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

Vol. 144 WASHINGTON, FRIDAY, SEPTEMBER 11, 1998 No. 120 House of Representatives The House met at 9 a.m. S. 2071. An Act to extend a quarterly finan- be deemed to have been received in executive The Chaplain, Reverend James David cial report program administered by the Sec- session unless it is received in an open ses- Ford, D.D., offered the following pray- retary of Commerce. sion of the committee. f SEC. 4. Notwithstanding clause 2(e) of rule er: XI, access to executive-session material of With all the striving and energy that ANNOUNCEMENT BY THE SPEAKER the committee relating to the review shall we use to make our mark, we pray, Al- The SPEAKER. One minutes will be be restricted to members of the committee, mighty God, that we would also slow and to such employees of the committee as at the end of legislative business today. our pace and listen to Your still small may be designated by the chairman after voice that speaks to us in our hearts f consultation with the ranking minority and in our minds. Just as we learn to PROVIDING FOR DELIBERATIVE member. SEC. 5. Notwithstanding clause 2(g) of rule speak, so may we learn to listen; just REVIEW BY COMMITTEE ON THE XI, each meeting, hearing, or deposition of as we declare our ideas, so may we re- JUDICIARY OF COMMUNICATION the committee relating to the review shall flect on what others teach us; just as FROM INDEPENDENT COUNSEL be conducted in executive session unless oth- we hear the voices around us, so may Mr. SOLOMON. Mr. Speaker, by di- erwise determined by an affirmative vote of Your gracious word speak to us in the the committee, a majority being present. rection of the Committee on Rules, I Such an executive session may be attended depths of our souls, redeeming, forgiv- call up House Resolution 525, and ask ing, uniting us in faith and hope and only by members of the committee, and by for its immediate consideration. such employees of the committee as may be love. May Your blessings, O God, be- The Clerk read the resolution, as fol- designated by the chairman after consulta- come new to us each morning and be lows: tion with the ranking minority member. with us all the day long. This is our H. RES. 525 The SPEAKER. Pursuant to the earnest prayer. Amen. Resolved, That the Committee on the Judi- order of the House of Thursday, Sep- f ciary shall review the communication re- tember 10, 1998, the gentleman from THE JOURNAL ceived on September 9, 1998, from an inde- New York (Mr. SOLOMON) is recognized pendent counsel pursuant to section 595(c) of for 2 hours. The SPEAKER. The Chair has exam- title 28, United States Code, transmitting a Mr. SOLOMON. Mr. Speaker, for pur- ined the Journal of the last day’s pro- determination that substantial and credible poses of debate only, and pursuant to ceedings and announces to the House information received by the independent the order of the House of September 10, his approval thereof. counsel in carrying out his responsibilities 1998, I yield 60 minutes to the gen- Pursuant to clause 1, rule I, the Jour- under chapter 40 of title 28, United States Code, may constitute grounds for an im- tleman from Massachusetts (Mr. MOAK- nal stands approved. peachment of the President of the United LEY), pending which I yield myself such f States, and related matters, to determine time as I may consume. Mr. Speaker, whether sufficient grounds exist to rec- during consideration of this resolution, PLEDGE OF ALLEGIANCE ommend to the House that an impeachment all time yielded is for the purposes of The SPEAKER. Will the gentleman inquiry be commenced. Until otherwise or- debate only. from Nevada (Mr. GIBBONS) come for- dered by the House, the review by the com- Mr. Speaker, as we start off, I want ward and lead the House in the Pledge mittee shall be governed by this resolution. to commend the Speaker for his state- of Allegiance. SEC. 2. The material transmitted to the ment yesterday from the chair asking House by the independent counsel shall be that the House conduct itself in the Mr. GIBBONS led the Pledge of Alle- considered as referred to the committee. The giance as follows: portion of such material consisting of ap- highest decorum possible. It was elo- I pledge allegiance to the Flag of the proximately 445 pages comprising an intro- quent on your part and was concurred United States of America, and to the Repub- duction, a narrative, and a statement of in by the Minority Leader Mr. GEP- lic for which it stands, one nation under God, grounds, shall be printed as a document of HARDT. We would remind Members of indivisible, with liberty and justice for all. the House. The balance of such material that. We have a copy of that at the f shall be deemed to have been received in ex- desk should Members want to refresh ecutive session, but shall be released from their memory. MESSAGE FROM THE SENATE the status on September 28, 1998, except as Mr. Speaker, House Resolution 525 A message from the Senate by Mr. otherwise determined by the committee. Ma- provides for a deliberative review of terial so released shall immediately be sub- Lundregan, one of its clerks, an- mitted for printing as a document of the the House Judiciary Committee of the nounced that the Senate had passed a House. communication from the independent bill of the following title, in which the SEC. 3. Additional material compiled by counsel and also provides for the appro- concurrence of the House is requested: the committee during the review also shall priate release of that communication.

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.

H7587

. H7588 CONGRESSIONAL RECORD — HOUSE September 11, 1998 Mr. Speaker, I think I speak for tained in the appendices which may crats who raised a parliamentary in- many Members this morning in saying contain telephone records, videotapes, quiry on Wednesday when the commu- that this is a day which we hoped in testimony and other sensitive mate- nication was read to the House de- our careers in public service would rial, including the 17 boxes of other manding full and complete access. never come. I came here with you 20 supporting information. There was the senior member of this years ago and I certainly, and I know The method of the dissemination and body, the Dean of this entire body, the you did, hoped such a day would never potential restrictions on access to this gentleman from Michigan (Mr. JOHN come. information is set forth in this resolu- DINGELL) who insisted on that. Other There certainly is no joy in bringing tion. The resolution provides that the Members on our side of the aisle in- forward this kind of a resolution. Only Committee on the Judiciary with the sisted on that. Still another Demo- a sense of the gravity of our task ahead ability to review the communications cratic member proposed a resolution and our mindful and constitutional re- to determine whether grounds exist to last night in the Committee on Rules sponsibilities make us do this. recommend to the House that an im- requiring full disclosure of the entire Mr. Speaker, as the Members and the peachment inquiry be commenced. The communication immediately. He at public are well aware by now, the inde- resolution provides for an immediate that time wanted us to substitute and pendent counsel delivered a commu- release of approximately 445 pages, make that amendment in order, which nication to the House of Representa- again comprised of an introduction, a we did not do. tives on Wednesday, September 9, and narrative, and a statement of so-called This resolution is an adequate middle it was pursuant to the independent ‘‘grounds.’’ This will be printed as a ground. It recognizes the public’s right counsel law, which is the law of the House document and available to the to know, and hence, for Members and land. That law requires, in pertinent Internet and other Web sites today as their constituents to engage in a dia- part, that an independent counsel shall soon as technologically possible, which logue about all of this material. It also advise the House of Representatives, will be hopefully about 2 hours after acknowledges the Committee on the and this is quoting from the law, ‘‘of this resolution passes the House. Judiciary’s proper role of sifting any substantial or credible informa- The balance of the material will be through all the material, while placing tion’’ which the independent counsel deemed to have been received in execu- the burden in favor of more release receives himself or herself, ‘‘which may tive session of the Committee on the rather than less. It is anticipated that constitute grounds for an impeach- Judiciary, but will be released from the Committee on the Judiciary will ment,’’ and that is the law of the land. that status by no later than September require additional procedural or inves- Of course, the Constitution vests the 28, 1998, and will be released piecemeal tigative authorities to adequately re- sole power of impeachment with this as the Committee on the Judiciary de- view the communications in the future. House of Representatives in Article I of termines relevant. Material released It is anticipated, therefore, that section 3 of the Constitution and the will immediately be printed as a House these authorities be the subject of an- ‘‘sole power to try all impeachments in document and available to Members other resolution which will be con- the Senate.’’ and the public, obvious new informa- sulted with the Democrat minorities Mr. Speaker, this communication tion, between now and September 28th. on the two committees over the next 4 from the independent counsel, it em- The resolution further provides that or 5 days, and that that resolution will barks this institution on a grave and a additional material compiled by the be before the House sometime mid- profound process in uncharted waters. Committee on the Judiciary during the week, and then on the floor of the In that spirit, the majority and the mi- review period will be deemed to have House towards the end of the week, if nority leadership have consulted on nu- been received in executive session un- necessary. merous occasions about this commu- less, of course, it is received in an open If this communication from Inde- nication, and the chairman and rank- session of the Committee on the Judi- pendent Counsel Starr should form the ing members of the Committee on the ciary, although, Mr. Speaker, access to basis for future proceedings, it is im- Judiciary and the Committee on Rules that executive session material will be portant to note that Members will need have discussed proposals for the sen- restricted to Members of the Commit- to cast public, to cast recorded, and ex- sitive handling and access to this ma- tee on the Judiciary and such employ- tremely profound votes in the coming terial. ees of the committee as may be des- weeks and months. Therefore, we It has not been easy to come to an ignated. should ensure that every Member of agreement. The resolution before us is Finally, the resolution provides that this House have enough information the product of that bipartisan con- each meeting, hearing or deposition of about the contents of the communica- sultation, but more so, on a fair at- the Committee on the Judiciary will be tion to cast informed votes and be tempt to meet the concerns of all of in executive session unless otherwise equipped to explain those votes on this the Members of this House; and we determined by that committee. That is most mighty of constitutional obliga- know that on both sides of the aisle we up to their discretion. tions to their constituents. are divided on how to handle this issue, Mr. Speaker, I want to point out, b and that became very evident during 0915 again, just to clarify, this resolution the 4-hour hearing that we had last The executive session may be at- does not authorize or direct an im- night in the Committee on Rules. tended only by Committee on the Judi- peachment inquiry. Sometimes the When this communication arrived at ciary members and employees of the press gets this confused, and they are the Capitol, the Speaker immediately committee designated by the chair- stating that it does. It is not the begin- directed the material to be secured by man, and after consultation with the ning of an impeachment process in the the Sergeant at Arms, and no Members ranking minority member. The resolu- House of Representatives. It merely or staff have seen that document. Al- tion before us attempts to strike an ap- provides the appropriate parameters though there are press reports this propriate balance between House Mem- for the Committee on the Judiciary, morning asserting what might be in bers’ and the public’s interest in re- the historical proper place to examine the communication, the House does not viewing this material and the need to these matters, to review this commu- know what is contained in these docu- protect innocent people. nication and make a recommendation ments at this moment, and that is the Mr. Speaker, the testimony before to the House as to whether we should way that it should be. However, it is the Committee on Rules last night in- commence an impeachment inquiry. the understanding of the Committee on dicated that among Members, on the That is what this resolution before us Rules that the communication does question of access to the material and today does. contain the following: 445 pages of a release of it to the public, and this is Mr. Speaker, the constitutional proc- communication which is divided into important to note during this begin- ess which may be initiated by this re- three sections; an introduction, a nar- ning part of the debate, that there were view is not about punishment nor is it rative, and so-called ‘‘grounds’’; and it Members on the Democrat side who about personalities. It is an effort to is accompanied by another 2,600 pages raised concerns about releasing the 445- protect a constitutional office and to of supporting material that is con- page text today, and still other Demo- ensure it is not besmirched. The safety September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7589 of constitutional government is too (Mr. CONYERS), on how this material the gentleman from Boston, Massachu- precious in this world. We are looked would be released. setts (Mr. JOHN JOSEPH MOAKLEY), my at all over this world as the exemplary According to this bipartisan leader- ranking member, is more aware of the democracy, and we must always keep it ship agreement, the supporting mate- rules than I am. Let me cite 2K(7) of that way, so the Framers of our Con- rials should be treated as if they had Rule XI. stitution designed an inherently cum- been received in executive session and It says, ‘‘No evidence or testimony bersome process which would require released only to the gentleman from Il- taken in the executive session may be cooperation among political parties, linois (Chairman HYDE) and the rank- released or used in public sessions and that is what we are here today to ing member, the gentleman from without the consent of the commit- do. It is in that spirit in which we bring Michigan (Mr. CONYERS), for their ini- tee,’’ by recorded vote. Mr. Speaker, forward this resolution today. tial review. The purpose of this restric- those are the rules of the House. Any Again, I would just urge Members to tion was to expedite review while at violation of that rule is subject to ethi- observe the proper decorum as we de- the same time limiting the possibility cal discipline. bate this very profound issue over the of harmful leaks. Mr. Speaker, I think Let me further just say that I have next 2 hours. that was absolutely the right thing to served on the steering committee of Mr. MOAKLEY. Mr. Speaker, I yield do. the Republican side of the aisle in ap- myself such time as I may consume. Another important part of the agree- pointing Members to committees for Mr. Speaker, today is a very, very ment was to limit the content of to- the last 17 years, as many of the Mem- solemn day for the House of Represent- day’s resolution to the subject of how bers there have, the minority leader, atives. Mr. Speaker, the Constitution the material should be released. No the gentleman from Massachusetts bestows several very important respon- mention of authorities to be granted to (Mr. JOE MOAKLEY) and others. sibilities on the House. All of them the Committee on the Judiciary would We choose people to serve on these have great consequence. We have the be contained in this resolution. committees because of their profes- power to raise taxes, we have the power That, Mr. Speaker, was the agree- sional backgrounds, because of their to declare war, we have the sole power ment, but last night my colleagues in demeanor and their knowledge of law. of impeachment. Today we find our- the Committee on Rules changed that Every single member of the 35 members selves considering a resolution to re- deal. They decided to release the sup- of the Committee on the Judiciary are lease portions of the Independent Coun- porting materials to all 35 Members of entitled to the same information as sel’s report. the Committee on the Judiciary, and any one member of that committee, Two days ago Independent Counsel to let the materials sit there not for 10 and we should keep that in mind. Kenneth Starr delivered to this Capitol days, as had been agreed upon, but for As to the dissemination of material, building a 445-page report, several 17 days. Mr. Speaker, I feel that this I want to read just briefly a section of thousands of pages of appendices, and information will leak out drip by drip, the resolution before us. It says that, 17 boxes of additional materials. No day by day, day after day. ‘‘Notwithstanding clause 2(e) of rule one has seen what is in the materials They also added the section directing XI, access to executive session mate- sent up by the Independent Counsel. It the Committee on the Judiciary to ex- rial of the committee relating to the is most likely to contain Mr. Starr’s amine matters beyond the scope of the review shall be restricted to Members opinions, transcripts from dozens of Independent Counsel’s report with new of the committee and to such employ- witnesses, tapes, telephone conversa- depositions and new hearings. ees of the committee as may be des- tions, and other very, very important Mr. Speaker, what is important here ignated by the chairman, after con- material. is not the details of how we release the sultation with the ranking member.’’ Mr. Speaker, once these boxes are Independent Counsel report. The issue That means, yes, under the rules of opened, innocent people could be hurt, is that we reached an agreement with this House, every member of every reputations could be destroyed, ongo- the Speaker, with the minority leader, committee is entitled to anything that ing criminal investigations could be with the chairman and the ranking is submitted to that committee. But in jeopardized. Members of the House member of the Committee on the Judi- writing the rule the way we did, no one should begin this process of releasing ciary. We relied upon that agreement. stops the committee and stops my good the information and acting on it as so- That agreement has been unilaterally friend, the gentleman from Illinois berly and as fairly as possible. altered. Mr. Speaker, I would say to (Mr. HYDE) or my good friend, the gen- There is general agreement that the my colleagues that if we cannot rely on tleman from Michigan (Mr. CONYERS) 445-page referral is to be made to the an agreement dealing with this kind of from appealing to the Members on public as soon as this resolution is matter, how can we rely on other im- their side of the aisle about letting the adopted. There is no problem there. portant matters that we are going to gentleman from Illinois (Mr. HYDE) and The dispute revolves around what to do face? the gentleman from Michigan (Mr. with the remainder of the supporting Mr. Speaker, I sincerely hope that in CONYERS) go through the material, sort materials. the future, when agreements are through it, and then call in the other Let me say again, Mr. Speaker, as to reached, we can rely on all sides to Members. I know our members are the 445-page referral, including an in- honor those agreements. going to be more than cooperative, and troduction, a narrative, and the state- Mr. Speaker, when each of us took of- I would assume that the members on ment of grounds, there is widespread fice, we put up our right hand and we the gentleman’s side are, too. agreement to make that public today. swore to uphold the Constitution. In So in effect, we are accomplishing ex- The concern is on who will review the Article 1, Section 2 of the Constitution actly what the Speaker had in mind appendices of the 17 boxes of materials states that the House of Representa- and the minority leader, and certainly to make sure that no innocent people tives shall have the sole power of im- this chairman of the Committee on are unfairly jeopardized. peachment. With that power, Mr. Rules, who sat through every single In his letter of transmittal, the Inde- Speaker, as we all know, comes a very, one of those meetings where we nego- pendent Counsel, Ken Starr, stated, very grave responsibility to the Amer- tiated what we were going to put in ‘‘Many of the supporting materials ican people, to the American President, this resolution. contain information of a personal na- and to the American electoral process. Mr. MOAKLEY. Mr. Speaker, will the ture that I respectfully urge the House So let us fulfill our responsibilities so- gentleman yield? to treat as confidential.’’ berly. Let us fulfill our responsibilities Mr. SOLOMON. I yield to the gen- Mr. Speaker, we were heartened, very fairly. tleman from Massachusetts. heartened, when the Speaker reached Mr. Speaker, I reserve the balance of Mr. MOAKLEY. Mr. Speaker, I thank an agreement with the minority leader, my time. the gentleman for yielding. I am not the gentleman from Missouri (Mr. GEP- Mr. SOLOMON. Mr. Speaker, I yield disputing the rules. All I am saying, an HARDT), the gentleman from Illinois myself such time as I may consume. agreement was made and an agreement (Chairman HYDE), and the ranking Mr. Speaker, let me cite from the was broken. It is not a proper way to member, the gentleman from Michigan rules of the House, and my good friend, start out this hearing. H7590 CONGRESSIONAL RECORD — HOUSE September 11, 1998 Mr. SOLOMON. I am not going to Mr. Speaker, 166 years ago when our who have sent us to this Congress, to cite members on the gentleman’s side country was in its robust childhood the serve the common good through the of the aisle who were in those meet- great historian Thomas Macauley rule of law. ings. Whenever we left those meetings, wrote, and I quote, ‘‘Laws exist in vain Ninty-four years ago in a message to we always had to go back and discuss for those who do not have the courage Congress, President Theodore Roo- with our colleagues, whether it be and means to defend them.’’ sevelt defined the principle that must Democrat or the Republican leader- We are here because circumstances guide our deliberations in the days and ship, and I do not like the word and our Constitution have thrust upon weeks and months ahead: ‘‘No man is ‘‘deals’’, but there were no agreements us an onerous duty, one that requires above the law and no man is below it, made on anything. us to summon the courage and the nor do we ask any man’s permission Mr. Speaker, I yield such time as he means to defend the rule of law. Do not when we require him to obey it.’’ That may consume to the gentleman from forget, please, when all the distractions principle really defines the solemnity Illinois (Mr. HENRY HYDE), the chair- and diversions and definitions have of this moment. man of the Committee on the Judici- been pronounced, at the end of it all, We are sometimes too cavalier in our ary. we are about one mighty task: to vindi- attitude toward the rule of law. It is To Ronald Reagan, my great hero, cate the rule of law. something that we take for granted. We are also met to defend the sacred and to George Bush, the former Presi- Yet we live in a century which, in bond contained in our oath of office, dent, I recommended this Member to blood and tears, in pain and sorrow, has the bond that links the Members of be appointed to the Supreme Court of vindicated the contention of the Congress, the officials of the executive the United States of America, and I am Founders of this Republic and the branch and our Federal judges to the very proud today that they did not Framers of its Constitution that the people of the United States, to those take my recommendation at that time, rule of law is the only alternative to who have given their lives for this because we need him desperately in the tyranny or to the anarchy that eventu- country and to the American people of position he is in today. ally leads to tyranny. the future. (Mr. HYDE asked and was given per- The long, hard march of humanity mission to revise and extend his re- In taking the solemn oath to defend the Constitution, we have pledged a toward the promised land of freedom marks.) has been marked by the constant Mr. HYDE. Mr. Speaker, I thank the trust that imposes a heavy responsibil- ity. We have pledged a trust to those struggle to vindicate the rule of law gentleman for yielding time to me. against the tyranny of power. Whether To my good friend, the gentleman patriots who sleep across the river in Arlington Cemetery and in American our reference point is the Ten Com- from Massachusetts (Mr. JOE MOAK- mandments or the code of Hammurabi, LEY), let me just add my spin on this cemeteries around the world. We have pledged that their defense of freedom Justinian’s Code or the Magna Carta, situation, to use an unhappy word. the Constitutional Convention of 1787 This has been a moveable feast. The and the rule of law will not have been in vain. or the United Nations Charter of 1945, situation has changed from hour to in each case humanity has made hour, as everybody gets their input on Mr. Speaker, may I presume to re- mind us all of the oath we swore when progress on its journey through history how to do this. when the rule of law has triumphed What we are talking about is reserv- we became Members of Congress. We raised our right arms and we said: over privilege or power as the arbiter ing from immediate distribution sup- of human affairs and the method to re- porting materials which we have been I do solemnly swear that I will support and defend the Constitution of the United States solve conflict. advised by the Independent Counsel against all enemies, foreign and domestic; The fact that the gradual expansion contain matters of a private, confiden- that I will bear true faith and allegiance to of the rule of law has invariably re- tial nature, and there may be innocent the same; that I take this obligation freely sulted in human progress is not an ac- people involved who do not have a cen- without any mental reservation or purpose cident of history; it is a reflection of tral or even a peripheral relationship of evasion; and that I will well and faithfully human nature. For the rule of law is an to the matter in chief. We are simply discharge the duties of the office on which I expression of the spiritual nature of trying to do the decent, responsible am about to enter, so help me God. the human person created with intel- thing by checking those over before Traditionally, an oath means a sol- ligence and free will, a moral agent ca- they are released. emn calling on God to witness to the truth of what one is saying. We all well pable of freedom and capable of order- b 0930 know the story of Sir Thomas Moore ing freedom to the pursuit of goodness, We will release them, but there may who was beheaded in the Tower of Lon- decency, and justice. be some materials in there that we can don for refusing to take the oath of su- Every member of our committee, in- agree on a bipartisan basis ought not premacy that acknowledged Henry VIII deed every Member of this Congress, is to be released. We do not know. But as head of the Church of England. In a servant of the rule of law which in whether the gentleman from Michigan the great drama of his life, ‘‘A Man for this instance means we are servants of (Mr. CONYERS) and I do it, or whether all Seasons,’’ Sir Thomas tells his the Constitution of the United States the entire Committee on the Judiciary daughter, ‘‘When you take an oath, you of America. does it, I could live with either oper- hold your soul in your hands, and if To paraphrase Theodore Roosevelt, ation. you break that oath, you open your fin- none of us is above the Constitution, Mr. Speaker, I just say it is terribly gers and your soul runs through them none of us is below the Constitution, hard to tell a Member of the Commit- and is lost.’’ and none of us is required to ask per- tee on the Judiciary that they may not Mr. Speaker, I believe with all my mission when we require ourselves and look at certain materials that were heart that each of us who took that all those who have also sworn a solemn sent over by the independent counsel. oath of office took it seriously and we oath of fidelity to the Constitution to So I do not think it is a terribly seri- will conduct ourselves so that when obey it. ous dispute. I hope the gentleman does this ordeal, and it is an ordeal, is over Because we are servants of the Con- not talk about breaking agreements. we will have vindicated the rule of law stitution, because we too are subject to As I say, these have been fluid all along and brought credit to this institution the rule of law it enshrines. No par- until we finally got to the Committee in which we are privileged to serve. tisanship in the matters before us will on Rules. I just hope the gentleman We have also pledged a trust to the be worthy of us. Americans pride them- does not feel that there was any viola- Americans of the 21st century. We have selves on living under the oldest writ- tion of trust. I do not want to start out pledged to hand over to them intact ten constitution in the world contin- that way. The gentleman from Michi- and unsullied the rule of law in con- ually in force. That historic accom- gan (Mr. CONYERS) and I are not only stitutionally ordered democracy. And plishment simply did not happen. In doing this in a bipartisan way, but in a we have pledged a trust to our fellow defense of the Constitution, American collegial way, and we are going to keep Americans, with whom we share this men and women have sacrificed their that serious effort going. moment in our history, our neighbors lives in every corner of the globe. September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7591 In defense of the Constitution, the is abundantly clear that we are not not to exclude from any Member access to American people have made enormous here just to determine his personal material necessary to inform that member's sacrifices in time and in treasure. habits, that is, the President of the judgment. In defense of the Constitution, Amer- United States, but we are to respect Mr. SOLOMON. Mr. Speaker, in order icans have forgotten they were black, the fact that he has been elected by the to equalize the time, we are going to brown, yellow or white, that they were people of the United States to serve for reserve our time for a few minutes. Catholic, Jewish, Muslim, Orthodox or another 4 years. Mr. MOAKLEY. Mr. Speaker, may I Protestant, that they were Democrats So the question of fairness is what inquire of the gentleman from New or Republicans. They have remembered surrounded the Committee on the Judi- York (Mr. SOLOMON) whether he has that they are Americans, inheritors of ciary under the leadership of Peter Ro- any speakers remaining? a precious tradition of the rule of law dino, and it will be that question of Mr. SOLOMON. Mr. Speaker, we have and trustees of that tradition before fairness that we will be judged by, if a lot of speakers, but we have only the eyes of the future. not day to day, then certainly by the about 35 minutes or so remaining. I The Constitution remains viable not November elections. think the gentleman from Massachu- only because the document itself is We should never forget that he has setts has more than 50 minutes. We venerable and its provisions wise. The been the captain of our ship for 2 years would like to equalize the time. Constitution remains viable because and this journey is supposed to take le- The SPEAKER. The gentleman from the American people continue to affirm gally 4 years. During this time, we New York (Mr. SOLOMON) has 361⁄2 min- and defend the principle of the rule of have gone through some perilous eco- utes remaining, and the gentleman law which animated the document and nomic times. We have gone through from Massachusetts (Mr. MOAKLEY) has gave it its moral ballast and its moral deficit spending into a balanced budget 511⁄2 minutes remaining. compass. We, the servants of the peo- and indeed a surplus. We have gone Mr. MOAKLEY. Mr. Speaker, I yield ple, their elected representatives, can through a period where more people are 4 minutes to the gentleman from do no less. working, more people are saving, more Michigan (Mr. BONIOR). Thus, we too are under judgment in people are living better. b 0945 So the American people want to these proceedings: the judgment of the Mr. BONIOR. Mr. Speaker, we gather people, the judgment of history, the make certain that when we judge the conduct of the President of the United in this Chamber today with a solemn judgment of moral law. Let us conduct responsibility. At its core, that respon- ourselves in this inquiry in such a way States, we judge him not by a political standard, not by an individual stand- sibility is to do what is right, right by as to vindicate the rule of law. the American people, right by our Con- Let us conduct ourselves and this in- ard, but a standard of fairness that takes into consideration that he was stitution, right by our country, and quiry in such a way as to vindicate the right by justice. Constitution. Let us conduct ourselves not appointed, he was not selected, he was elected as President of these What the President did was wrong. and this inquiry in such a way as to Now the Congress has a report on his vindicate the sacrifices of blood and United States. As we get closer to the November actions from Prosecutor Starr. I be- treasure that have been made across elections, in recognizing just by being lieve the American people have a right the centuries to create and defend this political animals, there will be a temp- to see this report. But we must remem- last, best hope of humanity on Earth, tation for us to allow our politics to ber these are allegations by a prosecu- the United States of America. get involved with our constitutional tor. By its very nature, it is a one-sided Mr. MOAKLEY. Mr. Speaker, I yield responsibilities. It will be tragic if this report. 