August 19, 1994 CONGRESSIONAL RECORD-SENATE 23285 The Women's Pre-Qualification Pilot Loan has received a technical assistance grant ORDERS FOR MONDAY, AUGUST 22, Program is designed to streamline the appli- from the American Indian Consultants, Inc., 1994 cation process and provide a quick response U.S. Department of Commerce, to provide to a non-profit intermediary for loan re- marketing services for Santa Fe Coat Com- Mr. SARBANES. Mr. President, on quests of $250,000 or less to women owned pany. behalf of the majority leader, I ask (51% or more) and managed businesses. It fo- Santa Fe Coat Company is an American In- unanimous consent that on Monday, cuses on the character. credit, experience dian owned apparel design, manufacturing following the prayer, the Journal of and reliability of the applicants. "During the and wholesaling business, located at Isleta proceedings be deemed approved to first few weeks that the pilot program has Pueblo, a village that lies 23 miles south of date and the time for the two leaders been in place our office has had many inquir- Albuquerque. New Mexico. Santa Fe Coat ies," Dowell states. "We hope to approve ad- reserved for their use later in the day; Company specializes in American Indian cus- that immediately thereafter, the Sen- ditional loans through this program and our tom designed women's coats, and its concept existing 7(a) guaranteed loan programs in is to produce Indian designed clothing from ate resume consideration of S. 2351, the the near future." drawing room to the finished product. Health Security Act. Under this SBA program, a women works The PRESIDING OFFICER. Without The collection is comprised of natural fi- with a participating non-profit intermediary objection, it is so ordered. agency. These intermediaries assist the busi- bers, such as luxurious wool, cotton and high nesswoman complete a loan application after grades of leathers. Each garment is com- a complete analysis of the business owner's plimented with Indian silver buttons. This upscale contemporary fall collection has the business plan and loan proposal is made to RECESS UNTIL 10 A.M. MONDAY determine if client meets the SBA's loan cri- elements of the American Indian influence teria. The intermediary submits client's loan and accents. This means that colors, sym- Mr. SARBANES. Mr. President, if application to SBA. The loan application is bols, leather, fringe and Indian buttons are there is no further business to come be- reviewed by SBA and if eligibility criteria the focal points of the collection and Ferrara fore the Senate today,I now ask unani- and requirements are met, SBA issues the has the education and experience in apparel, mous consent that the Senate stand in client a "pre-qualification letter" stating design, manufacturing and wholesaling. that SBA is willing to guarantee this loan recess as previously ordered. Debuting as a "limited edition", the dinner There being no objection, the Senate, request. The client can then take her loan coats, shawl coats, car coats and three but- packet which includes the SBA pre-qualifica- ton vests are manufactured at Isleta Pueblo. at 7:33 p.m., recessed until Monday, Au- tion letter, business plan and loan proposal Each of these garments are reversible, giving gust 22, 1994, at 10 a.m. to a commercial bank of her choice for sub- the consumer two beautiful designs. Gar- mission to SBA. New Mexico non-profit ment tags are tied to a corn husk bow and intermediaries participating with SBA on are placed on the front of the coat and fea- the Women's Pre-Qualification Loan Pro- tures a storyline of the Native American In- NOMINATIONS gram include the 17 New Mexico Small Busi- dians of Isleta Pueblo. Santa Fe Coat Com- Executive nominations received by ness Development Centers, New Mexico Na- pany manufacturers in pueblo because the the Senate August 19, 1994: tive American Business Development Center, Pueblo has produced creative and high qual- Enhancement Certified Development Com- ity designs for generations such as pottery, FARM CREDIT ADMINISTRATION pany, Albuquerque Hispano Chamber of Com- jewelry and textiles. Santa Fe Coat Company MARSHA P. MARTIN. OF TEXAS. TO BE A MEMBER OF merce and the Women's Economic Self-Suffi- wishes to continue that tradition and herit- THE FARM CREDIT ADMINISTRATION BOARD. FARM ciency Team (WESSTCorp). CREDIT ADMINISTRATION, FOR THE TERM EXPIRING OC- age developed over the generations by pro- TOBER 13.2000. VICE BILLY ROSS BROWN.TERM EXPIR- Jeanette Ferrara, owner of Santa Fe Coat ducing a more contemporary, yet timeless ING. Company, submitted her loan application to line of coats. DEPARTMENT OF DEFENSE SBA through the New Mexico Native Amer- ican Business Development Center, one of Looking towards the immediate future, PAUL G. KAMINSKI. OF VIRGINIA, TO BE UNDER SEC- Santa Fe Coat Company intends to produce RETARY OF DEFENSE FOR ACQUISITION AND TECH- the non-profit intermediaries participating NOLOGY.VICE JOHN M.DEUTCH. in this SBA program as a loan packager. In other types of upscale clothing apparel. Ms. addition to the loan through First Security Ferrara may be reached by writing to Santa IN THE ARMY Bank Jeanette Ferrara received an Indian Fe Coat Company, P.O. Box 338, Isleta, New THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Mexico 87022. TO THE GRADE OF LIEUTENANT GENERAL WHILE AS- Business Development Grant from the Bu- SIGNED TO A POSITION OF IMPORTANCE AND RESPON- reau of Indian Affairs to start her business. Additional information on the SBA pro- SIBILITY UNDER TITLE 10. UNITED STATES CODE. SEC- The Bureau of Indian Affairs makes avail- grams and services can be obtained by con- TION 601(A): able to eligible tribal members the develop- tacting the New Mexico SBA Office at 625 To be lieutenantgeneral ment capital needed to finance projects on Silver Avenue, SW, Suite 320, Albuquerque. MAJ. GEN. THOMAS M. MONTGOMERY,000-00-0000. U.S. Indian reservations. In addition Ms. Ferrara New Mexcio 87102.. ARMY. 23286 CONGRESSIONAL RECORD-HOUSE August 19,1994 HOUSE OF REPRESENTATIVES-Friday, August 19, 1994

The House met at 10 a.m. minute and to revise and extend his re- For example, the last time I checked, The Chaplain, James David Ford, marks.) fraud was still considered a crime. And D.D., offered the following prayer: Mr. SKAGGS. Mr. Speaker, as Mem- yet the leadership is on the verge of With all about that needs to be done bers of this House talk about how to perpetuating not just a fraud, but at and all the tasks that cry for attention get the crime bill to pass, and consider least an $8 billion fraud on the tax- and all the petitions that rise from our taking the assault-weapons ban out of payers. hearts, above all this, O gracious God, it, I would like to talk about Dion, Ty, Actually, when you consider that we pause for this moment of gratitude and Aaron. those taxpayers pay our salaries, it and praise. You have created us, You Last fall, these three students from could almost be considered embezzle- have redeemed us and show us the way, Ranum High School in Westminster, ment. You have comforted us by Your spirit. CO, were driving home. Not doing any- How else can you describe a bill that This day we ask for nothing and give thing wrong. By all accounts, they are purports to put 100,000 new cops on the thanks for everything. Almighty God, fine, young men, all members of the street but barely funds 20,000? Or a bill for all Your gifts of life and love, we school band. that claims to crack down on violent offer this prayer of thanksgiving. That night, as they were driving criminals, but actually eliminates Amen. home, two other young people opened mandatory sentences for criminals who fire on their car. use guns? Here is the granddaddy of them all- THE JOURNAL Luckily, none of the three was killed. But Dion was hit five times, Ty twice, they call this a crime bill, but it would The SPEAKER. The Chair has exam- and Aaron once. hire two new social workers for every ined the Journal of the last day's pro- They were all shot, and shot so many policeman. Does anybody outside the ceedings and announces to the House times because the person shooting at tiny circle of the Democratic leader- his approval thereof. them was using an AK-47. ship actually think America's prolblems Pursuant to clause 1,rule I, the Jour- is that we need more social workers nal stands approved. That is an assault weapon designed by Communists for their armies. Its than cops? purpose is to kill lots of people, quick- This bill is a fraud, Mr. Speaker, PLEDGE OF ALLEGIANCE ly. It comes with a detachable 30-round plain and simple. And the American people are not fooled. The SPEAKER. Will the gentle- magazine-but if that is not enough, woman from Georgia [Ms. McKINNEY] you can always buy one with 150 please lead the House in the Pledge of rounds. It fires more than 100 bullets a GENERAL AVIATION REVITALIZA- Allegiance. minute. TION ACT IS THE FIRST STEP Ms. McKINNEY led the Pledge of Al- As a former Marine, I can tell you- (Mr. GLICKMAN asked and was given legiance as follows: that is a lot of firepower. What in the permission to address the House for 1 I pledge allegiance to the Flag ACT of the world is a weapon like this doing on minute and to revise and extend his re- United States of America and to the Repub- the streets of Westminster, CO, where marks.) lic for which it stands, one nation under God, it can be used against Dion, Ty, and Mr. GLICKMAN. Mr. Speaker, in this indivisible, with liberty and justice for all. Aaron? time period of a lot of partisanship and It is not there because a hunter needs bickering, I wanted to give my col- MESSAGE FROM THE PRESIDENT it. leagues some good news: On Wednesday It is there because the gangs, the the President signed the General Avia- A message in writing from the Presi- criminals, and the psychos, like it. dent of the United States was commu- tion Revitalization Act, an act that They are using them to turn our will create up to 25,000 jobs, American nicated to the House by Mr. Edwin streets into combat zones. They are Thomas, one of his secretaries. jobs, good-paying jobs, in this country, using them to outgun the police. One by providing a reasonable period of disturbed man used an AK-47 to kill 5 time after which you cannot sue a MESSAGE FROM THE SENATE small children and wound 30 others in a manufacturer of a small airplane for a A message from the Senate by Mr. schoolyard in Stockton, CA. And in product defect. Hallen, one of its clerks, announced September 1993, one was used on Dion, This is the first major piece of prod- that the Senate had passed bills of the Ty, and Aaron. uct liability legislation to have passed following titles, in which the concur- Let us get the AK-47's off the streets the Congress and be signed into law. rence of the House is requested: of Westminster-and off the streets of More important, this will revitalize the S. 2406. An act to amend title 17, United all American towns and cities. Let us small end of the aviation market, the States Code. relating to the definition of a keep the assault weapons ban in the single-engine market and the light local service area of a primary transmitter. crime bill. twins, planes that we have built vir- and for other purposes; tually none on in the past 10 years. S. 2407. An act to make improvements in As I said, this was a deal put together the operation and administration of the Fed- FRAUD IS A CRIME in a bipartisan fashion where we got eral courts, and for other purposes; and (Mr. EVERETT asked and was given S. 2060. An act to amend the Small Busi- management and labor together, we ness Act and the Small Business Investment permission to address the House for 1 pushed it for years and years, we got it Act of 1958, and for other purposes. minute and to revise and extend his re- signed this year. marks.) This bill will produce jobs without Mr. EVERETT. Mr. Speaker, in costing the Federal Government one KEEP THE ASSAULT WEAPONS crafting the crime bill one wonders if dime, without starting a trade war. It BAN IN THE CRIME BILL the Democratic leadership forgot some is great news for America, great news (Mr. SKAGGS asked and was given essential elements of the U.S. Criminal for my State of Kansas, and great news permission to address the House for 1 Code. for aviation.

O This symbol represents the time of day during the House proceedings, e.g., O 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. August 19,1994 CONGRESSIONAL RECORD-HOUSE 23287 CRIME BILL CONTAINS TOO MUCH HEALTH CARE: DO WE WANT TO LIBERATE CUBA SOCIAL SPENDING TURN IT OVER TO WASHINGTON (Mr. DIAZ-BALART asked and was BUREAUCRATS? (Mr.EWING asked and was given per- given permission to address the House mission to address the House for 1 (Mr. GOODLATTE asked and was for 1 minute and to revise and extend minute and to revise and extend his re- given permission to address the House his remarks.) marks.) for 1 minute and to revise and extend Mr. DIAZ-BALART. Mr. Speaker, the his remarks.) administration said it would not per- Mr. EWING. Mr. Speaker, I have spo- Mr. GOODLATTE. Mr. Speaker, as mit Castro to dictate U.S. immigration ken to a number of law enforcement of- the House prepares to debate the Clin- policy, but it has done more than that: ficials in my district about the crime ton-Gephardt big Government health it has been panicked by Castro into bill conference report, and they tell me care bill, American families and Mem- violating the laws of the United States. it contains too much unproductive so- bers of Congress need to ask them- Now that the path has been em- cial spending. They believe a bill that selves a question: "Do we really want barked upon of deciding what laws the funds programs to take criminals off to turn over all of our health care to administration will enforce and what the street and lock them up, like the Washington, DC, bureaucrats?" laws it will break, there is one law that Byrne grant program, is what is need- And do you want to trust a health would be unconscionable to continue to ed. care system designed behind closed expect enforcement of with regard to Yesterday the House passed a 26-per- doors by President Clinton, Hillary Castro's dictatorship: the same law cent increase in Byrne grants, which Clinton, the Democrat leadership, and that was not enforced with regard to puts money directly in the hands of left wing, liberal special interests. Nicaragua or Afghanistan or Angola, local police forces to fight violent After all, if someone with the past the so-called neutrality law. criminals, gangs, and drug traffickers. track record like theirs walked into In Castro's threats against the Unit- This will do a lot more to reduce crime your hospital room and said, "Hello, ed States, since the Cuban people ri- than the nearly $10 billion in social Mr. Jones, we are your doctors. We oted against him on August 5, we have spending in the crime bill. have got experimental new treatments; seen another extraordinary example of we do not know if they will work; and In the past 30 years the Government why the continuation of the Castro dic- by the way, we have messed up about tatorship runs contrary to the fun- has spent trillions of dollars on the every other treatment we have ever de- type of social welfare programs which damental national security of the Unit- signed. But what the hay, let us get ed States. are now in the crime bill. At the same started." time, violent crime has escalated. We Cuban-Americanicans do not want an- Mr. Jones would manage to leap from other Mariel. Cuban-Americans wannt a ought to learn from our mistakes and his hospital bed and make an all-out put our money into programs we know reverse Mariel to go and ignite the run for the exit to get away from these spark of liberation in Cuba. will work, like the Byrne grants. medical quacks. That is what we need to be threaten- Mr. Speaker, let us write a crime bill Well, that is exactly what the Amer- ing Castro with, and not vice versa. that attacks criminals. If we want to ican people are doing as they meet A reverse Mariel so that Cuban- pass a social welfare bill, let us not call Doctors Clinton, GEPHARDT, and MITCH- Americans can fight and die with our it a crime bill. ELL. They are heading for the hills as brothers and sisters on the island. well they should. Cuban-Americans do not want Amer- ican GI's to die for the freedom of O 1010 Cuba. Cuban-Americans demand the AMERICA UNDIVIDED: TAXPAYER right to fight for the freedom of Cuba IS INNOCENT UNTIL PROVEN THE DETERIORATING SITUATION and against the worst enemy of the GUILTY IN BURUNDI United States of the last 35 years. (Mr.HASTINGS asked and was given Mr. President, you cannot treat the (Mr. TRAFICANT asked and was permission to address the House for 1 Cubans lik th Haitiansaitiethe due to Cas- given permission to address the House minute and to revise and extend his re- tro's blackmail, as you have now done, for 1 minute and to revise and extend marks.) and yet, unlike Haiti, not take action his remarks.) Mr. HASTINGS. Mr. Speaker, I am to liberate Cuba. Mr. TRAFICANT. Mr. Speaker, the extremely concerned about the growing As Haiti's ports are blockaded and American people are divided over the political problem in Burundi. The situ- overt and covert aid is being provided crime bill; the American people are di- ation in Burundi is desperate. The peo- pro-democracy forces in Haiti, so too vided over the health care bill; the ple of Burundi need our moral support must it be in Cuba. American people are divided yet over and must be told that the United Today, you must announce specifics term limits; the American people are States Congress strongly supports the to liberate Cuba, and not steps, com- divided over NAFTA; the American restoration of democracy, law and pletely unrelated to the source of this people are divided over GATT. order. problem, which is Castro, like the At- Mr. Speaker, in April 1994, the Presi- torney General announced last night. Mr. Speaker, there is one bill that dent of Burundi was killed along with the American people are absolutely the President of Rwanda when their united over. A recent poll says that 97 plane was shot down by extremist ele- AVERT A TRAGEDY BOTH IN CUBA percent of the American people agree ments in Rwanda. Over the past AND IN FLORIDA that Congress should change the tax months, conditions in Burundi have de- (Mr. SERRANO asked and was given law and pass H.R. 3261, which says a teriorated significantly. Unless the permission to address the House for 1 taxpayer is innocent until proven international community acts quickly minute and to revise and extend his re- guilty; 97 percent say they want Con- in Burundi, the world will be faced marks.) gress to change the law because now a with another Rwanda-like situation. Mr. SERRANO. Mr. Speaker, for taxpayer is guilty and has to proven A permanent solution to the political years we have tried to strangle the themselves innocent, and they have stalemate in Burundi should take into Cuban people through an embargo. had it. account the role and makeup of the Bu- Miami Spanish radio stations and Gov- Sign Discharge Petition No. 12; 97 rundi Army. The people of Burundi and ernment-funded Radio Marti have en- percent of the American people say if it the international community should couraged Cubans to rebel against their is good enough for the "Son of Sam," it support responsible political groups government and to come to Florida. should be a good enough law for mom from both camps and isolate the de- When a plane or boat is stolen in Cuba, and dad. Discharge Petition No. 12. structive elements. we treat the hijackers as heroes, and 23288 CONGRESSIONAL RECORD-HOUSE August 19,1994 now, when the Cubans are hungry and cops in their neighborhoods. Women in worked while we continue building have accepted our invitation, we do not abusive situations will not get this them in there to try to catch up on the want them to come any longer. chance to break out of it. Kids will not shortfall. But for the first time we This is a failed policy we are dealing get this chance for help to reject gangs tried an ounce of prevention, and peo- with in China, or Vietnam, with Korea and drugs. ple went nuts with all sorts of and with every other country we have Mr. Speaker, this weekend we get our disinformation around here. had a problem with in the past. It is second chance. Let us not blow it. Vote This information was that it was all time to join my bill, cosponsor the bill, for more cops in our communities, for going to be social workers; wrong, to end the Cuban embargo, begin nego- safety, for women and for hope for our there is no social worker money in tiations with the Castro Government kids. Pass the crime bill. here; that there was no funding for po- and stop a tragedy both in Cuba and in lice; wrong, $7 out of every $10 in this Florida. crime bill went for either law enforce- IT IS TIME TO GO HOME AND ment officers, prisons or detention fa- LISTEN TO THE PEOPLE cilities, $7 out of $10. The last $3 were FREEDOM FOR CUBA (Mr. HEFLEY asked and was given prevention. (Mr. GINGRICH asked and was given permission to address the House for 1 Let us build generations and not just permission to address the House for 1 minute.) jails alone. minute and to revise and extend his re- Mr. HEFLEY. Mr. Speaker, as I was driving to work this morning and lis- marks.) O 1020 Mr. GINGRICH. Mr. Speaker, the tening to Paul Harvey on the radio, he total absence of any moral compass in was talking about a poll that has just MORE EMPHASIS ON PUNISHMENT the Clinton administration policy to- come out that shows that one in five NEEDED TO FIGHT THE CRIME ward the Caribbean was made evident people, 22 percent of the American pub- PROBLEM this morning for anyone who looked at lic, feel that they have any confidence (Mr. COLLINS of Georgia asked and the new decision about Cuban refugees whatsoever in the U.S. Congress. Only was given permission to address the who, since 1966, have always been ac- one in five, and, if we can believe the House for 1 minute.) cepted in the United States under a law phone calls that are pouring into our Mr. COLLINS of Georgia. Mr. Speak- passed by the Congress. We have been offices, we are not doing our image any er, big city mayors and big city police told dictatorships are bad; Castro has good by staying here during this pe- chiefs are prostituting for the money been a dictator since 1959. We are told riod. We tried the crime bill, and it did in the crime bill under the disguise of oppressing the innocent is terrible; not work. It can be revisited again more police on the streets. Mr. Speak- they are now shooting people in the later on, after we have had a time to er, prostitution is against the law. streets in Havana.. We have been told listen to the people that we represent. Law enforcement officers and pros- we have to be against dictatorships in We have just introduced the new health ecutors in the Third District of Georgia the Caribbean. In fact, the administra- care bill. Most people do not under- are telling me, "We do not need more tion is practicing to invade one coun- stand what it is. The American people police officers." They say, "We are ar- try, a country 600 miles away-Cuba is need to understand what is in those resting the same people over and over 90 miles away-a country with a much bills. It is going to affect every Ameri- again." more recent dictatorship, with a much can's life for generations to come. The problem is in the logjam of pros- weaker process of repression, but Cuba, Mr. Speaker, it is time to stop the ecution and in the lack of resources to somehow, we are now told by our arm twisting, it is time to stop the in- carry out punishment. Help us enforce friends, we should treat as though it timidation, it is time to stop the the laws we have today. was China, we should open up our threats, and the promises, and the pork Mr. Speaker, it is against the law to doors, we should have good relations. I projects in order to get votes to cram rape. It is against the law to molest a think that is exactly wrong. I urge the these pieces of legislation through in a child. It is against the law to murder. President: brief period of time before we recess for Mr. Speaker, what is the best mes- Now is the time to tell Castro we want to August. It is time to start listening. sage to send our neighbors? You will negotiate for free elections, with inter- The best way to do that is to go home have a child molester living next door? national observers, and, if you refuse to ne- to the real world and get out of the You will have a rapist living next door gotiate for free elections, we will take such vacuum of Washington, DC, and, when that you have to fear for the rest of steps as are necessary so that your regime is we come back in September, Mr. your life? no longer there. Speaker, I guarantee our work product Or should we send the message to vic- Across the planet communism is col- will be better after we have listened to tims and victims families: That each lapsing. Cuba has no nuclear weapons, the people we represent. and every murderer, child molester, or they are not a great power, they are rapist is in the penitentiary for the not a threat, and the fact is that the rest of his life? Castro regime is vulnerable, and the BUILD GENERATIONS, NOT JUST time has come to have an aggressive MORE JAILS policy of favoring freedom and favoring (Mrs. SCHROEDER asked and was A CRISIS IN BURUNDI those Cubans who want to be free. given permission to address the House (Mr.JOHNSTON of Florida asked and for 1 minute and to revise and extend was given permission to address the her remarks.) House for 1 minute.) PASS THE CRIME BILL Mrs. SCHROEDER. Mr. Speaker, ev- Mr. JOHNSTON of Florida. Mr. (Mr. OLVER asked and was given erybody has a preference for which way Speaker, I am deeply concerned about permission to address the House for 1 we should go, and I must say, as I hope the deteriorating conditions in Bu- minute and to revise and extend his re- we take up this historic crime bill, the rundi. With the international commu- marks.) reason it is historic is the House tried nity focused on the Rwandan tragedy, Mr. OLVER. Mr. Speaker, life does to come down for the first time on the the situation in Burundi is worsening not offer many second chances, but side of attempting to build generations by the day with no resolution in sight. this weekend we are going to get a sec- and not just more jails. A crisis in Burundi, unless contained ond chance. We get a second chance to Mr. Speaker, there has never been a immediately, could surpass the Rwan- help our communities fight crime, pre- society in civilization revered for the dan humanitarian tragedy. Burundi is vent crime, by finally passing a crime number of jails it built. We have now a classic example where preventive bill. Without the crime bill families built more than any society in the his- measures can help deter another hu- would not get this chance to have more tory of the Earth, and it has not manitarian tragedy from occurring. August 19, 1994 CONGRESSIONAL RECORD-HOUSE 23289 Mr. Speaker, I strongly urge the The crime bill is not a perfect bill. I YOUNG PEOPLE, VIOLENCE, AND Clinton administration to intensify its would not have written it as it is writ- PREVENTION diplomatic actions and send a senior ten, I must say, but it is a good bill. To (Mrs. CLAYTON asked and was given official to highlight our concern. The suggest that it does not have the kind permission United States should also call for an to address the House for 1 of provisions we need to deal with minute and to revise and extend her re- urgent Security Council meeting on crime problems basically has missed marks.) Burundi to consider preventive meas- the boat. Mrs. CLAYTON. Mr. Speaker, again ures by the international community. I I spent some 30 years in law enforce- this morning I want to speak about call also on the OAU to intensify its ment in one way or the other, either as prevention, youth, and violence. I want actions by deploying the proposed OAU a legislator or as a prosecutor, and to speak about prevention in the sense monitors. there are provisions in this bill written Finally, Mr. Speaker, I would like of the increase in crime. by Republicans that will in fact make Crime, violent crime has been in- once again to call on the international a difference. community to bring to trial those peo- creasing by grade 4 steps, and it has In the first place, those who suggest been increasing among young people- ple responsible for the deaths of hun- that the child abuse provisions are not dreds of thousands of innocent civil- young people who are the victims of tough and do not notify the public have crime, young people who are the per- ians. We can not allow the murderers not read the bill. Many of our col- of Rwanda and Burundi to go petrators of crime, young people kill- leagues, the gentleman from Wisconsin ing young people, young people killing unpunished, if we are to avoid future [Mr. SENSENBRENNER], the gentleman genocides. senior citizens and women, and young from Pennsylvania [Mr. GEKAS], and people maiming people. So crime in- the gentleman from Florida [Mr. deed has increased, and who indeed is PREMISE OF CRIME BILL IS MCCOLLUM], wrote provisions dealing in there? Young people are involved. WRONG with so-called sexual predators. Those Yet, Mr. Speaker, there are those (Mr. BALLENGER asked and was provisions did not call for community who escape the logic that with young notification or call for given permission to address the House registry. This people involved in crime, we should be for 1 minute and to revise and extend bill does have a registry. It does re- spending our money where the crime is his remarks.) quire contacting those individuals. It increasing. Yet that escapes the ration- Mr. BALLENGER. Mr. Speaker, the does in fact give the police, the chief of ality of many in this Chamber. There White House and the Democratic lead- police, and law enforcement agencies are Members on both sides of the aisle ership are desperately trying to find the opportunity to take whatever steps in this Chamber who would have the little nicks and cuts that they can take are necessary to protect the public. American people think that it is just out of their crime bill to win enough Mr. Speaker, those who suggest oth- poke, that it is frivolous not to invest votes for a razor-thin passage. erwise have not read the bill. in the young people of this Nation. Out of a $33 billion bill that spends They would rather have the house burn more on social programs than it does down and then put the fire out. They on prisons, they want to shave off a would rather have people killed and whopping $1 or $2 billion. Most likely, CUBAN CRISIS DRAWS ATTENTION then put people in jail. they will all run home afterward and AWAY FROM HAITI Mr. Speaker, we must maintain pre- brag to their constituents how they cut (Mr. LIVINGSTON asked and was vention in this crime bill because this Federal spending. given permission to address the House is the only thing that makes sense. Setting aside the fact that no bill for 1 minute and to revise and extend Shame on us if we fail to understand that spends more than $30 billion ought his remarks.) that. Shame on us if we fail to have the to make it into law if this the only way Mr. LIVINGSTON. Mr. Speaker, vision of our youth. Prevention is part it can be passed, the fact of the matter these are tough times for the White of the strategy to fight crime. is that the whole premise of the crime House-Nussbaum, Hubbell, Watson, bill is simply wrong. Altman, and Hanson. These people Thirty years of failed social experi- A CLERICAL INFLUENCE ON THE were going to help President Clinton CRIME BILL mentation ought to have taught us by provide a departure from the phony now that it is simply wrong to focus on decade of greed and a changing of (Mr. LEVY asked and was given per- babying criminals with self-esteem America. It is too bad they will not be mission to address the House for 1 programs than on putting them in jail around for the final chapter. minute and to revise and extend his re- when they break the law. Forget ideol- Now we see the centerpiece of the marks.) ogy. It just does not work. Clinton foreign policy, the great inva- Mr. LEVY. Mr. Speaker, I rise to In the 1960's we started blaming soci- sion of Haiti, being challenged in the draw the attention of my colleagues to ety instead of individuals and began headlines by Cuba. some comments that President Clinton putting handcuffs on our cops instead A brutal dictatorship, denial of made over the weekend from the altar of on our criminals. human rights, in our own backyard, an of a church in Maryland. He said, "Our Does anybody think that crime has interest in preserving democracy in the ministry is to do the work of God here gone down since then? Western Hemisphere, and an overflow on Earth." of refugees to Florida-these are the O 1030 TOUGH PROVISIONS IN THE CRIME reasons for the White House going to Later on in his remarks he went on BILL the United Nations to put down the to suggest that God himself had some (Mr. HUGHES asked and was given Haitians. What next? Viva Cuba libre? favorable opinions about the crime bill. permission to address the House for 1 Then yesterday I opened the news- minute.) paper to find out that one of my Demo- Mr. HUGHES. Mr. Speaker, I am cratic colleagues from New York, who really saddened to hear Members refer PLAY BALL said earlier that his conscience re- to chiefs of police and mayors and oth- (Mr.WILLIAMS asked and was given quired him to vote against the rule on ers who are seeking resources for pre- permission to address the House for 1 the crime bill, would vote for the rule vention as prostitutes. That does not minute and to revise and extend his re- were he to have the opportunity to do reflect the views, I might say, of the marks.) so, because the clergy of his district majority of the Members of Congress, Mr. WILLIAMS. Mr. Speaker, big- wanted it. He said, "After consulting and I am really embarrassed to hear league ball players, major league club with spiritual advisors, I will be sup- that. owners, play ball. porting the rule." 23290 CONGRESSIONAL RECORD-HOUSE August 19,1994 Mr. Speaker, I would merely ask you, STOP THE NRA AND PASS THE I do not think Secretary Perry was next time someone tells you that the CRIME BILL wrong for meeting with General Xu, religious right has taken over the Re- (Mrs. LOWEY asked and was given but it is almost sick to think that he publican Party, to take a look at the permission to address the House for 1 would give General Xu a red carpet events of this week. minute and to revise and extend her re- treatment. It could have been a proto- marks.) col mistake, but if it was intentional, Mrs. LOWEY. Mr. Speaker, the spe- then Secretary Perry owes a big apol- cial interest National Rifle Association ogy to the families of all the Chinese- KENNETH STARR CONTROVERSY is running ads like this one against the Americans who were killed in (Ms. NORTON asked and was given crime bill. The ad says, "What they're Tiananmen Square, an apology to the permission to address the House for 1 not telling you about the crime bill families of soldiers killed in Iraq, and minute and to revise and extend her re- should be a crime." apologies to the Chinese families who marks.) Well, Mr. Speaker, what the NRA is will hear on Voice of America today Ms. NORTON. Mr. Speaker, why is a not telling us about the crime bill is a that Secretary Perry gave red carpet man who has been a highly regarded. crime. The ad repeats a number of treatment to General Xu, who is the Federal judge allowing a controversy worn out lies but fails to mention the Butcher of Beijing. He owes an apology about appearances to escalate? Judge NRA's chief complaint with the crime to this Congress, too. Kenneth Starr knows better. bill. It is hard to believe that if Starr had The fact is the NRA opposes the MEXICAN ELECTIONS been the judge charged with choosing crime bill for one reason and one rea- the Whitewater prosecutor, that Starr son only: the assault weapons ban. (Mr. TORRES asked and was given would have chosen Starr. Recent asso- The ban, which would take the weap- permission to address the House for 1 minute and to revise and extend his re- ciation with an active lawsuit against ons of war off our streets, is supported by over 80 percent of the American peo- marks.) the President, recent consideration of Mr. TORRES. Mr. Speaker, this Sun- running for the Senate, recent involve- ple. Maybe that's why the NRA doesn't ment in active political campaigns, mention its opposition to the ban in its day, Mexico will be holding elections what does it take Judge Starr to make ad. for both presidential and legislative of- a case for disqualification based on ap- Let us be clear: the NRA's tough talk fices. This is an incredibly important pearances? is a smokescreen designed to hide the election for the development of a Whatever it takes, surely the coup de truth: the NRA is soft on crime. The multiparty democracy in Mexico. NRA is the criminal's best friend. The Unfortunately, in recent years, there grace was the association of Judge have been numerous allegations of David Sentelle with partisan enemies NRA doesn't care about crin;:e, or electoral fraud against the ruling of the President just before he made about victims, or about the safety of the Starr appointment. our families and our communities. party. There is increasing popular de- The defenders of Judge Starr have The NRA does not care about passing mand for elections to be clean and fair. missed the point. His fine reputation is a tough crime bill. The NRA cares only It is my hope that this Sunday's elec- not at issue. What is missing is the about stopping the assault weapons tions will indeed be legitimate. Mexi- can citizens deserve the opportunity to threshold qualification for this ap- ban. pointment: Not impartiality, but the Mr. Speaker, it is time to stop the participate in a fraud-free election, appearance of impartiality. Judge Ken- NRA. Let us pass this tough crime bill. where their vote will be respected. Let us pass the assault weapons ban. While it should not be the role of the neth Starr would have known what to to meddle in the sov- do. So does Kenneth Starr, Esquire. U.S. Government ereign affairs of our esteemed neigh- SECRETARY PERRY SHOULD bor, we are, of course, extremely inter- APOLOGIZE TO AMERICANS ested in the outcome. Without inter- (Mr.WOLF asked and was given per- national observers monitoring the elec- CRIME BILL COSTS BUT DOES NOT mission to address the House for 1 SOLVE CRIME tions, the world must rely on citizen minute and to revise and extend his re- observers to verify the validity of both (Mr. SMITH of Michigan asked and marks.) the pre-election process and Sunday's was given permission to address the Mr. WOLF. Mr. Speaker, on Wednes- vote. It would be tragic for the election House for 1 minute and to revise and day, Secretary Perry met with General to be marred by irregularities. I know extend his remarks.) Xu, the deputy chief of staff of the Chi- we are all hoping, rather, to see signifi- Mr. SMITH of Michigan. Mr. Speak- nese People's Liberation Army at the cant evidence that the elections are er, trying to pass a crime bill that Pentagon. When General Xu arrived at clean, as a sign that the reform efforts most of the Members of this body have the Pentagon, he got the red carpet are working. indicated they do not want reminds me treatment. He even got a welcoming Mexico is at a critical juncture. The of 1 year ago when arms were twisted band. American people, the U.S. Congress, to pass the huge tax increase that most Now, I know Secretary Perry is a and the administration will be paying of the Members of this Congress did not good man, but it is incomprehensible close attention to both the process and want. why they would do this for the Butcher the outcome of Sunday's election. I I think we should remind ourselves, of Beijing. General Xu is second-in- wish the Mexican people "buena as we look at this crime bill, that we command for the People's Liberation suerte"-good luck-in this exercise of are spending money that we do not Army. He.was deputy chief of staff in democracy and bold step for the future have. Some say the money in this 1989 when the army gunned down thou- of Mexico. crime bill is anticipated savings from sands of students. He commands an having fewer Federal employees. How- army that sold weapons to Iraq prior to ever, there is no tie bar to the money the gulf war that were used to kill VOTE "NO" ON A WEAK CRIME that might be saved and the money American men and women. He com- BILL SO WE CAN HAVE A that goes in this crime bill's trust mands an army that sells weapons to STRONG CRIME BILL fund. This $32 billion will be borrowed the dictatorship in Khartoum that (Mr. BARTLETT of Maryland asked money. It is a crime to pass a crime kills black Christians. He commands and was given permission to address bill that does little to solve crime. But, an army that supports a brutal Com- the House for 1 minute and to revise Mr. Speaker, it is an even greater munist dictatorship that tortures and and extend his remarks.) crime to make our grandchildren pay beats Catholic bishops and priests and Mr. BARTLETT of Maryland. Mr. for it. protestant missionaries. Speaker, when one says of a bill, as August 19, 1994 CONGRESSIONAL RECORD-HOUSE 23291 they have of the crime bill, that this is intend to change the name of the crime Mr. MICA. Mr. Speaker, if you have not a perfect bill, in the unwritten dic- bill to the "social workers bill" and not followed the reports of scandal in tionary of the Congress what this real- "the midnight basketball bill." the District of Columbia Public Hous- ly means is it is quite a bad bill. You Of course, this is wrong. We must ing Authority, you should. It will make better vote for it anyhow out of politi- balance spending on more cops and your stomach turn. cal expediency. more prisons, with prevention-pro- Here is a great example of why gov- I believe that a majority of Ameri- grams that educate people, train people ernment programs fail: cans are supporting a growing number for jobs, and give kids something to Gross mismanagement-bank- of people in the Congress who so want say "yes" to. ruptcy-S117 million for renovations a good crime bill that they are going to But we have to change our tactics, unusued while people are forced to live vote "no" on a weak crime bill. Please too. For me, they are no longer the like animals. interpret a "no" vote on a weak crime NRA. They are the CKA. The Cop Kill- Rat, filth-infested projects where bill as a "yes" vote for a strong crime ers Association, because the assault children are forced to live and play. bill. weapons they want to protect are kill- Human beings tossed out of these hov- If history is an indicator, we will not ing police officers throughout this Na- els to die in our streets. And then we consider crime again for several years. tion. They are no longer the NRA. wonder what causes crime. It is essentially axiomatic we are going They are the LGK. The Little Girl Kill- Every Member of Congress should be to have a crime bill in this Congress. ers. forced to live in public housing. Then Please vote "no" on a weak crime bill Because they want to keep weapons come back and vote for more govern- so that we are going to have an oppor- like the TEC-9 on our streets-the ment programs, more social and wel- tunity to vote "yes" on a good crime weapon that killed Michelle Cutner in fare spending. bill. my district a month ago. When will this Congress wake up and We cannot let them get away with provide positive alternatives, encour- using clever tactics to deprive America age private sector job creation, support CUBAN ADJUSTMENT ACT NEEDS of a tough crime bill. Let us pass this private home ownership, and promote SECOND LOOK crime bill-with an assault weapons personal savings and self reliance? (Mr. MAZZOLI asked and was given ban, and prevention programs-now. This is a great example that big gov- permission to address the House for 1 ernment social programs do not work. minute and to revise and extend his re- marks.) FIDEL CASTRO Mr. MAZZOLI. Mr. Speaker, yester- (Mr. GOSS asked and was given per- THE CRIME BILL day at this time, from this well, I indi- mission to address the House for 1 (Mr. KLEIN asked and was given per- cated that the United States was fac- minute and to revise and extend his re- mission to address the House for 1 ing an immigration emergency, and I marks.) minute.) reached that conclusion from reading Mr. GOSS. Mr. Speaker, I would Mr. KLEIN. Mr. Speaker, it is time the papers as well as from having a think folks at Justice and Defense for the crime bill to be resurrected and briefing by administration officials. would be getting a little weary of brought to the floor of the House for a I also said yesterday, Mr. Speaker, cleaning up the mess caused by the vote. that we were not able to really handle Clinton administration's alleged for- Violent crime is the scourge of this this emergency because of two situa- eign policy. Now we have Cuba at the Nation. More than anything else, tions: One is the 1966 Cuban Adjust- front page again. Americans want us to take decisive ac- ment Act, which says that any people Fidel Castro has a foreign policy. It tion to fight crime. We must stop look- coming from Cuba who are landed in is called Mariel II, and it is working. ing at criminals as victims and recog- the United States are automatically on Who do we see coming to the rescue? nize that we, the law-abiding citizens, the way to citizenship. No questions Attorney General Janet Reno. are the victims. We stand on the asked, basically, unlike our stance to- Well, hello, State Department. Is threshold of passing the strongest, ward any other country in the world. anybody home? Some of us up here toughest crime bill in our history. I also said that under the 1966 Act keep telling them the problem is Fidel But special interests continue to hold there is nothing that requires the Unit- Castro. It is time for him to go. It is this crime bill hostage in a desperate ed States, having rescued Cubans from past time for him to go. It is time for attempt to kill a ban on military style the sea, to necessarily land them in the the sanctions that we have put on to assault weapons that are the weapons United States. work. of choice of drug dealers and criminals. I understand that this afternoon the It is time to curb our allies who are We must not bow to special interests. President will announce that Cubans flaunting the embargo, Spain, Jamaica, We cannot let children die on the being rescued will no longer be taken Mexico, and others trading openly with streets to appease the NRA. to the United States, but perhaps at Cuba today. We have an opportunity to put 100,000 Guantanamo Bay or some other place. Attorney General Reno says, we will more cops on the streets, to build more That is OK. That takes care of one detain all incoming Cubans. Where? prisons for dangerous criminals to curb problem. The other problem, the 1966 Where will we detain all those incom- the flow of drugs into the country and, Act still is on the books. ing Cubans? Florida? Fort Chaffe, AR, yes, to ban these assault weapons. Let So I hope, Mr. Speaker, that part of Guantanamo? Come to think of it, us stop the rhetoric on crime. Let us do our re-look at this situation will take Guantanamo may make some sense. It something about it. a second look at that act. It does ham- is already in Cuba. Possibly we could per our ability to respond to these im- make room there, if we ask the 15,000 MORE ON THE CRIME BILL migration emergencies. Haitian refugees already there in tent city if they mind moving to Mariel, (Mr. HOKE asked and was given per- Cuba. mission to address the House for 1 WHAT NRA REALLY STANDS FOR minute and to revise and extend his re- (Mr. FOGLIETTA asked and was marks.) given permission to address the House SOCIAL PROGRAMS DO NOT SOLVE Mr. HOKE. Mr. Speaker, words are for 1 minute and to revise and extend CRIME important. Words are important. When his remarks.) (Mr. MICA asked and was given per- we call this a crime bill, it is irrespon- Mr. FOGLIETTA. Mr. Speaker, the mission to address the House for 1 sible to confuse the American public National Rifle Association revealed minute and to revise and extend his re- about what is really going on. Because part of their strategy on Sunday. They marks.) words mean something. 