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

Vol. 142 WASHINGTON, TUESDAY, JUNE 4, 1996 No. 80 House of Representatives

The House met at 12:30 p.m., and was lican plan to cut $270 billion from Med- most senior citizens in either managed called to order by the Speaker pro tem- icare to pay for tax breaks primarily care programs where they do not have pore [Mr. COBLE]. for the wealthy, and the Speaker choices or alternatively make them f knows the public opinion is not on his pay more out of pocket for the services side, so he is trying to confuse the that they get. DESIGNATION OF SPEAKER PRO American people by making extreme I wanted to point out in the time I TEMPORE attacks on Democrats’ integrity rather have remaining here what I would call The SPEAKER pro tempore laid be- than addressing the Medicare issue cor- a number of key issues that I think re- fore the House the following commu- rectly. veal the true colors of the Gingrich- nication from the Speaker: I guess we should not be surprised be- Dole Medicare plan. First, the Repub- WASHINGTON, DC, cause it was Speaker GINGRICH who last lican leadership claims that Medicare June 4, 1996. year said it was his goal to see Medi- is going broke and they are saving it. I hereby designate the Honorable HOWARD care, and I quote, ‘‘wither on the vine.’’ Well, last year they knew they were COBLE to act as Speaker pro tempore on this The bottom line, Mr. Speaker, is that cutting Medicare before the Medicare day. the Republicans want to use the budg- trustees’ report came out. The trust- NEWT GINGRICH, et, this budget that they passed a few ees’ report was used and will be used Speaker of the House of Representatives. weeks ago and is now in conference again this year to masquerade their f with the Senate, as the vehicle for true motives, which is to cut Medicare MORNING BUSINESS transforming Medicare in a very radi- for tax cuts for the wealthy. cal way. Second, it is likely that the Medicare The SPEAKER pro tempore. Pursu- My position is, and I believe it is that trustees will report that the part A ant to the order of the House of May 12, of most Democrats, if changes in Medi- trust fund will become insolvent, they 1995, the Chair will now recognize care are to come they should not be are claiming, I think, we expect the re- Members from lists submitted by the made in the context of the budget, they port to say that the insolvency projec- majority and minority leaders for should not be a vehicle to make cuts in tion is about 5 years from now. Well, morning hour debates. The Chair will Medicare that would be used for other Democrats are interested in shoring up alternate recognition between the par- priorities, such as tax breaks for the the Medicare trust fund and have voted ties, with each party limited to not to wealthy or increased defense spending for plans that achieve this goal. exceed 30 minutes, and each Member or whatever other initiatives the Re- President Clinton has proposed a except the majority and minority lead- publicans plan for the budget. plan that will extend the life of the er limited to not to exceed 5 minutes. Now, we know this Wednesday the Medicare program, if you will, for at The Chair recognizes the gentleman Medicare trustees are going to come least another 10 years. So this notion from New Jersey [Mr. PALLONE] for 5 out with their annual report and al- that somehow the Republicans are sav- minutes. ready we are hearing that the Speaker ing Medicare is simply false. The f and the Republican leadership are Democrats have put forward proposals going to use this report, which will that would save Medicare and prevent GINGRICH-DOLE MEDICARE PLAN show again that Medicare does need solvency but not make basic structural AND DEMOCRATIC ALTERNATIVE some changes in order for it not to be- changes in the Medicare program. Mr. PALLONE. Mr. Speaker, this come insolvent 5 or 6 years from now, Third, the GOP claim they are mere- weekend on NBC’s ‘‘Meet the Press,’’ but the bottom line is that the Repub- ly slowing the rate of growth of Medi- House Speaker NEWT GINGRICH went on lican leadership plan to save Medicare care with their drastic cuts. Well, let the attack on Medicare once again, and is not an effort to make some adjust- us be honest about it. When the Ging- now he claims that the President and ments in Medicare so that it remains rich-Dole rate of growth does not keep the Democrats in Congress are delib- solvent and so that the money is avail- pace with the increasing medical costs, erately misleading the American peo- able to continue the program as it cur- then seniors will either pay more or see ple about his plan; that is, the Repub- rently exists. Rather, they want to reduced services and second class lican plan, so-called plan to save Medi- make major radical structural changes health care. care. I would like to tell my colleagues in the Medicare program that will re- This was Speaker GINGRICH’s main that nothing could be further from the duce the quality of care, will reduce point over the weekend on ‘‘Meet the truth. Last year the American people senior’s ability to choose their own Press.’’ He claimed, oh, we are just overwhelmingly rejected the Repub- doctors or hospitals and basically force slowing the growth of Medicare, we are

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

H5759 H5760 CONGRESSIONAL RECORD — HOUSE June 4, 1996 not making cuts. Well, if the growth eral position on controversial social is- during the Reagan era were able to at- does not keep up with inflation how in sues. tract millions of registered Democrat the world are average senior citizens Its conducted survey found when ask- voters largely on the strength of Rea- going to get quality care or the same ing their party affiliation, it did show gan’s social conservatism. As conserv- level of services they get now? 40 percent of the women out of this ative leaders, we have the ability to at- Fourth, the GOP claims the Ging- 1,000 people that they asked, 40 percent tract these voters, including these so- rich-Dole Medicare plan offers choices. of the women identified themselves as called women’s issues. The gender gap In fact, they are taking away senior Democrat, 29 percent as Republican is removed. choices. Their plan will co-op senior and 25 percent as Independent. The Mr. Speaker, the gender gap is a fig- citizens into managed care plans or Democrats appear to have an advan- ment of the liberals and the media’s HMO’s, forcing them to give up their tage because the gender gap assumes imagination. For once the issues are choice of doctors. women voters hold liberal positions on clearly explained by the overwhelming And lastly, I wanted to mention, Mr. many issues. This assumption would majority of women today of all politi- Speaker, how the Gingrich-Dole plan appear to create a risk for candidates cal persuasions accepting the conserv- differs from the Democratic alter- who take a conservative position on is- ative approach to abortion, adoption, natives. In addition to the steep cuts, sues. family values, welfare reform, and ho- the Gingrich-Dole plan makes radical In terms of political philosophy, how- mosexual rights. Today’s women are structural changes to Medicare. For in- ever, 53 percent of all the women sur- basically conservative. stance, it calls for steeper cuts to hos- veyed identified themselves as conserv- f pitals, compounded with extreme Med- ative; that is, women who identified icaid cuts, and hospitals will simply themselves as Democrats were also WHAT THE GENDER GAP IS ALL close. identifying themselves as conserv- ABOUT Additionally, the Gingrich-Dole plan atives. This clearly shows party affili- The SPEAKER pro tempore. Under will allow doctors remaining in the tra- ation does not automatically translate the Speaker’s announced policy of May ditional Medicare to charge seniors into liberal ideology nor an outright 12, 1995, the gentlewoman from Colo- more in out-of-pockets costs. The pro- rejection of conservatism. rado [Mrs. SCHROEDER] is recognized tection existing now when you go to While the NOW organization is often during morning business for 5 minutes. the doctor, he cannot charge you more accepted as the standard position for Mrs. SCHROEDER. Mr. Speaker, I than 15 percent. That is gone. Now they women voters, this organization actu- am delighted to be following the prior can charge whatever they want. ally emphasizes the gender gap by pro- gentleman onto the floor, because I And, last, concerning the controver- moting the notion that women’s issues want to talk a bit about the gender gap sial medical accounts, the MSA’s, or I such as abortion are the sole deter- and how I think they still just do not call them the wealthy-healthy ac- minant for women voters. Well, this is get it. counts, the nonpartisan Congressional not true. Only 36 percent of the women America’s women are engaging in a Budget Office found any plan to incor- surveyed have a formidable and favor- gender gap because they are very con- porate the wealthy-healthy accounts able impression of NOW which portrays cerned that the Government does not will actually hasten Medicare’s insol- itself as a voice of American women. understand what has happened to their vency. It will cost the trustees over $3 The survey also found out that only 1 families, and American women are billion. That is certainly no way to percent of women listing abortion as very family based. That was the whole save Medicare. their key issue of all the issues. When purpose of this Stand for Children or- f asked about abortion, 55 percent of ganization this weekend, where hun- women were pro-life, contrasting the dreds of thousands of people and orga- WHAT GENDER GAP? LIBERAL views of NOW who are strongly pro- nizations came together to say things MEDIA SPIN abortion. An even larger majority, 66 have changed so drastically for Ameri- The SPEAKER pro tempore. Under percent, favor adoption for tax credit, ca’s families, but the Government does the Speaker’s announced policy of May using tax credits. These findings indeed not understand it, the corporations do 12, 1995, the gentleman from Florida support a gender gap in favor of con- not understand it, institutions do not [Mr. STEARNS] is recognized during servative voters. understand it. And if we do not sud- morning business for 5 minutes. Women identified a decline in family denly start understanding what this is Mr. STEARNS. Mr. Speaker, I would values as the single most important about, we are looking at real disaster. say to the gentleman from New Jersey issue. The NOW group proposes a gen- Let me just point out a bit why I [Mr. PALLONE], the former Governor of erally liberal position with regard to think things have changed so much. I Colorado has been speaking over the family views, particularly dealing with graduated from high school in 1958. I weekend to the Perot party. He indi- homosexual rights and welfare reform. want to read to you what came from cated he supported President Clinton Welfare reform pits 66 percent of my high school book on home econom- in 1992 but he can no longer support women against the views of liberals ics about how I should be a good wife. President Clinton because the Demo- and the NOW group and in favor of re- No. 1, it said: When your husband crats and the President are forms such as family caps. comes home, have dinner ready. Plan demagoging the issue on Medicare. The Wirthlin study depicts the gen- ahead the night before a delicious There are indeed no cuts. In fact, the der gap as really not a gap at all. Rath- meal. Men like to be fed right as they amount of money that is going to Med- er, there has been a lack of effective come through the door, and they will icare is going up every year; it is going leadership to articulate the conserv- feel very comforted if they know that up almost 7.3 percent. ative position to women. On abortion, they can always count on that. That being said, Mr. Speaker, I am adoption, family values, welfare re- No. 2, prepare yourself at least 15 here to talk about the gender gap and form, and homosexuality rights women minutes before your husband is coming how women identify with this as a po- are just frankly conservative and home. Be sure you are refreshed. Touch litical issue. Now this gender gap is frankly share the Republican view. The up your makeup, put a ribbon in your touted by the National Organization of media has played a large part in dis- hair, clear away the clutter in the Women as being in their favor. It is couraging conservative candidates by house, get the children cleaned up. Re- mentioned in the Presidential election concluding conservative social policies member, they are little treasures and that one candidate has a gender gap alienate women voters. This poll shows they must look like little treasures. problem among voters. What does this just the opposite, and what we have, Minimize all noise. Turn off all ma- all really mean? frankly, Mr. Speaker, is a liberal spin chines in the house and be there at the Well, Concerned Women for America on the issue of the gender gap. door to greet him and welcome him recently hired the Wirthlin Group to Liberal politicians are already de- home from the very, very difficult day conduct a survey, which directly chal- tecting this, though, They realize the he has had at work. lenges the stereotypical view of the conservative positions are the way to Do not greet him with problems. Do gender gap drawing women to the lib- go and to promote ideas. Conservatives not greet him with complaints. Do not June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5761 complain if he is late for dinner. Listen about. We have not understood it at all the prohibition stated in the Internal to him. Let him talk first. Make the in this body. I know. It took me 9 years Revenue Service advisory earlier this evening his. to get family medical leave passed. It year. Now, Mr. Speaker, you show me an is not nearly enough. Mr. Speaker, this was brought to my American home where you can practice Mr. Speaker, we have got people who attention through an article in the this today and I am going to move want to roll it back tomorrow. We have Miami Herald which I would ask to in- there. My husband and I have never never been able to get many of the clude in the RECORD along with copies been able to do this. He has wanted other things done. When we get that of the letters in question that I quoted that kind of wife, I have wanted to be done, we will not have a gender gap. from. Clearly that kind of letter being that kind of wife. We cannot afford it, Let us get on with it. submitted in behalf of an individual nor can anyone else in America today, f who is running for President of the except the extremely wealthy, because United States making the kind of argu- INTERNAL REVENUE CODE we are in a global economy. ments that are very relevant to his GUIDELINES b 1245 campaign for President of the United The SPEAKER pro tempore (Mr. States but being paid for under the While America’s families used to be COBLE). Under the Speaker’s announced auspices of a tax-exempt 501(c)(3) orga- little islands of tranquillity, what has policy of May 12, 1995, the gentleman nization raise some very, very serious happened to us today is they are like from Colorado [Mr. SKAGGS] is recog- questions. They evidently were de- the Bermuda Triangle. We have a gov- nized during morning business for 5 signed to stimulate support for the ernment, we have Members on the minutes. Presidential campaign of Senator DOLE other side of the aisle who vote against Mr. SKAGGS. Mr. Speaker, I want to and also concluded suggestions that re- family medical leave, against helping address my colleagues today about an cipients of the letter make contribu- with child care, against helping with action I took at the end of last week in tions to the organizations that paid for elder care, against, against, against, requesting the chairman of the Com- the letter. against trying to increase the amount mittee on Ways and Means of the We are told that the sponsoring orga- of deductions for children, on and on House and the chairman of the Sub- nizations, which also included the Her- and on. Yet they claim they are pro- committee on National Economic itage Foundation, then turned around family. But what they are saying is, Growth, Natural Resources, and Regu- and provided the names and addresses your family is your problem, the Gov- latory Affairs of the Committee on of persons who contributed in response ernment should not do anything about Government Reform and Oversight to to these letters, to the Presidential it. hold hearings to look into some very campaign of Senator DOLE so that pre- The problem is no one has time to be troubling transactions that have re- sumably they could be used for solici- a family anymore because they are cently been reported in an article in tations by his campaign. The Internal working so hard. The average Amer- the Miami Herald. Revenue Code explicitly prohibits ican family feels like one of those Mr. Speaker, let me try to set the 501(c)(3) organizations from engaging in squirrels in a wheel. They run faster context for this by reading a bit from a just this kind of political activity di- and faster every year, their tongue is recent publication of the Internal Rev- rectly or indirectly in support of or in hanging out, and they never get out of enue Service that starts out saying opposition to a candidate’s campaign. the bottom of the wheel. The Govern- that charities, 501(c)(3) organizations, The Miami Herald article that I refer ment keeps telling them, greet your should be careful that their efforts to to also makes it clear that neither the husband at the door, make sure his din- educate voters stay within Internal 501(c)(3) organizations’ expenditures in ner is on the table and the children are Revenue Service Guidelines. Quoting preparing and distributing the letters clean. more particularly: ‘‘Organizations ex- nor the lists of contributors that were Please. That is what is driving the empt from Federal income tax as orga- then provided by these organizations to gender gap. nizations described in section 501(c)(3) the Dole for President campaign have All the work and family issues con- of the Internal Revenue Code are pro- been reported as contributions to the tinue to get ignored because we have hibited by the terms of their exemption Dole campaign. If the figures are cor- got a higher economic level here who from participating or intervening di- rect, these mailings to some 10 million very often does not understand the rectly or indirectly in any political Americans cost nearly $1 million. The stress being put on America’s families. campaign on behalf of or in opposition value of the contributor lists are worth So when you look at the rest of the to any candidate for public office.’’ It possibly $40,000 or more. But here was Western World, they are way ahead of elaborates on that saying that they no reporting either under the FEC laws us. When you look at what people were cannot endorse any candidate, make and again no explanation was made as trying to say here this weekend, they any donations, engage in fundraising, to how this could occur in compliance were saying: Government, get a clue; whatever. with the clear prohibitions in the In- corporations, get a clue; institutions, What events raise questions under ternal Revenue Code against this kind get a clue. this statement of the law governing of campaign activity by 501(c)(3)s. We must find a way where America’s these 501(c)(3) organizations? Mr. It raises a whole range of questions families again can be that little more Speaker, this is a copy of a letter, as which I believe appropriate committees tranquil island. They will probably we can see, on letterhead titled Sen- of the House ought to look into regard- never be able to go back to the 1950’s. ator BOB DOLE, majority leader, which ing the coordination between the Presi- But for heaven’s sake, they cannot sur- starts out as follows: ‘‘Dear friend, I dential campaigns and these nonprofit vive under the tremendous pressures want you to join me in an historic organizations who benefited by the that they are now under where you see campaign to rein in the Federal Gov- mailings, how much they cost, how the single-parent families trying to be both ernment in order to set free the spirit lists were developed, whether or not it mother, father, provider, and every- of the American people.’’ It goes on, was all coordinated with the Dole cam- thing else, dual-parent families work- somewhat later on this first page: paign. ing at a gazillion jobs running around ‘‘President Clinton and the liberal big I hope my colleagues will take the trying to do everything just to keep government advocates would like you action as I requested and conduct a the mortgage paid and hardly recognize and all Americans to believe the public thorough investigation of this matter. each other when they finally do get to is turning against our efforts.’’ Mr. Speaker, I include the following be in the house at the same time. It goes on for two or three pages be- materials for the RECORD: America’s families today have to fore one learns that this is a letter paid [From the Miami Herald, May 25, 1996] keep pictures of the family members for and soliciting funds in behalf of the DOLE CAMPAIGN GETS HELP FROM pasted by the door so, if people like Citizens Against Government Waste, NONPROFITS HE AIDED that come to the door, they know who an organization organized under sec- (By Frank Greve) to let in because they are not around tion 501(c)(3) of the Internal Revenue WASHINGTON.—Bob Dole, shortly after he enough. That is what the gender gap is Code and therefore subject to exactly announced last year that he was running for H5762 CONGRESSIONAL RECORD — HOUSE June 4, 1996 president, sent millions of Americans letters one on behalf of Citizens Against Govern- toward the elimination of the Departments urging them to contribute to the Heritage ment Waste, a Washington-based foe of pork- of Housing and Urban Development, Com- Foundation. And to Citizens Against Govern- barrel spending. merce, and Energy. ment Waste. And to a half-dozen other right- ‘‘President Clinton and the liberal, big- Clearly, these are three of the most inef- of-center groups. government advocates,’’ Dole continued, are fective, burdensome and wasteful depart- Dole’s advocacy could get his campaign undermining his budget-balancing efforts, ments of government. What’s more, the into trouble with the Federal Election Com- ‘‘laying the groundwork for future tax in- states can do a much better job of admin- mission. It also could get tax-exempt groups creases.’’ istering welfare than bureaucrats here in he helped into hot water with the Internal Not until Page 3 of the four-page appeal Washington. Revenue Service. does Dole mention Citizens Against Govern- The tens of billions of dollars per year That’s because tax-exempt groups can’t ment Waste as his important ally and urge a saved by eliminating these unnecessary and participate in partisan politics, Dole can’t contribution to the group. meddlesome departments will amount to a take help from them, and the letters he Appeals like these enabled Dole to arouse— good down payment on balancing the budget. wrote for them helped his campaign raise free—millions of activists essential to his But we must go much, much further! money. voter base. Postage along cost the nonprofits We must cut many additional billions of Here’s how it worked: The nonprofits paid $80,000 per million-letters. An estimated 10 dollars in waste and slow the growth of gov- for the letters, which promoted both Dole million letters were sent. ernment if we are to balance the budget and and their cause. The nonprofits kept the do- The Citizens Against Government Waste save our children and grandchildren from a nations, but passed on to the Dole campaign, appeal, using envelopes and stationery with future in which the lion’s share of their earn- free of charge, the name of every contributor Dole’s name on it in ornate script, was high- ings will go to pay off our debts. he inspired. Those hot prospects—maybe ly successful, reported Thomas Schatz, the One of the best ways you can join and help 200,000 of them—subsequently got letters group’s president. me in this war on wasteful spending and the from Dole asking them to contribute to his He added that giving the donor list derived deficit is by answering the very important campaign. to the endorser is a ‘‘standard practice’’ in Survey I have enclosed for you. Dole has not reported these mailing lists the direct-mail industry. The transaction This National Survey to Slash Wasteful as contributions, arguing that they were was merely ‘‘a trade,’’ Schatz added, and it Spending & the Deficit is a powerful way you part of a barter not covered by federal elec- served his group well. can make your opinions known in Washing- tion law. The lists could be worth $40,000 or Exchanges of endorsements for mailing ton right now. What’s more, this Survey will demonstrate more, according to direct-mail specialists. lists are ‘‘purely a business decision,’’ ac- that support for cutting wasteful spending is Under Federal Election Commission law, cording to John Von Kannon, treasurer of growing stronger every day. the Heritage Foundation, a Washington campaigners can’t take anything from feder- President Clinton and the liberal, big-gov- think tank. Heritage gained as much or more ally chartered nonprofits. Mailing lists are ernment advocates would like you and all from Dole’s signature as Dole gained from explicitly banned. Americans to believe the public is turning the mailing list, Von Kannon said, so no Nor have the tax-exempt groups acknowl- against our efforts to balance the budget and campaign contribution was made. edged any political help to Dole. IRS law, re- cut wasteful government. iterated in a public warning last month, for- ‘‘There’s law as written and law as en- Your Survey will help me prove them bids their participation in ‘‘any activities forced,’’ stressed lawyer William Lehrfeld, wrong! Please take a moment now to answer that may be beneficial or detrimental to any an adviser to Washington’s conservative non- and return your Survey. candidate.’’ profits. Politicians and nonprofits have con- I cannot overemphasize how critical it is Both Dole and the nonprofits argue that sorted together for as long as priests have for you to personally participate in this na- their deals were a simple swap: a politician’s fought abortion and campaigners have tionwide Survey. Please answer today! fund-raising help for the names of donors at- sought pulpit endorsements, Lehrfeld con- If you fail to publicly support this new tracted. tended. The only real question, he added, is waste-cutting campaign, I fear that our cur- ‘‘We are clearly within our rights to have where the IRS chooses to draw the line. rent effort to slash the size, cost and power engaged in this practice,’’ Christina Martin, IRS rulings lag years behind current prac- of wasteful government may fail and the def- deputy press secretary for the Dole cam- tices, so it’s impossible to know exactly icit will skyrocket well beyond its current paign, said. ‘‘We don’t think there are any what the agency’s recent warnings mean. $200 billion a year level. Here’s why I say problems, but if there are, they lie with the While declining to address Dole’s dealings di- that. nonprofits and the IRS, not the Dole cam- rectly, Owens raised some questions about Have you noticed recently that the big- paign.’’ them. government advocates want you and all In fact, other presidential candidates, in- Among them were the timing of Dole’s ap- Americans to believe that cutting spending cluding Ronald Reagan, have traded endorse- peals, the degree of political content in is ‘‘hurting children and helping rich peo- ments for mailing lists in the past. But them, and whether participating groups were ple?’’ times may be changing, particularly at the prepared to offer to other politicians the These are not isolated cases of fair-minded IRS. mailing lists Dole helped create. opposition to one or another specific cuts in Tax-exempt groups that participate in pol- RULING AWAITED government waste. itics in any way are ‘‘going to get in trou- This is a concerted campaign to stop all ef- The Federal Election Commission also ble,’’ Marcus Owens, director of the tax serv- forts to cut wasteful government spending moves slowly and has not yet ruled on a case ice’s Exempt Organizations Division, warned by portraying all government spending as involving an exchange of endorsements and in an interview, noting that he had a record ‘‘sacred’’ and the waste-cutters as ‘‘heart- mailing lists, according to spokesman Ian high of more than 30 such cases pending. less.’’ Stirton. Until such a ruling is made, the A RECENT CRACKDOWN It is a campaign waged by big-government commission’s interpretation will not be advocates who live off of government waste Just last month, Owens and the IRS known. and refuse to recognize the terrible damage The Clinton campaign has ‘‘absolutely cracked down on tax-exempt groups that ad- which 40 years of wasteful, runaway deficit not’’ engaged in the practice, according to vocated electing or unseating particular can- spending has done to America. didates. That had been a staple motivator in Hal Malchow, head of Clinton’s direct-mail You and I and all the budget-cutters in fund-raising appeals of many groups. effort. Nor did the 1992 campaign use mailing Congress are, in fact, facing nothing short of Without referring to Dole’s deals in par- lists from tax-exempt groups, said Ann an all-out political battle. ticular, Owens said trades involving mailing Lewis, deputy manager of the Clinton cam- We face a battle between those of us who lists ‘‘could very well be viewed as political paign. want to avert a deficit crisis by cutting intervention, because a mailing list is a very Among Democrats, Sen. Edward Kennedy wasteful government spending and those who valuable item for a political campaign.’’ of Massachusetts recently endorsed a direct- view all government spending as ‘‘sacred,’’ ‘‘The IRS is shooting straight at the heart mail appeal for Handgun Control Inc. with care little about the deficit and are laying of a rather common practice,’’ said Frances the expectation of obtaining the donor list. the groundwork for future tax increases. Hill, a University of Miami law professor Kennedy intends to pay for the names, his Let me give you just one example. who concentrates on exempt organizations. office and the nonprofit said when a reporter Did you notice how, with the active help of ‘‘Having a candidate sign a fund-raising let- raised the issue. President Clinton, the big-government advo- ter for a [tax-exempt organization] during a cates have tried to portray the new Con- campaign is not something I would advise.’’ DEAR FRIEND: I want you to join me in an gress’ efforts to reduce only the growth rate For Dole’s presidential drive, the initial historic campaign to rein in the federal gov- of spending on school lunches as an actual letters on the groups’ behalf may have been ernment in order to set free the spirit of the cut in the program? more valuable than the contributor lists American people. The new Congress proposed spending more they generated. I want to wage a bold effort to slash the on school lunches than ever before in Amer- ‘‘I want you to join me in an historic cam- waste out of the federal government and bal- ican history. paign to rein in the federal government in ance the budget. But I need your help. Yet, the advocates of big government are order to set free the spirit of the American As a starting point in this critical process, trying to convince the American people that people,’’ Dole began in a typical appeal, this I have already called for and started working we would deny food to starving children. June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5763 It is untrue. It is distorted. It is pure polit- help counter the outrageous charge that cut- decades trying to cut government) I want to ical propaganda. ting the deficit-producing waste will ‘‘hurt change how Washington taxes, spends and Their goal is to convince the American children and help rich people.’’ regulates. people that cutting spending simply can’t be The only way CAGW can wage such an ag- Families, not bureaucrats, should control done—that it’s too painful. gressive campaign is if you will send a Char- what their children are taught. They are once again trying to build their ter Membership contribution of $25, $35, $50 Billions can be saved and service improved case which says that America has this mas- or more when you return your Survey. by rethinking, cutting and merging the 14 sive national debt not because Washington When you join CAGW, you will make it Cabinet Department as they exist today. spends too much money, but because YOU possible for CAGW to tabulate and report I want to start by getting rid of the depart- don’t pay enough in taxes. your Survey results to leaders of the budget- ments of Education, Housing and Urban De- Your Survey will help to counter this prop- cutting efforts on Capitol Hill. Also, your velopment, Energy, and Commerce. aganda campaign by showing that you’re too membership contribution will enable CAGW And as a Heritage member you can help me smart for their scare tactics. to expand this campaign to generate a truly by reading the enclosed fact sheet I have pre- Your Survey will demonstrate that you nationwide outpouring of support for small- pared with the help of Heritage’s respected want common sense cuts in government er, leaner government. policy experts. waste because you know that the deficit pro- And most importantly, your contribution It offers real leadership. Real help for our duced by this wasteful spending will dev- will provide the critical dollars CAGW needs country. astate every American’s future. to help my colleagues and me counter the Why start with these four? Your Survey will show that you under- outrageous charges of being ‘‘cruel and Because they are examples of what’s gone stand and are deeply concerned that right heartless’’ budget-cutters. wrong in Washington. Their missions are ei- now every child born in America will pay The best way we can counter the charges ther duplicated elsewhere, obsolete, or $187,000 over their lifetime just to pay the in- against our waste-cutting efforts is by over- should never have been in federal hands in terest on the debt we’ve already accumu- whelming the big-government advocates the first place. Yet they cost $70 billion and lated. That means they will pay $3,500 in with detailed examples of how they are wast- employ 74,000 bureaucrats. taxes every year of their working lives just ing our tax dollars and how they are endan- America is better off without them. See for to pay this interest on our debt. gering the future of our children and grand- yourself. Your Survey will show me and the new children. 71 other government bodies already dupli- Congress which wasteful spending you want Unfortunately, my budget-cutting col- cate functions of the Department of Com- cut first in our drive to protect the tax- leagues and I simply don’t have the re- merce—yet we spend $3.6 billion on it alone payers and our children’s future by bal- sources to single-handedly counter the in- each year. ancing the budget. tense and misleading propaganda from the HUD spends more than $200 million annu- And your Survey will bolster the convic- advocates of big government. We are count- ally on programs that breed despair by trap- tions of the members of Congress who are ing on you to help us by joining and support- ping poor Americans in crime ridden slums— being attacked the most because the big gov- ing CAGW’s efforts. Please make every effort not because there are no better options, but ernment advocates are hoping to defeat them to send a membership contribution of $25, because the housing authorities don’t want in the next election. $35, $50, or more when you return your Sur- to change. I urge you to show your support for our vey. The Department of Energy’s budget has in- cuts in wasteful government and tell us The road ahead will only get tougher. creased by 155% since its creation in 1977 de- which reforms you think are the most urgent Those who live off and depend on govern- spite the lack of any threat to America’s en- by answering your Survey today. Your Sur- ment waste will fight harder and harder. If ergy supplies. vey answers will be tabulated and the results we are to continue slashing wasteful spend- The Department of Education has a new will be aggressively publicized both here in ing and the deficit, we must have your sup- $65 billion program that could dictate every- Washington and to opinion leaders and the port as a CAGW member in rallying the thing from how schools can discipline kids to news media throughout the country. American people to our cause. the salaries of assistant coaches. This de- And when you return your Survey, I must But the success of CAGW’s efforts all de- partment was created as a political payback ask you to also make a special contribution pends on your decision to return your Survey to the teachers’ unions by Jimmy Carter’s to the organization which is not only spon- and send a generous membership contribu- White House. Since then, our children’s test soring this vital national Survey, but is the tion today. scores have plummeted and control has been leading organization in the fight against def- This is one of those special times in his- taken from parents and communities. icit-producing government waste. tory when you can help decide the outcome Your fact sheet tells you what else is One of the most important groups in fight- of a critical national debate. Will we be able wrong with these four cabinet departments, ing wasteful government spending is Citizens to make the cuts in wasteful government what can be fixed, what should be tossed out, Against Government Waste (CAGW), a pri- spending which are necessary to save our how the job can be done better and at less vate, nonprofit organization. children’s future or will big-government ad- cost to you. Establishing in 1984, CAGW began as an or- vocates stop us? Take a few minutes to read it and tell me ganization solely devoted to fighting for the With your contribution and your Survey, what you think by filling out the nine ques- implementation of Ronald Reagan’s Grace you can help ensure that our efforts to con- tion survey enclosed with my letter. Commission recommendations. tinue cutting waste will not be blocked by Your answers will be tabulated by The Her- Since then, CAGW has been credited with the narrow, selfish special interest groups. itage Foundation and given to me, every leading the way in helping to cut over $250 Please respond today and be as generous as other member of Congress, the White House billion in government spending. Today, you can. My colleagues and I are counting on and the news media. CAGW researches and identifies the most you. I will use the results—and your support—to blatant waste in government and shows how Sincerely, keep the political heat turned up in Wash- it can be eliminated. Senator BOB DOLE. ington. Because, unlike the rest of America, CAGW has a long and successful record of P.S. The next few months will be critical much of official Washington really doesn’t winning major cuts in wasteful spending in our battle to slash wasteful government want change. without sacrificing America’s defenses. My spending. If we are to succeed, we need your Already, Bill Clinton and the special inter- colleagues and I for years have applauded support today. Please answer your Survey ests who profit from the current system (like CAGW for providing valuable information right away and return it with your most gen- the National Education Association) are needed to cut wasteful government. erous contribution to CAGW possible. My fighting pitched battles to protect the turf But CAGW’s greatest contribution has colleagues and I want and need to hear from that has made too many of them rich and been how they have rallied the American you. Please answer today. powerful. people in opposition to government waste President Clinton, the ‘‘New Democrat’’ and the deficit. The big government advo- DEAR — —: As your Senate Majority Lead- who campaigned as a reformer, has become cates laughed at CAGW, when years ago they er, I want to get Washington off your back the spokesman for the status quo. began an aggressive campaign to show the and out of your pocket. But I am committed to giving you the re- American people how the deficit and govern- I want to take power from Washington and forms you want and America needs. ment waste were jeopardizing their futures. put it back in your hands. The liberals spent the last 30 years tinker- Last November, many of those who used to I want the federal government to focus on ing, spending and writing laws to create a laugh at CAGW were swept out of office! In the jobs it does best, such as defending the ‘‘Great Society’’ but all we’ve gotten is debt fact, CAGW was a leading force in the popu- nation, conducting foreign relations, and and despair. lar revolt against big, wasteful, deficit-rid- putting criminals in jail. Their thirst for special interest legislation den government. This message—these clear ideas—is the en- cracks and fragments our cultural unity. But now we need CAGW and you, as a gine of political change in America today. It Rather than ‘‘One nation under God’’ we CAGW Charter Member, to wage this new put Congress in conservative hands for the have become a nation of unconnected special campaign to demonstrate widespread support first time in forty years. interest groups. for the deeper cuts in wasteful government And working with my close friends at The This is what Heritage and I are working to spending and balancing the budget, and to Heritage Foundation (who have spent two fix. H5764 CONGRESSIONAL RECORD — HOUSE June 4, 1996 That’s why I hope you will take a few min- the majority of American women. I was Mr. Speaker, we must reverse the utes to read your fact sheet and let me know a mother. I was a homemaker. I status quo, which dictates that, if you if you support getting rid of these depart- worked in my community for commu- are old and a woman, you are poor. ments entirely. nity change. I was a volunteer. I This legislation is about reforming the It’s simple. Just complete the survey and mail it to my attention at The Heritage worked in a nonprofit. When I was di- pension system to protect the eco- Foundation. vorced, my lawyer did not do what he nomic security of elderly women. Why have I chosen The Heritage Founda- should have done, which was make sure Women have worked hard their entire tion? that the pension of my spouse was lives, serving their families, their ca- Because I trust they are honest. I have something that I would have been pro- reers, their communities, and they de- counted upon their accurate and well docu- vided. serve nothing less than the best. I urge mented work for the last 22 years. I continued to work in nonprofits and my colleagues to support this legisla- As a member, you know Heritage believes in free enterprise, limited government, tradi- community organizations. It was not tion and work for its swift passage in tional values and a strong national defense. until I came to Congress that I ever got the House. These are the answers to our problems. a job where there was a pension at- f Heritage was a driving force behind the tached, and even that I cannot vest in. success of my friend Ronald Reagan’s two Well, Mr. Speaker, that is the situation IT IS TIME TO LOOK AT THE terms in office. They are real hawks when it for a majority of women, elderly JONES ACT comes to protecting your freedoms. women like myself in this country. The SPEAKER pro tempore. Under Heritage does the hard work of looking at I am honored to be able to do some- the Speaker’s announced policy of May government, evaluating what it does and 12, 1995, the gentleman from Guam [Mr. what it really costs. Their work is closely thing to fix this situation. Mr. Speak- watched and quoted by all of the major net- er, together with my colleague, the UNDERWOOD] is recognized during works and news organizations—which is no gentlewoman from New York, Mrs. morning business for 5 minutes. small feat when you know the press is most- NITA LOWEY, I have introduced the Mr. UNDERWOOD. Mr. Speaker, I ly run by lifelong liberals. Women’s Pension Equity Act. Some 60 rise to commend Chairman HOWARD When you send back your survey, please percent of seniors are women, but they COBLE, chairman of the Subcommittee include a contribution to The Heritage Foun- make up 75 percent of the elderly poor. on Coast Guard and Maritime Trans- dation to help them continue this painstak- Women are far more likely than men to portation, for scheduling a hearing to ing work that we in Congress rely on so review our maritime policy. In particu- heavily. live out their older lives in poverty, Ed Foulner, Heritage’s president, has told making those older years anything but lar, this hearing will take a close look me that you have given $25 to the Founda- golden. In my own State, I am sad to at the Jones Act, which requires that tion. say that only 37 percent of the women goods between American ports be I congratulate you on your generosity, and in Oregon participate in a pension plan. shipped on American vessels. I urge you to give another $25, or even $75, to We need to make steps to fix this, The Jones Act might make sense for Heritage for this vital work. take steps, that is what the Women’s some mainland communities, but it As you know, The Heritage Foundation Pension Equity Act does. does not make sense for Guam, 8,000 lives by the free market system they advo- cate. Heritage accepts no government funds Women in America need our help. miles away from the west coast. Unfor- and relies on voluntary gifts to support their They live longer than men and are five tunately for Guam, the defenders of the work. times as likely to be widowed than wid- Jones Act form a unique coalition of So please take a moment to read our fact owers over the age of 40. In the last 20 labor and corporate interests who have sheet on shutting down the Departments of years, the number of women over the every intention of fighting to preserve Education, HUD, Energy and Commerce for- age of 45 who are divorced has risen their corporate pork and their captive ever. Tell us what you think by completing dramatically. And 20 percent of older markets. the survey and mailing it back today. In ad- women have no other source of income We need to study this issue carefully vance, I thank you for your support. Sincerely, than Social Security. It is a sad fact, and, while we recognize a national need BOB DOLE, Mr. Speaker, but elderly women are for a strong merchant marine, this ob- Senate Majority Leader. twice as likely as men to be poor. So jective should not be accomplished at P.S. I want to change how Washington that is why we need these pension re- the expense of small island commu- taxes, spends and regulates. forms. nities or the American consumer. At But with Bill Clinton in the White House, According to the AARP, only 23 per- the very least, Congress should exam- true reform will not come easily. It requires cent of divorced women over the age 62 ine the changing regulatory environ- all who want it to work together. had pension plans of any type. My life ment and the movement to free trade. That’s why I am working with The Herit- history is just like that. Nearly 50 per- We should consider which regulatory age Foundation to restore our future by lim- cent of married private pension recipi- iting government to its core functions such regime makes sense for the offshore do- as national defense and fighting crime. ents have a plan that will not continue mestic trades—complete deregulation, I want to start by cutting the Department to pay benefits in the event of a with full competition, or a regulated of Education, Housing and Urban Develop- spouse’s death. environment, with protections for the ment, Energy, and Commerce. This saves bil- There is a crack in our safety net, consumer against shipping carrier rate lions of your tax dollars immediately. and it is women who are falling abuses. How do you feel about this? through it. The Women’s Pension Eq- Guam’s position is that the Jones Tell me today. Please complete the en- uity Act will correct these inequities. Act should not apply to territories out- closed survey and return it to me at The Her- itage Foundation. And your gift of $25 or $75 My bill is modeled after the bill intro- side the U.S. Customs Zone—and Guam to help Heritage with this vital work is duced by Senator CAROL MOSELEY- is the only U.S. territory located out- greatly appreciated. Thank you. BRAUN. It will reform pension law to side the U.S. Customs Zone subject to f help protect senior women. First it will the Jones Act. American Samoa, the make much needed improvements in Virgin Islands, and our good neighbor, WOMEN’S PENSION EQUITY ACT private pension law to help protect the Commonwealth of the Northern The SPEAKER pro tempore. Under women in divorce proceedings and to Marianas, are all exempt from the the Speaker’s announced policy of May simplify spousal consent rules for sur- Jones Act. Guam seeks an exemption 12, 1995, the gentlewoman from Oregon vivor annuities. from the Jones Act consistent with the [Ms. FURSE] is recognized during morn- Mr. Speaker, it will make important treatment of other U.S. Territories ing business for 5 minutes. changes to improve pension coverage outside the U.S. Customs Zone. Ms. FURSE. Mr. Speaker, life history for widows or divorced widows under I welcome the hearing on June 12 on is important. The history of a Member the Federal Civil Service Retirement this issue and I thank Chairman COBLE of Congress can give insight into a System as well as the military retire- for inviting the Governor of Guam to problem in our society. This is just ment system. And lastly, the legisla- help make our case before the commit- such an occasion. tion would improve coverage for di- tee. I think I can safely say that my work vorced women under the Railroad Re- My intern asked who the Jones Act is history has been very similar to that of tirement Board. named for—well, it’s not the John Paul June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5765 Jones who said ‘‘Don’t give up the AFTER RECESS able thing that any government could ship,’’ it’s the other Jones who might The recess have expired, the House do to its children, because the adults in have said ‘‘Don’t give up the shipping was called to order by the Speaker pro our country will not pay this. It will be subsidy.’’ our children and theirs who get to pay tempore [Mr. UPTON] at 2 p.m. f off this massive debt. f Mr. Speaker, we can pass legislation b 1300 PRAYER this year that will balance the budget REV. RANDY ALBANO while at the same time providing $500 Rabbi Edward Davis, Young Israel The SPEAKER pro tempore (Mr. more for parents with dependent chil- Temple, Hollywood, FL, offered the fol- dren at home, lowering the average COBLE). Under the Speaker’s announced lowing prayer: policy of May 12, 1995, the gentleman cost of a college loan by $2,100, saving from Texas [Mr. BENTSEN] is recognized Avinu Shebashamayim, Our Heav- families over $100 a month on their during morning business for 5 minutes. enly Father, we seek Your blessing for mortgage, and will provide real oppor- Mr. BENTSEN. Mr. Speaker, today I wisdom every day of our lives. Rec- tunities for children when they get out rise to recognize the Reverend Randy ognizing our limitations, we find it of school and look for jobs. All we have Albano, who works in my district as- necessary to ask You for Your guid- to do is balance the budget. sisting seafarers throughout the world ance. There are times when we feel in- If the President really does feel the who travel to the Port of Houston, in capable of solving our problems. Yet pain of kids today, he should put poli- their personal and spiritual needs. Fa- our vision is global and optimistic. We tics aside and begin to act. ther Albano recently brought to light feel confident that with Your assist- f the vicious murder of three Romanian ance we will be successful in creating MEDICARE CUTS PROPOSED and maintaining a safe and secure envi- stowaways beaten and thrown over- (Mr. PALLONE asked and was given board from a ship off the coast of Spain ronment for our neighborhoods, our permission to address the House for 1 and, through his contacts, was able to country, and our world. Bestow Your minute.) assure the safety of the vessel’s crew blessing upon the Members of this Mr. PALLONE. Mr. Speaker, tomor- members in bringing the responsible House. Grant them good health, family row the Medicare trustees are going to parties to justice. enrichment, financial security, and the issue their annual report to Congress Father Albano, working out of the wisdom to decide issues with prudence and to the American people, and we al- Barbours Cut Seafarers’ Center in and compassion. These men and women ready know that the Republican lead- LaPorte, TX, intervened with the Ca- make decisions that effect us all. May ership is going to take advantage of nadian Government on behalf of eight America be rewarded by our faith in this to try to suggest that the trustees’ Filipino seamen who wrote to him that them; and may our faith in You, O God, report justifies their severe and ex- they had witnessed their officers mur- be strong. Amen. treme changes in the Medicare Pro- der three Romanian stowaways. Two of f gram for senior citizens. the Romanians were set adrift on a I would suggest that the Democrats small makeshift raft after they were THE JOURNAL in the House of Representatives last discovered, and the raft subsequently The SPEAKER pro tempore. The year, with an amendment that was fell apart in the high seas, and the Chair has examined the Journal of the brought forward by the gentleman third Romanian was stabbed to death last day’s proceedings and announces from Florida [Mr. GIBBONS] and this on the deck of the ship and then cast to the House his approval thereof. year in the budget that was proposed overboard. Pursuant to clause 1, rule I, the Jour- by the President that we voted on, sug- The Filipino crewmen, fearing for nal stands approved. gested minor changes or cuts, if you their lives, contacted Father Albano f will, in the Medicare Program that for guidance. He referred the matter to would keep the Medicare Program sol- the Canadian Government, which de- PLEDGE OF ALLEGIANCE vent well into the next century. tained the captain in Halifax, NS. The SPEAKER pro tempore. Will the The extreme cuts and changes in I have contacted the Canadian Am- gentleman from Mississippi [Mr. MONT- Medicare that the Republicans are pro- bassador to express my concern that GOMERY] come forward and lead the posing are not needed. The Medicare the Filipino seamen be granted refugee House in the Pledge of Allegiance. trustees’ report should not be an ex- status and that the captain and officers Mr. MONTGOMERY led the Pledge of cuse to justify, if you will, the changes of the ship be prosecuted for these un- Allegiance as follows: that the Republican leadership is pro- speakable crimes. posed in Medicare. Rather, we should I would especially like to express my I pledge allegiance to the Flag of the be getting together to make those deep appreciation for Father Albano United States of America, and to the Repub- lic for which it stands, one nation under God, minor cuts, if you will, to save the pro- for the important work that he does indivisible, with liberty and justice for all. gram and keep it solvent on a biparti- and also to the Barbours Cut Seafarers’ f san basis. Center and its many civic volunteers f from LaPorte, including Lou Lawler. STAND FOR CHILDREN Father Albano, and the volunteers at A BALANCED BUDGET (Mr. BOEHNER asked and was given the Seafarers’ Center in Barbours Cut (Mr. BALLENGER asked and was permission to address the House for 1 have done so much to ensure safe trav- given permission to address the House minute.) el on the high seas and to improve for 1 minute.) Mr. BOEHNER. Mr. Speaker, my col- working conditions and the quality of Mr. BALLENGER. Mr. Speaker, no leagues, this weekend in Washington, life for seafarers. one doubts the importance of a bal- Once again, Father Albano has coura- there was a march. It was entitled anced budget to America’s families. geously helped to ensure that the rule ‘‘Stand for Children.’’ And I could not But what we are doubting is President of law and basic respect for humanity agree more that we should put politics Clinton’s commitment. are observed on the high seas. aside and give our children a better na- Well, the Senate vote this week on a tion than what we had inherited. If the f balanced budget amendment is his President this year is willing to act chance to actually prove his commit- RECESS and not just talk, I think that we can ment to a balanced budget. All he has The SPEAKER pro tempore. There do this. to do is use his widely acclaimed ora- being no further requests for morning In my hand is the world’s most ex- torical skills, and lead the Somersault business, pursuant to clause 12, rule I, pensive credit card. It is a credit card Six down the path to a balanced budg- the House will stand in recess until 2 that has accumulated 5 trillion dollars’ et. p.m. worth of debt and accumulating budget These Somersault Six are six Sen- Accordingly (at 1 o’clock and 2 min- deficits of $150 to $200 billion a year. ators of his own party who had pre- utes p.m.), the House stood in recess This a voting card for a Member of viously voted in favor of the amend- until 2 p.m. Congress. This is the most unconscion- ment, but then switched their vote last H5766 CONGRESSIONAL RECORD — HOUSE June 4, 1996 year in order to defeat the amendment. FIGHT THE ATTACK ON We should think very seriously about They are the sole obstacle to delivering AGRICULTURE the warning by Dr. Billy Graham. a balanced budget to the American peo- (Mr. BARRETT of Nebraska asked f ple. and was given permission to address We call on the President to show ANNOUNCEMENT BY THE SPEAKER the House for 1 minute.) PRO TEMPORE leadership and do the right thing for Mr. BARRETT of Nebraska. Mr. our children and grandchildren. If the Speaker, the House Agriculture Appro- The SPEAKER pro tempore. Pursu- President really believes that big Gov- priations Subcommittee’s bill is a slap ant to the provisions of clause 5 of rule ernment and wasteful Washington in the face to rural America. Last week I, the Chair announces that he will spending are a thing of the past, he the subcommittee approved a bill that postpone further proceedings today on shouldn’t be afraid to legally require a would provide $581 million less in budg- each motion to suspend the rules on balanced Washington budget. et authority for agriculture programs which a recorded vote or the yeas and f for fiscal year 1997. nays are ordered, or on which the vote CHILDREN DID NOT RUN UP THE The subcommittee’s bill dem- is objected to under clause 4 of rule DEBT onstrates the blatant lack of under- XV. standing many in Congress have for the Such rollcall votes, if postponed, will (Mrs. SCHROEDER asked and was 1996 farm bill and for America’s farm- be taken on Wednesday, June 5, 1996. given permission to address the House ers. f for 1 minute and to revise and extend The Agriculture Committee worked her remarks.) for more than a year on a farm bill AUTHORIZATION OF MAJOR FACIL- Mrs. SCHROEDER. Mr. Speaker, I that would meet the needs of farmers, ITY PROJECTS AND MAJOR MED- rally thank the wonderful citizens and our obligations in balancing the ICAL FACILITY LEASES FOR DE- around America who came this week- budget. We created a program of fixed, PARTMENT OF VETERANS AF- end to stand for children. We have but declining payments to transition FAIRS, FISCAL YEAR 1997 heard some speeches this morning farmers from dependence on the gov- Mr. STUMP. Mr. Speaker, I move to about how the best thing we can do for ernment, to market-based production. suspend the rules and pass the bill children is not run up a debt. That is The subcommittee’s bill invalidates (H.R. 3376) to authorize major medical absolutely right. We should not run up the farm bill and these contracts. facility projects and major medical fa- a debt. But let us also remind people Today, I’m speaking especially to all cility leases for the Department of Vet- that children did not run up the debt of my colleagues from rural districts. erans Affairs for fiscal year 1997, and that is already there. Let’s drop this partisanship. As aggies for other purposes, as amended. Mr. Speaker, we should not try to we must work together to fight, once The Clerk read as follows: balance the debt on the backs of chil- again, this attack on agriculture. Be it enacted by the Senate and House of Rep- dren, because children are going to be f resentatives of the United States of America in the ones that inherit this debt and are Congress assembled, THE WARNING BY DR. BILLY going to have to pay it off. The things TITLE I—CONSTRUCTION that we desperately need for children GRAHAM AUTHORIZATION are to make sure that they have the (Mr. DUNCAN asked and was given SEC. 101. AUTHORIZATION OF MAJOR MEDICAL educational skills that they can get permission to address the House for 1 FACILITY PROJECTS. out and compete globally in the 21st minute and to revise and extend his re- (a) AMBULATORY CARE ADDITION century and make enough money so marks.) PROJECTS.—The Secretary of Veterans Af- they can pay this off and get this coun- Mr. DUNCAN. Mr. Speaker, a few fairs may carry out the following ambula- try going the right way. weeks ago, Dr. Billy Graham received a tory care addition major medical facility So to cut student loans, to cut aid to well-deserved Congressional Medal of projects, with each project to be carried out education, to cut after-school programs in the amount specified for that project: Honor here in the Capitol. (1) Addition of ambulatory care facilities and summer programs, to cut math and In his acceptance speech, he said that science programs are all terribly short- for mental health enhancements at the De- our Nation had ‘‘confused liberty with partment of Veterans Affairs medical center sighted. Those who cause the debt license’’ and that we are now ‘‘a soci- in Dallas, Texas, $19,900,000. should pay for the debt, not the chil- ety poised on the brink of self-destruc- (2) Addition of ambulatory care facilities dren. tion.’’ at the Department of Veterans Affairs medi- f I am a little more optimistic than cal center in Brockton, Massachusetts, $13,500,000. FEDERAL DEPOSIT INSURANCE Dr. Graham, but unfortunately, almost no one would say that he had no reason (3) Addition of ambulatory care facilities FUNDS AND REGULATORY RE- for outpatient improvements at the Depart- LIEF ACT OF 1996 or justification for his statements. Let me quickly note three recent in- ment of Veterans Affairs medical center in Shreveport, Louisiana, $25,000,000. (Mr. BEREUTER asked and was cidents which would cause Dr. Graham given permission to address the House (4) Addition of ambulatory care facilities further concern. at the Department of Veterans Affairs medi- for 1 minute.) First, a Federal judge ruled yester- cal center in Lyons, New Jersey, $21,100,000. Mr. BEREUTER. Mr. Speaker, earlier day that a rural Mississippi school had (5) Addition of ambulatory care facilities today, this Member introduced the violated the Constitution by allowing at the Department of Veterans Affairs medi- Federal Deposit Insurance Funds and prayers over the intercom and classes cal center in Tomah, Wisconsin, $12,700,000. Regulatory Relief Act of 1996, which about the Bible. (6) Addition of ambulatory care facilities constitutes a comprehensive plan to: Second, the top legal adviser for the at the Department of Veterans Affairs medi- First, fully capitalize the Savings As- Governor of Florida said a school pray- cal center in Asheville, North Carolina, in the amount of $28,800,000. sociation insurance fund; second, guar- er bill was illegal because ‘‘we are offi- antee payment of interest on Financ- (7) Addition of ambulatory care facilities cially now mandated to be a country at the Department of Veterans Affairs medi- ing Corporation bonds; third, merge with no formal recognition of God.’’ cal center in Temple, Texas, in the amount the bank and thrift charters; fourth, Third, a Maryland school super- of $9,800,000. merge the bank insurance fund and the intendent revoked an invitation to U.S. (8) Addition of ambulatory care facilities Savings Association insurance fund Supreme Court Justice Clarence Thom- at the Department of Veterans Affairs medi- into a new deposit insurance fund; and as because he happens to be both black cal center in Tucson, Arizona, in the amount fifth, provide solid regulatory relief to and conservative. of $35,500,000. all financial institutions. Another high official in Prince (b) ENVIRONMENTAL IMPROVEMENT Mr. Speaker, this Member will be cir- George’s County, where this occurred, PROJECTS.—The Secretary of Veterans Af- culating a ‘‘Dear Colleague’’ letter ex- fairs may carry out the following environ- called it ‘‘the epitome of intolerance mental improvement major medical facility plaining the provisions in the bill and and bigotry.’’ projects, with each project to be carried out he invites his colleagues to join in co- These things would not have hap- in the amount specified for that project: sponsoring this comprehensive legisla- pened in this country just a few years (1) Environmental improvements for the tion. ago. renovation of nursing home facilities at the June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5767

Department of Veterans Affairs medical cen- (b) LIMITATION.—The projects authorized in ‘‘(C) the population of veterans to be ter in Lebanon, Pennsylvania, in the amount section 101 may only be carried out using— served by the network and anticipated of $9,500,000. (1) funds appropriated for fiscal year 1997 changes over a five-year period and a ten- (2) Environmental improvements at the pursuant to the authorization of appropria- year period, respectively, in that population Department of Veterans Affairs medical cen- tions in subsection (a); and in the health-care needs of that popu- ter in Marion, Illinois, in the amount of (2) funds appropriated for Construction, lation; $11,500,000. Major Projects for a fiscal year before fiscal ‘‘(D) information relevant to assessing (3) Environmental improvements to mod- year 1997 that remain available for obliga- progress toward the goal of achieving rel- ernize patient wards at the Department of tion; and ative equivalency in the level of resources Veterans Affairs medical center in Atlanta, (3) funds appropriated for Construction, per patient distributed to each network, Georgia, $28,200,000. Major Projects for fiscal year 1997 for a cat- such information to include the plans for and (4) Environmental improvements for the egory of activity not specific to a project. progress toward lowering the cost of care-de- replacement of a psychiatric bed building at SEC. 104. REPORT ON HEALTH CARE NEEDS OF livery in the network (by means such as the Department of Veterans Affairs medical VETERANS IN EAST CENTRAL FLOR- changes in the mix in the network of physi- center in Battle Creek, Michigan, $22,900,000. IDA. cians, nurses, physician assistants, and ad- (5) Environmental improvements for ward (a) REPORT REQUIRED.—Not later than 60 vance practice nurses); renovation for patient privacy at the Depart- days after the date of the enactment of this ‘‘(E) the capacity of non-Federal facilities ment of Veterans Affairs medical center in Act, the Secretary of Veterans Affairs shall in the network to provide acute, long-term, Omaha, Nebraska, $7,700,000. submit to the Committees on Veterans’ Af- and specialized treatment and rehabilitative (6) Environmental improvements at the fairs of the Senate and House of Representa- services (described in section 7305 of this Department of Veterans Affairs medical cen- tives a report on the health care needs of title), and determinations regarding the ex- ter in Pittsburgh, Pennsylvania, $17,400,000. veterans in east central Florida. In preparing tent to which services to be provided in each (7) Environmental improvements for the the report, the Secretary shall consider the service-delivery area and each facility in renovation of various buildings at the De- needs of such veterans for psychiatric and such area should be provided directly partment of Veterans Affairs medical center long-term care. The Secretary shall include through facilities of the Department or in Waco, Texas, $26,000,000. in the report the Secretary’s views, based on through contract or other arrangements, in- (8) Environmental improvements for the the Secretary’s determination of such needs, cluding arrangements authorized under sec- replacement of psychiatric beds at the De- as to the best means of meeting such needs tions 8111 and 8153 of this title; and partment of Veterans Affairs medical center using the amounts appropriated pursuant to ‘‘(F) a five-year plan for construction, re- in Marion, Indiana, in the amount of the authorization of appropriations in this placement, or alteration projects in support $17,300,000. Act and Public Law 103–452 for projects to of the approved mission of each facility in (9) Environmental improvements for the meet the health care needs of such veterans. the network and a description of how those renovation of psychiatric wards at the De- The Secretary may, subject to the availabil- projects will improve access to care, or qual- partment of Veterans Affairs medical center ity of appropriations for such purpose, use an ity of care, for patients served in the net- in Perry Point, Maryland, in the amount of independent contractor to assist in the de- work. $15,100,000. termination of such health care needs. ‘‘(4) A status report for each facility on (10) Environmental enhancement at the (b) LIMITATION.—The Secretary may not progress toward— Department of Veterans Affairs medical cen- obligate any funds, other than for design ‘‘(A) instituting planned mission changes ter in Salisbury, North Carolina, in the work, for the conversion of the former Or- identified under paragraph (3)(B); amount of $18,200,000. lando Naval Training Center Hospital in Or- ‘‘(B) implementing principles of managed (c) SEISMIC CORRECTION PROJECTS.—The lando, Florida (now under the jurisdiction of care of eligible veterans; and Secretary of Veterans Affairs may carry out the Secretary of Veterans Affairs), to a nurs- ‘‘(C) developing and instituting cost-effec- the following seismic correction major medi- ing home care unit until 45 days after the tive alternatives to provision of institutional cal facility projects, with each project to be date on which the report required by sub- carried out in the amount specified for that care.’’; and section (a) is submitted. project: (3) by adding at the end the following new (1) Seismic corrections at the Department TITLE II—STRATEGIC PLANNING FOR subsection: ‘‘(d)(1) The Secretary shall submit to each of Veterans Affairs medical center in Palo HEALTH CARE RESOURCES committee, not later than January 31 of each Alto, California, in the amount of $36,000,000. SEC. 201. STRATEGIC PLANNING. year, a report showing the current priorities (2) Seismic corrections at the Department Section 8107 of title 38, United States Code, of the Department for proposed major medi- of Veterans Affairs medical center in Long is amended— cal construction projects. Each such report Beach, California, in the amount of (1) by redesignating subsection (b) as sub- shall identify the 20 projects, from within all $20,200,000. section (c); the projects in the Department’s inventory (3) Seismic corrections at the Department (2) by striking out subsection (a) and in- of proposed projects, that have the highest serting in lieu thereof the following new sub- of Veterans Affairs medical center in San priority and, for those 20 projects, the rel- sections: Francisco, California, $26,000,000. ative priority and rank scoring of each such ‘‘(a) In order to promote effective planning SEC. 102. AUTHORIZATION OF MAJOR MEDICAL project. The 20 projects shall be compiled, for the efficient provision of care to eligible FACILITY LEASES. and their relative rankings shall be shown, The Secretary of Veterans Affairs may veterans, the Secretary, based on the analy- by category of project (including the cat- enter into leases for medical facilities as fol- sis and recommendations of the Under Sec- egories of ambulatory care projects, nursing lows: retary for Health, shall submit to each com- home care projects, and such other cat- (1) Lease of a satellite outpatient clinic in mittee, not later than January 31 of each egories as the Secretary determines). Allentown, Pennsylvania, in an amount not year, a report regarding long-range health ‘‘(2) The Secretary shall include in each re- to exceed $2,159,000. planning of the Department. port, for each project listed, a description of (2) Lease of a satellite outpatient clinic in ‘‘(b) Each report under subsection (a) shall the specific factors that account for the rel- Beaumont, Texas, in an amount not to ex- include the following: ative ranking of that project in relation to ceed $1,940,000. ‘‘(1) A five-year strategic plan for the pro- other projects within the same category. (3) Lease of a satellite outpatient clinic in vision of care under chapter 17 of this title to ‘‘(3) In a case in which the relative ranking Boston, Massachusetts, in an amount not to eligible veterans through coordinated net- of a proposed project has changed since the exceed $2,358,000. works of medical facilities operating within last report under this subsection was submit- (4) Lease of a parking facility in Cleveland, prescribed geographic service-delivery areas, ted, the Secretary shall also include in the Ohio, in an amount not to exceed $1,300,000. such plan to include provision of services for report a description of the reasons for the (5) Lease of a satellite outpatient clinic the specialized treatment and rehabilitative change in the ranking, including an expla- and Veterans Benefits Administration field needs of disabled veterans (including veter- nation of any change in the scoring of the office in San Antonio, Texas, in an amount ans with spinal cord dysfunction, blindness, project under the Department’s scoring sys- not to exceed $2,256,000. amputations, and mental illness) through tem for proposed major medical construction (6) Lease of a satellite outpatient clinic in distinct programs or facilities of the Depart- projects.’’. Toledo, Ohio, in an amount not to exceed ment dedicated to the specialized needs of SEC. 202. REVISION TO PROSPECTUS REQUIRE- $2,223,000. those veterans. MENTS. SEC. 103. AUTHORIZATION OF APPROPRIATIONS. ‘‘(2) A description of how planning for the (a) ADDITIONAL INFORMATION.—Section (a) IN GENERAL.—There are authorized to networks will be coordinated. 8104(b) of title 38, United States Code, is be appropriated to the Secretary of Veterans ‘‘(3) A profile regarding each such network amended— Affairs for fiscal year 1997— of medical facilities which identifies— (1) by striking out ‘‘shall include—’’ and (1) for the Construction, Major Projects, ‘‘(A) the mission of each existing or pro- inserting in lieu thereof ‘‘shall include the account, $422,300,000 for the projects author- posed medical facility in the network; following:’’; ized in section 101; and ‘‘(B) any planned change in the mission for (2) in paragraph (1)— (2) for the Medical Care account, $12,236,000 any such facility and the rationale for such (A) by striking out ‘‘a detailed’’ and insert- for the leases authorized in section 102. planned change; ing in lieu thereof ‘‘A detailed’’; and H5768 CONGRESSIONAL RECORD — HOUSE June 4, 1996

(B) by striking out the semicolon at the (b) PARKING FACILITIES.—Section first day on which James H. Quillen other- end and inserting in lieu thereof a period; 8109(h)(3)(B) of such title is amended by wise ceases to be a Member of the House of (3) in paragraph (2)— striking out ‘‘working drawings’’ and insert- Representatives. (A) by striking out ‘‘an estimate’’ and in- ing in lieu thereof ‘‘construction docu- SEC. 303. NAME OF DEPARTMENT OF VETERANS serting in lieu thereof ‘‘An estimate’’; and ments’’. AFFAIRS NURSING CARE CENTER, (B) by striking out ‘‘; and’’ and inserting in SEC. 205. VETERANS HEALTH ADMINISTRATION ASPINWALL, PENNSYLVANIA. lieu thereof a period; HEADQUARTERS. The Department of Veterans Affairs nurs- (4) in paragraph (3), by striking out ‘‘an es- (a) REPEAL OF STATUTORY SPECIFICATION OF ing care center at the Department of Veter- timate’’ and inserting in lieu thereof ‘‘An es- ORGANIZATIONAL SERVICES.—The text of sec- ans Affairs medical center in Aspinwall, timate’’; and tion 7305 of title 38, United States Code, is Pennsylvania, shall after the date of the en- (5) by adding at the end the following new amended to read as follows: actment of this Act be known and designated paragraphs: ‘‘(a) The Veterans Health Administration as the ‘‘H. John Heinz, III Department of ‘‘(4) Demographic data applicable to the shall include the Office of the Under Sec- Veterans Affairs Nursing Care Center’’. Any project, including information on projected retary for Health and such professional and reference to such nursing care center in any changes in the population of veterans to be auxiliary services as the Secretary may find law, regulation, map, document, record, or served by the project over a five-year period to be necessary to carry out the functions of other paper of the United States shall be and a ten-year period. the Administration. considered to be a reference to the H. John ‘‘(5) Current and projected workload and ‘‘(b) In organizing, and appointing persons Heinz, III Department of Veterans Affairs utilization data. to positions in, the Office, the Under Sec- Nursing Care Center. ‘‘(6) Current and projected operating costs retary shall ensure that the Office is staffed SEC. 304. RESTORATION OF AUTHORITY FOR ES- of the facility, to include both recurring and so as to provide the Under Secretary with TABLISHMENT OF DEPARTMENT OF VETERANS AFFAIRS RESEARCH COR- non-recurring costs. appropriate expertise, including expertise PORATIONS. ‘‘(7) The priority score assigned to the in— Section 7368 of title 38, United States Code, project under the Department’s ‘‘(1) unique programs operated by the Ad- is amended by striking out ‘‘December 31, prioritization methodology and, if the ministration to provide for the specialized 1992’’ and inserting in lieu thereof ‘‘Decem- project is being proposed for funding ahead treatment and rehabilitation of disabled vet- ber 31, 2000’’. of a project with a higher score, a specific ex- erans (including blind rehabilitation, spinal The SPEAKER pro tempore. Pursu- planation of the factors other than the prior- cord dysfunction, mental illness, and geri- ity that were considered and the basis on atrics and long-term care); and ant to the rule, the gentleman from Ar- which the project is proposed for funding ‘‘(2) appropriate clinical care disciplines.’’. izona [Mr. STUMP] and the gentleman ahead of projects with higher priority scores. (b) OFFICE OF THE UNDER SECRETARY.—Sec- from Mississippi [Mr. MONTGOMERY] ‘‘(8) A listing of each alternative to con- tion 7306 of such title is amended— will each be recognized for 20 minutes. struction of the facility that has been con- (1) in subsection (a)— The Chair recognizes the gentleman sidered.’’. (A) by striking out ‘‘and who shall be a from Arizona [Mr. STUMP]. (b) APPLICABILITY.—The amendments made qualified doctor of medicine’’ in paragraph GENERAL LEAVE by subsection (a) shall apply with respect to (2); Mr. STUMP. Mr. Speaker, I ask any prospectus submitted by the Secretary (B) by striking out paragraphs (5), (6), and unanimous consent that all Members of Veterans Affairs after the date of the en- (7); and actment of this Act. (C) by redesignating the succeeding two may have 5 legislative days within SEC. 203. CONSTRUCTION AUTHORIZATION RE- paragraphs as paragraphs (5) and (6), respec- which to revise and extend their re- QUIREMENTS. tively; and marks on H.R. 3376, as amended. (a) DEFINITION OF MAJOR MEDICAL FACILITY (2) in subsection (b)— The SPEAKER pro tempore. Is there PROJECT.—Paragraph (3)(A) of section 8104(a) (A) by striking out ‘‘subsection (a)(3)’’ and objection to the request of the gen- of title 38, United States Code, is amended by all that follows through ‘‘two may be’’ and tleman from Arizona? striking out ‘‘$3,000,000’’ and inserting inserting in lieu thereof ‘‘subsection (a)(3), There was no objection. ‘‘$5,000,000’’. not more than two may be’’; Mr. STUMP. Mr. Speaker, I yield my- (b) APPLICABILITY OF CONSTRUCTION AU- (B) by striking out the semicolon after self such time as I may consume. THORIZATION REQUIREMENT.—(1) Subsection ‘‘dental medicines’’ and inserting in lieu (Mr. STUMP asked and was given (b) of section 301 of the Veterans’ Medical thereof a period; and permission to revise and extend his re- Programs Amendments of 1992 (Public Law (C) by striking out paragraphs (2) and (3). marks.) 102–405; 106 Stat. 1984) is repealed. TITLE III—OTHER MATTERS (2) The amendments made by subsection Mr. STUMP. Mr. Speaker, this bill SEC. 301. NAME OF DEPARTMENT OF VETERANS authorizes $422 million in VA major (a) of such section shall apply with respect AFFAIRS MEDICAL CENTER, JACK- to any major medical facility project or any SON, MISSISSIPPI. medical facility construction for fiscal major medical facility lease of the Depart- (a) NAME.—The Department of Veterans year 1997. ment of Veterans Affairs, regardless of when Affairs medical center in Jackson, Mis- I want to thank the ranking member funds are first appropriated for that project sissippi, shall be known and designated as of the committee, my good friend, or lease, except that in the case of a project the ‘‘G. V. Sonny Montgomery Department SONNY MONTGOMERY, for his work on for which funds were first appropriated be- of Veterans Affairs Medical Center’’. Any this measure. I also want to thank TIM fore October 9, 1992, such amendments shall reference to such medical center in any law, HUTCHINSON, chairman of the Hospitals not apply with respect to amounts appro- regulation, map, document, record, or other and Health Care Subcommittee, and priated for that project for a fiscal year be- paper of the United States shall be consid- CHET EDWARDS, the subcommittee’s fore fiscal year 1998. ered to be a reference to the G. V. Sonny (c) LIMITATION ON OBLIGATIONS FOR AD- Montgomery Department of Veterans Affairs ranking member, for their bipartisan VANCE PLANNING.—Section 8104 of title 38, Medical Center. approach to this bill. United States Code, is amended by adding at (b) EFFECTIVE DATE.—Subsection (a) shall Last year, a separate VA construc- the end the following new subsection: take effect at noon on January 3, 1997, or the tion authorization bill was not acted ‘‘(f) The Secretary may not obligate funds first day on which G. V. Sonny Montgomery on by the House. The final omnibus ap- in an amount in excess of $500,000 from the otherwise ceases to be a Member of the propriations bill for fiscal year 1996 Advance Planning Fund of the Department House of Representatives. toward design or development of a major only partially funded the projects ap- SEC 302. NAME OF DEPARTMENT OF VETERANS proved by the Committee on Veterans’ medical facility project until— AFFAIRS MEDICAL CENTER, JOHN- ‘‘(1) the Secretary submits to the commit- SON CITY, TENNESSEE. Affairs. Approximately, $200 million re- tees a report on the proposed obligation; and (a) NAME.—The Mountain Home Depart- mained unauthorized and unappropri- ‘‘(2) a period of 30 days has passed after the ment of Veterans Affairs medical center in ated after final action on the fiscal date on which the report is received by the Johnson City, Tennessee, shall after the date year 1996 legislation. H.R. 3376 includes committees.’’. of the enactment of this Act be known and that $200 million project list and adds SEC. 204. TERMINOLOGY CHANGES. designated as the ‘‘James H. Quillen Depart- further projects to combine the re- (a) DEFINITION OF ‘‘CONSTRUCT’’.—Section ment of Veterans Affairs Medical Center’’. maining portion of last year’s bill into 8101(2) of title 38, United States Code, is Any reference to such medical center in any a fiscal year 1997 construction bill. amended— law, regulation, map, document, record, or I want to point out to Members that (1) by striking out ‘‘working drawings’’ and other paper of the United States shall be inserting in lieu thereof ‘‘construction docu- considered to be a reference to the James H. this bill does not construct new hos- ments’’; and Quillen Department of Veterans Affairs Med- pitals, or additional new inpatient bed (2) by striking out ‘‘preliminary plans’’ and ical Center. capacity. inserting in lieu thereof ‘‘design develop- (b) EFFECTIVE DATE.—Subsection (a) shall The projects in this bill fall into ment’’. take effect at noon on January 3, 1997, or the three main categories, ambulatory June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5769 care additions, patient environment half, and was proud to introduce H.R. 54,000 beds to adjust to the changes in improvements, and seismic correc- 3320, which is incorporated in the bill health care and this legislation seeks tions. These 21 projects come from the before us today. H.R. 3320 was cospon- to assist the VA in its continued tran- top of VA’s priority list in each cat- sored on a bipartisan basis by the en- sition from a hospital-based system egory. Over 200 projects were scored tire Tennessee delegation and by every into a health care system. and evaluated by the VA for the 1997 Member of the House Veterans’ Affairs I would like to highlight a very sig- budget cycle. Committee. I want to express my per- nificant provision in this bill which re- The ambulatory care additions will sonal thanks to another Member of the quires the VA to develop a 5-year stra- help the VA shift more rapidly to out- Tennessee delegation, JOHN DUNCAN, tegic plan for its health care system. patient care as the private sector has. for his assistance and hard work on Within the development of the plan, The patient environment improvement this bill. the VA is required to address such fac- projects renovate and replace existing, Mr. Speaker, the third naming provi- tors as veteran population trends, re- but substandard, inpatient capacity. sion in the bill honors the late Senator source distribution, cost of patient And, the seismic correction projects from Pennsylvania, the Honorable care, the capacity of non-Federal pro- will help VA facilities better withstand John Heinz. Senator Heinz served the viders within their geographic planning earthquakes in areas most prone to ex- people of his State for 20 years in out- networks, the missions of each facility perience them. standing fashion. His tragic death in a within the network, and specifically, The bill also makes important im- plane crash in 1991, prematurely ended the distribution of the important spe- provements in the VA’s strategic plan- the congressional service of this Air cialized services on both the network ning process for future evaluation of Force veteran. and national levels. Effective planning construction priorities. TIM HUTCHIN- His long time support for our Na- will make the VA a more effective and SON will say more about the bill in his tion’s veterans warrants the action we efficient provider of quality health explanation; however, I want to point take today, which will change the services able to better serve veterans out another very important part of the name of the Aspinwall VA Nursing by placing services where veterans bill. Title 3 of H.R. 3376 renames three Care Center, to the H. John Heinz, III need them. VA facilities after very deserving indi- Department of Veterans Affairs Nurs- Over the years, many of my col- viduals, the Honorable G.V. SONNY ing Care Center. I want to thank Rep- leagues and their veteran constituents have voiced concerns about the un- MONTGOMERY, the Honorable JAMES H. resentative MIKE DOYLE, a Member of QUILLEN, and the Honorable H. John the Veterans’ Affairs Committee for in- equal distribution of VA resources. Heinz III. troducing the original bill, H.R. 2760, This bill represents a significant step I would like to take the time to lead which was sponsored by the entire in creating parity for veterans by re- quiring VA to compare expenditures of off the comments about naming the VA Pennsylvania delegation. medical center in Jackson, MS after veterans by geographic networks and b 1415 my closest friend in the House, SONNY then shifting resources to follow the MONTGOMERY. To say that taking this Mr. Speaker, I yield such time as he veteran. action enjoys unanimous support may consume to the gentleman from In strengthening strategic planning would actually be quite an understate- Arkansas [Mr. HUTCHINSON] for an ex- the bill also requires that as part of the ment. Not taking this action would be planation of his bill. annual authorization process the VA one of the gravest omissions the 104th Mr. HUTCHINSON. Mr. Speaker, I provide a report on the top 20 major Congress could possibly make. thank the chairman for yielding me medical construction projects, the rel- Naming this VA facility after SONNY this time. ative of each project by category, and a is fitting recognition to his commit- Mr. Speaker, I urge my colleagues to description of the factors that account ment and devotion to our Nation’s vet- support H.R. 3376, bipartisan legisla- for the rank of each project. In this era erans during 30 years of service in the tion which authorizes major facility of public accountability, it is critical House of Representatives. His record of projects and major medical facility that each major expenditure speak to leadership and accomplishment as leases for the Department of Veterans the highest priority needs of veterans. The bill also raises the threshold for chairman of the House Committee on Affairs health care system, as well as a major construction projects from the Veterans’ Affairs, and as a senior mem- number of other important provisions current level of $3 to $5 million. It ber of the Armed Services, now Na- which ensure effective strategic plan- would also limit the scope of the so- tional Security Committee, are unpar- ning and management of the Veterans called grandfather clause and require Health Administration. alleled. He has rightfully been called that major projects be authorized an- I would like to thank Chairman Mr. Veteran, and I doubt his standing nually to ensure facility need and ac- STUMP, along with the ranking mem- among our Nation’s veterans will ever countability in the major construction ber, SONNY MONTGOMERY, and my sub- be eclipsed. I am proud to cosponsor program. this naming bill and to have the privi- committee colleague, CHET EDWARDS, The bill removes the requirement lege, as chairman of the Committee on for their efforts to meld this bill into that the Veterans Health Administra- Veterans’ Affairs, to bring this meas- an effective piece of legislation which tion be organized along certain clinical ure to the floor in honor of this great addresses the highest priority facility specialties and allows the Under Sec- American. construction needs within the VA sys- retary greater flexibility in the organi- Mr. Speaker, H.R. 3376 also renames tem. zation of the headquarters staff. the VA medical center in Johnson City, H.R. 3376 authorizes the appropria- Last and most importantly, this bill TN after another true friend of our Na- tion of $422.3 million for 21 projects honors three great Americans by nam- tion’s veterans, JIMMY QUILLEN. The which includes the construction of 8 ing VA facilities after them. They are distinguished gentleman from Ten- outpatient clinics, renovation of 10 pri- G.V. Sonny Montgomery Veterans Af- nessee is retiring after 34 years as a ority patient environment projects, fairs Medical Center, Jackson, MS; the member of this body, during which he and the correction of major seismic James H. Quillen Veterans Affairs Med- has dedicated himself to improving ac- problems at 3 California medical cen- ical Center, in Johnson City, TN and cess to health care for the citizens of ters. The legislation also authorizes the H. John Heinz III Veterans Affairs his district and State. Those efforts $12.2 million for six major medical fa- Nursing Care Center, Aspinwall, PA. have included the veterans of Ten- cility leases. I would like to strongly The rapidly changing health care en- nessee and all veterans throughout the reiterate that this legislation does not vironment, coupled with our joint re- country. His support for improving add one hospital bed to the system but sponsibility to the veteran and the tax- care and expanding the facilities at the instead puts the focus on needed im- payer, are satisfied by the provisions of Johnson City, VA medical center are provements for patient privacy, safety, this legislation. I strongly urge its pas- well known. and renovation of the valuable infra- sage. I strongly believe JIMMY QUILLEN’s structure of aging and often historic Mr. Speaker, I want to especially service to veterans warrants this ac- mental health facilities. Since 1969, the give my personal tribute to the gen- tion honoring his efforts on their be- VA health care system has closed over tleman from Mississippi, G.V. SONNY H5770 CONGRESSIONAL RECORD — HOUSE June 4, 1996 MONTGOMERY, a true friend of veterans existing hospital space so that the VA planning, to include its construction plans. It and no one more deserving of this rec- can provide care in a humane and safe would also require VA to provide the Commit- ognition and this honor. My prede- environment and increase the number tees on Veterans' Affairs with an annual report cessor, a long-time member of the of veterans that they can see on a daily identifying by category the construction Committee on Veterans’ Affairs, John basis. projects which represent its highest priorities Paul Hammerschmidt, regarded SONNY Now, Mr. Speaker, the Congress has a for funding. Such reporting would assist the as his dearest and closest friend in all record of being very responsive to vet- committees in developing construction author- of Congress, if not all the world. I share erans needs. From 1988 to 1995 the Con- ization legislation. In that regard, one section that same affection and am glad to pay gress appropriated an average of $436 of the bill, which would repeal a grandfather that honor to him today and to support million per year for VA major con- clause, exempting certain construction projects this legislation. struction, with most of this money from the authorization requirement, has Mr. MONTGOMERY. Mr. Speaker, I going for medical construction. With prompted a technical question. yield myself such time as I may these funds, the VA was able to re- My friend, VIC FAZIO, has asked me to clar- consume. place, to modernize a number of our 171 ify the impact that repeal would have on the I certainly want to begin by thank- hospitals that we have across the coun- proposed fiscal year 1997 funding of construc- ing the chairman of the committee, the try, and to open the state-of-the-art tion work on a replacement VA medical center gentleman from Arizona, the Honor- outpatient centers. at Travis Air Force Base. In adopting a con- able BOB STUMP, for bringing this bill However, last year, the VA only got struction authorization requirement, the Con- to the floor and for the very, very kind $136 million in medical construction gress in Public Law 102±405 grandfathered words that the chairman has given me funds. The amount recommended by construction projects for which funds had been and the gentleman from Tennessee, the appropriation subcommittee for appropriated before the law's enactment, in ef- JIMMY QUILLEN, and former Senator the coming fiscal year is more than fect providing that the construction authoriza- John Heinz. that, but it is still $200 million less tion requirement would not apply to those I want to point out, Mr. Speaker, than it should be. projects. It is my understanding that the VA's that under the leadership of BOB Last week the house appropriated general counsel has concluded, based on STUMP, our committee is bipartisan. over $300 million for construction for Congress having provided specific funding for We work together, we have no prob- military medical treatment facilities. the advance planning and design phases of a lems, and, naturally, I would say this And, Mr. Speaker, they do not have Martinez replacement hospital prior to the en- is a good bill being brought to the floor half, even a third, of the medical facili- actment of Public Law 102±504, that VA may, today. ties we have for the VA. We have just under the grandfather clause, obligate moneys I also want to thank the chairman of not provided enough money to keep appropriated for constructing a replacement the Subcommittee on Hospitals and these veterans’ facilities in decent hospital at Travis Air Force Base. Under H.R. Health Care, the gentleman from Ar- shape. 3376, the repeal of the grandfather clause kansas, the Honorable TIM HUTCHINSON, In addition, the veterans populations would first have application with respect to and I am certainly glad that he has is shifting, and we need to try to meet amounts appropriated for fiscal year 1998. Ac- considered running for the House again that increased demand, especially cordingly, should Congress appropriate fiscal and leaving the Senate alone. I think through opening more outpatients clin- year 1997 funds for the Travis project, nothing that was the right decision. ics. What we are trying to do is maybe in H.R. 3376 would bar VA from obligating Also thanks to the gentleman from get away from the big hospitals and those fiscal year 1997 funds. Texas, the Honorable CHET EDWARDS, have outpatient clinics where we can Mr. Speaker, H.R. 3376 does raise some for working together, as I mentioned, take care of more of the veterans. important issues, beyond the specific projects in a bipartisan manner for this legisla- VA had a backlog of high-priority it authorizes. VA is making needed reforms in tion. medical construction projects which its medical care system, but its physical plant The construction authorization bill, total out at about $3 billion. If we con- needs work too. In many places around the H.R. 3376, is very important in that tinue at the current pace of funding country, VA must provide care in aging facili- many VA hospitals were built more these projects, some of these hospitals ties that need major renovation. Veterans con- than 50 years ago, Mr. Speaker, and will be a pile of rubble before we get tinue to rely on VA care, so we can't just let they were not designed for the way around to finding the money to ren- VA hospitals deteriorate. We need to bring old health care is provided today. Too ovate them. I hope we can fund more buildings up to acceptable patient-care and many of these old patient care build- funds for the outpatient clinics and privacy standards, and strengthen inpatient fa- ings have never been upgraded. As a re- other projects that our committee is cilities that are vulnerable to earthquakes. We sult, it is difficult to care for some of recommending in this legislation. We also need to give VA the means to lower the the veterans with psychiatric prob- need to fund all of the projects in this cost of care by funding construction that would lems, the problems with infection con- bill if we are going to keep our word to allow VA to replace hospital wards with new trol, and situations really exist that the veterans. space in which to provide outpatient care. interfere with good treatment. Mr. Speaker, I urge my colleagues to These are high priority needs, and the VA has As many of my colleagues are aware, support this bill. a large backlog of such priority construction the VA is making many changes in its Mr. Speaker, I am pleased that a construc- projects totaling $3 billion. But veterans across health care system. And the gentleman tion authorization bill is at last being brought to the country wait, year after year, in hope that from Arizona, Chairman STUMP, and I the floor. This bill represents a good-faith, truly Congress will provide the funds needed to ad- think it is for the best in making these bipartisan approach to identifying the most dress such problems at their local VA hospital. changes. needed major medical construction work within Members need to know, however, that the Last week the Washington Post ran a the VA health care system. I commend BOB fiscal year 1997 VA-HUD appropriations bill very long article written by Bill STUMP, the chairman of the Veterans' Affairs marked up last week by the Subcommittee on McAllister about the VA’s increased Committee for his leadership in developing VA, HUD, and Independent Agencies will pro- emphasis on primary care and its and marking up this bill. I also want to thank vide funding for only a few of the projects struggle to update its facilities. Mil- the chairman of the Subcommittee on Hos- which H.R. 3376 would authorize. With only lions of veterans continue to rely on pitals and Health Care, the Honorable TIM $189 million targeted to major medical con- the VA care. So we need to authorize HUTCHINSON, and the ranking member, the struction projects under the marked up bill, the construction projects to fix these old Honorable CHET EDWARDS, for their work on level of funding is simply inadequate, both with buildings up and make our patient care this bill. respect to the volume of needed construction more convenient. In addition to authorizing major medical con- and in relation to funding levels in prior Con- The projects included in this bill are struction projects for fiscal year 1997, this bill gresses. From 1988 to 1995, for example, the at the very top of the VA priority list. would make statutory changes aimed at im- Congress appropriated an annual average of Rather than adding more hospital beds proving the construction planning process. $436 million for VA major construction, with or, as has been said earlier, building Among these, the bill would require VA to de- most of this money going for medical con- more hospitals, these projects expand velop a strategic planning process and to pro- struction. With the substantially reduced levels outpatient capacity and renovation of vide Congress annually a detailed report on its of VA construction funding in this Congress, June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5771 the upshot is that critically needed projects will Veterans will find this difficult to understand in has never lost an election, primarily face years of delay. light of the subcommittee's reversal on a because he served his people well, and It is particularly important, therefore, that project it rejected last year. The subcommittee he never got too big for his britches or those limited funds dedicated to major medical reported last year that it could not fund the let his position go to his head. construction for veterans are targeted to the proposed replacement hospital at Travis Air He has now achieved the record for most compelling of VA's needs. For that rea- Force Base ``because of the budgetary situa- the longest continuous service of any son, it is very disappointing to find moneys tionÐboth present and anticipated in the fu- Tennessean ever to serve in Congress. earmarked under the proposed fiscal year ture'', and instead fiscal year 1996 funds were Congressman QUILLEN is certainly a 1997 appropriation for projects which VA itself appropriated for an outpatient clinic at Travis. living legend. He came up the hard does not support or for which there is no com- The subcommittee has now reversed course way, 1 of 10 children, in what was con- pelling priority. and has proposed partial funding of the Travis sidered poverty even many years ago. With the very limited major medical con- hospital construction project. As he has said, he was poor, but did not struction funding proposed in the subcommit- If the gloomy budget situation which ap- know it, because he came from a good tee's bill, and apparent differences over what peared to have doomed the Travis project last and loving family. constitute construction priorities, there is little year has in fact brightened sufficiently to per- He has achieved great success, both prospect of making any significant dent in mit an about-face, then it surely must mean in business and in politics. At one time VA's huge construction backlog. It is illuminat- there is sufficient flexibility to fund some of the he was the youngest newspaper pub- ing, however, to examine the kinds of projects compelling projects I have cited above. lisher in the State of Tennessee, and he which the Veterans' Affairs Committee deter- Given the state of the infrastructure at many started one of the most successful in- mined to have the most compelling need for of VA's medical centers, veterans will be trou- surance agencies in our State. JIMMY funding and which will go unfunded for an- bled by appropriations' subcommittee's deci- QUILLEN served this Nation with honor other year. They include situations in which: sions to fund major construction for a second in the U.S. Navy. He has always had a Patients referred to a specialty VA psy- year at levels more than $200 million below special place in his heart for our coun- chiatric treatment center are hospitalized in prior-year funding. If the appropriations' sub- try’s veterans, and he has fought hard buildings constructed in the 1920's which lack committee's recommendations were to be to protect and support the Veterans’ adequate ventilation, air conditioning, handi- adopted, major medical construction funding Hospital in Johnson City. On a personal note, for almost 32 of capped facilities, and elevators, and which do for the two sessions of the 104th Congress the 34 years, JIMMY QUILLEN has been not provide a suitable environment for patients would total only $336 million, in contrast with in Congress, he has served alongside with acute psychiatric behavior. To be re- a total of $869 million appropriated for VA someone named Duncan, first my fa- placed with construction of a new psychiatric major medical construction during the 103d ther, and now me. He was one of my fa- care building at a cost of $24.3 millionÐBattle Congress. ther’s closest friends, and they worked Creek, MI. Veterans will rightly question the depths of Structural problems in the design of 50- together for almost 24 years. these cuts. It is not enough to increase VA I am now in my 8th year in the year-old patient care buildings, which also do medical care funding; veterans should not be House, and during that time, as several not meet fire, life-safety, and disabled-access asked to receive care in substandard half-cen- people have noticed, JIMMY QUILLEN requirements, at a major medical facility tury old VA facilities or to wait patiently as has treated me almost like a son. He render them especially vulnerable to an earth- needed renovations are deferred year after has been so kind and helpful to me, as quake. Requiring correction at cost of $20.2 year. There is clearly no Federal-wide plan to he has been to countless thousands in millionÐLong, Beach, CA. slash construction spending. The fiscal year his district and throughout this Na- VA treats veterans in a 1940-vintage build- 1997 military construction appropriations bill, tion. ing with such inadequate space that outpatient for example, provides more than $300 million I can think of no honor more well-de- care areas are congested, chaotic, lack a des- for military hospital and medical projects; yet served, no honor more fitting and ap- ignated emergency room, and provide inad- the number of DOD tertiary care treatment fa- propriate, than to name the Veterans’ equate patient privacy. Requiring construction cilities is far smaller than the number of VA Hospital at Johnson City after a truly of an ambulatory care addition at a cost of tertiary care facilities. Our commitment to great American, Congressman JAMES $12.7 millionÐTomah, WI. America's veterans requires that we treat them H. QUILLEN. Veterans are hospitalized for psychiatric with dignity. We fail in that duty when we toler- Mr. Speaker, while I am up, I would problems under cramped conditions in a ate their receiving care in facilities which no like to also commend the gentleman 1930's-vintage building constructed for tuber- longer meet safety codes, are overcrowded, or from Arizona, Chairman STUMP, as the culosis patients at a major VA center. Requir- deny them the degree of privacy we would chairman of the Committee on Veter- ing construction of a mental health addition at want for ourselves. ans’ Affairs, for naming the medical fa- a cost of $19.7 millionÐDallas, TX. Mr. Speaker, I reserve the balance of cility in Jackson, MS, after another The space within which a 40-year-old major my time. great American Congressman, the gen- urban medical facility can provide ambulatory Mr. STUMP. Mr. Speaker, I yield 3 tleman from Mississippi, SONNY MONT- care is 62 percent deficient of its real needs minutes to the gentleman from Ten- GOMERY, one of the finest and one of resulting in inadequate number of treatment nessee [Mr. DUNCAN]. the most popular Members in this Con- rooms, undue delays in scheduling appoint- Mr. DUNCAN. Mr. Speaker, I thank gress. ments, treatment rooms scattered over three the gentleman for yielding to me. He has achieved a record that not floors, insufficient waiting areas, and critical Mr. Speaker, I am pleased to be the many people could match in his 30 shortage of storage space, in addition to non- original sponsor of the request to name years of service in this Congress. An- compliance with standards governing ventila- the Veterans’ Hospital in Johnson other close friend of our family, Con- tion and handicapped access. Requiring con- City, TN, after our colleague, the gen- gressman SONNY MONTGOMERY, is one struction of an ambulatory care addition and tleman from Tennessee [Mr. QUILLEN]. of the finest men that any of us could hospital renovations at a cost of $13.5 mil- I am very grateful to the outstanding ever meet, and I am pleased that that lionÐBrockton, MA. chairman of the Veterans’ Affairs Com- facility will be named after Congress- mittee for including this provision in Patient wards in a more than 30-year-old man MONTGOMERY. major metropolitan hospital suffer from severe his legislation which we are taking up space, functional and technical deficiencies in- today. It is primarily due to the gen- b 1430 cluding lack of sufficient fire sprinklers, infec- tleman from Arizona, Chairman Mr. STUMP. Mr. Speaker, I yield 2 tion-control problems associated with lack of STUMP, that this action has moved minutes to the gentleman from Califor- private toilet and shower facilities, inadequate through the process so expeditiously. nia [Mr. HORN]. facilities for female patients, and lack of handi- Congressman JIMMY QUILLEN was Mr. HORN. Mr. Speaker, I commend capped accessibility. Requiring ward mod- first elected to the House in 1962. He particularly the gentleman from Ari- ernization at a cost of $29.5 millionÐAtlanta, served for 8 years prior to that in the zona, Chairman STUMP, and the gen- GA. Tennessee State house. tleman from Mississippi, former Chair- In my view, Mr. Speaker, these are compel- For 42 years, he has been elected, man MONTGOMERY, for this excellent ling needs, and it is distressing that sufficient every 2 years, to a legislative office by bill that they have encouraged their funds are not being allocated to meet them. the people of upper east Tennessee. He colleagues to report to the floor. H5772 CONGRESSIONAL RECORD — HOUSE June 4, 1996 Along with many other worthy fully we can reach a consensus on con- erans as a member of the House Veterans' projects in this legislation, over $20 struction as well as other areas of the Affairs Committee. Over the years it has al- million is authorized for seismic cor- appropriation bills that do not match ways been clear that a unique bipartisan spirit rections in the Long Beach Veterans up with the priorities on the Commit- has prevailed there. That spirit has arisen from Administration Medical Center. The tee on Veterans’ Affairs. the shared commitment of the vast majority of Long Beach VA Medical Center has Mr. Speaker, I urge passage of H.R. the members of the committee to honor our earned a well-deserved reputation for 3376. obligations to our veterans first. Mr. MONTGOM- providing a top-notch and first class di- Mr. MONTGOMERY. Mr. Speaker, I ERY, by his tireless service to the committee verse range of services not only to vet- yield myself 30 seconds. has nurtured that bipartisan spirit. Our success erans in Long Beach, but also to veter- Mr. Speaker, I rise to thank the gen- has been largely attributable to his fine service ans throughout southern California. tleman from Tennessee and the gen- and leadership here and we will miss him. One of the VA’s largest single divi- tleman from Pennsylvania for their Mr. HOYER. Mr. Speaker, I rise today in sion tertiary care medical centers, the very, very kind remarks about JIMMY support of H.R. 3376. In particular, I am Long Beach VA Medical Center has QUILLEN and John Heinz and myself. pleased that the bill authorizes $15.1 million achieved national prominence in the We think we did the best we could on for major renovations at the Perry Point Medi- field of spinal cord injury and the reha- this legislation, and I encourage my cal Center in Maryland. bilitation of paraplegics and colleagues to support it. The project will focus on renovating and re- quadriplegics. Long Beach’s VA Medi- The gentleman from Arkansas men- configuring the patient rooms in the psychiatric cal Center has also been a leader in tioned his predecessor John Paul Ham- nursing units in order to improve patient pri- health care innovation and in cost con- merschmidt, who is a good friend of vacy. Two of the buildings involved in the tainment. The entire VA medical sys- mine. Mr. Hammerschmidt and I served project were built in 1935 and this project will tem has benefited from a cost account- for a number of years together on the meet disability accessibility requirements and ing package developed at the Long Veterans’ Committee, including three upgrade and modernize the facility's utilities. Beach center. Congresses during which he served as Additionally, this legislation will instruct the The Center’s efforts to improve effi- the ranking minority member while I Veterans' Administration to meet space plan- ciency serve as an example to hospitals served as chairman. Mr. Hammer- ning criteria and standards set by the Joint throughout the United States. The schmidt was an outstanding member of Commission on Accreditation of Health Care seismic corrections funding authorized this committee and the House of Rep- Organizations. in H.R. 3376 will allow the Center to resentatives. All of the veterans’ orga- The Perry Point VA Medical Center provides continue its state-of-the-art research nizations admired him and praised his excellent extended and psychiatric care to vet- and the excellent care it provides to its service on behalf of veterans, and he erans throughout the State of Maryland as patients. gave me wise counsel on numerous oc- well as the mid-Atlantic region who have I urge all my colleagues to vote in casions during our service together on served our Nation so ably in the name of free- favor of the VA construction author- the Veterans’ Committee. dom and democracy. Perry Point, along with ization bill not because the Long Beach I also want to thank the gentleman the VA medical center at Baltimore and the VA Medical Center is in it, but for the from Tennessee [Mr. DUNCAN] for his other facilities included in the Chesapeake many other very worthy centers which remarks. As he said, his family and network, provide specialty services to tens of are being upgraded. mine are very close friends. thousands of veterans each year. Mr. STUMP. Mr. Speaker, I yield 1 Mr. SMITH of New Jersey. Mr. Speaker, I Mr. Speaker, it gives me great pleasure to minute to the gentleman from Penn- rise today in support of this bill. The Veterans rise with my colleagues in support of this sylvania [Mr. GEKAS]. Health Administration is a model of our na- measure which embodies a bipartisan commit- Mr. GEKAS. Mr. Speaker, I thank tional commitment to honor our debts. It must ment to providing the best services for our Na- the gentleman for yielding time to me. be preserved. For that to happen, it must be tion's veterans. Mr. Speaker, the tribute paid today allowed to change with the rest of the health Veterans from throughout the Fifth Congres- by the speakers thus far to our col- care industry. One of the most significant sional District and the State of Maryland will leagues JIMMY QUILLEN and SONNY changes in our Nation's health care delivery in be better served as a result of this legislation MONTGOMERY are well deserved and recent years has been the movement to in- and the ensuing improvements at the Perry ones in which I join because they, too, creased reliance on ambulatory care. For the Point VA Medical Center and I am pleased to have been personal friends and long- VHA to keep pace with this welcome change, rise with my colleagues today in support of standing servants of this House as well requires capital improvement. This bill today H.R. 3376. as their own constituencies. addresses some of those needs. Mr. GILMAN. Mr. Speaker, I rise today in I want to rise now to add to their Specifically the Veterans' Affairs Committee strong support of H.R. 3376 VA Major Con- names one other hero who has been approved a $21.1 million grant for Lyons Medi- struction Authorization and Major Medical mentioned here today, John Heinz, cal Center in Lyons, NJ. The grant provides Leases Act. after whom one of the facilities con- funding for an ambulatory care unit. In recent years the health care industry has tained in this bill will be named. John This is great news for New Jersey vets. The been de-emphasizing hospitals in favor of out- Heinz at the very moment of his death Lyons' ambulatory care unit will take us into patient care facilities. Modern medicine has was literally killed in the line of duty, the next century as a state-of-the-art health successfully demonstrated that many medical was concerning himself on a trip to fur- care facility. It's an improvement that is long services are more efficiently performed on an ther the interests of his investigation overdue. outpatient basis. into Medicare fraud and other health In the past, the veterans' hospital would re- This legislation will help the VA adjust to care abuses, all in the genre of the is- quire overnight stays for minor surgery that these new dynamics as it encourages a trend sues in which he was involved from the would have been outpatient surgery else- toward more ambulatory care construction very first day he began to serve in this where. The ambulatory care unit will allow vet- projects. very House before he went to the U.S. erans to go in and out of the hospital in one With the recent opening of a clinic in Rock- Senate. He was a hero to many Penn- day, eliminating the added burden of overnight land County, my district has firsthand experi- sylvanians, to all Pennsylvanians and stays. ence in observing the benefits of outpatient to all those who remember him who are With the recent merger of Lyons and East care. now Members of this Congress. Orange VA Medical Centers, this is truly a Mr. Speaker, this legislation will benefit vet- Mr. STUMP. Mr. Speaker, I yield my- sign that Lyons is a well-respected and much- erans by providing care in a more efficient self such time as I may consume. needed facility. This grant ensures that Lyons manner which is also flexible enough to meet Mr. Speaker, last week the appro- will continue to offer state-of-the-art health their future needs. priations Subcommittee on VA, HUD care and will keep its important place in the Mr. EVERETT. Mr. Speaker, as a member and Independent Agencies marked up VA health care delivery system of New Jersey. of the House Committee on Veterans' Affairs its bill for the coming fiscal year. Finally Mr. Speaker, I also rise to congratu- and chairman of the Compensation, Pension, There are substantial differences be- late Mr. MONTGOMERY, a true gentleman and Insurance and Memorial Affairs subcommittee, tween the spending priorities they ar- leader when it comes to fighting for veterans. I am happy to rise today in support of H.R. rived at and what is in this bill. Hope- It has always been a pleasure to work for vet- 3376 authorizing major medical facility projects June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5773 and major medical facility leases for the De- every member of the committee, regardless of ther received in combat, his life was made partment of Veterans Affairs for fiscal year party affiliation, has had an opportunity to help shorter than it should be. 1997. shape our legislative product. As a freshman My family and I are not unique. Throughout H.R. 3376 demonstrates strong bipartisan in the minority, I want to say that the House southwestern Pennsylvania, young men and support for carrying out this country's unfailing Veterans' Affairs Committee should serve as a women have served in our Nation's Armed commitment to our veterans. Recognizing the model to other chairmen as how to run a com- Forces at a greater rate than almost any- inevitable shift from expensive inpatient care mittee. where. They and their families have counted to more cost effective primary and outpatient Also, I want to express my most heartfelt on the VA to be there for them, and the VA care, this legislation authorizes spending for appreciation for the opportunity to work along- has almost always been there. As those who the VA's medical facilities construction side the man they call Mr. VeteranÐSONNY served in World War II and Korea grew older, projects. The committee's action continues to MONTGOMERY. I just want to say to SONNY that and their numbers were augmented by those stress the importance of providing services for it has been an honor to serve alongside you, who went to Vietnam, the needs for veterans veterans in an environment that is not only and I consider it an awesome privilege to have services, especially health care, grew consid- more convenient and more cost effective, but been your colleague on the Veterans' Affairs erably in western Pennsylvania. improves the quality of care through increased Committee. It was Senator Heinz, a native of Pittsburgh, access to routine outpatient treatment and In this bill, we are naming the VA medical who recognized that veterans in our area were preventative health services. center in Jackson, MI, after the former chair- being underserved, and that the situation I would especially like to recognize the fore- manÐand I just want to let the chairman know would only get worse without decisive action. sight of the committee for the inclusion of di- that while members might come and go from From his seat on the Senate Appropriations rective report language authorizing the Sec- this Chamber, that a good name lasts forever. Subcommittee on Veterans Affairs, Housing, retary to establish an ambulatory care access I think it is safe to say that the name of SONNY and Independent Agencies, he made the con- point in Dothan, AL. The days of large verti- MONTGOMERY is a good name. struction of the hospital in Aspinwall his No. 1 cally integrated hospitals as the primary mode There are many reasons to support this bill. priority. of health care delivery are gone. Rather, in Of all our commitments to those who served Today, throughout Pennsylvania, Ohio, order to provide more effective and quality in our Nation's armed forces, none is more im- Maryland, and West Virginia, countless veter- health care, the VA must be more flexible in portant than the guarantee of health care. For ans are having their health care needs met bringing VA services to the veteran. those Members who do not think there is a dif- thanks to the efforts of John Heinz. I think it Such projects, like the much-needed com- ference between the medical needs of veter- is only fitting that he receive this posthumous munity-based access point in Dothan, AL, are ans and those of the general public, I invite tribute to his good work. And I am not alone small in scale and do not require committee you to take a tour of a VA hospital with me. in this belief, as H.R. 2760 was cosponsored authorization or further appropriation of funds. I guarantee that you will come away with a by all of my 20 colleagues in the Pennsylvania However, the need for these small scaled much different view of veterans' medical care. delegation, including Congressmen MASCARA and FOX who serve with us on this committee. projects is compelling given the lack of access We must realize that private hospitals would This legislation is supported by the Penn- to veteran's health care in many rural areas never provide the type of patient care that is sylvania chapters of all the congressionally across the country. Currently, the more than provided by VA hospitals as they could never chartered Veterans Service Organizations. I 38,350 veterans reside within a 50-mile radius make it profitable. have letters here from each of them, which I of Dothan are forced to travel 100 miles or The underpinning of the VA health care sys- will include for the RECORD at the appropriate more to the nearest VA medical center. The tem is maintaining the physical facilities need- point. long and sometimes difficult trip back home ed to provide adequate service. Even in this I want to thank the American Legion of after treatment is often impossible and war- difficult budgetary climate, veterans medical Pennsylvania and, in particular, Department rants overnight lodging. facilities construction must remain a high prior- Adjutant Stanley Reinhardt for bringing this The establishment of a community-based ity. Thus, I urge members to support this bill, idea to my attention. access point in Dothan will provide routine, and to support appropriations in this area I also want to express my support for the preventative and emergency outpatient medi- when the VA±HUD bill comes to the floor later authorization for environmental improvements cal services to the veterans in the southeast this Spring. at the University Drive VA Hospital, located in region of Alabama without requiring the con- There are two parts of H.R. 3376 I want to the Oakland section of the city of Pittsburgh. struction of a large and costly inpatient facility. highlight. Mr. Speaker, I could describe in graphic de- The quality of care for veterans in my district First, this bill has incorporated H.R. 2760, tail the conditions that currently exist at these and in the surrounding areas of Alabama, my bill to name the nursing care facility at the wards at University Drive, but I do not believe Georgia, and Florida will improve significantly, VA hospital in Aspinwall, PA, after the late that it is appropriate subject matter for the while the cost for caring for these veterans Senator John Heinz. floor of the House of Representatives. I hope will, most likely, prove more effective. The Heinz family is one of the most notable it will suffice to say that this action is needed Mr. Speaker, in closing, because the other in Pennsylvania, and Senator Heinz' commit- to allow each nursing unit at University Drive body failed to take up the fiscal year 1996 ment to public service was a tremendous ex- to meet current VA standards for life-safety, construction authorization, it is incumbent ample to many of us in western Pennsylvania. patient privacy, and handicapped accessibility. upon the upper Chamber that they consider Unfortunately, he was taken from us too soon Also, there is a need to meet the needs result- this legislation so that our veterans are not de- when his plane crashed outside Philadelphia ing from the increasing number of female vet- prived of the care they deserve. 51¤2 years ago. erans requiring care. I thank my friend, Mr. HUTCHINSON, chair- During his time in Congress, John Heinz The main building of University Drive was man of the Hospitals and Health Care Sub- had many accomplishments, too many to try constructed in 1954, and has gone unchanged committee, and I thank my good friend, Chair- to list. However, as far as the people in and since. With the passage of time, this has pro- man STUMP, for fostering greater opportunities around Pittsburgh are concerned, one of his duced numerous space, functional, and tech- for veterans in many regions of the country greatest contributions to our community was nical deficiencies in meeting the specifications where it is prohibitive for veterans to travel to his leadership in the making the Aspinwall of today's health care standards. the nearest VA facility for care. Veterans Hospital a reality. The importance of University Drive goes I stand in acknowledgment of their leader- Some may think that it is hyperbole to say well beyond the boundaries of the City of ship on behalf of our nation's veterans and, I that the construction of a veterans hospital is Pittsburgh. It is the tertiary care, medical/sur- urge my colleagues to support this important a great event to a region as populous as Pitts- gical referral facility for the 65-county Western legislation. burgh. Those people obviously do not know a Pennsylvania Network, and is the National Mr. DOYLE. Mr. Speaker, I rise in favor of lot about Pittsburgh. DVA Referral Center for Liver Transplantation. H.R. 3376, a bill of great importance to our Ever since I can remember, my life has fo- This project is essential to maintaining this Nation's veterans. cused on veterans' issues, and their role in hospital's capability to meet the needs of the I want to begin by thanking Chairman the Pittsburgh community. As I have often 380,000 veterans in Allegheny County, as well STUMP for the leadership he has shown. In mentioned in this committee, I would not be as those throughout Pennsylvania, Ohio, politics, there is never going to be an unanim- here today if it wasn't for the benefits my fam- Maryland, and West Virginia who rely on the ity, but he has done a great job in addressing ily received from the VA in return for my fa- services provided by University Drive. any issues that have arisen in our committee. ther's service. These benefits were not without As a supporter of the constitutional bal- He has gone out of his way to make sure that a steep price, because of the wounds my fa- anced budget amendment that passed the H5774 CONGRESSIONAL RECORD — HOUSE June 4, 1996 House last year, I understand that we need to efforts to make this option available to our vet- Specifically, the three buildings to be im- be extremely scrupulous in how we spend erans. As stated, our State has the highest proved house important operational and var- money. Even when there is a clear need that number of elderly veterans in the country. But ious support services critical to monitoring the could be funded, we must determine whether spending scarce health care dollars to effec- health and welfare of our veterans. or not something has to be funded. Keeping tively destroy a fully functional, state-of-the-art Without these repairs the buildings, all of that admonition in mind, I hasten to point out hospitalÐespecially when such facilities are which were built in 1943, are in grave danger. that in the DVA internal rating for major con- so needed in east central FloridaÐmakes ab- The facilities are very close to the Newport- struction projects, the University Drive project solutely no sense, especially when a com- Inglewood Fault Zone, which is considered ac- scored 19.8Ðout of a highest possible score pletely separate nursing home facility could be tive and capable of generating an earthquake of 19.8. For your consideration, I have at- built without sacrificing the hospital for almost of magnitude 7.0. tached a copy of this analysis. There is no the same amount of money. The VA has testified that there is no other way in which this project could have been The committee has directed that this report medical facility in Long Beach large enough to rated any higher of a priority. must examine the need to include acute inpa- meet the VA's needs, and it is expected that In conclusion, this bill is in the best interests tient services, such as those provided by the the major functions of this Medical Center will of the people of Pennsylvania and the Nation Orlando facility, as well as psychiatric and remain the same under the proposed Veterans as a whole, and I urge Members to support it. long-term services. It is my hope that the re- Integrated Service Network. Mr. MCCOLLUM. Mr. Speaker, I rise in port required by this legislation will illustrate In short, this is an important facility to the strong support of H.R. 3376, and commend other options to best meet the health care veterans residing in the Long Beach area and Chairmen STUMP and HUTCHINSON for their ef- needs of veterans in east central Florida. it is therefore incumbent upon us to ensure forts to bring this bill to the floor. Last year, this Congress approved funding that it meets the basic safety codes of the This bill represents another step toward ad- to construct another badly needed outpatient area. dressing the disparity that has impacted many clinic in Brevard County. This means that after It is for this reason that these seismic re- of Florida's veterans. Although the overall vet- years of delay, Brevard County veterans will fi- pairs were included in the President's fiscal erans population is declining, Florida's in- nally be able to receive needed ambulatory year 1997 budget request and that the Depart- creases daily as more and more veterans care close to home. I commend this Congress' ment of Veterans' Affairs Undersecretary for move into the Sunshine State. Florida has the action, and specifically praise the efforts of my Health, Mr. Kenneth Kizer, testified in support highest concentration of elderly veterans of colleague, Congressman DAVE WELDON, for fi- of these repairs as recently as March. any State, the second highest number of vet- nally succeeding in bringing additional veter- Without these repairs, we are placing the erans of all ages, and the third highest con- ans health care facilities to east central Flor- lives of our Nation's veterans, as well as the centration of wartime veterans. Last fiscal ida. lives of those who serve them, in grave dan- year, despite the fact that Florida facilities re- Relief is on the way for veterans in Florida, ger. ceived the highest number of applications for and this legislation certainly moves us forward I would submit to my colleagues that our medical care by service-connected veterans in in that struggle. New facilities are being built, veterans deserve better than this, and I am the Nation, we continued to receive fewer older ones are being re-engineered to meet pleased to see that the committee agrees with funds than California, New York, and TexasÐ new needs, and wide gaps in service-areas this assessment. each with less demands on their systems. Despite our leading veterans population, may finally be filled as a result of this commit- I look forward to working with you, Con- Florida has continued to receive far less than tee's past efforts and future plans. I commend gressman MONTGOMERY, and with Chairman its fair share of funding for VA medical serv- the committee and this House for working to STUMP, to see that the wisdom of the commit- ices. As a result, veterans that can receive repay the debt of our Nation owes its veter- tee is followed and that the veterans who use care in other parts of the country that do not ans, and helping to correct some of the imbal- the Long Beach facilities are not placed in have such high veteran-to-facility ratios can ances that have left veterans in Florida in harm's way. find themselves turned away from more need of such greater attention. In closing, I would like to commend the crowded facilities in Florida. These disparities Ms. MILLENDER-MCDONALD. Mr. Speaker, committee for deciding to name the medical must end. I want to thank Mr. MONTGOMERY for the time center in Jackson, MS after our esteemed col- This House has taken steps to address to speak today and for your leadership, as league from Meridian, Mr. MONTGOMERY. Al- shortfalls in veterans medical care, by propos- well as that of Chairman STUMP, in seeing this though I have only had the honor of serving ing a 13 percent increase in funding for VA bill through the legislative process. with him for a little over a month, I appreciate medical care in fiscal year 1996, and moving Mr. Speaker, colleagues, this bill addresses the work that he has done for our veterans forward on our plan to spend $339 million some urgent needs among our Nation's veter- and share the committee's view that it is befit- more on veterans health care over 7 years ans' medical facilities and I rise in strong sup- ting to bestow such an honor in naming a vet- than the President has proposed. This con- port of the legislation and urge its swift ap- eran's medical center in his honor in his home struction bill represents the next step by the proval. State. new Republican Congress to honor our Na- The $434 million authorized by this legisla- So, once again, I rise in support of this im- tion's commitment to its veterans. tion is perhaps some of the most important portant legislation and I urge my colleagues to Most important to veterans in my commu- money that we will be discussing on this floor, do the same. nity, the bill directs the Secretary of Veterans for it will be spent ensuring that the men and Mr. Speaker, I yield back the balance Affairs to study the best means of meeting the women who put their lives on the line for our of my time. health care needs of veterans in east central Nation will be adequately taken care of once Mr. STUMP. Mr. Speaker, I have no Florida. There has been considerable con- they have left service. further requests for time, and I yield troversy about what needs exist, and how to This money renovates, upgrades and, back the balance of my time. best meet them. One option may be to oper- where needed, expands current Department of The SPEAKER pro tempore (Mr. ate the former Orlando Naval Training Center Veterans Affairs medical facilities to ensure UPTON). The question is on the motion Hospital as a veterans medical facility. The that the needs of our former servicemen and offered by the gentleman from Arizona first floor of this five-story facility is already women are met. [Mr. STUMP] that the House suspend serving the 200,000 veterans in its service One project of particular importance to me the rules and pass the bill, H.R. 3376, as area as an outpatient clinic, drawing veterans and my constituents in the 37th Congressional amended. from across east central Florida. The addi- District is the seismic upgrading of the VA The question was taken; and (two- tional floors contain some of the most ad- medical center in Long Beach, CA. thirds having voted in favor thereof) vanced impatient care facilitiesÐincluding in- This bill provides $20.2 million to allow the the rules were suspended and the bill, tensive care units, critical operating rooms, in- Department of Veterans Affairs to bring three as amended, was passed. patient beds, and an efficient food delivery of the buildings at the Long Beach facility up A motion to reconsider was laid on serviceÐin any private, public, or veterans to code in terms of earthquake safety, fire the table. hospital in Florida. Incredibly, Secretary Brown safety, mechanical and electrical safety, and f has proposed to destroy these facilities, and compliance with the Americans with Disabil- MANDATORY FEDERAL PRISON spend money to fill the space with nursing ities Act. DRUG TREATMENT ACT OF 1996 home beds. The buildings receiving these improvements I do not dispute the need for additional long- are all over 50 years old and in serious need Mr. HEINEMAN. Mr. Speaker, I move term care in Florida, and will support various of repair. to suspend the rules and pass the bill June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5775 (H.R. 2650) to amend title 18, United earlier than their clean counterparts Mr. Speaker, I include for the States Code, to eliminate certain sen- simply by completing a drug treatment RECORD his statement in support of the tencing inequities for drug offenders, program. This inequity is not based on bill. as amended. past criminal history. Rather, these Mr. CONYERS. Mr. Speaker, I support this The Clerk read as follows: unequal sentences are the result of one bill which requires prisoners eligible for drug H.R. 2650 inmate’s drug addiction. treatment to successfully complete drug treat- Be it enacted by the Senate and House of Rep- Unfortunately, as now constituted, ment programs and remain drug free after the resentatives of the United States of America in the BOP can reward a drug addict by program's completion to receive good time Congress assembled, taking a year off his sentence after credit. SECTION 1. SHORT TITLE. completion of a drug treatment pro- Current law unfairly favors drug-abusing of- This Act may be cited as the ‘‘Mandatory gram. This is poor policy as well as fendersÐwho may receive up to a year off Federal Prison Drug Treatment Act of 1996’’. simply unfair. their prison terms by undergoing treatmentÐin H.R. 2650 eliminates the ability of SEC. 2. ELIMINATION OF SENTENCING INEQUI- comparison with nondrug abusing offenders TIES FOR DRUG OFFENDERS. BOP to release an addicted inmate a who have no comparable opportunity for early (a) IN GENERAL.—Subparagraph (B) of sec- year early if he completes a drug treat- release. tion 3621(e)(2) of title 18, United States Code, ment program. To provide an incentive This bill provides that good time credit is amended to read as follows: to get addicted prisoners into treat- ‘‘(B) ADMINISTRATION OF TREATMENT PRO- ment, H.R. 2650 requires the Attorney would not vest for an eligible prisoner unless GRAMS.—The Attorney General shall ensure General to ensure that BOP utilizes all the prisoner successfully completes a sub- through the use of all appropriate and avail- stance abuse treatment program and remains able incentives and sanctions that eligible positive incentives and sanctions avail- able to get prisoners into an appro- drug-free thereafter. Good time credit would prisoners undergo a program of substance accumulate, as it would for any prisoner, but abuse treatment.’’. priate drug treatment program. it would not vest and could be revoked at any (b) CONFORMING AMENDMENT.—The heading Thus, the Mandatory Federal Prison for paragraph (2) of section 3621(e) of title 18, Drug Treatment Act preserves drug time prior to release if the prisoner did not re- United States Code, is amended by striking treatment programs in Federal prisons ceive treatment for drug abuse or if the of- ‘‘INCENTIVE FOR PRISONERS’ SUCCESSFUL COM- while providing incentives for addicts fender failed to remain drug-free. PLETION OF TREATMENT PROGRAM’’ and in- to get clean. H.R. 2650 provides BOP The incentives in the current law are mis- serting ‘‘TREATMENT REQUIREMENT’’. with the flexibility it needs to utilize a guided. Current law actually allows prisoners (c) ELIGIBILITY.—Clause (ii) of section with drug problems to reduce their sentences 3621(e)(5)(B) of title 18, United States Code, is variety of incentives and sanctions for amended to read as follows: inmates at different security levels. more than prisoners who have no substance ‘‘(ii) within 24 months of the date of re- During the past few weeks, I have abuse problems. I support this bill because it lease, or is otherwise designated by the Bu- worked closely with the Bureau of rectifies this incentive problem while still en- reau of Prisons for participation in a residen- Prisons and Department of Justice to couraging prisoners with substance abuse tial substance abuse treatment program; ensure that the individuals who imple- problems to receive treatment. and’’. ment this legislation are in favor of it. Mrs. SCHROEDER. Mr. Speaker, I The SPEAKER pro tempore. Pursu- While everyone agrees that Congress yield back the balance of my time. ant to the rule, the gentleman from should eliminate the sentencing in- Mr. HEINEMAN. Mr. Speaker, I yield North Carolina [Mr. HEINEMAN] and the equity which allows BOP to, in effect, such time as he may consume to the gentlewoman from Colorado [Mrs. reward an addicted inmate for being an gentleman from North Carolina [Mr. SCHROEDER] each will control 20 min- addict, BOP was concerned that the COBLE]. utes. original version of H.R. 2650 would un- Mr. COBLE. Mr. Speaker, I thank the The Chair recognizes the gentleman duly tie their hands in the administra- gentleman from North Carolina for from North Carolina [Mr. HEINEMAN]. tion of their drug treatment programs. yielding time to me. GENERAL LEAVE After extensive consultation, I incor- Mr. HEINEMAN has pretty accurately Mr. HEINEMAN. Mr. Speaker, I ask porated DOJ’s suggestions and the leg- portrayed what this bill will do. Under islation now requires the Attorney unanimous consent that all Members current law, as he pointed out, the Bu- General to ensure that BOP use all may have 5 legislative days to revise reau of Prisons may grant a nonviolent available sanctions and incentives to and extend their remarks on H.R. 2650, addicted prisoner as much as a 1-year persuade eligible prisoners to partici- the bill under consideration. early release if that inmate completes pate in a drug treatment program. The The SPEAKER pro tempore. Is there a residential drug treatment program. bill provides BOP the needed flexibility objection to the request of the gen- In other words, I think an argument to utilize a variety of sanctions for in- tleman from North Carolina? could be made that the law discrimi- mates at differing security levels. There was no objection. nates in favor of criminals who enter What are they? Preferred housing, half Mr. HEINEMAN. Mr. Speaker, I yield prison with a drug habit. way house placement, employment in Representative HEINEMAN’s bill cor- myself such time as I may consume. jail. Mr. Speaker, on November 16, 1995, I I am pleased to report that DOJ and rects this problem by eliminating the introduced H.R. 2650, the Mandatory BOP support enactment of H.R. 2650 bureau’s discretionary authority to act Federal Prison Drug Treatment Act, to and would like to submit the DOJ let- in this manner. In addition, H.R. 2650 restore equity in the way the Federal ter of support for H.R. 2650. Mr. Speak- requires the Attorney General to en- Bureau of Prisons [BOP] administers er, this is reasonable, bipartisan legis- sure that the Bureau of Prisons uses its very successful drug treatment pro- lation which fixes a mistake enacted in necessary incentives and sanctions to gram. the 1994 crime bill. This legislation compel inmate participation in drug This legislation is simple, yet intu- strengthens the BOP’s ability to get an treatment programs. itive. Instead of rewarding addicted in- addicted inmate in treatment and at Examples would include reduction in mates at the expense of clean inmates, the same time eliminates the sentenc- good time credits and preferred hous- the Mandatory Federal Prison Drug ing disparity which allowed addicted ing or job assignments. Representative Treatment Act provides a proper incen- inmates to get out a year early. I urge HEINEMAN’s bill enables the Bureau of tive to recovering addicts to get treat- my colleagues to support this simple Prisons to use a variety of these sanc- ment without providing them with ad- and important legislation. tions and incentives at varying and dif- vantage over other inmates who have Mr. Speaker, I reserve the balance of fering security levels. not been addicted to narcotics. my time. Finally, Mr. Speaker, present law re- On June 8, 1995 the Crime Sub- Mrs. SCHROEDER. Mr. Speaker, I stricts drug rehabilitation assistance committee held a hearing concerning yield myself such time as I may to those inmates who request such the Federal Bureau of Prisons. At that consume. help. H.R. 2650 changes this require- hearing, Kathleen Hawk, the Director Mr. Speaker, the gentleman from ment or alters it by confining treat- of the Federal Bureau of Prisons testi- Michigan [Mr. CONYERS], the ranking ment to inmates who are within 24 fied that currently, the BOP can allow member of the Committee on the Judi- months of release, thereby hopefully drug abusers to get out of prison a year ciary, could not be here today. maximizing each program’s effects. H5776 CONGRESSIONAL RECORD — HOUSE June 4, 1996 I applaud Representative HEINEMAN’s ons to reward a convicted felon simply for sentence just because he is a drug addict, work on this issue. His legislation being a drug addict. The current state of our while a similarly convicted inmate who is not serves the interest not only of society, prison policy on this issue is downright appall- an addict must serve a full sentence. it seems to me, but the inmate as well. ing. Many of our constituents probably do not Therefore, I urge the House to support this In many instances, rewarding inmates realize that drug addicts are eligible for early bipartisan legislation. for activity they should have avoided release from prison if they complete drug Mr. HEINEMAN. Mr. Speaker, I yield in the first place appears to perhaps be treatment programs while serving time. In back the balance of my time. a misplaced priority. other words, if a drug addict abides by the law The SPEAKER pro tempore. The I think Representative HEINEMAN’s while serving his sentence by forgoing illegal question is on the motion offered by bill is pursuing the proper course, and drug use, he will receive preferential treatment the gentleman from North Carolina I thank the gentleman from North over other prisoners who are drug-free and [Mr. HEINEMAN] that the House suspend Carolina for having yielded the time to serving the same sentence. the rules and pass the bill, H.R. 2650, as me. What signal are we sending to our young amended. Mr. HEINEMAN. Mr. Speaker, I yield people by giving such preferential treatment to The question was taken; and (two- myself such time as I may consume. drug abusers? Our society has not done a thirds having voted in favor thereof) Mr. Speaker, H.R. 2650, the Manda- very good job instilling basic moral values in the rules were suspended and the bill, tory Federal Prison Drug Treatment our future generations, in large measure be- as amended, was passed. Act, restores equity in the way the cause we have ignored the real-life con- A motion to reconsider was laid on Federal Bureau of Prisons administers sequences of our activity here in Washington. the table. its very successful drug treatment pro- Despite the tremendous amount of money that f gram. H.R. 2650 is an example of bipar- has been spent on drug prevention programs, tisan legislation at its best. I have b 1445 substance abuse is on the rise. And what kind worked closely with the Department of of role models do drug-addicted athletes ANTICOUNTERFEITING CONSUMER Justice, and the Democrats on the Ju- make? It is time for Congress to take a stand, PROTECTION ACT OF 1996 diciary Committee, including the rank- and use its bully pulpit to discourage drug use. ing minority member of the Crime Mr. MOORHEAD. Mr. Speaker, I While this legislation is narrowly drawn to ad- Subcommittee, CHARLES SCHUMER, who move to suspend the rules and pass the dress one aspect of our drug control strategy, enthusiastically supports this legisla- bill (H.R. 2511) to control and prevent it is a good first step. tion. commercial counterfeiting, and for As a 38-year law enforcement vet- Supporters of the current system argue that other purposes, as amended. eran, I know the importance of tough the early release mechanism is used as an in- The Clerk read as follows: centive for addicts to seek help. But there are and effective drug treatment for non- H.R. 2511 other ``carrots'' and ``sticks'' that may be used violent offenders and the dangerous Be it enacted by the Senate and House of Rep- precedent set by rewarding drug ad- to achieve this same goal. For example, in- resentatives of the United States of America in dicts for simply being drug addicts. mates might be granted preferred housing or Congress assembled, H.R. 2650 does away with a loophole job assignments. The bill requires the Bureau SECTION 1. SHORT TITLE. in the 1994 crime bill which allowed the of Prisons to use all such incentives and sanc- This Act may be cited as the Bureau of Prisons to release drug ad- tions to get prisoners into drug treatment pro- ‘‘Anticounterfeiting Consumer Protection dicts a year earlier than their clean grams. Act of 1996’’. counterparts. The Mandatory Federal This legislation recognizes that incentives SEC. 2. FINDINGS. Prison Drug Treatment Act also can be powerful tools, but does not sacrifice The counterfeiting of trademarked and strengthens the ability of the Bureau the integrity of the prison sentence in the proc- copyrighted merchandise— of Prisons to get addicted prisoners ess. I commend the gentleman from North (1) has been connected with organized into treatment. Carolina for introducing this bill and I am crime; (2) deprives legitimate trademark and Thus, the Mandatory Federal Prison proud to support it. Mr. DAVIS. Mr. Speaker, I rise today in copyright owners of substantial revenues and Drug Treatment Act preserves drug consumer goodwill; treatment programs in Federal prisons strong support of H.R. 2650, the Mandatory (3) poses health and safety threats to Unit- while providing a better policy for ad- Federal Prison Drug Treatment Act which was ed States consumers; dicts to get clean. H.R. 2650 provides introduced by the gentleman from North Caro- (4) eliminates United States jobs; and the Bureau of Prisons with the flexibil- lina, Congressman FRED HEINEMAN. (5) is a multibillion-dollar drain on the ity it needs to utilize a variety of sanc- H.R. 2650 is a commonsense bill that would United States economy. tions for inmates at different security eliminate the sentencing inequity which cur- SEC. 3. COUNTERFEITING AS RACKETEERING. levels. rently allows the Federal Bureau of Prisons to Section 1961(1)(B) of title 18, United States H.R. 2650 strengthens the Bureau of in practice reward a drug addicted inmate for Code, is amended by inserting ‘‘, section 2318 Prison’s ability to employ a variety of being a drug addict. (relating to trafficking in counterfeit labels incentives and sanctions to motivate Under the 1994 crime bill, a disparity in sen- for phonorecords, computer programs or tencing was created that favors prisoners who computer program documentation or pack- inmates to participate in drug treat- aging and copies of motion pictures or other ment programs and thus will maximize attend drug treatment by giving them a 1-year audiovisual works), section 2319 (relating to the effect of the program and the num- credit toward the term of their sentence. Thus, criminal infringement of a copyright), sec- ber of inmates receiving treatment. those individuals who enter prison with a drug tion 2319A (relating to unauthorized fixation H.R. 2650 is emblematic of how tough problem can currently be released earlier than of and trafficking in sound recordings and law enforcement can be combined with a similarly sentenced individual who has no music videos of live music performances), effective treatment programs for non- drug addition. Mr. Speaker, I believe that this section 2320 (relating to trafficking in goods violent offenders to provide maximum provision of the 1994 crime bill is just another or services bearing counterfeit marks)’’ after example of a well intentioned Federal law that ‘‘sections 2314 and 2315 (relating to interstate results. transportation of stolen property)’’. Mr. Speaker, I would again like to has unintended practical consequences. SEC. 4. APPLICATION TO COMPUTER PROGRAMS, Congressman HEINEMAN's legislation does thank my colleagues from both sides of COMPUTER PROGRAM DOCUMENTA- the aisle for their support of this sen- not modify the Bureau of Prisons successful TION, OR PACKAGING. sible legislation. I also want to thank drug treatment program currently in place. The (a) IN GENERAL.—Section 2318 of title 18, our leadership and the staff of the Ju- bill would retain all incentives for completing United States Code, is amended— diciary Committee for expediting con- drug treatment besides the credit toward early (1) in subsection (a), by striking ‘‘a motion sideration of this important and bipar- release. These incentives include giving in- picture or other audiovisual work,’’ and in- tisan measure. mates preferred jobs and housing assign- serting ‘‘a computer program or documenta- Mr. HOKE. Mr. Speaker, as an original co- ments. tion or packaging for a computer program, or a copy of a motion picture or other audio- sponsor of H.R. 2650 and as a member of the Instead, H.R. 2650 requires the Bureau of visual work, and whoever, in any of the cir- committee that heard testimony on it, I rise in Prisons to provide proper incentives for ad- cumstances described in subsection (c) of strong support of the legislation. dicted inmates to get treatment. Mr. Speaker, this section, knowingly traffics in counter- This bill eliminates the sentencing inequity there is no reason why an inmate convicted feit documentation or packaging for a com- which now allows the Federal Bureau of Pris- for a crime should get 1 year taken off his puter program,’’; June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5777 (2) in subsection (b)(3) by inserting ‘‘ ‘com- Service, Federal Bureau of Investigation, or ‘‘(D) The name of the vessel, aircraft, or puter program’,’’ after ‘‘ motion picture’,’’; Post Office) or may be made by a State or carrier.’’; and local law enforcement officer, who, upon (3) by amending subparagraph (E) to read (3) in subsection (c)— making service, shall carry out the seizure as follows: (A) by striking ‘‘or’’ at the end of para- under the order.’’. ‘‘(E) The seaport or airport of loading.’’; graph (2); SEC. 7. RECOVERY FOR VIOLATION OF RIGHTS. (4) by amending subparagraph (F) to read (B) in paragraph (3)— Section 35 of the Act of July 5, 1946 (60 as follows: ‘‘(F) The seaport or airport of discharge.’’; (i) by inserting ‘‘a copy of a copyrighted Stat. 427, chapter 540; 15 U.S.C. 1117), is and computer program or copyrighted docu- amended by adding at the end the following mentation or packaging for a computer pro- (5) by adding after subparagraph (G) the new subsection: following new subparagraph: gram,’’ after ‘‘enclose,’’; and ‘‘(c) In a case involving the use of a coun- (ii) by striking the period at the end and ‘‘(H) The trademarks appearing on the terfeit mark (as defined in section 34(d) (15 goods or packages.’’. inserting ‘‘; or’’; and U.S.C. 1116(d)) in connection with the sale, (C) by adding after paragraph (3) the fol- SEC. 12. CUSTOMS ENTRY DOCUMENTATION. offering for sale, or distribution of goods or Section 484(d) of the Tariff Act of 1930 (19 lowing: services, the plaintiff may elect, at any time ‘‘(4) the counterfeited documentation or U.S.C. 1484(d)) is amended— before final judgment is rendered by the trial packaging for a computer program is copy- (1) by striking ‘‘Entries’’ and inserting ‘‘(1) court, to recover, instead of actual damages righted.’’. Entries’’; and and profits under subsection (a), an award of (b) CONFORMING AMENDMENTS.—(1) The sec- (2) by adding at the end the following new statutory damages for any such use in con- tion caption for section 2318 of title 18, Unit- paragraph: nection with the sale, offering for sale, or ed States Code, is amended to read as fol- ‘‘(2) The Secretary, in prescribing regula- distribution of goods or services in the lows: tions governing the content of entry docu- amount of— mentation, shall require that entry docu- § 2318. Trafficking in counterfeit labels for ‘‘(1) not less than $500 or more than $100,000 mentation contain such information as may phonorecords, copies of computer pro- per counterfeit mark per type of goods or be necessary to determine whether the im- grams or computer program documenta- services sold, offered for sale, or distributed, ported merchandise bears an infringing tion or packaging, and copies of motion as the court considers just; or trademark in violation of section 42 of the pictures or other audio visual works, and ‘‘(2) if the court finds that the use of the Act of July 5, 1946 (commonly referred to as trafficking in counterfeit computer pro- counterfeit mark was willful, not more than the ‘Trademark Act of 1946’; 15 U.S.C. 1124), gram documentation or packaging’’. $1,000,000 per counterfeit mark per type of or any other applicable law, including a (2) The item relating to section 2318 in the goods or services sold, offered for sale, or dis- trademark appearing on the goods or pack- table of sections for chapter 113 of such title tributed, as the court considers just.’’. aging.’’. is amended to read as follows: SEC. 8. DISPOSITION OF EXCLUDED ARTICLES. SEC. 13. UNLAWFUL USE OF VESSELS, VEHICLES, ‘‘2318. Trafficking in counterfeit labels for Section 603(c) of title 17, United States AND AIRCRAFT IN AID OF COMMER- phonorecords, copies of com- Code, is amended in the second sentence by CIAL COUNTERFEITING. puter programs or computer striking ‘‘as the case may be;’’ and all that Section 80302(a) of title 49, United States program documentation or follows through the end and inserting ‘‘as Code, is amended— packaging, and copies of mo- the case may be.’’. (1) by striking ‘‘or’’ at the end of paragraph tion pictures or other audio vis- SEC. 9. DISPOSITION OF MERCHANDISE BEARING (4); ual works, and trafficking in AMERICAN TRADEMARK (2) by striking the period at the end of counterfeit computer program Section 526(e) of the Tariff Act of 1930 (19 paragraph (5) and inserting ‘‘; or’’; and documentation or packaging.’’. U.S.C. 1526(e)) is amended— (3) by adding at the end the following new (1) in the second sentence, by inserting paragraph: SEC. 5. TRAFFICKING IN COUNTERFEIT GOODS ‘‘(6)(A) a counterfeit label for a phono- AND SERVICES. ‘‘destroy the merchandise. Alternatively, if record, copy of a computer program or com- Section 2320 of title 18, United States Code, the merchandise is not unsafe or a hazard to puter program documentation or packaging, is amended by adding at the end the follow- health, and the Secretary has the consent of or copy of a motion picture or other audio- ing: the trademark owner, the Secretary may’’ visual work (as defined in section 2318 of ‘‘(e) Beginning with the first year after the after ‘‘shall, after forfeiture,’’; title 18); date of enactment of this subsection, the At- (2) by inserting ‘‘or’’ at the end of para- ‘‘(B) a phonorecord or copy in violation of torney General shall include in the report of graph (2); section 2319 of title 18; the Attorney General to Congress on the (3) by striking ‘‘, or’’ at the end of para- ‘‘(C) a fixation of a sound recording or business of the Department of Justice pre- graph (3) and inserting a period; and music video of a live musical performance in (4) by striking paragraph (4). pared pursuant to section 522 of title 28, an violation of section 2319A of title 18; or accounting, on a district by district basis, of SEC. 10. CIVIL PENALTIES ‘‘(D) any good bearing a counterfeit mark the following with respect to all actions Section 526 of the Tariff Act of 1930 (19 (as defined in section 2320 of title 18).’’. taken by the Department of Justice that in- U.S.C. 1526) is amended by adding at the end SEC. 14. REGULATIONS. volve trafficking in counterfeit labels for the following new subsection: Not later than 6 months after the date of phonorecords, copies of computer programs ‘‘(f) CIVIL PENALTIES.—(1) Any person who the enactment of this Act, the Secretary of or computer program documentation or directs, assists financially or otherwise, or the Treasury shall prescribe such regulations packaging, copies of motion pictures or aids and abets the importation of merchan- or amendments to existing regulations that other audiovisual works (as defined in sec- dise for sale or public distribution that is may be necessary to carry out the amend- tion 2318 of title 18), criminal infringement seized under subsection (e) shall be subject ments made by sections 9, 10, 11, 12, and 13 of of copyrights (as defined in section 2319 of to a civil fine. this Act. title 18), unauthorized fixation of and traf- ‘‘(2) For the first such seizure, the fine ficking in sound recordings and music videos shall be not more than the value that the The SPEAKER pro tempore (Mr. of live musical performances (as defined in merchandise would have had if it were genu- UPTON). Pursuant to the rule, the gen- section 2319A of title 18), or trafficking in ine, according to the manufacturer’s sug- tleman from California [Mr. MOOR- goods or services bearing counterfeit marks gested retail price, determined under regula- HEAD] and the gentlewoman from Colo- (as defined in section 2320 of title 18): tions promulgated by the Secretary. rado [Mrs. SCHROEDER] will each be rec- ‘‘(1) The number of open investigations. ‘‘(3) For the second seizure and thereafter, ognized for 20 minutes. ‘‘(2) The number of cases referred by the the fine shall be not more than twice the The Chair recognizes the gentleman United States Customs Service. value that the merchandise would have had from California [Mr. MOORHEAD]. ‘‘(3) The number of cases referred by other if it were genuine, as determined under regu- agencies or sources. lations promulgated by the Secretary. GENERAL LEAVE ‘‘(4) The number and outcome, including ‘‘(4) The imposition of a fine under this Mr. MOORHEAD. Mr. Speaker, I ask settlements, sentences, recoveries, and pen- subsection shall be within the discretion of unanimous consent that all Members alties, of all prosecutions brought under sec- the Customs Service, and shall be in addition may have 5 legislative days to revise tions 2318, 2319, 2319A, and 2320 of title 18.’’. to any other civil or criminal penalty or and extend their remarks on H.R. 2511. SEC. 6. SEIZURE OF COUNTERFEIT GOODS other remedy authorized by law.’’. The SPEAKER pro tempore. Is there Section 34(d)(9) of the Act of July 5, 1946 (60 SEC. 11. PUBLIC DISCLOSURE OF AIRCRAFT objection to the request of the gen- Stat. 427, chapter 540; 15 U.S.C. 1116(d)(9)), is MANIFESTS. tleman from California? amended by striking the first sentence and Section 431(c)(1) of the Tariff Act of 1930 (19 There was no objection. inserting the following: ‘‘The court shall U.S.C. 1431(c)(1) is amended— order that service of a copy of the order (1) in the matter preceding subparagraph Mr. MOORHEAD. Mr. Speaker, I under this subsection shall be made by a (A), by inserting ‘‘vessel or aircraft’’ before yield myself 3 minutes. Federal law enforcement officer (such as a ‘‘manifest’’; (Mr. MOORHEAD asked and was United States marshal or an officer or agent (2) by amending subparagraph (D) to read given permission to revise and extend of the United States Customs Service, Secret as follows: his remarks.) H5778 CONGRESSIONAL RECORD — HOUSE June 4, 1996 Mr. MOORHEAD. Mr. Speaker, I allows for the meaningful prosecution Mr. Speaker, I thank everybody on would like to commend my friend and of all levels of a criminal organization the committee for doing this, and I colleague from Virginia, Mr. involved in counterfeiting. think it has been in the long tradition GOODLATTE, for his leadership in draft- Finally, this bill ensures that seized of this committee to move these in a ing and introducing this bill, which is counterfeit goods are destroyed rather very bipartisan, nonconfrontational cosponsored by Chairman HYDE, Rank- than returned to the importer for re- fashion because we understand how ter- ing Minority Member CONYERS, Rep- shipment to another port of entry. ribly important it is for the United resentative COBLE, a valued senior I am unaware of any opposition to States to stand firm on the globe in member on the subcommittee, myself, H.R. 2511, and I urge its adoption. protecting these trademarks and to be and several other Members. I also want Mr. Speaker, I reserve the balance of moving forward and protecting copy- to thank the gentlewoman from Colo- my time. rights. This country produces a very Mrs. SCHROEDER. Mr. Speaker, I rado, PAT SCHROEDER, for her support high percentage of it, it is a high per- yield myself such time as I may in processing this legislation. centage of our trade internationally, consume. Two amendments to H.R. 2511 were and I again thank the subcommittee (Mrs. SCHROEDER asked and was adopted by the Subcommittee on given permission to revise and extend chairman for his strong leadership on Courts and Intellectual Property, and her remarks.) all of this. the bill was unanimously approved by Mrs. SCHROEDER. Mr. Speaker, I Mr. Speaker, I reserve the balance of both the subcommittee and the full Ju- join the subcommittee chairman in my time. diciary Committee. A companion bill supporting H.R. 2511. This bill Mr. MOORHEAD. Mr. Speaker, I in the other body, S. 1136, passed by strengthens criminal and civil laws and yield 2 minutes to the gentleman from voice vote on December 13, 1995. remedies relating to copyright and Illinois [Mr. HYDE], chairman of the Current law recognizes that a prob- trademark counterfeiting. full Committee on the Judiciary of the lem of criminal trademark and copy- Our subcommittee has worked hard House. right counterfeiting exists, but it does to ensure that intellectual property is (Mr. HYDE asked and was given per- not do enough to deter and prosecute accorded a high level of protection. As mission to revise and extend his re- counterfeiters. Criminal counterfeiting we seek to persuade other countries marks.) has risen to a new level. In 1982, the around the world to provide strong pro- Mr. HYDE. Mr. Speaker, I surely am cost of piracy to U.S. industries was tection for copyrights, trademarks, and not going to take all that time. I have approximately $5.5 billion. Today, patents, it is critical that we dem- nothing new to add that has not al- American businesses lost 35 times that onstrate through our own legal system ready been said. This is a fine piece of amount, more than $200 billion per the high value that we place on intel- legislation. It will cure or move toward year. lectual property. cure of a very serious problem, that of The combination of high profits and Because there is an enormous poten- counterfeiting, and so I will ask that low risk of prosecution has made trade- tial for profit in illegal counterfeiting, my remarks, which are truncated and mark and copyright counterfeiting a the civil and criminal remedies must comprehensive, be included in the favorite activity of organized crime be strong if we are to deter counterfeit- RECORD. syndicates. Law enforcement agents ing. As the committee report notes, be- But, I do want to congratulate the from the U.S. Customs Service testi- tween 5 and 8 percent of all goods and chairman of the subcommittee, the fied that combating criminal activity services sold worldwide are counterfeit. gentleman from California, CARLOS connected to counterfeiting is starting In some industries, the problem is MOORHEAD, and the ranking member, to look like attacking the drug traf- enormous; the computer software in- the gentlewoman from Colorado, Mrs. ficking problem. Last year, those same dustry, for example, estimates that for PATRICIA SCHROEDER, on her excellent customs agents coordinated raids in every five software programs that are counsel, the gentleman from Virginia, New York and Los Angeles that netted legally sold, two illegally pirated cop- Mr. GOODLATTE, who initiated this leg- $27 million in counterfeit merchandise ies are also sold. islation. And I think the staff, cer- and supported indictments of 43 mem- As the gentleman from California has tainly our staff, Tom Mooney, John bers of a Korean crime syndicate. pointed out, the problem goes beyond Dudas, Mitch Glazier, Joe Wolfe, and The price of counterfeiting goes well the monetary loss and damage to rep- Betty Wheeler, all deserve special beyond lost revenues and damaged utation suffered by the copyright or thanks as well. business reputations: it can cost lives. trademark owner. Counterfeit goods Mr. Speaker, I strongly support H.R. 2511, Fatal automobile, airplane, and heli- also can pose a serious threat to con- the Anticounterfeiting Consumer Protection Act copter crashes have been associated sumers. Many of my colleagues may re- of 1996. Soon we will consider the renewal of with faulty counterfeit machine parts. call, for example, the substandard in- most-favored-nation status for China. This Name brand prescription and over-the- fant formula, falsely labeled with a timely legislation highlights one of the growing counter drugs have also been counter- well-known brand, that was distributed problems we have with that country: counter- feited. Millions of bogus pills contain- last year in the United States. In an- feit goods. The Chinese continue to counterfeit ing inferior, or even harmful, ingredi- other case, more than a million bogus the goods of legitimate American companies ents have been distributed to birth control pills were distributed at an alarming rate. unsuspecting consumers purchasing falsely bearing the mark of a pharma- Just 2 weeks ago, the administration issued medicine. ceutical company; the company did not a finding that China was not satisfactorily im- Searle discovered the distribution of discover the counterfeits until women plementing the Agreement on Enforcement of more than 1 million bogus birth con- complained of pain and unusual bleed- Intellectual Property Rights and Market Ac- trol pills after several women com- ing. cess, signed in March 1995. In making its find- plained of unusual bleeding. Tylenol, By making trafficking in counterfeit ing, the administration said the following: Advil, Tagament, Ceclor, and Zantac goods or services a predicate offense Critical deficiencies are present in China’s are all other famous name brand phar- subject to RICO, by strengthening pro- implementation of measures to address pi- maceuticals that are reported to have visions relating to the seizure and de- racy at the production and wholesale dis- been counterfeited. One witness testi- struction of counterfeited goods, and tribution level. Piracy remains particularly fied that toy makers are concerned by providing for judicially determined rampant in Guangdong province. Manufac- that cheap knock-offs present choking statutory damages for trademark own- turers and distributors, primarily located in hazards and may contain toxic paints ers, this bill will make it easier to southern China, continue to produce pirated or dyes. combat commercial counterfeiting. CD’s, LD’s, and CD–ROM’s in massive quan- H.R. 2511 proposes key amendments The administration supports this tities. Due to lax enforcement at the point of to both criminal and civil laws in re- bill, and I urge my colleagues to sup- production and at the border, exports of pi- rated computer software, movies, sound re- sponse to the growing threat of crimi- port this bill strengthening the ability cordings, and other products have grown sub- nal counterfeiting. It improves the of trademark and copyright owners to stantially over the past year. Products pirat- ability of law enforcement officers to protect their property rights, and that ed in China have flooded Southeast Asia, detect and arrest counterfeiters. It also is what this bill does. Russia, and the other Commonwealth of June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5779 Independent States [CIS] countries. Latin never engage in that simple-minded practice counterfeit-labeled Similac with iron America and European markets have also again. Rather, under H.R. 2511, counterfeit ‘‘Ready to Feed’’ liquid formula in 8- been targeted, and the U.S. Customs Service goods seized at the border will either be de- ounce plastic cans with a fictitious has seized pirated CD’s and CD–ROM’s enter- code number and expiration date. The ing the United States from China. stroyed or, if the legitimate trademark owner consents, given to charity. fake infant formula, found in 16 States, According to recent newspaper articles, the For all these reasons, Mr. Speaker, I com- reportedly caused illnesses ranging Chinese may have as many as 31 govern- mend the distinguished chairman of the Sub- from rashes to seizures in many babies ment-licensed plants turning out pirated CD's committee on Courts and Intellectual Property, who consumed the substandard prod- and CD±ROM's. To make matters worse, Mr. MOORHEAD, and the ranking member, Mrs. uct. many believe that some or all of these plants SCHROEDER, for their important work in bring- A counterfeit brake pad caused an are run by the Chinese military or government ing this bipartisan legislation to the floor. I automobile crash that killed a mother officials. According to these articles, the Inter- urge all of my colleagues to vote in favor of and her child. In 1990 more than 30 national Intellectual Property Alliance, which H.R. 2511. raids were conducted in 15 States as a represents the record and motion picture in- Mr. MOORHEAD. Mr. Speaker, I result of a crackdown on auto parts dustry, estimates that in 1995, the United yield 8 minutes to the gentleman from counterfeiting. States lost $6.9 billion in exports because of Virginia [Mr. GOODLATTE], the sponsor Rampant piracy of the intellectual counterfeit movies, records, books, and soft- of this legislation. property of American businesses has ware. About $2.3 billion were lost to the Chi- Mr. GOODLATTE. Mr. Speaker, as strained United States-China relations, nese. The Pharmaceutical Manufacturers' As- the lead sponsor of H.R. 2511 I am proud bringing us to the brink of a trade war sociation estimates that its losses from pirated that this House is taking a decisive and requiring a reconsideration of drug patents exceed $3 billion. Millions more step to make it tougher for product whether China should receive most-fa- are lost to counterfeit auto parts, athletic counterfeiters to prey on American vored-nation trade benefits. shoes, and apparel. business and American consumers and The question Congress must ask is Unfortunately, the probe is not limited to the cost American workers their jobs. whether China will agree to abide by Chinese. Organized crime operations sell Counterfeit products cost U.S. busi- the basic rules that govern inter- counterfeit goods as a way to launder the nesses an estimated $200 billion annu- national trade, or will Chinese officials money from their other criminal activities. By ally. An estimated 5 percent of prod- continue to condone piracy? Remember doing so, the Chinese, the Mob, and countless ucts sold worldwide are phony. Fortune that China is our fifth largest trading other criminals steal billions of dollars' worth of Magazine has called it the crime of the partner and very well may be on its intellectual property that American companies 21st century. That is because counter- way to becoming the world’s largest and individuals have developed at great ex- feiting is a highly lucrative, but rel- economy. If China refuses to play by pense. atively low-risk crime with only hand- the rules and continues at best, to ig- For far too long, we have tended to look slap penalties if caught. nore piracy, or at worst, to encourage upon the counterfeiting of goods as a rather New technology has made it much it, the losses for American companies trivial crime. That must stop. The sale of coun- easier for counterfeiters to pursue will be staggering. terfeit goods has numerous serious con- their trade. Computers and digital For example, Chinese officials, after sequences. technology have made it a cinch to much prodding by Microsoft Corp. First, we must consider who is selling these copy audiotapes, video, and software, agreed to investigate the Jin Die goods: the Chinese communist government, and unlike analog copies, the thou- Science and Technology Development the Mob, and common criminals. These are sandth digital copy is just as clean and Co. in southern China. When they raid- not people that Americans want to finance. clear as the first. Scanners and laser ed the company, Chinese officials found Second, counterfeit goods amount to noth- printers have made it easy to replicate 5,700 computer disks containing thou- ing more than the theft of intellectual property. labels, logos, and even the holograms sands of dollars each in Microsoft soft- If we do not vigorously protect intellectual that software producers afix to their ware, illegally mass-produced on so- property, we destroy the incentive to create. products to prove authenticity. phisticated machinery. According to Third, counterfeit goods are frequently dan- For years we have overlooked coun- the Washington Post, during this raid gerous, and they can cause serious injury. terfeiters, assuming that product coun- the Chinese confiscated the counterfeit The current issue of Business Week reports terfeiting meant $2 fake watches and software disks, but U.S. executives who that substandard airplane parts contributed to was a victimless crime. But the evi- were at the raid claim they also saw at least 166 airplane crashes from 1973 to dence is mounting that counterfeiting Jin Die’s machines producing video 1993. Last September, the New York Times is a very dangerous crime that can discs containing movies such as reported that the FDA has uncovered at least threaten the health and safety of us ‘‘Waterworld’’ and ‘‘Ace Ventura II.’’ 10 operations in 8 States producing sub- all. The Chinese authorities did nothing to standard infant formula that has caused sick- Last year the Federal Aviation Ad- stop the pirating of these American ness in babies using it. ministration grounded 6,000 piston- movies. Finally, by injuring legitimate American com- powered aircraft to check for phoney H.R. 2511 will make it easier to en- panies, counterfeit goods destroy American crankshaft bolts that could cause sure that the constant flow of counter- jobs. If we want to protect our American jobs, crashes. The cover story in this week’s feits, arriving in the United States we must stop the importation of the phony Business Week is on bogus airplane from countries like China can be con- compact discs and computer programs that parts and cites the explosion last June fiscated and taken out of the stream of the Chinese would foist upon us. of the No. 2 engine on a ValuJet plane commerce. It also ensures that the Because of all these serious consequences, as an example. Business Week reports American businesses who suffer com- I strongly support H.R. 2511. It will give new that the explosion was caused by an en- mercial damage from counterfeit prod- tools to the legitimate American companies gine that had been overhauled and ucts may be awarded either actual or who want to fight off the counterfeiters. It will later sold to ValuJet by a repair sta- statutory damages. place counterfeiting activities within the RICO tion in Turkey that lacked FAA ap- Because of the lure of enormous prof- statute, exactly the place where such orga- proval. It further reports that inves- its compared to the relatively low risk nized criminal activity belongs. With all of the tigators found that the engine con- of being arrested, prosecuted, and sent RICO remedies in hand, law enforcement offi- tained a cracked and corroded com- to jail, it has not taken long for orga- cials and the private companies will be able to pressor disk which had been plated nized crime to get involved in counter- hit the counterfeiters in their pocketbooks. over during the overhaul and was thus feiting operations. These operations H.R. 2511 will also give the Government undetectable. have become highly sophisticated, new tools when it seizes counterfeit goods at Counterfeit airplane parts actually well-financed, mobile, and inter- the border. Amazingly, up until now, our law caused a deadly crash of a Norwegian national in scope. allowed counterfeiters who got caught at the plane that killed 55 people. In March 1995, more than 10.5 million border to re-export the goods to another coun- In April 1995, the Food and Drug Ad- dollars’ worth of counterfeit software try. Obviously then, there was little cost to get- ministration released a ‘‘Consumer was found during a raid in California ting caught. H.R. 2511 insures that we will Alert’’ warning parents against using that also turned up semiautomatic H5780 CONGRESSIONAL RECORD — HOUSE June 4, 1996 weapons, handguns, and military explo- ed to make sure everyone was included the rules were suspended and the bill, sives. Newspaper stories report that in the chairman’s very generous thank as amended, was passed. those who were arrested are under in- yous. A motion to reconsider was laid on vestigation for their link to organized Mr. Speaker, I yield back the balance the table. crime, a link that may reach from of my time. GENERAL LEAVE China, Hong Kong, and Taiwan to Mr. MOORHEAD. Mr. Speaker, I Mr. MOORHEAD. Mr. Speaker, I ask southern California’s immigrant neigh- yield 2 minutes to the gentleman from unanimous consent that all Members borhoods. Virginia [Mr. DAVIS]. may have 5 legislative days within These criminal networks have dis- Mr. DAVIS. Mr. Speaker, first of all, which to revise and extend their re- tribution systems as diverse as any I want to compliment the author of marks on H.R. 2511, the bill just passed. modern corporation. Counterfeiters this legislation, the gentleman from The SPEAKER pro tempore. Is there know that although criminal penalties Virginia [Mr. GOODLATTE], the chair- objection to the request of the gen- exist on the books, criminal actions man, the gentleman from California tleman from California? are rarely initiated against counter- [Mr. MOORHEAD], and the ranking mem- There was no objection. feiters. As for private enforcement ac- ber, the gentlewoman from Colorado Mr. MOORHEAD. Mr. Speaker, I ask tions, trademark and copyright owners [Mrs. SCHROEDER], for their leadership unanimous consent to take from the are consistently frustrated by an in- on this issue. Speaker’s table the Senate bill, S. 1136, ability to recover any meaningful dam- Trademark counterfeiting costs this to control and prevent commercial ages. Nation over $200 million annually. counterfeiting, and for other purposes, This legislation takes strong steps to That is more than the annual budget and ask for its immediate consider- attack this problem. deficit in this country. Counterfeiting ation in the House. The Anticounterfeiting Consumer has grown from about $5.5 million in The Clerk read the title of the Senate Protection Act will help law enforce- costs in 1982 to that $200 billion figure bill. ment officials contend with the sophis- today. I once again applaud the au- The SPEAKER pro tempore. Is there ticated nature of modern counterfeit- thors of this amendment and the bipar- objection to the request of the gen- ing. First, it increases criminal pen- tisan way in which we have moved for- tleman from California? alties by making trafficking in coun- ward passage today. Mrs. SCHROEDER. Mr. Speaker, re- terfeit goods or services a RICO of- The industry estimates that sales of serving the right to object, I would ask fense, consequently providing for in- counterfeit software exceed 40 percent the gentleman from California [Mr. of total industry revenues. Almost two creased jail time, criminal fines, and MOORHEAD], if he could explain the pur- asset forfeiture. of five cartridges that include a piece pose of his unanimous-consent request. Second, the legislation allows great- of software that are sold are counter- Mr. MOORHEAD. Mr. Speaker, the er involvement by all levels of Federal feit. Counterfeit software also costs purpose of this request is to send the law enforcement in fighting counter- companies more than revenues and it bill back to the Senate with an amend- feiting, including enhanced authority costs this Nation more than just jobs. ment consisting of the text of the to seize counterfeit goods and the tools It costs companies their reputation, be- House-passed bill, and to ask for a con- of the counterfeiters’ trade. cause often substandard products with ference. Third, it makes it more difficult for inferior quality enter the marketplace Mrs. SCHROEDER. Mr. Speaker, these goods to re-enter the stream of mislabeled with the originating com- based on that, I withdraw my reserva- commerce once they have been seized. pany. What consumers do is they can- tion of objection. Fourth, our bill also adds teeth to ex- not take a chance on this, so they will The SPEAKER pro tempore. Is there isting statutes and provides stronger buy other products that they figure are objection to the request of the gen- civil remedies, including civil fines not mislabeled. The better companies tleman from California? pegged to the value of genuine goods end up, as a result of that, losing sales, There was no objection. and statutory damage awards of up to losing jobs, losing revenues. The Clerk read the Senate bill, as fol- Mr. Speaker, this legislation I think $1,000,000 per mark. lows: The Anticounterfeiting Consumer is going to make a significant con- S. 1136 Protection Act will provide law en- tribution toward curbing these abuses. forcement officials with the tools they It is going to make this a RICO offense. Be it enacted by the Senate and House of Rep- It is going to increase fines and jail resentatives of the United States of America in need to fight back, and to protect Congress assembled, American business and the health and time for offenders. It is going to speed the seizure of goods, in many cases. It SECTION 1. SHORT TITLE. safety of American consumers. The This Act may be cited as the time has come to make sure that our is going to increase penalties and civil ‘‘Anticounterfeiting Consumer Protection fight against counterfeiting is as so- fines of up to $1 million per mark. It is Act of 1995’’. phisticated and modern as the crime it- going to allow greater enforcement co- SEC. 2. FINDINGS. self. ordination by State and local law en- The counterfeiting of trademarked and Finally, I want to thank all of the forcement officials working toward copyrighted merchandise— members of the Judiciary Committee this. (1) has been connected with organized who have supported this important leg- This is, I think, an increasing area of crime; islation. Chairman HYDE, Chairman concern for those in the software in- (2) deprives legitimate trademark and copyright owners of substantial revenues and MOORHEAD, ranking minority member dustry, and I think this legislation is consumer goodwill; CONYERS, Congresswoman SCHROEDER going to make tremendous headway to- ward curbing these abuses in the fu- (3) poses health and safety threats to have all contributed to this effort. I American consumers; greatly appreciate their hard work on ture. I am proud to be a cosponsor of (4) eliminates American jobs; and behalf of American consumers and this, and once again congratulate my (5) is a multibillion-dollar drain on the businesses. colleagues in bringing this to the floor United States economy. I urge all to support this legislation. today. SEC. 3. COUNTERFEITING AS RACKETEERING. Mr. MOORHEAD. Mr. Speaker, I have b 1500 Section 1961(1)(B) of title 18, United States no further requests for time, and I Code, is amended by inserting ‘‘, section 2318 Mrs. SCHROEDER. Mr. Speaker, I yield back the balance of my time. (relating to trafficking in counterfeit labels yield myself such time as I may The SPEAKER pro tempore (Mr. for phonorecords, computer programs or consume. UPTON). The question is on the motion computer program documentation or pack- Mr. Speaker, I would like to thank offered by the gentleman from Califor- aging and copies of motion pictures or other two more staff people who worked audiovisual works), section 2319 (relating to nia [Mr. MOORHEAD] that the House criminal infringement of a copyright), sec- very, very hard on this legislation, and suspend the rules and pass the bill, tion 2320 (relating to trafficking in goods or that would be Elizabeth Frazee and H.R. 2511, as amended. services bearing counterfeit marks)’’ after Betty Wheeler. They also, I think, The question was taken; and (two- ‘‘sections 2314 and 2315 (relating to interstate worked very hard on this, and we want- thirds having voted in favor thereof) transportation of stolen property)’’. June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5781 SEC. 4. APPLICATION TO COMPUTER PROGRAMS, striking ‘‘as the case may be;’’ and all that (3) by adding at the end the following new COMPUTER PROGRAM DOCUMENTA- follows through the end and inserting ‘‘as paragraph: TION, OR PACKAGING. the case may be.’’. ‘‘(6)(A) A counterfeit label for a phono- Section 2318 of title 18, United States Code, SEC. 9. DISPOSITION OF MERCHANDISE BEARING record, computer program or computer pro- is amended— AMERICAN TRADEMARK. gram documentation or packaging or copy of (1) in subsection (a), by inserting ‘‘a com- Section 526(e) of the Tariff Act of 1930 (19 a motion picture or other audiovisual work puter program or computer program docu- U.S.C. 1526(e)) is amended— (as defined in section 2318 of title 18); mentation or packaging or’’ after ‘‘copy of’’; (1) in the second sentence, by inserting ‘‘(B) a phonorecord or copy in violation of (2) in subsection (b)(3), by inserting ‘‘ ‘com- ‘‘destroy the merchandise. Alternatively, if section 2319 of title 18; or puter program,’ ’’ after ‘‘ ‘motion picture,’ ’’; the merchandise is not unsafe or a hazard to ‘‘(C) any good bearing a counterfeit mark and health, and the Secretary has the consent of (as defined in section 2320 of title 18).’’. (3) in subsection (c)(3), by inserting ‘‘a the trademark owner, the Secretary may’’ copy of a computer program or computer SEC. 14. REGULATIONS. after ‘‘shall, after forfeiture,’’; program documentation or packaging,’’ after Not later than 6 months after the date of (2) by inserting ‘‘or’’ at the end of para- ‘‘enclose,’’. enactment of this Act, the Secretary of the graph (2); Treasury shall prescribe such regulations or SEC. 5. TRAFFICKING IN COUNTERFEIT GOODS (3) by striking ‘‘, or’’ at the end of para- OR SERVICES. amendments to existing regulations that graph (3) and inserting a period; and may be necessary to implement and enforce Section 2320 of title 18, United States Code, (4) by striking paragraph (4). is amended by adding at the end the follow- this Act. SEC. 10. CIVIL PENALTIES. ing new subsection: MOTION OFFERED BY MR. MOORHEAD Section 526 of the Tariff Act of 1930 (19 ‘‘(e) Beginning with the first year after the Mr. MOORHEAD. Mr. Speaker, I offer date of enactment of this subsection, the At- U.S.C. 1526) is amended by adding at the end the following new subsection: a motion. torney General shall include in the report of The Clerk read as follows: the Attorney General to Congress on the ‘‘(f)(1) Any person who directs, assists fi- business of the Department of Justice pre- nancially or otherwise, or aids and abets the Mr. MOORHEAD moves to strike out all pared pursuant to section 522 of title 28, on a importation of merchandise for sale or pub- after the enacting clause of S. 1136 and to in- district by district basis, for all actions in- lic distribution that is seized under sub- sert in lieu thereof the text of H.R. 2511, as volving trafficking in counterfeit labels for section (e) shall be subject to a civil fine. passed by the House. ‘‘(2) For the first such seizure, the fine phonorecords, copies of computer programs The motion was agreed to. shall be not more than the value that the or computer program documentation or merchandise would have had if it were genu- The Senate bill was ordered to be packaging, copies of motion pictures or ine, according to the manufacturer’s sug- read a third time, was read the third other audiovisual works (as defined in sec- gested retail price, determined under regula- time, and passed, and a motion to re- tion 2318 of title 18), criminal infringement tions promulgated by the Secretary. consider was laid on the table. of copyrights (as defined in section 2319 of ‘‘(3) For the second seizure and thereafter, title 18), or trafficking in goods or services APPOINTMENT OF CONFEREES the fine shall be not more than twice the bearing counterfeit marks (as defined in sec- Mr. MOORHEAD. Mr. Speaker, I offer value that the merchandise would have had tion 2320 of title 18), an accounting of— if it were genuine, as determined under regu- a motion. ‘‘(1) the number of open investigations; The Clerk read as follows: ‘‘(2) the number of cases referred by the lations promulgated by the Secretary. United States Customs Service; ‘‘(4) The imposition of a fine under this Pursuant to rule XX and by direction of ‘‘(3) the number of cases referred by other subsection shall be within the discretion of the Committee on the Judiciary, Mr. MOOR- agencies or sources; and the United States Customs Service, and shall HEAD moves that the House insist on its ‘‘(4) the number and outcome, including be in addition to any other civil or criminal amendment to the bill S. 1136 and request a settlements, sentences, recoveries, and pen- penalty or other remedy authorized by law.’’. conference thereon with the Senate. alties, of all prosecutions brought under sec- SEC. 11. PUBLIC DISCLOSURE OF AIRCRAFT The motion was agreed to. tions 2318, 2319, and 2320 of title 18.’’. MANIFESTS. The SPEAKER pro tempore. Without SEC. 6. SEIZURE OF COUNTERFEIT GOODS. Section 431(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1431(c)(1)) is amended— objection, the Chair appoints the fol- Section 34(d)(9) of the Act of July 5, 1946 (60 lowing conferees: Messrs. HYDE, MOOR- Stat. 427, chapter 540; 15 U.S.C. 1116(d)(9)), is (1) in the matter preceding subparagarph HEAD, GOODLATTE, CONYERS, and Mrs. amended by striking the first sentence and (A), by inserting ‘‘vessel or aircraft’’ before inserting the following: ‘‘The court shall ‘‘manifest’’; SCHROEDER. (2) by amending subparagraph (D) to read order that service of a copy of the order There was no objection. as follows: under this subsection shall be made by a A similar House bill (H.R. 2511) was ‘‘(D) The name of the vessel, aircraft, or Federal law enforcement officer (such as a laid on the table. carrier.’’; United States marshal or an officer or agent (3) by amending subparagraph (E) to read f of the United States Customs Service, Secret as follows: COPYRIGHT CLARIFICATIONS ACT Service, Federal Bureau of Investigation, or ‘‘(E) The seaport or airport of loading.’’; Post Office) or may be made by a State or and OF 1996 local law enforcement officer, who, upon (4) by amending subparagraph (F) to read Mr. MOORHEAD. Mr. Speaker, I making service, shall carry out the seizure as follows: under the order.’’. move to suspend the rules and pass the ‘‘(F) The seaport or airport of discharge.’’. bill (H.R. 1861) to make technical cor- SEC. 7. RECOVERY FOR VIOLATION OF RIGHTS. SEC. 12. CUSTOMS ENTRY DOCUMENTATION. Section 35 of the Act of July 5, 1946 (60 rections in the Satellite Home Viewer Section 484(d) of the Tariff Act of 1930 (19 Act of 1994 and other provisions of title Stat. 427, chapter 540; 15 U.S.C. 1117), is U.S.C. 1484(d)) is amended— amended by adding at the end the following (1) by striking ‘‘Entries’’ and inserting ‘‘(1) 17, United States Code, as amended. new subsection: Entries’’; and The Clerk read as follows: ‘‘(c) In a case involving the use of a coun- (2) by adding at the end the following new H.R. 1861 terfeit mark (as defined in section 34(d) (15 paragraph: Be it enacted by the Senate and House of Rep- U.S.C. 1116(d)) in connection with the sale, ‘‘(2) The Secretary, in prescribing regula- offering for sale, or distribution of goods or resentatives of the United States of America in tions governing the content of entry docu- Congress assembled, services, the plaintiff may elect, at any time mentation, shall require that entry docu- before final judgment is rendered by the trial mentation contain such information as may SECTION 1. SHORT TITLE. court, to recover, instead of actual damages be necessary to determine whether the im- This Act may be cited as the ‘‘Copyright and profits under subsection (a), an award of ported merchandise bears an infringing Clarifications Act of 1996’’. statutory damages for any such use in the trademark in violation of section 42 of the SEC. 2. SATELLITE HOME VIEWER ACT. amount of— Act of July 5, 1946 (60 Stat. 440, chapter 540; The Satellite Home Viewer Act of 1994 (Public ‘‘(1) not less than $500 or more than $100,000 15 U.S.C. 1124) or any other applicable law, Law 103–369) is amended as follows: per counterfeit mark per type of goods or including a trademark appearing on the (1) Section 2(3)(A) is amended to read as fol- services sold, offered for sale, or distributed, goods or packaging.’’. lows: as the court considers just; or SEC. 13. UNLAWFUL USE OF VESSELS, VEHICLES, ‘‘(A) in clause (i) by striking ‘12 cents’ and in- ‘‘(2) if the court finds that the use of the AND AIRCRAFT IN AID OF COMMER- serting ‘17.5 cents per subscriber in the case of counterfeit mark was willful, not more than CIAL COUNTERFEITING. superstations that as retransmitted by the sat- $1,000,000 per counterfeit mark per type of Section 80302(a) of title 49, United States ellite carrier include any program which, if de- goods or services sold, offered for sale, or dis- Code, is amended— livered by any cable system in the United States, tributed, as the court considers just.’’. (1) by striking ‘‘or’’ at the end of paragraph would be subject to the syndicated exclusivity SEC. 8. DISPOSITION OF EXCLUDED ARTICLES. (4); rules of the Federal Communications Commis- Section 603(c) of title 17, United States (2) by striking the period at the end of sion, and 14 cents per subscriber in the case of Code, is amended in the second sentence by paragraph (5) and inserting ‘‘; or’’; and superstations that are syndex-proof as defined H5782 CONGRESSIONAL RECORD — HOUSE June 4, 1996 in section 258.2 of title 37, Code of Federal Regu- (4) Subsection (h)(3) is amended to read as fol- not an infringement for the owner or lessee of a lations; and’ ’’. lows: machine to make or authorize the making of a (2) Section 2(4) is amended to read as follows: ‘‘(3) The term ‘eligible country’ means a na- copy of a computer program if such copy is ‘‘(4) Subsection (c) is amended— tion, other than the United States, that, after made solely by virtue of the activation of a ma- ‘‘(A) in paragraph (1)— the date of the enactment of the Uruguay chine that lawfully contains an authorized copy ‘‘(i) by striking ‘until December 31, 1992,’; Round Agreements Act— of the computer program, for purposes only of ‘‘(ii) by striking ‘(2), (3) or (4)’ and inserting ‘‘(A) becomes a WTO member, maintenance or repair of that machine, provided ‘(2) or (3)’; and ‘‘(B) is or becomes a member of the Berne Con- that— ‘‘(iii) by striking the second sentence; vention, or ‘‘(1) such new copy is used in no other man- ‘‘(B) in paragraph (2)— ‘‘(C) becomes subject to a proclamation under ner and is destroyed immediately after the main- ‘‘(i) in subparagraph (A) by striking ‘July 1, subsection (g).’’. tenance or repair is completed, and 1991’ and inserting ‘July 1, 1996’; and ‘‘(2) with respect to any computer program or ‘‘(ii) in subparagraph (D) by striking ‘Decem- SEC. 4. LICENSES FOR NONEXEMPT SUBSCRIP- part thereof that is not necessary for that ma- ber 31, 1994’ and inserting ‘December 31, 1999, or TION TRANSMISSIONS. chine to be activated, such program or part in accordance with the terms of the agreement, Section 114(f) of title 17, United States Code, thereof is not accessed or used other than to whichever is later’; and is amended— ‘‘(C) in paragraph (3)— (1) in paragraph (1), by inserting ‘‘, or ending make such new copy by virtue of the activation ‘‘(i) in subparagraph (A) by striking ‘Decem- 30 days after the Librarian issues and publishes of the machine. ber 31, 1991’ and inserting ‘January 1, 1997’; in the Federal Register an order adopting or re- ‘‘(d) DEFINITIONS.—For purposes of this sec- ‘‘(ii) by amending subparagraph (B) to read jecting the report of the copyright arbitration tion— as follows: royalty panel, if such panel is convened’’ after ‘‘(1) the term ‘maintenance’ of a machine ‘(B) ESTABLISHMENT OF ROYALTY FEES.—In ‘‘December 31, 2000’’; and means servicing the machine in order to make it determining royalty fees under this paragraph, (2) in paragraph (2), by striking ‘‘and publish work in accordance with its original specifica- the copyright arbitration royalty panel ap- in the Federal Register’’. tions and any changes to those specifications authorized for that machine; and pointed under chapter 8 shall establish fees for SEC. 5. ROYALTY PAYABLE UNDER COMPULSORY the retransmission of network stations and LICENSE. ‘‘(2) the term ‘repair’ of a machine means re- superstations that most clearly represent the Section 115(c)(3)(D) of title 17, United States storing it to the state of working in accordance fair market value of secondary transmissions. In Code, is amended by striking ‘‘and publish in with its original specifications and any changes determining the fair market value, the panel the Federal Register’’. to those specifications authorized for that ma- chine.’’. shall base its decision on economic, competitive, SEC. 6. NEGOTIATED LICENSE FOR JUKEBOXES. and programming information presented by the SEC. 8. PUBLIC BROADCASTING COMPULSORY LI- Section 116 of title 17, United States Code, is CENSE. parties, including— amended— ‘(i) the competitive environment in which such Section 118 of title 17, United States Code, is (1) by amending subsection (b)(2) to read as amended as follows: programming is distributed, the cost of similar follows: signals in similar private and compulsory license (1) Subsection (b) is amended by striking para- ‘‘(2) ARBITRATION.—Parties not subject to graph (1) and redesignating paragraphs (2) and marketplaces, and any special features and con- such a negotiation may determine the result of ditions of the retransmission marketplace; (3) as paragraphs (1) and (2), respectively. the negotiation by arbitration in accordance (2) Subsection (b)(2) (as redesignated by para- ‘(ii) the economic impact of such fees on copy- with the provisions of chapter 8.’’; and right owners and satellite carriers; and graph (1) of this section) is amended by striking (2) by adding at the end the following new ‘‘(2)’’ each place it appears and inserting ‘‘(1)’’. ‘(iii) the impact on the continued availability subsection: of secondary transmissions to the public.’; and (3) Subsection (e) is amended to read as fol- ‘‘(d) DEFINITIONS.—As used in this section, ‘‘(iii) in subparagraph (C), by inserting ‘or lows: the following terms mean the following: July 1, 1997, whichever is later’ after ‘section ‘‘(e)(1) Except as expressly provided in this ‘‘(1) A ‘coin-operated phonorecord player’ is a 802(g)’.’’. subsection, this section shall not apply to works machine or device that— (3) Section 2(5)(A) is amended to read as fol- other than those specified in subsection (b). ‘‘(A) is employed solely for the performance of lows: ‘‘(2) Owners of copyright in nondramatic lit- ‘‘(A) in paragraph (5)(C) by striking ‘the date nondramatic musical works by means of erary works and public broadcasting entities of the enactment of the Satellite Home Viewer phonorecords upon being activated by the inser- may, during the course of voluntary negotia- Act of 1988’ and inserting ‘November 16, 1988’; tion of coins, currency, tokens, or other mone- tions, agree among themselves, respectively, as and’’. tary units or their equivalent; to the terms and rates of royalty payments with- ‘‘(B) is located in an establishment making no out liability under the antitrust laws. Any such SEC. 3. COPYRIGHT IN RESTORED WORKS. direct or indirect charge for admission; Section 104A of title 17, United States Code, is terms and rates of royalty payments shall be ef- ‘‘(C) is accompanied by a list which is com- amended as follows: fective upon being filed in the Copyright Office, prised of the titles of all the musical works (1) Subsection (d)(3)(A) is amended to read as in accordance with regulations that the Register available for performance on it, and is affixed to follows: of Copyrights shall prescribe.’’. the phonorecord player or posted in the estab- ‘‘(3) EXISTING DERIVATIVE WORKS.—(A) In the SEC. 9. REGISTRATION AND INFRINGEMENT AC- case of a derivative work that is based upon a lishment in a prominent position where it can be TIONS. restored work and is created— readily examined by the public; and Section 411(b)(1) of title 17, United States ‘‘(i) before the date of the enactment of the ‘‘(D) affords a choice of works available for Code, is amended to read as follows: Uruguay Round Agreements Act, if the source performance and permits the choice to be made ‘‘(1) serves notice upon the infringer, not less country of the restored work is an eligible coun- by the patrons of the establishment in which it than 48 hours before such fixation, identifying try on such date, or is located. the work and the specific time and source of its ‘‘(ii) before the date of adherence or proclama- ‘‘(2) An ‘operator’ is any person who, alone or first transmission, and declaring an intention to tion, if the source country of the restored work jointly with others— secure copyright in the work; and’’. is not an eligible country on such date of enact- ‘‘(A) owns a coin-operated phonorecord play- SEC. 10. COPYRIGHT OFFICE FEES. ment,a reliance party may continue to exploit er; (a) FEE INCREASES.—Section 708(b) of title 17, that derivative work for the duration of the re- ‘‘(B) has the power to make a coin-operated United States Code, is amended to read as fol- stored copyright if the reliance party pays to the phonorecord player available for placement in lows: owner of the restored copyright reasonable com- an establishment for purposes of public perform- ‘‘(b) In calendar year 1996 and in any subse- pensation for conduct which would be subject to ance; or quent calendar year, the Register of Copyrights, a remedy for infringement but for the provisions ‘‘(C) has the power to exercise primary control by regulation, may increase the fees specified in of this paragraph.’’. over the selection of the musical works made subsection (a) in the following manner: (2) Subsection (e)(1)(B)(ii) is amended by available for public performance on a coin-oper- ‘‘(1) The Register shall conduct a study of the striking the last sentence. ated phonorecord player.’’. costs incurred by the Copyright Office for the (3) Subsection (h)(2) is amended to read as fol- SEC. 7. LIMITATIONS ON EXCLUSIVE RIGHTS; registration of claims, the recordation of docu- lows: COMPUTER PROGRAMS. ments, and the provision of services. The study ‘‘(2) The ‘date of restoration’ of a restored Section 117 of title 17, United States Code, is shall also consider the timing of any increase in copyright is the later of— amended as follows: fees and the authority to use such fees consist- ‘‘(A) January 1, 1996, the date on which the (1) Strike ‘‘Notwithstanding’’ and insert the ent with the budget. Agreement on Trade-Related Aspects of Intellec- following: ‘‘(2) The Register shall have discretion to in- tual Property referred to in section 101(d)(15) of ‘‘(a) MAKING OF ADDITIONAL COPY OR ADAP- crease fees up to the reasonable costs incurred the Uruguay Round Agreements Act enters into TATION BY OWNER OF COPY.—Notwithstanding’’. by the Copyright Office for the services de- force with respect to the United States, if the (2) Strike ‘‘Any exact’’ and insert the follow- scribed in paragraph (1) plus a reasonable infla- source country of the restored work is a nation ing: tion adjustment to account for any estimated in- adhering to the Berne Convention or a WTO ‘‘(b) LEASE, SALE, OR OTHER TRANSFER OF AD- crease in costs. member country on such date, or DITIONAL COPY OR ADAPTATION.—Any exact’’. ‘‘(3) Any newly established fee based on para- ‘‘(B) the date of adherence or proclamation, (3) Add at the end the following: graph (2) shall be rounded off to the nearest in the case of any other source country of the ‘‘(c) MACHINE MAINTENANCE OR REPAIR.—Not- dollar, or for a fee less than $12, rounded off to restored work.’’. withstanding the provisions of section 106, it is the nearest 50 cents. June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5783 ‘‘(4) The fees shall be fair and equitable and (1) by amending the heading to read ‘‘DEDUC- the Copyright act so that Congress’ give due consideration to the objectives of the TION OF COSTS OF LIBRARY OF CONGRESS AND original intent can be better achieved. copyright system. COPYRIGHT OFFICE FROM ROYALTY FEES.—’’; Two provisions resolve problems cre- ‘‘(5) If upon completion of the study, the Reg- (2) in the first sentence by inserting ‘‘to sup- ated by recent judicial interpretations ister determines that the fees should be in- port distribution proceedings’’ after ‘‘Copyright creased, the Register shall prepare a proposed Office’’; and of provisions of the copyright law. One fee schedule and submit the schedule with the (3) by amending the third sentence to read as of these amendments makes clear that accompanying economic analysis to the Con- follows: ‘‘In ratemaking proceedings, the Librar- the distribution of musical disks or gress. The fees proposed by the Register may be ian of Congress and the Copyright Office may tapes before 1978 did not publish the instituted after the end of 120 days after the assess their reasonable costs directly to the par- musical compositions embodied in the schedule is submitted to the Congress unless, ties to the most recent relevant arbitration pro- disks or tapes. The other amendment within that 120-day period, a law is enacted ceeding, 50 percent of the costs to the parties ensures that independent service orga- stating in substance that the Congress does not who would receive royalties from the royalty nizations have the ability to activate a approve the schedule.’’. rate adopted in the proceeding and 50 percent of computer to maintain and repair its (b) DEPOSIT OF FEES.—Section 708(d) of such the costs to the parties who would pay the roy- title is amended to read as follows: alty rate so adopted, subject to the discretion of hardware components without being ‘‘(d)(1) Except as provided in paragraph (2), the arbitrators to assess costs under subsection held liable by a court for copyright in- all fees received under this section shall be de- (c).’’. fringement due to that activation posited by the Register of Copyrights in the SEC. 12. DIGITAL AUDIO RECORDING DEVICES alone. Treasury of the United States and shall be cred- AND MEDIA. The U.S. Copyright Office is the ited to the appropriations for necessary expenses Section 1007(b) of title 17, United States Code, agency charged with primary respon- of the Copyright Office. Such fees that are col- is amended by striking ‘‘Within 30 days after’’ sibility for implementing the provi- lected shall remain available until expended. in the first sentence and inserting ‘‘After’’. The Register may, in accordance with regula- sions of the Copyright Act. In early SEC. 13. TREATMENT OF PRE-1978 PUBLICATION 1995, the Copyright Office submitted to tions that he or she shall prescribe, refund any OF SOUND RECORDINGS. sum paid by mistake or in excess of the fee re- the Subcommittee on Courts and Intel- Section 303 of title 17, United States Code, is lectual Property a number of rec- quired by this section. amended— ‘‘(2) In the case of fees deposited against fu- (1) by striking ‘‘Copyright’’ and inserting ‘‘(a) ommendations to clarify or correct the ture services, the Register of Copyrights shall re- Copyright’’; and following: the Copyright Fees and quest the Secretary of the Treasury to invest in (2) by adding at the end the following: Technical Amendments Act of 1989, the interest-bearing securities in the United States ‘‘(b) The distribution before January 1, 1978, Audio Home Recording Act of 1992, the Treasury any portion of the fees that, as deter- of a phonorecord shall not for any purpose con- mined by the Register, is not required to meet Copyright Royalty Tribunal Reform stitute a publication of the musical work em- Act of 1993, the Satellite Home Viewer current deposit account demands. Funds shall bodied therein.’’. be invested in securities that permit funds to be Act of 1994, and the Digital Perform- available to the Copyright Office at all times if SEC. 14. CONFORMING AMENDMENT. ance Right in Sound Recordings Act of they are determined to be necessary to meet cur- Paragraph (5) of section 4 of the Digital Per- 1995. This legislation is the result of rent deposit account demands. Such investments formance Right in Sound Recordings Act of 1995 is redesignated as paragraph (4). those efforts and I want to congratu- shall be in public debt securities with maturities late the Register of Copyrights, SEC. 15. EFFECTIVE DATES. suitable to the needs of the fund, as determined Marybeth Peters, and her staff, for by the Register of Copyrights, and bearing inter- (a) IN GENERAL.—Except as provided in sub- est at rates determined by the Secretary of the section (b), the amendments made by this Act their great initiative and hard work. Treasury, taking into consideration current shall take effect on the date of the enactment of This legislation amends section 117 market yields on outstanding marketable obliga- this Act. to ensure that independent service or- tions of the United States of comparable matu- (b) SATELLITE HOME VIEWER ACT.—The ganizations do not inadvertently be- rities. amendments made by section 1 shall be effective come liable for copyright infringement ‘‘(3) The income on such investments shall be as if enacted as part of the Satellite Home View- merely because they have turned on a deposited in the Treasury of the United States er Act of 1994 (Public Law 103–369). machine in order to service its hard- and shall be credited to the appropriations for The SPEAKER pro tempore. Pursu- ware components. The language con- necessary expenses of the Copyright Office.’’. ant to the rule, the gentleman from tained in this section of the bill was SEC. 11. COPYRIGHT ARBITRATION ROYALTY PAN- California [Mr. MOORHEAD] and the driven by the introduction of H.R. 533, ELS. gentlewoman from Colorado [Mrs. (a) ESTABLISHMENT AND PURPOSE.—Section by Representative KNOLLENBERG of 801 of title 17, United States Code, is amended— SCHROEDER] will each be recognized for Michigan. I thank Mr. KNOLLENBERG (1) in subsection (b)(1) by striking ‘‘and 116’’ 20 minutes. for bringing this important matter to in the first sentence and inserting ‘‘116, and The Chair recognizes the gentleman the subcommittee’s attention and for 119’’; from California [Mr. MOORHEAD]. leading the way in negotiations be- (2) in subsection (c) by inserting after ‘‘panel’’ GENERAL LEAVE at the end of the sentence the following: tween the parties which resulted in the Mr. MOORHEAD. Mr. Speaker, I ask ‘‘, including— language contained in this bill. ‘‘(1) authorizing the distribution of those roy- unanimous consent that all Members A provision of this bill which clari- alty fees collected under sections 111, 119, and may have 5 legislative days within fies the law to ensure that the mere 1005 that the Librarian has found are not sub- which to revise and extend their re- distribution of musical disks or tapes ject to controversy; and marks and include extraneous material before 1978 did not constitute a publica- ‘‘(2) accepting or rejecting royalty claims filed on H.R. 1861. tion of the musical composition em- under sections 111, 119, and 1007 on the basis of The SPEAKER pro tempore. Is there bodied in those disks or tapes comes timeliness or the failure to establish the basis for objection to the request of the gen- from a decision of the Ninth Circuit in a claim’’; and (3) by amending subsection (d) to read as fol- tleman from California? the case of La Cienega Music Co. which lows: There was no objection. conflicts with 90 years of practice of ‘‘(d) SUPPORT AND REIMBURSEMENT OF ARBI- Mr. MOORHEAD. Mr. Speaker, I the U.S. Copyright Office and the long- TRATION PANELS.—The Librarian of Congress, yield myself such time as I may standing legal precedent in this coun- upon the recommendation of the Register of consume. try, thereby casting a black cloud over Copyrights, shall provide the copyright arbitra- (Mr. MOORHEAD asked and was the rights of every U.S. music pub- tion royalty panels with the necessary adminis- trative services related to proceedings under this given permission to revise and extend lisher for any pre-1978 composition re- chapter, and shall reimburse the arbitrators at his remarks.) leased on phonorecords. I want to take such intervals and in such manner as the Li- Mr. MOORHEAD. Mr. Speaker, I rise a moment to thank Mr. Bernard brarian shall provide by regulation. Each such in support of H.R. 1861, the Copyright Besman, the owner of La Cienega arbitrator is an independent contractor acting Clarifications Act of 1996. This impor- Music Co., who has fought so hard to on behalf of the United States, and shall be paid tant legislation will assist the U.S. exhaust his remedies in the courts, and pursuant to a signed agreement between the Li- Copyright Office in carrying out its du- who is primarily responsible for the brary of Congress and the arbitrator. Payments ties, including giving the Office the necessary clarification to the law that to the arbitrators shall be considered costs in- curred by the Library of Congress and the Copy- ability to set reasonable fees for basic exists in H.R. 1861. Music publishers, right Office for purposes of section 802(h)(1).’’. services, subject to congressional ap- songwriters, and all those involved in (b) PROCEEDINGS.—Section 802(h)(1) of title 17, proval. It corrects or clarifies the lan- the creation of music owe Mr. Besman United States Code, is amended— guage in several recent amendments to deep thanks for his personal sacrifice H5784 CONGRESSIONAL RECORD — HOUSE June 4, 1996 in pursuing through the judicial and The provisions of this bill have re- system software) is automatically copied legislative system a just solution to a ceived the support of the Register of into the machine’s random access memory, wrong about which he felt strongly. He Copyrights who testified before our or RAM. can be assured that we will work subcommittee on behalf of the U.S. In the very next sentence it states: quickly to get this piece of legislation Copyright Office. I urge my colleagues During the course of activating the com- to the President’s desk for his signa- to support this bill. puter, different parts of the operating sys- ture so that Mr. Besman’s fight for all Mr. Speaker, having no further re- tem may reside in the RAM at different music writers and publishers can come quests for time, I yield back the bal- times because the operating system is some- to a rewarding end. ance of my time. times larger than the capacity of the RAM. Mr. Speaker, all of the provisions Mr. MOORHEAD. Mr. Speaker, I Mr. Chairman, does activating the contained in this bill are necessary for yield 5 minutes to the gentleman from computer mean allowing the entire op- the proper functioning of the U.S. Michigan [Mr. KNOLLENBERG]. erating system to be loaded by the Copyright Office and the Copyright Mr. KNOLLENBERG. Mr. Speaker, I computer into the RAM, even if dif- system, I am unaware of any opposi- thank the gentleman for yielding time ferent parts of the operating system tion to this legislation, and I urge a fa- to me. are not loaded in one step? vorable vote on H.R. 1861. Mr. Speaker, I want to thank Chair- Mr. MOORHEAD. If the gentleman Mr. Speaker, I reserve the balance of man MOORHEAD for pushing this bill will yield, Mr. Speaker, the gentleman my time. through Congress. It is a tribute to his is correct. Activation may include get- Mrs. SCHROEDER. Mr. Speaker, I fine leadership—and leadership we will ting the different parts of the operat- yield myself such time as I may miss when he departs at the end of this ing system through the RAM. Because consume. Congress. the entire operating system may not Mr. Speaker. I again thank my sub- I am very pleased the chairman has entirely fit into the RAM, activation committee chairman, the distinguished provided this opportunity to move this may proceed through a series of steps gentleman from California, [Mr. MOOR- important, bipartisan bill through the until the entire operating system is HEAD], and I join the subcommittee House. My bill, H.R. 533, has been in- fully loaded. chairman and the members of the sub- cluded in this legislation, and I want to Mr. KNOLLENBERG. Again, I want committee in supporting H.R. 1861, extend my appreciation to the chair- to thank the chairman for his efforts which has a whole number of provi- man for choosing to include our lan- and hard work. I want to thank him for sions that clarify the copyright law. including my legislation in this bill. So we are doing two things today. In guage. Mr. MOORHEAD. Mr. Speaker, I have the prior bill we increased the pen- My bill is designed to ensure that no further requests for time, and I alties, and here we are making it as independent service organizations yield back the balance of my time. clear as possible what the copyright [ISO’s] do not inadvertently become The SPEAKER pro tempore. The law should be. Some of these provisions liable for copyright infringement mere- question is on the motion offered by correct drafting errors in prior recent ly because they have turned on a ma- amendments to the law. Other provi- chine in order to service its hardware the gentleman from California [Mr. sions are intended to assist the Copy- components. MOORHEAD] that the House suspend the right Office in carrying out their du- As it is written, current law holds rules and pass the bill, H.R. 1861, as ties. These provisions are basically them liable when they flip the switch. amended. technical and housekeeping in nature. It places a heavy burden on our work- The question was taken; and (two- This is one of the few housekeeping ers who need to service our computer thirds having voted in favor thereof) tasks I ever do in my role here. They systems. And a strict enforcement of the rules were suspended and the bill, are described in detail in the bill report this law could shut down the multibil- as amended, was passed. that accompanies this. lion dollar high technology mainte- A motion to reconsider was laid on Another provision reinstates the nance industry which provides thou- the table. longstanding view of the Copyright Of- sands of jobs. f fice that has been confirmed by the In today’s business world, our com- Second Circuit Court of Appeals that puter service technicians must have BOATING AND AVIATION the sale or distribution of recordings to the flexibility to do their jobs without OPERATION SAFETY ACT OF 1996 the public before 1978 did not con- the fear they are breaking copyright Mr. GEKAS. Mr. Speaker, I move to stitute publication of the music com- laws. suspend the rules and pass the bill position embodied in the recording. Every day our reliance on our com- (H.R. 234) to amend title 11 of the Unit- puter systems is growing, and in to- ed States Code to make nondischarge- b 1515 day’s deadline-filled, rushed business able a debt for death or injury caused This longstanding view, however, was world, minutes can mean millions. by the debtor’s operation of watercraft rejected by the ninth circuit last year, These restrictions also have a nega- or aircraft while intoxicated, as and that created a good deal of uncer- tive impact on consumers. Costs and amended. tainty for many musical works that convenience are major factors when The Clerk read as follows: have been recorded and sold before 1978. using specific computer service people. H.R. 234 This bill is intended to remove that un- Forcing consumers into strict require- Be it enacted by the Senate and House of certainty by confirming the longstand- ments of who can and cannot service Representatives of the United States of ing view of the Copyright Office and your computer will certainly nega- America in Congress assembled, what everybody had thought had been tively impact consumers and busi- SECTION 1. SHORT TITLE. the law before the ninth circuit deci- nesses alike. This Act may be cited as the ‘‘Boating and sion. With the personal computer as com- Aviation Operation Safety Act of 1996’’. Finally, there is a narrowly crafted mon in our day-to-day lives as any SEC. 2. AMENDMENT. provision that enables independent other household item, we need to give Section 523(a)(9) of title 11, United States service organizations that have the our computer repairmen the flexibility Code, is amended by inserting ‘‘, watercraft, ability to activate a computer to main- and opportunity to service our sys- or aircraft’’ after ‘‘motor vehicle’’. tain and repair its hardware compo- tems. SEC. 3. EFFECTIVE DATE; APPLICATION OF nents without becoming liable for At this point I would like to enter AMENDMENT. copyright infringement. into a colloquy with the distinguished (a) EFFECTIVE DATE.—Except as provided in I want to emphasize the extremely chairman of the Courts and Intellec- subsection (b), this Act and the amendment made by section 2 shall take effect on the narrow reach of this provision. It is de- tual Property Subcommittee. signed to maintain undiminished copy- date of the enactment of this Act. Mr. Chairman, the report language (b) APPLICATION OF AMENDMENT.—The right protection to authors of com- states: amendment made by section 2 shall not puter programs, while making it pos- When a computer is activated, that is when apply with respect to cases commenced sible for third parties to service the it is turned on, certain software or parts under title 11 of the United States Code be- computer hardware. thereof (generally the machine’s operating fore the date of the enactment of this Act. June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5785 The SPEAKER pro tempore. Pursu- Mr. REED. Mr. Speaker, I yield my- In a later decision in 1993, another ant to the rule, the gentleman from self such time as I may consume. court held that motor vehicle clearly Pennsylvania [Mr. GEKAS] and the gen- Mr. Speaker, I rise in support of the was intended to apply only to an auto- tleman from Rhode Island [Mr. REED] bill. The goal of chapter 7 and chapter mobile and, therefore, did not apply to will each be recognized for 20 minutes. 13 bankruptcy proceedings is to give watercraft or aircraft. The Chair recognizes the gentleman the debtor a fresh start by discharging Once again, in 1995, there was a judg- from Pennsylvania [Mr. GEKAS]. his or her debts, either after liquida- ment in another court that, indeed, GENERAL LEAVE tion of assets and payments to credi- motor vehicle included boats and air- Mr. GEKAS. Mr. Speaker, I ask unan- tors in chapter 7 or after a 3- to 5-year craft. imous consent that all Members may consumer reorganization repayment So it is not only necessary to pass have 5 legislative days to revise and ex- period in chapter 13. this particular bill to make certain tend their remarks on H.R. 234, the bill However, certain debts, such as ali- that we include aircraft and watercraft under consideration. mony and child support, are non- as vehicles whose illegal operations by The SPEAKER pro tempore. Is there dischargeable. The bankruptcy code al- someone who is drunk or on drugs re- objection to the request of the gen- ready prohibits the discharge of debt sults in a nondischargeable debt during tleman from Pennsylvania? arising from the operation of a motor bankruptcy, but it is also very impor- There was no objection. vehicle while intoxicated, and there tant to make this clear because the Mr. GEKAS. Mr. Speaker, I yield my- have been three reported cases inter- courts have ruled in different fashions self such time as I may consume. preting this section of the bankruptcy in these various cases. Therefore, I ap- Mr. Speaker, I rise in support of H.R. code. Two have held that the motor preciate the committee taking up the 234, the Boating and Aviation Oper- boat falls within the meaning of motor bill and giving us an opportunity to ation Safety Act and urge its adoption vehicle; one held the opposite. clarify this. by the House. This bill, introduced by the gen- The bill itself is very simple. It sim- Mr. Speaker, prior to 1984, it was pos- tleman from Michigan [Mr. EHLERS], ply makes clear that anyone who is op- sible in some realms in bankruptcy to would add watercraft and aircraft to erating a motor vehicle, a watercraft have the spectacle of a drunk driver the phrase motor vehicle in section or an aircraft illegally by virtue of who causes untold adverse con- 523(a)(9). being intoxicated from using alcohol, a This addition would clarify and em- sequences, damages, and injuries to an drug or another substance may not phasize that current law already pro- innocent victim and then we could ob- hide from responsibility for damages hibits the discharge of debts incurred serve a phenomenon whereby a judg- by making this a dischargeable debt by through the drunken operation of boats ment would be entered against this declaring bankruptcy. Clearly, this can and aircraft, as well as cars. H.R. 234 drunk driver for the damage that he be labeled as a victims’ rights bill, be- would eliminate further confusion in has caused and then to see the drunk cause this will ensure that victims of the courts about the intended scope of driver enter bankruptcy and have his this statute. such a drunk or drugged operator will whole obligation wiped out, discharged, I commend the gentleman from receive adequate compensation and because of the safe haven that a bank- Michigan [Mr. EHLERS] for his interest they cannot be deprived of that com- ruptcy would accord him. in this issue. My home State of Rhode pensation simply by virtue of the per- In 1984, the Congress passed legisla- Island is known as the Ocean State. We petrator having declared bankruptcy. tion that would make nondischargeable have thousands of people operating all I urge that the bill be passed, and I that kind of situation. That is, if that types of watercraft off our shores. Re- thank the chairman, once again, for his scenario were repeated after 1984, not- grettably, in the next few weeks we diligent work on this issue. withstanding the fact that a drunk will probably have tragic incidents in Mr. REED. Mr. Speaker, I yield my- driver later would try to file for bank- which people are injured and perhaps self such time as I may consume for ruptcy, even if he were accorded the killed by someone who irresponsibly the purpose of conducting a colloquy safeguards of bankruptcy, this particu- drank and piloted a boat. with my colleague, the distinguished lar obligation on drunk driving dam- One of the witnesses at the sub- gentleman from Pennsylvania [Mr. ages that he had caused would not be committee hearing on this issue testi- GEKAS], and I would ask the gentleman discharged from bankruptcy. fied that 25 percent of the reported if he would answer a question. Now, bringing us up to date here boating accidents in Maryland involved Mr. GEKAS. Mr. Speaker, if the gen- today, it has come to pass that several people with elevated blood alcohol lev- tleman will yield, I would be happy to. cases have come up on watercraft els. Clearly, this type of dangerous and Mr. REED. Mr. Speaker, how is drunk operation, and then the courts irresponsible behavior is something we watercraft to be defined? became split as to whether the must try to discourage by all means at Mr. GEKAS. A watercraft is a buoy- nondischargeability of a debt of a our disposal, and using the bankruptcy ant craft operated by a person in the drunk driver would apply to a drunk code to do so I think is appropriate. water—as an aircraft is an airborne boat operator. This clarification is indeed a very use- craft operated by a person in the air or So we have this legislation here to ful clarification of the code. in the act of taking off or landing. clarify all of those distinctions and Mr. Speaker, I reserve the balance of As I have said, our intent is to pro- controverted issues and solve the situa- my time. tect the public from intoxicated opera- tion. In other words, this legislation Mr. GEKAS. Mr. Speaker, I yield 5 tors of watercraft and aircraft. It mat- would add watercraft of any type where minutes to the gentleman from Michi- ters not whether the watercraft is a operated by someone who is drunk, gan [Mr. EHLERS]. motorboat, a personal watercraft, a who causes damages, that kind of dam- Mr. EHLERS. Mr. Speaker, I want to barge, a canoe, a kayak, a rowboat or age would not be dischargeable in thank the chairman of the subcommit- whatever, or whether the aircraft is jet bankruptcy to accompany the same tee not only for yielding time but also propelled, or propeller driven, or a glid- prohibition that now exists in the law for taking this bill up in the sub- er or a hang glider—you name it. There for drunk driving of land vehicles, as it committee and lending his support to is no requirement that the watercraft were. it. or aircraft be powered by an engine. That is the whole purpose of the leg- As my colleagues have heard, this Under this legislation, it is the unlaw- islation. But there are some matters bill is necessary because the current ful operation of a watercraft or aircraft that we wanted to clear up, so we will law simply specifies motor vehicle, and by an intoxicated operator resulting in enter into a colloquy, or after the that has been interpreted in three dif- death or personal injury that gives rise statement of the gentleman from ferent ways by the courts. to a nondischargeable debt. Rhode Island [Mr. REED], we will enter In 1989, there was a case in Florida in Mr. REED. I thank the gentleman. into a colloquy to further clarify some which the judge ruled that motor vehi- Mr. Speaker, I yield back the balance of these distinctions. cle included a boat or an airplane, op- of my time. Mr. Speaker, I reserve the balance of erated respectively on a waterway or Mr. GEKAS. Mr. Speaker, I want to my time. on an airway. thank the gentleman from Michigan H5786 CONGRESSIONAL RECORD — HOUSE June 4, 1996

