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, TUESDAY, NOVEMBER 7, 1995 No. 175 House of Representatives

The House met at 12:30 p.m. and was pro-choice Members who voted for the The truth is that the partial-birth called to order by the Speaker pro tem- bill. abortion procedure is never necessary pore [Mr. SHAYS]. One Member who had a 100-percent to protect either the life or the health f voting record with the National Abor- of the mother. Indeed, the procedure tion Rights Action League said, and I poses significant risk to maternal DESIGNATION OF SPEAKER PRO quote, ‘‘I’m not just going to vote in health, risks such as uterine rupture TEMPORE such a way that I have to put my con- and the development of cervical incom- The SPEAKER pro tempore laid be- science on the shelf.’’ He continued by petence. fore the House the following commu- stating that it ‘‘undermines the credi- Dr. Pamela Smith, director of medi- nication from the Speaker: bility of the pro-choice movement to cal education at the department of ob- WASHINGTON, DC, be defending such an indefensible pro- stetrics and gynecology at Mount Sinai November 7, 1995. cedure.’’ Hospital in Chicago has written, and I I hereby designate the Honorable CHRIS- So, how have abortion advocates quote, ‘‘There are absolutely no obstet- TOPHER SHAYS to act as Speaker pro tempore mounted a defense of such an indefensi- rical situations encountered in this on this day. ble procedure? They do so by ignoring country which require a partially-de- NEWT GINGRICH, the painful reality, by denying the un- livered human fetus to be destroyed to Speaker of the House of Representatives. deniable truth, and by twisting and dis- preserve the health of the mother. Par- f torting the well-established facts. tial-birth abortion is a technique de- Abortion advocates claim that H.R. MORNING BUSINESS vised by abortionists for their own con- 1833 would jail doctors who perform venience, ignoring the known health The SPEAKER pro tempore. Pursu- lifesaving abortions. This statement risk to the mother. The health status ant to the order of the House of May 12, makes me wonder whether the oppo- of women in this country will only be 1995, the Chair will now recognize nents of H.R. 1833 have even bothered enhanced by the banning of this proce- Members from lists submitted by the to read the bill. H.R., 1833 makes spe- dure.’’ majority and minority leaders for cific allowances for a practitioner who Proponents of the partial-birth abor- morning hour debates. The Chair will reasonably believes a partial-birth tion method have also claimed that the alternate recognition between the par- abortion is necessary to save the life of procedure is only used to kill babies ties, with each party limited to not to a mother. No one can be prosecuted with serious disabilities. Focusing the exceed 30 minutes, and each Member and convicted under this bill for per- debate on babies with disabilities is a except the majority and minority lead- forming a partial-birth abortion which blatant attempt to avoid addressing er limited to not to exceed 5 minutes. is necessary to save the life of the the reality of this inhuman procedure. The Chair recognizes the gentleman mother. Anyone who has any doubt Remember the brutal reality of what from Florida [Mr. CANADY] for 5 min- about that should take a look at the is done in partial-birth abortion. The utes. text of the bill itself. baby is partially delivered alive, then f Of course, there is not a shred of evi- stabbed through the skull. No baby’s dence to suggest that a partial-birth life should be taken in this manner, H.R. 1833, THE PARTIAL-BIRTH abortion is ever necessary to save a whether that baby is perfectly healthy ABORTION BAN ACT OF 1995 mother’s life. In fact, the American or suffers from the most tragic of dis- Mr. CANADY of Florida. Mr. Speak- Medical Association Council on Legis- abilities. er, the National Abortion Rights Ac- lation, which includes 12 doctors, voted Further, neither Dr. Haskell nor Dr. tion League has called H.R. 1833, the unanimously to recommend that the McMahon, the two abortionists who Partial-Birth Abortion Ban Act of 1995, AMA board of trustees endorse H.R. have publicly discussed their use of ‘‘[O]ne of the most extreme, out- 1833. The council ‘‘felt [partial-birth this procedure, claim that this tech- rageous, and anti-choice measures ever abortion] was not a recognized medical nique is used only in limited cir- to come before Congress.’’ technique and agreed that the proce- cumstances. In fact, Dr. Haskell told Mr. Speaker, this must come as news dure is basically repulsive.’’ In the end, the American Medical News, and I to the gentleman from Missouri [Mr. the AMA board decided to remain neu- quote, ‘‘I’ll be quite frank: Most of my GEPHARDT], the gentlewoman from Ar- tral on H.R. 1833, but it is significant abortions are elective in that 20- to 24- kansas [Mrs. LINCOLN], and the gen- that the council of 12 doctors did not week range. Probably 20 percent are for tleman from Rhode Island [Mr. KEN- recognize partial-birth abortion as a genetic reasons and the other 80 per- NEDY], three of the many staunchly proper medical technique. cent are purely elective.’’

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 11783 H 11784 CONGRESSIONAL RECORD — HOUSE November 7, 1995

Dr. McMahon claims that most of the Samoa [Mr. FALEOMAVAEGA] is recog- White House has held a number of abortions he performs are nonelective, nized during morning business for 5 meetings with nonrecognized tribes so but his definition of nonelective is ex- minutes. that they could discuss recognition tremely broad. He describes abortions Mr. FALEOMAVAEGA. Mr. Speaker, with administration officials. As a di- performed because of a mother’s youth on January 25, 1995, I and my good rect result of those meetings, the De- or depression as ‘‘nonelective.’’ I do not friends, Mr. GEORGE MILLER, Mr. BILL partment of the Interior set up a task believe that the American people sup- RICHARDSON, Mr. PAT WILLIAMS, and force of administration people and rep- port aborting babies in the second and Mr. PETER DEFAZIO, introduced the In- resentatives of nonrecognized tribes to third trimesters because the mother is dian Federal Recognition Administra- assist the Department in formulating a young or suffers from depression. tive Procedures Act of 1995. H.R. 671, is position on whether the recognition Dr. McMahon sent me a graph which an effort to create an efficient and fair criteria could be improved. Further, shows that even at 26 weeks of gesta- procedure for extending Federal rec- only this month an administrative law tion, half the babies he aborted were ognition to Indian tribes. In my re- judge, in the first challenge to a deci- perfectly healthy, and many of the ba- marks at that time, I stated that intro- sion against recognition, has essen- bies he described as flawed had condi- duction of the legislation was only the tially reversed the Bureau of Indian Af- tions that were compatible with long starting point for further discussions fairs. In doing so, the judge was critical life, either with or without a disability. and debate and that I looked forward of the Bureau’s methodology and inter- For example, Dr. McMahon listed nine to the advice and input of colleagues, pretation of their own criteria. The partial-birth abortions performed be- the agency, and tribes. I hope to con- judge’s views of the existing criteria cause the baby had a cleft lip. tinue to work with Chairman MCCAIN can be considered a suggestion that the The National Abortion Federation, a Cochairman INOUYE, and the members criteria could be improved. group representing abortionists, has of the Senate Committee on Indian Af- Mr. Speaker, I have reviewed all of admitted that partial-birth abortions fairs to craft a bill which provides a those developments and taken into ac- are performed for many reasons. In fair and timely procedure to provide count the views of the interested par- 1993, the National Abortion Federation Federal recognition to Indian tribes. ties. As a result, I have modified H.R. counseled its members, and I quote, Mr. Speaker, the current test is not 671 to improve both the procedures and ‘‘Do not apologize. This is a legal abor- fair, nor is it administered in a timely the criteria that were in the original tion procedure,’’ and stated, ‘‘There are manner. I have recounted from this bill. The modifications will advance many reasons why women have late floor many times the process we have the goals of recognition reform legisla- abortions: Life endangerment, fetal in- put Indian tribes through. The current tion—providing a more objective, con- dications, lack of money, health insur- recognition process requires tribes to sistent, and streamlined standard for ance.’’ All of these are reasons that are provide written records of tribal gov- acknowledging groups as federally rec- advanced, and have been advanced in ernments during periods when the U.S. ognized Indian tribes. the past, these are not reasons that Government disbanded the tribes and Mr. Speaker, I have made the follow- justify this terrible procedure. This told them to assimilate into the larger ing changes to H.R. 671. The procedures procedure should be banned by the Sen- society. Decades after we told them to under which the independent commis- ate. stop keeping records and assimilate, sion would hear and decide petitions Mr. Speaker, the supporters of partial-birth now we tell them they are not Indian for recognition have been slightly abortion seek to defend the indefensible by because they do not have written proof modified. Provisions that would have misrepresentations and deception. But House of tribal activities during these peri- excluded groups from petitioning for Members, who voted by more than two-thirds ods. The poor Lumbee Indians of North recognition or continuing to seek rec- in favor of H.R. 1833, did not fall victim to the Carolina have been seeking recognition ognition have been removed. Most im- ferocious campaign of deceit waged by the for over 100 years, and even though portantly, the criteria for recognition supporters of partial-birth abortion. It is my they have been Indians all that time have been improved. The improve- hope that Members of the Senate will also see and much longer before that, the Bu- ments take into account the almost the truth and support H.R. 1833. reau of Indian Affairs thinks the cur- unanimous view of the experts and af- In the October 16 issue of the New Repub- rent system of recognizing tribes is fected tribes that the criteria used in lic, feminist author Naomi Wolf made an ob- just fine as it is. the existing administrative process, servation that I think should be taken to heart Mr. Speaker, the current system is which were carried into H.R. 671, do not by abortion advocates as the Senate consid- terrible, and I intend to fix this deplor- really test whether a group should be ers the Partial-Birth Abortion Ban Act. Ms. able mess. I am making every effort to recognized or not and that it is only Wolf wrote: see this bill become law during the through these changes that we will What Norma McCorvey [the plaintiff in 104th Congress so we can replace the enact a process that is both fair and Roe v. Wade] wants, it seems, is for abortion- current process created by administra- able to resolve the recognition issue in rights advocates to face, really face, what we tive regulation with a system approved the time frame anticipated. are doing. ‘‘Have you ever seen a second-tri- by elected officials. Mr. Speaker, the changes I have out- mester abortion?’’ she asks. ‘‘It’s a baby. It’s Mr. Speaker, I also feel compelled to lined this afternoon and which will be got a face and a body, and they put him in a comment on how repugnant I find the incorporated into legislation I am in- freezer and a little container.’’ Well, so it process of having to go through any troducing today are important because does; and so they do. form of recognition process. The racist there are 545 Indian nations within our In a partial-birth abortion, a babyÐwho has 50-percent blood test, the measurement country, plus scores of tribes seeking a face and a bodyÐis delivered, feet first, until of teeth and head shape is demeaning recognition, all of which will be af- all but the baby's head is outside the womb. and meaningless. We need to move for- fected in one way or another by this The abortionist then forces blunt scissors ward, and while we should have done so legislation. through the base of the baby's skull creating years ago, it does not mean we should Mr. Speaker, I also want to take a a hole. The abortionist then inserts a suction not take action now. few minutes to speak out in opposition catheter and extracts the baby's brains. Mr. Mr. Speaker, since January a number to the proposed tax on Indian gaming. Speaker, it is time for abortion advocates to of occurrences have provided me with The history of how this Nation has admit the truth about this terrible procedureÐ some of the discussion and input that I treated the American Indians is deplor- and to stop their campaign to conceal the truth was looking for on the acknowledge- able. We have taken their lands again from the American people. ment process. The Senate Committee and again, and we have negotiated f on Indian Affairs held a hearing in July treaties and reneged those same trea- on S. 479, a bill very similar to H.R. 671. ties again and again. I thought those GOVERNMENT ATTACKS ON Nonrecognized and recognized tribes, times had passed, but even as I speak, AMERICAN INDIANS the Bureau of Indian Affairs, Indian or- the assault continues. The SPEAKER pro tempore. Under ganizations, and experts submitted tes- Last month the House adopted a tax the Speaker’s announced policy of May timony on the bill and the existing rec- on Indian gaming as part of its budget 12, 1995, the gentleman from American ognition process. In addition, the reconciliation bill. For the first time November 7, 1995 CONGRESSIONAL RECORD — HOUSE H 11785 the Congress is considering taxing 15 percent to 35 percent of casino income. day for women in this Capitol, because other governmental entities on income The Republican Congress should not be in is appears that what we did with such which is used for governmental pur- the business of instituting new taxes: The In- rush in this House last week is going to poses such as building roads, hospitals, dian gaming tax should be discarded in con- be rushed through the Senate even ference. medical clinics, and providing edu- House tax writers seem to have fixed on faster; that they are going to move ex- cation to children. My analysis of why tribal gaming as a convenient source of reve- peditiously to outlaw a certain proce- this tax of up to 35 percent of net reve- nue for the federal Treasury. In political dure and criminalize doctors that to it nue is being considered only on Indian terms it is understandable: At least at for late-term abortions, without having tribes, and not on the gaming activi- Foxwoods and a few other well-placed Native any hearings. ties of State and local governments, American casinos, there is a lot of money Mr. Speaker, in this House we acted lead me to the conclusion that our new being generated; and Indians are not a po- on a 2-hour hearing where only one of tent voting bloc. In other, substantial cash the two panels was able to participate. majority believes they can use the In- can be had without generating substantial dians yet again as a political punching constituent backlash. But in constitutional The doctor who was accused was not bag to beat up on and take advantage terms, the tax is dubious at best. able to come, and may other things; of. Why is it that the party which The way the tax is written, tribal govern- with drawings that have been discred- comes to this well everyday to decry ments are treated as non-profit organiza- ited. Now, they seem to be actively the ‘‘tax and spend Democrats’’ is so tions, and the gaming revenues are treated moving to only compound the error. anxious to raise a new tax, but only on as ‘‘unrelated business income.’’ It must be Mr. Speaker, I must say no matter American Indians? news to the tribes that they are mere char- what anyone’s position on abortion is, ities, rather than sovereign governmental I feel these are ones that if you sat I was not surprised when the Wash- entities. On reservations, tribal authorities ington Post published an editorial in are the local governments, both in fact and down and gave the life stories and the opposition to this proposed tax, but in well-established law. Yet the House would circumstances around them, almost today even the Washington Times edi- treat these recognized governments dif- every family, almost every grand- torialized against the idea. When this ferently than every other non-federal gov- mother in America would feel that the action is considered in the context of ernmental entity: That is, there is no pro- woman and her family had the right to the 11-percent cut in funding for the posal to tax the gaming revenues produced that kind of medical treatment. Bureau of Indian Affairs contained in by state-sponsored gambling. I have just come from a rally going Tribal governments have been struggling on outside the Supreme Court where, the Interior appropriations conference for decades to develop businesses and enter- report we will consider later today, it prise on reservations, often with little luck. again, women came forward and ex- is clear that the assault on America’s Conditions are bleak enough on many res- plained their very, very tragic cir- favorite whipping boy has resumed. ervations that alcoholism is high and life ex- cumstances around having to have this This action is especially hard to accept pectancy is low. Gambling may not be an procedure. when money which could be used to economic panacea, but the casino business Today a woman named Vicki Seles provide educational opportunities to has helped provide an economic base that stood up and said she was diabetic. Ev- the poor, the same problem our Speak- many tribes have used for building pros- erything went very well until about perous communities with diverse industries. her 28th week, and at that point they er spoke so forcefully in favor of last When tribal governments use gaming reve- week, will be used to give tax breaks to nues to build housing and infrastructure and realized that the fetus had so many those making up to $200,000 per year. employment, they are engaged in legitimate anomalies they were totally inconsist- Mr. Speaker, this is not the course governmental activities, not unlike states ent with life and that her life too could we should be taking, and I urge my col- that use their lottery proceeds for road con- be threatened, because being a diabetic leagues to vote against these attacks struction, prison building or education. they had to be very careful about what on the American Indians. The more that tribes are able to build kind of procedures she could and could thriving economies in their own territories, Mr. Speaker, I also urge my col- not go through. And so it was with the less they will be dependent on funding great pain, great sorrow, great every- leagues to provide a better procedural from Washington. This is not just an issue of format so that Indians could be recog- whether in the long run the balance sheet thing that this pregnancy was ended nized. Mr. Speaker, we have 545, to my will be positive or negative with new Indian with this method which was deter- last reading, sovereign Indian tribes as gaming taxes, it is an issue of paternalism. mined to be the safest for her because part of our Nation’s heritage. Yet, Even if Washington were to return to the it preserved her reproductive organs. It after these processes over the years, tribes, in the form of aid, all the money it kept the bleeding to a minimum, which our first policy was let us kill off the takes away in taxes—frankly, an unlikely is so important for diabetics and so prospect—the problem would remain that Indians, then let us assimilate and many other things. But I do not want the federal government would be hindering to pretend that I am practicing medi- make them part of the American soci- Indian self-sufficiency. ety; and then after that, no, let us ter- Most tribes engaged in federally approved cine without a license because obvi- minate them. Now, Mr. Speaker, we are gaming already pay taxes of benefits of one ously I do not have a medical license. going through the process of let us rec- sort or another to the states in which their b 1245 ognize them again. reservations are located. Foxwoods, for in- Mr. Speaker, it is time we make stance, pays the state of Connecticut some But she stood out there on the steps these changes to better the needs of $200 million. To add a federal tax to that bur- of the Supreme Court saying she is now den, especially when the state’s competing 30 weeks pregnant with a healthy fetus, the first Americans. lottery games are not taxed, is simply un- Mr. Speaker, I submit the following that this is going along well, how ex- fair. The Senate version of the spending bill cited she it. She has had this oppor- editorial for the RECORD: does not call for the new tax on the tribes. If tunity to once again try to become a [From the Washington Times, Nov. 7, 1995] for no better reason than that Republicans mother and that she and her husband TAXING THE TRIBES should not be in the business of increasing anybody’s taxes, conferees should stick with have been so excited about this happen- Given all the hype about gambling on In- the version and jettison the House tax on In- ing. It appears now that all of this is dian reservations, it’s Foxwoods—the wildly dian gaming. going well and that she would not have successful casino complex run by the Pequot tribe in Connecticut—that probably comes to f had that option had the fetus died in mind when the subject comes up. utero, which it appeared it could, and But Foxwoods is not representative of all A DARK DAY FOR WOMEN ON then all sorts of emergency procedures tribal gaming efforts. Most reservations are CAPITOL HILL start happening and probably in all in- in remote locations, far from the sort of The SPEAKER pro tempore. Under stances her entire reproductive system densely populated cities that provide cus- the Speaker’s announced policy of May would have been removed in some kind tomers for the Pequots; without the same 12, 1995, the gentlewoman from Colo- of an emergency procedure. volume of business enjoyed by the Pequots, Now, these are the types of things most tribes’ casinos struggle to produce rado [Mrs. SCHROEDER] is recognized modest revenues. Even so, conferees on the during morning business for 5 minutes. that we criminalized last week. We did budget reconciliation bill will be deciding Mrs. SCHROEDER. Mr. Speaker, I not even allow an amendment for the whether to impose a new federal tax on those thank the Speaker for recognition, and life of the mother or the future health gaming revenues, a tax that will range from I rise to say this is really a very dark of the mother to be considered. I find H 11786 CONGRESSIONAL RECORD — HOUSE November 7, 1995 that absolutely astounding that this kell, whose words were taken out of context these factors, as well as the rudimentary, body would shut off that kind of debate and used as arguments to pass the legisla- even crude, nature of the sketches added up and ram it through here only to be tion, never got a chance to testify, although to a picture that is, as I previously stated, even more astounded this week that as the enclosed letter explains, was willing highly imaginative and misleading. to. Just as the drawings presented misrepre- the other body is going to ram it Further, proponents of H.R. 1833 pointed as sent the nature and practical reality of the through even faster it they possibly reasons for passing the bill, an ‘‘eyewitness’’ surgery, your edited public distribution of can. account by Nurse Brenda Shafer who worked some of my words misrepresents the sub- I think the real reason this issue is for three days as a temporary nurse in Dr. stance of my statements. I would respect- so terribly painful is that you are talk- Haskell’s office, yet Ms. Shafer never testi- fully request that you and your staff refrain ing about the life of the mother plus a fied and her account has been contradicted from further mischaracterizations of my future life of a potential fetus. But do and discredited by both Dr. Haskell and his comments and my medical opinion on this we really as a Congress, men and head nurse Christie Gallivan, who supervised matter. Please include this letter as part of Ms. Shafer. women, think we have the right to the formal record of the above-mentioned Third, throughout the hearing, proponents hearing. come down and make that determina- of H.R. 1833 displayed an illustrator’s inter- Sincerely, tion, and do we really have the right to pretation of the procedure. Yet, the illustra- J. COURTLAND ROBINSON, MD, MPH. criminalize any doctor, to excuse him tions were never medically certified by a f of being a criminal for providing that qualified physician with first hand knowl- procedure. If you read the bill, it is edge of the procedure attesting to its medi- ANNOUNCEMENT BY THE SPEAKER very clear that the doctor can only use cal accuracy. In fact, Dr. J. Courtland Robin- son, an M.D., M.P.H. from Johns Hopkins PRO TEMPORE the woman’s life as a defense after he is University School of Hygiene and Public The SPEAKER pro tempore (Mr. arrested and on trial and then only if Health, has labeled these illustrations ‘‘high- SHAYS). The Chair will remind the that doctor alleges there was no other ly imaginative and misleading.’’ (See at- Member not to characterize the action procedures available, not a safer proce- tached letter.) of the other body, the Senate. dure, just no other procedure. The rule in the House barred any amend- Of course, you can have a total re- ments from being offered and provided only f one hour of debate. Opponents of the bill moval of the organs; you could have all MORE ON H.R. 1833, PARTIAL- sorts of other procedures that might be were not able to offer amendments to allow doctors the discretion to use the proposed BIRTH ABORTION BAN ACT OF 1995 much more dangerous for the women, banned procedures if the life or health, in- The SPEAKER pro tempore. Under but that is not a defense. So I must cluding a woman’s future fertility, were en- say, it is a sad day, Mr. Speaker. dangered. The short time allotted for debate the Speaker’s announced policy of May Mr. Speaker, I include for the did not allow opponents time to discuss the 12, 1995, the gentleman from Tennessee RECORD a letter that I have sent to type of health problems that would cause a [Mr. BRYANT] is recognized during Members of the other body about this family to consider this procedure. Nor did it morning business for 5 minutes. issue and another letter dealing with give us any time to discuss why this option Mr. BRYANT of Tennessee. Mr. the inaccuracies of the drawings this for some women may be the safest option for Speaker, it is my pleasure to come their situation. body was exposed to last week done by down and speak this morning on behalf It would be a legislative travesty if this of the bill that passed this House last a doctor. bill is hurriedly passed based upon the CONGRESS OF THE UNITED STATES, House’s deficient hearing process. American week by an overwhelming majority. In HOUSE OF REPRESENTATIVES, families who may find themselves in these fact, what is known up here as a veto- Washington, DC, November 6, 1995. tragic situations deserve better. proof majority, one that would survive DEAR SENATOR SPECTER: I understand that Sincerely, a President’s veto, should the Presi- H.R. 1833, the Canady-Smith bill to ban late PATRICIA SCHROEDER, dent veto it. term abortion procedures, will be before the Member of Congress. This is H.R. 1833, the bill that has al- Senate tomorrow. The issue before you is ready had some comments from this about one of the greatest tragedies that can JUNE 28, 1995. House floor this morning. I was proud befall a family—a wanted pregnancy that Hon. CHARLES CANADY, goes terribly wrong, either because serious U.S. House of Representatives, Washington, DC. to support this bill because I think it is fetal anomalies are discovered late in the DEAR CONGRESSMAN CANADY: I would like a fair bill, and I think it is one that pregnancy, or because the woman develops a to submit, for the record, a clarification re- does away with a very grisly medical life-threatening medical condition that is in- garding statements I made in the House Ju- procedure. By the number of votes that consistent with continuing the pregnancy. diciary subcommittee hearing on H.R. 1833, it had last week in its passage in this The bill you will debate on Tuesday would July 15, 1995. Evidently these statements are body by a margin of 288 to 139, we see being misinterpreted by those who support horribly burden these families. It would pre- that there were Members on both sides clude many women from having access to the your legislation to imply that I revised ear- best option available to them in terms of re- lier comments submitted to Members of Con- of the aisle who joined in in support of ducing the risk to their lives, their health, gress. These interpretations are incorrect. this bill. and their future fertility. Please, on the be- When discussing drawings presented to the I am proud to say that I do not par- half of these families, send this bill back to hearing which purport to be depictions of an ticularly like labels, but if you want to the appropriate Senate committee for thor- intact D&E or, as it is sometimes called, a use pro-choice and pro-life labels up ough hearings. D&X abortion, I stated that the drawings here in Washington, which is apt to The House bill is based upon an incomplete presented were ‘‘technically correct.’’ This is happen on occasion, there were many, I hearing record and a cursory House debate. true—the drawings are ‘‘technically correct’’ The legislation criminalizing an abortion in that they represent a rough characteriza- would be pro-life in that category. procedure is unprecedented and demands a tion of what is present, and in what position, There were many on the other side who hearing record and debate more thorough during such a procedure. A representation— were pro-choice, I am proud to say, than the House conducted. in words of pictures—can be technically ac- many of our colleagues on both sides of As a member of the House Judiciary Sub- curate, however, and still fall far from the the aisle who are pro-choice who voted committee on Constitutional Rights, I can mark in representing the truth of what it de- in support of this amendment. In fact, attest that the hearing record was incom- scribes. it is a procedure that is grisly, that is plete. First, we held only one two-hour hear- There are many substantive inaccuracies ing. Two panels were originally scheduled to in the drawings presented. For example, the gruesome. testify. The hearing was cut short and the clear implication of the drawings is that the Probably, taking aside all the issues scheduled second panel to deal with legal is- fetus is alive until the end of the procedure, of morality or lack of morality of sues did not occur. The only scheduled wit- which is untrue. The stylized illustrations choice or of no choice, taking religion ness was to present the proponents’ legal in- further imply that the fetus is conscious and out of this issue, I think one of the terpretation of the bill. Only the Ranking experiencing pain or sensation of some most persuasive factors that caused Democrat, Rep. Barney Frank (D-MA), was kind—which is also obviously untrue. Fi- Members to vote for this was the vote allowed to ask questions of the first panel. It nally, the fetus depicted is shown as per- that the AMA’s own Council on Legis- was only after considerable protest that I or fectly formed (indeed, proportionally larger any other members opposed to the legisla- in relationship to the woman than it ought lation had on this particular bill. This tion were allowed to ask further questions. to be), when in fact a great number of such is a group of 12 doctors, the Council on Second, no one with first-hand experience procedures are performed on fetuses with se- Legislation, as a part of the American with the procedure testified. Dr. Martin Has- vere genetic or neurological defects. All of Medical Association. The American November 7, 1995 CONGRESSIONAL RECORD — HOUSE H 11787 Medical Association, of course, long Recently in Washington State, a man PLEDGE OF ALLEGIANCE ago recognized abortion rights. So they out there very overweight was able to The SPEAKER. Will the gentleman are no great fan of the so-called pro- avoid hanging because of the fact he from Ohio [Mr. BROWN] come forward life movement. In fact, they have sup- might be decapitated. Again, I am and lead the House in the Pledge of Al- ported abortions over the years. They, proud to support this bill H.R. 1833 and legiance. as a body, took a neutral stance on this hope that it will pass through both Mr. BROWN of Ohio led the Pledge of bill, but again, at the recommendation bodies and the President will sign it. Allegiance as follows: of their own Council on Legislation, f I pledge allegiance to the Flag of the which voted 12 to zero to endorse this United States of America, and to the Repub- bill, 1833. RECESS lic for which it stands, one nation under God, This particular council endorsed the The SPEAKER pro tempore. There indivisible, with liberty and justice for all. gentleman from Florida, Mr. CANADY’s being no further requests for morning f bill, 1833. I know for a lot of us that business, pursuant to clause 12 of rule MESSAGE FROM THE SENATE took away some of the sting of these I, the House will stand in recess until 2 arguments that we hear about how doc- p.m. A message from the Senate by Mr. tors are going to have to make terrible Accordingly (at 12 o’clock and 54 Lundregan, one of its clerks, an- decisions and how they are going to be minutes p.m.), the House stood in re- nounced that the Senate had passed confronted with the idea that they may cess until 2 p.m. with amendments a bill of the House of the following title: go to jail and how women’s lives are f going to be put at risk. To me it is im- H.R. 2546. An act making appropriations b 1400 for the government of the District of Colum- portant to see doctors who represent bia and other activities chargeable in whole doctors who perhaps do this procedure AFTER RECESS or in part against the revenues of said Dis- take this type of stance that they The recess having expired, the House trict for the fiscal year ending September 30, know that it is such a terrible proce- 1996, and for other purposes. was called to order by the Speaker at 2 dure, and they know that many of p.m. The message also announced that the these things that are being said simply Senate insists its amendment to the are not true or else they chose to ig- f bill (H.R. 2546) ‘‘An act making appro- nore them because again they voted 12 PRAYER priations for the government of the to 0 in favor of endorsing, in favor of District of Columbia and other activi- supporting this bill. Some even said The Chaplain, Rev. James David ties chargeable in whole or in part that this procedure had no recognized Ford, D.D., offered the following pray- against the revenues of said District medical value. er: for the fiscal year ending September 30, During these times when so much of I think one on that council called it 1996, and for other purposes,’’ requests our consciousness reflects on the vio- repulsive. So I think for a lot of us, a conference with the House on the dis- lence and the outrage of past days, we again, on both sides of the aisle, on agreeing votes of the two Houses there- pause in prayer to commit ourselves to both sides of the pro-choice, pro-life on, and appoints Mr. JEFFORDS, Mr. patterns of peace in all we do or say or issue, this support from the Council on CAMPBELL, Mr. HATFIELD, Mr. KOHL, think. Your word, O gracious God, a Legislation, which again is a body and Mr. INOUYE, to be the conferees on word of shalom, of peace, of under- within the AMA, meant a lot to a lot of the part of the Senate. standing, is a word that commits us to people. The message also announced that the be Your messengers of accord in our Senate had passed a concurrent resolu- Mrs. SCHROEDER. Mr. Speaker, will Nation and Your stewards of good will the gentleman yield? tion of the following title, in which the in all the world. May Your spirit, O concurrence of the House is requested: Mr. BRYANT of Tennessee. I will God, remind us to use our voices in yield briefly, if the gentlewoman can S. Con. Res. 31. Concurrent resolution hon- ways that bring tolerance and greater oring the life and legacy of Yitzhak Rabin. be brief. She had her 5 minutes, and I understanding so that our actions will f want as much of my 5 minutes as pos- be deeds of justice and righteousness, sible. now and evermore. Amen. REPORT TO THE HOUSE ON THE The SPEAKER pro tempore. Both f TRIP TO JERUSALEM AND THE Members will suspend. Time is not FUNERAL FOR PRIME MINISTER being deducted from the gentleman. He THE JOURNAL RABIN has the floor. The gentleman from Ten- The SPEAKER. The Chair has exam- (Mr. GINGRICH asked and was given nessee has the floor and has not yield- ined the Journal of the last day’s pro- permission to address the House for 1 ed. ceedings and announces to the House minute and to revise and extend his re- Mr. BRYANT of Tennessee. Let me his approval thereof. marks.) finish because I had one other major Pursuant to clause 1, rule I, the Jour- Mr. GINGRICH. Mr. Speaker, I just point I would like to make. This is, nal stands approved. want to take a minute to brief my col- talking about this procedure, I alluded Mr. COOLEY. Mr. Speaker, pursuant leagues on the trip to Jerusalem and to this when I spoke originally on the to clause 1, rule I, I demand a vote on on the funeral for Prime Minister floor in support of the 1833 bill. That agreeing to the Speaker’s approval of Rabin. Let me say that I commend the was the manner of this technique is so the Journal. President for having put together, on gruesome that as a person who is a The SPEAKER. The question is on very short notice, a very powerful bi- former prosecutor and familiar with the Speaker’s approval of the Journal. partisan delegation. The leadership of the death penalty and all those things The question was taken; and the the Congress on both sides of the aisle that go with it, I think I can stand up Speaker announced that the ayes ap- were there, and President Carter, here and say in an unqualified fashion peared to have it. President Bush, former Secretary that this particular partial birth abor- Mr. COOLEY. Mr. Speaker, I object Shultz, and former Secretary Vance. I tion procedure would never be used as to the vote on the ground that a was told personally last night by act- a form or as a means of execution in a quorum is not present and make the ing Prime Minister Perez that it was a capital murder case. Even the most point of order that a quorum is not very powerful symbol of our commit- gruesome murderer, and I mentioned, I present. ment to stability and our commitment believe, Charles Wayne Gacey and Ted The SPEAKER. Evidently a quorum to the peace process that such a strong Bundy who have been executed, even is not present. delegation would go to represent the they had certain basic rights of due Pursuant to clause 5 of rule I, further United States in a tragic moment. process of law and an infliction of a proceedings on this question are post- I think we all have to recognize that capital punishment, a method that was poned until later today. even with all of the violence which has not so cruel and inhuman as to violate The point of no quorum is considered occurred in the Middle East, the assas- the Constitution. withdrawn. sination of Prime Minister Rabin was H 11788 CONGRESSIONAL RECORD — HOUSE November 7, 1995 an unusually shocking moment which YITZHAK RABIN: WARRIOR FOR Even though this bill was sent back to has left the people of Israel, I think, PEACE committee, the new reported version is genuinely in a state of deep mourning (Mr. LEWIS of Georgia asked and was still completely unacceptable. and, frankly, deep shock that it could given permission to address the House This conference report undermines have happened within Israeli society. for 1 minute and to revise and extend our commitments to native Americans, I believe for our part, we in the Con- his remarks and include extraneous our National Park System, and our gress have an obligation to continue to material.) precious national culture. work toward the dream of a peaceful Mr. LEWIS of Georgia. Mr. Speaker, This bill slashes the budget of the and prosperous Middle East, a Middle I have just returned from Israel, where National Park System at a time when East in which Israeli’s national secu- I attended the funeral of Prime Min- more of our constituents are using the rity is ensured within a framework of ister Yitzhak Rabin. parks. friendship and comity with its neigh- Today our condolences and our In this bill the budget for the Na- bors. It is a long and a difficult process, hearts go out to the people and friends tional Park System is cut by $68 mil- but I think any Member or citizen of of Israel, the Rabin family, and lovers lion. This bill provides only $1 for manage- this country who watched on tele- of peace everywhere. vision, who listened to the heart- Prime Minister Rabin was a great ment of the Mojave National Preserve, rending personal statement of Prime man, a great statesman, and a great a newly established California park. It eliminates $15 million for efforts Minister Rabin’s granddaughter, any- peacemaker. He lived his life protect- to improve visitor safety and security one who saw the historic moment in ing the people of Israel and gave his at National Parks. which the Russian Prime Minister life trying to bring an end to the cycle Despite public outcry about exploit- stood next to the American President, of violence that has plagued his nation. ing our national resources, this bill al- who stood next to the premier of Spain, He was a warrior for peace and that lows clearcutting in the Tongass Na- who stood next to the King of Jordan; will be his legacy. No assassin’s bullet tional Forest. can extinguish the flame, the dream, to see King Hussein back in that part This bill also undermines our com- that Yitzhak Rabin ignited in the of Jerusalem for the first time since mitments and treaty obligations to na- hearts and minds of his people. Yitzhak his grandfather was killed while seek- tive Americans. ing peace, and then to see President Rabin may no longer be with us, but In this conference report native Mubarak of Egypt, it was truly a his- his dream for a safe, secure Israel, an American programs will be cut by $184 toric moment, a moment that I think Israel at peace with itself and its million from last year’s levels. must have made Rabin proud to know neighbors, lives on. The crippling reductions targeted at that he had contributed with his life’s We have all lost a great leader, a tribes will significantly reduce support work and ultimately with his life to great man, a man of peace. Bless him. for essential tribal government serv- begin to move the Middle East toward f ices such as law enforcement, housing peace. improvement, health care, Indian child EMULATING THE COURAGE AND I hope all Members will join in ex- welfare, and adult vocational training. DEDICATION OF PRIME MIN- pressing our commitment and support. This conference report cuts $136 mil- ISTER RABIN IN SUPPORTING I hope all of us will remember that one lion more from Indian programs than THE PEACE PROCESS person can make a difference, and that the original House bill. this sacrifice does not have to have (Mr. PAXON asked and was given Make no mistake that this bill also been in vain. I hope all of us will con- permission to address the House for 1 jeopardizes the ability to provide im- tinue to work to strengthen the pros- minute and to revise and extend his re- portant cultural, education, and artis- pects of having a genuine and lasting marks.) tic programs for communities across peace in the Middle East. Mr. PAXON. Mr. Speaker, today we this country. all come together, Christian and Jew This bill eliminates 39 percent of f and Moslem. We come together as peo- funding for the National Endowment ple of different races and ethnicities, LET US DEDICATE OURSELVES TO for the Arts. These cuts mean less dol- but we come together as Americans all, THE CAUSE OF PEACE TO EN- lars for communities in your district to to join in mourning the tragic death of SURE THAT PRIME MINISTER help them bring ballet and orchestra, Israel Prime Minister Yitzhak Rabin. RABIN DID NOT DIE IN VAIN opera, and theatre performances to There is absolutely no question, Mr. your constituents. (Mr. GILMAN asked and was given Speaker, of the singular greatness of I urge my colleagues to do what is permission to address the House for 1 Prime Minister Rabin. He was always a right to protect our environment, to do minute and to revise and extend his re- man of strength who lived a life of con- what is right for native American chil- marks.) viction and courage. Yitzhak Rabin dren and our cultural heritage. Vote Mr. GILMAN. Mr. Speaker, the vio- gave his life in a passionate search for ‘‘no’’ on the Interior appropriations lent death of Israel’s Prime Minister peace for all people in the Middle East. conference report. Yitzhak Rabin is a tragedy, not only The only question, the only question f for his family and for Israel, but for the that remains: Will we who live on be as IT IS TIME TO SAY GOODBYE TO entire world. His life spanned Israel’s courageous and as dedicated in picking THE DEPARTMENT OF COMMERCE painful struggle for birth and survival. up where he left off, in standing up for a real and just peace in the Middle (Mr. CHABOT asked and was given His military background gave him East? the credentials to lead Israel in search permission to address the House for 1 of a secure peace. General Rabin knew f minute and to revise and extend his re- how to wage war. Prime Minister marks.) INTERIOR APPROPRIATIONS Mr. Speaker, when this historic Con- Rabin knew how to make peace. CONFERENCE REPORT gress convened, a number of us in the In the immortal words of Abraham (Mr. RICHARDSON asked and was new majority promised our constitu- Lincoln, he has given the last full given permission to address the House ents that we would work hard to elimi- measure in his devotion to peace for Is- for 1 minute and to revise and extend nate wasteful Federal agencies that rael. his remarks.) cater to special interests. Soon we will We can ensure that Yitzhak Rabin Mr. RICHARDSON. Mr. Speaker, I have an opportunity to do just that by will not have died in vain if we the liv- commend all the previous speakers for eliminating the Department of Com- ing rededicate ourselves to the cause of their eloquence on the assassination of merce. peace, to carry the torch that Yitzhak Prime Minister Rabin. The Commerce Department, which Rabin held high on the road to peace Mr. Speaker, later this week the was ostensibly created to promote for Israel and for her neighbors House will consider for the second time American business interests, has throughout the Middle East. the conference report on H.R. 1977. evolved into a mish-mash of ineffective November 7, 1995 CONGRESSIONAL RECORD — HOUSE H 11789 and outmoded programs which soak Mr. BROWN of Ohio. Mr. Speaker, 2 day’s health care system, private pa- the American taxpayer for hundreds of weeks ago this Congress cut $270 billion tients and their insurers pay the price millions of dollars while providing pre- in Medicare while increasing Pentagon for the uninsured. This cost shifting cious little in return. spending $7 billion more than the Pen- will accelerate under the Republican We promised we would balance the tagon itself even asked for. Why? The Medicare proposal. budget, not by raising taxes but by cut- Speaker has said and the Republican According to a story that ran this ting wasteful spending. This is a per- majority has said they want to pre- weekend in the New York Times, as fect example, the Department of Com- serve and protect Medicare. They want Medicare payments fall short of cover- merce, of wasteful spending. to save it by cutting it. ing the cost of care, hospitals will be Mr. Speaker, we have to crack down Let us look at a bit to history. In forced to make up the difference by on corporate welfare, and the Depart- 1965, when Medicare was created, 87 charging their private patients more. ment of Commerce is a good place to percent of Republicans voted against Many people who work for small busi- begin. It is little more than a welfare its creation. nesses could also lose their insurance department for big corporations. We b 1415 altogether. should have the courage to eliminate An independent health care research it. In the next 20 and 30 years, Repub- firm, Lewin VHI, estimates that $66 f lican Members of Congress continued billion will be shifted on to the pri- to try to cut Medicare. In this year, vately insured. That is too big of a bur- ART MODELL MUST OBEY Speaker GINGRICH said, now, we did not den for our small businesses, and yet CLEVELAND’S LAWS get rid of Medicare in round one be- another reason to oppose the Repub- (Mr. TRAFICANT asked and was cause we do not think that is politi- lican Medicare cuts. given permission to address the House cally smart, but we believe it is going f for 1 minute and to revise and extend to wither on the vine. That is why they his remarks.) are cutting Medicare. They are cutting A HERO IN WAR, HE DIED FOR Mr. TRAFICANT. Mr. Speaker, year Medicare in order to let it wither on PEACE in and year out, the Cleveland Browns the vine and they are cutting Medicare (Mr. CHRISTENSEN asked and was averaged 70,000 paying fans a game, but in order to give $245 billion in tax cuts given permission to address the House owner Art Modell says that is not to the wealthy. Mr. Speaker, it simply for 1 minute and to revise and extend enough. He said he is losing money. does not make sense. his remarks.) Who is kidding whom? This move to f Mr. CHRISTENSEN. Mr. Speaker, Baltimore is nothing but a sweetheart the epitaph of Prime Minister Yitzhak deal for Modell and a raw deal for the NOW IS THE TIME TO BALANCE Rabin could fill volumes. He served his city of Cleveland. THE BUDGET Mr. Speaker, what is the surprise? (Mrs. SEASTRAND asked and was country tirelessly. He helped lead her Anyone who would fire Paul Brown, given permission to address the House to triumph in the 1967 war. He won the trade Paul Warfield, and cut outright for 1 minute and to revise and extend Nobel Prize for his efforts to bring her Bernie Kozar does not know the mean- her remarks.) an everlasting peace. ing of loyalty or community. I am ask- Mrs. SEASTRAND. Mr. Speaker, the Prime Minister Rabin had the rare ing the Ohio attorney general to en- discussion going on here in Congress ability to bring diverse people together force the contract between Cleveland about balancing the Federal budget in the pursuit of peace. He earned the Browns and the city of Cleveland. If will continue on the floor this week. I admiration and the respect of the peo- the fine print is binding on those in the think it is important to remember that ple of Israel and people throughout the dog pound and Mayor White, the fine every day, all across this country, mil- world. I am shocked and saddened that print should be binding on Art Modell. lions of American families gather at such a brave man would be brought down so brutally. f the kitchen table to balance the family budget. They do not make excuses, So, in the great shadow of his loss, THE DEMOCRATS’ STRANGE VIEW they just do the right thing for the this is a sad time for Israel, America, OF THE BUDGET PROCESS family. and the world. Our thoughts and pray- (Mr. WALKER asked and was given I believe now is the time for the ers are with Mr. Rabin’s family and permission to address the House for 1 House and Senate to gather around the with the people of one of America’s minute and to revise and extend his re- kitchen table of America and do what closest allies, Israel. He will go down in marks.) is right for America’s future. We need history as a hero in war, he died for Mr. WALKER. Mr. Speaker, over the to balance the budget, reform welfare, peace. last several weeks, we have heard some and cut taxes so that the American f fascinating dialog as we have discussed family will be able to keep more of the budget. I think it has been particu- their own, hard-earned paycheck. The DAVID ROHDE HELD HOSTAGE larly interesting. The Democrats, bless growing expectation for a balanced (Mr. HOYER asked and was given their hearts, have a very strange view budget has already caused long-term permission to address the House for 1 of this whole budget process. interest rates to fall, according to Alan minute and to revise and extend his re- For example, when we actually cut Greenspan. marks.) spending, as we are doing in the De- No more talking about balancing the Mr. HOYER. Mr. Speaker, as the fense Department, so we are spending budget, no more reading about it. Let’s peace negotiations between the war- less in 1995 or in 1996 than we spent in just do it. Let’s work together at the ring parties in the Bosnian conflict 1995, they call that an increase; but kitchen table for the good of our Na- continue in Dayton, an American jour- when we increase spending in programs tion. nalist continues to be incarcerated and like Medicare above what we are spend- f held hostage by the Bosnian Serbs. ing in 1995, they call that a cut. No David Rohde, a journalist for the wonder the budgets of the United HOSPITALS WILL BE FORCED TO Christian Science Monitor, was respon- States were so screwed up for 40 years CHARGE MORE sible for exposing the killing fields while they managed this place. (Ms. DELAURO asked and was given near Srebrenica in eastern Bosnia. He f permission to revise and extend her re- is now being held in captivity, detained marks.) by those responsible, the Bosnian THE REPUBLICANS’ ONGOING WAR Ms. DELAURO. Mr. Speaker, it is not Serbs. They have charged him with, AGAINST MEDICARE just seniors who will be asked to pay and I quote, ‘‘Illegal border crossings (Mr. BROWN of Ohio asked and was more under the Republican Medicare and falsifying documents.’’ He has been given permission to address the House bill. Businesses and working people can tried and convicted by what our own for 1 minute and to revise and extend expect to see that their health care State Department has called, right- his remarks.) costs are going to rise as well. In to- fully, a kangaroo court. He has, Mr. H 11790 CONGRESSIONAL RECORD — HOUSE November 7, 1995 Speaker, become a pawn of the Serbs in wants to increase the debt ceiling and make no mistake about that. We have their peace negotiations. he is fighting nearly every Republican lost a unique individual who was com- I suspect that Milosevic and his gang proposal to cut spending and reduce mitted to bringing about peace. think they can use David Rohde as a the size of Government. As President Clinton remarked and bargaining chip in order to have us re- Mr. Speaker, the Clinton administra- as King Hussein of Jordan remarked, duce our demands that the Serbs re- tion’s priorities are not the same as the legacy of Mr. Rabin must be to move war criminals Karakzic and the American people. The American move forward in the peace process. The Mladic from their commands as part of people want to clean up this fiscal best way to honor Mr. Rabin’s memory any peace agreement. They are wrong. mess, not increase the Government’s is for all of us to rededicate ourselves Mr. Speaker, I am today urging the credit limit without balancing the to peace in the Middle East. Clinton administration to demand that budget. My observations of what is happening David Rohde and other noncombatant f in Israel today is that the Israelis are personnel, including all U.N. military more united, more committed to peace and civilian personnel, be immediately YITZHAK RABIN DEDICATED TO than ever before, and I think that is a released. LASTING PEACE fitting tribute to Mr. Rabin’s work. f (Mr. FORBES asked and was given f permission to address the House for 1 CONGRESSIONAL LIBERALS VOICE minute and to revise and extend his re- YITZHAK RABIN’S ASSASSINATION BOGUS CLAIM marks.) (Mr. KNOLLENBERG asked and was (Mr. HERGER asked and was given Mr. FORBES. Mr. Speaker, I rise given permission to address the House permission to address the House for 1 today in remembrance of one of the gi- for 1 minute and to revise and extend minute and to revise and extend his re- ants of the 20th century, a true hero, his remarks.) marks.) Prime Minister Yitzhak Rabin. Mr. KNOLLENBERG. Mr. Speaker, Mr. HERGER. Mr. Speaker, liberals Prime Minister Rabin, who was trag- on Saturday, November 4, the world here in Congress and in the White ically taken from us over the weekend, suffered a great loss. Prime Minister House love to claim that Republicans could best be described as one of the Rabin’s leadership and commitment to are raising taxes on the poor because of Founding Fathers of the State of Is- peace in the Middle East will be our efforts to reform the earned income rael, and a man dedicated to lasting missed. tax credit. This claim is bogus and is peace in the Middle East. His untimely death is nothing less an outright scare tactic. As a soldier, he led troops during Is- than tragic, not only to his family and EITC was set up in the 1970’s to help rael’s War of Independence in 1948. As the people of Israel, but to everyone working, poor families. It was designed chief of staff of the Israel Defense who yearns for the end of bloodshed in to be a tax refund program. Since then, Forces, he led Israel to a victory over the Middle East. EITC has turned into a welfare pro- Arab forces in 1967. As Defense Min- The United States has always stood gram. In fact, only one-quarter of the ister, he strengthened Israel’s armies beside Israel. Now more than ever, we $21 billion spent on EITC actually go to to defend against external threats, and must reaffirm our commitment to the tax refunds. The other three-fourths go as Prime Minister, he pursued peace parties involved in the peace process to to welfare grants. The program has ex- with Israel’s enemies. Above all else, ensure that Yitzhak Rabin’s vision be- panded far beyond its original intent. he was a true patriot, whose commit- comes a reality. In the last 10 years, spending on the ment to the people of Israel and a se- Mr. Speaker, our hearts and prayers program has increased 1,220 percent. cure future for all of its generations to go out to the people of Israel and This is unsustainable growth. come was unequivocal. Prime Minister Peres. Mr. Speaker, the American people For those of us here in America, he The challenges of the future are need to know that we are not raising was a friend, a comfortable friend, who large, but not insurmountable. Mr. taxes on poor people. Every family cov- we came to know during his time as Is- Rabin has shown us that courage and ered by EITC will receive the $500 per- raeli Ambassador to the United States. perseverance can win the day. Let us This past August, my wife, Barbara child tax credit and it is an outright learn from his example. fabrication to suggest that reforming and I, had the good fortune of spending EITC is a tax increase. some time with the Prime Minister and f f his lovely wife, Leah. During that visit ANNOUNCEMENT BY THE SPEAKER as I toured Israel, it was clear that PRO TEMPORE CLINTON ADMINISTRATION AND Prime Minister Rabin was undergoing AMERICAN PEOPLE HAVE DIF- tremendous pressure from external The SPEAKER pro tempore (Mr. FERENT PRIORITIES forces as well as internal forces, as he SHAYS). Pursuant to the provisions of (Mr. EWING asked and was given per- so valiantly pursued the process of clause 5 of rule I, the Chair announces mission to address the House for 1 peace. This and so much more shall that he will postpone further proceed- minute and to revise and extend his re- serve as an enduring legacy of hope and ings today on each motion to suspend marks.) optimism that characterized the rich the rules on which a recorded vote or Mr. EWING. Mr. Speaker, the Clinton and full life of Prime Minister Rabin. the yeas and nays are ordered, or on administration’s top concern these Our prayers are with the Prime Min- which the vote is objected to under days seems to be raising the debt ceil- ister’s family and with all Israelis dur- clause 4 of rule XV. ing; in other words, increasing the Gov- ing the most difficult time. Such rollcall votes, if postponed, will be taken after debate has concluded on ernment’s credit limit, which will be f paid by our grandchildren. all motions to suspend the rules, but For 11 months now, the Republican PRIME MINISTER’S LEGACY TO not before 6 p.m. today. Congress has been writing a budget MOVE FORWARD FOR PEACE f which will be balanced in 7 years. (Mr. CARDIN asked and was given REAPPOINTMENT OF HOMER AL- Throughout the whole process, the permission to address the House for 1 FRED NEAL TO THE SMITHSO- President has been missing the whole minute and to revise and extend his re- NIAN BOARD OF REGENTS point. He needs to build consensus and marks.) accept the agenda of the American peo- Mr. CARDIN. Mr. Speaker, as a Mem- Mr. THOMAS. Mr. Speaker, I move to ple. ber of the congressional delegation suspend the rules and pass the joint Now the President wants us to raise that attended Mr. Rabin’s funeral, let resolution (H.J. Res. 69) providing for the debt limit when he has not even me share with you some of my observa- the reappointment of Homer Alfred stated he will sign the balanced budget tions from returning from Jerusalem. Neal as a citizen regent of the Board of amendment over a 7-year period, nor Mr. Rabin was truly a unique individ- Regents of the Smithsonian Institu- has he said he will sign legislation to ual who pursued peace, and his loss will tion. save Medicare or reform welfare. He be deeply felt in the peace process, The Clerk read as follows: November 7, 1995 CONGRESSIONAL RECORD — HOUSE H 11791 H.J. RES. 69 Mr. Speaker, I yield such time as he the adoption and the appointment of Resolved by the Senate and House of Rep- may consume to the gentleman from the citizen regents. resentatives of the United States of America in Louisiana [Mr. LIVINGSTON], one of the Mr. THOMAS. Mr. Speaker, I thank Congress assembled, That, in accordance with regents of the Smithsonian Institution the gentleman, and that sounds like we section 5581 of the Revised Statutes of the of the House of Representatives, the have at least one more object to add to United States (20 U.S.C. 43), the vacancy on chairman of the Committee on Appro- the Smithsonian’s collection coming the Board of Regents of the Smithsonian In- stitution, in the class other than Members of priations. soon. Congress, occurring by reason of the expira- (Mr. LIVINGSTON asked and was Mr. Speaker, I urge Members to sup- tion of the term of Homer Alfred Neal of given permission to revise and extend port House Joint Resolution 69. Michigan on December 6, 1995, is filled by the his remarks.) Mr. Speaker, I reserve the balance of reappointment of the incumbent for a term Mr. LIVINGSTON. Mr. Speaker, I my time. of six years, effective December 7, 1995. thank the gentleman from California Mr. HOYER. Mr. Speaker, I yield my- The SPEAKER pro tempore. Pursu- the distinguished chairman of the Com- self such time as I may consume. ant to the rule, the gentleman from mittee on House Oversight for yielding Mr. Speaker, I am pleased to join my California [Mr. THOMAS] will be recog- me the time. colleague from California in support of nized for 20 minutes, and the gen- Mr. Speaker, I would like to thank the four joint resolutions before us tleman from Maryland [Mr. HOYER] him also and also the gentleman from today. They were all passed out of com- will be recognized for 20 minutes. California [Mr. FAZIO], the ranking mittee unanimously and will serve to The Chair recognizes the gentleman member, who cannot be here today, for continue the excellent stewardship from California [Mr. THOMAS]. moving these regent nominations so that has been the tradition of the Mr. THOMAS. Mr. Speaker, I yield quickly through their committee and Smithsonian Institution. myself such time as I may consume. onto the House floor. The actions we The four resolutions before us are Mr. Speaker, I rise today in support take today will allow the Board of Re- complementary and will bring a di- of House Resolution 69 which provides gents to have a full complement as the verse group of skills and experience to for the reappointment of Homer Alfred Smithsonian begins to celebrate its the board. Together, the nominees Neal to the Smithsonian Institution’s 150th anniversary this January. bring backgrounds in the sciences, Board of Regents. The Board of Regents is indeed, as arts, business, and the Federal Govern- the gentleman from California [Mr. ment. b 1430 THOMAS] has pointed out, the govern- The Smithsonian Institution is the The Smithsonian is governed by a 17- ing body for the Smithsonian Institu- crown jewel among our Nation’s fine member board composed of the Chief tion. Its 17 members include the Vice museums and research facilities. Every Justice, the Vice President of the Unit- President, Chief Justice, three Sen- day, hundreds of Americans, and in- ed States, three Members of the House ators, three Members of the House, and deed, visitors from around the world, of Representatives, three Members of nine citizen regents. The gentleman visit the Smithsonian museums and the Senate, and nine citizen members. from Texas, Mr. SAM JOHNSON, and I marvel at their wonders. Whether it is Homer Neal will complete his first 6- are honored to be two of those regents. school children seeing the remarkable year term as a citizen regent on De- A replacement will soon be named for pictures from the Hubble telescope at cember 6. His extensive knowledge Norm Mineta, who resigned on October the Air and Space Museum and start- about science and his expertise as vice 10. The nine citizen regents are ap- ing on their journey into the marvels president for research and professor of pointed by joint resolution of Congress of science or a grandmother seeing physics at the University of Michigan for 6-year terms. Dorothy’s red shoes that she first saw have provided a significant contribu- The caliber of the people who are years ago on the magical silver screen, tion to the Smithsonian as a regent. willing to serve in these positions re- the Smithsonian is like no other place. Mr. Neal is being renominated for an flects well upon the Smithsonian Insti- The first resolution, House Joint additional 6-year term. tution, and each of the appointments Resolution 69, reappoints Homer A. Mr. Speaker, regents oversee Ameri- will ensure that the Smithsonian con- Neal, vice president for research at the ca’s preeminent cultural institution. tinues its 150 years of success. Each of University of Michigan. House Joint the Smithsonian’s museums preserve, the joint resolutions that we will con- Resolution 110 appoints Howard Baker, study, and present our cultural and sci- sider today, as the gentleman from former Senator and Chief of Staff to entific heritage through the vast col- California [Mr. THOMAS] will explain in President Reagan. House Joint Resolu- lections that they hold in trust for the detail, will appoint nationally re- tion 111 appoints Anne Harnoncourt, Nation. The Smithsonian is also a lead- spected individuals who are leaders in the director of the Philadelphia Mu- ing research center for the arts, his- their respective fields. Each are distin- seum of Art, and House Joint Resolu- tory, and science, with facilities, as we guished Americans. I am honored to tion 112 appoints Louis Gerstner, chair- know, here in the District of Columbia serve with them all. man of the board and CEO of IBM Corp. along the Mall but also in eight other Mr. Speaker, I will not elaborate on The Smithsonian is governed by a 17- States and in the Republic of Panama. the individual nominees since the gen- member board and all of these nomina- We are most familiar with the Smith- tleman from California on each of the tions are noncontroversial and worthy sonian based upon its exhibitions, 16 resolutions will do that. But I would be of this House’s full support. I urge my museums, galleries, and of course the remiss if I did not add that I will be in- colleagues to support each of these National Zoo. They receive 29 million troducing a bill later this week to measures and am pleased to join my visitors every year, and every one of allow for a commemorative coin to cel- friend from California in recommend- those visitors visit for free. ebrate the 150th anniversary of the ing these distinguished nominees to The Smithsonian is in essence the Smithsonian. The proceeds from the the House. Nation’s attic. They preserve unique coin will help to pay for sending Mr. Speaker, I yield back the balance records of art, history, plant and ani- Smithsonian exhibits across the coun- of my time. mal life. The total number of objects is try over the next 2 years to celebrate Mr. THOMAS. Mr. Speaker, I have no estimated at more than 140 million. the 150th anniversary and to display requests for time, and I yield back the Some 120 million of those objects are the Smithsonian’s treasures for many balance of my time. specimens in the National Museum of communities across America. For the The SPEAKER pro tempore (Mr. Natural History, and there are more first time we will help the Nation’s SHAYS). The question is on the motion than 16 million postage stamps and re- coin collectors by devoting 15 percent offered by the gentleman from Califor- lated objects at the National Postal of the proceeds for the numismatic col- nia [Mr. THOMAS] that the House sus- Museum. lection at the Museum of American pend the rules and pass the joint reso- The Smithsonian is a unique Amer- History. lution, House Joint Resolution 69. ican institution. The Board of Regents Mr. Speaker, I again thank the chair- The question was taken. are an important functioning aspect of man and the ranking member for their Mr. HILLEARY. Mr. Speaker, on that the Smithsonian. speedy consideration of the bill. I urge I demand the yeas and nays. H 11792 CONGRESSIONAL RECORD — HOUSE November 7, 1995 The yeas and nays were ordered. at the University of Tennessee in 1949. Mr. HOYER. Mr. Speaker, I yield my- The SPEAKER pro tempore. Pursu- After receiving his law degree from UT, self such time as I may consume. ant to clause 5 of rule I and the Chair’s he began a career as an attorney and Mr. Speaker, I rise once again in be- prior announcement, further proceed- businessman in Huntsville and Knox- half of this resolution. On our side of ings on this motion will be postponed. ville, TN, where he soon developed an the aisle, we know Howard Baker to be f outstanding reputation in these com- a partisan Republican, but he was munities and throughout the State. much more and is much more than APPOINTMENT OF HOWARD H. In 1966 Senator Baker was first elect- that. He was appropriately, as a leader BAKER, JR., TO SMITHSONIAN ed to the U.S. Senate. He was the first in his party, partisan when partisan- BOARD OF REGENTS Republican since Reconstruction to be ship was called for. But he was, as the Mr. THOMAS. Mr. Speaker, I move to elected to the Senate from Tennessee. gentleman from Tennessee has said, an suspend the rules and pass the joint Later he was reelected twice more by American first, not only a great leader resolution (H.J. Res. 110) providing for the people of Tennessee, in 1972 and in his own right but the son-in-law of a the appointment of Howard H. Baker, 1978. great Republican leader as well, Ever- Jr., as a citizen regent of the Board of While he is known to us in Tennessee ett Dirksen. Regents of the Smithsonian Institu- as being instrumental in building it Howard Baker is the kind of politi- tion. into a two-party State, the country cian that America needs. In a time The Clerk read as follows: knows him better for his dedication to when we tend to yell and scream at one H.J. RES. 110 setting partisanship aside for the good another, in a time when we tend to try Resolved by the Senate and House of Rep- of our country. to embarrass one another and show one resentatives of the United States of America in As vice chairman of the Senate Wa- another up, Howard Baker is an exam- Congress assembled, That, in accordance with tergate Committee in 1973, he shoul- ple of the best of public service. section 5581 of the Revised Statutes of the dered the difficult and unpleasant task Howard Baker revered the U.S. Sen- United States (20 U.S.C. 43), the vacancy on of investigating a Republican White ate, and in his career brought luster to the Board of Regents of the Smithsonian In- House. The leadership he provided on that institution as well as to his own stitution, in the class other than Members of that committee propelled him into the name, because Howard Baker under- Congress, occurring by reason of the expira- national spotlight. His goal was the tion of the term of Jeannine Smith Clark of stood that Americans expected us and the District of Columbia on August 25, 1995, truth, wherever it might have led. Senator Baker then served as Senate expect us still to work together, rec- is filled by the appointment of Howard H. ognizing our differences but recogniz- Baker, Jr. of the District of Columbia. The Republican leader, first in the minority from 1977 through 1980, and then later ing that consensus in the final analysis appointment is for a term of six years and is the way we make progress. shall take effect on the date on which this in the majority from 1981 until he re- joint resolution becomes law. tired in 1984. Therefore, as a member of the other party, if you will, but a friend of How- The SPEAKER pro tempore. Pursu- Senator Baker brought people to- ard Baker, and not only that, an ad- ant to the rule, the gentleman from gether. When important legislation got mirer of Howard Baker, and an admirer California [Mr. THOMAS] and the gen- bogged down in the Senate, he used his of that for which he stood as a public tleman from Maryland [Mr. HOYER] personal talent for bringing opposing servant, I gladly, on behalf of my party each will be recognized for 20 minutes. factions together at the bargaining The Chair recognizes the gentleman table to reach compromise suitable to as well as on behalf of the Democratic side of the aisle and the committee, from California [Mr. THOMAS]. all sides. Mr. THOMAS. Mr. Speaker, I yield In 1988 President Reagan asked How- rise in support of this resolution. myself such time as I may consume. ard Baker to take over as his White Mr. Speaker, I yield back the balance Mr. Speaker, I rise today in support House Chief of Staff, and always being of my time. of House Joint Resolution 110, which the willing patriot, he readily accept- Mr. THOMAS. Mr. Speaker, I have no provides for the appointment of How- ed. His presence as the head of the further requests for time, and I yield ard Baker, Jr., to the Smithsonian In- White House staff gave it instant credi- back the balance of my time. stitution’s Board of Citizen Regents. bility and integrity. He completed his The SPEAKER pro tempore. The I do not have to tell anyone that task given to him by President Reagan, question is on the motion offered by Howard Baker has had a long and dis- and again retired from public service. the gentleman from California [Mr. tinguished career in public office. He He may no longer hold any public of- THOMAS] that the House suspend the served in the U.S. Senate from 1967 to fice, but his knowledge and under- rules and pass the joint resolution, 1985. He was President Ronald Reagan’s standing of both Tennessee and Wash- House Joint Resolution 110. Chief of Staff from February 1987 to ington continues to have tremendous The question was taken. July 1988. influence. It is with great pride that I Mr. HILLEARY. Mr. Speaker, on that Mr. Speaker, rather than go into a pay this tribute to my most famous I demand the yeas and nays. more detailed background, it is my and most distinguished constituent, The yeas and nays were ordered. privilege to yield as much time as he Howard H. Baker, Jr. He is a great man The SPEAKER pro tempore. Pursu- may consume to the gentleman from who has dedicated his life to public ant to clause 5 of rule I and the Chair’s Tennessee [Mr. HILLEARY], who rep- service and we all owe him a great debt prior announcement, further proceed- resents the once and current home of of gratitude. ings on this motion will be postponed. Howard Baker. Senator Baker is interested in serv- f (Mr. HILLEARY asked and was given ing on the Smithsonian Board of Re- permission to revise and extend his re- gents, and this country could not have b 1445 a better person to serve there. It is marks.) APPOINTMENT OF ANNE Mr. HILLEARY. I thank the gen- with great pleasure that I urge all of D’HARNONCOURT TO THE SMITH- tleman from California for yielding me my colleagues to support House Joint SONIAN BOARD OF REGENTS the time. Resolution 110 to appoint Howard H. Mr. Speaker, it is my honor today to Baker, Jr., as a citizen regent of the Mr. THOMAS. Mr. Speaker, I move to rise in support of House Joint Resolu- Board of Regents of the Smithsonian suspend the rules and pass the joint tion 110 which provides for the appoint- Institution. resolution (H.J. Res. 111) providing for ment of Howard H. Baker, Jr., as a citi- Mr. THOMAS. Mr. Speaker, I think the appointment of Anne zen regent of the Board of Regents of all of us know that Howard Baker is D’Harnoncourt as a citizen Regent of the Smithsonian Institution. also an avid photographer and I look the Board of Regents of the Smithso- It is a pleasure and honor to be able forward to being able to view future nian Institution. to call Senator Baker my friend. He is pictures of the Smithsonian from the The Clerk read as follows: a true patriot who has had a long, dedi- inside out. I urge Members to support H.J. RES. 111 cated career in public service. House Joint Resolution 110. Resolved by the Senate and House of Rep- I believe one of the earliest offices he Mr. Speaker, I reserve the balance of resentatives of the United States of America in held was that of student body president my time. Congress assembled, That, in accordance with November 7, 1995 CONGRESSIONAL RECORD — HOUSE H 11793 section 5581 of the Revised Statutes of the Institution, in the class other than Members clude extraneous material on House United States (20 U.S.C. 43), the vacancy on of Congress, occurring by reason of the res- Joint Resolution 69, House Joint Reso- the Board of Regents of the Smithsonian In- ignation of Ira Michael Heyman of California lution 110, House Joint Resolution 111, stitution, in the class other than Members of on May 27, 1994, is filled by the appointment and House Joint Resolution 112, the Congress, occurring by reason of the expira- of Louis Gerstner of Connecticut. The ap- tion of the term of Samuel Curtis Johnson of pointment is for a term of six years and shall resolutions just considered. Wisconsin on December 4, 1995, is filed by the take effect on the date on which this joint The SPEAKER pro tempore. Is there appointment of Anne D’Harnoncourt of resolution becomes law. objection to the request of the gen- Pennsylvania. The appointment is for a term The SPEAKER pro tempore. Pursu- tleman from California? of six years and shall take effect on Decem- ant to the rule, the gentleman from There was no objection. ber 5, 1995. California [Mr. THOMAS] and the gen- f The SPEAKER pro tempore. Pursu- tleman from Maryland [Mr. HOYER] LAND CONVEYANCE TO CITY OF ant to the rule, the gentleman from will each be recognized for 20 minutes. SUMPTER, OR California [Mr. THOMAS] and the gen- The Chair recognizes the gentleman tleman from Maryland [Mr. HOYER] from California [Mr. THOMAS]. Mr. COOLEY. Mr. Speaker, I move to will each be recognized for 20 minutes. Mr. THOMAS. Mr. Speaker, I yield suspend the rules and pass bill (H.R. The Chair recognizes the gentleman myself such time as I may consume. 1581) to require the Secretary of Agri- from California [Mr. THOMAS]. House Joint Resolution 112, which culture to convey certain lands under Mr. THOMAS. Mr. Speaker, I yield provides for the appointment of Louis the jurisdiction of the Department of myself such time as I may consume. Gerstner to the Smithsonian Institu- Agriculture to the City of Sumpter, Or- Joint Resolution 111 provides for the tion’s Board of Regents is, I think, egon. appointment of Anne D’Harnoncourt to equally luminous. Louis Gerstner’s im- The Clerk read as follows: the Smithsonian Institute’s Board of pressive credentials begin with his cur- H.R. 1581 Regents. Ms. D’Harnoncourt serves as rent position as chairman of the board Be it enacted by the Senate and House of Rep- the director of the Philadelphia Mu- and chief executive officer of the IBM resentatives of the United States of America in seum of Art. In addition to her current Corp. Prior to his work at IBM, Mr. Congress assembled, position, she has worked at the Tate Gerstner has held top positions at RJR SECTION 1. LAND CONVEYANCE, CITY OF SUMP- Gallery in London and the Art insti- Nabisco, American Express, and the TER, OREGON. tute of Chicago. The knowledge she management consulting firm of (a) CONVEYANCE REQUIRED.—The Secretary possesses from her vast arts back- of Agriculture shall convey, without consid- McKinsey & Co. eration, to the city of Sumpter, Oregon (in ground will obviously prove beneficial While Mr. Gerstner obviously offers a to the Smithsonian’s Board. I urge my this section referred to as the ‘‘City’’), all diverse and impressive business back- right, title, and interest of the United States colleagues to support House Joint Res- ground, I think it is especially signifi- in and to a parcel of real property of approxi- olution 111. cant with his appointment as a regent mately 1.43 acres consisting of all of block 8 Mr. Speaker, I reserve the balance of of the Smithsonian to emphasize that of the REVISED PLAN OF SUMPTER my time. Mr. Gerstner, throughout his lifetime, TOWNSITE in the City, as shown in plat re- Mr. HOYER. Mr. Speaker, I yield my- corded March 6, 1897, in Plat Book 3, page 26; has had a continuous commitment to self such time as I may consume and including the alley running through such improving our system of education, join my colleague, the gentleman from block, vacated by Ordinance No. 1966–3, re- and this seems to be an excellent ap- California [Mr. THOMAS], in strong sup- corded December 14, 1966, in Deed 66–50–014. pointment as a citizen regent. I urge port of this resolution. (b) ADDITIONAL DESCRIPTION OF PROP- my colleagues to support House Joint ERTY.—The real property to be conveyed Mr. Speaker, I yield back the balance Resolution 112. under subsection (a) consists of the same of my time. Mr. Speaker, I reserve the balance of property that was deeded to the United Mr. THOMAS. Mr. Speaker, I yield my time. States in the following deeds: back the balance of my time. (1) Warranty Deed from Sumpter Power & Mr. HOYER. Mr. Speaker, I yield my- The SPEAKER pro tempore (Mr. Water Company to the United States of self such time as I may consume. SHAYS). The question is on the motion America dated October 12, 1949, and recorded Once again I am pleased to join the offered by the gentleman from Califor- in Vol. 152, page 170 of Baker County records chairman of the Committee on House on December 22, 1949. nia [Mr. THOMAS] that the House sus- Oversight, Mr. THOMAS, in support of (2) Warranty Deed from Mrs. Alice Windle pend the rules and pass the joint reso- this resolution. The nominee will, I am to the United States of America dated Octo- lution, House Joint Resolution 111. ber 11, 1949, and recorded in Vol. 152, page 168 The question was taken. sure, make a very outstanding con- tribution to the work of the Smithso- of Baker County records on December 22, Mr. HILLEARY. Mr. Speaker, on that 1949. I demand the yeas and nays. nian Board of Regents. (3) Warranty Deed from Alice L. Windle The yeas and nays were ordered. Mr. Speaker, I yield back the balance Charles and James M. Charles to the United The SPEAKER pro tempore. Pursu- of my time. States of America dated August 8, 1962, and ant to clause 5 of rule I and the Chair’s Mr. THOMAS. Mr. Speaker, I yield recorded in Book 172, page 1331 on August 27, prior announcement, further proceed- back the balance of my time. 1962. (c) CONDITION OF CONVEYANCE.—The con- ings on this motion will be postponed. The SPEAKER pro tempore. The question is on the motion offered by veyance under subsection (a) shall be subject f the gentleman from California [Mr. to the condition that the City use the con- veyed property only for public purposes, such APPOINTMENT OF LOUIS THOMAS] that the House suspend the as a city park, information center, or inter- GERSTNER TO SMITHSONIAN rules and pass the joint resolution, pretive area. BOARD OF REGENTS House Joint Resolution 112. (d) RELEASE.—Notwithstanding the Com- The question was taken. prehensive Environmental Response, Com- Mr. THOMAS. Mr. Speaker, I have Mr. HILLEARY. Mr. Speaker, on that pensation and Liability Act of 1980 (42 U.S.C. moved to suspend the rules and pass I demand the yeas and nays. 9601 et seq.), upon making the conveyance re- the joint resolution (H.J. Res. 112) pro- The yeas and nays were ordered. quired by subsection (a), the United States is viding for the appointment of Louis The SPEAKER pro tempore. Pursu- relieved from liability for any and all claims arising from the presence of hazardous mate- Gerstner as a citizen regent of the ant to clause 5 of rule I and the Chair’s Board of Regents of the Smithsonian rials on the conveyed property, and the City prior announcement, further proceed- shall thereafter be liable for any and all such Institution. ings on this motion will be postponed. The Clerk read as follows: claims. f (e) REVERSIONARY INTEREST.—If the Sec- H.J. RES. 112 retary of Agriculture determines that the Resolved by the Senate and House of Rep- GENERAL LEAVE real property conveyed under subsection (a) resentatives of the United States of America is not being used in accordance with the con- in Congress assembled, That, in accordance Mr. THOMAS. Mr. Speaker, I ask dition specified in subsection (c) or that the with section 5581 of the Revised Statutes of unanimous consent that all Members City has initiated proceedings to sell, lease, the United States (20 U.S.C. 43), the vacancy may have 5 legislative days in which to exchange, or otherwise dispose of all or a on the Board of Regents of the Smithsonian revise and extend their remarks and in- portion of the property, then, at the option H 11794 CONGRESSIONAL RECORD — HOUSE November 7, 1995 of the Secretary, the United States shall H.R. 1581 was reported favorably by SECTION 1. SHORT TITLE. have a right of reentry with regard to the the Committee on Resources by voice This Act may be cited as the ‘‘Cleveland property, with title thereto revesting in the vote, and is noncontroversial. This is National Forest Land Exchange Act of 1995’’. United States. very sensible legislation for all inter- SEC. 2. LAND EXCHANGE, CLEVELAND NATIONAL (f) AUTHORIZED SALE OF PROPERTY.—Not- FOREST, CALIFORNIA. withstanding subsections (c) and (e), the Sec- ests, and I urge the Members of the (a) CONVEYANCE BY THE SECRETARY OF AG- retary of Agriculture may authorize the City House to support this measure. RICULTURE.— to dispose of the real property conveyed Mr. Speaker, I reserve the balance of (1) CONVEYANCE.—In exchange for the con- under subsection (a) if the proceeds from my time. veyance described in subsection (b), the Sec- such disposal are at least equal to the fair Mr. RICHARDSON. Mr. Speaker, I retary of Agriculture (hereinafter referred to market value of the property and are paid to yield myself such time as I may as the ‘‘Secretary’’) shall convey to the Or- the United States. The Secretary shall de- consume. ange County Council of the Boy Scouts of America all right, title, and interest of the posit amounts received under this subsection (Mr. RICHARDSON asked and was into the special fund in the Treasury into United States in and to the parcel of land de- which funds are deposited pursuant to the given permission to revise and extend scribed in paragraph (2) located in the Cleve- Act of December 4, 1967 (16 U.S.C. 484a), com- his remarks.) land National Forest. The parcel conveyed monly known as the Sisk Act. The disposal Mr. RICHARDSON. Mr. Speaker, this by the Secretary shall be subject to valid ex- of the conveyed property under this sub- is a good piece of legislation. Basically isting rights and to any easements that the section shall be subject to such terms and what it is is a conveyance from the Secretary considers necessary for public and conditions as the Secretary may prescribe. Secretary of Agriculture to the city of administrative access. (g) ADDITIONAL TERMS AND CONDITIONS.— Sumpter, OR, all right, title and inter- (2) DESCRIPTION OF PARCEL.—The parcel of land referred to in paragraph (1) consists of The Secretary of Agriculture may require est of the United States to a parcel of such additional terms and conditions in con- not more than 60 acres of land in Section 28, nection with the conveyance under sub- land that is approximately 1.43 acres, Township 9 South, Range 4 East, San section (a) as the Secretary considers appro- as described in the bill. The convey- Bernardino Meridian, in the unincorporated priate to protect the interests of the United ance will be subject to the condition territory of San Diego County, California. States. that the city use the conveyed prop- (b) CONVEYANCE BY THE BOY SCOUTS OF AMERICA.— The SPEAKER pro tempore. Pursu- erty for only public purpose, such as a city park, information center, or inter- (1) CONVEYANCE.—In exchange for the con- ant to the rule, the gentleman from Or- veyance described in subsection (a), the Or- egon [Mr. COOLEY] will be recognized pretive area. ange County Council of the Boy Scouts of for 20 minutes, and the gentleman from The United States is relieved of li- America shall convey to the United States New Mexico [Mr. RICHARDSON] will be ability for claims arising from the all right, title, and interest to the parcel of recognized for 20 minutes. presence of hazardous materials on the land described in paragraph (2). The parcel The Chair recognizes the gentleman conveyed property. If the city does not conveyed under this subsection shall be sub- ject to such valid existing rights of record as from Oregon, [Mr. COOLEY]. use the property in accordance with Mr. COOLEY. Mr. Speaker, I yield the conditions of the bill, then the Sec- may be acceptable to the Secretary, and the retary has the option to take posses- title to the parcel shall conform with the myself such time as I may consume. title approval standards applicable to Fed- (Mr. COOLEY asked and was given sion of the property, and, notwith- eral land acquisitions. permission to revise and extend his re- standing any provisions of the bill, the (2) DESCRIPTION OF PARCEL.—The parcel of marks.) Secretary may authorize the city to land referred to in paragraph (1) shall be ap- Mr. COOLEY. Mr. Speaker, I rise in dispose of the property. proximately equal in value to the lands de- support of H.R. 1581, sponsored by my- The Secretary of Agriculture may re- scribed in subsection (a)(2) and shall be at self, which would authorize the trans- quire additional terms and conditions least the Southerly 94 acres of the Westerly 1 fer of the Sumpter Guard Station in as are appropriate to protect the inter- ⁄2 of Section 34, Township 9 South, Range 4 ests of the United States. East, San Bernardino Meridian, in the unin- my district from the U.S. Forest Serv- corporated territory of San Diego County, ice to the city of Sumpter, OR. Mr. COOLEY. Mr. Speaker, I have no California. The Sumpter Guard Station was es- further requests for time, and I yield (c) BOUNDARY ADJUSTMENT.—Upon the tablished in the 1940’s, and the site con- back the balance of my time. completion of the land exchange authorized sists of three very primitive buildings. Mr. RICHARDSON. Mr. Speaker, I under this section, the Secretary shall adjust Two of the buildings, made from rail- have no further requests for time, and the boundaries of the Cleveland National road boxcars, are considered usable if I yield back the balance of my time. Forest to exclude the parcel conveyed by the the electrical wiring is brought up to The SPEAKER pro tempore. The Secretary under subsection (a) and to in- question is on the motion offered by clude the parcel obtained by the Secretary current standards. The third building under subsection (b). For purposes of section is a small outhouse and is not longer the gentleman from Oregon [Mr. 7 of the Land and Water Conservation Fund usable. COOLEY] that the House suspend the Act of 1964 (16 U.S.C. 460l–9), the boundary of The station is located on 1.43 acres of rules and pass the bill, H.R. 1581. the Cleveland National Forest, as modified land in the city of Sumpter, OR, and The question was taken; and (two- by this Act, shall be considered the boundary the site and buildings were rec- thirds having voted in favor thereof) of the forest as of January 1, 1965. ommended for disposal when the real the rules were suspended and the bill (d) INCORPORATION INTO CLEVELAND NA- property utilization survey was com- was passed. TIONAL FOREST.—Upon acceptance of title by A motion to reconsider was laid on the Secretary, the parcel obtained by the pleted in 1988. Disposal of the property Secretary under subsection (b) shall become was contingent upon a thorough inven- the table. part of the Cleveland National Forest and tory of the cultural resource values f shall be subject to all laws applicable to such and an assessment of any hazardous national forest. CLEVELAND NATIONAL FOREST wastes at the site. The SPEAKER pro tempore. Pursu- LAND EXCHANGE ACT OF 1995 The Oregon State Historic Preserva- ant to the rule, the gentleman from Or- tion Officer has concurred that the site Mr. COOLEY. Mr. Speaker, I move to egon [Mr. COOLEY] and the gentleman is not eligible for the National Register suspend the rules and pass the bill from New Mexico [Mr. RICHARDSON] of Historic Places and that transfer of (H.R. 207) to authorize the Secretary of will be recognized for 20 minutes each. ownership would not be an adverse ef- Agriculture to enter into a land ex- The Chair recognizes the gentleman fect. The hazardous materials report change involving the Cleveland Na- from Oregon [Mr. COOLEY]. has been completed; no hazardous ma- tional Forest, California, and to re- Mr. COOLEY. Mr. Speaker, I yield terials remain on the site. quire a boundary adjustment for the myself such time as I may consume. The U.S. Forest Service fully sup- national forest to reflect the land ex- (Mr. COOLEY asked and was given ports the transfer, has no further use of change, and for other purposes, as permission to revise and extend his re- the Sumpter Guard Station, and wishes amended. marks.) to dispose of the property. The city of The Clerk read as follows: Mr. COOLEY. Mr. Speaker, I rise in Sumpter, on the other hand, is eager to H.R. 207 support of H.R. 207, sponsored by Mr. receive the property and utilize it im- Be it enacted by the Senate and House of Rep- COX, which would clear up a problem mediately for public benefit as a park resentatives of the United States of America in between the Boy Scouts and the Cleve- facility. Congress assembled, land National Forest. The Lost Valley November 7, 1995 CONGRESSIONAL RECORD — HOUSE H 11795