21⁄2 minutes to the gentleman from New happens. But remember, as we judge The American people have a right to York (Mr. RANGEL), the ranking mem- the President of the United States, the see all the facts, and Congress has a re- ber on the Committee on Ways and people of the United States will also be sponsibility to consider all the facts. Means. judging us. We have an obligation to conduct this (Mr. RANGEL asked and was given Mr. SOLOMON. Mr. Speaker, I yield process in a manner that is fair, judi- permission to revise and extend his re- such time as he may consume to the cious, and upholds the principles of our marks.) gentleman from California (Mr. CAMP- Constitution. Mr. RANGEL. Mr. Speaker, this is BELL). What we are about to embark upon is the second time in the century that the (Mr. CAMPBELL asked and was a very difficult task. Only a few times question of impeachment has come be- given permission to revise and extend in our Nation’s history has this House fore this House of Representatives. I his remarks.) had to walk this very difficult road. had the honor of serving on the Com- Mr. CAMPBELL. Mr. Speaker, before a vote Where should we turn for guidance? mittee on the Judiciary when the Wa- on the floor on a Committee recommendation There have been times in the recent tergate impeachment question was be- to proceed with an impeachment resolution, or past when we have been asked to judge fore the House some 25 years ago. The upon the Committee's failure so to rec- a leader. In the 1970s, Congress had to gentleman from Michigan (Mr. CON- ommend after a reasonable time, any Member judge a President. The President’s law- YERS) was on that committee, and we of the House should be entitled personally to yers met with the Committee on the are fortunate to have his experience to review all executive-session material. Other- Judiciary and had access to the evi- bring us to the point where we can be wise, that member would be required to de- dence for seven full weeks before the fair in judging the conduct of the cide on the impeachment question, whether information was released to the public. President of the United States. yea or nay, without having all the information In the 1980s, Congress investigated Indeed, we are fortunate to have a the Independent Counsel deemed relevant to the Iran-Contra affair. The independent person like the gentleman from Illinois send to the House. Today's rule, strictly con- counsel’s report was kept under seal (Mr. HYDE), who is respected on both strued, might not permit that access if the Ju- for 5 months as President Reagan’s at- sides of the aisle, who is not tempted diciary Committee votes not to permit such ac- torneys prepared his response. by politics, but is moved by what is in cess. However, this rule will expire in its effect In 1996, the Committee on Ethics and the best interest of the people of the at the end of this session, and no one antici- this House passed judgment on our own United States, and more importantly, pates a vote on the impeachment question be- Speaker. In that case, the gentleman the protection of this Constitution fore we must pass a new rule to govern our from Georgia (Mr. GINGRICH) was al- which is not just for us, but the legacy proceedings in the next Congress. Until we lowed 6 days to review the allegations that we have to leave to our children. are called upon to make a vote on that fun- and prepare a response, 6 days. Mr. Speaker, we now will be wres- damental question, I have no problem with the In each case, the accused was allowed tling with some serious questions as to Judiciary Committee's exercise of discretion in an opportunity to review the allega- moral standards, and it is unfortunate deciding what material, out of concern for in- tions in preparing a response to the that many times people have found nocent third parties, should be held in execu- American people. That is only fair. It that they have a lower standard for tive session. is common sense. It is what our sense themselves than they have for the When we pass the rule to govern our later of justice dictates. The American peo- President of the United States. But it proceedings, however, we should take care ple understand that. H7592 CONGRESSIONAL RECORD — HOUSE September 11, 1998 Just last year, this House revised its tion saying so. We have to accept the be done, while the world will see sala- own ethics rules to give an accused report. cious details, the President will not be Member 10 days to prepare a response In order to fulfill our constitutional allowed to look at those documents. before allegations are made public. responsibilities and the only way to up- There is no reason why he should not. Why should this House not allow the hold the wisdom and the structure and There is no delay entailed. President a minimal time to review the the stability of the Constitution as so But this resolution is doing every- allegations against him before they are ably outlined by the chairman is to thing it can to make the President’s posted on the Internet, printed in the have the American people to have a defense as difficult as possible and to papers, and put out over our airwaves? moral foundation to support that Con- make it very likely that all the details Earlier this week, the Republican stitution. that the special prosecutor himself leadership expressed its commitment This is a moral crisis, a moral debate says should be protected for privacy to move forward in a bipartisan fash- that we are about to enter. If the Presi- reasons will leak out, because 50 people ion. Yet, today, we discover that those dent is going to force us to go through in this town cannot keep a secret. commitments that were made in the this trauma, every one of us here must For a practical problem, if 50 people spirit of fairness and responsibility accept that responsibility. have to have time between now and have been eroded one by one. We must understand that there is an September 28, how is anybody going to This resolution is not guided by age-old remedy for wrongdoing that is look through those 80,000 or 90,000 precedent. It is not guided by a proper exhibited actually by the Constitution. pages to decide what should be kept se- sense of fairness. The Republican lead- But philosophers, religious people as cret? They are not going to have time ership has reneged on its commit- far back as we know man goes has ex- enough with two copies. ments. This is a troubling beginning to hibited that remedy, and that is contri- Mr. MOAKLEY. Mr. Speaker, I yield a process that should guide us as we tion, confession, and cleansing. We are 2 minutes to the gentleman from Cali- take on the highest constitutional at the cleansing part. fornia (Mr. MILLER). Contrition is when you recognize (Mr. MILLER of California asked and principles. that you have done wrong, humbled But I do believe the American people was given permission to revise and ex- yourself by knowing that you have have a right, the American people have tend his remarks.) done wrong. Confession is when you Mr. MILLER of California. Mr. a right to see this report. I hope this tell the truth about what you have Speaker, the vote we take today to re- beginning does not portend a widening done. The cleansing part is accepting lease the Starr report without the op- partisan divide at a time when we must the consequences for your actions and portunity for the President to review stand together and seek the truth and being honorable enough to accept those and formulate his simultaneous re- do what is right. consequences rather than the spin, the sponse is fundamentally unfair. Mr. SOLOMON. Mr. Speaker, I yield 1 whole spin, and nothing but the spin. The charges alleged in this report are 3 ⁄2 minutes to the gentleman from We are forced to fulfill the cleansing very grave. The admitted actions of the Texas (Mr. DELAY), the majority whip part of the Constitution. I think every President are both serious and sober. of the Republican Party. Member in this House, Democrat and But no matter what charges are made, Mr. DELAY. Mr. Speaker, I rise in Republican, will rise to the level that the President is entitled to a fun- support of this legislation, and I really the oath of office that we took exhibits damental fairness at every step of the commend the leadership of the gen- and honor that oath and fulfill our re- process. This first step, the wholesale tleman from New York (Mr. SOLOMON), sponsibilities to the Constitution of release of one-sided allegations and chairman, for putting it together. the United States. evidence to the media and the Internet I was very much moved by the state- This is a wonderful institution. It violates that fairness. ments of the distinguished chairman of will rise above everything that is going Every person in this chamber under- the Committee on the Judiciary, a gen- on outside this chamber. It will exhibit stands the ramifications of the instan- tleman that we all know will do an in- what the Constitution gives us the re- taneous release of harmful information credible job in keeping this from being sponsibility to do. in both our political and justice sys- a partisan process. Mr. MOAKLEY. Mr. Speaker, I yield tem, the inability of any later consid- This resolution starts the process of 1 minute to the gentleman from New ered response getting any type of equal examining the report of the independ- York (Mr. NADLER). attention. ent counsel. We demean the job, the of- (Mr. NADLER asked and was given Surely there can be no harm in giv- fice and the law of the independent permission to revise and extend his re- ing the President an opportunity to re- counsel when we call him a prosecutor. marks.) view the material before a proper and This counsel is charged to exculpate Mr. NADLER. Mr. Speaker, the con- full public disclosure of the Starr re- the President as well as to investigate duct of the President over the last 8 port. the President, not to distort what he months and before will be judged in The release of this information may finds. this proceeding. What is at issue here very well be the first step in commenc- The President of the United States this morning is not his conduct but the ing the process of impeachment against has had over 8 months knowing what is fairness of the resolution before us, an elected President of the United coming in this report. In fact, if he which is manifestly and grossly unfair. States of America. The fairness of that started back in January and told the It is manifestly unfair because it de- process should be preserved at every American people the truth, we would nies the President the privilege we level. This rule fails to do so. not be here today. So he has had his have given to every other person ac- The public is clearly entitled to this spin-meisters and his attack dogs out cused, as the gentleman from Michigan information, but it is our obligation to for 8 months. stated, the ability to see the accusa- provide for its responsible release. He knows what is in this report, be- tion before it is released publicly so he The President must be held account- cause he probably debriefed everybody can prepare a response. able both for his admissions of wrong- that appeared before the Grand Jury. It is grossly unfair because, with re- doing and for any proven charges of il- The President’s spin-meisters have spect to the 2,200 pages of evidence and legal behavior, but he must be accorded tried to hold him above the law, the the 17 boxes of other evidence, the en- the rights and the fairness that this rule of law that the chairman was talk- tire Committee on the Judiciary is highest of constitutional responsibil- ing about. going to see it, to decide what must be ities requires of each of us. Now he wants 48 hours to be informed kept confidential and protecting pri- The Committee on Rules has failed before the American people. The Presi- vacy of third parties. the first test of our Constitution, the dent is no better than any other Amer- That means 50 people are going to see test of fundamental fairness. ican, and every American will see this it. It is going to leak out. Those pri- Mr. SOLOMON. Mr. Speaker, I yield as soon as possible. But we cannot get vacy rights are going to be violated. myself such time as I might consume there until we pass this resolution. We That is ensured by this resolution. just to respond to the previous speaker. could not even give it to the President It is grossly unfair because, during Mr. Speaker, yesterday, Independent for 48 hours unless we passed a resolu- the 10 or 20 days that that is going to Counsel Lawrence Walsh, the Iran- September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7593 Contra independent counsel stated in ess that will allow each of us to reach bate is about America’s greatness. And an in-depth interview that the Presi- the right conclusions. We can do better the founders fully recognized that by dent and his lawyers are, without ques- than how we have started today. setting a much loftier and higher tion, aware, and I am quoting, of al- Mr. Speaker, I have talked to both standard on the chief executive. They most all of the material contained in my Democratic and Republican col- did not write high crimes and other the 445 pages that we will be releasing leagues, and I know that we can suc- felonies. They wrote high crimes and today. cessfully carry out our obligations. I misdemeanors. Misdemeanors. A mat- He further said that the President’s urge us to do better in the days and ter of truth and trust. lawyers already have prepared their weeks ahead. The American people must be able to public relations response and have days Mr. MOAKLEY. Mr. Speaker, I yield trust the President. From Wall Street in which to prepare any kind of legal 2 minutes to the gentlewoman from to Social Security, from Main Street response to any inquiry that the Com- California (Ms. LOFGREN). to Moscow, from the United Nations to mittee on the Judiciary might make. (Ms. LOFGREN asked and was given China, the President must be trust- I mean, this is obvious to every Mem- permission to revise and extend her re- worthy. America is great because ber. Every Member of this body has a marks.) America is good. right to this public document, as does Ms. LOFGREN. Mr. Speaker, under I would have liked to have seen the the President. If the President wants our constitution, the House of Rep- considerations of the great Member the the first hard copy to be printed this resentatives has the sole power of im- gentleman from Massachusetts (Mr. afternoon, I am sure that the Speaker peachment. This is perhaps our single MOAKLEY) taken into consideration, would be glad to give it to him so he most serious responsibility short of a but it will not stop me from voting for does have it in advance. declaration of war. Given the gravity this resolution. No one is going to know what is in and magnitude of this undertaking, I have been here for a number of here for the next several hours, and only a fair and bipartisan approach to years, and I want to give compliment, certainly they will certainly have time this question will ensure that truth is after watching the testimony of our to go through it. discovered, honest judgments rendered, great chairman, the gentleman from Il- Mr. Speaker, I reserve the balance of and the constitutional requirement ob- linois (Mr. HYDE), and our great rank- my time. served. ing member, the gentleman from Mr. MOAKLEY. Mr. Speaker, I would Our best yardstick on whether we are Michigan (Mr. CONYERS). I have faith in inquire as to the remaining time for meeting those standards, whether we them and faith in the Congress. the gentleman from New York (Mr. are yielding fair results, is to look at America is great because America is SOLOMON) and myself. the historical experience, to look at good, and we must hold to those high The SPEAKER. The gentleman from the precedents. Twenty-four years ago standards. I support the resolution. Massachusetts (Mr. MOAKLEY) has 441⁄2 this House went through a gripping, Mr. SOLOMON. Mr. Speaker, I yield 3 minutes remaining. The gentleman grueling experience where a Demo- minutes to the gentleman from Califor- from New York (Mr. SOLOMON) has 32 cratic House investigated a Republican nia (Mr. DREIER). minutes remaining. President. And I think that if we hold As my colleagues know, I am soon to Mr. MOAKLEY. Mr. Speaker, I yield the procedures adopted at that time as retire, and the Speaker has already 2 minutes to the gentleman from Mary- our yardstick for fairness, we will be committed to my replacement. The land (Mr. CARDIN). able to measure whether or not we are gentleman from California is an out- (Mr. CARDIN asked and was given meeting the bipartisan necessity of standing vice chairman of our commit- permission to revise and extend his re- these procedures. tee who will do a wonderful job as my marks.) I have heard wonderful rhetoric replacement. Mr. CARDIN. Mr. Speaker, I intend today and yesterday about the need for Mr. DREIER. Mr. Speaker, I appre- to support this resolution, but I am bipartisanship. Regretfully, the behav- ciate my friend for yielding me this very disappointed by what will not be ior embodied in the resolution before time, and I thank him for his stellar accomplished today by the adoption of us falls short of the standard set 24 leadership. this resolution. As has been said by most of my col- Let me share with my colleagues years ago. It is not as good, it is not as leagues, this is a very solemn time and some of my own observations from the fair as what occurred 24 years ago. At a very difficult time for Democrats and 6-plus years that I served in this body’s that time my predecessor in office, and Republicans alike. Obviously, for the Committee on Ethics. There are two my then boss, Congressman Don Ed- American people as well. It is very im- key ingredients to a successful dis- wards, insisted that the President of portant that we be fair, and I am trou- charge of our obligations that are miss- the United States, Richard Nixon, have bled by some of the statements that I ing today. complete due process; that he have the First, there must be true bipartisan ability to see all of the evidence; that have heard that are challenging this efforts. One side cannot and should not his lawyers have the ability to cross- issue of fairness. dictate to the other. Mr. Speaker, a examine and to see everything way be- Mr. Speaker, let me say that in 1978 truly inclusive, bipartisan approach fore it was revealed. a Democratic Congress passed the inde- will require patience and good nego- In this case we have a rush to put al- pendent counsel statute. That made tiating skills, for our caucuses are not legations that have been compiled over major changes since the Watergate monolithic. But we must work in a bi- 4 years onto the internet without giv- hearings of 1974. Three times since 1978 partisan way, and we are not doing ing the President 24 hours to review it. that independent counsel statute has that with this first resolution. I fear for our country if we cannot do been passed. Most recently it was reau- better than this. thorized by a Democratic Congress, and b 1000 Mr. MOAKLEY. Mr. Speaker, I yield it was done when President Clinton Second, there must be basic fairness 2 minutes to the gentleman from Ohio was in office. to the person who is accused. The per- (Mr. TRAFICANT). I think it is important to note that son should have had access to the ma- (Mr. TRAFICANT asked and was we are complying with the rule of law terial that we have before it is made given permission to revise and extend under the independent counsel statute. public. That is a matter of basic fair- his remarks.) It says, ‘‘An independent counsel shall ness. Sure, the President will have a Mr. TRAFICANT. Mr. Speaker, 168 advise the House of Representatives of response, but he should not have to years ago a famous author, Alexis de any substantial and credible informa- speculate as to what we have. He Tocqueville wrote, and I quote, ‘‘Amer- tion which such independent counsel should have had access to it first so ica is great because America is good. receives that may constitute grounds that he is not blind-sided by informa- And when America ceases to be good, for an impeachment.’’ That is exactly tion that may come out later. That is America will cease to be great.’’ what is happening here. We are com- not being fair. How true that is. Today’s debate is plying with the rule of law. We have a grave responsibility to not just about Bill Clinton. It is not We very much want to deal with this carry out, and we must develop a proc- just about the Presidency. Today’s de- in the most bipartisan way possible. H7594 CONGRESSIONAL RECORD — HOUSE September 11, 1998 Last night in the testimony the gen- courtesy. And I believe, in all fairness, I am in awe of what we do here. I am tleman from Illinois (Mr. HYDE) said this President deserves that basic fair- so proud to be a Member of this body, we want to have a bias for openness. ness. What could possibly be lost by an- because we stand for democracy and And it is very clear, based on the num- other 24 or 48 hours before this were the rule of law that no one is above and ber of hits that we had when the chair- made public? no one is below. I am in awe of what we man of the Committee on Rules, the Secondly, the independent counsel achieve here without violence. We gentleman from New York (Mr. SOLO- himself told us that there is informa- must do this right. And I beg the Mem- MON), gave me the privilege of an- tion in parts two and three in this evi- bers, every one of you, to bring out the nouncing the web site of the resolution dence that could be highly sensitive best in us to do this right. Our children that we are considering today and his and injurious to innocent individuals. and our grandchildren will know if we opening statement from last night. The Now, I know that in the rush to get all did. gentleman from New York has just in- this out we can all forget the rights Mr. SOLOMON. Mr. Speaker, I yield formed me that we had over 25,000 hits and the reputation of innocent individ- myself such time as I may consume. on that. uals. I simply ask all of us to put our- Mr. Speaker, it is not appropriate for We have had Democrats and Repub- selves in the shoes of the people that you as the Speaker to address the licans say we want this information could be injured by the leaking of this House from the chair. But I am sure I out now. I think many of us are having information. speak for you and we speak for the the phones, I know I am, ring and ring And I would also remind Members leadership on this side of the aisle in and ring saying get this information that already this morning material is concurring with the latter part of the out now. But, at the same time, we are being leaked in the media. Details have statement by the very distinguished doing our darnedest to ensure that no found their way already into the media minority leader. And let me assure him one is hurt by this process. And that is that supposedly come from this infor- that we implore of our Members on this why in executive session, in executive mation. Why do I not have faith and side of the aisle that they will obey the session, the full Committee on the Ju- confidence that we can hold the mate- rules of this House, both morally and diciary, based on the request by many rial that we should hold? ethically. And if any of them on this Democrats and Republicans, will have I take the gentleman from New York side, as well as that side, leak informa- tion that is in violation of this House, the opportunity to go through the ap- (Mr. SOLOMON) at his word. I realize our pendices and the supporting informa- rules say that we should not give this I will assure you that I will use every tion. out if we have been charged to not give power I have as chairman of the Com- Mr. Speaker, it is very apparent to it out. I pray and hope that all of our mittee on Rules, and I know you will, me that while there is not total agree- Members, Democratic and Republican, as Speaker, to enforce that rule to the ment, there is, in fact, strong biparti- will live with that admonition and will highest degree to discipline any Mem- san agreement for what it is that we not leak this material out injuring the ber that would leak any information on this subject out of executive session. are proceeding to do here during this reputation of innocent people. Surely Mr. Speaker, I yield 2 minutes to the very difficult and challenging time. we can rise to this occasion. gentleman from Illinois (Mr. HYDE), Mr. MOAKLEY. Mr. Speaker, I yield Now, there are many tests ahead. the very distinguished chairman of the 5 minutes to the gentleman from Mis- This is the first step of what could be Committee on the Judiciary. souri (Mr. GEPHARDT), the minority a long process. And I guess my lesson Mr. HYDE. Mr. Speaker, I thank the leader. from today is that it takes all of us, gentleman from New York (Mr. SOLO- (Mr. GEPHARDT asked and was not just some of us, in order to make MON) for yielding. given permission to revise and extend this process work. This is a body of 435 Mr. Speaker, I just want to very his remarks.) human beings, and we are called on to briefly reply to some of the criticisms Mr. GEPHARDT. Mr. Speaker, we be better than sometimes our natures that have been made of this resolution. enter a period of great importance for allow us to be. The phrase ‘‘fundamental fairness,’’ our people’s House of Representatives This is a sacred process. This goes to which of course has a ring to it, has and for our country. As has been said, the heart of our democracy. This is not been used and contentions are that we next to declaring war, nothing we do a second election. This is not politics. have violated fundamental fairness by here rises to the importance of this de- This is not spinning. This is not poll- not giving the President an advantage cision. ing. This is not a lynch mob. This is by having him get either days ahead of I will vote for this rule today, but I not a witch-hunt. This is not trying to time or hours ahead of time the report. must report that I am disappointed in find facts to support our already- I do not think that is a breach of fun- the way we arrived at this rule and in reached conclusions. This is a constitu- damental fairness. the result. And, more importantly, I tional test. The time has come for the American am disappointed in our initial attempt, Alexander Hamilton, in the Federal- people, for the Members of this Con- which I still have faith in, to try to ist Papers, said, when speaking of im- gress, to get this report. The President reach bipartisan and nonpartisan peachment, ‘‘There will always be the will get copy number three. He will get agreements on how we go through this greatest danger that the decision will it as soon as we get it and as soon as process. be regulated more by the comparative the American people get it. He is not The Speaker has said, and I believe strength of the parties than by the real caught by surprise. He is the party of his word, that he wants this to be non- demonstrations of innocence and the first part. He knows what is in the partisan. The gentleman from Illinois guilt.’’ We are all partisans. We are all report better than anybody on the (Mr. HYDE) has said that he wants it to in politics. We all believe strongly in planet. be fair and nonpartisan, and I believe our views and we all want our views to But to give the spin machine an op- his word. But at the end of the day yes- be realized by this House. But that is portunity to be the first impact on the terday we were told that there were not what this is about. American people before we, the Mem- some on the other side that could not I ask my Members to reach inside bers, have seen this report is not bipar- go along with ideas that I believe many themselves in these days ahead, when tisanship, it is foolishness. in the Republican leadership thought we are tested, as we will be tested, to We are acting as a grand jury. The were reasonable ideas. be nonpartisan, to be fair, to be objec- grand jury does not take the object of Let me say what I think should have tive. the grand jury and give them all the been in this rule. First, I believe that evidence in the proceedings and say, b the President deserved 24 or 48 hours to 1015 now you go ahead and make your case. read these allegations and conclusions And I ask my friend on the other side That is not the way a grand jury oper- before it was made public and sent all of the aisle to do the same. I will come ates. And we are operating as a grand across the Nation and the world. We and I ask our Members to come more jury. give Members that courtesy when than halfway to reach nonpartisan Now, I pledge that the very same Members are charged with wrongdoing. agreements, to make this a fair proc- courtesy that Mr. Nixon had will be ex- We have given other Presidents that ess. I pray that we can do this. tended to this President and his staff, September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7595 that he will have his people present our good friend and former colleague, I think that this House is acting way during executive sessions that we have. Peter Rodino, when he said, ‘‘We were, too fast for any kind of fairness. Every- We will, under controlled cir- in effect, asked to substitute our judg- one here knows the public is going to cumstances, want to hear from him ment for the judgment of millions of get this. I urge my colleagues to vote and his submissions exactly, exactly as people who had voted overwhelmingly no. Mr. Nixon had, no less and no more. I in a previous election, and for me it Mr. Speaker, I include for the pledge that to you, in the interest of was a really horrible thought to be in RECORD the article on page 1 of today’s fundamental fairness. that position.’’ Washington Post by Susan Schmidt Mr. MOAKLEY. Mr. Speaker, I yield That was, of course, the man who was and Peter Baker. 