[Mr. EHLERS] for the initiative that he H.R. 2977 (1) COMPETITIVE REQUIREMENTS IN DEFENSE displayed in bringing this matter to Be it enacted by the Senate and House of Rep- AGENCY CONTRACTS.—Section 2304(c)(3)(C) of the conclusion that it has found today, resentatives of the United States of America in title 10, United States Code, is amended by and I ask the Members to extend their Congress assembled, striking ‘‘agency, or’’ and inserting ‘‘agency, or to procure the services of an expert or support to the current legislation. SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Administra- neutral for use’’. Ms. DELAURO. Mr. Speaker, I rise in strong (2) COMPETITIVE REQUIREMENTS IN FEDERAL tive Dispute Resolution Act of 1996’’. support of H.R. 234, the Boating and Aviation CONTRACTS.—Section 303(c)(3)(C) of the Fed- Safety Act. The bill amends Federal bank- SEC. 2. AMENDMENT TO DEFINITIONS. eral Property and Administrative Services Section 571 of title 5, United States Code, Act of 1949 (41 U.S.C. 253(c)(3)(C)), is amended ruptcy law to ensure financial responsibility for is amended— individuals who cause deaths or injuries by by striking ‘‘agency, or’’ and inserting (1) in paragraph (3)— ‘‘agency, or to procure the services of an ex- operation of a boat or aircraft while under the (A) by striking ‘‘, in lieu of an adjudication pert or neutral for use’’. as defined in section 551(7) of this title,’’; influence of drugs or alcohol. Specifically, the (b) REFERENCES TO THE ADMINISTRATIVE (B) by striking ‘‘settlement negotiations,’’; measure prohibits bankruptcy courts from dis- CONFERENCE OF THE UNITED STATES.—Section charging an individual's debts for wrongful and 573 of title 5, United States Code, is amend- (C) by striking ‘‘and arbitration’’ and in- death or injuries if caused by the individual's ed— serting ‘‘arbitration, and use of ombuds- (1) by striking subsection (c) and inserting operation of a motor vehicle, boat, or aircraft men’’; and while intoxicated. the following: (2) in paragraph (8)— ‘‘(c) In consultation with other appropriate This legislation is extremely important to (A) in subparagraph (B) by striking ‘‘deci- Federal agencies and professional organiza- residents of my district, many of whom live on sion,’’ and inserting ‘‘decision;’’; and tions experienced in matters concerning dis- (B) by striking the matter following sub- the shoreline of the Long Island Sound. Boat- pute resolution, the Federal Mediation and paragraph (B). ing accidents are an unfortunate reality on a Conciliation Service shall— highly active waterway. As the summer boat- SEC. 3. AMENDMENTS TO CONFIDENTIALITY PRO- ‘‘(1) encourage and facilitate agency use of VISIONS. ing season begins, it is essential to provide alternative means of dispute resolutions; and (a) LIMITATION OF CONFIDENTIALITY APPLI- the victims of preventable boating accidents ‘‘(2) develop procedures that permit agen- CATION TO COMMUNICATION.—Section 574(a) of cies to obtain the services of neutrals on an the same recourse for reckless piloting of title, 5, United States Code, is amended in expedited basis.’’; and boats on our waters as any victim of a acci- the matter before paragraph (1) by striking (2) in subsection (e) by striking ‘‘on a ros- dent in a car. This important legislation would ‘‘any information concerning’’. ter established under subsection (c)(2) or a extend the bankruptcy law that pertains to op- (b) ALTERNATIVE CONFIDENTIALITY PROCE- roster maintained by other public or private erators of motor vehicles to operators of boats DURES.—Section 574(d) of title 5, United organizations, or individual’’. States Code, is amended— and aircraft. This is a matter of fairness. SEC. 8. PERMANENT AUTHORIZATION OF THE AL- (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and While some bankruptcy courts have used a TERNATIVE DISPUTE RESOLUTION (2) by adding at the end thereof the follow- PROVISIONS OF TITLE 5, UNITED broad interpretation of the motor vehicle to in- ing new paragraph: STATES CODE. clude operators of aircraft and boats in cases ‘‘(2) To qualify for the exemption estab- The Administrative Dispute Resolution of injury or death to others due to intoxication, lished under subsection (j), an alternative Act (Public Law 101–552; 104 Stat. 2747; 5 some have not. In order to ensure justice to confidential procedure under this subsection U.S.C. 581 note) is amended by striking sec- the victims of boating accidents and their fami- may not provide for less disclosure than the tion 11. lies we must pass this measure today. confidential procedures otherwise provided SEC. 9. AUTHORIZATION OF APPROPRIATIONS. under this section.’’. (a) IN GENERAL.Subchapter IV of chapter 5 We must send a strong message to boat (c) EXEMPTION FROM DISCLOSURE BY STAT- operators: If you drink and operate a boat you of title 5, United States Code, is amended by UTE.—Section 574(j) of title 5, United States adding at the end thereof the following new are going to face the same harsh punishment Code, is amended by striking ‘‘This section’’ section: that you would if you drink and drive. I strong- and inserting ‘‘This section (other than sub- ‘‘§ 584. Authorization of appropriations ly support this bill and urge its immediate section (a))’’. ‘‘There are authorized to be appropriated adoption. SEC. 4. AMENDMENT TO REFLECT THE CLOSURE OF THE ADMINISTRATIVE CON- such sums as may be necessary to carry out Mr. GEKAS. Mr. Speaker, I yield the purposes of this subchapter.’’. back the balance of my time. FERENCE. (a) PROMOTION OF ADMINISTRATIVE DISPUTE (b) TECHNICAL AND CONFORMING AMEND- The SPEAKER pro tempore. The RESOLUTIONS.—Section 3(a)(1) of the Admin- MENT.—The table of sections for chapter 5 of question is on the motion offered by istrative Dispute Resolution Act (5 U.S.C. 581 title 5, United States Code, is amended by in- the gentleman from Pennsylvania [Mr. note; Public Law 101–552; 104 Stat. 2736) is serting after the item relating to section 583 GEKAS] that the House suspend the amended by striking ‘‘the Administrative the following: rules and pass the bill, H.R. 234, as Conference of the United States and’’. ‘‘584. Authorization of appropriations.’’. amended. (b) COMPILATION OF INFORMATION.— The SPEAKER pro tempore. Pursu- The question was taken; and (two- (1) IN GENERAL.—Section 582 of title 5, ant to the rule, the gentleman from United States Code, is repealed. Pennsylvania [Mr. GEKAS] and the gen- thirds having voted in favor thereof) (2) TECHNICAL AND CONFORMING AMEND- tleman from Rhode Island [Mr. REED] the rules were suspended and the bill, MENT.—The table of sections for chapter 5 of as amended, was passed. title 5, United States Code, is amended by will each be recognized for 20 minutes. A motion to reconsider was laid on striking the item relating to section 582. The Chair recognizes the gentleman the table. (c) FEDERAL MEDIATION AND CONCILIATION from Pennsylvania [Mr. GEKAS]. SERVICE.—Section 203(f) of the Labor Man- Mr. GEKAS. Mr. Speaker, I yield my- f agement Relations Act, 1947 (29 U.S.C. 173(f)) self such time as I may consume. is amended by striking ‘‘the Administrative Mr. Speaker, I rise in support of H.R. MESSAGE FROM THE PRESIDENT Conference of the United States and’’. 2977 and urge its adoption by the A message in writing from the Presi- SEC. 5. AMENDMENTS TO SUPPORT SERVICE House. The Administrative Dispute dent of the United States was commu- PROVISION. Resolution Act was signed into law by nicated to the House by Mr. Edwin Section 583 of title 5, United States Code, President Bush back in 1990. From Thomas, one of his secretaries. is amended by inserting ‘‘State, local, and tribal governments,’’ after ‘‘other Federal what we were able to discern over the f agencies,’’. 5 years of its operation, it did a world SEC. 6. AMENDMENTS TO THE CONTRACT DIS- of good. b 1530 PUTES ACT. This administrative resolution syn- Section 6 of the Contract Disputes Act of drome is one in which Federal agencies ADMINISTRATIVE DISPUTE 1978 (41 U.S.C. 605) is amended— are given an additional tool to try to RESOLUTION ACT OF 1996 (1) in subsection (d) by striking the second settle disputes that might arise be- Mr. GEKAS. Mr. Speaker, I move to sentence and inserting: ‘‘The contractor tween agencies or between an agency shall certify the claim when required to do suspend the rules and pass the bill so as provided under subsection (c)(1) or as and a contractor, shall we say, a gov- (H.R. 2977) to reauthorize alternative otherwise required by law.’’; and ernment contractor, or a private citi- means of dispute resolution in the Fed- (2) in subsection (e) by striking the first zens group, or anyone who runs into eral administrative process, and for sentence. and becomes embroiled in a dispute other purposes, as amended. SEC. 7. AMENDMENTS ON ACQUIRING NEUTRALS. with a Federal agency. Hence, the ad- The Clerk read as follows: (a) EXPEDITED HIRING OF NEUTRALS.— ministrative procedure that was set up June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5787 by the bill that we have referred to So what has been utilized over the Amending the Federal Property and Admin- would set up a procedure for that pur- past has been the opt-out provision, istrative Services Act (41 U.S.C. 253(c)(3)(C) pose. that if we do come to a kind of an arbi- and 10 U.S.C. 2304(c)(3)(C)) to clarify that Well, this authority ran out in Octo- tration conclusion, then government agencies may use expedited procurement pro- ber of last year. We in the Subcommit- will have the right within a certain pe- cedures when hiring neutral third parties for tee on Commercial and Administrative riod of time to opt out, not to be bound ADR proceedings. Law held an oversight hearing in De- by that decision, thus preserving the The bill amends 5 U.S.C. 583 to authorize cember 1995, and I speak for the gen- constitutionality of the agency rep- agencies to use the services and facilities of tleman from Rhode Island, both he and resenting the U.S. Government who State, local, and tribal governments in order to I were sufficiently impressed with the could not delegate this kind of duty. implement the ADR Act. cost saving and efficiency displayed in The penalty for that would be, The bill amends the Contract Disputes Act the various mechanisms employed by though, that some of the costs and to require that contract claims only in excess the Administrative Dispute Resolution other costs could be garnered by the of $100,000 be certified in order to facilitate Act that we, almost on the spot, re- disaffected other parties, but at least the use of ADR. endorsed the concept of having these the governmental constitutional safe- H.R. 2977 broadens the definition of ``alter- agencies being able to filter out dis- guard would remain in place. What we native means of dispute resolution'' to include putes of this type before they should have done in this legislation is to pre- the use of ombudsmen, while at the same reach a court jurisdiction. So we pro- serve in some fashion the opt-out pro- time striking from that definition ``settlement ceeded to work together, and the prod- vision, thus not facing the constitu- negotiations'' which was not deemed particu- uct that we have before us today is one tional problems that this issue raises. larly useful. in which we co-worked and co-au- We also straightened out some items The bill strikes language in current law that thored, as it were. on confidentiality, and all-in-all have requires an alternative means of dispute reso- One of the phenomena that makes it improved the concept to a degree that lution must be a procedure that is ``in lieu of even more important for us to pass this we feel comfortable in presenting it to an adjudication as defined in section 551(7) legislation was the phasing out of the floor and having the gentleman [of the Act]''. This amendment would broaden ACUS, the Administrative Conference from Massachusetts hurry us up to the possibilities for and encourages the use of of the United States, which had during complete the process. ADR. its lifetime covered some of the mecha- And so we offer our thanks to every- The bill deletes the exemption from ADR for nisms which now are more fully em- one who helped prepare the legislation. the settlement of employee grievance pro- ployed by what we propose to do here Mr. Speaker, I rise in support of H.R. 2977 ceedings specified under 5 U.S.C. 2302 and today. and urge its adoption by the House. 7121(c), thus allowing parties to voluntarily But I would mention some of the im- The Administrative Dispute Resolution Act use ADR to resolve employment related dis- provements that we have fashioned in [ADR] was signed into law by President putes. H.R. 2977 for the purposes of the George W. Bush on November 15, 1990, as It is perhaps appropriate to mention two RECORD: For instance, we amend the Public Law 101±552. It was intended to en- things that are not in the bill and to explain Federal Property and Administrative courage the use of alternative techniques to briefly the committee's rationale for not includ- Services Act to clarify that agencies resolve disputes involving Federal agencies in ing them. The first involves binding arbitration may use expedited procurement proce- the discharge of their regulatory responsibil- as it applies the Government and the second, dures when hiring neutral third parties ities. The law provided explicit authority for which is in the bill to a lesser degree than pro- for some of these proceedings. agencies to engage in ADR and developed a posed by some witnesses, concerns the con- It also amends the law to authorize framework meant to foster it. fidentiality of ADR communications. agencies to use the services and facili- The Subcommittee on Commercial and Ad- With respect to binding arbitration, current ties of State, local, and tribal govern- ministrative Law held an oversight hearing on law contains a so-called opt-out provision that ments in order to implement the ADR December 13, 1995 on the ADR Act, which permits the Government a period of time in Act. That is enlarging the scope of the expired on October 1 of last year. The testi- which to vacate an arbiter's decision or award. capacity to deal agency by agency in mony that was presented before the sub- This procedure was developed in order to solving disputes before they reach a committee, I think, can be characterized as avoid a constitutional problem involving the more hectic state. being uniformly favorable. Representatives of appointments clause of the U.S. Constitution Also, it amends the Contract Dis- agencies, ADR practitioners and a corporate identified by then Assistant Attorney General putes Act to require that contract counsel all testified to savings attributable to William Barr in testimony before this sub- claims only in excess of $100,000 be cer- the use of ADR techniques. Savings not only committee in 1990. tified in order to facilitate the use of in time but also in considerable money, both Mr. Barr expressed concern that straight ADR, and also a provision that broad- to the Government and to private citizens and binding arbitration would result in the delega- ens the definition of ‘‘alternative businesses. Not only I, but also the ranking tion of significant executive authority to individ- means of dispute resolution’’ to include minority member, were impressed and per- uals not chosen in accordance with the afore- the use of ombudsmen, while at the suaded that a procedure that can facilitate mentioned clause. The Congress responded same time striking from that defini- such savings deserves to be reimplemented by adopting the compromise procedure con- tion ‘‘settlement negotiations,’’ which with whatever improvements have either been tained in current law which gives an agency a was not deemed particularly useful, made necessary by time or will help effectuate period of time in which to ratify or vacate the and so on. even further savings. arbiter's award but also provides the assess- It does some other improvements, Therefore, the gentleman from Rhode Island ment of costs against the Government in the and I will ask that these remarks be and I introduced this bill in a bipartisan spirit event that the award is vacated by an agen- made a part of the RECORD so we will of cooperation attempting to focus attention on cyÐthis to serve as a disincentive for such an fully cover it, but I do wish to cover the most important areas of agreement and action. just one other little dispute that we re- calculated to encourage the most expeditious Repeal of this provision was suggested dur- solved in a gentlemanly and bipartisan passage of this legislation. ing testimony by the witness from the Depart- fashion. The bill makes a variety of changes to cur- ment of Justice and may ultimately be a part There was a dispute as to whether we rent law principally of a minor and technical of legislation in the other body. However, con- should allow binding arbitration when, nature to reflect things that have occurred cern was expressed by members at the sub- let us say, a Federal agency became in- since the ADR Act was first signed into law, committee's hearing, which I chair, that this volved with a Federal contractor. If we for instance, the discontinuation of the Admin- would too abruptly reverse a decision the Con- had a binding arbitration conclusion, it istrative Conference of the United States, gress had made little more than 5 years ear- would mean that this would be binding which formerly had a primary role in promoting lier and which had been motivated by constitu- on the Federal Government. Then the the act. But before ACUS went out of exist- tional concerns significant and persuasive dispute arose, can the Federal Govern- ence, it offered several recommended im- enough to convince us to fashion a mecha- ment constitutionally surrender its de- provements to the act, some of which are in- nism to allay them. There are also policy impli- cisionmaking to a nonelected official, cluded in H.R. 2977. cations regarding accountability for the control thus bringing in a whole gamut of con- Improvements to current law proposed by of government spending inherent in binding ar- stitutional questions. H.R. 2977, include: bitration that should be considered. I felt, and H5788 CONGRESSIONAL RECORD — HOUSE June 4, 1996 the gentleman from Rhode Island does also, excellent testimony at our hearing on It enhances the confidentiality provi- that this issue deserves more discrete consid- the benefits and savings that accrue sions. Currently, section 574 of the act eration. Therefore, H.R. 2977 retains current from the use of alternative dispute res- prohibits third-party neutrals and par- law. olution. ties to the dispute from disclosing With respect to confidentiality, several wit- For example, Joseph McDade, a dep- communications during an ADR pro- nesses testified at the hearing that the con- uty dispute resolution specialist from ceeding, with limited exceptions. These fidentiality protections in the ADR Act should the Air Force testified before the Sub- communications are not necessarily be broadened in order to facilitate and encour- committee on Commercial and Admin- exempt from disclosure under the Free- age its use. Both the gentleman from Rhode istrative Law that the Air Force had dom of Information Act. In particular, Island and I agree that reasonable steps used ADR to resolve more than 1,000 ci- the lack of an FOIA exemption may should be taken to encourage resort to dispute vilian personnel disputes, with a settle- serve as an incentive to hire private resolution techniques which have been shown ment rate close to 80 percent. Like- neutrals who are not subject to FOIA, to be effective at saving money and avoiding wise, 53 Air Force contracting cases rather than Government neutrals. Ac- litigation. Broadening confidentiality protections have gone through ADR, and all have cording to the testimony of the Federal would foster an atmosphere in which parties to been resolved. The Air Force has begun Mediation Conciliation Service, this is the ADR process could exchange views in a adding ADR clauses to contracts, to a particular problem for Government spirit of candor and would also encourage the ensure that disputes do not drive up ac- agencies, like FMCS, that furnish em- use of Government neutrals where appro- quisition costs. ployees as neutrals for proceedings in- priate. According to a report of the Adminis- volving other Federal agencies, since The by-play between the ADR Act and the trative Conference of the United their neutrals notes, unlike the notes Freedom of Information Act [FOIA] has been States, the Department of Labor used of private sector neutrals, may be sub- of concern in this process, creating something mediation to resolve violations of labor ject to FOIA disclosure. The commit- of an anomaly, that is disclosure of information or workplace standards in the Philadel- tee bill provides that the memoranda, phia region. Eighty-one percent of the relating to ADR communications by both par- notes, or work product of the neutral, cases were settled, usually in a single ties and neutrals is generally prohibited but is are exempt from disclosure under session, with a cost savings of 7 to 11 discoverable through FOIA. According to testi- FOIA. Exempting these communica- percent per case. The cases were re- mony, this has been a particular problem tions from FOIA does not diminish the solved months faster than they would when the Government is a neutral and it often amount of information that would oth- have been otherwise. discourages the use of government neutrals. The FDIC and RTC have mediated erwise be available to the public if a One solution might be to simply exempt disputes among failed financial institu- neutral were not employed. A careful ``dispute resolution communications'' which are tions and saved millions in legal fees— balance must be struck between the ``generated by or provided to an agency or over $13 million in estimated legal need for confidentiality in the ADR neutral'' from the disclosure requirements of costs for the FDIC, and over $115 mil- process and the basic purpose underly- FOIA if they may not be disclosed under the lion for the RTC. The Departments of ing FOIA, that openness in Govern- ADR Act. But the gentleman from Rhode Is- Health and Human Services and Edu- ment is essential to accountability. land and I are aware that there is legitimate cation have used ADR in grant audits The committee was reluctant to ex- concern that this may be too broad a solution and disputes. ADR is being used in- pand the exemption from ADR Act and H.R. 2977 proposes instead an exemption creasingly in enforcement disputes. should not be used as a shield to hide from FOIA only to apply to the Government The Attorney General recently di- documents that otherwise would be when it acts as a neutral. This doubtless will rected all civil litigation components available to the public. The principles not please those who feel that the ADR pro- within the Department of Justice to of Government openness and account- ceeding would operate best if surrounded by develop ADR case selection criteria ability underlying FOIA are vital to confidentiality, but on the other hand I think it and is requiring ADR training for all the functioning of a democratic soci- is best to proceed with caution in this area civil litigation attorneys. ety. and I think the bill represents that cautious ap- While agencies inherently have the When the ADR Act was first enacted proach. authority to use ADR techniques, tes- in 1990, the Federal Government lagged As I noted, this legislation was developed in timony received by the subcommittee well behind the private sector and the the best spirit of bipartisan cooperation which indicate that the expiration of the courts in using alternative dispute res- I hope bodes well for its expeditious consider- ADR Act has caused confusion and dis- olutions. Since then, almost every ation. I urge support from the Members. ruption in the field. The act provides a agency has experimented with consen- Mr. Speaker, I reserve the balance of necessary framework for government- sus based dispute resolution tech- my time. wide ADR, as well as important incen- niques. Now, the Federal Government Mr. REED. Mr. Speaker, I yield my- tives for promoting its use. The ADR has the opportunity to become a leader self such time as I may consume, and I Act sets uniform governmentwide in making dispute resolution easier, rise in support of this legislation. standards for the use of ADR, provides cheaper, and more effective. Mr. Speaker, I just wanted to say the confidentiality protections that are Mr. Speaker, I urge an ‘‘aye’’ vote on how pleased I was to be able to work on necessary for a full and candid ex- this legislation. this legislation with the subcommittee change between the parties, and pro- Mr. Speaker, I reserve the balance of chairman, the distinguished gentleman vides the authority to hire neutrals as my time. from Pennsylvania, and I commend the well as to use donated neutrals and Mr. GEKAS. Mr. Speaker, I yield chairman for his fine work here today. space for ADR. such time as he may consume to the The legislation before us today will This legislation permanently reau- gentleman from Pennsylvania [Mr. permanently reauthorize the Adminis- thorizes the act and makes several im- CLINGER]. trative Dispute Resolution Act. portant improvements: Mr. CLINGER. Mr. Speaker, I thank We are all concerned with reducing It expands the range of cases that the gentleman for yielding time, and I litigation. The use of alternative dis- can be referred to ADR by eliminating would ask if he would engage in a col- pute resolution techniques—techniques the exemptions for certain types of loquy with me. designed to resolve conflicts consen- workplace related disputes so employee Mr. Chairman, am I correct that H.R. sually, generally with the assistance of grievances and discrimination cases 2977 does not include any language to a neutral third party—can lower the under civil rights laws may, with the remove from the district courts the so- tremendous costs and ease the delays consent of the employee, be referred to called Scanwell bid protest jurisdic- of Government litigation. This benefits ADR. The general provisions of section tion? the Government, as well as business 572(b), which establishes criteria for Mr. GEKAS. Mr. Speaker, will the and private parties. identifying cases where ADR is not ap- gentleman yield? The original ADR Act got agencies propriate, would still apply. Mr. CLINGER. I yield to the gen- started on the road of using mediation, It makes the procedure more user tleman from Pennsylvania. arbitration, negotiation, and other friendly by streamlining the acquisi- Mr. GEKAS. Mr. Speaker, the gen- methods to resolve disputes. We heard tion process for hiring mediators. tleman is correct. It was our intent June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5789 that this bill not include any language ‘‘(2) No gift may be accepted— for election, or election, to Federal or State regarding removal of Scanwell jurisdic- ‘‘(A) that attaches conditions inconsistent office; tion from the district courts. We would with applicable laws or regulations; or ‘‘(ii) the term ‘authorized committee’ means any political committee designated in hope and urge our colleagues in the ‘‘(B) that is conditioned upon or will re- quire the expenditure of appropriated funds writing by a candidate as authorized to re- other body not to use legislation reau- that are not available to the Office of Gov- ceive contributions or make expenditures to thorizing the ADR Act for such a pur- ernment Ethics. promote the nomination for election, or the pose. ‘‘(3) The Director shall establish written election, of such candidate, or to explore the Mr. CLINGER. I thank the chairman, rules setting forth the criteria to be used in possibility of seeking nomination for elec- and I appreciate his intentions on this determining whether the acceptance of con- tion, or the election, of such candidate, ex- cept that a political committee that receives issue. As he knows, Congress recently tributions of money, services, use of facili- ties, or personal property under this sub- contributions or makes expenditures to pro- made sweeping, extensive reforms to mote more than 1 candidate may not be des- the Federal procurement system and section would reflect unfavorably upon the ability of the Office of Government Ethics, ignated as an authorized committee for pur- the administrative bid protest forms. or any employee of such Office, to carry out poses of subparagraph (A); These reforms are only now really its responsibilities or official duties in a fair ‘‘(iii) the term ‘national committee’ means being implemented, and I am con- and objective manner, or would compromise the organization which, by virtue of the by- cerned that the system be given full the integrity or the appearance of the integ- laws of a political party, is responsible for rity of its programs or any official involved the day-to-day operation of such political opportunity to absorb the recently en- party at the national level; in those programs.’’. acted changes before there is any fur- ‘‘(iv) the term ‘national Federal campaign ther disruption in the system. SEC. 3. EXTENSION OF AUTHORIZATION OF AP- committee’ means an organization that, by Mr. GEKAS. I thank the gentleman PROPRIATIONS. virtue of the bylaws of a political party, is The text of section 405 of the Ethics in established primarily for the purpose of pro- for his comments. We too have these Government Act of 1978 (5 U.S.C. App. 5) is concerns and understand the need to viding assistance, at the national level, to amended to read as follows: ‘‘There are au- candidates nominated by that party for elec- review the Scanwell issue before mov- thorized to be appropriated to carry out this tion to the office of Senator or Representa- ing forward on further changes. We in- title such sums as may be necessary for each tive in, or Delegate or Resident Commis- tend to hold hearings in the future to of fiscal years 1997 through 1999.’’. sioner to, the Congress; review whether eliminating bid protest SEC. 4. REPEAL AND CONFORMING AMEND- ‘‘(v) the term ‘State committee’ means the jurisdiction from the Federal district MENTS. organization which, by virtue of the bylaws courts is appropriate. (a) REPEAL OF DISPLAY REQUIREMENT.—The of a political party, is responsible for the Mr. Speaker, I have no further re- Act entitled ‘‘An Act to provide for the dis- day-to-day operation of such political party play of the Code of Ethics for Government at the State level; quests for time, and I yield back the Service,’’ approved July 3, 1980 (5 U.S.C. 7301 ‘‘(vi) the term ‘political party’ means an balance of my time. note), is repealed. association, committee, or organization that Mr. REED. Mr. Speaker, I have no (b) CONFORMING AMENDMENTS.— nominates a candidate for election to any further requests for time, and I yield (1) FDIA.—Section 12(f)(3) of the Federal Federal or State elected office whose name back the balance of my time. Deposit Insurance Act (12 U.S.C. 1822(f)(3)) is appears on the election ballot as the can- The SPEAKER pro tempore (Mr. amended by striking ‘‘, with the concurrence didate of such association, committee, or or- of the Office of Government Ethics,’’. ganization; and UPTON). The question is on the motion ‘‘(vii) the term ‘State’ means a State of the offered by the gentleman from Penn- (2) ETHICS IN GOVERNMENT ACT OF 1978.—(A) The heading for section 401 of the Ethics in United States, the District of Columbia, the sylvania [Mr. GEKAS] that the House Government Act of 1978 is amended to read Commonwealth of Puerto Rico, and any ter- suspend the rules and pass the bill, as follows: ‘‘ESTABLISHMENT; APPOINTMENT OF ritory or possession of the United States.’’. H.R. 2977, as amended. DIRECTOR’’. SEC. 6. PAY LEVEL. The question was taken; and (two- (B) Section 408 of such Act is amended by Section 207(c)(2)(A)(ii) of title 18, United thirds having voted in favor thereof) striking ‘‘March 31’’ and inserting ‘‘April States Code, is amended by striking ‘‘level V 30’’. of the Executive Schedule,’’ and inserting the rules were suspended and the bill, ‘‘level 5 of the Senior Executive Service,’’. as amended, was passed. SEC. 5. LIMITATION ON POSTEMPLOYMENT RE- The SPEAKER pro tempore. Pursu- A motion to reconsider was laid on STRICTIONS. ant to the rule, the gentleman from the table. Section 207(j) of title 18, United States Code, is amended by adding at the end the Florida [Mr. CANADY] and the gen- f following new paragraph: tleman from Massachusetts [Mr. OFFICE OF GOVERNMENT ETHICS ‘‘(7) POLITICAL PARTIES AND CAMPAIGN COM- FRANK] will each be recognized for 20 MITTEES.—(A) Except as provided in subpara- AUTHORIZATION ACT OF 1996 minutes. graph (B), the restrictions contained in sub- The Chair recognizes the gentleman sections (c), (d), and (e) shall not apply to a Mr. CANADY of Florida. Mr. Speak- from Florida [Mr. CANADY]. er, I move to suspend the rules and communication or appearance made solely on behalf of a candidate in his or her capac- GENERAL LEAVE pass the bill (H.R. 3235) to amend the Mr. CANADY of Florida. Mr. Speak- Ethics in Government Act of 1978, to ity as a candidate, an authorized committee, a national committee, a national Federal er, I ask unanimous consent that all extend the authorization of appropria- campaign committee, a State committee, or Members may have 5 legislative days tions for the Office of Government Eth- a political party. within which to revise and extend their ics for 3 years, and for other purposes. ‘‘(B) Subparagraph (A) shall not apply to— remarks on H.R. 3235, the bill under The Clerk read as follows: ‘‘(i) any communication to, or appearance consideration. H.R. 3235 before, the Federal Election Commission by The SPEAKER pro tempore. Is there a former officer or employee of the Federal Be it enacted by the Senate and House of Rep- objection to the request of the gen- Election Commission; or resentatives of the United States of America in ‘‘(ii) a communication or appearance made tleman from Florida? Congress assembled, by a person who is subject to the restrictions There was no objection. SECTION 1. SHORT TITLE. contained in subsections (c), (d), or (e) if, at b 1545 This Act may be cited as the ‘‘Office of the time of the communication or appear- Government Ethics Authorization Act of ance, the person is employed by a person or Mr. CANADY of Florida. Mr. Speak- 1996’’. entity other than— er, I yield myself such time as I may SEC. 2. GIFT ACCEPTANCE AUTHORITY. ‘‘(I) a candidate, an authorized committee, consume. Section 403 of the Ethics in Government a national committee, a national Federal Mr. Speaker, I rise in support of H.R. Act of 1978 (5 U.S.C. App. 5) is amended— campaign committee, a State committee, or 3235, the Office of Government Ethics (1) by inserting ‘‘(a)’’ before ‘‘Upon the re- a political party; or Authorization Act of 1996, which reau- quest’’; and ‘‘(II) a person or entity who represents, thorizes the Office of Government Eth- (2) by adding at the end the following: aids, or advises only persons or entities de- ics for a period of 3 years. The Office of ‘‘(b)(1) The Director is authorized to accept scribed in subclause (I). Government Ethics was established in and utilize on behalf of the United States, ‘‘(C) For purposes of this paragraph— any gift, donation, bequest, or devise of ‘‘(i) the term ‘candidate’ means any person 1979 as the entity within the Office of money, use of facilities, personal property, who seeks nomination for election, or elec- Personnel Management to administer or services for the purpose of aiding or facili- tion, to Federal or State office or who has executive branch policies relating to fi- tating the work of the Office of Government authorized others to explore on his or her be- nancial disclosure, employee conduct, Ethics. half the possibility of seeking nomination and conflict of interest laws. H5790 CONGRESSIONAL RECORD — HOUSE June 4, 1996 Congress authorized funding for the of such authority. After the Director utive Service level 4 employee to an Office of Government Ethics in 1983 and promulgate regulations establishing a amount above that of an Executive 1988. The most recent authorization ex- set of criteria governing gift accept- Level 5 position. The result of this ex- pired on October 1, 1994. H.R. 3235 reau- ance, these regulations will serve as a ecutive order is the unintended con- thorizes the Office of Government Eth- source of model guidance to be used by sequence of Senior Executive Service ics through fiscal year 1999. departments and agencies. level 4 employees being subject to post- The system of ethics in Government H.R. 3235 also adds a new limitation employment restrictions originally in- enacted by Congress is designed to en- on post-employment restrictions. This tended only for Senior Executive Serv- sure that executive branch decisions provision will allow campaign related ice level 5 and 6 employees. are neither tainted nor appear to be communications by former government Mr. Speaker, the Committee on the tainted by any questions of conflict of officials which are currently prohib- Judiciary reported H.R. 3235 by voice interest on the part of the employees ited. Currently former Members, staff, vote. H.R. 3235 is the product of the involved in those decisions. The Ethics and certain executive branch employ- combined efforts of the majority and in Government Act states that the Of- ees are subject to a blanket 1-year pro- minority in the Judiciary Committee fice of Government Ethics is respon- hibition on communications to Mem- with the significant input of the ad- sible for providing overall direction of bers, staff, or the employee’s former ministration and the Office of Govern- executive branch policies relating to executive branch agency, where the in- ment Ethics. I would particularly like preventing conflicts of interest on the tent of the communication is to influ- to thank the gentleman from Massa- part of officers and employees of any ence the actions that individual’s chusetts [Mr. FRANK], the ranking executive branch agency. Over time, former office. However, those individ- member of the Subcommittee on the the responsibilities of the office have uals who wish to take a leave of ab- Constitution, for his work on this leg- expanded by statute and executive sence or resign from an office to work islation. order to include providing interpretive on a campaign are prohibited from guidance on, and administrative sup- making anything more than ministe- Mr. Speaker, I reserve the balance of port for a number of additional require- rial communications with their former my time. ments related to employee conduct. office. Mr. FRANK of Massachusetts. Mr. These functions comprise the ethics in The purpose of the existing 1-year Speaker, I yield myself less time than government program of the executive cooling-off period is to prohibit an in- anyone else has taken today to express branch. dividual from pecuniary gain as a re- my appreciation for the gentleman’s Section 2 of the bill under consider- sult of past relationships at that indi- kind remarks, my agreement with the ation authorizes the Director of the Of- vidual’s former office. However, in the substance. fice of Government Ethics to accept case of a leave of absence or resigna- Mr. HORN. Mr. Speaker, the purpose of this gifts on behalf of that agency. Federal tion to work on a campaign, the issue legislation is to provide the reauthorization of departments and agencies are not per- is not one of pecuniary gain from past the Office of Government Ethics and its activi- mitted to accept gifts unless they have office relationships. Instead, the issue ties. This extension and authorization would specific statutory authority to do so. is one of allowing necessary commu- be for 3 years. While the Office of Government Ethics nications integral to any campaign-re- currently has no such authority, 19 ex- lated employment. Therefore, where The Office of Government Ethics serves a ecutive branch agencies and depart- the intention of the former employee is useful function in assisting executive branch ments do have gift acceptance author- to participate in the electoral process officials and employees to assure that they ity. subject to the narrow exception estab- conduct their affairs in an atmosphere free of In testimony before the Subcommit- lished by the protection of this bill, the questions of improper influences on the deci- tee on the Constitution, Director Potts revolving door restrictions of title 18 sionmaking process. stated that the office intends primarily will no longer apply. At a time when the activities of executive to use its government acceptance au- Finally, section 6 of the bill amends branch officials and employees are the subject thority to support its education and section 207(c) of title 18. This amend- of a number of inquiries, the Office of Govern- training program in carrying out the ment is necessary so that Senior Exec- ment Ethics must be aggressive in ensuring office’s training mission. The office utive Service level 4 employees will not that the highest standards of ethical conduct provides multiagency ethics training be subject to the post-employment re- are followed by those the office is designed to sessions for Federal employees at loca- strictions of section 207, which was the serve. tions both in Washington, DC, and intention of the 1989 Ethics in Govern- The Subcommittee on Government Manage- throughout the United States. Often ment Act amendments. Section 6 ment, Information and Technology, which I there is no Federal facility available amends the last clause of the definition chair, also has jurisdiction over this office. We that can provide adequate space and of ‘‘senior’’ official in section 207(c) by will work with Mr. CANADY's subcommittee to services for such training sessions. The tying the basic rate of pay to a level monitor the Office of Government Ethics' ef- gift acceptance authority contained in equal to or greater than that of level 5 fectiveness in the performance of its mandate. H.R. 3235 will allow the Office of Gov- of the Senior Executive Service. This legislation has bipartisan support. It de- ernment Ethics to accept donated non- Section 207(c) of title 18 was amended serves that support. I congratulate Chairman Federal facilities which in the past in 1989 to define ‘‘senior’’ officials in HYDE and Chairman CANADY on their work to have been offered by State and local part as those officials serving in any bring this matter to a vote. governments. position for which the basic rate of pay This gift acceptance authority in- is equal to or greater than that of an Mr. FRANK of Massachusetts. Mr. cludes the requirement that the Direc- employee serving in an Executive level Speaker, I yield back the balance of tor promulgate rules establishing cri- 5 position. In 1989, the definition of my time. teria governing gift acceptance to en- ‘‘senior’’ officials encompassed individ- Mr. CANADY of Florida. Mr. Speak- sure the acceptance of any gift will not uals at levels 5 and 6 of the Senior Ex- er, I yield back the balance of my time. compromise the integrity of the agen- ecutive Service. Mr. SPEAKER pro tempore (Mr. cy’s programs or create unfavorable ap- The change made by section 6 of the UPTON). The question is on the motion bill is necessary because Congress has pearances. It is the intention of the offered by the gentleman from Florida sponsor that these rules will safeguard chosen for purposes unrelated to post- [Mr. CANADY] that the House suspend employment restrictions to freeze the against even the appearance of a con- the rules and pass the bill, H.R. 3235. flict of interest in the acceptance of rates of pay for positions on the Execu- gifts by the Office of Government Eth- tive Level Schedule. The rates of pay The question was taken; and (two- ics. for positions in the Senior Executive thirds having voted in favor thereof) The 19 executive branch agencies and Service are set by the President the rules were suspended and the bill departments that have gift acceptance through executive order. On January 7, was passed. authority are not required currently to 1996, Executive Order 12984 increased A motion to reconsider was laid on prescribe regulations governing the use the basic rate of pay for a Senior Exec- the table. June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5791 SENSE OF CONGRESS THAT SEC- Passage of House Concurrent Resolu- and the summer has just begun. Sixty- RETARY OF AGRICULTURE DIS- tion 181 not only makes sense, it saves two percent of the rangeland in Texas POSE OF REMAINING COMMOD- money. The Federal Government is is rated as being in poor to very poor ITIES IN DISASTER RESERVE currently spending approximately $10 condition and producers are facing $374 Mr. BARRETT of Nebraska. Mr. million a year to store this grain. million in added feed costs for beef Speaker, I move to suspend the rules In my opinion, the Government cows alone due to the deterioration of and agree to the concurrent resolution should not be paying huge storage fees range and pasture lands. Dairy produc- (H. Con. Res. 181) expressing the Sense and holding grain from the market- ers in Texas are facing a possible dou- of Congress that the Secretary of Agri- place when this country is experiencing bling of their normal feed costs due to culture should dispose of all remaining record low grain supplies. the increases in the cost of feed and commodities in the disaster reserve This is an important concurrent reso- hay they depend on for daily milk pro- maintained under the Agricultural Act lution. I thank the leadership for pro- duction. of 1970 to relieve the distress of live- viding its swift consideration. The re- Similar statistics are available from stock producers whose ability to main- lease of this grain across the country other States: State agricultural offi- tain livestock is adversely affected by should provide some temporary relief cials in Oklahoma have indicated the the prolonged drought conditions exist- for our Nation’s livestock sector. possibility of 5,000 to 10,000 producers ing in certain areas of the United Support for the resolution shows that going out of business in that State. States, as amended. this Congress is aware of the severe Kansas is facing their worst wheat crop The Clerk read as follows: disaster taking place in drought re- since the Depression with the 180 mil- H. CON. RES. 181 gions across this country and of course lion bushel harvest—less than half the Resolved by the House of Representatives (the we are willing to use what resources we normal. Senate concurring), That, in light of the pro- have to make the situation just a little There is no opposition to the bill longed drought and other adverse weather bit better. that I am aware of and this should conditions existing in certain areas of the I urge the adoption of House Concur- have very little effect on the normal United States, the Secretary of Agriculture rent Resolution 181. should promptly dispose of all commodities movement of grain because it will in the disaster reserve maintained under sec- Mr. Speaker, I reserve the balance of probably be distributed directly to pro- tion 813 of the Agricultural Act of 1970 (7 my time. ducers outside the normal channels of U.S.C. 1427a) to relieve the distress of live- Mr. STENHOLM. Mr. Speaker, I yield grain merchandising. stock producers whose ability to maintain myself such time as I may consume. I would encourage my colleagues to livestock is adversely affected by the disas- Mr. Speaker, I rise in support of support this resolution. The livestock ter conditions, such as prolonged drought or House Concurrent Resolution 181, sector in our country contributes bil- flooding. which has been introduced by my col- lions of dollars to our economy and if The SPEAKER pro tempore. Pursu- leagues on the Agriculture Committee, we do not take actions to help stem the ant to the rule, the gentleman from Mr. BARRETT and Mr. EMERSON. I ap- liquidation of herds now, we will pay Nebraska [Mr. BARRETT] and the gen- plaud the actions of my colleagues in the price later for rebuilding that in- tleman from Texas [Mr. STENHOLM] this effort and am pleased to join them frastructure. each will be recognized for 20 minutes. in bringing the bill to the House floor Mr. Speaker, I reserve the balance of The Chair recognizes the gentleman this afternoon. my time. from Nebraska [Mr. BARRETT]. I would also like to note that the Mr. BARRETT of Nebraska. Mr. Mr. BARRETT of Nebraska. Mr. Clinton administration has been work- Speaker, I yield myself such time as I Speaker, I yield 1 minute to the gen- ing on a similar effort to make Govern- may consume. tleman from California [Mr. ment-owned feed grain stocks available Mr. Speaker, this concurrent resolu- CUNNINGHAM]. tion expresses a sense of Congress that to hard-pressed livestock producers. Mr. CUNNINGHAM. Mr. Speaker, I the Secretary of Agriculture should I’m certain that Secretary Glickman join in support of this resolution. It is dispose of all remaining commodities will welcome the support shown by this true that we have had a lot of in the disaster reserve. At the present concurrent resolution to continue this droughts, a lot of floods, especially in time, the Commodity Credit Corpora- process. my State of California, where agri- tion is holding approximately 45 mil- There is no doubt that there is a need culture is the No. 1 commodity. But I lion bushels of feed grains, primarily to alleviate the stress facing producers just this weekend spoke to a group of corn, barley, and sorghum. Release of in many parts of this country due to poultry producers, and they also say a this grain should help relieve the dis- the severe drought in the southern large reason for the increase in cost tress to livestock producers who are Plains and flooding and excessive rain- and shortage of grain is that we have adversely affected by the prolonged fall in the northern Plains and eastern given so much grain overseas, in some drought conditions which are existing corn belt. These natural disasters come cases sold it below the price, that our in certain areas of the United States. at a time when grain stocks are at people are now having to pay expensive Mr. Speaker, passage of this House their lowest levels in decades causing prices here in the United States. concurrent resolution calling for the record market prices and cattle pro- For example, the price of chickens is release of Government-owned feed ducers are receiving even less for their going to go up 50 percent because of the grain is very important for several rea- animals than during the Great Depres- cost of the grain. I would urge the pro- sons. First, the drought is causing sion based on inflation-adjusted dol- ducers of this resolution and the com- many areas of our country their worst lars. mittee to take a close look before we natural disaster of this century. Dry The release of this grain would be in sell grain overseas or give it away that areas include Texas, New Mexico, Colo- addition to the actions already taken affects our producers here in this coun- rado, Kansas, Oklahoma, in particular. by the Clinton administration to help try that we need to take a second look In some of those areas, it is now being alleviate the stress in the livestock and at it. I rise in strong support, and I compared to the 1930s dust bowl. Farm- crop sectors. These actions include re- thank my colleagues on both sides of ers who own livestock are being se- lease of conservation reserve program the aisle. verely hit with the drought conditions, acres for haying and grazing, extension Mr. RICHARDSON. Mr. Speaker, New Mex- especially when coupled with the low of noninsured crop disaster assistance ico is the driest that it has been in 101 years. point in the cattle cycle and record program coverage, extension of the People in the West need help from a severe high grain prices. livestock feed program, the release of drought that has devastated New Mexico, The grain in this disaster reserve, additional funds for emergency loans, Texas, Arizona, Nevada, and southern Califor- nearly 45 million bushels, as I said, is advance purchases of beef for the nia. worth approximately $200 million and school lunch program, and export cred- I rise in strong support of this legislation would provide for all the cattle on feed it guarantees for meat. which will offer some relief for ranchers who in these affected States enough feed to In my own State of Texas we are fac- do not have feed for their cattle. feed them for perhaps a little over 2 ing devastation in the livestock and The dry conditions mean no pasture, no weeks. crop sectors in the range of $6.5 billion hay, and a limited amount of grain. H5792 CONGRESSIONAL RECORD — HOUSE June 4, 1996 The shortage of grain on a worldwide basis Sense of Congress that the Secretary of tleman from North Carolina [Mr. has heightened the already disastrous situa- Agriculture should dispose of all re- JONES] is recognized for 5 minutes. tion for ranchers affected by the drought. Be- maining commodities in the disaster [Mr. JONES addressed the House. His cause of a lack of grain, producers in my dis- reserve maintained under the Agricul- remarks will appear hereafter in the trict are being forced to sit back and watch tural Act of 1970 to relieve the distress Extensions of Remarks.] their cattle starve. of livestock producers whose ability to f This legislation will allow the USDA to re- maintain livestock is adversely af- lease 46 million bushels of feed grain that is fected by disaster conditions existing DISCUSSION OF 1997 BUDGET being held in reserves. in certain areas of the United States, The SPEAKER pro tempore. Under Although this resolution is not amendable I such as prolonged drought or flood- the Speaker’s announced policy of May would like to urge the USDA to make this ing.’’. 12, 1995, the gentleman from Hawaii grain available directly to the ranchers in the A motion to reconsider was laid on [Mr. ABERCROMBIE] is recognized for 60 drought affected States who are in need. the table. minutes as the designee of the minor- New Mexico ranchers need this relief now. f ity leader. Mr. BENTSEN. Mr. Speaker, I rise in strong b 1600 Mr. ABERCROMBIE. Mr. Speaker, I support of House Concurrent Resolution 181, wish I could say it was a pleasure to be which directs the Department of Agriculture to GENERAL LEAVE here today, but I intend to discuss the release the national grain reserve. This action Mr. BARRETT of Nebraska. Mr. 1997 budget today. is necessary because of the severe drought Speaker, I ask unanimous consent that Mr. Speaker, you may recall that I conditions being experienced in the Plains and all Members may have 5 legislative analyzed the 1996 budget activity in the Southwest portions of this country. days within which to revise and extend context of an extended debate that Severe drought conditions have stunted the their remarks on House Concurrent took place on this floor, and in the growing season for Texas cotton, wheat, and Resolution 181. other body, and you may recall, Mr. grain farmers. Soil erosion is becoming a criti- The SPEAKER pro tempore (Mr. Speaker, that I invoked Members from cal issue as the dry season is beginning and UPTON). Is there objection to the re- the other body, like Mr. HOLLINGS and summer winds will literally scour fields clean of quest of the gentleman from Nebraska? Mr. DORGAN, covering the full range of nutrient rich topsoil. There was no objection. opinions certainly in the Democratic Texas cattle producers are also being dev- f Party. I indicated in that discussion astated by the drought because it requires that I had in conjunction with the CON- them to buy more feed at a time when prices PERIODIC REPORT ON NATIONAL GRESSIONAL RECORD in 1996 that there are extraordinarily high. Livestock producers in EMERGENCY CAUSED BY LAPSE was no such thing as a balanced budget general are suffering tremendous losses be- OF EXPORT ADMINISTRATION being prepared, let alone put forward in cause the natural forage withered due to lack ACT—MESSAGE FROM THE 1996, and we have the same situation of measurable rainfall. PRESIDENT OF THE UNITED This resolution allows the release of the re- STATES (H. DOC. NO. 104–225) today. Mr. Speaker, I do not doubt that it is serve only if the President declares a natural The SPEAKER pro tempore laid be- very important for Mr. DOLE to resign disaster in the region, which President Clinton fore the House the following message from the Senate to run as citizen and/ has done, or if we pass this concurrent resolu- from the President of the United or candidate DOLE, because I do not tion declaring that such reserves should be re- States; which was read and, together think that in his role as Senator, let leased. with the accompanying papers, without alone majority leader, that he would Without immediate assistance, ranchers will objection, referred to the Committee have the opportunity to have much continue to cull their herds, which will result in on International Relations and ordered credibility in the way of putting for- higher beef prices for consumers once the to be printed. supply is exhausted. Mr. Speaker, this is not ward a balanced budget amendment, simply a rural issue. If prices of feed grain and To the Congress of the United States: let alone putting forward a balanced As required by section 204 of the beef are allowed to fluctuate wildly, all of us budget for 1997. International Emergency Economic will feel the impact at the supermarket. We My fundamental point, Mr. Speaker, Powers Act (50 U.S.C. 1703(c)) and sec- need stable food prices, and this resolution is that the budget that will be pre- tion 401(c) of the National Emergencies sented to us shortly, possibly this can help achieve that goal. I urge the Depart- Act (50 U.S.C. 1641(c)), I transmit here- ment of Agriculture to release this reserve di- week, and be dispatched as quickly as with a 6-month periodic report on the possible, as opposed to 1996, dispatched rectly to the cattle producers and not through national emergency declared by Execu- the Commodity Credit Corporation to speed as quickly as possible because it is not tive Order No. 12924 of August 19, 1994, a balanced budget. the aid directly to where it is needed. to deal with the threat to the national Banks should also be allowed to extend Now, my good friend, my good and security, foreign policy, and economy nonperforming loans without increasing re- dear friend I would say, the gentleman of the United States caused by the serves. Allowing banks the flexibility to assist from Ohio [Mr. KASICH], will come lapse of the Export Administration Act down, and he is an engaging individual. farmers will ensure my State's farmers can of 1979. survive through this drought. When I state my affection and friend- Mr. BARRETT of Nebraska. Mr. WILLIAM J. CLINTON. ship for him, Mr. Speaker, you know THE WHITE HOUSE, June 4, 1996. Speaker, I have no further requests for that it is a feeling that is genuine on time, and I yield the balance of my f my part. I value his friendship and I time. SPECIAL ORDERS have genuine affection for him as an individual, but he has an impossible Mr. STENHOLM. Mr. Speaker, I have The SPEAKER pro tempore. Under task. I grant he is probably the best no further requests for time, and I the Speaker’s announced policy of May one to try to put it forward. yield back the balance of my time. 12, 1995, and under a previous order of As you know, Mr. Speaker, he is an The SPEAKER pro tempore. The the House, the following Members will avuncular person, even as yourself, and question is on the motion offered by be recognized for 5 minutes each. the gentleman from Nebraska [Mr. he will come down on the floor, and f BARRETT] that the House suspend the with his engaging smile and his wit and rules and agree to the concurrent reso- The SPEAKER pro tempore. Under a rhetoric, we will put the best possible lution, House Concurrent Resolution previous order of the House, the gentle- face on the fact that this is not a bal- woman from Hawaii [Mrs. MINK] is rec- 181, as amended. anced budget document. It is not bal- The question was taken; and (two- ognized for 5 minutes. anced for 1997, it most certainly is not thirds having voted in favor thereof) [Mrs. MINK of Hawaii addressed the going to be balanced for the year 2002. the rules were suspended and the con- House. Her remarks will appear here- The reason I am taking the special current resolution, as amended, was after in the Extensions of Remarks.] order time, Mr. Speaker, with the agreed to. f budget, is that given the rules of the The title was amended so as to read: The SPEAKER pro tempore. Under a House it is virtually impossible to have ‘‘Concurrent resolution expressing the previous order of the House, the gen- any kind of lengthy discussion that June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5793 would illuminate for the public and for sorry affair all the way around. None- anxiety about their economic future, the Members exactly what the budget theless, my point here is recounting quite a rhetorical set-to in the first 44 is all about. Most of this takes place in that today is that we will not see that pages. But what do we have then on a hearing room, in the Committee on again, apparently, in 1997. We will go page 44? the Budget hearings, and in staff work through the same series of illusions, Well, it says at the end of each func- that is being done, discussions between using somewhat different numbers, but tion, ‘‘Additional provisions with budg- the House and the other body with re- we will come to a much more rapid etary effects are mentioned.’’ Men- spect to a conference on the budget. conclusion. The reason we will come to tioned, Mr. Speaker. I am going to get Suffice to say, and I will for the the more rapid conclusion is that we into a little more detail. The discus- RECORD, and would be happy to engage, will not have the opportunity this year sions that follow reflect the assump- as I did previously when we discussed to go through—if the gentleman from tions underlying the House Committee the 1996 budget, be happy to engage Michigan would step to the micro- on the Budget’s recommendations con- anyone from the Republican side or phone, I will be happy to yield at an cerning the funding priorities for pro- from the Democratic side, because the appropriate point. grams in each function. budget being prepared from the Demo- Mr. Speaker, if Mr. SMITH will grant The actual changes for the programs cratic side does not balance either. The me just a moment or two more to fall under the authority of the author- difference is that we can count, I can make the fundamental of my case, then izing and appropriating committees count. I will be happy to yield to him. Always with jurisdiction over the programs. As you know, Mr. Speaker, I would a pleasure to see him. In fact, he was b 1615 like to see the budget deficit disappear, one of the few people, as I mentioned Let me explain very briefly, for those but I think we should take a much previously, Mr. Speaker, who was will- Members who may not be fully familiar longer period of time to do it so that ing to engage in a dialog and a col- with the budget process and those we do not endanger the economy. I loquy on the question of the budget, members of the public which may fol- think that, interestingly enough, con- and I value his input and exchange. low the CONGRESSIONAL RECORD on this sidering the labels that are put out As I indicated, Mr. Speaker, in 1996, who may not be totally familiar with about liberal Democrats and conserv- if you will recall, we went through it, once the Committee on the Budget ative Republicans or conservative weeks actually, not just hours or days makes its recommendations, it pro- Democrats and liberal Republicans, of discussion but weeks of discussion, vides through that recommendation a whatever these labels are, that I think and in the course of that discussion I kind of game plan for us in the House the Federal Reserve, Mr. Greenspan’s was on the floor reviewing the budget, and the other body, a game plan for the approach has been that the economy and I will do so again for 1997. My fun- Congress. should be prevented from slipping into damental premise is this, that just as Then the various committees in the either recession or depression or slip- there was only the illusion of a bal- Congress, whether they are authorizing ping into a phase of inflation or anced budget proposal, whether single committees or whether they are appro- hyperinflation. I think the stock mar- year or multiyear, in 1996, there will be priating committees, authorizing ket reflects this. only the illusion presented this year. It meaning the program committees, the The fact is that the growth in the will be strictly for political consump- subject matter committees, and the economy is such that with a judicious tion and will not amount to anything Committee on Appropriations and its approach to deficit cutting, we could worth the paper that it is written on in subcommittees, those who provide the keep the economy robust and reduce such elaborate fashion. money for the functions that are ap- the deficit. This is, in fact, what Presi- I have here, Mr. Speaker, in my hand, proved and authorized, they put the ac- dent Clinton has accomplished. I know and I will not have extensive charts tual numbers and programs behind the this is a source of great distress to down on the floor, I think the report Committee on the Budget rec- those who predicted disaster with the speaks for itself, it is the concurrent ommendations. Clinton budget, as presented in 1992 resolution on the budget, fiscal year So with that in mind, what do we get and 1993, but the fact is that the deficit 1997, a report of the Committee on the to? We hear from Mr. DOLE, Mr. Clin- has been cut considerably both in per- Budget of the House of Representatives ton, Mr. KASICH, Mr. SABO, heartfelt centage terms and in real dollars for 3 to accompany the Congressional Reso- and I will say totally sincere admoni- years running now, something which lution 178 setting forth the congres- tions to us to arrive at a balanced has not happened since the end of sional budget of the United States Gov- budget. Well, as I indicated, I think World War II. ernment for the fiscal years 1997 that can be done. I think it will take a So the President, not having the ben- through 2002, and it has additional mi- lot longer period than 1997 to 2002, and efit of a Congress which is supportive nority and dissenting views. I need only look at the actual budget of him in the majority; that is to say, Now, this document runs some 450- document itself to come up with proof a Republican Congress before him, has plus pagers, 455 pages or so, and it is a of that. accepted the admonition of the major- very interesting document. It takes 44 Let us examine what it actually says ity to utilize the Congressional Budget pages, which is the first 44, takes 44 on page 44 of the budget resolution. Office figures in order to present to the pages to get to the actual budget, when Fiscal year 1997 through 2002, the defi- public the idea of what would con- we actually get to the fiscal year budg- cit starting in 1997 will be—and these stitute numbers sufficient to have a et for 1997. It is preceded on the page 43 are estimates, they could go up or balanced budget. with the end of politics as usual. This, down. We realize that, but this is the In that role; that is to say, of a Presi- I take it, is not exactly an attempt at best guess. And it is an informed guess dent who is faced with a Congress that humor on the part of the Committee on by the Committee on the Budget and wants to balance the budget utilizing the Budget, the Committee on the utilizing the congressional budget fig- the Congressional Budget Office fig- Budget not being known for its sense of ures, and I take them at their word on ures, he accepted that ultimately in humor, other than in the person of, as this. And for conversation’s sake, I will 1996. His priorities were different. As a I said, the aforementioned chair of the agree that these are the numbers that result of the priorities within those Committee on the Budget, but in the are under discussion and upon which priorities were, the President vetoed end of politics as usual, functions by we will vote—$163 billion deficit in 1995; various elements of the budget and the function description, it says, ‘‘The dis- 1996, it was $150 billion. The 1995 figure budget was ultimately settled in a se- cussions that follow describe the budg- was down from the figures previous to ries of confrontations, a series of re- et resolution’s recommended priorities that. You may recall during the last criminations and arguments back and for the fiscal years 1997 through 2002.’’ years of Mr. Bush’s administration, the forth as to who was doing what and Now, it took us 44 pages to get there. figures were 250 and above, between 250 why. We went through everything, including and 300 billion. The number 163 then In the course of events, the Govern- attacking corporate subsidies, eco- was progress. It may be too high for ment was closed on various occasions nomic assumptions of the budget reso- some people but unless you want to lit- and generally it was seen as a kind of lution, the Clinton crunch, Americans’ erally amputate the economy in order H5794 CONGRESSIONAL RECORD — HOUSE June 4, 1996 to achieve a balanced budget, this is I appreciate the gentleman from Ha- Committee on the Budget then to be certainly within the range of accept- waii suggesting that the budget is not able to cite the so-called surplus in the ability. It certainly has been reflected, a true balanced budget in terms of the Social Security fund as a source of pro- that acceptability has been reflected in fact that it does not consider whether viding the funds for balancing the the conservative bodies, if you will, of it is borrowing from the 153 odd trust budget? financial opinion in this country as funds, the large contributor to that Mr. SMITH of Michigan. But I think manifested in the policies of the Fed- lending, of course, is the Social Secu- we should make it clear, this is not Re- eral Reserve and the response of the rity trust fund, but still—— publican or Democrat. It is what every- stock exchange. So we had 163 billion, Mr. ABERCROMBIE. Mr. Speaker, I body has been doing, and so I appre- down considerably from the 250 to 290 had not gotten to that, but as Mr. ciate the opportunity to make people billion plus of previous years; 1996, 150; SMITH knows from our previous discus- aware of the serious nature of Social 1997, the estimate is 147. sion, that is where in fact the money Security. If I just might, 2 weeks ago, This is a deficit I am citing. It is not comes from. We borrow the money to one of the former commissioners of So- something I am making up. I am tak- mask the deficit, do we not? cial Security said that she perceived ing this directly from page 44 under the Mr. SMITH of Michigan. Well, I think that it would be possible sometime in column line deficit/surplus. Either it is there are two things. Technically, if the year 2005, that part of that year a deficit or a surplus. This is the defi- you take all revenues coming into the there would be less money coming into cit. We get deficits in 1998, 1999, the Federal Government and then you sub- Social Security than was required for a year 2000, 2001, going from 147 to 142 to tract what you spend and if that num- payout; in other words, not having 114 to 87 to 39, certainly progress, then ber is a plus or minus, maybe tech- enough money. And so when do we suddenly, as if by magic, Mr. Speaker, nically it is balanced, but honestly, the start and how do we start paying back in the year 2002, we get a plus 3 billion, fact is you are exactly right, which we the money we own Social Security? $3.185 billion. are still continuing to borrow, in the Mr. ABERCROMBIE. I am not an ad- To me it is like watching a television year 2002, $100 billion from the Social vocate of term limits. It all depends on show I saw recently, I think it was Security and other trust funds. whether you and I are here or not. But called the Wonderful World of Magic. Mr. ABERCROMBIE. That year? for some people who are advocating a Mr. SMITH of Michigan. That par- This is the wonderful world of congres- balanced budget and have been casti- ticular year. So we have now amassed sional budgeting. When someone is gating one side or the other over the approximately $500 billion that we have sawed in half, I saw this again, that is lack of a balanced budget and who say borrowed from Social Security and no one of the oldest tricks, sawing a, gen- they are for term limits, they want to way to pay it back. But let us not take pass this budget, they will be gone out erally a young woman in half, we do our eye off of the ball that we are talk- of the Congress. And suddenly, 2005 will not really saw her in half. You have ing about. It seems to me that that be here and they will say, it is not my the illusion of her being sawed in half. ball, in terms of the Federal budget, is fault, I had nothing to do with it. She waves from one end, and the box is cutting spending. We have the ability Is it not our responsibility, if we are split in half and the feet are wiggling in Congress to cut discretionary spend- telling people that this is a balanced at the other end. Then the box is ing. But when you realize that discre- budget and there will be a balanced brought back together again and magi- tionary spending only involves about budget in 2002, that that be meaning- cally she reappears. That knife that one-third of the budget and we have ful, that that not reflect an illusion, went through that body apparently was got about 20 percent that goes to the reflect borrowing for which there is no an illusion. interest on the money that we are bor- payback plan? You and I cannot bor- Well, the deficit cutting knife that is rowing and then almost half of the row. If we say we should run the Gov- going through the deficit here between budget is entitlement spending, so I ernment more like a business or the the years 1997 and 2002 is an illusion. think your example of an illusion that general illusions, we should at least be Because suddenly, she is whole, the somehow magically the budget is going honest about our borrowing. You and I budget is whole, the budget has been to be balanced in these out years is ex- could not borrow money and not have a balanced in 2002. Yet what happens actly that, because will we stick to our payback plan, could we? then between 1997 and the year 2002, we guns and balance the budget? Mr. SMITH of Michigan. I do not have had an accumulated deficit of 528 Mr. ABERCROMBIE. Mr. Speaker, I think we want to pick on the Presi- billion. But magically, after that 528 do not think it is necessary for us to dent, but we want to certainly include billion in increasing deficit has oc- yield back and forth inasmuch as we him in this discussion. Seventy percent curred, suddenly, 528 billion later we have eye contact. I think we can do of his discretionary cuts come in the achieve a $3 billion surplus for that 1 this, with the Chair’s permission, carry last 2 years, that even if he is reelected year. After that the deficit explodes on a conversation, because this is a col- he is not going to be here either. To again. loquy and a conversation. pretend that we are going to do these Mr. Speaker, surely you can see and Would the gentleman agree then that gorgeous things in the last 2 years is surely Members can see and surely the there is no plan stated that I could find not honest and it is not fair. We should public, upon reading this document, in this budget document, I have gone have lower spending every year. will see that this is a game that is through all 450 plus pages, including Mr. ABERCROMBIE. Would the gen- being played, a ballet with the books, a the dissenting opinions, that provides a tleman agree that what is called back budget that is in name, a budget bal- plan for repayment of the money that loading in the last 2 years is not lim- ancing act which is in name only, an is borrowed to achieve this balancing ited to the President’s budget, that it act, yes, but certainly not balanced. of the budget in the year 2002, at least is also reflected in this budget put for- I see the gentleman from Michigan on paper? ward by the majority in the House? [Mr. SMITH] has taken the rostrum Mr. SMITH of Michigan. That is cor- Mr. SMITH of Michigan. Would the down on the floor and I presume would rect. The gentleman is correct on that. gentleman permit me to define what I like to have some discussion. I yield to Since 1986, when we started bringing in see as the difference in those two budg- the gentleman from Michigan. the greater surpluses from Social Secu- ets? The President’s budget says that if Mr. SMITH of Michigan. Mr. Speak- rity and some of the other trust funds, it is not going to balance without the er, I hope we could also carry on a col- such as the Federal retirement trust changes in the welfare and entitlement loquy and make clear to the American fund, a law was passed back in the spendings, we want automatic spending people what is happening on this budg- 1980’s that says any surplus money reductions to come out of discretionary et. When you speak of the young lady automatically goes to the Treasury for spending in those last 2 years. The Re- being sawed in half, I always figured borrowing. I think that is wrong. It is publicans have suggested, in your that was contortions with one whole an incorrect way to be fiscally respon- budget resolution book that you carry, person in each half of the box. I think sible for the future of Social Security that we are going to start changing that contortions on the budget is some- and the other trust funds. those welfare entitlement spending thing that Congress has become accus- Mr. ABERCROMBIE. Would you programs. And that is a gradual transi- tomed to. agree that it is very convenient for the tion so we start with some minor June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5795 spending cuts, and those spending cuts, that the majority has not only very ment in our people as well. That de- by changes in the legislative language, able, but extremely well-informed, ex- serves a discussion. become greater amounts in the out perienced legislators on the Committee I am not saying necessarily a lengthy years. But, yes, both budgets depend on on National Security, of whom I can discussion, but it certainly deserves a those last 2 or 3 years for a significant name two or three right now: Mr. discussion in depth, and perhaps the part of what is going to end up being WELDON, Mr. HUNTER, and Mr. gentleman could indicate whether my called a balanced budget. CUNNINGHAM. I can th1nk of just three understanding is correct, that the in- Mr. ABERCROMBIE. Both budgets offhand. And the minority has people tention of the majority, the intention depend on balloon payments? like Mr. SPRATT. of the majority leader and the Commit- Mr. SMITH of Michigan. Both budg- Mr. DELLUMS, others I could name, tee on Rules is to dispatch this budget ets depend on those out years to ac- Mr. PETERSON of Florida, who are within a day or so of our discussion complish the final goal. I think that equally capable, and equally capable, today. should call to our minds and attention by the way, of defending and rebutting Mr. SMITH of Michigan. Well, I that we should have a gradual sloping on the question of national missile de- think, Mr. ABERCROMBIE, what I will do line. We should get on that glide path fense. is make one more comment. I feel and reduce spending every year for the But the Speaker has said he wants to somewhat guilty using your hour of next 6 years to make sure that we have bring forward a missile bill. Now, I do time—— a balanced budget, not leave it up to not think the Speaker knows any more Mr. ABERCROMBIE. No; not at all. future Congresses in case you and I are about missiles than he knows about Mr. SMITH of Michigan. And doing not here. Hawaiian malasadas, and I do not part of the talking, but it seems to me Mr. ABERCROMBIE. You and I may think he knows much about malasadas, when you mention, when you mention not be here after today. Although I and I will spell that after this is over, having an investment in our children must say that this does show, I think, but take it from me, it is a Portuguese and our grandchildren and in future that this is not so much a question of donut, and I do not think he knows generations, it seems to me that there majority versus minority. It is a ques- much about it. I think Leonard’s is something immoral about the fact tion of whether you want to be honest knows all about it out in Honolulu. that we think our problems today are about it. But that budget, if we are going to so great that we are borrowing the My defense, if you will, of the Presi- talk about spending and welfare, has to money that they have not even earned dent’s approach under this is that the be looked at very hard. The Congres- yet, that somehow we are saying, look, President has accepted, and I will say sional Budget Office, as I understand we are going to borrow the money, and in good faith, the congressional budget it, came up with figures just to acquire our kids and our grandkids are going to numbers as offered by the majority. this defense system, missile system, have to pay it back, our debt today, His difference comes in this, in how he national missile defense, of between $30 like they are not going to have serious prioritizes the spending changes. We and $60 billion. Now, that is a serious problems of their own in the next 20 or can argue that and I think we should question; and we cannot hide behind 30 years. argue it a lot more. the idea that somehow, if you are for So, No. 1, I say it is immoral for us to My fear is, and what I said earlier it, you are for defense, if you are overspend and borrow the money and today was, because it is so difficult to against it, you are against defense, make our grandkids pay for it; No. 2, I understand terms like out years and when you have to put it in terms of say it is dumb economically because whether a surplus is really a surplus what constitutes proper spending under what we are doing now is we have a and those kinds of things, because it is the admonitions that you just enun- Federal Government that borrows 41 so difficult, the majority, I am given to ciated. percent of all the money lent out in the Mr. SMITH of Michigan. Just as a understand, intends to put forward the United States. Alan Greenspan, the footnote, my understanding is they are budget and the amount of discussion chairman of the Fed, said, ‘‘Look, if talking about a program that would be that is going to take place about the you guys balance the budget, you’re closer to $5 billion now, but just for ev- budget, such as you and I are having going to end up with interest rates that erybody I think we should put it in per- right now, will be minimized. In fact, it are 2 percent lower. You’ll see this spective of what the military budget is will be virtually nonexistent. From economy and jobs go like they have in relation to other spending. what I can gather, both sides are ap- never gone before.’’ Yet we, as politi- parently quite content to do that. Al- The military budget, 1 of the 13 ap- propriation bills, is approximately 15 cians, find it difficult not to say ‘‘yes’’ though I would welcome the oppor- to everybody. tunity, if Mr. SOLOMON and the Com- percent of the total Federal budget. Mr. ABERCROMBIE. Well, are you mittee on Rules would agree, to open The welfare entitlement programs are making an argument to vote against up the budget for 3 or 4 or 5 days’ re- approximately 50 percent of the budget. this budget then, because it does not view. I think we need a discussion in our ef- fort to balance the budget, what should balance, as you indicated, and it does b 1630 be the obligations of the Federal Gov- borrow immorally against a future, the Mr. SMITH of Michigan. Do you ernment—— immediate future. agree, Mr. ABERCROMBIE, if I might pre- Mr. ABERCROMBIE. I agree. Mr. SMITH of Michigan. I would say sume to ask you a question, that we Mr. SMITH of Michigan. What is its the first thing I did when I came to should cut spending enough, both dis- priorities and what should we do, and I Congress 3 years ago was introduce my cretionary spending and the welfare en- think the gentleman would agree, own balanced budget. titlement spending, enough so that at whether we are spending $350 or $340 Mr. ABERCROMBIE. I credit you for the end, when we call it a balanced billion, that defense is an absolute re- that. budget, we are no longer borrowing sponsibility of the Federal Govern- Mr. SMITH of Michigan. I balance it from Social Security. ment. in 5 years. I think we should be even Mr. ABERCROMBIE. I not only Mr. ABERCROMBIE. I am sure the more frugal than this Republican budg- agree, but I think we should have an gentleman would agree also that an in- et. I think we should cut more spend- extensive discussion as to what exactly vestment in our children, an invest- ing. I think we should be more aggres- constitutes welfare, what exactly con- ment in the educational infrastructure sive in our determination to end up stitutes discretionary spending, what and foundation, both literal and figu- with what you suggest, a true balanced programs should we have and not have. rative, of our children is equally a na- budget, but it’s the best we have got. For example, my understanding is tional priority and a defense of the Na- Mr. ABERCROMBIE. Let us talk that the Speaker, for some reason un- tion. So what we need is a discussion as about that. known to me, is proposing a defense to what constitutes an actual strategic Mr. SMITH of Michigan. This Repub- act or bill which revolves around na- policy of the United States with re- lican budget is the best one of the tional missile defense. Now, I would spect to procurement of military tech- whole bunch that we have got, cer- say, and I would hope you would agree, nology and what constitutes an invest- tainly much better. H5796 CONGRESSIONAL RECORD — HOUSE June 4, 1996 Mr. ABERCROMBIE. Let us talk appreciative of that. However, I would less we are trying to score political about it just a minute. Would you in- hope, Mr. Speaker, that you would con- points and not deal realistically with dulge me and stay a moment longer be- sider what has been said during this the question of the budget and bal- cause you know I want to catch you up colloquy, which I hope was at least in- ancing it. on the importance of what you are say- formative, if not illuminating, and in Let me further state then at this ing, what I think I understand you to the process then think about what Mr. point a subject that we got into very be saying. SMITH said. briefly; that is to say Mr. SMITH and I You think it is immoral to borrow We know what he would prefer. He got into it very briefly: How do you money that you have no plan to pay would prefer the deficit to disappear balance the budget when you are bor- back for because our kids have to pay more quickly, and the reason that I rowing against Social Security, the so- for it; right? find the notion amusing is I would pre- called surplus in Social Security? And Mr. SMITH of Michigan. Yes. fer to be able to dunk a basketball, but parenthetically, Mr. Speaker, let me Mr. ABERCROMBIE. And this budget I probably would have to pay a lot say that that is not really a surplus. does that over the next 5 years, or more in taxes. But I do not think that What we are doing now is what the av- whatever the timeframe is, approxi- is going to happen. I mean it is an in- erage person thinks about when they mately 5 years, and I asked you then, I teresting thing to think about. In fact, put their savings together. They save said, well, do you think then this is an I thought about it a lot in my life. I now in order to be able to draw upon it argument against this particular budg- look at that basket up there, and I in the future when it is needed. et? And you said, well, no, because you think, you know, it would be interest- Now, the rough parallel to that is the thought maybe you could even be more ing to be able to dunk the ball. But it Social Security System. We are paying harsh. Certainly you did not mean that is a fantasy, and the difference be- into Social Security more than we take there should be greater cuts now and tween, I think, a sane person and some- out presently because we know that in more borrowing. one who is steeped in illusion is to the future those funds will be called Mr. SMITH of Michigan. No; I think know the difference between fantasy upon to be paid out. More people will there should be more cuts. and reality. be drawing upon Social Security with Mr. ABERCROMBIE. Well, either you It is a fantasy, and by Mr. SMITH’s less people paying into it, we will have do the cuts—can you come up with $528 own calculations it is a fantasy, to be- to make adjustments at some point in billion? order to take that into account. Now, Mr. SMITH of Michigan. Can I come lieve that we are really going to bal- ance the budget in 5 years’ time, or 7 presumably the economy will grow, the up—you mean—are you talking about percentage that may be taken in your $500 billion that we owe—— years’ time, because we have not taken into account where we borrowed the Social Security tax, your payroll tax, Mr. ABERCROMBIE. I do not ask you et cetera, may increase in absolute that in a pejorative fashion. I am just money to be able to put the numbers on the page to pretend that we were numbers because the economy grows. trying to take the figure that is here in All of those things can be guessed at, balancing the budget. Or we have imag- the budget because—that is presented taken into account, but nonetheless ined savings that somehow are going to by your party, by the majority party— the general proposition is, is that the because, as I understand this budget, take place like a balloon payment. You notice I mentioned the phrase Social Security trust fund must take they anticipate over the next 5 years a in more money than it pays out as it balloon payment because I think that deficit of $528 billion. So it seemed to goes along in order to be able to meet is as close as the average person would me that you would have to come up, if the requirements that Social Security come to be able to relate their own we are to balance the budget according will have to meet sometime in the next budget, say their own mortgage, to to the—and I accept your premises; I century in the early part of the cen- what is taking place here in the Con- mean I do not think they can be ac- tury. complished, but I accept that you mean gress. If that is the case, and we are borrow- I take no pleasure in going through these premises and you are putting ing from Social Security trust fund and this. On the contrary. I am glad Mr. them forward in good faith. other trust funds, principally Social SMITH was down here so that it does What that would mean in any esti- Security, if we are borrowing from mation is that you would have to come not look at if it is just something I am them and have no plan to pay it back, conjuring up in order to take up time up with a plan, not you personally nec- because I think Mr. SMITH agreed that essarily, but the majority would have or to try and make some remarks that nowhere in the 1997 budget projections to come up with a plan for saving or can be seen as very smart and sophisti- through the next 5 years is there a plan cutting $528 billion and most certainly cated and dismissive of the genuine to pay back Social Security, now, Mr. probably could not have a tax cut—— problem that exists with respect to the Speaker, if you and I borrowed money Mr. SMITH of Michigan. But, see, by deficit. On the contrary. I would take from ourselves and had no plan to pay definition, if you were to cut out that what Mr. SMITH said very much to it back, I do not think either of us 500, that means a balanced budget this heart. would feel that that money somehow year. That means no overspending. And If you recall, if I recall correctly, he would magically appear in the year I think the pickle that we have got stated something: We should do it more 2002. ourselves into by continuing to prom- gradually. Well, say 7 years was gradu- All that being said, Mr. Speaker, the ise more and more people more and ally to him. Well, maybe it would take borrowing, the deficit rising, no plan to more things that we cannot afford, 17. After all, we take 30 years to pay a pay it back to the Social Security Sys- whether it is Social Security or wheth- mortgage on a home. In many in- tem, how then is it possible to claim er it is Medicare or Medicaid or AFDC stances we take 5 or 6 years to pay a that the budget will be balanced in or anything else, we are going to have car, we take some months or even 2002? How is that possible and at the to gradually phase this down. As a con- years to pay off an appliance. It seems same time have a tax cut that will servative that thought we should bal- to me that if we are talking about the take revenues out of the system? ance the budget as a high priority, I economic stability of the United States Does it not make sense to you, Mr. thought we should do it in 5 years. The of America, to put a 30-year timetable Speaker, that if you are borrowing decision was: Let us get the economy or a 15-year timetable on paying down money in order in order to mask a defi- going with tax breaks and do it in 7 our deficit so that our economy stays cit, that if you have a tax cut, which in years. stable, in fact stays robust and grow- fact increases the amount of money So I say OK, but let us take the best, ing, that inflation stays in check, and that will not be going to the Treasury, the most frugal budget that gets us interest rates remain low, and con- in addition to what you are borrowing, closer to the balanced budget, and so fidence high, that that would be an ex- you are actually increasing the deficit? far it is the Republican budget. cellent use of our time vis-a-vis the you are actually increasing the deficit Mr. ABERCROMBIE. Thank you very growth capacity and possibilities of the even more. much. I appreciate it. U.S. economy. This is why I oppose this idea of cut- As usual, Mr. SMITH has been very So there is no need to go through this ting taxes while you say you are bal- forthright in his presentation, and I am kind of a charade with the budget un- ancing the budget. I have no objection June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5797 to a tax cut if the tax cut is not thing, then I think we run into the trarily, as is done in this 1997 budget, couched in terms of balancing the trouble that this budget runs into, that and to think about the idea of cutting budget. Surely we have been through we cannot make the numbers add up. taxes at the same time that you are this before. That is where I think the difficulty oc- trying to achieve a balance in the b 1645 curs here. I would like to think, and I budget and a reduction of the deficit, certainly hope that I am a reasonable more than a reduction, the balancing Mr. Speaker, I have no objection to person who takes his oath as seriously of deficit spending, I think is beyond tax cuts as such. Quite the opposite. I as anyone does in all of the Congress, credibility. would like to see tax incentives. I and I believe every one of my col- I would indicate, Mr. Speaker, be- would like to see, for example, and I leagues and yourself, Mr. Speaker, cause I have had some considerable think it is well known, I believe that takes himself or herself quite seriously time to discuss it, and perhaps not all we should have a business meal enter- when it comes to carrying out their of our colleagues have heard the whole tainment deduction increase. I would duty under their oath of office. discussion, the hypothesis that I am like to see it at 100 percent. I have no As a result of that, I would like to putting forward, the thesis that I am objection to supply-side economics, as think that while we may have disagree- putting forward, is that if you have as such, when we can justify it, deliberate ments as to the precise way in which the budget, and the document I am re- it, and discuss it on an issue-by-issue we can accomplish our goals, that ferring to is the budget of the major- basis. I think that I could make a case nonetheless, the discussion as to how ity, the Committee on the Budget of that the business meal entertainment to arrive at that is not only very valu- the House of Representatives, if we deduction is a job provider, is a job able, but crucial to determining wheth- have, as the Committee on the Budget generator; that we could find labor and er or not we are actually going to ac- indicates, deficits for every year from management on the same side of the complish the goal. The goal here is ul- 1997 through 2001, and then suddenly table on that. I think the spousal de- timately to balance the budget while find a surplus in the year 2002, it is just duction for travel ought to be put for- keeping the economy robust, and to see not credible. Try and sell that in ward as an incentive to boosting the to it that the average American Ravenswood, WV. economy. throughout the spectrum of oppor- I talked with friends there today. I I think we will find, Mr. Speaker, in tunity and individual capacities and said I was going to make a presen- our home States that tourism, enter- abilities does the very best that they tation today. They were interested in tainment, and travel constitute one of can nationwide. That is what we do. what I was going to say, what my the top three business endeavors in our Mr. Speaker, it used to be a point of premises were going to be. I just asked States. Tourism, travel, and entertain- pride in this country that people whether or not this sounded credible, ment is the top money producer and earned a good living, that they could that you could have deficits, declining job generator in some 13 States, and it end up better than where they started. as they might be right up to 2001, and is one of the top three in 30-plus Now we seem to see an ethos develop- suddenly come up with a surplus in States. ing of cost-cutting, which means peo- 2002, and then from 2003 on just watch I am willing, Mr. Speaker, not only ple-cutting. People are being rewarded the deficit expand again. willing but eager, to have a discussion at the top of the corporate hierarchy I hope that we are not going to be about where we can have tax incentives for being able to cut jobs out, and to subject, Mr. Speaker, to Member after and tax breaks, and discuss what con- see to it that people are maligned sim- Member coming to the well of the stitutes, as I said with the gentleman ply for trying to get an increase in the House and regaling us with stories from Michigan previously, what con- minimum wage. about their children and their grand- stitutes welfare. Welfare is not just I do not think this is the atmosphere children and all this mawkish, over- something that comes with a single in which we want to discuss something blown rhetoric about how they are so mother and children. Welfare can come like balancing the budget, because if concerned with their children and to corporations, too. the only way to balance the budget is grandchildren, presumably none of the I notice that Mr. Trump was not to take it on the backs of children or rest of us are, which I find a little bit hurting for people to come to his aid on people trying to better themselves farfetched, but rather, if we are so con- and rescue when he needed all the ben- in life, that is no solution. To me, that cerned about children and grand- efits of corporate welfare, when he was runs counter to my understanding of children, maybe we should be a little running through his various real estate what the American dream is all about. more honest with them right now. machinations in New York and Atlan- So in that context, then, it seems to My fundamental point is this budget tic City and elsewhere. Business has me that what is very important here is does not balance. The budget in 1998 these incentives and breaks all the that we discuss what is actually hap- does not balance. The budget in 1999 time. pening. What actually is happening is does not balance. The budget in 2000, I think individuals ought to be able that the budget is gradually being bal- 2001, it does not balance. How is it to finance their education. We cannot anced, as it should be, without endan- going to balance in 2002? Even if it does exist in the 21st century without a gering the economy. The deficit de- on paper, how long is it going to last? good education, and I think that would clines for the fourth consecutive year Merely the time it takes to say it: ‘‘Oh, be a good investment, if we can find a in 1996. This is the first time it has the budget is balanced’’? Well, it was way to provide tax incentives and happened since the Truman adminis- balanced, because it was balanced when breaks to accomplish that. I think we tration. I am going over some of the I said it, but now we are 3 seconds be- would benefit from that. elements that I have cited before in a yond that time and it is not balanced The argument against that is the im- little more detail. anymore. But we balanced it for that mediate consequences of some incen- The traditional Congressional Budget moment, on paper, just to go through tives and cuts and breaks, whatever we Office baseline projections include dis- that allusion. I do not think it is wor- want to call them, may be a drop in the cretionary spending at caps established thy of this Congress to do it. Treasury. I would argue that. We would in 1993 and show the deficit rising after So, Mr. Speaker, I think if we look at have to determine whether or not, for 1996 and reaching $210 billion in 2002. 1996 and what we went through, we did example, with business meal entertain- This is $18 billion lower than the De- not have a balanced budget but we did ment deductions and the spousal travel cember projection of this year, and $80 manage to cut the deficit. We did man- deduction, if we were able to increase billion lower than April of 1995. In age to cut the rate of the deficit. We that, I think more business would be other words, these numbers can change did hold inflation down. We held steady done, and I could make an argument with the wind, but the wind has to be on interest rates. I think on the whole, that revenues would increase. This is blowing in the right direction. then, the President’s priorities were essentially the supply-side argument The direction of the budgetary wind met. The majority ultimately voted for that took place in the 1980’s. is this: That we have a prudent under- a budget that was more in line with the However, if we take it in such a standing of what it takes to have the President’s priorities, so the President broad brush that it is to cover every- budget balance. To simply do it arbi- is entitled to credit for sticking to a H5798 CONGRESSIONAL RECORD — HOUSE June 4, 1996 position with respect to the rate of the upon statistics and information made your obligations over a period of time, deficit reduction under the premises available to them from their various then you can go forward with the pur- established by the majority in the Con- professional fields and backgrounds in chase of that home and say that you gress, the Republican majority, and it order to complete a picture. In this in- own it. Do you actually own it? No. Be- worked. stance, it is a picture of what the econ- cause the bank owns it. We are going Now the President is coming forward omy is like and what we can expect. to have a mortgage-burning ceremony again, saying that he would like to see This does not mean they are going to perhaps in 30 years. these priorities carried forward on edu- be absolutely correct in every instance, But that bank is making a bet. That cation, on Medicare, on Medicaid and but all individual families, all compa- bank is betting that you have the capa- the environment, and that he has cer- nies, all businesses, all organizations, bility and the capacity to make those tain standards that he desires to main- in fact, all nations, have to utilize the payments for that period of time. tain under pain of exercising his veto. best brains that they have available, Think about it. Twelve times a month That is his constitutional right. In accumulate the most knowledge that for 13 years. That is pretty good guess- fact, it is his obligation as President, they can, and try to draw reasonable ing. Perhaps it bespeaks a knowledge even as President Bush and President conclusions as to what the future of finance and general economic trends Reagan before him exercised the veto might bring so they can make deci- that is fairly reliable. dozens and dozens of times, most of sions. That is all the Congressional Now, that being the case, I think we which we were unable to overcome Budget Office does with respect to the need to do the same thing with this when we were the majority here in the budget. It makes the best estimate budget. Let us not con the American House of Representatives or the major- that it can based upon the premises people into thinking for a moment that ity in the Senate. They prevailed. That that are agreed upon. this document is moving toward bal- is our constitutional system. In this instance, Mr. Speaker, we ancing the budget in the year 2002. It is It is supposed to be hard to pass leg- have agreed upon premises which, by not true. It is not going to happen. islation in the United States of Amer- definition of the budget, do no add up That is irrefutable. ica. What many people call gridlock is to a balance. I have no objection to Mr. SMITH certainly did not refute it. the wheels of government turning pre- passing this budget, Mr. Speaker, with On the contrary, he agreed with my cisely the way the Framers of the Con- the admonition that we should take up premise. It is not going to be balanced stitution intended for them to turn. the President’s disagreement with re- because we do not take into account The Congress of the United States spect to the priorities. I voted for the how we are going to pay for all of the makes policy, yes, but only if it budget previously, and despite my own money that we borrowed to presumably achieve the approbation of the execu- misgivings, so it is not a question of create the illusion of balancing this tive. The executive can prevail against whether we should vote on a budget, it budget. the legislative body only if the execu- is question of what the priorities What we can do is create over time tive can be sustained in the legislative should be. an ability to pay, a robust economy body. We have the judicial side to see I have no objection to saying that that will enable us to gradually draw to it that we both keep a proper bal- this could be a step in the direction of down the amount of the deficit with ance. That is our system. balancing the budget, if we have the prudent spending, with a clear under- Mr. Speaker, I do not find it regret- President’s priorities involved in it. I standing of what programs we want to table in the least that it is difficult to do object to us indicating to the Amer- support and why we want to support pass items like the budget. What I find ican people that somehow this is going them and how they benefit the Amer- regrettable is that we seem to be pass- to lead to a balanced budget, just as I ican people, and over that lengthy pe- ing it so easily this week, Mr. Speaker. object to the idea of going through this riod of time accomplish this goal. That is what bothers me. This is the illusion and farce, which apparently is There is nothing not only wrong with single most important document with going to take place in the other body, that, that is the sensible, practical, respect to the legislative business and about passing a balanced budget reasonable way to do it, because it what follows from it that we will have amendment. The balanced budget maximizes the opportunity for the before us this year. It certainly is the amendment will no more achieve a bal- great mass of American people to join most important piece of legislation be- anced budget than this document does. in the prosperity, to be able to better fore the election which is to take place b in November. As a result, it seems to 1700 themselves in what they want to ac- me we should be devoting considerable This does not achieve a balanced complish for themselves and their fam- time to it. budget, and neither does passing the ily. I appreciate the fact that the gen- balanced budget amendment accom- So I stand here today, Mr. Speaker, I tleman from Michigan [Mr. SMITH] plish anything of the kind, any more do not think a lonely voice or a single came down and was willing to spend than vows in a marriage guarantee voice. I think I stand here enunciating some time discussing it. I think the that there will be happiness and pros- fairly clearly for the American people, import of the arguments that he made perity in it. You can have the inten- and I hope for my colleagues, most cer- essentially supports my position. Of tion, but unless you put behind it the tainly, the idea that we should not uti- course, I can make that statement now activity which will ensure that happy lize the budget process for political because he has left the floor and can- consequence, then you cannot claim purposes merely because there is an not taken an opposing position to that, that it will happen. election, but we should utilize our op- but I think I can extract from what he What I am saying here is if we put portunity with this budget process to said at least a reasonable basis for say- forward a budget that says, yes, we will begin to make progress towards reduc- ing, as I have, and indicate again to cut spending and we will cut spending ing the deficit, coming into balance, you at this moment, that we need to be in a way that will continue to reduce having the economy grow and seeing a much more gradual about it. To that the deficit over time and we hope at robust, prosperous economy for all. degree, the President seems to be tak- some point then to be able to reach Mr. Speaker, inasmuch as there is ing the right approach. He has accepted balance, then that is all right. Not only only a minute left, I want to thank you the will of the majority with respect to is it all right, but that is the right way for your courtesy today in allowing me the premises upon which it bases its to do it. to speak and for sharing this time with balanced budget projections, the Con- I mentioned a mortgage before. Let me. I hope that I have made some con- gressional Budget Office. me draw the analogy for my colleagues tribution today. I intend to, in the fu- It is not necessary for me to explain here and for those who may be inter- ture, towards reviewing the 1997 budget to you, Mr. Speaker, what the Congres- ested in the record. and reviewing the whole question of sional Budget Office is. Suffice it to Just as you are not expected to have the budget deficit, the budget balance say that every legislative body relies cash on hand to buy your house but, proposition, and seeing to it that all upon individuals, experts in their field, rather, you are expected to be able to Americans now and in the future are to make recommendations and to draw make your payments, be able to meet able to enjoy a prosperous future. June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5799 MAKING BUDGET PRIORITIES school lunch programs; we tried to in- they would still quality, but they CLEAR crease the student loan program; and would pay the interest on that part The SPEAKER pro tempore (Mr. we tried to increase Medicaid and Med- that accrues from when they graduate BARRETT of Nebraska). Under the icare. to that 6-month grace period. It is $9 Speaker’s announced policy of May 12, Under our plan last year that was ve- more a month, which is the cost of a 1995, the gentleman from Connecticut toed by the President, we had the pizza or the cost of a movie theater and [Mr. SHAYS] is recognized for 60 min- earned income tax credit, which is a Coke. utes as the designee of the majority presently $19 billion. We sought in the I have no problem telling our young leader. seventh year to increase it to $25 bil- people that they can pay that cost Mr. SHAYS. Mr. Speaker, I appre- lion. when, in fact, it only amounts to $9 a ciate having this opportunity to speak The earned income tax credit is a month. at this special order. I thank you for credit given to those who make money Now, why would we want to do this? presiding. but make so little money that they do Why would we want Medicaid to grow Mr. Speaker, I appreciate also the op- not pay taxes. In fact, they get back an from $89 billion to $127 million, Medi- portunity to listen to the sincere com- earned income tax credit from the tax- care from $178 billion to $209 billions? ments of my colleague from Hawaii. payer. Others who make enough who Hardly a cut. Medicaid growing from Many of his points I agree with. There pay taxes pay some, the working poor, $89 billion to $127 billion, Medicare is area to find common ground, but more money than they earned. That is from $178 billion to $289 billion, the there also, obviously, are major dis- called the earned income tax credit. student loan program from $24 billion agreements. It was said last year when the Presi- to $36 billion, the school lunch program I think sometimes people look at the dent vetoed our plan that we were cut- from $5.2 billion to $6.8 billion, the debate we have on the floor of the ting the earned income tax credit, and earned income tax credit from $19 bil- House and it looks like a food fight in yet the earned income tax credit went lion to $25 billion. Not a cut, but a a high school cafeteria, but there are from $19 billion to $25 billion. Only in slowing of the growth of those pro- significant differences that I think my this Chamber and perhaps in Washing- grams. colleague would agree separate us, and ton when you spend so much more do Why would we want to do it? Because then there are also things that bind us people call it a cut. in the last 22 years our national debt together. Obviously, we care deeply The school lunch program grew from has grown 10 times. It has grown 10 about the future of this country. $5.2 billion to $6.8 billion. I can remem- times in 22 years. It has grown from Mr. ABERCROMBIE. Mr. Speaker, ber seeing the President and some of about $480 billion to $5.1 trillion, $5,100 will the gentleman yield a moment? my Democrat colleagues on the floor of billion, a 10-fold increase. Not a dou- Mr. SHAYS. I yield to the gentleman the House talking about this issue but bling, not a tripling, but a 10-fold in- from Hawaii. going to schools as well. At schools crease in the national debt. Mr. ABERCROMBIE. Mr. Speaker, I they were telling the students that On a per-person share in current dol- just want to state that the gentleman they would not under the plan of the lars, it grew from $1,800 to $18,000. But in the well, Mr. SHAYS is well known new Congress, the Republican Con- even if we do it in constant dollars, it for his sober consideration of these is- gress, have school lunches in the fu- was grown. In 1945, $1,700 per individual sues and his comity with other Mem- ture. Yet our plan grew from $5.2 bil- to $18,000 today per individual. bers with respect to their discussion, lion to $6.8 billion. Instead of it grow- The Federal debt in today’s dollars and I will be pleased to listen to his ing 5.2 percent a year, it was going to was only $2,462 billion, now it is $5,100 presentation. grow at 4.5 percent a year, of new billion. So it is 50 percent larger, even Mr. SHAYS. I thank the gentleman. money, each and every year. in today’s dollars. Mr. Speaker, we have three primary So we slowed the growth of the in- Now, as we look at this issue, we objectives in our effort to get our fi- crease, still allowing it to grow from have to say, how can it be twice as nancial house in order and balance the $5.2 billion to $6.8 billion in the seventh much now as then? And people said, Federal budget and save our economy. year. Again, only in this place when well, it did not really matter, because We have three major objectives as we you spend so much more do people call it was like that after World War II and sit and work on this floor of the House. it a cut. But that disease is spreading it did not really affect us. Our first is, in fact, to get our finan- around the country. Let us take what we have right now cial house in order and balance our The student loan program, the one in today’s budget. In today’s spending, Federal budget. The next is to save our that we were criticized the most for from 1991 to 1996, we spent $8.7 trillion. trust funds, particularly Medicare, under our plan last year grew from $24 From 1991 to 1996, we spent $8.7 trillion. from bankruptcy. The third is to trans- billion to $36 billion, an increase of 50 In the next 6 years, we are looking to form what I would call our caretaking, percent. Now, if the program is grow- spend $10.4 trillion. Hardly a cut. An social, corporate and farming welfare ing from $24 billion to $36 billion, how increase in total spending of 20 percent state into a caring opportunity society. could people call it a cut? Because the over the last 6 years to the next 6 It is probably that last one that ends plan was to grow ultimately to about years. up being the most controversial; but, $40 billion? Is that the reason you can The student loan program under our clearly, the first is controversial as say that when you spend $24 billion to plan this year will grow 42 percent. It well, because you cannot separate the $36 billion it is a cut? will grow from $26 billion to $37 billion, budget from politics and from prior- What we have to do in this country is a 42-percent increase in the student ities. slow the growth in spending. Now, we loan program. The bottom line is that we have to were able to do that by a simple effort. The earned income tax credit will set priorities. If we spend money here, Students receive a grace period from grow 43 percent. In the last 6 years we we may not be able to spend money when they graduate to when they get spent $109 billion, and in the next 6 there. It is a concept of opportunity their first job 6 months later, and that years we will spend $155 billion over cost. We give up an opportunity when grace period, the taxpayers pay the in- the next 6 years. Only in Washington we decide to put our priorities here and terest on their debt. when you spend so much more do peo- our resources here. We give up the op- We suggested that the students, once ple call it a cut. portunity to spend them here. they had their job 6 months later, Welfare spending. Over the last 6 Our plan is designed to help Ameri- would pay the interest during that 6- years, it was $441 billion. In the next 6 cans earn more so that they can keep month period. For the average loan, it years, we will spend $575 billion. Under more and so that they can do more. amounted to $9 more a month amor- our plan, we will spend 30 percent more The debate we had last year was tized over their loan. So we were say- in the next 6 years than we did over the quite controversial, but there were ing to the students that we would allow last 6 years. some basic facts that simply cannot be them to get the same grants they got Medicaid spending over the last 6 denied. We tried to increase the earned in the past, up to $49,000. We were say- years was $463 billion. In the next 6 income tax credit; we tried to increase ing, they could still get those loans, years, it will grow to $731 billion. We H5800 CONGRESSIONAL RECORD — HOUSE June 4, 1996 will spend in the next 6 years $731 bil- In addition, we gave Americans the politicians are elected by adults to lion. In the last 6 years, we spend $463 choice. For the first time we allowed represent the children, and that is billion, hardly a cut in spending, a sig- Americans to have the same oppor- what we are trying to do. Because if we nificant increase of 58 percent. tunity that I have as a Federal em- fail to get a handle on the growth in b 1715 ployee, not as a Member of Congress Government spending, we are going to but as a Federal employee. I have the find that anywhere from 60 to 80 per- Medicaid growth went from $463 bil- opportunity to choose a lot of different cent of all the income we make as lion to $731 billion. The President is health care plans. Americans will go to Federal, State proposing that we spend $749 billion, an We devised a plan that allowed bene- and local taxes if that trend lines con- increase or difference of $18 billion over ficiaries, only if they wanted to, to go tinues. a 6-year period. So the President is and choose their own health care. They So we are trying to slow the growth criticizing the increased spending that could stay in the traditional fee-for- in spending, still allow it to grow but this Congress will do, when in actual service health care plan, or they could not grow as quickly, for the good of our fact his numbers are almost identical, choose to leave that traditional fee-for- children. an $18 billion differences over a period service that was devised in the 1960’s Our plan will help Americans earn of 6 years, which gets us to what we are and move from that plan into an HMO more so that they can keep more and going to find out next year. or other private health care plan. so that they can do more. Our plan also Medicare is divided into two parts, The only way those other health care tries to reduce the overall growth in Medicare part A and Medicare part B. plans could offer their service is if they taxes so that ultimately we can return Medicare part A is the money we pay offered better than the fee-for-service. more to the American people, and so in taxes to the trust fund that pays for They had to provide some kind of eye that we can downsize the size of Gov- all our hospital services. That is money care, dental care, a rebate in copay- ernment and have it move from the that individuals who are working today ment or a rebate in the deductible. Federal Government to State and local put into a fund, the Medicare part A Maybe some private carriers, like they governments. trust fund, and that fund should be are doing in some States, would pay I notice my colleague is trying to growing. But we learned that it is part or all of the MediGap, which is the rescue me from my dialogue here. starting to actually have a decrease in 20 percent that seniors pay above and Mr. KASICH. Mr. Speaker, I wanted the amount of money going into the beyond what Medicare pays. Medicare to take just a second to compliment fund. Medicare is going bankrupt, and pays the 80 percent and seniors pay the my colleague from Connecticut, Mr. the trust fund we were told 2 years ago 20 percent unless they buy a MediGap SHAYS. I want to compliment him for a will become bankrupt in the year 2002, program. special order that is designed to let we are learning now that it will go Private health care plans want to get people know precisely what the facts bankrupt not in the year 2002 but pos- into the Medicare system because there are in regard to our program, but let sibly in the year 2000. is so much money, so much waste in me, if I could, take a second to suggest What are we doing in spending on which to realize savings that they that, of course, we have the courage to Medicare? In the last 6 years we spent could actually save money and provide do this and this has been very difficult. $920 billion. In the next 6 years we in- a better program for seniors. I remind the gentleman that in 1982 tend to spend $1,479 billion. We intend So a senior under our plan does not Ronald Reagan tried to deal with re- to spend 61 percent more on Medicare have to pay an increase in copayment, forming entitlement programs and Re- in the next 6 years as opposed to what does not have to pay an increase in the publicans got crushed at the polls in we spent in the last 6 years. deductible, does not have to pay an in- 1982 and in 1986 we lost the U.S. Senate, On a per person basis, Medicare will crease in the premium, that will re- Republicans did, because one other grow from $5,200, which is what it is in main at 25 percent of program cost, and time they tried to reform entitlements. 1996 per beneficiary, to $7,000 in the yet now they can get choice. They can So we knew that trying to do some- sixth year, the 2002. That is a 35-per- get choice and a private health care thing to put the good of the country cent increase per beneficiary. plan that will offer them more than the first and politics second would mean We are going to spend 61 percent traditional Medicare plan will offer. It that we would catch some heat. But we more in terms of Medicare dollars in will offer eye care, dental care, it will are willing to do it. And we are willing the next 6 years as opposed to the last offer rebate in copayment or deduct- to do it for a couple of reasons. One is 6 years. But in terms of a per person ible, or maybe an elimination of pre- obviously the children, and I am sure expenditure, we are going to spend 35 mium or maybe part of MediGap. that the gentleman has talked about percent more, hardly a cut when you So why was it vetoed? Well, the rea- out commitment and the difficulty go from $5,200 to $7,000. son it was vetoed is the President said that our children will face. We do not Now we know that Medicare part A is we were cutting Medicare because we want to give them a world where they going bankrupt in the year 2000. We saved over $220 billion by our plan last work longer and harder to pay for the know that we have to do something to year, and this plan this year saves bills that we are ringing up and create save that fund from bankruptcy, and so about $158 billion. It still grows signifi- marginal tax rates that approach 84 we came forward with a plan last year cantly. From now until the sixth year, percent. I mean, the country will not which was vetoed by the President. it still grows significantly, yet we are survive at that rate. I think that we In fact, our plan last year would have able to have savings. We are able to owe our children, we owe the next gen- saved the trust fund until the year 2010, have savings because we allow the pri- eration, we owe the pioneers of the whereas now it is going to go bankrupt vate sector to come in and offer pro- next millennium an opportunity to in the year 2000. That means that all grams, and we are able to make savings have an America that gives that a the money that goes in by the year 2000 because they realize savings as well. chance and gives them hope, allows will go out, and will simply go out to So this Congress which was elected in them to live their dreams. I mean, it beneficiaries with no money in the 1994, we came in recognizing that the would be wrong and selfish for us to fund and not enough for all the bills national debt had increased 10 times in have been able to have a lot of our that we have to pay. simply 22 years. We realized that Medi- hopes and dreams realized and then say This to me summarizes the challenge care was just simply growing and grow- to the next generation, ‘‘Forget it.’’ that we have and the fact that our plan ing and growing, and Medicaid was That is wrong. And so we put the chil- made so much sense that it is hard for growing and growing and growing, and dren first and that is why we have been me to understand why the President the student loan programs were grow- willing to walk over some of these hot vetoed it. Our Medicare plan saved ing and growing and growing, and we coals and encounter some political Medicare from bankruptcy. It in- had to find a way to slow their growth criticism. creased spending from $5,200 to $7,000, so that the taxpayers would not have But we are not just doing it for the and it did it without an increase in the to keep paying more and more of their children. It is like I say to a minister premium, without an increase in co- income in taxes. friend of mine, you cannot tell people payments, without an increase in the Mr. Rabin said, before he died, the the only reason you ought to get in- deductibles. former prime minister of Israel, he said volved in religion is because in 20 years June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5801 when you die, you will reach salvation. But the way in which that is ful in saying to Americans, not power- There has not to be something for you achieved is to not keep everybody’s ful Americans but Americans like my today to get involved in religion and in power and money and influence in this mom and dad and the families in the terms of balancing the budget. And city but basically to pry it out of the neighborhood that I grew up in, that frankly it is about giving people more hands of Washington bureaucrats, put we trust you, we believe in you. The security in their jobs, real wage in- it back in the hands of people in local 21st century is going to be more about creases. Because America again has to communities, demand excellence from the power of individuals than it is become a country that is a saving one another, accountability, and real- going to be about the power of the country, an investing and a risk-taking ize that if we just believe in ourselves, United States Congress. country so that we in fact can put tools believe in the power of the individual We have had our way for about 40 in the hands of American workers so rather than the power of government, years and for a lot of the time we have they can compete and win in the world the 21st century will be the best we done good job. But frankly, it is now marketplace, getting paid a good wage have ever seen on the face of this time for the pendulum to swing back to for what they are producing and being earth. the neighborhoods. We need to revital- able to be assured that their job is I appreciate the gentleman taking ize our neighborhoods and our families, going to exist. More and more Ameri- this special order and yielding. our communities. That is what the 21st cans are working longer and harder not Mr. SHAYS. I would love to just say century has to be all about. In the to get ahead but to stay even. We are to the gentleman that I remember well course of doing it, we will save the next trying to fix that by creating a pro- in 1989 he offered an amendment to try generation. We will provide greater se- gram that will reward savings and in- to get a handle on government spend- curity economically. Let us forget this vestment and risk-taking so our work- ing and I think there were only 38 economic security and just say good ers can have the tools. But I think Members who supported him. Each jobs that last for Americans. what is most important when we look year he kept offering amendments to So I just think the gentleman from at the charts on Medicare or welfare or Connecticut is a patriot. I love the fact slow the growth of the Federal Govern- Medicaid or any of these programs, that he takes the time to do this. On ment, to not make these deficits so frankly the Republican mantra is that committee, the Committee on the large, and each year he got more and amazing here at the end of the 20th Budget, he has been the most persist- more support. It was just a constant ef- century. The Republican mantra is ent advocate of trying to bring about fort on his part. power to the people. Essentially what changes in this system. I will say to I remember him asking Mr. Green- we are trying to do is systematically the gentleman and for those Members span at the hearing he chaired, he said, transfer power and money and influ- who may be watching, you see, our vic- ‘‘Mr. Greenspan, are you concerned ence from this city back to the neigh- tory is inevitable. But it is going to be that we will cut spending too much?’’ borhoods and communities where our a long road. The road to change is al- He responded by saying, ‘‘Mr. Chair- constituents live so that they can ways long, and it is always rocky, and man, I don’t go to sleep at night fearful begin to design local solutions to local it is always winding. But if you stay that when I wake up the next day that problems. committed to principle, at the end of Just to take one program, I have no Congress will have cut too much.’’ the day you will have traveled up that doubt that virtually any neighborhood But you are not just talking about road and you will have success. in America could design their own wel- cutting, because what you are also Mr. Speaker, this city cannot go fare program that would not only show talking about is growing this economy back. We are going to be debating a proper compassion but would also use and to move it from the Federal Gov- waiver program for the State of Wis- local solutions to local problems at ernment to the State government consin where people in Wisconsin be- less cost. Frankly, you could not de- which is so important. lieve they can design a welfare pro- sign a welfare program that is worse Mr. KASICH. Let me say to the gen- gram better than people in Washington than the one that we currently have. tleman I am not really any more enam- can. I mean, it is just patently absurd What we are arguing for is, let us take ored with State and local government to say: Oh, no, no, we are not going to the program out of this city, let us or not much more enamored than I am let you. We are not going to let you de- have faith that real people living in with Federal Government. I think the sign your program. You think you real neighborhoods with real compas- 21st century is not going to be about know how to get people to work, you sion looking at real problems can de- the power of government or the power think you know how to get people sign real solutions. I believe they can. of bureaucracy or indebtedness or tax- trained? Do you think you have a solu- I believe in the power of people to get ation or regulation. I think the 21st tion in Wisconsin that we do not have it right at the end of the day. And I do century is about the power of people here in Washington? Oh, no, no, we are not think it is necessary to substitute like you and me, removed from this not going to let you do it. or to interface a bureaucrat with peo- place, living in neighborhoods, the That is the kind of thing that goes on ple in the neighborhoods of America. ability of us to soar, in the age of the inside this town. You know, the lib- We are going to solve crime problems computer, where Americans have more erals, the Washington liberals, God in Los Angeles not from Washington tools and more freedom. You do not bless ’em, they do not believe people but in the neighborhoods of Los Ange- have to wear a necktie in the morning can get it right at the end of the day. les. We are going to solve housing prob- anymore. You do not have to go to an But the Washington liberals, they are lems in Columbus, OH, not from bu- office anymore. You can sit in your jealously guarding our power. It is not reaucratic Washington but, rather, let own den and you can use a magical in- theirs. They took it from us. Now we us let the housing authority officials strument called a computer to shake want it back, and they do not want to have the power to do it the way it things around the world. give it back. So we are going to have to works in our community. We want to b 1730 pry it out of their hands and get our design local welfare solutions. Frankly, money back out of their pockets, get we do not need to ask Federal bureau- I do not want to look forward to a our money back out of their pockets. crats to tell mothers and fathers 21st century where I have got to call a That is what makes the fight so tough. whether their children are learning or Washington bureaucrat to ask him But frankly, this is the future. We have not. whether I should log on or not. No, it is started the revolution. So our program is one of real com- not just about balancing a budget, but Frankly, it started with the shot passion. It also allows us at the end of it is systematically giving people their fired across the bow on the Penny-Ka- the day to stand at the end of that very money, their power, their authority, sich bill, which signaled to this town dark tunnel with a very powerful their influence back to develop cre- we are never going to go back to the searchlight signaling the next genera- ative solutions to what exists in their way we were for 40 years and we are tion into the next millennium that neighborhoods. I think that really going to win. There is a reason to be they have got hopes, they have got what it is all about into the next cen- uplifted by this. Let us just keep at it. dreams and in fact they can be real- tury and what this debate is going to Mr. SHAYS. Mr. Speaker, I thank the ized. be all about is whether we are success- gentleman for participating. H5802 CONGRESSIONAL RECORD — HOUSE June 4, 1996 As the gentleman was talking, I Yes, this chart, this chart represents down in 1996. Of course what happened thought about when I was elected in the fact that Congress has lost its is, when Republicans came into Con- 1974 to the statehouse. When I was in power, its constitutional power, to con- gress January 1, 1995, the first thing we the statehouse, we had a law that said trol spending. I just want to start out did was cut $13 billion our of the 1995 you could not spend more than you with a little white in the pie chart, be- budget. Then we set the 1996 budget. took in in revenue. I see my colleague cause the white in the pie chart rep- Mr. SHAYS. If the gentleman will from Michigan as well, and I know that resents that part of the budget that is yield, that is the budget we were al- he represented, was in the statehouse now paid and expended just to cover ready in. as well. I think he probably had that the interest on the Federal debt. This Mr. SMITH of Michigan. That was same kind of requirement; did he not? 15 percent, this 15 percent does not the budget we were already in. We only Mr. SMITH of Michigan. I thank the cover the interest on what we owe So- had 6 months left or 9 months. gentleman. In fact, most States have cial Security and the other trust funds Mr. SHAYS. We rescinded certain ex- the requirement of a balanced budget. when we borrow the surplus money penditures. In fact what we did do, if I So it is a shame that the United States coming into those trust funds. could be a little more precise, we actu- that is overspending so much and that If we added the interest that is paid ally cut $20 billion from that budget, taxes so much does not have the same by the Federal Government on Social but then added $11 billion back that kind of legal obligation. I guess the Security, for example, it would amount the President requested and would gentleman from Connecticut, Mr. to an additional $90 billion that we are have been in the budget if we had not SHAYS, and I are still hoping that the paying in interest. That means that in- even made the $20 billion. We had a net savings of $9 billion. But then we had Senate might be successful in passing terest is the largest part of this budget. the debate in 1996 and the shutdown of that balanced budget bill. Somehow But what Mr. SHAYS is suggesting is Government. something has got to give us the intes- just take a look at the blue portion of tinal fortitude to do what is very dif- We had the shutdown of Government this pie chart. This is what over the in part because when we gave the ficult to do, and that is to cut down on last 40 years, inch by inch and step by some of the spending in Federal Gov- President certain budgets, he vetoed it. step, the Congress of the United States We ended up with zero and a disagree- ernment. has said we are going to put on auto- Mr. SHAYS. Well, when I was in the ment on how much we should spend. matic pilot and give the authority to Ultimately we have now a full agree- statehouse, I was always amazed that the President, whether or not we con- our Federal leaders could continually ment with the President on the 1996 tinue these spendings. spend more money than they raised in budget, the budget we are in now, and So this is the entitlement spending, which will end the end of this Septem- revenues and their incredible reluc- the welfare spending, the AFDC, aid to tance to do it. I kept asking myself ber. The thing that we need to point families with dependent children, it is out is the President wanted to spend $7 how could it happen, and I think that the food stamp spending, it is the Medi- we have to acknowledge that the blame billion more than we spend in 1995, and care spending that Mr. SHAYS has be- was bipartisan and also shared with we ended spending $23 billion less. We come such a leader in in trying to get Congress and the White House as well. ended up making a savings ultimately I think it is fair to say that some on a grip and a handle on. It is the Social to his plan of $30 billion, $23 billion of our side of the aisle, the Republican Security spending. actual reductions in this year less than By the way, even on Social Security, side of the aisle, did not see a defense we are spending, less than we spent the unfunded liability, or what is program they did not like and were last year. called the actuary debt on Social Secu- quite willing to keep spending. And on Mr. SMITH of Michigan. I do not the other side of the aisle, there was no rity, now approaches $4.5 trillion. Our mean to brag, and I do not mean to concern to control the gigantic growth overspending annually is $5 trillion. We make a greater separation between Re- of entitlements. I notice that my col- are in a great deal of trouble, and we publicans and Democrats. But still, the league may have a pie chart that illus- have got to start looking at some of reason that the overspending is so low trates that 50 percent or more now of these issues. We have the other side is because Republicans were very ag- all that we spend are entitlements. continue to demagogue and say: Look, gressive in what is called the rescission Before referring to the chart, I would look at those cruel, mean-spirited Re- bill of reducing the 1994–95 budget, just like to talk about what that publicans that are trying to cut spend- again in the 1995–96 budget with a great means. It means that half of our budg- ing. deal of frugality of making tough deci- et we do not even vote on each and Mr. SHAYS. But the bottom line to sions. Everybody should know it is not every year. It is one reason why Con- this is that each and every year we easy to cut spending. People that have gress was simply not getting a handle vote on about a third of the budget. We gone to the Federal Government, to on that budget and the White House. do not vote on the interest on the na- the trough, if you will, and become ac- Almost 50 percent of the budget was on tional debt, and we do not vote on half customed to having those Federal serv- automatic pilot. You fit the title in of the budget, which are what we call ices do not like those services cut out. welfare, you get it. You fit the title in entitlements, that long list that we So it has been easy for the liberals to Medicare, you get it. You fit the title have there. So we have been trying demagogue the issue, to say look at in Medicaid, you get it. You fit the over a number of years to try to con- these mean-spirited cuts. title on certain agricultural subsidies, trol spending by just looking at defense Mr. Speaker, the bottom line is we you get it. and nondefense, what is spend out of now borrow 20 cents out of each dollar Mr. Speaker, I did not have to vote in the Committee on Appropriations. the Federal Government spends, and each and every year to set priorities Mr. SMITH of Michigan. That is that is too much borrowing. It is not with other priorities. So they just kept right. responsible. I think it is immoral for growing and growing. I would love to Mr. SHAYS. To our credit, that is the our kids and our grandkids. yield to my colleague to talk more one area where Congress has greater Mr. SHAYS. We have had really three about this issue. control than the President. When we main objectives. One is to get our fi- Mr. SMITH of Michigan. I think real- spend and appropriate an item and the nancial house in order and balance the ly this borrowing has masked, it has President vetoes, we get zero. budget. We came forward with a 7-year hidden the true cost of government. If Mr. SMITH of Michigan. Will the plan. We actually have real and abso- we had to pay this out in taxes, I think gentleman yield? lute cuts, absolute cuts in what we call the American people would say: ‘‘Hey, Mr. SHAYS. Happily. discretionary spending. We were going wait a minute; I earned that money; do Mr. SMITH of Michigan. Mr. Speak- to spend less in some programs next not take so much of it away from me’’. er, it is hard not to be aggressive when year than we spent this year, and we As we borrow and somehow we make talking about this issue. Even today I spent less this year than we did in the future generations obligated to pay our heard a Member of the more liberal year before. Those are true cuts. But in overindulgence, our overspending party suggest that look at how deficits 50 percent of the budgets, some pro- today, somehow it is easy to say: Well, have come down. Look how they came grams that are very important in Medi- somehow it will be taken care of. down in 1995. Look how they came care and Medicaid, we are allowing for June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5803 significant increases in both of those Mr. SMITH of Michigan. You know, citizens. They probably went to the programs. somebody asked me last Thursday, driver’s license bureau or someplace We are just trying to slow the look, we do not smoke. Why should we and got this list of names of everybody growth. So our first effort is to get our pay more of our taxes, more of our pre- over 65, and it says there are some peo- financial house in order and balance miums for Medicare to cover the people ple in Washington that are trying to the budget. Our second one is to save that do not take care of their own balance the budget on the backs of the Medicare from bankruptcy. We are health, that smoke, that do otherwise? health care of senior citizens. Send us going to learn tomorrow that the Medi- My reaction was, look, that is what we your $20 or $40 and we will work to pro- care plan fund, the Medicare part A, are trying to do with one of these op- tect your rights. which was to remain solvent, not bank- tions, medical savings accounts, so the You know, I think that that kind of rupt, remain solvent to the year 2002 people that do take care of themselves attitude, that kind of solicitation to and will actually probably become can end up sharing some of that sav- take advantage of senior citizens to try bankrupt maybe in the year 2000, which ings. to make more money for whoever, is is 2 years sooner than we thought. I think it would be good if the gen- washed up, because I think most senior Mr. SMITH of Michigan. Mr. Speak- tleman mentioned some of the options. citizens, as they decide what they want er, I mentioned earlier that Social Se- Mr. SHAYS. Mr. Speaker, one of the to leave this world with, I think most curity has got very serious problems options will be that we will allow pri- of them want to leave their kids and and that actuary debt or unfunded li- vate care plans to offer to seniors a their grandkids and their great ability amounts to about $4.5 trillion. whole host of different services. grandkids the same kind of opportuni- But in Medicare, it is even more seri- b 1745 ties they had. They do not want to ous than that. So the promises that keep sucking up on financial, to ask past Congresses have made of what They may offer eye care or dental the young working people of this coun- they are going to do for health care for care, they may give a rebate on the co- try to pay more of their benefits. They senior citizens is now in a great deal of payment or the deductible, they may are willing to tighten their belts just financial problems. If it is not cor- give a rebate on the premium. They like everybody else is to make sure rected, we could lose Medicare. may even pay, because in some areas that Medicare is solvent, that Social So I would ask the gentleman from the cost of health care is so much less Security is solvent, that this country Connecticut just to very briefly repeat than we actually pay in Medicare, they gets their house in order so we can some of the fact that there is not much may actually be able to pay almost all have a continuing great America with difference between what the President of the Medigap, pay all or part of the continuing opportunities. suggested, what the Republicans have Medigap, which a lot of seniors pay That sounds a little like a speech. suggested. So to use this issue politi- today, and they will still make money Mr. SHAYS. Well, it is a speech, but cally by scolding Republicans is not a off the plan. it is a very accurate speech. We are fair accusation. They will be able to give them an- saying that last year we spent $4,800 Mr. SHAYS. Well, first off, it is just nual checkups, which some seniors do per senior. It will grow to 72 and now important that we recognize that the not get now. Now, if a senior does not $7,000 in the 6th year from where we are program is growing significantly. The like it, they get into the private care today. That is a significant increase. program is growing significantly, it is and they do not like it, they have 24 not being cut. On a per person basis, we And yet while seniors will still get that months, each and every month, 2 years significant increase, we save, under our are going to allow it to grow as it did in each and every month, to get back last year from $4,800 to $7,000 per bene- new plan, $158 billion. to their fee-for-service plan. At one time it would have been over ficiary. We did it without an increase So we do not increase copayments, $200 billion, but the President vetoed in the copayment, without an increase we do not increase the deductible, we that plan. We have a plan that will in the deductibles, and without an in- do not increase the premium, we give crease in the premium. save $158 billion to the taxpayers. It seniors choice. The premium will stay, except we did still gives seniors more, and yet they Mr. SMITH of Michigan. And if a per- do something for the wealthiest. Those will contribute to helping save this son wants to stay in exactly the same who make over $100,000 and are single country candidly from financial ruin. will pay more in their premium. If they program they are in, they can do that. We talk about getting our financial make over $150,000 and they are mar- Mr. SHAYS. They can. And it is not house in order and saving our trust ried, they will pay more in their pre- like the telephone system, where if you fund. This fund is a little more nebu- mium. So we did say the very wealthy were on AT&T and you automatically lous, but it is something that is very should pay more. It is not something find you are with Sprint or MCI, no, near and dear to me because I believe that Democrats like to say that Repub- you stay in the plan. You stay in the that is where we probably have the big- licans do, ask the wealthiest to pay traditional fee-for-service. You have to gest controversy and that is we are try- more. ask to be out and then you can request ing to transform other caretaking, so- Sometimes I have to say sometimes immediately to be put back, and within cial, corporate and farming welfare Republicans do not like to acknowl- a month you are back in the old plan. state into a caring opportunity society. edge that we are asking the wealthiest So it is hard for me to understand We want people to be independent to pay more. But people who are re- why the President vetoed. The reason and not dependent on the Federal Gov- ceiving Medicare, it is the best buy in he vetoed is he said we were cutting, ernment, and we want them to learn town. Those who can afford it should even though the plan grew so much. It and to grow. We are not saying to pay more, and we are asking the very is true we were able to save. We were someone in an urban area, your mother wealthy to pay more. able to save the fund from bankruptcy. was on crack, you did not graduate Now, what we are also doing is we are We had it remain solvent to the year from the 5th grade, I am sorry, you are allowing for choice. We are allowing 2010, and we were able to save the tax- on your own. No, we have to have a for people to get the same opportunity payers over $200 billion. So it was just caring, aggressive plan to help individ- that the gentleman from Michigan, Mr. difficult for me to understand why the uals, but it cannot be the traditional SMITH, and I have. I mean, we have President would not have accepted that handout. the opportunity to choose a whole host plan. I say this as a moderate Republican, of different health care plans. We are Mr. SMITH of Michigan. Mr. Speak- some might call a moderate Repub- not looking into one. If we get a more er, a little while ago I was reading at lican a liberal Republican, but I think expensive plan, we have to pay for my desk, and in a letter, one of my I am pretty much down the center of more dollars. We have to still pay a constituents in Michigan sent me this the political spectrum. I look at a lot greater amount if we get a more expen- application. She was asking me is this of what Government has done, and I sive plan. But we are given choice. Mr. a legitimate organization; what are think if we have an honest debate, we Speaker, under the traditional Medi- they doing? do see 12-year-olds having babies, we do care system, there is no choice. It is a And what that was, it had a big sheet see 14-year-olds selling drugs and 15- traditional fee-for-service. that they were sending all these senior year-olds killing each other, we do see H5804 CONGRESSIONAL RECORD — HOUSE June 4, 1996 18-year-olds who cannot read their di- be a disservice to agriculture. We have but what you have taught them to do plomas, we see 24-year-olds who have seen smaller family farms forced out of for themselves that will make them never had a job, and frankly not be- business because the larger farms had a successful human beings.’’ cause a job does not exist but because greater advantage with those Federal I see this and I think about that, and they have got in their own mindset programs. I think about the march on Washing- that it is a so-called deadend job. We So the ag programs are phasing out, ton. One, we cannot burden our chil- see 30-year-old grandparents. That, to but corporate welfare, the lobbyists dren with tremendous debt; but, sec- me, is the legacy of the welfare state. and the PAC’s flow to that Committee ond, we have to have those kind of gov- Mr. SMITH of Michigan. And it is on Ways and Means because just a few ernment programs that teach them sad. We talk about a $5 trillion na- changes in the words, can make mil- what to do for themselves. tional debt, but we have spent $5 tril- lions of dollars of difference. Government does have an active role. lion on the welfare program since they Mr. SHAYS. One comma, one little I would like to think more State and started in 1965, and we have been suc- bracket, taking out a word, adding or local government and less Federal Gov- cessful in transferring wealth, but in not can make a difference. This Con- ernment, with a one-size-fits-all men- the process somehow we have taken gress is looking to get after all three tality. The government does have a away the spirit. With a lot of people we types of welfare, the social, the cor- role, but it has to be a role, not to give have taken away their self-respect by porate, and where it was in the farm- a hand-out, but to really teach people. sending them signals that they are ing. There are a few programs still re- I think, as my colleague wants to, if often going to be better off not to go to maining that did not get out, but a gi- we want to have English be a primary work, not to bust their gut trying to gantic leap forward, phased out over 7 language in this country, we have to, help their community and help other years. as colleagues, recognize and make sure people and pay their fair share of taxes. I would say to the gentleman that I that there is no American who is miss- so they stay on welfare, and we are now had to ask myself where have I been a ing the opportunity, and no alien who in the fourth generation. constructive force. And I have been is a resident here who is missing the And we are a humane society. We are able to go back over my time in the opportunity to learn how to speak Eng- a caring society. We want to help peo- State house and in Congress and say, lish. We may have our feelings about ple that are down on their luck. But well, I voted for this program, and I bilingual programs, but there has to be people take advantage of it, and not have been able to feel good. But when that alternative, I would just say to only stay on it for all of their essential I analyze some, not all, but some of my colleague, and I am happy to yield. working lives but then we end up with those votes, I have had to say I have Mr. SMITH of Michigan. It seems to their kids being on and their grandkids made people more dependent rather me we need to remind ourselves what being on. than less. made the United States of America so Mr. SHAYS. And if my colleague I have made a practice in the last 4 great, and that was the concept that would just yield, I would point out that years of asking people who have had to the people that worked hard, that real- we are also not just talking about so- pull themselves up by the boot straps ly tried, that invested, that took cial welfare, we are talking about cor- and have succeeded, why. And in al- chances, that got up every morning porate welfare. most every instance, it was a father, a Mr. SMITH of Michigan. Good point. when they did not feel like it and went Mr. SHAYS. We are talking about mother, a brother, a sister, a school- to work and produced, were better off writeoffs that businesses have been teacher, but somebody pushing them, than the people that do not. able to get over the last 40 years someone recognizing that and making Now we are moving into sort of a through, candidly, this former Con- sure that individual knew that nobody gray area where often the individuals gress. They have been able to get a sig- was going to do it for them. on some of the welfare programs are nificant writeoff, approved by, can- I was thinking, and, to me, one of the better off than working poor. That can- didly, Republican presidents, so both most memorable was when I had a not be the formula for a successful hands have been involved, where they young woman come in, 35 years old, a America. We have to get back to the have gotten certain writeoffs that are doctor, an M.D., and she said she was 12 concept that those who are trying unique to them in their business oppor- years old when her father passed away. every day, that are working hard, that tunity. They then become dependent She had six younger brothers and sis- are striving to make their family and on what are true writeoffs and, in my ters. She became almost the second their kids more independent and more judgment, are nothing more than cor- mother in the family, raising, as a 12 successful, by encouraging them when porate welfare. So we are looking to year old, her younger brothers and sis- they come home every night, are the have our Federal Government not have ters. But her mother had one dream, people that are going to make the fu- so many corporate writeoffs. that they would all get degrees; not ture of America and make it greater. And while I am probably on more just college degrees but advanced de- We cannot continue to rely, as an sensitive ground, being that the gen- grees. aging industry, on increasing taxes on tleman comes from a farming area, I There were two doctors in that business and individuals as a way for think you would acknowledge there are group, there was a psychiatrist, there government to have more funds to certain Federal programs that farmers was, fortunately, only one lawyer, make it right for everybody else. We have become so dependent on, it has there was a schoolteacher, and she was have to have the kind of policy that en- changed their behavior. It is not like just there to tell me that I had a courages those individuals to be more they do not work. They bust their guts. dream, we moved forward, and no one responsible for their own destiny. But they are working following a Fed- gave me. We worked for it. Her mother Mr. SHAYS. I do not know how we do eral program that sometimes has an in- was a schoolteacher, with not a lot of that, though, unless we get our finan- centive not to plant or to plant the income, and obviously she turned to a cial base on a firm foundation. wrong things that simply are costly. lot of different sources for help. But Mr. SMITH of Michigan. Absolutely. Mr. SMITH of Michigan. That used to she made sure that each of her children That has to be the first step. be true. Now, we have passed what is knew they had to do it on their own. Mr. SHAYS. So we have to get our fi- called the Fair Agricultural Act that Which gets me to a kind of wonderful nancial house in order and balance that does away with all of those subsidies. quote that Ann Landers said, and it budget as the foundation. Not as the Over the next 7, or 6 years now, it was in my calendar. You have seen solution, but as the foundation for then phases out all of those Federal farm these calendars that have the quote of saving our trust funds, which are obvi- program subsidies, so the Federal Gov- the day. My dad, when he used to work ously related to the first issue, but ernment is no longer managing that in New York, would come home, when then, ultimately, transforming this farm, and individual farmers will have I was a young kid, and give me dif- caretaking, social, and corporate wel- the freedom to decide how much of ferent quotes from the newspaper, and fare state into a caring, into a very what crop to plant. sometimes Ann Landers would show caring opportunity society. I think that is good. I think the Fed- up. And she said, ‘‘In the final analysis, Instead of taking this pie and decid- eral subsidy programs have tended to it is not what you do for your children, ing how we divide up limited resources, June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5805 what can we do to grow this economy. taxpayers to the working poor where They came from all over, all parts of And that clearly is a very important they actually receive money rather the Nation. They came from every eth- element to the last part of our plan, than pay taxes, and that program over nic group, every religion, every race, and that is beside just getting our fi- the last 6 years we spent 109 billion. We they were all together, children and nancial house in order to have certain are going to spend 155 billion under our families, making it clear that in Amer- tax incentives to encourage growth in 6-year plan. Under welfare spending ica the great caring majority stands this economy. over the last 6 years we have spent 441 for children and American policies. Mr. SMITH of Michigan. And I think billion. In the next 6 years we will Government policies at this point in the people that talk about or advocate spend 30 percent more; we will spend our Nation’s history reflect this fact. a flat tax or a consumption tax or a 575 billion. They reflect the fact that this Nation value added tax or a national sales tax In Medicaid we will grow from 463 bil- stands for children. The policies of the are not saying that, look, this is the lion over the last 6 years to 731 billion. Government stand for children. golden way to have a successful tax, We are going to spend 58 percent more Mr. Speaker, the problem that they they are saying, look, the tax system in the next 6 years under Medicaid, did not talk very much about on Satur- we have now is failing us. We are penal- which is health care for the poor and day is the problem of the present at- izing investment, we are penalizing nursing care for the elderly. tempt to change those government savings, we are discouraging businesses Then we are going to deal with Med- policies, to turn our policies around icaid, Medicaid spending, which grows from expanding and creating more and and make this a Nation whose policies from 463 to 731, just to point out that better jobs by putting more and better are hostile toward families and chil- our numbers are not that different tools and facilities in the hands of the dren. than what the President’s numbers are, greatest work force in the world, which In contrast to the Stand for Children is the American work force. except we want to allow for more flexi- bility on the State and local level that was taking place in Washington Somehow, in our look-see to chang- here, more than 200,000 people by the ing our tax system, it has to be an ad- under this plan and not have a one- size-fits-all Medicaid plan done by the official estimates, in contrast to that mission, an acknowledgment that what Stand for Children, let us consider for we have now, that has been written Federal Government. Medicare is going bankrupt. It is a moment the problem of Brazil and many times over by the special inter- going to be highlighted tomorrow when Colombia, where large numbers of chil- est lobbyists and their huge PAC con- the trustees report that Medicare part dren are being found dead in the streets tributions to candidates for office, has B, the money we pay in our payroll tax, every day. They are being found dead ended up being not what is good for the we will run out of money potentially as a result of being shot the night be- future of America. by the year 2000, rather than what we fore. They are killing children in b 1800 originally thought, the year 2002. We Brazil. They are killing children in Co- So I think it is important that we do had a plan to save Medicare until the lombia. They are killing children in exactly what you are suggesting, Mr. year 2010 and the President vetoed it certain other South American coun- tries. SHAYS, that we have the kind of tax last year. Our new plan will not stretch policy changes that encourages sav- it out entirely to the year 2010 but Mr. Speaker, I do not mean child ings, that encourages investment. close to it. We spent in the last 6 years abuse in the usual sense. There is a Mr. SHAYS. And encourage people to 920 billion; in the next 6 years we are high degree of child abuse in these na- pay their taxes. It is estimated we going to spend 1.4 trillion, a 61-percent tions, but there is a phenomenon which could lose almost $100 billion in reve- additional expenditure in dollars. we have not yet experienced in Amer- nue, one, because it is not simple In Medicare premiums we are going ica. That is they are shooting children enough and, second, that people simply to grow from 5200 this year to 7000. at night, and you find the dead bodies have found a whole host of ways to Last year they were 4800. So we are al- the next day. The elite classes of Brazil avoid paying taxes in the course of try- lowing this plan to grow per bene- and Colombia and certain other South ing to do what they think are legiti- ficiary and we do it without increasing American countries are the classes of mate or maybe not legitimate write- the copayment, without increasing the people that are envied by our Repub- deductible, without increasing the pre- offs. lican majority here in this country. Mr. SMITH of Michigan. There are so mium. We give seniors choice. We do We have an elitist philosophy driving ask the seniors who are the wealthiest, many loopholes and so many corporate an attempt by the Republican majority making over 100,000 plus, to pay more tax breaks that probably should not be to change the policies that have an im- of their Medicare part B premium. But there that it justifies a whole new look pact on children. The previous speakers for all other seniors the program re- at our tax system. talked about they were not cutting mains the same, no increase in copay- Mr. SHAYS. I would like to spend the school lunch programs because after all ment, deduction or premium, and we last 5 minutes and just summarize the figures, the numbers will show that give them extensive choice. what we are trying to do. there is an increase in the numbers With that, Mr. Speaker, I would like We are trying to do what Prime Min- over the years. They do not tell you to say that I am absolutely convinced ister Itzhak Rabin said. We are elected that the number of children will in- that this Congress is on the right crease faster than the dollars that they by adults to represent the children, and track, trying to get our financial house we are trying to get our financial have put in the budget will increase. If in order, trying to balance the Federal you did a simple mathematical calcula- house in order and balance the Federal budget, trying to save our trust funds tion of dividing the number of children budget. We are trying to save our trust and trying to transform this social and into the number of dollars available, funds from bankruptcy, particularly corporate welfare state into a truly you will see that the amount of dollars Medicare. And we are trying to trans- caring opportunity society. form our caretaking, social, corporate available, you will see that the amount f and farming welfare state into an op- of dollars per child will go down as a portunity society. We do that by allow- SAFETY NET FOR CHILDREN result of the cuts that they are propos- ing our spending to grow. The SPEAKER pro tempore. Under a ing. We allow it to grow 20 percent more previous order of the House, the gen- They are also taking out large blocks each year, 20 percent or more in the tleman from New York [Mr. OWENS] is of children and saying that immigrant next 6 years as opposed to the last 6 recognized for 60 minutes. children shall not be served and we are years, 20 percent more, from 8.7 billion Mr. OWENS. Mr. Speaker, I would going to just leave them on their own. to 10.4 billion. We do it by allowing the like to begin by congratulating the We are going to leave them to fend for student loan program not to cut but to Children’s Defense Fund and Marian themselves. So the contrast is very im- grow from 26 billion to 37 billion, a 42- Wright Edelman and all of the other portant, to take into consideration the percent increase. sponsors of Stand for Children which fact that in this Nation at this point in We take the earned income tax cred- took place here in Washington last history, the majority of Americans it, which is an expenditure made by Saturday, June 1. still stand for children. They stand for H5806 CONGRESSIONAL RECORD — HOUSE June 4, 1996 children regardless of what the Repub- they are always citing the day care here that, if a society takes the route lican majority in the Congress right programs in France, unparalleled, no of accepting no responsibility for the now is trying to do. parallel programs anywhere in the poor families within that society, the They are going to reject the attempts world to the kind of day care programs society takes the route that it is wholesale to change the policies which they provide in France. against minimum wage. So those who favor children and families. They are In Germany, the programs for work- are working cannot earn a decent liv- going to reject it in November, but in ers that allow vacations and sick leave ing and then takes the route that those the meantime we have a serious prob- and so forth are unparalleled in terms who are not, those who cannot find jobs lem of trying to beat back the threats of any workers anywhere in the world. and are on unemployment do not de- to the policies and the programs in our So on the one hand you have families serve any help from government. If it Government which support families and children in certain industrialized takes the route of cutting back on job and children. nations who are far better off and sup- training programs as all of these routes There are three examples I would ported far more by the government and taken by the Republican majority here like for you to consider. Consider the the country as a whole than we have in in this Congress, you take that route, fact that in America we do stand for this country. you are eventually going to end up in a children. Still our Government policies On the other hand, you have the situation where the children are de- are favorable to children and families. other extreme, the elite minorities of monized and hated because they are In Brazil, Colombia and certain other South America, the rich leadership of running out there without any support. South American countries, they do not South America who are envied by the Families cannot keep them at home. have the safety net for families and for elite minority here in this country. Families cannot keep them. Families children, so they have gone in the op- They do not pay very much taxes. They cannot house them. Families cannot posite direction. are not bothered with the nuisance of clothe them. So they are on the street. They have created so many problems taxes. You have billionaires in South b 1815 with families and children that large America who are scot-free from respon- Where do they go if not onto the numbers of children roam the streets sibilities of trying to guarantee that streets? And once they are on the day and night, and they have begun to there is a safety net for children and streets, they become scum in the eyes hate those children. They have begun families, and our Republican majority of the general population. It is not sur- to demonize those children. They are here wants to create a situation for our prising that it is the police that some- wiping out those children at night elite minority to have a similar situa- times end up being involved in trying through vigilante groups. Many groups tion. They want more and more advan- to eradicate these children. involved are even considered to be tages for the rich, less and less taxes, These are not my words. Let me just close to the police, or in a few exam- less and less disturbing their abilities quote from a story that appeared, a ples the police themselves have been to make maximum number of dollars United Press International story, on accused of murdering children at night. in profits. April 25, 1995. I use this story because These children become a nuisance be- In South America they do not have it is an example of a situation where cause they steal in the daytime. They environmental laws. They do not have they caught, for the first time they obstruct the beauty of the sidewalks. a number of things which force our cor- caught some of the people who were They do a lot of things which make porations and businesses to act in a doing the eradication of children. Chil- people very upset with them. Society more humane way, ways which are sup- dren have been dying, being shot, like will not deal with them in a rational portive of life in general and of fami- flies. You know, they have been dying way. Society will not provide programs lies and of children. So they have gone in large numbers and being found on which will guarantee that they have a to the extreme in places like Brazil and the street dead, shot in large numbers, decent home or decent meal, school Colombia. and nobody has been held responsible. lunches, will not guarantee that they On the other hand, we are at least in This is the one example where there have some safety net so that families the middle. We have some safety net was a witness, and they actually ar- are not thrown into the streets, that programs. Right now we are at a criti- rested people, and a trial was taking society ends up at the other extreme, cal point in our history where a Repub- place last April related to the killing exterminating children, large numbers lican majority in control of the Con- of these children. of children are being killed. gress is striving to try to eliminate Let me just read from the United Contrast the societies of the industri- those safety net programs. Press International article of April 25, alized nations that the United States is Mr. Speaker, I am going to talk in a 1996. A former military police agent in in economic competition with. Brazil, little while about specific examples of Brazil confessed Thursday to his part not Brazil, Italy, England, France, Ger- programs for children that the Repub- in the 1993 killings of eight street chil- many, those societies have safety nets lican majority has attempted to elimi- dren as they slept outside the which are far greater than any safety nate, programs for families that the Candelaria Church in Rio de Janeiro nets that we have here in America. Republican majority is attempting to and said people scheduled to go on trial They treat children far better. Recent eradicate at this very moment. One of are innocent. The police agent was one articles in the newspaper, the New the most important programs of course of those accused, and as he came up for York Times talked about in Italy the is Medicaid, the Medicaid entitlement. trial, he confessed, but he said certain mothers under the provisions which Families will be hurt a great deal if the other people that were accused were allow family leave have abused it to program passed by the Republican ma- not innocent. the point where certain mothers have jority in this House were to be signed The important thing about this is stayed off a whole year from work and into law. that the prosecutor, Jose Muinos gotten paid. That was an example of Last Thursday there was another Pineiro, said that this trial was the abuse. But then they described the program, the reauthorization of IDEA, first ever in the case of the killing of kinds of programs that they have for the Individuals with Disabilities Edu- street children, and the trial was to family leave in a country like Italy. cation Act. That, too, was under the begin as planned, and it would be a They showed how a person who wanted hammer by the Republican majority. landmark in Brazil, although for years to abuse the system could do that. They are chipping away at that pro- they have been finding children shot in What they were saying is that there is gram now and creating a situation the streets in the morning, and nobody a very strong family net there for peo- where it is possible that the Federal has ever been punished. So this was the ple who have children. Government may pull out of its sup- first case. In this country, which has a gross na- port for children with disabilities, the Mr. Santos, who was a former police- tional product which is smaller than education, completely. I will talk more man, confessed, said he decided to con- ours, Italy is not a rich industrialized about that later. fess because of conflicts of conscience, nation, as rich as the United States, Mr. Speaker, let me just go for a mo- conflicts of conscience. The witness but in Italy they have policies for fami- ment to some clippings related to who identified Mr. Santos and the oth- lies which are far better. In France, Brazil. I want to make the point clear ers is a boy named Wagner dos Santos, June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5807 and Wagner dos Santos, the little child night on a street corner in the barrio breed slaves and take care of female who identified the assailant, the assas- when 12 men in three vehicles ap- slaves because they were valuable prop- sins, has suffered two assassination at- proached and demanded that they lie erty. In South America they had an ac- tempts since the time he identified on the ground, and opened fire on cess to large numbers of incoming them and the time of the trial. He has them. slaves, and the tradition was they just been so threatened that he had to be One of the victims reportedly man- worked them until they worked them moved to Switzerland and kept there aged to tell his mother before dying to death. The brutality was so much between the time of the assassinations that he recognized his killer as a mem- greater and the heritage of that brutal- of the children and the time of the ber of the judicial police. One human ity probably has something to do with trial; the only trial being held; only rights organization linked the the fact that they are shooting chil- time they have caught the killers of Villatina massacre to the deaths of two dren down in the streets of certain children in the streets of Brazil. police officers the same day and said South American countries right now. Now, am I exaggerating the situa- that because those police officers had I might add, my colleagues, that in tion? Here is another article dated Oc- been killed, they were out to get re- these South American countries there tober 12, 1995 from Inter Press Service, venge on the children before this mas- is a black population. Colombia has, I and it states that a study, according to sacre took place. learned on the radio this morning, 6 the article, a study by the United Na- Now, I only mentioned police and million, at least 6 million, people who tions Children’s Fund, UNICEF, re- make a point about police because po- are of African descent. In Brazil at ported that Colombia’s average of 2,219 lice are an agent of government. Police least half of the people in Brazil are of child killings each year now outstrips are the front line of what people really African descent, and probably, if you the more notorious death by violence want. And when societies have degen- use the general yardstick that is ap- of children in Brazil, where the figure erated to the point where they are kill- plied in America that if you have one was 1,533 annually. ing children and policemen are in- drop of African blood you are of Afri- Now, I am not talking about child volved or turning their back, refuse to can decent, the majority of people in abuse, I am not talking about child investigate, then you know that the so- Brazil are of African descent. deaths as a result of neglect. We are ciety is culpable. It is not something The children who are shot down in talking about children being shot in out there on the outskirts, on the edges the streets are usually black or mixed the streets, children being shot like of society, taking place that does not children in the streets of Colombia; it rats. have approval from a large number of is the black and the mixed children The Colombian city with the highest citizens. who are being murdered in the streets children’s death rate in Medellin, with You know Daniel Goldhagen has of Brazil because they are the bottom 64 children murdered for every 100,000 written a book called ‘‘Hitler’s Willing of the economic ladder, they are the inhabitants. The city of Cali, the third Executioners,’’ and in the book, ‘‘Hit- despised ones who have no safety net, largest city, has 13 deaths per 100,000 ler’s Willing Executioners,’’ Daniel there is no welfare program, there is no children. We know some of these names Goldhagen says that what Hitler did school lunch program, there is no Med- because they are drug centers in Co- could not have happened if the Nazis icaid, there is no program for children lumbia. In the capital of Colombia, Bo- had not taken over the government. with disabilities. So they are thrown gota, they have a better record: Eight They had control of the government, into the streets. children die violently each year per and they had power over people, but This is my introduction to my dis- 100,000 inhabitants. the extent to which the mass murders cussion of the Stand For Children. I ap- Now, I quote these statistics to let occurred, the massacre of 6 million plaud the Stand For Children because you know, you know, in a civilized so- Jewish people occurred, they also had it says a lot about where the majority ciety, and these are civilized societies, to have a willing population, and that of Americans are at this point. they are quasi-democracies in some too many people in the German popu- There was one thing that happened cases, but the situation has deterio- lation cooperated because they had with Stand For Children that disturbed rated to the point where instead of come to the point where they demon- me. Marian Wright Edelman, who is standing for children, the citizens ized Jewish people and saw them as the organizer of this Stand For Chil- stand against children, enough of them subhuman, and because they saw them dren, on last Saturday did a brilliant stand against children to allow this to as subhuman, they could participate in job, and we all know Marian Wright go on day in and day out, night in and these outrageous acts without any con- Edelman on the Hill very well. Repub- night out, and the children are picked science. licans and Democrats are familiar with up in the morning like rats, dead rats. When a society reaches the point the work of the Children’s Defense Human Rights Watch stopped short where frustrations and failure of gov- Fund, and they have done a great job, of describing the widespread murder of ernment and failure of institutions is and they are very knowledgeable about street children as government policy, such that children become a nuisance, the political process. They are non- but it did state that the police agents a threat, and the society begins to de- partisan, and sometimes they have ap- are involved in a broad range of abuse monize its children, then they can do pealed to us to act in a bipartisan way, against minors, including torture, cor- unspeakable things to its children, like but they are political. I was disturbed poral punishment and widespread murder them in the streets like rats. in Marian Wright Edelman’s final killings. Human Rights narrated the Mr. Goldhagen also makes some ref- speech, her closing speech on Saturday story of Frankie, a Bogota street ur- erences to slavery. Slavery took place when she said to people, ‘‘Go back chin who had managed to escape three in a situation where large numbers of home,’’ and she asked them to follow social cleansing operations. It also dis- human beings were treated in a out- God. ‘‘Don’t follow politicians, follow cussed the case of Andres, a child pros- rageous subhuman, criminal manner God.’’ titute who, according to three friends, for 232 years in America. Slavery in Now, by all means they should follow was taken out of the center when he South America lasted longer. Slavery God. But I wonder why she had to say was working by three armed men in South America was more brutal. do not follow politicians. It struck me dressed in police uniforms, and several Slavery in South America did not have as strange and sounded dangerous be- days later this body was found on the the constriction of early laws which cause in my community I have had a outskirts of Bogota. forbade the import of slaves, so for a problem with people putting down poli- The report notes that the most ex- much longer time in South America ticians, not wanting to get involved in treme attack took place November 15, they were importing slaves. And South the political process, not even bother- 1992, when eight children and one adult America was much more brutal in the ing to go out and vote because they are who were members of a community treatment of its slaves because they so fed up with following politicians, group were murdered in Villatina, a were expendable, they did not try to they are fed up with the political proc- marginal barrio of Medellin, in the keep their property alive the way the ess, they do not participate, and there- northwest of Colombia. According to American slave owners did, they did fore the people who do participate and witnesses, the youths were gathered at not set up breeding farms and try to those who have the power are making H5808 CONGRESSIONAL RECORD — HOUSE June 4, 1996 rules and laws which are very much to time horrible things are done by men $3 billion, that was a vote taken. She is the detriment of those people. ‘‘Don’t and women who are making the deci- recapitulating past history over the follow the politicians.’’ sions. Horrible things are done by men last few months, where the Repub- You know it is strange in many ways and women who have the power. God licans tried to cut education and to cut because it lets all of us off the hook. must be very disappointed. job training and to cut summer youth All politicians, Members of Congress, On the other hand, there are men and programs and to cut school lunches, city council members, members of women who do things that God, I am and we stood firm. We took our case to sure, appreciates a great deal and sup- State legislatures, you are off the hook the American people. We made it clear if you do not have responsibility for ports, and in the final analysis I think to everybody out there what was hap- children because we have been told, the that those people who are following pening, and they backed down. But she people have been told, not to follow us. God, doing God’s work, will triumph. is recounting how the votes went down. I do not think Marian Wright But never tell people not to follow poli- These were votes against children. Edelman meant this at all; I am posi- ticians, follow God. Tell them to follow tive she did not, because nobody has the politicians who are in line behind Accept the Senate’s proposal for more political sophistication in Amer- God, and it makes much more sense. higher spending on education. That is a ica than Marian Wright Edelman. But The Children’s Defense Fund cer- vote that is important. Provide a $5,000 it came over that way. For a layman tainly knows that the political process adoption tax credit. That is a vote for listening, it sounds as if we should not requires that you talk to politicians, children on which I think we almost follow politicians, that God, you know, that you confront the Members of Con- had unanimous consent, we almost had cannot be for politicians. gress, confront the Senators, confront every person on both sides of the aisle Some politicians are not following the Members of the House. All that is voting for the $5,000 adoption tax cred- God. You know, the scenario, as I see necessary in order to get things done. it. They note that. That was a vote for I think that the Children’s Defense it, is God is up front there, and if you families and for children. want to get something done through Fund does its homework very well. the political process, you have to have Some of the documents they put out Cut funding for basic education and certain laws change, you have to have clearly show that they do not believe Head Start by 20 percent. Originally programs in this country and public that politicians should not be followed. the Republican majority voted to cut policy in this country which benefit Or maybe what she is really saying is Head Start by $300 million. I am happy children; then to do that you got to get do not follow them, push them; get be- to say that we had yet another vote behind the politicians. God is in front, hind them and push them. Or maybe it where we put it back in. I do not know the politicians are behind God; some of meant that you should get in front of how many Republicans voted to put it them are, some of us are. We are the them with some ropes and pull them, back in, but the bill passed which put advocates of God’s work, we are the ad- because the Children’s Defense Fund the money back in for the Head Start vocates for children. certainly engages us. We are engaged cut. Those are concrete things the in problems with children, and I ap- b 1830 Children’s Defense Fund, the stand for plaud them for that. I applaud them for You have to get behind us. If you are children people, sent around as exam- engaging us year in and year out on ples of votes that impacted on children. going to go in another arena, you want problems related to children. They understand the political process. God to be up front. If you want edu- They gave us a list. They sent it cators and teachers to be up front, get around to all the Members of Congress. They understand clearly. behind them. If you go into the arena This list says, ‘‘Who’s for Kids and In another place they make it clear where you are talking about health Who’s Just Kidding?’’ This came from that the Republicans have come up care and you want the doctors in the the Children’s Defense Fund, the top 10 wanting as a party. As a fact, they say, health care system and the nurses, God kids’ votes in the 104th Congress. In and it is not that they are bipartisan, is up front and the doctors and health after school and summer programs for they are not Democrat or Republican, care system and nurses are behind God. kids, they give a record of how the but they state the facts clearly. I am If you want to accomplish something Congress voted on the after school and going to quote from an item in a letter in this world, you have to do it through summer programs for kids. of March 27, 1996, signed by Marion men and women who make decisions. Cut school lunch, that is another Wright Edelman. This is when the Chil- God is not a dictator. God is not totali- vote that was taken. They give a dren’s Defense Fund first announced it tarian. God has left us with free will. record of how Republicans and Demo- was the prime sponsor for the Stand for God will not intervene in America and crats voted. Cut basic education and Children. deal with whether the Medicaid enti- Head Start and summer jobs, a third tlement stays in place or not. God is vote that was taken which directly im- ‘‘Every child in America needs and not going to come down and deal with pacts on children, on families. Allow deserves a healthy start, a had start, a that directly. God will act through parents to block out violent or sexual fair start, a safe start, and a moral agents. TV shows. That was a vote that di- start in life. Yet this year’s book shows There are some advocates that follow rectly affects children and families. If that we continue as a Nation to leave God and will fight to guarantee that we you stand for children, they indicate millions of our children behind. De- keep Medicaid, because it is a life and that you would have voted yes on that spite overwhelming evidence of child death matter. We must keep the Medic- vote. suffering and neglect, proposals pend- aid entitlement. There are some advo- No. 5, cut student loans and chil- ing in Congress would return America cates who are on the side of God, who dren’s health and nutrition programs. to the past rather than prepare chil- are behind God, who will guarantee We heard a discussion before from our dren for the future; weaken rather than that we have children with disabilities Republican colleagues, that they really strengthen the guaranteed safety net be supported by the Federal Govern- are not cutting student loans and they for children and families during times ment. God will not get involved. God are not cutting children’s programs. of need, recession, and disaster; and de- will not intervene. That is what free The amount of money is increasing, crease rather than increase cost-effec- will is all about. but they do not tell us that the number I am not a theologian or deep philos- of children, the number of students, is tive child investments in order to give opher, because we have gone through increasing, and when you divide the a tax cut to the non-needy. At a time that over and over again. The decision number of children for these programs when more than 15 million children are has been made that God leaves man- into the amount of money, as the chil- poor, over 3 million are abused and ne- kind free to make certain decisions. dren increase, the amount of money is glected, and more than half a million God sits and watches, and he is dis- going down per child. drop out of school, it is essential that appointed sometimes. He must spend a No. 6, restore $3.1 billion in education Congress strengthen rather than shred lot of time crying about the kinds of cuts. We restored that, yet the vote to the Federal guaranteed safety net for decisions that we make. From time to do that is important. Cut education by children. June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5809 ‘‘I hope that you will find this infor- posterity, there is something radically Federal money, but those amounts are mation, including State by State ta- wrong with the reasoning. very important. We even cut those tiny bles contained in the Appendix, valu- I wrote a little rap poem on April 19 amounts. We get the best bargain in able as a resource and as a guide for fu- which talked about this, and said that education in public libraries. For the ture action on behalf of America’s chil- it seems that we are sending a message amount of money spent we get a great- dren. If I or my staff can be of assist- to the fetuses, and I place the situation er return than anywhere else. They ance, please contact,’’ et cetera, et in terms of a message from the new- were cut. cetera; a letter from the Children’s De- born to the fetus. The newborn is say- Summer youth employment, they did fense Fund in March of this year, say- ing ‘‘I’ve arrived here and I find all this mention that in the 10 points that were ing that we still are taking steps that hostility. Stay in there. Don’t come made. The destruction of opportunity threaten children and threaten fami- out here. Don’t come into this mean to learn standards. Most people do not lies. world, you know. ‘‘There is a real dan- know that the Congress passed a reau- Here is a statement that came out ger here.’’ The people who talk about a thorization of the Elementary and Sec- just last week, along with a copy of the right to life make the right to life just ondary Education Act, which had in it top 10 votes for kids. I read from the an empty slogan unless it is accom- an item which called for States to es- statement: ‘‘The record of the Repub- panies by programs and policies which tablish opportunity to learn standards. lican-led 104th Congress on protecting provide an even playing field of oppor- This is all voluntary. States do not our children is truly an outrage. While tunity for all children. have to do it, but if States are going to Republicans talk about a pro-family At that time I was announcing on participate in the program where they agenda, they have voted repeatedly to April 19, 1996, my support, my applause establish curriculum standards and slash funding for education programs, for the Children’s Defense Fund’s call they establish testing standards, the student loans, child nutrition, health for a Stand for Children. Quoting from curriculum standards and testing care for children, foster care and other my entry into the CONGRESSIONAL standards focus on the children. The child protection services, and aid for RECORD on that day, I said, ‘‘On June onus is on the children to live up to the disabled children. The Republican 1st the Children’s Defense Fund is curriculum standards. They are going agenda of the 104th Congress has been sponsoring a great summit in Washing- to be tested. We added, after much de- everything but kid-friendly. In fact, ton called Stand for Children. This is a bate, a set of standards called oppor- it’s been hostile.’’ gathering which deserves the support tunity to learn standards. Opportunity Continuing to quote from the item of all Members of Congress. We should to learn standards mean exactly what distributed by the Children’s Defense all join the Stand for Children on this they say, the opportunity to learn. Fund last week, it says ‘‘This Repub- specific day, and for all the days before You must have standards which talk lican agenda threatens the education and after June 1, Congress should about what opportunities to learn are and well-being of our Nation’s children, refocus on the business of protecting you providing at the State level. Are effectively abandoning the promise and our most precious resource, children the teachers qualified? That is an im- future of America. Without healthy outside of their mothers wombs, as portant opportunity to learn standard. children in good public schools, our well as children inside the wombs.’’ Are the buildings safe and conducive businesses will not be able to compete The I go on to give the rap poem which and modernized so that learning can in the new global economy, and yet I will read later. take place? Does the library have throughout, the Republican agenda es- To close out this particular item that books that are current, or do they have sentially balances the budget on the was circulated last week by the Chil- 35-year-old history books or geography backs of our Nation’s future.’’ dren’s Defense Fund, and I quote again books that are dangerous for children We heard our Republican colleagues from it, ‘‘Fortunately, the Democrats to read, because they read the wrong talk before about how important it is in Congress and the Clinton adminis- information? to get rid of the deficit and to deal tration have successfully fought off Do they have laboratories for science with the budget so children in the fu- many of the damaging cuts that the and math? That is important. Do they ture can not have the burden of having Republicans have put forth. For exam- have laboratories for science? Do they to pay for those programs. The debt ple, Democrats have successfully re- have supplies for the laboratories? All must be eliminated because of the chil- stored most of the education cuts en- of these things are basic, commonsense dren in the future. dorsed by the GOP, and President Clin- items. That is what opportunity to It seems to be a pattern of the Re- ton has vetoed many damaging cuts in learn standards are all about. publican Party that is escalating. It is children’s programs in the GOP welfare b 1845 the children in the womb, they are and budget reconciliation bills.’’ very much concerned about unborn This is material that was distributed, We had a great debate during the children. We all should be, because you despite the fact that this is a non- time when we were reauthorizing the do not have children unless they get partisan group. They just stated the Elementary Secondary Education Act, born. But they are excessively pre- facts. Those are the facts. This is a a great debate among ourselves in the occupied by the unborn children, but nonpartisan group that said they did House. Then when the bill was in con- the minute the children arrive and get not want any politicians to speak. I ac- ference, there was a great debate be- here, they abandon them. cepted that. I was there Saturday. I did tween the House and the Senate, and They do not care what happens to not think it was a great problem that those of us who are in favor of oppor- them in terms of the WIC program and politicians could not speak, Repub- tunity to learn standards prevailed in the program for infants and mothers. licans or Democrats. There were many the authorization process in the 103d They do not care what happens in other voices that ought to be heard. Congress. Lo and behold, it violated all terms of mothers who have to stay But I do have a problem if you tell peo- the rules. The appropriations process, home to take care of their children. ple not to follow politicians, not to fol- this Republican majority, through a They do not care what happens when low any politicians, to put us all in one stealth attack, in the conference proc- the children go to school and have a category. That is very unreal and dan- ess took out the opportunity to learn school lunch program. It is the unborn gerous. standards. child, and then it is the child in the fu- Let me just return to this list. In this They do not want to talk about ways ture, posterity. list of the top 10 votes in the 104th Con- in which we can help children to learn Republicans are concerned about gress, there are some things that are and have that discussed openly the way children who are unborn and they are left out. There are some things that we we discuss testing children. We want to concerned about children who have not need to add. If needs to go beyond 10. test children until they are tested been conceived yet, those in the far fu- We need to bring to light the fact that right out of school, but we do not want ture. There is something wrong with programs that will impact on children to provide a discussion of what are the sudden lapse and the gap between go beyond these 10 areas. qualified teachers and what is an ap- the child who arrives here and the The cuts in public library aid, public propriate set of learning aids in science child in the womb and the children of libraries receive very tiny amounts of and math. We do not want to deal with H5810 CONGRESSIONAL RECORD — HOUSE June 4, 1996 the responsibilities of the local edu- ized, and later on they are murdered. education as being the universe that cation agency, the responsibilities of We want to maintain some sense of civ- they have to deal with. So they are the State government, and the respon- ilization as reflected through how we looking at the total amount for edu- sibilities of the Federal Government. care for the least among us. cation at present and saying that spe- So the destruction of opportunity to So I made a statement at the begin- cial education is getting too much of learn standards should be added to this ning of the markup, which to save time what is available. Let us make more list of votes that hurt kids. I will just read it here. It summarizes available so that you do not have to Last Thursday, in the reauthoriza- some of my concern with IDEA, Indi- cannibalize each other. You do not tion of the Individual with Disabilities viduals with Disability Education Act have to take from one to give to the Education Act that I referred to before reauthorization. I said, and I quote, at other. We have the money in the CIA. at the committee level, the Economic the beginning of this markup, ‘‘It We have the money in the Federal Re- and Educational Opportunities Com- would be useful for all concerned if we serve Bank. We have the $13 billion ad- mittee reauthorized a bill which has a made a sincere effort to move away ditional funding for the Defense De- drastic set of cuts and a drastic set of from sensational headlines about spe- partment. negative provisions which do not ad- cial education and establish a more ob- My colleagues from the other side vance current law but, in my opinion, jective perspective as advocates for who spoke before never said a word they build a beachhead for later de- public education.’’ about increasing defense by $13 billion. struction of the Federal Government’s I am talking about sensational head- We talked about the need to balance participation in programs to educate lines that appeared related to special the budget and need to be more respon- children with disabilities. education being too costly or special sible in government expenditures, but I sit on that committee, and I am education threatening mainstream nobody said anything about $13 billion very much aware of the dangers there; education because it takes money away more than the President asked, which and, of course, the Children’s Defense from the children who are in regular for has been added to the defense budg- Fund could not know exactly the ex- classrooms. That is a situation that et this year. tent of what was happening at the com- has been generated from this Capitol. Quoting again from my own state- mittee level, because the process has This is a situation that the Republican ment, ‘‘Against the background of con- gone on for several weeks. majority has blown out of proportion tinuing monumental waste in B–2 I congratulate the chairman of the and made it appear that there is a bomber programs and excessive farm committee for holding up the process great threat out there to mainstream subsidies, we should alert all members for 3 weeks while a number of programs education flowing from special edu- of the education community to the fact that deal with children with disabil- cation concerns. that there is no need to participate in ities, representatives of organizations, ‘‘This markup is for the purpose of cannibalization among education pro- tried to get them to change critical reauthorizing a program for the most grams. Special education will not parts of the bill. They at least entered needy children in America. In the over- bankrupt the overall education budget. into a dialogue, and for 3 weeks the all constellation of Federal funding, Long overdue increases for all edu- process did not go forward while the IDEA receives only a tiny amount of cation programs is the solution. De- debate took place and the groups were money. $2.3 billion is proposed for monization and scapagoating special involved. grants to States in fiscal year 1996. education promulgates a disaster for Finally, in very critical areas, the Please consider this amount within the overall education funding. majority of the groups agreed; and context of recent exposures of an ‘‘This bill,’’ the reauthorization of they were overridden by two or three unaudited slush fund at the CIA which IDEA, which is to come to the floor of who did not agree on certain critical totaled $4 billion.’’ the House in the next two weeks, ‘‘at- provisions of the bill. Some $2.3 billion is proposed for tacks special education as if it was an One of those critical provisions was grants to the States in the fiscal 1996 enemy. This is a fatal flaw.’’ the provision related to the cessation budget for children with disabilities. ‘‘At the time I think it is appropriate of services for children. Children with That is less than the $4 billion that the to consider the conclusion of Kathleen disabilities now are protected in cur- CIA had unaudited in the slush fund Boundy, Co-director of the Center for rent law. You cannot expel them and that they did not know they had. Let Law and Education, and I quote from throw them out on the streets no mat- us keep our perspective straight. How her and her closing comment on the ter what happens in terms of their can we be bankrupting America by pro- present reauthorization bill. problems in the classroom. You have viding $2.3 billion to the States for ‘‘ ‘Despite the earnest efforts of many to, if you are going to remove them children with disabilities when we have who have attempted to improve this from the classroom, most all States lying around in the CIA $4 billion that bill and existing law, it is our view now under the Federal law are obli- we do not even know we have? that such efforts have ultimately been gated to provide alternative education. ‘‘At the Federal Reserve Bank the unsuccessful in both the Senate and You cannot just throw them out. GAO discovered an unaudited rainy day the House, and that Part B of IDEA, re- In many States, they have State laws fund which totaled $3.7 billion even gardless of its shortcomings, should be which say you cannot throw children though that agency has not had a rainy left alone in 1996.’ ’’ out. Whether they have disabilities or day in 79 years.’’ It is a bill that was not broken, did not, you cannot throw them out of The rainy day fund has been there. not need to be repaired, but is being school without providing them some They have been adding to it. That $3.7 drastically overhauled in the direction alternatives. billion is far more than we appro- of cutting back on the commitment of But there are many States that do priated for children with disabilities, the Federal Government. It will be to not have it. Those children who have sitting around at the Federal Reserve the detriment of children. The neediest disabilities and would for some reason Bank unutilized. Let us keep our per- children in America are children who be expelled would be thrown into a sit- spective and understand. are in special education programs. It is uation where it would be very difficult The problem is not that there is too to their detriment that we have em- for them to, without the support of much money going to special education barked upon a course which may end public schools and public education, needs. The problem is there is too little up cutting back on a long-term com- get an education or to get acclimated. money going to education as a whole. mitment to children in special edu- They would be thrown out there on the The problem is that we have to be con- cation. streets and abandoned. cerned, members of the Education The Senate has a bill that has not That is the worst thing we can do. We Committee and members of all other yet passed the House. It passed out of do not want to go in the direction of committees, with where the money is committee. We hope that the Senate is Brazil and Colombia, South American going. Education cannot be examined understood by all the people out there nations which, by ignoring their chil- in isolation. that care about education and care dren, set up a situation where later on The people in the education commu- about children, we hope they under- their children are despised and demon- nity have come to see the budget for stand that it is not too late. June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5811 Certainly people in the Children’s De- cial education should not be shunted American Psychological Association, fense Fund ought to put this on their there because they have certain dis- Adapted Physical Activity Council, Na- list and consider calling it to the at- cipline problems. tional Consortium of Physical Edu- cation and Recreation For Individuals tention of people that care about chil- b 1900 with Disabilities, National Therapeutic dren in America. If you stand for chil- Recreation Association, National Coa- dren, it is still possible to deal with the All of those things are cut out of the bill. The cessation of services was one lition on Deaf-Blindness, American House legislation H.R. 3268 and the Council of the Blind, Children and Senate bill S. 1578, part of the revisions very important item that we lost on. Adults with Attention Deficit Dis- of special education law, Public Law The majority of the groups that had orders, American Occupational Ther- debated the problem, had discussed the 94–142. It is still possible that we can apy Association, American Association problem with representatives of the on Mental Retardation, Federation of wake up the decisionmakers here in Republican majority in the final analy- Families for Children’s Mental Health. Washington to the fact that they will sis said they could not accept the reau- American Academy of Audiology, Na- hurt children if they go ahead with the thorization bill as it is considering tional Mental Health Association, Na- provisions in this bill which call for a that it has the cessation of services. tional Association of Developmental cessation of services completely for Mr. Speaker, I would like to submit Disabilities Councils, National Parents children who are disciplined for certain Network on Disabilities, Association for the RECORD a letter addressed to problems. for Education and Rehabilitation of the the Honorable WILLIAM F. GOODLING, Without getting into a debate about Blind and Visually Impaired, National chairman of the Committee on Eco- what those particular kinds of prob- Association of School Psychologists, nomic and Educational Opportunities, American Foundation for the blind, lems are, there are some, and I agree from the long list of organizations American Association of University Af- with them wholeheartedly, who take which includes the National Associa- filiated Programs, Joseph P. Kennedy the position that we should never cease tion of School Administrators, the Na- Jr. Foundation, American Academy of services for children, services of any tional Education Association, National Child and Adolescent Psychiatry. Justice For All, The Arc, Council of kind. Cessation of services, the throw- Parent Teacher Association, Council ing of children in the street, will lead Great City Schools, National Associa- for Exceptional Children and many, tion of the Deaf, Convention of Amer- us step by step into where Brazil and many others. I would like to enter it in Colombia are at this point. ican Instructors of the Deaf, American its entirety into the RECORD. Speech-Language-Hearing Association, The provision which relates to the National Association of School Nurses, cessation of services is due to the fact MAY 22, 1996. Hon. WILLIAM F. GOODLING, Washington PAVE, Project PROMPT, that it is perceived that large amounts Chairman, Committee On Economic and Edu- Vermont Parent Information Center. of disruption in classrooms is ruining cational Opportunities, House of Represent- Special Education Action Committee, the education process, and they want atives, Washington, DC. Parent Information Center of Dela- to stop disruption, whether it is by DEAR MR. CHAIRMAN: Our organizations be- ware, Federation for Children with children with disabilities or anybody lieve that all students, even those who break Special Needs, Connecticut Parent Ad- else. school rules, should receive educational and vocacy Center, Inc., Very Special Arts, Discipline is a major problem in edu- related services. In that spirit, we urge your American Counseling Association, strong support for including provisions in American Physical Therapy Associa- cation. Discipline is what I hear teach- the reauthorization of the IDEA that ensure tion, Council of Schools For The Blind, ers talk about all the time. In this Cap- all students have access to appropriate edu- National Council On Independent Liv- itol, we ought to address the problem cational opportunities. Providing quality ing, CAUSE. of discipline. The States do not seem to educational opportunities to children and Center for Access to Resources and Edu- be able to solve the problem and bring youth is a critical component in the develop- cation, National Coalition For Stu- it down to reasonable dimensions. The ment of both individual achievement and in dents With Disabilities Education and cities, the local education agencies are achieving a highly skilled, competitive Legal Defense Fund, National Down workforce. not able to deal with it and bring it Syndrome Congress, Systematic Train- The fact that students with disabilities ing of Military Parents, Washington down to a reasonable dimension. It have unique needs is recognized through the State Special Education Coalition. goes on and on, the problem with dis- policy and practice of collaboration and indi- On the other very important con- cipline. vidualized education programs. (IEPs). Our troversial point that I spoke on, per- So why not deal with the problem of organizations support provisions that would sonnel standards, children with disabil- discipline without invading special help schools balance the rights of students ities are now in a situation where they education? Special education suffers with disabilities with the need to maintain require people who have special train- because large numbers of children who order and discipline in the schools through preventive measures such as appropriate be- ing. That has been recognized for dec- are discipline problems are classified as havioral interventions, additional classroom ades. We have steadily had programs to having a disability. I have complained and student supports, adequate financial develop more teachers, to develop more year in and year out about large num- support and other intervention strategies. people who are able to deal with these bers of African-American males who Should preventive measures not prove ade- problems. This legislation all of a sud- have problems of one kind that lead to quate, however, we believe it is imperative that continuing educational and related den, we not only cut out the develop- discipline problems being shunted off ment programs and the requirement into a category called emotionally dis- services be provided to all students—even those who need to be served in alternative for personnel development but the Re- turbed. settings due to suspensions or expulsions publican majority has put in a waiver We took steps when we reauthorized from the regular settings—in order to help of the requirements, the qualifications the bill several years ago to begin to such students better adapt socially and edu- can be waived for individuals. The deal with this in a constructive way. cationally. waiver is an open door to a complete We wanted to bring more African- We urge you, as the author of the reauthor- retreat from any quality standards for ization bill for IDEA, to include language American teachers into the system. We the personnel. Just as children who are had grants for that. Historically, black that will ensure access to educational and related services for all students with disabil- in math and science classes should be colleges were encouraged to get in- ities, even when they violate school dis- taught by teachers who majored in volved in training of teachers of chil- cipline rules or policies. math and science in college, we think dren with disabilities. Sincerely, that children who have special prob- We wanted to get mothers and fami- American Association of School Admin- lems with respect to disabilities ought lies and communities more in tune to istrators, National Education Associa- to be taught and handled by teachers what was involved in the way programs tion, National Parent Teacher Associa- and personnel who have had training in for children with disabilities, special tion, Council for Exceptional Children, that area. The waiver says that you do education programs operate so that National Association of Secondary not have to do it anymore. Yes, the they would not be victimized one way School Principals, National Easter Seal Society, Bazelon Center for Men- waiver says that it is for a 3-year pe- or the other. The children who needed tal Health Law, National Association riod, that unqualified individuals can the service should have the proper of Protection and Advocacy Systems, teach children who have disabilities for identification, and they should be Learning Disabilities Association, 3 years only. For 3 years you can de- placed. Children who did not need spe- Brain Injury Association. stroy a lot of lives. And the waiver is H5812 CONGRESSIONAL RECORD — HOUSE June 4, 1996 such that large numbers of people will tions which have been thoughtfully which have been thoughtfully crafted over get these 3-year waivers. crafted over many years with the input many years with the input of both recipients The problem is money. School boards of both recipients and providers of and providers of service to children with dis- and local education agencies will see service to children with disabilities. abilities. Obliteration of these requirements themselves saving large amounts of is a contemptuous and hostile act against Obliteration of these requirements is a children with disabilities. No member of this money by accepting unqualified people, contemptuous and hostile act against Committee would ever support the wholesale giving the waivers, saving the money. children with disabilities. No member waiver of standards for science and math In the meantime the children are the of this committee would ever support teachers in the schools located in his or her victims of unqualified personnel who the wholesale waiver of standards for district. Waiving personnel standards only do not know what they are doing. science and math teachers in the serves one ignoble purpose: Compliance can Mr. Speaker, I again made a state- schools located in his or her district. be achieved cheaply. For less money the ment which I would like to read in its Waiving personnel standards only quality of teaching and other services will entirety: serves one ignoble purpose: Compliance most likely be adulterated. Children will This amendment concerns a provi- most certainly be shortchanged. But on the can be achieved cheaply. For less surface, the letter of the law will be met. sion which is at the core of the Federal money, the quality of teaching and Government’s commitment to a free In this bill funding for staff recruitment other services will most likely be adul- and development has been gutted. Efforts to and appropriate education for children terated. overcome the critical shortage of minority with disabilities. Without properly Mr. Speaker, I wish to submit the staff have been abandoned. The problem of trained personnel, the best that chil- statement in its entirety for the qualified staff shortages will be solved super- dren with disabilities can expect is to RECORD. ficially and dishonestly by simply ignoring the need to employ persons who are quali- be warehoused. The worst that will STATEMENT OF HON. MAJOR R. OWENS ‘‘RES- fied. We are civilized leaders agreeing to a happen under the tutelage of the un- TORATION OF PERSONNEL STANDARDS’’ MAY trained and inexperienced will be psy- 30, 1996 savage solution. We would never take the same route to resolve a problem of a short- chological and emotional damage, as This amendment concerns a provision age of airline pilots or a shortage of open- well as a substandard education. which is at the core of the federal govern- heart surgeons. In a letter from the Center for Law ment’s commitment to a Free and Appro- At this point it should be noted that the and Education which I am attaching to priate Education for children with disabil- current law contains a component which this statement, a co-director concludes ities. Without properly trained personnel the would have offset the negative consequences best that children with disabilities can ex- that we should just abandon this effort of the waiver of personnel standards, but this pect is to be warehoused; the worst that will has also been greatly reduced. Provisions and leave the bill alone. often happen under the tutelage of the un- which facilitated the recruitment, training I would like to strongly echo these trained and inexperienced will be psycho- and certification of personnel have been sentiments. IDEA, Individuals with logical and emotional damage, as well as a adulterated. During the negotiations with Disabilities Education Act, was not substandard education. broken. The current law did not need In a letter from the Center For Law and the Consensus group it was generally as- Education which I am attaching to this sumed that these provisions would remain to be overhauled. The current law did substantially as they are in current law. The not need to be replaced. This bill is not statement the Co-Director of the Center, Kathleen Boundy, concludes as follows: Republican Majority, unfortunately, vio- a reauthorization. The bill that passed ‘‘Despite the earnest efforts of many who lated the good faith effort of the negotiators out of committee last Thursday is an have attempted to improve this bill and ex- and destroyed and most relevant parts of attack to establish a beachhead. From isting law, it is our view that such efforts this component. this beachhead the Republican major- have ultimately been unsuccessful in both In summary, I urge the adoption of this ity, which has already drastically indi- the Senate and the House and that Part B of amendment as the first giant step away from cated its contempt for all public edu- IDEA, regardless of its shortcomings, should this bill’s oppressive posture against chil- dren with disabilities. This oppressive pos- cation, will attempt a total annihila- be left alone in 1996.’’ I would like to strongly echo these senti- ture of the Republican Majority generates an tion of Federal support for special edu- ments. IDEA was not broken. The current impact which is destructive and deadly. cation. law did not need to be overhauled. The Cur- Let us move forward in a bi-partisan spirit Like a sledgehammer pounding away rent law did not need to be replaced. This to ensure that this body creates the proper at a thumb tack, massive power is bill is not a reauthorization. This bill is an federal legislation and resources to provide being brought to bear on programs for attack to establish a beachhead. From this quality programs and quality staff for chil- the education of children with disabil- beachhead the Republican Majority, which dren with disabilities. ities, a very tiny component of public has already dramatically indicated its con- Mr. Speaker, I would like to say that education in America. A slander cam- tempt for all public education, will attempt standing for children means that you a total annihilation of federal support for stand for children with disabilities, and paign waged against special education Special Education. has generated distorted perceptions Like a sledge hammer pounding away at a you stand for policies that are going to which scapegoat a very productive and thumb tack, massive power is being brought promote children across the board. We beneficial program. Despite these dis- to bear on programs for the education of are fortunate in this Nation that we torted perceptions, special education is children with disabilities, a very tiny compo- presently do stand for children. Never in no way a threat to mainstream edu- nent of public education in America. A slan- let us go to the other extreme and be in cation. This tiny minority deserves der campaign waged against Special Edu- the position of Brazil and Colombia cation has generated distorted perceptions where they are killing children instead fairer treatment at the hands of the which scapegoat a very productive and bene- education majority. This minimal pro- ficial program. Despite these distorted per- of standing for children. We stand for gram for the most needy students also ceptions, Special Education is in no way a children and we should continue to deserves continued support from both threat to mainstream education. This tiny stand for children. Democrats and the Republican major- minority deserves fairer treatment at the f ity. hands of the education majority. This mini- I congratulate the community of peo- mal program for the most needy students, SPECIAL ORDERS GRANTED ple with disabilities and their consen- also deserves continued support from both By unanimous consent, permission to Democrats and the Republican majority. address the House, following the legis- sus group which launched a monu- I congratulate the community of people mental effort to maintain workable with disabilities and their consensus group lative program and any special orders legislation consistent with the original which launched a monumental effort to heretofore entered, was granted to: intent of the law and bowing to no par- maintain workable legislation consistent (The following Member (at the re- tisan dogmas. The language before us with the original intent of the law and bow- quest of Mr. ABERCROMBIE) to revise is in many ways improved beyond the ing to no partisan dogmas. The language be- and extend her remarks and include ex- original doctrinaire attack as a result fore is in many ways improved beyond the traneous material:) of the efforts of these negotiators. But original doctrinaire attack as a result of the Mrs. MINK of Hawaii, for 5 minutes, the revisions do not go far enough in efforts of these negotiators. But the revi- today. sions do not go far enough in several fun- (The following Member (at the re- several fundamental areas. Personnel damental areas. Personnel standards is one standards is one of these areas. of these areas. quest of Mr. BARRETT of Nebraska) to This bill, with premeditated stealth, This bill, with premeditated stealth, revise and extend his remarks and in- wrecks the carefully developed protec- wrecks the carefully developed protections clude extraneous material:) June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5813