Scout Reservation, located in a remote nia [Mr. COX], the author of this legis- pense, to pay for new surveys and place area of northern San Diego County and lation. monuments which will clearly mark bordered by the Cleveland National Mr. COX of California. Mr. Speaker, I the new boundaries. Forest, is the principal summer camp thank my colleagues, the gentleman Mr. Speaker, H.R. 207 is supported by for the 80,000 youth now served annu- from Oregon [Mr. COOLEY] and the gen- the Forest Service, which testified ear- ally by the Orange County Council of tleman from New Mexico [Mr. RICHARD- lier this year that enactment of this the Boy Scouts of America. This 1,400- SON], for the kind words that they have legislation will ‘‘benefit the manage- acre property was acquired by the just spoken in behalf of this bill. ment of the National Forests by solv- council in 1956 through deeds based on Mr. Speaker, it should not take an ing boundary, encroachment issues.’’ an 1880 survey. act of Congress for kids to go to sum- Mr. Speaker, in conclusion, I cannot In 1987, the Forest Service surveyed mer camp, but that really is what this stress enough the special urgency of the shared boundaries, and finding the bill is going to facilitate. For several this legislation. The county of San 1880 surveys to be inaccurate, discov- years, the facilities used by up to 10,000 Diego has denied building permits for ered a number of encroachments on Boy Scouts in the Orange County area needed improvements at Lost Valley Forest Service land. These included have been deteriorating. They have Scout Reservation, pending a master permanent buildings, a year-round resi- been unable to build improvements on land use plan as I have mentioned. dence, an unauthorized road, and bur- their land because a master plan can- That master land use plan depends on ied water and electrical lines. The land not be approved by San Diego County passage of this bill. For all of these is also heavily impacted by Scout use, until this boundary dispute, which as reasons, time is of the essence. as it lies between two camp activity the gentleman states goes back to 1880, Mr. Speaker, I am delighted that the centers. is resolved. leadership of this Congress has made The bill would authorize the ex- Mr. Speaker, like good neighbors, the passage of H.R. 207 a priority and I urge change of the 43 acres of the Cleveland Boy Scouts who discovered this prob- my colleagues on both sides of the aisle National Forest presently encroached lem with their property some 30 years to join with me in supporting a bill upon or heavily impacted by the Lost after acquiring it from the Federal that is good for our national parks, good for the Federal Government, and Valley Scout Reservation for 94 acres Government, worked with the Forest good for the Boy Scouts and good for now owned by the council. Service in good neighborly fashion to H.R. 207 is noncontroversial and was resolve it and they have now done so. about 10,000 campers. Mr. PACKARD. Mr. Speaker, today reported favorably by the House Re- Mr. Speaker, I would like especially we will have the opportunity to bring sources Committee by voice vote. I to take a moment to thank Mike Har- rison, Kent Gibbs, and Craig Reide of an ongoing boundary issue to rest. H.R. commend the sponsor for his work on 207, introduced by my colleague, Con- this measure and urge the Members of the Orange County Council of the Boy gressman COX, is long overdue and re- the House to support this bill. Scouts of America for the extraor- dinary work they have done in getting inforces the Republican-led Congress’ Mr. Speaker, I reserve the balance of commitment to the concerns of ordi- my time. this bill this close to passage. I am also grateful to the gentleman from Utah nary citizens. Mr. RICHARDSON. Mr. Speaker, I As a former Boy Scout myself, I un- [Mr. HANSEN] and other members of the yield myself such time as I may derstand the importance of the Lost Subcommittee on National Parks, For- consume. Valley Scout Reservation to the tens of (Mr. RICHARDSON asked and was ests and Lands. thousands of young people in southern Mr. Speaker, I first introduced this given permission to revise and extend California served by the facility since bill in 1992, along with California Sen- his remarks.) 1954. In 1987, the U.S. Forest Service ator John Seymour. It has taken us a conducted a border survey and found b 1500 great deal of hard work and effort to that a small portion of land in use by Mr. RICHARDSON. Mr. Speaker, we get to this point. Instrumental in our the Boy Scouts was actually on Fed- will be supporting this bill. This is a success was the work of my colleague, eral land. Since that time, the camp good piece of legislation. I think, as the gentleman from southern Califor- has been denied permits by the county the gentleman from Oregon [Mr. nia [Mr. CALVERT], who also authored of San Diego to make necessary repairs COOLEY] explained, the Lost Valley this legislation with me, and who has to the facility until the property rights Scout Reservation in California was worked tirelessly to make certain that issue was resolved. built according to an 1880 survey. In Members of this body recognize the This no-nonsense legislation simply 1987, a survey conducted by the Forest special urgency of this legislation. exchanges land between the Forest Service found that the Boy Scouts had While the gentleman from California Service and the Boy Scouts. As simple encroached onto Cleveland National [Mr. CALVERT] wanted to be here to as that may sound, it has taken a con- Forest in several locations. These loca- mark the passage of this legislation, he siderable amount of time for the bill to tions include a year-round residence, has been unavoidably detained off the be considered. It was first introduced an unauthorized road, and buried elec- Hill. in 1992, but no action was taken by the trical and water lines. Mr. Speaker, H.R. 207 may not be the Democrat-controlled Congress. It was Further, the land has been heavily most significant piece of legislation again introduced in the 103d Congress, impacted from Boy Scout use. This bill that this Congress considers, but it will but efforts were stalled by the Clinton would authorize the Secretary of Agri- have an immediate, tangible, and last- administration’s refusal to issue an of- culture to exchange the encroached ing positive impact on the lives of the ficial Forest Service opinion. land to the Boy Scouts for land owned thousands of Boy Scouts who spend I applaud Congressman COX for his by the Scouts elsewhere in Orange their summers at the Lost Valley tenacity and commitment to our young County. Scout Reservation. people. I urge all of my colleagues to Mr. Speaker, I support this transfer H.R. 207 is the legislative route to put aside petty politics and support the which will allow the Orange County implement the agreement that has Cleveland National Forest land ex- Council of Boy Scouts of America to been reached by the Boy Scouts and change. use this land unencumbered for years the Federal Government. Under the Mr. CALVERT. Mr. Speaker, I strongly sup- to come. bill, up to 60 acres of the Cleveland Na- port H.R. 207 as introduced by my esteemed Mr. Speaker, I am always pleased to tional Forest presently encroached colleague from California [Mr. COX]. This is a pass good legislation that benefits the upon or heavily impacted by the Lost matter of importance to my district and with gentleman from California [Mr. COX], Valley Scout Reservation will be ex- that in mind I ask for passage of this bill. the Boy Scouts, and does away with changed for 94 acres now owned by the Time is of the essence in this case. The unneeded bureaucracy. Boy Scouts. The 94 acres of land do county of San Diego has decided to disallow Mr. Speaker, I reserve the balance of border the existing national forest and all building permits on the Lost Valley Scout my time. will expand the size of the Cleveland Reservation until a master land plan is ap- Mr. COOLEY. Mr. Speaker, I yield 10 National Forest. Additionally, the Boy proved. This approval cannot come until this minutes to the gentleman from Califor- Scouts have agreed, at their own ex- boundary dispute is resolved. H 11796 CONGRESSIONAL RECORD — HOUSE November 7, 1995 Lost Valley needs building permits now. The roaming horses from Federal lands within to the Federal Government. The door scout population at Lost Valley has increased the boundary of the Ozark National Scenic was slammed in their face. In fact, the 150 percent in just the past 3 years. As a re- Riverways unless the entity with whom the National Park Service testified before Secretary entered into the agreement under our subcommittee that the only way to sult, repairs, and capital improvements must subsection (a), following notice and a 180-day quickly commence. The Reservation is in dire response period, substantially fails to meet prevent future removal of the horses need of 18 new staff cabins and a new the terms and conditions of the agreement or was to enact this legislation. dinning hall. In fact, the local health depart- in the case of an emergency as defined in the I know that the gentleman from Mis- ment has only allowed the existing dining agreement. souri [Mr. EMERSON] has worked long hall's continued operation with the understand- ‘‘(c) Nothing in this section shall be con- and hard on this issue, an am witness ing that it will be replaced in the near future. strued as creating additional liability for the to his extensive efforts to resolve this This bill is a fair settlement to end this United States for any damages caused by the administratively. While such a solution boundary dispute and I urge its passage. free-roaming horses to property located in- may have been preferable, it is appar- Mr. RICHARDSON. Mr. Speaker, as I side or outside the boundaries of the Ozark National Scenic Riverways.’’. ently not possible. Therefore, I com- stated, I strongly support this legisla- mend this bill to my colleagues, urge tion, and I yield back the balance of The SPEAKER pro tempore. Pursu- they support it, and recommend its my time. ant to the rule, the gentleman from Or- passage. Mr. COOLEY. Mr. Speaker, I want to egon [Mr. COOLEY] will be recognized Mr. Speaker, I reserve the balance of thank the gentleman from California for 20 minutes, and the gentleman from my time. [Mr. COX] for introducing this legisla- New Mexico [Mr. RICHARDSON] will be Mr. RICHARDSON. Mr. Speaker, I tion. I think it is a very worthy cause, recognized for 20 minutes. yield myself such time as I may and I urge my colleagues also to sup- The Chair recognizes the gentleman consume. port this. from Oregon [Mr. COOLEY]. Mr. Speaker, for decades now locals Mr. Speaker, I have no additional re- (Mr. COOLEY asked and was given and visitors to the Ozark National Sce- quests for time, and I yield back the permission to revise and extend his re- nic Riverways have come to enjoy the balance of my time. marks.) sight of the free-roaming horses which The SPEAKER pro tempore (Mr. Mr. COOLEY. Mr. Speaker, I yield inhabit the area. When the National SHAYS). The question is on the motion myself such time as I may consume. Park Service recommended removal of offered by the gentleman from Oregon Mr. Speaker, I rise in support of H.R. the horses in order to protect the [Mr. COOLEY] that the House suspend 238, legislation which would direct the riverways area, a fierce debate broke the rules and pass the bill, H.R. 207, as Secretary of the Interior to permit out. amended. free-roaming horses to continue to in- Mr. Speaker, I would like to see the The question was taken; and (two- habit Ozark National Scenic Riverway. National Park Service and the local thirds having voted in favor thereof) Free-roaming horses have existed in community work together to allow a the rules were suspended and the bill, the vicinity of Ozark National Scenic small number of horses the freedom to as amended, was passed. Riverway for at least 50 years. For roam the area unencumbered. The bill A motion to reconsider was laid on nearly 25 years after the park was es- before us will allow for the Wild Horse the table. tablished in 1964, the National Park League of Missouri, or a similar group, f Service coexisted in apparent harmony to manage and care for the feral horses with the small number of horses which in the area. The Wild Horse League, or PROTECTION OF WILD HORSES IN roam on lands both inside and outside similar groups, will also be responsible THE OZARK NATIONAL SCENIC the park boundary. Then suddenly, in for any damage caused by the horses. RIVERWAYS about 1990, the National Park Service Further, the bill directs the National Mr. COOLEY. Mr. Speaker, I move to decided that the horses would have to Park Service to provide grazing land suspend the rules and pass the bill be completely removed. for the horses. (H.R. 238) to provide for the protection The only reason cited by the Na- Mr. Speaker, I want to commend the of wild horses within the Ozark Na- tional Park Service to justify removal author of this bill, the gentleman from tional Scenic Riverways and prohibit of the horses is that agency policy calls Missouri [Mr. EMERSON] and I see that the removal of such horses, as amend- for removal of non-native plants and the gentleman from Missouri [Mr. ed. animals. However, the agency policy SKELTON] is here and will be speaking The Clerk read as follows: also calls for the National Park Serv- on the bill. Both gentlemen are out- H.R. 238 ice to conduct research to determine standing Members of this body. The Be it enacted by the Senate and House of Rep- the effects of non-native animals on gentleman from Missouri [Mr. EMER- resentatives of the United States of America in the park prior to initiating any such SON] has had wide interest in this issue. Congress assembled, removal. The National Park Service We are going to make sure that this SECTION 1. FREE-ROAMING HORSES. has never conducted the required re- bill passes. We hold the gentleman in Section 7 of the Act entitled ‘‘An Act to search, and has been unable to supply extremely high regard. We wish the provide for the establishment of the Ozark the committee with any scientific evi- gentleman a very, very speedy recov- National Scenic Riverways in the State of dence documenting the impacts of ery. We see the gentleman here. Missouri, and for other purposes’’, approved these horses on park resources. Fur- August 27, 1964 (16 U.S.C. 460m–6), is amended Mr. Speaker, I reserve the balance of to read as follows: ther, while the Park Service claims my time. ‘‘SEC. 7. (a) The Secretary, in accordance that the removal action is required Mr. COOLEY. Mr. Speaker, I yield 10 with this section, shall allow free-roaming under their policy, there are at least minutes to the gentleman from Mis- horses in the Ozark National Scenic six areas in the park system where the souri [Mr. EMERSON], the author of this Riverways. Within 180 days after enactment National Park Service permits free bill. of this section, the Secretary shall enter into roaming horses to exist, with no at- (Mr. EMERSON asked and was given an agreement with the Missouri Wild Horse tempts to remove them. In other permission to revise and extend his re- League or another qualified nonprofit entity to provide for management of free-roaming words, it appears that the national marks.) horses. The agreement shall provide for cost- policies of this agency are applied on Mr. EMERSON. Mr. Speaker, I cer- effective management of the horses and an arbitrary and selective basis by the tainly want to thank the manager of limit Federal expenditures to the costs of field managers. the bill, the gentleman from Oregon monitoring the agreement. The Secretary When the National Park Service at- [Mr. COOLEY], and the gentleman from shall issue permits for adequate pastures to tempted to remove these animals, they New Mexico [Mr. RICHARDSON] for their accommodate the historic population level encountered massive public opposition diligent work in bringing this bill be- of the free-roaming horse herd, which shall from all corners within the State of fore us today. I also thank the gen- be not less than the number of horses in ex- istence on the date of enactment of this sec- Missouri. That opposition was ignored. tleman from Utah [Mr. HANSEN], chair- tion nor more than 50. Volunteer groups appeared at the door- man of the Subcommittee on National ‘‘(b) The Secretary may not remove, or as- step of the National Park Service and Parks, Forests and Lands, and the gen- sist in or permit the removal of, any free- offered to manage the horses at no cost tleman from Alaska [Mr. YOUNG], November 7, 1995 CONGRESSIONAL RECORD — HOUSE H 11797 chairman of the full Committee on Re- essary by the Interior Department bu- they say, the only way they are going sources, for moving this bill through reaucracy. Since 1990, park officials to stay, to our friend, the gentleman the legislative process. have been so adamant about removing from southeast Missouri [Mr. EMER- Mr. Speaker, the Ozark Wild Horses the Ozark’s wild horses and, I might SON], is to get legislation passed. Protection Act of 1995 is of high impor- add, changing their rationale every To his credit, he is doing it. I cer- tance to the folks in my congressional time as to why they want to, that they tainly hope we will pass it here in the district in southern Missouri, and to have spent countless taxpayers’ dollars House unanimously. I certainly hope the folks in the district of my neighbor to take the issue up the court of ap- that the U.S. Senate will follow suit. and colleague, the gentleman from peals ladder. There is such a thing as tradition in this country. There is such a thing as Missouri [Mr. SKELTON], who rep- b resents the neighboring district. Mr. 1515 seeing things as they were in yester- Speaker, I am just delighted to have Additionally, this entire time an un- year in this country. We want tourists the gentleman, and our other Ozark wieldy bureaucracy was fighting an to come to Missouri. We want tourists colleague, the gentleman from Mis- amenable, rational, no cost solution to come to this country. We want them souri [Mr. HANCOCK], as cosponsors of strongly and vocally urged by the Mis- to see what happens, what has been this legislation. We can say we have all souri Wild Horse League and the public around, what makes Americans Ameri- of the Missouri Ozarkian Congressmen at large—that rationale being simply cans and Missouri Missouri. And the behind this particular measure. leave the horses alone. people understand that who live in our The Ozark Wild Horses Protection In fact, on one, including myself, nec- State. Act has been around a while, but it essarily wanted to pursue legislative The Missouri Wild Horse League is should be noted that it is a very action; however, we were forced to seek going to work with the National Park straightforward measure. It combines this route. In a three-page letter dated Service under this bill, no expense to common sense and the will of the peo- September 28, 1994, the Park Service the Federal Government. Shame on the ple to answer what has turned into a stated that ‘‘any amendatory or cor- bureaucracy and the National Park very, very complex problem. rective legislation would have to be Service. Let us get this done. And hoo- Mr. Speaker, in order to fully explain initiated by the U.S. Congress’’ to keep ray and congratulations to our friend, why my legislation is necessary, I want them from rounding up the horses. BILL EMERSON, from the State of Mis- to give a little brief history about the Thus, representing the folks of south- souri. wild horses that freely roam the Ozark ern Missouri together with the gentle- Mr. RICHARDSON. Mr. Speaker, I yield myself such time as I may scenic riverways. There are about 25 to men from Missouri, Mr. SKELTON and consume. 30 animals in the herd which have been Mr. HANCOCK, I had no other choice but Again, I urge passage of this bill. I around for 60 years or more, if not to proceed with this legislation to want to commend the gentleman from longer. Some new horses have been amend the Ozark National Scenic Missouri [Mr. EMERSON] for excellent born into the herd while others have Riverways Act. work and the eloquence of these two died off. In this time, however, the ani- In closing, let me say that the horses gentlemen from Missouri is nonpareil. mals have never become overpopulated are a strong part of the regional lore, I would like to simply add, let the nor a physical nuisance to the lands or scenic beauty, and culture in southern horses go wild and free. Missouri. They also serve as a mean- waters in which they roam. In fact, the Mr. Speaker, for decades now locals and ingful attraction for vacationing visi- folks of southern Missouri, the people visitors to the Ozark National Scenic tors who come to our area to fish, who live there and own the land there, Riverways have come to enjoy the sight of the hunt, canoe, raft, or simply take in the want the horses to stay for future gen- free-roaming horses which inhabit the area. great outdoors. The Ozark Wild Horses erations to enjoy. They, as I, want this When the National Park Service rec- Protection Act will hopefully provide legislation to become law in order to ommended removal of the horses in order to justice—once and for all—for the protect the wild horses from being protect the riverways area, a fierce debate horses and the people who have stood rounded up and carted away. broke out. Mr. Speaker, all told, the wild horses beside them throughout these legal and I would like to see the NPS and local com- have become a symbol of American bureaucratic hurdles. munity work together to allow a small number I urge strong passage of the Ozark freedom and certainly a case in point of horses the freedom to roam the area Wild Horses Protection Act today, so of the little guy versus government bu- unencumbered. The bill before us will allow for that the measure can be pursued in reaucracy. It is very clear that the the Wild Horse League of Missouri or a similar Congress’ other body. I have been horses should be allowed to freely roam group to manage and care for the feral horses working with our two Senators, Sen- the scenic riverways, but due to an ar- in the area. By taking on the management of ator BOND and Senator ASHCROFT, and bitrary decision by a local park super- these horses, the Wild Horse League or simi- they are ready to proceed with similar intendent some time ago, the National lar group will also be responsible for any dam- legislation in their Chamber following Park Service and the Interior Depart- age caused by the horses. Further, the bill di- successful action today in the House. ment, the issue now demands and de- rects the National Park Service to provide We must invoke the will of people unto serves congressional resolution. grazing land for the horses. Remember, one of the goals of the the bureaucracy and not the other way I support passage of this bill. 104th Congress is to return power to around. As one of the slogans about the Mr. Speaker, I yield back the balance the people, government to the gov- horses back home goes: ‘‘Wild and of my time. erned, and by passing the Ozark Wild Free—Let ’em Be.’’ Mr. COOLEY. Mr. Speaker, I, too, Horses Protection Act we will be doing Mr. RICHARDSON. Mr. Speaker, I wanted to commend the gentlemen just that. yield 4 minutes to the distinguished from Missouri, both of them on both Members should know that there is gentleman from Missouri [Mr. SKEL- sides of the aisle for putting forth, es- precedence for allowing horses to re- TON]. pecially Mr. EMERSON, this legislation. main in a National Park. In the 1980’s, Mr. SKELTON. Mr. Speaker, I thank I think it is good legislation, and I urge a similar case occurred in the Roo- the gentleman from New Mexico for my colleagues to support it unani- sevelt National Park in North Dakota yielding time to me. mously as well. where the NPS wanted to proceed with First, let me commend my friend, my Mr. Speaker, I yield back the balance removal, but the local folks wanted colleague, the gentleman from south- of my time. them to stay because of their image of east Missouri [Mr. EMERSON], for this The SPEAKER pro tempore (Mr. the ‘‘roughrider spirit.’’ In the final piece of legislation. But let me tell SHAYS). The question is on the motion analysis, the Park Service relented and Members, it is a shame. It is a shame, offered by the gentleman from Oregon allowed them to remain, because NPS Mr. Speaker, that this has to be done. [Mr. COOLEY] that the House suspend determined that the wild horses are The National Park Service, using good the rules and pass the bill, H.R. 238, as scenic, historic, and cultural. judgment, in its bureaucracy should amended. Unfortunately, in our case, congres- have let the horses stay where they The question was taken; and (two- sional action has been deemed nec- have been for some 60 years. And now thirds having voted in favor thereof) H 11798 CONGRESSIONAL RECORD — HOUSE November 7, 1995 the rules were suspended and the bill, approximately 2 acres owned by the a parking lot. The Fire Island National as amended, was passed. village of Patchogue, NY. Seashore is in need of a facility, a A motion to reconsider was laid on The village of Patchogue intends paved facility, where they can admin- the table. that the riverfront area be lightly de- ister their vehicles and have a storage f veloped with retail shops and res- area and for other activity such as taurants. Currently, the Patchogue overflow parking, storage, et cetera, LAND EXCHANGE AT FIRE ISLAND land consists of a large paved area and and a parcel of land, that they do not NATIONAL SEASHORE a few buildings. Fire Island needs the want to be dependent upon a water- Mr. COOLEY. Mr. Speaker, I move to property for overflow parking, vehicle front location. suspend the rules and pass the bill maintenance, and perhaps some office Likewise, the village of Patchogue (H.R. 1163) to authorize the exchange of space. would like riverfront parcels for the National Park Service land in the Fire I urge the Members of the House to purposes of providing for economic de- Island National Seashore in the State support this measure that was favor- velopment. Patchogue has fallen on of New York for land in the village of ably reported by the House Resources difficult times in recent years, and Patchogue, Suffolk County, NY, as Committee by unanimous voice vote working hand in hand with the mayor amended. and commend its sponsor for his hard of Patchogue, Franklyn S. ‘‘Whitey’’ The Clerk read as follows: work. Lewendowsky, and the village board, H.R. 1163 Mr. Speaker, I reserve the balance of they are working tirelessly to look for Be it enacted by the Senate and House of Rep- my time. ways for economic development in the resentatives of the United States of America in Mr. RICHARDSON. Mr. Speaker, I village of Patchogue. The village of Congress assembled, yield myself such time as I may Patchogue, being affectionately re- SECTION 1. AUTHORIZATION OF EXCHANGE. consume. ferred to as the downtown area of The Secretary of the Interior may ex- (Mr. RICHARDSON asked and was Brookhaven town. change all right, title, and interest of the given permission to revise and extend Patchogue is hoping that this respon- United States in and to certain National his remarks.) sible economic redevelopment with the Park Service lands in the Fire Island Na- Mr. RICHARDSON. Mr. Speaker, this use of capital and job creation will help tional Seashore in the State of New York, bill would authorize the exchange of put a shot in the arm for Patchogue described in section 2, for all right, title, and land located in Fire Island National and help to revitalize this critical area interest of the Village of Patchogue, Suffolk Seashore for land owned by the village County, New York, in and to certain lands in in my district. of Patchogue, NY. This is a good bill. It the Village of Patchogue, described in sec- The exchange is supported by all tion 2, without further consideration. is a good exchange between the local and Federal governments with respect sides. This is certainly a wonderful ex- SEC. 2. DESCRIPTION OF LANDS TO BE EX- ample of where local and Federal Gov- CHANGED. to the area. ernment can work hand in hand for the (a) NATIONAL PARK LANDS.—The National It is a good tradeoff for both sides. It Park Service lands in the Fire Island Na- is expected that Fire Island National benefit of all the people. The Park tional Seashore, in the State of New York, Seashore would use the acquired land Service has several compliance meas- referred to in section 1 are the lands gen- to address the needs for overflow park- ures that they need to deal with before erally depicted on the map entitled ‘‘Fire Is- ing, vehicle maintenance, and office the actual exchange can take place, land National Seashore Land Exchange— but if we authorize it today, everything Proposed’’, dated October 1994. space, while the village of Patchogue would use its acquired land for com- will be in order when the Park Service (b) VILLAGE OF PATCHOGUE LANDS.—The completes those vital steps. lands in the Village of Patchogue, Suffolk mercial development, including retail County, New York, referred to in section 1 shops and restaurants. As I said, this I ask for unanimous consent to pass are the lands generally depicted on the map bill will satisfy the needs of both the this important piece of legislation. entitled ‘‘Village of Patchogue Land Ex- local and the Federal governments Again, I thank my colleagues for change—Proposed’’, dated October 1994. with respect to the area, and I urge my their assistance in making possible the (c) MAPS.—The maps referred to in sub- passage of this measure. sections (a) and (b) shall be on file and avail- colleagues to support it. able for inspection in the Office of the Direc- Mr. Speaker, I reserve the balance of Mr. RICHARDSON. Mr. Speaker, I tor of the National Park Service. my time. urge passage of this bill. SEC. 3. LANDS ACQUIRED BY SECRETARY. Mr. COOLEY. Mr. Speaker, I yield 5 I would like this body to note the The lands in the Village of Patchogue that minutes to the gentleman from New outstanding bipartisanship, especially are acquired by the Secretary of the Interior York [Mr. FORBES]. exhibited by the minority, in the pas- under section 1 shall be added to and admin- (Mr. FORBES asked and was given sage of all of these majority Repub- istered as part of the Fire Island National permission to revise and extend his re- lican bills that are going through and Seashore. marks.) the equanimity and the collegiality in The SPEAKER pro tempore. Pursu- Mr. FORBES. Mr. Speaker, I want to making these bills a reality. ant to the rule, the gentleman from Or- thank my colleagues on the Committee Mr. Speaker, I Yield back the balance egon [Mr. COOLEY] and the gentleman on Resources for their expeditious han- of my time. from New Mexico [Mr. RICHARDSON] dling of this vital piece of legislation. Mr. COOLEY. Mr. Speaker, I want to each will be recognized for 20 minutes. H.R. 1163 would authorize an ex- thank the gentleman from New Mexico The Chair recognizes the gentleman change of two small parcels in the dis- for his benevolence. I do appreciate from Oregon [Mr. COOLEY]. trict I am privileged to represent on that very much. I also want to thank (Mr. COOLEY asked and was given eastern Long Island. It would be basi- the gentleman from New York [Mr. permission to revise and extend his re- cally an even exchange involving no FORBES] for this legislation. marks.) money. Mr. COOLEY. Mr. Speaker, I yield Mr. Speaker, the Fire Island National Mr. Speaker, I yield back the balance myself such time as I may consume. Seashore, which is one of the pristine of my time. Mr. Speaker, I rise in support of H.R. parks on Long Island, and the village The SPEAKER pro tempore. The 1163, sponsored by Mr. FORBES, which of Patchogue have worked hand in question is on the motion offered by would authorize the exchange of Na- hand to bring about this exchange of the gentleman from Oregon [Mr. tional Park Service land in the Fire Is- land. The first parcel is about 11⁄2 acres. COOLEY] that the House suspend the land National Seashore in the State of It is undeveloped property along the rules and pass the bill, H.R. 1163, as New York for land in the village of Patchogue River with literally about 20 amended. Patchogue, Suffolk County, NY. percent of the parcel under water. And The question was taken; and (two- H.R. 1163, introduced by Mr. FORBES it currently is part of the Fire Island thirds having voted in favor thereof) authorizes the Secretary of the Inte- National Seashore. the rules were suspended and the bill, rior to exchange approximately 8 acres The second parcel is 1.1 acres and it as amended, was passed. of riverfront property currently within is a paved area currently owned by the A motion to reconsider was laid on the Fire Island National Seashore for village of Patchogue and being used as the table. November 7, 1995 CONGRESSIONAL RECORD — HOUSE H 11799 MODOC NATIONAL FOREST Trustee [BankCal], and the Forest land exchange between the Modoc Na- BOUNDARY ADJUSTMENT ACT Service to consolidate their respective tional Forest and the Bank of Califor- Mr. COOLEY. Mr. Speaker, I move holdings in parts of the Lassen, Modoc, nia. This legislation enjoys strong sup- that the House suspend the rules and and Plumas National Forests. Because port from the Forest Service and local pass the bill (H.R. 1585) to expand the certain private lands subject to the ex- communities in the Lassen and Modoc boundary of the Modoc National Forest change were outside but contiguous to Counties of northern California. to include lands presently owned by the boundary of the Modoc National The land exchange was commenced the Bank of California, N.A. Trustee, Forest, the exchange was structured in by the Bank of California and the For- to facilitate a land exchange with the two phases. est Service to consolidate their respec- Forest Service, and for other purposes. The first phase was completed in tive holdings in parts of the Lassen, The Clerk read as follows: June 1993. In phase 1 of the transaction, Modoc, and Plumas National Forests. H.R. 1585 11,044 acres of private land were ex- Because the transaction would require Be it enacted by the Senate and House of Rep- changed for 3,757 acres of Forest Serv- a boundary change in the Modoc Na- resentatives of the United States of America in ice land. Phase 2 of the transaction, tional Forest, the exchange was struc- Congress assembled, which is the subject of this legislation, tured in two phases. The first phase SECTION 1. SHORT TITLE. would transfer approximately 11,804 was completed in June 1993. This legis- This Act may be cited as the ‘‘Modoc Na- acres of private land to the Forest lation will help complete phase 2 of the tional Forest Boundary Adjustment Act’’. Service and approximately 4,240 acres transaction. The land that will be SEC. 2. FINDINGS. of Forest Service land to private own- added to the Modoc National Forest is The Congress finds the following: ership. currently used for grazing and tree pro- (1) Certain private lands presently owned by the Bank of California, N.A. Trustee, are The remaining 760 acres of private duction, both of which are consistent adjacent to the Modoc National Forest and land is located outside, but contiguous with the current land management are logical extensions of the forest. to, the proclamation boundary of the plan. (2) A boundary adjustment will facilitate a Modoc National Forest. The proposed Mr. Speaker, this exchange will not land exchange which involves approximately boundary adjustment will provide for adversely affect any existing property 4,240 acres of National Forest land and 11,804 these lands to be acquired by the For- or land use rights, and will complete a acres of private land, of which only 760 acres est Service. reasonable and fair transaction. By are outside the present Modoc National For- H.R. 1585 was favorably reported by est boundary. consolidating Federal landholdings, it (3) Bank of California, N.A. Trustee, and the Committee on Resources by unani- will reduce land management costs, in- the Forest Service are prepared to exchange mous voice vote. I commend the work crease fishery habitat, and provide ad- these lands under existing authority of the of my friend, Mr. HERGER, on this ditional recreational opportunities Secretary of Agriculture which will benefit measure and urge the Members of the within the Modoc National Forest. both the private landowners and the United House to support this bill. Mr. Speaker, I give this bill my full States by consolidating their respective endorsement, and strongly urge my b 1530 landownership patterns, providing reduced colleagues to vote in favor of final pas- costs for each party in implementing their Mr. Speaker, I reserve the balance of land management objectives, providing in- sage. creased recreation opportunities and fishery my time. Mr. RICHARDSON. Mr. Speaker, I habitat for the American public, and provid- Mr. RICHARDSON. Mr. Speaker, I have no further requests for time, and ing commercial timber lands to the private yield myself such time as I may I yield back the balance of my time. landowners. consume. Mr. COOLEY. Mr. Speaker, I have no SEC. 3. BOUNDARY ADJUSTMENT. (Mr. RICHARDSON asked and was further requests for time, and I yield (a) IN GENERAL.—The boundary of the given permission to revise and extend back the balance of my time. Modoc National Forest is hereby modified to his remarks.) The SPEAKER pro tempore (Mr. include and encompass 760 acres, more or Mr. RICHARDSON. Mr. Speaker, this SHAYS). The question is on the motion less, on the following described lands: Mount authorization will authorize the final offered by the gentleman from Oregon Diablo Meridian, Lassen County, California, phase of a two-step process to consoli- [Mr. COOLEY] that the House suspend T. 38 N., R. 10 E., sec. 5, SE1⁄4NW1⁄4, E1⁄2SW1⁄4; date lands in parts of the Lassen, sec. 8, E1⁄2NE1⁄4, NE1⁄4NW1⁄4, NE1⁄4SE1⁄4, sec, 16, the rules and pass the bill, H.R. 1585. W1⁄2; sec, 25, Lots 13, 14 and 15 (S1⁄2SW1⁄4, Modoc, and Plumas National Forests. The question was taken; and (two- SW1⁄4SE1⁄4); T. 37 N., R. 11 E., Sec. 20, It will facilitate the transfer of ap- thirds having voted in favor thereof) NW1⁄4SE1⁄4. proximately 11,804 acres of private land the rules were suspended and the bill (b) RULE FOR LAND AND WATER CONSERVA- to the Forest Service in exchange for was passed. TION FUND.—For the purposes of section 7 of the 4,240 acres of Forest Service land to A motion to reconsider was laid on the Land and Water Conservation Fund Act be transferred to private ownership. of 1965 (16 U.S.C. 460l–9), the boundary of the the table. Modoc National Forest, as modified by this This bill has been worked out with all f Act, shall be considered to be the boundary interested parties and is supported by of that National Forest as of January 1, 1965. the administration. EXCHANGE OF LANDS WITH THE The SPEAKER pro tempore. Pursu- It is a good bill, introduced by the WATER CONSERVANCY DISTRICT ant to the rule, the gentleman from Or- gentleman from California [Mr. OF WASHINGTON COUNTY, UT egon [Mr. COOLEY] and the gentleman HERGER], who has worked very hard on Mr. COOLEY. Mr. Speaker, I move to from New Mexico [Mr. RICHARDSON] this issue. We welcome passing this suspend the rules and pass the bill each will be recognized for 20 minutes. legislation. (H.R. 1838) to provide for an exchange The Chair recognizes the gentleman Mr. Speaker, I reserve the balance of of lands with the Water Conservancy from Oregon [Mr. COOLEY]. my time. District of Washington County, UT. (Mr. COOLEY asked and was given Mr. COOLEY. Mr. Speaker, I yield 5 The Clerk read as follows: permission to revise and extend his re- minutes to the gentleman from Califor- H.R. 1838 nia [Mr. HERGER], the sponsor of this marks.) Be it enacted by the Senate and House of Rep- Mr. COOLEY. Mr. Speaker, I yield bill. resentatives of the United States of America in myself such time as I may consume. Mr. HERGER. Mr. Speaker, I thank Congress assembled, Mr. Speaker, I rise in support of H.R. the gentleman for yielding time to me. SECTION 1. EXCHANGE OF LANDS WITH THE 1585, sponsored by Mr. HERGER, which Mr. Speaker, I rise in support of H.R. WATER CONSERVANCY DISTRICT OF would expand the boundary of the 1585. I would like to thank the gen- WASHINGTON COUNTY, UTAH. Modoc National Forest to include lands tleman from Utah [Mr. HANSEN] and (a) IN GENERAL.—Subject to the provisions presently owned by the Bank of Cali- the gentleman from Oregon [Mr. of this Act, if within 18 months after the date of the enactment of this Act, the Water COOLEY] for their strong support, and fornia, N.A., Trustee, and to facilitate Conservancy District of Washington County, a land exchange with the Forest Serv- also the gentleman from New Mexico Utah, offers to transfer to the United States ice. [Mr. RICHARDSON] on the minority side. all right, title, and interest of the District in The Ash Creek Exchange was entered Mr. Speaker, this is a noncontrover- and to the Bulloch Site, the Secretary of the into by the Bank of California, N.A., sial bill that completes an equal value Interior shall, in exchange, transfer to the H 11800 CONGRESSIONAL RECORD — HOUSE November 7, 1995 District all right, title, and interest of the QUAIL CREEK RESERVOIR—Continued United States in and to the Sand Hollow Site, the Quail Creek Pipeline and Quail BULLOCH SITE Creek Reservoir, subject to valid existing Section Acres rights. Section (b) WATER RIGHTS ASSOCIATED WITH THE Acres Total 198.04 BULLOCH SITE.—The water rights associated 35 E1⁄2 E1⁄2 NW1⁄4 40.00 with the Bulloch Site shall not be included T 39 S R 9 W 32 S1⁄2 320 35 SW1⁄4 NE1⁄4 40.00 in the transfer under subsection (a) but shall (Private) 35 W1⁄2 SE1⁄4 NE1⁄4 20.00 be subject to an agreement between the Dis- 33 SW1⁄4, S1⁄2 SW1⁄4 NW1⁄4 180 35 NE1⁄4 SE1⁄4 NE1⁄4 10.00 trict and the Secretary that the water re- 35 N1⁄2 NW1⁄4 SE1⁄4 20.00 main in the Virgin River as an instream flow Total 500 35 NW1⁄4 NE1⁄4 SE1⁄4 10.00 from the Bulloch Site to the diversion point 35 N1⁄2 SE1⁄4 NW1⁄4 SE1⁄4 5.00 of the District at the Quail Creek Reservoir. T 40 S R 9 W 5 S1⁄2, SW1⁄4 NE1⁄4, NE1⁄4 400 (State) NE1⁄4 (c) WITHDRAWAL OF MINERAL INTERESTS.— Total 145.00 Subject to valid existing rights, the mineral 6 S1⁄2, NE1⁄4 480 interests underlying the Sand Hollow Site, Grand Total 480.05 the Quail Creek Reservoir, and the Quail Total 880 Creek Pipeline are hereby withdrawn from (7) SMITH SITE.—The term ‘‘Smith Site’’ disposition under the public land laws and GRAND TOTAL 1,380 means the lands located in Washington County, Utah, adjacent to Zion National from location, entry, and patent under the (4) SAND HOLLOW SITE.—The term ‘‘Sand Park and more particularly described as fol- mining laws of the United States, from the Hollow Site’’ means the lands located in lows: operation of the mineral leasing laws of the Washington County, Utah, more particularly United States, from the operation of the described as follows: Geothermal Steam Act of 1970, and from the operation of the Act of July 31, 1947, com- SMITH PROPERTY monly known as the ‘‘Materials Act of 1947’’ SAND HOLLOW RESERVOIR SITE (30 U.S.C. 601 et seq.). Section (d) GRAZING.—The exchange of lands under subsection (a) shall be subject to agreement Section Acres T 40 S R 11 W 5 Lots 3, 4, 5, 6, 7, 8, 9, 10, & by the District to continue to permit the 11 E1⁄2 SW1⁄4, SE1⁄4 NW1⁄4 1 1 grazing of domestic livestock on the Sand T 42 S R 14 W 13 SW1⁄4 160 6 Lot 1, S ⁄2, NE ⁄4 and begin- Hollow Site under the terms and conditions 23 E1⁄2, E1⁄2 W1⁄2 480 ning at a point 2 rods west of existing Federal grazing leases or permits, 24 All 640 of the northeast corner of except that the District, upon terminating 26 NE1⁄4, E1⁄2 NW1⁄4, N1⁄2 320 the northeast quarter of the any such lease or permit, shall fully com- SE1⁄2 southeast quarter; thence pensate the holder of the terminated lease or 25 All 640 east 2 rods; thence south 80 permit. T 42 S R 13 W 19 W1⁄2, SW1⁄4 SE1⁄4 360 rods; thence west 16 rods; SEC. 2. EQUALIZATION OF VALUES. 30 W1⁄2, W1⁄2 NE1⁄4 400 thence in a northeasterly di- The value of the lands transferred out of rection to the point of be- Federal ownership under section 1 either GRAND TOTAL 3,000 ginning 8 E1⁄2 NW1⁄4, E1⁄2 SW1⁄4 and lots shall be equal to the value of the lands re- (5) QUAIL CREEK PIPELINE.—The term ceived by the Secretary under section 1 or, if 1 & 2 excepting the south ‘‘Quail Creek Pipeline’’ means the lands lo- 1 1 not, shall be equalized by— 1200 feet of the SE ⁄4 SW ⁄4 cated in Washington County, Utah, more 1 1 1 1 1 (1) to the extent possible, transfer of all T 39 S R 11 W 30 W ⁄2 NE ⁄4, W ⁄2 SE ⁄4, SE ⁄4 particularly described as follows: 1 1 1 1 1 right, title, and interest of the District in SW ⁄4, W ⁄2 SE ⁄4 NE ⁄4, W ⁄2 1 1 and to lands in Washington County, Utah, E ⁄2 SE ⁄4 1 1 1 and water rights of the District associated 31 E ⁄2, E ⁄2 SW ⁄4 and lots 3 & 4 QUAIL CREEK PIPELINE 1 thereto, which are within the area providing 32 SW ⁄4 habitat for the desert tortoise, as determined Containing 1,550 acres more or by the Director of the Bureau of Land Man- Section Acres less agement; 1 1 The SPEAKER pro tempore. Pursu- (2) transfer of all right, title, and interest T 41 S R 12 W 30 NW ⁄4 NW ⁄4 40 of the District in and to lands in the Smith River-pipeline ant to the rule, the gentleman from Or- Site and water rights of the District associ- egon [Mr. COOLEY] will be recognized ated thereto; and Total 40 for 20 minutes, and the gentleman from (3) the payment of money of the Secretary, (6) QUAIL CREEK RESERVOIR.—The term New Mexico [Mr. RICHARDSON] will be to the extent that lands and rights trans- ‘‘Quail Creek Reservoir’’ means the lands lo- recognized for 20 minutes. ferred under paragraphs (1) and (2) are not cated in Washington County, Utah, more The Chair recognizes the gentleman sufficient to equalize the values of the lands particularly described as follows: from Oregon [Mr. COOLEY]. exchanged under section 1. (Mr. COOLEY asked and was given SEC. 3. MANAGEMENT OF LANDS ACQUIRED BY UNITED STATES. QUAIL CREEK RESERVOIR permission to revise and extend his re- Lands acquired by the Secretary under this marks.) Act shall be administered by the Secretary, Mr. COOLEY. Mr. Speaker, I yield acting through the Director of the Bureau of Section Acres myself such time as I may consume. Land Management, in accordance with the Mr. Speaker, I rise in support of H.R. provisions of law generally applicable to the T 41 S R 14 23 Tract 38 9.51 W 1838, sponsored by Mr. HANSEN, which public lands, including the Federal Land Pol- would allow the Water Conservancy icy and Management Act of 1976 (43 U.S.C. 23 Lot 2 40.00 1701 et seq.). 23 SW1⁄4 SW1⁄4 SE1⁄4 SE1⁄4 2.50 District of Washington County, UT, SEC. 4. NATIONAL ENVIRONMENTAL POLICY ACT and the Department of the Interior to OF 1969. Total 52.01 achieve a number of high priority ob- The exchange of lands under this Act is not 25 W1⁄2 SW1⁄4 NW1⁄4 20 jectives. As a result of the legislation, subject to section 102 of the National Envi- 25 SE1⁄4 SW1⁄4 NW1⁄4 10 the conservancy district will be au- ronmental Policy Act of 1969 (42 U.S.C. 4332). 25 W1⁄2 SE1⁄4 SE1⁄4 NW1⁄4 5 thorized to acquire lands needed for the SEC. 5. DEFINITIONS. 25 NW1⁄4 SW1⁄4 40 proposed Sand Hollow offstream water 1 1 1 1 As used in this Act: 25 W ⁄2 W ⁄2 NE ⁄4 SW ⁄4 10 storage reservoir and lands inundated (1) DISTRICT.—The term ‘‘District’’ means Total 85 by the existing Quail Creek Reservoir the Water Conservancy District of Washing- and other lands essential to reservoir ton County, Utah. 26 Lot 1 15.97 (2) SECRETARY.—The term ‘‘Secretary’’ 26 Lot 8 40.00 operation. means the Secretary of the Interior. 26 Lot 12 17.45 In exchange, the Department of the (3) BULLOCH SITE.—The term ‘‘Bulloch 26 Lot 15 42.23 Interior would receive the Bulloch Site’’ means the lands located in Kane Coun- 26 Lot 16 42.39 water storage reservoir site and other ty, Utah, adjacent to Zion National Park, 26 SE1⁄4 NE1⁄4 40.00 lands adjacent to Zion National Park, more particularly described as follows: which are important to preserve November 7, 1995 CONGRESSIONAL RECORD — HOUSE H 11801 instream flows and operation of the SECTION 1. FINDINGS AND PURPOSES. accordance with the provisions of section 203 of natural hydrograph of the North Fork (a) FINDINGS.—Congress finds and declares the Federal Land Policy and Management Act of the Virgin River through the park. that— of 1976 and other applicable law. (c) SUBSTITUTION OF LANDS.—If one or more Exchange of these lands is an essential (1) certain scattered parcels of Federal land located within Gilpin County, Colorado, are of the precise offered land parcels identified component in the resolution of the currently administered by the Secretary of the above is unable to be conveyed to the United parks water flow agreement with the Interior as part of the Royal Gorge Resource States due to appraisal or other problems, Lake State of Utah. The exchange will also Area, Canon City District, United States Bureau Gulch and the Secretary may mutually agree to allow the Department of the Interior to of Land Management; substitute therefor alternative offered lands ac- acquire critical habitat for the desert (2) these land parcels, which comprises ap- ceptable to the Secretary. tortoise, a threatened species. proximately 133 separate tracts of land, and (d) CONVEYANCE BY THE UNITED STATES.—(1) range in size from approximately 38 acres to Upon receipt of title to the lands identified in The Bulloch Reservoir site lies above subsection (a) the Secretary shall simulta- Zion National Park and its acquisition much less than an acre have been identified as suitable for disposal by the Bureau of Land neously convey to Lake Gulch all right, title, has been a goal of the National Park Management through its resource management and interest of the United States, subject to Service for many years. Locating an al- planning process and are appropriate for dis- valid existing rights, in and to the following se- ternative water storage site in Sand posal; and lected lands— Hollow is a good-faith effort by the (3) even though the Federal land parcels in (A) certain surveyed lands located in Gilpin water district to accommodate this Gilpin County, Colorado, are scattered and County, Colorado, Township 3 South, Range 72 small in size, they nevertheless by virtue of their West, Sixth Principal Meridian, Section 18, Lots concern. 118–220, which comprise approximately 195 acres This noncontroversial bill was favor- proximity to existing communities appear to have a fair market value which may be used by and are intended to include all federally owned ably reported by the Committee on Re- lands in section 18, as generally depicted on a sources by voice vote. I commend the the Federal Government to exchange for lands which will better lend themselves to Federal map entitled ‘‘Lake Gulch Selected Lands’’, chairman of the subcommittee for his management and have higher values for future dated July 1994; (B) certain surveyed lands located in Gilpin excellent work on this measure and public access, use and enjoyment, recreation, County, Colorado, Township 3 South, Range 72 urge the Members of the House to sup- the protection and enhancement of fish and West, Sixth Principal Meridian, Section 17, Lots port this bill. wildlife and fish and wildlife habitat, and the 37, 38, 39, 40, 52, 53, and 54, which comprise ap- protection of riparian lands, wetlands, scenic Mr. Speaker, I reserve the balance of proximately 96 acres, as generally depicted on a beauty and other public values. my time. map entitled ‘‘Lake Gulch Selected Lands’’, (b) PURPOSE.—It is the purpose of this Act to Mr. RICHARDSON. Mr. Speaker, I dated July 1994; and authorize, direct, facilitate and expedite the yield myself such time as I may (C) certain unsurveyed lands located in Gilpin land exchange set forth herein in order to fur- County, Colorado, Township 3 South, Range 73 consume. ther the public interest by disposing of Federal West, Sixth Principal Meridian, Section 13, (Mr. RICHARDSON asked and was lands with limited public utility and acquire in which comprise approximately 11 acres, and are given permission to revise and extend exchange therefor lands with important values generally depicted as parcels 302–304, 306 and his remarks.) for permanent public management and protec- 308–326 on a map entitled ‘‘Lake Gulch Selected Mr. RICHARDSON. Mr. Speaker, this tion. Lands’’, dated July 1994: Provided, however, land exchange will allow the Depart- SEC. 2. LAND EXCHANGE. That a parcel or parcels of land in section 13 ment of the Interior to acquire needed (a) IN GENERAL.—The exchange directed by shall not be transferred to Lake Gulch if at the land for the Bulloch Water Storage this Act shall be consummated if within 90 days time of the proposed transfer the parcel or par- Reservoir Site as well as lands adjacent after enactment of this Act, Lake Gulch, Inc., a cels are under formal application for transfer to to the Zion National Park in exchange Colorado Corporation (as defined in section 4 of a qualified unit of local government. Due to the for lands needed by the Washington this Act) offers to transfer to the United States small and unsurveyed nature of such parcels pursuant to the provisions of this Act the of- proposed for transfer to Lake Gulch in section County Water Conservancy District for fered lands or interests in land described herein. water storage. The exchange will also 13, and the high cost of surveying such small (b) CONVEYANCE BY LAKE GULCH.—Subject to parcels, the Secretary is authorized to transfer provide the Department of the Interior the provisions of section 3 of this Act, Lake such section 13 lands to Lake Gulch without with critical habitat lands for the Gulch shall convey to the Secretary of the Inte- survey based on such legal or other description desert tortoise. rior all right, title, and interest in and to the as the Secretary determines appropriate to carry The administration supports this following offered lands— out the basic intent of the map cited in this sub- land exchange, and I encourage my col- (1) certain lands comprising approximately 40 paragraph. leagues to support it. acres with improvements thereon located in (2) If the Secretary and Lake Gulch mutually Mr. Speaker, I urge support of this Larimer County, Colorado, and lying within the agree, and the Secretary determines it is in the boundaries of Rocky Mountain National Park bill and I yield back the balance of my public interest, the Secretary may utilize the au- as generally depicted on a map entitled ‘‘Circle thority and direction of this Act to transfer to time. C Church Camp’’, dated August 1994, which Lake Gulch lands in sections 17 and 13 that are Mr. COOLEY. Mr. Speaker, I yield shall upon their acquisition by the United in addition to those precise selected lands shown back the balance of my time. States and without further action by the Sec- on the map cited herein, and which are not The SPEAKER pro tempore. The retary of the Interior be incorporated into Rocky under formal application for transfer to a quali- question is on the motion offered by Mountain National Park and thereafter be ad- fied unit of local government, upon transfer to the gentleman from Oregon [Mr. ministered in accordance with the laws, rules the Secretary of additional offered lands accept- and regulations generally applicable to the Na- COOLEY] that the House suspend the able to the Secretary or upon payment to the tional Park System and Rocky Mountain Na- Secretary by Lake Gulch of cash equalization rules and pass the bill, H.R. 1838. tional Park; The question was taken; and (two- money amounting to the full appraised fair mar- (2) certain lands located within and adjacent ket value of any such additional lands. If any thirds having voted in favor thereof) to the United States Bureau of Land Manage- such additional lands are located in section 13 the rules were suspended and the bill ment San Luis Resource Area in Conejos Coun- they may be transferred to Lake Gulch without was passed. ty, Colorado, which comprise approximately survey based on such legal or other description A motion to reconsider was laid on 3,993 acres and are generally depicted on a map as the Secretary determines appropriate as long the table. entitled ‘‘Quinlan Ranches Tract’’, dated Au- as the Secretary determines that the boundaries gust 1994; and of any adjacent lands not owned by Lake Gulch f (3) certain lands located within the United can be properly identified so as to avoid possible EXCHANGE OF CERTAIN LANDS IN States Bureau of Land Management Royal future boundary conflicts or disputes. If the GILPIN COUNTY, CO Gorge Resource Area in Huerfano County, Colo- Secretary determines surveys are necessary to rado, which comprise approximately 4,700 acres convey any such additional lands to Lake Mr. COOLEY. Mr. Speaker, I move to and are generally depicted on a map entitled Gulch, the costs of such surveys shall be paid by suspend the rules and pass the bill ‘‘Bonham Ranch-Cucharas Canyon’’, dated Lake Gulch but shall not be eligible for any ad- (H.R. 2437), to provide for the exchange June 1995: Provided, however, That it is the in- justment in the value of such additional lands of certain lands in Gilpin County, CO, tention of Congress that such lands may remain pursuant to section 206(f)(2) of the Federal as amended. available for the grazing of livestock as deter- Land Policy and Management Act of 1976 (as mined appropriate by the Secretary in accord- The Clerk read as follows: amended by the Federal Land Exchange Facili- ance with applicable laws, rules, and regula- tation Act of 1988) (43 U.S.C. 1716(f)(2)). H.R. 2437 tions: Provided further, That if the Secretary (3) Prior to transferring out of public owner- Be it enacted by the Senate and House of Rep- determines that certain of the lands acquired ship pursuant to this Act or other authority of resentatives of the United States of America in adjacent to Cucharas Canyon hereunder are not law any lands which are contiguous to North Congress assembled, needed for public purposes they may be sold in Clear Creek southeast of the City of Black H 11802 CONGRESSIONAL RECORD — HOUSE November 7, 1995 Hawk, Colorado in the County of Gilpin, Colo- ing, or result in any diminution in, the fair mar- The Gilpin County lands are 133 par- rado, the Secretary shall notify and consult ket value of the selected land for purposes of the cels, ranging from 38 acres to .01 acre; with the County and City and afford such units appraisals of the selected land required pursu- 90 are less than 1 acre. They were origi- of local government an opportunity to acquire ant to section 3 of this Act. nally acquired by the United States or reserve pursuant to the Federal Land Policy (c) REVOCATION OF WITHDRAWAL.—The Public and Management Act of 1976 or other applicable Water Reserve established by Executive order from France in the Louisiana Pur- law, such easements or rights-of-way parallel to dated April 17, 1926 (Public Water Reserve 107), chase. From extensive gold discoveries, North Clear Creek as may be necessary to serve Serial Number Colorado 17321, is hereby revoked the area is criss-crossed with patented public utility line or recreation path needs: Pro- insofar as it affects the NW1⁄4 SW1⁄4 of Section mining claims; the 133 parcels are vided, however, That any survey or other costs 17, Township 3 South, Range 72 West, Sixth intermingled fragments that are essen- associated with the acquisition or reservation of Principal Meridian, which covers a portion of tially unmanageable, and have been such easements or rights-of-way shall be paid the selected lands identified in this Act. identified as suitable for disposal by for by the unit or units of local government con- SEC. 4. MISCELLANEOUS PROVISIONS. cerned. the Bureau of Land Management. How- (a) DEFINITIONS.—As used in this Act: ever, the U.S. cannot readily realize SEC. 3. TERMS AND CONDITIONS OF EXCHANGE. (1) The term ‘‘Secretary’’ means the Secretary (a) EQUALIZATION OF VALUES.—(1) The values of the Interior. their fair-market value through nor- of the lands to be exchanged pursuant to this (2) The term ‘‘Lake Gulch’’ means Lake mal BLM disposal procedures because Act shall be equal as determined by the Sec- Gulch, Inc., a Colorado corporation, or its suc- of the high costs of surveys and other retary of the Interior utilizing comparable sales cessors, heirs or assigns. necessary administrative expenses. of surface and subsurface property and nation- (3) The term ‘‘offered land’’ means lands to be H.R. 2437 is intended to enable the U.S. ally recognized appraisal standards, including, conveyed to the United States pursuant to this to obtain the value by the acquisition to the extent appropriate, the Uniform Stand- Act. ards for Federal Land Acquisition, the Uniform of designated lands. (4) The term ‘‘selected land’’ means lands to The lands that have been identified Standards of Professional Appraisal Practice, be transferred to Lake Gulch, Inc., or its succes- the provisions of section 206(d) of the Federal sors, heirs or assigns pursuant to this Act. for the U.S. to receive would include Land Policy and Management Act of 1976 (43 (5) The term ‘‘Blanca Wetlands’’ means an about 40 acres within the Rocky Moun- U.S.C. 1716(d)), and other applicable law. area of land comprising approximately 9,290 tain National Park, nearly 4,000 acres (2) In the event any cash equalization or land acres, as generally depicted on a map entitled in Conejos County, and about 4,700 sale moneys are received by the United States ‘‘Blanca Wetlands’’, dated August 1994, or such acres—known as Bonham Ranch— pursuant to this Act, any such moneys shall be land as the Secretary may add thereto by pur- intermingled with BLM-managed lands retained by the Secretary of the Interior and chase from willing sellers after the date of en- along Cucharas Canyon in Huerfano may be utilized by the Secretary until fully ex- actment of this Act utilizing funds provided by pended to purchase from willing sellers land or County, CO. this Act or such other moneys as Congress may H.R. 2437 was reported favorably by water rights, or a combination thereof, to aug- appropriate. ment wildlife habitat and protect and restore (b) TIME REQUIREMENT FOR COMPLETING the Committee on Resources by voice wetlands in the Bureau of Land Management’s TRANSFER.—It is the intent of Congress that un- vote. I commend the sponsor of this Blanca Wetlands, Alamosa County, Colorado. less the Secretary and Lake Gulch mutually bill on his hard work and urge the (3) Any water rights acquired by the United agree otherwise the exchange of lands author- Members of the House to support this States pursuant to this section shall be obtained ized and directed by this Act shall be completed measure. by the Secretary of the Interior in accordance not later than 6 months after the date of enact- Mr. Speaker, I reserve the balance of with all applicable provisions of Colorado law, ment of this Act. In the event the exchange can- including the requirement to change the time, my time. not be consummated within such 6-month-time Mr. RICHARDSON. Mr. Speaker, I place, and type of use of said water rights period, the Secretary, upon application by Lake through the appropriate State legal proceedings Gulch, is directed to sell to Lake Gulch at ap- yield myself such time as I may and to comply with any terms, conditions, or praised fair market value any or all of the par- consume. other provisions contained in an applicable de- cels (comprising a total of approximately 11 (Mr. RICHARDSON asked and was cree of the Colorado Water Court. The use of acres) identified in section 2(d)(1)(C) of this Act given permission to revise and extend any water rights acquired pursuant to this sec- as long as the parcel or parcels applied for are his remarks.) tion shall be limited to water that can be used not under formal application for transfer to a Mr. RICHARDSON. Mr. Speaker, I or exchanged for water that can be used on the qualified unit of local government. yield 5 minutes to the gentleman from Blanca Wetlands. Any requirement or proposal (c) ADMINISTRATION OF LANDS ACQUIRED BY to utilize facilities of the San Luis Valley Colorado [Mr. SKAGGS], the author of UNITED STATES.—In accordance with the provi- this bill, who developed this legisla- Project, Closed Basin Diversion, in order to ef- sions of section 206(c) of the Federal Land Pol- fectuate the use of any such water rights shall icy and Management Act of 1976 (43 U.S.C. tion, shepherded it, and it is in his con- be subject to prior approval of the Rio Grande 1716(c)), all lands acquired by the United States gressional district. I wish to commend Water Conservation District. pursuant to this Act shall upon acceptance of the gentleman from this good piece of (b) RESTRICTIONS ON SELECTED LANDS.—(1) title by the United States and without further legislation, which he has been working Conveyance of the selected lands to Lake Gulch action by the Secretary concerned become part on for many years. pursuant to this Act shall be contingent upon of and be managed as part of the administrative Mr. SKAGGS. Mr. Speaker, I thank Lake Gulch executing an agreement with the unit or area within which they are located. United States prior to such conveyance, the the gentleman for yielding me this terms of which are acceptable to the Secretary The SPEAKER pro tempore. Pursu- time. of the Interior, and which— ant to the rule, the gentleman from Or- First of all, Mr. Speaker, I want to (A) grant the United States a covenant that egon [Mr. COOLEY] will be recognized express my thanks to the gentleman none of the selected lands (which currently lie for 20 minutes and the gentleman from from New Mexico [Mr. RICHARDSON] for outside the legally approved gaming area) shall New Mexico [Mr. RICHARDSON] will be his help in moving this legislation, as ever be used for purposes of gaming should the recognized for 20 minutes. well as the help of the chairman of the current legal gaming area ever be expanded by the State of Colorado; and The Chair recognizes the gentleman subcommittee, the gentleman from (B) permanently hold the United States harm- from Oregon [Mr. COOLEY]. Utah [Mr. HANSEN], and the gentleman less for liability and indemnify the United (Mr. COOLEY asked and was given from Oregon [Mr. COOLEY], in manag- States against all costs arising from any activi- permission to revise and extend his re- ing this bill today. I especially appre- ties, operations (including the storing, handling, marks.) ciate, as well, the assistance of my col- and dumping of hazardous materials or sub- Mr. COOLEY. Mr. Speaker, I yield league, the gentleman from Colorado stances) or other acts conducted by Lake Gulch myself such time as I may consume. [Mr. MCINNIS], who is the sponsor of or its employees, agents, successors or assigns on the selected lands after their transfer to Lake Mr. Speaker, I rise in support of H.R. this legislation. I have been very glad Gulch: Provided, however, That nothing in this 2437, sponsored by Mr. MCINNIS, which to have the chance to work with him Act shall be construed as either diminishing or would authorize an equal-value ex- on this bill. increasing any responsibility or liability of the change under which the United States As the gentleman from Oregon [Mr. United States based on the condition of the se- would transfer about 300 acres of BLM- COOLEY] indicated, this is a pretty lected lands prior to or on the date of their managed public lands near the city of straightforward proposition, one that I transfer to Lake Gulch. Black Hawk, in Gilpin County, CO, to a think serves both the local and the na- (2) Conveyance of the selected lands to Lake named company, which would transfer tional interest in a nice way. We are Gulch pursuant to this Act shall be subject to the existing easement for Gilpin County Road 6. to the U.S. specified lands, amounting exchanging some 300 acres in 133 sepa- (3) The above terms and restrictions of this to about 8,739 acres, elsewhere in Colo- rate parcels near the town of subsection shall not be considered in determin- rado. Blackhawk, CO, in my congressional November 7, 1995 CONGRESSIONAL RECORD — HOUSE H 11803 district, for some 8,700 acres of now pri- part, they are left-over fragments, intermingled [Mr. SKAGGS] mentioned, this bill is vately-owned land in other parts of the with private lands. They are essentially un- pretty straight forward. These are frag- State of Colorado. manageable, and have been identified as suit- ments scattered in an area crisscrossed The current BLM-owned lands near able for disposal by the Bureau of Land Man- with patent and mining claims, making Blackhawk are very fragmented and agement. That means that BLM has the legal their management extremely difficult. unmanageable, and really do not lend authority to dispose of them for fair market What this legislation does, it would themselves at all to the normal sorts of value. authorize an equal value land ex- appraisal and transfer processes that The problem, though, is that the fragmented change, and my colleague, the gen- involve expensive surveys and all the nature of the lands, and the resulting very tleman from Colorado [Mr. SKAGGS], as rest. This bill enables both the Govern- small size of many tracts, makes it very dif- I said, has worked for some time on ment and some interests that are pro- ficult for the Government to obtain that fair this issue with the administration and posing private development near market value because of the high costs of sur- the local parties affected. I commend Blackhawk to make a match that will veys and other necessary administrative ex- the gentleman from Colorado [Mr. be in everyone’s long-term interest. penses. MCINNIS], too, for his efforts, and my The three major tracts that will be This bill responds to that problem. It will en- colleagues on the majority side. This acquired by the Federal Government in able the United States to realize the value of bill has wide support. exchange for these properties involve a these Gilpin County lands by transferring them Mr. Speaker, I urge my colleagues to very important 40 acres within Rocky to the Lake Gulch corporation in exchange for vote in favor of passage, and I yield Mountain National Park known as the other lands of equal value that have re- back the balance of my time. Circle C Church Camp, an area that the sources, including potential for recreational Mr. COOLEY. Mr. Speaker, I yield Park Service has been anxious to bring uses, which give them priority status for acqui- myself such time as I may consume. under Park Service management for a sition by Federal land-management agencies. For the record, Mr. Speaker, I want long time; about 4,000 acres along the These lands that the United States will re- to state that the gentleman from Colo- La Jara Canyon in Conejos County, ceive include: About 40 acres within Rocky rado [Mr. MCINNIS] wanted to be here, again, important for both manage- Mountain National ParkÐknown as the ``Circle but he could not make it here today. I ment, wildlife, and recreational pur- C Church Camp'' tractÐthat has been a long- would note that for the record. I also poses; and some 4,700 acres in Huerfano time acquisition priority for the National Park want to thank the gentlemen from Col- County, again involving very impor- Service; nearly 4,000 acres in Conejos Coun- orado, Mr. MCINNIS and Mr. SKAGGS, for tant scenic, recreational, and wildlife tyÐknown as the Quinlan Ranches parcel, their cooperative work on this issue. I habitat areas in a beautiful canyon bordering on the scenic La Jara Canyon, that think it is time we straightened up there. is intermingled with Federal lands managed by these small parcels and get some uni- This is legislation that I think has no the BLM and the Forest Service and that has formity. I think this is a good piece of opponents and has all of the right pro- recreational values as well as elk winter range legislation, and I appreciate the state- ponents, including all of the interested and other wildlife habitat; and about 4,700 ments made by the gentleman from parties in the State of Colorado, the acresÐknown as the Bonham Ranch, now New Mexico [Mr. RICHARDSON]. I think local governments, and all the rest. intermingled with BLM-managed lands along it is helpful in a bipartisan way to get Again, I thank all involved in this on Cucharas Canyon in Huerfano County, whose some of this straightened out. the Committee on Resources for their acquisition will enable BLM to protect more Mr. Speaker, I have no further re- assistance in moving it along, and I than 5 miles of the scenic canyon, with its im- quests for time, and I yield back the urge my colleagues to vote for it. portant wildlife habitatÐincluding raptor nest- balance of my time. Mr. Speaker, I want to thank the subcommit- ing areas, cultural resources, and recreational The SPEAKER pro tempore. The tee chairman, Mr. HANSEN, and Ranking Mem- uses. question is on the motion offered by ber BILL RICHARDSON for bringing this bill to The bill also would authorize the Secretary the gentleman from Oregon [Mr. the floor today. I appreciate their good work, of the Interior to agree to transfer certain addi- COOLEY] that the House suspend the and I also greatly appreciate all that my col- tional adjacent Gilpin County lands in ex- rules and pass the bill, H.R. 2437, as league from Colorado, Mr. MCINNIS, has done change for additional lands acceptable to the amended. in connection with this legislation that affects Secretary or payment of the fair market value The question was taken; and (two- both our districts. I am very glad to have had of any such additional Gilpin County lands. thirds having voted in favor thereof) I want to stress that the bill authorizes only the chance to work with him on this bill. the rules were suspended and the bill, This is a straightforward and I believe a an equal-value exchange. If it's determined as amended, was passed. noncontroversial measure. It provides for a that the value of the Gilpin County lands is A motion to reconsider was laid on land exchange under which the public will re- greater than the value of the lands transferred the table. ceive more than 8,700 acres of Colorado to the United States, Lake Gulch will be re- lands that are important for recreational and quired to pay the difference. Any such pay- f environmental purposes, in exchange for ment would be used to acquire from willing b 1545 about 300 acres near the town of Black Hawk, sellers land or water rights in the BLM-man- in Gilpin County, that are appropriate for de- aged Blanca wetlands near Alamosa, an area GENERAL LEAVE velopment. with crucial winter habitat for bald eagles and Mr. COOLEY. Mr. Speaker, I ask Under the exchange, the Gilpin County a very productive area for ducks and geese. unanimous consent that all Members lands, located in my congressional district, Mr. Speaker, this bill is good for economic have 5 legislative days to revise and ex- would be transferred from Federal ownership development in Gilpin County and good for the tend their remarks and include extra- to Lake Gulch, Inc., a private firm, in ex- environment and outdoor recreation in Colo- neous material on the 7 measures just change for Lake Gulch's transfer to the United rado. The administration supports the bill, and considered. States of the other lands specified in the bill. it also has the support of Governor Romer, the The SPEAKER pro tempore (Mr. These Gilpin County lands comprise 133 Colorado Division of Wildlife, and affected SHAYS). Is there objection to the re- separate parcels, ranging in size from 38 local governments including Black Hawk, quest of the gentleman from Oregon? acres to one one-hundredth of an acreÐin Central City, and Gilpin County, as well as There was no objection. fact, 90 of them are less than an acre. These local and national environmental and con- lands were originally acquired by the United servation organizations. I urge its passage by f States from France through the Louisiana Pur- the House. RECESS chase. After the discovery of gold in Gilpin Mr. RICHARDSON. Mr. Speaker, I County, most of the immediately adjacent yield myself such time as I may The SPEAKER pro tempore. Pursu- landsÐalso Federal public domain lands ac- consume. ant to clause 12 of rule 1, the Chair de- quired in the same wayÐwere claimed under Mr. Speaker, the Gilpin County land clares the House in recess until ap- the mining laws and thus passed into private parcels currently managed by the BLM proximately 6 p.m. today. ownership. consist of 133 parcels ranging in size Accordingly (at 3 o’clock and 45 min- However, the 133 parcels covered by the from one-tenth acre to 38 acres. I utes p.m.), the House stood in recess bill are still in the public domain. For the most think, as the gentleman from Colorado until approximately 6 p.m. H 11804 CONGRESSIONAL RECORD — HOUSE November 7, 1995 b 1802 Bryant (TX) Gonzalez McKeon Stark Thurman Watts (OK) Bunn Goodlatte McNulty Stearns Tiahrt Waxman AFTER RECESS Bunning Goodling Meek Stenholm Torkildsen Weldon (FL) Burr Gordon Metcalf Stockman Torres Weller The recess having expired, the House Burton Goss Meyers Studds Traficant White was called to order by the Speaker pro Buyer Graham Mica Stump Upton Wicker Callahan Green Miller (CA) Stupak Velazquez tempore (Mr. SHAYS] at 6 o’clock and 2 Wise Calvert Greenwood Miller (FL) Talent Vento Wolf minutes p.m. Tanner Visclosky Camp Gunderson Minge Woolsey Tate Volkmer f Canady Gutierrez Mink Wyden Cardin Gutknecht Moakley Tauzin Vucanovich Wynn Castle Hall (OH) Mollohan Taylor (MS) Waldholtz ANNOUNCEMENT BY THE SPEAKER Yates Chabot Hall (TX) Montgomery Taylor (NC) Walker Young (AK) PRO TEMPORE Chambliss Hamilton Moorhead Tejeda Wamp Thomas Ward Young (FL) The SPEAKER pro tempore (Mr. Chapman Hancock Moran Chenoweth Hansen Morella Thompson Waters Zeliff SHAYS). Pursuant to clause 5, rule I, Christensen Harman Murtha Thornberry Watt (NC) Zimmer the Chair will now put the question on Chrysler Hastert Myers NOT VOTING—46 approval of the Journal and then on Clayton Hastings (FL) Nadler Clement Hastings (WA) Neal Ackerman Hoke Payne (NJ) each motion to suspend the rules on Clinger Hayes Nethercutt Andrews Inglis Peterson (FL) which further proceedings were post- Clyburn Hayworth Neumann Baker (CA) Jacobs Rush poned earlier today in the order in Coble Hefley Ney Baker (LA) Kennedy (MA) Slaughter which that motion was entertained. Coburn Hefner Norwood Barr Klink Stokes Coleman Heineman Nussle Bartlett Lincoln Votes will be taken in the following Thornton Collins (GA) Herger Oberstar Clay Lowey Torricelli order: Approval of the Journal de novo; Collins (IL) Hilleary Obey Collins (MI) Manton Towns Deal McDade House Joint Resolution 69, by the yeas Combest Hilliard Olver Tucker Ehlers McKinney Condit Hinchey Ortiz Walsh and nays; House Joint Resolution 110, Fattah Meehan Conyers Hobson Orton Weldon (PA) by the yeas and nays; House Joint Res- Fields (LA) Menendez Cooley Hoekstra Owens Whitfield Costello Holden Oxley Flake Mfume olution 111, by the yeas and nays; and Williams Cox Horn Packard Foglietta Molinari House Joint Resolution 112, by the yeas Wilson Coyne Hostettler Pallone Ford Myrick and nays. Cramer Houghton Parker Gallegly Paxon The Chair will reduce to 5 minutes Crane Hoyer Pastor b the time for any electronic vote after Crapo Hunter Payne (VA) 1825 the first such vote in this series. Cremeans Hutchinson Pelosi So (two-thirds having voted in favor Cubin Hyde Peterson (MN) f Cunningham Istook Petri thereof) the rules were suspended and Danner Jackson-Lee Pickett the joint resolution was passed. THE JOURNAL Davis Jefferson Pombo The result of the vote was announced de la Garza Johnson (CT) Pomeroy The SPEAKER pro tempore. Pursu- DeFazio Johnson (SD) Porter as above recorded. ant to clause 5 of rule I, the pending DeLauro Johnson, E. B. Portman A motion to reconsider was laid on business is the question de novo of DeLay Johnson, Sam Poshard the table. Dellums Johnston Pryce agreeing to the Speaker’s approval of Deutsch Jones Quillen f the Journal of the last day’s proceed- Diaz-Balart Kanjorski Quinn ings. Dickey Kaptur Radanovich PERSONAL EXPLANATION The question is on the Speaker’s ap- Dicks Kasich Rahall Dingell Kelly Ramstad Mr. EHLERS. Mr. Speaker, on rollcall No. proval of the Journal. Dixon Kennedy (RI) Rangel 765. I missed the vote due to cancellation of Pursuant to clause 1, rule I, the Jour- Doggett Kennelly Reed one airplane flight and mechanical problems nal stands approved. Dooley Kildee Regula Doolittle Kim Richardson requiring the delay of another flight. Had I f Dornan King Riggs been present, I would have voted ``yea''. Doyle Kingston Rivers f REAPPOINTMENT OF HOMER AL- Dreier Kleczka Roberts FRED NEAL TO THE SMITHSO- Duncan Klug Roemer Dunn Knollenberg Rogers ANNOUNCEMENT BY THE SPEAKER NIAN BOARD OF REGENTS Durbin Kolbe Rohrabacher PRO TEMPORE The SPEAKER pro tempore. The Edwards LaFalce Ros-Lehtinen Ehrlich LaHood Rose The SPEAKER pro tempore (Mr. pending business is the question of sus- Emerson Lantos Roth SHAYS). Pursuant to the provisions of pending the rules and passing the joint Engel Largent Roukema clause 5 of rule I, the Chair announces resolution, House Joint Resolution 69. English Latham Roybal-Allard that he will reduce to a minimum of 5 The Clerk read the title of the joint Ensign LaTourette Royce Eshoo Laughlin Sabo minutes the period of time within resolution. Evans Lazio Salmon which a vote by electronic device may The SPEAKER pro tempore. The Everett Leach Sanders be taken on each additional motion to question is on the motion offered by Ewing Levin Sanford Farr Lewis (CA) Sawyer suspend the rules on which the Chair the gentleman from California [Mr. Fawell Lewis (GA) Saxton has postponed further proceedings. THOMAS] that the House suspend the Fazio Lewis (KY) Scarborough rules and pass the joint resolution, Fields (TX) Lightfoot Schaefer f House Joint Resolution 69, on which Filner Linder Schiff Flanagan Lipinski Schroeder APPOINTMENT OF HOWARD H. the yeas and nays are ordered. Foley Livingston Schumer BAKER, JR., TO SMITHSONIAN The vote was taken by electronic de- Forbes LoBiondo Scott BOARD OF REGENTS vice, and there were—yeas 386, nays 0, Fowler Lofgren Seastrand Fox Longley Sensenbrenner not voting 46, as follows: The SPEAKER pro tempore. The Frank (MA) Lucas Serrano pending business is the question of sus- [Roll No. 765] Franks (CT) Luther Shadegg Franks (NJ) Maloney Shaw pending the rules and passing the joint YEAS—386 Frelinghuysen Manzullo Shays resolution, H.J. Res. 110. Abercrombie Bateman Boehner Frisa Markey Shuster The clerk read the title of the joint Allard Becerra Bonilla Frost Martinez Sisisky Archer Beilenson Bonior Funderburk Martini Skaggs resolution. Armey Bentsen Bono Furse Mascara Skeen The SPEAKER pro tempore. The Bachus Bereuter Borski Ganske Matsui Skelton question is on the motion offered by Baesler Berman Boucher Gejdenson McCarthy Smith (MI) the gentleman from California [Mr. Baldacci Bevill Brewster Gekas McCollum Smith (NJ) Ballenger Bilbray Browder Gephardt McCrery Smith (TX) THOMAS] that the House suspend the Barcia Bilirakis Brown (CA) Geren McDermott Smith (WA) rules and pass the joint resolution, H.J. Barrett (NE) Bishop Brown (FL) Gibbons McHale Solomon Res. 110, on which the yeas and nays Barrett (WI) Bliley Brown (OH) Gilchrest McHugh Souder Barton Blute Brownback Gillmor McInnis Spence are ordered. Bass Boehlert Bryant (TN) Gilman McIntosh Spratt This is a 5-minute vote. November 7, 1995 CONGRESSIONAL RECORD — HOUSE H 11805 The vote was taken by electronic de- Payne (VA) Scarborough Tejeda The vote was taken by electronic de- vice, and there were—yeas 389, nays 0, Pelosi Schaefer Thomas vice, and there were—yeas 389, nays 0, Peterson (MN) Schiff Thompson not voting 43, as follows: Petri Schroeder Thornberry not voting 43, as follows: Pickett Schumer [Roll No. 766] Thurman [Roll No. 767] Pombo Scott Tiahrt YEAS—389 Pomeroy Seastrand Torkildsen YEAS—389 Porter Sensenbrenner Torres Abercrombie Doggett Johnston Abercrombie Dixon Johnson, Sam Portman Serrano Traficant Allard Dooley Jones Allard Doggett Johnston Poshard Shadegg Upton Archer Doolittle Kanjorski Archer Dooley Jones Pryce Shaw Velazquez Armey Dornan Kaptur Quillen Shays Armey Doolittle Kanjorski Bachus Doyle Kasich Vento Bachus Dornan Kaptur Quinn Shuster Visclosky Baesler Dreier Kelly Radanovich Sisisky Baesler Doyle Kasich Baldacci Duncan Kennedy (MA) Volkmer Baker (CA) Dreier Kelly Rahall Skaggs Vucanovich Ballenger Dunn Kennedy (RI) Ramstad Skeen Baldacci Duncan Kennedy (MA) Waldholtz Barcia Durbin Kennelly Rangel Skelton Ballenger Dunn Kennedy (RI) Walker Barrett (NE) Edwards Kildee Reed Smith (MI) Barcia Durbin Kennelly Wamp Barrett (WI) Ehrlich Kim Regula Smith (NJ) Barrett (NE) Edwards Kildee Ward Barton Emerson King Richardson Smith (TX) Barrett (WI) Ehrlich Kim Waters Bass Engel Kingston Riggs Smith (WA) Barton Emerson King Bateman English Kleczka Rivers Solomon Watt (NC) Bass Engel Kingston Becerra Ensign Klug Roberts Souder Watts (OK) Bateman English Kleczka Beilenson Eshoo Knollenberg Roemer Spence Waxman Becerra Ensign Klug Bentsen Evans Kolbe Rogers Spratt Weldon (FL) Beilenson Eshoo Knollenberg Bereuter Everett LaFalce Rohrabacher Stark Weller Bentsen Evans Kolbe Berman Ewing LaHood Ros-Lehtinen Stearns White Bereuter Everett LaFalce Bevill Farr Lantos Rose Stenholm Wicker Berman Ewing LaHood Bilbray Fawell Largent Roth Stockman Wise Bevill Farr Lantos Bilirakis Fazio Latham Roukema Studds Wolf Bilbray Fawell Largent Bishop Fields (TX) LaTourette Roybal-Allard Stump Woolsey Bilirakis Fazio Latham Bliley Filner Laughlin Royce Stupak Wyden Bishop Fields (TX) LaTourette Blute Flanagan Lazio Sabo Talent Wynn Bliley Filner Laughlin Boehlert Foley Leach Salmon Tanner Yates Blute Flanagan Lazio Boehner Forbes Levin Sanders Tate Young (AK) Boehlert Foley Leach Bonilla Fowler Lewis (CA) Sanford Tauzin Young (FL) Boehner Forbes Levin Bonior Fox Lewis (GA) Sawyer Taylor (MS) Zeliff Bonilla Fowler Lewis (CA) Bono Frank (MA) Lewis (KY) Saxton Taylor (NC) Zimmer Bonior Fox Lewis (GA) Borski Franks (CT) Lightfoot Bono Frank (MA) Lewis (KY) Boucher Franks (NJ) Linder NOT VOTING—43 Borski Franks (CT) Lightfoot Brewster Frelinghuysen Lipinski Boucher Franks (NJ) Linder Ackerman Gallegly Peterson (FL) Browder Frisa Livingston Brewster Frelinghuysen Lipinski Andrews Hoke Rush Brown (CA) Frost LoBiondo Browder Frisa Livingston Baker (CA) Inglis Brown (FL) Funderburk Lofgren Slaughter Brown (CA) Frost LoBiondo Baker (LA) Jacobs Brown (OH) Furse Longley Stokes Brown (FL) Funderburk Lofgren Barr Klink Brownback Ganske Lucas Thornton Brown (OH) Furse Longley Bartlett Lincoln Bryant (TN) Gejdenson Luther Torricelli Brownback Ganske Lucas Clay Lowey Bryant (TX) Gekas Maloney Towns Bryant (TN) Gejdenson Luther Collins (MI) Manton Bunn Gephardt Manzullo Tucker Bryant (TX) Gekas Maloney Deal McDade Bunning Geren Markey Walsh Bunn Gephardt Manzullo Ehlers McKinney Burr Gibbons Martinez Weldon (PA) Bunning Geren Markey Fattah Menendez Burton Gilchrest Martini Whitfield Burr Gibbons Martinez Fields (LA) Molinari Buyer Gillmor Mascara Burton Gilchrest Martini Flake Myrick Williams Callahan Gilman Matsui Buyer Gillmor Mascara Foglietta Paxon Wilson Calvert Gonzalez McCarthy Callahan Gilman Matsui Ford Payne (NJ) Camp Goodlatte McCollum Calvert Gonzalez McCarthy Canady Goodling McCrery b 1835 Camp Goodlatte McCollum Cardin Gordon McDermott Canady Goodling McCrery Castle Goss McHale So (two-thirds having voted in favor Cardin Gordon McDermott Chabot Graham McHugh Castle Goss McHale Chambliss Green McInnis thereof) the rules were suspended and Chabot Graham McHugh Chapman Greenwood McIntosh the joint resolutin was passed. Chambliss Green McInnis Chenoweth Gunderson McKeon A motion to reconsider was laid on Chapman Greenwood McIntosh Christensen Gutierrez McNulty the table. Chenoweth Gunderson McKeon Chrysler Gutknecht Meehan Christensen Gutierrez McNulty Clayton Hall (OH) Meek f Chrysler Gutknecht Meehan Clement Hall (TX) Metcalf Clayton Hall (OH) Meek Clinger Hamilton Meyers PERSONAL EXPLANATION Clement Hall (TX) Metcalf Clyburn Hancock Mfume Clinger Hamilton Meyers Coble Hansen Mica Mr. EHLERS. Mr. Speaker, on rollcall No. Clyburn Hancock Mfume Coburn Harman Miller (CA) 766, I missed the vote due to cancellation of Coble Hansen Mica Coleman Hastert Miller (FL) Coburn Harman Miller (CA) Collins (GA) Hastings (FL) Minge one airplane flight and mechanical problems Coleman Hastert Miller (FL) Collins (IL) Hastings (WA) Mink requiring the delay of another flight. Had I Collins (GA) Hastings (FL) Minge Combest Hayes Moakley been present, I would have voted ``yea.'' Collins (IL) Hastings (WA) Mink Condit Hayworth Mollohan Combest Hayes Moakley Conyers Hefley Montgomery f Condit Hayworth Mollohan Cooley Hefner Moorhead Conyers Hefley Montgomery Costello Heineman Moran APPOINTMENT OF ANNE Cooley Hefner Moorhead Cox Herger Morella D’HARNONCOURT TO THE SMITH- Costello Heineman Moran Coyne Hilleary Murtha SONIAN BOARD OF REGENTS Cox Herger Morella Cramer Hilliard Myers Coyne Hilleary Murtha Crane Hinchey Nadler The SPEAKER pro tempore (Mr. Cramer Hilliard Myers Crapo Hobson Neal Crane Hinchey Nadler SHAYS). The pending business is the Cremeans Hoekstra Nethercutt Crapo Hobson Neal Cubin Holden Neumann question of suspending the rules and Cremeans Hoekstra Nethercutt Cunningham Horn Ney passing the joint resolution, House Cubin Holden Neumann Danner Hostettler Norwood Joint Resolution 111. Cunningham Horn Ney Davis Houghton Nussle Danner Hostettler Norwood de la Garza Hoyer Oberstar The Clerk read the title of the joint Davis Houghton Nussle DeFazio Hunter Obey resolution. de la Garza Hoyer Oberstar DeLauro Hutchinson Olver The SPEAKER pro tempore. The DeFazio Hunter Obey DeLay Hyde Ortiz DeLauro Hutchinson Olver Dellums Istook Orton question is on the motion offered by DeLay Hyde Ortiz Deutsch Jackson-Lee Owens the gentleman from California [Mr. Dellums Istook Orton Diaz-Balart Jefferson Oxley THOMAS] that the House suspend the Deutsch Jackson-Lee Owens Dickey Johnson (CT) Packard rules and pass the joint resolution, Diaz-Balart Jefferson Oxley Dicks Johnson (SD) Pallone Dickey Johnson (CT) Packard Dingell Johnson, E. B. Parker House Joint Resolution 111, on which Dicks Johnson (SD) Pallone Dixon Johnson, Sam Pastor the yeas and nays are ordered. Dingell Johnson, E. B. Parker H 11806 CONGRESSIONAL RECORD — HOUSE November 7, 1995 Pastor Saxton Tejeda The SPEAKER pro tempore. Mem- Norwood Roukema Tanner Payne (VA) Scarborough Thomas bers are reminded this is a five-minute Nussle Roybal-Allard Tate Pelosi Schaefer Thompson Oberstar Royce Tauzin Peterson (MN) Schiff Thornberry vote. Obey Rush Taylor (MS) Petri Schroeder Thurman The vote was taken by electronic de- Olver Sabo Taylor (NC) Pickett Schumer Tiahrt vice, and there were—yeas 390, nays 0, Ortiz Salmon Tejeda Pombo Scott Torkildsen Orton Sanders Thomas Pomeroy Seastrand Torres not voting 42, as follows: Owens Sanford Thompson Porter Sensenbrenner Oxley Sawyer Thornberry Traficant [Roll No. 768] Portman Serrano Upton Packard Saxton Thurman Poshard Shadegg Velazquez YEAS—390 Pallone Scarborough Tiahrt Pryce Shaw Parker Schaefer Torkildsen Vento Abercrombie Dickey Hutchinson Quillen Shays Visclosky Pastor Schiff Torres Quinn Shuster Allard Dicks Hyde Payne (VA) Schroeder Traficant Volkmer Archer Dingell Istook Radanovich Sisisky Vucanovich Pelosi Schumer Upton Rahall Skaggs Armey Dixon Jackson-Lee Waldholtz Peterson (MN) Scott Velazquez Ramstad Skeen Bachus Doggett Jefferson Petri Seastrand Vento Walker Rangel Skelton Baesler Dooley Johnson (CT) Pickett Sensenbrenner Visclosky Wamp Reed Smith (MI) Baker (CA) Doolittle Johnson (SD) Pombo Serrano Volkmer Ward Regula Smith (NJ) Baldacci Dornan Johnson, E. B. Pomeroy Shadegg Vucanovich Waters Richardson Smith (TX) Ballenger Doyle Johnson, Sam Porter Shaw Waldholtz Watt (NC) Riggs Smith (WA) Barcia Dreier Johnston Portman Shays Walker Rivers Solomon Watts (OK) Barrett (NE) Duncan Jones Poshard Shuster Wamp Roberts Souder Waxman Barrett (WI) Dunn Kanjorski Pryce Sisisky Ward Roemer Spence Weldon (FL) Barton Durbin Kaptur Quillen Skaggs Waters Rogers Spratt Weller Bass Edwards Kasich Quinn Skeen Watt (NC) Rohrabacher Stark White Becerra Ehrlich Kelly Radanovich Skelton Watts (OK) Ros-Lehtinen Stearns Wicker Beilenson Emerson Kennedy (MA) Rahall Smith (MI) Waxman Rose Stenholm Wise Bentsen Engel Kennedy (RI) Ramstad Smith (NJ) Weldon (FL) Roth Stockman Wolf Bereuter English Kennelly Rangel Smith (TX) Weller Roukema Stump Woolsey Berman Ensign Kildee Reed Smith (WA) White Roybal-Allard Stupak Wyden Bevill Eshoo Kim Regula Solomon Wicker Royce Talent Wynn Bilbray Evans King Richardson Souder Wise Sabo Tanner Yates Bilirakis Everett Kingston Riggs Spence Wolf Salmon Tate Young (AK) Bishop Ewing Kleczka Rivers Spratt Woolsey Sanders Tauzin Young (FL) Bliley Farr Klug Roberts Stark Wyden Sanford Taylor (MS) Zeliff Blute Fawell Knollenberg Roemer Stearns Wynn Sawyer Taylor (NC) Zimmer Boehlert Fazio Kolbe Rogers Stenholm Yates Boehner Fields (TX) LaFalce Rohrabacher Stockman Young (AK) NOT VOTING—43 Bonilla Filner LaHood Ros-Lehtinen Stump Young (FL) Ackerman Hoke Rush Bonior Flanagan Lantos Rose Stupak Zeliff Andrews Inglis Slaughter Bono Foley Largent Roth Talent Zimmer Borski Forbes Latham Baker (LA) Jacobs Stokes Boucher Fowler LaTourette Barr Klink Studds NOT VOTING—42 Bartlett Lincoln Brewster Fox Laughlin Thornton Browder Frank (MA) Lazio Ackerman Ford Payne (NJ) Clay Lowey Torricelli Andrews Gallegly Peterson (FL) Collins (MI) Manton Brown (CA) Franks (CT) Leach Towns Brown (FL) Franks (NJ) Levin Baker (LA) Inglis Slaughter Deal McDade Tucker Barr Jacobs Stokes Ehlers McKinney Brown (OH) Frelinghuysen Lewis (CA) Walsh Bartlett Klink Studds Fattah Menendez Brownback Frisa Lewis (GA) Weldon (PA) Bateman Lincoln Thornton Fields (LA) Molinari Bryant (TN) Frost Lewis (KY) Whitfield Bryant (TX) Funderburk Lightfoot Clay Lowey Torricelli Flake Myrick Collins (MI) Manton Towns Foglietta Paxon Williams Bunn Furse Linder Wilson Bunning Ganske Lipinski Deal McDade Tucker Ford Payne (NJ) Ehlers McKinney Walsh Gallegly Peterson (FL) Burr Gejdenson Livingston Burton Gekas LoBiondo Fattah Menendez Weldon (PA) b 1842 Buyer Gephardt Lofgren Fields (LA) Molinari Whitfield Callahan Geren Longley Flake Myrick Williams So (two-thirds having voted in favor Calvert Gibbons Lucas Foglietta Paxon Wilson thereof) the rules were suspended and Camp Gilchrest Luther b 1850 the joint resolution was passed. Canady Gillmor Maloney Cardin Gilman Manzullo The result of the vote was announced Castle Gonzalez Markey So (two-thirds having voted in favor as above recorded. Chabot Goodlatte Martinez thereof) the rules were suspended and A motion to reconsider was laid on Chambliss Goodling Martini the joint resolution was passed. the table. Chapman Gordon Mascara Chenoweth Goss Matsui The result of the vote was announced f Christensen Graham McCarthy as above recorded. Chrysler Green McCollum PERSONAL EXPLANATION Clayton Greenwood McCrery A motion to reconsider was laid on Clement Gunderson McDermott the table. Mr. EHLERS. Mr. Speaker, on rollcall No. Clinger Gutierrez McHale 767, I missed the vote due to cancellation of Clyburn Gutknecht McHugh f one airplane flight and mechanical problems Coble Hall (OH) McInnis Coburn Hall (TX) McIntosh PERSONAL EXPLANATION requiring the delay of another flight. Had I Coleman Hamilton McKeon been present, I would have voted ``yea.'' Collins (GA) Hancock McNulty Mr. EHLERS. Mr. Speaker, on roll- f Collins (IL) Hansen Meehan call No. 768, I missed the vote due to Combest Harman Meek cancellation of one airplane flight and APPOINTMENT OF LOUIS Condit Hastert Metcalf Conyers Hastings (FL) Meyers mechanical problems requiring the GERSTNER TO SMITHSONIAN Cooley Hastings (WA) Mfume delay of another flight. Had I been BOARD OF REGENTS Costello Hayes Mica Cox Hayworth Miller (CA) present, I would have voted ‘‘yea.’’ The SPEAKER pro tempore. The Coyne Hefley Miller (FL) f pending business is the question of sus- Cramer Hefner Minge pending the rules and passing the joint Crane Heineman Mink Crapo Herger Moakley PERSONAL EXPLANATION resolution, House Joint Resolution 112. Cremeans Hilleary Mollohan The Clerk read the title of the joint Cubin Hilliard Montgomery Mr. BEREUTER. Mr. Speaker, it was resolution. Cunningham Hinchey Moorhead this Member’s intent to vote ‘‘aye’’ on The SPEAKER pro tempore. The Danner Hobson Moran October 31, 1995, on H.R. 1905, the fiscal Davis Hoekstra Morella question is on the motion offered by de la Garza Hoke Murtha year 1996 Energy and Water Appropria- the gentleman from California [Mr. DeFazio Holden Myers tion Conference Report. This Member THOMAS] that the House suspend the DeLauro Horn Nadler was present and attempted to vote in rules and pass the joint resolution, DeLay Hostettler Neal favor of the conference report, but ap- Dellums Houghton Nethercutt House Joint Resolution 112, on which Deutsch Hoyer Neumann parently for some technical reason the the yeas and nays are ordered. Diaz-Balart Hunter Ney vote was not recorded. November 7, 1995 CONGRESSIONAL RECORD — HOUSE H 11807 REPORT ON RESOLUTION WAIVING for support of a transition government The SPEAKER pro tempore. Is there POINTS OF ORDER AGAINST CON- leading to a democratically elected objection to the request of the gen- FERENCE REPORT ON S. 395, government in Cuba, and for other pur- tleman from California? ALASKA POWER ADMINISTRA- poses, with Senate amendments there- Mr. DE LA GARZA. Mr. Speaker, re- TION ASSET SALE AND TERMI- to, disagree to the Senate amendment, serving the right to object, I would like NATION ACT and agree to the conference asked by to yield to the gentleman from Califor- Mr. MCINNIS, from the Committee the Senate. nia [Mr. BILBRAY] so that he could tell on Rules, submitted a privileged report The SPEAKER pro tempore. Is there us the changes made in the Senate ver- (Rept. No. 104–314) on the resolution (H. objection to the request of the gen- sion as related to the original House Res. 256) waiving points of order tleman from New York? The Chair revision. against the conference report to ac- hears none, and without objection ap- Mr. BILBRAY. Mr. Speaker, will the company the bill (S. 395) to authorize points the following conferees: Mr. GIL- gentleman yield? and direct the Secretary of Energy to MAN, Mr. BURTON of Indiana, Ms. ROS- Mr. DE LA GARZA. I yield to the gen- sell the Alaska Power Administration, LEHTINEN, and Messrs. KING, DIAZ- tleman from California. Mr. BILBRAY. Mr. Speaker, the Sen- and to authorize the export of Alaska BALART, HAMILTON, GEJDENSON, ate has included the reference in the North Slope crude oil and for other TORRICELLI, and MENENDEZ. first section A to include the transpor- purposes, which was referred to the There was no objection. tation, storage, discharge, and release House Calendar and ordered to be f of emissions or disposal thereof, which printed. MAKING IN ORDER ON WEDNES- actually was part of our original bill f DAY, NOVEMBER 8, 1995, CONSID- that came out of committee. They have MIDDLE EAST PEACE FACILITA- ERATION OF SENATE CONCUR- retained the other sections, except for TION ACT OF 1994 EXTENSION RENT RESOLUTION 31, HONORING in reference to cargo and transpor- THE LIFE AND LEGACY OF tation. Mr. GILMAN. Mr. Speaker, I ask YITZHAK RABIN Mr. DE LA GARZA. Mr. Speaker, I unanimous consent that the Commit- Mr. GILMAN. Mr. Speaker, I ask thank the gentleman. tee on International Relations be dis- Mr. Speaker, in behalf of the Com- charged from further consideration of unanimous consent that it be in order on Wednesday, November 8, 1995, to mittee on Agriculture, we have no ob- the bill (H.R. 2589) to extend authori- jection. ties under the Middle East Peace Fa- consider Senate Concurrent Resolution 31 in the House, and that the previous Mr. EWING. Mr. Speaker, today the U.S. cilitation Act of 1994 until December House of Representatives has an opportunity 31, 1995, and for other purposes, and I question be considered as ordered on the resolution to its adoption without to finally remedy one of the unnecessary and ask for its immediate consideration in illogical Federal regulations that led to the cre- the House. intervening motion or demand for divi- sion of the question, except 90 minutes ation of corrections day. H.R. 436, the Edible The Clerk read the title of the bill. Oil Regulatory Reform Act, which I introduced The SPEAKER pro tempore (Mr. of debate equally divided and con- trolled by the chairman and ranking early this year, along with Ms. DANNER of Mis- SHAYS). Is there objection to the re- minority member of the Committee on souri, will restore common sense to the Fed- quest of the gentleman from New eral regulatory process by requiring Federal York? International Relations. The SPEAKER pro tempore. Is there agencies to recognize the obvious differences There was no objection. between edible oils and toxic oils when issuing The SPEAKER pro tempore. The gen- objection to the request of the gen- tleman from New York? and promulgating regulations. tleman from New York [Mr. GILMAN] is There was no objection. In addition to thanking Ms. DANNER, I also recognized for 1 hour. want to thank Speaker GINGRICH, who de- f Mr. GILMAN. Mr. Speaker, I yield serves special credit for establishing the cor- myself such time as I may consume. EDIBLE OIL REGULATORY rections day process which allows the Con- Mr. Speaker, H.R. 2589 temporarily REFORM ACT gress to take expedited action to correct un- extends the Middle East Peace Facili- necessary, and sometime foolish, regulations tation Act of 1994 which expired on No- Mr. BILBRAY. Mr. Speaker, I ask unanimous consent to take from the which hurt our economy and frustrate the vember 1, 1995. That act was previously American public. Lastly, I want to thank Chair- extended by Public Law 10417, by Pub- Speaker’s table the bill (H.R. 436), to require the head of any Federal agency man BLILEY, Chairman ROBERTS, Chairman lic Law 10422, and by Public Law 10430. SHUSTER, and the corrections day task force H.R. 2589 extends the act until Decem- to differentiate between fats, oils, and greases of animal, marine, and vegeta- for all of their cooperation and assistance, ber 31, 1995, and includes the transition which has allowed the House to reach this provision to permit the President to ble origin, and other oils and greases, in issuing certain regulations, and for point, adopt H.R. 436, and send the bill to the immediately exercise the authorities President for his signature. granted him by this extension. other purposes, with Senate amend- ments thereto, and concur in the Sen- The agricultural oils covered by H.R. 436 Mr. Speaker, I ask my colleagues to are nontoxic, natural products, like cooking support the measure. ate amendment. The Clerk read the title of the bill. and salad oils, which many of us eat every Mr. GILMAN. Mr. Speaker, I yield day. Their unnecessarily stringent regulation back the balance of my time. The Clerk read the Senate amend- ments, as follows: forces producers, shippers, and manufacturers The SPEAKER pro tempore. The to comply with costly and counterproductive Page 2, line 8, after ‘‘to’’ insert: ‘‘the trans- question is on the engrossment and requirements, without providing any additional third reading of the bill. portation, storage, discharge, release, emis- sion, or disposal of’’. measure of protection to the environment or The bill was ordered to be engrossed Page 2, line 9, strike out ‘‘any’’ the second enhancing the health and safety of our citi- and read a third time, was read the time it appears and insert ‘‘that’’. zens. third time, and passed, and a motion to Page 2, line 18, strike out ‘‘such’’ and in- Simply stated, H.R. 436 will require Federal reconsider was laid on the table. sert ‘‘that’’. agencies to differentiate between edible oils f Page 2, line 22, strike out ‘‘different’’ the and petroleum-based oils when promulgating first time it appears. Page 2, line 23, strike out ‘‘as provided’’ regulations under the Oil Pollution Act of 1990. APPOINTMENT OF CONFEREES ON This common sense legislation does not H.R. 927, CUBAN LIBERTY AND and insert: ‘‘based on considerations’’. Page 3, line 12, strike out ‘‘carrying oil in change or weaken the underlying principles of DEMOCRATIC SOLIDARITY bulk as cargo or cargo residue’’. the Oil Protection Act of 1990 or other related (LIBERTAD) ACT OF 1995 Page 3, line 13, after ‘‘carried’’ insert ‘‘as statutes like the Clean Water Act. Mr. GILMAN. Mr. Speaker, I ask cargo’’. In passing H.R. 436, Congress is sending a unanimous consent to take from the Mr. BILBRAY (during the reading). strong message to Federal regulators. It is the Speaker’s table the bill (H.R. 927) to Mr. Speaker, I ask unanimous consent Congress' intent for Federal agencies to rec- seek international sanctions against that the Senate amendments be consid- ognize, and not ignore, the differences be- the Castro government in Cuba, to plan ered as read and printed in the RECORD. tween animal fats and vegetable oils and all H 11808 CONGRESSIONAL RECORD — HOUSE November 7, 1995 other oils, including toxic petroleum oil. Spe- The bill embodies the overwhelming senti- The SPEAKER pro tempore. Is there cifically, H.R. 436 requires Federal agencies ment that Congress can and should interject objection to the request of the gen- charged with regulation of the transportation, common sense into various Federal regula- tleman from Texas? storage, discharge, release, emission, or dis- tions. There was no objection. posal of oil to establish a separate class for H.R. 436, requires that Federal regulations A motion to reconsider was laid on animal fats and vegetable oils and to consider differencies between animal fats and vegeta- the table. the differences in characteristics of these edi- ble oils on the one hand, and petroleum prod- f ble oils and other types of oils. ucts on the other. It does not exempt animal While an agency may consider the charac- fats and vegetable oils from any regulatory re- GENERAL LEAVE teristics of animal fats and vegetable oil and quirement. The bill simply requires Federal Mr. BILBRAY. Mr. Speaker, I ask determine that for a particular regulation no regulators to consider the different physical, unanimous consent that all Members differentiation is required, the agency may only biological, and chemical properties of these may have 5 legislative days in which to do that where there are no differences in the oils as opposed to petroleum based oils. revise and extend their remarks and in- characteristics that are relevant to that regula- The Transportation and Infrastructure Com- clude extraneous material on the bill, tion. For example, in the case of regulations mittee has already passed language very simi- H.R. 436, and the Senate amendments dealing with oil spill response, common sense lar to H.R. 436 in two separate contexts: sec- thereto. dictates that the non-toxic, biodegradable, and tion 413 of H.R. 1361, the Coast Guard Au- The SPEAKER pro tempore. Is there nonpersistent characteristics of animal fats thorization Act for fiscal year 1996, and sec- objection to the request of the gen- and vegetable oils be recognized and reflected tion 506 of H.R. 961, the Clean Water Amend- tleman from California? in the oil spill response regulations. It seems ments of 1995. Both bills subsequent passed There was no objection. clear to everybody except Federal regulators the House of Representatives by wide mar- f that the Oil Pollution Act was designed to re- gins. duce the risk of, improve the response to, and Over the last several years, the Committee ANNOUNCEMENT OF INTENTION TO minimize the impact of catastrophic oil spills has gathered testimony and other data indicat- OFFER MOTION TO INSTRUCT ON like the one in Prince William Sound, AlaskaÐ ing that the need for this legisaltion stems pri- H.R. 2126 not to regulate edible agricultural products. marily from the current or proposed regula- DEPARTMENT OF DEFENSE APPROPRIATIONS In fact, vegetable oils have been used to tions under the Oil Pollution Act of 1990 and ACT, 1996 help clean up beaches fowled with petroleum, the Clean Water ActÐstatutes which are (Mr. METCALF asked and was given and vegetable oils are also being explored as under the jurisdiction of the Transportation and permission to address the House for 1 substitute lubricants for machinery in environ- Infrastructure Committee. minute and to revise and extend his re- mentally sensitive areas. This not only dem- When Congress passed the Oil Pollution Act marks and include extraneous mate- onstrates the significant difference between of 1990, in the wake of the Exxon Valdez oil rial.) vegetable oils and petroleum oils, it highlights spill, the focus was on crude oil and other pe- Mr. METCALF. Mr. Speaker, I rise to the fact that animal fats and vegetable oils do troleum products, not on animal fats or vege- ask unanimous consent to address the not pose the same risk to human health and table oils. Although the definition of oil under House for 30 seconds, and to revise and the environment, and should not be treated both the Oil Pollution Act and the Clean Water extend my remarks. the same way. Act can be read to include these products, Mr. Speaker, pursuant to the provi- The financial responsibility relief provided in regulating them under standards developed for sions of rule 28, clause 1(c), I am an- H.R. 436, as amended, applies only to exclu- petroleum oils make no sense. This is a prime nouncing that tomorrow I will offer a sive shippers of animal fats and vegetable example of the kind of regulation run amok motion to instruct the House conferees oils, and it brings industry insurance and that has given rise to the corrections calendar. on the bill, H.R. 2126, to insist on sec- bonding requirements back into line with the This is a common sense reform. It does not tions 8102 and 8111 of the House-passed value of the product. Like the rest of H.R. 436, say that animal fat and vegetable oil should be bill. nothing in this section exempts edible oils exempt from regulation. It merely requires The text of the motion is as follows: from all regulatory requirements. The net ef- Federal agencies to take a second look at Mr. METCALF moves that the managers on fect will be to place transporters of edible oils these substances and regulate them according the part of the House at the conference on on par with other shipments of nontoxic prod- to their relative threat to the environment. the disagreeing votes of the two houses on ucts, and it will allow U.S. agricultural oils to We believe substances that are biodegrad- the bill H.R. 2126 be instructed to insist on able, nonpersistent in the environment, and sections numbered 8102 and 8111 of H.R. 2126 be more competitive in world markets. as passed by the House restricting the de- Although the House has already acted three are essentially components of human and ployment of United States Armed Forces in times on this issue in the 104th Congress, wildlife diets should not be treated the same the former Yugoslavia. H.R. 436 should be adopted as a stand-alone as crude oil. It's that simple. In addition, these f measure because similar language was adopt- products are shipped in much smaller quan- ed twice in the House and once in the Senate tities than petroleum based products and they b 1900 during the 103rd Congress, only to see the have a safety record that is the envy of the SPECIAL ORDERS underlying bills die at the end of 1994. I know marine industry. Only 4 tenths of 1 percent of of no objection to the substance of H.R. 436 the spills from 1986±1992 were from animal The SPEAKER pro tempore (Mr. from any Member of this body, or from the ad- fats or vegetable oils. BUNN of Oregon). Under the Speaker’s ministration. H.R. 436 passed on voice votes I would also add a note of thanks to the announced policy of May 12, 1995, and in both the Commerce and Agriculture Com- bill's primary sponsors, Representative EWING under a previous order of the House, mittees, and in the House on October 10. In and Representative DANNER, and other sup- the following Members will be recog- fact, judging from the bipartisan mix of co- porters, for their efforts. Because it was draft- nized for 5 minutes each. sponsors, H.R. 436 enjoys broad support and ed in a generic, agency-wide manner, H.R. f is absolutely non-controversial. 436 was initially referred to the Commerce Again, Mr. Speaker, I want to thank all of and Agriculture Committees. All of us know, IN MEMORY OF YITZHAK RABIN the MembersÐfrom both sides of the aisleÐ however, that the primary purpose of the bill is The SPEAKER pro tempore. Under a who have worked hard to see H.R. 436 en- to address problems under the Oil Pollution previous order of the House, the gentle- acted, for their input and cooperation on this Act and the Clean Water Act, which are under woman from Connecticut [Ms. issue. It is time to finally solve this problem. the jurisdiction of the Transportation and Infra- DELAURO] is recognized for 5 minutes. I urge my colleagues on both sides of the structure Committee. Therefore, I also want to Ms. DELAURO. Mr. Speaker, I am aisle to support H.R. 436. thank the leadership of both Committees for deeply saddened by the tragic assas- Mr. SHUSTER. Mr. Speaker, I rise in sup- their cooperation in getting this important leg- sination of Israel’s Prime Minister port of H.R. 436, the Edible Oil Regulatory Re- islation to the House floor, through the other Yitzhak Rabin. I offer my sympathies form Act, as amended by the Senate. The leg- body, andÐI hopeÐon its way to the Presi- to the Rabin family, to the Israeli peo- islation passed the House, as part of the Cor- dent. ple, and to all who mourn the loss of rections Day Calendar, on October 10, 1995. I urge my colleagues to support the bill. this great man. The Senate passed the bill with minor amend- Mr. DE LA GARZA. Mr. Speaker, I Yitzhak Rabin was an Israeli patriot ments on November 2, 1995. withdraw my reservation of objection. and courageous leader whose life will November 7, 1995 CONGRESSIONAL RECORD — HOUSE H 11809 be forever intertwined with the history could have the Republican nominee. That is why I hope that we can pass of Israel. As a general, he led the he- We could have the Independent United this constitutional amendment to do roic effort to secure Israel’s existence. We Stand nominee, Ross Perot or away with the Electoral College once As a statesman, he made the historic someone else. I have heard talk of and for all. This is a college that ought decision to seek peace for his nation. Jesse Jackson running as an Independ- to lose its certification. Only a man who so fully understood ent candidate. And who knows who else f the struggle to create a secure and that may be running and winning a sig- The SPEAKER pro tempore. Under a democratic Israel could seize the mo- nificant number of votes? As the sys- previous order of the House, the gen- ment to pursue peace. tem stands, if there is no one that is a tleman from Florida [Mr. DIAZ- It is tragically fitting that Prime clear winner in the Electoral College, BALART] is recognized for 5 minutes. Minister Rabin’s last act was to speak then that election comes to the House [Mr. DIAZ-BALART addressed the in support of the peace process—a dif- of Representatives. ficult yet vital process to which he de- House. His remarks will appear here- In 1992, if that had been the outcome, after in the Extensions of Remarks.] voted the past 2 years of his life. I suspect that the Republican can- I can add little to the words Yitzhak didate would have been concerned f Rabin spoke on his last day. He said: ‘‘I about coming into the House of Rep- The SPEAKER pro tempore. Under a was a military man for 27 years. I resentatives, which was controlled by previous order of the House, the gen- waged war as long as there was no the Democratic Party. And so in 1996 it tleman from American Samoa [Mr. chance for peace. I believe there is now is fair to say the Democratic candidate FALEOMAVAEGA] is recognized for 5 a chance for peace, a great chance, and may have some hesitation about com- minutes. we must take advantage of it for those ing to the House of Representatives [Mr. FALEOMAVAEGA addressed the who are standing here, and for those controlled by the Republican Party. House. His remarks will appear here- who are not here—and they are many. But I will tell you who really ought to after in the Extensions of Remarks.] I have always believed that the major- be upset, would be an Independent can- ity of the people want peace and are f didate who has to come to a House that ready to take a chance for peace.’’ The SPEAKER pro tempore. Under a they do not have any votes, Republican Yitzhak Rabin has done as much as previous order of the House, the gentle- or Democrat, in. anyone to build the Jewish state, de- woman from California [Mrs. fend it in time of need, and foster rela- Why do we not end this anachronism, SEASTRAND] is recognized for 5 min- tionships with Israel’s neighbors so this vestige of the past, this Electoral utes. that future generations will know College, by simply saying that the can- [Mrs. SEASTRAND addressed the peace instead of war. We mourn the didate that gets over 40 percent of the House. Her remarks will appear here- loss of Yitzhak Rabin and pray that his vote, the popular vote, is the winner. after in the Extensions of Remarks.] life’s work may continue. And indeed, if no candidate gets 40 per- cent of the vote, then the top two vote- f f getters have a runoff until one wins. TOLEDO COMMUNITY REMEMBERS The SPEAKER pro tempore. Under a That is what the American people de- previous order of the House, the gentle- AND PAYS TRIBUTE TO YITZHAK serve. RABIN woman from Florida [Ms. ROS- Some will say, well, if you do away LEHTINEN] is recognized for 5 minutes. The SPEAKER pro tempore. Under a with the Electoral College, this winner- previous order of the House, the gentle- [Ms. ROS-LEHTINEN addressed the take-all system whereby, if a presi- woman from Ohio [Ms. KAPTUR] is rec- House. Her remarks will appear here- dential candidate gets 1 more vote in after in the Extensions of Remarks.] ognized for 5 minutes. the State of West Virginia than the Ms. KAPTUR. Mr. Speaker, last f other candidates, that presidential can- evening on November 6, the greater To- CALLING FOR ABOLITION OF didate takes all 5 of our State’s elec- ledo community gathered at Temple ELECTORAL COLLEGE toral votes, or if they get 1 more vote Shomer Emunim to pay tribute to the of the popular vote in the State of Cali- heroic life of Israeli Prime Minister The SPEAKER pro tempore. Under a fornia, they get all 54 of those electoral previous order of the House, the gen- Yitzhak Rabin. Our citizenry humbly votes, some say that small States may assembled—Jew, Muslim, Hindu, Chris- tleman from West Virginia [Mr. WISE] lose out on this. I do not buy that. is recognized for 5 minutes. tian, people of all faiths and denomina- Mr. WISE. Mr. Speaker, 1 year from First of all, to be honest with you, tions—to stand together as free people, now, 1 year from this week, the entire presidential candidates do not drop in a of diverse heritage, to light candles of Nation will be watching the results of great deal on us small States. They commemoration and of peace. Our peo- the 1996 presidential election. As 1992 may fly through occasionally, have a ple wished to demonstrate that here in had a lot of suspense to it, including tarmac press conference at the airport, the United States—a Nation dedicated three candidates, 1996 could be a real but they are not spending a lot of time. to justice, human betterment, and ‘‘E roller coaster ride. They are going after the big populous Pluribus Unum’’—One from many—we That is why I am introducing legisla- States. stand at one with people of peace, tion today that would amend the Con- But the second thing is this. Why is wherever they reside. stitution of the United States to do it that if I vote and I vote for the win- We witness through our unity as well away with the Electoral College and ning candidate in West Virginia, my as our deep sorrow that the hope for the winner-take-all system that says vote in effect is multiplied times five? peace for which Prime Minister Rabin that a presidential candidate who wins My vote equals five electoral votes. laid down his life will enlarge the re- even by 1 percent of the votes in a But somebody with the winning can- solve of the entire world to bring its State therefore takes all the electoral didate in California, their vote is mul- human and spiritual resources to bear votes in that State. tiplied by 54, the number of electors on the Middle East peace process. May The reason I am calling to do away from California. the cause for which he so nobly shed with the Electoral College is because I So for these reasons, I think it is es- his blood be sanctified. think 1 year from today we should not sential that we make sure that the The heartfelt remarks of Rabbi Alan have the kind of possible suspenseful American public feels secure about the Sokobin, cochair community relations outcome that could happen. Because, election process, and understands that of the Jewish Federation of Greater Mr. Speaker, 1 year from today, as I it cannot be taken away and that the Toledo, delivered with eloquence, of- read the newspapers and as I look at person who gets the most votes is the fered deep comfort and inspiration. Let the tea leaves, we could have as many person who ends up being elected Presi- them be inserted in this RECORD as his- as four presidential candidates on the dent; not the person getting the most torical evidence of the international ballot. votes, perhaps getting outdone and po- understanding of our Toledo commu- We could have the Democratic nomi- litically outmaneuvered in the House nity and the deep desire of all our peo- nee, presumably William Clinton. We in a later election. ple for reconciliation. H 11810 CONGRESSIONAL RECORD — HOUSE November 7, 1995 Those officiating at the ceremony included: times when implacable enemies used the country and his people who had been tor- Michael Berebitsky, president of the Jewish sword and inflicted unbearable pain. tured by generations of war, a people who Each time that I spoke to and for the com- Federation of Greater Toledo; Rabbi Samuel knew well the torment of mangled bodies munity, I faced my own humanness and my and hasty funerals, to peace. He had walked Weinstein, Temple Shomer Emunim; Cantor own personal limitations. I could not explain with grieving families accompanying their Judy Seplowin, Temple Shomer Emunim; those verities which were beyond my ken. I loved ones to their place of peace in the mili- Cantor David Friedes, Temple Bnai Israel; could not really interpret the activities of tary cemetery. Now he asked them to walk Rabbi Arnold Bienstock, Temple Bnai Israel; others that were outside of my understand- with him on a path of hope, not of promises, Judah Segal, executive director of the Jewish ing. I could not and still cannot understand, but trust and faith. He asked them to sing a Federation of Greator Toledo and Jewish com- comprehend, the depth of hatred in some new song, a song of peace. munity representatives; Cantor Evan Rubin, that they would wage war and commit ter- We have gathered together on this sorrow- rorism. I could not and still cannot under- Congregation Etz Chayim; Rabbi Edward ful and melancholy evening not to mourn a stand the malignity and cruelty of human man. By any measurable standard he was im- Garsek, Congregation Etz Chayim; and Rabbi beings who are willing to, who desire to, in- mensely successful and fulfilled. he was a Sokobin. flict excruciating pain on others. richly loved and loving husband, parent and Mr. Speaker, Rabbi Sokobin spoke on But in the past it was enemies of the Jew- grandparent. He was an eminent soldier and behalf of our entire community when ish people who were uncompromising and un- statesman, honored by the world for his he said of the death of Prime Minister relenting in their hostility. It was enemies achievements. Beyond these accomplish- Rabin: ‘‘We all now share a pain which who had views of destruction on their lips. ments, which reflected both his leadership This is the first time where the ripping, sear- will not go away.’’ qualities and his humaneness, Yitzhak Rabin ing pain was caused, generated, not by a foe. fulfilled a fundamental Biblical mandate Then he reminded us of the life of What crushes my soul, causing agonizing And they shall beat their swords into plow- Prime Minister Rabin: soul searching, is what so many have said shares [All his life, almost all his years were with simple majesty, ‘‘Jews don’t kill Jews.’’ And their spears into pruning hooks years of war. He was a first generation Sabra Until now it has been a truism, an irref- Nation shall not lift up sword against na- born of parents who fled persecution in Eu- utable axiom, that the political and ideologi- tion rope. His parents met when they fought side cal cannibalism that infects and contami- Neither shall they learn war anymore. by side defending the Jews of the Old City nates other societies has not tainted Jewish (Micah 4:3) who were defenseless when attacked in the life. Until now! orchestrated riots, the pogroms, of 1920. As a Yitzhak Rabin’s life was taken by a sense- child of the thirties he was aware of tragedy less, irrational, stupid and unthinking act. This memorial service honors Yitzhak enveloping the Jews of Europe. In Palestine, That the finger that pulled the trigger had Rabin, a planter and a soldier. He protected there were descriptions of horror as Euro- pointed to words in Torah is unthinkable! his people, their ideals, and planted within pean Jewry was being wrapped in bloody That a Jew could denigrate all that we rep- them new hope. A hope which is ours as shrouds of hatred. He was very conscious, resent, our ideals, our sanctified mission, the Jews. But our service is not only a memo- deeply affected, by both the hatred of Jews visions enunciated in our tradition, our God rial. It is our response to our initial ques- in Europe and the enmity of Arabs. given flawless purposes is monstrous. We all tion. How could a Jew slaughter another His youthful passion was agronomy. He now share a pain which will not go away. Jew? I have heard, as you must have as well, wanted to plant, to cultivate, to inspire the That this pain would be generated by the as- numerous commentators refer to the ‘‘loss of sacred soil to flourish. A young man of ex- sassination of Yitzhak Rabin is also un- innocence’’ in Israel. Innocence meaning na- ceptional intelligence, at Kadoorie Agricul- thinkable. He in his life represented Israel’s ivety, perhaps. But innocence meaning pu- tural School, he was the number one stu- and the Jewish people’s highest hope. In the rity, integrity, utopian idealism is not lost. dent. He achieved the highest score, com- moments prior to his death he exemplified No one can take this from us. Not as long as parable to one SAT scores, in Palestine. But and epitomized the torturous path of our we maintain those ideals, those sacred pur- he gave up his personal dream and accepted people in our generation. poses. We are a sanctified people. We are not onerous responsibility. He became a soldier. All his life, almost all his years were years pragmatic: we are prophetic. For us, this is He dropped the plowshare and took up the of war. He was a first generation Sabra born our moment of recommitment. Now we dedi- sword. His adult life was the sword. His army of parents who fled persecution in Europe. cate ourselves to share with our fellow Jews service was dedicated to killing. As a young His parents met when they fought side by of Israel, our brethren throughout the world man he killed, personally. Later, as a mili- side defending the Jews of the Old City who in all our habitations to seek a path of rec- tary commander he directed others that they were defenseless when attacked in the or- onciliation and equitable peace. might kill. He was well acquainted with chestrated riots, the pogroms, of 1920. As a We would have a peace predicated upon the death. child of the thirties he was aware of tragedy ancient principles enunciated in our sacred His final evening of life, at a rally for enveloping the Jews of Europe. In Palestine, tradition. We must devote ourselves to an- peace he joined in singing the song: Shiru there were descriptions of horror as Euro- cient the mandate given us by the great shir la-shalom, sing a song of peace]. pean Jewry was being wrapped in bloody Rabbi Hillel. shrouds of hatred. He was very conscious, Be of the disciples of Aaron. Mr. Speaker, it is our desire as the deeply affected, by both the hatred of Jews Love peace, pursue peace. Toledo community on an interfaith and in Europe and the enmity of Arabs. Reach out to your fellow human being. interdenominational basis to journey His youthful passion was agronomy. He (Ethics of the Fathers). to the Middle East and to Israel as we wanted to plant to cultivate, to inspire the We must stretch forth our hands, reaching recommit ourselves as witnesses to sacred soil to flourish. A young man of ex- across the gulf of hostility, to create peace, amity, concord and hope. peace and in his memory and in our ceptional intelligence, at Kadoorie Agricul- tural School, he was the number one stu- own way help Prime Minister Rabin’s f dent. He achieved the highest score, com- The SPEAKER pro tempore. Under a dream of peace reach ultimate fulfill- parable to our SAT scores, in Palestine. But ment. he gave up his personal dream and accepted previous order of the House, the gen- May God rest his soul and give com- onerous responsibility. He became a soldier. tleman from Arizona [Mr. SHADEGG] is fort to his family, the people of Israel, He dropped the plowshare and took up the recognized for 5 minutes. and peace-loving peoples everywhere. sword. His adult life was the sword. His army [Mr. SHADEGG addressed the House. Mr. Speaker, I include the remarks of service was dedicated to killing. As a young His remarks will appear hereafter in man he killed, personally. Later, as a mili- Rabbi Sokobin for the RECORD, as fol- the Extensions of Remarks.] tary commander he directed others that they lows: might kill. He was well acquainted with f I have stood before you and represented death. The SPEAKER pro tempore. Under a you in other dolorous occasions. During mo- His final evening of life, at a rally for previous order of the House, the gen- ments of personal grief when your beloved peace he joined in singing the song: Shiru, tleman from Indiana [Mr. MCINTOSH] is lay before you and your grief required ar- shir la-shalom, sing a song of peace! He was recognized for 5 minutes. ticulation you turned to me for words to tell blessed with active intelligence, deep com- of the immensity of your sorrow. I spoke for mitment, dedication and unusual ability but [Mr. MCINTOSH addressed the House. you other times as well. When we all were he was not endowed with a singing voice. But His remarks will appear hereafter in gripped by unbearable excruciating com- he sang, Shini Shir la-shalom which is the the Extensions of Remarks.] munal anguish such as that time of evil Israeli equivalent of sixties song. ‘‘All we are f when the Israeli athletes were massacred at asking, is give peace a chance.’’ This was his Munich. Who can forget our emotions when final vision, his hope. He wanted the blessing The SPEAKER pro tempore. Under a there was that craven attack on Yom to live to see his Israel proud, strong, pro- previous order of the House, the gen- Kippur, our holiest of days. We have gath- ductive, living in amity and concord in the tleman from Maryland [Mr. EHRLICH] is ered together as caring community too many family of nations. He wanted to lead his recognized for 5 minutes. November 7, 1995 CONGRESSIONAL RECORD — HOUSE H 11811 [Mr. EHRLICH addressed the House. Mr. ROHRABACHER. Mr. Speaker, memorial to those Marines who died in His remarks will appear hereafter in November 10 will mark the 220th birth- Beruit. the Extensions of Remarks.] day of the U.S. Marine Corps. MARINES IN BERUIT f I would like to take this opportunity (By Dana Rohrabacher) The SPEAKER pro tempore. Under a of the Marine birthday to express some They came in peace to a distant shore. previous order of the House, the gen- thoughts that have come to mind as we The gallant warriors of the Corps tleman from Washington [Mr. consider a long-term commitment of To risk their lives yet once more United States ground forces in Bosnia. Always faithful, ever more. METCALF] is recognized for 5 minutes. With the dread of flag-draped coffins It’s ‘‘Yes sir, can do’’ [Mr. METCALF addressed the House. arriving back to America from the Bal- The Marines salute, and then come through. His remarks will appear hereafter in kans in mind, I drove to the Beirut Me- They landed in Beruit’s bloody scene the Extensions of Remarks.] morial yesterday, and that is at the Such is the life of a Marine. f Marine base at Camp Lejeune, NC. On deadly turf confused and mean— The SPEAKER pro tempore. Under a The Marines have a spirit, and they Political pawns in a foolish scheme. previous order of the House, the gen- call it Esprit d’Corps, which bonds all But it’s, ‘‘Yes sir, can do’’ The Marines salute, and then come through. tleman from California [Mr. KIM] is Marines together as they march in recognized for 5 minutes. lockstep doing their country’s bidding They knew that something had gone wrong When their short mission went on and on [Mr. KIM addressed the House. His overseas. They march forward with a flame in their heart which symbolizes With no objective, yet they stayed strong. remarks will appear hereafter in the Courage sometimes means holding on. Extensions of Remarks.] the best of what makes this country great. Holding ground where snipers reign, f Hold faith in our country’s game, When I went to the memorial there Their bullets pouched. It’s insane, The SPEAKER pro tempore. Under a in North Carolina, next to the Marine previous order of the House, the gen- but Marines take orders and don’t complain. base, there is a wall which memorial- It’s ‘‘Yes sir, can do’’ tleman from Arizona [Mr. HAYWORTH] izes the 240 Marines that were blown up is recognized for 5 minutes. The Marines salute, and then come through. in 1983 when a mad bomber burst into For the fools in charge they had to pay [Mr. HAYWORTH addressed the their encampment and blew up the And on the dawning of that day House. His remarks will appear here- building in which they were sleeping. Death could not be held at bay after in the Extensions of Remarks.] These Marines are heroes. Their By guards whose bullets were stashed away. f names are not on the Vietnam Wall, al- The explosion killed our gallant men. The SPEAKER pro tempore. Under a though many of the Marines who were Yet we know they’d go again previous order of the House, the gen- killed were actually Vietnam veterans. if called by country, or country’s friend. One of the Marine names, Sgt. David These heroes, alas, won’t fight again. tleman from Pennsylvania [Mr. ENG- Battle, was my brother’s best friend Never send Marines to die LISH] is recognized for 5 minutes. and our families were very close. Unless it’s clear the reasons why. [Mr. ENGLISH of Pennsylvania ad- Now as we talk about deploying for heroes must know that we will try dressed the House. His remarks will ap- troops, we should not forget the trag- to take to heart their families’ cry. pear hereafter in the Extensions of Re- edy of what happened there in Beirut For it’s ‘‘Yes sir, can do’’ marks.] in 1983, over 10 years ago now. It was The Marines salute, and then come through. f very similar to what we see in the Bal- We let them down, but we won’t do it again. The SPEAKER pro tempore. Under a kans. It was a very confusing situation. f previous order of the House, the gen- In fact, very shortly after the arrival, The SPEAKER pro tempore. Under a tleman from Florida [Mr. the political situation was so confused, previous order of the House, the gen- SCARBOROUGH] is recognized for 5 min- and the Marines became so entangled, tleman from Pennsylvania [Mr. FOX] is utes. that the State Department set down a recognized for 5 minutes. [Mr. SCARBOROUGH addressed the policy that the Marines were to have [Mr. FOX of Pennsylvania addressed House. His remarks will appear here- no ammunition, no bullets in their the House. His remarks will appear after in the Extensions of Remarks.] guns. And when eventually a bomber hereafter in the Extensions of Re- came to break through the perimeter f marks.] to get to the Marines with a truck f The SPEAKER pro tempore. Under a laden with explosives, the Marine previous order of the House, the gen- guard did not have a bullet in his gun VACATION OF SPECIAL ORDER tleman from Michigan [Mr. SMITH] is to stop that truck. Mr. POMEROY. Mr. Speaker, I would recognized for 5 minutes. We did not do right by the Marines ask unanimous consent to vacate my [Mr. SMITH of Michigan addressed by sending them into that situation, request for 5 minutes. the House. His remarks will appear and we should keep them in mind and The SPEAKER pro tempore. Is there hereafter in the Extensions of Re- keep in mind that there are people who objection to the request of the gen- marks.] sacrifice and lose their lives when we tleman from North Dakota? f make decisions like sending people to There was no objection. The SPEAKER pro tempore. Under a the Balkans. f previous order of the House, the gen- Unless it is in part of America’s in- terest, we should not be putting our BUDGET PLACES WORKER tleman from Indiana [Mr. BURTON] is PENSIONS AT RISK recognized for 5 minutes. people’s lives at stake. Looking at that memorial with the The SPEAKER pro tempore. Under [Mr. BURTON of Indiana addressed 240 names listed, the statue of the fall- the Speaker’s announced policy of May the House. His remarks will appear en Marine and the words ‘‘They Came 12, 1995, the gentleman from North Da- hereafter in the Extensions of Re- in Peace’’ on the wall of the memorial kota [Mr. POMEROY] is recognized for 60 marks.] this weekend at Camp Lejeune, I wrote minutes as the designee of the minor- f the following poem which I would now ity leader. like to read and have inserted into the Mr. POMEROY. Mr. Speaker, in the MARKING MARINES BIRTHDAY IN RECORD. course of my time this evening, and I LIGHT OF CONSIDERATION OF It is entitled ‘‘Marines in Beirut.’’ am not going to use the entire 60 min- COMMITTING TROOPS TO BOSNIA utes, I will be discussing the issue in b The SPEAKER pro tempore. Under a 1915 the budget that places at risk worker previous order of the House, the gen- I am sorry if it sounds schmaltzy to pensions. I will be discussing that in tleman from California [Mr. some people, or if it sounds a little too some detail. ROHRABACHER] is recognized for 5 min- patriotic or whatever, but this reflects Before beginning that topic, I want utes. my feelings after having visited this to say a couple of things. First, I would H 11812 CONGRESSIONAL RECORD — HOUSE November 7, 1995 commend my colleague. I thought the any purpose, notwithstanding the fact Having been an insurance commis- poetry which he professes to have au- that there might be a resulting threat sioner during the eighties, I was re- thored was excellent. Very, very dis- to solvency. So much as a 1 percent in- sponsible for regulating the solvency of tinct and captures, I think, a lot of the terest downturn would take these 125 insurance companies. As I did that, I emotions many of us have around the percent of termination liability plans also watched carefully what was hap- Lebanon tragedy. and put them under water. Notwith- pening to the solvency of pension Second, I would also express my deep standing that risk, no hearings. plans, and what I saw I did not like; be- feelings of sadness about the death of Mr. Speaker, when one of the Mem- cause in the go-go eighties, the men- Yitzhak Rabin. I have, as a second bers offered an amendment that said, talities of corporate takeovers, we term Member of this chamber, heard well, at least notify the workers that began to see a run on corporate pen- the presentations of many world lead- we are going to take their pension sions. ers from the podium here. No one has funds, that amendment was also de- Often predators, trying to buy in a so impressed me as Yitzhak Rabin feated. So we have no hearing, no op- hostile buyout situation, a corporation when he spoke about the long march portunity for public input, the defeat would use the workers’ own pension toward peace. of a provision that would have allowed funds to finance the buyout. The great He had committed his life for his for at least worker notification if their irony for workers is that their retire- country, he had been his country’s pension fund is robbed. Then some of ment savings, the pension fund, would leading warrior, and now he felt the us, because of the magnitude of this actually be used to finance the hostile moment was right for peace. The sheer proposal, and let me tell my colleagues takeover that resulted in their loss of courage and moral authority he that $40 billion places at risk the pen- jobs. When the takeover artists en- brought to the leadership of his coun- sions of millions of workers, and be- acted their downsizing and their cut- try in trying to react and trying to re- cause of that we sought a rule. We backs, their own pension funds fi- sult in peace was really overpowering. sought a rule that would allow an nanced the hostile takeover resulting He could convey it personally and he amendment. Straight-up vote. We in their loss of a job. Can you imagine could even convey it through the tele- think this is a horrible idea, let us air anything worse? vision, for those of us that watched it out on the floor of the House Over the 1980s, Mr. Speaker, we began him in that forum as well. straight up or down. Give us a vote. to see acceleration in the tendency of Mr. Speaker, his loss is a real trag- We were denied the vote. The Com- money to flow from pensions. In 1982, edy to the world. mittee on Rules did not allow us to $44 million. In 1983, you can see the Now, on to the pension issue. offer an amendment striking this pro- amounts accelerating, until the total One of the proposals that concerns vision out because they wanted it sewn tally of money that flew out of pen- me the most, Mr. Speaker, in a budget tightly into that huge Budget Rec- sions in the 1980s was estimated at $20 reconciliation act that is full of pro- onciliation Act. They wanted to pass it billion. Twenty billion dollars. And I posals that concern me, is a plan that in the sheer weight of this many hun- will tell the American people, Mr. would allow the withdrawal of pension dreds of pages of proposals. Speaker, that some of the pension funds across this country of $40 billion. I ask myself, Mr. Speaker, why in the funds that experienced those raids I will be discussing this plan over the world would they put worker pension never came back, and some of the em- next 7, 8, 9, maybe 10 minutes. I have funds at issue? We recognize as a coun- ployees covered by those pensions did an hour. I invite any Member of this try we have a savings crisis. People are not receive what was owed to them in chamber, any Member of the House of not saving enough for their own pen- retirement savings. We can see the dra- Representatives that favors this pro- sions. In fact, this is the very budget matically accelerating raid on pen- posal, to join me on the House floor. that takes a run at Medicare, reduces sions. Because I would be very happy to de- what people will have under Medicare To deal with this situation, past Con- bate it in its technical dimension or in in the future. So why in the world, if gresses, operating on a bipartisan its public policy dimension. we are going to reduce things like Med- basis, because they understood that So if Members are watching this icare, which are public programs help- this country has an interest in having presentation, I would urge them to ing people in their retirement, why people have healthy pension funds, on come to the floor and try to make their would we put at risk their private pen- three separate occasions enacted re- case. I do not think there is much of a sion funds? case to be made for a proposal that The answer is one of two. First, let strictions on people’s ability to pull would jeopardize workers’ pensions to me give you the budgetary answer they money out of their pension funds in- the tune of $40 billion across this coun- have floated. If $40 billion comes out of tended for their workers. First, they try. pension funds, the U.S. Treasury col- enacted an excise tax that was going to Mr. Speaker, the issue, as I see it, is lects a tax on it. It adds about $9 bil- slow that up. They enacted a 15 percent should protections that presently exist lion to the pension budget picture in excise tax to slow down the growth. within the law, protecting solvency of the short run. It might strike the That was not enough, and, as we can pension programs, be maintained. The American people as more than a little see on this chart, money continued to House budget has proposed eliminating curious that they would jeopardize flow out. So they added to that the the excise tax that prevents the with- long-term worker pension needs for a penalty for withdrawing from the pen- drawal of pension funds exceeding 125 short-term hit to the budget, but that sion funds and the amounts slowed, and percent of termination liability. They seems to be the gamesmanship under- the amount virtually stopped at the would eliminate the excise tax alto- lying this proposal. present protection, 50 percent excise gether until July 1 of 1996 and then im- Maybe there is another answer. The tax on the withdrawal of the excess pose a 6.5-percent tax thereafter. other thing that I can think of is that funds in pension funds. That left, as I The process leading up to the inclu- somebody has some powerful friends, mentioned earlier, a total of $20 billion sion of this provision in the House and that somebody, corporation some- out of those funds. Compare that to the budget is, in my opinion, truly star- where, wants to get at their pension $40 billion projected under the plan to tling, even for a Congress that is full of kitty, and they have convinced this come out if the protections are re- startling shortcuts. In process, this one Congress, the Committee on Ways and moved as proposed in the House-passed takes the cake. Forty billion dollars in Means and congressional leadership, to budget. workers’ pension funds placed at risk allow them to get at those pension Now, the resulting exposure if pen- for a proposal that did not have a sin- funds because they want them. sion plans start going bust all over the gle hearing. No hearing. It was placed It has to be one of two, a short-term country, because people have pulled in the Budget Reconciliation Act in the budget gimmick or unbelievable favors out all this $40 billion, hits in two context of a Committee on Ways and for special friends. In any event, it de- ways. First of all, it hits the worker Means markup. They eliminated the serves more debate. that does not get their full benefits be- solvency protections, allowed corpora- Mr. Speaker, I want to talk a couple cause the pension plan is under water; tions to grab those excess funds, for of minutes about the history of this. second, it hits taxpayers. We all have a November 7, 1995 CONGRESSIONAL RECORD — HOUSE H 11813 stake in this because the pension pro- the world they would allow a worker amount they are expected to pay in the grams are guaranteed by an insurance pension program to be raided to the future. program ultimately funded by tax- tune of $40 billion, what was their mo- That was a way of reducing the payers. Guaranteed by taxpayers kind tive in doing it, no one has joined me amount they were committing to the of like the savings and loan insurance in the well or in the Chamber to con- future and maximizing what they had deal that cost taxpayers billions. This duct that kind of debate. available for cash flow, even though is insured by the Pension Benefit Guar- Mr. Speaker, I let that challenge that was an incompetent management anty Corporation. The PBGC. stand, and I will be back this week on team that should have been replaced. So, ultimately, workers get less on other special order presentations fully Well, we are going to see it again. In- their pensions and taxpayers are asked prepared to debate with all comers this competently run corporations are to pick up the difference. Tremendous pension issue. It is a ripoff for working going to steal from their workers’ pen- future liability exposure to taxpayers men and women, make no mistake sion cash kitty, forestalling the day of under this proposal. That is why, Mr. about it, and will happen in one of reckoning that faces that corporation Speaker, when I first saw the proposal three ways. Predator companies that and jeopardizing the solvency of the I asked the Pension Benefit Guaranty want to take over a corporation will workers’ pension fund while they are at people what they thought of it. Their assess how fat their pension fund is, it. response was unequivocal. At the how secure their workers’ retirement Any way you slice it, these are unac- PBGC they believe this proposal places is, and they will base their takeover on ceptable outcomes for our workers. It distinctly at risk the pensions of mil- whether they can bleed out pension is unacceptable that Members would lions of workers across the country. funds to finance the takeover. We have propose a $40 billion hit on the private They have done various studies that seen it in the eighties, and we are pension funds of our workers and try show that plans which are healthy going to see it in the nineties under and justify it. This is a case of where today would, if they drew down to the this proposal. the Republican agenda has gone way limit allowed in the budget, be in seri- Second scenario, a corporation that too far. This is a case where I cannot ous financial shape in the future. cares a lot about the future retirement understand for the life of me, and I try to be a bipartisan Member of this b 1930 of its workers that has really tried to prudently manage their pension plan Chamber, I think we need more of that This thing has got to be stopped, and for solvency, that understands that in the country, not less, but I cannot I will tell my colleagues my deep con- they succeed as a corporation only be- understand why they would walk lock- cern as we go into conference commit- cause of the work of their workers and step on a proposal that so brazenly as- tee in the budget. It was initially pro- wants to be steadfast in their commit- saulted the sanctity of private pension posed in the Senate as well. Now, the ment to their retirement, will have to funds necessary for the retirement ob- Senate can do something that we can- look again at their pension fund be- ligations of their workers. not in the House. They can have We have got to stop this proposal, cause they will know that the preda- straight-up votes on whether this is a and that is why again in closing I tors out there, the ones that I de- good proposal that ought to move for- would urge every Member of Congress scribed under the first scenario, are ward. In response to the amendment of- to write, to contact, to call the House taking a look at whether they can take fered in the Senate that we were pre- of Representatives in the budget con- over this corporation and use the work- cluded, prevented from offering in the ference on this issue. I would hope that ers’ pensions to pay for it. Not only the House, the Senators voted 95 to 4 to we would be joined in this effort by predators will come after the pension take this out of their proposal. workers across the country to contact funds, but even excellent corporations It is still in the House version, and I their Member of Congress and say, that fear takeover are going to have to have every reason to believe that there ‘‘Enough. Enough foolishness out of look at whether they need to draw is very strong feeling in the House for Washington. Do not place our pension down in the pension fund, place the the passage of this particular proposal. funds at risk.’’ workers’ pension funds at risk to avoid They will try and blow it through in f conference committee and tuck it into a hostile takeover. the folds of this massive Budget Rec- There is a third scenario, one that I IN MEMORY OF YITZHAK RABIN onciliation Act. And so the time for us, used to watch as insurance commis- The SPEAKER pro tempore (Mr. sioner. This is the struggling corpora- Members of Congress, who have a con- BUNN of Oregon). Under a previous cern about this raid on workers’ pen- tion, a corporation that is being badly order of the House, the gentleman from managed, needs money, and cannot sions is now. We must let the conferees California [Mr. DORNAN] is recognized on the budget know that it is not ac- quite function in terms of meeting op- for 5 minutes. ceptable to place employees’ pensions erating costs based on revenues. They Mr. DORNAN. Mr. Speaker, I was un- at risk in this fashion. have a couple of options. They can go able to get back from the presidential I would hope that we would be joined to a bank, they can try and raise straw poll in Maine in time to join the in this effort by workers across the money privately, stock offerings and CODEL, the congressional CODEL that country whose future retirement secu- the like, but either of those prospects left a few hours before Air Force One to rity depends on the solvency of their bring questions. How come you are go over to Jerusalem, the most beau- pension funds. I would like these work- being managed at a cash-flow loss? tiful city on this small delicate earth ers across the country to write to their Why are you not doing more to im- and pay my respects to Rabin, but I Congressmen and let them know what prove your efficiency and productivity? wanted to share something with my they think of a proposal that would Those are questions that go right to colleagues that I have been sharing allow $40 billion to flow out of that the caliber of the leadership of that with my rather large family all week. pension fund. Those workers should corporation. Maybe they do not want Mr. Speaker, that is for some won- know, as they write to their Congress- those questions asked. Maybe the derful reason I had at least 10 minutes, man, that if their Congressman hap- CEO’s know they are not going to pass maybe more, alone with Prime Min- pens to be a Republican Member of this muster. It is real easy to dip in the ister Rabin in the old House of Rep- body, he or she has already voted for workers’ pension fund and take a little resentatives Chamber, Statutory Hall. this pension raid. It is not too late to out of the pension kitty to fund cash We both went over to get a Coca-Cola, correct this mistake, but we better get flow. If they qualify on the reserves, no a Pepsi. I started talking to him and after it, every Republican member hav- one is going to look. for some reason people respected us en- ing voted for this raid on pension I saw this a little bit when I was in- gaged in conversation. funds. surance commissioner. The first indi- Mr. Speaker, I asked him about a line It is unacceptable, and although I cation of an insurance company head- that he made in his closing remarks in have issued an invitation to any Mem- ing into insolvency was that they the ceremony in our wonderful Ro- ber who cared to come down and debate would underfund their future liabil- tunda under the Capitol dome for the the other side to supply to us how in ities. They would underfund the 3,000th anniversary ceremony here on H 11814 CONGRESSIONAL RECORD — HOUSE November 7, 1995 Capitol Hill for the founding of the ceremony to have tears running down ask you to rest in peace, and think about us, beautiful city of Jerusalem, when my face, because out of my five chil- and miss us, as down here we love you so David bought a small hilltop from a dren, four are freckle-faced red heads. I very much. I imagine angels are accompany- man named Ornan, O-R-N-A-N. have my first freckle-faced red head in ing you now and I ask them to take care of you, because you deserve their protection. When I was in Israel on one of my 15 a ninth grandchild, Liam, who is stay- trips there, I obviously memorized that ing with me this week. And when his f name as I heard it because I put D, for beautiful granddaughter got up, Noa, STAY THE COURSE David, in front of Ornan and got DOR- N-O-A, and said to all the leaders from NAN. That as a way of remembering it. around the world these simple words: The SPEAKER pro tempore. Under When he bought Mount Zion and ‘‘Please excuse me for not wanting to the Speaker’s announced policy of May Mount Moriah and started that tiny talk about the peace. I want to talk 12, 1995, the gentleman from North little city, David then still not much about my grandfather.’’ Carolina [Mr. JONES] is recognized for older than the shepherd boy who had Mr. Speaker, I have a tenth grand- 60 minutes as the designee of the ma- killed Goliath, the Philistine, little did child, son or daughter, due in January, jority leader. he know how many times he would of- and I would like to put all of her words Mr. JONES. Mr. Speaker, before I in- fend God or how many times he would in, Mr. Speaker, that follow from that, troduce those that are joining me to- please God, or write the most beautiful because it is the most beautiful eulogy night, I am pleased to share with those of all poetry, the Psalms, or that he I believe I have ever heard from a child that might be viewing that tomorrow would father the great Solomon, the or grandchild about one of their elders will be one year since the new Repub- next Israeli king after himself. in my entire life. lican Majority was elected. Tonight, I I pointed out to Mr. Rabin that he At some point I will read all of her am pleased to have at least five or six had used a line in his remarks in the words into the RECORD. I want them to of my colleagues, freshmen colleagues Rotunda speaking about the chill of ring forever in this Chamber. Thank from throughout the United States of the handmade armored cars among the you Mr. Speaker, and I thank my col- America. The gentleman from Arizona pines. league. [Mr. SALMON], the gentleman from Mr. Speaker, I knew what he was ref- Mr. Speaker, I submit the following California [Mr. RADANOVICH], the gen- erencing. In little workshops in Tel for the RECORD. tleman from Arizona [Mr. HAYWORTH] Aviv they had built handmade armored GOODBYE TO A GRANDFATHER: WE ARE SO the second gentleman from Arizona, cars. They took small, old trucks, some COLD AND SO SAD and the gentleman from Texas [Mr. of them pre-World War II trucks, in the The granddaughter of Yitzhak Rabin, Noa STOCKMAN]. Possibly, before we finish 1948 war, put sheets of metal around Ben-Artzi Philosof, 17, spoke at his funeral. the 1 hour, the gentleman from Flor- them. Welded them. They looked for Her remarks were translated and transcribed ida. all the world like something out of by The New York Times. Please excuse me for not wanting to talk Mr. Speaker, we all are freshmen Jules Verne in the middle of the 1800’s. that were elected last year to help Then they would take these trucks about the peace. I want to talk about my grandfather. change America. To build a better southeast up from Tel Aviv up to the You always awake from a nightmare, but America, if you will. top of the beautiful mountainous area since yesterday I was continually awakening where Jerusalem is. There are pine to a nightmare. It is not possible to get used b 1945 trees all along that route. I have been to the nightmare of life without you. The With that, Mr. Speaker, I am going in Israel when it has snowed. It gets ex- television never ceases to broadcast pictures to yield my time so that the gentleman of you, and you are so alive that I can almost tremely cold, biting cold in those hills from Arizona can kind of be the floor on the way up to Jerusalem, and that touch you—but only almost, and I won’t be able to anymore. leader to keep this dialog for 1 hour is what Mr. Rabin meant. Grandfather, you were the pillar of fire in going and that we can help to inform Mr. Speaker, I said, ‘‘Were you a bri- front of the camp and now we are left in the the American people that might be gade commander then?’’ And he said, camp alone, in the dark; and we are so cold watching. ‘‘Yes, the 10th Brigade. Those were my and so sad. With that, I yield to the gentleman armored cars.’’ I hope they never take I know that people talk in terms of a na- from Arizona [Mr. HAYWORTH]. them away to widen the road, which tional tragedy, and of comforting an entire Mr. HAYWORTH. Mr. Speaker, I was attempted this last year. The rust- nation, but we feel the huge void that re- thank my good friend from North Caro- ed armored cars where people where mains in your absence when grandmother lina, and I am pleased to join with him machine gunned and killed in those doesn’t stop crying. Few people really knew you. Now they will and our friend from California and my cars. They are still at several points talk about you for quite some time, but I neighbor from Arizona as well as my along that beautiful, winding road up feel that they really don’t know just how good friend from Texas this evening. to Jerusalem. great the pain is, how great the tragedy is; History demands that we recall the We talked about his age. He was 26 something has been destroyed. years of age. I said, ‘‘How did you get Grandfather, you were and still are our historic moment that occurred 364 days to be a brigade commander at such a hero. I wanted you to know that every time ago, the first Tuesday following the young age?’’ And he said, ‘‘Well,’’ in I did anything, I saw you in front of me. first Monday of November 1994. An Your appreciation and your love accom- election that literally shook the foun- that distinctive style of his, ‘‘you must panies us every step down the road, and our remember the ages of your own revolu- dations of this institution, when for lives were always shaped after your values. the first time in four decades the old tionary heroes in your War of Inde- You, who never abandoned anything, are now pendence.’’ And I said, That is right. abandoned. And here you are, my ever- order that talked about more and more Hamilton, 23; Lafayette, whose picture present hero, cold, alone, and I cannot do government spending and more and is here, the only other person’s portrait anything to save you. You are missed so more debt on our children and more on the floor other than the father of much. and more authority resting in a mas- our country, they were both 23. That is Others greater than I have already eulo- sive centralized bureaucracy with little gized you, but none of them ever had the right. accountability to the people, that phi- pleasure I had to feel the caresses of your losophy was rejected. And at 45 years of age he was the warm, soft hands, to merit your warm em- overall field military commander for brace that was reserved only for us, to see Now as America prepares to confront all the Israeli defense forces. I still your half-smile that always told me so a new century with leadership truly wear my Israeli defense force belt much, that same smile which is no longer, passed to a new generation, those of us buckle that they gave me when I flew frozen in the grave with you. here and assembled on this floor to- a Kafir in my freshman year, January I have no feelings of revenge because my night and, Mr. Speaker, I daresay, 8, 1978, with one of their triple aces, pain and feelings of loss are so large, too those who join us via the technology of Ovi, last name still to be kept secret large. The ground has been swept out from television, deserve a status report on below us, and we are groping now, trying to what has transpired. Forty weeks of for obvious reasons. I talked about how wander about in this empty void, without at 45 years of age he commanded it all. any success so far. governing in the wake of 40 years of This wonderful moment I will treas- I am not able to finish this; left with no al- liberal rule, and the people need a sta- ure forever. I did not have to be at the ternative. I say goodbye to you, hero, and tus report. Though it is not my intent November 7, 1995 CONGRESSIONAL RECORD — HOUSE H 11815 to go in alphabetical order, Mr. Speak- never involved in the political process It was interesting to hear that de- er, I do see my good friend from my until last year. We campaigned. It was scription of your candidacy as radical. neighboring district in Arizona, Mr. an underfunded campaign, but we be- Of course, the amazing thing is that SALMON. Mr. Speaker, what is he hear- lieved that we had the ideas that would only to those who exist inside the belt- ing at home? make a difference in my campaign. way were our candidacies or is this new Mr. SALMON. Mr. Speaker, we just I talked in very general concepts. I majority in any sense radical. Quite had a townhall this weekend. I think it talked about the tenth amendment, the contrary, to the people in the was our 30th since I was elected to which I hear all of us talking about, heartland of America, from California serve in the 104th Congress. where the tenth amendment says all to Florida, through Texas and in Ari- The folks back home are a lot smart- the powers not specifically given to the zona and in the great State of North er than I think the media gives them Federal Government are reserved to Carolina, throughout this country, it is credit for. The answer that they gave the States and the citizens. I quoted not radical; it is rational and reason- to me resoundingly was stay the Thomas Jefferson, who said the govern- able. course, stick to your guns. You have ment that governs least governs best. And therein we find the difference. started a revolution, but it is just the Perhaps my favorite quote and the cen- Despite what the media axis between tip of the iceberg. We expect you to see terpiece of my campaign was the New York and Washington would re- through to the many promises that you James Madison quote which really en- port and promote and quite often dis- made in the campaign. capsulated what my campaign was all tort, the American people in their infi- No. 1, that you would balance the about. nite wisdom cut through all of that and Federal budget and quit financing Madison, who was one of Framers of understood what was at stake. I think failed social programs of yesterday on the Constitution, said all powers not we have a prime example here on the the backs of our children and our specifically—I am sorry—said, we have floor tonight in our good friend from grandchildren. It is immoral, stop it. staked the entire future of the Amer- Texas, the pundits called, as you will Get the job done. That is what we sent ican civilization not upon the power of remember, the giant killer, who was you there for. government but upon the capacity of able to win election to the Congress of The other thing that I heard, I hear the individual to govern himself, con- the United States after many tries and all this rhetoric from folks back here trol himself and sustain himself ac- some talk from the pundits that he about folks back home not wanting to cording to the Ten Commandments of ought to maybe not think about public have tax cuts. As I talked to folks back God. I thought I was this visionary, life. home, especially those that feel the that nobody else was talking about the Mr. STOCKMAN. Mr. Speaker, we pinch, those that are trying to raise tenth amendment because I did not just had a town hall meeting. We had children in today’s society and those hear anybody in Congress talking several town hall meetings. I thought that feel that maybe they just know a about the tenth amendment. I did not after reading the papers, I stated be- little bit better than the Federal bu- hear anything coming out of Congress lieving, Mr. Speaker, some of those is- reaucrats here what might be best for or the White House about the tenth sues and wrongly so. Some of those is- their family and how their dollars amendment or talking about Madison sues are, we are doing the wrong thing, might be spent, I heard again very or Jefferson. I thought that these were we are going in the wrong direction. clearly from them. We are sick and archaic ideas that our Founding Fa- But, Mr. Speaker, let me say some- tired of money going back to Washing- thers talked about but that somehow thing. I went to those town hall meet- ton and going down a rathole. It costs this liberal Congress had forgotten all ings. The chairman, the former chair- $1.50 to produce 50 cents worth of serv- about. man of the Democrat Party, the coun- ices at the Federal level, and it has got I come up to Washington, DC and I try judge there stood up and he said, to stop. We think we are a little bit find out that everybody else, you and sir, I have been a Democrat all my life better qualified to address our family’s the gentleman from Washington [Mr. and I stand behind what you are doing; priorities than some nameless, faceless METCALF], on the other side of the con- not because it is Republican, not be- bureaucrat in Washington, DC. tinent were saying the same exact cause it is Democrat, because it is the That is what I heard resoundingly, thing. There was just this undercurrent right thing to do. stick to your guns, stay the course and that swept us into Washington, and I was amazed as people came forward do what we sent you there to do. If you people do not understand why we are so that knew and understood what we are going to be like Congresses of old committed to do what we promised to were doing and the knowledge that and buckle and put a Band-Aid on prob- do. It is because our people put faith in they had. They said to me, please con- lems like Medicare and not really save us when nobody else, when the political tinue what you are doing, do not stop. the program for future generations but pros and the pundits and the New York Quite frankly, I was astounded. I came put a Band-Aid on so you can get Times, which personally came to my away from that wondering whether the through the next election, if those are district and said there is no way you people that act as our fourth estate the things that you intend to do, you are going to elect radicals like really comprehend that the rebellion are no different than the Congresses we SCARBOROUGH. that took place was at the grassroots sent there in the past and we do not I am sure all of my colleagues here level. want you back. have the same stories. Nobody else be- Mr. Speaker, we had $1.2 million Mr. HAYWORTH. Mr. Speaker, I see lieved in us, believed in the ideas of spent against us, $1.2 million. That is a that one of our friends from Florida Madison and Jefferson. But my con- lot of money. He was going to be the has joined us who was also a part of stituents did, and I will be darned if I dean of the U.S. House, the dean of the that historic night but even more im- am going to spend my time in Washing- House. Everything was going great. He portantly is part of this new history- ton compromising with a liberal Demo- had been here 42 years, 42 years. You making majority in the House of Rep- cratic Party that never represented my would think that everything, the world resentatives. As we yield to our friend district well and never represented the was wrapped around his finger; but the from Florida, I would imagine that, views and ideals of the Founding Fa- people spoke, and the people felt their even though the gentleman from Ari- thers that laid the great foundation of power for the first time in 42 years and zona and I reside in neighboring dis- this country. That is my responsibil- stood up and said, we want change. tricts and hear much the same mes- ity, to carry through on that promise. When change came, they were stand- sage, I have to believe that the gen- Mr. HAYWORTH. Mr. Speaker, the ing next to me and saying, keep it up, tleman from Florida hears similar gentleman said something very inter- that is what we voted for. But our things from his constituents. esting, paraphrasing friends from the friends from the fourth estate say, no, Mr. SCARBOROUGH. Mr. Speaker, it fourth estate who sometimes seem to no, no, no. We are losing our grip, we is absolutely amazing. As I campaigned step across that bound of reporting are losing what we fought for, what we last year, I was an unknown. I had into advocacy for those who always got for 40 years. Socialism is slipping never been involved in any political propose bigger government programs away, and we hear those cries back in process. Most of my friends here were and a highly centralized state. our district, no, it is not what we want, H 11816 CONGRESSIONAL RECORD — HOUSE November 7, 1995 socialism. We want you to stay the one of you, but it is so important. A Thomas Jefferson. Mr. Jefferson was course. child born in this country today, 1995, indeed a man of many talents, includ- I know one thing, we are not going to the time they take their first breath ing that of being a vintner, a wine- punt. We are not going to punt. We are they owe $187,000 in taxes, $187,000 in maker. It is our privilege to have some- going to do exactly what this says. Our taxes. one from the real world, from the wine good friend, the gentleman from Okla- If they live to be 75 years of age and country of California, a vintner, here homa [Mr. LARGENT], freshman, signed we do not balance the budget, then serving with us in this freshman class; it. I said, do not drop the ball. Pass the they will pay $187,000 in taxes just to but also he draws a distinction, and it budget. pay the interest on the debt. is akin, it comes back to the Sixth Dis- I cannot think, Mr. Speaker, of a Our children deserve the American trict of Arizona, for his mother was greater gift for Christmas than to give dream, not the American debt. That is born an inspiration by the Inspiration our children and our grandchildren a why this new Congress, my fellow Mine, in the Sixth District of North balanced budget. I know that, as you freshmen, you and the gentlemen from Carolina, so in a sense, I know that my know, we are going to stay the course. Texas, Arizona, and California and the colleague, the gentleman from Arizona, We are going to give the best Christ- gentleman from Florida that just had or the Sixth District of Arizona and I mas present of all, a balanced budget. to leave, we know what the American would like to claim him as at least an Mr. HAYWORTH. Mr. Speaker, I people want. We are here to make honorary Arizonan, the vintner of the thank the gentleman for his comments. those decisions. House of Representatives with a very, I think he absolutely sets forth the dy- Yes, I will tell my colleagues, they very sober reflection on what has tran- are tough decisions. But I will also namic at work here. The question is, spired in these last 40 weeks. Are we willing to love generations yet share with my colleagues and those watching that, when I go home every Mr. JONES. I yield to the gentleman unborn enough and those youngsters from California [Mr. RADANOVICH]. who are now in our homes—and I think weekend but four in 11 months, and I drive home and drive back, I see the Mr. RADANOVICH. Mr. Speaker, I of my children, one of them in college want to say that I am proud to be asso- but two not even in grade school yet— people. The people say to me, WALTER, do not stray, stay committed, balance ciated with all three of you gentlemen do we love them enough to leave them here today, to talk about what has a country where they will not continue this budget, because where the liberals forget, they try to scare the senior citi- happend in the last year since our eve to pay our debts? of election about a year ago today. I think the gentleman from Texas of- zens about Medicare. I, too, spent the weekend going home fers an embodiment of part of the b 1000 change that took place last year on and traveling in the district and mak- Yet we are promising an increase in ing many stops. I stopped in Lemon that fateful Tuesday in November, a Medicare. We are promising choices for change that continues around the Cove, the Sequoia Middle School, to our senior citizens. We are giving them address the 7th, 8th, and 9th graders. In country tonight. Indeed, as I heard the the choices that they deserve to have. words of my friends from Texas, I particular, a lot of the message that I We are giving them the security that state, and of course, being on the Com- thought of my good friend from North they deserve to have. Yet, the other Carolina who went on a personal jour- mittee on the Budget we deal with side keeps trying to scare the senior budget issues, and I talk budget issues ney, both intellectually, philosophi- citizens. cally, and finally politically. For the there, and I go home and I explain I would tell the gentleman from Ari- what we are really doing as far as re- gentleman from North Carolina had his zona [Mr. HAYWORTH], it is not working dad serving in this House, a conserv- form and expanding the Medicare sys- in my district. The people in my dis- tem and offering choices, and limiting ative man who yet sat on the other trict have enough confidence in me and side of this aisle. I yield to our friend government, decentralizing govern- my fellow colleagues that they trust us ment, privatizing government, localiz- who reserved this special time to talk to do what is right to preserve, protect, about what has gone on not only in his ing government through the budget and strengthen Medicare. process. own life politically but what has gone The other point I would like to make They all realize, too, that we are on in his district in North Carolina. before closing is that when you have a Mr. JONES. Mr. Speaker, I thank the country where the average working coming to the point now where there gentleman from Arizona. I appreciate family in this country today will spend are threats of a budget train wreck, him making reference to my father more on paying taxes than that same and there is the issue about raising the who did serve for 26 years in the U.S. average working family will spend on debt ceiling, and a standoff between Congress representing the First Dis- clothing, housing, or food, how can the Congress and the administration, trict of North Carolina. It is very hum- they ever realize the American dream? the executive branch. By and large, bling to hear comments from both They cannot. That is why they turned people are concerned in general. Democrats and Republicans, the eleva- to the Republican party last November, The bottom line is, Mr. Speaker, and tor operators as well as those on the almost 365 days ago, because they said, I think it can be articulated, in one of police force, how much they thought of ‘‘We want a change. We want to believe my Monday morning meetings I met him as a fair man and a good man. I that this is the greatest country in the with the Parcel Post Service in Fresno, really appreciate you mentioning his world. We think that you, under the which is a distribution center; I met name. new Republican conservative leader- with about 100 truck drivers and the I will tell you that my father and I ship, you will give us the hope that the management of this company, who pre- both discussed my change of party af- liberals have taken away from us sented a $25,000 check to the West Fres- filiation. I used to be a Democrat, through taxes and regulations.’’ no Christian Academy for them to be served 10 years in the North Carolina Yes, I am pleased to be with you to- able to fix their restroom floors. I was General Assembly. Quite frankly, as night. I am proud to be part of the new honored to be in the middle of this you mentioned, my father was a con- majority that cares about America. presentation. I was able to speak and servative. He said to me, he said, WAL- Mr. HAYWORTH. If the gentleman give them an idea of what we were TER, I do not think that you nor my- will continue to yield, I thought of an- doing. self, he was speaking, belong in the other familial relationship, a parental I explained to them with regard to Democratic Party because they have bond. You described the service of your the upcoming brinksmanship that we become so liberal. They are out of father in this House, and how both of are in now with the budget, in that we touch with the people. you made that philosophical journey. had not too long ago, last week, four I think my friend from Arizona as As we turned to our friend, the gen- experts from Wall Street sit down and well as my friends from Texas and tleman from California, a couple of dis- talk to our Republican conference and yourself have mentioned that this tinctions, Mr. Speaker, that are worth deliver a very strong message, and the country needs leadership. When a child being noted in the RECORD. message was that even if we have to go is born in this country today—and I First of all, we heard our good friend, through short-term economic dishevel- know I have said it 100 times, and each the gentleman from Florida, speak of ing in order to get a balanced budget, November 7, 1995 CONGRESSIONAL RECORD — HOUSE H 11817 that it is worth it for the future eco- be really concerned about what their pushing us toward balancing the budg- nomic health of this country to go representatives say and what kind of et. through something short term, if we numbers they quote. The best example I would say to the gentleman from have to. It is imperative to get a legiti- I can give is the Congressional Budget Arizona, this is not rocket science. mate balanced budget passed this year. Office is the legitimate scoring agency Most folks understand that if they That was the message that the Wall for budgets in town, and everybody, in- keep spending and spending and spend- Street Journal experts, I think, con- cluding the OMB, recognizes that the ing with their charge cards and their veyed to all of us. CBO is the more legitimate scorer. If revolving debt and all those things I took that message home and ex- you take the President’s 10-year budget that get us into trouble, that before plained to my group of employees there that balances to the CBO and have it too long there is a time that you have at United Parcel Service, and the mes- scored, it still has annual deficits of $60 to pay the piper. When you have to pay sage got applause when I said this is billion. the piper, you either decide that you what Wall Street was willing to come Mr. HAYWORTH. A very key point, are going to cut back on your spending up and say: ‘‘If there is brinksmanship and if the gentleman will yield, I think in your family budget or you are going here, let all the stops go, but just make it is important before, Mr. Speaker, we to find a new source of revenues. sure you get a balanced budget.’’ Their end up in a type of alphabet soup when At the Federal level that new source message to me was ‘‘Do not come home we talk about the Congressional Budg- of revenues is the cash cow. It is the without a balanced budget.’’ They are et Office or OMB, the Office of Manage- taxpayer. That is where Congress has serious. They want government out of ment and Budget, that we make this gone in past years, taxed basically out their face. This budget begins that clear distinction. Indeed, it happened of oblivion. Last Friday I went and process. It does that. prior to us joining this institution, spoke to two senior classes, govern- The response that I get from people prior to the historic shift: The Presi- ment classes, at Tempe High School. I in my district is just leave me alone, dent of the United States stood at the looked into their eyes and I asked let me run my own life, do not try to podium here behind us at the outset of them if they understood the implica- be my mommy, do not try to be my the 103d Congress and he said, with tions of a budget that would not be bal- daddy, do not try to be my pastor, and great oratorical flourish, that his ad- anced; if they understood full well that do not try to be my employer. That is ministration would always use the fig- right now we have a $5 trillion debt— really the message that I come back ures provided by the Congressional and your eyes kind of glaze over when with. Budget Office, because year in and year you hear $1 trillion, because nobody Basically, Mr. Speaker, they sent me out, they were the most reliable num- has ever held, smelled, or touched $1 back here saying if I drop the ball, do bers. trillion—and when we explain to them not come back to Fresno. They are that the first 33 cents out of every tax Yet, the same dichotomy and indeed that serious about it. My commitment dollar that they send to Washington the same reversal that we have seen on is that, that we pass a legitimate bal- goes just to pay the interest on the so many issues came with our friend at anced budget, one that is scored by the debt, and under the current budget sce- the other end of Pennsylvania Avenue, Congressional Budget Office, which is nario, with $200 billion deficits, in 5 when somewhere along the line, the legitimate scoring agency in the years we reach another trillion. Then camped out in the Rose Garden, was House here; not by the Office of Man- before too long it is $10 trillion. Do you that mythical figure, Rosie Scenario. agement and Budget, like the adminis- know what happens when we reach $10 Rosie Scenario set up shop with the tration wants their budget scored. trillion. Everything, everything that President’s budgeteers in the Office of Mr. JONES. Mr. Speaker, I would say we have right now in the form of reve- Management and Budget, and quite to the gentleman from California, I nues is consumed just to pay the inter- frankly, Mr. Speaker, Rosie Scenario think I was in that same meeting, but est on the debt. Everything. We have and those at OMB cooked the numbers I would appreciate if the gentleman nothing left for programs unless we go for a 10-year plan that my friend, the would reaffirm what I thought I heard back and raise taxes. from those four economists, one state- gentleman from California [Mr. I further went on to explain to them, ADANOVICH], is absolutely correct in ment they made: Since the Republican R those kids, most of them 17- and 18- stating gives us no type of balanced majority had been the majority, that year-old kids, when they reach my age, budget, throws the numbers out the the interest rates had dropped by 2 if we continue with the trends of yes- window that this same President said points, and if we should pass a balanced teryear under the failed old tactics of were the most reliable numbers. And, budget, because many of the markets the Democratic-controlled Congress, clearly, this dichotomy is behavior and feel that maybe it is more talk than then they would be facing an 85- to 90- rhetoric and instant revision of history action, but that if we did balance the percent tax bracket. That means that calls into question just how serious the budget, that it was accepted and we $9 out of every $10 that you earn goes gentleman at the other end of Penn- balanced the budget, that the rates to Washington, DC. That is immoral. sylvania Avenue is in joining with our could almost within a certain number We cannot continue to do that. of months drop to 5 percent. Does the new majority in the legislative branch No family would do that. No family gentleman remember that? to truly govern. would put themselves so far into debt Mr. RADANOVICH. What I can relate My friend, the gentleman from Ari- that they would leave to their children, is that we met with—on a number of zona, I know we have talked about it instead of an inheritance, all the Mas- occasions Alan Greenspan with the on several occasions, this flip-flop, and ter Card bills and Visa card bills to Federal Reserve met with the Commit- I think it is incumbent upon the in- pay. Nobody would do that. It is laugh- tee on the Budget, and in that, he ex- cumbent President to join with us and able. Why then would we pressed supreme confidence in two govern. conglomerately as a country do that to things: No. 1, that business, health, and Mr. SALMON. If the gentleman will our children? It is the same exact prin- the economy and the country was di- yield, Mr. Speaker, I have talked to ciple. rectly related to our good intentions, some of my Democrat friends on the Let me talk just for a minute about and we had better prove it all out in other side. I think they know full well the tax cuts, too, because we hear so passing a balanced budget, but the ef- that there is going to be a lot of rhet- much from the other side that we are fect of that would have a minimum of oric, there is going to a be a lot of the- providing tax cuts for the rich. In my a 2-percent decrease in interest rates. atrics from the White House, and ulti- town hall meeting I asked this ques- So that is something that comes from mately he is going to have to do the tion: How many of you have children? the chairman of the Federal Reserve, right thing because the American peo- Almost everybody raised their hand, I and backed, actually, by scoring in the ple are demanding it. This is a Presi- would say about 80 percent of the peo- budget that we have right before us dent that constantly has his wet finger ple in the town hall raised their hand. today. in the air, testing which way the wind Then I asked, them ‘‘Out of those of I want to make one brief comment. is blowing. He knows that the winds of you who have children, how many of That is that people in America have to change, they run hard and they are you paid at least $500 last year to the H 11818 CONGRESSIONAL RECORD — HOUSE November 7, 1995 IRS?’’ I ask those of you listening on spending have lowered the income of is not the province of the Federal Gov- C-Span to consider the same equation: American families by an average of ernment to be the charity of first re- How many have children, how many $15,000 a year. course. This Government exists, it de- have paid at least $500? Very quickly, let me repeat that. The rives its powers, from the people to According to the liberals here in Con- bipartisan Concord Coalition reports serve the people, and indeed, my friend gress, you are the rich. You are part of that debt and deficit spending by this from California who serves on the Com- the problem. I think most of us under- Congress have lowered the income of mittee on the Budget has been dealing stand that if you fall into those param- American families by an average of with the heavy lifting and the harsh re- eters, you are not a wealthy person. $15,000 a year. You are absolutely right. alities of the numbers we confront. In That is mainstream America. That is That is why the new majority is here one sense, in Washington or Orwellian mom and pop America, who are trying and I am proud to be a part with you Newspeak, it is an incredible, monu- so desperately to raise their children gentlemen tonight. mental task and exceedingly difficult. and trying to take care of their fami- Mr. STOCKMAN. Mr. Speaker, if the And yet, in real-world numbers, it is a ly’s needs, but they are not able to be- gentleman would yield, trying to grasp challenge that must be met. cause they are sucked up here in Wash- $1 trillion, think about it, I am trying Mr. Speaker, I would like to ask the ington. It is time we change, and it is to grasp $1 trillion. I asked an econom- gentleman from California [Mr. time we realize that those people are ics individual one time, I said, how RADANOVICH], what struck him most not the wealthy, they are not the ones much is $1 trillion? He said $1 trillion about the entire budgetary exercise on to be despised so we can rob the middle was $1 bills laid on top of each other the committee and seeing this through class to pay for failed social programs. like this going from the Earth to the to fruition with the reconciliation It is time to make a difference. We Moon and back again. That is $1 tril- package? came here to make a difference, and is lion. Think about that. Mr. RADANOVICH. If the gentleman it so unique? Is this so historic that we What kind of a legacy are we leaving? from Arizona will yield, the point that finally have a body that has the integ- We are talking $5 trillion, five trips to you bring up and also the point that rity to keep its word? That is what this the Moon and back, and yet we are so the gentleman from Texas brings up is all about. addicted to spending that we cannot are very good examples of I think some Mr. HAYWORTH. Mr. Speaker, I stop. of the changes that we want to see thank the gentleman from Arizona, Mr. Speaker, as I was running, some- coming down in the next few years. and I think we see why I have such body said, we had a great hurricane in One thing, the biggest lesson I think ample evidence of the pride I take in 1900, in fact, the largest disaster in the that I learned being exposed to the na- having such a responsible neighbor, be- United States to this day. Wiped out tional budget for the first time in Jan- cause it is a pleasure to serve alongside the whole town of Galveston, killing uary and the learning process that I him in this House, and geographically, thousands of people. They built a sea- went through is that this is a journey to have our districts alongside one an- wall and on the other part of the sea- of 1,000 miles that begins with one step, other. wall, the gentleman said, Steve, he and this budget truly is one step. My friend, the gentleman from Ari- said, we need a seawall. Can you get us Now, you had mentioned one thing in zona, makes a very good point when it Federal dollars? We know that your op- particular, and that is the role of char- comes to personal finance and the fam- ponent will get us Federal dollars to ity in government and how it got ily gathered around the kitchen table, build a seawall. I said, I cannot do there, and how the one thing that we trying to decide budget priorities. It is that. I said, if you want a seawall, you are going to have to learn when we are irresponsible to the 10th degree to maybe should vote for my opponent. budgeting is if there is a need, it should imagine a family transferring its debt Because see, if I promise you that, I am not always be presented to govern- from Master Card to Visa in a type of not spending your money, I am not ment. I think that if you will look a credit card kiting scheme. And yet, and spending your child’s money or even little more closely in a few other yet, Mr. Speaker, in common parlance your grandchild’s money. I am spend- books, the role of Good Samaritian was here, as a Member of Congress, many of ing your great-grandchild’s money to found in the Bible, not in the Constitu- us have come to call the card that I buy your vote, and I, for one, cannot tion, and yet this is a responsibility hold here now, our voting card, in an look in the mirror and say I bought that government is for some reason attempt to laugh to keep from crying, your vote with your great-grandchild’s deemed necessary to pick up over the we call this voting card that each of us money. That would be morally wrong. last few years, When something is not has, the world’s most expensive credit So I suggest if you want a future for inherently someone’s responsibility, card. your great-grandchildren, vote for me. that person is not going to do a very There is an element of humor in the But if you want a lousy bridge or road, good job with that responsibility, as truth. Again, I think we cite it to vote for my opponent. I suggest to you, evidenced by what government has laugh to keep from crying, so absurd future is better, because we owe it to done with charity, via welfare, during has this equation gotten over the our great-grandchildren to do better these last 30, 40 years. years, so overreaching has this Govern- and we will do better—$5 trillion. Mr. STOCKMAN. If the gentleman ment come into the pockets of Mr. and Mr. HAYWORTH. Mr. Speaker, if the will yield quickly, I just wanted to Mrs. America. The reason we call our gentleman would yield, he makes a point something out. Do you know that voting card the world’s most expensive point so profound, and I think it dem- if you had one dollar and you wanted credit card is because when my col- onstrates why the people of his con- to help somebody, and as you may leagues and I received ours, each came gressional district had the great and know in this body I was homeless, and with a debt of almost $5 trillion. good sense to end a long term for his you wanted to give it to some organiza- predecessor and to make a change for tion and you wanted it to be the most b 2015 the better in Texas, and indeed, as we effective dollar you could use, you The gentleman from North Carolina. see what goes on, the question remains, could give that dollar to the Federal Mr. JONES. If the gentleman from not the worthiness of some projects, Government or you could give it to Red Arizona would yield for just a moment, because some projects are exceedingly Cross or some private charity, or your because the comments that the gen- worthy when viewed in a vacuum, when church or your synagogue, do you tleman has made, as well as the other viewed without the reality of the budg- know that the Federal Government gentleman from Arizona [Mr. SALMON], etary constraints in which we live. And takes 80 cents to 90 cents to give to a I wanted to share this with my col- for those at home, Mr. Speaker, who bureaucrat and only gives 20 cents to leagues, because as we talk about the may be watching saying, yes, but, yes, the poor? It is the exact opposite in debt, roughly $4.9 trillion, $5 trillion, but, what about the role of government private enterprise. Is that compassion, and we talk about the debts of this Na- as charity, I would simply suggest this: is that true compassion to give $1 to tion, I want to share this with my col- Nowhere in the document of the Con- the Federal Government seeing 89 leagues, that the bipartisan Concord stitution, in the preamble especially, cents of it wasting and only 10 cents or Coalition reports that debt and deficit do you see the word charity. Indeed, it 20 cents ending up with the poor? November 7, 1995 CONGRESSIONAL RECORD — HOUSE H 11819 Mr. JONES. If the gentleman will when the liberals keep saying we are zenry, to understand the value and the yield, the point that I want to make cutting, we do not care about the poor, power of one, and to rejoice in the fact too is that not only are we starting to they are so wrong, we do care about the that yes, we unify on key questions and eliminate the deficit, but what we want poor and we care about every Ameri- yes, even as we have differences of phi- to do is to begin to reduce this $5 tril- can’s future. losophy within this Chamber, some- lion debt that we are talking about, Mr. STOCKMAN. My wife would like times I think exaggerated too greatly and then after we are done with that, that kind of cuts in her own private in the theater of politics, yet we have then we can start reducing further Fed- life. this mission to allow people to live up eral income taxes and really shift con- Mr. JONES. That is a personal prob- to their fullest potential, not due to trol of the State and local levels, so lem. the dictates of government, but to the that if Texas wants a sea wall, they Mr. HAYWORTH. If the gentleman dignity of their respective person. That can go to their State and local authori- will yield, I think that is vitally impor- is what this revolution encompasses, ties and fund that and have dollars tant, and indeed we should address not what is radical, what is exceed- that go a lot farther to solve the prob- some of our comments, Mr. Speaker, to ingly reasonable, and much remains to lem, and we can contribute to our those who may be looking in who say be done. churches’ and charities’ nonprofit orga- to us, gee, you have not really gone far I yield to my friend from California. nizations to take care of the poor and enough. And what I can say, Mr. Mr. RADANOVICH. Mr. Speaker, if needy and for once be effective doing Speaker, to those who have that idea, I the gentleman will yield, the only it. would say, perhaps you are right. But thing that I would add to the com- Mr. SALMON. Mr. Speaker, if the it is exceedingly difficult in the span of ments of the gentleman from Arizona gentleman will yield, I would just like 40 weeks to change a culture that has is that the hope is, too, that looking to comment also, we hear so many grown up over 40 years, not impossible, out even a little farther, is that some times from people as we look at, not because we have taken the first steps day that dollar, that education dollar cutting programs, because I do not to do so. But in this climate, within that we send down to Casa Grande will think we are really cutting anything. this beltway, with the Orwellian never have to leave Casa Grande to In fact, I know we are not cutting any- Newspeak that ignores the realities come to Washington in the first place. thing. The Federal budget is still rising which mathematics bears out that the So that as you well know, and I think dramatically, as we all know. When we so-called cuts in fact are reductions in we articulated, that dollar on its round hear of cuts to Medicare, again, I think future expenditures, that have no place trip to Washington and back to Ari- Mr. GINGRICH probably put it best when on any legitimate number line, but zona loses a lot on the way, and if we he said it is really a problem with re- only on the squiggle that seems to me- get to the point where we eliminate the medial math. The people really do not ander around this district, from Fed- deficit and we pay off the debt and understand that when you go from eral office to Federal office, we need to start shifting these taxing responsibil- $4,500 to $6,400 that that is an increase, have straight talk with the American ities down to the State and local level, that is not a cut. But we hear from public. The fact is, we are taking some if Casa Grande wants its education dol- folks, whether it is the arts or the hu- steps that while they may be called lars to go to the State and local gov- manities or you name it, all of these momentous, history will record, per- ernment, raise your taxes and fund wonderful, wonderful things that the haps as modest, but as my friend from your own programs there. Federal Government has done, but is is California said, the journey of 1,000 b 2030 a good program and it is good for soci- miles begins with a single step. My Mr. JONES. If the gentleman will ety. I think back to when I was in col- journeys yesterday took me to the yield, this has been a great hour and I lege and I was a junior in college and I town of Eloy, AZ, and to the town of really have enjoyed and appreciate ev- was married and we had our first child, Casa Grande, and in Eloy I had an as- erybody that has joined us. I know we and I remember a really high-pressure sembly with the entire student body of are getting down to the last 2 or 3 min- encyclopedia salesman came to our Santa Cruz High School and the ques- utes, but to share with those that are tion came up, Congressman, how would house. He made a good case and he watching tonight, that all the good you rate yourself on education spend- made me feel guilty, he said how I real- that can come from the balanced budg- ing? And indeed, some of the folks who ly needed to think about my child’s fu- et, always remember that if we balance may be looking in, Mr. Speaker, are ture and this was such a worthy pro- the budget, that we can create 6.1 mil- looking to the Department of Edu- gram, like we hear so much in Wash- lion new jobs in the next 10 years. ington, that this was something that cation and saying, well, there is an We are not just talking about, as I was good. I ended up making the deci- area, there is a project left undone. mentioned earlier, a child born this sion not to buy those encyclopedias. And it surprised me when I explained year, we are talking about the good No. 1, they were very expensive, but to the student body and to one of the that can come to this country in the No. 2, at that time I was working full- questioners, I felt it was important, way of new jobs and new opportunities time, I was a full-time student, my again, echoing the comments of the for our people. I thank each and every wife was working full-time, and we gentleman from California, I believe it one. I know we are not quite through, were having a hard time making ends is important to take the billions of dol- but thank you for joining me and I meet. We were having a hard time put- lars spent on a bureaucracy directed by have enjoyed being with you. ting food on the table. We had prior- a friend of mine, former Governor Mr. SALMON. If the gentleman will ities. Yes, it was a worthy program, Riley of South Carolina, a fine and de- yield, I would just like to follow up on but do I put food on the table for my cent gentleman, but a centralized bu- that. I think maybe that is one thing daughter, for my family, or do I buy reaucracy spending billions of dollars, I that we do not talk about enough. The this worthy program? I think that is would far rather return that money to gentleman mentioned that there would the kind of choices that we are faced the States and counties and localities be 6.1 million more new jobs. with now. and to the school boards and ulti- How does that occur? That occurs Mr. JONES. Mr. Speaker, if the gen- mately to the front lines, to help chil- when you lower people’s taxes. What do tleman would yield, I enjoyed your dren learn than to continue to perpet- they do? They invest it in their busi- comments, and you made the state- uate a vast bureaucracy. Indeed, as we nesses. And their businesses grow. ment that we are really not cutting look at the so-called Information Age, When their businesses grow, there are programs. I want to share this with at the technological advances that we more jobs for people. When the interest you. The total government spending have now, what do they echo, what re- rates drop by 2 percent, once we bal- over the next 7 years under the Repub- sounds from them in this new com- ance the budget, they can expand their lican plan would continue to grow an puter age? It is what we find in the businesses, they can grow their busi- average of 3 percent per year. Social Constitution, it is what we find in the nesses and jobs grow. And what hap- Security spending is slated to rise writings of Madison, which is the pens when jobs grow? about 5 percent per year, and Medicare power of the individual, and so that is Have you seen the bumper sticker growth will average 6.4 percent. So our mission, to help empower the citi- that says ‘‘The Best Kind of Welfare Is H 11820 CONGRESSIONAL RECORD — HOUSE November 7, 1995 a Job’’? Truer words were never spo- from North Carolina, having the fore- are no longer needed and must be ken, in many ways, because it helps sight to schedule this special hour on closed. that person preserve dignity and self- an auspicious night where we rejoice in But the BRAC process is a nonpoliti- respect and feel like they are a contrib- the fact that we changed things cal process that was established by this uting member of society. through ballots and not bullets, where body and by the U.S. Senate several How many of our other social pro- we rejoice, in the freedom of our soci- years ago, and is a process that is de- grams would turn around when people ety, in the basic dignity of the Amer- signed to take politics out of making felt that they had that kind of dignity ican people which we hope again to em- decisions on whether or not military and empowerment to take charge of power through a revolution that is not bases should remain open or whether or their own lives? What is going to hap- radical but is reasonable, rational, and not military bases should be closed. pen to our society is we have less reli- we will see through. As everyone knows, since the end of ance on social programs, on failed so- f the cold war we have been downsizing cial programs, I might add, because the size of the force structure of our there will be jobs and we will be an op- POLITICAL GAMESMANSHIP IN various militaries. We have downsized portunity society as we once were. BASE CLOSINGS the Air Force, we have cut back on the America was great because our The SPEAKER pro tempore. Under number of people that we have in that grandparents and our grandparents’ the Speaker’s announced policy of May blue uniform. We have downsized the parents that came to this land because 12, 1995, the Chair recognizes the gen- Army, the number that we have in that it was the land of opportunity where tleman from Georgia [Mr. CHAMBLISS] green uniform; and the Navy, the Coast you could become anything you wanted for 60 minutes. Guard and so forth and so on. be. I think we have lost that vision but Mr. CHAMBLISS. Mr. Speaker, to- As we continue to downsize our mili- we are regaining it in this 104th Con- night I am going to be joined by two of tary, it is necessary that we look at gress. That is the ball we have got to my distinguished colleagues on the other areas that serve that force struc- keep our eye on. That once that budget Committee on National Security, my ture. For example, with respect to the is balanced, we will be having an oppor- good friend, the gentleman from Utah Air Force, we now have less airplanes tunity society again for everybody. [Mr. HANSEN], as well as my good than we had flying 10 years ago. We Mr. HAYWORTH. As I heard my col- friend, the gentleman from Oklahoma have less pilots to fly those airplanes. league from Arizona, I think of our col- [Mr. WATTS]. We want to discuss an Therefore, we have less maintenance league from Texas who perhaps more issue that is of great importance to our work to be done on those airplanes. than anyone in this institution has constituents. That is why we have the excess capac- lived the American dream, who knows It is also an issue that ultimately, ity that has led to this issue of privat- what it is like to pull up from the boot- Mr. Speaker, we view to be an issue of ization in place. straps. I would ask the gentleman from importance to every American, because The BRAC process, as I say, was not Texas, coming through the experiences it concerns the ability of our U.S. Air a very popular item within this House, he has, knowing the ultimate fabric Force to protect this great Nation. but the BRAC Commission was estab- and value and truth of our society, The issue is privatization in place, lished several years ago to review all of what does he see as the mission for the and it refers to a plan that has been the military bases all across this coun- future? hatched by the current administration try from the standpoint of can we af- Mr. STOCKMAN. Mr. Speaker, I am in the White House, that makes mili- ford to operate without those military deeply touched by how after a year we tary effectiveness and efficiency take a bases due to the fact that we have still see the grassroots and I want to back seat to political gamesmanship. begun to downsize the force structure. thank everybody who went out today. I We will use the next hour to discuss We do not have as many people in have to tell you, I went out today and the President’s plan and offer our uniform. We need to look to see wheth- voted this morning at a little church thoughts about the future of our mili- er or not we can make savings in the near our home. tary maintenance system. amount of money that the Government I did start out at night, looking up, Privatization in place is an issue that spends, no only from the standpoint of in Fort Worth at the clock, it also had has come out of the White House re- paying the salary of those personnel the temperature, it never dropped cently because of the closing of two but from the standpoint of maintaining below 80 degrees in 1980, and I was military bases, one in San Antonio, the airplanes, of maintaining the sleeping on the concrete slab and had a TX, Kelly Air Force Base, and one in trucks, for maintaining tanks, for lot of introspect and thought, a lot of California, McClellan Air Force Base. maintaining ships, whatever it may be different things. These two Air Force bases are two of with respect to each particular branch I had to say, how did I get here and the five air logistics centers that are of the service. That is why BRAC was were do I want to go? But I realized one currently operated by the U.S. Air established. thing, that I could have easily taken Force. During the past 6 years, we have had food stamps. I could have easily gotten What is the problem with the depot three BRAC Commissions to take ac- in welfare and got into the system. But system? Why are we here tonight talk- tion with respect to military bases all that is not the road I chose. The reason ing about the issue of privatization in across this country. Those BRAC Com- I did not choose that road is because place? missions have taken into consideration that is a dead-end road. We are talking about that issue be- the fact that we have downsized our What Republicans are doing is open- cause of the fact that the Air Force has force structure, and they have made ing up the road. We are not giving determined, and the Department of De- decisions regarding certain military them the fish. We are teaching them to fense has agreed, that we have excess bases, be they depots or be they fish. We do not count how many people capacity within the U.S. Air Force nondepots. are on welfare. We count how many got depot system from a maintenance Those FRAC Commissions have made off welfare and are productive members standpoint. We have too much capacity decisions that are not popular deci- of society. That is what this revolution out there to do the work that we have sions within this body, to close mili- is about. I think tonight as the vote to do. Therefore, certain bases need to tary bases, but those decisions needed count is coming in, the revolution will be considered from a downsizing stand- to be made. continue. point or possibly from a closure stand- They were good judgment decisions I ask, Mr. Speaker, that this fresh- point. that have been made to make certain man class commit to, no matter what The U.S. Congress has a mechanism base closures. the media up here says, that we com- in place called the BRAC process to In this particular instance, the BRAC mit to the revolution of lower taxes deal with this specific issue. The BRAC Commission came to consider certain and lower and less government. process is not a very well thought of bases to determine whether or not they Mr. HAYWORTH. I thank the gen- issue within this body. The reason is should be closed during the 1994 year tleman from Texas. I would simply because it has a very drastic effect on and 1995 year. They considered the Air conclude by thanking our good friend areas where it is determined that bases Force depots, of which there are five, November 7, 1995 CONGRESSIONAL RECORD — HOUSE H 11821 that maintain all of the Air Force flexible and on-time response for a pre- missile, the Navy’s harpoon, and an ad- equipment that is used by the person- dictable price in time of peace and war, vanced cruise missile. nel in this country. without risking readiness for our Tinker has the responsibility of man- Those five bases are Hill Air Force troops in the field. aging more than 17,000 jet engines. The Base, which is located in Utah, rep- In the First District of Utah, I rep- Department of Defense’ own depot resented by my friend, the gentleman resent Hill Air Force Base which con- maintenance operations indicators re- from Utah [Mr. HANSEN], who has tains the Ogden Air Logistics Center. I port states that during the period end- joined us; Tinker Air Force Base in am proud to say that Hill Air Force ing in the second quarter of fiscal year Oklahoma, represented by our friend, Base was the only installation in the 1994 Tinker’s average engine process the gentleman from Oklahoma [Mr. Air Force to be rated in the top tier as days was greater than one-third, one- WATTS]; Robins Air Force Base in War- both an operational base and a mainte- third better than the competition. ner Robins, GA; McClellan Air Force nance depot. Additionally, Tinker’s schedule indi- Base in Sacramento, CA; and Kelly Air Let me just say a little about what cator index for the period between Force Base in San Antonio, TX. Ogden ALC provides. Ogden is the lo- April of 1993 and February of 1994 was Those were the five U.S. Air Force gistics manager and depot for the the second best in the entire Air Force. depots that were in existence that were world’s largest aircraft fleet, the F–16, Tinker is leading the fleet in the area under consideration by the BRAC Com- used by 21 nations around the world. of technology innovation and mission. Ogden is the world’s largest overhaul partnering. Tinker has formed a num- At this time, I am going to ask my facility for landing gear, struts, wheels ber of technology advancement coali- friend, the gentleman from Utah [Mr. and brakes, accommodating over 70 tions to address a wide spectrum of en- HANSEN] if he will to step in and tell us percent of DOD’s work, with the capac- vironmental issues. One such venture a little bit about this, and explain a ity actually to do it all. Ogden is also will join all Department of Defense in- chart that he has there concerning the the only maintenance site for the Na- stallations in Oklahoma as a coalition excess capacity issue that I have al- tion’s ICBM fleet, with a work force to cross feed information on compli- luded to, why that issue was important cited by the Vice President as heroes of ance concerns or compliance actions and what the BRAC Commission de- reinvention. and improve the partnership between cided with respect to that excess capac- These are just a few of the tremen- the Environmental Protection Agency ity. dous assets the Ogden ALC brings to and other Federal agencies. Mr. HANSEN. I appreciate my friend, the Air Force. In combination with two Also, Tinker has blazed a trial in al- the gentleman from Georgia, yielding champion F–16 fighter wings in the ternative fuel use by adapting some 551 to me on this very important issue vast Utah Test and Training Range, vehicles to run on propane, compressed that he has brought up tonight, and I Hill Air Force Base is simply the best natural gas, and electric battery thank the gentleman for coming up of the best. power. Nearly 300 fleet vehicles have with an issue that I think is so very In a January 1995 letter to the Sec- been converted to dual fuel clean natu- important to the people of America. retary of Defense, the Commander of ral gas, giving Tinker the distinction Mr. Speaker, with permission of the U.S. Air Force in Europe put it this of having one of the largest dual fuel gentleman from Georgia, I would like way: ‘‘The combination of Hill Air armadas in the Nation. to explain a little about air logistics Force Base,’’ and I am quoting, ‘‘and Tinker Air Force Base, as we went centers, if I may. Air logistics centers Utah Test and Training Range is an ir- through the BRAC process, we contin- are some of the largest industrial com- replaceable national asset.’’ I could not ued to find that Tinker was well ahead plexes in the Department of Defense. agree more. of its competition and in productivity They provide the critical maintenance While Hill Air Force Base represents and efficiency. As a matter of fact, Tin- and logistics support to sustain our the future fighter aircraft of the Air ker got out about 98 percent, or over 98 ability to meet the national military Force, it is Tinker Air Force Base in percent of its work on time. strategy. the great State of Oklahoma that is The Oklahoma City Air Logistics ALC’s, along with other maintenance the future of jet engines. I have no- Center entered into its first technology depots, Army arsenals and Navy ship- ticed, my friend from Georgia, that our transfer agreement with private indus- yards, provide a ready and controlled friend from Oklahoma has joined us. I try in November of 1994. The signing of source of technical competence and re- think that we should yield to him re- the cooperative research and develop- pair and maintenance capability to re- garding Tinker. ment agreement between Tinker and spond to our Nation’s national security Savalitch Prosthetic and Research b needs. This core maintenance capabil- 2045 Center represents the first medical in- ity must include sufficient skilled per- Mr. WATTS of Oklahoma. Mr. Speak- volvement for practical application be- sonnel and capital equipment and fa- er, I want to say to the gentleman from tween an air logistics center and a pri- cilities owned and operated by the De- Georgia [Mr. CHAMBLISS] that I am de- vate entity. partment of Defense to meet any con- lighted to be a part of this tonight and There is a partnership between the tingency or mobilization, and must be have an opportunity to talk about the Air Force and the Navy at Tinker Air assigned sufficient work load to ensure BRAC process and the three facilities Force Base. They share resources, some cost efficiency and technical pro- that survived the BRAC procedures. of the finest resources and skills and ficiency in time of peace. I want to take an opportunity at this some of the best technology in human That is what the Under Secretary of time to share a little bit about Tinker resources available. Logistics said, why a core depot main- Air Force Base, which is there in the Mr. Speaker, in closing, I have vis- tenance capacity is so important. Core Fourth District of Oklahoma, the dis- ited several military facilities around exists to minimize operational risk and trict I represent, in Midwest City, OK. the country, as I serve with these gen- to guarantee required readiness for My colleagues owe it to themselves to tlemen on the Committee on National these weapons systems. come and take a look at Tinker Air Security. So I have the opportunity to Those reasons, to minimize risk and Force Base sometime. It is a state of travel around the country and look at guarantee readiness, are even more im- the art facility for the repair and main- different Air Force facilities and ask portant in today’s leaner force struc- tenance of the world’s most sophisti- questions. Of course, any time anyone ture, and in fact make the armed serv- cated aircraft engines. goes into a military facility, they feel ices’ new policy of two-level mainte- The work force is a blend of military, great pride knowing that they are on nance possible. Under two-level main- civilian and contractor support to pro- grounds of responsibility and commit- tenance, a weapons system is either vide for our fighting force the fabrica- ment and sacrifice and dedication to fixed right at the unit level or shipped tion of parts to keep our most sophisti- protect our Nation’s national resources back for depot level repair. Only con- cated aircraft, like the B–2 bomber, in or to protect our Nation’s interests solidated maintenance depots under a mission ready state, or the manage- around the world. the direct control of the Department of ment of missiles, such as the air launch I find it quite interesting to walk on Defense can guarantee a full service, cruise missile, the short range attack the grounds of Tinker Air Force Base H 11822 CONGRESSIONAL RECORD — HOUSE November 7, 1995 and see how the general there, the representing Kelly and McClellan, it infrastructure does not match our cur- commander, General Eichman, and his was competition that we all partici- rent or planned workload and, thus, leadership and the management there pated in. Our bases participated and significantly increases the cost of each and the civilian employees, the mili- our bases were fortunate to come out and every product by spreading a mas- tary employees, the contractors have on top. We want to talk a little bit sive and expensive infrastructure over created an air of expectancy, where about what happened in that process a smaller and smaller workload. they expect to be at the top of what and why we are here considering the I guess the question we have to face they do. They expect to do things well. privatization in place. But let us be is, how can we solve this problem and They expect to compete well, and they clear about the fact that the personnel eliminate the capacity? expect to come out ahead whenever at McClellan Air Force Base and the Mr. WATTS of Oklahoma. Mr. Speak- they are given a task or given a chal- Kelly Air Force Base are very capable er, if the gentleman would yield, under lenge to do something for our Nation’s and competent, but there are just valid this privatization-in-place plan, I be- forces. reasons why bases need to be closed oc- lieve Tinker’s capacity would be I am just quite proud to be a part of casionally. around 42 percent. So, if the objective Tinker and representing them in my We went through the BRAC process. in the BRAC process was to eliminate district, and that even just makes me That is part of the reason why we are capacity, as the gentleman from Geor- feel a little worse, as I understand the here tonight to talk about the privat- gia mentioned a few minutes ago, two pride and the quality and the work ization in place, and I yield back to the words, excess capacity, they want to that they do there, to be on the short gentleman from Utah. eliminate that, under this privatiza- end of this BRAC process, as the way it Mr. HANSEN. Mr. Speaker, I appre- tion-in-place plan, Tinker Air Force is being recommended by the Presi- ciate the gentleman continuing to Base would have 42 percent of their ca- dent. yield, and I appreciate we are all justly pacity full. So with that, I will yield back to the proud of these Air Force Bases we rep- It does not take a rocket scientist to gentleman from Georgia [Mr. resent. People in America should real- see that the privatization-in-place CHAMBLISS]. ize these ALCs are some of the largest process is going to create even more Mr. HANSEN. Mr. Speaker, may I military bases in the world and the problems for the existing facilities. I ask the gentleman, has he commented largest we have in the Air Force. think, again, it does not take a rocket on the strengths of Warner Robins, GA? Now, the question comes down, the scientist to understand that. The win- Mr. CHAMBLISS. I have not yet, but Navy has closed three out of their six ners in this progression become the los- I will take a moment to do that. As my aviation depots. If BRAC 95 goes ers because we have even more capac- colleagues are both deservedly proud of through, as I recall, the Army will ity in all five of the air depot facilities the work done at Tinker and the work have six out of nine of theirs closed. around the country. done at Hill, I cannot tell them how But here of these depots are five ALCs. We have added to that excess capac- proud I am to represent the Eighth Dis- What is the problem? What are we ity problem rather than resolving that trict of Georgia, which is the home of talking here tonight? What is the prob- problem, which is what the BRAC proc- Robins Air Force Base in Warner Rob- lem the American people face? ess was all about. The problem can be put into two ins, GA. Mr. CHAMBLISS. Mr. Speaker, let us words: Excess capacity. That is why we Robins Air Force Base has a $2.1 bil- put this in the perspective of a business have this chart up here to show the lion economic impact on the State of decision, which really it is. This body people of America what we are talking Georgia, and all of central Georgia sort runs the world’s largest business. Un- about. fortunately, if every other business in of evolves around Robins. It is the larg- As everyone is aware, the Depart- this country was run the way Congress est industrial employer in the State of ment of Defense has experienced dra- has been run for the last 25 years, there Georgia. I get filled with a sense of real matic downsizing over the last 6 years. would not be many left, because we pride every time I go on that military In the wake of the victory of freedom base and I see those men and women and democracy over tyranny and com- have been spending more than we dressed in blue, knowing that not only munism and the end of the Cold War, make. What we have been talking about is the military but the civilian personnel our armed forces have experienced a the fact that we have capacity at all of at Robins Air Force Base are abso- real cut in spending of over 40 percent the five Air Force depots all across the lutely totally and firmly committed to and a force structure reduction of over ensure that they do the very best work a third. Comparatively, even after full country to do a certain amount of on every job assigned to them. implementation of all three rounds of work. We have capacity of 100 percent At Robins Air Force Base we have base closures, the department will only of the work that each base can worldwide management and engineer- have closed 20 percent of its industrial produce. But what the gentleman from ing responsibility for several of the capacity. In the Air Force, while we Oklahoma [Mr. WATTS] is saying is workhorses in Desert Storm, the F–15 have only half the number of planes, that at his base he is producing 42 per- Eagle, the C–130 Hercules, the C–141 we still have all five of the depots de- cent of what he could produce. That is Starlifter, home of the electronic war- signed to maintain them. an excess of 58 percent up there, and it fare and avionic centers. We do all the As I pointed out, the Navy has closed is about the same all the way across at maintenance work on the helicopters three of six; the Army six of nine. Let all of our bases. operated by the United States Air us take a look at this chart. It only made sense for the BRAC Force, and we do all special operations The long black lines represent capac- commission to say, hey, something is aircraft. ity, and they are fixed. Capacity in this not right here. We are costing the It was quite ironic that Robins Air sense measures industrial facilities and American taxpayer money by having Force Base competed with every other the design capability of real facilities all of these bases open and all of this Air Force Base in the World over the and buildings. The only way to de- excess capacity out there that is cost- last couple of years and received the crease this obvious excess capacity is ing so much just to open the gates award as the best Air Force Base in the to make the hard choices and close in- every morning. What we have to do is, whole world. It was really ironic that stallations. from a business standpoint, we have that announcement was made back in The white lines represent workload. got to close some of those bases to nar- the spring, and the next week Robins These will continue to decline as we row that capacity down and try to pro- Air Force Base was placed on the complete the downsizing of our armed vide for work to be done during surge BRAC Commission list to be considered forces. periods, such as Desert Storm or any for closing. The gray lines that we see show just other catastrophe that might arise or Mr. Speaker, thank goodness we had how much of the current depot work war that may break out somewhere, we a great experience in going through the loads are core and, as such, would re- have to leave capacity there for that, BRAC process. As I worked with each main in the organic depot system. but we can do that and, at the same of these gentlemen and some other gen- The problem displayed so clearly on time, save the American taxpayer bil- tlemen that were involved frankly in this simple chart is obvious. Our depot lions and billions of dollars. And this is November 7, 1995 CONGRESSIONAL RECORD — HOUSE H 11823 the way we do it. We consolidate the cal leader, we are all given a shot. We ought to be closed as opposed to the work at less depots than what we have all had our shot. We all realized our downsizing in place of all five, as was now. bases were on the base closing list. So recommended by the Air Force. The Mr. Speaker, as the gentleman from we said, come on, you can go in there. Air Force wanted to keep them all five Utah said, the Navy has done it, the They came to our bases respectively. open just in case there was a major Army has done it, and it was time for We toured them around. We made the outbreak of war. And they had a plan the Air Force to do it, and that is what best pitch. We got people in there from designed where they thought they we have done. our community to put up thousands of could keep operating, but the BRAC Mr. HANSEN. Mr. Speaker, let me re- dollars. They had bands playing and commission thought that was not the spond to what the gentlemen have both kids yelling and giving out lollipops right thing to do. said. and the whole bit to try to influence The BRAC commission took the I want to talk about the base analy- the BRAC commission. And every one numbers that the gentleman has on the sis of how this came about. I do not was a big boy. We all knew we were chart right there and went down the know if the people in America realize taking our chances, but the main thing list of each of the eight criteria that that prior to the base closing law how was not the balloons and the lollipops. the BRAC commission set forth. And many bases were closed. We know the The main thing was the information they made a decision based on the con- answer to that was zero. Not one. Be- that they got from where? From the sideration of all of those eight criteria cause any Congressman worth his salt Pentagon. that it was in the best interest of this could come in here and he could just And I happen to have here a base country from a taxpayer standpoint stop it one way or another because all analysis, and this was flashed up in and from a national security stand- of his buddies did not want to have his front of the BRAC commission, put point that two of those bases be closed, closed. there by the U.S. Air Force. I recalled, that we could handle all of the depot as you gentlemen did, on the last day maintenance capacity at Hill Air Force b 2100 when the BRAC commission decided Base, at Tinker Air Force Base and at So they would close them all. People whether or not to close some of these Robins Air Force Base. Based upon would come in, and they would not ALCs. The Navy has done it. The Air their decision to do that, they made allow them to be closed. And they Force has done it. the recommendation that those two would go out to their districts and brag They asked the question, is this the bases be closed. how well they had done. chart you looked at, will you stand by And it was right interesting what Was it necessary to do a base closing? that chart? And the answer from the evolved from that decision, which was I think absolutely it was necessary. Secretary of the Air Force, General made back July 1, I believe, is the date There is no way we could continue with Fogleman, was yes, we stand by that that that was done and the President the amount of money we were putting chart. had about 15 days to come back and ei- in defense, when we were facing the old As you both pointed out, we have ther accept that recommendation evil empire, the old Soviet Union. At nothing against our good friends at along with the BRAC recommendation that point we had to pour billions and McClellan. We have nothing against with respect to all other bases all billions of dollars into defense. And be- our good friends at San Antone, but across the country, or he could reject cause of that, we were able to bring they came in last in both these in- it. And then Congress had the same op- them to their knees. stances. So it was easy for the BRAC tion of either accepting it or rejecting I still remember when Mr. Gorbachev commission to look at this. Look at it. And it was interesting that the gave his concession speech. A man that the tiers. Look at how they rated president started playing politics im- I knew from the Soviet Union said, you them. Look at the cost to close. Look mediately. spent us under the table. Your tech- at the annual savings, the return on in- There are 53 electoral votes in Cali- nology was so great. We could not run vestment, the economic impact. It was fornia. There is 40 something in Texas. with you. You are way ahead of us. simple to do that. It did not take a Those two States are very important Well, we did that, but then we cannot rocket scientist to look that up. This to any President who wants to get re- keep it going at that level. We all know was the military. This was the Air elected. He knew that this would have that. It could not happen. So we passed Force’s own version of what should a negative, closing of those two bases the base closing law out of that. That happen. would have a negative effect on his re- is Public Law 101–510. It established the It is not something that we came up election campaign in 1996. So what did independent Base Closure and Realign- with, even though we were doing our he do? He began immediately playing ment Commission. And incidentally, very best to show the best side of our the role of what can I do to preserve there is not one of those for parks, in bases, and we were right, our bases my position with respect to those two case anyone wants to bring that up. were excellent. But it came up from huge military facilities and hopefully This independent commission was de- those people. be able to save the votes that are going signed to shield the difficult issue of We know about the BRAC process in to be necessary for me to secure the base closure from the political pressure my home State of Utah. Utah has had electoral votes in California and Texas. of an individual congressional district a base closed every round of BRACC. And I have in front of me the letter and political favoritism of the Presi- From 1987 to 1993, Utah dropped from that the President wrote back to the dent and the administration. In other 5th to 15th in defense-related expendi- Congress when he reported back on his words, we said, Mr. President, you do tures. With the closure of the second decision following the BRAC commis- not have anything to do with it. Con- largest employer in the State, Twill sion’s recommendation. I would like to gressman Oklahoma, Georgia, Utah, Army Depot in BRACC 1993, Utah has read just a couple of sentences out of you guys do not have anything to do dropped from 23d to 48th nationally in there because we want to get both of with it. We are going to put this inde- total defense dollars in the State. And you gentlemen to talk about what pri- pendent commission there to get this we had to go through that. We cannot vatization in place is and why we are job done. Because if the political ele- selfishly say, yes, hurt you, hurt them here tonight talking about it. ment there is, it is not going to hap- and do not hurt me. That was the rea- The President said as follows: pen. son behind BRACC. In a July 8, 1995 letter to Deputy Secretary This process has worked well. We And now the question comes up, what of Defense White, Chairman Dixon confirmed have closed well over 100 major instal- did the 1995 BRACC commission decide that the commission’s recommendations per- lations with project savings of billions and why? Would either of my col- mit the Department of Defense to privatize and billions of dollars. The reason it leagues like to respond? the work loads of the McClellan and Kelly fa- works is because decisions are made on Mr. CHAMBLISS. Well, what the cilities in place or elsewhere in their respec- tive communities. The ability of the Defense certified, objective data designed to re- BRAC commission decided was that it Department to do this mitigates the eco- evaluate military value and are re- was time to look very closely at the nomic impact on those communities while viewed by an independent BRAC com- five Air Force depots and make a deci- helping the Air Force avoid the disruption in mission. Each community, each politi- sion as to whether or not any of them readiness that would result from relocation H 11824 CONGRESSIONAL RECORD — HOUSE November 7, 1995 as well as preserve the important defense the viability and merit of this plan. motion had been made by any one of work forces there. Simply put, I have thought through Dr. the eight commissioners to privatize in First of all, let me just say, did the White’s proposal and cannot make place like the President of the United gentleman from Oklahoma have any sense out of it. A few questions come to States is now changing the BRACC law conversation with members of the mind, and I asked them these ques- to do, that it would have been soundly BRAC commission concerning this tions. defeated? Is that what they said? issue of privatizing in place that the My primary concern results from an Mr. WATTS of Oklahoma. Soundly President has referred to here? apparent contortion of the BRAC rec- defeated. As a matter of fact, the words Mr. WATTS of Oklahoma. Yes, I did. ommendations. By any reasonable of the commissioner were, ‘‘I am 100 It is interesting, before I get into some standard, the winners appear now to be percent certain that it would have been of the letters I had written, I wrote all the losers, and I refuse to accept that defeated unanimously.’’ ‘‘I am at a loss of the commissioners of BRAC and after the long and hard battle was to understand why’’ were some of the they reported back to me. I got re- fought and won by Tinker Air Force other comments that I got from the re- sponses back from several of them. I Base and the other two facilities, how sponse. I am at a loss to understand will read those here in just a second. privatization in place results in reduc- why it would be in the Air Force’s best But it is quite interesting to me that ing excess capacity cited by the BRAC interest, as I said, to protect its lowest these commissioners had a very, very commission without reducing infra- ranking depots at the expense of its difficult job to go into these commu- structure at the three other air logis- three superior installations. We had nities, every one of these communities, tics centers. one commissioner that said, he did not these five different communities, Hill, I went on to ask, did the BRACC provide a written response to me but I Tinker, Robins, Kelly, and McClellan, truly intend privatization in place as a talked to him on the phone. go into these communities and look in viable option for McClellan and Kelly. b 2115 the eyes of every one of the taxpayers, I know it was recommended at two of every one of the people in those com- the other locations, but why was it not He said, ‘‘Privatization in place munities that were dependent on these specifically mentioned for McClellan would not have been approved if offered jobs and finally conclude that these and Kelly if it was intended as a before the BRACC.’’ I said one Commis- two have to be closed is what we are BRACC recommendation? If privatiza- sioner told me they were 100 percent going to recommend for closure. That tion in place is such a good idea, why certain it would have been defeated was a very, very difficult job. was this strategy not brought to light unanimously. Do you stand behind I think it is a sad commentary on in hearings or at the final vote? that? He said, ‘‘You bet I do. I, too, am what the President has done and just Why was privatization in place not 100 percent certain that it would have kind of, in my opinion, kind of mentioned as part of the Air Force’s been defeated unanimously.’’ There is backhanding the commissioners and original proposal? How does privatiza- another Commissioner who said, ‘‘The saying, I am going to ignore all the tion in place at McClellan and Kelly Commission’s review clearly docu- trials and tribulations and difficulties provide for and enhance national secu- mented significant excess capacity in and burdens you went through and try rity position? the five Air Force logistics centers. to be fair and being apolitical and say- I believe, and I shared with the com- Privatization in place of all of the ing we are not going to play politics, missioners, I said, I believe in the workload of Sacramento and San Anto- Republican or Democrat, and we are BRACC and do not want to see a politi- nio air logistics centers could result in not going to consider that one is in cal strategy overtake a responsible and privatizing excess capacity rather than Oklahoma City or in Georgia, Utah, reasonable approach to downsizing our eliminating it.’’ That was the objective California, Texas, that is not impor- defense structure. I encouraged them of the BRACC, to eliminate the excess tant to us. We are after excess capac- to give me an apolitical answer. I capacity, not privatize it. ity. Went in and made some difficult shared with them a letter. I seek an Mr. HANSEN. Mr. Speaker, I think decisions. They recommended two fa- apolitical answer to these questions. this is fascinating, what the two gen- cilities be closed. And they also went And these are some of the comments tlemen have brought up, absolutely on to say that over a 7-year period of that I got back as I went through the damning evidence, if I may say so. time that if these recommendations responses. First, the BRAC Commission took the were implemented or executed, that $19 One of the commissioners said: response from the Air Force. We all billion, $19 billion would be saved over Moreover, not allowing the remaining know the Air Force said, ‘‘Keep all five a matter of 7 years. ALCs, all of which ranked higher in military of them open.’’ The BRAC Commission When you talk about the electoral value, to compete for the additional work- looked at it and said, ‘‘We’ve got too votes in California and Texas, that load would cause them to become increas- much excess capacity,’’ which is what tells me that if the President is going ingly less cost competitive in the future. we are talking about. to ignore saving $19 billion over the Even beyond common sense issues of most The General Accounting Office re- effectively utilizing our limited defense re- viewed that and agreed completely next 7 years because of electoral votes, sources, I am at a loss to understand why it that is a pretty doggone expensive would be in the Air Force’s interest to pro- with the BRAC Commission. There campaign, $19 billion. That is, boy, you tect its lowest ranking depots at the expense were so many. So here are the words are talking about campaign reform. We of its three superior installations. that the BRAC Commission came up really need campaign reform from He went on to say: with in the final report after they had that. As difficult as it was to vote for the clo- done this exhaustive study, all of this As you said, my friend from Georgia sure of two facilities of this size and quality, work with all these high-paid staffers. shared that I have written the commis- the commission voted 6 to 2 to do so because ‘‘The Commission found that signifi- sioners and got some responses back we felt that it was in the best interest of the cant excess capacity and infrastructure from them. I want to share with you, air force, DOD and the American taxpayers. in the Air Force depot system requires with my colleagues, what I got back This is one I really found interesting: closure of McClellan Air Force Base from these commissioners, the re- If any commissioner had offered a motion and the San Antonio Air Logistics Cen- sponse that I got back from several of to privatize in place as the President pro- ter, and the Commission found the clo- them. poses, I am 100 percent certain that such a sure of the McClellan Air Force Base First of all, I had written a letter motion would have been defeated handily. and San Antonio Logistics Center per- asking them questions about what That sounds like to me that this mits significantly improved utilization their intentions were, did they intend commissioner is pretty confident that of the remaining depots and reduces to privatize in place or recommend this privatization in place or deal was DOD operating costs.’’ that or encourage that. And I shared never meant to be by any of the com- So if we go to this next chart, we see with them a letter that the President missioners. if we close those in this capacity, here had proposed for the privatize-in-place Mr. HANSEN. Is the gentleman say- we are without BRACC, and here we option for McClellan and Kelly air lo- ing, from what he has in front of him, are with BRACC. We are now up to 73 gistics centers. However, I questioned that the commissioners said, if that percent. That is about where we ought November 7, 1995 CONGRESSIONAL RECORD — HOUSE H 11825 to be, considering that contingencies the RECORD what the law really says, had been employed there, and people come along. We do not know when it is so people who are listening could see were talking about what they were going to play that peak and valley this for themselves. Public law 101–510 going to do now. thing predicated upon conditions in the states: To have the Commissioners go world, so this is principal, the ultimate If the President approves all the rec- through that torture of making some place to be, 73 percent. ommendations of the Commission, the Presi- very, very difficult decisions, and any However, you gentlemen have both dent shall transmit a copy of said rec- one of the three of us could have been brought another factor into this. After ommendation to the Congress, and if the in the same position, going into the the BRACC wisely made this decision, President disapproves the recommendation process. We did not know who was after they had finished their work of the Commission, in whole or in part, the going to be saved, we did not know who President shall transmit to the Commission was going to make the cut. We had no which they had to do under public law, and the Congress the reasons for the dis- they then submitted it to the President approval. The Commission shall transmit to idea. All I had ever asked in the proc- of the United States. May I ask the the President a revised list of recommenda- ess is, judge us on our merits, judge us gentleman from Georgia [Mr. tions. The law gives the President no author- on our quality, judge us on the stand- CHAMBLISS] what were the choices the ity to forward the list of recommendations ards of the leadership at Tinker and President had under the law as you un- to the Congress with any changes or specific the community of Midwest City and derstand it by your legal mind? guidelines for its implementation. the surrounding communities, and the Mr. CHAMBLISS. The President had If that is the case, what happened employees and the contractors of Tin- the right to either accept the rec- here? What did we get out of this after ker. Judge us on the standard that ommendations of BRACC or reject the the President of the United States they have created for themselves, cre- recommendation of BRACC. There was looked at the recommendation that the ated of expectancy, judge us on that. not option one way or the other. BRAC Commission worked all that We can live with that. Mr. HANSEN. I would ask the gen- time on, all that money, all that effort, We went through that, we won, and tleman, does he have any third alter- all that work of the best heads in through this process now all three of us native to this? Does the law say you America? What did we get? become the losers. could bring an additional thing to it, or As the gentleman from Georgia Mr. HANSEN. Do you not think that does he just have those two options? brought up, no one had ever heard of the United States of America and this Mr. CHAMBLISS. Those are the only this term ‘‘privatization’’. Where did Congress and the administration owes two options he had. this idea come from? If that is the case, a great debt to eight very courageous Mr. HANSEN. That is the way the there are 71 bases out there besides the people? Mr. WATTS of Oklahoma. That is gentleman from Oklahoma understands ones we are talking about tonight, and I bet if we send a letter to the folks right. it. Mr. HANSEN. They did one whale of there, do you know what they would Mr. WATTS of Oklahoma. That was a job. The others were good. I have say? ‘‘Privatize me, too. How come I my understanding. The President lived through those. I think these eight am being discriminated against? Pri- called a play that was not in the play- individuals did a super job. They laid vatize me, defense depot Ogden, Tooele book. What he was doing was never an politics aside and they did what they Army depot,’’ as I mentioned, in my option, it was never intended by the thought was the best for America, and State, and we can mention in all the Commissioners of BRACC. I think no one moved the goalpost on them, no States the same thing, ‘‘Privatize us.’’ those charts are very telling of the di- one came up with some new rules. They But the gentleman from Georgia and lemma that this privatization-in-place played by the rules they knew. plan puts the Air Force in. the gentleman from Oklahoma hit I guess the question we have to look Mr. HANSEN. Those of us who were upon why that is. It seems abundantly at as we wind up our special order here here when that law went through and clear, and sadly, too, I may add; 52 tonight is, does the President have the those of us who argued it thought it electoral votes in one State and 47 in right—he did not have the right, which was crystal clear. Our attorneys another State. Why would the Presi- is very clear with everybody, and I do thought it was crystal clear. The Pen- dent make those promises when he not know anyone that disputes that, tagon attorneys thought it was crystal knew he would be in violation? that he had the right to privatize. That clear. At that time the Reagan and Mr. WATTS of Oklahoma. If the gen- was not even part of it. It was not even Bush administration thought it was tleman will continue to yield, I think a consideration in the entire BRACC crystal clear, or I guess it was the Bush it is very clear, and I want to reiterate hearing. No one even brought it up administration. They thought it was that again, this privatization-in-place until he did. Then the question comes all crystal clear. plan was not about jobs, it was about up: Would he have the right to pri- Now we come along and, all of a sud- one job, the job that allows you to oc- vatize under the law of the land as we den we have a new play that was not in cupy that big white house down there know and understand the law? Is any- the playbook. on Pennsylvania Avenue. Again, I just body above the law? Mr. CHAMBLISS. If it was not crys- think it is really unfortunate that we I sat on the Ethics Committee for 12 tal clear, why was not the privatiza- have circumvented a very—that a very years and I went through 29 cases. In tion-in-place issue brought up by the sound, apolitcal process has been cir- those 29 cases, from time to time we White House prior to the time the cumvented. I think, too, this hurts the would find a Member of Congress who BRACC decision was made? credibility of a system that has been thought he could bend it, break it, or Mr. HANSEN. A great question to used for some time, the BRACC proc- get away with something. I remember bring up, is it not? ess, and I think it obviously will hurt distinctly being in charge on the Re- Mr. CHAMBLISS. Also what if Tin- the credibility of the BRACC process if publican side of the check-cashing ker Air Force Base and/or Robbins Air we ever go through this again, simply area, and how many of our colleagues Force Base and/or Hill Air Force Base because people just will not have any thought that they could bounce had been closed? Did you gentlemen re- confidence in it anymore, so we are not checks. A lot of them, they would go to ceive any indication that the President just fighting for the facilities that we jail if they were in the private sector; would have stepped forward and, said represent. We are fighting for the in- but no, they went ahead and did it, and ‘‘Mr. WATTS, we want to privatize in tegrity of the process, the integrity of did not think it would ever come home place out at Oklahoma City and keep those Commissioners that went in and to roost. your employees out there and continue faced those citizens and those tax- I remember one President that we all to pay these folks?’’ Was that ever payers. honor and respect, FDR, who thought mentioned to you? I remember, the day after the rec- he could pack the Court. That blew up Mr. WATTS of Oklahoma. That was ommendation had been made public, in his face. There is no man who is never mentioned, no. seeing the Oklahoma City paper the above the law. There is no woman Mr. CHAMBLISS. No. next day and seeing the faces of some above the law. Mr. HANSEN. Possibly for this dis- of the people down in San Antonio that Now I would like to put up another cussion tonight, we should read into had been around for 37, 38 years and chart which shows four specific parts of H 11826 CONGRESSIONAL RECORD — HOUSE November 7, 1995 the law that privatization would vio- cause we wanted to change the law is something that was privatized years late. I would like to know if someone somewhere. We wanted to see a dif- ago. It works well. It got the govern- could respond as to how anyone thinks ferent direction for America. We want- ment out of that particular business of they could get around this, or why they ed to see something happen. financing. The government was losing should, or why it even should be on the We do not say ‘‘violate it’’ when peo- money in it. We turned it over to the table. ple come up to me and say, ‘‘You do private sector. It works. Let us not do Mr. CHAMBLISS. As the gentleman not have to pay your taxes.’’ Do you something that is going to make us mentioned, this is a bipartisan issue, know what is going to happen to you? look back 10 years from now and say too. This has happened to Democratic You are going to be looking out the gee whiz, why in the world did we ever Presidents, it has happened to Repub- other side of the bars, because you think that we could turn the maintain- lican Presidents. When they were have to pay your taxes. If you do not ing of military equipment over to the called and asked, ‘‘Why are you violat- like that, run for Congress and get it private sector and cost the lives of our ing the law?’’ when they do not have a changed. If Mr. White, Mr. Perry, and young men and women who are going response to it, that they have to be Mr. Bill Clinton do not like this, then to the forefront of the battle. dealt with accordingly. change it, but right now this is the law Mr. WATTS of Oklahoma. Mr. Speak- Mr. HANSEN. I would like to point of the land, and I expect the President er, I have nothing further to say, ex- out here in this chart, if people could of the United States, the Secretary of cept that I think what we have tried to see, we have four specific areas of the Defense, and all of us to uphold the do is state the facts and that is what law. We give the code number. You are law. What is so wild about that? we have done. The gentleman from welcome to look it up, debate it, talk Mr. CHAMBLISS. The gentleman Utah [Mr. HANSEN] has four different about it, and bring it into your legal makes a good point on the issue of pri- statutes there before us that all Ameri- circuit. This one identifies a require- vatization. We happen to all three be cans can see. Anyone that would be a ment for core organic logistic func- Republicans. We believe in privatiza- proponent of privatization in place can tions. This second one requires studies tion. We think we need to get the Fed- see that you can neither circumvent, and reports to Congress prior to trans- eral Government more out of our daily nor ignore, what is on the books. fer of work from DOD civilian to con- lives and out of our business lives than So I think we have spoken the facts tracted performance. The third one re- we have right now. I think all three of this evening. I think we have shared quires no more than 40 percent of us are totally committed to trying to with the American people how the depot-level maintenance performed by downsize the Federal Government. We President has just totally ignored the private contractors. The fourth one re- think the Federal Government is doing law, and I think it is important that we quires merit-based competition prior too many things now that we ought not continue to fight this battle and con- to transfer of any workload valued over to be doing. tinue to say to all of those that would $3 million per year. But there is one key difference in support this effort of privatization in I do not think any of us do not think privatizing military depots and place that it will not work. that something should be privatized. Of privatizing other agencies where the One more thing, Mr. Speaker, before course something should be. But Con- Federal Government is involved. That I yield back to the gentleman from gress has established the rules of what issue is exactly what the gentleman Utah, is that it is interesting how I can and cannot be. I do not think any just spoke to. In times such as Desert have been contacted by, and my office of us want to turn around and say to Storm, times of Korea and times of has been contacted by people out at the industrial defense complex, ‘‘You Vietnam, and going all the way back in Kelly saying that we do not want to have the whole thing. You fly the air- every war that we have fought, we have privatize in place. We would prefer that planes. You take care of it. You drive had military personnel going to the these jobs go to Tinker or Utah. We the tanks. You drive the submarines.’’ scene of the battles, going to the loca- would prefer that they go there and It would not work. We would lose. We tion where wars were fought and mak- give us the opportunity to follow these know that. ing sure that our tanks ran, that they jobs. How do you say to a McDonnell started when we turned the switch, So the employees, many of the em- Douglas, ‘‘Pack up and go to the Per- that our airplanes flew, that our ships ployees at Kelly have said, we are not sian Gulf and fight right now?’’ They rode high in the seas to provide the se- even supportive of the privatization in are private people. They do not work curity that this country demands. If we place. So again, there are a lot of stat- for the Government. We have to main- do not have that security, then we will utes, a lot of law, a lot of common tain that. Whether it is right I guess is never remain the world’s greatest mili- sense and wisdom surrounding this debated, but we think that we have tary power. Thus, we will never remain thing, and those who are proponents of worked out a good compromise be- the world’s greatest country that we this privatization effort, they are just tween core maintenance work done at are right now. our military installations, our depots, totally ignoring these laws. b and what goes to the private sector. 2130 Mr. HANSEN. Mr. Speaker, I think That is the issue that we are looking at I think it is absolutely ludicrous to the gentleman makes an excellent here. think that we can go to the private point. Those people that have worked I would hope that the President of sector and say, okay, you hire folks, long and hard, many of those people the United States, that Mr. White over train them, and tell them that if war have come into being civilian workers at the Pentagon, that Secretary Perry breaks out, they have to go dodge bul- for the military, and have been there in the Pentagon and all those people, lets, they have to go stand on the front many, many years, and now privatiza- and especially their legal heads, would lines and make repairs to the vehicles tion in place does not mean any sure carefully examine these four require- and the airplanes and the ships or bet for them, none whatsoever. But if ments that we have in front of us at whatever it may be that the military is their job moves, they could move with this point, fully knowing the Congress going to require, and you have to get their job, and that is something that a will not back down from this stand, those people on line and have them lot of them would want, to see out that we fully intend to carry this out ready to go and dodge those bullets; we their careers, to retire as Federal em- to its conclusion, and if they do not know that is not going to happen. We ployees. Can anyone fault them for like that, they should change the law. have good, qualified, trained military that? I cannot. Every one of us in our lives have been personnel to carry out those functions Mr. Speaker, I would like to make at the dinner table or at a meeting now. That is the difference in the pri- one point, and that is, when we stand with our friends or at a public meeting vatization that we are talking about up and debate in this hall about the au- of the PTA and somebody gets all ex- right now and the privatization of thorization of the defense bill, we have cited and says, ‘‘Doggone it, something other agencies that we have in this people stand up constantly and say, the is wrong here.’’ The answer is, ‘‘Change country. Cold War is over, we do not need sub- it, then.’’ I think most of the 435 of us Mr. Speaker, a good example of pri- marines, we do not need bombers, we who are in this Chamber are here be- vatization is Fannie Mae. Fannie Mae do not need fighters, we do not need all November 7, 1995 CONGRESSIONAL RECORD — HOUSE H 11827 of these things. Why do we have them? As Members of the Committee on Na- b 2300 Let us put it in some social program. tional Security, we have been debating REPORT ON RESOLUTION PROVID- Admittedly, some of the social pro- a very hot issue in our committee, and ING FOR CONSIDERATION OF grams have their genesis in very that is Bosnia. I bet if you took a vote worthwhile projects, some of them HOUSE JOINT RESOLUTION 115, among the three of us, I think all three FURTHER CONTINUING APPRO- probably do not. But it really amazes of us would be voting the same way of me that America today, most of us, the PRIATIONS FOR FISCAL YEAR having very grave doubts about wheth- 1996 three of us here, those in this room, er or not we ought to ever send troops Mr. GOSS, from the Committee on those people that are listening at this to Bosnia. Unfortunately, the Presi- particular time, were able to raise our Rules, submitted a privileged report dent appears to be headed in that direc- families, get our education, get to (Rept. No. 104–326) on the resolution (H. tion. whatever professional thing we wanted Res. 257) providing for the consider- to do, build our business, because we We have airplanes flying over there ation of the joint resolution (H.J. Res. were all raised for the last 40 years right now. We had one airplane shot 115) making further continuing appro- with a nuclear sword over our heads. down over there. That pilot I think priations for the fiscal year 1996, and But we did that without firing the shot took some resolve in the fact that he for other purposes, which was referred that everyone thought would be. knew that his rescue team was going to to the House Calendar and ordered to When I first came to Congress there be Americans flying in there in Amer- be printed. was a survey done that said, 85 percent ican-made equipment and American- f of the people in America felt there maintained equipment. Those are the would be an exchange between the old type of things that our military per- HOUR OF MEETING ON TOMORROW Soviet Union and the United States by sonnel right now rely on. They know Mr. GOSS. Mr. Speaker, I ask unani- the turn of the century. Well, that did that their equipment is maintained by mous consent that when the House ad- not happen, and it did not happen be- the very best that America has to journs today, it adjourn to meet at 11 cause Congress, America, basically, offer, and it always will be, as long as a.m. tomorrow. had the will and the wisdom to keep a we maintain the depot structure in all The SPEAKER pro tempore (Mr. strong core maintenance of people of our military branches. But if we ever DREIER). Is there objection to the re- keeping this Nation free. get outside of it, if we lose control of quest of the gentleman from Florida? So a lot of us have gone on criticizing There was no objection. the government, doing what we do in it, we will never get that control back f our business, whatever we want to do, again. and you have done it because there has Let me just say that I thank both of LEAVE OF ABSENCE been a strong military presence in the you for participating in this tonight, By unanimous consent, leave of ab- world today. and I think we are about to wind down, sence was granted to: The SPEAKER pro tempore. Under a and as the gentleman from Utah said a previous order of the House, the gen- Mr. WELDON of Pennsylvania (at the little earlier, the three of us, and I request of Mr. ARMEY), for the week, on tleman from Utah [Mr. HANSEN] is rec- would venture to say that most every- account of medical reasons. ognized for 5 minutes. body in this body, intends to take this Mr. HANSEN. Mr. Speaker, are there Mrs. MYRICK (at the request of Mr. issue head-on with the Department of any bad guys left out there that we ARMEY), for today, on account of ill- Defense and with the White House and need this for? Well, think about it. I ness. also sit on the Committee on Intel- we are going to win it. We are going to f ligence. I am not saying anything that ensure that our depots are maintained SPECIAL ORDERS GRANTED should not be said, but we all know and that our men and women that wear there is a lot of bad guys still there. the uniforms in this country always By unanimous consent, permission to They may be bad guys, but they are have equipment that is maintained by address the House, following the legis- not dumb guys, and they know very military personnel in the best manner lative program and any special orders well what they could do to this country possible. Thank you very much. heretofore entered, was granted to: and would very likely like to do if they Mr. HANSEN. Mr. Speaker, I yield (The following Members (at the re- had the option to do it. back the balance of my time. quest of Mr. WISE) to revise and extend When we had our trips over to the their remarks and include extraneous Persian Gulf, does anyone think Sad- f material:) dam Hussein would not mind lobbing Ms. DELAURO, for 5 minutes, today. The SPEAKER pro tempore (Mr. two or more in here? Do you think Kim Mr. WISE, for 5 minutes, today. BUNN of Oregon). The Chair recognizes Il-song likes us any better? Do you Mr. FALEOMAVAEGA, for 5 minutes, the gentleman from Massachusetts think some of these other nations are today. our best friends? No, they are not. [Mr. NEAL]. Ms. KAPTUR, for 5 minutes, today. You go to work every morning, you The SPEAKER pro tempore. Under a Mr. POMEROY, for 5 minutes, today. send your kids to school, you have the previous order of the House, the gen- (The following Members (at the re- benefits and beauties and blessings of tleman from Massachusetts [Mr. NEAL] quest of Mr. HAYWORTH) to revise and his country, and a lot of it is because is recognized for 5 minutes. extend their remarks and include ex- we have fine young men and young traneous material:) women who have the courage to keep [Mr. NEAL addressed the House. His Mr. TATE, for 5 minutes, on Novem- this Nation free. The least we can do remarks will appear hereafter in the ber 9. for them is give them the right and Extensions of Remarks.] Mrs. SEASTRAND, for 5 minutes, today. adequate equipment, depots, airplanes, f to keep this Nation free. We cannot let Mr. SHADEGG, for 5 minutes, today. Mr. MCINTOSH, for 5 minutes, today. down on that promise. We would be be- RECESS traying our oath of office if we did. Mr. EHRLICH, for 5 minutes, today. Mr. CHAMBLISS. Mr. Speaker, if the The SPEAKER pro tempore. Without Mr. METCALF, for 5 minutes, today. gentleman would yield, the gentleman objection, pursuant to clause 12 of rule Mr. KIM, for 5 minutes, today. makes an excellent point that the Cold I, the Chair declares the House in re- Mr. HAYWORTH, for 5 minutes, today. War certainly is over. The Soviet cess subject to the call of the Chair. Mr. ENGLISH of Pennsylvania, for 5 Union is not a threat to us right now, minutes, today. although they may become a threat Accordingly (at 9 o’clock and 40 min- Mr. SCARBOROUGH, for 5 minutes, again. We do not know where it may be utes p.m.), the House stood in recess today. 10 years from now; it is in some uproar subject to the call of the Chair. Mr. SMITH of Michigan, for 5 minutes over there right now. each day, today and on November 8. H 11828 CONGRESSIONAL RECORD — HOUSE November 7, 1995