23292 CONGRESSIONAL RECORD-HOUSE August 19, 1994 In fact, yes, there is some crime, Mr. KINGSTON. Mr. Speaker, there dates won't create a health care para- there are aspects of this that have di- are really two questions that surround dise for the rest of the country be- rectly to do with crime, prisons, police. the whole health care debate. That is, cause: There are also a whole host of social who is going to run it and who is going Hawaii's employer mandate has yet programs, most of which have nothing to pay for it. to achieve universal coverage or con- to do with the prevention, although Under the Clinton-Gephardt bill, the trol costs. they are billed that way. There is an Government runs it. A large tangled Hawaii led the Nation last year in excellent Violence Against Women Act web of agencies, commissions, bureau- small-business bankruptcies. And com- and there is a gun ban in that. crats, boards appointed, unappointed panies are exiting the State in record All of those, regardless of the killing people, unelected. We will be running numbers. children and killing police, know on your health care. The employer mandate has created the other side of the aisle or those that They will be telling us when we can an administrative nightmare. It takes are opposed, or that are in favor of this pull the plug on our grandparents and the island three times longer to admin- gun ban in 1992, fewer than 900 people our loved ones and when we can spend ister health plans than it does on the were killed with all weapons, all rifles, money for this operation and when we mainland. all rifles, not just assault weapons, and cannot. That is the reality of the Clin- This sounds more lie paradise lost to nearly twice that number were killed ton plan. me. with fists and feet. The other part of it, which I do not Mr. Speaker, the statistics I cited The point is that what we really need want, too, which I think we are not were provided by: National Federation to do is split up this crime bill so that even focusing on one bit, is how it is of Independent Business, testimony be- the American people have an oppor- going to be paid for. We do not know fore House Committee on Agriculture tunity to see how their representatives how much the Clinton-Gephardt bill is March 17, 1994; National Federation of vote on the various aspects of it. That going to cost. The estimate is about Independent Business, statement by is not legislative blackmail, which is $100 billion. We know the cigarette tax Jack Faris, president, NFIB, August 3, what we are getting right now, trying is going to be $12 to $16 billion in new 1994; and the Coalition for Jobs and to pull along the bad with the good. tax revenues a year, if that passes. We Health Care, August 11, 1994. know there will be massive Medicare TRUTH IN ADVERTISING cuts. We do not know how much. RECOMMENDING A LEAN, We already know physicians are hav- EFFICIENT CRIME BILL (Mr.FAZIO asked and was given per- ing trouble servicing Medicare patients mission to address the House for 1 (Mr. EHLERS asked and was given right now because of the low reim- permission to address the House for 1 minute and to revise and extend his re- bursement. Then there is going to be marks.) minute and to revise and extend his re- an insurance premium tax, which if we marks.) Mr. FAZIO. Mr. Speaker, whatever are paying the insurance premium tax, happened to truth in advertising? Mr. EHLERS. Mr. Speaker, I rise, as then are we going to be paying these many others have done, to discuss the The NRA and a few allies have re- taxes? hired their spokesman Charleton crime bill. However, I am going to take Heston to mislead the American public O 1050 a different approach, because I deplore in a series of television ads that are The President said no new broad- the political rhetoric that we have filled with untruths. based taxes. This is a major issue, and heard day after day after day. Mr. Heston is no Moses. And, he defi- we need to address it. We need to talk In my opinion, Mr. Speaker, the issue nitely is not obeying one of the Ten about the costs of health care, because is not the NRA. They have not even Commandments. it sounds great, but if we do not have talked to me. The issue is not the pork, Mr. Heston and the NRA are not the money, with a $4.4 trillion debt, we which in some cases is mislabeled. The fighting for America's best interest. do not need to be getting into further point is simply that, as many of us who They are worried about the crime bill debt. oppose the crime bill, and I happen to for one reason-because it will take as- be one who voted against it the first sault weapons that are being used to time it came through the House, I sim- kill innocent people off our streets. HAWAII-MANDATES IN ply want a crime bill that is lean, effi- If Mr. Heston had read the bill, he PARADISE-NOT cient, that will work, and that will would know that the crime bill is not a (Mr. STEARNS asked and was given give the citizens their money's worth. social spending bill. The facts are that permission to address the House for 1 That was not true of the original crime $7 out of every $10 in the bill goes di- minute and to revise and extend his re- bill when it came through the House. I rectly to police, Federal and State law marks and include extraneous matter.) believe the conference report was even enforcement, and prisons and detention Mr. STEARNS. Mr. Speaker, Hawaii worse. facilities. That is 85 percent of the is often used as a model for success in Mr. Speaker, James Q. Wilson, who I bill's funding. employer-mandated health care. believe is the most noted and best And, almost half of the remaining Contrary to popular opinion, the criminologist in this Nation, com- spending is devoted to combating vio- facts show there is trouble in paradise. mented on NPR a few days ago. He lence against women, drug courts and Results of mandated health care in said, "The problem with the crime bill crime prevention programs originally Hawaii are not generally known. For is that it was filled with programs that sponsored by Republican Senators DAN- instance, NFIB reports that: have been proven not to work and does FORTH, STEVENS, and DOMENICI. Eighty percent of Hawaiians are cov- not include programs that have been Let us separate myth from reality ered under two main insurers. proven to work." I believe he said it and Hollywood from real life. The Ninety-five percent of physicians in well. I hope that we soon get a crime American public is demanding that we Hawaii work for one of the two insur- bill that will work. I will certainly be pass a crime bill. It is our duty as their ers and are therefore subject to man- happy to support it if we get one like representatives to make sure that they aged care and imposed fee schedules. that. get it. Dependents or unemployed persons and part-time workers are not covered. Health care costs in Hawaii have sky- MIDNIGHT GOVERNMENT HEALTH CARE REFORM rocketed. Between 1980-90 costs rose by BASKETBALL (Mr. KINGSTON asked and was given 191 percent, nationally that figure was (Mr. SMITH of Texas asked and was permission to address the House for 1 163 percent. given permission to address the House minute and to revise and extend his re- The coalition for jobs and health care for 1 minute and to revise and extend marks.) reports that Hawaii's employer man- his remarks.) August 19, 1994 CONGRESSIONAL RECORD-HOUSE 23293 Mr. SMITH of Texas. Mr. Speaker, ANNOUNCING REPUBLICAN SUP- MANY REPUBLICAN MAYORS the Washington Post is certainly not PORT FOR A STRONG AND AF- SUPPORT THE CRIME BILL the first paper to conclude-incor- FORDABLE CRIME BILL (Mr. HOYER asked and was given rectly-that because President Bush (Mr. WELDON asked and was given permission to address the House for 1 named a Maryland midnight basketball permission to address the House for 1 minute.) program a point of light, that midnight minute and to revise and extend his re- Mr. HOYER. Mr. Speaker, we ought basketball nationwide is deserving of marks.) not to believe that this is solely a par- Federal funding and should be in the Mr. WELDON. Mr. Speaker, when the tisan debate because of the number of crime bill. House of Representatives voted down Republicans who have come to the well Many in this debate choose to forget the rule on the crime bill, the Presi- and said they are opposed to this bill. that the point of light program hon- dent went on a national media blitz, Let me read a list; all Republicans, all ored-not Government programs-but basically saying that the rule was de- mayors, all on the front line of fighting citizens volunteering to make the feated because of one organization, the crime in America. country better. National Rifle Association, when he The Republican mayor of Knoxville, Yes, midnight basketball is about knew full well there are many Members for the crime bill; the Republican more than basketball. These successful in this body who had real concerns mayor of Los Angeles, one of the great initiatives teach young men the re- about the costs involved with the victories that the Republicans claim, sponsibility and skills they cannot get crime bill, as well as some of the weak- Mayor Riordan, for the crime bill; standing on a street corner. ening provisions in terms of dealing Mayor Mystrum of Anchorage, AL, for But with Federal money comes Fed- with the criminal element in our soci- the crime bill; this crime bill; the Re- eral regulation: Eighty players in the ety. publican mayor of Newark, for this league, half the players must be from Mr. Speaker, I wrote to President crime bill; the Republican mayor of public housing, a certain percentage re- Clinton last Friday and I gave him the Scotsdale, AZ, for this crime bill; the covering drug users or HIV positive. In- conditions under which I would support Republican mayor of Dayton, for this credible. both the rule and passage of the crime crime bill; the Republican mayor of bill. Today, approximately 21 Members A league with 60 players from low-in- Palatine, IL, for this crime bill; the Re- of the Republican side of the House publican mayor of Columbus, for this come housing who have managed to have in fact delivered a letter to the steer clear of drugs are on their own. crime bill; the Republican mayor of President where we have laid down spe- Lincoln, NE, for this crime bill; the Re- As President Bush said, "People, not cific items in terms of costs and tough- publican mayor of Fort Wayne, IN, for programs, solve problems." ening provisions that will allow us to this crime bill; the Republican mayor vote for the rule and for the crime bill. of Jefferson City, for this crime bill; Guess what, Mr. Speaker? The letter is and the Republican mayor of New York silent on the assault weapon ban. City, former prosecutor, Giuliani, for EXPRESSING HOPE FOR A FREE, President Clinton now has the deci- this crime bill. FAIR, AND PEACEFUL ELECTION sion in his hands. If he really wants a IN MEXICO crime bill, we are here. If he does not, the American people will know that he O 1100 (Mr. DREIER asked and was given does not really want a crime bill. A CALL FOR BIPARTISAN permission to address the House for 1 minute and to revise and extend his re- SUPPORT OF THE CRIME BILL marks.) NO COMPROMISE ON ASSAULT (Mr.SHAYS asked and was given per- Mr. DREIER. Mr. Speaker, the day WEAPONS mission to address the House for 1 after tomorrow the very important (Mr. TORRICELLI asked and was minute.) Presidential and legislative elections given permission to address the House Mr. SHAYS. Mr. Speaker, I rise in will be taking place in Mexico. In the for 1 minute and to revise and extend support of the crime bill and I hope wake of the passage of the North Amer- his remarks.) today that Republicans and Democrats ican Free-Trade Agreement, this is Mr. TORRICELLI. Mr. Speaker, the alike can come together on this very going to be an extraordinarily impor- talk in the air is of compromise, that important issue. When this bill was in tant and historic event. reasonable people on the crime bill can the House, law enforcement was S5.5 billion. The conference committee in- I have been very troubled by rumors split their differences and to come to some accord. What kind of com- creased it to $13.9 billion. Prisons went that have been reported recently that down from $14 to $10 billion but still $10 there could be a great deal of unrest in promise? We accept only some assault weapons, allow fewer Americans to get billion for prisons. Preventative basi- Mexico if the outcome is not to the lik- cally stayed the same. This is a bill ing of certain people. killed by these senseless military type weapons? that should pass both the House and In the wake of the passage of There is a time in life when you draw the Senate, and I just encourage my NAFTA, and all of the attention that a line. There are times in life when Democratic Members not to get too has been focused on Mexico, it is very compromise is no virtue. This is one of concerned when they hear Republicans apparent that the scrutiny of this elec- those times. On the effort to get these who may make some comments. Let us tion is going to be unprecedented in weapons off our streets, to make Amer- just work together. I encourage some Mexico's history. icans safe in their own homes, to get on the Republican side who may hear Most people have acknowledged that our cities back, Mr. President, that is a Democrats say things they do not like. Mexico has had some troubled elec- time when you draw a line, when the Let us just see if we can put this to- tions in the past, where the outcome differences need to be seen, when you gether. may not have been based on the votes, let the people make a choice between if they had actually been counted ap- those who are on their side and those propriately. It seems to me that with who would side with interests against THE VIOLENT CRIME CONTROL the scrutiny that will be imposed on the security of Americans. AND LAW ENFORCEMENT ACT Mexico, that this election will prob- No compromise, no reasonable agree- (Mrs. LLOYD asked and was given ably be the most fair and balanced ments, because it is unreasonable to permission to address the House for 1 election in Mexico's history. I hope accept that any of these weapons re- minute and to revise and extend her re- very much that we see it run smoothly main on our streets. Draw the line. marks.) and fairly, and I wish the people of Have the vote and let the people know Mrs. LLOYD. Mr. Speaker, one par- Mexico well. who is on their side. ticular provision of the crime bill that 23294 CONGRESSIONAL RECORD-HOUSE August 19,1994 has received unfair attention is the suant to clause l(b)of rule XXIII, declare the research and development of hydrogen- midnight sports league. The provision House resolved into the Committee of the fueled automobiles, Dr. Ricketts' re- takes positive steps toward instilling Whole House on the state of the Union for search team has achieved real results. consideration of the bill (H.R. 4908) to au- Invited to participate in confidence and self-worth among many thorize the hydrogen and fusion, research, the Bonne- of our at-risk youth. Too many of our development, and demonstration programs, ville National Speed Week in 1991 at youth are subjected to the hostile envi- and the high energy physics and nuclear the Bonneville Salt Flats in Windover, ronment on the streets-where selling physics programs of the Department of En- UT, Dr. Ricketts set a land speed drugs and committing crimes are a way ergy, and for other purposes. The first read- record for a hydrogen-powered vehicle. of life. Unfortunately, many American ing of the bill shall be dispensed with. Gen- Surprisingly, the vehicle which set communities, particularly urban com- eral debate shall be confined to the bill and the record was the hybrid hydrogen- shall not exceed one hour equally divided propane-gasoline-powered truck which munities, do not have the resources to and controlled by the chairman and ranking provide alternatives for at-risk youth. towed the hydrogen-powered race vehi- minority member of the Committee on cle to Utah. Unfortunately the com- An alternative is the basis of midnight Science, Space, and Technology. After gen- sports. It gives youth a choice between eral debate the bill shall be considered for petition vehicle developed mechanical amendment under the five-minute rule. The problems in the prerace warmup. the dangers of the street, or a con- Dr. trolled environment. bill shall be considered by title rather than Ricketts was invited back in 1992 In a perfect world our youth are in by section. Each title shall be considered as and set another world land speed record bed at a reasonable time and not roam- read. At the conclusion of consideration of with the 100 percent hydrogen- the hill for amendment the Committee shall powered vehicle. ing the streets. However, we do not live rise and report the bill to the House with Dr. Rickets and his students were in- in a perfect world and statistics show such amendments as may have been adopted. vited back to Bonneville this summer. that most crimes are committed be- The previous question shall be considered as They are presently travelling to Utah tween 10 p.m. and 2 a.m. Midnight ordered on the bill and amendments thereto for the competition this weekend. They sports league helps communities keep to final passage without intervening motion except one motion to recommit. have made modifications to the race youth off the streets, by allowing them vehicle and hope to break the record to use local gymnasiums and commu- The SPEAKER pro tempore (Mr. they set in 1992. nity facilities throughout the night. In MONTGOMERY). The gentleman from I am proud of the research being con- addition, the program will provide the Tennessee [Mr. GORDON] is recognized ducted at Middle Tennessee State Uni- young people participating in the for 1 hour. versity and want to wish Dr. Ricketts league with job training, educational Mr. GORDON. Mr. Speaker, for the and his students the best of luck in seminars, and counseling services. purpose of debate only, I yield the cus- this weekend's competition. Locking up criminals is only part of tomary 30 minutes to the gentleman I am also optimistic that Dr. the solution-but it is also the most from Tennessee [Mr. QUILLEN], pending Ricketts' future research will benefit costly. It costs the taxpayers approxi- which I yield myself such time as I from the provisions of H.R. 4908. mately $49,000 a year for each prisoner. may consume. During consideration of Mr. Speaker, this is an open rule and Yes, those that commit crime must be this resolution, all time yielded is for I urge my colleagues to adopt the reso- put behind bars and serve their just the purpose of debate only. lution. punishment. The minimal cost in pro- Mr. Speaker, House Resolution 515 is Mr. Speaker, I reserve the balance of viding sports leagues, educational re- an open rule which provides for the my time. sources, and community activities is consideration of H.R. 4908, the Hydro- Mr. QUILLEN. Mr. Speaker, I yield certainly a worthwhile investment in gen, Fusion, and High Energy and Nu- myself such time as I may consume. changing juvenile delinquents into pro- clear Physics Research Act of 1994. Mr. Speaker, I join my colleague, the ductive and responsible adults. The rule provides for 1 hour of gen- gentleman from Tennessee [Mr. GOR- Mr. Speaker, Congress cannot fight eral debate to be equally divided and DON], in supporting this open rule. I the crime battle alone. We need to in- controlled between the chairman and commend the Committee on Science, volve the people in our districts. We ranking minority member of the Com- Space, and Technology for its out- need their cooperation, support, and mittee on Science, Space and Tech- standing and perhaps unmatched patience as we develop programs that nology. record of requesting an open rule for The rule provides that the bill shall every bill it has brought we hope will alter this distressing pro- to the floor be considered by title with each title this Congress. Chairman GEORGE liferation of violence in our commu- being considered as read. Finally, the BROWN and ranking nities. Republican mem- The programs included in the rule provides for one motion to recom- ber BOB WALKER have set an excellent crime bill are funded for a 6-year pe- mit. example of bipartisan cooperation-one riod. Some of the programs in the Mr. Speaker, I would like to com- we all should try to emulate. I will in- crime bill may not work and we should mend the leadership of Chairman sert comparative charts of open versus be able to gauge the results after the 6 GEORGE BROWN and ranking minority restrictive rules into the RECORD fol- years. However, whether successful or member BOB WALKER. H.R. 4908 recog- lowing my statement. not, we owe it to our constituents to nizes the continued importance of re- Consumption of electricity has grown try anything we can to curb the grow- search and development of energy re- at almost twice the rate of the growth ing violence before another young life sources produced by renewable tech- of population, and it is critical that we is lost. nologies. pursue the potential of alternative Hydrogen is a clean burning, environ- sources of energy such as hydrogen and PROVIDING FOR CONSIDERATION mentally safe, energy source which is a fusion to address our long-term energy OF H.R. 4908, HYDROGEN, FUSION, viable substitute for many fossil fuels. needs. Some work has been done in this AND HIGH ENERGY AND NU- As a matter of fact, extensive re- regard by various universities and re- CLEAR PHYSICS RESEARCH ACT search on the viability of hydrogen as search laboratories. In fact, Oak Ridge OF 1994 a fuel source for automobiles is being Laboratories, located in my home conducted at my alma mater--Middle State of Tennessee, is at the forefront Mr. GORDON. Mr. Speaker, by direc- Tennessee State University. of many energy research programs. But tion of the Committee on Rules, I call Dr. Cliff Ricketts initially developed much more remains to be done, and up House Resolution 515 and ask for its a prototype engine which works on gas- this bill provides the needed direction immediate consideration. oline, propane, or hydrogen. Professor and guidance to continue the research The Clerk read the resolution, as fol- Ricketts and his students later devel- and development of new energy sources lows: oped an engine which operates solely to meet the demands of the future. H. RES. 515 on hydrogen. Mr. Speaker, I urge adoption of this Resolved, That at any time after the adop- While some of the automobile manu- rule so we can proceed with the consid- tion of this resolution the Speaker may, pur- facturing giants are conducting active eration of this important measure. August 19, 1994 CONGRESSIONAL RECORD-HOUSE Mr. Speaker, I include the compara- 23295 tive charts of open versus restrictiveOPENVERSUS RESTRICTIVE RULES95TH-103D CONG.- zOpenrules are thosewhich permitany Member to offerany germane amendmentto a measureso longas it is otherwisein compliancewith the rules for the RECORD, as follows: Continued rulesof the Pouse. iheparenthetical percentages are openrules as a per- centof total rulesgranted. OPENVERSUS RESTRICTIVE RULES 95TH-103D CONG. Openrules Restrictive 'Restrictiverules are thosewhich limit the numberof amendmentswhich can beoffered, and includeso-called modified open and modifiedclosed Openrules Restrictive Congress(years) grantedr um- Per- rules,as wellas completelyclosed rule, and rules providingfor consider- ationin the rules granted her e Num- Per- Houseas opposedto theCommittee of the Whole.The par- Totalrules cent ber cent entheticalpercentages are restrictiverules as a percentof total rulesgrant- Congress(years) rante Num- Per- - - granted b n um- Per- ed. ber centa bet cent 1001h(1987-88) ...... 123 66 54 57 46 Sources:"Rules Committee Calendars & Surveys of Activities,"95th-102d 101st (1989-90)...... 104 47 45 57 55 Cong.;"Notices of ActionTaken." Committee on Rules.103d Cong., through 95th(1977-78) ...... 211 179 85 32 102d15 (1991-92) ...... 109 37 34 72 66 Aug.18. 1994. 96th(1979-80) ...... 214 161 75 53 25103d(1993-94) ...... 91 25 27 66 73 97th(1981-82) ...... 120 90 75 30 25 98th(1983-84) ...... 155 105 68 50 32'Total rules counted are all orderof businessresolutions reported from 99th(1985-86) ...... 115 65 57 50 the43 RulesCommittee which provide for the initial consideration of legisla- tion,except rules on appropriationsbills which only waive points of order. Originaljurisdiction OPENmeasuresVERSUS reportedRESTRICTIVE as privilegedRULES:are also 103Dnot counted.CONG.

Rule numberdate reported Ruletype Billnumber and subject Amendmentssubmit- Amendmentsallrwed Dispositionof rule and date ted Aedet l:e tpsJno ueaddt H.R.1: Fam ily and medical leave ...... P: 246-176.A: 259-164. (Feb. 3. 1993). H.R.2: National Voter Registration Act ...... MC PQ.248-171. A: 249-170. (Feb. 4, 1993) H.Res. 58. Feb. 2, 1993...... H.R.920: Unemployment compensation ...... 30 (0-5:R-25) ...... 3(D-0: R-3) ...... PO 243-172.A 237-178. (Feb. 24. 1993). H.Res. 59, Feb. 3. 1993...... H.R20: HatchAct amendments...... 19(0-1; R-18) ...... 1 (D-0;R-1) ...... PQ:248-166. A: 249-163. (Mar. 3. 1993). H.Res. 103,Feb. 23, 1993...... H.R.4: NIHRevitalization Act ol 1993...... 7(0-2; R-5)...... 0 (0-0; R-0) ...... PQ:247-170. A: 248-170. (Mar. 10, 1993). H.Res. 106,Mar. 2, 1993 ...... H.R.1335: Emergency supplemental Appropriations ...... 9(D- ;R-8) ...... 3 (D-0;R-3) ...... A 240-185.(Mar. 18, 1993). H.Res. 119.Mar. 9. 1993 ...... H.Con. Res. 64: Budgetresolution ...... 13(d-4; R-9) ...... 8(D-3: R-5) ...... P. 250-172.A: 251-172. (Mar. 18. 1993). H.Res. 132,Mar. 17. 1993...... HR. b60: Family planning amendments ...... 37(0-8; R-29) ...... 1(notsubmitted) (1-I; R-0) ...... P:252-164. A: 247-169. (Mar. 24. 1993). H.Res. 133,Mar. 17. 1993...... HR. 1430. Increase Public debt lim it ...... 14(D-2; R-12) ...... 4 (1-Dnot submitted)(0-2; R-2) . PO:244-168. A: 242-170. (Apr. 1. 1993). H.Res. 138,Mar. 23, 1993 ...... H.R.1578. Expedited Rescission Act of 1993 ...... 20 (D-8;R-12) ...... 9(0-4; R-5) ...... A 212-208.(Apr. 28. 1993). H.Res. 147.Mar. 31, 1993...... H.R.820: Nate Competitiveness Act ...... 6(-1; R-5)...... 0(0-0; R-0) ...... A VoiceVote. (May 5, 1993). H.Res. 149Apr. 1, 1993 ...... HR. 873: Gallatm Range Act of 1993...... 8(0-1 R-7)...... 3(D- ;R-2) ...... A.Voice Vote. (May 20. 1993). H.Res. 164.May 4. 1993...... H.R.1159 PassengerVessel Safety Act ...... NA ...... NA...... A 308-0 (May24, 1993). H.Res. 171.May 18, 1993 ...... SJ.Res. 45: United States forcesin Somalia ...... NA ...... NA ...... A.Voice Vote (May 20, 1993) H.Res. 172,May 18, 1993 ...... HR.2244: 2d supplementalappropriations ...... NA...... NA...... H.Res. 173May 18, 1993...... A:251-174. (May 26, 1993). H.R.2264: Omnibus budget reconciliation ...... 6(0-1; R-5)...... 6(D-1; R-5) ...... PQ 252-178 A:236-194 (May 27. 1993) H.Res. 183,May 25, 1993...... H.R.2348: Legislative branch appropriations ...... NA ...... NA...... P: 240-177.A: 226-105. tune 10. 1993). H.Res. 186.May 27, 1993...... H.R.2200: NASA authirrzation ...... 51 (D-19;R-32) ...... 8(0-7: R-1) ...... A VoiceVote. (une 14, 1993). H.Res. 192.June 9.1993 ...... HR. 5: Striker replacemen' ...... 50(0D ; R-44 ...... 6 0-3; R-3) ...... A:244-176.. (June 15. 1993). H.Res. 193.June 10,1993 ...... NA H.R.2333: State Department.HR. 2404: Foreign aid ...... NA...... A 294-129.(une 16,1993) H Res. 195,June 14,1993 ...... HR. 1876: Ext. of "FastTrack" ...... 7(0-4; R-3)...... 2(0- ; -1I1)...... A VoiceVote. (June 22. 1993). H.Res 197,June 15,1993 ...... H.R.2295: Foreign operations appropriations ...... 53(D-20; R-33) ...... 27(0-12; R-15) ...... A:263-160. (June 17. 1993). H.Res. 199,lune 16,1993 ...... H.R.2403: Treasury-postal approprrations ...... NA...... NA...... A VoiceVote. (June 17. 1993). H.Res. 200, June 16.1993 ...... H.R.2445: Energy and Water appropriations ...... 33(0D-l; R-22) ...... 5(0- ;R- ...... A.Voice Vote. (June 23. 1993). H.Res. 201, June 17.1993 ...... HR. 2150: Coast Guardauthorization ...... NA...... NA ...... A 401-0 (July30. 1993). H.Res. 203, June 22,1993 ...... H.R.2010: National Service Trust Act ...... NA...... NA ...... A.261-164. (July 21. 1993). H.Res. 206, June 23. 1993...... H.R.2667: Disaster assistance supplemental ...... NA...... NA...... PQ:245-178. F: 205-216. (July 22. 1993). H.Res. 217, July 14.1993 ...... H.R.2667: Disaster assistance supplemental ...... NA ...... NA...... A 224-205.(July 27. 19931. H.Res. 220, July 21. 1993...... H.R.2330: Intelligence Authority Act, liscal year 1994...... 14(D-8 R- )...... 2(0-2; R-O) ...... A.Voice Vote. (Aug. 3. 1993). H.Res. 226, July 23,1993 ...... HR. 1964: Maritime Administration authority ...... 15(0-8; R-7 ...... 2(0-2; R-O) ...... A:Voice Vote. (July 29. 1993). H.Res. 229. July 28,1993 ...... HR. 2401: National Defense authority ...... NA...... NA...... A 246-172.(Sept. 8, 1993). H.Res. 230, July 28,1993 ...... H.R.2401: National defense authorization...... NA...... NA...... PQ237-169. A: 234-169. (Sept. 13, 1993). H.Res. 246, Aug. 6. 1993 ...... HR. 1340: RTC Com pletion Act ...... 149(D-109; R-40) ...... A:213-191-1. (Sept. 14. 1993). H.Res 248.Sept. 9. 1993 ...... H.R.2401: National Defense authorization ...... A 241-182.(Sept. 28. 1993). H.Res. 250. Sept. 13, 1993...... H.R.1845: National Biological Survey Act ...... 12(-3; R-9)...... I (D-l:R-0) ...... A 238-188 (10/06/93). H.Res. 254. Sept. 22. 1993...... H.R.2351: Arts, humanities, museums ...... 91 (0-67,R-2 )...... PO 240-185.A: 225-195. (Oct. 14. 1993). H.Res. 262. Sept.28, 1993 ...... H.R.3167: Unemployment compensation amendments ...... NA ...... NA...... A:239-150. (Oct. 15. 1993). H.Res. 264, Sept. 28, 1993 ...... H.R.2739. Aviation infrastructure investment ...... 7(D- .0 R-7) ...... 3(0-0: R-3) ...... A"Voice Vote. (Oct. 7, 1993). H.Res. 265, Sept. 29, 1993 ...... HR. 3167: Unemployment compensation amendments ...... 3(0- ; R-2) ...... 2(0-1: R- )1...... P. 235-187.F: 149-254. (Oct 14, 1993). It.Res. 269, Oct. 6. 1993 ...... N/A...... N/A...... HR. 1304: Goals 2000 EducateAmerica Act ...... 2 ( R- ...... A VoiceVote. (Oct. 13. 1993). H.Res. 273. Oct. 12. 1993...... HI Res 281:Continuing appropriations through Oct. 28. 19933..... (D-I; R-2) ...... A VoiceVote. (Oct. 21. 1993). H.Res. 274. Oct.12, 1993...... HR. 334: Lumbee Recognition Act ...... 15(D-7; R9-7; -1) .... 101( -7; R-3) ...... A VoiceVote. (Oct. 28. 1993). H.Res. 282, Oct. 20, 1993...... H.JRes. 283: Continuing appropriations resolution ...... N/A...... N/A...... A:252-170. (Oct. 28, 1993). H.Res. 286. Oct. 27, 1993 ...... N/A...... H.R.2151: Maritime Security Act of 1993...... N/A...... A VoiceVote. (Nov. 3. 1993). H.Res. 287, Oct. 27. 1993...... H.Con. Res. 170.Troop withdrawal Somalia ...... 1(D-0 R- )...... 0 ...... A 390-8 (Nov.8. 1993). H.Res. 289, Oct. 28, 1993...... H.R.1036: Employee Retirement Act-1993 ...... N/A...... A:Voice Vote. (Nov. 9. 1993). H Res.293. Nov. 4, 1993 ...... HR. 1025: Brady handgun bill ...... fl/A...... N/A...... A.238-182. (Nov. 10. 1993) H.Res. 299. Nov. 8. 1993 ...... H.R.322: M ineral exploration ...... 2(0-1 R-1) ...... N/A...... A:Voice Vote. (Nov. 16. 1993) H.Res. 302. Nov. 9, 1993 ...... HJ Res.288 FurtherCR. FY 1994 ...... 17(0-6: R-1) ...... 4 (D- R-3) ...... H.Res. 303. Nov. 9, 1993 ...... HR. 3425: EPA Cabinet Status ...... A...... A R-...... F:191-227. (Feb. 2, 1994). H.Res. 304. Nov. 9. 1993 ...... H.R.796: Freedom Access to Clinics ...... 1NA...... 6 (D-3...... A 233-192.(Nov. 18. 19931. H Res.312, Nov. 17, 1993 ...... 27(D-8; R-19) ...... A 238-179.(Nov 19. 1993). H. H.R.3351: Alt Methods Young Offenders ...... Res.313, Nov. 17, 1993 ...... 11R. 51: D.C. statehood bill ...... 15(1-9; 6 ...... S(D-.. R-8) ...... A 252-172.(Nov. 20. 1993). H.Res. 314. Nov. 17. 1993 ...... HR. 3: CampaignFinance Reform ...... 21 (0-:R-14) ...... A:220-20. (Nov.21, 19931. H.Res. 316, Nov. 19. 1993 ...... H.R.3400: Reinventing Government ...... 1(D- ;R-0) ...... A 247-183.(Nov. 22. 1993). H.Res. 319, Nov. 20. 1993 ...... H.R.3i59: EmergencySupplemental Appropriatons ...... 35(D-6; R-29) ...... 64(0-3;(0-0:A ..-3; R-.R-0)R-3) ) ...... P. 244-168.A: 342-65. (Feb. 3, 1994). H.Res. 320, Nov. 20, 1993 ...... H.R.811: Independent Counsel Act ...... 34(D- 5; R- 1 9)...... - 10(D-: R- 6)...... PQ 249-174.A: 242-174. (Feb. 9. 1994). H.Res. 336. Feb. 2. 1994 ...... H.R.3345: Federal Workforce Restructuring ...... 14(D-8: R-5;: I- ).... 3 (0-2; R-0) ...... A:W (Feb.10, 1994). H.Res. 352, Feb. 8, 1994 ...... HR.6: Improving America's Schools ...... 27 (D-8;R-19) ...... A:W (Feb24. 1994) H.Res 357. Feb.9. 1994 ...... H.Con. Res. 218: Budget Resolution FY 1995-99 ...... 3(D-2: R-1) ...... A 245-171 (Mar.10. 1994). NA...... H.Res. 366, Feb. 23, 1994 ...... H.R.4092: Violent Crime Control ...... 5S(0-2;S( (0-3; ..-3; -2)R-2R- ) ...... 1)...... A.244-176 (Apr. 13. 1994). H Res.384. Mar.9. 1994 ...... H.R.3221: Iraqi Claim s Act...... 14(0-5: R-9) ...... A.Voice Vote (Apr. 28, 1994). H.Res. 401, Apr. 12. 1994 ...... H.R.3254: NSF Auth. Act ...... 180(D-96; R-82) ...... A.Voice Vote (May 3. 1994). H.Res. 410, Apr. 21. 1994...... N/A...... N/A...... H.R.4296: Assault Weapons Ban Act ...... N/A A 220-209(May 5, 1994) It.Res. 414. Apr. 28. 1994 ...... HR. 2442: EDA Reauthorizaton ...... N/A...... 68N/A(D-0-3 .... 47: -2) R-21) ...... A VoiceVote IMay 10. 1994). H.Res. 416, May 4. 1994 ...... HR.518: California Desert Protection ...... 7(D-5: R-2) ...... PO:245-172 A. 248-165 (May 17, 1994). H.Res. 420, May 5. 1994 ...... N/A...... UNA ...... H.R.2473: Montana Wilderness Act ...... N/A...... NWAWA ...... A.Voice Vote (May 12, 1994). H.Res. 422, May 11. 1994...... HR. 2108: Black Lung Benefits Act ...... A.W (May19. 1994). H.Res. 423, May 11, 1994 ...... HR. 4301: Defense Auth. FY 1995 ...... N/A...... N/ANIA...... A:369-49 (May 18. 1994). H.Res. 428, May 17, 1994 ...... HR. 4301: Defense Auth., F 1995...... 4 (0-1;R-3) ...... A:Voice Vote (May 23. 1994) H.Res. 429, May 17, 1994...... HR. 4385: Natl HiwaySystem Designation...... 173(D-115: R-58) .... A.Voice Vote (May 25. 1994). H.Res. 431, May 20, 1994 ...... S...... 100(D-80; R-20) ...... P: 233-191A. 244-181 (May 25. 1994). H.R.4426: For. Ops. Approps. FY 1995 ...... H.Res. 440, May 24. 1994 ...... H.R.4454: Leg Branch Approp, FY 1995 ...... 16(-1; R-6) ...... 5 (0-5;R-0) ...... A:249-177 (May 26, 1994). H.Res. 443, May 25, 1994 ...... H.R.4539: Treasury/Postal Approps 1995 ...... 39(0-11: R-28) ...... 8 (WA-3 R-5) ...... A 236-177(June 9, 1994). H.Res. 444, May 25. 1994 ...... H.R.4600: Expedited Rescissions Act ...... 43(D-10; R-33) ...... 12(0-8. R-4)...... PQ:240-185 AVoice Vote (luly 14, 1994). H.Res. 447, June 8.1994 ...... HR. 4299: Intelligence Auth., FY 1995 ...... N/A...... N/A...... A VoiceVote (July 19. 1994). H.Res 467.June 28,1994 ...... HR. 3937: Export Admn. Act of 1994...... A VoiceVote (July 14, 1994)...... W/A...... H.Res. 468. June 28.1994 ...... H.R.1188: Anti. Redlining in Ins...... N/A ...... A VoiceVote (July 20. 1994). H.Res 474,July 12,1994 ...... HR. 3838: Housing & Comm. Dev. Act ...... N/A N/A...... A:Voice Vete duly21. 1994). H.Res 475.July 12.1994 ...... H.R.3870: Environ. Tech. Act of 1994...... N/A...... N/A ...... A:Voice Vote duly 26. 1994). H.Res. 482, July 20. 1994...... H.R.4604: Budget Control Act of 1994...... WA ...... PQ:245-180 A: Voice Vote duly 21. 1994). H.Res. 483. July 20. 1994...... N/A...... A3...... H.R.2448. Radon Disclosure Act ...... N/A ...... A VoiceVote (uly 28,1994). H.Res. 484. July 20, 1994 ...... S.208: NPS Concession Policy ...... 3(0D-2; R-1) ...... 3 (D-2;R-1) ...... A:Voice Vote (July 28. 1994). H.Res. 491, July 27. 1994...... N/A...... HR.4801: SBA Reaulh & Amdmts. Act ...... N/A...... PQ215-169 A. 221-161 (July29. 1994). H.Res. 492, July 27. 1994...... H.R.4003: Maritime dmmn.Reauth ...... N/A...... A:336-77 (Aug. 2. 19941. H Res 494,July 28, 1994 ...... S.1357: Little Traverse Bay Bands ...... 6 (D-4:R-2) ...... A VoiceVote (Aug. 3. 1994). It. Res 500.Aug. 1, 1994 ...... WA...... WA ...... H.Res 501.Aug. 1. 1994 ...... N/A...... N/A...... 23296 CONGRESSIONAL RECORD-HOUSE August 19, 1994 OPENVERSUS RESTRICTIVE RULES: 103D CONG.-Continued

Rule numberdate reported Rule type Bill numberand subject Ame dmes sbm - Amendmentsallowed D po of rle and date

H Res. 502 Aug.1 1 4 ...... 0 H.R.1066: Pokagon Band Potawatom...... /A...... N/A ...... A: Voice Vote (Aug. 3. 1994). H Res 507.Aug. 4. 1994...... 0 H.R.4217: Federal Crop Insurance ...... N/A ...... N/A ...... A VoiceVote (Aug. 5. 1994). H Res 509 Aug.5. 1994 ...... MC HJ.Res. 373/H.R. 4590. MFN China Policy ...... A ...... N/A...... A: Voice Vote (Aug. 9. 1994). H Res 513 Aug.9 1994...... MC HR.4906: Emergency Spending Control Act ...... NA ...... N/A...... A: Voice Vote (Aug. 17. 1994). H.Res. 512. Aug. 9 1994...... C H.R.4907: Full Budget Disclosure Act ...... A ...... A ...... A: 255-178 (Aug.11 1994). H.Res. 514,Aug. 9. 1994 ...... MC HR.4822: Cong. Accountability ...... 33 (D-16; R-17) ...... 16(D-10; R-6) ...... PQ: 247-185 A: Voice Vote (Aug. 10. 1994). H Res. 515.Aug. 10 1994...... 0 HR. 4908: Hydrogen Etc. Research Act ...... N/A ...... /A ...... H.Res. 516.Aug. 10. 1994 ...... HR. 3433: Presido Management...... 12 (D-2; R-10) ...... N/A...... A: Voice Vote (Aug. 13. 1994). Note-Code: C-Closed: MC-Modilfed closed: MO-Modilied open; 0-Open; D-Democrat; R-Republican; PQ: Previous question; A-Adopted; F-Failed.