Mr. MCINTOSH, for 5 minutes, on June Mr. KENNEDY of Massachusetts. Mr. CHRISTENSEN. 6. Mr. STARK. Mr. SHUSTER. f Mr. DEUTSCH. Mrs. KELLY in two instances. Mr. HAMILTON. EXTENSION OF REMARKS Mr. RICHARDSON. Mr. BROWN of California. Mr. HUNTER in two instances. By unanimous consent, permission to Mr. STUPAK in two instances. Mr. TORRES. revise and extend remarks was granted (The following Members (at the re- Mr. ACKERMAN. to: quest of Mr. BARRETT of Nebraska) and Mr. NEUMANN. (The following Members (at the re- to include extraneous matter:) Mr. GALLEGLY. quest of Mr. ABERCROMBIE) and to in- Mrs. MORELLA. Mr. SANDERS. clude extraneous matter:) Mr. HOKE. Mr. HOYER. Mr. SOLOMON. f Mr. FAZIO of California in two in- Mr. PORTER. stances. Mr. GILMAN. ADJOURNMENT Mr. LIPINSKI. Mr. FRANKS of New Jersey. Mr. OWENS. Mr. Speaker, I move Mrs. MEEK of Florida. Mr. SMITH of New Jersey. Mr. BENTSEN in two instances. (The following Members (at the re- that the House do now adjourn. Mr. LEVIN in two instances. quest of Mr. OWENS) and to include ex- The motion was agreed to; accord- Mr. BERMAN. traneous matter:) ingly (at 7 o’clock and 5 minutes p.m.), Mr. WAXMAN. Mrs. CLAYTON. the House adjourned until tomorrow, Mr. MENENDEZ. Mr. KENNEDY of Massachusetts. Wednesday, June 5, 1996, at 10 a.m. h

EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports and an amended report concerning the foreign currencies and U.S. dollars utilized by various individuals and delegations authorized by the Speaker of the House of Representatives during the fourth quarter of 1995 and the 1st quar- ter of 1996 in connection with official foreign travel, pursuant to Public Law 95–384, are as follows: AMENDED REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO BOSNIA, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN DEC. 9 AND DEC. 12, 1995

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Greg Ganske ...... 12/9 12/10 Italy ...... 188.00 ...... 188.00 12/10 12/11 Yugoslavia ...... 140.00 ...... 26.19 ...... 43.79 ...... 209.98 12/11 12/13 Croatia ...... 188.00 ...... 34.94 ...... 222.94 Julie Pacquing ...... 12/9 12/10 Italy ...... 188.00 ...... 188.00 12/10 12/11 Yugoslavia ...... 140.00 ...... 26.19 ...... 43.79 ...... 209.98 12/11 12/13 Croatia ...... 188.00 ...... 34.94 ...... 222.94 Terry Peel ...... 12/9 12/10 Italy ...... 188.00 ...... 188.00 12/10 12/11 Yugoslavia ...... 140.00 ...... 26.19 ...... 43.79 ...... 209.98 12/11 12/13 Croatia ...... 188.00 ...... 34.94 ...... 222.94 Dudley Tadami ...... 12/9 12/10 Italy ...... 188.00 ...... 188.00 12/10 12/11 Yugoslavia ...... 140.00 ...... 26.19 ...... 43.79 ...... 209.98 12/11 12/13 Croatia ...... 188.00 ...... 34.94 ...... 222.94 Barry Jackson ...... 12/9 12/10 Italy ...... 188.00 ...... 188.00 12/10 12/11 Yugoslavia ...... 140.00 ...... 26.19 ...... 43.79 ...... 209.88 12/11 12/13 Croatia ...... 188.00 ...... 34.94 ...... 222.94 Jim Varey ...... 12/9 12/10 Italy ...... 188.00 ...... 188.00 12/10 12/11 Yugoslavia ...... 140.00 ...... 26.19 ...... 43.79 ...... 209.98 12/11 12/13 Croatia ...... 188.00 ...... 34.94 ...... 222.94 Hon. Sam Farr ...... 12/9 12/10 Italy ...... 188.00 ...... 188.00 12/10 12/11 Yugoslavia ...... 140.00 ...... 26.19 ...... 43.79 ...... 209.98 12/11 12/13 Croatia ...... 188.00 ...... 34.94 ...... 222.94 Hon. Frank Mascara ...... 12/9 12/10 Italy ...... 188.00 ...... 188.00 12/10 12/11 Yugoslavia ...... 140.00 ...... 26.19 ...... 43.79 ...... 209.98 12/11 12/13 Croatia ...... 188.00 ...... 34.94 ...... 222.94 Hon. Roger Wicker ...... 12/9 12/10 Italy ...... 188.00 ...... 188.00 12/10 12/11 Yugoslavia ...... 140.00 ...... 26.19 ...... 43.79 ...... 209.98 12/11 12/13 Croatia ...... 188.00 ...... 34.94 ...... 222.94 Hon. John Mica ...... 12/9 12/10 Italy ...... 188.00 ...... 188.00 12/10 12/11 Yugoslavia ...... 140.00 ...... 26.19 ...... 43.79 ...... 209.98 12/11 12/13 Croatia ...... 188.00 ...... 34.94 ...... 222.94 Hon. Maurice Hinchey ...... 12/9 12/10 Italy ...... 188.00 ...... 188.00 12/10 12/11 Yugoslavia ...... 140.00 ...... 26.19 ...... 43.79 ...... 209.98 12/11 12/13 Croatia ...... 188.00 ...... 34.94 ...... 222.94 Hon. Dan Miller ...... 12/9 12/10 Italy ...... 188.00 ...... 188.00 12/10 12/11 Yugoslavia ...... 140.00 ...... 26.19 ...... 43.79 ...... 209.98 12/11 12/13 Croatia ...... 188.00 ...... 34.94 ...... 222.94 Hon. Frank Riggs ...... 12/9 12/10 Italy ...... 188.00 ...... 188.00 12/10 12/11 Yugoslavia ...... 140.00 ...... 26.19 ...... 43.79 ...... 209.98 12/11 12/13 Croatia ...... 188.00 ...... 34.94 ...... 222.94 Hon. Helen Chenoweth ...... 12/9 12/10 Italy ...... 188.00 ...... 188.00 12/10 12/11 Yugoslavia ...... 140.00 ...... 26.19 ...... 43.79 ...... 209.98 12/11 12/13 Croatia ...... 188.00 ...... 34.94 ...... 222.94 Hon. Jim Bunn ...... 12/9 12/10 Italy ...... 188.00 ...... 188.00 12/10 12/11 Yugoslavia ...... 140.00 ...... 26.19 ...... 43.79 ...... 209.98 12/11 12/13 Croatia ...... 188.00 ...... 34.94 ...... 222.94 Ray Mock ...... 12/9 12/10 Italy ...... 188.00 ...... 188.00 12/10 12/11 Yugoslavia ...... 140.00 ...... 26.19 ...... 43.79 ...... 209.98 12/11 12/13 Croatia ...... 188.00 ...... 34.94 ...... 222.94 Hon. Martin Hoke ...... 12/9 12/10 Italy ...... 188.00 ...... 188.00 12/10 12/11 Yugoslavia ...... 140.00 ...... 26.19 ...... 43.79 ...... 209.98 12/11 12/13 Croatia ...... 188.00 ...... 34.94 ...... 222.94 Hon. Van Hilleary ...... 12/9 12/10 Italy ...... 188.00 ...... 188.00 12/10 12/11 Yugoslavia ...... 140.00 ...... 26.19 ...... 43.79 ...... 209.98 12/11 12/13 Croatia ...... 188.00 ...... 34.94 ...... 222.94 Hon. Jennifer Dunn ...... 12/9 12/10 Italy ...... 188.00 ...... 188.00 12/10 12/11 Yugoslavia ...... 140.00 ...... 26.19 ...... 43.79 ...... 209.98 12/11 12/13 Croatia ...... 188.00 ...... 34.94 ...... 222.94 Hon. Andrea Seastrand ...... 12/9 12/10 Italy ...... 188.00 ...... 188.00 12/10 12/11 Yugoslavia ...... 140.00 ...... 26.19 ...... 43.79 ...... 209.98 12/11 12/13 Croatia ...... 188.00 ...... 34.94 ...... 222.94 Hon. Ron Packard ...... 12/9 12/10 Italy ...... 188.00 ...... 188.00 12/10 12/11 Yugoslavia ...... 140.00 ...... 26.19 ...... 43.79 ...... 209.98 12/11 12/13 Croatia ...... 188.00 ...... 34.94 ...... 222.94 Committee totals ...... 10,836.00 ...... 549.99 ...... 1,653.33 ...... 13,039.32 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. RON PACKARD, May 28, 1996. H5814 CONGRESSIONAL RECORD — HOUSE June 4, 1996 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO ITALY, BOSNIA, CROATIA, AND HUNGARY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 29 AND MAR. 4, 1996

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Sonny Callahan ...... 3/1 3/2 Italy ...... 200.00 ...... (3) ...... 200.00 Hon. Charles Wilson ...... 3/1 3/2 Italy ...... 200.00 ...... (3) ...... 200.00 Hon. Bob Stump ...... 3/1 3/2 Italy ...... 200.00 ...... (3) ...... 200.00 Hon. Bob Dornan ...... 3/1 3/2 Italy ...... 200.00 ...... (3) ...... 200.00 Hon. Esteban Torres ...... 3/1 3/2 Italy ...... 200.00 ...... (3) ...... 200.00 Hon. Charles Taylor ...... 3/1 3/2 Italy ...... 200.00 ...... (3) ...... 200.00 Hon. Richard Hastings ...... 3/1 3/2 Italy ...... 200.00 ...... (3) ...... 200.00 Hon. Mac Thornberry ...... 3/1 3/2 Italy ...... 200.00 ...... (3) ...... 200.00 Hon. Victor Frazer ...... 3/1 3/2 Italy ...... 200.00 ...... (3) ...... 200.00 Hon. W. Livingood ...... 3/1 3/2 Italy ...... 200.00 ...... (3) ...... 200.00 Charles Flickner ...... 3/1 3/2 Italy ...... 200.00 ...... (3) ...... 200.00 Bill Inglee ...... 3/1 3/2 Italy ...... 200.00 ...... (3) ...... 200.00 Brett O’Brien ...... 3/1 3/2 Italy ...... 200.00 ...... (3) ...... 200.00 Mark Murray ...... 3/1 3/2 Italy ...... 200.00 ...... (3) ...... 200.00 Hon. Sonny Callahan ...... 3/2 3/3 Croatia ...... 280.00 ...... (3) ...... 280.00 Hon. Charles Wilson ...... 3/2 3/3 Croatia ...... 280.00 ...... (3) ...... 280.00 Hon. Bob Stump ...... 3/2 3/3 Croatia ...... 280.00 ...... (3) ...... 280.00 Hon. Bob Dornan ...... 3/2 3/3 Croatia ...... 280.00 ...... (3) ...... 280.00 Hon. Esteban Torres ...... 3/2 3/3 Croatia ...... 280.00 ...... (3) ...... 280.00 Hon. Charles Taylor ...... 3/2 3/3 Croatia ...... 280.00 ...... (3) ...... 280.00 Hon. Richard Hastings ...... 3/2 3/3 Croatia ...... 280.00 ...... (3) ...... 280.00 Hon. Mac Thornberry ...... 3/2 3/3 Croatia ...... 280.00 ...... (3) ...... 280.00 Hon. Victor Frazer ...... 3/2 3/3 Croatia ...... 280.00 ...... (3) ...... 280.00 Hon. W. Livingood ...... 3/2 3/3 Croatia ...... 280.00 ...... (3) ...... 280.00 Charles Flickner ...... 3/2 3/3 Croatia ...... 280.00 ...... (3) ...... 280.00 Bill Inglee ...... 3/2 3/3 Croatia ...... 280.00 ...... (3) ...... 280.00 Brett O’Brien ...... 3/2 3/3 Croatia ...... 280.00 ...... (3) ...... 280.00 Mark Murray ...... 3/2 3/3 Croatia ...... 280.00 ...... (3) ...... 280.00 Hon. Sonny Callahan ...... 3/3 3/4 Hungary ...... 212.00 ...... (3) ...... 212.00 Hon. Charles Wilson ...... 3/3 3/4 Hungary ...... 212.00 ...... (3) ...... 212.00 Hon. Bob Stump ...... 3/3 3/4 Hungary ...... 212.00 ...... (3) ...... 212.00 Hon. Bob Dornan ...... 3/3 3/4 Hungary ...... 212.00 ...... (3) ...... 212.00 Hon. Esteban Torres ...... 3/3 3/4 Hungary ...... 212.00 ...... (3) ...... 212.00 Hon. Charles Taylor ...... 3/3 3/4 Hungary ...... 212.00 ...... (3) ...... 212.00 Hon. Richard Hastings ...... 3/3 3/4 Hungary ...... 212.00 ...... (3) ...... 212.00 Hon. Mac Thornberry ...... 3/3 3/4 Hungary ...... 212.00 ...... (3) ...... 212.00 Hon. Victor Frazer ...... 3/3 3/4 Hungary ...... 212.00 ...... (3) ...... 212.00 W. Livingood ...... 3/3 3/4 Hungary ...... 212.00 ...... (3) ...... 212.00 Charles Flickner ...... 3/3 3/4 Hungary ...... 212.00 ...... (3) ...... 212.00 Bill Inglee ...... 3/3 3/4 Hungary ...... 212.00 ...... (3) ...... 212.00 Brett O’Brien ...... 3/3 3/4 Hungary ...... 212.00 ...... (3) ...... 212.00 Mark Murray ...... 3/3 3/4 Hungary ...... 212.00 ...... (3) ...... 212.00 Committee Total ...... 9,688.00 ...... 9,688.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. SONNY CALLAHAN, Chairman, Apr. 1, 1996.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, MR. GARDNER PECKHAM, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 12 AND FEB. 24, 1996

Date Per diem Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Gardner Peckham ...... 2/12 2/14 Germany ...... 301.00 ...... 2/14 2/21 Bosnia ...... 1,288.00 ...... 2/21 2/22 Croatia ...... 228.00 ...... 2/22 2/24 Italy ...... 337.00 ...... 1,515.75 ...... 3,669.75

Committee total ...... 2,154.00 ...... 1,515.75 ...... 3,669.75 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. GARDNER G. PECKHAM, Mar. 18, 1996. h

EXECUTIVE COMMUNICATIONS, 3297. A letter from the Administrator, Ag- has served satisfactorily on active duty in ETC. ricultural Marketing Service, transmitting his current grade; to the Committee on Na- the Service’s final rule—Southeastern Pota- tional Security. Under clause 2 of rule XXIV, execu- toes; Assessment Rate (Docket No. FV96–953– tive communications were taken from 1IFR) received May 31, 1996, pursuant to 5 3300. A letter from the Assistant Secretary the Speaker’s table and referred as fol- U.S.C. 801(a)(1)(A); to the Committee on Ag- for Legislative Affairs and Public Liaison, lows: riculture. Department of the Treasury, transmitting a 3298. A letter from the Assistant Secretary copy of the 13th monthly report as required 3295. A letter from the Administrator, Ag- of Defense, transmitting the Department’s ricultural Marketing Service, transmitting by the Mexican Debt Disclosure Act of 1995, report entitled ‘‘Off-The-Shelf Systems’’ a pursuant to Public Law 104–6, section 404(a) the Service’s final rule—Idaho-Eastern Or- supplemental report to the section 366 Na- (109 Stat. 90); to the Committee on Banking egon Onions; Assessment Rate (Docket No. tional Defense Authorization Act, fiscal year FV96–958–21FR) received May 31, 1996, pursu- 1996 report, which was submitted April 16, and Financial Services. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 1996, and numbered EC2378, pursuant to Pub- 3301. A letter from the Assistant to the on Agriculture. lic Law 104–106, section 366(c)(1) (110 Stat. Board, Federal Reserve System, transmit- 3296. A letter from the Administrator, Ag- 276); to the Committee on National Security. ting the Reserve’s final rule—Regulation E, ricultural Marketing Service, transmitting 3299. A letter from the Secretary of De- Electronic Fund Transfers [Docket No. R– the Service’s final fule—Oregon-California fense, transmitting notification that the Potatoes; Assessment Rate (Docket No. Secretary has approved the retirement of Lt. 0830] received May 30, 1996, pursuant to 5 FV96–947–1IFR) received May 31, 1996, pursu- Gen. Arthur E. Williams, U.S. Army, on the U.S.C. 801(a)(1)(A); to the Committee on ant to 5 U.S.C. 801(a)(1)(A); to the Committee retired list in the grade of lieutenant gen- Banking and Financial Services. on Agriculture. eral, and certification that General Williams June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5815 3302. A letter from the Assistant to the audit followup, pursuant to 5 U.S.C. app. islation to authorize subsistence payment Board, Federal Reserve System, transmit- (Insp. Gen. Act) section 5(b); to the Commit- for employees performing certain duties; to ting the Reserve’s final rule—Amendments tee on Government Reform and Oversight. the Committee on Government Reform and to the Bank Secrecy Act Regulations Relat- 3313. A letter from the Chairman, Council Oversight. ing to the Recordkeeping for Funds Trans- of the District of Columbia, transmitting a 3324. A letter from the Director, United fers and Transmittals of Funds by Financial copy of D.C. Act 11–269, ‘‘Omnibus Sports States Information Agency, transmitting the Institutions [Docket No. R–0807] (RIN: 1505– Consolidation Act Amendment Act of 1996’’ semiannual report on activities of the in- AA37) received May 30, 1996, pursuant to 5 received June 3, 1996, pursuant to D.C. Code, spector general for the period October 1, 1995, U.S.C. 801(a)(1)(A); to the Committee on section 1–233(c)(1); to the Committee on Gov- through March 31, 1996, and the semiannual Banking and Financial Services. ernment Reform and Oversight. management report for the same period, pur- 3303. A letter from the Director, Office of 3314. A letter from the Chairman, Council suant to 5 U.S.C. app. (Insp. Gen. Act) sec- Management and Budget, transmitting of the District of Columbia, transmitting a tion 5(b); to the Committee on Government OMB’s estimate of the amount of change in copy of D.C. Act 11–270, ‘‘Public Utilities Reform and Oversight. outlays or receipts, as the case may be, in Board of Directors Amendment Act of 1996’’ 3325. A letter from the Chairman, U.S. each fiscal year through fiscal year 2002 re- received June 3, 1996, pursuant to D.C. Code, International Trade Commission, transmit- sulting from passage of H.R. 1836, pursuant section 1–233(c)(1); to the Committee on Gov- ting the semiannual report on activities of to Public Law 101–508, section 13101(a) (104 ernment Reform and Oversight. the inspector general for the period October Stat. 1388–582); to the Committee on the 3315. A letter from the Chairman, Council 1, 1995, through March 31, 1996, pursuant to 5 Budget. of the District of Columbia, transmitting a U.S.C. app. (Insp. Gen. Act) section 5(b); to 3304. A letter from the Acting Commis- copy of D.C. Act 11–271, ‘‘District of Colum- the Committee on Government Reform and sioner, National Center for Education Statis- bia Income and Franchise Tax Act of 1947 Oversight. tics, transmitting the annual statistical re- Conformity Amendment Act of 1996’’ re- 3326. A letter from the Secretary of the In- port of the National Center for Education ceived June 3, 1996, pursuant to D.C. Code, terior, transmitting the 25th annual report Statistics [NCES] entitled ‘‘The Condition of section 1–233(c)(1); to the Committee on Gov- of the actual operation during water year Education,’’ pursuant to 20 U.S.C. 9005; to ernment Reform and Oversight. 1995 for the reservoirs along the Colorado the Committee on Economic and Edu- 3316. A letter from the Chairman, Council River; projected plan of operation for water cational Opportunities. of the District of Columbia, transmitting a year 1996, pursuant to 43 U.S.C. 1552(b); to 3305. A letter from the Director, Office of copy of D.C. Act 11–272, ‘‘Child Support En- the Committee on Resources. Regulatory Management and Information, forcement Temporary Amendment Act of 3327. A letter from the Assistant Secretary Environmental Protection Agency, transmit- 1996’’ received June 3, 1996, pursuant to D.C. for Fish and Wildlife and Parks, Department ting the Agency’s final rule—Nevada; Final Code, section 1–233(c)(1); to the Committee of the Interior, transmitting the Depart- Authorization of State Hazardous Waste on Government Reform and Oversight. ment’s final rule—Glacier Bay National Management Programs Revisions (FRL–5510– 3317. A letter from the Chairman, Council Park, Alaska: Vessel Management Plan Reg- 9) received May 31, 1996, pursuant to 5 U.S.C. of the District of Columbia, transmitting a ulations (National Park Service) (RIN: 1024– 801(a)(1)(A); to the Committee on Commerce. copy of D.C. Act 11–273, ‘‘Department of Cor- AC05) received May 30, 1996, pursuant to 5 3306. A letter from the Director, Office of rections Privatization Facilitation Tem- U.S.C. 801(a)(1)(A); to the Committee on Re- Regulatory Management and Information, porary Act of 1996’’ received June 3, 1996, pur- sources. Environmental Protection Agency, transmit- suant to D.C. Code, section 1–233(c)(1); to the 3328. A letter from the Program Manage- ting the Agency’s final rule—Acid Rain Pro- Committee on Government Reform and ment Officer, National Oceanic and Atmos- gram; Elimination of Direct Sale Program Oversight. pheric Administration, transmitting the and IPP Written Guarantee (FRL–5513–4) re- 3318. A letter from the Chairman, Council Service’s final rule—General Provisions for ceived May 31, 1996, pursuant to 5 U.S.C. of the District of Columbia, transmitting a Domestic Fisheries; Amendment of Emer- 801(a)(1)(A); to the Committee on Commerce. copy of D.C. Act 11–274, ‘‘Business and Non- gency Fishing Closure in Block Island Sound 3307. A letter from the Director, Office of profit Corporation Five-Year Annual Report [Docket No. 960126016–6105–03; I.D. 040896B] Regulatory Management and Information, Act Suspension Temporary Amendment Act received June 4, 1996, pursuant to 5 U.S.C. Environmental Protection Agency, transmit- of 1996’’ received June 3, 1996, pursuant to 801(a)(1)(A); to the Committee on Resources. ting the Agency’s final rule—Hazardous D.C. Code, section 1–233(c)(1); to the Commit- 3329. A letter from the Program Manage- Waste Treatment, Storage, and Disposal Fa- tee on Government Reform and Oversight. ment Officer, National Oceanic and Atmos- cilities and Hazardous Waste Generators; Or- 3319. A letter from the Director for Execu- pheric Administration, transmitting the ganic Air Emission Standards for Tanks, tive Budgeting and Assistance Management, Service’s final rule—General Provisions for Surface Impoundments and Containers Department of Commerce, transmitting the Domestic Fisheries; Amendment to Closure (Amendment of final rule to postpone re- Department’s final rule—Uniform Adminis- for American Lobster in Block Island Sound quirements) (FRL–5509–4) received June 3, trative Requirements for Grants and Cooper- [Docket No. 960126016–6149–05; I.D. 052196G] 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the ative Agreements to State and Local Gov- received June 4, 1996, pursuant to 5 U.S.C. Committee on Commerce. ernments (RIN: 0605–AA10) received May 28, 801(a)(1)(A); to the Committee on Resources. 3308. A letter from the Managing Director, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the 3330. A letter from the Secretary of the In- Federal Communications Commission, trans- Committee on Government Reform and terior, transmitting notification of the Sec- mitting the Commission’s final rule— Oversight. retary’s decision to waive the 20-percent lim- Amendment of the Commission’s Rules to 3320. A letter from the Chairman, Board of itation for projects in the State of California Conform the Maritime Service Rules to the Governors, Federal Reserve Systems, trans- (the San Sevaine Creek Water Project) noti- Provisions of the Telecommunications Act of mitting the semiannual report on activities fication received May 29, 1996; to the Com- 1996 (FCC 96–156) received May 21, 1996, pursu- of the inspector general for the period Octo- mittee on Resources. ant to 5 U.S.C. 801(a)(1)(A); to the Committee ber 1, 1995, through March 31, 1996, and the 3331. A letter from the Secretary of the In- on Commerce. semiannual management report for the same terior, transmitting notification that the 3309. A letter from the Secretary of En- period, pursuant to 5 U.S.C. app. (Insp. Gen. County of San Bernardino (San Sevaine ergy, transmitting the annual report on the Act) section 5(b); to the Committee on Gov- Creek Water Project) has applied for finan- activities of the Office of Alcohol Fuels, pur- ernment Reform and Oversight. cial assistance under the Small Reclamation suant to 42 U.S.C. 8818(c)(2); to the Commit- 3321. A letter from the Director, Office of Projects Act of 1956 (70 Stat. 1044), as amend- tee on Commerce. Personnel Management, transmitting the ed, to provide flood protection, up to 25,000 3310. A letter from the Assistant Legal Ad- semiannual report on activities of the in- acre-feet of annual ground-water recharge to viser for Treaty Affairs, Department of spector general for the period October 1, 1995, the Chino Groundwater Basin, and direct State, transmitting copies of international through March 31, 1996, and the management benefit to an agricultural area of 29,500 agreements, other than treaties, entered into response for the same period, pursuant to 5 acres; to the Committee on Resources. by the United States, pursuant to 1 U.S.C. U.S.C. app. (Insp. Gen. Act) section 5(b); to 3332. A letter from the Assistant Attorney 112b(a); to the Committee on International the Committee on Government Reform and General of the United States, transmitting a Relations. Oversight. draft of proposed legislation to strengthen 3311. A letter from the Acting Assistant 3322. A letter from the Chairman, Board of Federal child protection laws; to the Com- Secretary for Legislative Affairs, Depart- Directors, Panama Canal Commission, trans- mittee on the Judiciary. ment of State, transmitting the Depart- mitting the semiannual report on activities 3333. A letter from the Commissioner, Im- ment’s report pursuant to title II of Public of the inspector general for the period Octo- migration and Naturalization Service, trans- Law 104–107 (Nonproliferation and Disar- ber 1, 1995, through March 31, 1996, also the mitting the Service’s final rule—Certifi- mament Fund [NDF] activities); to the Com- Commission’s statistical tables and accom- cation of Designated Fingerprinting Services mittee on International Relations. panying comments on audit reports for the [INS No. 1666–94] (RIN: 1115–AD75) received 3312. A letter from the Secretary of the In- same period, pursuant to 5 U.S.C. app. (Insp. May 29, 1996, pursuant to 5 U.S.C. terior, transmitting the semiannual report Gen. Act) section 5(b); to the Committee on 801(a)(1)(A); to the Committee on the Judici- on activities of the inspector general for the Government Reform and Oversight. ary. period October 1, 1995, through March 31, 3323. A letter from the Secretary of Agri- 3334. A letter from the General Counsel, 1996, together with the Secretary’s report on culture, transmitting a draft of proposed leg- Department of Transportation, transmitting H5816 CONGRESSIONAL RECORD — HOUSE June 4, 1996 the Department’s final rule—Continued Ro- the Department’s final rule—Revision of 3354. A letter from the General Counsel, tation and Rotor Locking Tests, and Vibra- Class E Airspace; Belen, NM—Docket No. 95– Department of Transportation, transmitting tion and Vibration Tests (Federal Aviation ASW–25 (Federal Aviation Administration) the Department’s final rule—Airworthiness Administration) (RIN: 2120–AF57) received (RIN: 2120–AA66) (1996–0038) received June 3, Directives; Fokker Model F28 Mark 0100 Se- June 3, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the ries Airplanes (Docket No. 95–NM–172–AD) to the Committee on Transportation and In- Committee on Transportation and Infra- (RIN: 2120–AA64) received June 3, 1996, pursu- frastructure. structure. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 3335. A letter from the General Counsel, 3345. A letter from the General Counsel, on Transportation and Infrastructure. Department of Transportation, transmitting Department of Transportation, transmitting 3355. A letter from the General Counsel, the Department’s final rule—Child Restraint the Department’s final rule—Revision of Department of Transportation, transmitting Systems (Federal Aviation Administration) Class E Airspace; Mena, AR—Docket No. 95– the Department’s final rule—Airworthiness (RIN: 2120–AF52) received June 3, 1996, pursu- ASW–24 (Federal Aviation Administration) Directives; Beech (Raytheon) Model BAe 125 ant to 5 U.S.C. 801(a)(1)(A); to the Committee (RIN: 2120–AA66) (1996–0034) received June 3, Series 1000A and Model Hawker 1000 Air- on Transportation and Infrastructure. 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the planes (Docket No. 95–NM–180–AD) (RIN: 3336. A letter from the General Counsel, Committee on Transportation and Infra- 2120–AA64) received June 3, 1996, pursuant to Department of Transportation, transmitting structure. 5 U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule—IFR Altitudes; 3346. A letter from the General Counsel, Transportation and Infrastructure. Miscellaneous Amendments (53)—Amend- Department of Transportation, transmitting 3356. A letter from the General Counsel, ment No. 396 (Federal Aviation Administra- the Department’s final rule—Establishment Department of Transportation, transmitting tion) (RIN: 2120–AF63) (1996–0003) received of Class E Airspace; Galliano LA—Docket the Department’s final rule—Airworthiness June 3, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); No. 95–ASW–23 (Federal Aviation Adminis- Directives; McDonnell Douglas Model DC–9– to the Committee on Transportation and In- tration) (RIN: 2120–AA66) (1996–0033) received 80 Series Airplanes, Model MD–88, and MD–90 frastructure. June 3, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); Airplanes (Docket No. 95–NM–188–AD) (RIN: 3337. A letter from the General Counsel, to the Committee on Transportation and In- 2120–AA64) received June 3, 1996, pursuant to Department of Transportation, transmitting frastructure. 5 U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule—Establishment 3347. A letter from the General Counsel, Transportation and Infrastructure. of Class E Airspace; Tallulah, LA—Docket Department of Transportation, transmitting 3357. A letter from the Chairman, Surface No. 95–ASW–12 (Federal Aviation Adminis- the Department’s final rule—Revision of Transportation Board, transmitting the tration) (RIN: 2120–AF66) (1996–0041) received Class E Airspace; Marshall, TX—Docket No. Board’s final rule—Exemption From Regula- June 3, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); 95–ASW–22 (Federal Aviation Administra- tion—Boxcar Traffic Filing (STB Ex Parte to the Committee on Transportation and In- tion) (RIN: 2120–AA66) (1996–0048) received No. 548) (49 CFR Part 1039) received June 4, frastructure. June 3, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the 3338. A letter from the General Counsel, to the Committee on Transportation and In- Committee on Transportation and Infra- Department of Transportation, transmitting frastructure. structure. 3358. A letter from the Director, Office of the Department’s final rule—Revision of 3348. A letter from the General Counsel, Regulations Management, Department of Class E Airspace; Las Vegas, NM—Docket Department of Transportation, transmitting Veterans Affairs, transmitting the Depart- No. 95–ASW–311 (Federal Aviation Adminis- the Department’s final rule—Establishment ment’s final rule—Loan Guaranty: Mis- tration) (RIN: 2120–AA66) (1996–0032) received of Class E Airspace; Livingston, TX—Docket cellaneous (RIN: 2900–AI01) received May 31, June 3, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); No. 95–ASW–21 (Federal Aviation Adminis- 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the to the Committee on Transportation and In- tration) (RIN: 2120–AA66) (1996–0047) received Committee on Veterans’ Affairs. frastructure. June 3, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); 3359. A communication from the President 3339. A letter from the General Counsel, to the Committee on Transportation and In- of the United States, transmitting notifica- Department of Transportation, transmitting frastructure. tion of his determination that a continu- 3349. A letter from the General Counsel, the Department’s final rule—Revision of ation of a waiver currently in effect for the Department of Transportation, transmitting Class E Airspace; Dumas, TX—Docket No. People’s Republic of China will substantially 95–ASW–30 (Federal Aviation Administra- the Department’s final rule—Establishment promote the objective of section 402 of the tion) (RIN: 2120–AA66) (1996–0031) received of Class E Airspace; Midlothian-Waxahaclie, Trade Act of 1974—received in the United June 3, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); TX—Docket No. 95–ASW–19 (Federal Avia- States House of Representatives May 31, to the Committee on Transportation and In- tion Administration) (RIN: 2120–AA66) (1996– 1996, pursuant to 19 U.S.C. 2432(c) and (d) (H. frastructure. 0051) received June 3, 1996, pursuant to 5 Doc. No. 104–223); to the Committee on Ways 3340. A letter from the General Counsel, U.S.C. 801(a)(1)(A); to the Committee on and Means and ordered to be printed. Department of Transportation, transmitting Transportation and Infrastructure. 3360. A communication from the President the Department’s final rule—Revision of 3350. A letter from the General Counsel, of the United States, transmitting notifica- Class E Airspace; Brownfield, TX—Docket Department of Transportation, transmitting tion of his determination that a continu- No. 95–ASW–29 (Federal Aviation Adminis- the Department’s final rule—Establishment ation of a waiver currently in effect for Alba- tration) (RIN: 2120–AA66) (1996–0030) received of Class E Airspace; Reserve, LA—Docket nia, Armenia, Azerbaijan, Belarus, Georgia, June 3, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); No. 95–ASW–16 (Federal Aviation Adminis- Kazakhstan, Kyrgyzstan, Moldova, Mongo- to the Committee on Transportation and In- tration) (RIN: 2120–AA66) (1996–0049) received lia, Tajikistan, Turkmenistan, Ukraine, and frastructure. June 3, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); Uzbekistan will substantially promote the 3341. A letter from the General Counsel, to the Committee on Transportation and In- objectives of section 402 of the Trade Act of Department of Transportation, transmitting frastructure. 1974—received in the United States House of the Department’s final rule—Revision of 3351. A letter from the General Counsel, Representatives June 3, 1996, pursuant to 19 Class E Airspace; Hobbs, NM—Docket No. 95– Department of Transportation, transmitting U.S.C. 2432(c) and (d) (H. Doc. No. 104–224); to ASW–28 (Federal Aviation Administration) the Department’s final rule—Revision of the Committee on Ways and Means and or- (RIN: 2120–AA66) (1996–0040) received June 3, Class E Airspace; Gainesville, TX—Docket dered to be printed. 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the No. 95–ASW–151 (Federal Aviation Adminis- 3361. A letter from the Chief, Regulations Committee on Transportation and Infra- tration) (RIN: 2120–AA66) (1996–0044) received Branch, U.S. Customs Service, Department structure. June 3, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); of the Treasury, transmitting the Depart- 3342. A letter from the General Counsel, to the Committee on Transportation and In- ment’s final rule—Removal of Toshiba Sanc- Department of Transportation, transmitting frastructure. tion Regulations (U.S. Customs Service) the Department’s final rule—Revision of 3352. A letter from the General Counsel, (RIN: 1515–AB96) received May 31, 1996, pursu- Class E Airspace; Deming, NM—Docket No. Department of Transportation, transmitting ant to 5 U.S.C. 801(a)(1)(A); to the Committee 95–ASW–27 (Federal Aviation Administra- the Department’s final rule—Revision of on Ways and Means. tion) (RIN: 2120–AA66) (1996–0027) received Class E Airspace; Hondo, TX—Docket No. 95– 3362. A letter from the Chief, Regulations June 3, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); ASW–14 (Federal Aviation Administration) Unit, Internal Revenue Service, transmitting to the Committee on Transportation and In- (RIN: 2120–AA66) (1996–0043) received June 3, the Service’s final rule—Enterprise Zone Fa- frastructure. 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the cility Bonds (RIN: 1545–AM01) received May 3343. A letter from the General Counsel, Committee on Transportation and Infra- 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to Department of Transportation, transmitting structure. the Committee on Ways and Means. the Department’s final rule—Revision of 3353. A letter from the General Counsel, 3363. A letter from the Chief, Regulations Class E Airspace; Carlsbad, NM—Docket No. Department of Transportation, transmitting Unit, Internal Revenue Service, transmitting 95–ASW–26 (Federal Aviation Administra- the Department’s final rule—Revision of the Service’s final rule—Section 1033.—Invol- tion) (RIN: 2120–AA66) (1996–0039) received Class E Airspace; Santa Fe, NM—Docket No. untary Conversions (Revenue Ruling 96–32) June 3, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); 95–ASW–13 (Federal Aviation Administra- received May 31, 1996, pursuant to 5 U.S.C. to the Committee on Transportation and In- tion) (RIN: 2120–AA66) (1996–0042) received 801(a)(1)(A); to the Committee on Ways and frastructure. June 3, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); Means. 3344. A letter from the General Counsel, to the Committee on Transportation and In- 3364. A letter from the Chief, Regulations Department of Transportation, transmitting frastructure. Unit, Internal Revenue Service, transmitting June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5817

the Service’s final rule—Form 5300 Series, Mr. LIPINSKI, Mr. SOLOMON, Mr. preventing oil pollution in the Nation’s wa- Schedule Q (Announcement 96–53) received OBERSTAR, Mr. COX, Ms. KAPTUR, Mr. ters through enhanced prevention of, and im- June 4, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); LEACH, Mrs. MALONEY, Mr. ZIMMER, proved response to, oil spills, and to ensure to the Committee on Ways and Means. Mr. SMITH of New Jersey, Mr. that citizens and communities injured by oil 3365. A letter from the Chief, Regulations TORRICELLI, Mr. BROWNBACK, Ms. spills are promptly and fully compensated, Unit, Internal Revenue Service, transmitting LOFGREN, Mr. HOKE, Mr. PALLONE, and for other purposes; to the Committee on the Service’s final rule—Section 472.—Last- Mr. QUINN, Mr. HOLDEN, Mr. KIM, Mr. Transportation and Infrastructure. in, First-out Inventories (Revenue Ruling 96– HOSTETTLER, Mr. GALLEGLY, and Mr. By Mrs. MORELLA: 31) received May 31, 1996, pursuant to 5 U.S.C. KING): H.R. 3574. A bill to amend title 5, United 801(a)(1)(A); to the Committee on Ways and H.R. 3564. A bill to amend the NATO Par- States Code, to provide for the termination Means. ticipation Act of 1994 to expedite the transi- of any rights that a former spouse may have, 3366. A letter from the Chief, Regulations tion to full membership in the North Atlan- in connection with receiving any portion of Unit, Internal Revenue Service, transmitting tic Treaty Organization of emerging democ- an annuity of a retired Federal employee, by the Service’s final rule—Administrative, racies in Central and Eastern Europe; to the reason of the remarriage of the former Procedural, and Miscellaneous (Revenue Pro- Committee on International Relations, and spouse; to the Committee on Government in addition to the Committee on Rules, for a cedure 96–35) received May 31, 1996, pursuant Reform and Oversight. period to be subsequently determined by the to 5 U.S.C. 801(a)(1)(A); to the Committee on By Mr. RICHARDSON (for himself and Ways and Means. Speaker, in each case for consideration of Mr. SKEEN): 3367. A letter from the Acting Assistant such provisions as fall within the jurisdic- Secretary for Legislative Affairs, Depart- tion of the committee concerned. H.R. 3575. A bill to amend the Agricultural ment of State, transmitting notification of By Mr. MCCOLLUM (for himself, Mr. Market Transition Act to include native pas- the Department’s intent to reprogram $0.5 HYDE, Mr. CUNNINGHAM, Mr. COBLE, ture for livestock among the list of crops million in fiscal year 1996 funds made avail- Mr. BUYER, Mr. HEINEMAN, and Mr. specifically identified as eligible for non- able under chapter 6 of Part II of the FAA, as BRYANT of Tennessee): insured crop disaster assistance; to the Com- amended for administrative and operations H.R. 3565. A bill to amend title 18, United mittee on Agriculture. support for the International Customs Ob- States Code, with respect to juvenile offend- By Mr. ROEMER: server Mission [ICOM] in Bosnia, pursuant to ers, and for other purposes; to the Commit- H.R. 3576. A bill to designate the U.S. 22 U.S.C. 2394–1(a) and Public Law 104–107, tee on the Judiciary, and in addition, to the courthouse located at 401 South Michigan section 515 (110 Stat. 726); jointly, to the Committee on Economic and Educational Street in South Bend, IN, as the ‘‘Robert Committees on International Relations and Opportunities, for a period to be subse- Kurtz Rodibaugh United States Courthouse’’; Appropriations. quently determined by the Speaker, in each to the Committee on Transportation and In- 3368. A letter from the General Counsel of case for consideration of such provisions as frastructure. the Department of Defense, transmitting a fall within the jurisdiction of the committee By Mr. SOLOMON (for himself, Mr. draft of proposed legislation to assist in the concerned. GILMAN, and Mr. COX): By Mr. BARRETT of Wisconsin: reform of travel management in the Federal H.R. 3566. A bill to expand the definition of H.R. 3577. A bill to oppose the provision of Government; jointly, to the Committees on limited tax benefit for purposes of the Line assistance to the People’s Republic of China Government Reform and Oversight and Item Veto Act; to the Committee on Govern- by any international financial institution; to Science. ment Reform and Oversight, and in addition the Committee on Banking and Financial f to the Committee on Rules, for a period to be Services. f REPORTS OF COMMITTEES ON subsequently determined by the Speaker, in each case for consideration of such provi- PUBLIC BILLS AND RESOLUTIONS sions as fall within the jurisdiction of the ADDITIONAL SPONSORS Under clause 2 of rule XIII, reports of committee concerned. Under clause 4 of rule XXII, sponsors were added to public bills and resolu- committees were delivered to the Clerk By Mr. BEREUTER: H.R. 3567. A bill to fully capitalize the de- tions as follows: for printing and reference to the proper posit insurance funds, to provide regulatory calendar, as follows: H.R. 713: Mr. FAZIO of California. relief for insured depository institutions and H.R. 789: Mr. MCINTOSH. Mr. YOUNG of Alaska: Committee on Re- depository institution holding companies, H.R. 820: Mr. SCHIFF, Mr. BRYANT of Texas, sources. H.R. 848. A bill to increase the and for other purposes; to the Committee on Mr. CAMP, Ms. KAPTUR, Mr. BEILENSON, Mr. amount authorized to be appropriated for as- Banking and Financial Services. BARTON of Texas, Mr. EVANS, Ms. DELAURO, sistance for highway relocation regarding By Mr. CLINGER: Mr. CHABOT, Mr. BROWN of California, and the Chickamauga and Chattanooga National H.R. 3568. A bill to designate 51.7 miles of Mr. HASTINGS of Florida. Military Park in Georgia; with an amend- the Clarion River, located in Pennsylvania, H.R. 1046: Ms. BROWN of Florida, Mr. ment (Rept. 104–603). Referred to the Com- as a component of the National Wild and FLAKE, and Mr. RANGEL. mittee of the Whole House on the State of Scenic Rivers System; to the Committee on H.R. 1073: Mr. COBLE and Ms. ROYBAL-AL- the Union. Resources. LARD. H.R. 1074: Ms. ROYBAL-ALLARD. f By Mr. COX (for himself, Mr. GILMAN, Mr. SOLOMON, Mr. TORRICELLI, Mr. H.R. 1464: Mr. CAMPBELL. PUBLIC BILLS AND RESOLUTIONS LANTOS, Mr. SMITH of New Jersey, H.R. 1656: Ms. ROYBAL-ALLARD. Under clause 5 of rule X and clause 4 Mr. ROYCE, Mr. BURTON of Indiana, H.R. 1733: Ms. SLAUGHTER. H.R. 1757: Mr. LAFALCE. of rule XXII, public bills and resolu- Mr. SCARBOROUGH, Mr. FUNDERBURK, Mr. BROWN of Ohio, Mr. DORNAN, Mr. H.R. 1758: Mr. GREEN of Texas. tions were introduced and severally re- ROHRABACHER, and Mr. BONO): H.R. 1776: Mr. JOHNSON of South Dakota ferred as follows: H.R. 3569. A bill to provide that most-fa- and Mr. EVERETT. By Mr. NEUMANN (for himself, Mr. vored-nation trading status for the People’s H.R. 1797: Mr. CUMMINGS. KLUG, Mr. GUNDERSON, Mr. PETRI, Republic of China may continue provided H.R. 2270: Mrs. SEASTRAND. Mr. ROTH, and Mr. SENSENBRENNER): that Taiwan is admitted to the World Trade H.R. 2566: Mr. WAXMAN. H.R. 3562. A bill to authorize the State of Organization by March 1, 1997; to the Com- H.R. 2665: Mr. MANTON. Wisconsin to implement the demonstration mittee on Ways and Means. H.R. 2745: Ms. BROWN of Florida, Ms. project known as ‘‘Wisconsin Works’’; to the By Mrs. KELLY: MCKINNEY, and Mr. HORN. Committee on Ways and Means, and in addi- H.R. 3570. A bill to amend the Internal Rev- H.R. 2748: Mr. HILLIARD, Mr. MINGE, Mr. tion to the Committees on Agriculture, Eco- enue Code of 1986 to provide that gain on the EVANS, Mr. DURBIN, Mr. OLVER, and Mr. SANDERS. nomic and Educational Opportunities, and sale of a principal residence shall be ex- H.R. 2749: Mr. HASTERT. Commerce, for a period to be subsequently cluded from gross income without regard to H.R. 2779: Mrs. CLAYTON, Ms. SLAUGHTER, determined by the Speaker, in each case for the age of the taxpayer or the amount of the and Mr. BARR. consideration of such provisions as fall with- gain; to the Committee on Ways and Means. H.R. 2827: Mr. FRELINGHUYSEN. in the jurisdiction of the committee con- By Mr. KING: H.R. 3571. A bill to amend title 18, United H.R. 2834: Mr. FLAKE. cerned. States Code, to protect the sanctity of reli- H.R. 2849: Mr. HINCHEY and Mr. LAFALCE. By Mr. SHUSTER (for himself and Mr. gious communications; to the Committee on H.R. 2994: Mr. BOUCHER. OBERSTAR) (both by request): the Judiciary. H.R. 3078: Mr. FUNDERBURK, Mr. SCHAEFER, H.R. 3563. A bill to provide for the con- By Mr. LEWIS of Kentucky: and Mr. BOEHNER. servation and development of water and re- H.R. 3572. A bill to designate the bridge on H.R. 3083: Mr. ROMERO-BARCELO. lated resources, to authorize the Secretary U.S. Route 231 which crosses the Ohio River H.R. 3118: Mr. SAXTON. of the Army to construct various projects for between Maceo, KY, and Rockport, IN, as the H.R. 3178: Mr. GEJDENSON and Mr. JOHNSON improvements to rivers and harbors of the ‘‘William H. Natcher Bridge’’; to the Com- of South Dakota. United States, and for other purposes; to the mittee on Transportation and Infrastruc- H.R. 3222: Mrs. CLAYTON and Mr. BEILEN- Committee on Transportation and Infra- ture. SON. structure. By Mr. MENENDEZ: H.R. 3226: Mr. WARD, Mr. GANSKE, Mr. By Mr. GILMAN (for himself, Mr. BE- H.R. 3573. A bill to amend the Oil Pollution DOOLEY, Ms. RIVERS, Mr. CUMMINGS, and Mr. REUTER, Mr. GEJDENSON, Mr. HYDE, Act of 1990 to make the act more effective in MANTON. H5818 CONGRESSIONAL RECORD — HOUSE June 4, 1996