3 minutes to the gentleman from Cali- said to be inadequate to the task of ALLEGED DECEIT IS OUTLINED fornia (Mr. FAZIO). judging President Nixon, who became a Mr. FAZIO of California. Mr. Speak- national hero as a result of the effec- (By Susan Schmidt and Peter Baker) er, I did not serve here during the Wa- tive job he did as chairman of the Judi- Independent counsel Kenneth W. Starr’s tergate era. But in the 20 years I have ciary Committee. We have got to take report to the House contends there are 11 been here, I have been greatly involved the same approach. It is a horrible possible grounds for impeachment of Presi- in ethics issues, serving on the Com- thought to be in this position. But we dent Clinton, including allegations that he have got to show objectivity, to put lied under oath, tampered with witnesses, mittee on Ethics for 8 years and lead- obstructed justice and abused power to hide ing on perhaps the most important bill partisanship and bitterness behind us, his affair with Monica S. Lewinsky, accord- of my career, the Ethics Reform Act of and not be affected by the whims of un- ing to sources informed about some of its 1989. informed public opinion. contents. I can only reflect on those years as We must make this judgment here, The report, delivered to the Capitol on an era in which partisanship increased keeping in mind that our political fate Wednesday and scheduled to be made public exponentially, the bitterness that has is not as important, individually or as today, asserts that Clinton committed per- occurred here, the take-no-prisoners parties, as the way history will judge jury during his January deposition in the mentality that has infected this place. how we take up that responsibility. Paula Jones lawsuit when he denied having Mr. MOAKLEY. Mr. Speaker, I yield sex with Lewinsky and then again during his Within the last week, two of our col- grand jury testimony last month when he ac- leagues in the majority have been 2 minutes to the gentleman from Wash- ington (Mr. MCDERMOTT). knowledged a physical relationship wile in- dragged into this, unfortunately to sisting his previous statements were ‘‘legally (Mr. MCDERMOTT asked and was their detriment; their private lives given permission to revise and extend accurate,’’ the sources said. spread before the public. his remarks and include extraneous The report, they said, recounts in some- If we are going to succeed in the task times lurid detail about a dozen sexual en- that the Founding Fathers have given material.) counters with the former White House intern Mr. MCDERMOTT. Mr. Speaker, I us, we are going to have to overcome and outlines evidence of deceit by the presi- will vote no on this, not because I do this tendency, this propensity to make dent, including lying to aides, knowing they not want it released, but because I be- partisanship our watchword here; we would then give false testimony to Starr’s lieve that the process is unfair from grand jury. The retrieval of presidential gifts are going to have to reverse this trend. the very outset. from Lewinsky to avoid a subpoena and job We have had the debate between In this morning’s paper, before the assistance provided to her by Clinton associ- openness and the rights of the individ- vote, already the report is out. Now, we ates are portrayed as elements of obstruc- ual. It is an age-old one. And we have saw 2 days ago the pomp and cir- tion of justice, according to the sources. come down on the side of openness, be- cumstance, a great truck rolled up here Invoking Watergate-era language, Starr cause I think we believe, frankly, that that came from the special prosecutor also makes the argument that Clinton abused the power of his high office, in part the process will not work any other and was handed to the leadership of way. by waging court fights to impede the grand this House. There are only two places jury investigation, actions that might not be We are not where we were with Presi- that leak could have come from, the dent Nixon 25 years ago. The Washing- criminal but could be interpreted by Con- first page of the Washington Post. I gress as impeachable offenses. ton Post, NBC, are telling us this mean, give me some other explanation. Details of the first president impeachment morning what is in this report. With Secondly, it is unbelievable that report in 24 years began to emerge yesterday all due respect to the gentleman from after 6 years of investigation, the while an edgy Washington awaited its formal Illinois (Mr. HYDE), and great respect is President of the United States cannot release. As Clinton continued his contrition due, it is not the committee we fear. be given 1 hour by the Committee on campaign by apologizing privately to Senate The information is in the public do- Rules last night to review this before it Democrats and Cabinet officers, a high-level main, and frankly, the public believes goes public. presidential delegation to Capitol Hill failed they know everything there is to know Now, we did not do that to any Mem- to gain access to Starr’s evidence before it about this already. becomes public. Congressional Democrats ber of the House in the Ethics Commit- likewise lost a bid for a 48-hour delay of its So I believe we have perhaps a more tee. Every Member saw the report be- release and Republican House leaders sched- difficult task than any Congress that fore it went public. We did not do that uled a floor vote for this morning on proce- ever proceeded us when we take up this to Mr. Nixon. dures allowing the report to be posted on the issue. In an age of all-news radio, talk My colleagues heard the gentle- Internet by the afternoon. shows, and cable news television and woman from California (Ms. LOFGREN) The White House was left in the awkward the Internet, instant review of infor- talk about what went on 24 years ago position yesterday of trying to respond to a mation is the norm. History is pro- with the President of the United report it has not examined. Unable to discuss nounced with 10 minutes’ time, not States. This day feels to me like we are its specific elements, Clinton’s personal at- even 10 years of reflection. So we, as an taking a step down the road to becom- torney, David E. Kendall, dismissed the re- port as a one-sided presentation of events. institution, have got to take up this ing a political lynch mob. We are in so ‘‘The referral by the prosecutors is simply a more difficult task in a different way. much hurry to get this done so it can collection of their contentions, claims and I urge my colleagues to go home this be in the Saturday, Sunday news cycle allegations and we look forward for the weekend, to take a deep breath, to in- and have our mint juleps at 5 o’clock, chance to rebut them,’’ Kendall told report- sulate themselves from the whims of we are going to find a rope, find a tree, ers. uninformed public opinion, to take se- and ask a bunch of questions later. It Others in the Clinton camp were left un- riously their responsibility to listen to will be too late for fairness. certain how they would fight back once it is both sides—including the President We can go back and get another rule, released. ‘‘People are just bracing for tomor- when he can get his side out—as well as a fair rule that would give the oppor- row and trying to line people up to at least tunity to the President and, secondly, hold [on] until Kendall and the others have a the prosecutor, who obviously has an chance to respond,’’ said a White House ad- ax to grind. to protect those people that even Mr. visers. There are people on both sides of the Starr says needs to be protected, for Despite White House complaints of unfair- aisle who have already made up their heaven’s sake. He did not recommend ness, Republican congressional leaders made minds, but I hope there are not many we rush out here and do this at 100 clear they would proceed with their extraor- in this case. I reflect on the words of miles an hour. dinary plan of releasing a report that they H7596 CONGRESSIONAL RECORD — HOUSE September 11, 1998 themselves will not have read before it be- then 22 and an unpaid White House intern, and even as Jones’s lawyers were seeking out comes public. became involved with the president in No- women sexually linked to the president. ‘‘The report is made to the Congress of the vember 1995 during the federal government Jordan, a prominent Washington lawyer United States and it is the responsibility of shutdown, and how the two tried to conceal who arranged job interviews in New York for the Congress in as even-handed a basis as it when the Jones lawyers sought their testi- Lewinsky at Currie’s request, is described in possible to make it available to all inter- mony. The final section outlines what Starr the report as an unwitting participant essen- ested parties . . . at the same time,’’ said contends are possible grounds for impeach- tially used by Clinton in his larger effort to House Majority Leader Richard K. Armey ment. placate Lewinsky and thereby influence her (R-Tex.). Lawyers on all sides expect the report to Jones case testimony. Although it remained under lock and key fill in gaps in the story line that has The president’s defenders have rejected in a House office building, both sides assume emerged in fragments over the last eight any illegal purpose in connection with the the report will dramatically alter the politi- months. Among other things likely to be- gifts or the jobs, saying there was no evi- cal dynamics of the eight-month Lewinsky come public, according to sources, are a dence of a direct link to Lewinsky’s testi- saga. Until now, Clinton has survived politi- hard-edged exchange between prosecutors mony and accusing Starr of twisting inno- cally, aided by a strong economy and resil- and Clinton during his grand jury appear- cent actions involving two people who were ient poll numbers, but the White House fears ance as they debated the meaning of sex and close. that unseemly revelations about the presi- the heretofore largely unknown details of Perhaps the most controversial aspect of dent’s sex life could prove especially damag- testimony by key witness Betty Currie, the the report, however, may be Starr’s claim ing. president’s personal secretary, as the inves- that Clinton abused his office. The argument Partial descriptions emerging yesterday tigation wore on. harkens back to the articles of impeachment indicated that the report will include graph- The perjury allegations stem from Clin- drafted against President Richard M. Nixon, ic accounts of Clinton’s sexual activities ton’s description of his relationship with who was accused of misusing his power to with Lewinsky, detailing about a dozen en- Lewinsky when interviewed under oath on cover up the Watergate burglary, among counters in the private study off the Oval Of- Jan 17. Clinton denied having an affair with other things. fice as well as instances when they engaged her, denied having ‘‘sexual relations’’ with Under this interpretation, Clinton ex- in explicit telephone sex. her as defined by Jones’s lawyers and main- ploited the authority and resources of the On one occasion, according to sources tained he did not recall ever being alone with White House by asserting what Starr consid- Lewinsky told prosecutors that she and Clin- her anywhere in the White House. ered frivolous claims of legal privilege to ton used a cigar as a prop in a sex act. In an- During the same session, he also allowed prevent his aides from appearing before the other episode likely to capture attention on his lawyer, Robert S. Bennett, to introduce grand jury and by allowing the Secret Serv- Capitol Hill, sources said Lewinsky asserted Lewinsky’s own Jan. 7 sworn affidavit deny- ice to mount its own doomed court fight to that she participated in a sex act with Clin- ing a sexual relationship and Clinton did not keep its officers from testifying. ton while he was on the telephone talking correct Bennett when he told Judge Wright But Clinton advisers have ridiculed the with a member of Congress. that the statement made clear ‘‘there is ab- contention, saying Starr essentially is try- While the sexual aspects seem likely to be solutely no sex of any kind, in any manner, ing to criminalize the president’s attempts the most sensational parts of the impeach- shape or form, with President Clinton.’’ to assert his rights in the course of an inves- ment report, they are intended to rebut Clin- Sevent months later to the day—after tigation. While the administration lost bat- ton’s argument that he did not consider Lewinsky recanted and more than 75 other tles over attorney-client and executive privi- their activities to be ‘‘sexual relations’’ as witnesses appeared before the grand jury— leges, Judge Johnson determined that they defined by Jones’s lawyers during their depo- Clinton sat down with Starr and other pros- were properly asserted even though prosecu- sition. ecutors in the White House and changed his tors’ need for evidence overcame the need for But seemingly wary of having his inves- story. During this Aug. 17 session transmit- confidentiality. tigation be seen strictly as a sex case, Starr ted live to the grand jury at the courthouse, emphasized the larger issues of alleged Clinton acknowledged having a physical re- Mr. SOLOMON. Mr. Speaker, I yield criminal behavior and abuse of power, ac- lationship with Lewinsky but said he did not myself such time as I may consume. cording to the sources. By stressing the use believe the definition of ‘‘sexual relations’’ Mr. HYDE. Mr. Speaker, will the gen- of the office of president, Starr appears to be included their activities, arguing that oral tleman yield? trying to counter Clinton defenders who sex was not covered. Mr. SOLOMON. I yield to the gen- argue that the whole investigation arose out After that session and his subsequent tele- tleman from Illinois. of private behavior in a private lawsuit that vised statement that his previous testimony was eventually thrown out and had nothing was ‘‘legally accurate’’ if not fully forthcom- Mr. HYDE. Mr. Speaker, I thank the to do with his conduct of the nation’s busi- ing, an upset Lewinsky met for two hours gentleman for yielding. I will be very ness. privately with Starr’s prosecutors and gave brief. Even as Starr was sending the report to them a deposition describing in detail their There are two concepts that are at Congress on Wednesday, he also notified U.S. various sexual activities, including intimate play here: fundamental fairness and District Judge Norma Holloway Johnson, fondling that would be covered by the Jones public relations. Fundamental fairness who is overseeing the grand jury investigat- definition. means they get an opportunity to an- The obstruction-of-justice allegations arise ing the Lewinsky matter, and U.S. District swer the charges, they get a decent full Judge Susan Webber Wright, the Little Rock in part from Currie’s retrieval of gifts from judge who presided over the Jones sexual Lewinsky that had been subpoenaed on the opportunity to answer the charges. harassment case and ultimately dismissed Jones case and from job help provided by Public relations means they get a jump the lawsuit. Wright said in a footnote to a Currie, Clinton confidant Vernon E. Jordan on the other side and they get the spin ruling last week that she is considering Jr. and other presidential associates. machine going. whether the president should be held in con- A source familiar with Lewinsky’s testi- They want a public relations advan- tempt for his misleading testimony in the mony said yesterday that Clinton gave her a tage, and we are promising them fun- Jones case. total of 20 gifts, most of them relatively damental fairness. The President and All told, Starr delivered two 18-box sets of modest items such as a T-shirt and a book of evidence to the House, including raw grand poetry. Concerned about the subpoena, his people will have every opportunity jury transcripts, Linda R. Tripp’s secret Lewinsky testified that she discussed it with to answer every charge, if there are tapes of conversations with Lewinsky and Clinton and that Currie shortly afterward any charges that require answering, in Lewinsky’s Feb. 1 proffer describing what called her and came by her Watergate apart- abundance. That is fundamental fair- her testimony would be if given immunity ment to pick up the gifts, a sequence of ness. from prosecution, a deal that was not ar- events suggesting the president may have in- We are unwilling to give them a pub- ranged until six months later. structed his secretary to get them. But Clin- lic relations advantage any greater Under the plan approved by the House ton denied doing so and Currie told the grand than the one they have had for the past Rules Committee last night, only the main jury that she believed Lewinsky called her report would be made public today, while the about the gifts. many months, when Mr. Starr could rest is reviewed by the Judiciary Committee A few new details emerged about Clinton’s not talk, whereas everyone identifying between now and Sept. 28 to determine what role in Lewinsky’s search for a new job be- themselves with the White House could is appropriate for release and what should re- ginning last summer. Clinton tried directly talk in abundance. main secret. to find work for Lewinsky in summer 1997, Mr. SOLOMON. Mr. Speaker, re- The main report to be posted on four con- asking aide Marsha Scott to find a way to claiming my time, I would just like to gressional Web sites today begins with an in- move her back from the Pentagon to the point out again in my testimony that I troduction that explains the relevance of White House, long before she was subpoenaed Clinton’s actions to the Jones lawsuit and in the Jones case. But Starr presents that in said that when this communication ar- the seriousness of the allegations. It then the context of the Jones suit anyway, given rived at the Capitol the Speaker imme- moves on to a narrative describing the his- that it occurred after the Supreme Court diately directed the material to be se- tory of the affair that began as Lewinsky, permitted the case to go forward in May 1997 cured by the Sergeant at Arms and no September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7597 Member or staff has seen any part of We have now failed to provide one of when he says this is the most partisan this. the parties with notice as to what was Congress ever to convene, I would have I do not think it behooves any Mem- going to proceed. I tell my friend from to differ with him. It may be the most ber to come to the floor, come to the Illinois, whose intellect and integrity I philosophical. But when you look at well, and accuse someone of leaking in- have no question of, that if we are in the great accomplishments of the Con- formation. He knows, we all know, that fact acting as a grand jury, we would tract with America, the welfare re- it is hearsay and that no one has seen not release information, as no grand form, those measures passed this House one word, one page, of any of these doc- jury does. We in fact would review that with an overwhelmingly majority vote uments. information, consider its import, and from both political parties. Thank you Mr. Speaker, I reserve the balance of then, and only then, report our find- for being so nonpartisan when it really my time. ings. counts. Mr. MOAKLEY. Mr. Speaker, I yield That is not to be the case, for we will Mr. Speaker, I yield 21⁄2 minutes to 1 minute to the gentleman from Michi- release this document. Many believe the gentleman from California (Mr. gan (Mr. CONYERS), the ranking mem- that we ought to release it so at least THOMAS), the chairman of the Commit- ber of the Committee on the Judiciary. it is seen in whole, not in part, through tee on House Oversight, to clarify how Mr. CONYERS. Mr. Speaker, could I leaks, which surely would happen. we are going to be open and fair today. say to the gentleman from Illinois (Mr. Mr. Speaker, you have called for non- (Mr. THOMAS asked and was given HYDE), whom I plan to work as closely partisanship, but all of us know that permission to revise and extend his re- with for the next several months as I this surely is one of the most partisan marks and include extraneous mate- can, more closely than we have worked Congresses in history. We need more, rial.) throughout our careers, you have stat- my friends, than rhetorical recognition Mr. THOMAS. Mr. Speaker, notwith- ed twice, sir, that the President of the of fairness. We must have substantive standing the innuendo, I believe it is United States already knows what is in adherence and the realization of fair- completely factual to say that no the report. I reject that. And I am try- ness. Let us do our responsibility, as Member of the House of Representa- ing not to resent it. Because, if he does, the citizens expect us to do that re- tives has seen the documents. As a he has violated the law in that respect. sponsibility. matter of fact, we are not going to You have also said that fundamental Mr. Speaker, the distinguished gentleman open them until the House votes on fairness should be distinguished from from Illinois rose and said correctly that each this resolution. public relations spin. Well, we were not of us in this body took a solemn oath to de- My assumption, having heard the mi- spinning anything when the ethics rule fend the Constitution of the United States. A nority leader and others speak, is that got a week for the Speaker of the part of that Constitution gives us the awesome the resolution will pass. When the reso- House to respond. We were not spin- responsibility of judging the conduct of public lution passes, the box that contains the ning anything on the committee that I officers and holding them accountable it if they overview will be opened. The two origi- recall you being a member of, when do not meet their constitutional responsibilities nal copies will then be copied, and President Reagan got ample time to re- in carrying out their duties of office. those two original copies will be pre- spond. From this day forward, this proceeding will sented to the chairman of the Commit- So I do not think we should confuse depend upon that responsibility. However, to- tee on the Judiciary and the ranking fundamental fairness and public rela- day's proceedings do not relate to the Presi- member of the Committee on the Judi- tions spin when this President is re- dent of the United States, rather, they relate to ciary. They will be first to receive the questing the very same thing. the fairness that this House is going to accord copies. Mr. MOAKLEY. Mr. Speaker, I yield in the execution of its responsibilities. Only after they have received the 3 minutes to the gentleman from Mary- Our citizens expect fairness. America's con- copies will it then become available, land (Mr. HOYER). stitutional system is almost unique in its ad- when it is electronically possible, on herence to due process, as it grants citizens b 1030 the web sites listed here. It is the their right to be heard. We should do no less House web site, the Library of Congress Mr. HOYER. Mr. Speaker, the distin- for those whose conduct we have the respon- web site, the Government Printing Of- guished gentleman from Illinois rose sibility to oversee. and said correctly that each of us in Unfortunately, this week is not a harbinger fice web site and the Committee on the this body took a solemn oath to defend of fairness to come. Surprisingly for some, Judiciary through the House web site. In addition to that, I would urge my the Constitution of the United States. theatrically for most, a report was delivered to colleagues to look for a ‘‘Dear Col- A part of that Constitution gives us the this House. It's unique arrival created more of league’’ provided to them by the Clerk awesome responsibility of judging the a circus atmosphere then one of judicious of the House, which provides an conduct of public officers and holding consideration. them accountable if they do not meet We have already failed to inform one of the intranet capability for Members of their constitutional responsibilities in parties involved in this matter with proper no- Congress. carrying out their duties of office. tice as to what is yet to come. I tell my friend Mr. Speaker, let me also say that a This proceeding, as we go forth from from Illinois, whose intellect and integrity I do request for an electronic version of the this day, will be about that responsibil- not question, that we were in fact to act as a report was requested yesterday in a ity. But today’s proceedings are not grand jury, then we would not release informa- letter signed by the general counsel to about the President of the United tion. No grand jury does. We would, in fact, the Office of the Speaker and the coun- States, but about the fairness that this review the information, consider its import, and sel of the Democratic Leader, and I in- House is going to accord in the carry- then, and only then, report our findings. clude this letter for the record. ing out of its responsibilities. That will not be the case here. We will re- The letter referred to is as follows: Our citizens expect fairness. Ameri- lease this report. Many believe we ought to re- CONGRESS OF THE UNITED STATES, ca’s constitutional system is almost lease it so at least it is seen in whole, not in Washington, DC, September 10, 1998. Mr. Robert J. Bittman unique in its adherence to due process, part as a result of leaks, which surely would to giving citizens their right to be Deputy Independent Counsel, Washington, DC. happen. DEAR MR. BITTMAN: As you know, the Inde- heard. We should do no less for those Mr. Speaker, you have called for non-par- pendent Counsel transmitted material to the whose conduct we have the responsibil- tisanship. Yet all of us know that this surely is House of Representatives on September 9, ity to oversee. one of the most partisan Congresses in his- 1998, pursuant to section 595(c) of title 28, This week, I tell my friends, is not a tory. We need more than rhetorical recognition United States Code, involving a determina- harbinger of fairness to come. Without of fairness. We must have the substantive re- tion in accordance with his responsibilities notice, quickly, and to some, surpris- alization of fairness. Let us execute our re- under chapter 40 of title 28, United States Code. ingly, with unique timing, theatrically, sponsibility as the American citizens expect obviously designed for television expo- We anticipate that the House will consider and as we are solemnly pledged to do. a resolution authorizing the printing and sure, a report was delivered to this Mr. SOLOMON. Mr. Speaker, I yield public dissemination of the portion of such House, creating, I suggest to you, more myself such time as I may consume. material consisting of approximately 445 of a circus atmosphere than a judicial, Mr. Speaker, I always listen carefully pages comprising an introduction, a nar- considered atmosphere. to the gentleman from Maryland, and rative, and a statement of grounds. In order H7598 CONGRESSIONAL RECORD — HOUSE September 11, 1998 to facilitate the expeditious, electronic dis- question is what would our Founding who has done a good job for its people, semination of such material, we hereby re- Fathers think of this course we are em- and not allow him to view the report, quest on behalf of the Speaker and Minority barking on today? I think they would as we release the report on the Inter- Leader that copies of such material be pro- vided to the Clerk of the House in a suitable say it was not for the investigation of net? The rule does not allow that he, electronic format (i.e., computer diskette, a President’s personal life that we the President of these United States, CD–ROM, etc.). risked our lives, our liberty and our sa- would see that report. And I beg to dif- We further request that such electronic cred honor. I know they would not fer with the Chair of the Committee on copies be made available to the Clerk within want us to rush to judgment. Rules, the White House has not seen the timeframe necessary to facilitate elec- Mr. SOLOMON. Mr. Speaker, I yield this report. They have asked us to give tronic dissemination by the Clerk imme- myself such time as I may consume. them the opportunity, merely 24 hours, diately after the House approves the antici- Mr. Speaker, I would just answer the pated resolution. 48 hours, that they can see it, and, yes, Sincerely, last question of my good friend the release it to all the American people. gentlewoman from California (Ms. DANIEL F.C. CROWLEY, Mr. Speaker, I think it is a shame. PELOSI) in saying there are only two General Counsel, Of- We have done it before. We, the Mem- fice of the Speaker. bodies who have any idea what is in bers of this Congress, have ten days if BERNARD RAIMO, that report. One is the Independent we are charged before the public is re- Counsel, Office of the Counsel’s office, and the other is the leased or the chamber is released the Democratic Leader. White House. If there are leaks, I would findings. I think it is despicable. We I would also like to indicate that assume it was one of those. must not relegate our responsibility when the President’s rebuttal through Mr. MOAKLEY. Mr. Speaker, I yield and our duty. Let us preserve the Con- his private attorney or any other 30 seconds to the gentlewoman from stitution. Let us vote down this rule. transmittal is made to the Committee California (Ms. PELOSI). on House Oversight, we will, as soon as Ms. PELOSI. Mr. Speaker, is the gen- Mr. MOAKLEY. Mr. Speaker, I yield possible, and if it is given to us in elec- tleman contending that the details three minutes to the gentleman from tronic form, virtually immediately that the news media is putting out Wisconsin (Mr. OBEY). post on all of these web sites on the there about the Starr allegations, and I Mr. OBEY. Mr. Speaker, I am pro- same page the President’s rebuttal. remind the gentleman that the Starr Not only will it be fundamental fair- foundly disappointed that this process report is a list of allegations, it is not will begin with a blatant disregard of ness, but it will be an ability for those a statement of fact, and they will be who wish to access this site to take a fairness and bipartisanship. The infor- unanalyzed, no witnesses cross-exam- mation in this report has to be made look at the Independent Counsel’s re- ined and the rest, is the Chairman of port and then, when the President or public, and that is why I will vote for the Committee on Rules alleging that this resolution, but it violates fun- his attorney’s report is made available the White House is leaking the infor- to us in electronic form, it will be damental fairness in two respects: mation that is in the Starr report, First of all, in the refusal on the part made available as well. which the Speaker has not allowed the I hope Members will appreciate and of the majority to give the President President any advance viewing of? in fact all Americans appreciate that even one hour of prior notice so that Mr. SOLOMON. Mr. Speaker, will the this will be the most widely dissemi- they can intelligently respond. gentlewoman yield? nated, most rapidly available public Ms. PELOSI. I yield to the gentleman Mr. Speaker, as has been pointed out document in the history of the United from New York. on numerous occasions, you yourself States. Mr. SOLOMON. Mr. Speaker, I am were given five days to respond when Mr. MOAKLEY. Mr. Speaker, I yield saying it is impossible for any Member your matter was before the House. Why 11⁄2 minutes to the gentlewoman from of Congress to have any idea what is in is this President not entitled to the California (Ms. PELOSI). that report. same act of grace and fairness that you Ms. PELOSI. Mr. Speaker, I thank were provided with? the gentleman for yielding me time. Mr. MOAKLEY. Mr. Speaker, I yield Mr. Speaker, for seven of the eleven two minutes to the gentlewoman from Secondly, this motion walks away years that I have served in Congress, I Michigan, Ms. KILPATRICK. from the agreement reached between have served on the Committee on (Ms. KILPATRICK asked and was the leaders of both parties that the Standards of Official Conduct or the given permission to revise and extend backup material would be reviewed by ethics task force. It is from that per- her remarks.) the gentleman from Illinois (Chairman spective that I have several questions Ms. KILPATRICK. Mr. Speaker, I HYDE) and the ranking Democrat be- to ask. rise today to preserve the sanctity of fore it was released in order to protect If indeed what we are talking about this institution, to preserve the sanc- third parties, as has been noted by Mr. here today is the process under which tity of the Constitution, and for the Starr. This proposal walks away from the Starr report will be released, why rights of all American people, yes, in- that agreement and makes that infor- then have the airwaves been filled with cluding the President of the United mation available to the entire member- details of the Starr report for the last States. ship of the committee. That increases 36 hours? It has supposedly been under The resolution before us is unfair. the likelihood of selective partisan lock and key here. One can only as- Unfortunately, we give time for all leaks by some of the most zealously sume the leaks are coming from the criminals, and the President is not a partisan members of that committee. Independent Counsel’s office. criminal, has not been convicted, he Mr. Speaker, I was here during Wa- My second question is to you, Mr. has committed his error and I do not tergate. I hated it, because it bittered Speaker. Why would you not afford the condone it. He was wrong. It is for this President of the United States the body, those 435 of us elected by the peo- up the politics of the entire country, same opportunity you were given by ple of these United States, to deter- not just toward Republicans, but to- the Committee on Standards of Official mine whether we shall preserve the ward all politicians, and we are still Conduct of having almost a week’s ad- Constitution and the rights of all of its suffering from that. But the