Mr. TORKILDSEN, for 5 minutes, on The motion was agreed to; accord- 1623. A letter from the Administrator, Gen- November 8. ingly (at 11 o’clock and 1 minute p.m.), eral Services Administration, transmitting a Mr. BURTON of Indiana, for 5 minutes under its previous order, the House ad- draft of proposed legislation entitled ‘‘Fed- each day, today and on November 8. journed until tomorrow, Wednesday, eral Employee Tax Reimbursement Act of 1995’’; to the Committee on Government Re- Mr. ROHRABACHER, for 5 minutes, November 8, 1995, at 11 a.m. today. form and Oversight. f 1624. A letter from the Executive Vice Mr. DORNAN, for 5 minutes, today. President, United States Institute of Peace, Mr. FOX of Pennsylvania, for 5 min- EXECUTIVE COMMUNICATIONS, transmitting the 1994 annual report in com- utes, today. ETC. pliance with the Inspector General Act f Under clause 2 of rule XXIV, execu- Amendments of 1988, pursuant to 5 U.S.C. tive communications were taken from app. (Insp. Gen. Act) Sec. 5(b); to the Com- EXTENSION OF REMARKS mittee on Government Reform and Over- the Speaker’s table and referred as fol- By unanimous consent, permission to sight. lows: revise and extend remarks was granted 1625. A letter from the Secretary of the In- to: 1614. A letter from the Director, Defense terior, transmitting the annual report on Finance and Accounting Service; transmit- (The following Members (at the re- reasonably identifiable Federal and State ex- ting notification that the Defense Finance penditures for endangered species in fiscal quest of Mr. WISE) and to include ex- and Accounting Service is initiating a cost year 1993, pursuant to 16 U.S.C. 1544; to the traneous matter:) comparison study of the DFAS vendor pay Committee on Resources. Mr. KENNEDY of Massachusetts. function supporting the Defense Commissary 1626. A letter from the Acting Assistant Mr. TORRES. Agency [DeCA], pursuant to 10 U.S.C. 2304 Secretary (Civil Works), Department of the Mr. UNDERWOOD. note; to the Committee on National Secu- Army, transmitting the Department’s bien- Mr. MATSUI. rity. nial report on the implementation of section Mr. MANTON. 1615. A letter from the Chairman, Federal 1135 of the Water Resources Development Mr. HASTINGS of Florida. Deposit Insurance Corporation, transmitting Act of 1986, as amended, pursuant to 33 Mr. VISCLOSKY. the Corporation’s semiannual report on the U.S.C. 2294 note; to the Committee on Trans- Mr. LIPINSKI. activities and efforts relating to utilization portation and Infrastructure. Mr. PALLONE in two instances. of the private sector, pursuant to 12 U.S.C. 1627. A letter from the Director, Office of (The following Members (at the re- 1827; to the Committee on Banking and Fi- Management and Budget, transmitting the quest of Mr. HAYWORTH) and to include nancial Services. Director’s concerns with respect to the extraneous matter:) 1616. A letter from the Director, Defense House-passed budget reconciliation bill con- Security Assistance Agency, transmitting Mr. BURTON of Indiana. taining language allowing companies to re- notification concerning the Department of Mr. SANFORD. move pension assets freely and use this the Army’s proposed Letter(s) of Offer and Mr. SOLOMON. money for any purpose whatsoever; to the Acceptance [LOA] to Egypt for defense arti- Mr. DAVIS in two instances. Committee on Ways and Means. cles and services (Transmittal No. 96–12), Mr. MANZULLO. 1628. A letter from the Secretary of Health pursuant to 22 U.S.C. 2776(b); to the Commit- and Human Services, transmitting the De- Mr. CUNNINGHAM. tee on International Relations. Mr. SHUSTER. partment’s report on data necessary to re- 1617. A letter from the Assistant Secretary view and revise the Medicare Geographic Mr. FRELINGHUYSEN. for Legislative Affairs, Department of State, (The following Members (at the re- practice cost index [GPCI], pursuant to Pub- transmitting a copy of Presidential Deter- lic Law 103–432, section 122(c) (108 Stat. 4409); quest of Mr. HANSEN) and to include ex- mination No. 96–2: Determination and Cer- jointly, to the Committees on Ways and traneous matter:) tification for Fiscal Year 1996 concerning Ar- Means and Commerce. Ms. MCCARTHY. gentina’s and Brazil’s Ineligibility Under Mr. FORBES. Section 102(a)(2) of the Arms Export Control f Mr. UNDERWOOD. Act, pursuant to 22 U.S.C. 2799aa–2; to the REPORTS OF COMMITTEES ON Mr. ALLARD. Committee on International Relations. PUBLIC BILLS AND RESOLUTIONS Mr. LATHAM. 1618. A letter from the Assistant Legal Ad- Mr. RICHARDSON. viser for Treaty Affairs, Department of Under clause 2 of rule XIII, reports of Mr. FRANKS of New Jersey. State, transmitting copies of international committees were delivered to the Clerk Mr. PALLONE. agreements, other than treaties, entered into for printing and reference to the proper by the United States, pursuant to 1 U.S.C. f calendar, as follows: 112b(a); to the Committee on International ENROLLED BILLS SIGNED Relations. Mr. HYDE: Committee on the Judiciary. 1619. A letter from the Assistant Secretary H.R. 994. A bill to require the periodic review Mr. THOMAS, from the Committee for Legislative Affairs, Department of State, and automatic termination of Federal regu- on House Oversight, reported that that transmitting a copy of Presidential Deter- lations; with an amendment (Rept. 104–284, committee had examined and found mination No. 96–1: Determination and Cer- Pt. 2). Referred to the Committee of the truly enrolled bills of the House of the tification Concerning Brazil’s Ineligibility Whole House on the State of the Union. following titles, which were thereupon Under Section 101 of the Arms Export Con- Mr. YOUNG of Alaska: Committee on Re- signed by the Speaker: trol Act, pursuant to 22 U.S.C. 2799aa(b); to sources. H.R. 1163. A bill to authorize the ex- the Committee on International Relations. change of National Park Service land in the H.R. 1715. An act respecting, the relation- 1620. A letter from the Assistant Secretary Fire Island National Seashore in the State of ship between workers’ compensation benefits for Legislative Affairs, Department of State, New York for land in the Village of and the benefits available under the Migrant transmitting a copy of Presidential Deter- Patchogue, Suffolk County, NY; with an and Seasonal Agricultural Worker Protec- mination No. 96–3: Determination and Waiv- amendment (Rept. 104–313). Referred to the tion Act; and er of Argentina’s and Brazil’s Ineligibility Committee of the Whole House on the State H.R. 1905. An act making appropriations Under Section 129(2)(C) of the Atomic Energy of the Union. for energy and water development for the fis- Act of 1954, as Amended, to Receive Certain Mr. MCINNIS: Committee on Rules. House cal year ending September 30, 1996, and for U.S. Nuclear Exports; to the Committee on Resolution 256. Resolution waiving points of other purposes. International Relations. order against the conference report to ac- f 1621. A letter from the Director, Office of company the bill (S. 395) to authorize and di- Management and Budget, transmitting OMB rect the Secretary of Energy to sell the Alas- SENATE ENROLLED BILL SIGNED estimate of the amount of change in outlays ka Power Administration, and to authorize The SPEAKER announced his signa- or receipts, as the case may be, in each fiscal the export of Alaska North Slope crude oil ture to an enrolled bill of the Senate of year through fiscal year 2000 resulting from and for other purposes (Rept. 104–314). Re- the following title: passage of S. 1254, S. 227, and S. 268, pursuant ferred to the House Calendar. S. 457. An act to amend the Immigration to Public Law 101–508, section 13101(a) (104 Mr. BLILEY: Committee on Commerce. and Nationality Act to update references in Stat. 1388–582); to the Committee on Govern- H.R. 657. A bill to extend the deadline under the classification of children for purposes of ment Reform and Oversight. the Federal Power Act applicable to the con- United States immigration laws. 1622. A letter from the Chief Financial Offi- struction of three hydroelectric projects in cer, Export-Import Bank, transmitting the the State of Arkansas (Rept. 104–315). Re- f Bank’s 1994 annual report in compliance with ferred to the Committee of the Whole House ADJOURNMENT the Inspector General Act Amendments of on the State of the Union. 1988, pursuant to 5 U.S.C. app. (Insp. Gen. Mr. BLILEY: Committee on Commerce. Mr. GOSS. Mr. Speaker, I move that Act) Sec. 5(b); to the Committee on Govern- H.R. 680. A bill to extend the time for con- the House do now adjourn. ment Reform and Oversight. struction of certain FERC licensed hydro November 7, 1995 CONGRESSIONAL RECORD — HOUSE H 11829 projects (Rept. 104–316). Referred to the Com- PUBLIC BILLS AND RESOLUTIONS the President and Vice President of the Unit- mittee of the Whole House on the State of ed States; to the Committee on the Judici- the Union. Under clause 5 of rule X and clause 4 ary. Mr. BLILEY: Committee on Commerce. of rule XXII, public bills and resolu- By Mr. GILMAN: H.R. 1011. A bill to extend the deadline under tions were introduced and severally re- H. Con. Res. 112. Concurrent resolution the Federal Power Act applicable to the con- ferred as follows: honoring the life and legacy of Israeli Prime struction of a hydroelectric project in the By Mr. ARCHER: Minister Yitzhak Rabin; to the Committee State of Ohio (Rept. 104–317). Referred to the H.R. 2586. A bill to provide for a temporary on International Relations. Committee of the Whole House on the State increase in the public debt limit, and for By Mr. SOLOMON: of the Union. other purposes; to the Committee on Ways H. Res. 254. Resolution making technical Mr. BLILEY: Committee on Commerce. and Means. corrections in the Rules of the House of Rep- H.R. 1014. A bill to authorize extension of By Mr. JONES: resentatives; to the Committee on Rules. time limitation for a FERC-issued hydro- H.R. 2587. A bill to carry out the inter- By Ms. RIVERS: electric license; with an amendment (Rept. national obligations of the United States H. Res. 255. Resolution to amend the Rules 104–318). Referred to the Committee of the under the Geneva Conventions to provide of the House of Representatives to provide Whole House on the State of the Union. criminal penalties for certain war crimes; to that a Member, officer, or employee may not Mr. BLILEY: Committee on Commerce. the Committee on the Judiciary. accept a gift or expense reimbursement from H.R. 1051. A bill to provide for the extension By Mr. DEFAZIO: any entity which has an interest in actions of certain hydroelectric projects located in H.R. 2588. A bill to nullify the 25-percent taken by the Congress; to the Committee on the State of West Virginia (Rept. 104–319). pay increase afforded to Members of Con- Standards of Official Conduct. Referred to the Committee of the Whole gress by the Ethics Reform Act of 1989, and f House on the State of the Union. for other purposes; to the Committee on Mr. BLILEY: Committee on Commerce. Government Reform and Oversight, and in ADDITIONAL SPONSORS H.R. 1290. A bill to reinstate the permit for, addition to the Committees on House Over- Under clause 4 of rule XXII, sponsors and extend the deadline under the Federal sight, Rules, and Ways and Means, for a pe- Power Act applicable to the construction of, riod to be subsequently determined by the were added to public bills and resolu- a hydroelectric project in Oregon, and for Speaker, in each case for consideration of tions as follows: other purposes; with an amendment (Rept. such provisions as fall within the jurisdic- H.R. 79: Mr. SHAYS. 104–320). Referred to the Committee of the tion of the committee concerned. H.R. 109: Mr. METCALF, Mr. FRAZER, Mr. Whole House on the State of the Union. By Mr. GILMAN: CRAMER, Mr. ENGLISH of Pennsylvania, and Mr. BLILEY: Committee on Commerce. H.R. 2589. A bill to extend authorities Mr. MCDERMOTT. H.R. 1335. A bill to provide for the extension under the Middle East Peace Facilitation H.R. 119: Mr. REED. of a hydroelectric project located in the Act of 1994 until December 31, 1995, and for H.R. 123: Mr. UPTON. State of West Virginia (Rept. 104–321). Re- other purposes; to the Committee on Inter- H.R. 142: Mr. HEFLEY. ferred to the Committee of the Whole House national Relations. H.R. 359: Mr. TAUZIN. on the State of the Union. By Mr. ALLARD (for himself and Mr. H.R. 497: Mr. GREENWOOD, Mr. BACHUS, Mr. Mr. BLILEY: Committee on Commerce. ROBERTS): SISISKY, Mr. WARD, Mr. RIGGS, and Mr. H.R. 1366. A bill to authorize the extension of H.R. 2590. A bill to better target loans to CHRYSLER. time limitation for the FERC-issued hydro- family farmers and income-producing activi- H.R. 559: Ms. FURSE. electric license for the Mt. Hope waterpower ties, to provide for the improved manage- H.R. 573: Mrs. THURMAN and Mr. GEJDEN- project (Rept. 104–322). Referred to the Com- ment of the portfolio of loans made under SON. mittee of the Whole House on the State of the Consolidated Farm and Rural Develop- H.R. 580: Mr. MARTINI. the Union. ment Act, to assure the prompt repayment H.R. 783: Mr. BONIOR and Mr. BEREUTER. Mr. BLILEY: Committee on Commerce. of such loans, and to consolidate Federal H.R. 835; Mr. STUDDS. H.R. 2366. A bill to repeal an unnecessary rural development programs into a single H.R. 957: Mr. STUMP. medical device reporting requirement (Rept. program of capitalization grants to States H.R. 969: Mr. ABERCROMBIE. 104–323 Pt. 1). Ordered to be printed. for rural development, and for other pur- H.R. 1003: Mr. NUSSLE. Mr. ARCHER: Committee on Ways and poses; to the Committee on Agriculture. H.R. 1024: Mr. CHRYSLER and Mr. Means. H.R. 2366. A bill to repeal an unneces- By Mr. FALEOMAVAEGA: MANZULLO. sary medical device reporting requirement H.R. 2591. A bill to provide for administra- H.R. 1083: Mr. FORBES. (Rept. 104–323 Pt. 2). Referred to the Commit- tive procedures to extend Federal recogni- H.R. 1161: Ms. DUNN of Washington. tee of the Whole House on the State of the tion to certain Indian groups, and for other H.R. 1201: Mr. HALL of Ohio, Mr. BALDACCI, Union. purposes; to the Committee on Resources. Ms. JACKSON-LEE, and Mr. WAXMAN. Mr. ARCHER: Committee on Ways and By Mr. FRANK of Massachusetts: H.R. 1210: Mr. QUINN. Means. H.R. 2494. A bill to amend the Inter- H.R. 2592. A bill to reduce the fiscal year H.R. 1226: Mr. CHRISTENSEN, Mrs. MEYERS nal Revenue Code of 1986 to provide for the 1996 budget for intelligence activities by $1 of Kansas, and Mr. FUNDERBURK. treatment of bad debt reserves of savings as- billion; to the Committee on Intelligence H.R. 1499: Mr. SHAW and Mr. RIGGS. sociations which are required to convert into (Permanent Select). H.R. 1619: Mr. BISHOP and Mr. MARTINI. banks, and for other purposes; with an By Mr. LATHAM: H.R. 1627: Mr. ISTOOK and Mr. WATT of amendment (Rept. 104–324). Referred to the H.R. 2593. A bill to enable processors of North Carolina. Committee of the Whole House on the State popcorn to develop, finance, and carry out a H.R. 1733: Mr. EWING, Mr. SALMON, Mrs. of the Union. nationally coordinated program for popcorn MALONEY, and Mr. GENE GREEN of Texas. Mr. ARCHER: Committee on Ways and promotion, research, consumer information, H.R. 1747: Mrs. KELLY and Mr. KILDEE. Means. H.R. 2586. A bill to provide for a tem- and industry information, and for other pur- H.R. 1776: Mr. UPTON. porary increase in the public debt limit, and poses; to the Committee on Agriculture. H.R. 1856: Mr. LUTHER, Mr. HEFLEY, Mr. for other purposes; with an amendment By Mr. LIVINGSTON: ROEMER, MR. JONES, and Mr. TIAHRT. (Rept. 104–325). Referred to the Committee of H.J. Res. 115. Joint resolution making fur- H.R. 1863: Mr. MCHALE, Mr. FORD, and Mr. the Whole House on the State of the Union. ther continuing appropriations for the fiscal FRELINGHUYSEN. Mr. DREIER: Committee on Rules. House year 1996, and for other purposes; to the H.R. 1884: Mr. GONZALEZ. Resolution 257. Resolution providing for con- Committee on Appropriations, and in addi- H.R. 2090: Mr. PETERSON of Minnesota. sideration of the joint resolution (H.J. Res. tion to the Committees on House Oversight, H.R. 2098: Mr. CLINGER. 115) making further continuing appropria- Government Reform and Oversight, Ways H.R. 2190: Mr. GOODLING, Mr. PORTER, Mr. tions for the fiscal year 1996, and for other and Means, and Commerce, for a period to be CLINGER, Mr. EMERSON, and Mr. STUMP. purposes (Rept. 104–326). Referred to the subsequently determined by the Speaker, in H.R. 2244: Mr. ENSIGN and Mr. GRAHAM. House Calendar. each case for consideration of such provi- H.R. 2245: Mr. WATT of North Carolina. sions as fall within the jurisdiction of the H.R. 2270: Mr. WAMP, Mr. INGLIS of South f committee concerned. Carolina, and Mr. ROYCE. By Mr. OBEY: H.R. 2306: Mr. FILNER. BILLS PLACED ON THE H.J. Res. 116. Joint resolution making fur- H.R. 2323: Mr. BUYER. CORRECTIONS CALENDAR ther continuing appropriations for the fiscal H.R. 2333: Mr. CRANE, Mr. CHAPMAN, and Under clause 4 of rule XIII, the year 1996, and for other purposes; to the Mr. KILDEE. Speaker filed with the Clerk a notice Committee on Appropriations. H.R. 2335: Mr. KINGSTON, Mr. BROWDER, By Mr. WISE: Mrs. THURMAN, Mr. BEVILL, Mrs. MYRICK, Mr. requesting that the following bills be H.J. Res. 117. Joint resolution proposing an BAKER of Louisiana, Mr. COOLEY, Mr. placed upon the Corrections Calendar: amendment to the Constitution of the Unit- MCCRERY, Mrs. SMITH of Washington, Mr. H.R. 2366. A bill to repeal an unnecessary ed States to abolish the electoral college and BREWSTER, Mr. LUCAS, and Mr. DICKEY. medical device reporting requirement. to provide for the direct popular election of H.R. 2337: Mr. WICKER. H 11830 CONGRESSIONAL RECORD — HOUSE November 7, 1995