H.R. 3241: Mr. ROMERO-BARCELO. H.R. 3540 Page 13, line 11, after ‘‘$465,750,000’’ insert H.R. 3246: Mr. DURBIN. OFFERED BY: MR. HASTINGS OF FLORIDA ‘‘(decreased by $1,500,000)’’. H.R. 3267: Miss COLLINS of Michigan and AMENDMENT NO. 12: Page 7, line 17, before H.R. 3540 Mr. MILLER of California. the period insert the following: ‘‘: Provided OFFERED BY: MR. NEUMANN H.R. 3280: Mr. EVANS, Mr. GEJDENSON, Mr. further, That, of the amount appropriated LEVIN, and Mr. REED. AMENDMENT NO. 22: Page 17, line 15, after under this heading, $140,000,000 should be the dollar amount, insert the following: ‘‘(re- H.R. 3337: Mr. RANGEL and Mrs. LOWEY. made available for programs in Africa’’. H.R. 3393: Mr. TALENT. duced by $40,750,000)’’. H.R. 3540 H.R. 3401: Mr. MILLER of California, Mrs. H.R. 3540 OFFERED BY: MR. HASTINGS OF FLORIDA CLAYTON, Mr. FLAKE, Mr. BOEHLERT, and Ms. OFFERED BY: MR. OBEY DELAURO. AMENDMENT NO. 13: Page 7, line 21, strike AMENDMENT NO. 23: On page 3, line 25, after H.R. 3430: Mr. STUPAK and Mr. PETERSON of ‘‘and chapter 10 of part I’’. Minnesota. Page 7, line 22, after ‘‘$1,150,000,000’’ insert the dollar amount, insert the following: ‘‘(re- duced by $2,000,000)’’. H.R. 3445: Mrs. LOWEY and Mr. MANTON. ‘‘(decreased by $539,300,000)’’. H.R. 3460: Ms. SLAUGHTER. Page 9, after line 18, insert the following: H.R. 3540 H.R. 3521: Ms. EDDIE BERNICE JOHNSON of DEVELOPMENT FUND FOR AFRICA OFFERED BY: MR. OBEY Texas, Mr. FRAZER, Mr. CUMMINGS, Mr. For necessary expenses to carry out the AMENDMENT NO. 24: On page 3, line 25, after FROST, Mr. RANGEL, Mr. MANTON, Mr. PAYNE provisions of chapter 10 of part I of the For- the dollar amount, insert the following: ‘‘(re- of New Jersey, Mr. WATTS of Oklahoma, Mr. eign Assistance Act of 1961, $539,300,000, to re- duced by $1,000,000)’’. TOWNS, and Mr. WYNN. main available until September 30, 1998. H.R. 3551: Mr. SMITH of New Jersey, Mr. H.R. 3540 H.R. 3540 JONES, and Mr. TORRICELLI. OFFERED BY: MR. OBEY OFFERED BY: MR. HASTINGS OF FLORIDA H.R. 3554: Mr. GORDON and Mr. QUILLEN. AMENDMENT NO. 25: On page 4, line 25, after H. Con. Res. 10: Mr. WELDON of Pennsylva- AMENDMENT NO. 14: Page 22, line 15, insert the dollar amount, insert the following: ‘‘(re- nia. the following: duced by $4,000,000)’’. (n) The Congress— H. Con. Res. 26: Mr. KENNEDY of Rhode Is- H.R. 3540 land, Mr. KENNEDY of Massachusetts, Mr. (1) finds that the rising number of reports CUMMINGS, and Mrs. KENNELLY. of religious persecutions in Russia is of con- OFFERED BY: MR. OBEY H. Con. Res. 47: Mr. DOOLITTLE and Mr. cern; AMENDMENT NO. 26: On page 4, line 25, after QUINN. (2) urges the Secretary of State to be at- the dollar amount, insert the following: ‘‘(re- H. Con. Res. 51: Mr. TORRICELLI, Mr. tentive to this growing problem; and duced by $2,000,000)’’. (3) urges the Government of Russia to BUNNING of Kentucky, and Mr. CUNNINGHAM. H.R. 2540 H. Con. Res. 145: Mr. TORRICELLI and Mr. eliminate restrictions on religious institu- OFFERED BY: MR. OBEY HORN. tions, such as the restrictions placed on the H. Con. Res. 156: Mr. COLEMAN. Jewish Agency for Israel, and to reissue op- AMENDMENT NO. 27: On page 27, line 24, H. Con. Res. 181: Mr. BONILLA, Mr. JOHNSON erating licenses allowing such Agency to re- after the dollar amount, insert the following: of South Dakota, Mr. MINGE, Mr. PETERSON open their offices. ‘‘(reduced by $6,000,000)’’. of Minnesota, Mrs. CLAYTON, Mr. ROSE, Mr. H.R. 3540 H.R. 3540 POMEROY, and Mr. STENHOLM. OFFERED BY: MR. HASTINGS OF FLORIDA OFFERED BY: MR. OBEY H. Res. 439: Mr. GUNDERSON. AMENDMENT NO. 15: Page 97, line 5, insert AMENDMENT NO. 28: On page 27, line 24, f the following: after the dollar amount, insert the following: AMENDMENTS DEVELOPMENT FUND FOR AFRICA ‘‘(reduced by $4,000,000)’’. SEC. 573. For necessary expenses to carry H.R. 3540 Under clause 6 of rule XXIII, pro- out the provisions of chapter 10 of part I of OFFERED BY: MR. OBEY posed amendments were submitted as the Foreign Assistance Act of 1961, to be de- AMENDMENT NO. 29: On page 27, line 24, follows: rived from amounts provided in this Act for after the dollar amount, insert the following: H.R. 3540 ‘‘DEVELOPMENT ASSISTANCE’’, $539,300,000, to remain available until September 30, 1998. ‘‘(reduced by $3,000,000)’’. OFFERED BY: MR. BURTON OF INDIANA H.R. 3540 H.R. 3540 AMENDMENT NO. 8: Page 95, line 12, insert OFFERED BY: MR. OBEY before the semicolon the following; ‘‘, includ- OFFERED BY: MR. KENNEDY OF ing the murders of Mireille Bertin, Michel MASSACHUSETTS AMENDMENT NO. 30: On page 27, line 24, Gonzalez, and Jean Hubert Feuille’’. AMENDMENT NO. 16: Page 97, line 5, insert after the dollar amount, insert the following: ‘‘(reduced by $1,525,000)’’. H.R. 3540 the following new section: H.R. 3540 OFFERED BY: MR. ENGEL PROHIBITION OF FUNDS FOR SCHOOL OF THE AMERICAS OFFERED BY: MR. OBEY AMENDMENT NO. 9: Page 10, line 24, insert before the period the following. ‘‘, of which SEC. 573. None of the funds made available AMENDMENT NO. 31: On page 27, line 24, $6,000,000 shall be for assistance for Kosova’’. in this Act may be used for the School of the after the dollar amount, insert the following: Americas. ‘‘(reduced by $800,000)’’. H.R. 3540 H.R. 3540 H.R. 3540 OFFERED BY: MR. FRANK of Massachusetts OFFERED BY: MR. LAHOOD OFFERED BY: MR. OBEY AMENDMENT NO. 10: Page 97, line 5, insert AMENDMENT NO. 17: Page 2, line 25, after the following new section: AMENDMENT NO. 32: On page 27, line 24, the dollar amount, insert the following: ‘‘(re- after the dollar amount, insert the following: PROHIBITION OF IMET ASSISTANCE FOR duced by $72,600,000)’’. ‘‘(reduced by $400,000)’’. INDONESIA H.R. 3540 H.R. 3540 SEC. 573. None of the funds appropriated in OFFERED BY: MRS. LOWEY this Act under the heading ‘‘International OFFERED BY: MR. OBEY AMENDMENT NO. 18: Strike Section 518A Military Education and Training’’ may be AMENDMENT NO. 33: On page 27, line 24, (page 50, line 3 through page 52, line 20). made available to the Government of Indo- after the dollar amount insert the following: nesia. H.R. 3540 ‘‘(reduced by $150,000)’’. H.R. 3540 OFFERED BY: MR. MANZULLO H.R. 3540 AMENDMENT NO. 19: Page 3, line 25, after OFFERED BY: MR. HALL of Ohio OFFERED BY: MR. OBEY the dollar amount, insert the following: ‘‘(re- AMENDMENT NO. 11: Page 97, line 5, insert duced by $3,136,000)’’. AMENDMENT NO. 34: On page 27, line 24, the following new section: after the dollar amount insert the following: H.R. 3540 PROHIBITION ON USE OF FUNDS FOR PROCURE- ‘‘(reduced by $50,000)’’. OFFERED BY: MR. MICA MENT AND MANUFACTURE OF ANTIPERSONNEL H.R. 3540 AMENDMENT NO. 20: Page 7, line 4, after LANDMINES OFFERED BY: MR. OBEY ‘‘$600,000,000’’ insert ‘‘increased by SEC. 573. None of the funds made available $23,287,500)’’. AMENDMENT NO. 35: On page 27, line 24, in this Act may be used for assistance in sup- Page 13, line 11, after ‘‘$465,750,000’’ insert after the dollar amount insert the following: port of any country when it is made known ‘‘(decreased by $23,287,500)’’. ‘‘(reduced by $25,000)’’. to the Federal official having authority to H.R. 3540 obligate or expend such funds that such H.R. 3540 country has used, or is likely to use, any OFFERED BY: MR. MICA OFFERED BY: MR. OBEY part of such assistance for the procurement AMENDMENT NO. 21: Page 11, line 20, after AMENDMENT NO. 36: On page 28, line 1, in- or manufacture of antipersonnel landmines. ‘‘$1,500,000’’ insert ‘‘(increased by $1,500,000)’’. sert after the colon the following: June 4, 1996 CONGRESSIONAL RECORD — HOUSE H5819 ‘‘Provided further, That up to $20,000 of the requested by the Defense Security Assist- H.R. 3540 funds appropriated under this heading may ance Agency:’’ OFFERED BY: MR. OBEY be made available for grant financed mili- H.R. 3540 AMENDMENT NO. 58: On page 97, after line 5, tary education and training for any high in- OFFERED BY: MR. OBEY insert: come country on the condition that that ‘‘SEC. 573. None of the funds made available country agrees to fund from its own re- AMENDMENT NO. 45: On page 31, strike ev- under the heading ‘‘Foreign Military Financ- sources the transportation cost and living al- erything starting on line 19, through, ing Program’’ may be made available for any lowances of its students:’’ ‘‘loans:’’ on line 1, on page 31. H.R. 3540 country when it is made known to the Presi- H.R. 3540 dent that the government of such country OFFERED BY: MR. OBEY OFFERED BY: MR. OBEY has not agreed to the Department of Defense AMENDMENT NO. 46: On page 80, lines 15 and AMENDMENT NO. 37: On page 28, line 1, in- conducting during the current fiscal year sert after the colon the following: 16, strike ‘‘110 percent’’ and insert ‘‘1000 per- nonreimbursable audits of private firms cent’’. whose contracts are made directly with for- ‘‘Provided further, That the civilian personnel for whom military education and training H.R. 3540 eign government and are financed with funds may be provided under this heading may also OFFERED BY: MR. OBEY made available under this heading (as well as subcontractors thereunder) as requested by include members of national legislatures AMENDMENT NO. 47: On page 80, lines 15 and the Defense Security Assistance Agency.’’ who are responsible for the oversight and 16, strike ‘‘110 percent’’, and insert ‘‘500 per- management of the military, and may also cent’’. H.R. 3540 include individuals who are not members of H.R. 3540 OFFERED BY: MR. OBEY the government:’’ OFFERED BY: MR. OBEY AMENDMENT NO. 59: On page 97, after line 5, H.R. 3540 insert: AMENDMENT NO. 48: On page 81, line 21, OFFERED BY: MR. OBEY strike ‘‘5 percent’’ and insert ‘‘20 percent’’. ‘‘SEC. 573. None of the funds appropriated under the heading ‘‘International Military AMENDMENT NO. 38: On page 28, line 8, after H.R. 3540 the dollar amount, insert the following: ‘‘(re- Education and Training’’ may be made avail- OFFERED BY: MR. OBEY duced by $60,000,000)’’. able for Austria.’’ AMENDMENT NO. 49: On page 81, line 21, H.R. 3540 H.R. 3540 strike ‘‘5 percent’’ and insert ‘‘15 percent’’. OFFERED BY: MR. OBEY OFFERED BY: MR. OBEY H.R. 3540 MENDMENT O MENDMENT O A N . 60: On page 97, after line 5, A N . 39: On page 28, line 8, after OFFERED BY: MR. OBEY the dollar amount, insert the following: ‘‘(re- insert: duced by $30,000,000)’’. AMENDMENT NO. 50: On page 81, line 21, ‘‘SEC. 573. None of the funds appropriated strike ‘‘5 percent’’, and insert ‘‘10 percent’’. under the heading ‘‘International Military H.R. 3540 H.R. 3540 Education and Training’’ may be made avail- OFFERED BY: MR. OBEY able for Finland.’’ OFFERED BY: MR. OBEY AMENDMENT NO. 40: On page 29, line 7, AMENDMENT NO. 51: On page 82, line 12, H.R. 3540 strike ‘‘$35,000,000’’, and insert ‘‘$27,160,000’’, strike, ‘‘of up to $25,000,000’’. OFFERED BY: MR. OBEY and On page 29, line 10, strike ‘‘$323,815,000’’ and H.R. 3540 AMENDMENT NO. 61: On page 97, after line 5, insert ‘‘$251,287,000’’. OFFERED BY: MR. OBEY insert: ‘‘SEC. 573. None of the funds appropriated AMENDMENT NO. 52: On page 82, line 12, H.R. 3540 under the heading ‘‘International Military strike ‘‘$25,000,000’’ and insert, ‘‘$50,000,000’’. OFFERED BY: MR. OBEY Education and Training’’ may be made avail- AMENDMENT NO. 41: On page 29, line 7, after H.R. 3540 able for Malta.’’ the dollar amount, insert the following: ‘‘(re- OFFERED BY: MR. OBEY H.R. 3540 duced by $7,840,000)’’, and AMENDMENT NO. 53: On page 93, strike ev- OFFERED BY: MR. OBEY On page 29, line 10, after the dollar erything beginning on line 1, through ‘‘train- AMENDMENT NO. 62: On page 97, after line 5, amount, insert the following: ‘‘(reduced by ing.’’ on page 93, line 21. $72,528,000)’’. insert: H.R. 3540 ‘‘SEC. 573. None of the funds appropriated H.R. 3540 OFFERED BY: MR. OBEY under the heading ‘‘International Military OFFERED BY: MR. OBEY AMENDMENT NO. 54: On page 97, after line 5, Education and Training’’ may be made avail- AMENDMENT NO. 42: On page 30, line 5, after insert: able for Portugal.’’ ‘‘Act:’’, insert ‘‘SEC. 573. None of the funds appropriated H.R. 3540 under the heading ‘‘International Military Provided further, That not more than OFFERED BY: MR. OBEY $100,000,000 of the funds made available under Education and Training’’ may be made avail- AMENDMENT NO. 63: On page 97, after line 5, this heading shall be available for use in fi- able for Cambodia and Thailand.’’ insert: nancing the procurement of defense articles, H.R. 3540 ‘‘SEC. 573. None of the funds appropriated defense services, or design and construction OFFERED BY: MR. OBEY under the heading ‘‘International Military services that are not sold by the United AMENDMENT NO. 55: On page 97, after line 5, Education and Training’’ may be made avail- States Government under the Arms Export insert: able for Spain.’’ Control Act to countries other than Israel ‘‘SEC. 573. None of the funds appropriated and Egypt.’’ H.R. 3540 under the heading ‘‘International Military OFFERED BY: MR. OBEY H.R. 3540 Education and Training’’ may be made avail- OFFERED BY: MR. OBEY able for Indonesia.’’ AMENDMENT NO. 64: On page 97, after line 5, insert: AMENDMENT NO. 43: On page 30, line 5, after H.R. 3540 ‘‘Act:’’, insert: ‘‘SEC. 573. None of the funds appropriated OFFERED BY: MR. OBEY under the heading ‘‘International Military ‘‘Provided further, That not more than AMENDMENT NO. 56: On page 97, after line 5, Education and Training’’ may be made avail- $50,000,000 of the funds made available under insert: able for Singapore.’’ this heading shall be available for use in fi- ‘‘SEC. 573. None of the funds appropriated H.R. 3540 nancing the procurement of defense articles, under the heading ‘‘International Military defense services, or design and construction Education and Training’’ may be made avail- OFFERED BY: MR. OBEY services that are not sold by the United able for Kenya.’’ AMENDMENT NO. 65: On page 97, after line 5, States under the Arms Export Control Act to H.R. 3540 insert: countries other than Israel and Egypt:’’ ‘‘SEC. 573. None of the funds appropriated OFFERED BY: MR. OBEY H.R. 3540 under the heading ‘‘International Military AMENDMENT NO. 57: On page 97, after line 5, OFFERED BY: MR. OBEY Education and Training’’ may be made avail- insert: able for India.’’ AMENDMENT NO. 44: On page 31, line 4, after ‘‘SEC. 573. Not more than $50,000,000 of the H.R. 3540 the colon insert the following: funds made available under the heading ‘‘Provided further, That the Department of ‘‘Foreign Military Financing Program’’ may OFFERED BY: MR. OBEY Defense shall conduct during the current fis- be made available for use in financing the AMENDMENT NO. 66: On page 97, after line 5, cal year nonreimbursable audits of private procurement of defense articles, defense insert: firms whose contracts are made directly services, or design and construction services ‘‘SEC. 573. None of the funds appropriated with foreign governments and are financed that are not sold by the United States Gov- under the heading ‘‘International Military with funds made available under this head- ernment under the Arms Export Control Act Education and Training’’ may be made avail- ing (as well as subcontractors thereunder) as to countries other than Israel and Egypt.’’ able for Bahrain.’’ H5820 CONGRESSIONAL RECORD — HOUSE June 4, 1996

H.R. 3540 obligated or expended for the Government of (b) EXCEPTIONS.—Subsection (a) shall not OFFERED BY: MR. RADANOVICH Mexico, except if it is made known to the apply to the amounts appropriated or other- AMENDMENT NO. 67: Page 97, after line 5, in- Federal entity or official to which funds are wise made available by this Act for the fol- sert the following new section: appropriated under this Act that— lowing: (1) the Government of Mexico is taking ac- (1) ‘‘Trade and Development Agency’’. LIMITATION ON ASSISTANCE TO TURKEY tions to reduce the amount of illegal drugs (2) ‘‘Development Assistance’’. ‘‘SEC. 573. Not more than $22,000,000 of the entering the United States from Mexico, as (3) ‘‘International Disaster Assistance’’. funds appropriated in this Act under the determined by the Director of the Office of heading ‘‘Economic Support Fund’’ may be (4) ‘‘African Development Foundation’’. National Drug Control Policy; and (5) ‘‘Inter-American Foundation’’. made available to the Government of Tur- (2) the Government of Mexico— (6) ‘‘Peace Corps’’. key, except when it is made known to the (A) is taking effective actions to apply vig- Federal official having authority to obligate orously all law enforcement resources to in- (7) ‘‘International Narcotics Control’’. or expend such funds that the Government of vestigate, track, capture, incarcerate, and (8) ‘‘Nonproliferation, Anti-Terrorism, Turkey has (1) joined the United States in prosecute illegal drug kingpins and their ac- Demining and Related Programs’’. acknowledging the atrocity committed complices, individuals responsible for, or (9) ‘‘Contribution to the Asian Develop- against the Armenian population of the otherwise involved in, corruption, and indi- ment Fund’’. Ottoman Empire from 1915 to 1923; and (2) viduals involved in money-laundering; and (10) ‘‘Child Survival and Disease Programs taken all appropriate steps to honor the (B) is pursuing international anti-drug Fund’’. memory of the victims of the Armenian trafficking initiatives. H.R. 3540 genocide. H.R. 3540 OFFERED BY: MR. VISCLOSKY H.R. 3540 OFFERED BY: MR. SOUDER OFFERED BY: MR. SKAGGS AMENDMENT NO. 73: Page 85, line 8, insert AMENDMENT NO. 71: Page, 97, after line 5, after ‘‘Funds’’ the following: ‘‘(other than AMENDMENT NO. 68: Page 52, strike lines 14 insert the following: funds appropriated in this Act under the through 20. LIMITATION ON ASSISTANCE TO MEXICO heading ‘Economic Support Fund’)’’. H.R. 3540 SEC. 573. None of the funds appropriated or H.R. 3540 OFFERED BY: MR. SOUNDER otherwise made available by this Act may be OFFERED BY: MS. WATERS AMENDMENT NO. 69: Page 97, after line 5, in- obligated or expended for the Government of sert the following: Mexico, unless the President determines and AMENDMENT NO. 74: Page 34, line 12, after LIMITATION ON ASSISTANCE TO MEXICO certifies in writing to the Committees on Ap- the dollar amount, insert the following: ‘‘(re- duced by $8,000,000)’’. SEC. 573. None of the funds appropriated or propriations of the House of Representatives otherwise made available by this Act may be and the Senate that— Page 34, line 24, after the dollar amount, obligated or expended for the Government of (1) the Government of Mexico is taking ac- insert the following: ‘‘(reduced by Mexico, except if it is made known to the tions to reduce the amount of illegal drugs $25,000,000)’’. Federal entity or official to which funds are entering the United States from Mexico; and Page 34, after line 24, insert the following: appropriated under this Act that— (2) the Government of Mexico— CONTRIBUTION TO THE AFRICAN DEVELOPMENT (1) the Government of Mexico is taking ac- (A) is taking effective actions to apply vig- BANK orously all law enforcement resources to in- tions to reduce the amount of illegal drugs For payment to the African Development entering the United States from Mexico; and vestigate, track, capture, incarcerate, and prosecute individuals controlling, super- Bank by the Secretary of the Treasury for (2) the Government of Mexico— the United States share of the paid-in por- (A) is taking effective actions to apply vig- vising, or managing international narcotics tion of the increase in capital stock, orously all law enforcement resources to in- cartels or other similar entities and the ac- $8,000,000, to remain available until ex- vestigate, track, capture, incarcerate, and complices of such individuals, individuals re- pended. prosecute individuals controlling, super- sponsible for, or otherwise involved in, cor- vising, or managing international narcotics ruption, and individuals involved in money- CONTRIBUTION TO THE AFRICAN DEVELOPMENT cartels or other similar entities and the ac- laundering; FUND complices of such individuals, individuals re- (B) is pursuing international anti-drug For the United States contribution by the sponsible for, or otherwise involved in, cor- trafficking initiatives; Secretary of the Treasury to the increase in ruption, and individuals involved in money- (C) is cooperating fully with international resources of the African Development Fund, laundering; efforts at narcotics interdiction; and as authorized by Public Law 103–306, (D) is cooperating fully with requests by (B) is pursing international anti-drug traf- $25,000,000, to remain available until ex- the United States for assistance in investiga- ficking initiatives; pended. (C) is cooperating fully with international tions of money-laundering violations and is efforts at narcotics interdiction; and making progress toward implementation of H.R. 3540 (D) is cooperating fully with requests by effective laws to prohibit money-laundering. OFFERED BY: MR. ZIMMER the United States for assistance in investiga- H.R. 3540 AMENDMENT NO. 75: Page 97, after line 5, in- tions of money-laundering violations and is OFFERED BY: MR. TRAFICANT sert the following: making progress toward implementation of AMENDMENT NO. 72: Page 97, after line 5, in- effective law to prohibit money-laundering. PROHIBITION ON DEVELOPMENT OF SHOPPING sert the following new section: CENTER NEAR THE FORMER AUSCHWITZ CON- H.R. 3540 ACROSS-THE-BOARD REDUCTION OF AMOUNTS CENTRATION CAMP OFFERED BY: MR. SOUDER SEC. 573. (a) IN GENERAL.—Except as pro- SEC. 573. It is the sense of the Congress AMENDMENT NO. 70: Page 97, after line 5, in- vided in subsection (b), each amount appro- that the Government of Poland should pro- sert the following: priated or otherwise made available by this hibit development of a shopping center with- LIMITATION ON ASSISTANCE TO MEXICO Act that is not required to be appropriated in the 500-yard protective zone surrounding SEC. 573. None of the funds appropriated or or otherwise made available by a provision of the former Auschwitz concentration camp in otherwise made available by this Act may be law is hereby reduced by 1 percent. the town of Osweicim, Poland. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, TUESDAY, JUNE 4, 1996 No. 80 Senate

The Senate met at 9:30 a.m. and was 1635. If cloture is invoked today, it is James K. Polk was our President called to order by the President pro hoped that we may begin consideration when, on December 28, 1846, Iowa was tempore (Mr. THURMOND). of the defend America legislation and admitted into the Union as the 29th complete action on that legislation. State. But our history began long be- PRAYER As a reminder, the Senate will recess fore that date. Before the coming of The Chaplain, Dr. Lloyd John today between the hours of 12:30 and settlers from the East, Iowa was home Ogilvie, offered the following prayer: 2:15 for the weekly policy conferences to almost 17 different tribes of Indians Gracious Father, thank You for this to meet. over the years. Tribal names included time of prayer in which our minds and f the Ioway, Sauk, Sioux, Potawatomi, hearts can be enlarged to receive Your Oto, Missouri, and Mesquaki. The spirit. You are the answer to our deep- MORNING BUSINESS Mesquaki still live in Iowa on the est need. More than any secondary gift The PRESIDING OFFICER (Mr. Mesquaki Settlement in Tama County, You can give, we long for the primary DEWINE). Under the previous order, which is some of the tribe’s original grace of Yourself offered in profound there will now be a period for the land. This is a unique situation because love and acceptance. We have learned transaction of morning business not to this land is a settlement, not a reserva- that when we abide in Your presence extend beyond the hour of 10:30 a.m., tion. It is comprised of land, now ap- and are receptive to Your guidance, with Senators permitted to speak proximately 3,200 acres, which the tribe You inspire our minds with insight and therein for not to exceed 5 minutes bought and owns outright. wisdom, our hearts with resiliency and each. Iowa is a very fertile land, with deep courage, and our bodies with vigor and f black soil and plentiful water. Little vitality. did the French explorers Louis Joliet In the quiet of this moment we com- THE IOWA SESQUICENTENNIAL and Father Jacques Marquette know mit all our worries to You. We entrust Mr. GRASSLEY. Mr. President, when they came ashore in eastern Iowa to You our concerns over the people of today, I begin a series of remarks to from their Mississippi River travels in our lives. Our desire is to give our- celebrate the sesquicentennial of my 1673 that this patch of land would be- selves to the work of this day with home State of Iowa. It is my intention come a modern-day international agri- freedom and joy. Give us strength when to say something on the history of cultural giant. Mr. President, 323 years we are weary, fresh vision when our Iowa, building up to the opening of the later, Iowans proudly help to feed the wells run dry, indefatigable hope when Smithsonian Institution’s Festival of world. others become discouraged. In the American Folklife on June 26. This It is interesting to note that since name of our Lord. Amen. year the festival celebrates Iowa. 1880, Iowa has remained No. 1 in pork f So, I wish to inform my colleagues production in the United States. As RECOGNITION OF THE ACTING that they will shortly be receiving an Don Muhm, former Des Moines Reg- MAJORITY LEADER invitation from the Secretary of the ister agriculture writer and very good The PRESIDENT pro tempore. The Smithsonian and the Iowa congres- friend of mine, writes in his book able Senator from Iowa is recognized. sional delegation to attend a birthday ‘‘Iowa Pork & People,’’ the peak in f party for Iowa. We will host the birth- Iowa hog farms came in 1935, when day party on June 26 from 6:30 until swine was raised on 185,215 farms in the SCHEDULE 8:30 at the Centennial Building of the State. This dropped to 33,000 farms in Mr. GRASSLEY. Mr. President, on Smithsonian located next to the Iowa in 1993. As I have proudly stated behalf of the leader, I want to an- Smithsonian Castle. I hope to see many on this floor many times before, 1 in 4 nounce that the Senate will be in a pe- of you as we enjoy cake and ice cream pigs in the United States lives in my riod for morning business today until along with the other invited guests, in- home State of Iowa. And 78 percent of the hour of 10:30 a.m. At 10:30, the Sen- cluding the President, Vice-President, this country’s grain-fed beef is raised ate will begin 2 hours of debate. That Cabinet members, Supreme Court Jus- in Iowa. In 1991, Iowa ranked first in time will be equally divided on the mo- tices, and foreign diplomatic corps. the Nation in the production of red tion to proceed to S. 1635, the Defend Many Iowa-based businesses will also meat. Last year, in 1995, Iowa had the America Act. be there. As a matter of fact, even the honor of ranking No. 1 in the Nation in At 2:15 today there will be a cloture Maytag repairman, the loneliest man the production of both corn and soy- vote on the motion to proceed to S. in town, may be there. beans.

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

S5705 S5706 CONGRESSIONAL RECORD — SENATE June 4, 1996 The good soil and abundance of good focus on some of these alleged con- pay the cost of responding to its ridicu- water are key to Iowa’s agricultural stitutional deprivations, or at least lous demand. productivity. There are numerous riv- what the Clinton administration calls That is not all. The Clinton adminis- ers and streams in the State. While alleged deprivations of prisoners’ tration insists that Maryland provide Iowa ranks 30th in the United States rights. these killers and rapists 1 hour of out- by size of population and 23d in terms I remind colleagues that Supermax of-cell time daily. At least five times of size in land area, Iowa ranks 5th in was constructed to house inmates who per week, this out-of-cell activity the United States in the number of by their own conduct create public should occur outdoors, weather permit- bridges needed to cross those rivers and safety justification for removal from ting. Again, from the letter of Mr. Pat- streams. There are 24,844 bridges in traditional correctional facilities. rick. That is right Mr. President, the Iowa. Supermax inmates require close cus- hardened criminals who are the worst Getting our products, both agricul- tody and a high level of supervision. of the worst, who require special super- tural and nonagricultural, to market Among the inmates at Supermax are vision, have a constitutional right to takes good roads. Iowa has more miles 105 murderers, 19 rapists, and those fresh air, to go outdoors. This does not of road than 40 of the other States. who have histories of escape or at- represent law and order. This is the From the time the first official set- tempted escape. coddling of vicious criminals. tlement began in Iowa in June 1833 to Mr. President, I hope my colleagues Here is how the Clinton administra- the present day, Iowans have proven and others who are listening pause and tion describes general conditions at themselves to be an industrious and brace themselves for the unconstitu- Supermax: blessed people. Our history is as rich as tional deprivations to which Maryland Inmates at Supermax are subjected to ex- our land. We are proud to be Iowans, is allegedly subjecting these mur- treme social isolation. Inmates are confined and we are proud to be Americans. Dur- derers, rapists, and other hardened to single person cells 24 hours a day, except ing the upcoming days I will continue criminals. for a brief period (less than an hour) every 2 my talks on Iowa, hoping to impart to Now, is the Clinton administration to 3 days when they are permitted, one at a you and to the Nation a small part of citing the State of Maryland because it time, out of their cells to shower and walk beats the convicts at Supermax? No. Is around a dayroom area. Inmates are not per- something that is almost too big to de- mitted outdoors due to staff shortages. In- scribe—the Iowa spirit. the Clinton administration citing mates eat all of their meals in their cells. The PRESIDING OFFICER. The Sen- Maryland because it tortures or starves Food trays are passed through a narrow food ator from Utah, [Mr. HATCH], is now these vicious criminals? No. port in a cell door, solid except for a vision recognized to speak for up to 20 min- Mr. President, the Clinton adminis- window. Inmates are not allowed to partici- utes. tration is citing the State of Maryland, pate in any prison job opportunities or any The Senator from Utah. in part, because ‘‘food is served luke- other prison recreational or educational pro- grams. No recreational equipment is pro- f warm or cold’’ to these murderers and rapists. Doesn’t your heart just bleed vided. Inmates in adjoining cells can hear PRESIDENT CLINTON’S CODDLE-A- for these murderers and rapists and but not see each other. The sole opportunity CONVICTED-CRIMINAL CAMPAIGN for socialization occurs during the out-of- other criminals? They are getting their cell time, when the inmate released from his Mr. HATCH. Mr. President, an ad- food served lukewarm or cold. The cell may socialize with other inmates on his ministration’s law enforcement philos- Clinton administration makes a Fed- block, who are locked behind their cell ophy manifests itself in many ways. I eral case out of it. President Clinton is doors. have spoken several times about soft- forcing Maryland taxpayers to defend They go on to say: on-crime Clinton administration against this ridiculous constitutional Supermax’ failure to provide sufficient judges. President Clinton has been claim. This is the evolving standard of out-of-cell time on a daily basis as well as its AWOL—absent without leadership—in decency in the hands of liberals wield- failure to provide any opportunity to go out- the war on drugs. After years of declin- ing the vast power of the all-mighty doors is unconstitutional, especially given ing use the drug problem is on the Federal Government. It is an abuse of the highly restrictive regimen of daily life at rise—on President Clinton’s watch. Federal power on behalf of murderers Maryland Supermax. Today, I want to speak about the Clin- and rapists; that is, the administra- Is it any wonder Supermax inmates ton coddle-a-convicted-criminal pro- tion’s position in this matter. are isolated? These prisoners have been gram. If you do not believe me, Mr. Presi- removed from traditional maximum se- The President is responsible for pro- dent, let me read you the relevant curity prisons as a result of their own tecting the constitutional rights of paragraph from page 5 of the Clinton conduct. convicted criminals incarcerated in administration’s May 1 letter: But the Clinton administration’s State prisons. This is pursuant to the Food served to the prisoners at Supermax heart just bleeds for these hardened, Civil Rights of Institutionalized Per- is prepared at the penitentiary across the convicted criminals. Pity the inmates sons Act, sometimes called CRIPA, an street and brought to Supermax in bulk. At at Supermax. Joe the murderer does act that I cast the deciding vote on and Supermax, the food is placed into individual not have enough time to socialize, was prime cosponsor of, along with compartmentalized thermal trays for dis- schmooz, and compare notes with tribution to the prisoners in their cells. Food Harry the murderer and rapists Ben Senator Birch Bayh, many years ago, placed in the trays is not promptly covered; in the 1970’s. trays brought to the housing units are not and John. Does your heart not just Convicted criminals do have some promptly served. As a result, food is served bleed for these criminals, Mr. Presi- constitutional rights; but, understand- lukewarm or cold. Food must be served at dent? These model citizens do not get ably, those rights are very sharply cir- temperatures that conform to accepted to jump on an exercise bike. So let us cumscribed. And, to my mind, the Clin- health standards. sue Maryland. Let us establish a con- ton administration, takes a very lib- CRIPA, or the Civil Rights of Institu- stitutional right for convicted mur- eral view of these rights, and reads the tionalized Persons Act, requires only derers and rapists to socialize with one rights of the accused and of convicted enforcing the constitutional minimum. another. Again, I stress, these are not criminals more favorably than many of Instead, the Clinton administration merely maximum security prisoners. the rest of us. makes a Federal case out of it, advanc- These prisoners at Supermax are the Mr. President, the Clinton adminis- ing a constitutional right for hardened, worst people in the Maryland prison tration has asserted a number of in- convicted murderers and rapists, so vi- system. stances where the constitutional rights cious and dangerous as to need special It is true that some courts, including of some of the most vicious criminals supervision, to have their hot food the fourth circuit decision the Clinton at the Maryland Correctional Adjust- served hot, not lukewarm or cold. administration relies upon, have ruled ment Center, known as Supermax, are This is nothing but a Clinton coddle- that ‘‘generally a prisoner must be pro- allegedly being violated. I cite a letter a-convicted-criminal approach. I might vided some opportunity to exercise’’ of Assistant Attorney General for Civil say a convicted-vicious-criminal ap- under the eighth amendment, but that Rights Deval L. Patrick, to Gov. Parris proach. The Clinton administration is is in general. Mitchell v. Rice, 954 F.2d N. Glendening, May 1, 1996. I want to forcing the taxpayers of Maryland to 187, 192]. Even the total deprivation of June 4, 1996 CONGRESSIONAL RECORD — SENATE S5707 all exercise does not always violate the of criminals—I am not just talking other Americans abandon the goal of cruel and unusual punishment clause. about criminals, but the most hardened starting their own business, because According to the cited fourth circuit criminals in America—I think is not health insurance would be unavailable precedent, there is no per se rule re- only highly unusual with regard to the to them or members of their families. quiring a minimum of exercise time in way I look at things, and I think most Still other Americans lose their health all cases. The issue turns on the par- people in this country look at things, insurance because they become sick or ticular circumstances. but it is typical for some of these more lose their job or change their job, even Moreover, the Clinton administra- liberal thinkers who basically never when they have paid their insurance tion’s misleading reading of fourth cir- blame the criminals for what they do, premiums for many years. cuit precedent favorable to the mur- always blame society for not having With each passing year, the pitfalls derers and rapists of Supermax not- helped them enough in these formative in private health insurance become withstanding, the Mitchell versus Rice years. more serious. More than half of all in- case does not suggest that there is a The fact of the matter is, there is a surance policies impose exclusions for constitutional right for these prisoners word called ‘‘responsibility.’’ We have preexisting conditions. As a result, in- to go out of doors. to start requiring people to be respon- surance is often denied for the very ill- Under the circumstances at sible in our society even though they nesses most likely to require medical Supermax; namely, the nature of the may have come from the wrong side of care. No matter how faithfully people dangerous criminals locked up there, the tracks. Many people grew up on the pay their premiums, they often have to and their need for close supervision, other side of the tracks, in extremely start over again with a new exclusion the Clinton administration should let difficult circumstances, and overcame period if they change jobs or lose their Supermax afford these inmates the those circumstances without turning coverage. Some 81 million Americans brief time out of their cells every sec- to crime. have illnesses that could subject them ond or third day that the administra- Mr. President, I yield the floor. to exclusions for preexisting conditions tion finds constitutionally objection- The PRESIDING OFFICER. The if they lose their current coverage. able. If Maryland correctional authori- Chair, in its capacity as a Senator from Sometimes, the exclusions make them ties want to provide more out of cell the State of Ohio, suggests the absence completely uninsurable. time, that should be in their discre- of a quorum. The clerk will call the The reforms that passed the Senate tion. roll. 100 to 0 last April deal with each of And I certainly believe the Clinton The assistant legislative clerk pro- these problems. Insurance companies administration ought to drop its posi- ceeded to call the roll. are limited in their power to impose tion that these particular murderers, Mr. KENNEDY. Mr. President, I ask exclusions for preexisting conditions. rapists, and other closely supervised unanimous consent that the order for No exclusion can last for more than 12 criminals, have a constitutional right the quorum call be rescinded. months. Once persons have been cov- to fresh air. Many, if not all, of the The PRESIDING OFFICER (Mr. ered for 12 months, no new exclusion murderers in this group are lucky to be THOMAS). Without objection, it is so or- can be imposed as long as there is no breathing indoor air at all, which is dered. gap in coverage, even if they change more than their victims are doing right f their job, lose their job, or change in- now, I might add. surance companies. HEALTH INSURANCE REFORM With respect to hot food, out-of-cell The bill requires insurers to sell and LEGISLATION exercise time, and access to fresh air, renew group health policies for all em- ployers who want coverage for their the Clinton administration is seeking Mr. KENNEDY. Mr. President, the employees. It guarantees renewal of in- extraconstitutional conveniences and Senate and House of Representatives dividual policies. It prohibits insurers comforts for convicted criminals who have an excellent chance to complete from denying insurance to those who do not deserve them. action this week on the Health Insur- The lesson is this: an administra- ance Reform Act—if Senators and Rep- move from group to individual cov- erage. It prohibits group health plans tion’s crime policies are a web of many resentatives are willing to put aside for excluding any employee based on factors. They include, for example, the partisanship and Presidential politics health status. Individuals with cov- kind of judges a President will appoint. and act in the public interest. erage under a group plan will not be They include the prosecutorial policies This legislation is what the Amer- locked into their job for fear they will of an administration, its outlook on ican people need and deserve. If it were be denied coverage or face a new exclu- the drug problem and how to combat sent to the President today it would be sion for a preexisting condition. it. And they include the manner in signed into law tomorrow. But it has The bill will also help small busi- which the constitutional rights of the been languishing in Congress for sev- nesses provide better and less expen- accused and of convicted criminals are eral weeks, primarily because some Re- sive coverage for their employees. Pur- assessed. publicans insist that the bill must also chasing cooperatives will enable small A more liberal administration such include a highly controversial provi- groups and individuals to join together as the incumbent administration will sion on medical savings accounts. to negotiate lower rates. As a result, wind up, on balance, softer on crime. A Senator DOLE has said on several oc- they can obtain the kind of clout in the conservative administration will be casions that he would like to achieve marketplace currently available only tougher on crime. And a conservative final action on this legislation before to large employers. he leaves the Senate. If Senator DOLE administration will not abuse its power There is nothing radical or extreme is serious about such action, it is dif- by trying to coerce States into cod- about these provisions. They were in- ficult to believe he cannot make it dling convicted murderers and rapists. cluded in every proposal, Republican or Mr. President, the criminal justice happen. We can break the logjam this Democratic, introduced in the last system in this country has not been week and pass a bill that both Repub- Congress, including Senator DOLE’S, run very well. We should do everything licans and Democrats can be proud of. When it became clear in 1994 that in our power—the first time people are The consensus reforms in this legisla- President Clinton’s comprehensive convicted—for people we really can re- tion are essential and long overdue. health reform bill could not be enacted habilitate, whose lives we can change. Twenty-five million Americans a year into law, Senator DOLE said that we Rehabilitation is a very important part will benefit from its provisions. The should simply pass the things we all of this. legislation eliminates the worst abuses agree on. As he stated in August 1994 But, by gosh, we have no room for of the current health insurance system. on the floor of the Senate. coddling these convicted murderers and Under the current system, millions of rapists. We have no room for that. And Americans are forced to pass up jobs We will be back . . . And you can bet that health care will be near the top of our agen- to have this administration start to de- that would improve their standard of da. There are a lot of plans and some have mand that they coddle these criminals living or offer them greater opportuni- similarities. Many of us think we ought to and file lawsuits against States and ties, because they are afraid they will take all the common parts of these plans, have the taxpayers pay for the coddling lose their health insurance. Many put then together and pass that bill. S5708 CONGRESSIONAL RECORD — SENATE June 4, 1996

A week later, Senator DOLE described flagrant and despicable abuse of power A ‘‘COLORFUL PISAN’’ IN THE COURTHOUSE those common parts—provisions to by the Republican Party—and the (By Russell G. Haddad) help Americans who cannot afford in- American people should vote accord- GREENFIELD.—By all accounts over the surance, who cannot get insurance be- ingly in the elections in November. past half century observers could usually tell cause of preexisting conditions, or who when attorney Sebastian J. ‘‘Buster’’ cannot keep insurance due to a job f Ruggeri didn’t have a strong case. change. The demonstrative and gregarious Ruggeri never flinched from a weak hand. He would The bill that Senator KASSEBAUM and SEBASTIAN J. ‘‘BUSTER’’ RUGGERI create a diversion from the facts of a case by I introduced in 1995 followed that sug- waving his hands about and performing some gestion. It included only those reforms Mr. KENNEDY. Mr. President, I wel- come this opportunity to pay tribute theatrics. that had broad bipartisan support in ‘‘If he didn’t have a strong case he would the last Congress. We agreed to oppose to a remarkable man, a brilliant trial about at the jury,’’ recalled former District all controversial provisions—even pro- attorney, and a dear friend, Sebastian Court Judge Allan McGuane could hear him visions we would support under other J. ‘‘Buster’’ Ruggeri. from two floors away, circumstances. Buster is a legend in Greenfield, MA. John A. Barrett, Franklin County’s reg- ister of probate, recalls a time when Ruggeri With Senator KASSEBAUM’S leader- He was born in 1914, 4 years after his parents arrived in Greenfield from Sic- had a 2 p.m. appointment in probate court, ship, the legislation was approved by but called to say he would be late. He showed the Senate Labor and Human Re- ily, and grew up delivering groceries for his family’s business. He went on to up 15 minutes late but has spent the previous sources Committee by a unanimous hours appearing in courts in Boston, Worces- vote. By the time it was debated on the graduate from Rensselaer Polytechnic ter and Springfield before arriving in Frank- Senate floor, it had 66 cosponsors—28 Institute in 1936, and Boston University lin County, Republicans and 38 Democrats—rang- Law School in 1939. It’s just this kind of drive that over the ing from the most conservative Mem- In 1942, after practicing law for sev- years has earned Ruggeri, still practicing bers of the Senate to the most liberal. eral years, Buster joined the Air Force. full time at 82, a reputation as an energetic When the bill was taken up by the He spent 3 years as a lawyer in the trial lawyer who would take cases nobody else wanted. full Senate, Senator DOLE and Senator service, working his way up from pri- vate to lieutenant colonel and retiring Ruggeri—considered the dean of the coun- ROTH offered an amendment that had try’s legal community—still seems tireless. many constructive, noncontroversial as head judge advocate for a base of The self-described ‘‘colorful pisan’’ began provisions which strengthened the 40,000 service members in India. practicing law in 1939, and seemed to thrive bill—fairer tax treatment for small After the war, Buster joined the Air on crisis and providing that he could win de- businesses, deductibility for long term Force Reserve squadron based in spite the odds, his long-time associates say. care expenses, tax relief for the termi- Greenfield. He became commander of 85 ‘‘In the courtroom you could feel his pres- men, retiring as lieutenant colonel ence,’’ Barrett said. ‘‘He commanded the at- nally ill, and provisions to crack down tention of everybody.’’ on fraud in Medicare and Medicaid. after 22 years. After this outstanding service to the Ruggeri, meanwhile, looks back on his Senator KASSEBAUM and I welcomed legal career and takes pride in never doing these provisions and accepted them. Nation, Buster focused his attentions anything halfway. He was a general practi- But their amendment also included once again on the private practice of tioner, researching while, handling divorces, medical savings accounts, a proposal law. He quickly became known as the doing worker compensation cases, but also that would kill the bill. Fortunately, dean of the county’s legal community. handled criminal cases, as serious as murder, the Senate decisively rejected that pro- He is one of the brightest, most dedi- and civil actions posal, and the amended bill, without cated, and effective trial lawyers in ‘‘I was always intense in my practice and tried to treat everyone fairly,’’ said Ruggeri. medical savings accounts, passed the western Massachusetts. His passion and knowledge of the law and his com- He said his family nickname—first was Senate unanimously. used by his parents when they called him for Since then, unfortunately, a major mitment to justice led to a remarkably dinner—was always ‘‘Busty’’ but became impasse has developed over this issue. successful legal career. ‘‘Buster’’ when Sen. Edward Kennedy call If the impasse can be resolved, the bill Buster’s interests extend to many him that years ago. will pass. If not, the bill will die. Our other areas. He is a leading member of In his heyday, Ruggeri was known as one best chance to resolve the impasse is the Greenfield and Franklin County of the most imaginative and hardworking trial lawyers in western Massachusetts, now—this week. Senator DOLE wants Democratic Committees. No Kennedy has ever gone to Franklin County with- ‘‘I could always express myself,’’ he said the bill to pass before he leaves the smiling. ‘‘I’m at home being up front.’’ Senate, and other Republicans are un- out Buster’s advice, assistance, and His style worked in what Ruggeri describes likely to reject a genuine request for friendship. He used to hold strategy as his most memorable trial—a 1975 murder action from their party’s leader. Once sessions for my brother during his cam- case in which he defended Ernest W. Morran. Senator DOLE is gone, the prospects of paign for President in 1960, and he’s Ruggeri in his closing statement hammered ending the impasse are much more been a valuable friend and adviser to away at the prosecution’s case slamming his bleak. me throughout my years in the Senate. fist on the jury box. Reasonable compromises are easily In addition to these commitments, He ended his remarks reciting a Robert Buster always made time for commu- Frost poem to reinforce his argument that within our grasp on medical savings ac- police had ignored Morann’s version of what counts. It is irresponsible for Repub- nity service. He is a longtime member happened and arrested the wrong man in licans to hold the other bipartisan re- of the Lions Club and the Elks Club, Ashfield woods on a snowy night in Novem- forms in this bill hostage, if they can’t and served as deputy director for the ber 1974. get their way on medical savings ac- Elks. Buster is also a distinguished ‘‘Two roads diverged in a yellow wood And counts. member of the Veterans of Foreign sorry I could not travel both What happens to this bill is not going Wars and the American Legion. His And be one traveler, long I stood to make a difference in the outcome of professional achievements also include And looked down one as far as I could the 1996 Presidential election. But it serving as president of the Massachu- Two where it bent in the undergrowth.’’ will make a difference, a very large dif- setts Trial Lawyers Association and As if he were there today, Ruggeri finished: ference, to the 25 million Americans the Franklin County Bar Association. ‘‘Two roads diverged into a wood and I . . .’’ who will benefit immensely from these I congratulate Buster on his remark- ‘‘. . . took the one less traveled by, needed health reforms. If we keep our able career, and I wish him well as he And that has made all the difference.’’ eyes on them—if we keep those deserv- continues his unique leadership for his Ruggeri explained that he learned early on ing families in communities across profession, his community, and his in his career that he could sway juries by America uppermost in our minds, this country. I ask unanimous consent that performing an impassioned plea. He had to bill will pass. a recent article on Buster’s extraor- convince the jurors that he believed in his client. It is also clear who will get the blame dinary life be printed in the RECORD. ‘‘You have become a part of it,’’ Ruggeri if this bill dies. To kill this entire bill There being no objection, the article said. ‘‘I just about live it.’’ because they can’t get all they want on was ordered to be printed in the Attorney John Callahan, who was a North- medical savings accounts would be a RECORD, as follows: west District Attorney from 1970 to 1978 and June 4, 1996 CONGRESSIONAL RECORD — SENATE S5709 faced off against Ruggeri on many occasions, from the 25th anniversary of JFK’s assas- full day’s work for his pay whether win, or said he was impressed with Ruggeri many, sination is prominently placed in the waiting lose or draw.’’ many times. area just outside Ruggeri’s office. Over his legal career, Ruggeri said he has ‘‘He was bright. He was tenacious. He was U.S. Sen. Edward M. Kennedy personally had no regrets despite having chances to be- very effective,’’ Callahan said. signed the poster with a message. come a federal judge on several occasions He recalled the Morran case, for which he ‘‘To Buster—who started with Jack and through his association with the Kennedys. was the prosecuting attorney. He said it has stood shoulder to shoulder with all the ‘‘I always wanted to be a small town law- stands out as a prime example of Ruggeri’s Kennedy brothers—Ted,’’ the proclamation yer,’’ Ruggeri said, ‘‘I had the freedom here.’’ skills and tenacity. Callahan said Ruggeri reads. Hard work has become his trademark. did an ‘‘unbelievable job’’ in cross-examining Kennedy, in a prepared statement, recently And Ruggeri is still going strong. He re- a pathologist testifying for the prosecutors. called Ruggeri ‘‘great friend and key sup- ceived a degree in patent law last summer The key to Ruggeri’s success was prepara- porter’’ for more than 40 years going back to from Franklin Pierce Law Center in Con- tion by hiring a pathologist of his own to in- JFK’s first campaign for the U.S. Senate in cord, N.H. spect the evidence and guide him, according 1952. f to Callahan. ‘‘Ever since, no Kennedy has gone into ‘‘As far as I’m concerned it was one of the Franklin County without Buster’s advice, as- EXCELLENCE: A BOYD FAMILY best jobs that Sebastian ever did,’’ he said. sistance and friendship,’’ Kennedy said. TRADITION ‘‘Sebastian could try a case off the top of his ‘‘He’s made an enormous difference, and I Mr. HOLLINGS. Mr. President, I con- head but seldom did when it was a serious know that Jack and Bob felt the same way.’’ sider myself to be extremely fortunate matter. As he always did, he gave his heart Ruggeri, who was one of the guests invited to have a staff made up of people who and soul to the trial as he did with many to Rose Kennedy’s funeral last year, boasts are not only excellent at what they do, others.’’ that JFK’s run for the presidency began in Ruggeri was born in 1914, about four years his office as strategy sessions to take control but are bright, interesting, and a pleas- after his parents, Anthony and Rose, moved of the state Democratic Committee were ure to be around. Among them is a here from Sicily. His mother and father, who held there. He said he only asked for one job young man by the name of Moses Boyd, worked for the Boston & Maine railroad in through his ties with Sen. Kennedy—U.S. whose intelligence, determination and the East Deerfield yards never had any for- ambassador to Italy. inimitable style have been a longtime mal education but went on to build a suc- ‘‘I speak Italian fluently and everything,’’ asset to my office. Apparently, being cessful grocery business, A. Ruggeri & Sons. said Ruggeri, who in recent years has been hardworking and capable are traits The oldest of four cones—he also has an invited to join the Republican Senatorial that run in his family. I ask unanimous older sister—Ruggeri later helped in this Inner Circle. ‘‘I could have fun in Italy.’’ consent to have printed in the RECORD business delivering groceries. He has fond Over the years, Ruggeri acquired much memories of those times when his mother downtown property in Greenfield, becoming a column that Moses wrote as a tribute would give cookies to neighborhood children the largest single landlord in town. His 37 to a role model of his. She sounds like and the market was a meeting place to talk properties include a sizable chunk of Bank an incredible woman. about politics and the various happenings in Row, part of which is the former First Na- There being no objection, the column town. tional Bank building. He also owns an empty was ordered to be printed in the ‘‘People used to come in and chew the fat Federal Street office building as well as sev- RECORD, as follows: for an hour,’’ Ruggeri said with a sparkle in eral residential properties, the Silver Arrow [From the State, Columbia, SC, Mar. 29, 1996] his eye. liquor store on French King Highway and the MIDLANDS VOTING RIGHTS ADVOCATE SALUTED But above all else, his greatest impression Ruggeri Shopping Center on Federal Street. of those days was his father, who opened the He also owns 52 acres on Shelburne Road, (By Moses Boyd) store in the 1920’s in the basement of their which he hopes to sell for possible use as a As part of last month’s Black History cele- house Deerfield Street house. Ruggeri said shopping center. brations, we would like to honor a living in- his father would work practically all day, Ruggeri, who started buying real estate spiration who made a significant contribu- yet, have time to instill morals and values in soon after he began practicing law, said at tion to the voting rights of many Richland his children. one time the properties were considered a County citizens. ‘‘I think the world of my Daddy,’’ Ruggeri badge of honor. Now many of them are va- She is Elease Boyd, my mother. She was born in 1924 in Fairfield County, said affectionately. ‘‘Me parents were next to cant and falling into disrepair and he owes where she attended public schools. Married God.’’ more than $130,000 in back taxes. However, he didn’t always move in the di- At one time the commercial properties at 15, she gave birth to 14 children and en- rection his father and mother wanted. On downtown, ‘‘had a certain amount of honor joyed a loving marriage of more than 55 years until the passing of her husband last graduating from Greenfield High School, to them,’’ he said. ‘‘I’ve got some temporary year. Ruggeri attended Rensselaer Polytechnic In- burden. I’m hoping 1996 will be better for While young, she became a Sunday school stitute in 1936, earning a civil engineering me.’’ teacher at Zion Pilgrim Baptist Church. In degree. While his parents wanted him to be- The life of Franklin County’s oldest lawyer that position, she instructed church mem- come an engineer, he has designs on a legal has been full of community service. He is a bers in reading and writing as well as Bible career and eventually went to Boston Uni- longtime member of the Lions Club and Elks lessons. versity Law School and graduated in 1939. Club, having served as past district deputy Her interest in voting rights began in the ‘‘I thought engineering would be too for the Elks. He also is a member of the Vet- 1950s. She regularly encouraged church mem- quiet,’’ the fragile-looking, but strong-willed erans of Foreign Wars and American Legion bers and community residents to register to Ruggeri recalled. organizations. His professional affiliations vote, holding sessions on how to do it. After three years of practicing law, included being a past president of the Massa- She persistently communicated her inter- Ruggeri joined the Air Corp in 1942. He spent chusetts Trial Lawyers Association and est to organizations such as the National As- the subsequent three years in the service, Franklin County Bar Association. Politi- sociation for the Advancement of Colored quickly working his way up from private to cally, he is a member of the Greenfield and People. She once accompanied a group to one lieutenant colonel, retiring as head judge ad- Franklin County Democratic Committees. of Martin Luther King Jr.’s seminars on vot- vocate for a base of 10,000 men in India. Ruggeri and his wife, Margaret, were mar- ing rights. After the war, he joined the 9286th Air ried 33 years before she died in 1974. They As a result of her interest, she was ap- Force Reserve Squadron, based in Greenfield. had five children together—Avis, Margaret, pointed in 1967 to the Richland County Board He later became commander of 85 men, retir- Phyllis, Christine and Paul, who died in a of Voter Registration. ing as a lieutenant colonel after 22 years. 1982 car crash. She became the first African-American A conversation about Ruggeri’s military Paul’s death still appears to affect Ruggeri woman to serve as a registrar in South Caro- experience tends to get a bit dangerous. He as he fondly remembers what his son, and lina. In that role, she worked tirelessly to in- becomes animated, excitedly pacing back paw partner, meant to him and the firm. crease voter registration, particularly and forth and swinging his arms as he tells ‘‘He was bringing in young clients,’’ among low-income and African-American stories of being in officer cadet school and Ruggeri said. ‘‘My whole plans to turn the citizens. his travels in India in the shadow of the Hi- office over to him were shot to hell. He had Her service led to appointment as chair- malayan Mountains on the Chinese border. a great future.’’ man of the board in 1980, making her the Reared on local political gossip at the fam- Ruggeri’s plans to retire and hand the firm first African-American woman to serve in ily store, Ruggeri eventually became a lead- to his son had been dashed, and made him this capacity in South Carolina. She retired er in the local and state Democratic Party, push his career forward. as board chairman in 1988. befriending the Kennedys and on numerous McGuane, a former state representative, Colleagues, associates, friends and observ- occasions hosting them at this 13-room thinks of Ruggeri as a ‘‘remarkable man.’’ ers have noted the vital role she played in James Street home. He said Ruggeri belongs to the old school of ensuring voting rights. In his Bank Row offices, photographs of being polite and courteous. She made an enormous contribution to John F. Kennedy and Robert F. Kennedy ‘‘He’s honest. A man of his word,’’ residents of Richland County and South hang on the walls. A commemorative poster McGuane said. ‘‘He always gave his client a Carolina. S5710 CONGRESSIONAL RECORD — SENATE June 4, 1996 Congratulations, Mama. The director of Elisa’s preschool ‘‘bye.’’ He said, ‘‘bye.’’ Then he waved. f warned officials about the mother’s And she pushed the chair away. She FOSTER CHILDREN history of child abuse and drug abuse. hanged this little boy. Without any further investigation and Mr. President, what kind of a person Mr. DEWINE. Mr. President, I rise without ordering any further monitor- does something like that to a child? today to talk about an American trag- ing of Elisa’s home situation, a family She told a policeman, ‘‘DCFS was’’ edy. First, Mr. President, too many court judge transferred Elisa back to blankety-blank ‘‘with me.’’ children in this country are spending her mother. Mr. President, why on Earth would the most important formative years in In March 1995, when Elisa was 6 years anyone think we should keep trying to a legal limbo, a legal limbo that denies old, she was admitted to the hospital reunite that family? them their chance to be adopted, that with a shoulder fracture—a shoulder Another example. Last year in denies them what all children should fracture, Mr. President. This is a little Brooklyn, NY, there were allegations have: the chance to be loved and cared girl from a household with a history of that baby Cecia Williams and her three for by parents. child abuse, and she shows up at the older siblings had been abandoned by Second, we are sending many chil- hospital with a shoulder fracture. What their mother. As a result, they were dren in this country back to dangerous did the hospital do? The hospital sent temporarily removed from their moth- and abusive homes. We send them back her back to her mother. er’s custody. It turned out they had not to live with parents who are parents in Eight months later, in November been abandoned by the mother. She name only, and to homes that are 1995, she was battered to death by that had actually placed them in the care of homes in name only. We send these same mother. You see, Elisa’s mother an uncle, and he had abandoned the children back to the custody of people was convinced that Elisa was possessed children. who have already abused and tortured by the devil. She wanted to drive out Later, Cecia and the other children them. We send these children back to the evil, so she forced Elisa to eat her were sent back home. Last month, be abused, beaten, and, many times, own feces, mopped the floor with her after they were sent back home in New killed. head, and finally bashed her head York, Cecia Williams died after being Mr. President, we are all too familiar against a concrete wall. On November battered, bruised, and, possibly, sexu- with the statistics that demonstrate 2, 1995, Elisa was found dead. ally abused. Her mother and her boy- the tragedy that befalls these children. Mr. President, this story then was on friend have been charged with the Every day in America—every day— the front page of the New York Times, crime. three children actually die because of and for days after that the story was Cecia was 9 months old. Cecia is dead abuse and negligent at the hands of covered. Millions of Americans were, today—a victim of blunt blows to her their parents or caregivers, over 1,200 understandably, shocked. But you torso, and lacerations to her liver and children per year. know, Mr. President, what shocked me small intestinal area. Mr. President, almost half of these when I read the story, when I heard Another example. A young boy in children, almost half of them, are about it, was that anyone would be New Jersey named Quintin McKenzie killed after their tragic circumstances shocked at all, because the horrible was admitted to a Newark hospital have already come to the attention of truth is that while this horrible trag- after a severe beating, for which his fa- the local authorities. Tonight, Mr. edy captured the attention of the coun- ther was arrested. Quintin was placed President, almost 421,000 children will try, the sad fact is that atrocities such in foster care. But when the charges sleep in foster homes. Over a year’s as this are happening against children were dropped, he was sent back to that time, 659,000 will be in a foster home every single day in this country. Chil- family. In 1988, Quintin was 31⁄2 years for at least part of the year. dren are being reunited with brutal old when his mother killed him. She Shockingly, roughly 43 percent of the abusers. They are abused again and plunged him into scalding water be- children in the foster care system at again, and, yes, sometimes they are cause he had soiled his diapers. any one time will languish in foster killed. In Franklin County, OH, the local care longer than 2 years. Mr. President, Here is another story. A Chicago children services agency, in another 10 percent will be in foster care longer woman had a lengthy history of mental case, was trying to help Kim Chandler than 5 years. illness. She ate batteries, she ate coat deal with her children—7-year-old Mr. President, the number of these hangers, and she drank Drano. She Quiana, 4-year-old Quincy, and 1- foster children is rising. From 1986 to stuck pop cans and light bulbs into month-old Erica. In July 1992, they 1990, it rose almost 50 percent. herself. Twice she had to have surgery closed the case on her. On September In summary, Mr. President, too to have foreign objects removed from 24, 1992, all three children were shot many of our children are not finding her body. Then when she was pregnant, dead, and Kim Chandler was charged permanent homes. Too many of them she denied that the baby was hers. with the crime. are being hurt, and too many of them While pregnant, she set herself on fire. In Rushville, OH, in March 1989, 4- are dying. That is her idea of what being a parent year-old Christopher Engle died when Mr. President, most Americans have is all about. On three occasions, her his father dumped scalding water on probably heard of the tragedy that be- children were taken away from her by him. fell Elisa Izquierdo in New York City. the department of children and family Mr. President, we could go on and on Her mother used crack when she was services, known as DCFS. and on. Tragically, there is not a Mem- pregnant with Elisa. A month before One of her children was named Jo- ber of the Senate who could not cite she was born, her half brother, Ruben, seph. Joseph’s second foster mother— examples from his or her own State of and her half sister, Cassie, had been re- keep in mind that this was a child that these tragedies. I could multiply exam- moved from her mother’s custody and was being pushed back and forth be- ple after example of households like placed into foster care. They had been tween foster homes, back and forth these—households that look like fami- neglected, unsupervised, and unfed for with his mother. Joseph’s second foster lies but are not, Mr. President; people long periods of time. In other words, mother reported to the DCFS officials who look like parents, but who are not; Mr. President, this woman left her that every time Joseph came back people who never, never should be al- children alone and simply did not feed from visiting his mother, he had lowed to be alone with any child. I do them. bruises. Yet, in 1993, all the children intend, in the months ahead, to discuss But then, Mr. President, amazingly, were returned to this mother—one last many of these stories on this floor, Mr. the children were sent back to the time. President. same woman, and then Elisa was born. A month later, in April 1993, this Why are atrocities like this happen- When Elisa was born, she tested posi- mother hanged Joseph; she hanged her ing? There are many factors contribut- tive for crack. She was taken from her little boy. She hanged her 3-year-old ing to this problem. In many cases, the mother and transferred to her father’s son. Her comment to the police was, ‘‘I abuse is caused by parents who were custody. Tragically, in 1994, Elisa’s fa- just killed my child. I hung him.’’ She themselves abused as children. In other ther died. Elisa was then 5 years old. stood him up on a chair and said, cases, the parent is deeply disturbed or June 4, 1996 CONGRESSIONAL RECORD — SENATE S5711 mentally ill. Often, the parent is a Mr. President, I intend to keep work- of civilization. The family is where val- teenager, who is emotionally unpre- ing to find solutions to these problems, ues are transmitted. It is where chil- pared for the responsibility of raising a recognizing that their causes are mul- dren learn behavior—develop their child. tiple—and that to solve them, we must character—and form their personality. All of these factors were present in do many things. Over the last couple of years, a re- earlier generations. What is different But today, I would like to focus on markable convergence has occurred in today is that too many of the young one of the causes of these tragedies, American social thought. Liberals and parents have no role models of good one that most people have not heard conservatives are now in near-total parenting. They did not have good par- about. It is the unintended con- agreement on the need to strengthen ents themselves, so they have no idea sequence of a small part of a law passed the family as an institution. Without how to be parents for their own chil- by the U.S. Congress. stronger families, it will be impossible dren. In 1980, Congress passed the Adoption to avoid a social explosion in which Another major problem, Mr. Presi- Assistance and Child Welfare Act— troubled children turn into dysfunc- dent, is the decline of the extended known as CWA. The Child Welfare Act tional adults on a massive scale. family, the support system that used has done a great deal of good. It in- But what we are confronting in the to do so much to make sure children creased the resources available to terrible stories I have just recounted were taken care of. In many cases, it struggling families. It increased the su- are not families. They are households just does not exist today. pervision of children in the foster care that look like families—but are not. Add to all of this the relatively new system. And it gave financial support If you look inside one of these house- phenomenon of crack. Since the late to people to encourage them to adopt holds, you see some children. And you 1980’s, we have seen an explosion of this children with special needs. see some people who—superficially, at new form of cocaine that is readily But while the law has done a great least—resemble parents. But this is not available, is cheap, and explosively ad- deal of good, many experts are coming what you and I and most Americans dictive. Crack is so addictive that to believe that this law has actually mean when we talk about families. mothers have sold their children so had some bad unintended con- In this type of family when we have they can get more of it. Someone said, sequences. heard the horror stories, the children when talking about crack, that crack Under the CWA, for a State to be eli- are beaten and abused and neglected. is the only thing that has ever been in- gible for Federal matching funds for Mr. President, what do we, as a soci- vented by man that will cause a moth- foster care expenditures, the State ety, do about these households—these er to behave not like a mother and must have a plan for the provision of households that are not families? abandon all the natural instincts that child welfare services approved by the By 1980, the child welfare system in she might have—to leave that child, Secretary of HHS. The State plan must this country had come under some sell that child, to abuse that child. provide: pretty strong criticism. That is why we Mr. President, put all these factors . . . that, in each case, reasonable efforts have the bill. After many hearings, together and we have a major social will be made (A) prior to the placement of a Congress concluded that abused and ne- problem on our hands. Now, we ask so- child in foster care, to prevent or eliminate glected children too often were unnec- cial workers to try to patch up the the need for removal of the child from his essarily removed from their parents— wounded. But the social workers are home, and (B) to make it possible for the and very significantly that insufficient underpaid and overworked. When I was child to return to his home. resources were devoted to the com- an assistant county prosecutor over 20 In other words, Mr. President, no mendable task of preserving and re- years ago, and then when I was the matter what the particular cir- uniting families—and that children not county prosecutor in Greene County, cumstances of a household may be—the able to return to their parents often OH, I worked closely with these dedi- State must make reasonable efforts to drifted in foster care without ever find- cated, hard-working social welfare pro- keep it together, and to put it back to- ing a permanent home. fessionals. I have great respect and ad- gether if it falls apart. That is how the CWA came to be en- miration for them. They are literally What constitutes ‘‘reasonable ef- acted. The phenomenon known as fos- at the front line of our efforts to save forts’’? Here is where maybe we have ter care drift—children who get lost in children. We expect the impossible part of the problem. a child welfare system that cannot or from them and, frankly, do not give This has not been defined by Con- will not find them a permanent home— them all the tools and resources they gress. Nor has it been defined by HHS. simply had to be faced and reversed. need to do their jobs. Often, the only This failure to define what con- Let me interject at this point, Mr. options they have, and the only choices stitutes ‘‘reasonable efforts’’ has had a President, that I had substantial expe- they have for these children, are all very important—and very damaging— rience on this issue before the passage bad—no good options, no good choices. practical result. There is strong evi- of the CWA legislation in 1980. As long Many times, our social welfare agen- dence to suggest that in the absence of ago as 1973, I was serving as an assist- cies are simply overwhelmed. Some ex- a definition, reasonable efforts have be- ant county prosecutor in Greene Coun- perts say that the social worker han- come—in some cases—extraordinary ef- ty, OH, and one of my duties was to dling children ought to handle no more forts. Efforts to keep families together represent the Greene County Children than 15 or 20 cases at a time. But the at all costs. Services in cases where children were truth is that we have social workers Mr. President, much of the national going to be removed from their par- today handling 50, 60, 70 cases. They do attention on the case of Elisa Izquierdo ents’ custody. not have enough time or enough re- has focused on the many ways the so- I saw first hand that too many of sources to solve the problems these cial welfare agencies dropped the ball. these cases dragged on forever. The kids have. It has been said that there were numer- children end up getting trapped in tem- In summary, Mr. President, there are ous points in the story when some porary foster care placements, which many causes for the tragedies I have agency could have and should have in- often entail multiple moves from foster discussed. Further, there are many tervened to remove Elisa and her sib- home to foster home to foster home, things that must change, many things lings from her mother’s custody. for years and years and years. that we can do to help these children. I am not going to revisit that ground. Congress enacted the CWA to try to There are many things we can do, Rather, my point is a broader one: solve this very real problem. There Mr. President, to lessen the time it Should our Federal law really push the were good reasons for the CWA, and the takes for children to be adopted, and to envelope, so that extraordinary efforts CWA has done a lot of good. There are lessen the time these poor kids have to are made to keep that family to- some families that need a little help if spend in the legal limbo of the system. gether—efforts that any of us in this they are going to stay together, and it Further, there are many things we can Chamber or anyone listening would not is right for us to help them. Not only is do to lessen the odds of tragedies like consider reasonable? it right—it is also clearly in the best the cases of Elisa Izquierdo and Joseph Throughout human history, the fam- interests of the child to reunite fami- Wallace. ily has been recognized as the bedrock lies when we can. S5712 CONGRESSIONAL RECORD — SENATE June 4, 1996 Mr. President, I ask unanimous con- Cost Children’s Lives,’’ by Richard J. really counts. Lynne Gallagher, direc- sent for 5 additional minutes, and I Gelles. tor of the Arizona Governor’s Office for apologize to my colleague. Dr. Gelles is the director of the Fam- Children, says: Mr. EXON. Reserving the right to ob- ily Violence Research Program at the It’s as though these people think we can ject, I would like to see what the par- University of Rhode Island. For years, put the kids in the deep freeze for awhile liamentary procedure is and ask the Dr. Gelles thought children should be * * * and then pull them out when the par- Chair to make a ruling. I have 15 min- permanently removed from their ents are ready to parent. utes that was assigned to me under the homes only as a last resort, even if it We all know how crucial those forma- original schedule, and also Senator meant that the children may spend tive years can be. LEAHY. The time is about up. I would years moving back and forth between Let me return to the work of Dr. not object to the request from the Sen- birth homes and foster homes. He now Gelles. He says: ator so he can finish his remarks so says—and I quote: It is time to face up to the fact that some parents are not capable of being parents, long as the same procedure would be It is a fiction to believe one can balance cannot be changed, and should not continue afforded to this Senator after he has preservation and safety without tilting in to be allowed to care for children. finished his presentation. favor of parents and placing children at risk. He advocates changes in Federal laws The PRESIDING OFFICER. Is their He believes that the system is to protect children. He also thinks that objection to the Senator’s request? weighted too far toward giving the child-protection officials should move Hearing none, it is so ordered. mother and father chance after chance to terminate parental rights sooner, Mr. DEWINE. I thank my colleague. after chance to put their life in order— Again I apologize for taking his time thus freeing children for adoption. putting the adults first, rather than I think the time is ripe for these and the Senate’s time. But I would like putting the children first. changes. In New York City, Mayor to complete. It should not take any Even some social-work professionals Giuliani has pledged to shift the city’s more than just a few more moments. will tell you how true this is. Krista priorities away from family preserva- We should not be in the position of Grevious, a Kentucky social worker tion—and toward protecting children taking children away just because the with 21 years of experience, says: from harm. parents are too poor—or just because I think it’s probably one of the most dan- But we need to examine how much of there is a problem in the family. If the gerous things we have ever done for children. the problem we face is a consequence of problem can be fixed, we must try to Patrick Murphy is the court-ap- Federal law—the lack of precision of keep the family together for the chil- pointed lawyer for abused children in the CWA legislation back in 1980. And dren’s benefit. It is just that at some Cook County, Il. He says: this is truly a national problem that point, when it comes to cases of child Increasingly, people in this business do not needs a national response. According to abuse and child neglect, we have to look at things from the point of view of the the National Committee to Prevent step in and say: ‘‘Enough is enough. child. But the child is the defenseless party Child Abuse, child abuse fatalities have The child comes first.’’ here. We’ve forgotten that. increased by 40 percent between 1985 And that is where we are now, in a In 1993, Murphy published an article and 1995. lot of cases. Fifteen years after the in the New York Times that put the I think there is something the U.S. passage of the CWA, I think we need to problem in historical context. I quote Congress should do about that. I think revisit this issue, and see how the sys- from his article: we should make it absolutely clear tem is working in practice. The family preservation system is a con- that the best interests of the child are I believe we need to reemphasize tinuation of sloppy thinking of the 1960’s and the primary concern of social policy. what all of us agree on—the fact that 1970’s that holds, as an unquestionable truth, We need to examine, Mr. President, the child ought to come first. We have that society should never blame a victim. Of whether in fact the 1980 Child Welfare to make the best interests of the child course, the children are not considered the Act has been misinterpreted—and our top national priority. victims here. Rather the abusive parents are whether we need to clarify it so there In many of the cases we have looked considered victims of poverty and addiction. can be no misunderstanding of Con- at, it looks like the CWA has been not This attitude is not only patronizing, it en- gress’ intent. While family reunifica- dangers children. been correctly interpreted. At least tion is a laudable goal, and should usu- that is the way it appears. Try to Marcia Robinson Lowry, head of the ally be attempted, the best interests of imagine what the authors of the CWA— Children’s Rights Project at the Amer- the child should always come first. the people who stood on this Senate ican Civil Liberties Union, sums it up. This, Mr. President, was the intention floor and the House floor in 1979 and She says: of the drafters of the 1980 law. Congress 1980—what would they have said if they We’ve oversold the fact that all families should reaffirm this—by making what- had been asked: ‘‘Should Joseph Wal- can be saved. All families can’t be saved. ever clarification is necessary in the lace be sent back to his mother? Mr. President, let me make this abso- law. Should this little Joseph, this little lutely clear. I think there is nothing To the extent that the 1980 law has boy, be sent back?’’ wrong with giving parents another been imprecise, ambiguous, and un- I cannot believe that anyone would chance. But we have to make sure the clear, or just misinterpreted, it has say he should have been sent back. And child comes first. Is that child going to contributed to the syndrome in which I cannot believe that it was the au- get a second chance at growing up? A children move from child abuse to fos- thors’ intent that it would take place. second chance to be 4 years old—the ter home to child abuse. It is time for I cannot believe that they would say, age when a personality is already fun- us to break this cycle—to help children ‘‘In that case, and in every case, the damentally shaped? escape their abusers and find a perma- child must be reunited with the adult Jann Heffner, the director of the nent home before they have suffered at all costs.’’ Dave Thomas Foundation for Adoption, absolutely irreparable physical and No, I don’t think so. has a useful way of looking at this emotional damage. Reasonable people agree, Mr. Presi- problem—the concept of ‘‘kid days.’’ If we make explicit our commitment dent, on one point: Nothing—nothing— When you are 3 years old, 1 month of to putting the best interests of the should take precedence over the best experience does a lot to the formation child first, in almost all cases that will interests of the child. It is common of your personality. It is not a month mean family reunification. The best in- sense. And I think we need to make that can be taken for granted, or treat- terests of the child are almost always sure the CWA is interpreted consist- ed as routine. served by reuniting and preserving ently—and correctly—to reflect that One helpful way of looking at it is families. But in the cases where family common sense. this: If you are 50 years old, 1 year is 2 reunification is not in the best interest It is my hope that an important new percent of your life. If you are 3 years of the child, in those cases we must book will spark the national debate old, 1 year is one-third of your life. protect the child. Federal law must be that America need to have on this There is some important psycho- clearly on the side of the child. issue. The book is called ‘‘The Book of logical activity going on with these I intend to introduce—in the near fu- David: How Preserving Families Can children. And every day—every hour— ture—legislation that will clarify once June 4, 1996 CONGRESSIONAL RECORD — SENATE S5713 and for all the intent of Congress on those kids enter the system because of local child protection agencies to be in dan- this issue. Congress should stand with abuse, neglect or ‘‘parental conditions’’ in- ger. Their deaths are heartbreaking evidence the highest values of the American cluding drug abuse. In the District of Colum- that current policies and services are failing people. And the mind and heart of bia, social workers don’t have enough cars or and must be changed. fax machines to keep abreast of their case- But the answers don’t come easy. The America are crystal clear on this issue: loads. If child protective agencies need more problems are overwhelming the system and The children come first. money, they should have it. getting worse, as dysfunctional families and When they do not, we, as a society, as But the heart of the problem is not money; single-parent homes increase, drug abuse Americans, have every right to become it is philosophy. Most social-service agencies grows and state agencies are dangerously outraged, to get mad—and demand pursue the goal of ‘‘family preservation.’’ pinched for resources. In his new book, ‘‘The change. Federal money is tied to state efforts to keep Book of David’’ (subtitled ‘‘How Preserving I simply conclude by saying we need biological families together. Children, once Families Can Cost children’s Lives’’), Gelles to look at the best interests of the removed from abusive homes, are returned points out the worrisome realities. State and again and again. Social workers see their local child protection agencies get almost 3 child. We need to reexamine this law. jobs as the provision of ‘‘services’’ to parents million reports of abuse and neglect every We need to look at how it is actually who abuse their children. In one case the year; about 38 percent are substantiated. working. parents of 10 children were hurting some of Many charges are dismissed—in part because I understand that this may be an up- them. The Child Welfare Administration as- some child abuse and neglect can be difficult hill battle, that there is a reluctance to signed them a full-time housekeeper, la- to detect. revisit this. But I think we should re- menting only that budget cuts forced them The caseworkers who must make the life- visit it. I think we should look at it, to withdraw her after a year or so. and-death decisions about which children are actually in danger and how to help them, keeping in mind only one thing, what Unless social-service agencies nationwide can stiffen their spines, stop thinking of the Gelles says, are typically in their 20s—lib- really is in the best interests of chil- abusing parents as the victims and focus on eral-arts majors with about 20 hours of train- dren. terminating parental rights in cases of abuse ing. Part of that training is how to fill out I ask unanimous consent that four and neglect, this plague of tiny coffins will paperwork, and some of it emphasizes keep- articles on this subject be printed in continue. There are thousands of would-be ing families together. the RECORD. adoptive couples ready to provide loving But family preservation, however appeal- There being no objection, the mate- homes for kids who have been abused. Yet ing its philosophy and goals, has been dan- rial was ordered to be printed in the the system frustrates them at every turn. gerously oversold as an answer to child abuse and neglect, Gelles insists—and as cost RECORD, as follows: [From the Tampa Tribune, Apr. 21, 1996] savings for taxpayers. [From the Baltimore Sun, Dec. 4, 1995] He urges that the rights of abusing parents TAKE CHILDREN OUT OF HARM’S WAY TINY COFFINS be terminated much faster—after no more (By Joan Beck) (By Mona Charen) than a year, for example, for those with drug Every day at least three children in Amer- or alcohol problems who are not making WASHINGTON.—The death of 6-year-old ica die—killed by their parents or care- good progress in rehabilitation. He would Elisa Izquierdo, allegedly at the hands of her takers. Often they are also the victims of ef- also end parental rights quickly in cases like mother, has touched New York as few such forts by child protection agencies to keep David’s in which abusing parents have al- cases do. Her funeral was attended by the families together, whatever the risks. ready lost custody of another youngster. city’s mayor, the state’s lieutenant governor Such a child was David Edwards, dead at Gelles concedes that the foster-care system and hundreds of mourners who didn’t even the age of 15 months, whose mother, Darlene, is overwhelmed with the needs of all the know her. 23, called 911 one morning to say her son children who should be placed out of their It mystifies me that some cases of child wasn’t breathing. Paramedics arrived quick- homes for their own safety. But his other so- abuse receive extravagant attention and ly and immediately began CPR, inserting a lutions only nibble away at the problem. evoke the tears and guilty questions they breathing tube into his throat and rhyth- Making endangered children available for ought to arouse. Thousands of others are ig- mically compressing his chest in hopes of adoption at the youngest ages possible gives nored, their funerals sparsely attended, their keeping blood flowing to his brain. them the best shot they can have at a safe files closed, and we never ask how this is Continuing CPR, the paramedics rushed and benign childhood, Gelles points out. possible in a country that calls itself civ- David to a Rhode Island hospital, where fur- Adoptive parents are easiest to find for ba- ilized. According to Richard Gelles of the ther efforts at resuscitation were futile. An bies and toddlers, before a youngster has University of Rhode Island, between 1,200 autopsy showed signs of repeated child abuse been permanently damaged emotionally or and 1,400 children are killed by their parents and suffocation. Investigators found that physically by abuse. or caretakers every year in America. At after David’s father, Donald, had left for Even David’s sister was eventually adopt- least half are known to social-service agen- work, Darlene, who had been working as a ed, although she was permanently disabled cies before they die. prostitute out of their apartment, had enter- by her parents’ abuse. New parents could Elisa Izquierdo had been tormented for a tained a ‘‘trick.’’ To keep David quiet, she easily have been found for David had the very long time. When she died from a severe forcibly held him down and suffocated him. rights of his biological parents been termi- beating, her body bore old scars of scores of What’s chilling is that David was known to nated, Gelles points out. other injuries. Neighbors recalled hearing be at deadly risk. His parents had earlier lost Gelles also recommends setting up more her scream in pain and beg her mother not to custody of David’s older sister, Marie, be- small residential group homes. He says this hurt her. Her cousin, who had sued for cus- cause of severe abuse. The state child protec- setting gives a child the chance to make the tody, revealed that the mother had, among tive agency had been called twice about long-term attachment to a caring adult that other tortures, forced the child to eat her David. His father had raged at the case- is psychologically essential, although he own feces. worker when she tried to check on the child. does not recommend such homes for young- The number of New Yorkers who knew of But the casework plan had been to keep the sters under age 3. Elisa’s suffering but did nothing is astound- family together. Most important, every kind of help for ing. She was being seen regularly by social- Questioned after David’s funeral, attended abused children must put their safety first, service workers at her kindergarten. She was only by his grandparents and a state inves- Gelles insists, even at the expense of the known to the city’s Child Welfare Adminis- tigator, Darlene was charged with murder. rights of biological parents or the benign- tration and to a private agency that inter- She pleaded guilty to manslaughter and was sounding goals of family preservation. venes in troubled families. sentenced to four years in prison, followed Better solutions to problems of poverty, Social service agencies nationwide com- by a long probation. unemployment, dangerous neighborhoods, plain that they are impossibly overburdened. There’s nothing new about David’s story. drugs, teen pregnancy, crime and poor ‘‘There are people who have 40 cases,’’ com- Similar tragedies are old stuff in big-city schools would also help, Gelles agrees, in plained a caseworker to the New York newspapers and on TV stations. Only the hopes of reducing abuse and neglect. Better Times. ‘‘They don’t have time to go back and names of the children are different. welfare policies could help families ‘‘where make second visits.’’ Budget cuts have made But David shouldn’t have died, insists the overriding problems are those of poverty it even harder to do their jobs. Richard J. Gelles, director of the family vio- rather than inflicted injury or sexual abuse.’’ Who else can intervene? lence research program at the University of Gelles knows there is no single answer to Though I am generally opposed to bureauc- Rhode Island. Contributing to David’s death, problems of child abuse. He acknowledges racy, preventing child abuse is an exception. he says, are the laws, casework philosophy that family preservation efforts do help in Who else but the government can intervene and public sentiments that keep emphasizing some instances, that foster care sometimes to protect these children? The number of the rights of biological parents and the goal fails, that money and public patience run children in foster care is increasing dramati- of family preservation. out. But he has done a public service with cally, from 434,000 in 1982 to more than Like David, more than half of the annual his insistence that we make the well-being of 600,000 today. According to the American toll of 1,200 children killed by parents or children the center of our welfare and pro- Public Welfare Association, 70 percent of caretakers were already known by state or tection policies—in ways that we don’t now. S5714 CONGRESSIONAL RECORD — SENATE June 4, 1996 [From the Washington Post, May 12, 1996] the care of her mad mother. Given that the with the bureaucracy, to families deemed at ADOPT A SENSE OF OUTRAGE numerous social workers involved should risk of having their children removed. Finan- (By Mary McGrory) have been more watchful and more demand- cially supported and marketed by private ing, the mayor should have realized that the foundations such as the Edna McConnell After Sister Josephine finished her wrath- tragedy began with the custody award. Clark Foundation, embraced by the Chil- ful remarks about abused children at the Beshasrov, who served on the mayor’s com- dren’s Defense Fund and the Child Welfare spring adoption seminar in a Washington law mission, says the terrible irony is that the League of America, and ultimately the recip- office, the chairman, former Pennsylvania judge who made the decision had had Elisa’s ient of $1 billion of federal support, intensive governor Robert P. Casey, spoke in praise of mother before her when the first custody family-preservation programs are touted as outrage. choice was made. She apparently forgot all able to both preserve families and protect ‘‘If you don’t have a sense of outrage as a about it—and had no lawyer or clerk to re- children. politician, you are not worth a damn. If you mind her, thereby sentencing Elisa to beat- But reasonable efforts and intensive family have lost it, get out of politics.’’ ings and tortures and eventual death. preservation have been a false promise. He is quite right. Sister Josephine Murphy Too bad Giuliani didn’t read ‘‘The Book of Child-welfare-agency directors and workers of the Daughters of Charity told of the gross- David,’’ also a true-life tale, by Richard believe that family preservation and child ly abused babies who pass through her hands Gelles of the Family Violence Research Pro- safety can be balanced. Because they believe at St. Ann’s Infant and Maternity Home in gram of the University of Rhode Island. family-preservation programs are effective, Hyattsville, where she is the administrator. Gelles, author of 20 books about child wel- child welfare agencies and workers often I add, in the interests of full disclosure, that fare, is currently in Washington, working for make every possible effort to preserve fami- I am a friend and fan of hers and awestruck Sen. Fred Thompson (R–Tenn) on adoption lies, even when what they are preserving at her competence. I believe she could run laws. David, 15 months old, died at the hands could hardly be called a family and even the Defense Department. I am familiar with of his mother, a part-time prostitute. It was when there is no evidence that the parents her views on what she regards as the uneven avoidable. His mother had also abused Da- can or will change their abusive behavior. contest between women and children—she vid’s older sister, almost to death. Gelles There have been nearly a dozen scientifically notes with asperity the hullabaloo over rape shows the tension in social workers who reputable evaluations of intensive family- in contrast to the relatively mild sentences must work under warring mandates: inves- preservation programs and not one has found for infanticide. tigating abusive parents while drawing up that such programs reduce costs, reduce out- She described graphically the sufferings of plans to reunite them with their endangered of-home placements, or improve child safety. the abused, abandoned and neglected; infants children. Similarly, research finds that children need who have been burned at an open fire; chil- The policy, Gelles says, comes of ‘‘a per- a stable, giving caretaker, not necessary a dren raped and assaulted—and sent back to sistent unwillingness to put children first.’’ biological caretaker. their abusive homes by judges who don’t care It is also the unwillingness of public men to It is a fiction to believe one can balance to know what is happening. She told of a 7- break shibboleths. We as a nation, profess to preservation and safety without tilting in year-old boy who reproached her for sending believe that all mothers are like Whistler’s favor of parents and placing children at risk. him home. He warned her that when he grew and that a ‘‘family’’ can consist of one fe- More than 1,200 children are killed by their up he was going to ‘‘go out and kill my male, a drug addict and a ‘‘home,’’ a drug parents or caretakers such year, and nearly mother’s boyfriend.’’ She had a warning too. den. As Casey says, outrage is needed. half of these children are killed after they or ‘‘The money we don’t spend protecting chil- their parents have come to the attention of dren we will have to spend on jails.’’ [From the Weekly Standard, May 27, 1996] child welfare agencies. Tens of thousands, if The Family Reunification and Preserva- not hundreds of thousands, of children are TWO WORDS THAT KILL tion Act is the cause of these grotesque prac- re-abused each year after they or their par- tices. The body count of children abused to (By Richard J. Gelles) ents have been identified by child welfare death in 1995 was 1,271, according to the Na- What if, by changing two words in a federal agencies. tional Committee to Prevent Child Abuse. law, you could prevent the deaths of hun- It is time to replace the words ‘‘reasonable Yet in the much-praised adoption reform dreds of children each year and also prevent efforts’’ with two others: ‘‘child safety.’’ It is bills being pushed through Congress in time tens or even hundreds of thousands of abused time to fact up to the fact that some parents for Mother’s Day, no mention is made of children from being victimized again and are not capable of being parents, cannot be this. again? changed, and should not continue to be al- The law’s folly—requiring social workers For 16 years, child welfare policies have lowed to care for children. Of course, the to make ‘‘reasonable efforts’’ to send a child been guided by two words: ‘‘reasonable ef- change will be a bit difficult than merely back to abusive parents—was remarked upon forts.’’ One of the cornerstones of the Adop- substituting two words. There will be howls at the seminar by William Pierce, president tion Assistance and Child Welfare Act of 1980 of protest from advocates who will claim of the National Council for Adoption. Imag- (PL 96–272) was the mandate that states that abolishing ‘‘reasonable efforts’’ means ine, he said, if a wife-batterer were brought make ‘‘reasonable efforts’’ to keep or reunite that more children will be placed in foster into court and the judge ordered the wife to abused and neglected children with their bio- care, thus straining already over-taxed state return to him while he tried to straighten logical parents. This provision was designed child welfare budgets. Claims that children out. to reduce the number of maltreated children are abused or harmed by foster care will also The pendulum has begun to swing the placed in foster care. Although reducing the be trotted out, typically without actual re- other way, Casey says. Some states have cost of out-of-home placement was certainly search to support such claims. Indeed, some passed laws requiring delinquent parents to a factor behind the reasonable-efforts provi- children are harmed in foster care, but re- improve within a year—or forego their pa- sion, the major rationale for these two words search does show that abused children placed rental rights. was the deep-seated belief that children do out of the home do better in the short and Why don’t politicians seize on this deadly best when raised by their biological parents long runs than children left with abusive and danger to children? Well, it could be dan- and that parents will stop maltreating their neglectful parents. Advocates will also argue gerous to them. Douglas Besharov of the children if they are provided with sufficient that child welfare policy should not be based American Enterprise Institute, a leading au- personal, social and economic resources. on child fatalities, because such fatalities thority on child welfare, points out the polit- There was bipartisan support for the doc- are rare. Well, child fatalities are not rare ical trickiness of revising the statute. trine of reasonable efforts. Conservatives enough. Elisa Izquierdo in New York City, ‘‘Don’t forget,’’ he says, ‘‘that six years ago supported it because it was consistent with a Joseph Wallace in Chicago, and hundreds of David Dinkins ran for mayor of New York family-values approach to social policy. Lib- other less publicized child fatalities were the against [Ed] Koch on a charge that he was erals supported it because it was in the best direct results of unreasonable efforts to keep taking too many black kids away from their tradition of the safety net for children and children with their abusive biological care- families.’’ families in need. Child advocates enthu- takers. A change in two words will force Maybe that is why today’s mayor, Rudy siastically embraced ‘‘reasonable efforts’’ be- child welfare agencies to take steps to en- Giuliani, one of the most astute politicians cause they saw taking children from abusive hance and speed up adoptions and to consider in the country, is avoiding the issue in the parents as even more harmful than the the use of congregate care facilities (or what most notorious (and still reverberating) abuse, because they felt there was subtle rac- some have called ‘‘orphanages’’) for some child-abuse horror: the murder of 6-year old ism in the child welfare system that made children who have no other safe permanent Elisa Izquierdo by her mother. Giuliani has minority children more likely to be placed in home. created a new child welfare agency and a re- foster care, and because ‘‘reasonable efforts’’ The 1995 report on child fatalities by the view panel that issued a voluminous report created a new funding stream for a social U.S. Advisory Board on Child Abuse and Ne- and suspended two employees involved in the service system whose funding, in the 1980s, glect was dedicated to children killed by par- case. But he never came to grips with the was being restricted or cut. ents or caretakers and concluded with a rec- crime in the courtroom. Soon after the adoption of the doctrine of ommendation that all child and family pro- Elisa had been in the care of her adoring reasonable efforts, family-preservation pro- grams make child safety a ‘‘major priority.’’ father. When he died, his sister, Elisa’s aunt, grams were developed. These provide inten- Changing two words in welfare reform legis- applied for custody. But under the Family sive services, such as parent education, help lation now before Congress would go a long Reunification Act, the judge gave Elisa into with housekeeping, and assistance dealing way toward achieving that goal. June 4, 1996 CONGRESSIONAL RECORD — SENATE S5715 The PRESIDING OFFICER. The Sen- I thank the Senator from Nebraska asked and answered before the Senate ator from Arizona. and I yield whatever remaining time I can judge the need to embark on a Mr. KYL. Mr. President, I ask unani- have. crash program to field a national mis- mous consent that whatever time be- f sile defense system in 6 years. yond the hour of 10:30 is taken in morn- What is the threat of ballistic missile ing business be added on to the period CONCLUSION OF MORNING attack facing the United States today of time for debate so that, on the Mis- BUSINESS and in the near future? sile Defense Act, there is still a total of The PRESIDING OFFICER. Morning From where does this threat origi- 2 hours equally divided between the business is closed. nate? And are there other less costly, two sides. f more effective means of meeting this Mr. EXON. May I ask a question? threat, whatever it is? DEFEND AMERICA ACT OF 1996— Will the Senator yield for a question? What is meant when the bill requires MOTION TO PROCEED Mr. KYL. Certainly. a defense against a ‘‘limited, unauthor- Mr. EXON. Would the Senator also The PRESIDING OFFICER. The Sen- ized, and accidental attack’’ What is add on 3 minutes for the Senator from ate will now resume consideration of the likelihood of such attacks occur- Massachusetts? the motion to proceed to S. 1635. The ring? And what type of missile defense Mr. KYL. Certainly. I will add that clerk will report. is necessary in order to blunt such an to the unanimous-consent request. The bill clerk read as follows: attack if there is one? The PRESIDING OFFICER. Under A motion to proceed to the consideration What type of attacks against the the unanimous consent, the Senator of the bill (S. 1635) to establish a United United States using weapons of mass from Nebraska has 15 minutes, the Sen- States policy for the deployment of a na- destruction would the Dole star wars ator from Massachusetts has 3 min- tional missile defense system, and for other system be powerless to defend against? purposes. utes, which will be added on to make 2 How are we as a nation addressing this hours for missile defense. The Senate resumed consideration of terrorist threat and how would pursu- The Senator from Nebraska. the motion to proceed. ing a star wars system affect the time- Mr. EXON. Mr. President, if I have The PRESIDING OFFICER. Under liness of these efforts? the floor, I yield 3 minutes to the Sen- the unanimous-consent agreement, What is the cost of the mandate con- ator from Massachusetts at this time. there will be 2 hours allotted to this tained in the Dole star wars bill and The PRESIDING OFFICER. The Sen- issue. how will it be paid for? Or to turn the ator from Massachusetts. Mr. EXON. Mr. President, the Dole question around, what social program f star wars bill the Senate is debating is or other defense priority will suffer as a reckless and expensive attempt to a result of this expensive undertaking. HIGHER EDUCATION recreate the nostalgia of the cold war What are the consequences of fielding Mr. KENNEDY. Mr. President, I rise through the regrettable and unwar- a missile defense system that violates just to take a moment of the Senate’s ranted use of fear and fabrication. Over the existing limitations of the ABM time to alert the membership, and also the last several years, the majority has Treaty, as required by the Dole star those who are interested in education, resolutely turned a deaf ear to the ob- wars bill? about the President’s speech at Prince- jections of millions of men, women, Will implementation of the START I ton University, which is taking place and children at risk while it contin- Treaty be endangered? at 10:40 today. That will be a very im- ually snips away at America’s safety Will ratification of the START II portant speech about this Nation’s net. But in a conversion worthy of Je- Treaty by the Russian Duma be jeop- commitment in the area of higher edu- kyll and Hyde, the majority is passion- ardized if we renege on our ABM Trea- cation. What we are going to see at our ately arguing that we throw open the ty obligation? universities, over the period of the next Treasury doors to create a new defense Will it affect other arms control 7 years, is an expansion of the number safety net to take the place of the so- agreements pending or in the future if of students by some 12 percent. cial safety net it is intent on unravel- America backs down and violates a As we debated the recent budget res- ing. Multibillion-dollar missile launch- treaty, such treaties as the Chemicals olution, there was going to be a con- ers will replace school lunches in this Weapons Convention and the Com- tinuing deterioration in the support for new gilded net. Guns in the sky will re- prehensive Test Ban Treaty? the Pell grants. Under the proposal place efforts to remove guns from our Will implementation of the Dole star that the President is advancing today, school playgrounds. Money that used wars system prompt an expensive and effectively what he is going to be put- to help the poor buy heating fuel in destabilizing arms race which would ting before the Congress is a guarantee winter will now heat lasers orbiting otherwise not occur? for continuing education for any high the Earth. Is missile defense technology suffi- school students who get a B average in The underlying premise of the Dole ciently mature to mandate a 2003 de- their senior year, to go to a commu- star wars bill is that the ballistic mis- ployment date? Of course not. nity college and be able to put together sile threat targeted toward the United Will the fly-before-you-buy principle an expanded Pell grant plus some re- States is so great, so urgent that noth- be applied to this highly advanced and fundable credits so that students will ing short of a crash program similar to sophisticated technology through ex- be able to attend community colleges. the race to the Moon in the 1960’s will tensive testing and evaluation prior to More than 66 percent of the Nation’s do. No cost to the American taxpayers the operational deployment? community colleges will be eligible. is too great. No arms control treaty is What has been the record of missile This, I think, is a strong commitment too valuable. The siren call behind the defense testing to date? That is an im- to provide incentives to young people Dole star wars bill is a seductive one portant question. to continue their education. It is a na- indeed: If you believe in a strong na- Are we rushing to judgment on cer- tional commitment to make sure that tional defense, then you must be will- tain technologies which may be obso- education has the priority that I be- ing to shield America against missile lete and marginally effective in order lieve most families believe it should attack—a missile attack anywhere, to meet an arbitrary date upon which have, in terms of our Nation’s commit- anytime—regardless of the con- there is no basis for its selection? ment. sequences. But, like the sirens tempt- Finally, what are the alleged short- At an appropriate time I will present ing Odysseus, to heed the call will comings of the administration’s 3-plus- for the RECORD a statement and addi- bring catastrophe, not security. 3 missile defense plan which the Dole tional comments, but it does seem to The packaging of the Dole star wars star wars bill professes to correct? me this is a bold initiative in the area bill is slick and the rhetoric is packed The Secretary of Defense, the Chair- of education that ought to have appeal with chest-thumping patriotism. But man of the Joint Chiefs, and the serv- to every working family in this coun- the issue of missile defense is much ice chiefs are in solid support of the try who dreams about educational op- more complex than it may seem to two-step plan to develop the tech- portunities for its children. some. A number of questions need to be nology over the next 3 years and then— S5716 CONGRESSIONAL RECORD — SENATE June 4, 1996 and then, Mr. President, and then would cost the U.S. taxpayers, accord- survive. What chance does the North only—make a decision as to the wis- ing to the Congressional Budget Office, Korean Communist regime have to sur- dom of deploying in 3 years. Why is $31 to $60 billion, not including operat- vive another 15 years, not to mention this unanimous opinion of the civilian ing and support costs associated with at the same time developing and de- and military leadership of this country the system once it is deployed or the ploying a nuclear weapon and a missile in the Pentagon not sound? cost of buying and launching the sat- delivery system that could be success- These are just a few of the questions ellites necessary to maintain the sys- ful in targeting the United States, at relevant to the Dole star wars bill at tem as existing satellites begin to fail. least in that timeframe? 91⁄2 pages in length. That is what that According to CBO, the Most people in the United States un- bill takes up. The bill is deceptively postdeployment costs would reach a derstand that the United States must modest, but beyond the printed words few hundred million dollars annually be more realistic, and the likely attack are many consequences, both intended by 2005 when ground-based systems and on American soil using a weapon of and perhaps unintended, which must be space-based sensors would be in place. mass destruction would come in the seriously considered, I suggest, before After 2010, though, operating and sup- form of a terrorist attack similar to far-reaching legislation is voted upon. port costs would increase significantly what took place at the World Trade In a general sense, I am disappointed because of the need to launch replace- Center or in Oklahoma City. that the majority is insisting on rais- ments for any space-based system Terrorist groups have the means ing the Dole star wars bill at this time. which wear out over time. today to launch an attack that could Why is that necessary? The issue is al- The CBO goes on to predict that at kill thousands of Americans using ready intractably ensnarled in the web some point, new technology or reas- chemical and biological weaponry. As of Presidential politics, and I lament sessment of the defense situation could an open society, we are as a nation at the unavoidable reality that support lead to changes in the system which extremely high risk and vulnerable to for the Dole star wars bill by Members could raise the costs even much higher. such attack. Only through the fine of the majority party will be seen as Overall costs to implement the Dole work of our intelligence and law en- some sort of test of party allegiance star wars bill could easily approach $70 forcement community have many of and debate concerning important na- to $80 billion. This is in addition to the these plots been foiled. Why would a terrorist group or rogue tional security issues, such as missile $100 billion our Nation has already nation spend 15 to 20 years and billions defenses, should be separated—should spent on missile defense programs. of dollars to manufacture a rudi- be separated—completely, Mr. Presi- Mr. President, a word of caution. Our Nation is also pursuing a multilayered mentary—— dent, from the game of Presidential The PRESIDING OFFICER. The Sen- chess playing. theater missile defense system to pro- tect our troops in the field against bal- ator’s time has expired. Senator DOLE, in his May 23 opening Mr. EXON. Mr. President, I ask unan- listic missile attack. I strongly support statement on this bill, made it clear imous consent for an additional 4 min- this, as does the President and the that the two shall be intertwined. Per- utes. haps the most curious statement made members of the Joint Chiefs. This Sen- The PRESIDING OFFICER. Is there by Senator DOLE during his initial ator agrees with our uniform and civil- objection? Without objection, it is so floor debate was when he disavowed ian leaders that the theater missile de- ordered. forcing the Secretary of Defense to do fenses is our most immediate concern Mr. EXON. Why would a terrorist anything, though the bill mandates the and deserves to be our top priority. But group or rogue nation spend 15 or 20 deployment of a highly effective multi- the pricetag for developing, producing, years and billions of dollars to manu- layered missile defense system capable deploying, and operating these land- facture a rudimentary nuclear warhead of intersecting dozens of warheads. based and sea-based theater systems and long-range ballistic missile deliv- Senator DOLE is quoted in the CON- will add a minimum of $20 to $30 bil- ery system which would lead a notice- GRESSIONAL RECORD as saying: lion, increasing our running missile de- able trail from where it was launched, The choice of what type of system is left fense bill to nearly one-quarter of a when a weapon concealed in a suitcase up to the Secretary of Defense . . . The deci- trillion dollars before it is all over. or on the back of a rented truck can do sion on what is affordable and effective is Before we can commit to building a the same job right now at a small frac- left up to the Secretary of Defense. $60 billion national missile defense sys- tion of the cost and with much greater Why is it that the distinguished ma- tem, perhaps there should be a more in- anonymity? jority leader professes to defer to the volved discussion, Mr. President, of Not only is the Dole star wars system Secretary of Defense on such fun- who or what are we defending against. useless in defending America against damental aspects of the program de- Three of the four nations capable of such a threat, it would divert scarce re- tails but feels compelled to overturn launching a nuclear-armed interconti- sources from the immediate and press- his wisdom on the need—on the need— nental ballistic missile are American ing concerns of combating terrorism for and timing of the deployment of a allies. And the fourth, China, possesses and protecting our troops in the field national defense missile system? an arsenal that could easily overwhelm against theater ballistic missile at- The Senate cannot have it both ways. the sort of limited defense mandated tacks. If Congress forces the hand of the Pen- by the Dole star wars bill, though why Aside from the cost of the Dole Star tagon contrary to its wishes to decide China would launch such a suicidal nu- Wars Program, Mr. President, the ques- in 1996 that we shall deploy such a sys- clear holocaust is difficult to imagine. tion of the need to pursue a crash pro- tem by the year 2003, we cannot walk The best national intelligence esti- gram of a decision to deploy a system away from the cost of the decision, the mate we have is that the threat of a that is not in compliance with the limitation it places on the type of ar- Third World nation possessing the ca- ABM Treaty carries with it immense chitecture to be used and the con- pability to strike the United States is consequences, not only as to the reli- sequences such a preemptive breach of at least 50 years away. Furthermore, ability of the United States to uphold the ABM Treaty will have on other as- the nation most often mentioned as a its treaty obligations, but also the fu- pects of arms control treaties that are rogue state and emerging threat to the ture of ongoing arms control programs ongoing and also affects the future ef- United States is North Korea, though and policies. It would be sadly ironic forts to curb the proliferation of weap- they have not ever developed or tested from the standpoint of whether other ons of mass destruction. a missile anywhere near capable of nations would believe us if passage of Mr. President, approval of the Dole striking a major U.S. population cen- the Dole star wars bill jeopardizes im- star wars bill will have a definite anti ter. plementation of the START I and rati- effect and serious consequences, not Furthermore, current reports are fication of START II by the Russian the least of which are in the area of that North Korea is economically Duma. That would be a tragedy, and we cost. In the last 34 years, the United bankrupt and in the process of melting cannot accept that risk. These accords, States has spent $100 billion on missile down internally. Unable to feed itself, if fully realized, would eliminate over defense programs. To proceed, as the the North Korean Army is reported to 5,000 nuclear warheads designed to Dole star wars bill would have us do, be eating grass and roots in order to strike America. June 4, 1996 CONGRESSIONAL RECORD — SENATE S5717 We cannot be frivolous about the fu- lic is saying about the Dole star wars You do not place the fate of thousands of ture of START I and START II. These bill before they cast their votes on this American lives on unproven technology of are the most significant arms reduc- expensive, unnecessary, and destabiliz- uncertain proficiency. You eliminate the threat before it eliminates you, a strategy tion treaties in the history of mankind, ing proposition. that would make deployment of a missile de- major strides away from the prospect There being no objection, the mate- fense system pointless and redundant.—‘‘Of- of nuclear holocaust and the lingering rial was ordered to be printed in the fense is Best Missile Defense: America needs shadow of the cold war. Abrogation of RECORD, as follows: a system to protect deployed troops, but the ABM Treaty in the pursuit of en- AMERICA’S EDITORS OPPOSE NEW STAR WARS should take out attack capability of rogue hanced national security would be fool- PLANS nation,’’ Patriot and Evening News, Harris- hardy if it halted the destruction of the Now, here’s Dole & Co., seeking another $20 burg, PA, May 13, 1996. billion for that gold-plated rat hole, lest we If it makes sense to support Star Wars to very nuclear weapon delivery systems defend our nation from a possible future nu- we are trying to defend against. Such a become vulnerable to North Korea or Libya, a truly screwball idea. Never mind that a few clear attack by North Korea and Libya, scenario, if played out, would likely en- well-placed cruise missile could erase both doesn’t it logically follow that we should dis- danger other concrete efforts, such as nations’ military capability.—‘‘Resurrection courage nations from spreading nuclear the Chemical Weapons Convention and of Star Wars,’’ the Chattanooga Times, Chat- weapons to Pakistan? If we really want to the Comprehensive Test Ban Treaty, to tanooga, TN, May 15, 1996. protect our nation from nuclear attack, halt the spread of weapons of mass de- The Clinton administration . . . takes the doesn’t it make sense to do as much as pos- sible to dismantle nuclear weapons that are struction. reasonable position that Washington should be certain of the kind of threat it is trying already in place, able to reach the United In short, our actions, if we go for and States?—‘‘What’s Riggs’ Defense Stand?’’ the vote for the Dole star wars bill, should to protect against before committing to such a system. .. . This new and unimproved pro- Napa Valley Register, Napa, CA, May 14, not be considered in a vacuum. In- posal to commit as much as $20 billion to an 1996. Actions taken by Congress last week sug- tended or not, implementation of the unproven, destabilizing defense system is gest that federal funding priorities remain as Dole star wars bill would have a far- nothing more than a political ploy that skewed as ever. . . . It is difficult if not im- reaching, chilling effect on the future trivializes a deadly serious issue.—‘‘Indefen- possible to accurately estimate the costs of sible Then and Now,’’ St. Petersburg Times, of arms control. Dole’s ‘‘Defend America Act.’’ Costs could Often forgotten in the debate on the St. Petersburg, FL, May 19, 1996. One of the most wasteful items (in the range from $5 billion. . . . to more than $44 national missile defense is the question billion. . . . This despite the fact that only of whether technology is sufficiently House defense budget) is the $4 billion ear- marked to construct a missile defense sys- China and the former Soviet Union possess ballistic missiles capable of reaching the mature enough to mandate the year tem by 2003. This dubious ‘‘Son of Star United States at this time.—‘‘How Much for 2003 as the deployment date. The Wars’’ could wind up costing as much as $54 Defense?’’ Intelligencer-Journal, Lancaster, record of missile interceptor testing to billion before it finally could be deployed.— date and in the foreseeable future is PA, May 16, 1996. ‘‘Fort Pork Gets Reinforced,’’ the Miami Political and budgetary considerations one of more failure than success. In the Herald, Miami, FL, May 20, 1996. aside, a national missile defense system The Defend America Act is a transparent rush to deploy a prototype system should not be developed until the proper effort to manufacture an issue to help resus- using highly advanced and sophisti- technology is at hand.—‘‘The Missile Flap,’’ citate the Dole campaign. Election-year cated technology by the year 2003, we the Boston Globe, May 23, 1996. pressures are no excuse for spending billions Congress’ worst-kept secret is out: Mem- will be forsaking, Mr. President, the- of dollars to produce a missile defense sys- fly-before-you-buy principle that has bers are acknowledging . . . that defense tem that is likely to be out of date the day spending is driven in part by its value as a served us well in recent years. it is completed.—‘‘Star Wars, the Sequel,’’ local jobs program, not necessarily by the Not only will we be limiting the test- the New York Times, May 14, 1996. nation’s priority needs. . . . Most conten- ing and evaluation of the system in a It doesn’t make any sense to be cutting tious is the congressional stampede to rush push to field a system at an earlier and budgets for students, the elderly, and low-in- new spending on a missile defense program unnecessary date, we will be locking come families so that the Pentagon can have when the CIA says the threat remains highly ourselves into certain technologies billions more to develop a missile defense remove.—‘‘Using Defense Budget as Jobs system that will be outdated by the time any Program Robs Public,’’ USA Today, May 20, which may become obsolete by the nation poses a threat.—‘‘Costly Rush to Star year 2003. 1996. Wars Weapons,’’ Idaho Falls Post-Register, In the defense bills passed by the House Contrary to the claims of the pro- Idaho Falls, ID, May 17, 1996. and the Senate, GOP lawmakers seem to ponents of this bill, the administration Clinton’s approach to spend a few million think money is no object. The same Congress is pursuing a program to develop and dollars on missile-defense research while that is shredding the safety net for the poor, deploy a continental missile system to monitoring hostile nations makes eminently raising the cost of college for students and meet the future threat. The so-called 3- more sense.—‘‘Errant Missile: Clinton shrinking Medicare is pushing on the Penta- plus-3 Program is a two-step plan to Should Challenge Defense Budget,’’ Star gon weapons the military doesn’t want or Tribune, Minneapolis, MN, May 24, 1996. develop the necessary technology over need. That kind of profigacy surely deserves Why waste billions on a system that will the veto president Clinton is weighing.— the next 3 years and then make a deci- not work to defend against a threat that ‘‘The Defense Pork Barrel,’’ the Sacramento sion as to the wisdom of deploying a does not exist? Congressional Republicans Bee, Sacramento, CA, September 15, 1995. system in the subsequent 3 years. The are trying to buy an election issue with tax- The president must balance the true need Secretary of Defense, the Chairman of payers’ money.—‘‘If Missile-Defense Systems for this investment in preparedness against the Joint Chiefs, and the Service Chiefs were Horses,’’ the Atlanta Constitution, At- the pledge to balance the budget in seven lanta, GA, May 23, 1996. years and, more importantly, against the are in solid support of this reasonable When lawmakers fixate on boosting de- and responsible approach. Our best level of preparedness potentially lost in such fense industries in their districts, when par- areas as education, job training and health war-fighters and intelligence experts tisans demagogue a defend-America issue. care if the money is to be found for the mili- agree that approval of the Dole star . . . you can bet there’ll be precious little tary.—‘‘Military Questions and Spending.’’ wars plan would be folly in that the peace dividend left to apply against Ameri- Bangor Daily News, Bangor, ME, May 16, threat simply does not exist in the ca’s mountain of debt.—‘‘Cold Warriors 1996. near term to justify jeopardizing the Spend On,’’ the Atlanta Journal/The Atlanta The GOP revival of Star Wars, dubbed by arms control treaties that will allow Constitution, Atlanta, GA, May 19, 1996. its sponsors the ‘‘Defend America Act,’’ Call it the $60 billion campaign promise. the military to fund other spending looks more political than military in intent. . . . There is no guarantee the new system . . . If ‘‘SDI-the Sequel’’ passes, Mr. Clinton priorities within the military. will work. The United States spent $35 bil- should veto it, and remind Americans they The American people understand the lion on Reagan’s Star Wars dream and built need to be spending scarce resources on on- folly of the Dole star wars bill as well. nothing.—‘‘Star Wars is an Awfully Expen- going social and economic, not military, bat- I have a collection of over three dozen sive Republican Dream,’’ the Hartford Cou- tles.—‘‘Newt’s War Toy,’’ the Berkshire newspaper editorials from around the rant, May 25, 1996. Eagle, Pittsfield, MA, May 12, 1996. country in opposition to this bill. I ask And for all claims of defending America The administration’s plan is realistic both unanimous consent that excerpts of against any and all attacks, the most sophis- in facing up to a rogue-missile threat and in ticated space-based defense system is help- taking into account the considered view of these editorials in opposition to the less in the face of a single, earth-bound ter- U.S. intelligence that the threat is more Dole star wars bill be printed in the rorist hell-bent on destruction.—‘‘Does U.S. than 15 years away.—‘‘Prudent Steps on Mis- RECORD so that my colleagues can bet- Need New Defense System,’’ the Plain Deal- sile Defense,’’ the Washington Post, May 14, ter understand what the American pub- er, Cleveland, OH, May 5, 1996. 1996. S5718 CONGRESSIONAL RECORD — SENATE June 4, 1996 Shorter-range missiles are an immediate vides estimates of their effectiveness, sched- Threat levels considered in this report danger to US forces stationed overseas . . . ules, relative risks, and requirements for ac- range from an attack by four unsophisti- Theater missile defenses thus make more quisition and deployment funding. The archi- cated warheads, to an attack by 200 MIRV sense and should have a faster development tecture options are meant to be representa- warheads with complex payloads launched rack, as in fact they do. To try to invert tive of general classes of national missile de- nearly simultaneously by 20 boosters. The these priorities and make a pitch for quick fense systems. The performance levels, largest attack used in this report is consist- development of a system for national defense which are also meant to be representative, ent with the existing JROC-validated oper- . . . is foolishness. It would divert money are in fact dependent on many variables, ational requirement for National Missile De- from more-important defense needs.— such as threat characteristics and oper- fense. This requirement was previously ‘‘Spacey on Defense,’’ the Christian Science ational procedures. The examples presented shown, in the GPALS COEA and other analy- Monitor, May 17, 1996. are not ‘‘tuned’’ to any particular threat or ses, to require multilayer defenses with Those who oppose missile defense as desta- defense mission, so that modified weapon or space based elements for high effectiveness. bilizing owe it to this nation to conduct a sensor inventories could provide different Some degradation in performance could arise thorough review. It is appropriate to ask performance and could handle different due to the responses that threat countries whether the U.S. should develop and deploy threats. might take to the presence of any specific a more modest system . . . A thoughtful BMDO does not advocate any one or an- defense we might deploy, but such responses analysis produces this policy: robust re- other of these architectures or architecture can be offset by straightforward upgrades to search, yes, but no to setting an artificial classes as end point systems. Rather, our the defenses discussed in this report. Threats date for deployment before these questions current program has adopted a strategy of containing greater than 200 warheads also re- are answered.—‘‘A Wise Pause on Missile De- evolutionary defense. This strategy address- main possible for the foreseeable future. fense,’’ Chicago Tribune, May 24, 1996. es the wide range of threat possibilities ex- The damage denial performance of an ar- isting in the uncertain and unpredictable fu- chitecture is an extremely stringent measure Mr. EXON. I yield the floor. ture. The range of such threats includes The PRESIDING OFFICER. The Sen- of effectiveness, demanding that, on the av- events such as a third world nation acquiring erage, leakage be reduced to one warhead or ator from Arizona. and threatening to use a few ballistic mis- less. Less perfect defense performance, such Mr. KYL. Mr. President, I am stand- siles armed with weapons of mass destruc- as the negation of 190 of 200 attacking war- ing in momentarily for Senator DOLE. I tion, China using its ballistic missiles to pre- heads, would also be highly valuable both as will call on Senator SMITH in just a vent US action in Korea, an unauthorized a defense and as a deterrent to the use of bal- moment. limited attack used to instigate a conflict, listic missiles. First, I ask unanimous consent that or a return to a nuclear standoff with a Accordingly, in the body of this report, we the executive summary, some three or major nuclear power. The BMDO program also show how well each of the architectural addresses all of these, consistent with the as- four pages of a document entitled the variants could negate the warheads in the sessed likelihood of these threats and within spectrum of representative attacks we con- ‘‘National Missile Defense Options’’ its allotted funds. sidered. prepared in response to the House Na- With adequate annual budgets, all of the Figure EX–2 provides a brief description tional Security Committee by the Bal- architectures presented here can lead to an and summary of the four architecture classes listic Missile Defense Organization, initial operational capability between 2000 in this report, which are all supported by our dated July 31, 1995, be printed in the and 2007, but with varying risks. These dates NMD architecture strategy and modular ap- are, in some cases, earlier operational time- RECORD. proach. Additional design, performance, and frames than have been previously described programmatic details follow. None of the There being no objection, the mate- for NMD options. These later dates were rial was ordered to be printed in the proposed systems has been formally evalu- valid because the programs were budget con- ated for compliance with the ABM Treaty. RECORD, as follows: strained, used more traditional acquisition ‘‘All Ground Based’’ architectures have (From the Ballistic Missile Defense approaches, and risks were limited to be low BM/C 3, ground based radars and ground Organization) to moderate. based interceptors. The ground based radars 1 NATIONAL MISSILE DEFENSE OPTIONS Figure EX–1 identifies the four architec- include early warning radars, other existing ture classes discussed in the report—each ABSTRACT radars and BMD radars. In common with the with a range of capabilities and acquisition other architectures, DSP or SBIRs (High) This document responds to a request from costs as illustrated. These architectures are provide cueing to the BMD system. Entry the House National Security Committee to classified by where their sensors and weap- level defenses with 20 interceptors at Grand report on specific programmatic, funding, ons would be based. Other concepts that in- Forks could deny damage against a few war- and architecture options for the development clude potentially promising sea-based or heads, with moderate relative risk, by FY and deployment of national missile defenses. Navy systems will be addressed in future re- 1999 to 2000 for an estimated $3,500M (the As requested, it describes architecture op- ports. BMDO Tiger Team ‘‘2+2’’ solution) or by late tions that contain only ground based ele- The costs reflected by this report are FY 2001 with low-moderate relative risk for ments, those that contain only space-based rough order of magnitude (ROM) projections an estimated $4,800M. Expanding the systems elements, and those with both. The architec- of the remaining development and acquisi- to multiple sites with more radars and inter- tures described in the report build on the tion costs in FY95 dollars. They reflect an- ceptors, at costs up to about $12,200M, could current BMDO program, including the legacy ticipated savings from acquisition streamlin- increase the defense effectiveness. These ex- from previous years. With adequate funding ing and have been developed using a standard panded architectures could achieve ‘‘good’’ and streamlined acquisition, initial oper- set of assumptions, some of which might not damage denial performance against threats ational capability of these options ranges actually be implemented on any given pro- of up to about 50 warheads. from FY2000 to 2007, preliminary cost esti- gram. The candidate National Missile De- ‘‘Ground Based/Space Sensor’’ architec- mates range from $4,800M to $43,100M (FY 95 fense elements discussed here are not now in tures contain BM/C 3, ground based radars, a $), and relative risks range from low to high. an acquisition program and have not been space based sensor constellation, Space and The architectures span a large range in the subjected to the rigorous planning and cost- Missile Tracking System (SBIRs [low]), for- threat levels against which they can protect, ing reviews usually associated with defense merly known as Brilliant Eyes), and ground in their estimated cost, and in their support acquisition. based interceptors. The space sensors im- to theater missile defense. None of the archi- Two measures of capability are reflected in prove this architecture’s performance. It tectures has been formally evaluated for the figure: the threat levels to which the ar- could be operational by FY 2004 with mod- compliance with the ABM Treaty. chitecture can deny damage to the United erate relative risk. This is BMDO’s ‘‘objec- EXECUTIVE SUMMARY States with at least 50 percent probability, tive architecture’’ that is the focus of the In response to a request from the House which is equivalent to enforcing less than current NMD Technology Readiness Pro- National Security Committee, dated Feb- one leaker (on average), and the area pro- gram. An initial one-site, 100–GBI option, ruary 21, 1995, this report describes a variety tected (i.e., US only or global). The use of Case A, costing an estimated $11,000M, could of architectures that could be deployed for damage denial probability was chosen as the provide ‘‘good’’ performance for threats of National Missile Defense. In keeping with appropriate measure of effectiveness for this about 20 warheads. Expanded inventories and the DOD thrust for acquisition reform, the report because it follows from the Oper- additional interceptor/radar sites could costs and schedules are predicated on suc- ational Requirements Document (ORD) es- achieve ‘‘good’’ performance against threat cessful acquisition streamlining to reduce tablished for Ballistic Missile Defense and levels of 70 warheads or more with costs up acquisition costs and shorten schedules for validated by the Joint Requirements Over- to about $20,100M. an operational capability. sight Council (JROC). This requirement ‘‘All Space Based’’ architectures would Consistent with the specifics of the re- specified the confidence level and the prob- achieve a higher capability against MIRV quest, the report describes example alter- ability that no warheads would penetrate a systems and provide coverage of assets be- native architectures that are compatible defense system in the face of a ballistic mis- yond the United States with costs starting with technologies and prototypes being de- sile attack. at about $20,000M. Two types of space based veloped by BMDO, and that could be made systems are considered in this report, chemi- available for deployment. The report pro- 1 Figure EX–1 not reproducible in the RECORD. cal lasers and rocket-boosted kinetic kill June 4, 1996 CONGRESSIONAL RECORD — SENATE S5719 interceptors. Space based chemical lasers $43,100M with IOC and relative risks as noted risks from moderate to low in ground-based offer the capability to intercept during boost above. systems than would be required to reduce phase against theater threats as well as stra- Finally, combined ‘‘Space and Ground risks for space based lasers from high to tegic threats. This capability greatly en- Based’’ architectures, which include BM/C3, moderate. However, definitive risk reduction hances the performance of theater missile weapons, and sensors on the ground and in timelines and costs for all the architectures defense architectures, especially against ad- space, can achieve ‘‘good’’ or better damage in this report have not yet been developed. vanced threats. A space based laser (SBL) denial performance against all threat levels system and associated BM/C 3, with costs of up to 200 warheads, with estimated costs of As shown in Figure EX–1 and EX–2, the ar- $20,000M to $23,000M, could potentially reach $30,700M to $35,100M. chitectures in this report span a considerable IOC by 2007 with relatively high risk. An en- The relative risks shown in Figure EX–2 range in performance and cost. Ground based hanced laser system, available at IOC two are subjective estimates for the funding and systems represent lowest-cost defense solu- years later and with costs of $26,000M to schedules we show and the architecture’s tions for denying damage against up to 20 $29,000M, would provide robustness against maturity. The adoption of more deliberate warheads. Space sensors would improve the certain threats. The space based interceptor programs, coupled with the infusion of addi- cost effectiveness when threats approach the (SBI) system, including SMTS and BM/C 3, tional funding could clearly reduce risk in performance limits of ground-based systems. and costing $20,000M to $23,000M, could reach all areas. The time scale at which risk could For high damage denial effectiveness and IOC in 2004 at moderate to high relative risk. be reduced, and the cost incurred to achieve cost effectiveness against larger attacks, Combinations of the two types of space the risk reduction, depend on the maturity above about 70 RVs, space based weapons be- based systems provide ‘‘good’’ or better dam- of the programs and their technical chal- come essential. Finally, layered defense sys- age denial performance at all threat levels lenges. It is likely, for example, that less tems become cost effective for denying dam- up to 200 warheads, at a cost of $37,100M to time and funding could be required to reduce age against 200 warheads. FIGURE EX–2. [Summary of the architecture options considered in this report including an estimate of dates for operational capabilities. The threat levels given represent an estimate of the maximum representative threat level for which each option could deny damage, with a probability of 50 percent or more (less than one leaker on the average)]

Operational ROM cost FY95 Threat level Architecture classes Deployment date (in dollars) warheads Relative risk

All ground based ...... 20 GBI, 1 Site * ...... 2001 4,800M 4 Low-Mod. 100 GBI, 1 Site ...... 2003 6,500M 20 Low. 300 GBI, 3 Sites ...... 2004 12,200M 50 Low. Ground based with space sensors ...... 100 GBI, 1 Site, 18 SMTS ...... 2005 11,000M 20 Moderate. 300 GBI, 3 Sites, 24 SMTS ...... 2006 17,200M 60 Moderate. 630 GBI, 3 Sites, 24 SMTS ...... 2006 20,100M 70 Moderate. All space based ...... 20 SBL (8 meter) ...... 2008 20,000M–23,000M 60–100 High. 20 SBL (enhanced) ...... 2010 26,000M–29,000M ∼200 High. 500 SBI, 18 SMTS ...... 2005 20,000M–23,000M 60–100 Mod-High. 1000 SBI, 18 SMTS ...... 2007 20,000M–23,000M ∼200 Mod-High. 20 SBL, 500 SBI ...... 2008 37,100M–43,100M >200 High. Space and ground based ...... 20 SBL, 100 GBI, 3 Sites ...... 2008 32,100M–35,100M >200 High. 500 SBI, 18 SMTS ...... 2005 30,700M–33,700M >200 Mod-High. 300 GBI, 3 Sites ...... * An emergency-response variant of this architectural option could be made available by early 2000, at moderate relative risk, and for an estimated cost of $3,500M (FY95). See discussion in Section 3.

