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, THURSDAY, FEBRUARY 12, 1998 No. 11 House of Representatives The House met at 10 a.m. Mr. GIBBONS. Mr. Speaker, I object Herger Markey Redmond The Reverend Ronald F. Christian, Hill Martinez Regula to the vote on the ground that a Hinojosa Mascara Reyes Director, Lutheran Social Services of quorum is not present and make the Hobson Matsui Riley Fairfax, VA, offered the following pray- point of order that a quorum is not Hoekstra McCarthy (MO) Rivers er: present. Holden McCarthy (NY) Rodriguez Almighty God, Your glory is made Hooley McCollum Roemer The SPEAKER. Evidently a quorum Horn McCrery Rogan known in the heavens, and the fir- is not present. Hostettler McGovern Rogers mament declares Your handiwork. The Sergeant at Arms will notify ab- Houghton McHale Rohrabacher Hoyer McHugh Ros-Lehtinen With the signs of Your creative good- sent Members. ness all about us, we must acknowledge Hulshof McInnis Rothman The vote was taken by electronic de- Hutchinson McIntosh Roukema Your presence in our world, through vice, and there were—yeas 353, nays 43, Inglis McIntyre Roybal-Allard Your people, and within us all. answered ‘‘present’’ 1, not voting 33, as Istook McKeon Royce So, therefore, we pray for Your Jackson (IL) McKinney Ryun follows: mercy when our ways are stubborn or Jackson-Lee Meehan Sabo [Roll No. 14] (TX) Meek (FL) Salmon uncompromising and not at all akin to Jefferson Meeks (NY) Sanchez Your desires. YEAS—353 Jenkins Metcalf Sanders We pray for Your guidance in the Ackerman Camp Dunn Johnson (CT) Mica Sandlin choices and chances of life, so that Aderholt Campbell Ehlers Johnson, E. B. Millender- Sanford Allen Canady Ehrlich Johnson, Sam McDonald Sawyer Your wisdom will inform our decisions. Andrews Cannon Emerson Jones Miller (CA) Saxton And, we pray for Your grace so that Archer Cardin Engel Kanjorski Minge Scarborough we can place the consideration of oth- Armey Carson Etheridge Kaptur Moakley Schaefer, Dan Kasich Mollohan Schumer ers before the promotion of self. Bachus Castle Evans Baesler Chabot Everett Kelly Moran (VA) Sensenbrenner For Herculean efforts given by com- Baker Chambliss Ewing Kennedy (MA) Morella Serrano mon folk who serve their brothers and Ballenger Chenoweth Farr Kennedy (RI) Murtha Shadegg sisters every day in quiet love without Barcia Christensen Fattah Kennelly Myrick Shaw Kildee Neal Shays the herald of trumpet or headline, we Barr Clayton Fawell Barrett (NE) Coble Fazio Kilpatrick Nethercutt Sherman give You thanks, O God. Barrett (WI) Coburn Foley Kim Neumann Shimkus And, for the Olympian challenges Bartlett Collins Forbes Kind (WI) Ney Shuster faced every day by courageous people Barton Combest Ford King (NY) Northup Sisisky Kingston Nussle Skaggs who are struck down by disease or de- Bass Condit Fossella Bateman Conyers Fowler Kleczka Ortiz Skeen struction, we ask O God, for Your Bentsen Cook Frank (MA) Klink Owens Skelton intercession. Bereuter Cooksey Franks (NJ) Klug Oxley Slaughter Bless our days and our deeds in Your Berman Cox Frelinghuysen Knollenberg Packard Smith (MI) Kolbe Pallone Smith (NJ) peace. Amen Bilbray Coyne Frost Bilirakis Cramer Gallegly LaFalce Pappas Smith (TX) f Bishop Cubin Ganske LaHood Parker Smith, Adam Blagojevich Cummings Gejdenson Lampson Pastor Smith, Linda THE JOURNAL Bliley Cunningham Gekas Largent Paul Snyder Latham Paxon Solomon The SPEAKER. The Chair has exam- Blumenauer Danner Gilchrest Blunt Davis (FL) Gillmor LaTourette Payne Souder ined the Journal of the last day’s pro- Boehlert Davis (VA) Gilman Lazio Pease Spence ceedings and announces to the House Boehner Deal Goode Leach Pelosi Stabenow Bonilla DeGette Goodlatte Levin Peterson (MN) Stark his approval thereof. Lewis (CA) Peterson (PA) Stearns Pursuant to clause 1, rule I, the Jour- Bonior Delahunt Goodling Boswell DeLauro Gordon Lewis (GA) Petri Stenholm nal stands approved. Boucher DeLay Goss Lewis (KY) Pickering Stokes Mr. GIBBONS. Mr. Speaker, pursuant Boyd Diaz-Balart Graham Linder Pitts Strickland to clause 1, rule I, I demand a vote on Brady Dickey Granger Lipinski Pombo Stump Livingston Pomeroy Sununu agreeing to the Speaker’s approval of Brown (CA) Dicks Greenwood Brown (FL) Dingell Hall (OH) Lofgren Porter Tanner the Journal. Brown (OH) Dixon Hall (TX) Lowey Portman Tauscher The SPEAKER. The question is on Bryant Doggett Hamilton Lucas Price (NC) Tauzin the Chair’s approval of the Journal. Bunning Dooley Hansen Luther Pryce (OH) Taylor (NC) Maloney (CT) Quinn Thomas The question was taken; and the Burr Doolittle Hastert Burton Doyle Hastings (WA) Maloney (NY) Radanovich Thornberry Speaker announced that the ayes ap- Buyer Dreier Hayworth Manton Rahall Thune peared to have it. Calvert Duncan Hefner Manzullo Rangel Thurman

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.

H449 H450 CONGRESSIONAL RECORD — HOUSE February 12, 1998 Tiahrt Watkins Wicker I think it is all too easy in peacetime This problem is big and getting big- Tierney Watt (NC) Wise Towns Watts (OK) Wolf to forget exactly how much was sac- ger. I urge my colleagues to join me in Traficant Waxman Woolsey rificed. I think it is all too easy to for- protecting efficient, good quality home Turner Weldon (FL) Wynn get that the young men and women we health care. Our senior citizens deserve Upton Wexler Yates have in Bosnia, the situation develop- no less. Walsh Weygand Young (FL) Mr. Speaker, I submit the following Wamp White ing in Iraq, the 38,000 young Americans Waters Whitfield in Korea, all of them are risking their for the RECORD: lives, separated from their families, NATIONAL ASSOCIATION FOR NAYS—43 doing what it takes so that America HOME CARE, Abercrombie Gutierrez Pascrell Washington, DC, February 10, 1998. Baldacci Gutknecht Pickett can be free and safe. Hon. JAMES P. MCGOVERN, Becerra Hastings (FL) Poshard We in this House have the great Borski Hefley Ramstad honor to serve with a man who was House of Representatives, Cannon House Office Clay Hilleary Schaffer, Bob courageous in fighting for his country, Building, Washington, DC. Clyburn Hilliard Scott DEAR REPRESENTATIVE MCGOVERN: On be- Costello Hinchey Sessions a man who was courageous in serving half of the National Association for Home DeFazio Kucinich Stupak as a prisoner of war, a man who came Care (NAHC), the nation’s largest home Deutsch LoBiondo Taylor (MS) back to continue serving his country as health organization representing home care English McDermott Thompson a State legislator and a Member of providers, caregivers and the patients they Filner McNulty Velazquez Congress. serve, I would like to commend you for in- Fox Menendez Visclosky troducing legislation that would address Gephardt Moran (KS) Weller We all today have a chance, not just some of the devastating inequities in the in- Gibbons Obey here in the Congress to vote on a reso- Green Olver terim payment system (IPS). We whole- lution honoring prisoners of war, but to heartedly support your legislation, which ANSWERED ‘‘PRESENT’’—1 call on every county, every city, and will delay its implementation and change Spratt every State some time during this 25th the base year for calculation of per-bene- anniversary year to hold an event hon- ficiary caps. NOT VOTING—33 oring those who have been prisoners of As you know, IPS became effective with Berry Harman Oberstar war, honoring their families and their cost reporting periods starting October 1, Callahan Hunter Riggs children, recognizing what they do for 1997. The new per-beneficiary limits, how- Clement Hyde Rush ever, will not be published until April. This Crane John Schiff all of us, and recognizing how much means that approximately 2/3 of home health Crapo Johnson (WI) Smith (OR) our freedom depends on their sacrifice. providers will be on the new IPS without Davis (IL) Lantos Snowbarger I urge all of my colleagues to join me Edwards McDade Talent knowing what their per-beneficiary limits Ensign Miller (FL) Torres in recognizing a great American who will be. Your legislation, by delaying the im- Eshoo Mink Vento we are privileged to have serve with us, plementation date, would ensure that provid- Furse Nadler Weldon (PA) the gentleman from Texas (Mr. SAM ers would not have to be ‘‘flying blind’’ Gonzalez Norwood Young (AK) JOHNSON). under a wholly new system. b Equally important is your provision which 1023 f would change the base year for calculation of Mr. TAYLOR of Mississippi changed PROTECT EFFICIENT, GOOD the per-beneficiary caps from fiscal year 1994 his vote from ‘‘yea’’ to ‘‘nay.’’ QUALITY HOME HEALTH CARE to ‘‘fiscal year 1995 or, at the election of the Mr. EVERETT changed his vote from agency, calendar year 1995.’’ This change will (Mr. McGOVERN asked and was given ‘‘nay’’ to ‘‘yea.’’ level the playing field among agencies and permission to address the House for 1 cap reimbursement rates at more reasonable So the Journal was approved. minute and to revise and extend his re- amounts. The result of the vote was announced marks and include extraneous mate- Once again, thank you for your leadership as above recorded. rial.) on this most important issue. We look for- f Mr. McGOVERN. Mr. Speaker, be- ward to working with you to assure passage of the legislation. Please contact Eric Sokol PLEDGE OF ALLEGIANCE cause of an ill-advised provision in last or Lucia DiVenere of my staff if we can be of year’s budget agreement, providers of any assistance to you. The SPEAKER pro tempore (Mr. home health care all across America Sincerely, CAMP). Will the gentleman from Kansas are in danger of being forced out of VAL J. HALAMANDARIS, (Mr. TIAHRT) come forward and lead business. Many of these home health President. the House in the Pledge of Allegiance. agencies have been crucial in our ef- Mr. TIAHRT led the Pledge of Alle- forts to control health care costs. HOME HEALTH CARE ASSOCIATION giance as follows: Unfortunately, because of the way OF MASSACHUSETTS, INC., Boston, MA, February 11, 1998. I pledge allegiance to the Flag of the the budget agreement was drafted, Hon. JAMES P. MCGOVERN, United States of America, and to the Repub- Medicare reimbursement rates for Cannon House Office Building, Washington, lic for which it stands, one nation under God, some agencies will be higher than oth- DC. indivisible, with liberty and justice for all. ers simply because of how those agen- DEAR CONGRESSMAN MCGOVERN: On behalf f cies structure their fiscal years. Fur- of the 155 members of the Home & Health ther, the agreement requires that home Care Association of Massachusetts, I am de- ANNOUNCEMENT BY THE SPEAKER lighted to offer our full endorsement of the PRO TEMPORE health care agencies be in compliance with Federal spending caps before the McGovern/Cook bill that amends the Interim The CHAIRMAN. The Chair will en- government tells agencies what those Payment System for Home Health Care tertain ten 1-minute speeches on each under the Balanced Budget Act of 1997. We caps are. Mr. Speaker, where is the understand that Senator Kennedy will be fil- side. logic in that? ing a companion bill in the Senate. f Today I am proud to introduce a bi- It is our belief that the McGovern bill is a partisan bill with the gentleman from sensible attempt to retain Congress’ intent HONORING PRISONERS OF WAR ON Utah (Mr. COOK), and 18 other cospon- to slow the growth in the home health indus- THE 25TH ANNIVERSARY OF THE sors, that will help these providers to try while correcting the provisions of the END OF THE VIETNAM WAR continue their important work. law we believe are unreasonable and unwork- able. (Mr. GINGRICH asked and was given Mr. Speaker, our bill allows home Your unwavering advocacy on our behalf permission to address the House for 1 health care agencies, if they wish, to has given our members hope that the inequi- minute and to revise and extend his re- calculate their caps based on 1995 levels ties of the Interim Payment System may be marks.) rather than the 1994 levels mandated corrected. The patients who depend on the Mr. GINGRICH. Mr. Speaker, I rise by the budget agreement. The bill also services are grateful. today to draw my colleagues’ atten- takes into account the wide variety of Once again, many, many thanks for your tion, and the country’s attention, to agency fiscal years and allows for more support of the home health industry. Sincerely, the 25th anniversary of the end of the home health care visits to our seniors KEN MCNULTY, Vietnam War, and in particular to the under the caps. Finally, we push back President. sacrifice and the service to America of the date of compliance, giving provid- PATRICIA KELLEHER, prisoners of war and their families. ers time to meet the requirements. Executive Director. February 12, 1998 CONGRESSIONAL RECORD — HOUSE H451 INDEPENDENT COUNSEL TO IN- PARENTAL FREEDOM OF minute and to revise and extend his re- VESTIGATE INTERIOR SEC- INFORMATION ACT marks.) RETARY (Mr. TIAHRT asked and was given Mr. JONES. Mr. Speaker, many of us (Mr. GIBBONS asked and was given permission to address the House for 1 take our local radio and TV stations permission to address the House for 1 minute and to revise and extend his re- for granted. Whenever we want to see minute and to revise and extend his re- marks.) the news, the weather, our favorite marks.) Mr. TIAHRT. Mr. Speaker, yesterday show, we can simply turn on our tele- Mr. GIBBONS. Mr. Speaker, yester- I introduced the Parental Freedom of visions 24 hours a day, 7 days a week. day the announcement was made that Information Act along with 48 other But there is another commitment our an independent counsel will be ap- cosponsors. It is an act which will em- local broadcasters make, a commit- pointed to investigate Interior Sec- power parents to guide and participate ment to our communities. retary, Bruce Babbitt. To this I say: It in the education of their children. I am pleased today to commend the is about time. Teachers have told me that involved good work being done by stations in Mr. Speaker, let us review what has parents are the most important thing eastern North Carolina. Radio and tele- happened here. When asked to explain public schools need to help students vision stations alike in the area run why he denied a particular Indian gam- learn. I believe involved parents must thousands of public service announce- ing license, Secretary Babbitt re- be informed parents. ments each year covering every topic The Parental Freedom of Informa- sponded that the administration in- from alcohol abuse to senior issues. In tion Act will ensure that parents have structed him to do so. Next, he denied addition, many eastern North Carolina access to curriculum and testing mate- ever having said that. Then he denied stations play an active role in worthy rials to which their children are ex- ever having made that denial. Finally, causes such as raising funds for chil- posed and will require parental consent he has admitted that his original lie is dren’s hospitals, collecting contribu- prior to any student being required to tions to the Toys for Tots program and the truth and that we just all have a undergo medical or psychological test- gathering pledges for local food banks. big misunderstanding. ing or treatment while at school. Whether it is helping the needy, pro- Well, Mr. Speaker, perhaps it is a Again, that is, before any mandatory tecting us with storm information or misunderstanding, but somewhere be- medical exams or treatment or manda- covering the local news, local broad- tween all the lies, all the denials, and tory psychological testing, parents casters have built a great legacy of all the misunderstandings, a $300,000 must be notified for their consent. campaign donation was made to the This legislation in no way seeks to public service. Democratic Party in exchange for gov- influence the content or curriculum of I come to the floor today to salute ernmental action against the non- tests. It simply allows parents to ac- the fine work of broadcasters in east- contributing Indian tribe. cess the basic information which in- ern North Carolina and throughout the Hopefully, the independent counsel volved parents need to guide the edu- Nation, and to let them know that will be able to sift through the lies and cation of their children. their efforts are appreciated. find the truth. Clearly, the American Most of us agree that when parents people deserve no less. get involved in their child’s education, f their children do better in school and f their schools become stronger. This PUERTO RICO legislation will help remove the obsta- ´ b 1030 cles that prevent parents from being (Mr. ROMERO-BARCELO asked and involved. So let us get behind the Pa- was given permission to address the CASEY MARTIN rental Freedom of Information Act. House for 1 minute and to revise and (Mr. HOYER asked and was given f extend his remarks.) Mr. ROMERO-BARCELO´ . Mr. Speak- permission to address the House for 1 ON MEXICO minute and to revise and extend his re- er, three days from today, 100 years marks.) (Mr. TRAFICANT asked and was ago, the USS Maine exploded in Ha- Mr. HOYER. Mr. Speaker, Casey Mar- given permission to address the House vana, an incident that started the tin is a 25-year-old young man who for 1 minute and to revise and extend Spanish American War, a war that lives in America, the land of oppor- his remarks.) Americans proudly entered to free Mr. TRAFICANT. Mr. Speaker, a CIA tunity. He suffers from K–T–W syn- Cuba from Spanish rule, a war that report says Mexico’s powerful Interior drome which is a circulatory disorder also liberated Puerto Rico from Span- Minister is dirty. He is tied to drug in his right leg which causes great pain ish rule, but turned Puerto Rico into a cartels and he turned a blind eye to when he walks significant distances. U.S. territory. drug trafficking. A blind eye to 7 tons Notwithstanding that, he had the cour- We have now been a territory of the of narcotics crossing the border every age to become a second team all-Amer- United States for 100 years and we have single day, 14,000 pounds? been disenfranchised U.S. citizens for ican on the Stanford golf team. The After all this, the White House is of- 81 years. Can any Member of Congress Professional Golfers Association said ficially certifying Mexico as a cooper- give us one good reason why 3,800,000 that the ADA did not apply to Casey ating partner in our war on drugs. Un- American citizens should be denied the Martin and it was not designed or in- believable. Some war on drugs. The In- right to vote and the right to represen- tended to apply to competitors in pro- terior Minister is dirty. fessional sporting events. Their last drug czar was on the car- tation? Puerto Ricans are part of the The judge felt differently and sus- tel’s payroll, and 14,000 pounds a day great American family, but a century tained what I think we in this body are poisoning America. Beam me up. has passed us by and we remain felt, that somebody with a disability Evidently there is not as much testos- disenfranchised as a colony at a time ought to be given a reasonable accom- terone at the White House as there is when colonies are not only modation to participate as fully as rumored to be. I say, let us secure our unfashionable but embarrassing to a their courage and commitment would borders with the military who are fall- Nation that preaches democracy allow. ing out of chairs without armrests throughout the world and calls for a Gary Phelan, a disability expert, was overseas. plebiscite in Cuba. Congress has pro- quoted as saying that the ADA was Let us straighten out our country, crastinated on the solution to our po- about opportunity, not pity. Casey Congress. And let us declare war on litical dilemma for too long. Martin was the victim of fate, but he narcotics. Congress has the authority and the was not defeated by that disability. He f moral responsibility to approve H.R. has competed and prevailed. It was a 856, the U.S.-Puerto Rico Political Sta- great day for America yesterday when LOCAL RADIO tus Act, a bill for self-determination, a he was allowed to compete fully to the (Mr. JONES asked and was given per- bill to pave the road to enfranchise- extent of his ability. mission to address the House for 1 ment and equality. H452 CONGRESSIONAL RECORD — HOUSE February 12, 1998 IN TRIBUTE TO AMERICA’S IRAQ brief House Members prior to and dur- PATRIOTS (Mr. PAUL asked and was given per- ing the previous Gulf War. This has not (Mr. ROGAN asked and was given mission to address the House for 1 been done this time. permission to address the House for 1 minute.) Most Members of this body know minute and to revise and extend his re- Mr. PAUL. Mr. Speaker, the morning only what they have read or heard in marks.) papers today recorded that Russia was news reports. Why this rush to war? Mr. ROGAN. Mr. Speaker, 200 years providing weapons technology to Iraq. Why all this eagerness to send young ago George Washington, in his farewell We have known for years that China American men and women into harm’s address, said that the love of liberty has done the same thing. Does this way? The case has not been made. was interwoven into the ligament of mean that we must attack them as I am certainly not defending Saddam every American heart. well as Iraq? Hussein. I voted for the last Gulf War Our country has changed much over Instead, though, we give foreign aid and many have forgotten how close the last two centuries. But one thing to both China and to Russia, so indi- that vote was. But last time Hussein that has not changed is the sentiment rectly we are subsidizing the very had moved on another country and was Washington expressed: The love of lib- weapons that we are trying to elimi- threatening others. Many nations, in- erty still burns in every American nate. cluding our own, have weapons of mass heart. On countless battlefields around I would like to remind my colleagues destruction, nuclear and otherwise. the world, American patriots for over that bombing a country, especially one Has there been any overt action or in- two centuries have repeatedly taught halfway around the world that is not a dication that Hussein is getting ready us the eternal truth: freedom is never direct threat to our security, is not a to use his? We have not been told. free. moral act. A moral war is one that is The American people are not clamor- We are reminded of their ready sac- defensive and a legal war is one that is ing for war, Mr. Speaker. War should rifice today, as the Speaker of the declared by Congress. We should only be the most reluctant decision we House so eloquently noted, as we re- pursue an act of war when our national make, and then only when there is no flect upon those now who serve over- security is threatened. other reasonable choice. As ABC’s For- seas in harm’s way, and also as we re- Bombing will solve nothing. It will rest Sawyer asked on Nightline last flect upon the fact that 25 years ago, open up a can of worms. We should not night, Are we about to do more harm our first American prisoners of war re- condone it. We should not endorse it. than good? turned from Vietnam. One of those We should not encourage it. brave patriots who answered the call of Please think carefully before we per- f freedom and paid an immeasurable mit our President to pursue this war price serves in this body with us today: adventure. RECOGNIZING SAM JOHNSON The distinguished gentleman from f (Mr. LARGENT asked and was given Texas Mr. JOHNSON. permission to address the House for 1 I am honored to join the Speaker and REFORM THE IRS NOW minute and to revise and extend his re- my colleagues in paying tribute to SAM (Mr. STEARNS asked and was given marks.) JOHNSON, and all those patriots like permission to address the House for 1 Mr. LARGENT. Mr. Speaker, I rise him, for their heroism, for their sac- minute and to revise and extend his re- today to honor my colleague and rifice, and most of all for their love of marks.) friend, the Honorable SAM JOHNSON. liberty. Mr. STEARNS. Mr. Speaker, just Twenty-five years ago tomorrow, the when we thought things could not get gentleman from Texas (Mr. JOHNSON) f worse at the IRS, they have. left Vietnam after nearly 7 years as a I picked up this Washington Post ar- prisoner of war. He was shot down DEMOCRATS’ AGENDA ticle last week. The title is ‘‘IRS Goof April 16, 1966, while flying his 25th mis- (Ms. KILPATRICK asked and was Creates Returns That Keep Return- sion over Vietnam. SAM JOHNSON can given permission to address the House ing.’’ At first I thought it was a joke, teach us all a thing or two about valu- for 1 minute and to revise and extend but then I learned that the IRS did ing and never taking for granted our her remarks.) make, in fact, a huge goof, about a mil- freedom because SAM JOHNSON lost his Ms. KILPATRICK. Mr. Speaker, as lion packets of 1040 forms sent out to for 7 years. we speak, Democrats in the House and the taxpayers had preprinted address I would like, Mr. Speaker, if I could, Senate are joining the President and labels. That is not going to do anyone to read one paragraph, an excerpt from the Vice President to talk about our any favors. his book ‘‘Captive Warriors.’’ Its says a agenda for America. That American The famous world class computer lot about the gentleman from Texas agenda includes education, reducing system over at the IRS will read the (Mr. JOHNSON), my friend. class size, hiring 100,000 new teachers, bar code on the preprinted label and, ‘‘I turned my attention toward God. health care, making sure that people in one might ask, will it then send it to When the guards increased their pa- America can choose their doctor, can the proper location for processing? No, trols and their vigilance and my talks receive the quality care that they de- sir. It will not. It will send the form with Howie had to be stopped, I could serve; also securing Social Security, right back to you. In fact, we can even still talk freely to God. I knew with making sure that it is secure into the imagine the making of an infinite loop, certainty that He was present in that new millennium, making sure that we with our 1040s just making around-the- dark, cramped closet of a cell. He lis- modernize it and to expand it so that world tours, back and forth between tened when I prayed. This I knew with- 55- and 56-year-olds who have been ex- our houses and the IRS. out doubt. He answered me. When Bible cluded from their jobs, who have been Mr. Speaker, the IRS is still out of stories and verses of comfort came into laid off, can buy into a medical pro- control. It is enough. It is time for my thoughts, I knew He placed them gram for themselves and their families. some radical reform at the IRS. there. I was comforted and encouraged. Mr. Speaker, we stand ready to serve f And I began to know my creator in a the American citizenry. We are happy way I had never known Him before. today that the Senate and House THE RUSH TO WAR ‘‘I know now in retrospect that God’s Democrats are joining the President (Mr. DUNCAN asked and was given intimate interaction with me in the and Vice President in announcing to permission to address the House for 1 Mint strengthened me and built my America that we will work for them, minute and to revise and extend his re- faith so that I would be able to trust but we will work in securing and mak- marks.) him in the darkness of the terrible ing quality education for all our chil- Mr. DUNCAN. Mr. Speaker, President days that still lay ahead for me.’’ dren. Bush sent the Secretary of State, the SAM JOHNSON, a great American and Mr. Speaker, this is a great day for Secretary of Defense, the Chairman of defender of faith and freedom, we sa- the American citizenry. the Joint Chiefs of Staff and others to lute him today. February 12, 1998 CONGRESSIONAL RECORD — HOUSE H453 ATTACKING JUDGE STARR enforce the Federal Contested Election Act erodes the fundamental basis of our de- by prosecuting any of the 11 witnesses who mocracy and our Republic. (Mr. PITTS asked and was given per- refused to comply with the provisions of mission to address the House for 1 There have been attempts in this such Act which require production of evi- process to argue that our concern minute and to revise and extend his re- dence on a timely basis; marks.) Whereas despite the lack of full coopera- about making sure that only those peo- Mr. PITTS. Mr. Speaker, Former Ar- tion from witnesses and government agen- ple who are eligible to be registered kansas Governor Jim Guy Tucker; cies, the investigation of the election con- and, therefore, eligible to vote, was not Clinton business partners Jim and test in the 46th Congressional District of the focus of our concern. Their argu- Susan McDougal; former Arkansas California has resulted in evidence that over ments have been that, quite frankly, 700 illegal votes were cast in that election, what we are doing is ‘‘racist;’’ that we Judge David Hale; former Associate At- including votes cast by persons who were not torney General and Rose Law firm are on a ‘‘witch hunt.’’ citizens of the United States; It is extremely difficult to under- partner of Hillary Clinton and golfing Whereas the evidence of illegal voting stand why someone would not want to partner, Webb Hubbell; Arkansas busi- comes from the following sources: make sure that voter rolls are accu- nessman Eugene Fitzhugh; Arkansas (1) The Registrar of Voters of Orange Coun- rate. It is without contention, Mr. businessman Charles Matthews; Arkan- ty has indicated that 124 absentee ballots Speaker, that in those areas involving sas appraiser Robert Palmer; White- were cast illegally in the November 1996 Gen- eral Election. people who wish to become naturalized water real estate agent Chris Wade; Ar- (2) The Committee on House Oversight’s citizens that there are enormous prob- kansas banker Neal Ainley; former top comparison of Immigration and Naturaliza- lems today. We discovered just this Clinton aide Stephen Smith; Arkansas tion Service records and Orange County week that the Immigration and Natu- Little Rock developer Larry Kuca; and voter registration records provide evidence ralization Service has hired one of the Arkansas businessman William J. that more than 600 additional votes were il- big five accounting firms to examine Marks, Sr., 13 people either convicted legally cast in that election; the way in which their process oper- or pleaded guilty. Whereas the number of votes shown to be illegal by clear and convincing evidence is ates. b 1045 less than the post-recount 979 vote margin We have been accused of racism be- I wonder how these people feel when by which the election was decided; cause we thought we needed some firm- they hear over and over again from Whereas it is critical that the incidence of er identification than is currently illegal voting be reduced and eliminated in James Carville and the Clinton attack available from the INS. The INS now future elections and that the ability of inves- admits that they are going to look at a machine, who defend ethical outrages tigators in future election contests to detect that Judge Starr’s investigations have and punish voter fraud be enhanced; proposal which requires digitized pho- ‘‘turned up nothing.’’ Whereas the Committee on House Over- tographs and fingerprints at the begin- White House tactics bring to mind a sight should continue its investigation of il- ning of the process, in the middle of tactic known to every trial lawyer: legal voting practices and recommend to the the process, and at the end of the proc- When you have the facts, argue the House of Representatives legislative meas- ess. facts; when you have the law, argue the ures to reduce voter fraud and improve the It just seems to me that if that sys- integrity of the voting process; and tem is admittedly flawed, and that peo- law; when you have neither the facts Whereas the Committee on the Judiciary nor the law, attack the prosecutor. ple have become citizens who should and the Committee on Appropriations should not have become citizens, or, even Nothing to show? Maybe Judge closely examine the operations of the De- Starr’s attackers might want to ask partment of Justice and the Immigration more regrettably, those private organi- those 13 people what they think. and Naturalization Service to ensure that zations who participated, ostensibly, in proper steps are being taken to enforce the bringing this citizenship about, utilized f laws of the United States and accurately the opportunity to interact with these DISMISSING THE ELECTION CON- provide information on the citizenship status nascent citizens in a way that put TEST AGAINST LORETTA of individuals, as required by Federal law: them on voter rolls illegally, has got to SANCHEZ Now, therefore, be it be investigated until it is resolved. Resolved, That the election contest of Rob- Included in the Coopers & Lybrand Mr. THOMAS. Mr. Speaker, by direc- ert Dornan, contestant, against Loretta report is the suggestion that these pri- tion of the Committee on House Over- Sanchez, contestee, relating to the office of vate operations should be shut down. sight, I call up a privileged resolution Representative from the 46th Congressional In the particular contested election in (H. Res. 355) and ask for its immediate District of California, is dismissed. front of us, one of those private organi- consideration. The SPEAKER pro tempore (Mr. zations, Hermandad Nacional, had 60 The Clerk read the resolution, as fol- CAMP). The reported resolution con- percent of the people it registered lows: stitutes a question of the privileges of the House and may be called up at any flawed. That kind of a ratio either indi- H. RES. 355 time. cates sloppiness or an unwillingness to Whereas credible allegations by contestant The gentleman from California (Mr. follow the rules. Which clearly indi- Robert Dornan of election fraud in the 46th cates we should not use these private Congressional District of California were re- THOMAS) is recognized for 1 hour. ceived by the House of Representatives and Mr. THOMAS. Mr. Speaker, for pur- organizations. Now, whichever instance an investigation has been conducted under poses of debate only, I yield the cus- it is, it simply means voter rolls are the authority of the Federal Contested Elec- tomary 30 minutes to the gentleman flawed. tion Act; from Maryland (Mr. HOYER), pending Mr. Speaker, I yield 8 minutes to the Whereas that investigation was repeatedly which I yield myself such time as I gentleman from Michigan, (Mr. VERN hindered and delayed by the lack of coopera- may consume. EHLERS), the chairman of the task tion by the Department of Justice, the Im- Mr. Speaker, the resolution before us force, to give my colleagues an under- migration and Naturalization Service, and dismisses the contested election in standing of the details of this particu- key witnesses; California’s 46th District. That is clear- lar examination of an election beyond Whereas the delay and lack of cooperation included the following: ly the substance. The real story is that the normal examination of contested (1) The refusal of the Immigration and Nat- in the process of examining this par- elections historically. And thank good- uralization Service to provide any informa- ticular contested election, it is clear ness we are finally looking at the prob- tion to the Committee on House Oversight that voter rolls across the country are lems behind the surface. until the Service was subpoenaed and the suspect. Mr. EHLERS. Mr. Speaker, I thank failure 8 months after the subpoenas to pro- We all know that elections are fun- the chairman of the committee for vide the accurate information needed by the damental to our democracy. Free and yielding me this time. I am pleased to Committee. fair elections are essential in selecting come to the House and report on the (2) The refusal of key witnesses to provide our Representatives in this Republic. evidence under the provisions of the Federal results of a very thorough investiga- Contested Election Act. The belief on the part of people who tion of the DORNAN-SANCHEZ contested (3) The refusal of the Department of Jus- cast their ballot that their ballot may election race. tice, in complete disregard of a resolution be negated by someone who should not I was given the following charge by passed by the House of Representatives, to have been able to vote in an election the chairman of the committee, when I H454 CONGRESSIONAL RECORD — HOUSE February 12, 1998 took this task: I was asked to chair poenas and the INS then responded to moment ago, this is definitely a matter this task force because of my reputa- the subpoenas. The delay was most un- of concern. Altogether, we have ap- tion for integrity and honesty, and he fortunate because we wanted to wrap proximately 2,500 illegal registrants emphasized in the initial assignment up the investigation quickly. discovered in our process; and that has that he wanted me to be fair, honest, Another delay occurred with the sub- to be taken care of as a separate issue, factual and thorough. This charge was poenas issued by former Congressman through further legislation. That indi- reinforced by the Republican leader- Dornan in an attempt to engage in the cated that there were still 820 suspect ship of the House several times during discovery process and get more infor- registrants who did vote in the Novem- the course of this investigation when mation. All of those subpoenas were ig- ber 1996 election. certain issues came up, and once again nored by the recipients and no progress At that point we went into extensive I was always encouraged to be fair, was made on that point. examination of the data to try to docu- honest, factual and thorough in the in- Furthermore, the request by the ment in the best possible way those vestigation. And I have certainly at- House to the Department of Justice to that we could be certain were illegal tempted to do that because that is the enforce the subpoenas resulted in no noncitizens who voted, and the number way I want it to be. action and, again, we incurred approxi- that emerged was 624. We had cir- It is regrettable that many false mately a 3-month delay. cumstantial evidence that an addi- charges were made by the minority Finally, the Congress itself issued tional 196 had voted but were unable to party, even on the floor of the House, subpoenas to a few crucial witnesses document it to my and our satisfac- during the course of this investigation. and organizations, and after consider- tion; and, therefore, we decided not to Because I felt it improper for anyone able work on our part and their part, include those in the total of question- involved in the investigation to com- they responded and we did get some in- able votes. ment, I restrained my comments at formation, although it is still in ques- If we add to the 624 illegal noncitizen that time. tion as to how thorough that was. voters that we have identified the 124 Initially, there were several charges I give this only by background to il- absentee ballots that had previously made in the contest documents filed by lustrate some of the difficulties en- been disallowed by the Orange County former Representative Dornan. As we countered by the task force in attempt- Registrar of Voters, then we discover examined these, we found that many of ing to ascertain the truth and, as I 748 illegal votes. And that is the total them simply could not be substan- said, to be fair, honest, factual, and that we had emerge as the number of tiated. But what we did find was that thorough. illegal votes cast in that election. If charges of illegal voting, specifically of Let me give a very brief report of the one were to include those votes with fraudulent voting by noncitizens, could process and of the discoveries we made. circumstantial evidence of illegality, be substantiated and, in fact, were This chart looks very complex because there would be 944. true. it is, and it is very hard to read be- Let me remind my colleagues again, The initial examination by the reg- cause there is a lot of information on the margin of victory was 979. Let me istrar of voters of Orange County dis- one sheet. I will not go through it in also remind my colleagues, the three covered 124 absentee ballots which were detail; I simply want to illustrate that options open to the committee and the invalid, and so that reduced the 979 the process started by getting a com- task force were, number one, to dismiss vote margin by 124. The California Sec- puter tape of the Orange County voter the election, simply saying there is not retary of State did an independent in- registration list, computer tapes of the sufficient proof to change the result of vestigation of the election, along with INS database, and running compari- the election; number two, to say the the Los Angeles office of the Immigra- sons. And that is what we started from. evidence was so overwhelming in favor tion and Naturalization Service, and The rest of the work primarily was of the contestant that we had to over- identified in their first pass 305 nonciti- going through the results of the com- throw the election and seat Mr. Dor- zens who had registered to vote and puter match because we wanted to de- nan; and number three, to simply say, had voted. termine to the maximum extent pos- we cannot tell the result of the elec- Mr. HOYER. Mr. Speaker, will the sible what names had to be eliminated tion, no one can tell the result of the gentleman yield? because they had proof of citizenship at election, and we vacate the seat and Mr. EHLERS. I yield to the gen- time of registration to vote. So most of the State must call a new election. tleman from Maryland. the work, contrary to what one might It is our recommendation to the com- Mr. HOYER. Mr. Speaker, I do not expect from a Republican majority mittee, and its recommended to the want to interrupt the gentleman’s task force, was not devoted to finding Congress, that we dismiss the election statement, but I want to ask him a additional noncitizen voters but rather in view of the fact that the number of question to clarify what he just said. to prove that we could verify and docu- illegal votes we identified is less than When the gentleman indicated that ment the results presented here. the margin of victory that was pre- reduced the margin by 124, am I correct b viously determined. that in order to do that, we would have 1100 Mr. HOYER. Mr. Speaker, I thank to assume that all of those votes were Let me report now on what we dis- the chairman for yielding the time, and cast for the gentlewoman from Califor- covered in terms of number of votes. I yield 3 minutes to the gentlewoman nia (Ms. SANCHEZ)? After doing the computer check, elimi- from Michigan (Ms. KILPATRICK), a Mr. EHLERS. Mr. Speaker, I thank nating obvious mismatches, we had an member of the committee. the gentleman for calling that to my original number of 7,841 suspect votes. Ms. KILPATRICK. Mr. Speaker, I attention. I did not mean to imply Upon further examination, going thank my distinguished leader of the that. Reducing the margin gets into through not just the INS computer task force as we did our work. We ap- another issue, but my point is that the tapes but also through the INS written preciate his standing in and for all the reports from the Registrar of Voters records and trying to clear up the work that he put into this committee and the Secretary of State certainly many discrepancies we encountered, we and into the final report. indicated substantial problems with discovered that 5,303 of the 7,841 actu- Mr. Speaker, we discussed this issue the election. ally were citizens and were legitimate now for 13 months and $2 million of the Unfortunately, the national head- registrants. So we subtracted that taxpayers’ money. I am happy that we quarters of the INS stopped the process from the 7,841 and that indicated we finally came to a concluding approval by telling the Los Angeles office they still had 2,538 suspect registrants. that the case should be dismissed. We were no longer allowed to cooperate Then, checking the voter records care- said that over and over again on this with the California Secretary of State. fully, we determined that 1,718 of them, side of the aisle for the last 13 months. At that point, the House Oversight even though they had registered ille- And we believe then, as we believe now, Committee asked the INS to cooperate, gally, did not vote and so, therefore, that there was no case against the gen- and again we were told no. All this re- had no impact on the election. tlewoman from California (Ms. sulted in approximately a 3-month But it does illustrate the point that SANCHEZ), as has been documented by delay, until the committee issued sub- the chairman of the committee made a the Orange County grand jury, citizens February 12, 1998 CONGRESSIONAL RECORD — HOUSE H455 in that district, as has been docu- HOYER's tireless efforts toward justice for the my colleagues in Congress to do the same. mented now by the Republican sec- people of the 46th Congressional District, Access to voting denied to a single senior citi- retary of state. none of whom, I might add, will be able to zen casting an absentee ballot, to a newly-nat- Mr. Speaker, there has been much vote for him in the fall, speaks to the highest uralized citizen, or someone who has voted in time spent on this issue. Ms. SANCHEZ aspirations and goals of public service. I am the last several elections, based on a peremp- and some of our Members have been proud and privileged to serve with Congress- tory analysis of one's race, creed or ethnicity, threatened. I myself received a threat man HOYER and Congressman SAM is access to voting denied to us all. on last Monday that my brains would GEJDENSEN, my Democratic colleagues on the Mr. THOMAS. Mr. Speaker, I yield 4 be blown out because of my stance on House Oversight Committee. minutes to the gentleman from Ohio this very important issue. What is at The legacy of the protection of voting rights (Mr. NEY), a member of the contested stake here is, Mr. Speaker, the Voting for minorities in the United States was a hard- election task force. Rights Act: Should American citizens, fought battle that saw its culmination in the Mr. NEY. I thank the chairman for and we mean citizens of America, be al- adoption of the Voting Rights Act of 1965. De- yielding me the time. lowed to participate in the voting proc- spite entreaties to the contrary, there has Mr. Speaker, let me go over a few, I ess that this country has. I believe that been no demonstration from the Majority that think, important points of what oc- we should. any changes to our current registration lawsÐ curred through the task force. I want The 1965 civil rights law and the 1964 proof or documentation of citizenship to reg- to commend the gentleman from Voting Rights Act said that we ought ister to vote, or to allow states to require So- Michigan (Mr. EHLERS) for his integ- to allow American citizens to partici- cial Security numbers on voting registration rity and thoroughness on the issue, and pate. Was there fraud in this election? applicationsÐare needed or necessary to en- also the gentleman from California The Orange County grand jury said no. sure the accuracy and validity of our nation's (Mr. THOMAS), the chairman, and all The Republican secretary of state said elections. A grand jury in California, and the members of the task force for going no. And more than that, the gentle- Republican Secretary of State, concluded that through the entire process. woman from California (Ms. SANCHEZ) no fraud occurred in this election of a Demo- But the task force found evidence of won with over 900 votes, a solid vic- cratic member of Congress. After 13 months over 700 illegal voters. Now 124 of those tory. and $2 million in taxpayer's dollars in wasted were illegal absentees, according to the It is unfortunate that we had to funds, we have concluded 748 people may Orange County Registrar, because of spend this time. I want to remind my haveÐI emphasize, may haveÐvoted improp- the procedure. But also in the area of colleagues that in 1964, when Rosa erly. Of this total, 124 of these ``suspect'' vot- noncitizens, 600 noncitizens, based on Parks, who was my constituent, by the ers were elderly and disabled people who sub- matching of INS and voter lists, in fact way, refused to give up her seat, she mitted absentee ballots. In California, ten mil- voted in this election. Now that is two- did so because she believed that Amer- lion people voted. This resulted in one con- thirds of the entire total margin of vic- ica was the land of the free and the tested election, and of that, 748 votes may tory. home of the brave, she believed that have been improperly cast. While this is not I know we cannot say who they civil rights ought to be afforded all perfect, a 99.99 percentage for voting accu- would have voted for. I fully realize American citizens and that those same racy is certainly a pretty good electoral record. that. I do not know who those people citizens ought to be allowed the privi- We all want open, honest and fair elections would have voted for. But I think it lege to vote. and registration processes. What should not has got to be pointed out that in fact I fully support the registration of all happen, as a result of this decision by the these 600 voters existed in this elec- citizens. I think that any impairment House Oversight Committee, is the further dis- tion. or any attack on the Voting Rights Act enfranchisement of voters by even more re- Now as far as the evidence of over is despicable and we must fight against strictive registration requirements. As we all 1,700 more illegal registrations, there is it. I believe that as we move to the new know, this would only be the beginning of the evidence that there were 1,700 more. millennium in this country that we recurrence of poll watchers, literacy tests, and They did not vote but they could have take all American citizens with us. poll taxesÐother relics of a bygone era that in any election throughout California Those that are disenfranchised, we died with the adoption of the Voting Rights Act or anywhere else; if in fact illegal vot- ought to bring them also into the of 1965. These, and other further and unwar- ers exist, they can vote. American dream. ranted voting rights restrictions, hinder the Now the task force, I think this is Mr. Speaker, as a Member of this progress and freedom of not just minorities, important, confirmed that 60 percent of Congress for the first year and now in but of all Americans. Tomorrow will mark the Hermandad’s registration was illegal. my second year, I am delighted to have anniversary of the founding of the Southern That bothers me because Hermandad served on the House Oversight in this Christian Leadership Conference (SCLC), an Nacional Mexicana registered 1,160 per- hearing process. It certainly has grown organization founded by the late Martin Luther sons. Sixty percent were not properly me up and taught me that as we work King, Jr. As we all know, it was the courage, registered, they were illegal. And that for the American citizens we can speak bravery and dedication of a current resident of means that taxpayers across this coun- out and speak up, that when we do my Congressional District, Rosa Parks, whose try also, because there were taxpayers’ right by the people who elected us, we single-minded refusal to negotiate her prin- dollars involved with this group, paid have a better America for all of its ciples, led in no short measure to the adoption for that. Now I do not think that is a citizens. of the 1964 Civil Rights Act and the 1965 Vot- good use of any taxpayers’ dollars I am convinced that the Voting ing Rights Act. Thirty-three years later, I am across this country. I think the conclu- Rights Act is a very real part of that. afraid that we are witnessing the beginning of sion is the system for detouring voter I will fight vehemently any proposals the end of that hard fought battle. fraud is flawed. that would weaken that Voting Rights I am also concerned about this legislation's I just want to say something about Act for all American citizens. precedence for tort law. While I am not an at- the attack on voters’ rights. This is not I rise in support of the wisdom of Congress torney, it was my belief that one of the prin- an attack on voters’ rights. This is in dismissing the challenge by former Con- ciples in law is that the loser pays. It befud- standing up as the United States House gressman Robert K. Dornan and ending, once dles and confuses me as to why the legal bills of Representatives, in a United States and for all, the election that was certified by of the loser, former Representative Robert K. congressional election, and supporting the people of the 46th Congressional District Dornan, are being reimbursed along with voters rights. All we ask is that those of California and by California's Republican those of the winner, Representative LORETTA voters be citizens. And under the Cali- Secretary of State. Although I voted for the SANCHEZ. It is unfortunate that Congressman fornia law, they were not citizens. legislation as a member of the House Over- HOYER's attempt to eliminate this patently un- So the final conclusion of this task sight Committee, I voted for it with some trepi- fair provision was not approved by the Com- force, I think, points out that it is not dation and concern. I would also like to take mittee. about who won or lost, but it is about this opportunity to thank the members of the I fully support the full and unfettered access the American people, who become very, Task Force for their hard work and diligence, to registration and voting for all U.S. citizens. very apathetic in voting across the especially the gentleman from the State of I will continue to fight against any further ero- country. And American people know Maryland, STENY HOYER. Congressman sion of the Voting Rights Act, and encourage that the United States House looked H456 CONGRESSIONAL RECORD — HOUSE February 12, 1998 into illegal voters and that after this Mr. HOYER. Mr. Speaker, we have that is inaccurate, and it seems to be a we follow up together on a bipartisan two or three people coming. We moved rationalization in the last 14 months. basis to ensure that the best elections pretty quickly here, and we are waiting My daughter happens to be here are held in any State and in any dis- for somebody to yield to. today, and I was waiting until she got trict across the country. Would the gentleman like to take here with a class from this community The bottom line of this is that there one speaker, then we will take one? of new immigrants to America. My par- has been a lot of things said and peo- Mr. THOMAS. My understanding ents came to this country in 1949, and ple’s emotions. If we listen to our voice from the Speaker is that you have 10 by 1950–1951 we were living in the State mail, threats run both sides I guess. minutes more than we do. And it is of Connecticut. My parents broke no But I think that the significant point usually customary in debate to try to laws. When my mother saw a uni- to this is that at the end of the day, even the time up. You have 25 minutes. formed officer, she would tremble be- when Bob Dornan came to us and said We have 14. cause of her experiences under the that there were illegal voters, Bob Dor- Mr. HOYER. If you have one more Nazis and Stalin. nan was right, there were illegal vot- short speaker, if you will take that, To have a major political party in ers, 600 noncitizens in that election. then we will take a long stretch of this country have a record where it put But the other thing that Bob Dornan time to do exactly that. ballot security police only in areas of did with his tenacity, and I know no- Mr. THOMAS. I tell the gentleman immigrants is an outrage to what this body likes these types of hearings, it is that I have a number of speakers that country stands for. We ought to be en- not pleasant for anybody, but it does want to speak a long time. The outrage couraging new immigrants to partici- point out that in fact we have flawed of what went on requires a lot of time pate in this system, not trying to in- elections in the country, elections, the consumption. timidate them from that participation. election process, that we have to cor- Mr. HOYER. Mr. Speaker, I yield 3 The laws we have in this country rect if we expect voters to have con- minutes to the gentleman from Con- need to focus on fraud. The grand jury fidence in the United States congres- necticut (Mr. GEJDENSON), distin- found none. Where there are humans, sional elections or in elections all the guished ranking member. there are mistakes, but this was a way down through the courthouse level Mr. GEJDENSON. Mr. Speaker, it is clean and fair election, and what we do across this country. with great pleasure that I come to the here today is right, but it is late. Let Mr. HOYER. Mr. Speaker, I yield my- floor today. This last 14 months need us move forward and free this district self 30 seconds. not have occurred. What was clear and give the honor and respect to our I want to say just to clarify as this from the very beginning was that the colleague she deserves. debate proceeds, our side believes, gentlewoman from California (Ms. I would like to particularly mention based upon what we have been able to SANCHEZ) had won her seat in Congress, the great work the gentleman from count, we categorically deny that there she had won it by a substantial major- Maryland (Mr. HOYER) has done in this is substantial proof that there is any- ity, a majority that exceeded the ma- case, and appreciate his efforts in this where near the number of 600, 500, 400, jority of the Speaker of the House in a one and a previous election. 300, 200 confirmed noncitizen voters in previous election. The process we went Mr. THOMAS. Mr. Speaker, I yield this election. over which lasted these months was myself such time as I may consume. Now, the majority has not shown us Mr. Speaker, I am not pleased that their analysis yet, so we cannot ana- completely irregular. b the primary argument being made is lyze their figures. But ours show that 1115 once again name calling and guilt by their figures are wildly inflated. It was partisan, it was an attempt to association. In the minority’s own Mr. Speaker, I yield 1 minute to the create a crisis where none existed, and views that were filed today, they say gentlewoman from the District of Co- frankly, it is the wrong message to there may have been mistakes, prob- lumbia (Ms. NORTON). send to the American people. In a coun- Ms. NORTON. I thank the gentleman lems or even illegalities in the election try that has virtually half its citizens for yielding. in the 46th district. Our job was to get Mr. Speaker, this has got to be a bit- not registered and only half of them to the bottom of that. I am just sorry tersweet moment for the gentlewoman showing up to the polls, with the per- that there was an attempt to argue centage of people voting and register- from California (Ms. SANCHEZ). The something entirely different than what women Members of Congress rejoiced ing on a continuous decrease, this is a this was about, and apparently it con- when a new woman joined us in 1996, wrong message to send to America. tinues on the floor even today. It sim- bringing the number of Hispanic It is clear from the very beginning, ply will not wash. women finally to four. But my col- from the court action taken in this Mr. Speaker, I yield 1 minute to the league was forced to win her seat case, that this was a legitimate vic- gentleman from California (Mr. ROHR- twice; first at the polls, and then from tory; and the only reason we may be ABACHER). a baseless challenge in the Congress here today is over a battle of several Mr. ROHRABACHER. Mr. Speaker, itself. elections ago in a case in Indiana, first and foremost, when the integrity Her ordeal has been unworthy of a nothing to do with the gentlewoman of our election process is in question, it body that promises democracy and fair from California. Had the majority ad- is certainly something that should be representation. But she has shown her- hered to the law, we would have dis- investigated when we have made it self to be a fighter extraordinaire. The missed this motion in its first days. more easy for illegal aliens to register attempt to steal her seat has raised her Our previous colleague, Mr. Dornan, to vote with this motor voter program status from simply one more excellent maybe properly thought, but when he that was put in place several years ago. new Member to one of heroic propor- looked at several homes in the district Of course, we want to make sure that tions throughout this country. and found 18 people with different the people who are voting in elections The best way to make this one right names in one house, that there was are legally entitled to vote; otherwise is for every Member of this House to something irregular. One house turned we are diminishing the rights of our congratulate her and wish her well. LO- out to be an establishment for a reli- own people. RETTA, you won, not once but twice. gious order; the other was a military This is a case that should have been Mr. THOMAS. Mr. Speaker, might I facility or house where military indi- investigated. Something smelled about inquire of the time on both sides? viduals lived together quite legally, all that election from day one. Hermandad The SPEAKER pro tempore (Mr. registered legally. And if polling infor- has received a great number, a great CAMP). The gentleman from California mation tells us anything, the Marines amount of Federal funding. (Mr. THOMAS) has 141⁄4 minutes remain- probably voted for Mr. Dornan, and he Hermandad, an organization that was ing, and the gentleman from Maryland might have even gotten a small portion deeply involved in LORETTA SANCHEZ’S (Mr. HOYER) has 241⁄2 minutes remain- of the religious order as well. campaign, received Federal funds, and ing. We need to end this process today, they ended up registering to vote peo- The gentleman from Maryland has and I will vote for this resolution, al- ple who are not entitled to vote. Sixty 251⁄2 minutes remaining. though there is much in this resolution percent of the people in that, who are February 12, 1998 CONGRESSIONAL RECORD — HOUSE H457 registered by that organization, were It was unfortunate to call this proc- today is declared an emergency. Could not legal voters. ess an election contest. It causes some we not begin tomorrow by working to- This is something that deserved to be to think that this is a game. It is seri- gether on this important issue? looked into, and I think that we have ous business whenever we contemplate And to the Speaker, the gentleman not proven or disproven exactly who throwing out a single ballot in any from Georgia (Mr. GINGRICH), I know of won or did not win that election in the race, especially when a voter has never his proposal to launch a new effort in 46th. been confronted with the evidence America’s schools to teach civics. I Mr. HOYER. Mr. Speaker, it gives me against them. challenge him to expand his ideals and a great deal of pleasure to yield 2 min- It is not over. In the coming days the ensure that every 17-year-old spends utes to the distinguished chairperson committee intends to have these sus- time learning about registration, the of the Hispanic Caucus, the gentle- pects purged from the voting rolls de- electoral system. Give them hands-on woman from California (Ms. ROYBAL- spite overwhelming evidence that the experience. Let them see what voting ALLARD). vast majority were legal voters last is about. We must do more to reverse Ms. ROYBAL-ALLARD. Mr. Speaker, November. the decline in voter participation in the voters of the 46th Congressional I hold here in my hand an official this country of ours. District have reason to celebrate. After document of the committee. However, And finally, I am reminded of 2 Sun- a year of investigation and political the committee is so ashamed of this days ago when I was the guest of honor posturing with a taxpayer price tag of political hit piece it would not even at a Catholic mass in my district. The $1 million, the Republican leadership put its own name on it. I say to the priest gave a sermon about rejection, has been forced to give up its investiga- gentleman from California (Mr. THOM- the rejection Jesus felt when he was tion because it has found nothing to AS), his document contradicts his own turned against and the rejection his substantiate its claims that the gentle- task force chair, the gentleman from Orange County parishioners felt when woman from California (Ms. SANCHEZ) Michigan (Mr. EHLERS). their votes were cast in doubt. was not duly elected by the voters in It is rebutted by 4 sworn statements. Today, Orange County is celebrating her district. It is refuted by the indisputable fact the dismissal of this case. I am going The 46th District can celebrate with that the accuser claims he was in pos- home to tell those parishioners that pride because, in spite of Republican session of an absentee ballot even be- the faith they placed in this democracy attacks and efforts to discredit their fore they were distributed by the Re- has been honored, that they have not vote and their Congresswoman, the publican registrar of Orange County. been rejected by those who stood tall gentlewoman from California (Ms. And finally, he leaves out the fact that in their defense, that here, uniquely in SANCHEZ), fought back with dignity he was a disgruntled fired employee of this world, justice will ultimately pre- and honor to protect their right to a school district and that he made his vail on behalf of the voters of Orange elect their representative while at the accusation against a school board County. same time working diligently and ef- member who refused to order his rein- Mr. THOMAS. Mr. Speaker, I yield fectively on their behalf in the halls of statement and who was not an em- myself such time as I may consume. Congress. ployee of my committee. Mr. Speaker, included in that list, I It is unfortunate that the Republican A word about racism: We searched hope, is working together to make sure leadership refuses to accept the facts the CONGRESSIONAL RECORD for the last that the modernizations in the INS and gracefully allow the gentlewoman Congress and found 50 occasions when that have been requested, including from California (Ms. SANCHEZ) to serve this House and the other body debated digitized photographs and fingerprints, her district. Instead they have chosen race-based outcomes. Of course, those are part of that order so that we can to resort to tactics unworthy of their references to racial preferences and re- once and for all guarantee that the vot- leadership position by introducing this verse discrimination and race-based ing rolls are clean. unfairly worded resolution. set-asides were about affirmative ac- Mr. Speaker, I yield such time as he Nonetheless, this issue must be dis- tion. Whenever this Congress subpoe- may consume to the gentleman from missed, and I ask my colleagues to vote nas government records of Americans Florida (Mr. STEARNS). aye. at the INS, for a narrow slice of time in (Mr. STEARNS asked and was given Mr. HOYER. Mr. Speaker, I yield 5 a small geographic region the outcome permission to revise and extend his re- minutes to the distinguished gentle- will be race-based. marks.) woman from the 46th district of the In Grand Rapids, Michigan, the out- Mr. STEARNS. Mr. Speaker, I rise to speak State of California (Ms. SANCHEZ), come would unfairly target Dutch im- against the resolution beofre the House to dis- making it clear that at no time was migrants; in San Francisco, the Chi- miss the election challenge by Congressman there any evidence or allegation that nese immigrants; in Miami, the Cubans Robert Dornan. she did anything other than act prop- would be unfairly labeled; and in Provi- I believe the House is setting a terrible erly during the election in the 46th Dis- dence, Rhode Island, it would be precedent on how to handle a contested elec- trict. Italians. Racism is persistent and as tion. Each Member is being asked to vote one Ms. SANCHEZ. Mr. Speaker, I thank real today as it was 100 years ago. way or the other on this highly important mat- the gentleman from Maryland (Mr. As we honor the birth of a great lead- ter, but the vast majority of the Members have HOYER) for this time and for his dili- er, President Lincoln, let us resolve to been unable to read, let alone see, the report gent and effective representation for understand these issues and to open from the House Oversight Committee regard- the citizens of Orange County. I thank our minds to do more to end this bias ing the contested election. also the gentleman from Missouri (Mr. against any ethnic or racial subgroup. My staff has been trying since last Friday to GEPHARDT), the gentleman from Con- I say to the gentleman from Ohio obtain a copy of the committee report to re- necticut (Mr. GEJDENSON), the gentle- (Mr. NEY) I heard and understood him view the details of this case. As of this morn- woman from Michigan (Ms. KIL- on this issue, and therefore I extend an ing, my staff still has not been able to get a PATRICK), and the gentleman from New invitation. If he will permit me to join copy. Jersey (Mr. MENENDEZ), who have each him in a school in his district to dis- This is no way to dismiss a contested elec- carried a special burden in this cause. cuss voter fraud or anything else, I will tion. How can I, as a Member of this body, And to all of my colleagues on this side host him in my district to do the same. fairly determine the accuracy of the House of the aisle and to a handful on the And to the gentleman from Michigan Oversight investigation without having the abil- other, congratulations. (Mr. EHLERS), he says the Contested ity to review its report. They were right. When others were Election Act needs changes. I invite The Committee has discounted 624 votes. spreading false and dark and shameful him to sit down with my staff and to do Beyond these votes, the Committee has listed allegations of criminality and conspir- bipartisan reform. an additional 196 votes as indicating cir- acy, they stood tall for justice, and And to the gentleman from Califor- cumstantial illegal noncitizen voting. their judgment was confirmed by 19 nia (Mr. THOMAS), his district and mine But the Committee is not adding the 196 ad- honest citizens on a grand jury of Or- have serious problems with water rec- ditional possible illegal votes to the total. ange County. lamation projects. Half of our State Why? H458 CONGRESSIONAL RECORD — HOUSE February 12, 1998 We have not been shown adequately why tion groupings were reviewed by staff. From portunity for this office to review various as- the 196 votes have not been added to the that review the following was determined: pects of our operation. Thank you for bring- total. If we add the 124 absentee ballots that 67 registration groups, though appearing to ing your concerns to my attention. indicate duplicated records on your list, were Very truly yours, have been disallowed by Orange County and actually separate individuals with similar ROSALYN LEVER, the recent subtraction of another 26 votes by registration data. Registrar of Voters. the County due to voting in a non-residence 19 registration groupings had duplicate b and double registering, the total illegal votes records. However, after reviewing original 1130 documented and alleged is now 970. documents, information does not support the Mr. HOYER. Mr. Speaker, I yield 2 Ms. SANCHEZ had been originally designated conclusion that any of these voters actually minutes to the distinguished gen- the winner by 979 votes, but now we have in- voted twice. The duplicate registrations have tleman from New Jersey (Mr. MENEN- been canceled. dication that a possible 970 votes were cast il- DEZ), one of our deputy whips. 11 registration groupings, representing 11 (Mr. MENENDEZ asked and was legallyÐproviding Ms. SANCHEZ with a victory voters, have been referred to the District At- by just nine votes. torney for review for possible Elections Code given permission to revise and extend Are we ready to dismiss an election chal- violations. his remarks.) Mr. MENENDEZ. Mr. Speaker, I want lenge that has been deemed to have been ADDRESSES WITH 6 OR MORE REGISTERED won by 9 votes with over 900 potential illegal VOTERS to thank the distinguished gentleman votes. Of the 145 addresses submitted with 6 or from Maryland (Mr. HOYER) not only I do not believe we have given this election more registered voters, two addresses were for yielding, but for all of his work on challenge its absolute fair review and the also submitted and reviewed as part of the behalf of not only the gentlewoman Committee has not done its job of informing business address list. Staff reviewed the re- from California (Ms. SANCHEZ), but our the Members of the details of its investigation. maining 143 addresses with the following re- community, which looks at this case COUNTY OF ORANGE, sult. with great, great interest. GENERAL SERVICES AGENCY, 127 addresses appear to be residences with Mr. Speaker, the dismissal of this Santa Ana, CA, January 17, 1997. multiple families or large family groups. witch hunt is a victory for justice and WILLIAM R. HART, 11 addresses are apartment complexes. integrity and respect for the electoral 5 addresses are large residential facilities. Hart, King & Coldren, process. It is a victory for the gentle- Santa Ana, CA. AFFIDAVITS POTENTIALLY HELD MORE THAN 3 woman from California (Ms. SANCHEZ) DEAR MR. HART: Our office has concluded DAYS BEFORE SUBMITTAL TO THE REGISTRAR its review of the various lists submitted by OF VOTERS and the people of California’s 46th Dis- trict who elected her. It is also a vic- you on December 17, 1996. Though it would be Holding records for more than three days inappropriate to discuss individual voter not affect the voter’s eligibility to vote. tory for the Hispanic American com- records, I have provided below summary data munity who stuck together and fought which should clarify and offer perspective on ‘‘VOTED TAPE’’ AND ‘‘STATEMENT OF VOTES’’ DO NOT MATCH this battle, despite attacks on our pri- the issues you have raised. vacy, on our honor, and on our very BUSINESS ADDRESSES The ‘‘voted tape’’ is a tape of voter history and is not utilized in the official canvass. citizenship, our citizenship. Of the 50 addresses submitted representing The ‘‘voted tape’’ is a computer product They underestimated how much that 122 voters, 8 of the addresses representing 29 which is created from a static file of active meant to us, those of us from families voters were duplicated on your list. The re- voter registrations as of 29 days prior to the who came here fleeing political perse- sulting 42 addresses representing 93 voters election and which are still active when the cution, or from nations without basic were reviewed by staff. From the review the tape is created after the election and who rights know and honor the value of our following was determined: have voted in the election. As a result the 39 addresses representing 88 voters were lo- vote. That truth was on our side, and ‘‘white provisional’’ (NVRA Fail Safe) voters cations which served as the voters’ residence that truth won out. and ‘‘new citizen’’ voters are not included on and, therefore, met criteria for registering to Mr. Speaker, 15 months ago, Bob Dor- the ‘‘voted tape’’. In addition, records can- vote. celed between election day and the creation nan claimed a vast conspiracy of voter 2 addresses representing 4 voters were loca- of the tape will not appear on the ‘‘voted fraud stole that election from him, but tions which were not the voters’ residence. tape’’. Some voted records will not accu- the California Secretary of State did Those records are being forwarded to the rately reflect the method of voting. not find any evidence to proof his District Attorney for review and appropriate The data you submitted was compiled by action. charges, a grand jury in Orange County ‘‘regular’’ precinct and not ‘‘consolidated 1 address representing 1 voter was improp- did not find enough proof to issue a sin- voting’’ precinct. This accounts for many of erly entered in the computer system. The ad- gle indictment in the case. The exhaus- the discrepancies in the detail portion of dress information has been corrected. Both tive taxpayer-funded $1 million, 14- your list. Due to the nature of the ‘‘voted addresses were within the same ballot type tape’’ and the fact that the Statement of month investigation produced no ulti- for the general election. Votes is compiled by ‘‘consolidated voting’’ mate proof to overturn the election, REGISTRATIONS INDICATING THE VOTER WAS precinct, this office will address only the and the Republican-dominated over- UNDER AGE summary totals on your report. sight committee itself was forced to Two records were submitted which ap- The report submitted indicated 106,255 bal- recommend dismissing the charges be- peared to indicate the voters were not 18 lots cast on the Statement of Votes and cause there was not enough evidence to years of age at the time of election. After re- 104,270 voters on the ‘‘voted tape’’. Staff has back up Mr. Dornan’s outrageous viewing the original and prior affidavits of reviewed our ‘‘voted tape’’ and has deter- charges. registration, staff has determined both indi- mined there are 104,447 individual voter viduals are over 18 years of age and the dis- records on the ‘‘voted tape’’. Therefore, that One would think that all of these crepancies were caused by data entry errors. shall be the base number used. facts would be enough for Republicans ABSENTEE VOTER RECORDS to admit that Mr. Dornan’s claims Of the 128 records submitted, 5 records were simply false. Instead, in this reso- were duplicated on your list. The resulting lution, Republicans blame various gov- 123 records were reviewed by staff. From that ‘‘Voted tape’’ total ...... 104,447 ernment agencies and officials, from review the following was determined: ‘‘White provisional’’ voters not in- the INS to the U.S. Justice Depart- 59 records appear to have met the basic cri- cluded on ‘‘voted tape’’ ...... 666 ment, as well as various witnesses in teria of absentee return in person, by certain ‘‘New citizen’’ voters not included the case, for preventing them from get- authorized relatives, or in emergency by a on ‘‘voted tape’’ ...... 218 ting the proof they needed. designated representative. Canceled records not included on I have another, more rational expla- 60 records do not appear to have strictly ‘‘voted tape’’ ...... 464 nation for the lack of evidence. It does conformed to the criteria of EC 3017 but were executed by the voter. Total ...... 105,795 not exist. That is the reality, and that 4 records that the absent voter had not is why Hispanic Americans across the This leaves a difference between the properly executed. country are today rejoicing in this de- ‘‘voted tape’’ and the Statement of Votes of DUPLICATE REGISTRATIONS INDICATING 460 records. The 460 records indicate an aver- cision but not forgetting in November POSSIBLE DOUBLE VOTING age of two data entry errors per ‘‘consoli- about what some in this House tried to Of the 114 registration groupings submit- dated voting’’ precinct. do to our basic rights. ted, 17 registration groupings were dupli- The information you have submitted has Mr. THOMAS. Mr. Speaker, could I cated on your list. The resulting 97 registra- been valuable in providing an additional op- inquire as to the time remaining? February 12, 1998 CONGRESSIONAL RECORD — HOUSE H459 The SPEAKER pro tempore (Mr. Mr. Speaker, we consider today an plicated process. But I point out to my CAMP). The gentleman from California issue that is perhaps the most fun- colleagues only that the minority staff, (Mr. THOMAS) has 13 minutes remain- damental issue that can come before smaller and with less information, did, ing, and the gentleman from Maryland the House: Who shall be elected rep- in fact, analyze and go through all of (Mr. HOYER) has 14 minutes remaining. resentative of a congressional district. the votes and all of the names that Mr. THOMAS. Mr. Speaker, I yield to It is a decision that the Constitution of were generated during the course of the gentlewoman from Washington the United States places in the hands this investigation. (Ms. DUNN), a former member of the of two entities. First instance, the vot- The minority staff on the Committee committee. ers of our districts, the people, and on House Oversight undertook an ex- The SPEAKER pro tempore. The gen- then secondly, the Members of this tensive and exhaustive analysis of the tlewoman from Washington (Ms. DUNN) House to judge whether that election data from the INS and other sources. is recognized for how long? was conducted properly. The minority undertook a diligent and Mr. THOMAS. One minute, Mr. It is, therefore, a matter of great im- exhaustive review of the records before Speaker, plus the time that people portance that should be approached us. have been getting after each speaks. with caution, serious consideration, An enormous database was developed Ms. DUNN of Washington. Mr. Speak- thorough and fair analysis, and non- which included information on Orange County er, I rise to thank the Committee on partisanship. It is with regret, frankly, registrants who potentially matched an INS in- House Oversight because I think that that I stand before my colleagues dividual, all naturalization data about the indi- the committee has shown great cour- today to say that while I believe the vidual that was available, including electronic age in considering this challenge to an decision the majority is recommending and hand written notations, and all relevant in- election. is correct and appropriate, the process formation about the individuals registration For decades, we never took a second date and voting status. First, the minority had look at challenges and there was a deal that preceded that decision is not one I to reduce the massive list to those who actu- made between both sides of the House hope that future Congresses will rep- ally voted in the 46th Congressional District, of Representatives, and nothing was licate. The procedures set forth in the Fed- ever done. I think there were among from this database we were able to discern in- eral Contested Election Act, under those four decades of challenges prob- dividuals who had gender conflicts, obvious which this contested election was sup- ably some very good and useful basis. first name mismatches, obvious middle name posed to be considered, are quite clear However, why I am particularly thank- mismatches, and individuals who were clearly and have been used under Democratic American citizens by virtue of birth, parentage ful to Chairman THOMAS and the com- mittee for looking at this challenge is and Republican majorities. The proce- or naturalization date. The INS repeatedly warned that their that it has brought to public view some dures that the task force and the com- data could not be relied on for the pur- very serious problems that exist for mittee undertook in this election con- pose it was being used. Short of face- people who run elections and for citi- test were not consistent with the act, to-face interviews, we will never know zens who should have the right to elect in my opinion, and were not fair, and for sure that the individual from the their own representatives themselves. were certainly not bipartisan. Specifically, I am talking about the From the beginning of this contest, I INS is indeed the same individual as whole area of motor voter and the repeatedly sought a bipartisan process the Orange County voter. Yet, given whole area of the requirement that one whereby we could agree on the proce- that caveat, some conclusions about must be a citizen before he or she dures and the issues before us. I was the majority’s number can be stated. votes. I did work as a party chairman disappointed that throughout the last I can tell my colleagues that the in Washington State for 11 years, and I 14 months, those efforts were contin- number of voters who are described as must say we had the cleanest elections ually and consistently rebuffed. So illegal, noncitizen voters is greatly ex- of all of the States in the Nation dur- closed has this process been that as I aggerated, and that the majority’s own ing that time. Most of it is due to the stand before my colleagues today, I evidence shows this. I want to show my success of our Secretary of State, have only just received a copy of the colleagues a chart where we have ana- Ralph Munro, who himself was an early majority’s report. In fact, contrary to lyzed some, not all, about 150, of the 346 supporter and initiator of motor voter. assertions and commitments that were or so that may be voters who are not But the problem exists in this sort of made to me, I have never been given identified by naturalization date. The scenario, Mr. Speaker. Last year when the majority’s analysis of the votes in fact of the matter is that we have I renewed my driver’s license, the man question to this very day. I, nor any found that 93 percent of the signature behind the counter asked me to come other Member on this floor, with the matches on suspect lists referenced by back there and look at some docu- possible exception of the two Repub- the, 93 percent, were in fact U.S. citi- ments. He showed me a stack of docu- lican task force members and the gen- zens on November 5, 1996. ments this high that he told me were tleman from California (Mr. THOMAS), I can tell my colleagues that rather illegal documents used by people to get have seen the analysis on which the than stonewalling and being unco- their driver’s licenses, upon which they numbers that we have heard earlier operative, the INS responded to more would get the guaranteed right to vote. today are based. than 20 separate committee requests Those were people who were not citi- It is incomprehensible to me that I for either electronic data matches or zens, then using the national ability of come to the well of this House with ab- paper file reviews. The INS has pro- a citizen to vote. solutely no idea how the majority vided approximately 8,000 worksheets This is a big problem, and to the de- reached its findings. Although I am a and nearly 3,700 signatures for the com- gree to which this investigation leads full member of the task force, I have mittee. I would tangentially inform ev- us to analyze and do oversight over the yet to see the list of names behind the erybody in this House, as I have before: whole motor voter issue so that citi- numbers on the majority’s report. I This process has never been pursued be- zens will be required to vote, and that have agreed to keep that confidential, fore in the history of this Republic; not people who are not citizens of our great and I appreciate the chairman’s obser- when the Irish immigrants moved into Nation will not have the authority to vation that in fact every name has Boston, not when the Italian immi- put into positions representatives of been kept confidential. grants moved into Providence; not our Nation I think is a great achieve- However, because the minority, after when the Polish immigrants moved ment of this investigation, and I look a fight, had access to the data received into Chicago; not when the Jewish pop- forward to those oversight hearings from the Immigration and Naturaliza- ulation moved into New York; never that the Committee on House Over- tion Service, I can make some judg- before in the history of America. Not sight will have and to our Secretary of ments about the majority’s numbers. once has this process been pursued. State, Ralph Munro, for providing tes- My colleagues cannot read this chart, Mr. Speaker, 72 different INS field of- timony, as he has agreed to do and I understand, any better than we could fices, including five INS foreign offices, looks forward to doing. read the majority’s chart. Why? Be- as well as district offices, sub-offices, Mr. HOYER. Mr. Speaker, I yield my- cause as the gentleman from Michigan service centers, asylum offices and self 8 minutes. (Mr. EHLERS) said, it has been a com- headquarters assisted the committee in H460 CONGRESSIONAL RECORD — HOUSE February 12, 1998 this investigation. I can tell my col- had an extensive investigation. Allega- credit it. Call it partisan. Call it a leagues that within 7 days of being sub- tions were made on this floor about in- witch-hunt. Fail to cooperate. And not poenaed by the Committee on House dividuals and about organizations. just that side of the aisle, but Federal oversight, the INS provided the com- b 1145 agencies, INS, the Department of Jus- mittee with its first list of names, over tice. And then some who have been in- 500,000 from around the country. There The grand jury of California refused volved in this fraud have fled the coun- were less than 110,000 people who voted to indict a single person or single orga- try so we cannot talk to them. Does all in the congressional race in the 46th nization after hearing the evidence. As of this sound familiar? District, yet 500,000 names were gen- I said earlier, at no time was the gen- Finally, the most repugnant part of erated by the INS in response to the tlewoman from California (Ms. the tactics of the other side is to come majority’s request. SANCHEZ) ever, ever implicated in any and disrupt the proceedings of the I can also tell my colleagues that of wrongdoing. It is right and proper that floor. My concerns is that we cannot the 748 votes that the majority con- we sustain her election today. act through intimidation in this proc- tends are illegal votes by noncitizens, The facts have told a different story ess. We cannot act through obstruc- 124 of them concern absentee ballots. than were originally projected. After a tion. We cannot act through delay. If The registrar of elections who did an yearlong investigation by the DA no we pervert the electoral process, we de- outstanding job during the course of crimes have been found. The DA of Or- stroy faith and confidence in the entire the election and during the course of ange County could not convince a system. this investigation, Roz Lever, said that grand jury of 19 citizens to indict any- Mr. Speaker, this election is one of in a less contested election, she would one. The gentlewoman from California the worst cases of voter fraud in the count. Why? Because the only thing has been found, as we knew it to be the history of Federal elections. Again, wrong with that citizens’ vote was that case, to have won this election. Mr. this is not a game of horseshoes. This it was delivered by the wrong person Speaker, I am glad this has finally is a fact that we have got to 700 and we under the statute. It was an absentee come to an end. have stopped counting. ballot. It may have been a neighbor Mr. Speaker, I would simply say that Mr. Speaker, this Congress has spent rather than a husband that was able to I will offer a motion to recommit so millions and millions of dollars to en- deliver that ballot, but they were citi- that the only thing in the resolutions sure fair elections in Haiti, in Bosnia, in countless developing nations and de- zens of the United States of America. is to do what we should have done in veloping democracies across the world. Their citizenship was never in doubt. February of last year: Dismiss this Yet, we cannot ensure an honest elec- Although the majority talks about 748 complaint that did not provide credible tion and fair election in the 46th Dis- noncitizens voting, they know that evidence, as required by precedents for trict and there are still on the rolls number is exaggerated. the last 30 years, to show anything Furthermore, I can tell my col- other than the gentlewoman from Cali- 1,700 illegal voters, according to our in- leagues that beyond these absentee bal- fornia won cleanly, fairly, and obvi- formation. Let me say that history will record lots, hundreds, hear me now, hundreds ously the election in the 46th Congres- the closing down of this investigation of the so-called illegal, noncitizen vot- sional District in 1996. Mr. THOMAS. Mr. Speaker, would of fraud and this election with disdain. ers are indeed citizens, and have been My grandparents were all immigrants. for a very long time. While some may you please indicate to me how much time is remaining on each side. The greatest day in their life was when not have been citizens when they reg- they became an American citizen. The istered, a bone of legal contention, and The SPEAKER pro tempore (Mr. CAMP). The gentleman from California second greatest day was when they I understand that, they were citizens were able to cast a vote, because they when they voted. The massive net that (Mr. THOMAS) has 11 minutes remain- ing. The gentleman from Maryland often did not have that opportunity the majority cast over the past 14 from where they came. (Mr. HOYER) has 5 minutes remaining. months included individuals that had The integrity of that vote has been Mr. THOMAS. Mr. Speaker, I yield 3 been citizens prior to 1996, and hear me disparaged here today. What have we minutes to the gentleman from Florida now, have been citizens of this country done to the vote that I and they cher- (Mr. MICA), a member of the Commit- for over 20 years that are in the list ish? If those who close down this inves- tee on House Oversight. that the majority has projected. tigation were taking a wrecking ball to Mr. MICA. Mr. Speaker, what we are Let me make clear, at no time was there the side of this House of Representa- talking about here today is one of the any credible evidence to show anything other tives’ chambers, I do not believe they most important responsibilities given than the election of LORETTA SANCHEZ. When could do more damage to this institu- to the Congress, and that is to be a Robert Dornan's initial allegations proved tion than what they are doing today. groundless, that should have been the end of judge of its own Members in contested Mr. HOYER. Mr. Speaker, I do not this matter. But the majority wanted to prove elections. know how many speakers that the ma- a point. They wanted, for the first time ever to Mr. Speaker, this resolution is about jority has left. I may be the only re- move the Federal contested elections act be- fraud in a contested Federal election. maining speaker. Right now, we do not yond a motion to dismiss. When even that ef- This important responsibility is not a have the other speakers here and we fort proved fruitless, they turned to the INS. game of horseshoes where if we get know where they are and they are This matter has taken longer than it close, we win. This is about one of the aware and they obviously cannot get should have, Mr. Speaker. The commit- most sacred responsibilities and oppor- back. tee has had in its possession the evi- tunity every American has, and that is Mr. THOMAS. Mr. Speaker, we have dence that it needed to reach today’s to cast an honest and fair and open bal- the right to close and we have two conclusion for at least 5 months. lot. speakers. Is the gentleman from Mary- If the committee's initial request to the INS The question today is, did fraud land saying that he is the only one re- had been more focused, rather than the occur? And the answer is yes, fraud did maining or there will be additional 500,000 person fishing expedition it was, we occur in this. We have information ones arriving? could have finished sooner. If the majority had from the county, we have information Mr. HOYER. Mr. Speaker, at this managed the procedures of this case in a from the State, we have information time I am the only remaining speaker thoughtful and expeditious manner, rather than from Federal agencies. But we just that we can find, because we note two letting motions objecting to Mr. Dornan's over- heard the gentleman from Maryland of our speakers who want to speak, the ly broad and intrusive sit for months, we could speak at the well who said that we do gentleman from Michigan (Mr. have finished earlier. If we could have come not have all the information necessary. BONIOR), the minority whip, and the together and reviewed the evidence together, Mr. Speaker, I today protest the clos- gentleman from California (Mr. BECER- rather than duplicating staff and committee re- ing down of this investigation of fraud, RA), the chairman of the Hispanic Cau- sources, we could have come to this House and I am dismayed by what has taken cus, both wanted to speak. Both of sooner. place by some on the other side, what them are at another event right now. Some people on this floor continue to they have done. The tactics are, first of We are trying to get them here. I am talk about fraud. The district attorney all, smear the investigation. Try to dis- the only speaker remaining. February 12, 1998 CONGRESSIONAL RECORD — HOUSE H461 Mr. THOMAS. Mr. Speaker, the gen- had been illegally registered? Would he I called a quorum call at this time, I tleman from Maryland indicates he is have pursued that? Let us clear away would be in order? the only speaker remaining, thus I the political baloney. Of course he The SPEAKER pro tempore. That is yield 5 minutes to the gentleman from would have pursued it. Of course we in the discretion of the Chair, and the California (Mr. HUNTER). had a right to do this. Of course Mr. Chair does not have to entertain a call Mr. HUNTER. Mr. Speaker, the for- Dornan did what every single other of the House at this time. est almost gets lost for the trees. Member would have done. Mr. HOYER. But I could do that? Seven hundred forty-eight illegal votes Now, he did not get the 900-plus votes Mr. THOMAS. Mr. Speaker, my as- were found by clear and convincing evi- that was the margin in the election, sumption was that the time was or- dence. Now I, like a number of other according to the committee’s report dered, the time was allotted, and the Members, sat down and got debriefed and its analysis. But that was an in- time should be consumed. by the committee and that was my complete report, in my view, for this Mr. Speaker, I yield 1 minute to the question: When the smoke cleared, reason: It did not review any of the il- gentleman from California (Mr. CAMP- were there illegal votes cast? Were legal aliens who voted. It only reviewed BELL), someone who has been ex- there illegal voters involved? The an- people, the 10,000 or so people who had tremely helpful in getting us to under- swer on both counts was yes. signed up with the system. stand the mathematical theories and Mr. Speaker, I yield to the gentleman So if they never signed up with the the false assumptions that have from California (Mr. THOMAS), chair- system and if they were registered by underlain previous attempts to exam- man of the committee, to ask: Does one of these bounty hunters who got 10 ine elections. this accurately represent the finding of bucks for registering and voting them (Mr. CAMPBELL asked and was the committee? for the party, like the bounty hunters given permission to revise and extend Mr. THOMAS. Mr. Speaker, that is who registered and voted the guy who his remarks.) correct. assassinated the Presidential con- Mr. CAMPBELL. Mr. Speaker, it is Mr. HUNTER. Mr. Speaker, reclaim- tender, Mr. Colosio in Tijuana, he was my prayer that today we can put our ing my time, 748 illegal votes were assassinated by a guy who had been animosities behind us and that is the found by clear and convincing evi- registered twice by the Democrat reason why I asked to speak. Mr. Speaker, I wish to say that it is dence. Party in Los Angeles, of all places. my view that the gentlewoman from Mr. Speaker, I say to my colleagues So those people who were registered, California ought to have her attorneys’ that this investigation was not driven who were illegal aliens and who were fees paid, because she is the prevailing by revelations that Bob Dornan pro- not citizens, who had not signed up to party. I believe that in civil litigation, duced. It was driven by the Los Angeles be naturalized, were not identified. and that should apply here. Times’ report by a Hispanic reporter There is only one way to identify them. who reported that the Hermandad of- And the way to identify them is very b 1200 fice had been raided and that 227 illegal difficult, very hard, very expensive. It I also believe that my good friend voters, nonlegal voters, had been iden- costs about $5 million. We must go and colleague, the gentleman from tified by authorities. That is what door to door and qualify every voter, Michigan (Mr. EHLERS) has done a very started driving this investigation, a once a prima facie proof of fraud has fine job and that it was unfair to criti- Hispanic reporter. been found of illegal voters. We go door cize him as much as he has been criti- Mr. Speaker, let me go to my second to door and we start with Adams and cized. He is an honest man and he did point. The Hispanic community is not go to Ziegler and see if a person is a his very best. against this investigation. At least the legal voter. It costs a lot of money and The same goes for my good friend and Hispanic community that I know. The takes a lot of time. That is the other 90 colleague, the gentleman from Califor- Hispanic community that I served with percent of voters in this district. We nia (Mr. THOMAS). What lasts from this, in Vietnam. The Hispanic community did not do it. what comes out of this that might be in Southern California that believes in Mr. Speaker, Bill Jones, secretary of of permanent value is that we should in having free and fair elections. state of California said, I want to do it. the future have a standard for those Mr. Dornan, is a colleague and a He announced he was going to do it in cases where we cannot prove ballot-box friend who I traveled with to Central March of 1997, and he did not do it. He stuffing, but where the number of per- America when the democracy of Sal- said, and I quote, sons who voted, who should not have, vador was in question, the democracy Given the current state of the law, my exceeds the margin of the outcome. of Honduras, the proposed democracy hands are for all legal purposes tied. I am That is a case that is ambiguous in in Nicaragua was in question. I met prevented from undertaking a large-scale existing law. I think it is a good rule, with him in one of the last meetings citizenship qualification check of the Orange going forward, that when the number with Jose Duarte, that great democrat County voter file as I initially requested in of cases of illegal voters exceeds the March of 1997. of Salvador who brought them to free- margin, we have to hold a new election. dom and democracy, and Bob Dornan So, Mr. Speaker, put me down as feel- That seems to me safe. said, ‘‘This is one of the great people in ing that this investigation is incom- Lastly I would say that the more im- our hemisphere. He is going to bring plete. I am going to vote ‘‘no’’ because portant thing even than that lesson is free elections to this country.’’ I think it is incomplete, because once that we not let the rancor continue. I Bob Dornan did exactly what every we made the prima facia showing of il- welcome my colleague from California one of us would have done. If we had legal voters we should have taken the as a fellow Californian. I trust that all had a narrow election in which we time and taken the expense of $5 mil- of us can put this behind us for the thought we had won on Election Day, lion to check the qualifications of good of our Congress and the good of we were ahead in the votes, the absen- every voter in the district. our Nation. tee ballots came in when we were be- Mr. HOYER. Mr. Speaker, I apolo- The SPEAKER pro tempore (Mr. hind. And then we had a story come gize, but we have had another event CAMP). The gentleman from California out and tell us that raids were being with the President going on. That is (Mr. THOMAS) has 2 minutes remaining, made and over 227 illegal voters had why we are having a little trouble. and the gentleman from Maryland (Mr. been found, which Member in this PARLIAMENTARY INQUIRY HOYER) has 5 minutes remaining. Chamber would not have rightly con- Mr. HOYER. Mr. Speaker, I have a Mr. HOYER. Mr. Speaker, I yield my- tested that election? parliamentary inquiry. self 2 minutes. The gentleman from Connecticut The SPEAKER pro tempore. The gen- Mr. Speaker, I agree with the gen- (Mr. GEJDENSON) spoke and said there tleman will state it. tleman from California. The rancor should have been no contest. The gen- Mr. HOYER. Mr. Speaker, I do this ought to pass from us. I will tell my tleman from Connecticut won one of just to explain to all the Members that friend from California that there would his elections by 23 votes. Now, what if I do not want them to think that I am have been far less rancor if this had he had been told by the major news- getting special advantage from the been a more open process, and we had paper in his town that 227 Republicans chairman. Mr. Speaker, am I correct if felt included in this process. H462 CONGRESSIONAL RECORD — HOUSE February 12, 1998 I think I have the reputation of being thousands of Hispanic voters. They tificate signed by the chief election of- a fair Member who can work with both wasted more than a million dollars of ficer of their State been allowed to be sides of the aisle. I value that reputa- taxpayer money. They ran after so seated, the Democrats did not seat tion and I value that mode of operat- many false leads, stumbled into so him. The Republicans honored the cer- ing. But I will tell my friend that there many dead ends, jumped to so many tificate of election. are clearly some erroneous things that conclusions, I am surprised they can We do things differently than you do. are being said on this floor: 748 illegal still stand up today. You name-call. You argue that there is In the end, they came up empty. In votes. Nobody on this floor knows that no fraud in this election and yet, based the 15 months the Republicans could there are 748 illegal votes that were upon your minority report, you indi- find no evidence, no evidence that LO- cast in this election. I guarantee it. I cate that there were flaws in the elec- RETTA SANCHEZ did anything but win guarantee it as someone who has tion. You argue that the INS data is worked pretty hard on this case, who her election fair and square. So the Re- publicans finally are giving up. They not sufficient for us to prove our point, has read all the precedents, who has but you use the same INS data to say read not the majority report, because I are giving up because they have no case. that our point is invalid. You cannot just received it at 10 minutes of 10:00, have it both ways. but read all of our report, all our law- I do not really expect the Repub- yers’ reports, and investigated as much licans will apologize to the gentle- I understand you are disappointed as I could with the time I had available woman from California (Ms. SANCHEZ), that you are no longer the majority on matches of signatures. but they ought to. I do not expect the and you can not continue to shut down We believe that there is a general Republicans will apologize to the thou- questionable elections as you did for 40 issue here, but that, very frankly, the sands of Hispanic Americans for ques- years. But what this majority now will House has been hurt in the attempt to tioning their right to vote merely on do on this case and in the future is to establish a new precedent with respect the basis of their ethnic heritage, but get to the bottom of problems in elec- to the level of credible evidence nec- they ought to. And I do not really ex- tions. essary to get a Member to the time pect the Republicans will apologize to One thing this House can do is thank when they have to respond to as pro- the voters of Orange County for trying Mr. Dornan because he looked at the longed and expensive contest as this to undermine their constitutional Contested Election Act and said, it is a has been. rights, but they ought to. catch-22 if people can stonewall while LORETTA SANCHEZ won the 1996 elec- The distinguished gentleman from trying to get to the bottom of it. California (Mr. HUNTER) said that we tion fair and square. Grudgingly, the were not proceeding on Mr. Dornan’s Republicans have to acknowledge that. It has been said on your side that you allegations. He was absolutely correct. But now they are trying to cover up need to know the truth. The truth will It was the gentleman from California their retreat with an ugly cloud of in- set you free. What is wrong with trying (Mr. HUNTER) that said that. We believe nuendo and a bill that will be before us to get to the bottom of what happened that is the case. What we were proceed- in just a few minutes to discourage mi- in an election? If you try to find out ing on was information garnered by the nority voters from casting their ballots who the honest voters were, you are committee, not on the contestant’s at election time. automatically a racist. If you try to case. Indeed, the contestant does not This campaign of intimidation has determine an accurate count, it is a have all the information, in my opin- got to stop. Republicans must accept ‘‘witch-hunt.’’ ion, that he should have right now. But that voters get to choose who they What in the world do you folks do neither does the contestee. But it is want represented in this Congress. with a recent headline that says ‘‘INS LORETTA, congratulations on your time for us to dismiss this case. It is Proposing Citizenship Test Overhaul’’? victory. Your courage is an inspiration time for us to go beyond this and in- There is a new screening process to cut to us all. deed it is time to free the gentlewoman Mr. HOYER. Mr. Speaker, I yield my- fraud and delays. from California (Ms. SANCHEZ) from the self the balance of my time. It was the political people, the politi- bondage which has been this case, and We come to the end of a long and cal appointees of the Department of allow her to fully represent the people somewhat torturous time in this Justice who stonewalled. We are famil- of the 46th District. She has been doing House. I congratulate the majority for iar with that tactic from this adminis- so well and I know she will continue. coming to its conclusion. I think it is tration. Mr. Speaker, I yield 2 minutes to the an appropriate and correct conclusion. The professionals at INS cooperated distinguished gentleman from Michi- I regret the rhetoric that is included initially in California. Had we gotten gan (Mr. BONIOR), minority whip. in the preamble to that conclusion. I that kind of cooperation, we would The SPEAKER pro tempore. The gen- think it is erroneous. I disagree with have brought this to a conclusion much tleman from California (Mr. THOMAS) it. For that reason, Mr. Speaker, at the faster. We did not have a preordained has 2 minutes remaining, and the gen- appropriate time I will make, as I said result. We wanted to get to the bottom tleman from Maryland (Mr. HOYER) has earlier, a motion to recommit with in- of it. We have gotten to the bottom of 3 minutes remaining. structions. That motion to recommit it as best we are able. We need to Mr. THOMAS. Is the gentleman’s in- will simply provide for the passage of change the laws to fully understand tention to yield the additional minute, the dismissal of the complainant’s con- who is on the rolls, responsibly and if necessary, or is he going to reserve test. That is what we ought to do. That properly, and who is not. it? is what facts show. It is time that we Mr. HOYER. Mr. Speaker, I will fin- do so. Ms. CHRISTIAN-GREEN. Mr. Speaker and ish our time before yielding back. Mr. Speaker, I yield such time as she my colleagues, I rise to thank my colleagues Mr. BONIOR. Mr. Speaker, I thank may consume to the gentlewoman from on the other side of the isle for finally having my colleague from Maryland (Mr. Texas (Ms. JACKSON-LEE). the courage, after 15 months and over one HOYER) for his work on this, my col- (Ms. JACKSON-LEE of Texas asked and million of wasted taxpayer dollars spent, to league from New York and my col- was given permission to revise and ex- dismiss the completely unfounded challenge of league from New Jersey (Mr. MENEN- tend her remarks.) former Congressman Dornan to the election of DEZ), my colleagues who worked on Ms. JACKSON-LEE of Texas. Mr. LORETTA SANCHEZ. this issue. Speaker, I rise with humility, and I This totally partisan investigation singled out In 1996, the voters of Orange County rise with a sense of freedom that today Representative SANCHEZ and the voters of the elected LORETTA SANCHEZ and they de- we will be able to free LORETTA 46th District of California for unparalleled scru- feated Bob Dornan. That is the way SANCHEZ, finally free LORETTA tiny and harassment, the likes this body never American democracy is supposed to SANCHEZ. work. Voters get to choose who they Mr. THOMAS. Mr. Speaker, I yield saw before. want to represent them in the Con- myself the balance of my time. After hounding Ms. SANCHEZ and the His- gress. Mr. Speaker, I find it ironic the pic- panic-Americans in her District for more than For the past 15 months Bob Dornan ture that is painted by the now minor- a year, with unfounded allegation after allega- and the Republicans have forgotten ity in terms of this process. Would that tion, the majority has finally come to accept that. They questioned the integrity of someone who held a valid election cer- what many of us have known from the very February 12, 1998 CONGRESSIONAL RECORD — HOUSE H463 beginning, which was: That Ms. SANCHEZ was The SPEAKER pro tempore. The gen- Taylor (MS) Velazquez Weygand Thompson Vento Wise duly elected by the lawful voters of her district; tleman qualifies as being opposed to Thurman Visclosky Woolsey and that officials in the State of California in- the resolution because he is opposed to Tierney Waters Wynn cluding, the Orange County District Attorney the preamble which is not to be sepa- Torres Watt (NC) Yates and the California Secretary of State, certified rately voted on under these cir- Towns Waxman Turner Wexler her election. cumstances. So therefore he is opposed So I applaud my Republican colleagues for to the resolution in its present form NAYS—215 taking this action today. While I believe that and he qualifies at this point. Aderholt Gillmor Packard this resolution is 10 months too late in coming The motion is not debatable. Archer Gilman Pappas Armey Goodlatte Parker to the floor, I am grateful that we can finally Without objection, the previous ques- Bachus Goodling Paul put this matter to rest and Ms. SANCHEZ can tion is ordered on the motion to recom- Baker Goss Paxon get on with doing the job she was elected to mit. Ballenger Graham Pease Barr Granger Petri do. Thank you. There was no objection. Barrett (NE) Greenwood Pickering Mrs. KENNELLY of Connecticut, Mr. Speak- The SPEAKER pro tempore. The Bartlett Gutknecht Pitts er, I am very pleased that the House Over- question is on the motion to recommit. Barton Hansen Pombo sight Committee has decided to dismiss the The question was taken; and the Bass Hastert Porter Bateman Hastings (WA) Portman election contest against our colleague, LORET- Speaker pro tempore announced that Bereuter Hayworth Pryce (OH) TA SANCHEZ. the noes appeared to have it. Bilbray Hefley Quinn Of course, this action took an unconscion- Mr. HOYER. Mr. Speaker, I object to Bilirakis Herger Radanovich Bliley Hill Ramstad able amount of timeÐmore than a year has the vote on the ground that a quorum Blunt Hilleary Redmond passed since Congresswoman SANCHEZ was is not present and make the point of Boehlert Hobson Regula seated in this House. Of course, this action in- order that a quorum is not present. Boehner Hoekstra Riley volved charges that on their face had no merit The SPEAKER pro tempore. Evi- Bonilla Horn Rogan Brady Hostettler Rogers but were nonetheless pursued. Of course, it is dently a quorum is not present. Bryant Houghton Rohrabacher difficult to understand the actionÐexcept as The Sergeant at Arms will notify ab- Bunning Hulshof Ros-Lehtinen an attempt to intimidate and distract a vulner- sent Members. Burr Hunter Roukema Burton Hutchinson Royce able new member of this House. The vote was taken by electronic de- Calvert Hyde Ryun Nonetheless, I am pleased. And I would be vice, and there were—yeas 194, nays Camp Inglis Salmon glad to put this difficult chapter behind usÐex- 215, not voting 21, as follows: Campbell Istook Sanford cept that the majority is intent on writing a new Canady Jenkins Saxton [Roll No. 15] Cannon Johnson (CT) Schaefer, Dan chapter today. YEAS—194 Castle Johnson, Sam Schaffer, Bob The Oversight investigation turned up no Chabot Jones Sensenbrenner Abercrombie Gejdenson Meeks (NY) Chambliss Kasich Sessions evidence of large-scale non-citizen votingÐnot Ackerman Gephardt Menendez Chenoweth Kelly Shadegg in Orange County, and certainly not nation- Allen Goode Millender- Christensen Kim Shaw Andrews Gordon McDonald wide. Why then are we being asked to con- Coble King (NY) Shays Baesler Green Miller (CA) sider this next piece of legislation? At best, it Coburn Kingston Shimkus Baldacci Gutierrez Minge Collins Klug Shuster is unnecessaryÐa solution in search of a Barcia Hall (OH) Moakley Combest Knollenberg Skeen Barrett (WI) Hall (TX) Mollohan problem. At worst, it is an effort to intimidate Cook Kolbe Smith (MI) Becerra Hamilton Moran (VA) naturalized American citizens from exercising Cooksey LaHood Smith (NJ) Bentsen Hastings (FL) Murtha Cox Largent Smith (TX) our most precious rightÐthe right to vote. Berman Hefner Nadler Crapo Latham Smith, Linda Mr. Speaker, I urge my colleagues to join Berry Hilliard Neal Cubin LaTourette Snowbarger Bishop Hinchey Oberstar me in congratulating LORETTA SANCHEZÐonce Cunningham Lazio Souder Blagojevich Hinojosa Obey againÐin her election victory in November Davis (VA) Leach Spence Blumenauer Holden Olver Deal Lewis (CA) Stearns 1996. And I urge them also to join me in op- Bonior Hooley Ortiz DeLay Lewis (KY) Stump Borski Hoyer Owens posing the unfair and unworkable Horn bill. Diaz-Balart Linder Sununu Boswell Jackson (IL) Pallone Mr. THOMAS. Mr. Speaker, I would Dickey Livingston Talent Boucher Jackson-Lee Pascrell urge all colleagues to vote aye and I Doolittle LoBiondo Tauzin Boyd (TX) Pastor Dreier Lucas Taylor (NC) move the previous question on the res- Brown (CA) Jefferson Payne Duncan Manzullo Thomas Brown (FL) John Pelosi olution and on the preamble. Dunn McCollum Thornberry Brown (OH) Johnson, E. B. Peterson (MN) The previous question was ordered. Ehlers McCrery Thune Cardin Kanjorski Pickett Ehrlich McDade Tiahrt MOTION TO RECOMMIT OFFERED BY MR. HOYER Carson Kaptur Pomeroy Emerson McHugh Traficant Clay Kennedy (MA) Poshard Mr. HOYER. Mr. Speaker, I offer a English McInnis Upton Clayton Kennedy (RI) Price (NC) motion to recommit. Everett McIntosh Walsh Clyburn Kennelly Rahall Ewing McKeon Wamp The SPEAKER pro tempore. Is the Condit Kildee Rangel Fawell Metcalf Watkins Costello Kilpatrick Reyes gentleman opposed to the resolution? Foley Mica Watts (OK) Coyne Kind (WI) Rivers Mr. HOYER. I am opposed to the pre- Fossella Moran (KS) Weldon (FL) Cramer Kleczka Roemer amble. Fowler Morella Weldon (PA) Cummings Klink Rothman Fox Myrick Weller The SPEAKER pro tempore. The Danner Kucinich Roybal-Allard Franks (NJ) Nethercutt White Davis (FL) LaFalce Rush Clerk will report the motion to recom- Frelinghuysen Neumann Whitfield Davis (IL) Lampson Sabo mit. Gallegly Ney Wicker DeFazio Levin Sanchez Ganske Northup Wolf The Clerk read as follows: DeGette Lewis (GA) Sanders Gekas Norwood Young (AK) OYER Delahunt Lipinski Sandlin Mr. H moves to recommit the resolu- Gibbons Nussle Young (FL) DeLauro Lofgren tion H. Res. 355 to the Committee on House Sawyer Gilchrest Oxley Oversight with instructions to report the Deutsch Lowey Schumer same back to the House forthwith with the Dicks Luther Scott NOT VOTING—21 Dingell Maloney (CT) Serrano Buyer Furse Peterson (PA) following amendment: Dixon Maloney (NY) Sherman Callahan Gonzalez Riggs Strike the preamble. Doggett Manton Sisisky Clement Harman Rodriguez PARLIAMENTARY INQUIRY Dooley Markey Skaggs Conyers Johnson (WI) Scarborough Doyle Martinez Skelton Mr. THOMAS. Mr. Speaker, I have a Crane Lantos Schiff Edwards Mascara Slaughter Ensign Miller (FL) Smith (OR) parliamentary inquiry. Engel Matsui Smith, Adam Eshoo Mink Solomon The SPEAKER pro tempore. The gen- Etheridge McCarthy (MO) Snyder tleman will state it. Evans McCarthy (NY) Spratt Farr McDermott Stabenow b 1232 Mr. THOMAS. As the motion was Fattah McGovern Stark presented, it is its entirety. Can the Fazio McHale Stenholm Mr. NEUMANN, Mr. NETHERCUTT gentleman then be partially for and Filner McIntyre Stokes and Mrs. CHENOWETH changed their partially against a motion to recom- Forbes McKinney Strickland vote from ‘‘yea’’ to ‘‘nay.’’ Ford McNulty Stupak mit? The gentleman is not opposed to Frank (MA) Meehan Tanner Messrs. SKAGGS, TAYLOR of Mis- the motion in its present form? Frost Meek (FL) Tauscher sissippi, KENNEDY of Massachusetts, H464 CONGRESSIONAL RECORD — HOUSE February 12, 1998 and MURTHA changed their vote from McCrery Pickett Smith (TX) The SPEAKER pro tempore (Mr. GIB- McDade Pitts Smith, Adam ‘‘nay’’ to ‘‘yea.’’ McDermott Pomeroy Snowbarger BONS). Is there objection to the request So the motion to recommit was re- McGovern Porter Snyder of the gentleman from California? jected. McHale Portman Souder There was no objection. The result of the vote was announced McHugh Poshard Spratt f McInnis Price (NC) Stabenow as above recorded. McIntyre Pryce (OH) Stark VOTER ELIGIBILITY VERIFICATION The SPEAKER pro tempore (Mr. McKeon Quinn Stenholm PILOT PROGRAM ACT OF 1998 CAMP). The question is on the resolu- McKinney Radanovich Stokes McNulty Rahall Strickland Mr. PEASE. Mr. Speaker, I move to tion. Meehan Ramstad Stupak The question was taken; and the Meek (FL) Rangel Sununu suspend the rules and pass the bill Speaker pro tempore announced that Meeks (NY) Redmond Talent (H.R. 1428) to amend the Immigration the ayes appeared to have it. Menendez Regula Tanner and Nationality Act to establish a sys- Metcalf Reyes Tauscher tem through which the Commissioner Mr. HOYER. Mr. Speaker, on that I Millender- Riley Tauzin demand the yeas and nays. McDonald Rivers Taylor (MS) of Social Security and the Attorney The yeas and nays were ordered. Miller (CA) Rodriguez Thomas General respond to inquiries made by Minge Roemer Thompson The vote was taken by electronic de- election officials concerning the citi- Moakley Rogers Thornberry zenship of voting registration appli- vice, and there were—yeas 378, nays 33, Mollohan Ros-Lehtinen Thune not voting 19, as follows: Moran (KS) Rothman Thurman cants and to amend the Social Security Moran (VA) Roukema Tierney Act to permit States to require individ- [Roll No. 16] Morella Roybal-Allard Torres uals registering to vote in elections to YEAS—378 Murtha Rush Towns Myrick Ryun Traficant provide the individual’s Social Secu- Abercrombie Davis (IL) Hill Nadler Sabo Turner rity number, as amended. Ackerman Davis (VA) Hilleary Neal Salmon Upton The Clerk read as follows: Aderholt Deal Hilliard Nethercutt Sanchez Velazquez Allen DeFazio Hinchey Neumann Sanders Vento H.R. 1428 Andrews DeGette Hinojosa Ney Sandlin Visclosky Be it enacted by the Senate and House of Rep- Archer Delahunt Hobson Northup Sanford Walsh resentatives of the United States of America in Armey DeLauro Hoekstra Nussle Sawyer Wamp Congress assembled, Bachus DeLay Holden Oberstar Saxton Waters SECTION 1. SHORT TITLE. Baesler Deutsch Hooley Obey Scarborough Watkins Baker Diaz-Balart Horn Olver Schaefer, Dan Watt (NC) This Act may be cited as the ‘‘Voter Eligi- Baldacci Dickey Houghton Ortiz Schumer Watts (OK) bility Verification Pilot Program Act of Barcia Dicks Hoyer Owens Scott Waxman 1998’’. Barrett (NE) Dingell Hulshof Oxley Serrano Weldon (FL) SEC. 2. VOTER ELIGIBILITY PILOT CONFIRMA- Barrett (WI) Dixon Hutchinson Packard Sessions Weldon (PA) TION PROGRAM. Barton Doggett Hyde Pallone Shadegg Weller (a) IN GENERAL.—The Attorney General, in Bass Dooley Inglis Pappas Shaw Wexler Bateman Doyle Istook Parker Shays Weygand consultation with the Commissioner of So- Becerra Dreier Jackson (IL) Pascrell Sherman White cial Security, shall establish a pilot program Bentsen Duncan Jackson-Lee Pastor Shimkus Whitfield to test a confirmation system through which Bereuter Dunn (TX) Paxon Shuster Wicker they— Berman Ehlers Jefferson Payne Sisisky Wolf (1) respond to inquiries, made by State and Berry Ehrlich Jenkins Pease Skaggs Woolsey Bilbray Emerson John local officials (including voting registrars) Pelosi Skeen Wynn with responsibility for determining an indi- Bilirakis Engel Johnson (CT) Peterson (MN) Skelton Yates Bishop English Johnson, E. B. Peterson (PA) Slaughter Young (AK) vidual’s qualification to vote in a Federal, Blagojevich Ensign Johnson, Sam Petri Smith (MI) Young (FL) State, or local election, to verify the citizen- Bliley Etheridge Kanjorski Pickering Smith (NJ) ship of an individual who has submitted a Blumenauer Evans Kaptur voter registration application, and Blunt Everett Kasich NAYS—33 (2) maintain such records of the inquiries Boehlert Ewing Kelly Ballenger Gutknecht Pombo Boehner Farr Kennedy (MA) made and verifications provided as may be Barr Herger Rogan necessary for pilot program evaluation. Bonilla Fattah Kennedy (RI) Bartlett Hostettler Rohrabacher Bonior Fawell Kennelly Burton Hunter Royce In order to make an inquiry through the Borski Fazio Kildee Calvert Jones Schaffer, Bob pilot program with respect to an individual, Boswell Filner Kilpatrick Chabot Kingston Sensenbrenner an election official shall provide the name, Boucher Foley Kim Chenoweth Lewis (KY) Spence Boyd Forbes Kind (WI) date of birth, and social security account Crane McIntosh Stearns number of the individual. Brady Ford King (NY) Cubin Mica Stump Brown (CA) Fossella Kleczka (b) INITIAL RESPONSE.—The pilot program Doolittle Norwood Taylor (NC) shall provide for a confirmation or a ten- Brown (FL) Fowler Klink Gekas Paul Tiahrt Brown (OH) Fox Klug tative nonconfirmation of an individual’s Bryant Frank (MA) Knollenberg NOT VOTING—19 citizenship by the Commissioner of Social Bunning Franks (NJ) Kolbe Buyer Harman Schiff Security as soon as practicable after an ini- Burr Frelinghuysen Kucinich Callahan Johnson (WI) Smith (OR) tial inquiry to the Commissioner. Camp Frost LaFalce Clement Lantos Smith, Linda Campbell Gallegly LaHood (c) SECONDARY VERIFICATION PROCESS IN Edwards Livingston Solomon Canady Ganske Lampson CASE OF TENTATIVE NONCONFIRMATION.—In Eshoo Miller (FL) Wise Cannon Gejdenson Largent cases of tentative nonconfirmation, the At- Furse Mink Cardin Gephardt Latham torney General shall specify, in consultation Gonzalez Riggs Carson Gibbons LaTourette with the Commissioner of Social Security Castle Gilchrest Lazio b 1252 and the Commissioner of the Immigration Chambliss Gillmor Leach and Naturalization Service, an available sec- Christensen Gilman Levin Mr. WATTS of Oklahoma changed his Clay Goode Lewis (CA) ondary verification process to confirm the Clayton Goodlatte Lewis (GA) vote from ‘‘nay’’ to ‘‘yea.’’ validity of information provided and to pro- Clyburn Goodling Linder So the resolution was agreed to. vide a final confirmation or nonconfirmation Coble Gordon Lipinski The result of the vote was announced as soon as practicable after the date of the Coburn Goss LoBiondo as above recorded. tentative nonconfirmation. Collins Graham Lofgren (d) DESIGN AND OPERATION OF PILOT PRO- Combest Granger Lowey A motion to reconsider was laid on GRAM.— Condit Green Lucas the table. Conyers Greenwood Luther (1) IN GENERAL.—The pilot program shall be Cook Gutierrez Maloney (CT) f designed and operated— Cooksey Hall (OH) Maloney (NY) (A) to apply in, at a minimum, the States Costello Hall (TX) Manton GENERAL LEAVE of California, New York, Texas, Florida, and Cox Hamilton Manzullo Illinois; Coyne Hansen Markey Mr. THOMAS. Mr. Speaker, I ask unanimous consent that all Members (B) to be used on a voluntary basis, as a Cramer Hastert Martinez supplementary information source, by State Crapo Hastings (FL) Mascara may have 5 legislative days in which to and local election officials for the purpose of Cummings Hastings (WA) Matsui revise and extend their remarks on Cunningham Hayworth McCarthy (MO) assessing, through citizenship verification, Danner Hefley McCarthy (NY) House Resolution 355, the resolution the eligibility of an individual to vote in Davis (FL) Hefner McCollum just agreed to. Federal, State, or local elections; February 12, 1998 CONGRESSIONAL RECORD — HOUSE H465 (C) to respond to an inquiry concerning of notification from an election official subdivision thereof) may, for the purpose of citizenship only in a case where determining under subsection (i). making inquiries under the pilot program in whether an individual is a citizen is— (h) LIMITATION ON USE OF THE PILOT PRO- the administration of any voter registration (i) necessary for determining whether the GRAM AND ANY RELATED SYSTEMS.— law within its jurisdiction, use the social se- individual is eligible to vote in an election (1) IN GENERAL.—Notwithstanding any curity account numbers issued by the Com- for Federal, State, or local office; and other provision of law, nothing in this sec- missioner of Social Security, and may, for (ii) part of a program or activity to protect tion shall be construed to permit or allow such purpose, require any individual who is the integrity of the electoral process that is any department, bureau, or other agency of or appears to be affected by a voter registra- uniform, nondiscriminatory, and in compli- the United States Government to utilize any tion law of such State (or political subdivi- ance with the Voting Rights Act of 1965 (42 information, data base, or other records as- sion thereof) to furnish to such State (or po- U.S.C. 1973 et seq.); sembled under this section for any other pur- litical subdivision thereof) or any agency (D) to maximize its reliability and ease of pose other than as provided for under this thereof having administrative responsibility use, consistent with insulating and protect- section. for such law, the social security account ing the privacy and security of the underly- (2) NO NATIONAL IDENTIFICATION CARD.— number (or numbers, if the individual has ing information; Nothing in this section shall be construed to more than one such number) issued to the in- (E) to permit inquiries to be made to the authorize, directly or indirectly, the dividual by the Commissioner. pilot program through a toll-free telephone issuance or use of national identification (k) TERMINATION AND REPORT.—The pilot line or other toll-free electronic media; cards or the establishment of a national program shall terminate September 30, 2001. (F) subject to subparagraph (I), to respond identification card. The Attorney General and the Commissioner to all inquiries made by authorized persons (3) NO NEW DATA BASES.—Nothing in this of Social Security shall each submit to the and to register all times when the pilot pro- section shall be construed to authorize, di- Committee on the Judiciary and the Com- gram is not responding to inquiries because rectly or indirectly, the Attorney General mittee on Ways and Means of the House of of a malfunction; and the Commissioner of Social Security to Representatives and to the Committee on (G) with appropriate administrative, tech- create any joint computer data base that is the Judiciary and the Committee on Finance nical, and physical safeguards to prevent un- not in existence on the date of the enact- of the Senate reports on the pilot program authorized disclosure of personal informa- ment of this Act. not later than December 31, 2001. Such re- (i) ACTIONS BY ELECTION OFFICIALS UNABLE tion, including violations of the require- ports shall— TO CONFIRM CITIZENSHIP.— ments of section 205(c)(2)(C)(viii) of the So- (1) assess the degree of fraudulent attest- (1) IN GENERAL.—If an election official re- ing of United States citizenship in jurisdic- cial Security Act; ceives a notice of final nonconfirmation tions covered by the pilot program; (H) to have reasonable safeguards against under subsection (c) with respect to an indi- (2) assess the appropriate staffing and the pilot program’s resulting in unlawful dis- vidual, the official— funding levels which would be required for criminatory practices based on national ori- (A) shall notify the individual in writing; gin or citizenship status, including the selec- and full, permanent, and nationwide implemen- tive or unauthorized use of the pilot pro- (B) shall inform the individual in writing tation of the pilot program, including the es- gram. of the individual’s right to use— timated total cost for national implementa- (2) USE OF EMPLOYMENT ELIGIBILITY CON- (i) the process provided under subsection tion per individual record; FIRMATION SYSTEM.—To the extent prac- (g) for the prompt correction of erroneous in- (3) include an assessment by the Commis- ticable, in establishing the confirmation sys- formation in the pilot program; or sioner of Social Security of the advisability tem under this section, the Attorney Gen- (ii) any other process for establishing eligi- and ramifications of disclosure of social se- eral, in consultation with the Commissioner bility to vote provided under State or Fed- curity account numbers to the extent pro- of Social Security, shall use the employment eral law. vided for under the pilot program and upon eligibility confirmation system established full, permanent, and nationwide implemen- (2) REGISTRATION APPLICANTS.—In the case under section 404 of the Illegal Immigration of an individual who is an applicant for voter tation of the pilot program; Reform and Immigrant Responsibility Act of registration, and who receives a notice from (4) assess the degree to which the records 1996 (Public Law 104–208; 110 Stat. 3009–664). an official under paragraph (1), the official maintained by the Commissioner of Social (e) RESPONSIBILITIES OF THE COMMISSIONER may (subject to, and in a manner consistent Security and the Commissioner of the Immi- OF SOCIAL SECURITY.—As part of the pilot with, State law) reject the application (sub- gration and Naturalization Service are able program, the Commissioner of Social Secu- ject to the right to reapply), but only if the to be used to reliably determine the citizen- rity shall establish a reliable, secure method following conditions have been satisfied: ship of individuals who have submitted voter which compares the name, date of birth, and (A) The 30-day period beginning on the registration applications; social security account number provided in date the notice was mailed or otherwise pro- (5) assess the effectiveness of the pilot pro- an inquiry against such information main- vided to the individual has elapsed. gram’s safeguards against unlawful discrimi- tained by the Commissioner, in order to con- natory practices; firm (or not confirm) the correspondence of (B) During such 30-day period, the official did not receive adequate confirmation of the (6) include recommendations on whether or the name, date of birth, and number provided not the pilot program should be continued or and whether the individual is shown as a cit- citizenship of the individual from— (i) a source other than the pilot program modified; and izen of the United States on the records (7) include such other information as the maintained by the Commissioner (including established under this section; or (ii) such pilot program, pursuant to a new Attorney General or the Commissioner of whether such records show that the individ- Social Security may determine to be rel- ual was born in the United States). The Com- inquiry to the pilot program made by the of- ficial upon receipt of information (from the evant. missioner shall not disclose or release social SEC. 3. AUTHORIZATION OF APPROPRIATIONS. security information (other than such con- individual or through any other reliable source) that erroneous or incomplete mate- There are authorized to be appropriated to firmation or nonconfirmation). the Department of Justice, for the Immigra- (f) RESPONSIBILITIES OF THE COMMISSIONER rial information previously in the pilot pro- tion and Naturalization Service, for fiscal OF THE IMMIGRATION AND NATURALIZATION gram has been updated, supplemented, or years beginning on or after October 1, 1998, SERVICE.—As part of the pilot program, the corrected. such sums as are necessary to carry out the Commissioner of the Immigration and Natu- (3) INELIGIBLE VOTER REMOVAL PROGRAMS.— provisions of this Act. ralization Service shall establish a reliable, In the case of an individual who is registered secure method which compares the name and to vote, and who receives a notice from an The SPEAKER pro tempore. Pursu- date of birth which are provided in an in- official under paragraph (1) in connection ant to the rule, the gentleman from In- quiry against information maintained by the with a program to remove the names of ineli- diana (Mr. PEASE) and the gentleman Commissioner in order to confirm (or not gible voters from an official list of eligible from North Carolina (Mr. WATT) each confirm) the validity of the information pro- voters, the official may (subject to, and in a will control 20 minutes. manner consistent with, State law) remove vided, the correspondence of the name and The Chair recognizes the gentleman date of birth, and whether the individual is a the name of the individual from the list (sub- citizen of the United States. ject to the right to submit another voter reg- from Indiana (Mr. PEASE). (g) UPDATING INFORMATION.—The Commis- istration application), but only if the follow- Mr. PEASE. Mr. Speaker, I ask unan- sioner of Social Security and the Commis- ing conditions have been satisfied: imous consent that all Members may sioner of the Immigration and Naturaliza- (A) The 30-day period beginning on the have 5 legislative days to revise and ex- tion Service shall update their information date the notice was mailed or otherwise pro- tend their remarks on the bill under in a manner that promotes the maximum ac- vided to the individual has elapsed. consideration. curacy and shall provide a process for the (B) During such 30-day period, the official The SPEAKER pro tempore. Is there prompt correction of erroneous information, did not receive adequate confirmation of the objection to the request of the gen- including instances in which it is brought to citizenship of the individual from a source their attention in the secondary verification described in clause (i) or (ii) of paragraph tleman from Indiana? process described in subsection (c) or in any (2)(B). There was no objection. action by an individual to use the process (j) AUTHORITY TO USE SOCIAL SECURITY AC- Mr. PEASE. Mr. Speaker, I yield my- provided under this subsection upon receipt COUNT NUMBERS.—Any State (or political self such time as I may consume. H466 CONGRESSIONAL RECORD — HOUSE February 12, 1998 Mr. Speaker, there is no more pre- Mr. Speaker, I reserve the balance of then the official would have to notify cious right of citizenship than the my time. the individual in writing and permit right to vote. When noncitizens falsely Mr. WATT of North Carolina. Mr. them the opportunity to establish their claim to be citizens in order to vote, Speaker, I yield myself 1 minute. eligibility to vote. There would be 30 this right is cheapened for everyone Mr. Speaker, there are 5 important days to provide proof of citizenship. else. reasons why this bill is a bad idea. The So it is not a mandate; it is a process Congress recognized the significance bill’s proposed verification system just that will work, and the data are there, of vote fraud by aliens in passing the simply will not work. The bill would and we should not be hiding it in the Illegal Immigration Reform and Immi- expose individuals’ Social Security hills, we should be letting those data gration Responsibility Act of 1996. The numbers to public inspection, an idea be used to assure the purity of elec- act makes falsely claiming to be a citi- that we have long opposed. tions in the United States of America. zen in order to register to vote or to This bill is politically motivated. Mr. WATT of North Carolina. Mr. vote a Federal criminal offense. The bill undermines the Voting Rights Speaker, I yield such time as she may There is currently no satisfactory Act and the National Voter Registra- consume to the gentlewoman from way for local registrars to ensure that tion Act, the so-called motor voter act, Florida (Mrs. MEEK). there are no noncitizens on their vot- and this bill has never ever been con- (Mrs. MEEK of Florida asked and was ing rolls or for the Justice Department sidered and voted upon by any commit- given permission to revise and extend to enforce the criminal penalties. At- tee of this House or any subcommittee her remarks.) tempts have been made to check voting of this House. Mrs. MEEK of Florida. Mr. Speaker, I rolls against Immigration and Natu- Those are 5 good reasons that this oppose this bill. ralization Service records in order to bill should be defeated. ferret out noncitizens; however, INS I oppose this bill because we have no evi- Mr. Speaker, I reserve the balance of dence that it will effectively fight voter fraud. data at best can only tell us that a my time. voter is a legal alien or a naturalized This nation has had voter fraud for hun- Mr. PEASE. Mr. Speaker, I yield 3 dreds of years. But the Republican leadership citizen. INS data cannot tell us wheth- minutes to the gentleman from Califor- er a voter is a native born U.S. citizen has apparently just noticed it. They are bring- nia (Mr. HORN), the author of the bill. ing to the floor today a bill that was introduced or an illegal alien. Mr. HORN. Mr. Speaker, when my Our colleague, the gentleman from almost a year ago and is so complicated that Irish great-grandfather came here, the it was referred to three committees on April California (Mr. HORN), introduced a bill first time he had a chance to vote, he to resolve this dilemma. H.R. 1428, the 24, 1997. dressed up in top hat and tails to go to Voter Eligibility Verification Pilot But only one Committee has even held a the polls. When my German immigrant Program Act of 1998, will provide us hearing on the billÐon June 25. None of the father came here, he could not afford with the means to identify noncitizens three Committees has voted on it. the top hat or the tails, but the proud- who are either trying to register to Why is the leadership afraid to let the nor- est moment of his life was when he cast vote or are already registered. The bill mal Committee process work? Why are they his first vote in the United States of will set up a 3-year pilot program in rushing to the floor today a bill that was intro- America. which registrars on their own initia- duced almost a year ago? The vote is precious. American citi- tive can send their voting rolls to the One of my constituents has an explanation. zens expect the voting rolls to consist Federal Government to be checked He says this bill would undermine the Motor of American citizens. But right now against both Social Security Adminis- Voter Law, erect new barriers to voting, and there is no way to make that assur- tration and INS records. suppress voting by members of ethnic and ra- ance. What this bill does is provide an Checking the rolls with both agencies cial minorities. opportunity in five pilot States over is the key to a successful verification Why are we focusing on only one kind of the next three years to test the federal program. Just about everyone has a voter fraud? What about dead people who information that a local registrar of Social Security number. Therefore, vote? What about U.S. citizens who vote more voters may seek. It is not compulsory; checks against Social Security Admin- than once? What about U.S. citizens who are it is not the Federal Government tell- istration records can tell us whether prevented from voting? ing the States how to deal with their someone is fabricating an identity and Vote against this bill and send it back to the voting rolls, but it is the Federal Gov- whether someone is a native-born citi- three committees so that we can develop a ernment providing two tools for the zen. thoughtful bipartisan response to the serious local registrar to use to answer one As I mentioned, the INS maintains problem of voter fraud. question: Is the person a citizen or is naturalization records. Comparing in- Mr. WATT of North Carolina. Mr. the person not? formation on voters against both agen- Speaker, I yield such time as he may American voters expect citizens to be cies’ records will let us know conclu- consume to the gentleman from Texas sively whether individuals are U.S. on that roll, not noncitizens. (Mr. GREEN). citizens or not. Illegal aliens will not b 1300 (Mr. GREEN asked and was given be able to escape notice simply because permission to revise and extend his re- the INS has no record of them. The pilot program would be in Cali- marks.) I know there is opposition to this fornia, New York, Texas, Florida and bill. Opponents will argue today that Illinois. It would terminate on Septem- Mr. GREEN. Mr. Speaker, I rise in the Social Security Administration’s ber 30, 2001, and it would make very opposition to H.R. 1428. records do not always indicate whether clear that State and local governments I rise in strong opposition to H.R. 1428, the a person is a citizen. True. But the may require the Social Security num- Voter Eligibility Verification Act. This bill is de- records do indicate the place of birth, ber simply as part of the voter reg- signed to undermine the voter turnout of our and anyone born in the United States istration process. Again, it is a ‘‘may.’’ country's naturalized citizens. is a citizen. If they do not want to do it, they do How does this bill achieve this goal? H.R. The opponents may argue that oper- not have to do it. But 23 States now re- 1428 allows local and state election officials to ation of the pilot program will result quest or require at least part of the So- pull anyone's name and submit it to either INS in discrimination. Not true. The bill cial Security number for voter reg- or to the Social Security Administration for ver- specifically states that a registrar’s in- istration purposes. Again, that has ification of citizenship. If the name can not be quiry must be part of a program or ac- been up to the States. confirmed by either agency, this bill will force tivity to protect the integrity of the Now, the election official, if he or she the voter to provide citizenship verification to electoral process that is uniform, non- found that by accessing the Social Se- the local voter registrar. Therefore if my name discriminatory and in compliance with curity base that there were noncitizens could not be confirmed, I would need to the Voting Rights Act of 1965. on the voter roll, then they could go present my birth certificate or passport to vote. Mr. Speaker, I urge my colleagues to into the INS base to find out if they Who are the targets of H.R. 1428? support H.R. 1428 and let the American are naturalized, which is the equiva- The targets are citizens whose names may people know that we will not sit back lent of citizenship and is citizenship. If seem questionable to election officials. Where and see their rights demeaned. there is no evidence of naturalization, will they start this search? Are they going to February 12, 1998 CONGRESSIONAL RECORD — HOUSE H467 start with Green, Smith, or Jones? Or are they A better title for this bill is the ``Voter Sup- wanted to stand up for the right of all going to start the search with Gonzales, pression Act.'' Not only will it discourage new Americans to participate in our democ- Torres, or Jiminez? citizens from exercising their rights, but it racy, now is your chance. Now is your Conceivably, this bill would allow election of- could easily prohibit natural-born and natural- turn, now is your time. ficials to send the names of whole neighbor- ized citizens from voting. Like the poll tax, like the literacy hoods for verification. In Texas we have this This bill hands control over voter lists to test, this bill is intended to keep people ability now to challenge voters. state and local officials with no requirements from participating in our political I support all efforts to stop voter fraud. How- that they act in ways that are uniform and do process. That is a shame; it is a dis- ever, this bill does seem to target our immi- not discriminate. Citizens could be purged grace. It harks back to another period, grant population. from the voter rollsÐdenied their constitutional a dark period in our history. I urge my colleagues to oppose this anti-im- rightÐsimply because they had an ``ethnic- We have come too far to go back to migrant bill. sounding'' surname or because they live in a the days of Bull Connor, Sheriff Jim Mr. WATT of North Carolina. Mr. predominantly minority neighborhood. Clark, and George Wallace. We cannot Speaker, I yield such time as he may And what would be their recourse? Well, go back, we must not go back, and we consume to the gentleman from Cali- under this bill, they would have to depend on will not go back. I urge all of my colleagues to do what fornia (Mr. FILNER). the INS and the Social Security Administration they know is right in their hearts. Sup- (Mr. FILNER asked and was given to ``confirm'' their citizenship, even though nei- port one man, one vote. Let us not permission to revise and extend his re- ther agency is equipped for that purpose. marks.) erase the progress we have made in our Citizenship cannot be confirmed by check- Nation. Defeat the Horn bill, defeat Mr. FILNER. Mr. Speaker, I rise in ing a person's Social Security number. The strong opposition against this measure this bill, and defeat it now. Social Security Administration does not require Mr. PEASE. Mr. Speaker, I yield 2 to intimidate voters in my State of information about citizenship and only started minutes to the gentleman from Califor- California. requesting it 20 years ago. And the INS only nia (Mr. HORN). Mr. Speaker, the right to vote is too sacred keeps records of immigrantsÐnot natural-born Mr. HORN. Mr. Speaker, I would like to be dependent on incomplete, unreliable citizens. to respond to my good friend from data bases. To top it off, H.R. 1428 would Our nation decided long ago that tests for Georgia (Mr. LEWIS). allow states and local officials to reject voter voter eligibilityÐlike the poll taxes and literacy I happen to have been on the drafting registration applications and to force the per- tests used in the SouthÐwere wrong and ab- team in the Senate where we wrote son registering into the intimidating position of horrent. We enacted the Voting Rights Act to that bill in the Republican leader’s trying to prove that two huge bureaucracies' cast asideÐonce and for allÐthe barriers con- back office. There were four of us on data bases are flawed. cocted to keep minorities from exercising their the staff from the Republican leader- The Social Security Administration and the constitutional right to vote. ship side, and there were five on the Immigration and Naturalization Service, which I remember the days before the Voting Democratic side, including the Depart- are both charged with verifying names of reg- Rights Act. I remember when some citizens ment of Justice. If we had thought in istered voters in this misguided act, say they could exercise their right to vote while others the Voting Rights Act of 1965 that this cannot do it. The Social Security Administra- had arbitrary and ridiculous hurdles placed in was a law so that noncitizens could tion did not begin recording citizenship status their way. vote, we would have been laughed out until 1980. The agency clearly states, ``The This bill is a return to those days. I find of Congress. The fact is, the Voting use of our system for confirmation of citizen- nothing to be proud of in that history. And I do Rights Act of 1965 has nothing to do ship is not feasible.'' The INS has no records notÐand cannotÐsupport repeating it. with this issue. of native born American citizens and can only Mr. WATT of North Carolina. Mr. Mr. LEWIS of Georgia. Mr. Speaker, verify the status of those who were naturalized Speaker, I yield such time as she may will the gentleman yield? in recent years. consume to the gentlewoman from Mr. HORN. I yield to the gentleman How many people will take the time to ob- North Carolina (Mrs. CLAYTON). from Georgia. tain a copy of their birth or naturalization cer- (Mrs. CLAYTON asked and was given Mr. LEWIS of Georgia. Mr. Speaker, tificate that they have not had to produce for permission to revise and extend her re- I was on the bridge from Selma to years? marks.) Montgomery. I almost lost my life on How many people who are native born Mrs. CLAYTON. Mr. Speaker, I rise March 7, 1965, because I was fighting Americans will feel that they are being given in strong opposition to this bill. for the right to vote, to open up the po- ``the third degree'' by local elected officials just Mr. WATT of North Carolina. Mr. litical process. I do not know, maybe the gentleman has changed his ways or because the officials perceive that they appear Speaker, I yield 2 minutes to the gen- maybe he has seen a different light, but to be Hispanic or Asian or any other racial or tleman from Georgia (Mr. LEWIS). that is the effect of this legislation. It ethnic minority? Mr. LEWIS of Georgia. Mr. Speaker, will destroy the heart and the very It is unfair, illegal and unconstitutional to I rise against this misguided legisla- tion. This bill is a dagger in the heart soul of the Voting Rights Act of 1965. make voting easy for one group of citizens Mr. HORN. Mr. Speaker, reclaiming of the Voting Rights Act of 1965. It de- and difficult and intimidating for another group. my time, I would say to the gentleman, stroys not only the spirit, but the very That is what H.R. 1428 does. the fact is, every single African Amer- soul of the Voting Rights Act. Too To take information trickling out of an in- ican born in this country is automati- many people have died so that every complete, inaccurate and highly bureaucratic cally a citizen of the United States. system of flawed data bases and turn it over American can exercise their right to Mr. WATT of North Carolina. Mr. to local officials with discretion in interpreting vote. Jimmy Lee Jackson, Mickey Speaker, I yield such time as he may this data will have only one effectÐillegally Schwerner, James Cheney, Andy Good- consume to the gentleman from Michi- preventing people from exercising their con- man. These are not just names. I knew gan (Mr. CONYERS). stitutional right to vote. This democracy de- these young men. We have come a long (Mr. CONYERS asked and was given pends on its citizens' faith in the voting sys- way in this country toward protecting permission to revise and extend his re- temÐthose citizens will have no faith in a sys- every American’s right to vote. This marks.) tem which intimidates them and prevents them bill erases the gains we have made. It Mr. CONYERS. Mr. Speaker, I thank from participating in it. Vote no on H.R. 1428! forgets those sacrifices. and commend the ranking member of Mr. WATT of North Carolina. Mr. Many of my colleagues over the last the subcommittee, the gentleman from Speaker, I yield such time as he may 12 years since I have been in the Con- North Carolina (Mr. WATT). I rise to ex- consume to the gentleman from North gress have come to me and said, ‘‘I press how sorry I am that the name of Carolina (Mr. HEFNER). wish I had been there with you. I wish the gentleman from California (Mr. (Mr. HEFNER asked and was given I had fought those battles with you.’’ HORN) would be on the document that permission to revise and extend his re- Let me say: If you wanted an oppor- we are opposing today. marks.) tunity to stand up, if you say you Mr. WATT of North Carolina. Mr. Mr. HEFNER. Mr. Speaker, I rise in wanted to go on the freedom rides, if Speaker, I yield 1 minute to the gentle- opposition to the Voter Suppression you say you wished you had marched woman from Connecticut (Ms. Act. across the bridge in Selma, if you DELAURO). H468 CONGRESSIONAL RECORD — HOUSE February 12, 1998