Mr. Speaker, I have no further re- tion programs, and the high energy Mr. Chairman, H.R. 4908, the Hydrogen, quests for time, and I yield back the physics and nuclear physics programs, Fusion, and High Energy and Nuclear Physics balance of my time. of the Department of Energy, and for Act of 1994, is, for a number of reasons, a Mr. GORDON. Mr. Speaker, I have no other purposes, with Mr. OLVER in the very important bill-one that represents much further requests for time, and I yield chair. more than a collection of random research back the balance of my time. The Clerk read the title of the bill. programs. The SPEAKER pro tempore. Without The CHAIRMAN. Pursuant to the The first and most fundamental reason is objection, the previous question is or- rule, the bill is considered as having that the bill represents a hopeful change in dered on the resolution. been read the first time. Congress' dismal record over the past 20 There was no objection. Under the rule, the gentleman from years in passing energy-related authorization The SPEAKER pro tempore. The California [Mr. BROWN] will be recog- bills. For example, the programs authorized in question is on the resolution. nized for 30 minutes, and the gen- the high-energy physics and nuclear physics The resolution was agreed to. tleman from Pennsylvania [Mr. WALK- portions of this bill-programs which account A motion to reconsider was laid on ER] will be recognized for 30 minutes. for well over $1 billion in Federal spending- the table. The Chair recognizes the gentleman have not been fully authorized since 1981. from California [Mr.BROwN]. The House did pass an authorization bill for Mr. BROWN of California. I yield my- the superconducting super collider in 1990, ANNUAL REPORTS ON ACTIVITIES self such time as I may consume. but it was not acted upon by the Senate. Fur- OF DEPARTMENT OF LABOR AND Mr. Chairman, this is an important ther, although several of the programs in this DEPARTMENT OF HEALTH AND bill, as will be spelled out in more de- bill-such as the hydrogen and fusion R&D HUMAN SERVICES-MESSAGE tail. However, it is not a controversial programs-were in fact authorized in the En- FROM THE PRESIDENT OF THE bill. It was adopted by a unanimous ergy Policy Act of 1992, the bill before us UNITED STATES voice vote in committee. today provides a higher level of policy guid- The SPEAKER laid before the House Some of the problems that have aris- ance and program direction. I hope that this en subsequently caused us to go to the bill is a harbinger of things to come in terms the following message from the Presi- Committee on Rules for a rule rather dent of the United States; which was of authorizing legislation on important energy than taking it up on suspension. They programs. read and, together with the accom- were miscommunications more than panying papers, without objection, re- The bill is also important because the four ferred to the Committee on Education anything else, for which I take full re- titles in the bill aggressively address the long- and Labor: sponsibility and gladly accept it. term energy needs of our Nation and of man- The miscommunications had to do kind. By the year 2050, world population is ex- To the Congress of the United States: with the question of whether or not to pected to double; global energy needs will In accordance with section 26 of the have caps with regard to the funding likely increase by threefold. These energy de- Occupational Safety and Health Act of on the bill. This caused us some prob- mands will be driven by increasing population 1970 (Public Law 91-596; 29 U.S.C. 675), I lems because the bill originally was and by the emerging economies of Asia, east- transmit herewith the 1991 annual re- two separate bills which went to two ern Europe, and the remainder of what we ports on activities of the Department separate subcommittees. currently refer to as the less-developed coun- of Labor and the Department of Health One subcommittee reported the bill tries. If we fail to meet these needs for energy, and Human Services. These reports with caps, the other one did not. In nei- we court a future of constant struggle between were prepared by, and cover activities ther subcommittee was there any en- the haves and the have-nots. Such a struggle occurring exclusively during the pre- thusiasm for the caps, but they were can only lead to political instability and ulti- vious Administration. adopted nevertheless in the one sub- mately military confrontation. While the bill will WILLIAM J. CLINTON. committee. obviously not resolve all the issues associated THE WHITE HOUSE, August 19, 1994. At one point we thought we could with increasing population and energy de- agree upon a reasonable cap for the mands, it will catalyze important scientific and whole bill, but we were unable to do HYDROGEN, FUSION, AND HIGH technical steps toward abundant, clean energy that. supplies. Both the hydrogen and fusion energy ENERGY AND NUCLEAR PHYSICS So we are bringing this to the floor RESEARCH ACT OF 1994 R&D programs authorized in titles I and II hold in the condition that it was reported the promise of fuels that are nonpolluting and The SPEAKER pro tempore. Pursu- out of the full committee, with a cap essentially unlimited. ant to House Resolution 522 and rule on part of it and no cap on another part Title I of H.R. 4908 provides for the devel- XXIII, the Chair declares the House in of it. opment and demonstration of technologies to the Committee of the Whole House on While we were considering some use hydrogen in transportation, industrial, resi- the State of the Union for the consider- amendments to extend the caps to the dential, and utility applications. To encourage ation of the bill, H.R. 4908. whole bill or to remove the caps from industry participation and the evolution of cost- 0 1110 the whole bill, I think our current situ- competitive technologies, the bill calls for cost- ation is that we will leave the bill the sharing with industry in the development and IN THE COMMITTEE OF THE WHOLE way it was reported out of the commit- demonstration processes. This is vitally impor- Accordingly, the House resolved it- tee and hope that we can survive on tant because cost competitiveness is the key self into the Committee of the Whole that basis. to the successful development of hydrogen House on the State of the Union for the I am going to leave more detailed ex- technologies that will be competitive in the en- consideration of the bill (H.R. 4908) to planation to the two subcommittee ergy marketplace. authorize the hydrogen and fusion re- chairmen at this point and allow Mr. The Fusion Energy Program authorized in search, development, and demonstra- WALKER to use such time as he wishes. title II is a research and development program August 19, 1994 CONGRESSIONAL RECORD-HOUSE 23297 that will only be undertaken by government. debate among our colleagues and with the knows that some special interests will The technical obstacles are so great and the Senate that sustainable long-term commit- not be happy, but the committee also development time is of such length that only ments can be reached. knows that authorized programs have government will accept such a challenge. Like- Mr. Chairman, I urge my colleagues on both gone through the process and have be- wise, the benefit can not and should not be sides of the aisle to support this bill, and I re- come its priorities. Some programs win claimed by an individual or even a single na- serve the balance of my time. and some programs lose, but when we tion. I would add, Mr. Chairman, that the po- Mr. Chairman, I reserve the balance make real budget choices, the tax- tential benefits from fusion are likewise of of my time. payer--the American public-always such magnitude to future generations that we Mr. WALKER. Mr. Chairman, I yield wins. cannot, in good conscience, walk away from myself such time as I may consume. With that, Mr. Chairman, I reserve this challenge. Mr. Chairman, I join Chairman the balance of my time. Provisions in title II mandate United States BROWN in offering this legislation be- Mr. BROWN of California. Mr. Chair- participation in an international cooperative de- fore the House. Our committee has man, let me at this point thank the velopment program to develop fusion energy spent considerable time working, in a gentleman from Pennsylvania [Mr. with our European, Japanese, and Russian bipartisan manner, on this bill and I WALKER] for his contribution to the colleagues. The program, referred to as the want to thank him, Chairman LLOYD, cause. As the gentleman stated, we international thermonuclear experimental reac- and the other members of the commit- have joined in offering the legislation, tor [ITER], will hopefully serve as a model for tee for the bill we brought forward. which constitutes title I. It is a very future international, cooperative scientific ef- This legislation focuses primarily on important initiative, and I compliment forts. I would add, Mr. Chairman, that many two forms of energy: hydrogen and fu- the gentleman for the work that he has improvements must be made in ITER's man- sion, while it also includes authoriza- put into it. agement and operational procedures if it is to tions for the Department of Energy's Aside from straying once or twice be an effective model of international coopera- high energy physics, nuclear physics, into some areas like caps, the gen- tion. and some university education and nu- tleman has been a very forceful, help- The bill authorizes the Department of En- clear programs. ful proponent of the content of this en- ergy to participate in engineering design and I would like to focus my remarks at tire bill, and I appreciate that. research activities for ITER; however, it re- the outset, however, on one of the Mr. Chairman, I yield such time as serves judgment on U.S. participation in con- forms of energy that are contained in she may consume to the gentlewoman struction until a later date, after considerable this bill. I introduced legislation along from Tennessee [Mrs. LLOYD], who consolation involving all the parties to the with the chairman of our committee, chairs the Subcommittee on Energy. the gentleman from California [Mr. Mrs. LLOYD. I thank the chairman agreement. for yielding this time to me. Title II also authorizes construction of the BROWN], earlier this year in an attempt Mr. Chairman, I do rise to speak on tokamak physics experiment [TPX], a new ex- to place hydrogen at the forefront of the bill, H.R. 4908, the Hydrogen Fusion perimental fusion machine. Research from the energy research and development at High Energy and Nuclear Physics Act TPX will help to speed the development of fu- the Department of Energy. Hydrogen of 1994. ture machines more suited to power produc- has shown itself to be a near-term re- Mr. Chairman, our hydrogen and fu- tion. placement for our dependence on the sion programs were authorized in the Titles Ill and IV of this bill address not only fossil fuels that we now burn with Energy Policy Act for fiscal year 1993 important basic research programs, but also abandon. Hydrogen as an energy car- and fiscal year 1994, but H.R. 4908 au- the development and training of the future sci- rier can be used for transportation, thorizes these important programs for entists and engineers who will be required to heating and cooling, power production fiscal year 1995, 1996, and 1997. Further, bring these technologies to fruition. Each of through fuel cell technology, and any this bill provides significant program the programs in titles III and IV is facing dif- other use for which we now use fossil direction to expand these existing pro- ficult times and is in need of the kind of direc- fuels. It has the added benefit of being grams. The Hydrogen Research Pro- tion and stability for the near future that is pro- nonpolluting and of being available gram offers the potential to reach mid- vided by this authorization bill. from water. As an energy carrier it has term goals toward commercialization Title III of H.R. 4908 authorizes the high-en- few drawbacks that cannot be resolved in possibly 20 years. The Fusion Re- ergy and nuclear physics activities of the De- by research. search Program remains a long-term partment of Energy through fiscal year 1999. I would like to believe that the research effort and is not expected to After the termination of the SSC, the commit- Science Committee has taken a bold yield fruit for nearly 50 years. I would tee sought a smooth transition to a new and step by including my hydrogen legisla- point out, however, that significant exciting future for high-energy and nuclear tion as title I of this bill. Not just be- progress has been made in the past physics. Title III sets the course for high-en- cause it is mine, but because by estab- year in fusion research. ergy and nuclear physics funding, international lishing it as an energy research and de- The world's energy demand is grow- cooperation, and strategic planning. velopment priority I think it speaks to ing rapidly even today in developing Title IV provides for the upgrading of more a sense of hope in our Nations energy countries. The predictions of the popu- than 30 university reactors, located in 25 future. I also believe that by adopting lation growth over the next 50 years States, that are critical to the needs of stu- this legislation the House will show it- coupled with economic aspirations in- dents in fields such as materials sciences, self to be on the cutting edge of sup- dicate that we must start down a path chemistry, archaeology, medicinal research, porting the energy research and devel- of clean, abundant, and affordable en- geology, fluid mechanics, and biological opment necessary to adapt this Na- ergy supplies. sciences. These tools of research at our lead- tion's energy needs for the 21st cen- Mr. Chairman, our Federal invest- ing universities have been neglected too long. tury. Hydrogen will play a major role ment in energy supply has declined by Finally, let me note the importance of the in the energy mix of the future and it two-thirds in the last 14 years, two- House responding effectively to fusion legisla- is up to us to see that we now begin thirds. tion that has been sent over from the Senate. that integration wisely, economically, Two other key provisions of this bill H.R. 4908 is in part such a response. But the and efficiently. provide the very foundation to con- bill also provides the vision of the House on In this legislation the Science Com- tinue our hydrogen and fusion efforts the policies and direction needed to guide mittee has chosen priorities, but with- and our basic science research. The these programs. Given the events of the past in the limits of the budget. By doing so High Energy and Nuclear Physics Pro- few years and the problems surrounding the the committee makes it clear that the grams will have an authorization to SSC, it is essential that significant commit- standard policy of yearly increases, in- continue these very important basic ments, spending priorities, and program direc- cluding an inflation factor, is over. The science programs. tion be discussed and debated by this Con- budget is too tight for that and the The University Radiation Science gress. It is only through such discussion and time for choices is now. The committee and Technology Program will support 23298 CONGRESSIONAL RECORD-HOUSE August 19, 1994 our Nation's human resource base for Mr. Chairman, let me stress that. I some of what we were attempting to do new students that we need going into think that we must maintain our exist- with regard to the cap issue that the these important fields while also pro- ing programs at a world class level, chairman raised a few minutes ago, but viding for basic research in nuclear and along with joining the international the gentleman has been extremely environmental sciences. Further, the scientific community in development helpful in trying to negotiate and try- much-needed reactor upgrades at uni- of the large hadron collider in Europe. ing to come up with some alternatives versity campuses across the country Contrary to what the doomsayers were that would have helped. will begin offering modern safety saying upon the demise of the super- As it turns out, I think we have come equipment. conducting super collider, the future of to some understandings that will allow Mr. Chairman, these are very impor- high energy physics in America is us to move forward with the bill with- tant programs which are needed to ad- bright indeed because we are taking an out getting into a number of those dis- dress our energy, our science and our enlightened approach to that future. cussions, and I think that is probably research needs to prepare us for the The funding called for in the bill is the best way to resolve it. But the gen- 21st century and prepare for the needs an appropriate expenditure that totals tleman has been extremely helpful, and of a growing world population. barely 1 percent of what the SSC would I think the entire science community Despite the positive features of this have cost, but pays dividends far be- needs to know that his work in these bill, and there are many, I still have yond the investment. Not only will im- areas has always exemplified, No. 1, his strong reservations about the cap on portant current work continue under understanding of the issues and his feel energy research that has been inserted the provisions of this bill, but the field for them, also his determination to see into the bill. This cap, which reaches will remain open to a new generation that this is all done within proper will beyond the scope of the bill, sig- of young scientists who rely on con- budget constraints, and I thank him nificantly impacts a number of pro- tinuing resources to complete their very much. grams that are not addressed in the work. They can open up a new universe Mr. BOEHLERT. Mr. Chairman, I bill. These impacts have consequences for us all if we only give them the thank my colleague for those kind that were neither understood nor de- tools. words. bated in our deliberations on the bill Thirty years ago Dr. Isidore Rabi dis- Mr. BROWN of California. Mr. Chair- before it reached the floor. played great wisdom when he said, man, I yield myself 1 minute for the These caps, Mr. Chairman, will not "Science is a great game. It is inspir- purpose of adding some laudatory com- reduce the deficit by limiting Federal ing and refreshing. The playing field is ments to the work done by the distin- spending. Anyone who understands the universe itself." guished gentleman from New York [Mr. anything about the budget process The Drell panel gave us a close-up BOEHLERT] as well as other Members on knows that these caps will have no im- view from the very edge of that playing that side, such as the gentleman from pact on Federal spending. The budget field. This bill puts us in the game. Illinois [Mr. FAWELL], who has been a agreement of 1993 controls discre- Join me, join our bipartisan leadership, constructive and important influence tionary Federal spending. The amend- in supporting the science and the sci- on the development of this bill. ment simply limits the amount of that entists who need the resources to carry Unfortunately there are times when discretionary spending that can be on with their vital work. we tend to lose our focus on the truly used for the research and development Before I conclude, Mr. Chairman, I monumental significance of the con- programs covered by the proposed caps. would like to pay tribute to the chair- tent of the legislation and become side- I will also say it says something man of our Subcommittee on Science, tracked over important, but not nearly about us as a Nation if we make re- the gentleman from Virginia [Mr. Bou- as significant, details with regard to search and development a very low pri- CHER], for his leadership, chairman of how the programs are administered. As ority. the full committee, the gentleman several people have pointed out here, Mr. Chairman, despite these reserva- from California [Mr. BROWN], for his the subject of energy development real- tions, I will support the bill, and I leadership, and the ranking member of ly is at the heart of the whole world's would hope that we can work them out the full committee, the Republican programs and problems. in conference. However, in the future I chairman of the full committee as we Over the next several years, Mr. think we should strongly oppose the call him, the gentleman from Penn- Chairman, both the need for energy use of thoughtless approaches, such as sylvania [Mr. WALKER]. Also I com- and the need for energy which will re- the caps, as we look at future legisla- mend the gentlewoman from Tennessee duce the environmental impact have tion. [Mrs. LLOYD] and the gentleman from passed energy sources such as coal, oil, and nuclear, and we are moving in this O 1120 Illinois [Mr. FAWELL]. This has been a partnership in our Committee on bill to set the framework for solving Mr. WALKER. Mr. Chairman, I yield Science, Space, and Technology. some of these problems. 3 minutes to the gentleman from New Now it has not always been the Mr. Chairman, I yield such time as he York [Mr.BOEHLERT]. smoothest of sailing because along the may consume to the distinguished gen- Mr. BOEHLERT. Mr. Chairman, I way there have been occasional mis- tleman from Virginia [Mr. BOUCHER], urge my colleagues to join me in sup- understandings, but I think now the di- who chairs the Subcommittee on porting this important legislation that alog has been opened, and now that we Science, which has jurisdiction over provides the resources to maintain U.S. are having better communication I the high energy physics and the gen- world leadership, particularly in high think we have fashioned a package eral science activities of the Depart- energy physics. that we can all be proud of, and I look ment of Energy. The Drell panel did some outstanding forward to identifying with it and mov- Mr. BOUCHER. Mr. Chairman, I want work in its report on the future of ing forward in this critical, important to express my appreciation to the American high energy physics and pro- area of science. chairman of the full committee, the vided the basis for that portion of this Mr. WALKER. Mr. Chairman, will gentleman from California [Mr. legislation before us today. the gentleman yield? BROWN], for yielding this time and also In the wake of the cancellation of the Mr. BOEHLERT. I yield to the gen- express my thanks and gratitude to the superconducting super collider, Mr. tleman from Pennsylvania. ranking Republican member of this Chairman, we simply must maintain Mr. WALKER. Mr. Chairman, I sim- subcommittee, the gentleman from our existing programs at world class ply want to take the time to also New York [Mr. BOEHLERT] and the level, along with joining the inter- thank the gentleman for the work that ranking Republican on the full com- national scientific community in de- he did. As the gentleman pointed out, mittee, the gentleman from Pennsylva- velopment of the large hadron collider there have been a series of, I think, nia [Mr. WALKER] for their assistance in Europe. misunderstandings about the intent of as we have structured those provisions August 19, 1994 CONGRESSIONAL RECORD-HOUSE 23299 relating to high energy and nuclear needs expressed by the high energy Mr. Chairman, this bill has many physics and brought those to the floor. physics community. positive features that I can readily sup- It is my pleasure this morning to rise The funding increase for fiscal years port. These include the following: The in strong support of H.R. 4908. 1996-98 would accommodate the com- provisions of title I, the Hydrogen Fu- Mr. Chairman, the bill could become pletion of upgrades at current DOE fa- ture Act of 1994, which makes certainly a landmark public law, since the multi- cilities, finance a U.S. contribution to an important contribution in helping billion-dollar Department of Energy CERN, and provide an adequate base realize the many benefits of hydrogen; R&D programs which are authorized by program of facilities operation and in- the provisions of title II, the Fusion this legislation have not been author- vestigator grant awards. Energy Research Act, in particular, ized in well over a decade. Second, the bill authorizes funding which seeks to boost research of alter- Indifference toward the stewardship for the Nuclear Science Program for 4 native fusion concepts; the provisions of these programs led, in part, to the years that is consistent with the fiscal of title III, the Department of Energy tragedy of the superconducting super year 1995 House- and Senate-approved High Energy and Nuclear Physics Au- collider [SSC]. Now and in the future, appropriation and that includes allow- thorization Act of 1994, about which we Congress must exercise more effective ances for inflation. This funding profile just heard, intended to reinvigorate the oversight and policy direction for DOE provides sufficient operating moneys Department's Energy Physics Pro- R&D activities to avoid similar prob- for current DOE nuclear science facili- gram, which is still struggling to re- lems and to strengthen meritorious ties and for the construction of the group after the cancellation of the programs. Relativistic Heavy Ion Collider at superconducting super collider; and fi- I would like to emphasize the impor- Brookhaven National Laboratory. nally, title IV, dealing with the Univer- tance of Title III, High Energy and Nu- The authorization levels for high en- sity Radiation Science and Tech- clear Physics, which was crafted and ergy and nuclear physics are modest nology, which has the potential to re- reported by the Subcommittee on when viewed against the enormous invigorate a long-neglected area of uni- Science. budgetary savings which will result versity-based education. There are three major reasons to in- from the cancellation of the SSC. In es- At the same time, however, I do have vigorate these programs through au- sence, the bill would allow the Depart- a number of concerns with the bill that thorizing legislation: ment of Energy to reinvest what I am not going to take time to elabo- First, the Federal Government delib- amounts to 1 percent of the price tag rate on here, but I will provide mate- erately underfunded the DOE's high en- for the SSC to sustain these physics rial for the RECORD, and I am hopeful ergy and nuclear physics base pro- programs and pursue new research op- that a number of these areas can be ad- grams for the past several years-to ac- portunities. dressed during today's floor consider- commodate the funding of the SSC. Third, the bill directs the Secretary ation. The base programs now deserve res- of Energy to negotiate with CERN re- There is one area, though, that I do toration. garding U.S. participation in the LHC want to center a little bit of my time Second, the next accelerator to be and to ensure that any agreement in- on. There has been some reference made in regard to the caps on spending built is the large hadron collider [LHC] cludes specific provisions to protect the U.S. investment. which pertains to the energy supply at CERN, the European Laboratory for R&D account. Particle Physics. U.S. scientists use A successful international experience I am certainly one who at CERN would enhance the prospects has been strongly in favor of caps on the CERN facilities presently and will spending as long as I can be assured undoubtedly use the LHC when it is for a post-2000 liner collider project in the United States that enjoys multi- that it is fair to all parties. I have constructed. The time has come for the some concerns and ambivalence here. United States to make a financial con- national participation. Fourth, the bill provides that no con- What we have in H.R. 4908 is an au- tribution to this international project, thorization of S3.302 billion for energy reflecting the value U.S. scientists now struction project valued at $100 million or higher may be undertaken without supply R&D for the years 1995 through receive and will receive in future years. 1998, and a statement that the author- U.S. commitment to this international express authorization. We want to en- sure, in the future, sufficient public ization therein set forth shall not ex- partnership will also establish the po- ceed the amount of S3.302 billion-in tential for construction in the United and congressional support before com- mitments are made to large accelera- other words, a cap. But then, out of the States of an advanced accelerator many important activities of the en- project after the turn of the century tor projects. If such a provision had been in place during the early consider- ergy supply R&D activities, which in- that will enjoy multinatnional partici- clude solar and renewable energy, elec- pation. ation of the SCC, either the project would have received adequate support tric energy systems, energy storage, Finally, the Department of Energy nuclear fission, hydrogen, fusion, bio- now prepares neither a comprehensive, to survive or would not have received preliminary funding. logical and environmental research, strategic plan-nor related budget pro- basic energy sciences, which is so vital jections-for its high energy and nu- Finally, the bill directs the Secretary of Energy, in consultation with the Di- to so many universities, environmental clear physics activities. The time has restoration programs, et cetera, only come to require that strategic planning rector of the National Science Founda- tion, to submit to Congress a long- hydrogen and fusion activities are is a matter of law. given specific authorizations. Hydrogen The bill before us is a proper response range plan every 3 years beginning with fiscal year 1997. activities are authorized for 1995 to these widely acknowledged needs. through 1998 and fusion activities for First, as a means of reinvigorating Industry, the administration, and the scientific community are united in 1995 through 1997. As long as that is so, the High Energy Physics Program in the "cap" only applies to those activi- the wake of SSC cancellation, it au- support of the goals of H.R. 4908. It is my pleasure to commend the measure ties within Energy Supply R&D which thorizes a modest increase of $50 mil- do not have a specific authorization. lion after inflation each year for fiscal to the House for its favorable consider- ation. That, Mr. Chairman, is not fair. years 1996 through 1998. After that 3- Why should the hydrogen and fusion year period, the bill discontinues the Q 1130 activities be given specific authoriza- $50 million annual addition to the pro- Mr. Chairman, I reserve the balance tions containing, by the way, some $245 gram and authorizes funding for the of my time. million of increases? Under these cir- program thereafter on the basis of cur- Mr. WALKER. Mr. Chairman, I yield cumstances, if the cap causes a short- rent expenditures plus inflation. This 7 minutes to the gentleman from Illi- fall of money in the Energy Supply level of funding was recommended by nois [Mr.FAWELL]. R&D activities, the only activities to the most recent advisory panel com- Mr. FAWELL. Mr. Chairman, I thank suffer will be those other than hydro- missioned by DOE and reflects the the gentleman for yielding time to me. gen and fusion. Hydrogen and fusion 23300 CONGRESSIONAL RECORD-HOUSE August 19, 1994 activities will be, in effect, sheltered TITLE I-HYDROGEN FUTURE ACT OF 1994 of recommended changes to this title- from the effects of the cap if appropri- Section 110(b) of title I include a 4- none of which have been included in ators were to be guided by these au- year cap-fiscal year 1995-1998-on au- the bill. thorizations. thorizations of $3,302,170,000 for the While the subcommittee received Nobody can really know, of course, DOE's energy supply research and de- conflicting and sometimes contradic- what the appropriators will ultimately velopment activities-which include tory testimony at the August 2 hear- do, but from the viewpoint of the au- solar and renewable energy, electric ing, I believe that four principal thorizing committee, under this type of energy systems and energy storage, nu- themes were expressed: authorization process we have an em- clear fission and fusion, biological and First, the DOE and the mainstream phasis in two basic areas that are im- environmental research, basic energy fusion community strongly support the portant, but with any shortfall caused sciences and environmental restoration TPX and ITER. However, DOE ac- by the cap falling on the rest of the En- programs-nearly $12.4 million below knowledged that in a flat budget sce- ergy Supply R&D projects. the level contained in the fiscal year nario, even building TPX was going to This is a concern that I wanted to ex- 1995 Energy and Water Conference Re- squeeze the program. port approved by the House last week Second, there was widespread ac- press. I think we should not use caps knowledgement of the need for ad- then try to shelter favored pro- on August 10. and vanced materials testing facilities, for, grams from the cap. I think if the leg- During the period this overall au- thorization cap is imposed on Energy I believe, it is universally acknowl- islation has an Achilles heel, this is it. eed that without the development of I hope that as things turn out, there Supply R&D, titles I and II of the bill add an additional $244.874 million for advanced materials, the mainline mag- will not be any undue burden put upon netic fusion concept, the tokamak, has the budgets of all these other activities hydrogen and fusion energy research- $90 million and $154.874 million, respec- limited potential of ever becoming an of energy supply R&D. That may, in- economic, environmentally safe power deed, be ultimately the case. tively-for the period fiscal year 1996- 1998. This results in increased budg- producer. 0 1150 Third, there was widespread support etary pressures in other energy supply for more research on alternative fusion I would close by commending cer- R&D accounts-amounting to $62.437 concepts, that is, on nontokamak mag- tainly the efforts of the Committee on million in fiscal year 1996, $132.437 mil- Science, Space, and Technology, its netic fusion concepts, inertial confine- lion in fiscal year 1997, and $50 million ment fusion energy concepts emphasiz- chairman, the gentleman from Califor- in fiscal year 1999-which could result nia [Mr. BROWN, the committee's rank- ing heavy ions as a driver, and more in additional across-the-board cuts of concepts, such as electrostatic ing Republican member, the gentleman fiscal year 1996, 4 exotic nearly 2 percent in concepts. from Pennsylvania [Mr. WALKER], the percent in fiscal year 1997, and 1.5 per- And fourth, Dr. Rebut said, in so En- chairman of the Subcommittee on cent in fiscal year 1998, and without many words, is that ITER is doomed to ergy, the gentlewoman from Tennessee any allowance for inflation. failure without significant changes to [Mrs. LLOYD], the chairman of the Sub- I have particular concerns about the its management structure. ITER is committee on Science, the gentleman impacts of this cap on DOE's basic en- being run by committees, with all deci- from Virginia [Mr. BOUCHER], and the ergy sciences [BES]and biological and sions requiring unanimity, and with a ranking Republican member, the gen- environmental research [BER] pro- Director with no real decisionmaking tleman from New York [Mr. BOEH- grams. authority and no budget. This is a rec- LERT], for all of their hard work on this The BES program annually supports ipe for guaranteed failure, and I was bill. 1,400 individual research projects at not comforted by DOE's recommended I know that there are many, many over 200 separate institutions-pri- changes to ITER, which include a new more fine points than the ones I have marily at universities and DOE labs- Director and a division of the former concern about, and I appreciate this with direct support for over 4,000 inves- Director's responsibilities among more opportunity having the time given to tigators and 2,300 graduate students. people. It sounds like the rearranging me. The BER program funds important of chairs on the deck of the Titanic. Mr. Chairman, this bill has many medical, life sciences, and environ- It is my opinion that the fusion title, positive features that I can readily sup- mental research, including global cli- title II, could be significantly improved port. These include the following: Pro- mate change, at DOE labs and univer- if it included the following: visions of title I-the Hydrogen Future sities. First, highlighting the importance Act of 1994-which make an important To me, this provision is the Achilles' and role of advanced materials and ad- contribution in helping us realize the heel of this bill. vanced materials testing facilities. The many benefits of hydrogen; provisions TITLE II-FUSION ENERGY RESEARCH PROGRAM title does briefly mention advanced of title II-fusion energy research-in On August 2, 1994, the day before the materials and facilities, but it does not particular, which seek to boost re- full committee markup, the Sub- sufficiently highlight their impor- search of alternative fusion concepts; committee on Energy received some 5 tance. And, in fact, the language in provisions of title III-the Department hours of testimony from 11 witnesses section 208(e) prohibiting the use of of Energy High Energy and Nuclear on this title, including representatives funds "for the design, engineering, or Physics Authorization Act of 1994-in- of the Department of Energy, DOE construction of any magnetic fusion fa- tended to reinvigorate the DOE's High labs, academia, environmental and tax- cility other than ITER, facilities relat- Energy Physics Program, which is still payer groups, and the former Director ed to ITER, and the tokamak physics struggling to regroup after the can- of the International Thermonuclear experiment" may well prohibit U.S. cellation of the superconducting super Experimental Reactor project [ITER], participation in the recently inaugu- collider; and title IV-dealing with uni- Dr. Paul-Henri Rebut, who gave a so- rated International Energy Agency's versity radiation science and tech- bering assessment of the ITER manage- International Fusion Materials Irradia- nology-which has the potential to re- ment difficulties. I believe that Dr. Re- tion Facility Conceptual Design Activ- invigorate a long-neglected area of uni- but's testimony should be carefully ity. versity-based education. studied by every Member, and I am at- Second, addressing the ITER man- At the same time, however, I do have taching a copy of it to this statement. agement problem. The title directs the a number of concerns with the bill that It was unfortunate that the commit- Secretary to enter into an ITER agree- I will not take time to elaborate here, tee did not have more time to absorb ment with international partners, but but will provide for the RECORD. And, I the vast quantity of information deliv- is silent on the preferred management am hopeful that a number of these can ered at that hearing. In particular, I structure. I believe that continued U.S. be addressed during today's floor con- want to note that the DOE witness's support of ITER should be made con- sideration. testimony included five detailed pages tingent on the establishment of: (First) August 19, 1994 CONGRESSIONAL RECORD-HOUSE 23301 ITER as a legal entity with its own collider [RHIC] at Brookhaven Na- The joint central team. which is respon- budget accountable to the inter- tional Laboratory. sible for design integration and the coordina- national partners; (second) a stream- However, the title is seriously flawed tion of R&D. is not a legal entity, nor is any lined, efficient management structure, because it does not cap expenditures significant sum of money directly allocated to it. In my view. reporting to a single individual, the for the three U.S. construction this structure is inad- projects-Tevatron Upgrade, B-Fac- equate to organize the project and bring ITER Director, who is empowered to ITER to the point where it can be con- make decisions; and (third) an over- tory, and RHIC-and actually author- structed. sight body, such as the ITER Council, izes funding of the construction and op- The representatives of the parties of the which includes individuals with knowl- eration of the LHC, without further ITER Council include mainly the fusion pro- edge of building large scientific and en- congressional action, upon certifi- gram leaders and representatives of the gineering projects and representatives cation by the Secretary of Energy that party at a nontechnical level, and appear to from outside the fusion community. there is a satisfactory international be more interested in the consensus of the Failure to correct, and correct quickly, agreement. parties, resulting in decisions based on the DOE currently estimates the total lowest common denominator. and to be more ITER's basic management flaws, will concerned with the work awarded to each project cost [TPC] of the Tevatron Up- doom the project to failure. home team than by the success of the engi- Third, clarifying what is meant by grade to be $259.3 million, with an addi- neering design activity. alternative fusion concepts and provid- tional $146.95 million required in fiscal The ITER Council is mainly interested in ing an adequate level of support for year 1996-98; the TPC of the B-Factory political and bureaucratic issues and does those concepts. The title limits alter- at $293.2 million, with an additional not have sufficient comprehension of the re- native concepts to only nontoroidal $168 million required in fiscal year quirements of such a large project in terms magnetic fusion concepts, including 1996-98; and the TPC of RHIC at $595.25 of organization and technical and scientific million, with an additional $260.436 mil- challenges. The structure of ITER must be heavy ion inertial fusion, aneutronic improved lion required in fiscal year 1996-99. The and progress towards a "project fusion, and electrostatic fusion. This oriented" structure if it is to succeed. Sev- excludes from consideration what most cost of a U.S. share of the LHC is, of eral recommended improvements are dis- of the fusion community also perceives course, unknown at the present time. cussed in the attached document, "Evolution to be alternative concepts-namely, all The failure of this title to cap the costs of the International Thermonuclear Experi- nontokamak fusion concepts, some of of the Tevatron Upgrade, the B-Fac- ment Reactor Engineering Design Activi- which are toroidal, for example, the tory, and the RHIC, as well as the un- ties," presented to the sixth meeting of the stellarator, reversed-field pinch, known costs of the LHC means that we ITER Council July 27-28. 1994, written by Paul-Henri Rebut. ITER Director. 20 July spheromak, etc. Furthermore, the por- could be facing a situation where cost overruns on one or more of these 1994). tion of the budget to be devoted to al- With such improvements. projects would result in the diversion I am confident ternatives is only about 7 percent, and that the engineering design activity will be the bill almost totally earmarks this 7 of facility operating funding, and re- successful and that ITER will demonstrate percent set-aside for heavy ion fusion. quire existing facilities to stand idle, the reality of fusion as a source of energy. This means that all alternatives other clearly an unsatisfactory situation. I also consider that national experiments than heavy ion fusion are likely to end A more prudent course would be to like TPX are vital to the support of ITER. cap up with even less support than before. the costs of the Tevatron Upgrade, B-Factory, EVOLUTION OF THE INTERNATIONAL THERMO- I believe that a set-aside of the order of and RHIC at the current NUCLEAR EXPERIMENTAL REACTOR ENGI- 10 percent or greater is more in line DOE estimates, and to not authorize or operation funding for NEERING DESIGN ACTIVITIES with the recommendations of broad construction the LIIC until we know what the price BACKGROUND segment of the fusion community, and tag will be, and what the impact of the Until recently, thermonuclear fusion re- is a level that should allow heavy ion LHC's cost will be on the operation of search has been defined as fundamental re- fusion to proceed and other alter- these new and other existing facilities. search with the objective of demonstrating natives to be addressed. Otherwise, we may once again find our- the scientific feasibility of fusion. Steady TITLE III-DOE HIGH ENERGY AND NUCLEAR selves in the situation of devoting all progress towards this objective has been PHYSICS AUTIIORIZATION ACT OF 199-1 achieved culminating with the deuterium- our scarce research dollars to building Title III of the bill, the Department tritium (DT) experiment at JET in Europe facilities that we cannot afford to oper- of Energy High Energy and Nuclear and lately at TFTR at Princeton. ate. Physics Authorization Act of 1994, has The time has come to progress towards STATEMENT OF PAUL-HENRI REBUT. FORMER noble purposes in that it attempts to demonstrating fusion as an energy source. DIRECTOR, INTERNATIONAL THERMONUCLEAR This requires focusing on construction of an reinvigorate the DOE's High Energy EXPERIMENTA\. REACTOR [ITER]. SAN DIEGO experimental machine for the purpose of Physics Program following the loss of JOINT WORK SITE. LA JOLLA, CA demonstrating fusion reactor operation, i.e., the superconducting super collider. It I consider fusion a major source of energy controlled ignition and the extended burn of provides the administration's fiscal because of the quality of fusion fuel avail- DT plasmas. The machine developed during year 1995 request, plus an annual infla- able and due to fusion's low impact on the the ITER Project will be comparable in size tionary allowance of 3.5 percent annu- environment. and performance to a demonstration reactor, ally for 4 fiscal years, fiscal year 1996- Fusion must, certainly play a major role which is the first step in the commercializa- with other sources of energy in the future. power. It must produce a ther- 99. It also provides an additional $50 tion of fusion The most advanced results in fusion have mal power in excess of 2 GW for a prelimi- million per year for the 3 fiscal years, been provided by tokamak reactors. Recent nary construction cost estimated at S8B. fiscal year 1996-98. Finally, it author- DT experiments, first at JET and then at The size, tile cost. and the advanced tech- izes construction of the Tevatron up- TFTR, have shown that thermonuclear plas- nologies involved in such a project are be- grade at the Fermi National Accelera- ma can be controlled. yond the present capabilities of the fusion tor Laboratory, the construction of the These successful results demonstrate that community at large. the construction of an experimental reactor B-factory at the Stanford Linear Ac- Succeeding in this endeavor requires an or- based on the tokamak concept is possible. celerator Center, and preliminary re- ganization allowing direct participation of ITER is such an experimental reactor. the scientific fusion community as well as search, development, and planning for With ITER, we are at a turning point be- industries and organizations experienced in the large hadron collider [IHC]at the tween plasma research and the reactor. To construction of large and advanced engineer- CERN laboratory in Europe. make the transition, a change in the way of ing projects. working in the field of fusion is required. The bill also provides a 4-year au- THE ITER AGREEMENT thorization for DOE's Nuclear Physics The four parties, the U.S.. EC, Japan, and Russian federation, have decided to join The ITER EDA Agreement signed in July Program, including adjustments for in- the together for the engineering design activity 1992 by the European Atomic Energy Com- flation and the termination of Los Ala- of ITER and to create four home teams and munity, the Government of Japan. the Gov- mos Meson Physics Facility by fiscal a joint central team. governed by the ITER ernment of the Russian Federation. and the year 1997, and authorizes the construc- Council which operates with the rule of una- Government of the United States of Amer- tion of the relativistic heavy ion nimity. ica, resulted from a political determination 23302 CONGRESSIONAL RECORD-HOUSE August 19, 1994 to see the demonstration of fusion as "a po- Unanimity must be limited to strategic de- The fact that the JCT personnel are em- tential source of energy for the benefit of all cisions and not be used to serve each Party's ployed by their own Party, not the Project, humankind." This international agreement domestic fusion interests. The Parties' view has made the EDA phase difficult to manage. is unprecedented in science and dem- must also incorporate views from outside the By the end of Protocol 1 only half of the onstrates the confidence and hope placed in fusion community. In practice, those views planned resources had been used to achieve fusion as a source of economical and environ- would be best presented if representatives the Outline Design. For this first phase, the mentally benign energy. from outside the fusion community were to Parties agreed to provide -150 professionals However, cooperation in ITER is limited sit on the ITER Council. at the three JWSs. As of 1 June 1994, the JCT by the terms of the present Agreement. The Managerial, scientific and technical as- was understaffed by -40 professionals. Parties signatory to the Agreement operate pects of the project have generally not been The Parties must meet their staffing com- under the principle of equality and unanim- discussed in the Council and the wishes of mitments to ITER if the Project is to fulfil ity. These principles lead to management at the TAC and MAC have been directly im- the EDA objectives. the minimum common position. Further- posed on the Joint Central Team. Associated with delays in recruiting per- more, the ITER EDA Agreement does not TAC members are nominated ad personam, sonnel is the lack of support staff, which is provide for any financial exchanges among but by the Parties. The representation at a serious problem. At the second ITER Coun- Parties, and each Party retains the control TAC is too focused on points of physics and cil, the Project projected that the design ef- of its resources and spending. not enough on engineering and system inte- fort of -1500 CAD staff years split between The ITER Project is financed from each gration. Furthermore, the absence of a true the JCT and the Home Teams would be nec- Party's fusion program budget; therefore. project structure tends to favor nationalistic essary. The present level of designers (i.e., 7 the existing fusion laboratories see their own objectives of the TAC members and not the to 8 at each JWS) makes the objective of the budget being reduced. Consequently, ITER is peer review process that the nomination ad EDA impossible to reach. perceived as disrupting the balance of the personam members was intended to achieve. No support staff is provided in the JCT for overall fusion community. Even though the Members of TAC should have direct experi- management systems maintenance and con- fusion community may support ITER, it is ence in the construction and/or the exploi- trol. Professionals are responsible for these natural that some resistance appears at the tation of large fusion projects. burdens in addition to their normal duties. A fusion program level. MAC advises the ITER Council on manage- total of 20 support staff should be provided This resistance is visible in the terms of ment issues including R&D managment; the for this work. the ITER Agreement for the Engineering De- MAC members are representatives of the No support has been provided for the ad- sign Phase. The project is not a legal entity Parties. The four Home Team Leaders are ministrative tasks of the Project, nor have and is not provided with its own independent representatives of the Parties' fusion pro- support personnel been provided for Quality human and financial resources that are nec- gram devoted to ITER as well as members of Assurance and the integration of the R&D essary to conduct the design as well as the MAC. In addition, the Home Team Leaders program. research and development (R&D) for a are responsible to the ITER Director for the Possible ways to improve these staffing project of this magnitude. execution of ITER R&D Tasks. This dual po- conditions include: (1)providing 1 to 1 direct The challenge for ITER is to put in place a sition of "judge and judged" leads to poten- support per JCT professional; (ii) to provide proper project structure. This structure tial conflicts of interest. an estimated budget of 825M per year to the must have a defined legal status and a budg- The Home Team Leaders should be respon- Project, through the Joint Fund, to hire the et for which the ITER Project would be ac- sible to the Director and not members of additional support personnel required with countable to the Parties. The ITER Council MAC. which judges the JCT work. Home the necessary computer hardware and soft- should also enlarge its competence by in- Team Leaders should sit together with the ware. individuals with knowledge of build- cluding Joint Central Team at MAC meetings. THE CONCEPTUAL DESIGN ACTIVITIES (CDA) HER- ing large scientific and engineering projects. THE ITER JOINT CENTRAL TEAM ORGANIZATION ITAGE AND SPECIAL WORKING GROUP #1 (SWGI) STATUS OF THE ITER EDA PROJECT AND STAFFING The ITER CDA Final Report as well as the The 1TER Project has fulfilled the initial The Parties asked to make the best use of progress of the research and development in Agreement by produc- objective of the EDA the resources of the Joint Central Team and controlled thermonuclear fusion served as an outline design satisfying the detailed ing the Home Teams, but were unable to provide the basis for beginning the EDA. technical and cost objectives. This outline single site for the Joint Central Team. The ITER CDA Design was the sum of dif- attachment to the Pro- a design, a supporting The overall ITER organization is made too ferent conceptual studies and did not con- 2, has also