H.R. 2341: Mr. SENSENBRENNER and Mr. H.R. 2525: Mr. SERRANO, Mr. WELLER, Mr. H.J. Res. 114: Mr. FROST, Miss COLLINS of THORNBERRY. FLANAGAN, Mr. EHLERS, Mr. BREWSTER, Mr. Michigan, and Mr. ENGEL. H.R. 2342: Mr. WATTS of Oklahoma, Mr. STUMP, and Mr. MCDERMOTT. H. Con. Res. 79: Mr. BORSKI. HUTCHINSON, and Mrs. LINCOLN. H.R. 2528: Mr. COOLEY, Mr. HERGER, and H. Con. Res. 91: Mr. KIM. H.R. 2400: Mr. FOLEY and Mr. MCDERMOTT. Mr. CALVERT. H. Con. Res. 102: Mr. JOHNSTON of Florida, H.R. 2550: Mr. CHRYSLER, Mr. HAYWORTH, H.R. 2429: Mr. HOUGHTON and Mr. CASTLE. Mr. ACKERMAN, Mr. STARK, Mr. LEACH, Ms. Mr. EMERSON, Mrs. SMITH of Washington, and H.R. 2435: Mr. TAYLOR of North Carolina, FURSE, Mr. OWENS, Mr. BORSKI, Mr. BONIOR, Mrs. WALDHOLTZ. Mr. CLINGER, and Mr. JEFFERSON. Mr. JEFFERSON, Mr. PETRI, Mr. HINCHEY, Mr. H.R. 2555: Mr. HANSEN. H.R. 2447: Mr. HOKE. GILMAN, and Mr. MANZULLO. H.R. 2572: Mr. LAFALCE. H.R. 2463: Ms. JACKSON-LEE. H.R. 2579: Mr. HOUGHTON, Ms. DELAURO, H. Con. Res. 105: Mr. LEVIN, Mr. UPTON, Mr. H.R. 2468: Mrs. ROUKEMA, Mr. FOX, Mr. Mr. UNDERWOOD, Mrs. WALDHOLTZ, and Mr. STUPAK, Mr. COBLE, Mr. FROST, and Mr. RICHARDSON, Mr. TORKILDSEN, and Mr. BATEMAN. BONIOR. TIAHRT. H.J. Res. 70: Mr. RICHARDSON, Mr. FOX, H. Res. 30: Mrs. WALDHOLTZ, Ms. DELAURO, H.R. 2509: Mr. JOHNSON of South Dakota. Mrs. COLLINS of Illinois, Mr. MATSUI, and Mr. and Mr. DEFAZIO. H.R. 2519: Mr. BREWSTER, Mr. MCDERMOTT, WATT of North Carolina. H. Res. 220: Mr. OLVER, Mr. ROMERO- and Mr. RAMSTAD. H.J. Res. 97: Mr. SANDERS. BARCELO, Ms. NORTON, and Ms. MCKINNEY. 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, TUESDAY, NOVEMBER 7, 1995 No. 175 Senate The Senate met at 10 a.m., and was RECOGNITION OF THE ACTING with my colleagues my observations on called to order by the President pro MAJORITY LEADER the opening of the Arctic oil reserve, or tempore [Mr. THURMOND]. The PRESIDING OFFICER (Mr. ANWR. Briefly, for those Members who are not familiar with this, let me just The PRESIDENT pro tempore. To- COVERDELL). The Senator from Alaska is recognized. do a quick review. In the Congress and day’s prayer will be offered by Father in the reconciliation package in both f Paul E. Lavin of St. Joseph’s Catholic the House and the Senate is the au- Church, Washington, DC. ORDER TO PROCEED TO H.R. 1833 thority to initiate a lease-sale in AT 2:15 P.M. TODAY ANWR. There are many misconcep- PRAYER Mr. MURKOWSKI. Mr. President, on tions relative to the proposal because a behalf of the leader, I ask unanimous number of people believe that the en- Father Paul E. Lavin, St. Joseph’s consent that notwithstanding the pre- tire area is at risk. Catholic Church, Washington, DC, of- vious order, the Senate begin consider- This area in green, including the yel- fered the following prayer: ation of H.R. 1833 at 2:15 today and that low area, consists of about 19 million Let us pray: morning business be extended until acres. That is an area the size of the In Psalm 25, David sings: 12:30. State of South Carolina. In 1980, Con- The PRESIDING OFFICER. Without I wait for you, O Lord; gress withdrew and set in permanent I lift up my soul to my God. objection, it is so ordered. status the green area, consisting of 8 In you I trust: do not let me be dis- f million acres of wilderness, which is graced; shown in green and black here, and an- SCHEDULE do not let my enemies gloat over me. other 91⁄2 million acres of refuge, leav- No one is disgraced who waits for you Mr. MURKOWSKI. Mr. President, ing the coastal plain for disposition by but only those who lightly break faith. today there will be a period for the the Congress. Make known to me your ways, O Lord; transaction of morning business until This area in red is the area retained teach me your paths. 12:30 p.m. The Senate will stand in re- by the Eskimo people of the village of Guide me in your truth and teach me, cess between the hours of 12:30 and 2:15 for you are my God and Savior. Kaktovic. You will notice that they today in order to accommodate the re- For you I wait all the long day, have no access out of that area other spective party luncheons. because of your goodness, Lord. than into the coastal plain which is At 2:15, the Senate will begin consid- Remember your compassion and love, Federal land. The lease-sale we are eration of H.R. 1833, a bill to ban par- O Lord talking about is a proposal to lease for they are ages old. tial birth abortions. Rollcall votes can, Remember no more the sins of my therefore, be expected to occur on 300,000 acres out of this million and a youth, amendments to H.R. 1833 or on any half acres because the other 17 million remember me only in the light of your other items cleared for action. acres has already been withdrawn. So love. Mr. President, I believe I have 20 we are talking about a very small area. minutes reserved for morning business? To suggest that the entire area is at We praise You O God and we bless The PRESIDING OFFICER. That is risk clearly is a misinterpretation of You; You have called us to life and correct. the facts. We log our telephone calls in given us so many gifts. We have sought Mr. MURKOWSKI. With the permis- our office, as do most Members of the and accepted offices of public trust, sion of the Chair, I would like to pro- Senate, because it is important that we and now put our trust in Your compas- ceed. have public reaction. It is kind of in- sion and love. The PRESIDING OFFICER. The Sen- teresting to note that, as calls come in Direct now all our actions by Your ator from Alaska is recognized for 20 relative to my speaking on this issue, holy inspiration and carry them on by minutes. there is a perception that we in Alaska Your gracious assistance so that every f are initiating an activity that some- how is irregular or a departure from prayer and work of ours may reflect OPENING THE ARCTIC OIL what is happening in other States. I Your will. RESERVE can only respond to that by suggesting May our lives and voices give glory Mr. MURKOWSKI. Mr. President, for that our State has only been a State to Your name. Amen. a number of days I have been sharing for 36 years.

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

S16713

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VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16714 CONGRESSIONAL RECORD — SENATE November 7, 1995 As a consequence, we are today es- implications and an argument relative I think it is unfortunate that the Sec- tablishing our land patterns in this to the pros and cons of responsible de- retary of the Interior, as he represents huge area of Alaska, which is one-fifth velopment. and has an obligation to represent all the size of the United States. It has With that background, let me just the Native people of our State, has cho- 33,000 miles of coastline. Other States proceed briefly, because I think that sen to represent a very small segment, were established—such as the State of there is need for some reflection on the Gwich’ins, representing about 1 Virginia, nearly 200 years ago, and what Congress intended in 1980. The percent of the Native people in Alaska. Washington, Oregon, California, 100 name of Senator Scoop Jackson of The Gwich’ins are fearful that the Por- years ago. So as a ‘‘new kid on the Washington is familiar to all Members cupine caribou will somehow be at block,’’ so to speak, as we attempt to of the Congress. He was a beloved and stake. The justification for that is not develop resources, whether it be tim- long-time Member of this body. It was supported by any evidence as I will ber, fish, oil and gas, or mining, we are at his insistence that this area, the 1002 show in the next chart. trying to take advantage of the science area, be left out of the wilderness area This happens to be a picture taken of and technology that is available today and the refuge withdrawals to be setup Prudhoe Bay which shows the oil pipe- and learn from the mistakes of others specifically for Congress to address the line, shows a well being drilled, and it and balance and develop an economy. prospects of oil and gas. That was done shows a number of caribou, pointing I do not think many people have a in 1980, Mr. President. out the reality that the caribou are total understanding or an appreciation As a consequence of that, now is the very adaptable. of that. They think that the limited time for the decision to be made, and To suggest that the porcupine car- development in Alaska is somehow not since it is in the reconciliation pack- ibou cannot be managed by a joint in keeping with the times. The reality age, we look forward to discussing the management team of the Gwich’ins, is that we have to have natural re- merits. the U.S. Fish and Wildlife Service and sources, develop those natural re- One of the most significant consider- the State department of fish and game sources. We have a job base, and those ations is the reality that this Nation is is not based on any factual evidence by jobs are high-paying jobs in construc- now 51 percent dependent on imported any means. tion, timber, mining, oil and gas. If we oil. That oil comes in from the Mid- That herd is about 165,000. Most of do not develop those resources, we sim- east, and of course we send the dollars the animals, about 4,000, are taken by ply get the materials from other coun- and the jobs to the Mideast. the Canadian Gwich’ins on the Cana- tries, export our jobs overseas and ex- In the last few days we have seen a dian side and 400 by the Alaskan port our dollars. crisis in the Mideast, a very unfortu- Gwich’ins. The significance of developing this nate situation, but, nevertheless, it The point is, as we look at the devel- area is that geologists tell us this is proves the frailty of that part of the opment of this area, there are huge where a major discovery might be world, and our increased dependence on areas of wilderness and refuge that will made. Because Prudhoe Bay is in de- oil eventually will result in some kind be protected forever, and that the Alas- cline—this area has been producing 25 of a crisis occurring as we look at Iran, ka delegation stands behind them. percent of the total crude oil produced Iraq, Libya and their moves toward na- Again, the footprint is .1 of 1 percent of in the United States in the last 18 tionalism. the area, about 2,000 to 3,000 acres at years. As this area declines, the ques- It is kind of interesting to reflect on the maximum. tion is: Can we, or should we, replace it the attitude of some of the opinion- Let me just talk a little bit more by bringing on line this area, the small makers that have had a responsibility about the caribou because it has a footprint here in the coastal plain with regard to our increasing depend- warm and cuddly aspect to it, as it known as ANWR? ence on imported oil. should. The caribou range over vast Clearly, we can do it safely. We have Former President Carter’s Energy areas and their range is dependent on been able to develop Prudhoe Bay. We Secretary Schlesinger has testified in basically three factors. One is preda- have developed an 800-mile pipeline. We support of developing this area, stating tors. If there are a number of preda- had a bad accident with the Exxon that we can develop it safely, that we tors, or the predators are at an all-time Valdez vessel, but that is something should reduce our dependence on im- high, like the wolf, obviously it will that had nothing to do with a pipeline. ported oil. have an effect on the young caribou. It was one of those human failures. The Some of the Orthodox Jewish organi- The winter kill is a consequence of a ship went aground in a 101⁄2-mile chan- zations in the United States are the tough winter, resulting in a decline of nel. biggest supporters. They see increased the herd. There is overgrazing, which The point I want to make here this dependence on the Arab States as a will also cause a decline in the herd. morning, Mr. President, is that we de- threat to Israel’s security interests. As a consequence, it is fair to say of veloped a small field adjacent to Union support—the significance of the approximately 34 herds in Alaska, Prudhoe Bay 10 years ago. That was what this activity would generate for two-thirds of them are on an increase, the 10th largest producing field. His- America unions; it would be the largest about 10 percent are on a decline, and tory tells us that if the oil is here, they concentration of construction in North the rest of them are stagnant but cycli- can develop it in about 2,000 acres. To America. The Teamsters, the laborers, cal, as many of the ranging land ani- get back to some of the comments the IBEW, the maritime unions all sup- mals in the wild. which I think have prompted me to try port this. This is a significant job Now, we also have a presumption by and give a little more explanation as to issue. the Secretary of the Interior that he is why Alaska should be attempting to It is estimated that the lease sale protecting our future by blocking ac- develop its energy resources, there are would bring about $2.6 billion in rev- cess to opening up this area. I suggest suggestions that somehow we are be- enue. That revenue, half of which the Secretary of Interior is actually holden to an oil lobby as a delegation, would go to the Federal Government, gambling with our future. that we should be giving more concern the other half to the State of Alaska, We sent troops to the Persian Gulf. to the environment, that they think we would be raised in the private sector of We recall the gas lines in the 1970’s. We have financial ties to the oil compa- the United States without one cent of are exporting our dollars and jobs. We nies. Government funding. are making less environmentally con- One woman indicated she felt so Now, there is a suggestion that some scious nations produce oil. strongly about it that she had worked Alaskans do not support ANWR, some Another fiction is this is a battle be- to get a moratorium on elephants in of the Native people in Alaska do not tween rich and greedy oil companies Africa and she was going to go to work support opening. and poor and saintly environmental to make sure we got a moratorium not Mr. President, I want to take that groups. I want to talk about some of to develop oil in Alaska. fiction and state it factually. The Alas- the environmental groups tomorrow, I would like to think that these peo- ka Federation of Natives, which is the Mr. President. Environmentalism in ple who are obviously very interested native organization in our State, voted the United States is big business. would have a full understanding of the two to one in favor of opening the area. There is nothing wrong with it. We

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 7, 1995 CONGRESSIONAL RECORD — SENATE S16715 should recognize it simply for what it infrastructure is such it is not a very I thank the Chair and wish the Chair is. attractive market. a good day. Now, the oil industry is big business Finally, let me just comment on one The PRESIDING OFFICER. The Sen- in the United States. It provides jobs. point relative to the people of the area, ator from Missouri. It provides our Nation with energy se- because the people of the area are so f curity, as well. often left out of any equation that af- We should not kid ourselves. The bat- fects the environment or the ecology. YITZHAK RABIN tle here is in many aspects between the The people of Kaktovik, the people of Mr. ASHCROFT. Mr. President, I rise very rich national environmental lob- Point Barrow, the Eskimo people, to extend my deepest personal sym- byists and some of our poor Alaska Na- these are people working their way out pathies and condolences to Mrs. Rabin, tive people who want alternative life- of Federal dependency. Because of our Mr. Rabin’s children and grand- styles. They want to have running success, we are now opposed, seemingly children, to the people of Israel, and to water. They want to have sewage dis- at every turn, by, among others, a Sec- the Jewish community of Missouri and posal rather than honey buckets. They retary for Indian Affairs, Ada Deer. the United States. want to have jobs. They want to relieve She now has gone on record as oppos- Yitzhak Rabin was a warrior. As a themselves of the dependence on wel- ing successful Native corporations and young man, he left behind boyhood fare. They are being deprived of these organizations that are developing the dreams and assumed the mantle of a opportunities by the suggestion that resources in our State. She wants us to soldier for a country that was still a we cannot open up this area safely. go back, and our people to go back, and dream to him and many others. He Sometimes we see a double standard, be dependent on the Bureau of Indian helped liberate 200 of his brothers in a a standard that suggests that this Affairs. But, as we have seen, depend- heroic and legendary raid. He fought in idealistic election of not allowing re- ency brings despondence, it brings a de- the siege of Jerusalem and kept open sponsible development—there is no pendence, it kills self-initiative, it the vital lines of supply. In 1967, it was consideration of the human element, breeds a welfare society. Alaska’s Na- General Rabin who was the architect of there is no consideration of the people tive and Eskimo people want to follow the determined fury of an Israeli Army that live in the area of what they feel the American way, the way of inde- that was victorious over three substan- they should have is a right to a job, a pendence, the way of self-help, indi- tial enemies in what would become right to a good education, a right to vidual responsibility, family values, a known as the Six Day War. have a future for their children, other sense of community. Yet we are seeing Nevertheless, his prowess as a war- than welfare. spokespersons, including the Secretary rior was exceeded only by his courage As a consequence, Mr. President, of the Interior and Ada Deer, Assistant as a peacemaker. He was an Ambas- there is one overwhelming fact in this Secretary for Indian Affairs, actively sador to the United States. He made debate. All Americans stand to benefit opposing this development in the area the first visit ever by an Israeli Prime from ANWR exploration. Those bene- where these people live. Minister to West Germany. He tried to fits are: Jobs, as I have already out- This is a tragic day, in a sense, for open peace negotiations with King Hus- lined; security, by eliminating the ne- the nearly 8,000 Eskimo people, because sein of Jordan in the late 1970’s. And, in cessity of our increased dependence on this is the first time any Secretary of a move that would ultimately cost him imported oil, which is already 51 per- the Interior has rejected his trust re- his life, he made peace with some of cent. We can do it without any signifi- sponsibility to pursue the naked polit- Israel’s most substantial enemies. cant harm to the environment, using ical objectives of those opposed to the He need not have been a peacemaker. our technology, our engineering skills, interests of Native Americans. It seems He could have gone quietly into the an- our can-do capability. And one other like the Secretary is almost penalizing nals of history as a warrior, a Prime item that this body spends a lot of hard work and success. On one hand Minister, a father, and a grandfather. time and effort on, and that is the con- they champion dependency, welfare But Yitzhak Rabin was, from his ear- cern over the deficit, balance of pay- and allegiance to an incompetent Bu- liest days, a Zionist. His goal, both in ments. In other words, the fact we are reau of Indian Affairs. Then, on the war and in peace, was the preservation buying more overseas than people are other, they put commercial fundraising of a land that God had promised. In the buying from us. interests of environmental organiza- end, he saw in peace and through diplo- What is that deficit made up of? tion over those of the Eskimo people macy what military victory might Nearly $56 billion, half of it, is the who need help, who need this oppor- never bring—security for his home, for price of imported oil. The other half is tunity. his land, for his nation. our trade imbalance with Japan. So, So, we see an administration, now, Unfortunately, it was not a journey here we have, in this particular issue, that opposes opening the coastal plain. which he was able to see through to responsibly opening up this area in our Yet they are actively selling OCS oil completion. In his life, Yitzhak Rabin State with a very small footprint, uti- and gas leases in the Arctic Ocean ad- defined courage—the courage to fight lizing our technological capability, an jacent to the coastal plain. They say in war and the courage to fight for opportunity to address some concerns that is OK, that is all right. Secretary peace. His legacy will be judged finally that we all have—jobs, national secu- Babbitt and the others have their pri- not only by what he started, but also rity, the ability to develop this in har- orities backwards. Oil development on by what Israel and her neighbors will mony with the environment, and an op- the land is safe. Oil development in the eventually accomplish and achieve. portunity to balance the budget. isolated wind-driven reaches of the That is a task which they must pur- I was also considering the merits of ocean is risky; it can be hazardous. sue and that they must complete. It is two articles that appeared in the Wall Mr. President, I see my time is up. I a task for which we will all be held ac- Street Journal and New York Times on thank the Chair. I appreciate the indul- countable. So, when the mourning is October 27. They both concern them- gence of my colleagues. Tomorrow, or completed—and mourn we must and selves with the increase in the price of the first opportunity I can get time in should—may we resolve to do what he oil, to show you how fragile the world morning business, I intend to comment started and may the resolve linger in of oil is relative to any crisis that ex- at some length on the issue of all of us to complete that which he ists throughout the world. We have environmentalism as big business in began. seen crises in the Mideast in the last the United States, what it consists of, As a boy, Yitzhak Rabin wanted to few days, but we are also seeing one in who it involves, what salaries are being learn how to make the fertile soil of Russia. ‘‘Concerns About Yeltsin’s paid, and a list of the assets of the var- his land produce crops more abun- Health Help To Push Oil Prices High- ious organizations so the public can dantly. As a man and as a leader, er.’’ ‘‘Prices of Oil Futures Jump on understand the other side of the issue. Prime Minister Rabin plowed and Report of Yeltsin Having Health Prob- On one side we have big business and harrowed the rocky ground of peace. It lems.’’ Clearly, the former Soviet oil. On the other side we have big busi- was both his hope and his vision that Union has a tremendous capability to ness and the environmental commu- out of that ground would grow a tree produce oil. On the other hand, their nity. bearing the unknown fruit of peace in a

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16716 CONGRESSIONAL RECORD — SENATE November 7, 1995 land and for a people that had seen so ago,’’ said candidate Clinton. ‘‘Our Congress has come at the expense of little of it. country used to take the position that the American taxpayers. In his finest hour, 2 years ago, at the the way to build strong families was to The budget plan we will soon be send- White House, Prime Minister Rabin ac- enable the working people to have ing to the President is based on our knowledged this aspiration, as he said: enough money to raise their families.’’ deeply held belief that the weekly pay- Let me say to you, the Palestinians, we are ‘‘We’re still getting a dispropor- check is not the Government’s destined to live together on the same soil in tionate amount of taxes from the mid- money—that families can spend their the same land.... We have no desire for re- dle class,’’ he emphasized. own money better than a Government venge. We harbor no hatred towards you. We, During the Presidential campaign, that demands those dollars to spend on like you, are people—people who want to candidate Clinton promised to reduce their behalf. build a home. To plant a tree. To love—live the taxes paid by families and shield We are certain that 250 million Amer- side by side with you. In dignity. In empa- icans, empowered to make their own thy. As human beings. As free men. them from future tax increases. ‘‘Virtually every industrialized na- spending decisions, will make better It is all of our prayers that his dream tion recognizes the importance of choices than Congress and the Presi- will live on. strong families in its tax code; we dent could ever make for them. Mr. President, I thank you. should too,’’ he wrote in ‘‘Putting Peo- With our budget, Congress is dedi- Mr. GRAMS addressed the Chair. ple First,’’ his campaign’s economic cating $245 billion to tax relief, the The PRESIDING OFFICER. The outline for the country. vast majority of which will go to work- Chair recognizes the Senator from Min- ‘‘We will lower the tax burden on ing-class American families through nesota. middle-class Americans.’’ the $500-per-child tax credit. f Mr. Clinton’s plan began to take The child tax credit means Min- shape with a focus on tax relief for nesota families would get to keep $477 PRESIDENT CLINTON AND THE families with children. ‘‘The main por- million of their own dollars every year, FORGOTTEN MIDDLE CLASS tion of the middle-class tax cut for me to spend wherever they needed help the Mr. GRAMS. Mr. President, if you in its present form is the children’s tax most. had been in New Hampshire on Thurs- credit,’’ he said back in 1992. The $500-per-child tax credit would day, January 9, 1992, and had been near He promised that he would cut taxes return $150 million annually to families a television, you might have seen the for average, middle-class families by 10 in President Clinton’s own State of Ar- premiere of a new political advertise- percent, giving them a choice between kansas. And it would completely erase ment—the first, early ad of the presi- a phased-in, $800 per-child tax credit or the tax liability for 38,411 Arkansas dential campaign for a candidate who a ‘‘significant reduction in their in- residents. was not yet a familiar face. come tax rate.’’ Well, it has been nearly 4 years since The setting is an office. Piano music Those election-year promises helped that first campaign commercial in New plays gently in the background, and turn candidate Bill Clinton into Presi- Hampshire promised tax relief for the the candidate speaks to the camera dent Bill Clinton when frustrated beleaguered middle class. An election with an American flag as his backdrop. Americans went to the polls that No- is on the horizon, and once again, like ‘‘In the 80’s,’’ he begins, ‘‘the rich got vember. the swallows returning to Capistrano, richer, the middle class declined, pov- But like so many promises made in candidate Clinton is talking about cut- erty exploded, politicians in Wash- the political heat of an election year, ting taxes. ington raised their pay and pointed fin- Mr. Clinton’s tax-cut intentions of 1992 He laid out the framework in his gers, but no one took responsibility.’’ melted like summer snow in 1993. most recent State of the Union ad- The candidate promises a tax cut for By then, Republicans in Congress dress. He said: ‘‘I have proposed the the middle class, even offers viewers a were rallying around the $500 per-child middle-class bill of rights * * * It will copy of his ‘‘Plan for America’s Fu- tax credit I had authored as a Member give needed tax relief and raise in- ture’’ if they call the number on their of the House, making it the centerpiece comes in both the short run and the television screen. of our budget alternatives in both the long run, in a way that benefits all of ‘‘I hope you’ll join us in this crusade House and Senate. us.’’ for change,’’ he says earnestly. But the Democrats, led by the Presi- We say ‘‘welcome back aboard’’ to Together we can put government back on dent, pushed through a package of tax the President. We need President Clin- the side of the forgotten middle class and re- hikes on the middle class—a historic ton with us as the budget process con- store the American dream. tax increase that affected every seg- tinues. He has a critical role as we I’m Bill Clinton, and I believe you deserve ment of American society. move forward. more than 30-second ads or vague promises. Promises made, promises broken. We cannot enact our groundbreaking Mr. President, Bill Clinton evoked Mr. President, in 1995, this Congress legislation without his signature. We the image of the forgotten middle class has not forgotten our promise to the cannot carry out the people’s agenda throughout his campaign for the White middle class. without the people’s President behind House, tantalizing the voters—while We have passed a budget that recog- us. separating himself from the rest of his nizes, just as President Clinton did in And President Clinton needs us, too. Democratic opponents—by promising 1992, that working-class Americans So we have prepared a budget that he would cut taxes for working-class have paid more than their fair share of meets the objectives outlined at both Americans. taxes over the last 40 years. ends of Pennsylvania Avenue. Yes, ‘‘I am not in this thing to pander,’’ Families in 1950 sent just $1 of every Congress and the President may dis- he told Business Week in a June 1992 $50 they earned to Washington, but agree about some of the specifics, but interview. families today are turning over $1 out not our goals. The way I came to the across-the-board, of every $4. The budget must balance. It must middle-class tax cut didn’t have a relation- That is money they could have spent protect and preserve Medicare. It must ship to the polls.... I came back to the for a child’s education, health insur- restore hope to those who have been middle-class tax cut as a down payment on ance, groceries for an elderly parent, or trapped in the welfare system. And it fairness. something as simple as birthday pre- must cut taxes for the middle-class, As that ‘‘down payment on fairness’’ sents and Christmas gifts. with the same child tax credit Presi- took shape, Bill Clinton reached out to But instead, they are handing it over dent Clinton promised in 1992, and the overtaxed middle class by focusing to the Washington bureaucrats, who again this year. his tax cut plan on families, advocating spend it for them—often recklessly—in President Clinton considered family ideas that seemed more in line with the ways that often have no benefit at all tax relief such a fundamental concept Republican vision than the Democrat to the folks who foot the Government’s that he outlined it as a priority in that policies of the past. ‘‘It is very much bills. very first television ad of his Presi- harder to raise a child for a middle- For more than 40 years, the only eco- dential campaign. ‘‘Together we can class family today than it was 40 years nomic and fiscal discipline exercised by put government back on the side of the

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 7, 1995 CONGRESSIONAL RECORD — SENATE S16717 forgotten middle class and restore the that I offer my profound tribute to the day’s less than 70,000. Today, 6 million American dream,’’ he told New Hamp- memory of Prime Minister Yitzhak disabled Americans are covered under shire television viewers. Rabin of Israel. Mr. Rabin was a war- Medicaid. The time for vague promises is long rior, brave in battle. He was a vision- Thanks to Medicaid, children with past. If he still believes in the words he ary, with the courage to seek peace. catastrophic health problems or other delivered with such conviction in 1992— This Nation and this institution will special needs get treatment and care. and in the child tax credit that will miss him and his leadership. We will In Florida alone, $284 million is spent a turn those words into action—then the mourn with Israel in its time of loss. year through Children’s Medical Serv- President must sign the budget bill we Citizens of my State of Florida are ice, a Medicaid public-private partner- send him in 1995. honored that Yitzhak Rabin visited our ship of national renown which last year Thank you, Mr. President. State on many occasions. We were served 128,000 Florida children. This I yield the floor. proud to host a man of such dignity, Federal-State partnership, serving 37 Mr. FORD addressed the Chair. purpose, and resolve. And we join the million Americans, has been an Amer- The PRESIDING OFFICER. The world in prayer for healing as this ican success story. Chair recognizes the Senator from Ken- great man was buried yesterday near I have strained my ears to hear the tucky. the place of his birth 73 years ago. We justification, the policy basis, the ra- Mr. FORD. Mr. President, I want to extend our deepest sympathy to his tionale for the $176 billion that is being take just 1 minute. family, but we rejoice in the life of this cut from the projected needs of the f special man, who has earned the bib- Medicaid Program which, until $11 bil- WE SHOULD TALK ABOUT THE lical truth, ‘‘Blessed are the peace- lion was added back at the last minute, ISSUES makers.’’ had been a $187 billion cut. f Today I wish to examine why Federal Mr. FORD. Mr. President, I have spending on Medicaid has increased. In never understood why the Senate AN AMERICAN SUCCESS STORY addition, I wish to look at the basis for should become a political arena. I have Mr. GRAHAM. Mr. President, on Fri- the projected needs of those served never heard so many speeches and so day of last week, November 3, I began under Medicaid as America enters the many names called and so many TV a series of remarks about America’s 21st century. Why has Medicaid grown? spots referred to. I can refer to the TV Medicaid Program. I plan to continue Why is Medicaid expected to continue spots ‘‘read my lips,’’ or I can refer to that series throughout this week. to grow? Such an examination will de- the vote on President Reagan’s budget In my opening remarks on Friday, I bunk yet another myth. That myth is of 425 to 0 in the House. debunked the myth that Medicaid has that you can cut $176 billion from Med- I think we ought to get down to the been a failure. In fact, Medicaid, the icaid without risking the deaths of in- issues. I voted for the tax bill in 1993, Federal-State partnership for health fants or the neglect of the elderly or and 12,500 taxpayers in my State paid care for poor children and their moth- the unnecessary institutionalization of additional taxes and 315,000 paid less. ers, for the disabled and for the elderly, the disabled. Everybody else paid the same. We have has been an American success story. Wednesday and Thursday I wish to less unemployment today in Kentucky The Senate should be building upon discuss how the Senate proposes to re- than we had 3 years ago. that success story, not retreating from ward bad, manipulative behavior in the Let us talk about the issues, and let it. Medicaid Program and how the inap- us not make this Chamber so political. Thanks to Medicaid, the Nation’s in- propriate plan to raid Social Security I yield the floor. fant mortality rate dropped 21 percent will be used as a means of paying for Mr. WELLSTONE addressed the during the period 1984 to 1992. In 1985, the reward in the plan that we sent to Chair. the infant mortality rate in the United The PRESIDING OFFICER. The Congress. And, finally, I wish to sug- States was 10.6 per thousand live Chair recognizes the Senator from gest a better alternative, an alter- births. In 1992, that had dropped to 8.5. Florida. native of genuine reform. Mr. GRAHAM. Mr. President, if I The number of babies who were alive in The key argument against Medicaid could yield to the Senator from Min- 1992 who would not have been alive had is that they say Medicaid needs to rein nesota who has a unanimous-consent we continued at the 1985 rate of infant in spending because it is growing out of request. mortality—8,000. That is an American control. That is the principal argument The PRESIDING OFFICER. The success story. of the critics. Let us look at the over- Chair recognizes the Senator from Min- Thanks to Medicaid, 18 million chil- all figures. nesota. dren have access to hospital, physician In 1988, Medicaid cost $51.3 billion in Mr. WELLSTONE. Mr. President, I care, and to prescriptions as well as Federal and State funds. We know the ask unanimous consent that following immunization and other preventive Medicaid Program is a partnership be- the Senator from Florida I have 10 programs. tween the Federal Government and the minutes and the Senator from North Thanks to Medicaid, senior citizens States, each contributing to the total Dakota have 10 minutes in succession. can live in dignity in a nursing home cost. In 1993, Medicaid costs had grown The PRESIDING OFFICER. Is their when their own private resources are to $125.2 billion. That sounds alarming, objection? Without objection, it is so no longer there and there is no family and virtually everyone agrees we must ordered. member to care for them. restrain the rate of growth of Medicaid. Mr. WELLSTONE. I thank the Chair. Thanks to Medicaid, nearly 5 million But no one has done a very credible job Mr. GRAHAM. Mr. President, I ask low-income Americans receive help of explaining the policy basis for cut- unanimous consent that my time, through the qualified Medicare Bene- ting $176 billion. which is currently 20 minutes, be ex- ficiary Program which pays things like Today I wish to examine why Med- tended to 30 minutes as I wish to make their part B, physician’s Medicare icaid has grown. There are two main a preliminary statement relative to monthly premiums, copayments, and factors that drive the cost of the Prime Minister Rabin. deductibles as well as paying for pre- health care system. First, how many The PRESIDING OFFICER. Is there scription medication for the Medicare people are served, and, second, the cost objection? Without objection, it is so population, which is also medically in- of serving each one of those people. In ordered. digent. For these qualified Medicare the case of Medicaid, we should put the Mr. GRAHAM. Thank you, Mr. Presi- beneficiaries, Medicaid means the dif- second factor, that is, the cost of pro- dent. ference between a visit to the doctor’s viding services to individual Americans f office instead of the use of the emer- who are covered under Medicaid, in gency room. perspective. THE PEACEMAKER, YITZHAK Thanks to Medicaid, this Nation has In the private sector, the growth rate RABIN decreased its population of severely and the cost per person served is esti- Mr. GRAHAM. Mr. President, it is handicapped residents living in large mated to be 7.1 percent per year. That with deep sadness and great respect State institutions from 194,000 to to- is projected from the years 1996

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16718 CONGRESSIONAL RECORD — SENATE November 7, 1995 through the year 2002. The source of In addition to the aging of our popu- dren had health insurance coverage this projection is the Congressional lation, there is a second main reason through private coverage primarily Budget Office. This is higher than the for the growth in Medicaid spending, through their parents’ place of employ- projected growth rate for Medicaid, and that is we have asked the Medicaid ment. By 1987, that percentage had says the same Congressional Budget system to do more. As an example, we dropped to 63 percent; by 1993, to 57 per- Office, which calculates that the Med- have tackled the infant mortality rate, cent; and the projection for the year icaid annual growth rate is 7 percent. which was unacceptably high. In my 2002, which happens to be the seventh What is, therefore, causing this State of Florida in 1991, at the urging year of the budget plan upon which we alarming growth in Medicaid? The rate of Gov. Lawton Chiles, the Florida Leg- are currently deliberating, is that it of growth per person is commensurate islature enacted Healthy Start to im- will be 47.6 percent. Less than half of with, even less than, the average of all prove access to prenatal and infant the American children will be covered Americans’ health care cost increases, care. As I mentioned in my floor state- by insurance at the point of their par- that in spite of the fact that Medicaid ment on Friday, Healthy Start is an ents’ employment. is serving one of the most vulnerable example of a Medicaid success story. In The cumulative result of these fac- populations—the frail elderly, the dis- 5 years, Florida went from being above tors—the aging of the population, the abled, poor children, and their moth- the national average in infant mor- increased expectations of Medicaid and ers. tality, with an infant mortality rate of the decline of the percentage of chil- There are several key factors that ex- 9.6 per thousand live births, to below dren covered by private insurance plain why Medicaid has grown so rap- the national average, at a rate of 8.1 plans and, therefore, who are now eligi- idly. First, a fundamental reason why per thousand live births, and the most ble for and are being covered by Med- Medicaid has grown is because Ameri- recent Florida statistic shows that rate icaid—has contributed to the expansion cans are living longer. This is a posi- continues to fall and is now 7.6 infant of the Medicaid program. tive trend for America. Greater lon- deaths per thousand live births. Na- In my State of Florida, as an exam- gevity means that more people are not tionally, the infant mortality rate has ple, in 1970, shortly after Medicaid was only living longer and more qualitative declined from 10.6 per thousand live available, 4.3 percent of Florida’s popu- lives, but it also means that more peo- births in 1985 to 8.5 in 1992. lation received Medicaid, those recipi- ple are relying on Medicaid for longer By providing prenatal and postnatal ents who are eligible for Medicaid periods. care, we are saving lives, and we are based on those who were eligible for aid In 1970, life expectancy at birth in confident that costly medical services to families with dependent children or the United States was just over 70 will be prevented in later years. supplemental security income. You had years. By the year 2010, the projected Mr. President, I would like to take to be at one of those two classes in life expectancy in the United States just a moment to recall one of the gi- order to be eligible for Medicaid. The will be almost 80 years. In a period of ants of this institution who rep- percentage of Floridians receiving 40 years, the average life expectancy of resented senior citizens across Amer- Medicaid was fairly constant, in the an American will grow from 70 to 80. ica, the late Hon. Claude Pepper, a range of 4 to 6 percent, from its incep- The segment of our population 65 years Member of the U.S. Senate from 1937 to tion in 1970 until the program began its and older is also living longer, much 1951 and later served a distinguished expansion in the mid-1980’s. longer. If you had reached age 65 at the career in the U.S. House of Representa- By the 1993 fiscal year, 11.6 percent of beginning of this century, you could tives. Floridians were eligible for Medicaid. have expected to have lived another 11 When I was elected Governor of Flor- Today, that has grown to 12 percent, years. ida in 1978, Senator Pepper, then serv- compared to the national figure of 14 Those who reached 65 in 1990 could ing in the U.S. House of Representa- percent of Americans being covered by expect to live an average of an addi- tives, made one request of me. He the Medicaid Program. tional 17.2 years, according to the U.S. asked me to expand the Medicaid pro- In sum, the percentage of Floridians census. Millions of Americans are liv- gram in Florida to cover an optional eligible for Medicaid has nearly tripled ing longer, and a higher proportion of two services: eyeglasses and artificial since the program started a quarter of our population is reaching senior sta- limbs. a century ago. It has tripled primarily tus. I am proud that one of my first acts because of the aging of the population, In 1900, about 40 percent of the popu- as Governor was to sign legislation, in- because of policy decisions, such as the lation could expect to reach the age of spired by Senator Pepper, to achieve decision to attack infant mortality, 65. By 1990, 8 out of 10 Americans lived these goals. Senator Pepper said there and by the dramatic decline in children to be 65 years or older. were too many poor seniors without vi- covered by private insurance programs Why is this relevant? It is relevant sion and without limbs. So, yes, Sen- and, therefore, becoming eligible for because Medicaid pays for half of the ator Pepper, we have expanded Med- Medicaid and receiving benefits total nursing home care in the United icaid so frail seniors can read and walk. through that program. States. Nationally, Medicaid pays 35 I challenge those who would cut $176 Before I move on to my next point, I percent of all long-term care services. billion to tell us if they are ready to want to underscore that there are also In Florida, 70 percent of our Medicaid dismantle this legacy of Senator some adverse reasons why Medicaid is spending goes to benefits for seniors Claude Pepper, if they are ready to growing. First, we must do a better job and disabled. take away the eyeglasses of poor sen- of suppressing fraud. Our colleague Mr. President, let me just insert one iors, if they are ready to deny coverage from Maine, Senator COHEN, estimates more set of statistics to underscore the of artificial limbs or return to the in- that Medicare and Medicaid suffer a fact that a principal reason why Med- fant mortality rates of yesterday. combined loss of $33 billion a year due icaid is expanding in its expenditures is There is a third reason, in addition to to fraud and abuse. At last week’s because Americans are extending their the aging of the population and the ad- hearing before the Senate Select Com- life expectancy. ditional demands that we have asked of mittee on Aging, the senior Senator In 1980, 15 years ago, there were 15,000 the Medicaid program, and that is that from Maine said something that we all Americans over the age of 100. By 1990, there have been expansions that we know is true. Senator COHEN said: ‘‘It that population had nearly doubled. have made legislatively. There are, in is appallingly easy to commit health Today, in 1995, there are 56,000 Ameri- addition, more and more children who care fraud.’’ cans of the age of 100 or older. No one used to get health coverage through In Florida, the Florida Supreme can deny this longevity trend, not their parents’ jobs who have now lost Court has just impaneled a grand jury Democrats, not Republicans. So when their private sector insurance. for a year as part of our attack on Med- we hear claims about the growth of Consider this trend line, Mr. Presi- icaid fraud. Medicaid, let us remember one of the dent. In 1977, the Census Bureau says In addition to fraud and abuse, there fundamental reasons for that growth, that the proportion of children with is another adverse reason why Med- thankfully, is as a people we are enjoy- private health insurance coverage was icaid is expanding. There has been ing the benefits of longer life. 71 percent; 71 percent of American chil- abuse