Ms. DELAURO. Mr. Speaker, today is test a confirmation system through which missioner of Social Security, to estab- the birthday of Abraham Lincoln, the they will respond to inquiries made by elec- lish a pilot program to test and con- father of the Republican Party. I think tion officials concerning the citizenship of firm a system. SSA and INS will re- individuals who have submitted voter reg- that President Lincoln is turning over istration applications. Department of Jus- spond to inquiries made by election of- in his grave today, because this pro- tice funds would be authorized to carry out ficials concerning the citizenship of in- posal flies in the face of the legacy of the pilot program. dividuals who have submitted voter President Lincoln, the legacy he left Based on this understanding, and in order registration application. Department his party and the legacy that he left to expedite consideration of this legislation of Justice funds, not Social Security his country. He would be appalled. by the full House, I do not believe a markup trust funds, are authorized to carry out This proposal clearly is aimed at de- by the Committee on Ways and Means will be necessary. However, this is being done the pilot program. nying minority voters their legal right only with the understanding that it does not The pilot program lasts only 3 years, to vote. This bill not only threatens in any way prejudice the Committee’s juris- operated in a minimum of 5 States, and the rights of minority voters, it vio- dictional prerogative in the future with re- is used on a voluntary basis by election lates the values of privacy that are at spect to this measure or any similar legisla- officials and will include safeguards to the very foundation of a free society. tion, and it should not be considered as protect the privacy and avoid discrimi- This is a value that everyone in this precedent for consideration of matters of ju- natory practices. risdictional interest to the Committee on Chamber holds very dear, or should Ways and Means in the future. Mr. Speaker, I want to thank the hold dear. Thank you for your consideration of this gentleman from California (Mr. HORN), This proposal would amend the So- matter. With best personal regards, the gentleman from Texas (Mr. SMITH), cial Security Act, overturn the Privacy Sincerely, chairman of the Committee on the Ju- Act protections, by allowing States to BILL ARCHER, diciary Subcommittee on Immigration require Social Security numbers for Chairman. and Claims, the gentleman from Cali- voter registration. But the proposal Mr. Speaker, the Voter Eligibility fornia (Mr. THOMAS), chairman of the does nothing to protect or ensure the Verification Act was originally intro- Committee on House Oversight, and privacy of those Social Security num- duced by the gentleman from Califor- their staffs for their willingness to bers submitted on voter registration nia (Mr. HORN) on April 24, 1997. H.R. work to achieve an agreeable solution. applications. This is one more attempt 1428 was referred to the Subcommittee Mr. WATT of North Carolina. Mr. at intimidation. All Americans should on Social Security of the Committee Speaker, I yield 2 minutes to the gen- be aware. on Ways and Means on May 1, 1997. The tleman from California (Mr. BECERRA). Mr. Speaker, I urge my colleagues to subcommittee has not taken any ac- Mr. BECERRA. Mr. Speaker, I thank remember the legacy of Abraham Lin- tion on the bill due to the concerns re- the gentleman for yielding me this coln today. Vote ‘‘no’’ on this proposal. garding the impact of certain provi- time. Mr. PEASE. Mr. Speaker, I yield 31⁄2 sions on the Social Security program Perhaps without knowing it, I believe minutes to the gentleman from Ken- and its administration. that my colleague from California (Mr. tucky (Mr. BUNNING). Social Security was created to pro- HORN) made a very prophetic comment (Mr. BUNNING asked and was given vide a comprehensive package of pro- in response to the gentleman from permission to revise and extend his re- tection against the loss of earnings due Georgia (Mr. LEWIS) just a few minutes marks and include extraneous mate- to retirement disability and death. ago when the gentleman from Georgia Voter registration does not relate to rial.) (Mr. LEWIS) raised some concerns that Mr. BUNNING. Mr. Speaker, first of Social Security programs’ purposes. African Americans here in this country all, I would like to include in the Therefore, Social Security trust funds fear so much by this legislation when may not be used to pay for the activi- RECORD a letter from the gentleman he said, ‘‘but blacks are born in this ties assigned to the Social Security Ad- from Texas (Mr. ARCHER) to the Speak- country, they get automatic citizen- ministration and the agency would er of the House of Representatives the ship.’’ gentleman from Georgia (Mr. GING- need to be reimbursed. Secondly, this new and potentially I say to the gentleman, he forgets RICH). that there are a lot of black Americans The letter referred to follows: significant workload would interfere with SSA’s ability to fulfill its basic in this country who came to this coun- FEBRUARY 11, 1998. responsibilities to the American pub- try from Haiti, African countries, and Hon. NEWT GINGRICH, are now American citizens but came as The Speaker, The Capitol, Washington, DC. lic. In addition, the Social Security Administration is not in a position to immigrants. And there are many, DEAR MR. SPEAKER: I am writing regarding many, many Latino Americans who consideration of H.R. 1428, the ‘‘Voter Eligi- definitely confirm citizenship as they bility Verification Act of 1998,’’ which was are not the official custodian of records came from Latin American countries introduced on April 24, 1997, by Representa- which construct evidence of citizen- and Asian Americans who came from tive Horn, et. al. the bill, as introduced, was ship. The agency’s records on citizen- Asian countries who, when they first referred to Committee on Judiciary, and in ship are not necessarily current. Accu- were here, could have been questioned addition, to the Committees on Ways and racy of the SSA’s records is dependent about their citizenship, and still may Means and House Oversight. on the validity of the documents pre- be questioned about their citizenship As introduced, the bill would amend the because of their looks and because of Immigration and Nationality Act ot estab- sented as evidence. lish a system through which the Commis- Last year the Federal Illegal Immi- the way they may speak. sioner of Social Security and the Attorney gration Reform and Immigrant Respon- But let us not forget that there are General respond to inquiries made by elec- sibility Act made it explicitly illegal Irish in this country, there are Italians tion officials concerning the citizenship of for noncitizens to vote. State and local in this country, there are Bulgarians in voting registration applicants, and amends officials, however, can do little to en- this country whom, on appearance, one the Social Security Act to require individ- force the law without having a way to may believe were born here and are en- uals registering to vote in elections to pro- verify registrants’ eligibility. In a spir- titled to automatic citizenship and vide their Social Security number. automatic right to vote, but that may As you know, provisions dealing with na- it of cooperation, the Committee on tional social security are within the jurisdic- Ways and Means’ Subcommittee on So- not be citizens. And by empowering tion of the Committee on Ways and Means, cial Security has worked with the these local officials, without any kind and under normal circumstances the Com- Committee on the Judiciary and the of guidance to decide they are going to mittee would meet to consider this bill. How- Committee on House Oversight to check people, what we are doing is re- ever, it is my understanding that Chairman reach an agreement on needed legisla- turning us to the days when we had Hyde or his designee will be offering an tion. The revisions and provisions of poll taxes and the like. amendment on the floor to address the con- the Voter Eligibility Verification Pilot We are suppressing the vote; we are cerns of the Committee on Ways and Means going to raise hurdles to participation, and its Subcommittee on Social Security. Program Act of 1998 responds to the Among other things, the bill, as amended, concerns of the Ways and Means Sub- and we are trying to do it with a sys- would provide for the Attorney General, in committee on Social Security. tem that cannot work, because Social consultation with the Commissioner of So- This bill provides for the Attorney Security, the administration has said, cial Security, to establish a pilot program to General, in consultation with the com- a Social Security number has never February 12, 1998 CONGRESSIONAL RECORD — HOUSE H469 been more than a way to tell people if we know, is to send those checks out necticut (Mrs. KENNELLY) is concerned they qualify for Social Security, not on time, to be effective when the peo- about the burdens on the Social Secu- for anything else. ple call the agency, to serve the people rity Administration, after we heard b 1315 of these United States. from the gentleman from Kentucky Mr. Speaker, I urge my colleagues to (Mr. BUNNING) with his praise of the The INS will say that their records vote against this bill. This bill does not amendments that made sure none of cannot tell if someone is eligible to provide the adequate support system the trust fund money would be spent. vote; only if someone has naturalized. necessary to carry out what its inten- There are no dollars from the Social So we are getting ready to embark on tions might be. But what it will do, and Security trust fund that are going to something which will deny American I think necessarily will do and should be utilized for this purpose. What the citizens who have the right to vote not do, is take away from our very im- chairman did say, if we listened to him, that opportunity. Mr. Speaker, that is portant Social Security agency which was that the program was going to be the worst signal we can give on the is so important to the citizens of this modeled after an employer’s program birthday of a man who made most pos- country. that is already on the books. We are al- sible the right for all Americans to Mr. PEASE. Mr. Speaker, I reserve lowing elected local officials to func- vote. the balance of my time. tion as employers currently do in a Mr. PEASE. Mr. Speaker, may I in- Mr. WATT of North Carolina. Mr. pilot program. quire as to the balance of time on both Speaker, I yield 1 minute to the gentle- Returning to the question of the INS sides. woman from New York (Ms. and its records, obviously after our in- The SPEAKER pro tempore (Mr. GIB- VELA´ ZQUEZ). quiries and our attempt to work with BONS). The gentleman from Indiana (Ms. VELA´ ZQUEZ asked and was the professionals at INS, although we (Mr. PEASE) has 101⁄2 minutes remain- given permission to revise and extend were stonewalled by the political ap- ing, and the gentleman from North her remarks.) pointments at the Department of Jus- Carolina (Mr. WATT) has 14 minutes re- Ms. VELA´ ZQUEZ. Mr. Speaker, the tice, the INS professionals have come maining. road to the ballot box for women and to realize that they have to do better; Mr. PEASE. Mr. Speaker, I reserve minorities has never been easy. Now, do better for all Americans. the balance of my time. Republicans want to begin a new and The Coopers & Lybrand report said Mr. WATT of North Carolina. Mr. tragic chapter in our country’s voting that they are going to have to have Speaker, I yield 2 minutes to the gen- rights history. digitized photographs and electronic tlewoman from Connecticut (Mrs. KEN- Mr. Speaker, I was born in this coun- fingerprints at several stages of the NELLY), the next Governor of Connecti- try. As a Puerto Rican, I am just as citizenship process. My assumption is cut. American as anyone from Massachu- that the INS and the Clinton adminis- Mrs. KENNELLY of Connecticut. Mr. setts or Virginia. Yet, the Horn bill tration will now be called racist be- Speaker, I am speaking as the ranking could easily deny me the right to vote. cause they want verification. What is member of the Subcommittee on Social The simple fact is that H.R. 1428 gives wrong with verification? Security, and I want to emphasize the election officials too much power to Frankly, if we have voter rolls that negative impact this bill would have on rely on INS data to bar people from people know are honest, that would the Social Security Administration. voting. strengthen motor voter, not weaken it. Mr. Speaker, the bill would impose As natural born citizens, millions of To the degree we have people going on an enormous work load on the same Puerto Ricans with no record at INS the rolls and we continue to have fraud agency that is responsible for sending could unfairly be stopped at the ballot in voting, there is going to be a mas- every Social Security check out every box. This is wrong, pure and simple. sive effort to fundamentally reform the month. These are so important. As we Mr. Speaker, I say to my colleagues motor voter bill. This effort will be led know, tens of thousands of older that the only purpose for this hostile by the local election officials who have women have only the Social Security legislation is to torment citizens. If we to enforce motor voter. If my colleagues were truly inter- check to rely on. And even if additional silent the voices of any Americans, we ested in trying to make sure that a funds are provided, urgent needs such destroy our democracy. I urge my col- person’s right to vote is protected, as the revision of the Social Security leagues to defeat this voter suppression they would be supporting this kind of computer system for the year 2000 ap- bill. proaches and needs attention. Even Mr. PEASE. Mr. Speaker, I yield 3 legislation. Then we can ensure that though voter registration is so legiti- minutes to the gentleman from Califor- the rolls are accurate and that the motor voter law is not undermined. mately important, it is not what the nia (Mr. THOMAS), the distinguished Mr. KENNEDY of Rhode Island. Mr. Social Security Administration should chairman of the Committee on House be doing. Speaker, will the gentleman yield? Oversight. Mr. THOMAS. Mr. Speaker, how More importantly, the Social Secu- Mr. THOMAS. Mr. Speaker, I thank much time do I have remaining? rity Administration does not keep the the gentleman from Indiana for yield- The SPEAKER pro tempore. The gen- kinds of records necessary for this re- ing. tleman from California (Mr. THOMAS) quirement. Prior to 1971, Social Secu- Mr. Speaker, I think it is appropriate has 30 seconds remaining. rity Administration data was based on at this time to rise and provide some Mr. THOMAS. Mr. Speaker, if the only what a citizen told the agency. No facts for the record since there has gentleman from Rhode Island would documentation was required until 1981. been a series of statements that are like to ask me a question on his time, Furthermore, the legislation would just factually inaccurate. I would appreciate it because I have a undermine the motor voter law dis- First of all, this is not a new or inno- very short time. Does the gentleman couraging voter participation under- vative idea, that is using Social Secu- have time? mining voter rights. We have worked rity numbers for voter identification. Mr. KENNEDY of Rhode Island. Mr. so hard to encourage citizens to get to There are currently more than half a Speaker, I have time, but it is coming the polls on Election Day. This bill dozen States that do it. So my assump- up in 3 minutes. would force us to take a step back- tion is that those who have gone to the Mr. THOMAS. Mr. Speaker, okay, wards in our efforts to promote voter well on the other side of the aisle to then I will be with the gentleman in 3 registration by establishing an unnec- argue that this is somehow un-Amer- minutes. essary obstacle to voter registration ican believe that the States of Georgia, Mr. Speaker, this is a very modest and taking away from the participa- Hawaii, Kentucky, New Mexico, South attempt, based on what we now know tion of many citizens. Carolina, Tennessee, and Virginia are from the contested election in Califor- This legislation would discourage all un-American because they utilize nia’s 46th District that there will be voter participation, divert important Social Security numbers for verifica- people who go to the polls and who will resources away from the Social Secu- tion. not be voting legally. rity Administration, and also the cen- In addition to that, I found it inter- Any Member who does not want to tral purpose of that administration, as esting that the gentlewoman from Con- support this very reasonable check to H470 CONGRESSIONAL RECORD — HOUSE February 12, 1998 provide election officials with tools to that have taken place. And as an insti- Mr. Speaker, I listened to the gen- make sure their voting rolls are accu- tution, we have been over the past sev- tleman from Georgia (Mr. LEWIS). I was rate are, in fact, damaging the very ar- eral Congresses encouraging greater a school girl 34 years ago when the gen- gument they argue that they are try- participation. And yet what has hap- tleman from Georgia stood on that ing to support, and that is the advances pened? We have seen a lowering in par- bridge for voting rights. Today I think that we have made in allowing more ticipation and an increase in fraud. that all Americans need to stand to- people to come on the rolls would be This is, as my friend said, a very cau- gether once again to overcome the sustained. tious step. forces that would take us back to the Mr. WATT of North Carolina. Mr. The gentleman from California (Mr. days of Jim Crow, that would take us Speaker, I yield myself 15 seconds. HORN) is one of the key authors of the back to the days when poll taxes were Mr. Speaker, the gentleman from Voting Rights Act, and I know that he in place. California is talking about something would do nothing whatsoever, nothing Mr. Speaker, I urge my colleagues to that may exist in the future. Unfortu- whatsoever to overturn that very im- stand together for America. nately, this process has to verify voters portant legislation which he worked Mr. PEASE. Mr. Speaker, I yield 1 now. As soon as it is put in place. And on. minute to the gentleman from Califor- the INS and Social Security have both Mr. Speaker, we should support this nia (Mr. BILBRAY). said unequivocally they do not have very modest measure to ensure that (Mr. BILBRAY asked and was given the capacity to do this. that franchise is in no way jeopardized. permission to revise and extend his re- Mr. Speaker, I yield 1 minute to the Mr. WATT of North Carolina. Mr. marks.) gentleman from New York (Mr. Speaker, I yield 1 minute to the gen- Mr. BILBRAY. Mr. Speaker, until 3 years ago, I was a county supervisor FORBES). tleman from Ohio (Mr. BROWN), the (Mr. FORBES asked and was given former secretary of state of the State supervising the registration system for permission to revise and extend his re- of Ohio. voters in a county of over 2.5 million marks.) Mr. BROWN of Ohio. Mr. Speaker, people, and I know now what I knew Mr. FORBES. Mr. Speaker, I thank what is this bill really all about? Last then. There are two ways of violating a the gentleman from North Carolina month the Los Angeles Times ran a voter’s rights. One is not to allow story: ‘‘National GOP Officials Outline (Mr. WATT) for yielding me this time. qualified voters to vote, and the other Mr. Speaker, I rise in opposition to Poll Watcher Plan.’’ is to allow unqualified voters to vote Behind closed doors at last month’s what I think is an ill-conceived meas- and negate those qualified voters from Republican National Committee meet- ure that would, frankly, do more to voting. ing, Republicans cooked up a plan to create a big government bureaucracy Now there is a lot of talk on this put ‘‘poll watchers’’ and ‘‘challengers’’ centralized here in Washington, D.C., floor year after year about democracy at key precincts on Election Day. and do little, if anything, to get at the and how important it is. This vote is Mr. Speaker, are they putting them about the integrity of our electoral question of voter fraud. in Beverly Hills? No, they are target- This is an ill-conceived measure. I process that sends every one of us here. ing, quote, ‘‘districts with substantial And if what we are trying to say now is think that we are turning back the racial or ethnic populations.’’ clock and creating a mechanism that that the integrity of that vote, that The L.A. Times reported: ‘‘For many qualified voters are being given the will only enhance discrimination. It in Orange County, the proposed poll will further divide this Nation. And, right to make their vote count, then watchers would be reminiscent of the vote for the bill offered by the gen- frankly, if we truly care about voter uniformed security guards that the fraud, we would do some other kinds of tleman from California (Mr. HORN). It GOP placed outside voting sites in As- is a very moderate approach. things working with local governments semblyman Curt Pringle’s district in b in the States, rather than this Repub- 1988. Republicans ended up paying 1330 lican majority creating a big govern- $400,000 to settle a civil lawsuit If my colleagues want to find excuses ment bureaucracy that is composed of, brought by several Latinos outraged by to walk away from this issue, I ask again, the watchful eye of Big Brother. the incident.’’ them to consider the fact that in the Mr. WATT of North Carolina. Mr. Mr. Speaker, every American should 1960s there were those who found ex- Speaker, did the gentleman from New be outraged. Whether they are white, cuses not to stand up for the right of York use his entire minute? black, brown, Hispanic, Asian Ameri- voters to be able to have their vote The SPEAKER pro tempore. The gen- cans, African Americans, this bill is an count. Today, in the 1990s, sadly there tleman has 15 seconds remaining. outrage. The Republicans should be are those who are finding excuses to Mr. WATT of North Carolina. Mr. ashamed of themselves. allow unqualified people to have access Speaker, I just wanted to make sure Mr. PEASE. Mr. Speaker, I reserve to the voting polls to disqualify good, that we were reserving the time for our the balance of my time. qualified voters. side. We have many speakers. Mr. WATT of North Carolina. Mr. Mr. WATT of North Carolina. Mr. The SPEAKER pro tempore. Does the Speaker, I yield 1 minute to the gentle- Speaker, I yield 1 minute to the gen- gentleman, then, reserve the balance of woman from California (Ms. LOFGREN). tleman from Maryland (Mr. CUMMINGS). his time? Ms. LOFGREN. Mr. Speaker, no one (Mr. CUMMINGS asked and was Mr. WATT of North Carolina. Yes, in this body is for fraud, but unfortu- given permission to revise and extend Mr. Speaker. nately this bill has nothing to do with his remarks.) Mr. PEASE. Mr. Speaker, I yield 1 fraud. As the gentleman from Indiana, Mr. CUMMINGS. Mr. Speaker, I want minute to the gentleman from Califor- my friend and colleague, has men- to thank the gentleman from North nia (Mr. DREIER). tioned, unfortunately, the immigration Carolina for yielding me the time. (Mr. DREIER asked and was given records cannot prove U.S. citizenship. I rise today in opposition to this res- permission to revise and extend his re- Mr. Speaker, as the letter from OMB olution which will add barriers to the marks.) received yesterday points out, the So- free exercise of voting for many Ameri- Mr. DREIER. Mr. Speaker, I have the cial Security Administration records cans. The fundamental right to vote is highest regard for my colleagues who also will not definitively reveal the the foundation on which our democ- have stood in opposition to this meas- status of citizenship. When we put the racy is based. The right to vote was di- ure. But the fact of the matter is they two together, we do not get anything rectly attributable to the American are using little more than rhetoric. more than what is there to begin with. Revolution, enactment of the 15th The gentleman from California (Mr. We cannot prove citizenship with these amendment, women’s suffrage and the THOMAS) got right to the facts. records. Voting Rights Act of 1965. We have a responsibility in this Con- So why are we here today? We are In the segregated South, poll taxes gress. It is the responsibility to protect here today to consider a bill that would and literacy tests were used as weapons that very precious franchise: the right deter and discourage Americans who against the right to vote. Now, more to vote. Everyone acknowledges that are not Anglo from voting. Whether in- than 120 years later, 28 years after en- we have witnessed fraud in elections tended or not, that will be the effect. actment of the 15th amendment and 3 February 12, 1998 CONGRESSIONAL RECORD — HOUSE H471 years after enactment of the Voting anti-immigrant behavior? No. Now Fannie Lou Hamer, Dr. King, Goodman, Rights Act of 1965, we are considering they want to create unnecessary fear Chaney, Schewerner, and countless others legislation that could once again in- within the Hispanic community and gave up their lives to ensure that every Amer- hibit the right to vote. H.R. 1428 would create unwarranted fear of the His- ican would have the right to vote. The days of give wide discretion to State and local panic community in the eyes of our fel- requiring Americans to count how many bub- officials to deny legalized citizens, pre- low Americans. bles are in a bar of soap, before giving them sumed to be illegal immigrants, the I am not in the business of giving ad- the right to vote must never return. This legis- right to register to vote. vice to NEWT GINGRICH, but let me say lation disguised as a bill to prevent voter fraud This is a bad piece of legislation. this: Latino voters are American vot- could take us back to the days when a series Mr. PEASE. Mr. Speaker, I reserve ers. When we vote, we remember who of tests dictated whether one had the right to the balance of my time. stood with us and who stood against us. vote. Mr. WATT of North Carolina. Mr. And we are not alone; Americans of di- At a time when voter registration and partici- Speaker, I yield 1 minute to the gen- verse backgrounds are united. They de- pation should be encouragedÐthis bill seeks tleman from New Jersey (Mr. MENEN- test discrimination, are sick of to discourage potential voters and especially DEZ). scapegoating and are fed up with fin- minorities. This bill must be rejected for four (Mr. MENENDEZ asked and was ger-pointing. The Republicans will go reasons. First, there has been no evidence of given permission to revise and extend on record today not simply as oppo- widespread voter fraud. Secondly, this bill in- his remarks.) nents of Latinos but as opponents of Mr. MENENDEZ. Mr. Speaker, with fringes on privacy rights of individuals by re- the principles that should make each of H.R. 1428, which I call ‘‘the voter sup- quiring that voters Social Security numbers be us proud to be an American. pression and antivoter privacy act,’’ listed. Thirdly, the Department of Justice and Well, I'll tell you what kind of name Gingrich Republicans are proving that they are Social Security Administration have stated that isÐit's an American name. the party of big, prying and intrusive this bill is untenable and unsafe. Every bit as AmericanÐin factÐas Garcia. government. Republicans want the So- Finally, this bill should be rejected because Or Morales. Or Jimenez. it is an assault on the Motor Voter bill. cial Security Administration, the INS, Each one an American. Each deserving the the Justice Department to run back- Therefore, I urge my colleagues to resist the right to vote. Each deserving of respect. temptation of interfering with the franchise in ground checks and share private infor- And none deserving of the scapegoating, mation on American citizens who sim- this mannerÐreject this bill and protect the suspicion, and cynicism that the Republicans rights of millions of Americans to participate in ply want to register to vote. Unless have aimed at them with this legislation. things have changed since I was in law the democratic process. It's obvious why the Republicans drafted Mr. WATT of North Carolina. Mr. school, Americans have the right to this bill: vote without going through a security Speaker, I yield 1 minute to the gentle- Republicans learned in 1996 that there is a woman from Texas (Ms. JACKSON-LEE). check by ‘‘big brother’’ government. price to pay for practicing the politics of preju- Why would Republicans do this? (Ms. JACKSON-LEE of Texas asked dice. and was given permission to revise and Maybe it is that they just finished Latino voters grew tired of hearing Repub- blowing a million taxpayers’ dollars in extend her remarks.) licans' red-hot rhetoric and cold-hearted legis- Ms. JACKSON-LEE of Texas. Mr. a 14-month investigation in the LORET- lation targeting our community. Speaker, I thank the ranking member TA SANCHEZ case that they could not So, in response, Latinos voted for tolerance, prove. for his leadership. opportunity, and equality. I rise with strong opposition to the What is next in the Republican plan? In other words, Latinos voted for Democrats. Will the FBI run checks on everyone recognition that every single one of us And what is the Republicans reaction? was one day an immigrant coming to who gets a driver’s license? Will Social To change course? To end their anti-Latino, Security recipients be fingerprinted by this Nation, believing in freedom and anti-immigrant behavior? liberty and seeking an opportunity to the INS? And who will be targeted by No. Now they want to create unnecessary serve this Nation as a citizen. Whether the Republican efforts? Americans of fear within the Hispanic community, and cre- it be at war or at peace, immigrants Hispanic descent and other minorities ate unwarranted fear of the Hispanic commu- from all over the world came for jus- who have common last names often nity in the eyes of our fellow Americans. tice and freedom. found on immigration lists and who I am not in the business of giving advice to Now, today, in this House this Repub- simply do not look like our typical NEWT GINGRICH. But let me say this: lican leadership and majority want to mode. Latino voters are American voters. We have to make it more convenient When we vote, we remember who stood take away and clothe the Voter Rights for our citizens to vote, not more dif- with us who stood against us. Act with the cover of the Ku Klux Klan ficult and intimidating. If that scares And we are not alone. and deny those new immigrants who Republicans, more working families The Republicans will go on record today not become citizens the right to vote. How mean fewer Republican votes. simply as opponents of Latinos . . . but as tragic that we have come to this. His- Mr. WATT of North Carolina. Mr. opponents of the principles that should make panic voters, Asian voters, new voters Speaker, how much time remains? each of us proud to be an American. from the continent of Africa, yes, this The SPEAKER pro tempore (Mr. GIB- Mr. PEASE. Mr. Speaker, I reserve is what this bill will do. It cannot be BONS). The gentleman from North Caro- the balance of my time. implemented, Mr. Speaker. lina (Mr. WATT) has 6 minutes remain- Mr. WATT of North Carolina. Mr. The reason is, the Social Security ing, and the gentleman from Indiana Speaker, I yield such time as he may Administration does not know how to (Mr. PEASE) has 51⁄2 minutes remaining. consume to the gentleman from Illi- implement it. They do not have any Mr. WATT of North Carolina. Mr. nois (Mr. DAVIS). kind of data beyond 7 years ago. I ask Speaker, I yield 1 minute to the gen- (Mr. DAVIS of Illinois asked and was any one of you who is an American tleman from Illinois (Mr. GUTIERREZ). given permission to revise and extend today, would you want this to have Mr. GUTIERREZ. Mr. Speaker, it is his remarks.) happened to your grandmother and obvious why the Republicans drafted Mr. DAVIS of Illinois. Mr. Speaker, I your grandfather? Then stand up for this bill. Republicans learned in 1996 rise in strong opposition to H.R. 1428, those who have come for freedom and that there is a price to pay for practic- the Voter Eligibility Verification Act. are legal citizens. Vote down this hor- ing the politics of prejudice. Latino Mr. Speaker, I rise today in strong opposi- rible stab in the Voter Rights Act. voters grew tired of hearing Repub- tion to H.R. 1428, the Voter Eligibility Verifica- Mr. Speaker, I rise today in opposition to licans’ red-hot rhetoric and cold- tion Act. A great man once said give me lib- H.R. 1428, the Voter Eligibility Verification Act. hearted legislation targeting our com- erty or give me death. I say give me the ballot H.R. 1428 purports to eliminate voter fraud by munities, so in response Latinos voted box free and unencumbered or give me death. requiring proof of citizenship for registered vot- for tolerance, opportunity and equal- I find it ironic that we stand here today in ers and applicants for voter registration. In ity. In other words, Latinos voted for FebruaryÐthe month set aside for the cele- fact, this bill is nothing more then a thinly Democrats. bration of Black History and we are debating veiled tool for suppressing the minority vote. What is the Republican reaction? To a bill that threatens to undermine with the At a time when voter turnout is at record change course to end their anti-Latino franchise rights of millions of Americans. lows, Republicans are proposing a bill that H472 CONGRESSIONAL RECORD — HOUSE February 12, 1998 would make sure that fewer voters participate great post-Civil War amendments— mation accurately, and both agencies in future elections. H.R. 1428 effectively un- knew what they were doing, and they are already on record opposing this. dermines the Voting Rights Act and the Na- differentiated. They knew the dif- Mr. Speaker, it seems that the col- tional Voter Registration Act. ference between ‘‘person’’ and ‘‘citi- leagues who want to return to this H.R. 1428 will empower local election offi- zen.’’ The last I knew, we wanted citi- antialien ideology of the Know-Nothing cials to drop citizens from voter rolls if the So- zens of the United States to vote. The Party of the 1850s, that is what is in cial Security Administration and the Immigra- millions who have come here—includ- question here. Within the current po- tion and Naturalization Service are unable to ing my father, who left tyranny for litical climate this could only be con- confirm a person's citizenship status. How- freedom, and my great-grandfather— strued as a means to prevent the par- ever, according to testimony from both the INS could hardly wait to be naturalized and ticipation of ethnic minorities in the and SSA, H.R. 1428 is utterly unworkable be- become an American citizen. electoral process. cause neither agency can conform the citizen- Mr. WATT of North Carolina. Mr. This is discrimination of its worst ship of a majority of Americans. Speaker, I yield 1 minute to the gentle- kind. It is indeed, as the gentlewoman When names which have been submitted woman from California (Ms. WATERS). said, un-American. for verification to the INS and SSA come back Ms. WATERS. Mr. Speaker, in Henry Mr. Speaker, I rise to express my strong op- ``unverifiable,'' state and local election officials Wadsworth Longfellow’s poem, ‘‘The position to H.R. 1428. This is yet another at- are left with the sole discretion to decide who Landlord’s Tale, Paul Revere’s Ride,’’ tempt to undermine the voting rights and dis- will be allowed to vote. The legislation pro- he describes the will and resistance of courage voter participation of certain ethnic vides no means by which to ensure that these those who came from Britain who had groups. Rather than encouraging every willing officials act in ways that are uniform and non- fled their mother country and created American citizen to exercise his or her right to discriminatory. Since there is no criteria for the 13 colonies seeking freedom and de- vote, my colleagues want to restrict this right. challenging whether a voter on the rolls is a mocracy. He described, ‘‘One if by land, Over the past few years, the ills of our nation citizen or not, election officials may choose to two if by sea, on the opposite shore I have been blamed on immigrants or the de- block access to the ballot box based on a per- will be, ready to ride and sound the scendants of immigrants. This is discrimination son's appearance, accent, or ``foreign-sound- alarm through every Middlesex village of the worst kind. My heritage within the bor- ing'' name. and farm.’’ ders of this great nation goes back five gen- Ensuring fair participation in the political Today we are here sounding the erations. But it is people like me who this bill process is fundamental to our democracy. In- alarm. H.R. 1428 is unAmerican. It is attempts to repress and rob of an active politi- creasing voter participation, rather then stifling unfair. It is an outrageous attempt to cal life. it, is the only way to guarantee that more deny immigrants democracy. H.R. 1428 This bill is based on the misguided percep- American voices are heard in the ongoing na- is quite simply a frontal assault on our tion that voting by noncitizens is a major prob- tional debate over the future of this country. Nation’s essential voting rights. lem in this country. Yet, even the most inflated We do not want this experiment in Texas. We The bill would seriously undermine studies estimate that illegal voting in this coun- do not want this attack on Hispanic, Asian, or the Federal laws governing the uniform try constitutes but a mere fraction of all voters. other new immigrants who are legal citizens. and nondiscriminatory registration of The INS is required to and has fully cooper- I urge my colleagues to join me in opposing voters. It is reminiscent of the poll tax ated with election officials during investigations this dangerous and discriminatory piece of leg- and literacy tests, of Jim Crow. of voter fraud. Not only is this bill unneces- islation. This bill would allow local political sary, it is impractical. Mr. PEASE. Mr. Speaker, I yield 1 officials to make arbitrary and poten- Neither the Social Security Administration minute and 30 seconds to the gen- tially discriminatory decisions by se- nor the INS have accurate databases to con- tleman from California (Mr. HORN). lectively targeting groups of voters and firm citizenship status. These agencies are in- Mr. HORN. Mr. Speaker, I have lis- forcing them to prove their citizenship, capable of providing this information accu- tened with great interest to my col- using an incomplete and inaccurate rately and both the Social Security Administra- leagues on the other side. Usually in database. tion and the Justice Department have already the debate on a bill we have a few facts Vote down this bill. It is unAmer- voiced their opposition to this legislation. The that are facts on both sides. This morn- ican. It is unfair. America deserves bet- INS is already working to become more effi- ing I have heard hardly any facts. ter than this kind of misguided public cient, reforming its system to reduce backlogs It is very simple. A vote against this policy. and prevent criminals from becoming citizens. bill says ‘‘We do not want to check Mr. WATT of North Carolina. Mr. Forcing it to take on further unnecessary, citizenship. We want illegals and non- Speaker, would the Chair advise us of time-consuming duties would be a waste of citizens to vote in American elec- the time remaining? taxpayer dollars that are intended to natural- tions.’’ The SPEAKER pro tempore. The gen- ize, not penalize. Now, if Members think this is wrong, tleman from North Carolina (Mr. Many U.S. citizens were naturalized before may I say, we all stand up and take the WATT) has 3 minutes remaining, and the INS began keeping computer records at oath in this Chamber to abide by the the gentleman from Indiana (Mr. all. These Americans, who have been voting Constitution. The Fourteenth Amend- PEASE) has 4 minutes remaining. for years, are among the most likely to have ment says: All persons born or natural- Mr. WATT of North Carolina. Mr. their voting rights revoked and their participa- ized in the United States and subject to Speaker, I yield 1 minute to the gen- tion suppressed. If election officials are al- the jurisdiction thereof are citizens of tleman from California (Mr. TORRES). lowed to ``confirm'' citizenship status of reg- the United States and of the State Mr. TORRES. I thank the gentleman istered voters and applicants, we grant them wherein they reside. And we look at for yielding me the time. the prerogative to reject applicants and drop the Fifteenth Amendment: The right of Mr. Speaker, I rise to express my voters from the rolls. A name returned citizens of the United States to vote strong opposition to this legislation, ``unconfirmed'' would be deemed ineligible to shall not be denied or abridged by the which is yet another attempt to under- vote. Millions of native-born and naturalized United States or by any State on ac- mine the voting rights and discourage citizens would be turned away and have to count of race, color or previous condi- voter participation of certain ethnic prove they are citizens. tion of servitude. groups. Rather than encouraging every The bill we have before us today would You will notice the Civil War—Re- willing American citizen to exercise overturn the Voting Rights Act and invalidate construction legislators put this lan- his or her right to vote, I must say, the National Voter Registration Act or ``Motor guage together to differentiate be- this restricts that very right. Voter Law.'' This landmark legislation success- tween ‘‘person’’ and ‘‘citizen.’’ It is This bill is based on the misguided fully established procedures that encourage very clear. They are saying only citi- perception that voting by noncitizens voter participation nationwide. Since its enact- zens in the United States should vote. is a major problem in this country. Yet ment in 1993, 13 million new voters have reg- They are not saying persons. They are the most inflated studies estimate that istered, including senior citizens, disabled citi- saying citizens. That is the basic illegal voting constitutes but a mere zens, military personnel, and many others. choice. fraction of all voters. Neither the So- This is the intention and design of a democ- The framers of the Constitution and cial Security Administration nor the racy. Reinstating obstacles to this achieve- the framers of these amendments—the INS is capable of providing this infor- ment would be counter-productive. Within the February 12, 1998 CONGRESSIONAL RECORD — HOUSE H473 current political climate, this can only be con- this bill is all about. It is wrong. It is vast majority of the voting-age population. strued as a means to prevent the participation un-American. We should turn it SSA issues Social Security numbers (SSNs) of ethnic minorities in the electoral process. around. to native-born citizens, naturalized citizens, Mr. WATT of North Carolina. Mr. and aliens legally admitted for permanent Millions of Americans take for granted the residence; the citizenship information in rights they have in this country. For a recently Speaker, I yield myself the balance of SSA’s files may not be up-to-date or (if the naturalized citizen, voting is an opportunity to my time. SSN was issued before 1981) based on docu- fully experience a newly earned freedom. It is The question is what problem are we mentary evidence. The INS has information something to be practiced with pride and self- trying to solve by this bill? I submit to about naturalized citizens but not about na- respect. But many of these new citizens do Members that the problem we are try- tive-born citizens; even those data contain not carry, on their person, documents to prove ing to solve by this bill is one that the gaps, are not entirely automated, and rely their citizenship. How many of us in Congress Republicans are trying to create. on the alien registration number rather than the SSN. carry such documents? Some of these new b 1345 Because the limitations of these data citizens have a yet to receive these papers They are seeing an unregistered would soon become apparent to state and due to tremendous backlogs at INS. Even local officials, the number of inquiries is voter behind every tree and they are those who are already registered would be likely to be small, as would the cost of re- seeing them vote for Democrats. That subject to new requirements. sponding to them. Filling the gaps in the is what this bill is all about. They have This bill is nothing but a spiteful attempt to agencies’ data would require the creation of spent over a million dollars on a wild new data bases, clearly an expensive under- retaliate against the Latino community for goose chase and now they bring a bill taking, but one that would be barred by the sending Bob Dornan to the unemployment to the American people which they bill. line. It is more of the same failed tactics used know will fail to cover their tracks and I hope that this information is helpful to by the Republican leadership in a continue ef- you. If you have further questions, please do make it look good. fort to cast a cloud of suspicion on a large not hesitate to contact me, or have your This bill will not work. The Social percentage of Americans and reduce minority staff contact Kathy Ruffing of my staff at Security Administration and the INS participation in the 1998 and 2000 election cy- 226–2820. have already told us that they do not Sincerely, cles. This is an unjustified assault on Ameri- have the records. Who will be sent JUNE E. O’NEILL, cans of color, those with foreign surnames or there to check their citizenship? Peo- Director. particular accents. Such subjective scrutiny ple who look like they are not Amer- Mr. CONYERS. Mr. Speaker, I rise in strong will have a chilling effect on the voting power ican citizens: Hispanics, blacks, people opposition to the H.R. 1428, the so-called of Latinos and Asian Americans. who are minorities. This bill is un- Voter Eligibility Act. Despite its name it will do Mr. Speaker, I call upon all of those who be- American. They will then be given 30 nothing to verify eligible voters. Instead this bill lieve in democracy and those who continue to days to take an appeal, but that 30 will undermine the Voting Rights Act of 1965, believe in the ``American Dream'' to vote days will expire after the next election. the Motor Voter Act, create a national data- against this misguided bill. base system and unnecessarily invade the pri- Mr. PEASE. Mr. Speaker, I reserve So what happens when I walk into vacy of millions of Americans. That the Re- the balance of my time. the polling place and try to cast my publican leadership would bring such a bill Mr. WATT of North Carolina. Mr. vote? I will be told, oh no, you cannot that diminishes a citizen's constitutional right Speaker, I yield 1 minute to the gen- vote because you do not look Amer- ican. The Republicans are seeing diver- to vote, to the full House under suspension, tleman from Rhode Island (Mr. KEN- sity behind every tree. Stand up and circumventing three House committees that NEDY). have jurisdiction, and making seven sub- Mr. KENNEDY of Rhode Island. Mr. understand that this country is about stantive changes to the bill the night before, is Speaker, I would like to thank the gen- diversity and honoring diversity, not a disgrace. tleman from North Carolina for yield- destroying it. That is what this bill will do. That is what it is intended to This verification scheme in this bill is simply ing me this time. unworkable. THe Social Security Administra- As I was growing up in my family and do. No committee has marked up this tion (SSA) and the Immigration and Natu- I read about my uncles, President Ken- ralization Service (INS) do not have the nedy and Robert Kennedy, and I read bill. It comes to the floor today in the wake of the Sanchez dismissal as cover records to verify citizenship. The SSA is un- about their leadership in the 1960s and able to confirm citizenship because SSA is not read about the 1964 Civil Rights Act for my Republican colleagues. That is the sole reason it is here. the official custodian of birth, naturalization, or and the 1965 Voting Rights Act, I other records that constitute evidence of citi- thought my uncles had done it all. This bill is un-American. It should be voted down and we should be ashamed zenship. The INS database is severely flawed Growing up in my family, I thought, because is does not include any information how could I ever fight the same fights for bringing it to the floor. Mr. Speaker, I include for the on any native born citizens. And the INS data- they fought for, because I wanted so RECORD a letter dated February 11, base does not include citizens naturalized be- much to be a part of their fight. 1998, from the Congressional Budget Of- fore computer records were kept or citizens I am telling my colleagues today, I who were recently naturalized. We are all never thought I would see the day when fice regarding this bill: CONGRESSIONAL BUDGET OFFICE, against voter fraud, but H.R. 1428 is requiring their fight was not over. But it is not a confirmation process for citizenship which is over; it is carrying on with this bill, U.S. CONGRESS, Washington, DC, February 11, 1998. just not possible with any existing federal 1428, as we speak on the floor. Hon. MELVIN L. WATT, database. Last year, the Republicans put before Ranking Member, Subcommittee on Immigration The bill would also be very costly. Since the this House a bill that said for teachers and Claims, Committee on the Judiciary, bill was not reported from any committee the and principals to choose the students U.S. House of Representatives, Washington, CBO did not complete a formal estimate. But, out of their classes that they thought DC. in a letter dated today the CBO states ``. . . were illegal aliens. In New England, DEAR CONGRESSMAN: On February 10, you filling the gaps in the agencies' data would re- requested CBO’s analysis of H.R. 1428, the where I represent Rhode Island, the quired the creation of new databases, clearly highest illegal immigration problem is Voter Eligibility Verification Act. H.R. 1428 was introduced last June, but it has not been an expensive undertaking, but one that would Irish overstays, Mr. Speaker, Irish reported by a Committee, and CBO has not be barred by the bill.'' So the proponents of overstays. completed a formal estimate of its budgetary the bill can't have it both ways. But it is impos- Do my colleagues want to know how implications. sible to confirm citizenship without creating a many teachers and how many prin- The bill, as introduced, would direct the new expensive national database. Watch out! cipals and how many voting people are Social Security Administration (SSA) and Big brother is watching and checking your citi- going to question Irish people who look the Immigration and Naturalization Service zenship! like me when they go into the voting (INS) to respond to inquiries from state and H.R. 1428 is also a threat to privacy be- booth versus how many are they going local election officials about the citizenship of prospective voters. It is difficult to esti- cause voting registration records are public to question that look like the gen- mate the likely costs of the bill, because nei- records. Nothing in the bill would protect or tleman from North Carolina (Mr. ther SSA nor INS now maintains the infor- ensure the privacy of Social Security numbers. WATT) or the gentlewoman from New mation that would be necessary to provide But the darkest provisions of this bill is its im- York (Ms. VELA´ ZQUEZ). That is what definitive confirmation of citizenship for the pact on the Voting Rights Act and the Motor H474 CONGRESSIONAL RECORD — HOUSE February 12, 1998 Voter Act. At a time when voter turnout is dan- Mr. Speaker, our right to vote is among our rest of the population. If H.R. 1428 were en- gerously low, this legislation seeks to discour- most sacred duties as Americans. acted, that number would drop even lower. age voter registration. Why should citizens As our nation has evolved, so has our elec- This bill is flawed in many ways. First, H.R. have to bear the burden of proving their citi- toral process. 1428 says that for persons born prior to 1978, zenship? How do you prove this? Should we The days of the infamous poll tax are gone, the Social Security Administration would be re- now require everyone to carry a birth certifi- and the 19th Amendment ensures that all of quired to report where that person was born. cate or other document at all times? This is an our nation's citizens are granted representa- If a person was born 70 years ago in another unacceptable burden would have a dispropor- tion through their vote. country, but has since become a naturalized tionate impact on low-income, language mi- H.R. 1428, the so-called ``Voter Eligibility U.S. citizen, his or her INS records are norities and elderly who may not have access Verification Act'' is a misguided Republican at- archived in a federal vault. There would be no to the resources to pursue a complicated, con- tempt at curtailing the Voting Rights Act as way to verify the citizenship of long term, natu- fusing procedure for confirmation of citizen- well as key provisions of the Privacy Act. ralized Americans through this scheme. The bill allows federal, state, and local offi- ship. This effort is the equivalent of a modern Second, the bill would provide a 30-day ``ap- cials to randomly challenge the right to vote of day poll tax that was designed a century ago peal'' period, which would allow a person any person they choose, and it directs the So- to keep African Americans from the voting whose citizenship is unverifiable to submit cial Security Administration and the Immigra- booths. ``supplemental'' materials. At the end of those Motor voter has been a great success. In a tion and Naturalization Service to investigate 30 days, the local or state registrar of that Subcommittee hearing last year, the League the citizenship of any individual at the request voter will then decide whether to permit the of Women Voters testified that the Federal of election officials. person to vote. This is an incredible affront to Election Commission reports that 1996 saw The INS and the Social Security Administra- the Voting Rights Act. To give a registrar the the highest percentage of the voting age pop- tion both oppose this bill. They know that ability to deny an American citizen their right ulation registered to vote since reliable records many of their files are outdated and that they to vote is a disgrace and an injustice. were available in 1960. Nearly 73 percent of cannot accurately verify the citizenship of eligible Americans are registered to vote. Why Americans. This is America, Mr. Speaker. This bill was do we under the unsubstantiated guise of Furthermore, by allowing states to require conceived out of paranoia and xenophobia voter fraud do we need to reverse this trend? Social Security numbers on voter registration and it would severely threaten the voting rights Many Americans, including many members formsÐa practice which is prohibited under of all Americans. Mr. Speaker, rather than dis- in this House on both sides of the aisle have the Privacy ActÐthis bill would overturn key courage, we should encourage Americans to worked hard to eliminate barriers, test and de- provisions of current law, and make the Social participate in the Democratic electoral process vices which would hinder people from register- Security numbers of Americans public informa- and to become fully engaged in the affairs of ing to vote. Why are we bringing legislation to tion. the country, which is their fundamental right. floor which will turn back the clock on the ef- Mr. Speaker, let's keep this Congress from I urge my colleagues to vote no on H.R. forts to preserve the constitutional right to vote violating the fundamental rights of Americans. 1428. for all Americans? Bringing this legislation to I strongly urge my colleagues to vote Mr. UNDERWOOD. Mr. Speaker, today, we floor, under suspension, represents yet an- against H.R. 1428. examine a flawed bill targeted against minority other sad day for this Congress. I urge the Mr. HOYER. Mr. Speaker, I rise in strong voters in this country, H.R. 1428 is crafted not members to oppose this extreme short-sighted opposition to H.R. 1428, the Voter Eligibility only to intimidate voters and fail to preserve measure. Verification Act. citizens' privacy, it also places an undue bur- Ms. PELOSI. Mr. Speaker, I rise to express The only purpose this bill serves is to under- den on the Social Security Administration my opposition to the Republican majority's at- mine the Voting Rights Act of 1965 and the (SSA) and the Immigration and Naturalization tempt to control the electoral process. H.R. National Voter Registration Act, more com- Service (INS). monly referred to as the Motor Voter law. H.R. 1428 could keep millions of Americans from H.R. 1428's mechanism to ensure voter au- 1428 is exclusionary in nature, and it's mo- voting. American citizens, could be selectively thenticity is through confirmation from the SSA tives are questionable. removed from the voter lists. This kind of fed- and INS. However, these organizations them- Mr. Speaker, if ever we as legislators want- eral interference in the local electoral process selves stated that they cannot guarantee U.S. ed to discourage American citizens from vot- would have a chilling effect on millions of new citizenship for all Americans for the following ing, this bill would get the job done. There is citizens who would be frightened away from reasons: The SSA's citizenship data is self-re- no argument that persons who are not citizens this most sacred expression of the people's ported (before 1978, the SSA did not require of this country should not be permitted to vote. will. citizenship information); INS has accuracy However, this bill is not the answer. This Republican bill will lead to discrimina- problems with current computer-recorded in- tion against racial and ethnic minorities. Citi- When immigrants become citizens of the United States, they are very proud and have formation (before the INS began keeping com- zens could be purged from the voter rolls puter records, thousands of individuals were soley on the basis of an ethnic-sounding sur- an earnest desire to contribute to and partici- pate in the greatest democratic nation in the already naturalized; these are Americans who name or the fact that they live in a predomi- will be ``missed'' if this system is in place). nantly minority neighborhood. world. Whether it is to join the workforce and Sadly, it appears this legislation is part of a contribute to the economy, or to cast a vote H.R. 1428's attempts to ensure a voter's larger Republican effort to suppress Hispanic and participate in the democratic electoral American citizenship is shadowed by a greater voter turnout. This campaign began with the process, we ought to embrace our new coun- offense to our constituents. It sends a clear year-long, million-dollar investigation into Con- trymen and women with respect. signal for minorities not to come to the ballot box because they will be harassed and unduly gresswoman LORETTA SANCHEZ'S defeat of H.R. 1428 would take away that respect. Republican Bob Dornan in California's 46th We would be saying to everybodyÐeven questioned about their loyalties. According to district. those born in this countryÐ``Prove to us that H.R. 1428, if the SSA and INS cannot confirm This bill will not work. Both the INS and So- you are a true American. Prove to us that you an individual's citizenship, local and state offi- cial Security have already said they cannot are entitled to vote in our Democratic electoral cials can deny a person the vote. Now, if your confirm the citizenship of most Americans. process.'' last name is Nguyen or Santos, I can assure We need to remove obstacles to participa- What's next, Mr. Speaker? Will we have to you that you should expect more questions tion not build fear into the electoral process. start carrying our personal papers on our per- and obstacles than if your name was Newton Ms. ROYBAL-ALLARD. Mr. Speaker, earlier son at all times in the event that we will sud- or Smith. today this chamber voted to end the probe denly prove our nationality when we cross Let us not forget that American ethnic mi- into the election of Congresswoman LORETTA state lines as they did in World War II Eu- norities are valuable members of our society. SANCHEZ. rope? Introducing legislation which is flawed in con- Congresswoman SANCHEZ was vindicated, This bill is also an affront to the 35 million ception and implementation and targeted to and the voice of her constituents was re- plus voting aged Americans with disabilities this segment of society is counter to our affirmed. who have benefitted greatly from mail-in reg- American ideals of fairness and democracy. I It should have never been questioned! istration since, in many instances, these indi- urge my colleagues to vote no on H.R. 1428. And now Republicans want to set our nation viduals are physically unable to go to a reg- We cannot afford to decrease the number of back. They want to create new barriers to vot- istration site. Americans with disabilities al- Americans voting in this nation. We are a de- ing for every American. ready register to vote at a rate 20% below the mocracy after all, not an oligarchy. February 12, 1998 CONGRESSIONAL RECORD — HOUSE H475 Mr. VENTO. Mr. Speaker, it is ironic that on the voting process, but because the means or will the efforts of local officials be more fo- the birthday of Abraham Lincoln, the Repub- employed in this bill represent yet another cussed on the Singhs, the Martinezes, and the lican Leadership in the House of Representa- step toward the transmutation of the Social Nguyens? Unfortunately, the historical record tives is bringing to the floor a proposal that Security number into a national identification would indicate the latter. says if you are African American, if you are number by which the federal government can In addition, the bill presumes that the INS Hispanic American, if you are Asian American, more easily monitor private information regard- and the SSA will have their records available the Republican Party does not trust you to ing American citizens. and updated for use by local officials, which vote. The measure before us builds barriers The Social Security number was created we know is not likely to be the case. And and creates a coercive environment with the solely for use in administering the Social Se- should local election officials not be able to election and voting process. curity system. Today, thanks to Congress, par- confirm citizenship, they can drop voters from In its worse manifestation, H.R. 1428, the ents must get a Social Security number for the rolls without having proven that they are ``Voter Suppression Act,'' could return us to their newborn babies. In addition, because of not qualified to vote. the ``good old boys'' days of Jim Crow laws. Congress, abuse of the Social Security system Mr. Speaker, rightly or wrongly, Hispanic- It is a proposal that has the effect of intimidat- also occurs at the state level such in many Americans and other immigrants to our coun- ing minority voters and creating a double states, one cannot get a driver's license, apply try feel a growing bias against them. U.S. citi- standard that makes it more difficult for Amer- for a job, or even receive a birth certificate for zens living in my district who were born in ican citizens, who do not meet these new Re- one's child, without presenting their Social Se- Latin America have expressed their growing publican superimposed criteria, to vote. For curity number to a government official. frustration and fear with harassing INS raids the Party of Lincoln, the Party of ``states' Now Congress is preparing to authorize the which treat all immigrants as suspects; they rights'' to interject this unprecedented level of use of the Social Security number to verify citi- are being denied the presumption of inno- big brother, big government is a shame. zenship for purposes of voting. Opponents of cence. A Salvadoran-American woman living Minnesota has led the nation in voting par- this bill are right to point out that, whatever in my district, who has been a resident and a ticipation for the past few decades by provid- protections are written in this bill, allowing citizen for more than 20 years, never leaves ing election day registration and extended ab- states to force citizens to present a Social Se- her house without her U.S. passport, for fear sentee ballot procedures. To date, there have curity number before they can vote will require that she may be harassed or detained by im- been no examples of widespread scandal or the augmentation of a national data baseÐ migration or other law enforcement authorities. voter fraud. At a time that we should be doing similar to those created in the Welfare Reform H.R. 1428 threatens to intensify the growing more to empower new voters and facilitate the and the Immigration Bills of 1996. feeling of alienation among immigrant U.S. citi- voting process, this measure moves back- Mr. Speaker, clearly we are heading for the zens, without assuring that it can easily, rea- wards to a process which is a proven failure. day when American citizens cannot work, go sonably, or fairly accomplish its objective of Mr. Speaker, none of us condone illegal vot- to school, have a child, or even exercise their ballot integrity. For these reasons, I must op- ing. But this is an issue that has been and right to vote without presenting what, in effect, pose H.R. 1428. should continue to be addressed at the state is quickly becoming a national I.D. card. Mr. POSHARD. Mr. Speaker, I rise today in and local level. If the Republican members are National I.D. cards are trademarks of totali- strong opposition to H.R. 1428, the Voter Eligi- truly concerned about how minority voters tarian governments, not constitutional repub- bility Protection Act. This legislation would per- vote, maybe they should end their policies de- lics. I'm sure all of us have seen a movie de- mit state and local voting officials to verify the signed to divide our nation and penalize mi- picting life in a fascist or communist country citizenship of registered voters through the So- norities instead of trying to frustrate the legiti- where an official of the central state demands cial Security Administration or the Immigration mate exercise of their franchise, the right to to see a citizen's papers. Well the Founders of and Naturalization Service. I would urge my vote. I urge a ``No'' vote on H.R. 1428. the Republic would be horrified if they knew colleagues to vote against this misguided at- Ms. CHRISTIAN-GREEN. Mr. Speaker, I that the Republic they created had turned into tempt to undermine one of our most precious, rise today in strong opposition to H.R. 1428 an overbearing leviathan where citizens had to fundamental and hard-fought rights, the right which seeks to limit eligibility for voter registra- present their ``papers'' containing a valid gov- to vote. tion by the creation of a new federal voter eli- ernment identification number before getting a It is clear to me that this bill would intimidate gibility system to confirm the citizenship of job or voting. voters by subjecting them to a burdensome registered voters. In order to protect the privacy rights of process of citizenship verification. Most upset- This apparently politically-motivated bill America's citizens, I plan to soon introduce the ting is that it would disproportionately impact would amend the Immigration and Nationality Privacy Protection Act, which will forbid the Americans of color, who will be suspect for no Act to establish a system through which the use of the Social Security number for any pur- other reason than the way they look. At a time Commissioner of Social Security and the At- pose other than for the administration of the when we should be continuing our efforts to torney General must respond to local voting Social Security system. I would urge my col- open the electoral process to more Americans, officials who question, for one reason or an- leagues to support this bill when introduced particularly more minorities, to ensure that all other, the citizenship of voter registration ap- and vote against the Voter Eligibility Act. It is groups are adequately represented, I am as- plicants. time for Congress to protect the Constitutional tonished that my colleagues would even con- My colleagues, I ask you is this bill nec- rights of all Americans and stop using the So- sider a measure that will undoubtedly have the essary? What evidence is there of widespread cial Security number as a de facto national opposite effect. H.R. 1428 threatens to keep voter registration fraud by noncitizens? identification card. millions of voters from exercising their rights, Instead of combating voter registration fraud Mrs. MORELLA. Mr. Speaker, all Americans and that is the very last thing this Congress H.R. 1428 would likely foster discrimination in- are concerned with maintaining and improving should be doing. stead, because it would allow state and local the integrity of our nation's elections. We know In addition to the shamefully discriminatory officials to drop American citizens from the that, in some recent cases, illegal immigrants impact that will result from this legislation, voter rolls solely on the basis of their ``ethnic and others not legally qualified to vote have there is the simple fact that the measure will sounding'' last name or because of the fact registered and cast ballots. A number of bills not work. Both INS and SSA have themselves that they live in a predominantly minority have been introduced in this Congress to deal admitted that they lack the capacity to accu- neighborhood. with this problem. rately verify the citizenship status of voters. Additionally, it is an unworkable bill since Regrettably, H.R. 1428, while attempting to H.R. 1428 would violate the privacy rights of neither the Social Security Administration nor restore electoral integrity, actually threatens to voters, undermine the Voting Rights Act and the INS can confirm the vast majority of citi- return us to a darker era in our nation's his- the National Voter Registration Act, discour- zens born in the U.S. tory, when people's voting rights were fre- age eligible Americans from voting, and foster I urge my colleagues to oppose this poten- quently challenged or harassed and their right discrimination when we should be working to tially discriminatory and mischievous bill. At a to cast ballots was denied. eradicate it and instead celebrate the diversity time when voter turnout is already at record H.R. 1428 would allow local officials to that is such a critical component of this great lows, this bill would make sure even fewer citi- check the eligibility of registered voters by nation. All this, and the legislation would not zens vote. submitted names from the voting rolls to the even accomplish its purported goals. Mr. PAUL. Mr. Speaker, I rise in opposition Immigration and Naturalization Service or the I will oppose this measure, and I urge my to the Voter Eligibility Verification Act (H.R. Social Security Administration. But how will colleagues to do the same. 1428). My opposition to this bill is not because the names be chosen? Will the Smiths, the Ms. BROWN of Florida. Mr. Speaker, I rise I oppose taking steps to protect the integrity of Johnsons, and the Andersons be scrutinized, today with grave concern regarding legislative H476 CONGRESSIONAL RECORD — HOUSE February 12, 1998 initiatives to restrict voter registration and turn- the ``suspension of the rules'' calendar. This gle fought, lives lost, and freedom gained from out. The so-called ``Voter Eligibility Confirma- method does not allow Members of Congress, 33 years worth of challenge and controversy. tion System'' in effect threatens voting rights in support or opposition to this bill, to offer It is my hope that the wisdom of truth, jus- of the American constituency. amendments or engage in more than 40 min- tice and fairness will prevail today on the floor As introduced, this legislation would estab- utes of debate. of the House of Representatives. This bill lish a federal program for state and local elect- H.r. 1428 would require American citizens, must be stopped. In the spirit of Rosa Parks, ed officials to ``confirm'' the citizenship of reg- whom the Immigration and Naturalization in the memory of Viola Liuzzo, let us stop the istered voters and voter registration applicants. Service (INS) and the Social Security Adminis- erosion of access of freedom and justice. Let The proposal would allow elected officials to tration could not confirm to be citizens, to be us maintain the integrity and validity of our submit the names of voter registration appli- selectively removed from registration lists. As elections. Let us encourage all citizens to reg- cants and registered voters to the Immigration a Member of the House Oversight Committee, ister and vote. Vote against H.R. 1428 on final and Naturalization Service and the Social Se- I have first-hand knowledge of how flawed, by passage. curity Administration for citizenship confirma- the INS's own admission, the INS database is. Mr. WATT of North Carolina. Mr. tion through a computerized system. According to researchers of the INS database Speaker, I yield back the balance of With all due respect to my Colleague, this is during the contested election of California's my time. bad policy! The data on which this system is 46th Congressional District, William Thomas Mr. PEASE. Mr. Speaker, I yield based is inaccurate. The fact is that an Amer- was listed as a possible person who might not such time as he may consume to the ican citizen can have a social security number be eligible to vote in the 46th Congressional gentleman from Georgia (Mr. GING- and stand the possibility of not being con- District in California. The INS database does RICH), the Speaker of the House. firmed as a citizen by the Social Security Ad- not contain data on any native-born citizens. Mr. GINGRICH. Mr. Speaker, I could ministration. Thousands of U.S. citizens were Even naturalized citizensÐcitizens who pay tell from the emotionalism of the at- naturalized before the agency began keeping taxes, work legally, and are probably going to tacks that those who are opposed to computer records at all. As a result, our fellow fight and possibly die, in another war against this bill did not have very many facts Americans will be targeted to have their voting IraqÐare not included in this INS database. to work on so they decided to use rhet- rights undermined by the use of such a sys- What is worse is that the database for the oric and symbolism. tem. Social Security Administration is equally This bill is actually quite simple. It Historically, women and minorities in our flawed. Before 1978, the Social Security Ad- has a very simple premise: One should Nation have been singled out and questioned ministration did not collect information on citi- be an American citizen to participate based on their surnames or appearance. Al- zenship or country of origin. Therefore, citi- in an American election. This is not a though this American struggle has made many zensÐincluding the vast majority of the mem- complicated idea. A person can be a progressions, this act of discrimination should bership of CongressÐwho received a Social black American as a citizen, I would not and must not be tolerated by our distin- Security card before 1978 probably would not say to my friend; they can be a yellow guished House. be able to register or vote under H.R. 1428. American citizen, a red American citi- Under current federal and state laws, both This bill would also make Social Security num- zen, a white American citizen, a brown voter registration fraud and voter fraud are bers part of the public record. As many Mem- American citizen, they can be a tall crimes. The notion that massive citizenship bers of Congress know, two employees of the American citizen, a short American verification procedures are needed does not Legislative Resource Center were fired by citizen, but they should be an Amer- align with the facts. The data received from Chairman WILLIAM THOMAS because of their ican citizen. the House Oversight Committee hearing in alleged mis-handling of the Social Security We can have the full range of diver- 1995 revealed that the real problem of voter numbers of employees of the House of Rep- sity. Persons may have emigrated from fraud had to do with the abuses of State ab- resentatives. If it is wrong for Congress to Fiji or emigrated from Ireland. I would sentee ballot laws, NOT by Latinos or Asian make the Social Security numbers of its em- say to my friend from Rhode Island, Americans. ployees public, it is wrong for states and mu- since I was a Doherty on my grand- Let's get real. This bill attempts to set meas- nicipalities to do the same. mother’s side, certainly we want those ures that not only overturns the Privacy Act This legislation does nothing to ensure that Irish who are here legally to vote if projections, but recreates a system that affects naturalized citizens or U.S. born citizens will they are citizens. But we do not want the minorities in our America. not be discriminated against. As an African Irish who are here illegally, nor do we As the Honorable Jimmy Carter so elo- American, I cannot recount the number of want anyone else who is here illegally quently stated in his 1981 farewell address, times that I felt the sting of discrimination or to vote. ``America did not invent human rights. In a prejudice because I did not fit someone's I listened for a long time to rhetoric, very real sense . . . human righters invented mind-set of what an ``American'' looked like. It now I think it is time to talk about America.'' is one thing if a blue-eyed, white male is trying what this bill is about. This is a nar- As we move into the new millennium, let us to register or vote. It is another thing for a rowly drawn bill. The essence of this continue to build bridges in our Nation. We dark-skinned, Latina female with an accent to bill is simple and it is based, frankly, need to address the facts of this proposed leg- try to register or vote. This bill hearkens back on the recommendations of the Sec- islation and not be distracted by the rhetoric. to the days before the adoption of the 1965 retary of State of California. The Sec- All Americans should have the inalienable Voting Rights Act in which there were grand- retary of State of California says there right to vote and that right must not be deter- father clauses, poll taxes, literacy tests and are people voting in California who are mined based on whether an elected official outright intimidation by ``poll watchers'' to de- not citizens and he does not have the decides that one of our fellow Americans is termine just who could or could not either reg- means to check them. ``ethnic-looking'' verses ``American-looking.'' ister or vote. Now, somebody said the Immigration In closing, I will leave with the powerful It saddens me to know that, after a genera- and Naturalization cannot support this statement of the Reverend Dr. Martin Luther tion, some of the same issues of equality and bill. Frankly, I am shocked that any- King, Jr., ``Injustice anywhere is a threat to fairness that one of my constituents, civil one on the other side of the aisle would justice everywhere.'' rights titan Rosa Parks, stood for are being raise the issue of the Immigration and Ms. KILPATRICK. Mr. Speaker, I rise today eroded today. It saddens me to know that, Naturalization Service. We had a re- in staunch and vehement opposition to H.R. after a generation, some of the same issues of port released Monday that in creating 1428, the Voter Eligibility Verification Act. This freedom and enfranchisement, a citizen of the new citizens, according to an outside bill would repress the participation of legal, City of Detroit, civil rights martyr Viola Liuzzo, accounting firm, 90.2 percent of the U.S. citizens in the process of both registering died for are being threatened today. It sad- files were handled wrong. In three of- to vote and participation in elections. Further- dens me to know that, as a current Member fices, 99 percent of the files were han- more, it would erode the hard-earned gains of of Congress, I receive the notice of threats dled wrong. the Voting Rights Act of 1965, and I encour- against my life to fight for justice. Let the If anything, there ought to be a scan- age my colleagues to oppose this legislation record reflect that I am not placing my meager dal about the fact that the Immigra- on final passage. This bill, which was not con- work on the same standard as these two cou- tion and Naturalization Service itself, sidered in either the House Judiciary Commit- rageous and brave persons. What I am saying according to this estimate, last year tee nor the House Oversight Committee for a is that it is regrettable that we, as a nation, had 38,000 citizens, had 38,000 citizens markup, is being pushed onto the floor under have obviously learned so little from the strug- made citizens who should not have February 12, 1998 CONGRESSIONAL RECORD — HOUSE H477 been made citizens, 11,000 of whom, The vote was taken by electronic de- Frank (MA) Matsui Rush Frost McCarthy (MO) Sabo 11,000 of whom were criminals. vice, and there were—yeas 210, nays Gejdenson McCarthy (NY) Sanchez Now, I would say to my colleagues 200, not voting 21, as follows: Gephardt McDermott Sanders that, first of all, the real answer ought [Roll No. 17] Gordon McGovern Sandlin to be let us overhaul the Immigration Green McHale Sawyer YEAS—210 Gutierrez McIntyre Schaffer, Bob and Naturalization Service so it does Hall (OH) McKinney Aderholt Gilchrest Norwood Schumer its job effectively, let us make sure the Hamilton McNulty Archer Gillmor Nussle Scott Hastings (FL) Meehan Social Security system has a computer Armey Gilman Packard Serrano Hefner Meek (FL) that works, and then let us allow a Bachus Gingrich Pappas Shays Hilliard Meeks (NY) Baker Goode Parker Sherman State—what are we asking a State to Hinchey Menendez Ballenger Goodlatte Paxon Sisisky Hinojosa Millender- do? It is not complicated. We are say- Barr Goodling Pease Skaggs Holden McDonald ing to a State to make sure that the Barrett (NE) Goss Peterson (PA) Skelton Hooley Miller (CA) Bartlett Graham Petri Slaughter only people participating in their elec- Houghton Minge Barton Granger Pickering Smith, Adam tions are legal American citizens. That Hoyer Moakley Bass Greenwood Pickett Smith, Linda Hutchinson Mollohan is the only criteria here. Bateman Gutknecht Pitts Snyder Jackson (IL) Moran (VA) People get up and make all these Bereuter Hall (TX) Pombo Spratt Jackson-Lee Morella Bilbray Hansen Porter Stabenow comments as though somehow, if they (TX) Murtha Bilirakis Hastert Portman Stark John Nadler yell racist long enough, if they scream Bliley Hastings (WA) Pryce (OH) Stenholm Johnson, E.B. Neal diversity long enough, if they somehow Blunt Hayworth Quinn Stokes Kanjorski Oberstar Boehner Hefley Radanovich Strickland come in here and pretend this is about Kaptur Obey Bonilla Herger Ramstad Stupak something else—this is a very narrow Kennedy (MA) Olver Brady Hill Redmond Tanner Kennedy (RI) Ortiz bill. Members who vote against this Bryant Hilleary Regula Tauscher Kennelly Owens bill are saying they do not want to Bunning Hobson Riley Thompson Kildee Pallone Burr Hoekstra Rogan Thurman know if illegal immigrants are voting. Kilpatrick Pascrell Burton Horn Rogers Tierney Kind (WI) Pastor They do not want to know if nonciti- Calvert Hostettler Rohrabacher Torres Kleczka Paul zens are voting, many of whom, by the Camp Hulshof Roukema Traficant Klink Payne Campbell Hunter Royce Velazquez way, may be here legally, may have Kucinich Pelosi Canady Hyde Ryun Vento been told they could register even LaFalce Peterson (MN) Cannon Inglis Salmon Visclosky Lampson Pomeroy though they were not citizens and may Castle Istook Sanford Walsh Levin Poshard be innocent. Chambliss Jenkins Saxton Waters Lewis (GA) Price (NC) Chenoweth Johnson (CT) Scarborough Watt (NC) All we are saying is an American Lofgren Rahall Christensen Johnson, Sam Schaefer, Dan Waxman Lowey Rangel citizen’s right to vote is one of their Coble Jones Sensenbrenner Wexler Luther Reyes most precious rights. How can we can- Coburn Kasich Sessions Weygand Maloney (CT) Rivers Collins Kelly Shaw Wise cel out an American citizen with a non- Maloney (NY) Rodriguez Combest Kim Shimkus Woolsey citizen and not feel that we are some- Manton Roemer Cook King (NY) Shuster Wynn Markey Ros-Lehtinen how cheating the essence of freedom in Cooksey Kingston Skeen Yates Martinez Rothman America? This bill is about citizenship, Cox Klug Smith (MI) Mascara Roybal-Allard it is about citizens being allowed to Crane Knollenberg Smith (NJ) Crapo Kolbe Smith (TX) NOT VOTING—21 vote. Cubin LaHood Snowbarger I want to repeat: If a person is an Af- Cunningham Latham Solomon Buyer Harman Oxley rican American and a citizen, they can Davis (VA) LaTourette Souder Callahan Jefferson Riggs vote; if they are Asian American and a Deal Lazio Spence Clement Johnson (WI) Schiff DeLay Leach Stearns Eshoo Lantos Shadegg citizen, they can vote; if they are an Deutsch Lewis (CA) Stump Everett Largent Smith (OR) Hispanic American and a citizen, they Dickey Lewis (KY) Sununu Furse Miller (FL) Towns can vote; if they are a European Amer- Doolittle Linder Talent Gonzalez Mink Young (AK) ican and a citizen, they can vote; if Dreier Lipinski Tauzin b 1412 Duncan Livingston Taylor (MS) they are Native Americans and a citi- Dunn LoBiondo Taylor (NC) Ms. BROWN of Florida, Ms. ROY- zen, they can vote. And, frankly, if Ehlers Lucas Thomas BAL-ALLARD and Mr. BECERRA their ancestors come from all five cat- Ehrlich Manzullo Thornberry Emerson McCollum Thune changed their vote from ‘‘yea’’ to egories and they are a citizen, they can English McCrery Tiahrt ‘‘nay.’’ vote. Ensign McDade Turner Mr. GILMAN and Mr. LEACH This is not about diversity, it is Ewing McHugh Upton changed their vote from ‘‘nay’’ to about enforcing the law. And I think to Fawell McInnis Wamp Foley McIntosh Watkins ‘‘yea.’’ try to vote this down with the sham ar- Fossella McKeon Watts (OK) So (two-thirds not having voted in gument of racism is, in effect, a way of Fowler Metcalf Weldon (FL) favor thereof) the motion was rejected. Fox Mica Weldon (PA) covering up the fact that some Mem- The result of the vote was announced bers, in fact, favor allowing noncitizens Franks (NJ) Moran (KS) Weller Frelinghuysen Myrick White as above recorded. to vote, allowing people who have no Gallegly Nethercutt Whitfield f right to vote, and that means canceling Ganske Neumann Wicker out the legal vote of a legal citizen who Gekas Ney Wolf b 1415 Gibbons Northup Young (FL) should have that vote protected as one RECOGNIZING AND CALLING ON NAYS—200 of the hallmarks of democracy. ALL AMERICANS TO RECOGNIZE The SPEAKER pro tempore. The Abercrombie Boyd DeGette THE COURAGE AND SACRIFICE question is on the motion offered by Ackerman Brown (CA) Delahunt OF MEMBERS OF THE ARMED the gentleman from Indiana (Mr. Allen Brown (FL) DeLauro Andrews Brown (OH) Diaz-Balart FORCES HELD AS PRISONERS OF PEASE) that the House suspend the Baesler Cardin Dicks WAR DURING THE VIETNAM CON- rules and pass the bill, H.R. 1428, as Baldacci Carson Dingell FLICT amended. Barcia Chabot Dixon Barrett (WI) Clay Doggett Mr. WATTS of Oklahoma. Mr. Speak- The question was taken. Becerra Clayton Dooley Mr. WATT of North Carolina. Mr. Bentsen Clyburn Doyle er, I ask unanimous consent that the Speaker, I object to the vote on the Berman Condit Edwards Committee on National Security be ground that a quorum is not present Berry Conyers Engel discharged from further consideration Bishop Costello Etheridge and make the point of order that a Blagojevich Coyne Evans of the resolution (H. Res. 360), recogniz- quorum is not present. Blumenauer Cramer Farr ing and calling on all Americans to rec- The SPEAKER pro tempore. Evi- Boehlert Cummings Fattah ognize, the courage and sacrifice of the dently a quorum is not present. Bonior Danner Fazio members of the Armed Forces held as Borski Davis (FL) Filner The Sergeant at Arms will notify ab- Boswell Davis (IL) Forbes prisoners of war during the Vietnam sent Members. Boucher DeFazio Ford conflict and stating that the House of H478 CONGRESSIONAL RECORD — HOUSE February 12, 1998

Representatives will not forget that Valor, two Purple Hearts, four Air Medals, from Texas (Mr. SAM JOHNSON), who is more than 2,000 members of the United and three Outstanding Unit awards, who re- a Member of this body, who spent 7 States Armed Forces remain unac- tired from active duty in 1979 in the grade of years, 7 years in a POW camp in Viet- counted for from the Vietnam conflict colonel, and who personifies the verse in Isa- nam during the Vietnam war. iah 40:31, ‘‘They shall mount with wings as and will continue to press for a final eagles’’; Mr. Speaker, our good friend, the accounting for all such servicemembers Whereas among the prisoners held in the gentleman from Texas (Mr. SAM JOHN- whose fate is unknown, and ask for its Hanoi Hilton was then-Captain Pete Peter- SON) was shot down on April 16, 1966, immediate consideration. son, United States Air Force, a former Rep- while flying on his 25th mission over The Clerk read the title of the resolu- resentative in Congress from Florida who is North Vietnam, and as I said, he spent tion. now serving, in a distinguished manner, as 7 years in POW camps and 2 years in The SPEAKER pro tempore (Mr. the United States Ambassador to Vietnam, the infamous Hanoi Hilton. And during LATHAM). Is there objection to the re- who was shot down on September 10, 1966, the time he was in the Hanoi Hilton quest of the gentleman from Okla- and while a prisoner conducted himself with valor and, notwithstanding the tremendous along with his colleagues, I think there homa? suffering inflicted upon him, continually were 11 or 12 of them, he lived in leg There was no objection. demonstrated an unfailing devotion to duty, irons, suffered malnutrition and lived The Clerk read the resolution, as fol- honor, and country, and who during his mili- in appallingly primitive conditions. lows: tary career was awarded two Silver Stars, And they were mistreated, they were H. RES. 360 one Legion of Merit, the Distinguished Fly- tortured, and yet the gentleman from Whereas participation by United States ing Cross, three Bronze Stars with V De- Texas never, never gave in. He was a Armed Forces in combat operations in vices, two Purple Hearts, six Air Medals, one real patriot under very difficult condi- Air Force Commendation Medal, the Viet- Southeast Asia during the period from 1964 tions. through 1972 resulted in as many as 8,000 nam Service Medal with eight devices, and one Meritorious Service Medal, and who re- And here he is 25 years later, now a United States servicemen being taken pris- Member of the Congress of the United oner by enemy forces; tired from active duty in 1981 in the grade of Whereas the first such United States serv- colonel; States, and the resoluteness he showed iceman taken as a prisoner of war, Navy Lt. Whereas the men held as prisoners of war during his incarceration in Hanoi and Commander Everett Alvarez, was captured during the Vietnam conflict truly represent the Hanoi Hilton is just as strong on August 5, 1964; all that is best about America; today as it was back then. He is a pa- Whereas following the Paris Peace Accords Whereas the 25th anniversary of Operation triot whose spirit was never broken, of January 1973, 591 United States prisoners Homecoming begins on February 12, 1998; and and I am very proud he is a Member of of war were released from captivity; Whereas the Nation owes a debt of grati- tude to these patriots for their courage and the Congress of the United States, and Whereas the return of these prisoners of I am very, very proud that he is my war to United States control and to their exemplary service: Now, therefore, be it families and comrades was designated Oper- Resolved, That the House of Representa- friend. ation Homecoming; tives— Mr. WATTS of Oklahoma. Mr. Speak- Whereas many United States servicemen (1) expresses its gratitude for, and calls er, for the purposes of debate only, I who were taken prisoner as a result of upon all Americans to reflect upon and show yield 30 minutes to the gentleman from their gratitude for, the courage and sacrifice ground or aerial combat in Southeast Asia Texas (Mr. REYES). have not returned to their loved ones and of the brave men, including particularly Sam Mr. REYES. Mr. Speaker, I yield my- their fate remains unknown; Johnson of Texas and Pete Peterson of Flor- ida, who were held as prisoners of war during self such time as I may consume, and, Whereas United States prisoners of war in Mr. Speaker, I thank the gentleman Southeast Asia were routinely subjected to the Vietnam conflict; from Oklahoma (Mr. WATTS) for yield- brutal mistreatment, including beatings, (2) urges States and localities to honor the torture, starvation, and denial of medical at- courage and sacrifice of those brave men ing this time to me. tention; with appropriate ceremonies and activities; Mr. Speaker, I am honored today to Whereas United States prisoners of war and rise in support of this important reso- were held in a number of facilities, the most (3) acting on behalf of all Americans, will lution which honors the U.S. military notorious of which was Hoa Loa Prison in not forget that more than 2,000 members of personnel who were held as prisoners of downtown Hanoi, dubbed the ‘‘Hanoi Hilton’’ the United States Armed Forces remain un- war during the Vietnam conflict. I am by the prisoners held there; accounted for from the Vietnam conflict and will continue to press for a final accounting equally honored to serve in this House Whereas the hundreds of American pris- with my good friend, the gentleman oners held in the Hanoi Hilton and other fa- for all such servicemembers whose fate is un- cilities persevered under terrible conditions; known. from Texas (Mr. SAM JOHNSON) and an- Whereas the prisoners were frequently iso- The SPEAKER pro tempore. The gen- other colleague, Mr. PETERSON, who is lated from each other and prohibited from tleman from Oklahoma (Mr. WATTS) is also being honored in this resolution. speaking to each other; recognized for 1 hour. Acknowledging the courage and sac- Whereas the prisoners nevertheless, at Mr. WATTS of Oklahoma. Mr. Speak- rifice of this Nation’s POWs and rein- great personal risk, devised a means to com- er, I yield 1 minute to the gentleman forcing the commitment to continuing municate with each other through a code from Indiana (Mr. BURTON). to press for a final accounting of those transmitted by tapping on cell walls; Mr. BURTON of Indiana. Mr. Speak- servicemen who remain missing in ac- Whereas then-Commander James B. tion is very appropriate, and I am Stockdale, United States Navy, who upon his er, I thank the gentleman from Okla- capture on September 9, 1965, became the homa for yielding this time to me. pleased that we are considering this senior POW officer present in the Hanoi Hil- Let me just say that anybody who resolution on this 25th anniversary of ton, delivered to his men a message that was serves this country in the armed serv- the release of many of Vietnam’s to sustain them during their ordeal, as fol- ices and fights and lays their life on POWs. lows: Remember, you are Americans. With the line for all of us deserves every- As a Vietnam veteran myself, I un- faith in God, trust in one another, and devo- thing that we can give them. Honor. derstand the horror of that war and the tion to your country, you will overcome. Respect. Everything. great sacrifices that were made by my You will triumph; But those who spend time in prison comrades in arms from throughout this Whereas among the prisoners held in the Hanoi Hilton was then-Major Sam Johnson, camps, prisoner-of-war camps, and Nation, but I, like most in this body United States Air Force, now a Representa- have had to endure the hardships and and in this country, can never under- tive in Congress from Texas, who was shot the torture and pain of that are special stand the nightmare experienced by down on April 16, 1966, while flying his 25th to me and should be to every American our POWs. While we are all subject to mission over North Vietnam and while a because they pay a price even above terrible living conditions, missing prisoner conducted himself with such valor those that give their lives because they loved ones, fear of losing our lives to as to be labeled by the enemy as a die-hard have to go through daily torture for the Vietcong hostile fire, we were, how- resister and, notwithstanding the tremen- long periods of time. And so my heart ever, the fortunate ones. dous suffering inflicted upon him, contin- The POWs and the MIAs had so much ually demonstrated an unfailing devotion to goes out to them and their families duty, honor, and country, and who during his who have had to pay that sacrifice over more to deal with. They were routinely military career was awarded two Silver the years and during the Vietnam war. subjected to brutal mistreatment, in- Stars, two Legions of Merit, the Distin- Today I want to specifically talk cluding beatings, torture, starvation, guished Flying Cross, one Bronze Star with about my good friend, the gentleman the denial of medical attention. That February 12, 1998 CONGRESSIONAL RECORD — HOUSE H479 they were also kept apart for many, of a prisoner and time and so on, to Mr. SNYDER. Mr. Speaker, it is with many years from seeing another Amer- have it in mind, to have it in one’s great honor and pride that I am here ican was an added hardship. mind, is everything being done, is ev- today with my colleagues to honor the Let us not forget their families. erything being done to get that person gentleman from Texas (Mr. SAM JOHN- Their families suffered equally, and out? And that would be tough. SON) and the other prisoners of war families today suffer not knowing the I just cannot think of a worse from the Vietnam war. As a former Ma- final outcome of those men and women thought to go through somebody’s rine and a Vietnam veteran, I think missing in action. Many loved ones do mind in that condition than to think, I our hearts go out to everyone who not know the fate of their soldiers still wonder if they are really trying to get served in that war and particularly to living today. I think that we should re- me; and so I hope that we do remember the 591 folks that came home as former flect today on the sacrifice of these those folks and those families. POWs. Too often we go off to war, different families. b 1430 We also should acknowledge the con- ones, and left the little children be- tinued suffering of the families of hind, and I left little children behind I particularly like the way the word- those, as I mentioned, who are missing when I went for my second tour. I will ing of this resolution read. We could in action. We must continue to seek in- never forget the look in the eyes of my talk about the thousands of prisoners formation about these missing men for middle daughter, and she said, ‘‘Daddy, of war, we could talk about the 591 that the families and because the United do you really have to go?’’ Television, came home, but when we read one States military is loathe to leave be- battlefields all the time, every day, man’s story, it means a whole lot more hind any of its soldiers, sailors, airmen and I said, ‘‘Cindy, yes, I have to go.’’ to the American public and to those or Marines. We in the House of Rep- And it was pretty tough. folks that really did not follow the resentatives must help the families in So I appreciate the gentleman from events of that period, or perhaps are the military continue seeking informa- Texas (Mr. REYES) making the com- too young to remember the events of tion about these 2,000 service members ment that he has about the families, that period. The old story about one who remain unaccounted for. and we cannot do enough to remember person is a story and 1,000 is a statistic, It has been said many times, all gave those not only in that conflict but oth- and we know that SAM JOHNSON is not some and some gave all, as well as ers that made that sacrifice. And fami- a statistic, but is a very honored man blessed are the peacekeepers. Blessed lies should be included. So to the gen- in his home country and in his State. truly are our POWs and MIAs. tleman from Texas (Mr. SAM JOHNSON), So we are proud of the gentleman I stand here in the people’s House again I thank him, welcome him home from Texas (Mr. SAM JOHNSON), we are saying, God bless our POWs, our MIAs and God bless him and all those that proud of all of the men and women that and everyone whose lives they have have served as he did. have served in Vietnam, and I am Mr. WATTS of Oklahoma. Mr. Speak- touched. proud to add my name to this resolu- Mr. Speaker, I yield 2 minutes to my er, I yield 5 minutes to the gentleman tion today. colleague, the gentleman from Iowa from Texas (Mr. ARMEY), the majority Mr. WATT of North Carolina. Mr. leader. (Mr. BOSWELL). Speaker, I yield 5 minutes to the gen- Mr. ARMEY. Mr. Speaker, I thank (Mr. BOSWELL asked and was given tleman from Texas (Mr. DELAY), the the gentleman from Oklahoma (Mr. permission to revise and extend his re- majority whip. WATTS) for yielding this time to me, marks.) Mr. DELAY. Mr. Speaker, I too rise and let me say from the outset, I will Mr. BOSWELL. Mr. Speaker, I too to pay tribute to a great American, not use the entire 5 minutes because rise to salute the gentleman from SAM JOHNSON. He is a dear friend, and we have so many people who want to Texas (Mr. SAM JOHNSON). I had a cou- certainly a true profile in courage. To- speak on this. morrow marks, as has already been ple of tours in Vietnam, and I can say I was reading about the stay of the very openly that one of the things I did said, the 25th anniversary of Operation gentleman from Texas (Mr. SAM JOHN- not want to happen to me is what hap- Homecoming, when the gentleman SON) in North Vietnam and thinking pened to him. I did not want to burn in about it as he and I have talked about from Texas (Mr. SAM JOHNSON) and 738 one of those helicopters, and I did not it and thinking about others that other American prisoners of war re- want to be a prisoner, and I thought stayed there, and we are going to hear turned to the United States from im- about it many, many days. all the details so many times about prisonment by the North Vietnamese. I was privileged that an associate of how he was shot down on April 16, 1966, On this day in 1973, SAM JOHNSON mine that I went through flight school and how he was released on February boarded a plane in Hanoi’s airport and with, name was JOHNSON, he and I had 13, 1973. But there is one detail I think returned home after having spent 7 the mission to go after James Roe in that tells me that the SAM JOHNSON years as a prisoner of war at the hands the Delta. Remember Roe? And 5 years held captive with the Vietnamese all of the North Vietnamese. He endured that he had been subjected to the con- those years ago is the same SAM JOHN- unspeakable torture, lived in primitive ditions of a prisoner and the Delta and SON I know today in the House of Rep- conditions and suffered from malnutri- so on, and we alternated days. We had resentatives. tion, and when one shakes SAM’s hands, other missions to run, so we alternated See, the Vietnamese concluded, as I one can feel the torture in his hands. days; and I cannot tell my colleagues have concluded, that he is a stubborn Two things helped him survive those our thrill the day that we got him. We man. They called him a diehard. They awful years in North Vietnam: a very, almost shot him, but we got him, and I thought, even as a prisoner of war, this very strong faith in God, and a deep, wish I could share some of the things stubborn man was a threat to their vic- deep love of his wife, Shirley. he had to say. tory, and they took him and nine oth- For 2 of those 7 years SAM JOHNSON Anyway, I am very appreciative that ers that were particularly stubborn and was imprisoned in that infamous Hanoi we take the time. I occasionally will go put them in isolation in a prison that Hilton. It was there that he endured down to The Wall and recognize some was particularly vicious called by the the worst of his torture. Communica- names there, and I have to thank my Americans ‘‘Alcatraz.’’ For 21⁄2 years tions between the prisoners as a well- good fellow upstairs that mine’s not SAM JOHNSON remained in that prison known story was forbidden, but that there too, and I am sure the gentleman in isolation from all the others, and he did not stop the Americans from devel- from Texas thought that more than a remained a stubborn man. oping an intricate tap code that helped few times. And I also have go through Then, as now, the gentleman from the prisoners maintain their sanity. my mind different times about those Texas (Mr. SAM JOHNSON) was stubborn Once, when JOHNSON and Commander that are missing in action, and I can- about his love for this country and his James Stockdale were caught using not think of a worse thing than to be faith in God, and it brought him home. this tap code, the Vietnamese retali- an American citizen, have carried the I thank him. ated with the worst kind of punish- flag and gone into conflict at the be- Mr. REYES. Mr. Speaker, I yield 2 ment. They put SAM in a cell about 21⁄2 hest of this country and then cir- minutes to my good friend, the gen- feet wide by 8 feet long. The Americans cumstances would come that because tleman from Arkansas (Mr. SNYDER). derisively called that cell ‘‘The Mint’’ H480 CONGRESSIONAL RECORD — HOUSE February 12, 1998 after a Las Vegas hotel. It was in The they have come together because of the One week later, when our military fi- Mint where SAM JOHNSON was set in courage of Mr. JOHNSON from Texas, nally secured the area, a search was stocks so tight he could not even move. and the courage of people like Pete Pe- conducted of the crash site, but Cap- The Vietnamese kept SAM in that terson from Florida, our Ambassador tain Johnson was nowhere to be found. cell in those stocks for 72 days, and on to Vietnam today. These people gave Residents of the nearby town said that the 72nd day, a typhoon struck Hanoi an enormous amount for their country. an American soldier had been taken Hilton. Water flooded SAM’s cell. He We owe them the deepest sense of grat- prisoner and had been seen recently in thought he was going to drown. So he itude, as we owe all people who serve in this particular town. However, these prayed, and he prayed that night like our Armed Forces. residents were either unable or unwill- he had never prayed before, and when So it is with that that I want to com- ing to provide further information. To he awoke the next morning, he discov- mend the gentlemen who have intro- this day, no further information re- ered that he had actually survived, duced this legislation, to thank those garding Captain Johnson has surfaced. thanks to God. Not only had he sur- who have served in our Armed Forces, No one has stepped forward to account vived, but the typhoon had blown the especially our Vietnam veterans whom for his whereabouts. boards off his cell and he saw the sun we specifically honor today, and of Captain Johnson is an American for the first time in 72 days. course those who are missing and who hero. He risked his life to safeguard his SAM JOHNSON serves as an inspiration have been prisoners of war. We deeply fellow soldiers and he risked his life to of every Member of this House. He en- feel and understand their pain, and we protect our freedom. It is unacceptable, dured that pain of imprisonment fight- particularly appreciate their sacrifices. Mr. Speaker, that the whereabouts of ing for his country. Nobody knows the Mr. WATTS of Oklahoma. Mr. Speak- Captain Johnson and other valiant value of freedom more than the gen- er, I yield myself such time as I may Americans are yet to be determined. tleman from Texas (Mr. SAM JOHNSON). consume. We must resolve in Congress to do We are all honored by his presence in Mr. Speaker, today, as a member of whatever we can to get a full account- this House, and I am honored and very the House Committee on National Se- ing of what happened to Captain John- proud to call SAM JOHNSON a friend of curity, I rise to pay tribute to the son and every one of the other men and mine. many thousands of Americans who women who have been taken prisoner Mr. REYES. Mr. Speaker, I yield 3 have been held as prisoners of war and or are still missing in action. minutes to the gentleman from Michi- the many thousands of Americans who I would also like to recognize two gan (Mr. BONIOR), my friend and col- are still missing in action. Today POWs who, thank God, returned from league. marks the 25th anniversary of the re- their pain and suffering and are even Mr. BONIOR. Mr. Speaker, I thank lease of the first American POWs from today still making contributions to our my friend from Texas (Mr. REYES) for North Vietnam, and accordingly, I urge great Nation. The honorable Pete Pe- yielding me this time. my colleagues here today to support terson, one of our former members and I want to rise in support of this reso- this resolution which honors those 591 a distinguished member of the House lution. I want to thank those, includ- American POWs who were reunited Committee on National Security, was ing the Speaker and the leadership on with their families 25 years ago today also a prisoner of war. He now serves the other side of the aisle, for offering in a mission known as Operation admirably as the United States Ambas- it, and I want to commend, as my col- Homecoming. sador to Vietnam, and he is working Today, Mr. Speaker, there are still leagues have, the distinguished gen- hard to find out what has happened to 8,100 American soldiers who fought val- our men and women who are still miss- tleman from Texas (Mr. SAM JOHNSON), iantly in the Korean War and still have for his service to this country. ing in Southeast Asia. Today, Mr. yet to return home. We have yet to lo- I came here almost 22 years ago and Speaker, I wish to recognize Pete Pe- cate their whereabouts. Today, there one of the first things that I involved terson for his valor and dedication to are still some 2,500 American men and myself in in this body was putting to- protecting America’s freedom. women who battled in the streets and I would also like to recognize a gen- gether a group of Members, Vietnam jungles of Southeast Asia during the tleman who is currently serving in the era veterans. There were 11 of us at Vietnam War and still have yet to re- United States House of Representa- that time. The gentleman from Penn- turn home. We have yet to determine tives, and again, still making contribu- sylvania (Mr. MURTHA), to my right, their whereabouts. tions to our great Nation and the great was one of them; the gentleman from Let me tell my colleagues a story to State of Texas. Our colleague, SAM Vermont, Mr. JEFFORDS was another illustrate the sacrifices that America’s JOHNSON of Texas was a POW in Viet- one, Vice President GORE, and there soldiers have made to secure freedom nam for almost 7 years. He refused to were others as well. And at that time it in our land. I want to tell my col- cooperate when the enemy demanded was very clear that Vietnam veterans leagues about Captain Bruce Johnson, that he give them important informa- were receiving a very short end of the a soldier from Michigan. On May 25, tion. legislative pie in this Congress. Their 1965, Captain Johnson was being air- Mr. Speaker, SAM JOHNSON is an education benefits were not adequate, lifted with 6 other soldiers to a loca- American hero and all of us today sa- their health care benefits were not ade- tion in South Vietnam where they were lute his patriotism and his dedication quate, their readjustment counseling needed to offer assistance to a Special to protecting his country’s freedom. benefits were almost nonexistent; and Forces unit in trouble. Mr. Speaker, in Oklahoma there is an so together, Republicans and Demo- While the relief helicopter carrying old saying that we have: ‘‘You don’t crats, we put together a program, and Captain Johnson was landing, it came call them cowboy until you see them little by little, it got enacted over a pe- under heavy mortar and small arms ride.’’ And for the last 3 years I have riod of 2 or 3 years. We even had dif- fire. In an attempt to avoid furious as- worked with SAM JOHNSON and I have ficulty getting recognition for Vietnam sault, the aircraft took off and tried to seen him operate and I have seen him veterans back then. gain altitude, only to lose control and work, and I say to my friend from I remember a bunch of us had a tree crash into some nearby parked vehi- Texas, SAM, we call you cowboy in planted over near Constitution Gardens cles. Oklahoma. about 22 years ago to commemorate An American pilot circling the area I will say it again. Over 8,100 Amer- Vietnam veterans before the wall was soon established contact with Captain ican men and women who fought in even conceived, and then of course Jay Johnson and Captain Johnson reported Korea are unaccounted for. Over 2,500 Scruggs and a few others came along sadly that he was the lone survivor. American men and women who fought and we put together a group and we Captain Johnson also reported that the in Vietnam are still unaccounted for. worked very hard to get the Vietnam situation around him was grim and Mr. Speaker, we must not rest until we Veterans Memorial that has meant so that he was under heavy fire and that account for every single one of these much to so many in this country. no more American personnel should be brave men and women. They deserve no It has been a long road, but I think sent to this location. It was just too less, and their families deserve no less. on this issue we have seen Republicans dangerous. Shortly thereafter, contact Mr. Speaker, I call for all of my col- and Democrats come together, and was lost with Captain Johnson. leagues to recognize the sacrifices of February 12, 1998 CONGRESSIONAL RECORD — HOUSE H481 America’s POWs and MIAs by support- might have given in, he stood firm. His went through. But we can say a sincere ing this resolution. faith in his God was never surrendered, word of gratitude to you as an Amer- Mr. Speaker, I reserve the balance of it was fortified. ican and as you continue to serve our my time. So what do we say to a soldier who country in these halls. The SPEAKER pro tempore (Mr. gave so much of himself to his coun- Mr. Speaker, also being honored in LATHAM). Without objection, the gen- try? And what do we say to a man who this resolution is a gentleman who tleman from Missouri (Mr. SKELTON) endured unthinkable torture and re- served ably and well as well as on the will manage the time on his side of the fused to think of giving in? What do we committee on which I now serve, Pete aisle. say to an American hero who kept the Peterson from Florida, who not only There was no objection. faith, stood his ground, and defended endured the hardships of being a pris- The SPEAKER pro tempore. The gen- his country? oner of war during the Vietnam con- tleman from Missouri (Mr. SKELTON) is What do we say to this very special flict, but returned and completed a suc- recognized. person? There is only one thing I can cessful Air Force career, was elected to Mr. SKELTON. Mr. Speaker, I yield 2 think of to say and that is ‘‘Thank Congress, and now presently serves as minutes to the gentleman from Florida you.’’ SAM, we thank you for your com- the United States Ambassador to that (Mr. BOYD). mitment to freedom and your courage sad country. To his credit, he went Mr. BOYD. Mr. Speaker, I would like to fight. To most Americans you are back in another capacity to help heal to thank the gentleman from Missouri more than a soldier, you are a peace- those wounds that were so open and so (Mr. SKELTON) for yielding me this maker. To me and to the rest of us who sore from those many years ago. time. I also want to thank the sponsors know you, you are a respected col- This resolution also makes reference, of this resolution and the gentleman league and a very cherished friend. excellent reference to Admiral James from Missouri (Mr. SKELTON) for in- So, Mr. Speaker, to all of those who B. Stockdale, who I know and have cluding the honorable Pete Peterson as keep the peace and who preserve free- great admiration for. All three of these a part of this resolution. dom, but especially to our friend, SAM gentlemen should be remembered and It is with a certain great amount of JOHNSON, I want to say God bless you properly doing so in this resolution. pride and humility that I am here and thank you very much. Mr. Speaker, it was 1978. I was a today, not just as a Member of this dis- Today I rise to pay tribute to an authentic freshman in this body. Mississippi Con- tinguished body, but also as a fellow American hero, Congressman SAM JOHNSON. gressman Sonny Montgomery asked me Vietnam veteran who has served along- On April 6, 1966, U.S. Air Force Colonel as the only freshman to go to Vietnam side many brave men who did not have JOHNSON was shot down while flying his 25th to help bring back remains of those the fortune to return home to their mission over North Vietnam. For the next who had died in that conflict. It was a family and friends, as I did. seven years, Colonel JOHNSON experienced an very difficult trip. A very difficult trip. Today, on this 25th anniversary of unimaginable amount of threats, tormentÐand The gentleman from Pennsylvania Operation Homecoming, I would espe- yesÐtorture. (Mr. MURTHA) was a member of that cially like to pay my respects to two He was kept in solitary confinement. He delegation, and we did. We met with men. One, a brave fallen soldier who withstood malnutrition. He endured leg irons. various Vietnamese officials and we served by my side as my radio tele- And he suffered unconscionable humiliation. were given the remains and returned phone operator, the second of the 506 But though he was beaten, he was never them honorably and correctly to a 101st Airborne Division in the Republic broken. Where others might have given in, ceremony at the air base in Honolulu, of Vietnam, Gilbert Ruff, Jr., from St. SAM simply stood firm. Hawaii, a memory that I shall long re- Louis, Missouri; and the other, the Through it all, his love for his country never member. honorable gentleman who served as a wavered, it strengthened. His faith in his God This resolution calls for remember- Member of this Chamber, a war hero was never surrendered, it was fortified. ing those who sacrificed, like SAM and former POW, a man whose seat I What do you say to a soldier who gave so JOHNSON, like Pete Peterson, like Ad- now hold, a man who now, after so much of himself for his country? miral Stockdale. But we should also many years, returned to Vietnam to What do you say to a man who endured un- pay tribute to those who fought in that serve as our Ambassador to that coun- thinkable torture and refused to think of giving war, who wore the American uniform, try, the Honorable Pete Peterson. in? who did well and returned home to There is no doubt that this Nation And what do you say to an American hero work and live and experience the free- owes a great debt of gratitude to those who kept the faith, stood his ground, and de- doms of our country. To them, too, we who sacrificed their lives, who fought fended his country? say a heartfelt thanks. and persevered, whose courage and What do you say to this very special per- We should also, Mr. Speaker, well re- service prevailed during this difficult son? There's only one thing you can sayÐ member those in previous conflicts. conflict in Vietnam. thank you. Now, this is the 25th anniversary of the release of the prisoners, Operation b SAM, we thank you for your commitment to 1445 freedom and your courage to fight. Homecoming, 1973 from the Vietnam It is men like Gilbert and Pete that To most Americans you are more than a conflict. But there were previous con- truly represent all that is good and soldier, you are a peacemaker. And to me, flicts in which Americans were held honorable and is the best in America. you are more than a respected colleague, you captive, were mistreated, and were able Mr. WATTS of Oklahoma. Mr. Speak- are a cherished friend. to come home to an American wel- er, I yield 2 minutes to the gentle- God bless SAM JOHNSON. And God bless all come. woman from Texas (Ms. GRANGER). of America's warriors who keep the peace and I have a neighbor down the street in Ms. GRANGER. Mr. Speaker, today I preserve our freedom. Lexington, Missouri, on Franklin rise to pay tribute to an authentic Mr. SKELTON. Mr. Speaker, I yield Street, a longtime friend, George Stier, American hero, Congressman SAM myself such time as I may consume. who was shot down as a pilot, a lieu- JOHNSON. Mr. Speaker, I congratulate the spon- tenant in the United States Army Air Mr. Speaker, on April 16, 1966, U.S. sors of this resolution which calls for Corps at the time, and spent many, Air Force Colonel SAM JOHNSON was all Americans to recognize the courage many, many months in a stalag in Ger- shot down while flying his 25th mission and sacrifice of members of the Armed many. over North Vietnam. And as we heard Forces held as prisons of war during I went to a wake just a few weeks ago today, for the next 7 years he experi- the Vietnam conflict. Especially sin- for another friend who more recently enced unimaginable amounts of threats gled out is our friend from Texas (Mr. was mayor of Higginsville, Missouri, in and torment and, yes, torture. SAM JOHNSON). Lafayette County, who was captured He was kept in solitary confinement. Mr. Speaker, the gentleman is an ex- on Corregidor in May of 1942. He served He withstood malnutrition and endured ample of courage and is one for the his- as a marine, and he endured the hard- leg irons and suffered unconscionable tory books, and SAM JOHNSON, we all ships of the Japanese prisoner experi- humiliation. But though he was beat- salute you and there is no way for us to ence. Buford Thurmon, as his remains en, he was never broken. While others adequately empathize with what you lay in the casket at that funeral home, H482 CONGRESSIONAL RECORD — HOUSE February 12, 1998 Buford Thurmon was wearing his be- amongst us day by day here in the confinement because he would never loved United States Marine uniform. House of Representatives, and many do allow the torture to break his will, his So it is to all of those today in the not know about what he has been love of America and his faith in God. Vietnam conflict, and in my mind, in through in his life because he is so In recognition of his service, the the other conflicts in which Americans down to earth. He has got it so put to- military has given him two Silver have suffered because they were Ameri- gether. He has such resolve and com- Stars, two Legions of Merit, the Distin- cans, because they had courage, be- mitment for the benefit of all the peo- guished Flying Cross, one Bronze Star cause they believed in this country, to ple in this country. His word is his with Valor, two Purple Hearts, four Air them I say a heartfelt thanks and bond. He will never vary from it. Medals and three Outstanding Unit words of gratitude. Mr. Speaker, he is an individual, as Awards. And SAM, a special thanks to you not we heard from the gentleman from Everyone in this House talks about only for what you have done, but for Texas (Mr. SMITH) who went to Viet- patriotism and sacrifice. SAM JOHNSON your work here in the Congress of the nam because it was the right thing to embodies patriotism and sacrifice. United States. do. And it was an honorable cause. Today he continues to fight for free- Mr. Speaker, I reserve the balance of Politicians let him down and let down dom. He has been fighting for individ- my time. the rest of our military personnel who ual liberty since he came here to Con- Mr. WATTS of Oklahoma. Mr. Speak- made the great sacrifice in Vietnam. gress in 1991. It has been my high honor er, I yield 2 minutes to the gentleman But we owe him a great debt of grati- to be able to join him in that struggle from Texas (Mr. SMITH). tude. He knew the risk. He knew the since I arrived here in 1995. He has done Mr. SMITH of Texas. Mr. Speaker, I danger. And unfortunately it befell him it effectively and without rancor. SAM’s selfless devotion to America thank the gentleman from Oklahoma and his body was shattered. He endured and freedom is evident every day. He (Mr. WATTS) for yielding. pain and deprivation beyond anything never mentions the awards or his brav- Mr. Speaker, I rise today in strong that Americans can have any idea of. ery in action. He never mentions the support of this resolution. Today we Mr. Speaker, I hope every American exploits of or the horrors of his cap- honor a man who withstood the agony can read his book. I read it and I could tivity. That is just not SAM’s way. He of war and the horrors of imprison- not put it down. I lived for 2 weeks is humble. He is kind. He bears no ill ment. SAM JOHNSON’s courage is an in- with him and his experiences in Viet- will. Every time I see his smile or spiration to all Americans as we salute nam. But he emerged from that a man him on the 25th anniversary of his re- shake his hand, I am reminded, here that can be an idol for all of us. Young stands a man who sacrificed more for lease from Vietnam captivity. people today can aspire to be the indi- One of the requirements I have in my this country than I can ever imagine. vidual, to have the character and the It is fitting that we honor him today. office for summer interns is to write attributes of this man, SAM JOHNSON. Mr. WATTS of Oklahoma. Mr. Speak- two reports on a select number of Mr. Speaker, I am proud to call him er, I yield 1 minute to the gentleman books. One of those books was written my friend. I would follow him any- from Texas (Mr. SESSIONS). by our colleague, SAM JOHNSON. It is where and know that trust, faith, hope, Mr. SESSIONS. Mr. Speaker, I thank called ‘‘Captive Warriors’’ and it is re- resolve, patriotism would be leading the gentleman from Oklahoma for quired reading in my office. me. yielding me the time. For many of my interns, the Vietnam SAM, I am honored to be your friend. I rise today to give thanks also to my War is as distant as the Civil War. I am honored to serve with you and I good friend, SAM JOHNSON, my friend After reading the book, though, they love you. and colleague, a man who has been a come away with a new sense of patriot- Mr. SKELTON. Mr. Speaker, I re- mentor for me politically for many ism and humility because of the sac- serve the balance of my time. years. But I want to admit that as we rifices that SAM JOHNSON and thou- Mr. WATTS of Oklahoma. Mr. Speak- give great admiration to SAM JOHNSON, sands of others made for our country. er, I yield 2 minutes to the gentleman I want you to know that he has a fam- But what makes the greatest impres- from Indiana (Mr. MCINTOSH). ily. He has a lovely wife, Shirley, who sion on many of us is that SAM JOHN- Mr. MCINTOSH. Mr. Speaker, I thank is with us today, who is here in the gal- SON was held captive for nearly 7 years. the gentleman from Oklahoma (Mr. lery, who has stood by her husband for Half of those years were spent in soli- WATTS) for yielding me this time. years and years, a woman who has tary confinement, yet during his years Mr. Speaker, SAM JOHNSON is my faith in God and faith in our country, in captivity, his faith in God and coun- hero and today politicians give out to SAM’s 3 children and 10 grand- try was unwavering. that honor much too easily. But SAM children. Mr. Speaker, to paraphrase President JOHNSON is a real hero in every sense of We give thanks to SAM JOHNSON be- John F. Kennedy, I think that a gath- the word. cause he is a hero, a captive warrior ering of prisoners of war from Vietnam There are few Members of this House who came home, who gave his very best would be a most extraordinary collec- who have given so much of themselves for America, but who gives it every sin- tion of courage ever assembled since to this country and we have heard gle day today. George Washington faced the British about that today. Few have earned the SAM, we love you. We respect you. We since the Revolutionary War. right to be called a patriot. He has an- appreciate you. Let the day never, Mr. Speaker, it is with great pleasure swered every call to serve this country, never get too far away from us here. that I urge my colleagues to support in wartime and in peace. He has been a We can say not only thank you but this resolution in honor of my friend warrior and a public servant, and on thank you also to the men and women and colleague, SAM JOHNSON. both occasions he has fought for the who did not come home who I know Mr. SKELTON. Mr. Speaker, I re- same cause: freedom at home and you live with in your heart every day. serve the balance of my time. abroad. We are proud of you. And to you and Mr. WATTS of Oklahoma. Mr. Speak- Mr. Speaker, when the United States Shirley we say, God bless you. er, I yield 3 minutes to the gentleman asked SAM to serve to battle com- Mr. WATTS of Oklahoma. Mr. Speak- from Texas (Mr. ARCHER), the dean of munism in Asia, he did not hesitate. He er, I yield 1 minute to the gentleman the Texas delegation and the chairman was in the Air Force for 29 years. He from New Jersey (Mr. PAPPAS). of the Committee on Ways and Means. was a hero in Korea and then served Mr. PAPPAS. Mr. Speaker, America Mr. ARCHER. Mr. Speaker, I thank again in Vietnam, as we have heard needs heroes. We have one of them the gentleman from Oklahoma (Mr. about. within our midst. Prior to my coming WATTS) for yielding me this time and to Congress, I would tune in to C-SPAN b for managing what I believe is a very, 1500 every once in a while, and SAM JOHN- very important moment for the House On that day in 1966 when his F–4 was SON is one of the Members that I would of Representatives and for the people of shot down over North Vietnam, an see and listen to and admire. Since I this country. event occurred that would change his have had the good fortune to work with Mr. Speaker, the individual that we life forever, serving 7 years as a pris- him, that admiration has only in- honor today is a man who walks oner of war, three of them in solitary creased incredibly. February 12, 1998 CONGRESSIONAL RECORD — HOUSE H483 My father served in World War II. today. I think in 1998 America we I join with my colleagues today in honoring Fortunately, he never had to be a pris- ought not to confuse heroes with celeb- SAM JOHNSON. I want to add my personal oner of war. For you, SAM, and for so rities, and there is a real difference. thanks for selfless devotion to duty, his hard many other Americans that had that Celebrities are known for being known. work, his sacrifice, and his friendship. indignity thrust upon them, words can But heroes are known for the values, Mr. MANZULLO. Mr. Speaker, I rise today never be used, we could never find the the principles, their character, their to pay tribute to a real American hero, Con- words to express how humbling that integrity, and the love for this great gressman SAM JOHNSON, and to all his fellow must be for all of us to see the sac- country and the love for their wonder- POWs who so bravely and valiantly served rifices that people like you have made ful God. this country. As you well know, SAM was shot for each of us here. And for so many SAM JOHNSON is a real hero. His book down over North Vietnam and imprisoned for Americans that means so much. has been mentioned today. SAM, I can almost seven years under horrifying condi- SAM, you are to be commended for say for all of our colleagues that you tions. your willingness to continue to serve have been a wonderful book, your life What strikes me most about SAM's story is your country and it is my great honor has been a wonderful book for us to his unshakeable faith in the Lord. On the to serve with you. God bless you and read on a daily basis here in the Cham- evening of his 72nd day in leg stocks, SAM your family. ber. We appreciate your heart and your was ready to give up. For months he had not Mr. WATTS of Oklahoma. Mr. Speak- patriotism. been able to move from his shackles. For er, I yield 1 minute to the gentleman Mr. Speaker, I yield the balance of months he had not seen the sun or sky from Illinois (Mr. EWING). my time to the gentleman from Texas through the boarded-up windows of his tiny Mr. EWING. Mr. Speaker, I have a (Mr. SAM JOHNSON). cell. As he fell asleep that evening, SAM very special place in my heart for all The SPEAKER pro tempore. The gen- thought to himself: ``It would be okay if I never Vietnam veterans. SAM JOHNSON only tleman from Texas (Mr. SAM JOHNSON) woke up again.'' That night, a powerful ty- makes that a greater and bigger place is recognized for 61⁄2 minutes. phoon struck Hanoi. As SAM's cell filled with in my heart. We came into this body a Mr. SAM JOHNSON of Texas. J.C., water, be began to pray as never before. He few days apart. He was just ahead of you are terrible. You are great. You knew then more than ever that the Lord was me, so he always gets the office I want are perfect. I thank you for bringing and I am right behind him. But we are his hope and his salvation. As SAM later re- this to the floor. And IKE, you, and all counted, ``When I woke up the next morning, kind of a class of our own. the other Democrats I know, respect Just two little stories that make me I realized the storm has blown the covers off and admire our veterans and those who know what SAM JOHNSON and Shirley the window, and that morning I saw the sun are in the service today. This Nation Johnson are all about. When I talk to rise for the first time in 72 days. That was God would not be the great Nation it is SAM, and he does not talk much about in all His glory coming up out there. And it's were it not for the veterans from the it, he says when they stand you up and good to know He's there; it certainly helps to Revolutionary days right on up until blindfold you and they are going to put your mind at rest. It helps you to get today. shoot you and then they do not, he through those tough times.'' I hope we will remember those who God bless you SAM JOHNSON. God bless our says, you never fear again. are in the service in places of harm’s And then when I talk with Shirley, POWs. And God bless America. way today and who might be put in and she is a great friend of Connie’s CONGRESSMAN SAM JOHNSON harm’s way and hope that we will not and mine, she takes it so lightly. Well, (Testimonial as told to Northwest Bible have to put them there. Those are the he ran off while I was raising the chil- Church) guys that down through the years have dren. Listen, I want you to know that we’ve been I think they are a great couple. made this country great, have made it doing a little bible study up there in Wash- You certainly do love your country, free. I can assure you, until you have ington, DC, believe it or not. . . . My good- your family and your God. It shows had freedom taken away from you, you ness, the Lord is directing you and, you every day in that great big smile. God never can understand exactly what the know, it goes to show you the faith and the grace and the failures that make our lives bless you, SAM. beauty of it is. Mr. WATTS of Oklahoma. Mr. Speak- This Nation represents that. America worth living. Let me tell you a little bit about what happened to me in Vietnam. I er, I yield 1 minute to the gentleman is and will be the greatest nation in the world. All you have to do is step across was shot down in an F–4 and ejected to get from Pennsylvania (Mr. GEKAS). out. Our air speed was about 650 knots, which Mr. GEKAS. Mr. Speaker, I thank the border in any direction and you is kind of slow I guess. I broke my left arm the gentleman for yielding me the know you want to come back. in two places and dislocated my left shoulder time. I salute the veterans of this Nation and broke my back. When I landed the bad After I was drafted into the Army who have made it great. I think, with guys were on me in about 30 seconds. We and served 2 years during the Korean you, we should honor those who are in were right in the middle of a division of the conflict, I could not wait to get out and the service of our Nation today, respct enemy troops, and I was caught pretty tell my friends and family how much I and honor them. Let me just tell you, quickly. They threw me around and they took over had suffered when I was in the Army, there was a quote left on the wall in Vietnam, in one of those prisons when a house and just kicked the people out. The the great contributions and sacrifices guards and I were thrown in there. My back- that I made. The truth was that I never we left, which I think says it all: Free- seater also got out, fortunately, and was put saw combat. I was in a tank once at dom has a taste to those who fight and in another house where they threw people Fort Knox, and I did go through basic almost die that the protected will out. We stayed there for just one night and training, was trained to be a tank com- never know. then went to a place called ‘‘Dong Hui’’ mander; but I was lucky and never did God bless you all. It is pleasure to be which was in North Vietnam. There they ac- really have to do anything that would in this body with each and every one of cused us of being air pirates and took me out and put me in front of a firing squad. Even put me in harm’s way. you. Mr. BUYER. Mr. Speaker, I rise today with though you’ve been trained in the Air Force But then I met JOHN MCCAIN and SAM Survival School and you know or think they JOHNSON and others in similar cir- my colleagues to honor a decorated fighter are not really going to hurt you, when you’re cumstances, and all of a sudden, I made pilot, a former POW, a distinguished Con- standing there with six guys facing you with a plea to myself and promise to myself gressman and a good friend, SAM JOHNSON. rifles, and you see them pull a clip out of that I would never say that I suffered The Hallmark of SAM's life has been serv- their pockets, jam it in the gun, and charge while I was in the Army. I was glad I iceÐservice to the Air Force, to this House, to the weapon, you know you can’t really tell served, and I am happy that I did my the citizens of the Third Congressional District whether there’s a bullet going in or not. And duty. But it paled in comparison to of Texas, and to the country. His record of they pull them up and the officer gives the sacrifice and dedication to duty is unmatched signal to fire and they all go click, those sacrifices made by the likes of click. . . . You’re facing them and you won- SAM JOHNSON and JOHN MCCAIN. in this House. I know he would be uncomfort- der about that. They tried again later, and Mr. WATTS of Oklahoma. Mr. Speak- able with the term ``hero''Ðbut in a time when the second time I laughed at them. They er, I yield myself 30 seconds. American youth are looking for true heroes, threw me in a pit. You know, in retrospect, It is interesting that we have used they would do well to look to SAM JOHNSON for that was the Lord being with me. I followed the word ‘‘hero’’ here in this Chamber their inspiration. him by praying as hard as I could at that H484 CONGRESSIONAL RECORD — HOUSE February 12, 1998 time, but the real faith you know, the Lord It was a terrible storm and my cell started Well, it happened to be New Year’s Eve really being with you, doesn’t come home to flood. The water was rising fast and since when we moved together so we sang Christ- until you stop and think how he provided. I couldn’t move because of stocks I had no mas carols and that was just a great time. Later they put a cast on my arm. They way to escape the water. I had nothing else But when you’re in a communist world like dressed up some guards like doctors (which to turn to but my faith. I began to pray. I that, the Vietnamese think that it’s a dem- is how you become a doctor in Vietnam). prayed like I had never prayed before, be- onstration so they came charging in and said They pulled it down to the extreme (that it cause I knew that the Lord was my only sal- ‘‘Stop, you are not authorized to do that.’’ broke it in two places) and then they folded vation at this point. It ends up that the Lord We didn’t care, we were going to have a it up and put a cast on it. That was their was with me that night. When I woke up the church service every Sunday regardless. And medical deal. They broke it again in route to next morning I realized the storm had blown we did, they took 3 senior officers out and Hanoi during the travel which took us about the covers off the window and that morning put them in solitary and in irons, and we 25 days. And when we got to Hanoi nearly ev- I saw the sun rise for the first time in 72 kept doing it and they came in one night and erybody was treated the same, it was a week days. That was God in all his glory coming they took about 40 more of the seniors out of torture, while they were trying to get up out there. And it’s good to know He’s and put them in solitary and in fact doubled military information. And you know, they there, it certainly helps to put your mind at them up in bunks and really made them un- never found out that I ran the Fighter Weap- rest. It helps you to get through those tough comfortable. We got in the windows and ons School of the Air Force. times. started signing ‘‘Battle Hymn of the Repub- That very day they came and took me out My back seat pilot Larry Chesley and I lic,’’ ‘‘God Bless America,’’ all the good of the stocks. I could not walk, obviously. made up a couple of stories. Like, ‘‘I had just songs that you know, in our room. There Two guards carried me over to an interroga- gotten there, I didn’t know anything about were about 370 of us in that camp and every the airplane, they just put me in it and told tion office and set me down on a three-legged stool, and this guy says ‘‘We’re going to kill room got up in the window and started join- me to fly over, and they put bombs and na- ing in with us. palm on it, but I didn’t know what was on you.’’ They threatened to do that fairly the airplane. And the back-seater got in the often. But, they said they had this confes- The North Vietnamese came running in plane there, so I didn’t know him. He was sion from Stockdale and obviously you’re in- with their guards in full battle dress with volved. I said, let me see it because I don’t new to Vietnam and he didn’t know a thing gas masks on, and we thought they were think he’d write one. And he, of course, about radar.’’ They told me when I got up going to try to throw tear gas in, but they wouldn’t let me look at it. So I told him that over N. Vietnam push that button. We told didn’t. We could peek through the walls he was lying, I knew Stockdale didn’t write them that story and they gave up after where we had but holes and we noticed that anything. He got mad and said just go back. the whole town of Hanoi had come out to see awhile. Well, that month they took 11 of us to a I was put into an empty dirty room. When what the commotion was. Well that died out place we called Alcatraz. Jim Stockdale was that night and the next day the camp com- they came in to interrogate you they one of them with us, and Jeremiah Denton brought a table in so the interrogators can mander came on the loud speaker and said from Alabama, ex-senator. He was in the ‘‘the camp authorizes you to have church sit behind it and start asking questions. You same camps with me practically the whole were without food and water for about a services.’’ You know that only God could time, he taught me the tap code. This was a make that happen, and I’ll tell you what, the week. But, it was one of those trials that you code where we took the letters of the alpha- go through. They took this broken arm of Lord was with us. I think each and every one bet and put them into five rows of five let- of us is stronger from that experience. mine and broke it again and twisted it right ters each and eliminated the ‘‘k’’ and used on around and tore it out the other side, try- the ‘‘c’’ for ‘‘k’’ for a while, but later tucked I never really thought about being in- ing to make me talk to them. And really, the it back in where it belongs. And a ‘‘b’’ would volved in the Congress, which has brought Lord was protecting me as I look back on it. be tap—tap, tap (1st row second letter) and me here to talk to you today. Jerry Denton It was very painful. So we didn’t change our we became pretty adept at doing that. In Al- and Jim Stockdale and all of us talked about story and apparently my backseater told the catraz we were all in 11 different cells, side how badly managed our government was and same thing. Later (five years later) the com- by side, and kind of in an ‘‘L’’ shape, and we decided that when would we get involved mander, who was the colonel, walked in and could talk to each other pretty rapidly with when we got back to the U.S. and do some- said ‘‘You lied to us.’’ I said no, what are you that code. We then decided we weren’t talk- thing about it, instead of just complaining. talking about. He said when you first got ing fast enough, so we developed a ‘‘cough, So, I got involved in the State Legislature shot down you didn’t tell us the truth. I said, hack, spit code.’’ And I said, ‘‘you know and when Steve Bartlett resigned to run for ‘‘No, you must be mistaken, Americans Jerry, we’re going to get caught for this and mayor of Dallas, I decided to try for the never lie.’’ the Vietnamese are going to really clamp House. And I think the Lord led the way and I later was put with a guy named Jim down on us and we’re going to be in trouble.’’ prompted me to do that and hopefully, I can Stockdale who is now in California. We were But, he said, ‘‘no, we’re going to try it.’’ be there for you and represent you and our in a place where they kept bringing men who It was around 1968, I guess, when they beliefs up there. had just been shot down. I tried to talk to started letting us out for exercise, first time I do know that this is one nation under them and tell them how they could guard ever. And about 15 minutes a day. So Jerry God, our founding fathers wrote this Con- themselves and how to react and respond to got out of his cell and he was walking around stitution under the precepts of the Bible. the Vietnamese so they wouldn’t get into too and he was talking and having the prisoners The Supreme Court needs to use the Bible as much trouble. They knew we were doing it communicate with him. We used a clearing a guide, as a Law book. We have been drift- but they couldn’t catch us. If they had of the throat for one, two clears for two, a ing, as a country, far from these founding caught us they would have really punished cough for three, a hack for four, and a spit principles. And I’m hoping that we can get us. I don’t understand that mentality, but for five. We talked for three years with that more people up in D.C. to turn that around. they would punish us and it would be in com- code and the Vietnamese never caught on. Thank you so much for letting me share my munist ways. Their population over there must think story with you today, and I hope you will One of the most serious incidents involved Americans have a respiratory problem. We Stockdale and I. We were caught commu- share with me. My office is always open. God always signed off in the evening with ‘‘God bless you and God bless America. nicating with other prisoners and the guard bless you.’’ busted in the door of our cell. Stockdale Every Sunday, we would pray together, Mr. SKELTON. Mr. Speaker, with tried to fight him and he knocked him to the somebody would know it was Sunday, and great respect and tribute to our friend, floor. Our punishment for this was the worst the Vietnamese took about half a day off. the gentleman from Texas (Mr. SAM of my entire time in prison. Some guy would stomp on the floor and we’d JOHNSON), we sincerely hope that this They put me in a little cell that was about all get on our knees and pray together. We resolution passes unanimously. I thank two and a half foot wide by eight foot long could feel the power of prayer when we were that we called the Mint, we named every- together, everybody praying, even though we the gentleman from Oklahoma for his thing after a Las Vegas hotel. So, there’s one weren’t side by side, separated by walls. We efforts in this regard, as well as the other guy in an adjoining cell with me, and did that for as long as I can remember. other cosponsors. at the same time they put me in leg stocks. And then one day they had the Son Tay Mr. Speaker, I yield back the balance I don’t know if you know what that is but raid and I don’t know if ya’ll remember that it’s kind of like the pilgrims when they used or not, but it was an effort to try to rescue of my time. to punish people they put them in the middle the guys out of the camp at Vietnam. They The SPEAKER pro tempore (Mr. of the town square. They set me in those failed in that effort because they had moved LATHAM). Without objection, the pre- stocks and locked my legs down so I couldn’t about 30 days earlier. And it was unfortunate vious question is ordered on the resolu- move for 72 days. I didn’t get up for any- because they were going to move them back, tion. thing. but it scared them enough that they moved But, on the 72nd day an amazing thing hap- us all together for the first time. And when There was no objection. pened. My cell was on the corner, so I had we moved together we decided to have a The resolution was agreed to. windows, but they were all boarded up. I church service and I’ll never forget because hadn’t seen the sun or anything for 72 days. Jerry said ‘‘Sam you sing for us and lead,’’ A motion to reconsider was laid on That night a typhoon came through Hanoi. and I said ‘‘I can’t sing,’’ but I did. the table. February 12, 1998 CONGRESSIONAL RECORD — HOUSE H485 ANNOUNCEMENT BY THE SPEAKER tleman from Indiana (Mr. SOUDER) is contains an article about that museum's fas- PRO TEMPORE recognized for 5 minutes. cinating exhibits. It is my pleasure to submit it The SPEAKER pro tempore. The Mr. SOUDER. Mr. Speaker, I am delighted for publication in the CONGRESSIONAL RECORD. Chair will remind all Members that it to rise in honor of our country's greatest presi- [From the Civil War Times, March 1998] is not in order in debate to refer to any dent whose birthday we celebrate today. A NEW LINCOLN MEMORIAL occupant in the gallery. We Republicans honor Lincoln as a founder (By Al Sandner) of our great political party and the first Repub- In Fort Wayne, Indiana, one man’s admira- f lican president. We are right to this. But this tion gave birth to the largest private collec- AUTHORIZING THE SPEAKER TO is not the source of Lincoln's greatness. tion of Lincoln-related materials in the APPOINT MEMBERS TO REP- Lincoln used the Republican party and the world. The two-year-old museum that houses RESENT THE HOUSE OF REP- presidency as vehicles to achieve three mag- the collection combines modern technology nificent things. He preserved this great union with 19th-century artifacts to create a RESENTATIVES AT CEREMONIES hands-on, in-depth examination of ‘‘Lincoln FOR OBSERVANCE OF GEORGE of ours. He ended slavery on this continent. and the American Experiment.’’ WASHINGTON’S BIRTHDAY He extended to the American entrepreneurial For generations the people of Fort Wayne, spirit to millions of people of all walks of life. Mr. SHIMKUS. Mr. Speaker, I ask Indiana, have cherished the legend that We have a word for that on a subcommittee Abraham Lincoln stopped here on the fateful unanimous consent that it shall be in I chair. We call it ``empowerment.'' trip that catapulted him into the race for order for the Speaker to appoint two Without a strong union, the United States the presidency. They’ve cherished it and Members of the House, one upon the would not have become the economic power hoped it was true, but couldn’t be sure. recommendation of the minority lead- Legend had it that Lincoln changed trains it is today. Because of Lincoln's work, this na- er, to represent the House of Rep- here on his way to deliver a speech at the tion produced the highest standard of living of resentatives at appropriate ceremonies Cooper Institute in New York, where his son, any in the history of the world. And because for the observance of George Washing- Robert, was a student. The speech made a the United States remained one nation, it was deep impression on the audience and caught ton’s birthday to be held on Monday, able to assemble the moral military might that the attention of Northeastern power brokers, February 23, 1998. liberated millions this century from three of the vaulting him into the elite company of men The SPEAKER pro tempore. Is there worst tyrannies in all of history: nazi Germany, regarded as potential presidential can- objection to the request of the gen- imperial Japan, and the Stalinist ``evil empire.'' didates. On his journey eastward, he was a tleman from Illinois? regionally known lawyer, soldier, surveyor, Throughout the world, the name ``Lincoln'' There was no objection. and politician. On the return trip his name connotes compassionÐand for good reason. was being whispered in the halls of power as f Slavery sickened him. ``If slavery is not wrong, a contender for the highest office in the land. DISPENSING WITH CALENDAR nothing is wrong'' he said. He worked to re- The Fort Wayne train switch—if it really WEDNESDAY BUSINESS ON strict its expansion before the civil war; used happened—was related closely enough to a WEDNESDAY, FEBRUARY 25, 1998 that military emergency to end it; and forced pivotal moment in American history to through the thirteenth amendment to the con- make any city proud. Mr. SHIMKUS. Mr. Speaker, I ask stitution to prevent its re-instatement. Recent research has laid the legend to rest unanimous consent that the business and replaced it with historical fact. ‘‘We As Commander in Chief, he made merciful have determined that on February 23, 1860, in order under the Calendar Wednesday use of his pardoning powers. He was particu- rule be dispensed with on Wednesday, Abraham Lincoln did change trains in Fort larly sympathetic to young offenders. ``Must I Wayne while on his way to the Cooper Insti- February 25, 1998. shoot a simple-minded soldier boy, who tute speech,’’ said Gerald Prokopowicz, Lin- The SPEAKER pro tempore. Is there deserts, while I must not touch a hair of a wily coln scholar and director of programs for the objection to the request of the gen- agitator who induces him to desert?'' he said, Lincoln Museum in Fort Wayne. tleman from Illinois? ``* * * to silence the agitator and save the boy In the years since 1860, working on faith There was no objection. and dedication alone, one local businessman is not only constitutional, but withal a great and Lincoln admirer created in this mid- f mercy.'' sized northeastern Indiana town (closer to AUTHORIZING THE SPEAKER, MA- There was one group of lawbreaker, how- Knute Rockne country than to what is usu- JORITY LEADER AND THE MI- ever, to whom he showed no mercy, slave ally thought of as the land of Lincoln) what NORITY LEADER TO ACCEPT traders. In one celebrated instance, he refused was to become the largest private collection of Lincoln materials in the world, housed in RESIGNATIONS AND MAKE AP- to commute to life in prison the sentence of person who had committed that hideous a $6 million, 30,000-square-foot museum that POINTMENTS AUTHORIZED BY is both a tribute to Lincoln and an inter- LAW OR THE HOUSE, NOTWITH- crime. Before Lincoln's presidency, that law had gone enforced. After it, there was no need active multimedia essay on his impact on STANDING ADJOURNMENT America as we know it. to have it at all. Fort Wayne, a 203-year-old city also known Mr. SHIMKUS. Mr. Speaker, I ask It was also during Lincoln's administration as the final resting place of Johnny unanimous consent that, notwithstand- that homestead legislation became federal pol- Appleseed, doesn’t really need an excuse for ing any adjournment of the House until icy and land grants to states for the establish- housing the Lincoln Museum. The institu- Tuesday, February 24, 1998, the Speak- ment of colleges became law. These meas- tion stands on its own merits, combining rel- er, majority leader and minority leader ures, along with the example of Lincoln's life ics and reconstructions, videos and period be authorized to accept resignations story, came to characterize the American en- documents, the deadly serious (for example, a slave’s manacle) and the whimsical (the and to make appointments authorized trepreneurial spirit. by law or by the House. tail end of a 1970s Lincoln Versailles with its As the ``empowerment subcommittee'' con- trademark wheel on the trunk lid and a col- The SPEAKER pro tempore. Is there tinues to explore ways to assist individuals lection of bands from ‘‘Lincoln’’ brand ci- objection to the request of the gen- and communities achieve their full potential, gars). tleman from Illinois? we will carry Lincoln's spirit with us. Lincoln The museum’s 11 exhibit galleries inge- There was no objection. was the personification of ``empowerment'' in niously incorporate hundreds of Lincoln-era f America. Here is how he described it: artifacts and art works—including the ink- ``The prudent penniless beginner in the well Lincoln used in signing the Emanci- SPECIAL ORDERS pation Proclamation, Lincoln family photos world labors for wages for a while, saves a and handwritten documents, the president’s The SPEAKER pro tempore. Under surplus with which to buy tools or land for him- legal wallet, and his pocket knife. Its re- the Speaker’s announced policy of Jan- self, then labors on his own account for an- search library, with 18,000 volumes and 5,000 uary 7, 1997, and under a previous order other while, and at length hires another new photographs, draws Lincoln scholars from of the House, the following Members beginner to help him.'' across the country. will be recognized for 5 minutes each. I urge all Americans to pause on this day Traveling exhibits have included one of the few surviving signed copies of the Emanci- f and all through the year to reflect upon the pation Proclamation (the Leland-Boker Edi- words and deeds of this extraordinary human tion, which was sold during the Civil War to THE 189TH ANNIVERSARY OF THE being. They do this by visiting the Lincoln Me- BIRTH OF ABRAHAM LINCOLN benefit war relief work) and one of 13 copies morial and Ford's Theater, here in Washing- of the resolution for the 13th Amendment, The SPEAKER pro tempore. Under a ton, and the Lincoln Museum in Fort Wayne, which banned slavery. More recently, an ex- previous order of the House, the gen- Indiana. The March issue of Civil War Times hibit called ‘‘White House Style’’ displayed 9 H486 CONGRESSIONAL RECORD — HOUSE February 12, 1998 original and 24 replica formal gowns worn by Lincoln and Douglas, and—thanks to clev- discharge from the army, original notes, and first ladies from Martha Washington and erly arranged mirrors—see yourself sitting other documents are used to illustrate how Mary Todd Lincoln to Nancy Reagan and at eye-level with these two great orators. he handled callers and their pleas. After Hillary Rodham Clinton. You may suffer by comparison, but it is a making all these decisions, you may have You enter under a painting of the U.S. Cap- fascinating experience. the leisure to sit back and notice how me- itol dome whose construction held such sym- Nearby is another interesting compari- ticulously Lincoln’s office has been re-cre- bolic importance in Lincoln’s mind that he son—the earliest known photographic por- ated—right down to the wallpaper and the insisted the work continue unabated traits of Lincoln, take in April and May of width of the carpet stripes. throughout the Civil War. Lincoln’s words— 1846, followed by photographs of him during Now things lighten up. Blinking lights out- prophetic at the time, cautionary and vir- the war years. He grew haggard under the line a movie theater marquee that an- tually mythic today—are written, painted, strain of his wartime presidency, but not as nounces today’s attraction: ‘‘Lincoln at the and engraved on walls and other surfaces. drained and devastated as you might expect. Movies.’’ On screen, television movie critic Lincoln’s words also ring in your ears as Next, the visitor is thrown into the caul- Gene Siskel teams up with Pulitzer Prize- you absorb the man and the times he shaped. dron of war. The events and battles of the winning author and historian David Herbert Throughout, the voices of narrator Ossie most critical years of U.S. history are de- Donald to critique movies that depict the Davis and Sam Waterston as Lincoln guide scribed in a time line that circles the walls life of Lincoln—using the format Siskel and the visitor through Lincoln’s life, and the fit of the ‘‘Civil War’’ gallery. A bank of six fellow Chicago critic Roger Ebert use on seems totally comfortable, perfectly natural. touch-screen computer monitors allows the their television series, At the Movies. They Davis is an actor, writer, producer, and di- visitor to read Lincoln’s mail, redecorate the discuss actors and interpretations over the rector. Waterston played Lincoln in a tele- White House as Mary Todd Lincoln did, take years—from Henry Fonda’s Young Mister vision miniseries and gave Lincoln a voice in a trivia quiz, or refight major Civil War bat- Lincoln to Waterston’s interpretation in the Ken Burns’s landmark Public Broadcasting tles. In the game ‘‘You Be the General,’’ television miniseries Gore Vidal’s Lincoln. Walter Houston, Raymond Massey, and Mary Service special on the Civil War. Union and Confederate positions are mapped Davis narrates the video that introduces out on the computer monitor, and you are Tyler Moore (as Mary Todd Lincoln in Gore the visitor to the permanent exhibit ‘‘Abra- allowed to make the moves: sort of a com- Vidal’s Lincoln) are also discussed from his- ham Lincoln and the American Experiment.’’ puter-generated chess game based on actual toric, theatrical, cinematic, and purely per- sonal points of view. The five-minute film sets the stage, tracing events. One player reported reversing history and winning the First Battle of Bull Run for The fun continues. In ‘‘Remembering Lin- the times and events that shaped the man coln’’ a trail of red lights crosses an oversize who soon shaped the times and events the North. Another refought Gettysburg, but was never quite sure what he was doing—or map of the United States from coast to around him. America in Lincoln’s day was coast. This, the ‘‘Lincoln Highway,’’ was whether he won or lost. (Fortunately for the the world’s only large-scale experiment in America’s first transcontinental thorough- Union, this would-be general was born a cen- democracy, and many doubted it could long fare. It serves as the backdrop for a collec- survive. As the film ends, Lincoln addresses tury too late.) ‘‘The Fiery Trial’’ is the name given to the tion of things named for Lincoln over the the press corps just after his election to the past 160 years—from an automobile to cities next mini-theater presentation. In a small, presidency: ‘‘Your troubles are over. Mine and towns, schools, manufacturing compa- comfortable auditorium, three seven-minute are just beginning.’’ nies, fruit growers, and a surprising number multimedia programs explore different fac- So begins your journey to explore the ten- of cigars. Sticking out of the wall below the ets of Lincoln and the Civil War. In ‘‘Lin- sions over slavery that threatened the exper- map, as though the brakes had failed while iment in democracy, the war that was ig- coln’s Soldiers,’’ the letters of Corporal someone was backing up, juts the tail end of nited by the tensions, Lincoln’s role in guid- George Squire of Fort Wayne are used to de- a Lincoln Versallies. ing the democratic nation through its great- scribe life in the Union army. ‘‘Lincoln: Across the aisle is ‘‘Dear Mr. Lincoln,’’ a est trial, and the way people have since re- Commander-in-Chief’’ explains the problems station where children are given pencil and membered Lincoln. the president had in finding a general to paper and encouraged to add to the exhibit Leaving the theater, you step into ‘‘Lin- bring victory to the North. And ‘‘Lincoln and by writing a letter or postcard to the 16th coln’s America,’’ divided like Caesar’s Gaul Emancipation’’ tells about his role in ending president. The good ones can become part of into three parts: ‘‘The Dynamic North,’’ slavery. Again, the voices of Davis and the exhibit. ‘‘I regret to inform you they are where a single state, New York, runs more Waterston create an aura of warmth and fa- still assassinating people,’’ one young person factories than the entire South; ‘‘The Ex- miliarity—in deadly contrast to the stereo reportedly wrote early on. Even parents join panding West’’; and ‘‘The Prosperous South.’’ booms and strobe flashes of cannon fire. Out- in. ‘‘My son was a reluctant reader until he Now, as then, the South seems to dominate, side the door of the theater are a cavalry of- read a story about you in the 2nd grade,’’ to attract more attention than its size and ficer’s sword, which you can draw partly our wrote one mother. ‘‘Thank you. I live in a economic power should warrant. of its scabbard; an infantryman’s heavy, better place because of you.’’ The focal point of the room is a full-scale, black leather backpack, which you can heft Wall-sized photographs of history as it was rough-hewn Mississippi River flatboat. You onto your shoulders; and—as a symbol of this made at the Lincoln Memorial in Washing- walk under the vast tiller, manned by a life- first modern war—a half-scale model of an ton, D.C., illustrate the theme of the next- size, six-foot-four-inch Lincoln mannequin early Gatling gun, precursor of the machine to-last gallery, ‘‘The Experiment Contin- standing on the deckhouse’s flat roof. A pass gun. The Gatling gun was introduced during ues.’’ It seems to show Lincoln’s moral be- under the boat’s keel places you in the the war but was rarely used. liefs still have an impact on American soci- South; cotton bales and barrels stand around Like Billy Pilgrim, visitor from another ety today. Here is Marion Anderson, barred the dock. Touch the rough wood, finger the time and another war in Kurt Vonnegut’s by the Daughters of the American Revolu- cold steel of a slave manacle. Read a list of anti-World War II novel Slaughterhouse tion from other Washington venues, perform- slaves for sale. Read Lincoln’s words: ‘‘If Five, it’s easy to get ‘‘unstuck in time’’ here. ing outdoors for hundreds of thousands of en- slavery isn’t wrong, nothing is wrong.’’ In the free-flowing layout, you could wander thralled Americans in 1939. Here is Martin Just as the debate over slavery led the na- into, say, ‘‘Ford’s Theater and Beyond’’ and Luther King, Jr., telling America ‘‘I have a tion to war, so are you led into the next gal- then into ‘‘A Lincoln Family Album.’’ The dream’’ in 1963. And there are Vietnam veter- leries. ‘‘Prairie Politician to President’’ and former displays a replica of the theater box ans opposed to the war struggling unsuccess- ‘‘Speaking Out.’’ In this general area is a re- the president occupied that ill-fated Good fully to seize the memorial in 1971. Now the museum visitor is truly drawn production of the sort of room where Lincoln Friday night while describing the conspiracy into the American Experiment—by voting on grew up, read, and worked out his sums. His that led to his death and transformed him four key questions: (1) Is the American Ex- copy of Parson Weems’s Life of Franklin is on from controversial politician to American periment a success? (2) Is it still alive today? legend. The latter displays Lincoln’s own display here. Somewhere in this area, you (3) Does it work for most Americans? (4) Are photographs of his children while an upright learn (if you didn’t already know) that Lin- you confident of its future success? coln was fascinated by technology and held piano plays recordings of Mary Lincoln’s fa- The tally? In the two years since the mu- the only patent ever granted to a president vorite songs, including ‘‘Skip-to-Mi-Lu.’’ seum opened, some 27,000 visitors have said of the United States—for a system he in- Children’s attractions in this area include ‘‘yes’’ to each question. However, the ‘‘no’’ vented to refloat boats. Artifacts here in- games, clothes for dress-up, and an inter- votes have varted notcieably Questions 1, 2, clude an invitation to the dance where he active Lincoln family portrait. and 4 have received about 19,000 ‘‘no’’ votes. met his future wife, Mary Todd. Stepping back just a bit in time, you can Meanwhile, number 3 has drawn about 16,000 The ‘‘Speaking Out’’ gallery reproduces revisit the fringes of the Civil War gallery, ‘‘no’’ votes—indicating a large number of the Chicago meeting hall where the Repub- sit at a desk much like Lincoln’s, and face absentions. licans nominated Lincoln for president. A some of the same problems he did during his The museum tour ends on a colorful note life-size statue of Lincoln stands at a podium regular public sessions (which he called his as the visitor passes through ‘‘A Lincoln on the bunting-draped stage, while a dra- ‘‘Public Opinion Bath’’). You sit in a chair Gallery,’’ which displays art inspired by Lin- matic re-creation of the Lincoln-Douglas de- looking into a faithful reproduction of Lin- coln. The art works are taken from the mu- bates play on a large video screen behind coln’s office, are presented with pleas the seum’s own extensive collection. him and his words fill the air. president heard during these sessions, decide In the lobby, opposite the 23-foot-long ‘‘A. It is here, too, that you can sit at an inge- how to handle the request, and then push a Lincoln’’ signature and his 12-foot-high por- niously arranged desk between like masks of button to learn what Lincoln did. Letters of trait is a well-stocked gift shop with books, February 12, 1998 CONGRESSIONAL RECORD — HOUSE H487 video tapes, CD–ROMs, games, statues, and dential elections in Lithuania. I wish (Mr. VISCLOSKY addressed the replicas of White House china. Under the sig- they would have. They should be proud House. His remarks will appear here- nature, on the lower level, is the library, of the fact that an American citizen after in the Extensions of Remarks.) with more than 200,000 newspaper and maga- was elected the new President. Valdas zine clippings regarding Lincoln; more than f Adamkus, from my home State of Illi- 5,000 original photographs (including those The SPEAKER pro tempore. Under a nois, is a shining example of the Demo- from Lincoln’s own family album); 200 docu- previous order of the House, the gen- cratic reforms which have come to this ments signed by Lincoln; 7,000 19th-century tleman from California (Mr. COX) is former Soviet state. His election testi- prints, engravings, newspapers, and music recognized for 5 minutes. sheets; 18,000 books; scores of period artifacts fies to the desire of the Lithuanian (Mr. COX addressed the House. His and Lincoln family belongings, and hundreds people to do away with ex-Communists remarks will appear hereafter in the of paintings and sculptures. Here, too, is the and to embrace western ideas. traveling exhibit area—most recently the President Adamkus and his family Extensions of Remarks.) site of the ‘‘White House Style’’ show. fled the country as the Communists f So how did this $6 million, 30,000-square- took over during World War II. After foot tribute to Lincoln and interactive COMMEMORATING 100 YEARS OF spending part of his teens in a Nazi multimedia essay on his impact on American PHILIPPINE INDEPENDENCE life come to be created in a mid-sized north- camp, President Adamkus emigrated to eastern Indian city? In 1905, Arthur Hall was the United States. Here he forged a The SPEAKER pro tempore. Under a forming an insurance company in Fort truly distinguished career as a regional previous order of the House, the gen- Wayne. A great admirer of Lincoln, he wrote administrator for the Environmental tleman from California (Mr. FILNER) is to Robert Todd Lincoln, the son whose at- Protection Agency. With the many recognized for 5 minutes. tendance at the Cooper Institute had pro- years spent in America, president Mr. FILNER. Mr. Speaker, I rise vided Abraham Lincoln with a platform for Adamkus will be able to bring fresh today to commemorate the centennial his watershed 1860 speech, for permission to of Philippine independence, and to rec- use his father’s name. Along with his ap- non-Soviet ideas to government. proval, Todd sent a photograph of his fa- Now is the time for the United States ognize some true heroes of World War ther—the same one that is the basis for the to recognize the struggle the Lithua- II, the Filipino World War II veterans. engraving on the $5 bill today. nians have endured for democracy and Filipino soldiers were drafted into The company grew into what is today one freedom. On January 16 President Clin- the Armed Forces by President Frank- of the nation’s largest financial services or- ton took the first step in realizing the lin D. Roosevelt and promised full ben- ganizations. The Lincoln National Corpora- importance of this region of the world. efits as American veterans. But those tion opened its first museum on Lincoln’s On that day he signed the U.S.-Baltic benefits were rescinded by the 79th birthday in 1928. The new museum, now Congress in 1946. The gentleman from owned by the nonprofit Lincoln National Charter. While the charter does not Foundation, opened October 1, 1995, in Lin- contain any security guarantees, it New York (Mr. BEN GILMAN) and I have coln National headquarters—less than a mile does prove to the Baltics the continu- now introduced a Filipino Veterans Eq- from the site of the railroad station where ing commitment of the United States uity Act, H.R. 836, which would restore Lincoln, we now know, changed trains on to their country. Additionally, the the benefits promised when these sol- February 23, 1860. charter commits the Baltic States to diers were drafted into service by the f democracy, rule of law, free markets President of the United States and The SPEAKER pro tempore. Under a and human rights. fought side by side with soldiers from previous order of the House, the gentle- However, what the charter should not the American mainland against a com- woman from California (Ms. SANCHEZ) do is close the door on the expansion of mon enemy. is recognized for 5 minutes. NATO to include the Baltic region. Re- Over 175 of our colleagues have co- (Ms. SANCHEZ addressed the House. cently, we have begun to hear that sponsored H.R. 836, in support of these Her remarks will appear hereafter in NATO does not need to be expanded. brave veterans. A most appropriate the Extensions of Remarks.) Some fear the expansion will dilute the way to commemorate the centennial f military alliance which is the essence year of Philippine independence is to of NATO. They would rather have the pass H.R. 836 and restore honor and eq- b 1515 European Union do much of the work uity to the Filipino veterans of World CELEBRATING LITHUANIA’S for the emerging democracies while War II. INDEPENDENCE DAY leaving NATO to deal with Russia. This As Congressman of the congressional The SPEAKER pro tempore (Mr. is very shortsighted. district which includes more Filipino PITTS). Under a previous order of the What we need to do is focus on the American residents than any other ex- House, the gentleman from Illinois region, providing guidance and support cept for Hawaii, I am very honored to (Mr. SHIMKUS) is recognized for 5 min- while these countries are developing. have been chosen as their Representa- utes. The United States should not pull back tive in Congress. I look forward to par- Mr. SHIMKUS. Mr. Speaker, I rise and leave these countries stranded in a ticipating in the 1998 celebrations com- today to pay tribute to the people of strategic uncertainty. Enlargement, memorating Independence Day and the Lithuania who will be celebrating their with the need to meet the rigorous spirit, resourcefulness, warmth and Independence day next Monday. With military and political standards will compassion of the people of the Phil- the passage of each year, Lithuania continue to promote calm in the re- ippines and of Filipino Americans. grows into a more stable, prosperous gion. We need to leave the door open June 12, 1898 is the day the Phil- and Democratic country. To ensure for expansion so that Lithuania, Latvia ippines gained its independence from this growth continues in Lithuania and and Estonia have a goal to strive to- Spain and June 12 is celebrated in the the rest of the Baltic States, the wards as they continue to develop. Philippines as Independence Day by United States must remain committed Mr. Speaker, again I would like to order of President Diosdado Macapagal. to supporting the region. congratulate the Lithuanian people on This year, in the Philippines and in Lithuania is rich in history and has another year of independence. After all the numerous Filipino-American com- proven its resilience. This country has their hard work and struggle, they are munities in the United States, lengthy continually been occupied by rogue re- beginning to reap the rewards. The celebrations are being prepared that gimes which exploited its resources and United States should wholeheartedly will occur throughout the entire year. people. However, the desire for democ- embrace Lithuania and the entire Bal- In my hometown of San Diego, a civic racy continued to grow within the tic region through the expansion of parade showcasing Filipino culture is Lithuanian people. After four decades NATO so these emerging democracies among the many events planned to of suppression, Lithuania finally can continue to prosper. commemorate this milestone. achieved freedom in 1990 and reestab- f Historians tell us that the Phil- lished the independent Lithuanian The SPEAKER pro tempore. Under a ippines was ‘‘discovered’’ in 1521 by state. previous order of the House, the gen- Portuguese sailor Ferdinand Magellan. I do not think that many Americans tleman from Indiana (Mr. VISCLOSKY) is In spite of a bloody battle between Fili- paid attention to the recent presi- recognized for 5 minutes. pino freedom fighters and the invaders, H488 CONGRESSIONAL RECORD — HOUSE February 12, 1998 in which Magellan was killed, Spain, retained and contributed its own piece lacks this honor, and I believe that as for whom Magellan worked, colonized to our Nation’s history, from being a we celebrate Black History Month, it is the Philippines and held power for Dutch and Scottish farming settlement appropriate to correct this emission. nearly 400 years. to a battle site for revolutionary war I would like to offer my appreciation In 1896, Filipinos mustered the cour- skirmishes; from supporting New Jer- to Mr. Charles Spain, a resident of age to bond together to overthrow the sey as a rural community to trans- Houston, which the gentlewoman and I Spanish colonialists. Filipino revolu- forming it into a suburban center. In come from. Mr. Spain brought this tionaries, led by General Emilio the wake of World War II, Marlboro has very important matter to my attention Aguinaldo, took to the streets of his made its mark. Now, 150 years later, and I am grateful for his diligence and hometown of Kawit, Cavite, about 15 the township will celebrate its anniver- assistance in helping my office to in- miles southwest of Manila and pro- sary with rich new traditions, includ- troduce this legislation to correct this claimed an end to Spanish rule. The ing a time capsule burial and ceremony error. open resistance of the imperial power to offer history to future generations, of Spain led to the Declaration of Inde- annual recreation events, concerts and Mr. Speaker, I urge my colleagues to pendence 2 years later on June 12, 1898, festivities, as well as having speakers support this measure. Let us continue and with it the birth of Asia’s first on Marlboro’s history and other events. to honor the legacy of Dr. King and independent nation. It is fitting that, while remembering continue to move forward with his But in real terms, just as Spain the past, they are looking to the future dream. slipped out, came the colonizing power by having children participate in the Mr. Speaker, I thank the gentle- of the United States. Spain ceded the celebration. A time capsule, as I men- woman for yielding me this time. Philippines to the U.S., blatantly ig- tioned earlier, will create a picture for noring the Filipinos’ own proclamation later generations of what the township Ms. JACKSON-LEE of Texas. Mr. of freedom. So, practically, the century was like in 1998. Speaker, I applaud the gentleman for of independence is somewhat of an illu- In the years to come, I sincerely hope his leadership on this issue, and I sion, for the Philippines was a terri- that Marlboro Township will continue would join the gentleman in cosponsor- tory and then a Commonwealth of the to build on the foundations of the past ing this legislation, which I think is an United States until July 4, 1946. How- to ensure a happy and prosperous fu- important correction for an honorable ever, Independence Day is celebrated ture for all its residents. I offer my gentleman, Dr. Martin Luther King. for good reason on June 12 because the congratulations and best wishes to I would like to as well, Mr. Speaker, victory in 1898 symbolizes to the Fili- Mayor Matthew Scanepiecco and the to raise several issues that really are pino people the triumph of political Township Council. It is my honor to in keeping with Black History Month, will and physical endurance by Filipi- have this municipality within the in recognition of many of our tried- nos against foreign control. Today, boundaries of my district and it is my and-true men and women who served in Filipinos are free and they have proven good fortune to be able to participate the Vietnam war. I am certainly a their quest for freedom in countless in its very special anniversary. product of that era and I could not find battles, most recently as part of the f a better time to take a moment to sa- American army in World War II. THE MEDICARE VENIPUNCTURE lute those who lost their lives and sac- Mr. Speaker, it is time we award FAIRNESS ACT OF 1997 rificed in order that we might be free. these brave heroes with the recognition Many people had many things to say they deserve. Let us pass the Filipino The SPEAKER pro tempore. Under a about the Vietnam war, but I have Veterans Equity Act this centennial previous order of the House, the gentle- nothing to say other than for those year. woman from Texas (Ms. SHEILA JACK- SON-LEE) is recognized for 5 minutes. who fought and those who lost limbs f Ms. JACKSON-LEE of Texas. Mr. and were injured and those who lost The SPEAKER pro tempore. Under a Speaker, before I begin, I yield to my lives and to their families and loved previous order of the House, the gen- friend and colleague, the gentleman ones, I salute you, I applaud you, I tleman from Washington (Mr. ADAM from Texas (Mr. BENTSEN). honor you. SMITH) is recognized for 5 minutes. SUPPORTING THE INCLUSION OF THE DR. MARTIN In my district I work extensively (Mr. ADAM SMITH addressed the LUTHER KING, JR. BIRTHDAY IN THE U.S. FLAG with homeless veterans, many of whom House. His remarks will appear here- CODE are from the Vietnam era. They are no after in the Extensions of Remarks.) Mr. BENTSEN. Mr. Speaker, I rise less diminished because of the tragedy f today to introduce legislation correct- of their life, because of some misstep ing an oversight that occurred in the that might have brought them to this RECOGNIZING THE 150TH ANNIVER- 98th Congress during the establishment SARY OF MARLBORO TOWNSHIP point, but they are certainly a part of of the Federal holiday celebrating the the honor of those who have served, The SPEAKER pro tempore. Under a birthday of our Nation’s greatest civil and my hat is off to them. previous order of the House, the gen- rights leader, Dr. Martin Luther King, I salute those veterans of the 18th tleman from New Jersey (Mr. PAPPAS) Jr. is recognized for 5 minutes. It is customary during the establish- Congressional District who served in Mr. PAPPAS. Mr. Speaker, it is my ment of official Federal holidays to Vietnam. I certainly am grateful for privilege to congratulate the citizens signify the importance of the date the ending of that war, and I salute all of Marlboro Township as they com- through recognition in the U.S. Flag of the veterans and all of the men and memorate the 105th anniversary of the Code. The U.S. Flag Code encourages women all over this country who incorporation of their community. This all Americans to remember the signifi- served in this Vietnam war. is a time of celebration and remem- cance of each Federal holiday through It is for this reason, Mr. Speaker, brance, a time to celebrate the growth the display of our Nation’s banner. The that I applaud the President today and achievements of Marlboro Town- Flag Code reminds people that on cer- highlighting for America the Patient’s ship, while remembering the efforts tain days every year, displaying the Bill of Rights. And I will be supporting and sacrifices of the good men and flag will show respect for the people that legislation, along with the women, past and present, who helped and events that have shaped our great Venipuncture Fairness Act of 1997. In make Marlboro Township what it is Nation. fact, many of my constituents, many today. I believe the American people should veterans, are in home care, and the Beginning as a small group of small be afforded the opportunity to pay home care agencies are now being pre- rural settlements in the 1600s, Marl- their respects to the memory of Dr. cluded from going to the homes of boro has grown to be a center of activ- King and all his achievements through homebound individuals and taking ity and a place to call home for a com- the display of our flag on the day we vital signs that are necessary for pre- munity of over 30,000 people. Through- honor him. Of the ten permanent Fed- scription drugs and other various medi- out this time of growth, Marlboro has eral holidays, only the King birthday cations and physical needs. This H.R. February 12, 1998 CONGRESSIONAL RECORD — HOUSE H489 2912 will correct an injustice by Medi- and fraud in the Medicare system. However, I what Congress intended. So it may be care to prevent coverage for the have been presented with absolutely no evi- time to encourage regulators to help venipuncture service that is needed. dence to support the contention that home bring down the barriers to competition and all markets, including rural com- b 1530 venipuncture services were a source of either waste or fraud. There are no estimates as to munities. At the same time, I want to So, Mr. Speaker, let me again thank either how much venipuncture services were invite companies interested in offering the veterans of the Vietnam War and costing the system before the Balanced Budg- local services at affordable rates to thank the families who gave through et Act, or how much this dangerous change come on down to eastern North Caro- their loved ones the ultimate sacrifice. will save the Medicare system. In fact, the re- lina and offer my constituents a Let us never forget. moval of coverage for home venipuncture may choice. We are waiting for them. And then as we proceed into this leg- in fact end up increasing overall health costs Mr. Speaker, another issue I just islative agenda year, let us not forget by forcing seniors and disabled citizens into want to raise is the issue indeed of the those who need the patient bill of nursing homes when they otherwise could Afro-American farmer. We are now rights who now live with us today in have stayed at home. talking about Afro-American History America. Let us assure them of good I have, therefore, not heard anything to con- Month, and this is the time not only to health care and the rights of physi- vince me that there was abuse of home cite progress and to cite renewed hope cians and patients to make the deci- venipuncture services, such that the change for the future, but also to cite some of sions about life and death, not about made by section 4615 was warranted. I have, the opportunities we have to make cor- rections. good health care. however, heard much to convince me that this And, as well, I ask my colleagues to The black farmers known in North change is endangering the health and well- Carolina and known throughout the support H.R. 2912 to correct the injus- being of senior citizens and disabled people tice of eliminating the venipuncture South have been suffering for many throughout this country. I have heard from reasons. But one of the reasons they visitation by home care agencies. Let people in my district who do not know how us support the Venipuncture Fairness have been suffering is not to have ac- they are going to provide their elderly rel- cess to capital, not to have opportuni- Act of 1997. atives' doctors with blood samples now that Mr. Speaker, I submit the following ties to the resources of USDA in an this policy change has been instituted. I have nondiscriminatory manner. This issue for the RECORD: heard from one family that, faced with the dis- Mr. Speaker, I rise this afternoon to urge has been highlighted recently because continuation of Medicare reimbursement for a number of farmers had really had this Congress to remedy a wrong we per- venipuncture, sought to have someone con- petrated upon America's home-bound seniors foreclosures on their homes and a num- tinue to come to their home to draw their el- ber of them have been in a struggle and disabled people when we passed one of derly mother's blood. However, they were un- with their government to make sure the Medicare provisions in the Balanced Budg- able to find any agency or organization that they treat them fairly for the last 20 or et Act of 1997. As of February 5, 1998Ðlast could provide this vital service, even it they 25 years. And yet, our government has ThursdayÐhome venipuncture services for in- scraped together the funds to pay for the serv- not found an opportunity not only to dividuals who do not receive any other skilled ice privately. address the agreed and admitted dis- home health services are no longer covered What am I to tell these families, who are crimination but not to make them by Medicare. H.R. 2912, the Medicare making personal sacrifices by caring for their whole, not to make sure that they get Venipuncture Fairness Act of 1997, would re- loved ones at home? How can I tell them that their land back, which was taken indis- instate Medicare coverage for this vital medi- we appreciate their devotion but that some- criminately and they should make sure cal service. body had a suspicion, not apparently sup- that the remedy they fashion and offer Venipuncture is simply the drawing of blood. ported by any statistics, that this was a good to black farmers are not empty ges- Thousands of home-bound individuals rely on service to discontinue so we did? I will not tell tures where there is no opportunity to this service to ensure that their doctors are them that, without also telling them that we make them whole where they can farm able to monitor their medication levels, particu- are trying to remedy this terrible error. again and have a quality of life, which larly with the most complicated drugs such as I urge this Congress to support those Ameri- indeed all Americans want. heart medications, blood thinners, and insulin. cans who need our help the most, our home- So I want to urge my colleagues, as Section 4615 of the Balanced Budget Act re- bound senior and disabled citizens, by sup- they reflect with me on Black History moved venipuncture from the list of prescribed porting H.R. 2912, the Medicare Venipuncture Month, they also reflect on the small services that qualify a Medicare beneficiary for Fairness Act of 1997. We must, as represent- black farmer, which has been an inti- other home health services. Therefore, unless atives of the American people, be willing to mate part of our struggle and our de- a patient has been prescribed another skilled admit when we have made a mistake and velopment in feeding our country. service, he or she will no longer be reim- remedy it as soon as we possibly can. They simply want to farm. They sim- bursed for the cost of having blood drawn at f ply want to have the opportunity as home. any other farmer to have the resources, There are several problems with this new SECOND ANNIVERSARY OF have the technical assistance, to have approach. The reason most of these patients TELECOMMUNICATIONS ACT the programs offered to other farmers require their blood to be drawn at home is that The SPEAKER pro tempore (Mr. offered to them. they are unable to travel to their doctors' of- PITTS). Under a previous order of the There may come a time when this fices, either because they are located in a House, the gentlewoman from North Congress has to step in and make those rural area, or because their health is such that Carolina (Mrs. CLAYTON) is recognized corrections to make sure our country leaving home is not feasible or safe. For those for 5 minutes. lives up to the code and make sure that patients that are able to leave home, public Mrs. CLAYTON. Mr. Speaker, it has all farmers, all Americans, have the transportation is often unavailable, and ambu- been 2 years since we passed the Tele- same equal right access to capital, ac- lance services to and from the doctor's office communications Act of 1996. When we cess to American programs, and to may cost up to $250 a trip. For those patients passed that act, we were all very en- make sure that our country honors, who cannot leave home, their only option may couraged that our communities would honors, their commitment, when they be placement in a nursing home. We are all enjoy local telephone service that had make a commitment they will not dis- acutely and unfortunately aware of the exorbi- not been available in the past at a com- criminate, and if they are found to be tant cost of those facilities. petitive rate. Those of us from rural discriminatory, there will be a remedy In addition, this policy change may in fact communities were particularly hopeful that will be a remedy fashioned accord- be unnecessarily increasing the amount spent about the prospect of such service. ing to the damage done to them. on skilled home health services. Essentially, Unfortunately, I have yet to see one Mr. Speaker, I urge my colleagues to we are forcing doctors to prescribe additional, of those companies that lobbied us in consider that as they reflect. costly services in order to ensure that their pa- any of the counties I represent in rural f tients' medication levels are appropriately ad- North Carolina. Instead, they have set The SPEAKER pro tempore. Under a justed and safe. up shops in Charlotte and in the Re- previous order of the House, the gen- I voted for the Balanced Budget Act of search Triangle serving big business tleman from North Carolina (Mr. 1997. I believe it is important to combat waste and large corporations. That is not JONES) is recognized for 5 minutes. H490 CONGRESSIONAL RECORD — HOUSE February 12, 1998 (Mr. JONES addressed the House. His was, danced a few of their polkas, got harm the people of Iraq; the United remarks will appear hereafter in the to know these people and their deep de- States wishes that we could reach an Extensions of Remarks.) sire to finally once again see the birth agreement which would allow the sanc- f of freedom in Lithuania. And lo and be- tions to be limited, the people to have The SPEAKER pro tempore. Under a hold, perestroika finally came and ulti- prosperity, and Iraq to live in peace previous order of the House, the gen- mately, in February of 1991, I recall with its neighbors. tleman from Kansas (Mr. TIAHRT) is there was a declaration of independ- But the current dictator, Saddam recognized for 5 minutes. ence by the Lithuanian people. And at Hussein, has a track record unlike any Mr. TIARHT addressed the House. that particular February gathering, in other leader in the world. He has used His remarks will appear hereafter in regard to Lithuanian Independence chemical weapons against his neigh- the Extensions of Remarks.) Day, we had an awful lot of people in bors. He has used chemical weapons f my district who shed in tears of joy be- against his own people. He shot his own cause freedom had finally come to SALUTE TO LITHUANIAN son-in-law when he returned from de- their native land. There have been ups AMERICANS fecting. He is clearly a brutal and dan- and downs since then. And truly a re- gerous dictator who, despite having The SPEAKER pro tempore. Under a markable thing has occurred, when an lost a war against the coalition, de- previous order of the House, the gen- American who has dual citizenship, as spite having subjected his own people tleman from Illinois (Mr. Fawell) is I have indicated, has been elected the to 7 years of economic sanctions, de- recognized for 5 minutes. President of Lithuania. spite the United Nations inspectors in Mr. FAWELL. Mr. Speaker, I simply So my very, very best regards to Val this country, despite the world media want to take this occasion, along with Adamkus and his wife Alma and to the watching him, despite pressure dip- my colleague from Illinois (Mr. Lithuanian people in my district. They lomatically from virtually every coun- SHIMKUS), to extend my best wishes to have a great heritage. And we look for- try in the world, has persisted in trying Lithuanian Americans all across this ward to a rebirth of freedom and all the to build and retain chemical and bac- land. And most especially, I would ex- knowledge of the American democratic teriological weapons of mass destruc- tend those warm regards to the Lithua- ways which Val Adamkus has, being tion. These are particularly frightening nian Americans who are in the 13th brought to the Presidency of Lithua- because they are potentially usable by Congressional District back in Illinois, nia. terrorists and have for their size and a district that I have had the honor of f weight a remarkable capacity to kill representing here in Congress for 13, The SPEAKER pro tempore. Under a human beings. going on 14 years. I would also espe- previous order of the House, the gen- A future terrorist act in which bac- cially like to mention the fact that a tleman from Washington (Mr. teriological or chemical weapons could constituent of mine by the name of METCALF) is recognized for 5 minutes. be used as in the World Trade Center, Valdas Adamkus, Val Adamkus as we (Mr. METCALF addressed the House. in a subway, or any other site where have known him, from Hinsdale, Illi- His remarks will appear hereafter in there are a lot of people could produce nois, and, believe it or not, has been the Extensions of Remarks.) a horrifying casualty rate. The United elected the President of Lithuania. f Val Adamkus is quite a tremendous States has made it clear that we will person. He came from Lithuania. He is RECESS not accept biological and chemical weapons of mass destruction in the still a Lithuanian citizen, obviously The SPEAKER pro tempore. Pursu- holding dual citizenship between this hands of someone with a proven record ant to clause 12 of rule I, the Chair de- of using them. country and also in Lithuania. He was clares the House in recess until ap- We are working with the United Na- a part of the fighting force that re- proximately 5 p.m. today. sisted the Soviet invasion. Accordingly (at 3 o’clock and 40 min- tions. We are working with our allies. Actually, before the Nazis came in utes p.m.), the House stood in recess It is our hope that our allies will help World War II, the Soviet Union had until approximately 5 p.m. us bring Saddam Hussein to recognize that he should not proceed, that he taken over and taken away the liberty f of the Lithuanian people which they should allow unlimited United Nations b had gained in 1920. But after the Soviet 1705 inspections so the world can rest as- Union came in after World War II, Val AFTER RECESS sured that he is not building biological and chemical weapons. Adamkus came to this country, got a The recess having expired, the House degree at the Illinois Institute of Tech- was called to order by the Speaker pro If he refuses, at some point, the President has made clear the United nology in Chicago, went on to quite an tempore (Mr. PITTS) at 5 o’clock and 5 able career. And just recently, after re- minutes p.m. States will use whatever level of force is necessary in order to eliminate the tiring from a distinguished career with f the Federal EPA, at the age of 71, he sites that we believe currently are decided that he might want to go into SUPPORTING THE PRESIDENT ON being used to build biological and politics and traveled back to his home- IRAQI POLICY chemical weapons. If after that there is land in Lithuania, gradually became The SPEAKER pro tempore. Under a still a problem, I think the United involved in politics, and now will be previous order of the House, the gen- States will have to continue to explore sworn in as President of Lithuania on tleman from Georgia (Mr. GINGRICH) is the options of making sure that Sad- February 26. recognized for 5 minutes. dam Hussein, under no circumstance, is But over the years of my tenure in Mr. GINGRICH. Mr. Speaker, I rise able to build and distribute biological Congress, I have often attended Lithua- and I note the presence of my col- and chemical weapons. nian Independence Days at the World league, the distinguished minority But no one in Iraq should be con- Lithuanian Center in Lemont, Illinois. leader, who also will speak this after- fused. Just as we were in 1991, the I have learned to have a deep and abid- noon, because both of us I think want United States is committed. The ing respect for the Lithuanian Ameri- to make the point that the leadership United States will, in fact, follow cans and their deep, deep desire, espe- of this Congress is very committed to through on its commitments. I urge cially when I first was in Congress, for supporting the President of the United Saddam Hussein to save the people of freedom and democracy to come back States and in supporting, frankly, all Iraq from violence. I urge him to take to Lithuania. I felt then that it was of the people around the planet who are a step towards ultimately some day perhaps decades away. concerned about Saddam Hussein and lifting the sanctions. I urge him to And every year I was invited to the the danger of bacteriological and comply with United Nations resolu- Lithuanian World Center, where I came chemical weapons of terror. tions. And I want him to know that, on to have so many dear friends in the The fact is that the United States behalf of the overwhelming majority of Lithuanian community. As a result I has no argument with the people of Republicans who are deeply committed grew to recognize what their culture Iraq. The United States has no wish to to a safer world for our children and February 12, 1998 CONGRESSIONAL RECORD — HOUSE H491 grandchildren, that we are resolutely resentatives in Congress, to speak on the President to go and bomb another determined not to allow Iraq, under this serious matter. The President nation. There was a time in our history this leader, to have biological and should have the support of the Con- when bombing another country, when chemical weapons, and we support the gress and the public when sending our that country had not attacked us, was President in taking steps to defend the servicemen and women into harm’s an act of war. But today we do this United States and that our prayers and way. rather casually. our support in the strongest way will I am very concerned that we have not Morally, the only justifiable war is a be with our young men and women in acted on a resolution of support al- war of defense, a war when our na- the Middle East if they should have to ready. Two weeks ago, on the eve of tional security is threatened. A legal undertake missions in order to save the the President’s State of the Union ad- war in this country is one that is de- world from chemical and biological dress, Speaker GINGRICH and Majority clared by the Congress acting for the weapons. Leader LOTT both pledged their support people. f of the President’s policy, as the Speak- We have not declared a war. If we had er so eloquently said again today. Two CALLING FOR THE RESOLUTION a declared war even once since World weeks later, we are still not having ac- SUPPORTING THE PRESIDENT ON War II, possibly we would have fought tion in the Congress on a resolution. IRAQI POLICY for victory. Instead, we get involved I urged the Speaker yesterday to too carelessly and we do not fight to The SPEAKER pro tempore. Under a bring before the House prior to the previous order of the House, the gen- victory, and maybe that is why we are President’s Day recess a resolution standing here today debating the con- tleman from Missouri (Mr. GEPHARDT) supporting all necessary and appro- sequence of the Persian Gulf war be- is recognized for 5 minutes. priate actions to respond to the threat Mr. GEPHARDT. I thank the Speak- cause we really did not achieve victory posed by Iraq’s weapons of mass de- and the war continues. er. I thank the Speaker for his state- struction program. ment. And I certainly agree that the It is now clear that because of time It is argued that the legislation President’s policy should be supported we will not have such a resolution be- passed in 1990 gives legitimacy for the by the Congress of the United States fore the recess. I, therefore, respect- President to pursue this adventure, but and the people of the United States to fully call on the Republican leadership this really contradicts everything in- bring an end to this activity by Sad- to bring up bipartisan legislation for tended by the founders of this country dam Hussein. consideration by the House as soon as that we could literally pass legislation Seven years ago, Congress authorized possible after the recess. It is our re- which was not a declaration of war and the President to use military force to sponsibility and duty to ensure that to allow it to exist in perpetuity. And repel the aggression of Saddam Hussein Members have an opportunity to ex- here it is 7 or 8 years later, and we are against Kuwait. Seven years ago, U.S. press support for our men and women going to use legislation passed by Con- forces, with the full support of the in uniform prior to military action in gress. Very few of us were even in that American people, freed the people of the Persian Gulf. Congress at that time that are in the Kuwait from Iraqi domination. Seven One hundred and eighty years ago, current Congress, but they want to use years ago, the international commu- Thomas Jefferson said, and I quote, that. nity began an inspection and monitor- that ‘‘in a free government, there Also a contradiction to our estab- ing regime to assure that Saddam Hus- should be differences of opinion as to lished form of government is the fact sein could no longer pose a threat to public measures and the conduct of that that legislation was passed more the Gulf region and the world commu- those who direct them is to be ex- or less to rubber-stamp a U.N. resolu- nity. pected. It is much, however,’’ he said, tion. So I think those are terms that Despite these efforts, Saddam Hus- ‘‘to be lamented that these differences are not justifiable under our system of sein has defied the clear requirements should be indulged at a crisis which law, and I call my colleagues’ attention set forth by the United Nations. His re- calls for the undivided councils and en- to this because this is very serious. peated refusal to allow full inspection ergies of our country and in a form cal- I do not care more about military and compliance by the United Nations culated to encourage our enemies.’’ than those who would bomb; they have inspectors have prevented the readmit- I urge this House to take up this res- just as much concern as I have. But I tance of Iraq into the community of olution as soon as we come back. I be- am concerned about the rule of law, peaceful nations. Both the Iraqi people lieve it is the right thing to do for our and obviously, I am concerned about and the entire Gulf region remain im- country, for our people and, most im- consequences that are unforeseen, and periled by Saddam Hussein’s deadly portantly, for the young men and there could be many. policies. women which we may have in harm’s I am worried that we do not have al- Over the past several months, the way in the days ahead. Iraqi government has increased its de- lied support, and everybody recognizes f fiance of the world community. At the that now. There are very few neighbors same time, it continues to pursue URGING CAUTION ON ACTION of Saddam Hussein who are very anx- unabated development of weapons of TAKEN IN IRAQ ious for us to do this. So that should cause some reservation. mass destruction and concealment of The SPEAKER pro tempore. Under a Also the military strategy here is those efforts. After months of discus- previous order of the House, the gen- questionable. It is actually what are we sions with the Iraqi government by tleman from Texas (Mr. PAUL) is recog- going to try to achieve? Are we going both international organizations and nized for 5 minutes. to try to literally destroy all the weap- individual governments, diplomatic ef- Mr. PAUL. Mr. Speaker, obviously, I ons, or are we going to try to destroy forts to resolve this matter appear to am not in the leadership; I do not him? Are we just going to bomb people have had little, if any, impact on the speak for the leadership. But I do hope where maybe innocent people will be regime’s behavior. It is therefore rea- that I speak for a lot of people in killed? The long-term military strat- sonable to consider the use of military America and other Members of Con- egy has not been spelled out, and I force to ensure that Iraq can no longer gress who may feel differently. I equal- have a concern for that. threaten its neighbors or United States ly condemn the horrors going on in the interests in the region. country of Iraq. I have no desire at all Also we are not doing real well on If we cannot assure this through dip- to defend Hussein. I rise, though, to the P.R. front because just today on lomatic means, we must be prepared to just urge some caution on what we do. the Reuters wire line there was a re- ensure this by the other means at our port that came out of a television pro- b disposal, including the use of military 1715 gram in Britain, which is rather fright- force. As this administration con- I have a problem with the procedure, ening. Although I have criticized our templates the use of military force, I which we are pursuing, that we are policy of the 1980s, because during the believe that it is necessary for the condoning, encouraging and literally 1980s we were obviously allies of Sad- American people, through their Rep- paying for a program which permits dam Hussein, but the reports on British H492 CONGRESSIONAL RECORD — HOUSE February 12, 1998 television now say that both the Amer- that war is reversed, America will lose much as this Congressman can do to ican Government, both the U.S. Gov- its ability to determine events around make sure that we are doing the right ernment and the British Government the world, and Americans, when we thing, only this time I would hope the participated and they have the docu- lose this power as the leading power of President of the United States, unlike ments, U.S. documents, that document, the world, we will pay a dear price. George Bush, does the job right and that say that we did participate in But I hope, if military action does completes the job before bringing our sales of biological weapons to Saddam take place, that we do not make the troops home. And I would hope that Hussein, which points out an inconsist- mistake that we made last time. Hun- hundreds of thousands of troops do not ency. And I guess all governments have dreds of thousands of people, or up- need to be sent there, but instead, this the right to change their minds, but I wards to 200,000 Kuwaitis were killed could be handled in a better way than still think that should caution us in during the last war. Saddam Hussein that perhaps. what we do. managed to escape. And I remember The SPEAKER pro tempore (Mr. Nothing is going to happen to the during the planning phases of the last PITTS). The time of the gentleman world. Saddam Hussein has not threat- war I said to Dick Cheney and Colin from California (Mr. ROHRABACHER) has ened his neighbors since the Persian Powell personally that they would expired. Gulf war, and surely before we get back have my support because American Mr. ROHRABACHER. Mr. Speaker, I in 10 days this is unnecessary. troops were in harm’s way, and I would would ask unanimous consent for 2 The other side of the aisle suggests support them in that effort to protect more minutes. that we have a full debate and a resolu- the lives of Americans and to make The SPEAKER pro tempore. The tion in 10 days after we come back. sure it was a successful mission. But as Chair cannot entertain an extension of That certainly makes a lot of sense to I told them at that time, when this is time during a 5-minute special order me. I think at this point to condone over, make sure Saddam Hussein is period. and endorse and encourage the Presi- dead. Mr. ROHRABACHER. Appealing the dent to do something at this late hour And I hope that if have to take fur- ruling of the Chair, Mr. Speaker, the when there is essentially no one here in ther military actions against the peo- Chair on many occasions has extended the Chamber, I do not think this is a ple of Iraq that we do not waste our unanimous consent for an extension of good way to casually step into some- weaponry on ordinary citizens, on peo- 2 minutes. thing that could be rather dangerous. ple who probably like the United The SPEAKER pro tempore. It is a The resolutions that have been talked States of America; and I hope that our question of recognition. A 5-minute about ironically are quite similar to goal is not simply containing Saddam special order may not be extended. the resolution passed in the 1960s that Hussein or punishing him. Our goal Mr. ROHRABACHER. Yes, that is got us further involved in Vietnam. should be the overthrow and elimi- correct. But last night I was given a 5- So, in all sincerity, I come here ask- nation, one way or the other, of Sad- minute unanimous-consent request. ing all Members to be cautious and for dam Hussein. f the President not to move too hastily. First and foremost, if we are willing POWERS WHICH BELONG TO f to commit our military to that part of the world, we should at least be able to CONGRESS ACHIEVING OUR GOAL IN IRAQ declare this man a war criminal. After The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a all, he was an environmental criminal, previous order of the House, the gen- previous order of the House, the gen- an eco-criminal, for what he did to the tleman from California (Mr. HORN) is tleman from California (Mr. ROHR- environment, the destruction of the oil recognized for 5 minutes. ABACHER) is recognized for 5 minutes. wells and the seas and the other pollu- Mr. HORN. I would just like to say, Mr. ROHRABACHER. Mr. Speaker, tion that he caused back then, not to Mr. Speaker, I listened with great care we are being warned of possible mili- mention the hundreds of thousands of to the remarks of my colleague from tary action against the Government of lives that he caused to die, the people Texas. [Mr. PAUL] I think he raises le- Iraq, and I remember well the last he caused to die because of his aggres- gitimate questions, and I recall back to time, or should I say the first time, be- sion. And if he commits other acts of my first years in the Congress in 1993– cause there have probably been some aggression and does not go along with 1994 when we had numerous meetings other military actions against Iraq in the agreement, we should make sure with the then-Chairman of the Joint the meantime, but back in 1990 when that we declare him a war criminal and Chiefs of Staff, General Colin Powell. Saddam Hussein invaded Kuwait, and that the goal of our action is not pun- He was always a very honest, gutsy so began our special relationship with ishing the Iraqi people, but working Chairman. He put to us the tough ques- the people of Kuwait, let us note that with the Iraqi people in order to help tions such as: When do we know we after hundreds of thousands of Ameri- them establish a government that is have won? What do we have to do if we cans have spent time in the Persian responsive to their will. engage our forces? When do we know Gulf and after our Nation has put its Who knows if it would be an absolute we will get out of the mire? There were entire prestige on the line that we can- democracy or not, but if the people of a number of us on this floor who fought not permit Saddam Hussein now to re- Iraq who live under the oppression of the use of troops in Bosnia. verse what we won back in 1990 and Saddam Hussein had the ability to di- We have been very lucky in Bosnia, 1991. rect their own government, there but when we were told that it would be If we do that, if we permit Saddam would be no problem because they only one year, we all knew that was Hussein to, for example, conduct a suc- would not risk the lives of hundreds of utter nonsense; we could be there for 15 cessful lightening strike against Ku- thousands of their family in order to years for that matter. wait, against the people of Kuwait, or make a point of the way a dictator, the What the gentleman from Texas if we permit Saddam Hussein to bla- way a brutal egotistical dictator like stressed is that perhaps it is time for tantly stockpile weapons of mass de- Saddam Hussein does. this House to follow the Constitution struction, the United States will lose As I say, we are tied to the people of of the United States and not act be- any ability to influence events any- Kuwait because the people of Kuwait cause a United Nations resolution is where in the world. No petty tyrant or now, having saved them once, if we per- standing and we will defer to that. no people seeking freedom or no oppo- mit them again to be taken over by We should never defer to anybody nent or adversary or friend will trust this tyrant, not only will be lose those when it comes to a war where Amer- our word again, because even Saddam people, but we will lose our ability to ican lives might be spent. What we Hussein has made a laughing stock of maintain peace throughout the world, should do is follow the constitutional the United States of America. a dreadful price that we cannot afford procedures. The President should con- So, first and foremost, let us recog- to pay. sult extensively with this Chamber, nize there is a special relationship with So I wish the President of the United and I realize that Presidents some- the people of Kuwait that for the rest States guidance from God and support times do not have the time to do it, but of our lives we will have, because if from the United States Congress, as we should have the series of meetings February 12, 1998 CONGRESSIONAL RECORD — HOUSE H493 we had when the Croatians, the Ser- Mr. PAUL. Mr. Speaker, will the gen- Mr. ROHRABACHER. Mr. Speaker, if bians and the Bosnians were fighting tleman yield? the gentleman will yield, I am cer- what some called a civil war, and we Mr. HORN. I yield to the gentleman tainly not here to oppose any particu- did not at that time get ourselves in- from Texas. lar plan of legislation; I am here spe- volved in that matter. Mr. PAUL. Mr. Speaker, I thank the cifically to make sure that people un- Some might say that we were wrong gentleman for yielding. I would like to derstand that this is a serious issue and and we were too late and we should make two points. The other gentleman that it cannot be negated simply by a have acted earlier. What we should from California makes a good point misreading of history that Saddam was have done, I think most of us would about the character of Saddam Hus- our friend back in the 1980s or some agree, is to permit the arming of the sein, but my colleagues have to remem- other type of wishful thinking about Bosnians so they could defend them- ber and have to realize that he was a the nature of the strategic politics in selves from the Croatians and pri- close ally that we encouraged for 8 the world that we have to play. marily the Serbians. years during the 1980s, so we helped Mr. HORN. Mr. Speaker, reclaiming Now we do not have that situation build him up, which contradicts this my time, I would just say to the gen- where there is a democratic opposition whole policy. I would like to see a more tleman from California (Mr. ROHR- to Saddam that is knowable. He is a consistent policy. ABACHER), I am certainly not saying brutal murderer, he would kill all op- Then the gentleman brings up the that Saddam was our friend, but I ponents, he kills his generals on a reg- subject: Yes, he may be in the business think our administration was naive in ular basis. And we know what he did to of developing weapons, but he has got- its support of Iraq against Iran, and the Shiites, and that was partly our ten help from China and Russia, and that is what concerns me. The balance fault when we did not reverse a stupid possibly from Britain and the United of power system, while academics can order which permitted him to use heli- States, and 20 other nations are doing write about it, and the British did that copters, and we know he killed the the same thing. So if we are interested for 500 years, is frankly not the way in Kurds in northern Iraq. in stopping these weapons, we better modern times that we should conduct So we do have people in Iraq that attack 20 countries. So we have a job ourselves. have suffered under his brutal regime. on our hands. f But more of us should be involved in Mr. ROHRABACHER. Mr. Speaker, this decision than just a few. And that will the gentleman yield? LEAVE OF ABSENCE is the way the Constitution is written, Mr. HORN. I yield to the gentleman By unanimous consent, leave of ab- and we ought to follow the Constitu- from California. sence was granted to: tion. Mr. ROHRABACHER. Mr. Speaker, Mr. JOHNSON of Wisconsin (at the re- I yield to the gentleman from Cali- first of all, I do not know where the quest Mr. GEPHARDT) for today, Thurs- fornia (Mr. ROHRABACHER). gentleman got his information that day, February 12, 1998, on account of Mr. ROHRABACHER. We, of course, Saddam Hussein was an ally; a close illness in the family. worked together in opposing the Amer- ally, the gentleman says, of the United Mr. RIGGS (at the request of Mr. ican military commitment in Bosnia. States. I am sorry that I was in the ARMEY) for today, Thursday, February But you do believe that America can- White House at the time. Saddam Hus- 12, 1998, on account of viewing flooded not just stand aside and let Saddam sein was never a close ally. He was not disaster areas in California. Hussein develop stockpiles of weapons, an enemy, but to label him a close ally f is not only misreading history, it is na- and we need to act in some way be- SPECIAL ORDERS GRANTED cause it might then precipitate some ivete beyond anything. type of military action that he might We supplied some support for the By unanimous consent, permission to take on Kuwait. Iraqis and sometimes we gave support address the House, following the legis- Mr. HORN. Let me just say, for my for the Iranians during that war be- lative program and any special orders own answer, I think that our problem cause during that time there was a heretofore entered, was granted to: (The following Members (at the re- here is that we have given too many strategy of keeping that war going in quest of Mr. SKELTON) to revise and ex- Presidents powers that belong to Con- order to prevent those two powers from tend their remarks and include extra- gress. themselves individually dominating neous material:) b the region. Having them attack each 1730 other was a good strategy at that time, Ms. SANCHEZ for 5 minutes today. I was on the floor as a young Senate but far from being an Iraqi ally. Mr. VISCLOSKY for 5 minutes today. assistant when the Tonkin Gulf Reso- Saddam Hussein is obviously some- Mr. FILNER for 5 minutes today. Mr. BENTSEN for 5 minutes today. lution came in. Only two United States one that right now, after we have al- Ms. JACKSON-LEE of Texas for 5 min- Senators had the guts to stand up and ready gone through this, our futures utes today. oppose it, Mr. Gruening of Alaska, and are linked. If Saddam Hussein ends up Mrs. CLAYTON for 5 minutes today. I believe Mr. Morse of Oregon, and now negating the results of the last war, Ms. MILLENDER-MCDONALD for 60 we know that they were right. The who will then listen to us anywhere in minutes today. Tonkin Gulf Resolution was a lot of ba- the world? I pose that question to both (The following Members (at the re- loney. This situation is not baloney. of my colleagues. If he is able to have quest of Mr. SHIMKUS) to revise and ex- The gentleman from California (Mr. a lightning strike against Kuwait or tend their remarks and include extra- ROHRABACHER) correctly notes that it stockpile these nuclear weapons, who neous material:) is a very serious situation, and we need will believe the United States again Mr. TIAHRT for 5 minutes today. to deal with these things, either on a after we have made this commitment? Mr. FAWELL for 5 minutes today. collective security basis with the Mr. PAUL. Mr. Speaker, will the gen- Mr. METCALF for 5 minutes today. United Nations forces, but we should tleman yield? (The following Member (at his own not be the sole police force that has to Mr. HORN. I yield to the gentleman request) to revise and extend his re- remedy all problems in the world. That from Texas. marks and include extraneous mate- is what bothers me. If we are going to Mr. PAUL. Mr. Speaker, the question rial:) do it, let the members of the executive is not so much, let us say, that we Mr. PAPPAS, for 5 minutes, today. branch come up here, discuss this seri- could concede some of the gentleman’s (The following Member (at his own ous matter with a lot of us, and see argument, but why do you have such request) to revise and extend his re- where we are on the subject. hostility to the Constitution and to the marks and include extraneous mate- Now, President Bush did that in process as what we are talking about? rial:) terms of the Gulf War. There was a de- Why do we not have a declaration of Mr. GINGRICH for 5 minutes today. bate, probably one of the better de- war and win it? Why should we go with (The following Member (at his own bates conducted in the House in the a U.N. resolution and legislation that request) to revise and extend his re- last twenty years, and then a vote was is 8 years old? That is one of our great- marks and include extraneous mate- cast. est concerns. rial:) H494 CONGRESSIONAL RECORD — HOUSE February 12, 1998