reason in vance notice to review the charges people. the end that the Congressional process against you, so that you could have It has been mentioned that we are worked is because it was seen by the your response be part of the report? now sitting as a grand jury, and, as my minority, then the Republicans, as Let me just say, the good news about friend from Maryland said, no grand being fundamentally fair to them pro- the leaks is that this four-year inves- jury would leak any information pub- cedurally and substantively, and that tigation apparently vindicates Presi- licly on any case, and we know that as is why many of the Republicans joined dent Clinton in the conduct of his pub- we have watched our government work, in the final verdict in that process. lic life, because we are only left with and it has been a good government. This action does not meet that stand- this personal stuff. Why do we now sacrifice our govern- ard. My third question relates to our ment, when our President of these I urge the majority not to begin this Founding Fathers. I believe the last United States, elected by his people, process by taking unilateral actions September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7599 before it begins. Our respect for our re- think, as envisioned by our Founding one-sided. It is partisan. The Repub- sponsibility, our reverence for this in- Fathers. lican chair of that committee, the stitution, should have produced a fun- Government in the sunshine does Speaker of the House, and other Repub- damentally more fair beginning than work, as those of us who hold elective licans are saying, oh, we want to be bi- this. office in the State of Florida know, partisan, we want a bipartisan oper- Mr. SOLOMON. Mr. Speaker, I yield where we do have the ‘‘sunshine law.’’ ation, we want to cooperate with the myself such time as I may consume. Americans across the Nation are, in Democrats. Mr. Speaker, early on you and myself fact, calling for information about this In the words of my grandmother, ‘‘I and the gentleman from Illinois (Mr. matter, and this resolution will provide cannot hear what you say. I am watch- HYDE), and especially the minority that information, I think, in an appro- ing what you do.’’ leader, had spoken about trying to priate way. You rolled over us yesterday, and stick to the decorum of the House. We Some comment has been made about you are rolling over us today. We say all know it is not under House Rule the process in the Ethics Committee. without qualification, the President of XIV proper to discuss the ethics con- As a former member and as a chairman the United States of America deserves duct of Members. I would hope that of the task force of that committee, I the right to review, prior to its release, that would not continue. would point out that the rules of the a copy of the report written by the Ethics Committee do not necessarily Mr. Speaker, I yield three minutes to independent counsel, who has spent 41⁄2 the gentleman from Florida (Mr. fit the situation at hand. It says, in years investigating the President, and GOSS), a former member of the Com- fact, that if there is going to be a re- the last 8 months devoted to the mittee on Standards of Official Con- port issued on a Member, the respond- Monica Lewinsky matter. duct and a member of the Committee ent has admitted to the charges and Our position is not one of unques- on Rules. waives rights for trial proceedings, you tioned support for this President. We (Mr. GOSS asked and was given per- have a very different circumstance have, and I have, disagreed with him on mission to revise and extend his re- than the type of report material we many occasions. In a court of law, it is marks.) find we have from the independent a basic right for a defendant to know counsel today. what they have been accused of and to b 1045 We also point out that a respondent be given the opportunity for prepara- has a right to see a draft 10 days before Mr. GOSS. Mr. Speaker, I thank my tion and response. friend, the gentleman from New York a subcommittee is to vote, but not 10 To release this report is unconscion- (Mr. SOLOMON) and the distinguished days before being made public. Those able. Do what you did for the Speaker, chairman, for yielding. are very important differences, and I for President Nixon and Oliver North. Mr. Speaker, as we see from the re- think they have been somewhat mis- Give the President 1 hour, 2 minutes, 1 understood in the presentations. marks today, nobody is particularly minute, but be fair. As for the gentleman from Washing- happy to find themselves here under Mr. SOLOMON. Mr. Speaker, I yield ton (Mr. MCDERMOTT), I agree totally these circumstances, but we are taking myself such time as I may consume to with him. Leaks do frustrate the proc- our job seriously and doing our con- say a couple of words about fairness ess, as the gentleman from Washington stitutional duty. and cooperation. very well knows, and I seriously hope Today, we are not going to make a It is without question, from the calls that there are no leaks; and I seriously judgment on the merits of the inde- that we have all had, in the commu- hope, if there are any leaks, that this pendent counsel’s report. Everybody nications with each other, that a small time the Ethics Committee can do its needs to understand that. We all do minority of Members would like to here. Instead, we are charged with pro- job fairly to deal with such leaks. Mr. MOAKLEY. Mr. Speaker, I yield withhold all of the information. Like- viding a procedure for release of that 2 minutes to the gentlewoman from wise, it is true that a very small mi- report that is workable, that is fair, California (Ms. WATERS). nority of this body would like to make and most importantly, that fulfills our Ms. WATERS. Mr. Speaker, I rise all of the information available. But we obligation to the people we work for, today in opposition to the proposed will see, by the final vote on this reso- the people of the United States of rule we are considering. I am here as lution, fairness today, in that an over- America, our constituents. chair of the Congressional Black Cau- whelming, vast majority believes that This resolution contains the req- cus, a member of the Committee on the we should follow through with the res- uisite flexibility to achieve these goals, Judiciary, and a member of a coalition olution; we should make immediate I think, while also providing the Amer- of Members of the House concerned publication of the 445 pages, and then ican people with the same information, about fairness in this process. use the good wisdom of the Committee and at the same time, as Members of As policymakers, we find ourselves in on the Judiciary to go through the re- Congress and the President. This is the difficult position of having to for- mainder. I think that speaks to co- truly equal treatment. No one is above mulate rules and procedures to receive operation and fairness. the law. a report from the Office of the Inde- Mr. Speaker, I yield 31⁄2 minutes to I do want to stress that this comes pendent Counsel without statutory the gentleman from Wisconsin (Mr. after much thoughtful deliberation, laws or rules that dictate procedure for SENSENBRENNER). with no rush to judgment here. My carrying out this special work. It is up (Mr. SENSENBRENNER asked and friend, the gentleman from Florida to the Members of this House to con- was given permission to revise and ex- (Mr. DEUTSCH), who sits on the other struct and implement a fair process. tend his remarks.) side of the aisle from me, and many The Congressional Black Caucus has Mr. SENSENBRENNER. Mr. Speak- other Members on both sides of the made the decision to become the fair- er, let us talk about fairness to the aisle, would have liked us to make ev- ness cop. We have assigned to ourselves American taxpayer that paid for the erything available and requested to the role of being the best advocates we independent counsel’s investigation. make it available immediately, includ- can for ensuring that this process rec- The American public, to be fair to ing the sensitive grand jury material. ognizes the rights of everyone involved, them, ought to be able to see what the Well, we did not do that on the Com- as we go through the process. independent counsel has sent to Con- mittee on Rules. I would say to the gentleman from Il- gress, pursuant to the independent Still, other Members wanted nothing linois (Mr. HYDE), Americans want fair- counsel statute, free from spin doctors, released. Well, we did not do that, ei- ness, fundamental fairness. Members of free from talking heads, free from ther. I believe it is important that we the Congressional Black Caucus under- media hype. Let them see it in the err on the side of providing the Amer- stand this perhaps better than most. form that it was sent by the independ- ican people with more rather than less, Our struggle for fairness, justice and ent counsel. I would point out that no- empowering them to reach their own equality, is a responsibility that we body is going to have a 1-minute ad- conclusions as this goes along. In doing have accepted for the rest of our lives. vantage and a heads-up on this, be- so, we truly reflect the best strengths This resolution reported out of the cause this will be released simulta- of our representative democracy, I Committee on Rules is not fair. It is neously to the American public, to the H7600 CONGRESSIONAL RECORD — HOUSE September 11, 1998 Congress, and to the President of the around the world will be reading the trucks coming onto these grounds, United States. Starr report, and it will be persuasive, without the opportunity of the re- Now, the 35 of us who are members of for any prosecutor has the ability to spondent, which could be any American the Committee on the Judiciary have shape the evidence presented to a in this Nation, to review such mate- an awesome constitutional responsibil- grand jury. We can claim that these rials to provide a simultaneous re- ity in discharging our duties and evalu- are only allegations, that nothing has sponse, is a political act, it is not jus- ating this evidence to see whether or been proven, but the reality is by to- tice. not the President has committed an night, minds will be made up and judg- For any of our Members to suggest impeachable offense or not. I am not ments will be rendered, and any pre- that the President already knows what asking for a leg-up to start working on sumption of innocence will be over- a prosecutor, Ken Starr, has done for 4 this awesome responsibility. I am ask- whelmed. years with $40 million in a document ing for fairness. I agree that the report should be re- that includes 140 pages of charges, is at I am asking for an ability to be able leased. That is not the issue. The ques- best being political. The Constitution to reach my own conclusions, free from tion is when and how. was not written on the Internet, and the advice of people on the outside who After so many months, what possible this process should not be governed by have got axes to grind, and that is why harm could come from allowing coun- the needs of those who travel the I think that this resolution is fun- sel for the President to review the re- cyberspace, it should be governed by damentally fair, because it strikes a port for a day or 2 so that both sides of fundamental fairness. balance between the openness that the the story can be told at the same time? In fact, in this House the Speaker American public expects this proceed- It is only fair. himself, who presides today, was given ing to be done, as well as the request This House went even further to en- at least 10 days to look at the allega- that Independent Counsel Starr has sure fairness 24 years ago. During 7 tions and charges against him. I ask made to protect certain individuals weeks of closed-door hearings, Presi- the Speaker, can we be any less fair? from undue conclusions, who are not dent Nixon’s lawyers were even allowed Do we not remember what happened to involved in this process at all. to cross-examine witnesses before any- the innocent Richard Jewell in the At- This report contains the most impor- thing was made public. We should re- lanta bombings? This is what could tant information concerning a Presi- spect that precedent, and it is unfortu- happen if we do not allow the President dent that the American people will nate that we have not, for if the Amer- to review as any American the charges ever have to consider, and the Amer- ican people are to accept our ultimate brought against him and, as well, to ican people ought to be put it into this conclusion, they must have confidence keep the many many other documents equation so that they can see what the in the fairness of the process. That con- unexposed until the evidentiary hear- independent counsel has found and fidence, far more than the fate of a ings are completed. they can judge for themselves. It is im- President, is what is at stake here. This process, Mr. Speaker, is one perative that the Congress conduct the Mr. SOLOMON. Mr. Speaker, I yield that will not preserve what the Amer- public’s business in as open a manner such time as he may consume to the ican people have created; that is, a per- as possible. gentleman from Indiana (Mr. BUYER). fect union with justice. This process The process laid out by the Commit- (Mr. BUYER asked and was given could expose and hurt innocent people. tee on Rules is eminently fair. Con- permission to revise and extend his re- This process will not preserve this Na- gress, the citizens of this country, and marks.) tion, this Constitution, or the people. President Clinton will begin their re- Mr. BUYER. Mr. Speaker, I rise to We need fairness, Mr. Speaker. Let us view process of Independent Counsel state that obedience to criminal law begin today. Starr’s report at the same time. With and fairness does not recognize special Thank you, Mr. Speaker. Here we are. Alex- the public dissemination of this mate- treatment as being requested. ander Hamilton probably knew that someday rial, the American people and Members Mr. MOAKLEY. Mr. Speaker, I yield we would be here at this point. of Congress can come to their individ- 2 minutes and 10 seconds to the gentle- He said in the Federalist Papers that, the ual conclusions regarding Mr. Starr’s woman from Texas (Ms. JACKSON-LEE). biggest fear in undergoing an impeachment report. Ms. JACKSON-LEE of Texas. Mr. proceeding would be that the ``comparative dif- The resolution charges the Commit- Speaker, I thank the gentleman from ferences of the party would override the real tee on the Judiciary with the awesome Massachusetts for yielding me this ideals of innocence and guilt.'' responsibility of reviewing the full re- time. It is important to acknowledge the sobering ferral by Mr. Starr to determine if Into this House come ordinary men and somber tasks we are about to undertake. there are sufficient grounds to rec- and women, and we are often asked to Alexander Bickel wrote in 1973, ``In the presi- ommend to the House that an impeach- do extraordinary things. We are also dency is embodied the continuity and inde- ment inquiry be commenced. We are asked to put aside politics and the de- structibility of the State. It is not possible for committed to conducting an impartial sire for self-indulgence. I hope over the government to function without a presi- and independent review of the inde- these weeks we will refer more often to dent, and the Constitution contemplates and pendent counsel’s investigation and his our Bibles and the Constitution, the provides for uninterrupted continuity in office.'' conclusions, and will reach our own Bibles for redemption and fairness and Fundamental fairness then is pivotal in any conclusions based upon that review, the Constitution for the understanding constitutional process seeking to remove the and it will be done in a nonpartisan of freedom and justice. president. manner. For the opening of the Constitution During this time many issues will have to be After evaluating Mr. Starr’s evi- said, ‘‘We, the people of the United resolved. One of them is whether or not the dence, the Committee on the Judiciary States, in order to form a more perfect President should be allowed to formulate a re- has two choices. Either it will find that union, establish justice, ensure domes- sponse over the next 48 hours before the there is no substantial evidence of im- tic tranquility, provide for the common Starr report is released to the public. The an- peachable activity by the President or defense, promote the general welfare, swer of course should be yes. Unfortunately, it will recommend commencing a for- and secure the blessings of liberty.’’ the rules Committee decided not to allow the mal impeachment inquiry. This will be President to review the report before it was re- b 1100 done not on a partisan basis, but on the leased to the American public. When the evidence and on the law. No, the President is not above the Founding Fathers wrote the Constitution, there I support the resolution. law, the institution of the presidency is was no Internet, no Information Superhighway. Mr. MOAKLEY. Mr. Speaker, I yield not above the law, but neither is either Even though Mr. Speaker the Congress is a 2 minutes to the gentleman from Mas- below the law. There is a presumption political body, this process should not and can sachusetts (Mr. DELAHUNT), a former of innocence until proven guilty for all not be politicized. district attorney for 21 years in the of us. The independent counsel's report while I am Commonwealth of Massachusetts. This House, during this somber proc- sure is presented with a high respect for the Mr. DELAHUNT. Mr. Speaker, by 3 ess, must not be driven by politics. The seriousness of this issue, it is still only one o’clock today, millions of people delivery of 445 pages by the drama of side of the story. The American public should September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7601 have both sides of the story at once. Other- the divinity itself, and can never be erased or This process is controlled by the wise, the media will only have Starr's version obscured by mortal power. leadership of this House. It is impor- to discuss for the next several days. This process needs to be fair, it is a somber tant that the outcome, which could be The Watergate impeachment inquiry fol- task. I fear political glee over one man's pend- a grave and heavy outcome, be seen as lowed the same precedent. The Judiciary ing doom drives this House now to vote to completely and entirely fair and objec- Committee received evidence in closed-door deny the basic constitutional protections to the tive by the people of this country. This hearings for seven weeks with the President's accused in a timely manner, in order that an process is being begun in a way that lawyer in the same room. This evidence in- informed response to the charges be made. I belies all of that. It is wrong. It is un- cluded the material reported by the Watergate fear pre-judgment of the issues because this fair. There is a pretense to fairness, grand jury. The materials received by the House fears for its survival. I however will not merely the suits and trappings of fair- Committee were not released to the public give up on fundamental fairness. ness and objectivity, but not the real until the conclusion of the seven-week evi- Mr. SOLOMON. Mr. Speaker, I yield meat of fairness and objectivity. dentiary presentation. By then, the White myself such time as I may consume. I am convinced that we are embark- House had full knowledge of the material Mr. Speaker, time is so precious, I ing on this process in the wrong way. being considered by the Committee. Also in would just hope that the timekeeper This resolution is wrong, and therefore, Watergate, subpoenas were issued jointly by would charge us for the time we are on I must vote in accordance with that the chairman and ranking member, and if ei- our feet. conviction. ther declined to act, by the other acting alone, Mr. Speaker, I yield 2 minutes to the Mr. MOAKLEY. Mr. Speaker, I yield he could refer the matter to the full committee distinguished gentleman from Florida 1 minute to the gentleman from Texas for a vote. Most importantly, it was required (Mr. DIAZ-BALART), a member of the (Mr. HINOJOSA). that the President's lawyer be provided with Committee on Rules. Mr. HINOJOSA. Mr. Speaker, I be- copies of all materials presented to the com- Mr. DIAZ-BALART. Mr. Speaker, the lieve it was Charles Dickens who, in his mittee, invited to attend presentations of evi- founders of this extraordinary con- novel, A Tale of Two Cities, said, ‘‘It dence, and to submit additional suggestions stitutional republic created a system of was the best of times, it was the worst for witnesses to be interviewed or materials to government that is as resilient as it is of times.’’ That is a fairly accurate as- be reviewed, and to respond to evidentiary intent upon being protective of the sessment of where we are right now presentations. The rules further provided that freedoms of the American people. I here in this Chamber. the President and his counsel ``shall be invited think we in this moment in history are Yes, I took the oath of office to de- to attend all hearings, including any held in ex- seeing another manifestation of that fend our Constitution, and I will defend ecutive session.'' Twenty-four hours advance resiliency and of that fundamental the rule of law and not the rule of man, notice was required, and both the Chairman greatness of the system that was cre- which leads to tyranny. Later today we and the Ranking Minority Member were grant- ated by our Founding Fathers. will be voting on the referral and re- ed access ``at all times'' to committee mate- I have to respectfully but emphati- lease of the Starr report. As we pro- rials. cally reject the accusation that we ceed, I think all of us who are here will I don't think the House should have denied have heard this morning of unfairness keep in mind how important it is to re- President Clinton the same right our members that has been hurled at the Committee main objective, and above all, fair. receive when charges are filed against them on Rules. The Committee on Rules has The decisions we will make will have by the House Ethics Committee. For example, bent over backwards in satisfaction of a far-reaching and long-lasting impact Speaker GINGRICH was permitted to review the the guidance that the Speaker and the on our country and on every American, charges filed by the Committee before it minority leader and the distinguished young and old. issued its public report. The President should member of the Committee on the Judi- Yes, let us release the report, but let be afforded the same right. ciary and the ranking member gave us us give our President the 2 days that he Also, the Ethics rules require that the sub- to be precisely fair. may be able to respond as requested. ject of any investigation to alleged violations How ironic it is that it was from the Let us be fair. There is nobody in this will have ``not less than 10 calendar days be- other side of the aisle that the most Chamber whom I believe can tell me fore a scheduled vote'' to review the alleged emphatic and passionate requests were that our President is not 100 percent violations. A copy of ``the statement of alleged made to us last night to instanta- committed to doing the best job he can violations, together with all evidence, is also neously make public everything in for our Nation. His record on the job as provided to the subject of any House Ethics those many boxes that have been re- President has proven that. violations.'' The President should not receive ceived and are under lock and key at Mr. SOLOMON. Mr. Speaker, I am any less due process than any Member of this moment, and thus could not have glad to yield 2 minutes to the gen- Congress. been leaked and have not been leaked tleman from North Carolina (Mr. We want to do this in a fair and nonpartisan by this House. The other side of the COBLE), a distinguished member of the manner. It is true that no one is above the aisle most emphatically asked that ev- Committee on the Judiciary. law, not even the President of the United erything be made public today. There (Mr. COBLE asked and was given per- States. However, he should not be below the were other requests from both sides of mission to revise and extend his re- law. This is not just President Clinton, but this the aisle that nothing be made public. marks.) is the institution of the Presidency. We must We have bent over backwards to be Mr. COBLE. Mr. Speaker, many have treat this process fairly and justly. Integrity fair, and we have created a system, a compared President Clinton’s problems must remain in the process. This is not a witch rule that is fair, that protects the right with Watergate. There are similarities hunt, and an election by the American people of the American people to learn the as well as distinctions. should not be nullified without objective delib- facts, and the right of due and delibera- A probable similarity is this: If Presi- eration. It is unfortunate that the President will tive process for the President and all dent Nixon and President Clinton had not be given a chance to review this report be- other citizens who may be affected by offered sincere apologies in timely fore the Press will on the Internet. Let's put these proceedings that in effect we are fashions, their respective problems fairness back in the process. authorizing today by this rule and by would likely have been resolved. If, The American people understand the cre- the rule next week that we will be when initially confronted, they had re- ation of this perfect union, they understand bringing to the floor. sponded truthfully in a manner worthy justiceÐand we must show that we will not let Mr. MOAKLEY. Mr. Speaker, I yield of their high office, the severity of politics override justice and the blessings of 1 minute to the gentleman from New their problems likely would have di- liberty. The institution of the Presidency, Pres- York (Mr. HINCHEY). minished: ‘‘American people, I made a ervation of the rule of law, the survival of this Mr. HINCHEY. Mr. Speaker, I, too, mistake. I disappointed you. I let you nation depends on this. want the allegations in the report by down. I ask your forgiveness.’’ Alexander Hamilton in 1775 said the sacred Mr. Starr to be made public, but the If such requests had been timely ex- rights of mankind are not to be rummaged for, way that that would be done in this tended, forgiveness would likely have among old parchments, or musty records. resolution is wrong. The burden of that been forthcoming, because Americans They are written, as with a sunbeam in the wrong will haunt this process through- by nature are a forgiving people. I am whole volume of human nature, by the hand of out. applying hindsight, Mr. Speaker, which H7602 CONGRESSIONAL RECORD — HOUSE September 11, 1998 is nearly always 20/20. But the time for Chamber, an oath to defend the Con- Mr. HEFNER. Mr. Speaker, I came forgiveness may have passed, and now stitution of the United States. It is here to this House at the same time as this demanding task of resolving the that Constitution that places this re- the distinguished gentleman from Illi- matter is upon this, the people’s House. sponsibility upon us. This is a sad day. nois (Mr. HYDE), the chairman of the The success of our Constitution is When I came to Congress I would have Committee on the Judiciary. I heard measured with the courage of those in never believed we would have to con- the questions raised so far on this pro- whom it vests powers to carry them sider such a resolution during my serv- ceeding and I watched the Rules Com- out in a just and appropriate manner. ice here. It is a solemn responsibility. mittee last night. Just to show how This resolution will assure that the But we may not cede our oversight dull things were on television, I Committee on the Judiciary is able to responsibility to watch over the gov- watched the Committee on Rules on ascertain what we need to do to accom- ernment. Every Member of the House, television last night. plish that task. in doing so, would be abdicating one of Mr. Speaker, to me, I get the feeling Mr. MOAKLEY. Mr. Speaker, I yield the most important obligations that this is, ‘‘Give him a fair trial and 2 minutes to the gentlewoman from the charged us by our Founding Fathers. then hang him.’’ Now, what is the dif- Ronald Reagan stated on the 250th District of Columbia (Ms. NORTON). ference in the courtesy that we ex- Ms. NORTON. Mr. Speaker, I thank anniversary of the birth of President tended Richard Nixon and our distin- George Washington that without Presi- the gentleman for yielding me the guished Speaker, and that extended to dent Washington stepping forward, our time. the President of the United States? Nation might have failed. He said that Mr. Speaker, there are few instances After all, he supposedly speaks for all George Washington, and I quote, ‘‘was in this Chamber where bipartisanship of us. Fifty percent of the people did is required. There are almost no in- a man of deep faith who believed the pillars of society were religion, moral- not vote for Republicans or Democrats. stances where fairness is required. Bi- They were split up. Fifty percent of the partisanship is not even required when ity, and bonds of brotherhood between citizens. He personified a people who people said, we do not want to vote for we are declaring war. As we saw in the knew it was not enough to depend on anybody. way the Gulf War was handled, there their own courage and goodness. They This is, in my view, an unfair rule. I were divisions among us, and yet we must also seek help from God, their fa- hope that I would never have to come came together. ther and preserver.’’ to this body for defense of my civil But Mr. Speaker, bipartisanship and As we begin this process, we must put rights and to get fairness from the fairness are necessary in a procedure our trust in the courage and judgment Committee on the Judiciary if this rule that could overturn a democratic elec- of this sober body. We must put our goes into effect. And there are already tion. We are failing the joint test of bi- faith in God to lead us during this very members of this committee that have partisanship and fairness this morning difficult time. I urge my colleagues to made up their minds that Clinton has on the easiest of the issues of this pro- support this resolution. to go. ceeding, access to an accusatory docu- Mr. MOAKLEY. Mr. Speaker, I yield Mr. Speaker, to me, this is a facade. ment by the accused. 2 minutes to the gentleman from North It is absolutely ridiculous. It is a trav- Mr. Speaker, I have spent my life in Carolina (Mr. WATT). esty. And right now I am going to vote the law arguing matters of due process, Mr. WATT of North Carolina. Mr. against the rule, and I would just tell down to including first amendment Speaker, I rise in opposition to the res- all Members of this House, if they vote matters, where I was defending the olution. I asked myself three questions: against this rule, the press releases are rights of racists to vindicate the right Is the public’s right to know para- already out that they are going to de- of free speech. I can say to the Mem- mount to the right of the accused to a fend the President and stand with him bers that I believe history will ask, fair hearing? My answer to that is no. and the message will go to their dis- what would have been lost if the Presi- That has always been the answer of our tricts that they do not want the truth dent had been given a day or two to in- country. to be seen. spect documents that accused him? Is there any precedent for what we This is political, and I regret it; and Ten days for Members accused, no day are doing? My answer to that is no. We it is one of the reasons that I am going for the President of the United States gave the defendant McVeigh and the to be so glad to be out of here. when he is accused. defendant who shot police officers in Mr. SOLOMON. Mr. Speaker, I yield We could have regulated how the doc- this Chamber more due process than we myself such time as I may consume. ument would be inspected. We could are extending to the President of the Mr. Speaker, I am going to be out of have sequestered those who would in- United States. We fight to keep from here too, but I am not going to be glad spect it. There are any number of con- having pretrial publicity and informa- about it. It is a great institution, and I ditions, but the notion of no inspection tion out there, to assure fair trials, and am certainly going to miss it. does violate fundamental fairness. we give it up today when we release Mr. Speaker, I cannot help but listen Impeachment is a matter of a process this report. to the last two speakers from North Now, having dug ourselves this hole, that we make up as we go along. Par- Carolina, and others. I wish they had can we provide a fair determination ticularly because this Chamber is not stayed on the floor earlier on when the and fulfill our constitutional respon- controlled by the President’s party, gentleman from Missouri (Mr. GEP- sibility, with the public and the press they should be at pains to bend over HARDT), the minority leader, was here second-guessing every single step and backwards on each and every element imploring the Members to have proper every single evaluation? It is like hav- of fairness. They have failed to do so in decorum and to cooperate in a biparti- ing the press and the public standing this proceeding. san and nonpartisan basis. and saying to every single juror, ‘‘We Mr. SOLOMON. Mr. Speaker, I yield 2 Mr. Speaker, let me refer to the law. have already made up our mind. Now minutes to the outstanding Member Section 595(c). you go provide a fair trial and a fair from Atlanta, Georgia (Mr. LINDER), a Mr. CONYERS. Regular order. Mr. process.’’ member of the Committee on Rules. Speaker, is the gentleman on his own Mr. LINDER. Mr. Speaker, I thank b 1115 time? the gentleman for yielding time to me. On all three counts we have failed The SPEAKER. The time is counted Mr. Speaker, this is a terrible thing the system. around the gentleman from New York. for the Nation to have to go through, This is a sad day from two perspec- Mr. HEFNER. Will the gentleman and not one of us should feel anything tives. It is a sad day that we are here yield? He mentioned my name. but sadness and pain. But Congress has in the first place, but it is an even sad- Mr. SOLOMON. Mr. Speaker, I did a solemn responsibility to undertake der day for what we are doing to the not mention the gentleman’s name. this review of the report of the inde- Constitution and to our obligations Mr. HEFNER. I am from North Caro- pendent counsel. under that Constitution. lina. As the chairman of the Committee on Mr. MOAKLEY. Mr. Speaker, I yield Mr. WATT of North Carolina. Mr. the Judiciary stated earlier today, we 11⁄2 minutes to the gentleman from Speaker, will the gentleman yield? took an oath on our first day in this North Carolina (Mr. HEFNER). Mr. SOLOMON. No, I will not yield. September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7603 Mr. WATT of North Carolina. Mr. delicate challenge to this body. I am Mr. Speaker, we are operating here Speaker, I rise to a point of personal saddened by the tone of antagonism under the independent counsel statute, privilege. and mistrust that is already starting to which provides very specifically for the The SPEAKER. A point of Personal creep into the proceedings. treatment of different reports by an privilege is not in order at this time. Perhaps the flaws in this resolution independent counsel. We are not pro- The gentleman from New York (Mr. do not equal a violation of fundamental ceeding here under the ethics rules. We SOLOMON) controls the floor. fairness. Due process, of course, is dif- are not proceeding here under the Fed- Mr. SOLOMON. Mr. Speaker, I am ferent from the fairness inherent in due eral Rules of Criminal Procedure. going to say it again. Some complain courtesy and due comity. But let me The independent counsel statute, about the President not being given ask my colleagues, would there have which was referred to just recently by prior notice; I think the arguments are been any real cost to a better protec- the chairman of the Committee on unfounded. The Democrats controlled tion of the rights of innocent persons Rules and which the minority, when this place in 1978 when this initial law to their privacy? I think not. they were in the majority, had every was put into place. Nothing in the law, Would there have been any real cost opportunity just 5 years ago to amend and it is only one paragraph here, to a fuller courtesy to the President of and they did not, provides very simply, speaks to giving anyone notice when a the United States, regardless of statu- very unequivocally, very clearly that report is given to this Congress. tory or precedential provisions? I think the independent counsel report that we This law has been reauthorized three not. are talking about here, which is not a times, the latest in 1994 when this Would there have been any real cost report to the court, is not a periodic re- House was again controlled by Demo- to greater comity to the requests of port to the Congress; it is a report di- crats. Nothing was in it. Let me read it the minority in order to assure a fuller rectly and solely to the Congress and to my colleagues. sense of nonpartisanship in this mat- not to any other party for purposes of ‘‘Schedule C: Information relating to ter? I think not. the Congress to consider what the inde- impeachment. An independent counsel Mr. SOLOMON. Mr. Speaker, I yield 1 pendent counsel believes is impeach- shall advise the House of Representa- minute to the distinguished gentleman able evidence, evidence of impeachable from Texas (Mr. SMITH), a member of tives of any substantial and credible offenses. the committee. information which such independent If, in fact, the minority, which was Mr. SMITH of Texas. Mr. Speaker, then in the majority just a few years counsel receives.’’ It goes on to say this is a critical time in our country’s that they may constitute grounds for ago, was so concerned about the prin- history, and we must proceed with the ciple involved here, aside from the per- an impeachment. utmost care in fulfilling our constitu- Mr. Speaker, that is the law. We sonalities that now prevail, if they tional responsibility, wherever it were so concerned about providing spe- should have written it in the last five might take us. times. We did not for reasons. cial dispensation for the President to It is altogether fitting that the inde- have advance access to that report Mr. Speaker, I yield such time as he pendent counsel’s report be made avail- may consume to the gentleman from from the independent counsel, so he able to the American people, Members could go to the American people and Florida (Mr. STEARNS). of Congress, and the President simulta- (Mr. STEARNS asked and was given spin it and distort it, then they could neously. From the outset, this process have written it into the statute. permission to revise and extend his re- must be open and fair to all, with ad- marks.) Mr. Speaker, it is too late now to do vantage to none. that. The statute speaks for itself, just Mr. STEARNS. Mr. Speaker, I thank As we go forward, we do so not as the distinguished gentleman from New as the evidence will speak for itself. partisans, but as fact-finders and I support this resolution. York (Chairman SOLOMON) for yielding truth-seekers. And we go forward to- Mr. SOLOMON. Mr. Speaker, I yield me this time. gether, the American people and their 11⁄2 minutes to the very distinguished Mr. Speaker, I rise in support of the representatives in Congress, united in gentleman from Washington (Mr. rule. The American people paid for this our love of country and in our desire to HASTINGS) a member of the Committee report. They have a right to see it im- seek a wise and just result. on Rules. mediately without any spin. There is a passage in the scriptures Mr. HASTINGS of Washington. Mr. With regard to this rule on the Starr report, where King Solomon says, ‘‘Give there- Speaker, I thank the gentleman from we need to make the report public imme- fore thy servant an understanding New York (Mr. SOLOMON) for yielding diately for these reasons: heart * * *’’ That is what is needed me this time. 1. Immediate release on the internet will during this time of our national tribu- Mr. Speaker, we have heard a lot of prevent the selective leak of information both lation. remarks today, some good and some favorable and unfavorable to the President. Mr. SOLOMON. Mr. Speaker, I yield maybe not so good. I would like to 2. The American people, as taxpayers, have 11⁄2 minutes to the distinguished gen- come at it from a different perspective. a right to see the report, complete and uned- tleman from Georgia (Mr. BARR). When I was first elected to this body, ited by the media or other sources. This meth- Mr. BARR of Georgia. Mr. Speaker, I I never contemplated the possibility od provides access to the report to everyone thank the distinguished gentleman that I would have to address the poten- at the same time. They paid for this report. Let from New York (Mr. SOLOMON) the tial of impeachment, and I think that us give it to them. chairman of the Committee on Rules, many of us feel exactly the same way. 3. Internet release is the least partisan for yielding me this time. But here we are, and we all swore to method of releasing the information. No one Mr. Speaker, there is a sign that uphold the Constitution. This is what I has any advantage in spinning the information hung over my wall when I served as would like to address my remarks to. for their own purposes. U.S. Attorney, and I brought it with Some have characterized what we 4. The report is now property of the House me to Washington and it now hangs in may go through as a constitutional cri- of Representatives, as the Constitutionally au- my office here. It is a quote by Theo- sis. I would emphasize that this is not thorized body to determine whether impeach- dore Roosevelt, a former President. a constitutional crisis. The issue that ment is warranted. If anyone should be able to ‘‘No man is above the law, no man is brings us here today, the method of review the material, it should be the House, below the law, nor do we seek any disseminating the information in the and then the President, not the reverse. man’s permission when we seek to independent counsel’s report, however, Mr. MOAKLEY. Mr. Speaker, I yield make him uphold the law.’’ may result in a crisis. It may result in 1 minute to the gentleman from Colo- That is very applicable here today as a crisis of governance. It may result in rado (Mr. SKAGGS). we discuss the law. I would remind my a crisis in the confidence of the people Mr. SKAGGS. Mr. Speaker, I thank colleagues on the other side of the that elected us, but it is not a constitu- the gentleman from Massachusetts aisle, who now wail so loudly in favor tional crisis. (Mr. MOAKLEY) for yielding me this of special dispensation for the Presi- Our Constitution clearly lays out a time. dent, what law it is that we are operat- process in which we should discharge Mr. Speaker, this is the first stage of ing under here and what law we are not our duty. This is the start of that proc- what will be an incredibly difficult and operating under here. ess. H7604 CONGRESSIONAL RECORD — HOUSE September 11, 1998 Mr. Speaker, last week before I re- the things that are in the report are peachment of President Clinton, in- turned to Washington, D.C., I had din- going to be on ‘‘Meet the Press’’ and cluding allegations that he lied under ner in my district with a group of Rus- ‘‘Face the Nation.’’ Somebody is leak- oath, tampered with witnesses, ob- sian professionals. At that time, Russia ing this. structed justice, and abused power to was in the middle of a crisis where I am not making accusations, but hide his affair with Monica S. there was no prime minister and there somebody is leaking this and I would Lewinsky, according to sources in- was a very real threat that the govern- like to have an explanation and an an- formed about some of its contents.’’ ment might be dissolved. There clearly swer as to where these leaks are com- That is in the paper. Yet my col- was apprehension in this delegation. ing from, because it does not behoove leagues are now urging me to tell our My colleagues should recall that until us to just say, well, we have them Members to release everything, thou- yesterday, this issue was unresolved. under lock and key here. sands and thousands of pages. Explain to me one procedural method. How can Now, that is what I would characterize b 1130 as a constitutional crisis. 35 Members with at least one staffer Mr. Speaker, as we go through this Mr. CONYERS. Mr. Speaker, reclaim- each go through thousands and thou- process, let us keep in mind that this ing my time, the intention of this sands of pages of documents? issue is very serious, but it is not a cri- Member was to come here this morn- I ask in the comity that the gen- sis of that fact. I would just say that ing, point out my reservations about tleman from Illinois (Mr. HYDE) and I this really demonstrates to me that this rule, this proceeding, and vote for have pledged to work with, the friend- the Founding Fathers, what they wrote it. But I have been exposed to the de- ship that the Speaker and I have en- in our Constitution does indeed work. bate now, and I will not be able to jus- joyed over these last 48 hours, that we The burden now is on us. tify my support. please move away from this course of Mr. SOLOMON. Mr. Speaker, I yield 1 I am announcing to those Members action. I urge that this resolution be minute to the distinguished gentleman on my side that I have told I was going defeated. Mr. SOLOMON. Mr. Speaker, after from Arkansas (Mr. HUTCHINSON), an- to support the report, I am not going to other member of the Committee on the vote in the affirmative. And I regret it that eloquent address, it is only appro- Judiciary. very much because it was important to priate that the closing for our side Mr. HUTCHINSON. Mr. Speaker, this me that we continue the comity that would be the chairman of the Commit- resolution begins a journey in which we have worked so hard on. tee on the Judiciary, not only because the path will be treacherous and the Here is why. The independent counsel he is the Chairman, but because he has conclusion is uncertain. The journey whom I have lectured to almost daily also, in 24 years, been the Member that should be guided by the Constitution, from this well and for whom I have had has been held in, I would say, the high- est esteem by all of us. the law, and our conscience. certain reservations about his over- Mr. Speaker, I yield such time as he This resolution is a step in the right zealousness has done the Congress one may consume to the gentleman from direction on that journey. It follows important service. In his only commu- Illinois (Mr. HYDE) to close for our side. the precedence of the House and it is nication that I know of to the Speaker and to the minority leader, he said in (Mr. HYDE asked and was given per- fair. Would it be more fair to withhold mission to revise and extend his re- the release of the report to Members of two sentences something that I think we are not following, and I commend it marks.) this body and to the public, in other Mr. HYDE. Mr. Chairman, I would to your attention. words to allow the President a head not call for a vote on that last state- It is this: ‘‘This referral,’’ not report, start in reviewing the report? I think ment the gentleman from New York ‘‘This Referral contains confidential not. made, but I do thank him for his gener- material and material protected from Mr. Speaker, I believe that it is fair ous remarks. and the chairman of the committee has disclosure by Rule 6(e) of the Federal Mr. Speaker, fundamental fairness is done an outstanding job in working Rules of Criminal Procedure.’’ That is a phrase that has been bandied around with the minority ranking member in Starr talking to the Congress. Then he here. I did not hear that much when order to assure a fair process. went on to say, ‘‘Many of the support- one of the marvelous, articulate As a member of the Committee on ing materials contain information of a spokesmen for the administration de- the Judiciary, I have supreme con- personal nature that I respectfully clared war on Kenneth Starr; and that fidence that the committee will pro- urge the House to treat as confiden- war is still going on, volley after volley vide the President an ample oppor- tial.’’ on MSNBC, CNBC, on and on and on, tunity and a fair opportunity to re- It was with that understanding that, not to mention other spokesmen for spond. This process should not be a in the Office of the Speaker and with the administration, talented issuers of stampede to impeachment, but it the leaders of this body we entered into insults and vitriol. There was not much should be a search for truth and justice an agreement that I regretfully have to due process or fairness there. with an allegiance to the Constitution. tell you has been broken. It has been We have congratulated ourselves on That is my commitment. That should broken. My heart has been broken be- saying no man is above the law, but be our commitment. fore. Agreements have been broken be- this is not a criminal proceeding. There Mr. MOAKLEY. Mr. Speaker, I yield fore. is no legal requirement for an answer the balance of my time to the gen- But in this instance, we are violating to a complaint from the White House. tleman from Michigan (Mr. CONYERS), the directions of the independent coun- We on the Committee on the Judiciary ranking member of the Committee on sel who now, in his fifth year, and I are smart enough and of such goodwill the Judiciary. love these reports about how the Amer- that we are going to wait and we are Mr. HEFNER. Mr. Speaker, will the ican people are waiting for this. The going to hear what the President has gentleman yield? majority of the American people would to say. We are going to give it every Mr. CONYERS. I yield to the gen- accept a resolution saying we shall possible consideration. tleman from North Carolina. never mention this matter again for The only requirement for an early Mr. HEFNER. Mr. Speaker, first, the rest of all of our honorable and dis- copy to the White House is a public re- they mentioned ‘‘the two gentlemen tinguished careers. That is what the lations one. We have had the public re- from North Carolina,’’ and I am one of majority of the American people want. lations feel for as long as the independ- them. I do not know if I am a gen- Twenty-five thousand people would ent counsel has been appointed. By the tleman, but as far as the decorum of like to see it if it is there. way, the spin is working well here in the House, I certainly, if I offended But since we are worried about the this room. My colleagues refer to him anybody, I apologize. I am so sorry if I contents: ‘‘Impeachment Report Con- as the special prosecutor, not the inde- hurt anybody’s feelings, delicate feel- tends Clinton Lied, Obstructed Justice; pendent counsel. He is not a prosecutor ings in the House. Alleged Deceit Is Outlined.’’ on the law my colleagues passed, which But, Mr. Speaker, there is one ques- ‘‘Independent counsel Kenneth W. did not provide for advanced copies to tion that has not been answered. By Starr’s report to the House contends objects of investigation, as my col- this weekend on all the talk shows, all there are 11 possible grounds for im- leagues wrote it. So we have a public September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7605 relations requirement that I hope my dent and more recently, the allegations sur- For the stability of the country and the pres- colleagues do not think we are fun- rounding President Clinton and his admitted ervation of our democracy, we must proceed damentally unfair in not wanting to extramarital relationship with Monica with a spirit of bipartisanship that rises above give special treatment to the White Lewinsky. politics and ideological differences. If the Judi- House. Equality, not special treatment. I have been extremely disappointed with the ciary Committee determines that there are im- I do not have to tell my colleagues President's behavior. I do not believe it is ap- peachable offenses, and forwards its findings that these theaters of operations have propriate conduct for the President of the to the entire House, Members of the House shifted from the White House to the United States. However, the issues contained will effectively serve as jurors. We must look Grand Jury to this chamber. We are in the Starr Report also deal with issues of al- at the facts in an objective and fair manner. governed by what we all vote for. leged legal impropriety. Those are the issues We must leave our own personal and political I can assure my colleagues the only which should be our focus as we consider our predispositions at the door. Our decisions bipartisan thing in this whole resolu- duty under the Constitution. must be made on the evidence and the law. tion, after listening to this debate, is I will vote today to release portions of the Like every other member of the House, I the bipartisan demand for immediate Starr Report to the public. I regret that the Re- plan to review the report in its entirety over the release of this report. I can tell my col- publican majority of this House is opposed to weekend. I urge every American to read the leagues the vigor and rigor with which giving the President an opportunity to read the report and make their own judgements in a those demands have come from the allegations contained in the report before we sober, serious manner. other side is in no way less than the make them public, because I believe that is To make the report more easily accessible vigor and the rigor of the demands on unfair. We gave House Speaker NEWT GING- to people in Wyoming, I want them to know our side. RICH that opportunity when allegations against that an electronic copy of the report will be We put this to a vote, we know what him were being considered by the Congress. posed on the Internet on the following official is going to happen, and we are the serv- However, I believe it is important the public government sites: ants of this body. So there is no way we have access to certain information in the Starr Library of CongressÐTHOMASÐhttp:// could change that. Report. I remain reluctant to make every de- thomas.loc.gov/icreport. Due process, fundamental fairness tailÐsecret grand jury information, classified Government Printing OfficeÐhttp://ac- will be observed. I can assure my col- national security documents, or unconfirmed cess.gpo.gov/congress/icreport. leagues this whole proceeding will fail, information which may unnecessarily involve House Committee on JudiciaryÐhttp:// it will fall on its face if it is not per- innocent individualsÐavailable for everyone in www.house.gov/judiciary. ceived by the American people to be the world to read. On this matter, the House House of RepresentativesÐhttp:// fair. Judiciary Committee will be responsible for www.house.gov/icreport. I keenly regret what I have heard further action and recommendations to Con- Mr. BUYER. Mr. Speaker. I know that all of this morning, a debate that has been gress. my colleagues recognize the gravity of the sit- really partisan. Bipartisanship cuts Before I make any further judgment, I want uation before us. We must bring to this matter two ways, folks. It does not mean sur- to read the Starr Report. Then, I want to hear every ounce of wisdom and thoughtfulness render. It means thoughtful, sincere, the President's response to the allegations and nonpartisanship possible. honorable consideration of differing made in the report. At that time, I will consider The statute authorizing the independent views and trying to reach an accommo- the evidence presented to me as a Member of counsel requires that the House be notified of dation. the U.S. House of Representatives and take any substantial and credible information that I pledge myself, even though the gen- any action I believe appropriate. may be grounds for impeachment. The inde- tleman from Michigan (Mr. CONYERS) Mrs. CUBIN. Mr. Speaker, since Independ- pendent counsel has fulfilled his statutory obli- has changed his mind, I pledge myself ent Counsel Kenneth Starr has delivered a re- gation. The House must now fulfill its constitu- to work with him as closely as hu- port to Congress with evidence of possible im- tional responsibility to thoroughly review this manly possible so we do have that bi- peachable offenses, the House of Representa- material. partisan result from our efforts. tives is required by the United States Constitu- It is not the independent counsel who de- I hope my colleagues will vote for tion to review this information. Along with the cides what is impeachable. That responsibility this resolution. power to declare war, the power to draft arti- rests solely with the House. Included in this Mr. STARK. Mr. Speaker, I will not vote for cles of impeachment is among the most sol- resolution is a requirement that three sections this resolution because I have grave reserva- emn and serious powers given to the House of the report be made public as soon as is tions about the process under this House res- by the Constitution. physically possible. This is appropriate. The olution that provides no check for the rel- The vote today to release the report is not Democrats on behalf of the President's crimi- evance or veracity of the information con- an indictment against the president. The nal defense lawyer seek to have access to the tained in the Starr report, and which denies House has not voted to impeach the presi- report prior to its dissemination to the public. the President the fairness that the House has dent, nor to proceed with an inquiry of im- Obedience to criminal law and fundamental afforded its own Members. peachment. We have voted to make this re- fairness does not recognize special treatment This report is a prosecutor's version of a port available to members of Congress, the as requested by the minority. The law author- case, no more and no less. It evolves from a President, and the American public. We have izing the independent counsel does not au- grand jury investigation that affords witnesses also voted to give the Judiciary Committee the thorize an advance copy to the subject of the no opportunity for representation by counsel authority to review all of the supporting docu- investigation. and no rebuttal for witnesses. If the accused ments to determine if there is evidence that I support the resolution and urge its adop- were a House Member, He would have been the President has committed impeachable of- tion. afforded time to review the report and prepare fenses. Mr. SCARBOROUGH. Mr. Speaker, I want a response. Our own Speaker GINGRICH was Our decision today on how to handle the re- to express my support for the public disclosure given five days to read and respond to the port is fair. The law requires Judge Starr to of the Starr report, to end questions regarding Ethics report detailing his wrong doing; the submit information to Congress if he has the report's content. The gravity of this histori- Speaker's response was included in the docu- found credible evidence of impeachable of- cal moment cannot be underestimated. Few ment made available to the public by the Eth- fenses. The President, like the Congress, did responsibilities will ever rise to this responsibil- ics Committee. Speaker GINGRICH forgets that not get an advance copy. Like any other ity Congress now confronts. Throughout this fairness he was afforded as he casts the first American, he will not receive special treat- difficult process, the public will always retain stone today at the President. ment, he will receive fair treatment. the right to be fully informed. The Congress, As we vote today, we do not know where The public has a right to review the report, as well as the President, has such a duty to the truth will take us. But we must not plunge and innocent parties have a right to have their so inform. into McCarthy era demagoguery in which sala- privacy preserved. The Judiciary Committee Mr. PAYNE. Mr. Speaker, I rise in strong cious slander replaces responsible governing. will be the only body with access to the sup- opposition to this resolution. Mr. COSTELLO. Mr. Speaker, this House porting documentation. However, by making We all agree that we have a serious respon- has under consideration the issue of how best the report public, the American people will be sibility to fulfill our Constitutional duty as mem- to deal with the report submitted by Independ- able to decide for themselves what the report bers of Congress in the matter before us. But, ent Counsel Kenneth W. Starr. Mr. Starr has says rather than having the information filtered it is of utmost importance that we proceed in spent almost four years investigating the presi- through media or government sources. a spirit of fairness. H7606 CONGRESSIONAL RECORD — HOUSE September 11, 1998 Sadly, it now appears at the very outset that I certainly agree that the report should be public reads and hears. They will take on a life the majority has rejected any semblance of released. That is not even an issue. It will be of their own, and the case will be tried, not by fairness in favor of blatant partisanship. To released. The only question is when and how Congress, but in the court of public opinion. refuse to give the President of the United it should be done. For in exercising the re- Given these risks, why rush to judgment, States the basic courtesy of reviewing the sponsibilities that the Constitution has thrust Mr. Speaker? After so many months, what charges made by the most far-reaching Inde- upon us, we must be sure that we proceed in possible harm can come from allowing the pendent Counsel in history is shameful. Is this a manner that observes the principles of fun- counsel for the President a few days to review the America we want for ourselves and our damental fairness that are at the heart of that the report so that they can tell his side of the children, where individual rights are trampled document. story? on to such a degree that accusations against Only then will the American people accept In the one historical precedent we have to a person are posted on the internet before the results, whatever they may be. Only then look to, that is precisely what was done. they are presented to the accused? I am will we begin to restore the shaken confidence Twenty-four years ago, a Republican president afraid that this is only the beginning of more of the Nation in its political institutions. was under investigation by a Democratic abuses to come. How can members of this In that regard, Mr. Speaker, I consider the House. President Nixon's lawyers were per- body who have loudly insisted that the Presi- resolution before us today to be our first test. mitted to participate in seven weeks of closed dent resign possibly give him a fair hearing? For in deciding the terms under which the sessions, as the Judiciary Committee con- I urge my colleagues to reject this resolution. highly sensitive material contained in the re- ducted a confidential review of Judge Sirica's Let us reject this cheap, partisan approach port should be released to the public, we must grand jury materials prior to their release. The and instead chart a fair, objective and honor- weigh carefully the benefits of immediate dis- counsel to the President was even allowed to able course as we undertake this serious re- closure against the damage this might do to cross-examine witnesses before their testi- sponsibility. the fairness of the investigation. mony was made public. Ms. CHRISTIAN-GREEN. Mr. Speaker, I If the resolution is agreed to, the entire 445 Whatever the differences may be between rise to join my colleagues, who more elo- pages of the report will be posted on the Inter- the current controversy and the Watergate af- quently than I, argue for fairness and decorum net this very afternoon. Not a page of it will fair, President Clinton should receive the same in the process we are about to embark on. have been examined beforehand by any mem- due process protections accorded to President This investigation, Mr. Speaker, and there- ber of the Committee. Not one page will have Nixon in the course of that investigation. fore this report is a document born out of polit- been seen first by the President and his attor- If the people of the United States are to ac- ical machinations. It is the result of a more neys. cept our virdictÐwhatever it may beÐthey than 6 year relentless attack on the President Some have argued that we should release must have confidence in the fairness and in- of the United States, which many of us believe the report because the essence of it has al- tegrity of our deliberations. ThatÐfar more began because his policies and political phi- ready been leaked to the press and appears than the fate of one particular presidentÐis losophy favor people of color and the less for- in this morning's editions. If that is true, it is what is at stake. tunate in our country, as well as because of to be deplored, and the Independent Counsel Mrs. ROUKEMA. Mr. Speaker, I rise today his economic policies and high favorability with should have to answer for it. But we should in strong support of this resolution. the American people. not endorse the unauthorized disclosure of I commend the Chairman of the Rules Com- I personally do not feel that the full report pieces of the report by prematurely releasing mittee, Mr. SOLOMON. Today the House em- should be made public. No public good would the rest of it. barks upon the first step of a Constitutional be served, only opposing political interests. Some have