included the development of tocol complex because the Joint Central Team is stitute a coherent project. This prompted a coherent plan of the main R&D activities Work Sites the establishment of the Special Working validate the design. spread over the three Joint needed to support and intrinsic com- Group 1 to define the detailed technical ob- The Joint Central Team (JCT), established (JWS). For a project of such miti- jectives of ITER. as a working body, is geographically distrib- plexity as ITER, these arrangements more detailed study of the CDA Final uted over three Joint Work Sites (JWSs) in gate against integrating the development of A as well as Report did not provide convincing solutions Garching, Germany; Naka, Japan; and San conceptual and engineering design, in the most difficult areas, for example, the California. The JCT has succeeded in building an independent team. Diego, elements facing the plasma. The overall cost meeting the first major milestone of the In practice, each JWS develops its own underestimated the cost project schedule with the ITER Outline De- identity at the expense of the project. This of $4.9B (1989 value) dif- of superconductor magnets by a factor of 1.6 sign. leads to duplication of work, increased Some serious structural difficulties have ficulty integrating the design, a narrow which in practice brings the CDA cost emerged. Primarily, there is the need for the focus on specific systems, and a fragmenta- around $5.6B (89). Parties to recognize that the main role of tion of the project management. Therefore, the EDA was started on the un- ITER is to be a fundamental step towards Centrifugal forces are also at work when derstanding that the Project would continue achieving fusion. The Parties' fusion pro- considering the pressure exerted by the Par- the activities initiated during the CDA. But grams must support ITER rather than ITER ties on the definition and coordination of the the incorporation of the Detailed Technical being designed to justify their diverse pro- R&D programs conducted over three con- Objectives and the focus on a single inte- grams. tinents. grated design resulted in a redefinition of The demonstration of thermonuclear fu- With the three sites decision, it was recog- the machine. sion as a viable source of energy will be ques- nized that the authority of the Director had THE ITER EDA DESIGN tionable until this community provides to be increased-this has not been done. It is fundamental to realize that the design To remedy these difficulties, the Parties ITER with the necessary resources in man- requirements for an experiment of such nov- the Joint power and funds to achieve the EDA objec- must consider bringing together elty and technical challenge result from an This arrangement tives. Central Team at one site. iterative process and cannot be defined a the ITER JCT into a single THE COUNCIL AND ITS ADVISORY BODIES: TECH- would integrate priori. The definition of the requirements for NICAL ADVISORY COMMITTEE (TAC)AND MAN- Team and facilitate an agreed upon single each element or subsystem of the machine management approach. In addition, more di- AGEMENT ADVISORY COMMITTEE (MAC) and its auxiliaries represents at least a rect authority must be given to the director. The principle of unanimity is common major part of the work. This work is taking among international organizations but has THE JCT STAFF AND SUPPORT STAFF place essentially within the Joint Central been applied differently in each case. Flexi- The majority of the ITER staff originates Team and through interactions with the bility in applying this principle is needed to from fusion laboratories and universities, House Teams. allow the Council to adapt to evolving cir- while most ITER personnel have not worked To that end, the outline design presented cumstances, to protect the interest of the on large projects. To form an effective team to the ITER Council fulfils the detailed ob- project and to maintain a broad view of fu- with the ITER personnel requires time and jectives for a cost of ($5.6B (89) equivalent to sion research. effort. the CDA costing. August 19,1994 CONGRESSIONAL RECORD-HOUSE 23303 The general choice of the proposed param- Mr. WALKER. Mr. Chairman, will course, the restrictions placed upon us, eters results from engineering and physics the gentleman yield? as the gentleman from Virginia [Mr. constraints. The overall machine (dimen- Mr. FAWELL. I yield to the gen- BOUCHER] pointed out, by the Budget sions, magnetic field, shielding) is at the tleman from Pennsylvania. minimum size when realistic operating con- Act of 2 years ago, and similarly by the ditions are taken into account. This includes Mr. WALKER. Mr. Chairman, I thank President's budget which sets its own the presence of helium ash, impurities, di- the gentleman for the hard work he has caps, by the House and Senate resolu- vertor, pumping, etc., as well as the require- put in on this bill and for his articula- tions which set caps. It is a little dif- ment to work inside the maximum operating tion of a number of the issues that ficult to analyze the impact of this limits to avoid instabilities and disruptions arose during this time. I understand combination of different sorts of caps that are observed in operating tokamaks. completely his concerns about the cap, applied to different kinds of situations. The cost of the machine depends strongly and I know that that is a concern to Now, the additional point that I wish on the quality of the design. Equally, con- the gentleman, because obviously he to make is that this problem is even struction costs depend upon future agree- ment between the Parties on the nature of has a deep interest in some of the more complicated by the lack of ade- the procurement process. things that are involved in those other quate authorization for the full scope The present design is already optimized programs. of programs within the civilian R&D and little or no cost saving can be expected As the gentleman well knows, how- activities of the Department of Energy. by adopting changes to the machine while ever, the effort here was aimed at in- We have pointed this out in the pack- still maintaining the Detailed Technical Ob- suring the prioritization of programs age. We have tried to point out some of jective. along the lines of the committee, and the reasons for it. THE R&D ISSUE it is not the intent of the committee This area of the Department of En- In the initial period of Protocol 1. with the that this will undermine or destroy ergy, civilian research and develop- absence of a design and with the limitation other programs. We simply want the ment, represents one of the largest of staff,a comprehensive ITER R&D program department to refocus on that. areas which consistently over the years could not be defined. This has caused friction I think maybe it might be well if I, has not had an authorization. We have between the JCT and the Home Teams and hopefully along with the chairman of seen the impacts of this on such things led to the development of procedures. '93 Emergency Task Agreements, to slowly mod- the committee, could do a letter to as the superconducting super collider, ify the R&D efforts of each party, and limit DOE explaining the intent of the caps and we are now beginning to under- the duplication of tasks. is that, and is not aimed at in any way stand as we move forward with other Nevertheless, of the $750M (1989) of the undermining other valuable efforts potentially very large programs, such technical R&D budget, $200M were commit- that are underway. This might help al- as the construction of a fusion power ted as of January 1994 and another $100M has leviate some of the concerns the gen- plant, that that lack of an adequate been defined. tleman has expressed. authorization may lead to the same The focused R&D program which is needed I think to some extent there has been kinds of difficulties that faced us on for ITER will be achieved only if a minimum of 20% of the R&D budget is put directly at a misunderstanding within some of the the superconducting super collider. We the disposal of the ITER project (-$25M/yr.). scientific community about the nature want to avoid that. This will also allow the financing of the R&D of the caps, because actually the caps Another problem that arises out of that no Party is willing to undertake with- are well above any kind of anticipated this lack of authorization is the tend- out external payment as a part of their na- appropriation levels. So it is simply an ency of our friends in the appropria- tional program. ensuring that there is some flexibility tions committees in both the House CONCLUSIONS within the appropriations process for and the Senate to look upon this as The outline design proposed in time for the all of the programs included under the kind of a little piggy bank which they signature of Protocol 2 represents a major accounts. can reach into, since there is no au- achievement of the Joint Central Team and Mr. FAWELL. Mr. Chairman, I thank thorized legislation on it, for those the Home Teams. It establishes the basis for the gentleman for his comments. I things that seem important to them. a successful ITER Project. guess perhaps what we ought to be This can include all sorts of wonderful Only one reactor of the ITER class is planned to be built in the world. A true thinking about is having authoriza- things, which we are well aware of: fi- international collaboration must permit an tions fully covering all of the activities nancing of projects in the districts of increase of the technical margins required of the Energy Supply R&D account, members of the Committee on Appro- for the reactor as well as provide savings for rather than just one or two. This is priations, or friends of members of the each Party. This can be achieved by sharing when we fall into a problem, when we Committee on Appropriations, which the construction and R&D costs and avoiding have a cap upon the whole account. really do not directly relate to the duplications of effort at the world fusion Mr. WALKER. If the gentleman will functions of the Department of Energy. community level. yield further, I think the gentleman is Now, I do not want to get involved in A slight increase in machine size would absolutely right, and I think the chair- a long discussion of earmarks at this provide a higher degree of confidence that this machine will fulfil its technical objec- man would agree with me what we point, but I do want to indicate that tives. would prefer to have is all of these pro- what we are doing here is a part of the The project will only reach a state where it grams fully authorized and get it efforts that our committee has been could be financed for construction if the Par- through the entire process so the whole making for a number of years to follow ties improve the EDA structure and provide range of energy programs are operating orderly process in the Congress of the the proper resources and environment to ful- under priorities established by the au- United States, to authorize where au- fil the EDA tasks. thorizing committees in the Congress. thorizations were necessary, to try and I would close by commending the ef- Mr. BROWN of California. Mr. Chair- avoid undue use of earmarks for fund- forts of the chairman of the Science, man, I yield myself 4minutes. ing scientific research programs and Space, and Technology Committee, Mr. Mr. Chairman, this preceding dia- facilities. This bill moves us a long way BROWN, the committee's ranking Re- logue has well illustrated the nature of forward and is important for that rea- publican member, Mr. WALKER, the the divisions that we had within the son alone, aside from the content of chairman of the Energy Subcommittee, committee with regard to the cap the bill. Mrs. LLOYD, the chairman of the issue. On each side of the aisle, there We are at a circumstance in which we Science Subcommittee, Mr. BOUCHER, are those who support and those who seem to have, and I applaud our col- and the Science Subcommittee's rank- do not support the idea of caps. In this leagues in the other body, we seem to ing Republican member, Mr. BOEHLERT, particular situation, on this legisla- have a movement on the part of the for all their hard work on this bill. I tion, it is more complex than normal, Senate to recognize the importance of look forward to the debate and to sup- because we have some capped programs moving toward a fully authorized civil- porting efforts to improving the bill's and some uncapped programs within ian research and development program provisions. the same area, and we also have, of in the Department of Energy. 23304 CONGRESSIONAL RECORD-HOUSE August 19,1994 Mr. WALKER. Will the gentleman gram. TPX is a unique facility among Mr. ROEMER. Mr. Chairman, I rise in strong yield? international fusion programs. It will support of the measure before us today, and Mr. BROWN of California. I yield to enable U.S. industry to gain experience wish to communicate my great respect for the gentleman from Pennsylvania. in the design and fabrication of fusion Chairman BROWN and Chairman LLOYD for Mr. WALKER. Mr. Chairman, I rise components for the first time in over a their hard work in crafting this legislation. to commend you for those remarks, decade, a period during which our ITER Fusion is a critical and necessary compo- and also for the leadership you provide partners have been building new de- nent of the world's future energy supply, and in that way. I know the use of that or- vices and major upgrades to facilities. this Nation must not surrender our lead in this derly process has meant that we can The United States has already made scientific field as we did in particle physics also use an orderly process within the significant contributions to the when we killed the supercollider. House that allows us to come to the tokamak and the global efforts to de- Mr. Chairman, the world petroleum supply floor today under a open rule and con- velop fusion energy. It is the path to may expire in as little as 60 years. Where will sider these matters under the regular commercialization and the right choice the world energy supply come from then? How order within the House of Representa- for our country. will our children and grandchildren continue to tives as well. Hopefully this is the kind I urge my colleagues to vote for H.R. maintain our quality of life? of pattern that we would see rep- 4908, and oppose any amendments to The world is growing and maturing. But in licated, because I think your leadership cap spending on energy supply and gen- order for our quality and standards of living to has allowed us to, within the commit- eral science research and development continue, our levels of energy production must tee, set some standards, but also then [R&D]programs at the Department of continue to grow. In order for Third World bring bills to the floor that also meet Energy. countries to evolve, they must have a number the standard rules of process here. 0 1150 of things: modern medicine, improved trans- Really that is the way we ought to be portation, and simple things that they do not proceeding with a lot of the legislation Mr. WALKER. Mr. Chairman, I have now have, such as clean water. You can have in the House. no further requests for time on my none of these things, but even pure drinking Mr. BROWN of California. Mr. Chair- side, and I yield back the balance of my water, without energy. man, I yield 3 minutes to the distin- time. And in order to have that energy supply for guished gentleman from New Jersey Mr. BROWN of California. Mr. Chair- much of the world, we need a plentiful, inex- [Mr. HUGHES]. man, I yield myself such time as I may pensive source. Fusion seems to be the an- Mr. HUGHES. Mr. Chairman, I rise consume. swer. With commercialization just a few dec- today in strong support of H.R. 4908, I would like to elaborate on some of ades away, this scientific investment in our fu- the hydrogen and fusion research and the remarks made by the gentleman ture is one of the most critical efforts we can development authorization bill. from New Jersey having to do with conduct for future generations. Fusion fuel is The world will need increased energy TPX. as plentiful as seawater, and fusion reactors supplies for central station electricity I think all of us understand, and this will be safe and productive. by the year 2050. It is essential that bill fully lays out a path for the future Japan, Europe, and the Russians are these sources have favorable environ- of the development of fusion energy in poised to seize the lead in fusion from this mental and safety features as well as this country, which is currently the country. Fusion is quality science, and its po- an abundant fuel supply. The diminish- subject of probably the most extensive tential is something we must not abandon. ing supply of fossil fuels, currently pro- international cooperation in science Otherwise, in just a few decades, we will be viding the main energy source for the that we have, the so-called ITER purchasing our electricity from abroad. Nation, are polluting our environment. project, which involves scientists from We must invest in those steps that will take In order to meet the demand without the United States, from Europe, from us to commercial fusion energy production. environmental degradation, nonfossil Japan, and from Russia. The administration strongly supports the fusion energy technologies must be developed. Teams from each of these countries program and the international thermonuclear We must establish fundamental knowl- are currently in the final stages of de- energy reactor, or ITER, which is based on edge in developing energy sources and veloping the engineering design for the the tokamak concept. In order to produce the to institute the scientific and techno- first prototype power plant, using fu- ITER, we must continue work on the tokamak logical base required for achieving hy- sion energy, which should be under physics experiment, or TPX, at Princeton Uni- drogen and fusion energy. construction within the next 4 or 5 versity. H.R. 4908 would provide for the devel- years and be completed, perhaps, by The TPX will be an advanced fusion reactor opment and demonstration of the proc- 2005. that will be the first major fusion machine to esses needed to produce, store, trans- During that rather lengthy period of operate continuously. For this country to main- port and utilize hydrogen and to foster time, 10 years or more, we need to con- tain its global position in the fusion market, the industry participation in all aspects of tinue with the research necessary to tokamak physics experiment must continue. the current Federal program. Passage improve the processes of fusion energy. Fusion is the same process that powers our of this bill would guarantee funding for This is the purpose of the program Sun and the stars. One out of every 6,500 research and development of this much which the gentleman from New Jersey atoms of hydrogen in ordinary water is the fu- needed energy technology. This bill referred to, the TPX, which will allow sion fuel deuterium, also called heavy hydro- would also provide program direction the fusion scientists and that commu- gen, giving each gallon of water the energy for the Department of Energy's Fusion nity of scientists to continue to work content of 300 gallons of gasoline. Energy Research Program. The initia- on the improvements in the fusion Mr. Chairman, this makes the fusion fuel tive would see that alternative fusion process itself that will finally lead to supply virtually inexhaustible. Fusion produces concepts receive adequate funding and improvements in the design beyond the no high-level radioactive waste, and will even- would accelerate the U.S. commitment first prototype power plant to the fully tually cost about the same as modern-day to participation in ITER and work on commercial power plants which will be electricity. Commercial application is expected helping to select a sight for the begin to construct and deploy in the in less than 30 years: the petroleum supply is project. years probably after 2010. expected to run out in less than 60 years. The development of fusion energy All of these things come together in Because the Department of Energy esti- will help the Nation's energy security a comprehensive, long-term program, mates that world energy needs will be about and enable the U.S. to supply a prac- of which the TPX is an absolutely es- four times the current demand in the year tical energy technology to markets sential ingredient. I thank the gen- 2050, we must begin building now for those around the world. TPX, the facility at tleman from New Jersey for bringing huge future energy needs. the Princeton Plasma Physics Labora- that up. This legislation is a strong step forward in tory, has been identified as the next Mr. Chairman, I yield back the bal- that direction, and I am pleased to support it major step in the National Fusion Pro- ance of my time. here today. August 19, 1994 CONGRESSIONAL RECORD-HOUSE 23305 Mr. FAZIO. Mr. Chairman, I rise in strong SECTION 1.SHORT TITLE. compact and efficient magnetic fusion reac- support of H.R. 4908, the Hydrogen, Fusion, This Act may be cited as the "Hydrogen, tor design. and High Energy and Nuclear Physics Re- Fusion, and High Energy and Nuclear Phys- The CHAIRMAN. Are there any search Act of 1994. I want to congratulate ics Research Act of 1994". amendments to section 3. Chairman BROWN, the committee, and the The CHAIRMAN. Are there any If not, the Clerk will designate title subcommittee members for bringing to the amendments to section 1? I. floor an excellent bill. If not, the Clerk will designate sec- The text of title I is as follows: Mr. Chairman, by the year 2050, the world tion 2. The text of section 2 is as fol- TITLE I-HYDROGEN ENERGY RESEARCH will need to supply between two and three lows: PROGRAM times as much energy as is presently pro- SEC. 2. GENERAL FINDINGS. SEC. 101.SHORT TITLE. duced to meet minimum requirements for The Congress finds that- This title may be cited as the "Hydrogen food, shelter, transportation, and economic se- (1) by the year 2050, the world will need to Future Act of 1994". supply between 2 and 3 times as much energy SEC. 102. FINDINGS. curity. Meeting the increased energy demands as is presently produced to meet minimum The Congress finds that- of the year 2050 cannot be achieved without requirements for food, shelter, transpor- (1) fossil fuels, the main energy source of substantial environmental degradation unless tation, and economic security; the present, have provided this country with there is a massive shift from dependence on (2) meeting the increased energy demands tremendous supply but are limited and pol- fossil fuels which today provide more than of the year 2050 cannot be achieved without luting, and their production and utilization three-quarters of all energy supply. Fossil substantial environmental degradation un- technologies are mature; fuels, the main energy source of the present, less there is a massive shift from dependence (2) the basic scientific fundamentals are have provided this country with tremendous on fossil fuels which today provide more needed for private sector investment and de- than three-quarters of all energy supply; velopment of new and better energy sources supply but are limited and polluting. (3) a wide variety of nonfossil fuel energy and enabling technologies; Hydrogen is one solution to our long-term technologies must be developed to meet the (3) hydrogen holds tremendous promise as energy needs. Hydrogen holds tremendous expected demand of the year 2050; a new and better energy source because it se- promise as a new and better energy source (4) the Federal Government has a respon- cures a practically infinite supply from because it secures a practically infinite supply sibility to fund research in energy tech- water and combusts purely to water; from water and combusts purely to water. This nologies to help meet future expected energy (4) hydrogen production efficiency is a bill provides for the development and dem- demand where the technical or economic major technical barrier to society collec- onstration risks of development are too high, or the de- tively benefitting from one of the great en- of the processes and technologies velopment time is too long, to be borne sole- ergy sources of the future; needed to produce, store, transport, and utilize ly by the private sector, or where the bene- (5) an aggressive, results-oriented, hydrogen for transportation, industrial, residen- fits accrue to all and cannot be recouped by multiyear research initiative on efficient hy- tial, and utility applications. a private investor; and drogen fuel production and use should con- Fusion energy is one of the nonfossil fuel (5) despite the urgent need to develop a tinue; and technologies which could potentially provide wide variety of nonfossil energy tech- (6) the current Federal effort to develop safe, abundant, environmentally sound, se- nologies, the Federal Government's invest- hydrogen as a fuel is inadequate. ment in all energy supply research and de- SEC. 103. PURPOSES. cure, and affordable energy supplies in the fu- velopment (including fossil fuels) has de- ture. This bill provides direction for a broadly The purposes of this title are- clined in real terms by more than two-thirds (1) to provide for the development and based fusion energy research, development, in the last 14 years. demonstration of the processes and tech- and demonstration program. It also ensures The CHAIRMAN. Are there amend- nologies needed to produce, store, transport. that alternative fusion concepts receive ade- ments to section 2? and utilize hydrogen for transportation, in- quate funding and management attention from If not, the Clerk will designate sec- dustrial, residential, and utility applica- the Department of Energy. tions; and tion 3. The text of section 3 is as fol- (2) to foster industry participation during National and international energy experts lows: agree that high energy physics is important to each stage of the Department of Energy hy- SEC.3. DEFINITIONS. drogen research, development, and dem- our efforts to understand the nuclear and sub- For purposes of this Act- onstration program to ensure that tech- nuclear building blocks of energy and matter. (1) the term "alternative fusion concepts" nology transfer to the private sector occurs Nationally, we have a whole generation of means any concepts for the production of en- to develop viable, marketable products. young scientists that are threatened with the ergy based on the fusing of atomic nuclei SEC. 104.RESEARCH, DEVELOPMENT, AND DEM- prospect of not being able to find work in their other than toriodal magnetic fusion con- ONSTRATION. chosen profession. cepts, including heavy ion inertial fusion. (a) PROGRAM GOAL.-The goal of the pro- This year, the Energy and Water Develop- aneutronic fusion, and electrostatic fusion; gram described in this section is the dem- ment Subcommittee made a difficult decision (2) the term "demonstration" means a onstration, by the year 2000, of the prac- demonstration to determine technological ticability of utilizing hydrogen for transpor- to put more money into high energy physics to and economic feasibility; tation, industrial, residential and utility ap- partly restore the operating time young physi- (3) the term "Department" means the De- plications on a broad scale. cists need to conduct their experiments. This partment of Energy; (b) PRODUCTION.-The Secretary shall sup- bill sends a message to the scientific commu- (4) the term "Fusion Energy Research Pro- port hydrogen energy production research. nity that the Federal Government will not re- gram" means the program described in sec- development, and demonstration in the fol- nege on its investment in scientific research. tion 203; lowing areas, including funding for at least 1 (5) the term "host country" means the technical demonstration in each such area: Mr. Chairman, advanced technologies such country selected by the international part- (1) Photoconversion. as fusion, geothermal, wind, and solar energy ners as the site for the ITER facility; (2)Bioconversion. should all be part of a federally funded effort (6) the term "international partners" (3) Electrolysis of water. to rid our Nation of its dependence on foreign means the United States, the European (c) STORAGE.-The Secretary shall support oil. Our national security demands no less. I Atomic Energy Community, Japan. and the research, development, and demonstration of urge an "aye" vote. Russian Federation; safe and economical storage of hydrogen. The CHAIRMAN. All time for general (7) the term "ITER" means the Inter- both for onboard vehicle and stationary use. national Thermonuclear Experimental Reac- Such research, development, and demonstra- debate has expired. tor; tion should be aimed at improving existing Pursuant to the rule, the bill is con- (8) the term "magnetic fusion" means fu- methods and developing new approaches in sidered under the 5-minute rule by sion based on toroidal confinement concepts; each of the following areas, including fund- title. Each title is considered as read. (9) the term "Secretary" means the Sec- ing for at least 1 technical demonstration in The Clerk will designate section 1. retary of Energy; and each such area: The text of section 1 is as follows: (10) the term "Tokamak Physics Experi- (1)Hydrides and porous materials. ment" means a facility to replace the (2) Liquefaction and cryogenics. H.R. 41908 Tokamak Fusion Test Reactor which is de- (3) Compressed gas, especially low-tem- Be it enacted by the Senate and House of Rep- signed to be capable of conducting experi- perature dense gas. resentatives of the United States of America in ments on reactions with a pulse length of at (4) Advanced methods, such as iron oxide. Congressassembled, least 15 minutes and demonstrating a more microspheres. and phase change materials. 23306 CONGRESSIONAL RECORD-HOUSE August 19, 1994 (d) USE.-The Secretary shall support hy- a detailed report on the status and progress One of the bad raps, when it came drogen energy research, development, and of the Department of Energy's hydrogen re- down, and Members started falling on demonstration for each of the following uses, search, development, and demonstration pro- their swords around here, was that the including funding for at least 1 technical grams. Such report shall include an analysis foreign participation demonstration in each such area: of the effectiveness of such programs, to be that was boasted (1) Fuel cell systems for stationary appli- prepared and submitted by the Hydrogen about in the construct of the bill never cations. Technical Advisory Panel established under came about when the dollars were sup- (2) Fuel cell systems for mobile applica- section 108 of the Spark M. Matsunaga Hy- ported to be commingled with Amer- tions. drogen Research, Development, and Dem- ican taxpayers, dollars. (3) Electricity generation using hydrogen onstration Act of 1990. Such Panel shall also My amendment simply says in any as a fuel source for utility and industrial ap- make recommendations for improvements to reporting apparatus subject to this bill, plications. such programs if needed, including rec- as it relates to foreign participation, (4)Heating and cooling using hydrogen. ommendations for additional legislation. (e) TRANSPORTATION.-The Secretary shall SEC. 108. COORDINATION AND CONSULTATION. there shall be specific financial partici- support research, development, and dem- (a) COORDINATION WITH OTHER FEDERAL pation of these foreign participants onstration of safe, efficient, and nonpollut- AGENCIES.-The Secretary shall coordinate into the project as it is, in fact, de- ing hydrogen-based transportation vehicles all hydrogen research, development, and signed, promulgated, and constructed. of the following types, including funding for demonstration activities with other Federal But with that, Mr. Chairman, the at least 1 technical demonstration of each agencies involved in similar research, devel- amendment is drafted to title I. I do such type: opment, and demonstration, including the not know if that would require unani- (1) An economically feasible, low emission Department of Defense and the National Aer- mous consent that the amendment be motor vehicle using hydrogen as a combus- onautics and Space Administration. tible power supply, either in pure form or (b) CONSULTATION.-The Secretary shall applicable to the entire bill. mixed with other fuels, in a hybrid electric consult with the Hydrogen Technical Advi- If not, I would redraft it and like to vehicle using a hydrogen fuel cell. sory Panel established under section 108 of have the opportunity to protect such (2) An economically feasible, zero emission the Spark M. Matsunaga Hydrogen Research, and offer it in the future. But if a or low emission engine using hydrogen. Development, and Demonstration Act of 1990 unanimous consent would be applica- (f) SCHEDULE.-Within 180 days after the as necessary in carrying out this title. ble, I would like that this amendment date of enactment of this Act, the Secretary SEC. 109. REPEAL. be applicable to all titles and elements shall solicit proposals for carrying out the Sections 104 and 105 of the Spark M. Mat- research and development activities author- of the bill. sunaga Hydrogen Research, Development, Mr. WALKER. Mr. ized under this section. Awards of financial and Demonstration Act of 1990 are repealed. Chairman, will assistance shall be made within 1 year after SEC. 110. AUTHORIZATION OF APPROPRIATIONS. the gentleman yield? such date of enactment. (a) GENERAL AUTHORIZATION.-There are Mr. TRAFICANT. I yield to the gen- (g)COST SHARING.-(1) Except as otherwise authorized to be appropriated, to carry out tleman from Pennsylvania. provided in section 105, for research and de- the purposes of this title, in addition to any Mr. WALKER. Mr. Chairman, I un- velopment programs carried out under this amounts made available for such purposes derstand what the gentleman is at- title, the Secretary shall require a commit- under other Acts- tempting ment from non-Federal sources of at least 20 to do, but his amendment is (1)$12,000,000 for fiscal year 1995; drafted in such a way that it would to- percent of the cost of the project. The Sec- (2) $20,000,000 for fiscal year 1996; retary may reduce or eliminate the non-Fed- tally wipe out section 107 of the bill (3)$40,000,000 for fiscal year 1997; and now eral requirement under this paragraph if the (4)$60,000,000 for fiscal year 1998. before us, substitute this section Secretary determines that the research and (b) RELATED AUTHORIZATIONS.-For each and then the language in the gentle- development is of a basic or fundamental na- fiscal year from 1995 through 1998. the total man's amendment makes no sense, if ture. amount authorized to be appropriated for the rest of the section 107 is not there (2) The Secretary shall require at least 50 Energy Supply Research and Development and the amendment would not apply to percent of the costs directly and specifically Activities shall not exceed $3,302,170,000. related to any demonstration project under the entire bill. Because the way the this title to be provided from non-Federal The CHAIRMAN. Are there amend- amendment is drafted, it refers to a sources. The Secretary may reduce the non- ments to title I? panel that exists in section 107 that Federal requirement under this paragraph if AMENDMENT OFFERED BY MR. TRAFICANT would then be wiped out by the amend- the Secretary determines that the reduction Mr. TRAFICANT. Mr. Chairman, I ment. is necessary and appropriate considering the offer an amendment. Mr. TRAFICANT. Mr. Chairman, the technological risks involved in the project The Clerk read as follows: amendment is now, in fact, reflecting and is necessary to serve the purposes and Amendment offered that as goals of this title. by Mr. TRAFICANT: a sentence, an add-on is sen- (3) In calculating the amount of the non- Page 10, line 16, after the period add: The tence to 107; 107 would remain. Panel shall also report on Federal commitment under paragraph (1) or the financial par- Mr. WALKER. That is, in fact, I ticipation of foreign (2), the Secretary shall include cash, person- participants. think the gentleman's intent. But the nel, services, equipment, and other re- Mr. TRAFICANT. Mr. Chairman, I amendment is not drafted in that fash- sources. would prefer that the way this is draft- ion. It is offered as a separate section (h)DUPLICATION OF PROGRAMS.-Nothing in ed that it would, in fact, be applicable 107, and it does not state where this this title shall require the duplication of ac- to the entire bill. sentence would come. tivities carried out under otherwise author- I would like to know if I can have ized programs of the Department of Energy. If the gentleman intends to have this leave from the chairman and the rank- SEC. 105. HIGHLY INNOVATIVE TECHNOLOGIES. say that at the end of section 107, the ing member to preserve and protect my Of the amounts made available for carry- following sentence would be added, ing out section 104. up to 5 percent may be right to offer the amendment that that, in fact, would resolve some of the used to support research on highly innova- would cover the entire bill. technical problems. But in its present tive energy technologies. Such amounts Let me just say this, before I yield to form, that is not the case. shall not be subject to the cost sharing re- the chairman, I have not brought any I would also suggest to the gen- quirements in section 104(g). specific language relative to any even tleman that the amendment in its SEC. 106. TECHNOLOGY TRANSFER. suggestions for American-made prod- present form does not relate to the en- The Secretary shall foster the exchange of ucts covered under this bill because of tire bill because now it specifically re- generic, nonproprietary information and the foreign participation element. And technology developed fers to a panel. I assume he means the pursuant to section I believe they have crafted a fine bill, 104, or other similiar Federal Matsunaga Hydrogen Research, Devel- programs. and I will honor that. among industry, academia, and the Federal opment, and Demonstration Act Tech- Government with regard to production and Let this amendment is more specifi- nical Advisory Panel. That would have use of hydrogen. cally dedicated to the fact that we no application to the rest of the bill. SEC. 107. REPORTS TO CONGRESS. went through a fiasco on the collider, Within 18 months after the date of enact- and I supported the collider, supported O 1200 ment of this Act, and annually thereafter, the committee, but we had a foreign Mr. TRAFICANT. Let me say this. I the Secretary shall transmit to the Congress participation program. have already discussed this with the August 19, 1994 CONGRESSIONAL RECORD-HOUSE 23307 Parliamentarian. It would be an addi- mendous benefits that our Nation cur- development in this country, nothing tional sentence to 107, and that this rently gains from the use of hydro- could be more important than putting technical language would in fact be carbons, and coal, and oil, and gas, and the funding into this particular piece modified to effect that goal, and the the tremendous amount of productivity of legislation. Once again, nuclear fu- gentleman is correct. that our society has gained from those sion, hydrogen energy, and high energy In addition to that, I would want to fuels. nuclear physics, I believe are going to then offer a similar amendment, of a I also rise with a keen awareness of be the future of not only the United similar nature, in an appropriate spot the terrible downside risks that have States but the energy problems that that would handle that in all items occurred as a result of the pollutants the world is facing. covered elsewhere in the bill. that those fuels have dumped in our at- Mr. Chairman, I very much want to Mr. WALKER. Further reserving the mosphere, on our rivers and in our congratulate the gentleman from Cali- right to object, Mr. Chairman, I would streams, and they are in our roadways. fornia [Mr. BROWN] on the tremendous simply say to the gentleman if that is The fact is that our air is becoming work he and his committee have done. his intention, we are operating here more and more dirty, whether we walk This, again, is the key to our Nation's under the open rule. He needs no per- around Washington, DC, Boston, MA, future energy supplies, which will be, mission from us to do that. When we or Los Angeles. If we walk in the gen- again, the future of our solving the get to title 4 of the bill, which is a gen- tleman's own State of Pennsylvania horrific problems of the pollution and eral provision, a miscellaneous provi- and see the tremendous amount of pol- the environmental hazards we face as a sions section, he can certainly draft an lution that the coal mills used to crank nation. I just wanted to come over and, amendment that would require reports out in that State, it does not take a ge- again, thank all those Members who on foreign participation in these var- nius to recognize that we have to come worked hard on this bill, and look for- ious programs, and that would be far up with some other alternative. ward to supporting it in a few minutes. more appropriate in that vein than it is The Nation, then, turned in the mid The CHAIRMAN. Are there other in the way that it is drafted in this par- 1960's to the notion that nuclear fission amendments to title I? ticular section. could be the answer, that this was Mr. SWETT. Mr. Chairman, I move to Mr. BROWN of California. Mr. Chair- going to be a cheap and easy way for strike the last word. Mr. Chairman, man, will the gentleman yield? our energy needs to be met through I would like to start Mr. TRAFICANT. I yield to the gen- high technology. What we did not un- by expressing my appreciation to the tleman from California. derstand at the time was the tremen- gentleman from California [Mr. Mr. BROWN of California. I have no dous downside risks of nuclear fission. BROWN], the chairman, for the kind consideration he has shown to me re- objection to the gentleman's amend- We saw the possibilities of disaster at garding my efforts with regard to the ment, Mr. Chairman, if it is drafted in Three Mile Island, we saw the disas- fusion debate in the Congress proper form and applied to the correct of the ters, the potential disasters and the United States. It is a pleasure to serve section of the bill. If the gentleman tremendous amount of cost associated on will take the time to do that and offer the Committee on Science, Space, with dealing with nuclear waste. and Technology under his leadership, it at a later stage, the Chair would be It seems to me if we really analyze and I think that what he and the gen- glad to accept it at that point. where out energy future lies, our en- tleman from Pennsylvania [Mr. WALK- Mr. TRAFICANT. Mr. Chairman, I ergy future lies in nuclear fusion. If we ER] have accomplished on the commit- would take the advice of the ranking look at the array of opportunities that tee has been formidable and impres- member, would appreciate that, and are provided in this bill, from fusion to sive, and I congratulate the two of would confer with both, and would in hydrogen energy to high energy nu- them for their work. fact fashion the language and it would clear physics, which happens to be a I would like to make a few comments require no further debate here. program that has been advanced at the about the fusion energy research title Mr. WALKER. If the gentleman will Massachusetts Institute of Technology, of this bill. I believe that fusion re- continue to yield, I have no problem these are all three the fundamental search represents an important na- with the gentleman offering language building blocks of how the United tional development, and I strongly sup- that identifies who the foreign partici- States, and I hope the rest of the port fusion research and development. pants are in these various programs. world, can solve the tremendous energy However, I have some concerns about That is no problem. problems that we are facing as we the direction of the current fusion pro- I just think we ought to do it in a enter the 21st century. gram, and I would like to discuss them way here that reflects the bill and does If the United States puts the nec- on the record. not perhaps put it in section where it essary resources into the research and Mr. Chairman, in this bill, the fusion would not appropriately reflect what development of these three energy program would remain focused almost he is trying to do. sources at this time, then I think that exclusively on funding for the takamak Mr. TRAFICANT. I appreciate the the huge worries and concerns that concept, despite the fact that impor- advice and counsel. With that, Mr. many of us have in our guts about tant questions remain unsolved about Chairman, I withdraw this amendment. where our kids are going to be able to the ultimate commercial viability of The CHAIRMAN. Without objection, find the fuels that they need to run the takamak reactor because of prob- the amendment is withdrawn. this world when they become our Con- lems with cost, complexity, There was no objection. gressmen and Senators, when they be- realiability, and radioactive waste. The CHAIRMAN. Are there any other come the leaders of not only the United I also remain concerned about plans amendments to title I? States but people all over the world, for construction of the takamak phys- Mr. KENNEDY. Mr. Chairman, I when they have to deal with the fun- ics experiment and construction of the move to strike the last word. damental problems of the environment, ITER project, the international Mr. Chairman, I rise in strong sup- it will be the vision that is provided by takamak fusion effort in which the port of the bills that have been pro- the gentleman from California [Mr. United States is a partner. posed by my good friend, the gen- BROWN] and the gentleman from Penn- This bill does, however, Mr. Chair- tleman from California [Mr. BROWN] sylvania [Mr. WALKER] and others by man, take some small steps in the and the gentleman from Pennsylvania providing the support and funding that right direction. It calls for the Sec- [Mr. WALKERJ. is necessary in this bill, that are going retary of Energy to make various cer- I come to the well today to speak in to make the difference. tifications to the Congress regarding favor of this legislation, as someone When we talk about research and de- the takamak physics experiment. It who has spent 10 years in the energy velopment and the Clinton administra- also specifically states that no funds business before I came to the Congress, tion's commitment to putting an 80- are authorized for the construction of and has some understanding of the tre- percent increase in the research and the ITER project. 23308 CONGRESSIONAL RECORD-HOUSE August 19,1994 The bill also calls for a review of the energy needed to a support our indus- BROWN], the ranking member, the gen- fusion program. This is similar to a trialized economy and our lifestyles tleman from Pennsylvania [Mr. WALK- provision in legislation which I intro- will be daunting. There is no doubt ER], and particularly the gentlewoman duced earlier this year, the Fusion En- that we will need central power sources from Tennessee [Mrs. LLOYD], chair- ergy Research Accountability Act. in the 21st century. man of the Subcommittee on Energy, A review of the fusion program is Fusion is part of the solution. It of- for their good work in bringing this bill also called for in the fiscal year 1995 fers the promise of a safe and environ- to the House. I think it does a good job Energy and Water Appropriations bill. mentally sensitive energy technology, of allocating funds to a variety of very This much-needed review of the fusion one that we could export to growing important energy research and devel- program should help shape the future energy markets around the globe. Fu- opment programs that are critical to direction of our Nation's effort in this sion's abundant fuel supply-ordinary helping us meet our future energy critical area. water, and its safety and environ- needs. For example, I am glad to see The Energy and Water Appropria- mental features make it a sound in- that the bill protects funding for fusion tions bill recently passed by this body vestment for American taxpayers. energy research conducted both at the also calls for the design activity only In December, the Princeton tokamak takamak reactor and for eventual par- on the takamak physics experiment, used-for the first time-a commercial ticipation in the international thermo- which I believe is a wise step in light of grade fuel mixture to produce 6 million nuclear experiment reactor. Overall, the uncertainty in the fusion program, watts of fusion power. The results of the bill is an important step toward de- uncertainties which should hopefully these extremely successful experiments creasing our dependence on foreign be cleared up during the upcoming are very significant and represent a sources of energy, reducing future envi- year. new level of maturity in fusion energy ronmental problems, and very impor- I am sure that my colleagues would development. The Department's pro- tantly, creating good-paying jobs for agree about the importance of fusion in posal to move forward with construc- Americans. our Nation's energy future, which was tion of the tokamak physics experi- I urge Members to oppose any efforts so eloquently stated by my colleague, ment [TPX] is an indication that the that may be made to cap R&D funding the gentleman from Massachusetts program is addressing practical fusion in this bill. The Committee on Science, [Mr. KENNEDY] just previously. I am energy issues. TPX will be the first ad- Space, and Technology estimates that also confident that my colleagues vanced, steady-state fusion machine such caps would result in large cuts for would agree that we need to ensure and it will address physics and engi- research and solar and renewable en- that the funds which are being spent on neering issues that will help industry ergy sources, in environmental safety fusion are used as wisely as possible. design and build a more compact, eco- and health research, and in environ- I look forward to continuing to work nomic fusion reactor. TPX is unique mental restoration and waste manage- with the chairman of the committee. I among world fusion efforts and it is a ment research. While I strongly sup- applaud his efforts in this regard. I necessary step along the path to com- port, as my colleagues do, efforts to re- have confidence that the gentleman mercial fusion power. If American in- duce the budget deficit, I believe a, cap from California [Mr. BRowN] will en- dustry can design and build a machine on investments in these areas of re- that will help build a smaller, more search is the wrong way to do it. sure that every dollar that taxpayers compact power source, it will give us put into the fusion program will be Last year's budget agreement con- an edge on our economic competitors taining spending is working quite well. wisely spent and will have an effective in harnessing this promising energy output that will ultimately solve or For proof we only have to listen to the technology and serving the energy comments of Members from both sides help solve the energy problems that markets of the future. this country is facing and will continue of the aisle during the course of the ap- We all know that one criticism of the propriations work that we have done to face in the years ahead. U.S. fusion program is that practical Mr. Chairman, I ask that my col- over the last several months who have fusion power is still decades away. The been lamenting leagues on the Committee on Science, current DOE plan calls for demonstra- how these bills are Space, and Technology continue this cracking down on programs that are of tion reactor by 2025 and for more than vital interest to them. To create an ad- important effort, keep the vigilance a decade, the major steps to practical going, and make sure that we provide fusion power have been identified. The ditional cap even further than the the best fusion technology that this time to move forward is now. DOE overall allocation caps in the budget country can get. should be held accountable and they agreement would only further reduce O 1210 should be expected to meet milestones our discretion over allocation of funds along the way. The successful Prince- in again what I think is a critical area Mr. KLEIN. Mr. Chairman, I move to for the country's economic and envi- strike the last word, and I rise in sup- ton experiments are a good example of a milestone that DOE and the fusion ronmental future. A funding cap here port of the bill. also blindly, I think, singles out one Mr. program promised American taxpayers Chairman, this legislation is a and then delivered on. The Princeton area of the budget for special spending vital step in securing a safe and sus- fusion project is not only doing what is restraints while leaving other areas un- tainable energy future for the 21st cen- promised to do, but it will complete its touched, and that does not make a tury. Rarely do we have the oppor- program with less funding than was great deal of sense. tunity to engage in policymaking that projected when it started operations. New alternative energy technologies, is so forward looking. I want to thank Mr. Chairman, clearly this is a pro- which is really the objective of a lot of Chairman BROWN and the ranking gram that deserves support. I again the programs in this bill, are going to member, Mr. WALKER, as well as En- congratulate the chairman, the gen- help us prevent pollution. In this re- ergy Subcommittee Chairman MARILYN tleman from California [Mr. BROWN] gard, one of the most important invest- LLOYD and Science Subcommittee and all those who have been respon- ments we are making in this area is Chairman BOUCHER for their leadership sible for leading the fight on its behalf. that of renewable energy technologies. in getting this bill to the floor. Mr. SKAGGS. Mr. Chairman, I move I have a somewhat parochial interest This bill provides valuable support to strike the last word. here since the National Renewable En- for many vital programs, but I want to Mr. Chairman, I want to express my ergy Laboratory [NREL], is located in take a few minutes to discuss one that support for this legislation, and in par- the part of Colorado I am privileged to I believe is of critical importance: The ticular in opposition to any efforts to represent and it has been a leader in fusion program and in particular, the cap energy supply research and devel- this field of research. At NREL they tokamak physics experiment. opment that may evolve here. are working on such critical tech- As the world population grows and I want to thank the chairman, the nologies as photovoltaic, wind, and hy- the demand for energy increases, the gentleman from California [Mr. drogen energy research, all of which August 19, 1994 CONGRESSIONAL RECORD-HOUSE 23309 are clean sources of energy. Amend- onstrate by the year 2010 the practicability the Secretary shall submit to Congress a ments to cap our research efforts in of commercial electric power production and study which compares the technical and sci- this area will threaten the excellent to lead to commercial production of fusion entific advantages and disadvantages and the work conducted at NREL and similar energy by the year 2040. economic costs and benefits to the United (c) PROGRAM ELEMENTS.