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 7, 1995 CONGRESSIONAL RECORD — SENATE S16719 in the provision known as dispropor- percent a year, which is higher than California would have been expected to tionate share hospitals, sometimes re- the growth rate for all other Medicaid have received $18 billion. The Senate ferred to by the acronym DSH. Today, categories. The most expensive cat- bill would limit California to $13.1 bil- one out of seven Medicaid dollars is egory of Medicaid service is the cat- lion, a $4.9 billion reduction from cur- spent on disproportionate share hos- egory that is growing the most rapidly. rent projections of need in the 1 year of pitals. The proposal that this Senate Do those who want to cut $176 billion 2002. adopted 11 days ago will make those for Medicaid suggest that the needs of Now, let us make some assumptions. payments virtually permanent within the numbers of the disabled will not Assume that California holds expendi- our Medicaid system. I will talk more grow at this rate? If they have some ture growth to inflation—a remarkable about this phenomenon on Wednesday. basis for that, we look forward to them achievement. Having done so, and hav- Mr. President, having discussed some presenting that to us. ing also met the other assumptions, in- of the principal reasons why the Med- A second reason for the projection of cluding moving all of those potentially icaid Program has grown dramatically Medicaid increase is that some 30 per- into managed care and reducing the over the last few years, let us now talk cent of the projected increase in Med- rates to providers, California would about the basis of projections for Med- icaid outlays would be caused by in- have to remove 320,548 people from the icaid. We are being asked to cut $176 creased costs, including national med- expected 61⁄2 million Medicaid bene- billion from Medicaid’s projection over ical inflation—a factor that no indi- ficiaries; 320,000 people would be re- the next 7 years. What is the medical vidual State can control. moved from the Medicaid rolls. rationale for the $176 billion cut? What Mr. President, one of the independent Suppose California was not quite as is the policy rationale? expert groups that has explored these successful, and instead of being able to Mr. President, I have been seeking a tough questions of the future of Med- hold health care costs to the rate of in- good answer to those questions, and icaid is the Kaiser Commission on the flation, California was able to hold until I get one, I will have to assume future of Medicaid. The Kaiser Com- health care costs to the rate of infla- that there is no sound rationale for $176 mission issued a report in May 1995 tion plus 1.9 percent. In that event, billion of cuts in Medicaid. I will have based on Congressional Budget Office California would have to remove 1 to assume that there are other reasons data that indicates what Medicaid will 1,065,823 of its 6 ⁄2 million Medicaid and that those reasons are to fund huge look like in the year 2002. The report beneficiaries. tax breaks, which will go, dispropor- assumes that States would first do the Are we saying that in the year 2002, tionately, to the wealthiest Americans. following things in order to achieve assuming that California has done a Mr. President, we are not at a loss savings: They would enroll individuals better job of reducing costs than the because our experts, the Congressional in managed care plans; they would re- private sector, the public sector, in- Budget Office, has looked ahead. It has duce provider payment rates; they cluding the Federal Government, that projected an annual rate of increase for would cut optional services. The States we are willing to allow between a third of a million to over 1 million people to Medicaid spending at 10.2 percent would do all of those before they would lose their health care coverage in the through the year 2002. take the next step, which is to reduce year 2002 in the State of California? How did CBO arrive at that figure? enrollment in the program. The key factors driving the CBO pro- Based on these assumptions—enroll- What happens if California is not able jections were these: ing individuals in managed care, reduc- to reduce its costs? Is the Governor of About 45 percent of the CBO-pro- ing provider payment rates, and cut- California ready to accept responsi- jected increases over the 7-year period ting optional services—Kaiser has pro- bility for allowing perhaps millions of our country’s most needy people to go are due to additional caseload; 45 per- jected the changes in covered bene- without health care coverage? cent of the reason why Medicaid is sup- ficiaries. Under the most optimistic Mr. President, my comments this posed to grow is because it will serve scenario, States would somehow reduce morning boil down to some simple an increasing number of Americans— growth in spending per beneficiary to mathematics. Take the projected need basically, the same Americans that the rate of overall inflation. in the Medicaid Program to the year have led to its growth in the last 10 Under another slightly less opti- 2002, which is $954 billion, and then sub- mistic scenario, States would reduce years, the increasingly elderly popu- tract the amount of the proposed cuts, real spending to the rate of inflation lation in need of nursing home care, $176 billion; that amount of money that plus 1.9 percent per year per bene- the number of poor children who no is left, $778 billion is now going to pay longer have health insurance at the ficiary. That number happens to be for $954 billion in projected needs. point of their parent’s employment, half the historical rate of growth for Mr. President, the simple math tells and through policy directions to attack Medicaid. Either way, cost control us that the block grants will come up the issue of infant mortality. would be more successful than that short, that they do not add up, that Do those who want to cut $176 billion achieved by the private sector or by States will not have a sufficient from the Medicaid dispute this projec- any public program, Mr. President, in- amount of resources in order to meet tion? Do they claim that we will be cluding the program that we have the projected needs of the frail elderly, serving fewer people? If so, who will we adopted for Federal employees. We are the disabled, poor children, and their not be serving? Shall we say to that asking Medicaid, under these two sce- mothers. frail senior citizen with poor eyesight narios, to be significantly more effi- This brings me, perhaps, to the most who needs glasses that their glasses cient than either the private sector or repugnant feature of the Medicaid should be taken away? Will their the public sector, including the judg- block grant proposal—the unmitigated neighbor who needs an artificial limb ment that we have made about our own cowardice of Congress for failing to be denied? Will the preschooler who health insurance program. admit, on the record, that these cuts needs to be immunized tell us who will Even with such a faith in State gov- will mean real suffering in the lives of not be covered so that we can pay for ernment’s ability to cut health care real Americans. the tax breaks? costs, let us look at what we can ex- It is as if the U.S. Senate has adopted Medicaid serves multiple clienteles. pect in just one State—California. a policy of ‘‘Don’t ask, don’t care.’’ One of the most costly groups served What will the Medicaid landscape look The fact is, Mr. President, that the by Medicaid is the disabled. The chron- like in the year 2002 in the largest of designers of these massive Medicaid ically ill cost at least seven times what America’s States? California is cur- cuts do not want to know who is really it costs to provide for nondisabled chil- rently projected to receive $95.7 billion going to have to pay for the tax breaks dren per year. It costs the Medicaid in Medicaid funds from the Federal that this $176 billion will, in part, fund. Program seven times per person to Government between the years 1996 and Leave those messy details to the serve a disabled person than it does the the year 2002. States. Take the high road. Take the poor child. The Senate reconciliation bill would cake and ice cream of doling out $245 CBO says the projected rate of limit California to $77.7 billion, which billion in tax breaks. growth in the number of disabled chil- is an $18 billion reduction over that 7- The truth is that the price for these dren to be served is expected to rise 4.1 year period. In the year 2002 alone, tax breaks for the wealthy will be paid

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16720 CONGRESSIONAL RECORD — SENATE November 7, 1995 for in the currency of suffering, pre- Mr. MCCONNELL. Will the Senator Few people really knew you. Now they will ventable illness, inadequate or unavail- yield for a unanimous-consent request? talk about you for quite some time, but I able care, and, yes, even the death of Mr. WELLSTONE. Of course. feel that they really don’t know just how great the pain is, how great the tragedy is; infants. Mr. MCCONNELL. I ask unanimous something has been destroyed. What we saw orchestrated on the consent I be allowed to proceed after Grandfather, you were and still are our Senate floor 11 days ago was an elabo- the Senator from Minnesota. hero. I wanted you to know that every time rate ritual of plausible deniability. No The PRESIDING OFFICER. Under I did anything, I saw you in front of me. hearings or debate on how many in- the order the Senator from North Da- Your appreciation and your love accom- fants could die because of slackened kota follows the Senator from Min- panied us every step down the road, and our prenatal care efforts. No hearings or nesota. lives were always shaped after your values. debate on how many elderly will lan- Mr. McCONNELL. After the Senator You, who never abandoned anything, are now abandoned. And here you are, my ever- guish in nursing home warehouses be- from North Dakota, I ask unanimous cause of deregulation and lower pro- present hero, cold, alone, and I cannot do consent that I may proceed. anything to save you. You are missed so vider payments. The PRESIDING OFFICER. Without much. Mr. President, that is precisely what objection, it is so ordered. Others greater than I have already eulo- happened when the 20 hours of debate f gized you, but none of them ever had the ran out on a 1,500-page bill with no dis- pleasure I had to feel the caresses of your cussion, no accountability, no honest DEDICATION TO THE PEACE warm, soft hands, to merit your warm em- admission that cutting $176 billion PROCESS brace that was reserved only for us, to see from the projected needs of human Mr. WELLSTONE. Thank you, Mr. your half-smile that always told me so beings that millions of Americans much, that same smile which is no longer, President. frozen in the grave with you. would suffer. Please excuse me for not wanting to talk I have no feelings of revenge because my In effect, the Senate sent to the about the peace. I want to talk about my pain and feelings of loss are so large, too States and county governments the grandfather. large. The ground has been swept out from dirty work, the painful decisions. That You always awake from a nightmare, but below us, and we are groping now, trying to is what we do when we embrace the since yesterday I was continually awakening wander about in this empty void, without don’t-ask, don’t-care standard for the to a nightmare. It is not possible to get used any success so far. formulation of public policy. to the nightmare of life without you. The I am not able to finish this; left with no al- Mr. President, I ask unanimous con- television never ceases to broadcast pictures ternative. I say goodbye to you, hero, and sent for an additional 2 minutes. of you, and you are so alive that I can almost ask you to rest in peace, and think about us, The PRESIDING OFFICER. Without touch you—but only almost, and I won’t be and miss us, as down here we love you so able to anymore. very much. I imagine angels are accom- objection, it is so ordered. Grandfather, you were the pillar of fire in Mr. GRAHAM. Mr. President, the panying you now and I ask them to take care front of the camp and now we are left in the of you, because you deserve their protection. standard for formulation of public pol- camp alone, in the dark; and we are so cold icy seems to be ‘‘let the States and Mr. WELLSTONE. Mr. President, I and so sad. said to my wife, Sheila, this morning counties figure out who gets care and I am not able to finish this; left with no al- who does not. Their fingerprints will be ternative. I say goodbye to you, hero, and that there is nowhere on Earth I would on those decisions, not ours.’’ ask you to rest in peace, and think about us, have rather been than in Jerusalem Make no mistake about it, these and miss us, as down here we love you so yesterday for this service to honor a Medicaid cuts will cost infants and very much. I imagine angels are accom- very courageous man, Yitzhak Rabin. frail elderly and the disabled. Congress panying you now and I ask them to take care Mr. President, I will never forget the of you, because you deserve their protection. cannot wash its hands so easily with long lines of the people in Jerusalem in the pathetic refrain that ‘‘We didn’t Mr. President, words of Noa Ben- Israel as we drove to the service, as I know.’’ Congress did not know because Artzi Philosof, 17, granddaughter of drove to the service with my col- it did not ask. It did not ask because it Prime Minister Rabin, at yesterday’s leagues—Democrats and Republicans— did not want to know. That is cow- service in Israel. to look out of the window and to see ardice. I ask unanimous consent that her the sadness of the people, to see the I never cease to be amazed how statement at the service be printed as sadness of the people. quickly the hands of Congress reach part of the RECORD of the U.S. Senate Mr. President, I will never forget the out to give tax breaks and favors and and therefore the record of our coun- words at the service, the words of our how quickly the same hands hide when try. President, President Clinton, the words it comes time to assume responsibility. There being no objection, the mate- of the Prime Minister’s granddaughter. The record, Mr. President, is clear. rial was ordered to be printed in the Her words were heard and felt by peo- The majority of both Houses of Con- RECORD, as follows: ple all over the world. Nor will I forget gress, with callous aforethought, si- [From the New York Times, Nov. 7, 1995] the words of King Hussein of Jordan phoned $176 billion in health and long- GOODBYE TO A GRANDFATHER: WE ARE SO who said, ‘‘I remember my grandfather term care of needy Americans without COLD AND SO SAD being assassinated’’—the King as a lit- even a cursory concern for the human (The granddaughter of Yitzhak Rabin, Noa tle boy was next to his grandfather— consequences. Ben-Artzi Philosof, 17, spoke at his funeral. ‘‘and now my brother’’—my brother; he Mr. President, I am sure that no Her remarks were translated and tran- called Prime Minister Rabin his broth- Member wants to leave that kind of scribed by the New York Times) er. He said, ‘‘I am not afraid. I am not mark on America. There is still time to Please excuse me for not wanting to talk afraid. If I have to meet that fate,’’ the reform Medicaid without hurting peo- about the peace. I want to talk about my King said, ‘‘so be it, but I am com- ple. There is still time to deliberate grandfather. mitted to this peace process.’’ You always awake from a nightmare, but the actual effects of cutting $176 billion Mr. President, I just would like to since yesterday I was continually awakening say on the floor of the U.S. Senate that in health and long-term care services to a nightmare. It is not possible to get used for millions of Americans. to the nightmare of life without you. The I owe a tremendous debt of gratitude to Such a deliberation will bring us face television never ceases to broadcast pictures my State of Minnesota for giving me to face with the families, with the chil- of you, and you are so alive that I can almost an opportunity to be a U.S. Senator dren, with the frail elderly, and with touch you—but only almost, and I won’t be and giving me an opportunity to be in- the disabled who will pay the price of able to anymore. vited to be able to go and to be at that this tax break. Grandfather, you were the pillar of fire in service. Up to this point, Mr. President, the front of the camp and now we are left in the I believe that the way that I can Senate has denied accountability and camp alone, in the dark; and we are so cold honor Prime Minister Rabin—I believe and so sad. the way that all of us can honor Prime responsibility. That denial is not plau- I know that people talk in terms of a na- sible. tional tragedy, and of comforting an entire Minister Rabin—whether we are Demo- The PRESIDING OFFICER. The Sen- nation, but we feel the huge void that re- crats or Republicans, as leaders in the ator from Minnesota, under the order, mains in your absence when grandmother U.S. Congress, is to dedicate our serv- will have 10 minutes. doesn’t stop crying. ices to this peace process.

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 7, 1995 CONGRESSIONAL RECORD — SENATE S16721 Mr. President, the Prime Minister I have had on my desk for slightly new $200 million stadium in Baltimore knew that the status quo was unac- over a year, a printed copy of the re- to be used rent-free for 7 years by the ceptable. He knew that the status quo marks Yitzhak Rabin gave to a joint Browns’ owner. Skybox, parking, and extended to the future would only meeting of Congress in 1994. The reason concession revenues go to the owner as mean that Israeli children and Pales- the remarks have been on my desk for well. In addition, the owner apparently tinian children would be killing each a year is I was so moved when I heard received $75 million as a bonus for mov- other for generations to come. him speak, in the House Chamber, in ing the team. He gave his life for peace. He was a such eloquent terms about his search I do not know the owner of the Cleve- general. He defended his country. He for peace in the Middle East, that I land Browns from a cord of wood so I was a military hero. But in the last thought I had not in many, many years am not judging him. And he is not analysis, at the very end, he gave his heard anything quite so beautiful or so alone in moving a sports team in life for security for his country and for profound or so powerful as those words. search of more money. And team own- peace for the peoples of the Middle I have kept them near for some long ers are no different than athletes: they East. while. All of us grieve for what has are two peas in a pod. They jump ship His loss is not only the loss of Israel, happened to Yitzhak Rabin and for the and leave town in search of more his loss is the loss of the peoples of the people of Israel in these days of trag- money. It is all about money—money Middle East, and his loss is the loss to edy. for the owners and money for the ath- all of us—all of us—who live in this letes. world. f Fans are the pawns who end up pay- So, colleagues, I think that the way A HOUSING PROGRAM FOR ing the bills through ticket prices and that we honor this man, Prime Min- MIDDLE-AGED RICH MEN taxes. Fans are reduced to rooting for ister Rabin, is by dedicating ourselves Mr. DORGAN. Mr. President, in these uniforms rather than people. The star to the peace process. Whenever our days of government spending cutbacks athlete in one city one week may well country can facilitate negotiations, we there is one notable exception: public end up playing against that city the should do so. Whenever our country housing programs for middle-aged rich next week as a result of trades or can continue the work of Dennis Roth owners of professional sports teams. moves by athletes and owners in search and others who have been so skillful in Yesterday’s announcement that the of the highest dollar. helping to mediate and keep these ne- Cleveland Browns will move to Balti- In circumstances where monopolies gotiations going, we should do so. more demonstrates once again that rule the day—and they do in profes- When there are terms of the agree- these rich folks who play monopoly sional sports—you cannot start an NBA ment that we are asked to follow games with their football, baseball, and team in Bismarck, or you cannot start through on such as financial aid, eco- basketball team franchises can play an NFL team in Sioux Falls. Money nomic development, aid to Palestinian city off against city to hammerlock of- and control replace the benefits of people, that the Prime Minister was so ficials and fans to pay for expensive, competition, and everyone pays except much for, we should support that. new taxpayer financed sports stadiums the owners and the athletes. Mr. President, I hope this does not I would not take the time to com- in which they can house their privately lead to a period of darkness. Certainly, ment on this issue, except that what is owned teams. happening in professional sports is a it feels that way now. This is a night- There is insufficient money for pub- perversion. This is about big guys and mare of the world. Let us dedicate our- lic housing for poor people in America, big money, and the little guy be selves to the peace process. Let us do but the sky is the limit for public hous- damned. And guess who ends up paying as public servants what the Prime Min- ing for those rich folks who own profes- for the sports stadiums and who ends ister was able to do. He took the moral sional sports teams and who insist the up paying for those lucrative salaries position. He did not know how the elec- taxpayers build them a place to play. for the athletes and handsome profits tions would turn out, but he did what No owner of a professional football, for the owners? The little guy. The fact he thought was the right thing. baseball, basketball, or hockey team His example of leadership was an ex- is, professional sports is sticking its will ever be homeless. Governments— ample of leadership not just for Israel finger in the fan’s eye. local, State, and Federal—will see to it but for all us that are in public service A story last week pointed out the that there are enough public resources in all countries throughout the world. cost of taking a family of four to a Na- As a Senator from Minnesota, as the available to build stadiums worth hun- tional Basketball Association profes- son of a Jewish immigrant from the dreds of millions of dollars with sky sional game this season has risen to boxes for the affluent. Governments Ukraine and Russia, LEON WELLSTONE, $192, up 10 percent from last year. It as the son of a daughter of Ukrainian will virtually guarantee that money costs about $130 for four tickets, an av- immigrants, Mincha Daneshevsky, as a from parking, concessions, and sky erage of $32 per ticket, and you have to father, grandfather, a Senator from boxes will make rich owners richer and add some hot dogs, a program and a Minnesota, and an American Jew, I was overpaid athletes financially fat and cap so the cost for four people adds up so proud to be there yesterday. happy. to nearly $200 to attend a game. Some- I hope I can live my life, with my The thing about this that irritates thing is wrong; something is terribly family and in my community, and as a me is that taxpayers in our part of the wrong in professional sports when we Senator, in such a way that I honor country: North Dakota, South Dakota, have come to that. And ticket prices this man. Montana, and Wyoming—help in both for hockey and football are even high- I yield the floor. direct and indirect ways to pay for this er. The PRESIDING OFFICER. Under housing program for rich sports own- I think that Congress ought to hold the order, the Senator from North Da- ers. some hearings on the subject of profes- kota has 10 minutes. But there will never be a press con- sional sports: where it has been; where ference in which a major sports team f it is going; who profits, by how much, owner announces he is moving his team and at whose expense. YITZHAK RABIN to Bismarck or Cheyenne or Helena. Why is it in 1995 that the only Mr. DORGAN. Mr. President, I did This little monopoly game that healthy public housing program is one not hear the entire statement of the bestows enormous economic awards on to build sports stadiums for rich, mid- Senator from Minnesota, but I visited certain regions of the country is a pri- dle-aged sports owners? Why, when so with him on the way to the Chamber vate domain played between the many cities would like to host a profes- today about his trip to Israel to the fu- wealthy sports owners and the largest sional sports team, do the leagues re- neral. I commend him for what I did cities of America. The rest of us are re- strict expansion unreasonably, so that hear him say. quired, through lost tax revenue, to existing teams can extract outrageous I think all of us join in offering our help pay the bills. ticket prices from citizens who have no prayers and condolences to the people Yesterday’s announcement about the alternatives? of Israel and the family of Yitzhak Cleveland Browns moving to Baltimore I think it is reasonable for our coun- Rabin. is apparently a result of a promise of a try to ask whether these monopolies,

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16722 CONGRESSIONAL RECORD — SENATE November 7, 1995 where a few rich owners can make Another way of looking at it, Mr. to be on this side of the aisle doing bat- judgments about where to bestow hun- President, per eligible voter spending tle with the liberal newspapers across dreds of millions of dollars of economic was about $3.74. That would get you an America. To conservatives, the undeni- benefits to one region or another or extra-value meal at McDonald’s. The ably and repeatedly proven liberal one city or another, are in concert with equivalent of a burger, fries, and a slant of the media is an opponent. Of the interests of our economy and our Coke is not too much to spend to com- course, all those newspapers would love country. municate with the American voter. to restrain our speech so their speech Mr. President, I yield the floor. Prof. Bradley Smith, in a work re- would be enhanced. The PRESIDING OFFICER. The Sen- leased by the Cato Institute, recently I have ruminated at some length on ator from Kentucky. observed that Sony is spending more to this over the years, including a 1994 Mr. McCONNELL. Mr. President, I promote Michael Jackson’s latest piece for the New York Times entitled will take a moment to bid farewell to album than the 1994 Republican Senate ‘‘The Press as Power Broker,’’ and an- my friend Yitzhak Rabin. I was unable nominee in California spent. That is a other for USA Today, also last year. to attend the funeral due to some fam- race that a lot of people like to focus Mr. President, I ask unanimous con- ily responsibilities, but had an oppor- on, even though on a per capita basis sent that both of those articles be tunity to get to know the Prime Min- there was less spending in California printed in the RECORD at this point. ister well in his visits to the United than in a number of other States. There being no objection, the mate- States. And to speak to him three or Newsweek columnist Robert Samuel- rial was ordered to be printed in the four times a year about the foreign aid son noted in an August 1995 column RECORD, as follows: program for Israel and other issues re- that campaign spending is tiny—five or [From the New York Times, June 18, 1994] lated to the Middle East. six one-hundredths of 1 percent of the THE PRESS AS POWER BROKER Not only has Israel lost a great gross domestic product. This is up from (By Mitch McConnell) statesman but the world has lost one of three one-hundredths of one percent in WASHINGTON.—In political campaigns, paid the premier figures of this century. the 1960’s. As Samuelson put it, it hard- advertisements are speech amplifiers—the f ly seems a high price to pay for democ- only practical way for candidates to speak racy. directly to large numbers of voters. That is CAMPAIGN FINANCE REFORM David Broder in the Washington Post why the Supreme Court ruled, in Buckley v. Valeo (1976), that involuntary spending lim- Mr. McCONNELL. Mr. President, I in June of 1993 said: noted with interest last week the testi- its are an unconstitutional infringement of Communication is the heart of campaign free speech. mony of the Speaker of the House be- politics, and candidates are competing, not Now, in the name of campaign reform, the fore the House Oversight Committee on just with each other, but with all the other Senate and House have both passed ‘‘vol- the subject of campaign finance reform messages being beamed at the American pub- untary’’ spending limits for Congressional and the reaction to the Speaker’s lic. The added cost of the 1992 campaign was campaigns. But while they aim to equalize speech here in the Senate last Friday the direct byproduct of a very desirable spending between candidates, these limits by two of our colleagues. change—a marked increase in competition. would distort the political process, creating There were 1,200 more congressional can- Let me say, we are back into it a whole new set of power brokers—including, didates in 1992 than in 1990—a 63 percent in- perhaps not coincidentally, some of the loud- again. The biennial assault on the first crease. est cheerleaders for the new spending limits: amendment has begun anew. So Broder pointed out that: America’s largest newspapers. The Speaker of the House last week, To get around the Supreme Court ruling, It is illogical to welcome the infusion of the bills would not explicitly require spend- in addressing this issue in some of the energy and ideas represented by the largest ing limits. Instead, candidates would be most skillful and brilliant testimony I freshman class in 44 years and condemn the bludgeoned into compliance by a panoply of have seen or been privileged to hear, cost of their campaigns. heavy penalties. These schemes, which have pointed out that this debate is about He is talking about the 1992 class. the first amendment. We are talking the enthusiastic support of the New York Broder concluded in that article: Times, among other papers, are voluntary in about free speech and the doling out of Few politicians in today’s cynical climate name only. the ability to communicate in a free want to tell the voters the truth. If you want Under the Senate bill, candidates who re- society. competitive politics, make up your mind fused to abide by the limits would have their Some of my colleagues here on Fri- that it is going to be relatively expensive. campaign receipts taxed at the full corporate day ridiculed the Speaker for stating Democracy, like other good things, is not rate, currently 35 percent. They would be re- what is perfectly obvious—that we do cost-free. quired to include self-incriminating dis- not spend enough on campaigns in this But expensive compared to what? It claimers in their ads and their campaigns would be saddled with extra reporting re- country, not nearly enough. is said time after time on the floor of quirements. That is just for starters. As a matter of fact, it is interesting the Senate that campaign spending is When noncomplying candidates went even to note that in the 1993–94 cycle, the out of control. It is just not true. There a penny over the ‘‘voluntary’’ limit, their op- most recent 2-year cycle of congres- is no basis for that. And it is repeated ponents would receive a Government grant sional elections, congressional cam- as if it were fact. equal to one-third of the limit. The more paigns spent about what the American We spend a pittance on politics in that noncomplying candidates spent above public spent in 1 year on bubble gum. I this country. And, as the Speaker the limit, the more tax dollars their com- plying opponents would get. repeat, Mr. President, in the last con- pointed out last week, we really ought The Senate bill also provides for Govern- gressional cycle, we spent on congres- to be spending more. To the extent ment grants to counteract independent ex- sional campaigns what Americans that our speech is restrained by some penditures by private citizens or groups for spend in 1 year on bubble gum. And artificial Government-imposed effort or against any complying candidate. If David about half of what they spend on yo- to restrict it, others will fill the void. Duke decided to run for the Senate and the gurt, and about half what they spend As the Speaker pointed out, the void N.A.A.C.P. or B’nai B’rith decided to spend on potato chips. left by the limits—if we had limits on money in opposition to his candidacy, he So where did this notion get going our speech—would be further filled by would be eligible for dollar-for-dollar match- ing funds to fight back. And ask yourself that we were spending too much in the media, in addition to other power- this: if an independently financed ad urged campaigns? Compared to what? Com- ful entities. people to ‘‘Support Senator X—she voted 50 pared to what? When you look at any A Member of this body on this floor times to raise your taxes,’’ which candidate sensible comparison, we are spending a last Friday blasted as ‘‘ludicrous’’ the would get the money to counteract it? pittance communicating with voters Speaker’s observation that over half The more a candidate’s campaign was ham- and expressing ourselves in the Amer- the money he raises is to offset the At- strung by a limit on spending (and speech), ican political system. lanta Journal and Constitution. The the more powerful other players would be- Commercial advertising in 1992 was Senator further noted that his oppo- come—labor unions, religious groups, anyone with an agenda to promote. In particular, $44 billion. The cost of democracy, if nent is not the newspaper. Maybe this newspapers would emerge unscathed from you will, in the 1993–94 cycle was $724 colleague of ours who was lambasting this ‘‘reform,’’ perfectly situated to fill the million—as I said, roughly what Ameri- the Speaker enjoys a great relationship communications void created by the spend- cans spent on bubble gum that year. with his newspaper, but he ought to try ing limits. Their power to make or break

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 7, 1995 CONGRESSIONAL RECORD — SENATE S16723 candidates would increase as the candidates’ the fact that the media factor is codi- Mr. President, I yield the floor. ability to communicate through paid adver- fied in law in which they are specifi- Mr. GRAMS addressed the Chair. tisements was severely limited. cally exempted from the definition of The PRESIDING OFFICER (Mr. GOR- Most campaign spending goes toward get- campaign expenditure. The reason that TON). The Senator from Minnesota. ting an unfiltered message to voters. This re- they need to be exempted is because quires expensive television, mail and news- f paper advertisements. Simply speaking from the assumption is that media activities the courthouse steps, as in days gone by, would be a political expenditure. Right RELEASE OF PRISONERS FROM would be cheaper; but it is impossible to here in the Federal election campaign VIETNAM reach most voters that way. laws compiled by the Federal Election The ‘‘reform’’ effort based on spending lim- Commission on page 6, it is pointed out Mr. GRAMS. Mr. President, I was its is obviously unconstitutional, yet the na- that the term ‘‘expenditure’’ does not very pleased to learn of the release tion’s largest newspapers proceed full steam include any news story, commentary, today of two American prisoners in ahead in their promotion of it. Perhaps they or editorial distributed through the fa- Vietnam. They are Mr. Nguyen Tan Tri do not fully appreciate that newspapers and Mr. Tran Quang Liem. Both Mr. could be but a loophole away from having cilities of any broadcasting station, and so on. Tri and Mr. Liem will arrive in the their election-related editorials regarded as United States today. ‘‘independent expenditures’’ under Federal The point this makes is that you election law. Or perhaps their true campaign could assume that is an expenditure in The American citizens were detained finance goal is to tilt the political playing a campaign. So there is a need to spe- 2 years ago, along with Steven Young, field in their own favor. cifically exempt it. The Speaker is ab- a constituent of mine and a well-known solutely correct. To the extent that the promoter of democracy in Vietnam. [From the USA Today, Oct. 24, 1994] speech of an individual campaign is ar- The three Americans were in Vietnam DON’T LIMIT SPENDING tificially restrained by some Govern- organizing a conference on democracy (By Mitch McConnell) ment-imposed speech limit, the speech with Vietnamese activists. In 1992, congressional campaigns spent of others will be enhanced. Most par- Unfortunately, the right to free about $3.63 per eligible voter—comparable to ticularly the liberal media of this speech is not yet recognized in Viet- a McDonald’s ‘‘extra value meal.’’ The truth country who love to limit anybody nam, and the three Americans were de- is campaign spending is paltry compared to else’s speech so their speech will be tained without charge. Steve Young expenditures for commercial advertising. was released within a few days, but Tri Yet advertising is the only practical—and louder and more penetrating. An objective observer unconcerned or and Liem languished in poor health in most cost-efficient—means of commu- a Vietnamese prison for nearly 2 years nicating to large electorates. That is why unfamiliar with the Constitution the Supreme Court has said that in political might call that media exemption a before they were charged, tried, and campaigns, spending is speech, and therefore loophole. But the point fundamentally, convicted of treason in mid-August. involuntary spending limits are unconstitu- Mr. President, is that we are not, as Sentences of 7 years for Tri and 4 years tional. the Speaker indicated, spending too for Liem were then issued. Had the Senate not mercifully killed it, much on politics in this country. We As a member of the Foreign Rela- this year’s version of USA TODAY’s beloved tions Subcommittee on Eastern Asia ‘‘reform’’ scheme would have self-destructed ought to be spending more. Any effort to restrain the speech of campaigns, to and Pacific Affairs, I made this matter in the courts. It was a blatantly unconstitu- a top priority. On September 19, I tional attack on citizens’ freedom to partici- shut up the campaigns, will enhance pate in elections. And, its spending/speech the speech of others. To rearrange passed Senate Resolution 174, which limits were not ‘‘voluntary.’’ speech in this democracy is not a desir- was cosponsored by my colleagues Mr. For example, if the NAACP had the audac- able goal. DOLE, Mr. HELMS, and Mr. THOMAS. The ity to oppose a Senate candidacy by David So we begin again the seemingly end- resolution called for U.S. Government Duke, this ‘‘reform’’ would direct tax dollars less debate that has certainly domi- intervention at the highest levels to se- to Duke to ‘‘counteract’’ the NAACP! Can- nated the Senate during my period cure freedom for these Americans. At didates who didn’t ‘‘voluntarily’’ limit here about the desirability of clamping the time it did not appear that Sec- spending would have their campaign funds retary-level contact had been made in taxed, lose broadcast and mail discounts, be down on American campaigns and forced to run self-incriminating ad dis- shutting up candidates so they will not this matter, something that I believed claimers, be choked with extra red tape and speak too much and providing some was essential after the normalization trigger matching funds for their opponents if kind of subsidy—a bribe, if you will—to with Vietnam. Suitable contacts were they exceeded the speech/spending limits. get them to shut up. subsequently made, allowing us to That’s why the American Civil Liberties The Supreme Court has said that communicate how important the re- Union opposed the bill. spending is speech and cannot be lim- lease of these two Americans was to The National Taxpayers Union opposed ited. But it did say that you could offer our Government and to the relation- what amounted to an entitlement program ship between our two countries. for politicians, providing communication a public subsidy to candidates if you vouchers (‘‘food stamps for politicians’’) to wanted to sort of pay them to shut up. On October 12, I met with family House candidates and a host of benefits to That is the Presidential system, and members of Mr. Tri and Mr. Liem, who Senate candidates. Political scientists op- the reason even candidates like Ronald had traveled to Washington from Texas posed the spending/speech limits because Reagan, who stated that he would take and California to urge the Government they advantage incumbents over challengers, taxpayer funding and said, ‘‘I will take to give this matter the same priority celebrities over unknowns—the political it. I cannot afford not to. The subsidy that it gave to the release of Harry Wu. haves over the have-nots. is so generous.’’ The families were concerned about the Republicans opposed the scheme for all The various schemes we discussed health of the American prisoners, as these reasons and more. USA TODAY misdiagnoses the problem and prescribes a here in the Congress do not have as well as the poor prison conditions to constitutionally toxic cure. Perhaps USA generous a subsidy. It has been pro- which they were subjected. They were TODAY would consider a dose of its own posed that we have the broadcasters informed by the State Department offi- medicine: tax dollars to candidates to ‘‘coun- pay for our campaigns, or that we have cials that release had become a top pri- teract’’ hostile newspaper editorials and an the Post Office customers pay for our ority for the administration. aggregate word limit for articles. This would campaigns through broadcast discounts Mr. President, shortly after this help ‘‘level the playing field,’’ alleviate the and postal subsidies, as if this somehow meeting, it appeared that the Viet- political ‘‘headline chase’’ and lessen the an- was not real money. Well, it is real namese were becoming more interested noying din of media coverage. The premier political reform is the First money. And make no mistake about it, in resolving this matter. The rumors Amendment. If those freedoms were pro- the goal of all of these schemes is to out of Vietnam were rampant. Several tected only for the press, newspapers would clamp down on political speech, which, times we heard that there would be a be omnipotent. Perhaps that is why USA of course, will in turn limit the partici- retrial. We heard that there would be a TODAY so casually dismisses the First pation of Americans in the political release about the same time of Presi- Amendment concerns of others. system. There is much more to be said, dent Le’s visit to the United States to Mr. MCCONNELL. Mr. President, in and I expect we will have an oppor- attend the U.N. anniversary celebra- the New York Times piece I referred to tunity next year to say it. tion. We then heard the retrial would

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16724 CONGRESSIONAL RECORD — SENATE November 7, 1995 occur the weekend of October 28, fol- of the duplicative and unnecessary reg- a repudiation of the commitments that lowed by conviction and expulsion from ulations from their backs, a course those in the majority made to our vot- the country. Finally, a commitment which will lessen the burden of tax- ers last year. Mr. President, I am con- was made that the release would occur ation, which governments at all levels vinced it cannot and will not be done. this past weekend in Vietnam. impose on them. So, if I may, I will end these com- While all of this goes to show that They, unlike many Members of Con- ments by repeating one part of Sue freedom of speech and due process are gress, believe that the money that they Magruder’s letter: still scarce in Vietnam, I am pleased earn is their own, and that they can be We want you to hold the line. Don’t com- that normalization has apparently asked to give some of that to support promise with my tax dollars because there is given us more tools to pursue issues of common purposes. They disagree, how- no more to give. dispute with the Vietnamese Govern- ever, that somehow or another every- Mr. President, that is correct and ment. The two Americans have now thing they earn belongs to the Govern- that is the line that we are going to been released, but many political pris- ment, which, in its generosity, will continue to hold. oners, whose only crime has been to ad- allow them to keep some of it. That is Mr. President, I suggest the absence dress issues of religious and political a fundamental disagreement that they of a quorum. freedom, remain locked away in Viet- have with many Members of this body The PRESIDING OFFICER. The namese prisons. and many others who live and work in clerk will call the roll. I am encouraged as well that the Vi- this Capital of the United States. They The legislative clerk proceeded to etnamese have been more forthcoming know that every penny the Govern- call the roll. with the release of information about ment gets comes out of the pocket of Mrs. HUTCHISON. Mr. President, I MIA’s and POW’s after normalization. some hard-working American citizen or ask unanimous consent that the order We must continue our efforts with some other person who lives and works for the quorum call be rescinded. Vietnam to pursue a full accounting, as at some point or another in this coun- The PRESIDING OFFICER. Without my resolution also has requested. try. objection, it is so ordered. Again, I applaud the personal inter- Sue Magruder wrote that there is no f vention of Secretary Warren Chris- more to give. In that line, she was con- topher and Secretary Lord on this im- centrating on herself and her family APPOINTMENT OF CONFEREES— portant matter, and I also look forward and her community. But at least an H.R. 2546 to working with them to pursue our equally undesirable—no, immoral ele- ment in the way in which this Govern- The PRESIDING OFFICER. Under mutual goals now that we have nor- the order of November 2, 1995, the Chair malized our relationships with Viet- ment has been run during the course of the last 20, 30, or 40 years is that we is authorized to appoint conferees on nam. the bill, H.R. 2546. To Mr. Tri and to Mr. Liem I say, spend money by the hundreds of bil- lions of dollars that we are not taking The Presiding Officer appointed Mr. Welcome home. JEFFORDS, Mr. CAMPBELL, Mr. HAT- Mr. President, I yield the floor. I directly from our citizens in the form of taxes, but are borrowing, at interest, FIELD, Mr. KOHL, and Mr. INOUYE con- note the absence of a quorum. ferees on the part of the Senate. The PRESIDING OFFICER. The and sending the bill not to the citizens clerk will call the roll. who live and work in the United States f The assistant legislative clerk pro- now, but to their children and our chil- dren and grandchildren. That, Mr. THE DEATH OF ISRAEL PRIME ceeded to call the roll. MINISTER YITZHAK RABIN Mr. GORTON. Mr. President, I ask President, is a greater imposition, a Mr. ROBB. Mr. President, it is with a unanimous consent that the order for greater wrong done to them than can sad heart that I offer a few final words the quorum call be rescinded. possibly be done by any control over today on behalf of Yitzhak Rabin— The PRESIDING OFFICER (Mr. the increase in spending policies, by statesman, military war hero, peace- ASHCROFT). Without objection, it is so the cancellation of any marginal Gov- maker, and friend. ordered. ernment spending program. We simply do not have the right to His burial in Jerusalem on Monday f spend the money on consumption today casts a pall over Israel and the Middle HOLD THE LINE—NO COMPROMISE and ask our children and their children East. The resilient people of Israel will and their children to pay the bill. That overcome this tragedy, but his assas- Mr. GORTON. Mr. President, re- is the central issue; that is the central sination reminds us of the extremist cently I received a letter from a con- question which separates us from a poisons that continue to threaten stituent named Sue Magruder, who White House that believes in the status Yitzhak Rabin’s dream—peace between lives in Snohomish, WA. This is what quo and believes that there really is Israel and the Arab world. she wrote: nothing wrong with the continuation I first met Yitzhak Rabin when he DEAR SENATOR GORTON: Hold the line. If of multibillion-dollar deficits year served as Ambassador to the United the President decides to veto and the Gov- after year, as far as the eye can see. States beginning in 1968. It was one of ernment shuts down, so be it. We don’t need all this Government, and compromise is out And it is on that proposition, Mr. many leadership posts he held in a long of the question. President, that I do not believe that and distinguished career. From brigade Please pass this sentiment on to the rest of constructive compromise is possible. commander in the 1948 war of independ- your colleagues. We want you to hold the Once the White House, once the admin- ence to Army Chief of Staff during the line. Don’t compromise with my tax dollars istration realizes the depth of our feel- historic 6-day success in the 1967 war to because there is no more to give. ing on this issue, once it comes to its Ambassador and then Prime Minister Mrs. Magruder and her husband are senses and is willing to join us in the on two different occasions, Yitzhak small business people in the town of goal of balancing the budget in 7 long Rabin embodied the fighting, and now Snohomish, WA. They feel—and I think years, on the basis of realistic projec- peacemaking, Jewish spirit. they feel justly—that they are overbur- tions, then, Mr. President, I think I had the good fortune of visiting dened with regulation and with taxes, many things are said to be com- with him many times over a period of with attempting to support them- promised. Many elements of the spend- three decades. Following the raid on selves, with attempting to make both ing program can go up while others go Entebbe, he honored my mother-in-law, their own family and their community down. I do not believe that there is any my wife, and me with a state dinner in a better place in which to live. And absolute bottom line after we have Jerusalem in 1973. During visits to they, together with millions of other reached that conclusion. Under those Israel since then, and on his trips to Americans like them, want us to con- circumstances, compromise will be a Washington, I continued to learn from tinue on the course that we set out at constructive activity. But to com- Yitzhak Rabin’s political wisdom and the beginning of this year—the course promise away the proposition that we insights, as well as appreciate the dif- that will bring the budget into balance, must stop spending more than we take ficulty of living in a world surrounded a course that will remove at least some in would be essentially wrong, would be by declared adversaries. His was a

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 7, 1995 CONGRESSIONAL RECORD — SENATE S16725 voice of reason, forged by the fires of Yitzhak Rabin’s life embodied the and continue to turn away from the vi- war and tempered these last few years very concept of leadership. He was a olence that always bubbles just under by yearnings for peace. warrior of great skill, an accomplished the surface in that part of the world. Because of my own military back- diplomat, and, in the fullest sense of Yitzhak Rabin trained to be a farm- ground, Yitzhak Rabin shared addi- the term, a statesman. His leadership er. Like one of our greatest Presidents, tional insights with me on the strength was a catalyst of reconciliation and Harry S. Truman, Prime Minister and force of Israeli defense forces and peace in a region long torn by animos- Rabin had the plain-speaking, straight- difficult combat environment they ity and war. The dramatic progress we forward, blunt common sense of farm- faced. I respected him enormously for have witnessed over the last 2 years in ers. But also like Truman, Rabin’s des- the military prowess he demonstrated the Middle East peace process would tiny led him to the army and to becom- during his years of service and after- not have occurred without the leader- ing a world leader whose strategic in- wards. His fighting skills in 1948 and ship of Yitzhak Rabin. tellect was respected all over. 1967 earned him accolades as an au- One of his key strengths as a leader Just 6 years ago, Senators DANIEL thentic war hero. Most would agree was his ability to bond realism with INOUYE, Jake Garn, and I spent several that his military leadership was in- optimism. It is a trait that is all too hours with Rabin when he was Israel’s valuable in securing the birth, and con- rare and all too necessary in regions Defense Minister. To this day, I will tinuing security, of the Jewish State. beset by conflict. But Yitzhak Rabin left the battle- not forget the time that Mr. Rabin Rabin combined his acute under- spent showing us the intricate desert field for the political trenches in the standing of the obstacles to peace in 1970’s, initially implementing iron fist defense preparations made by Israel. the Middle East with his recognition His courtesy, combined with his in- policies during his first term as Prime that peace was essential to security of Minister that brooked no dissent from tense attention to detail, made our his nation. The product is the historic mission a learning success. the enemies of Israel. Hostile states, roadmap in the Middle East we must Mr. President, if there is one thing terrorist organizations committed to now follow. It has not, nor will not, be that I have realized in recent years, it the destruction of the Jewish State, an easy path. It will be all the more is that Yitzhak Rabin was a warrior for and other inimical forces would not difficult in his absence. peace in the Mideast. When Israel’s se- push Israel into the sea. In such endeavors, leaders matter. curity was in grave danger, he fought After a stint as Defense Minister in Rabin’s tenure as Prime Minister dem- and led military battles, notably the the 1980’s and then a Labor-Likud onstrated this clearly. Despite set- Six-Day War in 1967. But over time, he powersharing arrangement, Yitzhak backs and ever present dangers, Rabin came to embrace peace as the only way Rabin returned to the Prime Minister’s never allowed himself to become dis- Office and began to lay the groundwork for Mideast stability. illusioned with prospects for peace. He for comprehensive peace with the Pal- forged ahead. He marshalled support Just 90 minutes before he was gunned estinians and Arab Nations. It was not for what were initially unpopular, but down in Tel Aviv, Prime Minister an easy decision to make, trading land nonetheless necessary, steps toward Rabin stood before more than 100,000 for peace, but no one was more re- Arab-Israeli reconciliation. Rabin kept people at a rally to implore them to spected or qualified to lead Israel away the process on track. harvest the fruits of peace. He said, ‘‘I from the bloodshed of its past to a The death of Yitzhak Rabin is clearly waged war as long as there was no more secure future. chance for peace. I believe there is now The 1993 Declaration of Principles a blow to the peace process. However, Mr. President, his assassination is not a chance for peace, a great chance, and has started us down that road. I will we must take advantage of it for those not forget the Prime Minister’s words a reflection of the fragility of peace he has helped bring to the Middle East. It standing here, and for those who are that sunny September morning 2 years not here.’’ A few moments later, he ago on the White House lawn when the is a reflection of the urgency with which we must work to consolidate added, ‘‘The people truly want peace accord was signed. ‘‘The time for peace and oppose violence. Violence erodes has come,’’ he said. ‘‘We, the soldiers that peace. We must remember that while lead- the basis of Israeli democracy.’’ who have returned from battles stained Mr. President, today, in our grief, as with blood * * * say in a loud and clear ers matter, it is their visions that are we remember our friend Yitzhak Rabin, voice: Enough of blood and tears. enduring. Yitzhak Rabin left to Israel let us all look to his last words for the Enough.’’ and the Middle East, indeed to the King Hussein appropriately eulogized world, a vision of reconciliation that guidance to achieve the greatest legacy Yitzhak Rabin as one who ‘‘died as a will be his lasting legacy. Our greatest we can give our friend—a lasting peace. soldier of peace.’’ We can only hope contribution to the memory of Yitzhak Mr. President, an editorial in today’s that his assassination imbues the peace Rabin must not be our grief over his edition of the State of Columbia is a process, pushing implementation of the departure, but determination to ensure fitting tribute to Prime Minister Oslo II agreement forward. In earlier that his vision of peace and reconcili- Rabin. I ask unanimous consent that it times Shimon Peres and Yitzhak Rabin ation becomes an enduring reality in be printed in the RECORD. espoused different views and styles the Middle East. There being no objection, the edi- within the same Labor Party tent, but f torial was ordered to be printed in the RECORD, as follows: in an ironic twist the two forged a per- REMEMBERING YITZHAK RABIN: sonal alliance these last few years in WARRIOR FOR PEACE RABIN: ‘‘BEST IN WAR, BUT *** GREATEST IN the name of peace. I have high hopes PEACE’’ for the Acting Prime Minister carrying Mr. HOLLINGS. Mr. President, I rise today with a heavy heart to remember Among the thousands who will experience forward with Rabin’s good work. the funeral of Yitzhak Rabin in front of an For if he were with us today, I think one of America’s greatest friends—my international audience today, the thoughts Yitzhak Rabin would urge us to finish friend Yitzhak Rabin—who was trag- should be on the peace process the Israeli the job he has begun. It only saddens ically murdered Saturday in Israel. His prime minister was setting up when an as- me that this courageous leader did not sudden death is even more shocking be- sassin struck him. live to enjoy the fruits of his own labor cause he was assassinated just after As Foreign Minister Shimon Peres said, to create a better future for Israel. making an impassioned speech for Mr. Rabin was ‘‘at his best in war, but at his greatest in peace.’’ f peace in the Mideast. Mr. President, Yitzhak Rabin was the There was more truth than hyperbole in THE DEATH OF YITZHAK RABIN strongest leader in today’s world. Pe- this. The man was a warrior who served as Mr. ROTH. Mr. President I, rise riod. As he guided the ship of Israel chief of staff of the Israel Defense Forces, today to express my profound grief through a sea of hostility, he forcefully overseeing the dramatic victory over Arab armies in the Six-Day War of 1967. He had over the death of Israeli Prime Min- led the troubled Mideast toward peace. risen to this position after more than 20 ister Yitzhak Rabin—a man who was We can only hope that we continue to years as a soldier, a career that began in the brave in the conduct of war and coura- seek the Prime Minister’s goal—peace Jewish underground before independence, as geous in the pursuit of peace. among Moslem, Christian, and Jew— a commando in Haganah.

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16726 CONGRESSIONAL RECORD — SENATE November 7, 1995 That victory gave Israel territory in the longing. We should all take heed of his A TRAGEDY FOR ISRAEL AND THE Sinai that was released when Egypt’s Anwar example. WORLD Sadat made peace with the Jewish state. And Gordon will give credit for his suc- it also brought Israel captured land that his cess to his father, his family, his board Mr. MACK. Mr. President, the death country is giving back now in negotiations of Yitzhak Rabin was many things— with the once-hated Palestinians. and the families he serves before tak- ing any for himself. His background is the loss of a hero, a blow to the mo- Mr. Rabin’s superb marks as a warrior mentum of the peace process, a vile act helped position him as a man of steel, one steeped in the Boys and Girls Club tra- who could be depended upon to hold the secu- dition, with his father and two brothers of political terror. Israel, whose people rity of Israel foremost as he slipped into his serving as executive directors for clubs are accustomed to tragedy and un- role as statesman. and his own career encompassing 37 speakable inhumanity, has been con- He became ambassador to the United years. fronted with something unexpectedly States after the Six-Day War. By 1973 he was Gordon has established the club’s sinister. An attack from within. While back in Israel as a Labor Party member, be- Israel has taught the rest of the free coming prime minister in 1974 in the wake of reputation for being one of the best- equipped clubs in the Nation. The club, world to bear the burden of terrorism the difficult Yom Kippur War. He became the and fight back, it has never had to cope first sabra—native-born Israeli—to serve as which has about 1,000 members, has prime minister. built its soccer program into one of the with the assassination of a leader by a A minor scandal helped send Mr. Rabin premier youth sports activities in Bil- fellow citizen. Something has changed packing in 1977 when the Likud conservative lings. The inviting new building serves forever with the death of Yitzhak party took over for some years. Then in 1984, not only club members, but any child Rabin. But much more remains the he returned to government as defense min- who cares to participate. same. ister in a coalition regime headed by Likud leaders. His political rehabilitation was kin- This is all due to the vision and com- In the aftermath of the tragedy, dled by the Palestinian intifada (uprising) passion of one man, the man I am so Israelis poured out into the streets, that began in 1987 and caused the defense proud to recognize today. To quote lighting candles and keeping an all minister to order the breaking of limbs in- from the play, ‘‘The Fantasticks,’’ ‘‘a night vigil of prayer. The next day, as stead of shooting. Ultimately, he lost faith man who plants a garden is a very Yitzhak Rabin lay in state at the in that policy, and came to believe that ter- happy man.’’ Gordon, enjoy your re- Knesset, a million mourners—a quarter ritorial concessions to the Palestinians were tirement. You have tended your garden of Israel’s population—paid their re- a requirement for peace. well. spects. Israelis of all political view- The election of 1992 restored Labor and made Mr. Rabin prime minister again. An points united to mourn their prime old Labor rival, Mr. Peres, became foreign f minister. In a unique and historic trib- minister and soon started the Olso talks that ute, leaders of Arab countries, includ- set up the first meeting between the PLO’s THE BAD DEBT BOXSCORE ing King Hussein of Jordan and Presi- Yasser Arafat and the Rabin-Peres team at dent Mubarak of Egypt, and a Pales- the White House. That was the beginning of Mr. HELMS. Mr. President, the sky- tinian delegation, attended the funeral the current West Bank talks. rocketing Federal debt, now slightly in alongside mourners from all over the Those discussions enraged the Israeli right. excess of $15 billion shy of $5 trillion, world. Finally, Israel’s leader in war Right-wing Israelis paraded effigies of Mr. has been fueled for a generation by bu- and peace was laid to rest at Mount Rabin as a Nazi officer or portrayed him reaucratic hot air—sort of like a hot wearing a kafflyeh (Arab head dress). And so Herzl, Jerusalem’s military cemetery, air balloon whirling out of control— near graves of other soldiers who died it was that on Saturday, after a peace rally which everybody has talked about, but with 100,000 Israelis, a Jew broke a com- defending Israel. mandant never to shoot a Jew. Like Egypt’s almost nobody even tried to fix. That attitude began to change, however, im- Just before the funeral began, a siren Anwar Sadat, Yitzhak Rabin was killed by sounded across Israel, signaling Israelis one of his own people. In the assassin-filled mediately after the November 1994 Mideast, he is the first Israeli prime min- elections. everywhere to observe a moment of si- ister to die at a terrorist’s hand. The 104th Congress promised to hold lence. Every year, on Israel’s Memorial Despite a seven-day period of mourning, true to the Founding Fathers’ decree Day, this siren signals Israelis to stop the Labor Party has already reestablished that the executive branch of the U.S. whatever they are doing to honor the itself under Mr. Peres. Likud leader Ben- Government should never be able to nation’s fallen soldiers. On Monday, jamin Netanyahu has lamented, ‘‘We debate, heads of state and royalty from all we shout, we don’t shoot.’’ But it does not spend a dime unless and until it had been authorized and appropriated by over the world paid tribute to Yitzhak appear that Netanyahu will seek another Rabin. Yet it is the image of Israel’s election soon, although about half the the U.S. Congress. populance seems to be on his side. Among So, when the new 104th Congress con- people, making pilgrimages to his them are the zealots who must be restrained. vened this past January, the House of home in Jerusalem, lining the route of As the architect of peace, Mr. Peres knows Representatives quickly approved a the funeral procession, and standing si- the process and the principal players. He can balanced budget amendment to the lently during the siren that epitomizes lead if he’s not considered too dovish. Maybe U.S. Constitution. On the Senate side, for me the death of a hero. a Rabin is necessary to act firmly. Let’s hope not. all but 1 of the 54 Republican Senators Time and time again, Israel has en- Let peace, not war, be Yitzhak Rabin’s leg- supported the balanced budget amend- dured crises and tragedies. Time and acy. His own countrymen, more so than the ment. time again the Israeli people have 40 heads of state at his funeral today, hold That was the good news. The bad grown stronger and more committed to the key to this. news was that only 13 Democrat Sen- their Zionist mission. The people of f ators supported it, and that killed the Israel have, in a short time, accom- balanced budget amendment for the plished many dramatic successes. They GORDON ELDREDGE time being. Since a two-thirds vote—67 have farmed the desert. They have wel- Mr. BAUCUS. Mr. President, I rise Senators, if all Senators are present— comed hundreds of thousands of Jewish today to honor a man who has made a is necessary to approve a constitu- immigrants from diverse backgrounds, substantial investment in the future of tional amendment, the proposed Sen- not to mention refugees from Vietnam, my State of Montana. Gordon Eldredge ate amendment failed by one vote. and Bosnia. They have fought wars, is retiring as executive director of the There will be another vote during the and repelled terrorist attacks, while es- Boys and Girls Club of Billings after 25 104th Congress. tablishing a democratic Jewish state, years. Here’s today’s bad debt boxscore: based on the rule of law. I have been to I believe it is important for people to As of the close of business Monday, Israel and met with its leaders and or- know about someone like Gordon. November 7, the Federal debt—down dinary citizens. Now, as Israel faces yet Many children already do. They know to the penny—stood at exactly another difficult challenge, I have faith and trust him as a man who under- $4,984,737,460,958.92. that the Israeli people will come to- stands them, their families, their prob- That amounts to $18,922.15—on a per gether in their grief to carry on Israel’s lems, their hopes and dreams. He gives capita basis—for every man, woman, role as the strongest democracy and them a safe haven and a sense of be- and child in America. United States ally in the Middle East.

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 7, 1995 CONGRESSIONAL RECORD — SENATE S16727 It is very difficult to imagine Israel terms on the Federal North Pacific FAREWELL TO PRIME MINISTER without Yitzhak Rabin. His life and ca- Fishery Management Council. He also YITZHAK RABIN reer tracked the dramatic events of served his country as an advisory and Israel’s founding. He oversaw the devel- representative in international fishery Mr. PELL. Mr. President, today I opment of its army, commanding it at negotiations with Japan and Russia. wish to pay my respects to a man who one of its most perilous moments, the He did not stop there. He was a will be remembered as one of history’s 1967 Six-Day War, and overseeing founding member of the United Fisher- giants. Israel’s defense during the difficult pe- men’s Marketing Association and the I know that all of us in the Senate— riod of the Intifada. He worked to Alaska Draggers Association. He gave indeed, throughout the Nation—were strengthen the United States-Israel al- his time to the Kodiak City Council, shocked and saddened by the news of liance as Israel’s Ambassador to Wash- the Kodiak Community College, the the assassination of Israeli Prime Min- ington. As Prime Minister, he worked Alaska Seafood Marketing Institute, ister Yitzhak Rabin. Having just re- for peace while safeguarding Israel’s and the Alaska Governor’s Fishery turned from accompanying President security. Finally, let no one forget, he Task Force, to name a few of many. Clinton to the Prime Minister’s fu- gave his life for peace. There is a He- And he worked tirelessly toward the neral, I can also bear witness to the brew saying invoked in times of goals of the Alaska Fisheries Develop- devastating, emotional impact of the ment Foundation, and Kodiak’s Fish- mourning, ‘‘May his memory be a assassination on the fabric—indeed, on ery Industrial Technology Center. Al- blessing.’’ Yitzhak Rabin’s life was a every fiber—of Israel’s society. blessing to Israel, and to the world. His ways, he helped lead his fellow fisher- memory will serve as an inspiration to men toward a stronger, sustainable fu- Yesterday, the Senate passed a reso- all of us in the difficult days ahead. ture. lution paying tribute to Prime Min- In 1985, Oscar was chosen by National ister Rabin’s legacy and expressing f Fisherman magazine to receive its support for the people of Israel and the OSCAR DYSON, A FRIEND OF prestigious Highliner of the Year government of acting-Prime Minister FISHERIES awards. And this year, just days before Shimon Peres. Those are fine and ap- Mr. MURKOWSKI. Mr. President, I the fatal accident that took his life, he propriate sentiments, and I was pleased rise today to note with great regret the was made the National Fisheries Insti- to cosponsor the resolution. It is in- passing of one of Alaska’s most promi- tute’s Person of the Year, the insti- deed proper for the Senate to act nent citizens, Oscar Dyson, on Satur- tute’s highest honor. quickly to reaffirm its unique and un- day, October 28. Finally, Oscar believed strongly in wavering commitment to the State of Oscar Dyson was a true pioneer and our Nation’s youth. Both by example Israel. and by application, his kindness, an authentic Alaskan sourdough who Yet in a certain sense, the words in epitomized the can-do spirit of the Last humor, understanding, and sage advice guided generations of young people. He the resolution we passed yesterday Frontier. could never do justice to the rich, com- Born in Rhode Island, he first came helped them ‘‘learn the ropes,’’ and they gained the confidence to go out plicated, and ultimately heroic life of to Alaska in 1940, after working his Yitzhak Rabin. way across the country. When World into the world and—like Oscar him- War II began, he went to work building self—to make it better. There can be Prime Minister Rabin did not inspire airstrips for the Army Corps of Engi- no greater memorial. love as much as confidence. Even if neers. When Japanese airplanes at- f they disagreed with him, his country- tacked Dutch Harbor and invaded the ISRAELI PRIME MINISTER men could be assured of his commit- Aleutian Islands, Oscar Dyson was YITZHAK RABIN ment to their safety and security. To there. me, the grieving Israelis, whose pic- Mr. D’AMATO. Mr. President, I rise tures we have seen on television and in After the war, Oscar truly came into today to pay tribute to the late his own. He started commercial fishing the papers, are probably not moved en- Yitzhak Rabin who served his people in tirely by sentiments and emotions—al- in 1946, beginning a career that would war and in peace and did both with though that is surely part of it. But I span generations and would make him great bravery. The Government of think the real reason they seem so one of the most well-known and ad- Israel and the people of Israel have suf- fragile is because they have lost their mired figures in the U.S. fishing indus- fered a deep wound that will take a anchor, and as a result are uncertain of try. great deal of time to heal. Over the years, Oscar pioneered fish- Just 2 weeks ago, I along with many their world. It is a measure of Rabin’s ery after fishery. Starting as a salmon of my colleagues, stood with him in the greatness that his passing could have and halibut fisherman after the war, he rotunda of the Capitol to present to so profound an impact. branched out into shrimp, king crab, him, a copy of the bill which would Prime Minister Rabin was the quin- and ultimately, in groundfish. In 1971, move the American Embassy in Israel tessential soldier—his thinking stra- he made the first-ever delivery of Alas- from Tel Aviv to Jerusalem, the Holy tegic, his analysis solid and calcu- ka pollock to a shore-based U.S. proc- City. I was most proud then and most lating, his style terse, and his author- essor, starting an industry that now proud now to have been there. One ity unquestioned. These qualities, has an annual harvest of over 3 billion could not, of course, guess that only 2 which served him so well on the battle- pounds—the largest single fishery in weeks later, this horrible, cowardly act field, were also the distinguishing char- the United States and the fourth in would occur. acteristics of his political career. Al- value—which now represents a full 30 The Prime Minister’s goal of peace though the ends he pursued seemed percent of the United States commer- for Israel, after so very many years of contradictory—decisive military vic- cial harvest. blood and tears, is one that cannot be tory on the one hand, peaceful coexist- In the 1970’s, while remaining an ac- abandoned. I am sure that Israel will ence on the other—the means by which tive fisherman, Oscar also diversified, find the strength to move forward. he pursued them never changed. He joining with several other fishermen to Peace, like Israel’s security, is of vital brought to the peace table the same purchase what became a highly suc- importance to Israel and the United dogged determination, the same self- cessful and innovative seafood proc- States alike. Yet, one cannot argue the confidence that he possessed in the war essing company. point that Israel will not be the same room. Oscar thought of himself—first, last, without him. He was a hero and a tow- and always—as a fisherman. But to ering figure of his time. One of the quirks of world politics is those of us who knew him, he was far My heart goes out to the Rabin fam- that revolutionary change often more. He knew that good citizens must ily at this most unfortunate time. springs from the most unexpected be ready to give something back to this They can take solace in the fact that sources. The political pundits of the great Republic, and he was as good as Yitzhak Rabin will forever be remem- 1970’s, for instance, would never have his word. He served 13 years on Alas- bered as a peacemaker for his people— guessed that President Nixon would be ka’s Board of Fisheries, and three a peacemaker for Israel. the first to visit China. A decade later,

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16728 CONGRESSIONAL RECORD — SENATE November 7, 1995 no one could have predicted that Presi- enough for a rich and fulfilling life. the last months of needlepoint the dent Reagan would be the one to sign Prime Minister Rabin excelled at all of Christmas ornaments her friends and far-reaching arms control agreements them, and for that, history will forever colleagues had come to expect each with the Evil Empire, the Soviet remember and revere him. year, before it was too late. Union. By the same token, it was f Not long ago, I read the words of a equally improbable that Rabin, who ar- pastor who said that ‘‘If you look hard THE DEATH OF MARTHA MOLONEY guably was more concerned with the enough, you can see God’s image even security of Israel than many of his Mr. FORD. Mr. President, I rise to in someone whose life is foreign to compatriots, would take such unprece- speak today on a matter that brings yours, and you can have compassion dented risks for peace. It defies expec- me great personal sadness. A loyal and for him.’’ In the end, I believe that is tation even more that this gruff sol- trusted member of my staff, Martha the life Martha had come to live, turn- dier-turned-statesman could speak so Moloney, passed away over the week- ing the skills that led to an accom- ardently and passionately in defense of end, after a long battle with cancer. plished career, into the large and small his decisions. I know that many of my colleagues acts of kindness and generosity that I think that many amongst us will will understand when I say that my touched all those who knew her and always associate Prime Minister Rabin staff is like a second family to me. And many who did not. My thoughts and with his historic appearance on the perhaps, it is even more pronounced for prayers go out to her friends and fam- White House lawn in September 1993, me, because of the length of time my ily. when he shook Yasir Arafat’s hand in staff has continued to serve me with f such loyalty and dedication. Martha full view of the world. I well remember PRIME MINISTER YITZHAK RABIN that sun-spilled morning, a day full of was one of those staffers, working with hope and promise. Some moments in me for 18 years, nearly my entire serv- Mr. SANTORUM. Mr. President, the history are so dramatic, so full of vital- ice in the Senate. hills of Jerusalem were quiet yesterday Over the years, I had the privilege to ity, that they will never fade. Such was as world leaders gathered to pay trib- see her develop her legislative acumen, that day. For me, the defining moment ute to Prime Minister Yitzhak Rabin, a having a hand in numerous historic came when Prime Minister Rabin ut- man who served and led Israel for more legislative achievements and working than 50 years both in war and in peace. tered the unforgettable words I now on airport projects all across my State. Yitzhak Rabin was a true leader in shall quote: I depended immensely on her polit- every sense of the word. A man who, We are destined to live together on the ical sense and her knowledge of avia- after having led his nation in war bat- same soil in the same land. We, the soldiers tion and telecommunications issues. who have returned from battles stained with tling for freedom, turned to his own blood; we who have seen our relatives and Her work certainly did not go unno- countrymen to seek peace for the long- friends killed before our eyes; we who have ticed in Kentucky. Because of her com- term security of Israel. attended their funerals and cannot look into mitment of time and energy, officials In the days since his tragic death, the eyes of their parents; we who have come at one of our largest airports named a much has been said of Yitzhak Rabin’s from a land where parents bury their chil- street after her. I will be forever grate- unique role in brokering peace in the dren; we who have fought against you, the ful for the countless times that her ad- Middle East. Friends and former foes Palestinians, we say to you today in a loud vice and counsel helped me make the agree Mr. Rabin achieved progress and a clear voice: Enough of blood and tears. best decisions for Kentucky and the where perhaps no other Israeli leader Enough! Nation. I know that many Kentuckians was capable. Because of his strong Those, Mr. President, are not the will share my belief that she will be military record, Yitzhak Rabin words of a warrior, but of a poet. I do impossible to replace. brought legitimacy to his quest to stop not know if there is more unlikely an I also saw her confront a terrible ill- the bloodshed of Israelis. Only a man author for such stirring prose than ness and turn it into a series of per- who led his country to great victories Prime Minister Rabin, but it serves to sonal triumphs. Because of her bravery in war could argue effectively against remind us of the depth of his character, and commitment, last year’s National concerns that Israel was giving up its the multifaceted nature of his person- Race for the Cure on behalf of breast security in negotiating peace with her ality. cancer, had over 200 participants who neighbors. The complexities that so were evi- ran, walked, and said, ‘‘Doing it for From Yitzhak Rabin’s early days as a dent in Rabin go to the very heart of Martha.’’ As a result of the personal young soldier in the Palmach, to his leadership. In every democracy, there outpouring of support on her behalf, meteoric rise to Chief of Staff of the often emerges a struggle between the the entire race will be dedicated in Israeli Army, he was credited world- will of the people and the best instincts Martha’s honor next year. It is the wide as having one of the most insight- of their representatives. Prime Min- largest 5 kilometer race in the world. ful military minds of his time. He was ister Rabin’s decisions on the peace If you look simply at her 25 years of primarily responsible for creating the process were not always popular or public service, first in her native Ken- army which led Israel to victory over well-received, but he was able to move tucky and then in Washington, you Egypt, Jordan, and Syria and included his country in a new direction because cannot help but be impressed by her the capture of the Old City of Jeru- of the strength and courage of his con- commitment to a State and its people. salem in the Six-Day war. Yet it may victions. He came to believe as relent- But, that really does not begin to de- have been his close contact with war lessly in peace as he did in military fine a woman whose gifts and talents that led him to eventually realize that strength, and brought a reluctant na- were many. the only true prospect to ending the tion along with him. That, Mr. Presi- I know my fellow Kentuckians will Palestinian question was negotiation, dent, is the essence of leadership. agree when I say she was a true south- and not a military solution. The United States has lost a trusted ern woman in the best of that tradi- One of the most tangible examples of and valued friend, and Israel has lost tion. She was intelligent and articu- what his efforts for peace have gar- one of its fiercest, and most noble late, not a bit afraid to speak her mind, nered was the presence of King Hussein lions. While nothing has changed that a gracious hostess and talented artist and President Hosni Mubarak at the is fundamental between us, our two creating beautiful quilts and needle- funeral services at Mount Herzl Ceme- countries will never look at each other work, and to the end, compassionate tery. These men, once enemies, joined quite the same. That will be the result and giving. over 30 other world leaders to honor a of having lost, in such a sudden and un- She was the accomplished cook who man they had faced on the battlefield thinkable way, one such as Prime Min- was as proud of the meal she cooked at and then again at the equally difficult ister Rabin. Our Nation mourns his Christ House or Carpenter’s homeless peace table. loss, and grieves with his family and shelter as she was of the gourmet Yitzhak Rabin inspired in most friends. spread you were guaranteed when in- Israeli citizens a sense of confidence Soldier, diplomat, leader, a peace- vited to dinner. that in these troubled times he was maker, Nobel laureate—to be success- She was the woman who faced death acting in the interest of Israel’s long- ful at any one of these is more than much too early, yet was determined in term

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 7, 1995 CONGRESSIONAL RECORD — SENATE S16729 prosperity. He viewed peace negotia- For my part, my commitment to en- just say that the comfort that is there tion as a necessity to secure Israel’s fu- suring a strong and secure Israel re- in seeing the funeral for the fallen ture in the Middle East, putting aside mains steadfast. As always, Israel has leader of Israel and the diversity of whatever personal remembrances he a true and lasting friend in the United people from around the world, leaders may have carried from his days as a States. Since its founding, the Amer- of country, who came to pay their re- soldier. The pinnacle of his career was ican people have stood by Israel in the spects, said more than anything else, witnessed by millions of people on Sep- search for peace and stability. Today, that we are at the cusp of a time when tember 13, 1993, when he and Yasir as Israeli citizens mourn, we stand by we will see peace in the Middle East. Arafat shook hands on the White House our friend. In the months ahead, we I just want to reiterate this Sen- lawn after the signing of the Declara- will stand by Israel’s side as that na- ator’s strong position, that America tion of Principles. On that day, he tion heals, and as it finds the courage will be there, hand-in-hand with our spoke words meant for Israel’s Arab en- to take the next step toward peace. friends, to make sure that Prime Min- emies but now tragically apply to fel- Shalom, Yitzhak Rabin. We praise ister Rabin’s dreams will not die. They low Israelis, ‘‘We are today giving your life and the gifts you gave to will be carried on by his successors in peace a chance—and saying to you and Israel and the world community. office and by the future generations of saying again to you: enough. Let us f leaders of Israel. pray that a day will come when we all Mr. President, I yield the floor and CONDOLENCES TO ISRAEL will say farewell to the arms.’’ suggest the absence of a quorum. The PRESIDING OFFICER. The f Mrs. HUTCHISON. Mr. President, I take this opportunity to add my voice clerk will call the roll. TRIBUTE TO PRIME MINISTER to those that have been raised all over The legislative clerk proceeded to YITZHAK RABIN the world to say how sad we are today call the roll. Mrs. MURRAY. Mr. President, like so to have lost a great leader in the peace Mr. EXON. Mr. President, I ask unan- many of my colleagues, I want to rise process in the Middle East. I, as a imous consent that the order for the today and pay tribute to the late member of the Armed Services Com- quorum call be rescinded. Israeli Prime Minister Yitzhak Rabin, mittee, have met with Prime Minister The PRESIDING OFFICER. Without who lost his life in the name of peace Rabin, and I, like so many others who objection, it is so ordered. The Chair will inform the Senator we this past Saturday in Tel Aviv. have spoken for the last few days, had are scheduled, under previous consent, Many of us have spent the last sev- great respect for him. eral days mourning the loss of a great I want to say at a time like this, you to be in recess at 12:30. Mr. EXON. Mr. President, I ask unan- man—not only for Israel but also for look to your friendships for support imous consent I be yielded 5 minutes or the world. On Monday, Kings, Presi- and comfort. Clearly, America is there a short period of time thereafter, and dents and Princes gathered in Jeru- for the support and comfort of our under that unanimous-consent request salem to pay tribute to this finest of friend, our ally, and our strong, strong the 12:30 hour for recess be set aside leaders—the late Israeli Prime Min- compatriot, the State of Israel. We are temporarily, so that I might finish my ister Yitzhak Rabin. But as I listened there to make sure that we get through remarks. to the statements of praise and honor, this testing period strong in body to- The PRESIDING OFFICER. Without I was struck most by the words of his gether. objection, it is so ordered. granddaughter, who spoke of his place Mr. President, I think as I look back The Senator from Nebraska. in Heaven more than his place in his- on the events of the last few days, what f tory. ‘‘Grandfather,’’ she said, ‘‘may struck me the most is how far the lead- the God of Israel that keeps over all of ership of Prime Minister Rabin, along THE ASSASSINATION OF PRIME us keep you in Heaven, as you merit.’’ with his predecessors, brought us. The MINISTER RABIN Heaven now cradles the man who funeral itself would never have hap- Mr. EXON. Mr. President, I would spent his life fighting wars and waging pened in our dreams. We would never like to briefly address the shocking peace on behalf of the great nation of have seen the President of Egypt, the loss to the world caused by the assas- Israel. And so it is left to those of us King of Jordan, and even the good sination of Prime Minister Rabin, the still living to carry his torch—that wishes of the PLO chief, coming to- beloved Prime Minister of our friend, ‘‘pillar of fire’’ described by his grand- gether to say we are able to speak in the State of Israel. I have heard several daughter, that lit a path toward peace one voice that this should not have of my colleagues’ remarks on the sad- few thought possible. Yitzhak Rabin, happened, that we want to seek peace. ness of this moment, the terrible loss we will miss your vision and courage. I think now everyone believes that that we feel here in the United States But we will not let the message of your peace is achievable in the Middle East. and the terrible situation that is going life be lost. Today it falls to each of us, That could not have happened 10 years on inside the State of Israel today; peo- citizens and leaders of all nations, to ago. ple obviously in dismay and disbelief. guarantee that your legacy of peace is Just seeing what we saw at the fu- This is a very, very sad event. fully realized. neral yesterday makes us realize how I have listened with great interest Yitzhak Rabin was trusted by far we have come. It makes us miss all this morning to my friend and col- Israelis first for his military knowl- the more the leadership that Prime league, the Senator from Minnesota. I edge, and later for his political leader- Minister Rabin has given in this coun- simply say he said everything so well, ship. He has been a central actor in his try for so long, first as a military I think it will suffice to say that I wish nation’s history since its founding in spokesman, a military strategist, a to associate myself with the remarks 1948, leading his country through times hard-liner, if you will. by Senator WELLSTONE on the floor of of war and peace. His was truly a re- The Prime Minister saw how the the Senate earlier today. He summed it markable life, held together by a sin- strength of Israel was one and how the up so very, very well that I cannot add gular, unwavering commitment to the strength of Israel could be made to to it. security of Israel. continue and endure into the future Those of us who had our lives Yitzhak Rabin once said that he generations. I think he saw that peace touched by Prime Minister Rabin, worked to end the hostilities in the re- was the answer that they had come to those of us who knew him, those of us gion so that his children and his chil- where they were by sheer grit and who were with him, those of us who lis- dren’s children would no longer ‘‘expe- sheer determination. But he saw that tened to his sound advice with regard rience the painful cost of war.’’ Today, it took more to have a lasting place in to world leadership for peace over the on behalf of Yitzhak Rabin’s grand- the Middle East, and he was coming years, feel a terrible loss. Our hearts go daughter and all the children of Israel, around to bringing the people of Israel out to his family, to his constituents in we must not ask if the Middle East with him. the State of Israel, where he led so cou- peace process can survive, but rather, So I add my voice and say that my rageously and so bravely. how. We must devote ourselves to that condolences go to the people of Israel, A true warrior of peace has been goal with unity and courage. to Prime Minister Rabin’s widow, and struck down. We all should recognize

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16730 CONGRESSIONAL RECORD — SENATE November 7, 1995 and realize this is a time, possibly, to now in this regard is wrong from every RECESS have this terrible loss solidify the drive standpoint, as I see it. The PRESIDING OFFICER. Under for peace in the Middle East. I am sure that the Republican ma- the previous order, the hour of 12:30 f jorities in both the House and the Sen- p.m. having arrived, the Senate will ate will pass the conference report. I THE BALANCED BUDGET now stand in recess until the hour of am just as sure that President Clinton 2:15 p.m. Mr. EXON. Mr. President, there is a will veto that bill, and he would be Thereupon, the Senate, at 12:35 p.m., great deal of rhetoric going on today right to do so. recessed until 2:15 p.m.; whereupon, the about where the Nation is going with The Republicans do not have the Senate reassembled when called to regard to the balanced budget that this votes to override a Presidential veto. order by the Presiding Officer (Mr. Senator supported for a long, long And I am glad they do not. We will Helms). time. I remind the Senate it was this eventually have to sit down and start Mr. SMITH. Mr. President, I suggest Senator who voted with the near ma- crafting a workable budget together. the absence of a quorum. jority to reach the required number of I pledge cooperation, but not capitu- The PRESIDING OFFICER. The votes for setting a constitutional lation. To that end, all should know clerk will call the roll. amendment for a balanced budget. I where this Senator stands and where The legislative clerk proceeded to have been known as a conservative many other Senators stand who want a call the roll. Democrat for a long, long time, who balanced budget. Playing games with Mr. DOLE. Madam President, I ask has been against the wild-eyed spend- the debt ceiling is not a yearly casino unanimous consent that the order for ing that has engulfed our Nation for far night at the local men’s club. The Re- the quorum call be rescinded. too long. I stand ready with Senators publicans should not be gambling with The PRESIDING OFFICER (Ms. on both sides of the aisle to march for- the full faith and credit of the United SNOWE). Without objection, it is so or- ward if we can, in a bipartisan fashion, States. dered. not dictated by the budget resolution These budget negotiations are deli- f that was passed in the Senate. cate, and they will take time. At the PARTIAL-BIRTH ABORTION BAN The first thing I would like to do is very least, we should extend the debt ACT address some of the talk that is going ceiling into early next year. Mr. DOLE. Madam President, we on today, talk I am very fearful is im- The same is true with the next con- have agreed to take this bill up at 2 pinging upon the basic tenets of our tinuing resolution. We should not be o’clock to accommodate a lot of our Government. It seems to me the major- taking hostages in these negotiations. colleagues who were on a plane all ity of Republicans in the Senate and Second, we cannot, and will not, ac- night. I thank the Senator from New the majority of Republicans in the cept the Republican’s current level of Hampshire for not objecting to that House, at least their leadership, are reductions in projected Medicare and process. now, unfortunately, working their way Medicaid requirements. These are ex- We are going to take up H.R. 1833, to try and thwart the rightful duties treme, and they are excessive. They which is a bill to ban partial-birth guaranteed under the Constitution to must be pared back if there is any hope abortions, and I think it is worth not- the President with regard to the veto of winning Democratic approval. ing this bill passed by an overwhelming process. The same is true with tax breaks for majority in the House. I know there This is all centered now around the the rich and the tax increases for work- will be efforts to amend the House bill extension of the debt ceiling. I think it ing families eligible for the earned-in- and refer the bill to committee. I urge is time, now, we strip aside the facade come tax credit. Deny it as much as my colleagues to reject those efforts, that the Republicans have fashioned you want, but there is a relationship because it is a straightforward bill. about their objections to raising the between the size of the tax breaks for This isolates one procedure, one used debt limit. the wealthy and the Medicare expendi- up to the ninth month of pregnancy, If you examine the Republican bill tures. The tax breaks have to be scaled and one procedure alone. It is not call- and reasonably add up the numbers, back and targeted more toward middle- ing into question some of the larger you discover the necessity by the Re- income Americans. abortion issues that so often divide us. publicans to raise the debt ceiling by There are, of course, many others The American Medical Association’s $1.8 trillion, from its present $4.9 tril- areas that will be on my list, particu- Council on Legislation voted unani- lion to $6.7 trillion by the year 2002. larly with regard to rural America mously to enforce H.R. 1833. A member This is the best kept secret in Wash- which has been mauled in this budget. of that council described it as not ‘‘a ington. But I wanted to give you at least what recognized medical technique.’’ It is necessary for them to raise the I believe is the starting point for a bal- The overwhelming majority vote in debt ceiling to help accommodate their anced budget that will win bipartisan the House—including both those who $245 billion tax break for the wealthy congressional support and the signa- consider themselves pro-choice and and cover the ever-increasing interest ture of the President of the United pro-life—underscores that this bill de- costs resulting therefrom. It is signifi- States. serves immediate passage. After hear- cant to note that in the Republican I say to my colleagues on the other ings and committee work in the House, bill, they are increasing in the short side, instead of trying to see who will nothing will be served by further delay. term the National debt by $600 billion blink first, why do not we try to see Those who seek to amend it are in ef- in the years 1996 to 1997. eye to eye on a few of these issues? fect trying to deprive this bill of any Since this is the Republican’s clearly That is what the American people real meaning or significance. needed goal, why do they refuse to do want. That is what they deserve. The only people in America trying to it now—to avert the threat of a train I stand ready to be of assistance to defeat this bill are abortion extremists wreck? Such action, if it were taken by anyone on either side of the aisle in who believe that no compassion, no the Republicans, would avert playing coming together where both sides are common sense, should ever get in the Russian roulette with the economy and going to have to give, and give on way of an anything-goes approach. I do would avert the cloud on the economy issues that they feel very strongly not think reasonable people, whatever that would be caused. Clearly, if we do about. It is in the interest of the their views on abortion, agree with not raise the debt ceiling, it would re- United States of America, though, to that position. sult possibly in closing down Govern- get away from this Russian roulette Opponents of this bill know that. As ment and defaulting on Uncle Sam’s that we are now headed toward, obvi- a result, we will instead hear soothing obligations for the first time in its his- ously with regard to the debt ceiling claims that opponents only want to tory in not issuing Social Security extension. amend the bill. There are those, for ex- checks. Mr. President, I say again, come, let ample, who argue that this bill needs Mr. President, this is wrong. The us reason together. to be amended to provide for an excep- process that the Republican leadership Mr. President, I thank the Chair. I tion in cases where the life of the in the House and Senate are on right yield the floor. mother is at stake.

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 7, 1995 CONGRESSIONAL RECORD — SENATE S16731 However, the bill already provides an tory of the Nation’s ongoing debate for the head, is this little baby in the affirmative defense in such cases. More about abortion. There was a coalition birth canal 3 inches from full birth—3 to the point is the fact that arguments of Members of the House from both po- inches from full birth—is this baby de- about life or health of the mother are litical parties, from all across the phil- serving of the protection of the law as designed to scare people and ignore the osophical spectrum. They were pro- depicted in the Constitution of the facts. The facts are these: This proce- choice. They were pro-life. They had United States? That is the issue we dure is a 3-day procedure—that is different degrees of what their pro- face today. No other issue. No other right, 3 days. This is not something choice or pro-life positions were— issue. No other issue do we face today where a quick medical decision is Democrats, Republicans, liberals, con- other than that one. called for in a life-and-death situation servatives, pro-choice, pro-life. But The House of Representatives, to and opponents know it. they came together to form a super- their great credit, Madam President, Doctor Pamela Smith, director of majority, a two-thirds majority to pass answered that fundamental question, medical education in the department of this bill in the House, H.R. 1833. and they answered it with a very re- obstetrics and gynecology at Mount Two of the highest ranking Members sounding yes, by a supermajority of 288 Sinai Hospital in Chicago, IL, put it of the House minority leadership, Con- to 139. When you look at the numbers, best: gressman GEPHARDT and Congressman you know that was not all Democrats Doctor Smith states unequivocally: BONIOR, joined together with the two on one side or all Republicans on one There are absolutely no obstetrical situa- highest ranking leaders of the majority side or all pro-life people on one side or tions encountered in this country which re- leadership, NEWT GINGRICH and DICK all pro-choice people on one side, it was quire a partially delivered human fetus to be ARMEY, in voting to pass this bill. I a mix. They answered emphatically destroyed to preserve the health of the point this out, Madam President, be- yes, yes, yes. These little children de- mother. cause this is quite different from the serve the protection of the Constitu- This is a straightforward and bal- debates that we have had here in the tion of the United States. anced bill that allows the Congress to past on the issue of abortion. I think it I was never prouder, in the 11 years I do something it rarely has a chance to goes right to the heart of how different have spent here in Congress between do: Step past divisive abortion argu- this particular bill is to some of the the House and the Senate, than I was ments of the past, stand up for those other debates. Perhaps even more sig- that day when people on both sides of who cannot defend themselves and do nificant, the House’s two-thirds major- that issue came together. It was a mag- it in a bipartisan way. ity for this bill, again, transcended the nificent day for the House and a great I urge my colleagues not to allow usual voting patterns of abortion-re- day for this Nation. It was a great vic- those who have a very different agenda lated issues. tory for the cause of human rights, a to defeat or delay this bill’s passage. It is interesting some of the names great victory for the protection of an I hope as we get into the debate that that came out of this debate: Pro- innocent child in the birth canal, three we can debate this bill and not get into choice Democrats PATRICK KENNEDY of inches away from birth. unrelated matters that have no pos- Rhode Island and JIM MORAN of Vir- It is hard for me to believe that it is sible reference to this bill. This is an ginia joined with pro-choice Repub- necessary for me, or anyone else, to important issue. licans like Susan Molinari of New York stand here on the floor of the Senate So, hopefully, we can complete ac- and CHARLIE BASS and BILL ZELIFF of today and have to fight for that protec- tion on it or do whatever the opponents my own State of New Hampshire to tion. It is hard for me to believe that. wish to do, if they are going to send it pass this bill to ban partial-birth abor- It has always been hard for me to be- back to committee. I think there are a tions. lieve that, but it is difficult for me to couple Members absent who support This does not mean that anybody accept the fact that is necessary, that that approach and a couple absent who compromises their views to do that. there are those who would deny that support another approach. Perhaps we What it means is people looked at this protection, as if somehow this was can have that vote tomorrow. This is issue very carefully with an open mind some generic process that did not im- worthy of debate, and I thank my col- and realized what a bad, disgusting pact young children. leagues for letting us proceed to it. process this really is and decided that But beginning today, Madam Presi- I yield the floor. America, in no way, should be a partic- dent, the U.S. Senate, too, is going to The PRESIDING OFFICER. The ipant or in any way add the weight of face that same question. They are clerk will report the bill. this great country in this issue to this going to face the same question that The legislative clerk read as follows: horrible, horrible process and proce- the House faced: Will we vote to extend A bill (H.R. 1833) to amend title 18, United dure. the protection of the law to the young- States Code, to ban partial-birth abortion. So, Madam President, this great coa- est of our fellow Americans, those The Senate proceeded to consider the lition, this supermajority—Democrats, whose little bodies have emerged from bill. Republicans, pro-choice, pro-life, lib- womb into the birth canal and are in Mr. SMITH addressed the Chair. eral, conservative—came together. the process of being born? That is the The PRESIDING OFFICER. The Sen- That does not very often happen question we have to ask ourselves, and ator from New Hampshire. around this place, and I think that says that is the question we are going to Mr. SMITH. Madam President, I rise something about this issue and the se- have to answer today. today to support very strongly H.R. riousness of it. As we start this debate, I just want 1833, the Partial-Birth Abortion Ban They came together because they to say a word to my pro-choice col- Act of 1995. I might also point out that came to see this bill as presenting a leagues. I do not agree with their posi- this is identical legislation to legisla- fundamental question, a very funda- tions on some matters of abortion, but tion I introduced on the Senate side. It mental question, and that question is a I respect their right to have that posi- was originally cosponsored by Senator question of human rights. tion. This is America. This is not a pro- GRAMM of Texas and had some dozen or The question of whether the very choice/pro-life debate as we know it so cosponsors, including the distin- youngest, tiniest, most innocent of under the other circumstances of the guished majority leader. But I decided Americans, those babies whose living, debate. It is certainly a life or death that it would be just as easy to take moving bodies have been brought into debate. the bill from the House side rather the birth canal—into the birth canal— As you listen to this debate, I say to than to encumber the process with an- who, indeed are in the very process— my pro-choice colleagues, ask your- other piece of legislation. the very process—of being born are de- selves, why did DICK GEPHARDT, PAT- So I am delighted to be here, frankly, serving of the protection of the law of RICK KENNEDY, SUSAN MOLINARI, or any on behalf of small children who really the United States of America, because others, vote for this bill? You all know do not have the opportunity to be here that is the fundamental question we them. You are their pro-choice col- to speak for themselves. are going to face today when we vote leagues. You know them and respect Last Wednesday, Madam President, on this issue: Is this baby, moving 90 them, and you understand their views. was an extraordinary day in the his- percent through the birth canal, except Why did they do this? Why did 73 House

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16732 CONGRESSIONAL RECORD — SENATE November 7, 1995 Democrats vote for this bill? I believe Now, I hope the people of America exactly what is being discussed here that if my pro-choice friends will keep understand the question, and I hope today. an open mind and try to listen to this they understand the answer. I ask the Mr. SMITH. It involves the pulling of debate, as I try to honestly lay that de- Senator from New Hampshire to an- the fetus feet first through the birth bate out before you today, they will swer that question. canal and suctioning out the brain so come to understand how and why that Mr. SMITH. Well, the answer to that the skull collapses and the entire fetus magnificent supermajority in the question, from the perspective of the is more easily removed. House came together to pass this bill. Senator from New Hampshire, is, I say Mr. HELMS. Now, let me clarify one Madam President, the one and only to the Senator from North Carolina, more point with the Senator, and then purpose of H.R. 1833 is to ban a single that it is the process which interrupts I will conclude this particular line of method of abortion that is first per- the life of an unborn child. questioning. formed—not last, but first—at 19 to 20 Mr. HELMS. I ask the Senator, it One person said this procedure, in ad- weeks of gestation. That is a 5-month- does not just interrupt the life, it con- dition to being gruesome and cruel, is old baby in the womb. That is the be- cludes the life, does it not? just 3 inches away from being totally ginning. It then goes beyond that. It Mr. SMITH. That is correct. unlawful. goes to the 21st, 22d, 23d, 24th, right on Mr. HELMS. Would it be fair to say Mr. SMITH. That is correct. Mr. HELMS. What does the Senator up to birth, right on up to 9 months— that an abortion is a deliberate intent think he meant by that? any particular time in this period. It is to destroy the most innocent, most Mr. SMITH. I think that my inter- often later than 19 or 20 weeks that helpless of human life? Is that reason- pretation, were it 3 inches further, if it this process can be performed. These ably correct? were 3 inches further, the head would are late-term babies, the youngest of Mr. SMITH. That is certainly my po- be delivered through the birth canal whom may have a fighting chance to sition. I think that if there were not to and it would be a living child under the live on their own outside of the womb, be any life there, there would not be any need to perform the action of abor- full protection of the law. and the older of whom unquestionably Mr. HELMS. And the law, until fairly tion because there would not be any- could live outside womb. recently, took one position with re- thing to abort. So I draw from that Those of you who are parents, or spect to the deliberate, intentional de- conclusion that it is a life and, there- have been parents, have gone through struction of innocent human life. fore, somebody had to take action to the process of feeling the heartbeat of What did the law say the penalty was terminate that life. your child—if you are a woman, inside to a doctor who did that? your womb, and if you are a man, feel- Mr. HELMS. I wonder if the Senator Mr. SMITH. Well—— ing that heartbeat inside womb of your is familiar with the quotation so often Mr. HELMS. It was murder. And why wife. attributed to the late Douglas Mac- murder? Because it was intentional? Mr. HELMS. Madam President, will Arthur. General MacArthur said: ‘‘In Mr. SMITH. If it was intentional, the distinguished Senator yield for just all of recorded history, there is no na- that is correct. a moment? tion that survived in prosperity that Mr. HELMS. I will be back with some Mr. SMITH. I am happy to yield to lost its moral and spiritual motiva- more questions but I want to com- the Senator from North Carolina. tion.’’ pliment the Senator, and I thank him Mr. HELMS. First of all, this is not a Is the Senator familiar with that for yielding. question; it is a statement of fact for statement by Douglas MacArthur? Mr. SMITH. I thank the Senator the RECORD. I admire my friend from Mr. SMITH. I have heard that state- from North Carolina for his comments New Hampshire for taking this respon- ment, yes, sir. and remarks. He has been a long-time sibility on the Senate floor. I have been Mr. HELMS. The point is—and I ask supporter of the right to life. here many times on the abortion issue the Senator further—Douglas Mac- Since the Senator from North Caro- along with others, and I am very, very Arthur was talking about a whole lina brought up the Chicago Tribune proud of BOB SMITH. I hope the people range of things, was he not? editorial, I will read a couple of other of New Hampshire understand that he Mr. SMITH. Yes. lines from it because I think it makes is making a gallant fight. Mr. HELMS. MacArthur was speak- the point very, very well. ‘‘While the Now, my question: Has the distin- ing in terms of how a nation can self- majority in the Nation may support a guished Senator from New Hampshire destruct by losing its sense of personal woman’s right to choose an abortion, seen the Chicago Tribune editorial of responsibility, its diligence, its willing- most of the people who make up that November 5? ness to work and to be constructive. I majority do not take an absolutist Mr. SMITH. I answer that yes, and I think the Senator is doing a great job view. Reasonable restrictions, such as have it right here. on this issue, and I am not going to parental notification requirements in Mr. HELMS. I wonder if he would take up much more of his time. the case of teen pregnancy, have sig- read the first paragraph for me. Again I ask the Senator to please nificant national support. Public sup- Mr. SMITH. Yes, this is the Chicago read the fourth paragraph of the Chi- port for abortion also becomes much Tribune editorial of November 5 of this cago Tribune editorial, if he will. more tenuous in the case of fetuses year, entitled ‘‘Method and Madness on Mr. SMITH. ‘‘One can support abor- that are near the point of viability out- Abortion.’’ It starts: tion rights and still be horrified at side of the womb.’’ such a procedure. The argument that In the national debate on abortion, the ac- These are not my positions, but I be- tivists on both sides invariably stake out ab- this particular method could be essen- lieve a life is a life. I also believe that solutist positions. In so doing, they often tial to save the woman’s life was un- there are many in America who do not harm their respective causes by distancing convincing.’’ go to the extreme that this particular themselves from the people who make up the Mr. HELMS. Now move back to the procedure does. vast, ambivalent middle ground of America. immediately preceding paragraph. In conclusion, the editorial writer Those who champion the pro-choice posi- Mr. SMITH. ‘‘The House, by more says, ‘‘Indeed this may cause mod- tion fell into that trap last week. than a 2–1 ratio, voted to outlaw a erates who generally support abortion Mr. HELMS. If the Senator will hesi- gruesome form of late-term abortion. rights to rethink their comfort level tate a moment, now we get to the meat It involves the pulling the fetus, feet with other forms of late-term abortion, of the coconut. When the subject of first, through the birth canal and particularly when they see in this last abortion comes up and questions are suctioning out the brains so the skull week’s debate there was a method to asked of me, I have a ready question of collapses and the entire fetus is more the madness.’’ my own to ask before we begin the dis- easily removed.’’ Madam President, a few weeks ago I cussion. I have asked it of young peo- Mr. HELMS. Will the Senator read took to the floor of the Senate and I ple, individuals who border on mili- the sentence again beginning with ‘‘It used a series of medical drawings and a tancy on the abortion issue, and many involves’’? Read it slowly so that ev- photograph of a child that was pre- others. It is a rather compelling ques- erybody watching on television or sit- maturely delivered. That is all I tion and it is this: What is an abortion? ting in this Chamber can understand showed in terms of charts or graphs.