Mr. GEPHARDT for 5 minutes today. The SPEAKER pro tempore (Mr. 5963–9] received February 10, 1998, pursuant (The following Member (at his own PITTS). Pursuant to the provisions of to 5 U.S.C. 801(a)(1)(A); to the Committee on request) to revise and extend his re- House Concurrent Resolution 201, 105th Commerce. 7244. A letter from the Director, Office of marks and include extraneous mate- Congress, the House stands adjourned Regulatory Management and Information, rial:) until 12:30 p.m. on Tuesday, February Environmental Protection Agency, transmit- Mr. PAUL for 5 minutes today. 24, 1998. ting the Agency’s final rule—Technical The following Member (at his own re- Thereupon (at 5 o’clock and 35 min- Amendments to Approval and Promulgation quest) to revise and extend his remarks utes p.m.), pursuant to House Concur- of State Implementation Plans for Louisi- and include extraneous material: rent Resolution 201, the House ad- ana: Motor Vehicle Inspection and Mainte- nance Program; Correction of Effective Date Mr. ROHRABACHER for 5 minutes journed until Tuesday, February 24, [FRL–5964–1] received February 10, 1998, pur- today. 1998, at 12:30 p.m. for morning hour de- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- The following Member (at his own re- bates. tee on Commerce. quest) to revise and extend his remarks f 7245. A letter from the Director, Office of and include extraneous material: Regulatory Management and Information, EXECUTIVE COMMUNICATIONS, Mr. HORN, for 5 minutes, today. Environmental Protection Agency, transmit- ETC. f ting the Agency’s final rule—Clean Air Act Under clause 2 of rule XXIV, execu- Reclassification; Arizona-Phoenix Non- EXTENSION OF REMARKS tive communications were taken from attainment Area; Ozone [AZ–001–BU; FRL– 5917–4] received February 10, 1998, pursuant By unanimous consent, permission to the Speaker’s table and referred as fol- to 5 U.S.C. 801(a)(1)(A); to the Committee on revise and extend remarks was granted lows: Commerce. to: 7237. A letter from the Director, Office of 7246. A letter from the Director, Office of (The following Members (at the re- Regulatory Management and Information, Regulatory Management and Information, quest of Mr. FAWELL) and to include ex- Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- traneous matter:) ting the Agency’s final rule—Dimethomorph; ting the Agency’s final rule—National Emis- sions Standards for Hazardous Air Pollutant Mr. CLYBURN. Pesticide Tolerances for Emergency Exemp- tions [OPP–300609; FRL–5767–8] (RIN: 2070– Emissions: Group IV Polymers and Resins Mr. SHIMKUS. AB78) received February 10, 1998, pursuant to [AD-FRL–5508–6] (RIN: 2060–AE37) received (The following Members (at the re- 5 U.S.C. 801(a)(1)(A); to the Committee on February 10, 1998, pursuant to 5 U.S.C. quest of Mr. SKELTON) and to include Agriculture. 801(a)(1)(A); to the Committee on Commerce. extraneous matter:) 7238. A letter from the General Counsel, 7247. A letter from the Director, Office of Mrs. LOWEY. Department of Transportation, transmitting Regulatory Management and Information, Mr. LEVIN. the Department’s final rule—Air Bag On-Off Environmental Protection Agency, transmit- ting the Agency’s final rule—Approval and Mr. KIND. Switches [Docket No. NHTSA–97–3111] (RIN: Promulgation of State Implementation Mr. GONZALEZ. 2127–AG61) received January 8, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Plans for Louisiana: Motor Vehicle Inspec- Mr. HAMILTON. Commerce. tion and Maintenance Program [LA–33–1– Mr. MCGOVERN. 7239. A letter from the General Counsel, 7357; FRL–5924–6] received February 10, 1998, Mr. LAMPSON. Department of Transportation, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. MILLER of California. the Department’s final rule—Parts and Ac- mittee on Commerce. Mr. ROTHMAN. cessories Necessary for Safe Operation; Glaz- 7248. A letter from the Director, Office of Regulatory Management and Information, Mr. BAESLER. ing in Specified Openings [FHWA Docket No. Environmental Protection Agency, transmit- Mr. LANTOS. MC–97–5; FHWA–97–2364] (RIN: 2125–AD40) re- ceived January 8, 1998, pursuant to 5 U.S.C. ting the Agency’s final rule—Technical Mr. YATES. Amendments to Dried Fermentation Solids (The following Members (at the re- 801(a)(1)(A); to the Committee on Commerce. 7240. A letter from the Director, Office of and Solubles of Myrothecium Verrucarria; quest of Mr. SHIMKUS) and to include Regulatory Management and Information, Exemption from the Requirement of a Toler- extraneous matter:) Environmental Protection Agency, transmit- ance on All Food Crops and Ornamentals; Mr. PORTMAN. ting the Agency’s final rule—Approval and Correction of Effective Date [FRL–5965–3] re- ceived February 10, 1998, pursuant to 5 U.S.C. Mr. FAWELL. Promulgation of Air Quality Implementa- 801(a)(1)(A); to the Committee on Commerce. tion Plans; Connecticut; Reasonably Avail- Mr. THOMAS. 7249. A letter from the Director, Office of able Control Technology for Volatile Organic Mr. TAYLOR of North Carolina. Regulatory Management and Information, Compounds at Siskorsky Aircraft Corpora- Ms. ROS-LEHTINEN. Environmental Protection Agency, transmit- tion in Stratford [CT7–1–5298a; A–1–FRL– Mrs. MYRICK. ting the Agency’s final rule—Control of Air 5949–6] received February 11, 1998, pursuant Pollution from Motor Vehicles and New Mr. WELDON of Pennsylvania. to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. CHAMBLISS. Motor Vehicle Engines; Modification of Fed- Commerce. eral On-Board Diagnostic Regulations for Mr. KLUG. 7241. A letter from the Director, Office of Light-Duty Vehicles and Light-Duty Trucks; Mr. MCKEON. Regulatory Management and Information, Extension of Deficiency Policy [FRL–5966–6] Mr. SHAW. Environmental Protection Agency, transmit- received February 10, 1998, pursuant to 5 Mr. HASTERT. ting the Agency’s final rule—Dried Fer- U.S.C. 801(a)(1)(A); to the Committee on mentation Solids and Solubles of Mr. ROGERS. Commerce. Myrothecium Verrucaria; Exemption from 7250. A letter from the Director, Office of Mr. SAXTON. the Requirement of a Tolerance on All Food (The following Members (at the re- Regulatory Management and Information, Crops and Ornamentals [PP 4F4398/R2209A; Environmental Protection Agency, transmit- quest of Mr. PAUL) and to include ex- FRL–5570–1] (RIN: 2070–AB78) received Feb- ting the Agency’s final rule—Control of Air traneous matter:) ruary 10, 1998, pursuant to 5 U.S.C. Pollution; Removal and Modification of Ob- Mr. SOLOMON. 801(a)(1)(A); to the Committee on Commerce. solete, Superfluous or Burdensome Rules Mr. BOB SCHAFFER of Colorado. 7242. A letter from the Director, Office of [FRL–5966–4] received February 10, 1998, pur- Mr. MANZULLO. Regulatory Management and Information, suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Environmental Protection Agency, transmit- Mr. MCHALE. tee on Commerce. ting the Agency’s final rule—Technical 7251. A letter from the Acting Director, De- Mr. GOODLING. Amendments to National Emission Stand- fense Security Assistance Agency, transmit- Mr. LEWIS of California. ards for Hazardous Air Pollutant Emissions: ting the Department of the Air Force’s pro- Mr. STOKES. Group IV Polymers and Resins; Correction of posed lease of defense articles to Pakistan Mr. MCINTOSH. Effective Date Under Congressional Review (Transmittal No. 01–98), pursuant to 22 U.S.C. Mr. COSTELLO. Act [FRL–5963–8] received February 10, 1998, 2796a(a); to the Committee on International Mr. TORRES. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Relations. 7252. A letter from the Acting Director, De- f mittee on Commerce. 7243. A letter from the Director, Office of fense Security Assistance Agency, transmit- ADJOURNMENT TO TUESDAY, Regulatory Management and Information, ting notification concerning the Department FEBRUARY 24, 1998 Environmental Protection Agency, transmit- of the Army’s Proposed Letter(s) of Offer and ting the Agency’s final rule—Technical Acceptance (LOA) to Italy for defense arti- Mr. PAUL. Mr. Speaker, I move that Amendments to Clean Air Act Reclassifica- cles and services (Transmittal No. 98–22), the House do now adjourn. tion; Arizona-Phoenix Nonattainment Area; pursuant to 22 U.S.C. 2776(b); to the Commit- The motion was agreed to. Ozone; Correction of Effective Date [FRL– tee on International Relations. February 12, 1998 CONGRESSIONAL RECORD — HOUSE H495 7253. A letter from the Assistant Secretary strument Approach Procedures; Miscellane- rity First Reserve Fund into which the Sec- for Legislative Affairs, Department of State, ous Amendments (Federal Aviation Adminis- retary of the Treasury shall deposit budget transmitting certification of a proposed li- tration) [Docket No. 29107; Amdt. No. 406/1–7] surpluses pending Social Security reform; to cense for the export of defense articles or de- (RIN: 2120–AA65) received January 8, 1998, the Committee on Ways and Means. fense services sold commercially to Denmark pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- By Mr. PAUL: (Transmittal No. DTC–6–98), pursuant to 22 mittee on Transportation and Infrastruc- H.R. 3208. A bill to prohibit the use of funds U.S.C. 2776(c); to the Committee on Inter- ture. appropriated to the Department of Defense national Relations. 7264. A letter from the General Counsel, from being used for the conduct of offensive 7254. A letter from the Assistant Secretary Department of Transportation, transmitting operations by United States Armed Forces for Legislative Affairs, Department of State, the Department’s final rule—Airworthiness against the Republic of Iraq for the purpose transmitting notification of a proposed man- Directives; Airbus Model A300–600 and A310 of obtaining compliance by Iraq with United ufacturing license agreement for production Series Airplanes (Federal Aviation Adminis- Nations Security Council resolutions relat- of major military equipment with Germany tration) [Docket No. 97–NM–333–AD; Amdt. ing to inspection and destruction of weapons (Transmittal No. DTC–19–98), pursuant to 22 39–10272; AD 98–01–09] (RIN: 2120–AA64) re- of mass destruction in Iraq by the United U.S.C. 2776(d); to the Committee on Inter- ceived January 8, 1998, pursuant to 5 U.S.C. Nations, unless such operations are specifi- national Relations. 801(a)(1)(A); to the Committee on Transpor- cally authorized by law; to the Committee 7255. A letter from the Administrator, Na- tation and Infrastructure. on National Security. tional Aeronautics and Space Administra- 7265. A letter from the General Counsel, By Mr. COBLE (for himself and Mr. tion, transmitting a report of activities Department of Transportation, transmitting GOODLATTE): under the Freedom of Information Act for the Department’s final rule—Compliance H.R. 3209. A bill to amend title 17, United 1997, pursuant to 5 U.S.C. 552(d); to the Com- with Parts 119, 121, and 135 by Alaskan Hunt States Code, to limit liability for copyright mittee on Government Reform and Over- and Fish Guides Who Transport Persons by infringement for on-line material; to the sight. Air for Compensation or Hire (Federal Avia- Committee on the Judiciary. 7256. A letter from the Executive Sec- tion Administration) (RIN: 2120–ZZ06) re- By Mr. COBLE: retary, National Labor Relations Board, ceived January 8, 1998, pursuant to 5 U.S.C. H.R. 3210. A bill to amend title 17, United transmitting the report in compliance with 801(a)(1)(A); to the Committee on Transpor- States Code, to reform the copyright law the Government in the Sunshine Act for 1997, tation and Infrastructure. with respect to satellite retransmissions of pursuant to 5 U.S.C. 552b(j); to the Commit- 7266. A letter from the General Counsel, broadcast signals, and for other purposes; to tee on Government Reform and Oversight. Department of Transportation, transmitting the Committee on the Judiciary, and in addi- 7257. A letter from the Deputy Assistant the Department’s final rule—Robinson R–22/ tion to the Committee on Commerce, for a Administrator for Fisheries, National Oce- R–44 Special Training and Experience Re- period to be subsequently determined by the anic and Atmospheric Administration, trans- quirements (Federal Aviation Administra- Speaker, in each case for consideration of mitting the Administration’s final rule— tion) [Docket No. 28095; SFAR No. 73–1] (RIN: such provisions as fall within the jurisdic- Magnuson-STEVENS Act Provisions; Tech- 2120–AG47) received January 8, 1998, pursuant tion of the committee concerned. nical Amendments [Docket No. 980202026– to 5 U.S.C. 801(a)(1)(A); to the Committee on By Mr. STUMP (for himself, Mr. 8026–01; I.D. 011598C] received February 11, Transportation and Infrastructure. EVANS, Mr. EVERETT, Mr. CLYBURN, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the 7267. A letter from the Chief, Regulations Mr. QUINN, Mr. FILNER, Mr. BILI- Committee on Resources. Unit, Internal Revenue Service, transmitting RAKIS, Mr. GUTIERREZ, Mr. COOKSEY, 7258. A letter from the Director, Office of the Service’s final rule—Order of Applying Ms. BROWN of Florida, Mr. HUTCH- Sustainable Fisheries, National Oceanic and Federal Tax Deposits [Notice 98–14] received INSON, Mr. DOYLE, Mr. HAYWORTH, Mr. Atmospheric Administration, transmitting February 10, 1998, pursuant to 5 U.S.C. MASCARA, Mr. LAHOOD, Mr. PETERSON the Administration’s final rule—Fisheries of 801(a)(1)(A); to the Committee on Ways and of Minnesota, Ms. CARSON, Mr. the Exclusive Economic Zone Off Alaska; Means. REYES, Mr. RODRIGUEZ, Mr. SOLOMON, Pollock in Statistical Area 620 [Docket No. f Mr. BAKER, and Mrs. CHENOWETH): 971208295–7295–01; I.D. 020598D] received Feb- f H.R. 3211. A bill to amend title 38, United ruary 11, 1998, pursuant to 5 U.S.C. States Code, to enact into law eligibility re- 801(a)(1)(A); to the Committee on Resources. PUBLIC BILLS AND RESOLUTIONS quirements for burial in Arlington National 7259. A letter from the Commissioner, Im- Under clause 5 of Rule X and clause 4 Cemetery, and for other purposes; to the migration and Naturalization Service, trans- of Rule XXII, public bills and resolu- Committee on Veterans’ Affairs. mitting the Service’s final rule—Procedures By Mr. STUMP (for himself and Mr. tions were introduced and severally re- for Filing a Derivative Petition (Form I–730) EVANS) (both by request): for a Spouse and Unmarried Children of a ferred, as follows: H.R. 3212. A bill to amend title 38, United Refugee/Asylee [INS No. 1639–93] (RIN: 1115– By Mr. MCGOVERN (for himself, Mr. States Code, to revise the provisions of law AD59) received February 11, 1998, pursuant to COOK, Mr. WEYGAND, Mr. NEAL of relating to retirement of judges of the 5 U.S.C. 801(a)(1)(A); to the Committee on the Massachusetts, Ms. STABENOW, Mr. United States Court of Veterans Appeals, to Judiciary. FRANK of Massachusetts, Mr. provide for a staggered judicial retirement 7260. A letter from the General Counsel, DELAHUNT, Mr. MEEHAN, Mr. HILL- option, to rename the Court as the United Department of Transportation, transmitting IARD, Ms. RIVERS, Mr. OLVER, Mr. States Court of Appeals for Veterans Claims, the Department’s final rule—Procedures for TRAFICANT, Mr. MOAKLEY, Mr. FROST, and for other purposes; to the Committee on Participating in and Receiving Data From Mr. KENNEDY of Massachusetts, Mr. Veterans’ Affairs. the National Driver Register Problem Driver PALLONE, Mr. TIERNEY, Mr. MARKEY, By Mr. QUINN (for himself, Mr. FIL- Pointer System [Docket No. NHTSA–97–3280] Mrs. MCCARTHY of New York, and Mr. NER, Mr. STUMP, Mr. EVANS, Mr. (RIN: 2127–AG21) received January 8, 1998, ACKERMAN): BUYER, Mr. KENNEDY of Massachu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 3205. A bill to amend title XVIII of the setts, Mr. BACHUS, Mr. MASCARA, Mr. mittee on Transportation and Infrastruc- Social Security Act to delay for one year im- COOKSEY, Mr. RODRIGUEZ, Mr. OLVER, ture. plementation of the per beneficiary limits Mr. PASCRELL, Ms. WATERS, and Mr. 7261. A letter from the General Counsel, under the interim payment system to home MANTON): Department of Transportation, transmitting health agencies; to the Committee on Ways H.R. 3213. A bill to amend title 38, United the Department’s final rule—Procedures for and Means, and in addition to the Committee States Code, to clarify enforcement of veter- Participating in and Receiving Data From on Commerce, for a period to be subse- ans’ employment rights with respect to a the National Driver Register Problem Driver quently determined by the Speaker, in each State as an employer or a private employer, Point System [Docket No. NHTSA–97–3155] case for consideration of such provisions as to extend veterans’ employment and reem- (RIN: 2127–AG21) received January 8, 1998, fall within the jurisdiction of the committee ployment rights to members of the uni- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- concerned. formed services employed abroad by United mittee on Transportation and Infrastruc- By Mr. BILBRAY (for himself, Mr. States companies, and for other purposes; to ture. CANADY of Florida, and Ms. HARMAN): the Committee on Veterans’ Affairs. 7262. A letter from the General Counsel, H.R. 3206. A bill to amend the Fair Housing By Mr. MCKEON: Department of Transportation, transmitting Act; to the Committee on the Judiciary. H.R. 3214. A bill to amend the Internal Rev- the Department’s final rule—Airworthiness By Mr. RANGEL (for himself, Mrs. enue Code of 1986 to provide that property Directives; Boeing Model 747 Series Air- KENNELLY of Connecticut, Mr. STARK, may be seized for the collection of taxes only planes [Docket No. 97–NM–271–AD; Amdt. 39– Mr. MATSUI, Mr. COYNE, Mr. LEVIN, with the approval of a private, volunteer 10230; AD 97–25–06] (RIN: 2120–AA64) received Mr. CARDIN, Mr. MCDERMOTT, Mr. panel of attorneys, certified public account- January 8, 1998, pursuant to 5 U.S.C. LEWIS of Georgia, Mr. NEAL of Massa- ants, and enrolled agents; to the Committee 801(a)(1)(A); to the Committee on Transpor- chusetts, Mr. MCNULTY, Mr. JEFFER- on Ways and Means. tation and Infrastructure. SON, Mr. TANNER, Mr. BECERRA, and By Mr. HULSHOF (for himself, Mr. 7263. A letter from the General Counsel, Mrs. THURMAN): KUCINICH, Mr. MCCRERY, Mr. WELLER, Department of Transportation, transmitting H.R. 3207. A bill to amend the Social Secu- Mr. ENGLISH of Pennsylvania, Mr. the Department’s final rule—Standard In- rity Act to establish the Save Social Secu- WELDON of Florida, Mr. TORRES, Mr. H496 CONGRESSIONAL RECORD — HOUSE February 12, 1998

CHRISTENSEN, Mr. HAYWORTH, and Mr. improvements in the State of Virginia, and in the jurisdiction of the committee con- HERGER): for other purposes; to the Committee on Ag- cerned. H.R. 3215. A bill to amend the Internal Rev- riculture. By Mr. REDMOND: enue Code of 1986 to provide a partial exclu- By Ms. HOOLEY of Oregon (for herself H.R. 3235. A bill to authorize the Navajo In- sion from gross income for dividends and in- and Mr. COOKSEY): dian irrigation project to use power allo- terest received by individuals; to the Com- H.R. 3227. A bill to amend the Internal Rev- cated to it from the Colorado River storage mittee on Ways and Means. enue Code of 1986 to adjust for inflation the project for on-farm uses; to the Committee By Mr. BENTSEN: amount of family-owned businesses excluded on Resources. H.R. 3216. A bill to amend the Act com- from the gross estate of a decedent; to the By Mr. ROTHMAN (for himself, Ms. monly called the ‘‘Flag Code’’ to add the Committee on Ways and Means. ROS-LEHTINEN, Mr. GILMAN, Mr. HAM- Martin Luther King, Jr. holiday to the list of By Mr. JOHN (for himself, Ms. ILTON, Mr. ACKERMAN, Mr. ALLEN, Mr. days on which the flag should especially be STABENOW, Mr. SESSIONS, Mr. STEN- ANDREWS, Mr. BARR of Georgia, Mr. displayed; to the Committee on the Judici- HOLM, Mr. BERRY, Mr. BOYD, Mr. BENTSEN, Mr. BERMAN, Mr. BRADY, ary. HOLDEN, Mr. GOODE, Mrs. TAUSCHER, Mr. BROWN of Ohio, Mr. BURTON of In- By Mr. BUNNING of Kentucky (for Mr. PETERSON of Minnesota, Mr. SISI- diana, Mr. CALVERT, Ms. CARSON, Mr. himself, Mr. DELAY, Ms. DUNN of SKY, Mr. CONDIT, Mr. BAESLER, Mr. CUNNINGHAM, Mr. DEUTSCH, Mr. Washington, Mr. HOUGHTON, Mr. MINGE, Mr. HALL of Texas, Mr. DOYLE, Mr. ENGEL, Mr. FILNER, Mr. MCCRERY, Mr. CAMP, Mr. COLLINS, BISHOP, and Mr. CRAMER): FOLEY, Mr. FRANK of Massachusetts, Mr. ENGLISH of Pennsylvania, Mr. H.R. 3228. A bill to amend the Line Item Mr. FROST, Mr. GEJDENSON, Mr. WATKINS, Mr. WELLER, Mr. CRAPO, Veto Act of 1996 to add the requirement that HORN, Ms. JACKSON-LEE, Mr. KEN- Mr. MCHUGH, Mr. NETHERCUTT, Mr. if Federal budget is in surplus then the ve- NEDY of Rhode Island, Mr. LANTOS, PAPPAS, and Mr. PAUL): toed item shall be used to reduce the public Mr. LOBIONDO, Mr. MANZULLO, Mr. H.R. 3217. A bill to amend the Internal Rev- debt; to the Committee on the Budget. MARKEY, Mrs. MCCARTHY of New enue Code of 1986 to reduce the tax on vac- By Mr. MANZULLO (for himself, Mr. York, Mr. MCNULTY, Mr. MENENDEZ, cines to 25 cents per dose; to the Committee HYDE, Mr. ISTOOK, Mr. CANNON, Mr. Mr. NADLER, Mr. NORWOOD, Mr. on Ways and Means. HOEKSTRA, Mrs. EMERSON, and Mr. OWENS, Mr. PALLONE, Mr. PAPPAS, By Mr. BURTON of Indiana (for him- BACHUS): Mr. PASCRELL, Mr. PORTER, Mr. ROE- self, Mr. SOUDER, Mr. SNOWBARGER, H.R. 3229. A bill to provide for the applica- MER, Mrs. ROUKEMA, Ms. SANCHEZ, Mr. BARR of Georgia, Mr. HORN, Mr. bility, to providers of services under title X Mr. SAXTON, Mr. SHAYS, Mr. SHER- SESSIONS, Mr. SHADEGG, Mr. PAPPAS, of the Public Health Service Act, of State re- MAN, Mr. SNOWBARGER, Mr. SPRATT, Mr. DAVIS of Virginia, and Mr. MICA): Mrs. THURMAN, Mr. TOWNS, Mr. TURN- H.R. 3218. A bill to repeal a provision of the porting requirements for minors who are vic- tims of abuse, rape, molestation, or incest; ER, Mr. WATTS of Oklahoma, Mr. Indian Self-Determination Act which ex- WEXLER, Mr. YATES, Mr. GORDON, Mr. empts certain former officers and employees to the Committee on Commerce. EVANS, Mr. DIAZ-BALART, Mr. of the United States from restrictions relat- By Mr. MANZULLO (for himself, Mr. MALONEY of Connecticut, Mr. HOYER, ed to aiding and advising Indian tribes; to HYDE, Mr. ISTOOK, Mr. CANNON, Mr. Mr. KING of New York, Mr. FRELING- the Committee on Resources. HOEKSTRA, Mrs. EMERSON, and Mr. HUYSEN, Mr. FORBES, and Mr. FOX of By Mr. BURTON of Indiana (for himself BACHUS): H.R. 3230. A bill to provide for parental no- Pennsylvania): and Mr. COX of California): H.R. 3236. A bill to promote full equality at H.R. 3219. A bill to repeal a provision of the tification of family planning services, and reporting under State law for minors who the United Nations for Israel; to the Com- Indian Self-Determination Act which ex- mittee on International Relations. empts certain former officers and employees are victims of abuse, rape, molestation, or incest, under title X of the Public Health By Mr. SCHUMER: of the United States from restrictions relat- H.R. 3237. A bill to establish a national reg- Service Act; to the Committee on Com- ed to aiding and advising Indian tribes; to istry from which adopted children may ob- merce. the Committee on Resources. tain medical information voluntarily pro- By Mrs. MEEK of Florida (for herself, By Mr. CONDIT: vided by their birth parents; to the Commit- H.R. 3220. A bill to authorize the use of cer- Mr. DIAZ-BALART, and Ms. ROS- tee on Ways and Means. tain land in Merced County, California, for LEHTINEN): By Mr. SESSIONS (for himself, Mr. AR- an elementary school; to the Committee on H.R. 3231. A bill to adjust the immigration CHER, Mr. BARTON of Texas, Mr. Resources. status of certain Honduran nationals who are BRADY, Mr. BONILLA, Mrs. By Mr. CUMMINGS: in the United States; to the Committee on CHENOWETH, Mr. COMBEST, Mr. CRAPO, H.R. 3221. A bill to amend chapter 89 of the Judiciary. Mr. DELAY, Mr. EDWARDS, Ms. title 5, United States Code, concerning the By Mr. MILLER of California (for him- GRANGER, Mr. HALL of Texas, Mr. Federal Employees Health Benefits (FEHB) self, Mr. MARKEY, Mr. PALLONE, Mr. SAM JOHNSON, Mr. REDMOND, Mr. Program, to enable the Federal Government STARK, Mr. FILNER, Mr. HINCHEY, Mr. SANDLIN, Mr. SHADEGG, Mr. SMITH of to enroll an employee and his or her family FALEOMAVAEGA, Ms. FURSE, Mr. Texas, Mr. THORNBERRY, Mr. TURNER, in the FEHB Program when a State court or- GUTIERREZ, and Mr. DELAHUNT): ders the employee to provide health insur- and Mr. YOUNG of Alaska): H.R. 3232. A bill to amend the Federal H.R. 3238. A bill to amend the Federal ance coverage for a child of the employee but Water Pollution Control Act to control Water Pollution Control Act to prevent the employee fails to provide the coverage; water pollution from concentrated animal lapses in National Pollutant Discharge to the Committee on Government Reform feeding operations, and for other purposes; to Elimination System permits; to the Commit- and Oversight. the Committee on Transportation and Infra- tee on Transportation and Infrastructure. By Mr. DICKS: structure. H.R. 3222. A bill to amend the Internal Rev- By Mr. SHAW: By Mr. PAPPAS (for himself, Mr. H.R. 3239. A bill to amend the Social Secu- enue Code of 1986 to provide for tax-exempt SAXTON, Mr. MENENDEZ, Mr. AN- rity Act to require health maintenance orga- financing of private sector highway infra- DREWS, Mr. SMITH of New Jersey, nizations under the Medicare Program to structure construction; to the Committee on Mrs. ROUKEMA, Mr. PALLONE, Mr. disclose to enrollees and potential enrollees Ways and Means. FRANKS of New Jersey, Mr. certain information on the credentials of By Mr. DOGGETT: PASCRELL, Mr. ROTHman, Mr. H.R. 3223. A bill to designate the Federal physicians providing services by or through building located at 300 East 8th Street in FRELINGHUYSEN, Mr. PAYNE, and Mr. the organization, the financial status of the Austin, Texas, as the ‘‘J.J. ’Jake’ Pickle LOBIONDO): organization, and the compensation paid to H.R. 3233. A bill to repeal a provision of law Federal Building‘‘; to the Committee on officers and executives of the organization; Transportation and Infrastructure. preventing donation by the Secretary of the to the Committee on Ways and Means, and in By Mr. GALLEGLY (for himself, Mr. Navy of the two remaining Iowa-class battle- addition to the Committee on Commerce, for ships listed on the Naval Vessel Register and a period to be subsequently determined by COBLE, Mr. BERMAN, and Mr. SMITH of the Speaker, in each case for consideration Texas): related requirements; to the Committee on H.R. 3224. A bill to amend title 18, United National Security. of such provisions as fall within the jurisdic- States Code, to provide protection from per- By Mr. POMBO (for himself, Mr. LEWIS tion of the committee concerned. sonal intrusion for commercial purposes; to of California, Mr. MCKEON, Mr. SES- By Ms. SLAUGHTER (for herself, Mr. the Committee on the Judiciary. SIONS, Mr. STUMP, Mr. DOOLITTLE, ACKERMAN, Mr. BOEHLERT, Mr. By Mr. GALLEGLY: and Mr. COBURN): ENGEL, Mr. GILMAN, Mr. HINCHEY, Mr. H.R. 3225. A bill to amend the Internal Rev- H.R. 3234. A bill to require peer review of HOUGHTON, Mrs. KELLY, Mrs. LOWEY, enue Code of 1986 to increase the limits on scientific data used in support of Federal Mrs. MALONEY of New York, Mr. the amount of nondeductible contributions regulations, and for other purposes; to the MANTON, Mrs. MCCARTHY of New to individual retirement plans; to the Com- Committee on Government Reform and York, Mr. MCHUGH, Mr. MCNULTY, mittee on Ways and Means. Oversight, and in addition to the Committee Mr. NADLER, Mr. QUINN, Mr. RANGEL, By Mr. GOODLATTE: on Science, for a period to be subsequently Mr. SCHUMER, Mr. SERRANO, Mr. H.R. 3226. A bill to authorize the Secretary determined by the Speaker, in each case for TOWNS, Ms. VELAZQUEZ, and Mr. of Agriculture to convey certain lands and consideration of such provisions as fall with- WALSH): February 12, 1998 CONGRESSIONAL RECORD — HOUSE H497 H.R. 3240. A bill to direct the Secretary of victimizes public officials and Colombian ADDITIONAL SPONSORS the Interior to study alternatives for estab- and foreign nationals; to the Committee on lishing a national historic trail to com- International Relations. Under clause 4 of rule XXII, sponsors memorate and interpret the history of wom- By Mr. GALLEGLY (for himself and were added to public bills and resolu- en’s rights in the United States; to the Com- Mr. ACKERMAN): tions as follows: mittee on Resources. H. Con. Res. 222. Concurrent resolution ex- H.R. 59: Mr. NETHERCUTT, Mr. LUCAS of By Mr. SOUDER (for himself, Mrs. pressing the sense of Congress, congratulat- Oklahoma, Mr. RAMSTAD, Mr. KIM, Mr. MYRICK, and Mr. WATTS of Okla- ing the former International Support and GILCHREST, and Mr. OXLEY. homa): Verification Commission of the Organization H.R. 123: Mr. ADERHOLT and Mr. LUCAS of H.R. 3241. A bill to amend the Housing and of American States (OAS-CIAV) for success- Oklahoma. Community Development Act of 1974 to au- fully aiding in the transition of Nicaragua H.R. 218: Mr. PAUL and Mr. STRICKLAND. thorize States to use community develop- from a war-ridden state into a newly formed H.R. 234: Mr. MILLER of California, Mr. ment block grant amounts provided for non- democracy and providing continued support FALEOMAVAEGA, and Mr. BROWN of Ohio. entitlement areas to offset the costs of State through the recently created Technical Co- H.R. 284: Mr. LAFALCE, Mr. RODRIGUEZ, Mr. charity tax credits; to the Committee on operation Mission (OAS-TCM) which is re- TORRES, and Ms. FURSE. Banking and Financial Services. sponsible for helping tostabilize Nicaraguan H.R. 306: Mr. WALSH. By Mr. SOUDER (for himself, Mr. BUR- democracy by supplementing institution H.R. 350: Mr. BISHOP, Mr. PALLONE, and Ms. TON of Indiana, and Mr. SOLOMON): building; to the Committee on International PRYCE of Ohio. H.R. 3242. A bill to ban the provision of Relations. H.R. 508: Mr. PAUL. Federal funds to the International Monetary By Mr. GINGRICH (for himself, Mr. H.R. 519: Mr. PORTMAN, Mr. RAMSTAD, Mr. Fund unless a joint resolution is enacted ARMEY, Mr. DELAY, Mr. KING of New BONIOR, Mr. CUMMINGS, and Ms. KILPATRICK. that approves a certification by the Attor- York, Mr. SPENCE, Mr. SOLOMON, Mr. H.R. 612: Mr. JOHN, Ms. KILPATRICK, Mr. ney General and the Secretary of State that STUMP, Mr. DOOLITTLE, Mr. BURTON STUMP, Mr. FATTAH, Mr. BLUMENAUER, Mr. all countries eligible to receive IMF funds of Indiana, Mr. ISTOOK, Mr. GILMAN, Mr. SCHUMER, and Mr. UPTON. are cooperating fully with the congressional MCINTOSH, Mr. BUYER, Mr. SKELTON, H.R. 630: Mr. BROWN of California. and Justice Department investigations into and Mr. SNYDER): H.R. 699: Mr. LEWIS of California and Mr. the financing of the 1996 presidential elec- H. Res. 360. A resolution recognizing, and STUPAK. tion campaign and have disclosed the iden- calling on all Americans to recognize, the H.R. 758: Mrs. EMERSON, Mrs. ROUKEMA, tity of all commercial entities in the coun- courage and sacrifice of the members of the and Mr. DREIER. try that would benefit from the provision of Armed Forces held as prisoners of war during H.R. 774: Mr. BROWN of California. the funds; to the Committee on Banking and the Vietnam conflict and stating that the H.R. 791: Mr. PAUL. Financial Services. House of Representatives will not forget that H.R. 859: Mr. PICKERING, Mr. TIAHRT, Mr. By Mrs. THURMAN (for herself, Mrs. more than 2,000 members of the United HALL of Texas, Mr. BARCIA of Michigan, Mr. FOWLER, Ms. BROWN of Florida, Mr. States Armed Forces remain unaccounted EDWARDS, and Mr. HUTCHINSON. BOYD, Mr. DAVIS of Florida, Mr. for from the Vietnam conflict and will con- H.R. 863: Mr. ROTHMAN. DEUTSCH, Mr. FOLEY, Mr. HASTINGS of tinue to press for a final accounting for all H.R. 900: Mr. DAVIS of Florida. Florida, Mrs. MEEK of Florida, and such servicemembers whose fate is unknown; H.R. 979: Mr. KNOLLENBERG, Mr. ROMERO- Mr. WEXLER): to the Committee on National Security. BARCELO, Ms. HARMAN, Mr. DICKS, Mr. H.R. 3243. A bill to authorize the Adminis- By Mr. BEREUTER: CHRISTENSEN, and Mr. TRAFICANT. trator of the Environmental Protection H. Res. 361. A resolution calling for free H.R. 1071: Ms. CHRISTIAN-GREEN. Agency to make grants to State agencies and impartial elections in Cambodia; to the H.R. 1114: Mr. DUNCAN and Mr. CALLAHAN. with responsibility for water resource devel- Committee on International Relations. H.R. 1161: Mr. SHERMAN. opment for the purpose of maximizing avail- By Mr. GALLEGLY (for himself, Mr. H.R. 1362: Mr. WYNN. H.R. 1371: Mr. DOOLITTLE. able water supply and protecting the envi- HAMILTON, Mr. ACKERMAN, Mr. H.R. 1425: Mr. CLYBURN and Mr. BERMAN. ronment through the development of alter- HOUGHTON, Mr. BALLENGER, and Mr. H.R. 1595: Mr. SUNUNU, Mr. MILLER of Flor- native watersources; to the Committee on CAMPBELL): Transportation and Infrastructure. H. Res. 362. A resolution commending the ida, and Mr. CRAMER. By Mr. WISE: visit of His Holiness Pope John Paul II to H.R. 1605: Mr. WEXLER. H.R. 1689: Mr. MEEHAN, Mr. KINGSTON, Mr. H.R. 3244. A bill to suspend temporarily the Cuba; to the Committee on International Re- SHAYS, Mr. MCINTOSH, Mr. CLEMENT, Mr. duty on KN001 (a hydrochloride); to the Com- lations. HILL, Mr. BARTLETT of Maryland, Mr. STUMP, mittee on Ways and Means. By Mr. GEKAS (for himself and Mr. By Mr. BEREUTER: Mr. SNYDER, Mr. EHRLICH, and Mr. FOSSELLA. PORTER): H. Con. Res. 218. Concurrent resolution H.R. 1712: Mr. CALVERT. H. Res. 363. A resolution expressing the concerning the urgent need to establish a H.R. 1715: Mr. GUTIERREZ, Mr. PASTOR, Mr. sense of the House of Representatives that cease fire in Afghanistan and begin the tran- HORN, Mr. DAVIS of Illinois, Mr. TRAFICANT, the Federal investment in biomedical re- sition toward a broad-based multiethnic gov- Mr. BALDACCI, Mr. KENNEDY of Rhode Island, search should be increased by $2,000,000,000 in ernment that observes international norms Mr. KUCINICH, and Mr. SANDERS. fiscal year 1999; to the Committee on Com- of behavior; to the Committee on Inter- H.R. 2020: Mr. STOKES, Mr. BLAGOJEVICH, merce. national Relations. Mr. FAWELL, and Mr. FORD. By Mr. SMITH of New Jersey (for him- By Mr. BROWN of Ohio (for himself, H.R. 2094: Mr. MARKEY. self, Mr. GILMAN, Mr. GEPHARDT, Mr. Mr. SOLOMON, Mr. STUPAK, Mr. BILI- H.R. 2109: Ms. RIVERS. WOLF, Ms. PELOSI, Mr. ROHRABACHER, RAKIS, Ms. DEGETTE, Mr. STRICKLAND, H.R. 2228: Mr. TORRES. Mr. LANTOS, Mr. FRANK of Massachu- Mr. CHABOT, Mr. WYNN, and Mr. H.R. 2290: Mr. HASTINGS of Florida. setts, Ms. NORTON, Mr. UNDERWOOD, ROHRABACHER): H.R. 2345: Mr. POSHARD, Ms. LOFGREN, and Mr. BURTON of Indiana, Mr. TIERNEY, H. Con. Res. 219. Concurrent resolution re- Mr. JACKSON. and Mr. CLAY): lating to Taiwan’s participation in the World H.R. 2400: Mr. BROWN of California, Mr. H. Res. 364. A resolution urging the intro- Health Organization; to the Committee on EVANS, and Mr. TAUZIN. duction and passage of a resolution on the International Relations. H.R. 2431: Mr. CUMMINGS, Ms. KAPTUR, Mr. human rights situation in the People’s Re- By Mr. FOX of Pennsylvania (for him- SESSIONS, Mr. STUPAK, and Mr. NEUMANN. public of China at the 54th Session of the self, Mr. WELLER, Mr. ROTHman, Mr. H.R. 2450: Mr. PAUL. United Nations Commission on Human ENGEL, Mr. GILMAN, Mr. PASCRELL, H.R. 2467: Mr. FARR of California. Rights; to the Committee on International Mr. SHERMAN, Mr. SCHUMER, Mr. H.R. 2485: Mr. GEKAS and Mr. LUTHER. Relations. SALMON, Mr. FORBES, Mr. MILLER of H.R. 2497: Mrs. LINDA SMITH of Washington, Florida, Mr. WEXLER, Mr. CAMPBELL, Mr. TAUZIN, and Mr. METCALF. f Mr. CHABOT, and Mr. POSHARD): H.R. 2501: Mr. PAUL. H. Con. Res. 220. Concurrent resolution re- H.R. 2504: Ms. WOOLSEY. garding American victims of terrorism; to PRIVATE BILLS AND H.R. 2524: Mr. HINCHEY and Mr. BARRETT of the Committee on International Relations. RESOLUTIONS Wisconsin. By Mr. GALLEGLY (for himself and H.R. 2537: Mr. GOODLING. Mr. ACKERMAN): Under clause 1 of Rule XXII, H.R. 2549: Mr. DAVIS of Virginia, Mr. ADAM H. Con. Res. 221. Concurrent resolution ex- Mr. SMITH of Michigan introduced a bill SMITH of Washington, and Mr. STOKES. pressing the sense of the House of Represent- (H.R. 3245) to waive time limitations speci- H.R. 2579: Mr. HUNTER, Mr. RYUN, and Mr. atives that a renewed effort be made by all fied by law in order to allow the Medal of HILL. sides to end the violent guerrilla war in Co- Honor to be awarded to Chester G. Theissen, H.R. 2602: Ms. NORTON. lombia, which poses a serious threat to de- of East Leroy, Michigan, for acts of valor H.R. 2613: Mr. CRAMER and Mr. BALDACCI. mocracy as well as economic and social sta- during the Korean conflict; which was re- H.R. 2691: Mr. FORBES. bility as evidenced by the recent increase in ferred to the Committee on National Secu- H.R. 2697: Mr. ROTHMAN. guerrilla and paramilitary violence which rity. H.R. 2718: Mr. GOODLING. H498 CONGRESSIONAL RECORD — HOUSE February 12, 1998

H.R. 2723: Mr. TALENT. KUCINICH, Ms. SLAUGHTER, Mr. BLUMENAUER, H.R. 3131: Mr. CLYBURN. H.R. 2734: Mr. YOUNG of Alaska. Mr. MORAN of Virginia, Mr. PAYNE, Ms. H.R. 3140: Mr. PETERSON of Minnesota and H.R. 2736: Mr. SOLOMON. EDDIE BERNICE JOHNSON of Texas, Ms. FURSE, Mr. HEFLEY. H.R. 2752: Mr. TORRES and Mr. SHUSTER. Mr. BENTSEN, Ms. LOFGREN, and Mr. SHER- H.R. 3172: Mr. HILL. H.R. 2754: Mr. TIERNEY. MAN. H.R. 2755: Mr. ENGLISH of Pennsylvania and H.R. 3174: Mrs. EMERSON, Mr. JONES, and, H.R. 3026: Mr. ROTHMAN. Mr. SCHUMER. H.R. 3032: Mr. FALEOMAVAEGA. Mrs. LINDA SMITH of Washington. H.R. 2760: Mr. BARCIA of Michigan and Mr. H.R. 3050: Mr. LEVIN. H. Con. Res. 52: Mr. GREENWOOD, Mr. PICK- SHAW. H.R. 3065: Mrs. TAUSCHER. ETT, Mr. NEAL of Massachusetts, Mr. HORN, H.R. 2774: Ms. STABENOW and Ms. MCKIN- H.R. 3072: Mr. HORN, Mr. SCHUMER, Ms. Mr. METCALF, and, Mr. ENGLISH of Pennsyl- NEY. DEGETTE, Mr. LEWIS of Georgia, Mr. RUSH, vania. H.R. 2778: Mr. MALONEY of Connecticut and Mr. TIERNEY, Mr. FORD, and Mr. DAVIS of Illi- H. Con. Res. 114: Mr. WEXLER and Mr. Mr. DAVIS of Illinois. nois. H.R. 2788: Mr. FOLEY, Ms. WOOLSEY, and TIERNEY. H.R. 3081: Mrs. TAUSCHER, Mr. SABO, Mr. Mr. KOLBE. H. Con. Res. 154: Mr. LEWIS of Georgia, WEXLER, Ms. DEGETTE, Mr. ROTHMAN, Mr. H.R. 2797: Mr. FORD. Mrs. LOWEY, and Mr. LUTHER. BLAGOJEVICH, Ms. JACKSON-LEE, Mr. H.R. 2819: Mr. KUCINICH, Mr. ADAM SMITH of H. Con. Res. 184: Mr. HANSEN, Mr. KENNEDY LAMPSON, and Ms. VELAZQUEZ. Washington, Ms. LOFGREN, and Mr. MCGOV- H.R. 3084: Ms. FURSE, Ms. LOFGREN, and of Massachusetts, Mr. HOLDEN, Mr. LEWIS of ERN. Mr. STRICKLAND. Georgia, and Mr. LAMPSON. H.R. 2821: Mr. FROST, Mr. HOEKSTRA, Mr. H.R. 3086: Mr. JOHN, Mr. BALDACCI, Mr. H. Con. Res. 187: Mr. BENTSEN, Mr. REYES, COYNE, Mr. CAMP, Mr. GUTIERREZ, Mr. KIL- FORD, Ms. KILPATRICK, Mr. OLVER, Mr. and Mr. HALL of Texas. DEE, Ms. KILPATRICK, Mr. ROHRABACHER, and HASTINGS of Florida, Mr. BONIOR, Mr. H. Con. Res. 195: Ms. LOFGREN, Ms. FURSE, Mr. UPTON. H.R. 2829: Mr. BOUCHER, Ms. DEGETTE, Mr. MCDERMOTT, Mr. SANDERS, Mr. CLYBURN, Mr. and Mr. FROST. TIERNEY, and Mr. WALSH. BROWN of California, and Mr. TORRES. H. Con. Res. 203: Mrs. LOWEY, Ms. KIL- H.R. 2867: Mr. BEREUTER and MR. SOLOMON. H.R. 3100: Mr. BECERRA, Ms. CARSON, Mrs. PATRICK, Mr. DAVIS of Virginia, Mr. SOLO- H.R. 2870: Mr. GALLEGLY, Mr. ACKERMAN, CLAYTON, Mr. DICKS, Mr. DIXON, Mr. FORD, MON, Mr. GUTIERREZ, and Mr. MCNULTY. Ms. HOOLEY of Oregon, Mr. JEFFERSON, Mr. Mr. LUTHER, Mr. BILBRAY, Mrs. KELLY, and H. Con. Res. 216: Mr. GOODLING. OBSON KLECZKA, Mr. MCNULTY, Mr. RANGEL, Ms. Mr. H . H. Con. Res. 217: Mr. NORWOOD, Mr. H.R. 2912: Mr. GOODE. SANCHEZ, Mr. STRICKLAND, Mr. WEXLER, Mr. GILLMOR, Mr. WHITFIELD, and Mr. WHITE. H.R. 2921: Mr. DAVIS of Florida. WEYGAND, and Ms. WOOLSEY. H.R. 2982: Mr. SHAYS, Mrs. MALONEY of New H.R. 3125: Mr. MANTON, Mr. PAUL, and Mr. H. Res. 279: Mr. MARKEY, Mr. VENTO, and York, and Mr. HORN. GREENWOOD. Mr. COSTELLO. H.R. 2994: Mr. FROST, Mr. BROWN of Califor- H.R. 3126: Mr. FORD, Mr. SANDLIN, Mr. H. Res. 340: Ms. SANCHEZ, Mr. ETHERIDGE, nia, Ms. KILPATRICK, Mr. HORN, Mr. YATES, and Ms. KILPATRICK. Ms. RIVERS, and Mr. DELAHUNT. 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, THURSDAY, FEBRUARY 12, 1998 No. 11 Senate The Senate met at 9:30 a.m., and was THANKING THE CHAPLAIN I think that is important. But I think called to order by the President pro Mr. NICKLES. Mr. President, I want it is also very important that we actu- tempore [Mr. THURMOND]. to thank our Chaplain again for a beau- ally improve quality, not improve the tiful opening prayer and excellent way number of regulations. PRAYER to start a day which I believe is going Today, Mr. President, Americans The Chaplain, Dr. Lloyd John to be a beautiful day. enjoy the highest quality of health Ogilvie, offered the following prayer: f care in the world. Today, on Abraham Lincoln’s birth- In 1993, President Clinton proposed a SCHEDULE day, we remember some of the most plan that would have devastated health powerful things he said about prayer. Mr. NICKLES. Mr. President, this care quality. It would have limited the ‘‘I have been driven many times to my morning the Senate will be in a amount of health care that Americans knees,’’ he said, ‘‘by the overwhelming lengthy period of morning business could receive by limiting the amount conviction that I had nowhere to go through the hour of 2 p.m. for a number of money, whether private or public, but to prayer. My own wisdom and that of Senators to speak. Following morn- that could be spent on health care serv- of all about me seemed insufficient for ing business, the Senate may proceed ices. It would require that everyone the day.’’ When asked whether the to any legislative or executive business have the same one-size-fits-all package Lord was on his side, he responded, ‘‘I cleared for action. Therefore, votes are of health insurance benefits. And it am not at all concerned about that, for possible during today’s session of the would have enrolled everyone in man- I know that the Lord is always on the Senate. As always, announcement will aged care plans. side of the right. But it is my constant be made as soon as any rollcall votes Had President Clinton had his way, anxiety and prayer that I—and this na- are scheduled. As previously stated by tion—should be on the Lord’s side.’’ Americans would now be trapped in a the majority leader, there will be no health care system with the efficiency Let us pray. Holy, righteous God, so rollcall votes during Friday’s session of often we sense that same longing to be of the post office and the compassion of the Senate. I thank all Senators for the IRS at Pentagon prices. The Re- in profound communion with You be- their attention. cause we need vision, wisdom, and publicans led the fight against Presi- courage no one else can provide. We f dent Clinton’s health care plan because long for our prayers to be an affirma- MORNING BUSINESS we believe Americans deserve the best. tion that we want to be on Your side We believed it then and we believe it The PRESIDING OFFICER (Mr. rather than an appeal for You to join today. SANTORUM). Under the previous order, our cause. Forgive us when we act like there will now be a period for the Now President Clinton wants to lead we have a corner on truth and our transaction of morning business not to an assault on private managed care prayers reach no further than the ceil- extend beyond the hour of 2 p.m. with plans. The man who wanted to put ev- ing. In humility, we spread our con- Senators permitted to speak for not to eryone in an HMO now wants the Gov- cerns before You and ask for Your exceed 10 minutes each. ernment to wage war on HMOs. That is marching orders and the courage to fol- Under the previous order, the Sen- a pretty dramatic change. But one low the cadence of Your drumbeat. ator from Oklahoma is recognized to thing has not changed: President Clin- Through Him who taught us to pray, speak for up to 20 minutes. ton still wants Government-run health ‘‘Your will be done on Earth as it is in The Senator from Oklahoma. care. As he said to the Service Employ- heaven.’’ Amen. Mr. NICKLES. Mr. President, thank ees International Union less than 5 you very much. months ago regarding his rejected uni- f versal health care program: f If what I tried before won’t work, maybe RECOGNITION OF THE ACTING HEALTH CARE QUALITY we can do it another way. That’s what we’ve MAJORITY LEADER Mr. NICKLES. Mr. President, I want tried to do, a step at a time, until we eventu- ally finish this. The PRESIDENT pro tempore. The to make some statements dealing with able acting majority leader, Senator health care. There has been a lot of dis- President Clinton is now attempting NICKLES, is recognized. cussion on health care and improving to impose on you his newest attempt at Mr. NICKLES. Mr. President, the the quality of health care. Some of our Government-run health care and mask- Senate pro tempore, thank you very colleagues have introduced legislation ing his efforts with the name ‘‘qual- much. dealing with the quality of health care. ity.’’

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

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VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S680 CONGRESSIONAL RECORD — SENATE February 12, 1998 Mr. President, Republicans want only and children. However, several months looked into it and now we know that the highest quality health care. But I following the passage of that legisla- more employers than ever are offering have not seen anything to convince me tion an article appeared in the Journal health insurance. The problem is that that bigger Government, more regula- of the American Medical Association. employees are choosing not to take ad- tions, and expanded bureaucratic con- And here is what the clinical research- vantage of it because of cost. That trol is the means to higher quality. ers and physicians had to say about came out from a study in 1997 by Coo- Look at just one example of Govern- what Congress accomplished. per and Schone. ment-controlled health care: The Medi- While the spirit of the current legislation A separate study concludes that care system. I am a member of the Fi- may be laudable, its content does not solve every 1 percent increase in private nance Committee, the tax-writing com- the most important problems regarding the health insurance premiums results in mittee of the Senate. We have been need for early postpartum/postnatal services. 400,000 additional uninsured Americans. looking at the IRS and its treatment of The legislation may give the public a false That was from a 1997 Lewin study. So, taxpayers. There are 12,000 pages that sense of security. It may call into question 400,000 additional uninsured Americans the reasonableness of relying on legislative every time health insurance premiums deal with tax policy. I might mention, mechanisms to micromanage clinical prac- that is about 10 times the size of the tice. increase 1 percent in real terms. Bible and, unlike the Bible, has no Good clinical judgment, based on careful Now, wait a minute. If the PARCA good news. consideration of available evidence, suggests bill—the Patient Access to Responsible Well, there are 12,000 pages dealing that the difference between a postpartum Care Act—is estimated to increase with tax policies. That is a lot. But, stay of 24 hours and a stay of 48 hours is un- costs by 23 percent, and every one of Mr. President, do you know how many likely to be a critical determinant of new- those percentage points equals 400,000 pages govern Medicare? Forty-five born or maternal health outcomes. additional uninsured Americans, my thousand, about four times as much as In other words, Congress made a nice, calculations work that out to over 9 we have on tax policy. That comes laudable attempt. We said we are going million Americans would lose their from Dr. Robert Waller, the Mayo Clin- to mandate 48 hours, but it has had no health insurance. ic, Health Care Leadership Council. appreciable improvement on the qual- Mr. President, we do not want to do Forty-five thousand pages, yet the sys- ity of health care. that. That may not be sound science, tem is archaic, inefficient, and on the It appears that our so-called victory but the potential for such an outcome path of bankruptcy despite astronom- in passing 48 hours may have in fact would be a disaster. It is too big of a ical tax increases. done more harm than good in helping gamble, in my opinion. Higher prices We know many people have believed women and newborns. This experience, and more uninsured Americans does they were denied coverage that their and others like it, should have taught not sound like better health care qual- plans were supposed to cover. We rec- us what not to do. So what should our ity to me. So let us not do that. ognize that some individuals fear that guiding principles be? I believe that Thirdly, and finally, we want to their health care plans will not give there are three. make sure that the very best entity is them access to specialists when they Whatever the proper role for Govern- monitoring the health care industry. need them. We know that some Ameri- ment in the health care debate, we And what are the options? cans think their health care plans care must assure that it does not increase Many in Congress seem to think the more about cost than they do about health insurance premiums, reduce the answer is Government, so let us talk quality. These are real fears of unac- number of people who have health in- about Government overseeing health ceptable conditions. We must do better. surance coverage, or create massive care. I can think of a few examples of I think we can do better. new bureaucracies that will harm the government’s bad track record. We But the way to do better is not by po- health care quality. have the Indian health care in New liticizing health care quality or en- Why are these things important? Mexico and Oklahoma. There is an In- trusting Government bureaucrats with Well, let us take a look at cost. We dian hospital in Oklahoma right now policing health insurers. The way to do have a bill pending in Congress—the that provides, I am going to say, pa- better is to emphasize what makes our Patients Access to Responsible Care thetic service. And it happens to be system the best in the world—employ- Act—and that is a pretty nice title. It bankrupt. We have had this problem, in ers who insist their employees have ac- is one of many that attempts to ad- addition to Medicaid and veterans hos- cess to the best plans, doctors and hos- dress health care by expanding Govern- pitals and on and on and on. I mention pitals who aspire to excellence, and in- ment control. But a recent study con- that Government facilities, 100 percent formed consumers who will not settle cluded that provisions in that bill Government-run facilities, are not the for anything less than the best. Quality alone would raise premiums by an av- solution. It is probably some of the health care cannot be managed and di- erage of 23 percent. That was done last poorest quality of health care, not the rected from Washington, DC. year, 1997, by Milliman and Roberts. best quality of health care. We want to Unfortunately, Mr. President, in the Let us take a look at what that improve quality, not reduce quality. rush to respond to both real and per- means. To the average family, that is Some of the Nation’s leading health ceived problems in managed care, an increase of about $1,220 per year. care facilities today are expressing members of both parties have intro- That is over $100 per month. That is their concerns about Government over- duced comprehensive proposals which real money. And I think a lot of fami- sight. I am thinking of the Mayo Clin- potentially threaten—not enhance—the lies cannot afford that. ic, Baylor Health Care System, and the quality of health in our health care Cost is a very real issue. We do not Cleveland Clinic. They are all raising system. want health care costs and prices to their voices in opposition to more Fed- Some of my colleagues may ask how rise. We already know from the Con- eral regulation of health care quality. I I can make such a statement. You only gressional Budget Office that without would like to share with my colleagues have to look back to the end of the any additional regulations at all, the a few of their comments. I will ask 104th Congress to illustrate my point. growth in private health care pre- unanimous consent that their letters A majority of Congress supported an miums will be about 5.5 percent in 1998. be printed in the RECORD following my effort last year to mandate that all in- That is up from 3.8 percent in 1997. So statement. surance plans cover 48-hour maternity why in the world would we want to do Baylor Health Care System—I will stays in hospitals. Many of my col- anything that would accelerate the in- just read a couple of the paragraphs. It leagues on both sides of the aisle felt crease? I do not think we should. says: that it was socially unacceptable to No. 2, we do not want to do anything There has been an enormous commitment discharge newborns and mothers from that will drive people from health in- on the part of Baylor Health Care System surance. and providers throughout the country to the hospital after only 24 hours and evaluate and put in place the processes for crafted legislation largely around so- For a long time we have heard people continuous quality improvement. We believe cial opinion. beat up employers for not offering it must be done at this level. Providers of Many Members felt great about vot- health care to their employees. But care are in the unique position, based on ing for something positive for women what are the facts? Well, someone their personal commitment to the well-being

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S681 of the individual patient, to drive quality new bureaucracies that will harm I ask unanimous consent the letters improvement initiatives. Nothing could sti- health care quality. previously mentioned be printed in the fle innovation quicker than external manda- We have a real challenge ahead. We RECORD, in addition to a letter that is tory standards. have to figure out how we can best ad- signed by the American Medical Ac- * * * * * dress the very real complaints and con- creditation Program, the Joint Com- We strongly believe that the private sector cerns of the American people while not mission on Accreditation of Health is heavily committed and working very dili- rushing to pass legislation that will ex- Care Organizations, and the National gently on continuous quality improvement acerbate the problems or create new Committee for Quality Insurance. and that this will bring about the best out- There being no objection, the letters come for the patients and communities we problems altogether. serve. To that end, our majority leader has were ordered to be printed in the RECORD, as follows: The Cleveland Clinic—one paragraph instructed me to take a hard, honest says: look at issues that affect health care AMERICAN MEDICAL ACCREDITATION quality. At his instruction, I have put PROGRAM, Second, we are already subject to extensive January 28, 1998. federal, state and private regulations together a health care quality task force to examine the problems in our Hon. DON NICKLES, through oversight by private payors and ac- Senate Majority Whip and Assistant Majority crediting bodies. Adding yet another layer of current system. Senators ROTH, Leader, regulation will only further complicate mat- CHAFEE, COATS, COLLINS, FRIST, Washington, DC. ters, add administrative costs to our organi- SANTORUM, HAGEL and myself will be DEAR MAJORITY WHIP NICKLES: As the na- zation, and in all likelihood have little or no working together to find real answers tion’s leading independent health care ac- effect on the actual quality of care provided. to hard questions. crediting organizations, we are writing to Dr. Bob Waller of the Mayo Clinic I know some of my colleagues have recommend an alternative approach to cer- has stated: introduced legislation and they have tain quality oversight provisions contained both in proposals now before Congress and in Quality is a continuous process that must very good intentions. We want to work be woven into the fabric of how we think, act the preliminary recommendations of the with those colleagues, but again we Presidential Advisory Commission on Con- and feel. Government regulation places a want to make sure that we don’t pass sumer Protection and Quality in the Health stake in the ground that freezes in place a legislation that increases health care Care Industry. quality standard that may become obsolete First, we would like to commend both this very quickly. The Government simply can- costs, we want to make sure we don’t pass legislation that will put millions Congress and the Commission for taking up not react quickly to the changing quality en- the issue of health care quality and con- vironment. The goal of quality is to continu- of people into the uninsured category sumer protections. Our health care system ously improve patient care—not to achieve for the first time. That would be a real continues to undergo dramatic change, and some defined regulatory standard. mistake, and we don’t want to pass leg- there is a pressing need to answer the On January 28, several organiza- islation that will increase bureaucracy public’s concerns with better information, tions—including the Joint Commission and reduce quality health care. improved oversight, and increased choice. on Accreditation of Health Care Orga- Mr. President, we have a big chal- Critical to these efforts will be enhanced nizations, the National Committee for lenge: We will ask what the real-life consumer protections, and all three of our organizations stand ready to work with this Quality Insurance and the American impact of proposals like PARCA and Congress and the Administration to see that Medical Association—sent a letter to President Clinton’s Consumer Bill of this happens. the President and Republican leader- Rights has on cost and on coverage. Separate from the issue of consumer rights ship stating their concern and opposi- What will it mean to quality? We will and protections, however, is the attempt by tion to the Federal Government pre- ask whether Americans, given the some to preempt private sector accreditation empting the private sector and cre- choice, would rather have cutting edge and performance measurement activities with proposals that favor the creation of new ating new Federal agencies and enti- institutions like Johns Hopkins setting federal agencies and entities. Because these ties. Specifically, they said quality trends in health care quality or the proposed federal agencies and entities would would: folks at the Department of Labor, or be charged with establishing minimum cri- * * * become hamstrung by political con- the Health Care Finance Administra- teria for accreditation and core sets of per- siderations, with the practical effect of re- tion. We will ask whom Americans formance measures, we have a keen interest tarding innovation and advance in the field should trust to monitor health care in their potential outputs. Our basic concern of accreditation and performance measure- quality. Should the Federal Govern- is that this output will become hamstrung ment. In our experience, the private sector is by political considerations, with the prac- ment do it or independent organiza- tical effect of retarding innovation and ad- more capable of keeping pace with the rapid tions who have been studying the issue changes in health care delivery and medical vances in the field of accreditation and per- practice that affect quality of care consider- and setting the pace for many years? formance measurement. In our experience, ations. Therefore, we cannot support pro- It is incumbent upon us as elected the private sector is more capable of keeping posals that might have the unintended effect leaders to address these questions fair- pace with the rapid changes in health care of undermining marketplace incentives for ly, honestly, openly, and with an eye delivery and medical practice that affect rigorous accreditation programs and robust toward what is best for the health of a quality of care considerations. Therefore, we cannot support proposals that might have performance measures. nation and not what is politically expe- the unintended effect of undermining mar- Mr. President, I don’t think the Gov- dient. ketplace incentives for rigorous accredita- ernment is the best caretaker of health Our objective at the very minimum is tion programs and robust performance meas- care quality. I’m much more inclined to do this: Ensure that Congress in its ures. We believe that the work of accreditors to trust the independent organizations haste to do good does not cause an in- should be highlighted and encouraged. like the Joint Commission on Accredi- crease in the cost of health insurance, As an alternative to these new federal bu- reaucracies, we are intent on together devel- tation of Health Care Organizations that we do not pass legislation that oping a comprehensive quality measurement and the National Committee for Qual- will unintentionally force individuals and reporting strategy that engages con- ity Insurance. Because the Government to give up their coverage, and we want sumers and private and public sector pur- alternatively leaves oversight to the to protect consumer quality by ensur- chases; minimizes duplication; and maxi- folks at the Department of Labor and ing that the best possible caretakers mizes the incentives for organizations and the Health Care Finance Administra- are monitoring the quality of your individuals to undergo accreditation and re- health care, and not bureaucrats at the port standardized performance information. tion—who, I might mention, took 10 Our organizations have recently engaged in years to implement a 1987 law estab- Department of Labor or at HCFA. some noteworthy collaborative efforts such lishing new nursing home standards; Mr. President, I want to make some- as the National Patient Safety Foundation; who have not bothered to change the thing very clear. This Republican Con- the Joint NCQA–JCAHO Work Session on fire safety standards for hospitals since gress will not hijack the quality of our Protecting Patient Confidentiality in a Man- 1985; and—in a most egregious in- Nation’s health care for political gain. aged Care Environment; cross-representation stance—who are running end-stage We will, however, thoroughly and on the AMAP governing body; and coordina- tion among our respective performance renal disease facilities under Medicare thoughtfully debate this issue and en- measurement councils. We intend to build on using 1976 health and safety standards. sure that Americans continue to enjoy these ventures and ones already ongoing I think the answer is plain. We will the highest quality health care in the with others to keep excellence in patient not and we must not create massive world. care our number one priority.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S682 CONGRESSIONAL RECORD — SENATE February 12, 1998 We believe the federal government should CLEVELAND CLINIC FOUNDATION, Englander, whom I greatly admire, for reward high quality health plans and pro- Cleveland, OH, February 11, 1998. including some very important provi- viders. As the largest purchaser of health Hon. DON NICKLES, sions in S. 1173, the Intermodal Surface care services, the federal government must U.S. Senate, Washington, DC. Transportation Efficiency Act of 1997, take a leadership role in value-based pur- DEAR SENATOR NICKLES: The Cleveland chasing. The federal government is already Clinic Foundation, a not-for-profit health or ISTEA II. In my statement today, I benefiting from closer coordination with pri- care organization devoted to patient care, will focus on the important provisions vate sector accreditation bodies, and the education and research in care for the ill, in the committee-reported bill that Balanced Budget Act of 1997 contains provi- has serious reservations about many of the will expedite the delivery of des- sions for even greater collaboration. How- bills now pending in Congress to regulate perately needed transportation ever, in addition to using those private sec- quality in health care delivery. Our reserva- projects to the American people—that tor accreditation and performance measure- tions are twofold. is, if we ever get the opportunity to de- ment tools developed by organizations such First, quality is an elusive matter to quan- bate and amend and adopt this impor- as ours, the federal government must pro- tify. Individual’s versions of quality may gressively adopt the posture of leading pri- vary considerably from their perspective of tant bill. vate-sector purchasers and insist on high the health care system. A physician’s em- I think most members would agree quality care for the 67 million Medicare and phasis, for example, is on the content of the that addressing environmental issues Medicaid beneficiaries and the 9 million fed- care provided; a patient may judge quality in this body in a strong bipartisan way eral employees, retirees, and their depend- more by the process of care delivered. In is—to say the least—difficult. Yet, Sen- ents. both instances, the standards are in flux as ator CHAFEE has managed to accom- We appreciate your consideration, and both the quality and process are constantly plish what few Senators have been able stand ready to work with this Congress and changing in response to new learning and to do—craft legislation that enjoys the Commission to build upon the successes new ways of better relating to patients and strong support from Senators on both of private sector accreditation without inter- their families. fering in the operation of a marketplace that Second, we are already subject to extensive sides of the aisle that would help put has produced programs as rigorous as ours. federal, state and private regulations order and efficiency in the way trans- Please do not hesitate to contact any of our through oversight by private payors and ac- portation projects are reviewed by both offices. crediting bodies. Adding yet another layer of state and federal agencies, and as a re- Sincerely, regulation will only further complicate mat- sult, reduce the time it takes to plan a DENNIS S. O’LEARY, MD, ters, add administrative costs to our organi- project by as much as three years. President, Joint Com- zation, and in all likelihood have little or no The ISTEA bill as reported by the mission on the Ac- effect on the actual quality of care provided. Environment and Public Works Com- creditation of We would urge that Congress proceed cau- Healthcare Organi- tiously as it begins its debate about whether mittee, recognizes that every day zations. federal authority should be expanded in this counts when planning and constructing MARGARET E. O’KANE, important but necessary complex area of pa- a highway or bridge in this country are President, National tient care. undertaken. The problem that was ad- Committee for Qual- Sincerely, dressed in S. 1173 is a serious one. It ity Assurance. FLOYD D. LOOP, M.D. now takes ten years to plan, design, RANDOLPH D. SMOAK, JR., The PRESIDING OFFICER. Under and construct a typical transportation MD, project in this country. I am sure that Chair, American Med- the previous order, the Senator from ical Accreditation New Mexico is recognized to speak up if Senators contacted their own state Program. to 45 minutes. transportation departments, they Mr. DOMENICI. Mr. President, I may would be disturbed to find the number BAYLOR HEALTH CARE SYSTEM, not use that 45 minutes. I expect five of transportation projects that are Dallas, TX, February 11, 1998. or six Senators to join me and they being delayed due to overlapping and Hon. DON NICKLES, have given me their statements. If they often redundant regulatory reviews and Assistant Majority Leader, U.S. Senate, do not come I will place their state- processes. These delays increase costs Washington, DC. DEAR SENATOR NICKLES: First, let me ments in the RECORD. and postpone needed safety improve- thank you very much for your leadership and (The remarks of Mr. DOMENICI, Mr. ments that would save lives. One of the for your commitment to health related CLELAND, Mr. DODD, Mr. COCHRAN, Ms. lives it saves may be yours. Think issues, specifically the matter of quality MIKULSKI, AND Mr. KEMPTHORNE per- about it. I can tell my colleagues that, health care. taining to the introduction of S. Res. in my state of West Virginia, these nu- There has been an enormous commitment 176 are located in today’s RECORD under merous regulatory reviews have de- on the part of Baylor Health Care System layed critical improvements to the two and providers throughout the country to ‘‘Submission on Concurrent and Senate evaluate and put in place processes for con- Resolutions.’’) most dangerous segments of roadway tinuous quality improvement. We believe it Mr. BYRD addressed the Chair. in the state. must be done at this level. Providers of care The PRESIDING OFFICER (Mr. Why does it take so long to plan a are in the unique position, based on their HAGEL). The Senator from West Vir- project? These delays are occurring be- personal commitment to the well being of ginia is recognized. cause the development of a transpor- the individual patient, to drive quality im- Mr. BYRD. Mr. President, how much tation project involves multiple federal provement initiatives. Nothing could stifle time do I have? and state agencies evaluating the im- innovation quicker than external mandatory The PRESIDING OFFICER. The Sen- pacts of the project and possible alter- standards. Quality improvement is the key strategic ator has one hour. natives, as required by the National objective for Baylor Health Care System. An Mr. BYRD. Mr. President, I ask unan- Environmental Policy Act (NEPA). example is the creation of our Institute for imous consent that any time that I do While it would seem that the NEPA Quality which is driven by the board of not use of my hour be reserved for later process would establish a uniform set trustees, physicians and senior management in the day. of regulations and procedures for the and extends throughout our organization. On The PRESIDING OFFICER. Without submission of documents nationwide, a community level, we are involved with the objection, it is so ordered. this has not been the case. Dallas-Ft. Worth Business Group on Health For example, the Environmental Pro- in building quality initiatives. f We strongly believe that the private sector tection Agency, U.S. Corps of Engi- THE INTERMODAL SURFACE neers, U.S. Coast Guard, U.S. Fish and is heavily committed and working very dili- TRANSPORTATION EFFICIENCY gently on continuous quality improvement Wildlife Service, and their companion and that this will bring about the best out- ACT state agencies each require a separate come for the patients and communities we Mr. BYRD. Mr. President, I rise to review and approval process, forcing serve. commend the members of the Com- separate reviews guided by separate Again, we appreciate your support and mittee on Environment and Public regulations and requiring planners to look forward to working with you on this important issue. Works, and especially the distinguished answer separate requests for informa- Sincerely yours, chairman of the committee, my lovable tion. Moreover, each of these agencies BOONE POWELL, Jr., colleague from Rhode Island, Senator issues approvals according to separate President. JOHN CHAFEE, that old crusty New schedules. The result: the time period

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S683 from project beginning to completion ‘‘ . . . a State shall not— money, and they will save lives. Yet, has grown to at least 10 years in many It doesn’t say ‘‘may not.’’ because we have not begun consider- instances, and that assumes that the ‘‘ . . . a State shall not obligate any ation of the bill in this session, not one project is not controversial and that funds for any Federal-aid highway pro- of these gains has become a reality. adequate funding is available. If either gram project after May 1, 1998 . . . .’’ The single most important factor that of these assumptions is not the case, Let me read it again. This is the lan- will determine the timeliness of the time period may be even longer. guage in the law which the Senate and project delivery in 1998 will be the The highway bill reported by the En- House passed and which the President timely reauthorization of ISTEA —the vironment & Public Works Committee signed. Here is the language: 6-year highway reauthorization bill. effectively improves the project plan- ‘‘ . . . a State shall not obligate any So the time bomb is out there. It is ning process by establishing a coordi- funds for any Federal-aid highway pro- in that language that I read a moment nated environmental review procedure gram project after May 1, 1998 . . . .’’ ago from the law. The American people within the U.S. Department of Trans- As I say, counting today, and May 1, cannot afford to wait even 1 day past portation. This change would allow all also, we have only 42 days in which the May 1 for the United States Congress reviews, all analyses, and all permits Senate will be in session, not counting to reauthorize ISTEA. The U.S. Senate to be performed concurrently and coop- Sundays, not counting Saturdays, not has the time now to consider ISTEA, eratively within a mutually-agreed- counting holidays. We have 42 session and that is what we should do. upon schedule, by both the federal and days. The time bomb is ticking. How much time do I have remaining, state agencies with jurisdiction over The clock is ticking. The days are Mr. President? the project. Effective environmental counting down now before this dead- The PRESIDING OFFICER. The Sen- coordination, as envisioned under the line. If an ISTEA reauthorization bill ator has 43 minutes remaining. ISTEA bill, would result in less staff is not enacted by midnight on May 1, Mr. BYRD. I thank the Chair. time and less expense for all the agen- highway program obligations will Let me close for now with a passage cies and stakeholders in the NEPA cease and projects will not move for- from the Book of Isaiah, 58th chapter process and reduce the time it now ward. and the 12th verse. And I read only takes in reaching a final decision with Any delay in the planning and con- from the King James version of the respect to receiving project approvals struction phases of a project may cause Bible. In all probability, that is the and permits. the price of the project to rise consid- version that our forefathers brought The committee studied a problem, erably. In addition, a delay in federal over on the Mayflower—the King James the committee sought a solution, and funding can cause a logjam of projects version. Read these other versions, and the committee put that solution in to be let for bidding, resulting in a they will say, ‘‘In my father’s House their bill. I understand that further im- ‘‘crowding’’ of a large number of pro- are many dwelling places.’’ But the provements to those provisions may be posed projects into the latter part of a King James version says ‘‘In my fa- offered on the Senate floor, if and when construction season. ther’s House are many mansions.’’ Ah, we finally take up and debate S. 1173, The construction seasons are soon how much more beautiful is that ele- the 6-year highway authorization bill. going to be upon us, when gant language! But here is the problem: we are not The lark’s on the wing; I read now from the King James considering S. 1173. We are not consid- The snail’s on the thorn; version of the Bible, 58th chapter and ering the 6-year highway authorization God’s in his heaven— the 12th verse. All’s right with the world. bill. When will the bill be brought up? And they that shall be of thee shall build the How long, Mr. President, must we Spring will be here. But will a 6-year old waste places: wait? Every day counts when planning highway authorization bill have been thou shalt raise up the foundations of many and constructing a transportation passed? generations; project. But soon, there will be no This increased workload may strain and thou shalt be called, The repairer of the more days to count because the pro- the capacity of the construction indus- breach, gram—the short-term, 6-month high- try and subsequently increase the cost The restorer of paths to dwell in. way authorization measure—will have of projects. Mr. President, I urge the majority expired and the funds will have dried Stopping the Federal-aid highway leader to be the ‘‘Repairer of the up. Counting today—counting today— program, even for a brief period, will Breach’’ by calling up ISTEA now, so there are only 42 session days remain- also impact project delivery schedules that we may be one step closer towards ing through May 1. in the long run. If preliminary engi- enacting the provisions called for in S. So, we count today, and we count the neering and design work is not allowed 1173 that would help accelerate the de- day of May 1. And counting these 2 to proceed, then construction will not livery of vitally-important transpor- days, there are only 42 session days re- occur and, in fact, will be deferred into tation projects to the American people. maining. The time bomb is ticking. a second construction season, thus Let me say again as I have said here You can hear it tick. And with every crowding out and delaying projects before, I have been majority leader. I tick a minute, an hour, a day will be that were planned for the second year. was majority leader during the years gone. The time bomb is ticking—tick, Such a delay would have a ripple ef- 1977, 1978, 1979, and 1980, and I was tick, tick, tick. No projects will be de- fect—a ripple effect—from which it again the majority leader during the livered under any review process after may take years for states to fully re- 100th Congress in 1987–1988. I know the May 1, because that is the drop-dead cover. Remember, we are talking about pressures that are on any majority date in the short-term extension legis- critical transportation projects de- leader. I have felt them. I have walked lation presently in place, beyond which signed to improve highway safety, re- in those same footprints that other no State may obligate any Federal dol- duce traffic congestion, and clean our majority leaders have tread on the lars. air. sands of time. I know that it is very Let’s pause to read the language that We hear much about global warm- difficult, and many times impossible, is in the law—the law which Congress ing—much about global warming. This to adhere to the wishes, to the pleas of passed last November and which was is the place to start. Pass a highway those who implore, those who beseech, signed by President Clinton on Decem- bill. Cut down on the traffic conges- those who importune the majority ber 1 of last year. Read the language in tion, the traffic jams, and the long leader to do this, to do that, to do the law. Read the language, I say to lines of cars. Cut down on the pollution something else. The majority leader the Governors and the mayors and the that is filling the air while those cars cannot please everybody. highway agencies and to Senate and sit and idle and the time bomb ticks This is not a partisan bill. This is a House Members. Read it. Here it is. I away. nonpartisan bill. There is no partisan- now read from Public Law 105–130: The The programmatic reforms in the ship in this bill. There is no partisan- Surface Transportation Extension Act committee-reported bill that I have ship in the amendment that I have of- of 1997. Here it is. Read it. Hear me as discussed here are very important. fered with Senator Gramm, Senator it is: They will save time, they will save Baucus, and Senator Warner as the

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S684 CONGRESSIONAL RECORD — SENATE February 12, 1998 chief cosponsors. There are 54 Members The PRESIDING OFFICER. Without At a troubled moment in our nation’s of the Senate who are cosponsoring the objection, it is so ordered. history, he gave a voice to the growing Byrd-Gramm-Baucus-Warner amend- Mr. GRAMS. I thank the Chair. number of Americans who felt out of ment, and they are from both sides of f place with the politics of the time. the aisle. They are Republicans and America is a place of inclusion, they THE LINCOLN LEGACY Democrats, about evenly divided, I argued, not exclusion. A place of free- would say, among those names that are Mr. GRAMS. Mr. President, I rise dom, not of slavery. The United States on that amendment. today, on the 189th anniversary of his must stay united, they said, not sev- There is no partisanship here. There birth, to pay tribute to an American of ered into disparate parts. Abraham is no partisanship in my urging the commonsense ways and uncommon Lincoln spoke for what America was majority leader to call up ISTEA—no character. meant to be when he spoke of inclu- partisanship. I know he is under great Let me read to you from the auto- sion, unity, and equality, and by the pressure from some of the Senators on biography of Abraham Lincoln, which sheer force of his single-minded dedica- the Budget Committee, including, I am he penned in December of 1859. tion, his voice kept the Union from sure, the distinguished chairman, Mr. I was born February 12, 1809, in Hardin splintering forever apart. DOMENICI, a man who has one of the County, Kentucky. My parents were both If any one man is responsible for pre- finest brains in this Senate. He does born in Virginia, of undistinguished fami- serving the nation during the Civil not want the ISTEA bill brought up, he lies. . . War, that man is Abraham Lincoln. There was absolutely nothing to excite am- ‘‘Important principles may and must and Mr. CHAFEE. Mr. CHAFEE has said bition for education. Of course, when I came so. So I am not saying anything behind of age I did not know much. Still somehow, be inflexible,’’ said President Lincoln their backs that I would not say any- I could read, write, and cipher to the Rule of in his last public address, delivered in where. They prefer to wait until the Three; but that was all. I have not been to Washington, and for that unflinching budget resolution is called up. school since. commitment, his detractors hated him. Mr. President, the country needs a 6- The little advance I now have upon this Lincoln was unfit, they said, ‘‘shat- year highway authorization bill, and store of education, I have picked up from tered, dazed, utterly foolish’’ . . . ‘‘a the time is ticking. Failure to call it time to time under the pressure of necessity. political coward’’ . . . ‘‘timid and arro- up will only undermine the very nec- Lincoln concluded his autobiography gant.’’ And those were the words of his essary progress that this bill is de- just four paragraphs later with these fellow Republicans. Outside his party, signed to make. words: ‘‘There is not much of it, for the they labeled him ‘‘a mole-eyed monster I believe that if the majority leader reason, I suppose, that there is not with a soul of leather’’ and ‘‘the were left to his own pursuits—he has much of me.’’ present turtle at the head of the gov- not told me this—he would call this That was in 1859, one year before the ernment.’’ bill up. But my good friend, Senator election that thrust Abraham Lincoln But his simple words and powerful re- DOMENICI, is a very powerful Senator. into the Presidency—before the Civil solve endeared him to the people, who He was here a moment ago. He will be War broke out and helped crystallize looked on him as ‘‘Honest Abe,’’ a back later today. And I am not saying all that he believed about his nation— straightforward and sympathetic lead- anything to make him feel that I am before everything he believed about er. He was their president, but he was taking any advantage of him. But if he himself was tested. also one of them. So, it was a brutal would just leave it to the majority Never again could Abraham Lincoln shock to the country when he was shot leader, I think we would get this bill truthfully make the claim that ‘‘there to death just ten blocks from here, dur- up. That is my own opinion. is not much of me.’’ ing an evening performance at FORD’s Mr. President, failure to take up the Mr. President, on the 150th anniver- Theater. bill, as I say, will undermine the very sary of Lincoln’s birth, poet and biog- Mr. President, poised on the edge of necessary progress that that bill is try- rapher Carl Sandburg traveled here to the Reflecting Pool on the National ing to make, and it deprives me and the Capitol in 1959 to address a joint Mall, overlooking Washington from its other Senators from calling up amend- session of both Houses of Congress. place of honor, rests a graceful tribute ments to that bill. Our transportation The description he painted that day to our sixteenth president. Outside, the system, our people’s safety, and the of the man born in Hardin County, Lincoln Memorial possesses the lines of country’s economy all await action by Kentucky, was delivered in words far a classic Greek temple—inside, you the Congress on the 6-year highway au- more eloquent than any I could offer will find the soul of an American pa- thorization bill. What are we waiting up: triot. Lincoln himself rises 19 feet to- for? How long, Mr. President, how long He said, ward the sky, sculpted in Georgia will we have to wait? How long? Not often does a man arrive on earth who White marble, larger than life, his eyes Mr. President, how much time do I is both steel and velvet, who is as hard as forever focused forward. He cannot have remaining? rock and soft as drifting fog, who holds in his speak, but the walls speak for him. The PRESIDING OFFICER. The Sen- heart and mind the paradox of terrible storm Etched into the stone around him are ator has 35 minutes remaining. and peace unspeakable and perfect. . . his words, and each time I visit I am The people of many other countries take struck by the visual marriage of man Mr. BYRD. How many minutes? Lincoln now for their own. He belongs to The PRESIDING OFFICER. Thirty- them. He stands for decency, honest dealing, and message. One phrase in particular five minutes. plain talk, and funny stories. . . Millions always makes me pause, a quotation Mr. BYRD. I thank the Chair. I re- there are who take him as a personal treas- from Abraham Lincoln’s Second Inau- serve that time until later in the day. ure. He had something they would like to see gural Address, spoken just 28 days be- The PRESIDING OFFICER. The Sen- spread everywhere over the world. fore his assassination: ator has that right. Democracy? We cannot say exactly what it With malice toward none, with charity for Mr. BYRD. I yield the floor. I suggest is, but he had it. In his blood and bones, he all, with firmness in the right as God gives the absence of a quorum. carried it. In the breath of his speeches and us to see the right, let us strive on to finish writings, it is there. Popular government? the work we are in. The PRESIDING OFFICER. The Republican institutions? clerk will call the roll. Government where the people have the We have come so far as a nation since The legislative clerk proceeded to say-so, one way or another telling their those words were first spoken. More call the roll. elected leaders what they want? He had the than one hundred years have passed Mr. GRAMS. Mr. President, I ask idea. It is there in the lights and shadows of since brother last took up arms against unanimous consent that the order for his personality, a mystery that can be lived brother, and we are no longer divided the quorum call be rescinded. but never fully spoken in words. by allegiance to a Confederate or Union The PRESIDING OFFICER. Without Mr. President, there are many Amer- flag. By heritage, we are black Ameri- objection, it is so ordered. ican leaders I admire—for their convic- cans, white Americans, Italian Ameri- Mr. GRAMS. Mr. President, I also tions, their passion, and their pursuit cans, Polish Americans, Norwegian ask unanimous consent to be allowed of truth—but Abraham Lincoln towers Americans—and united under the Con- to speak for up to 10 minutes. above most all of them. stitution, we are simply Americans.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S685 Abraham Lincoln did not live to finish there. I am not sure that we have been, are giving you security against Russia, the work he began, but the pursuit of really, in dealing with this issue. and clearly we are implying, certainly liberty and inclusion he inspired in a For example, let’s begin at the outer indirectly if not directly, that Russia nation has endured. reaches of the question from a terri- may be the threat. More than once in the million re- torial or geographic perception. Let’s So you can understand that Russia corded words he left behind, Abraham look at Russia. Clearly our capacity to might view a push to expand NATO at Lincoln considered his death and the deal with Iraq requires our capacity to the same time as we are asking them reputation that history would accord encourage support amongst other na- to support us in Iraq as being incon- him. In keeping with everything else tions for our position. We have had sistent and a bit ironic. And it reflects, we know about the man, however, he fairly limited success in that. In fact, unfortunately, I think, this adminis- sought not a legacy, but his place in you might almost call this administra- tration’s failure to understand the humanity. ‘‘Die when I may, I want it tion’s approach to alliance relative to linkage—and linkage is the right said of me that I plucked a weed and Iraq as the English-speaking approach, term—between working with a nation planted a flower wherever I thought a because, as far as I can tell, it appears like Russia and our capacity to do flower would grow.’’ Mr. President, to be only English-speaking countries things in the Middle East and moving Abraham Lincoln plucked many weeds who are supporting this administra- forward with the NATO expansion at during his too-brief life, and sowed a tion’s present policies in an open man- the exact same time. Yet, if you were great garden of humanity in their ner. to listen to the leadership of this ad- place. On the anniversary of his birth, There are a few of the gulf states ministration, they will tell you that we celebrate the towering truths we that have supported us, which is some- there is no relationship, they have no have reaped from his planting. thing we should not underestimate. overlap on those two issues. Of course I thank the Chair. I yield the floor. But as a practical matter, I have noted that is not true, and that is one of the Mr. GREGG. Mr. President, I under- with a great deal of sadness, actually, reasons we are having problems with stand we are in morning business. I that the White House was taking great Russia. seek recognition. pride in the fact that yesterday it had It is equally a reason that we are The PRESIDING OFFICER. The Sen- been joined by Australia in support of having problems with our former Arab ator is correct. The Senator may speak its position. That’s what they were her- allies. Just yesterday or the day before up to 10 minutes. alding. We greatly appreciate Aus- yesterday—I lose track of the calendar f tralia’s support and admire them as a here when we go to Egypt—but the nation. But I think we also recognize Arab League met in Cairo, and they en- ADDRESSING IRAQ IN CONTEXT that in the issue of the Middle East, it dorsed the French and Russian pro- Mr. GREGG. Mr. President, we as a is not Australia that is important; it is posal, which was essentially a restate- nation are obviously wrestling with the nations such as Russia and our former ment, to a marginal degree, of the Iraqi issue of how to address the events pres- Arab allies. I say former Arab allies be- proposal, as a league. The Arab League ently occurring in the Middle East, cause it appears that that is no longer endorsed that as a league. Why would specifically as they relate to Iraq. The the case—such as Saudi Arabia and they do that? Because the Arab League Congress has considered taking up a Egypt, who are critical, and Turkey. essentially is dominated by Egypt, resolution, which has been passed But in the area of Russia, for exam- which has been our ally and which cer- around and reviewed by many of us, ple, this administration appears to tainly, in many ways, is a friend of our but for a variety of reasons it does not think that they can go to the Soviets— Nation. I am a great admirer of the appear that we are going to take such to Russia, my mistake—and demand Egyptian people. They have certainly a resolution up during this week, and that Russia follow our policies in Iraq worked hard as a nation to try to bring since we are adjourning, we will not be and insist on their support on Iraq, but about a constructive result, or progress taking it up next week either. So I did at the same time this administration in the Middle East in their relationship want to make a few comments on this proposes an expansion of NATO. You to Israel ever since President Sadat issue, because it is clearly the question have to recognize, if you were a Rus- and through the present leadership in of most significance that faces our sian leader, you would find a certain Egypt. country at this time. irony in a request that was coupled in You wonder why the Arab League I do not believe that we can address that terminology. Because, of course, would openly endorse the French and the question of how we deal with a dic- an expansion of NATO, especially to Russian program? Essentially, they do tator such as Saddam Hussein in isola- Poland, is an expression that can only it because of the situation that pres- tion. We have to look at the question be viewed in Russia with some concern ently exists in Israel and Palestine, the in the context of the other nations and possibly viewed by some as an out- fact that the peace process is, for all which surround Iraq and in the context right threat. intents and purposes, dead. Yet, if you of the history which has led us to this NATO expansion is represented to us were again to listen to this administra- point. This is especially true when we here in the United States as simply: tion, as the Senator in the chair has deal with Iraq—or any nation in that Well, let’s ask these three nice nations pointed out in a number of conferences region of the world—because the his- in Eastern Europe to join us in our alli- that we have had, this administration’s tory of that region is so convoluted and ance. But, of course, NATO is a secu- attitude is that there is no relationship involves so many crosscurrents, it rity issue. It is an alliance made for between the peace process in Israel and being, quite literally, the crossing the purposes of defending nations from Palestine and the question of Iraq. Of point of thousands of years, of genera- threat, military threat. It is not an course, there is. They are intimately tions of individuals, of numerous cul- economic group, as everybody has related. In fact, if we were able to tures both East and West, Bagdad spe- noted for many years. As a practical make progress or to get back on line cifically being the center, for literally matter, the capacity to expand NATO the process of peace between Israel and centuries, of commerce from the east means that you are essentially saying Palestine, we would probably relieve to the west and from the north to the to these nations that they are joining, dramatically the tension in that part south. As a result, it was a place where for the purposes of their own national of the world and it would inevitably many cultures merged. security, against some threat. What is lead to having support from Egypt and Therefore, when we as a nation, a the threat in Eastern Europe? Of Saudi Arabia, the key allies, on the new nation in the context of dealing course, the threat in Eastern Europe issue of how we address Iraq. with the Middle East, set ourselves has always been either Russia or Ger- So the failure of this administration down in the center of that part of the many. Since Germany is a member of to understand, again, the linkage be- world, I think we have to be aware of NATO and is not a threat, clearly an tween those two issues is a failure of the variety of forces which come to expansion of NATO is addressing the fundamental proportions in their ca- bear as a result of the historical events threat from Russia. Therefore, when we pacity to address the Iraq issue. and prejudices and attitudes and cul- ask Poland especially to join us in The third area that this also reflects tures and religions that confront us NATO, we are saying to Poland that we is the issue of Turkey. Turkey is not

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S686 CONGRESSIONAL RECORD — SENATE February 12, 1998 discussed a great deal in our Nation Iran the more moderate elements, we wise be used against our neighbors. and it should be discussed more be- will, over a period of time, see, I be- Some may be horrific. We may find cause Turkey is a unique and special lieve, a collapse of the fundamentalist that Saddam Hussein uses his weap- nation in relationship to ourselves. energy from within and a rising of a onry in some other theater or some Throughout the cold war, Turkey was state which will be responsible. But other place. It may even be here in the essentially the front line. It was a na- this administration has passed over a United States. But those are unin- tion which did not really ask for much, series of opportunities to promote that tended consequences, because there ap- yet gave us its alliance and its assist- option, which has been unfortunate. pears to be no intended consequences. ance. We have truly, as a nation, and If you are going to contain Iraq, then Literally, there are no intended con- this administration, as an administra- you must understand that in the proc- sequences. If the intended consequence tion, has truly treated Turkey poorly. ess of containing Iraq, you must neu- is not to replace him and the intended This goes to the issue of Cyprus and it tralize Iran as a threat to the region. consequence is not to destroy the goes to the issue of Greece. Yet if you Because if you were to eliminate Iraq weapons, what is the intended con- were to ask this administration, what as a force within their region, you sequence of military action? I don’t is the relationship between the Turk- would create a vacuum into which a know what it is. Therefore, before we ish-Greek issue and the Cyprus issue fundamentalist Iran would step and be go forward with a resolution in this and the capacity to deal with Saddam a threat to its neighbors of even great- body—and I understand that we are not Hussein, they would say that there is er proportions—greater proportions— going to do that this week—before we none, that there is no relationship than Iraq is. So, reflecting adequately go forward with a resolution in this there. That is maybe why they have on how we deal with Iran, and ap- body, I believe we have to bring some abandoned the effort to bring to resolu- proaching Iran as part of the solution definition to the purpose of the proc- tion that very critical issue of inter- to how we deal with Iraq, is critical, ess. national importance. Yet we find today critical to the capacity to take on the I believe, first, we have to recognize that Turkey, again, is hesitant to Iraqi issue. Yet this administration, in and we have to retouch our allies and allow us to use its bases in order to ad- my opinion, has once again left the ball our friends and people who should be dress the Iraq issue. on the side of the field when it comes our allies and our friends. We have to So, three major elements of the ca- to understanding or pursuing that go back to Russia and understand their pacity to address the Iraq issue in a co- course of action. concerns. We have to go back to Tur- ordinated and effective way are tied to So, where does that leave us? Unfor- key and understand their concerns. We a variety of different historical and ge- tunately, where it leaves us is with a have to go back to Egypt and under- ographic and national and inter- 19th century dictator who has 20th cen- stand their concerns. We have to go to national confrontations, which this ad- tury weapons of mass destruction, in Israel and talk about the need to get ministration either, No. 1, doesn’t ap- Saddam Hussein, an individual who the peace process started again and to preciate or, No. 2, is actively ignoring. lives by a code which is horrific to the return to the concepts of Rabin as As a result, our capacity as a country sensibilities of a civilized world. It is a versus the concepts of Netanyahu. to unite a coalition which can effec- code that follows in the course of peo- More important, we, as a nation, tively address Saddam Hussein has ple like Adolph Hitler and Mussolini have to know what is our purpose and been undermined. and others, who sought to promote what is our goal. Mr. President, I ask unanimous con- themselves in the name of some cause I believe our purpose and goal should sent for an additional 10 minutes? which was really just superficial to be, first, to create a united approach on The PRESIDING OFFICER. Without their own megalomania. this to bring into the effort an alliance objection, it is so ordered. But our capacity to address Hussein which is broader and more substantive Mr. GREGG. Most critical, of course, and to be able to deal with the situa- than what we presently have, some- to this is the issue of how we deal with tion in Iraq is fundamentally under- thing more than an English-speaking Iran and the fact that, once again, this mined by our inability, one, to focus on alliance. administration has failed to reflect ef- the situation with an international al- Second, it must be to remove Saddam fectively on the policy dealing with liance and, two, to have the capacity, Hussein and his government. We should that nation. Iran, as we recognize, has because we do not have an inter- have as our stated goal and purpose of been dominated by a fundamentalist national alliance, to take action which any military action that we intend to leadership which has viewed its pur- will end up being definitive. have a democratic government in Iraq. pose as promoting an aggressive reli- So we find ourselves with this admin- And, third, it should be that the gious philosophy internationally. It istration stating that we are building weapons of mass destruction are de- has viewed the United States as its up an arms capability to make an at- stroyed; not that they will survive, but enemy in this undertaking. But this tack on Iraq without an alliance sup- that they are destroyed. fundamentalism cannot survive for- porting it with a stated objective that These should be our goals, and I hope ever. It is much like when we con- nobody understands, because Secretary as we move down the road to consid- fronted the Communist leadership after Cohen has said that a military attack ering the issue of what we do in Iraq World War II and President Truman will not replace Saddam Hussein, and and before we move forward with mili- and President Eisenhower recognized the President said it is not our goal to tary action that we at least get some that, through the process of construc- replace Saddam Hussein. Secretary clarity of the process, hopefully along tive containment, we would be able to Cohen has stated that a military at- the lines I stated. bring down that system of government tack will not eliminate the weapons of I appreciate the patience of the because it would fall of its own weight mass destruction, and we know that to Chair, and I especially appreciate the because at some point, after a certain be the case. So what is the result of the patience of the Senator from Iowa. period of years, the fundamental flaws military attack? Mr. GRASSLEY addressed the Chair. of that system and that philosophy There is no clear understanding as to The PRESIDING OFFICER (Mr. would simply undermine it and decay what it is. It will not be that Saddam SANTORUM). The Senator from Iowa. it from within. And that is true also of Hussein is replaced. It will not be that Mr. GRASSLEY. Mr. President, I ask the fundamentalist movement in Iran. the weapons of mass destruction are unanimous consent to speak in morn- The Muslim religion is an extremely eliminated. It will not be that the alli- ing business for 10 minutes. powerful and great religion, and it is a ance we had in the gulf war of 1991 are The PRESIDING OFFICER. Without religion that is based on some very being reinstated. I have no idea what objection, it is so ordered. wonderful precepts. But the fundamen- the conclusion of a military attack f talism that captured a certain element would be. of the Muslim believers is, as it is prac- I think the unintended consequences TEN STEPS TO FIGHTING DRUGS ticed in Iran, inherently self-destruc- of it will be dramatic. Some may be Mr. GRASSLEY. Mr. President, as I tive. If we are able to contain Iran but positive. We may successfully elimi- have noted on earlier occasions, this at the same time encourage within nate some weaponry that might other- country continues to face a major drug

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S687 problem. It is a problem that affects us with such national organizations as the annual certification process on all. No community escapes the con- Community Anti-Drug Coalitions of international drug control. I will con- sequences of drug use. Our streets and America, we are engaged in a project tinue efforts to investigate specific neighborhoods are made dangerous and that can become a template for other programs and activities to ensure that unwelcoming by those who peddle ille- states. The coalition will foster input our efforts are on track and producing gal drugs. Our places of work are not and guidance from a non-political results. I will also seek to ensure that drug free. Today, we live in a country steering committee and six task forces. our efforts to protect the integrity of where even our schools are not safe ha- These include members from Iowa busi- our law enforcement activities is a pri- vens from the ravages of drugs. ness and union leaders, the education ority. In just a few days, the Administra- community, religious leaders, and rep- I will also pursue legislation that tion will release its newest drug strat- resentatives from law enforcement. will provide greater authority to our egy. It will be welcome, even though it They also involve contributions from law enforcement community to break is two weeks late. I look forward to it, the media, doctors, and community the link between drug trafficking and even as the Administration undertakes anti-drug groups. alien smuggling. Many of our local efforts to do away with an annual drug Third, I will be calling upon our na- communities find that drugs are intro- strategy. The budget for drugs will be tional business leaders and advertisers duced or produced by illegal aliens. I increased. That, too, is welcome. But to renew their commitment to drug- have supported increased resources to we need to remind ourselves that de- free advertising. We have seen in re- both U.S. Customs and the INS. I will spite steady increases in our counter- cent years a decline in this commit- continue my personal efforts to ensure drug spending, we have seen increases ment. That decline lead to the use of adequate resources and focus at our in drug use by kids. public money to pay for advertizing. borders and in our local communities. This is a fact that the Administra- But more to the point, I am con- As the eighth point in my agenda, I tion has tried to sugar coat. It has cerned about what it says about the de- will pursue tougher penalties for those tried to disguise the fact that drug use clining commitment of our business who traffic and sell drugs. In par- among kids has steadily increased community to support a national effort ticular, I will seek enhanced penalties throughout its tenure. Despite recent to fight drug use. This is especially for trafficking or selling near our efforts by the Administration to paint true given the problems that drug use schools and for peddling drugs to mi- over this fact with rhetoric, the facts creates in the workplace. nors. remain. Fourth, I will be seeking more re- As an integral part of this effort, I We cannot fight drug use among our sources for communities across the will also seek to toughen, not weaken, kids by being less than honest. We country to deal with an emerging drug cocaine sentencing guidelines. I believe should not even try. But there is an- problem. This is the double whammy of it sends an entirely wrong signal to other lesson in our current and grow- methamphetamine. Communities in lessen mandatory minimum sentences ing problem. I believe that the Admin- the West and Middle West face not only for those who traffick in crack cocaine. istration has not done as much as it growing meth use problems. They also The Administration is proposing to ought to do. I believe it has left undone face a new trend: Mexican criminal or- weaken sentencing at a time when drug much that it should do. But, our drug ganizations are increasingly building use is increasing. It is typical of the disconnect between the rhetoric we problem is a national concern that meth labs in our communities and hear and the reality we see. Like the must go beyond what government can rural areas. Meth is being funneled into Administration, I will support efforts do. We must remind ourselves that this Iowa by these organizations. Labs are to bring powder cocaine sentencing is a problem that we must all confront. also increasingly being discovered. into line with crack cocaine. But I will Parents, community and religious lead- These create an environmental hazard seek to do this by supporting Senator ers, the business community, local that is often beyond the resources of Abraham’s efforts to enhance the sen- politicians, the media, Hollywood, and local police or fire organizations to tences for trafficking powder cocaine, our opinion leaders must come to- deal with. Last year, I co-sponsored an not by weakening our efforts. gether. We need more than just money. effort to increase funding to these com- Finally, as part of my action plan, I We need commitment. We need more munities for meth lab clean up. I will will continue to work to strengthen than rhetoric. expand that effort to ensure sustain- our ability to deal with money laun- Every day more of our kids start able funding to help local commu- dering and organized criminal activi- using illegal drugs. We need to roll up nities. ties. The drugs that reach our streets our sleeves and get to work. Fifth, I will continue to press the Ad- and target our kids do not get there by For these reasons, I am today pre- ministration for a comprehensive drug accident. They are directed there by senting a ten-point program to fight strategy. One of the major deficits in well-organized, international criminal back. This is my agenda to try to get our current effort is not a lack of fund- gangs. Their purpose is to make money our counter-drug efforts back on the ing but a lack of focus. I propose to at the expense of our kids. I will work front burner. We need to better define deal with that through greater over- to pass legislation that I introduced the problem, and we need to be doing sight of our national efforts. In par- last year to go after the profits of these more. As Chairman of the Inter- ticular, I will push for a more com- drug thugs. I will also continue to national Narcotics Control Caucus, I prehensive southern tier approach. Too press the Administration to develop will work to push a more visible and ef- often, our efforts to control access to comprehensive legislation to go after fective national counter-drug effort. our southern border have been piece- international criminals wherever they The first item on my agenda is to meal and fragmented. The forthcoming may hide. continue work to strengthen local com- national drug strategy will perpetuate This agenda is my personal commit- munity counter-drug problems. Last that imbalance. ment to do what one Senator can do to year, I sponsored legislation in the While we build a dyke in one area, deal with this nation’s drug problem. I Senate, later signed into law, that pro- the traffickers open a hole someplace will pursue this agenda as Chairman of vides funding to local community else. We need a more focused effort the Drug Caucus. In the coming days counter-drug coalitions. I will continue that brings resources to bear consist- and weeks, I will be introducing spe- my efforts to ensure that this legisla- ently. We also need to ensure that our cific legislation to deal with many of tion is fully, speedily, and responsibly major drug control agencies receive the things I have talked about today. I implemented. adequate resources that implement will be coming to my colleagues for Second, I will continue to work on consistent, well-conceived and inte- support. I will be expecting the Admin- implementing a statewide coalition ef- grated plans. istration to live up to its obligations. fort in Iowa that I began last year. The As part of this effort, I will pursue I yield the floor. aim of this effort is to help create a more vigorous oversight of our The PRESIDING OFFICER. The Sen- framework to complement state and counter-drug programs. ator’s time has expired. local efforts to combat illegal drugs in I will do this through insisting that Mrs. HUTCHISON addressed the communities across Iowa. Working we maintain a strong commitment to Chair.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S688 CONGRESSIONAL RECORD — SENATE February 12, 1998 The PRESIDING OFFICER. The Sen- we should be most thankful for the SAM grew up in Dallas. He graduated ator from Texas. brave Americans throughout our his- from Southern Methodist University. Mrs. HUTCHISON. Mr. President, is tory who have fought the wars to keep He went into the Air Force. He became there an order? America free. It is their sacrifice that one of the great pilots in the postwar The PRESIDING OFFICER. The Sen- has preserved democracy. It is their period. He commanded the Top Gun ator is recognized for 10 minutes in sense of patriotism and duty that school. He was a Thunderbird. morning business. Americans must always embrace if we In fact, Senator MCCAIN loves to tell Mrs. HUTCHISON. Thank you, Mr. are to remain free. Commemorating the story about the time when he and President. this 25th anniversary is one way that SAM were campaigning together in f we will make sure that Americans do Texas—as all of you know, Senator MCCAIN was a great aviator in his own 25TH ANNIVERSARY OF THE RE- not forget the sacrifices that have been right and a great warrior and a real TURN OF AMERICAN POWS FROM made for us to be able to stand here in American hero—and he loves to tell the VIETNAM this Senate Chamber and speak on an unfettered basis and openly and freely. story when he and SAM were on a plane Mrs. HUTCHISON. Mr. President, I I want to say that I am proud that riding in the back and they came in rise today to pay tribute to my Con- SAM JOHNSON is my Congressman. I pretty fast, and SAM calmly turned to gressman. The House of Representa- also want to pay tribute to his wife, Senator MCCAIN and said, ‘‘We’re going tives is paying tribute today to our to run off the runway.’’ Senator Vietnam prisoners of war. It was 25 Shirley. Shirley and SAM are friends of Ray’s and mine, and have been for MCCAIN said, ‘‘What makes you think years ago this month that those brave so?’’ just as they hit the railing and men began returning home to America. years. But Shirley is a hero, too. Sometimes went off the runway. Among those heroes was SAM JOHN- The point being that SAM JOHNSON we do not talk about those who were SON. SAM was a prisoner 6 years 10 was a great aviator. He was flying a left home for 6 years to raise the chil- months 18 days and 23 hours, which he mission over North Vietnam. He was dren, to give them the hope and can tell you to this day. shot down. He was taken to prison in strength and love that both parents All of us who know SAM know he is a Hanoi. The North Vietnamese correctly would normally give. It is to the Shir- fighter. He was called ‘‘diehard’’ by his concluded that he was a diehard and a ley Johnsons, also, that we owe a great North Vietnamese captors. recalcitrant, so they put him in soli- debt of gratitude, because she was SAM was one of 11 prisoners whose tary confinement year after year, basi- there never giving up, making sure total defiance to prison authority re- cally a dugout, a little dungeon. sulted in banishment to a high security that America never forgot that some After 7 years in prison, enduring al- prison that was dubbed ‘‘Alcatraz.’’ were missing and some were impris- most unbelievable hardship, he came The prisoners were placed in tiny cubi- oned. She, too, should be commended home 25 years ago. cles in an earthen-walled facility that today on this 25th anniversary. Now, the remarkable thing about all was dug out of the center courtyard of I am honored to serve with SAM this is not all the medals that SAM the North Vietnam Ministry of Defense JOHNSON and Senator JOHN MCCAIN. As JOHNSON won. We honor those and we in downtown Hanoi. SAM and the other we honor them, we make sure that should. It is not really the hardship 10 wore leg irons and suffered from se- those who came home know how much that he endured, though I doubt many vere malnutrition. we appreciate them. And, most of all, of us would be capable of doing it. But SAM’s defiance continued to the end, we remember those who did not come what is remarkable to me is that after until February 13, 1973, when SAM home. 7 years in a dungeon in Hanoi, SAM boarded a plane at Gia Lam Airport to Thank you, Mr. President. JOHNSON came home and started his return home. Mr. MURKOWSKI addressed the life again. He never complained about Our Nation recognized SAM JOHN- Chair. the 7 years he lost. You never see him SON’s contributions by making him one The PRESIDING OFFICER. The Sen- that he doesn’t have a smile on his of the most highly decorated aviators ator from Alaska. face. He is a sweet, gentle, loving man. of his era. During SAM’s military ca- Under the previous order, the Sen- It is remarkable to me that somebody reer, he was awarded two Silver Stars, ator from Alaska is recognized to could go through 7 years of that kind two Legions of Merit, the Distin- speak for up to 20 minutes. of hardship—hunger, exhaustion, fear, guished Flying Cross, one Bronze Star Mr. MURKOWSKI. I thank the Chair physical and mental abuse—and yet with Valor, two Purple Hearts, four Air and wish the President a good morning. come back home and be all the things Medals, and three Outstanding Unit (The remarks of Mr. MURKOWSKI per- that SAM JOHNSON is. awards. taining to the submission of S. Con. I wanted, on this 25th anniversary of Mr. President, I would like to note Res. 76 are located in today’s RECORD the day that he came home to America, also that here in the Senate there are under ‘‘Submission of Concurrent and to stand on the floor of the Senate many heroes from among us from Senate Resolutions.) today and say to our colleague, Con- World War II, the Korean war and the The PRESIDING OFFICER (Mr. gressman SAM JOHNSON, that we are war in Vietnam. SMITH of Oregon). The Senator from proud of him and that we are proud to Today, 25 years after the POWs in Texas. associate with him. For most of us, the Vietnam began to come home, it is also Mr. GRAMM. I believe I reserved a highest credential we are ever going to appropriate to recall the sacrifice made block of time. have other than being members of our by our own colleague, my good friend, The PRESIDING OFFICER. The Sen- family and being associated with our JOHN MCCAIN. JOHN returned from ator has 30 minutes. kinfolks is that we served in Congress. Vietnam after his own capture and im- Mr. GRAMM. Let me say to my dear Many of us get whatever stature we prisonment 25 years ago next month. colleague I will not take all of that might have from the position we hold, Patriots like Senator JOHN MCCAIN time. a position that was given to us in trust and Congressman SAM JOHNSON remind f by the voter. But SAM JOHNSON is one us of what makes America great— of those rare people who brought stat- HAPPY ANNIVERSARY, SAM honor, courage, and duty. They enrich ure to Congress with him when he JOHNSON the Congress and remind us every day came. He is a wonderful man. I love of the important responsibility we have Mr. GRAMM. Mr. President, I come SAM JOHNSON. as stewards of the young men and to the floor today to speak on on two I think in an era where there are a women in our armed forces. As we pre- topics. The first is that our dear friend lot of people who kind of think politi- pare for a possible conflict in Iraq, I and colleague, Congressman SAM JOHN- cians don’t represent the best that have no higher priority than that those SON, one of America’s great warriors America has to offer, that somehow troops will get everything they need to and one of America’s great individuals, politicians aren’t exactly the kind of do the job if they are sent. came home from Hanoi 25 years ago people you want your children to grow As Americans we have many things today, having been held as a prisoner of up to be, I ask them to look at Con- for which to be thankful. But perhaps war for almost 7 years. gressman SAM JOHNSON. He is the kind

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S689 of person I want my sons to grow up to that over 25 cents out of every dollar recess, perhaps tonight, and we will be be. they paid in gasoline taxes, which they back a week from this coming Mon- On this very special day for him, 25 thought was going to highway con- day—that we are going to be able to years ago coming home to America, struction, is in fact being spent on bring up the highway bill and let peo- being set free in Hanoi, I wanted to other things in Government. ple decide where they stand on this congratulate SAM and thank him not Senator BYRD and I now have 54 co- issue. just for the service he provided during sponsors on our bill, with the objective And let me, as a final point, say that 29 years in the Air Force, not just for of trying to force the Government to the Byrd-Gramm amendment does not 7 years in a dungeon in North Vietnam, live up to the commitment it makes to bust the budget. The Byrd-Gramm but I want to thank him for the service the American people and require that amendment does not raise the spending he is providing for America today. We when money is collected in gasoline caps. But what it does do is say that all appreciate that. I am very proud to taxes for the purpose of building roads, these other programs that have been have him as one of my Congressman that that money actually be spent for beneficiaries from the piracy that has representing me and my State. I am that purpose. occurred in the highway trust fund are also proud to have him as a friend. Now, many of the things that we going to have to give up that money so Mr. ALLARD. Will the Senator yield? work on here have an effect, but after that it can be spent on roads. Mr. GRAMM. I am happy to yield. a long period of time, from the time Now, I know some of our colleagues Mr. ALLARD. My wife, Joan, and I that the actual work is done, and often have said: Great, if you spend this are pleased to recognize that both Shir- especially when you are working on big money on roads, we were planning to ley and SAM are very close friends of issues that affect economic growth and spend it otherwise. I have likened their ours. I had come to the floor to speak inflation, it’s hard to sort of pinpoint attitude to a cattle rustler who steals on another matter but I feel so fortu- the positive impact on it. But if we can your cattle and you come out and you nate to have been here at the time you bring up the new highway bill and pass arrest him and you catch him red- are making these comments. the Byrd-Gramm amendment, on May 2 handed stealing your cattle, and his You are right on the mark. He is a States across America will get roughly only response is, ‘‘OK, so you make me tremendous individual. He suffered in a a 25 percent increase in the amount of stop stealing your cattle, but where am way that many of us cannot imagine. money that is available to fill up these I going to get my beef?’’ Well, that’s Both Joan and I are so enthralled with potholes, to build new roads, to mod- not my problem. What we are talking his positive attitude—both Shirley and ernize the existing system, to reduce about is doing what we tell people we SAM—that it makes him stand out as a the delays and traffic jams and hazards are doing. So I’m not saying the pro- remarkable individual, remarkable that we all face on the road every day, grams that have pirated the trust fund Americans. and do it by taking the money away aren’t, in some cases, worthy. In some I second your comments. from all the programs that never cases they are not worthy, but in other Mr. GRAMM. I thank my dear col- should have gotten the highway money cases they are very worthy. league from Colorado for adding to my to begin with and spending the money The point is that we collected the comments. for the purpose that it is being col- money to build roads, not to pay dues f lected. to the U.N.; we didn’t collect money to Senator BYRD and I, all week, have THE HIGHWAY BILL pay for Legal Services Corporation; we reminded our colleagues that we are didn’t collect the money to use in wel- Mr. GRAMM. Mr. President, let me running out of time. The highway bill fare; we collected the money for the turn to my final subject today. As all expires on May 1. And all over America purpose of building roads. That’s the Members of the Senate know, Senator today, States are beginning to cancel purpose to which the money should be BYRD and I have embarked on what for contracts. Michigan canceled a major put and only that purpose. us is a crusade. It is a crusade to try to contract yesterday. We are having em- Mr. President, I yield the floor. force the Federal Government to live ployees notified by highway builders Mr. ALLARD addressed the Chair. up to the commitment that it makes to that they are going to be laid off as of The PRESIDING OFFICER. The Sen- Americans when they go to the gas the 1st of May when this highway bill ator from Colorado is recognized. pump and fill up their car or truck and expires. Senator BYRD and I want to Mr. ALLARD. Mr. President, it is my pay about a third of the cost of a gal- move on with this issue, bring it up. If understanding that I have 20 minutes lon of gasoline in taxes, and they are people want to vote no, if they want to of time set aside. told the taxes are being used to build continue to take highway trust fund The PRESIDING OFFICER. That is roads, that this is a user fee tax where money collected in gasoline taxes, correct. the money is dedicated to road con- where we tell people the money is The Senator from Colorado is recog- struction. being spent for roads but where we nized. As those of us who serve in Congress, spend it on something else, if people (The remarks of Mr. ALLARD per- as those who follow these matters very want to vote to continue that diver- taining to the introduction of S. 1636 closely know, that commitment is not sion, they have the right to vote for are located in today’s RECORD under being fulfilled. Between 25 and 30 cents that. But 54 Members of the Senate ‘‘Statements on Introduced Bills and out of every dollar of gasoline tax that have already said that they want to Joint Resolutions.’’) is paid by American motorists goes not change it. Mr. ALLARD. Mr. President, I yield for transportation needs, not to new So I urge our leadership to bring up the remainder of my time. roads, but instead is spent on every- this bill and give us an opportunity to I suggest the absence of a quorum. thing but highway construction. This let the Senate work its will. It is very The PRESIDING OFFICER (Mr. BEN- is a diversion of funds that violates the important that we not let the highway NETT). The clerk will call the roll. commitment that we have made to bill expire. It is very important that we The legislative clerk proceeded to American taxpayers. At a time when get on with highway construction, call the roll. many Americans this morning got up which the country desperately needs. I Mr. BYRD. Mr. President, I ask unan- and drove to work and waited in what also believe it is important, especially imous consent that the order for the seemed to be endless lines of conges- in this era of cynicism about Govern- quorum call be rescinded. tion, when people drove over potholes ment that when we tell people that The PRESIDING OFFICER. Without that were dangerous and, in some money is being collected in gasoline objection, it is so ordered. cases, caused damage to their car, and taxes, to go into a highway trust fund Mr. BYRD. Mr. President, at 12:30 when people endured unsafe conditions. to be spent on roads, that that money p.m. today Senator MOYNIHAN and I There are 31,000 miles of road in my be spent on roads, that it not be spent wish to make some remarks on the State that are substandard. We have on other things. Fundamentally, that floor. I ask unanimous consent that at thousands of bridges that are struc- is what this issue is about. 12:30 I be recognized. turally unsound. I think people are So I am hopeful that in the week The PRESIDING OFFICER. Without rightly outraged when they discover when we come back—we are going on objection, it is so ordered.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S690 CONGRESSIONAL RECORD — SENATE February 12, 1998 Mr. BYRD. Mr. President, I thank licans stand for—but we would be re- single parent that there is just no al- the Chair, and I suggest the absence of miss if we didn’t try. I think we were ternative but to turn the children over a quorum. all sent here to use our best efforts to to a care giver during the day. And we The PRESIDING OFFICER. The find common ground and to resolve also know that care giving in day care clerk will call the roll. those difficulties that ordinary Ameri- is occurring at a critical moment in The legislative clerk proceeded to cans face. that child’s development. Seventy-five call the roll. One of them I have taken a special percent of the human brain is devel- Mr. DURBIN. Mr. President, I ask interest in and over the last month or oped in the first 18 months on Earth. unanimous consent that the order for so have really focused on in the State Most of the day care centers I visited the quorum call be rescinded. of Illinois is the issue of child care. I would not accept a child until they had The PRESIDING OFFICER. Without have visited 16 or 18 child care centers reached the age of 2 or until they were objection, it is so ordered. in my State from far south in Cairo, as out of diapers. And so for the first 2 f we pronounce it, to Chicago and across years of critical brain development in the length and breadth of a very di- these children it was a gamble. Was ABRAHAM LINCOLN verse State, my home State of Illinois. there someone nearby that could be Mr. DURBIN. Mr. President, no Sen- What I find in child care for working counted on, a neighbor or relative, per- ator from the State of Illinois could families in Illinois is extraordinary di- haps some other setting where the rise on February 12 without noting the versity. Just about every community child would get honest, good, safe care? birth date of Abraham Lincoln. Abra- in which you stop has a little different What the President has proposed in ham Lincoln never served in the Sen- approach. It seems that some are his State of the Union Address and I ate, although he did serve in the U.S. blessed with the support of larger insti- hope that Democrats and Republicans House of Representatives. One of his tutions. Maybe the most modern, up- can debate is what we can do to help most famous political experiences was to-date and impressive facility was at a working families provide for quality in 1858 when he ran against Stephen U.S. Air Force base, Scott Air Force child care. I honestly believe that the Douglas for the Senate seat which I am Base near Belleville, IL. But, of course, investment in early childhood develop- honored to occupy. Lincoln lost that the Federal Government has made a ment is the best investment this Na- election. Of course, following the rather substantial investment so that tion can make. You often wonder how course of the lengthy debates with the children of the men and women a child born in ordinary or even poor Douglas, which became part of the leg- who are working on that base have the circumstances has much of a chance. end of American politics and an impor- very best in child care. I then went as They usually have a chance if they tant part of our history, by 1860 Lin- well to the Belleville Community Col- have loving parents with the skills and coln was elected President. And we all lege and saw where the community col- the time and the resources to make know his leadership was so critical in lege made the same type of commit- their living meaningful. I came from a one of our Nation’s greatest hours. ment. It makes a difference. You can family of modest means but, thank We in Illinois dote on Abraham Lin- just feel it in terms of what is being of- goodness, had a mother and father who coln. We have his name on license fered. cared, and I think that is why I am plates. In my hometown, we are con- That is not to diminish the efforts standing here today. sumed with the Lincoln legend and being made in a lot of different set- But for a lot of kids that option is with all that he has given to the State tings. When I would go down to Mar- strained because a lot of parents do not and to the Nation. I hope that those ion, IL, into the back of a church and have resources, and as a consequence who are witnessing the events in this find a very small and crowded room they look around in the system and Chamber today will reflect for a mo- with the happiest kids I have ever run find precious few alternatives. First, ment on this great man and the great into, being supervised by a lady who is most child care is expensive. It is ex- legacy he left to the United States. probably close to 60 years of age but pensive for families that are trying to get by and trying to pay the bills. Lincoln was known very well for his who truly is devoted to these children, What the President has suggested is leadership at the time the Nation was it tells you that what is part of the that we, through money raised in the in great peril with the Civil War. He success of child care in America has to tobacco bill, send those revenues back did so many things with vision, and I do more with the people involved in it to States to make available to working think it is a perfect lead in to my rea- than any Government program or any families. So that those families that son for standing before the Senate structure or building or any bricks or are out struggling, trying to get by today. I hope those of us who are in mortar. will have a helping hand from the Gov- successor generations to Abraham Lin- But having said that, I came away ernment to pay for child care. I think coln can rise to the challenges and can from this tour sensitized to the fact that is money well spent, and there is show the same type of vision and lead- that this is a real issue. So many peo- no two ways about it. ership on the challenges now facing ple in America look at the Senate and Secondly, we have to ask who will Americans across the country. the House of Representatives and won- work in these child care centers. It is a f der what newspapers we are reading, fact of life that most of the people what people we are talking to, as we QUALITY CHILD CARE IN AMERICA working there receive precious more are consumed with issues that seem to- than the minimum wage, and they look Mr. DURBIN. Mr. President, I just tally irrelevant. for alternatives. The turnover rate na- left a meeting, partisan meeting, Now, some of those issues are truly tionally is 40 percent and in some com- Democrats, Senators and Congressmen, important, but for the average working munities even higher each year as child with the President and Vice President family their concerns are much more care workers move on to another job. where we discussed our agenda for this down to earth. I have yet to meet a In Illinois, we demand of these work- year. At the end of the meeting, Presi- working mother or a working family ers 2 years of college education and dent Clinton said that he hoped we with small children where I don’t find then give them a minimum wage. High could reach across the aisle to the Re- a genuine concern about day care. My school dropouts are paid a minimum publican side and find common ground, wife and I raised three kids, and we wage. These students who stayed in concede honest differences of opinion were fortunate; my wife was able to school and worked hard to pass the but move forward on an agenda which stay home until the kids were all off to courses are basically being asked to is critically important to all of Amer- kindergarten at least. And I think that work for the same. Then, of course, we ica’s population and families. was the very best that we could give to know that businesses that invest in I know it is ambitious to think that them. I look back on it as something child care really do bond with their in a year with an abbreviated schedule that really made a positive impression, employees. Employees value this as we will achieve even a majority of the a positive difference in their life, and one of the most important benefits of ideas that were propounded at this yet we know today that so many par- work. meeting or that the Democrats stand ents cannot make that choice, that So the President has said not only for—for that matter, that the Repub- both parents have to work or if it is a money to help families pay for child

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S691 care, also some resources to make cer- care and received the right training, Let me tell you that has to be the tain we can help the students who want and they can identify those kids who most widely popular Federal expendi- to get the education, qualify to be did not. Some of them fall behind, ture there is. Not a family touched by child care assistants but encourage- never to catch up. So one of the things cancer, heart disease, diabetes, HIV, ment as well in the Tax Code to busi- we are striving for this year is to fol- would ever suggest that that is not a nesses to set up child care centers. low the President’s lead and make sure good investment, to put the money Each day, three out of five children we make a commitment here in the into medical research. But, also, a por- under the age of 6 in America including Senate and the House of Representa- tion of it for child care. almost half of the babies and toddlers tives to help these families. So, in order to make this work, it is spend some or all of their day being The PRESIDING OFFICER. Under not enough for us, as Democrats and cared for by someone other than their the previous order, the Senator from Republicans, to make speeches about parents. In my home State, we esti- West Virginia is now recognized. child care. We have to roll up our mate about 600,000 children each day Mr. DURBIN. Mr. President, if I sleeves and pass this tobacco legisla- under the age of 6 are in child care. The might ask unanimous consent to have 5 tion, and we have to do it on a bipar- cost—$4,000 to $10,000 a year. Think additional minutes? tisan basis. The tobacco companies will about a person struggling by on a low- The PRESIDING OFFICER. Without resist us every step of the way. They wage job and facing $4,000—$80 a objection, it is so ordered. have. They will continue to. But I week—that has to be out of pocket and Mr. DURBIN. I thank the Senator think the American people have de- paid for child care. from West Virginia for yielding this cided they have had enough of the to- In our agenda, the Democratic agen- time. bacco companies and the fact that they da, we set out to change this, to try to Crucial to this question of providing have had unreasonable sway over make certain that working families are help for child care is providing the rev- Washington for too long a period of given a helping hand. enue. I find it curious that a year ago, time. I have tried to reflect about the in my first year in the Senate, if you This year, 1998, is a year of political course of history when it comes to car- would have come to this Chamber testing for Senators and Congressmen ing for children in America. We all re- about this time, you would have seen as to whether they will rise to the member child labor laws and things Senator ORRIN HATCH, our colleague challenge and join in passing tobacco that have been done to help kids, but from Utah, standing at that desk with legislation, reducing the scourge of in the 19th century we made the most a stack of budget books almost up over children who are taking up smoking, significant decision when we said in his head, saying this is the legacy of and raising revenues for things that America that we would embark on cre- deficits, these are the unbalanced budg- are critically important for America’s ating a system of public education so ets that we cannot come to grips with, future—like child care. that if you happened to be a child from and arguing for the passage of a new I am happy to support the legislation a family of modest means you still had constitutional amendment to force us that has been introduced, and I hope a fighting chance. America cared and to come to balance in our budget. That that we come up with bipartisan ap- America made a commitment through was a year ago. That amendment did proval to make sure that it is passed. the State and local units of Govern- not pass. It is not just a question of raising this ment to make certain that public edu- A year later, where are we? We are at revenue, but the core reason for the to- cation would be there starting at the a point where the Congressional Budg- bacco legislation is to discourage the age of 6 and it was a sensible commit- et Office gave us their forecast yester- young Americans each day who take up ment, not only for the good of the child day that, indeed, we would balance the smoking. Today in the United States of but the good of the Nation. budget. We have reached the point America, and every single day this Here today as we embark on the 21st where the budget is in balance. Iron- year, 3,000 children will start smoking century we know so much more. We ically, instead of talking about a con- cigarettes for the first time. I have know that by the age of 6 many chil- stitutional amendment to force a bal- never, repeat never, met a parent who dren have gone through important anced budget, we are now engaged in a has said to me, ‘‘I got the best news formative years, many children have debate about spending a surplus. Imag- last night. My son came home and an- been trained, for good or bad, and that ine, 12 months later we have gone from nounced he started smoking.’’ I have that training is going to be part of that deficit talk to surplus talk. The Presi- never heard that. In fact, just the oppo- child for years to come. dent counsels us to be patient, to make site. Parents are concerned because So what more can we do? What more sure the surplus is true and honest and they know this is a health concern. should we do? We have created a Head to first dedicate it to Social Security. Tobacco companies have deceived the Start program which is designed to So, of course, you are going to say, public. They have deceived Congress. give these kids, at least those from 3 to ‘‘Senator DURBIN, having said that, They have gone after kids for decades. 5, a chance to have a structured, posi- how are you going to pay for child Now we have a chance to call an end to tive learning environment. It is a very care? How will the President pay for it? that and to hold these companies ac- good program and one that needs to be These are good ideas, but they have to countable to reduce sales to minors funded at higher levels. But now we be paid for.’’ and to make certain that our kids have know even more is needed. Are we The money is to come from the to- a fighting chance for a bright future. ready in this Chamber, Democrats and bacco bill. This is a bill I have sup- So, I will conclude by saying our Republicans alike, to really engage in ported both as introduced by Senator agenda is filled this year. We may have a national debate about whether the KENNEDY and yesterday by Senator more items on the agenda than they model for the 19th century of public CONRAD, because it is a bill which ad- have days in session. But we need to education is adequate for the 21st cen- dresses the reality of what we face pick and choose those that are criti- tury for America? today with tobacco. This bill imposes a cally important. I hope my colleagues, Most educators, if they give you an $1.50 health fee on each package of Democrats and Republicans alike, will honest appraisal, will say, if they were cigarettes. We know that discourages agree that passing the tobacco bill is given the option of one additional year kids from buying them. They are too the first important step, then taking of mandatory education, they would expensive. It takes the revenues from the revenues from that to help working not put it after high school, they would that to not only educate young people families bring their children up under put it before kindergarten. Bring the about the dangers of smoking but also the best circumstances and to give children in earlier. to use it for other good purposes: for these children a fighting chance to Talk to teachers, if you will, who are example, to increase the number of enter school ready to learn and to have in classrooms every day. They can public school teachers across America a bright future. identify kids who come from a good to 100,000 so that no child in the first, I yield the remainder of my time. family and home, where one parent second or third grade will have a class- The PRESIDING OFFICER. Under stayed home to help raise the child or room with more than 18 students, or to the previous order, the Senator from they went through some good child put money into medical research. West Virginia is recognized.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S692 CONGRESSIONAL RECORD — SENATE February 12, 1998 Mr. BYRD. Mr. President, I ask unan- amended through another, independent legis- tions of rulemaking authority and unauthor- imous consent that Mr. MOYNIHAN and lative enactment, which itself must conform ized surrender to the President of an inher- I may speak for not to exceed 30 min- with the requirements of Article I. Any re- ently legislative function, namely, the au- utes. I do not think we will use all that scissions must be agreed upon by a majority thority to permanently shape laws and pack- of both Houses of Congress. The President age legislation. The Act—— time, but I make that request. cannot single-handedly revise the work of Writes Judge Hogan, The PRESIDING OFFICER. Without the other two participants in the lawmaking enables the President, in his discretion, to objection, it is so ordered. process, as he did here when he vetoed cer- pick and choose among portions of an en- tain provisions of these statutes. f acted law to determine which ones will re- LINE ITEM VETO ACT FOUND * * * * * main valid. The Constitution, however, dic- UNCONSTITUTIONAL Whatever defendants wish to call the tates that once a bill becomes law, the Presi- President’s action, it has every mark of a dent’s sole duty is to ‘‘take care that the Mr. BYRD. Mr. President, as many of veto. laws be faithfully executed.’’ His power my colleagues may already be aware, * * * * * Writes Judge Hogan, in a decision announced today by Finally, Congress’ ‘‘indirect attempt[] to cannot expand to that of ‘‘co-designer’’ of accomplish what the Constitution prohibits Judge Thomas F. Hogan of the United the law—that is Congress’ domain. Any sub- . . . accomplishing directly’’ cannot stand. States District Court for the District sequent amendment of a statute falls under . . . ‘‘To argue otherwise is to suggest that of Columbia, the Line Item Veto Act Congress’ responsibility to legislate. The the Framers spent significant time and en- has been found to be unconstitutional, President cannot take this duty upon him- ergy in debating and crafting Clauses that self; nor can Congress relinquish that power an unconstitutional delegation of the could be easily evaded.’’ Congress knew that to the Executive Branch. Congress’ power over the purse. While I a single Line Item Veto, performed prior to congratulate each of the plaintiffs and the President’s signature, would violate Ar- I shall not quote further excerpts their attorneys, this victory does not ticle I’s requirement that the president sign from the opinion of Judge Hogan, but I belong to them alone. This is a victory or return the bills in toto. This limitation on ask unanimous consent to have printed for the American people. It is their the President has been clear since George in the RECORD the entire opinion, fol- Constitution, it is their Republic, and Washington’s tenure. lowing the remarks of Mr. MOYNIHAN their liberties that have been made Let me quote the words of George and my remarks. I understand the Gov- more secure. Washington as they are quoted in ernment Printing Office estimates it Judge Hogan’s opinion parallels a Judge Hogan’s opinion: will cost $1,532 to print this opinion in previous decision by Judge Thomas (‘‘From the nature of the Constitution, I the RECORD. Penfield Jackson, also for the U.S. Dis- must approve all the parts of a Bill, or reject The PRESIDING OFFICER. Without trict Court for the District of Colum- it in toto.’’) Congress cannot evade this long- objection, it is so ordered. bia, in Byrd v. Raines, as well as the accepted requirement by merely changing (See exhibit 1.) the timing of the President’s cancellation. opinions expressed by Supreme Court Because the Line Item Veto Act produced Mr. BYRD. Mr. President, next Mon- Justice John Paul Stevens in that laws in violation of the requirement of bi- day is the official observance of the same earlier case. While I fully expect cameral passage, because it permitted the birthday of our first President, George this decision today to be appealed and President unilaterally to repeal or amend Washington, who so wisely observed, as I, therefore, recognize this as a first duly enacted laws, and because it did Judge Hogan, ‘‘From the nature of step, I nevertheless regard it as an im- impermissibly attempts to evade the re- the Constitution, I must approve all portant step. quirement that the President sign or reject a the parts of a bill or reject it in toto.’’ bill in toto, the Act violates the requirements How right George Washington was! I For the benefit of my colleagues, I of Article I. For that reason alone, the Line would like to take just a few moments Item Veto Act is unconstitutional. can think of no greater tribute to his wisdom than this decision today. to read pertinent excerpts from Judge Now, under the heading ‘‘Separation Mr. President, I yield to my distin- Hogan’s decision. I read now, beginning of Powers,’’ in Judge Hogan’s opinion, I guished colleague who joined in pre- with that section titled ‘‘Procedural find these words, and I quote from his paring the amicus and who has, all the Requirements of Article I.’’ opinion: I continue to read from Judge Ho- way from the beginning of these de- Furthermore, the Line Item Veto Act is bates, which have gone on for years gan’s opinion: unconstitutional because it impermissibly The Constitution carefully prescribes cer- disrupts the balance of powers among the now, stood like the Irish oak in opposi- tain formal procedures that must be ob- three branches of government. The separa- tion to giving the President of the served in the enactment of laws. The Line tion of powers into three coordinate United States—any President, Repub- Item Veto Act impermissibly attempts to branches is central to the principles on lican or Democrat—a line-item veto. alter these constitutional requirements which this country was founded. . . . The de- I salute my friend, and I am very through mere legislative action. Because the clared purpose of separating and dividing the grateful to him for the work that he act violates Article I’s ‘‘single, finely powers of government was to ‘‘diffuse power has done and for his constant support wrought and exhaustively considered, proce- the better to secure liberty.’’ dure,’’ . . . it is unconstitutional. and leadership as we have stood to- * * * * * gether with Senator CARL LEVIN, who * * * * * Pursuant to the doctrine of separated pow- cannot be here today because he is in Both Houses of Congress, through a process ers, certain functions are divided between Europe. If Senator MOYNIHAN had been of discussion and compromise, had agreed the legislative and executive branches. Arti- upon the exact content of the Balanced cle I, section I vests all legislative authority at the Constitutional Convention, even Budget Act and the Taxpayer Relief Act. in Congress. Legislative power is the author- though Judge Yates and Mr. Lansing These laws reflected the best judgment of ity to make laws[,] left the Convention early, leaving only both Houses. The laws that resulted after the Says Judge Hogan. Alexander Hamilton to sign that great President’s line item veto were different Executive power, on the other hand, is to document, Senator MOYNIHAN would from those consented to by both Houses of ‘‘take Care that the Laws be faithfully exe- have been there to attach his signa- Congress. There is no way of knowing wheth- cuted.’’ ture. And not only that, he would have er these laws, in their truncated form, would joined with Hamilton and Madison and have received the requisite support from * * * * * both the House and the Senate. Because the With regard to lawmaking, the President’s Jay in writing one of the greatest doc- laws that emerged after the Line Item Veto function is strictly a negative one: to veto a uments of all time, the Federalist Pa- are not the same laws that proceeded bill in its entirety. pers. I yield to my friend. through the legislative process, as required, While it is Congress’ duty to make laws, Mr. MOYNIHAN. Mr. President, it is the resulting laws are not valid. Congress can delegate certain rulemaking an honor to speak following the state- authority to other branches, as long as that Furthermore, the President violated the ment by our revered, sometime Presi- requirements of Article I when he unilater- delegation is appropriate to the duties of that branch. (‘‘[T]he lawmaking function be- dent pro tempore, ROBERT C. BYRD of ally canceled provisions of duly enacted stat- West Virginia, a man who has brought utes. Unilateral action by any single partici- longs to Congress . . . and may not be con- pant in the law-making process is precisely veyed to another branch or entity.’’); to our Chamber a sensibility con- what the Bicameralism and Presentment * * * * * cerning the Constitution that, I would Clauses were designed to prevent. Once a bill The Line Item Veto Act impermissibly argue, is unequaled since those awful becomes law, it can only be repealed or crosses the line between acceptable delega- days that led to the Civil War, days in

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S693 which his lucidity and courage could not the primary objectives or the hallmarks So you have radiologists and potato have produced a very different out- of democratic government. growers and people who scrub floors come. That was the great perception of our and people who go beyond the limits of We have a matter before us of equal founders. In the Federalist Papers, conceivable knowledge in the biologi- consequence. I would offer the personal which Senator BYRD has so generously cal and medical sciences. All these in- judgment that in the history of the mentioned, they ask openly, given the terests are always represented here, Constitution, there has never come be- fugitive and turbulent existence of ear- and only here. fore us an issue considering the rela- lier republics, the Roman Republic, Congress makes the laws. The Presi- tions between the executive and the what makes you think this Republic dent is required to see that they are legislative branches as important as will work? faithfully executed. But, sir, and in this one. It is a course of a peculiar in- They said, fair question, but we have closing, if nothing else will bring this explicability that this Chamber is a new science of politics. It is a science Chamber to its wits, perhaps this will. empty—the distinguished Presiding Of- that does not assume virtue in men, it The President’s power under this line- ficer from Utah, our President pro tem- assumes conflict, and it provides for item veto is likely rarely to be directly pore sometime from West Virginia and the resolution of conflict by equal and exercised. It will be threatened. myself—empty because of a particular opposing forces. It does not fear debate. A President will say to a Senator, politics that for a long time said this It welcomes it, it assumes self-interest ‘‘You know, I would so very much like was a desirable measure and enacted it on the part of regions, of sectors in the to be of assistance to Utah as regards and now faces the court saying, ‘‘But economy, of groups in the population. irrigation and other matters which are it’s unconstitutional.’’ No fear. so important to me, but there’s a for- The courts, I dare to say, at the level And here is a central idea which was eign policy matter which also is impor- of those asides that are well known in part of our amicus brief and which we tant to me. And cannot I expect, in the our judicial history, the court is also find, I think, echoed in Judge Hogan’s spirit of exchange and understanding, saying, ‘‘Don’t you know your Con- remarks, which I don’t assert but I that I will have your support here in stitution? Don’t you understand what offer the thought. When we put to- return for my choice not to veto a is at stake for you?’’ The courts are not gether on the Senate floor a bill—I will measure now enacted by Congress?’’ It themselves directly involved here, but say a Finance Committee bill, as I am will go on over and over again. It is the they are trying to tell us, in brilliant now ranking member, was one time formula for executive tyranny. decisions by Judge Jackson, now by chairman of Finance—we think of bal- Sir, within this day, one of the most Judge Hogan, singularly literate deci- ancing interests, conflicting or often learned, experienced men I know in sions. unrelated, but there are 100 Members of Washington said, ‘‘If LBJ,’’ meaning Judge Hogan begins his historical this Chamber. They represent 50 States Lyndon B. Johnson, ‘‘had had this analysis, if you will, with a citation and 550 different points of view. We ac- power, we would have had Nero.’’ I from Gibbon’s ‘‘Decline and Fall of the commodate them. We provide for this mean no disrespect; I was a member of Roman Empire’’: interest and for that interest and hope President Johnson’s subcabinet, and The principles of a free constitution are ir- and, I think, in the main see that the served him as well as I could do. But recoverably lost when the legislative power public interest is served by the oppor- you have to have experienced Lyndon is nominated by the executive. tunities of governing. Johnson close up, without this power, That is how he saw the decline of the If you were to take one of those pro- to know what the powers of persuasion Roman Senate, inexorably followed by visions out or two or three, it would be of a President can be. the decline of Roman civilization. That quite possible you would not have the But given this power, you produce an is what we are dealing with here today. votes to pass the bill. There could be a imbalance in your constitutional sys- As Senator BYRD has so forcefully filibuster, or there simply could not be tem which the founders pleaded with us stated, George Washington, whose the 51 votes. not to do. They produced a system that birthday we observe on Monday, who However, with the line-item veto, the has worked well. We are the oldest con- presided over the Constitutional Con- President can subsequently take out tinuous constitutional government on vention, in his later writings put it as such provisions such that the statute Earth. If we wish to change the Con- explicitly as only he could do with that books will contain a law which never stitution there is a way to do that, too, clarity and simplicity he had. Wash- could have passed the U.S. Congress. but not through statute. And that is ington said: How say we, the statute books will what the court has now for the second From the nature of the Constitution, I have a law that could not have passed time ruled, and I hope that the Su- must approve all the parts of a Bill or reject the Congress? Here it is, this is the ar- preme Court will agree. it in toto. rangement. The courts are so clear on I would particularly like to thank That could not be more plain. And we this, and I so look forward to a final Mayor Rudolph W. Giuliani of New find the courts saying to us—I don’t decision by the Supreme Court. York, who stepped right up to this presume to say this is obiter dicta, but It is interesting, if I may say, just to issue when many people suggested he I can see the courts pleading: ‘‘Sen- give an illustration of the compound not do. And most particularly, to the ators, do you not know what is at interests of people involved, on the one counsel who have served us pro bono so stake?’’ hand we have two plaintiffs here, the well: Michael Davidson; Charles J. Coo- As for the claims of efficiency and City of New York, et al. The City of per; Paul A. Crotty, former Corpora- economy and this and that—legitimate New York being the Greater New York tion Counsel of the City of New York; claims—but the court refers in this Hospital Association, those great hos- Louis R. Cohen, Lloyd N. Cutler, Alan particular decision, Judge Hogan refers pitals and the union of hospital em- Morrison. And finally, sir, any number to a wonderful passage from Chadha, ployees which work there. The city, of professors of law have offered their which was so true about the original great science centers, ordinary persons counsel. Most particularly Laurence H. understandings of the political and who clean floors and care for patients. Tribe, of the Harvard Law School, and Government process of the founders. They are one group. Michael J. Gerhardt, the dean of Case He said in the Immigration and Natu- Across the continent, another group, Western Reserve Law, have been ralization Service v. Chadha, a decision the Snake River Potato Growers, In- unstinting in their willingness to ad- in 1983—as I recall, it is on the one- corporated—about 30 farmers. They vise us in a matter they consider just House veto—the court said: grow potatoes. They have an interest. as important as we do. It was in a bill, and it was taken out. Mr. President, I thank the Chair for The fact that a given law or procedure is efficient, convenient and useful in facili- That interest, I think, would have had its courtesy. I thank my leader, my be- tating functions of government standing real effect on the decision how to vote loved and revered leader, Senator alone will not save it if it is contrary to the of the two Senators in this Chamber BYRD. Constitution. Convenience and efficiency are who represent those potato growers. I yield the floor.