Mr. KYL. Second, Mr. President, let might violate the START agreements Mr. SMITH. Mr. President, I thank me make three quick comments re- if we go forward and, therefore, we the Senator from Arizona for yielding, garding the statements of the Senator should not go forward. I find this a and rise today, Mr. President, in very from Nebraska. Then I am going to call truly remarkable statement. We are strong support of the Defend America on Senator SMITH, a member of the being held hostage to Russian black- Act. Senate Armed Services Committee. mail that they might violate a treaty I am proud to be an original cospon- There is an old saying that ‘‘if you they have with us and, therefore, we do sor of this legislation. I commend the can’t defeat something on the facts, not provide for our national defense? majority leader, Senate DOLE, for then call it names.’’ Of course, we are That is startling. What do treaties bringing this bill to the attention of not debating something today called mean? the Senate and to the American people. the Dole star wars bill. There is no Treaties are important. But so is pro- Mr. President, our Nation is walking such thing. We are debating something viding for our national security by the a very dangerous tightrope. For rea- called the Defend America Act, which acquisition of weapons both offensive sons that are unknown and certainly is a bill designed to provide a ballistic and defensive. It seems to me, Mr. inconceivable to most Americans, missile defense for the United States. President, that we cannot be subjected President Clinton refuses to defend our To denigrate this as some kind of star to blackmail. The Russians have not country against ballistic missiles. That wars concept is to totally misrepresent even made this threat. It is Members of is exactly what he is doing by opposing it, and that is not the way to try to de- the United States Senate who assume this bill, even though the technology bate an issue on the merits. that the Russians might violate trea- to do so is available today. The truth Second, the Senator from Nebraska is, our Nation is absolutely, completely ties that they have signed if we go for- asked the question, why would the vulnerable to ballistic missiles. ward with the development of a na- North Koreans want to develop a costly We have no defense—I repeat, no de- tional ballistic missile defense system. missile? Their troops are eating grass. fense—whatever against a missile tar- Mr. President, it is hard to figure out So it seems to me that this really geted on our territory, our people, our why the North Koreans do what they demonstrates the paucity of arguments industry, or any of our national treas- do. But the fact is, our intelligence that exist against this bill when we ures—no defense. The Patriot missiles agencies report to us that they are in- have to stoop to making the argument that everyone remembers from Desert deed developing a missile. That is not the Russians might violate a treaty Storm 5 years ago are not capable of contested by anyone. The only ques- they have entered into with us and, stopping long-range missiles. In fact, tion is when that missile will be able to therefore, we better not go forward. If they can only defend small areas reach the United States. That is a fact. that is all the treaties mean to the against short-range missiles. The Pa- Third, there are questions about the Russians, then I suggest we need both triot is what we call a point-defense cost and a lot of misrepresentations treaties and a ballistic missile defense system that we send along with our about the cost. As I discussed for about system. troops when we deploy them in harm’s an hour last night, according to the With that, Mr. President, I yield 10 way. CBO, the cost of the kind of system minutes to the Senator from New Here at home, we have no defenses of that we are talking about here is be- Hampshire, Senator SMITH, who is on any kind. We have no defense against tween $10 and $14 billion. So let us not the Senate Armed Services Committee. long-range missiles from China, from be misrepresenting the cost. The PRESIDING OFFICER (Mr. Russia, from North Korea. I differ from Finally, I think most startlingly, Mr. CAMPBELL). The Senator from New the Senator from Nebraska. I have no President, the Senator from Nebraska Hampshire [Mr. SMITH] is recognized idea, no idea whatever what the na- made the argument that the Russians for 10 minutes. tional security meetings, classified and S5720 CONGRESSIONAL RECORD — SENATE June 4, 1996 confidential on North Korea, I have no that might be an opinion, but ‘‘unwar- Nation is in jeopardy, ballistic missiles idea what is going on in those meet- ranted’’? This is a very insightful and weapons of mass destruction are ings. Apparently, the Senator from Ne- quote. It gets right to the heart of the spreading throughout the world. That braska does. I do not know if he has differences between this President and is a fact. I have had hearings. I have somebody sitting in on them or where this Congress. To President Clinton, heard information on it. We have heard he gets his information, but I do not providing for the common defense is the testimony. We cannot stop this. We have such information, and I do not ‘‘unwarranted and unnecessary.’’ That have to protect ourselves against them. think the intelligence communities is what he says. To the Congress, it is Mr. President, 30 nations currently have it either. We have no defense the most fundamental of our constitu- possess or are actively acquiring weap- against missiles that Iran, Iraq, Syria, tional responsibilities, the most fun- ons of mass destruction, and the mis- and Libya are vigorously seeking to ac- damental. Simply put, it is a defining siles to deliver them. They are not all quire—vigorously. That is the truth. issue between the two of us. It is an friendly nations. Just recently, the This is not some star wars program. issue that defines our Nation’s char- United States admitted that Iran is That is an outrageous statement, as acter, right to the heart of character, a covertly storing up to 16 ballistic mis- the Senator from Arizona pointed out. commitment to the American people. siles armed with chemical or biological In this Senator’s view, it is unaccept- How could you not defend yourselves, warheads. Iraq is the most inspected able that we would refuse to defend your people, against the threat of an and thoroughly monitored country in ourselves from this kind of technology incoming missile? It does not have to the world, yet they still have them. If being spread around the world to these be deliberate. It could be accidental. we cannot find these missiles in the kinds of nations. When told of this sit- We have no defense. desert of Iraq, how are we going to uation, the vast majority of the Amer- It is an issue that defines the dif- track them in the valleys of China, ican people not only become upset, ference between the two political par- North Korea, Iran, or Syria? The an- they become enraged. They cannot un- ties in this country. There cannot be swer is, my colleagues, we cannot. We derstand why their elected representa- compromise on it. There are people cannot track them. That is the point. tives would be willing to leave them here on the floor and in this Senate Even if we could, we do not have the defenseless and then stand on the floor who are trying to work out some com- system to counter them. We cannot of the U.S. Senate and advocate leav- promise to give on something else, and counter them even if we can find them. ing them defenseless against the likes we will give a little bit of something The only solution is to develop mis- of people like Saddam Hussein or else. There is no compromise, no com- sile defenses. This bill does that. It Mu’ammar Qadhafi. Hardly reasonable, promise on defending ourselves against would require that our Nation deploy a rational, leaders in the world today, let incoming ballistic missiles. It is an national missile defense system capa- alone Kim Jong-il whom very few of us issue that defines the very basic dif- ble of protecting all Americans by the know much about at all. They cannot ference between the two men who are year 2003. This is not about politics. It understand why the tax dollars that seeking the Presidency, President Clin- is not about partisanship. It is about they sometimes so reluctantly, or will- ton, and BOB DOLE, who is the author national security and keeping faith ingly in reluctance give up, how can of this bill. It is a basic difference be- with those who elected us and depend they not contribute for our national tween the two men. It is an issue that upon us to safeguard their lives and defense? That is what they are asking. history will undoubtedly look back on property, yet this bill is being filibus- That is what they are asking. They and pass judgment upon for better or tered, that is the bottom line, by the have a right to be upset. There is no for worse, an issue that will define our other side of the aisle—filibustering a excuse for not defending America generation. bill to defend America. What an out- against ballistic missiles. Mr. President, if we fail to take ac- rage. If we ignore this obligation, we The Republican Congress agrees with tion to defend America now while we will have failed in our most fundamen- the American people and took action still have the chance, we will regret it. tal constitutional responsibility. You last year to defend all Americans—all At some point in the very near future do not filibuster the defense of the Americans; not certain Americans, all we will have waited too long. What is United States of America. We can fili- Americans—against ballistic missiles, that point? Are you sure, folks over buster a lot of things around here, and whatever their source. In the defense there, sure that we have not reached we do it all the time, but not the de- bill last year, Congress established a that point? At some point in the near fense of America. It runs against every program to develop and deploy a na- future we will have waited too long. principle I have ever stood for, and it tional missile defense system for the The theoretical threat of a hostile bal- ought to run against every principle United States. This program is not listic missile launch will have become that others in here stand for. some elaborate star wars concept, but a reality and we will have no defense. Mr. President, as we discuss and de- rather a very modest yet capable Will we be ready when the theoretical bate the merits of this legislation, I ground-based system that would pro- becomes reality? Will be we ready? Not want to specifically address what I be- vide a limited defense of America if we listen to this side of the debate. lieve are some fundamental and ex- against accidental, unauthorized or Not if we do what they are asking us to tremely dangerous flaws in the admin- hostile missile attacks. do, we will not be ready. istration’s position. First off, the ad- I ask anybody out there listening, or What will it take for the President to ministration has continually empha- anybody participating in the debate on recognize this? Must a missile equipped sized that they see no long-range mis- the other side, are you certain, are you with a chemical, biological or perhaps sile threat emerging within the next 15 absolutely certain, that Qadhafi or a nuclear warhead, rain down upon the years that could threaten the United Saddam Hussein, Iran or Kim Jong-il citizens of America before we act? States. do not have the capability or will not Must tens of thousands of Americans I would note that when the adminis- have it in the very near future? If you die before we act? That does not have tration is pressed to describe how they are certain, you ought to vote for to happen. Let me tell you, had we not came up with the 15-year number, ver- them. If you are not sure, you ought to been far-sighted enough and thoughtful sus 10 years, or 20 years, there is no be voting with us. enough to provide the Patriot missile, real methodology. Essentially, it ap- President Clinton vetoed the defense we would have lost a lot more people in pears to have been a nice round number bill specifically because of the require- the Persian Gulf war. It is a good thing that the administration came up with. ment to defend America. That is the Saddam Hussein only has a Scud mis- The classified national intelligence main reason he vetoed the defense bill, sile, or perhaps some of the families estimate that the administration uses because he did not want us, did not would be speaking here through us to support this assertion is anything want us, to put this requirement in. In today. but reassuring. And contrary to the as- fact, in his statement of policy the To those of us who are cosponsoring sertions of the Clinton administration, President called national missile de- this legislation, the time to act is now. it does not rule out a rogue nation ac- fense ‘‘unwarranted and unnecessary.’’ Not tomorrow, not the next day, now. quiring ballistic missile capabilities It is one thing to say ‘‘unnecessary,’’ We have the capability to do it. Our that could threaten the United States. June 4, 1996 CONGRESSIONAL RECORD — SENATE S5721 Rather, it projects the view that it is eral ballistic missiles from the deck of Russian ratification of the START II unlikely that such a situation would a ship, and sent them to high altitudes Treaty. Simply put, it is bogus linkage. arise. where their nuclear payloads were det- The truth is that no provision in the Essentially, it relies upon the per- onated. Most of the population of the Defend America Act threatens Russia ceived intentions of other countries United States live near the east and or undermines the deterrent value of rather than their actual technical ca- west coasts, and thus are highly vul- its strategic offensive forces. Nothing pabilities. That is a very dangerous nerable to a ship-launched missile that in this bill would disadvantage Russian way of assessing the threat environ- could be covertly deployed in merchant security in any way. The numbers of ment, and it runs in direct conflict traffic several hundred miles off the defensive systems the bill envisions to with our historical experience. coast at sea. The modifications to such combat accidental or rogue nation at- Our experience following World War a ship would not need to be obvious, a tacks are simply too few to affect the II is very instructive. During 1945 and few test missile launches could be per- deterrent value of Russia’s strategic 1946, the United States conducted oper- formed in remote locations to avoid de- arsenal. ation paperclip in order to employ Dr. tection. The ABM Treaty was constructed Werner von Braun and his team of Ger- The problem with the administration during the cold war and is premised on man scientists. My colleagues may re- program is that it seeks to wait until mutual assured destruction. But the call it was von Braun and his associ- the last possible moment to deploy world is no longer bipolar, it is ates who had created the German V–2 missile defense. But historically, we multipolar. Mutual assured destruction rocket. The transfer of these experts have proven very poor at making such is not relevant in today’s environment. and their equipment provided the Unit- intelligence estimates. Just look at It will not deter aggression by adver- ed States with nearly instant ballistic Iraq’s nuclear, chemical, and biological saries other than Russia. missile capability. Under the Hermes weapons program. The real challenge The truth is defenses threaten no project, with the infusion of german for the United States is to deploy thea- one. If Russia and the United States technical expertise, we soon began ter and national missile defenses as are no longer targeting nuclear weap- launching V–2 rockets. rapidly as possible in order to discour- ons on each other, how could the de- A year later, the development of a age potential proliferators from devel- ployment of a limited defense against two-stage vehicle based on the V–2 was oping, building, buying, or otherwise other potential adversaries threaten begun. The so-called bumper vehicle acquiring offensive ballistic missiles. Russia in any way? We are providing billions in foreign went on to establish range, altitude, That is what deterrence is all about. aid to Russia to support them economi- and speed records. By the late 1950’s, But you can’t have deterrence without cally, politically, and to aid in dis- frustrated by difficulties in the Atlas the capability to actually defeat or de- mantlement of their nuclear arsenal. program, Gen. Bernard Schriever, a fend against a threat. Without missile When relations are this cooperative, pioneer of the U.S. Ballistic Missile defenses there is no deterrence. how can anyone reasonably assert that Program, ordered that our existing Perhaps most absurd is the adminis- we are provoking Russia or undermin- Thor ballistic missile be modified to tration’s argument that the technology ing the relationship by defending our- include a new second stage. This sec- of the future will be more advanced selves against the likes of Kim Jong-Il ond stage provided strategic range ca- than that of today, so we should wait or Saddam Hussein. pability for our ballistic missiles with- for the future technology to be avail- The truth is that any linkage be- in a year, increasing the range of the able before we begin formal acquisition tween the Defend America Act and the Thor missile from 1,500 miles to ap- of missile defenses. If we followed that START II Treaty is purely artificial. It proximately 5,000 miles. model we would never procure any is pure fear mongering by those who Mr. President, the lesson here is weapons systems because they would use it for political purposes here at quite simple. The acquisition of key always be surpassed by future tech- home. Frankly, it is shameful. technical experts can dramatically ac- nology. Those in Russia who are trying to celerate the pace of development for a What this argument fails to recog- link the two know full well that noth- country seeking to field ballistic mis- nize is that real objectives and dead- ing in this bill threatens Russia in any siles. In addition, the range of existing lines are the critical instruments for way. They are merely trying to coerce systems can be rapidly increased by in- focusing the efforts of the management further concessions. The truth is, we corporating additional stages. In the and technical communities in govern- have consistently heard Russian offi- 1940’s, designing and building ballistic ment and industry. The experience of cials seek to link START II to NATO missiles was a new and challenging en- operating a real system with real mili- expansion, compliance with the CFE deavor. But with focus, determination, tary personnel cannot be replaced by Treaty, national missile defense, and and national level support, it was done paper and pencil, or computer system virtually every other possible pressure very rapidly. designs. In addition, the longer we wait point. Again, it is purely bogus link- By contrast, in the 1980’s and 1990’s, to commit to deploy a national missile age. And where I come from, it is called the schools and universities of the defense, the more we will encourage extortion. It should not be rewarded. West teach advanced technology to our adversaries to pursue their own of- If we do legitimize this fallacy, and students from all over the world. Mis- fensive ballistic missile programs. pay the ransom that some are demand- sile designs are well understood, mis- Without an actual system deployed, or ing, where will it end? What will the sile components are available on the at the very least a commitment to, and next hostage be? How many times will world market, and whole missile sys- timetable for, deploying a system, we allow Russia to exercise a veto over tems can be bought and delivered, as in there is no deterrent value. our defense policy? And at what cost to the case of the Soviet Scuds to China, The Russians have now accumulated our security? the North Korean Scuds to Iraq, Chi- 30 years of experience in building and Mr. President, let me close with one nese M–11 missiles to Pakistan, and operating ballistic missile defense sys- final observation. National defense Chinese CSS–2 missiles to Saudi Ara- tems, including the nuclear-tipped should not be a partisan issue. As bia. Since most of today’s ballistic Moscow area defense and several mo- elected representatives, we have no missiles are mobile, training and bile systems such as the SA–5, the SA– more fundamental or important con- launching by customer nation crews 10, and the SA–12. This unique experi- stitutional responsibility than to pro- can take place in the missile’s country ence has been cited by our military as vide for the defense of this country. As of origin, so that the first actual a major advantage for the Russians. It it currently stands, this Nation, its launch of a missile from the customer must be rectified. people, treasures, and industry, are ab- country may occur without advance Mr. President, I also want to address solutely vulnerable to ballistic missile warning. the issue of how ballistic missile de- attack. The technology is here today, Additionally, ballistic missiles do fense relates to strategic arms reduc- all that is lacking is the political will not need to have a long range to tion. The administration and certain to do so. We cannot delay any longer. threaten the United States. In the Members of Congress have falsely We must get on with the business of de- 1950’s, the United States launched sev- sought to link this legislation with fending America. S5722 CONGRESSIONAL RECORD — SENATE June 4, 1996 If we allow politics to prevail and we sequences of our actions carefully and factors—the type and capability of a defen- leave our citizens naked against ag- keep faith with the American people, sive system that would satisfy the terms of gression, I fear that the results will be who rely upon us to protect their secu- the bill, and the costs of each component of that system. These figures do not include the catastrophic. If we wait for a ballistic rity. They do not have anybody else to cost to operate and support the defense after missile to rain down upon our Nation, turn to. It is our responsibility, our ob- it is deployed. The attachment provides addi- wreaking chaos and destruction, it will ligation. All we are asking is that we tional details on these estimates. be too late. We will have failed our exercise it. All the Senator from Ari- Section 4 of the Unfunded Mandates Re- citizens. We will have failed the Con- zona is asking for is a vote. All the Re- form Act of 1996 excludes from the applica- stitution. We will have failed this sa- publican leader is asking for is a vote. tion of that bill legislative provisions that cred institution. We are not asking for anything else. are necessary for the national security or the ratification or implementation of inter- I believe deep in my heart that his- We are not even asking for a victory, national treaty obligations. CBO has deter- tory will look back upon this debate as we are asking for a vote so that we can mined that the provisions of H.R. 3144 fit a key point in our Nation’s history. Let be recorded. within that exclusion. us consider the consequences of our ac- Mr. NUNN. Mr. President, I yield 2 H.R. 3144 would not affect direct spending tions very carefully. Let us keep faith minutes to Senator EXON, and then 10 or receipts and thus would not be subject to with the American people who rely minutes to Senator DORGAN. pay-as-you-go procedure under section 252 of upon us to protect their security. They The PRESIDING OFFICER. The Sen- the Balanced Budget and Emergency Deficit Control Act of 1985. have no one else to turn to. It is our re- ator from Nebraska has 2 minutes. Fol- If you wish further details on this esti- sponsibility. It is our obligation. lowing that, Senator DORGAN has 10 mate, we will be pleased to provide them. I urge my colleagues to support the minutes. The CBO staff contacts are Raymond Hall Defend America Act as reported by the Mr. EXON. Mr. President, I was and David Mosher. Senate Armed Services Committee. struck to hear the term that people on Sincerely, Mr. NUNN. Mr. President, how much the other side were startled that we JUNE E. O’NEILL, time is remaining? would oppose this, that we are being Director. The PRESIDING OFFICER. The Sen- blackmailed by Russia, and that we are BUDGETARY IMPLICATIONS OF H.R. 3144, THE ator from New Hampshire has an addi- being held hostage by Russia. Nothing DEFEND AMERICA ACT OF 1996 tional 2 minutes. could be further from the truth. This document addresses the budgetary Mr. NUNN. How much time do I I simply say, Mr. President, that al- implications of H.R. 3144, as ordered reported ready the opposition is saying we are by the House Committee on National Secu- have? rity on May 1, 1996. The Defend America Act The PRESIDING OFFICER. One against missile defenses on this side. of 1996 would require the United States to de- hour. We are not against missile defenses. ploy a national missile defense by the end of Mr. NUNN. Mr. President, I have sev- The talk was made about the Patriot, 2003 that provides ‘‘a highly effective defense eral people who would like to speak. how important that was in the gulf of all 50 states against limited, unauthorized Several people were down for 15 min- war. This Senator and most of the Sen- and accidental attacks . . . [that would be] utes, but I ask them if they can adjust ators on this side were leaders, when augmented over time to provide a layered we were in charge of the Senate, in de- defense against larger and more sophisti- that. Otherwise, we will not be able to cated ballistic missile threats as they get around on the requests. Senator veloping the Patriot missile. What we emerge.’’ Those two requirements form the EXON would like 2 minutes, which I will are against is hastily moving, as the basis of CBO’s estimate. According to the yield to him now. Dole star wars bill would do, to a mis- bill, the initial defense must include inter- The PRESIDING OFFICER. The Sen- sile defense that is untested, untried, ceptors, ground-based radar, space-based sen- ator from New Hampshire has 2 more with no assurance whatsoever that it sor, including the Space and Missile Track- minutes first. will work. ing System (SMTS), and a battle manage- Mr. NUNN. Following that, Mr. Go with us. We are with the experts ment and command and control system to at the Pentagon. We are with the tie the components together. The intercep- President. tors can be ground-, sea-, or space-based. The The PRESIDING OFFICER. The Sen- President. We want a missile defense, space-based weapons could be lasers or ki- ator from New Hampshire is recog- but we want it in a timely fashion and netic energy interceptors (also known as nized. not rush to violate treaties that the Brilliant Pebbles). The layered defense that Mr. SMITH. Mr. President, let me United States of America signed in would eventually follow, according to the close with one final observation. I feel good faith. bill’s second requirement, would likely be very strongly that this issue has be- I ask unanimous consent that two achieved by adding space-based weapons to letters from CBO relating to the cost the ground-based system. come a partisan political issue. It CBO estimates that H.R. 3144 would cost should not be a partisan political issue. issue be printed in the RECORD. nearly $10 billion over the next five years, or We have no more fundamental or im- There being no objection, the letters about $7 billion more than is currently pro- portant constitutional responsibility were ordered to be printed in the grammed for national missile defense. than to provide for the defense of this RECORD as follows: Through 2010, the system would cost between country. And to be on the floor filibus- U.S. CONGRESS, $31 billion and $60 billion. None of the esti- tering a bill that defends America, pro- CONGRESSIONAL BUDGET OFFICE, mates include the cost to operate and sup- tects America from incoming missiles Washington, DC, May 15, 1996. port the defense after it is deployed. Our es- timates are derived from data provided by is an outrage. We can disagree on the Hon. FLOYD SPENCE, Chairman, Committee on National Security, the military services and the Ballistic Mis- degree, we can disagree on the archi- House of Representatives, Washington, DC. sile Defense Organization (BMDO). While we tecture, we can disagree on the timing. DEAR MR. CHAIRMAN: The Congressional have been unable to review many of the de- But we ought not to be filibustering it. Budget Office has reviewed H.R. 3144, the De- tails behind those estimates, we believe that We ought to be having an up-or-down fend America Act of 1996, as ordered reported they are the best that are currently avail- vote on it. I think everybody ought to by the House Committee on National Secu- able. In some cases, though, we adjusted the be on record today—not having it put rity on May 1, 1996. The bill calls for deploy- Department of Defense’s (DoD) estimates to off, but be on record today. Are you for ment by 2003 of a system to defend the na- better reflect procurement costs and poten- tion against an attack by ballistic missiles, tial risks. For example, we added about $3 it, or are you against it? We ought to but does not specify how much funding billion to hedge against technical and sched- be recorded so the American people can would be available for this purpose. Based on ule risks in the development programs. We judge us when the time comes. plans and estimates of the Department of also reduced the estimated cost of deploying This Nation’s people, treasury, and Defense, the costs of complying with the bill 500 space-based interceptors by $4 billion. We industry are vulnerable to missile at- would total $10 billion over the next five did not, however, adjust the estimates to re- tack. The technology is here. All that years, or about $7 billion more than is cur- flect cost increases that typically occur in is lacking is the political will. We can- rently programmed for national missile de- developing systems that advance the state of not delay any longer. We have to get fense. the art. Through 2010, total acquisition costs would Minimum Requirements and Costs. The on with the business of defending range from $31 billion to $60 billion for a lay- low end of the range of estimates reflects America. History, I think, will look at ered defense that would include both ground- what we believe would be the smallest sys- this debate as a key point in our Na- and space-based weapons. The wide range in tem that would meet both of the bill’s prin- tion’s history. Let us consider the con- the estimate reflects uncertainty about two cipal requirements. As proposed by the June 4, 1996 CONGRESSIONAL RECORD — SENATE S5723

Army, the initial defense would consist of 100 U.S. CONGRESS, based sensors argue that they could, in ef- interceptors based at Grand Forks, South CONGRESSIONAL BUDGET OFFICE, fect, substitute for an ABM radar. The Rus- Dakota. Combined with SMTS, this system Washington, DC, May 30, 1996. sians have reportedly expressed similar con- would be able to defend all 50 states against Hon. J. JAMES EXON, cerns about SMTS. The argument is similar an unsophisticated attack of up to 20 war- Ranking Member, Committee on the Budget, to that made against forward-based tracking heads under many scenarios, according to U.S. Senate, Washington, DC. radars: if an entire intercept can occur out of BMDO. The interceptors would be armed DEAR SENATOR: In your letter of April 4, view of the ABM radar at Grand Forks, with the Army’s Exoatmospheric Kill Vehi- 1996, you asked about the cost of deploying something must be substituting for the cle (EKV). To track incoming warheads, four the national missile defense system proposed radar. Supporters of SMTS contend that the new phased-array radars would be deployed, in the Defend America Act of 1996 (S. 1635). I system would be an ‘‘adjunct’’ to the ABM one each in Grand Forks, Alaska, Hawaii, have attached the cost estimate that the system, much like the space- and ground- and New England. Congressional Budget Office (CBO) prepared based early warning sensors that the United This initial defense would cost $14 billion— for S. 1635, which should answer your ques- States deployed before the ABM treaty was about $8.5 billion for the ground-based sys- tions. signed in 1972. (An adjunct is a device that tem and $5 billion for the SMTS space-based At your request, CBO also examined the could not, by itself, substitute for or perform sensors. (The ground-based system could cost compliance issues that the Defend America the functions of an ABM radar). Those early roughly $4 billion less if the Air Force’s pro- Act could raise with respect to the Anti-Bal- warning sensors were not limited by the posal for a Minuteman-based system was listic Missile (ABM) Treaty. Because the bill treaty and advocates believe that SMTS adopted.) The upper layer, which would be does not specify a missile defense system in should not be limited either. According to added sometime after 2006, would employ 500 detail, it is difficult to identify precisely the press accounts, the U.S. government re- space-based interceptors similar to Brilliant possible conflicts with the treaty. But some ported to the Congress in 1995 that SMTS Pebbles—the less expensive of the two types fundamental issues would arise regardless of might, in some configurations, comply with of space-based weapons. It would make the the specific architecture of the defense. The the treaty. This document reflects a U.S. po- defense capable of protecting the United bill anticipates those conflicts by requiring sition and does not imply that Russia agrees States from a more sophisticated attack of that the Secretary of Defense report to the with that interpretation. Differences would up to 60 warheads according to BMDO, and Congress on the problems with the treaty have to be worked out in negotiations. Finally, your staff asked that we examine would cost an additional $14 billion. CBO that he expects to encounter in the course of operating and support costs. We have not adds another $3 billion to these estimates to developing and deploying the defense. The had time to analyze those costs fully, but we hedge against potential risk associated with bill also urges the President to negotiate can report that those costs would reach a few the development programs. Thus, the total amendments to the treaty with Russia that hundred million dollars annually by 2005 cost of the layered defense would be about would permit the United States to deploy its when ground-based systems and space-based $31 billion. defense. If an agreement cannot be reached within one year of the enactment of the bill, sensors would be in place. After 2010, operat- Potential Increases in Requirements and however, it directs the President to consider ing and support costs would increase signifi- Costs. The bill specifies that the defense withdrawing from the treaty. cantly because the Department of Defense shall protect the United States against lim- In brief, our reading of the bill suggests would have to launch replacements for any ited or unauthorized attacks, but does not that some systems would violate the treaty space-based systems, which wear out over specify how big the attack might be. The in its current form, while others may or may time. Of course, at some point new tech- high end of the range reflects the costs of a not. Space-based weapons would clearly vio- nology or a reassessment of the defense situ- system to protect the United States against late the treaty’s prohibition on ABM compo- ation could lead to changes in the system, a more potent threat—for example, an at- nents that are based in space. Sea-based which could have a large impact on costs. tack that could have 200 warheads accom- weapons are similarly prohibited. Together, If you wish further details on our analysis, panied by sophisticated countermeasures. those prohibitions would make it difficult to we will be pleased to provide them. The CBO DoD bases its operational requirement for a deploy a layered national missile defense staff contacts are David Mosher, who can be national missile defense on such a threat. that would comply with the ABM treaty in reached at 226–2900, and Raymond Hall, who CBO assumes that the ground-based layer its current form. can be reached at 226–2840. would include 300 interceptors deployed at 3 Other issues are not as clear and are often Sincerely, sites and would cost $13 billion, or about $4.5 debated. For example, in Article I of the JUNE E. O’NEILL, billion more than the costs of meeting the treaty, each side pledges ‘‘not to deploy ABM Director. minimum requirements. SMTS satellites systems for defense of the territory of its The PRESIDING OFFICER. The Sen- would be deployed at a cost of $5 billion. The country.’’ Critics argue that deploying any ator from North Dakota [Mr. DORGAN] space-based layer would include a combina- national missile defense, no matter how ca- is recognized. tion of 500 space-based interceptors ($14 bil- pable, would violate that provision. But, the lion) and 20 space-based lasers ($25 billion) Mr. DORGAN. Mr. President, surely Army and Air Force claim that the small, the American people, who watch and for maximum effectiveness. Again, $3 billion ground-based national missile defenses that is added in anticipation of technological and they have proposed would comply with the listen, must think we have the atten- integration problems. The total cost of this treaty. tion of houseflies. We are having a de- high-end layered defense would be about $60 Issues of compliance could arise even for a bate here in the U.S. Senate about bal- billion. Except for the lasers, this system ground-based defense that complies with the ancing the Federal budget, about would be similar to the Global Protection numerical and geographic limits specified in amending the Constitution to require a Against Limited Strikes (GPALS) system the ABM treaty (no more than 100 ground- balanced budget, about cutting spend- proposed by past administrations. based interceptors and one ABM radar, all ing, about being frugal, about dealing Cost Comparison. The estimate for the located at Grand Forks, North Dakota). The with this country’s debt. And then im- ground-based systems described above is principal issue is whether the new tracking about two-thirds less than previous esti- radars that would be deployed in the Pacific mediately trotting on the floor of the mates associated with earlier proposals, for and on U.S. coasts would substitute for the Senate is a new proposal—by the same example the GPALS system. The earlier pro- ABM radar at Grand Forks. Under many sce- folks who say they lead in reducing the posals focused on the challenging threat of narios, particularly attacks on Alaska and budget deficit, lead in reducing spend- an unauthorized attack by the Soviet Union. Hawaii, the Grand Forks radar would never ing—they say to us now, ‘‘We want to Today the focus is on smaller and less capa- see warheads or intercepts because its view spend an additional up to $60 billion ble threats—as a result, the defense’s compo- would be blocked by the Earth’s curvature. for, yes, a star wars program.’’ nents may be somewhat less capable. Past For the same reason, the radar could not be I want to correct some of the state- proposals also called for a robust program used to send course corrections directly to ments that have just been made. There that included substantial efforts to test the an interceptor. Instead, such a defense would is no filibuster. The petition to invoke systems and to reduce and manage the tech- use ground-based repeater stations to com- nical and schedule risks associated with such municate with an interceptor. According to cloture, to close off debate, was filed an ambitious development effort. It is un- opponents, that would mean that forward- simultaneously with the bill coming to clear how much these efforts can be reduced based tracking radars would substitute for the floor. How can someone, without without increasing risk to unacceptable lev- the ABM radar, a practice that the treaty even smiling about it, file a cloture els. But if current plans must be revised to strictly prohibits. Supporters of the proposed motion before debate even begins? include more thorough testing and larger ef- defenses counter that forward-based radars There is no filibuster. forts to reduce risks, and if the purpose of would not be substitutes because the fire- We are going to have a debate on the defense evolves into protecting against control solutions and instructions to an in- this. That is what we insist on. Those larger and more sophisticated threats, costs terceptor for correcting course would still who want to initiate a $60 billion pro- of the ground-based systems could approach come from Grand Forks. those developed for systems like GPALS— The degree to which the Space and Missile gram without debate do no service to thus, costs of the high-end system could Tracking System (SMTS) conflicts with the defense policy in this country, in my greatly exceed $60 billion by 2010. treaty is also being debated. Critics of space- judgment. S5724 CONGRESSIONAL RECORD — SENATE June 4, 1996 Second, this bill is star wars. Here is these issues of nuclear threat by creat- There are dozen of ways of defending the bill, page 6: ‘‘Ground-based inter- ing a program in which 212 submarine America. We ought to do research and ceptors, sea-based interceptors, space- launchers are gone in the Soviet Union, deploy, and do a whole range of them, based kinetic energy interceptors, 378 ICBM missile silos are eliminated, the most important of which, in my space-based directed energy systems.’’ and 25 heavy bombers gone. Do you judgment, is the deployment and im- Call it what you want. It is star wars; know what is indicated in this photo is plementation of the Cooperative $14 billion, my eye. We have spent $96 today? This is silo 110. It just so hap- Threat Reduction Program initiated by billion on star wars and missile de- pens—and it is a pure coincidence— Senators NUNN and LUGAR. But there fenses. This chart was put together by that the Secretary of Defense is visit- are others. the Congressional Research Service, ing silo 110 today. The U.S. Secretary President Clinton says, let us do the and we have funded so many programs of Defense is visiting this site. Do you research necessary—several billion dol- over the last 40 years that nobody can know what is here today? Sunflowers— lars. Let the system be available for read this. It is a national missile de- not missiles, but sunflowers. deployment if we see that the threat fense family tree that is so complex What we have done is destroyed a exists. And I know we have all of these you cannot read it. It is a bunch of missile in its silo by destroying the silo claims by others about Korea. Look, boxes and lines tracing the develop- and moving the missile and warhead, Korea spends from $2 to $5 billion a ment of dozens of programs. These are and the missile is cut up and it is gone. year on their entire defense program. the things that we have funded. This is That happens to be an effective missile We are a country that spends $270 bil- all the work done for missile defenses. defense. Senator NUNN and Senator lion a year. There is no credible evi- What we have to show for all this in LUGAR and others who fought so val- dence that Korea has tested anything this country today is one abandoned iantly for this program are reducing close to a weapon that is going to de- antiballistic missile facility—it is in the nuclear threat in this country. liver a nuclear warhead to parts of the my State. Over $26 billion in today’s I have a picture of the destruction of United States. Worry about a suitcase money was spent on it. It was declared a heavy bomber. Here they are sawing bomb put in the trunk of a Yugo car mothballed the same year it was de- off the wings. This picture shows Rus- parked at the dock of New York City. clared operational. sians using American equipment to cut That is a threat. Worry about a bio- Are there threats against this coun- up a Russian bomber. That heavy logical agent. That is a threat. But this try? You bet. What are they? A glass bomber—it is a TU–95 Bear bomber— bill would put all of our eggs in this vial of deadly biological agents to be could launch 16 cruise missiles against basket and say that the sky is the brought in in someone’s pocket, threat- our country. limit, even though it is the taxpayers’ ening a subway or a city is a threat. A Defending America means that you money. This bill would have us embark truck bomb parked in front of a Fed- get the enemy, through arms agree- on a $60 billion spending program, and eral building is a threat. A cruise mis- ments, to reduce these kinds of weap- when we are finished we might have sile armed with a nuclear warhead is a ons. The fact is what the other side covered—unlikely, but maybe—one threat. An intercontinental ballistic brings to the floor of this Senate—and small slice of the range of threats that missile is a threat. You can list a they can protest forever about it, and confront this country. I think if you whole series of threats against this they are wrong—is a proposal that will talk about shortsightedness, this bill country. threaten the arms agreements by ranks up there with an Olympic per- Have we ever had an effective system which missiles and bombers and other formance. to knock down any missile coming in? strategic weapons are being reduced Our military leaders in the Depart- No, we have not. Why? Any missile now in other parts of the world. The ment of Defense have told us that this launched against this country will fact is they want to abrogate the arms bill would endanger our security. Gen- have a return address. We will know control treaties. In my judgment, that eral Shalikashvili wrote to Senator exactly where it was launched from, is shortsighted. NUNN to say that ‘‘efforts which sug- and this country will vaporize them. The Ukrainian President on June gest changes, or withdrawal, from the That is what our nuclear deterrent has 1st—a couple of days ago—certified ABM Treaty may jeopardize Russian prevented from happening to our coun- that his country, which used to have ratification of START II and could try for many years. That has been our 4,000 strategic and tactical nuclear prompt Russia to withdraw from missile defense for 40 years. warheads, now has zero—zero. The Co- START I.’’ Now, do we need to research missile operative Threat Reduction Program In other words, this bill could pull defenses? Yes, we are doing that. We in the Defense Department, with the the rug out from under the very thing are spending a great deal of money leadership of Senators NUNN, LUGAR, that is reducing the nuclear threat, the doing that. We spent $96 billion on all and others, has done a remarkable job. very thing that results in weapons of this to date. But I want to talk Is this the only thing we ought to do? being destroyed. A missile silo that about a number of different approaches No. It is remarkably successful. We used to hold a missile with six war- to defending our country. should do many additional things, but heads aimed at American cities and The best way to defend America is to the last thing we ought to do is jump American military targets now has destroy an adversary’s missile before it on this horse and ride off into the sun- sunflowers planted on top of it. The is launched. I have a piece of metal set to build a $60 billion program that missile and its warheads are gone. here in my hand that comes from silo threatens to undermine all of these This proposal pulls the rug out from number 110, in Pervomaysk, Ukraine. arms agreements that have led to all of under that kind of an approach. I just This silo had an SS–19 in it. That SS– this progress. This makes no sense at do not understand that proposal at this 19 had 6 warheads, each of them 550 all. time being brought to the Senate. kilotons: each warhead 20 times the ex- I thought you all were conservatives. No matter what claims are made on plosive power of the bomb dropped on You keep coming to the floor talking the other side, this is not a debate be- Hiroshima. This twisted lump of metal about the deficit, and the first thing tween those who think Americans was part of that silo with that missile. you do when we finish that discussion should be defended and those who be- The silo does not exist anymore, be- is come to the floor with a big, spank- lieve Americans should not be de- cause we helped to blow it up. ing new, gold-plated weapons program fended. That is preposterous. That is Let me show you a picture of it. This that is going to cost $60 billion, a pro- an absurd contention. All of us believe is that silo blown up, with the missile gram we have already spent $96 billion we ought to spend money wisely to de- gone. There is no missile there. The on according to the Brookings Institu- fend this country’s liberty. All of us be- missile was destroyed. Here is a man tion. I am telling you, it does not add lieve we ought to make the invest- sitting on the floor—Senator NUNN— up. ments necessary to guarantee the safe- who, along with Senator LUGAR, with Do those who oppose the so-called ty of the American people. the Nunn-Lugar initiative, will, in my Defend America Act, which is really a Let me thank the Senator from Geor- judgment, forever change the dimen- star wars program, believe Americans gia for the time. We will have more to sions of this nuclear deterrent and should not be defended? Of course not. discuss about this subject later, and I June 4, 1996 CONGRESSIONAL RECORD — SENATE S5725 am anxious to engage in further debate was a very serious, but very definable, mediate threat of North Korea’s Taepo when we get to debate on the bill. cold war between the two superpowers, Dong II missiles to these States. Yet, I yield the floor. each possessing thousands of nuclear in August 1994, John Deutch, then Dep- The PRESIDING OFFICER. Who warheads that could be used in retalia- uty Secretary of Defense, testified be- yields time? tion against the other should a first fore Congress that ‘‘If the North Kore- Mr. KYL. Mr. President, I yield 10 strike be launched. As we all know, the ans field the Taepo Dong 2 missile, minutes to the Senator from Indiana, strategy of mutual destruction is no Guam, Alaska, and parts of Hawaii Senator COATS, a member of the Senate longer a viable means of deterrence. would potentially be at risk.’’ At that Armed Services Committee. There is a also a moral imperative at time, the CIA estimated that this sys- Mr. NUNN. Mr. President, following issue with the concept of mutual as- tem would be deployed before the year Senator COATS’ remarks, I will yield 10 sured destruction. Simply to say that 2000. minutes to the Senator from New Mex- our best protection against a missile It is unfortunate that the United ico, Senator BINGAMAN. attack that could injure or kill mil- States today has little control over the The PRESIDING OFFICER. The Sen- lions of Americans is our capability to proliferation of ballistic missile tech- ator from Indiana is recognized. respond in kind against the country nology. But, the time has come for us Mr. COATS. Mr. President, I appre- that launched the attack, violates to recognize this fact and act accord- ciate the opportunity to add some basic moral considerations our Nation ingly. Mutual assured destruction and words to this debate. Obviously, we all could not support today. other strategies have come and gone. believe that while we can debate what I found it interesting that the Sen- They are no longer appropriate for the the fundamental role of the Congress ator from North Dakota spoke of sun- era in which we live, nor the threats and the Government is, priorities flowers now growing over former mis- America might face in 21st century. ought to be established. This is true sile sites. Most of us would like to see The administration’s position of adher- particularly in the domestic spending sunflowers growing over every missile ing to a policy whose assumptions are areas where there is no constitutional site, not only in the former Soviet based on the perceived intentions of responsibility of the Federal Govern- Union but in other countries around countries rather than their emerging ment. However, there is a clear con- the world. Unfortunately, this has not capabilities and the realities of the stitutional responsibility for Congress been the case. More than 25 countries— world today is a serious mistake. to provide for the national defense. In including China, North Korea, Libya, Even the NIE report warns that a fu- that regard, we are addressing what I Syria, Iran, Pakistan, and India—pos- ture political crisis in Russia or China think is one of the most fundamental sess or are seeking to acquire ballistic could lead to an unauthorized ICBM and most important decisions that this missiles capable of carrying nuclear, launch against the United States. Rus- Congress is going to make in the next chemical, or biological warheads. They sia today is embroiled in political tur- several days; that is, what kind of de- are actively pursuing ballistic missile moil resulting from reform and the fense we will provide for the United technology for their fields—not sun- civil war in Chechnya, while China re- States? To date, our country has en- flowers. And, as we all know, we have mains in the throes of uncertain joyed the benefit of its strategic loca- had little success discouraging these changes in political leadership. Both tion—surrounded by oceans east and nations from acquiring missile tech- China and Russia have also been ac- west, and friendly neighbors to the nology. tively selling technology to other na- north and south. Our strategic location North Korea has been developing bal- tions. Indeed, recent reports indicate has enabled us to ensure the defense of listic missiles such as the Taepo Dong that China is attempting to buy SS–18 American soil. Today, however, the ad- II, a missile with a range of up to 6,000 missile technology from Russia and the vance of technology, the development miles that can certainly target Alaska Ukraine—technology that would sig- of long-range ballistic missiles, and the and Hawaii. North Korean President nificantly enhance China’s ability to proliferation of those missiles among Kim Jong-Il has reportedly ordered the target American soil. Technology nations who have not had a history of development and deployment of strate- transfers such as these give countries a responsible leadership poses a real gic long-range ballistic missiles tipped major advantage in developing indige- threat to the United States. Over the with more powerful warheads. By many nous nuclear weapons and delivery sys- last several years we have engaged in a estimates, in less than 10 years, North tems, to include ballistic missiles. debate over how to best address this Korea will be able to deploy an oper- Libya and Iraq’s leaders have made emerging new threat. ational intercontinental ballistic mis- their desire to obtain such weapons The Senator from North Dakota sile force capable of hitting the Amer- quite clear, while North Korea has been raised the issue of other compelling ican mainland. willing to oblige by selling its missiles threats. Indeed, there are other threats The administration is ignoring these to interested parties. Americans face from a biological, very serious trends. Instead, it has There are many other countries ac- chemical, or nuclear weapons delivered adopted a wait-and-see strategy in its tively engaged in buying advanced through ballistic missiles. A truck approach to the defense of our Nation. technologies and missiles. If rogue na- packed with explosives, a ship cargo Much of the administration’s position tions are successful in buying systems container that sailed up into one of our is derived from a recent national intel- already developed, or can acquire the ports, or any number of other means of ligence estimate report by U.S. intel- technology to build their own indige- delivering weapons of mass destruction ligence agencies. The NIE claims that nous systems, the United States may are clearly threats we must take seri- no country will be able to acquire bal- well face a threat even sooner than ex- ously. However, the fact that these listic missile technology capable of pected. In testifying before Congress threats exist does not mean we should reaching the United States for at least earlier this year, Jim Woolsey—Presi- ignore the very real threat posed to 15 years. But NIE’s choice of 15 years is dent Clinton’s first Director of Central American citizens by proliferating bal- based on calculations most Americans Intelligence—addressed the grave na- listic missile technology. people. would hardly find reassuring. The 15- ture of ballistic missile technology, The Senator from North Dakota year estimate is based primarily on the stating that: talked about other effective deterrents. indigenous development of missile sys- Ballistic missiles can, and in the future He discussed the success that Ameri- tems, ignoring the rapid rate of ballis- they increasingly will, be used by hostile cans had with a strategy of deterrence tic missile technology proliferation so states for blackmail, terror, and to drive through mutual assured destruction. evident today. wedges between us and our friends and allies. During that particular era, there were In addition, the NIE based its threat It is my judgment that the administration is two superpowers engaged in a stand- calculations without regard to Hawaii not currently giving this vital problem the off. Mutual assured destruction seemed and Alaska. The report projects that weight it deserves. the most feasible strategy to counter no rogue nation will possess the tech- Who is to say that the current inten- Soviet missile threats. But, in that era, nology capable of hitting the lower 48 tions upon which the administration there was no threat of missile pro- States for 15 years. In qualifying its es- rationalizes its position may not liferation such as we face today. There timate, the NIE discounts the more im- quickly shift to the disadvantage of the S5726 CONGRESSIONAL RECORD — SENATE June 4, 1996 United States? Should one of these will need his help in order to get to by this bill. I have followed this debate countries decide to target the United that debate. Indeed, we are going to fairly closely since March 1983, shortly States—for the reasons Jim Woolsey need help from those who have opposed after I came to the Senate and Presi- cited—how will we defend America? the proposal before us in order to get dent Reagan gave his famous star wars Reassurances that a ballistic missile to the heart of the critical issues ad- speech. We now know, many years defense system is under development dressed in the Defend America Act. later, that President Reagan had essen- will do nothing to defend American The PRESIDING OFFICER. The Sen- tially been sold a bill of goods by the citizens, just as it does nothing to ator from New Mexico has 10 minutes. proponents of star wars. He was told deter future aggressors. Mr. BINGAMAN. Mr. President, I that an x-ray laser, driven by a nuclear Even if NIE’s 15-year threat window also rise in opposition to the motion to explosion in space, could wipe out a were realistic, a strategy of waiting to proceed on this bill, this so-called De- whole swarm of attacking Soviet deploy a defensive system until we are fend America Act. The bill is bad pol- ICBM’s. But the x-ray laser proved to certain we will face an imminent at- icy for many reasons. Several of my be neither technically sound nor politi- tack fails to recognize the reality that colleagues have already mentioned cally viable. The nuclear component of deploying a new system with advanced some of those. the SDI program was gone within a technology will invariably require fine- First, the bill would undermine Rus- couple of years. Instead, the goal be- tuning. This hedge strategy risks the sia’s ratification of the START II Trea- came a nonnuclear national missile de- welfare of American citizens in the ty, and undermine the implementation fense composed of a wide range of ki- face of a direct threat to our national of the START I Treaty. These treaties netic-kill and directed-energy weapons security. will destroy vastly more Russian nu- coupled with advanced space and Proliferation of nuclear, biological, clear weapons than any missile defense ground sensors that could provide some chemical weapons and the means to de- program that is being proposed in this sort of astrodome-like, leak-proof pro- liver them is a dangerous game. While legislation. tection for the American people we must continue our efforts to pre- A second reason the bill is bad policy against all ballistic missile attacks. vent rogue nations from acquiring this is that the bill would mandate the pre- Mr. President, there was almost no technology and thus endangering us, mature deployment of a national mis- one in the technical community at the we must also concede that ultimately sile defense that we do not know today time who thought that it was possible we are powerless to deter the acquisi- how to deploy, whatever the pro- to develop what I just described. I dis- tion of this technology. If we cannot ponents of the bill may argue. tinctly remember being briefed at deter the proliferation of ballistic mis- A third very significant reason why Sandia National Laboratories in the sile technology, we must at least di- this bill is bad public policy is that it mid-1980’s on their red team analyses minish the incentive for attacking the would divert many billions of dollars— of the various proposals being put for- United States and nullify the potential the estimate is about $60 billion—from ward as part of the strategic defense consequences of such an attack. We can higher Pentagon priorities, particu- initiative [SDI] by contractors. The red do this by developing and deploying a larly around the turn of the century team always won. Nevertheless, we national missile defense system. In the when the Republican defense budgets spent billions of dollars in pursuit of end, it is the only plausible strategy to fall below the President’s defense budg- this goal that not even the proponents protect American citizens from the fu- ets. of this bill support today. ture threat of a ballistic missile at- I do think we need to ask where the It was not until Senator SHELBY and tack. As former British Prime Minister money is coming from. As the Senator I offered an amendment in 1989 that Margaret Thatcher recently remarked: from North Dakota said a few moments Congress even tried to look at the com- Acquiring an effective global defense ago, it is ironic that the effort is being ponent parts of the SDI Program and against ballistic missiles is . . . a matter of made to move ahead on this legislation put some priority on those that made the greatest importance and urgency. But the same week the Senate is being sense, at the same time scaling back the risk is that thousands of people may be asked to once again vote on whether or those that did not. That amendment, killed by an attack which forethought and not to embrace a balanced budget con- which was debated on the eve of Iraq’s wise preparations might have prevented. stitutional amendment. We also need invasion of Kuwait, put first priority It is the reality of the proliferation to ask at what expense to our other de- on developing theater missile defenses, of ballistic missile technology, the ca- fense capabilities would we be adopting and it called for sharp cutbacks in the pability of providing nuclear, chemical this kind of legislation. The Joint more exotic space-based SDI systems, or biological destruction through the Chiefs of Staff believe those other de- such as the system that was then delivery on ballistic missiles, and the fense capabilities are more important. known as Brilliant Pebbles. proliferation of those missiles that de- We need to heed their advice on this. The Persian Gulf war heightened the mands we give serious consideration to The proponents of this bill do not consensus that our first priority should a national missile defense system. We know what system they are demanding be theater defenses, if we could come are making positive strides in provid- to deploy. They do not know what it up with some type of theater defenses ing theater missile defense protection will cost. They seem at best indifferent that, in fact, were effective. The Pa- for our troops abroad. But, in my opin- to the reaction that we would find in triot interceptor clearly had been inef- ion, we are not taking the steps that Russia, and at worst they seem to rush fective against the Iraqi Scud attacks we need to take to provide that same to embrace the demise of the Anti-Bal- during the war, as the Senator from kind of protection to Americans here listic Missile Treaty as a welcome con- Arizona noted yesterday. So in 1990, at home. sequence of this bill. under Senator NUNN’s amendment, pri- It is a risky strategy to continue to We need to ask ourselves why is this ority was once again given to theater postpone the basic decisions that need not the position of the Joint Chiefs of defenses. to be made relative to deployment of a Staff? Why do the Joint Chiefs put Why has it been so hard for us to national missile defense system. We higher priority on preserving START I come up with effective theater missile can argue over timing. We can argue and going forward with START II and defense systems? Since 1989, we have over the deployment. We can argue on developing other defense capabili- spent over $10 billion on developing over the cost that is appropriate in re- ties, including theater missile de- theater missile defenses. The President lationship to our budget each year. But fenses? The proponents of this legisla- proposed another $2 billion in fiscal we must not deny our citizens protec- tion have no answers to those ques- year 1997, the budget that we are still tion from the grave potential of a fu- tions. working on. Some of these systems, ture ballistic missile attack on the Let me spend a few minutes talking such as THAAD, are now entering test- United States. about some of the reasons I am deeply ing, but, thus far, they have not had There is a little doubt that the clo- skeptical of our ability to develop great success in the way of hitting tar- ture vote which will take place at 2:15 highly effective national missile de- gets. will succeed. The previous speaker has fenses, as called for in this bill, in the Why is that, Mr. President? It is true challenged us to get to the debate. We timeframe that is set out and required because hitting a bullet with a bullet is June 4, 1996 CONGRESSIONAL RECORD — SENATE S5727 a very, very difficult thing to accom- nity does not think so. Yet, the threat If a nation hostile to the United States plish. A theater ballistic missile will be you hear the most about from the pro- should acquire the capability to send a mis- moving at up to 5 kilometers per sec- ponents of this bill is the potential sile our way, dare we wait until it is fired to ond or 3 miles per second as it ap- threat that North Korea could develop see if our missile defense system actually proaches its target. Think about that. a missile, the Taepo Dong II, capable of works? Or would we in fact use other mili- tary means to go in and put it out of com- Three miles per second. An interceptor attacking the Aleutian Islands some- mission before it was fired? missile sent up to intercept it travels time soon. The proponents attack the at approximately the same speed and it intelligence community for not leaping The answer surely is that you do not place the fate of thousands of American lives on has to maneuver so that it ends up in to the conclusion that this threat jus- unproven technology of uncertain pro- the same breadbasket-sized space at tifies deployment of a national missile ficiency. You eliminate the threat before it precisely the right moment as the two defense now. eliminates you, a strategy that would make missiles approach each other at up to 6 Let me put a few facts on the table deployment of a missile defense system miles per second. That is a pretty good about this potential threat. pointless and redundant. trick. North Korea’s total gross national Mr. President, I ask unanimous con- The Congress has been calling for product is about $25 billion. That is highly effective theater missile de- less than one-third of 1 percent of the sent that the full text of this article fenses for at least 7 years now. We have U.S. gross national product. In fact, appear at the end of my remarks. been supporting research for far longer. that country is bankrupt, Mr. Presi- The PRESIDING OFFICER. Without And yet, as I said, we have not hit very dent. Its people are malnourished, if objection, it is so ordered. not starving. Its total defense budget is much. We all hope that our invest- [See exhibit 1.] ments in THAAD and Navy Lower Tier less than $6 billion, which is approxi- and improved Patriot and MEADS and mately one-fortieth of our own, and yet Mr. BINGAMAN. So, Mr. President, Navy Upper Tier will eventually result those who want to pursue a crash na- the threat of a rogue nation really can- in a reasonably effective theater de- tional missile defense system criticize not and should not be the justification fense capability. We know that that is the intelligence community for unani- for this bill and the expenditure of tens a capability our military commanders mously judging that it might be dif- of billions of dollars. want because finding and destroying ficult for North Korea to develop a But let us also look at the technical small truck-mounted Scud-sized mis- long-range missile in the next 15 years. side of national missile defense. As the siles before they were launched proved If North Korea’s Taepo Dong II—a senior Senator from Ohio, Senator missile that does not today exist—is very difficult in the Persian Gulf war. GLENN, has said many times on this However, after 7 years, in which Con- the justification for this bill, it is a floor, we do not today know how to do gress consistently approved the re- pretty thin justification indeed. But let this, whatever a contractor may claim. quests for theater missile defense sys- us take this argument further. Let us With ICBM’s we are talking about bul- give the proponents of this bill the ben- tem funding—in fact, added funds dur- lets intercepting bullets with closing efit of the doubt. Let us say that this ing several of those years—we still do velocities of up to 10 miles per second. bankrupt country actually started not have a highly effective theater The President and Secretary Perry pro- building such an intercontinental bal- missile defense, although we, hope- pose to continue research in this area listic missile tomorrow. Are we a piti- fully, have some promising candidates. at the rate of half a billion dollars per Anyone who told us that theater mis- ful helpless giant incapable of respond- ing? Does our $267 billion defense budg- year to see if we can solve the tech- sile defenses would be easy back in the nical problems. That is an adequate 1980’s should have conceded their mis- et provide our President and our mili- tary leaders no options to deal with amount in my judgment, given how lit- take by now. Anyone who promised as- tle has been delivered thus far after the trodomes for national missile defense this threat? Should we sue for peace? expenditure of many tens of billions of should have lost credibility with Con- Of course not. dollars. I am from Missouri like Harry gress and the American people a long The Taepo Dong II, if it ever exists, Truman when I hear any promises time ago. would be a large immobile missile. We about how close we are to solving the Yet, it is that same crowd who is would know about its development im- technical problems of national missile pushing this legislation. They are mediately through our intelligence ca- defense. Someone is going to have to much more careful about promising as- pabilities. And we would be able to de- trodomes now. Instead, this bill calls stroy it by a preemptive strike long be- show me with real test results. I have for deployment ‘‘by the end of 2003’’ of fore it was ready to be launched, just heard such promises before. The Amer- ‘‘a National Missile Defense system as Israel once dealt with the Iraqi nu- ican people have heard such promises that— clear complex. before. If the threat is a rogue nation, like (1) Is capable of providing a highly-effec- Mr. President, if the threat from tive defense of the territory of the United North Korea, Iraq, Iran, or Libya, de- rogue states is remote and capable of States against limited, unauthorized or acci- veloping an ICBM, then clearly pre- being handled by other means, as I be- dental ballistic missile attacks; and emption with our existing military ca- lieve it is, if we have no technical solu- (2) Will be augmented over time to provide pabilities would clearly handle such a tion in hand, if we risk undermining a layered defense against larger and more so- threat with very high confidence. It is the benefits of START I and the phisticated ballistic missile threats as they a far higher confidence level than we emerge.’’ START II Treaty as well, then why on are ever likely to achieve with a na- Earth should we move ahead to pass Seven years from now, according to tional missile defense system. The this bill? The proponents threaten us this bill, we are supposed to have American people would support such a with some variation of the astrodome solved a harder problem than theater preemptive strike, just as they support 30-second political spot. They feel the defenses, namely national missile de- today the threat of preemption which American people will be outraged that fense, and deployed a system. The pro- Secretary Perry has made to the un- we do not have a national missile de- ponents totally disregard the lessons of derground Libyan complex should it fense system. But it is much more like- how hard it has been to develop theater begin to manufacture chemical weap- ly that the American people will see defenses over the past 7 years. These ons. this legislation for what it is, a fis- technological developments can-not be There is an editorial, which I want to cally, technically, and strategically made on a congressionally mandated cite on this point, that was in the May unsound bill that will damage both our time schedule. 13, 1996 edition of the Patriot & Treasury and our security. We also need to ask what the threat Evening News out of Harrisburg, PA. is that is conjured up to justify spend- This is an article called ‘‘Offense is Mr. President, I believe it would be ing this $60 billion contemplated in Best Missile Defense.’’ folly for us to proceed to enact it and this bill. Is it a real threat like the mo- The author makes the obvious point the American people will not be fooled bile Scuds that our troops faced in the about the threat from rogue states. He into believing otherwise. I appreciate Persian Gulf? The intelligence commu- says: the time and yield the floor. S5728 CONGRESSIONAL RECORD — SENATE June 4, 1996 EXHIBIT 1 We are in the middle of a debate we Senator from New Mexico’s statement [From the Harrisburg (PA) Patriot & have heard over and over. I do not about hitting a bullet with a bullet— Evening News, May 13, 1996] think I have heard anything today or yes, that is a difficult thing, but there OFFENSE IS BEST MISSILE DEFENSE yesterday that I have not heard al- is not a person in the United States AMERICA NEEDS A SYSTEM TO PROTECT DE- ready and we have not discussed at who was not watching CNN during the PLOYED TROOPS, BUT SHOULD TAKE OUT AT- some length. Persian Gulf war, and we all saw Pa- TACK CAPABILITY OF ROGUE NATION The Senator from New Mexico mis- triot bullets hitting Scud bullets. That Should the United States develop and de- characterizes the threat that exists out was 5 years ago. Mr. President, we can ploy a system to destroy incoming missiles there. I hope we can go back and recall hit a bullet with a bullet. fired by a rogue state, such as Iran or North some of that debate because it started, When you are talking about the prop- Korea? That is the issue in what the House leader- in characterizing the threat, 2 years er function of Government, I cannot ship has dubbed ‘‘Defend America Week,’’ as ago, when James Woolsey, who has al- think of any function that is more sig- it considers legislation that would deploy a ready been identified as the CIA Direc- nificant than protecting the citizens of missile defense system by the year 2003. tor under President Clinton, who has the United States. At stake, Republicans argue, is the na- stated that we know of between 20 and We had a lot of discussion about the tion’s security in a world where all sorts of 25 nations that have or are in the final cost of this. I hear these figures being nations are equipping themselves with or stages of developing weapons of mass batted around, $30 and $60 billion. The seeking weapons of mass destruction. Also at stake are billions of dollars, and destruction, either biological, chemi- fact is we already have somewhere be- perhaps the ability of our military forces to cal, or nuclear, and are developing the tween $44 and $50 billion invested in carry out more conventional missions, for missile means in delivering those our Aegis ships. We have 22 cruisers the defense pot isn’t likely to get much big- weapons. He said this 2 years ago. and destroyers already floating out ger even if Congress votes for deployment of I suggest that those who look wist- there with launching capability. expensive defensive missiles. fully back and say, ‘‘Isn’t it wonderful We want to get them upgraded so Is such a deployment necessary? The Clin- that the cold war is over,’’ that the they can reach up into the upper tier ton administration proposes to spend $600 threat could very easily be, and I think and defend us against missile attack. I million annually for five years to develop a system, but not deploy it unless a clear it is, greater than it was during the do not see anything un-American about threat emerges. No nation that might pose cold war. During the cold war, we had that. That money has already been such a threat has the capability to launch a the U.S.S.R. and the United States as spent. We have that investment. We missile that can reach American shores. And two superpowers. So it made some are down now to a very small amount the best intelligence estimate is that such sense to some people to come up with of money that could bring us to the re- capability is at least 15 years away. agreements to downgrade nuclear capa- ality of being able to defend ourselves. It should be noted that the administration bility because there were only two nu- Here is Team B of the Heritage Foun- does propose to fund the development and de- dation, which is made up of a lot of ployment of a theater anti-missile system to clear superpowers out there. But if we protect American military forces overseas are talking about 25 to 30 nations now very knowledgeable people, such as Lt. from attacks such as those by Scud missiles and we establish some type of relation- Gen. James Abrahamson, former SDIO we saw during the Persian Gulf War. ship with Russia, since the U.S.S.R. is Director and Associate NASA Adminis- Not only is there no immediate threat that no longer in existence, then we still trator, and Lt. Gen. Daniel Graham, would require deployment of a national mis- have 25 or 30 other nations that are the former Director of the Defense In- sile-defense system, the so-called ‘‘Defend building up their nuclear capability at telligence Agency. America Act’’ doesn’t even define the type of the same time we are tearing ours We have all of these people sitting system that would be developed or deployed. down determining the cost of actually That suggests a considerable gap between down. the idea and an actual system capable of Is the threat out there? The Russians coming up with a system that will pro- picking off a missile before it inflicts harm have the SS–25, the SS–18, which is a tect America using the Navy’s Aegis on this country. MIRV’d missile, I think, with 10 war- system. They say it is going to be Indeed, one of the arguments against early heads. They have the capability of somewhere in the neighborhood of $3 deployment is that the pace of technology launching. And North Korea’s Taepo billion, plus $5 billion if we are going to could well render such a system obsolete in Dong II missile that the Senator from field the satellites we need to be able the estimated three years required for it to New Mexico talked about, that is some- to detect where one of these missiles is become operational. The costs are not inconsequential. Deploy- thing that the experts say is within 5 launched. ment of even a modest, single site, ground- years—and I have heard lower figures To be able to use our satellites to de- based system could amount to $5 billion, than that—of being able to reach the tect a missile that is coming toward though it would be of doubtful worth. A more United States. We are talking about the United States will cost, according ambitious system would cost on the order of technology that exists. We are talking to the Heritage experts, approximately $25 billion. A multi-site system could run $44 about missiles that can reach long dis- $5 billion. If you take the CBO report billion or more, but would also violate the tances and can reach the United States and look at what it really says—and ABM treaty with Russia, which limits each they talk about the figures $31 to $60 country to one ABM site. from such places as China, Russia, and More to the point, if a nation hostile to the North Korea. billion—what they are talking about is United States should acquire the capability I also suggest that we do not need to if you want to buy every available mis- to send a missile our way, dare we wait until talk about the gross national product sile defense technology there is. it is fired and see if our missile defense sys- of North Korea. That should not enter What we are suggesting in this bill tem actually works? Or would we in fact use into this debate. I do not care what right here is that the President and the other military means to go in and put it out their gross national product is. If they Secretary of Defense look at all the of commission before it was fired? have a Taepo Dong II missile that can technology, look at the land-launched The answer surely is that you do not place missiles, look at the Navy’s Aegis sys- the fate of thousands of American lives on reach the United States, it only takes unproven technology of uncertain pro- one. Coming from Oklahoma, I can tell tem and space systems and pick the ficiency. You eliminate the threat before it you, one bomb is enough. right combination that will defend eliminates you, a strategy that would make So when you look at the threat, I America. deployment of a missile defense system think you need to consult the individ- What the CBO did was to add up the pointless and redundant. uals who are the experts and the ones cost as if we adopted everything. It is Mr. KYL. Mr. President, I yield 10 who said we know what capability is like going into a used car lot and buy- minutes to the Senator from Okla- there. ing every car in the lot, not just the homa, Senator INHOFE, a member of We have had this debate already. We one that is going to take care of our the Senate Armed Services Committee. had this debate in 1991. We decided we needs. The PRESIDING OFFICER. The Sen- would protect ourselves against the So the cost is not that much. If the ator from Oklahoma, Mr. Inhofe, is rec- threat of a missile attack by the year CBO is right, and if it is between the ognized for 10 minutes. 1996. Here it is 1996. $30 and $60 billion—let us assume it is Mr. INHOFE. Mr. President, I thank We are having this debate again. $40 billion—that is the total cost from the Senator for yielding. Technology has improved. As far as the 1997 to the year 2010. That is 14 years. June 4, 1996 CONGRESSIONAL RECORD — SENATE S5729 So we would be taking approximately Mr. NUNN. Mr. President, I believe ployment under section 4. It does not $3 billion a year. the Senator from Michigan, Senator say violate the treaty. It suggests that The Senator from North Dakota LEVIN, had been on the floor and would if there is a need to amend the treaty talked about the fact that there was like to speak. But he is not here now. to keep from violating it, the President not any real threat from North Korea. Mr. KYL. If he is not here, Mr. Presi- should work to accomplish that objec- I suggest that the Senator go back and dent, I will yield 5 minutes to the Sen- tive. We do not know what the Rus- reread what Gen. Gary Luck, the Unit- ator from Mississippi, Senator COCH- sians would say to that kind of pro- ed States commander in South Korea, RAN. posal, but we ought to at least explore came out and stated this year before The PRESIDING OFFICER. The Sen- it. But to say that the Defend America the Armed Services Committee. He ator from Mississippi, Senator COCH- Act violates the ABM Treaty is just said we have very serious threats. RAN, is recognized for 5 minutes. not true. Granted, we are talking about more of Mr. COCHRAN. Mr. President, I Third, opponents of national missile a theater missile problem there in thank my distinguished colleague from defense say that the kind of threat Korea. But he said: With 37,000 Ameri- Arizona for yielding time to me. that we are confronting right now isn’t cans in South Korea, we need to start The most often heard criticisms of that serious. Well, it is. There are some working on this system right now be- this legislation that have come to my 20 countries, maybe more, who either cause we know what the Taepo Dong II attention and that I have read in the have or are in the process of acquiring missile is advancing and we know what op-ed pieces and the newspapers consist missile technology capable of deliver- kind of threat it will be not just to generally of three main arguments: ing lethal warheads, nuclear, biologi- South Korea but to the United States. First, the system costs too much; sec- cal, and other types of lethal warheads So I would like, rather than to listen ond, we will violate the ABM Treaty; over long distances that could create to someone who has very little knowl- third, this is not the real threat we are edge about the technology that is mass destruction, putting at risk, right dealing with right now, that it is more now, our troops in South Korea, those available out there, to listen to those of a terrorism threat, that people could who are the experts. I also add that the deployed in other regions of the world. bring a nuclear weapon in a suitcase experts—I was very proud of the four Our interests everywhere are threat- and put it anywhere in the United chiefs of the four services the other day ened. States, and that this is what we have coming out and saying that out mili- Now, of course, we are worried about to concentrate our attention on. terrorism. That is why we passed the tary procurement is underfunded by $20 Let me take those arguments and billion underfunded—recognizing we in antiterrorism bill the other day. Of just say that on the basis of the facts— course, we are worried about doing America are not paying proper atten- not the rhetoric, not the eye wash, not tion to defending America. It took a enough in terms of surveillance and the double-talk, but the facts—before keeping up with what is going on and lot of courage for them to say that. our Committee on Defense Appropria- The Senator from North Dakota goes what kind of threats exist against the tions, we have heard of a system that, on and on talking about $60 billion, $90 United States and its citizens. That is using a sea-based system, we can de- billion, large sums of money, as if none why we have intelligence-gathering of that has already been spent. I sug- ploy a missile defense system with ex- agencies. That is why we are urging gest, Mr. President, that the vast ma- isting ships, cruisers, that are now in that the President submit a request for jority of what we need for missile de- the inventory of the U.S. Navy and at more funds for these things rather than fense has been spent, that we could sea around the world that have a firing less. So we are fighting that battle. We take the amount of money that has system that is capable of being used for are dealing with that threat. To use as been spent and spend about 10 percent launching interceptors. This can be de- an excuse that we should not have a more and have a system in place that ployed over a 5-year period at a cost of missile defense system because there would be able to shoot down an ICBM between $2 and $3 billion. are other threats that may be more ob- missile if it came toward the United Think about that. That is within the vious, does not argue, in any way, States. budget request being submitted by the against the passage of this bill. That is Coming from Oklahoma, I think I am President of the United States for mis- the point. probably a little more sensitive to sile defense. Other testimony came I am tired of hearing these same old what kind of a disaster can take place. from the Air Force. The highest rank- arguments, dredged up, reused and re- I was there the day after the bombing ing officers of the Air Force described phrased, in the New York Times edi- of the Federal building in Oklahoma before our committee a ground-based torial page and by others contributing City. It is easy to sit here, read the ac- system, the technology for which al- their information through that source counts in the paper, maybe watch TV ready exists and is proven to be very to this debate. I think they are wrong. and not be too impressed with how per- promising in this area. The cost? $2 to They are certainly not accurate. sonal this is. When you have a close $2.5 billion. Now, come on. Mr. NUNN. Mr. President, how much friend whose son and daughter were in There was testimony from the Army, time do I have remaining? that building, were killed in that build- the highest ranking officials in the The PRESIDING OFFICER (Mr. ing, and they did not know it for 3 Army, about a ground-based system for COCHRAN). The Senator has 36 minutes days; when you see the disaster, the missile defense. One estimate was from and 7 seconds. millions of dollars that were lost, the $5 to $7 billion over a period of years to Mr. NUNN. I yield 10 minutes to the half billion dollars that was identified deploy this system. Senator from Michigan. in property damage, the 168 lives; and The reason those costs are so low is The PRESIDING OFFICER. The Sen- then you realize that the explosive because we have already invested sub- ator from Michigan is recognized for 10 power of the bomb that went off in stantial sums of money. Those invest- minutes. Oklahoma City was equal to a ton of ments are not wasted if we will go Mr. LEVIN. Mr. President, Senate TNT, while the smallest nuclear war- ahead and deploy a system in an or- bill 1635, the so-called Defend America head that we know about today that derly way, using the technology that is Act, is really misnamed. It should our intelligence community can docu- there. more appropriately be called the Re- ment is 1 kiloton, a thousand times the Second, opponents of national missile ducing America’s Security Act, be- size of the bomb that wiped out the defense say we will violate the ABM cause it would reduce our security by Murrah Federal office building in Okla- Treaty. The Defend America Act, jeopardizing the massive reductions of homa City—I just say to those who like which I am cosponsoring, along with a former Soviet nuclear weapons that are to keep their head in the sand, those number of other Senators, specifically scheduled to take place under START I who like to believe that there is no provides that the President pursue and START II. threat out there, a lot of the experts high-level discussions with the Russian Those reductions are not going to disagree with you. And what if you are federation to achieve an agreement to take place, we have been so informed, wrong? amend the ABM Treaty to allow de- if we unilaterally commit to deploy a The PRESIDING OFFICER. Time has ployment of the National Missile De- system which violates the agreement expired. Who yields time? fense System being developed for de- between ourselves and Russia, the ABM S5730 CONGRESSIONAL RECORD — SENATE June 4, 1996 Treaty. That is the bottom line. Every- Continuing: chemical weapons, threats of biological body can try to wriggle away from that I am concerned that failure of either agents, and we must spend a lot more and try to avoid that issue if they START initiative will result in Russian re- time and more resources addressing want, but we have an agreement with tention of hundreds or even thousands more terrorist threats. We have to rate these Russia. That agreement prohibits or nuclear weapons, thereby increasing both threats in terms of likelihood. precludes the kind of systems which the costs and the risks that we may face. The head of the CIA, John Deutch, the Senator from Mississippi just de- We have our highest uniformed mili- has ranked threats, and when he scribed. Sea-based ABM systems are tary authority, not just the civilian ranked the threat of terrorists using not allowed under that agreement. We heads of the Department of Defense, weapons of weapons of mass destruc- have been told if we commit to deploy but our highest uniformed military au- tion, whether chemical or biological systems which violate that agreement thorities who have said they do not weapons or nuclear weapons, with the with Russia that they will not proceed want us to commit now to deploy a threat of ballistic missiles delivering to dismantle weapons under START I system by a year certain, as this bill nuclear weapons or other weapons of and they will not ratify START II. requires. That unilateral commitment mass destruction by rogue states, he That is the issue which we face. to deploy a system which would violate listed the missiles delivering the weap- Which course of action is more in our the ABM Treaty, as would the system ons as a far distant third. And so we, security interest: proceeding with huge which my good friend from Mississippi too, must make decisions on alloca- reductions in Russian nuclear weapons just outlined, the sea-based ABM sys- tions of resources, based on the likeli- or violating an agreement with Russia tem, that will lead Russia to withdraw hood of the threat. That is part of our and keeping those weapons in place? from START I and not ratify START job in Congress. It is not whether there is a potential II, leaving us in a much more threaten- Now, the CBO has estimated this threat. There is a potential threat. The ing situation than the one which we Dole-Gingrich missile defense system question is whether or not we address would otherwise face. could cost $60 billion, roughly. The that threat in a rational, reasonable What the Defense Department wants CBO estimate apparently is not accept- way, which does not create greater us to do instead is put ourselves in a ed by the folks who insist that we ac- dangers to ourselves. If we address a position where we can deploy, should cept CBO estimates on everything else. potential threat in a way which causes the threat warrant it and should the I think it is obvious why there is the Russia to say, ‘‘OK, you are commit- costs make it cost-effective and the inconsistency here, and it is an incon- ting now to violate an agreement technology make it militarily effec- sistency. If there is an estimate of a which you have worked out with us, tive. That is the so-called 3-plus-3 ap- certain amount by CBO, it seems to me and we are, therefore, going to stop dis- proach. It gets us to a position where that we ought to be consistent and say, mantling our nuclear weapons under we can decide within 3 years to have a OK, if we are going to accept the CBO START I and we are not going to ratify deployed system within 3 additional numbers in terms of budget delibera- START II,’’ we have not only cut off years. But it would not commit us now, tions, the estimates should be given our nose to spite our face, but we have prematurely, to such a deployment some kind of a prima facie credibility produced a far more threatening situa- both for the reason which I just gave, in terms of other areas as well. tion involving thousands of nuclear which is that it threatens the ABM So there is a significant cost here. Is weapons which will continue to exist, agreement with Russia which has al- it worth it? We do not know yet. The which otherwise will be dismantled. lowed them to dismantle thousands of answer is that it may be, but may not Now, that is not just Democrats in weapons and would cause them to stop be. If it creates a system which can ef- the Congress talking, and that is not dismantling more, but also from the fectively defend us from in-coming just the administration talking. That Defense Department perspective, it missiles, and if there is a real threat of is the Chairman of the Joint Chiefs of prematurely commits us to tech- those missiles coming in, and that sys- Staff. That is the Chiefs of Staff them- nologies before we know what are the tem will not create worse threats than selves. That is our regional CINC’s best technologies in order to meet this the ones we are considering, it may around the world. They are telling us it potential threat. well be. So we have to weigh the likeli- is not in our interest to proceed down So the question is not whether we hood of the threat. the line of threatening an agreement want to defend America. Of course, we When is the threat likely to emerge? which will result in Russia, saying, want to defend America. The question The CIA estimate is not in the next 15 ‘‘OK, if you are going to have prohib- is how best to defend America, how years, in terms of any new states hav- ited defenses, then, folks, we are not best to defend against potential ing the capability to hit the continen- going to dismantle the weapons that threats, and how best to do so without tal United States, other than Russia we otherwise were willing to disman- creating a worse situation for our- and China. And so we have to weigh the tle.’’ selves. I want to emphasize this fact so likelihood of those threats and the cost Of course we want to defend against this does not appear to be Senator of defending against those threats potential threats. But we do not want DOLE and Speaker GINGRICH on the one against all the other aspects that go to do so in a way which creates worse side and the administration on the into this kind of a decision. threats for ourselves. That is what the other side. This is the Chairman of the We have other ways to defend our- Chairman of the Joint Chiefs of Staff is Joint Chiefs and the Joint Chiefs them- selves. We have arms control and telling us. That is in a letter to Sen- selves. threat reduction efforts, like the ator NUNN, in which he tells us that the At the end of his letter, as he empha- START I and START II treaties and Chairman, the Chiefs, the CINC’s, do sized, ‘‘I have discussed the above posi- the Nunn-Lugar Cooperative Threat not approve a course of action which tion with the Joint Chiefs and the ap- Reduction Program that are leading to threatens to undermine an agreement propriate CINC’s, and all are in agree- massive reductions of former Soviet that we have with Russia. ment.’’ What they are in agreement nuclear weapons. We have deterrence, His letter to Senator NUNN reads: with is the danger of ruining our which is a very critical way of defend- In response to the recent letter on the De- chances for continuing massive reduc- ing ourselves—frequently not even con- fend America Act of 1996, I share congres- tions of former Soviet nuclear weapons sidered anymore, but still it was the sional concern with regard to the prolifera- by threatening the ABM Treaty, and heart of the ABM Treaty. So there are tion of ballistic missiles and the potential also in agreement on the administra- other ways in which we can and want threat that these missiles may present to the United States and our allies. tion’s approach which I have just out- to and must defend ourselves, in addi- lined, the so-called 3-plus-3 approach. tion to having some kind of an anti- Then he says: There are other threats, as my good ballistic missile system, as we clearly Efforts which suggest changes to or with- friend from Mississippi has pointed out. drawal from the ABM Treaty may jeopardize see in the case of Russia. Russian ratification of START II and, as ar- There are lots of threats, lots of terror- There are two nations that already ticulated in the Soviet statement to the ist threats we face, including threats have such ballistic missiles: Russia and United States of 13 June 1991, could prompt that could come in a suitcase, threats China. The Russians are now reducing Russia to withdraw from START I. that could come in trucks, threats of their nuclear weapons under the June 4, 1996 CONGRESSIONAL RECORD — SENATE S5731 START I Treaty, and once the START retary of Defense for Acquisition and Section 3 states: II Treaty enters into force Russia will Technology stating their views on It is the policy of the United States to de- make even greater reductions. These prioritizing and funding missile defense ploy by the end of 2003 a National Missile De- two treaties will result in the reduc- programs. The memorandum states: fense system that — tion of two-thirds of the nuclear weap- This memorandum is to inform you of the (1) is capable of providing a highly effec- ons that the Soviet Union deployed at Joint Requirement Oversight Council’s tive defense of the territory of the United the end of the cold war. That is a huge (JROC) position of prioritizing a Theater States against limited, unauthorized, or ac- cidental ballistic missile attacks; and increase to our security—a two-thirds Missile Defense (TMD) capability over a Na- tional Missile Defense (NMD) capability. (2) will be augmented over time to provide reduction in nuclear weapons. Mr. The JROC believes that with the current a layered defense against larger and more so- President, I want to emphasize that and projected ballistic missile threat, which phisticated threats as they emerge. the reductions we expect from START shows Russia and China as the only coun- Section 4 states: I and START II will be some 6,500 nu- tries able to field a threat against the U.S. (a) To implement the policy established in clear weapons that were deployed as re- homeland, the funding level for NMD should section 3(a), the Secretary of Defense shall cently as the end of 1991—far more nu- be no more than $500 million per year and develop for deployment an affordable and clear weapons than those of all the TMD should be no more than $2.3 billion per operationally effective National Missile De- other nations combined that possess year through the FYDP [Future Years De- fense (NMD) system which shall achieve an fense Plan]. Those funding levels will allow nuclear weapons. initial operational capability (IOC) by the us to continue to field critical TMD/NMD end of 2003. In addition to these reductions, the systems to meet the projected threats and, United States and Russia have de-tar- (b) The system to be developed for deploy- at the same time, save dollars that can be ment shall include the following elements: geted their missiles. That means that given back to the Services to be used for (1) An interceptor system that optimizes if there were an accidental launch of a critical recapitalization programs. defensive coverage of the continental United We believe the proposed TMD/NMD acqui- Russian missile—which the intel- States, Alaska, and Hawaii against limited, sition levels are balanced and proportional ligence community estimates to be a accidental, or unauthorized ballistic missile and offer great potential for achieving an af- attacks and includes one or more of the fol- very very remote possibility—the mis- fordable ballistic missile defense architec- lowing: siles would land in the ocean and not ture that meets our joint warfighting needs. on each other’s territory. So we have (A) Ground-based interceptors. So these are the views of the senior (B) Sea-based interceptors. already taken the most important step military leaders. They know the threat (C) Space-based kinetic energy intercep- to reduce the risk of an accidental and they know what is a reasonable tors. launch of a Russian missile by and prudent response to the threat. (D) Space-based directed energy systems. detargeting our missiles. They also know that there are more I would point out, Mr. President, that Mr. President, Americans are under- pressing defense needs on which to all of the last three of these elements standably far more concerned about spend our limited resources than com- are strictly prohibited by the ABM the threat of terrorists bringing weap- mitting to spend tens of billions on a Treaty. ons into the United States. Here are missile defense system in carrying out Finally, Section 7 states: some polling results: 67 percent believe a commitment to deploy a system by .. . Congress urges the President to pursue that it is more likely that the United 2003, without even knowing the results high-level discussions with the Russian Fed- States will be attacked by terrorists of development and testing. That is eration to achieve an agreement to amend bringing weapons into the country why they recommended these more the ABM Treaty to allow deployment of the than being attacked by nuclear ballis- national missile defense system being devel- prudent levels of spending, which is oped for deployment under section 4. tic missiles. Only 3 percent of those consistent with what the Defense De- polled thought the threat of ballistic partment requested this year. Mr. President, it seems clear to me missile attack was more likely than The (DOD) plan is to develop our mis- that when the bill states that the terrorist attack. sile defense technology so that we can President would need an amendment to Our intelligence community has the make a deployment decision in 3 years the ABM Treaty ‘‘to allow deployment same assessment of the relative likeli- if needed, and then be able to deploy a of the national missile defense system hood of threats to our Nation. It views system after 3 more years, as early as being developed for deployment under the threat of a terrorist attack in the 2003, if there is a threat that warrants section 4’’, as this bill does, it is an United States using chemical or bio- deployment and if it is cost-effective. abundantly clear indication that the logical weapons as more likely than a This so-called ‘‘3 plus 3’’ plan makes no bill envisions a system that would not ballistic missile attack. In testimony commitment now to deploy. It com- be permitted by the ABM Treaty. That before the Governmental Affairs Per- mits us to improve significantly our is exactly what this bill is about. The manent Subcommittee on Investiga- missile defense technology and capabil- administration sent to Congress yes- tions earlier this year, Director of ity so we could deploy if and when that terday its statement of administration Central Intelligence John Deutch said makes sense in terms of threat and policy concerning this bill. I will quote that terrorists would be most likely to costs. the first sentence of this administra- use chemical weapons to attack the By committing now to building a sys- tion statement. ‘‘If S. 1635 were pre- United States, than biological agents, tem that will be operational in 2003, sented to the President in its current and finally nuclear weapons. Director the Dole bill could lock in the least ca- form, the President would veto the Deutch said that ‘‘chemicals are the pable technology and provide us with bill.’’ Mr. President, yesterday was a weapon of choice for a terrorist group.’’ what the Pentagon terms a very ‘‘thin’’ historic day for U.S. and international Nothing in this Dole-Gingrich legisla- system. It would thus deny us the abil- security. We learned that the last of tion would do anything to prevent a ity to pick the best technology avail- the nuclear weapons left over from the terrorist attack, such as the Tokyo able in case a serious threat does former Soviet Union have been re- subway gas attack. This bill focuses ex- emerge. The Defense Department has moved from Ukraine. So Ukraine is nu- clusively on the much less likely pros- testified to Congress that for each year clear weapon-free, as it promised. pect of a ballistic missile attack beyond 2003 that we wait before deploy- When the Soviet Union collapsed it against the United States ing a system we will increase the capa- gave rise to four nations with nuclear And on the view of the threat and ap- bility of the system we might not pre- weapons on their soil: Russia, Ukraine, propriate funding level, the senior maturely commit, but develop it prop- Belarus, and Kazakhstan. In addition military leadership believe there are erly and eventually build. Since there to Russia, there were suddenly three higher priorities that should be funded is no threat now from rogue nations, new nuclear weapon states that had ahead of unrequested missile defense we should take the time to get it right more nuclear weapons than the rest of funds. For example, at the beginning of in case we need to deploy. That is the the other nuclear weapon states—Brit- this year the Joint Requirements Over- Pentagon’s plan and we should support ain, France and China—combined. sight Council, which is made up of the it and reject the Dole-Gingrich plan. Through hard work and cooperation, Vice Chairman of the Joint Chiefs of Mr. President: Let me cite the provi- we are on the path to making those Staff and all the Vice Chiefs of Staff, sions of this legislation that are of three states nuclear weapon free. sent a memorandum to the Under Sec- greatest concern: Ukraine is to be commended for this S5732 CONGRESSIONAL RECORD — SENATE June 4, 1996 action. But this kind of cooperative THE VICE CHAIRMAN OF passed by the House and Senate would pro- threat reduction is not possible when THE JOINT CHIEFS OF STAFF, vide $10 to $16 billion less in 2001 and 2002 for we threaten to unilaterally violate a Washington, DC. defense than the Administration’s budget key treaty with Russia, or take actions Memorandum for the Under Secretary of De- plan. Proceeding with the NMD program en- fense for Acquisition and Technology. visioned by this bill, under these defense that will jeopardize the huge reduc- Subject: National missile defense. budget levels, would cripple modernization. tions in former Soviet nuclear weap- 1. This memorandum is to inform you of The immediate commitment to a specific ons. If we want to increase America’s The Joint Requirements Oversight Councils system to defend against a threat that does security, we should support coopera- (JROC) position of prioritizing a Theater not now exist is both imprudent and dan- tive threat reduction efforts—not Missile Defense (TMD) capability over a Na- gerous. By mandating an NMD deployment decision now, the bill would force the De- threaten them. The Senate should re- tional Missile Defense (NMD) capability. partment of Defense (DOD) to commit pre- 2. The JROC believes that with the current ject this Dole-Gingrich legislation that maturely to a technological option that may and projected missile threat, which shows would reduce America’s security. be outdated when the threat emerges. The Russia and China as the only countries able bill embraces much of the failed ‘‘Star Wars’’ Mr. President, in closing, I ask unan- to field a threat against the US homeland, scheme, which depends on advances in tech- imous consent that three documents be the funding level for NMD should be no more nology that are at least a decade away. printed into the RECORD at this time. than $500 million per year and TMD should The Administration’s Deployment Readi- One is the letter which I have made ref- be no more than $2.3 billion per year through ness Program will continue to develop na- erence to from General Shalikashvili, the FYDP. These funding levels will allow us tional missile defense technology for three to continue to field critical TMD/NMD sys- years—the minimum time needed to develop which I have quoted. Next is the docu- tems to meet the projected threats and, at ment from the Joint Requirements a workable defense—after which time the the same time, save dollars that can be given United States can make an informed deci- Oversight Council [JROC] which has back to the Services to be used for critical sion to deploy a system by 2003 if so war- prioritized and recommended an appro- recapitalization programs. ranted by the threat. The Intelligence Com- priate level of funding for the theater 3. We believe the proposed TMD/NMD ac- munity has estimated that there will be suf- quisition levels are balanced and propor- missile defense and national missile de- ficient warning time to make this timetable tional and offer great potential for achieving possible. This ‘‘3+3’’ approach to national fense programs, and other aspects, an affordable ballistic missile defense archi- which are relevant to this debate. Last missile defense ensures that a system will be tecture that meets our joint warfighting fielded with the best technology available if is a statement of administration policy needs. and when the threat emerges. The Adminis- regarding the Dole-Gingrich bill. W.A. OWENS, tration approach also preserves the correct Vice Chairman of the priority in the Ballistic Missile Defense pro- There being no objection, the mate- Joint Chiefs of rial was ordered to be printed in the gram. This program fully funds Theater Mis- Staff. sile Defense to defeat a threat that is here RECORD, as follows: THOMAS S. MOORMAN, JR., and now, and complements a comprehensive CHAIRMAN OF THE General, USAF, Vice defense against weapons of mass destruction JOINT CHIEFS OF STAFF, Chief of Staff. that includes prevention, deterrence, and de- Washington, DC, May 1, 1996. J.W. PRUEHER, fense. Hon. SAM NUNN, Admiral, US Navy, Finally, by setting U.S. policy on a colli- U.S. Senate, Committee on Armed Services, Vice Chief of Naval sion course with the ABM Treaty, S. 1635 Washington, DC. Operations. would put at risk continued Russian imple- F.D. HEARNEY, DEAR SENATOR NUNN. In response to your mentation of the START I Treaty and Rus- Assistant Com- recent letter on the Defend America Act of sian ratification of START II. These two mandant of the Ma- 1996. I share Congressional concern with re- treaties together will reduce the number of rine Corps. gard to the proliferation of ballistic missiles U.S. and Russian strategic nuclear warheads RONALD H. GRIFFITH, and the potential threat these missiles may by two-thirds from Cold War levels, signifi- General, US Army, cantly lowering the threat to U.S. national present to the United States and our allies. Vice Chief of Staff. My staff, along with the CINCs, Services and security. The PRESIDING OFFICER (Mr. the Ballistic Missile Defense Organization EXECUTIVE OFFICE OF THE PRESI- (BMDO), is actively reviewing proposed sys- DENT, OFFICE OF MANAGEMENT ASHCROFT). Who yields time? tems to ensure we are prepared to field the AND BUDGET, Mr. NUNN. Mr. President, I suggest most technologically capable systems avail- Washington, DC, June 3, 1996. the absence of a quorum, and I ask able. We also need to take into account the STATEMENT OF ADMINISTRATION POLICY unanimous consent that the time be parallel initiatives ongoing to reduce the equally divided. ballistic missile threat. [THIS STATEMENT HAS BEEN COORDINATED BY The PRESIDING OFFICER. Without OMB WITH THE CONCERNED AGENCIES.] In this regard, efforts which suggest objection, the time during the quorum S. 1635—Defend America Act of 1996—(Sen. Dole changes to or withdrawal from the ABM (R) KS and 23 cosponsors). will be charged equally to both sides. Treaty may jeopardize Russian ratification The clerk will call the roll. of START II and, as articulated in the Soviet If S. 1635 were presented to the President The legislative clerk proceeded to in its current form, the President would veto Statement to the United States of 13 June call the roll. the bill. 1991, could prompt Russia to withdraw from S. 1635 would commit the United States Mr. NUNN. Mr. President, I ask START I. I am concerned that failure of ei- now to deployment by 2003 of a costly system unanimous consent that the order for ther START initiative will result in Russian for national missile defense (NMD) to defend the quorum call be rescinded. retention of hundreds or even thousands the United States, inter alia, from a long- The PRESIDING OFFICER. Without more nuclear weapons thereby increasing range missile threat from countries other objection, it is so ordered. both the costs and risks we may face. than the major declared nuclear powers. For Mr. MURKOWSKI. Mr. President, I We can reduce the possibility of facing the reasons explained below, committing the rise today to voice my strong support these increased cost and risks by planning an United States now to such a deployment is for the Defend America Act. I won’t NMD system consistent with the ABM trea- not only unnecessary, but could be harmful comment on every aspect of this im- ty. The current National Missile Defense De- to our broader national defense interests. portant legislation, but there are cer- ployment Readiness Program (NDRP), which The costly deployments required by S. 1635 would divert vital defense funds from other tain issues which bear highlighting. is consistent with the ABM treaty, will help Although we in Alaska may some- provide stability in our strategic relation- more pressing defense needs. The bill encour- ages deployment of space-based laser sat- times wish we were further away from ship with Russia as well as reducing future Washington, DC, I think the citizens in risks from rogue countries. ellites that would cost billions and would violate the ABM treaty. The CBO has esti- my State would be shocked to learn In closing let me reassure you, Senator mated that such an NMD would cost $31–$60 that this administration apparently Nunn, that I will use my office to ensure a billion through 2010. These amounts do not dismisses the strategic importance of timely national missile defense deployment even include the costs of operating and sup- Alaska, the other noncontiguous State, decision is made when warranted. I have dis- porting such a system. Such unnecessary Hawaii, and U.S. territories. Have cussed the above position with the Joint NMD spending—within the defense budget Chiefs and the appropriate CINCs, and all are levels proposed by the Administration President Clinton and his advisers for- in agreement. through 2002—would jeopardize moderniza- gotten which State Japan chose to Sincerely, tion efforts for other, more pressing defense strike first, and what event drove us JOHN M. SHALIKASHVILI. missions. Moreover, the budget resolutions into World War II? June 4, 1996 CONGRESSIONAL RECORD — SENATE S5733 President Clinton has said, ‘‘The pos- to stabilize the situation. During the very own citizens. These same coun- sibility of a long-range missile attack crisis, a high level Chinese diplomat tries have also stated very publicly on American soil by a rogue state is stated in a thinly veiled threat of nu- their desire to purchase weapons tech- more than a decade away.’’ This state- clear missile blackmail that the United nology that would allow them to reach ment ignores testimony in 1994 by John States would not come to the aid of the United States. Libya’s Mu’ammar Deutch, then Deputy Secretary of De- Taiwan because it was more worried Qadhafi has often spoken of his desire fense, ‘‘If North Koreans field the about Los Angeles than Taipei. to ‘‘have missiles that can reach New Taepo Dong 2 missile, Guam, Alaska And although we are not debating York’’ to serve as a deterrent to United and parts of Hawaii would potentially this particular aspect of missile de- States diplomatic action. be at risk.’’ Does the President really fense right now, I believe Majority Most Americans will remember mean that Alaska is not American Leader BOB DOLE was exactly right in watching Iraqi Scud missiles rain down soil? his recent speech on Asia when he on Israel and Saudi Arabia during the As President Clinton’s first Director called on President Clinton to begin to gulf war. In fact, the greatest single of the CIA, James Woolsey, stated, work with Japan, South Korea, and our loss of American life in the gulf war oc- [T]he contiguous 48’ frame of reference for other Asian allies in developing, test- curred during a Scud missile attack. this NIE (National Intelligence Estimate), if ing, and deploying ballistic missile de- The situation is so dire that the Sec- the document is used as a basis for drawing fenses—a Pacific democracy defense retary of Defense, William Perry, re- general policy conclusions, can lead to badly cently issued a report declaring that distorted and minimized perception of the program. I believe this concept should be extended to Taiwan, which we know the proliferation of missile technology serious threats we face from ballistic mis- ‘‘presents a grave and urgent risk to siles now and in the very near future— from the recent Chinese tests of mis- threats to our friends, our allies, our over- siles just off Taiwan’s shores, is vulner- the United States and our citizens, al- seas bases and military forces, our overseas able to missile blackmail. The United lies, and troops abroad.’’ territories, and some of the 50 states. States is committed by law to provid- The need for a missile defense system Very few of those in opposition to ing for Taiwan’s defense, but thus far, is obvious. It would provide a limited this bill give much thought to the ac- we leave her defenseless to this signifi- defensive capability to defend the Unit- ed States against a limited attack by a tual nature of the threat that cur- cant threat. rently exists. As I’ve mentioned, the Mr. President, the United States is a rogue nation, accidental or unauthor- intelligence community has docu- global power with vested interests both ized launch against the United States. Lastly, I would like to address the mented that the North Koreans are de- politically and commercially all over issue of cost. This is very important veloping the capability to strike my the world. We simply cannot allow U.S. because the opponents of this bill are policy to be determined by those who State of Alaska with intercontinental making claims that have little to do would practice missile blackmail. ballistic missiles. That is not to men- with reality. The Congressional Budget It is a fact that today in 1996, with tion those nations with adequate cur- Office did indeed issue a report saying the Soviet Union and the specter of rent capability such as Russia and that a particular configuration of a communism no longer casting a shad- China or those nations racing to gain missile defense system could cost up- ow over global peace, the world is in such technology such as Iraq, Iran, and ward of $30 to 60 billion. However, if many ways even more dangerous than Libya. one were to actually read the bill, it I have heard several of my colleagues when the cold war raged. does not mandate any particular type In place of a global struggle between dismiss the threat from North Korea of system configuration. In the letter the West and expansionist communism, because that country is on the verge of accompanying the report, CBO Direc- we now have the proliferation of weap- collapse. I would remind my colleagues tor June O’Neill stated that the costs ons and missile technology that has of some historical facts. First, North for such a system ‘‘would be $10 billion the potential to make every nation Korea has a history of reckless, irra- over the next five years, or about $7 hostile to the United States and our al- tional acts. This is the country which billion more than is currently pro- lies a serious threat by virtue of simply launched the invasion of South Korea grammed for national missile defense.’’ in 1950 resulting in the deaths of 3 mil- buying what they need on the open The Washington Times in an article lion of her countrymen and more than market. Despite very detailed arms last month wrote that the difference of 33,000 American troops; a country control treaties that are in place, we $3 billion is a hedge amount used by whose agents detonated a bomb in Ran- have seen time and again, that nations the CBO against technical or schedule goon killing 16 South Korean officials; determined to get weapons technology risks that are typically associated with a country whose agents blew up a Ko- usually do. such an undertaking. The $31 to 60 bil- rean Airlines flight killing 115 pas- Let’s take a look at Iraq, the world’s lion numbers are for something far sengers and crew; and a country whose most heavily inspected country, where more grandiose than the bill envisions. military hacked American personnel to United Nation’s teams have been on I would also like to pose one question death in the DMZ. Using missile black- the ground for years, and where we are to my friends in opposition to this bill: mail may be just the type of desperate constantly surprised by new revela- What price would they place on An- act North Korea might try to get the tions of Iraqi efforts to rebuild their of- chorage? Or Los Angeles or New York United States to start talking about a fensive capabilities. or any American city? What is the separate defense treaty, something During the days of the cold war, the price we are ready to pay to protect that country has sought for years. policy of both the United States, and ourselves from some maniac who finds Third, if anything, the United States the Soviet Union was called MAD, or himself in charge of nuclear, biologi- is extending the life of the North Ko- mutually assured destruction. This pol- cal, or chemical weapons and the rean regime by providing vast sums of icy was based on mutual fear. Should means to deliver them? free oil and expensive nuclear reactor the Soviets launch an attack on the I guarantee that, God forbid, should technology under the terms of the United States, our response would have an American city ever be hit like the agreed framework. been reciprocal in nature. Essentially, Israeli cities were during the gulf war, So I would not be so quick to dismiss if you attack us, we will attack you. there would be a hue and cry across North Korea as a threat. The Defend America Act seeks to move this land asking why we do not put up An extremely important aspect of us away from such a hair trigger defen- even a limited defense capability when this bill is that it would allow the sive posture. Indeed, according to the we clearly had the know-how. United States to act in its best inter- Washington Post ‘‘both countries have To paraphrase Oscar Wilde, the oppo- ests abroad without the fear of having more to fear from rogue nations than nents of this bill seem to know the U.S. cities held hostage by hostile na- each other.’’ price of everything and the value of tions possessing intercontinental mis- Many of those wanting to acquire nothing. This bill will give the United siles. For instance, during the recent ballistic missiles today, not only lack States a limited capability to defend series of Chinese missile tests off the the stability of our old nemesis, but itself at a modest cost in an increas- coast of Taiwan, President Clinton have actually used weapons of mass de- ingly unstable world and should be rightly sent in United States warships struction on their neighbors and their passed. S5734 CONGRESSIONAL RECORD — SENATE June 4, 1996 Thank you Mr. President, I yield the ponents of the De-Fund America Act States on the right track to defending floor. want the taxpayers to fritter away an- Americans against the threat of ballis- Mr. HARKIN. Mr. President, I rise other $100 billion on a still unrealistic tic missile attack. today to speak in opposition to S. 1635, but wimpier version of President Rea- Despite the claims of the opponents the so-called Defend America Act. I gan’s fantasy. of this bill, the threat to U.S. citizens know supporters call it the Defend The defunders also claim we have no from ballistic missiles today is real. America Act, but I’m going to call it defense against intercontinental ballis- China and Russia currently possess nu- what it is—the De-Fund America Act. tic missiles. Mr. President, it is true clear-tipped ICBM’s which could strike Why do I call it that? Because its that we do not have a way to shoot major United States cities. Press re- main effect will be to add tens of bil- down intercontinental missiles after ports indicate that China is also seek- lions of dollars, if not more, to the defi- they have been launched. But we do ing to increase its ICBM force by ac- cit over the next 15 years, without in- have a demonstrated cost-effective quiring some of Russia’s SS–18 ICBM’s. creasing the security of the United means of eliminating them. More than 25 countries have or are in States one bit. Existing arms control agreements the process of acquiring weapons of As a strong supporter of a balanced have already resulted in the destruc- mass destruction and the means to de- budget amendment to the Constitu- tion of over 300 intercontinental ballis- liver them. tion, I cannot support this bill. I do not tic missiles and over 800 ballistic mis- Yet today, America has absolutely no know how anyone can bring this fiscal sile launchers, and the removal of over means of protecting our citizens from a black hole to the floor, and with a 3,800 nuclear warheads from deploy- ballistic missile strike. Even after a straight face bring up consideration of ment. Furthermore, these agreements high-ranking Chinese official voiced a the balanced budget amendment in the have persuaded Kazakhstan, Ukraine, veiled threat of nuclear attack on Los same week. Something is wrong with and Belarus to give up nuclear weapons Angeles, no one seriously believes that picture. altogether. In fact, just yesterday China, or any other nation, today in- As an editorial in the Des Moines President Clinton announced that the tends to launch such an attack. But Register said on May 6, 1996, ‘‘[b]ackers last nuclear warhead was removed from the fact remains that we cannot defend [of this version of National Missile De- the Ukraine. our population from the devastating ef- fense] find it most profitable to start The De-Fund America Act is like a fects of an accidental launch of a single with a few billion, and when it’s gone, million-dollar mansion consisting of a ballistic missile from China or Russia. point to the past expenditures as jus- leaky roof but no walls. It may provide If we do not act now, we will have no tification for future shovelings down very expensive protection from sky- capability to protect the citizens of the same rathole.’’ diving intruders, but it leaves the occu- Alaska and Hawaii if North Korea were The same editorial says that De- pants unprotected from the more mun- to launch its newest missile, the Fund America Act booster, Representa- dane threats. Mr. President, Americans Taepo-Dong II, which may be oper- tive CURT WELDON, told industrial sup- know all too well that weapons of mass ational in 3 to 5 years. And we are not porters, ‘‘[i]f you keep relying on the destruction are more likely to arrive taking effective action to defend facts and logic, then we’re going to lose by rented truck than ICBM. Wasting against the proliferation of missiles this battle.’’ I couldn’t agree more. $60 to $100 billion on this not-even-star- and technology to rogue nations who I ask unanimous consent that the wars program is fiscally irresponsible. are actively seeking to acquire them, editorial be printed in the RECORD at I urge my colleagues to oppose S. including Iran, Iraq, Syria, and Libya. the conclusion of my remarks. 1635, the De-Fund America Act. Mr. President, ballistic missiles are The PRESIDING OFFICER. Without EXHIBIT 1 the only offensive weapons in the world objection, it is so ordered. [From the Des Moines Register, May 6, 1996] against which our country has delib- Mr. HARKIN. According to the CBO, ‘‘DEFRAUD AMERICA WEEK’’ erately chosen not to defend itself. the ballistic missile shield mandated Somebody forgot to tell Congress that the Why do we have no defense against the by the De-Fund America Act will cost Cold War ended. most devastating offensive weapon in between $30 and $60 billion just to de- Somebody also forgot to tell Congress that the world today? velop and deploy. Ironically, the very even if Russia were still a superpower with There are several good reasons for de- same people who insisted that Presi- the demonic intention of destroying the ploying defenses against ballistic mis- dent Clinton rely on the CBO in the United States, a ‘‘Star Wars’’ system would siles. The potential for an accidental budget negotiations are the ones now offer little if any defense. ballistic missile strike on the con- Somebody forgot to tell Congress that the claiming that the CBO can’t be trusted nation is trying to face up to its deficit prob- tinental United States exists today, on the De-Fund America Act. lems, trying to economize by dumping waste- and future threats are emerging. Pro- The defunders think the CBO num- ful, illogical, unworkable projects. viding a credible defense against mis- bers are too high. I should state here But congressional Republicans are sailing sile attacks would serve as an addi- that I don’t necessarily trust the CBO blithely onward, their vision apparently tional deterrent against their inten- numbers either—I think the numbers clouded by the same hypnotic hype that put tional use. In addition, defenses would are way too low. Star Wars on the drawing boards 12 years help stem proliferation by making bal- For one thing, the CBO has not yet and 29 billion wasted dollars ago. They have launched an effort to deploy a listic missiles less attractive to poten- come out with specific numbers on how national missile defense system by 2003. A tial adversaries. much this technology will cost to oper- spending bill comes up for consideration Senator DOLE recently called on ate, but it has told my staff that the next week. President Clinton to apply to East Asia operational cost will be an additional Total cost is unknown. Backers find it what the President recently discovered ‘‘hundred of millions dollars a year most profitable to start with a few billion, about Israel: missile defense is essen- during the early stages.’’ I suspect the and when it’s gone, point to past expendi- tial to our allies’ security. Senator tures as justification for future shovelings total figure will exceed $100 billion DOLE urged the formation of a new Pa- down the same rat hole. once all of the costs are calculated. Whose missiles will it defend us against? cific democracy defense program with Mr. President, we’ve already spent Questions like that are out of order. Accord- Japan, South Korea, and our other about $100 billion in 1996 dollars to ing to a publication of the Union of Con- Asian allies to develop, test, and de- build a technological defense against cerned Scientists, Pennsylvania Congress- ploy ballistic missile defenses. With ballistic missiles. During the Reagan man Curt Weldon, organizer of the Congres- American leadership and know-how, we star wars years alone, the United sional Missile Defense Caucus, told indus- can create an allied missile defense States taxpayers forked over $38 bil- trial supporters last year, ‘‘If you keep rely- network that provides protection for lion. Proponents of this act are quick ing on the facts and logic, then we’re going to lose this battle.’’ people and territory from the Aleu- to point out that it is not star wars. The Star Wars pushers are calling next tians to Australia. The Defend America And I agree. It is not even star wars. week ‘‘Defend America Week.’’ A wag sug- Act would provide the same protection Like most sequels, this one is not as gests ‘‘Defraud America Week.’’ for Americans at home. good as the original, and the price of Mr. MCCAIN. Mr. President, the De- Mr. President, the Clinton adminis- admission has increased. The pro- fend America Act would put the United tration has tried to downplay the June 4, 1996 CONGRESSIONAL RECORD — SENATE S5735 threats from ballistic missiles and the of America from the devastation of a the cost of an effective national missile advantages of defenses by issuing intel- ballistic missile strike is clearly af- defense system. ligence estimates that conclude that fordable. The greatest misconception held by a no new missile threats will exist for 10 The Pentagon has also proposed some majority of the American people is to 15 years. This is simply wishful very cost-effective initial missile de- that the United States can defend itself thinking that ignores current reality. fense systems. The Air Force has pro- against ballistic missile attack. Most President Clinton has stymied every posed a 20-interceptor system that Americans think that if a ballistic mis- effort of the Republican-led Congress would cost about $2.25 billion and could sile is fired at the United States, we to build a missile defense system for be deployed in just 4 years. The Army can shoot it down. The truth is, we our Nation. He vetoed last year’s de- has a more extensive 100-interceptor cannot. We have no defense—I repeat— fense authorization bill which included system that would cost about $5 bil- no defense against ballistic missiles. a provision that would have focused lion. Last year, the Clinton adminis- As we enter the 21st century, there is the Defense Department’s missile de- tration’s Secretary of Defense said it no greater threat to our Nation, than fense program on building a limited de- could be done for about $5 billion. that posed by the proliferation of weap- fensive capability for the United States The Defend America Act does state ons of mass destruction and the means as rapidly as possible. President Clin- that, as threats emerge in the future, to deliver them. The list of countries ton has also refused to consider mean- the United States should have a more acquiring chemical, biological, and nu- ingful changes to the ABM Treaty of capable, layered missile defense sys- clear weapons, and ballistic missile 1972 which would permit the deploy- tem. CBO estimated the cost of a ro- technology numbers around 25 at ment of effective missile defenses for bust layered system at $31 to $60 bil- present—and is steadily growing. Presi- America. lion. That estimate assumes we would dent Clinton’s former CIA Director, Now, the Senate Democrats refuse to decide to deploy space-based intercep- Jim Woolsey, testified at length to the allow a full debate on Senator DOLE’s tors, space-based lasers, and just about Congress on the nature of the prolifera- bill, the Defend America Act, which every other possible technology. But tion threat and was critical of recent would put the United States on a rapid nothing in the bill requires those tech- intelligence estimates which were nar- track toward deploying a system to de- nologies to be included in a missile de- rowly focused and based on question- fend the American people against lim- fense system, unless the threat clearly able assumptions. You would not know ited, accidental, or unauthorized ballis- justifies their deployment. from some of today’s remarks by oppo- tic missile attacks. The American peo- Mr. President, the Clinton adminis- nents of the Defend America Act that ple should hear a full debate on this tration’s false confidence that America the cold war is over. The Soviet Union matter. is safe from missile attack jeopardizes no longer exists. Yet, the Clinton ad- As a fiscal conservative, I believe we the safety of all Americans. The Re- ministration, some on the other side of must balance the clear need for missile publican Congress, led by Senator the aisle—and even some members of defenses with our ongoing efforts to DOLE, is prepared to provide for Ameri- the press—are acting as if we are still balance the Federal budget. We must ca’s common defense, a duty set forth in the 1970’s and 1980’s. They speak of focus on deploying an effective missile in the Constitution. It is time we de- star wars, space shields, mutual as- defense system that is affordable with- ployed a system that will defend Amer- sured destruction. But, the world has in the constraints of a limited defense icans at home. changed. We must look to the future, budget and which is balanced against Mr. DOLE. Mr. President, it is unfor- not the past. other high-priority defense programs. tunate that we need to vote on a mo- I would like to quote from one of the But we must remember that being a tion to proceed to legislation dealing key Clinton administration arms con- day late and a dollar short in address- with an issue so critical to America’s trol experts, Mr. Bob Bell. He is quoted ing the ballistic missile threat to this future as national missile defense. In in today’s Washington Post defending Nation could cost far more than his speech to the Coast Guard Acad- changes being made to the Conven- money. emy, the President stated that he sup- tional Forces in Europe [CFE] Treaty, Mr. President, the fact is that an ef- ports missile defense. Yet, today I ex- saying ‘‘* * * were we going to take fective defense against a limited mis- pect that a majority of the other side account of this change in the stra- sile attack is both feasible and afford- of the aisle—at the Clinton administra- tegic situation over the last five able. Opponents of any type of national tion’s request—will vote against the years * * *?’’ missile defense have purposely mis- motion to proceed to the Defend Amer- That is what we are talking about construed a recent Congressional Budg- ica Act. The fact is that the President here—taking account of the change in et Office cost estimate of the Defend speaks of his support for national mis- the strategic situation. This bill recog- America Act. They have chosen the sile defense, but acts in opposition to nizes that the threat our country faces highest figure contained in the CBO re- it. Last year the President vetoed the has changed and it seeks to respond to port and are claiming that it is the Defense authorization bill specifically it in a measured and responsible fash- cost of the missile defense system sup- citing the provision making it U.S. pol- ion. ported by Senator DOLE and Repub- icy to deploy a national missile defense The Defend America Act does not re- licans in Congress. That is patently system by 2003. Many of my colleagues quire abrogation of the ABM Treaty. It false. on the other side of the aisle also pro- urges the President to negotiate with Senator DOLE’s Defend America bill fess their support of missile defense but the Russians on changes to the ABM says that the United States should are quick to add that they cannot sup- Treaty—just as the administration has have a highly effective system to de- port this bill. It is hard to understand been doing with other arms control fend against limited ballistic missile their reasons. They cite technological treaties only at the Russians’ request. strikes. The bill does not specify all of questions, mention costs, but ignore Which makes me wonder if the Rus- the components of such a system; it the fact that this bill puts the very de- sians asked for changes to the ABM leaves that to the experts at the Penta- cision of what system is chosen in the Treaty would the Clinton administra- gon. hands of President Clinton’s own Sec- tion have a different position? The CBO estimated that the missile retary of Defense. That leads me to one As for our ability to defend Amer- defense system required in the Defend conclusion: The Clinton administration ica—there should be no doubt that we America Act would cost less than $14 and its allies seek to avoid debate on have the technological capability to ef- billion over the next 13 years—or about defending America. This is unfortunate fectively defend our citizens from the a billion dollars a year. That is less and irresponsible. I believe that an growing threat of ballistic missiles. than one-half of 1 percent of the annual open debate and discussion on this na- What is needed is the will and leader- defense budget, now about $267 billion. tional security issue is vitally impor- ship to deploy an effective national Compared to the cost of the Seawolf tant because there are many mis- missile defense system by 2003. A na- submarine, $2.5 billion per submarine, conceptions—about the threat our Na- tional missile defense system cannot or the B–2 bomber, over $1 billion per tion faces, about the present state of be built overnight. The development aircraft, $1 billion a year to defend all our missile defense programs, about and production of new tanks, new S5736 CONGRESSIONAL RECORD — SENATE June 4, 1996 fighter planes takes years. And, when siles and to proliferate strategic mis- It is worth noting here that the cur- these new weapons systems, for exam- sile defense systems to other countries. rent U.S. funding levels and priorities ple the Stealth fighter, are finally de- The demise of the ABM Treaty would for missile defense have been solidly ployed they are not obsolete. release Russia from those restrictions. and consistently supported by both the Finally, on the matter of cost. The The treaty has worked to help preserve military and intelligence communities. CBO estimates are so wide ranging that and stabilize nuclear deterrence, which THE THREAT they are almost irrelevant as a guide remains a vital element in maintaining Thanks to the leadership of this ad- to decisionmakers. We need to look at our national security even in a post- ministration, we are focusing our mis- our defense needs and affordability. cold-war world. sile defense expenditures on real And an effective national missile de- I do not believe that the treaty has threats, that is to say, theater missile fense system can be deployed unduly restricted U.S. missile defense threats, rather than nonexistent ICBM affordably. One can add any number of options. We have already spent a for- threats from so-called rogue nations unnecessary requirements to a number tune on missile defense and have little that our entire national security estab- of weapons system thereby making to show for it. A recent study by the lishment continues to define as long- them unaffordable. This is no different Brookings Institution has concluded term in nature. This threat definition than building a house. A family of four that America has already spent some has the support of the Secretary of De- probably needs a three bedroom home— $99 billion dollars on missile defense fense, the Director of Central Intel- not a 10-bedroom mansion. This does since 1962. and contrary to the blanket ligence, the Chairman of the Joint not mean that a 10-bedroom house can- claim by some of the proponents of the Chiefs of Staff, and other top U.S. na- not be built—if one has the money. pending legislation, our Government is tional security officials throughout the Mr. President, let us get past the dis- aggressively working to improve U.S. Government. Incidentally, it also has tortions and the hollow rhetoric and defenses against theater missile at- the overwhelming support of editorial move toward a serious debate on de- tacks. Indeed, it is the present admin- opinion from newspapers from across fending America. I would like to quote istration that is spearheading our na- the country. from a great western leader, former tional effort to place theater missile The Defend America Act, however, Prime Minister Margaret Thatcher: defense at the forefront of our missile operates from a fundamentally dif- defense priorities. Because the ABM With the collapse of the Soviet Union there ferent set of assumptions. It assumes was also a dispersal of weapons of mass de- Treaty does not prohibit the United the present existence of a grave missile struction and of the technologies to produce States from investing in theater mis- threat to America’s homeland and it them. This has gone much further than we sile defenses, the treaty is an inappro- presumes that the best way to address envisaged; and it now constitutes quite sim- priate target of the repeated Repub- missile threats is via expensive tax- ply the most dangerous threat of our times. lican attacks we have been seeing in payer-funded missile defense projects. Yet there is still a conspiracy of silence recent years. Nobody disputes that missile pro- among Western governments and analysts The ABM Treaty is not unchange- liferation is a danger that America about it. able. It has specific provisions for con- must take seriously in the years ahead, Mr. President, let us end the conspir- sultations leading to amendments of and indeed, it is a deep awareness of acy of silence. The American people de- the treaty. These provisions do not in- this threat that has driven a wide serve better. The most basic respon- clude, however, the freedom for one range of U.S. efforts aimed at the non- sibility our Government has to its citi- side to pass legislation unilaterally re- proliferation of ballistic missiles. Our zens is to protect them from harm. To interpreting key provisions of the trea- approach is not driven narrowly by the ignore the changing world and cling to ty. The current bill, however, acceler- dream of a technical fix—which will al- past thinking is inexcusable. ates the deployment of antiballistic ways remain out of reach—but a com- Mr. GLENN. Mr. President, I rise missile systems that have capabilities bination of technological, political, today to present some brief remarks against strategic ballistic missiles. It and diplomatic efforts not just to de- about the latest Republican missile de- also specifically includes air-based, fend ourselves against imminent at- fense proposal, the Defend America space-based, and all ground-based tacks, but more importantly, to pre- Act. Though I have spoken at some interceptors as elements of the na- vent the acquisition of destabilization length on missile defense issues and tional missile defense architecture, de- missile systems in the first place, to the Anti-Ballistic Missile [ABM] Trea- spite the requirement in the ABM retard or reverse the growth of existing ty—see CONGRESSIONAL RECORD, Sep- Treaty that such systems shall not be missile systems, and to eliminate out- tember 6, 1995, p. S–12659–12667, and Au- developed, tested, or deployed. I believe right missile systems via multilateral gust 3, 1995, p. 11253–11255—I want to that America’s interests are best pre- negotiations. take this opportunity to explain how it served by sticking to the consultative With respect to dealing with the mis- is not only possible for a patriotic U.S. procedures provided in the ABM Treaty sile proliferation threat, let me put it Senator to vote against a bill bearing and for adapting the treaty to chang- this way: the best Defend America Act such a proud title, but to do so without ing conditions only via this process of is one that would strengthen export hesitation. mutual agreement. controls, strengthen sanctions, In good conscience, I just do not be- COST strengthen multilateral regimes, lieve that the national security inter- Enough has been said and written strengthen transparency of missile ests of the United States would be ad- about the sky-rocketing costs of mis- projects around the world, eliminate vanced by this legislation and would sile defense. I will not add much to this destabilizing missile systems, and im- like now to outline my reasons why I discussion other than to echo the con- prove U.S. capabilities to collect and have come to this conclusion. cerns that people across the Nation to analyze data about missile prolifera- THE ABM TREATY have been expressing about the stag- tion. Yet there is absolutely nothing in First, I believe the ABM Treaty is gering $99 billion that the Brookings this bill that addresses this integrated, worth preserving. This bill sets a Institution has estimated that the global approach to the problem. In- course that will lead inevitably to a United States has already spent since stead, the present bill proposes to force U.S. departure from that treaty. this is 1962 on missile defense systems. This, the President to throw vast sums of reason enough to oppose this bill. coupled with the Congressional Budget money to deploy technical fixes that The ABM Treaty has advanced U.S. Office’s recent estimate that the De- are neither fixes nor based on proven security interests and it has done so fend America Act will cost the U.S. technology. without unilaterally restricting Ameri- taxpayer as much as another $60 bil- Small wonder that proponents of the ca’s ability to defend itself, as some of lion—and this does not include oper- proposed legislation are finding them- the treaty’s critics have suggested. ation costs—leads to a form of ‘‘sticker selves defending the Defend America Critics forget that the treaty is bilat- shock’’ that comes close to rivaling Act rather than elaborating a new road eral and has substantially restricted GAO’s estimated $250 billion that will map for addressing the missile threat Russia’s freedom both to deploy its be needed to clean up our nuclear in a more comprehensive manner. A own defenses against or strategic mis- weapons complex. legislatively mandated deployment of a June 4, 1996 CONGRESSIONAL RECORD — SENATE S5737 national missile defense system by the powder dry in the event future threats Mr. DASCHLE. Mr. President, just 2 year 2003 would actually increase the arise. We must redouble our diplomatic weeks ago, the Congressional Budget threat to the United States—it would efforts to ensure that those threats do Office issued a $60 billion cost estimate jeopardize the capabilities of our nu- not arise. The current bill would not for the Defend America Act—an ill-ad- clear deterrent force, it would be ac- only aggravate the foreign missile vised Republican effort to resurrect the companied by an expansion of the of- threat, for the reasons I have discussed discredited star wars missile defense fensive nuclear arsenals of both Russia earlier, but would compel the President system. Several days later, House Re- and the United States, it would prob- to deploy expensive and unproven mis- publicans responded to this bloated ably mean the end of the START proc- sile defense systems. price tag by doing the right thing. ess of strategic arms reductions, it CONCLUSION They pulled the bill from floor consid- would eliminate all hopes of getting For all the reasons above, I cannot eration, and a bad idea might have fall- nuclear arsenals, and it could well support this legislation. Yet the debate en by the wayside had not the majority jeopardize the Nuclear Non-Prolifera- today and various foreign and defense leader picked up what his House col- tion Treaty, as more and more coun- policy debates in recent months has re- leagues rejected as imprudent and tries come to realize that the nuclear vealed not only some severe short- scheduled a Senate vote on it for weapon states are not serious about comings in this legislation. The debate today. implementing their arms control disar- also reveals the apparent inability of One can only speculate about the mo- mament responsibilities under the the Republican Party to come up with tivation behind this vote. But whether treaty. To this extent, the Defend a comprehensive, integrated plan of ac- it is election-year politics or simply America Act resembles more accu- tion to guide America’s military and misplaced priorities, the Senate’s rately an Attack America Act. diplomatic priorities over the course of course should be clear. The Defend America has many options available the last Presidential term of this mil- America Act threatens our national se- to address the missile threat aside lennium. curity and undermines essential efforts from the nostrums offered by star Where does the Republican Party to balance the federal budget. The Sen- wars. Diplomatically, we are working stand on nonproliferation? What does ate should vote it down. to reduce and to reverse the prolifera- it have to offer to strengthen export The grossly misnamed Defend Amer- tion of all weapons of mass destruc- controls? ica Act would be more appropriately tion. Militarily, we are investing in the What is it doing to toughen U.S. entitled the Jeopardize America Act. finest conventional military capabili- sanctions and ensure their implemen- The bill would direct the Department ties that exist anywhere on Earth, and tation? Where are the Republican votes of Defense to deploy by 2003 a national they are backed up by the finest global when we need them when it comes to missile defense system that allegedly intelligence capabilities on Earth. Why strengthening sanctions and export would defend the United States against must we continually denigrate or short controls? limited, unauthorized, or accidental change these capabilities in congres- What is it proposing to address pro- ballistic missile attacks. That system, sional debates on missile defense? Ad- liferation threats arising from outside according to its promoters, could be vocates of the pending legislation ap- the narrow domain of Russia and the ‘‘augmented over time to provide a lay- pear sometimes to believe that Amer- rogue regimes, a field of vision which ered defense against larger and more ica just has no option to address mis- features a blind eye as its prominent sophisticated threats as they emerge.’’ sile threats other than buying missile characteristic? Sound familiar? defense hardware. I believe we should What is it offering to strengthen The bill has a certain tinny ring be voting here today to expand our ef- international organizations and re- about it. Look closely and you will see fort on the diplomatic front to address gimes to prevent proliferation or to in- that the Defend America Act is really these threats, while maintaining our crease its costs? the fifth variant of Ronald Reagan’s conventional military and intelligence While the administration proceeds failed star wars experiment. To imple- capabilities, but there is nothing in with diplomatic efforts to curb North ment this proposal, the act calls for this bill that would justify such a vote. Korea’s nuclear and missile programs, changing or withdrawing from the TECHNOLOGY what besides SDI do the Republicans ABM Treaty in order to permit the de- It is an extremely difficult and often have to offer that stands a better ployment of a combination of ground-, underestimated challenge to use a mis- chance of addressing these threats? sea-, and space-based components—a sile to shoot down another missile. As What does it propose to do about the clear revival of the star wars program I have mentioned earlier, the $99 bil- ongoing arms race in South Asia in- that disappeared with the end of the lion our country has already spent on volving nuclear weapons and missiles, cold war. missile defense has not yet produced and how will its SDI schemes protect All of this is particularly disturbing any comprehensive or reliable defense our allies, including Israel, against when you consider that enactment of against incoming strategic missiles. It threats from weapons of mass destruc- this legislation is both harmful to is far easier to prevent missile attacks tion that are not delivered by missiles? United States-Russian relations and, by eliminating missiles, preventing What does it offer to address the according to our own military and in- their proliferation, and developing grave threats posed from expanding telligence experts, unnecessary to com- multilateral sanctions and export con- international commercial uses of plu- bat the threats we are likely to face in trols, than it is to develop and deploy tonium, one of the deadliest elements the next decade or more. a magic missile shield that would span on Earth? The Russians have been very clear in our vast country. The answer, unfortunately, is abso- their views on unilateral tampering Even the theater missile systems— lutely nothing. I stand ready to work with the ABM Treaty to facilitate the including THAAD, Navy Lower Tier, closely with my fellow colleagues on deployment of a national missile de- Navy Theater-Wide, and MEADS—that the other side of the aisle to join in fense system. In a May 1 letter to Con- are called for in this legislation require forging effective responses to these gress, General John Shalikashvili, the substantial additional research and threats. I know such cooperation is Chairman of the Joint Chiefs of Staff, testing before any responsible deploy- possible; indeed, none of the non- said: ment would be possible. PAC–III is the proliferation legislation that I have au- Efforts which suggest changes to or with- only one of the many systems identi- thored over the years would have been drawal from the ABM Treaty may jeopardize Russian ratification of START II and . . . fied for deployment in this bill that possible without it. But I hardly be- could prompt Russia to withdraw from will be ready for deployment anytime lieve that there is anything in the De- START I. I am concerned that failure of ei- soon. fend America Act [DAA] that offers ther START initiative will result in Russian The administration has its priorities any basis whatsoever for forging a bi- retention of hundreds or even thousands straight and I believe these priorities partisan consensus. more nuclear weapons thereby increasing are in line with what most Americans Because of this, Mr. President, I be- both costs and risks we may face. would regard as prudent—we must ad- lieve that history will relabel the DAA Compounding the arms control con- dress current threats first and keep our as DOA. cerns is the timing. The Senate vote on S5738 CONGRESSIONAL RECORD — SENATE June 4, 1996 Defend America is scheduled just 2 Second, it’s superior technologically. to the Russians that cooperation to weeks before the Russian elections so The President’s policy would allow us achieve nuclear arms reductions is not crucial to that country’s continued to develop more capable and cost-effec- a United States priority. The passage peaceful transition to democracy. We tive defense systems that can meet the of this bill would put other nations on have to be concerned that the Defend exact nature of the threat as it notice that we do not take our treaty America Act hands the Communists a emerges. obligations seriously. pre-election gift with its distinctly Third, it’s superior diplomatically. Members of the Russian Parliament unpropitious echo of cold war antag- The President’s approach would give us have stated that they will oppose rati- onisms. time and latitude to negotiate amend- fication of START II if the United What is worse, our military and in- ments to the ABM Treaty with the States takes steps to develop or deploy telligence experts say such risktaking Russians that allow us to continue on ballistic missile defenses in violation is not warranted. According to public the path of reducing Moscow’s nuclear of the ABM Treaty. By endangering the accounts of the National Intelligence arsenal. It would not rush us headlong prospects for START II ratification by Estimate, a classified consensus report into an international arms control cri- Russia, the Missile Defense Act will en- by all of our intelligence agencies, ‘‘no sis. sure that we will face many thousands country other than the major declared Even the Republican revolutionaries more Russian nuclear weapons in the nuclear powers will develop or other- in the House had the wisdom to see near future than if arms reductions are wise acquire a ballistic missile in the that this bill would commit our Nation implemented. Discarding the ABM next 15 years that could threaten the to an unwise, unaffordable, and dan- Treaty would reverse the logic of deter- contiguous 48 states and Canada.’’ gerous policy. They scrapped it because rence and arms control that Repub- The irony of a defense system that the Defend America Act is indefensible. lican and Democratic Presidents have actually threatens our security is only f pursued for the last four decades. part of the story. Immediately after Further, the current threat does not the first vote on the Defend America THE DEFEND AMERICA ACT justify the multi-billion dollar expendi- Act, the Senate is scheduled to vote on Mr. KENNEDY. Mr. President, today, tures required to field a national mis- the balanced budget amendment to the the Senate is revisiting the star wars sile defense by 2003. The Congressional Constitution. That strikes many Sen- system of the 1980’s, renamed for the Budget Office estimates that the total ators on both sides of the aisle as an 1990’s as the Defend America Act. It acquisition cost of this program will odd sequence of events. One moment was a bad idea then and it is a bad idea range from $31 to $60 billion, and cost we are voting on a constitutional today. billions more to operate. At a time amendment to balance the budget; the The suggestion in the title Defend when we are trying to balance the next we are raising the deficit by tens America Act is that to defend America budget and meet essential needs, it is of billions of dollars. requires nothing more than deploying a impossible to justify this massive new Since the mid-1980’s, Congress has national missile defense. In reality, defense expenditure. spent nearly $40 billion on ballistic this legislation would pour exorbitant Although this bill purports to defend missile defense, and all we have to sums into building a missile defense America, it fails to address the most show for it are canceled checks from system that would make our Nation pressing threats to American security. defense contractors. The Congressional more vulnerable to missile attack, The World Trade Center and Oklahoma Budget Office estimate of an additional while at the same time ignoring the City bombings remind us that terrorist $60 billion for this latest version of a more likely threats to our territory use of nuclear, chemical and biological highly complex, interwoven system is and citizens. The Defend America Act weapons on American soil remains a charitable. It covers only the costs to misses the point, and at no small cost far greater threat than a ballistic mis- acquire the system. It fails to include to the American taxpayer. sile attack by a foreign nation. Loose either the costs to operate this system The bill requires the Defense Depart- controls on nuclear material from the or cost overruns. And, if history is any ment to deploy a national missile de- former Soviet Union raise the threat of guide, cost overruns alone for a system fense by 2003. This approach has several nuclear proliferation by hostile nations of this complexity could easily double flaws. First, the threat from limited or groups. The policies—and expendi- the estimate. missile attacks against the United Who will pay this tab? tures—contained in this bill in no way Of course, in the long run it will be States is remote. Throughout the cold address these vital threats. the American taxpayers. In the short war, when the superpowers were an- In contrast, the Clinton administra- run, however, either the deficit will be tagonists and had far larger nuclear ar- tion’s defense policy addresses these increased, spending will be slashed on senals than they field today, we chose varied threats. First, it takes specific important domestic priorities such as not to deploy missile defenses because steps to increase nuclear safety. In education and the environment, or the the cost did not justify the protection April in Moscow, the G–7, Russia, and Defense Department will have to juggle they could provide. Ukraine met at a nuclear safety sum- its own accounts. To accommodate Why should we decide to deploy mis- mit to discuss means of increasing con- such a huge expense, more conven- sile defenses now, when the cold war is trols over nuclear materials and de- tional defense priorities such as readi- over, when we have far more coopera- fending against nuclear smugglers. The ness, procurement and force structure tive relations with Russia, and when Cooperative Threat Reduction Pro- may suffer. they have a much smaller superpower gram, sponsored in Congress by Sen- There is a better, less expensive and arsenal? The Secretary of Defense and ators NUNN and LUGAR, achieved to the more effective way to do the same job. the Joint Chiefs of Staff state that now removal of thousands of nuclear war- The President’s national missile de- is not the time to deploy a national heads from former Soviet arsenals and fense policy also meets any threat by missile defense. But the Republicans the destruction of hundreds of missile 2003 but in a much wiser and far more reject that advice and want to build launchers, and has safeguarded vulner- fiscally responsible manner. It beats this wasteful system. able stockpiles of nuclear materials. the Republican plan hands down on The second flaw in this bill is that The Clinton administration also ad- three counts. deploying a missile defense system now dresses ballistic missile threats, but in First, it’s superior common sense. will put U.S. policy on a collision a more sensible fashion. The Defense The President believes that, as Senator course with the Anti-Ballistic Missile Department supports theater missile SAM NUNN notes, we should ‘‘fly before Treaty. The bill promotes the use of defense programs to defend our forces we buy.’’ At a minimum, we should ABM components prohibited by this in the field. To deal with the possibil- look before we buy. Under the Presi- important treaty. Moreover, the bill ity of a future ballistic missile threats dent’s plan, we would continue to de- recommends formal withdrawal from to U.S. territory, the Pentagon sup- velop the technologies for a national the treaty if the Russians fail to agree ports an affordable level of spending on missile defense system, then assess the within a year to re-write the treaty to anti-missile defenses. This program, situation, and deploy it only if it is permit a national missile defense. Pro- called 3+3, will ensure that 3 years needed. visions like these send a strong signal from now, we will be able to decide June 4, 1996 CONGRESSIONAL RECORD — SENATE S5739 whether to deploy a missile defense that the Russians are going to violate breach of the ABM Treaty as contained system that could be in place in 3 the START I Treaty if we develop a in the Dole-Gingrich bill, and the Rus- years. Our senior military leadership ballistic missile defense system—which sians—it will be necessary to continue agrees that this is the most sensible is totally legal—then how valuable is it to draw down their missile and nuclear way to protect against unforeseen mis- for the Russians to sign onto a START weapons category as contained and re- sile threats. II Treaty, which would bring their war- quired in START I, and as will be re- The Defend America Act would spend heads down even more? quired in START II, if ratified—that money we don’t have to defend against This is not a matter of either/or. I there is this connection in the Dole- threats that don’t exist. We need a agree with my friends on this side who Gingrich bill, and anyone virtually strong defense, but we must prepare to say it is desirable to bring those num- reading this bill and who is familiar meet real threats. Failure to do so will bers of warheads down, to chop up the with the ABM Treaty would consider end up wasting billions of taxpayer dol- bombers, and to close the missile sites. this to be tantamount to notice that lars. I urge my colleagues to oppose That is a good thing. And it comes side the ABM Treaty is going to be this bill. by side with defending America. We breached. Mr. NUNN. Mr. President, I believe still have a defense budget. We are still In section 4(a)(1), little (b) under sec- Senator CONRAD from North Dakota defending ourselves. Ballistic missile tion 4, very clearly the system to be wanted to speak. We had set aside cer- defense is one of those areas of defense developed for deployment shall include tain time for him. The debate was that we have been providing for. One of the following elements: No. 1, an inter- originally scheduled to conclude at my colleagues said we have already ceptor system that optimizes defensive 12:30. I wanted to serve notice that spent a lot of money in that area. It is coverage of the continental United Senators on our side of the aisle or on true. All we are saying is let us spend States, and so forth, and includes one this side of the question that would just a little bit more money and pro- or a combination of the following: (a) like to speak, they need to come over vide an actual system that will defend ground-based interceptors; (b) sea- momentarily so that we can get back America. It does not violate any trea- based interceptors; (c) space-based ki- to the original time schedule, which is ties, and there is no reason for the Rus- netic energy interceptors; (d) space- 12:30. I reserve the remainder of my sians to be concerned that, as a result based direct energy interceptors, and time and yield the floor. of this, they should begin violating so forth. Mr. KYL. Mr. President, I ask to be treaties that they have signed with the Three out of the four of those named notified when our side has 4 minutes of United States. So it seems to me that would violate directly the ABM Treaty. time remaining. Rather than waiting, I is not a good argument to make I do not think the ABM Treaty is sa- will make some remarks at this time. against this bill. cred ground. I believe there ought to be As Senator NUNN said, if others wish to The bottom line here is this is the speak, they should come to the floor modest amendments to the ABM Trea- Defend America Act. The majority ty. immediately. leader, BOB DOLE, has asked that we be Let me just respond to the key point able to vote on this, and this afternoon As I suggested in my remarks yester- that Senator LEVIN made because it is we are going to have a vote to decide day, if the Senator wants to carry out an important question. It is what the whether we are going to vote—in other the spirit of his remarks which is say- effect would be as a result of the Unit- words, a vote to invoke cloture—to ing for the Russians we are not going ed States developing and deploying a stop debate for the time being and ac- to violate the ABM Treaty and now national missile defense—what the ef- tually begin debate on the bill so we you do not violate START I, we will fect would be on the START I and can eventually bring it to a vote up or not be violating the ABM Treaty if we START II Treaties. These are the two down. Some of my colleagues would deploy a ground-based system—and we treaties that called for the United prefer not to vote on the bill. I would would not. That is correct. But if we States and Russia to reduce our nu- prefer that they vote either yes or no. deploy any of the other systems named clear inventories. Under START I, we They do not have to agree with us that in this Dole-Gingrich bill we would. would bring the number of warheads the Defend America Act is a good idea. So if he would like to vote strictly on down to, I believe, 6,000. And 6,000 war- We ought to at least be able to get a the proposition he just offered then we heads is still a lot of warheads. That is vote on the bill. The vote that is going will have a chance to do that on my why the U.S. Senate has also ratified to occur this afternoon is not a vote on substitute because that is what it does. the START II Treaty, which would the Defend America Act. It is simply a It says we will go forward with a trea- take it down below that to, I think, vote on whether we should proceed to ty, an ABM Treaty compliance system 3,500 warheads. And 3,500 warheads is consider the Defend America Act. I with 100 interceptors at Grand Forks, still a lot of warheads, but the Russian hope that our Senate colleagues would and then we will seek an amendment to Duma has not even ratified START II at least agree that we can go that far the treaty as provided in the treaty to yet. even if they do not want to end up vot- be able to go to two sites and 1,200 mis- The argument I find curious, and ing for it for the reasons articulated. siles, which would indeed be the origi- which I characterized as ‘‘startling’’ a Let me reserve the remainder of time nal ABM Treaty exactly as it was be- while ago, is that the United States on this side, and again urge Senators if fore there was an amendment in the Senate would be deterred from acting they wish to speak on the bill, they 1970’s. That would be treaty compliant. to defend America on the basis that the need to get here because the original If we did that, there would be no ques- Russians might violate the START I time was to expire at 12:30. We have ex- tion that the Russians would have no Treaty by refusing to reduce their war- tended that for 10 or 15 minutes. If Sen- right to violate START I. They would heads to the required 6,000 level under ators are not here to speak, we will have no excuse for basically not ratify- START I, if the United States should close debate on the bill before long. ing START II. But when you basically take action—which is perfectly legal— Mr. NUNN. Mr. President, how much say to the Russians what we are going which does not violate any treaty time do I have remaining? to do here is get you to draw down to whatsoever, but which provides for our The PRESIDING OFFICER. The Sen- 3,500 warheads, and then about the defense against ballistic missile at- ator from Georgia has 21 minutes and time you do that under the START II tack. I find that a very curious notion. 54 seconds. treaty we are going to deploy perhaps a But, more importantly, it does not Mr. NUNN. If there are any other sea-based system, a space-based sys- seem to be a reason for the United Senators that would like to speak, I tem, or space-based direct energy sys- States not to act. If we cannot act to would certainly invite them to come tem, what you are saying in effect is defend ourselves because we believe over at this time. we want you to comply with the that someone else will, as a con- In brief response to my friend from START I and START II, but just about sequence, violate a treaty that they Arizona, he mentioned that those of us the time you get through implement- have with us, then of what worth is who have expressed some concern ing it we are going to in all likelihood that treaty? And of what worth would about the relationship between what break out of the ABM Treaty. That is a follow-on treaty be? If people believe we perceive to be a participatory the message that is going forward here. S5740 CONGRESSIONAL RECORD — SENATE June 4, 1996 That is the message everybody under- tried for an entire year of negotiations, I think it works both ways. If they stands that has studied the ABM Trea- whereas the ABM Treaty would allow want to get out of START I, they have ty. us to withdraw within a period of only the right to do so, or if we want to get So to say we basically are fearful 6 months. out of START I. We both have those re- that the Russians are breaking their We are not breaching the ABM Trea- ciprocal clauses in both ABM and obligations and leaving out of the ty. We are not even engaged in an an- START I, and I think that would be the equation that we are serving notice we ticipatory breach—in other words, a way either side would go about devolv- are going to break ourselves, I think, is breach sometime in the future. We are ing from the position of compliance. a little bit misleading. simply saying that we are going to em- Mr. KYL. I might say to the Senator So I say to my friend from Arizona bark upon a course of action which will that while that might be the right of that, if he would like to vote on that provide for the defense of the United the Russians, you have to consider proposition staying within the ABM States, and, if in the future some provi- what is in the national interest of Rus- Treaty, or seeking an amendment sion of that would not be consistent sia and the United States. We will both within a reasonable timeframe to that with the ABM Treaty then, (a), the act in our national interests whatever treaty to permit a better system than President should try to negotiate we deem that to be. the one-site system, he will have every amendments to the treaty just as the Mr. NUNN. Exactly. opportunity to do that when we get to Nunn substitute provides; and (b), if Mr. KYL. There are a lot of argu- a vote on this because that is exactly that is not possible, then the United ments made by Russians themselves what the Nunn substitute will provide. States can give notice of withdrawal that relate to the cost of continuing to Mr. KYL. Mr. President, I would say from the treaty which the treaty itself maintain an arsenal. My guess would to the distinguished ranking member provides. be that the Russians would at least of the Armed Services Committee that It is a little bit like the argument want to draw their arsenal down to the I would love the opportunity to vote on that someone does not like to amend levels called for in START I, because it both the proposal that Senator DOLE the U.S. Constitution in some respect. is very expensive to maintain that de- has made and also the substitute that They said the Constitution should not gree of arsenal. Senator NUNN would like to make. be amended. Of course, the Constitu- There is also a counterargument That is what this cloture vote is all tion has within it an explicit provision made that they might not agree to the about. If we do not vote for cloture we for amending it. It has been amended START II Treaty that we have already are not going to have that opportunity. some 23 times now, or 24. I have lost ratified because of the high cost of Second, there is no difference in con- track. The fact is we have amended the compliance in bringing those warheads cept between the proposal of the Sen- U.S. Constitution. The ABM Treaty has down. The Senator from Georgia has ator from Georgia and our proposal. We a provision for amendment of the ABM been a leader in the United States in are not engaging in an anticipatory Treaty. Just because we want to do trying to provide assistance to the breach of the ABM Treaty with this something that might be inconsistent Russians to enable them to afford to do bill. We provide two specific mecha- with the current treaty does not mean that. It is an expensive proposition. nisms, both of which are treaty compli- that thereby we are in violation of the Mr. NUNN. Right. ant, to proceed. One of them is similar treaty, if we are able to amend the Mr. KYL. I guess what I am saying to that which the Senator from Geor- treaty or even if we give notice under here is that the Russians themselves gia proposes. In his substitute he is the treaty that we are going to with- have made two contradictory argu- suggesting that we have not one draw from it because it is in our na- ments, both of which might be true. ground-based site but two. Under the tional interest to do so. That is not a That is to say, No. 1, it is expensive to current ABM Treaty that would be in breach of the treaty. It is using the ac- maintain these arsenals; No. 2, it is ex- violation of the treaty if we went for- tual provisions of the treaty to further pensive to get rid of them. Probably ward to build that. the interests of the United States. they will do what is in their best inter- So in his legislation he provides that So, I certainly respect the judgment ests regardless of what the United we should seek an amendment to the of the Senator from Georgia that we States does. treaty to accommodate this second must be very cautious about how we Mr. NUNN. I think they certainly site. Likewise, in the Dole bill, the bill proceed. We have to take into consider- will act in what they believe is their before us today, it reads on page 9, line ation how other nations might react, national interest. I think the real key 8, ‘‘In light of the findings in section 2 and certainly Russia is important in here is whether we can enter into a pe- and the policy established in section 3 this regard. But, by the same token, we riod of time with Russia, and we have [in other words, that we should build a cannot fail to act, if something is in some hope of doing that, where we both national missile defense system] the the interests of the United States, in have similar national interests in both Congress urges the President to pursue anticipation that the Russians might defensive weapons as well as drawing high level discussions with the Russian not like it or that they might, as a down offensive weapons. So we reduce Federation to achieve an agreement to consequence of what we do that is per- the threat to them, they reduce the amend the ABM Treaty’’—to allow the fectly legal, begin to violate some trea- threat to us. We both move together in deployment of the system. We ask for ty that we believe to be in our best in- trying to develop some type systems to the same thing. terests. defend our own territory, that are cer- In other words, to the extent that we Mr. NUNN. Will the Senator yield for tainly more sophisticated than what might go beyond what the ABM Treaty one brief moment? Russia has now, and we have none at allows, the Senator from Georgia is Mr. KYL. I am happy to stop at this all. So I am very much in favor of mov- correct to say that some of the things point and yield the floor. ing down the path of cooperation with in the bill, if they were done—it is up Mr. NUNN. I do not want to make the the Russians if it is possible. If it is not to the President to decide whether argument for the Russians here, but I possible, we have to go back to the na- they would be done—but if they were think they would do the same thing we tional interest clause under the ABM done those things could be considered are talking about in the bill that you Treaty. beyond the scope of the ABM Treaty. are talking about. If they see that on As I have said many times, I do not In that event, we then ask the Presi- our side the ABM Treaty is going to think the ABM Treaty is sacred. I dent to engage in the negotiations with likely be violated, then they will serve think it was in our interests when it the Russians to amend the treaty to notice under START I that it was not was entered into, but it has to be ad- permit it. In the event that the Rus- in their national interests. To say, on justed over the period of time. It is all- sians would not agree to it, we then in- the one hand, we are complying be- important the way you go about ad- voke a second provision of the ABM cause we are going to give notice and justing it, though. I think if you talk Treaty which specifically provides that then get out, but, on the other hand, to anyone now who is familiar with the the United States can give notice of they could not do the same thing and history of the ABM Treaty, if they read withdrawal from the treaty if we deter- they are therefore violating the treaty the Dole-Gingrich bill before us, the mine it is in our interest to do so. We is also, I think, a little misleading. way it is worded, the entire tenor of June 4, 1996 CONGRESSIONAL RECORD — SENATE S5741 the bill is tantamount to serving no- Pete V. Domenici, Bill Cohen, Lauch morning business with Senators per- tice that we are going to move in our Faircloth, Ted Stevens. mitted to speak for up to 5 minutes own independent direction. f each. At some point, we may have to do CALL OF THE ROLL The PRESIDING OFFICER. Without that, but I do not think the year is objection, it is so ordered. now, and I do not think it is time now The PRESIDING OFFICER. The Mr. LOTT. Mr. President, if I could to give up on a mutual approach that mandatory quorum call has been add, for the information of all Sen- can save us billions and billions of dol- waived. ators, this is so we can have a discus- lars and also increase the security of f sion with the democratic leadership our people. I do not think that hope VOTE and get an understanding as to how we should be written off. will proceed from here on the time for The PRESIDING OFFICER. The Mr. KYL. Mr. President, I certainly the balanced budget discussion. question is, Is it the sense of the Sen- agree with the goals as articulated by I yield the floor and I suggest the ab- ate that debate on the motion to pro- the Senator from Georgia. We have sence of a quorum. ceed to consideration of S. 1635, a bill some slight difference as to how to get The PRESIDING OFFICER. The to establish U.S. policy for the deploy- there, but he certainly has articulated clerk will call the roll. ment of a national missile defense sys- the issue well. The legislative clerk proceeded to tem, shall be brought to a close? I ask at this point, if there is no one call the roll. The yeas and nays are required. The Mr. HELMS. Mr. President, I ask else who desires to speak, even though clerk will call the roll. there be time remaining, if there is no unanimous consent that the order for The legislative clerk called the roll. the quorum call be rescinded. other person desiring to speak other Mr. LOTT. I announce that the Sen- than the leaders, that it would be pos- The PRESIDING OFFICER. Without ator from Tennessee [Mr. FRIST] is nec- objection, it is so ordered. sible to yield back any remaining time essarily absent. f and proceed to allow leaders to speak The PRESIDING OFFICER. Are there as they desire and then to hold the clo- any other Senators in the Chamber de- DEFEND AMERICA ACT OF 1996 ture vote at 2:15 or as soon thereafter siring to vote? as appropriate. Mr. HELMS. Mr. President, Let me The yeas and nays resulted—yeas 53, emphasize that I regard the Defend Mr. NUNN. Mr. President, I agree nays 46, as follows: with the suggestion of my friend from America Act of 1996 as a vital piece of [Rollcall Vote No. 157 Leg.] Arizona. There is apparently no one legislation—one which provides a clear else on this side who plans to speak at YEAS—53 and concise blueprint for protecting this point in time. I certainly would Abraham Gorton McCain the American people from the growing Ashcroft Gramm McConnell agree to that procedure. threat of attack from ballistic missiles Bennett Grams Murkowski carrying nuclear chemical or biological The PRESIDING OFFICER. Without Bond Grassley Nickles objection, the time has been considered Brown Gregg Pressler warheads. I am also convinced, Mr. yielded back. Leaders will be accorded Burns Hatch Roth President, beyond peradventure, that it Campbell Hatfield Santorum is critical that the United States begin an opportunity to speak prior to the Chafee Heflin Shelby cloture vote, which will be when the Coats Helms Simpson immediately the 8-year task of build- Senate reconvenes. Cochran Hutchison Smith ing and deploying a national missile Cohen Inhofe Snowe defense. Finally, I am disappointed f Coverdell Jeffords Specter that this legislation is being subjected Craig Kassebaum Stevens RECESS D’Amato Kempthorne Thomas to a filibuster. DeWine Kyl Thompson This past winter, shortly after the Mr. KYL. Mr. President, at this point Dole Lott Thurmond Clinton administration vetoed the mis- I ask unanimous consent that the Sen- Domenici Lugar Warner sile defense provisions in the 1996 De- ate stand in recess until the hour of Faircloth Mack fense Authorization Act, I, along with 2:15. NAYS—46 others, questioned the wisdom of the There being no objection, at 12:35 Akaka Feinstein Mikulski administration’s stated assumption p.m., the Senate recessed until 2:15 Baucus Ford Moseley-Braun that no country ‘‘other than the de- p.m.; whereupon, the Senate reassem- Biden Glenn Moynihan clared nuclear powers’’ would threaten bled when called to order by the Pre- Bingaman Graham Murray Boxer Harkin Nunn the ‘‘continental’’ United States with a siding Officer [Mr. COATS]. Bradley Hollings Pell ballistic missile for at least 15 years. f Breaux Inouye Pryor Bryan Johnston Reid An incredible statement. I was aston- DEFEND AMERICA ACT OF 1996— Bumpers Kennedy Robb ished then and I am astonished now, Byrd Kerrey Rockefeller when I think about it, by the intellec- MOTION TO PROCEED Conrad Kerry Sarbanes Daschle Kohl Simon tual bankruptcy of such a statement. The Senate continued with the con- Dodd Lautenberg Wellstone Mr. President, I shall make four sideration of the motion. Dorgan Leahy Wyden points in this regard: First, I continue f Exon Levin to wonder how the administration Feingold Lieberman could so cavalierly make decisions CLOTURE MOTION NOT VOTING—1 about the deployment of a national The PRESIDING OFFICER. Under Frist missile defense, while explicitly ex- the previous order, pursuant to rule The PRESIDING OFFICER. On this cluding declared nuclear powers from XXII, the Chair lays before the Senate vote, the yeas are 53, and the nays are the threat calculus. One has only to the pending cloture motion, which the 46. Three-fifths of the Senators duly consider China, which fields dozens of clerk will report. chosen and sworn not having voted in submarine-launched ballistic missiles, The legislative clerk read as follows: the affirmative, the motion is rejected. hundreds of warheads on heavy bomb- CLOTURE MOTION Mr. THURMOND. Mr. President, I ers, roughly 24 medium and long-range We, the undersigned Senators, in accord- move to reconsider the vote. ballistic missiles, and has several crash ance with the provisions of rule XXII of the Mr. LOTT. Mr. President, I move to modernization initiatives in progress. Standing Rules of the Senate, do hereby lay it on the table. Moreover, China intends to deploy, by move to bring to a close debate on the mo- The motion to lay on the table was the end of this century, four new types tion to proceed to Calendar No. 411, the ‘‘De- agreed to. of ballistic missiles. Furthermore, the fend America’’ bill: United States has very clear indica- Bob Dole, Strom Thurmond, John War- f tions that Red China is, at this very ner, Trent Lott, Bob Smith, Rick MORNING BUSINESS Santorum, Jesse Helms, Kay Bailey moment, pursuing MIRV technology. Hutchison, Dan Coats, Dirk Mr. LOTT. Mr. President, I ask unan- Now, then, Mr. President, this is the Kempthorne, John McCain, Jon Kyl, imous consent there now be a period of very same country, mind you, that has S5742 CONGRESSIONAL RECORD — SENATE June 4, 1996 just finished flexing its military might external assistance can hinder our abil- would rectify a longstanding inequity by conducting live missile-firing exer- ity to predict how soon a system will of previous arms control agreements by cises in the Strait of Taiwan, in a clear become operational.’’ completely eliminating this monster effort to bully and cower a valued and Good Lord, Mr. President, this one missile forever. Secretary Perry’s com- longstanding ally of the United States. statement alone unravels the whole ment appears to open the door for Sa- This is the same country—China—that ball of yarn. Foreign assistance is the tan’s coming under the red flag of Com- issued thinly veiled threats this spring norm in the development of ballistic munist China. suggesting that nuclear weapons would missile systems, not the exception. The For the record I should mention that be used against the United States if the Soviet Union collaborated on ballistic the START II Treaty specifically pro- United States intervened on behalf of missiles with 14 countries around the hibits Russia from transferring SS–18’s Taiwan. Assistant Secretary of State globe, all of whom can now field some to any recipient whatsoever or whom- Winston Lord acknowledged that Chi- type of Soviet-made missile. ever, and does so from the date of nese officials had declared that the Russia recently was caught shipping START II’s signature. The Foreign Re- United States, ‘‘wouldn’t dare defend entire missile sections to Iraq. Both lations Committee even attached a Taiwan because they [China] would Libya and Egypt have transferred mis- condition stating that ‘‘space-launch rain nuclear bombs on Los Angeles’’ if siles to other countries. China has sold vehicles composed of items that are we did. intermediate-range missiles to Saudi limited by the START Treaty or the Now, if this is not nuclear blackmail, Arabia and missile technology to Iran, START II Treaty shall be subject to it will do while the Clinton administra- Syria, and North Korea. In turn, Iran is the obligations undertaken in the re- tion folds its hands until the first nu- working with North Korea and Syria spective treaty.’’ Case closed. In my clear missile hits the west coast. Chi- on various missiles, and North Korea is judgment, there should not be any na’s ability to hold the United States supplying both missiles and missile question about whether the transfer of hostage to such threats is made pos- production facilities to anybody who is SS–18 technology to China is accept- sible by the fact that a band of latter- prepared to pay for them with cash. able. I contend that it absolutely is day Luddites here in Washington have Recently, Mr. President, I was as- not. consistently refused even to consider tounded to discover that Russia and The truth of the matter is that no building the very strategic missile de- Ukraine may be concluding a secret amount of policy reformulation by the fenses necessary to protect the Amer- deal with China to transfer ICBM com- administration can change the fact ican people from such an attack. ponents. A report by the Defense Intel- that the United States is vulnerable to Mr. President, it is time for the de- ligence Agency concluded that Com- nuclear-tipped missiles fielded by fenders of the ABM Treaty to give up munist China is seeking to enhance its China, or anyone else. Rectifying this their pious devotion to an antiquated strategic arsenal with components dangerous deficiency requires leader- arms control theology and come to from Russia’s most lethal type of inter- ship and action. It is an all the more grips with the realities of the post- continental ballistic missile—the SS– pressing issue because the current cold-war world. Dr. Henry Kissinger, 18. course charted by the administration the architect of the ABM Treaty, put it Dubbed ‘‘Satan’’ by Western intel- fails to recognize the inherent danger best when he recently wrote, ‘‘The end ligence services, the SS–18 is the in China’s pursuit of an advanced nu- of the cold war has made . . . a strat- world’s most destructive weapon to clear arsenal. egy of mutually assured destruction date. It has the ability to drop 10 mega- Mr. President, any further delay in largely irrelevant. Barely plausible ton-rated warheads within 600 feet of the development by the United States when there was only one strategic op- their targets. Acquisition of just the of a flexible, cost-effective national ponent, the theory makes no sense in a booster stage of this missile would give missile defense is unconscionable. I am multipolar world of proliferating nu- China the ability to launch nuclear honored to be a cosponsor of the De- clear powers.’’ warheads against any and every city in fend America Act and urge Senators to He went on to say that MAD, mutu- the United States of America—a stra- support this legislation to ensure that ally assured destruction, would not tegic reach of up to 6,820 miles that the American people in all 50 States work against blackmail with nuclear China, thank the Lord, does not yet are protected from attack by ballistic weapons. Yet, that is exactly what we possess. missiles. are faced with when China blatantly Mr. President, I am deeply troubled f threatens Los Angeles, U.S.A. that Secretary of Defense Perry has Second, I cannot fathom the adminis- held open the door to the possibility THE 50TH ANNIVERSARY OF THE tration’s sensibilities when it drew a that SS–18 boosters could be used com- SIGNING OF THE NATIONAL distinction between threats to the mercially by the Chinese to boost sat- SCHOOL LUNCH ACT United States and threats to the con- ellites into orbit. He stated during an Mr. LEAHY. Mr. President, I would tinental United States. The last time I interview with reporters from the like to take a few minutes to celebrate checked, nearly 2 million U.S. citizens Washington Times that ‘‘I guess our a birthday. June 4, 1996, marks the 50th live in Alaska and Hawaii. These peo- answer would be only if it’s very tight- anniversary of the signing of the Na- ple and their families are no less de- ly controlled, so you can have great tional School Lunch Act by President serving of protection than anyone liv- confidence this technology is not being Harry Truman. While turning 50 is not ing in Arkansas or North Carolina or diverted to some other application. a happy occasion for most of us, the Washington, DC, or anywhere else. It is That would be the only exception I celebration of this birthday is one that simply incredible that those who op- would make.’’ should make all of us happy. pose ballistic missile defense are doing Well, speaking just as one Senator, I The link between proper nutrition so based on their view of the threat to must say, in no uncertain terms, that I and a child’s ability to grow and to only 48 out of the 50 States of the believe any such exception would be learn is undisputed. The School Lunch Union. This is all the more galling made at the peril of the national secu- Program was founded in part, because since it is an indisputable fact that rity of the American people. The De- President Truman saw the alarmingly North Korea is developing a series of fense Intelligence Agency has specifi- large number of World War II draftees missiles capable of striking both Alas- cally noted that ‘‘China’s interest in who failed their physicals due to nutri- ka and Hawaii. using SS–18 boosters in its civilian pro- tion-related problems. President Tru- Third, I call Senators’ attention to a gram seems odd because the SS–18’s en- man declared it a ‘‘measure of national key caveat in the much publicized 1996 gine characteristics may be incompat- security to safeguard the health and threat assessment that has been large- ible with many sensitive satellite pay- well being of the nation’s children.’’ ly overlooked. That assessment de- loads.’’ I might add that the Foreign President Truman was right. clared that ‘‘foreign assistance is a Relations Committee, of which I am Numerous scientific studies have wild card that can sometimes permit a chairman, recommended Senate ratifi- documented the nutritional benefits of country to solve difficult developmen- cation of the START II Treaty subject the program—children who eat school tal problems relatively quickly. Such to the understanding that the treaty meals perform better on achievement June 4, 1996 CONGRESSIONAL RECORD — SENATE S5743 tests and are late and absent from undertook one of the most sweeping, an integral and intrinsic part of the edu- school less often than children who did innovative programs in the history of cation system. not participate in the programs. Any the program—Team Nutrition. But where did all of this—the need, the parent or teacher will tell you that a Team Nutrition’s mission is to im- dedication, the challenge—begin? How did two groups of foodservice directors find child who has not eaten cannot think prove the health and education of chil- themselves merging together in 1946 to cre- and cannot learn. dren by creating innovative public and ate a profession dedicated to advancing In speaking at the 1969 White House private partnerships that promote food standards and managing a new federal pro- Conference on Food Nutrition and choices for a healthy diet through the gram? Health, President Nixon said that ‘‘a media, schools, families, and commu- ROOTS child ill-fed is dulled in curiosity, nities across the country. According to historical records, the first lower in stamina and distracted from For 50 years, the National School known program to combine lunch and edu- learning.’’ Lunch Program has prepared children cation began in 1790, in Munich, Germany. Over the last year or so the school for a healthier future. Court Rumford, Benjamin Thompson, estab- nutrition programs have been the sub- Today, as we move into the 21st cen- lished the Poor People’s Institute, which in- ject of a lot of debate, with many ex- tury, we are celebrating and bringing cluded a program of teaching and feeding treme Republicans in the House sup- together all those who care about the hungry, vagrant children. Half of the day, porting a repeal of the School Lunch the children worked making clothes for the health of our Nation’s children. That’s army and the other half they received an Act. This is a program that has always what Team Nutrition is all about— education. Food was primarily a soup made enjoyed strong bipartisan support in local community coalitions joining to- from potatoes, barley and peas. the Senate. gether to promote nutrition education Throughout the 19th century, all over Eu- Agriculture Chairman LUGAR and for children and families. Already rope, charitable organizations began to take Senators DOLE and COCHRAN have al- Team Nutrition has over 12,000 schools on the burden of feeding and educating chil- ways supported the program, and have signed up. Team Nutrition is reaching dren in poverty, but as the century wore on, local governments began to pick up more really helped make it what it is today. millions of children in thousands of Back in 1981 Senators DOLE, COCHRAN, and more of the financial burden. By 1877, communities and inspiring educators, the Paris government started school and HELMS wrote, then-White House families, and community leaders to ‘‘cantines,’’ providing meals at public ex- chief of staff, Jim Baker and urged the work together to improve the health of pense for children in need. In England, the Reagan administration not to make our Nation’s children. Education (Provision of Meals) Act passed in cuts to the program. I am also pleased that one of my 1905, after lobbying from 365 private and In 1995, the Vermont School Lunch former communication directors, charitable organizations. And in Holland in Program served over 7,663,000 lunches Alicia Bambara, is working with the 1900, a royal decree ordered municipals to to students in 335 schools in Vermont. Under Secretary on this effort and supply food and clothing to needy school For many of these children school children. doing a wonderful job. She also worked These efforts in Europe were paralleled by meals are their main source of nutri- to found a shelter for homeless, preg- tion. School lunches provide one-third ones in the United States. In 1853, the Chil- nant women in the District of Colum- dren’s Aid Society in New York served meals to one-half of the recommended daily bia. to students attending vocational school, but allowances for key nutrients. I would like to congratulate the it wasn’t until 1919 that the Board of Edu- The school nutrition programs have School Lunch Program and give a spe- cation assumed full responsibility for all done a fabulous job for the last 50 years cial thanks to a few special people who lunch programs in Manhattan and the Bronx. of providing American children healthy have helped bring so many healthy The movement was similar in other U.S. school meals that prepare them to cities. In Philadelphia, for example, the meals to Vermont school children: Jo learn today and to compete tomorrow. Starr Center Association began serving Busha, the head of the Vermont Child This program is an example of what is penny lunches in one school in 1894; in 1909, Nutrition Program, Marlene Senecal, working and what is good about Gov- responsibility for operating and supporting Connie Bellavance, and Sue Steinhurst the lunch program was transferred to the ernment. at the Vermont School Food Service city’s school board. Today’s school nutrition programs In smaller cities, ‘‘charitable organiza- are healthier than ever. As part of the Association and Rob Dostis with the Campaign to End Childhood Hunger. I tions’’ often meant the mothers of the chil- Better Nutrition and Health for Chil- dren at school. In 1904, the Women’s School dren Act of 1994 that I was able to pass also would like to thank all of the won- Alliance of Wisconsin began furnishing as chairman of the Agriculture Com- derful school food service professionals lunches to children in Milwaukee. The meals mittee, all schools must meet the die- who work so very hard at this impor- were prepared in the homes of women who tary guidelines for Americans by the tant task. lived near the schools and were willing to 1996–97 school year. I ask unanimous consent that an ar- cook and serve. And in rural areas, the re- Many schools are ahead of the dead- ticle which gives an excellent history sponsibility was often assumed by the teach- line and are already meeting these of the program’s first 50 years be print- ers themselves, preparing soups and other ed in the RECORD. hot dishes from meats and vegetables guidelines that lower the sodium and brought by the children. fat content of the school meals. For There being no objection, the article THE GREAT DEPRESSION those schools that need help, USDA is was ordered to be printed in the RECORD, as follows: The stock market crash of 1929 brought a working with them. whole new urgency and visibility to the issue DECADES OF DEDICATION—THE EARLY YEARS We in Congress are also working with of hunger in America. As unemployment the schools and asking them what they (By Patricia L. Fitzgerald) skyrocketed, the country’s middle class sud- need. Just last week the President Despite all the changes of the past 50 denly became the ‘‘new poor,’’ and the coun- signed H.R. 2066 giving schools maxi- years—technology, economics, demo- try looked to the government for help. mum flexibility in how they meet the graphics, legislation—the history of school Unfortunately, President Herbert Hoover’s new dietary guidelines. So I think that foodservice is truly remarkable for how administration had no answers, and the De- we have reached a very good medium of much has stayed the same. The mission pression wore on without relief. Instead of hasn’t changed since the earliest programs slowing the expansion of local school lunch Federal support and guidelines while in the 19th century: Provide meals to chil- programs, the bleak economics drove home giving the individual schools the flexi- dren at school to ensure their health and their value. In many communities, a school bility to do what works best for them. promote their ability to learn. And while meal program was initiated and provided by Last year marked a major milestone many faces have changed, the school a legion of volunteers. in the history of the National School foodservice profession has always been com- Aid came in the form of new president Lunch Program—for the first time in posed of individuals who have a true and Franklin Delano Roosevelt’s New Deal, and 50 years we made historic changes in dedicated commitment to this mission. the establishment of a number of ‘‘alpha-bet the nutrition standards for school Many of the obstacles that confronted the organizations,’’ government programs de- profession’s pioneers still exist—in different signed to provide opportunities for employ- meals. Under the leadership of Under forms—today. These include managing tight ment. In 1933–34, burgeoning school lunch Secretary Haas we have the School budgets, surviving political maneuverings, programs in 39 states found valuable assist- Meals Initiative for Healthy Children. meeting nutritional requirements in the face ance from the Civil Works Administration Then, realizing that change cannot of children’s tastes and preferences and and the Federal Relief Administration. And be mandated, Under Secretary Haas fighting resistance to consider school meals in 1935, the Work Projects Administration S5744 CONGRESSIONAL RECORD — SENATE June 4, 1996 (WPA) was created; needy women all over resenting programs in 34 states, as well as and became the state’s director of school the United States found work under WPA the U.S. Department of Agriculture. Con- foodservice programs. Stalker set nutrition programs to prepare and serve school stance C. Hart, a school foodservice director and management standards that were na- lunches. And with much of the labor burden from Rochester, N.Y., and a founder of the tional models. He designed ASFSA’s first off of school districts, lunch prices could be Conference of Food Service Directors, was emblem and served as a valuable legislative kept low, which increased participation. elected ASFSA’s first president. leader at both the state and national levels. Donated commodities were another key to Through the end of the 1940’s, the Associa- Frank Washam. Director of Chicago’s early school lunch success. While unemploy- tion concentrated on getting on its feet, ad- school lunch program, Washam was a leader ment in the cities was rampant, America’s ministering the new federal school lunch in the National School Cafeteria Association farmers were having bumper crops. But with- program and providing professional develop- and a leader in the movement to obtain per- out a market to buy, surpluses grew, prices ment opportunities for its growing member- manent federal support for school lunches. fell and farmers began to go out of business. ship. In 1947, member rolls were 709. Okla- In 1935, the government began to remove homa became ASFSA’s first state affiliate. f price-depressing surplus foods from the mar- The first annual convention was held in Dal- ket, and school lunch programs were one ex- las in November. Attendance at the conven- cellent outlet for the goods. tion was 478, and there were 39 exhibitors, in- THE VERY BAD DEBT BOXSCORE Throughout the 1930s, many states and cluding many still-familiar names, such as cities began to adopt legislation—often in- American Dietetic Association, The Cleve- Mr. HELMS. Mr. President, I think cluding appropriations—that mandated land Range Company, Florida Citrus Com- so often of that November evening long schools to serve lunch to students. By 1937, mission, The Hobart Manufacturing Com- ago—it was in 1972—when the TV com- 15 states had passed laws specifically author- pany and the National Livestock and Meat mentators network reported that the izing local school boards to operate Board. In 1948, membership remained steady, people of North Carolina had elected lunchrooms, serving meals at cost or less. Betsy Curtis was president and the conven- me to the Senate. It was 9:17 p.m. and The numbers tell the story. By 1941, WPA tion was held in Detroit. Dr. Mary deGarmo Bryan took the helm in I recall how stunned I was. school lunch programs were in all states, the It had never really occurred to me District of Columbia and Puerto Rico, serv- 1948–49, and ASFSA’s first constitution was ing an average of nearly 2 million lunches adopted. That year also saw the development that I would be the first Republican in daily and employing more than 64,000 people. of the Association’s first membership publi- history to be elected by the people of cation: School Meals. Membership grew to A SENSE OF PERMANENCE North Carolina to the U.S. Senate. 920. Thelma Flanagan’s term as 1949–50 presi- Needless to say, it was a memorable When America went to war, it sent its boys dent say many actions that gave shape to overseas and its women to work in the de- moment in my life and I, that evening, the infant association. We’ll examine these made a commitment to myself that I fense industry. By 1944, the WPA’s payroll in the next installment of ‘‘Decades of Dedi- was gone, but the demand for continuation cation.’’ would never fail to see a young person, of lunch programs was not. In 1944, Congress or a group of young people, who wanted earmarked funds to maintain the programs O PIONEERS! The school foodservice profession owes a to see me. for the year and repeated this action in 1945. Keeping that commitment for almost Behind the scenes, a campaign to establish a debt to all of the leaders that guided it permanent, reliable federal subsidy for through the turbulent waters of change and 24 years, it has proved enormously school lunch was in the works. growth over the past 50 years. In this issue meaningful to me. I have been inspired In 1946, Congress recognized the need to es- we pay special tribute to just a few of those on countless occasions by the esti- tablish a national, permanent, federally who fought for the establishment of a federal mated 60,000 young people with whom I funded school lunch program. Section 2 of school lunch program and helped shape a have visited during the more than 23 the final law succinctly explains the legisla- brand-new profession. Their influence is still years I have been in the Senate. tors’ rationale: ‘‘It is hereby declared to be felt today. Dr. Mary deGarmo Bryan. A professional A large percentage of them are un- the policy of Congress, as a measure of na- derstandably concerned, and greatly tional security, to safeguard the health and educator, she was largely responsible for the well-being of the Nation’s children and to en- professional standards of the program, teach- so, about the total Federal debt which courage the domestic consumption of nutri- ing many of the first generation of school back in February of this year crossed tious agricultural commodities and other foodservice professionals. Her 1936 text, The the $5 trillion mark for the first time food, by assisting the States, through grants- School Cafeteria, was one of the bases for the in history. It is Congress that has cre- in-aid and other means, in providing an ade- school lunch program. A professor at Colum- ated this monstrous debt which coming quate supply of foods and other facilities for bia University Teachers College for over 20 years, deGarmo was president of ASFSA in generations will have to pay. the establishment, maintenance, operation Mr. President, the young people who and expansion of nonprofit school lunch pro- 1948–49. grams.’’ Marion Cronan. Through her regular col- visit with me almost always are in- After considerable lobbying by the bur- umn, ‘‘The School Lunch,’’ in Practical clined to discuss the fact that under geoning school foodservice profession and Home Economics magazine, Cronan was in- the U.S. Constitution, no President can with the support of some heavy hitters in the strumental in bringing the professional con- spend a dime of Federal money that Senate, Congress passed the National School cerns of lunch programs to the attention of has not first been authorized and ap- a foodservice audience. She served as ASFSA Lunch Act of 1946, which was signed into law propriated by both the House and Sen- by President Harry Truman on June 4. In ad- president for 1967–68. Thelma Flanagan. Considered by many to ate of the United States. dition to defining appropriations—including That is why, on February 22, 1992, I those for administrative expenses—the new be Florida’s ‘‘first lady of the profession,’’ law set minimum nutritional requirements Flanagan also made an indelible impact on began making these daily reports to for three types of acceptable lunches. the national association. As ASFSA’s 1949–50 the Senate. I decided that it was im- president, Flanagan was responsible for giv- A NEW PROFESSION portant that a daily record be made of ing the fledgling association some shape, the precise size of the Federal debt Although school foodservice began with creating specialized departments and insti- unskilled volunteers, it was quick to grow tuting long-range planning. Today, the Thel- which, at the close of business yester- into a bona fide profession during the 1930s. ma Flanagan Gold Award recognizes states day—Monday, June 3, 1996—stood at Cafeteria management and foodservice direc- that excel in meeting ASFSA’s Plan of Ac- $5,136,903,015,098.32. On a per capita tion were new careers. And the early pio- tion. basis, the existing Federal debt neers (see sidebar, page 50) developed high Constance Hart. Director of Lunchrooms amounts to $19,384.92 for every man, standards for sanitation, nutrition and home for the Rochester, N.Y., public school system woman, and child in America on a per economics. The Thirties saw the formation in 1942, Hart was an early proponent for nu- capita basis. of two national organizations created to fur- trition education in the schools. A founder of ther this brand-new profession: the Con- the Conference of Food Service Directors in The increase in the national debt in ference of Food Service Directors and the 1935, Hart became ASFSA’s first president, the 24 hours since my report yester- National School Cafeteria Association. elected at the merger meeting between the day—which identified the total Federal After passage of the National School Conference and the National School Cafe- debt as of close of business on Friday, Lunch Act, these two groups agreed to a teria Association. She served in 1946–47. May 31, 1996—shows an increase of merger conference to join forces and create a Senator Richard B. Russell (D–Ga.) As more than $8 billion—$8,394,510,205.52, new organization. On October 10–12, 1946, in chair of the Senate Agriculture Committee’s to be exact. That increase alone is Chicago, the School Food Service Associa- Appropriations Subcommittee, his support of enough to match the total amount tion was born (the word ‘‘American’’ the National School Lunch Act was invalu- wouldn’t be added to the name of the organi- able for getting the bill through Congress. needed to pay the college tuition for zation until 1951). There were 300 school John Stalker. In 1935, Stalker headed Mas- each of the 1,244,737 students for 4 foodservice professionals in attendance, rep- sachusetts’ commodity distribution program years. June 4, 1996 CONGRESSIONAL RECORD — SENATE S5745 PRESIDENT CLINTON’S HOPE below $100,000 or to individuals with in- our staff who graduated from Princeton. Two SCHOLARSHIP PLAN comes below $70,000. Princeton graduates who are no longer liv- ing—Vic Raiser and his son, Monty, were Mr. KENNEDY. Mr. President, ear- These important new benefits build on the 33 percent increase in Pell grant great friends of mine. Vic’s wife, Molly, is lier today, in his commencement ad- here—our protocol chief. And if it hadn’t dress at Princeton University, Presi- funding in the President’s budget. By been for him I might not be here today, and dent Clinton announced a dramatic comparison, the Republican budget res- I want to recognize their contributions to new proposal called the Hope scholar- olution cuts Pell grants by 18 percent Princeton and Princeton’s gifts to them. ship plan, to bring college education over the next 6 years and denies grants I also want to say that one of my youngest within closer reach for all Americans. to 1.3 million students altogether. The staff members is a classmate here—Jon This important new initiative guaran- President’s budget increases the maxi- Orszag. And when the ceremony is over I’d tees free tuition for large numbers of mum Pell grant award by almost $800 like to have you back at work, please. students attending the Nation’s com- by 2002. (Laughter.) munity colleges. For students at 4-year The Hope scholarship plan recognizes I would like to talk to the senior class colleges, it supplements Pell grant aid, the need for high skills in today’s econ- today about not only the importance of your education, but the importance of everyone and it strengthens the tuition tax de- omy, and helps to meet that need. It offers realistic help to students and else’s education to your future. At every piv- duction in the President’s budget by otal moment in American history, Prince- adding a new education tax credit. The working adults seeking to acquire new ton, its leadership, its students have played plan is fully paid for with savings that skills. I commend the President for a crucial role. Many of our Founding Fathers achieve a balanced budget by 2002. this initiative, and I urge the Congress were among your first sons. A president of This initiative is modeled on the GI to support it. Princeton was the only university president bill of rights of the World War II era, Mr. President, I ask unanimous con- to sign the Declaration of Independence. which gave so many veterans the skills sent that President Clinton’s address This hall was occupied by the British since needed in those years to participate may be printed in the RECORD. 1776, liberated by Washington’s army in 1777, and as the President said, sanctified forever fully in our expanding economy. We re- There being no objection, the address was ordered to be printed in the to American history by the deliberations of jected the idea of a cash bonus for sol- the Continental Congress in 1783. RECORD as follows: diers. Instead, we invested in their fu- In 1896, the last time there was a Class of tures and the future of the Nation by f ’96, when Princeton celebrated its 150th anni- making higher education available and REMARKS BY THE PRESIDENT AT PRINCETON versary and, as has been said, Grover Cleve- affordable for returning veterans. The UNIVERSITY COMMENCEMENT ADDRESS land was President, Professor Woodrow Wil- investment has more than paid for it- The PRESIDENT. Thank you very much. son gave his very famous speech, ‘‘Princeton self. For every dollar invested in grants President Shapiro, members of the faculty, in the Nation’s Service.’’ I read that speech under the GI bill, the Nation received alumni, to parents and friends of this grad- before I came here today. And I’d like to read just a brief quote from it: ‘‘Today we more than $8 in economic returns. uating class, especially to the graduates of the Class of 1996—(applause.) Let me thank must stand as those who would count their The Hope scholarships, announced by you co-Presidents, George Whitesides and force for the future. Those who made Prince- President Clinton, are based on the Susan Suh, who came to say hello to me this ton are dead. Those who shall keep it and same principles—investing in the fu- morning; and compliment your valedictory better it still live. They are even ourselves.’’ ture of America by investing in edu- address by Bryan Duff, and the Latin address What he said about Princeton 100 years ago cation and training for all citizens. The by Charles Stowell. I actually took four applied then to America and applies to President’s proposal recognizes what years of Latin in high school. (Laughter.) America even more today. business leaders have been telling us And even without being prompted, I knew I At the time of that speech 100 years ago, for years, that high skills are the key was supposed to laugh when he was digging America was living as it is living today, me about going to Yale. (Laughter.) to high wages for American workers in through a period of enormous change. The I want to also thank Princeton for honor- Industrial Age brought incredible new oppor- the global economy. ing the high school teachers and the faculty tunities and great new challenges to our peo- According to the Bureau of Labor members here for teaching, for today we cel- ple. Princeton, through Wilson and his con- Statistics, 60 percent of all jobs created ebrate the learning of the graduates and we temporaries, was at the center of efforts to between now and the year 2005 will re- should be honoring the teachers who made master these powerful forces of change in a quire education beyond high school. their learning possible. I thank you for that. way that would enable all Americans to ben- The Hope scholarship plan will make (Applause.) efit from them and protect our time-honored at least two years of college possible It’s a great honor to be here in celebrating values. Princeton’s 250 years. I understand that for every American. It will guarantee Less than 3 years after he left this campus, Presidents are only invited to speak here Woodrow Wilson became President of the $1,500 in tuition assistance a year, once every 50 years. President Truman and United States. He followed Theodore Roo- through Pell grants or a refundable tax President Cleveland—you’ve got to say one sevelt as the leader of America’s response to credit or both, for 2 years to every stu- thing, for all the troubles the Democrats that time of change. We now know it as the have had in the 20th century, we’ve had pret- dent in the country who attends a com- Progressive Era. munity college, earns at least a ‘‘B’’ ty good timing when it comes to Princeton Today, on the edge of a new century, all of average in the second year, and stays over the last 100 years. (Laughter and ap- plause.) you—our Class of ’96—are living through an- off drugs. other time of great change, standing on the Community colleges enroll 48 percent I want to thank President Shapiro for his distinguished service to higher education in threshold of a new Progressive Era. Powerful of all undergraduates and over half of our country. I thank Princeton for its long forces are changing forever our jobs, our all minority students. Many commu- and noble service to our Nation. I also am neighborhoods, the institutions which shape nity college students are working deeply indebted to Princeton for the con- our lives. For many Americans, this is a adults returning to college to improve tributions it has made to our administration time of enormous opportunity. But for oth- their skills. Based on current surveys, and my presidency. ers, it’s a time of profound insecurity. They more than half of the Nation’s students My Press Secretary, Mike McCurry, sat in wonder whether their old skills and their en- these seats in 1976. I’m sure that Princeton during values will be enough to keep up with maintain a ‘‘B’’ average. the challenges of this new age. The $1,500 credit is designed to pay had something to do with the fact that he not only thinks, but talks so fast. The Chair In 1996, like 1896, we really do stand at the full tuition costs at community col- of our National Economic Council, Laura dawn of a profoundly new era. I have called leges. But it can also be applied to the Tyson, was a Princeton Professor then, and it the Age of Possibility because of the revo- first 2 years of tuition at 4-year col- Mike McCurry’s thesis advisor. And you got lution in information and technology and leges for students who maintain a ‘‘B’’ back from me Professor Alan Blinder, who market capitalism sweeping the globe—a average in the second year. Alter- was a distinguished member of the Council of world no longer divided by the Cold War. natively, students and their families Economic Advisors and the Vice Chairman of Just consider this: There’s more computer will be able to choose a tax deduction the Federal Reserve, and a brilliant contrib- power in a Ford Taurus every one of you can of $10,000 a year per family for the first utor to our efforts to improve the economy. buy and drive to the supermarket than there I want to thank Alan Blinder here among his was in Apollo 11 when Neil Armstrong took 2 years. For the last 2 years of college colleagues and these students for what he it to the moon. Nobody who wasn’t a high- and graduate school and professional has done. energy physicist had even heard of the World school, the tax deduction remains I thank Tony Lake and Bruce Reed and Wide Web when I became President. And now available to all families with incomes John Hilley and Peter Bass, all members of even my cat, Socks, has his own page. S5746 CONGRESSIONAL RECORD — SENATE June 4, 1996 (Laughter.) By the time a child born today is lion new jobs, the lowest combined rates of worked hard to do it—from increasing pre- old enough to read, over 100 million people inflation, unemployment and home mort- school opportunities, to improving the public will be on the Internet. gages in three decades, the lowest deficit as school years, to increasing technology in our This Age of Possibility means that more a percentage of our income of any advanced schools. And this spring the Vice President Americans than ever before will be able to economy in the world, 3.7 million more and I helped to kick off a Net Day in Califor- live out their dreams. Indeed, for all of you American homeowners, and record numbers nia where schools and businesses and civic in the Class of ’96, this Age of Possibility is of new small businesses in each of the last 3 leaders hooked up nearly 50 percent of the actually an age of high probability, in large years. schools to the Internet in a single weekend. measure because of the excellent education We are doing well, but we must do better if What I want to see is every schoolroom and you celebrate today. we are going to make the promise of this every library in every school in America But we know that not all Americans see new age real to all Americans. That means hooked up to the Internet by the end of the the future that way. We know that about we have to grow faster. How fast can we year 2000. We can do that. (Applause.) half of our people in this increasingly global grow? No one knows the exact answer to And I am very proud that I was asked to economy are working harder and harder that. But if we look at the long-term, if we announce today that a coalition of high-tech without making any more money; that about believe in our people and invest in them and companies, parents, teachers and students half of the people who lose their jobs today their opportunities, and our people take re- are launching Net Day New Jersey this week don’t ever find another job doing as well as sponsibility, the sky is the limit. they were doing in their previous one. We must look with the greatest skepticism to connect over a thousand schools in New We know that, therefore, our mission toward those who promise easy and quick so- Jersey to the Internet by this time next today must be to ensure that all of our peo- lutions. We know that the course that leads year. That will make a huge difference in ple have the opportunity to live out their to long-term growth is in the minds and spir- making learning more democratic and infor- dreams in a nation that remains the world’s its and ideas and discipline and effort of peo- mation more accessible in this country. I strongest force for peace and freedom, for ple like those of you who graduate here thank them for that. Every single person in prosperity, for our commitment that we can today. We are on the right course; we must New Jersey who will be a part of that. (Ap- respect our diversity and still find unity. accelerate it, not veer from it. plause.) This is about more than money. Oppor- We have to finish the job we started in 1993 tunity is what defines this country. For 220 But we have to face the fact that that is and balance the budget—not only because we not enough. We have to do more. Just con- years, the idea of opportunity for all and the want to free you and your children of the freedom to seize it have literally been the sider the last 100 years. At the turn of the legacy of debt, but because that will keep in- defining elements of America. They were al- century, the progressives made it the law of terest rates down, increase savings, expand ways ideals never perfectly realized, but al- the land for every child to be in school. Be- companies, start new small businesses, help ways our history has been a steady march of fore then there was no such requirement. more families buy homes and more parents striving to live up to them. After World War II, we said 10 years are not Having these ideals achievable, imaginable send their children to college. enough, public schools should extend to 12 We know we have to continue to fight for for all is an important part of maintaining years. And then, as I said, the G.I. Bill and fair and open trade because we proved now if our sense of democracy and our ability to college loans threw open the doors of college other markets are as open to our products forge an American community with such dis- to the sons and daughters of farmers and fac- and services as we are to theirs, we’ll do just parate elements of race and religion and eth- tory workers. And they have powered our fine. We know we have to do more to help all nicity across so many borders that could so economy ever since. Americans deal with the economic changes easily divide this country. America knows that higher education is And so I say to you, creating opportunity of the present day in a more positive way by the key to the growth we need to lift our for all, the opportunity that everyone has, investing in the future and targeting tax that many of you are now exercising, dream- cuts to help Americans deal with their own country. And today that is more true than ing about your future—that is what you problems and build strong families. ever. Just listen to these facts. Over half the must do in order to make sure that this Age We know we have to continue to invest in new jobs created in the last 3 years have of Possibility is really that for all Ameri- the things that a government needs to invest been managerial and professional jobs. The cans. in, including research and development, and new jobs require higher-level skills. Fifteen When I took office, I was concerned about technology, and environmental protection. years ago the typical worker with a college the uncertain steps our country was taking We know that since so many people will have degree made 38 percent more than a worker for that future. We’d let our deficit get out to change jobs more often than in the past, with a high school diploma. Today, that fig- of hand, unemployment had exploded, job we have to give families the security to ure is 73 percent more. Two years of college growth was the slowest since the Great De- know that if they change jobs they can still means a 20-percent increase in annual earn- pression. The country seemed to be coming carry with them access to health care and ings. People who finish 2 years of college apart when we needed desperately to be com- pensions and education for a lifetime. earn a quarter of a million dollars more than ing together. But finally and most importantly, if we their high school counterparts over a life- I wanted to chart a new course, rooted first really want Americans—all Americans—to time. in growth and opportunity—first, to put our participate in the future that is now at your Now, it is clear that America has the best economic house in order so that our busi- fingertips, we have got to increase the qual- higher education system in the world, and nesses could prosper and create jobs; second, ity and the level of education not just for the that it is a key to a successful future in the to tap the full potential of the new global graduates of Princeton and Georgetown and 21st century. It is also clear that because of economy; third, to invest in our people so Yale and the state universities of this coun- cost and other factors, not all Americans that they would have the capacity to meet try, but for all the American people. It is the have access to higher education. the demands of this new age and to improve only way to achieve that goal. (Applause.) their own lives. The very fact that we have been here or I want to say today that I believe the clear This strategy is in place, and it is working. our forebears have for 250 years is testimony facts this time make it imperative that our The deficit is half of what it was. The Gov- to the elemental truth that education has al- goal must be nothing less than to make the ernment is now the smallest it’s been in 30 ways been important to individual Ameri- 13th and 14th years of education as universal years. As a percentage of the Federal work cans. And for quite a long time, education to all Americans as the first 12 are today. force, the federal government is the smallest has been quite important to our whole coun- (Applause.) try. Fifty years ago when the Class of ’46 was it’s been since 1933, before the beginning of We have put in place an unprecedented col- here, coming in after World War II the G.I. the New Deal. We signed over 200 trade lege opportunity strategy: Student loans can Bill helped to build a great American middle agreements. Our exports are at an all-time now be given directly to people who need class and a great American economy. But high. Fifteen million of our hardest-pressed them, with a provision to repay them based today, more than ever before in the history people have gotten tax cuts. Most of the on the ability of the graduate to pay—based of the United States, education is the fault small businesses have as well. on income. This is a dramatic change which We’ve invested in research and defense line, the great Continental Divide between is making loans more accessible to young transformations. We’ve invested in new tech- those who will prosper and those who will people who did not have them before. nologies. And we’ve invested in environ- not in the new economy. Americorps, which by next year will have mental protection and sustainable develop- If you look at the census data, you can see given over 65,000 young people the chance to ment. And I will say, parenthetically, the what happens to hard-working people who earn their way through college by serving great challenge of your age will be to prove have a high school diploma or who drop out their country and their communities. More that we can bring prosperity and opportunity of high school and try to keep up in the job Pell Grants, scholarships for deserving stu- to people all across the globe without de- market, but fall further and further behind. dents every year. stroying the environment, which is the pre- You can also see that if all Americans have condition of our successful existence. And all access to education, it is no longer a fault Now we want to go further; we want to ex- of you will have to meet that challenge, and line, it is a sturdy bridge that will lead us all pand work-study so that a million students I challenge you to do it. (Applause.) together from the old economy to the new. can work their way through college by the Our economy, while most of the rest of the Now, we have to work to give every Amer- year 2000. We want to let people use money world was in recession, has produced 8.5 mil- ican that kind of opportunity. And we’ve from their Individual Retirement accounts June 4, 1996 CONGRESSIONAL RECORD — SENATE S5747 to help pay for college. We want every honor the days of something for nothing or pretend A TRIBUTE TO SEYMOUR H. KNOX student in the top 5 percent of every high that in order to invest in education we have III, 1926–96 school class in America to get a $1,000 schol- to sacrifice fiscal responsibility. arship. Now, this program will do three things. It Mr. MOYNIHAN. Mr. President, I rise And we also want to do some other things will open the doors of college opportunity to today to pay tribute to Seymour H. that I believe we must do to make 14 years every American, regardless of their ability Knox III, a civic and business leader of education the standard for every Amer- to pay. Education at the typical community from Buffalo, NY. Seymour Knox, age ican. First, I have asked Congress to pass a college will now be free. And the very few 70, died on May 22, 1996, at his home in $10,000 tax deduction to help families pay for states that have tuition above the amount East Aurora, New York, after a long the cost of all education after high school— that we can afford to credit, I would chal- battle with cancer. $10,000 a year. (Applause.) lenge those states to close the gap. We’re Like his father before him, Seymour Today I announced one more element to going to take care of most of the states. The complete our college strategy and make rest of them should help us the last little Knox created a lasting institution for those 2 years of college as universal as 4 way. the city of Buffalo by which he shall be years of high school—a way to do it, by giv- Second, it will offer free tuition and train- remembered. For the father, this was ing families a tax credit targeted to achieve ing to every adult willing to work for it. No- the Albright-Knox Art Gallery. For the that goal and making clear that this oppor- body now needs to be stuck in a dead-end job son, it was the Buffalo Sabres hockey tunity requires responsibility to receive it. or in unemployment. And finally, this plan team. Seymour, in cooperation with We should say to Americans who want to will work because it will go to people who, his brother Northrup, led an investor go to college, we will give you a tax credit to by definition, are willing to work for it. It’s pay the cost of tuition at the average com- group that acquired a National Hockey America’s most basic bargain. We’ll help cre- League Franchise in 1969. For over a munity college for your first year, or you ate opportunity if you’ll take responsibility. can apply the same amount to the first year This is the basic bargain that has made us a quarter century, the Sabres have made in a 4-year university or college. We will give great Nation. the long winter a bit more enjoyable you the exact same cut for the second year, I know that here at the reunion weekend for the people of Buffalo, and with the but only if you earn it by getting a B average the Class of ’46 has celebrated its 50th re- recent completion of the Marine Mid- the first year. A tax deduction for families to union. And I want to just mention them one land Arena, Seymour Knox has assured help them pay for education after high more time. Many members of the Class of ’46 that this alliance will long continue. school; a tax credit for individuals to guar- fought in the second world war. And they antee their first year of college and the sec- Apart from his interest in hockey, came home and laid down their arms and Seymour Knox was a leading invest- ond year if they earn it. took up the responsibility of the future with This is not just for those individuals, this the help of the G.I. Bill. That’s when our Na- ment executive at Kidder Peabody and is for America. Your America will be strong- tion did its part simply by giving them the Co., and active in the community. He er if all Americans have at least 2 years of opportunity to make the most of their own was chairman of the Buffalo Fine Arts higher education. lives. And in doing that, they made Ameri- Academy, the body which oversees the Think of it: We’re not only saying to chil- ca’s most golden years. dren from very poor families who think they gallery created by his father, and was would never be able to go to college, people The ultimate lesson of the Class of 1946 also named chairman of the Smithso- who may not have stellar academic records will also apply to the Class of 1996 in the 21st nian Associates in 1984. He was also ac- in high school, if you’re willing to work hard century. Because of the education you have, tive in the Buffalo YMCA, the U.S. and take a chance, you can at least go to if America does well, you will do very well. Squash Racquets Association, and the If America is a good country to live in you your local community college and we’ll pay Seymour H. Knox Foundation. He will for the first year. If you’re in your 20s and will be able to build a very good life. So I ask you never to be satisfied with an long be remembered as someone who you’re already working, but you can’t move cared deeply about the city of Buffalo ahead on a high school diploma, now you can age of probability for only the sons and go back to college. If you’re a mother plan- daughters of Princeton. You could go your and who used his standing in the com- ning to go to work, but you’re afraid you own way in a society that, after all, seems so munity to improve the lives of count- don’t have the skills to get a good job, you often to be coming apart instead of coming less citizens. can go to college. If you’re 40 and you’re wor- together. You will, of course, have the abil- Seymour Knox will be fondly remem- ried that you need more education to sup- ity to succeed in the global economy, even if bered by his wife, Jean; his brother, you have to secede from those Americans port your family, now you can go part-time, Northrup: his three sons, Seymour IV, you can go at night. By all means, go to col- trapped in the old economy. But you should not walk away from our common purpose. W.A. Read, and Avery F.; his daughter, lege and we’ll pay the tuition. Helen K. Keilholtz; and five grand- I know this will work. When I was the gov- Again I will say this is about far more than ernor of my home state, we created academic economics and money. It is about preserving children. We offer our condolences and challenge scholarships that helped people the quality of our democracy, the integrity prayers to his family. who had good grades and who had good be- of every person standing as an equal citizen I ask unanimous consent that the havior to go to college. But my proposal before the law, the ability of our country to text of an article from the Buffalo today builds mostly on the enormously suc- prove that no matter how diverse we get, we News be printed in the RECORD. cessful HOPE Scholarships in Georgia, which can still come together in shared community There being no objection, the mate- guaranteed any student in the state of Geor- values to make each of our lives and our rial was ordered to be printed in the family’s lives stronger and richer and better. gia free college as long as they had a B aver- RECORD, as follows: age. This year those scholarships are helping This is about more than money. [From the Buffalo News, May 23, 1996] 80,000 students in the state of Georgia The older I get and the more I become alone—including 70 percent of the freshmen aware that I have more yesterdays than to- SEYMOUR KNOX III LEAVES LEGACY TO THE class at the University of Georgia. morrows, the more I think that in our final COMMUNITY HE CARED FOR In recognition of Georgia’s leadership, I hours, which all of us have to face, very rare- Seymour H. Knox III was born to wealth, have decided to call this proposal America’s ly will we say, gosh, I wish I’d spent more and he put it to good use for his community. HOPE Scholarships. And I want to thank the time at the office, or if only I’d just made a Like his father before him, Knox left Buffalo Governor of Georgia, Zell Miller, who devel- little more money. But we will think about an institution that will forever bear his oped this idea. I also would like to recognize the dreams we lived out, the wonders we mark. In his father’s case, it was a nation- him—he came up here with me today—and knew when we were most fully alive. This is ally known art gallery. In his case, it is a na- thank him for the contribution that he is about giving every single, solitary soul in tionally famous sports team. Buffalo is rich- now going to make to all of America’s fu- this country the chance to be most fully er for both of them. ture. alive. And if we do that, those of you who To say it simply, Buffalo needs more peo- Governor Miller, where are you? Would you have this brilliant education, who have been ple like Seymour H. Knox III. His death please stand up? Here he is. Thank you. gifted by God with great minds and strong Wednesday, from cancer, came a few days Let me say, as all of you know, money bodies and hearts, you will do very well and after the public got its first look at the Ma- doesn’t grow on trees in Washington, and you will be very happy. rine Midland Arena, which Knox worked ar- we’re not financing deficits anymore. I’m In 1914, Woodrow Wilson wrote as Presi- duously to bring into being. It will be the proud to say, as a matter of fact, for the last dent, ‘‘The future is clear and bright with new home of the Buffalo Sabres major-league 2 years our budget has been in surplus, ex- the promise of the best things. We are all in hockey team, his hard-won creation and his cept for the interest necessary to pay the the same boat. We shall advance and advance enduring contribution to his home town. debt run up in the several years before I be- together with a new spirit.’’ I wish you well, More than one friend and more than one came President. So we are doing our best to and I pray that you will advance, and ad- fan will express regrets that Knox did not pay for these programs. And this program vance together with a new spirit. live to see the day when his team would will be paid for by budgeted savings in the God bless you and God bless America. (Ap- skate onto the ice of the new arena. But at balanced budget plan. We cannot go back to plause.) least he knew it would happen. S5748 CONGRESSIONAL RECORD — SENATE June 4, 1996 Through the efforts of Knox and his broth- The School Lunch Act was passed not Act in its current form could actually er, Northrup, the Buffalo franchise in the as an act of charity, not even as a mat- reduce U.S. security. I reach this con- National Hockey League was secured in 1969. ter of educational efficacy, but as a clusion based on a review of four key From the beginning to this death, Seymour matter of national security after aspects of a national missile defense Knox III was chairman of the partnership that owned the team. Most of the time he shocking numbers of young men failed system: was also president of the team. their physicals in World War II because First, the nature of the threats that Titles aside, the hockey-loving public of preventable, nutrition-related ill- the United States faces today and will knew Knox simply as the one who got the nesses. likely face 10 years from now. team for Buffalo and served as its head man Last year, Department of Agriculture Second, the technological implica- through the years. He was the guy in the updated Federal regulations to require tions of building a system today versus gold seats a few rows above the Sabres’ school meals to meet the Federal die- in the future. bench. Third, the question of affordability. Knox also kept the team here. In an age tary guidelines for Americans. The re- when professional owners change cities at an sulting Schools Meals Initiative for And fourth, the impact on existing alarming rate, Knox was loyal to Buffalo Healthy Children will make a good pro- arms reduction treaties. even though its comparatively small market gram even better. On all counts, the available evidence might have made other pastures seem Recognizing that simply adopting weighs against deployment of a na- greener. The point of the new arena is to policies does not always guarantee tional missile defense system in the make the team financially strong, securing change, the Clinton administration near term. Consider the threat. Since it for Buffalo for the foreseeable future. launched Team Nutrition in June 1995 the fall of the Berlin Wall and the col- Knox’s vision made the Marine Midland to unite public and private organiza- lapse of the Soviet Union, we have wit- Arena possible. His legacy will be the excit- nessed a remarkable reversal in the ing hockey games of the future—games that tions in promoting healthful dietary will help make Buffalo a better place to habits through schools, community or- arms race and, as such, the nature of spend the winter. ganizations and the media. This the nuclear threat to America. The So- Knox was also important to Buffalo for nu- groundbreaking measure also provides viet nuclear arsenal, over 13,000 nuclear merous other civic endeavors. Those in- the training, technical assistance, and weapons strong at the height of the cluded the chairmanship of the Buffalo Fine nutrition education that are critical to cold war, will be reduced to about 3,500 Acts Academy, governing body of the the School Meals Initiative’s successful weapons under START II. By any Albright-Knox Art Gallery, which, to a great measure, this adds up to a more secure degree, was his father’s gift to Buffalo. The implementation. gallery’s most distinguishing feature is its Last fall marked the introduction of America. modern art collection put together with care the Team Nutrition Schools Program, Today, instead, the ballistic missile by the late Seymour H. Knox Jr. which brings together teachers and threat can be summed up in three sce- His son’s contribution is less genteel, but a principals, schools and families, com- narios: An accidental attack by land- community needs many aspects to its life. It munity leaders and school food service based ICBM’s from Russia or China, an is richer for both of these gifts. professionals to work for healthier unauthorized attack by a Russian sub- From the start, the hockey team has marine, or a very limited attack by a played at Memorial Auditorium, Buffalo’s school meals. aged indoor sports place, now slipping into This fall, the USDA will build on the rogue nation such as North Korea or retirement. success of Team Nutrition by providing Iraq. Note, since we are addressing mis- At the last Sabres game in the Aud a bit every school district with the help they sile defenses, that I am referring to more than a month ago, Knox was given a may need to make sure the meals they missile threats. This is not to suggest prolonged ovation by a capacity crowd. Fans serve their students meet the Federal that other means of delivery are any know why the Sabres exist. They let it show. dietary guidelines. I’m proud to have less threatening, whether trucks, ships, Knox gave a short speech, closing with the aircraft, or even suitcases. I also con- words: ‘‘Farewell, old friend.’’ sponsored the amendment that will en- Buffalo people can repeat those words able the USDA to get that information sider the threat of biological or chemi- today. and assistance out to schools ahead of cal attack as more likely if not more f their original target date. devastating than nuclear attack. Our Nation has done much to allevi- The Russian and Chinese missile at- THE 50TH ANNIVERSARY OF NA- ate childhood hunger and malnutrition tack scenarios are nothing new—we TIONAL SCHOOL LUNCH PRO- in the 50 years since President Truman have lived with such threats for dec- GRAM signed the National School Lunch Act. ades. But the third threat is in my Mr. DASCHLE. Mr. President, today Rickets and other nutrition-related ill- mind the most problematic in the long marks the 50th anniversary of one of nesses that once were common among term. While worst-case United States the smartest investments this Nation poor children in this Nation are now intelligence estimates forecast that has ever made, the National School mercifully rare because we channelled North Korea may be only a few years Lunch Program. the will and resources of this great Na- away from deploying ICBM’s that can In 1943, Winston Churchill said that tion against them. reach portions of Hawaii and Alaska, ‘‘there is no finer investment for any But the challenge is not ended. Every other potentially hostile nations are at community than putting milk into ba- month, 5 million children go hungry in least a decade away from such a capa- bies.’’ That sort of inspired investment this country. One out of every eight bility. Although their direct purchase is what the School Lunch Program is children under the age of 12. So today, of long-range missile components or about. The only nutritious meal some as we celebrate 50 years of success with systems is always possible, the balance children eat in a day, a school lunch the School Lunch Program, let us re- of evidence suggests that it would be can help to lengthen attention span, member these children and recommit premature to commit to a near-term increase learning capacity and dra- ourselves to seeing that they, too, are defense capability when we’re not even matically improve overall health. able to share in the abundant blessings sure when, whether, and how the threat The School Lunch Program currently of our land. will develop. operates in 95 percent of our Nation’s f The Defend America Act calls for de- schools and serves 26 million children ployment by 2003, or 8 years out. It each school day. It is a remarkable suc- NATIONAL MISSILE DEFENSE may seem as though we’re splitting cess, and I urge my colleagues to join Mr. ROBB. Mr. President, I wasn’t hairs, but this is an important distinc- me in commending the people who able to get to the floor during the time tion between those trying to mandate a make that success possible, from the set aside during debate on the Defend date certain for deployment, and those people at the USDA who run the pro- America Act, but it’s an important willing to invest responsibly and de- gram, to the State and local nutrition- topic and I would like to address it ploy after the technology has proven ists who plan the meals and the school now. itself and the threat is closer to the ho- food service workers who serve them to Mr. President, we all want to defend rizon. our children. Each of them is helping America and I yield to no one in my Consider the technological implica- to make our country stronger and commitment to a strong national de- tions of building a system today versus healthier, and we thank them for it. fense, but I believe the Defend America at the turn of the century or later. I June 4, 1996 CONGRESSIONAL RECORD — SENATE S5749 supported funding in the eighties for cal of those willing to deliberately con- States, they could simply deploy more what was referred to as the strategic strain America’s ability to defend its MIRV’d ICBM’s at a lower cost. Indeed, defense initiative. But then as now, in citizens against missile attack. But if the United States did decide to uni- the absence of a new and compelling missile defense advocates needed to laterally deploy national defenses threat on the order of a reinvigorated meet two tests: the first, generally re- without first reaching an agreement Soviet Union, what is the driving force ferred to as arms race stability; the with the Russians, it would be an en- to lock into today’s technology? My second, crisis stability. tirely rational and appropriate re- Republican colleagues seem to believe Arms race stability refers to a situa- sponse for Moscow to forgo START and that we can set a completion date, tion between armed nations where retain or build more of its most cost-ef- spend huge sums of money on the prob- there are few incentives for a vicious fective countermeasure—MIRV’d lem, and magically achieve a fix. How cycle of tit-for-tat weapons deploy- ICBM’s. We could again face a Russian easily we forget the optimistic projec- ments. In an unstable setting, the de- arsenal of over 11,000 warheads. tions for the performance of the Pa- ployment of a system by one side is We could easily push the Russians to triot missiles in the gulf war, and of met by the same or more deployments reverse course and hold onto or even the x-ray laser that was inaccurately by the other side, which in turn is produce more of their most formidable touted in the eighties as the definitive countered by more deployments by the MIRV’d ICBM, the SS–18—a missile solution for knocking down hundreds first side, and so on ad infinitum. that we spent enormous diplomatic of missiles and warheads. The chal- Historically, the nation facing an ex- capital to have dismantled. The cold lenge for hitting a bullet with a bullet panded threat might respond with new war SS–18 force of over 300 ICBM’s is not less daunting today than in the offensive capabilities, better defenses, housed roughly 3,000 large, highly accu- past. We cannot simply dictate a solu- or both. But in the case of missile de- rate nuclear warheads. Its capability to tion. fenses, the technologies available in devastate the United States ICBM But even if we could achieve the the sixties and seventies for intercept- force created much anxiety during the technology in the near term, what are ing incoming nuclear warheads with cold war, primarily because it gave the the costs over the long run if we buy nonnuclear interceptors were proving Soviets an incentive to launch a dis- today, discover that the technological very costly. And with the introduction arming first strike in the midst of a window has again been broken through, of so-called MIRV’d ballistic missiles crisis with the United States or NATO. The choice is a stark one: on the one and then turn around and buy anew in in the 1960’s—where several nuclear hand, a United States national missile another 5 or 6 years? If we ever expect warheads could be placed on a single defense that could handle limited at- to achieve a balanced Federal budget, missile and targeted independently— tacks from many potential threats, but it won’t be through impetuous, impul- offensive nuclear forces became, by would be incapable of defeating a sive buying of an extremely expensive comparison, quite inexpensive. The major Russian attack because the Rus- system. cost to deploy one additional nuclear sians respond by maintaining a Which leads me to the issue of afford- warhead on a MIRV’d ICBM was sig- daunting arsenal of MIRV’s; and on the ability. A range of numbers are thrown nificantly less than the cost of the other hand, a Russian devoid of its around as estimates of the costs for a many interceptors and related sensors most devastating threat to our coun- national missile defense. CBO recently required to destroy that warhead. try—its large, MIRV’d, highly accurate came out with an estimate of $60 bil- By this dynamic, it was convincingly ICBM’s. On this point alone, I would lion which has been widely reported in argued by ABM Treaty proponents, any oppose pushing legislation that would the press. But we all should acknowl- United States attempts to deploy cost- tell the Russians we plan to violate the edge the great uncertainties in this ly strategic defenses would be met by ABM Treaty by the year 2003. This type of estimation. A small change in even less costly Russian deployments seems especially shortsighted since the assumptions about the accuracy of of more nuclear warheads that could we’re not even sure the technology will our sensors, or the probability of kill of simply overwhelm the defenses. This be available by then even if we double our interceptors, or whether the threat situation would have been highly un- the national missile defense budget. uses decoy or maneuvering warheads, stable from an arms race perspective. We used to also consider the issue of can change the final cost estimates by Assisting the offense in this equation arms race stability in the context of an order of magnitude. I’m willing to was the possibility of deploying on other potential threats today. Here na- put tens of billions into an effective, ICBM’s hundreds of decoys and radar- tional missile defenses show more limited national missile defense. But I reflecting chaff along with the nuclear promise. cannot condone pouring billions of the warheads to confuse the U.S. intercep- A single nuclear weapon can trans- taxpayer dollars into an unproven ca- tors and their sensors. form a minor nation into a serious re- pability whose costs could explode and During the 1980’s, technologies had gional power overnight. The most obvi- needlessly drain other vital defense advanced, improving the prospects for ous example is Iraq. Initial margins of programs. more cost-effective defenses. Particu- public and congressional support for But for those Senators who believe larly promising were space-based sys- the United States deployment to the the threat is imminent, and that the tems which could destroy ICBM’s dur- gulf were slim. But if Saddam Hussein technology is achievable in the near ing their early flight before they de- had possessed a working nuclear device term, and that the costs will be reason- ployed their warheads, and lasers when Iraq invaded Kuwait, some argue able, I urge them to carefully consider which showed potential for engaging that the United States would have what the Defend America Act would many targets in a short period. And yet steered clear of the gulf. mean for existing and future arms con- despite over $35 billion in R&D expendi- For those rogue nations considering trol agreements. Many Senators today tures since President Reagan launched entry into the nuclear club, the exist- have pointed out that the act antici- the Strategic Defense Initiative in 1983, ence of even a limited but effective pates a breach of the ABM Treaty, and it would still appear that—at least in U.S. missile defense capability, wheth- that it could undermine the START the case of Russia and perhaps China— er for theater or national defense, cre- process. But we need to understand in the incremental cost for the offense is ates a disincentive for embarking on more detail the value of these treaties lower than for the defense. the economically and diplomatically and why their erosion or loss could ac- START II, still awaiting Russia’s costly path of nuclear development. tually decrease America’s security. Mr. ratification, will not only reduce Rus- Granted, missile defenses will not stop President, I would like to address this sia’s nuclear arsenal to about 3,500 war- the rogue leader from delivering a matter in some depth. heads, but, of equal importance, the weapon via truck, ship, aircraft, cruise Let’s first step back to the years be- treaty requires the elimination of land- missile, or even a suitcase, but his in- fore the 1972 ratification of the ABM based MIRV’d systems. If the United ability to deliver a rapid missile strike Treaty, when the debate over missile States decides to deploy national mis- against the United States or allied defenses was in full force. Those op- sile defenses early in the next decade forces in the theater or U.S. civilians posed to any kind of limits on missile and the Russians want to maintain in North America helps dampen his en- defense deployments were highly criti- their ability to target the United thusiasm for nuclear development, or S5750 CONGRESSIONAL RECORD — SENATE June 4, 1996 for that matter biological or chemical if we and an opponent deploy extensive the dollar of these programs is self-evi- weapons development. national missile defenses. dent and I will not advocate them fur- Next, examine the nation with a We are now less concerned, of course, ther here. Let me just add that we fledgling or modest nuclear arsenal, or about a tense United States–Soviet should not lose sight of an equally biological or chemical weapons. Many standoff, which hopefully will remain troubling delivery system, such as a of these nations, such as North Korea in the ashheap of history—assuming truck, ship, aircraft or suitcase, that or China, not only have weapons of Yeltsin fends off a Communist revival. could be used to transport a nuclear, mass destruction, but have or will soon Other nuclear powers are a different biological or chemical weapon to or have the means for delivering them to story. Clearly U.S. missile defenses near our territory or military forces. If United States territory. A U.S. na- would play a useful role in controlling we are not balanced in our responses to tional missile defense could help deter escalation in a crisis or conflict with a all means of delivering weapons of such nations from pursuing and pro- lesser nuclear power, who could not mass destruction, we invite a hostile ducing more longer-range ballistic mis- confidently hold a U.S. city hostage in regime to take the path of least resist- siles. the face of U.S. missile defenses. ance and simply bypass our multibil- As the Russian and United States nu- Another component of crisis stability lion dollar missile defenses. I applaud clear inventories shrink dramatically involves dynamics that are beyond the Senator NUNN’s initiative to broaden under START, China could see an op- control of rational leaders, such as an the scope of the national missile de- portunity to become a peer in the nu- accidental or unauthorized launch, or fense legislation to consider all strate- clear superpower league by deploying a an attack whose origins are unclear, or gic weapons and means of delivery. hundred or so MIRVed ICBM’s, each a minor attack that is misinterpreted Third, we need to continue to achieve with 10 or so MIRV’s. The technology as a major one. Here, too, missile de- a theater missile defense capability and costs to do so would not be prohibi- fenses can add to crisis stability by quickly, but avoid spreading ourselves tive. But with a capable national mis- providing the option to defeat these too thinly. We’re spending a great deal sile defense, the United States could, in limited attacks before a commitment of money on several theater systems part, deter Beijing from pursuing su- is made to launching a major when in reality nothing will be fielded perpower nuclear status. counterstrike. for years, and we’re uncertain if one or Well what about crisis stability? On balance, the Defend America Act more approaches will ever fully work Crisis stability refers to a situation gets a mixed review from an arms race or be highly cost-effective. I was skep- where the antagonists in a crisis do not and crisis stability standpoint. My tical of the optimistic estimates of Pa- have powerful military motivations— overriding concern, however, is that triot performance prior to the gulf war, quite independent of their political and the advantages of a national system— and not surprised when we learned that diplomatic incentives—to launch a pre- even in the context of a rogue nation, early news reports had grossly over- emptive attack. Imagine two warships accidental, or unauthorized attack—do stated its performance during the war. sailing side by side—guns trained on not outweigh the consequences of un- My fourth recommendation, there- each other—tensely anticipating the dermining START and engendering ex- fore, is to expend considerable re- initiation of a battle. If each captain tensive Russian MIRVed ICBM re- sources on the most mature theater knows he can fire a first shot and sink deployments. system, PAC–3, to demonstrate that we the other ship before his opponent can The Russians have made it very clear can achieve a basic capability against even get off a shot, then the situation that unilateral United States abroga- a moderate threat. By moderate threat is unstable. tion of the ABM Treaty, as anticipated I mean a limited attack by missiles On first inspection, missile defenses by the Defend America Act, will force that were not specifically designed to would seem to have lent stability to Moscow to forgo START II ratification. defeat our defenses with decoys, ma- the United States-Soviet nuclear This is not mere rhetoric. Russia’s neuvering reentry vehicles, and the standoff during the cold war. Like the heavy MIRVed ICBMs give Moscow its like. If we successfully conclude this two warships, one side would be less in- best ‘‘bang for the buck.’’ The Russian mini-Manhattan Project, we can accel- clined to attack the other knowing military is strapped for cash and can erate the other technologies to achieve that the first attack would be diluted barely afford modernization of its stra- the kind of layered defenses that would by defensive systems and then met by tegic nuclear forces. If Russia’s strate- greatly improve overall missile defense a destructive counterattack. But pro- gic position vis-a-vis the United States performance. ponents of the ABM Treaty saw things is undermined, it would be perfectly ra- Fifth, we should create an architec- differently. What if during that first tional as I stated earlier for Moscow to ture that could be expanded into space strike, the attacker could not only renege on START. at a later date if merited by the threat, overwhelm the opponent’s defenses and In light of these concerns, I cannot but stick to ground and airborne sys- destroy most of them, but also destroy support the Defend America Act in its tems for now. This means that as we much of his offensive arsenal in the current form. We should not pass legis- make decisions on the optimal tech- process? lation which mandates deployment of a nologies for national defense intercep- In this scenario, the attacker still national missile defense by 2003, and tors, sensors, and communications sys- has his defenses in place and many of- requires the President to renegotiate tems, we ensure that they are compat- fensive weapons that allow him to hold the ABM Treaty to ease its restrictions ible with future, more robust tech- the opponent’s cities hostage, while his on the development of such a system. nologies and systems. opponent can only respond with a As my Democratic colleague from Ohio Sixth, we need to work with the Rus- handful of surviving weapons. ABM has noted, we can no more dictate the sians to amend the ABM Treaty to Treaty proponents concluded that, by development of an unproven tech- allow for mutual tiered expansion of creating an inviting incentive to strike nology than to mandate a cure for can- missile defense systems. In other first, national missile defenses could in cer. And we cannot unilaterally re- words, after we’ve proven a basic sys- fact increase the odds for nuclear con- negotiate a major treaty. tem that fits within the treaty’s con- flagration. I believe a more measured approach straints, and after we’ve achieved key Today, the advent of more capable is needed. First, we need to continue research milestones on a more expan- defensive technologies suitable for de- basic research on national missile de- sive system, we should then be able to ployment in space could only exacer- fenses at the requested level and in approach the Russians for joint ap- bate the advantage for the first striker, compliance with the ABM Treaty. This proval of testing or deployment of the simply because many of the large and means no space-based systems or next tier of defenses. vulnerable defensive assets in space space-based tracking in an ABM mode. The Russians might decide to go would be easier to detect and destroy Second, we should continue to vigor- along with the next phase even if they than the warheads they’re meant to ously pursue programs, such as Nunn- have not reached the same capability, intercept. As long as defensive systems Lugar, that will reduce the prolifera- or ask for a delay in the joint approval are vulnerable themselves to attack, tion of weapons of mass destruction to give them time to reach some sort of we will incur a crisis stability problem and related technologies. The return on parity in defensive capability. We June 4, 1996 CONGRESSIONAL RECORD — SENATE S5751 might even want to permit Mr. BROWN. Mr. President, I ask credit or a $10,000 tax deduction. It asymmetries in a modified ABM Trea- unanimous consent that the order for would be their decision as to which op- ty or START III, where the Russians the quorum call be rescinded. tion better suited their needs. would be allowed relatively more offen- The PRESIDING OFFICER (Mr. With respect to the proposed $10,000 sive capabilities as the United States KEMPTHORNE). Without objection, it is tax deduction, I am especially pleased deploys national defenses. so ordered. that the administration has refined its At each step, we could consider any The Senator from Colorado is recog- original proposal. It will now be tar- requests by the Russians for assistance nized. geted to hard-pressed middle-income to improve their own defenses. Al- (The remarks of Mr. BROWN and Mr. wage earners. These are the very fami- though I am not convinced such assist- MCCAIN pertaining to the introduction lies who today find that paying for ance would be in our best interests, of S. 1830 are located in today’s RECORD their children’s education is increas- this might be a small price to pay if we under ‘‘Statements on Introduced Bills ingly beyond their financial reach. want to deploy national defenses and and Joint Resolutions.’’) The other proposal to which I am keep the ABM and START Treaties f drawn is the President’s proposed 33- alive. PRESIDENT CLINTON’S HIGHER percent increase in the maximum Pell A good initial step, as proposed by EDUCATION PROPOSALS grant over the next 7 years. For fiscal Senator NUNN in the context of his sub- year 1997, the President has already Mr. PELL. Mr. President, as one who stitute amendment, is for both sides to proposed increasing the maximum has spent much of his Senate career agree to rescind the 1974 Protocol to grant from $2,470 to $2,700, a 1-year in- seeking to broaden and expand edu- the ABM Treaty, which reduced the crease of almost 10 percent. And, ac- cational opportunity, I want to com- number of national missile defense cording to today’s announcement, the mend President Clinton for the edu- sites allowed by the original treaty maximum grant would continue to re- cation proposal that he today placed at from two to one. If we try to deploy a ceive yearly increases, and would reach the forefront of his domestic agenda. I ground-based national defense system a maximum award of $3,128 by fiscal also take special pride in the fact that constrained to one site, we are looking year 2002. he set forth his proposals in his com- at an inordinate inefficient and there- Unfortunately, the proposal will not fore expensive system. mencement address at Princeton Uni- versity, which is my alma mater. redress the terrible imbalance between Allowing for space-based tracking in While we have not had the oppor- grants and loans that has become so an ABM mode also makes sense if each tunity to examine the package in any pronounced over the past decade and a side is interested in a more capable and detail, I am particularly drawn to two half. Where a deserving student’s finan- cost-effective limited national defense. of the President’s proposals. The first cial aid package was once 75 percent Another area that could prove win-win of these is the Hope scholarship plan. grants and 25 percent loans, today it is for both sides is construction of jointly Its thrust and purpose is most cer- the opposite—almost 75 percent loans manned, ground-based missile launch tainly consistent with my longstanding and only 25 percent grants. Yet, even detection centers near each other’s belief that we ought to guarantee 2 though the President’s proposal may ICBM fields. years of education beyond high school fall short of the mark, it is certainly a Finally, we have to engage the Chi- to every student who has the drive, de- welcome step in the right direction. It nese sooner rather than later on their sire, and talent. also stands in stark contrast to the growing nuclear arsenal. According to As I have said many times, the idea budget resolutions approved by both press accounts, China has deployed that 12 years of education is sufficient the House and Senate. They would CSS–3 and CSS–4 ICBMs, the latter of education for our young people is, freeze the budget authority for the Pell which are capable of reaching most of quite simply, an outmoded, turn-of- Grant Program. the continental United States. China the-century concept. As we approach In all candor, however, we should has also reportedly tested the CSS–4 the turn of a new century, it is truly take the President’s Pell grant propos- missile armed with MIRVs. Most re- high time that we discarded that no- als as only the first step. We ought to cently, the Washington Times reports tion. The vast majority of leaders in give it our careful and thoughtful con- that the Chinese are acquiring tech- the growth industries of our Nation sideration, and then do him one better nology from the Russian SS–18. It recognize that a skilled work force re- by enacting legislation that truly ad- would not require an inordinate quires at least 2 years of education be- dresses the enormous and growing debt amount of resources for China to de- yond high school. But while we have burden incurred by literally millions of ploy dozens of additional ICBMs with talked about trying to change an out- college students as they struggle to MIRVs, meaning possibly hundreds of dated policy, it is President Clinton pay for a college education. While I re- new warheads that could rain down on who has brought the talk to an end and alize I may sail against the political United States cities. laid out a plan to make the concept of winds, I continue to believe deeply that Now is the time to discourage the 14 years of education a reality. the Pell grant ought to be made an en- Chinese from embarking on an ambi- The Hope scholarship plan would pro- titlement, which would free it from the tious, and highly destabilizing, nuclear vide a $1,500 tax credit for the first pitfalls of yearly appropriations. arms build-up. That is why, Mr. Presi- year of education after high school, Mr. President, I believe deeply that dent, it is crucial that the United and another $1,500 for the second year education is a capital investment. States pursue trilateral negotiations if they worked hard, stayed off drugs, What we put into the education of our with Russia and the People’s Republic and earned at least a ‘‘B’’ average. It is children is returned to us many times of China on MIRVed ICBMs. I have a plan that would reward efforts and over. Every study we know shows that drafted a Sense of the Senate resolu- achievement, twin objectives with there is a direct relationship between tion related to this matter, and may which I strongly concur. more education and higher personal in- offer it during consideration of the fis- It is a plan that would make a tui- come. Better education means better cal year 1997 Defense Authorization tion-free education possible for 67 per- jobs, and better jobs mean a stronger Act. cent of all community college stu- and more vibrant economy. We must be With that, Mr. President, I reiterate dents. For students with financial careful, however, that the cost of an my opposition to the Defend America need, it would work in concert with the education and the debt undertaken in Act, urge a more measured approach Pell grant and further ease the burden getting it do not overtake us. and yield the floor. of paying for a college education. I welcome the President’s proposals. Mr. President, I yield the floor. I sug- While it would have its most pro- I applaud the initiative he has taken. I gest the absence of a quorum. found impact on students attending congratulate him for placing a priority The PRESIDING OFFICER. The community college, it would also be of on education. While we had little ad- clerk will call the roll. immense help to students pursuing a 4- vance notice of these proposals and vir- The bill clerk proceeded to call the year degree. Students and their fami- tually no time in which to mull them roll. lies could opt for either the $1,500 tax over, I hope very much that we will S5752 CONGRESSIONAL RECORD — SENATE June 4, 1996 give them careful and thoughtful con- Federal Constitution were opposed to 27, a lousy idea that did not work, fol- sideration, and that they will not be its adoption unless and until a more lowed by the repeal of this venture into overwhelmed by election year politics. explicit statement on the rights of man social policy. Mr. President, I suggest the absence was added to the Constitution. The fer- Another aspect of our Constitution of a quorum. vent belief that certain rights should which argues for restraint in amending The PRESIDING OFFICER (Mr. remain squarely within the province of this document is found in the Constitu- THOMPSON). The clerk will call the roll. the individual manifests itself in the tion in article V. Article V establishes The legislative clerk proceeded to Bill of Rights. two methods for amending the Con- call the roll. While the Bill of Rights was adopted stitution. First, the Constitution may Mr. FEINGOLD. Mr. President, I ask almost simultaneously with the Con- be amended by constitutional conven- unanimous consent that the order for stitution, becoming effective in 1791, tion. The second method allows the the quorum call be rescinded. what the Bill of Rights did was set a Constitution to be amended if approved The PRESIDING OFFICER. Without tone which on most subsequent occa- by two-thirds majority of both Houses objection, it is so ordered. sions has been followed. That tone was of Congress, and then, of course, rati- Mr. FEINGOLD. Mr. President, I ask that constitutional amendments fied by three-fourths of the States. unanimous consent I be allowed to should be reserved for response to These explicit methods for amendment speak as in morning business. shortcomings in our democratic way of were, in essence, a compromise be- The PRESIDING OFFICER. Without governance in general, not to attend to tween the unworkable unanimity re- objection, it is so ordered. the emotion or issue of the day each quirement for amending the Articles of f time. I think this is evidenced by the Confederation, one of the reasons that adoption, following the Civil War of IN DEFENSE OF THE we had a constitutional convention, the 13th, 14th, and 15th amendments. CONSTITUTION and the notion held by many of the These three amendments, much like Framers that some mechanism must Mr. FEINGOLD. Mr. President, I rise the Bill of Rights, spoke directly to the exist to address potential shortcomings today to speak about the U.S. Con- rights and equality of men, and ex- in the new Constitution. The com- stitution and what I believe is the es- tended to African-Americans rights promise that is embodied in article V sential need to exercise extreme re- previously that were denied to them, established a difficult but not impos- straint in regard to amending this denied to them under the original Con- sible standard for amendment which, great document. As recent articles in a stitution, and even under the original like the Constitution itself, I think, number of publications and newspapers Bill of Rights. has served this Nation very well. have pointed out, this Congress, Mr. Further, many of our constitutional While article V protects the people President, the 104th Congress, perhaps amendments deal directly with the from constitutional uncertainty and unlike any in recent memory, seems ability of citizens to participate in de- alteration based solely upon the will of intent on amending the U.S. Constitu- mocracy, they go to the very core of an ever-changing political majority, it tion. I do not question the sincerity of whether everyone can participate. The also provides an avenue for amendment those efforts. The history of our Con- 17th, 19th, 24th and 26th amendments when it is truly necessary. stitution and those amendments that improve citizen involvement in elec- The result of this has been to pre- have been adopted, as well as the mech- tions by allowing for the direct elec- serve the Constitution as it was in- anism crafted by the framers for adopt- tion of Senators, extending the fran- tended to be. With only 27 amend- ing amendments, counsels that caution chise to women, abolishing the poll ments, it remains a general statement govern any efforts to amend this great tax, and reducing the voting age. The of principles used to help define a new document, our Constitution. essence of democracy itself, Mr. Presi- nation, as opposed to a step-by-step Since its ratification in 1788, the Con- dent, is participation. These amend- method of governance. stitution of the United States has been ments fostered that fundamental ele- In so doing, I think article V has pre- the single greatest protector of individ- ment of our Nation. For that reason, I vented the U.S. Constitution from sim- ual rights known to man. It is superior think they were all probably appro- ply becoming littered with a flurry of to any of its predecessors, and has been priate uses of the unusual and unique well-meaning but unnecessary amend- the benchmark against which all other ability to amend the Constitution. ments. Article V has prevented the constitutions since adopted have been Mr. President, obviously there have Constitution from evolving into a doc- judged. Perhaps the greatest tribute to been other amendments albeit few ris- ument that would be almost unrecog- the U.S. Constitution, Mr. President, ing to the level of the importance of nizable in terms of length and scope to and the greatest tribute to those who the Bill of Rights and the Civil War the Framers, who drafted it over 200 drafted the document, is that in the 208 amendments. However, I have noted years ago. This is the really important years since its ratification, the people these not to argue their importance, thing, Mr. President, because it points of this Nation have only amended it on but to illustrate that throughout our out the fundamental distinction be- 27 occasions. This equates with only history most amendments to the Con- tween a Constitution and ordinary about one amendment every 7.7 years. stitution have been restricted to ad- statutes. However, Mr. President, this figure is dressing systemic problems with our There is a big difference in our sys- a little bit misleading when one looks Government—problems which actually tem. As I understand it, there is less of closely at the actual history accom- inhibit one’s ability to participate in a difference in the system in England. panying those 27 amendments. It be- the benefits of democracy. In other There, there is no written Constitu- comes obvious that those specific in- words, these have to do with basic er- tion; Parliament is supreme. Tech- stances where the people of this Nation rors or problems that have arisen in nically speaking, Parliament can pass have moved to amend their Constitu- our system that simply mean some- any law, and it then becomes the su- tion have actually been few and far be- body cannot participate fully in our de- preme law of the land. We have broken tween, and those efforts have typically mocracy. They have not, almost in that system. We chose to have a sim- only been in response to some fun- every case, been amendments that have ple, brief document that was greater damental deficiency or flaw in our to do with one particular issue at a than the legislature, that was greater democratic system of government. time that is dividing our country. than a parliament, that was greater As we look at the 27 amendments, Of course, on one glaring occasion we than a Congress. It is the notion of a Mr. President, for example, the first 10 did depart from this standard and we limited written Constitution. That is amendments to the Constitution, the adopted the ill-fated 18th amendment— the difference between us and the Eng- Bill of Rights, were adopted as part of the prohibition amendment. The result lish system. And, in fact, it was part of an agreement to actually garner sup- of this misguided venture into social the reason, in my view, why the revolu- port for the passage of the underlying policy resulted 14 years later in the tion was fought. Our citizens wanted a Constitution itself; 10 of the 27 were adoption of another amendment, 1 of document over which no legislative adopted at the very outset of our coun- the 27, the 21st amendment, which re- body had supremacy, except for in the try. Anti-Federalists who opposed the pealed prohibition. So that is 2 of the very unusual circumstances that were June 4, 1996 CONGRESSIONAL RECORD — SENATE S5753 outlined in article V, or a combination have had the honor of serving on the into this trap. This is not an attempt of a very significant supermajority of Senate Judiciary Committee for a lit- to suggest that it is only Democrats or Congress and very significant super- tle more than a year now, along with only Republicans. It is just very tempt- majority of States together would have the Presiding Officer. And in that time ing. But it is a mistake. to be the only ones that could ever the full committee has voted on three The Framers of the Constitution set amend that document. amendments to the Constitution, and, a very high standard for amendment As Prof. Kathleen Sullivan pointed in the near future, as many as four and explicitly intended that the Mem- out recently in an article cleverly enti- more may be forthcoming. bers of Congress play a significant role tled, ‘‘Constitutional Amendmentitis’’: To date in the 104th Congress, over in adopting any changes to our na- The very idea of a Constitution turns on 135 constitutional amendments have tional charter. In my estimation, Mr. the separation of the legal and the political been proposed. But what is more trou- President, this is a responsibility of realms. The Constitution sets up the frame- bling is that the 104th Congress has the highest order and not one we work of the Government. It also sets forth a voted on more amendments to the Con- should abandon. few fundamental political ideals (equality, stitution than any of its predecessors representation, individual liberties) that In fact, what separates the U.S. Con- place limits on how far any short-term ma- in recent history. The other body has stitution from many State constitu- jority may go. This is our higher law. All the voted on four amendments, while this tions, which can go so far as to protect rest is left to politics. body has voted on two and debated a the right to due process and the right Mr. President, let there be no doubt third. As the distinguished retired to fish in the same document, is that that had this standard that Kathleen Judge Abner Mikva wrote in the Legal the Congress and the people must rat- Sullivan very eloquently stated had Times recently, ‘‘The 104th Congress ify amendments. We should remain not prevailed throughout our history, has taken floor action on more con- mindful of the Framers’ intent and the the fundamental character of our Con- stitutional amendments than any obligations each of us is sworn to up- stitution would be greatly diminished other Congress in the last 30 years.’’ hold. In other words, we are not sup- today. I note that an amendment to require posed to kick out constitutional In the course of our history, it is es- a supermajority to raise taxes was amendments in the Congress and just timated that nearly 11,000 amendments brought to the House floor recently say let everybody decide on it. That is to the Constitution have been intro- solely because it was tax day—April 15. not what was intended. It was intended duced. Had not our predecessors and They knew they were not going to win that we should give it extremely close the standards embodied in article V on that vote. That was well known. It scrutiny, and in only very rare cir- combined to reject the vast majority of was brought to the floor simply so that cumstances should we send constitu- these efforts, it is uncertain what our proponents could stand up on tax day tional amendments out for ratification. Constitution might look like today. It, and make speeches. The thought that Mr. President, if adopted, the amend- obviously, would not look anything an amendment to the Constitution ments considered in the 104th Congress like the Constitution. You probably could be offered solely because it offers would signal the biggest single con- could not find anything in there that a good sound bite opportunity seems to stitutional remodeling since the Bill of the Founding Fathers had put to- be a little indefensible. I think it is a Rights. It is an effort which I believe is gether. It would not be, as Chief Jus- departure from the time when the unnecessary and ill conceived. It is cer- tice John Marshall argued, a frame- Framers met in Philadelphia, guided tainly not consistent with our history work of the great outlines of our soci- only by a tenuous opportunity to craft of constitutional amendment. ety. a framework to guide a new Nation. There can be little doubt that many So let us say that throughout our Throughout the course of many of great challenges lie before our Nation history people had proposed in each the debates on amendments, the argu- as we head toward a new century. How- legislative session and gotten through ment has been made that Congress ever, the Constitution cannot provide a constitutional amendment about should simply pass proposed amend- the courage or answers we need to things like school prayer or balancing ments and let the people of the Nation solve our problems, nor was it intended the budget, or flag burning—I am sure decide their fate. However, to do so de- to do so. Ultimately, the responsibility there would have been a variety of so- fies our sworn obligation to uphold the for this Nation lies with the people, the cial concerns that each session of our Constitution of this Nation. I fell into people in this Congress and the people Congress would have tacked onto the this trap here. I think many of my col- who send us here to do their work. Constitution. Let me tell you some- leagues know of my strong desire to For over 200 years the Constitution thing else because I believe in the see campaign finance reform in this has served this Nation well and it is es- whole Constitution. I think our first country. The way we do things around sential to the continuing development amendment would not look anything here, sometimes an amendment is of our young Nation that the Constitu- like it does today. I also think that the tacked onto another bill. On one occa- tion remain a statement of general second amendment to the U.S. Con- sion, I actually voted for a sense-of- principles. In charting a different stitution, which I believe in, and which the-Senate resolution that would have course, one which allows the Constitu- protects the right to bear arms, might started us down the road toward a con- tion to serve as the method of address- not be there either. stitutional amendment that would ing each difficult challenge that faces See, that is what happens when you have overturned Buckley versus Valeo. this Nation, inevitably we sacrifice the start down this road. When anybody It would have limited how much could integrity of this document. gets a bright idea, instead of trying to be spent in campaigns. I understand We will lose the fundamental integ- pass a bill that can be changed without how people feel when they are frus- rity of the Constitution which I believe going through the constitutional proc- trated and want to turn to a constitu- underlies everything we do. ess, somebody says, ‘‘Let us do a con- tional amendment. I think I made a We must guard against the U.S. Con- stitutional amendment.’’ Well, that is mistake, and I would not vote that way stitution becoming what James Madi- the greatest threat to our basic lib- now because I realize that everybody son feared would be little more than a erties than anything we can do legisla- has a bright idea about how to change list of special provisos. tively—whether it be the right to free the Constitution. We need to find a I hope that as we continue our work speech or a person’s right to simply way to solve our problems and do our here in this highly political year we have a firearm if they want to go hunt- job without messing up the fundamen- will bear Madison’s concerns in mind ing. Somebody could try to get rid of tal document that has helped make as well as the history surrounding ef- that. If we go down this road, there is this country so great. So this session I forts to amend the Constitution. It is a no end to it. am working on legislation, along with history worth following. A history It is with this Nation’s reluctance to the Presiding Officer, where through which defines not only the nature of amend the Constitution in mind that I the legislative process we will try to this great document but also defines rise today to voice my concern that the change the campaign system without the fundamental character of this Na- lessons of our constitutional history changing the U.S. Constitution’s first tion. It is a history which has helped to have been lost in the 104th Congress. I amendment. So all of us have fallen ensure that this simple, yet brilliant, S5754 CONGRESSIONAL RECORD — SENATE June 4, 1996 document has remained the corner- It was part of the defense authoriza- That does not make sense. Maybe it stone of our freedoms. The spate of tion bill that we passed last year that makes good politics, but it does not constitutional amendments considered unfortunately President Clinton ve- make good policy. during this Congress are at odds with toed. He vetoed it for whatever reason. Mr. President, the threats are real, this important precedent. I think in the campaign he continued and they are growing. It is clear that By departing from the fundamental to refer to the strategic defense initia- ballistic missile threats to the United notion that our Constitution estab- tive, star wars. But for whatever rea- States are growing from a couple of lishes the framework or the great out- son, he leaves us defenseless against in- sources, unauthorized or accidental lines of our society and seeking to use coming intercontinental ballistic mis- ballistic missile attacks from Russia it to address specific problems, the siles, missiles that could have a nu- and China and also from small dicta- Constitution will become something clear warhead, missiles that could have torships now fielding missile forces. less than it was intended to be. We a chemical warhead or a biological We may no longer think in terms of should quell our desire to amend this warhead. Right now we do not have de- having to defend ourselves against a great document and address the prob- fense capabilities. massive Soviet missile attack. Yet po- lems that confront this Nation. Al- Regrettably, the vote today was al- litical instability and political uncer- though they are many, none can truly most straight party line. We had all tainty in Russia and China emphasize be attributed to a constitutional defi- Republicans vote in favor of taking up the need to guard against a possible ciency. this legislation. One Republican Sen- unauthorized or accidental missile Mr. President, I suggest the absence ator was necessarily absent. We had launch. of a quorum. I yield the floor. one Democrat, Senator HEFLIN, that China has proven willing to threaten The PRESIDING OFFICER. The voted for it. I compliment Senator the use of ballistic missiles for politi- clerk will call the roll. HEFLIN. I hate to see him leave the cal and military blackmail, as shown The legislative clerk proceeded to Senate. He has been one of the Sen- during the Taiwan Strait crisis in call the roll. ators I think that shows courage on oc- March of this year. One month before Ms. MIKULSKI. Mr. President, I ask casion and says, ‘‘I’m going to do what Chinese military exercises and its unanimous consent that the order for is right for this country.’’ The Senator launching ballistic missiles into the the quorum call be rescinded. from Alabama, I compliment him for Taiwan Strait, a Chinese official The PRESIDING OFFICER (Mr. his vote. warned Charles Freeman, Deputy Chief ABRAHAM). Without objection, it is so What was right for this country was of Mission at the U.S. Embassy in ordered. voting for the Defend America Act. We Beijing, that ‘‘the United States would Ms. MIKULSKI. I thank the Chair. do need to develop capabilities to be not intervene on Taiwan’s behalf, be- (The remarks of Ms. MIKULSKI per- able to destroy incoming missiles that cause Americans would not be willing taining to the introduction of S. 1832 we do not have today. President Clin- to sacrifice Los Angeles on Taiwan’s are located in today’s RECORD under ton does not agree with that. And I am behalf,’’ as reported in the Los Angeles ‘‘Statements on Introduced Bills and going to go through a statement that Times on January 27, 1996, page 5. Joint Resolutions.’’) talks about what the Defend America Recently, lower level Chinese offi- Ms. MIKULSKI. Mr. President, I Act does, and what it does not do, and cials made a not-so-veiled threat to yield the floor and suggest the absence why it is needed. American officials. Winston Lord, As- of a quorum. The Defend America Act of 1996 sistant Secretary of State for East The PRESIDING OFFICER. The states clearly and simply the United Asia and the Pacific, quoted these Chi- clerk will call the roll. States should be defended against lim- nese officials as saying the United The bill clerk proceeded to call the ited, unauthorized or accidental ballis- States ‘‘wouldn’t dare defend Taiwan roll. tic missile attacks and calls for the de- because they’d [China] rain nuclear Mr. NICKLES. Mr. President, I ask ployment of a national defense system bombs on Los Angeles,’’ as reported in unanimous consent that the order for to protect America. the Boston Globe, March 18 of this the quorum call be rescinded. This bill does not violate any treaty. year. The PRESIDING OFFICER. Without It only urges the administration to ne- Other ballistic missile threats exist objection, it is so ordered. gotiate with Russia changes to the 1972 or are also on the horizon. More than 25 f Anti-Ballistic Missile Treaty to allow countries currently possess, or are for the deployment of an effective mis- seeking to acquire, weapons of mass de- THE DEFEND AMERICA ACT sile defense system. struction—namely, nuclear, chemical, Mr. NICKLES. Mr. President, I am If an agreement is not reached within and biological weapons. Many coun- going to speak on the Defend America 1 year after the bill is enacted, the tries that already have shorter range Act. First, let me state I am very dis- President and Congress are to consider ballistic missiles are seeking to ac- appointed that the Senate, one, had to withdrawing from the treaty, as pro- quire more sophisticated, long-range file a cloture motion, and, two, was un- vided under article 15 of the treaty. ballistic missiles. Rather than defend successful in obtaining cloture so we Why is the legislation needed? Cur- Americans, the Clinton administration could at least take up the Defend rently the United States is undefended. is rationalizing its inaction by hiding America Act, debate it, discuss it and We are defenseless against ballistic behind questionable intelligence esti- vote on it. missile attack. Most people are sur- mates. It is unfortunate the Democrats in prised and even shocked to hear this. While recent intelligence estimates the Senate today decided to filibuster They are of the mistaken belief that say that a new ballistic missile threat even moving to consider legislation the United States can defend itself to the United States will not appear for which would allow us to further de- against incoming ballistic missiles. the next 15 years, this analysis is velop systems capable of defending They are wrong. flawed for several reasons. First, it fo- America. Even right now we are de- While the United States remains de- cuses only on indigenous development fenseless against intercontinental bal- fenseless, Russia long ago recognized and assumes that international trade listic missiles. I want to compliment the value of missile defenses and de- does not exist. The Secretary of De- Senator DOLE for scheduling this for a ployed its own missile defense system fense, William Perry, recently admit- floor vote, I compliment the House of around Moscow. ted the intelligence community’s esti- Representatives for passing it, but I am In the ultimate irony, the United mate ‘‘could be foreshortened if any of displeased that the Senate was not able States is now assisting Israel in acquir- those nations were able . . . to get di- to consider this legislation. ing its own missile defense system to rect assistance from countries that al- It is unfortunate to think that we protect Israeli citizens. I wish the Clin- ready have [such systems], either send- need to have 60 votes just to move to ton administration could explain why ing them missiles, selling them mis- consider the Defend America Act. I am it will help Israel defend its citizens siles, or giving them important compo- happy to cosponsor this act. I think it against missile attack but refuse to nent or technology assistance.’’ That is good legislation, needed legislation. protect Americans against missiles. was in his statement before the Senate June 4, 1996 CONGRESSIONAL RECORD — SENATE S5755 Armed Services Committee on March 3 keep Americans safe from ambitious shocked if they realized we do not have of this year. leaders such as Iraq’s Saddam Hussein the capability to shoot down incoming In fact, Secretary Perry recently ac- and North Korea’s Kim Jong-il, who missiles. We need it. We have the tech- knowledged that, ‘‘We do have informa- are eagerly seeking to acquire more nology to develop it. It can be done a tion that China was seeking SS–18 weapons of mass destruction. lot more economically than the Con- technology from Russia.’’ That was The Clinton administration prefers gressional Budget Office said. It came May 22 of this year. The SS–18 is a to rely on cold war theories and an out- up with an estimate that said over the massive, 10-warhead ICBM. By inte- dated 1971 treaty to protect America. next 14 years it might cost $31 to $61 grating SS–18 technology into its cur- The Republicans’ Defend America Act billion. rent ICBM arsenal, China would great- provides a vision for the future where In our bill we said ‘‘affordable.’’ ly enhance the range and sophistica- the United States and Russia negotiate Frankly, if it costs $31 billion and you tion of its nuclear weapons capability. changes to the moribund 1972 Anti-Bal- do that over 14 years, that is a couple We should remember that China has listic Missile Treaty, commonly called of billion a year. I think that is a good sold ballistic missiles to other coun- the ABM Treaty, to allow for national investment. I think it would be done a tries and has exported missile tech- defense against the emerging threats lot more economically than that. nology to Iraq, Iran, and Pakistan. to both Russia and the United States Should we not make an investment? Is Second, the estimate that no new from Third World countries. Just like that not really what the Federal Gov- threat to the United States will appear the last guest lingering at a dinner ernment is all about, protecting our within 15 years focuses only on the party, the ABM Treaty has overstayed freedom, protecting our country, pro- continental United States. What about its welcome. tecting our people? When we find out Alaska? What about Hawaii? The Clin- Let us be very clear. Nothing in the we are defenseless against interconti- ton administration apparently prefers Defend America Act requires the Unit- nental ballistic missiles, we do not not to include the cities in these States ed States to withdraw from or violates have the capability to shoot them as part of our Nation, even though they the ABM Treaty. The act merely reit- down, do we not owe it to our country could be vulnerable to a North Korean erates that withdrawal from the treaty to invest in a system to destroy these attack in just a few years. In 1995, the is a legal option under the provisions of missiles before they get in our back- Acting Director of Central Intel- the ABM Treaty itself and urges con- yard? If you have a weapon such as a ligence, Adm. William Studeman, ac- sidering such withdrawal if negotiated nuclear warhead, it does not do any knowledged that ‘‘if Pyongyang has changes are not forthcoming within 1 good to destroy it over your city, be- foreshortened its development program year. Some of the statements that were fore it reaches the target. Then it is [of the Taepo Dong I or Taepo Dong II], made earlier today, I think, frankly, too late. It would maximize damage. If we could see these missiles earlier’’ are not the case, or maybe our col- it is biological, the same is true, as than 3 to 5 years. That was before the leagues have not read this legislation well as with a chemical weapon. You do Intelligence Committee on April 3, as closely as they should have. not gain anything destroying it just 1995. The imperative for deploying a na- before it hits the target. You need to Finally, intelligence estimates are tional defense system has never been destroy it well before it gets into your often wrong. Several years before more clear. Yet the Clinton adminis- backyard. Japan attacked Pearl Harbor, Maj. tration refused to take immediate We would like to have the oppor- George Fielding Elliot, author and steps to defend America. Last year, we tunity to utilize the technology ad- military science writer, declared, ‘‘A worked hard to include similar lan- vances that we have in this country to Japanese attack on Pearl Harbor is a guage in the 1996 DOD authorization be able to defend our country. Unfortu- strategic impossibility,’’ as quoted in bill, requiring the President to deploy nately, the Clinton administration and September of 1938. This prediction is by a certain date a missile defense sys- Democrats in the Senate, with one ex- chillingly similar to the ones we are tem to protect our country. President ception, have said ‘‘No, we are not hearing from critics of the Defend Clinton vetoed this bill largely because going to do it. We want to worship at America Act today. of this provision. So we passed the de- the altar of a treaty from 1972 that Looking at the situation today, while fense authorization bill without it. says we are not going to defend our- recent 1995 national intelligence esti- Now we try to pass it as an individual selves.’’ Now, the 1972 treaty does allow mates state, ‘‘We [the intelligence item. The Democrats unfortunately, you to have at least 100 interceptors, community] are likely to detect any with one exception, Senator HEFLIN and it also says you can renegotiate. indigenous long-range missile program from Alabama, said, ‘‘No, we do not That is really what we are saying we many years before development,’’ it want to consider it. We do not want to would do. We do not abrogate, we do was the same community that failed to debate it.’’ Mr. President, I think that not violate the ABM Treaty under the detect the breadth of Iraq’s nuclear is a sad day for our country. It bothers Defend America Act. I am bothered by weapons program. Once international me when I think of the fact that we the fact that our colleagues would play inspections were conducted after the had Americans lose their lives in Saudi politics with an issue so important as Persian Gulf war, it was revealed that Arabia during the Persian Gulf war be- defending American citizens. Iraq’s nuclear program was far larger cause a Scud missile came in and our I am bothered by the fact that this and more advanced than the United only defense capability at that time administration finds it politically ac- States intelligence community had was the Patriot antimissile defense. ceptable to develop anti-missile sys- predicted, and the inspections showed But the Patriot is a very limited de- tems for Israel, but not the United that Saddam Hussein was just months fense and was only partially successful. States. That bothers me. It bothers me away from deploying a nuclear bomb, It destroyed a couple of missiles that when I read statements by high-level not years, as the intelligence commu- were fired toward Israel and fired to- officials in China talking about the nity had estimated. ward Saudi Arabia, but destroyed them possibility of destroying Los Angeles, Just several months ago, CIA Direc- in their backyard, as the missile was and we do not have the capability to tor John Deutch admitted Iran, Iraq, coming in, in some cases just right be- avoid that should they be irrational North Korea, and Libya all had ex- fore it reached its target. As I said, it enough to ever try to carry out such a plored the possibility of buying fissile was only partially successful. threat. It bothers me when I see 25 na- materials as a way of rapidly acquiring That is not a defense capability tions around the world, many of which an arsenal of nuclear weapons. So far, against more sophisticated weapons. are not real friends of the United according to Deutch, none has suc- The Scuds that the Iraqis were firing States, seeking earnestly to develop ceeded in these efforts. But the CIA Di- at Americans, Saudi Arabians, and Is- intercontinental ballistic missile tech- rector further stated the United States raelis, those were old missiles, old nology with a variety of warheads that and its allies ‘‘have been lucky so far.’’ technology, way behind the times, not could threaten not only the United That was in the Washington Post of sophisticated in any way, that we can States, but our allies, and we do not do March 21 of this year. Mr. President, I only knock down. Our success rate was anything to give us defense capabili- am not willing to depend on luck to limited. People would be really ties. S5756 CONGRESSIONAL RECORD — SENATE June 4, 1996