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 7, 1995 CONGRESSIONAL RECORD — SENATE S16733 From that particular presentation and other publications as well as med- but the head, is 3 inches from the pro- that I made I was amazed at the irre- ical journals all over the country. tection of the Constitution of the sponsibility of the press in terms of Now, some have tried to say that United States, in the hands of this doc- how they reported that. Now, I assume they are inaccurate and you will prob- tor or abortionist; totally at their that the media that reported on it ei- ably hear that, but they have been pub- mercy. ther watched the tape from C–SPAN, lished in the American Medical Asso- Were it to be a doctor who was trying saw the debate from the galleries, or ciation’s own publication, which did to deliver this child, it would be a took somebody else’s word for it. not question their medical accuracy. beautiful thing. If it were a premature Unfortunately, those who took some- Moreover, medical witnesses before baby, we would rush that baby to what body else’s word for it did not get the the House Judiciary Committee hear- is called the preemie ward, hook it up truth. It was reported that I had shown ing on this bill, even those who opposed to whatever tubes and essentials were graphic photographs of aborted the bill, conceded the illustrations are necessary for life support to try to fetuses—wrong. It was reported that I accurate from a technical point of bring that child to where they can had somehow violated a woman’s right view. So remember that. come home with their mother. to privacy by showing photographs of a Now, in this first chart, with the aid But that is not the case here. That is woman with a child in the birth of ultrasound, the abortion doctor or not the case here. You see there is a canal—wrong. Also photographs of an the abortionist, the aid of ultrasound, different objective. The next part is the aborted child. It went on and on and on finds out what the position of the baby worst part. It is very difficult for me, to the point of the ridiculous. is. Then using forceps—remember now, frankly, to talk about it. That I have Today I am going to try again to see these children, these babies, this is 20- to stand here on the floor of the Senate if the press can get it right. I hope they week minimum, 19 to 20 week, 5-month and talk about it is necessary because can. fetus and beyond; it could be 6 months, by standing here on the floor of the These are medical drawings, medical 7 months, 8 months; that is the begin- Senate and talking about it, I might drawings accepted by the American ning—reaches into the womb with the save one or more of these children from Medical Association. They are not pho- forceps, takes the child by the foot, as this horrible procedure. Let us look at tographs of women. They are medical you can see in this picture here and what happens, my fellow Americans. drawings. They are straightforward de- pulls the leg around. Let us look at what happens. pictions of the procedure as described Why do they do that? To turn the In the hands of the abortionist, the in an 8-page paper written in 1992 by baby around so that the baby is deliv- feet, the legs, the torso, the arms right Dr. Martin Haskell who has performed ered by the feet first. Why? Because if to the neck—in the hands of the abor- over 1,000 of these abortions. In a tape the child comes through the birth tionist—moving feet, moving hands, recorded interview with the American canal feet first, the child is not breath- beating heart—you can feel it. The Medical News on July 5, 1993, Haskell ing. If it is head first, that is a birth— abortionist takes a pair of scissors, no himself said ‘‘The drawings were accu- a live birth, my colleagues, and we anesthetic—takes a pair of scissors, in- serts the scissors into the back of the rate from a technical point of view.’’ have a living baby under the protection During a June 15, 1995, public hearing of the law. skull, pulls the scissors apart, opens up before the House Judiciary Constitu- So we have to turn it around and do a hole in the back of the skull, inserts tion subcommittee, Prof. J. Courtland it feet first. That is what the abor- a catheter and sucks out the brains of Robinson, M.D., testifying on behalf of tionist does. Put the forceps on the the child so that the skull compresses and then he removes this dangling life- the National Abortion Federation, was tiny leg of this little child, turn it less form from the womb. Think about questioned by Congressman KENNEDY around in the womb so that it can be delivered feet first. it. about the same line drawings displayed Yes, I have to stand here and defend In the third chart, Madam President, in poster size next to the witness table. this life, and I am proud to do it. I am we see that the abortionist here is pull- Dr. Robinson agreed they were techno- proud to do it, because this child can- ing the child all the way out of the logically accurate, and also added not do it. We can get off into the ge- womb and into the birth canal with the ‘‘This is exactly probably what is oc- neric concept of abortion and talk exception of the child’s head. That is curring at the hands of the two physi- about the generalities of abortion, a what is happening in this particular cians involved,’’ just as we see this. woman’s right to choose and all that. chart. Also Prof. Watson Bowes of the Uni- That is not the issue here, folks. That Now, I want to pause for a moment. versity of North Carolina at Chapel is not the issue here. This is not the I hope that everyone will think very Hill, who is an internationally recog- way to do it—a lifeless form. nized authority on fetal and maternal seriously. I want everyone to think I had occasion, a couple of occasions, medicine, coeditor of the obstetrical very seriously about what is happening frankly—many of you have—to take a and gynecological survey wrote a letter here. pet that was old—it was very difficult. to Senator KENNEDY: ‘‘Having read Dr. I have witnessed the birth of my I had a dog one time, most recently, Haskell’s paper, I can assure you these three children. It was the most beau- that I had to do this to, named Muffin; drawings accurately represent the pro- tiful thing I have ever witnessed in my 12 years old. You know how close you cedure described therein.’’ life, and I am proud to say I was there. get to pets. They are like—only they I hope the media this time would get I am glad I was and I will never forget are not—children. But they are like it right so I do not have to read edi- it; three children born into the world. children. I took that dog, who was so torials about me showing photographs It happens every day. Many will be old that she could not get around any- of aborted fetuses and photographs of born while I am speaking. Many will be more, to the vet and I said, ‘‘I have to women in the birth position and all aborted while I am speaking. do this. I don’t know if I can handle this other nonsense that people have But here we have the hand of what it.’’ been reporting. Get it right this time, could be a doctor but it is not a doctor. He said, ‘‘You know, you ought to please, those of you in the media. It is a doctor, but his goal or her goal come in and watch me do it rather I will show my colleague with these is not to save a life; it is to take one. than leave her here, because you will charts what is done to these late-term Picture, if you can, those of you who feel better when you see it because it is babies in the partial birth abortion have witnessed a birth or can imagine peaceful. It is not painful. We give this procedure, because you need to know. what it might be like, these hands tak- dog a needle and she goes to sleep. No You are going to be voting on whether ing this child—little feet, little legs, pain.’’ or not to stop this practice, so there- little torso, little behind—the arms, So I did. I am glad I did, really, be- fore you should know what you are vot- the fingers moving as they do move. cause I feel better about it. ing on. Oh, yes, there are fingers and toes at 5 Can you imagine—could you possibly Many, if not most of you, have al- months and beyond. You bet. And there imagine the pain of this child, without ready seen the illustrations. They have is a heartbeat. It is a living, breathing any anesthetic, having scissors put in appeared in advertisements in Roll child. That little body 90 percent the back of its neck and having its Call, Congressional Quarterly, the Hill, through the birth canal, everything brains sucked out? Can you imagine

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16734 CONGRESSIONAL RECORD — SENATE November 7, 1995 the pain? This is the United States of But, when I look at that fourth pic- the most innocent and defenseless lit- America. Why are we doing this to our ture—I am 54 years old. Maybe I do not tle person, little patient, that he could children? Could somebody please tell look it but I am. I have seen a lot of possibly have. Here in America—700, me why we are doing this? Why are we rough things. I served in the Vietnam 400, 500 times a year. Who knows? It doing this? Give me a reason. I cannot war. I have seen people die. I have seen happens. wait until I hear the other side. For people in agony, in near-death situa- Mr. President, we know all about the what? Why are we doing this? tions, with horrible diseases. I have partial-birth abortion procedure in all At the beginning of this process we seen quite a lot. of its sickening and grotesque detail had an unborn child, an unborn child But I cannot imagine a country as because two doctors who have per- safe in her mother’s womb. And yes, it great as this one is where a people formed it hundreds of times, Dr. Mar- could be a her, I say to my colleagues, would sanction—I do not care what you tin Haskell and Dr. James McMahon, pro-choice women of the Senate, it call yourselves, pro-choice or pro-life. I have spoken and written frankly about could be a her. We tend to use the word do not care. How could you sanction it in the past several months. But the ‘‘him’’ but it could be her. We had an this? How could you sanction that? Did most moving testimony of all comes unborn child safe in her mother’s those of us who are veterans fight to from a registered nurse, a beautiful womb. defend that? I did not. lady. Her name is Brenda Pratt Shafer. Mrs. BOXER. Will the Senator yield? Mr. President, if this baby, if the This is her picture. She is here today I just want to ask a parliamentary head of this little baby, comes through for this debate, and I had the privilege question. the uterus, the child would slide right of meeting her just an hour or so ago. Mr. SMITH. I am not going to yield. out of the mother’s body and straight She assisted Dr. Haskell in performing Mrs. BOXER. I would inquire if the into the protection of law, just so a partial-birth abortion. She was a Senator is going to finish his state- easy—not so easy for the woman. But nurse, pro-choice, and assisted Haskell ment or answer in debate? that little child comes out and is born in performing a partial-birth abortion. Mr. SMITH. I am not going to yield. kicking, hands and fingers and feet Brenda Shafer described what she I want to finish my remarks. moving—you can picture that little saw in a letter to her Congressman, Mrs. BOXER. If he will answer, could baby—straight into the protection of Representative TONY HALL, Democrat the Senator give me a sense of how law. of Ohio. This is what she said. I hope long that will be? I need to know so I But, you know, that is a problem in the cameras can pick this up. Listen. can plan my response. this procedure for the abortionist. Do These are not my words. These are the Mr. SMITH. I do not know. I honestly you know what they call it when the words of a nurse who took basically the do not know. baby manages to come out? The dread- same pledge to save lives as doctors to. Mrs. BOXER. Could be an hour? ed complication. That is what they call But this is what she said: Mr. SMITH. I do not know. it. That is the term that the abortion- Mrs. BOXER. The Senator can expect ists use, the ‘‘dreaded complication.’’ The doctor kept the baby’s head just inside me to take an equal time. the uterus. The baby’s little fingers were That is a live birth, a live birth—the clasping and unclasping, and his feet were Mr. SMITH. We had an unborn child dreaded complication. That is the last kicking. Then the doctor stuck the scissors safe in the womb of her mother, in that thing an abortionist wants. So what do through the back of his head, and the baby’s little protected area. A watery mass, if they have to do? They stop the child’s arms jerked out in a flinch, a startle reac- you will—safe. Safe. head from coming through the birth tion, like a baby does when he thinks that he You know, late-term babies have canal. They have to. Otherwise it is a might fall. sleep cycles and wake cycles. They live birth and then they have a prob- If you can think of your child in that hear their parents. They hear their lem—the dreaded complication. situation. mother. You can feel them kick when I just want to remind my colleagues That is what she described the proce- they are excited, when they are awake. that when this procedure is taking dure as. She further states that: Any expectant mother knows that. place with the scissors and with the They are moving. They are kicking. catheter, this child is alive. This is a I am a registered nurse with 13 years of ex- perience. But one day in September 1993 my They are happy. They suck their child that moments before was happily nursing agency assigned me to work at a thumb. Their little hearts are beating. kicking, moving its fingers and hands, Dayton, Ohio, abortion clinic, and I had Their little brains are working. It is a listening to the sounds in the womb. often expressed strong pro-choice views to living thing. In the final illustration, Mr. Presi- my two teenage daughters. So I thought this Many experts will testify that new- dent, the scissors are then removed assignment would be no problem for me. born babies hear their mother’s voice. from the baby’s head, and the abor- But I was wrong. I stood at a doctor’s side Not only do they hear it, they recog- tionist inserts the suction catheter, as he performed the partial-birth abortion nize it. It soothes them. It calms them completing the partial-birth abortion procedure—and what I saw is branded forever down. procedure—sucks the child’s brains in my mind. The mother was 6 months preg- Suddenly, however, Madam Presi- nant. The baby’s heartbeat was clearly visi- out, the skull compresses, collapses, ble on the ultrasound screen. The doctor dent—suddenly the baby’s safe, warm, and the baby’s small lifeless body is went in with the forceps and grabbed the watery world is invaded by the forceps then removed from the birth canal, and baby’s legs and pulled them down into the of an abortionist. it is over. The work is done. Is it not birth canal. Then he delivered the baby’s The journey from the womb through interesting—the contrast? Is it not in- body and the arms—everything but the head. the birth canal to birth, the miracu- teresting? The doctor kept the baby’s head just inside lous journey, the so beautiful journey What could have been, but for some- the uterus. which so many of us have witnessed— body’s decision? God knows it was not The baby’s little fingers were clasping and especially women who give birth to the baby’s decision. It could have been unclasping. And his feet were kicking. Then those children, and those of us hus- a beautiful birth. We could have had the doctor stuck the scissors through the back of his head, and the baby’s arms jerked bands who have been lucky enough to nurses scrambling running to get the out in a flinch, a startle reaction, like a baby witness it—this miraculous journey baby into the incubator, into the does when he thinks he might fall. that every one of us, every single one preemie ward. No. That was not to be. The doctor opened up the scissors, stuck a of us, we have all taken this journey on What we have seen that could have high-powered suction tube into the opening our birthday. been a beautiful birth is now an un- and sucked the baby’s brains out. Now the (Mr. COATS assumed the chair.) speakable, brutal, ugly death, more baby was completely limp. I never went back Mr. SMITH. The Senator from Indi- brutal and more ugly than the way you to that clinic. But I am still haunted by the ana, in the chair, took that journey. would put any pet. Even livestock face of that little boy—it was the most per- The Senator from California took that today that we eat are killed more hu- fect, angelic face I have ever seen. journey. We all took that journey down manely than that. America, Mr. President, America this that birth canal. And in most cases we A doctor who took the Hippocratic is happening in—6 month child. needed a little help, we needed a little oath to do no harm—to do no harm— God bless Brenda Pratt Shafer for help. has done the worst possible harm to having the courage to come forward

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 7, 1995 CONGRESSIONAL RECORD — SENATE S16735 with her testimony and her story be- President Clinton, I hope that you 700? How many doctors, lawyers, Nobel cause, without people like her, we will pick up that pen and put your sig- Peace Prize winners, teachers? How would not know it happened. nature on that bill to stop it. many? I do not know. We will never I have been in the Congress for 11 It is very interesting; President Clin- know. We will never know. The first years, Mr. President, and until just a ton was at one time an unborn child, black President, is he or she in there? few months ago—I must confess my ig- like the rest of us, and his mother was We will never know. First Hispanic norance—I did not know that this pro- in a very difficult situation, and his President? We will never know. First cedure was performed in America. mother chose life. It is very inter- woman President? We will never know. A registered nurse, very moving tes- esting. Cure for cancer? It may be 1 of those timony, self-described pro-choice, who I just say to my colleagues, this is 700. We will never know. They will witnessed this procedure at the hands the greatest country in the world, never have had a chance to be that lit- of Dr. Haskell. Thankfully, Nurse founded with a Declaration of Inde- tle human being, to develop from that Shafer did tell Congressman HALL what pendence that speaks of a God-given little human being to the ultimate that she saw. and ‘‘unalienable’’ right to life, liberty, they are allowed under the Constitu- I might just say to my colleagues, and the pursuit of happiness. What tion of the United States. We will Nurse Shafer is here today. If you happened to the right to life of this never know that that little life could would like to talk with her, she is off child? What happened to it? Why can- have been a life like this. We all grow the floor. You can talk with her. I not she be given the opportunity to up to be our own personal beings. We think my colleagues now may have enjoy the blessings of liberty? Why are all different—a lot of life but very some understanding as to why the cannot she be given the chance to different little personalities. We will House voted to ban this barbaric, bru- laugh, to cry, to get married, to have never know. We will never know. tal, gruesome, inhumane procedure. children, to go to college, to be in a They are gone. Gone. Not by acci- By the 19th or 20th week of gestation, high school play? Why? Why does she dent, not in an automobile accident, the point at which this unspeakably not have that right? not in war. No. Stabbed in the back of The tragedy of accidents in life are brutal method of abortion is used, the the neck with a pair of scissors with bad enough. You lose a child to an acci- child is clearly capable of feeling what their brains sucked out by a catheter. dent because of alcohol; some alcoholic There was another abortionist by the is happening to her. This is a living runs over a child. Those kinds of things name of James McMahon who died a human being, one who, as I said before, happen every day in America, and they few days ago. He made late-term abor- if it had been born alive, would be are terrible. But this is a deliberate act tions his specialty. He was profiled in a called a preemie. If you read the com- that stops this child from ever having 1990 article in the Los Angeles Times. mentary from neurologists, they would the opportunity to do these things. In that article, McMahon coldly tell you that premature babies born at This is the land of the free and the claimed credit for having developed the this stage of pregnancy actually may home of the brave. If freedom has come partial-birth method, and this is very be more sensitive to pain stimulation to this, if freedom has come to mean- interesting. He did not call it partial- than others. ing the freedom of abortionists to exe- birth abortion. He called it ‘‘intra- Earlier this year, I attended a press cute children—because that is exactly uterine cranial decompression.’’ In conference at which a neurologist what they are doing. Let us call it ex- English, that means crushing the skull spoke to that effect. He later so testi- actly what it is. That is exactly what while it is inside of the womb. That is fied before the House Judiciary Com- they are doing in this case. They are a nice clinical description, is it not? mittee’s hearings on this bill. He does executing little children just as they But you see, we have to use terms like surgery on babies all the time, and he emerge in the birth canal, inches away that because we cannot talk about indicated there is really no doubt—no from birth. If that is what freedom this, because this is so obnoxious and doubt, he said—that the unborn child means, then we ought to be brave so sickening and so disgusting and so who is attacked and killed in the par- enough to do what the House of Rep- outrageous that we have to talk about tial-birth procedure suffers not just resentatives did last Wednesday and something else. So we use terms like pain but horrible, intense, excruciating pass this bill and stop this horrible, ‘‘intrauterine cranial decompression.’’ pain. horrible procedure. I like plain English. Killing a child in I would ask you, all of us, as human Defenders of this partial-birth abor- the womb that is 90 percent born, that beings, a few seconds, a few inches, and tion, whom you will hear from shortly, is what it is. you are a living being, human being have a big job to do. They really do. It Dr. McMahon continued, saying ‘‘I protected not only from pain but pro- is almost an impossible job in trying to want to deal with the head last because tected by the Constitution of the rationalize how you can be in favor of that’s the biggest problem.’’ United States, and yet for a few inches, this process, because you will hear it That is what he said. Those are the a few moments, you are the victim of all: We are getting in the way between feelings he had. When I read that, I the abortionist procedure, how could a woman and a doctor. They will do ev- thought to myself, ‘‘That little baby in you not be appalled at this procedure? erything they can to talk about some- the womb who happens to have Dr. How could you possibly justify this thing else other than this. They are not McMahon, if it had been Dr. FRIST or procedure? going to talk about this because they Dr. anybody else, they would have been As I said, I did not even know this cannot talk about it. So they have to allowed to be born, they would have took place 6 months ago, but I know it go use some other issue. They try to been allowed to grow, to become a now. And if it takes the last breath in get you on to something else. As you President, to become a lawyer, to be- my body, I am going to stop it. I am listen to the debate, they will be off on come a father, a mother, but through going to stop it. something else because they cannot be no choice of their own, it was Dr. Do you know why I am going to stop on this. McMahon who was there, not with it, Mr. President? Because I believe in One of the ways is to say partial- gentle loving caring hands but with the my heart that the American people birth abortions are rare; they are ob- hands of destruction,’’ this physician will no longer tolerate this. I believe in scure; they are almost never used. who took the Hippocratic oath to do no my heart that people of good faith who Well, Dr. Martin Haskell, the abor- harm. differ on this issue, who listen to this tionist whose brutal handiwork Nurse Sadly and perversely, he came to see debate, listen to this procedure, are Shafer witnessed, had claimed person- it as his role as a doctor to deal with going to make a decision. They are ally that he did 700 of them as of 1993. the problem of the head of a little baby going to take the heat from the mili- So I do not know what ‘‘rare’’ means— in the manner that I described here tant pro-choice people, and they are 700 babies by one doctor. today—a problem. According to the going to vote with us. We are going to As I look at that depiction of that American Medical News, Dr. McMahon stop this horrible procedure, as the little baby in the womb, hanging there performed abortions through all 40 House did. We are going to put it on limp, you know what I say to myself? weeks of pregnancy. Think about that. the President’s desk. How many U.S. Senators are in that It made no difference to him—81⁄2

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16736 CONGRESSIONAL RECORD — SENATE November 7, 1995 months, 9 months, a couple days over- tion in which the person performing the partially delivering it, intact, before killing due, call Dr. McMahon, he will take abortion partially vaginally delivers a living it. care of it. He said he would only do fetus before killing the fetus and completing Several said they saw the bill as an open- the delivery.’’ ing wedge to outlawing all second-trimester elective abortions through the first 26 That language is so broad—and the term abortions—and conceded that anti-abortion weeks. How thoughtful of him. ‘‘partial-birth abortion’’ so unfamiliar in the groups had won an important public-rela- Mr. President, you see, when you medical community—that many doctors who tions victory by focusing so much attention hear this discussion, and my col- perform only earlier abortions, by the most on late-term abortions, which are the least leagues, about how rare this is, it is common methods, say they have done proce- common but most emotionally fraught pro- not rare. It is not rare. It is rare if you dures that would probably be prosecutable cedures. want to compare it to the number of under the law. According to the Alan Guttmacher Insti- tute, a private group that studies reproduc- births in America. A few hundred ‘‘I’m sure I’ve had a situation, with a 14- or 16-week pregnancy, when the fetus presented tive health issues, almost nine out of 10 versus several million who are born in feet first, where I did something that a Fed- abortions are performed in the first tri- America. That I suppose you could call eral prosecutor might take to court under mester, when the procedure is relatively rare, but it is not rare to the 700 or so this language,’’ said Dr. Lewis Koplik, who simple. About 164,000 abortions a year are babies who have had that procedure, is performs abortions up to 20 weeks in Albu- performed during the second trimester, that it? querque, N.M., and El Paso. ‘‘The decision is, at 13 to 26 weeks of gestation, but more After last week’s House vote, an arti- about what method to use is made in an indi- than 9 out of 10 of these are before the 20th vidual setting based on an individual wom- week. cle in the New York Times, relying on Although second-trimester abortions are data from the pro-choice National an’s situation. It’s not one-size-fits-all, and it shouldn’t be. I don’t want to make medical legal throughout the nation for any reason, Abortion Federation, among others, es- decisions based on Congressional language. I few doctors perform abortions after 20 weeks, timated that the partial-birth abortion don’t want to be that vulnerable. And it’s and while third-trimester abortions are legal procedure is performed more than 400 not what I want for my patients.’’ in some states only a few hundred take place times a year. In other words, on the av- Those who drafted the legislation said they each year. Third-trimester abortions are per- erage, more than once a day, and that did not believe it would interfere with sec- formed almost exclusively by a handful of ond-trimester abortions performed by the doctors who get referrals from obstetricians is a conservative number. Those are whose patients have serious health problems the ones we know about. That is 400, standard method of dilation and evacuation, or D&E. or are carrying fetuses with profound abnor- more than 1 a day. I do not think that ‘‘An element of the crime is that the pros- malities. is rare. That is 400 babies. It is cer- ecution has to prove beyond a reasonable Dr. Allan Rosenfield, dean of the Columbia University School of Public Health and a tainly not insignificant. doubt that the baby was living,’’ said an as- professor of obstetrics, said that he and a Yesterday, the New York Times ran sistant counsel to the Constitution sub- group of other doctors discussing the legisla- committee of the House Judiciary Com- another article that indicates that the tion had been unable to agree on what the mittee, Keri Harrison, who helped draft the number of partial-birth abortions per- law would cover—but did agree that it posed bill. ‘‘In a D&E, there’s not a living fetus formed each year may, in fact, be much a threat to anyone who did second-trimester being delivered. They’re in there suctioning higher. The New York Times quotes a abortions. and cutting, and what they deliver is body physician who it identifies as a gyne- ‘‘In a standard D&E, the fetus generally parts. This would not cover that.’’ doesn’t come out intact,’’ Dr. Rosenfield cologist at a New York teaching hos- Ms. Harrison said that in drafting the leg- pital who spoke on the condition of an- said. ‘‘But you might very well bring down a islation, she and others had rejected speci- leg at the start of the procedure, and if the onymity. fying the gestational age or abortion tech- definition is a beating heart, potentially any Mr. President, I ask unanimous con- nique it would cover. ‘‘This isn’t about a via- second-trimester abortion could fit this bill. sent to have printed in the RECORD this ble baby or a nonviable one,’’ she said. ‘‘And My big worry is that if this becomes law, article from the New York Times. we did not want anything about inserting doctors will feel they have to go back to the There being no objection, the article scissors into the base of the skull, because less-safe second-trimester abortion methods we didn’t want them to come up with a was ordered to be printed in the we did until the 1980’s, the installation pro- slightly different technique and avoid the cedures, in which the uterus is flooded with RECORD, as follows: statute. What we want to make a crime is saline or urea.’’ [From the New York Times, Nov. 6, 1995] the abortionist starting to deliver a baby Many of the doctors interviewed expressed WIDER IMPACT IS FORESEEN FOR BILL TO BAN and then killing it.’’ concern that the legislation would shrink TYPE OF ABORTION About 13,000 of the nation’s 1.5 million the pool of doctors willing to perform late- abortions a year are performed after 20 (By Tamar Lewin) term abortions, especially since many of weeks’ gestation. And only two doctors, who these doctors already face demonstrations Public health officials and doctors who perform a total of about 450 of these abor- and threats, and may not be willing to take perform abortions say the bill passed by the tions a year, have said publicly that this on an additional worry about criminal pros- House of Representatives last week that method is the safest and best. So most dis- ecution. would ban a type of later-term abortion is so cussion of the proposed ban has been based ‘‘It really is such nonspecific and bizarre broadly written and ill defined that it could on the assumption that the method is rarely legislation that it’s hard to tell what exactly affect many more doctors than originally used, and only by a small number of doctors. they’re trying to ban,’’ and Dr. Mary Camp- thought. But the National Abortion Federation, bell, medical director of Planned Parenthood Indeed, they say, it could criminalize al- which represents several hundred abortion of Metro Washington. ‘‘Clearly they’re anx- most any doctor who performs abortions in providers, says that more doctors have re- ious to prosecute anybody who’s doing the second trimester, or after 12 weeks of cently reported that they sometimes use the second- or third-trimester abortions. I know gestation, and might force doctors to turn to method, which they call ‘‘intact D&E.’’ And people who have said that this would be the less-safe methods to avoid the possibility of since the House vote, some gynecologists at end of their third-trimester practice, and prosecution. Some also say that it would prominent hospitals have acknowledged that probably their second.’’ shrink the pool of doctors who perform sec- they often use the method in late-term abor- Mr. SMITH. Mr. President, here is ond-trimester abortions. tions. what this doctor said on the condition The sponsors of the bill, and the anti-abor- ‘‘Of course I use it, and I’ve taught it for tion groups they worked with, said their goal the last 10 years,’’ said a gynecologist at a of anonymity: ‘‘Of course I use it’’— was to ban what they call ‘‘partial-birth New York teaching hospital, who spoke on partial-birth abortion procedure—‘‘and abortions,’’ in which a fetus at 20 weeks of the condition of anonymity. ‘‘So do doctors I’ve taught it for the last 10 years.’’ gestation or more is partly delivered, feet in other cities. At around 20 weeks, the fetus ‘‘I’ve taught it,’’ said a gynecologist at a first, and then to make it easier for the fetus is usually in a breech position. If you don’t New York teaching hospital who spoke on to pass through the birth canal, the skull is have to insert sharp instruments blindly into the condition of anonymity. collapsed. the uterus, that’s better and safer. ‘‘So do doctors in other cities. At around 20 But the House bill approved on Wednesday, ‘‘Even in earlier abortions,’’ the doctor weeks, the fetus is usually in a breech posi- the Partial-Birth Abortion Ban Act, provides continued, ‘‘it can happen that after you pre- tion. If you don’t have to insert sharp instru- a far looser definition, with no reference to pare the patient by dilating the cervix, the ments blindly into the uterus, that’s better fetal age or to the specifics of inserting scis- feet move down, and the procedure might be and safer. sors into the neck to create a hole through covered by this law.’’ ‘‘Even in earlier abortions,’’ the doctor which the brains can be suctioned out to col- ‘‘This legislation would be a disaster for continued, ‘‘it can happen that after you pre- lapse the skull. women’s health,’’ the doctor said. pare the patient by dilating the cervix, the The legislation, which will be considered in Most of the doctors interviewed said they feet move down, and the procedure might be the Senate this week, says only that ‘‘the saw no moral difference between dis- covered by this law. This legislation would term ‘partial-birth abortion’ means an abor- membering the fetus within the uterus or be a disaster for women’s health. . . .’’

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 7, 1995 CONGRESSIONAL RECORD — SENATE S16737 Not a word about the baby. And by interferes with the doctor and his pa- of this debate, this was sent out to the way, we cannot find much evidence tient and this is a medical process. their members: of any concern at all about women’s They will tell you it is not even nec- Don’t apologize. There are many reasons health in this particular issue. essary. why women have late abortions . . . lack of It is clear that the doctors that we Mr. President, the opponents of this money or health insurance, social [or] psy- referred to, McMahon and Haskell, re- legislation try to rationalize their op- chological crisis, lack of knowledge of spectively, are not the only abortion- position by claiming that the gro- human reproduction . . .’’ ists who employ the partial-birth abor- tesque and inhumane partial-birth That does not sound like dire emer- tion procedure. You see, we do not abortion procedure is only used in the gency to me, Mr. President. Maybe I know. People are not going to come most extreme circumstances. This is am missing something. What is the out and admit this. So we do not know where we get right down to the nitty- emergency about that? I told you what how prevalent it really is. In fact, gritty and hear a lot about this, such a partial-birth abortion is. I have read given that Times story yesterday, we as when the mother’s life is in danger you Nurse Shafer’s haunting eye- may be sitting on the tip of an iceberg or her health is at serious risk or when witness account. I have told you what we do not even know about. the unborn child has what they call the abortionists who have done partial- Besides trying to rationalize the op- ‘‘severe congenital abnormalities in- birth abortions have said about them. I position to this bill by claiming that compatible with life.’’ I do not know have given you all that. partial-birth abortions are rare and in- what that means. We will talk about Let me tell you what H.R. 1833—the significant, although I find it difficult that in a few minutes. bill in question—actually does because to understand how insignificant that Once again, the facts belie their you are going to hear that distorted, would be for the child, you are also claims. McMahon and Haskell, doc- too. They are going to have all kinds of going to hear on the floor of this Sen- tors—I hesitate to use that term—are lines on what this bill does and does ate opponents that are going to try to the only two abortionists with the bra- not do. What it does do: The barbaric rationalize their position by saying zen temerity to go public. They went and brutal partial-birth abortion proce- that the bill interferes with the doc- public because they were proud of it. dure that I have described and illus- tor’s professional discretion and in- That is why they went public. They trated on the floor of the Senate today vades the doctor-patient relationship. had no problem with it. They were not can, should, must and will be outlawed. You are going to hear that because, trying to hide it. They went public It will be because I am not going to again, we have to talk about things about their use of this procedure and to leave this Senate until it is outlawed. like that because we cannot talk about identify themselves personally with it. If we lose the vote today, it is going to this. That is why I am talking about it. They advocate this partial-birth abor- come back. I am going to bring it back Mr. President, the American Medical tion method as the ‘‘preferred method until we win it. Association’s council on legislation did for elected late-term abortions.’’ Simply stated, H.R. 1833 does that. It not see it that way. They voted not Haskell advocates the partial-birth outlaws that procedure. If you did not once but twice to endorse this bill, to abortion method for 20 to 26 weeks of like what you saw on those charts, that stop this practice. Twelve doctors on pregnancy and Haskell told the Amer- is your vote. There is nothing else. Do that board, practicing physicians, AMA ican Medical News that most of the not be swayed by the other arguments members all, leaders of their profession partial-birth abortions he performs are, because they are not relevant. If you voted unanimously to endorse H.R. in fact, elective. Speaking with what I think what we saw in the charts is ap- 1833—unanimously. would call chilling candor, Haskell told propriate, then you should vote against A member of the AMA council later the AMA News, ‘‘I’ll be quite frank, me and this bill. If you think that publicly commented that the partial- most of my abortions are elective in process is OK, vote against me. I would birth abortion procedure used by Drs. that 20- to 24-week range and probably not want you to vote otherwise. If you Haskell and McMahon is simply not 20 percent are for genetic reasons and agree with me that this is wrong, then even recognized as a medical proce- the other 80 percent are purely elec- vote with me for H.R. 1833. dure. Think about that, it is not recog- tive.’’ It amends title VIII of the United nized as a medical procedure. They got For genetic, 20 percent and the other States Code and provides that ‘‘who- it right. You know why? Do you know 80 percent are purely elective. ever, in or affecting interstate or for- why it is right? Because medicine is So there you have it, I say to my col- eign commerce, knowingly performs a supposed to heal people, that is why leagues. You will hear it all. You will partial-birth abortion and thereby kills they got it right. Thank God they had hear some of our colleagues claim this a human fetus shall be fined under this the courage to vote the way they did. hideous and cruel procedure is only re- title or imprisoned not more than 2 Even though they could not get the served for the hard cases, the tough years, or both.’’ The abortionist, not rest of the AMA to do it, the council cases. the woman. The abortionist is fined. did. They got it right. A doctor is sup- Now we know the truth. Now we That is the punishment for killing the posed to heal. A doctor who does a par- know that is not true. So when you child in this manner. tial-birth abortion is not practicing hear it, I just gave you the facts. You You will probably hear that the medicine. Can any reasonable person have it straight from the horses woman is going to be punished. Not take the floor of the Senate and tell me mouth, from the people who do it. We true. Read the law. this doctor who does this is practicing heard from Martin Haskell—the proud H.R. 1833 defines a ‘‘partial-birth medicine, healing? He is playing execu- practitioner of partial-birth abortions, abortion’’ as ‘‘an abortion in which the tioner, that is what he is doing. the one Nurse Shafer witnessed in his person performing the abortion par- I ask my colleagues to keep the AMA grisly work—who told the American tially vaginally delivers a living fetus legislative council’s action in mind as Medical Association’s own newspaper before killing the fetus and completing the opponents of this bill try to argue, that 80 percent of the partial-birth the delivery.’’ and they will, that this bill interferes abortions that he performs are ‘‘purely That is what they do. Can anybody with the practice of medicine. You are elective.’’ He does them. It would be in- who sat here and listened to this de- going to hear it. The American Medical teresting to see where the other facts bate honestly tell me that inserting Association council on legislation care- come from when we hear the other side scissors in the back of the head and fully and thoughtfully considered it of the argument. sucking the brains out of a living, and they said it does not. They endorse The National Abortion Federation— breathing child is not killing it? Beats this bill, because they recognize that the official national organization of me. But you will probably hear that it partial-birth abortions simply do not the Nation’s abortion industry—has is not. constitute the practice of medicine. It publicly acknowledged that partial- H.R. 1833 would ban not only the is not a medical procedure that they do birth abortions are routinely done for brain suction, partial-birth abortion not agree with, they do not even think purely elective reasons. Here is what that I have described, but any other it is medicine at all. And yet you are they say. They told their members this abortion that involves the partial de- going to hear all about it, how this in this memorandum. In anticipation livery of the child into the birth canal

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16738 CONGRESSIONAL RECORD — SENATE November 7, 1995 before he or she is killed. So the abor- who reasonably believes that the moth- servatives, Democrats, Republicans, tionist who commits this horrible act er’s life is in danger and that no other pro-choice, pro-life—many voted for will not be able to escape culpability procedure could have saved her life can this bill. SUSAN MOLINARI to PATRICK under the law by pulling the baby into be successfully prosecuted under this KENNEDY to DICK ARMEY and NEWT the birth canal and stabbing her bill. The word ‘‘reasonably’’ provides GINGRICH. through the heart rather than sucking protection against an abortionists like We can do the same here in the Sen- her brains out through a hole. There Dr. Haskell or Dr. McMahon, who may ate, Mr. President. We can look at this are any number of ways. Would that be otherwise try to abuse the life of the for the brutal act that it is and end it— any more barbaric? They could have mother exception by claiming that never mind getting off into the generic stabbed her in the heart with the scis- every partial-birth abortion they do in- discussion of abortion. sors. volves a threat to the life of the moth- Look at the facts—a baby about to Let me say it again. H.R. 1833 author- er. We are not going to let them get enter from the birth canal into the izes the prosecution only of the abor- away with that. world, denied that opportunity. Put tionist. When you hear otherwise, not Doctors have a way of projecting aside the other differences; put aside true. Not the mother of the child upon themselves as absolute. The doctor where a life begins. I happen to believe whom the partial-birth abortion is per- says it, so it must be true. The doctor it begins at conception. Others of my formed. That woman is the innocent says you have to have an abortion this colleagues do not agree with me. That victim because she was advised to do way; it must be true. No. Doctors are is not the issue today. Or whether something that was barbaric or to human like everybody else. They are there are fetal brain waves at such- agree to do something that was bar- not God, and they are wrong some- and-such a month. That is not the issue baric. This bill is aimed at the abor- times. They are wrong when they say today. tionists; it is aimed at the brutality of this is necessary procedure to save the Some say abortion should be legal for this act; it is aimed at the gross viola- life of the mother in all cases. A doctor sex selection. That is not the issue tion of just basic human rights that against whom charges were brought today. They may think a couple who are protected under the Constitution of under the new law would be required to have a girl unborn child and prefer a the United States of America, for ev- demonstrate that his judgments were boy can go ahead and abort the girl. erybody, including a baby who comes ‘‘reasonable.’’ He can have other med- That is not the issue today. out of that birth canal. ical doctors who are in the area, who The partial birth ban will protect girl Finally, Mr. President, even though are there, who can testify to that ef- and boy babies alike. That is the issue you are going to hear otherwise, H.R. fect, that it was an emergency that had today. We can all agree that a 19- or 20- 1833 provides a life of the mother ex- to be done. week fetus in gestation at the onset of ception. Absolutely, it provides a life A doctor who abused the life of the viability outside the womb is a human of the mother exception. mother exception in this bill obviously being. I would be interested to hear Frankly, my jaw has dropped every could not meet that burden. By the why it is not. I would like to know time I heard one of the opponents of same token, a doctor acting in good what it is if it is not a human being. this bill try to say with a straight face faith to save the life of the mother ob- We should put aside the other dif- that there is no life of the mother ex- viously could and would meet that bur- ferences. I had debates here with the ception in this bill. They are going to den. Senator from California and others on say there is no life of the mother ex- To those who try to argue that this the abortion issue. That is not the ception, and they will say it with a specific, carefully drafted life of the issue here today. The issue is this proc- straight face, and they will give you all mother exception—in the form of an af- ess. The bill is about abortion in the kinds of documentary evidence. There firmative defense—somehow does not late second and into the third tri- has always been such an exception adequately protect doctors who act to mester of pregnancy—a brutal, horrible since the day the bill was first intro- save the life of the mother, I say that way. duced. I introduced it on this side. I the American Medical Association’s Poll after poll consistently shows know what it says, and it is in there. Council on Legislation formally voted that the divisions among Americans The life of the mother exception is in on whether to endorse this bill twice. over a abortion narrow and narrow as the form of what we would call an ‘‘af- They endorsed it, flat out, with the af- the pregnancy progresses into the sec- firmative defense.’’ You will find it in firmative defense as it is written in the ond and third trimester. Even the most section ‘‘e’’ of H.R. 1833. Look at it. bill before us, H.R. 1833. They did not pro-choice Americans become pro-life You will see it. So when you are told it qualify their endorsement by saying at some point in the process. That is is not in there, read it, and it is there. that the life of the mother provision not the issue today. Look it up. The next time somebody should be changed or modified. They This bill is about basic human rights, says it is not there, read it. It is right endorsed it. The life of the mother af- fundamental human rights, Mr. Presi- there. firmative defense was fine with them. dent. The right of a little baby to be That is the way this situation is Again, all 12 doctors, the AMA legis- born, grow up, to have a life. They do dealt with in the United States Code. lative panel, voted unanimously, voted not depend on the polls. Do we really There are 31 affirmative defenses in the twice to endorse H.R. 1833—every last have to take a poll to find out whether United States Code. Under H.R. 1833, if word. Every last provision. No excep- a little baby should have the right to a doctor reasonably believes a mother’s tions. proceed and develop his little person- life is in danger and that a partial- Why would they endorse the bill if ality? They do not depend on politics. birth abortion is the only procedure he they thought the life of the mother— What do they know about politics? can employ to save her life, he has an affirmative defense does not ade- What do they know about polls? affirmative defense—written right into quately protect doctors who try to save Do you know what they know? They the statute. In other words, if what the the life of the mother? Why would they know that they hear sounds outside doctor faced truly was a life-of-the- do it? They are in the business of pro- their mother’s womb and they have mother circumstance, he cannot be tecting doctors. They did not do it. sensed that protection. They are in convicted of violating the law. They said the bill was OK. that little fluid sac where they have I might also say there are very few, if This is a historic piece of legislation protection, but they invade that. The any, opportunities where the life of the Mr. President, that originated, was abortionist invades that—pulls them mother would be threatened here. Let voted on in the people’s House, from feet first to their death. me say it again. No doctor who reason- Representative CANADY. It is the most Even the Supreme Court in the Roe ably believes that a mother’s life is in representative body of our Nation’s de- versus Wade decision recognized that a danger and a partial-birth procedure is mocracy, and as the House considered born child—a born child—is a person the only way to save it can be con- this bill as I indicated in my earlier re- entitled to the equal protection of the victed of a crime, period. marks, a magnificent majority, a laws under our Constitution. The key word in subsection ‘‘e,’’ Mr. supermajority, a two-thirds super- Now we are starting to talk a little President, is ‘‘reasonably.’’ No doctor majority came together—liberals, con- bit differently. Now we have a problem

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 7, 1995 CONGRESSIONAL RECORD — SENATE S16739 with the semantics. What is a par- As I close, I am reminded of a great who truly can understand the ramifica- tially-born child? Feet out? Nothing maxim. Do unto others as you would tions of criminalizing what has been a else? Feet-knees? Feet-knees-behind? have them do unto you. Do unto others life-saving procedure. So I think the Torso? All the way to the neck? What as you would have them do unto you. course of sending this bill to Judiciary is a partially born child? What is it? You and I deserved to be protected by is the proper course. What makes it a nonchild while it is law from a partial-birth abortion when I will cover a lot of ground. My col- inside, while its inside is inside the you and I lived in our mother’s womb. league took almost a couple of hours. I womb or its shoulders or its torso? A There are two reasons why we are do not think I will take as much time, few inches? A few moments. Does that here today. Either/or: one, because our but my presentations are usually quite make it something else? mothers chose life and had no concern brief. This will not be as brief because Is not a partially born child one about aborting us; second, because I think we have heard my colleague whose entire body, except for her little there was no abortionist there to end without possibility to, if you will, cor- head, is already in the birth canal, just our lives. We had value. We had worth. rect the RECORD or insert differing as much a human being? Is she no less We had rights. We became U.S. Sen- opinions. We have not had that chance. a human being? Is the line of a baby a ators. And those little babies have the I would like to take this time to cover nonentity who can be brutally slaugh- same rights that we have under the a good deal of ground. tered really just a matter of a few Constitution. I think it is important to debate this inches? A few moments? As the Old Testament tells us, Al- bill, every word of this bill, the rami- This is the world’s greatest delibera- mighty God knew us even then, and He fications of this bill, the justifications tive body, Mr. President. I am proud to loved us. Our fellow human beings, for this bill and the tragedy that is ad- be a Member. I hope and I believe that these youngest of Americans, deserve dressed by this bill. But the one thing because we are the world’s greatest de- no less. I hope I do not have to be lectured liberative body that we will rise to the My colleagues, I implore you for the about is the joys of childbirth. Unlike challenge that the House has given us. sake of God, for the sake of life, for the my colleague from New Hampshire, I That is the reason why I did not sake of innocent children, pass this have had it. I have had it. I have had touch that bill. I did not use my own. bill. the joy of childbirth. I have had the joy I wanted that bill to come right over Thank you, Mr. President. I yield the of bringing two of the most wonderful here and bring it right up without floor. people into this world, and now I have amendment. I want to pass it today if Mrs. BOXER addressed the Chair. the joy of grandparenting. So I really I can, tomorrow if necessary, whatever The PRESIDING OFFICER. The Sen- do not need to be lectured about the it takes, whatever time it takes, I want ator from California. joys of the travel down the birth canal to pass it and I want to put it on the Mrs. BOXER. Mr. President, first I because I have experienced it in my President’s desk. thank my colleague from New Hamp- own body. Once it gets there, I hope that Presi- shire for agreeing to begin this debate dent Clinton will sign it into law. I I had two premature babies who were at a little later hour than originally hope that he will look at this brutal not safe in my womb. They were not scheduled. Many of us, who are on both act and put an end to it because after safe in my womb toward the end of the sides of this debate, went to the Middle all, his pen, William Jefferson Clin- pregnancy, and they had to struggle for East with the President and a bipar- ton—will stop the process. One signa- their lives, and we won that struggle. tisan delegation, and we literally have ture, done. No more partial-birth abor- They were difficult births, and very un- not had any rest for many hours. So, it tions. Hundreds of innocent children predictable as to what would happen. really gave us a chance this morning to saved. Now I am a grandmother, and we had President Clinton, you were an un- get that first bit of rest. This is a dif- complications in that one. This baby is born child once. The President’s father ficult debate and I think we all needed our joy—my joy, his other grand- died, you know, while his mother was to have that rest. I thank my colleague mother’s joy, his grandpa’s joy, his un- pregnant. Is that not interesting? She from New Hampshire and I thank the cle’s and aunt’s. So I know about the faced a very tough decision. Do I raise majority leader and minority leader joy of children very personally, the joy a child alone without a father? Bill for agreeing to bring this up at 2 of grandparenting. Clinton’s mother chose life. o’clock rather than 11 a.m. But do talk to me about the bill. Do Regardless of party, regardless of ide- I stand here in favor of committing talk to me about, for the first time ology, I think we could say we are H.R. 1833 to the Judiciary Committee that we can find in history, why we at thankful. He became a President of the for at least one hearing on this bill, the national level should outlaw a par- United States. He could have been a and to report back with any amend- ticular procedure that is sometimes victim. Bill Clinton could have been a ments, if they so deem, within a 45-day the only way to save a woman’s life or partial-birth abortion. We never would period. to avoid the most serious, long-lasting have known. We never would have There are many reasons that I be- consequences to her health. Talk to me known. lieve are quite rational for doing this, about that. Talk to me about that. Think about it, my colleagues, be- which I will get into in the course of Do not tell me that you speak for all cause this is a very personal matter. the debate. But I want to say the mo- the little children who cannot speak Each and every one of us—each and tion that will be made to send this bill for themselves when you talk about every one of us—started out in life as to committee will be a Republican mo- this bill, because I want to talk to you an unborn child. Just like the one de- tion offered by Senator SPECTER and about little children. Let us take a lit- picted in the first illustration that I supported by six other Republicans. tle child that is happy and alive, living showed earlier today. This is a bipartisan issue. This is the in a wonderful family environment, When you were born as you came first time, in my knowledge, that a and his mom gets pregnant and every- through that birth canal your little particular procedure has been thing is wonderful and everything is fingers moved, your little feet moved, criminalized. And I agree with my col- joyful and they have a name picked out you kicked your legs, you moved your league from New Hampshire when he for the baby—if it a girl or a boy—and arms, and when you finally came into says—and he has said it many times— they think everything is right, and the world with a little slap on the be- the Senate is the greatest deliberative suddenly they learn that it is not right. hind, you started to cry. body. Therefore, let us make sure be- I would tell you if that little child Every one of us came down that birth fore we do this for the first time in his- could talk—let us say he is just 2 or 3— canal the same way—little bit dif- tory that we have held a hearing that he would say, ‘‘Don’t let my mommy ferently sometimes but we came down brings all sides to the table where die.’’ So don’t tell me you are talking the birth canal. We slept, we woke, we there can be a discussion with medical for all children. We cannot speak for felt pain, we were happy, we were sad, experts. all children. our quarters were close, but we always We have one physician in the U.S. I am going to give you a few cases. heard our mother’s voice. Our mother’s Senate. He was never an OB/GYN. We Viki Wilson, a registered nurse, a prac- voice was always there to soothe us. do not have anyone in the U.S. Senate ticing Catholic, and her husband Bill, a

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16740 CONGRESSIONAL RECORD — SENATE November 7, 1995 physician, they were the parents of two the extremism, to stop the danger. We abortion is a legal procedure in this children and planning for a third. In have a chance to do that. No. The country. They are not without laws. the 8th month of pregnancy, an House did not allow an amendment. They try to change it on the floor of ultrasound showed the baby’s brain was That is why you had the vote that you the Senate all the time. They do not growing outside of the baby’s skull. had. I know because I did speak to have the votes to do that. Do not call The brain was twice the size of her ac- some of the people over there. They a doctor an abortionist. And do not try tual head and lodged in Viki’s pelvis, said, ‘‘Barbara, we did not have a to be a doctor. You cannot be a doctor. causing pressure on what little brain chance to vote on any moderating lan- You are not a doctor. You do not know the baby had. guage we wanted so desperately. We the truth. This was a wanted baby. They picked tried to, and the Rules Committee shut We need a hearing in the Judiciary out a name for the baby. If Viki had us down.’’ Committee. We have people on both carried the baby to term, Viki’s cervix So we know what this is about. It is sides of this issue on the Judiciary could not have expelled the baby. about politics. It is about politics be- Committee. And, therefore, it will have Viki’s cervix would likely have torn or cause if it was about substance they a hearing in the Judiciary Committee, ruptured, causing massive hemorrhage would have allowed a vote. and both sides will be brought out. And and infection. I have to say that I am not a doctor— they will have panels on one side and I do not have a chart that shows and I am not God—and there are none another. what it looks like when there is a mas- in the Senate, except for one doctor And when the word ‘‘elective’’ is sive hemorrhage. I do not have a chart who is not an OB–GYN, nor is anyone used, let us straighten that out right to show you what it looks like when else. And no one is God. here and now. Elective means anything the cervix is torn and ruptured. I do And people invoke the name of God. but for the life. It can be the health. It not have a chart that shows you what And I am glad that they do that be- can be the most severe health con- your wife would look like if she had to cause they feel it deeply, and I feel it sequence which is given the term go through this circumstance, or your deeply. And if one believes in God, one ‘‘elective.’’ daughter. I do not have a chart that believes that God has made sure that Let me talk about the organizations shows what the baby’s skull would there are medical procedures in place that are cited. The AMA my colleague have looked like as it was crushed by to help save lives. from New Hampshire cited. The council passage through the birth canal. I do There were so many misstatements he talked about—12 or 13 people are on not have a chart that shows that. But made on this Senate floor regarding the council—voted to endorse the bill. we do know this. If the baby had sur- this issue, and I am not going to take There was not one OB–GYN on the vived somehow, at most she would have them on here because I am not a doc- council. The only testimony heard in lived a few short agonizing moments tor. But I know about giving birth, and the AMA was of the staff of the person gasping for air. Most likely she would when babies are born, except in rare who wrote the bill, and the AMA Board have suffocated the moment the umbil- cases, the head comes first. The way of Trustees unanimously rejected the ical cord was cut, unable to breathe this is described is it is described as if recommendation of the committee. through her mouth. the woman is having a baby, and sud- And they did not take it. So let us get I do not have a chart. Viki Wilson is denly people say, ‘‘We do not want this that straight. a practicing Catholic. If you want to baby.’’ The mother is given anesthetic, The AMA does not support this bill. meet her, you can meet her. If you large doses of it—this is a serious, com- There are some organizations that op- want to talk to her, you can talk to plicated situation—large doses that go pose it—that oppose it: the American her. She came forward in her grief be- right to the fetus. Medical Women’s Association, the Cali- cause she could not stand to see what That is just one example of the fornia Medical Association, which is was happening here. She said, ‘‘My misstatement here. That is why we the largest State organization in the daughter’s death was with dignity in- need hearings on this—to find out the country, the American College of Ob- stead of subjecting her to a process facts. stetricians and Gynecologists. They op- that would have taken away all her Even the name of this, ‘‘partial-birth pose this legislation. dignity.’’ abortion’’—there is no such termi- Now, we believe, those of us who be- I have other stories. I am going to nology. That is not a medical term. lieve we should commit this to the Ju- share them with my colleagues. But let And, yet, it is outlawing ‘‘partial-birth diciary Committee for a report back in me tell you of a little child who abortion’’ when there is no such med- 45 days on the bill, that before Sen- thought his mother was going through ical term. It is a term being used for ators are asked to cast a vote on a that. He would say, ‘‘Save my mother political reasons, in my view. There is measure that would criminalize a legal and do not allow my sister to go not a birth here. This is a late-term medical procedure, which is used under through this agonizing procedure.’’ abortion, and it is tragic. It is tragic. rare and tragic circumstances, the Ju- The Senator from New Hampshire And that is what we are talking about. diciary Committee should have an op- said, ‘‘Do not listen to what opponents There is talk here on the floor by portunity to review it. say. They will distort this bill.’’ men who never had the experience I have raised some of the questions I have a copy of the bill. I have read about what it is like for the baby to here today, and I am going to raise this bill over and over again. In every flow in the water, as it was said. That them again. This is what I think the case when we have voted to restrict a is the ambiotic fluid. Sometimes some- committee ought to look at, whatever woman’s right to choose, there have thing happens in a woman, and the your view on this issue. They ought to been exceptions in the bill for the life baby is not safe in the womb. And the look at the fact that there is no such of the mother, at least in every single ambiotic fluid is not there. We hope ev- term as partial-birth abortion, in any case. Not here, not here. Oh, yes. When erything goes just right. We want ev- medical text, and that it was invented the doctor is thrown in jail, he can say erything to be just right. When we get by the authors. And let us get down to in his defense, ‘‘I had to do it.’’ That is to that stage of our pregnancy—I never what we are talking about here. They not the same as making exceptions to got to those stages; I had two preemie should also look at the fact that a doc- the life and the health of the mother. babies. By then we were so excited tor is threatened with criminal pros- My colleague said, Look at the num- about this event. ecution for trying to save a woman’s bers of votes in the House. Well, the And to make it sound like women are life. They should look at that. far-right forces in the House will not brutal, that doctors who take a Hippo- What kind of chilling effect would it allow a vote on a moderating amend- cratic oath are brutal, and that is their have on a physician? Oh, sure, there is ment for the life of the mother, for the goal in life—is to be brutal. And they an affirmative defense. That is like health of the mother. They will not wake up every day saying, ‘‘I am going saying, ‘‘I will arrest you if you dis- allow a vote on any of this. So there to wait until the end of my pregnancy, agree with me, but once you are in was no choice for people. and I am not going to have it, and I am court you can have your chance to ex- I am so pleased that in the Senate we going to be brutal.’’ If you listen to plain why you disagree with me.’’ It is have the ability to get a vote, to stop this, calling doctors abortionists— an affirmative defense. You put it in

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 7, 1995 CONGRESSIONAL RECORD — SENATE S16741 the bill. You have a right to go to There being no objection, the articles The nature of the procedure should have court and affirmatively say, ‘‘Save the were ordered to be printed in the been beside the point; many medical proce- life of a mother.’’ Let us look at what RECORD, as follows: dures are bloody and hard to witness. Never- theless, supporters of the bill displayed pho- that means: Doctors threatened with OUTLAWING AN ABORTION METHOD criminal prosecution for trying to save tographs of partial-birth abortions in the The House of Representatives succumbed House chamber to manipulate the emotions the life of a woman. Let us look at to emotional blackmail this week when it of Congress members. that. approved a bill that would ban a specific In banning this form of abortion, the Let us look at the fact that there are abortion procedure and impose criminal pen- House has set a precedent with dangerous medical problems that compel women alties on doctors who use it. The House ac- ramifications. to seek late-term abortions that range tion would undermine a woman’s constitu- Wednesday’s vote is the first time a house from the extremely serious to the po- tionally protected right to choose to termi- of Congress has asserted federal authority to tentially fatal, including severe heart nate a pregnancy and a doctor’s right to de- ban a specific, established medical proce- disease, kidney failure, and cancer in termine what is best for his patient. The dure. As such, the action represents an im- Senate would be wise to exercise more re- need of immediate treatment. Let us portant legal and political step for anti-abor- straint. tion forces. have those women who have had this The procedure to be banned, known as in- tragedy befall them and their husbands Under the House bill, doctors who perform tact dilation and evacuation, is used only in this abortion could face up to two years in and their families and their children, late-term abortions, after 20 weeks of gesta- prison or monetary fines or both. A doctor who some here said they speak for, tion, and even then its use appears modest. must prove that no other procedure would come forward and say how they felt About 13,000 of the nation’s 1.5 million abor- have sufficed. In effect, Congress is telling when they heard unless their mother tions each year take place after 20 weeks, physicians that the government will now su- could go through an emergency med- usually because of special circumstances, persede the medical judgment of a woman’s ical procedure, they would lose that such as a threat to the mother’s health or se- physician. vere fetal abnormalities. mother forever. Let us hear from those Will Congress members, few of whom are While there are no reliable statistics, most physicians, now outlaw other lifesaving pro- people. The greatest deliberative body late-term abortions involve a procedure that in the world, my colleague from New cedures because they are difficult to watch? breaks the fetus apart before it is suctioned Will this Congress, despite its promise to re- Hampshire says—and I agree—let us out of the uterus. But some doctors, those duce the intrusion of government into pri- deliberate. who would be affected by the House bill, use vate life, increasingly assert its authority at The procedure that this bill would a procedure that involves partially extract- the medical bedside? ing the fetus into the birth canal and col- outlaw is often considered considerably The Senate should stop this perilous slide lapsing the skull in order to let it be ex- safer than other alternatives. Let us when the legislation comes its way. And the tracted. Anti-abortion groups call this a look at that from a doctor’s perspec- President should be prepared to veto. ‘‘partial birth’’ abortion. They circulated tive. I think it is inappropriate that graphic drawings in their inflammatory [From the Des Moines Register] the Senate vote on this bill without campaign to impose a ban. fully exploring these questions and The House majority allowed its distaste for MEAN AND MEANINGLESS others. the particular procedure to start it down a PHYSICIANS, NOT MEMBERS OF CONGRESS, I also have to address another issue, course that could undermine the constitu- SHOULD DECIDE ON ABORTION METHODS the issue of late-term abortion. The au- tional right to abortion as outlined in Roe v. The House vote Wednesday to ban one thor of this bill—and there is a similar Wade. Roe recognized a woman’s right to end method of late-term abortion and send doc- bill in the Senate—now the proponent a pregnancy, in consultation with her doc- tors who perform it to prison is mean and of this House bill, in many ways by im- tor, during the first trimester. I also recog- meaningless. nized the state’s interest in imposing some It is mean because late-term abortions plication says that horrific things are restrictions on abortions as a pregnancy pro- going on in the country; let us stop it often are done to preserve the health of the gresses through the second and third tri- mother or because the fetus is terribly de- now; it is immediate; it is a crisis; does mesters. But it did not try to dictate the not tell you that under Roe versus formed and not expected to live. About 13,000 methods that could be used. of 1.5 million abortions performed in the The House bill would erode the judgment Wade, which is the law of the land, the United States are at 20 weeks or later. The in Roe and subsequent cases that while abor- landmark decision in 1973, which has bill puts an absurd burden on the doctor tion’s after fetal viability can be forbidden, not been overturned by this Court, being prosecuted to prove that this par- exceptions must be allowed to preserve the which has not been overturned by this ticular method was necessary to save the life mother’s life or health. True, the bill would Congress, says that in the late term of of the woman and that ‘‘no other procedure allow a doctor, if criminally charged, to would suffice for that purpose.’’ a pregnancy the States have the full argue that the procedure was needed to save It is meaningless because the legislation and absolute right to make the rules the life of the mother and that no other pro- does not address alternative ways of termi- governing these abortions. Now we cedure would suffice. But that leaves scant nating a pregnancy at late stages, among have for colleagues to see the rules and room for a doctor to exercise sound medical them Caesarean section and induced labor. regulations in every single State, and I judgment as to the safest procedure in a par- The method the House would criminalize is ticular abortion. urge my colleagues to look at that. intact dilation and evacuation. The doctor The House bill is harsh and intrusive. The What you will see is that in all pulls the fetus from the womb feet first, Senate should have more respect for women, States of the Union there are controls. through the birth canal, leaving only its and responsible doctors and for Roe. In many States of the Union, there are head inside. Surgical scissors pierce the skull, and the brain is suctioned out, the stringent controls which require not [From the Los Angeles Times, Nov. 3, 1995] only the attending physician but other skull collapses, and the fetus is taken out. A GRUESOME PIECE OF LEGISLATION physicians to sign on, and this is not It is hideous. It may also be the best proce- considered likely in the States. THE HOUSE—SHOWN BLOODY PHOTOS—VOTES TO dure under certain circumstances. The New What really interests me is that the OUTLAW A FORM OF ABORTION York Times reported that Colorado physi- party that controls this Congress—and, There is no question that the ‘‘partial- cian Warren Hern, author of the standard textbook on abortion practice, said: ‘‘The in particular, the people offering this birth abortion’’ procedure that the House voted Wednesday to outlaw is gruesome. No medical community has not determined the legislation—always are on this floor woman undergoes this late-in pregnancy pro- very best way to do late-term abortions, saying let the States decide. They are cedure without great psychological and which are uncommon anyway. This method closer to the problem. They are closer physical pain. Few physicians perform it, is a minor variation on what I’ve done for 20 to the people. Let them decide. And yet and those who do may experience deeply con- years and could be absolutely necessary they would overstep all the States, flicting emotions. under some medical circumstances. But outlaw a specific procedure which we The procedure is done typically only to what’s important is that the decision be left believe is the first time in the history avert an outcome as gruesome as the oper- to the doctor.’’ of the country it has ever been done, ation itself—the death of the woman—or to Certainly, it should not be left to Congress, with medical issues so complex and personal and trample on all the States that have remove a severely deformed fetus that would not survive after birth. issues so wrenching, when a mother’s health very serious regulations on this. And One measure of the pain and conflict sur- is in danger or the fetus is severely damaged. we will go into what some of those reg- rounding the partial-birth abortion is its ex- Of course, when the mother is well and the ulations are. treme rarity. It accounts for only about 200 fetus is potentially viable but merely un- I ask unanimous consent to place in of the 1.5 million abortions done annually in wanted, a late-term abortion is unacceptable the RECORD a number of editorials. this country. by any method.

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16742 CONGRESSIONAL RECORD — SENATE November 7, 1995 ‘‘Yet this Congress is determined to inter- participate in such an abortion. Only a hand- When a late-term abortion is necessary, fere unthinkingly in any way it can, regard- ful will even perform late-term abortions for usually to protect the health or life of the less of circumstances. This is the first time the more compelling reasons. mother, a physician should not have to base since Roe vs. Wade that it has acted to ban The legislation just isn’t needed. And the his decision on how to proceed on the poli- a specific abortion method, but numerous broader assault will do nothing to alter the tics of the issue. other efforts to stop abortion are under way, national division on abortion. such as keeping funding from international After 20-plus years of debate, there’s no So under the House bill, we are not groups involved in abortion overseas. The sign of national consensus to ban abortion. only putting physicians in peril for Supreme Court’s landmark 1973 decision said And absent such social agreement, the doing what they think is right, accord- choice must be a personal one. states could not limit the right to abortion ing to their medical training and their in the first trimester of pregnancy, but could Abortion’s dilemmas are indeed painful. regulate it in the second trimester to protect But they are best resolved by appeals to experience, to save a woman’s life, we a woman’s health, and could limit or pro- hearts and minds, not dictates of law like are putting them in peril, putting them hibit it in the third trimester when the fetus this one. in jail but we are bringing politics into is potentially viable. Today, 41 states, in- Mrs. BOXER. I thank the Chair. One the operating room as well, because cluding Iowa, have laws prohibiting late is from the Los Angeles Times. It says make no mistake about it, this is abortions under most circumstances. in part: about the agenda of the far right in The House vote Wednesday to ban one In banning this form of an abortion, the method of late-term abortion, and a similar this country, who put together a con- House has set a precedent with dangerous bill introduced in the Senate, mark the de- tract. They want to do away with the ramifications. Wednesday’s vote is the first termination of politicians to pander to anti- woman’s right to choose, and even time a House of Congress has asserted Fed- abortion forces. though late-term abortions are regu- eral authority to ban a specific established lated by the States, this is high on [From USA Today, Nov. 3, 1995] medical procedure. Under the House bill, doctors who perform this abortion could face their agenda. ATTACK ON RARE ABORTION PROCEDURE up to 2 years in prison or monetary fines, or I know the phones are ringing off the INVITES MISERY both. A doctor must prove that no other pro- OUR VIEW: THESE CASES ARE TRAGIC, THESE cedure would have sufficed. In effect, Con- hook. That is OK, that is fine, because CASES ARE PERSONAL, LEGISLATION IS A gress is telling physicians that the Govern- they are ringing off the hook on both CLUMSY AND PAINFUL RESPONSE ment will now supersede the medical judg- sides. Then we see the Des Moines Reg- Abortion is a wrenching decision under any ment of a woman’s physician. ister, and they talk about this legisla- circumstance. In the later stages of a preg- ‘‘Government will supersede the med- tion as mean and meaningless. They nancy, it’s a nightmare. ical judgment of a woman’s physician.’’ say: So it doubly painful to find the House of Wonderful, just what we were elected Representatives voting to make the night- Physicians, not Members of Congress, mare worse. It did so Wednesday, voting to to do, decide what medical procedures should decide on abortion methods. outlaw a last-report procedure to terminate should be used under what cir- some late-term pregnancies. cumstances. We have never done that Look, what procedure are we going to The procedure is one that would make any- in history as far as I can tell. And this get into next? What are we going to one cringe. The fetus dies from an overdoes is a procedure that is used in most ban next? What are we going to outlaw of anesthesia given to its mother. Some- tragic, rare circumstances involving a next? I mean, the sky’s the limit if we times, its skull is then drained so the fetus woman’s very life, and we are going to go down this slippery slope, and that is can be aborted intact without risk to the decide, without a hearing, unless we mother (not to cause death as critics of the why having a hearing is so important. support the Specter amendment for a procedure often claim). I got a call today, they just sent it hearing—and I hope we do—this should It’s a process undertaken in desperate cir- over to me: ‘‘Please, Senator BOXER, be banned. cumstances. Just ask Viki Wilson, a 39-year- tell these people that the women they old registered nurse, doctor’s wife, and moth- I think this editorial raises another er of two in Frenso, Calif. She was eagerly interesting point. are talking about are someone’s baby.’’ awaiting the birth of her baby when the bad Will Congress Members, few of whom are And they talk about babies. The news arrived. Just four weeks before her de- physicians, now outlaw other lifesaving pro- woman who is in peril was somebody’s livery date, she learned what previous tests cedures because they are difficult to watch? baby and now she is somebody’s daugh- had failed to detect: two-thirds of her unborn Will this Congress, despite its promise to re- ter and somebody’s granddaughter. Let daughter’s brain was in a sac outside the duce the intrusion of Government into pri- skull. The fetus was suffering seizures and vate life, increasingly assert its authority at us talk about that baby, because, yes, Viki Wilson’s life was in danger. The baby the medical bedside? my baby may be 27 years old and have was doomed to die outside the womb no mat- What is next, I ask? Then the edi- her own baby, but she is still my baby, ter what was done. torial concludes. and she will be my baby until the day After consulting with specialists, the Wil- that I am not here. sons opted for ‘‘intact dilation and evacu- The Senate should stop this perilous slide. ation,’’ the procedure banned by the House. When the legislation comes its way, the So this woman puts it into perspec- The anesthesia was administered and a nee- President should be prepared to veto it. tive. She wants me to put her name dle used to draw fluid from the baby’s en- And the President has clearly stated out. I do not know this woman. Doro- larged head so it could pass through the that abortion should be legal and rare, thy Fox, from Santa Barbara, thank birth canal without damaging her mother. and his standard is life and health of ‘‘This wasn’t about choice, this was about you for calling my office. ‘‘Please, Sen- medical necessity,’’ Wilson says. the mother. This bill makes no such ator BOXER, tell these people that the That’s the case for most late-term abor- exception. women they are talking about are tions. A mother’s pregnancy is complicated Then the New York Times says: someone’s baby. My daughter had this by health problems such as cancer or heart The House bill is harsh and intrusive. The procedure, and I would have done any- disease, so that continuing the pregnancy Senate should have more respect for women thing to save my baby, my 36-year-old endangers her life. Or an unborn baby is and for doctors and for Roe— daughter who had to endure this hor- found to have unthinkable deformities. Meaning Roe versus Wade, If the Senate agrees with the House, other rible procedure to save her life and her the Supreme Court decision that gives the families won’t get the option available to the reproductive health so that she could right to the States in the last trimester to Wilsons. Or other choices. The House lan- have healthy children in the future. set the rules and the standards. guage is so vague it can be read as outlawing Please tell them’’—meaning the sup- all late-term abortions. It bans ‘‘partial- USA Today: ‘‘Attack on rare abor- porters of this bill—‘‘that the fetus birth abortions,’’ a term not found in med- tion procedure invites misery.’’ isn’t the only baby involved. Those ical dictionaries. Doctors, facing jail terms, They say: women were once somebody’s baby.’’ may refuse to perform any late-term preg- These cases are tragic. These cases are per- nancy terminations. sonal. Legislation is a clumsy and painful re- I want to talk about the nurse that And that is the real story of this legisla- sponse. the Senator from New Hampshire tion. Its backers say it is a wedge to chal- points out, her emotional testimony lenge abortion rights broadly. And then the Baltimore Sun, and I The idea of aborting a healthy, late-term see my colleague from Maryland is about being in the room and seeing this fetus for mere convenience is reprehensible here, I think gets right to the heart of procedure. And she is here to take to all sides. And rare is the doctor who would it: questions, and that is good. I am glad

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 7, 1995 CONGRESSIONAL RECORD — SENATE S16743 she is here, because I have a lot of peo- in fact find the record of her three-day em- would rupture. I am not going to go ple here, too, whose stories you are ployment at our Dayton facility. into all the detail of what that looks going to hear. The information provided by Ms. Pratt as like. I am not going to show a chart. Here is a letter from the Women’s to our practices at the Women’s Medical Center of Dayton is largely inaccurate. They considered inducing labor, but MedPlus Center in Cincinnati, OH, First, she describes Dr. Haskell performing were told it would be impossible due to where this nurse worked. one 25-week and one 26-week abortion proce- the transverse position of the baby, I want to point out that the nurse dure. Dr. Haskell does not perform abortions and the fact that the baby’s head was worked at the clinic for 3 days; she past 24 weeks of pregnancy. This is a self-im- so swollen with fluid, while the baby’s worked at the clinic for 3 days. This is posed limit to which he has scrupulously ad- body was stiff. the woman who now comes here as an hered throughout the time I have worked for Coreen and her husband faced a trag- expert on this procedure. So you should him. edy that most people never even have ask her about that experience. Second, Dr. Haskell does not use ultrasound in the performance of second-tri- to face, thank God. In the end, they The letter we have here is from mester procedures. We use ultrasound only made a decision to save the mother’s Cristy Galvin, RN, and here is what she to determine the pregnancy’s gestation. life, to save Coreen’s life. She under- says: Therefore, her entire description of her expe- went a late-term abortion, and because I am a registered nurse and have worked rience when viewing a second-trimester of this procedure, she is alive today since July 1993 in the Dayton office of Dr. abortion, which includes Dr. Haskell’s using caring for her husband and her remain- Martin Haskell. In this capacity, I was the the ultrasound while doing the procedure, is ing two children. nurse that supervised the training of Brenda clearly questionable. Pratt during her brief temporary employ- Finally, at no point during a dilatation Michele Brydon was 23 weeks preg- ment at the Women’s Medical Center of Day- and extraction or intact D&E is there any nant with her third child when she ton. fetal movement or response that would indi- went for a routine ultrasound to ensure As you know, we initially conducted a cate awareness, pain or struggle. Ms. Pratt that her baby was doing OK. The result search of our employment records under the absolutely could not have witnessed fetal of this ultrasound turned Michele’s name ‘‘Brenda Shafer,’’ as this was the name movement as she describes. We do not train family life upside down. The doctors she signed to the letter which was given to temporary nurses in second trimester dilata- informed them that the baby—a girl— us. tion and extraction, since it is a highly tech- When provided with the correct last name, nical procedure and would not be performed was suffering from a diaphragmatic we did, in fact, find the record of her 3-day by someone in a temporary capacity. If, in- hernia. The diaphragm protects and employment at our Dayton facility. deed, Ms. Pratt entered the operating room separates the heart and lungs from the The information provided by Ms. Pratt as at any point during D&X procedure, she stomach and intestines. A diaphrag- to our practices at the Women’s Medical clearly either is misrepresenting what she matic hernia is a hole in the dia- Center at Dayton is largely inaccurate. saw or remembers it incorrectly. phragm, which leaves the baby’s heart First, she describes Dr. Haskell performing If you have any further questions, please unprotected and pushes abdominal or- one 25-week and one 26-week abortion. Dr. feel free to contact our office. gans, such as her stomach and intes- Haskell does not perform abortions past 24 Sincerely, weeks of pregnancy. This is a self-imposed CHRISTIE GALLIVAN, RN. tines, into the chest. Because of the in- trusion of the abdominal organs, there limit to which he has scrupulously adhered Mrs. BOXER. Mr. President, I need was no lung growth. Michelle sought to throughout the time I have worked for just about another 10 minutes to finish him. answers from specialists and a pedi- my response, and I know that my col- atric surgeon, who might try to fix the So let us not be fast and loose with a leagues here will participate. hernia. She was told the baby would doctor’s lifetime commitment to We are talking about pain and suf- not live; the baby was not compatible health. fering. We are talking about tragedy, with life. She chose, in this particular Second, Dr. Haskell does not use the and I am going to read a couple of case, to have this procedure. ultrasound in the performance of second-tri- other stories of women who have had mester procedures. We use ultrasound only to face this. If you notice on the chart, In October 1992, Claudia Crown Ades to determine the pregnancy’s gestation. was 6 months pregnant with her first Therefore, her entire description of her expe- when the chart is shown, there is no face of a woman shown. There is no child. Everything was perfect. At age rience when viewing the second-trimester 33, she was told there was no need for abortion, which includes Dr. Haskell’s using face of a woman shown. There is no the ultrasound while doing the procedure, is talk of the woman and the peril to her an amniocentesis. But, for some rea- clearly questionable. health and the horrible consequences of son, she began to get anxious, and her Finally, at no point during a D&E is there what could happen to her if she carried doctor sent her to an ultrasound spe- any fetal movement or response that would the fetus to term. cialist to ease her mind. Three days indicate awareness, pain or struggle. Ms. and four doctors later, Claudia and her Pratt absolutely could not have witnessed I want you to hear about Coreen Costello. Coreen was 7 months preg- husband Richard were informed their fetal movement as she describes. We do not baby was plagued with severe anoma- train temporary nurses in second trimester nant with her third child when she dis- dilation and extraction since it is a highly covered through ultrasound there was lies, including brain damage, heart technical procedure and would not be per- something seriously wrong with her complications, extra digits, and more. formed by someone in a temporary capacity. baby. The baby, named Katherine The abnormality is known as trisomy- If, indeed, Ms. Pratt entered the room at any Grace, had a severe neurological dis- 13. point during a D&E procedure, she clearly ei- order. The movements Coreen had been Claudia and Richard were told their ther is misrepresenting what she saw or re- baby would likely not survive the preg- members it incorrectly. feeling were not the healthy kicking of a baby. They were nothing more than nancy, and would have little or no I ask unanimous consent to have this bubbles and amniotic fluid which chance of living through the first year. letter printed in the RECORD. puddled in Coreen’s uterus rather than They were devastated. They were dev- There being no objection, the letter flowing through the baby. astated. I do not have a chart to show was ordered to be printed in the The baby had not been able to move you that they were devastated. They RECORD, as follows: for months. Not move her eyelids, not wanted this pregnancy, and they were THE WOMEN’S MEDICAL CENTER, move her tongue, nothing. The baby’s faced with the most agonizing of deci- Dayton, July 17, 1995. sions. DEAR CONGRESSWOMAN SCHROEDER: I am a chest cavity was unable to rise and fall registered nurse and have worked since July, to stretch her lungs to prepare them After Tammy Watts and her husband 1993, in the Dayton office of Dr. Martin Has- for air. Her lungs and chest were left found out she was pregnant in October kell. In this capacity, I was the nurse that severely underdeveloped, almost to the 1994, they did everything prospective supervised the training of Brenda Pratt dur- point of nonexistence. parents do—they discussed names, ing her brief temporary employment at the The doctors told Coreen and her hus- what kind of baby’s room they wanted, Women’s Medical Center of Dayton. As you band the baby was not going to survive. whether it would be a boy or a girl. Ev- know, we initially conducted a search of our erything looked fine. employment records under the name ‘‘Bren- They considered all the options, but all da Shafer,’’ as this was the name she signed brought severe risks to the mother. If Then in a routine 7-month to the letter which was given to us. When Coreen waited to go into labor natu- ultrasound, after a few minutes, the provided with the correct last name, we did rally, there was concern her uterus doctor said, ‘‘There is something I did

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16744 CONGRESSIONAL RECORD — SENATE November 7, 1995 not expect to see.’’ A mass appeared life or health or the pregnancy is the result to preserve the woman’s life or health. § 707.7 outside the fetus’ stomach. of rape or incest perpetrated on a minor. A (West 1979). This provision is unconstitu- Tammy was sent to several special- second physician must be in attendance at a tional as applied to pre-viability abortions. ists for more tests to determine if post-viability abortion to provide medical A state may not prohibit abortion prior to attention to the fetus. §§ 20–16–705, –707 viability, a point which varies with each something was indeed wrong with the (Michie 1991). pregnancy and may not be declared to occur fetus, or whether the ultrasound ma- CALIFORNIA at a particular gestational age. Colautti v. chine was wrong. The doctors and the No abortion may be performed after the Franklin, 439 U.S. 379, 388–89 (1979). genetic counselor gave Tammy the 20th week of pregnancy. Health & Safety KANSAS worst possible news—the fetus, which § 25953 (West 1984). The Attorney General has No abortion may be performed after viabil- was a girl, had no eyes, six fingers, six issued an opinion stating that this provision ity unless the attending physician and an- toes, and enlarged kidneys which were is unconstitutional as applied to pre-viabil- other, financially independent physician de- already failing. The mass on the out- ity abortions and abortions necessary to pre- termine that an abortion is necessary to pre- side of the stomach involved her bowel serve the woman’s life or health. 65 Op. Att’y serve the woman’s life or the fetus is affected Gen. 261 (1982). and bladder, and her heart and other by a severe or life-threatening deformity or CONNECTICUT major organs were affected. abnormality. § 65–6703 (1992 & Supp. 1993). The This condition is known as trisomy- No abortion may be performed after viabil- Attorney General has issued an opinion stat- ity unless necessary to preserve the woman’s ing that abortion cannot be prohibited at 13, where on the 13th gene there is an life or health. § 19a-602(b) (West Supp. 1993). any time when a woman’s health is at risk, extra chromosome. The trisomy-13 was DELAWARE and has filed a lawsuit requesting a court causing the slow death of their daugh- No abortion may be performed after the order stating that this law is unconstitu- ter in utero. If Tammy’s baby had died 20th week of gestation unless continuation of tional and enjoining its enforcement. Op. in utero, it would have begun to break- the pregnancy is likely to result in the wom- Att’y Gen. No. 91–130 (Oct. 15, 1991); Stephan down, releasing fatal toxins into the an’s death. Tit. 24, § 1790 (1987 & Supp. 1992). v. Finney, No. 93–CV–912 (Kan. D. Ct. filed woman’s bloodstream. The Attorney General has issued an opinion Aug. 4, 1993). Tammy and her family made the stating that this provision is invalid and in- KENTUCKY hardest decision of their lives, but one consistent with Roe v. Wade, 410 U.S. 113 No abortion may be performed after viabil- (1973). that saved Tammy’s life. These people ity unless necessary to preserve the woman’s FLORIDA are here to talk to you. Listen to them, life or health. § 311.780 (Michie/Bobbs–Merrill 1990). look in their eyes, and look at how No abortion may be performed in the last trimester of pregnancy unless two physicians they love their families and their chil- LOUISIANA certify in writing that the abortion is nec- No abortion may be performed after viabil- dren. essary to preserve the woman’s life or ity unless necessary to preserve the woman’s Women in their late-term preg- health. § 390.001(2) (West 1993). This provision life or health. A second physician must be in is unconstitutional as applied to pre-viabil- nancies do not desire, do not antici- attendance at a post-viability abortion to ity abortions. A state may not prohibit abor- pate, want, or even think about abor- provide medical attention to the fetus. tion prior to viability, a point which varies tion. Women in the late term of their § 40:1299.35.4 (West 1992). pregnancies are anticipating the joy of with each pregnancy and may not be de- clared to occur at a particular gestational MAINE child birth, the fulfillment of mother- age. Colautti v. Franklin, 439 U.S. 379, 388–89 No abortion may be performed after viabil- hood and family. (1979). ity unless necessary to preserve the woman’s Doctors know late-term abortions GEORGIA life or health. Tit. 22, § 1598 (West 1992 & are dangerous and difficult. They are No abortion may be performed after the Supp. 1993). emergency medical procedures done in second trimester unless three physicians cer- MARYLAND the most tragic and painful cir- tify that an abortion is necessary to preserve Abortion may be prohibited after viability cumstances. Yet, this bill would outlaw the woman’s life or health. § 16–12–141(c) unless necessary to preserve the woman’s life an emergency medical procedure. It (Michie 1992). This provision is unconstitu- or health or unless the fetus is affected by will put a doctor in jail because he tional as applied to pre-viability abortions. genetic defect or serious deformity or abnor- tried to save a woman’s life. It is going A state may not prohibit abortion prior to mality. Health-Gen. § 20–209 (Supp. 1993). viability, a point that varies with each preg- MASSACHUSETTS to happen without a hearing in the Ju- nancy and may not be declared to occur at a diciary Committee, unless the Repub- particular gestational age. Colautti v. Frank- No abortion may be performed after the lican motion to commit, which will be lin, 439 U.S. 379, 388–89 (1979). 24th week of pregnancy unless necessary to preserve the woman’s life or to prevent a offered by Senator SPECTER, passes. We IDAHO substantial risk of grave impairment to her were not elected to be doctors, and we No abortion may be performed after viabil- were not elected to be God. And the physical or mental health. Ch. 112, § 12M ity unless necessary to preserve the woman’s (West 1983). This provision is unconstitu- States control late-term abortions. We life or unless the fetus, if born, would be un- tional as applied to pre-viability abortions. have the list. able to survive. §§ 18–608(3), 18–604(6) (1987). A state may not prohibit abortion prior to I ask unanimous consent to have This law unconstitutionally prohibits post- viability, a point that varies with each preg- viability abortions in cases in which an abor- printed in the RECORD this list of the nancy and may not be declared to occur at a tion is necessary to preserve the woman’s particular gestational age. Colautti v. Frank- States with the postviability restric- health. See Roe v. Wade, 410 U.S. 113, 165 tions. Every single State has restric- lin, 439 U.S. 379, 388–89 (1979). This law also (1973). unconstitutionally prohibits some post-via- tions. ILLINOIS There being no objection, the mate- bility abortions that are necessary to pre- No abortion may be performed after viabil- serve the woman’s health. See Roe v. Wade, rial was ordered to be printed in the ity unless necessary to preserve the woman’s 410 U.S. 113, 165 (1973). RECORD, as follows: life or health. A second physician must be in MICHIGAN STATES WITH POST-VIABILITY RESTRICTIONS attendance at a post-viability abortion to Any person who intentionally causes an ALABAMA provide medical attention to the fetus. Ch. 720, act 510 §§ 5,6 (Michie 1993). abortion that is not necessary to preserve No abortion may be performed after viabil- the woman’s life is guilty of manslaughter if INDIANA ity at an abortion or reproductive health the abortion occurs after quickening. center unless immediately necessary to pre- No abortion may be performed after viabil- § 750.323 (West 1991) (enacted 1931). A court serve the woman’s life or physical health. ity unless necessary to prevent a substantial has ruled that this law is not unconstitu- Admin. Code r. 420–5–1–.03(2)(c) (Supp. 1990). permanent impairment of the life or physical tional as applied to viable fetuses. Larkin v. health of the woman. A second physician ARIZONA Cahalan, 208 N.W.2d 176 (Mich. 1973). This law must be in attendance at a post-viability is unconstitutional as applied to pre-viabil- No abortion may be performed after viabil- abortion to provide medical attention to the ity abortions. A state may not prohibit abor- ity unless necessary to preserve the woman’s fetus. §§ 16–34–2–1(3), 16–34–2–3(b) (West Supp. tions prior to viability, a point that varies life or health. A second physician must be in 1993). This law unconstitutionally prohibits with each pregnancy and may not be de- attendance at a post-viability abortion to some post-viability abortions that are nec- clared to occur at a particular gestational provide medical attention to the fetus. § 36– essary to preserve the woman’s health. See age. See Colautti v. Franklin, 439 U.S. 379, 388– 2301.01 (1993). Roe v. Wade, 410 U.S. 113, 164–165 (1973). 89 (1979). This law is also unconstitutional as ARKANSAS IOWA applied to post-viability abortions necessary No abortion may be performed after viabil- No abortion may be performed after the to preserve the woman’s health. See Rose v. ity unless necessary to preserve the woman’s end of the second trimester unless necessary Wade, 410 U.S. 113, 165 (1973).