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EXHIBIT NO. 1 reverses the appropriation presumptions (Greater New York Hospital Association, or [United States District Court for the District under the 1CA. GNYHA, and New York City Health and Hos- of Columbia, Civ. No. 97–2393 (TFH)] The Line Item Veto Act gives the Presi- pitals Corporation, or NYCHHC), one hos- dent the authority to ‘‘cancel in whole,’’ at pital (the Jamaica Hospital Medical Center), CITY OF NEW YORK, ET AL., PLAINTIFF, v. any time within five days (excluding Sun- and two unions that represent health care WILLIAM J. CLINTON, ET AL., DEFENDANT days) after signing a bill into law, (1) ‘‘any employees (District Council 37, American dollar amount of discretionary budget au- Federation of State, County and Municipal [United States District Court for the District thority;’’ (2) ‘‘any item of new direct spend- Employees and Local 1199, National Health of Columbia, Civ. No. 97–2463 (TFH)] ing;’’ and (3) ‘‘any limited tax benefit.’’ 2 and Human Service Employees). SNAKE RIVER POTATO GROWERS, INC., ET AL., U.S.C. § 691a (1997). The City of New York Plaintiffs’ claims A ‘‘dollar amount of discretionary budget PLAINTIFF, v. ROBERT E. RUBIN, ET AL., DE- arise out of a dispute over Federal Medicaid authority’’ is defined as ‘‘the entire dollar FENDANT payments to the State of New York. The amount of budget authority’’ that is speci- Health Care Financing Administration of the MEMORANDUM OPINION fied in the text of an appropriations law or Department of Health and Human Services This case requires the Court to adjudge the found in the tables, charts, or explanatory (‘‘HCFA’’) provides federal financial partici- constitutionality of the Line Item Veto Act. text of statements or committee reports ac- Before reaching the constitutional chal- companying a bill. Id. at § 691e(7). An ‘‘item pation (‘‘FFP’’) to match certain state Med- lenge, however, the Court must first con- of new direct spending’’ is a specific provi- icaid expenditures. (See Brown Decl., Defs.’ T clude that it has jurisdiction to hear the sion that will result in ‘‘an increase in budg- Ex. 1 at 3.) The FFP provided by the Federal case, by determining that Plaintiffs in this et authority or outlays’’ for entitlements, Medicaid program to match state expendi- action have Article III standing. Based on food stamps, or other specified programs. Id. tures is reduced by the revenue that the the briefs and exhibits submitted by the par- at §§ 691e(8), 691e(5). A ‘‘limited tax benefit’’ state receives from health care related taxes. T ties and amici curiae,1 and argument at a is a revenue-losing provision that gives tax Id. at 4. The FFP is not reduced, however, hearing conducted on January 14, 1998, the relief to 100 or fewer beneficiaries in any fis- by tax revenue that meets specific criteria, Court finds that these Plaintiffs have dem- cal year, or a tax provision that ‘‘provides including that the taxes are ‘‘broad-based’’ onstrated the requisite injury to have stand- temporary or permanent transitional relief (i.e., applied to all health care providers ing; furthermore, it finds that the Line Item for ten or fewer beneficiaries in any fiscal within the same class) and ‘‘uniform’’ (i.e., Veto Act violates the procedural require- year’’ 5 Id. at § 691e(9). applied equally to all taxed providers). Id. ments ordained in Article I of the United With respect to any dollar amount of dis- New York State taxes its health care pro- States Constitution and impermissibly up- cretionary budget authority, the Act defines viders and uses this tax revenue to pay for sets the balance of powers so carefully pre- ‘‘cancel’’ as ‘‘to rescind.’’ Id. § 691e(4)(A). health care for the poor. (See Wang Decl., scribed by its Framers. The Line Item Veto Cancellation of an item of new direct spend- Pls.’ Ex. 2 at T4.) The State exempts certain Act therefore is unconstitutional. ing or a limited tax benefit prevents it from revenues (e.g., those derived from particular having ‘‘legal force or effect.’’ Id. at charities) of some health care providers (e.g., I. Background § 691e(4)(B). Canceled funds may not be used the plaintiff health care providers) from the 2 A. The Line Item Veto Act for any purpose other than deficit reduction. health care provider tax. (See van Leer Decl., Unable to control its voracious appetite for Id. at §§ 691c(a)-(b). Pls.’ Ex. 3 at T3.) That is, New York exempts ‘‘pork,’’ Congress passed, and the President To exercise cancellation authority, the plaintiff health care providers from taxes signed into law, the Line Item Veto Act. President must submit a ‘‘special message’’ that other health care providers must pay. Pub. L. No. 104–130, 110 Stat. 1200 (1996).3 The to Congress within five calendar days of On December 19, 1994, HCFA notified New Act is designed as an amendment to, and an signing a bill containing the item being can- York State that 19 of its tax programs vio- celed. Id. at § 691a(c)(1). The President’s spe- enhancement of, Title X of the Congressional lated HCFA’s requirements. (See Dear State cial message must set forth the reasons for Budget and Impoundment Control Act of 1974 Medicaid Director Letter, Pls.’ Ex. 2D.) Since the cancellation; the President’s estimate of (‘‘ICA’’). 2 U.S.C. §§ 681 et seq. The ICA au- then, New York has submitted over 60 waiver the ‘‘fiscal, economic, and budgetary effect’’ thorized the President to defer spending of applications to HCFA, which to date have Congressional appropriations during the of the cancellation; an estimate of ‘‘the . . . effect of the cancellation upon the objects, neither been approved nor denied. (See Wang course of a fiscal year or other period of Decl., at T7.) A finding by HCFA that a availability, as long as Congress intended for purposes and programs for which the can- celed authority was provided;’’ and the geo- State’s taxes are impermissible effects a dis- those appropriations to be permissive rather graphic distribution of the canceled spend- allowance of the State’s Medicaid expendi- than mandatory. Id. The President also ing. Id. at § 691a(b). The President may exer- tures and allows HCFA to recoup the match- could propose the total rescission of an ap- cise this authority only after determining ing funds that it has already paid to the propriation to Congress, but unless Congress that doing so will ‘‘(i) reduce the Federal State. Id. at T6. If HCFA denies a waiver re- approved the rescission, the President was budget deficit; (ii) not impair any essential quest, the State may appeal the denial to the obligated to release the funds. Id. §§ 683(b), Government functions; and (iii) not harm the Departmental Appeals Board. (See Brown 688. Because it generally failed to make the national interest.’’ Id. at § 691(a)(A). Decl. at T6.) rescissions recommended by the President, A cancellation takes effect upon Congress’ If HCFA ultimately deems New York’s Congress found this arrangement to be an receipt of the President’s special message. taxes impermissible, New York State law unsatisfactory mechanism for controlling Id. at § 691b(a). Congress can restore a can- provides that those health care providers deficit spending.4 celed item by passing a ‘‘disapproval bill,’’ that were previously excluded from the taxes As large deficits persisted, Congress con- which is not subject to the President’s Line must pay them retroactively. (See Wang sidered various amendments to the ICA to Item Veto authority, but is subject to the Decl. at T8.) For example, NYCHHC’s tax li- alleviate its perceived defects. One proposal, veto provisions detailed in Article I. Id. Dis- ability is estimated to be more than $4 mil- called ‘‘expedited rescission,’’ would amend approval bills must comport with the re- lion for each year at issue. In total, $2.6 bil- the ICA to streamline the process for Con- quirements prescribed in Article I, section 7, lion may be subject to recoupment from New gressional approval of rescissions proposed although the Line Item Veto Act provides York State. Id. at TT7–8. by the President. See e.g., H.R. 2164, 102d for expedited consideration of these bills. Id. The Balanced Budget Act of 1997, Pub. L. Cong. (1991). Other proposals included at §§ 691e(6), 692(c). If a disapproval bill is en- No. 105–33, included a provision, section amending the Constitution to give the Presi- acted into law, the President’s cancellation 4722(c), that would have alleviated this expo- dent a line item veto, see e.g., H.R.J. Res. 6, is nullified and the canceled items become sure to liability. It established that New 104th Cong. (1995); H.R.J. Res. 4, 103d Cong. effective. Id. at § 691b(a). York State expenditures derived from cer- (1993), or adopting a congressional procedure In terms of judicial review, the Line Item tain health care provider taxes qualified for for presenting each spending provision to the Veto Act provides that ‘‘[a]ny member of FFP under the Medicaid program. Id. at T 9. President as a separate bill, for approval or Congress or any individual adversely af- This section signified that New York State veto. See, e.g., S. 137, 104th Cong. (1995); S. fected . . . may bring an action in the United would not have to return the funds in ques- 238, 104th Cong. (1995). Congress settled on an States District Court for the District of Co- tion to HCFA; for Plaintiffs, it meant that ‘‘enhanced rescission’’ proposal, codified in lumbia, for declaratory judgment and in- they were relieved of their liability to New the Line Item Veto Act, that makes Execu- junctive relief on the ground that any provi- York State should HCFA deny New York’s tive rescissions automatic in defined cir- sion of [the Act] violates the Constitution.’’ waiver requests. cumstances, subject to congressional dis- Id. at § 692(a)(1). The Act provides for direct The President signed the Balanced Budget approval. By making appropriations ‘‘condi- appeal to the Supreme Court and directs Act into law on August 5, 1997. Six days tional’’ during the period in which the Presi- both Courts ‘‘to expedite to the greatest pos- later, he identified section 4722(c) as an item dent has authority to veto provisions, and sible extent the disposition of any matter of new direct spending and canceled it, thus ‘‘by placing the onus on Congress to overturn brought under [this provision.]’’ Id. at 692(b)- reinstating Plaintiffs’ exposure to liability. the President’s cancellation of spending and (c). Cancellation No. 97–3, 62 Fed. Reg. 43,263 limited tax benefits,’’ H.R. Conf. Rep. No. B. Factual Background in New York City v. (1997). The President adopted the Congres- 104–491, at 16 (1996), the Line Item Veto Act Clinton sional Budget Office’s estimate that the can- The City of New York plaintiffs consist of cellation of section 4722(c) would reduce the Footnotes at end of exhibit. the City itself, two hospital associations federal deficit by $200 million in FY 1998. Id.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S695 C. Factual Background in Snake River Potato The central jurisdictional requirement were exonerated of their burden. Plaintiffs Growers, Inc. v. Rubin that controls the analysis of these consoli- possessed a valuable protection against any Snake River Potato Growers, Inc. is, ac- dated cases is the doctrine of standing. The liability that otherwise might befall them. cording to Plaintiffs, an ‘‘eligible farmers’ Supreme Court has emphasized that the This protection constituted a benefit to cooperative’’ within the meaning of section standing inquiry is ‘‘especially rigorous Plaintiffs. When the President canceled sec- 968 of the Taxpayer Relief Act. (See Cranney when reaching the merits of the dispute tion 4722(c), Plaintiffs were divested of the Decl., Pls.’ Ex. 2 at T 9.) Its membership con- would force us to decide whether an action benefit conferred upon them by the legisla- sists of approximately 30 potato growers lo- taken by one of the other two branches of tion. In the simplest terms, Plaintiffs had a cated throughout Idaho, who each owns the Federal Government was unconstitu- benefit, and the President took that benefit shares of the cooperative. Plaintiff Mike tional.’’ Raines, 117 S.Ct. at 2317–18. It has away. That is injury. Cranney, a potato grower with farms located cautioned, Defendants argue that, because there are in Idaho, is a member, Director and Vice ‘‘the law of Art. III standing is built on a sin- still administrative options available to Chairman of the cooperative. Id. at T 2. Snake gle basic idea—the idea of separation of pow- Plaintiffs, Plaintiffs were not injured by the River was formed in May 1997 to assist Idaho ers.’’ In the light of this overriding and time- President’s cancellation of this legislative potato growers in marketing their crops and honored concern about keeping the Judi- solution. The Court disagrees. Plaintiffs had two independent avenues that they could stabilizing prices, in part though a strategy ciary’s power within its proper constitu- have pursued to avoid potential liability: one of acquiring potato processing facilities. Id. tional sphere, we must put aside the natural legislative and one administrative. The leg- at T 9. These facilities allow individual grow- urge to proceed directly to the merits of this islative approach yielded complete success. ers to aggregate their crops and process and important dispute and to ‘settle’ it for the The fact that there are two mechanisms that deliver them to market jointly. Further- sake of convenience and efficiency. more, they allow members to retain revenues could produce a result does not mean that a It is with these admonitions soundly in mind formerly paid out to third-party processors. party is not injured when one of those mech- that this Court proceeds with its standing Id. at T 13. anisms produces the desired result, and then On August 5, 1997, the President signed analysis regarding the plaintiffs now before that result is obliterated. Analogously, if into law the Taxpayer Relief Act, Pub. L. it. Plaintiffs were pursuing a challenge to a No. 105–34, 111 Stat. 788 (‘‘TRA’’). Section 968 A. Standing final agency action, the fact that there of the TRA amended the Internal Revenue While the Supreme Court has candidly ac- might also be pending legislation would not Code to allow the owner of the stock of a knowledged that ‘‘the concept of ‘Article III deprive them of standing to challenge the qualified agricultural refiner or processor to Standing’ has not been defined with com- final agency action. See INS v. Chadha, 462 defer recognition of capital gains on the sale plete consistency in all of the various cases U.S. 919, 936–37 (1983) (Burger, C.J.) (finding of such stock to an eligible farmers’ coopera- decided by this Court which have discussed that the existence of other speculative ave- tive. That is, it would have allowed a proc- it.’’ 7 Valley Forge Christian College, 454 U.S. nues of relief does not constitute a pruden- essor to sell its facilities to an eligible coop- at 475, certain basic principles have been dis- tial bar to the Court’s consideration of a erative without paying tax currently on any tilled from the Court’s decisions: case). The Court finds that the availability capital gain. The stated purpose of section To establish an Art. III case or controversy, of administrative relief does not eliminate 968 was to aid farmers’ cooperatives in the a litigant first must clearly demonstrate Plaintiff’s injury in the legislative arena. purchase of processing and refining facili- that he has suffered an ‘‘injury in fact.’’ Plaintiffs also have shown with reasonable ties.6 (See Dear Colleague Letter by Reps. That injury, we have emphasized repeatedly, certainty that they will be liable for mil- Roberts and Stenholm of 12/1/95, Pls.’ Ex. 5.) must be concrete in both a qualitative and lions of dollars now that Section 4722(c) has On August 11, 1997, the President identified temporal sense. The complainant must al- been canceled. Under the current law, it is this provision as a ‘‘limited tax benefit,’’ lege an injury to himself that is ‘‘distinct highly likely that the State of New York within the meaning of the Line Item Veto and palpable,’’ as opposed to merely ‘‘ab- will be required to return to HCFA at least Act, and canceled it. Cancellation No. 97–2, stract,’’ and the alleged harm must be actual some of the funds that HCFA paid to the 62 Fed. Reg. 43,267 (1997). In his cancellation or imminent, not ‘‘conjectural’’ or ‘‘hypo- State. First of all, HCFA has already deemed message, the President estimated that sell- thetical.’’ Further, the litigant must satisfy the taxes impermissible. HHS has stated ers could have used section 968 to defer pay- the ‘‘causation’’ and ‘‘redressability’’ prongs that in the absence of legislation (like Sec- ing $98 million in taxes over the next five of the Art. III minima by showing that the tion 4277(c)), by August 1998, ‘‘the Secretary years, and $155 million over the next ten. Id. injury ‘‘fairly can be traced to the chal- will move forward to complete the process Snake River had actively pursued at least lenged action’’ and ‘‘is likely to be redressed already begun to apply with full force the one transaction that could have taken ad- by a favorable decision.’’ The litigant must current law.’’ (Dear State Medicaid Directors vantage of section 968. In May 1997, when clearly and specifically set forth facts suffi- Letter, Pls.’ Ex. 2D.) Next, to exercise Line Congress initially was considering the pro- cient to satisfy these Art. III standing re- Item Veto authority, the President was re- posals in section 968, Mike Cranney and an- quirements. A federal court is powerless to quired to certify that the veto would reduce other officer of Snake River discussed with create its own jurisdiction by embellishing the federal deficit; he complied with that re- Howard Phillips, a principal owner of Idaho otherwise deficient allegations of standing. quirement by certifying that cancellation of Potato Packers (‘‘IPP’’), the purchase by Section 4277(c) would result in a reduction in Whitmore v. Arkansas, 495 U.S. 149 (1990) (in- Snake River of the stock of a company that federal outlays in FY 1998 of $200 million. ternal citations omitted). Here, the principal owned an IPP potato processing facility in Cancellation No. 97–3, 62 Fed. Reg. 43,263 standing inquiry is whether Plaintiffs can Blackfoot, Idaho. (See Cranney Decl. at T 19.) (1997). Finally, at a press briefing on the can- demonstrate sufficient injury, ‘‘actual or Plaintiffs contend that this company would cellation, Office of Management and Budget threatened.’’ See Valley Forge Christian Col- have been a ‘‘qualified processor’’ under sec- Director Franklin Raines described Section lege, 454 U.S. at 472. tion 968 and that a deal with Phillips could 4722(c) as ‘‘a provision that provided special Although these plaintiffs do not neatly fit have been structured so as to comply with relief to the State of New York for provider into any category of plaintiffs that the Su- all requirements of section 968. Id. at TT 21–23. taxes that had been determined by HCFA to be preme Court has already found to have Plaintiffs maintain that Phillips was inter- illegal under a 1991 statute.’’ (Pls.’ Ex 2C (em- standing, this Court finds that they meet the ested in pursuing the sale because he could phasis added).) Raines added that ‘‘New York Article III requirements. The President di- defer taxes on his gain if section 968 passed. will not be able’’ to use the taxes to increase rectly injured both the City of New York Id. at T 23. The negotiations did not continue its FFP. Id. Thus, this Court concludes that plaintiffs and the Snake River plaintiffs after the President canceled section 968. Id. it is more likely than not that the State of when he canceled legislation that provided a at T 24. New York will be required to refund at least benefit to them. II. Justiciability some of the payments it has received from Before tackling the merits of this case, the 1. City of New York Plaintiffs8 HCFA. Court must first determine whether it has Plaintiffs suffered an immediate, concrete Likewise, the Court finds that Plaintiffs jurisdiction to hear it. Under Article III, sec- injury the moment that the President used are highly likely to be required to indemnify tion 2 of the Constitution, the federal courts the Line Item Veto to cancel section 4722(c) the State for its HCFA recoupments. Defend- have jurisdiction over a dispute only if it is and deprived them of the benefits of that ants do not dispute that New York State law a ‘‘case’’ or ‘‘controversy.’’ See Raines v. law. The Court thus finds that Plaintiffs imposes automatic liabilities upon hospitals Byrd, 117 S.Ct. 2312 (1997). The Supreme Court have suffered sufficient injury to have Arti- and nursing homes upon a finding that New has regarded the case or controversy pre- cle III standing. York’s provider taxes are not permissible. requisite as a ‘‘bedrock requirement’’ and When the President signed the Balanced (See Wang Decl., Pls.’ Ex. 2 at T8). Plaintiffs has observed that ‘‘[n]o principle is more Budget Act of 1997, section 4722(c) became would avoid liability only in the unlikely fundamental to the judiciary’s proper role in law. See La Abra Silver Mining Co. v. United event that the State of New York would re- our system of government than the constitu- States, 175 U.S. 423, 454 (1899). Consequently, scind these laws or decline to enforce them. tional limitation of federal-court jurisdic- every New York State tax program held not Again, the Court finds that this scenario is tion to actual cases or controversies.’’ Id. cit- to meet HCFA’s requirements was deemed less likely than one in which Plaintiffs are ing Valley Forge Christian College v. Americans permissible by federal legislation. The required to indemnify the State. United for Separation of Church and State, State’s liability was eliminated and the hos- Therefore, by finding that the City of New Inc., 454 U.S. 464, 471 (1982). pitals upon which that liability would fall York plaintiffs have demonstrated sufficient

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S696 CONGRESSIONAL RECORD — SENATE February 12, 1998 injury, the Court concludes that they have ers who desired to purchase farmlands in the Defendants also contend that Plaintiffs’ standing to challenge the constitutionality area had standing, because it was ‘‘unlikely’’ submissions regarding Mike Cranney’s of the Line Item Veto Act. that the owners of excess lands would sell at planned purchase of the IPP processing facil- 2. Snake River Plaintiffs below-market prices without the law, and it ity are barren of facts that would dem- was ‘‘likely’’ that excess lands would become Like the City of New York plaintiffs, the onstrate whether section 968 would have had available at less than market prices if the Snake River plaintiffs suffered an imme- any impact on that transaction, because of law were applied. 12 diate, concrete injury when the President the specific requirements of section 968. Likewise, the Snake River plaintiffs need While the Court will not speculate as to canceled section 968. Section 968 conferred a only show that the existence of section 968 whether Cranney’s deal with Phillips would benefit on Plaintiffs by putting them on would have made it more likely that they have been brought to fruition but for the equal footing with investor-owned busi- could acquire processing and refining facili- President’s cancellation of section 968, or nesses. Before section 968 was passed, inves- ties. As illustrated above, by putting Plain- even if that particular deal would have satis- tor-owned businesses could structure acqui- tiffs on equal footing with other bidders, it is fied the requirements of section 968, the ne- sitions of processing facilities as tax-de- likely that Plaintiffs would be able to make gotiations at the very least make it clear to ferred stock-for-stock exchanges. Farmers’ a purchase by offering less than they would the Court that Plaintiffs were actively cooperatives could not exchange their stock have without the benefit of section 968. Also, spending their time and money pursuing pur- because a cooperative’s stock can be held the tax deferral would, at the very least, give chases and that the President’s cancellation only by its members. Section 968 would have Plaintiffs more room to negotiate in terms of section 968 interfered with those plans. allowed sellers to defer capital gains taxes of price. Thus, section 968 would have helped 504 on sales to farmers’ co-ops, thus putting co- Compare, Lujan v. Defenders of Wildlife, the Snake River plaintiffs in their efforts to U.S. 555 (1991) (holding that plaintiffs lacked cops in the same competitive position as in- purchase processing and refining facilities. standing to challenge an environmental reg- vestor-owned businesses.9 Defendants argue that Plaintiffs cannot ulation because, although plaintiffs had a de- The Supreme Court has held that the in- meet the redressability requirement of the ability to compete on an equal basis in the sire to return to the habitat of certain en- standing doctrine. They cite Simon v. Eastern dangered species, they failed to present any bidding process is injury in fact. See North- Ky. Welfare Rights Org., 426 U.S. 26 (1976), and eastern Florida Chapter of the Associated Gen. concrete plans of an actual visit). Allen v. Wright, 468 U.S. 737 (1984), to support The Court finds that the Snake River Contractors of America v. City of Jacksonville, their contention that there is no way for the 508 U.S. 656 (1993). In that case, the Court plaintiffs suffered an injury when the Presi- Court to know whether any sellers would be dent canceled Section 968. Plaintiffs lost the found that contractors that regularly bid on, motivated by the benefits of section 968 to and performed, construction work for the benefit of being on equal footing with their sell to Plaintiffs. This case is distinguishable competitors and will likely have to pay more City of Jacksonville, and would have bid on from Simon and Allen, however, because here, designated set-aside contracts but for the re- to purchase processing facilities now that Plaintiffs have sufficiently demonstrated the sellers will not be able to take advantage strictions imposed, had standing, even that if this Court struck the Line Item Veto though they failed to allege that they would of section 968’s tax breaks. The Court there- Act and reinstated section 968, they would be fore concludes that the Snake River plain- have been awarded a contract but for the more likely to be able to competitively bid challenged ordinance. Here, regardless of tiffs have demonstrated sufficient injury to on, and prevail in purchasing, processing and have Article III standing. whether Plaintiffs can prove that they would refining facilities. have actually consummated purchases under In Simon, the Supreme Court determined III. Constitutional Analysis of the Line Item section 968, they are injured by the fact that that low-income plaintiffs lacked standing Veto Act section 968 put them on equal footing with to challenge a tax regulation establishing Having determined that it has jurisdiction their competitors and its cancellation dis- the amount of free medical care that a chari- to hear this case, the Court now turns to the abled them from competing on an equal table hospital must provide to maintain its merits of Plaintiffs’ constitutional chal- basis. When the President canceled section tax-exempt status. The Supreme Court ex- lenges. The Court begins with the presump- 968, Plaintiffs were divested of the benefit plained that it was ‘‘purely speculative’’ to tion that the Line Item Veto Act is valid. See conferred upon them by the legislation and assume that the challenged regulation e.g., INS v. Chadha, 462 U.S. 919, 944 (1983). therefore were concretely injured. caused charitable hospitals to provide less The Chadha Court cautioned, however, In addition, it is highly likely that the service that they would otherwise provide The fact that a given law or procedure is effi- Snake River plaintiffs would have been able free of charge, and it was ‘‘equally specula- cient, convenient, and useful in facilitating to take advantage of the benefits conferred tive’’ to assume that increasing the amount functions of government, standing alone, by section 968 and that they therefore will be of free service required for tax exemption will not save it if it is contrary to the Con- injured by the President’s cancellation of it. would in fact increase the amount of free stitution. Convenience and efficiency are not Snake River Potato Growers, Inc. was service provided. Simon, 426 U.S. at 42–43. The the primary objectives—or the hallmarks—of formed for the purpose of acquiring potato Court commented that the hospitals might democratic government... processing facilities. Although the sellers of elect to forgo favorable tax treatment to Id. processing and refining facilities would be avoid the financial drain of providing more The Court’s constitutional analysis is two- the direct beneficiaries of the capital gains free treatment. fold. First, the Court examines the Line Item tax deferral, it is likely that the fact that In Allen, the Supreme Court concluded that Veto Act in terms of the procedural require- the processors would be able to defer these parents of public school children lacked ments set forth in Article I, section 7; next, taxes would benefit Plaintiffs in a concrete standing to challenge the legality of a tax the Court discusses the doctrine of separa- way.10 For example, in a deal in which there exemption that benefitted racially discrimi- tion of powers. The Court concludes that the are not other prospective purchasers, even if natory private schools. The plaintiffs Line Item Veto Act fails both of these ex- a seller chose to completely absorb the mon- claimed that the tax exemption made it easi- aminations. etary benefits of the capital gains tax defer- er for white children to enroll in private ral, the fact that the seller would be able to schools, the result being that the public A. Procedural Requirements of Article I defer the taxes would, at the very least, like- schools were less diverse, to the plaintiffs’ The Constitution carefully prescribes cer- ly give Plaintiffs some room to negotiate in detriment. The Supreme Court indicated tain formal procedures that must be ob- terms of price; in a competitive situation, it that it would be ‘‘entirely speculative’’ to served in the enactment of laws. The Line would allow Plaintiffs to pay a lower pur- conclude that withdrawal of the tax exemp- Item Veto Act impermissibly attempts to chase price than they would have in a sce- tion would lead any private school to change alter these constitutional requirements nario in which they were not on equal foot- it exclusionary policies. Allen, 468 U.S. at 758. through mere legislative actions.13 Because ing with the other would-be purchasers.11 In both of these cases, there was arguably the Act violates Article I’s ‘‘single, finely While Plaintiffs cannot demonstrate with some disincentive to the institutions’ taking wrought and exhaustively considered, proce- certainty that they would be able to take ad- advantage of the tax benefit. The hospitals dure,’’ Chadha, 462 U.S. at 951, it is unconsti- vantage of the benefits provided by section in Simon would have to admit more non-pay- tutional. 968, such certainty is not required. In Bryant ing patients; the schools in Allen would have Article I, section 7 of the Constitution sets v. Yellen, 447 U.S. 352 (1980), for example, to admit a more diverse student body, forth dual requirements for the enactment of farm workers wishing to purchase land had against their wishes. In these cases, it may statutes: bicameral passage and presentment standing even though they could not with indeed have been speculative to attempt to to the President. See U.S. Const. art. I, § 7, cl. certainty establish that they would be able determine whether the hospitals and schools 2 (‘‘Every Bill which shall have passed the to purchase it. In that case, a reclamation would be willing to make these changes in House of Representatives and the Senate, law forbid delivery of reclamation project order to take advantage of the tax incentive. shall, before it become a Law, be presented water to any irrigable land held in private Here, Defendants do not allege that there is to the President of the United States; If he ownership by one owner in excess of 160 any ‘‘cost’’ to the selling processors and re- approve he shall sign it, but if not he shall acres. If this law were enforced, owners of finers in taking advantage of the tax benefits return in . . .’’) (the Bicameralism and Pre- land in excess of 160 acres would probably that section 968 would offer. Unlike the sentment Clauses). The considerations be- sell their excess acreage and would probably schools and hospitals in Allen and Simon, the hind the Great Compromise, under which one be forced to sell at below current market sellers’ decision likely would be a purely fi- House was viewed as representing the People prices. The Court reasoned that farm work- nancial one. and the other, the States, dictated that the

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S697 Bicameralism and Presentment Clauses veto. Nothing changes about the bill. The constitutional means, and personal motives, would serve essential constitutional func- law remains law.... The law remains on to resist encroachments of the others.’’ The tions. ‘‘By providing that no law could take the books and the law remains valid.’’ (Tr. of Federalist No. 51, at 349 (J. Cooke ed. 1961). effect without the concurrence of the pre- Mot. Hr’g, Jan. 14, 1998 at 71, 78.) The Court The Framers ‘‘regarded the checks and bal- scribed majority of the Members of both does not follow Defendants’ logic. In the ances that they built into the tripartite Fed- Houses, the Framers reemphasized their be- words of Richard Cardinal Cushing, ‘‘When I eral Government as a self-executing safe- lief . . . that legislation should not be en- see a bird that walks like a duck and swims guard against the encroachment or aggran- acted unless it has been carefully and fully like a duck and quacks like a duck, I call dizement of one branch at the expense of the considered by the Nation’s elected officials.’’ that bird a duck.’’ Whatever defendants wish other.’’ Buckley v. Valeo, 424 U.S. at 122. Chadha, 462 U.S. at 948–49. At the heart of to call the President’s action, it has every Pursuant to the doctrine of separated pow- the notion of bicameralism is the require- mark of a veto. The Line Item Veto Act ers, certain functions are divided between ment that any bill must be passed by both states explicitly that ‘‘cancel’’ means ‘‘to re- the legislative and executive branches. Arti- Houses of Congress in exactly the same form. scind’’ or to render the provision as having cle I, section 1 vests all legislative authority The Constitution requires that both the no ‘‘legal force or effect.’’ How a ‘‘canceled’’ in Congress. Legislative power is the author- amendment and repeal of statutes also con- provision ‘‘remains on the books’’ and ‘‘re- ity to make laws. Myers v. United States, 272 U.S. 52 (1926). Executive power, on the other form with these Article I requirements. mains valid’’ defies logic. The only way to hand, is to ‘‘take Care that the Laws be Chadha, 462 U.S. at 954. It makes only four restore these canceled provisions is for Con- faithfully executed.’’ U.S. Const., art. II, § 3. narrow exceptions to this single mechanism gress to pass and present new bills according With regard to lawmaking, the President’s by which the provisions of a law may be can- to the procedure prescribed in Article I. function is strictly a negative one: to veto a celed. See U.S. Const. art. I, § 2, cl. 6; art. 1, Clearly, this is an indication that the can- bill in its entirety. § 3, cl. 5; art. II, § 2, cl. 2; art. II, § 2, cl. 2. Con- celed law no longer exists. Therefore, despite While it is Congress’ duty to make laws, gress may not add to this exclusive list with- Defendants’ contentions, the Court finds Congress can delegate certain rulemaking out amending the Constitution. In the words that when the President canceled these pro- authority to other branches, as long as that of the Chadha court, visions pursuant to his Line Item Veto au- delegation is appropriate to the duties of The bicameral requirement, the Present- thority, he unilaterally repealed duly en- that branch. See Mistretta, 488 U.S. at 388. ment Clauses, the President’s veto, and Con- acted provisions and amended duly enacted Congress may not, however, delegate its in- gress’ power to override a veto were intended laws, which Article I does not permit him to herent lawmaking authority. See, e.g., Loving to erect enduring checks on each Branch and do. v. United States, 116 S.Ct. 1737, 1744 (1996) to protect the people from the improvident Finally, Congress’ ‘‘indirect attempt[] to (‘‘[T]he lawmaking function belongs to Con- exercise of power by mandating certain pre- accomplish the Constitution prohibits... gress . . . and may not be conveyed to an- scribed steps. To preserve those checks, and accomplishing directly’’ cannot stand. U.S. other branch or entity.’’); Field v. Clark, 143 maintain the separation of powers, the care- Term Limits, Inc. v. Thornton, 514 U.S. 779, 829 U.S. 649, 692 (1892) (‘‘That Congress cannot fully defined limits on the power of each (1995). ‘‘To argue otherwise is to suggest that delegate legislative power to the president is Branch must not be eroded. To accomplish the Framers spent significant time and en- a principle universally recognized as vital to what has been attempted [here] requires ac- ergy in debating and crafting Clauses that the integrity and maintenance of the system tion in conformity with the express proce- could be easily evaded.’’ Id. at 831. Congress of government ordained by the Constitu- dures of the Constitution’s prescription for knew that a simple Line Item Veto, per- tion.’’); Edward Gibbon, History of the Decline legislative action: passage by a majority of formed prior to the President’s signature, and Fall of the Roman Empire 33 (1838) (‘‘The both Houses and presentment to the Presi- would violate Article I’s requirement that principles of a free constitution are irrecov- dent. the president sign or return the bills in toto. erably lost, when the legislative power is Chadha, 462 U.S. at 957–58. See Line Item Veto: The President’s Constitu- nominated by the executive.’’); Sir William Here, while the initial passage of the Bal- tional Authority, Hearing on S. Res. 195 Before Blackstone, 1 Commentaries on the Laws of anced Budget Act and the Taxpayer Relief the Subcomm. on the Constitution of the Comm. England, 146 (9th ed., reprinted 1978) (1783) Act complied with the Article I require- on the Judiciary, 103d Cong. (1994). This limi- (‘‘In all tyrannical governments the supreme ments, the Line Item Veto Act then author- tation on the President has been clear since magistracy, or the right of both making and ized the President to violate those require- George Washington’s tenure. See 33 Writings of enforcing the laws, is vested in one and the ments by producing laws that had not ad- of George Washington 96 (John C. Fitzpatrick same man, or one and the same body of men; hered to those requirements. Both Houses of ed. 1940) (‘‘From the nature of the Constitu- and wherever these two powers are united to- gether, there can be no public liberty.’’). Congress, through a process of discussion tion, I must approve all the parts of a Bill, The line between permissible delegations and compromise, had agreed upon the exact or reject it in toto.’’) Congress cannot evade of rulemaking authority and impermissible content of the Balanced Budget Act and the this long-accepted requirement by merely changing the timing of the President’s can- abandonments of lawmaking power is a thin Taxpayer Relief Act. These laws reflected one. As one court described the distinction, the best judgment of both Houses. The laws cellation. Because the Line Item Veto produced laws ‘‘The legislature cannot delegate its power that resulted after the President’s line item in violation of the requirement of bicameral to make a law, but it can make a law to dele- veto were different from those consented to passage, because it permitted the President gate a power to determine some fact or state by both Houses of Congress. There is no way unilaterally to repeal or amend duly enacted of things upon which the law makes, or in- of knowing whether these laws, in their laws, and because it impermissibly attempts tends to make, its own action depend.’’ Field, truncated form, would have received the req- to evade the requirement that the President 143 U.S. at 694. Stated another way, ‘‘The uisite support from both the House and the sign or reject a bill in toto, the Act violates true distinction . . . is between the delega- Senate. Because the laws that emerged after the requirements of Article I. For that rea- tion of power to make the law, which nec- the Line Item Veto are not the same laws son alone, the Line Item Veto Act is uncon- essarily involves a discretion as to what it that proceeded through the legislative proc- stitutional. shall be, and conferring an authority or dis- ess, as required, the resulting laws are not cretion as to its execution, to be exercised B. Separation of Powers valid. under and in pursuance of the law. The first Furthermore, the President violated the Furthermore, the Line Item Veto Act is cannot be done; to the latter no valid objec- requirements of Article I when he unilater- unconstitutional because it impermissibly tion can be made.’’ Hampton v. United States, ally canceled provisions of duly enacted stat- disrupts the balance of powers among the 276 U.S. 394 (1928). utes. Unilateral action by any single partici- three branches of government.14 The separa- The Line Item Veto Act impermissibly pant in the law-making process is precisely tion of powers into three coordinate crosses the line between acceptable delega- what the Bicameralism and Presentment branches is central to the principles on tions of rulemaking authority and unauthor- Clauses were designed to prevent. Once a bill which this country was founded. See, e.g., ized surrender to the President of an inher- becomes law, it can only be repealed or Mistretta v. United States, 488 U.S. 361, 380 ently legislative function, namely, the au- amended through another, independent legis- (1989). The declared purpose of separating thority to permanently shape laws and pack- lative enactment, which itself must conform and dividing the powers of government was age legislation. The Act enables the Presi- with the requirements of Article I. Any re- to ‘‘diffuse power the better to secure lib- dent, in his discretion, to pick and choose scissions must be agreed upon by a majority erty.’’ Youngstown Sheet & Tube Co. v. Saw- among portions of an enacted law to deter- of both Houses of Congress. The President yer, 343 U.S. 579, 635 (1952). In writing about mine which ones will remain valid. The Con- cannot single-handedly revise the work of the principle of separated powers, Madison stitution, however, dictates that once a bill the other two participants in the lawmaking stated, ‘‘No political truth is certainly of becomes law, the President’s sole duty is to process, as he did here when he vetoed cer- greater intrinsic value or is stamped with ‘‘take care that the laws be faithfully exe- tain provisions of these statutes. the authority of more enlightened patrons of cuted.’’ His power cannot expand to that of Defendants, curiously, contend that, de- liberty.’’ The Federalist No. 47, at 324 (J. ‘‘co-designer’’ of the law—that is Congress’ spite its title, the Line Item Veto Act does Cooke ed. 1961). Madison later wrote, ‘‘But domain. Any subsequent amendment of a not authorize the President to ‘‘veto’’ any- the great security against a gradual con- statute falls under Congress’ responsibility thing. They maintain that under the Act, centration of the several powers in the same to legislate. The President cannot take this ‘‘[t]he Bill stays as law, unless the President department, consists in giving to those who duty upon himself; nor can Congress relin- were to exercise his constitutional power to administer each department, the necessary quish that power to the Executive Branch.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S698 CONGRESSIONAL RECORD — SENATE February 12, 1998 The Defendants contend that the Line tenets of our system of government, it can- who make up the eligible farmers’ cooperative that Item Veto is no different than the many del- not stand. is purchasing the corporations’ stock or from the co- egations of legislative authority that Con- Therefore, because the Court finds that operative itself. 13 gress has made in the past. See, e.g., Field v. Plaintiffs have demonstrated the requisite This approach has been cautioned against since the founding of our democracy. ‘‘If in the opinion of Clark, 143 U.S. 649. Unlike other delegations injury to have standing and, furthermore, the People, the distribution or modification of the of Congressional authority, however, the that the Line Item Veto Act violates the Constitutional powers be in any particular wrong, Line Item Veto Act authorizes the President provisions of Article I, section 7 of the let it be corrected by an amendment in the way to permanently extinguish laws. These laws United States Constitution and the separa- which the Constitution designates. But let there be cannot be revived even if the President (or tion of powers doctrine, this Court declares no change by usurpation; for though this, in one in- his successor) feels that they are needed. that the Line Item Veto Act is unconstitu- stance may be the instrument of good, it is the cus- Further, the Line Item Veto Act empowers tional. Accordingly, the Court will grant tomary weapon by which free governments are de- Plaintiffs’ Motions for Summary Judgment stroyed.’’ George Washington, Farewell Address, the President to make permanent changes to September 19, 1796 in 35 The Writings of George Wash- the text of the Internal Revenue Code, as he and deny Defendants’ Motion to Dismiss and ington 229 (John C. Fitzpatrick ed., 1940). did in the Snake River case. Such delega- Motion for Summary Judgment. An Order 14 While this analysis focuses on the balance of tions are unprecedented. will accompany this Opinion. powers between the legislative and executive Defendants further urge the Court to find FOOTNOTES branches, the Line Item Veto could also affect judi- that the Line Item Veto provides the Presi- cial independence. It is possible that the President 1 dent with ‘‘intelligible standards’’ as re- Amici curiae briefs were submitted by Senators might use the Line Item Veto to manipulate the ju- Robert C. Byrd, Daniel Patrick Moynihan, and Carl diciary’s budget, thus exerting pressure on its mem- quired by the delegation doctrine. See Levin, in support of Plaintiffs’ motions to declare Mistretta, 488 U.S. at 372. While it is true that bers. See Robert Destro, Whom Do You Trust? Judicial the Line Item Veto Act unconstitutional; the United Independence, the Power of the Purse & the Line Item the delegation doctrine has enjoyed a liberal States Senate, in support of the constitutionality of Veto, 44-Jan. Fed. Law. 26, 29 (1997). reading in the last 60 years or so, see, e.g., the Act; and Congressman Dan Burton, in support of Federal Radio Comm’n v. Nelson Bros., 289 U.S. the constitutionality of the Act. February 12, 1998. 266 (1933) (upholding a delegation based on 2 The Constitutionality of the Line Item Veto Act THOMAS F. HOGAN, ‘‘public convenience, interest or necessity’’), was litigated in this court a mere six months before U.S. District Judge. by trying to bypass the maxim that Congress the complaints in this case were filed. See Byrd v. Mr. BENNETT addressed the Chair. Raines, 956 F.Supp. 25 (D.D.C. 1997). In Byrd, Judge can delegate authority only if that authority Jackson declared the Act unconstitutional. Id. On a The PRESIDING OFFICER. The Sen- is, in fact, delegable, the Government at- direct appeal of that District Court decision, the Su- ator from Utah. tempts to ‘‘leap a chasm in two bounds.’’ preme Court held that appellees, six members of Mr. BENNETT. Mr. President, I hesi- (Benjamin Disraeli, Earl of Beaconsfield.) It Congress, lacked standing to bring the suit, and tate to intrude on this debate, but con- is irrelevant whether the Line Item Veto Act therefore vacated the District Court opinion and di- provides intelligible principles in its delega- rected that the complaint be dismissed. See Raines v. fession is good for the soul. tion of authority to the President because, Byrd, 117 S.Ct. 2312, 2323 (1997). I campaigned on behalf of a line-item 3 President Clinton signed the Line Item Veto Act veto. I worked on this floor for the pas- as discussed above, the Act impermissibly into law on April 9, 1996, it became effective January attempts to transfer non-delegable legisla- 1, 1997, and it remains effective until January 1, 2005. sage of the line-item veto. I enthu- tive authority to the Executive Branch. 4 Since 1974, Presidents have recommended $72.8 siastically voted for the line-item veto. The separation of powers between the billion in rescissions, but Congress has passed legis- I learned one thing in basic training President and Congress is clear: lation rescinding only $22.9 billion. S. Rep. No. 104– when I was in the military service of In the framework of our Constitution, the 13, at 2 (1995). 5 this country that has remained with President’s power to see that laws are faith- The Joint Congressional Committee on Taxation is responsible for identifying cancelable items in tax fully executed refutes the idea that he is to me. One of the things they taught us bills. Id. at § 691f. was that the best time to escape is im- be a lawmaker. The Constitution limits his 6 Before the passage of section 968, farmers’ co- functions in the lawmaking process to the operatives were at a competitive disadvantage vis a` mediately after you are captured. recommending of laws he thinks wise and vis investor-owned businesses. Co-ops could not ex- Don’t wait until you have been taken the vetoing of laws he thinks bad. And the change their stock for the stock of processing com- to the back lines. Don’t wait until you Constitution is neither silent nor equivocal panies, because a cooperative’s stock can be held T have been put in a prison camp to try about who shall make laws which the Presi- only by its members. (See Cranney Decl. at 15.) 7 But see Ralph Waldo Emerson, Essays: Self-Reli- to plot your escape. Escape imme- dent is to execute. ance (1841), ‘‘A foolish consistency is the hobgoblin diately after you are captured, when Youngstown, 343 U.S. at 587–88. By ceding in- of little minds.’’ you are within 100 yards of your own herently legislative authority to the Presi- 8 The Court’s standing analysis focuses on the dent, the Line Item Veto Act violates this plaintiff health care providers. As long as the Court lines. You are in the confusion of the constitutional framework. For that reason, determines that at least one of the New York plain- battlefield, you are under the control and for the reason that it violates the letter tiffs has standing, it does not need to consider the of troops who are not trained to hold standing issue as to the other plaintiffs in that ac- and spirit of the procedural requirements of tion. See Bowsher v. Synar, 478 U.S. 714, 721 (1986). on to prisoners. Article I, the Line Item Veto Act is uncon- 9 As a simplified example, if an investor-owned I have applied that principle in my stitutional. business and a farmers’ co-op each offered $1 million life. When I make a mistake I want to IV. Conclusion for a processing plant, the investor-owned business escape from it as quickly as possible Although the Line Item Veto Act may would always prevail because the processor would actually net $1 million from that sale, whereas it instead of waiting until I have been put have presented an innovative and effective would net less than $1 million from the sale to the into prison later on behind the enemy manner in which to control runaway spend- farmers’ co-op, because it would have to pay capital lines. ing by Congress, the Framers held loftier gains tax on that sale. Therefore, to compete for a I reasoned that the experience of values. The Chadha Court recognized this piece of property with an investor-owned business, tension between uncomplicated administra- the farmers’ co-op would have to offer more than the State Governors, 47 of whom have line- tion of government and the values honored investor-owned business to make up for the capital item vetoes, bade well for the line-item in the Constitution: gains tax that the purchaser would have to pay. veto. My own Governor in the State of 10 Defendants argue that because Plaintiffs them- The choices we discern as having been made selves would not have received the capital gains tax Utah has it. And it has not been the in the Constitutional convention impose bur- deferral, they are not the beneficiaries of section source of mischief in the process of leg- dens on governmental processes that often 968. The Court disagrees. The express purpose of sec- islation in the State. seem clumsy, inefficient, even unworkable, tion 968 was to help farmers to buy refining and I have seen that it has become the processing facilities by eliminating a tax obstacle but those hard choices were consciously source of mischief here in this body. made by men who had lived under a form of facing sellers who sell to them. Thus, although the direct recipient of the tax deferral was the sellers, it And, as I said to my revered colleague government that permitted arbitrary gov- was plainly understood that the intention was to on the Appropriations Committee when ernmental acts to go unchecked. There is no benefit the farmers; a cancellation of the tax defer- support in the Constitution or decisions of ral would really injure the farmers, not the owners this came up—and our chairman was this court for the proposition that the cum- of the processing plants, because the owners could expressing his usual enthusiasm; in bersomeness and delays often encountered in already get the tax deferral simply by selling to in- this case in anger for his position—it complying with explicit Constitutional vestor-owned businesses. 11 may be that I will have to eat a little standards may be avoided, either by the Con- For example, in the illustration provided in foot- note 9, supra, instead of having to offer, say, $1.3 crow. gress or by the President. With all the obvi- million to compete with the investor-owned busi- So as I receive the news of the action ous flaws of delay, untidiness, and potential ness, the co-op could offer an amount in the $1 mil- having been taken by the court in this for abuse, we have not yet found a better lion range. case, I stand now to say that I would way to preserve freedom than by making the 12 To qualify for a deferral of capital gains taxes exercise of power subject to the carefully under section 968(g), the seller must transfer 100% of not support an effort to try to overturn crafted restraints spelled out in the Con- the stock of the qualified processor to the farmers’ that decision. The time to escape is im- stitution. cooperative. Section 968(a) requires that, during the mediately after you are captured. And one-year period preceding the date of sale, the quali- Chadha, 462 U.S. at 959. Because the Line fied refiner or processor purchase at least 50% of the we have been captured. And I will es- Item Veto impermissibly violates the central products to be refined or processed from the farmers cape from my previous posture.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S699 I apologize, albeit much too late, to will not get into that. I thank you for weapons of mass destruction. This cyn- my primary opponent who stood in op- your remarks, sir. icism should not be rewarded. position to the line-item veto. And this Mr. BENNETT. I thank the senior I understand that we have been hold- was a matter of difference between the Senator from New York. Both of my ing up Senate bill 1311, the Iran Missile two of us in the primary. I think I senior friends are far too lavish in their Proliferation Sanctions Act, in def- made some progress because as we got praise, but I will accept it anyway in erence to the Russians to give them near the vote he recanted and came to the spirit of the moment. time to prove their good faith and in my side so as to try to get the people I yield the floor. deference to the Vice President’s meet- who were in favor of a line-item veto to Mr. BROWNBACK. Mr. President, I ing with them in March. In view of the vote for him instead of me. ask unanimous consent to speak for up latest developments and this informa- But I believe the arguments that to 5 minutes, and further that Senator tion, I believe such deference is mis- have been repeated here, the informa- DORGAN have the 1 hour that has been placed. I request that Senate bill 1311 tion given here from the decision of the allotted to him following at the end of be moved up on the Senate calendar. I judge, are sufficiently persuasive that I my 5 minutes. will make that request known to the need to make this apology and this re- The PRESIDING OFFICER. Is there leadership and ask that they proceed canting of a previous position. While I objection? Hearing none, without ob- forward because this ‘‘good faith’’ that may not be with my two colleagues on jection, it is so ordered. we are offering has obviously been re- many other matters, I try to be with Mr. BROWNBACK. Thank you, Mr. ceived in a way of making bad-faith them on constitutional matters. President. steps by the Russians and is further It is on this basis that I opposed a f proof today this cannot be allowed to constitutional amendment regarding RUSSIAN TRANSFER OF SEN- continue. Every day it is allowed to flag burning. That puts me at odds continue, more and more U.S. lives are with my senior colleague from Utah, SITIVE TECHNOLOGY TO ROGUE NATIONS at risk. It cannot be allowed to con- which always distresses me. It is for tinue. this purpose that I oppose McCain- Mr. BROWNBACK. Mr. President, to- I yield the floor. Feingold campaign finance reform be- day’s article from today’s Washington Mr. MCCAIN. I ask unanimous con- cause I think it is unconstitutional. I Post is yet more indication, unfortu- sent to address the Senate for 10 min- believe the courts have ruled in similar nately, of the bad faith with which utes as in morning business. I do that cases that the guts of the McCain-Fein- Russia has been dealing with us on the with the agreement of the Senator gold bill is in fact an intrusion on the transfer of sensitive technology to from North Dakota. first amendment. rogue nations, particularly, dual use The PRESIDING OFFICER. Without But I think there is no more impor- and missile technology. objection, it is so ordered. tant function that we have in this I am on the Foreign Affairs Com- f Chamber, whatever our disagreements mittee and chair the Middle East Sub- on the specifics, than the function of committee. And something that has SITUATION IN IRAQ protecting the Constitution against the been very troubling to me is the intro- Mr. MCCAIN. Mr. President, the Sec- whims of the hour. duction into the Middle East, particu- retaries of Defense and State have been And so I thank Senator BYRD and larly into Iran and into Iraq, of tech- pursuing political support, both in the Senator MOYNIHAN for their scholarship nology that can be used for missile de- Congress and among our allies, for the and for their leadership on this issue, velopment, for use of the delivery of use of military force against Iraq. and I, as one Senator at least on the weapons of mass destruction, even the I come to the floor today to express other side of the issue, throw in the development of weapons of mass de- my support for a military strike towel, eat a little crow, and declare my struction like biological warfare, bio- against Iraq and to urge our colleagues willingness to escape from a previous logical and chemical warfare weapons. and our allies to join us in supporting position. Evidence was in the Washington our troops and our Commander-in- Mr. BYRD. Mr. President, will the Post, again, today, that once again— Chief. The unfortunate impasse which Senator yield very briefly? not just the first time—but once again has precluded a full and conclusive Mr. BENNETT. I am happy to yield. Russian companies, with links to the Senate debate on a formal resolution of Mr. BYRD. Mr. President, I thank Government, were involved in violating support should not be misconstrued. the distinguished Senator for his re- the U.N. authorized embargo on sales Clearly, when and if the time comes, an marks. to Iraq of dual-use equipment. And this overwhelming majority in this body Diogenes walked the streets of Ath- is outrageous. And it is preposterous will support decisive action to end the ens in broad daylight with his lighted that they would be doing it. threat to our security that Iraq con- lantern. He was asked why. He an- The transfer to Iraq—which is a tinues to pose. Saddam Hussein should swered, ‘‘I am looking for a man.’’ rogue nation, with a leader who does have no doubt about that. Plato, when visiting Sicily, was asked not operate under internationally rec- We in government are frequently ac- by Hiero, the tyrannical head of the ognized civilized codes—of any dual-use cused of demonizing our enemies in Government, why he came to Sicily. He technology is unacceptable. And yet order to garner popular support here at said, ‘‘I am seeking an honest man.’’ May I say, Mr. President, today I once again today we have another ex- home for the kind of actions we are have found an honest man —the distin- ample. currently contemplating with regard to guished Senator from Utah. The transfer of equipment, such as Iraq. President Bush was accused of Mr. BENNETT. I thank the Senator the fermentation equipment, which doing precisely that during Operation from West Virginia. There could be no was alluded to today, which can be Desert Shield. There is a considerable higher tribute. I am grateful to him. used to develop biological weapons, and wealth of information pertaining to Mr. MOYNIHAN addressed the Chair. the possible collusion with the Iraqis Saddam Hussein’s years in power, The PRESIDING OFFICER. The Sen- against UNSCOM to hide technology though, that clearly indicates that we ator from New York. and weapons, is proof of a cynical bad are dealing with as ruthless and brutal Mr. MOYNIHAN. May I add, not only faith which is untenable. If this infor- a dictator as exists anywhere in the honest but a courageous man. In some mation is true—and I am told it is well world today. That is not demonizing an 21 years on the Senate floor I have not grounded—the Russians are making a individual; it is accurately describing a heard a more refreshing and inspiriting mockery of a very serious issue, and, man with the moral and ethical foun- statement. It is not surprising coming more importantly, they are putting dation required to employ chemical from the Senator from Utah, but it is U.S. forces at increased risk. weapons against his own population; to all the more amazing. There are few This type of behavior has immense assassinate any and all political rivals; places in this world today where such a implications for a policy towards Iran to have his own sons-in-law executed; statement could be made and praised. as well and the administration’s efforts to massacre Kurdish populations in the It is a tribute to you, sir; also a trib- to curb these sales of equipment that north and Shiite communities in the ute to the U.S. Army, I believe. But we can be used to deliver or to develop south; to invade Kuwait and impose a

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S700 CONGRESSIONAL RECORD — SENATE February 12, 1998 barbaric occupation of that nation; and understandably bitter and reluctant to Because we did the right thing five to continue to threaten neighboring cast their lot with us again. That is years ago, our economy is stronger countries despite the open revulsion why the air and missile strikes we today than it’s been in a generation. with which much of the world has re- launch against Iraq must be decisive Our foundation is solid. acted to his years of rule. and not the kind of exceedingly limited Now we need to build on that founda- This is a regime that recognizes no response characterized by the 27 cruise tion. restraint upon its conduct save that missiles launched against targets unre- For the last six months, congres- which is imposed by force of arms. As lated to that violation of the northern sional Democrats have worked with the I have repeatedly stated here on the exclusion zone. administration to develop a unified floor of the Senate, the actions for We must support a long-term oper- agenda for the American people. We which Saddam Hussein must be held ation involving opposition forces talked a lot about what the options accountable represent nothing more trained and equipped to conduct a suc- were, and what our priorities should than what is expected of any country cessful revolution. This is not an easy be. After a great deal of deliberation, that seeks to exist within a community course that I and others are recom- we agreed on a series of proposals that of civilized nations. The Government of mending. But it is the only viable ap- merit—that really demand—our action Iraq has imposed untold hardships on proach to removing a threat to the this year. its people solely so that it can continue most volatile region in the world—a This morning, House and Senate to develop and stockpile weapons of threat that could include the bran- Democrats met with the President and mass destruction—weapons that it has dishing of chemical, biological, and the Vice President and senior White no moral compunction about using at some day, nuclear weapons. That is not House officials to ratify those pro- the earliest opportunity and against a situation any of us want to see de- posals and begin the process of trans- any nation or segment of society. velop. But develop it will, if we do not lating them into action, to confront Linkages are repeatedly made be- act to prevent it. real problems facing the American peo- tween the U.S. posture toward Iraq and Mr. President, I am confident the ple with real solutions. our role in the Middle East peace proc- Congress will soon have the oppor- We call our agenda ‘‘New solutions ess. Mr. President, that argument cries tunity to express formally its support for a New Century.’’ These proposals out for denunciation at the highest lev- for the use of force to respond to that address the most urgent concerns fac- els of every government. We may not threat. Were there another way, I ing the American people today. We like the way every policy of or tactic would gladly accept it, but experience want to reach across the aisle and by the democratically elected govern- teaches that there is not. I would never work with our Republican colleagues ment in Israel, but the physical pain want to see myself viewed as beating to adopt them this year. and psychological trauma that af- the drums of war, but I would rather We need to increase the take-home flicted Israel as a result of completely live with that image than look into the pay of America’s families. By breaking unprovoked missile attacks by an Iraqi mirror and see a Member of Congress the wage cycle that continues to pay regime seeking to tear asunder the who failed to do his duty of supporting working women 71 cents on every $1 multinational coalition arrayed our troops in harm’s way and our Com- that a man earns. By making child against it and Tel Aviv’s refusal to re- mander-in-Chief in taking the kind of care safer and more affordable. And by taliate despite ample justification for measures I sincerely believe are nec- raising the minimum wage by $1 an doing so stands in strong contrast to essary to resolve the Iraqi problem hour over the next 2 years. the Government of Iraq. There is no once and for all. We need to make America’s public basis for comparison, and U.S. policy Mr. President, I again express my ap- schools the best in the world. By hiring toward Iraq should not legitimize the preciation for the courtesy of the Sen- 100,000 new teachers so we can reduce perception of linkage by deferring to ator from North Dakota in allowing me the average class size to 18 students per it. to make this statement. classroom in the first three grades. By The United Nations must enforce its I yield the floor. making sure that every school in resolutions and do so with conviction. Mr. DASCHLE. Mr. President, I want America is connected to the Internet And this body must acknowledge that to thank the distinguished floor leader so that computer screens are as com- only the United States possesses the of the Democratic caucus, the Senator mon in classrooms as blackboards. capability to conduct the kind of mili- from North Dakota, for allocating this And, by helping communities repair or tary operations most of us agree are time to talk about something that is replace school buildings that are over- warranted and essential. That means very important. crowded or obsolete or downright dan- conveying to the President, to the I also want to commend as well the gerous. American people, and to the world, the Senator from Arizona for his comments We also need to protect our children message that Congress stands firmly about Iraq. Certainly his experience this year from the deadly epidemic of behind the Commander-in-Chief in car- and his leadership for these many years smoking. We need to say that the days rying out his responsibility to ensure carries special weight with people on when tobacco companies can spend that the threat to regional stability both sides of the aisle. I hope that we millions of dollars to get kids hooked posed by Iraq is not permitted to en- can continue to demonstrate the spirit on cigarettes are over. From now on, dure in perpetuity. that he has articulated today as we they will pay to keep kids away from Mr. President, we should make clear deal with this grave situation in that cigarettes. to the American people and to the faraway place. America’s families need to know world that the Congress agrees with f their health insurance will be there the proposition that evil should not be when they need it, that they can go to permitted to triumph. The United NEW SOLUTIONS FOR A NEW CEN- a hospital emergency room when and States must respond forcefully, far TURY: 1998 DEMOCRATIC AGENDA where they need to. They need to know more so than it has in the past, to Mr. DASCHLE. Mr. President, 10 days they can see a medical specialist if Iraq’s unceasing provocations and it ago, the President delivered to Con- they need one. And they need to know must adopt whatever measures will en- gress the first balanced budget in 30 that the things they tell their doctor sure the removal from power of the rul- years. in confidence will be kept confidential. ing regime in Baghdad. Yesterday we learned that the Fed- We can give them that peace of mind We must prepare the groundwork for eral deficit actually will be gone by the this year by passing our Patient’s Bill a process that may take years to bear end of this year, four years ahead of of Rights. fruit and that will certainly entail loss schedule. America’s families need to be able to of life. Opposition forces friendly to That remarkable accomplishment plan for their retirement. They need and supported by the United States was set in motion five years ago, when stronger private pension plans that are were badly decimated by Iraq’s 1996 in- congressional Democrats joined the ad- portable and protected. They deserve cursion into supposedly protected ter- ministration to return fiscal discipline assurances that Medicare and Social ritory in northern Iraq. Survivors are to Washington. Security will be there when they need

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S701 them. And early retirees and older dis- Senator DASCHLE mentioned the I want them to understand, as many placed workers who have no way to buy things that we have accomplished, the Americans do, that the Social Security private health insurance on their own things that we have yet to do, the fis- problem that exists is born of enor- deserve the opportunity to purchase cal policy. I can recall, going back 5 mous success. We would not have a health insurance through Medicare. years to 1993, when we had a very, very problem financing Social Security for Finally, we need to make our neigh- significant debate on the floor of the 150 years if we went back to the old borhoods safer this year. And we will. Senate about fiscal policy, what kind mortality rates. In the 1930s, you were By helping communities create after- of policies would put this country back expected to live to age 63 in this coun- school safe havens to keep kids out of on track, heading in the right direc- try. Now you are expected to live, on trouble. And by creating special juve- tion; what kind of policies would con- average, to about 77 years in America. nile courts and toughening the Federal tinue us in the direction that we had Why? Because we have done a lot of penalties for gang violence so that the been moving in with higher debt, high- good things in this country. We have kids we can’t reach, the hard-core few er deficits, higher unemployment, invested in health care, technology, who are violent repeat offenders, will higher inflation. So we had a signifi- and breathtaking medical research. be locked up for a long time. cant debate about it. Those of us who Now people, when they reach a certain A sound economy, stronger schools, a felt very strongly that there was a bet- age and their knees wear out, they get secure retirement, safe neighborhoods. ter way and a better direction won by new knees, or they get new hips, or That is the Democratic agenda for one vote—one vote here and one vote in have cataract surgery, or their heart America’s families. They are not sound the other body. A margin of one vote muscle is unplugged on an operating bites; they are sound policies. They are determined the new fiscal policy for table. Some people may be worth a new ideas for a new century. this country. It was a tougher fiscal million dollars after all that medical Today, we pledge to do all that we policy. It wasn’t words; it was action. help. But the point is that people are can to enact these new ideas into law So it was controversial. For some, it living longer and better lives, and all of and make a real difference in people’s was difficult. Some of my colleagues these problems are born of the success lives. who voted for it are not here any of greater longevity. Does that cause We have little time left in this Con- longer; they lost their seats in Con- some pinching in Social Security and gress, Mr. President, to deal with this gress because of it. But it was medicine Medicare in the long term? Yes, but it and all of the leftover elements of the to cure what was wrong in this coun- is not catastrophic. Adjustments can try’s fiscal policy and to put this coun- agenda from last year. But let us be be made that are not significant, which try on the right course. And it worked. clear, we need to finish our unfinished It substantially reduced the Federal will provide solid, assured financing for business—the highway bill, IRS reform, budget deficit. It told all the American Social Security and Medicare for the strengthening family farms, and re- people that there was a new group of long term. That is what this President says. As forming our campaign finance system. Members of Congress, a new President we tame the fiscal policy deficits, and We need to finish that business and who said there is a better way and a as we begin to accumulate surpluses, pass this agenda this year. different way, and we are going to Our economy is strong. Our founda- tackle this fiscal policy and tackle the let us use those surpluses to save So- tion is solid. Now, brick by brick, we Federal budget deficit and change cial Security first. Those who believe need to keep building to take this pros- things. It’s very interesting that, be- that is not a wise course, those who be- perity to the next level and give people cause this economy rides on a cushion lieve that is not appropriate fiscal pol- the tools and the opportunities to of confidence, when we made that deci- icy, come to the floor of the Senate, be- make their lives better in a new cen- sion, the American people were con- cause we are going to have a healthy tury. fident about the future once again, and and aggressive debate about that. Mr. President, I want to reiterate my when they are confident, they make de- Many of us feel very strongly that it is gratitude to the Senator from North cisions like buying a home, buying a precisely what this country ought to Dakota for assuring that we could allo- car, taking a vacation, buying a new do. We have tamed the Federal deficit. cate the time for this very important refrigerator. When they are not con- Now let’s make the right investment. discussion. fident about the future, they don’t And the first commitment ought to be I yield the floor. make those purchases and they don’t to save Social Security first. Mr. DORGAN addressed the Chair. make those decisions. When they feel Now, within the context of other The PRESIDING OFFICER. The Sen- like that, the economy contracts. spending we do in the budgets and ator from North Dakota. When they feel confident about the fu- other investments, there are other Mr. DORGAN. I thank the Demo- ture, the economy expands. Because things we can do. I know we will have cratic leader. He has provided extraor- the economy has expanded and because Members who don’t want to do any- dinary leadership to this caucus and people have had more confidence, this thing. They have never wanted to do this Congress. The document that we budget deficit has shrunk. It is down, anything. I mean, there are people who developed over time and announced down, down, way down. We will balance have said there is no role for Govern- today with the President, the Vice the budget. ment. There are people who put seat- President, Senator DASCHLE, Congress- Crime is down, unemployment is belts on when they drive through a car man GEPHARDT, and the joint Demo- down, inflation is down, welfare is wash. They’re so conservative they cratic caucuses of the House and Sen- down. All of the things that are impor- don’t want to do anything ever. Much ate is one that I am enormously proud tant in our lives about how we are of what we have accomplished in this of and one that, if enacted, would sub- doing in this country show signs of sub- country has been because we have stantially improve this country. stantial improvement and show signs made the right kind of investments. We come here, almost all of us, that this country is moving in the This proposal that we have developed Democrats and Republicans alike, be- right direction. jointly says that one of those invest- cause we have a passion for public pol- I want to make one other point about ments that is very important is in the icy and feel very strongly about a fiscal policy and some of the other area of health care research down at range of issues and how those issues problems we face. In our agenda, we the National Institutes of Health, might affect our country’s future. talk about Social Security—‘‘save So- where breathtaking, new medical re- While we might have substantial dif- cial Security first,’’ the President pro- search occurs. We are saying we can in- ferences in how we go about achieving poses. And ‘‘save Social Security vest substantially more money and you certain goals, I think all of us under- first,’’ we propose as a caucus. Some can, as a result of that, save an enor- stand that we sit in this Chamber as wring their hands every day of the mous amount of money and save lives American citizens in a democracy week about Social Security. Some and improve the lives of the American wanting the best for our country. The never liked it in the first place. Some people. I am very excited about that. question is, how do we achieve that? think it doesn’t work and they wring What better investment is there in this How do we achieve the goals that we their hands and say, ‘‘Woe, what are we country than to invest in the kind of establish for our country’s future? to do with Social Security?’’ medical and health care research at the

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S702 CONGRESSIONAL RECORD — SENATE February 12, 1998 National Institutes of Health which going to debate, the question of when want to debate politics with the same has provided breakthroughs in medi- are you drunk. There are six States in old stereotypes. Unfortunately, it cine that have allowed people to live this country where you can get behind won’t work anymore. To those who much longer and more productive the wheel of a car and take a fifth of say, ‘‘There are the good guys, and lives? whiskey in one hand and the steering there are the tax-and-spend people,’’ I Another investment that the Presi- wheel in the other and drive off, and say that doesn’t work. Our caucus, in dent and we call for in our joint policy you are perfectly legal. That ought not this Congress, with this President, message is an investment in education. happen anywhere in America. We can made a decision that we were going to Education is our future. Our children change that. There are some 20 States do some awfully important things to are our future. Investment in our chil- in which, if the driver can’t drink, ev- put this country back on course, and dren represents our tomorrow. We talk erybody else in the car can be drinking. we did it—at great cost and expense to about investing in schools, investing in Vehicles on roads in this country ought our caucus. But the American people, 5 good teachers, and deciding that we not to have open containers of alcohol years later, see the results for this can do this country a significant in them, period. That is something we country of what we have done. We say amount of good by understanding that can address in this Congress. that the job isn’t finished. There is the priority is educating our children. Finally, campaign finance reform is much to do to make this a better coun- Thomas Jefferson once said, ‘‘Anyone also part of what our caucus is com- try. That is the purpose of the message who believes a country can be both ig- mitted to doing. There are a lot of dis- and the purpose of the set of public norant and free believes in something cussions about what pieces will work policies that tell the American people: that never was and never can be.’’ He and what pieces will not work with re- Here is why we are here and what we was right about that 200 years ago. The spect to campaign finance reform. I want to fight for to improve America’s reason this country has done so well is want to describe one little piece that I future. because we have always established think is important. The most signifi- I yield the floor to the Senator from that education is a priority. It must re- cant kind of air pollution in America Connecticut, Senator DODD. main a priority, and that is what our today is the 30-second political ad that The PRESIDING OFFICER. The Sen- caucus and our policy choices are com- does nothing but tear down someone’s ator from Connecticut is recognized. mitted to doing. opponent. It is a 30-second slash and Mr. DODD. Thank you, Mr. Presi- A couple of other items—and I don’t burn, cut and run ad that contributes dent. Let me commend our colleague want to cover them all because some of nothing to our country. The first from North Dakota for a very eloquent my colleagues will cover some. Teen amendment gives everybody the right statement and the Democratic leader, smoking is part of our agenda. We need to do that. We won’t change that. But Senator DASCHLE of South Dakota, for to end that, to combat teen smoking. there is a little thing we can change. laying out one of the primary objec- You have all heard the message that We can, by Federal law, say that every tives of a Democratic agenda for this you don’t find people deciding at age television station is required to offer session of the 105th Congress. 25, as they sit around in a recliner the lowest rates on the rate card dur- I think there are issues that ought to thinking about life, or wondering what ing political advertising during a cer- enjoy and attract strong bipartisan on Earth can I do to further enrich my tain period. I propose that we change support—sustained growth in our econ- life, or what is missing from my life, that law to say that low rate is only omy, a balanced budget, a growing sur- and they come up with the answer: available to candidates who run adver- plus, and investments in the edu- Smoking; I would like to start smok- tisements that are at least 1 minute in cational and health needs of young peo- ing. Nobody does that at age 25 or 30. If length. Let’s require people to say ple. I certainly hope that on managed you are not smoking by the time you something significant in one in which care issues, in particular, we can find are a kid, you are not going to be a fu- the candidate himself or herself is in consensus—making sure that people ture user of tobacco. the advertisement 75 percent of that 1 across this country have the right to The tobacco companies have always minute. choose their own doctors and are not known that, and that is why they have Some people may not like that. I do. going to be forced out of the hospital always targeted their future cus- Can you think of any other business, prematurely. A bill of rights for pa- tomers, who are the children. Does other than American politics, where tients is something that is long over- anybody know anybody who is 25 or 30 the competitor says—for example, can due. I know that the people of Amer- years of age who says, how can I enrich you conceive of a car company who ican are hoping that this Congress will my life further? and then comes up does all of its advertising saying: By address these issues before we adjourn. with the answer that I would like to the way, if you buy a Chevrolet, you I want to commend those who are re- start smoking? Nobody does that. We are going to kill yourself because they sponsible for putting this agenda to- also understand that we can save lives are not safe; or fly American, or gether and to address a few aspects of by combating teen smoking, and there United, or Northwest and, by the way, it more fully. are plenty of ways to do that. A thou- their mechanics are a bunch of drunks. Shortly we will be hearing from our sand kids a day will die—3,000 kids a Do we see that in any other part of our colleague from North Dakota, Senator day will start smoking, and a thousand lives? No. That is not the way commer- CONRAD, who has led a task force over will die of that cause. We can save lives cial enterprises compete against each the past several months to fashion a with a national campaign to combat other. But it is the way we compete in bill to deal with the difficult issue of teen smoking. politics. Shame on us. We can change tobacco use by young people—a bill Drunk driving. This agenda of ours that. It ought to be a competition of which I was pleased to cosponsor. As also deals with the question of drunk ideas and about what we want for the Senator DORGAN just discussed, the driving. That is not some mysterious future of this country. I hope one of facts on youth smoking are not in con- illness or disease. We know what these days we can have campaign fi- troversy—3,000 young people start causes fatalities on the roads—drunk nance reform that gets to that point. smoking every day, and 1,000 of those driving. Everyone in this Chamber and But at least a little proposal I am sug- will die prematurely. every family represented here knows gesting, on top of all of the other This is an issue that ought to unite that—friend, neighbor, relative, ac- things that we are talking about in Americans regardless of political per- quaintance. I am not even very logical campaign finance reform as a caucus, suasion or ideology. We all pay when about this question. The night that I might finally stop some of this air pol- children become addicted to tobacco. It got the call that my mother had been lution or at least lessen the pollution is not just the children who pay with killed by a drunk driver, I’ll never for- that permeates every campaign in this abbreviated lives that might have pro- get the moment, and I’ll never forget country. duced far more for themselves, for how I have felt from that day forward. Then there is food safety, clean air, their families, and for their Nation. People who drink and drive turn auto- and clean water. Our caucus stands for But all of us in a sense suffer when we, mobiles into instruments of murder. things that are positive in the lives of by our silence, by our inaction promote The fact is, it’s not just the .08 we are the American people. Some say they or at least don’t try to retard the

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S703 growth of a problem that so negatively the General Accounting Office if they In many communities, child care for affects young people. So, I am hopeful would do a survey of States and give us very young children is so limited that in these few legislative days we have some idea of how this law would affect parents must sign up while they are remaining, we will do something mean- the child care needs of families in this still pregnant to have any chance of ingful to reduce the harmful impact of country. The GAO, just in the last few finding that care at all. tobacco on the children in this coun- days, completed its survey and issued a Welfare reform is also exacerbating, try. report to the Subcommittee on Chil- according to GAO, the lack of child We all know that a tax increase, dren and Families, of which I serve as care during nonstandard work hours. which makes tobacco less affordable, is ranking member. Many welfare parents are finding jobs one of the ways to do that. I’d like to Let me just briefly share some of the in service industries where shift work cite some facts from a recent survey conclusions of this GAO study about is required. Yet in most communities done in my State—in Fairfield County, how welfare reform is affecting not child care on weekends or after 6 p.m. CT. This county is a one of great afflu- only welfare recipients, but also work- ence—it contains the towns of Green- ing families. I think these findings is nonexistent. wich and Westport some of the more af- highlight why the allocation that the When it comes to improving the qual- fluent communities in the Nation. It is Senator from North Dakota has di- ity, it is clear that States are making also a county that is the home of rected to children’s needs in his to- an effort. States are trying to improve Bridgeport, CT, one of the poorest cit- bacco bill is so critically important. provider training, to incresae provider ies in the Nation. In a relatively small This report’s findings are based on a compensation and to help facilities area of geography, you have great di- survey of several States—California, meet licensing standards, but they are versity in income. Louisiana, Oregon, Texas, Washington, still concerned that they are falling This survey looked at young people’s and Connecticut. First, let me offer the short. They are concerned, and rightly smoking habits. Interestingly, about 30 good news. According to the GAO so, that as work participation require- to 35 percent of the young people in the States have done a very good job in ments rise, quality may be com- more affluent suburbs in the commu- meeting the needs of welfare recipi- promised. nities of Fairfield have already begun ents. Most families who need child care This report is not about blaming the to smoke or abuse alcohol. In Bridge- assistance in order to begin to enter States. They are doing the best they port, however, the percentage of teen- the workplace are receiving it. Now, can with a very big job. This is not agers was much lower—10 to 13 percent. for some of the bad news. In order to about pitting welfare recipients Why? There are many factors, but, help all of the welfare recipients, against working families in the battle clearly economics play a major role. States had to severely limit the access for limited child care dollars. It should The people who conducted this survey of working families to child care sub- be about making sure that the Federal concluded that money does make a dif- sidies. People who are right on that Government provides sufficient re- ference—that the ability of a teenager margin—not on welfare, but just over sources so that parents who need safe to buy a pack of cigarettes actually the line—are not getting the assistance and affordable child care in order to does affect the likelihood that he or they need. work can find it in this country. she will smoke. The survey indicates that access of Senator CONRAD has included in his working families to subsidies has been Senator CONRAD’s bill and the $14 bil- bill a tobacco tax of $1.50—the amount severely curtailed. Even if States draw lion in funding that it will provide will that public health experts tell us is down all of the Federal funds available, go a long way towards meeting those necessary to effect a decrease in youth more than half—52 percent of working needs. I am pleased that the Senator smoking. Senator CONRAD has also laid families in this country who need af- from North Dakota has included in his out a plan for making use of the rev- fordable child care—will be denied it. tobacco legislation language directing enue raised by this increased tax on to- In Texas, one of the seven States sur- these funds to the programs outlined in bacco. I suspect that I was somewhat of veyed, this means that over 37,000 the Child Care A.C.C.E.S.S. bill which I a pest over the last 72 hours as he was working families remain on waiting introduced last week. I think it will go getting ready to introduce this bill—in lists for child care assistance. In Cali- a long way toward ensuring that work- making repeated suggestions about fornia, even more dramatically, 200,000 ing families are going to get the kind how he could best make use of those working families are on waiting lists of child care assistance and support funds. I am very pleased that Senator for child care assistance—some for over they need. CONRAD will be directing $14 billion of 2 years. Tragically, in my State of Con- Again, I want to say to my colleague the revenues—of the $80 billion that necticut, we just stopped pretending. from North Dakota that I commend We don’t even keep waiting lists for will be generated in the next 5 years or him immensely for the tremendous job new families. so—toward improving the affordability, he did, and I apologize to him publicly availability and quality of child care. In this survey, the States also told My colleagues know, going back dur- the GAO about severe problems with for being the source of some annoyance ing the years of my tenure in the Sen- the availability of child care. As we to him as I tried to get more money ate, that I have spent a lot of time ad- have known for years, certain types of out of him for child care over the last vocating for children’s issues, particu- care are not available at any cost—in- several days. He very generously dou- larly child care. So, I am deeply, deep- fant care, care for children with dis- bled the investment in child care from ly grateful to my colleague from North abilities and care during nonstandard $7 billion to $14 billion. I thank him for Dakota for agreeing to allocate such a work hours. that. Hope springs eternal. There may substantial part of these dollars to the The GAO found that States are par- even be some additional resources needs of children. I know my colleague ticularly concerned that the work par- made available for child care as we go from Rhode Island, JACK REED, who ticipation requirements of welfare through this debate. I am grateful to was one of the first cosponsors on our could exacerbate the shortage of infant him and members of the tobacco task comprehensive child care bill intro- care. Under welfare reform, mothers force for their attention to the needs of duced last week and an active member with children over the age of 1 are told children and child care in their legisla- of the Democratic Strike Force—Right they must work. Some States have tion. Start 2000 that we formed in the Senate chosen even tougher standards. In Wis- Mr. President, I yield the floor. here to focus on children’s issues, joins consin and Oregon, mothers with chil- Mr. CONRAD addressed the Chair. me in expressing our appreciation. dren older than 3 months must work. I While we are on the topic of child find it somehow ironic that we now The PRESIDING OFFICER. The Sen- care, Mr. President, I’d like to share have Republican legislation pending ator from North Dakota. with my colleagues some new findings that would offer incentives for parents Mr. CONRAD. Mr. President, I want in the child care debate that relate to to stay home with children under the to thank my colleague from Con- the issues of the cost and quality of age of 3 years—a wonderful idea—but necticut for his gracious assistance, as child care. yet we have in place a work require- we move to introduce the tobacco leg- Mr. President, after we passed the ment for welfare recipients with chil- islation. I also want to thank him for welfare reform package in 1996 I asked dren over 3 months in some States. his

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S704 CONGRESSIONAL RECORD — SENATE February 12, 1998 forceful advocacy. That is what this Mr. President, Senators serve with The hours are like a string of pearls, place is all about. And there is no more Presidents. I hope Senators will re- The days like diamonds rare, forceful advocate for children in this member that. Senators don’t serve The moments are the threads of gold, Chamber than the Senator from Con- under Presidents. Senators serve with That bind them for our wear. Presidents. President is another office, So may the years that come to you necticut, Senator DODD. He cares deep- Such wealth and good contain ly about this subject. He fights for a high office, indeed, in the executive That every moment, hour and day what he thinks is an appropriate allo- branch. But Senator SPECTER is the Be like a golden chain. 1,750th individual to serve this great cation of resources to make the Mr. President, I thank my friend Nation as United States Senator, and changes that are desirable. from Montana for his kindness in yield- he has served with Presidents in both So it is not a matter of irritation. It ing to me. I yield the floor. was a matter of tough negotiation, and parties. Woodrow Wilson reportedly said, Mr. BAUCUS addressed the Chair. he is a darned good negotiator. Any- The PRESIDING OFFICER. The Sen- body who is able to increase an alloca- ‘‘The profession I chose was politics; the profession I entered was law. I en- ator from Montana. tion they care about by 100 percent— Mr. BAUCUS. I join my colleague in there is only one person in that cat- tered the one because I thought it would lead to the other.’’ Mr. Presi- congratulating our friend, Senator egory: The Senator from Connecticut. SPECTER from Pennsylvania, on his But it was for a good cause, and we dent, I do not know if, in Senator SPEC- TER’s case, he came to the same con- 68th birthday. I have watched Senator very much appreciate his support for SPECTER over the years, and I can say the legislation. clusion or if politics was for him a nat- ural calling, but whatever the case, the I do not think there is a Senator with (The remarks of Mr. CONRAD, Mr. melding of politics and law in the per- a finer legal mind than the Senator REED, Mr. KENNEDY, and Mr. BAUCUS from Pennsylvania, particularly from a pertaining to the introduction of S. son of this thoughtful, soft-spoken Pennsylvanian has resulted in an in- criminal law perspective, constitu- 1638 are located in today’s RECORD spired result for the people of the Key- tional law perspective, and a prosecu- under ‘‘Statements on Introduced Bills stone State. torial perspective as a former pros- and Joint Resolutions.’’) A graduate of the University of Penn- ecutor in Pennsylvania. The PRESIDING OFFICER. The Sen- sylvania and Yale University Law He brings to this body tremendous ator from Montana. School, ARLEN SPECTER began his re- experience and tremendous judgment. Mr. BAUCUS. Mr. President, I yield markable public career as an assistant And I join my colleague in wishing our to my very, very good friend, the dis- district attorney in Philadelphia, colleague from Pennsylvania the very tinguished senior Senator from West where he won the first conviction in best returns on his 68th birthday. Virginia who is the ranking member of the Nation of labor racketeers, fought f the Appropriations Committee and has consumer fraud, and relentlessly pros- held more titles around here than I can ecuted corrupt public officials. That THE NEED FOR ISTEA think of. It is an honor to yield to him. willingness to take on the tough fights, The PRESIDING OFFICER. The Sen- Mr. BAUCUS. Mr. President, I rise no matter where they might lead, has today, along with my colleagues, to ator from West Virginia. become the hallmark of the senior Sen- Mr. BYRD. I thank the Senator. Mr. urge the Senate to begin the debate on ator from Pennsylvania, Mr. SPECTER. the ISTEA reauthorization bill. President, how much time do I have re- But dogged pursuit of righting crimi- maining under my reservation? That is important for a number of nal wrongs is only one facet of ARLEN reasons, that I will get to in a moment. The PRESIDING OFFICER. The Sen- SPECTER’s many-faceted character. As ator from West Virginia has 35 minutes But first let me comment on why we a Member of the Appropriations Com- find ourselves in this position. remaining of his reservation. mittee in the Senate, Senator ARLEN As my colleagues know, the current Mr. BYRD. I thank the Chair. I may SPECTER has worked long hours, and ISTEA legislation expired on Sep- or may not use all of that today. What- with great determination, in an effort tember 30th of last year. ever I use at this point, I ask that it be to see that Federal dollars are wisely The Environment and Public Works taken off my time that has been re- usedto combat breast cancer, prostate Committee, under the leadership of our served. cancer, heart disease, and Alzheimer’s chairman Senator CHAFEE and our sub- The PRESIDING OFFICER. Without disease. Indeed, I believe it is fair to committee chairman Senator WARNER, objection, it is so ordered. say that my friend from Pennsylvania reported the 6-year reauthorization bill Mr. BYRD. I thank my friend, and I takes a second seat to no one when it on October 1. will be about 5 minutes. comes to his commitment to doing all About that same time, the House f that he can to provide a better, healthier life not only for those whom Transportation and Infrastructure SENATOR SPECTER’S 68TH Committee reported a stop gap 6- BIRTHDAY he represents in Pennsylvania, but also for all Americans. month extension. Unfortunately, as we Mr. BYRD. Mr. President, it is an un- Mr. President, it is this fortuitous all recall, the Senate bill got caught up fortunate fact of life in today’s Senate combination of legal acumen, tenacity, in an unrelated debate over campaign that, as Members go about the business and compassion for the difficulties of finance reform. of fulfilling their duties, it is increas- others that has made ARLEN SPECTER a So, regrettably, last session ended ingly difficult to find time in our hec- highly-respected Member of this body, with the Congress—both House and tic schedules to acknowledge the per- one whose counsel is so valuable to all Senate—unable to complete action on a sonal milestones of our colleagues. I who know him and work with him. As long-term bill to reauthorize this im- intend to rectify this situation in part Henri Frederic Amiel noted in his portant legislation. The best we could today by taking just a few minutes to Journal on April 7, 1851, ‘‘man becomes do was to extend the funding until May congratulate my friend from Pennsyl- man only by the intelligence, but he is 1 of this year. vania, Senator ARLEN SPECTER, on the man only by the heart.’’ Senator SPEC- Now, there is plenty of blame to go occasion of his 68th birthday. TER is a superior example of what around for this unfortunate situation. Oh, Mr. President, only to be 68 Henri Frederic Amiel meant by that Whether it was the failure to invoke again. Oliver Wendell Holmes said, pronouncement. So I offer my friend cloture, or the filling of the amend- ‘‘Oh, just to be 70 again.’’ Well, I feel and colleague my heartfelt congratula- ment tree, which prevented Senators very much in that same mode. tions, and also my thanks to him for from offering amendments, there were Born in the prairie town of Wichita, his wisdom, his character, and his de- lots of reasons for our failure last year. Kansas, at the start of the Great De- cency on this day which marks the be- But that was then, and this is now. pression, ARLEN SPECTER, through the ginning of his 68th—almost the begin- And the plain fact is that pointing fin- diligent application of his intellect and ning—I suppose it is the beginning of gers at one another about what did, or his tenacity, has become the 1,750th in- his 68th year. Oh, but to be 68 again. did not, happen last year will not help dividual to serve this great nation as a So I say to my friend from Pennsyl- us move a reauthorization bill this United States Senator. vania: year.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S705 So let us stop blaming one another The chart on my right shows the first That is why the ISTEA bill runs for for last year and let us start figuring phase—the ‘‘survey phase’’. six years, to give the States some as- out how to get the ISTEA legislation This is the part of a project where surance they will not face wasteful reauthorized quickly this year. State Departments of Transportation delays and disruptions caused by fund- Now, Mr. President, let me talk do such things as prepare for public ing uncertainties. That is also why a about why we need to move quickly hearings; begin to draft environmental short-term extension, or worse, a series with ISTEA. The simple fact is that documents; collect soil samples; begin of short term extensions, is so disrup- without quick action, highway preliminary engineering; assess traffic tive. projects, safety programs, and transit noise impacts; begin subsurface utility I have heard many Members ask projects will begin to lose the ability relocation; and assess wetlands and ‘‘what does it matter if we wait until to meet our country’s transportation water quality impacts. late March or April to do this bill?’’. I needs. The second chart, on my left, shows hope that once Members and staff be- Already State highway officials tell the ‘‘design phase’’. Here, States must come more familiar with this program, us that they are beginning to delay prepare the design documents for a that will be a simple answer. projects. Why should this be so? project. These documents include traf- If we wait to begin the debate until Why are States slowing down, or fic access plans; wetland mitigation ‘‘later’’, this bill will not be done by stopping, some projects—even though plans; review of soil samples for haz- the May 1st deadline. That means more there are still 42 days of funding left ardous materials; and applications for projects will be delayed. It means thou- until the May 1st deadline? water quality permits. sands of workers will lose jobs. And I The reason is that most highway Of course, it also includes prepara- am afraid that such job losses will projects take a long time to complete. tion of final construction drawings, begin to happen soon. It is not unusual for even relatively route alignments, schedules of mate- I have heard of one contractor who simple projects to take three, four or rials, and the like. plans to lay off his construction work- five years to finish. Sometimes even The third chart covers the ‘‘right-of- ers on May 1st and will not rehire them more. And complicated or controver- way’’ phase. In this phase, States pre- until at least 30 days after the final sial projects, such as the Central Ar- pare the final environmental docu- conference report is agreed to. tery in Boston, can take a decade or ments; determine where rights-of-way That same contractor will not be two to go from conception to comple- must be acquired; determine utility re- placing any orders with his suppliers until 45 to 60 days after a new bill is in tion. locations; determine final traffic ac- In the highway business, you don’t place because he is uncertain he will cess controls; obtain wetlands permits; start a project unless you know you have construction contracts to work and review all of the documents from will have the funds to complete it. on. And I am confident there are more the previous design phase. After all, these projects cannot be contractors throughout the country And as I said before, all this must be turned on and turned off like a faucet. making the same business decision. done before one shovelfull of dirt is Doing so wreaks havoc on the con- Mr. President, the hardworking struction itself, on the neighborhood, turned. Americans who lose their jobs because Now, Mr. President, I explain this on traffic congestion, and so on. of these delays will do so through no process to my colleagues so that they Because these projects extend over fault of their own. These folks will be can begin to understand the com- many years, they require a certainty in ready to show up for work every day funding that extends over a comparable plicated nature of the highway pro- and do a good job. And yet they will be period. That is why highway bills need gram. Every project in every State told they must find other work because to last for several years. ISTEA ran for must go through this type of process. Congress couldn’t resolve its dif- 6 years. The Senate-reported bill also In Montana, we have over 450 projects ferences and get the ISTEA bill reau- lasts for 6 years. This time provides a going through it. In States with larger thorized in time. good sense of stability to the financing transportation budgets, there can be as Every State will feel this pain. Yes, of projects and allows states and com- many as 1,500 projects in the pipeline. some will hurt more than others. But munities to plan their transportation No project can be ready to go to con- every State will have to delay projects. programs efficiently. struction if it has been held up at any As I mentioned earlier in my re- But a short-term extension gives you point in the development process. And marks, some States have already listed uncertainty, not stability. Especially States will not obligate funds to pre- the projects that will most likely be for large projects, if states cannot as- pare a project for construction if they delayed if a reauthorization bill is not sure that Federal matching funds will are uncertain they will actually be able signed into law by May 1st. These are be available to finish it, they won’t to construct it at some point. real projects. even start it. So they delay projects, For some projects that are large and These are projects that communities even if there may be a few weeks of complicated, the project development were counting on. These are projects funding left. process can be longer than others. But that are important for the safety and At the end of my remarks, I will list the typical development time for a mobility of drivers and pedestrians and a few of the States that are beginning major construction project can range to relieve congestion in these States. to delay projects. I hope my colleagues from five to seven years. That is, it can The States that have already made will pay close attention to it. Because take five to seven years for a project to plans to delay projects include: Ken- the longer we delay a reauthorization reach the point that it is ready for con- tucky, South Dakota, Maine, Wyo- bill, the longer this list will grow. struction. ming, Georgia, Nevada, Texas, Mis- Now, let me talk for a few minutes Once a project is ready for construc- souri, Oklahoma, Indiana, New Hamp- about how the highway program works tion, States must still advertise the shire, Indiana, North Dakota and Utah. on the ground. And the process I will project—which can take 3 to 4 weeks. More States are expected to an- describe is essentially the same in Then States must receive bids, open nounce their plans soon. every State. the bids and award the contracts. That Mr. President, let’s not treat the re- Each project normally has three dis- can take an additional 4 weeks. And authorization of ISTEA as a political tinct stages—planning, development, workers, equipment and materials football. The consequences for all of and construction. Each stage can last must be mobilized and brought to the our States are very real. For those from weeks to years, depending on the construction site. More time. Senators who doubt the impacts, I sim- specific project. The charts I have here Finally, there is the time spent on ply ask that they call their State De- today focus on the project development actual construction. partment of Transportation. Ask them stage, that is, the process of taking a With such a complicated, time con- what they plan to do in the coming project proposed by local government suming process, it is important that weeks. I can assure you that it will not and getting it ready for construction. Members of the Senate understand that be good news. As my colleagues can see, it is not even brief interruptions during project So we have a very important job to simple. A highway project goes development can cascade into lengthy do—to reauthorize ISTEA. Let’s get to through a very complicated process. delays in construction. it.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S706 CONGRESSIONAL RECORD — SENATE February 12, 1998 I stand ready to work with the Ma- and deeply troubling crisis in our coun- Senator Packwood’s resignation in jority Leader, with Senator DASCHLE, try. This is a crisis of confidence, of 1995. with my committee leadership, with credibility, and of integrity. Our Na- I was the vice chairman, and later Senators BYRD and GRAMM, with the tion is indeed at a crossroads. Will we the chairman, of the Ethics Committee Budget Committee and all my col- pursue the search for truth, or will we during that investigation. As everyone leagues to find a way to bring this bill dodge, weave, and evade the truth? will recall, that investigation was a up as soon as possible. I am, of course, referring to the in- very sensitive, personal and serious Mr. BYRD. Will the Senator yield? vestigation into serious allegations of Mr. BAUCUS. I am happy to yield to matter. It involved the allegation that illegal conduct by the President of the Senator Packwood had ‘‘engaged in the Senator. United States—that the President has Mr. BYRD. I thank the distinguished sexual misconduct’’ and ‘‘attempted to engaged in a persistent pattern and intimidate and discredit the alleged Senator for his remarks on this very practice of obstruction of justice. The important subject. I sat and listened to victims, and misuse[d] official staff in allegations are grave, the investigation attempts to intimidate and to dis- them. I found them to be very illu- is legitimate, and ascertaining the minating, very interesting, very in- credit.’’ truth—the whole truth, and nothing formative and refreshing. During this lengthy investigation, I have been around a good many but the unqualified, unevasive truth— is absolutely critical. The search for Senator Packwood objected to the Eth- years. I didn’t realize all of the steps, ics Committee’s review of his personal the lengthy process, the consumption truth is being led by a highly capable former Solicitor General of the United diary entries in the fall of 1993. The of time that is required from the alpha committee proposed a process where to the omega of planning and com- States and a former judge of the U.S. Court of Appeals for the D.C. Circuit, the diaries would be reviewed by an pleting the highway. This has been independent hearing examiner who most edifying to me as I have listened. Kenneth Starr. Mr. President, I am deeply troubled would serve two functions: First, the I thank the Senator. examiner would review the diaries to I recommend to all Senators that today because Judge Starr’s pursuit of ensure that the committee would see they read in the CONGRESSIONAL the truth is being undermined every all relevant and probative information. RECORD the statement that has been step of the way, every single day, in Second, the examiner was asked to pro- made today by Senator BAUCUS. He sits the press by those whose sole mission on the authorizing committee, and he is to attack and impugn the court-ap- tect the privacy interests of Senator has had an opportunity because of the pointed independent prosecutor and the Packwood, his family and friends. jurisdiction of that committee over congressionally created process. These The Ethics Committee had to choose highways, he has invested many years attackers are not the journalists or the a person who was fair, impartial, pru- in the study of this subject matter, and broadcasters. dent, and trustworthy. Someone who it is a real privilege to have him part of Mr. President, what troubles me the wouldn’t be on a vendetta against the Senate. I thank him for imparting most here is that these reckless at- Democrats or Republicans; someone to me, and I am glad I took the time tacks and ruthless onslaughts are who had earned the clear respect of and sat here and listened to him. being carried out by the closest advis- both parties; someone with the highest This vast knowledge—I am sure he ers to the President of the United integrity; someone with a clean track could speak all afternoon on this sub- States. record; a man with sound credentials, ject without notes. I thank him. His Just this past Sunday on Meet the who was above reproach. And the Eth- comments have been very helpful. I Press, Paul Begala, Assistant to the ics Committee chose such a man. hope all Senators will read these re- President, accused Judge Starr of leaks They chose a man who was the son of marks in the RECORD and that Senators and lies and called him ‘‘corrupt.’’ a Baptist minister, a graduate of Duke will join in cosponsoring the Byrd- That is not a paraphrase, that is a di- University Law School, a former clerk Gramm-Baucus-Warner amendment. rect quote. He actually used the word for Chief Justice Warren Burger. The If the Senator will allow me 10 more ‘‘corrupt.’’ The smear campaign is Ethics Committee—chaired at the time seconds, I ask unanimous consent that being orchestrated by the White House. the following three Senators be added Obviously, I can’t vouch for the truth by a Democrat in a Democrat-con- as cosponsors to the Byrd-Gramm-Bau- or falsity of the obstruction-of-justice trolled Congress—chose a man who was cus-Warner amendment numbered 1397 charges against the President. But the former Solicitor General of the to the bill S. 1173, the Intermodal Sur- what I can tell you is that the assaults United States, a former judge of the face Transportation Efficiency Act of on Judge Starr, the character assas- U.S. Court of Appeals. 1997: Senator DODD, Senator BINGAMAN, sination against the court-appointed That man was Kenneth Starr. Senator THURMOND. independent prosecutor, is authorized Let me tell you who was on the com- The PRESIDING OFFICER. Without and approved by the President of the mittee at that time. The committee objection, it is so ordered. United States. And it should stop. was chaired by my colleague from Ne- Mr. BYRD. I thank the distinguished The White House and the First Lady vada, DICK BRYAN. The Republicans on Senator. have announced that the President’s the committee included myself, Sen- Mr. BAUCUS. I thank my good friend problems are nothing more than a from West Virginia. Nobody has ator CRAIG and Senator BOB SMITH of ‘‘vast right-wing conspiracy.’’ As many New Hampshire. The other Democrats worked harder on this issue than he. commentators have pointed out, this We all owe him a tremendous debt of were my dear colleagues, Senator MI- so-called conspiracy is so vast and so KULSKI of Maryland and the current gratitude for his very fine work. broad that it encompasses both the I yield the floor and I suggest the ab- minority leader, Senator TOM DASCHLE. media and a White House intern. sence of a quorum. But I would like to point out today The matter was not quiet and secre- The PRESIDING OFFICER. The that the vast and broad conspiracy just tive. The entire U.S. Senate knew who clerk will call the roll. got bigger. Apparently, this vast right- would be called upon to exercise impar- The bill clerk proceeded to call the tiality, discretion, and judgment in a roll. wing conspiracy is so sweeping and so pernicious that, in 1993, it compelled a highly important and highly sensitive Mr. MCCONNELL. Mr. President, I matter. We actually discussed this ask unanimous consent that the order Democrat-chaired Ethics Committee in a Democratic-controlled Congress to matter on the floor of the Senate be- for the quorum call be rescinded. cause there was a needed Senate action The PRESIDING OFFICER. Without appoint Judge Kenneth Starr to help to enforce the subpoenas. Senator Alan objection, it is so ordered. investigate whether Republican Sen- Simpson referred to Judge Starr as ‘‘a f ator Bob Packwood should be expelled from the U.S. Senate. splendid man,’’ and ‘‘a man of judg- A SEARCH FOR TRUTH WITH AN Mr. President, let me refresh the ment, honesty, integrity, and common INDEPENDENT COUNSEL recollection of the Senate regarding sense.’’ Mr. MCCONNELL. Mr. President, I the 3-year Packwood investigation, Senator ARLEN SPECTER stated, rise today to call attention to a serious which began in late 1992 and ended with ‘‘Many people have spoken about

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S707 [Judge Starr’s] integrity, and the com- Mr. President, I yield the floor. working poor—not just the unem- mittee has already endorsed his stand- Mr. KENNEDY addressed the Chair. ployed. ing. . . . If Judge Starr makes a judg- The PRESIDING OFFICER. The Sen- In 1996, according to a recent U.S. ment, that is the judgment. That is ator from Massachusetts. Conference of Mayors study, 38 percent it.’’ f of those seeking emergency food aid My colleagues on the other side held jobs, up from 23 percent in 1994. THE DEMOCRATIC AGENDA didn’t object or dispute that notion. Low-paying jobs are now almost the For example, Senator JOHN KERRY, of Mr. KENNEDY. Mr. President, I most frequently cited cause of hunger. Massachusetts, voiced the consensus strongly support the legislative prior- Officials in 77 percent of cities cited opinion when he declared on the Senate ities announced today by President this factor. floor that ‘‘Judge Starr is certainly a Clinton, Vice President GORE, Senator The American people understand the neutral party.’’ DASCHLE, and Congressman GEPHARDT. unfairness of requiring working fami- And, it didn’t stop with the Demo- These priorities contain a number of lies to subsist on a subpoverty min- cratic-chaired Ethics Committee and major Democratic initiatives to pro- imum wage. the Democrat-controlled Congress. In tect Social Security and to help work- I look forward to the early enact- 1994, the U.S. District Court in the Dis- ing families across the country on key ment of the increase we are proposing. trict of Columbia had to choose some- issues such as jobs, education, health Twelve million working Americans de- one to serve as a special master to help care, and the environment. And I look serve a helping hand. enforce the Ethics Committee’s sub- forward to their enactment this year. In good conscience we cannot con- poena for the Packwood diaries. One of the pillars of our Democratic tinue to proclaim and celebrate the Na- The court had to choose a man who agenda is a commitment to raise the tion’s current prosperity while con- was fair, impartial, prudent, and trust- minimum wage by 50 cents in each of signing millions who have jobs to live worthy; again, someone who wouldn’t the next 2 years. Our proposal will in- in continuing poverty. No one who be on a vendetta against Democrats or crease the minimum wage from its cur- works for a living should have to live Republicans; again, someone who had rent level of $5.15 an hour to $5.65 an in poverty in the United States of earned the clear respect of both par- hour on January 1, 1999, to $6.15 an America. ties, and someone with the highest in- hour on January 1 in the year 2000. In The second pillar of the Democratic tegrity, who was above reproach. 1996, after a hard-fought battle in the agenda is the Patient’s Bill of Rights The court chose such a man, Mr. last Congress, we raised the minimum on health insurance. President. It chose the former Solicitor wage by comparable amounts with no Few issues are more important to all General of the United States and a adverse effects whatever on the econ- working families than quality, afford- former judge of the U.S. Court of Ap- omy. The scare tactics about lost jobs able health care. Every family needs peals, Kenneth Starr. proved to be as false as they are self- and deserves good medical care when a So, today, we examine the White serving. loved one is ill. Every family that has House’s ludicrous, self-serving claim of A recent study by the Economic Pol- faithfully paid its premiums to its in- a ‘‘vast right-wing conspiracy’’ and icy Institute contains documents that surance plan deserves to receive the find that the conspiracy has ensnared the sky hasn’t fallen as a result of the benefits the plan has promised. The even more than we would have ever last increase. Raising the minimum American family knows that this imagined. The ‘‘vast right-wing con- wage does not cause job loss for teen- promise is broken too often because spiracy’’ can now count as members agers, adults, men, women, African unscrupulous insurance companies put the Democrat-chaired Ethics Com- Americans, Latinos, or anyone else. profit ahead of patients. mittee in 1993 and the then Democrat- Twelve million Americans benefited In movie theaters across the country controlled Senate. And, lest we forget, from raising the minimum wage, and today audiences erupt in spontaneous the conspiracy can also count the Fed- they deserve the increase that we are cheers when the character portrayed eral District Court for the District of proposing. by actress Helen Hunt explodes in frus- Columbia as one of its members. To have the purchasing power it had tration over the callous treatment that My point here, Mr. President, is sim- in 1989, the minimum wage today she and her son received from her man- ple: The attacks on Kenneth Starr are would have to be $7.33 an hour. That aged care plan. The movie ‘‘As Good As unfounded and unproductive. The at- figure is still well above the level that It Gets’’ has been nominated for major tacks are, in fact, unconscionable. we are proposing. That fact is a meas- academy awards. Let me point out, as far as this crazy ure of how far we have not just fallen But managed care today isn’t receiv- conspiracy theory is concerned, most short but actually fallen back in giving ing any awards, and neither is Congress people would agree that the Senator low-income workers their fair share of for our lack of needed action to end from Kentucky has fairly solid con- our extraordinary economic growth. these flagrant abuses. servative Republican credentials. If In the past 30 years, the stock mar- The problems are obvious. Insurance somebody were engineering a ‘‘vast ket, adjusted for inflation, has gone up company accountants should not be al- right-wing conspiracy,’’ I think I might by over 100 percent while the pur- lowed to practice medicine. It is time have gotten wind of it. Furthermore, chasing power of the minimum wage to guarantee women the right to see a let me point out that I don’t know Ken has gone down by 30 percent. We know gynecologist. No breast cancer patient Starr. I do not recall ever meeting him who these minimum wage workers are. should be forced by health insurance in my 14 years in Washington. If he Sixty-percent are women. Nearly plans to have a drop-by mastectomy were a fire-breathing Republican ideo- three-quarters are adults. Half of those when hospital care is needed. No pa- logue, one would think that, as active who would benefit work full time. Over tients with a rare or dangerous disease in Republican politics as I have been 80 percent work at least 20 hours a should be denied the right to be treated over the last 15 years, I might have run week. They are teacher’s aides, child by a specialist. No child’s health or into him someplace along the line. care providers. They are single heads of very life should be at risk because a The crisis in the White House is a cri- households with children. They are parent feels forced to drive past the sis for our entire country. The crisis people who clean office buildings in nearest emergency room to a more dis- will only be resolved by a fair and countless communities across the tant hospital that is the only hospital sober search for the truth. It is clear country working 40 hours a week, 52 covered by the group plan. No doctor from the record that Judge Starr is the weeks a year. should be subjected to gag rules, finan- right man for this job. I think that it Minimum wage workers earn $10,712 a cial incentives, or financial penalties is important for the President and his year, $2,600 below the poverty level for to prohibit or discourage them from people to stop this smear campaign. a family of three. Low-income workers giving patients the best medical ad- Let Ken Starr do his court-appointed don’t just deserve a wage; they ur- vice. Reasonable review procedures job and let the American people learn gently need a raise. Nationwide, soup should be available to anyone denied the truth, the whole truth, and nothing kitchens, food pantries, and homeless coverage or treatment by their insur- but the truth. shelters are increasingly serving the ance plan. Patients with an incurable

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S708 CONGRESSIONAL RECORD — SENATE February 12, 1998 illness should be allowed to participate older workers and their families. And was there. They have gone throughout in clinical trials of new therapies that Congress should respond. the Arab world, and now they are in offer the hope of improvement and In addition, on education, President Russia. cure. Clinton and the Democrats in Congress He tells me that he believes that The Republican leadership has told have also made it a top priority to see when they return, Secretary Cohen and the special interests to ‘‘get off their that America has the best public the two Senators will bring a great butts and get out their wallets’’ to schools in the world. We intend to do deal of helpful information to the Sen- fight any legislation that puts the in- all we can to see that we have reached ate and to the American people about terests of working families ahead of that goal. what they have heard in the Arab the interests of unscrupulous insurers. Successful schools need a qualified world and what they have heard from But with the President and the con- teacher in every classroom making our allies in those areas’ meetings. gressional Democrats unified for re- sure that children get the individual They believe that they will be able to form, I am confident that we will pre- attention they need. That is why an- answer some of the very important vail and that our Patient’s Bill of other main pillar of the Democratic questions that Senators have been ask- Rights will be signed into law this agenda is to provide 100,000 new teach- ing. year. ers for America’s public schools. The So we will look forward to their re- A second health issue that is critical shortage has forced school districts to turn. to millions of families is access to hire more than 50,000 uncertified teach- I had hoped that we could get to the health insurance for those too young ers a year, or ask certified teachers to point where we could pass a resolution for Medicare but too hold for affordable teach outside their area of expertise. this week on Iraq. But we really devel- private coverage. One in four new teachers dot not fully oped some physical problems, if noth- Our Democratic agenda offers these meet State certification requirements, ing else. Senator WARNER and Senator families immediate health and hope. and 12 percent of new hires have no LEVIN would like very much to be a We propose to allow them to buy into teacher training at all. part of the discussion about what the Medicare at a price that is far more af- In Massachusetts, 30 percent of situation will be and how we should fordable than the private market of- teachers in high-poverty schools do not proceed on Iraq. They would like to be fers, if it offers them any insurance at even have a minor degree in their field. here. And other Senators are nec- all. Our Democratic proposal will also en- essarily not going to be able to be here Three million Americans between the courage State efforts to reduce class beyond this afternoon. ages of 55 and 65 have no health insur- So we have decided that the most im- size by providing additional teachers ance. The consequences are often trag- portant thing is not to move so quickly needed to fill the smaller classrooms. ic. As a group they are in relatively but to make sure that we have had all Our proposal will also help schools poor health, and their health continues the right questions asked and answered meet their urgent needs for repair, ren- to deteriorate the longer they are unin- and that we have available to us the ovation, modernization, and new con- sured. They have no protection against latest information about what is ex- struction. the cost of serious illness. They are pected or what is going to be happening Investing in schools is one of the best often unable to afford the routine care with our allies in the world. investments America could possibly that can prevent minor illnesses from I was noting, I say to Senator make. For schools across America, help turning into serious disabilities, or DASCHLE, that I just talked to Senator can’t come a minute too soon, and our even becoming life threatening. The WARNER in Russia, and he was telling Democratic proposal provides it. number of uninsured in this group is me that Secretary Cohen and Senator On key issues, such as the minimum growing every day. WARNER and Senator LEVIN are looking Between 1991 and 1995, the proportion wage, health care, and education, the forward to coming back and giving us a of today’s workers whose employers Democratic priorities put working full report on their trip to the Arab promise them benefits if they retire families first. world. Now they are in Russia today. early dropped 12 percent. Barely a third Our proposals are investments in a Mr. President, I have no doubt that now have such a promise. In recent better life for all of our families and a the entire world is watching the cur- years too many who have counted on better future for the country. Special rent crisis between Iraq and the inter- employer commitment have found interests will fight hard to keep these national community unfold. This is an- themselves with only a broken promise proposals from becoming law. But other showdown caused by Saddam and their coverage canceled after they Democrats in Congress and the Presi- Hussein. have already retired. dent will fight harder because we know The Iraqi dictator has decided that The plight of older workers who lose that the American people are with us. his weapons-of-mass-destruction pro- their jobs through layoffs or Mr. President, I yield the floor. gram is more important than the wel- downsizing is equally grim. It is dif- Mr. LOTT addressed the Chair. fare of his own people. At a time when ficult to find a new job at 55 or 60, and The PRESIDING OFFICER. The ma- we have been getting reports—in fact, it is even harder to a find job that jority leader. we have seen children suffering from comes with health insurance. f malnutrition—this dictator has been building $1.5 billion in additional pal- For these older Americans who are IRAQ left out and left behind for no fault of aces. He has already endured 7 years of their own after decades of hard work, Mr. LOTT. Mr. President, I believe sanctions so that he can develop bio- Democrats are offering a helping hand. that Senator DASCHLE will join me on logical, chemical, and nuclear weapons By allowing these workers to buy af- the floor shortly because he and I —and the means to deliver them. fordable coverage through Medicare, would like to, in effect, have a joint This is a very serious matter. For our Democratic proposal is a lifeline statement with regard to Iraq because some time we—and I mean America for millions of these Americans. It pro- we want the message to be unambig- and our allies—have been working to vides a bridge to help them through the uous, very clear to America and to our develop a resolution on Iraq that has years before full Medicare eligibility. allies around the world, and to Iraq broad bipartisan support and also one It is a constructive step towards the about our attitude and what our inten- that would bring the situation under day when every American of any age tions are with regard to this very im- control there by diplomatic efforts will finally be guaranteed the funda- portant matter. hoping to avoid military action. But mental right to health care. I just had a call from Senator JOHN that has not happened yet. Our proposal places no additional WARNER, who is in Russia today along I believe we are moving toward a con- burden on Medicare. It is fully paid for with Senator CARL LEVIN. They are es- sensus in the Senate on a number of by premiums from the beneficiaries corting Secretary of Defense Bill the key issues that must be addressed themselves and by savings from fraud Cohen. They have already been to six as we look to the future. And here they and abuse. countries since they were in Germany. are. Democrats will fight hard for this I believe perhaps even the Senator First of all, Saddam Hussein does commonsense approach to helping from Arizona, the Presiding Officer, pose a real threat to the region and to

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S709 the entire world. I believe the Senate those answers should be because the That is intended not to be a threat or recognizes that. I hope that the Amer- Senate, Republicans and Democrats, say we should violate the law; it is in- ican people recognize that. This is not has raised these questions, not in a tended to start the discussion, start a hypothetical danger that has been critical way, not in a threatening way, the thinking about how can we in- dreamed up by some armchair strate- but in an honest way of saying, have crease these pressures. And we have to gists. There is a long track record in you thought about this? What about have a strategy to deal with whatever this area of actions by Saddam Hus- this approach? Can we do more? I think comes after the military option. Many sein. He poses a clear and present dan- that has served a very positive purpose. things have been suggested. Toughen ger without equal in the post-cold-war- Some people have said to me, even sanctions—not loosen sanctions, tough- world. He is dangerous. He is a threat back in my own State, ‘‘This is not a en sanctions. What about an embargo, to his neighbors. He is a destabilizing threat to us. Let them deal with that what about expanding no-fly, no-drive force in the whole region. And, yes, he over there.’’ Who? Who is going to deal zones? What about the support of oppo- is actually a threat all over the world with it? If America does not lead, who sition forces? including the United States. This is a is going to lead? Nobody else. There is a long list of suggestions, man who has already invaded two of Now, our allies can, should, and, I be- some that I will not even put in the his neighbors. Iraq has used chemical lieve, will join us if action is necessary. record here, but they are worth think- weapons inside and outside its borders. But we are going to have to lead the ing about. Our model should be the It has launched missiles against Saudi way. We are going to have to make the Reagan doctrine of rollback, not the tough decisions. And people need to un- Arabia and against Israel. Hussein Truman doctrine of containment in derstand that this threat could even tried to murder former President this instance. And I don’t mean that as apply to us. While it may be a direct George Bush in 1993. critically as it sounds. It is just that Now, we should not make any mis- threat of a Scud missile in the region there are two different doctrines, and with a chemical warhead even, it could take and think that a military action, the doctrine here should be rollback, very easily be a threat to Paris or some if it comes to that, is going to rehabili- not containment. city in the U.S. involving anthrax tate Saddam Hussein or even eliminate Despite our areas of agreement that that’s been produced by Saddam Hus- him. He does not have any desire to we have clearly reached—Senator sein. DASCHLE and I have been working to- join the civilized world, apparently, These are terrible things to even gether making sure every word is sani- and he has shown that he can survive think about, but you are dealing with a tized in the potential resolution—it is even when the whole world has con- person who has already used terrible obvious we cannot get it done this cerns with his conduct and has taken actions against his own people. And so week for physical reasons as much as unified action to stop his aggression. he is not so far removed. We are the anything else. And I remind my col- Second, I think there is a consensus ones who have to provide the direction. in the Senate that military force is jus- And we have to make sure people un- leagues and the American people it was tified if diplomatic actions fail in re- derstand it is a threat to the whole 5 months after Saddam Hussein in- sponding to the threat that Saddam world. vaded Kuwait, 5 months before Con- Hussein poses. The threat is serious In my view, the decisive use of force gress passed a resolution authorizing and our response must be serious. against Iraq coupled with the long- the use of force to expel him. In this Now, any military force that is used term strategy to eliminate the threat case, we have a bipartisan effort, try- does entail risks, to our military, to entails less risks in the long run than ing to make sure that the right thing our allies and even to our country if allowing Saddam Hussein’s actions and is going to be done and that the right there is an attempt at retaliation. The ambitions to go unchecked. You cannot language is developed. Unlike what we American people need to understand do it when you are dealing with a situ- had in the early 1990’s when the Speak- that, and we need to think about it ation like this. In the words of former er and majority leader were working to carefully. And we need to talk about Secretary of State Jim Baker, ‘‘The defeat the administration’s policy, you the risks that are involved. That is one only thing we shouldn’t do is do noth- now have a Speaker and a majority reason why, when we bring up a resolu- ing.’’ We cannot allow that to be the leader and the Democratic leader and tion, if it is necessary—and I assume it result or what we do is nothing. the minority leader in the House all will be—we must make sure that every The administration has agreed with working together with the administra- Senator who wants to be heard can be us that funding for the operations in tion to make sure that the language is heard. and around Iraq require supplemental right and that the actions are right. I remember when we had a similar appropriations. We had very grave con- Yes, more time may be needed for di- debate back in the early nineties. I cerns by the Senator from Alaska, Mr. plomacy and more time to think about think some 80 Senators spoke. Now, STEVENS, and Senator DOMENICI about the long-term plans, but a point will this time we won’t have 500,000 troops how much will this cost? How is it come when time will run out and ac- amassed on the ground ready to go in, going to be paid for? We cannot con- tion must go forward. When that but it is still a very serious matter, tinue to say ‘‘just take it out of your comes, when U.S. Armed Forces are and I want to make sure that we don’t hide’’ to the Pentagon; it is having an sent into harm’s way, by the President try to restrict Senators. In fact, we effect on morale, quality of life, on of the United States, they will have the could not. Senator DASCHLE knows if readiness and modernization. We al- backing of the Senate and the Amer- we asked unanimous consent to bring ready have a very high tempo for our ican people. If the President makes the this resolution up today and vote on it military men and women in the Navy decision to deploy military force in 4 hours, we would not get it; the and Air Force. We are satisfied that against the threat posed by Iraq, Amer- Senate is known for its deliberate ac- they now have made a commitment ica will be united, united and praying tions. And the longer I stay in the Sen- that they are going to come up and ask for the safety of our men and women in ate, the more I have learned to appre- for funding for both these purposes, in uniform, united in hoping casualties ciate it. It does help to give us time to Bosnia and, if necessary, in Iraq. And are kept to a minimum, and united in think about the potential problems and these will be emergency requests so it hoping for and supporting a successful the risks and the ramifications and to, will not come out of necessary im- effort. frankly, press the administration. I provements in barracks or spare parts I just want to make that point clear feel better this week than I did last for aircraft, which are very important. today. Nobody should interpret the week because of the responses we are There is a consensus on seriously ex- fact that we don’t vote on a resolution getting about how this is being amining now I believe long-term policy today as meaning that we are not thought out and what would be the options to increase the pressure on united in the fundamental principles. military action and what will be the Saddam Hussein. The administration We are. But we want to make sure that long-term plans to deal with Saddam and Congress and our allies all look when we do take military action, we Hussein. We are beginning to get some forward to dealing with a post-Saddam have thought about all the ramifica- answers now. I believe the administra- regime. But the question is how to get tions and the resolution that we come tion is thinking harder about what there. up with will have the involvement of

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S710 CONGRESSIONAL RECORD — SENATE February 12, 1998 100 Senators, with 100 Senators being ests are threatened if Saddam Hussein monitor Iraqi compliance with Resolu- present and voting, and that every is allowed to thwart the international tion 687 becomes a dangerous shell word is the appropriate word that re- community’s efforts to shut down his game. Neither the United States nor flects the best interests of the Amer- development of weapons of mass de- the global community can afford to ican people. struction programs. allow Saddam Hussein to continue on So I am pleased to stand here this Although Senator LOTT and I come this path. afternoon and make this statement and from different political parties and Secretaries Albright and Cohen, in to assure my colleagues that I will con- may differ on issues from time to time, their trips to the Persian Gulf and else- tinue to work with every Senator on there ought to be no mistake about our where, are sending the important mes- both sides of the aisle to make sure we position today. We stand united in sage that, while the United States cer- take the appropriate action, if it is sending the message to Iraq that it has tainly prefers a diplomatic course, we necessary, when we return week after no option other than to comply with are willing to use force to block Iraq’s next. the terms of the U.N. Security Council ability to develop and use an arsenal of Mr. President, I yield the floor and I resolutions. chemical and biological weapons if dip- am looking forward to hearing Senator We have chosen to speak together lomatic efforts do not achieve this re- DASCHLE’s comments on this subject. today to send this important message sult. While there are clear differences Mr. President, I observe the absence as the President and members of his among the leaders they have talked of a quorum momentarily. Administration work diligently to with, they have found unanimity on at The PRESIDING OFFICER (Mr. GOR- demonstrate to Iraq and the world the least 2 issues. TON). The clerk will call the roll. strength of our commitment to inter- First, U.N. weapons inspectors must The assistant legislative clerk pro- national security. It is a demonstra- have unfettered access to suspect Iraqi ceeded to call the roll. tion of our resolve—which is shared by sites. Second, Saddam Hussein is solely Mr. DASCHLE. Mr. President, I ask the American people—that Iraq shall responsible for creating this crisis by unanimous consent that the order for not be permitted to develop and deploy not adhering to the Security Council the quorum call be rescinded. an arsenal of frightening chemical and resolutions in the first place. The PRESIDING OFFICER. Without biological weapons under any cir- The foreign ministers of the 6-mem- objection, it is so ordered. cumstances. ber Gulf Cooperation Council—Saudi The Democratic leader is recognized. U.N. Security Council Resolution 687 Arabia, Kuwait, Bahrain, Oman, United Mr. DASCHLE. I begin by compli- requires Iraq to disclose and destroy its Arab Emirates, and Qatar—stated this menting the majority leader on his re- weapons of mass destruction capabili- most clearly just yesterday: marks and on the manner in which he ties and to commit unconditionally to The current crisis is a direct result of has conducted himself and his leader- never reviving those programs. Resolu- Baghdad’s reluctance to cooperate with ship with regard to this issue. He has tion 687 established the United Nations United Nations weapons inspectors and its noted the strong desire on the part of Special Commission (UNSCOM) to determination to defy the will of the inter- all four leaders in Congress to dem- verify Iraqi compliance with these pro- national community with respect to the onstrate with absolute clarity the need elimination of its arsenal of weapons of mass visions and required that international destruction . . . The only solution to spare for bipartisanship when it comes to economic sanctions against Iraq re- the people of Iraq additional hardship and sending as clear a message as we can. main in place until those conditions dangers is the Iraqi regime’s implementation His remarks and his actions have dem- are met. of the U.N. resolutions which it had pre- onstrated that, and I support fully his The Iraqi government has repeatedly viously accepted. decision not to bring the resolution to and deliberately impeded UNSCOM’s The United States continues to ex- the floor today. attempts to ensure that Iraq’s weapons haust all diplomatic efforts to reverse Obviously, there are times when mat- of mass destruction programs are de- the Iraqi threat. But absent immediate ters of this import need to be fully dis- stroyed. The Iraqis have consistently Iraqi compliance with Resolution 687, cussed and must by their nature in- thwarted UNSCOM’s efforts to conduct the security threat doesn’t simply per- volve every Senator. Two of the most their inspections unhindered—despite sist—it worsens. Saddam Hussein must important Senators to provide con- clear concerns about Iraq’s remaining understand that the United States has tributions to this debate are traveling chemical and biological weapons capa- the resolve to reverse that threat by on one of the most important missions bilities. UNSCOM personnel have force, if force is required And, I must related to this whole exercise and can- served admirably under extremely dif- say, it has the will. not be with us today. ficult, and often dangerous, conditions. Secretary Albright sent the message In addition to that, we continue to In the face of concerted Iraqi intimida- in its purest form: ‘‘Saddam does not consult with colleagues on both sides tion and deception, UNSCOM has dis- have a menu of choices, he has one: of the aisle in an effort to come up covered numerous violations of U.N. Iraq must comply with the U.N. Secu- with the clearest and most accurate Security Council resolutions requiring rity Council resolutions and provide statement with regard to the position an end to Iraq’s weapons of mass de- U.N. inspectors with the unfettered ac- to be expressed by the Senate. So for struction programs. In fact, more Iraqi cess they need to do their job.’’ all of those reasons and many others, chemical and biological weapons have We are here today to affirm that we Senator LOTT and I will continue to been destroyed as a result of and the American people stand with work with our colleagues and schedule UNSCOM’s inspections than during all the President and the international a time that will provide for the oppor- of Operation Desert Storm. community in an effort to end Iraq’s tunity for all Senators to be heard and Iraq’s actions pose a serious and con- weapons of mass destruction programs for debate to take place on this very tinued threat to international peace and preserve our vital national and important matter. and security. It is a threat we must ad- international security interests. But, so that there will be no mis- dress. Saddam is a proven aggressor The Senate has been working on a understanding, we come to the floor who has time and again turned his concurrent resolution expressing today jointly—and we will be joined by wrath on his neighbors and on his own Congress’s concern about Iraq’s refusal several others—to speak with one voice people. Iraq is not the only nation in to cooperate with U.N. weapons inspec- to condemn in the strongest possible the world to possess weapons of mass tors and urging the President to re- terms Iraq’s refusal to comply with destruction, but it is the only nation spond to this threat. In doing so, the international law. To condemn Iraq’s with a leader who has used them Senate has grappled with some of the refusal to fulfill its commitments to against his own people. very difficult issues surrounding the international community. To send It is essential that a dictator like Congress’s role in the decision to use a clear message to Saddam Hussein Saddam not be allowed to evade inter- military force. Perhaps too much had that American resolve to force Iraqi national strictures and wield fright- been made of the differences among compliance with international law and ening weapons of mass destruction. As Members of Congress about exactly their own commitments is unwavering; long as UNSCOM is prevented from car- how to approach this problem. That is to make clear that U.S. national inter- rying out its mission, the effort to understandable. There are always ways

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S711 in which to change the wording. But ber to try to resolve this issue, but to is an integral part of the long-standing there is no way in which to change the no avail. policy of containing Iraq. message. The message is fundamen- Then, last month, Iraq refused to co- Containment is a very unsatisfying tally and unequivocally clear, the most operate with a team of inspectors in- policy at an emotional level. It lacks important message of all. Iraq must vestigating Iraq’s efforts at conceal- finality and it requires patience and comply. There is no choice. We stand ment. It made preposterous charges staying power. But it meets our stra- united in our determination to do that the American head of the team, tegic objective of preventing Iraq from whatever is necessary to achieve our Scott Ritter, was a spy. threatening our national security in- goal. Iraq must comply. The United During a subsequent visit by Ambas- terests. States has the resolve to ensure that sador Butler, Iraq struck a defiant Containment is the best of three bad compliance and we stand united today note. It vowed never to open so-called options available to us. The other two in an effort to articulate that very ‘‘presidential and sovereign sites’’ to options would be to do nothing, or to clear message as loudly, as unequivo- inspection. In a recent speech, Saddam send in several hundred thousand cally, and in as much of a bipartisan Hussein stated his decision to expel ground troops to occupy Iraq. Neither way as we can. UNSCOM by May 20 if sanctions re- of these policies is viable. Mr. BIDEN. Mr. President, no one main in place. Doing nothing would encourage Iraqi should doubt for a moment the resolve The United Nations Security Council defiance and lead to a complete col- of the United States to respond with has repeatedly condemned Iraq’s non- lapse of the constraints that have been force, if necessary, to Iraq’s continued compliance. Since October of last year, placed upon Iraqi behavior since the flagrant violation of United Nations on seven separate occasions, the Secu- end of the gulf war. It would be the sur- Security Council resolutions. rity Council has demanded that Iraq est way to rehabilitate Saddam Hus- Vigorous diplomacy has been pursued fulfill its obligations. sein. over the past three months, but, thus But Saddam Hussein has made clear Just as unpalatable is the prospect of far, Saddam Hussein has shown that he that it is more important to him to re- sending in several hundred thousand has no interest in a peaceful solution tain the capacity to produce weapons ground troops to change the Iraqi re- on anything other than his own terms. of mass destruction than it is to com- gime. I believe that there is little sup- We cannot allow this tyrant to prevail ply with the resolutions that would port for such an operation in the Con- over the will of the international com- allow sanctions to be lifted. Once again gress or the public. It would also raise munity. Our national security would be he has proven what little regard he has a series of questions: seriously compromised by a failure to for the suffering of his people. Would we be prepared to occupy and stand up to the challenge he has con- The international community has ex- rebuild Iraq over a period of several fronted us with. hibited enormous patience with Iraq. years? Our strategic objective is to contain But that patience has reached its limit. Would we be prepared for the real Saddam Hussein and curtail his ability Time has run out. If Iraq does not possibility that a march on Baghdad to produce the most deadly weapons comply immediately and uncondition- might lead Saddam Hussein to unleash known to mankind—weapons that he ally with United Nations Security his weapons of mass destruction? has unleashed with chilling alacrity Council resolutions demanding unfet- Would any other nation support us against his own people. Left un- tered access for U.N. weapons inspec- for an action that is clearly outside the checked, Saddam Hussein would in tors, I believe that President Clinton bounds of security council resolutions? short order be in a position to threaten will have no choice but to order the use To this point those resolutions have and blackmail our regional allies, our of air power. provided the basis for all U.S. military troops, and, indeed, our nation. Unfortunately, we have learned over action against Iraq since the gulf war. Let me take just a moment to re- the past several years that the Iraqi In the end, the only policy that count how we have come to the point Government, and more specifically its stands up to scrutiny is that of con- where military force may be employed leader, only seem to understand the tainment, which the Clinton adminis- in the near future. blunt language of force. tration has followed and the Bush ad- For nearly seven years, Iraq has en- In recent weeks, several questions ministration before it followed. gaged in a cat and mouse game with and criticisms have been raised with Finally, another question that has the international inspectors that com- respect to President Clinton’s policy. I arisen is whether the President should prise the United Nations Special Com- would like to take a moment to re- obtain specific authorization to use mission. It has obstructed UNSCOM spond to some of these comments. force. I believe that the President from fulfilling its mandate to monitor, Questions have been asked about our would be wise to obtain such authoriza- investigate, and destroy Iraq’s capacity objectives. The objectives have been tion. to produce weapons of mass destruc- defined precisely. They are to curtail The executive branch contends that tion. and delay Saddam Hussein’s capacity it already has sufficient legal author- In spite of Iraq’s tenacious efforts at to produce and deliver weapons of mass ity, under Public Law 102–1—the use of concealment and obstruction, UNSCOM destruction and his ability to threaten force resolution passed by Congress be- has uncovered and destroyed more his neighbors. We have been told by the fore the gulf war. The argument, as I weapons of mass destruction than were Joint Chiefs of Staff that a military understand it, may be summarized as destroyed during the entire gulf war. plan has been developed that would ful- follows: UNSCOM has revealed Iraqi lie after fill these objectives. In Public Law 102–1, Congress author- Iraqi lie. In a sense, the international coali- ized the President to use United States Last October, Iraq threatened to tion now assembling forces in the Per- Armed Forces: expel all American members of the spe- sian Gulf will accomplish through the ‘‘Pursuant to United Nations Secu- cial commission. Ambassador Richard use of force what UNSCOM would be rity Council Resolution 678. Security Butler, the chairman of UNSCOM, re- doing were it allowed to do its job. Sec- Council Resolution 678, passed by the sponded appropriately by withdrawing retary Cohen has told us that there is Council in November, 1990, authorized all inspectors rather than having his no substitute for having UNSCOM on members of the United Nations to ‘‘use staff of professionals segregated on the the ground, but we are left with little all necessary means to uphold and im- basis of their nationality. choice if UNSCOM is prevented from plement Resolution 660 (1990) (The reso- The ensuing stand-off led to diplo- carrying out its duties. lution which called for Iraqi forces to matic intervention by Russia. Eventu- When the objectives have been ex- leave Kuwait) and all subsequent rel- ally, Iraq relented by allowing plained, the next question that arises evant resolutions and to restore inter- UNSCOM back into the country. is what are the next steps. But this national peace and security in the But the central issue of uncondi- question is based upon the flawed [Persian Gulf] area.’’ tional and unfettered access by premise that the use of force reflects a Following the gulf war, in April, 1991, UNSCOM was left unresolved. Ambas- new policy. In fact, the use of force for the Security Council passed Resolution sador Butler visited Baghdad in Decem- the purposes outlined by the President 687, which set the terms of the cease-