-The Fusion En- research at 9 other national labora- States of siting ITER in the United States ergy Research Program shall consist of the with siting ITER outside of the United tories. following elements: States. Such study shall include the consid- Again I commend the committee for (1)Research. development, and demonstra- eration of the impact on employment of con- its fine work in bringing this bill to the tion on magnetic fusion energy technology, structing ITER in the United States, the ef- House. I urge my colleagues' support. including- fect of manufacturing major ITER sub- The CHAIRMAN. The Clerk will des- (A) research on plasma physics and con- systems (such as superconducting magnets) ignate title II. trol, confinement, ignition, and burning; in the United States, and the effect of siting The text of title II is as follows: (B)the design, construction, and operation on United States funding requirements for TITLE II-FUSION ENERGY RESEARCH of experimental fusion reactors, including participation in ITER. PROGRAM the Tokamak Physics Experiment, and the (b) HosT-COUNTRY SELECTION.-The Sec- retary shall SEC.201. FINDINGS. development of special materials for such re- seek to reach an agreement with the international partners which provides The Congress finds that- actors, the facilities to develop such mate- rials. and the development of components for- (1)fusion energy is one of the nonfossil fuel (1) the selection of a host country in which technologies which support the operation of such reac- which could potentially provide to site ITER by October. safe, abundant, tors, such as diagnostic and remote mainte- 1995; environmentally sound, se- (2) the equitable distribution of economic cure, and affordable energy supplies in the nance equipment; and future; (C) participation by the United States in- and technological benefits among the inter- (2) in the last 16 years, fusion energy re- dustrial sector in the design and construc- national partners, including the siting and searchers have made significant progress to- tion of fusion reactors, and cooperation with construction of ITER and related facilities and the manufacture of major ITER sub- ward realizing magnetic fusion as a viable utilities. source of energy, increasing power produc- (2) Research. development, and demonstra- systems; tion from test reactors more than a million- tion of alternative fusion concepts, to be ad- (3) substantial United States industry and fold over that time period; ministered through a Program Director for utility involvement in the design, construc- tion, and operation of ITER to ensure United (3)while significant engineering, technical. Alternative Fusion Research. including re- States industry and utility expertise in the and scientific challenges remain to make fu- search and development needed to build and sion energy commercially viable, limited test an Induction Linac Systems Experi- technologies developed; and funding remains the primary constraint to ment, and for systems engineering and de- (4)a schedule to complete site-specific de- sign more rapid progress; sign of a prototype inertial fusion energy activities by 1998. power plant suitable for the eventual devel- (c) UNITED STATES SITE SELECTION.-The (4) the technical risks and the long time Secretary shall- scale needed to demonstrate the commercial opment of a heavy ion based commercial power plant, for the purpose of developing (1) immediately initiate a process for iden- viability of fusion energy will likely require tifying candidate sites within the United a stable, predictable, and sustained invest- heavy ion inertial fusion energy. (3) Participation in the design, construc- States which meet the site requirements for ment of government funding for decades to the construction and operation of ITER; and come; tion, and operation of ITER with the goal of ITER becoming operational by the year 2005. (2) propose within 90 days after the date of (5) while magnetic fusion is the leading fu- enactment of this Act a process for selection sion technology, research on alternative fu- SEC. 204. INDEPENDENT REVIEW OF FUSION TECHNOLOGIES. of a site within the United States by June, sion concepts should continue to be sup- 1996, if the United States is selected as the ported; Within 6 months after the date of enact- ment of this Act. the Secretary shall con- host country for ITER pursuant to the inter- (6) opportunities to participate in inter- national agreement described in subsection national fusion experiments can dramati- tract with the National Academy of Sciences to conduct a study, to be completed within (b). cally lower the cost to the Federal Govern- (d) FINAL COST ESTIMATE.-The Secretary ment of fusion energy research; 18 months after such contract is executed, which- shall provide to Congress, within 90 days fol- (7) the United States must demonstrate lowing the completion of site-specific design that it is a credible partner in international (1) examines the various magnetic fusion technologies and alternative fusion concepts activities, a detailed estimate of the final scientific programs by being able to make projected total cost and cost to the United and keep long-term commitments to funding to assess their current state of development; (2) evaluates the potential of such tech- States of the construction and operation of and participation; and ITER based on final site-specific engineering (8) the United States should commit to nologies and concepts to become commer- and construction designs. participating in the siting, construction, and cially viable sources of energy in the future; SEC. 207.REPORTS AND MISCELLANEOUS PROVI- operation of ITER as soon as practicable. (3) identifies research and development SIONS. SEC.202. PURPOSES. goals and priorities, and the range of prob- (a) CONTINGENCY PLAN.-Within 120 days The purposes of this title are- able costs and time scales needed to achieve after the date of enactment of this Act, the (1) to provide direction and authorize ap- commercial viability; and Secretary shall submit to Congress a report propriations for a broadly based fusion en- (4) reviews facilities formerly proposed by on the feasibility of conducting a parallel de- ergy research, development, and demonstra- the Department of Energy for construction sign effort on the Tokamak Physics Experi- tion program; during the past 10 years, comparing their ment to augment the capabilities of or accel- (2) to ensure that alternative fusion con- proposed capabilities and the justification erate construction of the Tokamak Physics cepts receive adequate funding and manage- offered for such proposals with the rationale Experiment in the event that an inter- ment attention from the Department of En- for the subsequent withdrawal of the propos- national agreement cannot be reached on the ergy; als. site selection or construction of ITER. (3) to provide an accelerated commitment SEC. 205. NATIONAL ACADEMY OF SCIENCES (b) PROGRAM REPORT.-Within 180 days to United States participation in ITER and STUDY. after the date of enactment of this Act, and provide authorization of appropriations for Within 6 months after the date of enact- biennially thereafter. the Secretary shall such activity contingent on meeting pro- ment of this Act, the Secretary shall con- prepare and submit to the Congress a report gram milestones; and tract with the National Academy of Sciences on the Fusion Energy Research Program and (4) to provide for the selection of a host to conduct a study, to be completed within the progress it has made in meeting the country and establish a site selection process 18 months after such contract is executed. goals and requirements of this title. for ITER. which examines the status and promise of (c) CONSULTATION.-(1) In consultation with SEC. 203. FUSION ENERGY RESEARCH PROGRAM. other energy sources, including deuterated the Secretary of Defense, the Secretary shall (a) FUSION PROGRAM.-The Secretary shall metal, and improvements in the efficient use review the research and development activi- carry out in accordance with the provisions of energy which could affect our national en- ties of the defense Inertial Confinement Fu- of this title a Fusion Energy Research Pro- ergy needs on the same time scale and quan- sion Program to determine the potential of gram. including research, development, and tity as projected fusion energy development. such activities to contribute to the civilian demonstration to demonstrate the technical and which identifies priorities for research Inertial Fusion Energy Program. and economic feasibility of producing safe. on other energy sources and energy-efficient (2) Within 120 days after the date of enact- environmentally sound, and affordable en- devices and practices. ment of this Act, the Secretary. in consulta- ergy from fusion. SEC.206. ITER SITE SELECTION PROCESS. tion with the Secretary of Defense, shall sub- (b) PROGRAM GoALS.-The goals of the Fu- (a) ITER STUDY AND REPORT.-Within 120 mit a report to Congress with recommenda- sion Energy Research Program are to dem- days after the date of enactment of this Act, tions for sharing budget and other resources 23310 CONGRESSIONAL RECORD-HOUSE August 19, 1994 in order to enhance the civilian energy appli- AMENDMENT OFFERED BY MR.WALKER facility, the expected participation of inter- cations of the defense Inertial Confinement Mr. WALKER. Mr. Chairman, I offer national partners, and the planned dates for Fusion Program. an amendment. starting and completing construction." after (d) DUPLICATION OF ACTIVITIES.-Nothing in The Clerk read as follows: "Physics Experiment.". this title "iall require the duplication of ac- Mr. FAWELL. Mr. Chairman, this tivities carried out under otherwise author- Amendment offered by Mr. WALKER: Page ized programs of the Department of Energy. 21. strike lines 12 through 21 and insert in amendment also, I believe, we have SEC. 208. AUTHORIZATION OF APPROPRIATIONS. lieu thereof the following: shared with the majority, and I believe (a) FUSION ENERGY RESEARCH PROGRAM.- (c) TOKAMAK PHYSICS EXPERIMENT.-(1) Ex- there is no objection to it. It deals with There are authorized to be appropriated to cept as provided in paragraph (2), there are section 208(e) of the bill, which pro- the Secretary for carrying out the Fusion authorized to be appropriated to the Sec- hibits the use of funds for the design, Energy Research Program $376,563,000 for fis- retary for the period encompassing fiscal engineering, or construction of any cal 1995. $425,000.000 for fiscal year 1996. and years 1992 through 2000 not to exceed magnetic fusion facility other than $475.000,000 for fiscal year 1997. $700,000,000 from within the Fusion Energy Research Program, to complete the design, ITER, facilities related to ITER, and (b) ALTERNATIVE FUSION RESEARCH.-From the Tokamak physics experiment. This the sums authorized in subsection (a). there development, and construction of the are authorized to be appropriated to the Sec- Tokamak Physics Experiment. simply provides an exemption in regard retary for carrying out the Alternative Fu- (2) None of the funds described in para- to U.S. participation in the IFMIF/CDA sion Research Program under section graph (1) are authorized to be appropriated project. 203(c)(2)- for any fiscal year unless, within 60 days But I think that perhaps if the gen- (1)$10.000.000 for fiscal year 1995 for the In- after the submission of the President's budg- tleman from California will confirm, he duction Linac Systems Experiment project et request for that fiscal year, the Sec- does have knowledge of this particular and related base programs, and for the engi- retary- amendment. neering and design of a prototype inertial fu- Mr. WALKER (during the reading). Mr. BROWN of California. Mr. Chair- sion energy power plant; Mr. Chairman, I ask unanimous con- man, (2) $30,000,000 for fiscal year 1996. of which- will the gentleman yield? sent that the amendment be considered Mr. FAWELL. I yield to the gen- (A) not more than $20,000,000 shall be for as read and printed in the Induction Linac Systems Experiment the RECORD. tleman from California. project and related base programs: and The CHAIRMAN. Is there objection Mr. BROWN of California. I thank (B) not more than $5,000,000 shall be for the to the request of the gentleman from the gentleman for yielding. engineering and design of a prototype iner- Pennsylvania? Mr. Chairman, I have received the tial fusion energy power plant; and There was no objection. amendment of the gentleman from Illi- (3) $33,000,000 for fiscal year 1997, of which- Mr. WALKER. Mr. Chairman, I will nois [Mr. FAWELL] and it does make a (A) not more than $20.000.000 shall be for not spend very long on this amend- valuable contribution to the bill. the Induction Linac Systems Experiment ment. It is a clarifying and conforming There is already ongoing a small but project and related base programs; and amendment. It makes clear that the (B) not more than $5.000.000 shall be for the highly important materials testing op- engineering and design of a prototype iner- TPX program included in this title is eration at the level of a couple of mil- tial fusion energy power plant. funded out of the fusion energy pro- lion dollars a year, which would be pre- (c) TOKAMAK PHYSICS EXPERIMENT.-(1) Ex- gram. Furthermore, it also makes clear cluded from the language of this bill cept as provided in paragraph (2). there are that the TPX program is fully and unless it is clarified by the amendment authorized to be appropriated to the Sec- completely authorized by the bill. I un- of the gentleman from Illinois and the retary for the period encompassing fiscal derstand that the majority has been additional language with regard to re- years 1995 through 2000 not to exceed consulted on this amendment and are porting requirements is also $700000.000,, to complete the design, develop- extremely ment. and construction of the Tokamak in agreement with it. That being the helpful. Physics Experiment. case, if the chairman, the gentleman On our side we are very glad to ac- (2) None of the funds are authorized to be from California, would confirm that, it cept the amendment. appropriated for any fiscal year under para- does not have to take very long at all. The CHAIRMAN. The question is on graph (1)unless, within 60 days after the sub- Mr. BROWN of California. Mr. Chair- the amendment offered by the gen- mission of the President's budget request for man, will the gentleman yield? tleman from Illinois [Mr. FAWELL]. that fiscal year, the Secretary- Mr. WALKER. I yield to the gen- The amendment was agreed to. (A) certifies to the Congress that- tleman from California. The CHAIRMAN. Are there addi- (i) the technical goals of the design, devel- tional amendments to title II? If not, opment, and construction are being met; Mr. BROWN of California. Mr. Chair- (ii) the design, development, and construc- man, this gentleman is in such a good the Clerk will designate title III. tion can be completed without further au- mood this morning that he is willing to The text of title III is as follows: thorization of appropriations beyond accept almost anything that the distin- TITLE Ill-HIGH ENERGY AND NUCLEAR amounts authorized under paragraph (1); and guished ranking member wants, as long PHYSICS (iii) the design, development, and construc- as we understand what it is. I, there- SEC.301. SHORT TITLE. tion can be completed by the end of fiscal fore, agree with the gentleman's This title may be cited as the "Department year 2000; or amendment and will accept it. of Energy High Energy and Nuclear Physics (B)submits to the Congress a report which Authorization Act of 1994". describes- O 1220 SEC.302. DEFINITIONS. (i) the circumstances which prevent a cer- The CHAIRMAN. The question is on For the purposes of this title- tification under subparagraph (A); (1) the term "CERN" means the European the amendment offered by the gen- (ii) remedial actions undertaken or to be Organization for Nuclear Research; undertaken with respect to such cir- tleman from Pennsylvania [Mr. WALK- (2) the term "construction" means all ac- cumstances; and ER]. tivities necessary for completion of a project (iii) a justification for proceeding with the The amendment was agreed to. and its supporting infrastructure. and in- program, if appropriate. AMENDMENT OFFERED BY MR. FAWELL cludes conventional construction and the (d) CONSTRUCTION OF ITER.-No funds are Mr. FAWELL. Mr. Chairman, I offer fabrication, installation, testing, and authorized for the construction of ITER. preoperation of technical sytems; an amendment. (e) LIMITATION ON MAGNETIC FUSION FACILI- (3) the term "conventional construction" TIES.-No funds are authorized for the de- The Clerk read as follows: means the design and construction of civil sign. engineering, or construction of any Amendment offered by Mr. FAWELL: Page works, facilities, and other infrastructure magnetic fusion facility other than ITER. fa- 22, line 23, insert "This limitation shall not necessary to construct a project, including cilities related to ITER. and the Tokamak apply to the design or engineering of fusion tunnels, buildings, and roads, necessary to Physics Experiment. materials irradiation test facilities. Upon house and support the technical systems. SEC.209. REPEAL OF ADVISORY COMMITTEE. completion of the concept design for a fusion and utilities as necessary for the direct sup- Section 7 of the Magnetic Fusion Energy materials irradiation test facility, the Sec- port of elements of a project; and Engineering Act of 1980 (42 U.S.C. 9306), au- retary shall transmit to the Congress a re- (4) the term "Large Hadron Collider thorizing the Technical Panel on Magnetic port which includes the estimated cost for project" means the Large Hadron Collider Fusion, is repealed. design, engineering, and construction of the project at CERN. August 19, 1994 CONGRESSIONAL RECORD-HOUSE 23311 SEC. 303. AUTHORIZATION OF APPROPRIATIONS. date on which the parties enter into the shall be modified every 3 years. The long- (a) HIGH ENERGY PHYSICS.-There are au- agreement; range plan shall include- thorized to be appropriated to the Secretary (6) reconsideration of the extent of United (A) a list of research opportunities to be for high energy physics activities of the De- States participation if technical or oper- pursued, including both ongoing and pro- partment- ational milestones described in paragraphs posed activities, listed in order of priority; (1)$695,400,000 for fiscal year 1996; (4) and (5) are not met, or if the project falls (B) an analysis of the relevance of each re- (2)$719.700.000 for fiscal year 1997; significantly behind schedule; search facility to the research opportunities (3) S744,900.000 for fiscal year 199B; and (7) conditions of access for United States listed under subparagraph (A); (4) $713,600,000 for fiscal year 1999. and other scientists to the facility; and (C) a statement of the optimal balance for Funds authorized under paragraphs (1) (8) a process for addressing international the fiscal year in which the report is submit- through (4) may be expended for the B-fac- coordination and cost sharing on high energy ted among facility operations, construction. tory at the Stanford Linear Accelerator Cen- physics projects beyond the Large Hadron and research support and the optimal bal- ter and the Fermilab Main Injector. Funds Collider. ance between university and laboratory re- may also be expended for research, develop- (b) OTHER INTERNATIONAL NEGOTIATIONS.- search programs; ment, and planning for the Large Hadron Nothing in this Act shall be construed to (D) schedules for continuation, consolida- Collider and its associated detectors. No preclude the President from entering into tion, or termination of each major category funds are authorized for United States par- negotiations with respect to international of research programs, and continuation, up- ticipation in the construction and operation science agreements. grade, transfer, or closure of each research of the Large Hadron Collider project until (c) REQUIREMENT.-The Director of the Of- facility; the Secretary certifies to the Congress that fice of Science and Tecnnology Policy shall (E)a statement by project of efforts to co- there is an international agreement that in- report, within 3 months after the date of en- ordinate research projects with the inter- cludes the provisions described in section actment of this Act. to the Committee on national community to maximize the use of 304(a). Science, Space, and Technology of the House limited resources and avoid unproductive du- (b) NUCLEAR PHYSICs.-There are author- of Representatives and to the Committee on plication of efforts; ized to be appropriated to the Secretary for Commerce. Science, and Transportation of (F)a description of the extent to which the nuclear physics activities of the Depart- the Senate on specific goals for international plan modifications differ from previous plans ment- coordination in megascience projects, in- submitted under this subsection, along with (1)$337,100,000 for fiscal year 1996; cluding an action plan needed to achieve an explanation for such differences; and (2) $348,900.000 for fiscal year 1997; these goals. The action plan shall address (G)an estimate of- (3) $361.100.000 for fiscal year 1998; and such issues as cost sharing and financial sup- (i) the number of scientists and graduate (4)$373.700,000 for fiscal year 1999. port. site location, access. and management students being supported by Federal high en- None of the funds authorized under para- of megascience facilities. ergy and nuclear physics programs; and graph (2). (3), or (4) are authorized to be ap- SEC. 305. OPERATING PLAN. (ii) the number of scientists and graduate propriated for facility operations of the Los Within 30 days after the date of the enact- students needed to carry out productive and Alamos Meson Physics Facility. Funds au- ment of any Act appropriating funds for the sustainable research programs in these fields thorized under paragraphs (1) through (4) high energy or nuclear physics activities of over the next 10 years. may be expended for the Relativistic Heavy the Department, the Secretary shall trans- (2) REPORTS TO CONGRESS.-(A) The Sec- Ion Collider at Brookhaven National Labora- mit to the Committee on Science, Space, and retary shall transmit a copy of the original tory. Technology of the House of Representatives long-range plan with the President's annual (c) LIMITATION ON MAJOR CONSTRUCTION and the Committee on Energy and Natural budget request to Congress for fiscal year PROJECTS.-No funds may be expended for Resources of the Senate a plan for the oper- 1997. The plan as modified shall be submitted the construction and operation of any high ations of the high energy and nuclear phys- with the President's budget request to Con- energy and nuclear physics facility construc- ics activities of the Department, as adjusted gress for every third fiscal year thereafter. tion project of the Department, with total to reflect the amounts appropriated for such (B) The Secretary shall transmit with the project expenditures projected to be in ex- purposes by such Act. President's budget request to Congress each cess of $100,000,000, unless funds are specifi- SEC. 306. LONG-RANGE PLANNING AND GOVERN- year a report demonstrating the consistency cally authorized for such purposes in an Act ANCE. of the current long-range plan with the budg- that is not an appropriations Act. Funds au- (a) PROGRAM GOVERNANCE REVIEW.- et being requested for the Department's high thorized under subsections (a)and (b) may be (1) REQUIREMENT.-The Secretary shall energy and nuclear physics programs. expended for preliminary research, develop- contract with an appropriate independent or- (c) CAPITAL BUDGET ACCOUNT.-Each of the ment. and planning for such projects. ganization to review the governance of all President's annual budget requests to the SEC. 30-I. THE LARGE HADRON COLLIDER elements of the Department's high energy Congress for high energy physics activities PROJECT. and nuclear physics programs. Such review of the Department, and for nuclear physics (a) NEGOTIATIONS.-The Secretary, in con- shall include- activities of the Department, shall distin- sultation with the Director of the National (A) an evaluation of the staff allocation guish between the budget for capital expend- Science Foundation and the Secretary of and funding balance among facility oper- itures, including all ongoing and planned State. shall enter into negotiations with ations. construction, and research support: major construction and capital equipment CERN concerning United States participa- and items, and other activities. tion in the planning and construction of the (B) an analysis of the extent to which the The CHAIRMAN. Are there amend- Large Hadron Collider project, and shall en- Department's high energy and nuclear phys- ment to title III? If not, the Clerk will sure that any agreement incorporates provi- ics advisory groups represent the diversity designate title IV. sions to protect the United States invest- of, and the full range of interests among. The text of title IV is as follows: ment in the project, including provisions high energy and nuclear physics researchers. TITLE IV-MISCELLANEOUS PROVISIONS for- (2) REPORT TO CONGRESS.-The Secretary (1) fair allocation of costs and benefits SEC. 401. UNIVERSITY RADIATION SCIENCE AND shall submit a report to Congress within 18 TECHNOLOGY. among project participants; months after the date of enactment of this (a)FINDINGS.-The Congress finds that- (2) a limitation on the amount of United Act detailing the results of the review re- (1) the future of fusion energy and ad- States contribution to project construction quired by this section, including rec- vanced nuclear technology research and de- and an estimate of the United States con- ommendations for implementing the results velopment programs will rely heavily on a tribution to subsequent operating costs; and schedules for such implementation. healthy and vibrant university-based radi- (3) a cost and schedule control system for (b)LONG-RANGE PLAN.- ation science and nuclear engineering aca- the total project: (1) REQUIREMENT.-The Secretary. in con- demic program; (4) a preliminary statement of costs and sultation with the high energy and nuclear (2) nuclear engineering is a broad, diverse the schedule for all component design, test- physics communities, shall prepare a long- field with unique academic requirements, in- ing, and fabrication, including technical range plan for the Department of Energy cluding mathematics, physics, reactor engi- goals and milestones, and a final statement high energy and nuclear physics programs neering, nuclear materials, radiation protec- of such costs and schedule within 1 year based on current and projected program tion. and reactivity control and operations; after the date on which the parties enter funding levels. The Secretary shall coordi- (3) nuclear engineering academic programs into the agreement; nate the preparation of the plan with the Di- at both undergraduate and graduate levels (5) a preliminary statement of costs and rector of the National Science Foundation. have declined in terms of the number of stu- the schedule for total project construction as appropriate, to ensure that long-range dents enrolling in such programs, the num- and operation, including technical goals and planning efforts and objectives for the entire ber of schools offering such programs, and milestones, and a final statement of such Federal high energy and nuclear physics pro- the number of research reactors available on costs and schedule within 1 year after the gram are appropriately integrated. The plan university campuses: .!9-059 O--97V 'l. ll(1 i1.17}5 23312 CONGRESSIONAL RECORD-HOUSE August 19,1994 (4) the existing nuclear technical commu- incorporate the plan submitted under para- plications for the department in terms nity and faculties are aging. and new, young- graph (1) and shall include comments from of reporting requirements on it. But are not entering the field. er graduates the National Academy of Sciences regarding the gentleman, I think, is pursuing a threatening the United States technological the completeness of the program proposal. superiority in this area; (e) AUTHORIZATION OF APPROPRIATIONS.- useful area in assuring that we under- (5) a robust, long-term fusion program will There are authorized to be appropriated to stand the full nature of the foreign par- be dependent on the availability of properly the Secretary for carrying out the Univer- ticipation, and I accept the amend- trained scientific experts to carry on the sity Radiation Science and Technology Pro- ment. program from the current leaders in the gram $25.000.000 for fiscal year 1995, Mr. TRAFICANT. Mr. Chairman, I field; $25.000.000 for fiscal year 1996, and $25,000,000 thank the gentleman, and in closing, I (6) in the 1950s and 1960s, the Federal Gov- for fiscal year 1997. would offer: Whatever clarification lan- ernment was instrumental in founding and SEC. 102.LIMITATION ON APPROPRIATIONS. guage the chairman and ranking mem- funding the University Research Reactor Notwithstanding any other provision of ber deem appropriate program and the Nuclear Engineering Edu- and other consid- law, no funds are authorized to be appro- erations that might arise from this cation and Research program, and as a pri- priated for carrying out the programs for mary user of the graduates of these pro- which funds are authorized by this Act for amendment, the general intent I think grams, continued strong support for these any fiscal year other than as provided by is understood, and I will accept such programs for decades; this Act. contributions to make it better or re- (7)the decline of Federal support for these AMENDMENT OFFERED BY MR. TRAFICANT solve some problems that you may programs has forced many universities to Mr. TRAFICANT. Mr. Chairman, I have. close down research reactors and seriously Mr. BROWN of California. Mr. Chair- erode offer an amendment. the accompanying academic programs; man, will the gentleman yield? (8) the current condition of the university The Clerk read as follows: Mr. TRAFICANT. I research reactors needs attention and fund- yield to the Amendment offered by Mr. TRAFICANT: chairman. ing to upgrade instrumentation and safety Page 36. after line 7, insert the following new features: and section: Mr. BROWN of California. I thank (9) the Federal Government should con- SEC. 403. FOREIGN PARTICIPATION REPORT. the gentleman for yielding further. Mr. Chairman, tinue its fuel assistance program in order to Within 1 year after the date of enactment we appreciate the gen- avert further hardships to the universities. of this Act, and annually thereafter, the Sec- tleman's forbearance on this matter. (b)PURPOSES.-The purposes of this section retary shall report to the Congress on the Obviously, on matters of this sort are to- status of foreign participation in and con- where amendments are brought to the (1) provide Federal support and maintain tributions to projects for which funding is floor without a lot of staff review, and upgrade the Nation's Nuclear Engineer- authorized under this Act. there is the possibility there may be ing Education and Research and University a Research Reactor programs, while continu- Mr. TRAFICANT (during the read- need to be some minor revisions to ac- ing the University Reactor Fuel Assistance ing.) Mr. Chairman, I ask unanimous complish the purpose of the amend- program; consent that the amendment be consid- ment. If that is necessary, I believe we (2) combine these programs into a com- ered as read and printed in the RECORD. can take care of that in conference prehensive and cohesive national program The CHAIRMAN. Is there objection without any difficulty. which will support the future needs of the to the request of the gentleman from Mr. TRAFICANT. Mr. Chairman, I Nation across many scientific and techno- Ohio? will inform the ranking member that logical disciplines; and There was that is the intent and that his concerns (3) provide the nuclear engineering edu- no objection. cation and university research reactor aca- Mr. TRAFICANT. Mr. Chairman, this are understood by the sponsor, and we demic community opportunities to consult amendment specifies those concerns will accommodate those concerns in and cooperate with the Department of En- discussed earlier and provides for that whatever way the gentleman works out ergy and the national laboratories in the de- reporting mechanism to document fi- with our chairman. cisionmaking and priority setting processes. nancial participation and contributions The CHAIRMAN. The question is on (c)PROGRAM DIRECTION.- by those foreign friends who are parties the amendment offered by the gen- (1) COMBINING OF PROGRAMS.-The Sec- to our initiative. I believe it makes tleman from Ohio [Mr.TRAFICANT]. retary shall combine the Nuclear Engineer- The amendment was agreed to. ing Research and Education program, sense. It is a clarification factor that is the AMENDMENT OFFERED University Research Reactor program, and best applied to the entire bill. BY MR. FAWELL the University Reactor Fuel Assistance pro- Mr. BROWN of California. Mr. Chair- Mr. FAWELL. Mr. Chairman, I offer gram to form a new University Radiation man, will the gentleman yield? an amendment. Science and Technology program to be in- Mr. TRAFICANT. I yield to the gen- The Clerk read as follows: cluded as a separate and distinct part of the tleman from California. Amendment offered by Mr. FAWELL: University and Science Education program. Mr. BROWN of California. I thank Page 36, after line, 7, insert the follow- (2) COLLABORATION.-The Secretary, in de- the gentleman for yielding. ing new section: veloping the annual budget request and pro- Mr. Chairman, gram plan for the University I have reviewed the SEC. 403. MW:RITREVIEW REQUIREMENT FOR Radiation AWARDS OF FINANCIAL ASSISTANCE. Science and Technology program, amendment offered by the gentleman shall col- (a) MERIT REVIEW REQUIREMENT.-Except laborate with the university radiation from Ohio, our staff has reviewed it on as provided in sections 201 and science and technology community our side. From out standpoint it is a 205. the Sec- (includ- retary may not award financial ing academia, valuable contribution assistance to professional societies, and the to the language any person under this Act national laboratories). for research, de- of the bill, and we would have no objec- velopment, or precommercial (d) REPORTS.- demonstration tion. activities, including related facility con- (1) COMPREHENSIVE PLAN.-The Secretary Mr. WALKER. Mr. Chairman, will struction, unless an objective merit review shall request the Nuclear Engineering Edu- cation Department the gentleman yield? process is used to award the financial assist- Heads Organization and ance. the National Organization of Test. Research. Mr. TRAFICANT. I yield to the dis- tinguished ranking member of the (b) REQUIREMENT OF SPECIFIC MODIFICATION and Training Reactors to submit, within 60 OF MERIT REVIEW days after the committee, the gentleman from Penn- PROVISION.- date of enactment of this Act. (1) IN GENERAL.-A provision of law may to the Congress and the Secretary a mini- sylvania [Mr.WALKER]. not be construed as modifying or superseding mum of a 5-year comprehensive national Mr. WALKER. I thank the gentleman subsection (a), or as requiring that financial plan for the University Radiation Science for yielding. assistance be awarded by the Secretary in a and Technology program. Such plan shall in- Mr. Chairman, we have also reviewed manner inconsistent with subsection (a), un- clude comments from industry and all appro- the amendment, and I have no reason less such provision of law- priate professional societies. (A) specifically refers to this section: (2) PROGRAM PROPOSAL.-Within 120 days to oppose it. I do believe the way the amendment is now drafted that it (B) specifically states that such provision after the submittal of the plan under para- of law modifies or supersedes subsection (a): graph (1), the Secretary shall submit to the would apply to the entire energy re- and Congress a University Radiation Science and search and development supply ac- (C) specifically identifies the person to be Technology program proposal, which shall count, and it does have fairly broad im- awarded the financial assistance and states August 19, 1994 CONGRESSIONAL RECORD-HOUSE 23313 that the financial assistance to be awarded tunity to review all of the facts of this taxpayers' money. This amendment pursuant to such provision of law is being particular amendment. would prohibit universities, awarded in a manner inconsistent with sub- labs, pri- section (a). Mr. BROWN of California. Mr. Chair- vate contractors, and so on from lobby- (2) NOTICE AND WAIT REQUIREMENT.-No fi- man, will the gentleman yield? ing, and, if they violate this particular nancial assistance may be awarded pursuant Mr. FAWELL. I gladly yield to the provision, they would no longer be eli- to a provision of law that requires or author- chairman of the committee. gible for any funds that are authorized izes the award of the financial assistance in Mr. BROWN of California. I thank under this act. a manner inconsistent with subsection (a) the gentleman for yielding. Mr. Chairman, I am concerned that until- Mr. Chairman, the gentleman from we have had a wave of this going on, (A) the Secretary submits to the Congress Illinois [Mr. FAWELL] knows that this and at this point I insert some mate- a written notice of the Secretary's intent to language is intended to support the po- rial related to a particular lobbying ef- award the financial assistance; and fort: (B) 180 days has elapsed after the date on sitions which we have jointly taken in which the notice is received by the Congress. connection with a number of pieces of URGENT URGENT URGENT URGENT URGENT (c) DEFINITIONS.-For purposes of this sec- legislation. I commend the gentleman PRINCETON UNIVERSITY: OFFICE OF tion: for introducing it in connection with GOVERNMENT AFFAIRS (1) The term "objective merit review proc- this bill. Re H.R. 1908. ess" means a thorough, consistent, and inde- Mr. Chairman, I would To: Fusion community. pendent examination of requests for finan- hope we could get this onto a number of appropria- From: Nan S. Wells. cial assistance based on pre-established cri- Date: August 15.1994. teria and scientific a technical merit by per- tions bills as well. Mr. FAWELL. I thank the The House is now scheduled to consider sons knowledgeable in the field for which the chairman. H.R. 4908, the Hydrogen, Fusion. and High financial assistance is requested. I have nothing further. Energy and Nuclear Physics Authorization (2) The term "financial assistance" means The CHAIRMAN. The question is on Act early tomorrow. If the crime bill and/or the transfer of funds or property to a recipi- the amendment offered by the gen- health legislation go to the floor, the sched- ent or subrecipient to accomplish a public tleman from Illinois [Mr. FAWELL]. ule could change. According to the Science purpose of support or stimulation authorized The amendment was agreed to. Committee staff, the bill will be considered by Federal law. Such term includes grants. under an open rule and AMENDMENT OFFERED BY MR.WALKER all amendments will cooperative agreements, and subawards but be in order. It is my understanding that the does not include cooperative research and Mr. WALKER. Mr. Chairman, I offer committee may have only a few minutes development agreements as defined in sub- an amendment to title IV. warning of any amendments proposed. section 12(d)(1) of the Stevenson-Wydler The Clerk read as follows: The amendment proposed by Representa- Technology Innovation Act of 1980 (15 U.S.C. Amendment offered by Mr. WALKER: Page tive Robert Walker, the ranking Republican 3710a(d)(1)). 36. after line 7. insert the following new sec- on the House Science Committee, which Mr. FAWELL (during the reading). tion: would impose a four-year $4.2 billion "hard freeze" on most of the DOE research activi- Mr. Chairman, I ask unanimous con- SEC. 403. PROHIBITION OF LOBBYING ACTIVI- sent that TIES. ties, has been redrafted by Representative the amendment be considered Boehlert who would add a $50 million in- as read and printed in the RECORD. None of the funds authorized by this Act crease each year for the first three years. The CHAIRMAN. Is there objection shall be available for any activity. or the This new Boehlert amendment (see attached to the request of the gentleman from publication or distribution of literature, that material) is almost as damaging to high en- Illinois? in any way tends to promote public support ergy physics as the original amendment and There was no objection. for or opposition to any legislative proposal if offers no flexibility to the other energy re- Mr. FAWELL. Mr. Chairman, once on which congressional action is not com- search programs. plete. If any funds are used for purposes pro- again I believe the majority has been Rep. Boehlert asserts that the cuts are not hibited by this section, the organization to a problem since they would come from the able to review this particular amend- whom such funds were provided shall not be DOE labs including labs doing fusion re- ment. I do not believe there is any con- eligible to receive any further funding pursu- search. There is nothing in the legislation troversy. ant to this Act. that directs the cuts and reductions could The amendment is similar to those Mr. WALKER (during the reading). and would be made in all DOE research pro- that I have offered in committee and Mr. Chairman, I ask unanimous con- grams including fusion energy, high energy which have been included as sections in physics, environmental restoration and sent the amendment be considered as waste management research. DOE has House-passed versions of H.R. 3254, the read and printed in the RECORD. in- National Science formed the Science committee that con- Foundation Act of The CHAIRMAN. Is there objection struction of ANS and TPX. participation in 1994, also H.R. 3870, the Environmental to the request of the gentleman from the LHC at CERN. and the operation of the Technologies Act of 1994, and the Pennsylvania? facilities at SLAC,Fermi Lab. Newport News amendment is also similar to my There was no objection. and Brookhaven are in jeopardy, if this amendment included in the Science amendment is approved by the House. Committee-reported version of H.R. O 1230 The Boehlert and Walker amendments con- 1432, Department of Energy Laboratory Mr. WALKER. Mr. Chairman, this tinue to restrict only the funding for energy research and place no restrictions on other Technology Act of 1994. amendment is essentially an DOE programs. While these proposals, and Mr. Chairman, basically, this amend- antilobbying amendment from the perhaps other amendments to come, are ment deals with the subject matter of standpoint of lobbying with taxpayers' being presented as budget reductions, the which the chairman is very much money. What the amendment does is DOE would be free to reallocate the R&D aware and very much involved in in re- prohibits universities, labs, and private funds to other programs in the department. gard to earmarks. contractors from using taxpayers' As currently drafted, the amendments serve In the very brief summary, what we money for lobbying for their programs. only to reduce funds for badly needed re- search in high pioriity areas. have is simply a law which states that In my view it is highly questionable for There is also an amendment from Rep- earmarks cannot be accomplished un- the taxpayer to have to bear the costs resentative Walker which would set a cap on less there is an objective merit review of universities and others coming to so- TPX expenditures and Rush Holt is working process insofar as the subject acts of licit more Federal money. with staff to try to modify it. Unless amend- this bill are concerned. They can be In fact, one of the problems that has ed, it should be opposed. Of course, there is modified by general law, obviously not arisen in the area of earmarking has always the possibility of another amendment in a report. from Representative Dick Swett. Basically that in a very been because the universities them- At this point, your members should oppose cursory summary is what we are talk- selves are engaged in lobbying Con- the Walker and Walker-Boehlert amend- ing about here. gress to earmark specific projects for ments and any other amendments. If you I would like to inquire of the gen- them, so one way of getting at the would like further information on the legis- tleman from California, the chairman whole earmark question is to ensure lation, please call me at (202) 639-8420. of the committee, Mr. BROWN, as to that at least taxpayer's money is not Mr. Chairman, I urge support for this whether or not he has had an oppor- being used as a way of garnering more amendment as a way of ensuring that 23314 CONGRESSIONAL RECORD-HOUSE August 19, 1994 any lobbying activities are done with cannot get any more funds under the tent of the amendment is solid. I am a private moneys rather than with tax- act if they use public moneys, but the little concerned, recalling our experi- payer money. language the gentleman referred to is ence last year with the superconduct- Mr. BROWN of California. Mr. Chair- the language that is in the Interior ap- ing super collider where criticisms man, I am reluctant to do this,but this propriations bills that we have a his- were made of the Department of En- amendment disturbs my otherwise tory of handling. ergy and its contractors for the lobby- tranquil day, and I am going to have to So, obviously the Federal Govern- ing done in support of the super- rise in opposition to it and express my ment does have procedures for dealing conducting super collider and the ap- hope that the gentleman might with- with the concerns the gentleman has propriations bill containing the fund- draw the amendment and offer a ver- expressed. That is the reason why we ing for it. I think under the gentle- sion in another setting that might be utilize this language, figuring that it man's amendment all of that would more appropriate. had a history and that there is a way of have been illegal and the funding for I do not object, of course, to the pro- managing this kind of situation. I the entire Department of Energy would hibition against lobbying with public would not expect that anybody would have been canceled as a result of those funds. I think the thrust of the gentle- have to rummage through files, but I activities. man's idea is an excellent one, but this would expect, wherever there is an Now I do not think the gentleman is, other than the title, prohibition of overt lobbying activity, that it would wants to draw quite that broad a net lobbying activities; it does not really give the department cause for action if when he is talking about the activities discuss lobbying. It says that none of it is found that that was done with of the Federal Government which is in the funds authorized by this act, which public moneys. an amendment which is labeled "lobby- of course go to the Department of En- Mr. BROWN of California. Mr. Chair- ing" and which I think the department ergy and then are redistributed man, I have, of course, high regard for felt was legislative representation, pro- through grants and contracts to uni- the gentleman's legislative drafting tecting their own interests before the versities and research organizations, skills, and I assume that he has used Congress. I am worried that, for exam- none of these funds shall be used for language which has a history. But I am ple, all of the funding for their office of the publication or distribution of lit- not at all sure that history is directly legislative affairs might be canceled erature that in any way tends to pro- applicable to this situation. under this because they would be dis- mote public support for or opposition I think, for example, the require- tributing literature or facilitating the to any legislative proposal on which ments in the Interior appropriation organization of public support or oppo- congressional action is not complete. which he mentioned may not have ap- sition to measures that involved the Now I would hate to have to go plied to scientific and academic publi- Department of Energy. through the files of all of the letters, cations, and I would like to examine publications, memos of every agency in that situation to see if that is true. I really would like to request the the Department of Energy to see if in There is also the possibility that this gentleman to withdraw his amend- any way they tend to promote public would apply to nonprofit organizations ment, and, if he is unable to and wants support or opposition to any piece of which publish material that might af- to vote on it, why this may be our vote legislation that we are considering. fect legislation and which, by provi- of the day. This is a gargantuan task, and I am not sions of the Tax Code, are allowed if sure that we want to get ourselves in- they do not engage in it to too great an O 1240 volved in it. extent to use a small portion of their Mr. WALKER. Mr. Chairman, if the Now I think that the thrust of this is funds for lobbying, which this is in- gentleman will yield further, let me aimed at those agencies, including uni- tended to prohibit. I think that would say that I appreciate his doing that. versities which receive Department of be a serious flaw in this- The only thing that is covered are the Energy funds, but it is not sufficiently Mr. WALKER. If the gentleman funds authorized under this act. There spelled out to see just how this would would yield further, I am also referring are none of the funds for the lobbying bite. I think the gentleman, and cer- to title 18 of the crimes and criminal activities, for example, that are cov- tainly he is entitled to take this ac- procedures of the Federal Code of the ered by this act, so it would not pre- tion, if he wishes, has been upset by U.S. Code in which it also uses very vent the department from doing that. some recent university efforts to have similar language to this and goes even It only applies to funds under this act. an influence on this very piece of legis- further by suggesting that one cannot The rest of the funds may be covered lation, and I think that under some cir- even pay for personal service, adver- under provisions of the bill, but I would cumstances he might be justified. On tisements, telegrams, telephone, let- say to the gentleman that this is not the other hand, I think universities, ters, printed or other written matter, going to prevent the department from public service, public interest groups, any other device intended or designed doing those things the department tra- the National Taxpayers Union, others, to influence in any manner a Member ditionally does. some of which may or some of which of Congress or to favor-I mean there is may not have received Federal funding, language that goes even well beyond Mr. BROWN of California. Mr. Chair- should not have their first amendment this that is in the Federal Code, it man, I appreciate the gentleman's rights compromised unless there are seems to me, and this is called lobby- point, and I think I have made my posi- some very, very serious reasons for it, ing with appropriated monies. tion clear on the matter. and I do not think the circumstances So, what we have done here is simply The CHAIRMAN. The question is on here rise to that level. extended the prohibition that is in title the amendment offered by the gen- Mr. WALKER. Mr. Chairman, will 18 of the U.S. Code to the specifics of tleman from Pennsylvania [Mr. WALK- the gentleman yield? this bill, and I would suggest that once ER]. Mr. BROWN of California. I yield to again the Government does have the The question was taken; and on a di- the gentleman from Pennsylvania. ability to enforce those provisions. vision (demanded by Mr. WALKER) Mr. WALKER. Mr. Chairman, I want The CHAIRMAN. The time of the there were-ayes 7, noes 10. to tell the gentleman that this is lan- gentleman from California [Mr. BROWN] RECORDED VOTE guage that was lifted directly out of has expired. the Interior appropriations bill. It is (By unanimous consent, Mr. BROWN Mr. WALKER. Mr. Chairman, I de- language that we have dealt with in of California was allowed to proceed for mand a recorded vote. the Federal Government before. This is 2 additional minutes.) A recorded vote was ordered. the way in which we have spelled out. Mr. BROWN of California. In further The vote was taken by electronic de- The only thing that we have done here response to the gentleman from Penn- vice, and there were-ayes 187, noes 239, is added the penalty that says that one sylvania, Mr. Chairman, I