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MINNESOTA These provisions are unconstitutional as ap- another independent physician certify that No abortion may be performed after the plied to pre-viability abortions. A state may the abortion is necessary to preserve the second half of the gestation period (20 weeks) not prohibit abortion prior to viability, a woman’s life or health. §§ 44–41–20(c), -10(k), unless necessary to preserve the woman’s life point that varies with each pregnancy and (l) (Law. Co-op. 1985 & Supp. 1990). A court or health. A second physician must be imme- may not be declared to occur at a particular has ruled that this provision is unconstitu- diately accessible at a post-viability abor- gestational age. Colautti v. Franklin, 439 tional as applied to pre-viability abortions. tion to take all reasonable measures to pre- U.S.C. 379, 388–89 (1979). This law also uncon- Floyd v. Anders, 440 F. Supp. 535 (D.S.C. 1977), serve the life and health of the fetus. stitutionally prohibits some post-viability vacated without opinion on other grounds, 440 §§ 145.412(sub. 3), 145.411(sub. 2), 145.423(sub. 2) abortions that are necessary to preserve a U.S. 445 (1979). (West 1989). A court has ruled that the provi- woman’s health. See Roe v. Wade, 410 U.S. 113, SOUTH DAKOTA 165 (1973). sion restricting abortion after 20 weeks is No abortion may be performed after the unconstitutional. NORTH DAKOTA 24th week of pregnancy unless necessary to MISSOURI No abortion may be performed after viabil- preserve the woman’s life or health. § 34–23A– ity unless the attending physician and two No abortion may be performed after viabil- 5 (1986). This provision is unconstitutional as other licensed physicians who have examined ity unless necessary to preserve the woman’s applied to pre-viability abortions. A state the woman concur that the procedure is nec- life or health. A second physician must be in may not prohibit abortion prior to viability, essary to preserve the woman’s life or con- attendance at a post-viability abortion to a point that varies with each pregnancy and tinuation of the pregnancy would impose on provide medical attention to the fetus. may not be declared to occur at a particular her a substantial risk of grave impairment § 188.030 (Vernon 1983). gestational age. Colautti v. Franklin, 439 U.S. to her physical or mental health. A second 379, 388–89 (1979). MONTANA physician must be in attendance at a post-vi- No abortion may be performed after viabil- ability abortion to provide medical attention TENNESSEE ity unless necessary to preserve the woman’s to the fetus. §§ 14–02.1–04, 14–02.1–05 (1991). No abortion may be performed after viabil- life or health. § 50–20–109(1)(c) (1993). This law unconstitutionally prohibits some ity unless necessary to preserve the woman’s NEBRASKA post-viability abortions that are necessary life or health. § 39–15–201(c)(3) (1991). to preserve the woman’s health. See Roe v. No abortion may be performed after viabil- TEXAS Wade, 410 U.S. 113,165 (1973). ity unless necessary to preserve the woman’s No abortion may be performed after viabil- life or health. § 28–329 (1989). OHIO ity unless necessary to prevent the death or No abortion may be performed after viabil- NEVADA a substantial risk of serious impairment to ity unless two physicians certify in writing the physical or mental health of the woman No abortion may be performed after the that it is necessary to preserve a woman’s or if the fetus has a severe and irreversible 24th week of pregnancy unless that is a sub- life or to prevent a serious risk or substan- abnormality. Art. 4495b, § 4.011(b), (d) (West stantial risk that continuance of the preg- tial and irreversible impairment of a major Supp. 1994). This law unconstitutionally pro- nancy would endanger the woman’s life or bodily function. The physician must use the hibits some post-viability abortions that are gravely impair her physical or mental abortion method most likely to result in necessary to preserve the woman’s health. health. § 442.250 (1991). This law is unconstitu- fetal survival, a second physician must be in See Roe v. Wade, 410 U.S. 113, 165 (1973). tional as applied to pre-viability abortions. attendance to provide medical attention to UTAH A state may not prohibit abortions prior to the fetus, and the abortion must be per- viability, a point that varies with each preg- formed in a health care facility with access No abortion may be performed after 20 nancy and may not be declared to occur at a to neonatal services for premature infants. weeks unless necessary to preserve the wom- particular gestational age. See Colautti v. This law is scheduled to become effective on an’s life, to prevent grave damage to the Franklin, 439 U.S. 379, 388–89 (1979). This law November 15, 1995. A lawsuit has been filed woman’s medical health, or to prevent the is also unconstitutional as applied to some challenging the constitutionality of these birth of a child that would be born with post-viability abortions necessary to pre- provisions. Women’s Medical Professional grave defects. §§76–7–302(3) (1990 & Supp. serve the woman’s health. See Roe v. Wade, Corp. v. Voinovich, (S.D. Ohio filed Oct. 27, 1993). A court has ruled that this provision is 410 U.S. 113, 165 (1973). 1995). unconstitutional. Jane L. v. Bangerter, 61 F. 3d 1493 (10th Cir. 1995). NEW HAMPSHIRE OKLAHOMA No abortion may be performed after quick- No abortion may be performed after viabil- VIRGINIA ening, unless necessary to preserve the wom- ity unless necessary to preserve the woman’s No abortion may be performed subsequent an’s life. § 585:13 (1986). This provision is un- life or health. A second physician must be in to the second trimester unless the attending constitutional as applied to pre-viability attendance at a post-viability abortion to physician and two other physicians certify abortions. A state may not prohibit abortion provide medical attention to the fetus. Tit. that continuation of the pregnancy is likely prior to viability, a point that varies with 63, § 1–732 (West 1984). to result in the woman’s death or substan- each pregnancy and which may not be de- PENNSYLVANIA tially and irremediably impair the woman’s clared to occur at a particular gestational No abortion may be performed after the physical or mental health. § 18.2–74 (Michie age. Colautti v. Franklin, 439 U.S. 379, 388–89 24th week of pregnancy unless the attending 1988). This provision is unconstitutional as (1979). This law also unconstitutionally pro- physician and another physician who has ex- applied to pre-viability abortions. A state hibits post-viability abortions that are nec- amined the woman concur that the proce- may not prohibit abortion prior to viability, essary to preserve the woman’s health. See dure is necessary to preserve the woman’s a point that varies with each pregnancy and Roe v. Wade, 410 U.S. 113, 165 (1973). life or to prevent a substantial and irrevers- may not be declared to occur at a particular NEW YORK ible impairment of a major bodily function. gestational age. Colautti v. Franklin, 439 U.S. 379, 388–89 (1979). This law also unconsti- No abortion may be performed after the A second physician must be in attendance at tutionally prohibits some post-viability 24th week of pregnancy unless necessary to a post-viability abortion to provide medical abortions that are necessary to preserve the preserve the woman’s life. When an abortion attention to the fetus. Tit. 18, § 3211 (Supp. pregnant woman’s health. See Roe v. Wade, is performed after the 20th week of preg- 1994). This law is unconstitutional as applied 410 U.S. 113, 165 (1973). nancy, a second physician must be in attend- to pre-viability abortions. A state may not ance to provide medical attention to the prohibit abortion prior to viability, a point WASHINGTON fetus. Penal Law § 125.05(3) (McKinney 1987); that varies with each pregnancy and may No abortion may be performed after viabil- Pub. Health § 4164 (McKinney 1985). These not be declared to occur at a particular ges- ity unless necessary to protect the woman’s provisions are unconstitutional to the extent tational age. Colautti v. Franklin, 439 U.S. 379, life or health. §§ 9.02.110, 9.02.120 (Supp. 1994). 388–89 (1979). This law also unconstitution- that they prohibit pre-viability abortions. A WISCONSIN state may not prohibit abortion prior to via- ally prohibits some post-viability abortions No abortion may be performed after viabil- bility, a point that varies with each preg- that are necessary to preserve the woman’s ity unless necessary to preserve the woman’s nancy and which may not be declared to health. See Roe v. Wade, 410 U.S. 113, 165 life or health. § 940.15 (West Supp. 1993). occur at a particular gestational age. (1973). Colautti v. Franklin, 439 U.S. 379, 388–89 (1979). RHODE ISLAND WYOMING This law also unconstitutionally prohibits No abortion may be performed after viabil- No abortion may be performed after viabil- post-viability abortions that are necessary ity unless necessary to preserve the woman’s ity unless necessary to protect the woman to preserve the woman’s health. See Roe v. life. § 11–23–5 (1981). This law unconstitution- from imminent peril that substantially en- Wade, 410 U.S. 113, 165 (1973). ally prohibits post-viability abortions that dangers her life or health. § 35–6–102 (1988). NORTH CAROLINA are necessary to preserve the woman’s This law unconstitutionally prohibits some post-viability abortions that are necessary No abortion may be performed after 20 health. See Roe v. Wade, 410 U.S. 113, 165 to preserve the woman’s health. See Roe v. weeks of pregnancy unless there is a sub- (1973). Wade, 410 U.S. 113,165 (1973). stantial risk that continuance of the preg- SOUTH CAROLINA nancy would threaten the woman’s life or No abortion may be performed after the Mrs. BOXER. So this is about poli- gravely impair her health. § 14–45.1(b) (1986). 24th week unless the attending physician and tics. I can only conclude that it is

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16746 CONGRESSIONAL RECORD — SENATE November 7, 1995 about a zeal to outlaw all abortion. We ly divided on the issue of abortion, resentatives took this bill up and ulti- had that. I lived through that. Others where doctors can come forward, where mately voted on it, there were a num- lived through that. Women died be- nurses can come forward, where women ber of people who I am sure still today cause they could not get access. That can come forward, where they can be describe themselves as pro-choice, who is what this is about. questioned, where a nurse who said she voted for this bill: Representative I can only conclude that it is about a saw this can be questioned, where a BONIOR, Representative GEPHARDT, commitment to the extreme right, who doctor who performs this can be ques- Representative SUSAN MOLINARI, Rep- has made this a litmus test issue. I can tioned, so that we can have all the in- resentative PATRICK KENNEDY. So I only conclude that their commitment formation that we need. think it is clear that people who con- to State rights which, by the way, I ask my colleague from Maryland if sider themselves pro-choice can, in when they repealed nursing home she would like me to yield to her be- fact, vote for this piece of legislation. standards, they said let the States set cause I know she has been waiting here I think it is important as we debate those standards. We said, wait a for hours. today, Mr. President, that we narrow minute, we need to have Federal nurs- Ms. MIKULSKI. I appreciate that, the focus of the debate to the specific ing home standards because our seniors but I also note there is another Sen- bill in front of us, to the language con- will go back to the days when they ator here. I have a very short state- tained in that bill. I believe that, if were scalded in the bathtubs, sexually ment. But I know the Senator has been Members of this Chamber will do that, abused, and worse. They said, no, no, waiting for some time, as well. they will find that the legislation does no, we believe in States rights. Well, Mr. DEWINE. Either way. It does not deserve the support, not just of those here they are overstepping the States. matter. of us who consider ourselves pro-life, The States control this in the late Ms. MIKULSKI. Is the Senator’s but also of those who consider them- term of a pregnancy. statement long? selves pro-choice. It is their desire to take the most Mr. DEWINE. Mine is probably about I have seen it quoted in the paper painful and difficult and tragic cir- 10 minutes. that there are those who argue that cumstances and turn them into a polit- Ms. MIKULSKI. Why do we not stick this particular piece of legislation will ical win. Without any hesitation, I can to the tradition of alternating. If I rollback Roe versus Wade. I do not state that if it passes—and I know the might respond to the Senator from think that is true. In fact, I know it is President will not sign it because he al- California, I think the most important not true. ready said he will not because it makes thing in a debate like this is for us to It is perfectly possible, Mr. Presi- no exception to preserving the life and maintain civility and the traditions of dent, and intellectually coherent and health of the mother—but if something the Senate. I will be happy to wait my intellectually consistent, to endorse happened that and President was not turn. I thank the Senator for her con- this legislation and at the same time there and it was another President and cern. support the decision in Roe versus that President signed the bill, women Mrs. BOXER. I say to my friends, I Wade. I do not happen to support Roe will die, and they will be our babies really appreciate the spirit with which versus Wade, but I do believe that by that we raised. Those are the babies we entered this debate. I hope it will be narrowly focusing on this piece of leg- that will die. the spirit that we have throughout this islation—what it will do, what it will What kind of country do we want to debate. It surely is difficult. prevent—a person would come to the be? I say to my friend, we have to look I think I have made the case for why conclusion that it is not inconsistent at that. Is this going to be a country I think it is important to send this bill with Roe versus Wade. This bill, Mr. President, is not a ban which outlaws a medical procedure to the committee. I think I have made on abortions. It is not even a restric- that is used to save a woman’s life? Are the point that when we talk about ba- tion on when an abortion may be per- we going to put women to their death? bies we have to talk about all of the formed. Let me repeat that. It is not a What is next, the Government deciding life involved in this: My daughter and restriction on when an abortion may be when people should die? Maybe we will your daughter, your baby, the fetus in performed. withhold life procedures that Senators a late term which is so desperately Restrictions of that kind were actu- do not think are nice, and they will wanted by the family, and why this is ally envisioned by Roe versus Wade. If have charts and say withhold that pro- such a tragic decision for families. you carefully read Roe versus Wade, it cedure from your grandmother. Well, And why for the first time in history, is clear that was envisioned by the not on my watch, not on my watch. for Congress to ban a medical proce- Court. Roe versus Wade did make the I want to close by asking every male dure that sometimes is the only way to distinction between the different tri- Senator to picture this: Your 32-year- save the woman’s life is getting us mesters. old daughter or your 28-year-old daugh- down a slippery slope, and why it is Even though Roe versus Wade al- ter comes home to you—or, more like- very important to have a closer look at lowed for that kind of restriction, this ly, you get a call from the emergency this, to be the greatest deliberative bill does not restrict the timeframe for room at the hospital, and the doctor body in the world. a woman contemplating an abortion. says, ‘‘I do not know how to tell you I thank my colleagues. I yield the All this bill does is abolish one par- this, but if I am going to save your floor. ticular procedure. All this bill does is child’s life, your baby’s life, I have to Mr. DEWINE. Let me thank my col- abolish one particular procedure. act now because she is in danger and in league from Maryland for her gracious- My friend and colleague from New jeopardy’’—I beg my colleagues to put ness in regard to alternating back and Hampshire has described this procedure themselves in that position and be hon- forth on the two sides of the aisle re- in great detail. It was unpleasant to est about this issue because you know garding this bill. listen. At one point I literally walked what you would say. You would ask I rise today in strong support for the off the floor. But I compliment him for questions; you would find out if there partial-birth abortion bill. I think ev- having the courage to come to this is any way to save this pregnancy, if eryone knows, in this Chamber at floor and to talk about the facts and to there is any way to save her life or the least, that I am pro-life. But the com- lay out before this Senate and before baby’s. But if it came down to that, ments I make today are not really di- the American people what, exactly, we after you checked and double checked rected directly at those in the Chamber are talking about. and found out that this one emergency who are pro-life, but at those who Stripping away the pleasant rhetoric procedure, and only that, could save would consider themselves to be pro- that is usually used in describing in her life, you would say, ‘‘Doctor, with choice. great detail exactly what this single the help of God, do what you were I will address some of the concerns procedure and what this bill is about, trained to do and save my baby’s life.’’ that might be raised in regard to this and what it actually does. I think we I think if Senators are really honest, bill by people who do consider them- all can agree that this procedure is es- they will vote to send this bill to the selves pro-choice. pecially cruel, unusual and inhumane. Judiciary Committee, where it will be As my colleague has so eloquently Prof. Robert White is the director of in front of the committee that is sharp- pointed out, when the House of Rep- the Division of Neurosurgery and Brain

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 7, 1995 CONGRESSIONAL RECORD — SENATE S16747 Research Laboratory at Case Western fenses are usually written into the quire a partially delivered human fetus to be Reserve University. He testified before statute when the knowledge about the destroyed to preserve the health of the the House Judiciary Subcommittee on fact is uniquely in the hands or control mother. the Constitution. of the defendant. This is a pretty clear medical conclu- Let me just stop at this point in re- I submit that is true in this par- sion. Frankly, as I examine the facts, I sponse to my colleague from Cali- ticular case. To not have it included as see no reason why this Senate—those fornia, her comment that this bill an affirmative defense, but rather to who consider themselves pro-life and should be sent back, sent back to the write it directly into the statute, those who consider themselves pro- Judiciary Committee of the Senate for would pose a situation that would be choice—should not approve overwhelm- hearings. There were significant hear- virtually impossible to deal with in ingly this bill. This debate will con- ings held in the Judiciary Committee court, as the prosecutor would have to tinue, I am sure, into the night tonight in the House of Representatives that basically prove a negative in every sin- and into tomorrow. covered both sides of this particular gle case and then would, in fact, have I ask, again, that my colleagues lis- issue. to get inside the mind of the defendant. ten to the narrow focus of the debate. I think in this case, at least, any ad- This is the type of situation where af- Look at the language in the bill. Recall ditional hearings would be redundant. firmative defenses are historically the basic facts that we have in front of The facts are basically here in front of used. In the Federal Code, 30 or 35 us in regard to what this medical— us. times affirmative defenses are men- medical procedure—actually entails. Let me go back to the quote from tioned and are, in fact, built into the I think, after Members do this, there Professor White when he testified be- statute. is only one logical conclusion that they fore the House Judiciary subcommittee The legal test, guilt beyond a reason- can come to, and that is, whether pro- on the discussion. He said that fetuses able doubt, never changes. Every ele- life or pro-choice, they have to vote to that are subjected to this procedure are ment has to be proven. It has to be ban this horrible, brutal operation. I thank my colleague from Maryland, ‘‘fully capable of experiencing pain;’’ proven beyond a reasonable doubt. The and I yield the floor. ‘‘fully capable of experiencing pain.’’ question of the affirmative defense The PRESIDING OFFICER. The Sen- Mr. President, they endure that ter- comes in as raised by the defendant and there, when it is raised by the de- ator from Maryland. rible procedure that we have heard de- Ms. MIKULSKI. Mr. President, I rise scribed, and they are fully capable dur- fendant, the legal standard is a very, very low standard; that standard is pre- in opposition to the pending business ing that time of experiencing this pain. before the U.S. Senate. Let me say at We should, Mr. President, take some ponderance of the evidence, evidence the outset, I believe that good people comfort in the fact that the procedure which is of greater weight, more con- can differ on the matter of abortion. I is not performed very frequently. It is vincing than the evidence which is of- believe this is an issue so profound that rare. The fact is it should not be per- fered in opposition to it. It is a bal- ancing test. That is all the defendant it requires the utmost thoughtfulness formed at all. It is an unnecessary pro- and the utmost dignity, even as we de- cedure. Even from the perspective of has to do. To summarize, to those who are espe- bate this. the pro-choice community. I would also like to state what pro- Mr. President, some Senators have cially concerned about the life of the mother in this regard, as we all should choice means. We often use the phrase expressed concern about whether the pro-choice or pro-life. We pro-choice mother will be adequately protected be, this bill does contain an affirmative defense for doctors who act with a rea- people happen to think we, too, are without the availability of this proce- pro-life. We are not anti-life. For us, dure. If you talk to the medical com- sonable belief that this procedure is necessary to save the mother’s life. As the question is not what is decided; the munity about this they will tell you question is who decides. For the pro- that if a mother’s life is in danger they a former prosecutor, I can state it is relatively common in criminal law, choice community, we believe that de- certainly have more humane ways of cisions related to abortion should not terminating the pregnancy to save her. both at the Federal level and State level, to provide this exception, to pro- be made on the floor of the U.S. Con- Let me turn, if I could, Mr. Presi- gress but should be left in the doctor’s dent, to a matter that has been raised vide exceptions to general rules. Among the most common examples are consultation room. already on this floor and that I know So our position, when we say pro- self-defense and the insanity defense. will be raised again. That is, the excep- choice, is that we believe it is a deci- tion for the life of the mother. In this There are more than 30 of these affirm- ative defenses in the current Federal sion not to be made by Congress, not to bill, there is such an exception. It is be made by a conference committee, called an affirmative defense. law. For example, to a charge of witness not to be determined through a Presi- Let me read from the statute of the dential veto, but should be determined proposed bill. tampering, there is an affirmative de- fense that the intent of the defendant between a physician and the patient. It is an affirmative defense to a prosecu- That is why we say we are pro-choice. tion or a civil action under this section, was to encourage truthful testimony. In cases of failure to appear, there is an There are any number of cir- which must be proved by a preponderance of cumstances why an abortion is either the evidence, that the partial-birth abortion affirmative defense of uncontrollable was before a physician who reasonably be- circumstances. In cases of knowing medically necessary or medically ap- lieved, one, the partial-birth abortion was endangerment, there is an affirmative propriate. There is no way the U.S. necessary to save the life of the mother and, defense that the endangered person Congress can look at these issues or two, no other procedure would suffice for consented to a professionally approved even anticipate what a variety of these that purpose. medical treatment. medical circumstances are. Within this This is the only way, I submit, that These protections for defendants are great institution, there is only one as a practical matter such an exception relatively common, and the Federal physician, and I know there are no can be included in this type of legisla- courts know how to deal with them. nurses. Some have strong scientific tion. The affirmative defense in this bill is a background, but we are not capable of Affirmative defenses are not new. Af- sensible and rational provision to pro- that. These are decisions that need to firmative defenses, as the occupant of tect doctors and patients. be made on a case-by-case basis, based the chair, the Presiding Officer knows We should not lose sight of the real on the medical circumstances and the very well, go back throughout history. health issue involved here. According religious convictions of the individual They include things that we all know to Dr. Pamela Smith of the department families that are involved, not the col- about: insanity, for example, or self-de- of ob-gyn at Mount Sinai Hospital in lective wisdom or lack of it by the U.S. fense. In fact, they are contained in the Chicago, the procedure of partial abor- Congress. Federal Code in 30 or 31 different stat- tion itself poses risks to the health of This is why, when we say we are pro- utes. the mother. She cites several exam- choice, I say we are not anti-life. We For those who have prosecuted at the ples, and then she concludes: are for appropriate decisions to be State level, we all know about affirma- There are absolutely no obstetrical situa- made based on what is medically ap- tive defenses, as well. Affirmative de- tions encountered in this country which re- propriate and what is the individual

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16748 CONGRESSIONAL RECORD — SENATE November 7, 1995 family circumstances and their own re- women to seek an abortion, and has re- This issue is too complex, and its im- ligious convictions. So that is a gen- jected as unconstitutional those laws plications too profound to let it come eral statement. But on this bill, I that do not allow for late-term abor- to the floor for debate without due con- would like to say, too, that this bill re- tions necessary to preserve the life or sideration through the committee quires very careful study. It is far health of the mother. The Court has re- process. Regardless of any Senator’s reaching. It strikes, too, at that very peatedly affirmed the right of the phy- views on abortion, I believe that every core of the doctor-patient relationship sician to make that decision, along Senator should support the motion that I have just commented upon. with the woman, as to what is in the that will be offered by the Senator I bring to everyone’s attention, there best interest. The Court has rejected from Pennsylvania to send the bill to have been no hearings on this bill in laws that would require the physician the committee. This is not an undue the U.S. Senate. Yes, there was a hear- to put the health of the fetus before delay. It is a responsible thing to do. ing in the House. But this is the U.S. the health of the woman. In decision The Senate is known as the world’s Senate. If a House hearing counted, we after decision, the Court has affirmed greatest deliberative body. On some- would not hold hearings on anything. that the woman’s health must remain thing so sensitive, and so complex, I do We would have not held hearings on the doctor’s paramount concern. This believe that we should hear from the the tax bill, we would not hold hear- bill would overturn that premise. American medical community who can ings on the budget, we would not hold So this bill is carefully crafted to di- give us guiding advice on this, and also hearings on welfare reform. We, the rectly attack the underpinnings of Roe for those women who face this issue, U.S. Senate, must act as our own body, versus Wade, and the bill’s sponsors, many of whom will tell us their story, and I believe it is up to the Senate to particularly in the House, have already and others who have faced this issue conduct its own hearing on this most served notice that their intention is to and chose another path. completely outlaw abortion, one proce- sensitive, most difficult issue. I believe the Senate should be open- The ban that is being proposed would dure at a time. Mr. President, I believe this bill is minded, listen to advice, and then in a have an effect far beyond the issue of rational and deliberative way which is abortion. For the first time, the Con- radical and far reaching. This bill has not been the subject of a single day of characteristic of both this body and I gress would be directly regulating what believe those in the House who even medical procedures a doctor can and hearings in the Senate. We have not heard from one witness, especially the differ on the abortion—that our deci- cannot provide. It is a tremendous in- sions be based on a rational set of in- trusion into medical practices. medical community. No committee has deliberated on the language of the bill formation going through the tradi- I know tomorrow morning, the Sen- tional committee process in which ator from Pennsylvania, Senator SPEC- and understands the full consequences of this. This is simply unacceptable. there can be the questioning back and TER, will be offering a motion to send The abortion issue is a sensitive and forth of the witnesses. the bill back to the committee for a controversial one. Emotions run high So, Mr. President, I urge my col- hearing, with a time certain for report- whenever we debate this issue. That is leagues to support the motion that will ing it back. I will support the motion, why it is so crucial that, before we vote be offered by the Senator from Penn- and I want everyone to understand that on this bill, it should be subject to the sylvania tomorrow and urge, if that the motion to recommit for a hearing careful study that committee hearings does not pass, the defeat of this amend- is not dodge ball, where we, by refer- and deliberation would provide. I would ment. ring it back, we avoid the vote. It is to support a limit on the time being re- Mr. President, I thank you for your be sure that when we do vote, we will ferred to the committee, a 30- to 40-day attention. I yield the floor. have heard from all who have an inter- limit. We could vote before this Con- est in this legislation. Mr. SMITH addressed the Chair. gress adjourns for the holiday recess. The PRESIDING OFFICER (Mr. Under this legislation, I want to For myself, I would like to hear the bring out that Congress could make ABRAHAM). The Senator from New testimony from the proponents of the Hampshire. criminals out of doctors who perform a bill about why they believe Members of Mr. SMITH. Mr. President, I believe procedure which, in their expert opin- Congress are better able than physi- Senator ASHCROFT will speak momen- ion, is medically necessary to save a cians to decide what medical proce- woman’s life or to prevent serious ad- dures are appropriate for women facing tarily, and I will be happy to yield to verse risk to her health. Supporters of the tragedy of a late-term abortion. I the Senator when he gets here. the legislation like to point out that think the Senate should hear from Mrs. BOXER. Will the Senator yield? the bill contains a so-called affirmative women who face the painful decision of Mr. SMITH. Certainly. defense which allows for procedures terminating a wanted pregnancy, and Mrs. BOXER. I understand Senator performed to save a woman’s life. But whose doctors have selected this meth- KENNEDY will be here momentarily. what does that mean? If you read the od. Mr. SMITH. If Senator KENNEDY gets bill carefully, you see that this is not a I think the Senate should hear from down, or Senator ASHCROFT, I would be life exception. It means that after a the physicians who perform this proce- happy to yield. doctor has suffered the humiliation of dure so that we can understand why it I yield the floor. arrest, being handcuffed, forced to hire is sometimes necessary, and what Mr. KENNEDY addressed the Chair. an attorney, and posted bond and a would happen to these women if this The PRESIDING OFFICER. The Sen- trial is underway, the doctor can tes- procedure were banned. I want to hear ator from Massachusetts. tify that he or she believed the proce- from the American College of ob-gyn’s. dure was the only method that would They are the experts in this field. The Mr. KENNEDY. Mr. President, I have saved the woman’s life. This com- Senate should hear their testimony strongly support the motion that will pletely shifts the burden of proof to the about what they think about this bill. be offered by several of our Republican doctor after an arrest has been made. I have been informed that they think it colleagues to refer this bill to the Judi- We criminalize this. The doctor has to is misguided. Let them present the tes- ciary Committee. prove that the procedure was the only timony. Let us have a discussion with Many of us oppose this legislation procedure that could have saved the that. and believe it should not pass in any woman’s life. There are 13,000 physicians of the form. This measure is the latest attack What is more, there is no such af- American Medical Woman’s Associa- by some of our colleagues in their con- firmative defense for cases where the tion who oppose this bill. We should tinuing all-out assault against a wom- woman and her doctor have decided the hear why. Is it the procedure, or is it an’s constitutional right to choose procedure is necessary to preserve the the Federal intrusion? We hear so whether to continue her pregnancy. woman’s health and future fertility. much about the Federal intrusion into The proponents of this misguided legis- The bill before us is a tremendous as- people’s lives. This is the most pro- lation make no secret that their goal is sault on Roe versus Wade. Under Roe, found of Federal intrusions. But again, to ban all abortions. the Supreme Court has consistently let us hear from the doctors. Let us The procedure involved in this case is upheld the constitutional right of hear from the doctors about this issue. extremely rare. It involves tragic and

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 7, 1995 CONGRESSIONAL RECORD — SENATE S16749 traumatic circumstances late in preg- the relationship between patients and that it was the first step in an effort to nancy in cases where the mother’s life their physician. Yet this bill puts the reverse Roe versus Wade and deny or health is in danger. These cases Federal Government directly into the women the constitutional right to should not be dealt with by the crimi- doctor’s office in the most intrusive choose whether or not to bear a child. nal law, and our colleagues are wrong way, by attempting to substitute Con- I believe that a solid bipartisan ma- to try to criminalize them. gress’ political judgment for a doctor’s jority of the Senate supports Roe Who in this Chamber would second- medical judgment. versus Wade and a woman’s right to guess the medical judgment of a physi- Despite the importance and com- choose, and that this legislation will cian if such a case arose affecting a plexity of these issues, this bill has re- ultimately be defeated. member of a Senator’s own family? ceived no consideration whatever by But that is not the issue here. The Who in this Chamber would sacrifice any Senate committee. The bill was motion to send this bill to the Judici- a wife or daughter by rejecting the passed by the House of Representatives ary Committee protects all sides in medical procedure needed to save her last week. It had only 1 day of hearings this controversy. It directs the Judici- life? in the House, and that day could hardly ary Committee to hold hearings on the Surely, the debate by the Senate on be called fair or balanced or objective. bill and report it back to the full Sen- the serious issues raised by this bill A Senate bill similar to the House ate with amendments, if any, in 45 should take place after, not before, the bill was introduced earlier this year by days. Senate Judiciary Committee has had a Senator SMITH. Surely, legislation so far-reaching reasonable opportunity to consider it But it was placed directly on the and unprecedented deserves at least fairly and hear testimony on both Senate Calendar—in an obvious effort that degree of responsible consider- sides. to avoid the kind of committee consid- ation. What are its proponents trying It is sad to see the leadership of the eration it clearly needs. to hide? Senate so bent on meeting the right- This bill is not a resolution to estab- I urge the Senate to refer the bill to wing’s antiabortion litmus tests that lish National Ice Cream Week, or to the Judiciary Committee. they are willing to trample the integ- honor a sports championship team. Mr. SHELBY. Mr. President, I rise in rity of the Senate legislative process. This is a bill that would criminalize a strong support H.R. 1833, the Partial- Clearly, this legislation is not ready particular medical procedure and send Birth Abortion Ban Act. When the for final action by the full Senate at doctors who use it to prison. Founding Fathers drafted the Constitu- this time. It is a travesty of respon- The bill purports to ban a procedure tion of the United States, they made it sible deliberation for some Senators to that the bill’s proponents refer to as abundantly clear that one of the most pretend that it is. It is irresponsible for ‘‘partial-birth abortion.’’ The term was crucial roles of government is to ‘‘se- supporters of this measure to insist on invented by politicians, not doctors. It cure the Blessings of Liberty to our- such action without benefit of regular appears in no medical textbook and has selves and our Posterity.’’ committee consideration. no well-understood meaning in the Yet, over the past few decades, the Extremely important issues are at medical or scientific community. value of life in America has been sub- stake, and the Senate should not be Medical experts should have an op- stantially cheapened, and the oppor- stampeded by the shock tactics of the portunity to testify about any bill that tunity for liberty diminished. The rise shock troops of the extremists who op- presumes to rewrite medical proce- in drive-by shootings, gang warfare, pose all abortions at any stage of preg- dures and ban them, especially when and abandoned babies, all point to the nancy. Congress is defining and naming a med- fact that life in America is not consid- The Senate has a duty to act respon- ical procedure that the medical profes- ered as precious as it used to be. sibly, and to hear from both sides in sion does not recognize. If Congress One of the most gruesome indicators this controversy, especially the views wants to play doctor, it should hear of the decline in the value of life is the of the medical profession. Let us reject from doctors first. practice of partial-birth abortions. A this Alice in Wonderland approach to The Judiciary Committee should also partial-birth abortion is an abortion in serious legislation—sentence first, ver- hear from constitutional scholars which the person performing the abor- dict afterward. about the constitutionality of this bill tion partially delivers a living baby be- Clearly, in light of the far-reaching under Roe versus Wade and subsequent fore killing the baby and completing questions raised by the purpose of this Supreme Court decisions. the delivery. bill and the confusing details of its pro- In addition, the committee should H.R. 1833 will bring an end to this visions, it would be premature for the hear from constitutional scholars grisly procedure. Opponents of this bill Senate to act. about its constitutionality under the try to disguise partial-birth abortions Enactment of this legislation would void-for-vagueness doctrine. As recent as reproductive health services, but a represent the first time in American press reports make clear, this bill’s ter- close examination of the procedure history that Congress has outlawed a minology is so vague that doctors will shows it is no such thing. When per- specific medical procedure. not know what it means or which med- forming a partial-birth abortion, the It would represent the first time in ical procedures are actually being individual first grabs the live baby’s American history that Congress has criminalized. leg with forceps and pulls the baby’s threatened doctors with prison terms Obviously, the proponents of this leg- legs into the birth canal. He then deliv- for practicing their profession. islation are making a political state- ers the baby’s entire body, except for It would threaten the life or health of ment with this bill. the head; jams scissors into the baby’s hundreds of American women each One purpose of their vague language skull and opens them to enlarge the year. is to intimidate as many physicians as hole. Finally, the scissors are removed It would undermine the Supreme possible by threatening them with pos- and a suction catheter is inserted to Court’s landmark 1973 decision in Roe sible prosecution if they perform med- suck the baby’s brains out. This causes versus Wade, which guarantees a wom- ical procedures that could be covered the skull to collapse, at which point an’s right to choose whether or not to by the vague nonmedical language of the dead baby is delivered and dis- continue a pregnancy. In fact, the leg- this bill in its present form. Those who carded. islation is so poorly drafted that it is want to ban all abortions do not mind Mr. President, this procedure is cruel likely to be ruled unconstitutional by this kind of vagueness in a criminal and indefensible, and it is an assault to the Supreme Court under Roe and sub- statute—but the Constitution does. the common values of the American sequent decisions. The Supreme Court is likely, there- people. Listen to what nurse Brenda This issue raises fundamental ques- fore, to rule that this bill is unconsti- Pratt Shafer, who witnessed one of tions about the Federal Government’s tutional twice—once under Roe versus these abortions, had to say in her let- proper role, if any, in the doctor-pa- Wade, and once under the void-for- ter to Congressman TONY HALL: tient relationship. Few aspects of the vagueness doctrine. The baby’s body was moving. His little fin- lives of ordinary citizens are as sen- When this bill was debated in the gers were clasping together. He was kicking sitive and as deserving of privacy as House, its proponents actually boasted his feet. All the while his little head was still

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16750 CONGRESSIONAL RECORD — SENATE November 7, 1995 stuck inside. Dr. Haskell took a pair of scis- amendments in order during the pend- reason about the horror of partial-birth sors and inserted them into the back of the ency of the motion to commit; and fur- abortions which literally rip a child baby’s head. Then he opened the scissors up. ther, that the time between 9:30 and from its mother’s womb. Then he stuck the high-powered suction tube 12:30 tomorrow morning be equally di- As I mentioned earlier, abortion is into the hole and sucked the baby’s brains out. I almost threw up as I watched him do vided between Senator SMITH and Sen- the divisive moral issue of our day. It these things. ator SPECTER. hits at our deepest notions of liberty The PRESIDING OFFICER. Is there Mr. President, several medical ex- and questions our most fundamental objection? perts have recently stated that this is assumptions about life. Mrs. BOXER. Reserving the right to For more than 20 years now, abor- not a medically necessary procedure. object, and I shall not object—as a tion-on-demand has been the law of the The American Medical Association’s matter of fact, I think this is an excel- land. I think it a poor law and I think Council on Legislation—which unani- lent request—I just want to clarify it an immoral one. But for now it is the mously supports banning this proce- with my friend that we are looking at law and it must be observed. dure—also stated that partial-birth a vote around the 12:30 hour. In other The bitter fruits of this law have abortions are ‘‘not a recognized med- words, it is our intention certainly by been the death of over 30 million ical technique’’ and concurred that the 1:30 to have disposed of the motion. Is human begins who will never know ‘‘procedure is basically repulsive.’’ that his understanding of it? what it means to learn and live and I agree this procedure is repulsive; it Mr. SMITH. That is correct. We an- laugh among us. The inhumanity of is the grotesque killing of a new-born ticipate a vote sometime in the vicin- this loss can never be gauged, never be baby. Its feet are out, its hands are out, ity of 12:30, not before 12:30. It could be measured, never fully be felt. We saw its legs are kicking, its arms are reach- 12:45 or 1:30. But there is no intention yesterday humanity’s grief at the fu- ing. It is a new-born baby. Think of to delay matters beyond that. It is our neral of Yitzhak Rabin. A great man what kind of society we live in when intention to have any speakers who was mourned by a grateful world. How we fine and arrest people for affecting may wish to speak this evening or to- much greater the grief of 30 million the habitat of an endangered kangaroo morrow morning on the bill on either lives that will never know peace, never rat but explicitly allow the abhorrent side, and we would divide that time know love, never know the warmth of a practice of sucking out the brains of a equally. father’s embrace or the strength of a new-born baby. Mrs. BOXER. Clearly, I say to my Moreover, most partial-birth abor- mother’s love? friend, if we do decide to go over an- Mr. SMITH. Mr. President, I want to tions are performed for purely elective other 45 minutes, we could equally di- thank the Senator from Missouri for reasons. Martin Haskell, who is one of vide it in the same fashion. I know that his comments on the bill and on the the chief advocates of this procedure, is not in the request, but I am sure procedure and for his comments with stated to AMA News in a July 1993 that is the way we would work to- regard to my involvement in this issue. interview that, ‘‘I’ll be quite frank: gether. I appreciate it. No one in the Senate is most of my abortions are elective in Mr. SMITH. I have no objection to more committed to this issue and a that 20–24 week range. In my particular that. more honorable man. I appreciate very case, probably 20 percent are performed Mrs. BOXER. I have no objection. much his friendship and support on for genetic reasons. And the other 80 The PRESIDING OFFICER. Without this bill. percent are purely elective. * * *’’ objection, it is so ordered. Despite the consensus in the medical Mr. President, I would like to make a Mr. SMITH. Mr. President, in light of couple of comments on this motion to community that these procedures are this agreement, on behalf of the major- not used to save the life of the mother, refer back to the Judiciary Committee. ity leader, I will announce that there As a recap here, bear in mind that the H.R. 1833 contains a safeguard for any will be no more votes during the re- practitioner who reasonably believes House Judiciary Committee held a mainder of today’s session. number of hearings. The Judiciary this procedure is necessary to save the Mr. President, I suggest the absence Committee held a hearing. They had a life of the mother. This legislation is of a quorum. balanced and well-reasoned, and it The PRESIDING OFFICER. The subcommittee markup, a committee merits our support. clerk will call the roll. markup, they had a committee report. Mr. President, we need to return to The assistant legislative clerk pro- The House had a full debate. It passed the premise that life in America is pre- ceeded to call the roll. after that full debate by a vote of 288– cious and sacred. Our Nation’s children Mr. ASHCROFT. Mr. President, I ask 139. And so to say that somehow we are our hope and our future, and gov- unanimous consent that the order for need to refer this bill back to com- ernment at all levels has an incumbent the quorum call rescinded. mittee, back to the Judiciary Com- responsibility to protect these children The PRESIDING OFFICER. Without mittee, is nothing more than a dilatory who cannot protect themselves. I sup- objection, it is so ordered. process. And really the reason for it is port this legislation and urge my col- Mr. ASHCROFT. Mr. President, I quite simple. It is an effort not to have leagues to support it as well. want to begin by thanking the senior to make this vote. It is a reason to Mr. SMITH. Mr. President, I suggest Senator from New Hampshire for his avoid the tough question. It is a reason the absence of a quorum. work on this legislation. Few have for those who basically want abortion The PRESIDING OFFICER. The done more for the unborn than has on demand to not have an opportunity clerk will call the roll. Senator SMITH, I am pleased to join to vote on this procedure, which we The bill clerk proceeded to call the him as an original cosponsor of the bill have all heard is the most outrageous roll. before us today. procedure. Mr. SMITH. Mr. President, I ask In just the past several months our In addition, the AMA Legislative unanimous consent that the order for work has been witness to acts of terror Council voted twice to endorse it. They the quorum call be rescinded. in Oklahoma City and again over the did not need further study. They are The PRESIDING OFFICER. Without weekend in Israel. Each of these cases the experts. We are having a full debate objection, it is so ordered. has been surrounded by voices of con- here on the Senate floor. Mr. SMITH. Mr. President, I ask cern for the harsh rhetoric many feel I just want to point out to my col- unanimous consent that there be de- provoked the atrocities. While I do not leagues, if you do not approve of this bate only during the remainder of to- know how thoroughly I agree with that process, this motion to refer is a hos- day’s consideration of H.R. 1833, and at analysis, it does point out the need for tile motion to that issue. If you refer 9:30 a.m. tomorrow Senator SPECTER be our national debate on even the most this matter to the Judiciary Com- recognized to make a motion to com- divisive issues to be civil, to be rea- mittee, you are saying that you want mit the bill to the Judiciary Com- soned—to win, arguments must not this process to continue. That is really mittee, and that a vote occur on the merely move the heart, they must per- what you are saying. Some will say motion at a time to be determined by suade the mind. that is not true, we want to study it the majority leader after consultation And so today, that is what I want to more and have more hearings. How with the Democratic leader, with no accomplish—to speak with civility and much more study do you have to have

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 7, 1995 CONGRESSIONAL RECORD — SENATE S16751 than what we have already had with here tomorrow and be prepared to ex- dren into the world said, ‘‘Your daugh- the process that we see? Why do we press yourself. Please bear in mind ter is facing a tragic situation. If I do have to study something as obvious as that delaying this accomplishes noth- not perform a particular medical pro- this is? We have all the medical ex- ing except delay. That is what the cedure, she could be dead. I cannot perts, we have all the testimony from American people get so upset with us guarantee that she would live if I use people who worked in abortion clinics, about—that we do not make decisions. any other procedure.’’ who have observed Dr. Haskell and oth- We just debate and talk. You would say, I believe—believe me, ers. We have the nurse’s testimony. We Let me tell you, if debate and words I am not putting words in your mouth, have the testimony of the abortion could solve the world’s problems and this is what I think you would have doctors. We have the testimony of America’s problems, we would sure do said—‘‘Have you double checked? Have other medical doctors. It is an effort to it here on the floor of the Senate be- you triple checked? Have you tried an- make sure that the full Senate does cause we are all good at debating. But other idea? Have you tried another ap- not have to face this matter. that does not get the job done. Do you proach? How do you know? Have you This is one of the things about poli- support this process of taking the life done all the tests?’’ tics and politicians that just turns the of an unborn child—partially-born If the doctor answered those ques- American people off. Whatever your child—or do you not? If you do not, tions to your satisfaction, you would position is, if you feel that taking the then do not vote to delay further the say, ‘‘With the help of God, save my life of a child with only its head in the vote to stop it. That is the issue, pure child.’’ womb is right, then vote that way. Go and simple. I think that is what we are coming ahead and vote that way. That is your The American people, I think, are up down to here—not somebody’s con- right. You have the right. That is your to here, Mr. President, with everybody tract, not somebody’s ideology, but vote and I respect that. dodging issues. I really think they are with a human decision that must be But to delay it further and send it up to here with it. Why do we not just made, tragically, by too many Amer- back to the Judiciary Committee—the face up to it? I would respect that. Let ican families. chairman of the Judiciary Committee us face up to it and just say that we are So we have never before banned a does not want the bill sent back. Yet, going to have an up-or-down vote, we medical procedure as far as we can apparently, Senator SPECTER is going are not going to have these phony verify. This is one where it is used in to try to send it back there against the issues of sending it to the Judiciary these tragic circumstances—and I went wishes of the chairman. I hope that we Committee or maintaining that there through some of those circumstances will respect the wishes of the chairman is not a life of the mother exception —we have people here willing and of the Judiciary Committee, not some when there is one, or that there is de- ready to talk to colleagues, people who member of the committee, who simply formity, or that somehow it is right to have gone through this procedure, who supports this process, who wants this take a child that is deformed from the have made gone through this tragic bill to be delayed. This is the reason womb. Let us deal with the issue at choice, who are happy to talk about it. for it. It is not to have hearings. We hand, which is this process, this proce- They are not political. I do not know can have hearings until hell freezes dure. Let us have an honest up-or-down what party they are in. I can just tell over. It is not going to change any- vote on it, tomorrow hopefully, and get you they are human beings, they suf- thing. How many more hearings do you it to the President’s desk. That is what fered, they struggled, and they want to have to have? How many more people the issue is about. spare other people, frankly, not only do you have to have testifying saying Mr. President, at this time, I yield the pain, but the loss of life that will that we are killing babies this way? the floor. ensue if a lifesaving procedure is, in How many more times do you have to Mrs. BOXER addressed the Chair. fact, outlawed by this Congress. hear it? How many more times do you The PRESIDING OFFICER. The Sen- It is not about ducking issues; it is have to see these charts? How many ator from California. about making informed choices here more times? Mrs. BOXER. Mr. President, I think for us. So I want my colleagues to under- we are winding down debate this How can we make an informed stand when you come in here tomorrow evening and we will have an oppor- choice, I say to my friends and col- and we deal with this issue between the tunity tomorrow to cast a very impor- leagues, if the committee that writes hours of 9:30 and 12:30, that there will tant vote on a motion by Senator the laws about criminalization does be an effort here to send this bill back SPECTER, a Republican Member of the not even have a look at this, and this to Judiciary Committee—not to have Senate, cosponsored by six other Re- would criminalize a procedure that is hearings. That is just a facade. It is to publican Members of the Senate, to used by a doctor in tragic and terrible delay the bill and eventually kill it so take an issue that is precedent-setting, circumstances. We are going to put that we do not have to vote on it. precedent-breaking, and refer it to a that doctor in jail. This greatest delib- You are killing more than a bill if committee that needs to look at it. erative body in the world is not even you do this, you are killing hundreds of Why do I say that? I say that because going to hold a hearing. children. On average, remember, there if this House bill passes the Senate as I am very pleased to see seven Repub- is at least one partial-birth abortion it is, this would be the first time, that lican colleagues put this motion for- per day. So every day we delay it, there anyone around here can verify, that a ward. It is common sense. It is highly is one more child. We are not talking medical procedure has been banned by appropriate. about the debate. I happen to believe the Congress of the United States of I happen to believe if we did this that, after conception, it is a living America—a medical procedure that is willy-nilly and President Clinton was child. That is not what we are talking used in the most tragic, most difficult not there and there was another Presi- about. We have been through this be- circumstances, where a life is at stake, dent who did not believe that it is im- fore. I will not repeat it all. But we are a life of the mother, with serious portant to save the life of the mother talking about a child in the birth health implications for the mother. or protect her health and another canal, and one a day is killed. As one of my constituents who called President signed this, women would So I just say to my colleagues, is during the debate said, there is more die. there really anything that you are than one baby involved here, because Why do I say that? Not to be sensa- going to hear or see in the Judiciary the mother was somebody’s baby at tionalist. I do not have charts. I do not Committee hearings that is going to one time. have pictures. But we know this is used change your mind? You either support As I said, I ask Senators not to dodge in tragic circumstances. I think we this procedure or you do not. If you do this at all, but before they vote, close should come together as a Senate, re- not support it, do not delay it by send- their eyes and think it was their gardless of our view on this issue, and ing the thing back to the Judiciary daughter—their daughter—who they send this to the Judiciary Committee. Committee. adore, where there was an emergency There is a time certain. It is 45 days. So I encourage my colleagues, if you call and the doctor they respected and It could be sooner. It could be sooner. have something to say on this, to be admired who had brought other chil- That is an outside date.

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16752 CONGRESSIONAL RECORD — SENATE November 7, 1995 I just hope colleagues will consider be the only procedure to save a wom- Both the Secretary and my friend this, recognize the precedent-setting an’s life, and a doctor uses it and the from Arkansas continue, as I have indi- nature of this House bill, and vote to doctor does wind up in jail because cated, to refer to Newmont as a foreign send it to the Judiciary Committee, there is no exception for the life of the company taking title to U.S. land and which is a very, very fair committee to mother in this radical legislation, he resources. First of all, understand, send it to in terms of its membership. would be serving time for a political Newmont Mining Co., was formed in We get a fair hearing. Hear from the crime. He would be in there for a polit- the United States, in the State of Dela- doctors. ical reason—somebody’s agenda. I just ware, in 1921. The name Newmont Do not have Senators come on the hope that we can come together. comes from the two areas where the floor who never spent a day in medical I yield the floor. I suggest the ab- company at that time was operating— school describe a procedure, tell you sence of a quorum. New York and Montana. Therefore, the how it feels when a baby comes down The PRESIDING OFFICER. The name Newmont. the birth canal. I know how that feels. clerk will call the roll. Putting aside, Mr. President, the I can talk about that. But I am not a The assistant legislative clerk pro- larger debate that foreign ownership doctor. We are not doctors. We are cer- ceeded to call the roll. should not, I believe should not even be tainly not God. Mr. REID. Mr. President, I ask unan- an issue, when you understand that I believe that we need to do the pru- imous consent that the order for the Newmont Mining Co. has invested over dent thing here: Send this to the Judi- quorum call be rescinded. $1.5 billion, now approaching $2 billion ciary Committee. They will look at The PRESIDING OFFICER (Mr. JEF- in its Nevada operations, and has paid some amendments. Yes, there is an af- FORDS). Without objection, it is so or- about $700 million in wages and about firmative defense for a physician. If he dered. $600 million in payroll, property, sales uses this procedure because he thinks f and net proceeds taxes, including Fed- under the Hippocratic oath, this is the THE MINERALS ISSUE eral income taxes since they have been only way he can save the life of this there—not bad—Newmont Mining Co. mother, he has committed a criminal Mr. REID. Mr. President, I have been is not now and never has been a foreign act—he or she, as the case may be. here many times discussing a very im- company. That physician—in the bill—yes, can portant issue for the State of Nevada, Newmont Mining Co. stock has been go to the court and defend himself or and that is mining. This statement publicly traded on the New York Stock herself and explain why he did this. today is a follow up of the conference Exchange since 1925. If anyone in this What kind of society is this where we which was completed with the House in room decided they wanted to go buy will haul a doctor into a courtroom for recent days. It was during that con- some Newmont stock, they could walk saving a woman’s life? That is not a so- ference that I was reminded of the old into any stock dealer in the United ciety that is a good society. That is not ‘‘Dragnet’’ program where Jack Webb, States and purchase shares of a society that looks after its people. who was Joe Friday on the program, Newmont stock. No one is asked for We are not doctors here. We are not when interviewing the witnesses, would proof of U.S. citizenship or should they God. We have to do the best we can to say, ‘‘Just the facts ma’am,’’ or ‘‘Just be, when purchasing stock in U.S. com- make wise and sound decisions. the facts, sir.’’ Many times we need panies. It always strikes me as being very this as we debate mining. At the present time, records show strange when we hear States’ rights ad- As the Chair knows, the debate on that about 95 percent of Newmont’s vocated on this floor of the Senate day this issue has centered in recent years stockholders are U.S. citizens or insti- in and day out. We even voted in this between the Senator from Nevada and tutions or U.S. residents. The largest Senate, the Republicans did, with a my good friend, the senior Senator single stockholder in Newmont Mining couple of exceptions—not many—to from the State of Arkansas. And dur- Co., owning some 13 percent of the completely abolish nursing home ing the course of that debate, and the stock, is a man by the name of Mr. standards, and when we won a vote to conversations and the discussion we George Soros, who has a very inter- restore them, that was overturned by had during the conference, my friend esting background—a man who escaped the Roth amendment, which says there from Arkansas on a number of occa- from Communist Hungary in 1956, came is a waiver in the process so States sions referred to one of the big employ- to America, settled in New York where could have no Federal standards for ers in Nevada, the Newmont Mining he made a fortune. nursing homes. Why? They said, ‘‘Oh, Co., as a foreign corporation. I wanted Mr. Soros owns not only 13 percent of we trust the States.’’ to make sure that I was right. I on a Newmont Mining Co. but various pieces Well, my friends, under Roe versus number of occasions questioned my and sometimes the whole of various Wade the States control abortion after friend from Arkansas. U.S. companies. No shareholder owns the first trimester. That is clear. I I think it is important that we un- more than 13 percent of the stock that have printed in the RECORD a list of derstand the motives for raising this Mr. Soros owns in Newmont Mining Co. every State and all the restrictions in issue are clear—the desire of some to The next largest shareholders are those States. This would wipe out all arouse fear that somehow the minerals very important institutions in the those restrictions. industry has been taken over by people United States: the Ohio Public Em- I find it amazing that some of my Re- from outside the United States. The ployees Retirement System; the State publican friends, and certainly not fact of the matter is that the vast, vast of Wisconsin Investment Board, which all—some—would argue States rights majority of investors in the mineral in- manages pensions for Wisconsin State in repealing Federal standards for dustry are American citizens. government retirees, is a large holder nursing homes, but then come right Mr. President, Newmont Mining Co., of Newmont stock; the State of New around and say, ‘‘We do not trust the as I have indicated in recent weeks, in York Employees Retirement Fund States when it comes to late-term recent years, recent months, has been holds a very large block of Newmont abortion.’’ the target of some very negative state- stock; Fidelity Investment Manage- This is about a whole other agenda. ments and rhetoric by the Secretary of ment of Boston, the largest mutual That is why I hope we can rise above a the Interior, Bruce Babbitt, and the fund organization in the United States, political agenda—this is a political senior Senator from Arkansas. owns a large block of Newmont stock; agenda—and do what is right for the The latest tirade that was offered Ark Assessment Management, a New American people. against this company was the fact that York City pension management firm, Let me say this. We do not put people they had been issued a patent by the owns a large block of Newmont stock. in jail for political crimes in this coun- Interior Department of some 118 acres Mr. President, this information is try. This is what is so great and unique in the State of Nevada. readily available to be obtained either in America. We do not put people in Now, in the State of Nevada, keep in by the Secretary of Interior or my good jail for political crimes. mind, we are a State of approximately friend from the State of Arkansas. I But I honest to God believe this, that 72 million acres, and this was a patent think the time has come that we if we outlaw a procedure which might of a little over 100 acres. should stop attempting to degrade, in

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 7, 1995 CONGRESSIONAL RECORD — SENATE S16753 any way belittle this fine mining com- EXECUTIVE AND OTHER law, reports relative to the 1993 annual pen- pany that has invested almost $2 bil- COMMUNICATIONS sion report; to the Committee on Govern- mental Affairs. lion in the State of Nevada. The following communications were I think it is time, as I stated at the EC–1590. A communication from the Chair- laid before the Senate, together with man of the Council of the District of Colum- start of this discussion, we deal just accompanying papers, reports, and doc- bia, transmitting, pursuant to law, copies of with the facts. Let us deal just with uments, which were referred as indi- D.C. Act 11-114 adopted by the Council on Oc- the facts. As Jack Webb, I repeat, the cated: tober 10, 1995; to the Committee on Govern- mental Affairs. Joe Friday of the ‘‘Dragnet’’ series, EC–1577. A communication from the Under EC–1591. A communication from the Dis- said, we need to deal with the facts, Secretary of Defense, transmitting, pursuant trict of Columbia Auditor, transmitting, pur- have this discussion on the facts, not to law, the report of a violation of the suant to law, a revised report entitled rhetoric that has no bearing on the Antideficiency Act, case number 95-03; to the ‘‘Audit of the District of Columbia’s Recy- issues. Committee on Appropriations. cling Program’’; to the Committee on Gov- Mr. President, I suggest the absence EC–1578. A communication from the Under Secretary of Defense, transmitting, pursuant ernmental Affairs. of a quorum. EC–1592. A communication from the Spe- The PRESIDING OFFICER. The to law, the report of a violation of the Antideficiency Act, case number 92-17; to the cial Counsel of the United States, transmit- clerk will call the roll. Committee on Appropriations. ting, pursuant to law, a report relative to The legislative clerk proceeded to EC–1579. A communication from the Dep- the fiscal year 1995 audit and investigative call the roll. uty and Acting Chief Executive Officer of the activities of the Office of Special Counsel; to Mr. CRAIG. Mr. President, I ask Resolution Trust Corporation and the Execu- the Committee on Governmental Affairs. unanimous consent that the order for tive Director of the Thrift Depositor Protec- EC–1593. A communication from the Direc- tor of the U.S. Trade and Development Agen- the quorum call be rescinded. tion Oversight Board, transmitting jointly, pursuant to law, the report of unaudited fi- cy, transmitting, pursuant to law, the report The PRESIDING OFFICER. Without of the annual audit for fiscal year 1995; to objection, it is so ordered. nancial statements for the six-month period ending September 30, 1995; to the Committee the Committee on Governmental Affairs. f on Banking, Housing, and Urban Affairs. EC–1594. A communication from the Execu- tive Director of the Marine Mammal Com- MORNING BUSINESS EC–1580. A communication from the Sec- retary of Transportation, transmitting, pur- mission, transmitting, pursuant to law, the Mr. CRAIG. Mr. President, I unani- suant to law, the annual report on transpor- annual report on audits and investigations mous consent that there now be a pe- tation security; to the Committee on Com- during fiscal year 1995; to the Committee on riod for the transaction of routine merce, Science, and Transportation. Governmental Affairs. EC–1595. A communication from the Execu- morning business with Senators per- EC–1581. A communication from the Ad- ministrator of the Energy Information Ad- tive Director of the Committee For Purchase mitted to speak therein for up to 5 From People Who Are Blind or Severely Dis- minutes each. ministration, the Department of Energy, transmitting, pursuant to law, the report en- abled, transmitting, pursuant to law, the re- The PRESIDING OFFICER. Without titled, ‘‘Emissions of Greenhouse Gases in port on the internal controls and financial objection, it is so ordered. the United States, 1987-1994’’; to the Com- systems in effect during fiscal year 1995; to the Committee on Governmental Affairs. f mittee on Energy and Natural Resources. EC–1582. A communication from the Dep- EC–1596. A communication from the Presi- MESSAGES FROM THE PRESIDENT uty Associate Director for Compliance, Roy- dent and Chief Executive Officer of the Messages from the President of the alty Management Program, Minerals Man- United States Enrichment Corporation, transmitting, pursuant to law, the report on United States were communicated to agement Service, Department of the Inte- rior, transmitting, pursuant to law, notice of the internal controls and financial systems the Senate by Mr. Thomas, one of his in effect during fiscal year 1995; to the Com- secretaries. the intention to make refunds of offshore lease revenues where a refund or recoupment mittee on Governmental Affairs. f is appropriate; to the Committee on Energy f EXECUTIVE MESSAGES REFERRED and Natural Resources. EC–1583. A communication from the Chair- REPORTS OF COMMITTEES As in executive session the Presiding man of the Advisory Council on Historic The following reports of committees Officer laid before the Senate messages Preservation, transmitting, pursuant to law, were submitted: from the President of the United the report for fiscal years 1994-1995; to the Committee on Energy and Natural Re- By Mr. CHAFEE, from the Committee on States submitting sundry nominations Environment and Public Works, with amend- which were referred to the Committee sources. EC–1584. A communication from the Chair- ments: on Armed Services. man of the Advisory Council on Historic S. 1316. A bill to reauthorize and amend (The nominations received today are Preservation, transmitting, pursuant to law, title XIV of the Public Health Service Act printed at the end of the Senate pro- the report for fiscal years 1994 and 1995; to (commonly known as the ‘‘Safe Drinking ceedings.) the Committee on Energy and Natural Re- Water Act’’), and for other purposes (Rept. No. 104–169). f sources. EC–1585. A communication from the Sec- f MESSAGES FROM THE HOUSE retary of the Interior, transmitting, pursu- INTRODUCTION OF BILLS AND ENROLLED BILLS SIGNED ant to law, the annual report on reasonably identifiable Federal and State expenditures JOINT RESOLUTIONS At 2:36 p.m., a message from the for endangered species in fiscal year 1993; to House of Representatives, delivered by The following bills and joint resolu- the Committee on the Environment and Pub- tions were introduced, read the first Ms. Goetz, one of its reading clerks, an- lic Works. nounced that the Speaker has signed EC–1586. A communication from the Assist- and second time by unanimous con- the following enrolled bills: ant Secretary of State for Legislative Af- sent, and referred as indicated: S. 457. An act to authorize the Secretary of fairs, transmitting, pursuant to law, notice By Mr. KYL (for himself and Mr. FAIR- the Army to provide technical assistance to of a Presidential determination relative to CLOTH): local interests for planning the establish- disaster relief assistance to Ecuador; to the S. 1397. A bill to provide for State control ment of a regional water authority in north- Committee on Foreign Relations. over fair housing matters, and for other pur- eastern Ohio. EC–1587. A communication from the Sec- poses; to the Committee on Banking, Hous- H.R. 1715. An act respecting the relation- retary of Transportation, transmitting, pur- ing, and Urban Affairs. ship between workers’ compensation benefits suant to law, the report on oil pollution pre- By Mr. BREAUX (for himself and Mr. and the benefits available under the Migrant vention training; to the Committee on the BROWN): and Seasonal Agricultural Worker Protec- Environment and Public Works. S. 1398. A bill to increase the penalty for tion Act. EC–1588. A communication from the Chief trafficking in powdered cocaine to the same H.R. 1905. An act making appropriations Financial Officer of the National Aero- level as the penalty for trafficking in crack for energy and water development for the fis- nautics and Space Administration (NASA), cocaine, and for other purposes; to the Com- cal year ending September 30, 1996, and for transmitting, pursuant to law, the report on mittee on the Judiciary. other purposes. mixed waste activities; to the Committee on By Mr. DORGAN (for himself, Mr. the Environment and Public Works. EXON, Mr. ROCKEFELLER, Mr. KERREY, The enrolled bills were subsequently EC–1589. A communication from the Chair- and Mr. CONRAD): signed by the President pro tempore person of the Department of the Navy Re- S. 1399. A bill to amend title 49, United (Mr. THURMOND). tirement Trust, transmitting, pursuant to States Code, to ensure funding for essential

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16754 CONGRESSIONAL RECORD — SENATE November 7, 1995 air service program and rural air safety pro- however, is a health and safely code available to the Department of Housing and grams, and for other purposes; to the Com- specifically drafted by engineers and Urban Development under this Act to carry mittee on Commerce, Science, and Transpor- architects to provide guidance to mu- out the Fair Housing Act unless the Depart- tation. nicipalities on the maximum number ment complies with the amendment made by By Mrs. KASSEBAUM (for herself, Mr. subsection (a). of individuals who may safety occupy DODD, and Mr. JEFFORDS): SEC. 2. EFFECTIVE DATE. S. 1400. A bill to require the Secretary of any building. It was never intended to This Act and the amendments made by Labor to issue guidance as to the application alter the minimum number of family this Act shall apply to cases filed on or after of the Employee Retirement Income Secu- members HUD could require owners to December 31, 1995. rity Act of 1974 to insurance company gen- accept under fair housing law. eral accounts; to the Committee on Labor The code was adopted without any ARIZONA STATE LEGISLATURE, and Human Resources. consultation, public hearings, or anal- Phoenix, AZ, October 16, 1995. f ysis of its impact on the Nation’s rent- Hon. JOHN KYL, U.S. Senate, STATEMENTS ON INTRODUCED al housing industries. That is wrong. Secretary Cisneros, through HUD’s Russell Building, BILLS AND JOINT RESOLUTIONS Washington, DC. general counsel, has circumvented the DEAR SENATOR KYL: Thank you for your By Mr. KYL (for himself and Mr. Federal Government’s rulemaking prompt and decisive action regarding the FAIRCLOTH): process by imposing this standard issue of federal intervention in the area of S. 1397. A bill to provide for State through an advisory without public occupancy standards as outlined in our joint control over fair housing matters, and hearings. letter of August 15, 1995. As you know, the for other purposes; to the Committee Mr. President, the Manufactured issue has been a very divisive one in Arizona, on Banking, Housing, and Urban Af- Housing Institute, Arizona Association and has now spread to other states nation- fairs. wide. of Homes and Housing for the Aging, We believe that your proposed legislation THE KYL-FAIRCLOTH STATE FAIR HOUSING LAWS and the Arizona Multihousing Associa- will resolve the issue by reaffirming the RECOGNITION ACT OF 1995 tion endorse the bill. Arizona Gov. Fife right of each state to set standards that it Mr. KYL. Mr. President, I rise to in- Symington, speaker of the Arizona deems most appropriate. We especially ap- troduce the Kyl-Faircloth State Fair House of Representatives Mark Killian, plaud your requirement that HUD shall not Housing Laws Recognition Act of 1995. and president of the Arizona Senate establish a national occupancy standard, but I thank Senator FAIRCLOTH for his co- John Greene have sent me a letter in defer to authorized state agencies in the ad- sponsorship of this bill, and his leader- support of this bill. I ask unanimous ministration of cases involving occupancy standards. ship in States rights issues. I am consent that their letter be printed in We fully support your legislation and by pleased to introduce this amendment the RECORD. this letter have notified other Members of which will prohibit the Department of States and localities should establish the Arizona delegation of our support. We Housing and Urban Development [HUD] occupancy standards, not a Federal bu- appreciate your leadership on this issue and from enforcing a complaint of discrimi- reaucracy. Several States have an oc- compliment your excellent staff for their nation on the basis of a housing pro- cupancy standard including my own work on the bill. If we may assist you in any vider’s occupancy standard, and there- home State, Arizona. And it has way to promote the passage of this legisla- by transferring from HUD to the States worked well. It is time we begin re- tion, please let us know. Sincerely, and localities the authority to set oc- turning a certain amount of authority FIFE SYMINGTON, cupancy standards. back to the States. Public housing laws Governor, State of Ari- Mr. President, an occupancy stand- are a good place to start. That is why zona. ard specifies the number of people who I introduce this bill which blocks JOHN GREENE, may live in a residential rental unit. In HUD’s attempt to set a national occu- President, Arizona July of this year, HUD general counsel pancy standard, and transfers that au- Senate. Nelson Diaz issued a memorandum thority to the States and cities. I urge MARK W. KILLIAN, which, in effect, supplants the tradi- my colleagues to cosponsor this bill. I Speaker, Arizona House of Represent- tional two-per-bedroom occupancy ask unanimous consent that the full atives. standard, and may force housing own- text of the bill be printed in the ers to accept six, seven, eight, or even RECORD. By Mr. BREAUX (for himself and nine people in a two-bedroom apart- There being no objection, the mate- Mr. BROWN): ment. HUD should not be establishing rial was ordered to be printed in the S. 1398. A bill to increase the penalty national occupancy standards. RECORD, as follows: for trafficking in powdered cocaine to HUD was created in 1965 with the S. 1379 the same level as the penalty for traf- best of intentions: To build and fund Be it enacted by the Senate and House of ficking in crack cocaine, and for other housing for the poor. But the agency’s Representatives of the United States of America purposes; to the Committee on the Ju- regulations have gone far beyond the in Congress assembled, diciary. SECTION 1. RECOGNITION OF STATE FAIR HOUS- scope of that intent. Housing is first FEDERAL CRIME PENALTIES LEGISLATION and foremost a local issue. The Federal ING LAWS. ∑ (a) AMENDMENT OF FAIR HOUSING ACT.— Mr. BREAUX. Mr. President, I was Government should play a limited role Section 807(b)(1) of the Fair Housing Act (42 honestly shocked to learn of the huge in it. State officials are closer to the U.S.C. 3607(b)(1)) is amended— difference that exists between the Fed- situation and can tailor standards to (1) by striking ‘‘(b)(1) Nothing’’ and insert- eral penalties for trafficking powder meet the needs of their communities. ing ‘‘(b)(1)(A) Nothing’’; and cocaine and for trafficking the exact HUD has accepted a two-per-bedroom (2) by adding at the end the following: ‘‘(B) A State law regarding the number of same amount of crack cocaine. standard as reasonable in enforcing fair occupants permitted to occupy a dwelling— Right now, selling 5 grams of crack housing discrimination laws under the ‘‘(i) shall be presumptively reasonable for cocaine results in the same 5-year man- Fair Housing Act. Most public housing the purposes of determining familial status datory minimum prison term as selling units subscribe to that standard. That discrimination in residential rental housing; 500 grams of powder cocaine. Selling 50 is, until Henry Cisneros became Sec- and grams of crack cocaine gets you a 10- retary of HUD. Secretary Cisneros and ‘‘(ii) shall not form the basis of any action year minimum sentence, while you’d by the Secretary to withdraw equivalency his then Deputy, Roberta Achtenberg, status from any State, locality, or agency. have to sell 5,000 grams of powder co- disagreed with the traditional occu- ‘‘(C) The Secretary shall not establish a de caine to get the same 10 years in pris- pancy standard, arguing that it dis- jure or de facto national occupancy code. on. criminates against larger families. ‘‘(D) Each State, locality, or agency with While these penalties are vastly dif- The new HUD standard is without HUD equivalency status shall have complete ferent—100 times greater if you sell factual foundation. Mr. Diaz has used and final control over fair housing cases in- crack cocaine—the damage caused by the Building Officials and Code Admin- volving occupancy standards within its juris- these criminal acts are the same. Lives diction without the intervention of the Sec- istrators [BOCA] Property Mainte- retary.’’. are lost, families are destroyed, careers nance Code as a foundation for his oc- (b) ENFORCEMENT.—Notwithstanding any are ruined, and our Nation itself is se- cupancy standard. The BOCA code, other provision of this Act, no funds shall be riously threatened.

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 7, 1995 CONGRESSIONAL RECORD — SENATE S16755 Tough penalties are necessary to EAS support is the only means to deregulation in the early 1980’s. The in- send a clear signal that the United maintaining some kind of air service. visible hand of competition replaced States will not tolerate selling illegal These communities are at least 100 the assuring hand of Government in drugs. The answer to the problem pre- miles from the nearest airport which the aviation market place. As a result, sented by this wide difference in pen- offers jet service. some areas of the country have seen alties is not to lower penalties for sell- Over the past few years, the only lower prices and more choices in serv- ing crack cocaine but to increase the constant in the EAS Program has been ice. In other parts of the country, penalties for selling powder cocaine. funding cuts. Each year, the adminis- namely in rural areas, we have seen Therefore, my legislation is very tration proposes to eliminate EAS and dramatic losses in air service and high- simple and very clear. Trafficking— those of us who understand the critical er prices. that is the manufacture, distribution importance of this program are forced It is my view that our Nation’s small or sale—of 50 grams of powder cocaine to fight for funding. The dramatic cuts communities, especially in rural areas, will result in a 10-year minimum sen- for fiscal year 1996 should be a sign have not fared well under deregulation: tence—the same as dealing in crack co- that the current budget process is not One hundred sixty-seven nonhub com- caine. working for EAS and without the es- munities have lost all air service since Manufacture, distribution or sale of 5 tablishment of a permanent financing 1978 while only 26 have gained new grams of powder cocaine will result in mechanism, the future is too uncertain services. Several hundred more have a 5-year minimum sentence—the same for the rural communities that rely had jet service replaced by high-cost as dealing in crack cocaine. upon EAS support. turboprop or piston aircraft. The result I’m pleased that Senator HANK This legislation that would provide a for small communities has been a dete- BROWN of Colorado has joined me as a permanent financing mechanism for rioration of the quality of service an principle cosponsor of this important the EAS Program. It seems to me that increase in prices. legislation.∑ the EAS Program ought to be removed The legislation will secure a reliable from annual appropriations battles and source of financing for the EAS Pro- By Mr. DORGAN (for himself, Mr. be given more secure financing. Look- gram. The EAS Program is essential to EXON, Mr. ROCKEFELLER, Mr. ing at the trend over the past few year, our Nation’s national transportation KERREY, and Mr. CONRAD): it is unrealistic for anyone to expect system and this legislation will ensure S. 1399. A bill to amend title 49, the EAS Program to last very long un- that this program continues. The legis- United States Code, to ensure funding less we develop a new financing mecha- lation has been endorsed by Commu- for essential air service program and nism to sustain the program. nicating for Agriculture. rural air safety programs, and for other Under this legislation, a 10-cent fee I urge my colleagues to support this purposes; to the Committee on Com- would be imposed on every legislation and I ask unanimous con- merce, Science, and Transportation. enplanement. The revenue raised would sent that the full text of the bill be THE RURAL AIR SERVICE SURVIVAL ACT fund the EAS Program. The legislation printed in the RECORD. ∑ Mr. DORGAN. Mr. President, today I would ensure that any administrative There being no objection, the bill was am introducing legislation that will cost to carriers in collecting this small ordered to be printed in the RECORD, as help preserve air service in rural areas fee would be reimbursed. Any unobli- follows: and save the Essential Air Service gated funds would be used to enhance S. 1399 [EAS] Program for the future. I am the airport improvement program, di- Be it enacted by the Senate and House of Rep- pleased that my colleagues Senator recting that any excess funds be made resentatives of the United States of America in EXON and Senator ROCKEFELLER are available for small community airports Congress assembled, joining me as original cosponsors of for maintenance projects. SECTION 1. SHORT TITLE. the Rural Air Service Survival Act. This legislation would assure pas- This Act may be cited as the ‘‘Rural Air Last week, the Senate passed the sengers and the industry that this fi- Service Survival Act’’. conference report for the Transpor- nancing mechanism will only be used SEC. 2. FINDINGS. tation appropriations bill which cut for its intended purpose. The price of a The Congress finds that— the EAS Program by one-third, reduc- dime will ensure that all areas of our (1) air service in rural areas is essential to ing appropriations from $33 million in country are accessible by air travel. It a national transportation network; fiscal year 1995 to $22 million in fiscal seems to me that we need to work to (2) the rural air service infrastructure sup- year 1996. Under these reductions, doz- ports the safe operation of all air travel; restructure the EAS Program and save (3) rural air service creates economic bene- ens of communities will experience re- air service in rural areas and this ap- fits for all air carriers by making the na- ductions in air service. As my col- proach would provide a solution pro- tional aviation system available to pas- leagues understand, the EAS Program tected from annual Washington budget sengers from rural areas; provides support to maintain air serv- battles. (4) rural air service has suffered since de- ice in remote rural communities that I realize that given the present budg- regulation; would have no air service at all. EAS is et situation, those of us who really (5) the essential air service program under a critical program that plays an essen- care about programs like EAS have to the Department of Transportation— (A) provides essential airline access to tial role in the economic viability for think of new solutions. We cannot con- rural and isolated rural communities many rural communities. It is also an tinue to put new wine into old throughout the Nation; indispensable component to our na- wineskins. We need to develop new fi- (B) is necessary for the economic growth tional transportation system, con- nancing mechanisms and make the and development of rural communities; necting remote rural areas with hub most of limited Federal funding. (C) is a critical component of the national airports. If the EAS Program is termi- Our transportation system in this transportation system of the United States; nated—as some in the Congress and in country is vital to our economic health and the administration have proposed— and national security. It is of critical (E) has endured serious funding cuts in re- cent years; and then dozens of rural communities will importance that, despite tight budgets, (6) a reliable source of funding must be es- lose the only air service available to we finds ways to maintain a truly na- tablished to maintain air service in rural them. In the grand scheme of things, tional transportation system that areas and the essential air service program. the EAS Program does not amount to a links every region and State in the SEC. 3. FUNDING FOR SMALL COMMUNITY AIR lot of money, but to the over 60 rural union. That is why we need to save the SERVICE. communities dependent upon EAS, it EAS Program and establish its own fi- Section 40117 of title 49, United States determines the very survival of air nancing mechanism. Code, is amended by adding at the end there- service. It seems to me that we need to make of the following: When the airline industry was de- some changes in aviation policy in this ‘‘(j) ADDITIONAL FEE.— ‘‘(1) IMPOSITION OF FEE.—Each eligible regulated, the EAS Program was estab- country and stop ignoring the fact that agency that may impose a passenger facility lished as a means to ensure rural areas rural regions are suffering a serious de- fee under this section shall impose a 10-cent continue to have air service. In several cline in air service. The airline indus- fee under this subsection for each rural communities in North Dakota, try has undergone many changes since enplanement to provide funds to support a

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16756 CONGRESSIONAL RECORD — SENATE November 7, 1995 national aviation system, rural airspace Service ruling, which stated that as- the Treasury to mint coins in com- safety, and rural air service. sets held in an insurance company’s memoration of the 200th anniversary of ‘‘(2) FEE TO BE SEPARATELY ACCOUNTED general account were not considered the death of George Washington. FOR.—The proceeds of fees imposed under S. 1028 this subsection shall be accounted for sepa- plan assets under the Employee Retire- rately from the proceeds of any fee imposed ment Income Security Act [ERISA]. In At the request of Mrs. KASSEBAUM, under subsection (b). December 1993, however, the Supreme the names of the Senator from Florida ‘‘(3) FEES TO BE USED FOR SMALL COMMUNITY Court ruled in John Hancock versus [Mr. GRAHAM] and the Senator from AIR SERVICE.— Harris Trust that this long-standing Ohio [Mr. DEWINE] were added as co- ‘‘(A) IN GENERAL.—Fees collected under practice of including pension assets as sponsors of S. 1028, a bill to provide in- this subsection shall be immediately made part of a general account could violate creased access to health care benefits, available to the Secretary for use in carrying certain provisions of ERISA. The Court to provide increased portability of out the essential air service program under subchapter II of chapter 417 of this title. recognized that its decision created the health care benefits, to provide in- ‘‘(B) DISPOSITION OF EXCESS FUNDS.—Any possibility of serious disruptions in the creased security of health care bene- funds that are not obligated or expended at way pension assets were managed. As fits, to increase the purchasing power the end of the fund’s fiscal year for the pur- such, it commented that problems aris- of individuals and small employers, pose of funding the essential air service pro- ing from the decision should be ad- and for other purposes. gram under such subchapter shall be made dressed legislatively or administra- S. 1181 available to the Federal Aviation Adminis- tively. At the request of Mr. STEVENS, the tration for use in improving rural air safety name of the Senator from Nebraska under subchapter I of chapter 471 of this title The Department of Labor is working and shall be used exclusively for projects at closely with all parties to develop [Mr. EXON] was added as a cosponsor of rural airports under subchapter II of chapter rules, consistent with Harris Trust, for S. 1181, a bill to provide cost savings in 417 of this title. dealing with prospective insurance the medicare program through cost-ef- ‘‘(C) COMPENSATION OF AIR CARRIERS FOR company activities. However, without fective coverage of positron emission ACTING AS COLLECTION AGENTS.—The Sec- additional legislative authority, the tomography (PET). retary shall prescribe regulations under Department of Labor may be unable to S. 1233 which any air carrier or its agent required to grant protection for retroactive activi- At the request of Ms. MIKULSKI, the collect fees imposed under this section is permitted to retain, out of the amounts col- ties which might expose insurance name of the Senator from Illinois [Mr. lected, an amount equal to the necessary and companies to significant liability and SIMON] was added as a cosponsor of S. reasonable expenses (reduced by any interest threaten the security of pension assets. 1233, a bill to assure equitable coverage earned on the deposit of such amounts dur- Mr. President, in the nearly 20 years and treatment of emergency services ing the period between collection and remit- before the Supreme Court’s decision in under health plans. tance) incurred in collecting and handling Harris Trust—and in the 2 years since S. 1340 the fees.’’. that decision—there has been little evi- At the request of Mr. DASCHLE, the SEC. 4. SECRETARY MAY REQUIRE MATCHING dence that plan participants have been names of the Senator from Wyoming LOCAL FUNDS. Section 41737 of title 49, United States harmed by the insurance industry’s [Mr. THOMAS] and the Senator from Code, is amended by adding at the end there- long-standing practice of managing Utah [Mr. HATCH] were added as co- of the following: benefits, or that the insurance industry sponsors of S. 1340, a bill to require the ‘‘(f) MATCHING FUNDS.—No earlier than 2 is especially prone to the problems of President to appoint a Commission on years after the date of enactment of the asset mismanagement that gave rise to Concentration in the Livestock Indus- Rural Air Service Survival Act, the Sec- ERISA. In fact, there were no enforce- try. retary may require an eligible agency, as de- ment proceedings initiated by the De- S. 1370 fined in section 40117(a)(2) of this title, to partment of Labor against insurers re- provide matching funds of up to 10 percent At the request of Mr. CRAIG, the for any payments it receives under this sub- sulting from the mismanagement of name of the Senator from Kentucky chapter.’’. pension assets prior to the Harris Trust [Mr. MCCONNELL] was added as a co- SEC. 5. EFFECTIVE DATE. decision. sponsor of S. 1370, a bill to amend title The amendments made by this section I believe, however, that our failure to 10, United States Code, to prohibit the shall take effect on the first day of October address this issue could threaten the imposition of any requirement for a next occurring after the date of enactment of safety and security of pension assets by member of the Armed Forces of the this Act.∑ exposing the insurance industry to mil- United States to wear indicia or insig- lions of dollars of retroactive liability. nia of the United Nations as part of the By Mrs. KASSEBAUM (for her- Therefore, I believe we should consider, military uniform of the member. self, Mr. DODD, and Mr. JEF- and enact, this important legislation FORDS): f as quickly as possible. I look forward S. 1400. A bill to require the Sec- to working with my cosponsors, and NOTICE OF HEARING retary of Labor to issue guidance as to with other Members of this body, to do COMMITTEE ON ENERGY AND NATURAL the application of the Employee Re- so.∑ RESOURCES tirement Income Security Act of 1974 Mr. MURKOWSKI. Mr. President, I to insurance company general ac- f would like to announce for the infor- counts; to the Committee on Labor and ADDITIONAL COSPONSORS mation of the Senate and the public Human Resources. that a hearing has been scheduled be- S. 881 THE ERISA CLARIFICATION ACT OF 1995 fore the Energy and Natural Resources ∑ Mrs. KASSEBAUM. Mr. President, I At the request of Mr. PRYOR, the Committee to review the decision- rise today along with Senator DODD name of the Senator from Georgia [Mr. making process of the Department of and Senator JEFFORDS, to introduce NUNN] was added as a cosponsor of S. the Interior in preparing and releasing the ERISA Clarification Act of 1995. 881, a bill to amend the Internal Rev- the U.S. Geological Survey [USGS] 1995 This legislation is designed to pro- enue Code of 1986 to clarify provisions estimates for the 1002 areas of the Arc- tect pension plan participants and relating to church pension benefit tic National Wildlife Refuge [ANWR]. beneficiaries by removing the threat of plans, to modify certain provisions re- The hearing will take place on Tues- retroactive liability based on the way lating to participants in such plans, to day, November 14 at 9:30 a.m. in room life insurance companies have histori- reduce the complexity of and to bring SD–366 of the Dirksen Senate Office cally organized and managed pension workable consistency to the applicable Building in Washington, DC. assets. Importantly, the legislation rules, to promote retirement savings Those wishing to testify or submit would not affect any ongoing civil ac- and benefits, and for other purposes. written statements should write to the tion. S. 949 Committee on Energy and Natural Re- For nearly 20 years, the insurance in- At the request of Mr. GRAHAM, the sources, U.S. Senate, Washington, DC dustry relied on an interpretive bul- name of the Senator from Texas [Mrs. 20510. For further information, please letin issued by the Department of HUTCHISON] was added as a cosponsor of call Kelly Johnson or Joe Meuse at Labor, as well as an Internal Revenue S. 949, a bill to require the Secretary of (202) 224–6730.