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An asymmetric capability of nuclear, agreements, such as the Chemical Because Security Council Resolution chemical, and biological weapons gives Weapons Convention, the Comprehen- 678 provided broad authority for na- an otherwise weak country the power sive Test Ban Treaty among others. tions to enforce ‘‘all subsequent rel- to intimidate and blackmail. We risk What is clear is that without the re- evant resolutions’’ and ‘‘to restore sending a dangerous signal to other solve of the international community peace and security in the area,’’ and, would-be proliferators if we do not re- to enforce these standards, they are because peace and security has not spond decisively to Iraq’s trans- meaningless. Saddam Hussein has been restored to the Persian Gulf—in- gressions. Conversely, a firm response threatened the peace in the Middle deed, Iraq is currently in violation of would enhance deterrence and go a East before. His people have suffered the cease-fire resolution—then the res- long way toward protecting our citi- mightily for it. But even at that time olutions from 1990 and 1991, both by the zens from the pernicious threat of pro- he did not deploy weapons of mass de- Security Council and Congress, the ad- liferation. struction. We cannot provide him a ministration contends, would still have Second, a failure to uphold United second chance. legal force. Nations resolutions would diminish the International inspectors have con- Moreover, Congress has never modi- credibility of the Security Council. As cluded that he is continuing to develop fied or repealed Public Law 102–1, so much as we might like to deal with an arsenal of these horrible weapons. absent further congressional action, every threat we face on our own, in re- He has used them in the past, so why and absent the restoration of peace and ality it is impractical and unrealistic. wouldn’t we believe that he would use security to the gulf, the President still Instinctively, we all know that we are them again, unless he is stopped? Just has the legal authority to use military much better off when we have the sup- to put this in perspective, when you action against Iraq. Or so the adminis- port of the international community talk about chemical weapons or bio- tration’s argument goes. when facing common threats. logical weapons, someone may say, As a strong advocate of Congress ex- But in order for the Security Council ‘‘So, what is that? Does that make that ercising its powers under the Constitu- to respond effectively to threats to much difference? Is that really some- tion in authorizing the use of force, I international peace and security that thing that could harm the neighbors of must admit to some skepticism about might arise in the future, it is impor- Iraq, or harm the people of any other this theory. In my own research of the tant that those who would violate the country?’’ question, I have consulted several emi- will of the international community Anthrax is one of these weapons. A nent constitutional scholars. My con- pay a steep price for their actions. Iraq few pounds—think of what that is. It’s clusion is that the administration’s ar- offers an important test case for the something that is about this big. A few gument may be legally tenable—if Security Council. Capitulating to Iraqi pounds of anthrax could wipe out a city barely so—and would probably be sus- defiance could spell a dismal future for the size of Washington, DC. We know tained in a court of law. the Security Council in handling the that Saddam Hussein has the capa- But merely because the position may central matters of international peace bility to produce this type of weapon. be legally sufficient—and the courts and security for which it was created. We know he has Scud missiles, we have are notoriously deferential to the exec- I hope that the Russians, French, and seen them. Put that on top of a Scud utive in matters of war and peace (if Chinese keep in mind that it is not in missile and what does that do to the they agree to consider the case at all)— their interest to see the authority of security of the neighbors of Iraq? I do not believe it would be wise prece- the Security Council diminished. Chemical or biological agents could dent, or wise policy, of the President to It is difficult to overstate the stakes be introduced into the water supply of proceed with renewed military action involved. any city and kill thousands of people. against Iraq without a clear authoriza- Fateful decisions will be made in the That is the kind of weapon we are talk- tion, newly enacted by this Congress. days and weeks ahead. At issue is noth- ing about. So, if you are talking about, Indeed, because the question is a close ing less than the fundamental question is this really an issue? Is this some- one—and because we have a different of whether or not we can keep the most thing that we need to stop? I just ask President than we did in 1991, and a lethal weapons known to mankind out you, if a few pounds of this kind of significant change in the membership of the hands of an unreconstructed ty- agent can kill the inhabitants of a city of Congress since that time—it would rant and aggressor who is in the same the size of Washington, DC, who in the be prudent for President Clinton to league as the most brutal dictators of world is safe, if someone is manufac- seek a new expression of legal author- this century. turing these and has used them on in- ization from Congress. I yield the floor. nocent people before? Mr. President, we should all hope for The PRESIDING OFFICER. The Sen- The United States led in the gulf a genuine diplomatic solution to this ator from Texas. war. We will lead again. And we will do stand-off, but no one should doubt our Mrs. HUTCHISON. Mr. President, I, so with the support of the American resolve to use force if it becomes nec- too, want to commend our two leaders people. We are going to stand against essary. for working together on this very im- nuclear, chemical or biological weap- We have little choice in this matter. portant issue. I think all of us believe ons in the hands of someone so irre- Important principles and vital national that it is our responsibility, as the U.S. sponsible as Saddam Hussein, who has interests are at stake. Senate, to work in a bipartisan way a record that is known of killing inno- First and foremost, an Iraq left free with the President of the United States cent people. We look for support from to develop weapons of mass destruction on an issue as grave as attacking an- the international community as we had would pose a grave threat to our na- other country and sending our troops it in Desert Storm, and as I hope we tional security. The current regime in into harm’s way. I believe the adminis- can count on for the future. Iraq has repeatedly demonstrated its tration will work with this Congress We must not let there be a doubt of aggressive tendencies toward its neigh- and I believe we will have a comfort the resolve of the American people. bors. It has also displayed a callous level that there is a plan and that our Saddam Hussein must know that we willingness to use chemical weapons to troops will be sent on a mission that is speak with one voice. We need the re- achieve its aims. very clear. That is what this is all sumption of inspections, for Saddam Recently, we have heard chilling re- about. Hussein to show that he wants to be a ports of possible biological weapons ex- The message we are sending to Sad- part of the international community. periments on humans. An UNSCOM In- dam Hussein today is clear: You may Military force is justified as part of an spector has spoken of information that either join the community of nations, overall strategy. Our leader has said points to a secret biological weapons abide by the resolutions of the United that. What Congress will be looking

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We have allies looking for from the President and his less in other quarters, international in the region in the moderate Arab na- advisers, is an overall strategy so we agreements are at stake, agreements to tions and in Israel, and we have vital know what we are looking at, what our end the gulf war, promises made by economic interests in the oil supply in troops are going to be asked to do; so Saddam Hussein about allowing inspec- that region. that we can provide our troops with all tions which would enable us—the Mr. President, the fact is that all of the means they need to do the job and world—to guarantee that he was keep- those interests, all that we have at the protection they need when they are ing his promises to disarm, a request stake there—international promises in the field. justifiably made by the victorious made by Saddam as a condition to the I hope that part of an overall strat- forces in Operation Desert Storm and end of the cold war, the threat of weap- egy will be the beginning of the com- required of those who were vanquished ons of mass destruction and delivery munication directly with the people of in that conflict. So it is the integrity systems, the vital interests in the re- Iraq, with the good and decent people of these agreements, in the first in- gion, the necessity to draw a line who have fled the country, to say we stance, that is at stake. against the use of chemical and bio- want to support you and we want you Secondly, there are consequences, logical poisons, which all of the mili- to know that the weapons that are which is the threat that Saddam Hus- tary experts tell us will characterize being held could be totally deadly to sein will use those weapons of mass de- and intensify the security threats to you, to your children, and to the people struction that we know he has; that he our region and most of the rest of the that live throughout the country of will use the ballistic missile, the deliv- world in the next century—all of those Iraq. What we want to do is make that ery system capacity to deliver those threats are not just to the United a safe area so the people will be free weapons of mass destruction that we States, they are surely to our allies in and so they can join the community of know he has in rudiment and is devel- the region and are to most of the rest nations for a lasting peace in the Mid- oping even further. of the world. dle East. Our forces are prepared. They We know, as one of my colleagues That is perhaps why so many nations will be capable of dealing a harsh les- said a moment ago—I believe it was have come to our side as we face the re- son once again. I hope it will not be Senator DASCHLE—unlike other leaders ality that the United Nations, not the necessary. in the world, including dictatorial United States, tell us of the refusal of Mr. President, I yield the floor. leaders of rogue nations who possess Saddam Hussein to allow the inspec- The PRESIDING OFFICER. The Sen- weapons of mass destruction, this par- tions that he promised and, therefore, ator from Connecticut. ticular leader, Saddam Hussein, has the fact that we have gone now more Mr. LIEBERMAN. Mr. President, I used those weapons against his neigh- than 5 months with those sites want to express my personal gratitude bor, Iran, in the Iran-Iraq war in the uninspected and day by day the threat to the Senate majority leader, to the eighties, and against the Kurdish popu- rises. That is why our closest and most Senate Democratic leader, to my col- lation of his own country. league from Texas who has just spoken So our anger, our anxiety, our steadfast ally, Britain, have joined us, for their eloquent statements, but real- unease, our judgment that we have are ready to stand and fly side by side with us. But they are not alone. Can- ly more for the unmistakable message vital interests at stake is not theo- ada, Australia, the Netherlands, Bah- that they send, which is that there are retical. It is based on a course of be- rain, Kuwait, Israel and a growing ultimately times of conflict abroad havior by this particular leader of this number of others are prepared to join that involve the vital interests of the particular nation. We went through the us. entire cold war with enormous United States, as the current situation As much as we are heartened by this amounts of nuclear power in our hands in Iraq does, no Democrats, no Repub- support, we don’t see the same range of licans, only Americans standing side and in the hands of the Soviet leaders, the coalition that we had leading up to by side in support of the Commander in but there was, in the end, a kind of un- the gulf war. Maybe that is under- Chief and all those Americans in uni- derstanding based on a strange form of standable because the threat that the form who serve under him. civilized premise, which is that those current crisis poses is not as imme- That, I hope, is the message that will weapons would not ultimately be used, diate and accomplished, it is mostly be heard in Baghdad, most impor- and they were not ultimately used. I imminent. In 1990, Saddam Hussein in- tantly. If the Commander in Chief of don’t think we can reach that same vaded his neighbor Kuwait and threat- the United States decides that military conclusion about this leader based on ened Saudi Arabia and the rest of the force is necessary to be employed his own course of behavior. Persian Gulf states, oil-producing against Iraq, the overwhelming major- There is a way in which there is a states. In that circumstance, with a ity of Members of the U.S. Senate will line to be drawn in this case, just as we danger that was real and experienced, stand strongly behind him and behind drew a line in the post-cold-war-world, it was easier to assemble the broad- those American personnel in uniform when Saddam invaded Kuwait and based coalition that we did. who will carry out that policy. threatened our neighbors and vital eco- Today, the threat may not be as Mr. President, the statements of the nomic interests and energy supplies in clear to other nations of the world, but majority leader and the Democratic that region and we acted, reacted and its consequences are even more dev- leader are the finest examples of bipar- reacted forcefully and rolled him back. astating potentially than the real tisanship and statesmanship. They re- Just as in Bosnia, we saw ethnic con- threat, than the realized pain of the in- mind us, though there may be disagree- flict could divide Europe and create vasion of Kuwait in 1990, because the ments in this Chamber on partisan broader conflict there, and we acted damage that can be inflicted by Sad- lines, that, again, when challenged, and stopped it. So, too, in this case, we dam Hussein and Iraq, under his leader- when it comes to America’s vital inter- are called upon to show that we are ship, with weapons of mass destruction ests abroad, we will stand together willing to draw a line, a preventive is incalculable; it is enormous. above party lines. line, against those who possess weap- Therefore, I hope, though the cir- The administration has been very ac- ons of mass destruction—chemical and cumstance may not be as clear, that cessible, very forthcoming in con- biological; some have called them the other nations that have not yet force- sulting with both Houses of Congress poor nations’ nuclear weapons—that fully expressed their willingness to about the challenge that Saddam Hus- we will draw a line and say we won’t stand with us and Britain and the other sein and Iraq represent to us and to the tolerate it. We are going to act to im- allies I mentioned will come to an un- security of our allies in the region and pose a regime of promises to disarm derstanding of that. It has been my our soldiers in the region and of the and if those promises are not kept, the hope all along that if the United States world in general. I think we have to ex- international community will act to continued to lead, as we have, that the press our appreciation to the adminis- enforce them. full range of coalition allies would, tration for that dialog that continues. We have vital interests at stake in once again, stand by our side. What is at stake in Iraq today? For the region. We have thousands of sol- I always remember the Biblical evo- one, something that might be consid- diers there within range of these weap- cation which is, if the sound of the

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If the sound of the trum- the very agreements he made to end rain. pet is clear, then I hope that the widest the gulf war; of the taunting of the I believe that it would be useful to range of other nations in the world will international community that he rep- briefly review some of the historical follow into battle, if that is necessary, resents today. record relating to Iraq’s compliance not simply to follow our leadership, Mr. President, if this were a domestic with United Nations Security Council but because their vital interests are at situation, a political situation, and we resolutions leading up to the present stake, in the resolution of this prob- were talking about criminal law in this crisis. lem. country, we have something in our law United Nations Security Council Res- Mr. President, I think the adminis- called ‘‘three strikes and you are out,’’ olution 660 of August 2, 1990, con- tration has made clear, and that is why three crimes and you get locked up for demned the Iraqi invasion of Kuwait I believe there is broad support for the good because we have given up on you. and demanded that it withdraw its possible attacks that may occur on I think Saddam Hussein has had more forces from Kuwait. The Security Iraq, that its goals here are limited. If than three strikes in the international, Council’s Resolution 678 of November air attacks occur, these are not acts of diplomatic, strategic and military 29, 1990, affirmed by Resolution 687 of revenge, these are not punitive acts community. So I have grave doubts April 3, 1991, authorized the use of all which have no meaning. These would that a diplomatic solution is possible necessary means to restore inter- be acts and attacks that are aimed at here. national peace and security. During accomplishing what the inspections What I and some of the Members of this period and up to the actual use of were supposed to accomplish, that are the Senate hope for is a longer-term force by the United States-led coali- aimed at accomplishing what the gulf policy based on the probability that an tion, there were a series of diplomatic war cease-fire agreement was supposed acceptable diplomatic solution is not efforts to convince the government of to accomplish, which is the diminution possible, which acknowledges as the Saddam Hussein to withdraw from Ku- and ultimately the elimination of central goal the changing of the regime wait. But Saddam Hussein didn’t get it. Iraq’s capacity to wage chemical, bio- in Iraq to bring to power a regime with Following the Gulf War, the Security logical or nuclear war against its which we and the rest of the world can Council continued the economic and neighbors or ultimately anyone in the have trustworthy relationships. That is weapons sanctions on Iraq that were world. That limited goal may not sat- not going to be simple. It is not going imposed after it invaded Kuwait. The isfy some people, but it is a reasonable to come overnight. It involves an effort Security Council conditioned the lift- goal at this time, and it is a goal that to work with Iraqi opposition to Sad- ing of the sanctions on Iraq’s accepting I think ultimately and effectively will dam Hussein, to use some of the same the destruction, removal or rendering enjoy the broadest support in the U.S. methods that were used in the cold harmless, under international super- Senate. war, something as simple and yet as ef- vision, of its nuclear, chemical, and bi- Mr. President, there are those who fective as Radio Free Europe which ological weapons programs and all bal- say, ‘‘Well, what next? What if this spoke so powerfully to the hopes and listic missiles with a range greater doesn’t work?’’ I am confident it will dreams of people who lived so long than 150 kilometers. Despite the crip- work. When I say it will work, I mean under the tyranny of the Soviets, the pling international economic sanctions I have the confidence the United States Communists, and do the same for the that have been imposed on his country military has the capacity to strike at people who live under the tyranny of by the international community, Sad- Iraq in a way that will, in fact, inca- Saddam Hussein, to work with our al- dam Hussein still didn’t get it. pacitate, debilitate, postpone the abil- lies to build the kind of alternative In recognition of the need to reduce ity of that country under Saddam Hus- that will raise our hopes for peace in the harm to the Iraqi people that were sein to inflict damage on its neighbors that region of the world. caused by Saddam Hussein’s misadven- with weapons of mass destruction. So Those discussions about what may tures, the Security Council on August that goal will be accomplished. follow an air attack on Iraq are impor- 15, 1991, in Resolution 706, authorized I think the question of what is next tant. They are not easy. They deserve the sale of Iraqi oil for the dual pur- is an appropriate topic of discussion. to be debated. pose of the payment of claims against Some people say we should pull back For now I think what is most impor- Iraq and for the purchase of foodstuffs, and wait and see what, in that initial tant is that people of both parties have medicines, materials and supplies for time of that military strike, if it oc- come together on the floor of the Sen- essential civilian humanitarian needs. curs, it will gain us, to see whether di- ate to speak to this challenge to inter- That authorization was made subject plomacy can work again, to see if we national law, to America’s vital inter- to the Security Council’s approval of a can build the fullness of the coalition ests, and to say, directly or indirectly, plan for such sales and for inter- and again confront Saddam with the ‘‘Mr. President, if you, as Commander national monitoring and supervision to opportunity to comply with the prom- in Chief, act in this circumstance, in assure their equitable distribution in ises he previously made. this crisis, you and the troops who all regions of Iraq and to all categories Others, and I number myself among serve under you will have broad bipar- of the Iraqi civilian population. But this group, are very skeptical of that tisan support in the U.S. Senate.’’ Saddam Hussein rejected the plan. It policy. Diplomacy is always preferable I thank the Chair, and I yield the wasn’t until a Memorandum of Under- to the use of force, and yet, I myself re- floor. standing on the plan was signed by Iraq main profoundly skeptical that an ac- (At the request of Mr. DASCHLE, the and the United Nations on May 20, 1996, ceptable diplomatic resolution to this following statement was ordered to be and after several additional months of conflict is possible. printed in the RECORD.) contentious negotiations on implemen- It is a painful and sad conclusion, but IRAQ’S THREAT TO INTERNATIONAL PEACE AND tation details, that Iraq finally began it is based not on animus toward that SECURITY pumping oil on December 10, 1996. That country, certainly not animus toward ∑ Mr. LEVIN. Mr. President, I want to was more than 5 years after the Secu- the people of Iraq, but it is based on express my support for President Clin- rity Council authorized such action. the record. The record I need not cite ton, in consultation with Congress and Saddam Hussein still didn’t get it. in detail, but we know about the vio- consistent with the United States Con- There were several major confronta- lent way in which Saddam Hussein stitution and laws, taking necessary tions between Iraq and the inter- seized power in Iraq, eliminating those and appropriate actions to respond ef- national community over access for of his fellow Iraqis who were in his fectively to the threat posed by Iraq’s United Nations Special Commission on way, about the violent and dictatorial refusal to end its weapons of mass de- Iraq or UNSCOM inspectors between way in which he has ruled. Life doesn’t struction programs. May 1991 and June 1993. That pattern of matter when you stand in the way of I am presently in Moscow accom- confrontation was repeated on numer- him; of the means that he used to con- panying Secretary of Defense William ous occasions from March 1996 to Octo- duct the war against Iran, including Cohen on a trip that has taken us to ber 1997. Since that time, the situation weapons of mass destruction; of his in- Saudi Arabia, Kuwait, Oman, the worsened until Iraq agreed that

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S715 UNSCOM could return to Iraq uncondi- level issued a statement concerning the to complicate conditions which threaten it tionally. Although UNSCOM inspec- Iraqi crisis. I ask that the text of the with more severe and dangerous con- tions resumed on November 21, 1997, ac- statement by printed in the RECORD at sequences while at the same time placing the cess was denied to presidential palaces the conclusion of my remarks. That responsibility for such measures on the Arab nation and the international community. and many other sites, and in mid-Janu- statement included the following and I Bearing in mind that the council has not ary 1998, an inspection team headed by quote: abandoned and continues to support any an American was blocked. By the way, The Ministerial Council has stressed that peaceful approach, the severe results from there are many dozens of these palaces. the current crisis is created by the Iraqi re- what might happen are to be borne by the Some have grounds as large as Wash- gime alone as a result of its non-cooperation Iraqi regime alone. In spite of the numerous ington D.C. They are suspect weapons with the international inspectors and its efforts which a number of Arab and inter- of mass destruction sites as long as ac- challenge to the will of the international national parties have exerted to convince cess is denied. community. This non-cooperation threatens Iraq to retreat from its position by allowing And so we have reached the present Iraq with severe dangers. The Council ex- the international inspectors to carry out presses its conviction that responsibility for moment in time in which Iraq is block- their duties without any hindrance or condi- the result of this crisis falls on the Iraqi re- tion, the Iraqi regime has continued with its ing the UNSCOM inspectors from per- gime itself. intransigence. Not caring about the dan- forming their mission on behalf of the Further, General Zinni, the Com- gerous consequences which could result from international community. Saddam mander in Chief of the Central Com- this stance. Hussein still doesn’t get it. mand (CINCENT), has personally ad- And in this tense environment, which pres- Mr. President, United Nations Sec- ages dangers, the council expresses its belief vised us that, in his professional opin- retary General Kofi Annan stated it that the only way to save the Iraqi people ion, the United States has the support well at a press conference on February from the dangers and suffering to which they 2 when he said: from Saudi Arabia and other Gulf na- have been subjected is by the Iraqi regime tions needed to meet the requirements implementing the resolutions which the I think no one in the Council is pushing for international community has reached by the use of force in the first instance. All of the CINCCENT plan to execute a consensus and which Iraq has accepted, in those who are talking about it are looking at successful military operation, should it accordance with the program of this special it as a last resort. We hope that President be necessary. commission the implementation of which no Saddam Hussein, for the sake of the Iraqi Mr. President, the use of military one has disputed. people, who have suffered so much, will lis- force is a measure of last resort. The In order to avoid the Iraqi brotherly people ten to the messages that are being taken to best choice of avoiding it will be if Sad- being subjected to the dangerous con- him by these senior envoys from Russia, dam Hussein understands he has no sequences of this crisis, the council asks the from France, from people in the region, lead- choice except to open up to UNSCOM Iraqi regime to yield to the efforts made to ers in the region and elsewhere, and really implement all the commitments asked of it avoid taking his people through another con- inspections and destroy his weapons of frontation. They don’t need it; the region mass destruction. The use of military by removing the barriers/obstacles which it doesn’t need it; and the world certainly can force may not result in that desired re- has imposed on the tasks of the inter- do without it. And so, hopefully, the leader- sult but it will serve to degrade Sad- national inspectors in preparation for reduc- ship will have the courage, the wisdom and ing the sanctions and lifting the suffering of dam Hussein’s ability to develop weap- the Iraqi brotherly people. the concern for its own people to take us ons of mass destruction and to threat- back from the brink. The council stresses again its firm stance en international peace and security. on the need to preserve the independence and Mr. President, this crisis is due en- Although not as useful as inspection sovereignty of Iraq, its territorial integrity tirely to the actions of Saddam Hus- and destruction, it is still a worthy and its regional security. The council has de- sein. He alone is responsible. We all goal. cided to continue communications between wish that diplomacy will cause him to The statement follows: the member countries to follow the develop- ments and this session will remain open.∑ back down but history does not give GULF COOPERATION COUNCIL me cause for optimism that Saddam The dangerous circumstances and the crit- Mr. BYRD addressed the Chair. Hussein will finally get it. ical situation the region is witnessing, which The PRESIDING OFFICER. The Sen- Mr. President, Saddam Hussein’s has resulted from the crisis which the Iraqi ator from West Virginia, under the pre- weapons of mass destruction programs regime has created with the international in- vious order, has 30 minutes. The Sen- and the means to deliver them are a spectors belonging to the special committee ator from Maine was here before he menace to international peace and se- assigned the task of destroying Iraqi WMD, was. Will he let her—— curity. They pose a threat to Iraq’s and by refusing to cooperate with the inter- Mr. BYRD. I am seeking recognition neighbors, to U.S. forces in the Gulf re- national inspectors while not allowing them first. to carry out their duties by imposing condi- gion, to the world’s energy supplies, tions and creating obstacles represents a The PRESIDING OFFICER. The Sen- and to the integrity and credibility of clear violation of the Security Council reso- ator from West Virginia is recognized. the United Nations Security Council. lutions related to Iraq’s aggression on the Mr. BYRD. Now, if the distinguished Mr. President, as I noted earlier, I state of Kuwait. Senator from Maine would prefer to go have visited a number of countries in The Ministerial Council has discussed ahead, I would be happy to await her. the Middle East with Secretary Cohen. these developments and what they involve in Ms. COLLINS addressed the Chair. In each country, we have met with the terms of actual dangers which threaten the The PRESIDING OFFICER. The Sen- head of state. We’ve had a series of security and stability of the region. The Ministerial Council notes the inter- ator from Maine. very positive meetings in every coun- national community’s consensus and its in- Does the Senator from West Virginia try. We’re very confident that the sup- sistence on Iraq implementing the Security yield? port that is needed and has been re- Council resolutions in full; it places the re- Mr. BYRD. I just wanted to establish quested from these countries would be sponsibility for the delays in implementing my right under the rules—which I forthcoming if diplomatic efforts fail those resolutions on Iraq. These delays will sought recognition. The fact that an- to get Saddam Hussein to comply and lead to continuation of the sanctions im- other Senator has been here does not if there is a military strike. They all posed on Iraq under which the Iraqi people mean anything under the rules, but I say, in various ways, basically the suffer. The GCC people are concerned by this am happy to yield and have the Sen- suffering and place the responsibility for it same thing—he must comply with U.N. on the Iraqi regime alone. ator proceed. Security Council resolutions and, if he The Ministerial Council has stressed that The PRESIDING OFFICER. The Sen- fails to comply and if there is military the current crisis is created by the Iraqi re- ator from Maine is recognized for not action, the responsibility is his and his gime alone as a result of its non-cooperation to exceed 10 minutes. alone since he has the key to a peaceful with the international inspectors and its Ms. COLLINS. Thank you, Mr. Presi- solution, which is compliance with the challenge to the will of the international dent. And I thank the Senator from U.N. resolutions. And we are assured community. This non-cooperation threatens West Virginia for his courtesy. Iraq with sever dangers. The council ex- (The remarks of Ms. COLLINS per- privately that we will have their sup- presses its conviction that responsibility for port if diplomatic efforts fail and if the result of this crisis falls on the Iraqi re- taining to the introduction of S. 1648 military action is necessary. gime itself. The council also stresses that it are located in today’s RECORD under Mr. President, yesterday the Gulf Co- is not reasonable or acceptable anymore that ‘‘Statements on Introduced Bills and operation Council at the Ministerial the Iraqi regime takes unilateral measures Joint Resolutions.’’)

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S716 CONGRESSIONAL RECORD — SENATE February 12, 1998 Ms. COLLINS. Mr. President, I yield cerning the issue of fraud in the health 5. Credentialing and competency testing the floor and suggest the absence of a care industry. The Home Care Alliance standards for government contractors and quorum. of Maine has a longstanding commit- federal regulators responsible for issuing The PRESIDING OFFICER. The ment to ensuring the highest quality Medicare determinations. clerk will call the roll. 6. Mandatory screening and background home health care in the State of checks on all applicants for Medicare certifi- The legislative clerk proceeded to Maine. It has adopted a policy of zero cation as a home health agency. call the roll. tolerance on fraud and abuse in the 7. Development and provision of a sum- Ms. COLLINS. Mr. President, I ask home health industry. Its members rec- mary of program coverage requirements for unanimous consent that the order for ognize that unscrupulous home health consumers and prospective consumers of the quorum call be rescinded. providers not only tarnish the reputa- Medicare home health care benefits. The PRESIDING OFFICER. Without tion of legitimate health care profes- 8. Enhancement and increased accessibility objection, it is so ordered. sionals, but that these unscrupulous of the consumer reporting hotline for sus- Ms. COLLINS. Mr. President, I ask pected fraud and abuse. individuals jeopardize the very avail- The Home Care Alliance of Maine is com- unanimous consent that I be permitted ability of Medicare. to proceed in morning business until mitted to working with its membership, I ask unanimous consent the position state and federal regulatory bodies, and con- the Senator from West Virginia comes statement of the Home Care Alliance of sumer advocacy groups to ensure the integ- to the floor to give his statement. I ask Maine be printed in the RECORD so my rity of the Medicare home health care ben- unanimous consent for only 5 minutes colleagues and organizations rep- efit in Maine. or until such time as the Senator ar- resenting home health care agencies Ms. COLLINS. I appreciate the oppor- rives. across the United States can have the tunity to comment on this issue. The PRESIDING OFFICER. Without benefit of the very fine work this orga- I suggest the absence of a quorum. objection, it is so ordered. nization has done. The PRESIDING OFFICER. The f There being no objection, the mate- clerk will call the roll. PREVENTING FRAUD AND ABUSE rial was ordered to be printed in the The legislative clerk proceeded to WITHIN THE MEDICARE PROGRAM RECORD, as follows: call the roll. MEDICARE FRAUD AND ABUSE Mr. COVERDELL. Mr. President, I Ms. COLLINS. Mr. President, as the POSITION STATEMENT ask unanimous consent that the order Congress grapples with the problem of The Home Care Alliance of Maine member- for the quorum call be rescinded. maintaining the solvency of the Medi- ship has a long-standing commitment to pro- The PRESIDING OFFICER. Without care program and with proposals to ex- vide the highest quality of care to the elder- objection, it is so ordered. pand Medicare coverage, we must not ly and infirm of our state. Even one unscru- overlook a critical problem that pulous home health provider that fails to f threatens the financial integrity of maintain the values and ethics that are at RECOGNITION OF MEMBERS OF this vital social program, which pro- the core of home care jeopardizes the viabil- ARMED FORCES HELD AS PRIS- vides health care services to 38 million ity of ongoing access to appropriate home ONERS OF WAR DURING VIET- health services. older and disabled Americans. I am We recognize that the responsibility for re- NAM CONFLICT talking, Mr. President, about the prob- solving concerns of fraud and abuse lies with Mr. COVERDELL. Mr. President, I lem of waste, fraud and abuse in this the government, the home health industry, ask unanimous consent that the Sen- program. and individual providers. We further believe ate proceed to the immediate consider- The Permanent Subcommittee on In- that different strategies are needed to clear- ation of Senate Resolution 177, sub- ly distinguish deliberately fraudulent prac- vestigations, which I chair, has under- mitted earlier today by Senators taken an extensive investigation into tice from unintentional errors that can occur in the interpretation of the complex COVERDELL, CLELAND and others. Medicare fraud. The PRESIDING OFFICER. The At our first hearing last summer, we and often vague rules and regulations in the Medicare home health care benefit. clerk will report. learned from the inspector general of The Home Care Alliance of Maine firmly The legislative clerk read as follows: the Department of Health and Human believes that fraud and abuse can be elimi- Services that an astounding $23 billion A resolution (S. Res. 177) recognizing, and nated and errors corrected when addressed calling on all Americans to recognize, the a year is lost to waste, fraud, abuse and by comprehensive and concerted efforts courage and sacrifice of the members of the other improper payments. among the industry, government, individual Armed Forces held as prisoners of war during In more recent hearings, Mr. Presi- providers, and consumers. This partnership the Vietnam conflict and stating that the dent, we discovered that career crimi- is critical to achieve the mutually beneficial American people will not forget that more nals, with absolutely no background in goal of assuring integrity in administration than 2,000 members of the Armed Forces re- of the Medicare home health care benefit. main unaccounted for from the Vietnam con- health care, were able to be certified as We further believe that education of con- flict and will continue to press for the fullest Medicare providers and enter the sys- sumers and advocacy groups is central to en- possible accounting for all such members tem for the sole purpose of ripping it suring trust in legitimate providers of home whose whereabouts are unknown. off. health services. It is only through open and For example, one case that the sub- public discussion about the basic structure The PRESIDING OFFICER. Is there committee investigated involved a to- of changes in the Medicare home health care objection to the immediate consider- tally fictitious durable medical equip- benefit that consumers and others can con- ation of the resolution? ment company that was located in the fidently distinguish blatant fraud and abuse There being no objection, the Senate from innocent errors in interpretation and proceeded to consider the resolution. middle of the runway of the Miami provision of services. Informed consumers International Airport, if it had in fact Mr. COVERDELL. Mr. President, col- and their advocates can then be reassured by leagues, I rise on this 25th anniversary existed. their choice of licensed and certified home I am not talking here, Mr. President, health agencies. of the return of the first American about legitimate providers or innocent The Home Care Alliance of Maine supports: POWs from Vietnam to recognize the mistakes or honest billing errors. I am 1. Zero tolerance for fraud and abuse of the National League of Families of Amer- talking about outright fraud. We need Medicare home health care benefit. ican Prisoners and Missing in South- 2. Total cooperation with prompt and re- east Asia and the many years and tire- to do a better job of screening pro- sponsible investigation and resolution of any viders and controlling their entry into errors in interpretation and application of less hours Ann Mills Griffiths, the Na- the Medicare system. the Medicare home health care benefit. tional League of Families’ Executive Mr. President, the vast majority of 3. Medicare coverage and reimbursement Director, and JoAnne Shirley, Chair- health care professionals are dedicated standards in language that is understandable woman of the League’s Board and a fel- and caring individuals who deliver and readily accessible to providers and con- low Georgian, have spent fighting for vital services to millions of Americans sumers through various means, e.g. federal the return of American POW’s and across the country. They are as ap- depository libraries, state regulatory agen- MIA’s. cies, trade associations, fiscal inter- The National League of Families of palled by this kind of fraud as any of mediaries, and the Internet. us. 4. Enhancement of education and training American Prisoners and Missing in Recently, I met with the members of of home health agencies through joint efforts Southeast Asia was incorporated in the the Home Care Alliance of Maine con- with regulators. District of Columbia on May 28, 1970.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S717 Voting membership is comprised solely member states. Mrs. Hoff found Mr. issue. In administering the Leagues’ af- of the wives, children, parents and Rivkees very sympathetic to the POW/ fairs, Mrs. Griffiths supervises League other close relatives of Americans who MIA issue, and he along with Annin’s operations, manages a successful di- were or are listed as prisoners of war, advertising agency, designed a flag to rect-mail program and plans the missing in action, killed in action/body represent our missing men. Following League’s yearly convention that in- not recovered and returned Vietnam the National League’s approval, the cludes the highest levels of the U.S. War U.S. POWs. Associate membership flags were manufactured for distribu- Government. With the assistance of is comprised of extended relation of tion. On March 9, 1989, a flag which their staff and volunteer state and re- POW/MIAs who do not meet voting flew over the White House on the 1988 gional officials, Mrs. Griffiths also co- membership requirements and con- National POW/MIA Recognition Day, ordinates a nation-wide awareness pro- cerned citizens. The League is a non- was installed in the U.S. Capitol Ro- gram on the issue. profit, non-partisan organization fi- tunda, as a result of legislation passed Mrs. JoAnne Shirley has been serving nanced by contributions from the fami- overwhelmingly during the 100th Con- as Chairman of the Board of Directors lies, veterans and concerned citizens. gress. On August 10, 1990, the 101st Con- since June 1995. Her brother, Maj. The League’s sole purpose is to obtain gress passed U.S. Public Law 101–355, Bobby Marvin Jones, M.D., USAF the release of all prisoners, the fullest which recognized the National Flight Surgeon, was shot down Novem- possible accounting for the missing and League’s POW/MIA flag and designated ber 28, 1972, near DaNang, South Viet- repatriation of all recoverable remains it ‘‘as the symbol of our Nation’s con- nam. of those who died serving our nation cern and commitment to resolving as Mrs. Shirley is married to Dr. Rudy during the Vietnam War. fully as possible the fates of Americans Shirley, MS., and ENT doctor, and they The League originated on the west still prisoner, missing and unaccounted reside in Dalton, Georgia, with their coast in the late 1960’s. The wife of a for in Southeast Asia, thus ending the three children Bobby, Rhett and ranking POW who believed that the uncertainty for their families and the Chrissie. She served on the School U.S. Government’s policy of keeping a Nation.’’ This POW/MIA flag is now Board for 10 years, and has been a vol- low profile on the POW/MIA issue and recognized world wide, by all con- unteer in many community, county encouraging the families to refrain cerned, as the universal symbol of the and state sponsored projects. from publicly discussing the problem ‘‘UNACCOUNTED FOR’’. Mrs. Shirley co-founded the Georgia was unjustified, initiated a loosely or- Mrs. Ann Mills Griffiths serves as Ex- Committee for POW/MIA, Inc in the ganized movement which evolved into ecutive Director of the National 1980s and served as Georgia State Coor- the National League of Families. League of POW/MIA Families, a posi- dinator for the National League of In October 1968, the first POW/MIA tion held since August, 1978. Mrs. Grif- Families from 1983–1993. She served as story was published. As a result of that fiths’ brother, Lt. Commander James Secretary of the National League of publicity, the families began commu- B. Mills, USNR, has been missing since 1993–94, and then as Vice-Chairman nicating with each other, and the September 21, 1966, when the Navy F4C from 1994–95. In 1997, Mrs. Shirley, by group grew in strength from 50 to 100 to on which he served as a Radar Inter- herself, raised $15,000 to fund her and 300 and upward. Small POW/MIA family cept Officer was lost on a night mission Mrs. Griffiths’ trip to Southeast Asia. groups flooded the North Vietnamese over North Vietnam. Mr. President, these two women who delegation in Paris with inquiries re- Prior to assuming her position as ex- are wives, mothers, and involved citi- garding the prisoners and missing; the ecutive director, Mrs. Griffiths was an zens have spent countless hours, money first major activity in which hundreds elected member of the League’s board and resources keeping accountability of families participated. of directors for four years, serving as alive. Nothing strikes a louder chord Eventually, the necessity for formal legislative chairman. During its exist- with Americans than the thought of incorporation was recognized. In May ence from 1980 through 1992, she played our soldiers in the hands of our coun- 1970, a special AD HOC meeting of the an active role in the U.S. Government’s try’s enemies. It is important that we families met at Constitution Hall in POW/MIA Interagency Group, rep- recognize the work of organizations Washington, D.C. During this meeting resenting the families’ views in devel- such as the National League of Fami- the League’s charter and by-laws were opment of official policy to resolve this lies and of people such as Ann Mills adopted. humanitarian issue. Griffiths and JoAnne Shirley who have A seven-member board of directors Mrs. Griffiths has traveled exten- worked hard to ensure we do not forget meets regularly to determine League sively for discussion with senior offi- those soldiers who were left behind. policy and direction. The board is cials of Laos, Cambodia, and Vietnam, Mr. SMITH of New Hampshire. Mr. elected by the voting membership as well as the countries of ASEAN. She President, I am pleased to be an origi- which now stands at approximately was instrumental in facilitating high nal cosponsor of the Senate Resolution 1,000. Regional coordinators, respon- level negotiations between Vietnam which recognizes the 25th anniversary sible for activities in multi-state areas, and the United States in 1983 and par- of the return of 591 American POWs and state coordinators also represent ticipated in fourteen U.S. Government from communist Vietnam in February the League in most of the fifty states. policy-level POW/MIA delegations to and March, 1973, and reaffirms our na- The League’s national office is now Hanoi since 1982, plus two League dele- tional commitment to seek answers staffed by only one full-time employee, gations in 1982 and 1994. about missing Americans from the augmented by concerned citizen and Acknowledged as an expert on the Vietnam War. family member volunteers. The execu- POW/MIA issue, Mrs. Griffiths regu- I have been privileged through the tive director, the sister of a soldier larly meets with senior administration years to come to know many of the MIA and the organization’s chief exec- officials and members of congress, ap- Americans POWs held for so many utive officer, is responsible for manage- pears before congressional committees, years by the Communist side and fi- ment of the League and Implementa- addresses national and international nally released in 1973. This includes he- tion of policies established by the audiences, participates in appropriate roes in the Congress like Representa- membership and board of directors. policy seminars, publishes articles and tive SAM JOHNSON of Texas, and Sen- In 1971, Mrs. Michael Hoff, an MIA newsletters, and is a frequent spokes- ator JOHN MCCAIN of Arizona, and wife and member of the National woman on network and cable television other heroes like Admiral James League, recognized the need for a sym- programs. Stockdale, Ambassador Pete Peterson, bol representing our POW/MIAs. Within policy established by the Red McDaniel, Orson Swindle, Ted Prompted by an article in the Jackson- membership and elected board of direc- Guy, Giles Norrington, and Mike ville, FL Times-Union, Mrs. Hoff con- tors, Mrs. Griffiths has been instru- Benge, to name a few. tacted Norman Rivkees, VP of Annin & mental in building the League from a Today marks the 25th anniversary of Company, which had made a banner for small POW/MIA family group into a na- the return of the first group of Amer- the newest member of the UN, the Peo- tionally recognized, non-profit organi- ican POWs from Hanoi during what was ple’s Republic of China, as a part of zation that influences U.S. policy to re- known as Operation Homecoming. This their policy to provide flags to all UN solve the humanitarian POW/MIA first group included Congressman SAM

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S718 CONGRESSIONAL RECORD — SENATE February 12, 1998 JOHNSON, someone who I have been still to do, and I appreciate that this Of course, today marks the 25th anni- honored to work closely with through resolution before us today recognizes versary of the return of the first POWs the years to obtain answers about that fact. from North Vietnam. Following the those still missing from the war. Sev- I yield the floor. signing of the peace accords, 591 United eral other groups of POWs were re- Mr. COVERDELL. Mr. President, I States prisoners of war were released. leased later in February, 1973, and want to take a special moment here to The operation was dubbed ‘‘Operation throughout March, 1973, with the last thank my colleague from Georgia, a Homecoming.’’ Today, as was noted in American acknowledged by Hanoi to be cosponsor of this resolution and him- the resolution, there are still 2,000 a POW being returned on April 1st. self a veteran of the Vietnam war; Sen- members of our Armed Forces who re- A few years ago, one of these re- ator SMITH of New Hampshire; Senator main unaccounted for from the Viet- turned POWs I mentioned earlier, Cap- LOTT, the majority leader; and Senator nam conflict. tain McDaniel, wrote a book about his HAGEL, a Vietnam veteran from Ne- This resolution recognizes that de- experience as a POW entitled ‘‘Scars braska. I am especially delighted to be spite the brutal mistreatment these and Stripes.’’ joined by Senator CLELAND who, as I prisoners received, they nevertheless I want to quote just a small passage said, is himself a testament to the devised a means to communicate with from that book which describes the courage and sacrifice made by so many one another, to support one another by feelings of the POWs as they were men and women in American uniform a code transmitted by tapping on the being led from their prisons to the air- during the Vietnam conflict. wall. The resolution refers to Com- port in Hanoi for repatriation. The resolution also directs itself to mander James B. Stockdale, U.S. ‘‘I saw a familiar C–141 aircraft wait- two of our colleagues who were them- Navy, who upon his capture on Sep- ing for us on the field. At that mo- selves long-held prisoners of war, Con- tember 9, 1965, became the senior pris- ment, something broke inside me and gressman SAM JOHNSON, who is specifi- oner of war officer in what became the tears came easily. Somehow I had cally noted in the resolution, and our dubbed the ‘‘Hanoi Hilton.’’ He deliv- managed to restrict my tears to those own Senator JOHN MCCAIN of Arizona. ered the following message to his men rare times, in the nights under my Senator MCCAIN and I have known to sustain their morale: ‘‘Remember, mosquito net, when Hanoi Radio had each other for some extended period of you are Americans. With faith in God, gotten to me and I was down. But here, time and I have always marveled at trust in one another, and devotion to seeing that airplane waiting, I just let what he endured and, I might add, that your country, you will overcome, you go, because I suddenly realized that my it was almost a double endurance. will triumph.’’ country had not let me down. And that What I mean is that the North Viet- This resolution resolves that the great Scripture came to me, the Lord’s namese, recognizing that he was the Senate expresses its gratitude for and words: I will never leave thee, nor for- son of a U.S. Navy admiral, tried to calls upon all Americans to reflect sake thee. break him away from his colleagues upon and show their gratitude for the Even as God had stayed at my side through and send him home. He made the courage and sacrifice of the brave men all that time and taught me the things that choice not to accept, not to accept this who were held prisoners of war during were to change my life completely about His unique tension in deference to his col- the Vietnam conflict, particularly on reality and His presence in suffering, some- leagues, his father and the Navy. how that American plane socked home some the occasion of this, the 25th anniver- I was reminded earlier today that sary of Operation Homecoming, their of the things that made America and God when these veterans were returned and great. return from captivity. It also resolves Then I was on that airplane, and pandemo- disembarked from the aircraft—of that the Senate, indeed America, will nium broke lose. As those wheels lifted off, course we all remember the scenes of not, must not, forget the more than the cheers shook the plane. And when the them kneeling down and kissing the 2,000 members of the United States plane crossed over water on the way south, ground—but then to stand up and Armed Forces that remain unac- we all shouted, ‘‘Feet wet!’’—we were no thank America for the privilege to longer over North Vietnam. Those mouths counted for in the Vietnam conflict, have served her. It was an incredible and that the Senate will continue to opened in a wild cheer—some with teeth act of courage, an act of care and love, missing, some with faces showing physical press for the fullest possible account- and emotional scars, some who cried while of the country whose uniforms they ing for such members. they cheered. No matter what anyone would had worn. Mr. President, again, I thank my col- say in the future about Vietnam, somehow Interestingly enough, unbeknownst league from Georgia, Senator CLELAND, we had won a little piece of something that to me just earlier, I was with a young for his cosponsorship, more impor- no man would take away from us. man who said but for the brief chance tantly for his service, his long service, Mr. President, what true patriots of fate he would have been a pilot in Senator SMITH, Senator LOTT and Sen- these men were. How fitting that we Vietnam. This was just moments ago ator HAGEL of Nebraska. honor them today with this Senate res- and he was here when these POW’s re- In closing I simply say on behalf of olution commemorating the 25th anni- turned, and he had a chance to be all Americans, this American says to versary of their release. among them. At that time he was all who served under such difficult cir- With this resolution, we also call at- about 33, which was the age of many of cumstances, a grateful Nation says tention to the important last mission these POW’s, the difference being, of thank you. of the war which is still unresolved— course, that he still looked 33 and they Mr. COVERDELL. Mr. President, I the mission to obtain the fullest pos- looked 50 or older because of what they ask unanimous consent the resolution sible accounting for those whose had endured. He was reminded about be agreed to, the preamble be agreed whereabouts and fate are still un- how moving the moment was to see to, the motion to reconsider be laid known. Our thoughts go out to the these Americans who had returned, upon the table, and that any state- families of those missing men, and we who had endured so much, who had be- ments relating to the resolution appear reaffirm our national commitment to come the epitome of courage and perse- at the appropriate place in the RECORD. learning the truth so we can remove verance. He says whenever he is re- The PRESIDING OFFICER. Without the uncertainty these families face. minded of it, it still sends chills down objection, it is so ordered. I have been personally involved with his back. How much we owe these men The resolution (S. Res. 177) was searching for answers on the POW/MIA and women. It is important that we re- agreed to. issue, as my colleagues know, for sev- member. The preamble was agreed to. eral years now. I want to take this op- Whenever a nation embarks on some- The resolution, with its preamble, is portunity today to again call on the thing like this—and perhaps it is as follows: Governments in Southeast Asia, North uniquely important that we are re- S. RES. 177 Korea, China, Russia, and the former membering, considering the discus- Whereas participation by the United Eastern bloc to do more to open up sions that are underway here this very States Armed Forces in combat operations their archives and make key witnesses week, discussing the eve of a major in Southeast Asia during the period from available so we may advance the ac- conflict—we remember what these men 1964 through 1972 resulted in several hun- counting effort. There is much work and women did for America. dreds of members of the United States

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S719 Armed Forces being taken prisoner by North States and, indeed, in the entire United When viewed in light of its statutory author- Vietnamese, Pathet Lao, and Viet Cong States: the Federal Section 404 ‘‘wet- ity, (the regulation), which defines ‘waters of enemy forces; lands’’ permit program. This program the United States’ to include intrastate Whereas the first such United States serv- has its roots in Section 404 of the Clean waters that need have nothing to do with iceman taken as a prisoner of war, Navy Lt. navigable or interstate waters, expands the Commander Everett Alvarez, was captured Water Act, but has been designed pri- statutory phrase ‘waters of the United on August 5, 1964; marily by the Federal courts and the States’ beyond its definable limit. Whereas following the Paris Peace Accords Federal agencies, the Environmental Accordingly, we believe that in promul- of January 1973, 591 United States prisoners Protection Agency and the U.S. Army gating (the regulation), the Army Corps of of war were released from captivity by North Corps of Engineers, and not by the Engineers exceeded its congressional author- Vietnam; elected officials of this Nation. ization under the Clean Water Act, and that, Whereas the return of these prisoners of Twenty years have passed since the for this reason, (the regulation) is invalid. war to United States control and to their Congress of the United States has ad- At long last, this case begins to limit families and comrades was designated Oper- dressed this program legislatively. Cur- the reach of the bureaucracy onto pri- ation Homecoming; vately owned property under this pro- Whereas many members of the United rently, a Federal appellate court deci- States Armed Forces who were taken pris- sion, two pending appellate court cases gram. oner as a result of ground or aerial combat and a new proposed rulemaking by the A second area of controversy is a reg- in Southeast Asia have not returned to their Corps of Engineers are stirring up con- ulation issued by the Clinton Adminis- loved ones and their whereabouts remain un- troversy about this program. No one tration in September, 1993, that broad- known; should be surprised. This program is ly expanded the definition of activities Whereas United States prisoners of war in held together by baling wire and string that are regulated under the Section Southeast Asia were routinely subjected to and pieces are beginning to fall off all 404 program. As many of you know, brutal mistreatment, including beatings, this permit problem was never designed torture, starvation, and denial of medical at- over the place. tention; I encourage the Senate Environment to be a wetlands permit program, but Whereas United States prisoners of war in and Public Works Committee to bring rather evolved in that direction Southeast Asia were held in a number of fa- to the full Senate legislation that through judicial rulings and agency in- cilities, the most notorious of which was Hoa makes meaningful, common sense terpretations. The activities in ‘‘wet- Loa Prison in downtown Hanoi, dubbed the changes to the Section 404 permit pro- lands’’ that are regulated under Sec- ‘‘Hanoi Hilton’’ by the prisoners held there; gram. Review of this program is long tion 404 of the Clean Water Act are the Whereas the hundreds of United States overdue. Mr. President, I hope that this ‘‘discharge of dredged and fill mate- prisoners or war held in the Hanoi Hilton and rial’’ into the ‘‘navigable waters’’. On other facilities persevered under terrible Congress can take meaningful action conditions; on the Section 404 program in 1998. the face of it, the statute does not Whereas the prisoners were frequently iso- One basic controversy about this pro- cover other activities that could de- lated from each other and prohibited from gram is the issue of the areas that are grade wetlands, such as ‘‘draining’’ or speaking to each other; regulated as wetlands. The Federal ‘‘excavating’’ wetlands. Obviously, if Whereas the prisoners nevertheless, at agencies have interpreted their juris- we are going to have a wetlands regu- great personal risk, devised a means to com- diction to extend to the farthest latory program and protect valuable municate with each other through a code reaches of the Commerce Clause, and, I wetlands, the program needs to cover transmitted by tapping on cell walls; think, even beyond, including those ‘‘drainage’’ and ‘‘excavation.’’ Whereas then-Commander James B. In September 1993, the Clinton Ad- Stockdale, United States Navy, who upon his isolated areas that merely ‘‘could af- capture on September 9, 1965, became the fect’’ interstate commerce. Specifi- ministration issued a rulemaking that senior POW officer present in the Hanoi Hil- cally, to some agencies this means expanded coverage of the Section 404 ton, delivered to his men a message that was those areas where a migratory bird program to include activities like to sustain them during their ordeal, as fol- ‘‘could’’ land. To make this grab for ju- drainage and excavation. Many of us lows: Remember, you are Americans. With risdiction worse, according to the U.S. noted that this might be good public faith in God, trust in one another, and devo- Fish and Wildlife Service, 75 percent of policy, but this expansion exceeded the tion to your country, you will overcome. all Section 404 regulated areas are on statute, and legislation would be nec- You will triumph.; essary to expand the program to cover Whereas the men held as prisoners of war privately owned property! during the Vietnam conflict truly represent On December 23, in Wilson v. United these activities. all that is best about America; States Corps of Engineers, the United On January 23, 1997, a Federal dis- Whereas two of these patriots, Congress- States Court of Appeals for the Fourth trict court in the District of Columbia man Sam Johnson, of Texas, and Senator Circuit overturned the criminal convic- struck down this regulation, called the John McCain, of Arizona, have continued to tions of an individual, a corporation Tulloch rule, as exceeding the statu- honor the Nation with devoted service; and and a partnership for violating the Sec- tory authority of the Clean Water Act. Whereas the Nation owes a debt of grati- tion 404 program in Charles County, On January 9, 1998, the United States tude to all of these patriots for their courage Court of Appeals for the District of Co- and exemplary service: Now, therefore, be it Maryland. The individual had been sen- Resolved, That the Senate— tenced to 21 months in jail and the lumbia Circuit heard oral arguments in (1) expresses its gratitude for, and calls three defendants had been fined a total this case. The Federal government had upon all Americans to reflect upon and show of $4 million. The Fourth Circuit over- a rough day in court. I am told that the their gratitude for, the courage and sacrifice turned the convictions and remanded judges suggested that the agency inter- of the brave men who were held as prisoners the case to the district court, finding pretation of the jurisdictional reach of of war during the Vietnam conflict, particu- that only those areas that are either the Section 404 program went as far as larly on the occasion of the 25th anniversary connected on the surface to navigable ‘‘land that might be wet someday’’. of Operation Homecoming, their return from One of the appellate judges asked the captivity; and waters or are proven to be in interstate (2) acting on behalf of all Americans— commerce could be regulated under the government attorney whether riding a (A) will not forget that more than 2,000 Section 404 program. Specifically, the bike through a wetland, where dirt ac- members of the United States Armed Forces court held that: cumulated on the tires and then fell off remain unaccounted for from the Vietnam Absent a clear indication to the contrary, into the wetland during riding, would conflict; and we should not lightly presume that merely be an activity regulated under the Sec- (B) will continue to press for the fullest by defining ‘navigable waters’ as ‘the waters tion 404 program. The government at- possible accounting for such members. of the United States’, Congress authorized torney answered yes, but the regula- f the Army Corps of Engineers to assert its ju- tion was not aimed at this activity. risdiction in such a sweeping and constitu- The judge answered correctly, ‘‘Not THE FEDERAL WETLANDS PERMIT tionally troubling manner. Even as a matter yet!’’ PROGRAM of statutory construction, one would expect This brings me to a recent Corps that the phrase ‘waters of the United States’, Mr. LOTT. Mr. President, I want to when used to define the phrase ‘navigable judgment on Nationwide Permit 26 call attention to a Federal permit pro- waters’ refers to waters which, if not navi- that was attacked on the front page of gram that is causing problems in Mis- gable in fact, are at least interstate or close- the Washington Post on Saturday, Jan- sissippi, in the Southeastern United ly related to navigable or interstate waters. uary 31st.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S720 CONGRESSIONAL RECORD — SENATE February 12, 1998 With the Corps and the EPA inter- In May, 1990, the Commission filed its the Section 404 program to cover these preting almost every activity as one report, which was submitted to Con- activities might be very good public covered by the Section 404 program, gress over the signature of the current policy, but the current statute does not the Corps has adopted a series of Na- President. That report specifically ad- cover these activities. Legislation ex- tionwide Permits that cover routine dressed the problems of Federal wet- panding the program will be needed. In activities and prevent the necessity of lands regulation, stating: its successful attempt to obtain a stay proceeding through the costly and The national wetlands policy has caused of the lower court decision, the Federal time-consuming normal permitting significant problems for agriculture, aqua- government filed documents sug- process. One of these permits, Nation- culture and commercial and industrial devel- gesting that the failure to regulate wide Permit 26, which covers certain opment. ‘‘drainage’’ and ‘‘excavation’’ would be areas up to 3 acres in size, is scheduled * * * * * an environmental catastrophe. Thus, if to expire in December 1998. The Corps Current definitions do not adequately dif- the Court of Appeals upholds the lower is developing a series of ‘‘replacement ferentiate the quality of wetlands. court decision, legislation will be nec- permits’’. These ‘‘carve outs’’ are es- * * * * * essary to cover these activities. sential if the Corps is to be able to Current interpretations of the national My colleague from Louisiana and I manage this program without enor- wetlands policy have placed major limita- have released a series of proposals in a mous delays in permit processing tions on the Delta’s economy because com- ‘‘discussion draft’’ to encourage discus- times. This is particularly true as the mercial and industrial development is being sion of these difficult issues. One pro- bureaucracy continually expands the impaired. (all quotes from page 80 of the re- posal in the draft would expand the ac- port) types of activities that are regulated tivity regulated under Section 404 to under the Section 404 program. Yet, The report then made a number of include ‘‘drainage’’ and ‘‘execution.’’ some interest groups are attempting to recommendations, including these two This draft signals our commitment to pressure the Administration to reject from page 81 of the report: engage in a constructive process with these replacement permits. If they are Congress should direct appropriate federal all parties to develop legislation that successful, I am convinced that the agencies to establish minimum-sized wet- will stabilize the Section 404 program, lands for regulation. program will fall into disarray, expand the program to cover activities prompting calls not only for the reform * * * * * that are destructive to wetlands and of the current program, but the repeal Congress should assign the responsibility make a number of common sense of the whole thing. We will all have to for identification and maintenance of a wet- changes to the program that will make keep an eye on this development. lands inventory to one agency, and require consultation with other affected agencies. it more acceptable to private land- Finally, a case is pending in the owners on whose property 75% of these United States Court of Appeals for the Mr. President, the President of the regulated areas are located. Ninth Circuit styled Resource Invest- United States seems to have forgotten Senator BREAUX and I released our ments, Inc. v. U.S. Army Corps of Engi- what he learned as chair of the Lower discussion draft last summer. Time is neers. In this case, the Corps used its Mississippi River Delta Development growing short in this session of Con- Section 404 regulations to overturn the Commission. The current Federal Sec- gress, yet there is still time to act if judgment of a county government in a tion 404 permitting program regulates there is a willingness of the various public bid process regarding the loca- all wetlands regardless of size and is stakeholders to negotiate construc- tion of a new solid waste disposal facil- administered by two Federal agencies: ity. I can assure you that it is not this tively and the will for us to legislate. I the Corps of Engineers and the EPA. believe that I speak for my colleague Senator’s view that the mission of the The President was correct with respect Army Corps of Engineers is to make from Louisiana when I pledge our co- to these recommendations in 1990, but operation in any reasonable process to judgments that historically have been now that he is in a position to act, within the purview of local elected offi- develop Section 404 improvement legis- nothing has happened. I would hope lation that will earn the support of a cials. that the President of the United States Mr. President, this is just a quick majority of our colleagues and will be would submit at least these meaningful good both for the environment and the survey of some of the judgments that changes to Congress for our consider- are being made by Federal agencies regulated community. ation in 1998. Mr. President, I agree with the Ma- and Federal courts regarding the Sec- Mr. BOND. Mr. President, I share the tion 404 program. These judgments jority Leader. Twenty years without concerns of the Majority Leader re- sometimes expand and sometimes nar- legislative attention is long enough for garding the shortcomings of the Sec- row this program. What is missing— the Section 404 program. The time has tion 404 program. In light of the recent and has been missing for 20 years—is arrived to tackle this difficult issue. and pending court cases, as well as the the judgment of elected officials about ongoing controversy over the scheduled fundamental aspects of this regulatory f program that defy common sense and demise in December of Nation Wide so often intrude on privately owned Permit 26, I agree strongly that Con- gress must address the Section 404 pro- NOTICE OF ADOPTION OF property, local economic activities and AMENDMENTS governmental infrastructure decisions. gram legislatively. We should not con- It is long-past time for the committee tinue to let the program bob and weave Mr. THURMOND. Mr. President, pur- of jurisdiction over this program to and stray in response to interpreta- suant to Section 303 of the Congres- bring forth legislation that proposes tions or policy preferences of each suc- sional Accountability Act of 1995 (2 meaningful and responsible adjust- cessive court decision or agency ac- U.S.C. sec. 1383), a Notice of Adoption ments to this awful program. tion. The law is unpredictable and it is of Amendments was submitted by the By the way, Mr. President, I should not fair to the agencies administering Office of Compliance, U.S. Congress. add one more thing. The current Presi- the law or the landowners impacted by This notice contains amendments to dent of the United States, when he was the law. Procedural Rules of the Office of Com- the Governor of Arkansas, chaired the Based on accounts of the oral argu- pliance to cover the General Account- Lower Mississippi River Delta Develop- ments in the United States Court of ing Office and the Library of Congress ment Commission. The statutory Appeals for the District of Columbia under various sections of the Congres- charge of this Commission was to Circuit, and subsequent conversations sional Accountability Act. study the seven-state Lower Mis- my staff has had with various officials, Section 304 requires this notice and sissippi River Delta region and to de- it appears very possible that the lower the amendments to be printed in the velop a ten-year regional economic de- court decision on the ‘‘Tulloch’’ rule CONGRESSIONAL RECORD, therefore I ask velopment plan. This is a particularly will be upheld. The ‘‘Tulloch’’ rule ex- unanimous consent that the Notice and troubled region economically. Both my tends regulation under the Section 404 Amendments be printed in the RECORD. state of Mississippi and the President’s program to activities like ‘‘drainage’’ There being no objection, the mate- state of Arkansas contain portions of and ‘‘excavation’’ that harm wetlands. rial was ordered to be printed in the the Lower Mississippi River Delta. The lower court held that expanding RECORD, as follows:

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OFFICE OF COMPLIANCE—THE CONGRESSIONAL the CAA. The study was transmitted to Con- ceedings under section 215(c), as described ACCOUNTABILITY ACT OF 1995: AMENDMENTS gress on December 30, 1996, and sections 204– above, and the Library itself has exercised TO PROCEDURAL RULES 206 and 215 therefore went into effect at GAO its right to be involved in the Office’s rule- NOTICE OF ADOPTION OF AMENDMENTS and the Library on December 30, 1997. making proceedings. Summary: The Executive Director of the Of- The purpose of the NPRM was to extend The Library further notes that the sub- fice of Compliance (‘‘Office’’), with the ap- the Procedural Rules of the Office to cover stantive regulations adopted by the Board to proval of the Board of Directors (‘‘Board’’), GAO and the Library and their employees for implement section 215 have not yet been ap- having considered comments received in re- purposes of any proceedings in which GAO or proved by the House and Senate pursuant to sponse to the Notice of Proposed Rule- the Library or their employees may be in- section 304 of the CAA and argues: ‘‘Since all OSHA regulations must follow the proce- making (‘‘NPRM’’) published on October 1, volved. To accomplish this, the NPRM pro- dures for adopting substantive rules under 1997, 143 Cong. Rec. S10291 (daily ed. Oct. 1, posed to cover GAO and the Library and section 304 of the Act, including approval by 1997), has amended the Procedural Rules of their employees in four respects: (1) Sections 401–408 of the CAA establish administrative Congress, it would seem more appropriate to the Office of Compliance to cover the Gen- and judicial procedures for considering al- delete the reference to the coverage of the eral Accounting Office (‘‘GAO’’) and the Li- leged violations of part A of Title II of the Library for purposes of section 215 of the brary of Congress (‘‘Library’’) and their em- CAA, which includes sections 204–206, and the CAA, in order to avoid confusion over the ef- ployees under the rules governing: (1) pro- NPRM proposed to extend the Procedural fect of possible Congressional approval of ceedings involving Occupational Safety and Rules to include GAO and the Library and these proposed rules but not the underlying Health inspections, citations, and variances their employees for the purpose of resolving provisions applying to OSHA procedures.’’ under section 215 of the Congressional Ac- any allegation of a violation of sections 204– However, the Library’s assumption that ‘‘all countability Act of 1995 (‘‘CAA’’), and (2) ex 206. (2) Section 207 prohibits employing of- OSHA regulations,’’ including provisions of parte communications. fices from intimidating or taking reprisal the Procedural Rules describing the Office’s The NPRM also proposed to extend the against any covered employee for exercising procedures under section 215, are subject to Procedural Rules to cover GAO and the Li- rights under the CAA, and the NPRM pro- Congressional approval is incorrect. Congres- brary and their employees for purposes of posed to extend the Procedural Rules to in- sional approval under section 304 is required processing allegations of violation of sec- clude GAO and the Library and their em- only for the regulations adopted by the tions 204–206 of the CAA, which apply rights ployees for the purpose of resolving any alle- Board under section 215(d) of the CAA, which and protections of the Employee Polygraph gation of intimidation or reprisal prohibited must generally be the same as the sub- Protection Act of 1988 (‘‘EPPA’’), the Worker under section 207. (3) Section 215 specifies the stantive regulations promulgated by the Sec- Adjustment and Retraining Notification Act procedures by which the Office conducts in- retary of Labor to implement section 5 of the (‘‘WARN Act’’), and the Uniformed Services spections, issues citations, grants variances, OSHAct. The Board adopted such regulations Employment and Reemployment Rights Act and otherwise enforces section 215, and the for employing offices other than GAO and of 1994 (‘‘USERRA’’), and of section 207 of the NPRM proposed to extend the Procedural the Library and submitted the regulations to CAA, which prohibits employing offices from Rules to cover GAO and the Library and Congress for approval under section 304, see intimidating or taking reprisal against cov- their employees for purposes of proceedings 143 CONG. REC. S61 (daily ed. Jan. 7, 1997), and ered employees for exercising rights under involving section 215. (4) Section 9.04 of the recently amended those regulations to cover the CAA. However, by a recently published Procedural Rules governs ex parte commu- GAO and the Library and submitted the Supplementary Notice of Proposed Rule- nications, and the NPRM proposed to extend amendments to Congress for approval, see making, 143 Cong. Rec. S86 (daily ed. Jan. 28, the Procedural Rules to cover these instru- 143 CONG. REC. S11663 (daily ed. Nov. 4, 1997). 1998), the Office is requesting further com- mentalities and employees for purposes of However, the Procedural Rules, including ment on whether the Procedural Rules section 9.04. provisions describing the Office’s procedures should be extended to cover GAO and the Li- In the only comment received in response under section 215 of the CAA, were adopted brary with respect to alleged violations of to the NPRM, the Library argued that ‘‘Con- under section 303 of the CAA, which author- sections 204–207, and no final action will be gress expressly excluded the Library and izes the Executive Director, subject to the taken on this question until the comments other instrumentalities of Congress from the approval of the Board, to adopt rules gov- have been received and considered. application of Titles I, III, IV and V of the erning the procedures of the Office. See 143 Availability of comments for public review: CAA,’’ which include the administrative and CONG. REC. H1879, H1879–80 (daily ed. Apr. 24, Copies of comments received by the Office in judicial procedures established in sections 1997). The amendments in this Notice are response to the NPRM are available for pub- 401–408. (The Office of Compliance has made likewise adopted under section 303, so the Li- lic review at the Law Library Reading Room, the Library’s entire submission available for brary’s expressed concern is unfounded. Room LM–201, Law Library of Congress, public review in the Law Library Reading Finally, although no comments were re- James Madison Memorial Building, Wash- Room of the Law Library of Congress, at the ceived regarding the specific language of the ington, D.C., Monday through Friday, be- address and times stated at the beginning of proposed amendments to the rules, the final tween the hours of 9:30 a.m. and 4:00 p.m. this Notice.) As to whether GAO and the Li- adopted rules differ slightly from the text of For further information contact: Executive brary and their employees are covered by the the proposed amendments. The preamble to Director, Office of Compliance, at (202) 724– procedures mandated by sections 401–408 the NPRM explained that the purpose of the 9250 (voice), (202) 426–1912 (TTY). This notice when a violation of sections 204–207 is al- rulemaking was to cover GAO and the Li- will also be made available in large print or leged, the Library’s comments raise issues of brary and their employees ‘‘for purposes of braille or on computer disk upon request to statutory construction upon which the Office any proceedings in which GAO and the Li- the Office of Compliance. seeks further comment. To solicit such com- brary or their employees may be involved as SUPPLEMENTARY INFORMATION ments, the Office recently published a Sup- employing offices or covered employees,’’ The Congressional Accountability Act of plementary Notice of Proposed Rulemaking, and, with respect to section 215, the pre- 1995 (‘‘CAA’’ or the ‘‘Act’’), Pub. L. 104–1, 2 143 Cong. Rec. S86 (daily ed. Jan. 28, 1998), amble stated that GAO and the Library U.S.C. §§ 1301–1438, applies the rights and pro- and will make no decision as to whether the would be covered ‘‘for the purposes of pro- tections of eleven labor, employment, and Procedural Rules will be amended to cover ceedings involving section[] . . . 215 of the public access laws to certain defined ‘‘cov- GAO and the Library and their employees for CAA . . . .’’ 143 CONG. REC. S10291, S10292 col. ered employees’’ and ‘‘employing offices’’ in purposes of resolving allegations of viola- 1 (daily ed. Oct. 1, 1997). However, the pro- the Legislative Branch. The CAA expressly tions of sections 204–207 until after the com- posed rules in the NPRM described specific includes GAO and the Library and their em- ments are received and considered. kinds of proceedings under section 215, i.e., ployees within the definitions of ‘‘covered The issues of statutory construction raised enforcement of inspection and citation pro- employees’’ and ‘‘employing offices’’ for pur- by the Library’s comments are not perti- visions of the CAA and the granting of poses of four sections of the Act: (a) section nent, however, to proceedings under section variances, and stated that GAO and the Li- 204, making applicable the rights and protec- 215 and to rules regarding ex parte commu- brary would be covered for purposes of those tions of the Employee Polygraph Protection nications. The procedures under section 215 specific proceedings. Id. at S10292 col. 2. To Act of 1988 (‘‘EPPA’’); (b) section 205, making expressly cover GAO and the Library and avoid any confusion, the final rules have applicable the rights and protections of the their employees because section 215(a)(2)(C)– been simplified and revised to make clear Worker Adjustment and Retraining Notifica- (D) explicitly includes these instrumental- that they cover GAO and the Library for pur- tion Act (‘‘WARN Act’’); (c) section 206, mak- ities and employees within the definitions of poses of ‘‘[a]ny proceeding under section ing applicable the rights and protections of ‘‘employing office’’ and ‘‘covered employee’’ 215.’’ Section 1.02(q)(1) of the Procedural section 2 of the Uniformed Services Employ- for purposes of applying the OSHAct ‘‘under Rules, as amended by this Notice. ment and Reemployment Rights Act of 1994 this section [215].’’ As to ex parte commu- Signed at Washington, D.C., on this 9th (‘‘USERRA’’); and (d) section 215, making ap- nications, section 9.04 of the Procedural day of February, 1998. plicable the rights and protections of the Oc- Rules includes within its coverage any cov- RICKY SILBERMAN, cupational Safety and Health Act of 1970 ered employee and employing office ‘‘who is Executive Director, Office of Compliance. (‘‘OSHAct’’). These four sections go into ef- or may reasonably be expected to be involved The Executive Director of the Office of fect by their own terms with respect to GAO in a proceeding or rulemaking.’’ The CAA ex- Compliance hereby amends section 1.02 of and the Library one year after transmission plicitly authorizes GAO and the Library and the Procedural Rules of the Office of Compli- to Congress of the study under section 230 of their employees to be involved in pro- ance by revising paragraphs (b) and (h) and

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S722 CONGRESSIONAL RECORD — SENATE February 12, 1998 by adding at the end of the section a new on the ability of the Bosnians, working Mr. President, I believe that even the paragraph (q) to read as follows: with the international community, to most skeptical observer has to admit ‘‘§ 1.02 Definitions. create a self-sustaining, peaceful, that the situation in Bosnia has im- ‘‘Except as otherwise specifically provided democratic system in their country. proved greatly since Dayton, and with in these rules, for purposes of this Part: Failure to achieve this goal would in- an increased tempo in the last nine * * * * * evitably restart the violence that pro- months. ‘‘(b) Covered employee. The term ‘covered duced the worst bloodletting in Europe Thanks to our magnificent troops in employee’ means any employee of: since World War II, and would almost IFOR and SFOR and those of allied and ‘‘(1) the House of Representatives; certainly ignite the ethnic tinderbox partner countries, a stable military en- ‘‘(2) the Senate; that is smoldering in neighboring coun- vironment has been created and the ‘‘(3) the Capitol Guide Service; tries. Other potential Radovan warring parties separated. No fewer ‘‘(4) the Capitol Police; Karadzics cannot be encouraged to be- than three hundred thousand troops ‘‘(5) the Congressional Budget Office; lieve that they can get away with simi- ‘‘(6) the Office of the Architect of the Cap- from all sides have returned to civilian itol; lar crimes. The devil’s work of the life. ‘‘(7) the Office of the Attending Physician; mass murderers, ethnic cleansers, and Nearly seven thousand heavy weap- ‘‘(8) the Office of Compliance; or rapists in Bosnia must not be allowed ons have been destroyed, and an addi- ‘‘(9) for the purposes stated in paragraph to stand in that country or, worse still, tional two thousand six hundred put (q) of this section, the General Accounting to be repeated there and elsewhere. into supervised cantonments. Office or the Library of Congress. Moreover, as President Clinton said A joint Muslim-Croat Federation De- * * * * * in his State of the Union address, stay- fense Force has been created, although ‘‘(h) Employing Office. The term ‘employing ing the course in Bosnia is a test of below the top command much more in- office’ means: American leadership in Europe in gen- tegration remains to be accomplished. ‘‘(1) the personal office of a Member of the eral, and in NATO in particular. It was The American Train and Equip Pro- House of Representatives or a Senator; American military involvement in the gram to create a defensive Federation ‘‘(2) a committee of the House of Rep- fall of 1995 and our diplomatic leader- capability is in full swing. I visited its resentatives or the Senate or a joint com- ship in crafting the Dayton Accords mittee; headquarters last summer, and was im- ‘‘(3) any other office headed by a person that ended the carnage in Bosnia. pressed with its trainers and its Mus- with the final authority to appoint, hire, dis- Make no mistake about it: we are the lim and Croat students. charge, and set the terms, conditions, or indispensable country in the European Progress has also been made in cre- privileges of the employment of an employee security equation, as Bosnia dem- ating non-political local police forces, of the House of Representatives or the Sen- onstrates. Although our alliance part- both in the Federation and in the ate; ners are shouldering the lion’s share of Republika Srpska. Integrated police ‘‘(4) the Capitol Guide Board, the Capitol the economic and military burden in Police Board, the Congressional Budget Of- forces are operating in eight major lo- Bosnia, without our participation on cations around the country, including fice, the Office of the Architect of the Cap- the ground and in the air, SFOR and itol, the Office of the Attending Physician, the pivotal northern town of Brcko, any post-SFOR force would be impos- and the Office of Compliance; or whose future will be determined in ‘‘(5) for the purposes stated in paragraph sible. March by an international arbitrator. The task in Bosnia is complex and (q) of this section, the General Accounting The International Police Task Force will take several more years to com- Office and the Library of Congress. or IPTF has had its share of problems, plete. President Clinton himself admit- * * * * * perhaps unavoidable given the fact ted his error in thinking that nearly ‘‘(q) Coverage of the General Accounting Of- that no fewer than forty countries are four years of horrific violence could be fice and the Library of Congress and their Em- contributing officers to it. Recent re- remedied in one year, or even two-and- ployees. The term ‘employing office’ shall in- forms, however, in which Americans a-half years. clude the General Accounting Office and the have played a prominent role, have Library of Congress, and the term ‘covered But our commitment to assisting the employee’ shall include employees of the Bosnians, of course, is not open-ended. strengthened its professionalism. A General Accounting Office and the Library of Rather than tieing our exit to an arti- new Federation Police Academy has Congress, for purposes of the proceedings and ficial date, we should—and will—link it been opened near Sarajevo to train new rulemakings described in subparagraphs (1) to the completion of clearly defined recruits from all religious groups. and (2): criteria, such as the establishment of a Last fall, I called for our European ‘‘(1) Any proceeding under section 215 of allies to contribute forces from their the Act. Section 215 of the Act applies to functioning national government and other national institutions, seated paramilitary formations to create a covered employees and employing offices gendarmerie in Bosnia as a vital mid- certain rights and protections of the Wil- elected local governments, free media, liams-Steiger Occupational Safety and and a free-market economy. I have dle layer—under SFOR control—be- Health Act of 1970. every confidence that the Administra- tween the local police and SFOR. Al- ‘‘(2) Any proceeding or rulemaking, for tion will spell out these benchmark though there was an initial, predict- purposes of section 9.04 of these rules.’’ criteria in detail in its request for U.S. able negative public reaction from Eu- f participation in the international force rope, I am told that several of our part- ners are now actively considering the PROGRESS IN BOSNIA after this June. I had the opportunity to accompany idea. These European gendarmes could Mr. BIDEN. Mr. President, one of the the President to Bosnia before Christ- provide the security for newly elected most important foreign policy issues mas—my fourth journey in recent municipal governments, guarantee with which the Congress must deal in years to that troubled land. The trip safety for minority refugee returns, the coming months is continued Amer- confirmed the impressions that I and take over the lead-role in cap- ican involvement in Bosnia and gained in a longer trip last summer: we turing indicted war criminals. Herzegovina. have made significant progress in im- In fact, slowly but surely the in- Last December, President Clinton an- plementing the military and civilian dicted war criminals are already being nounced his decision that the United provisions of the Dayton Accords. rounded up. Nearly one-third of the States should maintain ground troops I scarcely need to add the caveat that seventy-nine individuals under open in- in an international force that will re- much still remains to be done to put dictment have been taken into custody place SFOR, whose mandate expires in Bosnia back on firm footing. Today I in the War Crimes Tribunal in the June. Soon, he will ask the Congress have several concrete policy proposals Hague. for the funding to support this oper- to further that end. Last month, for the first time Amer- ation. To put them into context, I would ican SFOR troops carried out a capture I support the President’s decision as like to review in some detail the sig- operation, seizing a notorious Bosnian being squarely in the national self-in- nificant progress that has been made in Serb who as the sadistic commander of terest of the United States. As I have the last nine months in implementing a prison camp called himself the ‘‘Serb said on many other occasions, the sta- both the military and civilian provi- Adolf’’ and reveled in his grisly murder bility of southeastern Europe depends sions of the Dayton Accords. of Muslims. He is one of only a handful

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S723 of individuals in Bosnia indicted for some confidence that this is beginning set as a top priority the privatization genocide. to happen. The High Representative for and restructuring of the economy of NATO Secretary-General Solana has Bosnia, the impressive Spanish dip- the Republika Srpska. Central to this publicly pledged to arrest such war lomat Carlos Westendorp, has been is his determination to eliminate the criminals when NATO troops find given additional powers by the inter- widespread corruption that has kept them, but proceeding with careful prep- national community, and he is using the Karadzic gang in power by elimi- aration so as to avoid undue risk. I them. Last month, fed up with stale- nating their ability to tax, to impose welcome his statement and urge an ac- mate among the representatives of the customs duties—and then to siphon off celeration of the process, to be taken three major religious groups, Mr. the money for their personal use. He over as soon as possible—as I just men- Westendorp imposed a common cur- has already replaced the corrupt tioned—by a European gendarmerie. rency on the country. When the three Karadzic appointees who ran the state- Contrary to popular belief, Mr. Presi- groups seemed deadlocked on a com- owned industries. dent, many refugees and displaced per- mon national license plate, he forced In an immediate measure to exert his sons have returned home—more than the issue, and an agreement was control, Dodik is moving the Republika 400,000 in fact. The number of minority reached. Most recently, when they Srpska capital from Pale to Banja returnees represents only a small frac- failed to agree on the design of a na- Luka, a measure that was officially ap- tion of the total, but even here there tional flag, Mr. Westendorp made the proved by the Republika Srpska Par- has been notable progress in several choice and imposed it on them. liament on January 31st by a wide mar- cities in the past few months. In contrast to the grudging pace of gin. Mr. President, there are other posi- reform at the national level, there has Moreover, the Republika Sprska Par- tive signs emanating from Bosnia. been quite remarkable progress at the liament has voted to annul thirty- Thanks to pressure from SFOR, the entity and local levels of government. three laws passed by the Karadzic- Bosnian media have been restructured. Democratic elections have been held dominated parliament after President The hate-filled television broadcasts of with turn-outs averaging more than Plavsic dissolved that body last sum- the Karadzic forces have been put seventy percent. The trend has been to- mer. under the oversight of the High Rep- ward marginalizing the ethnic extrem- My colleagues should understand resentative, and the Organization for ists, who have either been voted out of that we must keep a sharp eye on Security and Cooperation in Europe office or removed by the High Rep- Dodik—if for no other reason the fact (OSCE). Equally important, the inter- resentative from positions in towns in that he is also being supported by nationally funded Open Broadcast Net- both the Federation and the Republika Yugoslav President Milosevic—but work now reaches eighty percent of Srpska. there is no doubt whatsoever that Bosnia and Herzegovina. Then last month, Mr. President, a Dodik is a vast improvement over the The economic life of the Federation stunning and heartening development Pale gang that is actively resisting is rapidly improving, although a huge took place in Bosnia. A non-nationalist him. amount remains to be rebuilt. GDP Bosnian Serb named Milorad Dodik The jury is still out as to who will grew by 53% in 1996 and 35% last year, was elected Prime Minister of the emerge victorious, but, Mr. President, and unemployment has been cut in Republika Srpska. the very facts of Dodik’s record, his half, from 90% to 44%. I met Mr. Dodik last August in Banja parliamentary victory, and his reform A central factor in the economic re- Luka. He seems genuinely to believe in program are an eloquent rebuttal to suscitation of the Federation has been a unified, multi-ethnic Bosnia, and his the many superficial and utterly erro- international assistance, and our behavior during the four years of vio- neous statements about Bosnian his- USAID is generally acknowledged to lence was exemplary. In fact, his razor- tory that we have often heard in this have been the most efficient national thin victory in the Republika Srpska country, even on the floor of this agency in delivering emergency assist- parliament was made possible by the chamber. ance in a variety of ways. I have per- support of sixteen Muslim and several We have repeatedly heard the refrain sonally seen the targeted programs of Croat deputies. of how ‘‘those people in Bosnia have USAID contractors helping minority Nominated for his position by never gotten along,’’ how ‘‘they have refugees to return and rebuild their Republika Srpska President Plavsic, fought each other for five hundred own houses. Moreover, USAID assist- Prime Minister Dodik has crafted a years,’’ and how ‘‘they are incapable of ance has created over 11,000 jobs and program that goes beyond that of his living together.’’ provided sixty-eight million dollars in patron: I hope that as we go forward in Bos- loans to one hundred forty medium- He has pledged to implement Dayton nia, we can finally dispense with these sized Bosnian enterprises. fully, including completing the unifica- tired cliches, which, in essence, have From all international sources more tion of the police forces of the been an excuse not to deal with the than 230 miles of roads have been re- Republika Srpska and of the Federa- real world. built throughout Bosnia and twenty- tion. Mr. President, in my twenty-five one key bridges repaired and made He has said he will seek an equitable years in the Senate my colleagues have functional again. solution to the refugee problem. called me many things, but ‘‘starry- Economic progress in the Republika He has said that when he is firmly in eyed’’ is not one of them. In taking Srpska has lagged far behind that of power he will turn over all Serbs sus- note of the progress that has been the Federation, primarily because the pected of war crimes to the inter- achieved in Bosnia, I do not for one Karadzic-dominated government in national tribunal in the Hague. In fact, minute believe that we are on the edge Pale obstructed implementation of the the tribunal may soon open an office in of victory, or even that the final goal civilian parts of the Dayton Accords. I Banja Luka. of a multi-ethnic, democratic, free- will return shortly to the issue of how He has guaranteed equal rights for market Bosnia is certain to be best to assist the Republika Srpska to all citizens. achieved. get back onto its feet. He has called for the separation of re- But I do think that a sober, objective Progress has been uneven in fleshing ligion and politics. reading of the current situation gives out the institutions of government He has come out for independent cause for some optimism that we have mandated by Dayton. While all na- media, pledging publicly to reorganize turned the corner. tional and entity-level institutions Bosnian Serb Radio and Television ‘‘in In conclusion, I would like to offer a have been created, the joint presidency accordance with the requirements of six-point plan to correct some is a fractious and hamstrung organiza- the Office of the High Representative missteps-steps and to keep up the posi- tion, and tax, customs, and banking . . . to develop into a professional, tive momentum in Bosnia. bodies are still not fully functioning. independent, and responsible network, First, in the very near future we We clearly must put more pressure open to everybody.’’ must secure the commitment of sev- on the various parties to make the sys- Moreover, Prime Minister Dodik— eral of our allies to contribute troops tem work, and recent events give me himself a successful businessman—has to create the European paramilitary

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S724 CONGRESSIONAL RECORD — SENATE February 12, 1998 gendarme force for Bosnia, which I de- admit twenty thousand Serbs and means greater viewer choice in getting scribed earlier, to handle a variety of Croats and to introduce the property television. It is always a pleasure to civilian security tasks. This is emi- legislation. We must now hold him to work with Chairman COBLE, and I look nently do-able and would provide a tre- his word, using assistance as a lever. forward to working with him as we per- mendous boost to Dayton implementa- The Bosnian Muslims, the principal fect this legislation and move it to en- tion. victims of the carnage of the last four actment. I have also worked with the Second, although we will almost cer- years, know that they have no stronger ranking member of the Senate Judici- tainly reduce the size of the American defender in Congress than me. But they ary Committee, Senator LEAHY, who troop commitment in the post-SFOR must also realize that all groups in has provided valuable input into the force from the current eight thousand Bosnia—Muslims, Croats, Serbs, and Senate legislation. five hundred, the President must make others—deserve equal treatment as the I must also acknowledge the input of clear to the American public that he is country is rebuilt and made healthy the Register of Copyrights and Copy- prepared to raise that number again if again. I cannot stress this point right Office staff. They worked along our commander on the ground in Bos- enough. with congressional staff in creating nia certifies that the security situation Sixth, in the preparations for the piv- this legislation. warrants it. otal Bosnian national elections next Let me say that I believe the legisla- Third—and this may not sit well with September we should greatly increase tion that Chairman COBLE and I have some of my colleagues—I believe that our support for the non-nationalist, worked on effectively balances the var- if a continued American troop presence multi-ethnic parties in the Federation ious interests affected by the legisla- in Bosnia is an important national in- and the Republika Srpska. tion. While I look forward to perfecting terest, as it manifestly is—then I think Until now, this task in the field has the legislation, I expect it to undergo this priority should be reflected in a been handled principally by the U.S. revision as it moves through the proc- supplemental appropriation that does National Democratic Institute, which ess, I believe that the essential balance not reprogram other military funding. has done superb work. must be maintained for this legislation In other words, we should not sacrifice We should now pressure the OSCE to to move this year. And it is important readiness elsewhere to pay for Bosnia. involve the multi-ethnic parties in the that we enact legislation this year al- Both are essential, and we can afford work of the Provisional Election Com- lowing satellite carriers to provide both. mission, which sets the ground rules. local carriage of broadcast signals Fourth, we should support Republika For example, until now, incredible as within a broadcaster’s local market. Srpska Prime Minister Dodik by speed- it may sound, only the nationalist par- No reform is more important to mak- ily providing assistance to his central ties have had access to voters’ lists! ing satellite competitive with cable for government and to localities that im- Mr. President, Bosnia has come a the long term. I believe the other re- plement Dayton, but not provide it in long way since the horrifying days only forms also set the stage for vigorous an indiscriminate way. What do I mean two-and-a-half years ago when daily competition between satellite and by that? mortar attacks and snipers terrorized cable, with adequate protections for I mean that henceforth in order to Sarajevo and Mostar, when thousands the other interested parties whose receive American USAID assistance, were brutally murdered in Srebrenica works are delivered by them to view- all Bosnian municipalities, both in the and elsewhere, and when women were ers, which should result in lower prices Republika Srpska and in the Federa- degraded in bestial rape camps. and increased choices for viewers. This tion, by a reasonable date-certain Much work remains to be done, but is important legislation for all of our would have to join the Open Cities Pro- there is light at the end of the tunnel. constituents, but particularly for those gram to welcome returning minority A peaceful, democratic Bosnia is cen- in states with rural or mountainous refugees, seat their municipal councils tral to the peace of Europe, and there- areas such as my home state of Utah. I that were legally elected last Sep- fore to America’s national interest. hope my colleagues will help work to tember, and deny sanctuary to indicted And American leadership is absolutely enact these reforms this year so that war criminals. essential to the rebuilding of the coun- the next generation of satellite tele- I would also design USAID recon- try. vision delivery can become a reality in struction projects that designate for For all these reasons, I am confident the very near future. returning minority refugees housing that in the coming weeks when the I welcome input from all interested units or jobs in rebuilt factories. Congress is called upon to support an parties and my colleagues. And I look Let me underscore, Mr. President— extension of the American commit- forward to introducing a companion to and this is key—my plan means not ment to Bosnia, it will respond affirm- Mr. COBLE’s bill when we return from providing assistance to localities until atively. our President’s Day recess. they comply. The date-certain must be I thank the Chair and yield the floor. f reasonable, but firm. f The restrictions I propose are not in- INNOCENT SPOUSES NEED RELIEF tended to undercut Prime Minister COPYRIGHT COMPULSORY Mr. KYL. Mr. President, I want to Dodik, whom I support. But we must be LICENSE IMPROVEMENT ACT commend the chairman of the Senate clear: the American policy goal is not Mr. HATCH. Mr. President, my good Finance Committee, Senator BILL just to have a rhetorically friendlier friend and colleague Mr. COBLE, the ROTH, for the very thoughtful and de- Republika Srpska government, but is Chairman of the House Judiciary Intel- termined way that he has handled the rather to help build a multi-ethnic, lectual Property Subcommittee intro- Internal Revenue Service (IRS) reform democratic Bosnia. duced in the House today the Copy- effort. Fifth, as a specific corollary of this right Compulsory License Improve- Had he simply bowed to calls from last point, we should force the Bosnian ment Act. I had intended to introduce some on the other side of the aisle to Muslim SDA Party, the senior partner similar legislation in the Senate today, sweep problems with the IRS under the in the Federation government, to wel- but have decided to allow some of my rug and rush the IRS reform bill to a come returning Bosnian Serb and Bos- colleagues on the Judiciary Committee vote, we probably would not have had nian Croat refugees back to Sarajevo time to review this important legisla- the chance to shed light on the serious and to enact legislation to enable non- tion and join me in presenting legisla- abuses that innocent spouses have ex- Muslims to reclaim their former apart- tion to the Senate. perienced at the hands of the IRS. And ments in ‘‘socially owned,’’ that is, Let me first thank Mr. COBLE for his we certainly would not have the chance public housing. leadership in this area. He and his staff to ensure that an effective fix for inno- I have advocated these steps for have worked tirelessly to develop the cent spouses is included in the IRS re- months. Last week, under pressure bill he introduced today. It is legisla- form legislation. from our talented Special Envoy Am- tion that will set the stage for in- I think it is important to say at the bassador Bob Gelbard, Bosnian Presi- creased competition in the multi-chan- outset that most IRS employees are dent Izetbegovic finally agreed to nel video delivery market, and that law-abiding and professional, and most

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S725 of them deal fairly with taxpayers. It is ture. The IRS has now put a lien on her Ten years ago, February 11, 1988, the important to remember, too, that the home, while he is apparently paying Federal debt stood at $2,452,989,000,000 IRS has been given the difficult and just $200 to $300 per month toward the (Two trillion, four hundred fifty-two thankless task of administering a Tax debt. billion, nine hundred eighty-nine mil- Code that is exceedingly complex, A widowed mother of five who has lion). filled with contradictory provisions, been on and off food stamps testified Fifteen years ago, February 11, 1983, and open to differing interpretations. before the Committee. The IRS said the Federal debt stood at But since the IRS has been given such she owes more than $527,000. $1,194,636,000,000 (One trillion, one hun- tremendous power—power that can A disabled nurse has a lien put on her dred ninety-four billion, six hundred bankrupt families, put people out of home for taxes dating back to the thirty-six million) which reflects a their homes, and ruin lives—any abuse 1960s, even though her divorce decree debt increase of more than $4 trillion— of that power cannot be tolerated. explicitly stated that she was not re- $4,279,012,289,477.06 (Four trillion, two Mr. President, last December, I sponsible for her former husband’s hundred seventy-nine billion, twelve hosted a Town Hall meeting and a se- debts. million, two hundred eighty-nine thou- ries of other events in Arizona to so- The problem is that, while the IRS is sand, four hundred seventy-seven dol- licit public comment about how best to targeting these women, it is apparently lars and six cents) during the past 15 reform the IRS. One of the people I failing to pursue their former husbands years. heard from was a woman who divorced with equal vigor. There are cases where f in late 1995. While she paid her taxes in men, too, are the primary focus of the U.S. FOREIGN OIL CONSUMPTION full and on time during the last two IRS’s collection efforts, but this is pre- FOR WEEK ENDING FEBRUARY 6TH years of her marriage, her husband did dominately a problem that affects Mr. HELMS. Mr. President, the not. The IRS ultimately came after her women. Nine out of 10 innocent spouses American Petroleum Institute reports for the taxes that her former spouse are women. Maybe that is because they that for the week ending February 6, did not pay. are more likely to pay up when con- the U.S. imported 8,371,000 barrels of About two weeks after hearing from fronted by the IRS. Maybe it is because oil each day, 447,000 barrels more than her—on December 19—I sent Chairman women sometimes have fewer resources the 7,894,000 imported each day during ROTH a letter identifying ways of im- available to defend themselves. In ei- the same week a year ago. proving the IRS reform bill, and on ther case, singling out women for abu- Americans relied on foreign oil for that short list was a recommendation sive collection efforts is just plain 56.8 percent of their needs last week, to make innocent-spouse relief easier wrong. and there are no signs that the upward to obtain, and to make it available One solution might be simply to re- spiral will abate. Before the Persian retroactively, or at least to all cases peal the joint liability rules. Maybe li- Gulf War, the United States obtained pending on the date of enactment of ability ought to be proportionate to approximately 45 percent of its oil sup- the bill. each spouse’s earnings during the mar- ply from foreign countries. During the So obviously, I am delighted that the riage. I understand the Committee is Arab oil embargo in the 1970s, foreign Finance Committee has focused on the looking at a range of options. One way oil accounted for only 35 percent of issue of innocent-spouse protection. or the other, though, we have got to America’s oil supply. The hearing held by the Committee solve this problem and get the IRS off Anybody else interested in restoring just yesterday revealed just how seri- the backs of women whose only offense domestic production of oil? By U.S. ously people can be abused. The Com- is that they took their husband’s word producers using American workers? mittee heard from several separated or that their finances were in order. And Politicians had better ponder the divorced women who, like my con- we ought to be sure that whatever we economic calamity sure to occur in stituent, had been pursued by the IRS do extends back retroactively. America if and when foreign producers for tax debts run up by their former Mr. President, I am obviously very shut off our supply—or double the al- husbands. appreciative of the fact that Chairman ready enormous cost of imported oil Mr. President, husband and wife are ROTH and the Finance Committee have flowing into the U.S.—now 8,371,000 equal partners in a marriage. Financial focused on this very important issue. barrels a day. obligations are a shared responsibility, And again, I want to thank Chairman Mr. COVERDELL. I suggest the ab- and appropriately so. We need to be ROTH for resisting calls from the other sence of a quorum. careful not to undermine the commit- side to merely rush ahead with an IRS The PRESIDING OFFICER. The ment that people have made to each reform measure before the Committee clerk will call the roll. other, or we may unintentionally cre- could deal with the innocent-spouse The bill clerk proceeded to call the ate new incentives for couples to di- issue. I look forward to working with roll. vorce merely to limit their tax obliga- the Committee to ensure that an effec- Mr. COVERDELL. Mr. President, I tions. That is how the marriage pen- tive solution to this problem is in- ask unanimous consent that the order alty was born—something we will need cluded in the IRS reform bill before for the quorum call be rescinded. to fix later this year. final passage. The PRESIDING OFFICER. Without objection, it is so ordered. But there are unique circumstances f that arise from time to time that make f THE VERY BAD DEBT BOXSCORE it inappropriate to hold one spouse lia- EXECUTIVE SESSION ble for taxes that are primarily attrib- Mr. HELMS. Mr. President, at the utable to the other spouse. Those cir- close of business yesterday, Wednes- cumstances seem to arise far more fre- day, February 11, 1998, the Federal debt EXECUTIVE CALENDAR quently than one might think. One es- stood at $5,473,648,289,477.06 (Five tril- Mr. COVERDELL. Mr. President, I timate by the General Accounting Of- lion, four hundred seventy-three bil- ask unanimous consent that the Sen- fice suggests that the IRS tries to col- lion, six hundred forty-eight million, ate immediately proceed to executive lect taxes from the wrong spouse after two hundred eighty-nine thousand, session to consider the following nomi- a separation or divorce in at least four hundred seventy-seven dollars and nations on the executive calendar: No. 50,000 cases a year. six cents). 497, No. 498, No. 499 and No. 500. One of the women who testified be- One year ago, February 11, 1997, the I further ask unanimous consent that fore the Finance Committee yesterday Federal debt stood at $5,305,464,000,000 the nominations be confirmed, the mo- was a fourth-grade teacher from Flor- (Five trillion, three hundred five bil- tions to reconsider be laid upon the ida who divorced back in 1995. Her hus- lion, four hundred sixty-four million). table, the President be immediately band—himself a former field auditor Five years ago, February 11, 1993, the notified of the Senate’s action, and the for the IRS—has reportedly failed to Federal debt stood at $4,175,669,000,000 Senate then return to legislative ses- file the couple’s tax returns for 1993 (Four trillion, one hundred seventy- sion. and 1994. When he did later file joint re- five billion, six hundred sixty-nine mil- The PRESIDING OFFICER. Without turns, he allegedly forged her signa- lion). objection, it is so ordered.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S726 CONGRESSIONAL RECORD — SENATE February 12, 1998 The nominations, considered and (B) by striking ‘‘college, programs, or regional sea grant office, the Administration, and the confirmed en bloc, are as follows: consortium’’ and inserting ‘‘college or sea grant panel; institute’’; ‘‘(3) the fellowship program under section 208; THE JUDICIARY (2) by striking paragraph (4) and inserting the and Michael B. Thornton, of Virginia, to be a following: ‘‘(4) any national strategic investments in Judge of the United States Tax Court for a ‘‘(4) The term ‘field related to ocean, coastal, fields relating to ocean, coastal, and Great term of fifteen years after he takes office. and Great Lakes resources’ means any discipline Lakes resources developed with the approval of DEPARTMENT OF THE TREASURY or field, including marine affairs, resource man- the panel, the sea grant colleges, and the sea Donald C. Lubick, of Maryland, to be an agement, technology, education, or science, grant institutes. Assistant Secretary of the Treasury. which is concerned with or likely to improve the ‘‘(c) RESPONSIBILITIES OF THE SECRETARY.— understanding, assessment, development, utili- ‘‘(1) The Secretary, in consultation with the THE JUDICIARY zation, or conservation of ocean, coastal, or panel, sea grant colleges, and sea grant insti- L. Paige Marvel, of Maryland, to be a Great Lakes resources.’’; tutes, shall develop a long-range strategic plan Judge of the United States Tax Court for a (3) by redesignating paragraphs (5) through which establishes priorities for the national sea term of fifteen years after she takes office. (15) as paragraphs (7) through (17), respectively, grant college program and which provides an EXECUTIVE OFFICE OF THE PRESIDENT and inserting after paragraph (4) the following: appropriately balanced response to local, re- gional, and national needs. Richard W. Fisher, of Texas, to be Deputy ‘‘(5) The term ‘Great Lakes’ includes Lake ‘‘(2) Within 6 months of the date of enactment United States Trade Representative, with Champlain. of the National Sea Grant College Program Re- the rank of Ambassador, vice Charlene ‘‘(6) The term ‘institution’ means any public authorization Act of 1998, the Secretary, in con- Barshefsky, to which position he was ap- or private institution of higher education, insti- sultation with the panel, sea grant colleges, and pointed during the last recess of the Senate. tute, laboratory, or State or local agency.’’; (4) by striking ‘‘regional consortium, institu- sea grant institutes, shall establish guidelines f tion of higher education, institute, or labora- related to the activities and responsibilities of sea grant colleges and sea grant institutes. Such LEGISLATIVE SESSION tory’’ in paragraph (11) (as redesignated) and inserting ‘‘institute or other institution’’; and guidelines shall include requirements for the The PRESIDING OFFICER. The Sen- (5) by striking paragraphs (12) through (17) conduct of merit review by the sea grant colleges ate will now return to legislative ses- (as redesignated) and inserting after paragraph and sea grant institutes of proposals for grants sion. (11) the following: and contracts to be awarded under section 205, ‘‘(12) The term ‘project’ means any individ- providing, at a minimum, for standardized docu- f ually described activity in a field related to mentation of such proposals and peer review of all research projects. NATIONAL SEA GRANT COLLEGE ocean, coastal, and Great Lakes resources in- volving research, education, training, or advi- ‘‘(3) The Secretary shall by regulation pre- PROGRAM REAUTHORIZATION sory services administered by a person with ex- scribe the qualifications required for designation ACT OF 1998 pertise in such a field. of sea grant colleges and sea grant institutes under section 207. Mr. COVERDELL. Mr. President, I ‘‘(13) The term ‘sea grant college’ means any institution, or any association or alliance of two ‘‘(4) To carry out the provisions of this title, ask the Chair lay before the Senate a the Secretary may— message from the House of Representa- or more such institutions, designated as such by the Secretary under section 207 (33 U.S.C. 1126) ‘‘(A) appoint, assign the duties, transfer, and tives on the bill (S. 927) to reauthorize of this Act. fix the compensation of such personnel as may the Sea Grant Program. ‘‘(14) The term ‘sea grant institute’ means any be necessary, in accordance with civil service The PRESIDING OFFICER laid be- institution, or any association or alliance of two laws; fore the Senate the following message or more such institutions, designated as such by ‘‘(B) make appointments with respect to tem- from the House of Representatives: the Secretary under section 207 (33 U.S.C. 1126) porary and intermittent services to the extent authorized by section 3109 of title 5, United Resolved, That the bill from the Senate (S. of this Act. ‘‘(15) The term ‘sea grant program’ means a States Code; 927) entitled ‘‘An Act to reauthorize the Sea ‘‘(C) publish or arrange for the publication of, program of research and outreach which is ad- Grant Program’’, do pass with the following and otherwise disseminate, in cooperation with ministered by one or more sea grant colleges or amendment: other offices and programs in the Administra- sea grant institutes. Strike out all after the enacting clause and tion and without regard to section 501 of title 44, ‘‘(16) The term ‘Secretary’ means the Sec- insert: United States Code, any information of re- retary of Commerce, acting through the Under SECTION 1. SHORT TITLE. search, educational, training or other value in Secretary of Commerce for Oceans and Atmos- fields related to ocean, coastal, or Great Lakes This Act may be cited as the ‘‘National Sea phere. resources; Grant College Program Reauthorization Act of ‘‘(17) The term ‘State’ means any State of the ‘‘(D) enter into contracts, cooperative agree- 1998’’. United States, the District of Columbia, the ments, and other transactions without regard to SEC. 2. AMENDMENT OF NATIONAL SEA GRANT Commonwealth of Puerto Rico, the Virgin Is- section 5 of title 41, United States Code; COLLEGE PROGRAM ACT. lands, Guam, American Samoa, the Common- ‘‘(E) notwithstanding section 1342 of title 31, Except as otherwise expressly provided, when- wealth of the Mariana Islands, or any other ter- United States Code, accept donations and vol- ever in this Act an amendment or repeal is ex- ritory or possession of the United States.’’. untary and uncompensated services; pressed in terms of an amendment or repeal to, (b) The Act is amended— or repeal of, a section or other provision, the ‘‘(F) accept funds from other Federal depart- (1) in section 209(b) (33 U.S.C. 1128(b)), as ments and agencies, including agencies within reference shall be considered to be made to a amended by this Act, by striking ‘‘, the Under section or other provision of the National Sea the Administration, to pay for and add to grants Secretary,’’; and made and contracts entered into by the Sec- Grant College Program Act (33 U.S.C. 1121 et (2) by striking ‘‘Under Secretary’’ every other seq.). retary; and place it appears and inserting ‘‘Secretary’’. ‘‘(G) promulgate such rules and regulations as SEC. 3. FINDINGS. SEC. 5. NATIONAL SEA GRANT COLLEGE PRO- may be necessary and appropriate. (a) Section 202(a)(1) (33 U.S.C. 1121(a)(1)) is GRAM. ‘‘(d) DIRECTOR OF THE NATIONAL SEA GRANT amended— Section 204 (33 U.S.C. 1123) is amended to read COLLEGE PROGRAM.— (1) by redesignating subparagraphs (D) and as follows: ‘‘(1) The Secretary shall appoint, as the Direc- (E) as subparagraphs (E) and (F), respectively; ‘‘SEC. 204. NATIONAL SEA GRANT COLLEGE PRO- tor of the National Sea Grant College Program, and GRAM. a qualified individual who has appropriate ad- (2) by inserting after subparagraph (C) the ‘‘(a) PROGRAM MAINTENANCE.—The Secretary ministrative experience and knowledge or exper- following: shall maintain within the Administration a pro- tise in fields related to ocean, coastal, and Great ‘‘(D) encourage the development of forecast gram to be known as the national sea grant col- Lakes resources. The Director shall be ap- and analysis systems for coastal hazards;’’. lege program. The national sea grant college pointed and compensated, without regard to the (b) Section 202(a)(6) (33 U.S.C. 1121(a)(6)) is program shall be administered by a national sea provisions of title 5, United States Code, gov- amended by striking the second sentence and in- grant office within the Administration. erning appointments in the competitive service, serting the following: ‘‘The most cost-effective ‘‘(b) PROGRAM ELEMENTS.—The national sea at a rate payable under section 5376 of title 5, way to promote such activities is through con- grant college program shall consist of the finan- United States Code. tinued and increased Federal support of the es- cial assistance and other activities authorized in ‘‘(2) Subject to the supervision of the Sec- tablishment, development, and operation of pro- this title, and shall provide support for the fol- retary, the Director shall administer the na- grams and projects by sea grant colleges, sea lowing elements— tional sea grant college program and oversee the grant institutes, and other institutions.’’. ‘‘(1) sea grant programs which comprise a na- operation of the national sea grant office. In SEC. 4. DEFINITIONS. tional sea grant college program network, in- addition to any other duty prescribed by law or (a) Section 203 (33 U.S.C. 1122) is amended— cluding international projects conducted within assigned by the Secretary, the Director shall— (1) in paragraph (3)— such programs; ‘‘(A) facilitate and coordinate the develop- (A) by striking ‘‘their university or’’ and in- ‘‘(2) administration of the national sea grant ment of a long-range strategic plan under sub- serting ‘‘his or her’’; and college program and this title by the national section (c)(1);

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‘‘(B) advise the Secretary with respect to the ‘‘(b) EXISTING DESIGNEES.—Any institution, or ‘‘(b) PROGRAM ELEMENTS.— expertise and capabilities which are available association or alliance of two or more such insti- ‘‘(1) LIMITATION.—No more than 5 percent of within or through the national sea grant college tutions, designated as a sea grant college or the lesser of— program and encourage the use of such exper- awarded institutional program status by the Di- ‘‘(A) the amount authorized to be appro- tise and capabilities, on a cooperative or other rector prior to the date of enactment of the Na- priated; or basis, by other offices and activities within the tional Sea Grant College Program Reauthoriza- ‘‘(B) the amount appropriated, Administration, and other Federal departments tion Act of 1998, shall not have to reapply for for each fiscal year under subsection (a) may be and agencies; designation as a sea grant college or sea grant used to fund the program element contained in ‘‘(C) advise the Secretary on the designation institute, respectively, after the date of enact- section 204(b)(2). of sea grant colleges and sea grant institutes, ment of the National Sea Grant College Program ‘‘(c) NOTICE OF REPROGRAMMING.—If any and, if appropriate, on the termination or sus- Reauthorization Act of 1998, if the Director de- funds authorized by this section are subject to a pension of any such designation; and termines that the institution, or association or reprogramming action that requires notice to be ‘‘(D) encourage the establishment and growth alliance of institutions, meets the qualifications provided to the Appropriations Committees of of sea grant programs, and cooperation and co- in subsection (a). the House of Representatives and the Senate, ordination with other Federal activities in fields ‘‘(c) SUSPENSION OR TERMINATION OF DESIGNA- notice of such action shall concurrently be pro- related to ocean, coastal, and Great Lakes re- TION.—The Secretary may, for cause and after vided to the Committees on Science and Re- sources. an opportunity for hearing, suspend or termi- sources of the House of Representatives and the ‘‘(3) With respect to sea grant colleges and sea nate any designation under subsection (a). Committee on Commerce, Science, and Transpor- grant institutes, the Director shall— ‘‘(d) DUTIES.—Subject to any regulations pre- tation of the Senate. ‘‘(A) evaluate the programs of sea grant col- scribed or guidelines established by the Sec- ‘‘(d) NOTICE OF REORGANIZATION.—The Sec- leges and sea grant institutes, using the prior- retary, it shall be the responsibility of each sea retary shall provide notice to the Committees on ities, guidelines, and qualifications established grant college and sea grant institute— Science, Resources, and Appropriations of the by the Secretary; ‘‘(1) to develop and implement, in consultation House of Representatives and the Committees on ‘‘(B) subject to the availability of appropria- with the Secretary and the panel, a program Commerce, Science, and Transportation and Ap- tions, allocate funding among sea grant colleges that is consistent with the guidelines and prior- propriations of the Senate, not later than 45 and sea grant institutes so as to— ities established under section 204(c); and days before any major reorganization of any ‘‘(i) promote healthy competition among sea ‘‘(2) to conduct a merit review of all proposals program, project, or activity of the National Sea grant colleges and institutes; for grants and contracts to be awarded under Grant College Program.’’. ‘‘(ii) encourage successful implementation of section 205.’’. SEC. 10. ADMINISTRATIVE LAW JUDGES. sea grant programs; and SEC. 8. SEA GRANT REVIEW PANEL. Notwithstanding section 559 of title 5, United ‘‘(iii) to the maximum extent consistent with (a) Section 209(a) (33 U.S.C. 1128(a)) is amend- other provisions of this Act, provide a stable States Code, with respect to any marine resource ed by striking the second sentence. conservation law or regulation administered by base of funding for sea grant colleges and insti- (b) Section 209(b) (33 U.S.C. 1128(b)) is amend- tutes; and the Secretary of Commerce acting through the ed— National Oceanic and Atmospheric Administra- ‘‘(C) ensure compliance with the guidelines for (1) by striking ‘‘The Panel’’ and inserting ‘‘(b) merit review under subsection (c)(2).’’. tion, all adjudicatory functions which are re- DUTIES.—The panel’’; quired by chapter 5 of title 5 of such Code to be SEC. 6. REPEAL OF SEA GRANT INTERNATIONAL (2) by striking ‘‘and section 3 of the Sea Grant performed by an Administrative Law Judge may PROGRAM. College Program Improvement Act of 1976’’ in be performed by the United States Coast Guard Section 3 of the Sea Grant Program Improve- paragraph (1); and on a reimbursable basis. Should the United ment Act of 1976 (33 U.S.C. 1124a) is repealed. (3) by striking ‘‘regional consortia’’ in para- States Coast Guard require the detail of an Ad- SEC. 7. SEA GRANT COLLEGES AND SEA GRANT graph (3) and inserting ‘‘institutes’’. ministrative Law Judge to perform any of these INSTITUTES. (c) Section 209(c) (33 U.S.C. 1128(c)) is amend- functions, it may request such temporary or oc- Section 207 (33 U.S.C. 1126) is amended to read ed— casional assistance from the Office of Personnel as follows: (1) in paragraph (1) by striking ‘‘college, sea Management pursuant to section 3344 of title 5, ‘‘SEC. 207. SEA GRANT COLLEGES AND SEA GRANT grant regional consortium, or sea grant pro- United States Code. INSTITUTES. gram’’ and inserting ‘‘college or sea grant insti- ‘‘(a) DESIGNATION.— tute’’; and Mr. COVERDELL. Mr. President, I ‘‘(1) A sea grant college or sea grant institute (2) by striking paragraph (5)(A) and inserting move the Senate concur in the amend- shall meet the following qualifications— the following: ment of the House. ‘‘(A) have an existing broad base of com- ‘‘(A) receive compensation at a rate estab- The motion was agreed to. lished by the Secretary, not to exceed the max- petence in fields related to ocean, coastal, and f Great Lakes resources; imum daily rate payable under section 5376 of ‘‘(B) make a long-term commitment to the ob- title 5, United States Code, when actually en- UNANIMOUS-CONSENT AGREE- jective in section 202(b), as determined by the gaged in the performance of duties for such MENT—VETO MESSAGE TO AC- Secretary; panel; and’’. COMPANY H.R. 2631 ‘‘(C) cooperate with other sea grant colleges SEC. 9. AUTHORIZATION OF APPROPRIATIONS. and institutes and other persons to solve prob- (a) GRANTS, CONTRACTS, AND FELLOWSHIPS.— Mr. COVERDELL. Mr. President, I lems or meet needs relating to ocean, coastal, Section 212(a) (33 U.S.C. 1131(a)) is amended to ask unanimous consent that at 11:30 and Great Lakes resources; read as follows: a.m. on Wednesday, February 25, the ‘‘(D) have received financial assistance under ‘‘(a) AUTHORIZATION.— Senate proceed to the consideration of section 205 of this title (33 U.S.C. 1124); ‘‘(1) IN GENERAL.—There is authorized to be the veto message to accompany H.R. ‘‘(E) be recognized for excellence in fields re- appropriated to carry out this Act— 2631, the Military Construction Appro- lated to ocean, coastal, and Great Lakes re- ‘‘(A) $56,000,000 for fiscal year 1999; priations bill. I further ask unanimous sources (including marine resources manage- ‘‘(B) $57,000,000 for fiscal year 2000; ment and science), as determined by the Sec- ‘‘(C) $58,000,000 for fiscal year 2001; consent that there be one hour for de- retary; and ‘‘(D) $59,000,000 for fiscal year 2002; and bate on the message, equally divided ‘‘(F) meet such other qualifications as the Sec- ‘‘(E) $60,000,000 for fiscal year 2003. between the chairman and the ranking retary, in consultation with the panel, considers ‘‘(2) ZEBRA MUSSEL AND OYSTER RESEARCH.— Member, with an additional hour under necessary or appropriate. In addition to the amount authorized for each the control of Senator MCCAIN. I fur- ‘‘(2) The Secretary may designate an institu- fiscal year under paragraph (1)— ther ask unanimous consent that fol- tion, or an association or alliance of two or ‘‘(A) up to $2,800,000 may be made available as lowing the expiration or yielding back more such institutions, as a sea grant college if provided in section 1301(b)(4)(A) of the Non- of time, the Senate proceed to a vote the institution, association, or alliance— indigenous Aquatic Nuisance Prevention and ‘‘(A) meets the qualifications in paragraph Control Act of 1990 (16 U.S.C. 4741(b)(4)(A)) for on the veto message with no inter- (1); and competitive grants for university research on the vening action or debate. ‘‘(B) maintains a program of research, advi- zebra mussel; The PRESIDING OFFICER. Without sory services, training, and education in fields ‘‘(B) up to $3,000,000 may be made available objection, it is so ordered. related to ocean, coastal, and Great Lakes re- for competitive grants for university research on f sources. oyster diseases and oyster-related human health ‘‘(3) The Secretary may designate an institu- risks; and AUTHORITY FOR COMMITTEES TO tion, or an association or alliance of two or ‘‘(C) up to $3,000,000 may be made available FILE LEGISLATIVE AND EXECU- more such institutions, as a sea grant institute for competitive grants for university research on TIVE REPORTED ITEMS ON if the institution, association, or alliance— Pfiesteria piscicida and other harmful algal THURSDAY, FEBRUARY 19 ‘‘(A) meets the qualifications in paragraph blooms.’’. (1); and (b) LIMITATION ON CERTAIN FUNDING.—Section Mr. COVERDELL. Mr. President, I ‘‘(B) maintains a program which includes, at 212(b)(1) (33 U.S.C. 1131(b)(1)) is amended to ask unanimous consent that on Thurs- a minimum, research and advisory services. read as follows: day, February 19, committees have

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S728 CONGRESSIONAL RECORD — SENATE February 12, 1998 from the hours of 10 a.m. to 3 p.m. in ‘‘(B) in subsection (d)(3), by striking sure that our energy insurance policy order to file legislative or executive re- ‘known’ and inserting after ‘circumstances’ is in effect. ported items with the exception of gov- ‘known at the time of approval’; The House bill before us, H.R. 2472, ernmental affairs regarding the special ‘‘(C) in subsection (e)(2) by striking ‘shall’ would provide a simple extension of and inserting ‘may’; investigation. ‘‘(D) in subsection (f)(2) by inserting ‘vol- these authorities through September of The PRESIDING OFFICER. Without untary agreement or’ after ‘approved’; this year. However, this is not enough objection, it is so ordered. ‘‘(E) by amending subsection (h) to read as to ensure our Nation’s energy security. f follows— We must change the antitrust exemp- ‘‘ ‘(h) Section 708 of the Defense Production tion in EPCA to comply with current EXTENDING PROGRAMS UNDER Act of 1950 shall not apply to any agreement IEA policy. The IEA changed its emer- THE ENERGY POLICY AND CON- or action undertaken for the purpose of de- gency response policy at our request, SERVATION ACT veloping or carrying out— switching from command-and-control ‘‘ ‘(1) the international energy program, or Mr. COVERDELL. Mr. President, I ‘‘ ‘(2) any allocation, price control, or simi- measures to more market-oriented co- ask the Chair lay before the Senate a lar program with respect to petroleum prod- ordinated stockdraw procedures. How- message from the House of Representa- ucts under this Act.’; ever, our laws haven’t kept up. tives on the bill (H.R. 2472) to extend ‘‘ ‘(F) in subsection (k) by amending para- Right now, our U.S. oil companies certain programs under the Energy graph (2) to read as follows— don’t have any assurance that their at- Policy and Conservation Act. ‘‘ ‘(2) The term ‘international emergency tempts to cooperate with the IEA and The PRESIDING OFFICER laid be- response provisions’ means— our government in a crises won’t be a fore the Senate the following message ‘‘ ‘(A) the provisions of the international energy program which relate to inter- violation of antitrust laws. The IEA’s from the House of Representatives: national allocation of petroleum products efforts to respond to a crisis will be Resolved, That the House agree to the and to the information system provided in critically impaired if it can’t coordi- amendment of the Senate to the bill (H.R. the program, and nate with U.S. oil companies. Our oil 2472) entitled ‘‘An Act to extend certain pro- ‘‘ ‘(B) the emergency response measures companies want to cooperate with our grams under the Energy Policy and Con- adopted by the Governing Board of the Inter- government and the IEA and strongly servation Act.’’, with the following amend- national Energy Agency (including the July support this amendment. ment: 11, 1984, decision by the Governing Board on In lieu of the matter proposed to be in- We also need to amend H.R. 2472 to ‘Stocks and Supply Disruptions’) for— extend the authorization beyond Sep- serted by the Senate, insert the following: ‘‘ ‘(i) the coordination drawdown of stocks SECTION 1. ENERGY POLICY AND CONSERVATION of petroleum products held or controlled by tember. For every year in recent mem- ACT AMENDMENTS. governments; and ory, we have authorized this Act on a The Energy Policy and Conservation Act is ‘‘ ‘(ii) complementary actions taken by year-to-year basis. Every year, we face amended— governments during an existing or impend- a potential crises when these authori- (1) in section 166 (42 U.S.C. 6246) by striking ing international oil supply disruption.’; and ties go unrenewed until the very end of ‘‘1997’’ and inserting in lieu thereof ‘‘1998’’; ‘‘ ‘(G) by amending subsection (l) to read as the Congress. The provisions of this (2) in section 181 (42 U.S.C. 6251) by striking follows— bill are not controversial. However, ‘‘September 30, 1997’’ both places it appears and ‘‘ ‘(l) The antitrust defense under sub- inserting in lieu thereof ‘‘September 1, 1998’’; section (f) shall not extend to the inter- there are those who see any important and national allocation of petroleum products al- bill as leverage. (3) in section 281 (42 U.S.C. 6285) by striking location is required by chapters III and IV of This year, we are on the edge of a ‘‘September 30, 1997’’ both places it appears and the international energy program during an real crises. We have ongoing military inserting in lieu thereof ‘‘September 1, 1998’’. international energy supply emergency.’; action in the Gulf, and no clear author- AMENDMENT NO. 1645 and ity to respond to oil supply shortages. (Purpose: To extend certain programs under ‘‘(5) in section 281 (42 U.S.C. 6285) by strik- Playing political games with this bill the Energy Policy and Conservation Act, ing ‘1997’ both places it appears and inserting has always been irresponsible; now it is and for other purposes) in lieu thereof ‘1999’. ‘‘(6) at the end of section 154 by adding the downright dangerous. In the future, the Mr. COVERDELL. Mr. President, I following new subsection: only way to avoid the annual crisis is send an amendment to the desk on be- ‘‘ ‘(f)(1) The drawdown and distribution of to renew EPCA for more than one year. half of Senator MURKOWSKI and ask for petroleum products from Strategic Petro- I am disappointed that we can’t do that its immediate consideration. leum Reserve is authorized only under sec- now. But for now, we must avert the The PRESIDING OFFICER. The tion 161 of this Act, and drawdown and dis- immediate crisis. clerk will report. tribution of petroleum products for purposes I have tried to address concerns The legislative clerk read as follows: other than those described in section 161 of about the future of the SPR. Like this Act shall be prohibited. many of you, I am dismayed by the re- The Senator from Georgia [Mr. COVER- ‘‘ ‘(2) In the Secretary’s annual budget sub- DELL], for Mr. MURKOWSKI, proposes an mission, the Secretary shall request funds cent use of the SPR as a ‘‘piggy bank’’. amendment numbered 1645. for acquisition, transportation, and injection In 1995, DOE proposed the sale of oil to Mr. COVERDELL. Mr. President, I of petroleum products for storage in the Re- pay for repairs and upkeep, opening the ask unanimous consent that reading of serve. If no request for funds is made, the floodgates to continued sales of oil for the amendment be dispensed with. Secretary shall provide a written expla- budget-balancing purposes. So far, The PRESIDING OFFICER. Without nation of the reason therefore.’.’’ we’ve lost the American taxpayer over objection, it is so ordered. Mr. MURKOWSKI. Mr. President, half a billion dollars. Buying high and The amendment is as follows: this bill should have been the easiest selling low never makes sense. We’re In lieu of the matter proposed to be in- thing we did this Congress. The Senate like the man in the old joke who was serted, insert the following: passed legislation on this issue by buying high and selling low who ‘‘SECTION 1. ENERGY POLICY AND CONSERVA- unanimous consent twice last year. claimed that ‘‘he would make it up on TION ACT AMENDMENTS. This bill contains nothing less than our volume.’’ I am pleased that President’s ‘‘The Energy Policy and Conservation Act Nation’s energy security insurance pol- budget does not propose oil sales. I is amended— icy. This bill authorizes two vital en- hope we have broken the habit of sell- ‘‘(1) in section 166 (42 U.S.C. 6246) by strik- ing ‘1997’ and inserting in lieu thereof ‘1999’; ergy security measures: the Strategic ing SPR oil forever. ‘‘(2) in section 181 (42 U.S.C. 6251) by strik- Petroleum Reserve and U.S. participa- We have already invested a great deal ing ‘1997’ both places it appears and inserting tion in the International Energy Agen- of taxpayer dollars in the SPR. We in lieu thereof ‘1999’; cy. proved during the Persian Gulf War ‘‘(3) by striking ‘section 252(l)(1)’ in section Both of these authorities have ex- that the stabilizing effect of an SPR 251(e)(1) (42 U.S.C. 627(e)(1)) and inserting pired. At this moment, sabers are rat- drawdown far outstrips the volume of ‘section 252(k)(1)’; tling in the Gulf. Very soon, there may oil sold. The simple fact that the SPR ‘‘(4) in section 42 U.S.C. 6272)— be more than sabers rattling. As I is available can have a calming influ- ‘‘(A) in subsection (a)(1) and (b), by strik- ing ‘allocation and information provisions of speak, more American troops are head- ence on oil markets. The oil is there, the international energy program’ and in- ed to the Middle East. We owe it to our waiting to dampen the effects of an en- serting ‘international emergency response soldiers, and the Nation’s civilian con- ergy emergency on our economy. How- provisions’; sumers, to do everything we can to en- ever, if we don’t ensure that there is

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S729 authority to use the oil when we need the second part of our 1991 strategy is The second tool that President Bush it, we will have thrown those tax dol- currently not even an option. had at his disposal in 1991 was the na- lars away. So, the first step is to en- President Bush had two tools at his tion’s Strategic Petroleum Reserve sure that our emergency oil reserves disposal to reduce the economic effects (SPR)—586 million barrels of crude oil, are fully authorized and available. of a military conflict in the Persian stored in underground salt caverns at We are talking about people’s lives Gulf. The first was an economic alli- five sites along the coast of Texas and and jobs. The least we can do is stop ance among the world’s major oil-con- Louisiana. At the beginning of Oper- holding this measure hostage to polit- suming countries, the independent ation Desert Storm, President Bush or- ical ambition. I urge my colleagues to International Energy Agency (or IEA). dered the drawdown and sale of oil support the adoption of this amend- The United States formed the IEA from the SPR. This had a powerful ment and immediate passage of H.R. after the Arab oil embargo of 1973, so calming influence on world oil mar- 2472. I also urge our colleagues in the that we would never again experience kets. Incredible as it may seem, such a other body to adopt this measure be- the market chaos, including gas sta- use of the SPR by President Clinton fore we go home for recess during this tion lines, that occurred back then. would be illegal today. The United dangerous and uncertain time. The initial IEA approach for dealing States still owns 563 million barrels of Mr. COVERDELL. Mr. President, I with oil supply disruptions was crude oil in underground salt caverns, ask unanimous consent that the through mandatory allocations—hav- but the President’s authority to sell it amendment be agreed to. ing an international committee decide in response to an emergency has which nation would get how much oil. The PRESIDING OFFICER. Without lapsed. The world has changed since then. objection, it is so ordered. How could we be so vulnerable to 1970s-style command-and-control sup- The amendment (No. 1645) was agreed such clear and present dangers? I re- ply allocations won’t work today. In- to. gret that once again, in the immortal stead, the United States has taken the Mr. BINGAMAN. Mr. President, be- words of Pogo, we have met the enemy, fore we engage in a significant military lead in designing a flexible, market- friendly response to oil supply disrup- and he is us. The Administration has confrontation in the Persian Gulf, the beseeched the Congress, for years now, Senate should thoroughly examine the tions. The new approach relies on a co- ordinated drawdown of worldwide oil to update the legal framework gov- reasons for, and the likely outcomes of, erning the IEA and to renew its author- such action. Many of our colleagues supplies. President Bush pioneered such a system during the 1991 Gulf War, ity to operate the SPR. The Senate has have begun to do so in speeches on this although the oil companies that co- repeatedly and unanimously passed floor over the past several days. I look operated at that time placed them- such legislation. The other body has re- forward to a continuation of this vig- selves in legal jeopardy for having done fused to act, for reasons that are very orous debate when the Majority Leader so. The United States, with the full difficult to understand. brings forward his resolution on this backing of our domestic oil industry, With a major military confrontation topic. has refined this concept and convinced in the Persian Gulf imminent, further I believe that we must also take con- all of the other countries in the IEA to delay is inexcuseable. We cannot allow crete action today, by amending and adopt it. But without passage of a law our economy to be needlessly vulner- passing the bill that is now before us, to facilitate the sharing of information able to, say, a terrorist attack on Mid- to ensure that our nation and our econ- about oil supplies in an emergency, the dle East oil infrastructure. I applaud omy are fully prepared to deal with mechanism cannot be used. the Chairman of the Senate Committee any adverse effect that military action If the world encounters oil market on Energy and Natural Resources for in the Gulf might have on the world’s instability, the IEA will need to know his persistence in trying to resolve this supply of oil from that region. about the location and movement of oil problem. I fully support his amend- About 65 percent of the world’s supplies in order to coordinate a re- ment to H.R. 2472, which provides the known oil reserves lie in the Persian sponse. Most of these oil supplies are President with all the tools he needs to Gulf region. That region supplies one- privately held, so only oil companies respond to an oil supply disruption. In quarter of the oil that the world now have the needed information. Sharing the current situation, to do any less consumes. Although Persian Gulf oil is such information is normally forbidden would be irresponsible. I hope that the responsible for a smaller fraction of under U.S. antitrust laws, which apply other body now acts quickly on this U.S. oil consumption, world oil mar- to the world’s major oil companies by matter. If the House has concerns, let kets are highly interconnected. Any virtue of their operation in this coun- us quickly convene a joint House-Sen- threat to the continued supply of Per- try. But in a genuine emergency, the ate conference to resolve them. If not, sian Gulf oil at current rates of produc- national interest in the free flow of oil then let this bill become law. tion will quickly translate into vola- is far greater than the interest in keep- The PRESIDING OFFICER, Mr. tile, higher prices here in the United ing oil companies from sharing inven- President, I move that the Senate in- States. tory information. Accordingly, there is sist on its amendment to the House, One can see this in the historical already an emergency antitrust exemp- the Senate request a conference with record. After the Iraqi invasion of Ku- tion in law that allows oil companies the House, and finally, that any state- wait, world oil prices rose sharply, and to share information with the IEA, but ments relating to the measure appear American consumers paid accordingly. only to implement the outdated com- at this point in the RECORD. Between August 1, 1990 and December 1, mand-and-control response to an oil The motion was agreed to. 1990, U.S. consumers spent $21 billion crisis, and only if the oil supply disrup- f more for crude oil and petroleum prod- tion is of mammoth proportions. Both MESSAGES FROM THE PRESIDENT ucts than would have been spent absent the Bush and Clinton Administrations that Middle East crisis. Events in Iraq have sought to make this antitrust ex- Messages from the President of the continue to drive world oil markets. On emption apply to the types of oil crises United States were communicated to November 13, 1997, the day that Sad- we are actually likely to see, and to co- the Senate by Mr. Williams, one of his dam Hussein intensified the current ordinated emergency responses other secretaries. crisis by ejecting U.S. inspectors from than mandatory worldwide oil supply EXECUTIVE MESSAGES REFERRED Iraq, the world price of oil rose by 20 allocations. This revised antitrust ex- As in executive session the Presiding cents per barrel. The last time we emption would apply only when infor- Officer laid before the Senate messages waged war on Saddam Hussein, our mation sharing was expressly re- from the President of the United strategy included not only amassing quested by the U.S. government. This States submitting two withdrawals and multilateral military might in the Per- is what we need to enact into law, now. sundry nominations which were re- sian Gulf, but also minimizing the con- Without these changes, the United ferred to the Committee on Armed flict’s economic impact at home. We States could find itself in the absurd Services. appear headed for another major mili- position of being unable to use the (The nominations received today are tary confrontation in the Gulf, but international oil emergency response printed at the end of the Senate pro- thanks to inaction by the other body, system that we ourselves designed. ceedings.)