think the in- not voting 13, as follows: August 19, 1994 CONGRESSIONAL RECORD-HOUSE 23315 Sabo Glickman McCloskey [Roll No. 412] Sanders poses, pursuant to House Resolution Gonzalez McCurdy Sangmeister AYES-187 Gordon McDermott 515, he reported the bill back to the Allard Morella Gr,en McHale Sarpalius House with sundry amendments adopt- Goodling Sawyer Andrews (NJ) Myers Gutierrez McKinney Goss Schenk ed by the Committee of the Whole. Archer Nussle lHall(O1) McNulty Grams Schroeder The SPEAKER. Under the rule, the Armey Orton Hall (TX) Meehan Grandy Schumer Bachus (AL) Oxley Hamburg Meek previous question is ordered. Greenwood Scott Baker (CA) Packard Hamilton Menendez Is a separate vote demanded on any Gunderson Serrano Baker (LA) Paxon Harman Mfume Hancock Sharp amendment? Ballenger Hansen Penny Hastings Miller (CA) Barrett (NE) Petri Sisisky If not, the Chair will put them en Hastert Hefner Mineta Bartlett Pombo Skaggs gros. Hayes Hilliard Minge Bentley Porter Skelton Hefey Hinchey Mink The amendments were agreed to. Bereuter Portman Slaughter Herger Hoagland Moakley Bilirakis Spratt The bill was ordered to be engrossed Hobson Pryce (OH) Hochbrueckner Mollohan Bliley Stark and read a third time, was read the Hoekstra Quillen Holden Montgomery Quinn Stenholm Blute Hoke Hoyer Murphy third time, and passed, and a motion to Boehlert Ramstad Stokes Horn Hughes Murtha reconsider was laid on the table. Boehner Ravenel Strickland Huffington Hutto Nadler Bonilla Studds Hunter Regula Inslee Neal (MA) Bunning Ridge Jacobs Norton (DC) Stupak Hutchinson Synar GENERAL LEAVE Burton Roberts Jefferson Oberstar Hyde Tanner Buyer Rogers Johnson (GA) Obey Inglis Tauzin Mr. BROWN of California. Mr. Speak- Callahan Rohrabacher Johnson. E.B. Olver Inhofe Taylor (MS) er, I ask unanimous consent that all Calvert Istook Ros-Lehtinen Johnston Ortiz Camp Roth Kanjorski Owens Tejeda Members may have 5 legislative days Johnson (CT) Thompson Canady Roukema Kaptur Pallone Johnson (SD) Thornton within which to revise and extend their Carr Royce Kennedy Parker Johnson. Sam Thurman remarks on H.R. 4908, the bill just Castle Santorum Kennelly Pastor Kasich Torres passed. Clinger Kim Saxton Kildee Payne (NJ) Coble Schaefer Torricelli King Kleczka Payne (VA) The SPEAKER. Is there objection to Collins (GA) Schiff Towns Kingston Klein Pelosi the request of the gentleman from Combest Traficant Klink Sensenbrenner Kopetski Peterson (FL) California? Condit Shaw LaFalce Peterson (MN) Tucker Klug Underwood (GU) There was no objection. Cox Knollenberg Shays Lambert Pickett Crane Unsoeld Kolbe Shepherd Lancaster Pickle Crapo Shuster Valentine Kreidler LaRocco Pomeroy Cunningham Velazquez Kyl Skeen Laughlin Poshard Vpnrn LEGISLATIVE PROGRAM Danner Lazio Smith (LI) Lehman Price (NC) Smith (MI) asked and was DeLay Leach Levin Rahall Visclosky (Mr. GEPHARDT Diaz-Balart Smith (NJ) Levy Lewis (GA) Rangel Volkmer given permission to address the House Dickey Lewis (CA) Smith (OR) Lipinski Reed Waters for 1 minute.) Doolittle Smith (TX) Lloyd Reynolds Lewis (FL) Mr. GEPHARDT. Mr. Speaker, I take Dornan Lewis (KY) Snowe Long Richardson waxman Dreier Solomon Lightfoot Lowey Roemer Wheat this time to inform the Members of our Duncan Spence Maloney Romero-Barcelo Williams plan for the rest of the day and pos- Dunn Linder Livingston Stearns Mann (PR) Wilson sibly tomorrow. Ehlers Lucas Stump Manton Rose Wise Emerson Swett Rostenkowski Mr. Speaker, we have been consulting Machtley Markey Woolsey Everett Talent Manzullo Martinez Rowland Wyden with the minority and members of the Ewing Margolies- Taylor (NC) Matsui Roybal-Allard Wynn committee and others that have been Fawell Thomas (CA) Mezvinsky Mazzoli Rush Yates involved with the crime Fields legislation, (TX) McCandless Thomas (WY) Fish Torkildsen NOT VOTING-- 3 and we believe that it is possible, with McCollum Fowler Upton McCrery Coleman Lantos Sundquist some luck, this afternoon to try to re- Franks (CT) Vucanovich McHugh Engel McDade Swift solve some remaining issues and to try Walker Franks (NJ) McInnis Faleomavaega Moran Washington Gallegly Walsh later today, and McKeon (AS) Neal (NC) Wahitten to get to conference Gallo Weldon McMillan Houghton Slattery with the help of the Chair and the Gekas Wolf Meyers ranking member and members of the Gilchrest Mica Young (AK) O 1359 Gillmor committee, and obviously the Senate Michel Young (FL) Mr. FINGERHUT, Ms. Gilman Zeliff PELOSI, Ms. conferees at that point, to be able to Miller (FL) Zimmer HARMAN, Mr. PALLONI Gingrich Molinari E, and Mrs. bring back a bill that might be able to Goodlatte Moorhead MINK of Hawaii changecd their vote command a majority of votes in the from "aye" to "no." House on tomorrow. NOES-239 Messrs. EWING, WALSIJOHNSON We are going to work very hard to do Abercrombie Deutsch I, Brown (FL) of South Dakota, BACHUSof Alabama, that. It may be that we cannot finish Ackerman Brown (OH) Dicks Andrews (ME) Dingell HAYES, and ORTON ch Bryant anged their that, and we will give Members 2 hours Andrews Dixon vote from "no" to "aye." (TX)Byrne or 3 hours notice once it is determined Applegate Cantwell Dooley So the amendment wasejected. r that we cannot go forward, or, obvi- Bacchus (FL) Cardin Durbin The result of the vote wa Baesler Edwards (CA) as announced ously, if we are moving forward, we Chapman Barca Edwards (TX) as above recorded. will be moving toward a conclusion to- Barcia Clay Clayton English The CHAIRMAN. If there are no fur- morrow. Barlow Clement Eshoo ther amendments to the bi Barrett (WI) Evans .11,under the Our plan would be to meet at noon Clyburn Barton Farr rule, the Committee rises. Collins (IL) tomorrow. For this purpose Members Bateman Fazio Accordingly, the Comi Collins (MI) nittee rose; should expect to be here at noon to- Becerra Fields (LA) Conyers and the Speaker, having Beilenson Filner assumed the morrow to vote on the crime bill con- Cooper chair, Mr. OLVER, Chair Berman Fingerhut man of the ference report. Coppersmith Bevill Flake Committee of the Whole I Costello louse on the In a moment, if there are not more Bilbray Coyne Foglietta State of the Union, reported that that questions, I will ask unanimous con- Bishop Cramer Ford (MI) Committee, having hadder un consider- sent to go to conference. Blackwell Darden Ford (TN) Bonior Frank (MA) ation the bill (H.R. 4908)to authorize Mr. MICHEL. Mr. Speaker, will the drela Garza the hydrogen and fusion I Borski de Lugo (VI) Frost research, de- gentleman yield? Boucher Deal Furse velopment, and demonst Brewster Gejdenson tration pro- Mr. GEPHARDT. I yield to the gen- DeFazio grams, and the high energyphysics and tleman from Illinois. Brooks DeLauro Gephardt nuclear physics programs Browder Dellums Geren of the De- Mr. MICHEL. Only that I might ad- Brown (CA) Derrick Gibbons partment of Energy, andor fother pur- vise Members, and particularly on our 23316 CONGRESSIONAL RECORD-HOUSE August 19, 1994 side, as contentious as the issue is, those unanimous-consent requests on APPOINTMENT OF ADDITIONAL that the Speaker has consented to in- this side of the aisle then. Is that your CONFEREES ON H.R. 3355, VIO- clude our former Governor, MIKE CAS- understanding? LENT CRIME CONTROL AND LAW TLE, as a conferee, because he has been Mr. GEPHARDT. That is my under- ENFORCEMENT ACT OF 1993 in counsel with a number of those standing. Obviously the gentleman un- The SPEAKER. Pursuant to rule X, Members on our side who have maybe derstands if we come to an agreement, the Chair appoints as additional con- little differing views than the majority we would need to bring that up tomor- ferees to the bill (H.R. 3355) to amend on our side, but, nonetheless, are im- row. If we cannot come to an agree- the Omnibus Crime Control and Safe portant to be aired. So we are going to ment, we would have to go into next Streets have a voice in the conference. Act of 1968 to allow grants to week and go through the normal proce- increase police presence, to expand and The distinguished chairman of the dure to do that. committee, I am sure, will certainly improve cooperative efforts between Mr. SOLOMON. I thank the gen- law enforcement agencies and members allow those expressions to be made in tleman for clearing that up. what would be considered to be an open of the community to address crime and conference, but narrowed down to the disorder problems, and otherwise to en- hance public safety, the following scope of the issues that are really at RECOMMITTAL OF CONFERENCE hand, Members: Mrs. SCHROEDER, Mr. FRANK as distinguished from just a wide REPORT ON H.R. 3355, open conference where we could not VIOLENT of Massachusetts, and Mr. CASTLE. tell if we will be out of here by Christ- CRIME CONTROL AND LAW EN- The Clerk will notify the Senate of mas. That would be nonsensical at this FORCEMENT ACT OF 1993 the change in conferees. juncture. We have had enough discus- Mr. GEPHARDT. Mr. Speaker, I ask sion here I think to have those issues unanimous consent that the conference O 1410 narrowed down pretty finitely on both report on the bill, H.R. 3355, to amend sides. the Omnibus Crime Control and Safe NOTIFICATION OF PLANS OF COM- As the distinguished majority leader Streets Act of 1968 to allow grants to MITTEE ON RULES RELATING TO says, you know, working in good faith, increase police presence, to expand and CONSIDERATION OF H.R. 2866, nothing ventured, nothing gained. And improve cooperative efforts between HEADWATERS FOREST ACT the sooner we get started, the sooner law enforcement agencies and members (Mr.MOAKLEY asked and was given and better I think we can eventually of the community to address crime and permission to address the House for 1 get it resolved. disorder problems, and otherwise to en- minute.) My concern to having any further hance public safety, be considered as Mr. MOAKLEY. Mr. Speaker, I would delay is once you go over the weekend, recommitted to conference. like to notify Members of the Rules you can just eat up all next week, be- The SPEAKER. The gentleman from Committee's plans regarding H.R. 2866, lieve me. So you are better off, in my Missouri [Mr. GEPHARDT] asks unani- Headwaters Forest Act. judgment, doing the very best we can, mous consent that the bill, H.R. 3355, and The Rules Committee is planning to everybody praying that they can be recommitted to conference. meet the week of August 22, to con- get some agreement. It is possible they Is there objection to the request of sider the bill. In will not, but if order to assure timely you never get started, the gentleman from Missouri? consideration of the bill on the floor, you will never get anywhere. There was no objection. So I would certainly support what the Rules Committee may report a rule the distinguished majority leader said, ---- *L--- that limits the offering of amend- and I appreciate the cooperation of the ments. Speaker in meeting our requests. WAIVING TWO-THIRDS VOTE RE- Any Member who is contemplating Unless there are any other inquiries? QUIREMENT TO CONSIDER RE- an amendment to H.R. 2866 should sub- Mr. GEPHARDT. I would just inform PORT FROM COMMITTEE ON mit, to the Rules Committee in H-312 Members that if these unanimous re- RULES ON SATURDAY, AUGUST in the Capitol, 55 copies of the amend- quests are approved, there will not be 20, 1994 ment and a brief explanation of the further votes this afternoon, pending Mr. GEPHARDT. Mr. Speaker, I ask amendment no later than 5 p.m. on the outcome of this bill that is under unanimous consent that the require- Monday, August 22, 1994. consideration right now. However, if ment of clause 4(b) of rule XI for a two- Amendments should be drafted to bill the unanimous-consent requests are thirds vote to consider a report from as introduced. not approved, we would have two addi- the Committee on Rules on the same We appreciate the cooperation of all tional votes to try to recommit the bill day it is presented to the House be Members in this effort to be fair and to conference. waived on the legislative day of Satur- orderly in granting this rule. Mr. SOLOMON. If the gentleman will day, August 20, 1994, with respect to yield, the gentleman has a second any resolution providing for consider- unanimous-consent request. If I might REMOVAL OF NAME OF MEMBER ation or disposition of the conference AS COSPONSOR OF H.R. 4291 just clarify, since there are many peo- report to accompany H.R. 3355. ple on different sides of this issue, and The SPEAKER. Is there objection to Mr. STUMP. Mr. Speaker, my name it might relieve their concerns a little the request of the gentleman from Mis- was incorrectly added to the list of co- bit, the second request that the major- souri [Mr. GEPHARDT]? sponsors of H.R. 4291 and I ask unani- ity leader is going to make is going to There was no objection. mous consent that my name be re- waive the two-thirds requirement that moved from the list of cosponsors of a rule could be brought up the same H.R. 4291. day, that being tomorrow, the same The SPEAKER pro tempore ADJOURNMENT (Mr. day. TO SATURDAY, KOPETSKI). Is there objection to the re- In that unanimous-consent request, AUGUST 20, 1994 quest of the gentleman from Arizona? it will state clearly that this is only Mr. GEPHARDT. Mr. Speaker, I ask There was no objection. waiving the two-thirds for a conference unanimous consent that when the report to come to the floor that is House adjourns today, it adjourn to agreed to by the minority. Should that meet at noon tomorrow, Saturday, Au- OMNIBUS CRIME CONTROL ACT OF conference report not be agreed to by gust 20, 1994. 1994 the minority, then the two-thirds waiv- The SPEAKER. Is there objection to (Mr.BILIRAKIS asked and was given er would not be in effect. the question of the gentleman from permission to address the House for 1 So I just wanted to make that clear. Missouri [Mr. GEPHARDT]? minute and to revise and extend his re- I believe we are going to support both There was no objection. marks and include extraneous matter.) August 19, 1994 CONGRESSIONAL RECORD-HOUSE 23317 Mr. BILIRAKIS. Mr. Speaker, con- and sheriffs always pleading for more cops? the last time your local police made an ar- trary to what some have been saying Wouldn't they be jumping through hoops of rest for hijacking an airplane? about it in the past few days, the crime fire to get their share of the bill's promised And this: "The federal government has had bill presented to Members last week 100.000 new police officers? a death penalty all along, but I haven't seen didn't fool the law enforcement com- Well. no. Interviews with more than a 'em executing anyone." McCabe said. dozen senior law enforcement officials in the Another controversial provision of the bill munity in Florida, according to an ar- Tamps Bay area this week revealed consider- would ban 19 types of assault weapons. Trou- ticle in Wednesday's St. Petersburg able doubts and even more ambivalence to- ble is. there aren't many crimes committed Times, which I am entering into to- ward the bill. And if their lukewarm re- in the Tampa Bay area with assault weap- day's RECORD along with this state- sponses are any indication. Clinton's task in ons. ment. rescuing the bill will not be easy. "In Manatee County there's never been a The Times reported that interviews Take Hillsborough Sheriff Cal Henderson. person murdered with an assault weapon- with more than a dozen senior law en- He's a Democrat. and he likes much of and I've checked." said Wells. forcement officials revealed "consider- what's in the bill. But he does not agree with "The politicians are more interested in its centerpiece-those 100.000 officers. That's seeing who can be the toughest on crime able doubts and even more ambivalence simply not the No. 1 priority right now, he rather than trying to solve the problems." toward the bill." said. Stephens complained. Still. he is dis- The Pinellas-Pasco State attorney "And I'm not in the minority in saying appointed the crime bill has faltered. For noted that "there is just so much fluff that. * * * At this point the more important one, he has heard that his department stands in there * * * it's hard to get excited thing is the prison beds and (juvenile) deten- to collect S1.3-million of the bill's S7.4-billion about it." tion facilities." in crime prevention money. Yet even Ste- The president of the Florida Sheriff's His deputies are arresting the same offend- phens has largely stayed on the sidelines of Association-which hasn't even dis- ers over and over and over, he said. More the political battle over the bill. Other than cussed the bill at its meetings-said it deputies means more arrests, but no real a phone call to the office of U.S. Rep. C.W. change, he said. No real impact. Bill Young, an Indian Rocks Beach Repub- was packed with "feel-good, look- "Give me a break." said Manatee Sheriff lican. Stephens has not lobbied local dele- good" social programs that are a waste Charlie Wells. a Republican. "A 100,000 police gates. of tax dollars. One sheriff doesn't agree to arrest people to put 'em where? To put Tampa police Chief Bennie R. Holder, an- with the hiring of 100,000 officers. He 'em where?" other supporter of the bill and a Democrat to said his deputies are arresting the Wells knows the bill contains billions for boot, hasn't lobbied Florida's delegation ei- same offenders over and over again, but new prisons. But if he were Clinton, he would ther. But then. his department already se- have nowhere to put them. He said take every cent of that money for the 100.000 cured a federal grant to hire 30 community "prison beds are more important." police officers and put it all into drug treat- policing officers. One police chief noted that "the poli- ment and prison beds, he said. Wells, a Republican, is president of the And this is a sheriff talking. Florida Sheriffs Association, which decided ticians are more interested in seeing There's another reason local police offi- not to take a position on the crime bill. who can be the toughest on crime rath- cials aren't scrambling over each other for He said the association would have backed er than trying to solve the problems." Clinton's 100.000 officers. Yes. the federal the bill. but then the politicians packed it These people know the score, Mr. government would help pay for the officers. with "feel-good look-good" social programs Speaker, they put their lives on the But only for a few years. Then it's up to that are a waste of tax dollars. Like the $40- line every day. Let's get serious around local governments to pay their full salaries million in the bill to sponsor midnight bas- here and put together a crime bill that and benefits. ketball leagues for kids. is not a crime itself. That's what frightens Terry Chapman. act- "Why do I need the president of the United ing police chief of the Brooksville Police De- States telling me I need midnight basket- [From the St. Petersburg Times, Aug. 17. ball?" Wells asked. 19914] partment. which employs 17 police officers on a budget of a little more than $1-million. "They convoluted a perfectly good bill. POLICE. SHERIFF OFFICIALS ARE COOL TO Sure. he would love to get a piece of the Even the Democrats among the sheriffs, they CRIME BII, S8.8-billion set aside for those 100.000 new of- aren't pushing for it." (By David Barstow) ficers. Just three more officers would allow So what will Wells do if the bill passes? Look at all the goodies for Florida: $410- him to beef up his department's community Will he ask for more deputies? Will he try for million to hire new cops. Another $380-mil- policing efforts. some of that basketball money? lion for prisons. At least $200-million for "But you're looking at $90.000 a year for Wells chuckled: "If this passes. I'll be right crime prevention. three officers. You add S90.000 on your budget there with my hands out just like everyone It's all there, tucked away in President and now you've created a severe problem." else." Clinton's massive S33-billion crime bill. And he said. "We're working on a very. very tight it's all at stake this week as Clinton fights budget." to rescue what he calls the "toughest, larg- So tight that he can't see asking his City AARP ENDORSEMENT OF HEALTH est" crime bill ever written. Council for those three new officers. 'They REFORM The bill suffered a key defeat last week put these big numbers out. these big figures. with several surprise "no" votes coining (Mr. MILLER of Florida asked and but people don't realize the hidden costs of was given permission to address the from Florida representatives. Yet state and these grants." House for 1 minute and to revise and local law enforcement officials-in theory Darrel Stephens has the same problems as Clinton's natural allies-are silent as tomb- Chapman. only on a larger scale. He is chief extend his remarks and include extra- stones at this most crucial of junctures. of the St. Petersburg Police Department. neous material) They're not lobbying for it. Last year, his department applied for a fed- Mr. MILLER of Florida: Mr. Speaker. They're not losing sleep over it. They're not even sure it'll do that much eral grant to hire 18 more officers for com- I have in my hands a letter that of my good. munity policing. The department didn't get colleagues-including the entire Re- There's never been a federal crime bill the money. Under Clinton's crime bill. it publican leadership-sent to Mr. Hor- since I've been in the system that's made a probably would. ace Deets of the AARP. How could the But Stephen.; said he's not certain he will hill of beans of difference." said Pinellas- Washington staff of the AARP endorse resubmit the application even if the bill be- Pasco State Attorney Bernie McCabe. Clinton-Gephardt before the details of "There's just so much fluff in there. * * * comes law. Not because lie no longer needs It's hard to get excited about it." the 18officers. It's just that he's not sure the the health bill had even been drafted. The Florida Sheriffs Association hasn't city can afford to pick up the long-term How could the AARP endorse some S380 even discussed the bill at its meetings. "It costs of the new officers-about $900.000 a billion in Medicare cuts. Why would doesn't really mean much to us." said Harold year. the AARP endorse a bill that so clearly Sample, executive assistant to Pasco Sheriff "That'sa problem." threatens senior citizens with rationed Lee Cannon. There are other problems. For many police health care? And perhaps most impor- Asked if he supported Clinton's crime bill. officials here, the headline-grabbing ele- tantly, we wanted to know why the Pinellas Sheriff Everett Rice said: "I really ments of the bill have little, if anything. to AARP would endorse Clinton care don't know. I haven't formed an opinion on do with local 'rime rates. For example, tle it." bill would greatly expand the number of fed- when the AARP's own polls show that What's going on here? Isn't crime the No. eral crimes for which the death penalty senior citizens have rejected this Gov- 1 concern among voters? Aren't police chiefs could be used. Big deal. they say. When was ernment takeover of healthcare. 23318 CONGRESSIONAL RECORD-HOUSE August 19, 1994 We are still waiting for an answer the following Members will be recog- an independent regulatory agency that has au- from Mr. Deets, but we have heard nized for 5 minutes each. thority over unfair and deceptive commercial plenty from former AARP members. I practices under the Federal Trade Commis- sion Act (15 U.S.C. 45 et seq.). As well, State received over 150 angry calls the morn- THE TICKET FEE DISCLOSURE ACT ing after the AARP's surprise endorse- attorneys general are empowered under the OF 1994 ment. Ray Stanclift of Sun City, FL, bill to enforce the prohibition on behalf of af- told me "Mr. Deets does not represent The SPEAKER pro tempore. Under a fected residents in their States. In this regard, me with such an endorsement." It is previous order of the House, the gen- the bill parallels other commercial practices time for AARP to speak for their mem- tleman from Michigan [Mr. DINGELL] is legislation developed by the Committee on En- bership rather than serving as lobby- recognized for 5 minutes. ergy and Commerce during the past few ists for Clintoncare. Mr. DINGELL. Mr. Speaker, I am pleased to years, including the Telephone Disclosure and Mr. Speaker, I submit this letter to introduce today, along with my colleagues, Dispute Resolution Act, enacted in 1992, deal- include for the RECORD. Representative GARY CONDIT and Representa- ing with so-called 900 telephone numbers and HOUSE OF REPRESENTATIVES, tive AL SWIFT, the Ticket Fee Disclosure Act of other pay-per-call services, and the recently Washington, DC,August 11. 1994. 1994. enacted Telemarketing and Consumer Fraud Mr. HORACE B. DEETS. This legislation will provide American con- and Abuse Prevention Act. Under the Federal Executive Director.American Association of Re- sumers appropriate and timely disclosure of Trade Commission Act, the Commission is au- tired Persons,Washington, DC. convenience fees, service charges, and other DEAR MR. DEETS: We are writing to express thorized to issue cease and desist orders in amounts often added to the face value of en- appropriate cases and to impose civil pen- our complete dismay over the AARP's deci- tertainment and sporting event tickets. An esti- sion to endorse the Clinton/Gephardt health alties of up to $10,000 for each violation of the care plan, legislation that contains key pro- mated 400 million such tickets were sold last law. visions that would dramatically reduce the year-more than double the amount sold just This is a modest effort to protect consumers quality of and access to care currently en- 3 years ago. As ticket sales have increased, by requiring disclosure. I thus cannot imagine joyed by senior citizens. Amazingly, your en- so too have the methods used to sell the mar- that reasonable and responsible businesses dorsement came before the language of the ket such tickets. Indeed, with the advent of the will object to enactment of this legislation. bill had even been drafted. communications superhighway, sellers of en- Representative SWIFT has informed me that Now that the details of the bill have been tertainment tickets likely will have many addi- released, the members of the AARP are hearings on this legislation by the Subcommit- going to be surprised that the Washington tional avenues available to them that are not tee on Transportation and Hazardous Mate- staff has endorsed a bill that contains over feasible today. rials will take place in September. I look for- $380 billion in Medicare cuts over nine years. This legislation does not inhibit these new ward to prompt consideration and enactment while expanding Medicare coverage to an ad- and innovative approaches nor does it inhibit of this bill so that American consumers will be ditional 95 million Americans. The new Med- the growth of the entertainment and sporting better informed about add-on charges that icare Part C extends coverage to the unem- industries or marketing firms that are associ- they pay for entertainment and sporting event ployed, part-time and'seasonal workers and ated with such industries. Rather, this simple tickets. small businesses, creating a huge new enti- legislation merely seeks to inform the ordinary tlement class to compete with senior citizens consumer who purchases these tickets of any for scarce federal dollars. Clinton/Gephardt AN APPRECIATION FOR BIPARTI- also contains global budgets and price con- additional charges or fees that are assessed trols that will lead to rationing of care. And above the face value of any such ticket. SAN COOPERATION: MAY THERE senior citizens understand-even if the Wash- The Subcommittee on Information, Justice, BE MORE ington staff of the AARP doesn't-that they Transportation, and Agriculture, which Rep- The SPEAKER pro tempore. Under a are most vulnerable to such government ra- resentative CONDIT chairs, recently held hear- previous order of the House, the gen- tioning schemes. ings regarding these and related issues. tleman from California [Mr. HORN] Poll after poll-including the AARP's own is surveys-show that senior citizens have re- These hearings have raised questions about recognized for 5 minutes. jected the Clinton approach to health care the competitive nature of firms engaged in Mr. HORN. Mr. Speaker, I was de- reform. Yet, the AARP plans to spend mil- ticketing practices, some of whom have exclu- lighted to see the example of biparti- lions of dollars of their members dues to con- sive contracts with stadiums, theaters, and san cooperation which was entered in vince AARP members they are wrong about other entertainment venues. While the legisla- this afternoon by both the Democratic Clinton/Gephardt. tion we introduce today does not address and Republican leaders and the Speak- It may be politically expedient to ram these competitive issues-some of which are er. Clintoncare down the throats of America's seniors before they are given the details of beyond the jurisdiction of the Energy and The crime bill is an immensely im- the legislation, but it is no way to fix the Commerce Committee-the recent hearings portantly piece of legislation for most health care system. We would have thought have pointed out that ordinary ticket consum- who live in urban America. Increas- the AARP's leadership would have learned ers may be subjected to increasing conven- ingly, we have seen crime move from something from their ill-fated endorsement ience or service charges levied for the benefit urban America to suburban and even of catastrophic coverage in 1988. Upon learn- of the ticketing agent or the venue. The legis- rural America. ing the details of that legislation, seniors lation does not attempt to address the issue of At last we have an effort on both overwhelmingly demanded its repeal. whether any of these additional fees are rea- sides to reach constructive agreement This is not the first time the Washington staff of a major organization has lost touch sonable or justified-indeed, such fees could as to how we might improve this bill with the people they ostensibly represent. reflect an appropriate value to the consumer and have a very effective piece of legis- But this case is different because the AARP for certain services provided-but merely lation. is so influential, and the stakes in the health seeks to notify the consumer who seeks to Basic to those negotiations is the be- care debate are so large. A recipient of $86 purchase tickets of the existence and amount lief that the people at the local level million in government grants last year, of these add-on charges. and their elected officials-the city America's largest lobby has apparently for- This legislation makes it unlawful for per- councils, the mayors, and the city gotten who it is they represent. America's sons who sell or resell entertainment or sport- managers-know seniors deserve better. best what is needed in Sincerely, ing event tickets: One, to fail to disclose to the their community. They will know DAN MILLER, purchaser-prior to the purchase of any such where the line should be drawn be- and 67 other Congressmen. ticket-any fee, charge, or other assessment tween enforcement and prevention pro- to be imposed in excess of the face amount grams. Both are needed. The question of the ticket, and two, to fail to have the is: In what proportion and how effec- SPECIAL ORDERS amount of any such fee, charge, or assess- tive will a particular program be? The SPEAKER pro tempore. Under ment printed on the ticket or on a receipt evi- I am delighted to say that this is the the Speaker's announced policy of Feb- dencing any such ticket sale. first major bipartisan effort I have seen ruary 11, 1994, and June 10, 1994, and Under the bill, this Federal prohibition will be since NAFTA-the North American under a previous order of the House, enforced by the Federal Trade Commission, Free-Trade Agreement. I think it bodes August 19, 1994 CONGRESSIONAL RECORD-HOUSE 23319 well for the country. Certainly, the ment based on the Chapman-McCollum lan- cause I do not think there is any likeli- President and the Members of his staff guage in the current bill. hood that the cruel oppressive viola- who have been involved deserve credit Other policy changes that we believe are tion of human rights policies of Fidel crucial include: Dunn/Zimmer sexual preda- for that realization. tors provision; Gekas death penalty proce- Castro are going to change any time I hope the President will take bipar- dures; Molinari-Dole provisions on evidence soon. tisan cooperation seriously in the fu- of prior sex offenses: Eliminate retroactivity Inevitably, there are going to be peo- ture. He is at a crossroads in his Presi- in mandatory minimum sentencing reform ple who are trying to get away from dency. We want him to be a successful for drug offenders; Gramm provision making the Castro regime especially at a time President. He is the Nation's President, a separate federal offense the use of a gun in when the country's economy is crum- and if you are going to be successful, committing a state crime; and Simpson pro- bling very rapidly because they have you have to enter into bipartisan co- vision on expedited deportation of criminal lost aliens. some of the special arrangements operation from the beginning. As Sen- Policy changes that we suggest include: they had with the former Soviet client ator Vandenberg said in the 1940's, you Mandatory HIV testing in rape trials; Schiff states. have to be in on the takoffs, not just provisions on treatment of juveniles; and O 1420 the crash landings. Nickles provision mandating victim restitu- The crime bill can be a takeoff, if tion. These are very tough times for Cu- these negotiations are successful. I We believe that if these changes are made bans in Cuba, Mr. Speaker, and it ap- think most of us in this Chamber on to the crime bill, we can arrive very quickly pears that now we have altered our pol- at a bipartisan solution to the current im- both sides of the aisle wish those con- icy to deal with their expression of try- passes that will have a significant impact on ing to get away, but we really have not ferees well. reducing violent crime in the United States. I particularly want to thank the We look forward to working with you toward explained it very well. Mr. Speaker, I Speaker for naming a colleague, fellow this important goal. hope that the American people will be freshman, former Governor, the gen- Sincerely, as curious as I am and asking the spe- tleman from Delaware [Mr. CASTLE], as Susan Molinari, John Porter, Wayne cific questions, as one reporter did of a conferee. MICHAEL CASTLE has done a Gilchrest. Scott Klug, Clay Shaw. Mi- the President, saying "Where specifi- splendid job in bringing people to- chael N. Castle. James, T. Walsh. Ste- cally are these safe havens going to be, phen Horn. Deborah Pryce, Curt Mr. President," and the President was gether and putting an agenda together Weldon. James A. Leach. David A. that reflects the views of the great ma- unable to say anything further except Levy, Peter T. King. James C. Green- "Guantanamo and other places we are jority, I feel, in this Chamber. wood. Herbert H. Bateman, Dick Zim- I wish that conference well and hope- mer, Ileana Ros-Lehtinen. Peter G. working on." fully by tomorrow afternoon we will Torkildsen. John R. Kasich. Rick The second point needs to be made, have a constructive piece of legislation Lazio. David L. Hobson, C.W. Bill and I do not think the President re- before us-a bill we can approve. Young. Bob Franks. Gary A. Franks. sponded to the question that I think I Mr. Speaker, I would like to include Jim Saxton. Tillie K. Fowler. Paul heard asked, and that is "Why don't we Gillmor. Ron Machtley. Olympia for the RECORD a letter which a group tighten up the embargo, the sanctions Snowe, Porter J. Goss, Michael of Republicans sent to the President on trade and commerce, with Fidel Huffington, Chris Smith, and Jim Castro the same way we have tightened yesterday which outlines some of the Ramstad. proposals that are being made in the them up on Haiti, which is nowhere conference that will soon be underway. near as serious a problem in terms of HOUSE OF REPRESENTATIVES, CUBA our national security or in terms of the Washington, DC, lAugust 18. 19941. The SPEAKER pro tempore. Under a friendly relations we have had with Hon. WILLIAM J. CLINTON, previous order of the House, the gen- that country over many years. Presidentof the United States, tleman from Florida [Mr. GOSS] is rec- Yes, we have an illegal leadership The White House, Washington,DC. ognized for 5 minutes. going on in Haiti that is comprised of DEAR MR. PRESIDENT: We have been work- Mr. GOSS. Mr. Speaker, I just want- a military junta, but it has certainly ing for quite some time on arriving at a com- never taken to hostility in the way promise on the crime bill that will command ed to take a moment to say that I think many Americans have just ob- Fidel Castro has exhibited. Yet we are an overwhelming majority of votes in the necks, spending House. We believe that the crime bill should served the President of the United really breaking our not be passed by merely a vote or two along States doing a press conference on the many, many dollars trying to tighten essentially party lines. We must pass a con- situation in Cuba, among other things. the noose around Haiti, a small friend- sensus crime bill and move together toward The President has indicated that we ly neighborins country in the Carib- solving our Nation's serious violent crime are basically adopting a different pro- bean, and we are not giving those same problem. cedure toward people who are trying to types of efforts to tighten the embargo We met with several representatives from flee from the oppression of Castro's down on Cuba. White House and the Justice Department the Cuba. Apparently we are going to di- I would point out that friendly coun- today in order to reach such a compromise tries like Mexico, Jamaica, Spain, on a consensus crime bill. Specifically, we vert people who are leaving Cuba to get informed these representatives that a crime away from that oppression to other other Latin American countries are bill based on the following points could com- safe haven areas. freely carrying on commerce, sort of mand a significant number of Republican Unfortunately, we have not had any flaunting the embargo at us. It seems votes: specifics of that. We need to know what to me that one of our areas of diplo- First. delete the Brooks' provision for those safe haven areas are going to be. macy clearly ought to be to get the co- Lamar University. The President specifically men- operation of our allies to get serious Second, cut a minimum of $3.5 billion from Speaker, that they were about getting tough on Fidel Castro's the social spending in the bill. tioned, Mr. Third. in order to achieve this cut. we urge going to use Guantanamo Bay, which I regime. the creation of a block grant for the police suppose makes some sense because that I think the final problem, Mr. Speak- funding and the social spending/prevention is in Cuba. The problem with using er, is 1 surely hope that we come up funding at approximately $12 billion. Under Guantanamo Bay, of course, is that it with a better program to deal with for- this approach, states and cities could decide may violate some of the contractual eign policy in the Caribbean than we for themselves how best to use this money to arrangements we have on that base. have been seeing in the Clinton admin- fight crime. The other serious problem is that istration so far. It is not that we have Fouth. prison funding must be set at $10.5 there are already about 15,000 Haitian not tried to give them advice and good billion (all from the crime reduction trust like they are fund) for construction of new state prisons or refugees as a result of our problem pol- suggestions. It just seems boot camps only (no funding for alternative icy with regard to Haiti. So it seems to not listening. forms of incarceration beyond these two cat- me that there is going to be a need to We may very well be looking at the egories), with a truth-in-sentencing require- find some additional safe havens, be- prospect of people in the Florida 23320 CONGRESSIONAL RECORD-HOUSE August 19, 1994 Straits trying to get away from Fidel Paul the Apostle in the Bible says, House and the other body. Some of the Castro and people in the Windward "When you talk of sinners, I am the provisions which were altered or elimi- Passage trying to get away from the chief," and I am a heck of a lot worse nated include-and let me go over misery we are producing in Haiti, and than he was, so I am the last person to them, if I may-a measure which in the our United States Coast Guard and be talking about this, but we have lost House was supported by a 407 to 13 ma- Navy and a tent city on Guantanamo, our moral compass in America. jority, requiring notification of neigh- all at a time when the third hurricane We are not going to solve the prob- borhoods that released sexual preda- of the season hits next week. Let us lem just by passing legislation. We tors were living in neighborhoods, in pray that does not happen, Mr. Speak- have to turn back to the Good Lord. It individuals' neighborhoods, was strip- er, and let us pray that we get some says up here "In God We Trust," but ped from the bill. foreign policy out of the State Depart- boy, we pass legislation all the time in Mandatory minimum sentences for ment before then. I think it is impor- this place and we do not pay much at- criminals committing felonies with a tant. tention to that, what it says up there firearm was also taken out of the con- behind the lectern. ference report. Mandatory minimum In Second Chronicles in the Bible, sentences for adults who sell drugs to AMERICA MUST RETURN TO FUN- chapter 7, verse 14, it says: minors or use minors in drug crimes DAMENTAL MORAL AND RELI- If my people who are called by my name was eliminated from the bill. GIOUS VALUES will humble themselves and pray and seek A provision requiring mandatory res- The SPEAKER pro tempore. Under a my face and turn from their wicked ways. titution to victims of violent crimes previous order of the House, the gen- then I will hear from heaven and forgive was also dropped. Provisions to help tleman from Indiana [Mr. BURTON] is their sins and heal their land. convict prior rapists and child abusers recognized for 5 minutes. We need as a country to start realiz- were rejected, despite a House floor Mr. BURTON of Indiana. Mr. Speak- ing that. If we start turning back to vote here of 348 to 62 to allow the ad- er, we have been talking about this the precepts of God, and the Holy missibility of critical evidence. The crime bill now for a long, long time. Bible, and the Koran, and the New Tes- provision to deport criminal aliens im- Now we are going to be here through tament, if we start turning back to the mediately after they leave prisons was Saturday and maybe into next week. I things that made this country great also rejected and taken out of this con- think the American people are very and start believing in the fundamental ference report. concerned about crime. I think every- morals that made this country great, The language of the gentleman from body is. then things will start getting better. Pennsylvania [Mr. GEKAS] on proce- However, Mr. Speaker, I want to tell No amount of legislation is going to dures to be used in imposing the death you a story. Last night I bought a change things until we realize that penalty was dramatically weakened, movie that I had seen when I was a fact. despite the House's unanimous vote to boy. It starred a guy named Joel keep the original Gekas language. In- McCrea. He was a western star. stead, the conferees opted for language The name of the movie was called CONFERENCE COMMITTEE CAN that makes it easier for a convicted "Stars In My Crown." It is a story STRENGTHEN WEAKENED CRIME murderer to have his sentence over- about a western minister who came BILL turned or appealed. back from the Civil War, and he started The SPEAKER pro tempore. Under a E 1430 preaching in this small western town. previous order of the House, the gen- Now the conference committee will It is one of the best movies I have ever tleman from Florida [Mr. MICA] is rec- reconvene and it is so important for seen. ognized for 5 minutes. this House and for this Congress and It had a very strong moral story to Mr. MICA. Mr. Speaker, as the Rep- the credibility of this whole issue be- it. In one scene in the movie, he goes resentative for Florida's seventh Con- fore the American people that these is- into a schoolhouse at the beginning of gressional District, I have the respon- sues in that conference be addressed the school year and he talks to a bunch sibility to carefully review legislation and corrected. Furthermore, the con- of schoolchildren about studying and as it is presented to this House. After I ference report expanded funding as we about being a good, moral person, and reviewed the 972 pages of the crime bill now know its history from the other he did a little prayer in the school. which was produced by the conference body which included $22 billion for po- One of the problems that I have with committee, it was my strong opinion lice, prisons, prevention and treat- the crime bill and legislation we pass that this measure should be returned ment, all of which I supported. In this around here is that it is a solution that to the conference committee, and that House we had included $27 billion for is peripheral in nature. It is not going it also was in the best interests of the similar measures. I could not in good to solve the problem. We are not going citizens of my district and all Ameri- conscience support the vast array of to solve crime in America by passing cans, and we did that just a few min- new programs which pushed spending this crime bill. utes ago. in this total conference report to $34 We are not going to solve crime in However, on April 21, 1994, I voted for billion. The longer the public looked at America by spending $9 billion more a crime bill based on my hope that the this, the longer the media looked at for social programs or by doing away strong provisions would be retained this, the longer Americans looked at with people's rights to have weapons. that we passed in this House, and the this, the more problems they saw with We are not going to solve the problems objectionable, weaker measures would this type of social agenda spending. in America until we start changing the be eliminated. What occurred, however, Now we have an opportunity in a bi- moral attitude of this country. as we know is now history in con- partisan fashion to correct that. Mr. This country has lost its moral ference committee, was unfortunately Speaker, I favor a strong, effective underpinnings. We do not have prayer a sad mistake. crime bill which I know you and other in school anymore. Kids do not have It is my great hope for this House Americans support. It is my hope that any real moral guidance. They grow up and also for the country that we can this conference can carefully evaluate with a steady diet of pornography and now correct that mistake with the ac- the provisions of any future crime leg- all kinds of things we would not accept tion that took place just a few minutes islation we bring before the House and when we were kids. We wonder why ago here on this floor. the other body on the basis of effective- crime has been on the increase. Regrettably, as we know, the House ness and wise expenditures for the Mr. Speaker, I do not believe that we conference committee and Senate con- hard-earned taxpayer dollars that we ought to be preaching from the well of ference committee weakened most of spend here in the Congress. the House. I am the last person, I the major enforcement and penalty I would like to see a strong, effective think, that ought to be doing that. provisions of bills that passed both this crime bill, the people of my district August 19, 1994 CONGRESSIONAL RECORD-HOUSE 23321 would like to see a strong, effective terested. I wondered if Saddam Hussein et. continually debated the so-called crime crime bill, and let me say our hearts al. might be. I thought you or your col- bill. If you read the papers or you talk ache for the victims of crime and vio- leagues might wish to check it out. to the people back home, it becomes lence. But, ladies and gentlemen, we With the mention of Saddam Hussein apparent that neither has focused on have a responsibility in the next 24 our American officials finally under- what I consider the real issues. I am hours and in the days ahead not only to stood the threat of the sale of the getting calls back home and they are legislate with our hearts but also with equipment but, not before Japan be- saying, is this the NRA? Is this all our minds. came involved. The article pointed out about the NRA? Or they call and they Mr. HUGHES. Mr. Chairman, will the that an agent of Mr. Johansen turned say, "No midnight basketball." Or they gentleman yield? up a Japanese potential buyer who call and they talk about the need for Mr. MICA. I yield to the gentleman wanted the related documents. Mr. Jo- more police. In the last day or two, I from New Jersey. hansen obliged, and called the Idaho have been asked by press back in my Mr. HUGHES. I was just in the back laboratory and asked for the docu- district, "Are you going to cut $2 bil- of the Chamber and I thought I under- ments. lion off this? Are you going to cut S1 stood the gentleman to say that there The people at the lab didn't catch on billion? If you cut 4, would you vote for were no provisions in there to notify even then, but told him the documents it?" the public over the presence of sexual were probably classified. What makes This is not really about whether we predators or those that commit sexual the story even worse is the fact that spend $33 billion or $26 billion. It is offenses in the conference report on the Mr. Johansen followed instructions about whether this is a crime bill, crime bill. from someone at the lab and faxed a re- whether this is a wise use of money, Was that what the gentleman said? quest to the Energy Department's whether it is S33 billion or $26 billion, Mr. MICA. Not exactly. I did agree Idaho field office under the Freedom of and what does this bill do and what with the position that the President Information Act. The Idaho field offi- does it not do? I think the bottom line has taken and other Members of a wide cer, Carl R. Robertson, wrote Mr. Jo- on this bill, if we reduce this from $33 range in this body to restore provisions hansen that the drawings were his if he billion to $23 billion across-the-board, which we originally supported both in paid $280 for search and copying costs. it is still a bad bill. What this bill does the House and the other body. Then Mr. Johansen went to still an- and what I object so much to is this other individual Lloyd McClure, man- bill is a Federal takeover of law en- ager of technology transfer for West- forcement and of prisons nationwide. OPEN MARKET ON ATOMIC BOMB inghouse Idaho Nuclear Co., which was If this bill were about helping Bir- PLANTS another contractor at the Idaho lab, mingham, AL, that I represent, by giv- The SPEAKER pro tempore (Mr. and obtained a manual with flow sheets ing money to the city and to Johnny KOPETSKI). Under a previous order of and a Government directory of nuclear Johnson, the police chief, and letting the House, the gentlewoman from facilities world-wide. These particular him go out and hire more police offi- Maryland [Mrs. BENTLEY] is recognized documents explained how the parts fit cers, I might say yes, he may need for 5 minutes. together and they were then given to more police officers. If this was about the State of Alabama, which is Mrs. BENTLEY. Mr. Speaker, recent the Japanese businessman. giving newspaper stories reveal in vivid detail Unbelievably, Mr. McClure wrote to under a court order to empty jail cells, the threat of the nuclear bombs made Mr. Johansen explaining how glad he if it was about giving the State of Ala- in garages or in some third world fac- could help bama more money for prisons, I would was that the information vote for this bill. But does it do that? tory. potential buyers. He stated, "Sale for the sheriff of For that reason it is a scandal and higher profits for Does it give Mel Bailey, use should result in Jefferson County in Birmingham, AL, threat to our national security that you than just selling it as scrap." This Energy allowed does it give Sheriff Bailey the right to the Department of is an absolutely outrageous story. hire more deputy sheriffs? No. No, it components of a nuclear reprocessing The Wall Street Journal pointed out uranium to his gives the right to a community board plant to make bomb-grade that Mr. Johansen is trying to sell that is set up in this legislation to be sold on the open market as excess plant and has been shuffled from offi- study whether more law enforcement property. Not only was the plant sold, cial to official in Idaho. are needed. And it gives this flow sheets, move quickly officers but the crucial blueprints, The Secretary did not board the right to apply for a grant up and manuals to set it up were provided to buy back the equipment but an Aus- here in Washington, DC to put on those the buyer, Mr. Johansen of Pocatello, tralian firm has offered $8.3 million for police officers. ID. the components, blueprints, manuals Lo and behold, it says that before The scandal is that the Secretary of and x rays. Apparently that undis- you hire them, you have got to do Energy, Mrs. O'Leary, took 5 months closed client is the Government of things. You have got to tell Washing- to reply to a request from NRC Chair- India. ton, DC that you do not have the man Ivan Selin that the matter be re- Finally, the Energy Department is money for these deputy sheriffs or solved by buying back the equipment. acting to buy back the plant, but it is these police officers. It is outrageous that the security not clear whether Mrs. O'Leary forces in the Department of Energy weighed in on that decision. What is F 1440 were not informed by the Secretary perfectly clear is the Secretary of En- But you also have to tell Washing- about the matter. The Department has ergy has