That is what Senator DOLE was try- vote knowing full well that he does not This compromise would not allow So- ing to do with the Defend America Act have the necessary two-thirds major- cial Security trust fund revenues to be today. That is what Senator WALLOP, ity. On the other hand, the President is used when calculating whether the who was one of the real leaders in try- proudly stating to the public that his budget is balanced. Admittedly, this ing to develop strategic defense initia- efforts in his deficit reduction plan will make balancing the Federal budg- tive for years, was trying to do. We have resulted in reducing the annual et more difficult because the Social Se- have a significant investment that this deficit from when he took office from curity trust fund surpluses will no country has made, and now we have an $294 billion to nearly $130 billion this longer be used to mask the true size of administration that says: We do not year. He has invited the majority lead- the deficit. think there will be a threat for 15 er to the White House for further nego- A constitutional amendment will re- years, so let us not do anything. Or let tiations on balancing the budget. move all doubt, regardless of whether us develop missile systems, and we will When the majority leader leaves, I we reach any compromise pertaining to pay for three-fourths of it in Israel be- hope that the new majority leader will Social Security trust funds or not. A cause, politically, that is popular. be extended an invitation to go to the constitutional amendment will remove Why is it not popular in the United White House and to go through nego- all doubt, and the Federal Government States if we want to help Israel defend tiations and settle the differences. will have to balance its budget. The itself? I was in Israel prior to the Per- In actual dollars and cents, I believe process will still be difficult, but it will sian Gulf war, and I urged the adminis- that over the 7-year period there is be necessary to achieve the final goal tration to get Patriot missiles over something in the neighborhood of $12 as required by this proposed amend- there to shoot down the Scuds. It par- trillion involved in the budget process, ment to the Constitution. Amending the Constitution, in my tially worked. But the Patriot is cer- and the difference between the White House’s and the Republican Party’s po- judgment, is a last-resort method tainly not good enough for an ICBM. which should be utilized sparingly and We can develop systems to shoot down sition is only $100 billion. That is less than 0.8 of 1 percent. And that dif- only when the national interest so de- in-coming missiles before they get in ference we ought to be able to resolve, mands. I am often asked to cosponsor our back yards. We should do it. If it is get together and work out. worthy proposals to amend the Con- an investment of a couple of billion However, this is a political year. We stitution, but I rarely do so under the dollars, or $4 billion, or $31 billion over must recognize that. The Senate has test that I have just mentioned. the next 14 years, that is a good invest- just completed action on a $1.6 trillion The balanced budget amendment ment for protecting the American peo- budget resolution proposed by the ma- meets that test. The national interest ple, our interests and our cities. We jority party which seeks to balance the demands that we act to allow the should do it. budget by 2002 with a combination of States the opportunity to ratify the Yet, unfortunately, our colleagues on tax and spending cuts. I supported a proposed amendment. They may not do the Democrat side of the aisle say, no, proposal submitted by the President so. And if that is the case, then the will they are going to protect President which also called for a balanced budget of the American people will have been Clinton and play politics. President and would achieve a balanced budget, spoken. Therein is the genius of our Clinton does not want it, so we are not but contained fewer tax cuts and less Nation’s organic document. Ulti- going to do it. I think that is a serious, cutting of the Medicare Program. How- mately, the sovereign power of the serious mistake. We should not play ever, this proposal was not adopted. Government rests with the people. politics with the security of the Amer- The Senate and the House must set- These will perhaps be my last com- ican people and American interests. I tle their differences in regard to the ments—or perhaps not my last com- am afraid that is what happened today. budget figures, and then the Appropria- ments on this, but among my last I regret that decision. tions Committees must act, and a rec- words on this great issue. Further, the Mr. President, I suggest the absence onciliation bill must be passed. All of first bill I introduced when I came to of a quorum. this must be signed by the President. It Congress was a bill calling for a con- The PRESIDING OFFICER. The is going to be a long, hot summer here stitutional amendment requiring a bal- clerk will call the roll. in Washington while the rest of the anced budget. I truly believe that on The assistant legislative clerk pro- country simmers at our inaction. behalf of the generations of Americans ceeded to call the roll. The budget process is not easy, as we yet unborn, this proposed amendment Mr. HEFLIN. Mr. President, I ask have learned from last year. It does not is necessary to prevent them from in- unanimous consent that the order for guarantee that the President and the heriting an even greater debt than they the quorum call be rescinded. Congress will enact a balanced Federal now most certainly will incur. The PRESIDING OFFICER (Mr. GOR- budget. We have seen this, gone Politics aside, now is the time to act, TON). Without objection, it is so or- through Gramm-Rudman-Hollings and once and for all. Mr. President, I suggest the absence dered. other proposals which tried to achieve of a quorum. f a balanced budget. But all of these The PRESIDING OFFICER. The THE BALANCED BUDGET have come up wanting. That is one of clerk will call the roll. AMENDMENT the reasons why I feel that we need the The legislative clerk proceeded to discipline which a constitutional Mr. HEFLIN. Mr. President, once call the roll. amendment will provide. Mr. DOLE. Mr. President, I ask unan- again I rise in support of the pending I believe that most of my colleagues imous consent that the order for the proposal to amend the U.S. Constitu- are well intentioned and want to enact quorum call be rescinded. tion to require a balanced Federal balanced budgets for the benefit of gen- The PRESIDING OFFICER. Without budget. The reason is quite simple. erations of Americans yet to be born. objection, it is so ordered. After all of the turmoil of this past Unfortunately, I have seen in my Sen- f year, after all of the posturing and the ate career—some 18 years that I have pandering and the promises and the been here—that we can often find an NATO ENLARGEMENT Government shutdowns, Congress and easy excuse for not fulfilling our com- FACILITATION ACT the President have not come to an mitment to deliver a balanced budget Mr. DOLE. Mr. President, earlier agreement to balance the Federal each year. today I think Senator BROWN of Colo- budget. Short of a constitutional re- There is a way out of the thicket rado in my behalf and in behalf of oth- quirement, I have serious doubts that right now in regard to the adoption of ers introduced the NATO Enlargement the Congress and the President will do the constitutional amendment requir- Facilitation Act. so. ing a balanced budget. A handful of I am certainly pleased to be joined by Admittedly, there is some political Senators, I think as many as eight, the distinguished Senator from Colo- Presidential posturing going on with have indicated they would vote for the rado, Senator BROWN—who has been a this impending vote. The majority constitutional amendment if a com- real leader on this issue—the distin- leader, who is his party’s presumptive promise can be reached with regard to guished chairman of the Foreign Rela- Presidential nominee, is calling up this the Social Security issue. tions Committee, and a number of June 4, 1996 CONGRESSIONAL RECORD — SENATE S5757 other colleagues. This legislation is in- the President to designate others as Usually, these remarks are delivered tended to expedite the transition to they meet the criteria in current law. shortly before the Senate adjourns for full NATO membership of emerging de- This legislation, however, does not the year. mocracies in Central and Eastern Eu- name countries to be NATO members. However, my announcement of 2 rope. This bill builds on earlier biparti- That is a decision for the alliance to weeks ago that I will also be leaving san legislation, such as the NATO Par- take. This legislation seeks to make up the Senate has moved up my time ticipation Act of 1994, which reflects for time lost due to a lack of U.S. lead- schedule. the strong bipartisan support for the ership. It is also important to note In the coming days, then, I will be policy of enlarging the NATO alliance. that this bill is a beginning, not an devoting some of my leader time to NATO has expanded its membership on endpoint. Poland, the Czech Republic, share a few memories of those of our three occasions, each time enhancing and Hungary will likely be the first colleagues who will not return to this security and stability in Europe. Bring- countries in Central and Eastern Eu- Chamber when the 105th Congress con- ing eligible Central and Eastern Euro- rope to join NATO— not the last. Fi- venes next January. pean nations into NATO will serve that nally, this legislation should not be in- Let me start with a friend of all of same critical purpose. For nearly 4 terpreted as a lessening of U.S. inter- us, Senator HOWELL HEFLIN of Ala- years, the new democracies of Central ests in close ties with other countries bama. and Eastern Europe have sought to in the region. The freedom and security For 18 years, HOWELL HEFLIN has rep- protect their freedom and independ- of all of Europe’s new democracies are resented Alabama with distinction here ence by becoming members—full mem- a big concern to us. in the U.S. Senate. But to many here bers—of Western institutions, espe- I believe that the United States and in this Chamber, and to countless cially NATO. They have repeatedly pe- NATO must act decisively—before the Alabamans, it is not ‘‘Senator’’ HEF- titioned for membership. Moreover, window of opportunity closes. When LIN, it is ‘‘judge’’ HEFLIN. they have seized every opportunity for the Bush administration was con- Prior to his arrival in the Senate, such association, proving their flexibil- fronted with the challenge of German judge HEFLIN served for 6 years as chief ity and seriousness. They have become reunification, Western leaders swiftly justice of the Alabama Supreme Court, partners for peace, but they desire to reached agreement on policy and acted earning a reputation for fairness and become real members of a real alliance. resolutely to achieve it. common sense. It’s a reputation that The need for a more inclusive, more ef- As with German reunification, the has continued through his service here fective atlantic alliance that would re- act of including Central and Eastern in the Senate. spond to present security needs has European democracies in NATO is not As a member of the Judiciary Com- been clear at least since violent aggres- and cannot reasonably be seen as an af- mittee, Senator HEFLIN has become sion began in the former Yugoslavia— front—much less a threat—to any known, in the words of the almanac of where the world witnessed the ineffec- other country, least of all Russia. All American politics, as ‘‘a careful lawyer tive response of the United Nations, actual and potential members of the who picks at the rules of law with the the European Community, the Western NATO alliance share an interest in a delicate touch of a watch repairman.’’ European Union, NATO, and the United peaceable, democratic Russia. Further- It took someone with that touch to States. more, the United States has a distinct successful revise America’s bankruptcy Since that time, it became clear that national interest in a firm security re- laws, as Senator HEFLIN did in 1994. the elaborate architecture of European lationship with Russia. Any United Alabama, like Kansas, is a State with security developed during the cold war States Government should, and we ex- a strong agriculture heritage, and I era was, and is, not up to the chal- pect, will work cooperatively with a have enjoyed serving with Senator Hef- lenges of the post-cold-war world. democratic Russia for the consolida- lin on the Agriculture Committee, and Meanwhile, the window of oppor- tion of security in Europe—but not by learning a great deal from him about tunity for consolidation of new free- denying NATO membership to Europe’s issues ranging from peanuts to the boll doms, independence, and security is new democracies. weevil. closing. Forging new relationships and Mr. President, NATO enlargement But as I reflect back on our 18-year new institutions is increasingly dif- has enjoyed bipartisan support since friendship, the one incident that re- ficult and controversial. In my view, the end of the cold war. I hope that all mains most clearly in my mind was further delays will undermine the gov- of my colleagues will support this leg- Senator HEFLIN’s vote authorizing ernments and confidence of people re- islation in that same bipartisan spirit. President Bush to use force to remove cently freed from the expansionist am- Let me say that we also, of course, Saddam Hussein from Kuwait. Senator bitions of aggressive neighbors. Yet, addressed in our press conference ear- HEFLIN was 1 of 11 Senate Democrats the Clinton administration has acted lier today, when we were honored to who has the courage to break with as if time were not a factor—as if there have former President Lech Welesa of their leadership and stand with the were no threats to the independence of Poland with us, that no countries are President. History will always reflect the newly self-governing democracies. named. It is very likely that the first that this was the right decision and Secretary Christopher in a recent three countries invited will be Poland, that had the 52 to 47 vote gone dif- speech stated that the administration’s Hungary and the Czech Republic. ferently, it would have been a tremen- policy was ‘‘slow, but deliberate.’’ I be- Though we have not forgotten the Bal- dous blow to America’s prestige. lieve the administration’s policy is de- tic States of Estonia, Latvia, Lithua- Elizabeth and I are proud to call liberately slow. The Clinton adminis- nia and other Central and Eastern Eu- HOWELL and ‘‘MIKE’’ HEFLIN our tration has consistently avoided con- ropean countries when they have com- friends, and we wish them many more crete steps toward NATO enlarge- plied and when they have been selected years of health and happiness as they ment—studying and discussing, but not by NATO. return to the state they love so much acting. Mr. President, this legislation So my view is that we have had the and have served so well. is designed to facilitate NATO enlarge- good beginning. The former President f ment by providing targeted security of Poland was very impressed, and he TRIBUTE TO CLAIBORNE PELL assistance for those countries most feels that we may now be on the way to likely to become eligible to join NATO. achieving something that has been Mr. DOLE. Mr. President, ‘‘I am less The NATO Enlargement Facilitation eluding these freedom loving people for dynamic than many,’’ Senator CLAI- Act creates a $60 million assistance a number of years. BORNE PELL once said in his typical program composed of Foreign Military f quiet manner, ‘‘But I have my own Financing [FMF] loan and grant pro- course, which I set and try to follow.’’ grams and the International Military TRIBUTE TO HOWELL HEFLIN For six terms, CLAIBORNE PELL has Education and Training [IMET] pro- Mr. DOLE. Mr. President, it has been followed that course in representing gram. This legislation declares Poland, my practice as Senator Republican America’s smallest State in terms of Hungary, and the Czech Republic eligi- leader to pay tribute to colleagues who geography with a commitment and ble for this assistance and authorizes are retiring from the Senate. dedication that is anything but small. S5758 CONGRESSIONAL RECORD — SENATE June 4, 1996