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 7, 1995 CONGRESSIONAL RECORD — SENATE S16757 AUTHORITY FOR COMMITTEES TO Management of the Committee on En- Even though 51 percent of the adults in the MEET ergy and Natural Resources be granted survey said casino gambling is ‘‘acceptable for anyone,’’ the acceptance percentage de- COMMITTEE ON ENVIRONMENT AND PUBLIC permission to meet during the session of the Senate on Tuesday, November 7, clined by 4 percentage points from Harrah’s WORKS 1992 survey. The 1993 survey attributes this Mr. SMITH. Mr. President, I ask 1995, for purposes of conducting a sub- decline to casino referendums in southern unanimous consent that the full Com- committee hearing which is scheduled states that caused heated public debate mittee on Environment and Public to begin at 9:30 a.m. The purpose of about gambling. Works be granted permission to con- this hearing is to consider S. 1371, the Critics of gambling say its rapid growth in duct a hearing Tuesday, November 7, at Snowbasin land exchange bill, to ex- the US has a dark side, particularly among 2:30 p.m., hearing room (SD–406), to re- change certain lands in Utah; S. 590, a youngsters and teenagers. ‘‘Kids today have grown up in an atmosphere where gambling ceive testimony from Dr. Phillip A. land exchange for the relief of Matt Clawson; S. 985, to exchange certain is promoted by the state, churches, and syn- Singerman, nominated by the Presi- agogues, and the availability of it is every- dent to be Assistant Secretary of Com- lands in Gilpin County, CO; and S. 1196, where,’’ says Tom Cummings, director of the merce for Economic Development, De- to transfer certain National Forest Massachusetts Council on Compulsive Gam- partment of Commerce; and Rear Adm. System lands adjacent to the townsite bling. John C. Albright, National Oceanic and of Cuprum, ID. ‘‘We are getting more and more calls from Atmospheric Administration, nomi- The PRESIDING OFFICER. Without desperate high schools asking us to put on nated by the President to be a member objection, it is so ordered. programs to help kids deal with gambling.’’ A council study of the effects of illegal gam- f of the Mississippi River Commission. bling on 3,000 students found that 32 percent The PRESIDING OFFICER. Without ADDITIONAL STATEMENTS of students who do not gamble said they felt objection, it is so ordered. their refusal to partake in it was not normal. COMMITTEE ON INDIAN AFFAIRS ‘‘There was tremendous peer pressure on Mr. SMITH. Mr. President, I ask CASINO GAMBLING SURGES IN them to gamble,’’ Mr. Cummings says. unanimous consent that the Com- THE UNITED STATES, TEMPTING In 1992, some 280,000 teenagers were denied mittee on Indian Affairs be authorized MORE TEENAGERS entrance to Atlantic City casinos, and an- ∑ other 29,000 were led out of the casinos. to meet during the session of the Sen- Mr. LUGAR. Mr. President, I ask Harrah’s Casinos has implemented ‘‘Project ate on Tuesday, November 7, 1995, at 10 that the attached article be printed in 21’’ to keep underage gamblers out of casinos a.m., in room 485 of the Russell Senate the RECORD. by stopping them at the doors or ejecting Building to mark up S. 1341, the The article follows: them once inside. Saddleback Mountain-Arizona Settle- [From the Christian Science Monitor, Feb. A second program, ‘‘Operation Bet Smart,’’ ment Act of 1995, a bill to transfer cer- 17, 1994] includes posters around casino floors saying: tain lands to the Salt River Pima-Mar- CASINO GAMBLING SURGES IN UNITED STATES, ‘‘Know when to stop before you start.’’ icopa Indian Community and the city TEMPTING MORE TEENAGERS Harrah’s president, Phil Satre, told the Na- tional Press Club in Washington recently: (By David Holmstrom) of Scottsdale, AZ, and immediately fol- ‘‘Just like car manufacturers build safety de- lowing the mark up to conduct a hear- A new gambling industry survey indicates vices into new automobiles, responsible ca- ing on S. 1159, a bill to authorize a Na- that casino gambling has grown explosively sino operators must take action on the issue tional American Indian Policy Infor- in the United States. of problem gambling . . .. We are not in busi- Four years ago, only two states—New Jer- ness to capitalize on compulsive behavior. mation Center. sey and Nevada—offered casino-style gam- We are in the business to entertain our cus- The PRESIDING OFFICER. Without bling. Now, 23 states offer the roll of dice and tomers.’’ objection, it is so ordered. spinning roulette wheels. Another dozen The problem is that gamblers lose money, COMMITTEE ON THE JUDICIARY states are considering legislation approving Cummings says, ‘‘and that is millions and casinos. Mr. SMITH. Mr. President, I ask millions of dollars diverted out of the main- According to the survey by Harrah’s Casi- unanimous consent that the Com- stream economy. Somebody has to lose all nos and the polling firm Yankelovich Part- mittee on the Judiciary be authorized that money.’’∑ ners, the number of ‘‘household’’ visits to ca- to meet during the session of the Sen- sinos has almost doubled since 1990. In 1993, (At the request of Mr. DASCHLE, the ate on Tuesday, November 7, 1995, at 10 the number of visits was 92 million, up from following statement was ordered to be a.m. to hold a hearing on contingency 46 million visits in 1990. (A ‘‘household’’ printed in the RECORD.) fee abuses. visit, as defined in the survey, averages out The PRESIDING OFFICER. Without to 11⁄2 persons from the same family.) f objection, it is so ordered. Spokesman in the industry now define gambling as ‘‘entertainment’’ and refer to it SELECT COMMITTEE ON INTELLIGENCE THE ASSASSINATION OF YITZHAK as the ‘‘new American pastime’’ because the RABIN Mr. SMITH. Mr. President, I ask number of people visiting casinos last year unanimous consent that the Select outnumbered total attendance at major ∑ Mr. BIDEN. Mr. President, I rise Committee on Intelligence be author- league baseball games. ‘‘The experience we today to express my deep sorrow, my ized to meet during the session of the want guests to have at a casino is enjoyment shock, and my anger over the cowardly Senate on Tuesday, November 7, 1995, in an atmosphere that is not intimidating assassination of Prime Minister at 2:30 p.m. to hold a closed briefing on but memorable,’’ says Bala Subramanian, Yitzhak Rabin. intelligence matters. corporate director for marketing informa- Yitzhak Rabin will be remembered as The PRESIDING OFFICER. Without tion and planning for the Memphis-based Promus Company, the parent company of a man of extraordinary courage and objection, it is so ordered. Harrah’s. unusual vision who lived in a time SPECIAL COMMITTEE TO INVESTIGATE WHITE- Casino gambling, for years legal only in when both of these traits were scarce. WATER DEVELOPMENT AND RELATED MATTERS Nevada, has grown rapidly as states, cities, I first met Yitzhak Rabin when I Mr. SMITH. Mr. President, I ask and Indian tribes have turned to gambling to called on Prime Minister Golda Meir unanimous consent that the Special try to generate economic development and during my first visit to Israel in 1973. Committee to Investigate Whitewater jobs. Dozens of tribal reservations across the As two individuals who shared a com- Development and Related Matters be US now offer casino gambling, and riverboat casino gambling is legal in six states along mitment to Israel’s well-being, our authorized to meet during the session the Mississippi. paths crossed on numerous occasions of the Senate on Tuesday, November 7, Estimated casino revenue for 1993 is $12.9 over the course of the next 23 years. I 1995, to conduct a hearing pursuant to billion, up from $8.3 billion in 1990. The saw him for the last time in October Senate Resolution 120. Harrah’s survey compiled results from a when he came to Washington to com- The PRESIDING OFFICER. Without questionnaire developed by Home Testing In- memorate the 3,000th anniversary of objection, it is so ordered. stitute on Long Island, N.Y., and mailed to King David’s entry into Jerusalem. 100,000 households. From that mailing, 18,600 SUBCOMMITTEE ON FORESTS AND PUBLIC LAND Yitzhak Rabin was a man who did casino players were identified. Their re- MANAGEMENT sponses were then combined with responses not mince words—a quality which Mr. SMITH. Mr. President, I ask from 2,500 adults in an annual national sur- earned him the respect and trust of a unanimous consent that the Sub- vey of American values and attitudes by country which has a reputation for committee on Forests and Public Land Yankelovich Partners. toughness. To anyone who encountered

VerDate Aug 31 2005 03:22 May 29, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07NO5.REC S07NO5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S16758 CONGRESSIONAL RECORD — SENATE November 7, 1995 him, it was immediately evident that its Prime Minister, and most of all as of proceedings be deemed approved to his overriding concern was for the se- a devotee of democracy, Yitzhak Rabin date, no resolutions come over under curity of his fellow countrymen. personified the process that made pos- the rule, that the call of the calendar He was born into the small commu- sible the progress toward peace in the be dispensed with, the morning hour be nity of Jews in Palestine, which later Middle East. He also understood how deemed to have expired, the time for formed the core of the nascent State of violence could threaten both the proc- the two leaders be reserved for their Israel. He went on to play a key role in ess and the peace—just moments before use later in the day, and the Senate the war of independence; commanded he was shot he spoke against violence, then immediately resume consider- the army that unified the city of his which he said had recently taken, in ation of H.R. 1833, with Senator SPEC- birth; served in key Government posts; his words, ‘‘* * * A shape which dam- TER to be recognized as under the pre- and, in perhaps his finest hour, he drew ages the framework of fundamental vious order. upon the lessons of half a century of values of Israeli democracy.’’ The PRESIDING OFFICER. Without defending his people to pursue the path It was that framework of democratic objection, it is so ordered. of peace which promises to secure the values the assassin was out to de- f future of the nation he helped create. stroy—and it is designs of just such PROGRAM Yitzhak Rabin’s ability to distill the antidemocratic violence which Israel fundamental choices facing his nation and the friends of Israel must deny in Mr. CRAIG. Mr. President, under a was a quality born of his unique experi- memory of Yitzhak Rabin. previous consent agreement, at 9:30 ence as a soldier and a statesman. He I believe that we have already begun a.m. tomorrow, Senator SPECTER will articulated in stark terms the reasons to erect that memorial. I believe that make a motion to commit the bill, why Israel’s long-term security hinged this assassination, as deeply as it has H.R. 1833, an act to ban partial-birth on the success of the peace process. He shaken us personally, will serve to re- abortions. The majority leader has an- viewed the status quo as unacceptable, inforce the bonds of friendship between nounced that the vote on the motion to because it meant continued violence Israel and the United States. I believe commit will not occur prior to 12:30 to- into the indefinite future and possibly that we will summon the resolve to morrow. Senators can therefore expect the eventual loss of Israel’s Jewish successfully complete the unfinished rollcall votes during Wednesday’s ses- character. He saw that possibility journey on the path of peace embarked sion. clearly and he believed Israel had to re- upon by Yitzhak Rabin. I believe that f ject it in favor of a path of enlightened his last and greatest gift to his people, self-interest—pursuing an agreement ADJOURNMENT UNTIL 9:30 A.M. to all the peoples of the Middle East, TOMORROW on the basis of land for peace, pre- and to the entire world will come to serving Israel’s Jewish character, pass, and he will not have died in vain. Mr. CRAIG. Mr. President, if there is achieving normalcy with long-hostile And I will remember him as a friend, no further business to come before the neighbors, and securing Israel’s long- as a great soldier and statesman—and Senate, I ask unanimous consent the term survivability. not as a man who lost his life to vio- Senate stand adjourned under the pre- Mr. President, many are now sug- vious order. gesting that this terrible assassination lence, but as a man of peace who re- newed the life of his Nation.∑ There being no objection, the Senate, was the isolated act of a madman. I at 6:52 p.m., adjourned until Wednes- f wish it were true. But I think that all day, November 8, 1995, at 9:30 a.m. of us know better. AMENDING THE PERISHABLE AG- f This act was not perpetrated in a RICULTURAL COMMODITIES ACT vacuum. It occurred against a back- NOMINATIONS drop in which a culture of hate and vio- Mr. CRAIG. Mr. President, I ask unanimous consent that the Agri- Executive nominations received by lence was being promoted actively by the Senate November 7, 1995: people who should have known better culture Committee be discharged from PANAMA CANAL COMMISSION and behaved more responsibly. The ex- further consideration of H.R. 1103 and treme rhetoric was not confined to the Senate proceed to its immediate MARKOS K. MARINAKIS, OF NEW YORK, TO BE A MEM- consideration. BER OF THE BOARD OF THE PANAMA CANAL COMMIS- Israel. Unfortunately, some in this SION, VICE JOHN J. DANILOVICH. The PRESIDING OFFICER. Without country added their voices to the IN THE ARMY objection, it is so ordered. alarmist cries. THE FOLLOWING U.S. ARMY NATIONAL GUARD OFFICER There is a lesson in this for all of us. The clerk will report. FOR PROMOTION IN THE RESERVE OF THE ARMY TO THE The bill clerk read as follows: GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS For while words alone do not kill, they 3385, 3392, AND 12203(A): A bill (H.R. 1103) to amend the Perishable can encourage others to do so. Those To be major general who employed hyperbolic rhetoric for Agricultural Commodities Act, 1930, to mod- BRIG. GEN. STANHOPE S. SPEARS, 000–00–0000 the sake of political gain must bear ernize, streamline, and strengthen the oper- IN THE AIR FORCE some measure of responsibility for cre- ation of the Act. The Senate proceeded to consider the THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED ating a climate in which a cold-blooded STATES OFFICERS FOR PROMOTION IN THE RESERVE OF assassination could be contemplated as bill. THE AIR FORCE UNDER THE PROVISIONS OF SECTIONS Mr. CRAIG. Mr. President, I ask 12203 AND 8379, TITLE 10 OF THE UNITED STATES CODE. a patriotic and pious act. PROMOTIONS MADE UNDER SECTION 8379 AND CON- I hope that those who irresponsibly unanimous consent the bill be deemed FIRMED BY THE SENATE UNDER SECTION 12203 SHALL stoke the fires of hatred will use this read a third time and passed, the mo- BEAR AN EFFECTIVE DATE ESTABLISHED IN ACCORD- ANCE WITH SECTION 8374, TITLE 10 OF THE UNITED slaying of a great man to look deeply tion to reconsider be laid upon the STATES CODE. within themselves and change their table, and that any statements relating LINE to the bill be printed at the appropriate ways. To be lieutenant colonel Mr. President, this is in many ways place in the RECORD. MONKIA K. BOTSSCHNER, 000–00–0000 Israel’s most difficult and emotionally The PRESIDING OFFICER. Without DAVID R. FINK, 000–00–0000 wrenching hour since here creation 47 objection, it is so ordered. GARRY T. HICKS, 000–00–0000 RICHARD D. KING, 000–00–0000 years ago, because the assassin’s bullet The bill (H.R. 1103) was deemed read PAUL J. MADSON, 000–00–0000 was aimed not only at Yitzhak Rabin three times and passed. DELILAH R. MORGAN, 000–00–0000 PAUL T. PEROVICH, 000–00–0000 but also directly at the very heart of f DENNIS S. SARKISIAN, 000–00–0000 the democratic process in Israel. It is a KARL E. SCHRICKER, 000–00–0000 ORDERS FOR WEDNESDAY, GEOGE R. SKUODAS, 000–00–0000 commitment to democracy that has TIMOTHY B. WOJESKI, 000–00–0000 distinguished the Israeli nation from NOVEMBER 8, 1995 MEDICAL SERVICE CORPS its neighbors in the Middle East and Mr. CRAIG. Mr. President, I ask To be lieutenant colonel has been the enduring foundation of unanimous consent that when the Sen- the long, traditional friendship be- ate completes its business today, it SANDRA L. DARULA, 000–00–0000 tween Israel and the United States. stand in adjournment until the hour of BIOMEDICAL SCIENCE CORPS As one of the founders and defenders 9:30 a.m. on Wednesday, November 8; To be lieutenant colonel of the independent State of Israel, as that following the prayer, the Journal DAVID B. MORRISON, 000–00–0000

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MEDICAL CORPS PHILLIP W. UNDERWOOD, 000–00–0000 THE LINE OF THE U.S. NAVY, PURSUANT TO TITLE 10, UNITED STATES CODE, SECTION 531: To be lieutenant colonel DENTAL CORPS To be lieutenant, line, USN, permanent ANTHONY B. BASILE, 000–00–0000 To be lieutenant colonel MARSA L. MITCHELL, 000–00–0000 BRIAN G. BUCK, 000–00–0000 JOSEPH M. PASCUZZO, 000–00–0000 NORA E. TOWNSEND, 000–00–0000 JOHN M. COONEY, 000–00–0000 NURSE CORPS GREGORY S. KASHOUTY, 000–00–0000 IN THE NAVY To be lieutenant colonel KENDALL O. SMITH, 000–00–0000 THE FOLLOWING NAMED U.S. NAVAL RESERVE OFFI- PRESTON H. SPAHR III, 000–00–0000 SALLY A. JONES, 000–00–0000 CERS, TO BE APPOINTED PERMANENT LIEUTENANT IN ERIC M. VAN METER, 000–00–0000

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TRIBUTE TO VETERANS OF SOUTH I would like to leave you all with a story I in Whittier CA, which is celebrating its 35th CAROLINA once heard about our Nation and its veterans. anniversary and the appointment of its 8th su- I think that it might act as a reminder to us all perintendent/president, Dr. Jesus ``Jess'' HON. MARSHALL ‘‘MARK’’ SANFORD of our veterans' sacrifices and our country's Carreon. OF SOUTH CAROLINA duty to them. Rio Hondo Community College District IN THE HOUSE OF REPRESENTATIVES While camped on the plain at West Point, encompasses a 65.5-square-mile area which NY, on a cold winter's night General Washing- includes the cities of Whittier, Pico Rivera, Tuesday, November 7, 1995 ton met with his officers who had gathered in Santa Fe Springs, South El Monte, and por- Mr. SANFORD. Mr. Speaker, I rise to pay a small hut to discuss the possibility of the tions of Norwalk, La Mirada, Downey, La tribute to the men and women of our armed Continental Army seizing control of the Con- Puente, Industry, and El Monte. According to services from South Carolina who have a long gress because of their lack of pay and land the 1990 census, the population of the district tradition of valor in times of national crisis. grants to the soldiers. After listening to elo- is approximately 318,000 with nearly 107,000 From the large communities of Charleston, quent and inspired speeches from many of the households. Georgetown, Myrtle Beach or small towns like officers who urged their brothers to declare As part of the great growth in community Ridgeville, Goose Creek, Aynor, or the Government dissolved, General Washing- colleges in the late 1950's early 1960's period, AwendawÐsoldiers, sailors, airmen, and ma- ton, who had previously sat quietly in the back the district was established by election in rines have served our Nation well in war. of the room, rose to his feet. Suddenly, the 1960, with the first independent board of trust- There is no greater service than to fight for the lively and spirited debate ceased and still fell ees elected in 1962. In 1963, classes were of- safety of one's nation and the security of the over the room. General Washington slowly, fered for the first time at a local elementary world. From the Marne to the Philippines, and and deliberately unfolded a letter from a Mem- school, Little Lake. The present campus from the Chosen Reservoir to Khe Sahn, ber of Congress who had written him to urge opened in the fall of 1966 with an enrollment South Carolina has sent its best and its bright- his soldiers to keep their posts until spring of 3,363 day students and 2,682 evening stu- est to defend freedom and democracy. when the Government might be more secure. dents. The site of the present campus was As Veteran's Day approaches, I find my self After unfolding the letter Washington stared at part of the former Pellissier dairy estate. reflecting upon the sacrifices that these men the page for a moment then, for the first time The combination of a convenient urban lo- and women made for these United States. ever in front of his troops, Washington cation with a scenic rural setting enhances the Hundreds of South Carolina servicemen in reached into his tunic and unfolded a pair of college's well deserved reputation for dedica- World War I, World War II, Korea, and Viet- spectacles, gently placing them on his nose tion to excellence in teaching, student serv- nam paid the ultimate price through the sac- saying, ``Gentlemen, please forgive me for my ices, and innovative programs. Rio Hondo an- rifice of their lives and lie buried in cemeteries trouble in reading this letter. For you see, I nually draws approximately 15,000 culturally and watery graves around the globe. But for have not only grown gray, but almost blind in diverse students to its hillside campus. many, the possibility of a simple military grave the service of my country.'' Dr. Jesus ``Jess'' Carreon, superintendent/ marker, the return of their remains to their That night General Washington read that president, was named at the board of trustees families and loved ones, or even an account- letter but no one heard it. It was drowned out meeting in April, 1995, and assumed leader- ing of their whereabouts still eludes them. with the soft sobs and cries of the officers ship of the college on July 1. Throughout my South Carolina's First District has no less than present who had served the country in its tenure in Congress, I have visited the college 15 POW/MIA's still unaccounted for from struggle for independence. After Washington countless times and have held numerous sem- Korea and 9 POW/MIA's from Vietnam. To left the building the officers voted unanimously inars and conferences at its facilities. I have those families and friends who have lost a to continue to serve without pay and our Na- always been impressed with the college's staff loved one, and those today who still seek a tion survives today. Years later, on the only and appreciate the strong professional support final determination as to the fates of their occasion when then President Washington they have provided me. loved ones, I pay tribute for the sacrifice of spoke of the incident, he simply said, ``A na- Mr. Speaker, it is with pride that I rise to cel- these brave men. tion can only ensure its longevity and its secu- ebrate the Rio Hondo Community College Dis- Recently, I have worked with organizations rity by assuring its care of its veterans. Other- trict's 35th anniversary and I ask my col- such as the Veterans of Foreign Wars, the wise it cannot hope to muster any army for its leagues in the House of Representatives to Vietnam Veterans Association, AMVETS, the defense in the future.'' Mr. Speaker, I cannot join me in extending our best wishes and con- American Legion, Jewish War Veterans, agree more. gratulations to the college's President Catholic War Veterans, and other groups to Now, over 200 years, later, it is time for us Carreon, and the board's members, President determine how our country might best care for to renew our commitment to our veterans. I Maria Elena Martinez, Vice President David our veterans. People like Tom Burch and plan to begin by remembering their contribu- Siegrist, clerk Don L. Jenkins, and members, Bonny Stilwell of the Vietnam Veterans Coali- tions and sacrifices and continuing the fight for Dr. Barbara Stone and Alex Morales. tion who take up the cause of veterans from a full accounting of all of our men. As citizens f every era, especially Vietnam veterans, are to we owe every veteran at least that much. The be commended for their tireless efforts. As a patriot, John Adams once said, ``I study war TRIBUTE TO THE SHERIDAN HIGH member of the International Relations Commit- so that my son may study politics, so that his SCHOOL BAND tee's Subcommittee on Asia, I have heard son might study philosophy and art.'' This is a their pleas for an absolute accounting of all dream that I know all veterans share. HON. DAN BURTON servicemen in Southeast Asia. As a member f OF INDIANA of that committee I voted for language which IN THE HOUSE OF REPRESENTATIVES would mandate a complete accounting of all of CELEBRATING THE 35TH ANNIVER- our servicemen in Southeast Asia and give im- SARY OF RIO HONDO COMMU- Tuesday, November 7, 1995 migration preference to those who help iden- NITY COLLEGE Mr. BURTON of Indiana. Mr. Speaker, I tify U.S. servicemen remains or clarify their would like to take a moment to pay tribute to status as MIA/POW. For all of the veterans' HON. ESTEBAN EDWARD TORRES a great high school band in my district. The groups, especially to Anne and ``Tank'' OF CALIFORNIA Sheridan High School Band, from Sheridan, Lanford of the South Carolina Vietnam Era IN THE HOUSE OF REPRESENTATIVES IN, recently won the annual class D, Indiana Veterans Association I pledge my continued State Band Championship. support to bring all of our boys home and put Tuesday, November 7, 1995 All too often, Mr. Speaker, we pay homage an end to the uncertainty that their families Mr. TORRES. Mr. Speaker, I rise today in to athletic teams, and fail to recognize the face day in and day out. recognition of Rio Hondo Community College other accomplishments to which our young

∑ 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 2116 CONGRESSIONAL RECORD — Extensions of Remarks November 7, 1995 people aspire. Unfortunately, in our culture, of Indiana's 1st Congressional District, who ice involvement. He has mentored hundreds of sports seems to dominate the fascination of will celebrate his 80th birthday on November younger preachers. He is a much-in-demand our minds. As many of our young people will 19, 1995. evangelist who is constantly called upon to learn as they get older, athletics is not every- According to one of his biggest fansÐhis preach the gospel across this Nation and be- thing. Many of them will gain an appreciation sister, Ms. Wanda BorisÐSigmund continues yond. His ageless wisdom expands the globe. for other things as well. Whether its learning to live a full and giving life. When Sigmund Twice Dr. Clark has been cited by Ebony and playing an instrument, expanding their was just 26 and married for 1 year, he lost his Magazine as one of the Nation's 15 greatest knowledge by reading books and other lit- father. This left his mother to care for six un- black preachers. He is considered the dean of erature, or writing creatively, there are many married children, and, at that time, Sigmund preachers by many pastors, ministers, and other positive things our young people can took over as the patriarch of the family. laity as well, who marvel continually at the participate in and enjoy for the rest of their Wanda says that Sigmund has always been power of his messages and the depth of his lives in addition to athletic competition. viewed as a father-figure and a selfless, gentle theology. It is in that spirit that I would like this House man. Pastor Clark is a quiet, generous, and to recognize the hard work and long hours of Beginning his career in retail as a stock boy warm-spirited person whose keen insight practice that the Sheridan High School Band and a key registrar in the Hammond store, serves to bring sharp focus to many of the has put in over the years in order to be the Sigmund dedicated 48 years of service to perplexing issues of our times. The Louisiana best. Mr. Speaker, I ask that you and my other Goldblatts Department Store. After just 2, native credits his mother with giving him the colleagues now join me in saluting the extraor- short years, he was promoted to manager of tenacity to stay in school and the fortitude to dinary efforts of band director Jim Haskell and the fabric and knitting department of the Gary continue in the church through the many dif- the Sheridan High School Band by extending store. Between 1941 and 1945, he and his ficult early years out of Shreveport. to them well-deserved congratulations. wife, Michalene, worked for the Government Born December 15, 1914, Reverend Clark is f as civilians for the Navy in Hawaii. After the an only child who began preaching at age 13. war, he returned to the region and resumed Reverend Clark left school prior to graduation THE 75TH ANNIVERSARY OF THE working for Goldblatts as supervisor of the tex- to work full time on his family's farm. With his ASSOCIATION NOTRE DAME DE mother's strong determination deeply instilled CAMBRIDGE tile department. In 1960, he was voted boss of the year at Goldblatts. Sigmund was also the in him, he returned to school and earned a first to initiate a program with Roosevelt High bachelor's degree from Bishop College, then HON. JOSEPH P. KENNEDY II School for underprivileged students to work in Marshall. TX. Along with an honorary de- OF MASSACHUSETTS gree from Bishop, he has received numerous part time at Goldblatts and receive school other earned and honorary degrees. IN THE HOUSE OF REPRESENTATIVES credit with pay. This is where he stayed until Tuesday, November 7, 1995 Dr. Clark's ability as a mediator is without Goldblatts closed in 1980. Since then, Sig- parallel. He brings moderation and even-mind- Mr. KENNEDY of Massachusetts. Mr. mund has remained in the retail business. edness to the most hotly contested situations. Sigmund also found time to give to some Speaker, I rise to congratulate the association When he speaks, others really do listen. Notre Dame de Cambridge on the occasion of area charities. He served on the board of di- Dr. Caesar Clark is indeed one of the Na- their 75th anniversary. rectors for the Goodwill Industries and was a tion's most outstanding religious scholars. His The association, also known as the French member of the Downtown Gary Merchants As- reputation as a theologian when combined Club, was founded in 1920 by a group of sociation, the Gary Chamber of Commerce, with his oratorical abilities make him a contin- French-Canadian men of the parish of Notre and the Better Business Bureau. He was also ually sought-after speaker and teacher. His Dame de Pitie in North Cambridge. They es- a member of the Knights of Columbus and the keen talent, special skills, and generous na- tablished the club to foster, encourage, and Junedale Little League. ture have caused him to excel at his craft and promote unity, benevolence, charity, and so- Mr. Speaker, Sigmund's wife of 55 years, have taken him many miles from his birthplace ciability among its members. Michalene, and his two sons, Gregory and in Clarence, a town in Natchitoches Parish, The French Club was initially a home to Mark, as well as his grandchild, Jefferey, LA. French-Canadians who spent their summers should be very proud of this selfless man. Sig- Reverend Clark's awards and accolades working at the New England Brick Co. and mund has truly made Indiana's First Congres- from officials, organizations, and citizen their winters in Quebec. Gradually, these sional District a better place to live. I ask you, groups large and small fill walls and volumes. members found permanent work and sent for and my other congressional colleagues, to join He has been cited by communities and elect- their families, establishing a French-Canadian me in wishing Sigmund a very happy birthday, ed bodies across America. In his honor, a por- community in North Cambridge. with hopes for many more. tion of the street where the Good Street Following, the end of World War II, bylaws f Church is located has been named Dr. C.A.W. were amended to allow guest members to Clark Plaza by the Dallas City Council. He is join. Association Notre Dame became a place REV. DR. CAESAR ARTHUR WAL- respected and loved. to come together for all. Although it is still af- TER CLARK: NOTING MILE- Currently, he is president of the Baptist Mis- fectionately called the French Club, it is truly STONES IN RELIGIOUS HISTORY sionary and Education Convention of Texas. a melting pot with a combined membership of Previously, he has served in many elected over 200. HON. EDDIE BERNICE JOHNSON and appointed positions with the National Bap- Over the years, this club has been instru- tist Convention USA, Inc., the 115-year-old or- mental in promoting community spirit. Through OF TEXAS IN THE HOUSE OF REPRESENTATIVES ganization that is home for more than 8 million the efforts of members, North Cambridge Little African-American Baptists. League baseball is now a reality. They also Tuesday, November 7, 1995 Reverend Clark preached his first sermon sponsor a Christmas party for children in the Ms. EDDIE BERNICE JOHNSON of Texas. on the fourth Sunday in April 1928. He was community, award annual scholarships, and Mr. Speaker, I rise today to pay tribute to the first called to serve as pastor of the Little contribute to a variety of charitable causes, many accomplishments of the Reverend Doc- Union Baptist Church in Shreveport. Today, as such as the Jimmy Fund. tor Caesar Arthur Walter Clark, pastor of the shepherd of the Good Street Church, Dr. Clark On the celebration of their diamond jubilee, Good Street Missionary Baptist Church in Dal- leads a congregation known for its generosity I would like to commend the Association Notre las, TX. and service to the community. The more than Dame for their community involvement, and There are many milestones in our lives by 2,000-member church operates a variety of wish them continued success. which we can mark the significance of our programs for young people, families, and the f works. Most are directly influenced by the peo- elderly including a 332-unit low-income hous- TRIBUTE TO SIGMUND SADOWSKI ple with whom we come in contact. Rarely are ing complex, a social service center, and two we privileged to have someone like the Rev- child care facilities. The church has a credit erend Doctor Caesar A.W. Clark influence our union with assets of nearly $2 million. Its en- HON. PETER J. VISCLOSKY lives so richly and so deeply. OF INDIANA thusiastic and longtime support of foreign mis- Dr. Clark this year celebrates 65 years in IN THE HOUSE OF REPRESENTATIVES sions has led the Good Street Church to build the pulpit. He has led the Good Street Baptist a sister Good Street Church in Vrede, South Tuesday, November 7, 1995 Church congregation for 45 of those years. Africa. Mr. VISCLOSKY. Mr. Speaker, I am proud Those years were enhanced by a wealth of re- Dr. Clark's rich and productive history make to rise today to honor Mr. Sigmund Sadowski, ligious, academic, civic, and community serv- him an integral and valuable part of Texas and November 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2117 national religious life. In the days ahead, his TRIBUTE TO PRIME MINISTER Rabin's chief concern was always the secu- value as a leader becomes all the more impor- YITZHAK RABIN rity of the state of Israel. As Ambassador to tant to the religious community as it must be the United States from 1968 to 1972, Rabin capable of meeting the increasing challenges HON. BOB FRANKS strengthened relations between the United presented by generations of African-Ameri- OF NEW JERSEY States and Israel, persuading the United cans who are seeking to revitalize their spir- IN THE HOUSE OF REPRESENTATIVES States to supply Israel with arms essential to itual resources. its survival. As Defense Minister from 1984 to Tuesday, November 7, 1995 Dr. Clark is a visionary and a quintessential 1990, Rabin continued to strengthen Israel's leader whose rare blend of innate biblical Mr. FRANKS of New Jersey. Mr. Speaker, I military establishment. Rabin's focus on secu- knowledge and scholarship makes him well rise today to express my sincere grief over the rity is also apparent in his joint service as both suited for the many challenges that are routine tragic and unexpected death of Prime Minister Prime Minister and Minister of Defense from occurrences in our society. Although he has a Yitzhak Rabin. Mr. Rabin was a great peace- 1992 until his assassination. lengthy list of awards and accomplishments, maker, a great leader, and a great man, one Rabin was not just a superb strategist and Dr. Clark is most proud of the young people who will be remembered for generations to war hero, but also a peacemaker. Although he who have come to Christ because of his inspi- come. To the entire world community, his witnessed thousands of soldiers die in the six ration and teaching. death is a great loss. day war and possessed a profound under- Yesterday, at the funeral ceremony, the standing of the strategic importance of the ter- We are pleased that the Reverend Doctor President said that Yitzhak Rabin was not only ritories, Rabin pursued the dream of peace by Caesar Arthur Walter Clark resides in Texas's a martyr for peace, but also a victim of hate. signing an interim peace agreement with the 30th Congressional District. Furthermore, I am Mr. Speaker, in the 1990's this kind of hate Palestinians. In pursuing peace, Rabin hoped proud of his many deeds and milestones as a has plagued the world with its destruction. We that Israel would become a normal state, a pastor, an evangelist, a leader, and a citizen. saw it in the refugee camps of death in Rwan- state no longer at war with its neighbors and I wholeheartedly offer commendations in rec- da; in the embattled streets of East Timor; and a state that would no longer have to con- ognition of his 65 years as an outstanding in the mass graves of Bosnia. stantly sacrifice its young men to wars. preacher and pastor. Today, I join members of Now, on the verge of a lasting peace in the Rabin's leadership on the battlefield and at the clergy, church members, Dallas citizens, volatile Middle East, we see this hatred in Is- the peace table provides great lessons to us and others to show appreciation and to ac- rael. We see it in the bus bombings and in the all. Unlike so many of our political leaders of knowledge the many contributions and gun shots in the Gaza Strip. And most re- our time, Rabin did not consult the polls to de- achievements by Dr. Clark, a man well worthy cently we see it in the assassination of Yitzhak termine his policies. Instead, he followed a of praise. Rabin, a man who helped to bring about an bold vision and refused to allow extremists to f agreement between Israel and Palestine on prevent him from realizing his vision of peace. the White House lawn that in years past, peo- No matter how low his public approval ratings HONORING BERNADETTE A. BUDDE ple had only seen in their dreams. were and no matter how many funerals he at- It is said that you can kill a man, but not an tended of Israeli victims of suicide bombings, HON. THOMAS M. DAVIS idea. Mr. Speaker, I challenge those who Rabin remained steadfast in his commitment yearn for a new era of peace and an end to to implementing the Oslo agreement. Rabin OF VIRGINIA the hatred that fuels conflict throughout this was willing to make the ultimate sacrifice for IN THE HOUSE OF REPRESENTATIVES world to join Israel, the Palestine Liberation peace and was justly rewarded for doing so when he was awarded the Nobel Peace Prize. Tuesday, November 7, 1995 Organization, the United States, and all other parties to help find a path to peace, so that The legacy of Rabin's life is tremendous. Mr. DAVIS. Mr. Speaker, I rise today to Mr. Rabin's death will not be in vain. Nearly 100 years after the First Zionist Con- gress, convened in Switzerland in 1897, Rabin honor Bernadette A. Budde, a woman who is f legendary in Washington and across the Na- brought his country closer than ever before to tion for her political acuity and her forthright A TRIBUTE TO PRIME MINISTER peace with its neighbors. Those who came to personal style. YITZAHK RABIN pay their respects yesterday were a testament Bernadette A. Budde came to BIPAC in to the tremendous changes he brought about 1970 as a research analyst. In 1974, she was in the region. The attendance of 40 world HON. MICHAEL P. FORBES leaders, including Jordan's King Hussein and promoted to director of political education, and OF NEW YORK Egypt's Hosni Mubarak, demonstrates the re- vice president, political education in 1984. She IN THE HOUSE OF REPRESENTATIVES was named vice president in 1993. spect he instilled in so many people for his Tuesday, November 7, 1995 leadership, including his former enemies. She is responsible for the development and The assassination demonstrates that the implementation of all BIPAC's political analysis Mr. FORBES. Mr. Speaker, reflecting on Rabin's life, I realize that he has much in com- peace process is a fragile process and there- programs that guide executives and business fore, the United States must remain unequivo- owners in effective political participation. mon with the prophets of the Bible. Like Abra- ham and Moses, Rabin pursued a vision cally committed to our close ally Israel. These include the organization's conferences, Rabin served Israel as both a warrior and a briefings, and publications. amidst tremendous adversity. Rabin sought to fulfill the dream of establishing a Jewish state, peacemaker, continually pursuing the dream She edits Election In*Sight, a comprehen- of making his people a nation among the na- of political normalcy for Israel. May his mem- sive monthly report on congressional cam- tions. In pursuing this vision, he demonstrated ory be a blessing to us all and may we learn paigns, politics, and election regulation. tremendous courage and leadership. from his extraordinary example of leadership, Known as the bible for politically active busi- Rabin was the pragmatic general who un- vision, and courage. Our thoughts and prayers ness managers, Elections In*Sight is BIPAC's derstood that one cannot rely on diplomacy are with his wife Leah, his loving family, and flagship production. Ms. Budde also is respon- alone, but must also be prepared to defend all the people of Israel during this sad and dif- sible for editorial direction of other BIPAC pub- oneself. To that end, he built up Israel's De- ficult time. lications, including two quarterly newsletters, fense Forces and led troops to victory against f Politics and Action Report. tremendous odds in Israel's numerous wars. Her guidance on political campaigns, elec- TRIBUTE TO TAMARAC VICE In Israel's war of independence in 1948, Rabin MAYOR IRVING KATZ tion law, and campaign finance is widely played an integral role by serving as the com- sought by congressional candidates and in- mander of the Palmach's Harel Brigade and cumbents. She has authored a number of by repelling Egyptian forces from the Negev HON. ALCEE L. HASTINGS OF FLORIDA published articles, and speaks frequently to desert. In the 1967 six day war, as chief of IN THE HOUSE OF REPRESENTATIVES business and educational audiences. staff of the Israel Defense Forces, Rabin bril- Ms. Budde holds degrees from Marquette liantly commanded Israel's defense forces in Tuesday, November 7, 1995 University and the University of Maryland. taking the West Bank, the Gaza Strip, and the Mr. HASTINGS of Florida. Mr. Speaker, Mr. Speaker, I know my colleagues join me Golan Heights. As Prime Minister in 1976, today I'd like to pay tribute to Irving Katz, a in honoring Ms. Bernadette A. Budde for all of Rabin authorized the legendary Entebbe mili- dedicated community leader in Tamarac, FL. her accomplishments not only to BIPAC, but tary operation, in which Israel rescued 103 air- Irving lead a life filled with community involve- to national politics as a whole. line passengers held hostage by the PLO. ment which was exemplified by his service as E 2118 CONGRESSIONAL RECORD — Extensions of Remarks November 7, 1995 vice mayor until he passed away earlier this President Ronald Reagan in winning the cold new generation of stealth aircraft, from the month of leukemia. Yet, despite his illness, Ir- war through his policy of peace through strategic B–2 bomber to the Air Force’s F–22 ving stayed very active, working up to 2 days strength. fighter or the Navy’s carrier-deployed (since We are being told that the Soviet Union fed canceled) A–12 bomber? Stealth cruise mis- before his death. siles? Indeed, as the F–117A stealth fighter- Indeed, Irving loved city government and us tainted information, causing us to over- bomber demonstrated over Baghdad in 1991, spent years trying to develop his community. spend wildly on defense. The best response to stealth technology essentially rendered And develop it he did. A retired building con- this disinformation campaign came in today's worthless the massive surface-to-air-missile tractor, Irving spent years advocating on be- Washington Times editorial, which points out defense systems that the Soviets had in- half of economic development projects that that it is dubious, at best, that the former So- vested hundreds of billions of dollars to de- would revitalize the community. When the viet Union would want us to overspend on the ploy. Yet the Times complained about this Tamarac Commerce Park project came to fru- defense buildup which contributed to winning year’s outlay for the F–22, and The Post re- ition this year, Irv's hard work, expertise in the cold war. ported about possibly unnecessary expendi- Mr. Speaker, I suspect that this entire cam- tures for aircraft radar systems. The Soviets construction, planning, and community devel- tricked us into buying weapons that would opment were recognized, and, more impor- paign is inspired by those who want to unilat- exploit their vulnerabilities? Very clever. tantly, appreciated. erally disarm this country and transfer Penta- Despite the incessant catcalling of his op- Not only was Irv a builder of community gon funds to their favorite social programs. ponents—including Bill Clinton’s Oxford centers, but he was also a builder of commu- Beyond that, I will be glad to let the times edi- roommate and deputy secretary of state, nity. Each year, Irv could be found walking for torial speak for itself, and proudly place it in Strobe Talbott—Mr. Reagan relentlessly pur- the March-of-Dimes and participation in today's RECORD. sued his ‘‘peace through strength’’ policy, eventually proving all the naysayers wrong. [From the Washington Times, Nov. 7, 1995] Tamarac Elementary School events. Irv gave Take another look, for example, at Mr. back to his community and for this we are FIGHTING THE COLD WAR (WITH SOME Talbott’s then widely acclaimed 1984 book, grateful. He was also a loyal friend to me for SUCCESS) ‘‘Deadly Gambits,’’ which attacked Mr. Rea- many, many years. Irv, you will be missed. ‘‘[T]he tainted reports tended to overstate gan’s strategy on intermediate nuclear f Soviet military and economic strength, per- forces. In 1987, no less a personage than Mi- haps to deter America from confrontation, khail Gorbachev completely vindicated Mr. THE 100TH ANNIVERSARY OF CAL- perhaps to encourage excessive defense Reagan’s policies by agreeing to eliminate VARY BAPTIST CHURCH RED spending.’’—New York Times editorial, Nov. the SS–20 missiles—the so-called ‘‘zero op- BANK, NJ 2, 1995. tion’’ that Mr. Talbott derided. ‘‘Just as Ronald Reagan undertook (with Forced to acknowledge that Mr. Reagan some success) to challenge the Soviets to a met the Soviet challenge—note the begrudg- HON. FRANK PALLONE, JR. bankrupting economic and technological ing parentheses ‘‘(with some success)’’—The OF NEW JERSEY competition, did the Kremlin then try to Post and other revisionists still insist on make Americans waste their assets and ener- IN THE HOUSE OF REPRESENTATIVES portraying his brilliant defense buildup gies too?’’)—Washington Post editorial, Nov. strategy as extreme, overblown and partly Tuesday, November 7, 1995 3, 1995. unnecessary. Here’s some unsolicited advice Well, now we know. The revitalization of Mr. PALLONE. Mr. Speaker, this week for them: Ronald Reagan won the Cold War. national defense during the Reagan presi- Deal with it. Get over it. Get on with life. marks a very special occasion for all of the dency, which led directly to victory in the f people of the Calvary Baptist Church in Red Cold War and contributed to the collapse of Bank, NJ. For the week beginning on Novem- the Soviet Union’s Evil Empire, not only was IN SUPPORT OF SELLING A CON- ber 6, and culminating next Sunday, Novem- a waste of money. But it was a commie plot, GRESSIONAL HOUSE OFFICE too. ber 12, the church will mark its 100th anniver- BUILDING sary. On Saturday, November 11, an anniver- The New York Times vigorously opposed sary banquet at Lane Hall at Fort Monmouth both the Strategic Defense Initiative (SDI) and President Reagan’s indomitable deter- will be held to commemorate this joyous occa- HON. BOB FRANKS mination to rebuild U.S. national defenses in OF NEW JERSEY sion. order to avoid negotiating strategic and con- IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, throughout its long and illus- ventional arms reductions from a position of trious history, Calvary Baptist Church has weakness. History has confirmed the wisdom Tuesday, November 7, 1995 been an important institutionÐnot only for its of Mr. Reagan’s policies. But with the per- Mr. FRANKS of New Jersey. Mr. Speaker, members, but for the entire community. The fect vision of hindsight, the Times wants to in January, the House Republican Conference nitpick about a fighter program here or a church has played a central role in both the passed a resolution calling for: spiritual and secular lives of its members. radar system, there, even as defense spend- ing is plunging toward 2.9 percent of gross The sale of a congressional building to the While many changes have confronted the domestic product (GDP) by 2000. private sector as a clear statement to the church, the Red Bank community, and indeed, Considering that the Soviets were keenly American people of our commitment to our entire society over the past century, the aware (even if the CIA wasn’t) of their grow- shrink the size of the Federal Government. church has stood as an anchor of stability, ing economic weakness relative to the eco- In order to meet that commitment, a task strength, hope, and sustenance for its mem- nomically reinvigorated United States, their force of interested Members was created in bers. double agents might understandably have order to develop a proposal that would allow Mr. Speaker, on this occasion, it gives me sought to deter confrontation by providing the Republican Conference to meet its com- tainted information. After all, not only was great pride to offer my congratulations to Rev. the Soviet economy on the verge of collaps- mitment to ``sell a congressional building.'' Dr. Dwight Crist Northington, pastor, John C. ing under the unsustainable weight of peace- As a member of that task force, I am here Dixon, Jr., and Donald Cameron, cochairper- time military spending approaching 25 per- to voice my support of the plan to sell 501 1st sons of the board of trustees, Ann Byron, cent of GDP. But the entire world witnessed Street, SE, in order to fulfill the House Repub- church clerk and publicity cochairperson, and the indisputable inferiority of Soviet con- lican Conference resolution. According to the Peggy Allgood, publicity cochairperson, and all ventional arms (fighter aircraft, surface-to- Architect of the Capitol, it is my understanding of the members of Calvary Baptist Church as air missiles and tanks) during the 1982 Mid- that this property could bring an estimated they celebrate the 100th anniversary of the dle East war as the U.S.-equipped Israeli air sale price of over $2 million. I can't think of a force destroyed the Soviet-supplied Syrian Calvary Baptist Church. forces. better way to show the American people Con- f What’s harder to make sense of is the no- gress' intention to shrink the size of the Fed- tion that the gremlins of the Kremlin were eral Government than by divesting itself of this WINNING THE COLD WAR providing tainted information ‘‘to encourage property. excessive defense spending’’ or to ‘‘try to Upon the sale of 501 1st Street, the task HON. GERALD B.H. SOLOMON make Americans waste their assets and ener- force proposes the relocation of the Architect gies’’? The Times argues that these Soviet- OF NEW YORK of the Capitol engineering and related support supplied tainted assessments, which the CIA activities to the Ford House Office Building IN THE HOUSE OF REPRESENTATIVES forwarded to U.S. policymakers, ‘‘may have and the transfer of the House Child Care Cen- Tuesday, November 7, 1995 contributed to billions in misdirected [de- fense] spending.’’ ter also to the Ford House Office Building. Mr. SOLOMON. Mr. Speaker, the revisionist But which weapons systems, exactly, was Considering that Congress abolished three drumbeat has been deafening lately, this time the Kremlin seeking to promote? Why on standing committees, a quarter of all commit- in an attempt to belittle the accomplishment of earth would Moscow want us to develop a tee staff, and eliminated all the legislative November 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2119 service organizations, the Architect's office es- sufficient amount of credible, hard data before In recognition of this, island leaders have timates that there is enough room available in a change is to be made. Never before has the made it a point to acknowledge the contribu- Ford for the Architect's employees and the USDA been responsible in designing a system tions of Guam's distinguished veterans. Village House Child Care Center. of this type or scale. Therefore, before such mayors and veterans organizations all over Mr. Speaker, the sale of 501 1st Street an undertaking is to occur, I believe that the the island submit names on an annual basis to would prove to the American people that the science must be sound; the model used to es- be included in an elite list of the top veterans new majority in Congress is committed to timate insect outbreak must be as accurate as of the island. shrinking the size of the Federal Government possible; control mechanisms must be in This year the village mayors have each se- by downsizing itself and using that space that place; and adequate resources must be avail- lected the following people as their awardees: it owns more efficiently. I urge my colleagues able to allow for proper monitoring of the com- Vicente Tuncap of Agana, Jose P. Javier of to support the task force's plan to sell 501 1st plex system. Agana Heights, Carmen J. Balajadia of Agat, Street, SE, and keep our promise to the Amer- The USDA's proposed changes would allow Fidel L.G. Jesus of Asan-Maina, Joseph L. ican people. for the importation of avocados into the 19 Aguon of Barrigada, Nicolas F. Borja of f designated States in Northeastern United Chalan Pago-Ordot, Juan P. San Nicolas of States. As one might guess, transshipment of Dededo, Joaquin L. Paulino of Inarajan, THIRD ANNUAL CALIFORNIA the avocados is inevitable. However, I am not Manuel U. Fejeran of Mangilao, Richard AVOCADO DAY confident that APHIS has established a reli- Barcinas of Merizo, Alfred M. Cruz of able control system to prevent the transport of Mongmong-Toto-Maite, Roque M. Mendiola of HON. RANDY ‘‘DUKE’’ CUNNINGHAM avocados into States vulnerable to pest infes- Piti, Joseph B. Chargualaf of Santa Rita, Jo- OF CALIFORNIA tation, such as Florida and California. It is seph C. Gogo of Sinajana, Antonio T. Pablo of IN THE HOUSE OF REPRESENTATIVES quite likely that the United States and Mexico Talofofo, Felix E. Edelo of Tamuning-Tumon, Francisco Q. Sanchez of Umatac, William A. Tuesday, November 7, 1995 avocados will come into contact with one an- other. If the pests are present in the Mexican Burger of Yigo, and Jose Mabayag of Yona. Mr. CUNNINGHAM. Mr. Speaker, I rise in avocados, you can be sure that the United The island's veteran's organizations also in- support of California Avocado Day and wish to States avocados will be susceptible to infesta- cluded to the list the following names: Clyde share the significance of this special event tion. Therefore, I believe this poses a great Blackie Barnes of the American Legion Post with my colleagues. As some of you may threat to U.S. crop. The United States should 53, Jesus M. Camacho of the Army Retirees know, November 7 marks the most important deny, or at least postpone, the importation of Association, Juan M. Taijito of the Chamorro day of the year for avocado growersÐCalifor- Hass avocados until we are convinced that no Military Society, Antonio Deligreen of the Fleet nia Avocado Day. threat is apparent. This issue is of critical im- Reserve Association Branch 73, Juan C. Wusstig of the Guam Combat Patrol, Adrian For the third consecutive year, California portance to the future of our country's avo- C. Sanchez of the Guam Navy Club, Alejandro Grower magazine has organized a full day of cado crop. events devoted to the California avocado in- Again, I wish to congratulate the industry for B. Toves of the Korean War Veterans, Vicente dustry. The events will feature important pan- joining me in sending a clear message to the (Ben) Gumataotao of the National Association els and presentations, the California Avocado Department of Agriculture regarding their for Uniformed Services, Alfredo Somera of the Commission's annual meeting, as well as the views on the proposed rule. An overwhelming Philippine Scouts Association, Don Kimmel of industry's largest trade show. ``The Road 1,800 public comments were filed, with a the V.F.W. Hafa Adai Post 1509, Cris N. Ahead'' is this year's theme for California Avo- majority of the comments in opposition to the Quintanilla of the V.F.W. Ga'an Memorial Post cado Day. In light of the recent events in the proposed rule. Surely, the sentiments of such 2917, Jesus H. Aguon of the Vietnam Veter- avocado industry, I believe the theme to be a united front cannot be ignored. I agree with ans of America Guam Chapter No. 668, Anto- quite fitting. It is obvious that the avocado in- the members of the avocado industry who are nio Peredo of the Wake Island Defenders, dustry is at a crossroads, and the future for demanding that the avocado industry not be Celestin Babauta of the Air Force Retirees As- avocado growers is uncertain. put in jeopardy as a result of such a dramatic sociation, Jose S. Reyes of the Guam Civilian I an honored that today's ceremonies are policy change. The avocado growers' request Scouts, and Peter C. Siguenza of the Third taking place within my district at the Escon- that credible and sound science be employed Marine Division Association. On this year's Veteran's Day commemora- dido Center for the Arts. Two months ago, the with the decisionmaking process should be tion, I would like to once again commend all U.S. Department of Agriculture [USDA] Animal granted. Plant Health Inspection Service [APHIS] held the men and women who have truly been in- f hearings at the same site to discuss the strumental to the great success of this Nation. proposed rule to modify the 81-year-old quar- SALUTE TO GUAM’S VETERANS On behalf of the people of Guam, I offer all of antine on the importation of fresh Mexican our Nation's veterans my sincerest thanks and Hass avocados. I joined with the thousands of HON. ROBERT A. UNDERWOOD appreciation for their contributions and sac- members of the avocado industry to voice my rifices. OF GUAM A special commendation is also in order for concerns to any change in the United States IN THE HOUSE OF REPRESENTATIVES policy with regard to Mexican Hass avocados the top veterans of Guam for the year 1995. that is not based on sound science. Tuesday, November 7, 1995 They have truly distinguished themselves as It is apparent that certain species of fruit Mr. UNDERWOOD. Mr. Speaker, on No- vital contributors to the growth of the island. I flies and seed weevils are known to attack vember 11, our Nation will observe Veterans commend and congratulate this year's select- and destroy avocados. For years, Mexican Day, a day dedicated in honor of the people ees for all their accomplishments and contribu- avocado growers have been unable to eradi- who have, in times of war and peace, willingly tions to the community. cate pests from their crops despite the use of and unselfishly offered their services to the f chemical methods unavailable in the United American people. We, on Guam, appreciate HONORING PRIME MINISTER States. With the 1994 avocado harvest in ex- the important contributions of our veterans. YITZHAK RABIN cess of 550 million pounds, I believe the pro- We recognize the sacrifices they have made posal to allow Mexican Hass avocados into in order to preserve for us the blessings of lib- the United States would put the crop at risk. erty. HON. THOMAS M. DAVIS In fact, these insects could very well devastate In the same respect, we also commend the OF VIRGINIA U.S. avocado production, altogether. importance of veterans and their personal IN THE HOUSE OF REPRESENTATIVES Mexico is currently requesting access to commitment to our communities. Most veter- Tuesday, November 7, 1995 United States markets for fresh Hass avoca- ans return to their hometowns to actively par- Mr. DAVIS. Mr. Speaker, I rise today to pay dos based on conclusions from a research ticipate in community affairs. On Guam, their tribute to the late Prime Minister of Israel, study and pest survey data. However, I be- unsolicited contributions have made the island Yitzhak Rabin. Of the many tributes paid him, lieve that the scientific data submitted by Mex- a better place to live in. By virtue of their out- during the memorial service at Congregation ico to support its request is weak, lacking in- standing achievements and numerous con- Olam Tikvah of Fairfax, VA, on November 6, tegrity, and does not justify any change to the tributions, they serve as effective role models 1995, in my opinion Rabbi Melvin J. Glazer's current quarantine policy. I am also concerned to all members of the community, especially was most poignant and moving. with the conclusions of the risk analysis per- the young people. They are vital forces of de- Mr. Speaker, I believe that my colleagues formed by APHIS. The USDA must rely on a velopment and growth. will appreciate hearing the words of Rabbi E 2120 CONGRESSIONAL RECORD — Extensions of Remarks November 7, 1995 Glazer, and I am pleased to have Rabbi Glaz- And even worse, they are shame and a dis- Hispanic woman to serve as the CSBA presi- er's tribute to Prime Minister Rabin entered grace to God, who surely cries at their nar- dent. I know that through her work with CSBA, cissism even as he deplores their violence. into the RECORD. Ms. Perez has had a very positive impact on Yitzhak Rabin stood for peace, they stand STATEMENT BY RABBI MELVIN J. GLAZER for taking human life. Yitzhak Rabin California's education system. YITZHAK RABIN, MEMORIAL SERVICE, OLAM preached reconciliation, they take the law In addition to this statewide leadership role, TIKVAH NOV. 6, 1995 into their own hands. Yitzhak Rabin reached Ms. Perez has been a trustee of the Sac- This morning on the radio, one of those out his hand to his and our former enemies, ramento City Unified School District since who visited the Israel Embassy to pay his re- they would live in a world of hatred forever. 1982. She is also the executive director of spects to Prime Minister Rabin, was asked These are not our people, my friends. These Sacramento's Community Resource Project, the question, ‘‘why are you here?’’ to which Jews are to be rejected and expelled and Inc., a nonprofit organization involved in hous- he answered, with tears in his eyes and a shamed by the rest of us. We must not let lump in his throat, ‘‘because I care.’’ And ing and education issues. Previously, she ourselves ever become like them, otherwise worked as a program developer for the Cali- that is why we are here as well, because we they will win, and we can never, ever let that care. We care about the State of Israel, and happen. fornia Department of Aging and as a work ex- we care about the peace process. We care That is why the peace process will go on. perience coordinator for the Washington Uni- about a human life being snuffed out like a Rabin was a warrior for peace, and now there fied School District in Yolo County, CA. She candle, and we care about a grieving wife and will be others who will take his place. But he has also served on the State House Con- a family who have lost their husband, their was the first. He was the man who liberated ference on Aging and the State House Con- father, their grandfather. We care about an the Kotel, the Western Wall of the Temple in ference on Children and Youth. entire nation of men and women who have 1967, and he is the man who shook Arafat’s lost their leader, their guide, their beacon. Although these professional roles represent hand and began the search for peace in ear- a very significant contribution to the commu- Yitzhak Rabin was not killed by one man, nest. He will be remembered not as a martyr, even though only one man pulled the trigger. but as a peacemaker, as a head of state, as a nity, Ms. Perez has not been satisfied with this Yitzhak Rabin was killed by a group of fun- loving husband, a caring father and a doting work alone. She has taken on a variety of damentalist Jews who simply could not ac- grandfather. other community service projects including in- cept the reality of the new world in which One or two concluding thoughts. I remem- volvement with the Education Committee of they lived. A little less than 2 weeks ago, ber where I was the day President Kennedy the Cal-Neva Community Action Association, Yitzhak Rabin was protrayed as a Nazi; sev- was shot, as I suspect you do as well. I look eral months ago a group of Orthodox rabbis the Private Industry Council, the Sacramento back upon the past 32 years since that ter- County Affirmative Action Committee, the Jun- said it was God’s will not to obey the orders rible day, and I see here in the United States of Israel’s military if you did not agree with the steady rise of violence, political, racial ior Women's League, the Child Abuse Task them. In this week’s issue of the Jerusalem and marital. Kennedy’s assassination made Force of Sacramento County, the Mayor's Report, there is an article which tells of a the unthinkable suddenly thinkable. I am sa- Committee on Hispanic Affairs, and the May- Kabbalistic curse placed on the Prime Min- cred, no, I am terrified that that same toler- or's Committee on Child Care. ister. He was cursed with ‘‘pulsa denura,’’ ance and acceptance for violence will now Ms. Perez' achievements have been recog- lashes of fire, for his heretical policies. And come to the Jewish state as it came to nized by a variety of organizations. She has so, say these mystics, he must die. As the America. If anything could possibly be worse Aramaic text stated, ‘‘we have permission to been honored as the Sacramento YWCA's than the death of Yitzhak Rabin, that would Woman of the Year and Mujer Inc.'s Hispanic demand from the angels of destruction that be it. I pray that sanity will prevail, that Is- they take a sword to this wicked man, to kill raelis will stop and reflect, and let Yitzhak Woman of the Year. She has also received him, for handing over the Land of Israel to Rabin the peacemaker be their teacher in the Outstanding Contribution in the Field of our enemies, the sons of Ishmael.’’ This death even as he was in life. He stood for Education Award from the California Depart- curse was issued on Yom Kippur, Oct. 4, and peace, we can do no less. ment of Justice, the Community Service it was to take place with 30 days. Mr. Rabin Finally, I am touched by so many expres- Award from the Hispanic Chamber of Com- was killed Nov. 4. sions of mourning and sympathy shown the merce, and the Outstanding Contribution to The stage had been ably set for the tragedy Jewish people and the State of Israel from that was soon to become a reality. Violence, Head Start from Sacramento Employment and around the world. In Israel itself, more than Training. physical violence, was talked about openly, 1 million people came to the Knesset in Jeru- even encouraged, and the Prime Minister of salem to say goodbye to their leader. That is As we approach the 21st century, California the State of Israel was shot and killed. 1⁄5 the population of the entire nation. I see and the Nation face serious challenges in the How do we make sense out of this act them, and I am proud. I see them and I am area of education. The dedication of individ- which makes no sense at all? How could it hopeful. Perhaps there is hope. Perhaps the uals like Louise Perez will be absolutely es- happen? Our Tradition says plainly, Thou good people of Israel will yet rise up to sup- sential if we are to achieve our goals in this Shall Not Murder. Our Tradition says plain- port the hard choices of peace rather than area, which is so vital to our future well-being. ly, ‘‘Love thy neighbor as thyself.’’ Our Tra- the easy way of killing and death. Perhaps dition says plainly, ‘‘these and these are the In her role as CSBA president, she has called we will yet see peace in our lifetime between on all of us to recommit ourselves and take re- words of the living God. ‘‘But not everyone the children of Israel and the children of hears these words the same way. There are Ishmael. If so, and I pray for that peace sponsibility for the education of all of our Na- those who arrogate to themselves the truth, daily, as I am sure you do, then once again tion's children. I thank Ms. Perez for her ef- those who believe that theirs is the only God’s Chosen People will have been a light forts in delivering this vitally important mes- way, the only interpretation, the only truth. unto the nations, showing the world that ha- sage and deeply hope that her call will be an- There are those who forget that GOD is the tred need not last forever, that peace is the swered. only truth, and when we take on that role, handiwork of God and the gift to our chil- f life, all of life, is in jeopardy. Jewish fun- dren and their children after them. What a damentalists, especially those who live in fitting memorial that would be for our be- COL. DAVID A. NAPOLIELLO, HON- the State of Israel and who do not serve in loved Yitzhak Rabin, to know that his ef- the Israeli army or pay taxes to the state of ORABLE SOLDIER AND PUBLIC forts brought the world closer to God’s gift SERVANT Israel but who insist on proclaiming that the of shalom. I pray that it come to pass soon. Messiah will come only when Israel gives in to their demands, perhaps should not be al- f HON. RODNEY P. FRELINGHUYSEN lowed to remain in the state of Israel. If TRIBUTE TO LOUISE PEREZ these right-wing fanatics were non-Jews, we OF NEW JERSEY would rightfully, call them anti-Semites and IN THE HOUSE OF REPRESENTATIVES demand they be banished. HON. ROBERT T. MATSUI Tuesday, November 7, 1995 Those Jews who kill, they are not our peo- OF CALIFORNIA Mr. FRELINGHUYSEN. Mr. Speaker, today, ple, and they deserve none of our respect, IN THE HOUSE OF REPRESENTATIVES only our contempt. I believe they should be I rise to pay tribute to a fellow Vietnam War expelled from decent society, they have no Tuesday, November 7, 1995 veteran and a dedicated member of the U.S. place among humanity. First we had Baruch Mr. MATSUI. Mr. Speaker, I rise to give rec- Army upon his retirement after more than 27 Goldstein killing Moslems at prayer and now ognition to an individual that has demonstrated years of dedicated service to his country. we have Yigal Amir killing our Prime Min- strong commitment to the improvement of Colonel Napoliello is most deserving of our ister at a peace rally, both of them taking life into their own hands. Why should they education in California. In December, Ms. Lou- tribute. His career accomplishments reflect the and their supporters be allowed to remain? ise Perez will be completing a year as presi- type of military leader this Nation has de- We do not need our own Jewish Hamas, they dent of the California School Boards Associa- pended upon for over 20 years in both war are a shame and a disgrace to every decent tion [CSBA], after several years in leadership and peace. I would like to take a few minutes Jew and non-Jew on the face of this earth. positions with that organization. She is the first to highlight Dave's career milestones. November 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2121 After graduating as a distinguished military program called the Manhattan project. The few American community, I believe that this very graduate from the University of Nebraska with inhabitants of this remote mesa were relo- young countryÐyet very ancient nationÐwill a bachelor of science degree in business ad- cated and by 1945 some 7,000 scientists, en- prevail. ministration and the field artillery officer basic gineers, construction workers, and their fami- Mr. Speaker, the following is the text of course in 1968, Colonel Napoliello served with lies lived in Los Alamos and worked on a President Ter-Petrosian's speech from Octo- a 175/8′′ battery in Vietnam. Upon completion project no one could talk about. ber 25. I urge my colleagues to read this of his tour of duty in Vietnam, he was as- Today, of course, many are talking about statement to gain a greater insight into the signed to Germany where he commanded a the atomic bomb developed at Los Alamos, challenges facing the people of Armenia and sergeant missile battery. the first test at the Trinity site in southern New the prospects for the entire Caucasus region. Upon his return to the United States, he Mexico, and of course the two bombs dropped STATEMENT OF ARMENIAN PRESIDENT LEVON was assigned as an assistant professor of at Hiroshima and Nagasaki. TER-PETROSIAN military science at Creighton University and While we in New Mexico couldn't say much Dear compatriots, your eminencies, sen- then served with the U.N. Truce Commission about the project 50 years ago, we are doing ators, members of the House of Representa- on the Golan Heights and in the Sinai. plenty of talking today. There are several mu- tives, representatives from the Clinton ad- In 1979, he was assigned to Fort Lewis, seums devoted to our State's atomic role and ministration, ambassadors—I hope I have Washington and served as operations officer all worth a visit. In Los Alamos, the Bradbury this in correct protocol order. In this hall and executive officer for a 155/8′′ artillery bat- Science Museum has interactive exhibits, pho- there are so many members of Congress, I talion and subsequently as division artillery ex- suppose we could hold a session of Congress tographs, models, and a film called, ``The and resolve all of our differences right here. ecutive officer. After a tour at the Pentagon Town That Never Was.'' The Los Alamos His- In the speeches given here today, Armenia with the Department of the Army, he com- torical Museum has geological and anthropo- was presented in such a wonderful way that manded a 155/8′′ artillery battalion at Fort logical exhibitions and re-creations of wartime I have very little left to say myself. In any Ord, CA. life in Los Alamos. The National Atomic Mu- case the people who are here in this hall In recent years he has served as director of seum at Kirtland Air Force Base in Albuquer- have been with us from day one; they have resource management at the U.S. Army Quar- que is also a must-see for those interested in participated in the building of the country, termaster School, special assistant to the understanding our Nation's atomic history and and they are very well informed about the goings on in Armenia. For that reason, I am commanding general, Training and Doctrine New Mexico's proud role. Command, and as the first project manager not going to speak about Armenia’s prob- The incredible story of the development of lems and Armenia’s economic situation. In- for the Army's Advanced Field Artillery System atomic energy is also the story of incredible stead, I am going to speak about our prin- at Picatinny Arsenal, which resides in New people. These wonderful museums are not ciples and about the ideology of our state. Jersey's 11th Congressional District. For the only a legacy to the defense of our Nation, but You consider the elections that took place past 20 months he has served as the senior a fitting tribute to the endeavors of thousands this summer to be a new step toward democ- military assistant to the Under Secretary of of New Mexicans united in common cause racy in our country. I agree. But, it must be Defense (Comptroller). over 50 years. noted that there has been a more important development. With the election of July 5, Ar- Colonel Napoliello holds a masters of busi- I urge my colleagues to join me in recogniz- ness degree from the University of Utah and menia got rid of Communism once and for ing New Mexico's contribution to the atomic all. The Communists now have only seven a master of arts in international relations. Ad- age, praising our outstanding museums which seats in Parliament. This is not the case in ditionally, he is a graduate of the Army Com- have recorded our achievements, and saluting any other former Soviet republic, or even in mand and Staff College, the Armed Forces the thousands of men and women who played any other former socialist republic. Com- Staff College, the Army War College, and the a critical role in the development of atomic en- munism is buried once and for all in Arme- Naval War College. ergy. nia. He has received, the Defense Superior This means that Armenia has selected its f Service Medal, two awards of the Legion of path in a very clear manner. That path is de- Merit, five Meritorious Service Medals, five ARMENIAN PRESIDENT TER- mocracy and the free-market system. This is awards of the Air Medal, the Army Com- our state ideology today, and we are going to PETROSIAN WORKS TO BUILD follow this path until the end. I cannot mendation Medal, the Army Achievement DEMOCRACY, STABILITY promise that, during the time of my admin- Medal, the U.N. Observer Medal, the Army istration, we will succeed in creating a com- and Department of Defense Staff Identification HON. FRANK PALLONE, JR. plete democracy and a complete free-market Badges, and the Air Crewman's Badge. economy—I cannot promise this, and I do OF NEW JERSEY Colonel Napoliello is married to the former not promise this. But I do promise that our Sharon Holmquist and they have two children. IN THE HOUSE OF REPRESENTATIVES administration will do everything in its Mr. Speaker, it is a great honor for me to Tuesday, November 7, 1995 power to make democracy and the free mar- ket irrevocable. This is the issue we face, present the distinguished personal and profes- Mr. PALLONE. Mr. Speaker, on October 25, sional credentials of Col. David A. Napoliello and in this matter, we cannot take steps 1995, the Armenian Assembly of America pre- backward—we will not waver. We will con- before the Congress today. It is clear, through sented a tribute in honor of Levon Ter- tinue until the end. his stated accomplishments for his country, Petrosian, President of the Republic of Arme- The next important principle of our ideol- that he has been a man who daily dedicates nia. Along with distinguished colleagues from ogy is the matter of national security. Here, himself to the peace and freedom we enjoy as both houses of Congress and both parties, too,we are not trying to implement some a Nation. All his actions reflect a true leader representatives of the administration and the sort of a very complicated philosophy. Rath- with a clear sense of purpose, conviction, and er, we see resolution of this as a very simple diplomatic corps, and hundreds of Armenian- issue. We find that no security system and conscience of service to his country. We wish Americans, I had the great honor of welcom- him continued success in all his future en- no superpower—be it the United States or ing the Armenian President on his visit to our Russia—can guarantee our security. deavors. Nation's capital. We believe that the key to our national se- f As the founder and, along with the gen- curity is our friendship with our neighbors. Armenia does not want to have any enemies. NEW MEXICO’S ATOMIC MUSEUMS tleman from Illinois [Mr. PORTER], Co-Chair- man of the Congressional Caucus on Arme- Nor does Armenia consider any country to be nian Issues, I consider United States-Armenia its enemy—not even Azerbaijan. We do not HON. BILL RICHARDSON consider Azerbaijan to be our enemy. Azer- relations to be one of our key foreign policy baijan is a country with which we have seri- OF NEW MEXICO objectives. The Armenian people, having sur- IN THE HOUSE OF REPRESENTATIVES ous political problems. And we must resolve vived the genocide perpetrated against them the problems. We must resolve our political Tuesday, November 7, 1995 by the Ottoman Turkish Empire, and seven problems with Azerbaijan—not be deepening Mr. RICHARDSON. Mr. Speaker, as our decades of Soviet-oppression, have struggled enmity—but through peaceful negotiations great Nation celebrates the 50th anniversary valiantly to rebuild their country as a democ- as a serious political process. And that reso- of the end of World War II, many of our citi- racy while establishing good relations with the lution must guarantee the dignified and se- cure existence of Nagorno Karbagh. zens are visiting my home State of New Mex- world community. It has not always been Even though Armenia is starting to stand ico, the birthplace of the atomic weapons easy, given the blockades imposed upon Ar- up on its feet in an economic sense today— which made the war's ending possible. menia by her neighbors Turkey and Azer- and that is thanks, not only to our efforts in It was in 1942 when scientists first arrived in baijan. But with the strong support of the Unit- the area of the economy, but also to the ef- Los Alamos, NM, to work on a super secret ed States and the solidarity of the Armenian- forts and assistance of the international E 2122 CONGRESSIONAL RECORD — Extensions of Remarks November 7, 1995 community, and especially the United States such a serious foundation for relations be- mental policy, and a close working relationship of America—but, nonetheless, we are still in tween our countries that, on the base of this with Congress and EPA, will undoubtedly a very difficult economic situation. We have foundation, Amb. Tomsen, who is now in allow it to help shape the course of environ- complex issues in the area of energy. We are Yerevan, is continuing. hopeful that this winter will be less severe I also want to express special thanks to the mental protection into the next century. than last winter. We are better prepared for man who worked the hardest and suffered f the winter than we were last year and in most this evening, Amb. Edward Djerejian. years past. Soon our atomic energy plant I feel an obligation to say that the honor POPCORN RESEARCH, PROMOTION, will also be supplying electricity, certainly you are giving me this evening is your way AND CONSUMER INFORMATION by winter. of expressing your debt of honor to our he- ACT But, I believe that there is a more impor- roic people’s patience and stamina. I would tant precondition than energy for Armenia’s like to see us all, together, keep the honor of economic future. That is the means of com- our people high. HON. TOM LATHAM munication between Armenia and the out- Thank you. OF IOWA side world. This is more important, in eco- f IN THE HOUSE OF REPRESENTATIVES nomic terms, than all other issues. Until we Tuesday, November 7, 1995 are able to have open access to the outside RECOGNITION OF AMSA ON THE world through all our neighbors—Azerbaijan, OCCASION OF ITS 25TH ANNIVER- Mr. LATHAM. Mr. Speaker, today I am intro- Iran, Turkey and Georgia—we cannot have a SARY ducing the Popcorn Research, Promotion, and normal economy. Our economic destiny de- Consumer Information Act which will allow the pends on two things: the pace of economic U.S. Department of Agriculture to issue an reforms in Armenia, and how fast Armenia HON. BUD SHUSTER OF PENNSYLVANIA order establishing a popcorn checkoff pro- can become integrated into the international economic system. This is the issue that we IN THE HOUSE OF REPRESENTATIVES gram. This would be similar to other agricul- must resolve together with you. Tuesday, November 7, 1995 tural checkoff programs for dairy, beef, pork, I want to express my deep gratitude to all eggs, potatoes, and soybeans, to name only a of you for the great efforts which you have Mr. SHUSTER. Mr. Speaker, on behalf of few. made on behalf of Armenia—efforts which myself and JIM OBERSTAR, the ranking Demo- Americans consume 17.3 billion quarts of are already showing fruition. And through crat of the Transportation and Infrastructure popcorn annually, or 68 quarts per man, the people who are gathered here, I consider Committee, I wish to take this opportunity to woman, and child. It is one of the most whole- it my duty to express my gratitude to the congratulate the Association of Metropolitan some and economical foods available. Last people and the government of the United Sewerage Agencies [AMSA] on the occasion year, over 7,500 acres in popcorn production States of America. The aid that the United of its 25th anniversary. AMSA is the only na- were harvested in my home State of Iowa, States has given to Armenia over the past tional trade association exclusively represent- which is also home to several of the major four years has been vital to Armenia. ing the unique interests of our country's larg- I have several aspects in mind: first, the popcorn processors. est wastewater treatment agencies. As the great humanitarian assistance that has been The popcorn industry has always rallied to first line of defense in our national campaign given to Armenia; second, the role of the promote and market its product. As a result of against water pollution, AMSA members are United States in the huge assistance that these efforts, total popcorn sales have grown the International Monetary Fund and the responsible for the high degree of water qual- throughout the past several years, but a great World Bank have given Armenia starting ity that we now enjoy in the United States. last year; and, third, the great role that the The emergence of AMSA as a nationally potential exists to accelerate this trend with a United States has played in maintaining recognized leader in environmental policy and larger, cooperative effort. peace and stability in our region, and in de- a sought-after technical resource on water Under a popcorn checkoff program, popcorn veloping a political resolution to the issue of quality and ecosystem protection issues has processors would first vote to determine Nagorno Karabagh. This is such an impor- whether the program should go into effect. If tant contribution toward putting our coun- paralleled the maturation of the Nation's most successful environmental lawÐthe Clean a majority votes in favor, each popcorn proc- try on its feet, that we can consider the essor would pay a small assessment on each United States to be a participant in the es- Water Act. AMSA was established in 1970 by tablishment of Armenian statehood. representatives of 22 municipal sewage agen- pound of popcorn marketed. The Secretary of A few moments ago, Senator McConnell cies to secure Federal funding for municipal Agriculture would then select a popcorn board, pointed out that aid to Armenia not only wastewater treatment and serve as a forum to made up of people from the industry to admin- emanates from the interests of Armenia, but discuss emerging national interest in improv- ister the program, with oversight by the USDA. also from the interests of the United States. ing the quality of the Nation's waters. Based The funds collected would be used for re- This is true. It is true because Armenia has upon the shared goal of effectively represent- search, promotion, and consumer information the opportunity—of course, with your help— projects with the goal of increasing consump- to become a model—a model in terms of de- ing the interests and priorities of publicly mocracy, a model in terms of the free mar- owned treatment works, they formed AMSA. tion of popcorn. ket, and this is the realization of the faith of In the quarter century that followed, the as- I look forward to full consideration of the the United States. sociation grew and its interests diversified. Popcorn Research, Promotion, and Consumer In conclusion, I want to express my deep Today, AMSA is a dynamic national organiza- Information Act by the House of Representa- gratitude to each and everyone of you. First, tion involved in all facets of water quality pro- tives. This proposal will provide great benefits from day one, you have stood by our govern- tection and representing over 160 municipali- to the production of popcornÐand at no cost ment unconditionally, and I hope that we to the Federal Government. have not let you down. I am sure that, here- ties. Viewed as a key stakeholder in both the after in the same manner, you will show the legislative and regulatory arenas, AMSA has f same faith and the same unconditional spirit built credible and collaborative relationships in standing by us—both in our difficult days with Members of Congress, Presidential ad- A SPECIAL TRIBUTE IN HONOR OF and in our bright future, which I am sure is ministrations and the Environmental Protection REV. WALLACE HARTSFIELD going to come. Agency. Recent years have reflected height- I also want to emphasize the role of the Ar- ened involvement for the association in a HON. KAREN McCARTHY menian Assembly—headed by my friend, broadening array of environmental laws and OF MISSOURI Hirair Hovnanian—in these years of our independence. This is an opportunity to say regulations, including the gamut of ecosystem IN THE HOUSE OF REPRESENTATIVES issues encompassed under the umbrella of that you are the organization which has Tuesday, November 7, 1995 proven that it is possible—without political watershed management, among them ambitions—to help Armenia in a much great- nonpoint source pollution control and the pro- Ms. MCCARTHY. Mr. Speaker, it is with er way than otherwise. And I think this tection of air quality and endangered species. great pride and respect that I rise today to should be a model for the diaspora. As chairman of the Transportation and Infra- bring to your attention, and to the attention of In conclusion, I want to put aside this offi- structure Committee, I am in a good position the House, the outstanding work and commit- cial mask for a moment—I am a human to observe that AMSA has met the goal of its ment of Rev. Wallace Hartsfield for the last 29 being, after all—and say a few words of ap- years to parishioners of the Metropolitan Mis- preciation to a man who, as a friend in our founders and continues to pursue every op- most difficult times—in our coldest and portunity to develop and implement scientif- sionary Baptist Church in Kansas City. darkest days—was with us, and was also a ically based, technically sound and cost-effec- Reverend Hartsfield was born in Atlanta, key person in creating close relations be- tive environmental programs. GA, November 13, 1929. He was an only tween Armenia and America. That was AMSA's active membership, prominence as child, raised by his mother, Ruby Morrissatte. Harry Gilmore. Ambassador Gilmore set a nationally recognized leader in environ- Reverend Hartsfield received a bachelor of November 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2123 arts degree in 1954 from Clark College in At- Seminary and College of Lyncher, VA; he re- consideration the bill (H.R. 1833) to amend lanta and a master of divinity degree from ceived the Minister of the Year Award from the title 18, United States Code, to ban partial- Gammon Theological Seminary in Atlanta, in Baptist Ministers Union of Kansas City; a Pub- birth abortions: 1957. His first pastorate was at a Baptist lic Service Award from the Ad Hoc Group Mrs. CLAYTON. Mr. Chairman, I come be- church in Pickens, SC. Against Crime; the Role Model for Youth fore this House today to protect the intent of Reverend Hartsfield is married to Matilda Award from Penn Valley Community College, this legislation. In this country, we have a de- Hopkins and this year on August 28 they cele- in Kansas City; and a Community Service mocracy, not a police stateÐso why are we in brated their 38th wedding anniversary. Rev- Award from Kansas City, MO, and then-mayor erend and Mrs. Hartsfield are the proud par- Richard Berkeley, among others. government legislating medicine as well as ents of four wonderful children: Pamela Faith, Reverend Hartsfield is also chairman of the morality? Danise Hope, Ruby Love, and Wallace S. Economic Development Commission of the It is not the right of this House to govern, to Hartsfield II. National Baptist Convention of America, Inc.; micromanage how American physicians prac- I have known Reverend Hartsfield over the second vice president of the National Baptist tice medicine. Who are we, without the benefit years through his extensive involvement in the Convention of America, Inc.; president of the of the knowledge and specialized training, to community. He has been a leader in many Greater Kansas City Chapter of Operation dictate what procedures may or may not be worthwhile causes and a wonderful role model PUSH; and an adjunct professor of the Central performed by physicians. A weighty decision for our city's young people. Baptist Theological Seminary in Kansas City, such as this should be left up to the mother, Reverend Hartsfield recently chaired the KS. the father, their faith, and their physicianÐnot capital fund campaign to expand and update Reverend Hartsfield is a member of the controlled by government edict that is inflexi- Kansas City's Swope Parkway Health Center, board of directors for the national organization which provides invaluable assistance to many of Operation PUSH, the Congress of National ble and ignores the specific and individual people who could not otherwise afford or have Black Churches in Washington, DC, and the tragic circumstances. H.R. 1833 is a perilous access to quality, state-of-the-art health care. Morehouse School of Religion in Atlanta, GA, infringement on the right of an individual phy- Millions of dollars were raised and the new among others. sician to determine appropriate and necessary health center stands as a testament to the We are celebrating Reverend Hartsfield's medicine treatment for each of their patients. untiring efforts of committed and dedicated 29th anniversary as pastor at the Metropolitan The legislative language of H.R. 1833 is ex- people like Reverend Hartsfield. Missionary Baptist Church in Kansas Ctiy, and tremely vague, without definitions of key recognizing all of his good work and the lead- His leadership was invaluable, also, in rede- phrases such as ``partial-birth abortion'' or ``liv- ership he has provided in the community over veloping a blighted part of Kansas City when ing fetus''. With bills such as this, it is critical he led the Baptist Ministers Union of Kansas that span of time. He has blessed the lives of so many. Reverend Hartsfield loves people to have a concretely and tightly delineated City in their efforts to demolish the old St. Jo- definition for these terms of art. Without such seph's Hospital and replace it with a much- and he loves helping people. He has made a definitions, this act of Congress would be inef- needed new shopping center, the Linwood difference in the city he calls home, Kansas fectual and unenforceable since no physician Shopping Center. Residents of the city's City, and we're proud to have him as one of central core had to travel some distances to its outstanding citizens. would be able to meet the burden of proof re- buy groceries, drop off dry cleaning, and have Today, Mr. Speaker, I ask that you and our quired for justification and defense of their ac- a prescription filled, before the new develop- colleagues join with me and the congregation tions. ment became a reality. Reverend Hartsfield of the Metropolitan Missionary Baptist Church, Unfortunate circumstances, such as fatal successfully led the charge to come up with the family of Reverend Hartsfield, and the citi- fetal abnormalities and the fragility of the sufficient investment capital for the project, zens of Kansas City, MO, in congratulating mother's life, call for sometimes unpleasant Reverend Hartsfield for his 29 years of service when resources for new development in that but necessary actions to sustain. This proce- to his church and his community, and in wish- area of the city were scarce. He was also in- dure is performed rarely and only as a last re- strumental in the construction of a low-income ing him many more wonderful years as pastor of the Metropolitan Missionary Baptist Church. sort in order to preserve the life and the repro- 60-unit housing development, known as Met- ductive health of the mother. In tragic cases f ropolitan Homes, in that same geographical such as these, the families and the physicians area. PARTIAL-BIRTH ABORTION BAN have been through enoughÐespecially faced Reverend Hartsfield has received numerous ACT OF 1995 with possibility that the mother will die as well awards, including the One Hundred Most Influ- as the child. Why turn them into criminals? ential Award from the Kansas City Globe SPEECH OF newspaper; the Greater Kansas City Image Mr. Speaker, I call on my colleagues to de- Award, presented by the Urban League; he HON. EVA M. CLAYTON feat this nebulous legislation that places physi- was named ``One of the Top 50 Ministers in OF NORTH CAROLINA cians, who are charged by the Hippocratic America'' by Upscale magazine of Atlanta, IN THE HOUSE OF REPRESENTATIVES Oath to save lives, at risk for criminal pen- GA; he received an honorary doctor of divinity Wednesday, November 1, 1995 alties as they strive to accomplish that goal. degree from both Western Baptist Bible Col- The House in Committee of the Whole lege in Kansas City and also from the Virginia House on the State of the Union had under Tuesday, November 7, 1995 Daily Digest Senate Chamber Action Communications: Page S16753 Statements on Introduced Bills: Pages S16754±56 Routine Proceedings, pages S16713–S16759 Additional Cosponsors: Page S16756 Measures Introduced: Four bills were introduced, as follows: S. 1397–1400. Pages S16753±54 Notices of Hearings: Page S16756 Measures Reported: Reports were made as follows: Authority for Committees: Page S16757 S. 1316, to reauthorize and amend title XIV of Additional Statements: Pages S16757±58 the Public Health Service Act (commonly known as Adjournment: Senate convened at 10 a.m., and ad- the ‘‘Safe Drinking Water Act’’), with amendments. journed at 6:52 p.m., until 9:30 a.m., on Wednes- (S. Rept. No. 104–169) Page S16753 day, November 8, 1995. (For Senate’s program, see Measures Passed: the remarks of the Acting Majority Leader in today’s Perishable Agricultural Commodities: Commit- RECORD on page S16758.) tee on Agriculture, Nutrition, and Forestry was dis- charged from further consideration of H.R. 1103, Committee Meetings entitled ‘‘Amendments to the Perishable Agricultural Commodities Act, 1930’’, to modernize, streamline, (Committees not listed did not meet) and strengthen the operation of the Act, and the bill PUBLIC LANDS was passed, clearing the measure for the President. Page S16758 Committee on Energy and Natural Resources: Sub- committee on Forests and Public Land Management Partial-Birth Abortion Ban: Senate began consider- held hearings on S. 590, to compensate a named in- ation of H.R. 1833, to amend title 18, United States dividual for alleged losses incurred on a claim for a Code, to ban partial-birth abortions. Pages S16730±52 placer mine near the Frank Church wilderness area A unanimous-consent agreement was reached pro- on the Middle Fork of the Salmon River in Idaho, viding for further consideration of the bill on S. 985, to provide for the exchange of certain lands Wednesday, November 8, 1995. Page S16758 in Gilpin County, Colorado, S. 1196, to transfer cer- D.C. Appropriations, 1996—Conferees: Pursuant tain National Forest System lands adjacent to the to the order of Friday, September 22, 1995, and Townsite of Cuprum, Idaho, and S. 1371, to provide Thursday, November 2, 1995, the Chair appointed for the exchange to the Sun Valley Company certain conferees on H.R. 2546, making appropriations for National Forest System lands adjacent to the the government of the District of Columbia and Snowbasin Ski Resort in Salt Lake City, Utah to fa- other activities chargeable in whole or in part cilitate certain events at the 2002 Winter Olympics, against the revenues of said District for the fiscal receiving testimony from former Senator Garn; Gray year ending September 30, 1996, as follows: Senators F. Reynolds, Deputy Chief, Forest Service, Depart- Jeffords, Campbell, Hatfield, Kohl, and Inouye. ment of Agriculture; Wallace Huffman, Sun Valley Page S16724 Company, Sun Valley, Idaho; and G. Frank Joklik, Nominations Received: Senate received the follow- Salt Lake Olympic Organizing Committee, Salt Lake ing nominations: Markos K. Marinakis, of New City, Utah. York, to be a Member of the Board of the Panama Hearings were recessed subject to call. Canal Commission. NOMINATIONS 1 Army nomination in the rank of general. Committee on Environment and Public Works: Commit- Routine lists in the Air Force, Navy. tee concluded hearings on the nominations of Phillip Pages S16758±59 A. Singerman, of Pennsylvania, to be Assistant Sec- Messages From the House: Page S16753 retary of Commerce for Economic Development, and D 1315 D 1316 CONGRESSIONAL RECORD — DAILY DIGEST November 7, 1995

Rear Adm. John Carter Albright, National Oceanic Administration for Children and Families, Depart- and Atmospheric Administration, to be a Member of ment of Health and Human Services; W. Ron Allen, the Mississippi River Commission, after the nomi- Jamestown S’Klallam Tribe, Sequim, Washington, nees testified and answered questions in their own on behalf of the National Indian Policy Center; John behalf. Mr. Singerman was introduced by Senators Sunchild, Sr., Chippewa Cree Tribe of the Rocky Santorum and Lieberman. Boy’s Indian Reservation, Box Elder, Montana; CONTINGENCY FEE ABUSES Alvino Lucero, Pueblo of Isleta, Isleta, New Mexico; Charles Gourd, Cherokee Nation of Oklahoma, Tah- Committee on the Judiciary: Committee held hearings lequah; Roy Bernal, Albuquerque, New Mexico, and to examine certain contingency fee abuses and their Regis Pecos, Cochiti Pueblo, Cochiti, New Mexico, effect on the tort system, receiving testimony from both on behalf of the All Indian Pueblo Council; and William Fry, Helping to Abolish Legal Tyranny Charles Blackwell, Chickasaw Nation, Washington, (HALT), and Richard Vuernick, Citizen Action, D.C. both of Washington, D.C.; and Herbert M. Kritzer, University of Wisconsin, Madison. INTELLIGENCE Hearings were recessed subject to call. Select Committee on Intelligence: Committee met in INDIAN LANDS/AMERICAN INDIAN closed session to receive a briefing on intelligence POLICY INFORMATION CENTER matters from officials of the intelligence community. Committee on Indian Affairs: Committee ordered favor- Committee will meet again tomorrow. ably reported, with an amendment, S. 1341, to pro- vide for the transfer of certain lands to the Salt River WHITEWATER Pima-Maricopa Indian Community and the city of Special Committee to Investigate Whitewater Development Scottsdale, Arizona. Corporation and Related Matters: Committee resumed Also, committee concluded hearings on S. 1159, hearings to examine certain issues relative to the authorizing funds for fiscal years 1996 through 2000 President’s involvement with the Whitewater Devel- to establish an American Indian Policy Information opment Corporation, receiving testimony from Lloyd Center to provide for a centralized source of informa- Bentsen, former Secretary of the Treasury; and John tion and data to aid in developing Indian policy and J. Adair, Inspector General, Patricia Black, Counsel, to provide certain information to tribes, after receiv- Steven A. Switzer, Deputy Inspector General, and ing testimony from Ada E. Deer, Assistant Secretary Clark W. Blight, Assistant Inspector General for In- of the Interior for Indian Affairs; Gary Kimble, vestigation, all of the Resolution Trust Corporation. Commissioner, Administration for Native Americans, Hearings continue tomorrow. h House of Representatives the Secretary of Energy to sell the Alaska Power Ad- Chamber Action ministration, and to authorize the export of Alaska Bills Introduced: 8 public bills, H.R. 2586–2593; North Slope crude oil (H. Rept. 104–314); and 6 resolutions, H.J. Res. 115–117, H. Con. Res. H.R. 657, to extend the deadline under the Fed- 112, and H. Res. 254–255 were introduced. eral Power Act applicable to the construction of Page H11829 three hydroelectric projects in the State of Arkansas Reports Filed: Reports were filed as follows: (H. Rept. 104–315); H.R. 994, to require the periodic review and H.R. 680, to extend the time for construction of automatic termination of Federal regulations, amend- certain FERC licensed hydro projects (H. Rept. ed (H. Rept. 104–284, Part 2); 104–316); H.R. 1163, to authorize the exchange of National H.R. 1011, to extend the deadline under the Fed- Park Service land in the Fire Island National Sea- eral Power Act applicable to the construction of a shore in the State of New York for land in the Vil- hydroelectric project in the State of Ohio (H. Rept. lage of Patchogue, Suffolk County, New York, 104–317); amended (H. Rept. 104–313); H.R. 1014, to authorize extension of time limita- H. Res. 256, waiving points of order against the tion for a FERC-issued hydroelectric license, amend- conference report on S. 395, to authorize and direct ed (H. Rept. 104–318); November 7, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1317 H.R. 1051, to provide for the extension of certain Smithsonian Institution (passed by yea-and-nay vote hydroelectric projects located in the State of West of 390 yeas, Roll No. 768); Pages H11793, H11806 Virginia (H. Rept. 104–319); Oregon land conveyance: H.R. 1581, to require the H.R. 1290, to reinstate the permit for, and extend Secretary of Agriculture to convey certain lands the deadline under the Federal Power Act applicable under the jurisdiction of the Department of Agri- to the construction of, a hydroelectric project in Or- culture to the City of Sumpter, Oregon; egon, amended (H. Rept. 104–320); Pages H11793±94 H.R. 1335, to provide for the extension of a hy- Cleveland National Forest, California: H.R. 207, droelectric project located in the State of West Vir- amended, to authorize the Secretary of Agriculture to ginia (H. Rept. 104–321); enter into a land exchange involving the Cleveland H.R. 1366, to authorize the extension of time National Forest, California, and to require a bound- limitation for the FERC-issued hydroelectric license ary adjustment for the national forest to reflect the for the Mt. Hope Waterpower Project (H. Rept. land exchange; Pages H11794±96 104–322); Ozark wild horses: H.R. 238, amended, to provide H.R. 2366, to repeal an unnecessary medical de- for the protection of wild horses within the Ozark vice reporting requirement (H. Rept. 104–323, Parts National Scenic Riverways and prohibit the removal 1 and 2); of such horses; Pages H11796±98 H.R. 2494, to amend the Internal Revenue Code Fire Island land exchange: H.R. 1163, amended, to of 1986 to provide for the treatment of bad debt re- authorize the exchange of National Park Service land serves of savings associations which are required to in the Fire Island National Seashore in the State of convert into banks, amended (H. Rept. 104–324); New York for land in the Village of Patchogue, Suf- H.R. 2586, to provide for a temporary increase in folk County, New York; Page H11798 the public debt limit, amended (H. Rept. 104–325); Modoc National Forest: H.R. 1585, to expand the and boundary of the Modoc National Forest to include H. Res. 257, providing for the consideration of lands presently owned by the Bank of California, H.J. Res. 115, making further appropriations for the N.A. Trustee, to facilitate a land exchange with the fiscal year 1996 (H. Rept. 104–326). Pages H11828±29 Forest Service; Page H11799 Utah land exchange: H.R. 1838, to provide for an Speaker Pro Tempore: Read a letter from the exchange of lands with the Water Conservancy Dis- Speaker wherein he designates Representative Shays trict of Washington County, Utah; and Page H11783 to act as Speaker pro tempore for today. Pages H11799±H11801 Recess: House recessed at 12:54 p.m. and recon- Colorado land exchange: H.R. 2437, amended, to vened at 2 p.m. Page H11787 provide for the exchange of certain lands in Gilpin Suspensions: House voted to suspend the rules and County, Colorado. Pages H11801±03 pass the following measures: Recess: House recessed at 3:45 p.m. and reconvened Smithsonian Regent, Homer Alfred Neal: H.J. Res. at 6:02 p.m. Page H11803 69, providing for the reappointment of Homer Al- Middle East Peace Facilitation: House passed H.R. fred Neal as a citizen regent of the Board of Regents 2589, to extend authorities under the Middle East of the Smithsonian Institution (passed by yea-and- Peace Facilitation Act of 1994 until December 31, nay vote of 386 yeas, Roll. No. 765); 1995. Page H11807 Pages H11790±92, H11804 Smithsonian Regent, Howard H. Baker, Jr.: H.J. Res. Cuban Liberty and Solidarity Act: House dis- 110, providing for the appointment of Howard H. agreed to the Senate amendment to H.R. 927, to Baker, Jr. as a citizen regent of the Board of Regents seek international sanctions against the Castro gov- of the Smithsonian Institution (passed by yea-and- ernment in Cuba, and to plan for support of a transi- nay vote of 389 yeas, Roll No. 766); tion government leading to a democratically elected Pages H11792, H11804±05 government in Cuba; and asked a conference. Ap- Smithsonian Regent, Anne D’Harnoncourt: H.J. Res. pointed as conferees: Representatives Gilman, Burton 111, providing for the appointment of Anne of Indiana, Ros-Lehtinen, King, Diaz-Balart, Hamil- D’Harnoncourt as a citizen regent of the Board of ton, Gejdenson, Torricelli, and Menendez. Regents of the Smithsonian Institution (passed by Page H11807 yea-and-nay vote of 389 yeas, Roll No. 767); Honoring Life of Yitzhak Rabin: It was in order Pages H11792±93, H11805±06 on Wednesday, November 8, 1995, to consider in Smithsonian Regent, Louis Gerstner: H.J. Res. 112, the House S. Con. Res. 31, honoring the life and providing for the appointment of Louis Gerstner as legacy of Yitzhak Rabin; and that the previous ques- a citizen regent of the Board of Regents of the tion be considered as ordered on the resolution to its D 1318 CONGRESSIONAL RECORD — DAILY DIGEST November 7, 1995 adoption without intervening motion or demand for GIFT REFORM division of the question except 90 minutes of debate Committee on Rules: Concluded hearings on H. Res. equally divided and controlled by the chairman and 250, to amend the Rules of the House of Represent- ranking minority member of the Committee on atives to provide for gift reform. Testimony was International Relations. Page H11807 heard from Representative Johnson of Connecticut; Edible Oil Regulatory Reform Act: House agreed and public witnesses. to the Senate amendments to H.R. 436, to require FURTHER CONTINUING APPROPRIATIONS the head of any Federal agency to differentiate be- tween fats, oils, and greases of animal, marine, or Committee on Rules: Granted a rule, by a vote of 7 to vegetable origin, and other oils and greases, in issu- 2, providing one hour of debate in the House on ing certain regulations—clearing the measure for the H.J. Res. 115, making further continuing appropria- President. Pages H11807±08 tions for the fiscal year 1996. The rule provides for the immediate consideration of the joint resolution, Recess: House recessed at 9:40 and reconvened at without the intervention of any point of order. The 11 p.m. Page H11827 rule provides one motion to recommit, which may Meeting Hour: House agreed to meet at 11 a.m. on include instructions only if offered by the Minority Wednesday, November 8. Page H11827 Leader or his designee. Testimony was heard from Senate Messages: Message received from the Senate Chairman Livingston and Representatives Istook, today appears on page H11787. Thomas, Gekas, Shays, Smith of Michigan, Obey, and Skaggs. Quorum Calls—Votes: Four yea-and-nay votes de- veloped during the proceedings of the House today CONFERENCE REPORT—ALASKA POWER and appear on pages H11804, H11805, ADMINISTRATION ASSET SALE AND H11805–06, and H11806. There were no quorum TERMINATION ACT calls. Committee on Rules: Granted a rule, by voice vote, Adjournment: Met at 12:30 p.m. and adjourned at waiving all points of order against the conference re- 11:01 p.m. port to accompany S. 395, Alaska Power Adminis- tration Asset Sale and Termination Act, and against its consideration. The rule provides that the con- Committee Meetings ference report shall be considered as read. Testimony was heard from Chairman Young. MISCELLANEOUS MEASURES SHORT-TERM DEBT LIMIT EXTENSION Committee on Resources: Held a hearing on the follow- ing bills: H.R. 2560, to provide for the conveyances Committee on Ways and Means: Ordered reported, of certain lands in Alaska to Chickaloon-Moose amended, H.R. 2586, to provide for a temporary in- Creek Native Association, Inc., Ninilchik Native As- crease in the public debt limit. sociation, Inc., Seldovia Native Association, Inc., Tyonek Native Corp., and Knikatnu, Inc. under the Joint Meetings Alaska Native Claims Settlement Act; and H.R. ALASKA POWER ADMINISTRATION SALE 2561, Glacier Bay National Park and Preserve ACT Boundary Adjustment Act. Testimony was heard Conferees on Monday, November 6, agreed to file a from the following officials of the Department of the conference report on S. 395, to authorize and direct Interior: George T. Frampton, Jr., Assistant Sec- the Secretary of Energy to sell the Alaska Power Ad- retary, Fish and Wildlife and Parks; and John D. ministration, and to authorize the export of Alaska Leshy, Solicitor; and public witnesses. North Slope crude oil. MISCELLANEOUS MEASURES f Committee on Resources: Subcommittee on Fisheries, COMMITTEE MEETINGS FOR Wildlife and Oceans approved for full Committee WEDNESDAY, NOVEMBER 8, 1995 action the following bills: H.R. 1741, for the con- (Committee meetings are open unless otherwise indicated) veyance of the C.S.S. Hunley to the State of South Carolina; H.R. 2243, amended, Trinity River Basin Senate Fish and Wildlife Management Reauthorization Act; Committee on Governmental Affairs, Subcommittee on and H.R. 2100, amended, to direct the Secretary of Oversight of Government Management and The District the Interior to make technical corrections to maps of Columbia, to hold hearings to examine the courthouse relating to the Coastal Barrier Resources System. construction program, 9 a.m., SD–342. November 7, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1319

Committee on the Judiciary, to hold hearings to examine Subcommittee on International Operations and Human mandatory victim restitution, 10 a.m., SD–226. Rights and the Subcommittee on Asia and the Pacific, Committee on Labor and Human Resources, business meet- joint hearing on Human Rights in Vietnam, 2 p.m., ing, to mark up S. 1324, to amend the Public Health 2172 Rayburn. Service Act to revise and extend the solid-organ procure- Subcommittee on Western Hemisphere Affairs, hearing ment and transplantation programs, and the bone marrow on an Evaluation of Democracy in Nicaragua, 10 a.m., donor program, and to consider pending nominations, 2200 Rayburn. 9:30 a.m., SD–430. Committee on the Judiciary, to mark up the following Committee on Small Business, to hold joint hearings with bills: H.R. 2564, Lobbying Disclosure Act of 1995; and the House Committee on Small Business to examine H.R. 497, National Gambling Impact and Policy Com- small business concerns regarding railroad consolidation, mission Act, 11 a.m., 2141 Rayburn. 2 p.m., 1100 Longworth Building. Subcommittee on Courts and Intellectual Property, Select Committee on Intelligence, to hold closed hearings on hearing on H.R. 1446, Law Enforcement Officers Civil intelligence matters, 2 p.m., SH–219. Liability Act of 1995, 1 p.m., 2237 Rayburn. Special Committee To Investigate Whitewater Development Committee on National Security, hearing on operational Corporation and Related Matters, to continue hearings to implications of the proposed deployment of U.S. ground examine certain issues relative to the President’s involve- forces to Bosnia, 10 a.m., 2118 Rayburn. ment with the Whitewater Development Corporation, 10 Committee on Rules, to consider H.R. 2539, ICC Termi- a.m., SH–216. nation Act of 1995, 4 p.m., H–313 Capitol. Committee on Science, hearing on NASA Purchasing in House the Earth-Space Economy, 10 a.m., 2318 Rayburn. Committee on Standards of Official Conduct, executive, to Committee on Agriculture, Subcommittee on Resource consider pending business, 1:30 p.m., HT–2M Capitol. Conservation, Research, and Forestry, to mark up H.R. Committee on Transportation and Infrastructure, Sub- 2542, Conservation Consolidation and Regulatory Reform committee on Water Resources and Environment, hearing Act of 1995, 12:30 p.m., 1300 Longworth. on H.R. 2500, Reform of Superfund Act of 1995, 10 Committee on Banking and Financial Services, to continue a.m., 2167 Rayburn. markup of H.R. 2406, United States Housing Act of Permanent Select Committee on Intelligence, executive, brief- 1995, 10 a.m., 2128 Rayburn. ing on Signal Intelligence, 9 a.m., and executive, a brief- Committee on Commerce, Subcommittee on Commerce, ing on Ames Damage Assessment, 1 p.m., H–405 Cap- Trade, and Hazardous Materials, to continue markup of itol. H.R. 2500, Reform of Superfund Act of 1995, 11 a.m., 2123 Rayburn. Joint Meetings Committee on International Relations, Subcommittee on Joint Hearing: Senate Committee on Small Business, to International Economic Policy and Trade, hearing on hold joint hearings with the House Committee on Small Strengthening U.S. Export Competitiveness: Industry Business to examine small business concerns regarding Views, 10 a.m., 2172 Rayburn. railroad consolidation, 2 p.m., 1100 Longworth Building. D 1320 CONGRESSIONAL RECORD — DAILY DIGEST November 7, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, November 8 11 a.m., Wednesday, November 8

Senate Chamber House Chamber Program for Wednesday: Senate will resume consider- Program for Wednesday: Consideration of the con- ation of H.R. 1833, Partial-Birth Abortion Ban. ference report on S. 395, Alaska Power Administration Sale Act (rule waiving points of order); S. Con. Res. 31, honoring the life and legacy of Yitzhak Rabin (consideration in the House, 90 minutes of debate); and H.J. Res. 115, providing for continuing appropriations for 1996 (rule providing for consideration in the House, 1 hour of debate).

Extensions of Remarks, as inserted in this issue

HOUSE Frelinghuysen, Rodney P., N.J., E2120 Richardson, Bill, N. Mex., E2121 Hastings, Alcee L., Fla., E2117 Sanford, Marshall ‘‘Mark’’, S.C., E2115 Burton, Dan, Ind., E2115 Johnson, Eddie Bernice, Tex., E2116 Shuster, Bud, Pa., E2122 Clayton, Eva M., N.C., E2123 Kennedy, Joseph P., II, Mass., E2116 Solomon, Gerald B.H., N.Y., E2118 Cunningham, Randy ‘‘Duke’’, Calif., E2119 Latham, Tom, Iowa, E2122 Torres, Esteban Edward, Calif., E2115 Davis, Thomas M., Va., E2117, E2119 McCarthy, Karen, Mo., E2122 Forbes, Michael P., N.Y., E2117 Matsui, Robert T., Calif., E2120 Underwood, Robert A., Guam, E2119 Franks, Bob, N.J., E2117, E2118 Pallone, Frank, Jr., N.J., E2118, E2121 Visclosky, Peter J., Ind., E2116

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