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S730 CONGRESSIONAL RECORD — SENATE February 12, 1998 MESSAGES FROM THE HOUSE employment in the coastwise trade for the bacco, and for other purposes; to the Com- vessel registered as State of Oregon official mittee on Finance. At 10:15 a.m., a message from the number OR 766 YE (Rept. No. 105–163). By Mr. COVERDELL: House of Representatives, delivered by By Mr. HATCH, from the Committee on the S. 1639. A bill to amend the Emergency Ms. Goetz, one of its reading clerks, an- Judiciary, with an amendment in the nature Planning and Community Right-To-Know nounced that the House has passed the of a substitute and an amendment to the Act of 1986 to cover Federal facilities; to the following bill, with an amendment, in title: Committee on Environment and Public which it requests the concurrence of S. Res. 148. A resolution designating 1998 as Works. By Mr. WELLSTONE (for himself and the Senate: the ‘‘Onate Cuartocentenario’’, the 400th anniversay commemoration of the first per- Mr. GRAMS): S. 927. An act to reauthorize the Sea Grant manent Spanish settlement in New Mexico. S. 1640. A bill to designate the building of Program. the United States Postal Service located at The message also announced that the f East Kellogg Boulevard in Saint Paul, Min- nesota, as the ‘‘Eugene J. McCarthy Post Of- House has agreed to the following con- EXECUTIVE REPORTS OF fice Building’’; to the Committee on Govern- current resolution, in which it requests COMMITTEES mental Affairs. the concurrence of the Senate: The following executive reports of By Mr. MOYNIHAN (for himself and H. Con. Res. 202. Concurrent resolution ex- committees were submitted: Mr. D’AMATO): pressing the sense of the Congress that the S. 1641. A bill to direct the Secretary of the By Mr. HATCH, from the Committee on Federal Government should acknowledge the Interior to study alternatives for estab- the Judiciary: importance of at-home parents and should lishing a national historic trail to com- Richard L. Young, of Indiana, to be United not discriminate against families who forgo memorate and interpret the history of wom- States District Judge for the Southern Dis- a second income in order for a mother or fa- en’s rights in the United States; to the Com- trict of Indiana. ther to be at home with their children. mittee on Energy and Natural Resources. Edward F. Shea, of Washington, to be By Mr. GLENN (for himself, Mr. The message further announced that United States District Judge for the Eastern THOMPSON, Mr. LEVIN, Mr. LIEBER- pursuant to the provisions of section District of Washington. MAN, and Mr. AKAKA): 210(c)(1) of Public Law 105–119, the Jeremy D. Fogel, of California, to be S. 1642. A bill to improve the effectiveness Chair announces the Speaker’s ap- United States District Judge for the North- and performance of Federal financial assist- pointment of the following individuals ern District of California. ance programs, simplify Federal financial as- on the part of the House to the Census Beverly Baldwin Martin, of Georgia, to be sistance application and reporting require- United States Attorney for the Middle Dis- ments, and improve the delivery of services Monitoring Board: Mr. J. Kenneth trict of Georgia for the term of four years. to the public; to the Committee on Govern- Blackwell of Ohio and Mr. David W. Hiram Arthur Contreras, of Texas, to be mental Affairs. Murray of Virginia. United States Marshal for the Southern Dis- By Mr. KENNEDY (for himself, Mr. The message also announced that trict of Texas for the term of four years. JEFFORDS, Mr. KERRY, and Mr. pursuant to the provisions of section (The above nominations were re- LEAHY): 3162(b) of Public Law 104–201, the Chair S. 1643. A bill to amend title XVIII of the ported with the recommendation that Social Security Act to delay for one year im- announces the Speaker’s appointment they be confirmed.) plementation of the per beneficiary limits of the following members on the part of f under the interim payment system to home the House to the Commission on Main- health agencies and to provide for a later taining United States Nuclear Weapons INTRODUCTION OF BILLS AND base year for the purposes of calculating new Expertise: Mr. Robert B. Barker of JOINT RESOLUTIONS payment rates under the system; to the California and Mr. Roland F. Herbst of Committee on Finance. The following bills and joint resolu- By Mr. REED (for himself, Ms. COL- California. tions were introduced, read the first The message further announced that LINS, Mr. KENNEDY, Mrs. MURRAY, Mr. and second time by unanimous con- DODD, Ms. MIKULSKI, Mr. CONRAD, Mr. pursuant to the provisions of section sent, and referred as indicated: AKAKA, Mr. LEVIN, Mr. KERRY, Mr. 955(b)(1)(B) of Public Law 105–83, the JOHNSON, Mr. TORRICELLI, Mr. Chair announces the Speaker’s ap- By Mr. ALLARD: S. 1635. A bill to amend the Internal Rev- KERREY, and Mr. HOLLINGS): S. 1644. A bill to amend subpart 4 of part A pointment of the following Members of enue Code of 1986 to reduce the maximum of title IV of the Higher Education Act of the House to the National Council on capital gains rates, to index capital assets 1965 regarding Grants to States for State the Arts: Mr. DOOLITTLE of California for inflation, and to repeal the Federal es- Student Incentives; to the Committee on and Mr. BALLENGER of North Carolina. tate and gift taxes and the tax on genera- Labor and Human Resources. tion-skipping transfers; to the Committee on The message also announced that By Mr. ABRAHAM (for himself, Mr. Finance. pursuant to the provisions of section LOTT, Mr. DEWINE, Mr. INHOFE, Mr. By Mr. WELLSTONE: 491 of the Higher Education Act, as NICKLES, Mr. COVERDELL, Mr. HELMS, S. 1636. A bill to provide benefits to domes- amended by section 407 of Public Law Mr. COATS, Mr. SESSIONS, Mr. ENZI, tic partners of Federal employees; to the Mr. CRAIG, Mr. KYL, Mr. HATCH, Mr. 99–498, the Chair announces the Speak- Committee on Finance. FAIRCLOTH, Mr. BROWNBACK, Mr. er’s appointment of the following mem- By Mr. TORRICELLI (for himself and SANTORUM, Mr. MCCONNELL, Mr. ber of the part of the House to the Ad- Mr. KOHL): HUTCHINSON, Mr. BOND, and Mr. visory Committee on Student Finan- S. 1637. A bill to expedite State review of GRASSLEY): cial Assistance for a three-year term: criminal records of applicants for bail en- S. 1645. A bill to amend title 18, United Mr. Henry Givens of Missouri. forcement officer employment, and for other States Code, to prohibit taking minors purposes; to the Committee on the Judici- f across State lines to avoid laws requiring the ary. involvement of parents in abortion decisions; REPORTS OF COMMITTEES By Mr. CONRAD (for himself, Mr. to the Committee on the Judiciary. DASCHLE, Mr. KENNEDY, Mr. LAUTEN- By Mr. LAUTENBERG (for himself, The following reports of committees BERG, Mr. REED, Mr. LEAHY, Mr. were submitted: Mr. TORRICELLI, and Mr. BUMPERS): DODD, Mr. BINGAMAN, Mr. DURBIN, S. 1646. A bill to repeal a provision of law By Mr. MCCAIN, from the Committee on Mr. BAUCUS, Mr. DORGAN, Mr. ROCKE- preventing donation by the Secretary of the Commerce, Science, and Transportation, FELLER, Mr. KERREY, Mr. WYDEN, Mr. Navy of the two remaining Iowa-class battle- without amendment: WELLSTONE, Mr. TORRICELLI, Mrs. ships listed on the Naval Vessel Register and S. 1248. A bill to authorize the Secretary of BOXER, Mr. KERRY, Mr. BUMPERS, Mr. related requirements; to the Committee on Transportation to issue a certificate of docu- MOYNIHAN, Mr. JOHNSON, Mr. BREAUX, Armed Services. mentation with appropriate endorsement for Mr. KOHL, Ms. LANDRIEU, Ms. By Mr. BAUCUS (for himself, Ms. employment in the coastwise trade for vessel MOSELEY-BRAUN, and Mr. LIEBER- SNOWE, Mr. LIEBERMAN, Mr. KEMP- SUMMER BREEZE (Rept. No. 105–161). MAN): THORNE, Mr. DASCHLE, Mr. DODD, Mr. S. 1272. A bill to authorize the Secretary of S. 1638. A bill to help parents keep their DURBIN, Mr. LAUTENBERG, Ms. COL- Transportation to issue a certificate of docu- children from starting to use tobacco prod- LINS, Mr. JOHNSON, and Mr. KENNEDY) mentation with appropriate endorsement for ucts, to expose the tobacco industry’s past (by request): employment in the coastwise trade for the misconduct and to stop the tobacco industry S. 1647. A bill to reauthorize and make re- vessel ARCELLA (Rept. No. 105–162). from targeting children, to eliminate or forms to programs authorized by the Public S. 1235. A bill to authorize the Secretary of greatly reduce the illegal use of tobacco Works and Economic Development Act of Transportation to issue a certificate of docu- products by children, to improve the public 1965; to the Committee on Environment and mentation with appropriate endorsement for health by reducing the overall use of to- Public Works.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S731 By Mr. JEFFORDS (for himself, Ms. S. Res. 177. A resolution recognizing, and These changes will provide important COLLINS, and Mr. ENZI): calling on all Americans to recognize, the tax relief for families and businesses, S. 1648. A bill to amend the Public Health courage and sacrifice of the members of the and continue to ensure that our econ- Service Act and the Food, Drug and Cos- Armed Forces held as prisoners of war during metic Act to provide for reductions in youth the Vietnam conflict and stating that the omy remains the most competitive in smoking, for advancements in tobacco-re- American people will not forget that more the world. lated research, and the development of safer that 2,000 members of the Armed Forces re- Mr. President, the new year has cer- tobacco products, and for other purposes; to main unaccounted for from the Vietnam con- tainly brought good news concerning the Committee on Labor and Human Re- flict and will continue to press for the fullest the Federal budget. But let’s be honest. sources. possible accounting for all such members The budget is balancing because of the By Mr. FORD: whose whereabouts are unknown; considered hard work of the American people, not S. 1649. A bill to exempt disabled individ- and agreed to. because of any bold action by the Fed- By Mr. LOTT (for himself and Mr. uals from being required to enroll with a eral Government. Economic perform- managed care entity under the medicaid pro- DASCHLE): gram; to the Committee on Finance. S. Res. 178. A resolution to authorize pro- ance in recent years has exceeded all By Mr. MOYNIHAN: duction of Senate documents and representa- expectations. The result is that the S. 1650. A bill to suspend temporarily the tion by Senate Legal Counsel in United American people have been sending duty on synthetic quartz substrates; to the States f.u.b.o. Kimberly Industries, Inc., et greater and greater amounts of their Committee on Finance. al. v. Trafalgar House Construction, Inc., et earnings to Washington. The budget is S. 1651. A bill to suspend temporarily the al.; considered and agreed to. balancing because of an explosion in By Mr. MURKOWSKI: duty on 2,4-bis((octylthio)methyl)-o-cresol; tax receipts, not because of any re- to the Committee on Finance. S. Con. Res. 76. A concurrent resolution en- S. 1652. A bill to suspend temporarily the forcing the embargo on the export of oil from straint in spending. In fact, the budget duty on 2,4-bis((octylthio)methyl)-o-cresol; Iraq; to the Committee on Foreign Rela- continues to grow at a healthy pace. epoxidized triglyceride; to the Committee on tions. Federal spending in 1998 is estimated to Finance. By Mr. SESSIONS: be 4.3 percent above the 1997 level—well S. 1653. A bill to suspend temporarily the S. Con. Res. 77. A concurrent resolution ex- in excess of inflation. Many would like duty on 4-((4,6-bis(octylthio)-1,3,4-triazine-2- pressing the sense of the Congress that the Federal government should acknowledge the this to continue. yl)amino)-2,6-bis(1,1-dimethylethyl)phenol; The President assured us in a pre- to the Committee on Finance. importance of at-home parents and should S. 1654. A bill to suspend temporarily the not discriminate against families who forego vious State of the Union Address that, duty on 1-Hydroxy cyclohexyl phenyl ke- a second income in order for a mother or fa- ‘‘the era of big Government is over.’’ tone; to the Committee on Finance. ther to be at home with their children; to But it is clear that he is now proposing S. 1655. A bill to suspend temporarily the the Committee on Labor and Human Re- a new era of big Government. duty on 2-hydroxy-2-methyl-1-phenyl-1-pro- sources. I favor a different course. We should pane; to the Committee on Finance. f not squander the people’s surplus on S. 1656. A bill to suspend temporarily the STATEMENTS ON INTRODUCED more Government. Instead, we should duty on bis(2,4,6-trimethyl benzoyl) phenyl begin to pay down the debt and reform phosphine oxide; to the Committee on Fi- BILLS AND JOINT RESOLUTIONS nance. the tax system. We should put Amer- By Mr. ALLARD: ican families ahead of the insatiable S. 1657. A bill to suspend temporarily the S. 1635. A bill to amend the Internal appetite of Washington, DC, for more duty on bis(2,6-dimethoxy-benzoyl)-2,4- Revenue Code of 1986 to reduce the trimethyl pentyl phosphinenoxide and 2-hy- Government spending. maximum capital gains rates, to index droxy-2-methyl-1-phenyl-1-propanone; to the Despite last year’s budget bill, taxes capital assets for inflation, and to re- Committee on Finance. remain higher than they have ever peal the Federal estate and gift taxes S. 1658. A bill to suspend temporarily the been. Tax freedom day—the day to and the tax on generation-skipping duty on (2-Benzothiazolylthio)-butane-dioic which the average American works to acid; to the Committee on Finance. transfers; to the Committee on Fi- pay the combined Federal, State, and S. 1659. A bill to suspend temporarily the nance. duty on calcium bis{monoethyl(3,5-di-tert- local tax burden—is May 9, which is CAPITAL GAINS AND ESTATE TAX REFORM the latest it has ever been. A reduction butyl-4-hydroxybenzyl) phosphonate}; to the LEGISLATION Committee on Finance. Mr. ALLARD. Mr. President, I spent in the Federal debt and a reasonable S. 1660. A bill to suspend temporarily the the month of January attending town level of taxation should be the twin ob- duty on 2-(dimethylamino)-1- {4-(4- jectives of Congress as we enter the morpholinyl)}-2-(phenylmethyl)-1-butanone; meetings throughout the State of Colo- rado. That is one of the things, when I next century. Our job is to ensure that to the Committee on Finance. the bridge to the 21st century does not S. 1661. A bill to suspend temporarily the go back to my State, that I spend a lot duty on N-Ethylmorpholine, cmpd. with 3-(4- of time doing—visiting the counties become a toll bridge. Mr. President, let me begin with a methylbenzoyl) propanoic acid (1:2); to the and visiting with the people of Colo- discussion of capital gains taxes. I call Committee on Finance. rado. Over the years, we continue to By Mr. BINGAMAN (for himself and the capital gains tax the ‘‘growth tax.’’ have the issue of taxes brought up in Mr. DOMENICI): Nearly all Americans own capital, and the town meetings—probably more so S. 1662. A bill to authorize the Navajo In- they experience a tax on that capital now than at any time that I can recall dian irrigation project to use power allo- when they sell the stocks, or a small since having town meetings. cated to it from the Colorado River storage business, or a farm. project for on-farm uses; to the Committee The American people simply want to Mr. President, let’s look at how this on Indian Affairs. have their tax system reformed, par- capital gains, or growth tax, hits ordi- ticularly those in Colorado. They want f nary working Americans. Stock owner- lower taxes, they want a simpler tax SUBMISSION OF CONCURRENT AND ship has doubled in the last 7 years, to system, and they want less intrusive SENATE RESOLUTIONS the point where 43 percent of all adult means of collecting those taxes. The following concurrent resolutions Last year, Congress enacted modest Americans own stock. Obviously, with and Senate resolutions were read, and tax relief, but it was only a first step. those numbers, stock ownership is not referred (or acted upon), as indicated: It’s time to move forward with more just confined to the wealthy; it is By Mr. DOMENICI (for himself, Mr. aggressive tax reform. spread throughout society. Today, half DODD, Mr. COCHRAN, Ms. MIKULSKI, Today, I am introducing legislation of the investors are women, and half Mr. BENNETT, Mr. LIEBERMAN, Mr. that will do four things: are noncollege graduates. Stocks are KEMPTHORNE, Mr. DORGAN, Mr. FRIST, It will continue to reduce the capital typically held for retirement, edu- and Mr. CLELAND): gains tax to a top rate of 14 percent. cation expenses, and other long-term S. Res. 176. A resolution proclaiming the It will restore the one-year holding goals. This is precisely the type of sav- week of October 18 through October 24, 1998, ing and investing that we need in our as ‘‘National Character Counts Week’’; to period for capital gains treatment. the Committee on the Judiciary. It will index capital gains and, there- economy. By Mr. COVERDELL (for himself, Mr. by, eliminate the taxation of gains Mr. President, I can’t leave this topic CLELAND, Mr. SMITH of New Hamp- that are due solely to inflation. without talking about small business shire, Mr. LOTT, Mr. HAGEL, and Ms. And then, finally, it will eliminate owners and farmers. There is no clearer MOSELEY-BRAUN): the estate tax. area where the ‘‘growth tax’’ makes no

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S732 CONGRESSIONAL RECORD — SENATE February 12, 1998 sense. Millions of American families It is already apparent that capital gradually and does not reach the $1 put their lives into building small busi- gains revenues will be coming into the million level until 2006. The bill also nesses and farms. Often, those busi- Treasury at a considerably higher level increased the exemption amount for a nesses or farms are sold to finance a than forecast last year when we were qualified family owned business to $1.3 decent retirement. But this can only talking about capital gains. 1998 cap- million. While both actions are a good occur after Uncle Sam gets his cut of ital gains revenues could be as much as first step, they barely compensate for one-third or more of all the gains. 50% higher than previously forecast. the effects of inflation. The $600,000 ex- Simply put, low taxation makes it Even state governments will benefit emption level was last set in 1987, just less costly to take the risks that are from the rate cut. Earlier this month, to keep pace with inflation the exemp- critical in a capitalist economy. I am analysts for the Colorado Legislature tion should have risen to $850,000 by proposing that we enact a maximum forecast that the capital gains tax 1997. capital gains tax of 14 percent, with changes would result in an additional Incremental improvements help, but those in the lowest tax bracket paying $38 million this year for the Colorado we need more substantial reform. It is only 7 percent. Last year’s reduction of state budget. time to eliminate this tax entirely. the capital gains rate was a big plus, Obviously, the impact at the federal This action has been taken in countries but it came with a price—the holding level will be many times greater. such as Australia and Canada. Unfortu- period required to qualify for the lower ESTATE TAX ELIMINATION nately, the United States retains what tax was extended from 12 months to 18 The final provision in this tax bill is are arguably the highest estate taxes months. the elimination of the estate tax. in the world. The holding period change is a poor Frankly, the estate tax makes no Among industrial nations, only attempt by the Government to micro- sense. Japan has a higher rate than the U.S. manage the economy. This is the type While the tax raises only 1 percent of But Japan’s 70% top rate applies only of Government management that has federal revenues, it destroys family to inheritance of $16 million or more. so clearly failed in Asia. A market businesses and farms. The U.S. top rate of 55% kicks in on es- economy functions best when capital The estate tax is double taxation. tates of $3 million or more. France, the flows freely, unencumbered by Govern- At the time of a person’s death, much United Kingdom, and Ireland all have ment distortions. The holding period of their farm, business, and life savings top rates of 40%, and the average top for long-term capital gains treatment has already been subjected to federal, rate of OECD countries is only 29%. has been 12 months for years, and it state, and local tax. These same assets Repeal of the estate tax would ben- should stay that way. are taxed again under the estate tax. efit the economy. George Mason Uni- Mr. President, an additional mistake The estate tax fails to distinguish be- versity Professor Richard Wagner esti- that Congress made in last year’s bill tween cash and non-liquid assets. mates that within seven years of elimi- was a failure to include indexing. The Family businesses are often asset- nation of the estate tax the output of real ‘‘growth tax’’ is often much higher rich, and cash poor. But the value of all the country would be increased by $79 than 20 percent. This is because our assets must be included in the taxable billion per year, resulting in up to Tax Code does not protect Americans estate. 228,000 new jobs. Under the current sys- from taxation on capital gains that re- This can force liquidations, and fam- tem, the energy that could go into sult from inflation. This is one of the ily businesses can see their livelihood greater productivity is expended by most unfair aspects of the growth tax. eliminated in order to pay a tax of up selling off businesses, dividing re- Government policies contribute to in- to 55 percent. Yes. That is right—up to sources and preparing for the absorp- flation, and Government turns around 55 percent. tion of an estate by the government. and taxes its citizens on that inflation. This practice threatens the stability For this reason, I fought hard to see Those businesses that survive the es- of our families and communities while that indexing was included last year. I tate tax often do so by purchasing ex- inhibiting growth and economic devel- offered an amendment to the tax bill pensive insurance. A 1995 Gallup survey opment. that would have added indexing. The of family firms found that 23% of the The National Center for Policy Anal- amendment was carefully structured to owners of companies valued at over $10 ysis reports that a 1995 survey by Trav- avoid any revenue loss. Obviously, I million pay $50,000 or more per year in is Research Associates found that 51 was disappointed with the defeat of insurance premiums on policies de- percent of family businesses would this amendment. I presume that this signed to help them pay the eventual was due largely to the President’s op- have difficulty surviving the estate tax bill. position to indexing and his veto tax, 14 percent of business owners said The same survey found that family threat. Despite this, we got a strong it would be impossible to survive, 30 firms estimated they had spent on av- vote, and I promised that I would be percent said they would have to sell erage over $33,000 on lawyers, account- back. part or all of their business. ants and financial planners in order to I have included indexing in this bill, This is supported by a 1995 Family prepare for the estate tax. and I fully intend to offer this at each Business Survey conducted by Matthew Ironically, the estate tax is often jus- opportunity. Some have dismissed in- Greenwald and Associates which found tified on the grounds that it helps to dexing as ‘‘too costly,’’ but for me this that 33% of family businesses antici- equalize wealth. But this effect is is an issue of fundamental fairness. It pate having to liquidate or sell part of greatly exaggerated. A 1995 study pub- is wrong for the Federal Government their business to pay the estate tax. lished by the Rand Corporation found to tax citizens on inflation. Recently, the accounting firm Price that for the very wealthiest Ameri- Since I mentioned the issue of cost, Waterhouse calculated the taxable cans, only 7.5% of their wealth is at- let me make a few points on this. I components of 1995 estates. While 21% tributable to inheritance—the other have long maintained that a capital of assets were corporate stock and 92.5% is from earnings. gains tax cut will increase revenue. In bonds, and another 21% were mutual Mr. President, it is time to repeal the short run, it encourages the sale of fund assets, fully 32% of gross estates this outdated tax. We must insist that assets that would not otherwise occur. consisted of ‘‘business assets’’ such as no more American families lose their This obviously increases revenue. stock in closely held businesses, inter- business because of the estate tax. We In the long run, a rate cut facilitates ests in non-corporate businesses and must ensure that when a family is cop- a higher level of economic growth. This farms, and interests in limited partner- ing with all the inevitable costs of also results in greater tax revenue. ships. In larger estates this portion passing a business from one generation Unfortunately, during last year’s tax rose to 55%. to the next, the Federal Government is debate, we continued to operate under Clearly, a substantial portion of tax- not there as an added burden. revenue models that forecast a loss to able estates consists of family busi- Mr. President, it is my hope that by the government from the capital gains nesses. introducing this tax legislation and rate cut. The recent tax bill increased the es- placing these proposals on the table we I hope we can soon put this notion to tate tax exemption from $600,000 to $1 can begin to debate significant tax re- rest for good. million. However, this is done very lief for 1998.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S733 Each of these changes: a lower cap- married spouses and their children, but For example, Marieta Louise Luna is ital gains rate, indexing, and repeal of more and more, governments, univer- a graduate student studying in the Di- the estate tax, are consistent with sities, and private businesses have been vinity School at Duke University. She long-term tax reform. And each of making a different choice. Business says, them can be enacted this year. and organizations like the San Fran- I just returned home from the hospital on cisco 49ers, Reader’s Digest, Starbucks, Thursday night from having a knee replace- By Mr. WELLSTONE: Coors, Ben and Jerry’s, Kodak, Disney, ment made possible largely because of the S. 1636. A bill to provide benefits to the Union Theological Seminary, the fact that Kathryn is a Duke employee and I domestic partners of Federal employ- Episcopal Diocese of Newark, the Inter- have domestic partner benefits. ees; to the Committee on Finance. national Brotherhood of Electrical Guaranteed, I could not have had the sur- gery if I had not had domestic partner bene- THE DOMESTIC PARTNERSHIP BENEFITS AND Workers #18, Mattel, the Vermont Girl fits. For me, it was the literal difference be- OBLIGATIONS ACT OF 1998 Scout Council, and more than 50 For- tween walking and being handicapped for the Mr. WELLSTONE. Mr. President, tune 500 companies have made the next several years. last October, Congressman BARNEY right choice to offer domestic partner- And at a cost of less than 1% of the FRANK broke new ground when he in- ship benefits. A more fair and equitable total benefits budget—or less—it is troduced HR2761, the Domestic Part- choice. A more humane choice. truly worth making this investment. nership Benefits and Obligations Act of I am disappointed that domestic Some might be afraid that domestic 1997. I am here today to break ground partnership benefits have already been partnership policies could open the in the Senate by introducing the Do- offered in some cities and by some door to fraud with people signing up mestic Partnership Benefits and Obli- businesses since 1982 but here we are in their friends in order to get health in- gations Act of 1998. This bill does not 1998 and we’re just now talking about surance. introduce new benefits; it simply ex- them here in the Senate. Today there Most employers never ask for tends existing benefits to a previously are at least 42 cities and municipali- verification of a heterosexual mar- uncovered group of employees for very ties, 12 counties, 1 state, and 342 pri- riage. I have never been asked to pro- little cost. vate sector for-profit and not-for profit Mr. President, let me take a moment businesses and unions which offer do- vide a marriage certificate to prove I’m to outline my bill. This bill provides mestic partner benefits. The good married, and I doubt that many of you benefits for same-sex domestic part- news, though, is that we have more have either. ners of civilian, federal employees. than 15 years worth of employers’ expe- But my bill has stringent require- Partners must be living together, in a riences with providing these benefits. ments for qualifying as domestic part- committed, intimate relationship, and By virtue of our vote on DOMA, we ners. Among other requirements, part- responsible for each other’s welfare and have said that same-sex couples cannot ners must sign an affidavit certifying financial obligations. It provides access marry. But that doesn’t mean that peo- that they share responsibility for a sig- to five categories of benefits in the ple in long-term, loving, and com- nificant measure of each other’s com- same way that married spouses have mitted relationships don’t deserve to mon welfare and financial obligations. access: participation in retirement pro- have the opportunity to provide their And they must show documentation to grams, life insurance, health insurance, loved ones with health insurance, sur- prove it—such as copies of a mortgage compensation for work injuries, and vivor benefits, and other benefits. Do- or lease with both names on it, copies upon the death of a government em- mestic partnership legislation levels of bank statements showing joint ployee, the domestic partner would be the playing field for same-sex partners checking or savings accounts, copies of deemed a spouse for the purpose of re- who are not allowed to marry. This bill durable powers of attorney for property ceiving benefits. is aimed at correcting that inequity. and health, or copies of wills specifying This is a bill about justice, about Here is the story of how not having do- each other as the major recipients of fairness, about equity in the work- mestic partnership benefits effected each other’s financial assets. place. This bill is about saying to our one couple’s lives: In addition, my bill specifies serious gay and lesbian employees, ‘‘We value Anonymous: My partner and I have been consequences for fraud, including the your contribution to the workplace, together for almost six. About a year ago, he possibility of disciplinary action, ter- and to show you we value you, we’re had to leave work due to a serious heart con- mination of employment, and repay- dition. Since my employer doesn’t include ment of any insurance benefits re- going to protect your families, like we domestic partnership benefits, we had to pay protect the families of married employ- ceived. all of his expenses out of pocket. For quite Finally, there are criminal statutes ees, by providing them with benefits.’’ some time I had to support him from my sal- that provide that making false state- It is about providing the opportunity ary, or else he would have ended up on wel- for same-sex domestic partners to pro- fare. We are still scrimping and saving to try ments and defrauding the government vide their partners—who previously and pay off the health care expenses that are crimes which can result in a fine have been denied—access to such bene- should have been covered by my insurance (if and/or imprisonment up to 5 years. fits as health insurance. we had dp benefits). Almost all of my hetero- The bottom line is that this bill cre- sexual friends have been ‘‘married’’ less time For many people in this country, in- ates serious consequences for fraud, es- than my partner and I and received benefits tablishes that every effort will be made surance benefits for their loved ones immediately after the marriage. Their rela- are automatic, they are expected, they to minimize fraud by those falsely tionships seem no more permanent than my claiming to be domestic and specifies are the norm. But benefits didn’t start own. When my partner and I have been to- out that way. In fact, they are a rel- gether for fifty years, we will still not have that those caught will be seriously atively modern invention. Benefits in insurance for him through my employer. punished. the form of compensation were created Not only are domestic partnership Let me tell you one more story: in the 1940’s, essentially to increase benefits fair and just, they cost very Anonymous from Minnesota: I have had compensation for some employees who little. Employers have found that upon the same health care benefits package for implementing domestic partnership nearly 16 years. I began family coverage were prohibited by law from getting when I married in 1978. Our two children pay increases. So instead of more pay, benefits, one percent of all employees— were added when they were born. My ex-hus- employers paid for certain products at most—actually sign up their same- band remained on my insurance policy after and services such as health insurance sex partners for benefits. And more we divorced—at no additional cost—even to take care of their employees and to often, it is less than one percent. Even though we were not legally married. make their businesses more attractive taking the most liberal figures, there is I am now in a committed lesbian relation- to potential employees. For gay men no legitimate reason to argue that ship. My partner had been teaching part- and lesbians, most of these benefits are more than 1% of our almost 300,000 fed- time in a private school for two years before eral civilian employees will enroll. And she became eligible for health insurance completely inaccessible. through her employer. Two weeks before her But where is it written in stone that even though this is a relatively small insurance was to take effect she was stricken only married spouses and their chil- number of employees—at most 30,000— with severe abdominal pain. Though we con- dren deserve benefits? Yes, many em- let me tell you, these benefits are of sidered ‘‘toughing it out’’ until her insurance ployers have chosen to limit benefits to critical importance to those who do. kicked in, it became increasingly clear that

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S734 CONGRESSIONAL RECORD — SENATE February 12, 1998 she needed to be treated immediately. She plan only provides medical premium reim- partnership will do little for the dual career had a large, twisted ovarian tumor removed. bursement for partners and their dependents, gay couple, where both individual are in By the time of the surgery, her insurance R and S incurred significantly higher costs good jobs—it’s going to make a difference for was in place. We breathed a sigh of relief. for M’s birth than for L’s birth. gay couples who have families, or have one Months later we learned that because her Specifically, the couple pays out $526 every partner who is uninsured. Allowing gay cou- pain started (and was briefly treated) before 3 months for S and M’s insurance policies ples to insure their partner and partner’s her insurance began, the claim for coverage which each have a $500 deductible (the Uni- children through their workplace insurance for the surgery and hospital stay were dis- versity plan has no deductible and low could also help some individuals get off gov- allowed because there was a pre-existing con- copays for dependent care). Reimbursement ernment assistance. dition exclusion in her insurance policy. We from the University for this cost takes addi- Kirk A. Nass: My domestic partner and I are now faced with over $5,500 (plus 12% in- tional 3 months after the couple pays. Due to have been together nearly 14 years. My part- terest per year) in medical bills. This may IRS regulations, which do not recognize the ner, Michael E. Gillespie, was an attorney in not seem like a lot of money to some people, partners as a couple, the University’s reim- Seattle when we met, now he is self-em- but it certainly is to us. And it’s money that bursement to the employee is taxed. The end ployed and runs a business in Oakland which wouldn’t have had to be spent at all if she result of all the complications of this system provides physicians as expert witnesses to had been on my family coverage all along. for the couple is that they have $1,500 in out- lawyers and insurance companies for plain- So why is it that my ex-husband (no legal standing debt for unreimbursed health pre- tiff work. Michael’s past employers never relation) was entitled to continue receiving miums. In addition, they were charged $1,000 provided good medical coverage, if they pro- benefits until he married, but my life part- in deductibles plus higher copays for M’s vided it at all. In 1989 I finished graduate ner has had to go without medical insur- birth. They have had to take out a loan to school and started a job with Chevron. Mi- ance? The answer is simple—discrimination. cover these health care related expenses. chael quit his job to move with me to the Becky Liddle: I am a tenured associate San Francisco Bay Area. Chevron provides This is a bill about fairness. This is professor. My domestic partner quit her job excellent health coverage to its employees, about equity in the workplace. This is and moved here to Alabama in June of ’97, as but I was unable to cover him because do- about protecting employees’ loved the ‘‘trailing spouse’’ in a dual career couple. mestic partners were not eligible for cov- ones. It’s the right thing to do. We thought she would find work very quick- erage at the time. The prospect of him hav- Mr. President, I ask unanimous con- ly. But due in part to sexual orientation dis- ing a major medical event and us not being crimination in hiring, she has been unable to sent that additional material be print- able to pay for it bothered me for years. ed in the RECORD. find professional work and health benefits. She is working full-time for Kelly Services, After starting his own business five years There being no objection, the mate- ago, he joined an HMO (Kaiser Permanente, rial was ordered to be printed in the which does not include health benefits. We brought her a 4-month hospitalization policy No. Calif.) under an individual plan. In 1995 RECORD, as follows: before she quit her job, assuming that would he was diagnosed with Type II diabetes; in ADDITIONAL STORIES REGARDING DOMESTIC be more than enough time—it wasn’t. She 1996 he suffered a heart attack and under- PARTNERSHIP BENEFITS has no health insurance. We have looked at went an angioplasty to open the blocked ar- Wendy I. Horowitz: My partner was ill for policies she could buy herself, but they are tery. Because of his HMO coverage, all of his almost a year. I worked for a large conserv- extremely expensive, and cover very little. diabetes care, his stay in intensive care, and ative company that never considered imple- My university will not allow me to put my the angioplasty were covered. He’s now in menting domestic partner benefits. After domestic partner on our insurance (in fact, excellent health. If his business failed—even seeing one of my co-workers get married and Blue Cross of Alabama explicitly states in its if he still worked for some of his past em- have instant coverage for her husband (after policy that ‘‘spouse’’ is limited to someone ployers—we would not have had the financial they had been married for a day), I decided of the opposite sex). Consequently, every resources to pay for his cardiac care. to apply for benefits for my partner. They time she gets sick it is a crisis, and we make On Jan. 1, 1998, Chevron began extending were denied. Her illnesses were related to her potentially life-threatening choices about medical and dental coverage (and some other tonsils, and the doctors suggested that she whether she should go to the doctor. For ex- benefits) to the same and opposite sex do- have them removed. I had to come up with ample, she got pneumonia a few weeks ago. mestic partners of employees and the part- the money to pay for this surgery (over $4,000 This is, she had all the symptoms of pneu- ners’ eligible children. The coverage Chevron by the end of it all), which put a great finan- monia, according to our Time/Life ‘‘medical provides for Michael through Kaiser is even cial burden on us and on our relationship. advisor—complete guide to alternative & better than what he was paying for himself Jim and Hal: As an employee of the State conventional treatments’’ book, which has at Kaiser. It’s the first time since we’ve been of Maryland (through my graduate become her primary care ‘‘physician’’. The together he’s had full coverage and the first assistantship), I receive comprehensive book said if it was viral she should just go to time I haven’t had to worry. health benefits. Although I could share my bed, but if it was bacterial it could be life Having domestic partners benefits such as benefits with a married spouse, I am not able threatening. It appeared from her symptoms medical coverage is important to us because to do a thing for my partner Hal. Hal is an- to be viral, so we did not spend the money to it makes me sure that the most important other ‘‘starving student’’; he is in a doctoral go to a doctor. This time we were right. She person in my life can be taken care of when program at American University. Unfortu- recovered fine in about a week. Of course, if he needs to be. The experiences we’ve gone nately, American does not offer full health we’d been wrong, she could be dead. I think through together, although they’ve led to coverage to its graduate assistants, so Hal is we make good decisions about how to spend successful conclusions, have shown too often having to make do with emergency health our limited health-care dollars. But I ought that ‘‘what-if’’ scenarios can be all too real. coverage. This has adversely affected us in to be able to put her on my insurance. Dan Ross: My partner of 5 years has cere- two ways. First, we have to cover Hals’ reg- Eva Young: I live with my partner of 10 bral palsy (a congenital condition; in his ular health maintenance (e.g., dental check- years in Minneapolis. I have benefits through case, it creates overly-tight muscle tone). ups) which is a strain on our already my work place. Even though the University After orthopedic surgery to correct some as- stretched budget. Second and more impor- of Minnesota offers ‘‘domestic partnership’’ pects of his gait, he had to make significant tantly, Hal has a heart problem for which benefits, these don’t work for us. To be able changes to his walk, and work on daily regular appointments with a cardiologist are to get pretax benefits (analogous to what a stretches, most of which require assistance. recommended. We are not in a position to married couple get), we would have to de- He is (and was) able to walk on his own, al- pay specialist fees out-of-pocket; thus, we clare my partner a dependant. This is de- though now does so with a cane. He travels are unhappily have to settle for doctors at grading to my partner. Although I currently quite a bit for his job and works long hours, American University’s health center. have a better job than she does (it pays bet- so it is difficult for us to work on this on a U Minnesota: R and S are their late 30’s, ter and is permanent), it doesn’t mean we regular schedule. He can’t take a leave of ab- and they have been in a committed relation- should have to declare her a dependant (with sence form his job, or even temporarily re- ship for 20 years. S is self-employed as a all the negative connotations that has) in sign, to work on physical therapy full-time, psychotherapist and is registered with the order to get the benefits we are both entitled because he absolutely needs his health insur- University as R’s domestic partner. to. To add insult to injury, I am taxed at the ance and he is afraid of jeopardizing that. Four years ago, R gave birth to the cou- single rate, even though I am primary bread- (Some insurance plans even make cerebral ple’s first child L. R was able to put L on her winner for a family of 4. I consider this an palsy a ‘‘pre-existing condition’’.) My health health insurance policy as a dependent. The equal pay for equal work issue. Why should insurance won’t cover him, of course, and couple incurred no additional cost or addi- I get paid less than my married coworker, until recently, I wouldn’t have been able to tional deductibles for L’s birth or subsequent just because I am not legally married? take sick leave to stay with him in the hos- medical treatment. Not having the same benefits that a het- pital and at home. He was bedridden for a Three years later, S gave birth to the cou- erosexual married couple keeps my family in total of two weeks after the surgery. As it ple’s second child M. Because the University poverty. My family would not be in poverty was, I hurried back and forth between work only recognizes formal adoption (not guard- if we had the same rights as married couples and home, because I had just begun a new ianship) for direct dependent coverage, M is do. It’s that simple. This isn’t something job, and didn’t want to make a bad impres- only listed as S’s child and not R’s child. that is just for the gay couple—it also will sion there; but he had scheduled the surgery Since the University’s domestic partnership affect a lot of children. Actually, domestic for around Christmas, so there were many

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S735 people off on vacation time during that pe- efit for married couples only; if we had been legal practice. My partner has never had a riod. The issue of domestic partnership bene- married, the additional coverage would have PENNY of coverage during the 34 years I’ve fits—whether equity in providing health in- cost $60. Instead, I had to pay $175 monthly worked as a professor at the University of surance, or even just uniform treatment in so that she would have less adequate health Minnesota. And, even more unfair, if I were granting sick/caregiving and bereavement insurance than I have. Since she needed sur- killed by a drunk on the freeway on the way leave—is important to us as a result. gery within months of moving here, with a home tonight, she would not even get a con- Pam Herman-Milmoe: I am a federal em- long recovery period, she also could not earn dolence letter from the University. Instead ployee and Sara has just finished her Mas- money to help with expenses. We had to she would get a check for the ENTIRE ters Degree in Clinical Psychology. While spend money on a lawyer to get documents amount of my retirement—considerable she was in school she had access to limited assuring the hospital that I (an ‘‘unrelated’’ after 34 years. Furthermore, she would have benefits, but now that she is job hunting she person) could make decisions for her were to pay the federal government approxi- is completely uninsured. She is working in a she to be incapacitated, etc. Furthermore, mately $90,000 at tax time because of her paid internship position that is providing she could not avail herself of the physical ‘‘windfall.’’ (How amazing to consider it a great experience and a real service to the recreational facilities at the college since windfall to have your beloved partner of 20 community, but no benefits. As she moves on she was not a bona fide spouse. I had to pay years killed.) in her career she would like to establish her a membership fee for her to join a ‘‘Y’’ so she My neighbor’s wife would get a condolence own practice, but if she does she’ll have to could use the physical exercise equipment letter from his firm explaining to her her op- pay for her own benefits without any sup- she needed to recover from her surgery. All tions for collecting his retirement funds. She port. The practice of denying benefits to do- in all, not having our partnership recognized is smart and would choose to have them de- mestic partners puts us at a severe economic has cost me a bundle. layed until she is older and then to have disadvantage compared with my coworkers. Mindy Kurzer: My partner Linda and I them parceled out over time so that she They can use the money their spouses save have been in a committed relationship for 7 would pay next to no taxes on them. on benefits for investments and other pur- years and have a 2 year old daughter named Nancy: I am in Texas on internship. Rose, poses. Sara and I plan on having children, Della. I was very pleased when the Univer- my partner, is back home in Minnesota. Rose who will be covered by my benefits, but sity of Minnesota instituted a domestic part- has fibromyalgia/chronic fatigue syndrome money that would support their education ner policy about 3 years ago. This policy has and a number of other health problems. She and upbringing will have to go to pay for helped our family, because Linda is self-em- is in the process of leaving her job and apply- benefits for Sara. ployed and previously carried only cata- ing for disability. Partly because of her Steve Crutchfield: A year ago, my partner strophic coverage with lots of exclusions for health problems, we would like to relocate of 22 years was fired from his job. When he pre-existing conditions. Since the U of M permanently to Texas. However, it will take lost his job, he lost his health insurance ben- started this policy, we have been able to pur- several months for her disability claim to be efits. He was able to maintain benefit chase a very comprehensive medical policy processed so she can get on Medicare. She through a COBRA plan, but it cost us an ad- for her. This has turned out to be extremely can continue her insurance coverage under ditional $150 per month to maintain his important, because she was in a car accident COBRA, but that would only be good in Min- health benefits. Now that his COBRA bene- 2 years ago, and sustained serious injuries nesota, since her coverage is with a local fits are expiring, he has to buy individual for which she underwent two surgeries and HMO. I can’t put her on my insurance due to medical insurance at a cost of over $300 still requires medical treatment. With her lack of domestic partner benefits. So we’re month. current health insurance, we have been able faced with a number of unattractive options: If we had a domestic partner benefits law to get her excellent care—without it, I doubt (1) I could look for a job in Minnesota, even in place, I could have put him under my in- we would have been able to do so. though both of us would rather move south surance benefits as the spouse of a Federal Domestic partner benefits are important to and that move would be good for Rose’s Government Worker. However, since our re- our community, but I think they are also health. (2) She could move here and be with- lationship is not recognized as a marriage, I important to the broader society. I have had out insurance coverage for her multiple am unable to enjoy the medical insurance numerous opportunities to leave the Univer- health problems until she is approved for dis- benefits accorded to my colleagues who are sity of Minnesota and have chosen to stay ability. (3) We could prolong our geographic in traditional marriages. here in part because the University has separation and have the expense of maintain- David Perkins: My partner of fifteen years shown a commitment to reducing discrimi- ing separate households until she gets on dis- came with me to Champaign-Urbana, Illinois nation. As more and more businesses and ability, which can be a very long process. I in order that I might take a job. We have Universities institute domestic partner bene- think this is typical of the difficult choices been here over three years and he has not fits, institutions that do not (including the gay and lesbian couples are forced to make been able to find anything other than part- government) may be disadvantaged when it without domestic partner benefits. time work that offers no benefits. Because comes to getting and retaining top-notch Julie Ford: My name is Julie Ford, I am the state or the University does not extend employees. the Director of News and Public Affairs for a benefits to same-sex partners, he is without Sibley Bacon: I work for Peoplesoft, Inc. television station in Sarasota, Florida. My any health benefits whatsoever—and as he who provides domestic partner benefits to partner is Vicky Oslance, who is a surgical will soon turn forty-five years old, health in- same sex couples. My partner, and I have technician by trade but who has chosen to surance is too expensive for us to pay out-of- been together for 4 years * * * she is self-em- work per diem instead of full time in order pocket. If anything, should happen to him— ployed, so we opted to have her covered to maintain our household since my full it will either completely wipe me out finan- through Peoplesoft. This year she developed time job is very demanding and time con- cially, or he will be thrown on the mercy of a 5.5 cm dermoid tumor on one of her ovaries suming. Working per diem, she of course has the taxpayers as an indigent case. Not a dra- which was causing her a great deal of pain on given up health benefits. This is an added ex- matic story, true—but a fear we live with a daily basis. Our health insurance paid for pense for us, one that the other married de- daily. the surgery and follow up visits. This would partment heads at my workplace do not have Anonymous: My partner and I have 3 chil- have cost us thousands of dollars had we not to deal with. I an my partner have been to- dren ages 15, 13 and 3. I gave birth to the first had the coverage through Peoplesoft. Addi- gether nearly 9 years . . . longer than most 2 before getting together with her. The tionally she’s been able to see a physical of the married people I work with. We main- youngest one we had together. Shortly after therapist to address some old gymnastics in- tain a joint checking account, stock port- the arrival of our youngest, the opportunity juries. Needless to say, I am eternally grate- folio, and own property together. It is to- arrived that I could stay home and care for ful that my company provides these benefits tally unfair for me to have to pay an out- her instead of putting her in day care. But in to its gay and lesbian employees. Domestic rageous amount to insure Vicky’s health quitting my job I also had to give up my partner coverage will certainly be a deciding when other married people at my workplace health care benefits. My partner’s company factor in the future if I ever end up looking can get inexpensive company health insur- does not offer domestic benefits so I am not for a job outside of Peoplesoft. ance for their spouses. covered for my asthma medication that I Toni A.H. McNaron: My partner, and I have Susan Hagstrom. When I was hired by UC need to breath. I also am a high risk for been in a committed relationship for almost Berkeley five year ago, I was struck by the breast cancer due to family history (mother, 20 years (our anniversary is in June). We own lack of equal compensation for equal work. grandmother and 3 sisters) but I agreed to a large home in south Mpls., pay lots of prop- What I did not know then was how close to stay home for the benefit of all our children. erty taxes, earn well over $100,000 a year, and home this inequality would hit. Anon: My (same-sex) partner moved in are the first people in our neighborhood to I recall vividly the day Debra, my partner with me in Pennsylvania two years ago. She shovel our walks in winter. of seven years, suffered an excruciating rup- had been self-employed (a clinical psycholo- One of our very nice heterosexual neigh- tured disk. I cried as I watched her in so gist with a private practice) in CO. We are/ bors just married his girlfriend and some- much pain that she could not stand, sit, or have been in a long-term committed rela- times doesn’t shovel until the next day. work and had to literally crawl to the bath- tionship for three years. She had been paying The moment he and she signed the mar- room. I cried when she refused to get an MRI her own health insurance, but since she gave riage license, she had his full health cov- because we couldn’t afford the $1000 proce- up her income to move here, she had no way erage and retirement plan benefits from his dure or the expensive doctor visits. I cannot of continuing to pay it. My employer (a col- quite successful legal coverage and retire- fully describe to you how difficult this lack lege) has a subsidized health insurance ben- ment plan benefits from his quite successful of benefits has been for me and for Debra.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S736 CONGRESSIONAL RECORD — SENATE February 12, 1998 Lori Stone: Until recently, my partner had firm. Jim’s employer does not offer benefits cel the trip or to send someone in my place. a job that provided a much inferior benefit to unmarried partners/dependents of its em- I was up for a promotion and I was afraid plan to my own. Because the deductible on ployees. Jim and Joe can’t afford to pay the that to acknowledge my sexual preference to her plan was so high, she would often elect $160.00 per month for Joe’s health insurance, this person, who I knew held fundamental re- not to get treated for illness, preferring just and since Joe is only 38 years old, they hope ligious values, would compromise my work to ‘‘ride it out.’’ Of course this was a risky the risk of health problems is low, and decide and my livelihood. way to go, and it back-fired on us, when she that he will have to go without coverage. I ultimately equivocated and asked if I came down with kidney stones, and was Within a year, Joe is diagnosed with Crohn’s could send someone else on the trip, because eventually hospitalized. The physical trau- disease and requires surgery, treatment and my ‘‘housemate—slash(/)—best friend needed ma plus the debts we have incurred, because ongoing medications that are very expensive. my support. As you might guess, this didn’t I was unable to cover my partner’s expenses, Joe quits school under the financial pressure sound sufficiently persuasive and I left on have been difficult to surmount. to look for a job that offers health benefits. the trip (shortened by two days) with the I currently work for an organization that Joe gets a job quickly and applies for health ‘‘blessing’’ of my partner, who, of course, was has excellent medical benefits but no provi- coverage, but the insurer will not cover any in shock. I succumbed to fear and in doing so sion for me to be able to cover my partner’s costs associated with Joe’s pre-existing con- compromised my own humanity and my medical expenses. If I had been able to cover dition of Crohn’s disease. bond with my partner. It is still deeply pain- my partner under my plan, I believe we ful for me to remember the coerciveness of PERSONAL STATEMENTS—UNIVERSITY OF wouldn’t be in the unfortunate financial sit- the situation, the fear and intimidation that MINNESOTA uation that we are today. I experienced, and my own personal failing. Thanks so much for taking this bold move. Selected personal statements of gay and It was one of the most demeaning and de- I pray for the day when I won’t feel so lesbian University employees on the impact humanizing experiences of my life. I ask disenfranchised in my own country. of not having equal benefits. those of you who are married to imagine DOMESTIC PARTNER BENEFITS—VIGNETTES— 1. The University should honor its non- having to make such a choice: imagine hav- CLV/GLCAC discrimination policy statement by elimi- ing to ask permission to be with your griev- [First case] nating all polices that discriminate on the ing partner. There are no reparations the Bill and his partner Joseph have been liv- basis of sexual orientation. The University University can offer me to recast the past. I ing together in a committed relationship for should recognize domestic partnership cou- would, however, like to think that the Board 8 years. Bill worked as an attorney for a ples as they do married couples. I simply of Regents and central administrators have large Minneapolis firm for 12 years before he want for my family what a married employee the compassion and courage to act now so was diagnosed with MS and had to leave his can count on for his/her family. If, as an em- that others will not be confronted with such job within a year from diagnosis. Joseph ployee they receive a benefit, so should I. a choice. works as a maintenance engineer for the The solution is to provide similar benefits to 3. The University is discriminating on the State of Minnesota. Bill’s income was two domestic partnership couples or remove the basis of sexual orientation. My family times Joseph’s current income when he was benefits from married couples. As employees doesn’t receive the same benefits as families able to work. The benefits Bill received on of the University we should have the same of heterosexuals. the firm’s short term disability plan have ex- treatment. Gays and lesbians employed by I have had the Group Health Plan benefits pired, and no long term disability plan was the University have been systematically ex- package for nearly sixteen years. I began in place. Bill requires 24 hour care, but is not cluded from benefits that have been provided family coverage when I married (1978), add- yet eligible for inpatient nursing care. to their heterosexual colleagues with whom ing my spouse at a nominal monthly fee to Bill’s doctor visits and medications are they work side by side, sometimes per- the single coverage I already carried (which covered by Medical Assistance. Medical As- forming exactly the same work. That is very was paid in full by the University). When my sistance will not, however, pay for the cost wrong and needs to be corrected! children were born (1983, 1986) the cost of of Bill’s in-home care attendants. Bill’s doc- On a personal level, for the 25 years I have family coverage didn’t change. In fact, the tors have recommended 24 hour care. Joseph been employed at the University I have been cost of family coverage is constant no mat- must continue to work to pay household ex- denied the full employment status and bene- ter how many dependents you have on the penses. The loss of Bill’s income and medical fits provided to my heterosexual colleagues. policy. I was amazed to learn that the cost of and care expenses have forced the men to sell This has cost me dearly financially, and has family coverage (including coverage for my their home and trim many other expenses. sent me the message that who I love is not ex-husband) remained the same even after The insurance plan offered by Joseph’s em- valued. This treatment tells me that my getting a divorce. My ex-husband remained ployer would cover the cost of in-home care family concerns are not important to the on my insurance policy—at no additional for the spouse or dependent of the employee. University. Although I am also an employee cost—even though we were not legally mar- The State of Minnesota does not, however, of the University I am not provided with the ried. offer health care benefits for unmarried part- same health care security for my family as I am now in a committed lesbian relation- ship. My partner and I have a relationship ners of its employees. At the rate Joseph is are my married colleagues. spending money to pay for Bill’s care, it is Finally, as I approach retirement, I am every bit as stable and committed as a mar- likely that he will have to leave his job at outraged to find out that my partner can not riage, but we are not entitled to the same benefits I enjoyed when I was married. the State, collect public assistance and care defer taxes upon receiving my retirement My partner had been teaching part-time in for Bill himself. money in the case of my death as a married [Second case] a private school for two years before she be- spouse is able to do. This amounts to a huge came eligible for health insurance through Debra and Sara have been living together financial loss for my partner and other gay her employer. Two weeks before her insur- in a committed relationship for five years. and lesbian employees and their partners. ance was to take effect she was stricken with They own a home together and have made Imagine your spouse having to pay 28% of severe abdominal pain. Though we consid- other major purchases together. Debra and $250,000 ($70,000) or 31% of $300,000 ($93,000) ered ‘‘toughing it out until her insurance Sara had a child (Michael) 2 years ago. Sara right off the top, thus diminishing the kicked in, it became increasingly clear that gave birth to the child. Debra’s employer of- amount received by our partners to $180,000 she needed to be treated immediately. She fers health and life insurance benefits to do- and $207,000 respectfully. This is a concrete had a large, twisted ovarian tumor removed mestic partners, and children of domestic example for two of us currently long time in October, 1990. By the time of the surgery, partners are considered dependents of the employees of the University and who are also her insurance was in place. We breathed a employee for purposes of insurance coverage. in long term domestic partnership relation- sigh of relief. Sara is self employed. Michael, Sara and ships. In addition, both couples have reg- Months later we learned that because her Debra are all covered by insurance as a fam- istered under the city of Minneapolis domes- pain started (and was briefly treated) before ily through Debra’s employer’s plan. Six tic partner ordinance. her insurance began, the claim for coverage months ago Debra was recruited by a com- I am angry, disappointed and frustrated for the surgery and hospital stay were dis- peting business because of her unique skill that the Board of Regents, President allowed because there was a pre-existing con- and experience, and was offered a job. The Hasselmo and the administrative leadership dition exclusion in her insurance policy. We job would be a step up for Debra in the ad- of the University have not taken action to are now faced with over $5,000 (plus 12% in- vancement of her career. The pay is about enforce the University’s nondiscrimination terest per year) in medical bills. That may the same, but the prospective employer does policy. The University should be playing a not seem like a lot of money to some people, not offer health and life benefits to unmar- leadership role in righting this wrong, first, but it certainly is to us. And it’s money that ried partners and would not cover Michael as for its employees and then in initiating wouldn’t have had to be spent at all if she a dependent of Debra’s. For these reasons, changes for the state of Minnesota and in had been on my family coverage all along. Debra decides to decline the offer of employ- urging Federal tax law changes. So why is it that my ex-husband (no legal ment and delays career advancement as a re- 2. When my partner’s mother unexpectedly relation) was entitled to continue receiving sult. The competing business misses out on committed suicide five years ago, I was benefits until he married, but my life part- Debra’s unique skill and experience. scheduled to leave that morning for an out- ner has had to go without medical insur- [Third case] of-state business trip. I’ll never forget my ance? The answer is simple—discrimination. Joe is a student at a private college. His struggle over how I would approach my su- 4. One of my colleagues, a male who is het- partner Jim works for a mid-size accounting pervisor to request permission to either can- erosexual, received his Ph.D. the same year I

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S737 did. We have taught the same number of ance for my partner of 10 years (longer than the process of reforming the revered years and were tenured here the same year. my married colleague), we have paid 2,500 per but antiquated system of bail enforce- However, he has received health benefits for year in health insurance and routine health ment in this country. his wife and two children during this time. I care out of pocket. Over three years, the tax believe that would add up to several thou- on being a lesbian has been $7,500. I realize of Throughout our nation’s proud his- sand dollars more that he has received from course, that the cost of my health insurance tory, bounty hunters have proved a this University than I have. My partner is would have increased during this period, so valuable addition to our law enforce- self employed part time and works at the the net cost to us would have been above my ment and recovery efforts. About 40 University only to receive benefits. I feel current health insurance but below $7,500. percent of all criminal defendants are that I am discriminated against based on my This economic burden is a clear example of released on bail each year, and in 1996 sexual preference and have suffered signifi- otherwise similarly situated people being cant financial loss by having to pay for treated differently solely on the basis of sex- alone more than 33,000 skipped town. health benefits for my partner and our child. ual orientation. Police departments, no matter how ef- 5. I feel discredited in all but the most pro- Let me add that I do not think that the ficient or determined, cannot be ex- fessional senses since my University will not University should require public registration pected to deal with so many bail jump- acknowledge the centrality of my relation- of partnerships to receive partnership bene- ers in addition to their other duties. ship with my partner of 14 plus years. This fits unless the state revokes the so-called But while public law enforcement offi- level of constant and costly discrimination ‘‘sodomy’’ law. To ask for such registration makes any positive responses to me from the cers recover only about 10 percent of imposes the acknowledgement of legal risk defendants who skip town, bounty institution bittersweet at best and hypo- as a cost for benefits. In addition, if reduced critical at worst. My family life is erased and tuition is available for other family mem- hunters catch an incredible 88 percent made invisible by an institution of learning bers, this benefit should be extended to gay of bail jumpers. which tauts acceptance of diversity and pur- and lesbian families as well. Because of the special, contractual suit of truth. When I’m not furious, I’m ter- 8. The University considers me ‘‘single’’. nature of the relationship between bail ribly sad. As a ‘‘single’’ person, I subsidize both mar- bondsmen and those who use them to 6. It is very demoralizing to see the incred- ried couples and individuals with children. ible benefits that my married colleagues But as a domestic partner I should be able to get out of jail, bounty hunters have (heterosexual) get and know that it will be a enjoy the same benefits as other ‘‘married’’ traditionally enjoyed special rights—a fight to get the same. My partner is self-em- couples. nineteenth century Supreme Court ployed and health coverage is astronomical Last summer my partner required minor case affirmed that while bounty hunt- for self-employed people. In order to buy a surgery for skin cancer. Because she was a ers may exercise many of the powers plan similar to that at the U, it would cost substitute teacher, she had no coverage. As a granted to police, they are not subject us $5–$7000 a year. Since it’s so costly, my result we became responsible for the bills. partner does not have very good health cov- to many of the constitutional checks This created more financial and emotional we place on those law enforcement offi- erage and as a result I am very concerned distress for us which I am certain impacted about what would happen if a serious health my own productivity. cials. As a result, bounty hunters need crisis occurs. Another issue I have is that it seems the not worry about Miranda rights, extra- So I am not just losing the $1500 or so the administration wants us to provide docu- dition proceedings, or search warrants. U would pay out to cover her because of the mentation (e.g. registration, affidavits, etc.) lack of recognition, I will have to pay $5– The ability to more efficiently track to prove we are indeed a couple. Does the and recover criminal defendants serves $7000 per year more than most of my col- University require married couples to pro- leagues. I view this as if I received that vide an affidavit or their marriage license a valuable purpose in our society. But much less salary per year. How can the U when applying for benefits? the lack of constitutional checks on have sexual orientation, gender and marital Furthermore, the domestic partnership ap- bounty hunters also opens the system status in the equal opportunity statement plications become public records. Given the up to the risk of abuse. Each of us has and not consider this discrimination? history of the discriminatory treatment read or heard about cases in which le- I wrote a letter to Gus Donhower when I meted out on gays and lesbians in ours and heard of the proposed changes in health cov- gitimate bounty hunters or those sim- other cultures, I would not want to be that ply posing as recovery agents have erage. One option proposed was that those public in my sexual orientation, especially people covered by their spouses’ employment in a state without a human rights amend- wrongfully entered a dwelling or cap- could get the cash equivalent of coverage in- ment protecting us. tured the wrong person. stead of being covered by the U. I suggested 9. How do I feel about the University’s In one recent Arizona case, several that if that were done, then those of us with- treatment of domestic partners? Not posi- men claiming to be bounty hunters out spouses or dependents should certainly tive! My partner and I each have one depend- broke into a house, terrorized a family get the cash equivalent of spousal/dependent ent. We must each pay for family benefits coverage. It seems an obvious parallel to me. which is a huge commitment, especially and ended up killing a young couple He responded by saying it was an interesting since my partner is self-employed and self- who tried to defend against the attack. idea but there’s no money for this added ben- insured. Many of us are on federal benefits. If It now appears that these men were efit. Well, I think that’s like saying it would the University changes its policy we’ll need simply ‘‘posing’’ as bounty hunters, but be nice to pay blacks or women what we pay help so that we can move to University bene- there are other reported incidents in men, but we just don’t have the money. One fits. which ‘‘legitimate’’ bounty hunters has no choice but to find the money. If there 10. I feel that if the University is unable to have broken down the wrong door, kid- really isn’t enough then some benefits may provide health benefits to unmarried part- naped the wrong person, or physically need to be removed from those who have ners they should also refuse benefits to mar- them, in order to provide for those who ried partners and only cover under age de- abused the targets of their searches. don’t. Maybe people with more than two pendents. I consider the lack of these bene- And there is little recourse for the in- children need to pay for their health insur- fits to be an unequal and discriminatory pay nocent victims of wrongful acts. ance, or perhaps the cost for an employee for scale, with married employees receiving Our legislation would begin the proc- spousal coverage needs to increase. The cur- higher compensation levels just because they ess of making bounty hunters more ac- rent discrimination is so clear to me (of are married. course I’m not a lawyer) that I wonder if a countable to the public they serve, and lawsuit could successfully challenge the Uni- By Mr. TORRICELLI (for himself would help to restore confidence in the versity’s non-compliance with its equal op- and Mr. KOHL): bail enforcement system. The bill portunity statement. S. 1637. A bill to expedite State re- would not unduly impose the will of At this point, my commitment, dedication, view of criminal records of applicants the federal government on states, willingness to work hard under increasingly for bail enforcement officer employ- which have traditionally regulated difficult pressure, is affected by my feeling bounty hunters. Our legislation con- of not being seen, recognized, and treated ment, and for other purposes; to the equally to my heterosexual colleagues. Right Committee on the Judiciary. tains only three simple provisions, now, it’s hard not to feel taken advantage THE BOUNTY HUNTER ACCOUNTABILITY AND each of which will make it easier to of .... QUALITY ASSURANCE ACT OF 1998 better regulate bounty hunters, but 7. My partner returned to school to pursue Mr. TORRICELLI. Mr. President, none of which will overburden states. a second advanced degree. She attends the today I am joined by my distinguished The first provision of the ‘‘Bounty University of Minnesota. At the same time, one of my married colleagues’ spouse re- colleague from Wisconsin, Senator Hunter Accountability and Quality As- turned to school. Their health insurance pro- KOHL, in introducing the ‘‘Bounty Hun- surance Act’’ would simply allow a na- file did not change at all. Ours changed dra- ter Accountability and Quality Assur- tional bail enforcement organization to matically. Because I cannot get health insur- ance Act of 1998.’’ Our bill will begin run background checks through the

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S738 CONGRESSIONAL RECORD — SENATE February 12, 1998 FBI, ensuring that there will be a rel- (4) in the course of their duties, bail en- (b) RECOMMENDATIONS.—The guidelines atively easy way to keep convicted fel- forcement officers often move in and affect published under subsection (a) shall include ons out of the bail enforcement busi- interstate commerce. recommendations of the Attorney General ness. A nearly identical provision re- SEC. 3. DEFINITIONS. regarding whether a person seeking employ- ment as a bail enforcement officer should lated to private security guards re- In this Act— (1) the term ‘‘bail enforcement employer’’ be— cently passed the House by a nearly means any person that— (1) allowed to obtain such employment if unanimous vote. (A) employs 1 or more bail enforcement of- that person has been convicted of a felony of- The second provision of the bill di- ficers; or fense under Federal law, or of any offense rects the Attorney General of the (B) provides, as an independent contractor, under State law that would be a felony if United States to establish model guide- for consideration, the services of 1 or more charged under Federal law; lines for states to follow when creating bail enforcement officers (which may include (2) required to obtain adequate liability in- their own bail enforcement regula- the services of that person); surance for actions taken in the course of performing duties pursuant to employment tions. In the course of her work, the (2) the term ‘‘bail enforcement officer’’— (A) means any person employed to obtain as a bail enforcement officer; or Attorney General will be specifically the recovery of any fugitive from justice who (3) prohibited, if acting in the capacity of directed to look into three areas iden- has been released on bail; and that person as a bail enforcement officer, tified by the bill—whether bounty (B) does not include any— from entering any private dwelling, unless hunters should be required to ‘‘knock (i) law enforcement officer; that person first knocks on the front door and announce’’ before entering a dwell- (ii) attorney, accountant, or other profes- and announces the presence of 1 or more bail ing, whether they should be required to sional licensed under applicable State law; enforcement officers. carry liability insurance (most already (iii) employee whose duties are primarily (c) BYRNE GRANT PREFERENCE FOR CERTAIN STATES.— do), and whether convicted felons internal audit or credit functions; or (iv) member of the Armed Forces on active (1) IN GENERAL.—Section 505 of title I of the should be allowed to obtain employ- duty; and Omnibus Crime Control and Safe Streets Act ment as bounty hunters. While states (3) the term ‘‘law enforcement officer’’ of 1968 (42 U.S.C. 3755) is amended by adding are not required to follow the model means a public servant authorized under ap- at the end the following: guidelines, those states who choose to plicable State law to conduct or engage in ‘‘(e) PREFERENCE FOR CERTAIN STATES.— adopt the guidelines within two years the prevention, investigation, prosecution, Notwithstanding any other provision of this will receive priority for Byrne grant or adjudication of criminal offenses, includ- part, in making grants to States under this funding. ing any public servant engaged in correc- subpart, the Director shall give priority to Finally, this bill makes bail bond tions, parole, or probation functions. States that have adopted the model guide- SEC. 4. BACKGROUND CHECKS. lines published under section 5(a) of the companies liable for the acts of the Bounty Hunter Accountability and Quality bounty hunters they hire. The clari- (a) IN GENERAL.— (1) SUBMISSION.—An association of bail en- Assistance Act of 1998.’’. fication of liability in our bill will en- forcement employers, which shall be des- (2) EFFECTIVE DATE.—The amendment courage these companies to carefully ignated for the purposes of this section by made by paragraph (1) shall take effect 2 select and perhaps even train the boun- the Attorney General, may submit to the At- years after the date of enactment of this ty hunters in their employ. Perhaps we torney General fingerprints or other meth- Act. can cut down on the worst abuses if we ods of positive identification approved by the SEC. 6. JOINT AND SEVERAL LIABILITY FOR AC- Attorney General, on behalf of any applicant TIVITIES OF BAIL ENFORCEMENT force employers to take a closer look OFFICERS. at who they hire. for a State license or certificate of registra- tion as a bail enforcement officer or a bail Notwithstanding any other provision of Mr. President, it is time to start the law, a bail enforcement officer, whether act- process of making rogue bounty hunt- enforcement employer. (2) EXCHANGE.—In response to a submission ing as an independent contractor or as an ers more accountable, while at the under paragraph (1), the Attorney General employee of a bail enforcement employer on same time restoring America’s con- may, to the extent provided by State law a bail bond, shall be considered to be the fidence in the long tradition of bail en- conforming to the requirements of the sec- agent of that bail enforcement employer for forcement that dates from the earliest ond paragraph under the heading ‘‘Federal the purposes of that liability. days of this nation. I urge my col- Bureau of Investigation’’ and the subheading By Mr. CONRAD (for himself, Mr. leagues to join us in taking this first ‘‘Salaries and Expenses’’ in title II of Public DASCHLE, Mr. KENNEDY, Mr. step towards this process, and I thank Law 92–544 (86 Stat. 1115), exchange, for li- censing and employment purposes, identi- LAUTENBERG, Mr. REED, Mr. my distinguished colleague from Wis- fication and criminal history records with LEAHY, Mr. DODD, Mr. BINGA- consin, Senator KOHL, for joining me in the State governmental agencies to which MAN, Mr. DURBIN, Mr. BAUCUS, introducing this bill today. the applicant has applied. Mr. DORGAN, Mr. ROCKEFELLER, I ask unanimous consent that the (b) REGULATIONS.—The Attorney General Mr. KERREY, Mr. WYDEN, Mr. full text of this bill be published in the may promulgate such regulations as may be WELLSTONE, Mr. TORRICELLI, RECORD. necessary to carry out this section, includ- There being no objection, the bill was ing measures relating to the security, con- Mrs. BOXER, Mr. KERRY, Mr. ordered to be printed in the RECORD, as fidentiality, accuracy, use, and dissemina- BUMPERS, Mr. MOYNIHAN, Mr. follows: tion of information submitted or exchanged JOHNSON, Mr. BREAUX, Mr. under subsection (a) and to audits and rec- S. 1637 KOHL, Ms. LANDRIEU, Ms. ordkeeping requirements relating to that in- MOSELEY-BRAUN, and Mr. LIE- Be it enacted by the Senate and House of Rep- formation. BERMAN): resentatives of the United States of America in (c) REPORT.—Not later than 2 years after Congress assembled, the date of enactment of this Act, the Attor- S. 1638. A bill to help parents keep SECTION 1. SHORT TITLE. ney General shall submit to the Committees their children from starting to use to- This Act may be cited as the ‘‘Bounty Hun- on the Judiciary of the Senate and the House bacco products, to expose the tobacco ter Accountability and Quality Assistance of Representatives a report on the number of industry’s past misconduct and to stop Act of 1998’’. submissions made by the association of bail the tobacco industry from targeting SEC. 2. FINDINGS. enforcement employers under subsection children, to eliminate or greatly re- Congress finds that— (a)(1), and the disposition of each application duce the illegal use of tobacco products (1) bail enforcement officers, also known as to which those submissions related. by children, to improve the public (d) STATE PARTICIPATION.—It is the sense of bounty hunters or recovery agents, provide health by reducing the overall use of law enforcement officers with valuable as- Congress that each State should participate, sistance in recovering fugitives from justice; to the maximum extent practicable, in any tobacco, and for other purposes; to the (2) regardless of the differences in their du- exchange with the Attorney General under Committee on Finance. ties, skills, and responsibilities, the public subsection (a)(2). THE HEALTHY KIDS ACT has had difficulty in discerning the dif- SEC. 5. MODEL GUIDELINES. Mr. CONRAD. Mr. President, I rise ference between law enforcement officers (a) IN GENERAL.—Not later than 180 days today to introduce legislation that we and bail enforcement officers; after the date of enactment of this Act, the call the HEALTHY Kids Act. It ad- (3) the American public demands the em- Attorney General shall publish in the Fed- ployment of qualified, well-trained bail en- eral Register model guidelines for the State dresses the question of how we form a forcement officers as an adjunct, but not a control and regulation of persons employed national policy on tobacco. replacement for, law enforcement officers; or applying for employment as bail enforce- I am joined in cosponsorship by Sen- and ment officers. ators AKAKA, BAUCUS, BINGAMAN,

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S739 BOXER, BREAUX, BRYAN, BUMPERS, Federal, State and local legal claims, bels, warning labels of the country that DASCHLE, DODD, DORGAN, DURBIN, JOHN- without providing immunity to the in- is the recipient of products sent from SON, KENNEDY, BOB KERREY, JOHN dustry; it invests in children and this country. And if they do not have a KERRY, KOHL, LANDRIEU, LAUTENBERG, health care; it provides savings for So- system of warning labels, then our own LEAHY, MOSELEY-BRAUN, MOYNIHAN, cial Security and Medicare; and it re- warning labels would apply. REED, ROCKEFELLER, TORRICELLI, imburses taxpayers for costs that have The HEALTHY Kids Act also helps WELLSTONE, and WYDEN. And we have been imposed on them by the use of tobacco farmers. They were left out of additional Senators who are consid- these products. the proposed settlement completely. ering cosponsorship of this legislation The HEALTHY Kids Act protects Their interest was not addressed. We as we speak. children. It does that with a healthy do not think that is fair. We provide First of all, I thank the Democratic price increase—a $1.50 a pack health fee $10 billion in just the first 5 years for leader, Senator DASCHLE, for his strong phased in over 3 years. It protects chil- assistance to farmers and their com- leadership and support of the work of dren by providing the Food and Drug munities. We authorize funding for the task force. Months ago he called Administration with full authority to transition payments to farmers and me and asked me to head up an effort regulate these products. It provides quota holders. We provide for rural and within the Democratic Caucus to draft strong penalties for those companies community economic development re- tobacco legislation. We have engaged that fail to reach the targeted projec- training for tobacco factory workers 21 members of this task force in a tion for the reduction of teen smok- and tobacco farmers and even college lengthy effort to listen to those af- ing—a 67 percent reduction in teen scholarships for farm families if the fected and to try to craft a responsible smoking over the next 10 years. Those committees of Congress deem that ap- national tobacco policy. penalties are a 10-cent a pack penalty propriate. We held 18 hearings. We heard over industry wide if the goals are not met The HEALTHY Kids Act makes very 100 witnesses. We held hearings across and a 40-cent a pack penalty for the in- clear that we will not provide immu- the country. We engaged in this level dividual companies for their failure to nity to this industry, no special protec- of effort because the subject is so im- reach the objective. We also protect tion for future misconduct, no special portant. children by providing comprehensive protection against individual lawsuits Tobacco is the only product that antitobacco programs. Included in that for past misconduct. We do resolve the when used legally—and as the manu- are counteradvertising, prevention pro- outstanding Federal, State, and local facturer intended—addicts and kills its grams, smoking cessation programs government legal claims. States, how- customers. and research. Finally, in protecting ever, can opt out of this national set- For too long tobacco companies have children, we provide for retailer com- tlement if they so choose, and cities waged war on our kids. It is time to pliance—State licensure of retailers and counties are assured of getting a counterattack. and no sales to minors. fair share of reimbursements that go to For too long big tobacco has hooked The HEALTHY Kids Act also pro- States. our kids on a lifelong addiction. It is motes the public health. It does so by On the question of attorney’s fees, we time to stop it. addressing the question of secondhand concluded that no monies from the For too long the tobacco industry smoke. Most public facilities in the HEALTHY Kids Act should be used for has deliberately targeted kids as ‘‘re- country would be smoke free under our attorney’s fees. With respect to the size placement smokers’’ to fill the shoes of proposal. We would provide exemptions of the fees, we deliberated long and over 425,000 Americans killed by to- for bars, casinos, bingo parlors, hotel hard, listened to all of the affected in- bacco each year. guest rooms—that is, hotels could have terests and concluded that the attor- Let me repeat that. Over 400,000 smoking and nonsmoking rooms as ney’s fees in these cases ought to be re- deaths a year in this country are they do now—nonfast-food small res- solved by arbitration panels using ABA caused by the use of tobacco products. taurants, that is, those restaurants ethical guidelines. Those guidelines are Many more, as we have heard in our with less than 50 seats would be ex- set out with specificity in the legisla- hearings, have suffered terribly. As we empt; prisons, tobacco shops, and pri- tion that I will introduce today. heard Monday at a hearing in Newark, vate clubs. At the same time we pro- NJ, when we heard from Pierce vide those exemptions, we also provide And so if we are in a circumstance Frauenheim, a coach and assistant for no State preemption. If a State or like the controversy in Florida, if the principal who had a laryngectomy be- local unit of government wants to have parties cannot agree, an arbitration cause of throat cancer caused by the more stringent provisions, it is free to panel would resolve the matter and de- use of tobacco products. He told us of do so. termine what the attorney’s fees were the terror and trauma of that illness. We also promote the public health by in the case that has been settled. That And we heard from a young woman protecting the public’s right to know. is also the case in other States. If the named Gina Seagrave, a young woman We provide for full document disclo- parties at interest reach agreement who lost her mother to a massive heart sure; all relevant documents go to the among themselves, there would not be attack when she was only 45 years of FDA. The FDA is able to make those an arbitration panel. But where there age because of using tobacco products. documents public; and the public is disagreement as to what the appro- Her tears told the story of her family’s health interest overrides trade secret priate attorney fees should be, an arbi- pain and suffering. or attorney-client privileges when the tration panel would be empowered to Mr. President, those stories are re- FDA makes a determination that the make the determination. written day in and day out because of public health is the overriding interest. I do not think any of us want to see the awful effects of tobacco. There is We also provide for international to- unjust enrichment of anybody based on something we can do about it if only bacco marketing controls: no pro- a resolution of these tobacco issues and we have the political will and the cour- motion of U.S. tobacco exports. I am tobacco lawsuits around the country. age to act. Witnesses told us repeatedly proud to say that in this administra- Mr. President, the HEALTHY Kids that we need a comprehensive plan to tion we are not doing that, but in pre- Act invests in children, in health, in dramatically reduce the use of tobacco vious administrations they have. This savings for Social Security and Medi- products in our country. That is what would codify the conduct of this ad- care, and reimburses taxpayers who we present today—the HEALTHY Kids ministration and provide for no pro- have had costs imposed on them. Act. motion of U.S. tobacco exports. It also The distribution of the funds raised Mr. President, the HEALTHY Kids provides a code of conduct. No mar- by the act is as follows: Payments to Act is the work of the Senate Demo- keting to foreign children. Any activi- States are 41.5 percent of the revenues. cratic task force on tobacco legisla- ties carried out in this country to mar- The States would get 141⁄2 percent of tion. The HEALTHY Kids Act provides ket to children in another country the money unrestricted; 27 percent responsible tobacco policy. It protects would be illegal. It also has modest would go to the States for children’s children, promotes the public health, funding for international tobacco con- health care, child care and improved helps tobacco farmers, and resolves trol efforts. And we require warning la- education.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S740 CONGRESSIONAL RECORD — SENATE February 12, 1998 We would also provide 15.5 percent margin—65 percent in favor, 30 percent tion can be measured. And it sets a for antitobacco programs. That in- opposed. By the way, this is across challenge for those who say they want cludes counteradvertising campaigns party lines, across regional lines. The to protect our kids but have so far not as well as smoking cessation and smok- American people support a $1.50 a pack produced effective tobacco control leg- ing prevention programs. NIH health health fee. The price increase support islation. The HEALTHY Kids Act rec- research would be increased. They for youth smoking deterrence and ognizes that tobacco is causing addic- would receive 21 percent of the funds health programs cuts across party tion, disease and death. It also recog- provided. Medicare would get 4 percent lines. The poll shows if it is termed tax nizes that there is something we can do of the money initially but over time support it is very strong all across the about it. HEALTHY Kids affirms life that would grow to 10 percent. Simi- country, even stronger if it is for a and health and our commitment to our larly, Social Security would get 6 per- health fee. In fact, 69 percent of Demo- children. It tells you we can make a cent of the money initially and that crats support the $1.50 health fee, 67 difference. would grow to 12 percent over time. percent of Republicans. I invite my colleagues to join in a bi- We believe it is appropriate when you There is also strong public support partisan effort to pass legislation like receive a windfall not to spend it all, for a lookback penalty of 50 cents a we are offering here today. We can do and so we are providing that when the pack if the industry fails to meet the it and we can make a difference. We program is fully phased in, over 20 per- goals for the reduction of teen smok- can reduce the addiction, the disease cent of the money, instead of being ing. By 54 percent to 34 percent the and the death that is being caused by spent, will be used to strengthen Medi- American public supports lookback the use of tobacco products. Now is the care and Social Security for the future. penalties of 50 cents a pack or more. In time to act. The public supports it. That is what the American people fact, a significant majority of the 54 Again, I ask my colleagues on both want to see happen, and we have pro- percent support a dollar a pack sides of the aisle to join us in this ef- vided for it in this legislation. Farmers lookback penalty. fort. There is no reason for this to be a initially get 12 percent of the revenues Voters are also strongly opposed to partisan issue. There is every reason to ease their transition. Obviously, providing special protections to the to- for us to work together to resolve the they are going to take an economic hit bacco industry. When we asked the challenges posed to our society by the here, and it seemed fair to us that they American people: Do you want to give use of these products. be included in any package to resolve immunity to this industry? Do you Mr. President, I note a colleague of these controversies. Over time their want to give them special protection mine, Senator REED of Rhode Island, is part of this package would be phased going forward? By 55 percent to 32 per- on the floor. Senator REED played a out and then the Medicare and Social cent, they oppose any special protec- critical role in the development of this Security parts of the legislation would tions being given to this industry. legislation. He was one of the most ac- see their share increased. They say no to immunity. The tive participants on the task force who Mr. President, we have provided here HEALTHY Kids Act says no to immu- has worked for months to fashion these a comparison of the tobacco revenue nity. legislative proposals. I commend Sen- and spending, a comparison between The HEALTHY Kids Act accom- ator REED publicly for his contribu- what the President’s budget called for plishes the objectives laid out by Presi- tions to this effort. and what The HEALTHY Kids Act calls I yield the floor. dent Clinton. He laid out five. He said The PRESIDING OFFICER. The Sen- for. First of all, in terms of total rev- you have to reduce teen smoking by ator from Rhode Island is recognized. enue, our plan would raise $82 billion providing tough penalties and a health Mr. REED. Mr. President, I rise over the next 5 years, some $500 billion fee or price increase that will deter today to join my colleague, Senator over the next 25 years. In the first 5 youth smoking. We have full FDA au- CONRAD from North Dakota, in sup- years, the States would get in an unre- thority. We are changing the industry porting and introducing the HEALTHY stricted way $12 billion. They would culture. We meet the additional health Kids Act and thank him for his kind get $22 billion for children—$14 billion goals laid out by the President, and words. I must say, if there is anyone for child care, $3 billion for health care protect tobacco farmers and their com- who has been a true leader and true for children and $5 billion for edu- munities. hero in this struggle to date, it has cation. The research component of the As the Vice President said yesterday been KENT CONRAD, whose leadership plan would provide $17 billion to the when we unveiled this proposal in a helped pull together not only an im- National Institutes of Health for in- press conference here on Capitol Hill: pressive array of cosponsors but, with creased health research. Medicare ini- The administration strongly supports over hundreds of witnesses and many, tially would get $3 billion in the first 5 this bill. many sessions, he was able to get to years. The farmers would get $10 bil- The Vice President reported that if the substance of a very complicated lion. That is a 5-year figure. The this bill comes to the President’s desk, and difficult issue: How are we going to antitobacco efforts would receive $13 he will sign it and sign it without hesi- respond to the crisis of teenage smok- billion, and savings for Social Security tation. ing in the United States? How are we would be $5 billion. I expect that big tobacco will fight going to protect the public health of Mr. President, The HEALTHY Kids these initiatives. Indeed, we saw yes- America, particularly America’s chil- Act is supported by the American pub- terday they came out swinging against dren? lic. We did extensive national polling the proposal that I am offering here Today we are introducing the to make certain that what we are pro- today. We will hear from the tobacco HEALTHY Kids Act, which will, I be- posing is in line with what the Amer- industry, its lobbyists and its sup- lieve, do that. Again, I commend Sen- ican people want and the polling data porters in Congress, that we cannot ator CONRAD for his great leadership shows a high level of support for a sig- have a health fee of $1.50 a pack, we and effort, and I look forward to work- nificant per pack price increase which can’t fund public health programs or ing with him and all my colleagues to we have termed a health fee, signifi- hold the industry and tobacco compa- develop legislation that will once and cant public support for strong nies accountable if they sell to kids. for all prevent the illegal sale of ciga- lookback penalties for failure to meet We will hear from them that we cannot rettes to children in this country. the goals of reducing teen smoking and give FDA the same authority it has We are all aware of the depressing no special protections for this indus- over prescription drugs and our food statistics with respect to smoking and try. supply. children in the United States. Today, That is what the American people I submit, if we care about our kids’ some 50 million Americans are ad- want. That is what The HEALTHY futures, we must do all of these things. dicted to tobacco smoke. Every year, 1 Kids Act provides. With respect to the This legislation lays down a marker for million children become regular users question of a $1.50 per pack health fee good, responsible, national tobacco pol- of cigarettes, tobacco. One-third of for youth smoking deterrence and icy to protect our kids and promote the them will die prematurely of lung can- health programs, the American people public health. It sets a clear, unambig- cer, emphysema, or other horrible support that by more than a 2-to-1 uous test against which other legisla- smoking related illnesses.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S741 This is an addiction. Fully three- suggest to everyone that smoking is imposing 10-cent-a-pack penalties on quarters of smokers want to quit but not harmful; indeed, claiming it is the industry across the board and 40- they cannot because they are addicted. healthful. That is absolutely wrong. cent penalties on brand-specific prod- The most disturbing aspect of this ad- Back in the 1920s, the companies that ucts that do not meet the targeted re- diction is it begins with young people. were selling cigarettes were adver- ductions. There would be no rebate. In Mr. President, 90 percent of adult tising themes like, ‘‘20,679 physicians the proposal the industry negotiated smokers today began to smoke while say Luckies are less irritating.’’ Pro- with the Attorneys General, there they were 18 years old or less. In fact, moting cigarettes, in effect, as a would be the possibility of a company this goes down to children who are 10, healthful practice and not a harmful receiving a rebate by just trying hard. 11, 12 years old. It is a shocking, dis- practice. Another theme of those days This legislation would require the goal turbing, and all-too-real aspect of was, ‘‘For digestion’s sake, smoke be met, not simply the effort be made. American life and culture. We have an Camels.’’ Again emphasizing an illu- This would also include comprehensive opportunity, indeed an obligation, to sory therapeutic value that never ex- anti-smoking programs, through adver- do something about it. That is why I isted in cigarettes. tising, prevention programs, and other am here, along with Senator CONRAD, In 1953, an advertisement read, ‘‘This means that would help ensure that to join in the introduction of this is it. L&M filters are just what the doc- children do not smoke. These program HEALTHY Kids Act. tor ordered.’’ As if the medical profes- would also give adults, if they wish to In my home State of Rhode Island, sion was endorsing a product which change, access to programs to make we have a situation in which adult they knew was harmful and which they sure they can make that transition smoking is beginning to stabilize. Un- suspected, but perhaps did not yet from smoking to nonsmoking. fortunately, teen smoking continues to know, was highly addictive. Because of the money that is gen- rise, with a more than 25 percent in- In this Congress, we have tried to erated, we will be able to commit sig- crease among high school students. rein in the use of tobacco by children, nificant resources to programs that are That is a bad omen for the future, a tried to control the access of young extremely important, programs that bad omen for the country. It is too people and tried to warn the American have been outlined so well by Senator easy for children to buy cigarettes. It public about the dangers of tobacco. In CONRAD: education, child care, health is too easy, in a climate in which the the 1960s, we brought the industry, we resources. tobacco industry spends upward of $5 thought, kicking and screaming to ac- Also, this legislation, importantly, billion a year making cigarette smok- cept legislatively mandated warning does not curtail prospective liability ing appear to be alluring, sophisti- label. Only after the fact did we learn for the tobacco industry. It would set- cated, adult-oriented—all those things that the industry privately accepted tle the suits that have been lodged by which are attractive to children. this label as a good fortune because it the State attorneys general. Also, it We know from the record that has allowed them to defend themselves in would settle claims with respect to emerged over the last several months court with the notion that smokers as- governmental entities, but it would in court proceedings that this is not a sumed the risk because they read these allow individual citizens who have been coincidence, we know that children labels. Only recently, with the evidence harmed and who will be harmed by to- have been deliberately targeted by cig- that is more and more conclusive each bacco smoke to bring their case to arette companies. They are the re- day of the addictive quality of ciga- court. placement customers for the 400,000 rettes, has the industry begun to re- I believe this is a crucial part of the Americans who die each year of smok- spond. legislation, because without this, the ing-related diseases. We have to stop Today we are here to ensure that the other mechanisms that we develop may that insidious replacement, that insid- past is not repeated, the past of addic- well be undermined by sophisticated ious attack on the youth of America. We begin this legislative process in a tion of young people to cigarettes and corporate reorganizations by the indus- situation in which the tobacco indus- the past of a very pliant Congress, not try, by challenges to aspects of the try has worked hard to earn the dis- effectively regulating the tobacco in- law, and by many things which the to- trust—let me say it again—the distrust dustry. That is why the HEALTHY bacco companies have done in the past of the American people. Over the years Kids Act is so important. It represents to remake themselves to comply with they have not been candid. They have a comprehensive effort to ensure that Federal statutes. Statutes which Con- deliberately confused, fought against, our children are safe and the public gress thought would control their be- and frustrated attempts to regulate health is protected. havior but which in many cases not their product in the marketplace. One of the important elements of this only did not control their behavior but I recently came across an interesting bill is a price increase of $1.50 a pack. gave the tobacco companies additional story about youthful smoking among This is not in any way an attempt of ammunition to defend themselves boys. One of the research scientists retribution on the industry. Rather, it against civil suits in the courts. said, ‘‘The cigarette smoker is slowly recognizes the fact that a price in- I believe that this liability issue is an and surely poisoning himself and is crease is probably the strongest deter- important one and one that distin- largely unconscious of it.’’ That report rent there is to teenage smoking. Un- guishes this legislation from others was in Education Magazine in 1909. The like adult smokers who may already that have been introduced in this Con- tobacco industry has long known that very well addicted, teenagers will re- gress. cigarette smoking is harmful to chil- spond to price increases. A price in- We here today have the opportunity dren, and harmful to public health. crease is one sure way, perhaps the to do what all Americans want us to In 1963, Battelle Laboratories in best way, we can ensure that teenagers do, ensure that children do not have Switzerland did a series of studies for do not smoke. ready access to cigarettes, ensure that the British American Tobacco Com- The second aspect of the act is giving the next generation of Americans is pany, that’s the parent of Brown & the FDA full authority over tobacco not addicted before they become Williamson Tobacco Company. The products, all tobacco products. This adults, ensure that the public health in conclusion, after review of these stud- proposal would not condition their au- this country is protected, ensure that ies by the general counsel of Brown & thority; it would give the FDA the au- we are able to create an environment Williamson, was shown as follows: ‘‘We thority, the responsibility, the obliga- in which a parent does not have to con- are then in the business of selling nico- tion to regulate tobacco as it regulates front what must be one of the most tine, an addictive drug, effective in the so many other drugs and so many other harrowing moments, the realization release of stress mechanisms.’’ Since products in our society. that a young son or a young daughter 1960, the industry has known they were This legislation also includes strong is beginning to smoke and realizing selling an addictive product, and has look-back penalties. The HEALTHY also, as we do today, that that means known they were selling a product that Kids Act would set a goal of reducing that this child will die prematurely. killed people. teenage smoking rates by 67 percent in No parent should have to endure that It has all, though, been obscured and 10 years and would hold manufacturers moment. No child should have to be dressed up by advertising that would accountable for these tough goals by subject to the barrage of advertising,

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S742 CONGRESSIONAL RECORD — SENATE February 12, 1998 the barrage of influences which have and also in recognizing our responsibil- ator BAUCUS who is an original cospon- forced that child to smoke cigarettes. I ities of promoting cigarettes overseas sor of this bill has been enormously look forward to working with my col- are very thoughtful suggestions in helpful as well. He is a member of the leagues to enact this bill and to meet these areas. Senate Finance Committee and has a these goals. I look forward, as we all I want to add that I believe it is so special understanding of the financial do, to the day in which cigarette smok- important that the revenues that are aspects of this legislation. I thank Sen- ing is not something that we associate raised from this proposal will give a ator BAUCUS for his commitment and with the youth of this country. substantial boost to programs that af- his leadership as well. I yield my time. fect the children of this country. A Let me conclude by thanking my Mr. KENNEDY addressed the Chair. very substantial part of the financial staff who have worked very long hours The PRESIDING OFFICER. The Sen- resources that are gained when this to produce this legislation: Bob Van ator from Massachusetts. legislation is enacted will be focused Heuvelen, my policy director and chief Mr. KENNEDY. Mr. President, I want on the children who have been the counsel; Tom Mahr who is the person to just take a few moments this after- focus of the tobacco industry for over a on my staff who heads up all of the noon to express my very warm appre- long, long period of time. I commend health issues who has worked incred- ciation to Senator CONRAD for the lead- the Senator and the task force for that ibly hard and with great skill to craft ership that he has provided in bringing commitment to the nation’s children. this legislation; Monica Boudjouk who together a variety of different views Secondly, there is an equally strong has spent many a long evening helping and offering on behalf of the families of commitment towards supporting the us to put together the many details of this country an absolutely superb pro- biomedical research which offers such the proposal before us; and Mark posal that is focused on how we are extraordinary opportunities for break- Harsch, a fellow on my staff who has going to reduce smoking for the young throughs, not only in children’s dis- been enormously helpful as well. people of this country. eases but in other medical conditions I thank them all for their contribu- This bill isn’t the perfect solution, such as cancer, AIDS, heart disease, di- tions, as well as the staff of the other but I daresay that if this particular abetes, Alzheimer’s Disease, and men- task force members who put a great legislative proposal was enacted into tal illness. deal of time and effort into working to law it would save the lives of millions This legislation can make a major produce this bill. I thank them all. of Americans. difference in the public health of the Mr. BAUCUS addressed the Chair. This has been a long process, Mr. nation by reducing youth smoking. It The PRESIDING OFFICER. The Sen- President, since the first Surgeon Gen- can also make a major difference to ator from Montana. eral pointed out the dangers of smok- the children of this nation in focusing Mr. BAUCUS. Mr. President, the Sen- ing. This has been a constant effort resources to make their lives more ator from North Dakota is much too over many, many years to try and ad- hopeful in the future. And it can make kind in his compliments of this Sen- dress this issue in a comprehensive and a major difference in terms of the bio- ator. The real credit goes to the Sen- responsible way. medical research opportunities at NIH ator from North Dakota. We have seen All of us take our hats off to the which offer extraordinary hope in find- many task forces appointed by various work that was done by the attorneys ing treatments for some of the nation’s leaders on both sides of the aisle. I general that resulted in the June 20 most severe medical conditions. settlement. But the legislation Senator For all these reasons, this legislation think we know that most task forces basically do their work. They meet, CONRAD has introduced today is really should go forward. As Senator CONRAD a very, very comprehensive proposal has pointed out, he welcomes the they have several meetings, and are that, in many respects, may be the chance for others to join in strong sup- earnest in trying to come up with a most important legislative under- port of this legislation, but certainly it good solution assigned to them by the taking that we will have in this Con- is the challenge that is laid out here. leader. gress. Others will have views. We hope they In this case, the Senator from North Senator CONRAD and the other mem- will come forward. Dakota added new meaning to the defi- bers of the task force should be com- What we have heard so far is a deaf- nition of task force. First of all, they mended in putting this proposal for- ening silence. I don’t think the Amer- tasked; they worked very hard. I have ward so early in the Congress. We know ican people are going to tolerate a si- not seen any effort since the days I we have maybe 90 days left in this ses- lence in blind opposition to what has have been in the Senate where a task sion, but I daresay that our time could been a very thoughtful, a very com- force, a group worked so hard at so not be more beneficially spent than in prehensive, and a very detailed re- many meetings, called in so many out- the debate and the discussion of this sponse to something that is of central side experts in such a wide variety of legislation. importance to every family in this fields to make sure they came up with I join with those in hoping that we country. a very solid, comprehensive, near bul- can get thoughtful consideration of I commend the Senator from North let-proof proposal in an area that is as this legislation in the committee on Dakota for all of his work and indicate complicated as this, whether it is tax- the floor of the Senate. It incorporates a great desire to work closely with him ation issues, whether it is health the principles that have been identified and the others to make sure this legis- issues, whether it is judicial issues, by the public health community and lation becomes law. whatever they may be. those who have studied this issue over Mr. CONRAD addressed the Chair. All of us who have any knowledge of a long period of time which are most The PRESIDING OFFICER. The Sen- the degree to which the Senator from important in reducing smoking: ator from North Dakota. North Dakota put this group together No. 1, raising the cost of cigarettes in Mr. CONRAD. Mr. President, I thank salute him. I have never seen anybody a substantial way over a short period Senator KENNEDY. He has been an out- work as hard, as diligently and come of time. In addition, the counteradver- standing member of this task force up with such a fine product as the Sen- tising measures are very, very impor- team. No member of the task force con- ator from North Dakota. I hope that tant. Those two measures in tandem tributed more to the work of this group future task forces use his as a model, can make a dramatic difference in the than Senator KENNEDY. He has played because if they do, the people of our number of young people who will an absolutely key role in the develop- country will be very, very well served, smoke in the future. ment of this legislation, through his just as the Senator from North Dako- The strong FDA measures will also own efforts and the efforts of his out- ta’s task force has served America with make sure the Agency will have the standing staff. He has been a leader for his efforts and his work. He has done power and the authority to regulate a lifetime on these issues, and I extend the best job of any Senator I have ever nicotine and the other additives in my deepest personal appreciation to seen on any kind of task force or group cigarettes. him for his assistance and support. effort trying to come up with a solu- I think the attention that was given I would also like to recognize Sen- tion to a very complicated problem. in the secondhand smoking proposals ator BAUCUS, who is on the floor. Sen- Again, I salute him.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S743 Mr. President, I ask unanimous con- bacco-related health care costs counties Health care assistance to uninsured and sent that the following letters of sup- incur separate from the states’ costs. As you underinsured individuals with financial port for the Healthy Kids Act be sub- know, counties provide health care to indi- hardship who suffer from tobacco-related ill- viduals who have no private or federally sub- nesses and conditions; mitted into the RECORD following my sidized insurance, such as Medicaid. Counties Strengthen look-back provisions to ensure remarks. provide uncompensated care under general There being no objection, the letters that tobacco companies are held accountable medical assistance programs; through their if adolescent smoking rates do not decrease; were ordered to be printed in the health facilities; and/or make payments to No special legal protections for tobacco RECORD, as follows: other facilities. Many also contribute di- companies. rectly to the non-federal share of Medicaid. JOINT STATEMENT OF DRS. KOOP AND KESSLER As you work with your Senate colleagues ON THE CONRAD TASK FORCE BILL A number of local governments filed suit against the tobacco industry prior to the on moving tobacco legislation, we urge you ‘‘We have been working steadfastly with June 1997 proposed settlement using these to consider strengthening the public health Republican and Democratic legislators to facts as a basis for part of their arguments. title of the bill. Specifically, APHA advo- help fashion comprehensive tobacco legisla- We are also pleased to understand that cates stronger involvement of the Centers tion that will have the net effect of reducing county tobacco laws and enforcement activi- for Disease Control and Prevention and state the number of people who smoke and fun- ties would not be preempted by federal law and local health departments in the myriad damentally changing the way the tobacco in- under the bill. Counties must continue to be public health activities funded under this dustry does business without granting them able to enact and enforce, with locally-deter- title, increased funding for the public health immunity or special concessions. mined remedies, local tobacco ordinances initiatives under this title, inclusion of addi- ‘‘The principles in the Conrad task force and penalties which are stronger than state tional public health tobacco use prevention legislation track closely with the public or federal law. and reduction initiatives such as environ- health principles and goals outlined in the Thank you again for your leadership on mental tobacco smoke education programs report of the Advisory Committee on To- this issue. NACo looks forward to working and research, and other public health and bacco Policy and Public Health. It is a good with you to advance and refine the Healthy prevention focused efforts. step in a legislative process that we hope re- Kids Act. We are committed to working with you sults in concrete, comprehensive public Very Truly Yours, health measures to reduce the harm from and your Senate colleagues from both sides RANDY JOHNSON, of the aisle to ensure that the final tobacco smoking. President, NACo, ‘‘We look forward to working with Sen. control legislative vehicle is the strongest Hennepin County Commissioner. Conrad and all other members of the Con- possible national tobacco policy. We appre- gress to achieve these important public ciate your efforts to ensure the protection AMERICAN PUBLIC HEALTH ASSOCIATION, health goals.’’ and promotion of public health and offer our Washington, DC, February 11, 1998. assistance as you continue to work on this STATEMENT OF HUBERT H. HUMPHREY III, Hon. KENT CONRAD, issue of critical global public health signifi- ATTORNEY GENERAL, STATE OF MINNESOTA U.S. Senate, cance. Washington, DC. Sincerely, Re: Senator Kent Conrad’s Healthy Kids Act, DEAR SENATOR CONRAD: The American Pub- RICHARD A. LEVINSON, MD, DPA, Wednesday, February 11, 1998 lic Health Association (APHA), consisting of Associate Executive Director, I commend Senator Conrad for his leader- more than 50,000 public health professionals Programs and Policy. ship of the Senate Democratic Tobacco Task dedicated to advancing the nation’s health, Force in its efforts to address the number commends you for developing a comprehen- one public health issue of our day. The sive tobacco bill that is a significant step AMERICAN LUNG ASSOCIATION, Healthy Kids Act, proposed by Senator Con- forward toward protecting public health, es- Washington, DC, February 11, 1998. rad today, is a monumental step forward in pecially our nation’s children and adoles- Hon. KENT CONRAD, our efforts to advance public health and pro- cents. U.S. Senate, Washington, DC. test future generations of kids. Your legislation addresses many priority DEAR SENATOR CONRAD: The American Senator Conrad’s bill offers the best hope issues for APHA and the public health com- Lung Association is pleased to endorse your yet for saving our children from tobacco ad- munity and we recognize that in these areas tough tobacco legislation—The Healthy Kids diction, disease and death. It’s a common your bill provides stronger than the proposed Act. This is the legislation the American sense approach that will reduce youth smok- settlement and many other current tobacco people have been demanding. It is not a deal ing rates dramatically and hold the tobacco proposals in the Senate. APHA is particu- for the tobacco industry. It is a promise to industry accountable for results. larly pleased with the following aspects of The bill’s strong financial penalties our children. We are grateful that you have your tobacco bill: against the industry for continuing to sell to made your legislative priority public health, Reaffirmation of FDA jurisdiction over to- kids creates a powerful economic incentive not saving the tobacco industry. bacco products, especially the codification of to reform this industry’s conduct. And by Americans oppose special deals for Big To- the tobacco-related regulations promulgated giving the FDA full authority and oversight bacco. This legislation reflects that senti- this summer by the Secretary of Health and over the health hazards of tobacco, the to- ment and does not create unprecedented spe- Human Services; cial protections for the tobacco industry. bacco industry’s manipulation of nicotine to Preservation of state and local authority keep smokers addicted will finally come to to impose stronger requirements, prohibi- Americans know that in their own commu- an end. tions, and other measures to control to- nities they can pass even stronger public This bill stands in stark contrast to the bacco; health laws than those passed at the federal sweetheart deal proposed by the tobacco in- Creation of a national tobacco surveillance level. This bill respects the rights of state dustry last summer. and it’s because Senator and evaluation program at the US Centers and local governments to continue to pass Conrad and the Task Force asked the right for Disease Control and Prevention to mon- strong measures. question. Instead of asking ‘‘what will the itor patterns of tobacco use and assess the This bill promises to create a solid na- industry accept,’’ Senator Conrad asked effectiveness of tobacco control efforts. tional tobacco policy that will improve ‘‘what is the right policy for the nation.’’ Requirement that tobacco control initia- health. The American Lung Association be- And the result is a bill that gets it right for tives and programs funded under this bill lieves that your approach will succeed. our children without giving this outlaw in- utilize proven and effective methodologies; Public opinion polling conducted recently dustry any special immunity that no other Recognition that certain subpopulations, for the American Lung Association and its business in America enjoys. such as women and minorities, are dispropor- medical section, the American Thoracic So- tionately affected by tobacco products and ciety, found that voters overwhelmingly sup- NATIONAL ASSOCIATION OF COUNTIES, calling for research to be conducted to study Washington, DC, February 11, 1998. port (65% to 30%) the $1.50 per pack fee on different effects of tobacco use on these cigarettes. Voters also support stiff penalties Hon. KENT CONRAD, groups; on tobacco companies if they continue to sell U.S. Senate, Washington, DC. Assistance to tobacco growers, their fami- to our children (54% support a per pack pen- DEAR SENATOR CONRAD: The National Asso- lies, and communities; ciation of Counties (NACo) is pleased to sup- Creation of an international code-of-con- alty of $0.50 or more compared to 28% who port your bill, the Healthy Kids Act. Not duct for tobacco companies to help protect want no penalty). The electorate opposes only does the legislation recognize the im- children and adults in other countries from special protections for the tobacco industry portant health responsibilities counties as- the dangers of tobacco products; (55% to 32%). Nearly seven out of ten voters sume in the nation’s intergovernmental sys- Support for international tobacco control (69% to 33%) want the tobacco companies to tem, it also acknowledges the responsibil- efforts, including the funding of bilateral follow the same rules on marketing to chil- ities they have for enforcing tobacco control and multilateral assistance and the creation dren overseas as they do in the U.S. It is ordinances. The bill is a very strong step for- of a non-governmental organization to work clear that your bill is in sync with the will ward for public health. with other NGOs abroad on tobacco control; of the American people. As we understand it, the Healthy Kids Act Ban on the use of taxpayer money to help The American Lung Association hopes that recognizes the unique and substantial to- promote U.S. tobacco products overseas; Congress will follow your lead—keep this

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S744 CONGRESSIONAL RECORD — SENATE February 12, 1998 promise to our children—and enact the National Association of County and City bacco deal, with immunity, is enacted that it Healthy Kids Act into law. Health Officials. will be forced to shut-down its operations in Sincerely, National Association of Local Boards of the United States and move production over- JOHN R. GARRISON, Health. seas. CEO and Managing Director. National Hispanic Medical Association. The fact of the matter is that over the last Oncology Nursing Society. 18 years, the industry has dramatically re- STATEMENT OF THE ENACT COALITION RE- Partnership for Prevention. duced employment by 40% and intends to GARDING THE INTRODUCTION OF THE Society for Public Health Education. continue this trend in the future. HEALTHY KIDS ACT The Society for Research on Nicotine and The tobacco industry employment figures Tobacco. (February 11, 1998) The ENACT coalition of reproduced below are from the ‘‘Statistical The Society of Behavioral Medicine. major public health organizations applauds Abstract of the United States 1997’’, the ulti- Summit Health Coalition. today’s introduction of the Healthy Kids Act mate source of which is the industry itself. A number of the nation’s major public by Senator Conrad and his co-sponsors. We All Employees—all products: health organizations have formed ENACT 1980 ...... 69,000 support a strong comprehensive approach (Effective National Action to Control To- 1990 ...... 49,000 and welcome this bill. bacco). This growing coalition has pledged to 1996 ...... 41,000 The Healthy Kids Act encompasses the key work with the Congress, the Administration, 2005-(proj.) ...... 26,000 policies that ENACT has stated must be in- the public health community and the Amer- Production Employees—all prod- cluded in any effective tobacco control legis- ican people to pass comprehensive, sustain- ucts: lation. The bill contains strong and effective able, effective, well-funded national tobacco 1980 ...... 54,000 provisions regarding FDA authority over to- control legislation. 1990 ...... 36,000 bacco sales, manufacturing and advertising; 1996 ...... 31,000 significant price increases to deter use by All Employees—cigarettes: STATEMENT BY THE COALITION FOR WORKERS’ kids; effective ‘‘look-back’’ penalties if sales 1980 ...... 46,000 HEALTH CARE FUNDS SUPPORTING THE SEN- to youth don’t decrease; a vigorous crack- 1990 ...... 35,000 ATE DEMOCRATIC TASK FORCE ‘‘HEALTHY down on the illegal sale of tobacco to mi- 1996 ...... 28,000 KIDS’’ BILL nors; protections from secondhand smoke; Production Employees—ciga- disclosure of tobacco industry documents; The Coalition for Workers’ Health Care rettes: assistance to tobacco farmers; and support Funds represents some 2,500 union sponsored, 1980 ...... 35,000 for efforts to reduce tobacco use internation- multiemployer health and welfare funds 1990 ...... 26,000 ally. which have brought class action law suits 1996 ...... 21,000 ENACT believes that only a comprehensive against the tobacco companies seeking reim- Notes: bill that meets our minimum criteria can bursement for their health care costs of to- 1. These figures were prepared long before the an- adequately address the complex problem of bacco-related diseases. nounced ‘‘Tobacco Settlement’’. The Coalition believes that the legislation 2. Less than half of all tobacco production workers tobacco use and reduce the number of kids are represented by labor unions. who start using tobacco, and the number of introduced by Senator Kent Conrad and Sen- ator Tom Daschle on behalf of the Senate 3. The Union sponsored labor-management health adults who die each year. & welfare funds which have brought suit against the We expect a number of additional proposals Democratic Tobacco Task Force is both tobacco companies represent 30 million union work- to be introduced in the House and Senate in sound and reasonable. It represents good ers, retirees and their families. the coming weeks. We will evaluate each of public health policy, while at the same time Source: Statistical Abstract of the United States, them, and those already introduced, for their protecting the civil justice rights of the 1997, p. 416 & p. 425. adherence to the public health principles we multi-employer health & welfare community Mr. LAUTENBERG. Mr. President, I have set forth. ENACT is committed to and others with claims against the tobacco companies. want to speak in strong support of the working with Senator Conrad and with Mem- HEALTHY Kids Act, which was intro- bers of Congress from both parties to enact a We are particularly pleased that the legis- comprehensive, bi-partisan, well-funded and lation includes an adjustment assistance duced by Senator CONRAD. Senator sustainable tobacco control policy. program for those tobacco workers who CONRAD chaired our tobacco task force, might be adversely effected by the legisla- on which I served as vice chairman, ENACT COALITION MEMBERS (FEBRUARY 11, 1998) tion, and we encourage the sponsors to fur- and I thought, as did most on our side, Allergy and Asthma Network—Mothers of ther develop this important program. Such Asthmatics, Inc. that he did an incredibly thorough job assistance for workers is essential in light of in researching the issues and hearing American Academy of Child & Adolescent the fact that for the past 18 years, the to- Psychiatry. bacco companies have engaged in a system- from the various affected parties. American Academy of Family Physicians. atic corporate policy to downsize the work- Mr. President, this bill today reflects American Academy of Pediatrics. force without assistance for its workers. the consensus of our task force. It is American Association for Respiratory According to the ‘‘Statistical Abstract of the vision of the Senate Democrats and Care. the Unite States 1997’’ the tobacco industry has cosponsors from all sectors of the American Association of Physicians of In- has reduced its total employment by over Democratic Party. Although some of dian Origin. 40% since 1980; from 69,000 in 1980 to 41,000 in American Cancer Society. us differ on certain specific points, all 1996. Moreover, the ‘‘Abstract’’ projects that of us who are cosponsoring this legisla- American College of Cardiology. by 2005 the industry will have further re- American College of Chest Physicians. duced its U.S. employment to 26,000, for an tion agree that this bill contains the American College of Occupational and En- overall reduction since 1980 of 62.4%. Abso- right approach to tackling the dev- vironmental Medicine. lutely none of this workforce reduction has astating health problems that come American College of Physicians. been due to a profit decline for the industry from smoking cigarettes. American College of Preventive Medicine. since, again according to the ‘‘Abstract’’ the At the heart of this proposal is a per American Heart Association. annual value of the domestic product has re- pack price increase of $1.50. This price American Medical Association. mained constant at about $35 billion. It is American Psychiatric Association. increase will be phased in over three also no secret that the U.S. tobacco manu- years and then indexed to inflation to American Psychological Association. factures have been moving production facili- American Society of Anesthesiologists. ties overseas. All of this occurred long before maintain a deterrent effect on youth American Society of Clinical Oncology. any ‘‘Tobacco settlement’’ was ever nego- smoking. American Society of Internal Medicine. tiated or anticipated. It is the direct result I am particularly pleased, Mr. Presi- Association of American Medical Colleges. of the same corporate strategy that we have dent, with this aspect of the HEALTHY Association of Black Cardiologists, Inc. witnessed in industry after industry; from Kids Act because it was adopted from a Association of Maternal and Child Health machine tools and electrical equipment to Programs. bill I introduced last year, the Public textiles and semi-conductors. In their effort Association of Schools of Public Health. Health and Education Resource Act, to maximize profits American corporations Campaign for Tobacco-Free Kids. which is S. 1343. have closed manufacturing facilities in the College on Problems of Drug Dependence. I believe now—as I did then—that if U.S. and moved to countries with the lowest Council of State & Territorial Epidemiolo- wages and least labor protections. we are serious about reducing teen gists. smoking, we have to increase the price Employment in the Tobacco Industry Family Voices. swiftly and dramatically. It seems to The HMO Group. In its effort to enact federal legislation to have the most deterrent effect of all Interreligious Coalition on Smoking OR immunize itself from effective legal action, Health. the tobacco industry has engaged in an at- measures on youth because when the Latino Council on Alcohol & Tobacco. tempt to economically ‘‘blackmail’’ the price goes up that far they cannot af- National Association of Children’s Hos- workers employed in the tobacco industry. ford to pick up the habit, for which we pitals. The industry has argued that unless the to- are grateful.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S745 This bill also includes much of the children’s lives. We want to invest in of our youth in grades 9 through 12, bill that Senator KENNEDY sponsored, their future. It has to be a bipartisan smoke. Indeed, Mr. President, nation- and that I had the opportunity to sup- goal. I expect that many of our friends ally, the prevalence of smoking by port as a cosponsor, again representing on the Republican side will join us at youth, has remained basically un- the views of several of our Members to some point. changed since 1980. If current tobacco be included in this consensus package. Mr. President, as can be expected in use patterns in this nation persist, five The focus of any tobacco legislation any omnibus legislation, some Sen- million children currently alive today must be on improving the health of fu- ators will disagree on specific provi- will die prematurely from a smoking ture generations of Americans, and sions of the bill. In fact, I have some related disease. this bill accomplishes that very clear- reservations about certain provisions It is worth noting that lung cancer ly. In addition to funding various pro- of this act, such as the secondhand remains the leading cause of cancer grams that will reduce teen smoking smoke restrictions, which I believe death in the United States. All cancers and benefit the well-being of children, could be tougher. But I ask all of my caused by cigarette smoking can be it provides unfettered FDA jurisdic- colleagues to keep their eye on the big prevented. Instead, according to CDC tion. As the President has stated many picture—reducing tobacco’s seductive and Robert Wood Johnson, 170,000 times, full FDA power over these dead- grip on our kids. Americans will lose their lives to to- ly products is essential. Their target—it is very clearly un- bacco related cancer this year. Pre- Mr. President, as Ranking Member of derstood—is to get 3,000 kids a day to venting and reducing cigarette smok- the Budget Committee I am also start smoking because they know once ing are key to reducing illness and pleased that this bill is consistent with you start it is hell to try and stop. And death. We must act now. the President’s budget proposal. Both we don’t want to permit them to get a There will be myriad reasons put approaches recognize that comprehen- grip on our children, on their lives, on forth as to why we cannot or should sive tobacco legislation requires a their health, or on their habits. not enact this legislation. There will be strong investment in America’s chil- So, Mr. President, I hope that we will some who will say that Congress dren. Our approach keeps children be working together in a bipartisan should not act at all. We have the op- away from this addictive product, im- way. We will make this happen if we portunity and the obligation to enact proves their health, provides adequate can possibly do so. And I invite all of legislation that will address the public child care and gives them a learning our colleagues to join us. health problems caused by tobacco environment that fosters health and I yield the floor. products. The HEALTHY Kids Act knowledge and progress. Mr. BINGAMAN. Mr. President, it is gives us the chance to begin reversing That is a real investment in our chil- with great pleasure that I rise today to the damage that has been done. It pro- dren, and that is the focus of the join Senator CONRAD and my other col- vides the vehicle for leadership that Healthy Kids Act. leagues in introducing the HEALTHY will be necessary to save our children. Mr. President, I often hear that we in Kids Act. I want to commend Senator I hope that we will move, and move Congress cannot pass any legislation CONRAD, and his staff, for their excel- quickly without any more excuses, to that the tobacco industry does not first lent work in formulating this legisla- enact this legislation. agree to support. They speak as if Big tion. I firmly believe that this legisla- Mr. KERREY. Mr. President, I am Tobacco has some sort of veto right tion represents the opportunity to pre- proud today to join with several of my over legislation affecting their indus- vent nicotine addiction in children and colleagues in support of S. 1638, ‘‘The try. youth. Healthy Kids Act’’, the tobacco bill I must tell you. I fail to find in the The Congress has the truly historic crafted by Senator CONRAD and the Constitution of the United States—or opportunity this year to enact com- Democratic Tobacco Task Force. in any of the Senate rules—any provi- prehensive legislation that will reduce As you have heard many of our col- sion that gives them the right to veto access to and consumption of tobacco leagues say, 3000 kids start smoking legislation. The Congress not only has by our youth. Over the past few every day. One third of those will pre- a right—but a duty—to rein in on an months, I have been part of the task maturely die from a tobacco-related industry that has been out of control force that helped consider the numer- disease. In Nebraska alone, 38 out of 100 targeting our children for addiction ous issues involved in developing a high school kids currently smoke ciga- and lying about the dangerous nature comprehensive approach to address the rettes and over 35,000 kids currently of their products. public health issues that surround under the age of 18 will die pre- Mr. President, there has also been a youth and tobacco. The HEALTHY maturely from tobacco-related dis- great deal of talk about providing spe- Kids Act gives us a blueprint for reduc- eases. cial protection against liability to this ing the terrible destruction that to- This is simply unacceptable. And the industry. First of all, one must ques- bacco products have caused. job has fallen upon Congress to do tion why in the world this industry, The Senate has a compelling interest something about it. Last summer, my which has engaged in more corporate to address the various issues raised by colleagues and I were faced with the misconduct than any other, deserves the tobacco settlement. The Office on daunting task of putting together com- unprecedented special protection from Smoking and Health at the Centers for prehensive tobacco legislation. Led by civil liability. Disease Control and Prevention has de- my very dedicated colleague Senator Secondly, this industry continues to termined that cigarettes kill more CONRAD from North Dakota, the Demo- this day to hide from the public crit- Americans that AIDS, alcohol, car ac- cratic Tobacco Task Force worked ical information about tobacco’s effect cidents, murders, suicides, drugs, and hard for nearly eight months to draft a on our health. Congress shouldn’t even fires combined. bill that put our children’s health first. consider limited civil liability protec- Additionally, As the smoke screen This is exactly what The HEALTHY tions until we have full and absolute erected by the tobacco companies be- Kids Act does. disclosure from the companies. It is gins to clear through numerous court This bill puts the law on the side of time for them to stop hiding behind proceedings, we now know what we our kids. Sometimes we pass laws and false claims of privilege and come have suspected all along: The targeting are unsure of their impact. This time clean with the American people. of our children has been a well planned, we can be certain: If we pass this law it Mr. President, this bill, the Healthy well orchestrated, and well financed will save children’s lives. Period. Kids Act, presents Congress with a his- conspiracy by these companies. Experts say that the way to get kids toric opportunity. I welcome, very sin- We have all seen the statistics. The to quit smoking is to raise prices on cerely, my friends from the other side Institute of Medicine finds that despite cigarettes. The HEALTHY Kids Act of the aisle to cosponsor this bill, to the market decline in adult smoking does this. work with us, as I know that they want and the social disapproval of smoking, This bill is projected to collect $78 to, to question perhaps the method- an estimated 3,000 young people be- billion in total revenue over the next ology or process. But I hope that won’t come regular smokers every day. In my five years. Among other things, this stand in the way. We both want to save home state of New Mexico, roughly 33% money will help improve our children’s

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S746 CONGRESSIONAL RECORD — SENATE February 12, 1998 health care, child care, and education; federal facilities have the right to SECTION 1. DESIGNATION. fund important medical research; take know what hazardous substances are (a) IN GENERAL.—The building of the care of the farmers that were left out being released into the environment by United States Postal Service located at 180 of the settlement negotiations; and these facilities so they can better pro- East Kellogg Boulevard in Saint Paul, Min- some money will even go towards re- tect themselves and their children nesota, shall be known and designated as the ducing the deficit and saving social se- from these potential threats. It is my ‘‘Eugene J. McCarthy Post Office Building’’. curity—which could perhaps be the strong belief that federal facilities (b) REFERENCES.—Any reference in a law, greatest gift we could ever think about should be treated the same as private map, regulation, document, paper, or other giving our children. entities. My legislation attempts to record of the United States to the building Mr. President, I close by saying that moves us closer towards that goal. referred to in subsection (a) shall be deemed I look forward to working with Mr. to be a reference to the ‘‘Eugene J. McCar- thy Post Office Building’’. CONRAD and others on passing this im- By Mr. WELLSTONE (for himself portant legislation that correctly puts and Mr. GRAMS): our children first. S. 1640. A bill to designate the build- By Mr. MOYNIHAN (for himself ing of the United States Postal Service and Mr. D’AMATO): located at East Kellogg Boulevard in By Mr. COVERDELL: S. 1641. A bill to direct the Secretary Saint Paul, Minnesota, as the ‘‘Eugene S. 1639. A bill to amend the Emer- of the Interior to study alternatives for J. McCarthy Post Office Building’’; to gency Planning and Community Right- establishing a national historic trail to To-Know Act of 1986 to cover Federal the Committee on Governmental Af- fairs. commemorate and interpret the his- facilities; to the Committee on Envi- tory of women’s rights in the United ronment and Public Works. THE EUGENE J. MCCARTHY POST OFFICE BUILDING DESIGNATION ACT OF 1998 States; to the Committee on Energy THE FEDERAL FACILITIES COMMUNITY RIGHT-TO- and Natural Resources. KNOW ACT OF 1998 Mr. WELLSTONE. Mr. President, I Mr. COVERDELL. Mr. President, I rise today on behalf of myself and my THE WOMEN’S RIGHTS NATIONAL HISTORIC TRAIL rise today to introduce legislation— colleague from Minnesota, Senator ACT GRAMS, to introduce legislation which The Federal Facilities Community Mr. MOYNIHAN. Mr. President, 1848 would designate the U.S. Post Office Right-To-Know Act of 1998—which pro- was one of the busiest years of the 19th vides that the federal government is Building in downtown St. Paul, MN, as the ‘‘Eugene J. McCarthy Post Office Century in Europe. Everywhere kings held to the same reporting require- were abdicating, ministers fleeing, ments under the Emergency Planning Building.’’ In doing so, we join the en- tire Minnesota delegation in the U.S. mobs roving. In London, Karl Marx and and Community Right-To-Know Act Frederich Engels composed a pamphlet (EPCRA) of 1986 as private entities. In House of Representatives in honoring a man who is of great importance to our entitled Manifesto of the Communist 1986, Congress directed the Environ- Party. Revolution was all the rage. But mental Protection Agency (EPA) to es- state and our nation. This building, which will bear the the real revolution was taking place in tablish a national inventory to inform name of one of Minnesota’s great a small brick chapel in a village in up- the public about chemicals used and re- statesmen, stands in Minnesota’s cap- state New York where people had leased in their communities. Since en- itol, a city represented by Senator begun to think of a revolution unlike actment of the Emergency Planning McCarthy in the House and Senate for anything known—equal rights for and Community Right-To-Know Act, nearly a quarter of a century. When women. manufacturers have been required to the 4th district, and later all of Min- keep extensive records on how they use The American movement for wom- nesota, sent Senator McCarthy to and store hazardous chemicals and re- en’s rights began in Waterloo, New Washington they sent a scholar as well port releases of hundreds of hazardous York nearly 150 years ago when five as a legislator, and his service to our women met at the home of Jane and chemicals annually. EPA compiles the state and this nation has not been re- reported information into the Toxic Richard Hunt. There, Elizabeth Cady stricted to his tenure in Congress. He Stanton of Seneca Falls, Mary Ann Release Inventory (TRI). has touched lives as a teacher and au- The Toxic Release Inventory is a McClintock of Waterloo, Marta Coffin thor as well. Wright of nearby Auburn, Lucretia Cof- publicly available data base containing Mr. President, I am proud to know fin Mott of Philadelphia and Mrs. Hunt specific chemical release and transfer Eugene McCarthy and to follow in his planned the first women’s rights con- information from manufacturing facili- footsteps as a Senator from Minnesota, vention held at the Wesleyan Chapel in ties throughout the United States. The as a progressive, and as a great believer Seneca Falls. It was also there that TRI is intended to promote planning in grassroots democracy. He is a person they wrote the ‘‘Declaration of Senti- for chemical emergencies and to pro- who not only articulated, but exer- ments,’’ a document which can cer- vide information to the public regard- cised, a politics of inclusion and who tainly be regarded as the Magna Carta ing the presence and release of toxic knows that a candidate’s success is of the women’s movement. Modeled on and hazardous chemicals in their com- best built upon a foundation of individ- our Declaration of Independence, the munities. uals. While America has had many im- ‘‘Declaration of Sentiments’’ pro- In August 1993, President Clinton portant leaders, very few have fought claimed that: signed Executive Order 12856, which re- the battles Senator McCarthy has quired Federal facilities to begin sub- fought, very few have shown the com- All men and women are created equal: mitting TRI reports beginning in cal- mitment he has shown to effecting That they are endowed by their Creator with endar year 1994 activities. I commend positive change for ordinary people, certain inalienable rights; that among these President Clinton for taking this ac- and very few can match his record as a are life, liberty and the pursuit of happiness. tion. However, this executive order man of peace. does not have the force of law and This unprecedented declaration Mr. President, it is an honor to ex- called for broad societal changes aimed could be changed by a future Adminis- tend my state’s, and my country’s, tration. The National Governors Asso- at eliminating discriminatory restric- gratitude to Senator McCarthy with tions on women in all their spheres of ciation’s policy on federal facilities this designation. states that ‘‘Congress should ensure life. A woman’s right to a higher edu- Mr. President, I ask unanimous con- cation, the right to own property and that federal and state ‘‘right to know’’ sent that the bill be printed in the requirements apply to federal facili- the right to retain her own wages—all RECORD. these and more were proclaimed in this ties.’’ My legislation simply amends There being no objection, the bill was landmark document endorsed at the the Emergency Planning and Commu- ordered to be printed in the RECORD, as Seneca Falls Convention on July 19 and nity Right-To-Know Act to cover fed- follows: 20, 1848. eral facilities. It is important for the S. 1640 Federal government to protect the en- Be it enacted by the Senate and House of Rep- Perhaps most importantly, the con- vironment and its citizens from haz- resentatives of the United States of America in vention was the catalyst for the 19th ardous substances. People living near Congress assembled, Amendment. There, Elizabeth Cady

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S747 Stanton made what was at the time a burn; and the Eleanor Roosevelt home (1) consideration of the establishment of a most radical proposal. She called for in Hyde Park. new unit of the National Park System; extending the franchise to women. The women of Seneca Falls chal- (2) consideration of the establishment of Ameila Bloomer, publisher of Lily, lenged America to social revolution various appropriate designations for routes the first prominent women’s rights and sites relating to the history of women’s with a list of demands that touched rights in the United States, and alternative newsletter, eloquently defended Stan- upon every aspect of life. Testing dif- means to link those sites, including a cor- ton’s call and articulated the impor- ferent approaches, the early women’s ridor between Buffalo, New York, and Bos- tance of the vote: rights leaders came to view the ballot ton, Massachusetts; In this country there is one great tribunal as the best way to challenge the sys- (3) recommendations for cooperative ar- by which all theories must be tried, all prin- tem, but they did not limit their ef- rangements with State and local govern- ciples tested, all measures settled: and that forts to this one issue. Fifty years after ments, local historical organizations, and tribunal is the ballot box. It is the medium the convention, women could claim other entities; and through which public opinion finally makes (4) cost estimates for the alternatives. property rights, employment and edu- itself heard. Deny to any class in the com- (c) STUDY PROCESS.—The Secretary shall— munity the right to be heard at the ballot- cational opportunities, divorce and (1) conduct the study with public involve- box and that class sinks at once into a state child custody laws, and increased so- ment and in consultation with State and of slavish dependence, of civil insignificance, cial freedoms. By the early 20th cen- local officials, scholarly and other interested which nothing can save from becoming sub- tury, a coalition of suffragists, temper- organizations, and individuals; jugation, oppression and wrong. ance groups, reform-minded politi- (2) complete the study as expeditiously as It was fully 72 years before the Na- cians, and women’s social welfare orga- practicable after the date on which funds are tion heeded their call for the vote for nizations mustered a successful push made available for the study; and (3) on completion of the study, submit to women. for the vote. the Committee on Resources of the House of It took but 10 months in 1980, how- Today Congress honors Lucretia Representatives and the Committee on En- ever, to establish a Women’s Rights Mott and Elizabeth Cady Stanton, ergy and Natural Resources of the Senate a Historic Park at Seneca Falls and Wa- along with Susan B. Anthony, as revo- report on the findings and recommendations terloo, commemorating this call. Then- lutionary leaders of the women’s move- of the study. Senator Javits and I proposed a bill ment by placing a statue of them in that created an historic park within the Capitol Rotunda next to statues of By Mr. GLENN (for himself, Mr. Seneca Falls to commemorate the other leaders in our Nation’s history THOMPSON, Mr. LEVIN, Mr. LIE- early beginnings of the women’s move- such as George Washington, Abraham BERMAN, and Mr. AKAKA): ment and to recognize the important Lincoln, and Martin Luther King, Jr. S. 1642. A bill to improve the effec- role Seneca Falls has played in the An historic trail would be a living tiveness and performance of Federal fi- movement. The park consists of five monument to women’s history, bring- nancial assistance programs, simplify sites: the 1840’s Greek Revival home of ing to life the numerous pioneers so Federal financial assistance applica- Elizabeth Cady Stanton, organizer and often left out of our textbooks. In ‘‘The tion and reporting requirements, and leader of the women’s rights move- Ladies of Seneca Falls: The Birth of improve the delivery of services to the ment; the Wesleyan Chapel, where the the Women’s Rights Movement’’, Mir- public; to the Committee on Govern- First Women’s Rights Convention was iam Gurko writes: mental Affairs. held; Declaration Park with a 100 foot Most histories contain, if anything, only THE FEDERAL FINANCIAL ASSISTANCE waterwall engraved with the Declara- the briefest allusion to the woman’s rights MANAGEMENT IMPROVEMENT ACT tion of Sentiments and the names of movement in the nineteenth century—per- Mr. GLENN. Mr. President, I rise the signers of Declaration; and the haps no more than a sentence to include it in today to introduce the Federal Finan- M’Clintock house, home of MaryAnn the general upsurge of reform. Here and cial Assistance Management Improve- there the name of a woman’s rights leader and Thomas M’Clintock, where the ment Act of 1998—legislation designed might be mentioned, generally that of Susan to improve the efficiency and effective- Declaration was drafted. B. Anthony, sometimes Elizabeth Cady Stan- On June 27 last, my friend and col- ton. The rest might never have existed so far ness of Federal financial assistance and league, Senator D’AMATO and I intro- as the general run of historical sources is grant-in-aid programs. duced S. Con. Res. 35, a resolution that concerned. According to the Advisory Commis- urges the United States Postal Service One of the most important social sion on Intergovernmental Relations, to issue a commemorative postage forces of our time is women’s struggle there are over 600 different Federal stamp to celebrate the 150th anniver- to achieve equality, and, as such, it is grant programs to state and local gov- sary of the Women’s Rights Conven- incumbent upon us to pay tribute to its ernments and other service providers. tion. It is only fitting that a stamp be many heroes. Not only is that a large number of pro- issued commemorating this historic I ask unanimous consent that the grams in the aggregate, we also have anniversary and highlighting the im- text of the bill be printed in the an abundance of separate grant pro- portance of continuing this struggle for RECORD. grams even in areas where only one equal rights and opportunity for There being no objection, the bill was general purpose is being served. For ex- women in areas such as health care, ordered to be printed in the RECORD, as ample, in the budget subfunction of so- education, employment, and pay eq- follows: cial services alone, there are over 80 uity. S. 1641 different Federal grant programs. In el- ementary and secondary education, Today Senator D’AMATO and I, in Be it enacted by the Senate and House of Rep- concert with Representative LOUISE M. resentatives of the United States of America in there are a similar number of Federal SLAUGHTER of Rochester, introduce leg- Congress assembled, programs. islation which would direct the Sec- SECTION 1. SHORT TITLE. Almost all of these different grant retary of the Interior to study the de- This Act may be cited as the ‘‘Women’s programs serve worthy goals and pur- velopment of a Women’s Rights His- Rights National Historic Trail Act of 1998’’. poses. However, they inevitably carry toric Trail stretching from Boston, SEC. 2. STUDY OF ALTERNATIVES FOR NATIONAL with them separate redtape, regula- Massachusetts to Buffalo, New York. HISTORIC TRAIL TO COMMEMORATE tions, and procedures that frustrate AND INTERPRET HISTORY OF WOM- Mr. President, the contributions EN’S RIGHTS IN THE UNITED those at the state, local and nonprofit made by women in that region are STATES. level who must coordinate the services many. This is hallowed ground that (a) IN GENERAL.—The Secretary of the In- and carry out the responsibilities in all needs to be celebrated. It would include terior, acting through the Director of the these separate programs. Furthermore, such sites as the Susan B. Anthony National Park Service (referred to in this in many of these grant programs, ‘‘get- House and voting place in Rochester; section as the ‘‘Secretary’’), shall conduct a ting out the money’’ is the primary the Women’s Rights National Histor- study of alternatives for establishing a na- emphasis. Administrative performance tional historic trail commemorating and in- ical Park; the National Women’s Hall terpreting the history of women’s rights in and efficiency are a secondary empha- of Fame and the Elizabeth Cady Stan- the United States. sis, or in some cases not emphasized at ton House in Seneca Falls; the Harriet (b) MATTERS TO BE CONSIDERED.—The all, so we have little understanding at Tubman House and memorial in Au- study under subsection (a) shall include— any level of government how well the

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S748 CONGRESSIONAL RECORD — SENATE February 12, 1998 programs are actually working. Part of (4) streamlining and simplification of Fed- (4) a process for applicants to electroni- this problem stems from the fact that eral financial assistance administrative pro- cally apply for, and report on the use of, the money passes through 3 sometimes cedures and reporting requirements will im- funds from Federal financial assistance pro- 4 different sets of hands before it prove the delivery of services to the public. grams; reaches its intended beneficiaries. So SEC. 3. PURPOSES. (5) use of common rules for multiple Fed- The purposes of this Act are to— eral financial assistance programs across dif- it’s hard to know where responsibility (1) improve the effectiveness and perform- ferent Federal agencies; lies when it comes to making sure that ance of Federal financial assistance pro- (6) improved interagency and intergovern- the money is spent efficiently, properly grams; mental coordination of information collec- and in a way to maximize the goals and (2) simplify Federal financial assistance tion and sharing of data pertaining to Fed- objectives of the underlying program. application and reporting requirements; eral financial assistance programs, including We’ve been working for several years (3) improve the delivery of services to the the development of a release form to be used in the Governmental Affairs Com- public; and by grantees to facilitate the sharing of infor- mittee on ways to cut Federal redtape (4) facilitate greater coordination among mation across multiple Federal financial as- while improving performance. We tried those responsible for delivering such serv- sistance programs; ices. to reduce Federal burdens with enact- (7) a process to strengthen the information SEC. 4. DEFINITIONS. resources management capacity of State, ment of the Paperwork Reduction Act In this Act: local, and tribal governments and qualified and Unfunded Mandates Reform Act, (1) COMMON RULE.—The term ‘‘common organizations pertaining to the administra- while strengthening the effectiveness rule’’ means a government-wide uniform rule tion of Federal financial assistance pro- of Federal programs with the Govern- for any generally applicable requirement es- grams; and ment Performance Results Act. tablished to achieve national policy objec- (8) specific annual goals and objectives to This bill builds on those initiatives. tives that applies to multiple Federal finan- further the purposes of this Act. It requires that Federal agencies de- cial assistance programs across Federal (b) ACTIONS CONSISTENT WITH STATUTORY velop plans that, among other things: agencies. REQUIREMENTS.—The actions taken by the (2) DIRECTOR.—The term ‘‘Director’’ means establish uniform applications for re- Director under subsection (a) shall be con- the Director of the Office of Management sistent with statutory requirements relating lated grant programs; develop common and Budget. rules for Federal requirements that cut to any applicable Federal financial assist- (3) FEDERAL AGENCY.—The term ‘‘Federal ance program. across multiple grant programs; and, agency’’ means any agency as defined under (c) LEAD AGENCY AND WORKING GROUPS.— section 551(1) of title 5, United States Code. emphasize use of electronic reporting The Director may designate a lead agency to (4) FEDERAL FINANCIAL ASSISTANCE PRO- via the Internet. Agencies would have assist the Director in carrying out the re- GRAM.—The term ‘‘Federal financial assist- 18 months to develop their plans, with sponsibilities under this section. The Direc- OMB overseeing their development. ance program’’ means a domestic assistance program (as defined under section 6101(4) of tor may use interagency working groups to They would work closely with state title 31, United States Code) under which fi- assist in carrying out such responsibilities. and local governments and the non- nancial assistance is available, directly or (d) REVIEW OF PLANS AND REPORTS.— profit community in the setting of per- indirectly, to a State, local, or tribal govern- (1) IN GENERAL.—The Director shall— formance measures to achieve the bill’s ment or a qualified organization to carry out (A) review agency plans and reports devel- goals. The bill sunsets in 5 years fol- activities consistent with national policy oped under section 6 for adequacy; lowing a review by the National Acad- goals. (B) monitor the annual performance of (5) LOCAL GOVERNMENT.—The term ‘‘local each agency toward achieving the goals and emy of Public Administration. objectives stated in the agency plan; and Americans want government services government’’ means— (A) a political subdivision of a State that (C) ensure that each agency plan does not to work better. But they also want gov- is a unit of general local government (as de- diminish standards to measure performance ernment to live within its means, to fined under section 6501(10) of title 31, United and accountability of financial assistance balance its books. In other words, they States Code); programs. want more cost-effective government, (B) any combination of political subdivi- (2) REPORT.—Not later than 3 years after and that’s at all levels. I believe this sions described in subparagraph (A); or the date of enactment of this Act, the Direc- bill helps lead us in that direction. I’m (C) a local educational agency as defined tor shall report to Congress on implementa- pleased that Chairman THOMPSON, under section 14101(18) of the Elementary and tion of this section. Such a report may be in- Secondary Education Act of 1965 (20 U.S.C. cluded as part of any of the general manage- along with Senators LEVIN, LIEBERMAN, 8801(18)). ment reports required under law. and AKAKA, have joined me cospon- (6) QUALIFIED ORGANIZATION.—The term (e) EXEMPTIONS.— soring the bill and I look forward to ‘‘qualified organization’’ means a private, (1) IN GENERAL.—The Director may exempt considering it in the Governmental Af- nonprofit organization described in section any Federal agency from the requirements of fairs Committee. 501(c)(3) of the Internal Revenue Code of 1986 this Act if the Director determines that the Mr. President, I ask unanimous con- that is exempt from taxation under section agency does not have a significant number of sent that the text of the bill be printed 501(a) of the Internal Revenue Code of 1986. Federal financial assistance programs. in the RECORD. (7) STATE.—The term ‘‘State’’ means each (2) AGENCIES EXEMPTED.—Not later than There being no objection, the bill was of the 50 States, the District of Columbia, November 1 of each fiscal year, the Director ordered to be printed in the RECORD, as Puerto Rico, American Samoa, Guam, and shall submit to the Committee on Govern- follows: the Virgin Islands. mental Affairs of the Senate and the Com- (8) TRIBAL GOVERNMENT.—The term ‘‘tribal mittee on Government Reform and Oversight S. 1642 government’’ means the governing entity of of the House of Representatives— Be it enacted by the Senate and House of an Indian tribe, as that term is defined in (A) a list of each agency exempted under Representatives of the United States of America the Indian Self Determination and Education this subsection in the preceding fiscal year; in Congress assembled, Assistance Act (25 U.S.C. 450b). and SECTION 1. TITLE. SEC. 5. DUTIES OF THE DIRECTOR. (B) an explanation for each such exemp- This Act may be cited as the ‘‘Federal Fi- (a) IN GENERAL.—The Director, in consulta- tion. nancial Assistance Management Improve- tion with agency heads, shall direct, coordi- (f) GUIDANCE.—Not later than 120 days after ment Act of 1998’’. nate, and assist Federal agencies in estab- the date of enactment of this Act, the Direc- SEC. 2. FINDINGS. lishing— tor shall issue guidance to Federal agencies Congress finds that— (1) a uniform application, or set of uniform on implementation of the requirements of (1) there are over 600 different Federal fi- applications, to be used by an applicant to this Act. Such guidance shall include a nancial assistance programs to implement apply for assistance from multiple Federal statement on the common rules that the Di- domestic policy; financial assistance programs that serve rector intends to review and standardize (2) while the assistance described in para- similar purposes and are administered by dif- under this Act. graph (1) has been directed at critical prob- ferent Federal agencies; lems, some Federal administrative require- (2) ways to streamline and simplify Federal SEC. 6. DUTIES OF FEDERAL AGENCIES. ments may be duplicative, burdensome or financial assistance administrative proce- (a) IN GENERAL.—Not later than 18 months conflicting, thus impeding cost-effective de- dures and reporting requirements for grant- after the date of enactment of this Act, each livery of services at the local level; ees; Federal agency shall develop and implement (3) State, local, and tribal governments (3) a uniform system wherein an applicant a plan that— and private, nonprofit organizations are may apply for, manage, and report on the (1) streamlines and simplifies the applica- dealing with increasingly complex problems use of, funding from multiple Federal finan- tion, administrative, and reporting proce- that require the delivery and coordination of cial assistance programs across different dures for each financial assistance program many kinds of services; and Federal agencies; administered by the agency;

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S749 (2) demonstrates active participation in effective on and after 5 years after such date One of the most questionable effects the interagency process required the applica- of enactment. of the Act requires home health agen- ble provisions of section 5(a); cies to comply with ‘‘per beneficiary By Mr. KENNEDY (for himself, (3) demonstrates agency use, or plans for caps’’ before the federal government use, of the uniform application (or set of ap- Mr. JEFFORDS, Mr. KERRY, and tells them what the caps are. The bill plications) and system developed under sec- Mr. LEAHY): tion 5(a) (1) and (3); S. 1643. A bill to amend title XVIII of I am introducing delays the effective (4) designates a lead agency official for car- the Social Security Act to delay for date of the caps until October 1, 1998, rying out the responsibilities of the agency one year implementation of the per to allow time for agencies to adjust to under this Act; beneficiary limits under the interim forthcoming, essential guidance from (5) allows applicants to electronically the Health Care Financing Administra- apply for, and report on the use of, funds payment system to home health agen- cies and to provide for a later base year tion. from the Federal financial assistance pro- In addition, this bill moves up the gram administered by the agency; for the purposes of calculating new (6) strengthens the information resources payment rates under the system; to the year—from 1994 to 1995—that will be management capacity of State, local and Committee on Finance. used to calculate payments for 1998 and beyond. This change means that pay- tribal governments and qualified organiza- MEDICARE AND HOME HEALTH CARE tions pertaining to the administration of the LEGISLATION ments will more accurately reflect the financial assistance program administered Mr. KENNEDY. Mr. President, the type of home care that is currently de- by the agency; and home health benefit available under livered. (7) in cooperation with State, local, and Medicare plays a significant role in al- The problem facing home health pa- tribal governments and qualified organiza- tients and agencies is substantial. Con- tions, establishes specific annual goals and lowing elderly beneficiaries to remain objectives to further the purposes of this Act in their homes and in their commu- gress should address this issue now, be- and measure annual performance in achiev- nity. Those who use the home health fore home health agencies that provide ing those goals and objectives. benefit are among the most vulnerable needed services are unfairly forced out (b) PLAN CONSISTENT WITH STATUTORY RE- Medicare beneficiaries. More than 40 of business, and before senior citizens QUIREMENTS.—Each plan developed and im- percent have incomes below $10,000. are forced to go without necessary care plemented under this section shall be con- or leave their homes for more expen- sistent with statutory requirements relating One in three live alone, and two-thirds to any applicable Federal financial assist- are over age 75. sive hospital care or nursing home ance program. In recent years, the cost of the home care. The provisions of the Balanced (c) COMMENT AND CONSULTATION ON AGENCY health benefit has been one of the fast- Budget Act should be modified to avoid PLANS.— est growing parts of Medicare. While these unfortunate and unnecessary (1) COMMENT.—Each Federal agency shall the vast majority of this growth is at- problems. publish the plan developed under subsection tributable to a legitimate increase in Mr. President, I ask unanimous con- (a) in the Federal Register and shall receive sent that the text of the bill be printed public comment on the plan through the home health care as patients are Federal Register and other means (including moved out of the hospital more quick- in the RECORD. electronic means). To the maximum extent ly, some portion is known to be due to There being no objection, the bill was practicable, each Federal agency shall hold fraud. As a result, Congress enacted ordered to be printed in the RECORD, as public hearings or related public forums on provisions on this spending as a part of follows: the plan. the Balanced Budget Act of 1997. Unfor- S. 1643 (2) CONSULTATION.—The lead official des- tunately, it now appears that some of Be it enacted by the Senate and House of Rep- ignated under subsection (a)(4) shall consult the restrictions will operate in a way resentatives of the United States of America in regularly with representatives of State, local that penalizes providers unfairly and Congress assembled, and tribal governments and qualified organi- zations during development of the plan. Con- jeopardizes their ability to continue to SECTION 1. DELAY OF PER BENEFICIARY LIMITS offer these vital services for the elder- UNDER INTERIM PAYMENT SYSTEM sultation with representatives of State, AND CHANGE OF BASE YEAR. local, and tribal governments shall be in ac- ly. (a) DELAY IN PER BENEFICIARY LIMITS cordance with section 204 of the Unfunded In order to address these issues, I am UNDER INTERIM PAYMENT SYSTEM.— Mandates Reform Act of 1995 (2 U.S.C. 1534). introducing legislation to delay the ef- (1) IN GENERAL.—Section 1861(v)(1)(L) of the (d) SUBMISSION OF PLAN.—Each Federal fective date of one provision, and to Social Security Act (42 U.S.C. 1395x(v)(1)(L)), agency shall submit the plan developed change the base year that will be used as amended by section 4602 of the Balanced under subsection (a) to the Director and Con- to calculate future home health pay- Budget Act of 1997, is amended in clauses (v) gress and report annually thereafter on the implementation of the plan and performance ments. Congressman McGovern is in- and (vi) by striking ‘‘October 1, 1997,’’ each of the agency in meeting the goals and objec- troducing similar legislation in the place it appears and inserting ‘‘October 1, tives specified under subsection (a)(7). Such House of Representatives. 1998,’’. a report may be included as part of any of The problem with the current law is (2) CONFORMING AMENDMENTS.—Section the general management reports required especially serious in New England. 1861(v)(1)(L)(vii) of the Social Security Act under law. Home health agencies throughout the (42 U.S.C. 1395x(v)(1)(L)(vii)), as added by sec- tion 4602(c) of the Balanced Budget Act of SEC. 7. EVALUATION. region generally provide care for less 1997, is amended— (a) IN GENERAL.—The Director (or the lead cost than the national average. For ex- (A) by striking ‘‘April 1, 1998,’’ and insert- agency designated under section 5(c)) shall ample, the average Medicare payment contract with the National Academy of Pub- ing ‘‘August 1, 1998,’’; and lic Administration to evaluate the effective- per home health visit in Massachusetts (B) by striking ‘‘fiscal year 1998’’ and in- ness of this Act. Not later than 4 years after in 1995 was 19 percent below the na- serting ‘‘fiscal year 1999’’. the date of enactment of this Act the evalua- tional average. These programs are ef- (b) CHANGE IN BASE YEAR.—Section tion shall be submitted to the lead agency, fective. They provide high quality 1861(v)(1)(L)(v)(I) of the Social Security Act the Director, and Congress. home health care and help people to re- (42 U.S.C. 1395x(v)(1)(L)(v)(I)) is amended by (b) CONTENTS.—The evaluation under sub- striking ‘‘ending during fiscal year 1994’’ main in the community and out of hos- each place it appears and inserting ‘‘ending section (a) shall— pitals and nursing homes. And they do (1) assess the effectiveness of this Act in during fiscal year 1995 or, at the election of meeting the purposes of this Act and make so in a cost-efficient manner. Never- the agency, calendar year 1995’’. specific recommendations to further the im- theless, the Home & Health Care Asso- (c) EFFECTIVE DATE.—The amendments plementation of this Act; ciation of Massachusetts estimates made by subsections (a) and (b) shall apply (2) evaluate actual performance of each that the provisions of the Balanced as if included in the enactment of the Bal- agency in achieving the goals and objectives Budget Act of 1997 could result in a loss anced Budget Act of 1997. stated in agency plans; and of 1.5 million home health visits—a 20 Mr. JEFFORDS. Mr. President, (3) assess the level of coordination and co- percent reduction—this year. Under today, I am introducing legislation operation among the Director, Federal agen- the Act, Massachusetts and other with my colleague Senator KENNEDY cies, State, local, and tribal governments, states that provide high quality care that will improve the implementation and qualified organizations in implementing this Act. efficiently and at lower rates are at a of the interim payment system to SEC. 8. EFFECTIVE DATE AND SUNSET. disadvantage, whereas inefficient pro- home health agencies established This Act shall take effect on the date of viders are permitted to lock in higher under the Balanced Budget Act of 1997. enactment of this Act and shall cease to be rates. It is imperative that we protect access

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S750 CONGRESSIONAL RECORD — SENATE February 12, 1998 to care for our most vulnerable popu- ees, employees, and patients of nearly terparts pursue education beyond high lations—the elderly and the disabled. every home health agency in the state. school. While I support the move to a prospec- I firmly believe we must act to guard To address these trends and ensure tive payment system for home care the health and welfare of a particularly that needy students have alternatives under the Balanced Budget Act, the vulnerable segment of the population. to borrowing, SSIG must be strength- payment system designed for the in- This legislation will help ensure that ened during the upcoming reauthoriza- terim period is proving to be an intol- our home health care infrastructure is tion of the Higher Education Act. The erable burden for the home health able to continue serving the patients legislation we introduce today, the agencies that serve Vermont’s Medi- that rely upon them. Leveraging Educational Assistance care beneficiaries. Partnership (LEAP) Act, does this by This bill would do two things to re- By Mr. REED (for himself, Ms. reauthorizing and making significant move the current threat to quality COLLINS, Mr. KENNEDY, Mrs. reforms to the SSIG program. home care. First, the bill delays the MURRAY, Mr. DODD, Ms. MIKUL- The LEAP Act provides states great- implementation of the interim pay- SKI, Mr. CONRAD, Mr. AKAKA, er incentives and flexibility to help ment system for one year. This will Mr. LEVIN, Mr. KERRY, Mr. needy students attend college. Our leg- minimize its impact on agencies as a JOHNSON, Mr. TORRICELLI, Mr. islation creates a two-tier grant pro- prospective payment system is put in KERREY, and Mr. HOLLINGS): gram. Any funds appropriated over a place. Second, the base year for estab- S. 1644. A bill to amend subpart 4 of trigger level of funding—$35 million— lishing per patient limits will shift part A of title IV of the Higher Edu- would require an increased state match from the current designation of fiscal cation Act of 1965 regarding Grants to of two new dollars for every federal year 1994, to either fiscal or calendar States for State Student Incentives; to dollar. However, states would gain new year 1995. Care rendered in 1995 is a bet- the Committee on Labor and Human flexibility to use these funds for activi- ter reflection of the current mix of pa- Resources. ties such as increasing grant amounts tients—and it captures the deterrent THE LEVERAGING EDUCATIONAL ASSISTANCE or carrying out academic or merit effect of Operation Restore Trust on PARTNERSHIP ACT scholarship programs, community serv- fraud and abuse in areas where cost Mr. REED. Mr. President, I rise to in- ice programs, early intervention, was inflated. troduce legislation with my Republican mentorship, and career education pro- My own State of Vermont is a good colleague on the Labor and Human Re- grams, secondary to postsecondary example of how the health care system sources Committee, Senator SUSAN education transition programs, or can work to provide for high quality COLLINS, as well as Senators KENNEDY, scholarship programs for students care for Medicare beneficiaries. Home MURRAY, DODD, MIKULSKI, CONRAD, wishing to enter the teaching profes- health agencies are a critical link in LEVIN, AKAKA, KERRY, JOHNSON, sion. the kind of health system that extends TORRICELLI, KERREY, and HOLLINGS to These improvements restore the in- care over a continuum of options and reform and reauthorize an important centive nature of the program by at- settings. New technology and advances student aid program, the State Student tracting more state funds for student in medical practice permit hospitals to Incentive Grant program or SSIG. aid and providing greater flexibility for discharge patients earlier. They give Last fall, I was pleased to join forces the use of these funds, while not persons suffering with acute or chronic with Senator COLLINS to lead the fight disenfranchising states that can only illness the opportunity to receive care to restore funding for SSIG on an 84 to match according to the current 1-to-1 and live their lives in familiar sur- 4 vote. requirement. roundings. Time and time again, This program provides funding on the The LEAP Act is supported by stu- Vermont’s home health agencies have basis of a dollar for dollar match to dents, educators, and student aid offi- proven their value by providing qual- help states provide need-based finan- cials, including the National Associa- ity, cost-effective services to these pa- cial aid in the form of grants and com- tion of State Student Grant and Aid tients. Yet time and again, federal pol- munity service work study awards to Programs (NASSGAP), the National icy seems to ensure that their good 700,000 students nationwide, and 13,000 Association of Independent Colleges deeds should go punished. students from my home state of Rhode and Universities (NAICU), the Amer- Furthermore, Vermont home health Island. Grants are targeted to the need- ican Council on Education (ACE), the agencies have been able to provide iest undergraduate and graduate stu- American Association of State Colleges quality service while consistently dents. and Universities (AASCU), the United maintaining the lowest per capital re- As I noted last fall during the debate States Public Interest Research Group imbursement rates for home care in on the Labor, Health and Human Serv- (USPIRG), the United States Student the country. The average Medicare ices, and Education Appropriations Association (USSA), and the National payment per patient in Vermont is ap- bill, many states would not have estab- Association of Graduate-Professional proximately $3,000 per year, one third lished or maintained their need-based Students. lower than the national average, and financial aid programs without this im- Mr. President, I believe we should far less than in high costs states where portant federal incentive. Moreover, help all our citizens achieve the Amer- payments rise as high as $7,900 per pa- students, searching for sources of need- ican Dream and ensure access to higher tient per year. Now, Vermont agencies based grants to make their higher edu- education, especially for hard working face a interim payment system estab- cation dreams a reality, have come to families whose wages have not kept up lished under the Balanced Budget Act rely on SSIG. with inflation. I urge my colleagues to of 1997 that is based on historical cost. Indeed, the importance of SSIG has join us in this critical effort to Instead of being rewarded for their increased over the years as sky- strengthen federal-state student aid good work, Vermont agencies will have rocketing college costs have eroded the partnerships and our commitment to a much lower per patient limit under purchasing power of the Pell Grant, America’s students. Medicare than agencies in high cost and as the grant-loan imbalance wid- Mr. President, I ask unanimous con- areas. According to a January 7 article ens. Twenty-three years ago, 80 percent sent that the text of the bill be printed in the Wall Street Journal, Vermont’s of student aid came in the form of in the RECORD. 13 agencies could lose over $2 million grants and 20 percent in the form of There being no objection, the bill was next year by continuing to do what loans. Today the opposite is true, and ordered to be printed in the RECORD, as they always have done—providing effi- students face significant debt upon follows: cient and essential services. graduation. S. 1644 Since the impact of the interim pay- In addition, low-income students are Be it enacted by the Senate and House of ment system became apparent, I have still finding it particularly hard to af- Representatives of the United States of America been in continuous contact with the ford higher education. Less than 50% of in Congress assembled, Vermont Assembly of Home Health high school graduates with incomes SECTION 1. SHORT TITLE. Agencies; the Vermont Agency of under $22,000 go to college, while more This Act may be cited as the ‘‘Leveraging Human Services; and directors, trust- than 80% of their higher income coun- Educational Assistance Partnership Act’’.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S751 SEC. 2. LEVERAGING EDUCATIONAL ASSISTANCE U.S.C. 1070c(a)) is amended to read as fol- cational opportunities for those in PARTNERSHIP PROGRAM. lows: greatest need of financial assistance. I (a) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(a) PURPOSE OF SUBPART.—It is the pur- look forward to moving it through Con- Section 415A(b) of the Higher Education Act pose of this subpart to make incentive of 1965 (20 U.S.C. 1070c(b)) is amended— grants available to States to assist States gress. (1) in paragraph (1), by striking ‘‘1993’’ and in— By Mr. ABRAHAM (for himself, inserting ‘‘1999’’; ‘‘(1) providing grants to— (2) by redesignating paragraph (2) as para- ‘‘(A) eligible students attending institu- Mr. LOTT, Mr. DEWINE, Mr. graph (3); and tions of higher education or participating in INHOFE, Mr. NICKLES, Mr. (3) by inserting after paragraph (1) the fol- programs of study abroad that are approved COVERDELL, Mr. HELMS, Mr. lowing: for credit by institutions of higher education COATS, Mr. SESSIONS, Mr. ENZI, ‘‘(2) RESERVATION.—For any fiscal year for at which such students are enrolled; Mr. CRAIG, Mr. KYL, Mr. HATCH, which the amount appropriated under para- ‘‘(B) eligible students for campus-based Mr. FAIRCLOTH, Mr. BROWN- graph (1) exceeds $35,000,000, the excess shall community service work-study; and BACK, Mr. SANTORUM, Mr. be available to carry out section 415E.’’. ‘‘(2) carrying out the activities described in MCCONNELL, Mr. HUTCHINSON, (b) SPECIAL LEVERAGING EDUCATIONAL AS- section 415F.’’. SISTANCE ARTNERSHIP ROGRAM OND RASSLEY P P .—Subpart 4 (2) ALLOTMENT.—Section 415B(a)(1) of the Mr. B , and Mr. G ): of part A of title IV of the Higher Education Higher Education Act of 1965 (20 U.S.C. 1070c– S. 1645. A bill to amend title 18, Act of 1965 (20 U.S.C. 1070c et seq.) is amend- 1(a)(1)) is amended by inserting ‘‘and not re- United States Code, to prohibit taking ed— served under section 415A(b)(2)’’ after minors across State lines to avoid laws (1) by redesignating section 415E as 415F; ‘‘415A(b)(1)’’. requiring the involvement of parents in and (2) by inserting after section 415D the fol- Mr. KERREY. Mr. President, it is abortion decisions; to the Committee lowing: with great pleasure that I cosponsor on the Judiciary. ‘‘SEC. 415E. SPECIAL LEVERAGING EDUCATIONAL this important piece of legislation to THE CHILD CUSTODY PROTECTION ACT OF 1998 ASSISTANCE PARTNERSHIP PRO- help the very neediest of individuals Mr. ABRAHAM, Mr. President. I rise GRAM. obtain a college degree. today to introduce legislation pro- ‘‘(a) IN GENERAL.—From amounts reserved under section 415A(b)(2) for each fiscal year, One of the most important goals that tecting the most important relation- the Secretary shall— we can accomplish as legislators is to ship of all: that of parents and their ‘‘(1) make allotments among States in the ensure that every American who is children. All of us know that the fam- same manner as the Secretary makes allot- willing to work hard can go to college ily is the fundamental, crucial and in- ments among States under section 415B; and and have a shot at the American dispensable basis of our civilization. ‘‘(2) award grants to States, from allot- Dream. Yet we know that the cost of a Without strong families our children ments under paragraph (1), to enable the college education is rising rapidly, and will grow up without role models, with- States to pay the Federal share of the cost of that can be an inhibitor for potential out a sound knowledge of how they the authorized activities described in sub- section (c). students. ought to behave and for what they ‘‘(b) APPLICABILITY RULE.—Except as oth- By reauthorizing and reforming ought to strive. As a consequence, the erwise provided in this section, the provi- State Student Incentive Grants, the data shows quite clearly that children sions of this subpart which are not incon- LEAP Act ensures that this important deprived of strong family lives are sistent with this section shall apply to the program continues to assist those stu- more likely to suffer from depression, program authorized by this section. dents who otherwise may not be able to substance abuse, crime, violence, pov- ‘‘(c) AUTHORIZED ACTIVITIES.—Each State receiving a grant under this section may use pursue higher education. Together with erty and even suicide. the grant funds for— Pell grants they make it possible for Yet, when it comes to one of the ‘‘(1) increasing the dollar amount of grants low-income students to reach their po- most important decisions in life, Mr. awarded under section 415B to eligible stu- tential and in turn become productive President, children are being kept from dents who demonstrate financial need; contributors in our increasingly knowl- the guidance of their parents. I am ‘‘(2) carrying out transition programs from edge-based economy. talking, of course, about the decision secondary school to postsecondary education This legislation restores to the SSIG whether or not to have an abortion. for eligible students who demonstrate finan- program its incentive nature by giving The American people recognize how cial need; ‘‘(3) carrying out community service pro- states a reason to increase their invest- crucial it is for minor children to in- grams for eligible students who demonstrate ment in it. Any funds appropriated volve their parents in this life-chang- financial need; over $35 million would require an in- ing decision. 74 percent of Americans in ‘‘(4) creating a scholarship program for eli- creased state match of two new dollars a 1996 Gallup poll favored requiring mi- gible students who demonstrate financial for every federal dollar. In return nors to get parental consent for an need and wish to enter teaching; greater flexibility will be provided for abortion. People quite reasonably be- ‘‘(5) carrying out early intervention pro- the use of these extra funds. They can lieve that parents should be involved in grams, mentoring programs, and career edu- be used to increase grant awards or for deciding whether their daughter should cation programs for eligible students who demonstrate financial need; and other worthy activities such as car- undergo an abortion. As the Supreme ‘‘(6) awarding merit or academic scholar- rying out academic or merit scholar- Court noted in H.L. v. Matheson, ‘‘the ships to eligible students who demonstrate ship programs or career education pro- medical, emotional, and psychological financial need. grams. consequences of an abortion are serious ‘‘(d) MAINTENANCE OF EFFORT REQUIRE- Nebraska has been supportive of the and can be lasting; this is particularly MENT.—Each State receiving a grant under SSIG program and has shown that sup- so when the patient is immature.’’ this section for a fiscal year shall provide port in its willingness to overmatch Convinced of the soundness of this the Secretary an assurance that the aggre- gate amount expended per student or the ag- the federal contribution. However, with reasoning, at least 22 states have en- gregate expenditures by the State, from the decrease in appropriations from $50 acted laws requiring consent of or noti- funds derived from non-Federal sources, for million for fiscal year 1997 to $25 mil- fication to at least one parent, or au- the authorized activities described in sub- lion for fiscal year 1998, the state will thorization by a judge, before a minor section (c) for the preceding fiscal year were be able to assist approximately 500 can obtain an abortion. Unfortunately, not less than the amount expended per stu- fewer students. Seventy-one percent of this wise policy is being undermined. dent or the aggregate expenditures by the Nebraska students who received an Thousands of children every year are State for the activities for the second pre- ceding fiscal year. The Secretary may waive SSIG had a family income of $20,000 or taken across state lines by people this subsection for good cause, as determined less. other than their parents to secure se- by the Secretary. By lending further support to the cret abortions. As we speak, Mr. Presi- ‘‘(e) FEDERAL SHARE.—The Federal share of SSIG program we can ensure that these dent, abortion providers are taking out the cost of the authorized activities de- 500 students and thousands of students large advertisements in the Yellow scribed in subsection (c) for any fiscal year across the nation do not fall between Pages in cities like Harrisburg and shall be 331⁄3 percent.’’. (c) TECHNICAL AND CONFORMING AMEND- the cracks. Scranton, Pennsylvania, trumpeting MENTS.— Mr. President, I am cosponsoring this the fact that their clinics, across the (1) PURPOSE.—Subsection (a) of section bill today because it represents a good Pennsylvania state line, do not require 415A of the Higher Education Act of 1965 (20 bipartisan effort to increase edu- parental notification as Pennsylvania

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S752 CONGRESSIONAL RECORD — SENATE February 12, 1998 does. In essence, these abortion pro- damage the rule of law by subverting logical consequences of an abortion are viders are encouraging people to cir- legitimate statutes. They also under- serious and can be lasting; this is par- cumvent Pennsylvania’s parental noti- cut our Constitutional liberties by ticularly so when the patient is imma- fication law by crossing the border into stretching them beyond all rational ture.’’ New Jersey, New York or Maryland for bounds and using them to sap parental In my view that strangers should be a secret abortion. rights and family ties. barred from circumventing the rights And thousands of times every year We can no more afford to allow state of parents to be involved in life and this suggestion is taken up by non-re- laws to be flouted than we can afford to death decisions faced by their children. lated adults who want to circumvent allow family ties to be further under- I believe the vast majority of Ameri- the law. One example of this conduct mined. For the sake of our families and cans will never want to relegate the made headlines recently. The case in- our rule of law, I urge my colleagues to well-being of our children to a situa- volved an 18 year old Pennsylvania defend both by supporting the Child tion where life-altering decisions are man who got his 12 year old neighbor Custody Protection Act. made without the guidance and support pregnant. Pennsylvania law requires Mr. DEWINE. Mr. President, today I of caring parents. parental consent prior to an abortion rise as a cosponsor of the Child Cus- on a minor. To circumvent this law, tody Protection Act sponsored by my By Mr. LAUTENBERG (for him- Rosa Hartford, mother of the 18 year colleague, Senator SPENCER ABRAHAM, self, Mr. TORRICELLI, and Mr. old, secretly took the girl to an abor- to whom I am grateful for introducing BUMPERS): tion clinic in New York, a state with this important legislation. The purpose S. 1646. A bill to repeal a provision of no parental notification requirement. of this legislation is to make it a crime law preventing donation by the Sec- Her actions discovered, Mrs. Hartford, to transport a child across state lines if retary of the Navy of the two remain- whose son pled guilty to two counts of this circumvents state law requiring ing Iowa-class battleships listed on the statutory rape, was convicted of inter- parental involvement or a judicial Naval Vessel Register and related re- fering with the custody of a child. waiver for a minor to obtain an abor- quirements; to the Committee on The Center for Reproductive Law and tion. Armed Services. Policy (CLRP), a prominent In a well-publicized case in Pennsyl- THE HISTORIC BATTLESHIP PRESERVATION ACT proabortion legal defense organization, vania, a 12-year-old girl became preg- Mr. LAUTENBERG. Mr. President, I appealed Mrs. Hartford’s conviction on nant after a sexual relationship with rise to introduce legislation to repeal a the grounds that she merely ‘‘assisted an 18-year-old man. As parental con- 1996 law that requires the Navy to a woman to exercise her constitutional sent is required under Pennsylvania maintain two antiquated battleships in rights’’ and as such was herself pro- law before a minor can receive an abor- its reserves, even though they will tected from prosecution by the Con- tion, the man’s mother took the preg- never again see even one more day of stitution. nant girl to New York for an abortion, Mr. President, this reasoning cannot where there is no such parental in- battle. This provision requires the stand. To say that, because the court volvement law. The baby was aborted. Navy to maintain two Iowa-class bat- in Roe v. Wade declared most abortions The girl’s mother did not consent to tleships as mobilization assets, even constitutionally protected during the her daughter having an abortion; in though the Navy will never again rely first trimester, that therefore minors fact, she did not even know her daugh- on them to protect American interests. have an absolute right to abortion ter was pregnant. Unfortunately, par- The Iowa-class battleships were com- without so much as notifying their par- ents and guardians have no clear re- missioned during World War II. They ents, and that third parties—whatever course when another adult circumvents were built at the request of President their motives—have the right to se- the law of the state where the parent Franklin Roosevelt to be the American cretly transport them across state and child live by transporting a child Navy’s fastest battleship, and their 16- lines for a secret abortion, is to stand to another state. inch guns were designed to pummel our constitutional protections on their Twenty-two states have laws that re- adversaries’ shores. There is no doubt head. It is to strip children to the nat- quire either notification or consent of that these battleships are of significant ural protection of their parents. a parent before a minor child receives historical importance to the American For the sake of our children and our an abortion. Currently, in my State of military heritage. They represent families, this must stop. We must up- Ohio, a parent or guardian must be no- America’s pride in its Navy. They sym- hold the law and uphold the family tie. tified before a child receives an abor- bolize our admiration for those who That is why I am introducing the Child tion. However, the State Legislature worked so hard to build and serve Custody Protection Act. This legisla- has recently passed a law requiring aboard our battleships. tion is simple and straightforward. It both parental consent and a face-to- In 1995, the Navy determined that all will make it a federal offense to trans- face meeting with the doctor per- four of the World War II era Iowa-class port a minor across state lines with in- forming the abortion at least twenty- battleships in its arsenal—the USS tent to avoid the application of a state four hours before the procedure. Clear- Iowa, USS New Jersey, USS Missouri, law requiring parental involvement in ly, the citizens of Ohio have a compel- and USS Wisconsin—were no longer es- a minor’s abortion, or judicial waiver ling interest in making sure that par- sential to our national defense. Subse- of such a requirement. ents are involved in a minor’s decision quently, the Navy struck these four Children must receive parental con- to have an abortion, and that women ships from the Naval Vessel Register. sent for even minor surgical proce- have a full opportunity to consider the The laws governing the disposal of dures, Mr. President. The profound, medical implications of their decision ships stricken from the Register allow lasting physical and psychological ef- to abort an unborn child. the Navy to donate these ships to fects of abortion demand that we help The right of citizens to pass and en- states, local communities, and non- states guarantee parental involvement force laws regarding the rights of par- profits for display as memorials and in the abortion decision. That means, ents is completely abrogated by the museums. Thus, in 1995, the Navy was at a minimum, seeing to it that outside ability of strangers to surreptitiously set to begin the process of donating all parties cannot circumvent state paren- transport children to another state to four ships. tal notification and consent laws with obtain a surgical or drug-induced abor- But the Senate Armed Services Com- impunity. tion. By introducing this bill, we are mittee disagreed with the Navy’s deci- America is in the midst of a profound sending a clear message that Roe v. sion to release these ships, the Com- debate over the nature and status of Wade does not confer a ‘‘right’’ on mittee included a provision in the fis- abortion. But, even as many of us dis- strangers to take one’s minor daughter cal year 1996 Defense Authorization agree over a number of crucial issues, across state lines to obtain an abortion Act mandating that the Navy maintain we all should be able to agree that duly when the involvement of a parent or a at least two of the Iowa-class battle- enacted laws must be upheld. Those court is required. In H.L. v. Matheson, ships on the Naval Vessel Register. The who would undermine these laws in the the Supreme Court correctly stated, Navy subsequently chose the USS New name of unfettered abortion on demand ‘‘the medical, emotional, and psycho- Jersey and the USS Wisconsin to comply

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S753 with this provision. The bill I am intro- plate, a state income tax check-off, and II in almost every region of the world. ducing today would repeal this require- private donations. But New Jersey’s ef- Launched on December 7, 1942, one year ment, enabling the Navy to once again forts are hamstrung by the 1996 law re- after the infamous attack on Pearl strike these ships from the Register quiring the Navy to maintain the Iowa- Harbor, the ship proceeded to the Pa- and make them available for donation class battleships on the Naval Vessel cific where she was involved in many to interested communities. Register. historic campaigns, including the bat- Mr. President, I hope the members of Repealing this law will have a three- tles for the Marshalls, Marianas, Phil- this distinguished body will approve fold public benefit. First and most ob- ippines, Iwo Jimo and Okinawa. A par- my proposal to repeal this law. It vious, we will no longer need to provide ticular highlight of the New Jersey’s ca- makes sense from a national defense funding in our defense budget for ships reer was service as flagship for Com- perspective. Navy Secretary Dalton has that will never be reactivated. This mander Third Fleet, Admiral ‘‘Bull’’ said that the Navy has no plans to re- alone warrants the support of my pro- Halsey, during the Battle of Leyte Gulf activate these ships. In a recent letter posal. Second, we will contribute to the in October 1944. to the Appropriations Committee, he economic development of our cities at Once the Japanese surrendered in wrote, ‘‘the Navy does not intend to re- no further cost to the federal govern- 1945, the New Jersey settled into a turn the ships to service. . .’’ They will ment. And third, we will enable genera- peacetime routine, and was decommis- never again fire their 16-inch guns to tions of Americans to honor the his- sioned in 1948. The ship was recommis- support an amphibious landing or oper- tory of our battleships by facilitating sioned in 1950 for the Korean war, in ation ashore. They will never again their display as memorials and muse- 1968 for Vietnam, and again in 1982 serve as a platform for surface fire-sup- ums. when former President Reagan ordered port. Instead, they will only continue Forcing the Navy to keep the Iowa- the re-activation of all four Iowa-class to sit, mothballed at Naval ports, class battleships ready for war is the battleships as part of a massive naval awaiting a call to duty that they will equivalent of forcing NASA to keep the buildup. In February 1991, because of never hear. Apollo rockets ready to blast off into end to the Cold War, another victory This bill also makes sense from a fis- space. As we all know, the Apollo which she helped to secure, the New cal perspective. According to Navy es- project was undertaken to send Ameri- Jersey was decommissioned for a final time and is now in Bremerton, Wash- timates, the cost of maintaining these cans to the moon. Will we ever want to ington. ships is approximately $200,000 per ship send an American to the moon again? Following the removal of the U.S.S. per year. To date, the Navy has already Probably—but not in an rocket. Apollo New Jersey from the Naval Vessel Reg- spent close to $1 million to mothball Even though advances in technology ships that will never again be reac- ister, the New Jersey legislature cre- have rendered the Apollos relics of the ated the Battleship New Jersey Com- tivated for purposes of national de- American determination to succeed, fense. I see no sense in the federal gov- mission, which applied for donation of their preservation at locations the ship to the State of New Jersey. ernment’s paying for the Navy to keep throughout the country allows the pub- The Commission, and tens of thousands ships ready for a war in which it will lic to admire and appreciate their leg- of volunteers, have undertaken a mas- never call them to serve. The American acy. And NASA doesn’t have to keep sive fundraising effort to pay for the taxpayer deserves a better deal. paying for them. costs of transporting the U.S.S. New Although these ships have been de- Mr. President, I look forward to activated for good, they can still con- Jersey home, and have already secured working with the members of the approximately $3 million for this ef- tinue to be of immense public benefit. Armed Services Committee to pass this On the eve of the twenty-first century, fort. Together with the people of our bill. It is good for the American tax- state, the Commission has been ac- many of our nation’s waterfront cities payers and our national defense, and I tively preparing for the return of the are struggling to resurrect their econo- hope my colleagues will join me in this U.S.S. New Jersey as the only Iowa- mies. The federal government spends effort. class battleship which may be berthed millions each year on projects to help Mr. President, I ask unanimous con- as an educational museum and memo- revitalize blighted waterfront commu- sent that the text of this bill be placed rial in her namesake state. nities. Since the laws governing the in the RECORD. None of this hard work and sacrifice disposal of former Navy assets allow There being no objection, the bill was will make a difference though, without their donation, we are presented with a ordered to be printed in the RECORD, as the repeal of Section 1011 of the fiscal unique opportunity to contribute to follows: year 1996 Defense Authorization Act, the economic development of our cit- S. 1646 which requires the Navy to maintain at ies—at no further cost to the federal Be it enacted by the Senate and House of least two of the Iowa-class battleships government. Many of our communities Representatives of the United States of America that have been stricken from the Naval want to compete to berth a ship on in Congress assembled, Vessel Register. This provision was in- their shores, as a museum and memo- SECTION 1. SHORT TITLE. cluded to ensure that the Navy would rial, to anchor a waterfront develop- This Act may be cited as the ‘‘Historic have the necessary firepower to sup- Battleship Preservation Act’’. ment project. But the 1996 law is de- port Marine Corps’ amphibious assaults priving these communities of a chance SEC. 2. REPEAL OF REQUIREMENT FOR CONTIN- UED LISTING OF TWO IOWA-CLASS and operations ashore. In accordance to undergo major revitalization efforts. BATTLESHIPS ON THE NAVAL VES- with this requirement, the Navy is cur- The citizens of New Jersey recog- SEL REGISTER. rently maintaining the U.S.S. New Jer- nized the economic development poten- Section 1011 of the National Defense Au- sey and the U.S.S. Wisconsin and nei- tial of these battleships many years thorization Act for Fiscal Year 1996 (Public ther ship is available for distribution ago. My constituents have been pre- Law 104–106; 110 Stat. 421) is repealed. to the states. paring for the return of the USS New Mr. TORRICELLI. Mr. President, I However, the Navy does not want nor Jersey as the only Iowa-class battleship rise today with Senator LAUTENBERG in do they need these ships. It is my un- which may be berthed as an edu- introducing legislation that will make derstanding that the Navy can effec- cational museum and memorial in her the dream of bringing the battleship tively support the Marines through the namesake state. Tens of thousands of U.S.S. New Jersey home to New Jersey use of other platforms, and does not re- volunteers have devoted countless a reality. I want to thank Senator LAU- quire the U.S.S. New Jersey for this im- hours to this long-standing, state-wide TENBERG for his hard work and com- portant task. Secretary Dalton has project. The New Jersey legislature mitment to this issue, and look for- said that the Navy has no plans to re- created the Battleship New Jersey ward to working with him to ensure activate these proud ships, and is Commission, which has undertaken an that this symbol of freedom returns to forced to spend $200,000 per ship, per ambitious fundraising effort to obtain her namesake-state in the near future. year to mothball ships that will never the USS New Jersey. To date, the Com- The U.S.S. New Jersey is one of the again be reactivated for the purposes of mission has secured approximately $3 most notable battleships in the Navy’s national defense. million for this effort through sales of history. She has been protecting and Senator LAUTENBERG and I have also a ‘‘Battleship New Jersey’’ license defending democracy since World War sent letters to Secretary Dalton and

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S754 CONGRESSIONAL RECORD — SENATE February 12, 1998 the Senate Armed Services Committee to the changing economic conditions in SEC. 2. REAUTHORIZATION OF PUBLIC WORKS regarding this matter, but have decided communities that have relied on one AND ECONOMIC DEVELOPMENT ACT OF 1965. that the most effective way to proceed industry—only to see that industry The Public Works and Economic Develop- is with a legislative remedy. Our bill shut down and move away. EDA’s plan- ment Act of 1965 (42 U.S.C. 3131 et seq.) is would eliminate Section 1011, and re- ning and public works assistance has amended by striking all after the first sec- move one of the last obstacles pre- allowed these communities to attract tion and inserting the following: venting the U.S.S. New Jersey from new companies, retain companies al- ‘‘SEC. 2. FINDINGS AND DECLARATION. making the long journey home to our ready in place and diversify their ‘‘(a) FINDINGS.—Congress finds that— state. economies. ‘‘(1) the maintenance of the national econ- During New Jersey’s final decommis- EDA has also been instrumental in omy at a high level is vital to the best inter- sioning ceremony, her last com- responding to and assisting areas af- ests of the United States, but that some of manding officer, Captain Robert C. fected by natural disasters. In Florida our regions, counties, and communities are Peniston remarked, ‘‘Rest well, yet and Louisiana, EDA was there to help suffering substantial and persistent unem- ployment and underemployment that cause sleep lightly; and hear the call if again businesses affected by the devastation hardship to many individuals and their fami- sounded, to provide firepower for free- of Hurricane Andrew. And EDA is still lies, and waste invaluable human resources; dom.’’ It is only just that the U.S.S. working with those areas of the Mid- ‘‘(2) to overcome this problem the Federal New Jersey rest well in the welcome west devastated by the disastrous Government, in cooperation with the States, waters off the coast of her namesake floods of 1993 and those areas recently should help areas and regions of substantial state, and enjoy the company of the impacted by floods in the Pacific and persistent unemployment and under- people that she fought so hard to pro- Northwest. employment to take effective steps in plan- tect throughout her time in the active The programs within the EDA have ning and financing their public works and duty fleet. become even more critical to Congress’ economic development; America is profoundly thankful for efforts to alleviate and address job ‘‘(3) Federal financial assistance, including grants for public works and development fa- the service of the U.S.S. New Jersey and losses due to the closure and realign- cilities to communities, industries, enter- the patriotism of the courageous men ment of military bases around the prises, and individuals in areas needing de- and women who served aboard her. For country. velopment should enable such areas to help the reasons I stand today to recognize The EDA’s programs are effective themselves achieve lasting improvement and the Battleship New Jersey Commis- tools that are used on the local level— enhance the domestic prosperity by the es- sion, and the generations of Americans working hand-in-hand with local gov- tablishment of stable and diversified local who went to war with the U.S.S. New ernments and businesses to develop fu- economies, sustainable development, and im- Jersey. I am proud to offer this legisla- ture economic investment strategies. proved local conditions, if such assistance is By acting as a catalyst, economic de- preceded by and consistent with sound, long- tion with Senator LAUTENBERG. range economic planning; and velopment funds are used to attract By Mr. BAUCUS (for himself, Ms. ‘‘(4) under the provisions of this Act, new significant private contributions and employment opportunities should be created SNOWE, Mr. LIEBERMAN, Mr. support. by developing and expanding new and exist- KEMPTHORNE, Mr. DASCHLE, Mr. Despite efforts to dismantle the EDA, ing public works and other facilities and re- DODD, Mr. DURBIN, Mr. LAUTEN- the agency has matured in its approach sources rather than by merely transferring BERG, Ms. COLLINS, Mr. JOHN- to local economic development efforts. jobs from one area of the United States to SON, and Mr. KENNEDY) (by re- But the lack of authorization has not another, and by supporting firms and indus- quest): allowed Congress to make necessary tries which add to the growth of the nation’s S. 1647. A bill to reauthorize and changes to the statute and mission of economy through improved technology, in- make reforms to programs authorized the EDA. As with any program, there creased exports, and the supply of goods and by the Public Works and Economic De- services to satisfy unmet demand. are some areas that are working well ‘‘(b) DECLARATION.—Congress declares that, velopment Act of 1965; to the Com- and other areas that need to be refined. in furtherance of maintaining the national mittee on Environment and Public The lack of authorization has left some economy at a high level— Works. aspects of EDA’s programs outdated or ‘‘(1) the assistance authorized by this Act THE ECONOMIC DEVELOPMENT PARTNERSHIP ACT unnecessary. That is why I am intro- should be made available to both rural and OF 1998 ducing this bill today—a bill to stream- urban areas; Mr. BAUCUS. Mr. President, I rise line and advance EDA’s successful pro- ‘‘(2) such assistance should be made avail- today to introduce a bill to reauthorize able for planning for economic development grams. prior to the actual occurrences of economic programs within the Economic Devel- Mr. President, our country is faced opment Administration. It is with distress in order to avoid such condition; and with many challenges. Many of our ‘‘(3) Such assistance should be used for great pleasure that I am joined by my communities are in economic transi- long-term economic rehabilitation in areas colleagues, Senators SNOWE, LIEBER- tion and need to strengthen the diver- where long-term economic deterioration has MAN, KEMPTHORNE, DASCHLE, DODD, sity of their economies. We need to re- occurred or is taking place. DURBIN, LAUTENBERG, COLLINS, JOHN- authorize EDA. It is high time we rec- ‘‘TITLE I—ECONOMIC DEVELOPMENT SON, and KENNEDY. ognize the important role that EDA PARTNERSHIPS COOPERATION AND CO- Mr. President, programs under the plays in the future of this country. ORDINATION jurisdiction of the Economic Develop- Mr. President, I ask unanimous con- ‘‘SEC. 101. ESTABLISHMENT OF ECONOMIC DE- ment Administration have not been re- sent that a copy of the bill be printed VELOPMENT PARTNERSHIPS. authorized for almost two decades. De- in the CONGRESSIONAL RECORD, along ‘‘(a) IN GENERAL.—In providing assistance spite the uncertainty and instability with a brief section-by-section. under this Act, the Secretary shall cooperate this has created, EDA has become the There being no objection, the items with States and other entities to assure that, consistent with national objectives, Federal cornerstone for efforts to strengthen were ordered to be printed in the and diversify the economies of our na- programs are compatible with and further RECORD, as follows: the objectives of State, regional and local tion’s communities. S. 1647 economic development plans and comprehen- Since its inception in 1965, the EDA Be it enacted by the Senate and House of Rep- sive economic development strategies. has established an impressive track resentatives of the United States of America in ‘‘(b) TECHNICAL ASSISTANCE.—The Sec- record of helping communities help Congress assembled, retary shall provide such technical assist- themselves. These ‘‘bootstrap’’ efforts SECTION 1. SHORT TITLE; EFFECTIVE DATE. ance to States, local governmental subdivi- have allowed communities to meet eco- (a) SHORT TITLE.—This Act may be cited as sions of States, sub-State regional organiza- nomic challenges in a variety of ways— the ‘‘Economic Development Partnership tions (including organizations which cross making public works improvements to Act of 1998’’. State boundaries, and multi-State regional attract new businesses and providing (b) EFFECTIVE DATE.—Except as otherwise organizations as the Secretary determines expressly provided, the provisions of this Act may be necessary or desirable to alleviate technical assistance and planning and the amendments made by this Act shall economic distress, encourage and support grants that allow a community to plan take effect as determined by the Secretary public-private partnerships for the formation for their future for example. of Commerce (hereinafter referred to as the and improvement of economic development In my home state of Montana, EDA Secretary), but not later than three months strategies which promote the growth of the has been a powerful force in responding after the date of the enactment of this Act. national economy, stimulate modernization

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S755 and technological advances in the generation ‘‘(C) primarily benefit the long-term unem- consistencies between the State plan and the and commercialization of goods and services, ployed and members of low-income families; local and economic development district and enhance the effectiveness of American or plans, with the justification for each incon- firms in the global economy. ‘‘(D) in the case of projects within areas sistency. Any overall State economic devel- ‘‘(c) INTERGOVERNMENTAL REVIEW.—The described in section 302(a)(8), the project will opment planning shall be a part of a com- Secretary shall prescribe regulations which enhance the economic growth potential of prehensive planning process that shall con- will assure that appropriate State and local the area or result in additional long-term sider the provisions of public works to stim- governmental authorities have been given a employment opportunities commensurate ulate and channel development, economic reasonable opportunity to review and com- with the amount of Federal financial assist- opportunities and choices for individuals, to ment upon proposed projects which the Sec- ance requested; support sound land use, to foster effective retary determines may have a significant di- ‘‘(2) the project for which a grant is re- transportation access, to promote sustain- rect impact on the economy of the area. quested will fulfill a pressing need of the able development, to enhance and protect ‘‘(d) COOPERATIVE AGREEMENTS.—The Sec- area, or part thereof, in which it is, or will the environment including the conservation retary may enter into a cooperative agree- be, located; and and preservation of open spaces and environ- ment with any two or more adjoining States, ‘‘(3) the area for which a project is to be mental quality, to provide public services, or an organization thereof, in support of ef- undertaken has a satisfactory comprehensive and to balance physical and human resources fective economic development. Each such economic development strategy as provided through the management and control of agreement shall provide for suitable partici- by section 303 and such project is consistent physical development. Each State receiving pation by other governmental and non- with such strategy. assistance for the preparation of a plan ac- governmental parties representative of sig- ‘‘(c) In the case of an area described in sec- cording to the provisions of this subsection nificant interests in and perspectives on eco- tion 302(a)(4), the Secretary may provide as- shall submit to the Secretary an annual re- nomic development in the area. sistance only if the Secretary finds that the port on the planning process assisted under ‘‘SEC. 102. COOPERATION OF FEDERAL AGEN- project to be undertaken will provide imme- this subsection. CIES. diate useful work to unemployed and under- ‘‘SEC. 204. COST SHARING. ‘‘Each Federal department and agency, in employed persons in that area. ‘‘Subject to section 205, the amount of any accordance with applicable laws and within ‘‘(d) Not more than 15 per centum of the direct grant under this title for any project the limits of available funds, shall exercise appropriations made pursuant to this section shall not exceed 50 percent of the cost of its powers, duties and functions, and shall may be expended in any one State. such project. In determining the amount of cooperate with the Secretary in such manner ‘‘SEC. 202. CONSTRUCTION COST INCREASES. the non-Federal share of costs or expenses, as will assist the Secretary in carrying out ‘‘In any case where a grant (including a the Secretary shall give due consideration to the objectives of this Act. supplemental grant) has been made by the all contributions both in cash and in kind, ‘‘SEC. 103. COORDINATION. Secretary under this title or made, before fairly evaluated, including contributions of ‘‘The Secretary shall actively coordinate the effective date of the Economic Develop- space, equipment, and services. with other Federal programs, States, eco- ment Partnership Act of 1998, under title I of ‘‘SEC. 205. SUPPLEMENTARY GRANTS. nomic development districts, and other ap- this act, as in effect before such effective ‘‘(a) IN GENERAL.—Upon the application of propriate planning and development organi- date, for a construction project and after any eligible recipient, the Secretary may zations the activities relating to the require- such grant has been made but before comple- make a supplementary grant for a project for ments for comprehensive economic develop- tion of the project, the cost of such project which the applicant is eligible but, because ment strategies and making grants under based upon the designs and specifications of its economic situation, for which it can- this Act. which were the basis of the grant has been not supply the required matching share. In- ‘‘SEC. 104. NATIONAL ADVISORY COMMITTEE. increased because of increases in costs, the cluded therein may be supplementary grants ‘‘The Secretary may appoint a National amount of such grant may be increased by made to enable the States and other entities Public Advisory Committee on Regional an amount equal to the percentage increase, within areas described in section 302(a) to Economic Development which shall consist as determined by the Secretary, in such take maximum advantage of designated Fed- of twenty-five members and shall be com- costs, but in no event shall the percentage of eral grant-in-aid programs (as defined in sub- posed of representatives of labor, manage- the Federal share of such project exceed that section (b)(4) of this section), direct grants- ment, agriculture, State and local govern- originally provided for in such grant. in-aid authorized under this title, and Fed- ments, Federal agencies, and the public in ‘‘SEC. 203. PLANNING AND ADMINISTRATIVE EX- eral grant-in-aid programs authorized by the general. From the members appointed to PENSES. Watershed Protection and Flood Prevention such Committee the Secretary shall des- ‘‘(a) Upon the application of any eligible Act (68 Stat. 666), and the 11 watersheds au- ignate a Chairman. Such Committee, or any recipient the Secretary may make direct thorized by the Flood Control Act of Decem- duly established subcommittee thereof, shall grants for economic development planning ber 22, 1944 (58 Stat. 887). from time to time make recommendations to and the administrative expenses of organiza- ‘‘(b) REQUIREMENTS APPLICABLE TO SUPPLE- the Secretary relative to the carrying out of tions undertaking such planning. MENTARY GRANTS.— the Secretary’s duties under this Act, includ- ‘‘(b) The planning for cities, other political ‘‘(1) AMOUNT OF SUPPLEMENTARY GRANTS.— ing the coordination of activities as provided subdivisions, Indian tribes, and sub-State The amount of any supplementary grant in section 103. Such Committee shall hold planning and development organizations (in- under this title for any project shall not ex- not less than two meetings during each cal- cluding areas described in section 302(a) and ceed the applicable percentage established endar year, and shall be governed by the pro- economic development districts) assisted by regulations promulgated by the Sec- visions of the Federal Advisory Committee under this title shall include systematic ef- retary, but in no event shall the non-Federal Act. forts to reduce unemployment and increase share of the aggregate cost of any such incomes. project (including assumptions of debt) be ‘‘TITLE II—GRANTS FOR PUBLIC WORKS ‘‘(c) The planning shall be a continuous less than 20 percent of such cost, except as AND ECONOMIC DEVELOPMENT process involving public officials and private provided in subsection (b)(6). ‘‘SEC. 201. PUBLIC WORKS GRANTS. citizens in analyzing local economies, defin- ‘‘(2) FORM OF SUPPLEMENTARY GRANTS.— ‘‘(a) Upon the application of any eligible ing development goals, determining project Supplementary grants shall be made by the recipient the Secretary may make direct opportunities and formulating and imple- Secretary, in accordance with such regula- grants for acquisition or development of land menting a development program. tions as the Secretary may prescribe, by in- improvements for public works, public serv- ‘‘(d) The planning assistance authorized creasing the amounts of direct grants au- ice, or development facility usage, and the under this title shall be used in conjunction thorized under this title or by the payment acquisition, design and engineering, con- with any other available Federal planning of funds appropriated under this act to the struction, rehabilitation, alteration, expan- assistance to assure adequate and effective heads of the departments, agencies, and in- sion, or improvement of such facilities, in- planning and economical use of funds. strumentalities of the Federal Government cluding related machinery and equipment. ‘‘(e) Any State plan prepared with assist- responsible for the administration of the ap- ‘‘(b) The Secretary may provide assistance ance under this section shall be prepared co- plicable Federal programs. under this section only if the Secretary finds operatively by the State, its political sub- ‘‘(3) FEDERAL SHARE LIMITATIONS SPECIFIED that— divisions, and the economic development dis- IN OTHER LAWS.—Notwithstanding any re- ‘‘(1) the project for which financial assist- tricts located in whole or in part within such quirement as to the amount or sources of ance is sought will directly or indirectly— State, as a comprehensive economic develop- non-Federal funds that may otherwise be ap- ‘‘(A) tend to improve the opportunities, in ment strategy. Upon completion of any such plicable to the Federal program involved, the area where such project is or will be lo- plan, the State shall (1) certify to the Sec- funds provided under this subsection may be cated, for the successful establishment or ex- retary that in the preparation of the State used for the purpose of increasing the Fed- pansion of industrial or commercial plants plan, the local and economic development eral contribution to specific projects in areas or facilities; district plans were considered and, to the described in section 302(a) under such pro- ‘‘(B) otherwise assist in the creation of ad- fullest extent possible, the State plan is con- grams above the fixed maximum portion of ditional long-term employment opportuni- sistent with the local and economic develop- the cost of such project otherwise authorized ties of such area; ment district plans, and (2) identify any in- by the applicable law.