Foreign policy and the environment asked HANK a question, I would receive Order No. 12735 of November 16, 1990 (subse- are just two of the many issues on in return the plainspoken truth. quently revoked by Executive Order No. which the contributions of Senator From the skies above Vietnam to the 12938 of November 14, 1994), and Executive Order No. 12851 of June 11, 1993. As required PELL will be long remembered. floor of Congress, HANK BROWN has de- by the National Emergencies Act (50 U.S.C. But, as countless college students voted his life to forthrightly serving 1622(d)), I issued a notice on August 15, 1995, over a quarter century can tell you, his country. Though he is leaving the continuing the emergency declared in Execu- the one cause which will be forever Senate after just one term, I have no tive Order No. 12924. linked with the gentleman from Rhode doubt that he will keep on doing pre- 2. I issued Executive Order No. 12924 pursu- Island is education. cisely that. ant to the authority vested in me as Presi- dent by the Constitution and laws of the His basic education opportunity f grant—justifiably renamed the Pell United States, including, but not limited to, the IEEPA. At that time, I also submitted a grant in 1980—has provided many fi- MESSAGES FROM THE PRESIDENT report to the Congress pursuant to section nancially challenged young Americans Messages from the President of the 204(b) of IEEPA (50 U.S.C. 1703(b)). Section with the resources necessary to receive United States were communicated to 204 of IEEPA requires follow-up reports, with a college degree. the Senate by Mr. Thomas, one of his respect to actions or changes, to be submit- The great educator Henry Adams secretaries. ted every 6 months. Additionally, section once said, ‘‘a teacher affects eternity. 401(c) of the National Emergencies Act (50 EXECUTIVE MESSAGES REFERRED He can never tell where his influence U.S.C. 1641(c)) requires that the President, As in executive session the Presiding within 90 days after the end of each 6-month stops.’’ Senator PELL will leave this Officer laid before the Senate messages period following a declaration of a national Chamber with the knowledge that he from the President of the United emergency, report to the Congress on the will never be able to tell where his in- States submitting one nomination total expenditures directly attributable to fluence stops—because it would be im- that declaration. To comply with these re- which was referred to the Committee possible to know or quantify the dif- quirements, I have submitted combined ac- on Foreign Relations. ference that Pell grants made in the tivities and expenditures reports for the 6- (The nominations received today are life of countless Americans. month periods from August 19, 1994, to Feb- printed at the end of the Senate pro- ruary 19, 1995, and from February 19, 1995, to I am proud to be called a conserv- ceedings.) August 19, 1995. The following report covers ative Republican and Senator PELL is the 6-month period from August 19, 1995, to f proud to be known as a liberal Demo- February 19, 1996. crat. Despite the fact we were on the REPORT CONCERNING THE NA- 3. Since the issuance of Executive Order No. 12924, the Department of Commerce has opposite side of many issues, however, TIONAL EMERGENCY WITH RE- I never doubted the fact that Senator continued to administer and enforce the sys- SPECT TO THE LAPSE OF THE tem of export controls, including anti- PELL’S word was his bond, and I knew EXPORT ADMINISTRATION ACT that, no matter what, I could always boycott provisions, contained in the Export OF 1979—MESSAGE FROM THE Administration Regulations (EAR). In ad- count on Senator PELL’S friendship. PRESIDENT—PM 151 ministering these controls, the Department I look forward to counting on that has acted under a policy of conforming ac- friendship for many years to come. The Presiding Officer laid before the tions under Executive Order No. 12924 to f Senate the following message from the those required under the Export Administra- President of the United States, to- tion Act, insofar as appropriate. HANK BROWN gether with an accompanying report; 4. Since my last report to the Congress, Mr. DOLE. Mr. President, I have which was referred to the Committee there have been several significant develop- learned over the years that Kansans on Banking, Housing, and Urban Af- ments in the area of export controls: and Coloradans share more than a com- fairs. A. MULTILATERAL DEVELOPMENTS mon border. We also share a deep belief To the Congress of the United States: Wassenaar Arrangement for Export Controls in the values of hard work, honesty, As required by section 204 of the for Conventional Arms and Dual-Use Goods and International Emergency Economic Technologies. The Bureau of Export Adminis- and personal responsibility. tration (BXA) of the Department of Com- And, as westerners, we share a Powers Act (50 U.S.C. 1703(c)) and sec- merce participated in several rounds of nego- healthy skepticism of those who think tion 401(c) of the National Emergencies tiations to establish a successor regime to they are better qualified to tell us how Act (50 U.S.C. 1641(c)), I transmit here- COCOM. On December 19, 1995, 28 countries to run our affairs because they happen with a 6-month periodic report on the (former COCOM partners, cooperating coun- to work in the Nation’s Capital. national emergency declared by Execu- tries, Russia, and the Visegrad states) agreed For 6 years, the Colorado point-of- tive Order No. 12924 of August 19, 1994, to establish a new regime, called the view has been represented in this to deal with the threat to the national Wassenaar Arrangement, to control conven- security, foreign policy, and economy tional arms and munitions and related dual- Chamber with great energy and elo- use equipment. The Wassenaar Arrangement quence by HANK BROWN. of the United States caused by the will be headquartered in Austria. The first Senator BROWN hit the ground run- lapse of the Export Administration Act plenary meeting of the new regime was held ning when he arrived in the Senate, of 1979. in Vienna in April 1996. and he has not stopped since, making a WILLIAM J. CLINTON. Australia Group. The Australia Group (AG) difference on nearly every major issue THE WHITE HOUSE, June 4, 1996. is an informal multilateral body formed in 1984 to address concerns about proliferation we have debated. PRESIDENT’S PERIODIC REPORT ON THE NA- of chemical and biological warfare capabili- HANK BROWN understands the dangers TIONAL EMERGENCY CAUSED BY THE LAPSE ties. Currently, 29 governments, representing OF THE EXPORT ADMINISTRATION ACT OF 1979 of deficit spending, and the benefits supplier or producer countries, are members. that would come with a balanced budg- 1. On August 19, 1994, in Executive Order The AG operates by consensus. et. And, as a member of the Senate No. 12924, I declared a national emergency At the October 1995 plenary meeting, the Budget Committee, he worked closely under the International Emergency Eco- Biological Weapons Experts conducted a nomic Powers Act (IEEPA) (50 U.S.C. 1701 et with Senator DOMENICI in writing the technical review of the AG biological control seq.) to deal with the threat to the national list, which has been in force for 3 years. historic Republican plan to balance the security, foreign policy, and economy of the budget. There was agreement on tightening the con- United States caused by the lapse of the Ex- trols on certain microorganisms and equip- Senator BROWN also has exhibited port Administration Act of 1979, as amended ment (e.g., fermenters) that can be used in tremendous political courage in his (50 U.S.C. App. 2401 et seq.) and the system of the production of biological weapons. Regu- willingness to speak forthrightly about controls maintained under that Act. In that lations are being drafted to reflect these the absolute necessity to reform enti- order, I continued in effect, to the extent changes in biological weapons export con- tlement programs if our children are to permitted by law, the provisions of the Ex- trols. live in financially solvent Nation. port Administration Act of 1979 (EAA), as The AG also agreed at the October 1995 ple- From a personal point of view, I am amended, the Export Administration Regula- nary to tighten controls on license-free sam- tions (15 CFR 768 et seq.), and the delegations ple shipments. Accordingly, BXA will mon- grateful that Senator BROWN has pro- of authority set forth in Executive Order No. itor its recently revised sample shipments vided me with the same candor with 12002 of July 7, 1977 (as amended by Execu- rule to determine if it should be modified. which he has addressed the issues of tive Order No. 12755 of March 12, 1991), Execu- The United States shared its experiences our day. I always knew that when I tive Order No. 12214 of May 2, 1980, Executive at the October 1995 meeting in implementing June 4, 1996 CONGRESSIONAL RECORD — SENATE S5759 its chemical mixtures regulations, and is ministries, organizations, and enterprises items contained in the multi-lateral NSG seeking a comprehensive understanding of gave presentations. Annex published by the International Atom- how other members implement the AG mix- Central Asian/Caucasus Export Control ic Energy Agency and adhered to by the ture controls. Forum. In November 1995, BXA participated United States and other subscribing govern- Members agreed to U.S. proposals at the in an interagency delegation as co-hosts ments in the NSG. In addition, this rule re- October 1995 meeting for intensified informa- with Turkey in an export control forum for moved Poland from general license General tion exchange and other measures to better seven Central Asian and Caucasus states (Ar- Nuclear Suppliers Group (GNSG) restric- address chemical and biological warfare ter- menia, Azerbaijan, Kazakhstan, Kyrgyzstan, tions, and added Argentina, New Zealand, rorism. Tajikistan, Turkmenistan, and Uzbekristan). South Africa, and South Korea to the coun- Nuclear Suppliers Group. The Nuclear Sup- Presentations were given on legal, legisla- tries that are eligible to receive exports pliers Group (NSG), currently composed of 32 tive, and non proliferation issues, including under general license GNSG. member countries, maintains a control list licensing, enforcement, and industry-govern- Expansion of Foreign Policy Controls for of nuclear related dual-use items and guide- ment relations. Sudan. In December, BXA circulated for lines for their control. Nonproliferation and Export Control Coopera- interagency review a draft rule that will es- NSG member countries have recently com- tion. In late 1994, BXA created the Non- tablish foreign policy controls on exports to pleted a technical review of the dual-use con- proliferation and Export Control Coopera- Sudan. New controls are being published trol list and are presently engaged in re- tion (NEC) team to marshal BXA’s resources with the comprehensive revision and reorga- structuring the present control language to and expertise to support U.S. export control nization of the Export Administration Act. better reflect nuclear proliferation concerns cooperation programs in the former Soviet These controls are consistent with the Sec- as well as to allow the more effective imple- Union, other newly emerging states in the retary of State’s determination that the mentation of export controls for these items. Central Asian, Transcaucasian, and Baltic Government of Sudan has repeatedly pro- The Department of Commerce continues to regions, and certain central European states. vided support for acts of international ter- issue license denials for NSG-controlled From August to December 1995, the NEC rorism. items as part of the ‘‘no-undercut’’ provi- team, with representatives from the Depart- Expansion of General Licenses GLX and sion. Under this provision, a denial notifica- ments of State, Defense, and Energy, and the GTDR. On December 20, 1995, BXA published tion received from an NSG member country U.S. Customs Service, coordinated 14 cooper- a final rule that expands general license for precludes other member countries from ap- ative exchanges with Belarus, Kazakhstan, exports for civil end-users in countries of the proving similar transactions, thereby assur- Ukraine, Lithuania, Bulgaria, Romania, and former Soviet Union, Romania, and the Peo- ing that the earlier denial is not ‘‘undercut.’’ Poland. These cooperative exchanges focused ple’s Republic of China (GLX) eligibility to There are procedures for member countries on the legal bases for export control sys- include: microprocessors with a composite to consult on specific denials if they wish to tems, regulatory procedures, licensing proc- theoretical performance not exceeding 500 disagree with the original denial. esses, preventive enforcement mechanisms, million theoretical operations per second, Missile Technology Control Regime. The Mis- industry-government relations, and systems memory integrated circuits, certain digital sile Technology Control Regime (MTCR), automation. integrated circuits, field programmable gate founded in 1987 and currently comprising 28 C. REGULATORY ACTIONS: PUBLISHED AND arrays and logic arrays, portable (personal) member countries, is an informal group PENDING REGULATORY REFORM or mobile radiotelephones not capable of whose members coordinate their national ex- end-to-end encryption, and software to pro- For almost three decades, the EAR have port controls to help prevent missile pro- tect against computer viruses. In addition, been amended frequently to respond to var- liferation. Each member country, under its revisions were made to expand eligibility for ious national security, nonproliferation, and own national laws, has agreed to abide by general license for technical data (GTDR) foreign policy crises. Until recently, the multilateral MTCR Guidelines for control- with written assurance to include certain EAR had never been subjected to a system- ling the transfer of items that contribute to virus protection software. atic and comprehensive review for the pur- missile programs. These items are identified Specially Designed Implements of Torture. On pose of coordinating and restructuring these in an MTCR Equipment and Technology November 28, 1995, BXA published a final rule many amendments to create a set of regula- Annex to the Guidelines. that expanded foreign policy controls on spe- tions that is internally consistent and easier The Department continues to implement cially designed implements of torture. Pre- to use. Last May, BXA published a proposed the Enhanced Proliferation Control Initia- viously, such implements were controlled as rule that included a comprehensive revision tive (EPCI), which is a ‘‘catch-all’’ control ‘‘crime control and detection’’ commodities and reorganization of the EAR that will, in on items that are not on the MTCR Annex, in the same category as handcuffs, police accordance with the goal set by the Trade but could be used directly in projects of mis- helmets, and shields. As such, they did not Promotion Coordinating Committee, ‘‘make sile proliferation concern. As a result of U.S. require a validated license for export to the regulations more user-friendly.’’ The leadership, similar controls have now been member countries of the North Atlantic BXA has involved the exporting community adopted by over half of the MTCR members. Treaty Organization (NATO), Australia, in every step of the process, releasing early As a consequence of bilateral missile non- Japan, or New Zealand. This new rule cre- drafts as ‘‘discussion packages,’’ conducting proliferation agreements with Russia and ated a control list entry requiring a vali- ‘‘town hall’’—style-fora in 13 States, and re- South Africa, those two countries have con- dated license for export of specially designed drafting to incorporate the many industry formed their national export controls to implements of torture to all destinations, in- comments and suggestions received once the MTCR standards and were formally admitted cluding Canada. Applications for such ex- proposed rule was published. In November to membership in the MTCR in October 1995. ports will continue to be subject to a general 1995, BXA circulated a draft interim rule for The United States also supported Brazil’s policy of denial. interagency review. The BXA delivered the candidacy for membership in the MTCR, and Chemical Mixtures. On October 19, 1995, BXA interim rule to the Federal Register in Feb- Brazil was accepted unanimously in October published a final rule that implements the ruary for publication in March. 1995. agreement reached by the AG in December General License Eligibility Extended to Semi- 1994 on certain technical revisions in the B. BILATERAL COOPERATION/TECHNICAL conductor Manufacturing Equipment. BXA AG’s harmonized controls on chemical weap- ASSISTANCE published a final rule on February 14 to ex- ons precursors. The rule refines and clarifies As part of the Administration’s continuing pand general license eligibility to most des- the scope of controls on exports of sample effort to encourage other countries to tinations to include certain semiconductor shipments and mixtures containing con- strengthen their export control systems, the manufacturing equipment: ion implanters, trolled precursor and intermediate chemi- Department of Commerce and other agencies etching systems, chemical vapor deposition cals. The rule also revised the list of coun- conducted a wide range of discussions with a equipment, certain ‘‘cluster tools,’’ masks, tries eligible to receive AG benefits under number of foreign countries. reticles, and test systems. U.S. regulations by adding Poland, the Slo- Russian Exchanges. In October 1995, BXA High-Performance Computers. On January vak Republic, and Romania. hosted a large delegation of senior Russian 25, BXA published a rule that implements industry executives and government export the President’s October 6, 1995, announce- D. STRATEGIC INDUSTRIES/ECONOMIC SECURITY control officials. They met in Boston and in ment of a major reform of computer export In late 1994, the National Security Advisor Washington, D.C., to discuss industry-gov- controls. The rule liberalizes export controls directed that an interagency study be pre- ernment cooperation on export controls. The on all computers, and establishes four tiers pared to assess the current and future inter- purpose of this program was to bring to- of countries and a new policy for each tier. national market for software products con- gether U.S. and Russian business executives This new rule will provide significant benefit taining encryption (PRD/NSC–48). The direc- and government officials to discuss such is- to the international competitiveness of the tive was in response to industry claims that sues as the administration of export con- U.S. computer industry. This rule was effec- U.S. export controls on certain powerful trols, legal reform, licensing, industry com- tive January 22. encryption technologies were providing no pliance, and enforcement. Nuclear Controls. On February 1, BXA pub- benefit to national security, and were ham- In December 1995, BXA participated in an lished an interim rule to amend a number of pering the software industry’s ability to interagency delegation to a briefing hosted Export Control Classification Numbers compete in the global marketplace. On Janu- by the Russian government on the operation (ECCNs) in order to make the U.S. Nuclear ary 11, the Department of Commerce an- of Russia’s export control system. Russian Referral List conform more closely with the nounced the public release of the study, S5760 CONGRESSIONAL RECORD — SENATE June 4, 1996 jointly prepared by BXA and the National tations of material fact to a U.S. agency in of the remaining $100,000 is suspended for 1 Security Agency. The study provides an in- connection with the preparation, submission, year and will be waived if, during the 1-year depth evaluation of the international mar- or use of export control documents. period of suspension, U.S. Robotics does not ket, reviews the availability of foreign In a separate matter, Weisser’s Sporting violate the Act, Regulations, or any condi- encryption software, and assesses the impact Goods plead guilty on November 20, 1995, in tions of the Department’s order. that U.S. export controls for encryption have the Southern District of California, to one Civil and Criminal Penalties Imposed on Or- had on the competitiveness of the software criminal count of violating U.S. export con- egon Company. On February 12, 1996, Assist- industry. The study found that the U.S. soft- trol laws in connection with the export of ant Secretary for Export Enforcement John ware industry still dominates world mar- shotguns to South Africa. Sentencing for the Despres imposed a civil penalty of $40,000 kets, but the existence of strong export con- criminal violation took place on January 16, ($20,000 suspended for 1 year) on Patrick trols, both in the United States and other 1996. Weisser’s Sporting Goods was fined Lumber, of Portland, Oregon, for allegedly major countries, is slowing the growth of the $30,000 and placed on 3 years’ probation. violating the embargo on exports to Libya. international market. Illinois Company and its French Subsidiary On the same day, Patrick Lumber was sen- Penalized $550,000 for Alleged Antiboycott Vio- tenced to pay a criminal fine of $225,000 by E. EXPORT ENFORCEMENT lations. On November 29, 1995, Assistant Sec- the United States District Court in Portland, Over the last 6 months, the Department of retary for Export Enforcement John Despres Oregon, following the company’s guilty plea Commerce continued its vigorous enforce- signed an order imposing civil penalties to- to a two-count indictment charging it with ment of the EAR through educational out- taling $550,000 on Sundstrand Corporation violating the IEEPA. The United States reach, license application screening, spot (‘‘Sundstrand’’) and its wholly owned sub- charged that, in 1993, Patrick Lumber ex- checks, investigations, and enforcement ac- sidiary, Sundstrand International, S.A. Zone ported two shipments of yellow pine wood tions. In the last 6 months, these efforts re- Industrielle de Dijon-Sud (‘‘Sundstrand worth over $800,000 from the United States to sulted in civil penalties, denials of export Dijon’’), for alleged violations of the Libya in violation of the IEEPA. privileges, criminal fines, and imprisonment. antiboycott provisions of the EAA and the Under Secretary Affirms ALJ Decision and Total penalties imposed from August 10, 1995, EAR. Order Imposing $10,000 Civil Penalty on Florida through February 15, 1996, amounted to Sundstrand is a Rockford, Illinois-based Freight Forwarder for Antiboycott Violations. $3,226,750 in export control and antiboycott manufacturer and exporter of aerospace and On October 30, 1995, the Under Secretary for compliance cases, including criminal fines industrial equipment. Sundstrand Dijon is a Export Administration affirmed the May 1, totaling $255,000; in addition, 14 parties were repair and testing facility for Sundstrand 1995, decision of the Administrative Law denied export privileges. equipment located in Dijon, France. While Judge (ALJ) that Stair Cargo Services, Inc., Two Companies and an Individual Penalized neither admitting nor denying the alleged of Miami, Florida, a subsidiary of Intertrans Total of $1.45 Million for Alleged Antiboycott violations, Sundstrand agreed to pay a Corporation of Dallas, Texas, committed two Violations. On August 29, 1995, Assistant Sec- $350,000 civil penalty to settle allegations violations of the antiboycott provisions of retary for Export Enforcement John Despres that, on 175 occasions between October 1988 the Act and Regulations. The ALJ found signed an order imposing civil penalties to- and June 1993, it failed to report to the De- that, in 1988, a Stair Cargo branch office in taling $1,446,400 on Parbel of Florida, Inc., partment its receipt of boycott-related re- Inglewood, California, complied with a boy- formerly known as Helena Rubenstein, Inc., quests from the United Arab Emirates cott-related request from Kuwait to provide and Cosmair, Inc., both subsidiaries of (UAE). Sundstrand Dijon agreed to pay a the name of a supplier of goods and services L’Oreal, S.A., the French cosmetic company, $200,000 civil penalty to settle allegations for clearance by Kuwaiti boycott authori- and on Bruce L. Mishkin, an employee of that, on 100 occasions during the same pe- ties, thereby furnishing information about Cosmair, Inc., for 291 alleged violations of riod, it failed to report to the Department its that firm’s business relationships with per- the antiboycott provisions of the EAA and receipt of boycott-related requests from sons known or believed to be blacklisted. EAR. UAE, Bahrain, and Yemen. The ALJ also found that Stair Cargo failed The Department of Commerce alleged that, Swiss and U.S. Companies Denied Export to report to the Department its receipt of in 1989, in response to a request from Privileges and Corporate Officers Fined for Ille- the boycott-related request, as required by L’Oreal, S.A., Helena Rubinstein, Inc., and gal Exports. On January 11, 1996, Assistant the Regulations. The ALJ imposed a civil Bruce L. Mishkin each furnished or agreed to Secretary for Export Enforcement John penalty of $10,000 for these violations. furnish 144 items of information about Hel- Despres denied the export privileges of 5. The expenses incurred by the Federal ena Rubinstein, Inc.’s business relationships Lasarray Corporation of Irvine, California, Government in the 6-month period from Au- with or in Israel. The Department further al- and Lasarray, S.A., of Switzerland. The pe- gust 19, 1995, to February 19, 1996, that are di- leged that Cosmair, Inc., did not prevent Mr. riod of the denial is 2 years. Additionally, rectly attributable to the exercise of au- Mishkin from furnishing information about Ernst Uhlmann, a Swiss businessman who thorities conferred by the declaration of a Helena Rubinstein, Inc.’s business relation- owned Lasarray, received a civil penalty of national emergency with respect to export ships with or in Israel. The Department al- $50,000 (with $25,000 suspended); Eugene T. controls were largely centered in the Depart- leged that, in so doing. Cosmair, Inc., vio- Fitzgibbons, the former president of ment of Commerce, Bureau of Export Admin- lated the EAR by permitting the doing of an Lasarray Corporation, received a civil pen- istration. Expenditures by the Department act prohibited by the EAR. alty of $20,000 (with $10,000 suspended); and of Commerce are anticipated to be $18 mil- The companies and Mishkin each agreed to Edwin Barrowcliff, a former vice president of lion, most of which represents program oper- pay the civil penalties in separate but relat- Lasarray Corporation, received a civil pen- ating costs, wage and salary costs for Fed- ed settlements, which combined, constitute alty of $20,000, all of which is suspended. The eral personnel, and overhead expenses. one of the largest for the Office of Department alleged that, between 1990 and f Antiboycott Compliance (OAC). Under the 1991, Lasarray unlawfully exported base terms of the Consent Agreements, Parbel wafer integrated circuits to Switzerland EXECUTIVE AND OTHER paid $1,387,000, Mr. Mishkin paid $50,400, and without the required validated export li- COMMUNICATIONS Cosmair paid $9,000 to settle the allegations. cense. The following communications were California Man Penalized for Alleged Export Civil Penalty of $400,000, Imposed on Illinois Control Violations Involving Shotguns to Company for Alleged Export Control Violations. laid before the Senate, together with Namibia and South Africa. On November 28, On January 31, 1996, the Assistant Secretary accompanying papers, reports, and doc- 1995, Assistant Secretary for Export Enforce- for Export Enforcement John Despres signed uments, which were referred as indi- ments John Despres imposed a 15-year denial an order imposing a $400,000 civil penalty on cated: of export privileges and a $60,000 civil pen- U.S. Robotics Access Corp. of Skokie, Illi- EC–2763. A communication from the Acting alty on James L. Stephens, president and co- nois, for 123 alleged violations of the EAA Director of the Office of Thrift Supervision, owner of Weisser’s Sporting Goods, National and Regulations. The Department of Com- Department of Treasury, transmitting, pur- City, California, for the alleged illegal ex- merce alleged that, on 41 separate occasions suant to law, the report entitled ‘‘Respon- port of certain U.S.-origin shotguns to Na- between June 1990 and June 1992, U.S. Robot- sibilities under the Community Reinvest- mibia and South Africa. ics exported U.S.-origin, high-speed com- ment Act’’; to the Committee on Banking, The Department alleged that, between 1990 puter modems from the United States to Housing, and Urban Affairs. and 1992, Stephens conspired with overseas South Africa, Liechtenstein, Czechoslovakia, EC–2764. A communication from the Assist- parties to export and, on two separate occa- New Zealand, and Singapore, without obtain- ant to the Board of Governors of the Federal sions, actually exported, U.S.-origin shot- ing from the Department the required vali- Reserve System, transmitting, pursuant to guns with barrel lengths 18 inches and over dated licenses. In connection with each of law, the report of a final rule entitled to Namibia and South Africa without apply- these exports, the Department also alleged ‘‘Amendment to the Bank Secrecy Act Regu- ing for and obtaining from the Department that the company falsely represented on air lations Relating to Recordkeeping for Funds the validated export licenses he knew or had waybills and Shipper’s Export Declarations Transfers and Transmittals of Funds by Fi- reason to know were required under the EAA that the modems qualified for export under nancial Institutions’’ (RIN 1505-AA37), re- and EAR. In addition, the Department al- general license when, in fact, a validated li- ceived on May 30, 1996; to the Committee on leged that, in furtherance of the conspiracy, cense was required. To settle the allegations, Banking, Housing, and Urban Affairs. and in connection with each of these exports, U.S. Robotics will pay $300,000 of the $400,000 EC–2765. A communication from the Assist- Stephens made false or misleading represen- penalty the Department imposed. Payment ant to the Board of Governors of the Federal June 4, 1996 CONGRESSIONAL RECORD — SENATE S5761 Reserve System, transmitting, pursuant to EC–2776. A communication from the Gen- EC 2786. A communication from the Sec- law, the report of a final rule concerning the eral Counsel of the Department of Transpor- retary of the Federal Trade Commission, basic framework establishing the rights, li- tation, transmitting, pursuant to law, the re- transmitting, pursuant to law, the rule enti- abilities, and responsibilities of participants port of five rules concerning Standard tled ‘‘Guides for the Metallic Watch Band In- in electronic fund transfer systems, received Instructment Approach Procedures and Air- dustry and Guides for the Jewelry Industry,’’ on May 30, 1996; to the Committee on Bank- worthiness Directives (RIN2120-AA65, 2120- received on May 22, 1996; to the Committee ing, Housing, and Urban Affairs. AA64) received on May 23, 1996; to the Com- on Commerce, Science and Transportation. EC–2766. A communication from the Direc- mittee on Commerce, Science, and Transpor- EC 2787. A communication from the Direc- tor of the Financial Crimes Enforcement tation. tor of the Office of Fisheries Conservation Network, Department of the Treasury, trans- EC–2777. A communication from the Gen- and Management, the National Marine Fish- mitting, pursuant to law, the report of a eral Counsel of the Department of Transpor- eries Service, National Oceanic and Atmos- final rule entitled ‘‘Amendment to the Bank tation, transmitting, pursuant to law, the re- pheric Administration, Department of Com- Secrecy Act Regulations Relating to Orders port of seven rules concerning Temporary merce, transmitting, pursuant to law, the re- for Transmittals of Funds by Financial Insti- Prohibition of Oxygen Generators as Cargo port of a final rule relative to inseason ac- tutions’’ (RIN 1506-AA17), received on May in Passenger Aircraft (RIN2137-AC89, 2115- tion for the ocean salmon fisheries off the 24, 1996; to the Committee on Banking, Hous- AE84, 2115-AE46, 2137-AC81) received on May coasts of Washington, Oregon, and Califor- ing, and Urban Affairs. 23, 1996; to the Committee on Commerce, nia, received on May 23, 1996; to the Commit- EC–2767. A communication from the Execu- Science, and Transportation. tee on Commerce, Science and Transpor- tive Assistant to the Director of Congres- EC–2778. A communication from the Gen- tation. sional Affairs, U.S. Secret Service, Depart- eral Counsel of the Department of Transpor- EC–2788. A communication from the Pro- ment of the Treasury, transmitting, pursu- tation, transmitting, pursuant to law, the re- gram Management Officer of the National ant to law, the report of a final rule concern- port of thirteen rules concerning Airworthi- Marine Fisheries Service, National Oceanic ing the color illustrations of U.S. currency, ness Directives (RIN2120-AA64, 2120-AA66, and Atmospheric Administration, Depart- received on May 31, 1996; to the Committee 2120-ZZ01) received on May 30, 1996; to the ment of Commerce, transmitting, pursuant on Banking, Housing, and Urban Affairs. Committee on Commerce, Science, and to law, the report of a final rule relative to EC–2768. A communication from the Sec- Transportation. existing regulations regarding dolphin safe retary of Commerce, transmitting, a report EC–2779. A communication from the Gen- tuna labeling (RIN 0648–AF08), received on concerning Ombudsman activities with the eral Counsel of the Department of Transpor- May 29, 1996; to the Committee on Com- new independent states; to the Committee on tation, transmitting, pursuant to law, the re- merce, Science, and Transportation. Commerce, Science, and Transportation. port of twelve rules concerning Airworthi- EC–2789. A communication from the Acting EC–2769. A communication from the Gen- ness Directives (RIN2120-AA64, 2120-AA65, Director of Office of Fisheries Conservation eral Counsel of the Department of Transpor- 2120-AA66) received on May 23, 1996; to the and Management, National Marine Fisheries tation, transmitting, pursuant to law, the re- Committee on Commerce, Science, and Service, National Oceanic and Atmospheric port of a final rule concerning the Coast Transportation. Administration, Department of Commerce, Guard establishing a temporary moving safe- EC 2780. A communication from the Gen- transmitting, pursuant to law, the report of ty zone for the USS Kennedy (RIN 2115- eral Counsel of the Department of Transpor- a final rule relative to bycatch rate stand- AA97), received on May 13, 1996; to the Com- tation, transmitting, pursuant to law, the re- ards for the second half of 1996 in the Bering mittee on Commerce, Science, and Transpor- port of the eleven rules concerning Periodic Sea and Aleutian Islands and in the Gulf of tation. Inspection and Testing of Cylinders Alaska, received on May 31, 1996; to the Com- EC–2770. A communication from the Gen- (RIN2137–AC59, 2137–AC74, 2137–AC76, 2127– mittee on Commerce, Science, and Transpor- eral Counsel of the Department of Transpor- AG31, 2127–AV70, 2115–, 2115–AA97, 2130–AB08, tation. EC–2790. A communication from the Acting tation, transmitting, pursuant to law, the re- 2105–AC13, 2115–AE46, 2115–AF24) received on Director of the Office of Fisheries Conserva- port of a final rule concerning the Coast May 30, 1996; to the Committee on Com- tion and Management, National Marine Fish- Guard establishing a temporary moving safe- merce, Science,and Transportation. ty zone for the Fleet Week Parade of Ships EC 2781. A communication from the Associ- eries Service, National Oceanic and Atmos- (RIN 2115-AA97), received on May 13, 1996; to ate Director for Strategic Planning, Minor- pheric Administration, Department of Com- the Committee on Commerce, Science, and ity Business Development Agency, Depart- merce, transmitting, pursuant to law, the re- port of a final rule concerning the closure of Transportation. ment of Commerce, transmitting, pursuant directed fishing for Pacific cod by vessels EC–2771. A communication from the Gen- to law, the interim final rule entitled ‘‘Revi- using hook-and-line gear in the Bearing Sea eral Counsel of the Department of Transpor- sion of the Cost-Share Requirement and Ad- and Aleutian Islands management area, re- tation, transmitting, pursuant to law, the re- dition of Bonus Points for Community-Based ceived on May 23, 1996; to the Committee on port of a final rule concerning the Coast Organizations Applying to Operate Minority Guard establishing a temporary safety zone Commerce, Science, and Transportation. Business Development Centers in Designated EC–2791. A communication from the Acting for a powerboat race located on Greenwood Locations,’’ (RIN0640–XX02) received on May Director of the Office of Fisheries Conserva- Lake, New Jersey (RIN 2115-AA97), received 31, 1996; to the Committee on Commerce, tion and Management. National Marine Fish- on May 13, 1996; to the Committee on Com- Science, and Transportation. eries Service, National Oceanic and Atmos- merce, Science, and Transportation. EC 2782. A communication from the Direc- pheric Administration, Department of Com- EC–2772. A communication from the Gen- tor for Executive Budgeting and Assistance merce, transmitting, pursuant to law, the re- eral Counsel of the Department of Transpor- Management, Department of Commerce, port of a final rule concerning the directed tation, transmitting, pursuant to law, the re- transmitting, pursuant to law, concerning fishery for groundfish in the other nontrawl port of a final rule concerning the Hazardous grant and cooperative agreement cost prin- fishery in the Bering Sea and Aleutian Island Materials Transportation Regulations (RIN ciples, (RIN0605–AA10) received on May 22, management area, received on May 23, 1996; 2137-AB60), received on May 13, 1996; to the 1996; to the Committee on Commerce, to the Committee on Commerce, Science, Committee on Commerce, Science, and Science, and Transportation. and Transportation. Transportation. EC 2783. A communication from the Man- EC–2792. A communication from the Acting EC–2773. A communication from the Gen- aging Director of the Federal Communica- Director of the Office of Fisheries Conserva- eral Counsel of the Department of Transpor- tions Commission, transmitting, pursuant to tion and Management, National Marine Fish- tation, transmitting, pursuant to law, the re- law, the rule to conform the maritime serv- eries Service, National Oceanic and Atmos- port of a rule entitled ‘‘Airworthiness Direc- ice rules to the provisions of the Tele- pheric Administration, Department of Com- tives,’’ (RIN2120-AA64) received on May 13, communications Act of 1996, received on May merce, transmitting, pursuant to law, the re- 1996; to the Committee on Commerce, 21, 1996; to the Committee on Commerce, port of a final rule concerning a closure that Science, and Transportation. Science and Transportation. prohibits retention of Pacific ocean perch in EC–2774. A communication from the Gen- EC 2784. A communication from the Acting the Western Aleutian District of the Bering eral Counsel of the Department of Transpor- Director of Procurement, Grants and Admin- and Aleutian Islands management area, re- tation, transmitting, pursuant to law, the re- istrative Services, Office of Finance and Ad- ceived on May 23, 1996; to the Committee on port of a rule entitled ‘‘Exemption, Ap- ministration, Department of Commerce, Commerce, Science, and Transportation. proval, Registration and Reporting Proce- transmitting, pursuant to law, the final rule EC–2793. A communication from the Acting dures; Miscellaneous Provisions,’’ (RIN2137- concerning financial assistance for the Director of the Office of Fisheries Conserva- AC63) received on May 13, 1996; to the Com- Pribilof Environmental Restoration Pro- tion and Management, National Marine Fish- mittee on Commerce, Science, and Transpor- gram (RIN0648–ZA23), received on May 23, eries Service, National Oceanic and Atmos- tation. 1996; to the Committee on Commerce, pheric Administration, Department of Com- EC–2775. A communication from the Gen- Science and Transportation. merce, transmitting, pursuant to law, the re- eral Counsel of the Department of Transpor- EC 2785. A communication from the Sec- port of a final rule concerning correcting the tation, transmitting, pursuant to law, the re- retary of Transportation, transmitting, pur- definition for ‘‘fishing trip’’, received on May port of a rule entitled ‘‘Coast Guard Board suant to law, the report of the National 23, 1996; to the Committee on Commerce, for Correction of Military Records: Proce- Transportation Safety Board’s Recommenda- Science, and Transportation. dural Regulation,’’ (RIN2105-AC31) received tions for calendar year 1995; to the Commit- EC–2794. A communication from the Sec- on May 13, 1996; to the Committee on Com- tee on Commerce, Science and Transpor- retary of the Interior, transmitting, pursu- merce, Science, and Transportation. tation. ant to law, the annual report on the Youth S5762 CONGRESSIONAL RECORD — SENATE June 4, 1996 Conservation Corps for fiscal year 1995; to on May 13, 1996; to the Committee on Envi- EC–2819. A communication from the Chair- the Committee on Energy and Natural Re- ronment and Public Works. man of the Council of the District of Colum- sources. EC–2807. A communication from the Direc- bia, transmitting, pursuant to law, copies of EC–2795. A communication from the Sec- tor of the Office of Regulatory Management D.C. Act 11–260 adopted by the Council on retary of Energy, transmitting, pursuant to and Information, Environmental Protection April 2, 1996; to the Committee on Govern- law, the report of the Office of Alcohol Fuels; Agency, transmitting, pursuant to law, the mental Affairs. to the Committee on Energy and Natural Re- report of four rules concerning Propylene EC–2820. A communication from the Chair- sources. Oxide, (FRL5444–6, 5506–6, 5375–8, 5507–3) re- man of the Council of the District of Colum- EC–2796. A communication from the Assist- ceived on May 15, 1996; to the Committee on bia, transmitting, pursuant to law, copies of ant Secretary of the Interior for Fish and Environment and Public Works. D.C. Act 11–261 adopted by the Council on Wildlife and Parks, transmitting, pursuant EC–2808. A communication from the Direc- April 2, 1996; to the Committee on Govern- to law, the final rule concerning the Migra- tor of the Office of Regulatory Management mental Affairs. tory Bird Hunting and Conservation Stamp, and Information, Environmental Protection EC–2821. A communication from the Dis- Contest, (RIN1018–AD71) received on May 16, Agency, transmitting, pursuant to law, the trict of Columbia Auditor, transmitting, pur- 1996; to the Committee on Environment and report of three rules concerning Protection suant to law, the report entitled ‘‘Compli- Public Works. of Stratospheric Ozone, (FRL5507–5, 5467–1, ance Review of the District of Columbia In- EC–2797. A communication from the Dep- 5504–4) received on May 16, 1996; to the Com- surance Administration for Fiscal Years 1994 uty Under Secretary of Defense (Environ- mittee on Environment and Public Works. and 1995’’; to the Committee on Govern- mental Security), transmitting, pursuant to EC–2809. A communication from the Direc- mental Affairs. law, the report of the Defense Environmental tor of the Office of Regulatory Management EC–2822. A communication from the Chair- Restoration Program for fiscal year 1995; to and Information, Environmental Protection man of the Farm Credit Administration, the Committee on Environment and Public Agency, transmitting, pursuant to law, the transmitting, pursuant to law, the report Works. report of ten rules concerning Pesticides, concerning the compliance with the Govern- EC–2798. A communication from the Sec- (FRL5508–5, 5506–3, 5505–4, 5449–2, 5372–2, 4996– ment in the Sunshine Act during calendar retary of Transportation, transmitting, a 1, 5359–1, 5359–4, 5508–3, 5508–2, 5508–4), re- year 1995; to the Committee on Govern- draft of proposed legislation entitled ‘‘The ceived on May 21, 1996; to the Committee on mental Affairs. State Infrastructure Bank Improvement Act Environment and Public Works. EC–2823. A communication from the Dep- of 1996’’; to the Committee on Environment EC–2810. A communication from the Direc- uty Associate Administrator for Acquisition tor of the Office of Regulatory Management Policy, General Services Administration, Of- and Public Works. EC–2799. A communication from the Sec- and Information, Environmental Protection fice of Policy, Planning and Evaluation, retary of Transportation, transmitting, a Agency, transmitting, pursuant to law, the transmitting, pursuant to law, the report of draft of proposed legislation concerning the rule concerning National Emission Stand- a final rule concerning the Federal Travel Federal-Aid Highway Program; to the Com- ards For Hazardous Air Pollutants (FRL5509– Regulation (RIN: 3090–AF88), received on 1) received on May 21, 1996; to the Committee May 13, 1996; to the Committee on Govern- mittee on Environment and Public Works. EC–2800. A communication from the Direc- on Environment and Public Works. mental Affairs. EC–2811. A communication from the Direc- EC–2824. A communication from the Chair- tor of the Office of Congressional Affairs, tor of the Office of Regulatory Management man of the Federal Communications Com- transmitting, pursuant to law, a rule enti- and Information, Environmental Protection mission, transmitting, pursuant to law, the tled ‘‘The Freedom of Employees in the Nu- Agency, transmitting, pursuant to law, the report concerning the implementation of the clear Industry to Raise Safety Concerns report of two rules concerning Prosulfuron, Government in the Sunshine Act for the cal- Without Fear of Retaliation,’’ received on (FRL5357–5, 5371–8) received on May 24, 1996; endar year 1995; to the Committee on Gov- May 13, 1996; to the Committee on Environ- to the Committee on Environment and Pub- ernmental Affairs. ment and Public Works. lic Works. EC–2825. A communication from the Execu- EC–2801. A communication from the Direc- EC–2812. A communication from the Direc- tive Director of the Committee for Purchase tor of the Office of Congressional Affairs, tor of the Office of Regulatory Management From People Who Are Blind or Severely Dis- transmitting, pursuant to law, a rule enti- and Information, Environmental Protection abled, transmitting, pursuant to law, the re- tled ‘‘Termination or Transfer of Licensed Agency, transmitting, pursuant to law, the port of a final rule concerning commodities Activities: Recordkeeping Requirements,’’ report of two rules concerning National and services to be furnished by nonprofit (RIN3150–AF17) received on May 13, 1996; to Emission standards for Hazardous Air Pol- agencies, received on May 28, 1996; to the the Committee on Environment and Public lutants, (FRL5513–1, 5512–6) received on May Committee on Governmental Affairs. Works. 24, 1996; to the Committee on Environment EC–2826. A communication from the Chair- EC–2802. A communication from the Direc- and Public Works. man of the Merit Systems Protection Board, tor of the Office of Congressional Affairs, EC–2813. A communication from the Direc- transmitting, a draft of proposed legislation transmitting, pursuant to law, a rule enti- tor of the Office of Personnel Management, to reauthorize the Board through the year tled ‘‘Protecting the Identity of Allegers and transmitting, pursuant to law, the annual re- 2001; to the Committee on Governmental Af- Confidential Sources,’’ received on May 22, port of the Civil Service Retirement and Dis- fairs. 1996; to the Committee on Environment and ability Fund for fiscal year 1995; to the Com- EC–2827. A communication from the Chair- Public Works. mittee on Governmental Affairs. man of the Federal Maritime Commission, EC–2803. A communication from the Direc- EC–2814. A communication from the Direc- transmitting, pursuant to law, the report tor of the Fish and Wildlife Service, Depart- tor of the Office of Personnel Management, under the Inspector General Act for the pe- ment of the Interior, transmitting, pursuant transmitting, pursuant to law, a rule enti- riod October 1, 1995 through March 31, 1996; to law, the rule entitled ‘‘The Final Deter- tled ‘‘Allowances and Differentials,’’ to the Committee on Governmental Affairs. mination of Threatened for the California (RIN3206–AH17) received on May 28, 1996; to EC–2828. A communication from the Chair- Red-Legged Frog,’’ (RIN1018–AC34) received the Committee on Governmental Affairs. man of the National Endowment For the on May 20, 1996; to the Committee on Envi- EC–2815. A communication from the Chair- Arts, transmitting, pursuant to law, the re- ronment and Public Works. man of the District of Columbia Financial port under the Inspector General Act for the EC–2804. A communication from the Direc- Responsibility and Management Assistance period October 1, 1995 through March 31, 1996; tor of the Fish and Wildlife Service, Depart- Authority, transmitting, pursuant to law, to the Committee on Governmental Affairs. ment of the Interior, transmitting, pursuant the proposed budget for fiscal year 1997; to EC–2829. A communication from the Sec- to law, the rule entitled ‘‘Endangered and the Committee on Governmental Affairs. retary of the Treasury, transmitting, pursu- Threatened Wildlife and Plants,’’ (RIN1018– EC–2816. A communication from the Chair- ant to law, the report under the Federal AC33) received on May 16, 1996; to the Com- man of the District of Columbia Financial Managers’ Financial Integrity Act for Fiscal mittee on Environment and Public works. Responsibility and Management Assistance Year 1995; to the Committee on Govern- EC–2805. A communication from the Direc- Authority, transmitting, pursuant to law, mental Affairs. tor of the Office of Regulatory Management the Mayor’s District of Columbia fiscal year EC–2830. A communication from the Chair- and Information, Environmental Protection 1997 budget and multiyear plan; to the Com- man of the Armed Forces Retirement Home Agency, transmitting, pursuant to law, the mittee on Governmental Affairs. Board, transmitting, pursuant to law, the re- rule entitled ‘‘Approval and Promulgation of EC–2817. A communication from the Chair- port concerning the Federal Managers Fi- Implementation Plans; Ohio,’’ (FRL5439–4) man of the Council of the District of Colum- nancial Integrity Act for fiscal year 1995; to received on May 13, 1996; to the Committee bia, transmitting, pursuant to law, copies of the Committee on Governmental Affairs. on Environment and Public Works. D.C. Act 11–254 adopted by the Council on f EC–2806. A communication from the Direc- April 2, 1996; to the Committee on Govern- tor of the Office of Regulatory Management mental Affairs. INTRODUCTION OF BILLS AND and Information, Environment Protection EC–2818. A communication from the Chair- JOINT RESOLUTIONS Agency, transmitting, pursuant to law, the man of the Council of the District of Colum- report of seven rules concerning Allyl bia, transmitting, pursuant to law, copies of The following bills and joint resolu- Issothicyanate as a Component of Food D.C. Act 11–258 adopted by the Council on tions were introduced, read the first Grade Oil of Mustard, (FRL5505–2, 5467–6, April 2, 1996; to the Committee on Govern- and second time by unanimous con- 5500–56, 5505–7, 5504–8, 5465–2, 5366–4) received mental Affairs. sent, and referred as indicated: June 4, 1996 CONGRESSIONAL RECORD — SENATE S5763 By Mr. LAUTENBERG: By Mr. FORD (for himself, Mr. BAUCUS, In recent months, press reports have S. 1827. A bill to prohibit foreign travel by Mr. BIDEN, Mr. BINGAMAN, Mrs. highlighted the serious concerns of outgoing political appointees and Members BOXER, Mr. BRADLEY, Mr. BRYAN, Mr. many Foreign Service officers about of Congress, and for other purposes; to the BUMPERS, Mr. COATS, Mr. COHEN, Mr. abuses of official travel privileges by Committee on Governmental Affairs. CRAIG, Mr. DASCHLE, Mr. DEWINE, Mr. By Mr. HEFLIN: DODD, Mr. DOMENICI, Mr. EXON, Mr. U.S. officials from all branches of gov- S. 1828. A bill to authorize the Secretary of FRIST, Mr. GRAMS, Mr. GRASSLEY, Mr. ernment. The problem has grown to Transportation to issue a certificate of docu- HEFLIN, Mr. HELMS, Mr. HOLLINGS, such an extent that the American For- mentation with appropriate endorsement for Mr. INHOFE, Mr. INOUYE, Mrs. KASSE- eign Service Association has issued a employment in the coastwise trade for the BAUM, Mr. KEMPTHORNE, Mr. LAUTEN- policy statement calling for 14 changes vessel TOP GUN, and for other purposes; to BERG, Mr. LEAHY, Mr. LEVIN, Mr. in Government official foreign travel the Committee on Commerce, Science, and LUGAR, Mr. MACK, Mr. MCCONNELL, Transportation. policy. The Association’s first rec- Mr. MURKOWSKI, Mrs. MURRAY, Mr. ommendation is to prohibit travel By Mr. PRESSLER: NUNN, Mr. PRESSLER, Mr. PRYOR, Mr. S. 1829. A bill to prohibit the purchase of REID, Mr. ROBB, Mr. SARBANES, Mr. abroad by officials within 6 months of foreign beef by a school participating in the SIMON, Mr. SMITH, Mr. SPECTER, Mr. the end of their term. school lunch, school breakfast, or child care THOMAS, Mr. THURMOND, Mr. WARNER, food program, and for other purposes; to the Mr. President, it can be tempting for Mr. WELLSTONE, Mr. WYDEN, Mr. Committee on Agriculture, Nutrition, and elected or appointed officials to have KERRY, Mr. GRAMM, Mrs. HUTCHISON, Forestry. one last junket before losing their jobs. Ms. SNOWE, Mr. AKAKA, Mr. By Mr. BROWN (for Mr. DOLE (for him- But it is wrong. And it is not fair to LIEBERMAN, and Mrs. FEINSTEIN): self, Mr. BROWN, Mr. ROTH, Mr. S. Res. 257. Resolution to designate June taxpayers—many of whom have a hard HELMS, Mr. MCCAIN, Mr. SPECTER, 15, 1996, as ‘‘National Race for the Cure time making ends meet. These costs Mr. SANTORUM, Mr. GORTON, and Mr. Day’’; to the Committee on the Judiciary. may be small compared to the budget MCCONNELL)): S. 1830. A bill to amend the NATO Partici- f deficit. Yet these kinds of abuses are pation Act of 1994 to expedite the transition outrageous, and they sap the trust of to full membership in the North Atlantic STATEMENTS ON INTRODUCED Americans in their Government. Treaty Organization of emerging democ- BILLS AND JOINT RESOLUTIONS Mr. President, there are times when racies in Central and Eastern Europe; to the By Mr. LAUTENBERG: travel abroad by lame duck officials is Committee on Foreign Relations. S. 1827. A bill to prohibit foreign necessary to protect important na- By Mr. PRESSLER (for himself, Mr. tional interests. However, there is no HOLLINGS, Mr. LOTT, and Mr. FORD): travel by outgoing political appointees S. 1831. A bill to amend title 49. United and Members of Congress, and for other excuse for wasting taxpayer dollars on States Code, to authorize appropriations for purposes; to the Committee on Govern- nonessential travel. fiscal years 1997, 1998, and 1999 for the Na- mental Affairs. I hope my colleagues will support the tional Transportation Safety Board, and for f legislation, and ask unanimous consent other purposes; to the Committee on Com- that a copy of the bill be printed in the merce, Science, and Transportation. THE LAME DUCKS CAN’T FLY ACT By Ms. MIKULSKI (for herself and Ms. RECORD. SNOWE): ∑ Mr. LAUTENBERG. Mr. President, There being no objection, the bill was S. 1832. A bill to amend title II of the So- today I am introducing legislation, ordered to be printed in the RECORD, as cial Security Act to provide that a monthly which I call the Lame Ducks Can’t Fly follows: insurance benefit thereunder shall be paid Act, to prevent Federal officials who for the month in which the recipient dies, are about to leave office from traveling S. 1827 subject to a reduction of 50 percent if the re- Be it enacted by the Senate and House of Rep- cipient dies during the first 15 days of such abroad courtesy of U.S. taxpayers. resentatives of the United States of America in month, and for other purposes; to the Com- The bill would prohibit any Member Congress assembled, mittee on Finance. of Congress who is leaving office from By Mr. GLENN (for himself and Mr. traveling to another country at tax- SECTION 1. LIMITATION OF FOREIGN TRAVEL BY PRYOR) (by request): payer expense in the last 6 months of CERTAIN POLITICAL APPOINTEES S. 1833. A bill to provide a temporary au- DURING POST PRESIDENTIAL ELEC- the Member’s term. This prohibition TION PERIOD. thority for the use of voluntary separation could be waived by the Speaker of the incentives by Federal agencies that are re- (A) IN GENERAL.—Subchapter I of chapter ducing employment levels, and for other pur- House or by the President Pro Tempore 57 of title 5, United States Code, is amended poses; to the Committee on Governmental of the Senate. If a waiver is granted, a by adding at the end thereof the following Affairs.. detailed statement must be printed in new section: By Mr. MCCAIN (for himself, Mr. the Congressional RECORD indicating ‘‘§ 5710. Limitation of travel of political ap- INOUYE, Mr. SIMON, and Mr. DOMEN- the purposes and costs of the travel. pointees during certain post Presidential ICI): Similarly, the bill would prohibit any election periods S. 1834. A bill to reauthorize the Indian En- political appointee in the executive vironmental General Assistance Program branch from traveling overseas at tax- ‘‘(a) For purposes of this section the Act of 1992, and for other purposes; to the term— Committee on Indian Affairs. payer expense following an election in which the President is not returned to ‘‘(1) ‘political appointee’ means any indi- By Mr. FEINGOLD (for himself, Mr. vidual who serves— BRADLEY, and Mr. WELLSTONE): office. The prohibition for executive S. 1835. A bill to expand the definition of branch appointees could be waived if ‘‘(A) in a Senior Executive Service position and is not a career appointee as defined limited tax benefit for purposes of the Line the President determines that such Item Veto; to the Committee on the Budget under section 3132(a)(4); travel cannot reasonably be postponed ‘‘(B) in a position under the Executive and the Committee on Governmental Affairs, until the new President takes office, jointly, pursuant to the order of August 4, Schedule pursuant to subchapter II of chap- 1977, that if one Committee reports, the and that the travel is essential to pro- ter 53; or other have thirty days to report or be dis- tect or promote vital national security ‘‘(C) in a position of a confidential or pol- charged. interests. icy-determining character under schedule C By Mr. SANTORUM: Mr. President, after the general elec- of subpart C of part 213 of title 5 of the Code S. 1836. A bill to designate a segment of the tion in 1992, many Americans were out- of Federal Regulations; and Clarion River, located in Pennsylvania, as a raged when they saw Governmental of- ‘‘(2) ‘post Presidential election period’ component of the National Wild and Scenic ficials traveling abroad on seemingly means any period beginning on the date im- Rivers System, and for other purposes; to the nonessential trips, even though they mediately following the date of the first Committee on Energy and Natural Re- Tuesday following the first Monday in No- sources. were about to lose their jobs. One dele- gation, for example, traveled to China vember on which the general election of the f President occurs, and ending on the January and Hong Kong aboard a military jet 20 following such an election. SUBMISSION OF CONCURRENT AND that reportedly cost about $12,000 per SENATE RESOLUTIONS ‘‘(b) Subject on the provisions of sub- hour to fly. Another trip was planned section (c), travel by a political appointee The following concurrent resolutions for Moscow before it was abruptly can- may not be paid for under the provisions of and Senate resolutions were read, and celed when the plans were reported in this subchapter or any other provision of referred (or acted upon), as indicated: the press. law, if such travel— S5764 CONGRESSIONAL RECORD — SENATE June 4, 1996 ‘‘(1) is outside of the United States; and AMENDMENT TO THE NATIONAL other countries into the United States, ‘‘(2) occurs during a post Presidential elec- SCHOOL LUNCH ACT which is a blatant violation of trade tion period after which the incumbent Presi- agreements. Again, the President need dent shall not return for another term of of- Mr. PRESSLER. Mr. President, today I am introducing legislation that not wait for congressional action. fice as President. Finally, and most important, the ‘‘(c)(1) The provisions of subsection (b) would require schools participating in shall not apply to travel by the Secretary of the National School Lunch Program to Clinton administration should begin an State, the Secretary of Defense, the United buy American beef. The bill would ex- anti-trust action on the meatpacking States Trade Representative, or political ap- tend this requirement also to the industry. This is very important for pointees who are accompanying these indi- School Breakfast Program and the our cattlemen. I have called on the ad- viduals on affected travel. Child and Adult Care Food Program ministration time and again to enforce ‘‘(2) The President may waive the provi- [CACFP]. This is a simple bill. Further, fully our anti-trust laws. I am still sions of subsection (b) with regard to any given the current situation faced by waiting for action. travel if the President makes a written de- Mr. President, with a combined effort termination that such travel— American cattlemen, this bill should command bipartisan support. by Congress and the President, I am ‘‘(A) cannot reasonably be postponed until confident we can once again make our after the post Presidential election period; Currently, the U.S. Department of and Agriculture [USDA] is bound by the cattle industry healthy and competi- ‘‘(B) is essential to protect or promote Buy American Act, which requires tive. I am proud to be an active voice vital national interests.’’. USDA to purchase American beef for for South Dakota’s livestock produc- (b) TECHNICAL AND CONFORMING AMEND- the commodities distribution portion ers. This issue requires immediate at- MENTS.—The table of sections for chapter 57 of these programs. However, no similar tention and I hope my colleagues will of title 5, United States Code, is amended by requirement is placed on schools which join me in addressing this serious prob- inserting after the item relating to section purchase their own foodstuffs and then lem. 5709 the following: receive Federal reimbursement for the Mr. President, I ask unanimous con- ‘‘5710. Limitation of travel of political ap- meals they serve students. Schools are sent that the text of the bill be printed pointees during certain post encouraged to buy American, but are in the RECORD. Presidential election periods.’’. not bound to do so. My bill would pro- There being no objection, the bill was SEC. 2. LIMITATION OF FOREIGN TRAVEL BY vide consistency throughout these ordered to be printed in the RECORD, as CERTAIN MEMBERS OF CONGRESS DURING ELECTION PERIODS. child nutrition programs. Simply put, follows: (a) LIMITATION.— if schools expect to be reimbursed, we S. 1829 (1) IN GENERAL.—Except as provided in sub- expect schools to buy American beef. Be it enacted by the Senate and House of Rep- section (b), no funds may be expended for Why should this bill be passed? Plain resentatives of the United States of America in travel by a Member of Congress if such trav- and simple, immediate action must be Congress assembled, el— taken to help our Nation’s cattle in- SECTION 1. AMERICAN BEEF IN CHILD NUTRI- (A) is outside of the United States; and dustry. Cattle prices have plummeted TION PROGRAMS. (B) occurs after the date that is 180 days The National School Lunch Act (42 U.S.C. to their lowest level in years. High 1751 et seq.) is amended by adding at the end prior to the end of the term of service or grain prices and drought also have con- date of retirement of the Member of Con- the following: gress. tributed to the economic crisis facing ‘‘SEC. 28. AMERICAN BEEF IN CHILD NUTRITION PROGRAMS. (2) DATE OF RETIREMENT.—For purposes of our ranchers. The result is that South this subsection, the date of retirement is the Dakota’s cattlemen are facing some ‘‘A school or service institution in the con- date on which the Member is to retire as a very tough times. Some South Dakota tinental United States participating in the Member of Congress, pursuant to a public an- producers soon may be forced to leave school lunch program, the school breakfast nouncement by or on behalf of the Member. program under section 4 of the Child Nutri- the cattle business altogether unless tion Act of 1966 (42 U.S.C. 1773), or the child (b) WAIVER.— markets begin to improve. Their plight care food program under section 17 may not (1) IN GENERAL.—The Speaker of the House is spilling over to affect other busi- purchase beef or beef food-products produced of Representatives, with respect to Members nesses in the small towns and cities outside the United States for use in carrying of the House of Representatives, and the where they live. We should look at all out the program.’’. President pro tempore of the Senate, with respect to Members of the Senate, may waive possible ways to stimulate the Amer- By Mr. BROWN (for Mr. DOLE (for the prohibition on travel under this section ican beef market. A requirement that if the travel is determined to be in the inter- schools purchase American beef will in- himself, Mr. BROWN, Mr. ROTH, est of the House of Representatives or the crease demand. Mr. HELMS, Mr. MCCAIN, Mr. Senate, respectively, and the United States. This is just one advance in our battle SPECTER, and Mr. SANTORUM)): (2) STATEMENT.— to improve conditions for American S. 1830. A bill to amend the NATO (A) IN GENERAL.—Except as provided in cattlemen. As I have advocated, Con- Participation Act of 1994 to expedite subparagraph (B) and if a waiver is granted gress and the administration should the transition to full membership in under this subsection, a statement of the work actively on multiple fronts. I the North Atlantic Treaty Organiza- waiver shall be printed in the Congressional tion of emerging democracies in Record as soon as practicable and shall in- plan to introduce legislation that clude a detailed description of the travel in- would require all beef sold to consum- Central and Eastern Europe; to the volved, the purpose of travel, and an esti- ers be labeled, indicating in what coun- Committee on Foreign Relations. mate of the costs of the travel. try the beef was produced. This re- THE NATO ENLARGEMENT FACILITATION ACT OF (B) EXCEPTION.—If the Speaker of the quirement would make it easier for 1996 House of Representatives or the President schools and other consumers to buy Mr. BROWN. Mr. President, I rise to pro tempore of the Senate determines that American beef. introduce a new bill for consideration publication of such a statement would jeop- I recently requested that the USDA by the Senate. ardize national security, or otherwise com- prohibit formula or basis pricing on In 1994, when the administration promise vital national interests, no state- seemed reluctant to allow countries in ment is required. forward contracted cattle, require that Central Europe to join NATO, we draft- (c) DEFINITION.—For purposes of this sec- forward contracts be offered in an tion the term ‘‘Member of Congress’’ in- open, public manner and require that ed a bill titled the ‘‘NATO Participa- cludes any Delegate or Resident Commis- packer-fed cattle be sold in an open, tion Act of 1994.’’ That measure set sioner to the Congress.∑ public market. I hope they will take forth in U.S. statute a policy, for the action on this front soon. These are all first time, that would ensure NATO ex- By Mr. PRESSLER: actions the Clinton administration can pansion to include those countries in S. 1829. A bill to prohibit the pur- take without congressional action. Central Europe that want to be free chase of foreign beef by a school par- I also urged President Clinton to and want to join in a mutual pact for ticipating in the school lunch, school begin an investigation into cattle im- self-defense. The bill marked a signifi- breakfast, or child care food program, ports from Mexico. Many South Da- cant change of course for the United and for other purposes; to the Commit- kota producers have serious concerns States. tee on Agriculture, Nutrition, and For- that recent import surges may be due The administration’s reluctance to estry. to Mexico transshipping cattle from move forward with NATO expansion June 4, 1996 CONGRESSIONAL RECORD — SENATE S5765 brought back memories of the tragic expanded. To simply give it lip service gitimate security concerns of the new events of World War II, of both the So- and say—as the administration has democracies in Central Europe.’’ viet invasion of Poland and the Ger- done—that it is not a question of In 1995 he stated that, ‘‘Russia con- man invasion of Poland and other whether we expand NATO, it is a ques- tinues to threaten prospective NATO countries in Central Europe. Indeed, tion of how and when, dodges the issue. members over alliance expansion, that reluctance brought back the trag- The real issue is whether or not we will thereby confirming the need to enlarge ic memories of the post-World-War-II recognize other countries having a NATO sooner rather than later.’’ era, when at key times this country sphere of influence and control over Just recently, he reiterated his com- turned its back on people who had Central Europe. The central issue is mitment to NATO expansion by stating fought to be free and then found them- whether or not free men and women ‘‘the time has come to welcome Eu- selves enslaved by the Soviet Union. around the world will stand by idly if rope’s new democracies into NATO. Mr. President, that NATO Participa- the security and independence of Only NATO expansion can guarantee tion Act had to be offered four times on Central Europe is threatened. another five decades of peace on the the floor of the Senate before we fi- These are not hollow questions. continent.’’ nally got it adopted formally by Con- These tragic questions were answered Mr. President, I strongly agree with gress and signed into law by the Presi- in World War II. Many historians be- our distinguished majority leader. It is dent. It was opposed vehemently by the lieve that the failure of the free democ- time to take the countries of Central administration at every opportunity. racies to come forward and stand up for Europe off the table once and for all. But, in the end—and I might add, after Central Europe was one of the reasons America’s dawdling will continue to much hard work of many fellow Ameri- that Hitler rose to such heights and create uncertainty and generate insta- cans who had insisted upon its pas- gained so much strength before the free bility in the heart of Europe. The Unit- sage—it passed both houses of Congress world was mobilized to stop him. It is ed States needs to take its rightful and was then embraced by the adminis- not an idle question when, at the end of place as the world’s leader and move tration. World War II, the Soviet Union spread quickly to expand the North Atlantic Unfortunately, even though that its influence and its armies over Alliance to the nations of Central Eu- measure had passed giving the Presi- Central Europe, and free men and rope. dent necessary authorities to establish women failed to stand up for their free- Mr. President, I send the bill to the a transition program for countries dom then. desk and ask unanimous consent it be moving toward NATO membership, the Mr. President, it speaks to the core printed in the RECORD and that Senator administration failed to move ahead issue, and the core issue is whether or SANTORUM be added as a cosponsor. with a clear plan for expansion of not we will turn our backs on the free The PRESIDING OFFICER. Without NATO to those Central European coun- men and women of Central Europe once objection, it is so ordered. tries that had not only exhibited an in- more. This bill, the third NATO Par- The bill will be received and appro- terest in it, but had specifically asked ticipation Act, the expansion facilita- priately referred. to become members. tion act of NATO offered in 1996, speaks There being no objection, the bill was In response to that failure and to to that. It specifically names three ordered to be printed in the RECORD, as again move policy along, we drafted countries—Poland, Hungary, and the follows: and introduced the NATO Participa- Czech Republic—as qualifying for the S. 1830 tion Act II, officially titled the ‘‘NATO program; requires the President to Be it enacted by the Senate and House of Rep- Participation Act Amendments of name other countries meeting a series resentatives of the United States of America in 1995.’’ That measure went further than of additional criteria; and permits the Congress assembled, NATO Participation Act I. The NATO President to name any other countries SECTION 1. SHORT TITLE. to the transition assistance program This Act may be cited as the ‘‘NATO En- Participation Act I authorized the largement Facilitation Act of 1996’’. that meet the existing criteria of the President to establish a transition pro- SEC. 2. FINDINGS. gram and plan for NATO expansion. NATO Participation Act. The Congress makes the following findings: NATO Participation Act II called on Mr. President, I am particularly (1) Since 1949, the North Atlantic Treaty the President to evaluate those coun- proud to join with Senator DOLE in in- Organization (NATO) has played an essential tries moving toward NATO member- troducing this bill. BOB DOLE deserves role in guaranteeing the security, freedom, ship and to name specific countries a great deal of credit for his many ef- and prosperity of the United States and its that would be determined eligible for forts to expand NATO rapidly and to partners in the Alliance. bring the nations of Central Europe (2) The NATO Alliance is, and has been NATO transition assistance, and it ex- since its inception, purely defensive in char- panded our powers to work with them into NATO. From the very first time acter, and it poses no threat to any nation. and to develop a mutual arms policy. that Senator PAUL SIMON and I intro- The enlargement of the NATO Alliance to in- That act, initially opposed by the ad- duced the NATO Participation Act as clude as full and equal members emerging ministration, eventually was embraced an amendment to the Foreign Oper- democracies in Central and Eastern Europe by the administration as it moved to- ations Bill in July, 1994, BOB DOLE has does not threaten any nation. America’s se- ward passage. That expanded our abil- been a cosponsor. He has joined every curity, freedom, and prosperity remain ity to provide transition assistance to effort to hasten NATO expansion, spo- linked to the security of the countries of Eu- ken out clearly and frequently against rope. allow Central European countries to (3) The sustained commitment of the mem- protect themselves and their independ- the foot-dragging of this administra- ber countries of NATO to a mutual defense ence. Alas, the administration with its tion and has been more than just a co- has made possible the democratic trans- discretionary power to name countries sponsor of every NATO Participation formation of Eastern Europe. Members of the that they consider eligible to move for- Act that has been written. His frequent Alliance can and should play a critical role ward toward NATO membership, has inputs and the keen insights of Mira in addressing the security challenges of the refused to act. Baratta and Randy Scheunemann of post-Cold War era and in creating the stable Months ago, I specifically contacted his staff have been invaluable to our ef- environment needed for those emerging de- the administration and asked what forts to put the United States back in mocracies in Central and Eastern Europe to successfully complete political and economic steps they were taking, as they had the lead in expanding NATO. transformation. promised they would, to move toward In January, 1994, when the issue of (4) NATO has enlarged its membership on 3 this goal. According to the foreign re- expanding NATO to include the Central different occasions since 1949. lations committees, the administration European powers first became an issue (5) Congress has sought to facilitate the can find no country in Central Europe at the NATO summit, BOB DOLE stated, further enlargement of NATO at an early it views as ready for transition assist- ‘‘If NATO governments embrace this date by enacting the NATO Participation ance. new role of ensuring stability and secu- Act of 1994 (title II of Public Law 103–447; 22 U.S.C. 1928 note) and the NATO Participa- Sadly, Mr. President, because of the rity in Europe, the logic of expanding tion Act Amendments of 1995 (section 585 of administration’s refusal to act, what NATO becomes increasingly clear . . . Public Law 104–107). has been done is to raise the question The Partnership for Peace should not (6) As new members of NATO assume the as to whether or not NATO will ever be be used as a means to dismiss the le- responsibilities of Alliance membership, the S5766 CONGRESSIONAL RECORD — SENATE June 4, 1996 costs of maintaining stability in Europe will (1) to join with the NATO allies of the Export Control Act (relating to the ‘‘Foreign be shared more widely. Facilitation of the United States to redefine the role of the Military Financing Program’’); and enlargement process will require current NATO Alliance in the post-Cold War world; (3) $10,000,000 shall be available for assist- members of NATO, and the United States in (2) to actively assist the emerging democ- ance pursuant to the authority of section particular, to demonstrate the political will racies in Central and Eastern Europe in their 203(c)(3) of the NATO Participation Act of needed to build on successful ongoing pro- transition so that such countries may even- 1994 and chapter 5 of part II of the Foreign grams such as the Warsaw Initiative and the tually qualify for NATO membership; and Assistance Act of 1961 (relating to inter- Partnership for Peace by making available (3) to work to define a constructive and co- national military education and training). the resources necessary to supplement ef- operative political and security relationship (c) RULE OF CONSTRUCTION.—Amounts au- forts prospective new members are them- between an enlarged NATO and the Russian thorized to be appropriated under this sec- selves undertaking. Federation. tion are authorized to be appropriated in ad- (7) New members will be full members of SEC. 4. SENSE OF THE CONGRESS. dition to such amounts as otherwise may be the Alliance, enjoying all rights and assum- It is the sense of the Congress that in order available for such purposes. ing all the obligations under the Washington to promote economic stability and security SEC. 7. EXCESS DEFENSE ARTICLES. Treaty. in Estonia, Latvia, Lithuania, Slovenia, Slo- (a) PRIORITY DELIVERY.—Notwithstanding (8) Cooperative regional peacekeeping ini- vakia, Bulgaria, Romania, Albania, Moldova, any other provision of law, the provision and tiatives involving emerging democracies in and Ukraine— delivery of excess defense articles under the Central and Eastern Europe that have ex- (1) the United States should support the authority of section 203(c)(1) and (2) of the pressed interest in joining NATO, such as the full and active participation of these coun- NATO Participation Act of 1994 and section Baltic Peacekeeping Battalion, the Polish- tries in activities appropriate for qualifying 516 of the Foreign Assistance Act of 1961 Lithuanian Joint Peacekeeping Force, and for NATO membership; shall be given priority to the maximum ex- the Polish-Ukrainian Peacekeeping Force, (2) the United States Government should tend feasible over the provision and delivery can make an important contribution to Eu- use all diplomatic means available to press of such excess defense articles to all other ropean peace and security and international the European Union to admit as soon as pos- countries except those countries referred to peacekeeping efforts, assist those countries sible any country which qualifies for mem- in section 541 of the Foreign Operations, Ex- preparing to assume the responsibilities of bership; and port Financing, and Related Programs Ap- possible NATO membership, and accordingly (3) the United States Government and the propriations Act, 1995 (Public Law 103–306; should receive appropriate support from the North Atlantic Treaty Organization should 108 Stat. 1640). (b) COOPERATIVE REGIONAL PEACEKEEPING United States. support military exercises and peacekeeping INITIATIVES.—The Congress encourages the (9) The United States continues to regard initiatives between and among these nations, President to provide excess defense articles the political independence and territorial in- nations of the North Atlantic Treaty Organi- and other appropriate assistance to coopera- tegrity of all emerging democracies in zation, and Russia. Central and Eastern Europe as vital to Euro- tive regional peacekeeping initiatives in- SEC. 5. DESIGNATION OF COUNTRIES ELIGIBLE volving emerging democracies in Central and pean peace and security. FOR NATO ENLARGEMENT ASSIST- (10) NATO remains the only multilateral ANCE. Eastern Europe that have expressed an inter- est in joining NATO in order to enhance security organization capable of conducting (a) IN GENERAL.—The following countries effective military operations and preserving are designated as eligible to receive assist- their ability to contribute to European peace security and stability of the Euro-Atlantic ance under the program established under and security and international peacekeeping region. section 203(a) of the NATO Participation Act efforts. (11) NATO is an important diplomatic of 1994: Poland, Hungary, and the Czech Re- SEC. 8. MODERNIZATION OF DEFENSE CAPABIL- ITY. forum and has played a positive role in de- public. The Congress endorses effort by the United fusing tensions between members of the Alli- (b) DESIGNATION OF OTHER COUNTRIES.—The States to modernize the defense capability of ance and, as a result, no military action has President shall designate other emerging de- Poland, Hungary, the Czech Republic, and occurred between two Alliance member mocracies in Central and Eastern Europe as any other countries designed by the Presi- states since the inception of NATO in 1949. eligible to receive assistance under the pro- dent pursuant to section 203(d) of the NATO (12) The admission to NATO of emerging gram established under section 203(a) of such Participation Act of 1994, by exploring with democracies in Central and Eastern Europe Act if such countries— such countries options for the sale or lease of that meet specific criteria for NATO mem- (1) have expressed a clear desire to join such countries of weapons systems compat- bership would contribute to international NATO; ible with those used by NATO members, in- peace and enhance the security of the region. (2) have begun an individualized dialogue cluding air defense systems, advanced fight- (13) A number of Eastern European coun- with NATO in preparation for accession; er aircraft, and telecommunications infra- tries have expressed interest in NATO mem- (3) are strategically significant to an effec- structure. bership, and have taken concrete steps to tive NATO defense; and demonstrate this commitment; including (4) have met the other criteria outlined in SEC. 9. TERMINATION OF ELIGIBILITY. their participation in Partnership for Peace section 203(d) of the NATO Participation Act (a) IN GENERAL.—Section 203(f) of the activities. of 1994 (title II of Public Law 103–447; 22 NATO Participation Act of 1994 (title II of (14) In recognition that not all countries U.S.C. 1928 note). Public Law 103–447; 22 U.S.C. 1928 note) is amended to read as follows: which have requested membership in NATO (c) RULE OF CONSTRUCTION.—Subsection (a) ‘‘(f) TERMINATION OF ELIGIBILITY.—(1) The will necessarily qualify at the same pace, the does not preclude the designation by the eligibility of a country designated under sub- accession date for each new member will President of Slovakia, Estonia, Latvia, Lith- section (d) for the program established in vary. uania, Romania, Slovenia, or any other subsection (a) shall terminate 60 days after (15) The eventual membership of Austria, emerging democracy in Central and Eastern the President makes a certification under Finland, and Sweden is fully expected and is Europe pursuant to section 203(d) of the paragraph (2) unless, within the 60-day pe- not precluded by this Act. NATO Participation Act of 1994 as eligible to riod, the Congress enacts a joint resolution (16) The provision of additional NATO receive assistance under the program estab- disapproving the termination of eligibility. transition assistance should include those lished under section 203(a) of such Act. emerging democracies most ready for closer ‘‘(2) Whenever the President determines SEC. 6. AUTHORIZATION OF APPROPRIATIONS that the government of a country designated ties with NATO and should be designed to as- FOR NATO ENLARGEMENT ASSIST- sist other countries meeting specified cri- under subsection (d)— ANCE. ‘‘(A) no longer meets the criteria set forth teria of eligibility to move forward toward (a) IN GENERAL.—There are authorized to eventual NATO membership. in subsection (d)(2)(A); be appropriated $60,000,000 for fiscal year 1997 ‘‘(B) is hostile to the NATO Alliance; or (17) The Congress of the United States for the program established under section ‘‘(C) poses a national security threat to the finds that Poland, Hungary, and the Czech 203(a) of the NATO Participation Act of 1994. United States. Republic have made the most progress to- (b) AVAILABILITY.—Of the funds authorized then the President shall so certify to the ap- ward achieving the stated criteria and to be appropriated by subsection (a)— propriate congressional committees. should be eligible for the additional assist- (1) $20,000,000 shall be available for the sub- ‘‘(3) Nothing in this Act affects the eligi- ance described in this bill. sidy cost, as defined in section 502(5) of the bility of countries to participate under other (18) The evaluation of future membership Credit Reform Act of 1990, of direct loans provisions of law in programs described in in NATO for emerging democracies in pursuant to the authority of section 203(c)(4) this Act.’’. Central and Eastern Europe should be based of the NATO Participation Act of 1994 and (b) CONGRESSIONAL PRIORITY PROCE- on the progress of those nations in meeting section 23 of the Arms Export Control Act DURES.—Section 203 of such Act is amended criteria for NATO membership, which re- (relating to the ‘‘Foreign Military Financing by adding at the end the following new sub- quire enhancement of NATO’s security and Program’’); section: the approval of all NATO members. (2) $30,000,000 shall be available for assist- ‘‘(g) CONGRESSIONAL PRIORITY PROCE- SEC. 3. UNITED STATES POLICY. ance on a grant basis pursuant to the author- DURES.— It should be the policy of the United ity of section 203(c)(4) of the NATO Partici- ‘‘(1) APPLICABLE PROCEDURES.—A joint res- States— pation Act of 1994 and section 23 of the Arms olution described in paragraph (2) which is June 4, 1996 CONGRESSIONAL RECORD — SENATE S5767 introduced in a House of Congress shall be A few circumstances have changed. ship between an enlarged NATO and considered in accordance with the procedures President Yeltsin, whose fate our own Russia will also stabilize Russia’s secu- set forth in paragraphs (3) through (7) of sec- President has made the centerpiece of rity situation. Like any peaceful demo- tion 8066(c) of the Department of Defense Ap- United States policies toward the propriations Act, 1985 (as contained in Public cratic nation, it thrives on security Law 98–473; 98 Stat. 1936), except that— former Soviet Union and Eastern Eu- and predictability. The perpetuation of ‘‘(A) references to the ‘resolution described rope, is much less secure. With the the current security vacuum in the in paragraph (1)’ shall be deemed to be ref- Russian elections only weeks away, middle of Europe is no more in its in- erences to the joint resolution; and Eastern Europe may again be faced terest than in ours. ‘‘(B) references to the Committee on Ap- with a communist Russia—a Russia As in the past, the administration propriations of the House of Representatives which proudly extols the virtues of a will respond to new calls for NATO en- and the Committee on Appropriations of the failed philosophy. But even if President Senate shall be deemed to be references to largement by preaching caution. It will the Committee on International Relations of Yeltsin ultimately prevails in the elec- cite the upcoming elections as a par- the House of Representatives and the Com- tions, he, himself, has given the West ticularly sensitive moment. After the mittee on Foreign Relations of the Senate, sufficient cause for concern. He has not elections, it will cite the fragile nature respectively. always succeeded in ensuring Russian of the Russian electorate and upcoming ‘‘(2) TEXT OF JOINT RESOLUTION.—A joint compliance with treaty obligations. government. Then, no doubt, it will resolution under this paragraph is a joint And yielding to industry pressures, he cite another critical NATO meeting resolution the matter after the resolving has apparently ignored American clause of which is as follows: ‘That the Con- where consensus is to be sought on ex- gress disapproves the certification submitted warnings in crucial areas of non- pansion. by the President on llll pursuant to sec- proliferation. Perhaps most alarming, In the meantime, we will have lost tion 203(f) of the NATO Participation Act of until the most recent ceasefire agree- the window of opportunity that was 1994.’.’’. ment, the brutal war in Chechnya per- created by the collapse of the Soviet SEC. 10. AMENDMENTS TO THE NATO PARTICIPA- sisted unabated despite President Union and Russia’s preoccupation with TION ACT. Yeltsin’s orders that it stop. its domestic concerns. Three and a half (a) CONFORMING AMENDMENT.—The NATO President Yeltsin has also made dis- Participation Act of 1994 (title II of Public years have already been squandered. turbing changes in the composition of It is time now to begin NATO expan- Law 193–447; 22 U.S.C. 1928 note) is amended his cabinet. He has displaced all the in sections 203(a), 203(d)(1), and 203(d)(2) by sion. No more temporizing. No more striking ‘‘countries emerging from com- major economic reformers associated excuses. This is why I have joined with munist domination’’ each place it appears with his government, and has replaced my colleagues, Senators DOLE, BROWN, and inserting ‘‘emerging democracies in his widely respected foreign minister, HELMS, and others in introducing the Central and Eastern Europe’’. Andrea Kozyrev, with Yevgeny NATO Enlargement Facilitation Act of (b) DEFINITIONS.—The NATO Participation Primakov, a figure with strong ties to 1996. Act of 1994 (title II of Public Law 103–446; 22 the not so distant Soviet past. U.S.C. 1928 note) is amended by adding at the The bill before us identifies Poland, It is far too early to declare Russian Hungary, and the Czech Republic as end the following new section: economic and political reforms fail- ‘‘SEC. 206. DEFINITIONS. those countries first in line for NATO ‘‘The term ‘emerging democracies in ures. I have always supported assist- membership and proposes to give them Central and Eastern Europe’ includes, but is ance to the Newly Independent States the assistance they need to rapidly be- not limited to, Albania, Bulgaria, the Czech of the Soviet Union and I will continue come members. To date and to no Republic, Estonia, Hungary, Latvia, Lithua- to support Russian reform efforts. The avail, Congress has left it up to the nia, Moldova, Poland, Romania, Slovakia, situation we face in Russia today bears President to determine whether these Slovenia, and Ukraine.’’. almost no comparison to the situation countries were eligible for such assist- SEC. 11. DEFINITIONS. the United States and its allies in Eu- ance. Now we are telling the President As used in this Act: rope faced in 1947. Just the same, how- that vacation time is over. These three (1) EMERGING DEMOCRACIES IN CENTRAL AND ever, in evaluating President Yeltsin EASTERN EUROPE.—The term ‘‘emerging de- countries meet the criteria. We should let us not forget that his is no longer mocracies in Central and Eastern Europe’’ start preparing them to enter NATO. the government of Gaidar, Yavlinsky, includes, but is not limited to, Albania, Bul- Under this legislation, each country Fedorov, and Kozyrev. garia, the Czech Republic, Estonia, Hungary, will be eligible to receive, as a part of Latvia, Lithuania, Moldova, Poland, Roma- This is not to say that the United nia, Slovakia, Slovenia, and Ukraine. States has an interest in seeing Presi- the targeted program to assist its tran- (2) NATO.—The term ‘‘NATO’’ means the dent Yeltsin defeated in the upcoming sition to full NATO membership, trans- North Atlantic Treaty Organization. election. On the contrary, if, despite fers to excess defense articles, foreign Mr. MCCAIN. Mr. President, I thank what I hope is election year maneuver- military financing [FMF], economic as- my colleague from Colorado for his ing, he remains committed to eco- sistance, IMET, and other assistance. continued leadership on this and other nomic and political reform and the As for other emerging democracies in issues. He and I just left a press avail- peaceful resolution of disputes with his Central and Eastern Europe which de- ability conducted by the majority lead- neighbors, and if he demonstrates his sire NATO membership, but do not yet er, Senator DOLE, along with the commitment to international treaties, meet its standards, the bill requires former President of Poland, Lech his reelection is very much in our in- the President to provide them the same Walesa. I must say that former Presi- terest. assistance at such time as they meet a dent Walesa was both compelling and The sponsors of this bill do not seek number of clear criteria, including enlightening in his remarks. NATO expansion in response to the progress toward the establishment of Mr. President, I support the bill in- policies and political agendas of any democracy, free markets, and civilian troduced by the Senator from Colo- Russian leader. We seek NATO expan- control of the military. There are a rado. sion as a part of a larger European number of other requirements for as- Each year, the Senate debates the strategic order that will provide the piring new members, but they are rea- issue of NATO expansion and each year nations of Central and Eastern Europe sonable, and they are explicit. the President reassures the American with the sort of political and economic Equally important as mandating as- people and our new friends in Eastern security that Western Europe enjoyed sistance to NATO aspirants, the bill Europe that he has every intention of following World War II. We seek a Eu- authorizes the necessary spending. extending the NATO umbrella. Once ropean security structure which can Critics will no longer be able to charge again, this year, on the eve of another endure changes in national leadership that proponents of a more comprehen- historic Russian election, we find our- and governing philosophies. sive and strategically relevant NATO selves debating the issue of NATO ex- The United States and its NATO al- are unwilling to pay the costs associ- pansion, and still, although the Presi- lies must depend for their security on a ated with expansion. This bill author- dent will proclaim his support for ex- stable balance of power, not character izes a total of $60 million in fiscal year pansion, NATO membership remains assessments of various national lead- 1997 for the explicit purpose of expand- reserved to the states which comprised ers. ing NATO. it before the collapse of the Soviet Expanding NATO and, as the bill If there is any doubt of the necessity Union. calls for, defining a security relation- for Congress to take the initiative S5768 CONGRESSIONAL RECORD — SENATE June 4, 1996 today, consider the following state- vantage of a NATO security guarantee. a day and work around the world inves- ment made by President Clinton in On the other hand, Eastern Europe, tigating significant transportation ac- Prague almost 3 years ago: which is in a more precarious situa- cidents in order to obtain facts to en- Let me be absolutely clear: the security of tion, remains without such guarantees. able development of solutions designed your states is important to the security of By all accounts, this amounts to a se- to prevent future accidents. the United States . . . the question is no curity vacuum, and unless we act to Indeed, the NTSB is considered the longer whether NATO will take on new mem- fill it, I fear history will repeat itself. world’s premier accident investigation bers but when and how. Lech Walesa, who knows better than agency. It has achieved that distinc- How else can one explain the vast dif- most the history of Russia’s involve- tion through its thorough investiga- ference between the President’s rhet- ment in Eastern Europe, has warned tions and professional approach to oric and the lack of actual movement that a failure to expand NATO may re- meeting its statutory responsibilities. than that he lacks a clear idea of how sult in a major tragedy. A combination In total, the NTSB has issued almost to move from rhetoric to action? Not of economic and strategic insecurity 10,000 safety recommendations to im- only has NATO not admitted new mem- has already driven this hero of the cold prove the safety of the traveling pub- bers, the President has still not identi- war from power. All the more reason to lic. fied to former Warsaw Pact countries remember his words, ‘‘We kept crying Sadly, during the past few months, the when and how of expansion. The and shouting in 1939, but they only be- the NTSB has been extremely busy. We other explanation is that the President lieved us when the war reached Paris are all aware the NTSB is investigating has never intended to expand NATO and London. The situation is similar the devastating crash of ValuJet near Miami, FL. At the same time, major and all his protests to the contrary are today.’’ In that the political atmos- on-going investigations continue for simply efforts to outmaneuver the crit- phere in Europe is once again clouded the USAir accident near Pittsburgh, ics of his foreign policy. Granted the with what President Vaclav Havel, has PA, the school bus/train collision in President has a record of this sort of described as ‘‘a mentality marked by Fox River Grove, IL, and the MARC cleverness. But I trust that the Presi- caution, hesitation, delayed decision- commuter train/Amtrak collision near dent would not take the security of Eu- making, and a tendency to look for the rope so lightly as to play politics with Silver Spring, MD, to name just a few. most convenient solutions,’’ the times I want to point out the NTSB has no its future. do seem eerily similar. A more charitable explanation for authority to regulate the transpor- the disconnect between the President’s By Mr. PRESSLER (for himself, tation industry. Therefore, its effec- tiveness depends on its reputation for rhetoric and action is that the ration- Mr. HOLLINGS, Mr. LOTT, and timely and accurate determinations of ale for NATO expansion is genuinely Mr. FORD): accident causation and for issuing real- lost on him. He may truly believe in a S. 1831. A bill to amend title 49, Unit- istic and feasible safety recommenda- European security structure which, ed States Code, to authorize appropria- tions for fiscal years 1997, 1998, and 1999 tions. like the Partnership for Peace, The NTSB’s reputation for impartial- for the National Transportation Safety stretches from the Atlantic to the bor- ity and thoroughness has enabled it to Board, and for other purposes; to the ders of China. Perhaps he truly believes achieve such success in shaping trans- Committee on Commerce, Science, and that a security structure can be cre- portation safety improvements that Transportation. ated which is so far flung as to have no more than 80 percent of its rec- apparent strategic coherence. THE NATIONAL TRANSPORTATION SAFETY BOARD ommendations have been implemented. Instead of going about the difficult AMENDMENTS OF 1996 Examples of implemented rec- diplomacy of creating a viable Euro- Mr. PRESSLER. Mr. President, ommendations include fire resistant pean security structure, the adminis- today I am introducing the National materials and floor-level escape light- tration has preoccupied itself with the Transportation Safety Board Amend- ing in aircraft cabins, child safety fears of drawing new lines. Perhaps the ments of 1996. I am pleased to be joined seats in automobiles, improved school President and his chief adviser on Rus- in this effort by Senator HOLLINGS, bus construction standards, Amtrak sia, Strobe Talbott, are real vision- ranking member of the Senate Com- passenger car safety improvements, aries. They see a world where there are merce Committee, Senator LOTT, new recreational boating safety and no lines separating countries, alli- chairman of the Senate Surface Trans- commercial fishing vessel regulations, ances, or even countinents—a world portation Subcommittee, and Senator the development of one-call notifica- where concepts such like security, FORD, ranking member of the Senate tion systems in all 50 States and im- strategic alliance, and geopolitics have Aviation Subcommittee. This is a bi- proved regulations for buried pipelines. no relevance. partisan reauthorization bill and I urge The NTSB’s authorization expires at In fairness to the President, I freely its swift passage. the end of fiscal year 1996. The bill we admit that the logic of this reasoning The National Transportation Safety are introducing today provides a 3 year eludes me. I do not want to underesti- Board [NTSB], an independent agency, authorization for fiscal years 1997, 1998, mate the lasting impact of the Russian is charged with determining the prob- and 1999 at a level of 370 FTE’s. Our ob- democratic revolution. It was certainly able cause of transportation accidents jective is to establish sufficient fund- monumental and it lifted the spirits of and promoting transportation safety. ing levels to enable the NTSB to carry a world weary of superpower confronta- Specifically, the NTSB investigates all out its immense workload. We can tion. But the Russian revolution, as forms of transportation accidents, con- meet this goal while at the same time, great as it was, did not presage a radi- ducts safety studies, and evaluates the reducing the currently authorized lev- cal change in the nature of man or the effectiveness of other Government els. That is what this bill achieves. way in which the world guarantees agencies’ programs for preventing The bill also includes a few statutory peace. transportation accidents. It also re- changes. First, the bill provides for I, for one, will forgo putting all my views appeals of adverse certificate and temporary deferral of Freedom of In- faith in visionary ideas of a new Eu- civil penalty actions by the adminis- formation Act [FOIA] requests regard- rope free of historical tensions. Twice trators of agencies of the Department ing the release of foreign aviation acci- in this century, Europe has been con- of Transportation involving airman dent or incident information for 2 vulsed by nationalism and militarism— and seaman licenses. Sadly, its work is years or until the foreign government this despite the efforts of far greater never done. leading the investigation approves re- visionaries than President Clinton. Mr. President, the tireless work of lease of information. This would apply The sponsors of the NATO Enlarge- the NTSB is too often overlooked. to NTSB participation in foreign acci- ment Facilitation Act take their guid- Since its inception in 1967, the NTSB dent investigations only. This provi- ance from history. The cause of all re- has investigated more than 100,000 sion would facilitate the NTSB’s abil- cent European conflicts has been a se- aviation accidents and thousands of ac- ity to effectively investigate and par- curity vacuum in the center of Europe. cidents in the other surface modes— ticipate in foreign accidents without Today, although the borders of Western rail, highway, marine, and pipeline. risk of the untimely release of infor- Europe are secured, it remains the ad- NTSB investigators are on call 24 hours mation prior to a foreign governments’ June 4, 1996 CONGRESSIONAL RECORD — SENATE S5769 approval. However, the NTSB would not pay for the last month of life. If then and the 31st, your surviving not be restricted from utilizing foreign someone dies May 18 or May 28, when spouse or the family estate would get accident investigation information in the Social Security check arrived on that last Social Security check. making safety recommendations. June 3, the surviving spouse or family We think it is fundamentally fair. Second, the bill would exempt from members had to send back the Social Senator SNOWE and I are old-fashioned FOIA aviation data voluntarily sup- Security check. I think that is an out- in our belief in many values. We be- plied to the NTSB. The aviation indus- rage. lieve you honor your father and your try currently collects various kinds of That individual worked for Social Se- mother. We believe that it is not only information, but industry does not curity, earned Social Security, put a good religious principle, but it is share it with the NTSB because of con- money in the Social Security trust good public policy. cerns that material would be released fund. We feel that it is up to the Social The way to do that is to have a to the public. Some data, if voluntarily Security system to allow the surviving strong Social Security System and to supplied to the Government, is exempt- spouse or the estate of the family to make sure that Social Security System ed from FOIA requests. This exemp- have that Social Security check for the is fair in every way. That is why we tion, however, is at the discretion of last month of your life. support making sure that the surviving the agency. The NTSB has requested This legislation has an urgency. Peo- spouse or family has the Social Secu- the exemption be made permanent ple have called my office in tears. Very rity check for the last month of life. through statute instead of discre- often it is a son or a daughter. They Mr. President, we hope to have the sup- tionary, and believes a permanent ex- are at the desk clearing off the paper- port of our colleagues. That is the es- emption will encourage the aviation work for their mom, and there is the sence of my statement. industry to freely share significant Social Security check. And they say, safety-related data. ‘‘Senator, the check says for the month By Mr. GLENN (for himself and Third, when the NTSB conducts of May. Mom died on May 28. Why do Mr. PRYOR) (by request): training of its employees and others in we have to send the Social Security S. 1833. A bill to provide temporary subjects necessary for the proper per- check back? We have bills to pay. We authority for the use of voluntary sep- formance of accident investigations, have utility coverage that we need to aration incentives by Federal agencies the bill would allow the NTSB to wrap up, our rent, a mortgage, health that are reducing employment levels, charge non-NTSB personnel attending bills. Why is Social Security telling and for other purposes; to the Commit- for the costs associated with the me, ‘Send the check back or we’re tee on Governmental Affairs. course. These reimbursements would be going to come and get you’?’’ THE FEDERAL EMPLOYMENT REDUCTION credited to the NTSB as offsetting col- My gosh, with all the problems in the ASSISTANCE ACT OF 1996 lections. United States of America, we ought to ∑ Mr. GLENN. Mr. President, at the re- Mr. President, the NTSB carries out be going after drug dealers and tax quest of the administration, I rise to an enormous public service. While it is dodgers, not those people who have introduce The Federal Employment a small agency, its work product is paid into Social Security and their sur- Reduction Assistance Act of 1996. This critical. Seldom, if ever, is this agency viving spouse or their family who has legislative proposal is modeled after the target of criticism. That cannot be been left with the bills for the last the Federal Workforce Restructuring said about many Federal governmental month of their life. I say they are abso- Act of 1994, which provided Federal ci- agencies. Therefore, I want to com- lutely right—absolutely right—because vilian agencies with authority to offer mend the NTSB Board members and its we believe that Social Security should voluntary separation incentives for a 1- employees for their dedication to car- be there for you, for the family, and for year period that ended March 31, 1995. I rying out such an important public the surviving spouse. was the chief sponsor of the 1994 legis- service. I listened to my constituents. And lation. Approximately 115,100 Federal I urge my colleagues to support this what they say is this: ‘‘Senator MIKUL- employees voluntarily resigned or re- legislation to ensure the NTSB can SKI, we don’t want anything free. But tired during the first buyout program. continue its essential work in an effi- our family does want what our dad In addition, 40,000 more agreed to leave cient manner. worked for. We do want what we feel under a delayed departure program and By Ms. MIKULSKI (for herself we deserve and what has been paid for will leave this year or next. and Ms. SNOWE): in the trust fund in our loved one’s The Federal Workforce Restructuring S. 1832. A bill to amend title II of the name. Please make sure that our fam- Act of 1996 contains the following pro- Social Security Act to provide that a ily gets the Social Security check for posals: monthly insurance benefit thereunder the last month of our life.’’ The authority for separation incen- shall be paid for the month in which That is what we are going to do. That tives begins with enactment of the act the recipient dies, subject to a reduc- is why Senator SNOWE and I are intro- and continues until September 30, 2000. tion of 50 percent if the recipient dies ducing the Family Social Security Pro- The amount of the buyout incentive during the first 15 days of such month, tection Act. While we talk about re- would be the lesser of the amount that and for other purposes; to the Commit- tirement security, the most important the employee’s severance pay would be tee on Finance. item in that is income security. And or whichever of the following amounts THE SOCIAL SECURITY FAMILY PROTECTION ACT the safety net for every American is is applicable based on separation in ac- Ms. MIKULSKI. Mr. President, Social Security. cordance with the agency plan: today, I rise to talk about an issue that We know that as Senators we have to $25,000 in fiscal years 1996 and 1997. is very important to me, very impor- make sure that Social Security is sol- $20,000 in fiscal year 1998. tant to the constituents of Maryland vent. And we want to work to do that. $15,000 in fiscal year 1999. and very important to the people of the We also know that we have an obliga- $10,000 in fiscal year 2000. United States of America. tion to those who continue to get So- Any employee who receives an incen- I wish to declare that I am introduc- cial Security that they get their COLA tive and then accepts any paid employ- ing a bipartisan bill, with Senator so when the cost of living goes up, that ment with the Government within 5 OLYMPIA SNOWE, to end an unfair pol- Social Security is adjusted. But this years after separating would have to icy of the Social Security System. reform of providing a Social Security repay the entire amount of the incen- Senator SNOWE and I want to intro- check for the last month of life is abso- tive payment to the agency that paid duce this bill because it deals with So- lutely crucial. the incentive. This provision could be cial Security, retirement security, and How do we propose to do that? We waived only under stringent cir- income security. We want the middle have a very simple, straightforward cumstances of agency need. class in the United States of America way of dealing with this. Our legisla- Agencies are required to pay an to know that we are going to give help tion says this: that if you die before amount into the civil service retire- to those who practice self-help. the 15th of a month, you will get a ment trust fund equal to 15 percent of What is it I am talking about? We check for those 15 days. If you die after the final basic pay of each employee have found that Social Security does the 15th of the month, and between who is accepting a buyout. S5770 CONGRESSIONAL RECORD — SENATE June 4, 1996 Agencies are required to reduce their spect to the time period for incentives or the with the Government, the reasons for each full-time equivalent [FTE] employ- coverage of incentive offers. waiver, and the title and grade or pay level ment by one for each buyout. Section 4 provides that in order to receive of each employee to whom the waiver ap- a voluntary separation incentive, an em- OMB approval would be required for plied. Section 8 also amends the Federal ployee covered by an offer of incentives must Workforce Restructuring Act of 1994 (Public all agency buyout plans. The legisla- separate from service with the agency Law 103–226), which now requires that re- tion would only apply to civilian agen- (whether by retirement or resignation) with- ports on voluntary separation incentives cies. DOD would continue to operate in the time period specified in the agency’s under that Act provide data for each em- its own buyout program. plan as approved. An employee’s voluntary ployee who received an incentive, to instead In addition, the proposed legislation separation incentive is an amount equal to require reports on a summary basis for each includes some softening provisions for the lesser of the amount that the employee’s agency which paid incentives, as provided for severance pay would be if the employee were agencies that must institute reduc- the new authority. entitled to severance pay under section 5595 Section 9 authorizes agency heads, under tions-in-force [RIF’s]: of title 5, United States Code (without ad- procedures prescribed by the Office of Per- The bill would authorize agencies to justment for any previous severance pay), or sonnel Management, to allow an employee to allow employees to volunteer for a sep- whichever of the following amounts is appli- volunteer for separation in a reduction-in- aration during a RIF if this would pre- cable based on the date of separation: $25,000 force when this will result in retaining an vent the involuntary separation of an- during fiscal years 1996 and 1997; $20,000 dur- employee in a similar position who would other employee in a similar situation. ing fiscal year 1998; $15,000 during fiscal year otherwise be released in the reduction-in- Employees who volunteered would re- 1999; or $10,000 during fiscal year 2000. force. A voluntary release under the provi- Section 5 provides that any employee who sion would be treated as an involuntary sep- ceive severance pay. The DOD author- receives a voluntary separation incentive ization bill also contains this proposal. aration in the reduction-in-force. The proce- under this Act and then accepts any employ- dures prescribed by the Office will provide Employees involuntarily separated ment with the Government within 5 years that an offer of voluntary participation in a under RIF’s could continue their after separating must, prior to the first day reduction-in-force is made at the agency’s health insurance coverage for up to 18 of such employment, repay the entire discretion, and that no employee may be co- months while continuing to pay only amount of the incentive to the agency that erced into accepting such offer. An employee the premium that would apply to cur- paid the incentive. If the subsequent employ- who is voluntarily released would not have ment is with the Executive branch, including assignment (‘‘bump’’ and ‘‘retreat’’) rights in rent employees. the United States Postal Service, the Direc- Mr. President, previous buyout legis- the reduction-in-force. tor of the Office of Personnel Management Section 10 provides that employees in any lation was preeminently successful in may waive the repayment at the request of agency who are involuntarily separated in a helping to reduce the number of Fed- the agency head if the individual possesses reduction-in-force, or who voluntarily sepa- eral employees but accomplished the unique abilities and is the only qualified ap- rate from a surplus position that has been downsizing in a fair and equitable man- plicant available for the position. For subse- specifically identified for elimination in the ner. quent employment in the legislative branch, reduction-in-force, can continue health bene- Overall, including the buyout pro- the head of the entity or the appointing offi- fits coverage for 18 months and be required cial may waive repayment on the same basis. to pay only the employee’s share of the pre- gram, there are now some 208,000 fewer If the subsequent employment is in the judi- civil service employees than there were mium. cial branch, the Director of the Administra- Section 11 provides that the Director of the when this administration came into of- tive Office of the United States Courts may Office of Personnel Management may pre- fice. That’s a real success story. In waive repayment on the same criteria. For scribe any regulations necessary to admin- fact, Federal employment is now at its the purpose of the repayment and waiver ister the provisions of the Act. lowest point since John F. Kennedy. provisions, employment includes employ- Section 12 provides that the Act will take This buyout legislation will help to ment under a personal services contract, as effect upon enactment and that no voluntary continue that trend. I urge my col- defined by the Director of the Office of Per- separation incentive under the Act may be leagues to support this bill. sonnel Management. paid based on the separation of an employee Section 6 requires additional agency con- after September 30, 2000. Mr. President, I ask unanimous con- tributions to the Civil Service Retirement sent that additional material be print- and Disability Fund in amounts equal to 15 U.S. OFFICE OF ed in the RECORD. percent of the final basic pay of each em- PERSONNEL MANAGEMENT, There being no objection, the mate- ployee of the agency who is covered by the Washington, DC, May 9, 1996. rial was ordered to be printed in the Civil Service Retirement System or the Fed- Hon. ALBERT GORE, Jr., RECORD, as follows: eral Employees Retirement System to whom President of the Senate, a voluntary separation incentive is paid Washington, DC. SECTION-BY-SECTION ANALYSIS under this Act. DEAR MR. PRESIDENT: On behalf of the The first section provides a title for the Section 7 provides that full-time equiva- President’s Management Council, the Office bill, the ‘‘Federal Employment Reduction lent employment in each agency will be re- of Personnel Management submits herewith Assistance Act of 1996.’’ duced by one for each separation of an em- an Administration legislative proposal enti- Section 2 provides definitions of ‘‘agency’’ ployee who receives a voluntary separation tled the ‘‘Federal Employment Reduction and ‘‘employee.’’ Among the provisions, an incentive under this Act, and directs the Of- Assistance Act of 1996.’’ We request that it be employee who has received any previous vol- fice of Management and Budget to take any referred to the appropriate committee for untary separation incentive from the Fed- action necessary to ensure compliance. Re- prompt and favorable consideration. eral Government and has not repaid the in- ductions will be calculated by using the While total Federal employment is rel- centive is excluded from any incentives agency’s actual full-time equivalent employ- atively stable at present, the need for em- under this Act. ment levels. For example, if an agency’s ac- ployment reductions may vary significantly Section 3 provides that, when an agency tual FTE usage in FY 1996 is 1,050 FTEs, and from one particular agency to another. In head determines that employment in the 50 FTEs separate during FY 1997 using vol- the next several years, it is likely that many agency must be reduced in order to improve untary separation incentive payments pro- Federal agencies will need to make signifi- operating efficiency or meet anticipated vided under this Act, then the agency staff- cant cuts. The Administration believes that budget levels, the agency head may submit a ing levels at the end of FY 1997 shall not ex- separation incentives can be an appropriate plan to the Director of the Office of Manage- ceed 1,000 FTEs. tool for those agencies that must reduce ment and Budget for payment of voluntary Section 8 requires the Office of Personnel their employment levels, when the use of in- separation incentives to agency employees. Management to report by March 31st of each centives is properly related to the specific The plan must specify the manner in which year to the Senate Committee on Govern- cuts that are needed within the agency and the planned employment reductions will im- mental Affairs and the House Committee on thus will help reshape the agency for the fu- prove efficiency or meet budget levels. The Government Reform and Oversight concern- ture. Further, it is vital to provide for con- plan must also include a proposed time pe- ing agencies’ use of voluntary separation in- sistent administration of any incentive pro- riod for payment of separation incentives, centives in the previous fiscal year. The re- grams that prove necessary for different and a proposed coverage for offers of incen- port must show, for each agency which had agencies, and to appropriately limit the time tives to agency employees, which may be on approval to pay incentives, the number of period for any incentive offers. the basis of any component of the agency, employees who received incentives, the aver- This initiative is based on the Executive any occupation or levels of an occupation, age amount of the incentives, and the aver- Branch’s experience with voluntary separa- any geographic location, or any appropriate age grade or pay level of the employees who tion incentives under the Federal Workforce combination of these factors. The Director of received incentives. The report must also in- Restructuring Act of 1994. The Restructuring the Office of Management and Budget shall clude the number of waivers made under the Act provided Federal civilian agencies with review and approve or disapprove each plan provisions of section 5 in the repayment of authority to offer voluntary separation in- submitted, and may modify the plan with re- incentives upon subsequent employment centives for a one-year period that ended June 4, 1996 CONGRESSIONAL RECORD — SENATE S5771 March 31, 1995. We believe that agencies gen- S. 1834. A bill to reauthorize the In- mental management approach that is erally used these incentives successfully to dian Environmental General Assist- flexible and allows for the allocation of help avoid involuntary separations, and that ance Program Act of 1992, and for other limited resources pursuant to tribally the Restructuring Act provided a useful purposes; to the Committee on Indian framework for consistent administration of identified environmental priorities. incentive programs in many different agen- Affairs The minimum award for a general as- cies. THE INDIAN ENVIRONMENTAL GENERAL sistance grant is $75,000 per year. The This proposal would provide an overall sys- ASSISTANCE PROGRAM ACT AMENDMENTS act authorizes $15 million per fiscal tem for the limited use of voluntary separa- Mr. MCCAIN. Mr. President, I rise year to be appropriated to the EPA to tion incentives by Federal civilian agencies. today to introduce legislation to administer the General Assistance Pro- When an agency head determines that em- amend the Indian Environmental Gen- gram. ployment in the agency must be reduced in eral Assistance Program Act of 1992. I order to improve operating efficiency or Despite these advances in Federal In- meet anticipated budget levels, the agency am pleased to be joined by the vice dian environmental policy, many In- head may submit a plan to the Director of chairman of the Committee on Indian dian tribal programs are barely in the the Office of Management and Budget for Affairs, Senator INOUYE, and my col- infant stages of development. The Gen- payment of voluntary separation incentives leagues, Senator SIMON and Senator eral Assistance Program provides In- to agency employees. The plan must specify DOMENICI as original cosponsors of this dian tribal governments with the nec- how the planned employment reductions will legislation. essary technical and financial assist- improve efficiency or meet budget levels. Mr. President, the Congress enacted ance to enable them to become better The plan must also include a proposed time the Indian Environmental General As- period for payment of incentives, and a pro- environmental managers. posed coverage for offers of incentives to sistance Program Act over 4 years ago The bill I am introducing is a simple agency employees on the needed organiza- to correct a serious deficiency in Fed- amendment to the act that would au- tional, occupational, and geographic basis. eral efforts to ensure environmental thorize the appropriation of such sums The Director of the Office of Management protection on reservation lands. Envi- as are necessary to implement the In- and Budget would approve or disapprove ronmental problems on Indian lands dian Environmental General Assist- each plan submitted, and would have author- were virtually ignored until the mid- ance Program. This modification will ity to modify the time period for incentives 1980’s when the Congress adopted provide greater flexibility to the Ad- or coverage of incentive offers. We believe amendments to the Clean Water Act, that these provisions for plan approval will ministrator of EPA to make awards to ensure that any separation incentives are ap- Superfund and the Safe Drinking Water Indian tribes under the act and it will propriately targeted within the agency in Act to authorize Indian tribes to ob- enable a greater number of Indian view of the specific cuts that are needed, and tain regulatory primacy under these tribes to develop environmental pro- are offered on a timely basis. An agency’s Federal statutes. Despite these efforts grams. full-time equivalent employment would be to ensure that Indian lands enjoyed the In the 4 years since its enactment, reduced by one for each employee of the same level of environmental protection agency who receives an incentive. less than one-fifth of the 557 Indian The authority for separation incentives as the rest of the Nation, there remain tribes and Alaska Native villages have would be in effect for the period starting many serious environmental threats to been able to receive grant awards with the enactment of this Act and ending Indian lands. under this program. This modification September 30, 2000. The amount of an em- Some of the most severe environ- will ensure that more tribal govern- ployee’s incentive would be the lesser of the mental problems in the United States ments will be able to receive assistance amount that the employee’s severance pay threaten our poorest communities. It to address the many severe environ- would be, or whichever of the following has been reported that at least 600 solid amounts is applicable based on separation in mental problems affecting reservation waste landfills exist on Indian lands lands. In monetary terms, the funds accordance with the agency plan: $25,000 in that do not meet Federal standards. fiscal years 1996 and 1997; $20,000 in fiscal that are needed to address these envi- year 1998; $15,000 in fiscal year 1999; or $10,000 Contamination from unsanitary land- ronmental problems are enormous and in fiscal year 2000. Any employee who re- fills pose a daily hazard to the Pine far exceed the scarce resources of most ceives an incentive and then accepts any em- Ridge reservation in South Dakota, Indian tribes. Through this legislation, ployment with the Government within 5 which is located in one of the poorest we will ensure that the Federal Gov- years after separating must, prior to the counties in America. Mercury pollution ernment will afford Indian lands the first day of employment, repay the entire on the Seminole Indian Reservation in amount of the incentive to the agency that same protection to a clean environ- Florida threatens fishing and the gath- ment as the rest of the United States. paid the incentive. The repayment require- ering of food. The Navajo Nation esti- ment could be waived only under very strin- I am pleased to note that this legisla- gent circumstances of agency need. mates that as many as 1,000 abandoned tion is strongly endorsed by Indian In order to further assist agencies in mak- hazardous waste sites polluted with tribes and the EPA. The EPA has ing needed cuts, the bill would authorize uranium mine waste contaminate its steadily increased its efforts over the agencies, under appropriate conditions, to reservation land in New Mexico, Ari- past several years to support tribal au- allow an employee to volunteer for separa- zona, and Utah. In a 1994 inspector gen- thority to regulate environmental pro- tion in a reduction-in-force when this will eral report, the EPA estimated that at grams on reservation lands. EPA Ad- prevent the involuntary separation of an em- least 75 percent of the reported 530 ployee in a similar position. In addition, in ministrator Browner expressed her order to minimize the impact of reduction- leaking underground storage tanks on commitment to improving environ- in-force actions on employees, the bill pro- Indian lands have not been cleaned up mental protection on Indian lands by vides that employees who are involuntarily and many more have not been identi- elevating the needs of Indian tribes as separated in reductions-in-force can con- fied. These additional conditions are a funding priority for the Agency. This tinue their health insurance coverage for 18 intolerable and deserve our immediate commitment is a long overdue, but months while continuing to pay only the action. much welcome change for Indian coun- premium that would apply to a current em- The Indian Environmental General try. ployee. Assistance Program Act authorizes the The Administration believes that this pro- I urge my colleagues to support the posal would provide a very useful tool to as- Environmental Protection Agency to passage of this legislation and join me sist agencies in making needed cuts under award multimedia grants to Indian in this effort to assist Indian tribes to appropriate controls and effective program tribal governments for the purpose of improve environmental quality on In- administration. developing tribal capacity to establish dian lands. The Office of Management and Budget ad- environmental regulatory programs. vises that the enactment of this legislative Before the Committee on Indian Af- By Mr. FEINGOLD (for himself, proposal would be in accord with the pro- fairs, Indian tribes have testified re- Mr. BRADLEY, and Mr. gram of the President. Sincerely, garding the need for a diversified and WELLSTONE): S. 1835. A bill to expand the defini- JAMES B. KING, flexible funding mechanism to allow Director.∑ for the development of tribal environ- tion of limited tax benefit for purposes mental programs across a wide range of of the line-item veto; to the Committee By Mr. MCCAIN (for himself, Mr. media areas. on the Budget and the Committee on INOUYE, Mr. SIMON, and Mr. DO- The General Assistance Program al- Governmental Affairs, jointly, pursu- MENICI): lows Indian tribes to tailor an environ- ant to the order of August 4, 1977, that S5772 CONGRESSIONAL RECORD — SENATE June 4, 1996 if one committee reports the other Also, if all persons owning the same income tax brackets than they are to have 30 days to report or be discharged. type of property, or issuing the same families with lower incomes. THE LINE-ITEM VETO ACT EXPANSION ACT OF 1996 type of investment, receive the same In some instances, tax expenditures Mr. FEINGOLD. Mr. President, I am treatment from a tax expenditure, that provide no benefit at all to individuals pleased to introduce legislation to ex- tax expenditure is beyond the reach of with lower incomes. pand the Line-Item Veto Act to cover the President’s new authority. This is not the case with entitlement one of the largest and fastest growing And, there are still more exceptions and discretionary spending programs— areas of the Federal budget, tax ex- that make it even harder for a Presi- both areas covered by the Line-Item penditures. dent to trim unnecessary spending Veto Act. The benefits of those pro- I am especially proud to be joined in done through the Tax Code. For exam- grams often are targeted to those with offering this legislation by two col- ple, if any difference in the treatment lower income. leagues who have worked to ensure of persons by a new tax expenditure is The net effect is that the scope of the that tax expenditures receive the scru- based solely on the size or form of the current Line-Item Veto Act covers pro- tiny that other forms of spending re- business or association involved, or, in grams that often benefit those with ceive, my good friends, the Senator the case of individuals, general demo- low and moderate income, while it is from New Jersey [Mr. BRADLEY] and graphic conditions, then the new powerless with regard to programs that the Senator from Minnesota [Mr. spending cannot be touched by the often benefit individuals and corpora- WELLSTONE]. President except as part of a veto of tions with higher incomes. In addition to our effort here in the the entire piece of legislation which Mr. President, tax expenditures have Senate, I am pleased that my good contains the new spending. another feature that makes it espe- friend, Congressman TOM BARRETT of Mr. President, we find none of these cially important that we extend the Milwaukee, is spearheading this legis- elaborate restrictions on spending done new Line-Item Veto Act to cover them, lation in the other body. Both bills ex- through the appropriations process or namely their status as a kind of super- pand the Line-Item Veto Act which through entitlements. The new Presi- entitlement. Once enacted, a tax ex- was signed into law recently, and dential authority is handcuffed only penditure continues to spend money which will take effect next January for spending done through the Tax without any additional authorization and remain in force for the next 8 Code. or appropriation, and without any reg- years. Mr. President, this raises several ular review. In fact, while even funding Mr. President, both Congressman problems. for entitlements like Medicare or Med- BARRETT and I supported the new Line- First, and foremost, it partitions off icaid can be suspended in rare in- Item Veto Act that was signed into law an enormous portion of the Federal stances such as a Government shut- a few weeks ago. Though it isn’t the budget from this new tool to cut waste- down, funding for a tax expenditure is whole answer to our deficit problem, I ful and unnecessary spending. Citizens never interrupted. very much hope it will be part of the for Tax Justice estimates that we are Tax expenditures enjoy a status that answer. spending over $450 billion through the is far above any other kind of govern- However, the new Line-Item Veto Tax Code this year, nearly $480 billion ment spending, and as such, it should Act failed to address one of the largest, next year, and a whopping $3.7 trillion receive special scrutiny. Extending the and fastest growing areas of Federal over the next 7 years. If the authority Line-Item Veto Act to cover them will spending—the program spending done through the Tax Code, often called tax established by the Line-Item Veto Act provide some of that needed review. Mr. President, as I have noted, tax expenditures. is to have meaning, it cannot be pre- Citizens for Tax Justice estimates empted from being used to scrutinize expenditures make up a huge portion of that over the next 7 years, we will this much spending. the budget. They will soon exceed the spend $3.7 trillion on tax expenditures. A second problem raised by the in- entire Federal discretionary budget. In the coming fiscal year, it is esti- ability of the new Presidential author- Citizens for Tax Justice reports that if mated that we will spend more on pro- ity to address new tax expenditures is all current tax expenditures were sud- grams through the Tax Code, nearly that it creates an enormous loophole denly repealed, the deficit could be $480 billion, than we will on discre- through which questionable spending eliminated and income tax rates could tionary spending for defense, agri- can escape. The current Line-Item be reduced across the board by about 25 culture, the Commerce Department Veto Act power given the President percent. programs, education, the environment, formally covers discretionary spending Clearly, tax expenditures have an health programs including medical re- and new entitlement authority. But a enormous impact on the deficit, and we search, housing programs, the Justice special interest intent on enacting its need to pursue two tracks with regard Department, transportation, veterans pork-barrel spending could still do so to them. First, we must cut some of affairs, the space program, the entire by avoiding the discretionary or enti- the $455 billion in existing spending Federal judiciary, and the entire legis- tlement formats, and instead trans- done through the Tax Code. Any bal- lative branch. form their pork into a tax expenditure. anced plan to eliminate the deficit over Mr. President, despite making up a As a tax expenditure, most special in- the next few years must contain cuts huge portion of the Federal budget, tax terest pork is beyond the reach of the to spending in this area. expenditures are off the table with re- Line-Item Veto Act. And second, with so much of our gard to the new Presidential authority Mr. President, this gaping hole is big budget already dedicated to this kind which only extends to so-called limited enough to sink the entire ship. of spending, we must bring tax expendi- tax benefits, defined in part to be a tax No matter how powerful this new au- tures under the Line-Item Veto Act expenditure that benefits 100 or fewer thority is with regard to discretionary and give the President the authority to taxpayers. Thus, as long as the tax at- spending and entitlement authority, it act on new spending in this area as he torneys can find 101 taxpayers—indi- is virtually useless against tax expend- does in other areas. viduals, corporations, or both—who itures, and thus invites special inter- Our legislation does just that by benefit from the proposed tax expendi- ests to use this avenue to deliver pork. eliminating the highly restrictive lan- ture, it is beyond the reach of the new Mr. President, a further problem guage with respect to tax expenditures. Presidential authority. with the lack of adequate Presidential Mr. President, as with the recently Mr. President, it may not even be review in this area is the very real po- enacted Line-Item Veto Act itself, this necessary for the tax attorneys to find tential for inequities in the implemen- bill to extend that new authority is not that one 101st taxpayer. If a tax ex- tation of the new Line-Item Veto Act the whole answer to our deficit prob- penditure gives equal treatment to all authority. These inequities arise in lems, but it can be part of the answer, persons in the same industry or en- part from the progressive structure of and I urge my colleagues to support gaged in the same type of activity, it is marginal tax rates—as income rises, this effort to put teeth into the new exempt from the new Presidential au- higher tax rates are applied. In turn, Presidential authority with respect to thority no matter how few benefit from this means that many tax expenditures the tax expenditure portion of the Fed- the special treatment. are worth more to those in the higher eral budget. June 4, 1996 CONGRESSIONAL RECORD — SENATE S5773 Mr. President, I ask unanimous con- ‘‘( ) CLARION RIVER, PENNSYLVANIA.—The amend the Internal Revenue Code of sent that the text of the bill be printed 51.7-mile segment of the main stem of the 1986 to clarify the standards used for in the RECORD. Clarion River from the Allegheny National determining whether individuals are There being no objection, the bill was Forest/State Game Lands Number 44 bound- not employees. ary, located approximately 0.7 miles down- ordered to be printed in the RECORD, as stream from the Ridgway Borough limit, to S. 1661 follows: an unnamed tributary in the backwaters of At the request of Mr. PRESSLER, the S. 1835 Piney Dam approximately 0.6 miles down- name of the Senator from Wyoming Be it enacted by the Senate and House of Rep- stream from Blyson Run, to be administered resentatives of the United States of America in by the Secretary of Agriculture in the fol- [Mr. SIMPSON] was added as a cosponsor Congress assembled, lowing classifications: of S. 1661, a bill to specify that States SECTION 1. AMENDMENT TO CONGRESSIONAL ‘‘(A) The approximately 8.6 mile segment may waive certain requirements relat- BUDGET ACT. of the main stem from the Allegheny Na- ing to commercial motor vehicle opera- Section 1026(9) of the Congressional Budget tional Forest/State Game Lands Number 44 tors under chapter 313 of title 49, Unit- and Impoundment Control Act of 1974 (as boundary, located approximately 0.7 miles ed States Code, with respect to the op- added by the Line Item Veto Act) is amended downstream from the Ridgway Borough erators of certain farm vehicles, and to read as follows: limit, to Portland Mills, as a recreational for other purposes. ‘‘(9) LIMITED TAX BENEFIT.—The term ‘lim- river. ited tax benefit’ means any tax provision ‘‘(B) The approximately 8-mile segment of S. 1703 that has the practical effect of providing a the main stem from Portland Mills to the Al- At the request of Mr. MURKOWSKI, the benefit in the form of different treatment to legheny National Forest boundary, located name of the Senator from Connecticut a particular taxpayer or a limited class of approximately 0.8 miles downstream from taxpayers, whether or not such provision is Irwin Run, as a scenic river. [Mr. LIEBERMAN] was added as a co- limited by its terms to a particular taxpayer ‘‘(C) The approximately 26-mile segment of sponsor of S. 1703, a bill to amend the or class of taxpayers.’’. the main stem from the Allegheny National Act establishing the National Park Forest boundary, located approximately 0.8 Foundation. By Mr. SANTORUM: miles downstream from Irwin Run, to the S. 1729 S. 1836. A bill to designate a segment State Game Lands 283 boundary, located ap- of the Clarion River, located in Penn- proximately 0.9 miles downstream from the At the request of Mrs. HUTCHISON, the sylvania, as a component of the Na- Cooksburg bridge, as a recreational river. name of the Senator from Wyoming tional Wild and Scenic Rivers System, ‘‘(D) The approximately 9.1-mile segment [Mr. SIMPSON] was added as a cosponsor and for other purposes; to the Commit- of the main stem from the State Game Lands of S. 1729, a bill to amend title 18, Unit- tee on Energy and Natural Resources. 283 boundary, located approximately 0.9 ed States Code, with respect to stalk- miles downstream from the Cooksburg ing. NATIONAL WILD AND SCENIC RIVERS SYSTEM bridge, to an unnamed tributary at the back- LEGISLATION waters of Piney Dam, located approximately S. 1731 Mr. SANTORUM. Mr. President, I 0.6 miles downstream from Blyson Run, as a At the request of Mr. CRAIG, the rise today to introduce a measure to scenic river.’’. names of the Senator from Idaho [Mr. add 51.7 miles of Pennsylvania’s Clar- f KEMPTHORNE] and the Senator from ion River to the National Wild and Sce- ADDITIONAL COSPONSORS New Mexico [Mr. DOMENICI] were added nic Rivers System. This bill, which as cosponsors of S. 1731, a bill to reau- Senator SPECTER has joined as an origi- S. 341 thorize and amend the National Geo- nal cosponsor, is companion legislation At the request of Mr. BROWN, the logic Mapping Act of 1992, and for other to a measure being introduced in the name of the Senator from Colorado purposes. House of Representatives today by [Mr. CAMPBELL] was added as a cospon- Congressman BILL CLINGER. sor of S. 341, a bill to extend the au- S. 1735 Our bill designates segments of the thorization of the Uranium Mill At the request of Mr. PRESSLER, the main stem of the Clarion River from Tailings Radiation Control Act of 1978, names of the Senator from Illinois [Ms. the Allegheny National Forest-State and for other purposes. MOSELEY-BRAUN] and the Senator from Game Lands No. 44 boundary to the S. 491 Alaska [Mr. MURKOWSKI] were added as backwaters of Piney Dam as part of the At the request of Mr. BREAUX, the cosponsors of S. 1735, a bill to establish National Wild and Scenic Rivers Sys- name of the Senator from Vermont the United States Tourism Organiza- tem. This designation will help to pre- [Mr. JEFFORDS] was added as a cospon- tion as a nongovernmental entity for serve and protect the significant scenic sor of S. 491, a bill to amend title XVIII the purpose of promoting tourism in and recreational values of these seg- of the Social Security Act to provide the United States. ments of the Clarion River. coverage of outpatient self-manage- S. 1740 This measure will conclude work ment training services under part B of begun by the late Senator John Heinz. At the request of Mr. NICKLES, the the medicare program for individuals names of the Senator from Mississippi It was his legislation to add a portion with diabetes. of the Allegheny River to the National [Mr. LOTT], the Senator from Alabama Wild and Scenic Rivers System that S. 684 [Mr. SHELBY], the Senator from New also authorized the study of the Clar- At the request of Mr. HATFIELD, the Hampshire [Mr. SMITH], the Senator ion River to determine its eligibility. name of the Senator from Georgia [Mr. from South Carolina [Mr. THURMOND], The study was concluded earlier this COVERDELL] was added as a cosponsor the Senator from Kentucky [Mr. year. And enactment of the bill that of S. 684, a bill to amend the Public MCCONNELL], the Senator from Penn- sylvania [Mr. SANTORUM], and the Sen- Senator SPECTER and I are offering Health Service Act to provide for pro- today will bring Senator Heinz’s efforts grams of research regarding Parkin- ator from Virginia [Mr. WARNER] were full circle. son’s disease, and for other purposes. added as cosponsors of S. 1740, a bill to Thank you, Mr. President. I ask S. 1389 define and protect the institution of unanimous consent that the full text of At the request of Mrs. FEINSTEIN, the marriage. this bill appear in the RECORD. names of the Senator from Illinois [Ms. S. 1743 There being no objection, the bill was MOSELEY-BRAUN] and the Senator from At the request of Mr. BINGAMAN, the ordered to be printed in the RECORD, as Washington [Mrs. MURRAY] were added names of the Senator from Arizona follows: as cosponsors of S. 1389, a bill to reform [Mr. KYL], the Senator from South Da- S. 1836 the financing of Federal elections, and kota [Mr. PRESSLER], the Senator from Be it enacted by the Senate and House of Rep- for other purposes. Texas [Mrs. HUTCHISON], the Senator resentatives of the United States of America in S. 1610 from Kansas [Mrs. KASSEBAUM], and Congress assembled, At the request of Mr. BOND, the the Senator from Iowa [Mr. HARKIN] SECTION 1. DESIGNATION OF THE CLARION RIVER. names of the Senator from Washington were added as cosponsors of S. 1743, a Section 3(a) of the Wild and Scenic Rivers [Mr. GORTON] and the Senator from bill to provide temporary emergency Act (16 U.S.C. 1274(a)) is amended by adding New Hampshire [Mr. GREGG] were livestock feed assistance for certain at the end the following: added as cosponsors of S. 1610, a bill to producers, and for other purposes. S5774 CONGRESSIONAL RECORD — SENATE June 4, 1996 SENATE CONCURRENT RESOLUTION 63 the Cure to demonstrate their commitment Oil Spill Prevention and Response Im- At the request of Mrs. KASSEBAUM, to fighting breast cancer; provement Act. the names of the Senator from Mis- Whereas the National Race for the Cure in The PRESIDING OFFICER. Without Washington, D.C., is the largest 5 kilometer souri [Mr. BOND], the Senator from objection, it is so ordered. race in the country, with 35,000 walkers, run- Texas [Mr. GRAMM], the Senator from ners, and in-line skaters expected to partici- COMMITTEE ON FOREIGN RELATIONS New Mexico [Mr. DOMENICI], and the pate this year; and Mr. KYL. Mr. President, I ask unani- Senator from Texas [Mrs. HUTCHISON] Whereas the Seventh National Race for the mous consent that the Committee on were added as cosponsors of Senate Cure is to be held on Saturday, June 15, 1996, Foreign Relations be authorized to Concurrent Resolution 63, a concurrent in Washington, D.C.: Now, therefore, be it meet during the session of the Senate resolution to express the sense of Con- Resolved, That the Senate designates Sat- on Tuesday, June 4, 1996, at 10 a.m. to urday, June 15, 1996, as ‘‘National Race for gress that the Secretary of Agriculture hold a hearing. should dispose of all remaining com- the Cure Day’’. The President is authorized and requested to issue a proclamation call- The PRESIDING OFFICER. Without modities in the disaster reserve main- ing upon the people of the United States to objection, it is so ordered. tained under the Agricultural Act of observe the day with appropriate programs COMMITTEE ON THE JUDICIARY 1970 to relieve the distress of livestock and activities. Mr. KYL. I ask unanimous consent producers whose ability to maintain f that the Committee on the Judiciary livestock is adversely affected by the be authorized to meet for a hearing on prolonged drought conditions existing NOTICES OF HEARINGS S. 1237, the Child Pornography Preven- in certain areas of the United States, SUBCOMMITTEE ON INVESTIGATIONS tion Act of 1995, during the session of and for other purposes. Mr. STEVENS. Mr. President, I the Senate on Tuesday, June 4, 1996, at SENATE RESOLUTION 243 would like to announce for the infor- 10 a.m. At the request of Mr. ROBB, the name mation of the Senate and the public The PRESIDING OFFICER. Without of the Senator from Mississippi [Mr. that the Permanent Subcommittee on objection, it is so ordered. LOTT] was added as a cosponsor of Sen- Investigations of the Committee on SUBCOMMITTEE ON INTERNATIONAL TRADE ate Resolution 243, a resolution to des- Governmental Affairs, will hold hear- Mr. KYL. Mr. President, the Finance ignate the week of May 5, 1996, as ‘‘Na- ings regarding security in cyberspace. Committee requests unanimous con- tional Correctional Officers and Em- This hearing will take place on sent for the Subcommittee on Inter- ployees Week.’’ Wednesday, June 5, 1996, in room 342 of national Trade to hold a hearing on the f the Dirksen Senate Office Building. permanent extension of most-favored- SENATE RESOLUTION 257—REL- For further information, please contact nation [MFN] trade status to Romania ATIVE TO THE RACE FOR THE Daniel S. Gelber of the subcommittee on Tuesday, June 4, 1996, beginning at CURE DAY staff at 224–9157. 2 p.m. in room SD–215. COMMITTEE ON ENERGY AND NATURAL Mr. FORD (for himself, Mr. BAUCUS, The PRESIDING OFFICER. Without RESOURCES Mr. BIDEN, Mr. BINGAMAN, Mrs. BOXER, objection, it is so ordered. Mr. MURKOWSKI. Mr. President, I Mr. BRADLEY, Mr. BRYAN, Mr. BUMP- f would like to announce that a full com- ERS, Mr. COATS, Mr. COHEN, Mr. CRAIG, mittee hearing has been scheduled be- ADDITIONAL STATEMENTS Mr. DASCHLE, Mr. DEWINE, Mr. DODD, fore the Committee on Energy and Nat- Mr. DOMENICI, Mr. EXON, Mr. FRIST, Mr. ural Resources. GRAMS, Mr. GRASSLEY, Mr. HEFLIN, Mr. The hearing will take place Tuesday, A WEEKEND WITHOUT WAR OVER HELMS, Mr. HOLLINGS, Mr. INHOFE, Mr. June 11, 1996, at 9:30 a.m. in room SD– THE ABORTION ISSUE INOUYE, Mrs. KASSEBAUM, Mr. 366 of the Dirksen Senate Office Build- Mr. SIMON. Mr. President, the New KEMPTHORNE, Mr. LAUTENBERG, Mr. ∑ ing in Washington, DC. York Times carried a story the other LEAHY, Mr. LEVIN, Mr. LUGAR, Mr. The purpose of this hearing is to re- day about people in Wisconsin from the MACK, Mr. MCCONNELL, Mr. MURKOW- ceive testimony on S. 1010, a bill to pro-life and pro-choice side of the abor- SKI, Mrs. MURRY, Mr. NUNN, Mr. PRES- amend the unit of general local govern- tion issues, to use the names each side SLER, Mr. PRYOR, Mr. REID, Mr. ROBB, ment definition for Federal payments uses, meeting together to talk about Mr. SARBANES, Mr. SIMON, Mr. SMITH, in lieu of taxes to include unorganized what can be done in a constructive way Mr. SPECTER, Mr. THOMAS, Mr. THUR- boroughs in Alaska, and for other pur- on the issue of abortion. MOND, Mr. WARNER, Mr. WELLSTONE, poses, S. 1807, a bill to amend the Alas- About 100 people met at this meeting. Mr. WYDEN, Mr. KERRY, Mr. GRAMM, ka Native Claims Settlement Act, re- I commend them for doing it. Mrs. HUTCHISON, Ms. SNOWE, Mr. garding the Kake Tribal Corp. public This is a meeting that I or some AKAKA, Mrs. FEINSTEIN, and Mr. interest land exchange, and S. 1187, a other Member of the Senate should LIEBERMAN) submitted the following bill to convey certain real property lo- resolution; which was referred to the have called a long time ago. cated in the Tongass National Forest Committee on the Judiciary: I remember when Cardinal Bernardin, to Daniel J. Gross, Sr., and Douglas K. the Roman Catholic prelate in the Chi- S. RES. 257 Gross, and for other purposes. cago area, said that people of sincerity Whereas breast cancer strikes an esti- Those who wish to testify or to sub- on both sides ought to be meeting and mated 184,000 women and 1,000 men in the mit written testimony should write to United States annually; trying to work together on a common Whereas breast cancer will kill 44,300 the Committee on Energy and Natural agenda. women in the United States alone this year; Resources, U.S. Senate, Washington, For example, we know that girls and Whereas breast cancer is the leading cause DC 20510. Presentation of oral testi- boys who drop out of high school are of death for women between the ages of 35 mony is by committee invitation. For much more likely to be involved in and 54; further information, please contact Jo teenage pregnancies. And a high per- Whereas death rates resulting from breast Meuse or Brian Malnak. centage of those end in abortions. cancer could be substantially decreased if women were informed about the risks of con- f If we have programs to encourage people to stay in high school, we are tracting the cancer and if they received AUTHORITY FOR COMMITTEES TO mammograms on a regular basis; going to have fewer abortions. Whereas the Race of the Cure is dedicated MEET That may not be as emotionally sat- to eradicating breast cancer through provid- COMMITTEE ON ENVIRONMENT AND PUBLIC isfying as carrying a picket sign or ha- ing funding for research, education, treat- WORKS ranguing someone, but it does infi- ment, and screenings for low-income women; Mr. KYL. Mr. President, I ask unani- nitely more constructive good and it is Whereas throughout the year, almost mous consent that the full Committee something that both sides could agree 340,000 participants in 65 cities across the United States (including the first-time host on Environment and Public Works be upon. cities of Los Angeles, Las Vegas, Cheyenne, granted permission to conduct a hear- I applaud the leaders, Mary Jacksteit Sacramento, Battle Creek, Baton Rouge, and ing on Tuesday, June 4, at 9:30 a.m., and Sister Adrienne Kaufmann, for Louisville) will join together in Races for hearing room (SD–406) on S. 1730, the what they are doing. June 4, 1996 CONGRESSIONAL RECORD — SENATE S5775 I ask that the New York Times arti- pregnancy and refers them to a crisis preg- posed by the State of Israel. Israel, the cle be printed in the RECORD. nancy center run by opponents of abortion. reader was warned, is a ‘‘nontradi- The article follows: These services were arranged by the direc- tional adversary’’ with a proven his- tors of the clinic and the crisis center, who A WEEKEND WITHOUT WAR OVER THE tory of aggressive espionage against are members of Common Ground. ABORTION ISSUE In 1995, after the announcement that two the United States, utilizing the strong MADISON, WI.—In workshops and seminars, abortion clinics would be built in Davenport, ethnic ties to Israel present in the 100 people from both sides in the fight over Iowa, Common Ground members talked United States and the skilled exploi- abortion met here this weekend to talk about ways to reduce the potential for vio- tation of selective employment oppor- about their beliefs without proselytizing or lence. tunities to infiltrate American indus- condemning each other. In another workshop on Friday, partici- At its first national conference, which try. pants critiqued their own sides in the abor- These are serious allegations. They ended today at the University of Wisconsin, tion conflict. a group known as the Common Ground Net- are substantiated with a reading list of ‘‘I think it’s possible to disagree with three leading daily newspapers and work for Life and Choice brought together somebody without calling them a baby killer community organizers, members of the cler- or believing they are monsters of fiends,’’ four recent best-selling books about Is- gy, writers and academics in an effort to de- said Frederica Mathewes-Green, the author raeli espionage. No specific citations, fuse the rancor that often colors the abor- of ‘‘Real Choices’’ and an abortion opponent. no references to pages, or even issues of tion debate. The slogan ‘‘It’s a baby,’’ popularized by the newspapers. No attempt to link the ‘‘Common Ground is trying to maintain a abortion opponents, only deadlocks the de- explosive statements in the memoran- civil environment in which people can dis- bate, Ms. Mathewes-Green said. It perpet- dum to the list of sources that follow. cuss the issues,’’ said Mary Jacksteit, a uates the misbelief that women and babies former labor lawyer who co-founded the or- Before entering the Senate, I taught are on opposite sides of the issues, she added, at both Syracuse and Harvard Univer- ganization in Washington in 1993. ‘‘This is and alienates women who face unplanned the place for light instead of heat.’’ pregnancies. sities. Had I received a term paper from The aim, Ms. Jacksteit said, is to ease the Conversely, the slogan ‘‘It’s a woman’s a college freshman with such inad- dispute over abortion and find points of com- choice’’ trivializes the death of the fetus, the equate documentation I would have re- monalty that can be put into practice on a author Naomi Wolf told participants at the turned it without bothering to read the local level. Friday workshop. The death of the fetus has material. Critics say Common Ground members risk become ‘‘the blind spot’’ of the abortion- But add the magic words counter- compromising their beliefs by fraternizing rights movement, said Ms. Wolf, who sup- intelligence profile and send it out on a with their opponents. But Ms. Jacksteit said ports abortion rights and who last fall con- the group’s focus was not necessarily on computer from the Defense Investiga- demned the oratory of the abortion-rights tive Service and for 3 long months abortion. movement in an essay in The New Republic. Rather than developing a middle position, ‘‘I think there is a great hunger in Amer- these ugly allegations festered unchal- the organization favors exploring issues that ica for a discussion on this issue,’’ she added. lenged. For 3 long months none of the can have a cause and effect bearing on abor- Most Americans ‘‘want to preserve abortion 250 defense contractors who had re- tion—like teen-age pregnancy, birth control, as a legal right, but condemn it as a moral ceived this document raised a question adoption and sexual responsibility. iniquity.’’ Ms. Jacksteit and the group’s other found- in public. After all, who wanted to be- Many Common Ground members said they er, Adrienne Kaufmann, a Benedictine nun, tray the contents of a Defense Depart- were viewed with suspicion not by their ad- refrain from labeling themselves and decline ment counterintelligence profile, albeit versaries but by their allies. They said their to be pinned down on the beliefs. one adorned with a notation that the willingness to sit down and listen to the ‘‘Neither one of us have been either pro-life enemy was seen as a form of betrayal. document did ‘‘not necessarily rep- or pro-choice activists,’’ sister Kaufmann The apparent mistrust is not a surprise to resent the views of the Defense Inves- said. ‘‘We do not have a hidden agenda.’’ tigative Service or the Department of Many participants in the conference iden- Sister Kaufmann. tified their position only by attaching col- ‘‘We live in an adversarial society,’’ she Defense?’’ Certainly not a defense con- ored stickers to their name tags, a green dot said. ‘‘To be in a non-contentious conversa- tractor concerned that such action indicating support of abortion rights, a blue tion with someone is viewed as strange be- might raise suspicions of involvement dot indicating opposition. One-third had blue havior.’’∑ in the pro-Israel cabal. Incidently, the dots, one-third had green dots and one-third f very word ‘‘cabal’’ has its roots in the had no sticker. medieval suggestion that Jewish REPORT ON THE DEFENSE INVES- In a Friday workshop, groups of partici- sages—students of the Cabala—were TIGATIVE SERVICE MEMORAN- pants sat knee to knee in a circle of chairs, planning to subvert established Euro- Planned Parenthood board members beside DUM pean regimes. Operation Rescue organizers, a Baptist min- ∑ Mr. MOYNIHAN. Mr. President, for ister who supports abortion rights beside The silence that greeted this out- someone long active in social issues who op- over a year I have served as the Chair- rageous memorandum is hardly the poses abortion. man of the Commission on Protecting first time that people who knew better ‘‘When President Clinton vetoed the late- and Reducing Government Secrecy. have been quiet in the face of similar term abortion bill, I was pleased,’’ said the Among the Commission’s concerns is ugly allegations. Mel Taylor, a Baptist pastor for Denver and the often corrupting nature of secrets. A century ago the Czar’s secret po- a supporter of abortion rights. ‘‘But I was Undocumented allegations, sweeping lice crafted their own counterintel- also very aware of how my friends on the generalizations, personal biases, and ligence profile in response to the other side were grieving. What I can’t do outright lies can all be wrapped in the anymore is gloat.’’ world’s outrage at the government- For the participants, a willingness to en- protective cloak of secrecy and receive sanctioned pogroms against Russian gage in dialogue did not mean conceding a level of credibility that they would Jews. This document, the infamous their beliefs. quickly lose if their documentation Protocols of the Elders of Zion, pur- ‘‘I don’t feel like I have to give an inch at and sources were subject to public ported to be proof of the international all,’’ said Loretto Wagner, a veteran abor- scrutiny. In addition to the problem of Jewish conspiracy bent on world domi- tion opponent who started the Common formal classification, the Commission nance. After the First World War, the Ground chapter in St. Louis. ‘‘To learn to has witnessed examples of instances in Protocols were translated into numer- trust people does not demand any kind of compromise. But I don’t have to stand on my which unclassified information gath- ous languages and became popular in principles with my chin thrust out in con- ered from open sources is given greater nativist and anti-Semitic circles in frontation. The whole concept of Common weight by restricting the distribution this country. Virtually everyone knew Ground involves recognizing our similarities of such information to those who hold the Protocols were an ugly lie. But for rather than our differences, and not coercing security clearances. We were recently much too long almost no one had the or forcing our agenda on someone.’’ witness to an example of this phenome- courage to say so in a clear and unam- With 1,500 members in 21 states, Common non. biguous voice. Ground has tried such bridge-building in a In October, 1995, a counterintel- The damage done by the Defense In- number of communities, Ms. Jacksteit said. In Buffalo, Common Ground works with ligence profile by the Defense Inves- vestigative Service memorandum was schools to combat teen-age pregnancy. In St. tigative Service of the Defense Depart- real and the questions it raised could Louis, an abortion clinic gives prenatal care ment was sent to 250 leading defense not be ignored. The loyalties and integ- to women who decide not to terminate a contractors warning of the danger rity of millions of American citizens S5776 CONGRESSIONAL RECORD — SENATE June 4, 1996 have been questioned in a report pre- some of the finest colleges and univer- repeal the 4.3-cent-a-gallon gasoline tax, and pared at Government expense and re- sities around; they have built music I’ve changed my mind about the old guy. leased, in a manner which suggested it and entertainment industries; and they Yes, sir, scrapping the gasoline tax. That’s the sort of leadership America needs; that’s carried the authority of the Depart- have helped develop the technology the sort of spirit of sacrifice the country’s ment of Defense, to a select group of that will advance Tennessee into its been missing: a President who’s ready to sac- corporations who were advised to be third successful century. And Mr. rifice the budget, to sacrifice the environ- cautious about employees with strong President, they have all—in one way or ment, to sacrifice energy conservation, to ethnic ties to Israel. another—contributed to the fortune of sacrifice oil reserves in order to save the When I learned of this memorandum our State and Nation. American people 4.3 cents a gallon. And in January, I spoke to Under Secretary Mr. President, as Tennessee looks when Mr. Dole’s sidekick Dick Armey, the House majority leader, suggested that we of Defense John White to say that we back proudly on the accomplishments consider cutting the education budget to need to have an affirmative statement of its first 200 years, let us also recog- make up for the lost gas-tax revenue, well, of what the policy of the Department nize the bright future that lies ahead then and there I knew I was a Dole man. I of Defense is. Which is to say that Is- for my home state. The volunteers of mean, cutting education to save Americans a rael is most assuredly not a nontradi- Tennessee are no longer living on the few pennies a gallon at a time when their gas tional adversary and that defense con- frontier, but their pioneering minds is already the cheapest in the world—that’s tractors are in no way to consider eth- the kind of thinking that will keep us the and spirits continue to drive them to- world’s most competitive nation in the 21st nic origins in their employment prac- ward success. So Mr. President, I rise century. I sure hope the Japanese don’t get tices. I subsequently met with Michael today to celebrate with my fellow Ten- that idea. Waguespack, Director of the National nesseans as we all look forward to the Are we out of our minds? Raising the gas Counterintelligence Center, and with prosperous growth and bountiful suc- tax has been one of the few smart things John F. Donnelly, then the Director of cess that the next 200 years of Ten- we’ve done in recent years. It promotes en- the Defense Investigative Service. Both ergy conservation, it helps protect the air, it nessee history will behold.∑ encourages development of alternative ener- appreciated the implications and les- f gies, it promotes national security by reduc- sons of this incident. One hopes that no THE SILLY SEASON ing U.S. dependence on foreign oil supplies— group of Americans, and no foreign and it reduces the budget deficit. That 4.3- country, ever has to endure similar al- ∑ Mr. SIMON. Mr. President, I felt like cent-a-gallon tax raises $5 billion a year. It legations.∑ cheering as I read Tom Friedman’s col- is one of the reasons the deficit has been cut in half since 1993. f umn in the New York Times on the Any proposal to repeal the gas tax should gasoline tax, which I ask to be printed be hooted out of Congress with scorn. Unfor- SALUTE TO TENNESSEE’S in the RECORD after my remarks. BICENTENNIAL tunately, that’s not what President Clinton Frankly, no tax cut makes any sense did. Instead he’s trying to trade his support ∑ Mr. FRIST. Mr. President, I rise when we are still running a huge defi- for this idiotic gas-tax repeal for a Repub- today in recognition and celebration of cit. Tax cuts are pandering at their lican endorsement of his proposal to raise Tennessee’s 200th birthday. Two hun- worst. the minimum wage—the worst sort of elec- dred years ago, when Tennessee’s state- But of all the tax cuts the one that tion-year poker. Mr. Clinton is saying to Mr. hood was in its infancy, pioneers and Dole: ‘‘I see your foolishness and I raise you makes the least sense is the 4.3-cent-a- one.’’ frontiersmen banded together to forge gallon cut in the gas tax. It is hard to believe that the Dole proposal a new future for the Southwest Terri- Even our neighbors in Canada, who for repeal of the gas tax is effective even as tory. Though the road to statehood was have much greater distances to cover political pandering. How many people are filled with many obstacles, including with a sparser population, have a gaso- really going to change their votes from Clin- land disputes with North Carolina and line tax roughly double our gasoline ton to Dole over 4.3 cents a gallon? More- Presidential politics that held the ter- tax. over, how can Republicans argue that a bal- ritory’s petition hostage, the spirit of anced budget and deficit reduction are the No country outside Saudi Arabia has two most urgent priorities in American poli- Tennessee’s founding fathers prevailed, a gas tax lower than ours. tics and then, when gas prices go up a bit due On July 1, 1796—months after our fore- We illustrate over and over again the to seasonal factors, simply discard the gas fathers called a convention and drafted need for doing what Thomas Jefferson tax without regard for the long-term budget a State constitution—President George first suggested—having a constitu- implications? ‘‘It only makes sense politi- Washington signed a bill into law and tional amendment to restrict Govern- cally if it is part of a broader Dole strategy Tennessee became the 16th State in the ment borrowing. for lowering taxes,’’ says Bill Kristol, editor Union. For most of the first two centuries of of the conservative Weekly Standard. And With a chain of mountains separating then for Mr. Armey to even hint that we our country’s existence that was not a might pay for this giveaway by cutting edu- them from their eastern neighbors and huge problem, but we are so motivated cation—that takes your breath away. For a a vast wilderness to their west, Ten- by polls and gimmicks that we are cheap political high with the shelf life of a nessee’s new citizens continued to rely doing a great disservice to our country. dead fish, a House Republican leader is ready on their frontier skills. It was that pio- If President Clinton had stood up and to cut $5 billion a year from education? How neer determination that laid the rock- said this is wrong, he would have could such a thought even cross Mr. Armey’s solid foundation for growth and pros- picked up support both in conservative mind? Forget about what a Dole Presidency perity in the State of Tennessee. It circles as well as generally. would be like; if this keeps up I’m not sure we can afford a Dole candidacy. wasn’t long before the population grew. It is interesting that after we had The truth is we shouldn’t be lowering our Settlers from Virginia, North Carolina, passed the 4.3-cent-a-gallon tax in- gas taxes. We should be raising them. Gaso- South Carolina, and Pennsylvania crease, I did not have a single person line is probably the best bargain commodity quickly moved in—first to mountain- among the 12 million people in Illinois in the U.S. marketplace. The latest blip ous east Tennessee and then went to object to that tax increase. aside, the real price of gasoline in the U.S. the hills of middle Tennessee and on to I talked to a western Senator where has been falling for 15 years (and if the Iraqi the banks of the Mississippi. Today, you might expect greater sensitivity, oil sanctions are eased by the U.N. soon, gas prices in the U.S. will likely resume that Tennessee’s population is as rich and and he told me he had the same experi- downward trend). In France and Italy, gas diverse as our native soil and our three ence. goes for $4.50 a gallon; in Japan it costs $3.75. grand regional divisions. The article follows: Most of the difference between their prices In the last 200 years, Tennesseans [From the New York Times] and ours is taxes that those Governments have become President and Vice Presi- use to finance public services. We could put THE SILLY SEASON dent of the United States; they have a 50-cent-a-gallon tax on U.S. gasoline, get (By Thomas L. Friedman) fought—sometimes brother against rid of the deficit and still have a huge com- brother—in bloody battles in the War WASHINGTON.—I have a confession to make: petitive edge over the Europeans and Japa- Even before the old Bob Dole became the new nese. ‘‘This is one of the easiest and most at- Between the States and have given Bob Dole, our family station wagon wasn’t tractive ways of raising tax revenue, and their lives on foreign soil in World exactly plastered with his bumper stickers. we’re just giving it away,’’ says the oil econ- Wars; they have toiled in hot fields and But last week I returned from an overseas omist Vahan Zanoyan, of the Petroleum Fi- on hot city streets; they have founded trip to find that Mr. Dole was proposing to nance Company. June 4, 1996 CONGRESSIONAL RECORD — SENATE S5777 In his speech announcing his resignation tions in my State, I was absent for two THE CURRENT LEVEL REPORT FOR THE U.S. SENATE, FIS- from the Senate, Mr. Dole insisted that: ‘‘My rollcall votes, rollcall Nos. 145 and 146. CAL YEAR 1996, 104TH CONGRESS, 2D SESSION, AS campaign for the President is not merely Had I been present, I would have OF CLOSE OF BUSINESS MAY 24, 1996—Continued about obtaining office. It’s about fundamen- voted ‘‘yea’’ on rollcall No. 145 and [In billions of dollars] tal things, consequential things, things that ‘‘nay’’ on rollcall No. 146.∑ are real. My campaign is about telling the Budget res- Current truth, it’s about doing what is right.’’ f olution (H. Current level over/ If that’s true, then I can’t wait for the Dole Con. Res. level under reso- BUDGET SCOREKEEPING REPORT 67) lution campaign to begin.∑ f ∑ Mr. DOMENICI. Mr. President, I 1996–2000 ...... 5,691.5 5,697.0 5.5 hereby submit to the Senate the budg- Deficit ...... 245.7 260.1 14.4 L.W. HIGGINS HIGH SCHOOL, et scorekeeping report prepared by the Debt Subject to Limit ...... 5,210.7 5,041.5 ¥169.2 MARRERO, LA Congressional Budget Office under sec- OFF-BUDGET Social Security Outlays: ∑ Mr. JOHNSTON. Mr. President, I rise tion 308(b) and in aid of section 311 of 1996 ...... 299.4 299.4 0.0 today to congratulate Jamie Staub’s the Congressional Budget Act of 1974, 1996–2000 ...... 1,626.5 1,626.5 0.0 Social Security Revenues: civics class from L.W. Higgins High as amended. This report meets the re- 1996 ...... 374.7 374.7 0.0 School in Marrero, LA, winners of the quirements for Senate scorekeeping of 1996–2000 ...... 2,061.0 2,061.0 0.0 Louisiana competition of the We the section 5 of Senate Concurrent Resolu- 1 The discretionary spending limits for budget authority and outlays for People . . . the Citizen and the Con- tion 32, the first concurrent resolution the Budget Resolution have been revised pursuant to Section 103(c) of P.L. stitution Program. These exceptional on the budget for 1986. 104–121, the Contract with America Advancement Act. Note.—Current level numbers are the estimated revenue and direct young people were participants in the This report shows the effects of con- spending effects of all legislation that Congress has enacted or sent to the national finals held in Washington, DC gressional action on the budget President for his approval. In addition, full-year funding estimates under current law are included for entitlement and mandatory programs requiring on April 27, through April 29, 1996. through May 24, 1996. The estimates of annual appropriations even if the appropriations have not been made. The The distinguished members of the budget authority, outlays, and reve- current level of debt subject to limit reflects the latest U.S. Treasury infor- mation on public debt transactions. team are: Stephen Deffner, Khai T. nues, which are consistent with the Duong, Kim Evans, Mary Rose Holly- technical and economic assumptions of THE ON-BUDGET CURRENT LEVEL REPORT FOR THE U.S. wood, Liliane Thuy Huynh, Danielle S. the 1996 concurrent resolution on the SENATE, 104TH CONGRESS, 2D SESSION, SENATE SUP- James, Ashley Huong Kha, Julie Larue, budget, House Concurrent Resolution PORTING DETAIL FOR FISCAL YEAR 1996, AS OF CLOSE Christina Magenta Lindsay, Lauren 67, show that current level spending is OF BUSINESS MAY 24, 1996 Elizabeth Mo, Cathy Thuy Nguyen, above the budget resolution by $15.5 [In millions of dollars] Michelle Thuy-Trang Nguyen, Traci billion in budget authority and by $14.3 Hong Pham, Shaun Adrian Posey, Hoai billion in outlays. Current level is $79 Budget authority Outlays Revenues X. Tran, Mary M. Tran, Euriah Marie million below the revenue floor in 1996 Walters, and Donald Alexander Win- and $5.5 billion above the revenue floor ENACTED IN PREVIOUS SESSIONS chester, Jr. over the 5 years 1996–2000. The current Revenues ...... 1,042,557 Permanents and other spending I would also like to recognize Jamie estimate of the deficit for purposes of legislation ...... 830,272 798,924 ...... Staub, their outstanding teacher, who calculating the maximum deficit Appropriation legislation ...... 242,052 ...... Offsetting receipts ...... ¥200,017 ¥200,017 ...... can be credited with much of the amount is $260.1 billion, $14.4 billion team’s success. The district coordina- above the maximum deficit amount for Total previously en- acted ...... 630,254 840,958 1,042,557 tor, Jane Wilson, and the State coordi- 1996 of $245.7 billion. nator, Catherine St. Amant, also de- Since my last report, dated May 2, ENACTED IN FIRST SESSION voted a great deal of time and were in- 1996, there has been no action to Appropriation bills: 1995 Rescissions and De- tegral to the team’s achievement. change the current level of budget au- partment of Defense The We the People . . . the Citizen thority, outlays, or revenues. Emergency Supplementals The report follows: Act (P.L. 104–6) ...... ¥100 ¥885 ...... and the Constitution Program is the 1995 Rescissions and Emer- most extensive educational program in U.S. CONGRESS, gency Supplementals for CONGRESSIONAL BUDGET OFFICE, Disaster Assistance Act the country developed specifically to (P.L. 104–19) ...... 22 ¥3,149 ...... educate youth about the Constitution Washington, DC, June 3, 1996. Agriculture (P.L. 104–37) ..... 62,602 45,620 ...... Hon. PETE V. DOMENICI, Defense (P.L. 104–61) ...... 243,301 163,223 ...... and the Bill of Rights. The 3-day na- Chairman, Committee on the Budget, Energy and Water (P.L. 104– tional competition simulates a con- 46) ...... 19,336 11,502 ...... U.S. Senate, Washington, DC. Legislative Branch (P.L. gressional hearing in which students’ DEAR MR. CHAIRMAN: The attached report 105–53) ...... 2,125 1,977 ...... oral presentations are judged on the for fiscal year 1996 shows the effects of Con- Military Construction (P.L. 104–32) ...... 11,177 3,110 ...... ability to apply constitutional prin- gressional action on the 1996 budget and is Transportation (P.L. 104–50) 12,682 11,899 ...... ciples to both historical and contem- current through May 24, 1996. The estimates Treasury, Postal Service (P.L. of budget authority, outlays and revenues 104–52) ...... 23,026 20,530 ...... porary issues. Offsetting receipts ...... ¥7,946 ¥7,946 ...... Administered by the Center for Civic are consistent with the technical and eco- Authorization bills: nomic assumptions of the 1996 Concurrent Self-Employed Health Insur- Education, the We the People Program, Resolution on the Budget (H. Con. Res. 67). ance Act (P.L. 104–7) ..... ¥18 ¥18 ¥101 now in its ninth academic year, has Alaska Native Claims Settle- The report is submitted under Section 308(b) ment Act (P.L. 104–42) ... 1 1 ...... reached more than 70,400 teachers and and in aid of Section 311 of the Congressional Fishermen’s Protective Act 226,000 students nationwide. Members Budget Act, as amended. Amendments of 1995 (P.L. 104–43) ...... (1) ...... of Congress and their staff enhance the Since my last report, dated May 2, 1996, Perishable Agricultural Com- program by discussing current con- there has been no action to change the cur- modities Act (P.L. 104– 48) ...... 1 (1) 1 stitutional issues with students and rent level of budget authority, outlays or revenues. Alaska Power Administration teachers. Sale Act (P.L. 104–58) .... ¥20 ¥20 ...... Sincerely, ICC Termination Act (P.L. This outstanding program provides JUNE E. O’NEILL, 104–88) ...... (1) an excellent opportunity for students Director. Total enacted first ses- to gain an informed perspective on the sion ...... 366,191 245,845 ¥100 significance of the U.S. Constitution THE CURRENT LEVEL REPORT FOR THE U.S. SENATE, FIS- and its place in history and in our CAL YEAR 1996, 104TH CONGRESS, 2D SESSION, AS ENACTED IN SECOND SESSION Appropriation bills: lives. I am very proud of the students OF CLOSE OF BUSINESS MAY 24, 1996 Ninth Continuing Resolution of L.W. Higgins High School and look [In billions of dollars] (P.L. 104–99) 2 ...... ¥1,111 ¥1,313 ...... District of Columbia (P.L. forward to their continued success in 104–122) ...... 712 712 ...... the future.∑ Budget res- Current Foreign Operations (P.L. olution (H. Current level over/ 104–107) ...... 12,104 5,936 ...... Con. Res. level under reso- f Offsetting receipts ...... ¥44 ¥44 ...... 67) lution Omnibus Rescission and Ap- ANNOUNCEMENT OF POSITION ON propriations Act of 1996 ON-BUDGET (P.L. 104–134) ...... 330,746 246,113 ...... VOTES Budget Authority 1 ...... 1,285.5 1,301.1 15.5 Offsetting receipts ...... ¥63,682 ¥55,154 ...... Outlays 1 ...... 1,288.2 1,302.5 14.3 Authorization bills: ∑ Mr. LIEBERMAN. Mr. President, on Revenues: Gloucester Marine Fisheries Wednesday, May 22, because of obliga- 1996 ...... 1,042.5 1,042.4 ¥0.1 Act (P.L. 104–91) 3 ...... 14,054 5,882 ...... S5778 CONGRESSIONAL RECORD — SENATE June 4, 1996 THE ON-BUDGET CURRENT LEVEL REPORT FOR THE U.S. [From the Springfield Catholic Times, Apr. are not trying to eliminate things that make SENATE, 104TH CONGRESS, 2D SESSION, SENATE SUP- 21, 1996] life pleasant and fun.’’∑ PORTING DETAIL FOR FISCAL YEAR 1996, AS OF CLOSE WORLDWIDE GAMBLING BOOM IS CAUSE FOR OF BUSINESS MAY 24, 1996—Continued CONCERN f [In millions of dollars] (By John Travis) VATICAN CITY.—A worldwide boom in gam- CELEBRATING 50 YEARS OF THE Budget bling—increasingly sponsored by the state— authority Outlays Revenues NATIONAL SCHOOL LUNCH PRO- is raising moral concerns among Vatican of- GRAM Smithsonian Institution ficials, theologians and Catholic social sci- Commemorative Coin Act entists. Mr. MCCONNELL. Mr. President, 50 (P.L. 104–96) ...... 3 3 ...... ∑ Saddleback Mountain Arizona Gambling is not a new issue for the church. years ago this June, President Harry Settlement Act (P.L. 104– Bingo has been a parish mainstay for dec- Truman signed the National School 102) ...... ¥7 ...... ades. Local churches have raised money Lunch Act into law declaring ‘‘Nothing Telecommunications Act of through raffles or other take-a-chance offer- 1996 (P.L. 104–104) 4 ...... is more important in our national life Farm Credit System Regu- ings. latory Relief Act (P.L. But this small-scale ‘‘social’’ gambling has than the welfare of our children, and 104–105) ...... ¥1 ¥1 ...... given way to a more aggressive form that, proper nourishment comes first in at- National Defense Authoriza- tion Act of 1996 (P.L. according to church experts, has a corrosive taining this welfare.’’ This created the 104–106) ...... 369 367 ...... effect on individuals, families and the entire modern School Lunch Program oper- Extension of Certain Expiring social fabric. In the U.S., nearly $500 billion Authorities of the Depart- ated through the U.S. Department of ment of Veterans Affairs is wagered legally every year. Agriculture. (P.L. 104–110) ...... ¥5 ¥5 ...... ‘‘Gambling is obviously reaching alarming To award Congressional Gold proportions. I think it represents a menace By the end of its first year about 7.1 Medal to Ruth and Billy Graham (P.L. 104–111) ... (1) (1) ...... to the basic institution of the family and to million children were participating in An Act Providing for Tax the community at large,’’ said Jerzy the National School Lunch Program. Benefits for Armed Forces Zubrzycki, a member of the Pontifical Acad- in Bosnia, Herzegovina, Today, over 25 million children receive Croatia and Macedonia emy of Social Sciences, who has spent years a nutritious lunch under the program. (P.L. 104–117) ...... ¥38 researching the effects of gambling. Contract with America Ad- Gambling ‘‘is a search for a quick fix, like The National School Lunch Program vancement Act (P.L. 104– is administered by Food and Consumer 121) ...... ¥120 ¥6 ...... the drug culture. It’s escapism instead of fac- Agriculture Improvement and ing one’s problems and trying to grow,’’ said Service, an agency of the U.S. Depart- Reform Act (P.L. 94–127) ¥325 ¥744 ...... U.S. Jesuit Father John Navone, a theolo- ment of Agriculture. At the State and Federal Tea Tasters Repeal Act of 1996 (P.L. 104– gian at Rome’s Gregorian University. local levels, the program is usually ad- 128) ...... (1) For Swiss Dominican Father Georges ministered by the State education Antiterrorism and Effective Cottier, Pope John Paul II’s in-house theolo- Death Penalty Act (P.L. agency in cooperation with local school 104–132) ...... 2 gian, the spread of gambling is no less than districts. a sign of a ‘‘social disease.’’ The house never Total enacted second loses, but the weak and their families often Throughout my career, I have been a session ...... 292,699 201,740 ¥36 do, he said. strong supporter of child nutrition pro- ENTITLEMENTS AND MANDATORIES Yet, surprisingly to many, the church’s of- grams. We in public service have no Budget resolution baseline esti- ficial teaching on gambling is quite tolerant. greater responsibility than to ensure mates of appropriated enti- According to the ‘‘Catechism of the Catholic the health an well-being of our Na- tlements and other manda- Church,’’ games of chance and betting are tory programs not yet en- tion’s children. I pledge my commit- not in themselves evil or unjust. acted ...... 11,913 13,951 ...... ment to continue to support the tre- Total Current Level 5 ...... 1,301,058 1,302,495 1,042,421 They become morally unacceptable when Total Budget Resolution ...... 1,285,515 1,288,160 1,042,500 they ‘‘deprive someone of what is necessary mendously successful School Lunch Amount remaining: to provide for his needs and those of others.’’ Program. Under Budget Resolution ...... 79 The catechism also rejects unfair wagers or Studies confirm and teachers readily Over Budget Resolution ...... 15,543 14,335 ...... cheating; but there’s no explicit mention of agree, that there is a clear link be- 1 Less than $500,000. the state’s role in promoting lotteries, casi- tween sound nutrition, learning abil- 2 P.L. 104–99 provides funding for specific appropriated accounts until nos or ‘‘scratch-and-win’’ tickets. ity, and the behavior of children. The September 30, 1996. The Vatican has not examined the finer 3 This bill, also referred to as the sixth continuing resolution for 1996, best education programs we can devise provides funding until September 30, 1996 for specific appropriated ac- moral points of state-sponsored gambling in counts. any comprehensive way, and the Congrega- will have little effect if children are 4 The effects of this Act on budget authority, outlays and revenues begin simply too hungry to concentrate. in fiscal year 1997. tion for the Doctrine of the Faith declined to 5 In accordance with the Budget Enforcement Act, the total does not in- answer questions about the issue. Church of- The School Lunch Program is a vital clude $4,551 million in budget authority and $2,458 million in outlays for ficials are, however, tracking recent state- ingredient in the recipe to provide nu- funding of emergencies that have been designated as such by the President ments against gambling by bishops in the and the Congress. tritious meals for America’s children. Note.—Detail may not add due to rounding.• U.S., Canada and Australia. ‘‘The state, instead of being a brake or a For many of our Nation’s children, the f guide on this issue, is playing the game it- meals they receive through the various self. Unfortunately, this is part of the crisis nutrition programs, especially the WORLDWIDE GAMBLING BOOM IS of values in society,’’ said Franciscan Father School Lunch Program, are the only CAUSE FOR CONCERN Pier Giuseppe Pesce, a Rome theologian who nutritious foods they eat all day. Over Mr. SIMON. Mr. President, a friend advises the Vatican. 93,000 schools and residential child care ∑ Mary Ann Glendon, a U.S. lawyer and a of mine, Robert Luken, sent me an ar- institutions participate in the National member of the Pontifical Academy of Social School Lunch Program. The program is ticle from the Catholic Times, the Sciences, said state-sponsored gambling Springfield, IL, diocesan newspaper often appears a painless way to produce available in 95 percent of all public with a story by John Thavis that was much-needed revenues. But really, it’s a ‘‘re- schools, representing 97 percent of all distributed by Catholic News Service gressive tax’’ that hits the poor hardest. public school children. under the title ‘‘Worldwide Gambling What she especially finds objectionable is Today, we not only celebrate the 50th Boom Is Cause for Concern,’’ which I that the state ‘‘imitates the private opera- anniversary of the School Lunch Pro- tors of casinos, in trickling in this little ask to be printed in the RECORD at the gram but also salute the women and wins’’ to keep people coming back. It’s ‘‘very men who contribute to the success of conclusion of my remarks. cynical and very exploitative,’’ she said. It contains not only good moral ad- Father Cottier said he thought the Vatican this program. I also want to thank the vice but good common sense that we should take a closer look at the morality of American School Food Service Asso- must keep in mind as we approach a all this. One way in which the issue might be ciation and their members for provid- decision on whether or not to have a advanced, he said, is for a bishop to pose for- ing high-quality, low-cost meals to Federal commission to look at the mal questions for response by the doctrinal children across the country. huge growth of gambling in our coun- congregation. The School Lunch Program is an in- But none of those interviewed was propos- try. ing a ban on gambling. The question is more vestment in our kids, an investment in I urge my colleagues to read the arti- complex than that, they said. our Nation’s future. Happy anniversary cle. As Glendon said, ‘‘When we address the and congratulations on a job well The article follows: moral issue we have to make sure that we done.∑ June 4, 1996 CONGRESSIONAL RECORD — SENATE S5779 IN MEMORY OF IVAN FRANK and their son Jonathan of Cedar Rap- perience added to the victory, making KARDOS ids, IA; Michael and his wife Kay of it truly a team effort. ∑ Mr. WELLSTONE. Mr. President, I Austin, TX, Gregory and his wife Bren- Those of us who have followed his rise to pay tribute to Ivan Frank da with their daughter Kelly and son, short career know that this is just the Kardos, an attorney, formerly of Wash- Scott of Farmington, NM, and daugh- tip of the iceberg for Steve Stricker. ington, DC, who died in his home in ter, Pamela Kardos-Gordon and her With his exceptional work ethic and Grove, OK, April 2, 1996, with his fam- husband, Wayne Gordon, of Upper dedication to making himself the best, ily and friends in attendance, after a Marlboro, MD.∑ Steve’s successes have only just begun. 21⁄2-year battle with cancer. He was cre- f With this in mind, I congratulate Steve Stricker on his 1996 Kemper Open vic- mated and his ashes were inurned in a REPUBLIC OF ITALY’S 50TH tory and look forward to more of the ceremony on May 21, 1996, at Arlington ANNIVERSARY National Cemetery with full military same.∑ ∑ Mr. LEVIN. Mr. President, 1996 honors. f Mr. Kardos, born August 2, 1920, in marks the 50th anniversary of the es- tablishment of the Republic of Italy. Budapest, Hungary, was the son of Wil- EXECUTIVE SESSION liam and Olga Kovacs Kardos, who pre- Fifty years ago, Italy escaped the dark ceded him in death. The family emi- hold of fascism and began the process of becoming the important democratic grated to New York City when Frank EXECUTIVE CALENDAR was 2 years old. nation it is today. Modern Italy was He graduated from New York Univer- created out of the tumultuous after- Mr. DOLE. Mr. President, I ask unan- sity Law School in 1948. His bar admis- math of World War II. The system of imous consent the Senate immediately sions included New York, Maryland, governing for the new republic received proceed to executive session to con- District of Columbia, Oklahoma, U.S. its mandate from the people of Italy, sider the following nominations en Court of Appeals for the 2d, 10th, and and it has continued in that fashion for bloc, on today’s Executive Calendar: District of Columbia Circuits, U.S. dis- the past 50 years. On May 9, 1946, Vic- Calendar Nos. 482, 521 through 528, 530, trict courts for the Southern District tor Emmanuel III gave up his claim to 554 and 555. of New York, Northern, Eastern and the Italian throne. On June 2, 1946, I further ask unanimous consent that Western Districts of Oklahoma, and for Italians officially replaced the monar- the nominations be confirmed en bloc, the District of Columbia, U.S. Courts chy with a republic when Italy held its the motions to reconsider be laid upon of Military Appeals, U.S. Court of first free elections in 20 years. The pur- the table en bloc, that any statements Claims, and the U.S. Supreme Court. pose of the Constituent Assembly that relating to the nominations appear at His legal career in the public sector was elected was to prepare a new demo- the appropriate place in the RECORD, included service with the United States cratic constitution to guide a free Italy the President be immediately notified Postal Service, United States Army in the future. The Assembly adopted a of the Senate’s action, the Senate then Corps of Engineers in New York and new constitution 1 year later. As It- return to legislative session. Washington, DC, and Karachi, Paki- aly’s democratic tradition has grown The PRESIDING OFFICER. Without stan. He was the Principal Deputy to stronger and older over the years, the objection, it is so ordered. the General Counsel of the U.S. Postal nation has continued to exert its lead- The nominations considered and con- Service, responsible for writing and ad- ership in world affairs. Today, Italy is firmed en bloc are as follows: ministering the Department’s Code of a respected ally of much of the indus- DEPARTMENT OF LABOR Ethical Conduct and Conflicts of Inter- trialized world and a leader in many of Pascal D. Forgione, Jr., of Delaware, to be est Programs. its organizations. I know that my Sen- Commissioner of Education Statistics for a He was liaison with the Department ate colleagues join me in celebrating term expiring June 21, 1999. of Labor for the Service Contract Act the great strides that the Republic of DEPARTMENT OF STATE of 1965 and other labor requirements Italy has made over the past 50 years.∑ Lawrence Neal Benedict, of California, a under Federal contracts and was also f Career Member of the Senior Foreign Serv- liaison with the Department of Justice ice, Class of Counselor, to be Ambassador Ex- CONGRATULATING STEVE traordinary and Plenipotentiary of the Unit- concerning various criminal matters STRICKER’S 1996 KEMPER OPEN ed States of America to the Republic of Cape and the Public Information Act, and VICTORY Verde. with the then Civil Service Commis- The following-named Career Member of the sion for Inter-Agency Committee for ∑ Mr. KOHL. Mr. President, I rise Senior Foreign Service, Class of Career Min- Procurement. He served as a legal advi- today to congratulate Edgerton, WI, ister, for the personal rank of Career Ambas- sor concerning equal opportunity em- resident, Steve Stricker, on winning sador in recognition of especially distin- ployment, and administered on behalf the 1996 Kemper Open. Known to many guished service over a sustained period: of the general counsel the Release of on the Professional Golfers Association J. Stapleton Roy, of Pennsylvania Information Program under the Free- (PGA) tour as the best player not to Harold Walter Geisel, of Illinois, a Career Member of the Senior Foreign Service, Class dom of Information Act. have won on tour, Stricker shed that distinction with his commanding 3- of Minister-Counselor, to be Ambassador Ex- Frank’s Military service began in the traordinary and Plenipotentiary of the Unit- ROTC in 1937. He was on active duty stroke victory at the Tournament ed States of America to the Republic of Mau- with the United States Army in the ar- Players Club (TPC) at Avenel in nearby ritius and to serve concurrently and without mored branch when Pearl Harbor was Potomac, MD. additional compensation as Ambassador Ex- bombed and served 42 months in the Stricker demonstrated the skill and traordinary and Plenipotentiary of the Unit- Southwest Pacific theater, including confidence of a champion throughout ed States of America to the Federal and Is- the Philippines and New Guinea. In the 72-hole tournament. Whether it was lamic Republic of The Comoros. Aubrey Hooks, of Virginia, a Career Mem- 1980, he retired from the military with a 5-foot par putt to maintain his lead, or the decision to attack the par 5 ber of the Senior Foreign Service, Class of the rank of lieutenant colonel. Minister-Counselor, to be Ambassador Ex- In addition to his successful profes- sixth hole rather than hold back, traordinary and Plenipotentiary of the Unit- sional career in public service, Frank Steve’s long hours of practice and over- ed States of America to the Republic of the also was generous with his time in the all commitment to excellence paid off, Congo. private sector. He strongly believed in literally. Robert Krueger, of Texas, to be Ambas- giving back to society by being ac- Steve Stricker was not alone on the sador Extraordinary and Plenipotentiary of tively involved with such organizations damp and drizzly 7,005 yard, par 71 the United States of America to the Republic course, however. Stricker’s caddie, of Botswana. as SCORE, the American Legion, Ma- David H. Shinn, of Washington, a Career sonic Bodies, and Literacy Programs. Nicki, who also happens to be his wife, Member of the Senior Foreign Service, Class A man of great intellect who lived was there every step of the way, en- of Minister-Counselor, to be Ambassador Ex- his life with integrity and honesty, he couraging him to be aggressive, yet traordinary and Plenipotentiary of the Unit- will be sorely missed by his family and acting as a steadying presence over any ed States of America to Ethiopia. friends. He is survived by his wife, anxious moments during the tour- AFRICAN DEVELOPMENT FOUNDATION Bettie Crumpler Kardos of Grove, OK; nament. A competitive golfer in her Ernest G. Green, of the District of Colum- sons Christopher and his wife Sherry own right, Nicki’s wise counsel and ex- bia, to be a Member of the Board of Directors S5780 CONGRESSIONAL RECORD — SENATE June 4, 1996 of the African Development Foundation for a reconsider be agreed to, and the vote ADJOURNMENT UNTIL 9:15 A.M. term expiring September 22, 2001. (Re- occur on passage of House Joint Reso- TOMORROW appointment) lution. 1 at 12 noon on Thursday, June Mr. DOLE. Mr. President, if there is U.S. INTERNATIONAL DEVELOPMENT 6, 1996, with the last 40 minutes of de- COOPERATION AGENCY bate under the control of the two lead- no further business to come before the Lottie Lee Shackelford, of Arkansas, to be ers with the majority leader in control Senate, I now ask that the Senate a Member of the Board of Directors of the of the closing 20 minutes. stand in adjournment under the pre- Overseas Private Investment Corporation for The PRESIDING OFFICER. Without vious order. a term expiring December 17, 1998. (Re- objection, it is so ordered. There being no objection, the Senate, appointment) f at 7:24 p.m., adjourned until Wednes- AFRICAN DEVELOPMENT FOUNDATION day, June 5, 1996, at 9:15 a.m. Henry McKoy, of North Carolina, to be a SENATE CONCURRENT Member of the Board of Directors of the Afri- RESOLUTION 63 f can Development Foundation for a term ex- Mr. DOLE. Mr. President, it had been piring February 9, 2002. my hope tonight, on behalf of Senator NOMINATIONS NATIONAL FOUNDATION ON THE ARTS AND THE KASSEBAUM, to pass Senate Concurrent HUMANITIES Resolution 63. We were going to ask Executive nominations received by Ronnie Feuerstein Heyman, of New York, that the Committee on Agriculture be the Senate June 4, 1996: to be a Member of the National Council on discharged from further consideration DEPARTMENT OF STATE the Arts for a term expiring September 3, of that resolution and that the Senate 2000. MADELEINE MAY KUNIN, OF VERMONT, TO BE AMBAS- Terry Evans, of Kansas, to be a Member of then proceed to its immediate consid- SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO SWITZERLAND. the National Council on the Arts for a term eration. I understand there may be an expiring September 3, 2000. amendment on the other side of the f f aisle. As I understand, the person who may have the amendment is not now CONFIRMATIONS LEGISLATIVE SESSION available. Executive Nominations Confirmed by The PRESIDING OFFICER. Under Let me indicate what the resolution the Senate June 4, 1996: the previous order, the Senate will re- will do. We have been promised that sume legislative session. maybe by tomorrow morning sometime DEPARTMENT OF LABOR f we can resolve any problem. I hope PASCAL D. FORGIONE, JR., OF DELAWARE, TO BE COM- that is the only reason. There may be MISSIONER OF EDUCATION STATISTICS FOR A TERM EX- ORDERS FOR WEDNESDAY, JUNE 5, another reason that sort of crosses my PIRING JUNE 21, 1999. 1996 mind as I stand here. DEPARTMENT OF STATE Mr. DOLE. Mr. President, I ask unan- This resolution will express the sense LAWRENCE NEAL BENEDICT, OF CALIFORNIA, A CA- of Congress that the Secretary of Agri- REER MEMBER OF THE SENIOR FOREIGN SERVICE, imous consent that when the Senate CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAOR- completes its business today, it stand culture should dispose of all remaining DINARY AND PLENIPOTENTIARY OF THE UNITED STATES commodities in the disaster reserve OF AMERICA TO THE REPUBLIC OF CAPE VERDE. in adjournment until the hour of 9:15 THE FOLLOWING-NAMED CAREER MEMBER OF THE a.m. on Wednesday, June 5; further, maintained under the Agricultural Act SENIOR FOREIGN SERVICE, CLASS OF CAREER MINISTER, of 1970 to relieve the distress of live- FOR THE PERSONAL RANK OF CAREER AMBASSADOR IN that immediately following the prayer, RECOGNITION OF ESPECIALLY DISTINGUISHED SERVICE the Journal of proceedings be deemed stock producers whose ability to main- OVER A SUSTAINED PERIOD: approved to date, no resolutions come tain livestock is adversely affected by J. STAPLETON ROY, OF PENNSYLVANIA over under the rule, the call of the cal- the prolonged drought conditions exist- HAROLD WALTER GEISEL, OF ILLINOIS, A CAREER ing in certain areas of the United MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF endar be dispensed with, the morning MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- States, and for other purposes. The hour be deemed to have expired, and DINARY AND PLENIPOTENTIARY OF THE UNITED STATES amendment indicates that, in light of OF AMERICA TO THE REPUBLIC OF MAURITIUS AND TO the time for the two leaders be re- SERVE CONCURRENTLY AND WITHOUT ADDITIONAL COM- the prolonged drought conditions exist- tained their use later in the day, there PENSATION AS AMBASSADOR EXTRAORDINARY AND ing in certain areas of the United PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA then be a period for morning business TO THE FEDERAL AND ISLAMIC REPUBLIC OF THE States, the Secretary of Agriculture until the hour of 11 a.m. with Senators COMOROS. promptly dispose of all commodities in AUBREY HOOKS, OF VIRGINIA, A CAREER MEMBER OF permitted to speak for up to 5 minutes THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- the disaster reserve maintained under each with the following exceptions: COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND section 813 of the Agricultural Act of PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA Senator ROTH, 30 minutes; Senator TO THE REPUBLIC OF THE CONGO. 1970, 7 USC 1427 (a) to relieve the dis- BRADLEY or designee, 40 minutes; Sen- ROBERT KRUEGER, OF TEXAS, TO BE AMBASSADOR EX- tress of livestock producers whose abil- TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED ator GRASSLEY, 5 minutes. STATES OF AMERICA TO THE REPUBLIC OF BOTSWANA. ity to maintain livestock is adversely I further ask at 11 a.m. the Senate DAVID H. SHINN, OF WASHINGTON, A CAREER MEMBER affected by the prolonged drought. And OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- begin debate on House Joint Resolu- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND that is true. tion 1, the balanced budget amend- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA In some parts of America, including TO ETHIOPIA. ment. I further ask the time for debate my home State of Kansas, we have had AFRICAN DEVELOPMENT FOUNDATION on Wednesday be equally divided with a long drought. In fact, in Texas, I the portion of time under the control ERNEST G. GREEN, OF THE DISTRICT OF COLUMBIA, TO think it is the worst drought they have BE A MEMBER OF THE BOARD OF DIRECTORS OF THE AF- of the Democrats divided as follows: had, in some parts of Texas, in over 50 RICAN DEVELOPMENT FOUNDATION FOR A TERM EXPIR- Senator HOLLINGS, 2 hours; Senator ING SEPTEMBER 22, 2001. years. HENRY MCKOY, OF NORTH CAROLINA, TO BE A MEMBER DORGAN, 1 hour; Senator EXON, 30 min- So I hope we can move on this quick- OF THE BOARD OF DIRECTORS OF THE AFRICAN DEVEL- utes; further, I ask the time between OPMENT FOUNDATION FOR A TERM EXPIRING FEBRUARY ly. It is a sense-of-the-Senate resolu- 9, 2002. 1:30 p.m. and 3:30 p.m. be under the con- tion. It may be that the administration trol of Senator THOMAS. UNITED STATES INTERNATIONAL DEVELOPMENT has decided to move without passage of COOPERATION AGENCY The PRESIDING OFFICER. Without the resolution. That will probably be objection, it is so ordered. LOTTIE LEE SHACKELFORD, OF ARKANSAS, TO BE A known later. MEMBER OF THE BOARD OF DIRECTORS OF THE OVER- Mr. DOLE. So, I would say for the in- The PRESIDING OFFICER. In my SEAS PRIVATE INVESTMENT CORPORATION FOR A TERM formation of all Senators, tomorrow capacity as a Senator from the State of EXPIRING DECEMBER 17, 1998. will be dedicated to debate on the bal- Washington, I suggest the absence of a NATIONAL FOUNDATION ON THE ARTS AND THE anced budget amendment. quorum. The clerk will call the roll. HUMANITIES f The bill clerk proceeded to call the RONNIE FEUERSTEIN HEYMAN, OF NEW YORK, TO BE A roll. MEMBER OF THE NATIONAL COUNCIL ON THE ARTS FOR UNANIMOUS CONSENT AGREE- A TERM EXPIRING SEPTEMBER 3, 2000. Mr. DOLE. Mr. President, I ask unan- TERRY EVANS, OF KANSAS, TO BE A MEMBER OF THE MENT—HOUSE JOINT RESOLU- imous consent that the order for the NATIONAL COUNCIL ON THE ARTS FOR A TERM EXPIRING TION 1 SEPTEMBER 3, 2000. quorum call be rescinded. THE ABOVE NOMINATIONS WERE APPROVED SUBJECT Mr. DOLE. I ask unanimous consent The PRESIDING OFFICER. Without TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY a motion to proceed and the motion to objection, it is so ordered. CONSTITUTED COMMITTEE OF THE SENATE. June 4, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E979 EXTENSIONS OF REMARKS