argued that the President al- process that our commitment to the rule of Additionally, it would further demean the office ready knows what is in the report because he law. Besides declaring war, this is the most of the President as well as the Congress and is the subject of it. This argument suggests, at important duty that the House could under- further demoralize a public that has said over best, a poor understanding of what goes into take. As Chairman HENRY HYDE has stated, and over again: ``Enough is enough, lets get a prosecutor's report. we are about to embark on a judicial inquiry on with the important issues facing this coun- Some have argued that we should go ahead that will uphold our ``Viable and Venerable try.'' and release the report because there are still Constitution.'' Mr. Speaker, it is only fair to grant the re- some 2,000 pages of supporting material that CONSTITUTIONAL PROCESS will not be released without Committee review, quest of the President and his attorney's for I must stress that this process is not and and this will be sufficient to prevent irreparable some time to review the report before it is should not be about politics. Partisan sniping harm to lives and reputations. They cite Mr. made public. Even if the Republican leader- has no place in this process. The entire Na- Starr's request that we treat certain informa- ship does not think that Bill Clinton deserves tion, indeed, the world will be watching the tion in the supporting material as confidential, two days to review the report, then I offer to House of Representatives and they will be apparently inferring that the information in the you that the President of the United StatesÐ seeing our Constitution on display. Indeed, it report itself does not require such treatment. whomever he might beÐis due at least that is that documentÐthe ConstitutionÐthat must Yet Mr. Starr did not say this. And even if he amount of respect and consideration. be our guide in this process, not politics. Mr. Speaker, this is indeed a sad day for had, it is for this House to determine what in- America. It is a sad day, not because of what formation should be disclosed. We should not IMMEDIATE DISCLOSURE the President has done, or the ensuing media abdicate that responsibility to the Independent The immediate public release of the 445- feeding frenzy, but because of the willingness Counsel. page written report is essential to this process. of some members of the Republican Party and Apart from whatever damage the abrupt dis- Delayed release or partial release or incom- its cohorts of the conservative, so called closure of the report might cause to innocent plete release will lead first to a trickle and then ``Christian'' Right, to sacrifice the presidency third parties, it will clearly be prejudicial to the a torrent of leaks, rumors and outright false in- and the integrity of the Congress on the altar President's defense. If the Independent Coun- formation. of political expediency. sel has done his job, the case he has con- The American people deserve better than to Let us be decent people and the upstanding structed will be a persuasive one. Prosecutors learn the details of the charges against the representatives the American people elected have enormous power to shape the evidence President through a cynical cycle of spin and us to be. We must respect the Presidency and presented to the grand jury. AndÐat least at re-spin. Nothing could be more damaging to give the President the time he has requested. the federal levelÐthey have no obligation to this process andÐI might addÐto the office of We must also do as Judge Starr has asked us apprise the jurors of exculpatory evidence. the Presidency. For these reasons, I am con- and protect the confidentiality of the sensitive The case will seem airtight. Yet until the evi- fident that the chairman and ranking member material the report includes. Let us be fairÐ dence has withstood cross-examination and of the Judiciary Committee will release the vote against this unfair rule! the allegations have been proven, they remain supportive documents as soon as possible Mr. DELAHUNT. Mr. Speaker, two days nothing more than allegations. and no later than September 28, 1998, con- ago, after months of speculation, leaks and Presidents, no less than ordinary citizens, sistent with their legal obligations. revelations, the report of the Independent are entitled to the presumption of innocence. PRESIDENT'S RIGHT Counsel was delivered to the House of Rep- They are entitled to confront the charges Now let me touch upon the President's resentatives. If this resolution is approved this against them. Yet, if we adopt this resolution, rights in this process. I am committed to main- morning, the report will be in the hands of mil- by the time President Clinton is accorded that taining a level of fundamental fairness as the lions of people around the globe by three right, the charges against him will have circled HouseÐand possibly the SenateÐmove for- o'clock this afternoon. the globe many times. They will be all the ward with this constitutional process. September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7607 Does today's release of this 445 referral [Roll No. 425] Ryun Smith (TX) Tiahrt Salmon Smith, Adam Tierney compromise the President's rights or place YEAS—363 Sanchez Smith, Linda Traficant him at a legal disadvantage? The answer is a Sanders Snowbarger Turner Abercrombie Ehrlich Lazio Sandlin Snyder Upton clear ``no.'' Aderholt Emerson Leach Sanford Solomon Vento Allen English Levin The President and his lawyers will have Sawyer Souder Visclosky Andrews Ensign Lewis (CA) plenty of time to craft a full defense. (Indeed, Saxton Spence Walsh Archer Eshoo Lewis (KY) if there is any person in this Nation who has Schaefer, Dan Spratt Wamp Armey Etheridge Linder Schaffer, Bob Stabenow Watkins the tools and the ability to defend himselfÐit Bachus Evans Lipinski Schumer Stearns Watts (OK) is the President of the United States.) That is Baesler Everett Livingston Sensenbrenner Stenholm Waxman his right. That represents basic fairness. Baker Ewing LoBiondo Sessions Strickland Weldon (FL) Baldacci Farr Lowey Shadegg Stump Weldon (PA) It is important to realize that the process Ballenger Fawell Lucas Shaw Stupak Weller that this resolution creates will provide the Barr Fazio Luther Shays Sununu Weygand Independent Counsel's Report to this House, Barrett (NE) Foley Maloney (CT) Sherman Talent White Barrett (WI) Forbes Maloney (NY) the President, and the public at essentially the Shimkus Tanner Whitfield Bartlett Fossella Manton Shuster Tauscher Wicker same time. How can this not be fair? Barton Fowler Manzullo Sisisky Tauzin Wilson Bass Fox Mascara CONCLUSION Skeen Taylor (MS) Wise Bateman Franks (NJ) Matsui Skelton Taylor (NC) Wolf It is my sincere belief that this process will Bentsen Frelinghuysen McCarthy (MO) Slaughter Thomas Wynn prove that our Constitution works. Today, that Bereuter Frost McCarthy (NY) Smith (MI) Thornberry Young (FL) Berman Gallegly McCollum Smith (NJ) Thune process begins and will only end in an im- Berry Ganske McCrery Smith (OR) Thurman peachment if substantial and credible evi- Bilbray Gejdenson McDade dence exists for that impeachment. Today's Bilirakis Gekas McGovern NAYS—63 Bishop Gephardt McHale action is NOT meant to prejudge the outcome. Ackerman Hinchey Owens Blagojevich Gibbons McHugh Becerra Jackson (IL) Payne We must uphold the laws of our free societyÐ Bliley Gilchrest McInnis Brady (PA) Jackson-Lee Pelosi our republic will be secure. Blumenauer Gillmor McIntosh Brown (CA) (TX) Roybal-Allard Blunt Gilman McIntyre I urge my colleagues to support this resolu- Brown (FL) Jefferson Rush Boehlert Gingrich McKeon Carson Kennedy (MA) Sabo tion. Boehner Goode McKinney Clay Kennedy (RI) Scott Mr. FRELINGHUYSEN. Mr. Speaker, in this Bonilla Goodlatte McNulty Clayton Kilpatrick Serrano Bonior Goodling Menendez Nation, and in this Congress, we are con- Clyburn Lee Skaggs Bono Gordon Metcalf Conyers Lewis (GA) Stark fronted with a serious constitutional crisis. Borski Goss Mica Cummings Lofgren Stokes Boswell Graham Millender- Davis (IL) Markey Thompson In everyone's interest, Judge Starr's report Boucher Granger McDonald should be released to the public without delay. Delahunt Martinez Torres Boyd Green Miller (FL) Deutsch McDermott Towns For months we have listened to rumors and Brady (TX) Greenwood Minge Engel Meehan Velazquez leaks. In order for the credibility of this Con- Brown (OH) Gutierrez Mink Fattah Meek (FL) Waters Bryant Gutknecht Moakley gress to remain intact, we must be armed with Filner Meeks (NY) Watt (NC) Bunning Hall (OH) Moran (KS) Ford Miller (CA) Wexler truth and the facts. The American people must Burr Hall (TX) Morella Frank (MA) Mollohan Woolsey share this confidence, and the only way to ac- Burton Hamilton Murtha Hastings (FL) Moran (VA) Yates complish this, is for the information contained Buyer Hansen Myrick Hefner Nadler Callahan Harman Nethercutt Hilliard Neal in Judge Starr's report to be made public. Calvert Hastert Neumann After all this time and the related costs, full Camp Hastings (WA) Ney NOT VOTING—9 disclosure is absolutely necessary. Campbell Hayworth Northup Barcia Jenkins Pryce (OH) Canady Hefley Norwood As a Member of Congress, I will fulfill my Furse Johnson, E. B. Scarborough Cannon Herger Nussle Gonzalez Poshard Young (AK) duty and obligation to review this matter in a Capps Hill Oberstar tradition of bipartisan cooperation already reit- Cardin Hilleary Obey b 1200 Castle Hinojosa Olver erated by the Speaker and Mr. GEPHARDT. Chabot Hobson Ortiz Mr. FORD changed his vote from Congress will execute its duty under the Con- Chambliss Hoekstra Oxley ‘‘yea’’ to ‘‘nay.’’ stitution, but more importantly, continue to Chenoweth Holden Packard Mr. HINOJOSA and Mr. RODRIGUEZ Christensen Hooley Pallone changed their vote from ‘‘nay’’ to work on a legislative agenda which assures Clement Horn Pappas Americans that our Nation's economy will re- Coble Hostettler Parker ‘‘yea.’’ main strong by virtue of a Balanced Budget Coburn Houghton Pascrell So the resolution was agreed to. and tax cuts. We will also continue our work Collins Hoyer Pastor The result of the vote was announced Combest Hulshof Paul to increase educational opportunities for our as above recorded. Condit Hunter Paxon A motion to reconsider was laid on children, preserve and protect Social Security Cook Hutchinson Pease and Medicare, and reform health care in Cooksey Hyde Peterson (MN) the table. Costello Inglis Peterson (PA) f America. Cox Istook Petri Mr. SOLOMON. Mr. Speaker, I move Coyne John Pickering PERSONAL EXPLANATION the previous question on the resolu- Cramer Johnson (CT) Pickett Crane Johnson (WI) Pitts Ms. CHRISTIAN-GREEN. Mr. Speak- tion. Crapo Johnson, Sam Pombo er, I rise at this time because, like the The previous question was ordered. Cubin Jones Pomeroy other four Members who represent The SPEAKER. The question is on Cunningham Kanjorski Porter Danner Kaptur Portman Americans in the offshore territories, I the resolution. Davis (FL) Kasich Price (NC) was not able to vote on the issue of the The question was taken; and the Davis (VA) Kelly Quinn rule, H. Res. 525. But, Mr. Speaker, I Deal Kennelly Radanovich believe in fairness and I believe that Speaker announced that the ayes ap- DeFazio Kildee Rahall peared to have it. DeGette Kim Ramstad sensitive material should be kept con- Mr. SOLOMON. Mr. Speaker, I object DeLauro Kind (WI) Rangel fidential. to the vote on the ground that a DeLay King (NY) Redmond The people in the territories, just Diaz-Balart Kingston Regula like those on the mainland, believe in quorum is not present and make the Dickey Kleczka Reyes point of order that a quorum is not Dicks Klink Riggs fairness and we believe in respect for present. Dingell Klug Riley the Office of the President. And, so, if Dixon Knollenberg Rivers I had been able to vote, I would have The SPEAKER pro tempore. Evi- Doggett Kolbe Rodriguez cast my vote against the resolution; I dently a quorum is not present. Dooley Kucinich Roemer Doolittle LaFalce Rogan would have voted no. The Sergeant at Arms will notify ab- Doyle LaHood Rogers f sent Members. Dreier Lampson Rohrabacher The vote was taken by electronic de- Duncan Lantos Ros-Lehtinen GENERAL LEAVE Dunn Largent Rothman vice, and there were—yeas 363, nays 63, Edwards Latham Roukema Mr. SOLOMON. Mr. Speaker, I ask not voting 9, as follows: Ehlers LaTourette Royce unanimous consent that all Members H7608 CONGRESSIONAL RECORD — HOUSE September 11, 1998 may have 5 legislative days within Mr. ARMEY. Mr. Speaker, will the and some lost time earlier this year be- which to revise and extend their re- gentleman yield? cause of tragic and unforeseen events marks and include extraneous material Mr. FAZIO of California. I yield to and the efforts that we have made to on H.Res. 525. the gentleman from Texas. make sure that we fully and com- The SPEAKER pro tempore (Mr. Mr. ARMEY. Mr. Speaker, I thank pletely accommodate the Jewish holi- SHIMKUS). Is there objection to the re- the gentleman for yielding. day, we did not feel that it would be quest of the gentleman from New Mr. Speaker, I am pleased to an- possible this year to suspend votes on York? nounce we have concluded the legisla- this important Tuesday. There was no objection. tive business for the week. The House I know that the gentleman from New f will next meet on Monday, September York (Mr. ENGEL) will agree that is 14, at 10:30 a.m. for morning hour and easier for me than for the gentleman. AMENDMENT PROCESS FOR at 12 o’clock noon for legislative busi- And let me just, if I may, express my DOLLARS TO CLASSROOM ACT ness. We do not expect any recorded regret and apologies to the gentleman (Mr. SOLOMON asked and was given votes before 5 p.m. on next Monday. for the inconvenience. permission to address the House for 1 On Monday, September 14, we will Mr. ENGEL. Mr. Speaker, if the gen- minute.) consider a number of bills under sus- tleman would further yield, if I may Mr. SOLOMON. Mr. Speaker, we have pension of the rules, a list of which will ask the majority leader one further a number of important issues coming be distributed to Members’ offices this question. before the House in the next 3 weeks. afternoon. Would it not be possible to perhaps The Committee on Rules is planning On Tuesday, September 15, and hold votes on Tuesday, hold votes over to meet the week of September 14 to throughout the balance of the week, until Wednesday, to do the debates on grant a rule which may limit the the House will consider the following Tuesday, as we so very often do, but amendment process on H.R. 3248, the legislation: not have the votes actually held until Dollars to the Classroom Act. H.J. Res. 117, a resolution expressing Tuesday? Any Member who wishes to offer an the Sense of the House that marijuana That would not slow down the proce- amendment should submit 55 copies is a dangerous and addictive drug and dures of the House or the ability of the and a brief explanation of the amend- should not be legalized for medicinal House to do the kinds of work that we ment by 12 noon on Wednesday, Sep- use; need to do, but it would be fairer to tember 16, to the Committee on Rules, H.R. 4006, the Lethal Drug Abuse Pre- have the actual votes on Wednesday. at Room H–312 in the Capitol. vention Act; Mr. ARMEY. Mr. Chairman, if the Amendments should be drafted to the The Drug Demand Reduction Act of gentleman would continue to yield, I text of the bill as reported by the Com- 1998; would say to the gentleman from New H.R. 4300, the Western Hemisphere mittee on Education and the Work- York (Mr. ENGEL) I do not believe that Drug Elimination Act. force. The report will be filed today. is possible, given the structure of the We will also consider H.R. 3736, the work that we have before us for that f Workforce Improvement and Protec- day. ELECTION OF MEMBER TO tion Act of 1998; and H.R. 3248, the Dol- But I will again, out of consideration COMMITTEE ON THE JUDICIARY lars to the Classroom Act. for the gentleman from New York and Mr. Speaker, we are also hoping to go others as well, I will see what and if Mr. FAZIO of California. Mr. Speak- to conference on several appropriations some accommodation can be made, and er, at the direction of the Democratic bills and perhaps get a few conference I will get announcements to their of- Caucus, I offer a privileged resolution reports completed next week. We hope fices as soon as I can determine so. (H.Res. 530) and ask for its immediate to conclude legislative business for the Mr. FAZIO of California. Mr. Speak- consideration. week by 2 p.m. on Friday, September er, reclaiming my time, if I could ask The Clerk read the resolution, as fol- 18. further of the majority leader, could he lows: Mr. FAZIO of California. Mr. Speak- give us some understanding as to which HOUSE RESOLUTION 530 er, reclaiming my time, I yield to the days the bills that he listed are ex- Resolved, That the following named Mem- gentleman from New York, who has pected to come to the floor? ber be, and is hereby elected to the following some questions about their primary. Mr. ARMEY. If the gentleman would standing committee of the House of Rep- Mr. ENGEL. Mr. Speaker, on Tues- yield further, I would expect that we resentatives: day, New York has a primary, and would do the work related to the work To the Committee on the Judiciary, THOM- other States as well. There are prob- on drugs, H. Res. 117, H.R. 4006, the AS M. BARRETT of Wisconsin. The resolution was agreed to. ably seven or eight States that have a Drug Demand Act, and H.R. 4300; we A motion to reconsider was laid on primary. would expect that we would occupy I happen to have a contested primary the table. most of Tuesday with that work. election, as some of my colleagues do In addition to that, of course we have f as well. I know in the past we have the Workforce Improvement and Pro- REMOVAL OF NAME OF MEMBER avoided having votes on a day that tection Act and the Dollars to the AS COSPONSOR OF H.R. 4006 States are having primaries, and I am Classroom Act. We would expect those wondering if the same consideration two bills to be taken up later on in the Ms. ROYBAL-ALLARD. Mr. Speaker, could be given to those of us in New week. I ask unanimous consent to have my York who have a primary. Because, ob- Let me again remind the gentleman, name withdrawn as a cosponsor of H.R. viously, if we are running for election, we will also be occupying a good deal of 4006. we cannot be here and we would miss the floor time with respect to going to The SPEAKER pro tempore. Is there votes. And again, it has been done for conference with some of the work re- objection to the request of the gentle- other States, and I am wondering if it lated to the appropriations bills. woman from California? could be done on Tuesday, as well. Mr. FAZIO of California. Mr. Speak- There was no objection. Mr. ARMEY. Mr. Speaker, will the er, reclaiming my time, if I could ask f gentleman yield? the gentleman, are there any late Mr. FAZIO of California. I yield to nights anticipated in next week’s LEGISLATIVE PROGRAM the gentleman from Texas. schedule? (Mr. FAZIO of California asked and Mr. ARMEY. Mr. Speaker, I thank Mr. ARMEY. Mr. Speaker, I appre- was given permission to address the the gentleman from New York (Mr. ciate the inquiry of the gentleman, and House for 1 minute.) ENGEL) for his inquiry; and I certainly I would say that at this point we do not Mr. FAZIO of California. Mr. Speak- appreciate the concern the gentleman anticipate there will be a need for any er, I rise to inquire about next week’s has. late nights. And, obviously, if we see schedule from the leader, the gen- Unfortunately, given the rush of something that changes, we will let the tleman from Texas (Mr. ARMEY). work we have yet to complete this year body know as soon as possible. September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7609 Mr. FAZIO of California. Mr. Speak- offer remarks on behalf of the Congres- gether to arm and equip ourselves to fight er, one further, final question. sional Black Caucus. I want to share more effectively than ever before for those Could the gentleman give us any un- my remarks and a copy of Charlie’s who are too seldom victors, too often vic- derstandings as to which appropria- obituary with his friends across the tims.’’ Under Charlie’s leadership, we became a tions bills he expects to come before us Nation. formidable force in the United States Con- next week with motions to go to con- Charlie was a giant in the Black po- gress. One of our finest hours was the meet- ference with the potential of instruc- litical history of America. We extend ing with President Richard Nixon following tion for conferees and all that goes our deepest sympathy to his wife, Dar- our boycott of him for neglecting the legiti- with it? lene, and members of the Diggs family. mate needs and rights of black Americans. Mr. ARMEY. Mr. Speaker, I appre- He will never be forgotten. At this historic meeting, in his quiet, dig- ciate again the inquiry, and I am, un- The materials referred to are as fol- nified manner, Charlie Diggs told President fortunately, unable to give him that. lows: Nixon. ‘‘Our people are no longer asking for equality as a rhetorical promise. They are But if the gentleman would check with REMARKS OF THE HONORABLE LOUIS STOKES, demanding from the national administration the gentleman from Louisiana (Mr. MEMBER OF CONGRESS—A SPECIAL TRIBUTE and from elected officials without regard to LIVINGSTON), the chairman of the Com- TO THE HONORABLE CHARLES DIGGS party affiliation, the only kind of equality mittee on Appropriations, perhaps he Ebenezer A.M.E. Church, Fort Washington, that ultimately has any real meaning— could get a better read directly from MD, September 1, 1998 equality of results.’’ him about what his plans are with re- Darlene and members of the Diggs family. President Nixon’s failure to adhere to our spect to asking for time. I speak here today to pay tribute to a giant demands forced Charlie to make a dramatic in the black political history of America. I and brilliant move. He appointed the Diggs f speak on behalf of the 39 black Members of ‘‘shadow cabinet’’ which consisted of black Congress who inherit his legacy. The entire professionals who were experts in govern- ADJOURNMENT TO MONDAY, ment, and whom Charlie gave titles similar SEPTEMBER 14, 1998 Congressional Black Caucus, chaired by Con- gresswoman Maxine Waters, liken his pass- to that of each member of Nixon’s Cabinet. Mr. ARMEY. Mr. Speaker, I ask ing to the falling of a giant oak in the forest. Whenever a Nixon Cabinet member presented unanimous consent that when the Present today are Ms. Waters, Congressman an administration policy or position, the House adjourns today, it adjourn to Clay of Missouri, Albert Wynn of Maryland, Diggs ‘‘cabinet’’ counterpart would respond former Congresswoman Cardiss Collins, and from the black perspective. meet at 10:30 a.m. on Monday next for It was during this period of time that Vice morning hour debate. myself. Long before many of us came to Congress, President Spiro T. Agnew, while traveling in The SPEAKER pro tempore. Is there Charlie Diggs was a legend to us. Both his fa- Africa, verbally attacked America’s black objection to the request of the gen- ther’s and his own political career had made leaders and the Congressional Black Caucus. tleman from Texas? the Diggs name a prominent family name Under Charlie’s leadership, the caucus re- There was no objection. among blacks all over America. We, too, had sponded on the floor of the House. Charlie said, ‘‘Although his statements are very dif- f taken pride in 1955 in seeing this young State senator, join William L. Dawson and ficult to follow with any degree of logic, it is DISPENSING WITH CALENDAR Reverend Adam Clayton Powell, as Michi- not hard to understand that times and the gan’s first black Congressman. He hit the people have indeed passed him by—the mat- WEDNESDAY BUSINESS ON ter of black leadership is not within his prov- WEDNESDAY NEXT ground running in Congress and quietly es- tablished his reputation as a fighter for civil ince to decide.’’ Mr. ARMEY. Mr. Speaker, I ask and human rights. In two areas, Charlie’s legislative accom- unanimous consent that the business In the same year he was sworn in to Con- plishments will remain etched in history. Under his chairmanship of the House Dis- in order under the Calendar Wednesday gress, Charlie received national attention for monitoring the trial of two white Mississip- trict of Columbia Committee, home rule was rule be dispensed with on Wednesday established, giving the District of Columbia next. pians accused of murdering Emmett Till. Following the trial, he proposed that the the right to elect their own mayor and city The SPEAKER pro tempore. Is there representation in Congress from Mississippi council for the first time in more than a cen- objection to the request of the gen- be reduced. He also called upon President Ei- tury. He also authored the legislation creat- tleman from Texas? senhower to call a special session of Congress ing the University of the District of Colum- There was no objection. to consider civil rights issues. bia. The other area was his tenure as chair- man of the Subcommittee on African Affairs. f Charlie endured fire bombings at homes he was staying in in Selma and Mississippi He was acknowledged and respected by ev- eryone as Capitol Hill’s foremost elected of- TRIBUTE TO CHARLES C. DIGGS while taking up the cause of tenants being evicted from a slum. He investigated racial ficial on Africa. He was loved all over Africa. (Mr. STOKES asked and was given disputes at a Job Corps camp and in the So, Charlie, we benefitted from your lead- permission to address the House for 1 United States Army. In fact, Congressman ership, your friendship, your letters, your minute and to revise and extend his re- William Clay, who would not come to Con- phone calls and your visits. You walked tall marks.) gress until 1969, was one who was affected by and quietly carried a big stick. Good night, Dean. We’ll miss you. Mr. STOKES. Mr. Speaker, I rise to this. In his book entitled, ‘‘Just Permanent Interests,’’ Clay first speaks of ‘‘Diggs’ long advise the House of the recent passing OBITUARY of our former colleague and friend, and glorious career,’’ and then tells that ‘‘In late 1954, when I was a member of the Army Charles C. Diggs, Jr., State Senator, Con- former Congressman Charles C. Diggs, Chemical Corps, stationed at Fort McClel- gressman and Mortician, was born December Jr. Former Congressman Diggs passed lan, Alabama, I was prompted to call upon 2, 1922, and departed this life August 24, 1998. on August 28, 1998. him for assistance even before he was sworn He was the only child of the late Mayme E. Charlie Diggs was elected to the into Congress.’’ Jones Diggs and Charles C. Diggs, Sr. The United States Congress from Michi- Between 1955 and 1968 John Conyers, Rob- Diggs Seniors were Morticians, pioneers in gan’s 13th Congressional District in ert Nix and Augustus Hawkins had come to business, public service and community ac- 1954. He was Michigan’s first black Congress. So, in 1969 when Bill Clay, Shirley tivists. Member of Congress. Chisholm and I came to Congress, for the Charles C. Diggs, Jr. began his political ca- first time in history there were nine black reer in 1951 when he was elected to the During his Congressional career, he Congresspersons. By 1971, we had been joined Michigan State Senate. The youngest mem- was one of the founding members of the by Charlie Rangel, Ron Dellums, Parren ber of the Senate, he served a total of two Congressional Black Caucus and served Mitchell, George W. Collins and Ralph terms. During this tenure, he compiled a as the first chairman of that group. Metcalfe. This was the beginning of the Con- record that brought the admiration of lead- gressional Black Caucus and we elected ers throughout the state. An advocate and b 1215 Charlie Diggs as our first chairman. firm supporter of social legislation, he did He is also credited with establishing Charlie’s speech at our first Congressional much to assist Governor G. Mennen Williams home rule for the District of Columbia, Black Caucus dinner in 1971 established the promote a constructive program of human as well as authoring legislation to cre- creed under which the Congressional Black relations for the state. He was instrumental Caucus exists. He said, ‘‘We meet to assert in pushing legislation through the Senate ate the University of the District of the common bonds that unite men and that brought about good business and labor Columbia. women of all races, creeds and generations relations, compulsory school attendance, and Mr. Speaker, at the funeral services who share a fierce determination to liberate a re-evaluation of restrictions to age limita- for Charlie Diggs, I was honored to the legions of the oppressed. We come to- tions on voting. H7610 CONGRESSIONAL RECORD — HOUSE September 11, 1998 In 1954, his popularity in his state as a minute and to revise and extend his re- minute and to revise and extend his re- leader led him on to defeat the favored in- marks.) marks.) cumbent, George O’Brien. He then became Mr. GILMAN. Mr. Speaker, I rise Mr. GIBBONS. Mr. Speaker, the the Democratic candidate for Congress from today to strongly condemn the ongoing strength of this country lies in its fam- the Thirteenth District. Arriving in Wash- violence in Cambodia and to express ington as a federal legislator, he found it rel- ilies, not in its bureaucracy back here atively easy adjusting to what he described my support for the brave Cambodian in Washington, D.C., yet the current as ‘‘the way of life on Capitol Hill.’’ He also citizens opposing the tyranny and op- Federal Tax Code penalizes a husband found time to utilize his literary skills, serv- pression of the Hun Sen government. and wife for jointly filing their tax re- ing as radio commentator on a program In the last week’s violence in Cam- turn. It also penalizes seniors over 65 sponsored by the House of Diggs, Inc., and bodia, government forces have sense- who earn more than $15,500 by with- their insurance company. He was the owner lessly killed, maimed and harassed holding their Social Security benefits. and president of the House of Diggs, which peaceful street demonstrators who are Also, the self-employed can only de- was recognized as the state’s largest funeral protesting allegations of election duct 45 percent of their health insur- home. fraud. This has to stop. Hun Sen and As a Congressman, he identified himself ance premiums, instead of 100 percent, with the problems of the Southern Blacks. his government must understand that which is the same tax deduction for This association resulted in his being de- his violent actions are not without anyone who does not have employer- scribed as the ‘‘Mississippi Congressman-at- consequence. The violence must stop, subsidized health insurance. large.’’ In 1955, as a freshman Congressman, fundamental human rights must be re- Unfortunately, many of our col- he was propelled across the international stored, allegations of election fraud leagues on this side of the aisle believe scene by his attendance at the Emmit Till must be investigated and an equitable that enacting tax cuts would be equiva- murder trial in Mississippi, next to power sharing agreement must be lent to throwing money away. Issaquena County where his father was born found. and grandfather, Reverend James J. Diggs, Mr. Speaker, hard-working families I call upon the Clinton Administra- are losing touch with their children be- founded the Woodland Baptist Church. tion to provide leadership in the cause Charles was a staunch supporter of the Civil cause they must work two and three Rights Movement and wrote legislation sup- of democracy and human rights. The jobs just to pay the bills. Why should administration’s absence on this issue porting the movement. During his first four American families have to apologize to has been felt. years in Washington, he was assigned to the Washington bureaucrats for keeping To the forces of democracy in Cam- House Veterans Affairs Committee. He also some of their hard earned money? Most served on the House Interior and Insular Af- bodia, be assured that the world is fairs Committee promoting Statehood for watching. You do not stand alone in Americans would agree that buying Alaska and Hawaii. In 1959, he became the your quest for justice, for human groceries, paying the house mortgage first Black Member of Congress to serve on rights and for freedom. payment, taking a family vacation or the House Foreign Affairs Committee. One of just saving for their family’s future, is f the prime considerations at the time was to not throwing money away. authorize establishment of the Peace Corps. CONGRESS MUST RENEW FAST- Let us give American families a Because of his strong support, he later be- TRACK meaningful tax break. Let us give them came Chairman of the Subcommittee on Af- the opportunity to use their money on rica. (Mr. BARRETT of Nebraska asked Congressman Diggs attended all the Demo- and was given permission to address their family. cratic National Conventions beginning in the House for 1 minute and to revise f Chicago in 1957. He traveled throughout the and extend his remarks.) NATURAL DISASTER RELIEF U.S.A. speaking on behalf of the Kennedy/ Mr. BARRETT of Nebraska. Mr. Johnson ticket. In 1969–1970, he was the NEEDED FOR SYRACUSE AND Speaker, shortly the House may help CENTRAL NEW YORK founding Member and first Chairman of the bring around a better future for Amer- Congressional Black Caucus. In 1973, he be- ican agriculture when we vote to ex- (Mr. WALSH asked and was given came the Chairman of the House District tend fast-track negotiating authority. permission to address the House for 1 Committee and in less than a year, he per- minute and to revise and extend his re- suaded Congress to grant District citizens The best way to secure a better eco- the right to elect their own Mayor and City nomic future for agriculture is to ex- marks.) Council for the first time in over a century. pand our export markets overseas. Mr. WALSH. Mr. Speaker, Monday Home Rule, the establishment of the Univer- With just 4 percent of the world’s popu- morning, Labor Day, about 1 a.m., my sity of the District of Columbia, the Fred- lation, U.S. agriculture must export in family and I awoke to a storm of such erick Douglas Home designation as a Na- order to remain a viable industry. magnitude and destruction that I have tional Historical Site are all chiefly the re- Nearly one-half of the wheat produce in not witnessed in my 50 years in my sults from that Committee and his Chair- this country is exported. Thirty per- hometown of Syracuse. When it abated, manship. two were killed, dozens were injured, Congressman Diggs is a double life member cent of the feed grains and cotton is ex- of the NAACP, and a member of the ported. There are estimates that 47 per- with millions of millions of dollars of Tuskegee Airmen, East Coast Chapter and, cent of our soybean crop will be ex- property damage to homes and busi- has received numerous awards and recogni- ported. One out of every three acres we nesses. tions. His congressional papers were given to plant in this country is dedicated to The next morning I toured the city Howard University’s Moorland-Spingarn Re- exports. with Governor Pataki, Mayor Bernardi search Center. In Detroit, he was a member That is why Congress must dedicate and County Executive Pirro, and was of Hartford Memorial Baptist Church. In itself to step boldly into world trade absolutely amazed at the power and 1986, he became a member of Ebenezer the breadth and the destruction of the A.M.E. Church in Fort Washington, Mary- negotiations next year. Congress must land, where he accepted Christ as his per- work with the administration to get storm. That morning also I spoke with sonal Savior and maintained strong religious lower foreign tariffs for agriculture James Lee Witt, the highly competent ties until his death. goods; stop or limit the use of foreign director of FEMA, who had been in dis- Congressman Charles C. Diggs, Jr., is sur- trading enterprises used to block or un- cussions with our State Director, Mr. vived by his wife of 15 years, Darlene Expose derbid our U.S. exports; stopping the Jacobi, and I urged him, as I did Presi- Diggs; six children: Charles C. Diggs, III, use of sanitary and phytosanitary dent Clinton in a letter the following Denise Diggs Taylor, Alexis Diggs Robinson, measures to block U.S. exports; and to day, to please hurry as quickly as pos- Douglass J. Diggs, Carla Diggs, and Cindy sible to make the determination nec- Carter Diggs; 13 grandchildren: Charles IV, increase foreign tariff rate quotas. Nicole, Diamond, Dorian, Dominic, Itta, Jua- Mr. Speaker, fast-track is a no- essary to declare Syracuse, central nita, Marshall, Alexandria, Ryan, Evan, Jon- brainer for American agriculture. Pass New York and nine other counties a athan, and Jacqueline; and a host of rel- fast-track. Federal disaster area. atives and friends. f f f AMERICAN FAMILIES NEED FULFILLING THE RESPONSIBIL- VIOLENCE IN CAMBODIA MEANINGFUL TAX RELIEF ITIES OF THE CONSTITUTION (Mr. GILMAN asked and was given (Mr. GIBBONS asked and was given (Mr. BLUNT asked and was given permission to address the House for 1 permission to address the House for 1 permission to address the House for 1 September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7611 minute and to revise and extend his re- nounced policy of January 7, 1997, and So impeachment is the proceeding marks.) under a previous order of the House, that this body goes about beginning Mr. BLUNT. Mr. Speaker, today we the following Members will be recog- today. It is not about polls, it is not took the first vote in what may be a se- nized for 5 minutes each. about partisanship, it is not about per- ries of votes on how we deal with our f sonal opinion. It is about whether a constitutional responsibility. It was an Under a previous order of the House, standard has been crossed, a threshold important vote, because it was a vote the gentleman from Michigan (Mr. has been reached, that requires this to be fully inclusive, not only of every CONYERS) is recognized for 5 minutes. body, the House, to issue articles of im- Member of the House, but to be as in- (Mr. CONYERS addressed the House. peachment, that then begin in effect a clusive as possible of every American. trial in the United States Senate. At this critical time for our country, His remarks will appear hereafter in the Extension of Remarks.) With the resolution that passed being open with the American people, today, and which I voted for, to receive f giving them a report that they paid the the report, to make it public, I now and bill to produce, letting them reach The SPEAKER pro tempore. Under a 434 other Members of this House be- their conclusions, as we reach our con- previous order of the House, the gen- come in effect grand jurors, because stitutionally required conclusion, is an tleman from California (Mr. RIGGS) is our responsibility is to determine incredibly important thing to do. recognized for 5 minutes. whether there is probable cause to vote The job of the Congress is to do what (Mr. RIGGS addressed the House. His the Constitution requires. The job of articles of impeachment that the Sen- remarks will appear hereafter in the the Congress is to do what the Con- ate then takes up. That requires under Extensions of Remarks.) stitution requires and what is best for the Constitution that we weigh all the country. As the American people f facts and we measure whether the of- enter into that job with us, I know we SOLEMN CONSTITUTIONAL RE- fense is indeed grounds for impeach- want to be prayerful, not only for SPONSIBILITIES PLACED UPON ment. Members of Congress, but we want to CONGRESS I support making these documents public. The first report will be made be prayerful for President Clinton and The SPEAKER pro tempore. Under a his family and for the United States as public this afternoon, and then subse- previous order of the House, the gen- we do what the Constitution requires. quent reports after review by the Com- tleman from West Virginia (Mr. WISE) We are a system of law. mittee on the Judiciary. I would have is recognized for 5 minutes. f preferred, yes, that indeed the Presi- Mr. WISE. Mr. Speaker, I believe dent had been granted an opportunity OPPOSE PROPOSED REMOVAL OR that the greatest responsibility that a to review what is in the report, in the BREACHING OF DAMS Member of Congress can face is the same manner that this body has per- (Mr. NETHERCUTT asked and was question of whether or not to go to mitted review by other officials that given permission to address the House war, to commit men and women of this have been in similar situations in dis- for 1 minute and to revise and extend country to armed conflict. The next ciplinary actions. his remarks.) greatest responsibility after that is the Mr. NETHERCUTT. Mr. Speaker, I matter of impeachment of the Presi- b 1230 want to again voice my opposition to dent of the United States. With the de- If the choice is between making pub- the proposed removal or breaching of livery of the report by Kenneth Starr, lic and not making public, it should be dams on the Snake and Columbia Riv- the special prosecutor, to this body, made public. I just ask that all of us ers in Washington State. Some advo- that process of deliberation began, so a remember that this report is not a cate that these dams be destroyed in new set of rules, a new stage is set for guaranteed statement of fact; it is alle- an effort to restore wild salmon runs. the 435 Members of this House of Rep- gations by the special counsel, and I am concerned about recovery of resentatives, and it is every bit as sol- that the hearings that will be held will wild salmon runs, but I also believe emn and every bit as important and that we must not destroy our multiple flesh that out further, the extent to every bit as somber as those delibera- which they are valid, the extent to use river system that has been created tions that this body has had to make in over the past 40 years. I seek to imple- which they can be challenged, and that matters of war. Remember, it has only no one should be rushing to snap judg- ment a salmon recovery plan that is been several times in our Nation’s his- science-based, maintains a healthy en- ment in a serious moment like this. tory that we have been to this stage. This is the second time this century vironment for other fish and wildlife Mr. Speaker, I do not know at this that this process has taken place. This species, but balances the needs of our moment what are the allegations in cannot be a rush to judgment via polls local economy and our rural way of life the report that Mr. Starr delivered to or talk shows or whatever the public in the Northwest. the Congress. To my knowledge, per- whims are. There are serious environmental ef- haps just a few people know, and no So we approach this carefully and se- fects of replacing hydroelectric power one in this body knows. Soon the world riously with due deliberation and re- with fossil fueled generation. Dams are will know via the Internet. We will all flection. a clean and renewable energy resource. be reading and reviewing. To replace this source of electricity I do know that what the President f with natural gas fired turbines would has admitted to is wrong and distress- add thousands of tons of pollutants and ing. I do know that the allegations in ANNOUNCEMENT BY THE SPEAKER chemicals into the atmosphere annu- the report, which I have not seen, may PRO TEMPORE ally. We must examine all sources of fish be even more disturbing. There is no The SPEAKER pro tempore (Mr. loss. Ocean conditions, predator popu- excuse for the already-admitted errors SHIMKUS). The Chair must remind lations and over-harvesting on the in the President’s personal conduct, Members to avoid personal references river have yet to be fully addressed. and that is something I think that all to the President. It is no longer per- Salmon recovery can be accomplished Americans, including the President of missible to debate the information ad- using developing technology and sen- the United States by his very state- dressed by House Resolution 525. ments today, as well as in previous sible harvest limits. Damn removal f will irreversibly remove jobs, harm the days, concur in. The SPEAKER pro tempore. Under a economy and the environment, while That is not going to be the issue in previous order of the House, the gentle- the benefits to the salmon would re- front of this Congress and in front of woman from the District of Columbia main uncertain. this House of Representatives. The (Ms. NORTON) is recognized for 5 min- f issue will be somewhat the President’s personal conduct. The issue though, utes. SPECIAL ORDERS more significantly, is whether it is (Ms. NORTON addressed the House. The SPEAKER pro tempore (Mr. grounds for impeachment of the Presi- Her remarks will appear hereafter in SHIMKUS). Under the Speaker’s an- dent. the Extension of Remarks.) H7612 CONGRESSIONAL RECORD — HOUSE September 11, 1998 A TRIBUTE TO TWO OUTSTANDING Goldwater, and it was during an hon- Our President has made a mistake; he has CITIZENS FROM THE STATE OF est, open dialogue and discussion, lis- admitted as much himself. Our President has ARIZONA tening to citizens of Arizona when apologized to our country; the Congress, his The SPEAKER pro tempore. Under a John Cox leaned over to me and whis- family, and the other affected individuals and previous order of the House, the gen- pered in my ear, I have something for groups in this sad matter; he reiterated that tleman from Arizona (Mr. HAYWORTH) you that I would like you to have that just this morning. In the maelstrom of events is recognized for 5 minutes. I believe will mean far more to you. of the past few days, it is sometimes difficult Mr. HAYWORTH. Mr. Speaker, I rise Even though it has great meaning for to remember or recall exactly what the Presi- this afternoon in the wake of a momen- me, I know it will have far more of a dent has done for our country. For example: tous vote to discuss not what lies meaning to you. Our President has boosted the economy of ahead but to remember two who have Mr. Speaker, what John Cox gave me our nation. During President Clinton's term in gone before, from my great State of Ar- are the little replica of glasses I wear office, more jobs have been created, unem- izona. I first pay tribute this afternoon on my lapel just above my Congres- ployment has hit all-time lows, the stock mar- to Governor Jack Williams, a dedicated sional pin, glasses that symbolize alle- ket has spiraled to unprecedented highs, and public servant who served as Governor giance to Barry Goldwater in the 1964 the budget has been balanced. In Detroit, of Arizona during challenging times campaign. John Cox’s gesture bespeaks President Clinton was key in ensuring the es- from the mid-1960s on through the what is good about our political proc- tablishment of the Empowerment Zone, and in early 1970s, an effective leader, a true ess because in this chamber, even in sending millions of federal funds that will pro- public servant, who reminded us all these challenging days ahead, there vide for decent housing for senior citizens, that public service is not always equat- will be honest disagreements, sincerely better roads and safer bridges to drive on, and ed with public office. held, passionately stated. Our Found- improved access to health care for all. Jack Williams, for many years before ers experienced the same, in what Our President has helped to make our serving as Governor of Arizona, was a Catherine Drinker Bowen calls the Mir- streets safer. Under President Clinton, the City broadcaster. Mr. Speaker, his repeated acle at Philadelphia when they put to- of Detroit has received a significant increase broadcasts on KOY radio were a source gether the document which we swear to in police officers patrolling the beat and dedi- of inspiration and amusement to his uphold and defend and indeed whose cated to community-based policing. Under fellow Arizonans and every day he very presence we are mindful of today President Clinton, the Brady Law has kept at the outset of such momentous pro- would conclude his broadcast com- handguns out of over 20,000 potential felons. ceedings. mentary with a sign-off saying, ‘‘It is a Under President Clinton, the stronger assault The examples of John Cox and Jack beautiful day in Arizona. Let us all Williams suit all Americans. That is weapons ban has saved innumerable lives enjoy it.’’ and made the City of Detroit and our nation a Arizonans enjoyed unparalleled eco- why I pay tribute to them today and that is why they will not be soon for- safer place to live. nomic prosperity during the adminis- Our President has begun to provide invest- gotten. tration of Governor Jack Williams. He ment in Africa. President Clinton was the first f was a dedicated results-oriented leader, President in a generation to visit the land of all but more than that, he was one who lis- WE MUST BE FAIR AND NON-PAR- of our birth, Africa. He stood in the dome of tened to all Arizonans, one who never TISAN IN JUDGING OUR PRESI- the site where perhaps my ancestors were developed the trappings or the arro- DENT taken in chains to the United States. President gance of office; instead, always dedi- The SPEAKER pro tempore. Under a Clinton has fostered and used the strength of cated himself to the ideals of true pub- previous order of the House, the gentle- his office to ensure that Congress and private lic service, whether as a broadcaster or woman from Michigan (Ms. KIL- industry include Africa on its list of inter- later a mayor or finally as governor of PATRICK) is recognized for 5 minutes. national development and investment. the great State of Arizona. Ms. KILPATRICK. Mr. Speaker, twenty In closing, let me repeat that I do not con- Because of Governor Williams’ ef- months ago, Members of the 105th Congress done the actions to which the President has forts, we remember him today and we took our collective oaths of office. In that oath, admitted. While we all strive for perfection and can honestly say, there is a great fu- we have sworn to uphold and defend the Con- purity, there is not a single soul who is perfect, ture for Arizona. Let us all enjoy it. stitution of the United States. As such, it is not clean or untarnished. The President has Mr. Speaker, despite the fact that our option, but our obligation to the American apologized for the errors of his ways. those in the punditocracy in the light people to deliberate the issues and informa- While I understand that impeachment is of current events and other procedures tion that are presented before us in hearings, second only to declaring war in Constitutional would say that the culture of Washing- Committee mark-ups, or during floor debate, importance, Congress still has work to do. We ton has somehow denigrated, has some- and weigh them in an unbiased and clear have not solved the problem of those senior how deteriorated, until the politics of fashion before voting on the issue of the day. citizens, unemployed persons or the poor who personality, I would make this observa- Our votes on items both mundane and vital go to the hospital and cannot afford health in- tion, for I rise today also to remember must come in a context of what is best for our surance. We have not solved the problem of another Arizonan, not a member of my respective constituencies and our nation. those persons who have mental illness and party, not one who subscribed to the Today, Congress voted to release the Re- wander our nation's streets. We have not conservative philosophy to which I ad- ferral from the Office of the Independent solved the problem of our crumbling and dete- here, but one who I believe needs to be Counsel. Like my colleagues, I soberly await riorating elementary, secondary and high recognized. His name was John Cox. He its arrival to my office. I promise my constitu- schools. We have not solved the problem of aspired to service in this chamber and, ents, the residents of the great State of Michi- our frayed social safety net. It is important that Mr. Speaker, just last week, he passed gan, and the citizens of our country, that I will Congress seriously weigh and analyze this re- away, even as he had made plans again read, analyze, and review this report, like all of ferral, but not neglect the people's business. to challenge my good friend and col- the bills and reports that come before me, with We have tough decisions to make; the consid- league, the gentleman from Arizona great care. While it would be sheer folly of me eration of this referral should not, and must (Mr. SALMON) in the First Congres- to arrive at any conclusion before I have had not, push the concerns of our senior citizens, sional District of Arizona. the opportunity to review the record from the working families, and the poor aside. John Cox was not a man with whom Independent Counsel and its rebuttal by the f I agreed but, Mr. Speaker, he was a Executive Branch, I would like to use this op- man whose company I enjoyed. Indeed, portunity to make one thing clear: our Con- FAREWELL TO SYDNEY SEAWARD the last time we had a chance to get stitution demands that we provide a fair and The SPEAKER pro tempore (Mr. SHIMKUS). together was at one of the great pro- non-partisan venue for the consideration of im- Under a previous order of the House, the gen- grams that has been run nationally, peachment. Regrettably, the resolution that tlewoman from Texas (Ms. JACKSON-LEE) is where Americans got together to dis- was voted on today did not provide that con- recognized for 5 minutes. cuss the future of Social Security. sideration. It is my sincere hope, wish and de- Ms. JACKSON-LEE of Texas. Mr. Speaker, That meeting was scheduled in the Val- sire that from this point onward, Congress acts in coming to this House, there are many times ley of the Sun in the days immediately in a way in which the founding fathers not just that we talk about issues of State, sometimes following the passing of Senator Barry desired, but decreed. issues of war. But maybe it makes us more September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7613 human to come and discuss friends that we what is known as Whitewater. Well, at least 3 people were killed when Indo- will miss. So even after this day of vigorous some of us know what it is in the inde- nesian armed forces fired on a crowd of debate, reaffirming the Democratic tenets of pendent counsel’s report. Indications pro-independence demonstrators on the this Nation, I come this afternoon to pay trib- are that after 4 years of investigations Island of Biak. ute to a fallen personality, one respected and and $40 million of taxpayers’ money, no Since 1962, Mr. Speaker, the people of admired by her Houston community, and that crimes related to Whitewater were West Papua have been under the occu- is Sydney Seaward, one of the anchors of committed by the President. pying authority of Indonesia. Over the Channel 51, coming to that station in 1993. So how did we get from there to past 3 decades the use of excessive and Someone on the national level might not where we are today? The independent lethal force has been a feature of the have heard of Ms. Seaward. One did not see counsel took it upon himself to expand Indonesian armed forces’ response to her on the national 6 o'clock news. She did his investigation to allegations pre- both peaceful and armed opposition by not reach CNN. She was a local anchor. But sented to him that the President had the people of West Papua. her cause and her personality deserve tribute an extramarital affair. With tapes in b 1245 in this body. She was an American in the true hand, he went to the Attorney General The recent events in West Papua sense of the word, for she never said never. asking for authority to continue to ex- have only served to underscore the bru- She died recently of cancer, but the cancer pand his investigation, which she tality with which the aspirations of the became a challenge to educate, to embrace granted. Today we have a report within West Papuan people are being sup- life, to teach others, to not give up. our jurisdiction, and I fail to see why She touched me in a special way. Beyond pressed by the new regime which took we are in such a rush to release it with- power after the resignation of Presi- her responsibilities as a news person, she al- out giving the President— ways gave me the sense that she would, in dent Suharto. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. Speaker, the recent violence of fact, survive. A coworker said that everyone The SPEAKER pro tempore. The gen- enjoyed Sydney, and of course, some would the Indonesian government against the tleman will suspend. people of West Papua is part and parcel say that that word is used like ``nice.'' But The gentleman must be reminded frankly, if it is said in earnestness, it means of a long history of Jakarta’s oppres- that there should be no references to sion. Papuan people are not Indo- something. The coworker said, she was a nice the President or personal allegations in part of the day. She made people's days. She nesians, they are Melanesians. Their any debate or discussions on the floor country is not naturally a part of Indo- took time to personally talk to people and hear of the House. them out. She was, in fact, a leader in her nesia, which is more than 2,300 miles The gentleman may proceed. away across the ocean, with many is- trade. Most of all, she was sensitive and she Mr. FALEOMAVAEGA. Mr. Speaker, was willing to overcome her own doubts. land nations in between. West Papuan I believe I was saying it in the third languages, religions, history, identity, When this disease was diagnosed her first re- person; I was not making it directly to sponse I imagine was disbelief and turning in- and customs are their own, and bear no any person in particular. relation whatsoever to the rest of Indo- ward, until she realized that she could play a The SPEAKER pro tempore. If the special role in educating women and the com- nesia. gentleman will suspend, references or These two nations were cobbled to- munity about cancer, its devastation, but also inferences are not to be made on the gether in 1969 to serve the foreign pol- one's ability to survive. floor of the House and should be avoid- For that reason, Mr. Speaker, I come to sa- icy interests of our own Nation and its ed. The gentleman may proceed. ally, Indonesia. Indonesia took over lute Sydney Seaward for what she has done Mr. FALEOMAVAEGA. Mr. Speaker, for our community, but, in fact, how she exem- West Papua New Guinea in 1963, sup- such an approach seems fair to me, and pressing the West Papuan New Guinea plifies what America is all about. It is, in fact, I regret that the rule being offered the can-do attitude. It is, in fact, the recogni- dreams of freedom and self-determina- today does not offer that consideration tion. There was no natural reason for tion that we live in the most wonderful Nation to the President. in the world. With all of its ills, with all of our this union, so it should come as no sur- INDONESIA’S HUMAN RIGHTS VIOLATIONS disagreements, we can embrace the right that prise that it is unraveling. AGAINST THE PEOPLE OF WEST PAPUA Since Indonesia took over West we live in freedom. Mr. Speaker, once again I would like Papua New Guinea, the native people Sydney Seaward exemplified the fact that to call the attention of my colleagues she was proud to be an American. She took have suffered under one of the most re- to an ongoing struggle presently being her lumps along with her successes. She took pressive and unjust systems of colonial waged many miles away in the Pacific her downs with her ups. She took her good occupation in the it 21st century. The by the people of West Papua New Guin- days with her bad days. She took her sunny Indonesian government has waged an ea, or Irian Jaya, as it is known by the days with her rainy days. And she said to us, ongoing war against the ‘‘Free Papua Indonesian government. In July, the whatever comes your way, remember, we are movement’’ and their supporters since attention of the world was focused, all blessed to be living in freedom, we are all the 1960s. The civilian populace that however briefly, on the immense trag- blessed to have the opportunity to fight what- has objected to Indonesia’s plans for edy caused by the Tsunami which ever we can fight to survive, and we are all development in West Papua has suf- caused the devastation of the coastal blessed to have been able to walk this way, to fered similar oppression. Mr. Speaker, incredible as it may have touched someone, and Sydney Seaward villages of Papua New Guinea. In the western half of the same is- seem, estimates are that between clearly touched our lives. Sydney, farewell. Thank you for all that you land, some miles away, agonies of an- 100,000 to 300,000 indigenous Melane- have done, and may you rest in peace. other sort were being experienced by sians, West Papuan New Guineans, f the people of Papua New Guinea. It is have been killed or have simply van- not my intent, Mr. Speaker, to detract ished from the face of the earth during SPECIAL COUNSEL INVESTIGATION in any way from the horror and the the years of Indonesian occupation. I BLATANTLY UNFAIR misery inflicted on the people of Papua hope my colleagues will appreciate the The SPEAKER pro tempore. Under a New Guinea by the disaster which suppression and the problems the West previous order of the House, the gen- wiped out their coastal villages. Rath- Papuan New Guineans are now going tleman from American Samoa (Mr. er, my concern is that we should not through with the Indonesian govern- FALEOMAVAEGA is recognized for 5 min- forget the devastation wrought by our ment. utes. own fellow human beings. Mr. Speaker, once again I would like to call Mr. FALEOMAVAEGA. Mr. Speaker, Mr. Speaker, I have spoken on pre- the attention of my colleagues to an on-going I wanted to take a moment today to vious occasions about the history of struggle presently being waged many miles express my feeling for the whole proc- the people of West Papua and about away in the Pacific by the people of West ess of the special counsel’s investiga- their struggle for independence from Papua, or Irian Jaya as it is known by the In- tion of the President for the past 4 Indonesia. On July 3, Indonesian armed donesia Government. In July, the attention of years that got us where we are today, forces fired on pro-independence dem- the world was focused, however briefly, on the and that is that it is blatantly unfair. onstrators at a university in Jayapura, immense tragedy caused by the Tsunami Mr. Speaker, 4 years ago the inde- the Capital of West Papua. On July 6, which devastated the coastal villages of pendent counsel began investigating more than 100 people were wounded and Papua New Guinea. H7614 CONGRESSIONAL RECORD — HOUSE September 11, 1998 In the western half of the same island, some to Indonesia's plans for development in West not serve on this, but the chairman in- miles away, agonies of another sort were Papua has suffered similar oppression. The vited me to listen, and I heard some of being experienced by the people of West thousands of killings associated with the ex- the witnesses. I think we all agree that Papua. It is not my intent, Mr. Speaker, to de- pansion of the freeport copper and gold mines the goal should be to find a way to help tract in any way from the horror and the mis- in West Papua are testimony to the brutality of Russia, but more importantly, what ery inflicted on the people of Papua New the Jakarta central government. has gone wrong with Russia’s economy, Guinea by the disaster which wiped out their Incredible as it may seem, Mr. Speaker, es- and how has the IMF’s policies affected coastal villages. Rather, my concern is that in timates are that between 100,000 to 300,000 the current economic state of Russia? the midst of the devastation wrought by nature indigenous West Papuans have been killed or As I have mentioned numerous times we should not forget the devastation wrought have simply vanished from the face of the in the past here on the floor, the eco- by our fellow human beings. Earth during the years of Indonesian occupa- nomic dilemmas in Asia, in Russia, are We can only respond after the fact to the tion. And this pattern of annihilation is being not due necessarily to excess capital- devastation brought by a Tsunami. We have continued by the regime of Mr. Habibie, de- ism but to the lack of controls, the the opportunity to respond with more imme- spite initial promises of reform. lack of policing in these nations, and diacy to the devastation which is caused by The current Government of Indonesia con- truly, not putting in place a free mar- our fellow human beings. tinues to choose a policy of repression, a pol- ket system. Mr. Speaker, I have spoken on previous oc- icy which disregards the rights of the indige- There is a great book by Michael casions about the history of the people of nous people of West Papua. Mr. Speaker, the Novak called The Spirit of Democratic West Papua and about their struggle for inde- tragic situation in West Papua is of great con- Capitalism. Mr. Novak talks about how pendence from Indonesia. On July 3rd, Indo- cern to me. The recent shooting over the pro- the need for successful capitalism in nesian Armed Forces fired on pro-independ- independence demonstrations in Jayapura and countries depends upon a culture, a ence demonstrators at a university in on the island of Biak, the violent responses culture of honesty and a culture in Jayapura, the capital of West Papua. On July which we have seen to pro-independence which, if honesty is not in place, the 6th, more than 1000 people were wounded demonstrations in towns and cities all across government polices it and makes sure and at least three people were killed when In- West Papua indicate that this new regime is corruption does not exist. It also talks donesian Armed Forces fired on a crowd of prepared to continue the repression of the about democracy, the freedom of a Na- pro-independence demonstrators on the island past. tion to elect its leaders, and it talks of Biak. One half of Papua New Guinea is still reel- about ownership of property. Both of these demonstrations were peace- ing from the worst natural disaster to hit the is- These three components make up ful, Mr. Speaker. They expressed the desire of land in recent memory. Whole villages and the every successful Nation that deals in the people of West Papua for a just resolution lives of the people in them have been com- the area of capitalism. But in this case, to the matter of their political status. Human pletely obliterated, wiped off the face of the Russia does not have in place a polic- Rights Watch has called for a full investigation Earth. In the other half of the same island, the ing system to stop corruption. into the shootings in Biak, where 140 citizens people of West Papua are suffering another Let me quote from Jim Hoagland, have been detained by the government and form of devastation. Their identity as a people who did an article entitled ‘‘Russia, a where there are reports that wounded detain- is being obliterated by a brutal regime thou- System that Prevailed and Failed.’’ He ees are being denied medical care and that sands of miles away. said, ‘‘The fundamental problem in I would hope that all my colleagues would their families are not being allowed to visit Russia, Indonesia, Malaysia, and else- join me in urging the Indonesian Government them. where was not that they went too far to cease these violations of human rights and Since 1962, the people of West Papua have in adopting American style capitalism, instead take immediate steps to review the po- been under the occupying rule of Indonesia. but these nations did not go far litical status of West Papua. The new regime Over the last three decades the use of exces- enough.’’ in Indonesia has an opportunity to correct the sive and lethal force has been a feature of the Then he went on later to talk about mistakes of the past, not repeat them. It Indonesian Armed Forces' response to both Russia, and he said, ‘‘Russia dem- seems to me that we have an obligation to peaceful and armed opposition. The recent onstrates the perils of trying to skim lend our support to this effort, and I urge my off the cream of a globalized economy events in West Papua have only served to un- colleagues to protest in the strongest possible without adopting the checks and con- derscore the brutality with which the aspira- terms these continuing violations of basic trols needed to restrain human appe- tions of the West Papuan people are being human rights by the new Government of Indo- tites and ambitions. Lacking in Russia suppressed by the new regime which took nesia. and Asia was an appreciation of the power after the resignation of President f Suharto. open and fair competition needed to Mr. Speaker, the recent violence by the In- THE INTERNATIONAL MONETARY police capitalism and to make it donesian Government against the people of FUND AND RUSSIA work.’’ West Papua is part and parcel of a long his- The SPEAKER pro tempore (Mr. That is the key. ‘‘Since its 1991 revo- tory of Jakarta's oppression. Papuan people SHIMKUS). Under a previous order of the lution, Russia has not developed a risk- are not Indonesian, they are Melanesian. Their House, the gentleman from Florida based entrepreneurial market econ- country is not naturally a part of Indonesia, (Mr. STEARNS) is recognized for 5 min- omy, and its institutions, to allocate which is more than 2,300 miles awayÐacross utes. rewards and pain through the effi- the ocean, with many island nations in be- Mr. STEARNS. Mr. Speaker, this ciency of the marketplace.’’ That has tween. West Papuan languages, religions, his- afternoon I come to the House floor to not been in place. tory, identity and customs are their own, and talk about the international money Mr. Speaker, not only have Russia’s bear no relation to those of Indonesia. fund and Russia. I think many of us are leaders failed in developing a free mar- These two nations were cobbled together in very deeply concerned about what is ket system, they have allowed pure, 1969 to serve the foreign policy interests of happening in Russia, and there have all-out corruption to guide Russia, and the United States and its ally Indonesia. Indo- been calls in the land to have Ameri- allowed the corrupters to steal billions nesia took West Papua in 1963, suppressing cans continue funding the inter- of dollars to create their own criminal the West Papua people's dreams of freedom national money fund, and the inter- fiefdoms. Official Russian corruption is and self-determination. There was no natural national money fund should help bail unmatched anywhere in the world. reason for this union, and so it should come out Russia. Experts say Russia is being plundered as no surprise that it is unravelling. But I come here this afternoon to through the sale of its natural re- Since Indonesia took over West Papua, the talk about what we really should do. sources. In a typical scheme, a seller, native Melanesian people have suffered under Secretary of Treasury Robert Rubin aided by corrupt officials, sells Russian one of the most repressive and unjust systems was quoted recently as saying, ‘‘At this commodities overseas for higher prices of colonial occupation in the twentieth century. point, we don’t have a Russian eco- than he reports to the government, and The Indonesian military has waged an on- nomic team. We don’t have a Russian pockets the difference. going war against the ``Free Papua Move- economic plan.’’ A Russian scholar compared reports ment'' (OPM) and their supporters since the That is unbelievable. We had, in the of such sales filed with the Russian 1960s. The civilian populace that has objected subcommittee, a hearing on this. I did government with known market prices September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7615 of the same commodities. His findings the quality of life for all of the citizens and his four grandchildren, and he was are related on the chart that I have of Gaithersburg, and he made us very devoted to his mother, Juanita. here on the floor, Mr. Speaker. The dif- proud. We were very proud to be part of one ference in the chart represents the Ed was very proud that Gaithersburg of the many things that Ed and Sharon amount believed to have been stolen. was a very fiscally solvent city. He was did in the community. They had a holi- When we talk about crude oil, petro- a Republican, but he was a Republican day tradition where he and Sharon leum products, natural gas, and alu- who was bipartisan, in fact nonpartisan would serve members of the commu- minum, you can see the estimated ille- in working with businesses, elected of- nity at their home at a breakfast, and gal profits from commodity sales in ficials, organizations to serve all the they had the traditional pancakes pre- Russia. For 1995 alone, the estimated people. pared by his mother, Juanita. illegal profits from the sale of crude oil His vision led to the establishment of Ed’s loss leaves a void, particularly were $828 million, $1.5 billion in petro- the Wells Robertson house for transi- in the lives of his family. We offer our leum products, $1.2 billion in natural tional homeless, in response to a prob- prayers for Sharon, Paige, Patrick, his gas, and $900 million in illegal profits lem of homeless in Gaithersburg, giv- mother, Juanita, his sisters, grand- from aluminum sales. All told, the ing them the opportunity to prepare children, and all the family. Russian government lost $4.4 billion in for jobs and for transitioning into the At the memorial service on August revenue in 1995. city beyond the homeless shelter. 31, reflections on the life of Ed Bohrer With these facts of how Russia has been He established effective antidrug pro- were offered by Sidney Katz, Gaithers- plundered, how can the Clinton Administration grams. He was very much involved burg city council member; Roy Green, and the IMF continue to justify propping up the with the revitalization of the Gaithers- his brother-in-law; his son, Patrick failed Russian government by demanding burg Old Town, and he established Gai- Bohrer; the Board Chairman of the Ad- more money from hard-working U.S. tax- thersburg as a ‘‘character counts’’ city, ventist Health Care, Ron Wisbey; Te- payers. We have seen that the recent Russian a model for the Nation. We will sorely resa Wright, a community representa- bailout by the IMF amounting to $22.6 billion miss the beloved mayor, whom I called tive. I also had the honor of offering has been a failure. endearingly ‘‘Mr. Gaithersburger- some reflections. The IMF should suspend any additional pay- meister.’’ ments to Russia immediately and until there Most of all, we remember Ed Bohrer, b 1300 can be a consensus built whether any addi- the man. Each of us who knew him in What was so special was that the eu- tional funding would actually do any good for some way has been touched in a very logy was given by his wife. And it was Russia. Congress should continue withholding special, personal way by Ed Bohrer. We so filled with the warmth, enthusiasm, any additional funding to the IMF itself until have called him a mentor, because he humor, and compassion that character- Congress can determine if the IMF is increas- guided, helped, and cared. We recall his ized Ed, we all felt that he was there. ing the ``moral hazard'' by continuing its bail- pride and involvement on the athletic Everyone was deeply moved. outs. fields, cheering the young people. We Sharon stated she was following Ed’s Let me close, Mr. Speaker, by saying can almost see him now, wearing his request to deliver the eulogy. the IMF should suspend funding until hallmark outfit: loafers and no socks I stress that Ed Bohrer personified we find out how to stop corruption, and and chino pants. We were his class- the pillars of ‘‘Character Counts.’’ In in fact, Congress should not give fund- mates, his neighbors, his letter car- Congress we have a resolution encour- ing to the IMF until it understands riers, his school crossing guards, his aging States and localities to become how the IMF works in Russia. community police. We all knew that we ‘‘Character Counts’’ cities, States, and f were part of his leadership, his com- jurisdictions. Gaithersburg’s commit- mitment to community service. TRIBUTE TO ED BOHRER ment shows its effectiveness. Ed Bohrer was unpretentious with a Those pillars of ‘‘Character Counts’’ The SPEAKER pro tempore. Under sense of humor and a sense of values. are Respect, trustworthiness, fairness, the Speaker’s announced policy of Jan- He was loyal to his friends. He was a citizenship, caring and responsibility. uary 7, 1997, the gentlewoman from man of his word who believed passion- And, indeed, in this day when public Maryland (Mrs. MORELLA) is recognized ately that public service meant helping servants are judged not only by accom- for 60 minutes as the designee of the others. plishments but by character, Ed Bohrer majority leader. On August 30th, which was the eve of was truly a role model. Mrs. MORELLA. Mr. Speaker, on his funeral service, Ed lay in state in I talked with Ed on the phone at the Labor Day the city of Gaithersburg, the hallowed sanctuary of his church, hospital a few days before he passed which is the second largest city in my Epworth United Methodist Church in away. His wife, Sharon, had just congressional district, celebrated its Gaithersburg, Maryland. Well over washed his hair. He was filled with traditional Labor Day parade, one of 1,400 people passed through to pay trib- hope. I told him that I loved him, and the biggest parades in the State, and I ute to this man that they remembered I said that for all of us who knew him. would venture, probably in the region. so endearingly. Thornton Wilder wrote, ‘‘There is a It was the 60th parade. It was very appropriate because he land of the living and a land of the The parade was dedicated to the truly lived the prayer of the founder of dead, and the bridge is love—the only mayor, Ed Bohrer, who on August 27 at Methodism, John Wesley: ‘‘to do all the survival and the only meaning.’’ age 58 died suddenly. He was there in good you can, in all the places you can; Ed Bohrer will be missed, but he will spirit. I pay tribute to Ed Bohrer. in all the ways that you can; for as certainly live on in love and is our in- Ed Bohrer was a man of Gaithers- long as you can.’’ Pastor Reverend spiration. ‘‘We thank you, Ed.’’ burg, born and bred. He lived and loved Green in his homily celebrated the life in the town that he knew so well, and legacy of Ed Bohrer by citing ex- f where everyone knew each other and amples of his faith in his actions. everyone cared. He loved his native Ed Bohrer was a family man. He SPECIAL ORDERS GRANTED Gaithersburg, and he enthusiastically knew the values of family. I remember By unanimous consent, permission to nurtured his town into a community his pride when his wife, Sharon, grad- address the House, following the legis- which has become the second largest uated from Columbia Union College, lative program and any special orders city in the State of Maryland. when the children were adults. She was heretofore entered, was granted to: He was first elected mayor in 1986, getting a graduate degree, and in fact, (The following Members (at the re- after he had already served 10 years on I was the speaker. quest of Mrs. MEEK of Florida) to re- the Gaithersburg city council. He was a He and Sharon gave their children, vise and extend their remarks and in- man who truly believed in the people of Paige and Patrick, a loving home. clude extraneous material:) Gaithersburg. He was committed to his They have reflected in their lives that Mr. CONYERS, for 5 minutes, today. community, and he exhibited honor inspiration. He encouraged his son Mr. WISE, for 5 minutes, today. and integrity in all that he did. His Pat’s dedication to a law enforcement Ms. NORTON, for 5 minutes, today. leadership and achievements enhanced career. He was filled with joy for Paige Ms. KILPATRICK, for 5 minutes, today. H7616 CONGRESSIONAL RECORD — HOUSE September 11, 1998

Mr. OWENS, for 60 minutes, today. EXECUTIVE COMMUNICATIONS, 10842. A communication from the President (The following Members (at the re- ETC. of the United States, transmitting a request to Congress to consider expeditiously the re- quest of Mr. HAYWORTH) to revise and Under clause 2 of rule XXIV, execu- extend their remarks and include ex- quest for $3.25 billion in FY 1998 contingent tive communications were taken from emergency funding for year 2000 (Y2K) com- traneous material:) the Speaker’s table and referred as fol- puter conversion activities; (H. Doc. No. Mr. STEARNS, for 5 minutes, today. lows: 105—306); to the Committee on Appropria- Mr. MCINNIS, for 5 minutes, on Sep- 10833. A letter from the Administrator, Ag- tions and ordered to be printed. tember 14. ricultural Marketing Service, transmitting 10843. A communication from the President Mr. HAYWORTH, for 5 minutes, today. the Service’s final rule—Pork Promotion, of the United States, transmitting a report (The following Member (at the re- Research, and Consumer Information Order- on developments concerning the national quest of Ms. JACKSON-LEE) to revise Decrease in Importer Assessments [No. LS– emergency with respect to terrorists who and extend his remarks and include ex- 98–004] received September 3, 1998, pursuant threaten to disrupt the Middle East peace to 5 U.S.C. 801(a)(1)(A); to the Committee on process that was declared in Executive Order traneous material:) Agriculture. 12947 of January 23, 1995, pursuant to 50 Mr. FALEOMAVAEGA for 5 minutes, 10834. A letter from the Congressional Re- U.S.C. 1641(c); (H. Doc. No. 105—302); to the today. view Coordinator, Animal and Plant Health Committee on International Relations and Inspection Service, transmitting the Serv- f ordered to be printed. ice’s final rule— Animal Welfare; Marine 10844. A communication from the President EXTENSION OF REMARKS Mammals, Swim-with-the-Dolphin Programs of the United States, transmitting a continu- [Docket No. 93–076–10] (RIN: 0579–AA59) re- ation of the national emergency declared by By unanimous consent, permission to ceived September 2, 1998, pursuant to 5 Executive Order 12924 of August 19, 1994, to revise and extend remarks was granted U.S.C. 801(a)(1)(A); to the Committee on Ag- deal with the threat to the national security, to: riculture. foreign policy, and economy of the United (The following Members (at the re- 10835. A letter from the Legislative and States caused by the lapse of the Export Ad- Regulatory Activities Division, Comptroller ministration Act of 1979, pursuant to 50 quest of Mrs. MEEK of Florida) and to of the Currency Administrator of National U.S.C. 1641(c); (H. Doc. No. 105—303); to the include extraneous matter:) Banks, transmitting the Office’s final rule— Committee on International Relations and Mr. KIND. Extended Examination Cycle for U.S. ordered to be printed. Mr. ACKERMAN. Branches and Agencies of Foreign Banks 10845. A communication from the President Mr. LEVIN. [Docket No. 98–11] (RIN: 1557–AB60) received of the United States, transmitting a report Mr. HALL of Ohio. September 2, 1998, pursuant to 5 U.S.C. on the status of efforts to obtain Iraq’s com- Mr. GORDON. 801(a)(1)(A); to the Committee on Banking pliance with the resolutions adopted by the and Financial Services. Ms. PELOSI. U.N. Security Council, pursuant to Public 10836. A letter from the General Counsel, Law 102—1, section 3 (105 Stat. 4); (H. Doc. Mr. BENTSEN. Department of Housing and Urban Develop- No. 105—304); to the Committee on Inter- (The following Members (at the re- ment, transmitting the Department’s final national Relations and ordered to be printed. quest of Mr. HAYWORTH) and to include rule—Replacement Housing Factor in Mod- 10846. A communication from the President extraneous matter:) ernization Funding [Docket No. FR–4125–F– of the United States, transmitting notifica- Mr. CAMP. 02] (RIN: 2577–AB71) received September 2, tion to Congress that the security of the Mr. THOMAS. 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Albaina Embassy in Tirana has been en- Committee on Banking and Financial Serv- Mr. FRELINGHUYSEN. hanced; (H. Doc. No. 105—307); to the Com- ices. Mrs. ROUKEMA. mittee on International Relations and or- 10837. A letter from the Director, Office of dered to be printed. Ms. PRYCE of Ohio. Regulatory Management and Information, 10847. A communication from the President Mr. GILMAN. Environmental Protection Agency, transmit- of the United States, transmitting notifica- Mr. BOB SCHAFFER of Colorado. ting the Agency’s final rule—Modification of tion of the U.S. strikes in Afghanistan (The following Members (at the re- Significant New Use Rules for Certain Sub- against a series of camps and installations quest of Mrs. MORELLA) and to include stances [OPPTS–50631A, etc; FRL–6019–2] used by the Usama bin Ladin organization, extraneous matter:) (RIN: 2070–AB27) received August 25, 1998, and in Sudan where the bin Ladin organiza- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. BAESLER. tion has facilities and extensive ties to the mittee on Commerce. government; (H. Doc. No. 105—308); to the Ms. HARMAN. 10838. A letter from the AMD-Performance Committee on International Relations and Mr. GILLMOR. Evaluation and Records Management, Fed- ordered to be printed. eral Communications Commission, transmit- Mr. KLECZKA. 10848. A communication from the President ting the Commission’s final rule—Examina- Mr. HILLEARY. of the United States, transmitting notifica- tion of Current Policy Concerning the Treat- tion to Congress that a Joint Task Force of f ment of Confidential Information Submitted U.S. military personnel from U.S. Central to the Commission [GC Docket No. 96–55] re- Command deployed to Nairobi to coordinate SENATE ENROLLED BILL SIGNED ceived September 2, 1998, pursuant to 5 the medical and disaster response assistance U.S.C. 801(a)(1)(A); to the Committee on The SPEAKER announced his signa- arriving in Kenya and Tanzania; (H. Doc. No. Commerce. ture to enrolled bills of the Senate of 105—309); to the Committee on International 10839. A letter from the Acting Director, Relations and ordered to be printed. the following titles: Office of Sustainable Fisheries National Ma- 10849. A letter from the the Kenneth W. S. 1683. An act to transfer administrative rine Fisheries Service, National Oceanic and Starr, the Independent Counsel, transmit- jurisdiction over part of the Lake Chelan Na- Atmospheric Administration, transmitting ting a Referral to the United States House of tional Recreation Area from the Secretary of the Administration’s final rule—Atlantic Representatives filed in conformity with the the Interior to the Secretary of Agriculture Tuna Fisheries; Atlantic Bluefin Tuna [I.D. requirements of title 28, United States Code, for inclusion in the Wenatchee National For- 070698D] received September 2, 1998, pursuant section 595(c); (H. Doc. No. 105—310); to the est. to 5 U.S.C. 801(a)(1)(A); to the Committee on Committee on the Judiciary and ordered to S. 1883. An act to direct the Secretary of Resources. the Interior to convey the Marion National 10840. A letter from the Senior Attorney, be printed. Fish Hatchery and the Claude Harris Na- Federal Register Certifying Officer, Finan- f tional Aquacultural Research Center to the cial Management Service, transmitting the State of Alabama, and for other purposes. Service’s final rule— Offset of Tax Refund REPORTS OF COMMITTEES ON Payments to Collect Past-due, Legally En- PUBLIC BILLS AND RESOLUTIONS f forceable Nontax Debt (RIN: 1510–AA62) re- Under clause 2 of rule XIII, reports of ADJOURNMENT ceived September 2, 1998, pursuant to 5 committees were delivered to the Clerk U.S.C. 801(a)(1)(A); to the Committee on for printing and reference to the proper Mrs. MORELLA. Mr. Speaker, I move Ways and Means. that the House do now adjourn. 10841. A communication from the President calendar, as follows: The motion was agreed to; accord- of the United States, transmitting the ap- Mr. YOUNG of Alaska: Committee on Re- ingly (at 1 o’clock and 2 minutes p.m.), proval of $50,000,000 in emergency funds to sources. H.R. 1659. A bill to provide for the the Departments of Labor, Health and expeditious completion of the acquisition of under its previous order, the House ad- Human Services, Education, and Related private mineral interests within the Mount journed until Monday, September 14, Agencies, pursuant to Public Law 99—177; (H. St. Helens National Volcanic Monument 1998, at 10:30 a.m. for morning hour de- Doc. No. 105—305); to the Committee on Ap- mandated by the 1982 Act that established bates. propriations and ordered to be printed. the Monument, and for other purposes; with September 11, 1998 CONGRESSIONAL RECORD — HOUSE H7617 an amendment (Rept. 105–704). Referred to tions were introduced and severally re- crimes, crimes against humanity, and geno- the Committee of the Whole House on the ferred, as follows: cide in Cambodia (the former Kampuchea, State of the Union. the People’s Republic of Kampuchea, and the By Mr. PORTMAN (for himself, Mr. Mr. YOUNG of Alaska: Committee on Re- State of Cambodia); to the Committee on BARRETT of Wisconsin, Mr. GINGRICH, sources. H.R. 4166. A bill to amend the Idaho International Relations. Mr. HASTERT, Mr. MCCOLLUM, Mr. Admission Act regarding the sale or lease of f school land (Rept. 105–705). Referred to the SOUDER, Mr. UNDERWOOD, Mr. Committee of the Whole House on the State BALLENGER, Ms. GRANGER, Mr. HOB- PRIVATE BILLS AND of the Union. SON, Mr. LEWIS of Kentucky, and Mr. RESOLUTIONS Mr. YOUNG of Alaska: Committee on Re- MICA): sources. H.R. 3903. A bill to provide for an ex- H.R. 4550. A bill to provide for programs to Under clause 1 of rule XXII, change of lands located near Gustavus, Alas- facilitate a significant reduction in the inci- Mr. UPTON introduced a bill (H.R. 4557) to ka, and for other purposes; with an amend- dence and prevalence of substance abuse authorize the Secretary of Transportation to ment (Rept. 105–706, Pt. 1). Referred to the through reducing the demand for illegal issue a certificate of documentation with ap- Committee of the Whole House on the State drugs and the inappropriate use of legal propriate endorsement for employment in of the Union. drugs; to the Committee on Commerce, and the coastwise trade for the vessel EMBAR- Mr. YOUNG of Alaska: Committee on Re- in addition to the Committees on Govern- CADERO; which was referred to the Commit- sources. H.R. 2314. A bill to restore Federal ment Reform and Oversight, Small Business, tee on Transportation and Infrastructure. Indian services to members of the Kickapoo Transportation and Infrastructure, the Judi- f Tribe of Oklahoma residing in Maverick ciary, and Education and the Workforce, for County, Texas, to clarify United States citi- a period to be subsequently determined by ADDITIONAL SPONSORS the Speaker, in each case for consideration zenship status of such members, to provide Under clause 4 of rule XXII, sponsors trust land for the benefit of the Tribe, and of such provisions as fall within the jurisdic- tion of the committee concerned. were added to public bills and resolu- for other purposes (Rept. 105–706, Pt. 1). Or- tions as follows: dered to be printed. By Mr. PAUL: Mr. YOUNG of Alaska: Committee on Re- H.R. 4551. A bill to amend section 16 of the H.R. 98: Mr. SANDLIN. sources. H.R. 3055. A bill to deem the activi- United States Housing Act of 1937 to prohibit H.R. 218: Mr. INGLIS of South Carolina and ties of the Miccosukee Tribe on the Tamiami occupancy in public housing by, and rental Mr. SPENCE. Indian Reservation to be consistent with the assistance under section 8 of such Act for, H.R. 372: Mr. KUCINICH. purposes of the Everglades National park, any person convicted of manufacturing or H.R. 611: Mr. BAESLER and Mr. MCHALE. and for other purposes; with an amendment producing methamphetamine on the prem- H.R. 1050: Mr. HINOJOSA. (Rept. 105–708, Pt. 1). Ordered to be printed. ises; to the Committee on Banking and Fi- H.R. 1215: Ms. MILLENDER-MCDONALD. nancial Services. H.R. 1531: Mr. MILLER of California. DISCHARGE OF COMMITTEE By Mrs. CAPPS: H.R. 2701: Ms. CHRISTIAN-GREEN and Mr. Pursuant to clause 5 of rule X the H.R. 4552. A bill to provide grants to cer- MARTINEZ. Committee on International Relations tain local educational agencies to provide in- H.R. 2761: Mr. BLUMENAUER. discharged from further consideration. tegrated classroom-related computer train- H.R. 2840: Mr. GEKAS. H.R. 3654 referred to the Committee of ing for elementary and secondary school H.R. 2912: Mr. FOX of Pennsylvania. the Whole House on the State of the teachers; to the Committee on Education H.R. 2938: Ms. GRANGER. Union. and the Workforce. H.R. 3008: Mr. MCINTYRE. Pursuant to clause 5 of rule X the By Mrs. ROUKEMA: H.R. 3248: Ms. GRANGER, Mr. HERGER, and Committee on Commerce discharged H.R. 4553. A bill to amend the Internal Rev- Mr. BUNNING of Kentucky. enue Code of 1986 to expand S corporation H.R. 3514: Mr. CARDIN. from further consideration. H.R. 3903 eligibility for banks, and for other purposes; H.R. 3567: Mr. BARRETT of Wisconsin. referred to the committee of the Whole to the Committee on Ways and Means. H.R. 3622: Ms. CHRISTIAN-GREEN, Ms. House on the State of the Union. By Mr. THOMAS: SANCHEZ, and Mr. FORD. Pursuant to clause 5 of rule X the H.R. 4554. A bill to reform Federal land H.R. 3632: Mr. HYDE, Mr. HORN, and Ms. Committee on Ways and Means dis- management activities relating to endan- PRYCE of Ohio. charged from further consideration. gered species conservation; to the Commit- H.R. 3634: Mr. HILL, Mr. BUYER, Mr. GOR- H.R. 4005 referred to the Committee of tee on Resources. DON, Mr. TAUZIN, Ms. EDDIE BERNICE JOHNSON the Whole House on the State of the By Mr. THOMAS: of Texas, and Mr. RIGGS. H.R. 4555. A bill to amend the Endangered H.R. 3636: Mr. MEEKS of New York. Union. Species Act of 1973 to reform provisions re- H.R. 3734: Mr. METCALF. Pursuant to clause 5 of rule X the lating to liability for civil and criminal pen- H.R. 3779: Mr. BARTON of Texas, Mr. STARK, Committee on Banking and Financial alties under that Act; to the Committee on Mr. WISE, and Mr. KIND of Wisconsin. Services discharged from further con- Resources. H.R. 3831: Mr. DIXON. sideration. H.R. 4275 referred to the By Mr. THOMAS: H.R. 3899: Mr. GREENWOOD, Mr. ADERHOLT, Committee of the Whole House on the H.R. 4556. A bill to amend the Endangered Mr. EHRLICH, Mrs. FOWLER, Mr. BEREUTER, State of the Union. Species Act of 1973 to reform the regulatory Mr. JONES, Mr. DIAZ-BALART, Mr. GORDON, Pursuant to clause 5 of rule X the process under that Act; to the Committee on Mr. ENGLISH of Pennsylvania, Mr. BALDACCI, Committee on Agriculture discharged Resources. Mr. INGLIS of South Carolina, Mr. SMITH of By Mr. FAZIO of California: Oregon, Mrs. MYRICK, Mr. CUNNINGHAM, Mr. from further consideration. H.R. 4283 H. Res. 530. A resolution designating mi- PETERSON of Pennsylvania, Mr. HALL of referred to the Committee of the Whole nority membership on certain standing com- Texas, Mr. BACHUS, Mrs. ROUKEMA, Mr. PICK- House on the State of the Union. mittees of the House; considered and agreed ERING, and Mr. BLILEY. f to. H.R. 3905: Mr. CHAMBLISS, Mr. GEKAS, Mr. By Mr. RADANOVICH: MCINTOSH, and Mr. KINGSTON. TIME LIMITATION OF REFERRED H. Res. 531. A resolution calling upon Wil- H.R. 3985: Ms. HOOLEY of Oregon. BILL liam Jefferson Clinton to immediately resign H.R. 3991: Mr. WAMP. Pursuant to clause 5 of rule X the fol- the Office of President of the United States; H.R. 3995: Mr. SERRANO. lowing action was taken by the Speak- to the Committee on the Judiciary. H.R. 4031: Mr. STOKES and Mr. CLYBURN. er: By Mr. GILLMOR (for himself, Mr. H.R. 4032: Mr. NEUMANN. OXLEY, Mr. DEAL of Georgia, Mr. H.R. 4122: Mr. LUTHER. H.R. 2314. Referral to the Committee on LAHOOD, Mr. SESSIONS, Mr. NORWOOD, H.R. 4175: Mr. TORRES, Mr. BONIOR, Mr. the Judiciary extended for a period ending Mr. PAXON, Mr. ROHRABACHER, Mr. THOMPSON, Mr. VENTO, and Mr. GUTIERREZ. not later than September 18, 1998. SNOWBARGER, Mr. WELLER, and Mr. H.R. 4182: Mr. SANDLIN. H.R. 3055. Referral to the Committee on BALLENGER): H.R. 4184: Mr. SANDLIN and Mr. Transportation and Infrastructure extended H. Res. 532. A resolution expressing the BLUMENAUER. for a period ending not later than October 9, sense of the House of Representatives that H.R. 4185: Mr. SANDLIN, Mr. BLUMENAUER, 1998. the President should personally reimburse and Mr. POMEROY. H.R. 3903. Referral to the Committee on the Federal Government for the costs in- H.R. 4198: Mrs. WILSON. Commerce extended for a period ending not curred by the Office of Independent Counsel H.R. 4235: Mr. MCGOVERN, Mr. later than September 11, 1998. since January 26, 1998; to the Committee on FALEOMAVAEGA, and Mr. FOLEY. f the Judiciary. H.R. 4258: Mrs. KELLY, Ms. DANNER, Mr. PUBLIC BILLS AND RESOLUTIONS By Mr. ROHRABACHER: REDMOND, Mr. HORN, and Mr. MICA. H. Res. 533. A resolution expressing the H.R. 4275: Mr. WATKINS and Mr. SPENCE. Under clause 5 of Rule X and clause 4 sense of the House of Representatives regard- H.R. 4283: Mr. MEEKS of New York and Mr. of Rule XXII, public bills and resolu- ing the culpability of Hun Sen for war CLYBURN. H7618 CONGRESSIONAL RECORD — HOUSE September 11, 1998

H.R. 4300: Mr. BURTON of Indiana, Mr. H. Con. Res. 114: Ms. KILPATRICK. Mr. MCNULTY, Mr. EVANS, Mr. ETHERIDGE, HOUGHTON, Mr. BARTON of Texas, and Mr. H. Con. Res. 239: Mr. MORAN of Virginia. Mr. FRELINGHUYSEN, and Mr. ORTIZ. WALSH. H. Con. Res. 274: Mr. FORD, Mr. ENGLISH of H. Res. 519: Mr. MCKEON. H.R. 4339: Mr. FOX of Pennsylvania, Ms. Pennsylvania, Mr. SHERMAN, Mr. COOK, Mr. MATSUI, Mr. ADAM SMITH of Washington, Mr. RIVERS, Mr. LAMPSON, and Mr. UNDERWOOD. f H.R. 4353: Mr. MANTON. DIXON, Ms. DELAURO, and Mr. SNYDER. H.R. 4355: Mr. CLYBURN. H. Con. Res. 306: Mr. COOK. H.R. 4404: Mr. BRYANT, Mr. MARTINEZ, Mr. H. Con. Res. 325: Mr. CHABOT, Ms. DUNN of DELETIONS OF SPONSORS FROM PICKERING, Mr. UNDERWOOD, and Mr. WAMP. Washington, and Mr. ADAM SMITH of Wash- PUBLIC BILLS AND RESOLUTIONS H.R. 4474: Mr. ENGLISH of Pennsylvania. ington. H.R. 4489: Ms. WOOLSEY. H. Res. 96: Ms. MILLENDER-MCDONALD. Under clause 4 of rule XXII, sponsors H.R. 4495: Mr. ETHERIDGE. H. Res. 135: Ms. SLAUGHTER. were deleted from public bills and reso- H.R. 4531: Mr. FROST, Ms. WATERS, Mr. H. Res. 460: Ms. CARSON, Mr. OLVER, Mr. lutions as follows: DAVIS of Illinois, and Mr. ETHERIDGE. GIBBONS, Mr. SPRATT, Mr. COYNE, Mr. FOX of H. Con. Res. 70: Mr. MORAN of Virginia. Pennsylvania, Mr. MCDERMOTT, Mr. SNYDER, H.R. 4006: Ms. ROYBAL-ALLARD.