acted in an incompetent man- ton, DC, that when the Federal money a good security agency which cannot ner by not acting quickly to repur- runs out, and it will in the next 4 or 5 operate efficiently if it is blindsided by chase the equipment-and even worse years, you have to tell them that you the Secretary. to allow it to be sold on the open mar- have the money to continue this pro- I am thankful for the friendship of ket. This nonsense about our nuclear gram. That is rather absurd. You do the British Ministry of Defense offi- security must stop. not have enough money for the pro- cials which sent a handwritten note to gram, but you have enough money to continue the program, whatever it is, the State Department. IS A BAD CRIME BILL The Wall Street Journal reported the THIS whether it is midnight basketball. I do British note written by Ray Gatrell, a The SPEAKER pro tempore. Under a not know whether Johnny Johnson, nuclear safeguard official at Whitehall previous order of the House, the gen- city of Birmingham, chief of police for stated: tleman from Alabama [Mr. BACHUS] is law enforcement, whether they think I don't know if you know but-Frontier recognized for 5 minutes. midnight basketball is wise or not. Salvage of Idaho are trying to sell a Nuclear Mr. BACHUS of Alabama. Mr. Speak- I do know we should not be setting up Fuel Reprocessing Plan. BNFL UK isn't in- er, in the last week or two, we have a program where we tell them how to 23322 CONGRESSIONAL RECORD-HOUSE August 19, 1994 spend their money. We do not need a Members express concerns with the lice department, to book that individ- board here in Washington telling the crime bill. Some of those concerns are ual, you need another police officer on State of Alabama how they ought to legitimate. the street to cover that territory. What build their prisons, or how big the pris- Hopefully the bottom line is, though, he had explained to us, Mr. Con- on cell ought to be, or what kind of hopefully they will work together in a stantine said to our Law Enforcement services the prisoners ought to get, and spirit of compromise to bring forward a Caucus is that they have far fewer cops even what kind of material they have crime bill. One of the most important today for the number of crimes on the to build that prison out of. things to our Nation is the security of streets. That is why we need a crime That is what is wrong with this bill. our population. bill. Do we not have faith in Mel Bailey, Just in the last 12 hours I have got- We need a crime bill because we need sheriff of Jefferson County, can we not ten calls from different corners of my more prison space to make sure that give him the money and let him decide district and people have expressed dire violent and repeat offenders are not let how to spend it and who to hire? concern and have been just pleading out of prison for lack of space. What does this bill not do? It does that we pass some version of a crime We need it for the provisions of three not address gun violence. I voted bill this session. The problem with peo- strikes and you are out to provide against banning those 19 semiauto- ple that point out that this provision is some certainty that if you continue to matic weapons. But let me tell you, if not in that we would like to have in or commit offenses, this society will no we ban them it will not do anything this provision should be out that longer tolerate your behavior, and you about gun violence. Over 99 percent of should be out of the crime bill is that will be put away for the rest of your the crimes are committed by handguns. at some point we need to pass a crime life to protect society. People do not go around with rifles. bill. We need to do it for people like We need it for prevention, because as There is nothing in this bill to prevent Mary Ann Gdisis whose granddaughter a former teacher of emotionally dis- gun violence. Ninety-nine percent of was shot at in the last 3 days, who turbed youth, as a former employment the crimes with guns are with hand- fears that violent criminals are being coordinator, I know that we need to guns. let out of prison because there is not make sure that young people have We tried to put in a provision into enough prison space. We need to do it structure in their lives. We need to this bill which says if you stick a hand- for Gloria Ramierez from Kenosua, make sure that there are programs to gun in somebody's face in the commis- whose grandson, Curtis Lawrence Reed try to deter them from turning to a life sion of a crime, you serve 10 years. The and his family had to move out of an of crime. There are a lot of kids in soci- very Members that say we have got to urban area into a more rural area be- ety today that are on the brink of get those 19 assault weapons off the cause of their fear of crime. doing the right thing or going the streets, when there has never been one That is why we have to pass a crime wrong way into a life of crime. That is used to commit a crime in my home bill, because there are people in Amer- why we need some prevention programs county, they resisted putting a 10-year ica, in my district in Wisconsin that in here. minimum sentence on someone that believe that the major components in So I call on my colleagues tonight to did use those handguns, which are this bill will do something about work together. Let us pass this bill. We being used every day on the streets of crime. can do it, and we can make sure that Jefferson County. They did not want That is why every major law enforce- the Mary Ann Gdisises and Gloria that. This bill does nothing about gun ment organization has endorsed this Ramierezes and their families are safe. violence. bill, because they believe that by pass- It does nothing about habeas corpus. ing the major provisions in this bill we Charlie Wells, a sheriff down in Mana- will do something about crime. O 1450 tee County said do not give me more I think law enforcement officials know something about crime. I think PREVENTION IS ESSENTIAL police officers. The county jail is full ELEMENT TO THE CRIME BILL here. We are under a court order to let they understand when a bill is tough. I folks out. If I put them in they are think they understand when a bill is The SPEAKER pro tempore (Mr. going to get out the next day. I am not smart. That is why I think they are KOPETSKI). Under a previous order of sure that 100,000 new police officers will calling upon the Congress to work to- the House, the gentlewoman from do anything. gether, by God, in a spirit of biparti- North Carolina [Mrs. CLAYTON] is rec- We do need prison cells, but what we sanship to pass a crime bill. ognized for 5 minutes. do not need is this bill. We need some- We passed a crime bill in this House. Mrs. CLAYTON. Mr. Speaker, as the thing done about the endless number of Just 3 or 4 months ago we passed a conference committee convenes to- appeals that these prisoners are get- crime bill, and there was strong bipar- night to present us with a revised ting. We need something done about tisan support. crime bill, I want to speak for the in- the exclusionary rules where people are There have been changes since that clusion, not the exclusion, of preven- let off on technicalities. period, and hopefully we can make tion. This bill spends $33 billion, but it some more changes this evening to get I want to speak for the sufficiency does nothing about the real problems us back to that point, because the peo- and the essentiality of having preven- existing in real communities, and it ple of this country know that the tion in a crime bill. does not let those communities address major provisions in this bill have to be- When we think about fighting crime, those problems. come law. And that is our job, to try to we should think about obviously en- make that happen. forcement and punishment, but along There are provisions in this bill to with enforcement, having strong sen- THE CRIME BILL add more cops on the street. We know tencing and a way of punishing our The SPEAKER pro tempore (Mr. it is essential, because when we met. criminals, we also should talk about KOPETSKI). Under a previous order of with the new director of the Drug En- prevention. It includes all three of the House, the gentleman from Wiscon- forcement Agency with our Law En- those provisions, enforcement, punish- sin [Mr. BAP.CA] is recognized for 5 min- forcement Caucus, he expressed to us ment, but prevention, and I think that utes. that there are far fewer cops on the is a new concept for us to be thinking Mr. BARCA of Wisconsin. Mr. Speak- street for the number of crimes that about fighting crime; we only think of er, tonight there is a group of conferees are being committed. The reason that it after the fact. After a crime has been on the crime bill that will be meeting is important is because every time committed, we commit great resources once again in the hope of bringing to- they apprehend somebody, and they to crime, but we do not think about gether and moving forward with a have to leave their position on the those great resources before the crime crime bill. We have heard on this floor street to bring that person into the po- is committed. It is like spending August 19,1994 (:ONGRESSIONAL RECORD-HOUS:E 23323 money to put the fire out when we Yet, we pretend there is no problem. Now, why should we be picked on be- could spend the money to keep the In 1992, again, 76 percent of the peo- cause we have succeeded? And why house safe from fire. It is like spending ple convicted of murder, of murder, should Members from other States who money for illness that we could pre- were between the ages of 15 and 24. And perhaps do not have what we have in vent. The same thing is true here: An you say we should not invest in our Hawaii be picking on us because we ounce of prevention is worth a pound of young people? How illogical can we be, have succeeded in achieving virtually cure. legislators? universal health care for our people? So I want to suggest to our conferees Only 30 percent of this package now In fact, if they feel that this univer- on both sides of the House that actu- is devoted to prevention. Now, I recog- sal care is unable to be achieved in ally prevention should be seen as one of nize that we are just understanding the their own States, perhaps they want to the essential ingredients for an effec- value of prevention, but only 30 percent move to Hawaii and they can give a tive strategy. It is, indeed, the law en- of it. The problem is already there, so contribution of their talents and skills forcement themselves, their organiza- we must, indeed, find a way to prevent out in Hawaii, or perhaps they feel the tions, the police chiefs of small cities, crime. people in their constituencies do not big cities, sheriffs, or the various orga- I beg the conferees to be rational and need to have health care. Perhaps they nizations throughout this country; to be substantive and to give to the do not need this interference, as they they have called on their communities American people a crime bill that real- say, by government, whether State or respectively across the country for ly fights crime, that addresses the Federal; perhaps they want to get rid them to get involved with their youth, issue and the cause, and the cause is to of Medicare. If they want, there is to help them to curtail our youth being divert young people from a life of nothing to prevent anybody here on involved in crime. crime to a life of opportunity. the other side of the aisle from putting So we must consider prevention as in amendments to the health care bills we consider the crime bill. I would that we are putting forward to get rid argue that really the prevention com- FURTHER MESSAGE FROM THE SENATE of Medicare. That will get the Govern- ponent should be the crux of our con- ment out of business; that will get the sideration, although it is not, and I A further message from the Senate Government out of the health care pro- recognize it is not. by Mr. Hallen, one of its clerks, an- posals. In the current bill it only represents nounced that the Senate agrees to the Let us get rid of Medicare, if that is 30 percent. Now, I understand there report of the committee of conference what they want to do. But why do they will be some reduction. My plea is that on the disagreeing votes of the two want to take away universal health those reductions be across the board Houses on the amendments of the Sen- care that we have in Hawaii? and not taken out of the prevention ate to the bill (H.R.4603) "An Act mak- Well. just so we can get past all of alone. Why do I say that? Why do I say ing appropriations for the Departments this and so that the public that does that? of Commerce, Justice, and State, the not have some of the material in front Well, I say, first, why should we Judiciary, and related agencies pro- of them, obviously, that ostensibly is spend the majority of our dollars on grams for the fiscal year ending Sep- being cited by the Republican opposi- persons who have already committed tember 30, 1995, and making supple- tion to health care for people, to health themselves to a way of crime? We mental appropriations for these depart- security for people, again, parentheti- spend, at least in my State, $24,000 a ments and agencies for the fiscal year cally, Mr. Speaker, I have to add, I do year to maintain a criminal. Why ending September 30, 1994, and for not know why anybody would be should we not spend a little less than other purposes.". against health care security for people. that and affect the lives of a lot of peo- I certainly do not know why they ple? Why not use our resources wisely A FOCUS ON THE SUCCESS OF HA- would be against people taking the ini- and attack crimes by using the weapon tiative in any given State or jurisdic- of prevention? WAII WITH HEALTH CARE RE- FORM tion to see to it that we have health National studies have proven young care security. But that is something people are most likely to become in- The SPEAKER pro tempore. Under that they will have to answer for them- volved in violent crime between the the Speaker's announced policy of Feb- selves. ages of 15 and 20, again, another reason ruary 11, 1994, and June 10, 1994, the Of course, if they want to come down for being involved with young people. gentleman from Hawaii [Mr. ABER- on the floor and defend predatory in- It is young people themselves who are CROMBIE] is recognized for 60 minutes surance companies, they can do that. I committing the increased violent as the designee of the majority leader. understand in the crime bill there is crimes, so if you know that and you are Mr. ABERCROMBIE. Mr. Speaker, great concern that we label sexual interested in fighting crime, you apply the State of Hawaii has found itself the predators in a manner that allows the your resources where you would be object of a continuing attack by Mem- entire community to know who they most effective. bers of the other party in 1-minutes, in are and where they are. Well, why do We, as legislators, need to take the some of these special-order colloquies we not put in a predator section for in- bull by the horn and reach out to these and discussions, particularly over the surance companies where health care is young people and give them guidance, last several days. concerned? Let us do that. Why do we discipline, support necessary to divert On the one hand, I suppose I might not name all the insurance companies them into a constructive pursuit of life find this amusing that our little State, that are preying upon the American rather than to ignore them; to ignore in the middle of the Pacific, suddenly people and keeping them from having them is at our own peril. becomes the focus of all of this na- health security? We can pretend there is no problem. tional Republican Party attention, be- Now, one of the items that was cited That does not remove the problem. We cause we are succeeding at doing some- by some of our learned friends on the should address that problem. thing, and we have succeeded on the other side is a General Accounting Of- Consider these facts: In 1992, 5 mil- local level, we have succeeded at the fice report entitled, "Health Care in lion people under the age of 25 were ar- State level, and I was under the im- Hawaii." I will hold it up here and let rested. Of those, 3.4 million were under pression that ideologically speaking our good friends on C-SPAN zero right 21 years of age, and 1 million under 18 the Republican Party at least claims in in on that so that they can see that years of age. some respects some corner on the ca- this is a report to the chairman, Sub- Is there no problem? Why are we ig- pacity for having local solutions to committee on Oversight and Investiga- noring 5 million young people involved problems. This is generally the way tions, Committee on Energy and Com- in crime? That is 1992. I do not have the they put it forward when philosophical merce, House of Representatives, Feb- figures for 1993, because I could not get discussions take place, campaign rhet- ruary 1994: "Health Care in Hawaii; Im- them from the Justice Department. oric is being spouted. plications for National Reform." 23324 CONGRESSIONAL RECORD-HOUSE August 19, 1994 Now, this has been cited by some of health care insurance while the Mem- comes out on the floor is that the em- our good friends on the other side, I ber who is explaining that to them has ployer mandate, which is required in should say cited in part, cited out of health care insurance. our Prepaid Health Care Act of 1974, context, a few sentences left out here Every single Member who comes has not provided universal coverage. and there that might have illuminated down here and complains about Hawaii Well, that comes as no surprise to me, the question. providing universal health care secu- Mr. Speaker, because it was never in- So I am going to try and fill in some rity for the people in our State has tended to. No one has heard me, on this of those blanks that have been left be- health care insurance himself or her- floor, say the employer mandate, in cause this report from the General Ac- self; but is quite willing to see that and of itself, either in 1974, when it was counting Office does say, as I indicated, other people in their own States, and put into effect in Hawaii, or in any of "Implications for National Reform." in their own districts, do not have it. the proposed bills before the body now In fact, if anybody wants to come here in the House, is in and of itself in- ]1500 down and explain in detail right now, I tended to provide or could provide Let us go to the results in brief. Ha- will yield time, I would be delighted to under any conceivable logistical cir- waii has the highest level of insurance do so, to have them come down and ex- cumstances for universal coverage. coverage of any State in the Nation. plain in detail. However, before you The employer mandate, in and of it- Now, that is the first sentence. I will start telling me why my people cannot self, will not do that. It has not done it repeat it: Hawaii has the highest level have health care insurance, and why in Hawaii. It was never intended to do of insurance coverage of any State in the people of the United States cannot it in Hawaii. the Nation. have health care insurance, how come Now, what are some of the factors in- Now, are we supposed to apologize for they have it? What exactly is their cov- volved in seeing that universal cov- that? Are we supposed to somehow erage? How much do they pay for it? erage does not come out of it; not ev- back off and say, "Well, let's have less I would be glad to go into what Ha- erybody is employed. coverage"? I think not. waii has. I have the real figures here, You see-Mr. Speaker, I am asking The reason that we have, as the Gen- not the figures cited from previous you and I am asking the people in the eral Accounting Office says, the high- commentary on this floor. I would be public to use some common sense in est level of insurance coverage of any glad to go into it. I would go into it in this. When you see people come down State in the Nation is, we enacted the detail, in massive detail, I will go it to the floor, go into these towering prepaid Health Care Act of 1974, not into detail beyond massive detail. rhetorical rages about the inability of 1994, Mr. Speaker, 1974. We have 20 After all, we have the experience, we the employer mandate to provide uni- years of experience. have the health care insurance. And of versal coverage when they have these You know, I find it very illuminating course, Members who come down to the apocalyptic, Gotterdamerung scenarios to stand here on the floor and be lec- floor and say that the rest of America laid out, that somehow vast numbers of tured about health care and provision cannot have health care insurance, people will become unemployed as a re- of health insurance security from peo- they will have insurance for them- sult of the employer mandate, busi- ple who do not have 20 seconds' worth selves and their families, of course. But nesses will crash, the United States is of experience with health care, when I that is only right, I suppose. doomed, the sky is falling. Think about have 20 years of it. Yes, Hawaii has the highest level of Chicken Little. Chicken Little ran I was elected to the House of Rep- insurance coverage of any State in the around saying the sky was falling. resentatives in the State of Hawaii in Union. And yet people have come to That does not make it so. this floor who have no knowledge In this particular instance I think we 1974. I have been the chairman of the need to stand back a little, take a deep Health and Human Services Committee whatsoever of the Hawaiian health care system-and I am going to take a mo- breath and let us try to account for in the Hawaii State Senate, with direct some of the factors that may be in- responsibility and authority over the ment, Mr. Speaker, to refer to another document, the "Aloha Way, Health volved. You do not necessarily have to Medicaid system legislation in the take my word for it, although I am per- State of Hawaii. I have had 20 years of Care Structure and Finance in Ha- waii," by Emily Freedman. Emily fectly willing to have anything I say experience, and I have to deal with peo- Freedman is one of the foremost health stand the light of the closest possible ple on this floor who are explaining to policy experts in the United States. scrutiny. But I will refer to an entirely me about health security insurance, She compiled a history of health care neutral body, the General Accounting health care insurance, who do not have in Hawaii, sponsored by private non- Office or the newspapers. The news- 20 seconds, 20 minutes, 20 weeks of ex- profit foundations, Blue Cross and Blue papers? They are not neutral, of perience, explaining to their people Shield, Kaiser Permanente, a health course. The newspapers in my town are week in and week out, month in and maintenance organization, by the opposed to me. They spent the last 20 month out, year in and year out, why State of Hawaii and by the Hawaii years trying to get me out of office. they cannot have health care insurance Medical Association, the Association of Even they sometimes have to print the and Hawaii can. Physicians in Hawaii, which is the Ha- truth. So if I am quoting the news- We have heard on this floor that peo- waiian branch of the American Medical papers back in Honolulu, it is not as if ple want to have insurance at least Association. I am quoting someone who spends all equal to that of Members of Congress. In other words, the full spectrum of day trying to figure out how he can I would be delighted if some of the health care providers, private and pub- make me look good. They pay a lot of Members of Congress who come down lic, institutional, both private and pub- editorial people in Honolulu good here on the floor and try to say to the lic, in the United States and in Hawaii. money to try to figure out how to get American people that our plan does not In this document, in this history, Mr. me out of office. They have not suc- work in Hawaii, have them explain to Speaker, you will find in appendix A- ceeded yet, and they are not going to the people of the United States, have and I will hold it up for our friends on succeed this year. them explain to the people who are lis- television to see-the Prepaid Health So I can go to the newspapers, that is tening in to our conversations here Care Act of 1974. Now, I doubt that any- what is quoted on the floor down here, today, have them explain to the people body who comes down here to complain what the newspapers say. Let us see who are observing the action on the about our 20-year-old system has ever what the newspapers say. Let us see floor of the U.S. House of Representa- bothered to read the Prepaid Health what newspapers say. for example, tives, what insurance do they have? Care Act of 1974, and not only have I from the Honolulu Star Bulletin. Heck, I would like to have Members of the read it, but I have helped to enforce it the Star Bulletin in Hawaii is owned by opposition, who are ready to criticize and implement it. people on the mainland. They just kept Hawaii, to come down here and explain As I said, we have 20 years of experi- up a longstanding tradition in trying why their constituents cannot have ence. One of the accusations that to get me out of office. August 19, 1994 CONGRESSIONAL RECORD-HOUSE 23325 Here we go, from the 12th of August ment. Our act, and I can quote it to ed out the invitation here for quite this year. The headline, "Our Health you in here, this act is intended to be some time now. I do not see a rush of Care Costs Slow Down." Although in- self-administering, self-administering. people coming down here to get into a flation for medical costs leads other We have more than a million, 1.2 mil- dispute with me, particularly inasmuch categories in Honolulu, the rising cost lion, people in the State of Hawaii. We as I have invited them to explain what of health care here is slowing. It is have more than a million permanent their health care coverage is before slowing in Hawaii. For everybody else residents in the State of Hawaii. We they start telling other people that it is going right off the charts, but it is have had mandatory employer man- they cannot have any. They have not going down in Hawaii. dated health insurance for 20 years. We come down here. Now, we do not have the universal have had health insurance companies Now what you have is actors. What coverage, but our costs are down. How providing insurance under our prepaid they should be saying is, "I don't real- is that possible? Why do we not have health care law for 20 years, and it is ly have health insurance, but I pretend universal coverage from our employer entirely self-administered. Where are I do on TV." That is what it really is. mandates? all these bureaucrats that they are They do not have any health insurance. Some people get unemployed, some talking about? They are actors. people are not eligible. In our original You see it on the ads on television. You know, it is real interesting. I bill, in our original law, which we have Why would anybody believe an ad on tried to find out who some of the ac- amended only in terms of benefits, if television? I mean it astounds me that tors were. I mean they play people on one worked less than 20 hours a week, people could take seriously an adver- television with health care insurance. I you were not required to be covered. So tisement, a commercial advertisement, thought I would just make little in- the employer mandate only went to coming from the insurance companies quiry. What I did was I said, "Well, those people in terms of requirements of America seriously. I mean how can why don't we find out who they are and for providing coverage to those who you take-let me make an analogy to find out if they actually have health were working 20 hours a week or more. the crime bill: insurance?" l 1510 You got Charlton Heston. He is an You want to know something? We actor, boys and girls. He is an actor, found out who those folks were. I mean There was no requirement for de- not a real person. There is no Charlton I do not want to expose them, I do not pendents to be covered, no requirement Heston. We know that. Charlton mean in the sense of getting their for dependents to be covered. Think Heston belongs to the Screen Actors names and addresses and publicizing about it, those of you who are really Guild. He has got insurance. He does them on television or any other area. I interested, and you know you are. We not have to worry about it. He has it just wanted to find out do they have get inquiries in our office all the time. made. He is rich. He has got rich pals. insurance. Think about it. He is an actor who works. Well, it turns out that the insurance Think about Hawaii's plan, only peo- Most actors do not work. Some of the companies have hired these folks, and ple 20 hours a week or more to be cov- actors that we have seen in the health of course they are actors, and they are ered, dependents not required to be care routine, except for the actors here out of work all the time, which means covered, the unemployed or others, on the floor, on these commercials-let they do not have any regular health in- which I will go into in a little bit of me draw a parallel. surance, or when they are out of work time, not required to be covered, and You know they get some young guy they lose their health insurance; but yet, even with all of that, Hawaii has on there with too much hair and too one of the stipulations for these poor the highest level of insurance coverage few brains. I mean I ought to know folks is they cannot talk about it. Ha, anywhere in the Nation. about that one. I do not know about ha, ha. The insurance companies do not How is it possible? the second part, but the first part I want you to know that these are folks Well, of course it was possible be- have some experience with. And he who otherwise would not have health cause virtually immediately we got to stands up there and says, "I'm not a health insurance, and they are on tele- the serious insurance providers as op- doctor, but I play one on TV." Then he vision pretending that they are worried posed to those who were merely look- tells you to. you know, buy aspirin, or about the rest of us. ing to extract the highest amount of whatever it is that he is hawking. He is And this is what is happening down premiums out of the most people and an actor. He even tells you. I suppose here on the floor day after day when give the least service and recompense this is a variation on the truth in ad- Hawaii gets attacked for the crime ap- back. We got rid of those people. Those vertising kind of thing. parently of seeing to it that all our companies left the State of Hawaii in "I'm not really a doctor." Somehow I people have health insurance. I mean it 1974. guessed that he really was not a doc- stuns me. I thought we were supposed Mr. Speaker, I want to point out that tor. I knew that. I imagine most people to be acting on people's behalf. I do not our bill passed in 1974, and it was im- in the United States know it, that this feel bad that everybody in Hawaii has plemented on January 1, 1975; in other clown is not really a doctor. But he access to health insurance. I think it is words, 6 months, was passed in June, says so just in case some of us out a good thing. I happen to think it is signed in June in 1974. We put it into there are fooled by his little smock one of the reasons that I get elected. effect, not in 6 years, as is being con- that he has on. "I'm not a doctor, but In fact, I would be delighted to have templated here in the House and Sen- I play one on TV." anybody who is against health care in- ate, but in 6 months, and I will go on Well, you get people on television surance, against health care security later to explain how, when we take now. You can see it everywhere. I mean for everybody, to come out to Hawaii care of those on Medicaid, when we after the news, before the news, before and run for office. I would be delighted take care of those who are not other- Donahue comes on, there is a lot of ac- to have someone run for office against wise eligible for insurance coverage, tors come on, and they look, oh my me who says, "Well, ABERCROMBIE is that we have implemented that pro- goodness, that they are trying to take for you having health care insurance, gram in 6 weeks. We started August 1. our insurance away; oh, the Govern- and I'm against it. Vote for me." I We are going to be finished by Septem- ment is going to get involved in insur- mean, how dumb can you get? ber 9. All done with private insurance, ance. And in health insurance; you In fact, we have a situation right now all done with private insurance. mean like Medicare? The Government where we have a Republican candidate That is another thing they talk is involved in Medicare. for Governor who is on her way to los- about getting, the Government. You Now does anybody want to come on ing what was at one point a 20-25 point are going to have the Government in- the floor and say they want to take lead and is going to lose the governor- volved in the health care provision. Mr. Medicare away? I invite them. You do? ship because she associated herself Speaker, just think about it for a mo- You have noticed, Mr. Speaker, I hand- with people from Hawaii who came to 23326 CONGRESSIONAL RECORD-HOUSE August 19, 1994 Washington, who said they are going to willing to serve Medicaid patients. company does not have to give them a try and get rid of the health care sys- Some people are on Medicaid. They do good rate. The insurance company can tem we have in Hawaii. not want to serve these people. So ob- beat them up. So, the Republican opposition to viously the law with respect to em- I feel for the small businesses in this health care is now practicing what ployer mandate cannot take care of regard. We are looking out for them. they preach. I give them credit for that. It never was intended to. That is why we passed the bill that we that. I will give credit for that. The Re- Let's go on into some of the other re- did. Small businesses do not take a publican candidate for Governor out in sults in Hawaii according to the GAO. beating in Hawaii on insurance because Hawaii is presently associated with Health insurance premiums are lower they are not allowed to be discrimi- those in her party who want to end than in the nation as a whole and in nated against by predator insurance health care in Hawaii as we have it in the last decade have risen more slowly companies. our prepaid health care plan. They in Hawaii than nationally. Next sentence: "Hawaii's require- want to go back to the old system. I will repeat. Insurance premiums are ment that employers provide health in- They want to go back to the system lower than in the nation as a whole and surance has not resulted in large dis- that many of the people here visiting in the last decade, the last 10 years, ruptions in Hawaii's small business our Capital and many of the people in have risen more slowly in Hawaii than sector." the United States, other than Hawaii, nationally. Again, Mr. Speaker, believe me. I have right now-namely, you are a We identify two factors that contrib- could quote page after page after page complete victim of predator insurance ute to lower premiums in Hawaii. Re- in context here of the General Ac- companies. It is interesting they say duced cost shifting, which, of course, is counting Office report, and will come they want the government out, but it one of the principal reasons we have up with the same kinds of things, the is apparently OK for an insurance the universal employer mandate, so exact opposite of what has been said on agent to tell you whether you can have that some businesses are paying into this floor with respect to what has hap- care or not, to tell you whether you the insurance plans of their employees, pened to small businesses. can have health insurance or not. and others are not. You see, if some Obviously, there are people in Ha- O 1520 businesses are paying in and others are waii, businesses in Hawaii, who would What happens if.you get sick? What not, the others who are not have an ad- prefer not to pay. Does this strike any- happens if you have a heart condition vantage over those who do. They are one as strange? Does anyone want to arise? What happens if some other free riders. pay more taxes than they actually wasting disease comes into your fam- The cost is shifted. Somebody has to have to pay on their income? ily? You can find your health care pay for insurance. When we hear the No. We are at great pains to make taken away, your insurance taken phrase who is going to pay for it. Mr. sure that yes, we are being straight- away. Speaker, you and I both know we are forward and honest about our incomes. That does not happen in Hawaii. You already paying for it. The question is But, by golly, if there is an oppor- cannot take any one's health care in- some of us are paying for it and some tunity for an exemption or an oppor- surance away in Hawaii. You can do it of us are getting away with not paying. tunity for a deduction that we are enti- if you legislative it. We have a can- And you will find that those who are tled to, why, we want to take it. Not didate who actually associated herself most vociferous, those who most loudly only is it our right, I am sure it is your with people who wanted to take health proclaim their right, quote-unquote, obligation. You want to retain the care away, and as a result she is now, not to participate in an employer man- maximum amount of income for your- as people find that out, her lead in the date, are those who do not want to pay. self and your family. Of course you do polls, presumed lead, if you are to be- But they are perfectly willing to let that. lieve these polling people, is now others do so. They want to ride on the Well, naturally if businesses could evaporating. The election will be lost. backs of those who are trying to do the get out of paying, many of them would Of course, one of the reasons, I believe right thing. like to do so. Not all, because many of the principal reason, will be that when In Hawaii, because this law covered them do recognize their social and eco- people find out that there is dem- everyone in the State, everybody start- nomic responsibilities. They under- onstrated across-the-board hostility on ed from the same starting line, every- stand what cost shifting is all about. the part of the Republican Party, in body started at once from the same po- They understand that we all have to this instance in Hawaii, to health care sition, and therefore nobody was put at pay in the end. They understand that security as we have in the State, they, a disadvantage. So there is, as the Gen- this is the most sensible way in order of course, are going to lose. eral Accounting Office says, reduced to get a broad-based community-based I understand what they are doing. Do cost shifting, and insurance companies' statewide and hopefully nationally not get me wrong, Mr. Speaker. They use of modified community rating for based health care system underway. believe this. This is an ideological be- small businesses. This is not me speak- But the principal argument that has lief. This is a principal part of the be- ing, this is the Government Accounting been made by business, according, lief system of some of the prominent Office. again, to the GAO, really is not to get people in the Republican Party in Ha- The insurance companies' use of com- out of the employer mandate, but they waii. munity rating for small businesses. Ac- have concern about the cost, and that They are entitled to that. I do not tually, what happened when our law is a perfectly legitimate item. They object to them having that. On the was passed 20 years is small businesses have expressed concern, business own- contrary, I am delighted that they do, got a break. Previously, and this hap- ers have expressed concern, about the because obviously it makes our job a pens all over the United States now, it cost and inflexibility of the employer lot easier as Democrats to stand for happens to virtually everybody who is mandate. Not the employer mandate health care security and making sure visiting the Capitol, everybody who is itself, they have expressed concerns that everybody has health care insur- viewing the proceedings here today on about the cost, which again I will say ance in Hawaii. television, they are in a situation in is not only perfectly natural, but I Let me give you another reason why which large companies, those with very would expect that people would be con- we do not have necessarily universal high numbers of employees, are able to cerned about costs. I will get to that, health care as a result of the employer get favorable insurance treatment be- how our costs have been lower than mandate, which I indicate, once again, cause they have a group rate based on they were on the mainland and con- was never intended to be provided from their numbers, whereas a small busi- tinue to be lower, despite the fact that the employer mandate. ness with 1, 2, 5, 10, or 20 employees, we are subject to the same kinds of GAO itself gives an example. For ex- does not get that rate, because they pressures that have caused a general ample, private providers are not always are small and because the insurance rise in expenditures and costs for August 19, 1994 CONGRESSIONAL RECORD-HOUSE 23327 health care elsewhere on the mainland. anxious to hear what he has to say. In ployee Retirement Security Act, pre- We are subject to the same kinds of fact, I cannot cover all the material in empts State authority in terms of reg- things. this particular segment, but I will ulating self insured employer health As a matter of fact, one of the points come back; I am sure that people want plans. It preempts our State authority. I would like to raise at this juncture is to know, now that the issue has been Inasmuch as we already passed a uni- we have even more pressures on us. Our raised, that we do, in fact, have univer- versal health care bill before the enact- State, after all, is made up of islands. sal health care coverage in Hawaii. ment of the ERISA, we wanted to make We cannot travel as you can, say, from We are not saying and never have certain that our act, our ability to the District here into Maryland and said, by the way, Mr. Speaker, as you take care of our people was not im- Virginia by car or by bus on by foot, well know, that we seek merely to du- paired. So we have a limited exemp- for that matter. Unless you are very plicate the Hawaii system in the rest of tion. strong and practice almost all year the country. Mrs. MINK and myself In fact, our exemption is so limited it long, you cannot even get between is- have never said that. We have never in- is virtually impossible for us to amend lands by canoe. We have special races dicated that. I think that our law, as I our act. Believe me, Mr. Speaker, we for the canoes. Only the best athletes said was 20 years old, it has been very would be delighted in the State of Ha- can do that. We have to fly. And we effective. I would think it forms a good waii to amend the prepaid health care have remote parts on our islands, rural foundation. We think that it offers an plan that was written 20 years ago in sections on our islands. opportunity for objective people, for some administrative ways that we My colleague in the House, Mrs. people of good will and good faith to think would advance the case, the MINK, PATSY MINK, who serves the Sec- take a look at what we do and how we kinds of things that are now being pro- ond District, as you know, Mr. Speak- do it and how we have modified, how posed in the national health care bill in er, I serve urban Honolulu, the Hono- we have modified it and what we would 1994, but we are disenabled from doing lulu that maybe many people are fa- like to see changed. Certainly, we see that because of the restrictions about miliar with, with the outline of Dia- that. But we do believe that there has preemption on the Federal level. mond Head against a beautiful blue sky to be more than a coincidence in- volved. So we find ourselves, then, in a situa- and Waikiki and its beautiful beaches, tion where we are able to provide and all of which I am privileged to rep- When our little State in the middle of the Pacific, just two Representatives health care insurance at a lower rate resent and invite everybody to and than anybody else in the rest of the hope you will come out and help im- here in this vast body, 435 people, sud- denly is zeroed in on as somehow mis- Nation, despite disquisitions here on prove our economy so we can keep our the floor of the House and pronounce- health care insurance premiums low. representing what it is that takes place in our State or somehow trying to foist ments on the floor of the House to the We would be delighted to have you contrary. I do not know where all these come out. We will take care of you, by off on the rest of the Nation that which we do, on the contrary. What we have statistics come from. I can tell you the way, if you get sick while you are what the statistics actually are. I have out there. said, and in fact I note that there are the some Members in the Senate now, am I Hawaii Medical Service Associa- You are familiar with that. The tion's statistics here. I have the Kaiser friendly skies will take you there to allowed to mention the Senate, by the Health Maintenance Orga- way, during special orders or do I have Permanente Hawaii. Mrs. MINK has the rest of nization plans here, prices here that we Oahu, on which Honolulu is located, to say the other body. I do not mean pay in Hawaii. I have all of it. and all the other islands. In other any disrespect. words, when her plane lands from the I understand there is some concern in I want to indicate one other thing friendly skies in Honolulu, at Honolulu the Senate that has been expressed at that comes up with respect to the, I International Airport, she has to get on least by newspaper reports, although I will not say false but misleading, the a plane again and fly to Kaui, Molokai, wish some of these folks would actu- misleading statement that our em- Niihau, the big island of Hawaii, fly to ally get in touch with us and speak to ployer-based mandate for insurance both sides of the island of Hawaii, to us personally about it, about Hawaii somehow is supposed to provide total the Kona or Hilo side. When she is possibly having a waiver in whatever coverage. For those who are low-in- there, she has to drive 1, 2, or 3, hours results in health care. Well, it is of no come residents, the gap group that to Hana on Maui. We invite you there, concern to me, Mr. Speaker, at all. were not covered by our insurance plan too. It is a small quiet community if If Members of the House of Rep- were not otherwise eligible for Medic- you want to get away from it all. We resentatives and the U.S. Senate want aid, we had what was called the State have universal health care coverage in to pass a health care bill that provides health insurance plan, which we put Hana. for health care less than that which is into effect. Enrollment is voluntary, already in effect in the State of Ha- you cannot force everybody into it. O 1530 waii, I would presume that no one So I think that for my purposes It will take 2 to 3 hours to drive would object if Mrs. MINK and myself today, Mr. Speaker, I would like to there. So naturally we have some dif- and our good Senators across the way, wind down my remarks and allow Mr. ficulties in actually putting the provid- Mr. INOUYE and Mr. AKAKA would like DORNAN to launch into his remarks for ers, the physical capacity to provide to have the people of Hawaii not have the day by repeating, then, an obvious the health care that we have on paper, health care coverage taken away from point to us that, and this is highlighted that is to say what the law requires in them. It only makes sense. I am not in the General Accounting Office re- terms of coverage, every one has that. worried about waivers or changes. We port, Hawaii has the highest rate of But actually physically providing it is have one of those already. We have a coverage but not universal care. I will difficult. It is costly. And yet with all waiver that we have been given. Of repeat what is in the report: Hawaii of these cost factors which drive our course, the reason was we are the only has the highest rate of coverage of any figures up, we still are below the costs one that has the national health care State, but does not have universal cov- associated with the rest of the United plan. erage. This widespread coverage is the States. The waiver we have is from the Em- result of State's employer mandate, Mr. Speaker, I have enjoyed this dis- ployment Retirement Income Security the Medicaid Program, and SHIP, the cussion with you and those who are ob- Act of 1974, commonly known as State health insurance plan coverage serving and listening today so much, I ERISA. If I use that acronym, what it for the gap group. Estimates of Ha- know my good friend Mr. DORNAN has means is the Employee Retirement In- waii's uninsured rate range from 3.75 some things he wants to share with us. come Security Act. That is a Federal percent in 1991, survey to a 7-percent I am going to let him know that I will law. And we have limited exemption determined by data from the current not be taking the full 25 minutes. I am from it. Why? The ERISA, the Em- population survey. 