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‘‘(4) DESIGNATED FEDERAL GRANT-IN-AID ‘‘SEC. 208. RELOCATION OF INDIVIDUALS AND Secretary under this title (or made under PROGRAMS DEFINED.—In this section, the BUSINESSES. this Act, as in effect on the day before the ef- term ‘designated Federal grant-in-aid pro- ‘‘Grants to eligible recipients shall include fective date of the Economic Development grams’ means such existing or future Federal such amounts as may be required to provide Partnership Act of 1998) for a construction grant-in-aid programs assisting in the con- relocation assistance to affected persons, as project, and after such grant has been made struction or equipping of facilities as the required by the Uniform Relocation Assist- but before completion of the project, the cost Secretary may, in furtherance of the pur- ance and Real Property Acquisition Act 1970, of such project based upon the designs and poses of this Act, designate as eligible for al- as amended. specifications which was the basis of the location of funds under this section. ‘‘SEC. 209. ECONOMIC ADJUSTMENT. grant has decreased because of decreases in ‘‘(5) CONSIDERATION OF RELATIVE NEED IN ‘‘(a) Upon the application of any eligible costs, such underrun funds may be used to DETERMINING AMOUNT.—In determining the recipient the Secretary may make direct improve the project either directly or indi- amount of any supplementary grant avail- grants for public facilities, public services, rectly as determined by the Secretary. able to any project under this title, the Sec- business development (including a revolving ‘‘SEC. 213. BASE CLOSINGS AND REALIGNMENTS. loan fund), planning, technical assistance, retary shall take into consideration the rel- ‘‘(a) LOCATION OF PROJECTS.—In any case in training, and other assistance which demon- ative needs of the area and the nature of the which the Secretary determines a need for strably furthers the economic adjustment project to be assisted. assistance under this title due to the closure objectives of this Act, including activities to ‘‘(6) EXCEPTIONS.—In the case of a grant to or realignment of a military or Department alleviate long-term economic deterioration, an Indian tribe, the Secretary may reduce of Energy installation, the Secretary may and sudden and severe economic disloca- the non-Federal share below the percentage make such assistance available for projects tions. specified in subsection (b)(1) or may waive to be carried out on the installation and for the non-Federal share. In the case of a grant ‘‘(b) The Secretary may provide assistance under this section only if the Secretary finds projects to be carried out in communities ad- to a State or a political subdivision of a versely affected by the closure or realign- State which the Secretary determines has that— ‘‘(1) the project will help the area meet a ment. exhausted its effective taxing and borrowing ‘‘(b) INTEREST IN PROPERTY.—Notwith- capacity, or of a grant to a nonprofit organi- special need arising from— ‘‘(A) actual or threatened severe unem- standing any other provision of law, the Sec- zation which the Secretary determines has retary may provide to an eligible recipient exhausted its effective borrowing capacity, ployment arising from economic dislocation, including unemployment arising from ac- any assistance available under this Act for a the Secretary may reduce the non-Federal project to be carried out on a military or De- share below the percentage specified in sub- tions of the Federal Government or from compliance with environmental require- partment of Energy installation that is section (b)(1) or may waive the non-Federal closed or scheduled for closure or realign- share for (i) a project in an area described in ments which remove economic activities from a locality; or ment without requiring that the eligible re- section 302(a)(4), or (ii) a project the nature cipient have title to the property or a lease- of which the Secretary determines warrants ‘‘(B) economic adjustment problems result- ing from severe changes in economic condi- hold interest in the property for any speci- the reduction or waiver of the non-Federal fied term. share. tions (including long-term economic deterio- ‘‘SEC. 214. PREVENTION OF UNFAIR COMPETI- ‘‘SEC. 206. REGULATIONS TO ASSURE RELATIVE ration); and ‘‘(2) the area for which a project is to be TION. NEEDS ARE MET. ‘‘No financial assistance under this Act ‘‘The Secretary shall prescribe rules, regu- undertaken has a satisfactory comprehensive shall be extended to any project when the re- lations, and procedures to carry out this economic development strategy as provided sult would be to increase the production of title which will assure that adequate consid- by section 303 and such project is consistent goods, materials, or commodities, or the eration is given to the relative needs of eligi- with such strategy. This subsection (b)(2) availability of services or facilities, when ble areas. In prescribing such rules, regula- shall not apply to planning projects. there is not sufficient demand for such tions, and procedures for assistance under ‘‘(c) Assistance under this section shall ex- goods, materials, commodities, services, or section 201 the Secretary shall consider tend to activities identified by communities among other relevant factors— impacted by military base closures, defense facilities, to employ the efficient capacity of ‘‘(1) the severity of the rates of unemploy- contractor cutbacks, and Department of En- existing competitive commercial or indus- ment in the eligible areas and the duration ergy reductions, to help the communities di- trial enterprises. of such unemployment; versify their economies. Nothing in this sec- ‘‘SEC. 215. REPORTS BY RECIPIENT. ‘‘(2) the income levels of families and the tion is intended to replace the efforts of the ‘‘Reports to the Secretary shall be required extent of underemployment in eligible areas; economic adjustment program of the Depart- of recipients of assistance under this Act. and ment of Defense. Such reports shall be at such intervals and ‘‘(3) the out-migration of population for el- ‘‘(d) Assistance under this section shall ex- in such manner as the Secretary shall pre- igible areas. tend to post-disaster activities in areas af- scribe by regulation, not to exceed ten years fected by natural and other disasters. ‘‘SEC. 207. TRAINING, RESEARCH, & TECHNICAL from the time of closeout of the assistance ASSISTANCE. ‘‘SEC. 210. DIRECT EXPENDITURE OR REDIS- award, and shall contain an evaluation of the ‘‘(a) Upon the application of any eligible TRIBUTION BY RECIPIENT. effectiveness of the economic assistance pro- recipient the Secretary may make direct ‘‘Amounts from grants under section 209 of vided under this Act in meeting the need it grants for training, research, and technical this title may be used in direct expenditures was designed to alleviate and the purposes of assistance, including grants for program by the eligible recipient or through redis- this Act. tribution by the eligible recipient to public evaluation and economic impact analyses, ‘‘TITLE III—DEFINITIONS, ELIGIBILITY and private entities in grants, loans, loan which would be useful in alleviating or pre- AND COMPREHENSIVE ECONOMIC DE- guarantees, payments to reduce interest on venting conditions of excessive unemploy- VELOPMENT STRATEGIES ment or underemployment. Such assistance loan guarantees, or other appropriate assist- may include project planning and feasibility ance, but no grant shall be made by an eligi- ‘‘SEC. 301. DEFINITIONS. studies, demonstrations of innovative activi- ble recipient to a private profit-making enti- ‘‘In this Act, unless the context otherwise ties or strategic economic development in- ty. requires, the following definitions apply: vestments, management and operational as- ‘‘SEC. 211. CHANGED PROJECT CIRCUMSTANCES. ‘‘(a) ECONOMIC DEVELOPMENT DISTRICT.— sistance, establishment of university cen- ‘‘In any case where a grant (including a The term ‘economic development district’ ters, establishment of business outreach cen- supplemental grant) has been made by the refers to any area within the United States ters, and studies evaluating the needs of, and Secretary under this title (or made under composed of cooperating areas described in development potentialities for, economic this Act, as in effect on the day before the ef- section 302(a) and, where appropriate, des- growth of areas which the Secretary finds fective date of the Economic Development ignated economic development centers and have substantial need for such assistance. Partnership Act of 1998) for a project, and neighboring counties or communities, which The Secretary may waive the non-Federal after such grant has been made but before has been designated by the Secretary as an share in the case of a project under this sec- completion of the project, the purpose or economic development district. Such term tion, without regard to the provisions of sec- scope of such project which were the basis of includes any economic development district tion 204 or 205. the grant has changed, the Secretary may designated by the Secretary under section ‘‘(b) In carrying out the Secretary’s duties approve the use of grant funds on such 403 of this Act, as in effect on the day before under this Act, the Secretary may provide changed project if the Secretary determines the effective date of the Economic Develop- research and technical assistance through that such changed project meets the require- ment Partnership Act of 1998. members of the Secretary’s staff; the pay- ments of this title and that such changes are ‘‘(b) ECONOMIC DEVELOPMENT CENTER.—The ment of funds authorized for this section to necessary to enhance economic development term ‘economic development center’ refers departments or agencies of the Federal Gov- in the area. to any area within the United States which ernment; the employment of private individ- ‘‘SEC. 212. USE OF FUNDS IN PROJECTS CON- has been identified as an economic develop- uals, partnerships, firms, corporations, or STRUCTED UNDER PROJECTED ment center in an approved comprehensive suitable institutions under contracts entered COST. economic development strategy and which into for such purposes; or the award of ‘‘In any case where a grant (including a has been designated by the Secretary as eli- grants under this title. supplemental grant) has been made by the gible for financial assistance under this Act

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S757 in accordance with the provisions of this sec- ‘‘(8) The area contains a population of ‘‘(D) the proposed district has a district tion. 250,000 or less and is identified in a com- comprehensive economic development strat- ‘‘(c) ELIGIBLE RECIPIENT.—The term ‘eligi- prehensive economic development strategy egy which includes sustainable development, ble recipient’ means an area described in sec- as having growth potential and the ability to adequate land use and transportation plan- tion 302(a), an economic development dis- alleviate distress within an economic devel- ning and contains a specific program for dis- trict designated under section 401, an Indian opment district. trict cooperation, self-help, and public in- tribe, a State, a city or other political sub- ‘‘(9) The area is experiencing severe out- vestment and is approved by the State or division of a State or a consortium of such migration. States affected and by the Secretary; political subdivisions, an institution of high- ‘‘(b) DOCUMENTATION.—A certification ‘‘(2) designate as ‘economic development er education or a consortium of such institu- made under subsection (a) shall be supported centers’, in accordance with such regulations tions, or a public or private nonprofit organi- by Federal data, when available or, in the as the Secretary shall prescribe, such areas zation or association acting in cooperation absence of recent Federal data, by data as the Secretary may deem appropriate, if— with officials of such political subdivisions. available through the State government. ‘‘(A) the proposed center has been identi- For grants made under section 207, ‘eligible Such documentation shall be accepted by the fied and included in an approved district recipient’ also includes private individuals Secretary unless the Secretary determines comprehensive economic development strat- and for-profit organizations. the documentation to be inaccurate. The egy and recommended by the State or States ‘‘(d) GRANT.—The term ‘grant’ includes co- most recent statistics available shall be affected for such special designation; operative agreement, as that term is used in used. ‘‘(B) the proposed center is geographically the Federal Grant and Cooperative Agree- ‘‘(c) SPECIAL RULE.—An area which the and economically so related to the district ment Act of 1977. Secretary determines is eligible for assist- that its economic growth may reasonably be ‘‘(e) INDIAN TRIBE.—The term ‘Indian tribe’ ance because it meets 1 or more of the cri- expected to contribute significantly to the means an Indian or Alaska Native tribe, teria of subsection (a)(4)— alleviation of distress in the areas described band, nation, pueblo, village, or community ‘‘(1) shall not be subject to the require- in section 302(a) of the district; and that the Secretary of the Interior acknowl- ments of sections 201(b) or 303; and ‘‘(C) the proposed center does not have a edges to exist as an Indian tribe pursuant to ‘‘(2) shall not be eligible to meet the re- population in excess of 250,000 according to 25 U.S.C. section 479a–1. quirement of section 401(a)(1)(B). the most recent Federal census; and ‘‘(f) STATE.—The terms ‘State’, ‘States’, ‘‘(d) PRIOR DESIGNATIONS.—Any designa- ‘‘(3) provide financial assistance in accord- and ‘United States’ include the several tion of a redevelopment area made before the ance with the criteria of this Act, except as States, the District of Columbia, the Com- effective date of the Economic Development may be herein otherwise provided, for monwealth of Puerto Rico, the Virgin Is- Partnership Act of 1998 shall not be effective projects in economic development centers lands, Guam, American Samoa, the Republic after such effective date. designated under subsection (a)(2), if— of the Marshall Islands, the Federated States ‘‘SEC. 303. COMPREHENSIVE ECONOMIC DEVEL- ‘‘(A) the project will further the objectives of Micronesia, the Republic of Palau, and the OPMENT STRATEGY. of the comprehensive economic development Commonwealth of the Northern Mariana Is- ‘‘(a) IN GENERAL.—The Secretary may pro- strategy of the district in which it is to be lands. vide assistance under section 201 or 209 (ex- located; ‘‘SEC. 302. AREA ELIGIBILITY. cept for section 209 planning) to an applicant ‘‘(B) the project will enhance the economic ‘‘(a) CERTIFICATION.—In order to be eligible for a project only if the applicant submits to growth potential of the district or result in for assistance for activities described under the Secretary, as part of an application for additional long-term employment opportuni- section 201 or 209, an applicant shall certify, such assistance, evidence satisfactory to the ties commensurate with the amount of Fed- as part of an application for such assistance, Secretary of a comprehensive economic de- eral financial assistance requested; and that the project is located in an area which velopment strategy which— ‘‘(C) the amount of Federal financial as- on the date of submission of such application ‘‘(1) identifies the economic development sistance requested is reasonably related to meets one or more of the following criteria: problems to be addressed using such assist- the size, population, and economic needs of ‘‘(1) The area has a per capita income of 80 ance; the district. ‘‘(2) identifies past, present, and projected percent or less of the national average. ‘‘(b) AUTHORITIES.—The Secretary may, ‘‘(2) The area has an unemployment rate future economic development investments in under regulations prescribed by the Sec- one percent above the national average per- the area receiving such assistance and public retary— centage for the most recent 24-month period and private participants and sources of fund- ‘‘(1) invite the several States to draw up for which statistics are available. ing for such investments; and proposed economic development district ‘‘(3) The area has experienced or is about ‘‘(3) sets forth a strategy for addressing the boundaries and to identify potential eco- to experience a sudden economic dislocation economic problems identified pursuant to nomic development centers; resulting in job loss that is significant both paragraph (a) and describes how the strategy ‘‘(2) cooperate with the several States— in terms of the number of jobs eliminated will solve such problems. ‘‘(A) in sponsoring and assisting district and the effect upon the employment rate of ‘‘(b) OTHER PLAN.—The Secretary may ac- economic planning and development groups; the area. cept as a comprehensive economic develop- and ‘‘(4) The area is one in which the Secretary ment strategy a satisfactory plan prepared ‘‘(B) in assisting such district groups to determines that any activities authorized to under another Federally supported program. formulate district comprehensive economic be undertaken under section 201 or 209 will ‘‘TITLE IV—ECONOMIC DEVELOPMENT development strategies; and provide immediate useful work to unem- DISTRICTS ‘‘(3) encourage participation by appro- ployed and underemployed persons in that ‘‘SEC. 401. DESIGNATION OF ECONOMIC DEVEL- priate local governmental authorities in area, and the area is a community or neigh- OPMENT DISTRICTS AND ECONOMIC such economic development districts. borhood (defined without regard to political DEVELOPMENT CENTERS. ‘‘SEC. 402. TERMINATION OR MODIFICATION. or other subdivisions or boundaries) which ‘‘(a) IN GENERAL.—In order that economic the Secretary determines has one or more of development projects of broader geographic ‘‘The Secretary shall by regulation pre- the following conditions: significance may be planned and carried out, scribe standards for the termination or ‘‘(A) A large concentration of low-income the Secretary may— modification of economic development dis- persons; ‘‘(1) designate appropriate ‘economic devel- tricts and economic development centers ‘‘(B) Areas having substantial out-migra- opment districts’ within the United States designated under the authority of section tion; or with the concurrence of the States in which 401. ‘‘(C) Substantial unemployment. such districts will be wholly or partially lo- ‘‘(5) The area has demonstrated long-term cated, if— ‘‘SEC. 403. BONUS. economic deterioration. ‘‘(A) the proposed district is of sufficient ‘‘Subject to the 20 per centum non-Federal ‘‘(6) The area has an unemployment rate, size or population, and contains sufficient re- share required for any project by subsection for the most recent 12 month period for sources, to foster economic development on 205(b)(1) of this Act, the Secretary is author- which statistics are available, above a rate a scale involving more than a single area de- ized to increase the amount of grant assist- established by regulation as an indicator of scribed in section 302(a); ance authorized by sections 204 and 205 for substantial unemployment during conditions ‘‘(B) the proposed district contains at least projects within designated economic devel- of significantly high national unemploy- 1 area described in section 302(a); opment districts by an amount not to exceed ment. ‘‘(C) the proposed district contains 1 or 10 per centum of the aggregate cost of such ‘‘(7) The area is one which the Secretary more areas described in section 302(a) or eco- project, in accordance with such regulations has determined has experienced, or may rea- nomic development centers identified in an as the Secretary shall prescribe if— sonably be foreseen to be about to experi- approved district comprehensive economic (1) the project applicant is actively partici- ence, a special need to meet an expected rise development strategy as having sufficient pating in the economic development activi- in unemployment, or other economic adjust- size and potential to foster the economic ties of the district; and ment problems (including those caused by growth activities necessary to alleviate the (2) the project is consistent with an ap- any action or decision of the Federal Govern- distress of the areas described in section proved district comprehensive economic de- ment). 302(a) within the district; and velopment strategy.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S758 CONGRESSIONAL RECORD — SENATE February 12, 1998 ‘‘SEC 404. STRATEGY PROVIDED TO APPA- fied that the project for which Federal as- the procurement of the services of attorneys LACHIAN REGIONAL COMMISSION. sistance is granted will be properly and effi- by contract, determined by the Secretary to ‘‘Each economic development district des- ciently administered, operated, and main- be necessary or desirable in making, pur- ignated by the Secretary under this title tained. chasing, servicing, compromising, modi- shall provide that a copy of the district com- ‘‘SEC. 505. FIRMS DESIRING FEDERAL CON- fying, liquidating, or otherwise administra- prehensive economic development strategy TRACTS. tively dealing with assets held in connection be furnished to the Appalachian Regional ‘‘The Secretary may furnish the procure- with financial assistance extended under this Commission established under the Appa- ment divisions of the various departments, Act; lachian Regional Development Act of 1965, if agencies, and other instrumentalities of the ‘‘(10) employ experts and consultants or or- any part of such district is within the Appa- Federal Government with a list containing ganizations as authorized by section 3109 of lachian region. the names and addresses of business firms title 5, United States Code, compensate indi- ‘‘SEC. 405. PARTS NOT WITHIN AREAS DESCRIBED which are located in areas of high economic viduals so employed, including travel time, IN SECTION 302(a). distress and which are desirous of obtaining and allow them, while away from their ‘‘The Secretary is authorized to provide Government contracts for the furnishing of homes or regular places of business, travel the financial assistance which is available to supplies or services, and designating the sup- expenses (including per diem in lieu of sub- an area described in section 302(a) under this plies and services such firms are engaged in sistence) as authorized by section 5703 of Act to those parts of an economic develop- providing. title 5, United States Code, for persons in the ment district which are not within an area ‘‘SEC. 506. AMENDMENT TO TITLE 5, U.S.C. Government service employed intermit- described in section 302(a), when such assist- ‘‘Section 5316 of title 5, United States tently, while so employed, except that con- ance will be of a substantial direct benefit to Code, is amended by striking ‘Administrator tracts for such employment may be renewed an area described in section 302(a) within for Economic Development.’ annually; such district. Such financial assistance shall ‘‘TITLE VI—MISCELLANEOUS ‘‘(11) establish performance measures for be provided in the same manner and to the grants and other assistance provided under ‘‘SEC. 601. POWERS OF SECRETARY. same extent as is provided in this Act for an this Act, and use such performance measures ‘‘(a) IN GENERAL.—In performing the Sec- to evaluate the economic impact of eco- area described in section 302(a). retary’s duties under this Act, the Secretary ‘‘TITLE V—ADMINISTRATION nomic development assistance programs; the is authorized to— establishment and use of such performance ‘‘SEC. 501. ASSISTANT SECRETARY FOR ECO- ‘‘(1) adopt, alter, and use a seal, which measures to be provided by the Secretary NOMIC DEVELOPMENT. shall be judicially noticed; through members of his staff, through the ‘‘The Secretary will administer this Act ‘‘(2) subject to the civil-service and classi- employment of appropriate parties under with the assistance of an Assistant Sec- fication laws, select, employ, appoint, and contracts entered into for such purposes, or retary of Commerce for Economic Develop- fix the compensation of such personnel as through grants to such parties for such pur- ment to be appointed by the President by may be necessary to carry out the provisions poses, using any funds made available by ap- and with the advice and consent of the Sen- of this Act; propriations to carry out this Act; ate. The Assistant Secretary of Commerce ‘‘(3) hold such hearings, sit and act at such ‘‘(12) sue and be sued in any court of record for Economic Development will perform such times and places, and take such testimony, of a State having general jurisdiction or in functions as the Secretary may prescribe and as the Secretary may deem advisable; any United States district court, and juris- will serve as the administrator of the Eco- ‘‘(4) request directly from any executive diction is conferred upon such district court nomic Development Administration within department, bureau, agency, board, commis- to determine such controversies without re- the Department of Commerce. sion, office, independent establishment, or gard to the amount in controversy; but no ‘‘SEC. 502. ECONOMIC DEVELOPMENT INFORMA- instrumentality information, suggestions, attachment, injunction, garnishment, or TION CLEARINGHOUSE. estimates, and statistics needed to carry out other similar process, mesne or final, shall ‘‘It shall be a duty of the Secretary in ad- the purposes of this Act; and each depart- be issued against the Secretary or the Sec- ministering this Act— ment, bureau, agency, board, commission, of- retary’s property; and ‘‘(a) to serve as a central information fice, establishment, or instrumentality is au- ‘‘(13) establish such rules, regulations, and clearinghouse on matters relating to eco- thorized to furnish such information, sugges- procedures as the Secretary considers appro- nomic development, economic, adjustment, tions, estimates, and statistics directly to priate in carrying out the provisions of this disaster recovery, and defense conversion the Secretary; Act. programs and activities of the Federal and ‘‘(5) consistent with the Debt Collection ‘‘(b) DEFICIENCY JUDGMENTS.—The author- State governments, including political sub- Improvement Act of 1996, under regulations ity under subsection (a)(7) to pursue claims divisions of the States; prescribed by the Secretary, assign or sell at shall include the authority to obtain defi- ‘‘(b) to help potential and actual applicants public or private sale, or otherwise dispose of ciency judgments or otherwise in the case of for economic development, economic adjust- for cash or credit, in the Secretary’s discre- mortgages assigned to the Secretary. ment, disaster recovery, and defense conver- tion and upon such terms and conditions and ‘‘(c) INAPPLICABILITY OF CERTAIN OTHER RE- sion assistance under Federal, State, and for such consideration as the Secretary de- QUIREMENTS.—Section 3709 of the Revised local laws in locating and applying for such termines to be reasonable, any evidence of Statutes of the United States shall not apply assistance, including financial and technical debt, contract, claim, personal property, or to any contract of hazard insurance or to assistance; and security assigned to or held by the Secretary any purchase or contract for services or sup- ‘‘(c) to aid areas described in section 302(a) in connection with assistance extended plies on account of property obtained by the and other areas by furnishing to interested under the Act, and collect or compromise all Secretary as a result of assistance extended individuals, communities, industries, and en- obligations assigned to or held by the Sec- under this Act if the premium for the insur- terprises within such areas any technical in- retary in connection with such assistance ance or the amount of the insurance does not formation, market research, or other forms until such time as such obligations may be exceed $1,000. of assistance, information, or advice which referred to the Attorney General for suit or ‘‘(d) PROPERTY INTERESTS.—The powers of would be useful in alleviating or preventing collection; the Secretary, pursuant to this section, in conditions of excessive unemployment or ‘‘(6) deal with, complete, renovate, im- relation to property acquired by the Sec- underemployment within such areas. prove, modernize, insure, rent, or sell for retary in connection with assistance ex- tended under this Act, shall extend to prop- ‘‘SEC. 503. CONSULTATION WITH OTHER PERSONS cash or credit, upon such terms and condi- erty interests of the Secretary in relation to AND AGENCIES. tions and for such consideration as the Sec- projects approved under the Public Works ‘‘(a) CONSULTATION ON PROBLEMS RELATING retary determines to be reasonable, any real and Economic Development Act of 1965, title TO EMPLOYMENT.—The Secretary is author- or personal property conveyed to or other- I of the Public Works Employment Act of ized from time to time to call together and wise acquired by the Secretary in connection 1976, title II of the Trade Act of 1974, and the confer with any persons, including represent- with assistance extended under this Act; Community Emergency Drought Relief Act atives of labor, management, agriculture, ‘‘(7) consistent with the Debt Collection of 1977. Property interests in connection and government, who can assist in meeting Improvement Act of 1996, pursue to final col- with grants may be released, in whole or in the problems of area and regional unemploy- lection, by way of compromise or other ad- part, in the Secretary’s discretion, after 20 ment or underemployment. ministrative action, prior to reference to the years from the date of grant disbursement. ‘‘(b) CONSULTATION ON ADMINISTRATION OF Attorney General, all claims against third ‘‘(e) POWERS OF CONVEYANCE AND EXECU- ACT.—The Secretary may make provisions parties assigned to the Secretary in connec- TION.—The power to convey and to execute, for such consultation with interested depart- tion with assistance extended under this Act; in the name of the Secretary, deeds of con- ments and agencies as the Secretary may ‘‘(8) acquire, in any lawful manner, any veyance, deeds of release, assignments and deem appropriate in the performance of the property (real, personal, or mixed, tangible satisfactions of mortgages, and any other functions vested in the Secretary by this or intangible), whenever necessary or appro- written instrument relating to real or per- Act. priate in connection with assistance ex- sonal property or any interest therein ac- ‘‘SEC. 504. ADMINISTRATION, OPERATION, AND tended under this Act; quired by the Secretary pursuant to the pro- MAINTENANCE. ‘‘(9) in addition to any powers, functions, visions of this Act may be exercised by the ‘‘No Federal assistance shall be approved privileges, and immunities otherwise vested Secretary, or by any officer or agent ap- under this Act unless the Secretary is satis- in the Secretary, take any action, including pointed by the Secretary for such purpose,

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S759 without the execution of any express delega- ‘‘(3) with intent to defraud, participates or pose of audit and examination to any books, tion of power or power of attorney. shares in or receives directly or indirectly documents, papers, and records of the recipi- ‘‘SEC. 602. MAINTENANCE OF STANDARDS. any money, profit, property, or benefit ent that are pertinent to assistance received ‘‘The Secretary shall continue to imple- through any transaction, loan, grant, com- under this Act. ment and enforce the provisions of section mission, contract, or any other act of the ‘‘SEC. 609. PROHIBITION AGAINST A STATUTORY 712 of this Act, as in effect on the day before Secretary; or CONSTRUCTION WHICH MIGHT the effective date of the Economic Develop- ‘‘(4) gives any unauthorized information CAUSE DIMINUTION IN OTHER FED- ment Partnership Act of 1998. concerning any future action or plan of the ERAL ASSISTANCE. ‘‘All financial and technical assistance au- ‘‘SEC. 603. ANNUAL REPORT TO CONGRESS. Secretary which might affect the value of se- thorized under this Act shall be in addition ‘‘The Secretary shall transmit a com- curities, or having such knowledge invests or to any Federal assistance previously author- prehensive and detailed annual report to speculates, directly or indirectly, in the se- ized, and no provision of this Act shall be Congress of the Secretary’s activities under curities or property of any company or cor- construed as authorizing or permitting any this Act for each fiscal year beginning with poration receiving loans, grants, or other as- reduction or diminution in the proportional the fiscal year ending September 30, 1999. sistance from the Secretary, shall be fined amount of Federal assistance which any Such report shall be printed and shall be under title 18, United States Code, impris- State or other entity eligible under this Act transmitted to Congress not later than July oned for not more than 5 years, or both. would otherwise be entitled to receive under 1 of the year following the fiscal year with ‘‘SEC. 606. EMPLOYMENT OF EXPEDITERS AND the provisions of any other Act. respect to which such report is made. ADMINISTRATIVE EMPLOYEES. ‘‘SEC. 610. ACCEPTANCE OF APPLICANTS’ CER- ‘‘SEC. 604. USE OF OTHER FACILITIES. ‘‘No financial assistance shall be extended by the Secretary under this Act to any busi- TIFICATIONS. ‘‘(a) DELEGATION OF FUNCTIONS TO OTHER ‘‘The Secretary may accept, when deemed FEDERAL DEPARTMENTS AND AGENCIES.—The ness enterprise unless the owners, partners, or officers of such business enterprise— appropriate, the applicants’ certifications to Secretary may delegate to the heads of other meet the requirements of this Act. departments and agencies of the Federal ‘‘(1) certify to the Secretary the names of Government any of the Secretary’s func- any attorneys, agents, and other persons en- ‘‘TITLE VII—FUNDING tions, powers, and duties under this Act as gaged by or on behalf of such business enter- ‘‘SEC. 701. AUTHORIZATION OF APPROPRIATIONS. the Secretary may deem appropriate, and au- prise for the purpose of expediting applica- ‘‘There is authorized to be appropriated to thorize the redelegation of such functions, tions made to the Secretary for assistance of carry out this Act $397,969,000 for fiscal year powers, and duties by the heads of such de- any sort, under this Act, and the fees paid or 1999 and such sums as may be necessary for partments and agencies. to be paid to any such person; and each of fiscal years 2000 through 2002, such ‘‘(b) TRANSFER BETWEEN DEPARTMENTS.— ‘‘(2) execute an agreement binding such sums to remain available until expended. Funds authorized to be appropriated under business enterprise, for a period of 2 years ‘‘SEC. 702. DEFENSE CONVERSION ACTIVITIES. this Act may be transferred between depart- after such assistance is rendered by the Sec- ‘‘In addition to the appropriations author- ments and agencies of the Government, if retary to such business enterprise, to refrain ized by section 701, there are authorized to such funds are used for the purposes for from employing, tendering any office or em- be appropriated to carry out this Act such which they are specifically authorized and ployment to, or retaining for professional sums as may be necessary to provide assist- appropriated. services, any person who, on the date such ance for defense conversion activities. Such ‘‘(c) FUNDS TRANSFERRED FROM OTHER DE- assistance or any part thereof was rendered, funding may include pilot projects for pri- PARTMENTS AND AGENCIES.—In order to carry or within the 1-year period ending on such vatization and economic development activi- out the objectives of this Act, the Secretary date, shall have served as an officer, attor- ties for closed or realigned military or De- may accept transfers of funds from other de- ney, agent, or employee, occupying a posi- partment of Energy installations. Such sums partments and agencies of the Federal Gov- tion or engaging in activities which the Sec- shall remain available until expended. ernment if the funds are used for the pur- retary determines involves discretion with ‘‘SEC. 703. DISASTER ECONOMIC RECOVERY AC- poses for which (and in accordance with the respect to the granting of assistance under TIVITIES. terms under which) the funds are specifically this Act. In addition to the appropriations author- authorized and appropriated. Such trans- ‘‘SEC. 607. MAINTENANCE OF RECORDS OF AP- ized by section 701, there are authorized to ferred funds shall remain available until ex- PROVED APPLICATIONS FOR FINAN- be appropriated to carry out this Act such pended, and may be transferred to and CIAL ASSISTANCE; PUBLIC INSPEC- sums as may be necessary to provide assist- merged with the appropriations under the TION. ance for disaster economic recovery activi- heading ‘salaries and expenses’ by the Sec- ‘‘(a) MAINTENANCE OF RECORD REQUIRED.— ties. Such sums shall remain available until retary to the extent necessary to administer The Secretary shall maintain as a perma- expended.’’ nent part of the records of the Department of the program. SEC. 3. SAVINGS PROVISIONS. Commerce a list of applications approved for ‘‘SEC. 605. PENALTIES. (a) EXISTING RIGHTS, DUTIES, AND OBLIGA- financial assistance under this Act, which ‘‘(a) FALSE STATEMENTS; SECURITY OVER- TIONS NOT AFFECTED.—This Act shall not be shall be kept available for public inspection VALUATION.—Whoever makes any statement construed as affecting the validity of any knowing it to be false, or whoever willfully during the regular business hours of the De- right, duty, or obligation of the United overvalues any security, for the purpose of partment of Commerce. States or any other person arising under or OSTING TO LIST.—The following infor- obtaining for such person or for any appli- ‘‘(b) P pursuant to any contract, loan, or other in- mation shall be posted in such list as soon as cant any financial assistance under this Act strument or agreement which was in effect each application is approved: or any extension of such assistance by re- on the day before the effective date of this ‘‘(1) The name of the applicant and, in the newal, deferment or action, or otherwise, or Act. case of corporate applications, the names of the acceptance, release, or substitution of se- (b) CONTINUATION OF SUITS.—No action or curity for such assistance, or for the purpose the officers and directors thereof. other proceeding commenced by or against of influencing in any way the action of the ‘‘(2) The amount and duration of the finan- any officer or employee of the Economic De- Secretary or for the purpose of obtaining cial assistance for which application is velopment Administration shall abate by money, property, or anything of value, under made. reason of the enactment of this Act. this Act, shall be fined under title 18, United ‘‘(3) The purposes for which the proceeds of (c) LIQUIDATING ACCOUNT.—The Economic States Code, imprisoned for not more than 5 the financial assistance are to be used. Development Revolving Fund hitherto estab- years, or both. ‘‘SEC. 608. RECORDS AND AUDIT. lished under section 203 of the Public Works ‘‘(b) EMBEZZLEMENT AND FRAUD-RELATED ‘‘(a) RECORDKEEPING AND DISCLOSURE RE- and Economic Development Act of 1965 shall CRIMES.—Whoever, being connected in any QUIREMENTS.—Each recipient of assistance continue to be available to the Secretary as capacity with the Secretary in the adminis- under this Act shall keep such records as the a liquidating account as defined under sec- tration of this Act— Secretary shall prescribe, including records tion 502 of the Federal Credit Reform Act of ‘‘(1) embezzles, abstracts, purloins, or will- which fully disclose the amount and the dis- 1990 for payment of obligations and expenses fully misapplies any moneys, funds, securi- position by such recipient of the proceeds of in connection with financial assistance ex- ties, or other things of value, whether be- such assistance, the total cost of the project tended under this Act, said Act of 1965, the longing to such person or pledged or other- or undertaking in connection with which Area Redevelopment Act, and the Trade Act wise entrusted to such person; such assistance is given or used, and the of 1974. ‘‘(2) with intent to defraud the Secretary amount and nature of that portion of the (d) ADMINISTRATION.—The Secretary shall or any other body politic or corporate, or cost of the project or undertaking supplied take such actions as authorized before the any individual, or to deceive any officer, by other sources, and such other records as effective date of this Act as necessary or ap- auditor, or examiner, makes any false entry will facilitate an effective audit. propriate to administer and liquidate exist- in any book, report, or statement of or to the ‘‘(b) ACCESS TO BOOKS FOR EXAMINATION ing grants, contracts, agreements, loans, ob- Secretary or without being duly authorized AND AUDIT.—The Secretary, the Inspector ligations, debentures, or guarantees here- draws any orders or issues, puts forth, or as- General of the Department of Commerce, and tofore made by the Secretary or the Sec- signs any note, debenture, bond, or other ob- the Comptroller General of the United retary’s delegatee pursuant to provisions in ligation, or draft, bill of exchange, mortgage, States, or any of their duly authorized rep- effect immediately prior to the effective date judgment, or decree thereof; resentatives, shall have access for the pur- of this Act.

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SECTION-BY-SECTION ANALYSIS clude severity of unemployment and under- for-profit organizations for grants under sec- Section 1. Short title; effective date employment, income levels, and outmigra- tion 207. The terms economic development Act may be cited as the ‘‘Economic Devel- tion of population. district, economic development center, opment Partnership Act of 1997’’, with an ef- Sec. 207. Training, research and technical as- grant, Indian tribe, Secretary and State are fective date not later than three months sistance also defined. after enactment. Provides authority to make direct grants Sec. 302. Area eligibility Section 2. Reauthorization of Public Works and for training, research and technical assist- Allows for self-certification by applicants Economic Development Act of 1965 ance, including program evaluation and eco- seeking assistance under section 201 or 209, that they meet one or more of the nine dis- Reenacts the Public Works and Economic nomic impact analyses, as well as authority tress criteria established; such certification Development Act of 1965 (PWEDA), replacing to conduct research and technical assistance to be supported by Federal data, when avail- everything after section 1 of that act with through staff, through other Federal depart- able or, in the absence of recent Federal Findings and the following seven titles: ments or agencies, or through contracts or grants. Authority is similar to PWEDA’s. data, by data available through the State Sec. 2. Findings and declaration Sec. 208. Relocation of individuals and busi- government. Such documentation shall be Includes Congressional findings and dec- nesses accepted by the Secretary unless the Sec- laration of the need for Federal assistance to retary determines the documentation to be distressed areas, as in PWEDA. States that grants to eligible recipients inaccurate. The most recent statistics avail- must include relocation assistance to af- TITLE I—ECONOMIC DEVELOPMENT PARTNER- able shall be used. Area eligibility is similar fected persons, as required by the Uniform SHIPS COOPERATION AND COORDINATION to that in PWEDA (however, determined at Relocation Assistance and Real Property Ac- time of application, rather than ‘‘grand- Sec. 101. Establishment of economic development quisition Act of 1970, as amended. partnerships fathered’’), but provides consistency across Sec. 209. Economic adjustment programs, and simplifies process of deter- Directs cooperation with States and other Provides authority, as in PWEDA, to make mining eligibility. entities, including cooperative agreements direct grants for public facilities, public Sec. 303. Comprehensive economic development with adjoining states; technical assistance as services, business development (including a strategy appropriate; and intergovernmental review revolving loan fund), planning, technical as- of project proposals. Requires applicants for assistance under sistance, and training, including activities to section 201 or 209 (except for planning) to Sec. 102. Cooperation of Federal agencies alleviate long-term economic deterioration, prepare a comprehensive economic develop- Directs other Federal department and and sudden and severe economic disloca- ment strategy, acceptable to the Secretary, agency to cooperate with the Secretary in tions. identifying problems to be addressed and the carrying out the objectives of this Act, as in Sec. 210. Direct expenditure or redistribution by strategy for addressing them. This is similar PWEDA. recipient to overall economic development program Sec. 103. Coordination Provides, as in PWEDA, that amounts required for PWEDA public works grants, or Directs the Secretary to coordinate the ac- from grants under section 209 of this title adjustment strategies required for PWEDA tivities under this Act with other Federal may be used in direct expenditures or economic adjustment grants. Provides that programs, States, economic development dis- through redistribution to public and private plan prepared under another Federally sup- tricts, and others, as in PWEDA. entities in grants, loans, loan guarantees, to ported program may be acceptable. Sec. 104. National Advisory Committee reduce loan guarantee interest, or other ap- TITLE IV—ECONOMIC DEVELOPMENT DISTRICTS The Secretary may appoint a broad-based propriate assistance, but no grant shall be Sec. 401. Designation of economic development 25–member National Public Advisory Com- made by a recipient to a private profit-mak- districts and economic development centers mittee on Regional Economic Development ing entity. Establishes criteria for the designation of to make recommendations to the Secretary Sec. 211. Changed project circumstances economic development districts and eco- relative to carrying out the Secretary’s du- Provides authority to approve changes in nomic development centers, with essentially ties under this Act, as in PWEDA. project scope. the same language as in PWEDA. TITLE II—GRANTS FOR PUBLIC WORKS AND Sec. 212. Use of funds in projects constructed Sec. 402. Termination or modification ECONOMIC DEVELOPMENT under projected cost Authorizes the Secretary to issue regula- Sec. 201. Public works grants Provides that funds available because of tions describing standards for terminating or Provides authority to make grants for reg- construction projects completed under cost modifying designated economic development ular infrastructure projects similar to those may be used to further improve the project, districts and economic development centers, under PWEDA, and adds authority to make as determined by the Secretary. as in PWEDA. Sec. 403. Bonus grants for design and engineering projects. Sec. 213. Base closings and realignments Sec. 202. Construction cost increases Provides authority to increase the amount Provides authority for assistance under of grant assistance authorized by sections Provides for increases in grant funding due this title due to the closure or realignment 204 and 205 for projects within designated to construction cost increases, using essen- of a military or Department of Energy in- economic development districts by an tially the same language as in Title I of stallation for projects to be carried out on amount not to exceed 10 per centum of the PWEDA. such installation or in communities ad- aggregate cost of any such project, subject Sec. 203. Planning and administrative expenses versely affected by the closure or realign- to minimum non-Federal share, if certain re- Provides for grant assistance to political ment. quirements are met, as in PWEDA. entities and planning organizations using es- Sec. 214. Prevention of unfair competition Sec. 404. Strategy provided to Appalachian Re- sentially the same language as in Title III of Prohibits use of funds under this Act for gional Commission PWEDA. any project resulting in excess capacity As in PWEDA, requires that each economic Sec. 204. Cost sharing using the same language in section 702 of development district provide a copy of its Establishes a 50 percent direct grant rate PWEDA. comprehensive economic development strat- for projects under this title and require- Sec. 215. Reports by recipient egy to the Appalachian Regional Commis- ments for the non-Federal share, as in Requires reports from recipients of assist- sion, if any part of such proposed district is PWEDA. ance containing an evaluation of the effec- within the Appalachian region. Sec. 205. Supplementary grants tiveness of the economic assistance provided Sec. 405. Parts not within areas described in sec- Provides authority to supplement grants under this Act. tion 302(a) from designated Federal grant-in-aid pro- TITLE III—DEFINITIONS, ELIGIBILITY AND COM- Establishes the authority to provide the fi- grams as well as authority to supplement PREHENSIVE ECONOMIC DEVELOPMENT STRAT- nancial assistance to those parts of an eco- the 50 percent direct grant rate for eligible EGIES nomic development district which are not projects under this Act of 1997. Similarly to Sec. 301. Definitions within an area described in section 302(a), PWEDA, grant rate may be increased to 80 when such assistance will be of a substantial Defines eligible recipient as an area de- percent according to distress criteria, and direct benefit to an area described in section scribed in Section 302(a), an economic devel- 100 percent in extraordinary situations. 302(a) within such district, as in PWEDA. opment district designated under section 401, Sec. 206. Regulations to assure relative needs an Indian tribe, a State, a city or other po- TITLE V—ADMINISTRATION are met litical subdivision (subdivision) of a State or Sec. 501. Assistant Secretary for Economic De- Directs the Secretary to prescribe rules, a consortium of such subdivisions, an insti- velopment regulations, and procedures to carry out this tution of higher education or a consortium Provides that the Secretary will admin- title which will assure that for assistance of such institutions, or a public or private ister the Act with the assistance of an As- under section 201 adequate consideration is nonprofit organization or association acting sistant Secretary of Commerce for Economic given to the relative needs of eligible areas, in cooperation with officials of such subdivi- Development to be appointed by the Presi- as in PWEDA. Relevant factors are to in- sions, and includes private individuals and dent by and with the advice and consent of

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S761 the Senate; such Assistant Secretary of thorize redelegation by such heads; transfer ment Administration in the Depart- Commerce for Economic Development will funds between departments and agencies of ment of Commerce. I would first like serve as the administrator of the Economic the Government, if such funds are used for to thank the ranking member of the Development Administration. the purposes for which they are specifically Senate Committee on Environment and authorized and appropriated; accept trans- Sec. 502. Economic development information Public Works, Senator BAUCUS, for his clearinghouse fers of funds from other departments and agencies of the Federal Government if the ongoing commitment to this vital Establishes a central information clearing- agency, and would also like to thank house on matters relating to economic devel- funds are used for the purposes for which such funds are specifically authorized and the bipartisan group of Senators who opment, economic adjustment, disaster re- have joined us in sponsoring this legis- covery, and defense conversion programs and appropriated. activities of the Federal and State govern- Sec. 605. Penalties lation. ments, including political subdivisions of the Provides legal penalties using essentially Mr. President, I have long been a sup- States. the same language as in section 710 of porter of the EDA because—although it Sec. 503. Consultation with other persons and PWEDA. is a small agency—its programs con- agencies Sec. 606. Employment of expediters and adminis- tribute significantly to economic Authorizes the Secretary to confer with trative employees growth and job expansion. With only a any persons, including representatives of Provides requirements concerning the em- modest annual appropriation and a na- labor, management, agriculture, and govern- ployment of expediters and administrative tional staff of 258 dedicated public serv- ment, who can assist with the problems of employees, as in section 711 of PWEDA. ants, the EDA successfully assists com- area and regional unemployment and under- Sec. 607. Maintenance of records of approved munities across the nation who have employment, and to consult with interested applications for financial assistance; public experienced economic distress. Eco- departments and agencies as deemed appro- inspection nomic distress that is not only gen- priate in the performance of the functions Directs the Secretary, as in PWEDA, to erated by economic downturns, but vested in the Secretary by this Act, as in also by natural disasters—such as PWEDA. maintain as a permanent part of the records of the Department of Commerce a list of ap- storms and earthquakes—and un-nat- Sec. 504. Administration, operation, and mainte- plications approved for financial assistance ural disasters, such as military base nance under this Act and to make such records closings. Requires finding that the project for which available for public inspection during the I am also pleased that, at a time Federal assistance is granted will be prop- regular business hours of the Department of when Congress is exercising much erly and efficiently administered, operated, Commerce. needed fiscal discipline and perform- and maintained, using the same language as Sec. 608. Records and audit in section 604 of PWEDA. ance-based budgeting is being de- Requires that recipients keep records and manded from all agencies, the EDA has Sec. 505. Firms desiring Federal contracts provide access for audits using language maintained its commitment to pro- Provides, as in PWEDA, that the Secretary similar to that in section 714 of PWEDA. viding a good return on the public dol- may furnish the procurement divisions of the Sec. 609. Prohibition against a statutory con- various departments, agencies, and other in- lar. Specifically, recent studies of struction which might cause diminution in strumentalities of the Federal Government EDA’s programs were performed by a other Federal assistance with a list containing the names and ad- consortia of organizations including dresses of business firms which are located in As in PWEDA, provides that financial and Rutgers University, the New Jersey In- areas of high economic distress and which technical assistance authorized under this stitute of Technology, Columbia Uni- are desirous of obtaining Government con- Act be in addition to any Federal assistance versity, Princeton University, the Na- tracts for the furnishing of supplies or serv- previously authorized, and no provision of tional Association of Regional Coun- ices. this Act be construed as authorizing or per- mitting any reduction or diminution in the cils, and the University of Cincinnati. Sec. 506. Amendment to title 5, U.S.C. proportional amount of Federal assistance The results of these studies were im- Amends Section 5316 of title 5, United which an entity would otherwise receive. pressive, and clearly showed the value States Code, by striking ‘‘Administrator for Sec. 610. Acceptance of applicants’ certifications and results of EDA investments in pub- Economic Development’’. Provides authority for the Secretary to ac- lic works and defense conversion ac- TITLE VI—MISCELLANEOUS cept, when deemed appropriate, the appli- tivities. Specifically, for every every $1 Sec. 601. Powers of Secretary cants’ certifications to meet the require- million that EDA invests in public Provides numerous powers to the Sec- ments of this Act. works projects, 327 jobs are created or retary, substantially similar to the author- TITLE VII—FUNDING retained at a cost of $3,058 per job; 15 ity under PWEDA, to carry out the Sec- Sec. 701. Authorization of appropriations construction jobs are created; $10 mil- retary’s duties under this Act, including but lion in private sector dollars are lever- Authorizes $343,028,000 for fiscal year 1998 not limited to those involving a seal, per- aged; and $10.13 million is added to the sonnel, hearings, the taking of appropriate and such sums as may be necessary for each actions concerning personal property, real of fiscal years 1999 through 2002, such sums local tax base. Based on these statis- property, or evidence thereof, third party to remain available until expended. tics, I believe it’s safe to say that EDA claims, the establishment of performance Sec. 702. Defense conversion activities delivers a substantial ‘‘bang for the measures for grants and other assistance In addition to the appropriations author- buck’’! provided under this Act, and the establish- ized by section 701, authorizes to be appro- Even as these statistics speak to the ment of such rules, regulations, and proce- priated to carry out this Act such sums as value of EDA programs nationally, I dures as the Secretary considers appropriate may be necessary to provide assistance for am pleased that the people of Maine in carrying out the provisions of this Act. It defense conversion activities. don’t need to hear what is happening in includes authority for the Secretary to pro- Sec. 703. Disaster economic recovery activities other states to be convinced of the tect Governmental interest in grant prop- value of EDA—they already know what erty and to release that interest 20 years In addition to the appropriations author- after disbursement. ized by section 701, authorizes to be appro- this agency has meant to their towns and communities. Over the past 32 Sec. 602. Maintenance of standards priated to carry out this Act such sums as may be necessary to provide assistance for years, the EDA has invested more than Directs the Secretary to continue to imple- disaster economic recovery activities. $198 million in 606 projects across the ment and enforce the provisions of section 712 of PWEDA. Section 3. Savings provisions state. Through public works, technical assistance, planning, community in- Sec. 603. Annual report to Congress Provides that existing rights, duties and obligations, and pending suits, are not to be vestments, and revolving loan fund Provides for one annual consolidated re- affected by this Act, and that revolving fund programs, the EDA has established port to Congress on the Secretary’s activi- established under section 203 of PWEDA is to ties under this Act, as required under local partnerships in Maine that have continue to be available as a liquidating ac- PWEDA. provided critical infrastructure devel- count. Sec. 604. Use of other facilities opment and other economic incentives Ms. SNOWE. Mr. President, I rise that have stimulated local growth, cre- Substantially as in PWEDA, provides au- today with my distinguished colleague thority for the Secretary to: delegate to the ated jobs, and generated revenue. heads of other departments and agencies of from Montana, Senator MAX BAUCUS, Not only has the EDA invested in the Federal Government any of the Sec- to introduce the ‘‘Economic Develop- many economic development projects retary’s functions, powers, and duties under ment Partnership Act of 1998’’—a bill in Maine, but I can also personally at- this Act as deemed appropriate and to au- to reauthorize the Economic Develop- test to the value and importance of

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S762 CONGRESSIONAL RECORD — SENATE February 12, 1998 these projects because I have seen the Mr. KENNEDY. Mr. President, it is new debate on this issue by providing results that they deliver. For example, an honor to join as a sponsor of the us with a template for action. as a result of EDA assistance in 1996, Economic Development Partnership Eight months later, it is easy for us dormitories at the Maine School of Act of 1998, which will reauthorize and to minimize that accomplishment, but Science and Mathematics—a magnet extend the important work of the Eco- by any fair appraisal the settlement school built at former Loring Air Force nomic Development Administration in was a tremendously important step. Base—were built to house the school’s the Department of Commerce. When the tobacco settlement was an- students. And in 1995, EDA assistance The Economic Development Adminis- nounced, some people thought it might in Freeport, Maine prevented a major tration was established in 1965 to pro- be only a few months before it would be health maintenance organization from vide grants to help hard-pressed com- ratified by Congress. Today, people relocating to another state. That munities in all parts of the country to wonder whether it can be revived by project alone not only saved 99 jobs, deal more effectively with conditions Congress. but also created an additional 127 in of persistent unemployment in eco- I am confident that we can and will the community. nomically distressed areas. reach agreement on a national tobacco Mr. President, I cite these success Over the past thirty years, EDA has policy. But I am just as certain that stories not only to credit the agency helped generate new jobs, retain exist- we’ll never do so if we pursue a par- for a job well done in my state, but to ing jobs, and stimulate industrial and tisan approach. demonstrate to my colleagues the commercial growth in economically Since the settlement, the Committee types of assistance that have likely distressed areas across the country. By on Labor and Human Resources has been provided to their states as well. If making assistance available to areas held four hearings on this subject, and across Capitol Hill dozens of hearings my colleagues would review the cases suffering high unemployment, low-in- have been held by other committees of of economic distress that have oc- come levels, or sudden and severe eco- curred in their own states, I believe jurisdiction. nomic emergencies, EDA provides local Today we take the next important they will find their own success stories governments with the resources to re- that speak to the value of EDA to their step in this process, by introducing leg- vitalize their communities, create jobs, constituents. islation that I hope will serve as the and plan for long-term growth. Therefore, I would urge that my col- basis for a broad, bipartisan approach In fulfilling its mission, EDA is guid- leagues support the bill that Senator to the three basic public health issues ed by the basic principle that dis- BAUCUS and I are introducing today be- of a national tobacco policy: preven- tressed communities must be encour- cause it would reauthorize the bene- tion, safer products, and cessation. aged to plan and implement their own ficial and critically-needed programs If we can achieve a national tobacco that have led to these success stories economic development and revitaliza- policy, it could be the biggest public for an additional five years. Perhaps tion strategies. health breakthrough ever achieved out- I commend Senator BAUCUS and the most importantly, it will keep the side a lab. Clinton Administration for their lead- agency’s successful programs intact, The settlement has been criticized as while incorporating ideas and concepts ership on this important legislation, being too weak by some, too ambitious for improvement that have received in- and I look forward to its enactment. by others. I agree the settlement has flaws. creased attention and support in the By Mr. JEFFORDS (for himself, Congress. For instance, many of my But I think we must never lose sight Ms. COLLINS, and Mr. ENZI): of the ultimate goal—what is the best colleagues would agree that to be truly S. 1648. A bill to amend the Public successful, government programs public health approach that we can Health Service Act and the Food, Drug enact to reduce teen smoking? should proceed in partnership with and Cosmetic Act to provide for reduc- local governments—and this legisla- I am less concerned about exacting tions in youth smoking, for advance- the last measure of revenge for the tion will do just that by preserving the ments in tobacco-related research, and integrity of the agency’s traditional past actions of the tobacco companies the development of safer tobacco prod- than I am about ensuring the future of programs, while expanding and modi- ucts, and for other purposes; to the fying them to encompass the partner- the children who become addicted Committee on Labor and Human Re- every day. We need to keep our prior- ship concept. sources. The bill also contains new language ities straight. that reflects some of the activities that PREVENTING ADDICTION OF SMOKING TEENS ACT It will take a broad, bipartisan con- the agency has become more involved Mr. JEFFORDS. Mr. President, I rise sensus to pass tobacco legislation. in over the past few years, such as de- today to introduce legislation with one Right now, that consensus seems en- fense conversion and disaster assist- principal aim: to put an end to teenage tirely absent and is in danger of slip- ance. From Maine’s perspective, these smoking. I am honored to be joined by ping into partisan grand standing over programs could not be buttressed soon two other distinguished members of who loves kids and hates tobacco. enough following the closing of Loring the Committee on Labor and Human That consensus can only come Air Force base in 1994, and the ice Resources, Senator COLLINS, and Sen- through compromise. There will be storms that ravaged the state just ator ENZI. many opportunities to derail legisla- weeks ago. By now, we are all familiar with the tion of this magnitude if it is only sup- In addition, there are other provi- grim statistics that tell the story of ported by a slim majority. If we expect sions in this legislation that will bring youth smoking in our country—the enactment, we must forge broad agree- meaningful, positive changes to EDA’s thousands of children that experiment ment in the Congress. programs by increasing program flexi- with tobacco, the thousands that be- The legislation we introduce today, bility and heightening accountability. come addicted, and the thousands who called the Preventing Addiction to Ultimately, it is these types of changes will die prematurely as a result. Smoking Among Teens, or PAST Act, that will not only update an Act that For too long, the federal government will enact and improve upon the public has been in need of reauthorization, has been of little assistance in com- health provisions of the tobacco settle- but will also prepare this agency for bating the number one preventable dis- ment. It is not designed to solve every the economic needs and demands of our ease in this country. Apart from the ef- question before us, rather, it addresses nation as we approach a new century. forts of Surgeons General from Luther the public health issues that are before Mr. President, the Economic Devel- Terry to C. Everett Koop, and sporadic the Labor Committee. opment Administration is a key federal efforts by Congress, the federal govern- It is no longer feasible for tobacco to agency that promotes economic growth ment has barely acknowledged there’s escape the same type of regulation we and development, and the legislation a problem. require for foods and medicines. Our we are offering today will ensure that The states, especially my home state bill will give the Food and Drug Ad- these improved programs will be avail- of Vermont, have been leaders in the ministration every bit of authority it able for the next five years. I urge my effort to end teenage smoking. And last needs to regulate tobacco products and colleagues to support this critically summer, the proposed settlement by their components. The tobacco indus- needed legislation. the Attorneys General ignited a whole try will have to turn over all of its

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S763 health documents to the FDA. FDA There being no objection, the bill 1. FDA Authority to Approve Reduced Risk will be able to reduce or eliminate summary was ordered to be printed in Tobacco Products and Require Reductions in harmful ingredients or require safer the RECORD, as follows: Nicotine and Elimination of Tobacco Prod- uct Hazards. technological improvements through THE PREVENTING ADDICTION TO SMOKING 50 million Americans smoke. For those informal rulemaking to achieve overall AMONG TEENS (PAST) ACT—OVERVIEW who can’t quit as soon as they’d like, we public health benefits. PROBLEM must both provide them with less harmful Of course, we will not achieve the Smoking is the single most preventable alternatives to today’s tobacco products and public health benefits we seek from cause of death in the United States. take steps immediately to reduce the danger mandating safer products if the result- Smoking-related diseases kill 400,000 in existing tobacco products. The PAST Act ing products are unacceptable to con- Americans each year. establishes science and public health-based sumers who can’t quit smoking. Part of 82% of adult smokers began smoking when decision making at FDA to achieve these they were teenager—people generally do not goals. the process for setting these standards start smoking past the teen years, making it The PAST Act includes a program designed will be consideration of just this ques- imperative to prevent smoking among teens. to encourage tobacco companies to develop tion. But the trend is going in the wrong direc- and market reduced risk tobacco products. We encourage the development of tion: more kids are smoking; 6,000 kids a day FDA authority over reduced risk tobacco safer products subject to the same type try a cigarette, and 3,000 of those will be- products requires that FDA approve specific of scientific review for other FDA regu- come addicted; every day, 1,000 kids who ‘‘reduced risk’’ claims manufacturers make. lated products. And FDA can propose, start smoking will eventually die pre- In addition, manufacturers must notify FDA after ten years, the outright prohibi- maturely due to smoking. of any reduced risk technology they develop THE PAST ACT or acquire. tion of cigarettes or smokeless tobacco FDA is to require tobacco companies to products. Across the board, the provisions of the conduct the same type of high quality sci- But our bill will not permit FDA to PAST Act are tougher than those approved entific studies expected of drug and device ban cigarettes or smokeless tobacco for by the Attorneys General and plaintiffs’ at- companies to demonstrate that a new to- torneys in the June 20, 1997 proposed tobacco adult usage on its own. That decision, bacco product carries a ‘‘reduced risk.’’ FDA settlement. The PAST Act: will take into account the effect of the prod- in my opinion, is one that should be Is a comprehensive public health approach uct on overall public health concerns includ- made by Congress, not a single govern- to reduce youth smoking, help people who ing whether fewer people will quit smoking want to quit, bring safer products to the ment agency. as a result of its availability. FDA will re- market, and provide for the research we need Our bill adopts a comprehensive ap- quire both short-term and long-term studies to improve our understanding of addiction proach to preventing teens from smok- to ensure that the products have a positive and how to prevent it. ing, and helping people to quit who are public health effect. FDA can revoke the ap- Requires that tobacco settlement funds be proval to market the product if the studies already hooked. And finally, our bill used for tobacco-related initiatives. will provide for a coordinated regime Provides for: Straightforward and effective do not support the health claims or if the to research the many unanswered ques- authority for FDA to regulate tobacco prod- studies are not completed in a timely man- tions about tobacco, its effects on us, ucts; tough and enforceable restrictions on ner. In addition, if FDA determines that a par- youth access to tobacco products; evidence- and how to mitigate those effects. ticular reduced risk technology is less haz- based prevention and cessation programs; re- I ask unanimous consent that a sum- ardous it may: require disclosure of the safer search that will help us understand why cer- mary of our bill be included at the end technology; prohibit the use of technology tain people become addicted to tobacco prod- of my remarks. that is superseded by the new technology, or; ucts and provide science-based methods to Next week, Senator GREGG and I will require that manufacturers stop selling to- prevent addiction. hold a hearing in New Hampshire to bacco products that do not incorporate such SUMMARY OF THE ACT listen to state and local concerns on technology. tobacco issues within the jurisdiction 1. Regulation of Tobacco Products and Tobacco In addition to reviewing reduced risk prod- Product Development ucts, FDA has authority to mandate the of the Senate Committee on Labor and elimination of hazardous components of to- Human Resources. And in a month, I Purpose: To provide strong and effective Food and Drug Administration (FDA) regu- bacco products and reduce nicotine levels to hope to have found bipartisan support latory authority over cigarettes, smokeless achieve overall public health benefits. Before for my bill and to have moved it tobacco products, and safer tobacco prod- requiring changes to tobacco products, FDA through the committee. ucts. will employ a notice and comment rule- Finally, I want to note that many of Summary: No longer will the tobacco com- making proces—the same as that used for my colleagues are also working on leg- panies be exempt from the type of regulation drugs and devices. FDA is not! required to which ensures that our foods and medicines prove that a black market will not result. islation to help move the discussion 2. FDA Authority to Regulate Product La- forward, and there are many good ideas are safe and properly labeled. The PAST Act gives FDA regulatory au- bels, Warnings, Advertising, and Marketing. that deserve consideration. In par- thority to: The PAST Act will enact: new warning la- ticular, I look forward to working with Oversee the manufacturing processes of to- bels, and the flexibility for the Secretary to Senator ENZI on his proposal to estab- bacco products; change the labels; restrictions on labeling lish a fund supported by tobacco indus- require elimination of tobacco product ad- and advertising of tobacco products; restric- try resources. This fund would be a sus- ditives and reductions in nicotine; tions on advertising in non-adult media and tainable way to provide compensation quickly and easily promulgate perform- glamorization of tobacco; bans on non-to- bacco items and event sponsorship. for treating tobacco-related diseases, ance standards to ensure that new and safer technology reaches consumers with truthful The PAST Act does not prevent states and and could also be used to pay for some information on health issues related to prod- localities from enacting tougher laws on of the prevention proposals I have out- ucts; youth access and point-of-sale cigarette ad- lined in my bill regulate the content of product labels and vertising and marketing. Even though we have much work to advertising; II. National Efforts to Reduce Youth Smoking do before we decide the overall archi- require tobacco companies to divulge all Purpose: To provide all the essential ingre- tecture of tobacco policy, it is not at health-related research on tobacco products dients for comprehensive and effective pro- all too soon to begin pouring the foun- and ingredients; grams to reduce youth smoking. dation. As in New England, we have a set national rules for product regulation Summary: The PAST Act sets high but while preserving important state and local achievable goals to reduce youth smoking. short building season. If we are to clear authorities to require tougher requirements To ensure that the tobacco manufacturers the committees, combine our ap- for youth access rules and point-of-sale ad- partner with communities to achieve these proaches, clear the floor and con- vertising; goals, the PAST Act exacts tough penalties ference, we must act now. I urge my periodically assess and improve the effec- on the industry if goals are not met. Fur- colleagues to give me their support, tiveness of tobacco product warning labels. ther, unlike the June 20 proposed tobacco and greatly appreciate those who have The PAST Act bans billboard advertising settlement, and some other bills that have already done so. of tobacco products, cartoon figure and been introduced, the PAST Act does not per- We need to make teen smoking a human figures (like Joe Camel and the Marl- mit the penalties to be capped, and it en- boro Man) and restricts in-store marketing. sures that the penalties are calculated accu- thing of the past. The PAST Act does not preempt the abil- rately. Mr. President, I ask unanimous con- ity of state or localities to pass stricter laws The PAST Act entrusts the states with the sent that bill summary be printed in on sale to minors or point-of-sale adver- necessary resources from the Tobacco Set- the RECORD. tising. tlement Trust Fund for local anti-tobacco

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S764 CONGRESSIONAL RECORD — SENATE February 12, 1998 programs that will effectively: restrict the change for purchase; no out-of-package sale most effective thing we can do to im- sale of tobacco products to minors; prevent of tobacco products; no special marketing prove our Nation’s health and control youth smoking; assure that people who want rules for adult only stores; minors may not health care costs is to stop smoking. to quit smoking can get proven cessation purchase or consume tobacco products. While recent headlines detailing the treatment. States may enforce this provision through settlement of multimillion dollar law- The PAST Act gives the Office on Smoking civil penalties, including a written warning, and Health of Centers for Disease Control a possible fine of up to $150 for repeated of- suits against the tobacco industry the resources to provide oversight and tech- fenses, or other civil penalties determined might delude us into thinking that we nical help to state and local authorities, appropriate by the state. are winning the war against tobacco, thus guaranteeing that the latest and most 3. State and Community Action Programs. the facts tell a far different story. De- effective strategies to prevent and stop Purpose: To promote the development of spite extensive public health cam- smoking can be employed. state and community action programs de- paigns linking smoking to heart dis- The PAST Act provides funds for research signed to educate the public on addiction and ease and cancer, smoking rates are ac- to help us understand addiction to tobacco the hazards of tobacco use, and to promote products, and to ensure that the results of prevention and cessation of the use of to- tually going up, particularly among this research are swiftly incorporated into bacco products. our young people. Tragically, addiction community-based programs. Funds will be available to each state from is increasingly a ‘‘teen-onset’’ disease: The PAST Act establishes an innovative the Tobacco Settlement Trust Fund after ap- in fact, Mr. President, 90 percent of all and far-reaching national public health pro- proval of a state plan. Funding increases smokers began smoking before age 21, motion and health education campaign on from $145,000,000 for each of the fiscal years What is particularly alarming is that the dangers of smoking. 1999 and 2000 to $440,000,000 for fiscal year children, especially girls, are smoking 1. Required Reduction in Underage Use of 2008. at younger and younger ages. Smoking Tobacco Products. State and local initiatives may include: Purpose: To promote an immediate reduc- evidence-based programs to prevent tobacco is at a 19-year high among high school tion in the number of underage consumers of use and promote cessation; health education seniors and has increased over 35 per- tobacco products by imposing financial sur- and promotion efforts relating to tobacco cent among eighth graders and 43 per- charges dramatically stiffer than the June 20 use; public policy initiatives to prevent to- cent among tenth graders over the last proposed tobacco settlement on partici- bacco use and promote cessation; evidence- 7 years. pating manufacturers if underage tobacco- based programs in schools to prevent and re- Moreover, of the 3,000 teens who use reduction targets are not met. duce tobacco use and addiction. enter the ranks of ‘‘regular smokers’’ If the targets are not met, surcharges will 4. Tobacco Use Cessation Programs. every day, one-third will die tobacco- be imposed on manufacturers, and for each 5 Purpose: to help addicted individuals who percentage points short of the target, the want to quit. related deaths. Mr. President, I am surcharge on manufacturers increases sub- Funding allocated to the states from the very proud of many of the accomplish- stantially. Tobacco Settlement Trust Fund: ments and achievements of my great Cigarettes: for the first 5 percentage points $1,000,000,000 for each of the fiscal years 1999 State of Maine, but there is one area for which the rate of youth smoking falls through 2002; $1,500,000,000 for each of the fis- where we do need to do much, much short of the target: the product of $80,000,000 cal years 2003 through 2008. better. The sad fact is that my State of and the number of applicable percentage Programs to be funded may include: evi- Maine has the dubious distinction of points; for 6 to 10 percentage points short of dence-based programs designed to assist in- the goal: the product of $400,000,000 and the dividuals to stop their use of tobacco prod- having the highest smoking rate number of applicable percentage points; for ucts; training for health care providers in among people age 18 to 34 in the entire 11 or more percentage points short of the cessation intervention methods; efforts to United States. In Maine, almost 40 per- goal: the product of $500,000,000 and the num- encourage health plans and insurers to pro- cent of high school students smoke. ber of applicable percentage points. vide coverage for evidence-based tobacco use They purchase 1.4 million packs of Smokeless Tobacco Products: for the first cessation treatment. cigarettes illegally each year. If this 5 percentage points for which the rate of 5. Research Initiatives to Prevent Tobacco trend continues, more than 31,000 youth smokeless tobacco use falls short of Addiction. young people in Maine currently under the target: the product of $15,000,000 and the Purpose: To promote tobacco-related re- number of applicable percentage points; for 6 search strategies. the age of 18 will die prematurely from to 10 percentage points short of the goal: the The Institute of Medicine will perform an tobacco-related diseases. If we are to product of $30,000,000 and the number of ap- independent study to provide recommenda- put an end to this tragic yet prevent- plicable percentage points; for 11 or more tions for tobacco-related research. Tobacco- able epidemic, we must accelerate our percentage points short of the goal: the prod- related research at CDC, NIH, and AHCPR efforts not only to help more smokers uct of $45,000,000 and the number of applica- will include investigation of: surveillance to quit, but also to discourage young ble percentage points. and epidemiology of tobacco use; prevention people from ever lighting up in the of tobacco use; the science of addiction; ces- Targets for reduction of tobacco product first place. use in individuals under 18: sation strategies. Cigarettes: 30 percent in the fifth and sixth An interagency council will ensure that: The Preventing Addiction to Smok- years; 50 percent in the seventh, eighth and the research strategy is implemented, and ing Among Teens Act, which we are in- ninth years; 60 percent in the tenth and sub- that it is modified to take into account new troducing today, adopts a comprehen- sequent years. findings; new developments are disseminated sive approach to prevent teens from Smokeless tobacco: 25 percent in the fifth to states and communities. smoking and builds upon and improves and sixth years; 35 percent in the seventh, 6. National Public Health Education Cam- the public health components of the to- eighth and ninth years; 45 percent in the paign. bacco settlement announced last sum- tenth and subsequent years. Purpose: To provide for a national public 2. Restrictions on Access to Tobacco Prod- health promotion and health education cam- mer. It is not designed to deal with ucts. paign designed to reduce the use of tobacco every question and every issue raised Purpose: To ensure that strict state laws products. by the settlement. Rather, it focuses are passed and enforced that will prohibit III. Standards to Reduce Involuntary Exposure on what I believe should be the prime the sale and distribution of tobacco products to Tobacco Smoke goal of any tobacco settlement, and to minors, and to provide civil penalties to The PAST Act will require OSHA to pro- that is to reduce teen smoking. minors who purchase or smoke tobacco prod- mulgate within 12 months a final rule relat- Among its provisions, this legislation ucts. ing to indoor air quality in industrial and gives clear and comprehensive author- State laws must include the following pro- nonindustrial indoor and enclosed work envi- visions, and may include stricter provisions: ity to the FDA to regulate tobacco ronments. At least 90% of minors attempts to pur- products and their components. The to- chase must be unsuccessful; requirement of a Ms. COLLINS. Mr. President, I am bacco industry will have to turn over state or local license to sell tobacco prod- pleased to join with my colleagues, all—all—of its documents to the FDA ucts; a prohibition on sale of cigarettes and Senators JEFFORDS and ENZI in intro- related to cigarette research and smokeless tobacco to individuals under 18 ducing the Preventing Addiction to health, and the FDA will be able to re- years of age; the following requirements for Smoking Among Teens Act. quire the companies to reduce or to distribution: Tobacco is the No. 1 preventable eliminate harmful ingredients or to re- The licensee must verify age through a government issued photo identification; no cause of death in the United States, ac- quire safer technological improve- verification is required for any individual counting for more than 400,000 deaths a ments through informal rulemaking. who is at least 27 years of age; no direct ac- year and more than $50 billion in Moreover, after 10 years, the FDA cess to tobacco products; face-to-face ex- health care costs. Clearly the single could can propose an outright ban on

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S765 cigarettes or smokeless tobacco prod- my other colleagues on the Labor Com- proach is nothing more than a blue- ucts. However, should such a prohibi- mittee as Congress deals with this im- print for yet another big government tion be required or undertaken, it portant issue. bureaucracy incapable of meeting its would require congressional approval. I Mr. ENZI. Mr. President, I rise today alleged purpose. I believe Senator JEF- think that is appropriate. I think that as an original cosponsor of legislation FORDS has acknowledged this predica- a decision of that magnitude should offered by my esteemed colleague from ment in the PAST Act. Rather than al- come back to Congress. Vermont, Senator JEFFORDS. I appre- lotting $300 million each year for the In my judgment, these provisions ciate his steady commitment to im- FDA, the agency would receive $100 represent a marked improvement over proving our nation’s public health—es- million, while other federal agencies last summer’s proposed tobacco settle- pecially as it relates to the pending with jurisdiction would receive $135 ment. The settlement has been criti- global tobacco settlement. I, too, be- million, with the remaining $65 million cized for requiring the Food and Drug lieve that we have an opportunity to going to the states for enforcement. Administration to go through an ardu- dramatically affect the number of cur- This is a very fairminded approach and ous formal rulemaking process. rent and future smokers through edu- we largely avoid an unfunded federal Moreoever, unlike the tobacco settle- cation, research and regulation of to- mandate. ment, our bill does not require the bacco products. It is my belief that the Second, the look-back provisions in- FDA to prove the absence of a black Prevention Addiction to Smoking cluded in the global settlement were market—which critics have rightly Among Teens, or PAST Act, is a sig- written to be applicable to our nation’s pointed out would be impossible—in nificant component that accomplishes youth—ages 18 and under. As a result, order to regulate a product. Finally, to just that. Senator JEFFORDS’ bill only addresses the admirable objective of reducing un- provide the resources necessary for The PAST Act is the first piece of derage smoking. While I have no prob- their expanded regulatory powers, the legislation fashioned after the global lem with setting strict goals for reduc- bill requires the FDA to assess a ‘‘user tobacco settlement—reflecting the res- ing underage tobacco use, I firmly be- fee’’ of $100 million annually on all olution’s public health aspects. I com- lieve that the global settlement and manufacturers selling FDA-regulated mend the Senator and his staff for working with me on remedying a num- any subsequent legislation should not tobacco products in the United States. overlook the need to reduce the overall The bill also incorporates very im- ber of outstanding issues in this bill. I impact of smoking related illnesses. portant recommendations on com- look forward to working closely with my colleague on tightening this legis- We must be careful not to lend pride of bating teenage smoking. It calls for being an adult to smoking. I appreciate strong warning labels. It calls for a ban lation as it works its way through the Senator JEFFORDS’ commitment to mix. on vending machine sales that make strengthening this section of the PAST tobacco products so available to teen- I do wish to share my thoughts on a number of issues in the global settle- Act. agers, it would ban outdoor advertising Third, the global settlement fails to ment that must not be overlooked. In and the brand-name sponsorship of address Medicare smoking-attributable addition, I would point out that a sporting events, and it would prohibit expenditures by focusing all of its at- handful of these issues relating to pub- the use of images like Joe Camel and tention on reimbursing states for Med- the Marlboro Man. lic health are already addressed in the icaid expenditures. This is a substan- It also, Mr. President, holds the to- PAST Act. First, I believe the settle- tial financial oversight in my opinion. bacco companies accountable by im- ment fails to complement FDA’s regu- In 1995, the Health Care Financing Ad- posing stiff financial penalties if the latory role by tapping the expertise of ministration spent $176.9 billion in smoking rate among children does not other federal agencies with relative ju- Medicare payments. Medicare outlays decline by 30 percent in 5 years, 50 per- risdiction. Second, the look-back pro- for fiscal 1996 are estimated to be $193.9 cent in 7 years, and 60 percent in 10 visions prescribed by the global settle- billion. Conservatively assuming that years. Moreover, under our bill, there ment are only geared toward our na- only 5 percent of those expenditures is no cap on penalties, and the price tion’s youth and don’t apply to smok- were smoking related, the average goes up the more the companies miss ers above the age of 18. Third, the set- Medicare expenditures attributable to the targets. These are very important, tlement focuses largely on reimbursing smoking during 1995–1996 would still tough new improvements over the pro- Medicaid expenditures and ignores amount to $9.3 billion per year, thereby posed settlement. enormous Medicare expenditures for bringing the twenty-five year total to Our bill incorporates strong meas- smoking related illnesses. Finally, the $192.3 billion. This is an astronomical ures to ensure that restrictions on settlement’s overall compensation sum that deserves consideration. youth access to tobacco products are mechanism fails to address long-term Finally, the global settlement’s re- tough and enforceable. It promotes the smoking attributed illnesses. In light imbursement structure is dubious at development of State and community of these and other inherent difficulties, best. It is my belief that Senator JEF- action programs designed to educate I am reluctant to embrace the entire FORDS’ legislation must receive a the public on addiction and the hazards global settlement with open arms. We sound, long-term financial commit- of tobacco use and to promote the pre- are accepting revenues for past prob- ment from the tobacco industry. Under vention and the cessation of cigarette lems and insuring the future without the current settlement, tobacco com- smoking. compensation. panies would pay an initial $10 billion, It calls for a national public edu- Let me first share my concerns re- and make annual payments starting at cation campaign to deglamorize the garding the FDA’s role. The global set- $8.5 billion in the first year and in- use of tobacco products and to discour- tlement would delegate all regulatory creases to $15 billion in the fifth year age young kids from smoking. And fi- authority of tobacco products to the of the settlement. While the total esti- nally, it calls for a comprehensive to- Food and Drug Administration (FDA), mated payments over 25 years would be bacco related research program to including advertising and education. $368.5 billion, there is no guarantee study the nature of addiction, the ef- Although I favor FDA being the key under the settlement’s structure that fects of nicotine on the body, and how regulatory agency of tobacco products, the total amount would be collected. to change behavior, particularly that I do not believe the agency needs an Economic conditions could change or of children and teens. annual allocation of $300 million to tobacco companies could be driven out Mr. President, I believe that the leg- carry out its obligations—that’s nearly of business leaving the federal govern- islation we are introducing today can 10 times what the FDA requested to en- ment holding an enormous tab for a serve as a basis for broad, bipartisan force its original tobacco rule and one- very expensive regulatory scheme. support to deal with the public health third the agency’s total annual budget. Moreover, a large portion of the global issues that should serve as the founda- Such funding for one agency could not settlement total may not even go to re- tion for any national health policy in only foster regulatory abuses, but also imburse government for the costs of this area. stretch FDA’s internal resources while cigarette smoking. The money is de- I look forward to working with simultaneously compounding Congress’ signed to fund everything from under- Chairman JEFFORDS, Senator ENZI, and oversight responsibilities. Such an ap- age smoking cessation campaigns to

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S766 CONGRESSIONAL RECORD — SENATE February 12, 1998 potentially large civil damage awards. MEDICAID MANAGED CARE EXEMPTION FOR health care requirements of people with dis- The scope of expenditures under the DISABLED INDIVIDUALS abilities is uncertain. Congress recognized global settlement is too broad and the Mr. FORD. Mr. President, today I am this when it exempted SSI-eligible special reimbursement mechanism is too in- introducing legislation to exempt cer- needs children from mandatory managed tain disabled individuals from man- care provisions of the Balanced Budget Act complete to warrant Congressional ap- of 1997. This exemption reconciled the states’ proval. dated managed care coverage under interest in maintaining cost control and In the coming weeks, I will continue Medicaid. During consideration of last flexibility in program management with the to advocate an alternative reimburse- year’s budget legislation, this issue disability community’s concern that man- ment mechanism that not only caters arose but was not addressed in a satis- aged care would negatively impact access to to the PAST Act, but compensates for factory manner. That legislation pro- appropriate specialized health care. smoking attributed illnesses under the vided a broad grant of authority to It is our belief that age is an arbitrary, ar- Medicare program as well. Two prin- states to require individuals eligible tificial barrier to the provision of health ciples lie at the heart of this alter- for Medicaid to enroll in managed care care services. Mental retardation is a life- long impairment that does not disappear at native approach. First, nonsmoking plans. Prior to this change, states were age 19. We, therefore, respectfully request taxpayers should not be expected to required to obtain waivers from the that you support corrective legislation to en- continue footing the bill for what are federal government in order to initiate sure that adults with mental retardation can largely self-induced illnesses. Second, such cost savings measures which receive the specialized health care that they Congress must ensure that the actual would shift large portions of their Med- need throughout their lives unimpaired by compensation fund is solvent for years icaid populations into managed care. managed care. to come. To these ends, I believe we However, states have generally not Thank you for your consideration. Sincerely, should give serious thought to a new been interested in shifting certain cat- POLLY SPARE, industry-based approach in which the egories of individuals into managed President. government determines the costs care, such as individuals in nursing caused by the manufacturer’s product, homes or special needs children. In By Mr. BINGAMAN (for himself and then requires the manufacturer fact, last year’s legislation specifically and Mr. DOMENICI): and smoker to pay for these costs. exempted certain categories of special S. 1662. A bill to authorize the Navajo Such a program would entirely elimi- needs children under age nineteen. Indian irrigation project to use power nate smoking-attributed reimburse- Mr. President, I believe for certain allocated to it from the Colorado River ments from Medicaid and Medicare. categories of individuals it does not storage project for on-farm uses; to the A ‘‘Smoker’s Compensation Fund’’ of make sense to limit this exemption to Committee on Indian Affairs. this type could be modeled on the individuals under age nineteen. For ex- NAVAJO INDIAN IRRIGATION PROJECT Worker’s Compensation Funds already ample, mentally retarded individuals LEGISLATION in existence in the states. The proceeds receiving Medicaid benefits do not Mr. BINGAMAN. Mr. President, I rise for this fund would come from the to- enter into a new health care category today to introduce legislation that will bacco industry, and ultimately from once they reach their nineteenth birth- mean a great deal to the future eco- smokers themselves in the form of day. I believe limiting the exemption nomic development of the Navajo Na- higher cigarette prices. The tobacco in- for such individuals is arbitrary and tion and to the people in the Four Cor- dustry’s annual contributions to the unwise policy. My legislation would ners Region of New Mexico, Arizona, fund could be tied to the number of oc- simply remove the age limitation for Utah, and Colorado. currences of smoking illnesses—the severely disabled individuals. Mr. President, we are truly fortunate greater the occurrences, the larger the I want to express my thanks to the today to have one of the lowest na- contribution. Using Worker’s Com- Voice of the Retarded for their leader- tional unemployment rates in recent pensation as a model, a rolling multi- ship on this issue and their willingness memory. Unfortunately, the adminis- year average could form the basis of to bring it to my attention. I ask unan- tration’s economic juggernaut has not annual premiums to individuals suf- imous consent that a letter in support been felt everywhere. While national fering from smoking-attributed ill- of this legislation from that organiza- unemployment rates are below five nesses. This would create an economic tion be inserted into the RECORD. I also percent, in my state of New Mexico, incentive for the tobacco companies to want to thank Louise Underwood, a unemployment remains stuck at 8%. take actions to reduce tobacco-related constituent of mine who has been a According to the Bureau of Labor Sta- illnesses, thereby driving down the tireless advocate over the years for the tistics, New Mexico has the second number of smokers over the long- rights of mentally retarded and other highest unemployment rate in the term—a true look-back policy. country, right behind the District of Moreover, an industry-based ap- disabled individuals. It is my hope that Columbia. proach would not allow tobacco compa- this straightforward correction to last Regrettably, one of the nation’s high- nies to walk away from long-term year’s legislation will be viewed as est unemployment rates is on the Nav- smoking attributed illnesses through a noncontroversial, and can be enacted ajo Indian Reservation, where unem- total $368.5 billion payment over a 25 into law in the months ahead. ployment is a staggering 50%. The un- year period. Instead, it would adminis- There being no objection, the letter employment rate in neighboring San tratively make the tobacco companies was ordered to be printed in the Juan County is 12%, which is more and the smokers themselves respon- RECORD, as follows: sible for paying for the medical care of VOICE OF THE RETARDED, than twice the national average. These individuals with smoking-related ill- February 3, 1998. statistics should be deeply troubling to nesses indefinitely. I believe that the Hon. WENDELL H. FORD, all senators. Clearly, there is no region Senate Russell Office Building, in this country in greater need of tar- Smoker’s Compensation Fund concept Washington, DC. would be the best vehicle to provide geted economic development. Creating DEAR SENATOR FORD: On behalf of all mem- jobs is precisely the purpose of the leg- long-term financial coverage not only bers of Voice of the Retarded (VOR) nation- for the Medicaid and Medicare pro- wide, I wish to thank you for your long- islation I am introducing today. grams and smokers of all ages, but for standing attention to the many intense In a nutshell, this bill allows the the public health provisions outlined in needs of society’s most-impaired people. Navajo Nation’s Indian Irrigation Project to use a portion of its existing Senator JEFFORDS’ bill being intro- More than any other public figure, you have duced today. consistently championed the causes of those allocation of federal electric power to Thank you, Mr. President. who cannot speak for themselves. We, their help spur economic development and to family members and only spokespersons, are create good jobs in the region. By Mr. FORD: eternally grateful to you. Mr. President, in 1962 Congress au- S. 1649. A bill to exempt disabled in- We come once again to seek your assist- thorized the construction and oper- ance in correcting what seems to have been dividuals from being required to enroll an unintentional oversight in the language ation of the Navajo Indian Irrigation with a managed care entity under the of the Balanced Budget Act of 1997. Project. The project has blossomed medicaid program; to the Committee As you know, the ability of traditional into a 60,000 acre agricultural enter- on Finance. managed care models to meet the unique prise growing potatoes, beans, alfalfa,

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S767 wheat, corn and livestock with annual Mr. President, Congress must not NAVAJO AGRICULTURAL PRODUCTS INDUSTRY revenues of $36 million. Today, the delay action to help reduce the unac- AND CITY OF FARMINGTON—MEMORANDUM OF ‘‘Navajo Pride’’ brand name is a hall- ceptable unemployment rates on the UNDERSTANDING mark of agricultural quality nation- Navajo Reservation. This bill is an im- This Memorandum of Understanding wide. The Tribe’s own Navajo Agricul- portant step toward creating hundreds (Agreement), between the Navajo Agricul- tural Products Industry (NAPI) oper- of year-round jobs and spurring eco- tural Products Industry (NAPI) and the City ates this successful all-Indian project. of Farmington (City), New Mexico, some- nomic development in San Juan Coun- times referred to as the Parties, sets forth NAPI has a full-time staff of 300. The ty and the rest of the Four Corners Re- the terms and conditions to clarify con- workforce swells to 1,200 during the gion. I urge the Chairman of the En- flicting interests in delivery of electrical summer growing season. ergy and Natural Resources Committee service to the Navajo Agricultural Products In the 1962 legislation, Congress au- to schedule a hearing on this worthy Industry. thorized the Bureau of Reclamation to legislation at the earliest possible Whereas, NAPI seeks the support of the reserve eighty-seven megawatts of date. City for the use of Other Priority Use Power electric power for use by the project. It I ask unanimous consent to have a for the development of the proposed french fry factory which will require a legislated is clear from the original authorization copy of the bill included in the RECORD that the primary purpose of the project Change in Purpose; and along with a copy of the Memorandum Whereas, the City of Farmington recog- was to deliver water for the develop- of Understanding between the City of ment of farming and allied industries. nizes and agrees with NAPI that the develop- Farmington and the Navajo Agricul- ment of the french fry factory will have posi- The reserved electric power is cur- tural Products Industry. I also ask tive economic impact for the Navajo Nation, rently used to pump water to the unanimous consent to include in the the City and San Juan County; that the project and to provide the water pres- RECORD letters supporting this legisla- french fry factory will create over 600 jobs; sure needed for irrigation. The original tion from the Bureau of Reclamation; and, that it will require the development of plans called for the use of gravity-fed three additional agricultural blocks which Governor Johnson, the Cities of Farm- irrigation; however, the irrigation will have an important and positive long ington and Bloomfield, New Mexico; method was later changed to a more ef- range influence on the economic develop- ficient electric-powered center-pivot San Juan County, New Mexico; and the ment of the region; and system. Unfortunately, Congress had Navajo Tribal Utility Authority. Whereas, NAPI’s General Manager Lorenzo There being no objection, the mate- Bates and the City’s Mayor Thomas C. Tay- not foreseen these improvements and lor met on November 21, 1997, to resolve out- did not specifically authorize the use of rials were ordered to be printed in the RECORD, as follows: standing issues which have arisen regarding federal power to run irrigation sprin- NAPI’s legislative request for a Change in S. 1662 klers. In a letter to me dated November Purpose of NAPI’s Colorado River Storage 5, 1997, Commissioner Martinez of the Be it enacted by the Senate and House of Rep- Project (CRSP) Project Use Power alloca- Bureau of Reclamation stated that resentatives of the United States of America in tion. Congress had not provided the bureau Congress assembled, Therefore, as a result of the meeting the with sufficient authority to allow SECTION 1. FINDINGS. Parties agree as follows: Congress finds that— 1. NAPI agrees to continue to utilize elec- NAPI to use its existing allocation of (1) the Navajo Indian irrigation project (in electric power for anything other than tric power provided by the City for its center this section referred to as the ‘‘irrigation pivots located in the City’s service area; water pumping. Congress simply failed project’’) was authorized for construction 2. The use and amount of such service to to authorize the use of federal power to and operation as a participating project of the center pivots shall remain similar to the run the sprinklers or for processing of the Colorado River storage project by the amount used by NAPI at the signing of this the products grown there. Act of June 13, 1962, Public Law 87–483, pur- Agreement and shall continue until the City The legislation I am introducing suant to plans approved by the Secretary of implements customer choice in its service would allow NAPI to use its existing the Interior on October 16, 1957; area; power allocation to run the project’s (2) the irrigation project is an all-Indian ir- 3. This Agreement will be applicable and irrigation sprinklers or factories on the rigation project authorized for the primary bind any person, corporation, or entity purpose of delivering water to develop farm- reservation that process the agricul- which may purchase or acquire through any ing and allied industries that benefit the means the Farmington Electric Utility Sys- tural products. This legislation does Navajo Nation; tem (FEUS). not increase the amount of power allo- (3) the Bureau of Reclamation has reserved In consideration of NAPI’s promises and cated to NAPI—nobody’s allocation of 87 megawatts of power and associated energy covenants, the City agrees as follows: electric power is reduced or affected in from the Colorado River storage project for 1. To support NAPI’s request for a legisla- any way. Moreover, the change would current and future use on the irrigation tive Change in Purpose of a remaining por- have no cost or other impact on tax- project, but currently not more than 25 tion of their eighty-seven megawatts (87 payers. megawatts of power is being used because mW) of CRSP allocation of federal power to This legislation is a simple technical the project is only partially completed; be used to supply electricity to the proposed while the initial and subsequent plans and french fry plant; change. It clarifies existing congres- authorizing legislation for the irrigation sional language. Moreover, because 2. To provide additional support through project allow power to be used to deliver letters, communications and action which this is an all-Indian project established water to the irrigation project by canals and will facilitate the development of the french by Congress to benefit the Navajo Na- to lift water to heights sufficient to pres- fry factory and is not contradictory to policy tion, this legislation does not create a surize the sprinkler delivery system, clari- decisions the City has made; and precedent that would apply to any fication is necessary to approve the use of 3. To review the FEUS rates for electric other irrigation project. power for on-farm uses such as for powering service within the next two years and make This bill has the support of the Bu- center-pivot irrigation systems or for related an effort to offer competitive rates for cen- reau of Reclamation. In addition, the agricultural industry purposes; and ter pivot operations. Republican Governor of the state of (4) the irrigation project is of vital eco- By this acknowledgment, the Parties agree nomic importance to the Navajo Nation, and to abide by the terms of this Agreement. New Mexico and the nearby cities, substantial economic development for the counties, and electric utility compa- NAVAJO AGRICULTURAL Four Corners Region and the Navajo Nation PRODUCTS INDUSTRY. nies support this change because they could be realized if a portion of the 87 mega- CITY OF FARMINGTON. recognize the economic benefits for the watt power allocation were made available U.S. DEPARTMENT OF THE INTERIOR, entire Four Corners Region. I would by the Bureau of Reclamation for powering BUREAU OF RECLAMATION, particularly like to acknowledge the center-pivot irrigation systems and for re- Washington, DC, November 5, 1997. City of Farmington and Republican lated agricultural industry purposes. Hon. JEFF BINGAMAN, Mayor Thomas C. Taylor for support of SEC. 2. USE OF POWER. U.S. Senate, Washington, DC. the project as reflected in a Memo- The first section of the Act of June 13, 1962 DEAR SENATOR BINGAMAN: Thank you for randum of Understanding between the (Public Law 87–483; 76 Stat. 96) is amended by your May 8, 1997, letter co-signed by the New adding at the end the following: ‘‘The Navajo Mexico and Arizona Congressional delega- City and NAPI. In addition, the State Indian irrigation project may use its alloca- tion, regarding the use of Federal power for of New Mexico has supported this effort tion of 87 megawatts of power from the Colo- the Navajo Agricultural Products Industry’s with a grant to study water issues and rado River storage project for water deliv- (NAPI) center pivot irrigation system and by permitting the Navajo Nation to use ery, on-farm production, and related agricul- industrial uses. The Bureau of Reclamation state bonding capacity. tural industry purposes.’’. (Reclamation) has no express authority to

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S768 CONGRESSIONAL RECORD — SENATE February 12, 1998 allow the use of project power for these pro- and economic development for the Navajo Zone/Enterprise Community program we at- posed on-farm uses. Although Reclamation Nation, City of Farmington, San Juan Coun- tempted to focus on job creation in areas might have implicit authority which would ty and the State of New Mexico, as well as south of our city where residents live far allow for the use of project power in the the Navajo Agricultural Product Industry. below the poverty standards. This project is manner requested, such an interpretation The creation of up to 500 plant jobs and an- the best opportunity for Navajo employment would not be consistent with the past in- other 100 farming jobs will benefit the com- in that area. stances of Reclamation practice. While we munity and the state. We commend everyone Sincerely, will continue to review the matter, given the involved for the collaboration between state, THOMAS C. TAYLOR, lack of express authority, legislation to re- federal, local and tribal agencies to make Mayor. solve the matter conclusively and expedi- the french fry project a reality. tiously may be appropriate. The Department of Economic Development CITY OF BLOOMFIELD, The sale of Federal power from a Reclama- has been heavily involved in this project for Bloomfield, NM, February 6, 1998. tion project is governed by general Federal several years and spearheaded the effort to Senator JEFF BINGAMAN, Reclamation law and authorizing acts for pass a new law to allow Nations, Tribes and Hart Office Building, Washington, DC. specific projects. Reclamation may provide Pueblos access to the New Mexico Finance RE: Navajo Agricultural Products Industry power only for the uses authorized by Con- Authority bonding capacity. I supported and (NAPI)—Potato Processing Plant signed into law this piece of legislation. The gress. Power is sold either as project power DEAR SENATOR BINGAMAN: The City of at the project,1 or for other uses, on or off New Mexico Department of Environment Bloomfield has been supportive of NAPI the project (non-project power). The Navajo also gave a grant to the Navajo Nation of since its inception and in particularly sup- Indian Irrigation Project (NIIP) was author- $200,000 to study water issues for the french portive of its efforts to develop a ‘‘potato ized for construction and operation as a par- fry factory. The funding for the study came processing plant’’. We understand that Legis- ticipating project of CRSP by Public Law 87– through the State Legislature with my full lation is being prepared to allow NAPI to 483 passed on June 13, 1962, pursuant to plans support In 1997, the New Mexico Legislature utilize WAPA Power for the plant and other approved by the Secretary of the Interior on and my administration worked to pass legis- purposes. We therefore, request your support October 16, 1957. Although NIIP is an Indian lation to further assist the Navajo Nation re- of this Legislation. irrigation project, it is subject to Federal cruit the french fry factory to NAPI. As you are well aware, the Navajo Nation Reclamation law as provided by Section 4 of Sincerely, has a 49% unemployment rate on the res- the Colorado River Storage Project Act of GARY E. JOHNSON, ervation, therefore we feel that the develop- April 11, 1956. The planning and authoriza- Governor. ment of the potato processing plant is of ut- tion documents, along with subsequent plan- most importance to the Navajo Nation, San ning reports, indicate that project power was CITY OF FARMINGTON, Juan County and the City of Bloomfield. intended to accommodate delivery of water OFFICE OF THE MAYOR, On behalf of myself and the City Council I to the farm by canals and by lifting water to Farmington, NM, February 10, 1998. would like to reaffirm the City’s support for heights sufficient to pressurize the sprinkler Mr. LORENZO BATES, what can only be an economic benefit to all irrigation delivery system. No specific indi- General Manager, Navajo Agricultural Products the citizens in Northwest New Mexico. cation is made that project power would be Industry, Farmington, NM. Sincerely, DEAR MR. BATES: Based upon information available to run center pivot irrigation sys- SAM MOHLER, received from the Navajo Agricultural Prod- tems or for on-farm municipal and industrial Mayor. ucts Industry (NAPI), the Navajo Tribal uses, however, it is clear that the primary Utility Authority (NTUA) and Senator purpose of the project is to deliver water for SAN JUAN COUNTY, Bingaman’s office, the City of Farmington the development of farming and allied indus- Aztec, NM, February 6, 1998. (City) understands that the location of the tries. Hon. JEFF BINGAMAN, proposed french fry plant will straddle the Reclamation has reserved 87 Megawatts Hart Senate Office Building, Washington, DC. area served by NTUA and the City of Farm- (MW) of project power from the CRSP for Re: Navajo Agriculture Products Industry ington’s electric utility. Furthermore, our current and future use on the NIIP for au- (NAPI)—Potato Processing Plant understanding is that the electricity re- thorized purposes. Although as you point out DEAR SENATOR BINGAMAN: San Juan Coun- quired for the french fry plant will be pro- in your May 8, 1997, letter, the terms of the ty has been supportive of the NAPI’s ‘‘Potato vided from resources available to NAPI 1990 interagency agreement and revisions Processing Plant’’ since its inception. On nu- under the Interagency Agreement among agreed to by the Western Area Power Admin- merous occasions we have met with Mr. NAPI and the US Department of Interior— istration, Reclamation, and NAPI provide Lorenzo Bates of NAPI and our legislative Bureau of Indian Affairs and the US Depart- that NAPI can use other Priority Use Power delegation to attempt to bring this project ment of Interior—Bureau of Reclamation for sprinkler irrigation and industrial uses, to fruition. and the US Department of Energy—Western specific Congressional authority for such The Navajo Nation has a 49% unemploy- Area Power Administration, Colorado River uses does not exist and therefore legislation ment rate on the Reservation and because of Storage Project and that NTUA proposes to making such authority clear would be appro- this, we feel that the Potato Processing build the transmission/distribution system priate. As development of NIIP continues, Plant is of upmost importance to the Coun- necessary to deliver such resources to NAPI. there are increasing opportunities for appli- ty. In order for NAPI to have access to the re- cation of various conservation measures On behalf of myself and the San Juan sources under the Agreement referred to with attendant energy saving. With specific County Commission, I would like to reaffirm above, it is necessary to have legislation in- Congressional authorization, we believe that the County’s support for what I feel will be troduced which will provide for a change in overall power usage, including the proposed an economic benefit to all the citizens in purpose for the use of the project power. Sen- on-farm uses can be accommodated within San Juan County. ator Bingaman’s office is intending to intro- Please let us know if we can be of further the present 87 MW allocation. duce that legislation in the Senate during assistance. If you desire to discuss these matters fur- the latter part of February, 1998. The City of Sincerely, ther, please contact Arlo Allen at (801) 524– Farmington, in accordance with the Memo- TONY ATKINSON, 3612. randum of Understanding between NAPI and Sincerely, County Manager. the City dated December 10, 1997, supports ELUID L. MARTINEZ, NAPI’s request for a legislative Change in NAVAJO TRIBAL UTILITY AUTHORITY, Commissioner. Purpose of a remaining portion of the Fort Defiance, AZ, February 10, 1998. eighty-seven megawatts (87mW) of CRSP al- Hon. JEFF BINGAMAN, OFFICE OF THE GOVERNOR, location of federal power to be used to supply U.S. Senate, Hart Senate Office Building, STATE CAPITOL, electricity to the proposed french fry plant. Washington, DC. Santa Fe, NM, February 11, 1998. Sincerely, Hon. JEFF BINGAMAN, Re: Navajo Indian Irrigation Project On THOMAS C. TAYLOR, U.S. Senate, Hart Senate Office Bldg., Wash- Farm Use of Colorado River Storage Project Mayor. ington, DC. Power CITY OF FARMINGTON, DEAR SENATOR BINGAMAN: The Navajo Hon. PETE V DOMENICI, OFFICE OF THE MAYOR, Tribal Utility Authority, the public agency U.S. Senate, Hart Senate Office Bldg., Wash- Farmington, NM, January 8, 1998. and enterprise of the Navajo Nation which ington, DC. LORENZO BATES, provides power and energy to consumers DEAR SENATOR BINGAMAN AND SENATOR General Manager, NAPI, Farmington, NM. within the Navajo Indian Reservation, has DOMENICI: It is with pleasure that I give my DEAR LORENZO: The City of Farmington been advised of the possibility of legislation support to the Navajo Agricultural Products supports and encourages the development of which would authorize the use of an existing Industry French Fry Plant. This project of- the potato processing facility at NAPI. This allocation of 87 megawatts of Colorado River fers great opportunities for self-sufficiency project has the potential of creating numer- Storage Project Power for certain on farm ous job opportunities for a large, unem- uses, including center pivot sprinkler irriga- 1 There are two types of project power, ‘‘project ployed segment of the population. In the tion and for processing agricultural products use power’’ and ‘‘priority use power.’’ City’s application to the Empowerment for consumer use.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S769 The Utility Authority supports the pro- of S. 412, a bill to provide for a national clude from gross income certain posed legislation which clarifies the avail- standard to prohibit the operation of amounts received as scholarships by an ability of this power for on farm uses. The motor vehicles by intoxicated individ- individual under the National Health Navajo Indian Irrigation Project has for uals. Corps Scholarship Program. many years been delayed in its completion and the allocation of power, originally made S. 850 S. 1287 on the basis of a flood irrigation arrange- At the request of Mr. AKAKA, the At the request of Mr. JEFFORDS, the ment, may not be totally used for many, name of the Senator from Florida [Mr. name of the Senator from Maine [Ms. many years. GRAHAM] was added as a cosponsor of S. COLLINS] was withdrawn as a cosponsor Since the promised benefits for agreement 850, a bill to amend the Packers and of S. 1287, a bill to assist in the con- to share water shortages have not material- Stockyards Act, 1921, to make it un- servation of Asian elephants by sup- ized as expected, it seems appropriate to sug- gest that, in some small measure, passage of lawful for any stockyard owner, mar- porting and providing financial re- this legislation would attempt to address the ket agency, or dealer to transfer or sources for the conservation programs many delays which have consistently market nonambulatory livestock, and of nations within the range of Asian plagued the Navajo Indian Irrigation for other purposes. elephants and projects of persons with Project. S. 887 demonstrated expertise in the con- The Authority recognizes that the initial At the request of Ms. MOSELEY- servation of Asian elephants. allocations of ‘‘project use’’ power to the Ir- BRAUN, the names of the Senator from S. 1311 rigation Project did not specifically mention sprinkler irrigation by center pivot methods California [Mrs. BOXER] and the Sen- At the request of Mr. LOTT, the name nor the development of municipal or indus- ator from New Jersey [Mr. TORRICELLI] of the Senator from Idaho [Mr. CRAIG] trial uses on the farm. However, these activi- were added as cosponsors of S. 887, a was added as a cosponsor of S. 1311, a ties must have been contemplated within the bill to establish in the National Serv- bill to impose certain sanctions on for- plan for the development of a 110,000 acre ir- ice the National Underground Railroad eign persons who transfer items con- rigation farm for the Navajo Nation. Network to Freedom program, and for tributing to Iran’s efforts to acquire, As the current serving utility for a sub- other purposes. develop, or produce ballistic missiles. stantial portion of the Irrigation Project, the Authority supports enactment of the leg- S. 1096 S. 1365 islation by the Congress. At the request of Mr. KERREY, the At the request of Mr. SARBANES, his Very truly yours, name of the Senator from Maine [Ms. name was added as a cosponsor of S. MALCOLM P. DALTON, SNOWE] was added as a cosponsor of S. 1365, a bill to amend title II of the So- General Manager. 1096, a bill to restructure the Internal cial Security Act to provide that the f Revenue Service, and for other pur- reductions in social security benefits poses. which are required in the case of ADDITIONAL COSPONSORS S. 1147 spouses and surviving spouses who are S. 153 At the request of Mr. WELLSTONE, the also receiving certain Government pen- At the request of Mr. MOYNIHAN, the name of the Senator from Colorado sions shall be equal to the amount by name of the Senator from Ohio [Mr. [Mr. CAMPBELL] was added as a cospon- which two-thirds of the total amount DEWINE] was added as a cosponsor of S. sor of S. 1147, a bill to amend the Pub- of the combined monthly benefit (be- 153, a bill to amend the Age Discrimi- lic Health Service Act, Employee Re- fore reduction) and monthly pension nation in Employment Act of 1967 to tirement Income Security Act of 1974, exceeds $1,200, adjusted for inflation. allow institutions of higher education and the Internal Revenue Code of 1986 S. 1461 to offer faculty members who are serv- to provide for nondiscriminatory cov- At the request of Mr. LAUTENBERG, ing under an arrangement providing for erage for substance abuse treatment the name of the Senator from Indiana unlimited tenure, benefits on vol- services under private group and indi- [Mr. LUGAR] was added as a cosponsor untary retirement that are reduced or vidual health coverage. of S. 1461, a bill to establish a youth eliminated on the basis of age, and for S. 1180 mentoring program. other purposes. At the request of Mr. KEMPTHORNE, S. 1504 S. 263 the name of the Senator from North At the request of Mr. GRAHAM, the At the request of Mr. MCCONNELL, Carolina [Mr. HELMS] was added as a name of the Senator from Illinois [Mr. the name of the Senator from South cosponsor of S. 1180, a bill to reauthor- DURBIN] was added as a cosponsor of S. Dakota [Mr. JOHNSON] was added as a ize the Endangered Species Act. 1504, a bill to adjust the immigration cosponsor of S. 263, a bill to prohibit S. 1252 status of certain Haitian nationals who the import, export, sale, purchase, pos- At the request of Mr. REED, his name were provided refuge in the United session, transportation, acquisition, was added as a cosponsor of S. 1252, a States. and receipt of bear viscera or products bill to amend the Internal Revenue S. 1578 that contain or claim to contain bear Code of 1986 to increase the amount of At the request of Mr. MCCAIN, the viscera, and for other purposes. low-income housing credits which may name of the Senator from Vermont S. 361 be allocated in each State, and to index [Mr. LEAHY] was added as a cosponsor At the request of Mr. JEFFORDS, the such amount for inflation. of S. 1578, a bill to make available on name of the Senator from Michigan S. 1260 the Internet, for purposes of access and [Mr. LEVIN] was added as a cosponsor of At the request of Mr. GRAMM, the retrieval by the public, certain infor- S. 361, a bill to amend the Endangered name of the Senator from North Caro- mation available through the Congres- Species Act of 1973 to prohibit the sale, lina [Mr. HELMS] was added as a co- sional Research Service web site. import, and export of products labeled sponsor of S. 1260, a bill to amend the S. 1605 as containing endangered species, and Securities Act of 1933 and the Securi- At the request of Mr. LEAHY, the for other purposes. ties Exchange Act of 1934 to limit the name of the Senator from Illinois [Mr. S. 389 conduct of securities class actions DURBIN] was added as a cosponsor of S. At the request of Mr. ABRAHAM, the under State law, and for other pur- 1605, a bill to establish a matching name of the Senator from New Mexico poses. grant program to help States, units of [Mr. DOMENICI] was added as a cospon- S. 1286 local government, and Indian tribes to sor of S. 389, a bill to improve congres- At the request of Mr. JEFFORDS, the purchase armor vests for use by law en- sional deliberation on proposed Federal names of the Senator from Vermont forcement officers. private sector mandates, and for other [Mr. LEAHY], the Senator from Maine S. 1618 purposes. [Ms. SNOWE], the Senator from Maine At the request of Mr. MCCAIN, the S. 412 [Ms. COLLINS], and the Senator from name of the Senator from South Da- At the request of Mr. LAUTENBERG, Nevada [Mr. REID] were added as co- kota [Mr. JOHNSON] was added as a co- the name of the Senator from Oregon sponsors of S. 1286, a bill to amend the sponsor of S. 1618, a bill to amend the [Mr. SMITH] was added as a cosponsor Internal Revenue Code of 1986 to ex- Communications Act of 1934 to improve

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S770 CONGRESSIONAL RECORD — SENATE February 12, 1998 the protection of consumers against Senator from California [Mrs. FEIN- sanctions proposed by the UN Secretary Gen- ‘‘slamming’’ by telecommunications STEIN], the Senator from Mississippi eral; Whereas revenues from oil exports have carriers, and for other purposes. [Mr. COCHRAN], and the Senator from historically represented nearly all (95 per- Oregon [Mr. WYDEN] were added as co- SENATE JOINT RESOLUTION 40 cent) of Iraq’s foreign exchange earnings; At the request of Mr. HATCH, the sponsors of Senate Resolution 171, a Whereas in the year preceding hostilities names of the Senator from Oklahoma resolution designating March 25, 1998, in Operation Desert Storm, Iraq’s export [Mr. NICKLES] and the Senator from as ‘‘Greek Independence Day: A Na- earnings totaled $10.4 billion; Wyoming [Mr. THOMAS] were added as tional Day of Celebration of Greek and Whereas Iraq, since the end of Operation cosponsors of Senate Joint Resolution American Democracy.’’ Desert Storm, has been steadily increasing exports of oil to Jordan from 60,000 to 80,000 SENATE RESOLUTION 174 40, a joint resolution proposing an barrels per day and in December 1997, agreed amendment to the Constitution of the At the request of Mr. ROTH, the name to increase such shipments to approximately United States authorizing Congress to of the Senator from Florida [Mr. MACK] 96,000 barrels per day; prohibit the physical desecration of the was added as a cosponsor of Senate Whereas Iraq has been able to circumvent flag of the United States. Resolution 174, a resolution to state international economic sanctions by export- ing oil to Turkey; SENATE CONCURRENT RESOLUTION 55 the sense of the Senate that Thailand Whereas the Multinational Interdiction At the request of Mr. GREGG, the is a key partner and friend of the United States, has committed itself to Force that conducts maritime searches in names of the Senator from South Caro- the Persian Gulf has reported that exports of lina [Mr. HOLLINGS] and the Senator executing its responsibilites under its contraband Iraqi oil through the Gulf have from Indiana [Mr. COATS] were added as arrangements with the International increased seven-fold in the past year, from cosponsors of Senate Concurrent Reso- Monetary Fund, and that the United $10 million in diesel fuel sales in 1996 to $75 lution 55, a concurrent resolution de- States should be prepared to take ap- million in 1997; claring the annual memorial service propriate steps to ensure continued Whereas Iraq’s military capabilities, in- close bilateral relations. cluding its capacity to produce weapons of sponsored by the National Emergency mass destruction, are significantly enhanced AMENDMENT NO. 1397 Medical Services Memorial Service by its ability to earn foreign exchange pri- Board of Directors to honor emergency At the request of Mr. BYRD, the marily from oil exports; medical services personnel to be the names of the Senator from Connecticut Resolved by the Senate (the House of Rep- ‘‘National Emergency Medical Services [Mr. DODD] and the Senator from South resentatives concurring), That Congress— Memorial Service.’’ Carolina [Mr. THURMOND] were added as (1) condemns in the strongest possible terms the continued threat to international SENATE CONCURRENT RESOLUTION 71 cosponsors of Amendment No. 1397 in- tended to be proposed to S. 1173, a bill peace and security posed by Iraq’s refusal to At the request of Mr. LOTT, the name meet its international obligations and end of the Senator from Colorado [Mr. to authorize funds for construction of its weapons of mass destruction programs; CAMPBELL] was added as a cosponsor of highways, for highway safety pro- (2) urges the Administration to oppose any Senate Concurrent Resolution 71, a grams, and for mass transit programs, further weakening of economic sanctions in- concurrent resolution condemning and for other purposes. cluding extension of, or expansion of, United Iraq’s threat to international peace f Nations Security Council Resolution 986; and security. (3) urges the President to propose to the SENATE CONCURRENT RESOLU- United Nations Security Council measures to SENATE RESOLUTION 148 TION 76—ENFORCING THE EM- significantly tighten the international em- At the request of Mr. DOMENICI, the BARGO ON THE EXPORT OF OIL bargo on the sale of oil from Iraq, including names of the Senator from Colorado FROM IRAQ efforts to strengthen the Multi-lateral Inter- diction Force and inspection operations near [Mr. CAMPBELL], the Senator from Illi- Mr. MURKOWSKI submitted the fol- nois [Mr. DURBIN], and the Senator the Port of Basra; lowing concurrent resolution; which (4) urges the President to enter into nego- from Montana [Mr. BAUCUS] were added was referred to the Committee on For- tiations with oil producing nations in the as cosponsors of Senate Resolution 148, eign Relations: Gulf to encourage them to make subsidized a resolution designating 1998 as the S. CON. RES. 76 sales of oil to Jordan; ‘‘Onate Cuartocentenario’’, the 400th (5) urges the President to submit a report anniversay commemoration of the first Whereas hostilities in Operation Desert to Congress 30 days before the UN is author- Storm ended on February 28, 1991, and the ized to consider renewing Iraq’s authority to permanent Spanish settlement in New cease fire was codified in United Nations Se- Mexico. export oil setting forth a detailed accounting curity Council Resolutions 686 (March 2, for the disposition of the proceeds of UN au- SENATE RESOLUTION 155 1991) and 687 (April 3, 1991); thorized sales of oil from Iraq. At the request of Mr. LOTT, the Whereas United Nations Security Council Mr. MURKOWSKI. Mr. President, I names of the Senator from Maine [Ms. Resolution 687 requires that international economic sanctions, including an embargo rise to submit a concurrent resolution SNOWE] and the Senator from Utah on the sale of oil from Iraq, remain in place addressing the international sanctions [Mr. HATCH] were added as cosponsors until Iraq discloses and destroys its weapons regime that has been in place against of Senate Resolution 155, a resolution of mass destruction programs and capabili- Iraq since the end of the Persian Gulf designating April 6 of each year as ties and undertakes unconditionally never to war. As we all know, there has been a ‘‘National Tartan Day’’ to recognize resume such activities; great deal of deliberation in this Cham- the outstanding achievements and con- Whereas Resolution 687 further established ber relative to potential action that tributions made by Scottish Americans the United Nations Special Commission might be initiated by our Government to the United States. (UNSCOM) on Iraq to uncover all aspects of Iraq’s weapons of mass destruction program; against Iraq. And there is a feeling of, SENATE RESOLUTION 168 Whereas, despite the sustained opposition I think, growing concern as to just At the request of Mr. HUTCHINSON, of the Government of Iraq, UNSCOM has dis- what type action we might take and the name of the Senator from Utah covered many instances of inaccurate ac- what it will accomplish. [Mr. HATCH] was added as a cosponsor tions by Iraq concerning Iraqi ballistic mis- But, Mr. President, I think I bring a of Senate Resolution 168, a resolution sile capabilities and chemical and biological different approach to this dilemma. As programs; expressing the sense of the Senate that we acknowledge the risk of the ap- the Department of Education, States, Whereas Security Council Resolution 986 (April 14, 1995) partially lifted international proach to this dilemma. As we ac- and local educational agencies should economic sanctions by allowing Iraq to sell knowledge the risk of the approaching spend a greater percentage of Federal $1 billion in oil every 90 days, the proceeds of confrontation with Iraq that has been education tax dollars in our children’s which are designed, in part, for humani- brought about by Saddam Hussein’s classrooms. tarian assistance to the people of Iraq; continuing unwillingness to allow the SENATE RESOLUTION 171 Whereas a report by the Secretary General U.N. inspectors the right to inspect the of the United Nations submitted on February At the request of Mr. SPECTER, the facilities in Iraq, what we also know is 2, 1998 recommends further easing of eco- names of the Senator from Rhode Is- nomic sanctions by allowing Iraq to sell $5.2 that Saddam Hussein is very likely land [Mr. REED], the Senator from billion in oil every six months; continuing to manufacture and develop Rhode Island [Mr. CHAFEE], the Senator Whereas the United States has indicated it weapons of mass destruction, probably from Washington [Mrs. MURRAY], the will support the easing of further economic of a biological nature.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S771 I was in Iraq in the early 1980s with Ever since the gulf war ended, Iraq Mr. President, I believe that the a number of Senators and had an op- has been shipping oil into Jordan. Ini- United States must make every effort portunity to visit with Saddam Hus- tially, Jordan received about 60,000 bar- now to ensure that Saddam cannot use sein before the Persian Gulf war. It was rels of Iraqi oil a day. That figure has his oil assets to obtain more hard cur- clear from that meeting that we had a recently climbed to over 80,000 barrels rency for weapons programs. That is very unusual personality, one who is a day, and in an agreement reached in why I am introducing the resolution dangerous and clearly unpredictable. December, the oil trade between Iraq today. The resolution specifically As a consequence, we find ourselves and Jordan is scheduled to climb to urges the President to oppose any in the position that until the U.N. in- 96,000 barrels a day. measure that weakens the inter- spectors are allowed unfettered access Although the Jordanians claim that national sanctions that permit Iraq to to the facilities in Iraq, the world will the oil is traded for food and medicine, export oil. continue to be held hostage to the de- I personally find it hard to believe Recently, the Secretary-General of structive and threatening tendencies of that, with millions of dollars worth of the United Nations recommended a sig- Saddam Hussein. oil and products daily crossing the nificant easing of the Iraq sanctions With the world’s economy so heavily Iraq/Jordanian border, that some of and proposed that Iraq be permitted to dependent on the free flow of oil from that oil is not leaking into the world sell more than twice as much oil as is the Mideast, so long as these weapons market or that hard currency and so- currently permitted. Under this pro- of mass destruction exist, the economic phisticated machinery are not flowing posal, Iraq could conceivably sell $10.4 stability of every nation in the world is back into Iraq. As a matter of fact, we billion worth of oil in a single year. I somewhat at risk. Make no mistake know that oil is leaking out. was shocked to learn that this adminis- about it, Mr. President, the Persian Moreover, there is a great deal of evi- tration has indicated it would support Gulf war was a war to ensure that Sad- dence that Iraqi oil is being shipped this unwarranted expansion of Iraqi oil dam did not take over the oil fields of across the border into Turkey. Dollars exports. Mr. President, if this U.N. pro- Kuwait. That was Saddam’s objective. are surely being traded in exchange for posal is adopted we might just as well It was a war about oil and the neces- the oil, and those dollars are likely to end all sanctions on Iraq. Mr. Presi- sity of keeping oil flowing to the free be used to finance Saddam’s factories dent, $10.4 billion dollars was the markets of the world. of death. amount of oil that Iraq exported before So, Mr. President, one question that In addition, Mr. President, the Multi- her invasion of Kuwait. Are we going seems to be lost in the debate is, how— national Interdiction Force, the MIF, to allow Iraq to to return to that level how—has Saddam been able to obtain that conducts maritime searches in the of exports and still retain a public the technology and the resources to Persian Gulf reported factually last stance in support of sanctions? That construct facilities capable of pro- fall that exports of contraband Iraqi oil proposal makes a mockery of the sanc- through the gulf and jumped sevenfold ducing poison gas and biological weap- tions. ons? The U.N. economic embargo has in the past year, from $10 million in My concurrent resolution would also diesel fuel sales in 1996 to $75 million in been in place for 7 years, but some- urge the President to develop measures 1997. Much of that oil is believed to be how—somehow—he appears to have that will tighten the oil embargo on transshipped through Iran and the been able to maintain a cash flow to Iraq and prevent the leakage into the United Arab Emirates and on to the purchase the necessary technology for would marketplace that we have seen world market. over the past few years. It also urges building these laboratories of death. What does Saddam do with the reve- Just this morning, the Washington the President to try and convince both nues from those contraband sales? Post is reporting that U.N. inspectors the Governments of Kuwait and Saudi Well, he keeps his weapons factories have uncovered evidence that in 1995 Arabia to end their boycott of Jordan running, keeps the Republican Guards the Russian Government may have en- well armed and fed. and begin making subsidized oil sales tered into a multimillion dollar deal to Mr. President, the United States has to Jordan to replace the Iraqi oil. The sell Iraq specialized fermentation been concerned about the hardships, of Jordanian border is one of the most po- equipment that could be used to de- course, that the economic sanctions rous in the Middle East and the Jor- velop biological weapons. If this story have imposed on the people of Iraq. Our danians are forced to trade with Iraq turns out to be true, Russia’s credi- conflict is not with the Iraqi people; it primarily because the Saudis and Ku- bility in its alleged efforts to broker a is with the dictator who has run that waitis will not sell Jordan oil. That diplomatic solution to the current cri- country for some 19 years while depriv- policy may have made sense imme- sis could be seriously called into ques- ing the people of the basic dignities of diately after the gulf war but today it tion. life and slaughtering some tens of must be reconsidered. If we can replace More importantly, the question re- thousands of minority citizens of Iraq. 96,000 barrels of oil that Jordan im- mains, how could Iraq have financed In 1995, the United States supported a ports from Iraq, we will have made a this deal? Well, surely the Russians fundamental weakening of the eco- significant step toward tightening the were not going to sell such equipment nomic sanctions against Iraq. We sup- flow of dollars to Iraq. in exchange for worthless Iraqi dinars. ported a resolution permitting Iraq to Mr. President, oil is the key to con- The deal had to be financed with dol- sell $1 billion worth of oil every 90 days trolling the future military capacity lars, had to be financed with hard cur- under the oil-for-food program. I be- and capabilities of Iraq, and we must rency. But how could Iraq amass mil- lieve this was a weakening of the sanc- move more vigilantly in our efforts to lions in hard currency in the face of 7 tions, and as a consequence was a mis- stop the leakage of Iraqi oil onto the years of U.N. sanctions? take. would market if we are going to con- Well, Mr. President, there is only one What this has done is it has allowed tain Saddam Hussein. answer. It is an obvious one. The only Saddam to import food and medicine Mr. President, let me again highlight mechanism that Iraq has to enable it for the Iraqi people, which is true and the specifics of the resolution I just in- to gain hard currency is to export its certainly worthy, but it has also made troduced. The resolution urges the ad- oil. There is virtually nothing else, be- it far easier for Saddam to divert some ministration to oppose any further sides dates and some agriculture prod- of the investment billions that he has weakening of economic sanctions ucts, that Iraq has to export. hidden in accounts around the world. against Iraq. The resolution urges the Prior to the U.N. sanctions in 1990, Prior to the oil-for-food program, Sad- President to propose to the United Na- Iraq had exports of $10.4 billion. Of that dam had to use these investment prof- tions measures to significantly tighten amount, more than 95 percent—or al- its to import food and medicine. The the international embargo on the sale most $10 billion—was derived from oil oil-for-food program frees up his in- of oil from Iraq, including efforts to exports. Clearly, Iraq’s capacity to pur- vestment profits to purchase equip- strengthen the multilateral interdic- chase equipment in the world market ment that can enhance all of his weap- tion force so that these illegal ship- to develop weapons of mass destruction ons capabilities, including his capacity ments can be stopped. And finally, the is directly linked to its ability to sell to manufacture weapons of mass de- resolution urges the President to enter oil, and only oil. struction. into negotiations with oil producing

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S772 CONGRESSIONAL RECORD — SENATE February 12, 1998 nations in the gulf to encourage these tiate a military action against Sad- in which children are cared for by an at- nations to make subsidized sales of oil dam. Stop Saddam Hussein’s oil and home parent; and to Jordan. you shut down his ability to funnel re- Whereas any congressional proposal that Mr. President, recognizing the con- sources into his war machine and the increases child care funding should provide financial relief to families that sacrifice an cern that we all share over develop- economy, and ultimately, I think his entire income in order that a mother or fa- ments in Iraq since the Persian Gulf regime will collapse. ther may be at home for their young child: war, we are faced with the necessity to As a Congress, we must address the Now, therefore, be it take a hard look at our options. One issue of oil sales and we must do it in Resolved by the Senate (the House of Rep- option is the strategic bombing of the a prompt manner. I believe we must resentatives concurring), That the Congress sites where we believe we have enough terminate these illegal sales of oil and recognizes that— information to satisfy ourselves that a we must be more vigilant in our over- (1) many American families make enor- strike will have a meaningful impact. sight to ensure that the oil that is al- mous sacrifices to forgo a second income in order to have a parent care for their child at On the other hand, strategic bombing lowed to be sold under the sanctions home; is likely to result in television shots of and the dollars generated are really (2) there should be no bias against at-home injured children and women that un- going for the benefit of the people and parents; doubtedly will be placed as human their social needs. That is the basis of (3) parents choose many legitimate forms shields around strategic sites in Iraq. my resolution. We must stop Saddam of child care to meet their individual needs— Another option is the use of ground Hussein’s ability to fund his war ma- an at-home parent, grandparent, aunt, uncle, forces to back up an air campaign to chine by cutting off his ability to sup- neighbor, nanny, preschool, or child care center; try and take out Saddam Hussein him- ply the markets with Iraqi oil. That is self. Although the United States has (4) child care needs of at-home parents and an action that we should have taken working parents should be given careful con- significant resources, there is a rec- some time ago. sideration by the Congress; ognition that a ground strike under I urge my colleagues to consider the (5) any quality child care proposal should current circumstances is unlikely merits of my concurrent resolution. It reflect careful consideration of providing fi- given the increasing likelihood that is certainly appropriate to consider nancial relief for those families where there American solders would lose their this action as we address the merits of is an at-home parent; and lives. Of course there is also the unan- any further military action that might * * * * * swered question of what we would do if be contemplated to stop Saddam from f Saddam survived such an attack? whatever his ultimate objective is. Cut With either of these options we must off his oil and you are going to get his SENATE RESOLUTION 176—PRO- address the reality that we do not have attention. CLAIMING ‘‘NATIONAL CHAR- ACTER COUNTS WEEK’’ the multilateral coalition which in- f cluded our Arab neighbors that we had Mr. DOMENICI (for himself, Mr. SENATE CONCURRENT RESOLU- when the Bush administration initi- DODD, Mr. COCHRAN, Ms. MIKULSKI, Mr. TION 77—RELATIVE TO THE FED- ated Desert Storm. I think it is unfor- BENNETT, Mr. LIEBERMAN, Mr. KEMP- ERAL GOVERNMENT tunate that this administration has THORNE, Mr. DORGAN, Mr. FRIST, and not maintained that coalition. So now Mr. SESSIONS submitted the fol- Mr. CLELAND) submitted the following we are pretty much alone. Great Brit- lowing concurrent resolution; which resolution; which was referred to the ain, Canada and Australia are with us, was referred to the Committee on Committee on the Judiciary: and for that we are grateful, but from Labor and Human Resources: S. RES. 176 there on it gets pretty lonesome. S. CON. RES. 77 Going it alone or going it with oth- Whereas studies have found that quality Whereas young people will be the stewards ers, we still must talk about the end child care, particularly for infants and young of our communities, Nation, and world in game. If Saddam Hussein survives, do children, requires a sensitive, interactive, critical times, and the present and future we continue these same efforts in an- loving, and consistent caregiver; well-being of our society requires an in- other few years? Are we going to give Whereas most parents meet and exceed the volved, caring citizenry with good character; Saddam Hussein carte blanche in his aforementioned criteria, circumstances al- Whereas concerns about the character ability to recover? Because he will re- lowing, parental care marks the best form of training of children have taken on a new cover by selling oil. That is what he child care; sense of urgency as violence by and against Whereas the recent National Institute for youth threatens the physical and psycho- has. Child Health and Development study found logical well-being of the Nation; Saddam Hussein has been able to that the greatest factor in the development Whereas more than ever, children need generate roughly $1 billion per quarter of a young child is ‘‘what is happening at strong and constructive guidance from their from the sale of oil. There is informa- home and in families’’; families and their communities, including tion—and unfortunately I can’t reveal Whereas a child’s interaction with his or schools, youth organizations, religious insti- some of the information because it is her parents has the most significant impact tutions, and civic groups; classified—concerning the large on their development, any Federal child care Whereas the character of a nation is only amount of illegal oil that is flowing policy should enable and encourage parents as strong as the character of its individual to spend more time with their children; citizens; out of Iraq. And we are not able to stop Whereas 48 percent of mothers with pre- Whereas the public good is advanced when this flow both because there are not school children under the age of 5 are full- young people are taught the importance of enough multilateral intervention force time at-home parents and another 34 percent good character and that character counts in (MIF) vessels in the area and because of mothers work part-time in order to spend personal relationships, in school, and in the the rules of engagement under which more time with their preschool children; workplace; the MIF forces operate don’t allow Whereas a large number of low- and mid- Whereas scholars and educators agree that them to stop such illegal movement. dle-income families sacrifice a second full- people do not automatically develop good It is these illegal sales that are pri- time income so that the mother may be at character and, therefore, conscientious ef- marily fueling Iraq’s economy. Mr. home with her child; forts must be made by institutions and indi- Whereas the average income of 2-parent viduals that influence youth to help young President, it simply makes sense to families with a single income is $20,000 less people develop the essential traits and char- this Senator to recognize that oil is the than the average income of 2-parent families acteristics that comprise good character; lifeblood of Iraq. We need to shut off with two incomes; Whereas although character development this lifeblood, maybe through a com- Whereas only 30 percent of preschool chil- is, first and foremost, an obligation of fami- bination of increased enforcement of dren are in paid child care and the remaining lies, the efforts of faith communities, the embargo and jawboning some of 70 percent of preschool children are in fami- schools, and youth, civic, and human service our allies who are purchasing Iraq’s oil. lies that do not pay for child care, many of organizations also play a very important Perhaps we need to go further, and con- which are low- to middle-income families role in supporting family efforts by fostering struggling to provide child care at home; and promoting good character; sider the merits of a maritime block- Whereas child care proposals should not Whereas the Senate encourages students, ade of some sort. A blockade certainly provide financial assistance solely to the 30 teachers, parents, youth, and community is not an unreasonable alternative percent of families that pay for child care leaders to recognize the valuable role our when you consider that we might ini- and should not discriminate against families youth play in the present and future of our