LEGISLATION AMENDING THE Mr. Speaker, I support the Spousal Protec- over the past few years, and increased stu- SPOUSAL PROTECTION ACT tion Act, but we need to rethink what the re- dent population we see an overall deprecia- sults are for retirees whose former spouses tion of the physical condition of the school. There is no classroom space available; this HON. CONSTANCE A. MORELLA remarry, and that is what this legislation does. American History class uses a corner of the OF MARYLAND f auditorium as a makeshift classroom for one IN THE HOUSE OF REPRESENTATIVES STATEMENTS REGARDING OVER- period each day. One of our stairwells . . . This was . . . one of the Junior High class- Tuesday, June 4, 1996 CROWDING PROBLEMS IN EDU- rooms, and . . . you can see, there are many Mrs. MORELLA. Mr. Speaker, today I am in- CATION classrooms in the school which have a severe troducing legislation to amend the Spousal overcrowding problem. A high school class- Protection Act so a former spouse's right to a HON. BERNARD SANDERS room, with a ratio of about 30:1. All right, so that was a video to show vis- OF VERMONT Federal worker's pension is relinquished if the ually what’s the matter with it. Now, I want former spouse remarries before the age of 55. IN THE HOUSE OF REPRESENTATIVES to talk about what the funds are directed to- Current law allows a former spouse to re- Tuesday, June 4, 1996 wards, instead of building maintenance. By ceive a portion of the Federal worker's pen- 1997, the future budget is planning on in- sion even if the former spouse remarries. On Mr. SANDERS. Mr. Speaker, for the benefit creasing itself by $617,000, and $409,940 of the other hand, a survivor annuity stops per- of my colleagues I would like to have printed which is going to Special Ed. programs. I manently if the former spouse remarries be- in the RECORD this statement by Jackie think if Special Ed. is increasing itself by fore age 55. It cannot be restored, even if the Frazier, Kate Greanon, Kay Gerson, Drew 85%, and while all of this is going on, U–32 High School is going rapidly down. We al- new marriage fails. McNaughton, Kate McQuillen, Jennifer Arner, Lucas D'Amico, and Charley Hart, high school ready mentioned the American History class, A Federal worker whose spouse remarries and how it’s held over there; but there’s also could have a meager pension to live on. This students from Vermont, who were speaking at my recent town meeting on issues facing a Spanish class upstairs that has 30 students occurs because the former spouse does not in it, and the rooms about as big as about a have to relinquish his/her right to the Federal young people. third of this stage. We’re all cramped to- worker's pension even if he/she remarries. For the record, my name is Jackie Frazier, gether in it—it decreases individualized . . . this is Kay Gerson, Kate McQuillen, and one-on-one help with a teacher, so they fall The law should not be structured so one indi- Drew McNaughton. Our discussion is actu- vidual enjoys his/her golden years at the ex- behind, and they can’t catch up. The ventila- ally, ‘‘Overcrowding, or Budget [Problems] tion problem in the school, you’ve probably pense of another. and Education.’’ already noticed; so when one student gets This legislation will not take money from a (Alternating speakers): We’ve been asked sick, the whole student body gets sick. So I former spouse who needs and deserves it; it to directly discuss problems that arise with- think on a national scale, U–32 is the rep- will provide equity to Federal workers who in our school, and our students participating resentation of the problem, in that . . . we’re may find themselves in a desperate financial in school for seven years—being in a high supposed to be a world power, and I don’t situation in retirement because they are still school—and the problem that most promi- think our schools should be run this way. It’s nently arises for us was the overcrowding paying a portion of their pension to a remar- a bad way to represent our country. problem in our school. What all of you may f ried former spouse. Current law leaves the re- not know, is that we have 5 districts that tired Federal employeeÐand any new spouse come to our school, and we also have people HONORING THE U.C. DAVIS they may haveÐwith their pension diminished that are paying tuition to come here. As SCHOOL OF MEDICINE to protect someone who no longer requires most schools are having a problem with such protection. In 1986, the Congress recog- budget now, unless they live—earlier, some- nized the survivor annuity inequity caused by one was discussing how in . . . a resort town, HON. VIC FAZIO the 1984 Spousal Protection Act and voted to they have more money to put into a school OF CALIFORNIA system. We have 5 towns, and this school was IN THE HOUSE OF REPRESENTATIVES rescind the rights of a former spouse in re- actually built at one time to support around Tuesday, June 4, 1996 gards to the survivor annuity in the event that 750 students; at this point in time, we have the former spouse remarries before age 55. close to 910 people, which is not that much Mr. FAZIO of California. Mr. Speaker, I rise Nothing has been done to protect the employ- over, but each year we are increasing. Two today in honor of the University of California, ee's pension in the same circumstances. years ago, we had a class of about 80 stu- Davis, School of Medicine, which is celebrat- There is a precedent for this legislation. dents, my class is about 130, the upcoming ing its 25th year of graduating students with Former spouses of Foreign Service employees class of 7th grade next year will have around the doctor of medicine degree. The U.C. Davis are not entitled to an annuity under 22 U.S.C. 170; I think it’s a substantial increase each School of Medicine has a national reputation year. 4054 if before the commencement of that an- If you were to look at a town in your re- as a leader in the training of primary care nuity the former spouse remarries before be- port, you’ll see that each year we are in- medical residents, particularly in family prac- coming 60 years of age. creasing drastically in the number of stu- tice with a rural orientation. In this period of Federal downsizing, this dents, but we don’t have the budget to in- Because of its excellent curriculum and rig- legislation would also affect the number of crease either space or more teachers. Some- orous academic standards, the U.C. Davis Federal workers taking early-outs or regular times we have to actually hold classes in School of Medicine was ranked second in the optional retirements. These Federal workers this auditorium, over on the side here, and in nation by U.S. News and World Report among are more likely to continue working to receive the small media room upstairs, which is nor- all comprehensive medical schools in 1995. In their higher salaries and increase their pen- mally held for just movies. Each year as the budget stays the same, and the capacity addition, the school's academic medical cen- sions. Because of these workers staying in the stays the same, the students go up; and what ter, with its outstanding patient care, superb Federal workforce, younger workers with lower we’d like to discuss, and we have a movie to medical faculty, and state-of-the art medical salaries may find themselves more likely to be show you, is that each year when the amount technology, is consistently ranked among the RIF'd. of students do go up, the actual grade of the best academic medical centers in the nation. I have a constituent who is a Federal em- school goes down in standard: in the way we Since its inception, the School of Medicine ployee approaching retirement age. Although survive, in the air we breathe, and in the has created an extensive network of affiliated his former spouse has remarried a retired rooms that populate. Sometimes the student community hospitals, clinics, and physician business executive with a generous pension, ratio is 30 students to one teacher, when group practices throughout the Sacramento re- ideally it’s 20:1. So, each time that we do he will be forced to pay his former spouse a this, we want to show you how it looks, in gion. The medical staff consists of over 1,000 portion of his pension. As a result, this em- reality. primary care and specialty physicians, many ployee and his new spouse will need to ex- Can everyone hear me? (narrating as video of whom have gained national reputations for tend their careers to make up the difference. is shown): Due to the reduced janitorial staff excellence. In addition the medical center

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E980 CONGRESSIONAL RECORD — Extensions of Remarks June 4, 1996 serves as the only level I trauma center in Award for outstanding citizenship. This re- WINNING ESSAY: ‘‘IMPOVERISHED northern California. markable man is 76 years old and as devoted METROPOLISES’’ I salute the U.C. Davis School of Medicine to his priesthood as ever. for its twenty five years of contributions to the Mr. Speaker, in Hebrews it states, ``one HON. SANDER M. LEVIN community and numerous medical advances. does not take this honor on his own initiative, OF MICHIGAN They have truly made our community a better but only when called upon by God, as Aaron IN THE HOUSE OF REPRESENTATIVES and healthier one. was, you are a priest forever.'' Father Cappo Tuesday, June 4, 1996 f has been called by God to be a spiritual lead- Mr. LEVIN. Mr. Speaker, when HUD Sec- REV. LOUIS CAESAR CAPPO er for all the residents of the Upper Peninsula retary Henry Cisneros leads U.S. representa- of Michigan. For whenever we have called tives to HABITAT IIÐthe Second U.N. Con- upon Father Cappo he has been there for us. ference on Human SettlementÐin Istanbul, HON. BART STUPAK It is appropriate that we give honor to Father OF MICHIGAN Turkey, the official delegation will include a Cappo and as we recognize Father Cappo's Michigan high school student whose essay IN THE HOUSE OF REPRESENTATIVES achievements, we give honor to God. Honor to won first place in the 1996 National High Tuesday, June 4, 1996 God through his priest, who is our priest for- School Contest on the United Nations. Mr. STUPAK. Mr. Speaker and Members of ever. In his essay, John Hart, a junior at Kimball the U.S. House of Representatives, it is an Mr. Speaker, on behalf of St. Peter's Parish, High School in Royal Oak, MI, describes the honor for me to bring to the attention of this the Marquette diocese, and the entire State of impact of migration, trade policies, and inter- body and the Nation a remarkable individual Michigan, I congratulate Rev. Louis Cappo on national economics on urban centers through- who has devoted his life to helping others. this golden anniversary of his ordination into out the world, and argues for a ``new set of Rev. Louis C. Cappo is celebrating his 50th priesthood. priorities,'' based primarily on free trade and anniversary of ordination into the priesthood multilateral investment, to promote global on June 8, 1996. Throughout his career Rev- f prosperity. Hart's essay, ``Impoverished Metropolises,'' erend Cappo has enriched Michigan's Upper won a $1,000 first prize and a trip to HABITAT Peninsula economically, socially, but most im- TRIBUTE TO JULIE SIMPSON II for both Hart and his history and inter- portant spiritually. He is currently Rector of St. national relations teacher at Kimball High Peter's Cathedral parish, a parish known for HON. DUNCAN HUNTER School, Patricia Estep. The conference fo- their poetic liturgies and beautiful music. OF CALIFORNIA cuses on building links among national urban Reverend Cappo was born and raised in development programs, environmental studies Houghton County, in Michigan's Upper Penin- IN THE HOUSE OF REPRESENTATIVES and social service networks. sula. He attended St. Lawrence College and Tuesday, June 4, 1996 I compliment John Hart for his accomplish- St. Francis Seminary in Wisconsin, graduating ment, and commend his work to the attention in 1943 with a degree in theology. On June 8, Mr. HUNTER. Mr. Speaker, I rise today to of my colleagues. 1946, Father Cappo was ordained a priest in recognize the remarkable dedication and ac- IMPOVERISHED METROPOLISES Milwaukee at St. John's Cathedral. After ordi- complishments of a constituent in my district, (By John Hart) nation he returned to the Upper Peninsula, be- Julie Simpson of Spring Valley, CA. For the The fate of the world is entwined with the ginning his ministry in Ishpeming. Reverend past 16 years, Julie has been employed by fate of its cities. Social critic Lewis Cappo spent his first 25 years of ministry serv- the U.S. Navy in San Diego, CA. I would like Mumford remarked that ‘‘the city is a place ing parishes, hospitals, and Catholic schools to take a moment to commend her hard work for multiplying happy chances and making the most of unplanned opportunities.’’ At throughout the Upper Peninsula from St. and dedication. Ignace to Hancock to Escanaba. the turn of the century, roughly five percent Julie began her quest for independence in of the world’s people lived in cities with pop- In 1972, Reverend Cappo settled in Sault the Grossmont Union High School district's ulations over 100,000. Today, an estimated Ste. Marie when Bishop Salatka appointed special education program. It was there that forty-five percent, slightly more than 2.5 bil- him executive director of the Tower of History she was first introduced to the Navy Defense lion people, live in urban centers. Every and head of the department of community year, millions migrate to metropolitan areas Subsistence Office of the Pacific Rim. Under services and family life for the Marquette dio- in search of prosperity. However, bright this Navy program, Julie was given civil serv- cese. In this assignment, Father Cappo's re- hopes have been clouded by dim prospects, as ice status and became self-sufficient for the sponsibilities included running various social rapid population growth has strained re- first time in her life. She began as a typist and sources and ignited economic turmoil. These and community programs, including the Cam- has since moved up to her current position as problems plague the growth of the develop- paign for Human Development, Natural Family a transportation clerk and computer specialist. ing world. Millions of citizens face deplor- Programming, marriage, family, and individual able living conditions, while others struggle Julie is responsible for processing the ordering counseling, infant and special needs adop- to support themselves. Poverty and unem- and warehousing of perishable produce for the tions, and infant foster care programs. Father ployment form the core of metropolitan cri- Pacific Navy fleet. Currently, Julie has a GS± Cappo served as director of the department of ses; economic and social hardships in devel- 4 ranking, a remarkable achievement for a oping nations are one of the world’s most community service and family life for 13 years. mentally handicapped person, and has be- prevalent ills. In 1975, he was appointed to his present posi- come an invaluable asset to the San Diego The influx of billions of people into metro- tion, Rector of St. Peter's Cathedral. politan areas strains the resources, leader- Navy Depot. Reverend Cappo is known throughout the ship, and infrastructure of dozens of nations. Upper Peninsula not only for his devotion to The Covenant Ministries of Benevolence in Migration is a continuous trend. Citizens improving our spiritual life and social pro- Spring Valley has arranged a recognition as- from the poor interior of sub-Saharan Africa travel to Kinshasa, Zaire, despite the col- grams, but also for the work he has done to sembly to honor Julie as well as those who have played prominent roles in her life. The lapse of its economy and services. Rapid pop- help improve the area's economy. One of his ulation growth has pushed Kinshasa to the most noteworthy accomplishments was in event is scheduled for July of this year in San edge of anarchy. Between 1950 and 1995 the 1966 when he was instrumental in bringing Diego. Among those who will be honored will number of cities worldwide with a population natural gas to the Upper Peninsula. Father be Julie's mother, Beverly, who has served as of over one million increased fourfold, from Cappo has participated in the International a constant source of strength and inspiration 83 to 315. Cities, first and third world alike, Trade Commission, the U.S. Small Business to her daughter. are coping with waves of poor newcomers while affluent citizens move out, driven Administration Advisory Council and the Mar- Mr. Speaker, in a time when our mentally away by crime and a deteriorating quality of quette United Way Board of Directors. He has challenged citizens are so often given a sec- life. Rio de Janeiro, Sao Paulo, Jakarta, also been chairperson of the Michigan Tourist ond rate status, individuals like Julie Simpson Mexico City, Cairo, Delhi, and Beijing face Council and is currently Chaplain to the Michi- offer hope and assurance to us all. Julie is an similar situations. The United Nations esti- gan State police. exceptional person who has gained a solid mates that by the year 2025 more than five Reverend Cappo's devotion is recognized identity and shown her strength and abilities billion people, or sixty-one percent of hu- manity, will be living in cities. by colleagues, Catholics, and fellow citizens through hard work. I would like to join with the Poverty and disease are rampant in hun- throughout our State. As an example of his many others in honoring Julie for all of her re- dreds of the world’s metropolises. Unsani- devotion, in 1974 he was presented with the markable qualities and personal achieve- tary conditions breed infectious diseases, in- Northern Michigan University President's ments. fecting millions chronically. In Poland, the June 4, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E981 land and water have been so poisoned by prioritized to the world’s few largest CASTLETON HOSE CO. CELE- toxic waste that ten percent of babies are metropolises. Most international attention BRATES 125 YEARS OF SERVICE born with birth defects. Virulent insects is directed toward the most gigantic cities, thrive in contaminated areas. Urbanization although smaller urban centers often face has produced an ideal environment for the more severe hardships. Future programs HON. GERALD B.H. SOLOMON spread of disease. Carolyn Stevens, an epi- must concentrate on assisting cities with the OF NEW YORK demiologist at the London School of Hygiene deepest problems, not those with the largest and Tropical Medicine, notes that poverty is populations. IN THE HOUSE OF REPRESENTATIVES the root cause of such epidemics. Dispropor- Moreover, international organizations, Tuesday, June 4, 1996 tionate numbers of poor people living in such as the United Nations, must support cities die from both infectious diseases and community-based initiatives. These projects, Mr. SOLOMON. Mr. Speaker, anyone who chronic illnesses. As migrants flood cities, pioneered by the World Bank, focus on small, visits my office can't help but notice the dis- resulting urban growth outruns the installa- yet fundamental problems. One of these ini- play of fire helmets that dominates my recep- tion of sanitation. Hopeful citizens view met- tiatives, the Kampung Improvement Pro- tion area. They're there for two reasons. First, ropolitan life as one of opportunity; however, gram in Jakarta, Indonesia, gave citizens an incentive to clean up their community. This I had the privilege of being a volunteer fireman resources are drained quickly and the stand- in my hometown of Queensbury for more than ard of living falls exponentially. As time pro- method of foreign aid concentrates expertise gresses, crowded, unsanitary slums will con- of foreign workers, yet also gives cities a 20 years, which helps explain the second rea- tinue to harbor disease, perpetuating mas- certain degree of autonomy in the self-im- son, the tremendous respect that experience sive poverty. provement process. After the Jakarta pro- gave me for those who provide fire protection Massive migration also strains rural gram was implemented, Josef Leitmann, a in our rural areas. economies. Millions move toward the cities, World Bank urban planner, indicated that Mr. Speaker, in a rural area like the 22d the ‘‘poor began to look at their community abandoning suburban life in hope of metro- District of New York, fire protection is often politan prosperity. Many of those who mi- as their home. A simple change in psychol- grate in the developing world are farmers. ogy produced a change in physical surround- solely in the hands of these volunteer compa- The world’s largest nations, including India ings.’’ By impressing the process of social nies. In New York State alone they save and China, depend upon massive production and economic development, rather than countless lives and billions of dollars worth of of grain to feed their millions. As rural popu- blanketing certain areas with massive property. That is why the efforts of people like lations dwindle, grain output also dwindles amounts of aid, international organizations those fire fighters in Castleton, NY is so criti- commensurably. Burgeoning city popu- can improve the welfare of cities dramati- cal. lations, on the other hand, demand wide- cally. The international community must also And that's why, Mr. Speaker, in their wis- spread resources. Agricultural output fails to dom, the Castleton Village Board and Board fulfill the demand of large metropolises. As a promote multilateral free trade. Developing result, much of the third world must import countries, such as China and Russia, must be President Frank P. Harder proposed starting billions of pounds of grain. Although such at- included in the World Trade Organization. the Castleton Fire Department back in the tempts are successful, many are still left in Increasing economic relations between all spring of 1871. Later that summer, the first en- poverty. Urban growth creates an unprece- nations helps narrow the North-South gap, gine House was completed on what is now the dented strain on the worldwide agricultural the economic and political barrier between corner of Green Avenue and 1st street in industry, ensuing economic hardship and first and third world countries. The United States and other major global powers can no Castleton. Clearly, they recognized the impor- widespread poverty. tance of protecting the lives and property of Population growth also strains urban longer concentrate trade with a select few economies. As cities swell from migration large partners; they must open their doors to their friends and neighbors and established and births, workers face crowds of competi- small, indigenous nations. Such an initiative two hose companies to do just that. tors. Economic growth cannot keep up with would boost the economies of struggling On that note, Mr. Speaker, those are the population expansion. Beijing is home to an cities, as increased exposure to world mar- traits that make me most fond of such commu- kets would boost standards of living and estimated one million floating workers in nities, the undeniable camaraderie which ex- search of jobs. Unemployment rates in scores calm protectionist unrest. Current United States policies, such as the ists among neighbors. Looking out for one an- of African cities top twenty percent and are Export Enhancement Program (EEP), are other and the good of the whole is what unlikely to drop anytime soon. Newcomers contributing to third world city poverty. The makes places like Castleton a great place to have fled to Kinshasa, yet recent violence program, known as the EEP, allows China to has scared away affluent businessmen and live and raise a family. And this concept of purchase grain from the United States at a foreign workers. As a result, over the last community service couldn't be better exempli- substantially reduced price. Although China fied than by the devoted service of the fine three years, Kinshasa has seen its economy is the world’s largest importer of grain, pro- shrink by forty percent. Thousands of gov- grams like the EEP, essentially subsidize men and women who have comprised the ernment jobs have disappeared, and the foreign agricultural industries, killing their Castleton Fire Co. over its 125 year history. city’s infrastructure has crumbled. In ability to complete. Nations such as China That's right, for well over a century, this orga- Beijing, the banking system is on the brink are, thus, able to purchase grain from the nization has provided critical services for the of collapse, as inflation is rapidly outpacing United States at a cheaper price than from citizens on a volunteer basis. As a former vol- income growth. Hundreds of cities face simi- their own farmers. This system pressures the lar situations; growing demand outpaces eco- unteer fireman myself, I understand, and ap- individual farmers, causing millions to move preciate, the commitment required to perform nomic supply, harboring unemployment and to cities. Mass migration, in turn, strains re- depression. Metropolitan economics can’t sources in urban areas, perpetuating poverty such vital public duties. keep up with increased pressure. and unemployment. Mr. Speaker, It has become all too seldom More and more, the fate of cities deter- Corporate investment also plays a fun- that you see fellow citizens put themselves in mines the fate of nations and regions. In doz- damental role in reaching out to swelling harms way for the sake of another. While al- ens of countries, a single major city ac- metropolises. Abolishment of protectionist most all things have changed over the years, counts for half of the government’s revenues trade barriers must be accompanied by in- thankfully for the residents of Castleton, the and a large portion of GDP. Karachi is Paki- creased investment in fledgling economies. stan’s financial center, only major port, and Multinational corporations, or MNCs, must members of their fire department have self- has the highest concentration of literate be encouraged to develop new initiatives to lessly performed their duty, without remiss, people. Large cities such as these are not boost the infrastructures of struggling cities. since Abe VanBuren took the post as the first only fundamental to the economy of their Hands-on investment, as opposed to large Fire Chief back in 1871. nation but are also catalysts for political monetary grants, will pave the way for You know, I have always said there is noth- movements. Depression and widespread pov- worldwide metropolitan prosperity. ing more all-American than volunteering to erty often spur ethnic or religious conflict. Cities form the cornerstone of civilization. help one's community. By that measure, Mr. Overcrowded cities harbor violence and civil Recent population growth has dulled the lus- strife; passions incubate among disgusted ter of shining metropolises. Migration has Speaker, the members of the Castleton Fire peasants. In Pakistan, if factional violence strained the developing world, creating mil- Company, past and present, are truly great intensifies, unrest could engulf the rest of lions of unemployed workers, pushing even Americans. It will be my distinct pleasure to the populace, leading to international con- more into poverty. Industrialized nations join the community of Castleton, this Saturday, flicts and large movements of people. Cities must form a new set of priorities, hinging June 8, 1996, in a parade and tribute to their are fundamental to economic and social sta- chief objectives upon free trade and multi- fire department and the selfless sacrifices of bility. lateral investment. Although the world can- its members over the course of the last 125 The problems of the world’s major cities not rectify all urban problems, it must act demand the attention of policy makers. The quickly and decisively in order to promote years. In that regard, I ask that you Mr. international community must work toward global prosperity. If positive steps are taken, Speaker, and all members of the House, join creating a new agenda for dealing with rapid present-day slums may become, as Lewis me now in paying tribute to these dedicated urbanization. First, aid must not be Mumford put it, ‘‘symbols of the possible.’’ men and women. E982 CONGRESSIONAL RECORD — Extensions of Remarks June 4, 1996 INTRODUCTION OF THE tainment, educational, and recreational event goals in preserving and enhancing one of HOMEOWNERS RELIEF ACT OF 1996 at historic Sylvan Beach County Park in La Texas' and the nation's most treasured natural Porte, TX, to showcase Galveston Bay's many resources. HON. SUE W. KELLY resources. f Galveston Bay is one of southeast Texas' OF NEW YORK CONTINUATION OF THE SUMMER IN THE HOUSE OF REPRESENTATIVES most valuable and most threatened natural re- sources. Since the 1950s, the Bay has lost YOUTH EMPLOYMENT PROGRAM Tuesday, June 4, 1996 more than 30,000 acres of coastal wetlands Mrs. KELLY. Mr. Speaker, I rise today to in- and 90 percent of its aquatic grass beds. More HON. BERNARD SANDERS troduce the Homeowners Relief Act, legislation than half the Bay has been permanently OF VERMONT to provide homeowners with relief from capital closed for commercial oyster harvesting while IN THE HOUSE OF REPRESENTATIVES gains taxes upon the sale of their principal the remainder is routinely closed after heavy Tuesday, June 4, 1996 residence. rainfall. With the completion of Lake Livingston This legislation recognizes that a person's Dam, the Trinity River Delta has been reduced Mr. SANDERS. Mr. Speaker, for the benefit home is something more than a simple invest- dramatically, elminating vital wetland habitat. of my colleagues, I would like to have printed ment; it's a fundamental part of the American The Galveston Bay Foundation has played in the RECORD this statement by Amy dream, and our Tax Code should recognize a critical role in helping to reverse this deg- DeCarmine, Amber Johnson, Beth Carmine, this fact. The bill exempts the sale of a prin- radation and bring the Bay back to health. The and Nathina Roy, high school students from cipal residence from capital gains taxation. Foundation was formed in 1987 as a non-prof- Vermont, who were speaking at my recent Specifically, the bill excludes from taxation the it organization made up of commercial fisher- town meeting on issues facing young people gains from the sale of a principal residence if, men, developers, business people, environ- The Summer Youth Employment Program during the 7-year period prior to the sale of mental groups, government officials, rec- has kept us off the streets; kept us from the the residence, the property was owned by the reational interests, and other citizens who use of drugs, alcohol and violence of any sought to increase education and communica- type. The Youth Program has also given us taxpayer and used as the taxpayer's principal the experience of how living can be in real residence for 5 or more years. tion about the importance of Galveston Bay to life, and how to conserve money for our fu- Under current law, capital gains liability on the region. ture. the sale of a principal residence is postponed The Foundation's work to preserve the Bay There can be nothing more positive in our if another residence of equal or greater value has four fundamental principalsÐeducation, lives than the Summer Youth Employment is purchased within 2 years. In addition, tax- conservation, research, and advocacy. Program; it is a continuance of encourage- payers 55 years of age or older may claim a Through these efforts, the Foundation seeks ment of being a responsible young adult. The one-time $125,000 exclusion of the gain from to increase awareness of the multiple uses of Summer Youth Employment Program has Galveston Bay and to increase participation in been the cause of so many young people the sale of a principal residence during any 3 being employed, and in some cases it may of 5 years immediately preceding the sale. projects to preserve the natural resources of help to slow down the cycle of the welfare Further, taxpayers can also avoid capital gains the Bay. generation. It gives us ideas, training for on owner-occupied housing by holding the In 1987, through the leadership of U.S. Sen- possible future employment, and it gives us asset until death and leaving it to their heirs. ator Lloyd Bentsen, the U.S. Congress des- a better idea of what we need to do to accom- While these exemptions serve to shield ignated Galveston Bay as a part of the Na- plish our future. Please help us to keep what most homeowners from capital gains liability, tional Estuary Program in an attempt to solve has been proven to be a wonderful chance to certain circumstances force many home- problems to the Bay caused by pollution, de- understand what is expected from us as adults. owners to shoulder a significant capital gains velopment, and overuse. The Galveston Bay Plan was developed by a consortium of sci- It has given us a great source of self-pride tax bite when they sell their home. Increased in our abilities to contribute and know what home values put many taxpayers, particularly entists, corporate and governmental represent- this is—that this is a great start in life. And older Americans looking to retire, in the dif- atives, and local citizens. The Foundation has with your support in us, you have also given ficult situation of having to pay substantial served as a partner in the effort to restore vital us hope that you believe in all of us. We need capital gains taxes. In addition, at a time when Bay habitats, contain contaminated runoff, and this opportunity to prove that we are serious corporate downsizing is all too common, often curtail sewage and industrial waste. The suc- about our future, and need your consider- the most substantial asset held by laid-off cess of the clean-up is a testament to the ation to allow us this Program to continue. Foundation and its ability to reach consensus That’s it. workers is their home. Congressman Sanders: Can you tell us The problem is, current law has the effect of on a solution to improve the quality of life on what kind of work you did in the Summer locking individuals into homes that, but for the Galveston Bay. Youth Employment Program? Tax Code, they might wish to sell. Those indi- The Foundation has also been instrumental Answer: I’ve been on the Youth Program viduals who can afford to purchase a more ex- in developing environmentally sound approach for two years now. And, the first year I pensive home can postpone capital gains li- to modernize the Houston Ship Channel, dem- worked at Project Independence, which is ability, while those who need to move to more onstrating that environmental protection and helping elderly people take care of them- modest accommodations, because their eco- economic growth can go hand in hand. This selves and entertain them. And last summer, I cleaned the elementary school of nomic circumstances warrant doing so, must innovative plan that will both expand the Houston Ship Channel and contribute signifi- Williamstown to get [it] ready for school. pay a tax. Answer: I’ve only been in this for one year, Mr. Speaker, passage of this legislation will cantly to the restoration of Galveston Bay. which was last year, but I worked with give homeowners needed relief from this in- This project will use dredged material to re- Amber at the elementary school cleaning, equity, and will put recognition in the Tax store Galveston Bay's wetlands, creating new and I thought it was a really great thing, be- Code of the special status of the home. I urge wildlife habitats and enhancing recreational cause a lot of people that are inexperienced, my colleagues to join me in supporting the benefits. The creation of marshlands, a critical like under 16, [employers] don’t want to hire Homeowners Relief Act of 1996. part of the Galveston Bay ecosystem, will pro- you * * * Answer: I worked at a hospital as a spot f vide habitats for thousands of species of plant and animal life, including several endangered clerk in the basement, and I was in the pro- IN HONOR OF THE GALVESTON gram for one year. It was a very good skill species. The three islands to be created under because I’m going to be working at a hos- BAY FOUNDATION the plan will also provide natural habitats for pital after I graduate. birds and other wildlife. New boating channels Congressman Sanders: So I think what HON. KEN BENTSEN and anchorages will give fishermen and other you’re seeing here is an example of a Federal OF TEXAS recreational users increased access to the program which meant a lot to you three, and to tens and tens of thousands of other young IN THE HOUSE OF REPRESENTATIVES Bay. The Foundation's role in developing this plan has increased the benefits exponentially Americans. Tuesday, June 4, 1996 for Texas' families and wildlife that rely on Answer: Yes. Congressman Sanders: There is a major de- Mr. BENTSEN. Mr. Speaker, I rise to honor Galveston Bay. bate taking place in Congress right now, as the Galveston Bay Foundation and its work to I commend the Galveston Bay Foundation to whether this fund, with this program, preserve and enhance Galveston Bay. On for its nine years of service to the committees should continue to be funded. I prefer, June 8, 1996, the Foundation will host its sixth surrounding Galveston Bay, and I wish the strongly, that it should; but we’re fighting annual ``Bay Day Festival,'' a day long enter- Foundation continued success in achieving its against people who prefer to put money into June 4, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E983 airplanes and bombers that the Pentagon years at the DICSA, Gibby personified dedica- the necessary skills and tools to serve our doesn’t need, rather than in programs like tion, care, and concern for our seniors in his country in the best possible manner. As a vet- this. So, I thank you very much for personal- every effort. eran and chairman of the House Subcommit- izing one of the major debates taking place Leading the development of the rural trans- in Congress. Thank you. tee on Military Procurement, I would like to portation program for seniors and the handi- commend Lt. Col. Orville Sandaker for all of f capped in Dickinson and Iron Countries, his efforts and years of service and to the U.S. TRIBUTE TO THE OTA Gibby's efforts provided a way these seniors Air Force and our country. could get out of doors and do things for them- f HON. VIC FAZIO selves. The program allowed for a degree of self-sufficiency and helped the local economy. TRIBUTE TO RANDY HUSK, TROY OF CALIFORNIA Gibby was also very much aware of the in- CITY COUNCIL IN THE HOUSE OF REPRESENTATIVES ability of many seniors to perform their house- Tuesday, June 4, 1996 hold chores due to physical constraints. In re- HON. SANDER M. LEVIN Mr. FAZIO of California. Mr. Speaker, I rise sponse, he was the leading force behind the OF MICHIGAN today to recognize the Institute for Technology development of the senior chore service that IN THE HOUSE OF REPRESENTATIVES provides this type of work to be done for sen- Assessment. Tuesday, June 4, 1996 The Institute of Technology Assessment iors by more able-bodied clients of the agen- [ITI] was established as a nonprofit research cy. Mr. LEVIN. Mr. Speaker, I rise today to rec- group by former senior analysts of the Office For many, many years, Gibby LaFave has ognize Randall J. Husk, recently retired from of Technology Assessment [OTA]. In one of also lent his efforts to this community and sur- the Troy City Council after 18 years of distin- perhaps the most mindless acts committed by rounding area through participating in local guished service. this Congress, OTA was eliminated last year. government and helping to raise funds for a Known to his friends and family as Randy, This House voted twice to continue funding for variety of programs, services, and other note- he has served most effectively and was hon- OTA, but the Republican congressional lead- worthy causes. ored by his peers with election as Mayor Pro ership prevailed in the end, and OTA went out Mr. Speaker, the public service of Gilbert Tem in 3 different years. While a City Council- of business. ``Gibby'' LaFave is greatly appreciated. His man, Randy Husk served with distinction rep- I fought hard for the continuation of OTA, concern for his fellowman will be long remem- resenting the city of Troy on the Michigan Mu- because the objective analysis of issues relat- bered and valued. On behalf of so many nicipal League's Workers Compensation ed to science and technology that OTA pro- Michigan's Upper Peninsula that benefited by Board and on the General Assembly of the vided was an invaluable resource to the public his actions, I congratulate Gibby LaFave on Southeast Michigan Council of Governments policy efforts of this Congress. So I am glad his retirement and wish him well. [SEMCOG]. Prior to his first city council term that this new institute has stepped up to take f he was appointed to the planning commission on OTA's crucial mission. for 3 years and was on the zoning Board of ITA has just received funding and support TRIBUTE TO LT. COL. ORVILLE Appeals, holding the office of chairman of from the New York Community Trust, the Gar- SANDAKER each. During his tenure in both appointed and field Foundation in Philadelphia, the George elected city government he was known as a Mason University Foundation, and the Medical HON. DUNCAN HUNTER strong supporter of the Troy master land use Technology and Practice Patterns Institute in OF CALIFORNIA plan. Washington, DC. IN THE HOUSE OF REPRESENTATIVES Randy Husk's energy and untiring dedica- tion extend beyond City Hall to other areas of ITA will carry out multidisciplinary studies Tuesday, June 4, 1996 and analysis of the potential economic, social, the community. His concern for youth is dem- legal, and environmental effects of technical Mr. HUNTER. Mr. Speaker, today I rise to onstrated by his contributions to the Troy Boys developments and technology-related projects, recognize the outstanding service and dedica- and Girls Club, the Athens High School Ath- programs, or policies. tion of a constituent in my district, Lt. Col. letic Boosters Club, and his service as a vol- I am thrilled that the Institute of Technology Orville Sandaker. His career in the Air Force unteer probation worker for the Oakland Coun- Assessment has been established, and I am Association [AFA] as a pilot trainer spans five ty Juvenile Department. And he is a member honored to begin my service on ITA's advisory decades and has included over 15 awards and past president of the Troy Optimist Club, panel. and recognitions. I would like to take a mo- serving the youth of Troy in that role also. The I ask that my fellow colleagues join me in a ment to commend Orville's exceptional service Troy Code of Ethics Committee recognized his bipartisan effort to help ITA maintain the focus to our country. commitment by electing him Vice Chairman. on public policy and legislative issues inherited Orville began his career 60 years ago in He is a past president of the Apollo Home- from OTA. Coopertown, ND, flying an OX±5 Travelair. owners Association, and a past Trustee of the f Since then, Orville has logged over 5,000 Troy Inter-Service Club Council. hours in the air, 3,000 of which included The citizens of Troy were not surprised GILBERT ‘‘GIBBY’’ LAFAVE search and rescue missions. On December 1, when in 1977 the Troy Jaycees presented 1941, Orville became a charter member of the Randy Husk with the Distinguished Service HON. BART STUPAK Civil Air Patrol [CAP] and in 1948, went to Award. Always outspoken in support of issues OF MICHIGAN serve in the Auxiliary of the U.S. Air Force. he believes in, he has been untiring in his ef- IN THE HOUSE OF REPRESENTATIVES Orville has also worked as a training check forts to promote the betterment of the health, pilot since 1951 and as a co-founder of the safety, and welfare of the Troy community. Tuesday, June 4, 1996 Flying Samaritans and a charter member of And so, Mr. Speaker, we take note of the Mr. STUPAK. Mr. Speaker, it is with great the Baja Bush Pilots, his responsibilities are numerous contributions of Randy Husk to the pride that I bring to the attention of the House ever-changing. citizens of Troy, and I offer my best wishes for of Representatives and of this Nation the re- Throughout his tenure in the Air Force Auxil- his continued success in future endeavors. cent retirement of Mr. Gilbert ``Gibby'' LaFave, iary Service and various Chairmanship posi- f director of aging and nutrition for the Dickin- tions in the San Diego Chapter of the AFA, son-Iron Counties Community Service Agency. Orville has contributed infinitely to the aero- SARATOGA SPRINGS, NY, RE- The agency, located in Michigan's Upper Pe- space and flight education of young pilots. It is CEIVES GREAT AMERICAN MAIN ninsula, will truly miss Mr. LaFave who con- this continued role as an educator that has STREET AWARD cluded his tenure on May 10, 1996, after 16 earned Orville many CAP and AFA honors, in- dedicated years. cluding their top National Achievement HON. GERALD B.H. SOLOMON During these times of budget cuts and in- awards. OF NEW YORK creased need for social services to our senior Mr. Speaker, in an era when the U.S. mili- IN THE HOUSE OF REPRESENTATIVES citizens, the efforts of so many people to tary is often not given sufficient recognition, stretch a dollar, to provide more and better outstanding leaders, such as Orville, exemplify Tuesday, June 4, 1996 services to those who truly need assistance the commitment our Armed Forces has to su- Mr. SOLOMON. Mr. Speaker, only five cities and to improve the quality of life for so many perior performance. Orville has dedicated his were singled out by the National Trust for His- is truly an accomplishment. throughout his life to teaching our young Air Force aviators toric Preservation for its Great American Main E984 CONGRESSIONAL RECORD — Extensions of Remarks June 4, 1996 Street Award. One of them, Saratoga Springs, Terri McNair's commitment to the less fortu- The Shell Explorers are particularly proud of NY, is in the 22d Congressional District I have nate does not end when she goes to her full- their $1,000 donation to the Boys and Girls the privilege of representing. time job. She is a social worker who coordi- Harbor Youth Facility in Morgan's Point, TX. The award was well earned. Saratoga nates the Family Violence Program at the Through several car washes, the Explorers Springs has long enjoyed its distinction as a Bedford Hills Correctional Facility. As a social had raised this money to finance their yearly city of thoroughbred racing and fine mansions. worker at New York's only maximum security activities. However, they later learned that the But by the 1970's, the city's charm was start- women's prison, Terri McNair works with in- Boys and Girls Harbor Youth Facility, which ing to fade. Fortunately, Saratogians are jus- mates who have been both the perpetrators helps orphans and troubled youth, was in tifiably proud of their city, and a group of them and the victims of violence and she is in a key need so the Shell Explorers donated the funds decided to restore the city's splendor to its full- position to help these women stop this end- to help the Facility. est. less cycle of violence. Career opportunities are also a focal point About a quarter century ago building fa- For her commitment to making her commu- for the Explorers. They visited KRBE Radio to cades were crumbling and the downtown was nity and our world a better place, I rise today learn the tricks of sound mixing, the art of pro- lifeless. Fear that a recently constructed near- to pay tribute to a woman whose commitment motions, and other career opportunities for by supermall would drain the city's commercial to the less fortunate is unmatched and whose those interested in a future in broadcasting. blood, a group of citizens responded by form- charity and compassion is truly awe-inspiring. The Explorers invite guest speakers to discuss ing what was known as the plan of action. Be- Terri McNair, on behalf of myself, my col- their careers as well as to instill the value of sides encouraging ideas on renovation, plan of leagues in the U.S. House of Representatives good study habits and the importance of a col- action led to a special assessment district, a and all of the people whose lives you have lege education. group of 82 downtown property owners on and touched, I want to offer you my most sincere along Broadway who paid an additional tax thanks. Terri, you truly are an American hero. The Shell Explorers provide an example of each year for improvements. f good citizenship for all of us. Through the These efforts, in turn, led to a spring years, they have learned that by serving oth- flowerplanting program and the gathering of IN HONOR OF SHELL EXPLORER ers they serve themselves and each member residents 4 days a week to dig up sidewalks POST 9999, DEER PARK, TX has gone forth with the knowledge that he or and plant 250 trees along Broadway. The city she had made a difference. also boasts of a new urban center that attracts HON. KEN BENTSEN tourists even outside the racing season. OF TEXAS f To make a long story short, Mr. Speaker, IN THE HOUSE OF REPRESENTATIVES the total value of downtown property was val- Tuesday, June 4, 1996 IMMIGRATION AND REFUGEES IN THE UNITED STATES ued at $15 million in the early 1970's and is Mr. BENTSEN. Mr. Speaker, I rise to com- valued at $63 million today. mend the members of Shell Explorer Post No. The summer season of thoroughbred racing 9999 in Deer Park, TX, for their many HON. BERNARD SANDERS and Saratoga Performing Arts Center always achievements and contributions to our com- drew tourists to Saratoga Springs. But the munity. OF VERMONT city's finest sons and daughters were not con- The Shell Explorer Post is sponsored by the IN THE HOUSE OF REPRESENTATIVES tent until they once again had a city worthy of Shell Oil Refinery located in Deer Park, TX, those two attractions. and is part of the East Central Exploring Dis- Tuesday, June 4, 1996 As the recipient of a Great American Main trict of the Sam Houston Area Council of the Street Award, Saratoga Springs will receive a Mr. SANDERS. Mr. Speaker, for the benefit Boy Scouts of America. The post is open to of my colleagues I would like to have printed plaque to display along the street, a certificate, young men and women, ages 14 to 20, who a trophy, and a $5,000 award to be put in a in the RECORD this statement by Tedra Guyett wish to be part of a vibrant, growing, fun-filled and Harmony Hariman, high school students revolving trust controlled by the city's Preser- organization that explores career opportunities vation Foundation. from Washington County, VT, who were and encourages community involvement. speaking at my recent town meeting on issues Mr. Speaker, the spirit that restored Sara- Shell Explorers learn the value of commu- facing young people. toga Springs is the spirit that made America nity service, develop an awareness of our the greatest country in the world. I'm proud of fragile environment, and establish an under- My name is Harmony Hariman, and I’m a the city, privileged to represent her residents standing of the strength we have as a people Student Area Coordinator for Amnesty in Congress, and fortunate to have my major that fosters pride in themselves and their abil- International, and I’m an intern with the Vermont Refugee Assistance. district office on Broadway. ity to do good work, both as individuals and as Let us now, Mr. Speaker, add our own a team. My name is Tedra Guyette; I’m also a Stu- voices to the growing chorus of tributes to During the 1994±95 season, they brought dent Area Coordinator for Vermont, and I’m Saratoga Springs, NY, as one of this Nation's also an intern with Vermont Refugee Assist- their hard work and dedicated service to a ance. truly fine cities. wide assortment of community projects. f To help improve our environment, the Ex- The first thing we really want to talk plorers cleaned up a stretch of beach front for about is a Bill that was passed on March 21st A TRIBUTE TO TERRI MCNAIR in the House, HR 2202. That’s really upset- the fifth year in a row. They then turned their ting to me, because it effectively banned HON. SUE W. KELLY attention to the Armand Bayou Nature Center people who have genuine political claims OF NEW YORK where they helped to build gates, repair . . . from ever entering the U.S., or ever IN THE HOUSE OF REPRESENTATIVES fences, and clear brush vines. Through such staying, because . . . When a person flees activities, the Explorers learned about the eco- their country with the fear of safety, and Tuesday, June 4, 1996 system and wildlife while helping to beautify they come here, do you think they’re going Mrs. KELLY. Mr. Speaker, I rise today to our community for all of us. to come off the plane and say, ‘‘Whoops, we pay tribute to a true American hero. Terri Senior citizens hold a special place in the better get a lawyer and file some papers?’’ No, they’re worried about their safety. And McNair, a constituent of mine, is the living em- hearts of the Explorers, and they go out of often spend months trying to save their fam- bodiment of the spirit of charity and giving that their way year after year to help better their ilies, and just getting settled, which pretty this Nation was built on. She has devoted her lives. Whether it be removing old broken much bans them from ever filing. The Bill career, and much of her free time, to easing sheetrock, helping a carpenter to install a new HR 2202 would ensure that any immigrant or the pain and the burden on people who are kitchen counter and sink, patching or painting, refugee who is caught entering or crossing less fortunate. the Explorers are always there to extend their the border illegally will be permanently As the volunteer president of the Commu- valuable services. barred from ever legally entering the coun- nity Center in Katonah, NY, Terri McNair co- Besides doing handiwork, the Explorers can try. Yet there are instances where a refugee ordinates an operation that provides food, always be relied on to share a friendly smile. has no other option. Immigrants lack knowl- edge about specific opportunities of become clothing, literacy programs, career counseling, During the Christmas holiday, they delivered a citizen, and often do not understand the and most importantly, a helping hand and hot, hearty meals to homebound seniors in process itself, or how to negotiate the I.N.S. word of encouragement to needy people in my Pasadena, Deer Park, La Porte, and the Deer bureaucracy. district and hometown. The Katonah Commu- Park Activities Center. The Explorers also There is a section of the bill that says that nity Center is a place of refuge for many peo- brought Christmas cards and kind words for immigrants who are here illegally, or un- ple, and she is a beacon of hope for those those who lived far from families and were documented immigrants, are unable to re- people who seek out this refuge. alone for the season. ceive health care through out public system. June 4, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E985 And there’s a myth that the reason that the UN HABITAT MEETING: A BOOST and individuals critical of government human health care system is in the ground is be- FOR CIVIL SOCIETY IN TURKEY? rights practices, military abuses of the Kurdish cause it’s the immigrants, it’s the poor peo- population, Turkey's founder Ataturk, or state ple that are just dragging it down. But real- HON. STENY H. HOYER institutions. ly, immigrants use health care less than the Mr. Speaker, a more immediate attempt to general public. A 1992 U.S. Dept. of Justice OF MARYLAND silence criticism during Habitat is evidenced by report found that immigrants use federally IN THE HOUSE OF REPRESENTATIVES the police closure of a building used by 35 funded services less than the general popu- Tuesday, June 4, 1996 lation, and there have been several studies NGO's boycotting the conference to protest that show that it’s not immigrants that are Mr. HOYER. Mr. Speaker, Habitat II, the government human rights and Kurdish poli- pulling us down, it’s everyone else’s stupid- United Nations Conference on Human Settle- cies. These groups have organized an alter- ity and ignorance about the immigrants. ments is now underway in Istanbul, Turkey. native Habitat to publicly protest the destruc- Most hospital care costs for undocumented World leaders, international media, and thou- tion of almost 3,000 Kurdish villages and cre- immigrants were paid by private insurance, sands of NGO representatives from around ation of almost 3 million refugees. These which was 47%; or by the immigrants and the planet have assembled to address critical groups rightly contend that such policies are their families themselves, which was 45%. incompatible with the goals of Habitat and re- That only leaves 8% of the immigrants in global issues related to sustainable develop- the country that were paid for by the govern- ment. flect serious threats to democracy and devel- ment. Mr. Speaker, in addition to Habitat II's global opment of civil society in Turkey. Yet instead This Bill would also deny immigrants ben- significance, the meeting offers an unprece- of allowing open discussion of these serious efits under any means-tested programs fund- dented opportunity to further develop civil soci- issues, the Government of Turkey has once ed by the federal government, or by state ety and democracy in Turkey and raise inter- again chosen to respond with repressionÐin government, as well as being ineligible to re- national awareness of the serious problems full view of the international community. ceive grants, to receive Earned Income tax which prevent Turkey from realizing its great Mr. Speaker, Turkey has ratified numerous credits, to receive SSI benefits, Medicaid, potential. The gathering affords Turkish U.N. and European human rights conventions, Food Stamps, housing assistance, unemploy- NGO'sÐthe building blocks of civil societyÐ committed itself to OSCE standards and prin- ment benefits, college financial aid, among ciples, and is seeking closer ties with the others. Although, undocumented immigrants an unparalleled opportunity to network, orga- nize coalitions, and develop advocacy strate- West. Unfortunately, efforts by successive alone paid $7 billion per year in taxes. In Turkish governments to strengthen democratic 1990, undocumented immigrants paid $2.7 bil- gies. Among NGO's attending the conference, lion in Social Security, and $160 million in there is a palpable sense that Habitat will institutions and institute legal reforms have Unemployment Insurance; and this is accord- catalyze efforts to advance civil society, de- failed to resolve underlying sources of human ing to a publication by the Urban Institute. mocracy, and human rights in Turkey. Mr. rights problems. Mr. Speaker, Turkey is an important strate- (signal) Speaker, it is my hope that this important con- gic and economic ally. As a NATO member I’m just going to do a quick story about a ference will also result in concerted inter- proximate to the Balkans, Caucasus, Central man that I know. He’s 18 years old, and is national efforts to support human rights and from Sudan, and is now lost in the ‘‘war Asia, and the Middle East, Turkey figures zone’’ of the American immigration system. democracy in Turkey and the NGO's which prominently in regional efforts to address He’s actually living in Woodbury; he is ap- support these ideals. water, energy, arms control, terrorism, and en- Mr. Speaker, Istanbul is an appropriate parently some kind of dangerous criminal vironmental issues. Yet while Turkey's govern- venue to examine sustainable development. A because he came here with a false passport; ment and people are poised to reap political, so, now he’s in jail, and the first time I met former seat of empires and home to a mul- economic, and strategic windfalls, the potential him I asked him, ‘‘Well, how long will you be titude of cultures and people, Istanbul is a dy- here?’’ meaning, how long would he be stay- perils for Turkey, should it move back on the namic urban bridge between Europe and Asia, democratic path, loom equally large. ing with family that he was staying with. Christianity and Islam, antiquity and the 21st And he misinterpreted me to mean, ‘‘How Mr. Speaker, these dangers are very real. long will you be in the U.S.,’’ and just said, century. From modern high rises and opulent As Habitat II convenes, Turkey's minority coa- ‘‘immigration,’’ and shrugged his shoulders. Ottoman palaces to sprawling shanty towns lition government verges on collapse, inca- And that was probably the saddest thing I’ve and exploding garbage dumps, Istanbul en- pacitated since its inception by bitter personal ever seen in my life, was this man-just lost. compasses all that is wonderful and frighten- rivalries and corruption charges. The Constitu- Due to time restrictions, we are unable to ing about today's urban environments. tional Court recently invalidated the parliamen- address all the myths Mr. Speaker, Istanbul's unforgettable char- tary vote which approved the centrist coalition, and . . . overstatements, but I can say that acter owes much to a great Ottoman hero, the and a no-confidence vote this Thursday will to blame immigrants is to scapegoat an easy, 16th century soldier-turned-architect, Sinan. unpopular target, and to divert responsbility likely bring down the government. Turkey's During a prolific career that spanned six dec- military leaders, who seized power on three from more proper parties. ades, Sinan-designed many of Turkey's most Congressman Sanders: Thank you very occasions since 1960, increasingly express well-known landmarks. Yet he also built struc- dissatisfaction with the status quo and rising much. Let me ask you a couple of questions: tures throughout the Ottoman empire which what does political asylum mean, and why is popularity of the Muslim-based Refah Party. that important? were critical to daily lives, including: bridges, Coup rumors abound in the Turkish press. As Answer. Well, to me, it means someone wells, warehouses, tombs, aqueducts, baths, confidence in the government ebbs, support who because of their benefits, because of residences, and caravan stops. In Istanbul for Muslim fundamentalist and nationalist par- their actions, needs to flee their home, needs alone, more than 300 Sinan-designed struc- ties has increased. Should moderate, secular to leave, whether it’s because they were tures have been identified. parties lose power, Turkey could turn away against their government in this Yet while Sinan's heritage provides an im- from the West, undergo a military coup or face country . . . like the [last] girl was saying, pressive Habitat backdrop, the travails of a deepening instability and political violence. All or the wrong color, in the wrong country; contemporary Turkish architect reveal a not- these scenarios set back democracy and civil come to a place where they can be safe, so-proud legacy, one that reminds us that Tur- society, threaten regional stability, and pose where they can wake up in the morning and key faces severe strains which threaten de- know that, ‘‘okay, nobody’s going to shoot obstacles to Turkey's moving closer to Europe me today.’’ That’s what asylum means. mocracy and the development of civil society. and the United States. Congressman Sanders: Okay. Were you im- Yavuz Onen is general secretary of the Mr. Speaker, the Turkish Government's in- migrants? Turkish Architect's Association and president tolerance of NGO's protesting village evacu- Answer. Yes, my family was . . . [there’s] of the Human Rights Foundation of Turkey. ations and other Kurdish or human rights is- a history of immigrants in my family. The Foundation documents human rights sues has already marred Habitat. While par- Answer. Being that we are white, I think abuses and operates four treatment centers ticipants in the official and NGO forums will re- we are all immigrants, in this country. for victims of torture in Turkey. In 1995, Mr. portedly not be prosecuted for remarks that Congressman Sanders: so, essentially what Onen accepted awards on behalf of the Foun- violate Turkish law, it is unclear whether indi- you’re saying is that everybody other than dation from the International Human Rights viduals and groups speaking outside the meet- the Native Americans are immigrants if we Law Group and the Lawyers Committee for ing will face charges. Mr. Speaker, this leads are in this country? Human Rights. Foundation leaders and doc- me to ask what will happen after Habitat, Answer. That’s true. tors face constant prosecution and harass- when NGO's energized by the experience at- Answer. That’s correct. ment. The Turkish Government's persecution tempt to utilize newly established links and im- Congressman Sanders: Okay. Thank you of the Foundation and other NGO's reflect a plement strategies developed during the con- very much—excellent presentation. larger effort to criminalize and silence groups ference? It will be very important for all Habitat E986 CONGRESSIONAL RECORD — Extensions of Remarks June 4, 1996 participants, including U.S. delegation mem- helps address safety, fuel efficiency, and envi- Matters’’ is an excellent one. I am convinced bers led by Housing and Urban Development ronmental impact concerns. Anyone who has that you cannot move ahead in life if you do Secretary Henry Cisneros, to maintain links ever expressed concern about air travel can not know from whence you came. All too often, we forget those who came before us, and support for groups they worked with dur- fully appreciate the importance of this scientific their struggles, and even their achievements, ing Habitat II. As human rights issues and the work. Research and development in the areas even though it is they who have helped mold further advancement of civil society in Turkey of aging aircraft safety, air traffic management, the future of those in attendance. have important implications for bilateral rela- advanced technologies, and wing and engine This occasion at this time in our Nation’s tions, this Congress should continue to closely icing are just some of the ways in which aero- history reminds us of the rewards of toil and monitor developments in Turkey after Habitat nautics directly touches our lives. Moreover, hard work. Your family reunion marks yet II. scientific work in aeronautics has also led to another step in your commitment to con- tinue to build upon a strong and solid foun- f the development of thousands of spinoff tech- dation. It also reflects the value of loving nologies that we see every day. The NASA husbands and wives, devoted fathers and EILEEN PECH RECEIVES WOMEN’S Lewis Research Center in my district in north- HISTORY MONTH HONORS mothers, attentive grandfathers and grand- east Ohio, along with Wright Labs at the mothers, dutiful sons and daughters and Wright-Patterson Air Force Base in Dayton, loyal uncles, aunts, cousins and other family HON. WILLIAM O. LIPINSKI are responsible for developing or refining members. This reunion is but another step- OF ILLINOIS many everyday conveniences such as medical ping stone in a brilliant path that the family IN THE HOUSE OF REPRESENTATIVES equipment, orthopedic advances, microwave has blazed, leaving a legacy from which all ovens, automotive brake discs, high-tempera- can learn. Tuesday, June 4, 1996 At this special time, permit me to borrow Mr. LIPINSKI. Mr. Speaker, I rise today to ture paints, fire-resistant fabrics, and graphite from the words that are found in Saint Mat- pay tribute to an outstanding journalist in my composite sporting goods. thew 16:18, ‘‘And I say also unto thee . . . district who was recently honored for her con- Despite all of the industry's successes and upon this rock I will build my church; and tributions to her community. contributions to our way of life, the future of the gates of hell shall not prevail against Ms. Eileen Pech, of Berwyn, IL, was re- America's preeminence in aeronautics is it.’’ We face difficult and uncertain times as threatened. Our trading partners continue to many are challenging the very foundations cently named Woman of the Year by the Mor- that have made this Nation strong. It is im- ton Township Women's History Month Com- pour billions into their domestic research and development programs, while our national ef- portant, now more than ever, that the family mittee. The committee recognized Ms. Pech, a stand together and assert your rightful role. reporter for the LIFE newspapers, for her fort, led by the extraordinary work of the men Ecclesiastes 4:12 is instructive, ‘‘And though working toward the betterment of the commu- and women at NASA, has suffered from de- a man might prevail against one who is nity. clining levels of investment. The President's alone, two will withstand him. A threefold Ms. Pech is widely respected in her commu- budget request for NASA, in fact, recommends cord is not quickly broken.’’ This reunion nity for her fair-minded, thorough, and often a cut of $4.9 billion over the next 4 years should be a time for rekindling the spirit, re- when compared to this year's funding. Al- igniting the energy and reestablishing the entertaining coverage of local events. She unity that has made your family a pillar of shuns the spotlight herself and in accepting though I take a back seat to no one when it comes to battling our budget deficit, I have se- strength. the award, said she is ``much more com- I am a strong believer that family is one of fortable'' sitting in the audience writing about rious reservations about making such deep the most precious gifts we have; a gift that the accomplishments of others. cuts in an agency that is at the forefront of we must treasure. So, as you gather to- Mr. Speaker, I congratulate Ms. Pech on re- technology research and development on gether, reflect into the history of the Ed- ceiving this prestigious award, and extend to which our Nation's future competitiveness de- wards/Ward Family, and learn from that his- her my best wishes on continued success. pends. The House Budget Resolution, by con- tory. And remember, that it is the past which brought you together, but it is the fu- f trast, represents some $2 billion more than the President over the same time period by mak- ture generations that will keep the Edwards/ THE IMPORTANCE OF AERO- ing responsible choices in establishing agency Ward Family together. NAUTICS RESEARCH AND TECH- Please know that as a member of the priorities, and targeting resources to where North Carolina Congressional Delegation, I NOLOGY they will best be utilized. am proud to be of service to such celebrated While there might be a temptation to cut citizens and to have the opportunity to greet HON. MARTIN R. HOKE aeronautics research and technology re- you and the distinguished members of your OF OHIO sources in the pursuit of short-term budget family. May you be richly blessed as you IN THE HOUSE OF REPRESENTATIVES savings. I believe the long-run interests of our strive to perfect that which God has be- Nation require that an adequate level of in- stowed upon you. Tuesday, June 4, 1996 Congratulations on this event. I wish for vestment be made in aeronautics. That is why each of you many years of health, happiness, Mr. HOKE. Mr. Speaker, I rise to express it is so important that the funding levels rec- my appreciation to the distinguished chairman and prosperity. ommended in the House Budget Resolution f of the House Science Committee for his help be honored. in providing adequate funding levels in the f TRIBUTE TO BRUCE CORWIN area of aeronautics research and technology. In these times of severe budget constraints CELEBRATING THE EDWARDS/ HON. HOWARD L. BERMAN there was undoubtedly a strong temptation to WARD FAMILY REUNION slash spending in these critical programs, but OF CALIFORNIA the chairman demonstrated a real willingness HON. EVA M. CLAYTON HON HENRY A. WAXMAN to listen to and accept my vigorous defense of OF CALIFORNIA OF NORTH CAROLINA aeronautics at NASA, especially in high-speed IN THE HOUSE OF REPRESENTATIVES research and advanced subsonics technology. IN THE HOUSE OF REPRESENTATIVES Tuesday, June 4, 1996 I want to take this opportunity to thank the Tuesday, June 4, 1996 chairman for his commitment and foresight. Mrs. CLAYTON. Mr. Speaker, family re- Mr. BERMAN. Mr. Speaker, we are honored Aeronautics research and technology helps unions are an important part of the American to pay tribute to our good friend Bruce Corwin, promote a high-technology industry, one that fabric. I recently sent a letter to Ms. Allene whose company, Metropolitan Theaters Corp., is of critical importance to our national econ- Farmer Hayes concerning the reunion her is this year being given the H.E.L.P. Group's omy and international balance of trade. Even family has planned for July. Many of the family Corporate Philanthropy Award for ongoing conservative estimates show that the aero- members live in my congressional district, and dedication to children with special needs ev- space industry has annual sales of over $60 I want to share with my colleagues the text of erywhere. Anyone who knows Bruce and his billion and produces a positive balance of my letter to Ms. Hayes. work knows that he is an ideal choice for this trade of $25 million. In Ohio alone, the aero- award. We can think of few others who have It is my understanding the Edwards/Ward space industry is responsible for approxi- Family will hold its sixth family reunion done so much for children and the larger com- mately 300,000 jobs and injects $13.5 billion during the weekend of July 4th, in Washing- munity. into the State's economy. ton, D.C. This is the second time Bruce has been But it's not just a question of dollars and As you gather to celebrate, remember the honored by the H.E.L.P. Group; in 1988, he jobs. Aeronautics research and technology ties that bind you. Your theme, ‘‘Family received its humanitarian award. Indeed, the June 4, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E987 list of those organizations and associations funds would go forward. I have also felt that ing one of our paramount security goals. that bestowed awards on Bruce through the any U.S. assistance must be tied to identifi- This exception is not intended to set a prece- years is extraordinary. Among the more nota- able reforms. dent for future CTR activities. DOD does not My views with respect to CTR funds are now envision another exception to our estab- ble: in 1986 Los Angeles Children's Museum the same. I would appreciate a detailed ex- lished policy of not providing direct finan- named Bruce its Man of the Year, 3 years planation of the reasons that you seek to cial assistance to foreign governments under later he was named Man of the Year by the proceed with such a cash grant, and why you the CTR program. However, I will make sure Temple Sinai Jewish Community Center of the cannot achieve your purposes through the you are contacted in advance if another ex- Desert. Not to be outdone, in 1993 the Chan- U.S. articles or services. I would also like a ception is considered. nel Islands Chapter of the Multiple Sclerosis description of your oversight mechanisms for Your support for the CTR program is vital Society named Bruce its Man of the Year. the monitoring the use of funds from this and I want to add my personal thanks for the Bruce's wide range of philanthropic and vol- proposed cash transfer, how you will monitor help you have provided. If you have any fur- whether funded activities are accomplished, unteer interests is truly remarkable. It is hard ther questions, please feel free to contact and what specific reforms this assistance is me. to imagine how he finds both the time and en- tied to. Sincerely, ergy to do so much. For example, Mayor I would respectfully request from you a ——— ———. Bradley appointed Bruce to the Los Angeles commitment that this proposed cash trans- f Fire Commission, where he served as presi- fer is not a precedent for future CTR activi- dent for 2 years. He is also on the advisory ties. I would also seek from you a commit- ANDREA JAQUITH ON GANGS AND board of Bet Tzedek, a member of the advi- ment on prior consultation if, at any time, a STREET VIOLENCE cash transfer from CTR funds is under future sory committee of the Los Angeles conser- consideration. vancy, and a member of the executive board With best regards, HON. BERNARD SANDERS of the Will Rogers Hospital. Sincerely, OF VERMONT Finally, Bruce is general partner of the San LEE H. HAMILTON, IN THE HOUSE OF REPRESENTATIVES Diego Padres baseball team, which this year Ranking Democratic Member. is the surprising leader of the National Tuesday, June 4, 1996 League's West Division. It would not surprise DEPUTY SECRETARY OF DEFENSE, Washington, DC, May 28, 1996. Mr. SANDERS. Mr. Speaker, for the benefit us if somehow, in some way, he has played Hon. LEE H. HAMILTON, of my colleagues I would like to have printed a part in the Padres' success. U.S. House of Representatives, in the RECORD this statement by Andrea We ask our colleagues to join us today in Washington, DC. Jaquith, a high school student from saluting Bruce Corwin, as well as his wife, DEAR CONGRESSMAN HAMILTON: Secretary Brattleboro, VT, who was speaking at my re- Toni, and sons, Daniel and David. His self- Perry has asked me to respond to your letter cent town meeting on issues facing young lessness in a shining example for us all. of April 2, 1996 regarding DOD’s proposed ob- people. f ligation of up to $10.3 million of the FY95 Co- operative Threat Reduction (CTR) funding as The phenomenon of gangs and gang vio- lence is widespread throughout this country, CASH GRANTS UNDER THE COOP- a cash grant directly to the Ukrainian Min- istry of Defense. First, let me clearly state and is spreading rapidly and fast becoming a ERATIVE THREAT REDUCTION societal problem of great magnitude. Some PROGRAM that the Secretary and I share your concern about providing CTR assistance in the form people blame the gang problems on the pov- of grants: though the authority has existed erty that this country is struggling with. HON. LEE H. HAMILTON for some years to use grants, we have given With the possible exception of some states in the Northeast, every state now has some sort OF INDIANA clear direction that grants will not be nor- mally provided. DOD is proposing an excep- of gang problem. In 1961, there were about 23 IN THE HOUSE OF REPRESENTATIVES tion to this policy in this case because it is cities in the U.S. with known street gangs. Tuesday, June 4, 1996 required to facilitate the final Today, there are at least 187 different cities with known street gangs. In 1992, there were Mr. HAMILTON. Mr. Speaker, on April 2, denuclearization of Ukraine, a paramount national security goal for the United States. an estimated 4,881 gangs in the U.S. 1996, I wrote to Secretary Perry about a pro- The activities the grant will support in- L.A. County in California is the gang cap- posed cash grant to the Ministry of Defense of volve sensitive activities to include removal ital of the nation. In 1991, there were 150,000 Ukraine under the cooperative threat reduc- of nuclear warheads and nuclear support persons in 1,000 gangs in L.A. County. John tionÐNunn-Lugar program. On May 28 I re- equipment and the defueling, removal from Pole of Emerge Magazine said, ‘‘If you could ceived a reply from Deputy Secretary of De- silos and partial neutralization of SS–19 mis- eliminate the narcotics problem tomorrow, fense John White, and I would like to bring the siles, as well as road repair and construction you would still have a significant gang prob- lem. If the next day you eliminated the gang corresponding to the attention of my col- on sensitive areas of missile bases. All of these expenditures are non-recurring costs problem, you’d still have a significant crack leagues. The text of the correspondence fol- associated with the final removal of all war- problem.’’ lows: heads and related equipment from Ukraine. Guns, ‘‘gas traps’’ or ‘‘toolies’’—whatever HOUSE OF REPRESENTATIVES, COM- Ukraine’s agreement with Russia under you choose to call them—firearms are a MITTEE ON INTERNATIONAL RELA- which the warheads will be returned pro- major part of gangs and violence, in general, TIONS, hibits any foreign presence when these ac- today with American youths. Gunshot Washington, DC, April 2, 1996. tivities are underway. Therefore, the U.S. wounds are the leading cause of death for all Hon. WILLIAM J. PERRY, cannot use normal contracting methods. teenage boys in America. Guns kill 14 kids in Secretary of Defense, Department of Defense, Although cash grants cannot be audited as America every day. It is estimated that one Washington, DC. closely as goods and services the U.S. pro- out of 25 African-American male children DEAR SECRETARY PERRY: I write with re- vides to Ukraine, I want to assure you that now in kindergarten will be murdered with a spect to your letter of March 19, 1996 con- Ukraine will provide invoices, records of gun by the age of 18. In a recent survey con- cerning a proposed obligation of $10.3 million payments made, and summary reports for ducted, it was found that one in five H.S. of the FY95 Cooperative Threat Reduction most activities under the Grant. We will ver- students carry a weapon with them. The vast (CTR) funding as a cash grant directly to the ify that the invoices relate to effort covered majority of juveniles get guns from their Ministry of Defense of Ukraine. under the Grant and we will be working with own homes, and the majority of accidental As you know, I have been a strong advo- the Ukrainian banks to ensure that pay- shootings occur in homes where kids can eas- cate and supporter of the CTR program from ments are actually made by the Ministry of ily get guns. In a 1989 poll, nearly three out the outset. I believe that this program is in Defense to legitimate third parties. In addi- of five Americans own a gun. the national interest of the United States, tion, the invoices and reports will be meas- So many youths have firearms because of and that it has made important contribu- ured against information available to us the perceived absence of any other kind of tions to U.S. national security over the past from national technical means of surveil- power necessary to attain status and wealth. 5 years through the destructive and dis- lance, through which we can determine that 5,000 kids are killed by a gun every year in mantlement of nuclear weapons systems. the activities for which the assistance has the U.S. There’s a trend that appears to be a What concerns me is your proposed cash been provided have in fact occurred. Until we weak economy and scarcity of legitimate grant. I have consistently opposed, as the have these reports and confirm independ- jobs for these young minority men—that’s State Department well knows, all types of ently that work has taken place, the full why they tend to join gangs. Basic needs cash grants to NIS states as inconsistent amount of assistance will not be provided to that kids get by joining gangs are: structure, with the authorities of the FREEDOM Sup- Ukraine. nurturing, economic opportunity and a sense port Act. In November 1994, Secretary Chris- Let me stress the Secretary approved the of belonging. Most kids join gangs because topher wrote to me pledging that no future use of grants in this instance only because that’s what there is to join where they live— cash grants from FREEDOM Support Act the activities involved are critical to achiev- there aren’t sports teams that they can join, E988 CONGRESSIONAL RECORD — Extensions of Remarks June 4, 1996 and there aren’t jobs that they can get be- think addresses some of the concerns that Obviously, it would be unfair and irrespon- cause of the weak economy—so that’s why you’ve raised. sible to allow the deliberative process of Con- they turn to gangs. f There are two well-known gangs in West- gress regarding H.R. 3024 to be held hostage ern U.S.; they’re known as the ‘‘Crips’’ and REVISION OF UNITED STATES- by those who, for whatever reason, may prefer the ‘‘Bloods;’’ the Crips and the Bloods are PUERTO RICO POLITICAL STA- to delay or prevent a considered and unam- rivals in the Western U.S.—the Crips wear TUS ACT, H.R. 3024 biguous Federal response to the 1993 plebi- blue and the Bloods wear red. There is a lot scite. However, to accommodate the widest hatred between these two gangs; a Blood will possible range of rational and responsible not ask for a cigarette because the word be- HON. ELTON GALLEGLY views on this matter, Chairman YOUNG has gins with a c,’ as in Crips. Instead, they ask OF CALIFORNIA taken the time to consider the record carefully, for a figarette.’’ Parents are very fearful for IN THE HOUSE OF REPRESENTATIVES their children’s lives when they go out to and he has agreed to support revisions to the play or go to school; if they are caught wear- Tuesday, June 4, 1996 bill based on comments and recommendations made in hearings and during consultation with ing the wrong colors, they could be misinter- Mr. GALLEGLY. Mr. Speaker, today I am preted for belonging to a gang, and get hurt some of our colleagues, representatives of the or killed. Parents dress their children care- submitting for the RECORD a revision of H.R. major parties, and other concerned parties. fully in brown, yellow or other neutral col- 3024, the ``United States-Puerto Rico Political Thus, for example, we are prepared to en- ors, and they avoid buying British Nike’s Status Act.'' The purpose of the revised ver- sure that a valid definition of ``Commonwealth'' brand sneakers, because the initials have sion is to enable Members of Congress to consistent with applicable rulings of the U.S. come to mean ‘‘bloodkiller,’’ a sign of dis- consider the actual language of the political Supreme Court is included in the democratic respect in a Blood neighborhood. Nearly 50% status option which was presented to voters of the Black male population age 21 through process under this billÐeven though the as the definition of the ``Commonwealth'' politi- present status would not have changed under 24 is involved in some sort of gang activity. cal status option in a 1993 plebiscite con- More than 200,000 people live in South the original version unless the voters approved ducted by Puerto Rican authorities under local Central L.A., and most have turned their a new status. In addition, the revised version homes into what look like jails: heavy law. The local political parties in Puerto Rico of H.R. 3024, with the 1993 ``Commonwealth'' metal-grid bars across the windows and formulated the ballot definitions in that plebi- definition prepared by the local political party doors, their yards turned into military com- scite. which supports that status option, is being pounds with wrought-iron fences, etc. They On December 14, 1994, the Legislature of made available for consideration by the sub- do this to protect their property, their fam- Puerto Rico adopted Concurrent Resolution committee and interested Members of Con- ily and themselves from gangs involvement. 62, requesting the 104th Congress, if unwilling Solutions to ending the gang problems of gress. to accede to and implement the definition of the U.S. are difficult to come up with. Try- The constitutional, fiscal, and political obsta- ``Commonwealth'' from the 1993 ballot, to ing to attract the interest of teenagers is cles to implementation of both the core ele- state ``. . . the specific status alternatives that also hard to do. Some suggestions have been: ments and most provisions of the 1993 ``Com- it is willing to consider, and the measure it rec- recreational activities for the students to monwealth'' definition remain, as indicated in participate in after school so they can stay ommends the people of Puerto Rico should the February 29 letter cited above, Still, Chair- off the streets. A way to bring teenagers into take as part of the process to solve the prob- man YOUNG has demonstrated exceptional the picture of helping out is by way of teach- lem of their political status.'' Before responding sensitivity toward the difficult issues which er training. They need training to recognize to Concurrent Resolution 62, on October 17, gang members (signal), and discourage their arise from the inclusion of this ``best of both 1995, the Subcommittee on Native American activities. Other than recreational activi- worlds'' definition on the 1993 ballot, and its and Insular Affairs, Committee on Resources, ties, there should be also an alternative for approval by a slight plurality but less than a and the Subcommittee on the Western Hemi- those nonathletic students. There should be majority of the voters. Under the U.S. Con- sphere, Committee on International Relations, tighter security—security officers at schools stitution only Congress can determine what to deal with troublesome students; increased conducted hearings on the 1993 plebiscite re- political status options it is willing to consider discipline would mean stricter enforcement sults in which representatives of each principal as requested by Concurrent Resolution 62, but of existing disciplinary rules. Metal detec- political party testified and persons of all per- Chairman YOUNG's decision to present the tors are also a way of weeding out weapons, suasions were afforded the opportunity to sub- and in some schools there’s a truancy court 1993 definition to Congress for its consider- mit statements for the record. that deals with people with high absentee- ation reflects his commitment to the most Based on the record of that hearing (see, ism. There is also . . . alternative schools open and bipartisan approach possible. Joint Hearing Report, Serial No. 104±56 with programs for disciplinary problem chil- I want to express my admiration for the con- (Committee on Resources)), Chairman DON dren. Former gang members participate in scientious and careful approach which Chair- community awareness campaigns. And one YOUNG and I introduced H.R. 3024 along with man YOUNG has taken in this matter. While last solution would be to control the unem- 13 other cosponsors to the request of the some of the people of Puerto Rico and even ployment by making . . . more jobs available Puerto Rico Legislature in Concurrent Resolu- some Members of Congress may well prefer for students and young people. tion 62. H.R. 3024 reflects the best judgment Congressman Sanders: Andrea, thank you this legislation not be considered on the mer- of its sponsors with respect to how Puerto very much; that was excellent. I’d like to its, there is no credible basis for further delay. Rico's political status can be resolved consist- ask you a very brief question, one question: The process of hearings and accommodation ent with the U.S. Constitution and this Nation's in your judgment, has the government or of the views of others which Chairman YOUNG other interests done a good job of controlling commitment to self-determination. The defini- has overseen has been exceptionally fair, and, or eliminating youth gangs in America? tion of ``Commonwealth'' on the ballot in the by ensuring that people in Puerto Rico know Answer. I don’t think so, because there’s a 1993 plebiscite was not included in the bill as that the 1993 definition of ``Commonwealth'' is lot of unemployment out there, and that’s introduced for reasons which include those set why these teens are turning to gangs, be- considered by Congress in the original form forth in the letter of February 29, 1996, from cause they don’t have anything to do. So I without alteration, Chairman YOUNG has dem- Chairman DAN BURTON and I as the two sub- think that the government should create onstrated unprecedented flexibility and open- committee chairmen who conducted the joint more jobs for the students to get involved ness. with. hearing on October 17, 1995, signed as well That is why some 60 Members, including Congressman Sanders: Are you familiar by our respective full committee chairmen. Democrats and Republicans, are now co- with the Summer Youth Employment Pro- See, CONGRESSIONAL RECORD, March 6, 1996, sponsors of the United States-Puerto Rico Po- gram? E299±300. Answer. A little bit. litical Status Act, H.R. 3024. That is why we On March 23, 1996, a comprehensive hear- Congressman Sanders: The Summer Youth are going to move forward without further ing on H.R. 3024 was conducted by the Com- Employment Program is a Federal program delay. which allows low- and middle-income stu- mittee on Resources in San Juan, PR. Again, The revision to H.R. 3024 is made by insert- dents to have summer jobs. It’s a very im- all parties were afforded an opportunity to tes- ing the following language on line 22, page 9, portant program, in districts such as you tify or submit written statements. On the basis of H.R. 3024 as introduced on March 6, 1996: were speaking about in Los Angeles, where of the exhaustive record now before the com- unemployment is very high. One of the (3) A path of Commonwealth, in which— things that I should tell you, a little bit mittee and extensive consultations with inter- ‘‘(A) the Commonwealth is a mandate in sadly, is we were fighting this fight, but we ested individuals, political parties, and elected favor of guaranteeing our progress and secu- think that the leadership in Congress is officials in Puerto Rico, the Subcommittee on rity as well as that of our children within a going to eliminate the funding for the Sum- Native American and Insular Affairs is pre- status of equal political dignity, based on mer Youth Employment Program, which I pared to consider further H.R. 3024. the permanent union between Puerto Rico June 4, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E989 and the United States encompassed in a bi- ing and the mastery of the basic skills, de- FDA jurisdiction over tobacco, there is no lateral pact that cannot be altered except by manding moral excellence and communal agency with authority over nicotine-containing mutual agreement. courtesy in their dealings with one another. tobacco products. ‘‘(B) the Commonwealth guarantees— ‘‘(i) irrevocable United States citizenship; Mediocrity was unacceptable. We cannot allow the tobacco industry to go ‘‘(ii) common market; Mr. Speaker, my community will sorely miss unregulated especially in the area of youth ‘‘(iii) common currency; the guiding hand of Mrs. Mary Vereen. Her smoking. The threat to our Nation's children is ‘‘(iv) common defense with the United legacy exemplifies a genuine stewardship re- too great. For example, in California alone: States; flecting an admirable fusion of utmost profes- Over 29 million packs of cigarettes are sold ‘‘(v) fiscal autonomy for Puerto Rico; sionalism and personal integrity that will long to California children annually, generating ‘‘(vi) Puerto Rico Olympic Committee and be remembered and admired in the annals of $62.5 million in sales revenue for the tobacco our own international sports representation; educational leadership. I wish her a well-de- industry. and ‘‘(viii) full development of our cultural served retirement and success and happiness Teens under 18 can successfully purchase identity, under Commonwealth we are Puer- in her future endeavors. tobacco from one out of three tobacco retail- to Ricans first; f ers in California. ‘‘(C) we will develop Commonwealth Smoking among youth in California is in- through specific proposals to be brought be- NO DEAL ON TOBACCO INDUSTRY creasing from 9.1 percent in 1993 to 10.9 per- fore the United States Congress; and PROPOSAL cent in 1994. ‘‘(D) we will immediately propose— And California is one of the leaders in anti- ‘‘(I) reformulate section 936, ensuring cre- HON. FORTNEY PETE STARK smoking efforts. I could only imagine how bad ation of more and better jobs; OF CALIFORNIA the statistics would be if even our few laws ‘‘(ii) extend the Supplementary Security Insurance to Puerto Rico; IN THE HOUSE OF REPRESENTATIVES weren't in place. ‘‘(iii) obtain Nutritional Assistance Pro- Tuesday, June 4, 1996 Philip Morris and UST know that their public gram allocations equal to those received by support has been reduced to ashes. Since the States; and Mr. STARK. Mr. Speaker, recently two to- today is World No-Tobacco Day, I urge Con- ‘‘(iv) protect other products of our agri- bacco industry giants, Philip Morris USA and gress to embrace the FDA proposal, a com- culture, in addition to coffee.’’. United States Tobacco [UST], presented a gift prehensive approach to reduce youth tobacco f to the American people: their approach to how use and reject the tobacco industry's sham the industry and the Federal Government proposal. No deal for Philip Morris and UST. SPECIAL TRIBUTE TO MRS. MARY could work together to reduce youth smoking. Our children's health is non-negotiable. VEREEN ON HER RETIREMENT Their present was beautifully wrapped with an f agreement to ban cigarette vending machines, HON. CARRIE P. MEEK to restrict mail distribution of tobacco products, THE OIL SPILL PREVENTION AND OF FLORIDA and to prohibit billboard advertising of tobacco RESPONSE IMPROVEMENT ACT IN THE HOUSE OF REPRESENTATIVES products within 1,000 feet of schoolsÐall of which would be greatly effective in decreasing Tuesday, June 4, 1996 HON. ROBERT MENENDEZ youth smoking, an injurious activity that one OF NEW JERSEY Mrs. MEEK of Florida. Mr. Speaker, I rise to out of every three American high school stu- IN THE HOUSE OF REPRESENTATIVES pay tribute to a remarkable educator whose dents take part in. But once we tear away the Tuesday, June 4, 1996 exemplary life of commitment represents a ribbons and packaging on this present, we find genuine consecration to the ideals of service that all that's left is gag gift from the tobacco Mr. MENENDEZ. Mr. Speaker, it is with a on behalf of thousands of students. Mrs. Mary industry. The Philip Morris/UST proposal sense of urgency that I introduce the Oil Spill Vereen is retiring from the Dade County Public mocks the health and welfare of our Nation's Prevention and Response Improvement Act. Schools after serving 31 years of continuous children and the tobacco industry gets the last On May 10, 1996, a tanker moored in Dela- teaching, educating and motivating countless laugh. ware Bay spilled 10,000 gallons of light grade boys and girls to choose the path of academic The Philip Morris/UST proposal is an utter crude oil. Strong winds pushed the slick to- excellence and personal achievement. sham compared to the FDA's proposed rule: ward the beaches of Cape May, NJ, posing a In her own quiet but dignified way she epito- The FDA proposed rule bans tobacco spon- threat to wildlife and migrating waterfowl. The mized the noble qualities that ordinary Ameri- sorship of any athletic, musical, artistic or tanker had been anchored 17 miles off the cans, the unsung heroes and heroines of our other social or cultural event. Under their pro- Cape May Shore in an area known as the Big Nation, have always engendered into their posal, the tobacco industry can sponsor mo- Stone Anchorage. It was involved in a process charges time and time again. I would not feel torsports and rodeo, two events that the to- known as lightering. A tanker lighters by right at all if I did not share with Congress the bacco industry is heavily invested in. These pumping some of its cargo into a smaller legacy of excellence and sacrifice this humble sporting events are the most commonly at- barge. This is usually done because there is educator bequeathed to benefit the lives of so tended sporting events in the country. insufficient depth of water to allow the tanker many children in my community. The FDA proposed rule restricts tobacco ad- to safely make passage to secure oil termi- A salient description of what Mrs. Vereen vertisements to publications with an adult nals. Transferring oil over open water between meant to many homes in the inner city is so readership of 85 percent or more and less two or more vessels is a risky process which compelling as to tug at the heartfelt simplicity than 2 million readers under 18 years old. The greatly increases the possibility of spills or and relentless commitment she gave to these industry proposal changes readership to sub- more serious accidents. children. Nurturing them into becoming re- scribers. Since most children and youths do While the Cape May incident was a rel- sponsible and productive members of society, not subscribe to magazines, this provision be- atively minor accident and the environmental she transformed her covenant of service into comes ineffectual. impacts were quickly contained, I am greatly one that bespeaks of her utmost caring and The FDA proposed rule requires each to- troubled about the prospect of an accident in encouragement for their future. She also veri- bacco manufacturer to contribute to a $150 the New York Harbor. Thirty billion gallons of tably became an oasis of hope and support for million public education campaign to discour- oil of every type are shipped through the Port their parents who have had to weather the age youth from tobacco use. The tobacco in- of New York and New Jersey each year. One storms that constantly challenged them along dustry doesn't even bother to include this pro- billion gallons is lightered from deep water an- the way. vision in their proposal. chorages beyond the Verrazano Narrows. In her stint as a teacher and then as an ad- But most importantly, the Philip Morris/UST That is 100 times the amount of oil spilled by ministrator, she created ample opportunity and proposal eliminates FDA jurisdiction over to- the Exxon Valdez off the Alaskan coast. brought so much joy to so many students who bacco products. This would effectively shut These barges are often single hulled and were eager to meet the challenges she posed down the FDA's ability to regulate tobacco at sometimes have no crew or anchor. The situa- to them. With this basic methodology Mrs. all with disastrous effects: It would preempt tion in the New York Harbor is doubly dan- Vereen went on to guide her charges, both the FDA from ruling that nicotine is a drug. It gerous because of an institutional failure to children and their parents, counseling them to would preempt the FDA from ruling that nico- dredge. The lightering process is used to re- abide by the tenets of common discipline and tine is addictive. And it would preempt the duce the weight of oil tankers and thereby personal responsibility. She instilled into their FDA from ruling that a cigarette is a device lessen draft to enable these great ships to ne- value systems no less than the love of learn- used to transmit an addictive drug. With no gotiate the shoaled-in channels and berths of E990 CONGRESSIONAL RECORD — Extensions of Remarks June 4, 1996 the upper bay and the connecting channels in It’s our hope that . . . we be more of a students to serve on national committees the Kill Van Kull and the Arthur Kill. It is only voice, both in schools and on a national and panels concerning education skills. Cre- the exceptional skill and dedication of the pi- level. And, for that reason, our presentation ate positions for students to advise the Sec- is both for Congressman Sanders and for the retary of Education: a student representa- lots serving the Port of New York and New teachers and the students in the audience. tive in Washington. Jersey that have prevented a catastrophe, but We believe that student voice is fundamen- And the final suggestion today: create there have been a number of near collisions. tal to provide the necessary quality of edu- charters for student rights within your local To reduce this threat, this legislation re- cation to our nation’s youth. Student voice schools, and send these charters to other quires the Coast Guard to develop require- empowers our students, instilling confidence schools, and encourage them to create their ments for lightering and towing operations. It and providing opportunities for participation own charters. Let’s begin a grassroots Stu- provides incentives for converting to the use of in the democratic process. Student voice dent Voice Movement. (APPLAUSE) double hull vessels. The bill will also reduce gives students control over their own edu- Congressman Sanders: I would strongly en- cation, getting them interested and excited courage all of the schools here to get copies the economic hardship on the victims of oil- about it, and making it more meaningful. of these very excellent documents. The sec- spills, particularly in fishing communities. This Student voice improves the tone and level ond I’d like to ask you: to what degree are bill is a good starting point at improving the Oil of respect among students, teachers and ad- these principles in existence now at CVU— Pollution Act and improving the safety of ministration and other members of the are they in existence? barges that move a commodity that is essen- school community, building a stronger com- Answer. I think we’re here because we have tial for our economy safely and without harm munity. Incorporating student voice into the gotten these principles from our school and to the environment. educational experience is a tool for develop- from our education; and that’s not to say ing contributing members of a democratic that every student at CVU has gotten the f society. same things that we have. I think that our We attended a national conference last No- INTRODUCTION OF RABBI DAVIS school does an excellent job of providing op- vember, where we came together with stu- portunities for students, but it doesn’t do dents and teachers from across the country quite as well in making . . . sure that all HON. PETER DEUTSCH re: policy changes for student voice. And we students realize and recognize that oppor- came up with a general policy at that con- OF FLORIDA tunity. ference. This first handout that we’ve given Congressman Sanders: Let me ask you the IN THE HOUSE OF REPRESENTATIVES Congressman Sanders (and if anyone else we last question: in the last election nationally, Tuesday, June 4, 1996 would like to copy, we’ll have them available only 38% of the American people came out to afterwards) is kind of our own version of gen- vote. What do you see as the relationship be- Mr. DEUTSCH. Mr. Speaker, it gives me eral policy that we created. It’s something tween student democracy and democracy great pleasure to introduce to my colleagues, you can bring back to your own schools, and within our country as a whole? Rabbi Edward Davis, who will be giving to- share with other people. The following is the Answer. It’s building on the future; if we day's opening prayer. Rabbi Davis leads the policy: start in schools. The problem with our de- Young Israel Congregation of Hollywood, FL. School government: schools should incor- mocracy today is that as students grow up in Yet, Rabbi Davis is far more than just the spir- porate a democratic decision-making process our educational system, they don’t learn where all students can be recognized; all peo- itual leader of his south Florida congregation. that much about it. Then once they get out ple in the school community should have there into the real world they haven’t had After serving as Young Israel's rabbi for over equal opportunity to be heard; there should very much practice with it, and don’t know 15 years, he has emerged as a well-respected be a commitment to building this process by what to do. One of the best ways to remedy leader throughout the community. He is a man making it accessible, and by providing stu- that problem is to start dealing with democ- that people can turn to in their time of need dents and staff with the time necessary to racy in the schools. and someone people seek out to share in their plan and implement the school’s plan of ac- f joyous occasions. Moreover, he has become a tion. For curriculum, students need to have a HONORING JOSEPH JACOBSON dear friend whose ability to enrich people's re- voice in what and how they learn; open dia- ligious experience is a treasure and a gift. logue should exist between teachers and stu- Rabbi Edward Davis is married to Meira dents, about teacher and student evaluation. HON. GARY L. ACKERMAN Davis and is the father of nine children. Mr. For school tone and culture: a school OF NEW YORK Speaker, I congratulate Rabbi Davis on all that should have an atmosphere that reflects its IN THE HOUSE OF REPRESENTATIVES values of student empowerment; this in- he has accomplished and I ask my colleagues Tuesday, June 4, 1996 to join me in welcoming Rabbi Davis to the cludes allowing students to help shape the floor. atmosphere of the school; the climate of the Mr. ACKERMAN. Mr. Speaker, I rise today school should be one of open communication f to join with my colleagues, and the members between all its members; students and fac- of the Harry Van Arsdale Jr. Memorial Asso- ulty should feel equally comfortable in dis- STATEMENT REGARDING STUDENT cussing concerns and suggestions. The first ciation as they present their Humanitarian VOICE AND EMPOWERMENT step towards creating a school culture that Award to Joseph Jacobson. The Memorial As- allows for Student Voice lies within each in- sociation recognizes individuals who pay trib- HON. BERNARD SANDERS dividual, and . . . we want to stress that ute to educational and social projects that ex- each person is responsible for speaking out, press the lifelong philosophy and personal OF VERMONT and listening, and encouraging the voice of commitments of Harry Van Arsdale, Jr., the IN THE HOUSE OF REPRESENTATIVES others. The school atmosphere should reflect long time, and much beloved labor leader. Tuesday, June 4, 1996 the democratic ideals of our society. In an Throughout his life, Joe Jacobson has ideal world, as well as a democracy, every strived to help others. In 1921, Mr. Jacobson Mr. SANDERS. Mr. Speaker, for the benefit person has a voice, and so each person’s of my colleagues I would like to have printed voice should be listened to and respected. was initiated into the Local 3, International in the RECORD this statement by several high And the most important thing is ‘‘how’’ Brotherhood of Electrical Workers. From there school students at Champlain Valley Union and ‘‘what can you do;’’ and that’s the sec- he held a position on the Board of Directors of High School in Vermont, who were speaking ond handout that we have available if you the Electrical Workers Benefit Society. He has at my recent town meeting on issues facing want it. (signal) We’re just going to go served as president to the Electrical Welfare through reading this is all. Here are some Club, and the Bronx Acorn Social Club. Mr. young people. suggestions: Through our high school years, we have Create more funding for education; let’s Jacobson was also a representative of Local discovered the power and voice that we as think about the future; if students are em- 3, International Brotherhood of Electrical students have in our school; and we have re- powered today, we will be prepared tomorrow Workers, and an employee representative of alized that this power of student voice is an to contribute to society in an active and pro- the Joint Industry Board of the Electrical In- incredibly valuable and meaningful learning ductive way. But this cannot be accom- dustry, and of the vacation committee. experience. plished on a shoestring budget. . . . What is While becoming active in the community, he It’s important to recognize that education more important than education, what is still remained a loving husband to his late wife reform, especially when it concerns the stu- more important than our future? Rose, and a father to his son Stanley, who dents that say their education . . . can be Encourage students to teach each other; very slow. And we hope that some of the everyone is good at something; finding has blessed the Jacobsons with three grand- ideas that we present today will be a spring- strengths build upon them by creating op- children and one great-grandson. board for further action on the part of both portunities for students to teach their peers. This is not the first time Mr. Jacobson has students in the audience as well as for Ver- Through this teaching process, students will been honored with such prestigious recogni- mont. gain confidence in leadership skills. Invite tion. Mr. Jacobson's accomplishments were June 4, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E991 also acknowledged by the Electrical Industry This Congress stands firm in honoring our ob- vides criminal penalties against those who al- Division of the State of Israel Bonds, the Fed- ligation to veterans, while also honoring our legedly ``slander'' the state, similar to the laws eration of Jewish Philanthropies of the Elec- commitment to future generations of Ameri- previously used by Communist regimes to si- trical Sign Division, and the United Jewish Ap- cans by passing a balanced budget. lence their opponents. In response to a letter peal and the Bronx Council of Scouting. Mr. Speaker, with H.R. 3376 and its pro- from members of the Helsinki Commission on The dedication of this man to better his posed spending to upgrade the Lyons Medical this issue, authorities in Warsaw have recently community continued even after his retirement Center, the House continues to honor its obli- indicated their intention to repeal this provision on March 1, 1967. He was instrumental in or- gation to New Jersey's veterans. I commend as part of a general overhaul of the penal ganizing the thirteen chapters of the Retirees Chairman STUMP for this excellent bill, and code. This step will, in my view, remove one Association of Local 3, International Brother- urge my colleagues to support H.R. 3376. of the last remaining vestiges of the Com- hood of Electrical Workers. He served as their f munist system from Poland's generally out- first treasurer in 1969, and has served as standing human rights record. president since 1975, while continuing to re- NATO ENLARGEMENT In the case of Hungary, there is continued main a board member on the National Council FACILITATION ACT OF 1996 concern over the use of excessive force by of Senior Citizens. He still remains active in police, including harassment and physical his community, always putting others before HON. CHRISTOPHER H. SMITH abuse of Roma, Hungary's largest minority himself. There is no doubt in my mind that this OF NEW JERSEY group. Some human rights organizations have country would benefit by having more people IN THE HOUSE OF REPRESENTATIVES suggested that Roma are also kept in pretrial detention more often and for longer periods like Joseph Jacobson. Tuesday, June 4, 1996 Mr. Speaker, it is with the utmost sincerity than non-Roma. and gratitude, that I pay tribute to this man, Mr. SMITH of New Jersey. Mr. Speaker, as The Czech Republic, although a human and thank him for the generosity he has prof- an outspoken supporter of NATO expansion, I rights leader in many respects, passed a citi- fered on others throughout his life. He is an am pleased to join Chairman GILMAN and oth- zenship law after the dissolution of the Czech- outstanding citizen and an inspiration to us all. ers in introducing legislation designed to move oslovak Federation that leaves thousands of Therefore, I ask my colleagues to rise with this important process ahead in a timely man- people without citizenship. Regrettably, a re- me, and the people of the Fifth Congressional ner. Regrettably, the Clinton administration's cently passed amendment to the law failed to District, as we extend to Joseph Jacobson our professed commitment to expansion of NATO resolve this problem. Also, the Czech Republic sincere appreciation for his life's work and has not been adequately matched by concrete has used a criminal defamation law to restrict dedication to others. deeds. The Partnership for Peace program, free speech. Mr. Speaker, I appreciate the tremendous f meant to deepen and strengthen the links be- tween the Alliance and the emerging democ- progress which each of these states has made SERVING NEW JERSEY’S racies of East Central Europe, appears stalled. since the revolutions of the late 1980's and VETERANS BETTER The legislation we introduce today is designed early 1990's which toppled the dictators of to move the program forward, making much- East Central Europe and the former Soviet HON. BOB FRANKS needed resources available to Poland, Hun- Empire. I urge the leaders of Poland, Hungary, and the Czech Republic to take concrete OF NEW JERSEY gary, the Czech Republic and others, helping steps to address the remaining human rights IN THE HOUSE OF REPRESENTATIVES them to meet the obligations which NATO membership would entail. concerns in a manner consistent with OSCE Tuesday, June 4, 1996 The United States must provide the deter- principles as they pursue their goal of full Mr. FRANKS of New Jersey. Mr. Speaker, I mined leadership necessary to advance NATO NATO membership. rise today in support of H.R. 3376, a bill which enlargement and check those bent on blocking Mr. Speaker, the Congress has sought to authorizes major medical construction projects the inclusion of new states in the Alliance. play an active and constructive role in moving for the Department of Veterans Affairs in fiscal Mr. Speaker, the peoples of East Central the NATO expansion process forward. The year 1997. Among these projects, there is one Europe have made tremendous strides in NATO Enlargement Facilitation Act, which we which is special importance to me and to my working to overcome the legacy of com- introduce today, demonstrates our firm com- constituents: an allocation of $21.1 million for munism. Many of the countries have under- mitment to the people of East Central Europe, a new building on the grounds of the Veterans taken significant steps to consolidate democ- including those from the Baltic States and Medical Center at Lyons, NJ. racy, to protect human rights, and to rebuild Ukraine, as they strive to overcome the legacy Lyons Medical Center has served New Jer- economies based on market principles. of Communism and pursue democracy rooted sey's veterans since 1930. The Center started At the same time, my endorsement of an in respect for the rights and freedoms of the life as a long-term care facility with 400 beds expanded NATO is tempered by a recognition individual. for the mentally ill. With over 1,000 nursing of the fact that progress in the region has not f home and hospital beds and outpatient visits been even. There is room for further improve- INTRODUCTION OF H.R. 3562, totaling over 90,000 a year, Lyons is now the ment in each and every one of the states con- WISCONSIN WORKS largest medical center in the VA's health care cerned. I would note that all 27 states which system. have joined the Partnership for Peace to date H.R. 3376 will provide Lyons with the funds are participating States of the Organization for HON. MARK W. NEUMANN for a two-story building that will replace an Security and Cooperation in Europe [OSCE]. OF WISCONSIN aging building currently on site. This new That membership has committed each to act IN THE HOUSE OF REPRESENTATIVES building will enable the Center to provide bet- in accordance with all OSCE documents, in- Tuesday, June 4, 1996 ter service in a more cost-effective manner. cluding the Helsinki Final Act. Mr. NEUMANN. Mr. Speaker, I am submit- The Center will be able to consolidate the hos- As chairman of the Helsinki Commission, I ting for printing in the CONGRESSIONAL RECORD pital's emergency department, diagnostic and am convinced of the fundamental role of the text of H.R. 3562, a bill to authorize the treatment services, and ambulatory care clinic. human rights in advancing genuine security State of Wisconsin to implement the ``Wiscon- I regard this work at Lyons as one small and stability, and, as such, must be an integral sin Works'' welfare reform plan. I am also sub- part of our country's ongoing commitment to aspect of the expansion process. The human mitting a list of the 88 Federal waivers re- its veterans. My father served during World rights record of prospective candidates for quested by the Governor of Wisconsin, plus a War II as a fighter pilot. He and his generation NATO membership deserves close scrutiny. In summary of the Wisconsin Works plan, for the successfully met the challenge of defending fact, I would argue that a country's record benefit of Members of Congress. democracy against the fascist threat. should be subjected to moreÐnot lessÐscru- The Wisconsin Works plan was researched, I think our generation now is confronted with tiny the closer that country comes to being ad- written, debated, and passed into law by the another kind of threat, one from withinÐthat mitted into full membership in NATO. I would citizens of Wisconsin through their elected is, our every-growing national debt. In light of emphasize that none of the countries seeking representatives. The plan underwent the scru- this problem, we must review our Nation's NATO membership, including those consid- tiny of numerous public hearings and 18 spending priorities. The 1997 budget resolu- ered to be leading contenders, is without prob- months of public debate. The plan passed the tion reaches a balanced budget in 2002 while lems. Wisconsin state legislature with bipartisan sup- increasing spending for Veterans Affairs from The Government of Poland, for example, portÐboth the State Assembly and State Sen- $37.8 billion in 1996 to $39.9 billion in 2002. still has an arcane defamation law that pro- ate passed the plan with at least a two-thirds E992 CONGRESSIONAL RECORD — Extensions of Remarks June 4, 1996 vote. Finally, the President of the United 2. Dual agency administration of medical CHILD SUPPORT States enthusiastically endorsed Wisconsin's assistance and food stamps 1. Paying child support directly plan in a radio address to the Nation on May 3. New performance standards for agencies 2. Child support disregard 4. End entitlement to cash, health, child 3. Mandatory cooperation on child support 18, 1996. care 4. Continued eligibility for child support H.R. 3562 5. Fair hearing rights 5. Child support services for welfare fami- lies Be it enacted by the Senate and House of Rep- AID TO FAMILIES WITH DEPENDENT CHILDREN resentatives of the United States of America in 6. Earning incentives on child support Congress assembled, 1. Definition of dependent child CHILD CARE 2. Definition of AFDC SECTION 1. AUTHORITY TO IMPLEMENT WISCON- 1. Eligibility age for child care 3. Benefit for dependent children of parents SIN WORKS DEMONSTRATION 2. Financial eligibility for child care receiving SSI PROJECT. FOOD STAMPS (a) IN GENERAL.—Upon presentation by the 4. No entitlement to job positions 1. Certification State of Wisconsin of the document entitled 5. 60 day residency requirement 6. Assistance group definition 2. Graduated benefit levels ‘‘Wisconsin Works’’ (as signed into State law 3. Employment and training program ex- 7. End income/resource exemptions by the Governor of Wisconsin on April 26, emptions 8. Refusal of offer of employment 1996) to the appropriate Federal official with 4. Work requirements respect to any Federal entitlement program 9. Time-limited participation 5. Nutrition education 10. Early imposition of time limit clocks specified in such document— MAJOR FEATURES OF THE WISCONSIN WELFARE 11. Flexible use of AFDC and medical funds (1) such official is deemed to have waived REFORM PLAN (WAIVER SUBMITTED MAY 28, 12. Agency review of welfare cases compliance with the requirements of Federal 1996) law with respect to such program to the ex- 13. Privatization 14. Performance standards for agencies 1. Cash assistance is available only tent and for the period necessary to enable through work or participation in a work ac- the State of Wisconsin to carry out the dem- 15. Two month delay in closing cases 16. Changing assets limits tivity (such as community service or a shel- onstration project described in the docu- tered workshop for the disabled). ment; and 17. Lump sums 18. Benefit calculation 2. There is a 5-year lifetime limit on assist- (2) the costs of carrying out the dem- ance (with limited individual extensions 19. End AFDC needs standard onstration project which would not other- such as for poor local economy). 20. Elimination of child care disregard wise be included as expenditures under such 3. Teen parents must live at home or in a program shall be regarded as expenditures 21. Learnfare sanctions supervised alternative living arrangement under such program. 22. Non-custodial parent eligibility like kinship care or group homes. (b) LIMITATION OF COSTS.—Subsection (a)(2) 23. Sanction for child support noncoopera- 4. Health care coverage (replacing Medic- shall not apply to the extent that— tion aid) will be obtained from certified HMOs (1) the sum of such costs and the expendi- 24. Paying child support directly through benefits packages resembling those tures of the State of Wisconsin under all pro- 25. Treatment of stepparent income offered by employers, with recipients paying grams to which subsection (a) applies during 26. End medical assistance extension premiums on a sliding scale and standard co- any testing period exceeds 27. Eligibility of sponsored aliens payments. Under the Wisconsin plan, health (2) the total amount that would be ex- 28. Deeming income of sponsors care spending grows from $445 million in FY pended under such programs during such 29. Fraud penalties 1997 to $475 million in FY 1998. testing period in the absence of the dem- 30. Minors required to live at home 5. Child care is available to all eligible onstration project. 31. Statewide eligibility criteria families who need it to work, with funds fo- (c) TESTING PERIOD.—For purposes of sub- 32. Quality control cused on lower-income families and recipient section (b), the testing periods are— 33. Filing federal fraud reports copayments linked to the cost of care. Under (1) the 5-year period that begins with the 34. Benefits under trial jobs the Wisconsin plan, child care spending date of the commencement of the dem- 35. Placement for unsubsidized jobs grows from $158 million in FY 1997 to $180 onstration project, and 36. Trial jobs million in FY 1998. (2) the period of the demonstration project. 37. Community service jobs 6. The Wisconsin plan includes five food (d) RECAPTURE OF EXCESS.—If at the close 38. Work required for parents of children stamp waivers, linking food stamps with of any testing period, the Secretary of under age 6 other benefits, encouraging work (by main- Health and Human Services determines that 39. Transition taining food stamp benefits as work and in- the amount described in subsection (b)(2) ex- 40. Job access loans come rises, by limiting exceptions to re- ceeds the amount described in subsection 41. Flexible use of cash/medical funds quired work, and by reducing benefits for (b)(1) for such period, such Secretary shall 42. Child care copayment requirements failure to work), and requiring nutrition edu- withhold an amount equal to such excess 43. Community steering committee cation for participants. Food stamps would from amounts otherwise payable to the 44. JOBS program provisions be replaced with cash, increasing flexibility State of Wisconsin under section 403 of the 45. AODA participation and recipient self-esteem. Social Security Act (relating to the program 46. Work exemption for parents of children 7. Even though child care and health care of aid to families with dependent children) under age 1 spending grows, other expenses such as sub- for the first fiscal year beginning after the 47. Employment category sanctions sidized employment expenses, office costs, close of such period. The preceding sentence 48. Applicant job search and state administration fall even more, re- shall not apply to the extent such Secretary 49. Extensions of time limits sulting in lower total welfare spending is otherwise paid such excess by the State of 50. CWEP participation ($1.063 billion in FY 1997 and $1.042 billion in Wisconsin. 51. One parent participation in work pro- FY 1998). SEC. 2. NO EFFECT ON CERTAIN OTHER WAIVERS gram f GRANTED TO THE STATE OF WIS- 52. Emergency assistance CONSIN. 53. Displacement JACQUES STALDER YEAGER, SR. This Act shall not be construed to affect 54. Recoupment of overpayment PRESENTED UCR AWARD the terms or conditions of any waiver grant- 55. Garnishing benefits for medical pre- ed before the date of the enactment of this miums HON. GEORGE E. BROWN, JR. Act to the State of Wisconsin under section 56. Automatic data processing OF CALIFORNIA 1115 of the Social Security Act, including MEDICAID IN THE HOUSE OF REPRESENTATIVES earned waiver savings and conditions. The 1. Entitlement status of medical assistance current waivers are considered a pre- Tuesday, June 4, 1996 2. End of medical assistance extension condition and can be subsumed as part of the 3. HMOs Mr. BROWN of California. Mr. Speaker, I Wisconsin Works demonstration. 4. Maintain effort on medical assistance rise today to recognize the lifetime achieve- SEC. 3. AUTHORITY TO PARTICIPATE UNDER SUB- 5. No public health benefits if employer ments of Jacques Stalder Yeager. Jacques SEQUENT LEGISLATION. plan If, after the date of the enactment of this has a long history of community service which 6. Health plan premiums Act, any Federal law is enacted which modi- includes public leadership and the raising of 7. Medical assistance income eligibility fies the terms of, or the amounts of expendi- many thousands of dollars for community limits tures permitted under, any program to which projects. 8. Income disregards section 1 applies, the State of Wisconsin may On June 5, 1996, Jacques is being recog- 9. Assets elect to participate in such program as so 10. Privatization nized by the Citizens University Committee at modified. 11. Treatment of stepparent income the University of California, Riverside for out- WISCONSIN WAIVERS (88) SUBMITTED MAY 28, 12. Minor parents required to live at home standing service to the University and the ex- 1996 13. Agency review of cases tended community. His service to UCR in- GENERAL 14. Sanction for child support noncoopera- cludes University of California Board of Re- 1. New fraud penalties tion gents 1988±94; Citizens University Committee, June 4, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E993 past chairman and membership chairman, with and . . . become better people. They say, Massachusetts Hospital School is just one of continuous CUC membership since 1969; ‘‘This’ll be a good paycheck for me. his numerous public service activities. The UCR Foundation Board of Trustees; founding And that’s another thing that is a real Massachusetts Hospital School is an institu- problem with the way the system is set up life member of the Chancellor's Associates; right now: that money and getting a good tion that encourages equal opportunity. The and Chancellor's Executive Roundtable. paycheck is how things are judged by, and if goal of the school is to reinforce the idea that In addition to his strong support of the uni- you want to become a doctor, or whatever, each child should be given the chance to grow versity, Jacques is a noted businessman and it’s not because you want to help cure dis- in every possible way despite his or her phys- community leader. A native of Riverside, ease, it’s because you want a BMW. And, if ical challenge. Jacques joined the family construction busi- these things are taught in the school, then In addition to his public service, Dr. Pappas ness in 1947 after returning from military serv- that’s obviously how it’s going to be pre- is a leading orthopedist and has been a teach- ice in World War II. In 1957, he became presi- sented, but if we could . . . help people un- er and mentor to many medical students. He dent of E.L. Yeager Construction Co., Inc., derstand what they would enjoy doing, and is also a pioneer in the field of sports medicine less emphasis on money. Perhaps trying to then chairman/CEO in July 1993. Last year, help people understand that, ‘‘Well, hey, and has served as the team physician to the he sold the company to six of its senior man- money’s not the only thing out there, you Boston Red Sox for many years. Through his agers, and Jacques now serves as a director know, you’ve got to go to a job 40 hrs./week, private practice and work with the Red Sox, on the company board. making $50,000/yr., and hate my job, that’s Dr. Pappas has advanced the medical knowl- Jacques has always proved to be a reliable not something that’s going to make your life edge of the proper treatment and rehabilitation advisor who shows his love for the community happy. So, if we could change things, and of patients with debilitating injuries, and in so by involvement in transportation planning and help . . . people understand that you have to doing has helped thousands of patients. water resource management issues, and by want to learn; you need to understand what Mr. Speaker, I am sure that I speak on be- you need to go out and learn about yourself. his commitment to coordinated economic plan- And this is going to help in the school sys- half of everyone who has ever worked with Dr. ning in the region. He has also been actively tem also, because if someone’s enjoying what Pappas or benefitted from his good works, involved in charitable foundations, including they’re learning, they’re going to actually go when I offer my warmest congratulations. the Red Cross, the Arthritis Foundation, and out and do it themselves; they’re going to be f arts and museum foundations. interested. I dare say that some people, if I join the Citizens University Committee in not most people are here today because it’s INTRODUCTION OF WATER RE- the celebrating of Jacques Yeager's distin- for a class; they have to be here for a class, SOURCES DEVELOPMENT ACT OF guished service to the university and to our not because they’re interested in the politi- 1996 cal system, but because it’s a break. And if community. that’s going to be the way things are, then f nobody’s going to be happy in their life; and HON. BUD SHUSTER that’s a bigger issue than simply educating. OF PENNSYLVANIA STATEMENT REGARDING STU- (APPLAUSE) IN THE HOUSE OF REPRESENTATIVES DENT-CENTERED HIGH SCHOOL We also feel that . . . you shouldn’t have Tuesday, June 4, 1996 EDUCATION as many required courses; you have a four- year English requirement to graduate, and Mr. SHUSTER. Mr. Speaker, today I am HON. BERNARD SANDERS had my 4th year of English, and just sat pleased to introduce, with my colleague from through my English classes—I couldn’t wait the Committee on Transportation and Infra- OF VERMONT until it was over, I didn’t learn much of any- structure, JIM OBERSTAR, the administration's IN THE HOUSE OF REPRESENTATIVES thing, I just got by. I think that there should proposed authorization bill for the civil works Tuesday, June 4, 1996 be more elective classes that you can take, program of the Army Corps of Engineers, the that you’re interested in, so that you have Water Resources Development Act of 1996, or Mr. SANDERS. Mr. Speaker, for the benefit more interest to learn, I think that would be of my colleagues I would like to have printed better for the students. Along the same lines WRDA. in the RECORD this statement by several high also, that it is a major problem how general Submitting a WRDA proposal signals the school students at Peoples Academy in Ver- the courses are . . . The general courses are President's interest in continuing the Nation's mont, who were speaking at my recent town made to expose us to a lot of things, so that commitment to water infrastructure. I congratu- meeting on issues facing young people. we can try to find out what we enjoy. But in- late the President and our former House col- Our topic is: changing the education sys- stead, it actually decreases that, because the league, the Honorable Martin Lancaster, who tem. We don’t have any great solutions, or system that’s presented is looked at as some- was recently confirmed as the Assistant Sec- anything, but we just want to increase the thing that’s not enjoyable. So a kid—maybe retary of the Army for Civil Works, for their awareness of the fact that there’s too much does enjoy reading, but perhaps the way it’s commitment to water resources development presented isn’t for him. So, he may go away emphasis put on getting good grades, and and conservation. While I cannot support having a good score. And the desire to learn thinking, ‘‘I’m no good at English, I can’t get it right.’’ But that’s not necessarily the some of its provisions, the bill represents an is gone; or if it’s not gone, it’s not there very important first step in reinstating the biennial much, or whatever. The result of this is that case. It may be that the system that the students just go through school English is being presented [in] is the prob- authorization process for corps projects and just . . . playing the motions, getting good lem. So you need to look at that, it’s more programs. I look forward to working with Sec- grades, having tests, memorizing and they’re than just looking at, ‘‘Well, he’s just a bad retary Lancaster as the committee moves for- not necessarily learning anything; or student.’’ ward soon with comprehensive WRDA legisla- discovering . . . how they are self-learners, f tion. like what is the best way for them to learn, f which they can carry with them throughout TRIBUTE TO DR. ARTHUR PAPPAS life. TRIBUTE TO LA PUENTE VALLEY Another thing that we think is that teach- HON. JOSEPH P. KENNEDY II REGIONAL OCCUPATIONAL PRO- ers seem bored. They’re teaching the same OF MASSACHUSETTS GRAM thing again and again and again, IN THE HOUSE OF REPRESENTATIVES and . . . becomes monotonous; it makes learning more of a chore. . . . Tuesday, June 4, 1996 HON. ESTEBAN EDWARD TORRES Along the same lines, we think that per- OF CALIFORNIA Mr. KENNEDY of Massachusetts. Mr. haps there could be more courses—there’s a IN THE HOUSE OF REPRESENTATIVES Speaker, one of the pleasures of serving this lot of courses out there that are trying to Tuesday, June 4, 1996 help teachers learn how to become better great body, is the opportunity to recognize out- educators; but many times the teachers standing individuals from across the nation. It Mr. TORRES. Mr. Speaker, I rise today to themselves don’t have the desire to become is with great pride that I rise today to con- recognize the accomplishments of the La better educated. If those teachers could, in- gratulate Dr. Arthur Pappas who was recently Puente Valley Regional Occupational Program stead of going to classes and things like that honored by the Massachusetts Hospital [ROP], as it celebrates 25 years of community and learning how, we could find the teachers School for his dedication to children and his service and putting people on a path to a that are considered good teachers, that actu- ally want to help someone . . . I dare say, 25 years of service as Trustee and Chairman meaningful and productive career. that the majority of people that become of the Board of the Massachusetts Hospital Established in July 1970, by four sponsoring teachers don’t necessarily become a teacher School. unified school districts; Bassett, Hacienda-La and say, ‘‘Well, I want to go out there and Dr. Pappas is well known in the Boston area Puente, Rowland, and Walnut Valley, in co- help better the education of our youth, as a humanitarian and his association with the operation with the county superintendent of E994 CONGRESSIONAL RECORD — Extensions of Remarks June 4, 1996 schools and the State of California, the La treatment of others who differ from our- BALANCING THE BUDGET IS Puente Valley ROP will celebrate 25 years of selves. CRUCIAL TO OUR FUTURE dedicated service to the community on July 1, Admiral Boorda, whose untimely death we 1996. are here to mourn, was a dedicated man who HON. JON CHRISTENSEN enlisted in the United States Navy 40 years In July 1994, La Puente Valley ROP be- OF NEBRASKA came a three-district Regional Occupational ago and—make no mistake about this— IN THE HOUSE OF REPRESENTATIVES Program featuring Bassett, Hacienda-La served the Navy and his country with great Puente, and Rowland Unified School Districts. distinction throughout that exceptionally Tuesday, June 4, 1996 long service career. Because of the short- Under the dynamic leadership of Superintend- comings of individuals—including officers in Mr. CHRISTENSEN. Mr. Speaker, the time ent Patricia Frank and Board of Trustee Mem- training at the Naval Academy plus harass- has come to decide whether Congress should bers Anita Perez, Al Cobos, Mary Jo Maxwell, ment by both officers (at Tailhook) and en- amend the United States Constitution to re- Toni Giaffoglione, Norman Hsu, and Pete listed men—Admiral Boorda had to address quire an annual balanced budget. The Nebras- Samphere; and an outstanding instructional himself primarily to correcting problems of kans I represent overwhelmingly support such staff, the La Puente Valley ROP has made ethics and the need for basic decency in a measure because they know, like me, that major gains toward implementing the goals as treatment of others in the Navy. And these balancing the budget is crucial to their fami- stated in it's mission statement: are the same problems which haunt us in our lies' well-being and future prosperity. The La Puente Valley Regional Occupa- civilian lives. Because of his concentration As you may recall, in the first month of the tional Program is committed to developing on apologizing for and correcting the wrongs new Congress the House of Representatives and providing quality occupational training of others in the Navy, he was sensitive in the extreme to his apparent own shortcoming in passed a balanced budget amendment by a programs that lead to a successful school-to- vote of 300 to 132, thus taking the initial steps work transition or advanced technical train- the technical violation of what entitled the ing. These programs shall meet the diverse wearing of the Navy ‘‘V’’ for valor. of the Republican journey in honoring its Con- tract With America. Although the balanced needs of all eligible students. Admiral Mike Boorda did serve with valor budget amendment overwhelmingly passed Over the past 25 years, more than 145,000 throughout his career and abroad his as- the House, it was defeated in the Senate high school juniors and seniors, and adults signed tour of duty on a destroyer squadron when six Democrats who previously had voted from the community have taken advantage of during the Vietnam War. Although it hap- in favor of the amendment switched their vote the opportunities to participate in hundreds of pened that he was not fired upon, he was al- ways willing to place himself in harms way to defeat it. This week, the Senate will again courses. The La Puente Valley ROP offers: in serving his country. The Webster Diction- revisit the balanced budget amendment and business and management, graphic arts, in- ary defines ‘‘Valor’’ as strength of mind or again attempt to do what is right: begin fixing dustrial technology, electronics, health occupa- spirit that enables a person to encounter a system that broke long ago. tions, personal services, food services/res- danger with firmness and personal bravery. According to the House Budget Committee, taurant occupations and agriculture. Through Every one of us can and must be aware that next year Americans will pay as much interest the interest-aptitude-ability testing, career our Chief of Naval Operations, Admiral Mike on the $5 trillion national debt as we will pay counseling, and job placement assistance, Boorda displayed these qualities and in- for our national defense. That statistic alone il- hundreds of the participating students have tended the wearing of the ‘‘V’’ medals to lustrates the inadequate way Washington has made the successful school-to-work transition. simply signify his having served during the been doing business. The policies and prac- The benefits to prospective employers are period of the Vietnam War in the war thea- tices of poor decisionmaking and poor leader- significant, there are no fees, applicants are ter. He earned them by his commitment to serve wherever needed in a war theater! He ship have cost the American families dearly, prescreened, and potential employees are earned them by his 40 years of service to his placing a price tag on our current defeat of trained to meet a company's needs. The part- country! He earned them by his always very over $15,000 per year for each family. Now nership built between industry, education, and special concern for the Navy enlisted men the time has come to change course, and the community is commendable. and women! Because Mike Boorda never for- focus on a new horizon for our families, and Mr. Speaker, I am honored to have such a got that he had advanced through the en- for each other. successful program serving my constituents. It listed ranks, and he always sought the wel- The balanced budget amendment will force is with pride that I rise and ask my colleagues fare of the enlisted man and woman. the Government to play by the rules which we, to join me in recognizing the La Puente Valley We an mourn Admiral Boorda’s untimely as members of society, have come to expect Regional Occupational Program for 25 years death in a number of ways. First, we can in our ordinary affairs. Shareholders in cor- of distinguished service to the community. make our feeling known to the segments of porations wouldn't allow it. The members of f the media such as Newsweek by canceling subscriptions when they put headlines above your professional organization wouldn't toler- A TRIBUTE TO THE LIFE OF ADM. decency. We can constantly make a great ef- ate it. And certainly, you wouldn't plan your JEREMY BOORDA fort toward understanding those with whom family's financial future based on it. Yet for the we serve—especially those who are different past 200 years we have let the Government than ourselves. We can show the same kind make decisions without accountability; ac- HON. JOHN EDWARD PORTER of decency toward others that distinguished OF ILLINOIS countability which undoubtedly would not go Admiral Boorda’s life. And we can strive unanswered by the corporation, by your pro- IN THE HOUSE OF REPRESENTATIVES mightily to never allow the physically fessional organization, or by the members of Tuesday, June 4, 1996 strong to take advantage of the physically weaker: to know in our hearts that real your family. The time has come to require Mr. PORTER. Mr. Speaker, Harold Kramer, strength is strength of character! We can Congress to be accountable for the decisions a retired member of the U.S. Navy and a con- strive to give unstintingly of our selves in it's making regarding the financial future of our stituent of mine residing in Lake Bluff, IL, the service of God, our country and human- Nation, and our Nation's children. wrote this impassioned tribute to the late Ad- ity! And in doing these things we can honor I pledged to work hard for a balanced budg- miral Boorda. I would like to take this oppor- Admiral Boorda, our still outstanding United et amendment and did as I said I would do by tunity to share his words with the country. States Navy, and ourselves! voting in favor of it. I made a promise to the THE MEANING OF VALOR Admiral Mike Boorda actually gave his life people of Nebraska and I delivered. The bal- Many of us older Americans, including my- for his country because he felt that was the anced budget amendment will change the way self, have had the privilege of serving in the only way, under the circumstances of more our government does business, forcing Wash- United States Navy in World War II and bad publicity for the Navy, to maintain the ington do behave responsibly by requiring after . . . in my own case, as an enlisted integrity of the service he loved. He gave his Congress to balance its books. man. It was, during my enlistment at the life for his country just as truly as if he had In a week representing the end of an era been under fire! While deeply saddened by his age of 17 in 1944, and still is a disciplined and here on Capitol Hill, I defer to words of Senate dedicated organization which is one of the sacrifice of himself, we can honor his mem- bulwarks of our way of democratic life. But ory and his work by knowing that we cannot, Majority Leader ROBERT DOLE made last in the last few years, a series of unfortunate we will not allow the wrongs of the past to- month regarding his 20-year battle for a con- events of which we are all aware—at an avi- ward our fellows to be our guideline for the stitutional amendment to balance the budget: ator’s party, in Okinawa, at Annapolis and future. We can start by shaking the hand of Perhaps no policy is more important to the elsewhere has forced us to take stock of our the person next to us, taking some of his or economic future of Americans and the future shortcomings and re-dedicate ourselves to her burden upon our own shoulders with a of our children and the future of our nation the re-establishment of the highest degree of smile, and making the lives of those around than a balanced budget amendment. I know understanding of others and morality in our us bright and better! the President urged and probably persuaded June 4, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E995 at least six Democrats to vote ‘‘no,’’ but it’s spending and reasonable growth. Now is the people that we are not afraid to accept the re- not often we get a second chance to do the time to confront the spending dragon on Cap- sponsibility of balancing the budget and restor- right thing. itol Hill, and slay the demon like never before. ing fiscal sanity to this country's government. The time has come to move forward and re- The time has come to show the American Now is the time. Now more than ever. direct our policies and practices to responsible Tuesday, June 4, 1996 Daily Digest Senate Pascal D. Forgione, Jr., of Delaware, to be Com- Chamber Action missioner of Education Statistics for a term expiring Routine Proceedings, pages S5705–S5780 June 21, 1999. Measures Introduced: Ten bills and one resolution Lawrence Neal Benedict, of California, to be Am- were introduced, as follows: S. 1827–1836, and S. bassador to the Republic of Cape Verde. Res. 257. Pages S5762±63 Ronnie Feuerstein Heyman, of New York, to be a Member of the National Council on the Arts for Defend America Act: Senate continued consider- a term expiring September 3, 2000. ation of a motion to proceed to the consideration of Terry Evans, of Kansas, to be a Member of the S. 1635, to establish a United States policy for the National Council on the Arts for a term expiring deployment of a national missile defense system. September 3, 2000. Pages S5715±41 The following-named Career Member of the Sen- During consideration of this measure today, Senate ior Foreign Service, Class of Career Minister, for the took the following action: personal rank of Career Ambassador in recognition of By 53 yeas to 46 nays (Vote No. 157), three-fifths especially distinguished service over a sustained pe- of those Senators duly chosen and sworn not having riod: voted in the affirmative, Senate rejected a motion to J. Stapleton Roy, of Pennsylvania. close further debate on the motion to proceed to Henry McKoy, of North Carolina, to be a Mem- consideration of the bill. Page S5741 ber of the Board of Directors of the African Develop- Balanced Budget Amendment—Agreement: A ment Foundation for a term expiring February 9, unanimous-consent time-agreement was reached pro- 2002. viding for further consideration of H.J. Res. 1, Bal- Harold Walter Geisel, of Illinois, to be Ambas- anced Budget Amendment, with a vote on passage sador to the Republic of Mauritius and to serve con- of the resolution to occur at 12 noon on Thursday, currently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the June 6, 1996. Page S5780 United States of America to the Federal and Islamic Messages From the President: Senate received the Republic of The Comoros. following messages from the President of the United Aubrey Hooks, of Virginia, to be Ambassador to States: the Republic of the Congo. Transmitting the report concerning the national Robert Krueger, of Texas, to be Ambassador to emergency with respect to the lapse of the Export the Republic of Botswana. Administration Act of 1979; referred to the Com- David H. Shinn, of Washington, to be Ambas- mittee on Banking, Housing, and Urban Affairs. sador to Ethiopia. Pages S5779±80 (PM–151). Pages S5758±60 Nominations Received: Senate received the follow- Nominations Confirmed: Senate confirmed the fol- ing nominations: lowing nominations: Madeleine May Kunin, of Vermont, to be Ambas- Ernest G. Green, of the District of Columbia, to sador to Switzerland. Page S5780 be a Member of the Board of Directors of the Afri- Messages From the President: Pages S5758±60 can Development Foundation for a term expiring Communications: Pages S5760±62 September 22, 2001. Lottie Lee Shackelford, of Arkansas, to be a Mem- Statements on Introduced Bills: Pages S5763±73 ber of the Board of Directors of the Overseas Private Additional Cosponsors: Pages S5773±74 Investment Corporation for a term expiring Decem- Notices of Hearings: Page S5774 ber 17, 1998. (Reappointment) Authority for Committees: Page S5774 D558 June 4, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D559

Additional Statements: Pages S5774±79 Ocean City Department of Public Works, Ocean Record Votes: One record vote was taken today. City, New Jersey; and Richard H. Hobbie, III, New (Total—157) Page S5741 York, New York, on behalf of the Water Quality In- surance Syndicate and the American Institute of Ma- Adjournment: Senate convened at 9:30 a.m., and rine Underwriters. adjourned at 7:24 p.m., until 9:15 a.m., on Wednes- day, June 5, 1996. (For Senate’s program, see the re- ROMANIA MFN TRADE STATUS marks of the Majority Leader in today’s Record on Committee on Finance: Subcommittee on International page S5780.) Trade held hearings S. 1644, to authorize permanent extension of most-favored-nation trade status to Ro- Committee Meetings mania, receiving testimony from Senator Brown; Representatives Funderburk (former U.S. Ambas- (Committees not listed did not meet) sador to Romania), and Lantos; Marshall F. Adair, APPROPRIATIONS—DEFENSE Deputy Assistant Secretary of European and Cana- Committee on Appropriations: Subcommittee on Defense dian Affairs, Department of State; Jeffrey M. Lang, held hearings on proposed budget estimates for fiscal Deputy United States Trade Representative; Martin year 1997 for the Department of Defense, focusing M. Albanese, Lockheed Martin Ocean, Radar and on the chemical demilitarization program, receiving Sensor Systems/Lockheed Martin Corporation, Syra- testimony from Harold P. Smith, Jr., Assistant to cuse, New York; Laszlo Hamos, Hungarian Human the Secretary of Defense (Atomic Energy); Theodore Rights Foundation, New York, New York; and Ar- Prociv, Deputy Assistant to the Secretary of Defense mand A. Scala, Congress of Romanian Americans, (Chemical/Biological Matters); Maj. Gen. Robert D. McLean, Virginia. Orton, Program Manager, Chemical Demilitariza- Hearings were recessed subject to call. tion, Office of Assistant Secretary of the Army (Re- U.N. WORLD CONFERENCES search, Development, and Acquisition); and Richard Magee, Chairman, Subcommittee on Alternative Committee on Foreign Relations: Committee concluded Technologies, National Research Council, National hearings to examine the purpose and results of recent Academy of Sciences. United Nations international conferences, after re- Subcommittee will meet again tomorrow. ceiving testimony from Representative Christopher Smith; Timothy E. Wirth, Under Secretary of State OIL SPILL PREVENTION AND RESPONSE for Global Affairs; Penny Nance, Concerned Women Committee on Environment and Public Works: Commit- for America, and Suzanne Kindervatter, Commission tee concluded hearings on S. 1730, to strengthen on the Advancement of Women, both of Washing- and improve provisions of the Oil Pollution Act of ton, D.C.; and Christine Vollmer, Latin American 1990, and to ensure that citizens and communities Alliance for the Family, Caracas, Venezuela. injured by oil spills are promptly and fully com- pensated, after receiving testimony from Rear Adm. CHILD PORNOGRAPHY James C. Card, Chief of Marine Safety and Environ- Committee on the Judiciary: Committee concluded mental Protection, U.S. Coast Guard, Department of hearings on S. 1237, to revise certain provisions of Transportation; Douglas K. Hall, Assistant Secretary law relating to child pornography, after receiving of Commerce for Oceans and Atmosphere/National testimony from Kevin V. Di Gregory, Deputy As- Oceanic and Atmospheric Administration; Douglas sistant Attorney General, Criminal Division, Depart- C. Wolcott, Chair, Committee on the Oil Pollution ment of Justice; Jeffrey J. Dupilka, Deputy Chief Act of 1990 (Section 4115) Implementation Review, Postal Inspector for Criminal Investigations, United National Research Council; Sidney H. Holbrook, States Postal Inspection Service, U.S. Postal Service; Connecticut Department of Environmental Protec- Dee Jepsen, Enough is Enough, and Bruce A. Tay- tion, Hartford; Thomas A. Allegretti, American Wa- lor, National Law Center for Children and Families, terways Operators, Arlington, Virginia; John Torgan, both of Fairfax, Virginia; Frederick Schauer, Harvard Save the Bay, Providence, Rhode Island; Richard Du University, Cambridge, Massachusetts; Judith F. Moulin, Marine Transport Lines, Inc., Secaucus, New Krug, American Library Association, Washington, Jersey, on behalf of the International Association of D.C.; and Victor Cline, University of Utah, Salt Independent Tanker Owners; George J. Savastano, Lake City. D560 CONGRESSIONAL RECORD — DAILY DIGEST June 4, 1996 House of Representatives stock is adversely affected by the prolonged drought Chamber Action conditions existing in certain areas of the United Bills Introduced: 16 public bills, H.R. 3562–3577; States. Agreed to amend the title. Pages H5791±92 were introduced. Page H5817 Counterfeiting Prevention: The House voted to Reports Filed: One report was filed as follows: suspend the rules and pass H.R. 2511, amended, to H.R. 848, to increase the amount authorized to be control and prevent commercial counterfeiting. Sub- appropriated for assistance for highway relocation re- sequently, S. 1136, a similar Senate-passed measure garding the Chickamauga and Chattanooga National was passed in lieu after being amended to contain Military Park in Georgia, amended (H. Rept. the language of H.R. 2511, as passed the House. 104–603). Page H5817 Pages H5776±80 Speaker Pro Tempore. Read a letter from the House then insisted on its amendment to S. 1136 Speaker wherein he appointed Representative Coble and asked a conference. Appointed as conferees: Rep- to act as Speaker pro tempore for today. Page H5759 resentatives Hyde, Moorhead, Goodlatte, Conyers, Recess: the House recessed at 1:02 p.m. and recon- and Schroeder. H.R. 2511 was then laid on the vened at 2 p.m. Page H5765 table. Pages H5780±81 Suspensions: House voted to suspend the rules and Presidential Message—Export Administration pass the following measures: Act: Read a message from the President wherein he transmits his 6-month periodic report regarding the Veterans Health Care: H.R. 3376, amended, to authorize major medical facility projects and major threat to the national security caused by the lapse of medical facility leases for the Department of Veter- the Export Administration Act of 1979—referred to the Committee on International Relations and or- ans Affairs for fiscal year 1997; Pages H5766±74 dered printed (H. Doc. 104–225). Page H5792 Mandatory Federal Prison Drug Treatment: H.R. 2650, amended, to amend title 18, United Amendments: Amendments ordered printed pursu- States Code, to eliminate certain sentencing inequi- ant to the rule appear on pages H5818–20. ties for drug offenders. Pages H5774±76 Quorum Calls—Votes: No quorum calls or votes Copyright Clarification: H.R. 1861, amended, to developed during the proceedings of the House make technical corrections in the Satellite Home today. Viewer Act of 1994 and other provisions of title 17, Adjournment: Met at 12:30 p.m. and adjourned at United States Code; Pages H5781±84 7:05 p.m. Boating and Aviation Safety: H.R. 234, amend- ed, to amend title 11 of the United States Code to make nondischargeable a debt for death or injury Committee Meetings caused by the debtor’s operation of watercraft or air- INTERNATIONAL STANDARDS craft while intoxicated; Pages H5784±86 Administrative Dispute Resolution: H.R. 2977, Committee on Science: Subcommittee on Technology amended, to reauthorize alternative means of dispute held a hearing on the increasing importance of Inter- resolution in the Federal administrative process; national Standards to the U.S. Industrial Community Pages H5786±89 and the Impact of ISO 14000. Testimony was heard from Belinda Collins, Director, Office of Standards Office of Government Ethics: H.R. 3235, to Services, National Institute of Standards and Tech- amend the Ethics in Government Act of 1978, to extend the authorization of appropriations for the nology, Department of Commerce; and public wit- Office of Government Ethics for 3 years; and nesses. Pages H5789±90 WORKER CLASSIFICATION ISSUES Drought Relief: H. Con. Res. 181, amended, ex- pressing the sense of Congress that the Secretary of Committee on Ways and Means: Subcommittee on Agriculture should dispose of all remaining com- Oversight held a hearing on Worker Classification modities in the disaster reserve maintained under the Issues. Testimony was heard from Senator Gramm; Agricultural Act of 1970 to relieve the distress of Representatives Christensen and Kim; and public livestock producers whose ability to maintain live- witnesses. June 4, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D561 SOCIAL SECURITY TRUST FUND Committee on Foreign Relations, Subcommittee on East Asian and Pacific Affairs, to hold hearings to examine the Committee on Ways and Means: Subcommittee on So- foreign policy implications of China most-favored nation cial Security held a hearing on the use of Social Se- status, 10 a.m., SD–419. curity Trust Fund money to finance union activities Committee on Governmental Affairs, Permanent Sub- at the SSA. Testimony was heard from Jane Ross, committee on Investigations, to resume hearings to exam- Director, Income Security Issues, Health, Education, ine the security status of American informations systems, and Human Services Division, GAO; and public wit- 9:30 a.m., SD–342. nesses. Committee on Labor and Human Resources, business meet- ing, to mark up S. 1221, to authorize funds for fiscal years 1996 through 2000 for the Legal Services Corpora- Joint Meetings tion, 9:30 a.m., SD–430. CONGRESSIONAL BUDGET Committee on Small Business, to hold hearings to review the implementation of recommendations made by small Conferees met to resolve the differences between the business entrepreneurs at the 1995 White House Con- Senate and House-passed versions of H. Con. Res. ference on Small Business, 10 a.m., SR–428A. 178, establishing the congressional budget for the Special Committee on Aging, to hold hearings to examine United States Government for fiscal year 1997 and how the Supplemental Security Income and the Disability setting forth appropriate budgetary levels for fiscal Income programs can be reformed to encourage more peo- years 1998, 1999, 2000, 2001, and 2002, but did ple to enter into productive employment, 9 a.m., not complete action thereon, and recessed subject to SD–562. call. House f Committee on Agriculture, hearing to review trade oppor- NEW PUBLIC LAWS tunities in the Pacific Rim, 9:30 a.m., 1300 Longworth. Committee on Appropriations, to mark up the Defense ap- (For last listing of Public Laws, see DAILY DIGEST, p. D545) propriations for fiscal year 1997, 9:30 a.m., 2360 Ray- H.R. 1965, to reauthorize the Coastal Zone Man- burn. agement Act of 1972. Signed June 3, 1996. (P.L. Subcommittee on Interior, to mark up appropriations 104–150) for fiscal year 1997, 3 p.m., B–308 Rayburn. Subcommittee on the District of Columbia, hearing on f D.C. Management/Operation Improvements, 2 p.m., COMMITTEE MEETINGS FOR H–144 Capitol. WEDNESDAY, JUNE 5, 1996 Committee on the Judiciary, Subcommittee on Commer- cial and Administrative Law, oversight hearing regarding (Committee meetings are open unless otherwise indicated) the performance of the SSA’s Administrative Law Judges of Mobile, Alabama, and related issues, 10 a.m., 2237 Senate Rayburn. Committee on Agriculture, Nutrition, and Forestry, to hold Committee on Rules, to consider the following: W–2 hearings to examine proposals to reform the Commodity Wisconsin Works; and the Conference Report to accom- Exchange Act, 9:30 a.m., SR–328A. pany H. Con. Res. 178, establishing the congressional Committee on Appropriations, Subcommittee on Defense, budget for the United States Government for fiscal year to hold hearings on proposed budget estimates for fiscal 1997 and setting forth appropriate budgetary levels for year 1997 for the Department of Defense, focusing on fiscal years 1998, 1999, 2000, 2001, and 2002; 4 p.m., medical programs, 10 a.m., SD–192. H–313 Capitol. Subcommittee on Foreign Operations, to hold hearings Committee on Transportation and Infrastructure, Sub- on proposed budget estimates for fiscal year 1997 for for- committee on Surface Transportation, to continue hear- eign assistance programs, focusing on peacekeeping and ings on ISTEA Reauthorization Maintaining Adequate international organizations and programs, 10 a.m., Infrastructure: the Interstate Maintenance National High- SD–138. way System, Bridge and Reimbursement Programs, 9:30 Committee on Banking, Housing, and Urban Affairs, to a.m., 2167 Rayburn. hold hearings on S. 1815, to provide for improved regula- Committee on Ways and Means, Subcommittee on tion of the securities markets, eliminate excess securities Human Resources, to mark up budget reconciliation wel- fees, and reduce the costs of investing, 2 p.m., SD–538. fare proposals, 12:30 p.m., B–318 Rayburn. D562 CONGRESSIONAL RECORD — DAILY DIGEST June 4, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:15 a.m., Wednesday, June 5 10 a.m., Wednesday, June 5

Senate Chamber House Chamber Program for Wednesday: After the recognition of three Program for Wednesday: Consideration of H.R. 3540, Senators for speeches and the transaction of any morning Foreign Operations Appropriations Act for FY97 (open business (not to extend beyond 11 a.m.), Senate will re- rule, 1 hour of general debate); and sume consideration of H.J. Res. 1, Balanced Budget Consideration of H.R. , Deeming Approval of the Amendment. ‘‘Wisconsin Works’’ Waiver Request (subject to a rule).

Extensions of Remarks, as inserted in this issue

HOUSE Hamilton, Lee H., Ind., E987 Porter, John Edward, Ill., E994 Hoke, Martin R., Ohio, E986 Sanders, Bernard, Vt., E979, E982, E984, E987, E990, Ackerman, Gary L., N.Y., E990 Hoyer, Steny H., Md., E985 E993 Bentsen, Ken, Tex., E982, E984 Hunter, Duncan, Calif., E980, E983 Shuster, Bud, Pa., E993 Berman, Howard L., Calif., E986 Kelly, Sue W., N.Y., E982, E984 Smith, Christopher H., N.J., E991 Brown, George E., Jr., Calif., E992 Kennedy, Joseph P., II, Mass., E993 Solomon, Gerald B.H., N.Y., E981, E983 Christensen, Jon, Nebr., E994 Levin, Sander M., Mich., E980, E983 Stark, Fortney Pete, Calif., E989 Clayton, Eva M., N.C., E986 Lipinski, William O., Ill., E986 Stupak, Bart, Mich., E980, E983 Deutsch, Peter, Fla., E990 Meek, Carrie P., Fla., E989 Torres, Esteban Edward, Calif., E993 Fazio, Vic, Calif., E979, E983 Menendez, Robert, N.J., E989 Waxman, Henry A., Calif., E986 Franks, Bob, N.J., E991 Morella, Constance A., Md., E979 Gallegly, Elton, Calif., E988 Neumann, Mark W., Wisc., E991

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