23328 CONGRESSIONAL RECORD-HOUSE August 19, 1994 In other words, that is done strictly compelled to stay with any one system. The SPEAKER pro tempore (Mr. by statistics. So you can come up, any- I can change. KOPETSKI). Is there objection to the re- body can come up with something that Every year, I want to point out, quest of the gentleman from Hawaii? says, it is 3 percent, somebody else every year those who are not satisfied There was no objection. says it is 7 percent, but with our new with their health plan can change the program, which we have put into effect plan that is provided. We are not stuck. called the Healthquest Program. We We have nobody there that makes us POTENTIAL INVASION OF HAITI came up to the Congress. We came up stay there. The SPEAKER pro tempore. Under to the new administration and we said, As a matter of fact, Mr. Speaker, I the Speaker's announced policy of Feb- look, we are quite aware of the fact have indicated that our plan is self-ad- ruary 11, 1994, and June 10, 1994, the that because we have not been able to ministering. The other gentlewoman gentleman from California [Mr. DOR- amend our law the way we want to as from Hawaii [Mrs. MINK] has told me NAN] is recognized for 60 minutes as the a result of Federal preemption, that we she believes there are two clerks in the designee of the minority leader. do not cover 100 percent of our people Department of Labor and Industrial Mr. DORNAN. Mr. Speaker, I want to the way we want to. Relations that monitor the health care tell my colleague of the great State of plan system in Hawaii. I am not cer- O 1530 Hawaii that I did listen to his remarks. tain and she is not certain. She be- They were fascinating. He has to be We want to make more certain of lieves there are two clerks. one of the three or four best speakers that. So this year we were able to get Two clerks for 20 years is not bad. We in this Chamber. another small waiver enabling us to are not sure where they actually are, I wish we could debate at length the put together what is called health but if we find them I will bring them health plan in the State that I refer to quest, and improvement on the State in, their names and where their desks quite seriously as paradise on earth. health insurance plan known as SHIP. are in the State. I am not sure where After all, that is the way Robert Louis We have the Health Quest Program. they are; I will have to look real hard. Stevenson referred to those beautiful That is going to be fully in place, as I That is the sum total of the bureauc- islands of the Hawaii chain, and that is said, by September 9 of this year. racy associated with our health plan. It also the way Mark Twain, Samuel The Health Quest Program, Mr. is all self-administered. After all, does Clemens, referred to them. Speaker, I want to indicate to you, is anybody think that the health provid- When you live in paradise and rake in again not a government program in the ers are going to let a member disappear all that great tourist money from the sense that it has been portrayed here and not pay? Of course they are not. It United States, sometimes you have a on the floor of the House. It is again is in their interest to do it. That is why financial base that the rest of us do not self-administering. It was competed it is self-administered. have. As Mr. Speaker, I want to conclude by I said on the floor yesterday, for. We have five different groups. and you explained it a little bit today, I have heard down here on the floor saying that we have taken care not only of those who are employed, but we lack of universal coverage is what is our Hawaiian Medical Services Asso- causing them to be in such high dun- ciation, and I suppose even Kaiser, I do have taken care of the gap group, we have taken care of those on Medicaid, geon over in the Senate. I'm going to not know if lambasting is exactly the refer to that if I have time at the end word, but let me put it this way: The we have taken care of everybody to provide what for all intents and pur- of my remarks. implication of the discussion on the Mr. Speaker, this is, tonight, about a floor was that somehow the choice of poses is 100 percent coverage. I will go into the costs of that coverage in an- briefing that I had yesterday in which our people was limited as a result of I will not discuss any of the classified these two providers other special order. having the major I will be happy to discuss Hawaii's details, because it was a top secret share of employees and others in the health briefing, but only the fact that I and State of Hawaii. care system with any of the op- position to national health care re- all of the Republican Members at this Mr. Speaker, they have competed for form. I will briefing on Haiti believe there is still a 20 years. be happy to share with They have a major share be- them what our experiences have been. large group of people in the adminis- cause they have provided good service. and hopefully tration, who have the President's at- I convince them that if am astounded by people who tout the they keep an open mind, if they are tention, who want to invade this small private care system, the private sector willing to discuss it in good faith and island with physical force to restore a system, who then complain when it with a modicum man, Gen. Bertrand Aristide, who, al- works. of good will, that per- haps we can arrive at a proposal and a though fairly elected with a percentage Mr. Speaker, are those of us who are plan that will allow all of us here, re- in the high sixties-not an Adolf Hit- satisfied-I have been a member of the gardless of our party affiliations, to act ler, who was elected with 37.4, but Kaiser system, the Kaiser Health Main- on a nonideological basis on behalf of someone up in the high sixties-was tenance Organization, for 35 years, 35 the interests of all the people of the elected, and then deposed in a military years. The reason that I have been as- United States. coup. sociated with them for 35 years is that I believe Aristide is nonetheless not I am satisfied with the service that I worth one drop of American blood to get. Does it sound strange, then, that I PERMISSION TO FILE CON- restore him, particularly when no one would continue to be a member? FERENCE REPORT ON H.R. 3355, is considering a covert operation to de- I have good friends who are members VIOLENT CRIME CONTROL AND pose him. Or let us call it the President of the Hawaii Medical Services Asso- LAW ENFORCEMENT ACT OF 1993 Ronald Reagan Contra operation, peo- ciation, the HMSA, and they have been Mr. ABERCROMBIE. Mr. Speaker, I ple who are counter to Aristide, Contra there for 35 years. Why? Because they ask unanimous consent that the man- to the military junta, Contra to Raoul are satisfied with it. agers may have until midnight tonight Cedras, who should be a colonel but has I happened to start with Kaiser. I to file a conference report on the bill made himself a three-star general suppose I could have picked the HMSA (H.R. 3355) to amend the Omnibus without the troops to hold that exalted at the time. I was a student at the Uni- Crime Control and Safe Streets Act of command. versity of Hawaii at the time. That is 1968 to allow grants to increase police If this Government wants to convince the way we got started. I could have presence, to expand and improve coop- us, and both intelligence committees changed. erative efforts between law enforce- in this great Congress, that a covert There are other plans out there now. ment agencies and members of the operation is in order to snatch Cedras There are three or four other plans community to address crime and dis- and dump him to a horrible life of exile that are available to us in Hawaii, all order problems, and otherwise to en- on the Cote d'Azure, Riviera coast of competitive with one another. I am not hance public safety. France, where Baby Doc, one of the August 19, 1994 CONGRESSIONAL RECORD-HOUSE 23329 dictator predecessors, has gone thought you had called him a warlord award the Medal of Honors to these through $100 million, then make your and a thug and ordered his arrest" two to me, then unknown heroes, I said case for a covert operation. But do not after his forces had butchered 27 Paki- this is the very essence of John 15:13 in put young Marines and young Army stanis and disemboweled them, the scripture: people, including young women now, on crowd tearing the wounded and the "Greater love than this has no man the beaches down there where, if a dead apart as they tried to tear our 5 that he give up his life for his friends." sniper shoots one or 'two or three or dead men apart at the Durant site, the Shughart and Gordon begged three five, or a young officer, or a top ser- two being our two Medal of Honor he- times over the radio to the Ranger geant is killed in a rescue operation, roes and the other three included Ray command headquarters, the Delta the President will find himself in the Frank, who was Michael Durant's co- headquarters at Mogadishu airport: position he was in on the morning of pilot, who had three full combat tours "Let us go down and see if we can May 23, 1994, when the father of a great in Vietnam, was a month from retire- save Durant and his crew. We see them American hero, who had been post- ment, had thousands of hours as a heli- moving in the chopper. They can t get humously awarded the Medal of Honor, copter pilot; had suffered a terrible hel- out of the chopper. They probably have refused to shake the President's hand. icopter crash in Arkansas 2 years ago, back injuries." I have spoken to that father and to was recovering from that, came back All four were alive and all four were the mother of 1st Sgt. Randall to fill out his 30 years in the military, trapped in their harnesses by severe Shughart. I have spoken to the parents flying again in a tough combat situa- back injuries from the hardness of the of Gary Gordon, master sergeant, who tion. Ray Frank was murdered by the crash. Three times these two men died alongside Randy Shughart rescu- mobs as were the two-door gunners. begged to be given the chance to offer ing Michael Durant. Most of the people hearing my voice up their lives to try and save somebody At least they succeeded in saving the tonight have seen these people, Mr. else, and it is beautiful that they did at life of that fine young chief warrant of- Speaker. They saw their dead and mu- least save Michael Durant. They took ficer, the pilot of the second H-60 tilated bodies being dragged by ropes all four out of the crashed Blackhawk. Blackhawk, shot down over those dirty and poked and prodded with poles and but the two that were on the side clos- alleyways of Mogadishu, an area now AK-47's and M-16's as they were est to the wall where it crashed sur- totally controlled by the people that dragged through the streets of vived. The other two we hope were shot we were trying to arrest and remove Mogadishu. Five dead, three Durant to death before they were dragged from power, and tormenting and bring- crewmen-Durant miraculously re- through the streets, and Durant was ing starvation back on the good men leased after 11 days of captivity-and taken alive with another crew member. and women and children of the trou- these two Medal of Honor heroes, and When that other crew member died, bled nation of Somalia. Clinton is calling their thug-murderer/ only God and his killers, and torturers know, because two were taken alive O 1550 warlord Aideed a leader of another country. and only one came back. Gary Gordon's parents and the par- And I said, "Mr. Shughart, what did Maybe Gary Gordon and Shughart ents of Randy Shughart, they feel their he do when you said back to him that were alive on the other side of the air- sons'lives were lost in a hopeless cause this was a thug and a warlord?" plane, down to fighting with pistols- and that the Commander in Chief was He said, "Well, he got very red in the they had exhausted all their ammuni- so uninvolved in that he tried to tell face, tried to stare a hole through me, tion-gave the last final clip to Mi- them he did not even know about the so I stared right back. Then I told him chael Durant, leaning against the wall, operation. It was called Operation I had nothing else to say to him." too injured in his back to move. Gary Ranger. My point in bringing up that unpleas- Gordon's last words to any American Mr. Shughart told me that when he ant moment which no Americans, Mr. that we know of was, "Good luck, pal." said to the President after refusing to Speaker, have read about in American He went around to the front of the heli- shake his hand, "Why did you send papers unless they subscribed to the copter and moments later Warrant Of- Aideed the killer of my son with a Ma- Washington Times in this city or un- ficer Durant heard him groan when he rine guard on an Army airplane down less they have heard it on talk shows was shot, as he had heard Shughart to Kenya?" across this country, begun by Rush groan when he was shot before that. Again Clinton claimed ignorance. He Limbaugh and Gordon Liddy and What is going to happen if we get said, "I didn't know about that, Mr. picked up by hundreds of other talk this relived in Haiti? Why should any Shughart." show hosts across this country, most American man or woman be put in That happened December 2, I believe. Americans still do not know about this harm's way over Aristide? This very That is one of the insults to the U.S. story. AP, maybe through no fault of month, Aristide has attacked all of the military among 15 that I will enumer- their own, New York Times, USA Catholic bishops and all of the priests ate later, Mr. Speaker. Today, they did all call Mr. Shughart in Haiti because they came up with a Then Mr. Shughart told me he said to but out of respect to Clinton who by a resolution against the U.N. suggesting the President, "My son's colleagues in week's delay was then over in Nor- that we had the right to invade Haiti. the Delta Force"-the special oper- mandy for those unending photo oppor- The Catholic bishops are saying down ations officers and sergeants and other tunities, Mr. Shughart said, "I will not there, "There's another way to go down men trained so highly to do the job talk about the President while he is here." And I am saying, as not a holy that they were not allowed to complete out of the country" and nobody fol- man of the cloth but as someone with in Somalia-"they tell me they and the lowed up on this. So unless you lis- a military experience, "What about the Rangers"-the best light infantry tened to radio in America, you would covert option?" before we put heroic forces in the world-"that they had never know this happened. line Marines or 82d Airborne paratroop- several opportunities to take out The reason I bring it up: What is ers into a situation where-and of Aideed with lethal force if necessary, going to happen if we have a hero course Haiti does not have the where- to kill him." somewhere on the beaches or in the withal to put up a fight with their ob- And Mr. Shughart told me that Clin- alleys of Port-au-Prince in Haiti and a solete and decaying equipment. But ton looked at him and said, "Well, you young American man or woman is they can run a guerrilla operation for a may not be aware, Mr. Shughart, but killed and another American gets a few days. our country doesn't have a policy of as- high decoration trying to save that Napoleon. Napoleon Bonaparte lost sassinating the leaders of other coun- person, and as it says in scripture 50,270 young Frenchmen-they did not tries." which I said on this House floor before put women in combat in those days-in Mr. Shughart came right back at him I knew the names of Shughart and Gor- trying to conquer Haiti, and he lost. He and said, "Leaders of other countries? I don begging the Defense Department to created a black Napoleon that he said 23330 CONGRESSIONAL RECORD-HOUSE August 19, 1994 was the most skillful general in the White House. They always come in for- die in front of him after suffering world. He let him use his name. My his- mal gear at night, or mess dress uni- through months of a combat on the Pe- tory escapes me. I used to know that form minimum for daytime wear, or ninsula of Bataan. As he told me, the general's name. It may be Toussaint Class A, or if given permission, pre- hardest thing he can ever remember in L'Ouverture. Fifty thousand dead. sentable shirt and tie. Never have I his life is watching his friends die in That is more than Napoleon lost at Wa- seen people come to the White House in front of him. He said it feels like your terloo. their camis, that is their desert, choco- arms are being cut off, that you your- When I bring that up to Clinton peo- late chip camouflage so that the Presi- self are dying partially as you watch ple, they say, "Well, Haiti has been dent can set the mike way down on the each one of your friends die. denuded of all its forests. There will be ellipse, the south lawn, and line up all Then he told me a Vietnam-era story no guerrilla warfare in the forests." of the men and women marines, veter- about one of his honor graduates at the First of all, all the forests are not ans from Somalia, and march down the same ROTC program that Clinton had gone. I have been down to Haiti twice White House lawn to the microphone avoided. About a young man named and been out in the countryside. Num- with the President in his new blue suit Tim, who graduated at the top of his ber 2, when I flew over Mogadishu a few at the lead. Unbelievable scene. I still class, He said "Tim, you're one of our days after we had lost 19 of our very gag when I see it. That was May 5 say- graduates who is married with chil- highest trained Rangers and special op- ing that the operation on May 4, 1994, dren. You have beautiful little chil- erations sergeants and enlisted men, I was over, the flag had been turned over dren. Tim, you can do anything you did not see many trees throughout the to the United Nations. want." I remember having argued like city of Mogadishu. That was open, a These anonymous high-ranking Clin- this with my father who had won three typical African sub-Saharan open city, ton people in the April 3 Post article wound chevrons in World War I, which where urban warfare took place behind said this one is totally our fault, and it we now call Purple Hearts, when I told all those walls and up and down those tells how President Clinton in his sec- him that I wanted to fly jet fighters. little alleys. ond trip to Martha's Vineyard of his He said no, you go into transports. I We will take some casualties. The life-his first was in 1969 at a big orga- have seen enough blood shed in our Clinton advisers that are telling him to nization of all of the pro-Hanoi family, he said. I had two brothers, and invade admit that. And most of these honchos to work for a Communist vic- we all went into the Air Force and vol- people have never been in combat and tory over South Vietnam, that was his unteered for whatever dangerous as- several of them are in the category of first trip in 1969. The media would not signment there was. I said, "Dad, you our President: They let other young tell about that trip though because cannot ask your son to make choices high school graduates go and serve in when he went back on vacation in 1993, different from your own." their place as they avoided military it was then he said it was the second But Colonel Holmes told Tim as an service. trip back to Martha's Vineyard. But on honored graduate he can go to the Sig- Mr. Speaker, we have got a tough sit- Martha's Vineyard, the Post says, Clin- nal Corps. These are the exact words, uation now, with a person who, as I ton left the golf game and went to a "the Signal Corps, the Chemical Corps, said on this floor, before he was elected telephone at the golf club, called to the Intelligence, you can do anything you did not have the moral authority to Pentagon and said, "Send in that Delta want." And he said, I want to get the order young men and women into com- Force, or whatever you call it in exact words now, he said, "Colonel, bat. And I think Somalia made my Mogadishu and arrest this guy, Aideed, Airborne, Infantry, Special Operations, case. Oh, Clinton unleashed about 33 for killing the Pakistanis." This oper- All the Way, sir." All the Way is an Tomahawk missiles on the intelligence ation was all Bill Clinton's, and since Airborne expression, 82d Airborne. And buildings of dictator Saddam Hussein Haiti seems to me an inevitability of he said, "Tim, I'm asking you again, in Iraq, but that is not putting men in American young service people dying, I'm asking you to think of your wife." harm's way. They did not have the not to help the starving people or to Holmes had been at the wedding. "Your wherewithal to come out and to get at get rid of a thug, as in Somalia, but of- children. I have seen these beautiful our cruisers, our Aegis cruisers and fering up their lives for this fraud, rad- little babies. I'm asking you, Tim, other ships that were launching the ical, Pope-hating, fallen away Catholic don't think of yourself. Think of all of Tomahawk missiles. That was rather priest. I have heard the recordings of the jobs, other jobs in the military antiseptic. At that we killed one of the him bragging that necklacing, burning where you can serve honorably." And leading artists in Iraq, an innocent people to death with tires filled with Holmes said, "He looked at me and his women artist, I believe, and her chil- gasoline so that it burns their face response was; 'Airborne, Infantry, Spe- dren, because one of the Tomahawks first, and they writhe around in front cial Operations, All the Way, sir.'" went off course. Maybe it was struck of the crowd. He said that is a good And he said, "and Tim got what he by Iranian defensive fire, maybe the way to treat his enemies, and that the wanted," and he sent him to Vietnam. computer system in that Tomahawk smell of burning flesh was a beautiful And Holmes said, "A few months later, went out. But that was not putting smell to me, Aristide, him. We are it seemed like 2 weeks, I was at his men and women in harm's way as hap- going to let American men and women wake. And his mother came up to me," pened in Somalia. die for that? to Colonel Holmes, "and said, 'You So I think it is time, since Clinton were Tim's role model. He admired you 5 1600 has 809 days to go in office for a man so much, Colonel.'" And Holmes said, Mr. Speaker, anonymous Clinton that does not have the moral authority "Her eyes filled with tears." She said, high-ranking officials told the Wash- to endanger lives for the first time "We're proud of Tim." And Holmes ington Post, the story appeared April 3, since September 1992, when the Nation said, "I didn't know what to say be- that we can partly blame Bosnia on ignored the letter of Col. Eugene cause inside I was dying." And he said, President Bush, that that problem was Holmes, commander of the ROTC at "and these are the kind of men I saw left to us. We can blame Haiti on Presi- the University of Arkansas, when he die on Bataan, die in the Japanese pris- dent Bush, that problem was left to us. was deceived by Bill Clinton. I have on camps, and the kind that I commis- But we cannot blame Somalia. Bush's spoken to Colonel Holmes within the sioned." I had not known he had been humanitarian effort ended in Somalia week. I had been led to believe over the at the University, I think of San Fran- on May 5. You remember the insulting last 2 years that he was in failing cisco, which is a Jesuit school, or scene of using marines as props, or- health. He is not in failing health, al- maybe he said it was the city college dered to come to the White House in though his health must be guarded be- where he had been head of the ROTC their work clothes, fatigues, the first cause, after all, he spent 3/2 years in there. He said he commissioned all of time ever in all my tracking of mili- brutal Japanese captivity, tortured, these young men in San Francisco, and tary people hanging around at the watching 20, 30, 40, 50 men, his friends, then at Little Rock. So he said, "when August 19, 1994 CONGRESSIONAL RECORD-HOUSE 23331 I was deceived by Clinton it gave me finish my combat tour with my group sas. We engaged in an extensive 2-hour inter- extra pain." on the carrier, San Jacinto." view. At no time during this long conversa- One of the wives of these heroes said tion about his desire to join our program did to me within the last few days that she O 1610 he inform me of his involvement, participa- tion, and actual organizing of protests had just seen the film, "Lion King," He went back and went for missions against U.S. involvement in Southeast Asia. with her grandchildren, and she said, 48 to 58. I mention that in detail be- He was shrewd enough to realize that had "I think of this administration when I cause we are going to go through I been aware of his activities he would not think of "Lion King." And I said, Bush's 50th anniversary of that Sep- have been accepted into the ROTC program "Well, ma'am, let me tell you some- tember 2 shootdown when he lost White as a potential officer in the U.S. Army. thing. Maybe we're two of a kind, be- and Petty Officer Delaney, Delaney At this point, Mr. Speaker, I must go cause I took five of my nine grandkids, who always flew with a rosary around back to my own remarks during Sep- and I thought of this administration his neck. That is September 2, the 50th tember of 1992, and state a fact that when I saw "Lion King." And she said, anniversary. causes most Americans to look at me "Well, you give me goose pimples say- I would beg people who rejected with blank faces, those unfamiliar with ing that, because I thought I was the President Bush for Bill Clinton. I want the military, and believe I am putting only one in the world." you to think about replacing that Com- a harsh spin on something. I am not. I Now here is Colonel Holmes' letter mander in Chief with this flawed Com- am going to state it factually again. and anybody who is listening, or if mander in Chief, on September 2, that Unless elected to the House or the they would like to call a friend, Mr. 50th anniversary. So there it is. The Senate, or to the Presidency of the Speaker, to reminisce over the last 20 election is November 3. Holmes gives United States, Bill Clinton could never years on all of the insults we have seen his Nation this letter September 7. I have been commissioned an officer in to the military and to recall if you ever beg my fellow countrymen through any of our military branches or the heard this letter or have seen it in you, Mr. Speaker, to listen to this. Coast Guard, which leaves the Trans- print. To my knowledge, if you get the In military style he types: portation Department and goes under Washington Times you are the only Memorandum for RECORD. Subject: Bill the Defense Department in time of war. people who will recall any memory. Clinton and the University of Arkansas He could never have served in the FBI, Then look forward to a possible inva- ROTC Program. CIA, National Security Agency, or all sion of Haiti for American troops, There have been many unanswered ques- of the other security agencies of this thousands of them-25,000 supposedly tions as to the circumstances surrounding country, because he organized dem- committed to Bosnia where the evil Bill Clinton's involvement with the ROTC onstrations against his country, there- snipers are back killing men, women, Department at the University of Arkansas. by giving aid and comfort to an enemy Prior to this time I have not felt the neces- engaged in hot combat with the United and children in the streets of Sarajevo, sity for discussing the details. The reason I the very city where World War I began have not (lone so before is that my poor States, killing 47,000-plus of our men in June 28 of 1914. physical health, a consequence of participa- combat and another 10,000 in accidents Colonel Holmes puts at the top of his tion in the Bataan death march and subse- because of the heightened tempo. letter the date, September 7, 1992. Now quent 3'/ years' internment in Japanese The SPEAKER pro tempore. The gen- remember, the election was November POW camps, has precluded me from getting tleman is reminded that reference of 3, Mr. Speaker. We had 2 months to into what I felt was unnecessary involve- personal offense are not allowed on the make this letter a part of the national ment. floor. discussion of our Presidency before we However, present polls show that is the im- Mr. DORNAN. I am stating a fact. He minent danger to our country of a draft could not have been commissioned in dumped an honorable Commander in dodger becoming the Commander in Chief of Chief named George Bush who flew 58 our services. It is not an insult. It is a the Armed Forces of the United States. statement of fact. You cannot be com- combat missions in the South Pacific, While it is true Mr. Clinton has stated that 10 of them after he had been shot down missioned when you have demonstrated there were many others who avoided serving in a foreign na- the second time and lost Johnny their country during the Vietnam war, they against your country are not aspiring to be President of the Unit- tion. Delaney, his youngest crewmember, The SPEAKER pro tempore. The and lost a friend who was 4 years older ed States. The tremendous implications of the possi- Chair will not engage in a dispute. The and had graduated from Yale, where bility of his becoming Commander in Chief Chair is perfectly aware of what was Bush was to go and graduate in only 2'/ of the U.S. Armed Forces compels me now to said after the remarks about being able years. But he was 4 years older than comment on the facts surrounding Mr. Clin- to be commissioned as an officer, and Bush, a family friend. And when he ton's evasion of the draft. This account the Chair reminds all Members that came to young lieutenant j.g., friend, would not have been imperative had Bill Clinton been completely honest with the they are not to engage in remarks of- and said, "George, you're lucky, you're fensive to the person of the President. a combat pilot. I'm a deck officer. I've American public concerning this matter, but as Mr. Clinton replied during a news con- Mr. DORNAN. I will not go back to never been in combat. Give me one it. But I reiterate I was stating an his- mission," Lt. Ed White. It turned out ference this evening, September 5,1992, and my aside is that obviously it took torical fact. It is a fact of record. Any- to be his first mission, his last mission, body who has done that, try and get a his only mission. How do you think him 2 days to compose the rest of the letter: commission. I will go back to Holmes' George Bush felt about giving the one letter: and only mission to a family friend after being asked another particular about "The next day," this is in July 1969: dodging the draft, Clinton said. "Almost that he died on ambush, was picked up his I began to receive phone calls regarding by what they call a lifeguard sub- everyone concerned with these incidents are dead. I have no more comments to make." Bill Clinton's draft status. I was informed by marine, assigned duty to go around and Since I may be the only person living who the Arkansas draft board that it was of in- pick up our pilots floating around at can give a firsthand account of what accu- terest to Senator Fulbright's office that Bill sea. I bailed out once at sea in peace- ally transpired, I am obliged, by my love of Clinton, a Rhodes Scholar student, should be time, and believe me, more die than country and my sense of duty. to divulge admitted to the ROTC program at Arkansas ever get saved when you bail out in what actually happened and make it a mat- University. I received several such calls. The ter of record. general message conveyed by the draft board high sea, the Pacific Ocean. And he to me was that Senator Fulbright's office spent 30 days on that sub as they Mr. Speaker, as I read these words, I was putting pressure on them, the draft picked up the other pilots they found want people to hear in their heads, "In- board members, and that they needed my out there, and the Japanese depth- vade Haiti, invade Haiti," and think, help. I then made the necessary arrange- charged, and he went back to Hawaii. "God almighty forbid it." ments to enroll Clinton into the ROTC pro- In Hawaii they said, "You are on your Bill Clinton came to see me at my home in gram at the University of Arkansas. way home." And Bush said, "No, no. 1969 to discuss his desire to enroll in the "I was not 'saving'him from serving Send me back to my carrier. I want to ROTC program at the University of Arkan- his country," and "saving" is in 23332 CONGRESSIONAL RECORD-HOUSE August 19, 1994 quotes, "as he erroneously thanked me When I consider the caliber, the bravery. He expected the news media to de- for in his letter from England dated the patriotism of the fine young soldiers scend on him and, with a liberal twist, whose deaths I have witnessed and others ruin his life. December 3, 1969. I was making it pos- whose funerals I have attended, when I re- sible for a Rhodes Scholar to serve in flect on not only the willingness but the ea- I will go to my grave loving these United the military as an officer." gerness that so many have displayed in their States, the United States of America, and Of course, Clinton never stood for his earnest desire to defend and serve their the liberty for which so many have fought exams later that year or in 1970 and country, it is untenable and incomprehen- and died. Because of my poor physical condi- came home without an degree. He sible to me that a man who was not merely tion, this will be my final statement. picked up an honorary one recently unwillingly to serve his country but actually I will tell Colonel Holmes when I protested against its military should ever be all of those D-day, 50th anniver- meet him that I think he should have after in the position of Commander-in-Chief of our sary photo ops. Armed Forces. taken those interviews with the media. Here is the text of Bill Clinton's let- I write this declaration not only for the I called the AP tonight and they said ter, which I will put in the RECORD to- living and future generations but for those they did try to reach him and he said night. There is that lines, "I decided to who fought and died for our country. If space he was unavailable. I think he should accept the draft for one reason, to and time permitted me. I would include the have fought this battle through to its maintain my political viability within names of ones I knew and fought with, and conclusion and should have made the along with them I would mention by brother, the system." He says, "I tried to make Bob, who was killed during World War II and American people listen to this. After something out of the second year at is buried in Cambridge. England. He was all, Ted Koppel read the entire Clinton Rhodes Scholarship." There is no evi- killed at the age of 23. the age Bill Clinton letter, putting the best spin possible on dence he ever went back to class again. was when he was over in England protesting it, on Abraham Lincoln's birthday, And he says, "How is it that so many the war. February 12, 1992. So, months later, in people have come to find themselves O 1620 September, I think Koppel could have still loving their country but loathing Another aside, Mr. Speaker: I went to been pressed by my colleagues, Con- the military?" That is really what this gressman DUNCAN HUNTER, Navy ace, that Cambridge cemetery. I meant to is about, what all of these 15 insults I Congressman "DUKE" CUNNINGHAM, 7- look up Bob Holmes' grave. But I was am going to put in the RECORD later year POW and badly tortured hero, are about, is loathing the military. with SONNY MONTGOMERY'S group going over there to memorial ceremonies. We Congressman SAM JOHNSON, Air Force Back to Colonel Holmes' letter, and I colonel in Hanoi imprisonment. We am going to go back one line: were on a tough schedule and could not break away. I did later at the D-day could have appealed to Ted Koppel, and Making it possible for a Rhodes Scholar to he could have put on Colonel Holmes serve in the military as an officer. In retro- Coeurvill Cemetery. And I wanted to particularly go to Bob Holmes's grave, and Colonel Holmes could have read spect, I see Mr. Clinton had no intention of this letter. But Colonel Holmes made following through with his agreement to join particularly when Clinton showed up the Army ROTC program at the University and made a speech at that very ceme- his statement and assumed naively, as- of Arkansas or even to attend the University tery as though nothing had ever in his sumed this would be on the front pages of Arkansas law school. life precluded him visiting all of these across the country. It was not. He signs I had explained to him the necessity of en- memorial sites of true heroes, their av- it "Eugene J. Holmes, Colonel, U.S. rolling at the University of Arkansas as a erage age being younger than his age Army, Retired." He has it notarized, student in order to be eligible to take the re- when he was chanting in Grovesnor State of Arkansas, County of Washing- serve officers' training program at the uni- ton, by Barbara J. Powers, Notary Pub- versity. He never enrolled at the University Square England in front of the United of Arkansas, but, instead, after going back States Embassy. I will return someday lic. She says her commission expired to Oxford. enrolled at Yale after attending and pay homage to Colonel Holmes' that December 1993. He has every page Oxford. brother. Colonel Holmes told me it was of this letter notarized. I believe that he purposely deceived me, his middle brother. This was his kid Mr. Speaker, I would ask our wonder- using the possibility of joining the ROTC as brother. So I see him dying slowly on ful official recorders of debate to use a a ploy to work with the draft hoard to delay an airplane finding its way back different type style, out of respect to his induction. through the Luftwaffe to England Colonel Holmes' letter, so that when Clinton had already gotten his induc- where many times we sat at home as my asides appear they are not ascribed tion notice; he was drafted, past tense, children viewing the film of these to Colonel Holmes, that the text of his "ed," drafted, with a showup date of young men, either broken, bleeding, letter appear in different context. July 28, 1969. clinging to life or their dead bodies The SPEAKER pro tempore (Mr. He got that draft induction showup being taken off the airplane. And all ABERCROMBIE). Without objection, the date crushed, suppressed, reversed, po- the others that were missing in the gentleman may insert any extraneous litically obliterated. I have never heard countryside of France and Germany, up material. of that in my life. This was a well-con- in the North Sea, or downed in the Mr. DORNAN. Thank you, Mr. Speak- nected 23-year-old in the State of Ar- English Channel, their remains never er. kansas. Back to Colonel Holmes' letter: to be returned. There is a huge miss- SEPTEMBER 7. 1992. The December 3 letter written to me by ing-in-action wall at that cemetery. Memorandum for Record. Mr. Clinton and subsequently taken from the Subject: Bill Clinton and the University of files by Lieutenant Colonel Clint Jones. my Prominent names are pointed out, like Joe Kennedy, the oldest brother of the Arkansas ROTC Program. executive officer, was placed into the ROTC There have Kennedy family, and Glenn Miller, the been many unanswered ques- files so that a record would be available in tions as to the circumstances surrounding case the applicant should ever again petition great musical bandleader, who brought Bill Clinton's involvement with the ROTC to enter the ROTC program. so much uplift to our men and who was department at the University of Arkansas. I add at this point, Mr. Speaker, any himself an actual officer in the 8th Air Prior to this time I have not felt the neces- military program, NCO program. The Force Command there in England. sity for discussing the details. The reason I information in that letter alone would Colonel Holmes finishes: have not done so before is that my poor have restricted Bill Clinton from ever I have agonized over whether or not to sub- physical health (a consequence of participa- mit this statement to the American people. tion in the Bataan Death March and the sub- qualifying to be an officer in the U.S. But I realize that even though I served my sequent 31f years internment in Japanese military, or NCO: country by being in the military for over 32 POW camps) has precluded me from getting Even more significant was his lack of ve- years and having gone through the ordeal of into what I felt was unnecessary involve- racity in purposely defrauding the military months of combat under the worst of condi- ment. However, present polls show that by deceiving me both in concealing his anti- tions on Bataan, followed by years of impris- there is the imminent danger to our country military activities overseas and his counter- onment by the Japanese, it is not enough. I of a draft dodger becoming the Commander- feit intentions for later military service. am writing these comments to let everyone in-Chief of the Armed Forces of the United These actions cause me to question both know that I love my country more than I do States. While it is true, as Mr. Clinton has Clinton's patriotism and his integrity. my own personal security and well-being. stated, that there were many others who August 19, 1994 CONGRESSIONAL RECORD-HOUSE 23333 avoided serving their country in the Viet- activities overseas and his counterfeit inten- Lincoln's opening of the Gettysburg nam war, they are not aspiring to be the tions for later military service. These ac- Address, "Four score and seven years President of the United States. tions cause me to question both Clinton's pa- ago." Where the first Bull Run was 61, The tremendous implications of the possi- triotism and his integrity. bility of his becoming Commander-in-Chief When I consider the calibre, the bravery. so subtract 2-85 years before, he of the United States Armed Forces compels and the patriotism of the fine young soldiers talked about the beginning of that me now to comment on the facts concerning whose deaths I have witnessed, and others Revolutionary War and how he owed it. Mr. Clinton's evasion of tie draft. whose funerals I have attended .. . When I Later on that night-I may put in This account would not have been impera- reflect on not only the willingness but eager- Sullivan Ballou's letter if we go into tive had Bill Clinton been completely honest ness that so many of them displayed in their Haiti and lose people, I will put it in with the American public concerning this earnest desire to defend and serve their again, the tale of two men. But here matter. But as Mr. Clinton replied during a country, it is untenable and incomprehen- are my words about why all of this has news conference this evening (September 5, sible to me that a man who was not merely been coming 1992) after being asked another particular unwilling to serve his country, but actually out about civil cases that about his dodging the draft, "Almost every- protested against its military, should ever be we are not supposed to discuss on the one concerned with these incidents are dead. in the position of Commander-in-Chief of our House floor, where you have to hire one I have no more comments to make". Since I Armed Forces. of the top fix-it-up lawyers in this may be the only person living who can give I write this declaration not only for the town, my friend Bill Bennett's older a first hand account of what actually tran- living and future generations, but for those brother, Bob. spired. I am obligated by my love for my who fought and died for our country. If space Here is what I said: "All of this is country and my sense of duty to divulge and time permitted I would include the going to come out." I was talking what actually happened and make it a mat- names of the ones I knew and fought with, about the March and along with them I would mention my stories on Whitewater ter of record. that were suppressed and all the stories Bill Clinton came to see me at my home in brother Bob. who was killed during World 1969 to discuss his desire to enroll in the War II and is buried in Cambridge. England about all these draft dodgers, the dem- ROTC program at the University of Arkan- (at the age of 23, about the age Bill Clinton onstrations, and still to this day, the sas. We engaged in an extensive, approxi- was when he was over in England protesting unexplained trip to Moscow. It was not mately two (2) hour interview. At no time the war). pure tourism, to stay in the National during this long conversation about his de- I have agonized over whether or not to sub- Hotel with George McGovern. There sire to join the program did he inform me of mit this statement to the American people. was a meeting, a gathering there. It his involvement, participation and actually But. I realize that even though I served my country by being in the military for over 32 was not just tourism. There were 10 organizing protests against the United inches of snow cover, 27 degrees below States involvement in South East Asia. He years, and having gone through the ordeal of was shrewd enough to realize that had I been months of combat under the worst of condi- zero, going alone to Moscow and aware of his activities, he would not have tions on Bataan followed by years of impris- Prague was not just your average tour- been accepted into the ROTC program as a onment by the Japanese, it is not enough. ism. That was not the European grand potential officer in the United States Army. I'm writing these comments to let everyone tour of Rome and Paris and Athens if The next day I began to receive phone calls know that I love my country more than I do you had the money, that European stu- regarding Bill Clinton's draft status. I was my own personal security and well-being. I dents had been taking-for over two informed by the draft board that it was of in- will go to my grave loving these United centuries-Rhodes scholars have been terest to Senator Fullbright's office that Bill States of America and the liberty for which so many men have fought and died. taking for over a century. Clinton. a Rhodes Scholar, should be admit- Here is what I said, quoting myself ted to the ROTC program. I received several Because of my poor physical condition this such calls. The general message conveyed by will be my final statement. I will make no now: "And it will come out, the horror the draft board to me was that Senator further comments to any of the media re- of all of it is that this will come out Fullbright's office was putting pressure on garding this issue. after he is President, if he picks up the them and that they needed my help. I than EUGENE J. HOLMES. radioactivity of the position leader of made the necessary arrangements to enroll Colonel, U.S.A.. Ret. the free world." Now here is what State of Arkansas. County of Washington. Mr. Clinton into the ROTC program at the Notary Public-Barbara J. Powers. My makes it painful to the military. When University of Arkansas. commission expires 12'1 93. I was at Utah Beach and we waited I was not "saving" him from serving his I asked my staff to rush over an hour for President Clinton and country, as he erroneously thanked me for in Mr. Speaker, his letter from England (dated December 3. over here and they handed to me in the then found out that maybe it was 1969). I was making it possible for a Rhodes Cloakroom just before I came out here, President Mitterrand that we were Scholar to serve in the military as an officer. to get my remarks from September 30, waiting for. When it was announced In retrospect I see that Mr. Clinton had no 1992, when I took the letter of a young that Clinton would be an hour late, the intention of following through with his Rhode Island 2d Regiment soldier crowd booed. There was kind of an ugly agreement to join the Army ROTC program killed out near where I live when the mood. People were mumbling about at the University of Arkansas or to attend House is in session, at Manassas, in the Clinton time. And maybe he was inno- the University of Arkansas Law School. I cent, maybe it was President Mitter- had explained to him the necessity of enroll- Battle of Bull Run, Manassas. His ing at the University of Arkansas as a stu- name was Sullivan Ballou. The letter rand. But that day there was a man dent in order to be eligible to take the ROTC was written to his wife and his two next to me who lost his elbow-one program at the University. He never enrolled young sons before he died in that bat- arm did not have an elbow-in the Bat- at the University of Arkansas. but instead tle. tle of the Bulge, he was with the 101st enrolled at Yale after going back to Oxford. I wrote an article entitled "The Tales Airborne. He had fought through the I believe that he purposely deceived me. of Two Men," and I compared Clinton's Normandy campaign, got his severe using the possibility of joining the ROTC as December 3, 1969, letter to Colonel wounds and was taken prisoner. So a ploy to work with the draft board to delay Holmes to Sullivan Ballou's letter to they put a cast on him, and that cast his induction and get a new draft classifica- tion. his wife, Sarah. did not come off until he was in New The December 3rd letter written to me by I do not think I have ever known an Jersey 6 months later. That is how Mr. Clinton, and subsequently taken from American worthy of the name Amer- poor his medical treatment was, be- the files by Lt. Col. Clint Jones, my execu- ican who watched the beautiful Ken cause Germany was collapsing. tive officer, was placed into the ROTC files Burns Civil War series, who heard the That gentleman turned to me and he so that a record would be available in case text of Sullivan Ballou's letter, who said he thought it was a sacrilege for the applicant should again petition to enter did not get a huge lump in their throat Clinton to show up at Utah Beach. I into the ROTC program. The information in or actually have tears running down said to him, "Well, frankly it would be that letter alone would have restricted Bill their face, where he described to his worse if he did not show up, would it Clinton from ever qualifying to be an officer showing up in the United States Military. Even more wife what an honor it was to serve his not?" He said, "Why is he significant was his lack of veracity in pur- country and how he owed it to the men and reading his written speeches? Why posefully defrauding the military by deceiv- in the Revolutionary War, which is an doesn't he just introduce veterans?" ing me, both in concealing his anti-military easy period before to remember, it is When somebody, one of my Democratic 23334 CONGRESSIONAL RECORD-HOUSE August 19,1994 friends, and I mean a friend, challenged went around. That was A Company, tore the leg off of one of the men. They me and said, "What would you do if 116th Regiment, of a National Guard had to run through a gauntlet of 150 you were Clinton, Dornan?" I said, "I unit, the Old Blue and Gray, the 29th of yards of fire; Gordon, and Shughart, would introduce Joe Dawson, the hero Virginia and Maryland, hitting the and Walter Ehlers cut out of the same company commander on Omaha Beach, beach next to the regulars in the Big bolt of cloth. the first officer to take his men off the Red One in the First Division that had It says that under hostile fire when- beach." seen such combat and won such glory ever the situation required heroic lead- O 1630 in World War I. ership, courageous leadership, Ehlers They hit the beach. He assembles was there, without waiting for an I would have introduced him, and other units all day long and finally order. That is what is so special about told his story, and let Dawson give the says, "We must get off this beach or we noncommissioned officers in our Navy, commemorative speech on the 50th an- die," and he was the first captain to and Army, and Air Force, and Marine niversary, not make a hero with the fight across. When I stood up there in Corps. Distinguished Service Cross, this Joe those bluffs with my wife, Sallie, and Ehlers, far ahead of his men, led his Dawson. Captain hero, introduce Clin- looked down at Omaha, it was my fifth squad against the strongly defended ton for those words about we are the visit, but I had never seen this perspec- enemy strong point, personally killing children of your sacrifice. Well, most of tive or how far it was from the water- four of them, enemy patrol who at- the children are these heroes, answered line or even the beach wall through tacked them en route. Then, crawling the call in Korea, and Vietnam, and So- these dunes under intensive fire from forward under withering machine gun malia, and will answer the call to the very ground that is now American fire, he pounced upon the gun crew and Haiti, wherever he chooses to send soil in perpetuity forever that the put it out of action, turning his atten- them. They will answer that certain French have given us, 796-some acres, tion to two mortars protecting the trumpet because these are the sons and the Colleville cross-fire of two machine guns. Ser- daughters of the families. sur Mer cemetery. That And here is a picture of Clinton in was the firing field for the Germans to geant Ehlers led his men through a hail U.S. slaughter our kids on that beach. of bullets to kill or put the-to flight News and World Report on the And Joe Dawson was asked to intro- beach with three heroes. These are the the enemy up in mortar section, killing very three heroes where, described duce Clinton instead of the other way personally three men. After mopping using Maureen Dowd's words; all I around. And he was pulled on his sleeve up the mortar positions, he again ad- know, she is not a conservative writer, to get out of the picture to make way vanced on a machine gun, his progress works for the New York Times, said for those photo ops that were "awe- effectively covered by his squad. When some, Dude." he was almost on top of the gun, he the prepubescent yuppie staffers of And here is Walter Ehlers. Last night Clinton grabbed the sleeves of these leapt to his feet, and, although greatly three heroes and I went to my Medal of Honor book at outnumbered, he knocked out the posi- pulled them out of the home and looked picture so Clinton could walk down the up Walter Ehlers tions single handed. beach reflectively to a little cairn of when I noticed these gentlemen are un- The next day, after having advanced stones that his staff had built. And identified in this picture. It took me deep into enemy territory, the platoon then he took those stones and made all week to find out who they were, but of which Sergeant Ehlers was a mem- them into a cross, and, as Maureen I saw the powder blue ribbon on Ehlers. ber found itself in an untenable posi- Dowd writes, one of the staff said, I did not know what his rank was. He tion as the enemy brought increased "Fantastic, awesome, Dude," or some- has three rows of ribbons. He has won mortar, machine gun and small arms thing like that. it all, including the Medal of Honor, fire to bear, and it was ordered to with- I want to tell you about these three and here is the story of Walter D. draw. Sergeant Ehlers, after his squad people the Clinton staffers pulled out Ehlers, Staff Sergeant, U.S. Army, 18th had covered the withdrawal of the re- of the picture. Here is John Robert Infantry, First Infantry Division, 18th mainder of the platoon, stood up, and Slaughter, known as Bob. He is all the Regiment. Place and date of Medal of by continuous fire at a semicircle of way through the great Stephen Am- Honor: near Goville, France, 9 to 10 of enemy placements diverted the bulk of brose book, "D-Day," as one of the nar- June of 1944, 4 days after surviving the the heavy, hostile fire on himself, rative young enlisted men telling beaches of D-Day. Here is his story: thereby permitting the members of his about this desperate fight on Omaha Entered the service at Manhattan, own squad to withdraw. At this point, Beach. KS, born in Junction City, KS. He got though now wounded himself, he car- Here is Medal of Honor winner, Wal- his citation right while his unit was ried his wounded automatic rifle man; ter Ehlers, sergeant; I will come back fighting in the Battle of the Bulge, 2 that is a Browning automatic rifle, to him. days after the Bulge had started, and BAR, carried all the way from Utah And here is Joe Dawson. Let me tell he is probably still in combat. He gets Beach all the way across into Germany you Captain Dawson's story. Dawson, a his Medal of Honor 19 December of 1944. by the Republican leader BOB MICHEL. retired Army colonel, served in Viet- Citation: BAR men were picked for their exper- nam, too, and Korea of course. He was "For conspicuous gallantry and intrepidity tise in marksmanship, their size and in the front of his landing barge, and at the risk of his life above and beyond the strength so they could carry this much he could hear the bullets hitting call of duty on 9-10 June 1914,near Goville. the France. Staff Sergeant Ehlers. always acting heavier gun with a little bipod on the front, and then they stopped. When the as the spearhead of the attack, repeatedly front that the average-very heavy by barge door opened, he and one of his led his men against heavily defended enemy today's terms M-1 grand rifle. So, he platoon leader lieutenants and his strong points exposing himself to deadly hos- picks up his BOB MICHEL-type BAR radio man stepped off the barge in the tile fire. man, carries him to safety, and then water up to their neck. The minute I want those following the electronic returned fearlessly over the shell-swept they hit the water the firing started, proceedings of this House, Mr. Speaker, field to relieve the automatic fire, and the Germans had their field of fire to be reminded that Medal of Honor automatic rifle which he was unable to down perfectly. They had had months winners posthumously, Gary Gordon carry previously. He went back to get to practice it. The fire entered the and Randy Shughart, could not get his precious semiautomatic, Browning landing craft behind the lieutenant, within 150 yards of Michael Durant's automatic rifle. the radio man, and killed all 30 men on down sight of his Blackhawk heli- After having his wound treated, he board that first landing craft. There copter. They did not rope down. They refused to be evacuated and returned to were just three survivors from that were brought down on the ground. That lead his squad further. The intrepid first craft to hit the beach at Omaha. helicopter took intense fire, eventually leadership, indomitable courage and Dawson fought his way to the beach. had to be ashcanned, class 86, it was de- fearless aggressiveness displayed by I think his lieutenant was killed. He stroyed. It took so much heavy fire and Staff Sergeant Ehlers in the face of