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S773 Nation and to recognize that character is an in these years, to help our teachers—be sponsibility’’ had been the subject mat- important part of that future; they in private or public schools—talk ter in that school for one month. The Whereas in July 1992, the Aspen Declara- to students and teach them about these way a significant number of schools do tion was written by an eminent group of edu- six pillars, it is obvious that these are it is take one pillar a month. Teach ev- cators, youth leaders, and ethics scholars for the purpose of articulating a coherent frame- basic concepts, basic ideas that hardly erything else you teach, but also in- work for character education appropriate to anyone in America would disagree clude the word of the month in these a diverse and pluralistic society; with. That is not to say that anybody classes. You would have walked into Whereas the Aspen Declaration states, ‘‘Ef- is preaching, but would we not like our that grade school and seen the walls fective character education is based on core children to learn the value of honesty? plastered with signs and pictures the ethical values which form the foundation of That is what trustworthiness is. Would students had drawn about the word of democratic society.’’; we not like our young children and the month, such as the word responsi- Whereas the core ethical values identified even our business community to be bility. You could then go to an assem- by the Aspen Declaration constitute the 6 core elements of character; cognizant of and practice respect? And bly where all the little children with Whereas the 6 core elements of character would we not want, as our children their teachers talked about responsi- are trustworthiness, respect, responsibility, grow and as people begin to understand bility for about an hour and gave fairness, caring, and citizenship; what holds a country together, would awards where young people said that is Whereas the 6 core elements of character we not want responsibility to become the most responsible student in the transcend cultural, religious, and socio- part of the vocabulary of every child, class and this is what he or she did. It economic differences; every young person? is rather exciting. Whereas the Aspen Declaration states, I can go through all six, and I can Now, frankly, it is not the business of ‘‘The character and conduct of our youth re- find different words to express each of flect the character and conduct of society; any State Department of Education, If therefore, every adult has the responsibility the six. It is obvious, however, if you character education is going to be to teach and model the core ethical values move throughout the State of New done, each school has to desire to do it and every social institution has the responsi- Mexico or the State of Georgia—I note along with the principal, teachers, and bility to promote the development of good my good friend, Senator CLELAND is parents. character.’’; here—if you ask a group of people from Needless to say, people ask, is it Whereas the Senate encourages individuals all walks of life, various religions, var- and organizations, especially those who have working? Frankly, I can’t stand here ious degrees of faith, even agnostics: and tell you I am absolutely certain of an interest in the education and training of ‘‘Do you object to our young people our youth, to adopt the 6 core elements of all the positive aspects, but I can tell character as intrinsic to the well-being of in- learning trustworthiness, respect, re- you that we are beginning to get more dividuals, communities, and society as a sponsibility, fairness, caring, citizen- than anecdotal information from whole; and ship?’’, you rarely get a negative re- schools that have been doing it for 2 or Whereas the Senate encourages commu- sponse. 3 years. They note that there is a no- nities, especially schools and youth organi- Now, this six pillars-character ap- ticeable change in behavior and rela- zations, to integrate the 6 core elements of proach is spreading throughout our character into programs serving students tionship of children to children and, in- country, and those who came up with deed, of teachers to children. Many and children: Now, therefore, be it the idea and the foundation which has Resolved, That the Senate— would claim, indeed, that this does (1) proclaims the week of October 18 the right to use these pillars of char- more for changing the character of our through October 24, 1998, as ‘‘National Char- acter do not intend to impose from on country in the right direction than al- acter Counts Week’’; and high; rather they ask that individuals, most anything that is going on out (2) requests that the President issue a schools, leaders, organizations such as there except the organized activity of proclamation calling upon the people of the the Boy Scouts, NFL player groups, United States and interested groups to em- the faith people of the country as they adopt these six pillars and then do proceed with their faith-filled lessons. brace the 6 core elements of character and to something about them. observe the week with appropriate cere- I would be less than honest if I did In our State we are now experi- monies and activities. not tell you the place these six pillars menting with the very first group of NATIONAL CHARACTER COUNTS WEEK are spreading most rapidly is the right businessmen who are trying to incul- Mr. DOMENICI. Mr. President, fellow place—in the schools. Teachers are ex- cate the six pillars of character, in an Senators, today, for the fifth consecu- cited, believe it or not. Some have ex- institutional way, into their busi- tive year I am going to submit a reso- pressed to me they are now permitted nesses. They are going to try to see if lution on behalf of myself, Senators to do what they always thought they they can incorporate these values as a DODD, COCHRAN, BENNETT, LIEBERMAN, should do but because we got all mixed part of the life of a business, the life of MIKULSKI, KEMPTHORNE, DORGAN, up in terms of what you couldn’t do in the employees, and all of their rela- FRIST, and CLELAND. This resolution a classroom, these kind of lessons were tionships to the public. They hope that that we have introduced 5 consecutive left out. It now seems that without these values will then be passed on to years sets aside the week of October 18– much objection, many school boards others, if indeed, it has a measure of 24 of this year for what we call Na- have said let’s do it. Teachers are try- success. tional Character Counts Week. ing to permeate the halls, the class- Now, we are not unique. I happened About 61⁄2 years ago, a very distin- rooms, the meeting rooms and the to put the resolution in the Senate 5 guished group of Americans from all minds of young people with these six years ago and asked ten Senators to walks of life met for 3 or 4 days to talk pillars. join me. Former Senator Sam Nunn about the character of America and the I will in my prepared remarks talk was one of the original ten. His suc- character of American people and de- just a little bit about my State, the cessor, Senator MAX CLELAND, has cided after 3 days of debate that there State of New Mexico. We organized joined us now as an original sponsor. were, in fact, six pillars of character. If partnerships with a number of mayors, He is here now in the chamber, and I these pillars could permeate our soci- the Governor joined, and we have now will yield to him in a few minutes. ety and our children, we would all be about 90 percent of all the school- I in no way stand here suggesting better for it, America would be better children in the State of New Mexico, that there are not many better exam- for it and, most of all, our lives would parochial and private, that are exposed ples than my State of New Mexico. be better for it. and taught and work with these six pil- There probably are. I just feel very These six pillars were determined at lars—not some other words that de- good every now and then, once a year, that point in time and they have re- scribe it—these six words. to tell the Senate a few exciting stories mained ever since as trustworthiness, So there is a commonality now of about what is going on in our State in respect, responsibility, fairness, caring, usage of words. A commonality of ex- this regard. In the prepared remarks I and citizenship. They are referred to as amples that are used. Mr. President, cite many other examples of how the the six pillars of character. you might have been thrilled to go to a six pillars are working and how the Mr. President and fellow Senators, grade school in New Mexico with me on public is responding and how tele- when one looks at what has developed a given day when the pillar called ‘‘re- visions and radio stations help promote

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S774 CONGRESSIONAL RECORD — SENATE February 12, 1998 these pillars. They are now kind of tions to ensure the entire family is as- be safe once again. If you respect oth- common, ordinary language among the sisted, whether it is providing nutri- ers, respect is what you will get back.’’ people in the State of New Mexico. I tional advice or clothing to needy fam- Tyrel: Sometimes we forget that think that is all a very good start. ilies. In an effort to maximize commu- each and every day there are ways of This resolution will designate the nity involvement of adults and chil- practicing good character traits. Par- week of October 18–24, 1998, as National dren, the school children adopted the ents, teachers, civic and business orga- Character Counts Week, when individ- Veterans Memorial Park across the nizations, and community leaders are uals and organizations may observe street from the school as one of their responding with enthusiasm to this specifically their programs and activi- civic projects. They help maintain and fairly simple program of teaching and ties supporting character development. patrol the park, and since the project practicing the tenets of good character. All of us who have been involved with began there have been no problems Creative community programs are character education programs know with graffiti. developed so the messages are not con- about the extraordinary growth of Emerson Elementary has become a fined to the classrooms but are shared these efforts across the country. Re- virtual community center in this area by all citizens. In Albuquerque, a new gardless of our support here in Wash- of the city and a true haven for the program Character Counts in the ington, the development of character children and their parents. Principal Workplace is designed to apply the Six programs the grassroots level has been Linda Torres believes that among all Pillars to workplace ethics. In Lea the most exciting. Good character can the conflicts that need addressing or County, the Character Counts Board of be endorsed and supported by Govern- resolving within the school and in the Directors meets monthly to coordinate ment, but it is families, schools, and community, it is clear that the values activities, with each community inde- communities that make the real dif- that reside ‘‘inside a person’’ are as pendently expanding its Character ference. critical as anything the school at- Counts message through its local fes- Over the past 4 years since we initi- tempts to provide. In summarizing the tivities, service clubs, and schools. In ated community-based Character success of Character Counts, Principal Roswell, the Future Homemakers of Counts programs in New Mexico, the Torres says, ‘‘the community gives America of Sierra Middle School, using public and private schools in the State back to the school and the school gives the lessons learned about caring, as- have incorporated the Character back to the community—it’s not just a sisted students at Valley View Elemen- Counts message in most of the State’s situation of taking, it’s the concept of tary School with holiday crafts schools. Almost 200,000 students are re- giving that makes a difference.’’ projects. ceiving instruction and are involved in In another New Mexico community In April, the State of New Mexico activities that promote the Six Pillars far to the south of Albuquerque near will host the National Character of Character: Trustworthiness, Re- the Texas border is a medium-sized Counts Conference, followed by 2 days spect, Responsibility, Fairness, Caring, town, Las Cruces, that has embraced of its own State Conference. Just a and Citizenship. Whether the Six Pil- Character Counts in both its private quick review of a few of the planned lars appear on billboards, on town and public schools, and within the com- meetings at the New Mexico Con- waterbills, or are incorporated into a munity itself. ference tells us of the variety of pro- school’s curriculum, the message of As an example, the Las Cruces Uni- grams being developed throughout the good character permeates the commu- versity Hills Elementary School sends State: the Police Role in Community nity. parents regularly scheduled commu- Character Counts Programs; Join-A- The six simple words are not just nications and newsletters explaining School Projects—What to Do; Char- words in a vocabulary. They are con- new Character Counts initiatives. Each acter Counts in the Workplace; At-Risk cepts that have meaning to children month the school focuses on one of the Youth and Character Counts; School and adults alike, resulting in tangible six pillars with a school-wide assembly and Community Youth Athletics; and actions that change for the better how to kick off each new pillar. Teachers Parenting for Character Development. they relate to and interact with one include the words in lessons through- These sessions clearly show how broad- another. Today, I would like mention out the school day, each day of the ly-based the Character Counts activi- just a couple of examples of how the month. The students are urged to dis- ties have become throughout the State. Character Counts efforts in New Mex- cuss their experiences and how the con- When we first introduced the Na- ico are changing the daily lives of its cepts relate to their daily lives. The tional Character Counts Week resolu- citizens for the better. school’s monthly newsletters report tion in 1994, I doubt we could have en- I would like to recount one of the how students identify with the various visioned how quickly parents, teachers, most inspiring Character Counts initia- pillars. schools, towns, cities, and civic organi- tives I have seen in New Mexico. It is I believe the children’s own words zations would develop programs to ad- about Emerson Elementary School in best express how they apply the Char- dress the issue of character building. It Albuquerque. The school has 800 stu- acter Counts concepts to their daily has universal appeal, and it has dents speaking more than 11 languages. lives: touched the lives of millions of our The school is located in a densely popu- ‘‘Citizenship is caring about our citizens. The ‘‘crisis in character’’ is lated, culturally diverse and highly country and other people*** Make being addressed by America’s citizens, mobile area, with a 98.5 percent pov- the community a better place by clean- at the local level, where it matters erty rating. Many refer to this area of ing the environment and taking care of most. I am very proud to be a part of the city as a ‘‘war zone’’ because of its it. Take care of nature, animals, this effort. Practicing the principles of high crime rate. The challenges facing plants, and land. Be a nice neighbor.’’ good character pays enormous divi- the school administration, teachers, Jammal: ‘‘In our group respect dends not only to each of us personally and its Principal Linda Torres far ex- means treating one another equally, but to countless generations in the fu- ceed those of most schools; its aca- even if they are not good looking, ture. demic challenges are as great as the handicapped, or if they’re slow. Show- Mr. CLELAND. Mr. President, I community’s social challenges. ing respect means not being bossy and thank the distinguished Senator from The Character Counts program at treating people fairly. I respect people New Mexico, Senator DOMENICI, my Emerson Elementary was initiated as a for what they are, and all their dif- personal friend and dear colleague, for total Social Skills Curriculum, with ferent abilities. When I show respect, I his character and especially his cour- the Six Pillars integrated into all its am kind and polite to people. My way age in putting forward this resolution daily classes and reinforced with var- of showing respect is by manners and and in taking the leadership in making ious activities to reward the students helping others.’’ sure that this resolution is enacted. I for good behavior. At the same time, Brenna, Karina, Christopher, Spencer am honored to be a cosponsor of the the school utilizes a human services and Shoji: ‘‘If you want to be a respect- National Character Council Week reso- collaborative support program for the ful person, then it’s a good time to lution. 500 families associated with the school. start knowing about respect and be one Mr. President, the stories and statis- It works with social service organiza- to the end. Be polite and the world will tics are painfully familiar; we have all

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S775 heard them—children having children, told that he had but a few minutes to as teachers and parents, are responding young boys joining gangs out of a need write a letter to his family. The impli- enthusiastically to these lessons, and to belong, children as young as 9 years cation was that he was to be executed the result has been better attendance, old smoking marijuana or shooting up shortly. The general’s letter was brief higher academic performance, and im- heroin or inhaling freon from the living and to the point: ‘‘Tell Bill,’’ he wrote, proved behavior among our students. room air conditioner just to find a ‘‘the word is integrity.’’ Character education may be a rel- high. The word is indeed integrity, Mr. atively new initiative, but these pro- Now the latest figures are in from President. As our resolution states, grams are already reaching 100,000 stu- the Department of Justice: 25,000 juve- ‘‘the character of a nation is only as dents in the State of Connecticut niles murdered between 1985 and 1995. strong as the character of its indi- alone. And character education is not Half of all high school students who vidual citizens.’’ If this is so, Mr. Presi- only making a difference in my home carry a weapon take that weapon to dent—and I hope it is and I think it State, but all over the country as school. Juvenile arrestees are now will be—the future of this country will many of my colleagues can confirm. more likely, according to the Depart- be in very good hands. Theodore Roosevelt once said, ‘‘To ment of Justice, than adult arrestees Mr. DODD. Mr. President, I am educate a person’s mind and not his to have used a gun in committing a pleased this morning to join with the character is to educate a menace.’’ It is crime. distinguished Senator from New Mex- imperative that we build a society James Agee once said, ‘‘In every ico and a group of my colleagues in co- whose institutions will help support a child who is born, under no matter sponsoring this Senate Resolution des- strong ethical upbringing for our chil- what circumstances * * * the poten- ignating October 18th through 24th as dren, and character education should tiality of the human race is born National Character Counts Week. be a critical component of our efforts again.’’ Nothing that we do in this country to reach that goal. Mr. President, how many times have will have a more direct impact on our Again, I commend my friend and col- we heard that our children are the fu- collective future than how we educate league from New Mexico for all of his ture of our country? I believe that our our children. And as the face of our so- work in this area. And I invite all my highest obligation is, and our biggest ciety changes, and children are faced colleagues from both sides of the aisle challenge is, with the children of with modern problems like illegal drug to join us in supporting National Char- America. We can work together to help use and violence, we should look at acter Counts week and embracing char- ensure that all children will start ways to expand our traditional defini- acter education as a vital means of school ready to learn. We can pool our tion of education. We must recognize molding better individual, strength- efforts—parents, teachers, community that education should be more than the ening families and creating a respon- leaders, and elected officials—to enable transmission off acts. It ought to be sible American citizenry. our students to be first in the world of more than the relaying of concepts. Mr. COCHRAN. Mr. President, I am scientific and academic achievement. Education should also seek to develop proud to join Senator DOMENICI in sponsoring the 1998 Character Counts But I believe the greatest gift and most the moral character of our children. Week resolution. As an original mem- effective tool we can give to our chil- Schools need to reinforce the lessons ber of the Character Counts Coalition dren is to instill in them, from the be- that children are taught at home. Edu- here in the United States Senate, it ginning, the values and beliefs which cation must help teach young people has been my honor to cosponsor Char- mold their character. Character is the what they need to know to be good acter Counts Week every year since essential building block in each young- citizens in our society. Strengthening 1994. ster’s journey to become a responsible, the mind is not enough. We must also In the past we learned the Golden moral adult. nurture the character. Rule and were taught how to act by our That is why so many of us in the Sen- George Matthew Adams once said: parents and teachers or at Sunday ate come to the Floor each year to There is no such thing as a ‘‘self-made’’ School, and the community helped re- man. We are made up of thousands of others. speak in support of character edu- inforce acceptable conduct. Today, be- Everyone who has ever done a kind deed for cation in our schools. We believe that cause there are so many who don’t us, or spoken one word of encouragement to it is entirely appropriate for schools to us, has entered into the makeup of our char- have a chance to grow up in that kind instruct students on the importance of of environment, we must develop alter- acter, and of our thoughts, as well as our qualities like trustworthiness, respect, success. native ways of teaching and learning responsibility, fairness, caring, and how to behave in a free society. Robert Kennedy credited his father citizenship. This is not a substitute for with shaping his beliefs about what the Former United States Deputy Under disciplined instruction in reading, Secretary of Education, Dr. Peter R. definition of true character is. He said: math, composition, and other subjects. He has called on the best that was in us. Greer, wrote an article, called ‘‘Teach- This is simply an effort to instill in our ing Virtue,’’ published in Education There was no such thing as half-trying. young people the values that we cher- Whether it was running a race or catching a Week, February 4, 1998. In his article, football, or competing in school, we were to ish in a civil society. he describes his experiences in devel- try. We might not be the best, and none of us I have been working on character oping effective curriculum for teaching were, but we were to make the best effort to education issues for about 5 years now, ethics and character in kindergarten be the best. and all of my experiences with this ini- through grade twelve. He found that For Ronald Reagan, it was his moth- tiative have reinforced my belief that one of the most troublesome aspects er, Nelle, who was his source of inspira- this is a good idea that can have a posi- for teachers to overcome was their re- tion. He said about his mother: tive impact in the lives of our children. luctance to identify right and wrong. My mother, God rest her soul, had an In 1994, I Introduced a character edu- He also found that teaching virtues had unshakable faith in God’s goodness. And cation amendment to the elementary to be a school-wide and a community- while I may not have realized it in my and secondary education bill when it wide commitment. youth, I know now that she planted that was being considered by the Labor The Character Counts! Coalition faith very deeply in me. Committee. This amendment was began as an effort to put values edu- Mr. President, I urge my colleagues adopted, and it provided funding for cation at the top of the national agen- to support this resolution. It calls on schools to start character education da. The values are called ‘‘Pillars of our citizens and communities to teach curriculums. Character,’’ and they are: trust- and promote the core elements of char- Over the past few years, I have had worthiness, respect, responsibility, acter: trustworthiness, respect, respon- the pleasure of visiting schools in Con- fairness, caring, and citizenship. sibility, fairness, caring and citizen- necticut that have received some of The core elements of good character ship. these funds and begun teaching char- reflect a consensus that was reached by Decades ago, during the war in acter education. In each and every eminent and diverse educators and Korea, one of our generals was cap- classroom, I have seen the positive im- youth leaders who thought the pillars tured by the Communists. He was pact that these programs are having in would be widely understood, accepted taken to an isolated prison camp and our children’s lives. Children, as well and effective.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S776 CONGRESSIONAL RECORD — SENATE February 12, 1998 The Coalition is made up of over 180- adults. But character must be taught. worthiness, respect, responsibility, jus- member organizations who collectively It is our responsibility to teach char- tice and fairness, caring, civic virtue, pursue the goal of teaching that char- acter to children. and citizenship—which National Char- acter does count and is essential for In this day and age of juvenile crime, acter Counts Week highlights. We need our nation’s survival and success. In- particularly crime in schools, a re- to regain these qualities in our commu- cluded in this group are the American newed commitment to character edu- nities, in our families, and in the devel- Association of School Administrators, cation is even more important for our opment of our own lives. American Red Cross, Boys and Girls society. Mr. President, as we watch our chil- Clubs of America, Little League Base- Character development should be dren blossom into the leaders of the fu- ball, 4–H, National Honor Society and taught along with other core academic ture it is my hope that each and every many regional and community-based subjects. The state of Maryland has en- one of them will be able to look up to organizations. They are all working to courage the inclusion of character edu- individuals who epitomize the values build awareness of the pillars of char- cation in schools. I support this ap- and attributes that are represented by acter and to encourage their teaching proach. National Character Counts Week. I am ‘‘from the family room to the school There are six pillars of character: proud to stand with my fellow col- room to the locker room.’’ trustworthiness, respect, responsi- leagues today, to discuss the impor- In my state of Mississippi, Ocean bility, fairness, caring, and citizenship. tance of having genuine character. The Springs is a Character Counts Commu- These are values that last a lifetime. simple step of raising awareness of the nity. The Chamber of Commerce spon- Our country was built on the founda- value of good character can have a sors programs that stress the impor- tion of virtue and value. These are the powerful and long lasting impact. In tance of making good character traits ties that bind and the habits of the the words of President Ronald Reagan, an intrinsic part of the lives of stu- heart. Character encourages self-re- ‘‘They say the world has become far dents, teachers, administrators, and spect and the respect of others. too complex for simple answers. They citizens. I believe in supporting character edu- are wrong. There are no easy answers, The Ocean Springs Character Counts cation as much as possible. In making but there are simple answers. We must Business Club members display Char- sure that character counts, we will cre- have the courage to do what we know acter Counts stickers in their windows ate the habits of the mind and the hab- is morally right.’’ and help raise funds for the Chamber of its of the heart that will be the social Mr. President, I believe by standing Commerce. Each year, those funds are glue that will hold our society to- before you today, the supporters of Na- used for programs and materials to gether. tional Character Counts Week are tak- train teachers in the Ocean Springs I urge my colleagues to support this ing the initial step in accomplishing public schools on better ways to incor- bipartisan resolution. I believe in sup- what is morally right. We are, however, porate character education into their port for character education. It is even only a single piece in the puzzle. My regular curriculum. more crucial as we enter the next cen- colleagues and I, along with civic orga- The programs are designed for repeti- tury. nizations around the Nation, are only tion and emphasize action and behav- Mr. KEMPTHORNE. Mr. President, I emissaries of a message. The true fun- ior. Youngsters are encouraged to ex- rise today to express my strong support damental values that will instill char- press their thoughts about character for the National Character Counts acter in our children must begin at through essays, poems, songs, artwork, week resolutions submitted by my es- home. No amount of moral instruction posters or videos. teemed colleague, Senator DOMENICI. I from outside the home can replace the I am very proud of the people of have cosponsored similar resolutions guidance of a loving and supportive Ocean Springs, Mississippi. They un- for the past 4 years and am honored to family. derstand that teaching good character have the opportunity to do so again Recognizing a national week to begins at home, but it must be rein- this year. stress the importance of character is forced at school and by the entire com- I stand before you today, because but a small step in addressing the cri- munity. children and adults alike are con- sis of ethics the Nation faces. At the Character Counts! Week is October stantly being bombarded by violence, same time, it is an important step 18–24 this year. I hope that commu- profanity, and immorality, both which I believe all of us should support. nities will use this as a time for new through the media and in every day I would like to thank Senator DOMENICI and renewed commitments to char- life. This onslaught of negative images for his continued leadership on Na- acter education. and expressions has expanded the issue tional Character Counts Week, and If we all practiced what Character of character from a casual concern to a urge my colleagues to cosponsor the Counts teaches, America would be bet- matter of considerable social impor- resolution. ter indeed. f Ms. MIKULSKY. Mr. President, I rise tance. During my tenure in the Senate today in support of the resolution sub- it has been my goal, and the goal of SENATE RESOLUTION 177— mitted by my colleague Senator many of my colleagues, to raise aware- RELATIVE TO PRISONERS OF WAR ness of the importance of raising our DOMENICI to designate October 18 Mr. COVERDELL (for himself, Mr. younger generations in an atmosphere through October 24, 1998 as ‘‘National CLELAND, Mr. SMITH of New Hampshire, of strong principles. I can think of few Character Counts Week.’’ Mr. LOTT, Mr. HAGEL, and Ms. things we could do to better achieve I have cosponsored this resolution for MOSELEY-BRAUN) submitted the fol- this goal than to bring the attributes the past four years and I am honored to lowing resolution; which was consid- of good character to a level that will be do so again this year. ered: admired by our children. If, through Character is an increasingly impor- S. RES. 177 tant issue in our society. I believe our own actions, we demonstrate the value, and indeed the necessity, of good Whereas participation by the United character counts. It counts in our States Armed Forces in combat operations homes, our schools, and our neighbor- character, we may help turn future in Southeast Asia during the period from hoods. generations away from the all too 1964 through 1972 resulted in several hun- I believe character is the foundation often glamorized visions of unscrupu- dreds of members of the United States of our society and will continue to be lous activities. Armed Forces being taken prisoner by North into the next century. I have been con- As a father, I am concerned that the Vietnamese, Pathet Lao, and Viet Cong cerned that we have gone from being a role models our nation’s children seek enemy forces; progressive society to being a permis- for leadership and guidance do not ex- Whereas the first such United States serv- iceman taken as a prisoner of war, Navy Lt. sive society. emplify the integrity and character that most parents would condone. As Commander Everett Alvarez, was captured Character shapes how we behave in on August 5, 1964; our families, in our own communities, an elected leader, I believe it is my job, Whereas following the Paris Peace Accords and in our own workplaces. and the obligation of my colleagues, to of January 1973, 591 United States prisoners Character education helps our chil- take an initial step to reinvigorate the of war were released from captivity by North dren grow into responsible and caring attributes of character—trust- Vietnam;

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S777 Whereas the return of these prisoners of Whereas, by the privileges of the Senate of ‘‘ ‘(2) any allocation, price control, or simi- war to United States control and to their the United States and Rule XI of the Stand- lar program with respect to petroleum prod- families and comrades was designated Oper- ing Rules of the Senate, no evidence under ucts under this Act.’; ation Homecoming; the control or in the possession of the Senate ‘‘(F) in subsection (k) by amending para- Whereas many members of the United may, by the judicial process, be taken from graph (2) to read as follows— States Armed Forces who were taken pris- such control or possession but by permission ‘‘ ‘(2) The term ‘international emergency oner as a result of ground or aerial combat of the Senate; response provisions’ means— in Southeast Asia have not returned to their Whereas, pursuant to sections 703(a) and ‘‘ ‘(A) the provisions of the international loved ones and their whereabouts remain un- 704(a)(2) of the Ethics in Government Act of energy program which relate to inter- known; 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the national allocation of petroleum products Whereas United States prisoners of war in Senate may direct its counsel to represent and to the information system provided in Southeast Asia were routinely subjected to employees of the Senate with respect to any the program, and brutal mistreatment, including beatings, subpoena, order, or request for evidence re- ‘‘ ‘(B) the emergency response measures torture, starvation, and denial of medical at- lating to their official responsibilities; adopted by the Governing Board of the Inter- tention; Whereas, when it appears that evidence national Energy Agency (including the July Whereas United States prisoners of war in under the control or in the possession of the 11, 1984, decision by the Governing Board on Southeast Asia were held in a number of fa- Senate may promote the administration of ‘Stocks and Supply Disruptions’) for— cilities, the most notorious of which was Hoa justice, the Senate will take such action as ‘‘ ‘(i) the coordinated drawdown of stocks Loa Prison in downtown Hanoi, dubbed the will promote the ends of justice consistently of petroleum products held or controlled by ‘‘Hanoi Hilton’’ by the prisoners held there; with the privileges of the Senate: Now, governments; and Whereas the hundreds of United States therefore, be it ‘‘ ‘(ii) complementary actions taken by prisoners or war held in the Hanoi Hilton and Resolved, That the offices of Senator Byrd governments during an existing or impend- other facilities persevered under terrible and Senator Rockefeller are authorized to ing international oil supply disruption.’; and conditions; produce documents in the case of United ‘‘(G) by amending subsection (l) to read as Whereas the prisoners were frequently iso- States f.u.b.o. Kimberly Industries v. Trafalgar follows— lated from each other and prohibited from House Construction, except concerning mat- ‘‘ ‘(l) The antitrust defense under sub- speaking to each other; ters for which a privilege or objection should section (f) shall not extend to the inter- Whereas the prisoners nevertheless, at be asserted. national allocation of petroleum products great personal risk, devised a means to com- SEC. 2. That the Senate Legal Counsel is unless allocation is required by chapters III municate with each other through a code authorized to represent employees of Sen- and IV of the international energy program transmitted by tapping on cell walls; ator Byrd and Senator Rockefeller in con- during an international energy supply emer- Whereas then-Commander James B. nection with any subpoena or request for gency.’; and Stockdale, United States Navy, who upon his documents or testimony in United States ‘‘ ‘(5) in section 281 (42 U.S.C. 6285) by strik- capture on September 9, 1965, became the f.u.b.o. Kimberly Industries v. Trafalgar House ing ‘1997’ both places it appears and inserting senior POW officer present in the Hanoi Hil- Construction. in lieu thereof ‘1999’. ton, delivered to his men a message that was ‘‘(6) at the end of section 154 by adding the to sustain them during their ordeal, as fol- f following new subsection: lows: Remember, you are Americans. With ‘‘ ‘(f)(1) The drawdown and distribution of faith in God, trust in one another, and devo- AMENDMENTS SUBMITTED petroleum products from the Strategic Pe- tion to your country, you will overcome. troleum Reserve is authorized only under You will triumph.; section 161 of this Act, and drawndown and Whereas the men held as prisoners of war THE ENERGY POLICY AND CON- distribution of petroleum products for pur- during the Vietnam conflict truly represent SERVATION ACT PROVISIONS EX- poses other than those described in section all that is best about America; TENSION ACT 161 of this Act shall be prohibited. Whereas two of these patriots, Congress- man Sam Johnson, of Texas, and Senator ‘‘ ‘(2) In the Secretary’s annual budget sub- mission, the Secretary shall request funds John McCain, of Arizona, have continued to MURKOWSKI AMENDMENT NO. 1645 honor the Nation with devoted service; and for acquisition, transportation, and injection Whereas the Nation owes a debt of grati- Mr. COVERDELL (for Mr. MUR- of petroleum products for storage in the Re- serve. If no request for funds is made, the tude to all of these patriots for their courage KOWSKI) proposed an amendment to the and exemplary service: Now, therefore, be it Secretary shall provide a written expla- bill (H.R. 2472) to extend certain pro- nation of the reason therefor.’.’’ Resolved, That the Senate— grams under the Energy Policy and (1) expresses its gratitude for, and calls upon all Americans to reflect upon and show Conservation Act; as follows: f their gratitude for, the courage and sacrifice In lieu of the matter proposed to be in- of the brave men who were held as prisoners serted insert the following: NOTICE OF HEARING of war during the Vietnam conflict, particu- ‘‘SECTION 1. ENERGY POLICY AND CONSERVA- larly on the occasion of the 25th anniversary TION ACT AMENDMENTS. COMMITTEE ON ENERGY AND NATURAL of Operation Homecoming, their return from ‘‘The Energy Policy and Conservation Act RESOURCES captivity; and is amended— Mr. MURKOWSKI. Mr. President, I (2) acting on behalf of all Americans— ‘‘(1) in section 166 (42 U.S.C. 6246) by strik- would like to announce for the public (A) will not forget that more than 2,000 ing ‘1997’ and inserting in lieu thereof ‘1999’; that several hearings have been sched- members of the United States Armed Forces ‘‘(2) in section 181 (42 U.S.C. 6251) by strik- uled before the Full energy and Nat- remain unaccounted for from the Vietnam ing ‘1997’ both places it appears and inserting ural Resources Committee to consider conflict; and in lieu thereof ‘1999’; the President’s proposed FY 1999 budg- (B) will continue to press for the fullest ‘‘(3) by striking ‘section 252(l)(1)’ in section possible accounting for such members. 251(e)(1) (42 U.S.C. 6271(e)(1)) and inserting et. f ‘section 252(k)(1)’; The Committee will hear testimony ‘‘(4) in section 252 (42 U.S.C. 6272)— from the following: SENATE RESOLUTION 178—TO AU- ‘‘(A) in subsections (a)(1) and (b), by strik- 1. The Forest Service on Tuesday, THORIZE THE PRODUCTION OF ing ‘allocation and information provisions of March 3, 1998, beginning at 9:30 A.M. in SENATE DOCUMENTS AND REP- the international energy program’ and in- room SD–366 of the Dirksen Senate Of- RESENTATION BY THE SENATE serting ‘international emergency response fice Building in Washington, D.C. LEGAL COUNSEL provisions’; 2. The Department of Energy on ‘‘(B) in subsection (d)(3), by striking Mr. LOTT (for himself and Mr. ‘known’ and inserting after ‘circumstances’ Wednesday, March 4, 1998, beginning at DASCHLE) submitted the following reso- ‘known at the time of approval’; 10:00 A.M., in room SD–366 of the Dirk- lution; which was considered and ‘‘(C) in subsection (e)(2) by striking ‘shall’ sen Senate Office Building in Wash- agreed to: and inserting ‘may’; ington, D.C. S. RES. 178 ‘‘(D) in subsection (f)(2) by inserting ‘vol- 3. The Department of the Interior on Whereas, in the case of United States f.u.b.o. untary agreement or’ after ‘approved’; Thursday, March 5, 1998, beginning at Kimberly Industries v. Trafalgar House Con- ‘‘(E) by amending subsection (h) to read as 9:30 A.M. in room SD–366 of the Dirksen struction, Civil Case No. 97–0462, pending in follows— Senate Office Building in Washington, the United States District Court for the ‘‘ ‘(h) Section 708 of the Defense Production Southern District of West Virginia, docu- Act of 1950 shall not apply to any agreement D.C. ments have been requested from the offices or action undertaken for the purpose of de- For further information, please call of Senator Robert C. Byrd and Senator John veloping or carrying out— Betty Nevitt, Staff Assistant at (202) D. Rockefeller IV; ‘‘ ‘(1) the international energy program, or 224–0765.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S778 CONGRESSIONAL RECORD — SENATE February 12, 1998 AUTHORITY FOR COMMITTEES TO during the session on the Senate on amend the Antiquities Act regarding MEET Thursday, February 12, 1998, at 10:00 the establishment by the President of COMMITTEE ON ARMED SERVICES a.m. in room 226 of the Senate Dirksen certain national monuments. Office Building. The PRESIDING OFFICER. Without Mr. ALLARD. Mr. President, I ask The PRESIDING OFFICER. Without objection, it is so ordered. unanimous consent that the Com- objection, it is so ordered. mittee on Armed Services be author- f ized to meet on Thursday, February 12, COMMITTEE ON LABOR AND HUMAN RESOURCES ADDITIONAL STATEMENTS 1998, at 10:00 A.M. in open session, to Mr. ALLARD. Mr. President, I ask receive testimony on the Defense Au- unanimous consent that the Com- thorization request for fiscal year 1999 mittee on Labor and Human Resources NATIONAL DONOR DAY: and the future years defense plan. be authorized to meet for a hearing on FEBRUARY 14, 1998 The PRESIDING OFFICER. Without Education of the Deaf Act during the ∑ Mr. FRIST. Mr. President, Satur- objection, it is so ordered. session of the Senate on Thursday, day, February 14, has a special signifi- February 12, 1998, at 10:00 a.m. COMMITTEE ON COMMERCE, SCIENCE, AND cance: it is the first National Donor The PRESIDING OFFICER. Without TRANSPORTATION Day to promote the Five Points of Life, objection, it is so ordered. Mr. ALLARD. Mr. President, I ask gifts that we can give others to help unanimous consent that the Com- COMMITTEE ON SMALL BUSINESS save lives. The Five Points of Life are merce, Science, and Transportation Mr. ALLARD. Mr. President, I ask whole blood, platelets, bone marrow, Committee be authorized to meet on unanimous consent that the Com- umbilical cord blood, and organ/tissue Thursday, February 12, 1998, at 9:30 AM mittee on Small Business be authorized transplants; gifts of these valuable re- on the nomination of Winter Horton to to meet during the session of the Sen- sources have been responsible for sav- be a member of the Corporation for ate for a hearing entitled ‘‘IRS Reform: ing numerous lives. Public Broadcasting. What Taxpayers Need Now.’’ The hear- The National Donor Day was devel- The PRESIDING OFFICER. Without ing will be held on Thursday, February oped by a partnership of the Saturn objection, it is so ordered. 12, 1998, and will begin at 9:30 a.m. in Motor Company, one of the leading cor- room 428A of the Russell Senate Office COMMITTEE ON COMMERCE, SCIENCE, AND porations in my home state of Ten- TRANSPORTATION Building. nessee, and the United Auto Workers. Mr. ALLARD. Mr. President, I ask The PRESIDING OFFICER. Without The National Donor Day has the strong unanimous consent that the Com- objection, it is so ordered. support of the Department of Health merce, Science, and Transportation SUBCOMMITTEE ON AVIATION and Human Services and the enthusi- Committee be authorized to meet on Mr. ALLARD. Mr. President, I ask astic cooperation of other volunteer as- Thursday, February 12, 1998, at 10:00 unanimous consent that the Sub- sociations, such as the American Red AM (or immediately following) the 9:30 committee on Aviation be authorized Cross, America’s Blood Centers, Na- AM hearing) on S. 1422—FCC Satellite to meet on Thursday, February 12, 1998, tional Marrow Donor Program, Na- Carrier Oversight. at 2:00 p.m. on the Airport Improve- tional Minority Organ/Tissue Trans- The PRESIDING OFFICER. Without ment Program plant Education Program, the Trans- objection, it is so ordered. The PRESIDING OFFICER. Without plant Recipients International Organi- COMMITTEE ON FOREIGN RELATIONS objection, it is so ordered. zation, Coalition on Donation, and Ro- Mr. ALLARD. Mr. President, I ask SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC tary International. unanimous consent that the Com- PRESERVATION, AND RECREATION On National Donor Day, February 14, mittee on Foreign Relations be author- Mr. ALLARD. Mr. President, I ask all Saturn automobile dealerships will ized to meet during the session of the unanimous consent that the Sub- be participating in a program to pro- Senate on February 12, 1998 at 2:00 pm committee on National Parks, Historic mote donation of the Five Points of to hold a hearing. Preservation, and Recreation of the Life. Blood donor drives will be con- The PRESIDING OFFICER. Without Committee on Energy and Natural Re- ducted, and registration forms will be objection, it is so ordered. sources be granted permission to meet available to sign up as an organ donor during the session of the Senate on or bone marrow donor. COMMITTEE ON GOVERNMENTAL AFFAIRS Thursday, February 12, for purposes of This type of public/private partner- Mr. ALLARD. Mr. President, I ask conducting a subcommittee hearing ship is the key to solving the shortage unanimous consent on behalf of the which is scheduled to begin at 2:00 p.m. of donors. The stocks of whole blood Governmental Affairs Subcommittee The purpose of this hearing is to re- and platelets have to be constantly re- on Oversight of Government Manage- ceive testimony on S. 62, a bill to pro- placed so their life-saving components ment, Restructuring, and the District hibit further extension or establish- will be available to the millions who of Columbia, to meet on Thursday, ment of any national monument in use them. There are over 56,000 people February 12, 1998, at 9:00 a.m. for a Idaho without full public participation on the waiting list for organ trans- hearing on ‘‘Adoption and Foster Care and an express Act of Congress, and for plants, and ten die each day because Reforms in D.C.’’ other purposes; S. 477, a bill to amend organs are not available to save their The PRESIDING OFFICER. Without the Antiquities Act to require an Act lives. The National Marrow Donor Pro- objection, it is so ordered. of Congress and the consultation with gram has over 2.6 million people reg- COMMITTEE ON INDIAN AFFAIRS the Governor and State legislature istered, but still there are many people Mr. ALLARD. Mr. President, I ask prior to the establishment by the who need bone marrow donation who unanimous consent that the Senate President of national monuments in are unable to find a suitable match Committee on Indian Affairs be author- excess of 5,000 acres; S. 691, a bill to en- among these individuals. Medical ized to meet during the session of the sure that the public and the Congress science has developed ways to save peo- Senate on Thursday, February 12, 1998 have both the right and a reasonable ples’ lives by using these resources, but at 9:30 a.m. in room 485 of the Russell opportunity to participate in decisions unless everyone helps by offering the Senate Building to conduct a hearing that affect the use and management of gift of Five Points of Life, all the skills on the Indian provisions contained in all public lands owned or controlled by of our doctors and physicians are for the following Tobacco settlement legis- the Government of the United States nought. lation: S. 1414, S. 1415, and S. 1530. H.R. 901, an act to preserve the sov- In response to this need for the Five The PRESIDING OFFICER. Without ereignty of the United States over pub- Points of Life, people from all over the objection, it is so ordered. lic lands and acquired lands owned by country are stepping up to meet the COMMITTEE ON THE JUDICIARY the United States, and to preserve call. Tom Meredith from Nashville is a Mr. ALLARD. Mr. President, I ask State sovereignty and private property donor dad whose tragedy at the loss of unanimous consent that the Com- rights in non-Federal lands sur- two children was somewhat alleviated mittee on the Judiciary, be authorized rounding those public lands and ac- by the thought that their donated or- to hold an executive business meeting quired lands; and H.R. 1127, an act to gans benefitted 97 people. Dr. Kenneth

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S779 Moritsugu, an Assistant Surgeon Gen- is indebted to the National Guard for that occurred the summer of 1848 eral of the United States, is a donor its stellar performance in the recent should be remembered and treated as husband and donor dad who tells mov- past in helping communities deal with part of a historical connection. The im- ingly how organs donated by his wife crises ranging from flood waters to portance of Seneca Falls is key in the and daughter, who were killed in sepa- snow drifts. advancement of the rights of women in rate traffic accidents, brought life to I join all South Dakotans in wishing our nation and that is why I have also many others. our troops from Ellsworth Air Force joined with Senator MOYNIHAN in June Mr. President, this altruism in the Base and the South Dakota Air Na- 1997 to introduce a S. Con. Res. 35, urg- face of despair is a challenge to us all tional Guard a safe and successful com- ing the U.S. Postal Service to issue a to become donors and give a gift of the pletion of their mission as they protect commemorative postage stamp to cele- Five Points of Life. I only wish all of our interests overseas.∑ brate the 150th anniversary of the first you had the chance to see first-hand, as f Women’s Right Convention. I have, the look of joy on the face of a I am pleased to join Senator MOY- WOMEN’S RIGHTS NATIONAL child who, after receiving a transplant, NIHAN in this effort to preserve the his- HISTORIC TRAIL ACT no longer has to gasp for breath. As we torical significance of women’s rights give gifts of love to our spouses and ∑ Mr. D’AMATO. Mr. President, I rise in New York and I urge my colleagues sweethearts this Saturday, Valentine’s today with my friend and colleague, to join us in co-sponsoring this legisla- Day, let us promise to give another gift the senior Senator from New York, tion.∑ of love to others we may not even Senator MOYNIHAN to introduce the know, the greatest gift of all, the gift ‘‘Women’s Rights National Historic f of life.∑ Trail Act’’ which authorizes that the HARRY S. ASHMORE: COURAGEOUS f Secretary of the Interior study alter- JOURNALIST natives for establishing a national his- SOUTH DAKOTANS DEPLOYED TO toric trail to commemorate and inter- ∑ Mr. MOYNIHAN. Mr. President, the THE PERSIAN GULF pret the history of women’s rights. New revered journalist Harry Ashmore died ∑ Mr. JOHNSON. Mr. President, I York has that history. last month at the age of 81. He died one want to take this opportunity to thank In 1848, despite social, legal and eco- day after the day set aside to observe the brave South Dakotans who are part nomic constraints, the action of sev- Dr. Martin Luther King Jr.’s birthday of the latest deployment of American eral women from New York led to a and our nation’s bitter struggle for troops to the Persian Gulf. The men movement that would eventually pro- civil rights. Mr. Ashmore was a leader and women from Ellsworth Air Force vide freedom to women across this in the struggle to integrate schools in Base and the South Dakota Air Na- country and for generations to come. Little Rock, Arkansas. His writings tional Guard embody the spirit of all In Seneca Falls, 1848, the first Wom- helped deliver Americans peacefully Americans by assisting the inter- en’s Rights Convention was held lead- from unjust and oppressive laws. national effort to rid Iraq of nuclear ing the way for the 19th Amendment A native of Greenville, South Caro- and biological weapons. which granted women the right to lina, Mr. Ashmore was raised to revere Saddam Hussein’s deportation of vote. On July 19th, the first day of the Southern traditions. His grandfathers United Nations weapons inspectors and two day convention, the Declaration of fought for the Confederacy. As a young his continued obstruction of inter- Sentiments was read at the convention man, he was graduated from Clemson national monitoring efforts clearly promoting the right to vote, the right Agricultural College and then worked show that Iraq does not desire to live for a woman to attain a higher edu- as a reporter in Greenville and in Char- by international rules of peace and cation, the right to own property and lotte, North Carolina. He served during commerce. the right to retain one’s own wages— the Second World War as an infantry We now face the possibility of using some of the most fundamental prin- battalion commander in the European force against Saddam Hussein to en- ciples of our democracy. As stated by theater and completed his military sure that Iraq does not develop the ca- Elizabeth Cady Stanton, one of the service a Lieutenant Colonel. After the pability to make and use weapons of leaders of the convention, ‘‘We hold war, he returned to North Carolina and mass destruction, and our thoughts and these truths to be self-evident: that all to The Charlotte News, where he rose prayers are with our American troops men and women are created equal.’’ to the position of editor. In 1948, he stationed overseas and their families The other leaders of the Convention moved to Little Rock and began his back home. We have faith in the readi- including Lucretia Mott, Jane Hunt, eleven years at The Arkansas Gazette. ness of our troops and know that, if Ann M’Clintock and Martha Wright There, he would become The Gazette’s called upon, they will succeed in their began the movement to fulfill the free- executive editor. mission. The 114th Fighter Wing of the dom of Americans by changing the Harry Ashmore loved the South. He South Dakota Air National Guard will treatment of women in American soci- embodied the dignity of a southern be enforcing the no-fly zone over south- ety. gentlemen throughout his years. But ern Iraq, a task they have performed I support the designation of a cor- he was never provincial—either in his since 1992. The recent deployment is ridor commemorating the triumphs of writing or his thinking. He studied at also a historic occasion for Ellsworth these and other women, and believe Harvard University as a Nieman fellow; Air Force Base because it marks the that the Buffalo-Boston trail deserves from 1960 to 1963, he was editor-in-chief first time B–1 bombers have been de- serious consideration. Areas like Sen- of the Encyclopedia Britannica and ployed in a potential military conflict. eca Falls, where we can find the Eliza- from 1969 to 1974, he was president of I am a strong supporter of the Na- beth Cady Stanton House, and her the Center for the Study of Democracy tional Guard working alongside active church, the Old Trinity Church, I be- in Santa Barbara, California. In addi- duty personnel in response to future lieve, should be part of the historical tion, he found time to author, co-au- emergencies, both at home and abroad. trail for women’s history. Other areas thor and/or edit a dozen books. In 1996, The Persian Gulf War was the truest in New York have a tremendous histor- he was honored with the Robert F. test of this strategy and illustrated the ical significance for women’s rights in- Kennedy Memorial Lifetime Achieve- Guard’s ability to be trained, mobi- cluding: the Susan B. Anthony House, ment Award. lized, deployed, fight alongside active voting site and gravesite in Rochester But it was in newspapers where he duty personnel, and demobilized in re- and the M’Clintock House where the would have his greatest influence on sponse to a national emergency. As you idea of a convention was conceived and American life. In 1957, three years after know, Mr. President, South Dakota the Declaration of Sentiments was the Supreme Court’s decision in Brown, National Guard participated in that written. Arkansas’ Governor Orval E. Faubus impressive effort. This bill only requires the Secretary called out the National Guard because The National Guard’s effectiveness to study the alternatives available to of ‘‘evidence of disorder and threats of further proved itself in the natural dis- him and does not dictate where that disorder.’’ As ever, Harry Ashmore asters of the past few years. Our state commemoration occurs. But the events called it like he saw it. He described

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S780 CONGRESSIONAL RECORD — SENATE February 12, 1998 the eerie scene as, ‘‘the incredible spec- trolled but eloquent passion that the law of screened Negro students to a single white tacle of an empty high school sur- the land—following the Supreme Court’s 1954 high school.’’ rounded by the National Guard, troops ruling that all segregation in public schools Recalling those days, Henry Woods, a Fed- eral district judge in Little Rock who was a called out by Governor Faubus to pro- was ‘‘inherently unequal’’—should be hon- ored and that Arkansans should permit the leading Little Rock lawyer in 1957, said: tect life and property against a mob admission of nine black students who wanted ‘‘Harry was the central figure in the crisis. that never materialized.’’ to enter the school under an integration plan He was the leader of the opposition to mob Ashmore knew Governor Faubus drawn up by the Little Rock school board. rule, and all of us who opposed Faubus ral- wanted to prevent nine students from He contended that resistance was useless. lied around him. The thing I admire most entering Little Rock High School. He Confrontation loomed when Arkansas’ pop- was the great courage Harry displayed. He warned against delay, realizing that re- ulist Governor, Orval E. Faubus—formerly a received daily threats against his life and his sisting the Supreme Court would bring boon companion of Mr. Ashmore’s—ordered family, but he stood in the breech and held the walls against the barbarians.’’ bloodshed. In The Gazette, he argued the National Guard to bar the nine from the school. But President Dwight D. Eisenhower During the crisis, Mr. Ashmore’s editorials dispassionately for the people of Ar- gained control of the Guard and ordered Fed- caused declines in advertising revenue and kansas to uphold the law. He wrote: eral troops to be sent to Little Rock to re- circulation. An unsigned letter was sent to ‘‘There is no valid reason to assume store order and accompany the nine. And the some business people in Little Rock saying that delay will resolve the impasse school became integrated. that The Gazette, in taking its which Mr. Faubus has made. We doubt Well before the crisis, a plan was adopted antisegregation stand, was ‘‘playing a lead- that Mr. Faubus can simply wear the by the Little Rock school board that re- ing role in destroying time-honored tradi- stricted integration of the city’s schools ini- tions that have made up our Southern way of Federals out—although he is doing a life.’’ pretty good job of wearing out his own tially to only one of them, Central High School, and scheduled that for 1957. In 1990, Mr. Ashmore, speaking of himself people.’’ Harry Ashmore understood be- Tension rose as the integration date ap- and two other Southern editors of that era, fore so many others the power and the proached. Resistance to the plan, called the Ralph McGill of The Atlanta Constitution moral force of civil liberty. And yet, he Phase Program, swelled among white people. and Hodding Carter of The Delta Democrat- also knew the rooted strength of the Robert Ewing Brown, leader of a segrega- Times of Greenville, Miss., said, ‘‘As refugees tionist group in Little Rock, said, ‘‘The Ne- of the Old South, we were never comfortable opposition. being called liberals or integrationists. Above all he was honest, to himself groes have ample and fine schools here, and there is no need for this problem except to Philosophically, we all knew segregation was and to his readers. Through his calm wrong, but we weren’t doctrinaire liberals. I and reasoned editorials he stood for satisfy the aims of a few white and Negro revolutionaries.’’ And early in 1956, Mr. had a temperamental difference with the two justice despite daily threats on his life Faubus declared he could not cooperate in of them, though. They were more glandular, more angry about the segregationist abuses, and on his family. The Gazette suffered ‘‘any attempt to force acceptance of change whereas I tended to laugh more at the ab- financially for his courage. It lost ad- to which the people are so overwhelmingly surdity of it all.’’ vertising revenue and circulation. opposed.’’ He also did not take himself too seriously. In August 1957, someone hurled a stone Harry Ashmore, however, fought for A former colleague at The Gazette recalled through the window of an Arkansas his beliefs, and he helped lead Arkansas not long ago that after attending a daily N.A.A.C.P. leader, Daisy Bates. An attached and the Nation toward equality for all afternoon meeting about the paper’s news note said: ‘‘Stone this time, dynamite next.’’ coverage, Mr. Ashmore would go off to write its citizens. In 1958, the Pulitzer com- In September 1957, the night before Little editorials and, as he departed, he would often mittee recognized Harry’s excellence in Rock’s schools were to open, Governor observe wryly, ‘‘I’m off to think great editorial writing by awarding him the Faubus proclaimed that he was going to de- thoughts.’’ Pulitzer Prize for ‘‘clearness of style, ploy National Guard troops around Central When Mr. Ashmore won his Pulitzer Prize, moral purpose, sound reasoning, and High School because of ‘‘evidence of disorder The Gazette was given another Pulitzer power to influence public opinion.’’ In and threats of disorder.’’ award, for public service, for its news report- addition to his own Pulitzer, in 1958, And when Central High opened, more than ing about the events of 1957. Mr. Ashmore 200 National Guard troops were on guard. As was cited for ‘‘the forcefulness, dispassionate The Gazette was awarded the Pulitzer Mr. Ashmore put it in an editorial, there was for public service. analysis and clarity’’ of his editorials during ‘‘the incredible spectacle of an empty high the crisis, and The Gazette was cited for Harry Ashmore was on the front lines school surrounded by the National Guard, of the struggle for civil rights in this ‘‘demonstrating the highest qualities of civic troops called out by Governor Faubus to pro- leadership, journalistic responsibility and country. His leadership, courage, and tect life and property against a mob that moral courage in the face of mounting public wise words must not be forgotten. never materialized.’’ tension.’’ I ask that the New York Times’ arti- But a 15-year-old black girl, Elizabeth In 1991 the newspaper ceased publication, cle on Harry Ashmore from January 22, Eckford, who tried to enter the school, re- and its competitor, The Arkansas Democrat, counted later that ‘‘somebody started 1998, be printed in the RECORD. acquired its assets and became The Arkansas The article follows: yelling, ‘Lynch her! Lynch her!’ ’’ A white Democrat-Gazette. The paper’s editorial woman accompanied her away from the [From the New York Times, Jan. 22, 1998] page editor, Paul Greenberg, said yesterday scene. that Mr. Ashmore ‘‘was a part of the great HARRY S. ASHMORE, 81, WHOSE EDITORIALS After the nine black teenagers were even- epic of The Gazette’s courageous stand in SUPPORTED INTEGRATION IN ARKANSAS, DIES tually permitted to begin attending the coverage of the Central High crisis of 1957.’’ (By Eric Pace) school and, as Mr. Ashmore wrote in one edi- Mr. Greenberg, who won a 1969 Pulitzer Prize Harry S. Ashmore, who was executive edi- torial, ‘‘peacefully attending Central High for editorials on race that he wrote for The tor of The Arkansas Gazette when he won a School under Federal court order and Fed- Pine Bluff Commercial of Arkansas, said: Pulitzer Prize for antisegregation editorials eral military protection,’’ Governor Faubus ‘‘He will always be a much admired figure in he wrote during the crisis and confrontation contended that resolving the crisis required Arkansas journalism. No account of Arkan- over admission of black students to a Little that the nine withdraw from the school. He sas history will ever be complete without Rock high school in 1957, died on Tuesday said that all he wanted was delay in inte- mentioning Harry Ashmore.’’ night in the infirmary of the Valle Verde re- grating the high school until some unspec- Mr. Ashmore wrote, was co-author or edi- tirement home in Santa Barbara, Calif., ified future time. tor of a dozen books. Over the years, he was where he and his wife moved several years But Mr. Ashmore said in that editorial: also in the active leadership of the American ago. He was 81. ‘‘There is no valid reason to assume that Society of Newspaper Editors, the Fund for He evidently died as the result of a stroke delay will resolve the impasse which Mr. the Republic, the Committee for an Effective he suffered early this month, his wife, Bar- Faubus has made. We doubt that Mr. Faubus Congress, the American Civil Liberties bara, said. can simply wear the Federals out—although Union and other national organizations. Mr. Ashmore, a native of South Carolina, he is doing a pretty good job of wearing out He received the Robert F. Kennedy Memo- was a prominent figure in Southern jour- his own people.’’ rial Lifetime Achievement Award in 1996. nalism while he was executive editor of The Yet Mr. Ashmore’s approval of integration Harry Scott Ashmore was born in Green- Gazette—published in Little Rock—from 1948 was limited then, though it became complete ville, S.C. He became aware of black people’s to 1959. He went on to be the editor in chief later. One of his editorials during the crisis problems partly when he became a summer of the Encyclopedia Britannica from 1960 to advocated acceptance of the phased desegre- laborer on a cotton farm. He went on to 1963 and president of the Center for the gation plan worked out by the school board graduate in 1937 from Clemson Agricultural Study of Democratic Institutions, a liberal as the handiwork of individuals who felt ‘‘(as College in Clemson, S.C., worked for some think tank headquartered in Santa Barbara, we do) they were working to preserve the ex- southern newspapers and studied as a from 1969 to 1974. isting pattern of social segregation’’ by com- Nieman Fellow in Journalism at Harvard. On The Gazette’s editorial pages in the ing up with a program which would lead to During World War II he served with the eventful days of 1957, he argued with con- ‘‘the admission of only a few, carefully Army in France and elsewhere and rose to

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S781 the rank of lieutenant colonel. After the war lies, including his own. I join my Sen- ington have been managed by the three he rose to become editor of The Charlotte ate colleagues in wishing Craig well states, and through cooperative agree- News in North Carolina. He went to The Ar- and we expect for him to continue the ments between them. The state juris- kansas Gazette as editor of its editorial page highest traditions of excellence at his diction, however, extends only to three in 1947 and was promoted to executive editor. In addition to his wife, the former Barbara new post at the National Human Ge- miles. This limitation is particularly Edith Laier, whom he married in 1940, Mr. nome Research Institute.∑ significant in Washington state, where Ashmore is survived by a daughter, Anne f approximately 60–80 percent of the crab Ashmore of Washington.∑ is caught beyond three miles. While CRS PRODUCTS OVER THE f states can regulate their own fisher- INTERNET men beyond three miles, they have not PRAISING CRAIG A. HIGGINS FOR ∑ Mr. LEAHY. Mr. President, I rise historically been able to regulate fish- HIS SENATE SERVICE to offer my support to legislation in- ermen from other states. ∑ Mr. SPECTER. Mr. President, Mr. troduced by Senator MCCAIN, S. 1578, to Although Washington, Oregon, and Craig A. Higgins, Clerk of the Senate make Congressional Research Service California have all adopted limited Appropriations Subcommittee on Reports, Issue Briefs, and Authoriza- entry programs to conserve and man- Labor, Health and Human Services, tion and Appropriations products avail- age crab, Oregon vessels can and do Education, and Related Agencies, re- able over the Internet to the general fish for Dungeness crab in waters more cently announced that he will soon be public. than three miles off Washington, and, joining the National Human Genome I applaud the goal of this legislation until interim authority was granted in Research Institute at the National In- to allow every citizen the same access 1996 in the Sustainable Fisheries Act, stitutes of Health as its Senior Advisor to the wealth of information at the Washington could not regulate these for Legislative Affairs. I offer him, on Congressional Research Service (CRS) vessels. The same, of course, was true behalf of all my Senate colleagues, our as a Member of Congress enjoys today. of Washington vessels fishing off the goodwill and best wishes as he assumes CRS performs invaluable research and coast of Oregon. his new duties and responsibilities at produces first-rate reports on hundreds The problem with the inability to NIH. of topics. The taxpayers of this coun- manage out-of-state vessels beyond Mr. Higgins has served with loyalty try, who pay CRS’s annual budget of three miles became critical in 1995, and with distinction in the United $60 million, deserve speedy access to when a Federal district court allocated States Senate for nearly 18 years. He these wonderful resources. a large portion of the crab to Indian has worked for Senator Mark O. Hat- I understand that the staff at CRS tribes, and threatened in this way to field as a legislative assistant from 1980 has raised some questions about how deprive non-tribal fishermen, who have to 1987. He then joined the sub- this bill may affect their charter man- been fishing for generations, of their committee staff, becoming Clerk of the date to provide ‘‘confidential analysis livelihoods. Without the ability to reg- subcommittee in 1995. He is well known and information exclusively for Con- ulate vessels from Oregon, all of the al- to be a dedicated and conscientious gressional clients.’’ I want to work location to the tribes would come from Washington non-tribal fishermen. This staff member who, like many staff with Senator MCCAIN, the other co- members, has spent countless hours of sponsors of this bill and the Senate simply is not fair. The bill I will intro- energy, time, and effort in producing Rules Committee to ensure that Mem- duce will continue to give the fishery bills, reports, and hearings. During his bers who request confidential research managers in Oregon, California, and Washington, the authority to regulate stewardship of our subcommittee, have control over the release of that all crabbers equally in the exclusive Craig has continued the tradition of bi- research. But we can do both—protect economic zone adjacent to the state. partisanship in the formulation of this truly confidential research and give This regulatory authority will help to very important bill. He understands our citizens electronic access to non- ensure that the cost of the tribal allo- the many needs of the American people confidential CRS products. cation will be borne more fairly by all and sought constructive solutions to I want to commend the Senior Sen- commercial crabbers who fish in the better enable our government to ad- ator from Arizona for his leadership on EEZ adjacent to Washington, not just dress those needs. He devoted consider- opening public access to Congressional crabbers whose vessels are registered in able time helping individual constitu- documents. I share his desire for the the state. ents and informing the public about American people to have electronic ac- As I mentioned, in 1996, I succeeded the work of the subcommittee. cess to many more Congressional re- in obtaining a provision in the Sustain- Craig has earned the respect of the sources. I look forward to working with able Fisheries Act, which gave limited leadership of these agencies and of the him in the days to come on harnessing interim authority to the West Coast Members and staff of the Senate by the power of the information age to states to manage the Dungeness crab being fair, responsive, and helpful. open up the halls of Congress to all our fishery beyond three miles. This in- ∑ Both Democrats and Republicans have citizens. terim authority expires in 1999. It was trusted his advice and counsel as our f anticipated that the Pacific Council subcommittee confronted the many REGULATING DUNGENESS CRAB would, by that time, prepare a Fishery issues. Management Plan that could be dele- In his new position at NIH, Craig will HARVEST ON THE WEST COAST ∑ gated to the states. The Council has de- no doubt continue his outstanding Mr. GORTON. Mr. President, I rise termined, however, through a careful, work in advancing the promise of ge- today to state that I intend, with my public, and inclusive process, that, nome research. With his profes- colleague from Washington state, Sen- given the unique nature of the West sionalism and legislative experience, ator MURRAY, to introduce legislation Coast fisheries in which you have effec- he brings to the task exceptional tal- shortly after this recess to ensure fair tive state management, cooperation ent and energy, and I have the highest management of Dungeness crab on the among the states, and agreement on degree of confidence that his ability West Coast. The legislation is sup- the legislation I will introduce, there is and dedication will continue his re- ported by the Pacific Fishery Manage- no need for Federal management of markable record of excellence. ment Council, and represents an agree- this fishery. I would take this opportunity again ment reached by industry representa- I look forward to working with my to thank Craig for his service to our tives, tribal representatives, and state colleagues to secure quick passage of subcommittee. As a devoted father to fishery management agencies in Wash- the bill.∑ his children, Keith and Kristin, and ington, Oregon, and California. The f husband to his wife, Wendy, Craig, like legislation will extend and expand the the many other parents in our work- current interim authority for these PHILIP HITCH force, has balanced home life with ca- states to manage Dungeness crab be- ∑ Mr. STEVENS. Mr. President, the reer. In many ways, his work in the yond three miles from their shores. Defense Department and Congress re- Senate is motivated in large part in se- Historically, the crab fisheries off the cently lost an able and dedicated ad- curing a stronger future for all fami- coasts of California, Oregon, and Wash- viser. Mr. Philip Hitch, Department of

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S782 CONGRESSIONAL RECORD — SENATE February 12, 1998 Defense Deputy General Counsel for sary of her destruction, and to honor sion. More recently, tests results re- Fiscal Matters died recently at the age the memories of those brave men who ported in National Geographic maga- of 52. Phil had served the Department died in service aboard that mighty zine, based on a careful computer anal- of Defense for 27 years in a number of ship. ysis of photographs of the twisted hull, positions. True to her namesake’s motto, proved inconclusive. Mr. Hitch began his career in the ‘‘Dirigo’’, or ‘‘I Lead’’, the Maine was While the means by which she met Army, serving from 1971 to 1975 as an one of the first surface combatants to her end may always be a mystery, one Assistant Staff Judge Advocate for the be designated as a battleship. When she thing is for certain: there will never be Military Traffic Management Com- was commissioned in 1895 she was, at a debate about her place in history. mand. Upon leaving the Army in 1975, 319 feet in length, the largest ship ever And there will never be a debate about he represented the Office of the Coun- built in a U.S. Navy shipyard. A state- the bravery of those souls lost aboard sel for the Navy Comptroller. He be- of-the-art vessel, the Maine was show- the Maine in a flash of fire and chaos. came the Counsel for the Navy Comp- cased in many ceremonial events and That is why we remember the Maine. troller in 1981. was the pride of the U.S. Navy. Captain Sigsbee, knowing of the con- In 1992, Philip Hitch became the Dep- Then, on February 15, 1898, destiny troversy surrounding the cause of the uty General Counsel for Fiscal Matters called upon the U.S.S. Maine, her offi- explosion and its consequences, admon- for the Department of Defense. In this cers and her crew. On that night—a ished us to recall the most honorable role, Phil served the Defense Depart- quiet and still evening by accounts reason to remember her: ‘‘In the way ment capably by supporting DOD’s leg- from survivors—an explosion shattered that the men of the Maine suffered islative proposals regarding financial the tranquility of Havana Harbor and there was enough of the heroic to pro- matters. Equally important, at a time tore through the Maine, blowing apart vide a sound foundation for the motto, of significant Congressional activity in her berthing deck and hurling much of ‘‘Remember the Maine’’. And so we do so today, and always. the areas of Defense navigate its way her starboard side into the water. After Remembrance events are scheduled to through the process of change. several smaller explosions in the ship’s take place across the country: at Ar- However, few know that the Con- magazines, only 88 men remained lington Cemetery, in Bangor, Maine— gress, particularly the Senate Appro- among the living, and the United where the shield and scroll of the ship priations Committee’s Subcommittee States and Spain were one giant step rest today, in Central Park in New on Defense, relied heavily on Phil for closer to war. York City, in Key West, Florida, and at advice on general provisions and other Soon after the tragedy, eight more the Naval Academy in Annapolis, financial legislation under consider- men died and in the weeks following Maryland. Liz Henning, Midshipman at six more deaths would be attributed to ation. In this sensitive and occasion- the Naval Academy, will likely be injuries suffered aboard the Maine. Ini- ally conflicting role, Phil was able to there: in the recent National Geo- tial Navy reports suspected a mine provide thoughtful and precise legal graphic story on the Maine, she was sank the Maine, but urged caution counsel while maintaining the trust quoted as saying, ‘‘We still think about until further investigations could be the Committee needed in the delicate those guys on the Maine * * * Navy conducted. The outrage surrounding task of seeking Defense Department people never forget’’. views on legislative proposals. In this the incident was taking on a life of its Nor will Mainers ever forget. In Ban- role, Phil was able to make a signifi- own, however, as papers throughout gor, an appropriate memorial to the cant contribution to the nation’s de- America reported to a stunned and out- Maine reminds us of that fateful day fense acquisition process, serving both raged nation that the pride of our Navy one hundred years ago. In the Blaine the Defense Department and com- had been destroyed by an enemy mine House in Augusta—the Governor’s resi- mittee on Appropriations as confidant set in Havana Harbor with the sole and dence—the silver soup tureen and vege- and counsel. deadly purpose of sinking the Maine. table dish from the original U.S.S. In a busy town dominated by people On March 23, 1898, a Navy board offi- Maine, along with the loving cup, have seeking to be heard and recognized, cially concluded that it was, in fact, a been displayed for the past 70 years and Phil Hitch generally sought neither. mine that put the Maine on the bottom have become one of our state’s most Indeed, one of Phil’s strong qualities as of Havana Harbor. By April, the infa- unique treasures. The story of the re- his willingness to take time and listen mous expression ‘‘Remember the covery of these pieces from the bottom to all aspects of the issue at hand. Maine’’ became a rallying cry for a na- of the ocean in Havana Harbor has al- When asked for his advice, it was clear tion and by the end of that month, ways brought a look of awe and amaze- and concise—formulated to make the President McKinley had ordered a ment to the eyes of Maine’s children, process of managing fiscal legal mat- naval blockade which precipitated a and it was always clear to me that ters more productive for the nation as formal declaration of war by the U.S. these pieces are our living link to a whole. Congress against Spain. Maine’s maritime heritage. Fortunately, I can tell you that the The Captain of the U.S.S. Maine, Cap- And now, I am proud to say that the quality of Phil’s work was recognized tain Charles Sigsbee, who survived the U.S. Postal Service will help keep the through his receipt of the Presidential tragedy, put the scope of the U.S.S. spirit of those lost on the Maine alive. Rank Award for Meritorious Service Maine disaster in perspective after the Key West, Florida, one of the last ports and the Navy Distinguished Service Spanish-American War ended. He said: of call for the U.S.S. Maine, and the Award. The Navy Distinguished Serv- ‘‘During the recent war with Spain, place where many of the brave Ameri- ice Award notes that ‘‘Mr. Hitch has about 75 men were killed and wounded cans who died aboard the Maine are left indelible contributions to the man- in the United States Navy. Only 17 buried, is the location for the First agement and operations on the Depart- were killed. On board the Maine, 252 Day and City of Issue for the stamp. ment of the Navy.’’ men were killed outright and eight Key West will host a first-day cere- Mr. President, the Defense Depart- died later—nearly fifteen times as mony and will use a distinctive First ment and the Senate will miss his wise many as were killed in the United Day of Issue cancellation. counsel.∑ States Navy by the Spanish land and I would like to thank Postmaster f naval forces during the entire war.’’ General Marvin Runyon for agreeing to We may never know precisely why my request for a special, limited ad- 100TH ANNIVERSARY OF SINKING the Maine met her end that night one vance release this weekend of the Post- OF U.S.S. ‘‘MAINE’’ hundred years ago. Today, controversy al Service stamp commemorating the ∑ Ms. SNOWE. Mr. President, one hun- still surrounds the original theory that centennial of the sinking of the Maine. dred years ago this Sunday, February it was a mine that sank her. Indeed, a The stamp will be distributed during 15, a tragic event took place in Havana 1976 report compiled by the order of the U.S.S. Maine Centennial observ- harbor which claimed the lives of 260 Admiral Hyman Rickover concluded ance in Bangor. Rather than the First officers and crew and hurtled our na- that it was an internal fire in a coal Day of Issue cancellation, the stamps tion into war. I rise today to remember bunker next to the Maine’s powder will be canceled with a special pictorial the U.S.S. Maine on the 100th anniver- magazines that led to the fatal explo- of the U.S.S. Maine designed in Bangor.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S783 This and other centennial celebra- TRIBUTE TO JANE JOHNSON grams like Head Start were developed on the national level. tions will ensure that the Maine will ∑ Mr. DODD. Mr. President, through- indeed not be forgotten—nor will those Ms. Johnson was an exemplary model of out the years, I have had the oppor- the program. She began participating as a aboard who made the ultimate sac- tunity to criss-cross the State of Con- client through the Parent Involvement Com- rifice. They answered the call when necticut countless times, and along the ponent of the Head Start Program. From their country needed them, and we way I have met a number of remark- 1965–67, she worked directly with the chil- must honor their memories with our able individuals. Their occupations and dren as a teacher’s assistant. The first direc- respect and remembrance. As a Mainer backgrounds may vary, but they are all tor of the program, John E. Francisco, recog- and a member of the Senate Armed linked by a common commitment to nized Ms. Johnson’s talent and promoted her. For the next five years, she worked first Services Committee, I have nothing helping others and making a positive but the utmost respect for the men and as an assistant, and then as the coordinator difference in their communities. These in the Social Service component of the Head women who throughout history have are the unsung heroes in our society, Start Program. During the mid-1970’s, she re- risked their lives and invested their ca- and they are the foundation on which turned to school and earned an Associate De- reers in our armed forces. our communities are built. Sadly, Con- gree from Tunxis Community College in 1976. In that light, let us keep their mem- necticut lost one its heroes earlier this Mr. Francisco promoted Ms. Johnson again ory alive, and let us ensure that future month, when Jane Johnson of New in 1977, when she became his Administrative Assistant. She continued her education, generations will understand and appre- Britain died at the age of 59. ciate the legacy of the U.S.S. Maine, earning a Bachelor of the Arts Degree from Jane Johnson’s entire career was Central Connecticut State University in 1979. and the tragic sacrifice of her gallant dedicated to working with poor and un- ∑ She graduated with honors and was named to crew. Let us remember the Maine. derprivileged children so that they Alpha Kappa Delta National Honor Society. may have a brighter future. A native of From 1980–98, Ms. Johnson was the Direc- f New Britain, she spent more than 30 tor of the Head Start Program. During this years working in her home town’s Head period, her innovative public policy initia- OLYMPIAN ERIC BERGOUST Start program, and for the past 17 tives earned National recognition. She was selected as a Johnson and Johnson Manage- ∑ Mr. BURNS. Mr. President, I stand years she served as its Director. ment Fellow and attended an honorary pro- today to recognize an Olympian from I was fortunate to work with Jane gram at the University of Southern Cali- the great state of Montana. Eric over the years, and I, along with every- fornia in 1995. Bergoust, a Western Montana native one else who knew her, had the highest In addition to her brilliant work as a lead- regard for Jane and for her opinions on er in the National Head Start Program, Ms. from Missoula, will represent our na- Johnson served her community as a volun- tion next week in the 1998 Winter issues concerning children. Not only was she well-respected throughout the teer. She served as a member of the Board of Olympics in Nagano, Japan. Directors at the Sheldon Community Guid- Eric, 28, is a freestyle aerialist State but her efforts on behalf of young ance Clinic and at the United Way of New skier—a sport that requires athletes to people earned her national recognition. Britain. She was a member of the Con- launch themselves off a snow ski ramp, That is why she was invited to several necticut and National Association of Head twist and turn their body in mid-air White House Conferences on Head Start Directors. Ms. Johnson also volun- and land on the slope below. You cer- Start. teered as a coordinator for the Conference on As if her efforts with Head Start were Coordinated Child Care For The State of tainly cannot appreciate the physical Massachusetts. requirements of this sport until you not enough, Jane also volunteered her free time to serve her community. She Ms. Johnson was a member of the are able to see it. And the landings McCullough Temple C.M.E. and during the don’t always end up feet down. Watch was involved with many service organi- 1960’s, was active as a choir member and the sport long enough and you are zations, including as a member of the served as a Junior District and Secretary bound to see an unplanned landing. board of directors for the Sheldon Com- Delegate to their young people’s conference. But Eric is not new to the challenges munity Guidance Clinic and the United Throughout her life, she made countless Way of New Britain. She was also ac- contributions to the children and their fami- of freestyle aerial skiing. Eric was lies who came to the New Britain Head Start profiled on network television earlier tive in her church, singing in the choir and actively working with the young Program. The staff, the children, and the this week during a look at the 1998 families who were involved with the program people in the congregation. Winter Olympics. The profile included for the past 30 years will miss her loving photos of Eric diving off the roof of his No one really knows exactly how guidance, her wonderful sense of humor and, parents’ Missoula home into mat- many children showed up to their first most of all, her kind heart. She will continue tresses on the ground below. Mr. Presi- day of school ready to learn and came to inspire them to serve their community dent, I am happy to see that Eric’s ad- closer to reaching their full potential with hard work and commitment. because of Jane Johnson’s efforts. But In addition to her mother, she is survived venturous spirit is now compensated by three children, Carnell Small of New Brit- and insured. everyone in New Britain and through- out the State of Connecticut knows ain, Cheryl Small-Parris and her husband, When I was a kid, we also had to be Colin Parris of New Britain, and Wayne that she was a remarkable woman who creative to fill our time, but my feet Small of Calif.; two sisters, Beatrice Walker stayed on the ground and rarely touched many young lives and will be of New Britain, and Margaret Johnson of reached a height higher than the stir- dearly missed. Hartford; two grandchildren, Torey Small I offer my heartfelt condolences to rups of a tall horse. and Tia Parris; a great granddaughter, Taryn her friends and family, and I ask that Fudge; and several nieces and nephews. She Although he has claimed his share of her obituary be printed in the RECORD. was predeceased by an infant son, Todd An- injuries from the physically demanding The obituary follows: thony Small. sport, I am proud to claim Eric as a na- Funeral services will be held on Monday, 11 [From the New Britain Herald, Feb. 6, 1998] tive Montanan. He has represented our a.m. at the Spottswood AME Zion Church. state well in world class events. JANE JOHNSON Burial will take place at Fairview Cemetery, Eric is participating in his second NEW BRITAIN.—Jane Johnson, 59, of New New Britain. Calling hours are Sunday Olympic games and has matured into Britain, Director of the New Britain Head evening from 6 to 8 p.m. at the church. Me- Start Program, died Tuesday, Feb. 3, 1998, at one of the sport’s premiere athletes. morial donations may be made to the HRA New Britain General Hospital. Head Start Program, 180 Clinton St., New Last month, Eric won a World Cup Born in New Britain, she was the daughter Britain, CT 06053. Erickson-Hansen Funeral event in British Columbia and is at the of Josephine (Gray) Hines of New Britain and Home is in charge of arrangements.∑ top of the World Cup standing entering the late James Johnson. She was a lifelong f the Olympics. New Britain resident. Jane Johnson worked I’ve sent Eric a telegram wishing him for the New Britain Head Start Program at JOHN HAMRE’S SPEECH ON NATO well next week in the freestyle aerial the Human Resources Agency for 30 years. ENLARGEMENT events. I wanted to make sure my col- She began her career in public service as a ∑ Mr. ROTH. Mr. President, few have teacher’s assistant in 1965, the first year of leagues and the American people are the national Head Start Program which was had as distinguished a career in the aware of Eric’s roots and the Montana begun by President Lyndon Johnson as a Senate as Howell Heflin, our former spirit that drives him to be the world’s central part of his Great Society Program. colleague from the great state of Ala- best in his sport.∑ In order to fight the ‘‘War on Poverty,’’ pro- bama. One of the ways through which I

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S784 CONGRESSIONAL RECORD — SENATE February 12, 1998 came to know and appreciate the in- embassy in Budapest. It became a crisis— versary we honor today. We all must remind domitable optimism and warmth of what to do with them all. Americans how this ‘‘lost generation’’ served After a day or so the West German govern- Senator Heflin was through our work and sacrificed to give America a chance to ment rented an entire train and transported build a safer Europe for the next generation. together as chairmen of the Senate these East German refugees to Frankfurt. I Delegation to the North Atlantic As- We must warn them how, when the guns of recall how CNN was on the scene, showing November fell silent, American ignored the sembly. the train as it slowly moved west. The NAA brings together on a reg- The night it arrived in Frankfurt a CNN embers of hatred that still smoldered in Eu- ular basis parliamentary and legisla- news crew was on the scene and interviewing rope, and we missed the opportunity to pre- vent another war. tive leaders of NATO’s 16 nations to the refugees. I recall they cornered a young discuss matters of transatlantic con- German couple—probably in the mid-20s. The To those who would turn our backs on Eu- wife was holding an infant. After asking a se- rope today, tell them the price our veterans cern, generate initiatives addressing ries of inane questions, the reporter asked key challenges, and reinforce this stra- paid in World War II as Hitler stoked the em- the Germans, ‘‘Is there anything you would bers of hate into the deadliest war in human tegic partnership. like to say?’’ The man said, ‘‘Yes, there is Senator Heflin was not only an out- history. Tell them how sons returned to the something I would like to say. I would like very same terrain that their fathers had died standing representative of the Senate to thank America for keeping a place in the to set free, as they plunged into the crashing to the Assembly and an ardent sup- world that is free.’’ For me, it was a stunning moment. The surf at Normandy. A reporter for Star and porter of the NATO Alliance, but he Stripes was there, and filed this searing dis- was also an energetic and persuasive United States decided after painful delibera- tion to retain troops in Europe. We had spent patch: ‘‘There have been only a handful of leader on an important initiative be- hundreds of billions of dollars during the days since the beginning of time in which fore us today, NATO enlargement. Cold War maintaining a tense peace. And the direction the world was taking has been I recently corresponded with Senator just when many Americans were getting changed for the better in one 24-hour period Heflin. He brought to my attention a tired and forgetting what it was all about, by an act of man. June 6, 1944 was one of speech on NATO enlargement by Dep- this young German said in such simple words them. What the Americans, the British, and uty Secretary of Defense John Hamre what it all amounted to—‘‘keeping a place in the Canadians were trying to do was to get delivered on Veteran’s day before an the world that is free.’’ back an entire continent that had been audience in Birmingham. Right now, America is at relative peace. taken from its rightful owners, whose citi- Senator Heflin suggested that I sub- But it is an uneasy peace because we face zens had been taken captive. It was one of new dangers of regional aggression, ter- the most monumentally unselfish things mit this speech for the RECORD, and I rorism, and the spread of weapons of mass that one group of people ever did for an- gladly do so. It’s a strong articulation destruction. Just look at the headlines—Iraq other.’’ That D-Day observer was today’s of the moral and strategic rattling its saber, North Korea threatening underpinnings of NATO enlargement. and unstable, conflict brewing just below the Andy Rooney of ‘‘60 Minutes’’ fame. It decisively addresses the key con- surface in Bosnia. The challenge before our We cannot turn our backs on Europe today. cerns voiced by those who still harbor nation today was posed recently by a scholar The generation that won the second World reservations about this policy. named Donald Kagan in his book, On the Ori- War gave us a second chance to build a safer I urge my colleagues to take Senator gins of War. He writes that: ‘‘A persistent and world. The Marshall Plan offered an Amer- Heflin’s advice and read this speech. repeated error through the ages has been the ican hand of help and hope, to lift Europe The speech follows: failure to understand that the preservation out of the slough of despair and snuff the em- of peace requires active effort, planning, the REMARKS BY DEPUTY SECRETARY HAMRE AT bers of war forever. Western Europe em- expenditure of resources, and sacrifice, just BIRMINGHAM WORLD PEACE LUNCHEON, 11 braced the Marshall Plan and built strong as war does.’’ democracies, strong economies, and a strong NOVEMBER 1997 President Clinton and Secretary Cohen are alliance called NATO. But the other half of Senator Jeff Sessions, Senator Howell Hef- determined that the United States will not lin, Congressman Spencer Bachus, and fail to seize the opportunity to preserve Europe was denied the Marshall Plan when Mayor Richard Arrington. It is great to be in peace. Today, I want to talk about how we Joseph Stalin slammed down the Iron Cur- Birmingham on Veterans’ Day. The sons and are going to preserve peace in Europe. The tain on America’s helping hand. But still, daughters of Birmingham have served our United States has devoted too much blood America did not turn its back. nation both on the battlefront and on the and treasure in two World Wars and a Cold Through the long winter of the Cold War, homefront. So many served in World War II War. The key to preventing war in Europe in we stood again with the free people of Eu- that this area was known as the ‘‘great arse- the 21st Century is to spread the democracy, rope. And today, having emerged victorious nal of the South.’’ stability, and prosperity of Western Europe November 11th is set aside to honor all vet- from that long, twilight struggle, we have an into Eastern and Central Europe, all the way historic opportunity and a very sober chal- erans of American wars. But I would like to to Russia. And the key to that is by enlarg- single out two individual veterans today be- lenge. We must complete George Marshall’s ing NATO—inviting new members into the vision for a Europe healed, whole, and free to cause their feats in uniform are a tribute to North Atlantic Treaty Organization. all veterans. In fact, their names are in- Last summer, President Clinton and his 15 ensure that Americans never again have to scribed in the Hall of Heroes at the Pen- NATO counterparts took the historic step of fight and die on European battlefields. The tagon, which honors America’s Medal of inviting three former communist countries— key is for NATO to reach out across the old Honor winners. We are fortunate to have Poland, Hungary, and the Czech Republic—to Cold War divides, to nurture the new democ- these two heroes seated with us today: Bill join NATO in 1999. But before this can hap- racies in Eastern and Central Europe that Lawley and Lee Mize. Bill received his Medal pen, it must be approved by the citizens of have emerged from the iron grip of Soviet of Honor after World War II for flying his all 16 NATO nations through their elected domination, and, when these countries are damaged B–17 and his crew to safety in spite legislatures, including the United States ready, willing, and able to join the Western of his terrible wounds and continued enemy Senate. This is a very serious decision for Alliance, to invite them to join NATO. attacks. Lee received his Medal of Honor American and our Senate to make. That is what NATO has done. And today, after the Korean War for almost single- Fifty years ago, when George Marshall pro- handedly defending a strategic outpost from posed the Marshall Plan to help rebuild Eu- when you visit the old capitals of the former brutal and continuous enemy assaults, and rope after World War II, he went around the Warsaw Pact nations, you can see a new then leading the counterattack that drove country explaining the importance of re- spring in the air—of liberty, prosperity, and the enemy off. Ladies and gentlemen, on be- building Europe. As a result, the Marshall national security. The lines of commerce and half of all veterans here and everywhere, Plan—in Harry Truman’s words—was ‘‘more communications are criss-crossing the old let’s show our appreciation to these two than the creation of statesmen. It comes Cold War fault lines, knitting the continent American heroes. from the minds and hearts of the people.’’ closer together. Former NATO enemies are Colonels Lawley and Mize—and all their NATO enlargement must also come from the seizing every opportunity to meet, engage, comrades-in-arms—did a great deal to make minds and hearts of the people. As President and exercise their militaries with NATO— America safe, both at home and abroad. Clinton said, ‘‘Because [NATO enlargement] and three of these nations are now ready to Let me share with you a story—a true is not without cost and risk, it is appropriate join the Alliance. story. It now seems so long ago, but let me to have an open, full, national discussion.’’ This is a major step and we must have a remind you of events back in 1989 before the As the Senate prepares to consider NATO full national debate. Some will argue that Warsaw Pact collapsed and before the Berlin enlargement, it is crucial that all Americans Wall came down. At that time there was an join in this debate. We especially need to making NATO larger is going to make NATO announcement by Hungary that they would hear from our veterans. It is your voice—the weaker and therefore weaken America. I be- not block East German citizens living in voice of the American veteran—that must be lieve the reverse is true; a larger NATO re- Hungary from emigrating to West Germany. heard in support of NATO enlargement. flects a wider allegiance to our values. Vet- Within days of that announcement East Ger- We must remind America how the fiery erans of our European wars know the power man citizens started showing up in Budapest. hatreds of Europe drew us into World War I. of military alliances in deterring and defeat- Some 800 individuals, as I recall, were Too many failed to make it to the 11th hour ing a common enemy. It was the creation of ‘‘camping’’ in the yard at the West German of the 11th day of the 11th month, the anni- NATO in 1949 that halted Soviet designs on

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S785 Western Europe. It was the enlargement of John F. Kennedy once said, ‘‘A nation re- cific Fishery Management Council NATO with Greece, Turkey, West Germany, veals itself not only by the individuals it (PFMC) to report to Congress on this and Spain that helped to strengthen the wall produces, but also by those it honors, those issue by December, 1997. of democracy. And thanks to NATO, no it remembers.’’ Here, today, on behalf of American blood has been shed fighting an- every man and woman who serves in the De- The PFMC established an industry other war in Europe for more than 50 years. partment of Defense, let me say thank you committee to examine the issues, So enlarging NATO with Poland and Hun- to Birmingham. Thank you for remembering. which developed several options. At its gary and the Czech Republic is going to Too many Americans observe Veterans Day June meeting, the PFMC selected two carry that promise into the next century. in shopping malls. Too many school kids options for further development and re- Some argue that these countries aren’t think of Veterans Day as a holiday. Too few ferred them for analysis to the Tri- ready to bear the burdens of membership. cities pause to honor their native sons and But in the past few months, our national se- daughters—the quiet heroes of freedom. But State Dungeness Crab Committee curity leaders have visited these nations and not Birmingham. It is because of Bir- which operates under the Pacific they came away convinced that the Poles, mingham that America still keeps places in States Marine Fisheries Commission. the Hungarians, and the Czechs fully intend the world that are free. Every Veterans Day, After lengthy debate, the Tri-State to carry their responsibilities to contribute America reveals its commitment to our Committee recommended to the Coun- to the Alliance, not just benefit from it. armed forces by honoring and remembering Some argue that by enlarging NATO we cil that the Congress be requested to the sacrifices of America’s veterans. So I make the interim authority permanent are going to be creating new lines of division want to thank all the citizens of Bir- in Europe. But in fact, NATO is at the center with certain changes, including a clari- mingham for hosting this special event for 50 of a new dynamic in Europe that is rapidly years and for making veterans everywhere fication of what license is required for erasing these old lines and bridging over old feel like the heroes they are. And I want to the fishery, broader authority for the divisions. The mere prospect of jointing thank all our veterans for keeping our na- states to ensure equitable access to the NATO has unleashed a powerful impetus for tion safe and our citizens secure. God bless resource, and clarification of tribal peace on that continent. Old rivals have set- our veterans . . . God bless Birmingham . . . tled their historic disputes and they have rights. The Tri-State Committee and God bless the United States of America.∑ struck new accords and arrangements. Po- agrees that each state’s limited entry land and Lithuania, Poland and Ukraine, f laws should apply only to vessels reg- Hungary and Romania, Italy and Slovenia, DUNGENESS CRAB CONSERVATION istered in that state. I ask unanimous Germany and the Czech Republic—all have consent to include the report of the healed border disputes and other kinds of AND MANAGEMENT ACT ∑ Tri-State Dungeness Crab Committee controversies that in the past have erupted Mrs. MURRAY. Mr. President, soon and the membership list of the Com- into war. More than that, these old rivals are after the upcoming recess, I will join sealing these new ties by working together mittee in the RECORD following my re- my colleague, Senator SLADE GORTON, marks. in the conference rooms and the training to introduce the Dungeness Crab Con- fields under NATO auspices. On September 12, 1997, the PFMC Some argue that enlarging NATO is going servation and Management Act. The ocean Dungeness crab fishery in WA, unanimously agreed to accept and sup- to create new tensions and divisions in Rus- port the Tri-State Committee rec- sia and jeopardize Russia’s move to democ- OR, and CA has been successfully man- racy and its cooperation with the West. But aged by the three states for many ommendation. The Council agreed that in numerous actions, large and small, NATO years. The states cooperate on season the existing management structure ef- and Russia are forging new links to over- openings, male-only harvest require- fectively conserves the resource, that come these old divisions. NATO and Russian ments, and minimum sizes; and all allocation issues are resolved by the re- air forces are now making authorized obser- striction on application of state lim- vation flights over each other’s territory. three states have enacted limited entry programs. Although the resource dem- ited entry laws, that tribal rights are Last spring, NATO and Russia signed a protected, and that the public interest Founding Act that gives Russia a voice in— onstrates natural cycles in abundance, but not a vote or a veto over—NATO delib- over time the fishery has been sus- in conservation and fiscal responsi- erations. And for the past two years, Russian tained at a profitable level for fisher- bility after better served by the legis- and American troops have been serving to- men and harvesters with no biological lative proposal than by developing and gether in Bosnia, going out on joint patrols problems. implemeting a fishery management to settle disputes before they ignite into con- The fishery is conducted both within plan under the Magnuson-Stevens Fish- flict. state waters and in the federal exclu- ery Conservation and Management Act. Finally, there are those who claim that This legislation will fully implement NATO enlargement will cost too much. But sive economic zone (EEZ). Although alliances actually save money because they state landing laws restrict fishermen the Tri-State Committee recommenda- promote cooperation, interoperability, and to delivering crab only to those states tion and ensure the conservation and they reduce redundancy. Simply put, it costs in which they are licensed, the actual sound management of this important America less to defend our interests in Eu- harvest takes place along most of the West Coast fishery. rope if Poland, Hungary, and the Czech Re- West Coast, roughly from San Fran- I look foward to the Senate’s timely public are in alliance with us, just as it costs consideration of this bill. them less to defend their interests by joining cisco to the Canadian border. Thus, it hands in the alliance itself. And we estimate is not unusual for an Oregon-licensed REPORT OF THE TRI-STATE DUNGENESS CRAB that the cost to the United States each year fisherman from Newport to fish in the COMMITTEE TO THE PACIFIC FISHERY MAN- over the next decade will be less than one- EEZ northwest of Westport, WA, and AGEMENT COUNCIL ON OPTIONS FOR DUNGE- tenth of one percent of our defense budget. deliver his catch to a processor in NESS CRAB FISHERY MANAGEMENT, AUGUST The costs of enlarging NATO are meager Astoria, OR. 7, 1997 when weighed against the cost of potential In recent years, federal court deci- The Tri-State Dungeness Crab Committee instability and aggression in Europe if we met on August 6–7, 1997 to review the Pacific fail to enlarge. sions under the umbrella of U.S. versus George Marshall knew the cost of war in Washington have held that Northwest Fishery Management Council (PFMC) Anal- Europe. He said it is ‘‘spread before us, writ- Indian tribes have treaty rights to har- ysis of Options for Dungeness Crab Manage- ten neatly in the ledger, whose volumes are vest a share of the crab resource off ment. A list of the attending Committee members, advisors, and observers is at- grave stones.’’ Well, today, there are more Washington. To accommodate these than 70,000 such volumes written across Eu- tached. After completing that review, the rights, the State of Washington, has re- Committee discussed the merits of each op- rope, the grave stones of Americans who rest stricted fishing by Washington-licensed where they fell, liberating a continent. And tion and offered the following comments for so their sacrifice echoes down to us through fishermen. This led Washington fisher- PFMC consideration. the decades from the hillsides in Florence, men to request an extension of state There was general agreement within the from the sloping green in Luxembourg, from fisheries jurisdiction into the EEZ. The Committee that Option 1, No Action, would the dignified rows on a cliff overlooking the Congress partially granted this request not satisfy the current needs of the industry. Normandy shore. They did not serve, they during the last Congress by giving the There was unanimous opposition, however, did not sacrifice, they did not die for us so West Coast states interim authority among Oregon and California representatives that we could walk away from the lands that over Dungeness crab, which expires in to Option 3, Development of a Limited Fed- they freed. It’s their voices that we have to eral Fishery Management Plan (FMP). Wash- heed and the voices of every veteran of every 1999 (16 U.S.C. 1856 note). The Congress ington representatives were not strongly in conflict that we have ever fought. You know also expressed its interest in seeing a favor of a FMP, but viewed it as the only re- it is better to pay the price for peace than fishery management plan established alistic means to address their concerns for suffer the cost of war. for Dungeness crab and asked the Pa- the fishery. After an extended discussion, it

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S786 CONGRESSIONAL RECORD — SENATE February 12, 1998 was the consensus of the Committee that a Paul LaRiviere, Washington Department of In fact, it was Simon’s knowledge of real- modified version of Option 2, Extension of In- Fish and Wildlife, Montesano, WA world commerce that gave him an edge in terim Authority, was preferred. Neil Richmond, Oregon Department of Fish the intellectual wars. He knew firsthand There were three common themes that ap- and Wildlife, Charleston, OR about some things that many environ- peared during the discussion. No Committee OBSERVERS mentalists had only touched gingerly, like members believe that there should be fishing prices. If the real resource was the human in- Tom Kelly, WA Fisher, Westport, WA or processing of Dungeness crab in waters of tellect, Simon reasoned, and the amount of Mike Mail, Quinault Tribe, Taholah, WA the EEZ under PFMC jurisdiction by any human intellect was increasing, both quan- Nick Furman, Oregon Dungeness Crab Com- vessel not permitted or licensed in either titatively through population growth and mission, Coos Bay, OR∑ Washington, Oregon, or California. The Com- qualitatively through education, then the mittee generally accepted that additional f supply of resources would grow, outrunning tools beyond area closures and pot limits JULIAN SIMON demand, pushing prices down and giving peo- could be needed to address tribal allocation ple more access to what they wanted, with issues. Finally, the Committee also agreed ∑ Mr. ABRAHAM. Mr. President, I more than enough left over to deal with pol- that as a matter of fairness, vessels fishing would like to bring to my colleagues lution and congestion. In short, mankind alongside each other in an area should be attention an article by Ben Wattenberg faced the very opposite of a crisis. subject to the same regulations. On that on the recent passing of economist Ju- Simon rarely presented a sentence not sup- basis, the Tri-State Dungeness Crab Com- lian Simon. Dr. Simon, who I had the ported by facts—facts arranged in serried mittee recommends that: ranks to confront the opposition; facts about 1. The PFMC immediately request that pleasure of meeting, was a great lover forests and food, pollution and poverty, nu- Congress make the current Interim Author- of freedom and a strong advocate for clear power and nonrenewable resources; ity a permanent part of the Magnuson-Ste- free markets. He was a pioneer who facts used as foot soldiers to strike blows for vens Fishery Conservation and Management presented important research showing accuracy. Act, applying only to Pacific coast Dunge- the benefits of legal immigration. His In a famous bet, gloom-meister Paul Ehr- ness crab, with the following adjustments. research also demonstrated that the lich took up Simon’s challenge and wagered (a) delete the limitations listed in the cur- that between 1980 and 1990 scarcity would rent Section 2 of the Interim Authority so rationale for the type of population control practiced in many places in the drive resource prices up. Simon bet that that state regulations will apply equally to progress would push prices down. Simon won all vessels in the EEZ and adjacent State world is misguided and harmful. In the bet, easily. Mr. Ehrlich won a MacArthur waters; and other words, human beings are not Foundation ‘‘genius’’ grant. But the wheel (b) clarify the language in the current Sec- problems to be solved. Such positions turns, and we’ll see who’s a genius. Fortune tion 3B of the Interim Authority to prohibit never won him popularity contests magazine listed Simon among ‘‘the world’s participation in the fishery by vessels that among certain groups, but as The most stimulating thinkers.’’ Mr. Ehrlich are not registered in either Washington, Or- didn’t make the cut. egon, or California. Washington Times wrote of Julian 2. The PFMC defer action on a Dungeness Simon: ‘‘His forecasts about trends in Simon sensed the primacy of something crab FMP until March 1998 to determine resource availability, pollution and else that many environmentalists and crisis- whether Congress will be receptive to this other effects of additional people have mongers didn’t catch on to for a quite a extension of the Interim Authority. time: Human intellect could best be trans- been completely borne out by events.’’ formed into beneficial goods and services in Proposed draft bill language for an exten- A fitting epitaph. I ask that the arti- sion of the Interim Authority is attached. an atmosphere of political and economic lib- This recommendation is not made without cles by Ben Wattenberg and Julian erty. At the United Nations’ Mexico City reservations on both sides. Washington rep- Simon be printed in the RECORD. population conference in 1984 Simon winced, resentatives were reluctant to totally with- The articles follow: and counterattacked, when population draw consideration of a federal FMP option, [From The Wall Street Journal, Feb. 11, 1998] alarmists caricatured the Reagan-appointed in the event that efforts to extend the In- American delegation as promoting the idea MALTHUS, WATCH OUT terim Authority fail. They expressed little that ‘‘capitalism is the best contraceptive.’’ confidence that a request for Congressional (By Ben Wattenberg) It was not a good idea to ridicule capitalism, action would be successful. Representatives Julian Simon, who waged intellectual war or free markets, or human liberty, in Si- from Oregon were concerned that discrimi- on environmentalists and Malthusians, died mon’s presence. natory regulations could be enacted in the suddenly on Sunday. He would have been 66 Of course, rising living standards do tend future by other states that could effectively tomorrow, the day of his funeral. to depress fertility. Living standards do rise exclude them from participation on tradi- Simon could sometimes glow like an ex- faster under democratic market systems. tional fishing grounds. They preferred this posed wire, crackling with nervous intellec- Smart folks now know that the fruits of eco- risk over the involvement of federal agencies tual intensity. Privately, he had a soul of nomic growth can be used to diminish pollu- under a federal fishery management plan. purest honey. But by force of will, fueled by tion. You don’t hear much anymore about TRI-STATE DUNGENESS CRAB COMMITTEE his sizzling energy, Simon helped push a gen- how we’re running out of everything. (Next MEETING, ATTENDANCE—AUGUST 6–7, 1997, eration of Americans to rethink their views task: Simonize the Global Warmists.) PORTLAND, OR on population, resources and the environ- Finally, unlike many of his opponents, Ju- lian was a traditionalist. He did not work on COMMITTEE MEMBERS ment. By now it is clear that in this task he was largely successful. As the years roll on the Sabbath, and the Friday Sabbath dinner Dick Sheldon, Columbia River Dungeness he will be more successful yet, his work at the Simon house was always a gentle and Crab Fishermen’s Association, Ocean studied, and picked at, by regiments of grad- joyous celebration. Park, WA uate students. At rest on the Sabbath, Julian was inde- Ernie Summers, Washington Dungeness Crab His keystone work was ‘‘The Ultimate Re- fatigable the rest of the week, chasing his Fishermen’s Association, Westport, WA source,’’ published in 1981 and updated in 1996 precious facts. If Thomas Malthus is in heav- Larry Thevik, Washington Dungeness Crab as ‘‘The Ultimate Resource 2’’ (Princeton en, he’s in for an argument, laced with facts, Fishermen’s Association, Westport, WA University Press). Its central point is clear: facts, facts. Terry Krager, Chinook Packing, Chinook, Supplies of natural resources are not finite WA in any serious way; they are created by the [From the Wall Street Journal Tuesday, Paul Davis, Oregon Fisher, Brookings, OR intellect of man, an always renewable re- April 22, 1997] Bob Eder, Oregon Fisher, Newport, OR source. Coal, oil and uranium were not re- ANOTHER SURE BET ON EARTH DAY Tom Nowlin, Oregon Fisher, Coos Bay, OR sources at all until mixed well with human Stan Schones, Oregon Fisher, Newport, OR intellect. [By Julian L. Simon] Russell Smotherman, Oregon Fisher, The notion drove some environmentalists The message of Earth Day is uplifting Warrenton, OR crazy. If it were true, poof!—there went so today just as it was in 1970. But any reason- Joe Speir, Oregon Fisher, Brookings, OR many of the crises that justified their exist- able person who looks at the statistical evi- Rod Moore, West Coast Seafood Processors ence. From their air-conditioned offices in dence must agree that Earth Day’s original Association, Portland, OR high-rise buildings, they brayed: Simon be- scientific premises are simply wrong. Harold Ames, CA Fisher, Bodega Bay, CA lieves in a technological fix! The attacks Panic reigned during the first Earth Week. Mike Cunningham, CA Fisher, Eureka, CA often got personal: Simon’s doctorate was in The doomsaying environmentalists—among Tom Fulkerson, CA Fisher, Trinidad, CA business economics, they sniffed; he had whom the pre-eminent figure was Paul Ehr- Tom Timmer, CA Fisher, Crescent City, CA merely been a professor of advertising and lich—asserted that the oceans and the Great Jerry Thomas, Eureka Fisheries, Inc., Eure- marketing, and—get this—he had actually Lakes were dying; great famines were im- ka, CA started a mail order business and written a pending; the death rate would quickly in- ADVISORS book about how to do it. Never mind that he crease, due to pollution; and increasingly- Steve Barry, Washington Department of Fish also studied population economics for a scarce raw materials would reverse the past and Wildlife, Montesano, WA quarter century. centuries’ progress in the standard of living.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S787 Every ill was the result of exploding popu- Furthermore, the economic goodness or thority overturned from a single Con- lations in the U.S. and abroad. The doom- badness of many physical indicators is quite gress. sayers urged government-coerced birth con- unknown. Carbon dioxide makes the plants It is unfortunate that Congress is far trol, abroad and even at home. grow faster; more of it may be a good thing. too often overstepping its constitu- Of course none of those calamities have oc- And only two decades ago Mr. Schneider curred. Indeed, long before 1970, however, wrote a book about the imminent danger of tional bounds. It is unfortunate that most agricultural economists—led by Nobel global cooling, so perhaps a higher mean the courts have to rein Congress in Prize winner Theodore Schultz—had known temperature is not the demon he now warns from time to time, with increasing fre- that people throughout the world have been us of. quency as the Republican majority living longer and eating better since at least When I explain these ideas, Mr. Ehrlich loses its moorings, but that is the 1950 in the poor countries, and for two cen- baits me—on National Public Radio and else- thankless responsibility of the courts turies in the rich countries. Fewer people die where—by saying that I ‘‘chickened out’’ and under our system of checks and bal- of famine than a century ago. The real prices ‘‘ran.’’ The fact that these folks have to re- of food are lower than in earlier periods. ances. sort to such a switch-and-bait ploy reveals a I have come to this floor often in the All other raw materials, too: In the great lot about the strength of their position. 1963 book ‘‘Scarcity and Growth,’’ Harold The continuing influence of the failed fore- last several months to defend the judi- Barnett and Chandler Morse had documented casters among the media and policy makers ciary against shrill attacks. I come that prices had been declining throughout is frustrating. But it’s spring, so let’s look at today to offer my continuing gratitude history, signaling increased natural-resource the good news. There is every scientific rea- and respect for our co-equal branch of availability rather than growing scarcity. son to be joyful about the trends in Earth’s government. We are the envy of the Data showing improved cleanliness of air condition, and to be hopeful for humanity’s and purity of water in the rich countries had world in part because our free and inde- future. So we can safely ignore the scare sto- pendent judicial branch has served our been published before 1970. Since then the ries and have a Happy Earth Day. major air and water pollutions in the ad- country so well for more than 200 vanced countries have continued to abate f years. rather than worsen. And statistical studies TODAY’S LINE-ITEM VETO We should be doing more to keep it by Richard Easterlin and Nobel Prize winner DECISION that way, not less. We are finally be- Simon Kuznets had in 1967 shown there to be ginning to consider longstanding judi- no statistical evidence that population ∑ Mr. LEAHY. Mr. President, today, cial nominations to fill the vacancies growth hinders economic progress. Yet the the United States District Court for that plague the federal judiciary and environmental organizations, the press, and the District of Columbia has again held threaten the administration of justice. the Clinton administration still take as doc- the line-item veto unconstitutional. I trine exactly the same falsified ideas ex- We need to do more. We should con- pressed by the doomsayers in 1970. respect the decision of Judge Thomas sider without further delay the judi- Scientific opinion about population growth F. Hogan. I respect it not only because ciary’s requests for the resources that has now shifted away from the doomsayers’ his analysis is consistent with that they need. We should consider S. 678, apocalyptic views. In 1986 the National Acad- which led me to oppose this legislation the Federal Judgeship Act, which I in- emy of Sciences published a report on popu- when it was being considered by the troduced at the request of the Judicial lation growth and economic development Senate. I also respect it because it was Conference to provide an additional 55 prepared by a prestigious scholarly com- right as a matter of constitutional law mittee chaired by economists D. Gale John- judges where needed around the coun- son and Ronald Lee. It reversed almost com- and as a means to preserve the separa- try. We should act on S. 394, which I pletely the frightening conclusions of the tion of powers that is so central to the sponsored with Senator HATCH to previous NAS report in 1971. The expert checks and balances that preserve our unlink judicial salaries from our own. group found ‘‘no statistical association be- freedoms and liberty. We should consider and confirm quali- tween national rates of population growth We hear a lot of speeches around here fied nominees to the 83 vacancies to and growth rates of income per capita,’’ condemning judges. Here is a Judge the federal courts. though they hedged their qualitative judg- who has done his job and stood up for Finally, I hope that members of Con- ment a bit. The report found benefits of addi- the Constitution against the ill-advised tional population as well as costs. gress will rethink the rush to propose I’m sufficiently certain about these trends action of the political branches. amendment to our Constitution and that I’m willing to put my money where my It is not our independent federal judi- consider how well our fundamental mouth is. In 1980, Mr. Ehrlich and two associ- ciary that is upsetting the limits of charter serves us. We do not need to re- ates bet me that increasing scarcity would government and fundamental freedoms write the Constitution, we need to re- bring higher prices of raw materials. We of us all. Congress has shown a dan- spect it and act in accordance with its agreed to assess the trends in $1,000 worth of gerous tendency over the last few years design.∑ copper, chrome, nickel, tin, and tungsten for to ignore constitutional limits on Fed- ten years. I would win if resources grew more f abundant and thus cheaper, and they would eral legislative branch authority. Maybe it is Members of Congress who KATHLEEN JONES AND MOIRA win if resources became more expensive. At DELAHANTY—WINNERS OF THE settling time in 1990, the Ehrlich team sent need to read the Constitution and con- me a check for $576.07. The inflation-adjusted sider its wisdom. PRUDENTIAL SPIRIT OF COMMU- price of our basket of metals had declined The last week of its last term, the NITY AWARD AND CHRISTOPHER more than 40% over the bet period. United States Supreme Court struck VACHON, CHRISTOPHER More environmental and resource data are down three congressional actions as PAPPAJOHN, JOSEPH ALLISON, available nowadays. And a single bet proves unconstitutional, including the so- JUSTINE BARRETT, DISTIN- little. Hence I make the new broader bet GUISHED FINALISTS offer to any prominent doomsayer that just called Communications Decency Act about any trend pertaining to material and the Brady Act, both of which I ∑ Mr. SMITH of New Hampshire. Mr. human welfare will improve rather than get voted against. The Supreme Court President, I rise today to congratulate worse. The other person picks the trend(s)— withheld ruling on the line-item veto Kathleen Jones and Moira Delahanty life expectancy, a price of a natural resource, law at that time, because it held that who have achieved national recogni- some measure of air or water pollution, the the plaintiffs in that case were without tion for recieving the Prudential Spirit number of telephones per person, or what- standing to bring the challenge. It was of Community Award. I commend their ever—and chooses the area of the world, and just a matter of time and occasion. The the future year a decade or more hence. youthful spirit and aggressive drive to Professor Ehrlich and global-warming cli- decision by Judge Thomas Penfield improve the quality of life in New matologist Stephen Schneider have re- Jackson in the earlier case had Hampshire through community serv- sponded to my offer with a strategy one presaged the ruling today. The line- ice. might call switch-and-bait. They first switch item veto was and is unconstitutional. The award, presented by The Pruden- the subject from material human welfare, I proudly stand with Senator BYRD on tial Insurance Company of America in and offer to bet on a set of physical indica- this matter. partnership with the National Associa- tors such as sperm count, global tempera- I would ask Congress to step back tion of Secondary School Principals, ture, and levels of carbon dioxide and ozone. They call these elusive measures ‘‘indirect from this specific decision and consider recognizes young people who have indicators.’’ But they are not relevant. The how unprecedented this is: Four stat- shown a great deal of commitment and subject is economic welfare (including utes that do not comport with the con- dedication to improving their commu- health) and not atmospheric science. stitutional limits on congressional au- nity. As New Hampshire’s honorees,

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S788 CONGRESSIONAL RECORD — SENATE February 12, 1998 Kathleen and Moira will receive $1,000, Farmer on January 15, 1998, the birth- In the meantime, the Food and Drug a silver medallion and a trip in May to day of the Reverend Martin Luther Administration has already determined Washington, D.C., where they will join King, Jr., in a symbolic gesture that that it has authority and jurisdiction other honorees for four days of na- reminded us again of the value of free- over human cloning and has stated tional events. dom, and the debt we owe those who that it would act to prohibit any at- According to Kathleen, she wanted to sacrificed greatly for racial equality in tempt to clone a human being. In addi- make a difference in her community America. tion, professional organizations rep- and spend time helping others. As a re- Mr. President, James Farmer was resenting more than 64,000 scientists sult, she launched an environmental one of the six major civil rights leaders have voluntarily imposed upon them- group called Earth Service Corps. of the civil rights era, joining A. Philip selves a five-year moratorium on Today, the group has nearly 70 mem- Randolph, Roy Wilkins, Whitney human cloning. bers who help build and maintain hik- Young, John Lewis and Martin Luther Most importantly, as we take action ing trails, initiate and conduct recy- King, Jr. He helped establish, and later to ban the cloning of humans, I want to cling programs, and plant trees lead, the Congress of Racial Equality be sure that we do not also ban valu- throughout the state. Kathleen not (CORE). He was the father of the fa- able medical research that could lead only was the founder, but she also mous Freedom Rides through the to cures or treatments for the millions plans group meetings, serves as a liai- South. He organized and inspired. He of Americans suffering from cancer, son with community groups, and han- placed himself in great personal danger heart disease, diabetes, organ failure, dles all administrative work for the again and again. Today, he teaches Alzheimer’s disease, Parkinson’s dis- Corps. civil rights history to some very lucky ease, severe skin burns, and many Moira volunteers as an aide to a students at Mary Washington College other diseases that perhaps we haven’t swimming instructor with the local in Fredericksburg, Virginia. even identified yet. Scientists do not chapter of the American Red Cross. Last year, I was pleased to join Con- yet understand exactly how somatic She helps younger kids overcome their gressman JOHN LEWIS and others in cell nuclear transfer, the technique fears of water and then teaches them asking that the President award the used in cloning Dolly the sheep in to swim. She completed a special train- Medal of Freedom to James Farmer. Scotland last spring, worked. ing session and volunteered for one Last month, Lynda and I were privi- month over the course of two summers. leged to be at the White House when But medical researchers believe that Her love for teaching and her passion President Clinton officially presented this technology can be used to generate to help others overcome individual the Medal to Mr. Farmer. stem cells to treat disease. For in- fears is a great attribute I admire dear- Before the White House ceremony, stance, imagine being able in the not- ly. Congressman LEWIS and I prepared a so-distant future to repair the damage I also would like to salute four other tribute to James Farmer, which I ask to the cardiac muscle caused by a heart young people who were named Distin- be printed in the RECORD following my attack. Using stem cell technology, we guished Finalists by The Prudential remarks today. In this tribute, we may be able to replace damaged car- Spirit of Community Award and thank James Farmer for a lifetime of diac cells with healthy cells that would recieved the bronze medallion for their fighting for racial equality in America. then differentiate into cardiac muscle. outstanding volunteer service. They We challenge our nation to continue to I do not know whether this will ulti- are: Christopher Vachon, 14, Pinkerton learn from this great American hero— mately prove to work, but I believe we Academy in Derry, created several to continue to reach for a truly color- should continue to pursue this type of multimedia presentations to promote blind society—to finally lay down the research if it could help to save the driving safety among teenagers; Chris- burden of race.∑ lives of millions of Americans each year. topher Pappajohn, 16, Keene High f School, raised $40,000 with a group of The Nation’s scientific community friends to build a skate park in his HUMAN CLONING PROHIBITION has expressed deep concern that the town; Joseph Allison, 13, Hudson Me- ACT legislation before us, as currently morial Middle School, volunteers in his ∑ Mr. DORGAN. Mr. President, I want drafted, could halt stem cell research community for a variety of nearby or- to take a few minutes to explain why I and other related research that would ganizations; and Justine Barrett, 14, voted against cloture on S. 1601, the not lead to the cloning of human West Running Brook Middle School in Human Cloning Prohibition Act intro- beings. Everyone I have talked to Derry, helped collect money for the duced by Senators BOND, FRIST, LOTT, agrees that this is a complicated and needy through a Holiday Fund at her and GREGG. difficult issue. We need to proceed, but school. First of all, I want to state unequivo- we need to do so in the careful, consid- These extraordinary young people cally that I am against the cloning of ered way that has earned the Senate continue to keep alive the virtue of a human being. Cloning of a human the reputation of the ‘‘world’s greatest community service and inspire others child raises serious moral and ethical deliberative body.’’ to do the same. Their personal initia- questions about society’s perception of Mr. President, I ask that a New York tives, dedicated service and hard work human life. The National Bioethics Ad- Times editorial on this subject be have impacted the lives of many. In a visory Commission, after a thorough printed in the RECORD. review of the ethical and legal issues time when Americans seem to be less The editorial follows: involved in their communities, these involved, has recommended that Con- young Americans continue to defend gress enact legislation to prohibit the [From the New York Times, Feb. 10, 1998] and keep the community flame shining use of cloning to create a child, and I A SLAPDASH PROPOSAL ON CLONING brightly. Mr. President, I want to con- agree that Congress needs to act on The shock caused by the physicist Richard gratulate these individuals for their this issue. We should not, however, rush to Seed’s grandiose intention to clone human outstanding work and I am proud to beings may be about to cause more damage represent them in the U.S. Senate.∑ enact legislation that could do serious than anything Dr. Seed could do in the lab- f harm to other critical medical re- oratory. Senate Republicans are now rushing search. The legislation before the Sen- to enact a bill that would outlaw cloning a JAMES FARMER AWARDED THE ate today is only eight days old. The human embryo and, in the process, ban a val- PRESIDENTIAL MEDAL OF FREE- Senate Labor Committee and Senate uable technique that could potentially cure a DOM Judiciary Committee, which have ju- wide range of diseases. No wonder a slew of ∑ Mr. ROBB. Mr. President, while this risdiction over this bill, have not had scientific associations and high-tech indus- Congress was in recess, the President the opportunity to hold hearings on try groups are urging more carefully con- structed legislation. The sensitive scientific of the United States awarded the Presi- this specific legislation or the other and moral issues involved here require care- dential Medal of Freedom, our coun- bills that have recently been intro- ful handling, not grandstanding by politi- try’s highest civilian honor, to James duced, much less consider amendments cians more interested in pandering than in Farmer. The Medal was given to Mr. to the language. reaching a reasoned solution.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S789 Congress may ultimately want to impose of Carson/Roberts Advertising. His su- to raise money through several fund- limits on cloning, a technique that has ar- periors quickly recognized his innate raisers to come to Washington, D.C. As rived sooner than expected with the an- ability and work ethic, and promoted a result, the band accomplished their nouncement last year that Scottish sci- him to copywriter. Soon thereafter, he goal by implementing a plan and hav- entists had cloned a lamb from the cell of an adult sheep. That achievement, if it proves was an associate creative director with ing the right attitude and talent to practical in humans, would make it possible Young & Rubicam, eventually return- meet their goal. to take a cell from an adult and use it to ing to the East Coast. Onward and up- The Londonderry High School Lanc- produce a genetically identical twin many ward in the highly competitive busi- ers Marching Band with their classic years younger than the parent. A national ness of advertising to his present posi- red, white, and blue uniforms have per- bioethics commission, the biotechnology and tion as executive creative director of formed for audiences throughout the pharmaceutical industries and many sci- Bates USA, where he is responsible for country. To name a few, they played at entific groups have all called for a morato- the overall creative product of a $1.1 the Foxboro Stadium, home of the New rium on actually cloning a person until soci- billion agency. England Patriots in Boston, Massachu- ety has time to grapple with the ethical and setts, Nascar Winston Cup Series, and moral issues. Mr. Robertson, I might note, is a But the bill sponsored by the Republican neighbor of sorts. His office is in the for Good Morning America, an ABC Senators Christopher Bond, William Frist venerable Chrysler Building, a few Television Network. and Judd Gregg does not simply prohibit the floors below the suite which is my New I also want to recognize the London- use of cloning to produce a human embryo York City office. He has a lovely fam- derry community, for giving so much for implantation in the womb. It would also ily, including a daughter, Megan (just support in helping these young adults. prohibit use of the technique to produce ge- recently married); a son, Brendan (a I am well aware of the pride the com- netically identical tissues in the laboratory strapping young man presently in col- munity has for this talented band. It is to treat diseases or injuries where a person’s much easier to be successful when you existing cells are damaged or insufficient. lege); and another daughter, Charlotte (a star fourth-grader at the Nightin- have the support of others and the Such ailments include leukemia, diabetes, backing from friends and family. Alzheimer’s disease, spinal cord injury, heart gale-Bamford School). His wife, Linda, Mr. President, I want to congratulate attacks and severe burns, among others. is quite accomplished in her own right: all the students and the director on The Republicans contend that even these she produced the television commer- such a magnificent accomplishment approaches require creating what amounts cials commemorating the fiftieth anni- and I am proud to represent them in to an embryo in the laboratory and then ex- versary of the United Nations. perimenting on it to produce the desired tis- I would like to take this opportunity, the U.S. Senate. I also ask that a list sues. But that is a complex matter of defini- of the names of these outstanding stu- Mr. President, to join with Michael tions and techniques that requires careful dents be printed in the RECORD. Robertson’s family and friends too nu- evaluation. The Republican bill and others The list follows: on the subject have not even gone through merous to count in wishing him a very LONDONDERRY HIGH SCHOOL LANCER MARCHING committee hearings. When the matter comes happy fiftieth birthday. May it truly be BAND up for a floor vote this week, the Senate ∑ a jubilee. Scott Abernethy, Noura Alkhamis, Bridget should postpone action and demand more f Ambrose, Heather Applegate, Jordon Avalos, considered deliberation. It would be a shame Christina Belmonte, Matthew Blake, if the rush to ban cloning of people ended up LONDONDERRY HIGH SCHOOL Danielle Boshetto, Katie Broadhead, crippling biomedical research.∑ LANCER MARCHING BAND, PAR- Carolynne Camillieri, Greta Carlson, Sarah f TICIPANT IN THE WASHINGTON, Chretien, Ashley Clover, James Dahlfred, D.C., ST. PATRICK’S DAY PA- Jessica Davis, Arthur Decaneas, Tim 50TH BIRTHDAY OF MICHAEL B. RADE Desmarais, William Doss, Amanda Eaton, ROBERTSON ∑ Mr. SMITH of New Hampshire. Mr. Sheridan Farrah Jr., Bethany Ferreira, Na- ∑ Mr. MOYNIHAN. Mr. President, next President, I rise today to congratulate than Formalarie, Kim Garrison, Madelyn Wednesday, February 18, marks an aus- Gonzalez, Bridget Gugliotta, John Harding, the students of the Londonderry High Andrew Hatin, Tara Henry, Nik Janson, picious occasion: Michael B. Robert- School Lancers Marching Band for the Adam Keller, Kerry Kilpatrick, Joy son—a constituent—will turn 50. He distinguished honor of representing Arbruzese, Vanessa Allum, will become a quinquagenarian. Indi- New Hampshire in the Washington, Dan Anderson, Patrick Applegate, Sabrina viduals often approach this milestone D.C., St. Patrick’s Day Parade. All 201 Baker, Kristin Beltrimini, Suzanne Blundell, with some trepidation. That need not band members and Andrew Soucy, the Meleah Brackett, Candice Brown, Ashley be, for as Sir Richard Steele wrote, Band’s director, deserve special com- Carlson, Mike Carlson, Tim Christensen, ‘‘Age in a virtuous person, of either Sarah Cody, Katie Daneau, Dave Day, Robert mendation for their hard work and Decker Jr., Jenn Dillon, Kristen Dubois, sex, carries in it an authority which achievement. Michelle Eddy, Mike Fawcett, Greg Fisher, makes it preferable to all the pleasures These band members have proven Rachael Fryd, Leah Gaumont, Nicole of youth.’’ Now, Steele was all of 38 or that determination, hardwork and Gregorio, Kate Gunnery, Jason Harrington, 39 when he wrote that in 1711, but I can dedication are the hallmarks of success Kristen Hatin, Neil Huntemann, Elizabeth attest to the sentiment, having become both as musicians and students. Many Jones, Andrew Keller, Katie Klasner, Alex- a septuagenarian last March. More im- of the songs they play symbolize Amer- andra Adams, Allison Alper, Andrew Apple- portant, we learn from Leviticus 25:10 ican pride and forever keep patriotism gate, Ryan Arnold, Diego Batista, Erin that ‘‘Ye shall hallow the fiftieth year, Blake, alive through the language of music. Robyn Bookman, Christine Bradbury, Me- and proclaim liberty throughout all ‘‘Londonderry Ear,’’ also known as ‘‘Oh lissa Burns, Drew Carlson, Leslie Cast, Diana the land unto all the inhabitants there- Danny Boy,’’ is a hometown favorite Church, Rachel Cox, Abby Davidson, Karen of: it shall be a jubilee unto you.’’ that is also played in tribute to the Day, Barbara Deluca, Michelle Dillon, Dan Michael Robertson was born in Scot- Granite State and their home town. Dussault, Michael Edwards, Adam Fernald, land in 1948. But he ‘‘left fair Scot- I am indeed honored to have the Lon- Marc Flore, Dana Garrison, Jamie Gogla, land’s strand’’ at the age of six and donderry High School Lancer Marching Kirsten Griffiths, Chris Hajjar, Karen Har- moved with his family to the United Band representing New Hampshire with vey, Erin Hegarty, Kim Huston, Kristine Jones, Carin Kilar, States. He obtained a bachelor of arts their outstanding musical perform- Jason Krampfert, Kristen Krampfert, degree in English from Wilkes Univer- ances. I had the pleasure of meeting Danielle Levison, Greg Lufkin, Jaimie sity in Wilkes Barre, Pennsylvania in some of the band members, young men Machado, Caitlin Marrinan, Kaylie Matos, 1969. From there, as a young man, he and women, who have recognized their Katie McCarthy, Dary Mcgrath, Julia headed west, following the advice of own talents and continue to develop Mechachonis, Kim Mendonca, Paul Horace Greeley (actually, it was the them into something great. I am proud Mistovish, Tom Morse, Sarah Munday, Kim advice of John Babsone Lane Soule, in to say, this continual drive for perfec- Novielli, Elizabeth Oswald, Jason Pelletier, an article published in the Terre Haute Katie Piper, Tim Porter, Jennifer Reynolds, tion and aggressive strive for greatness Elizabeth Rockwell, Melissa Ross, Steven Express in 1851). are commendable characteristics Roy, Collean Scali, Shannon Scioscia, Anne His car and his funds made it to Los among Granite State students. Shea, Katie Silvius, Matthew Smith, Joseph Angeles. He had to find work, and These students not only attended Soucy, James Stewart, Ashley Taylor, Jamie ended up taking a job in the mailroom school and practice, but they also had Thomas, Mark Tuden, Marianne Vanagel,

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S790 CONGRESSIONAL RECORD — SENATE February 12, 1998 Christine Walker, Melissa Wills, Stephanie James Farmer and other CORE mem- As we celebrate the Martin Luther Young, Amanda Leitch, Ryan Levison, Dave bers staged our Nation’s first non- King Holiday on Monday, and as we Lymburner, Kelly Macneil, Joseph Martin, violent sit-in, which successfully de- honor James Farmer with the Presi- Jim Maxwell, Kerry McCarty, Caitlin segregated the Jack Spratt Coffee Shop dential Medal of Freedom, let us vow McIntire, Robert Mee, Eric Meyer, Emily Morgano, Eric Mosse, Colleen Murphy, in Chicago. to continue to learn. If we truly believe Cortiney Nye, Brian Paciulan, Jessica Five years later, in what he called in the idea of the beloved community Pelletier, Lindsay Piper, Toby Porter, David the ‘‘Journey of Reconciliation,’’ and an interracial democracy, we can- Poberson, Katherine Rork, Seana Roussel, James Farmer led other CORE mem- not give up. As a nation and a people, Amanda Rudy, Paul Schacht, Kayla Seaman, bers to challenge segregated seating on we must join together and strive to- Carly Sheehan, Dennis Slozak, Stephanie interstate buses. wards laying down the burden of race. Smith, Sarah Soucy, Jackie Sunderland, In 1961, James Farmer orchestrated And we must follow in the footsteps of Georgia Theodore, Robert Tobin, Jay and led the famous Freedom Rides a courageous leader, to whom, with the Vaccaro, Emily Violette, through the South, which are renown Presidential Medal of Freedom, we can Kerry Walton, Adam Wobrock, Victoria ∑ Zabierek, Amanda Lever, Jesse Lore, Drew for forcing Americans to confront seg- finally say: thank you, James Farmer. Macculloch, Dan Marchegiani, Lance Martin, regation in bus terminals and on inter- f state buses. In the spring of that year, Rachel McCarter, Shannon McCarty, Jen AUTHORIZING PRODUCTION OF McMahon, Dan Melnick, Deryc Miller, John James Farmer trained a small group of SENATE DOCUMENTS BY SENATE Morse, Jessica Moulton, Jessica Napier, freedom riders, teaching them to deal LEGAL COUNSEL Amanda Oswald, Enrique Paniagua, John with the hostility they were likely to Perry, Sue Plissey, Rebecca Predko, Mike encounter using nonviolent resistance. Mr. COVERDELL. Mr. President, I Roberson, Jennifer Ross, Melissa Roy, Jack This training would serve them well. ask unanimous consent that the Sen- Ryan, Andrew Schroeder, Matthew Sharpe, During the journeys, freedom riders ate proceed to the immediate consider- Tim Sheehan, Crystal Smith, Kevin Socha, ation of Senate Resolution 178, sub- Ethan Stern, Nicki Sweet, Sarah Thesse, were beaten. Buses were burned. When Peter Tomaselli, Jeff Vaccaro, Christina riders and their supporters—including mitted earlier today by Senators LOTT Vitale, Richard Williams, Renee Wright, James Farmer and the Reverend Mar- and DASCHLE. Scott Zdankiewicz.∑ tin Luther King, Jr.—were trapped dur- The PRESIDING OFFICER. The ing a rally in Montgomery’s First Bap- clerk will report the resolution. f The bill clerk read as follows: tist Church, Attorney General Robert A TRIBUTE TO AN AMERICAN Kennedy ordered U.S. marshals to A resolution (S. Res. 178) to authorize pro- FREEDOM FIGHTER duction of Senate documents and representa- come to their aid and protect them ∑ Mr. ROBB. Mr. President, as one man tion by Senate Legal Counsel in United States from the angry mob that had gathered f.u.b.o. Kimberly Industries, Inc., et al. v. Tra- who had the privilege to march and outside. falgar House Construction, Inc., et al. demonstrate alongside this dedicated In reflecting on the ride from Mont- The PRESIDING OFFICER. Is there pioneer during the Civil Rights Move- gomery, Alabama to Jackson, Mis- objection to the immediate consider- ment, and another who has long re- sissippi, James Farmer said, ‘‘I don’t ation of the resolution? spected his courage and is proud to rep- think any of us thought we were going There being no objection, the Senate resent him in the U.S. Senate, we both to get to Jackson * * * I was scared proceeded to consider the resolution. have enormous respect and admiration and I am sure the kids were scared.’’ Mr. LOTT. Mr. President, this resolu- for James Farmer. Now, all Americans He later wrote in his autobiography, tion concerns a contract dispute, pend- are being given the opportunity both to ‘‘If any man says that he had no fear in ing as a civil case in the United States learn more about this man and to ap- the action of the sixties, he is a liar. Or District Court for the Southern Dis- preciate his lifetime of contributions without imagination.’’ trict of West Virginia, between a sub- to our nation as a civil rights activist, James Farmer made it to Jackson contractor and the prime contractor community leader and teacher. and spent forty days in jail after he constructing a Department of Labor Yesterday, on the birth date of the tried to enter a white restroom at the Job Corps facility in Charleston, West Reverend Martin Luther King, Jr., bus station. On November 1, 1961, six Virginia. Prior to the litigation, the President Clinton presented the Presi- months after the freedom rides began, subcontractor, a West Virginia firm, dential Medal of Freedom, our coun- the Interstate Commerce Commission sought assistance from Senator BYRD’s try’s highest civilian honor, to fifteen ordered all interstate buses and ter- and Senator ROCKEFELLER’s offices in distinguished Americans. We are grate- minal facilities to be integrated. contacting the Labor Department re- ful that James Farmer, one of the ‘‘Big Six years ago, James Farmer told a garding the firm’s difficulties over pay- Six’’ leaders of the Civil Rights Move- reporter that while the fight against ment for its work on the project. In the ment and the father of the Freedom racism in the 1960’s ‘‘required tough civil lawsuit that has ensued between Rides, was among them. skulls and guts * * * now it requires in- the two contracting firms, the prime As the Nation prepares to officially tellect, training and education.’’ contractor has now requested that the celebrate the life and legacy of Dr. Not surprisingly, James Farmer con- offices of Senator BYRD and Senator Martin Luther King, Jr., it is also fit- tinues to do his part. Just as he taught ROCKEFELLER produce from their files ting that we join the President in rec- his freedom riders how to battle seg- copies of documents concerning the ognizing one of the great soldiers and regation over three decades ago, he has West Virginia Job Corps project. leaders of the Civil Rights Movement. taught civil rights history at Mary The constituent subcontractor firm In the 1940’s, while still in his early Washington College in Fredericksburg, has advised, through the Senate Legal twenties, James Farmer was already Virginia, for the past twelve years. He Counsel, that it has no objection to the leading some of the earliest nonviolent teaches his students how to remember release of its correspondence with the demonstrations and sit-ins in the Na- and how to learn from history. Senator’s offices. Thus, the usual prin- tion, over a decade before nonviolent James Farmer has, in truth, spent a ciple of constituent confidentiality is tactics became a vehicle for the mod- lifetime teaching America the value of not implicated here. However, as is ern Civil Rights Movement in the equality and opportunity. He has often the case when a constituent re- South. taught America that its most volatile ports difficulties in dealing with an ex- Early in his academic career, James social problems could be solved non- ecutive agency, Senator BYRD’s office Farmer became interested in the violently. He has reminded us of the and Senator ROCKEFELLER’s office have Ghandian principles of civil disobe- countless acts of courage and convic- advised that their constituent’s com- dience, direct action, and nonviolence. tion needed to bring about great munications regarding this matter in- In 1942, at the age of 22, he enlisted an change. He has shown us the idealism formed the Senators’ consideration of interracial group, mostly students, and needed to act and the pragmatism potential alternatives to address the founded the Congress of Racial Equal- needed to succeed. His respect for hu- problem, including undertaking legis- ity (CORE), with the goal of using non- manity and his belief in justice will lative or oversight action regarding the violent protest to fight segregation in forever inspire those of us privileged to Labor Department’s construction pro- America. During these early years, call him mentor and friend. gram and procurement procedures. In

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — SENATE S791 order to protect Senators’ ability to Whereas, when it appears that evidence UNANIMOUS CONSENT AGREE- undertake their legislative responsibil- under the control or in the possession of the MENT—CAMPAIGN FINANCE RE- ities free from interference and ques- Senate may promote the administration of FORM tioning, the Speech or Debate Clause of justice, the Senate will take such action as will promote the ends of justice consistently Mr. COVERDELL. At 3 p.m. on Mon- the Constitution privileges from com- with the privileges of the Senate: Now, day, February 23, 1998, I ask unanimous pelled production in court proceedings therefore, be it consent that the Senate proceed to the materials from Senators’ files relating Resolved That the offices of Senator Byrd campaign finance reform legislation, as to the legislative sphere. and Senator Rockefeller are authorized to outlined in the consent agreement of Nevertheless, Senators BYRD and produce documents in the case of United October 30, 1997. ROCKEFELLER are willing to provide to States f.u.b.o. Kimberly Industries v. Trafalgar The PRESIDING OFFICER. Without the parties in this case copies of docu- House Construction except concerning mat- objection, it is so ordered. ments reflecting their offices’ role, to ters for which a privilege or objection should the extent that they may properly do be asserted. f so without impairing the important in- SEC. 2. That the Senate Legal Counsel is authorized to represent employees of the ORDER FOR ADJOURNMENT terests underlying the Senate’s con- Senator Byrd and Senator Rockefeller in stitutional privileges. In view of the Mr. COVERDELL. Mr. President, if connection with any subpoena or request for there is no further business to come be- subcontractor’s lack of objection, the documents or testimony in United States Senators also have no objection to fur- f.u.b.o. Kimberly Industries v. Trafalgar House fore the Senate, I now ask that the nishing copies of their correspondence Construction. Senate stand in adjournment, under with the subcontractor. In addition, the previous order, following the re- both Senators would like to provide f marks of Senator LAUTENBERG and Senator SPECTER. the records of their communications ORDERS FOR FRIDAY, FEBRUARY The PRESIDING OFFICER. Without with the Labor Department regarding 13, 1998 this matter. Consistent with the over- objection, it is so ordered. riding importance that the Constitu- Mr. COVERDELL. Mr. President, I The Senator from New Jersey is rec- tion recognizes in fostering unimpeded ask unanimous consent that when the ognized. communications between Senators and Senate completes its business today, it (The remarks of Mr. LAUTENBERG their staffs concerning matters of po- stand in adjournment until the hour of pertaining to the introduction of the tential legislative action, the Senators 10 a.m. on Friday, February 13, for a legislation are located in today’s will not waive their legislative privi- pro forma session only and imme- RECORD under ‘‘Statements on Intro- leges for their offices’ internal records diately the Senate stand in adjourn- duced Bills and Joint Resolutions.’’) and work product. ment until Monday, February 23, as The PRESIDING OFFICER. Under Accordingly, this resolution would under the provisions of H. Con. Res 201, the previous order, the Senator from authorize Senator BYRD’s and Senator the adjournment resolution. Pennsylvania is recognized. ROCKEFELLER’s offices to produce docu- The PRESIDING OFFICER. Without Mr. SPECTER. Mr. President, I ments in this case, except where a objection, it is so ordered. thank the Chair. privilege or objection should be as- f f serted. The resolution also would au- thorize the Senate Legal Counsel to ORDERS FOR MONDAY, FEBRUARY IRAQ represent employees in Senator BYRD’s 23, 1998 Mr. SPECTER. Mr. President, I have and Senator ROCKEFELLER’s offices, Mr. COVERDELL. Mr. President, I sought recognition, and as the final should such representation become ask unanimous consent that on Mon- speaker before we adjourn for a recess, necessary to protect the Senate’s privi- day, immediately following the prayer, I am going to comment about the situ- leges in connection with this matter. ation in Iraq. Mr. COVERDELL. Mr. President, I the routine requests through the morn- ing hour be granted, and the Senate It had been my hope that the Con- ask unanimous consent that the reso- gress might have addressed this issue. lution be agreed to, the preamble be then proceed to the reading of Presi- dent Washington’s Farewell Address by But it is obvious now that we will not. agreed to, the motion to reconsider be I think that the Congress—at least the Senator LANDRIEU. laid upon the table, and that any state- Senate—is not addressing the issue be- ments relating to the resolution appear The PRESIDING OFFICER. Without objection, it is so ordered. cause there is not clear-cut agreement at this point in the RECORD. in this body as to how to proceed. The PRESIDING OFFICER. Without Mr. COVERDELL. Mr. President, I ask unanimous consent that, following My own view is that an air attack objection, it is so ordered. and a missile attack, if one is to be car- The resolution (S. Res. 178) was the reading, the Senate proceed to a period for the transaction of morning ried out, constitutes an act of war. And agreed to. under the Constitution that requires The preamble was agreed to. business until 3 p.m., with Senators Congressional authorization. The The resolution, with its preamble, is permitted to speak therein for up to 10 President is authorized as the Com- as follows: minutes each. mander in Chief—and there is only one S. RES. 178 The PRESIDING OFFICER. Without Commander in Chief, and it is obvious Whereas, in the case of United States f.u.b.o. objection, it is so ordered. Kimberly Industries v. Trafalgar House Con- that where the 535 Members of the Con- struction, Civil Case No. 97–0462, pending in f gress cannot agree upon a program the United States District Court for the that we are not committed to be the Southern District of West Virginia, docu- PROGRAM executive. That is why we have an ex- ments have been requested from the offices Mr. COVERDELL. Mr. President, in ecutive. But still the Constitution re- of Senator Robert C. Byrd and Senator John conjunction with the previous unani- quires that war would be declared only D. Rockefeller IV; mous consent agreements, tomorrow by an act of Congress. And I think the Whereas, by the privileges of the Senate of the Senate will be in a pro forma ses- international law interpretations make the United States and Rule XI of the Stand- ing Rules of the Senate, no evidence under sion only. Upon the return from the it plain that military action, like air the control or in the possession of the Senate President’s Day recess on February 23, attack or missile attack, does con- may, by the judicial process, be taken from the Senate will reconvene at 12 noon, stitute an act of war. such control or possession but by permission and following Senator LANDRIEU’s read- I believe that we have not yet seen a of the Senate; ing of George Washington’s Address, clear definition of U.S. objectives as to Whereas, pursuant to sections 703(a) and the Senate will be in a period for morn- what we are seeking to accomplish. My 704(a)(2) of the Ethics in Government Act of ing business until 3 p.m. No rollcall sense is that the American people are 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the Senate may direct its counsel to represent votes will occur during the Monday, not prepared for what may occur. employees of the Senate with respect to any February 23, session of the Senate. I make it a practice, as I know the subpoena, order, or request for evidence re- Members can anticipate rollcall votes Chair does, of having open house town lating to their official responsibilities; after 2:15 p.m. on Tuesday, February 24. meetings. And I had three this week—

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There is great concern among wherever I went I heard concerns about ratification by the Israeli electorate on my constituents—those whom I have the projection of American power and the Golan Heights, something about talked to there and other places—of concerns about the Iraqi civilian popu- which only Israel could make a deci- not having an idea as to precisely what lation, not Saddam Hussein, but con- sion for themselves considering all the we are going to accomplish. cern about the Iraqi civilian popu- security factors, and the issue with the It is my hope, if action is to be lation. It is an odd quirk of history Palestinians much more difficult, the taken, that before any action is taken that after the great success of the Israel-Palestine crack. But here I think the President of the United States will United States, the coalition put to- personal Presidential involvement address the American people and will gether by President Bush, which was a might be very successful. I think there identify the goals as he sees them and masterful job, President Bush is in has been the absence of that, where we evaluate our likelihood of attaining Houston and Saddam is still in Bagh- find ourselves with only Great Britain those goals so that the people of the dad running Iraq. at our side now as we look to action United States will be prepared and un- I have spoken with some frequency against Iraq. I have heard what the derstand what is going to happen. But on the question of greater personal Secretary of Defense has had to say, I do not see at this date how there can Presidential involvement in inter- and I have total respect and confidence be public support for an attack in the national dispute resolution, a subject in Secretary Cohen based on the 16 absence of informing the American that I have discussed personally with years that I worked with him in the people, preparing them and having a the President. It is my view that Presi- Senate. But he alone cannot carry the public dialog on the subject. The Con- dent Clinton can leave the Department Executive burden in this matter. gress is speaking loudly by not speak- of Agriculture to Secretary Glickman On the information at hand, we do ing at all on a resolution to authorize and the Department of the Interior to not have the cooperation of others in a the use of force against Iraq. Secretary Babbitt, and so forth, but military attack. I think that has to be In 1991, on January 10, this body au- only the President of the United States weighed very carefully. I do think that thorized the use of force. I was at the can wield the enormous power that there are alternatives. I do think that forefront arguing that force should be comes from the Presidency. the issue of a blockade is something used at that time. We had an extended In 1995, Senator Brown and I spoke to that might bring Saddam Hussein, if debate. The Congress—the Senate spe- Prime Minister Gowda of India, who not to his knees, to a greater economic cifically—was complimented for having said to us that he hoped the subconti- impasse. It would be my hope that be- a classic debate on what our vital na- nent could become nuclear free. The fore action is taken which constitutes tional interests were and how we next day we passed that information on an act of war, the issue would be de- should respond. I do believe that we to Prime Minister Benazir Bhutto of bated by the Senate and by the House have a vital national interest in what Pakistan, who asked us if we had it in of Representatives and an appropriate is going on in Iraq at the present time. writing. We told her, of course, we did resolution would be put before us to I do believe that there are great dan- not. But we asked her when she had have the appropriate constitutional au- gers posed by Saddam Hussein and by last talked to the Prime Minister of thorization. his weapons of mass destruction. India. She said, ‘‘We don’t talk.’’ I know that many of our colleagues I had an opportunity back in January That night Senator Brown and I ca- have spoken on this matter in the of 1990—just 8 years ago on a trip with bled President Clinton with those course of the last several days, and as Senator RICHARD SHELBY—to talk to views fresh in our mind, urging the the last speaker in the Senate before Saddam Hussein. It is not an easy mat- President to call those Prime Ministers we go to adjournment, I did want to ter to deal with Saddam Hussein, as we to the Oval Office; nobody turns down make these comments for whatever have seen. There is some talk that Sad- an invitation to the Oval Office. And consideration the President and the dam Hussein ought to be toppled. But later talking to the President, he said, Executive may choose to make of the air attacks, the missiles, and the well, I intend to do that after I am re- them. planes will not accomplish that. It is elected. I have talked to him since, and NOMINATION OF JUDGE MASSIAH-JACKSON plain at this juncture that there is no it has not yet happened. Mr. SPECTER. Mr. President, I did positioning of the kind of ground forces I think the President did an out- not have an opportunity yesterday necessary to topple Saddam Hussein. standing job, and I compliment him on after the Majority Leader announced Even as to the air attacks, it is plain the negotiations in the Mideast in the the resolution of the proceedings as to that we will not destroy all of Saddam 1995 timeframe where the President the pending nomination of Judge Hussein’s weapons of mass destruction. and the Secretary of State, Warren Massiah-Jackson for the United States The question is: How will Saddam Christopher, almost brokered an agree- District Court for the Eastern District Hussein come out of whatever military ment between Syria and Israel. When I of Pennsylvania. I sought recognition force we use? I am very much con- met with the President in mid-Decem- to speak with unanimous consent for cerned that he may come out a martyr. ber before my trip to the Mideast, I up to 1 minute, and there was an objec- Certainly the lack of support for the urged him to become active again on tion levied so I was not able to talk at United States raises major questions as that track of the peace process because that time. to how the rest of the world views this I think the parties are very close. I cannot limit my remarks to a sin- issue. I had a chance to talk to Prime Min- gle minute today because there are On my travels—and I have traveled ister Netanyahu and President Assad other things to be commented upon, extensively, Mr. President, in my ca- in August-November of 1996, and they but I believe that the referral of this pacity as Chairman of the Senate Intel- were pretty far apart. Prime Minister matter to the Judiciary Committee is ligence Committee in the 104th Con- Netanyahu said that he wanted to re- the appropriate course of conduct. Not- gress, and my work on the Foreign Op- sume peace negotiations but he had a withstanding my continuing efforts to erations Subcommittee—I have found new mandate, he wanted to start fresh. set forth the facts, my own personal that there is great admiration for the President Assad of Syria said that he activities have been grossly inac- United States around the world. People would want to start negotiations but curately reported. all over the globe admire our economic would want to pick up where he, or First, it is President Clinton who has achievements. They admire our values. Syria, and Prime Minister Rabin left recommended Judge Massiah-Jackson They admire our freedom, and the suc- off before Prime Minister Rabin’s as- for the Federal court. That is the cess of our free enterprise system. But sassination in November of 1995. In President’s nomination. It is not my there is also a touch of concern about talking to them last month the words nomination or the nomination of Sen- abuse of power or excessive use of were about the same but the music was ator SANTORUM. It is true that power, perhaps arrogance. And, we different. Massiah-Jackson was cleared by a non- have to evaluate that very carefully in I think that Presidential involve- partisan panel appointed by Senator what we do as to Iraq. ment there might find success, espe- SANTORUM and me, but that approval

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MARIO GOICO, 0000 does not involve any personal activity facts and make a decision as to wheth- JAMES W. GRAVES, 0000 or action by either of the Senators. er she is to be confirmed or whether ROBERT S. GRAVES, 0000 Second, in my capacity as a member ROBERT A. GUALTIERI, 0000 she should be rejected. I thank the LYNN M. GULICK, 0000 of the Senate Judiciary Committee and Chair for the courtesy and I yield the ADELINE F. HAMMOND, 0000 REDMOND H. HANDY, 0000 since Judge Massiah-Jackson is a con- floor. JOHN S. HANSEN, 0000 stituent, I have vigorously sought to ALBERT S. HARTMAN III, 0000 f THOMAS W. HARTMANN, 0000 see that she received fair treatment, THOMAS B. HAYTHORN, 0000 just as I did when the Judiciary Com- ADJOURNMENT UNTIL 10 A.M. ROSEMARY A. HEREDY, 0000 TOMORROW PATRICIA HOLDERNESS, 0000 mittee considered the nomination of RICHARD C. HOLLOMAN, 0000 Justice Clarence Thomas. The PRESIDING OFFICER. The Sen- KENNETH K. HSU, 0000 GARY C. HUCKABAY, 0000 Third, I have made a public commit- ate, under the previous order, will DORIS E. HUNOLT, 0000 ment to review all the matters sub- WILLIAM W. HURD, 0000 stand adjourned until 10 a.m., Friday, PHILIP D. INSCOE, 0000 mitted by her opponents before casting February 13, 1998. JEFFREY W. IPPOLITO, 0000 my vote on the Senate floor. CANDACE A. JACOBS, 0000 Thereupon, the Senate, at 5:31 p.m, DANIEL G. JARLENSKI, JR., 0000 Fourth, I have been proactive in adjourned until Friday, February 13, ARMAS J. JASKEY, JR., 0000 seeking all the facts against her con- DAVID E. JOHNSON, 0000 1998, at 10 a.m. PERRY C. JOHNSON, 0000 firmation as well as all of the facts of KENNETH I. JOHNSTON, 0000 those who support her. f ALLAN M. JONES III, 0000 LEONARD R. KIGHT, 0000 The charge has been made that I NOMINATIONS RAYMOND F. KNAPP, 0000 made a ‘‘deal’’ with the White House to ELAINE L. KNIGHT, 0000 appoint Judge Massiah-Jackson in ex- Executive nominations received by ROBERT E. KOENEN, 0000 the Senate February 12, 1998: MARK V. KOLLEDA, 0000 change for the appointment of Judge CRAIG W. KUEBKER, 0000 IN THE NAVY HUGH K. LANCASTER, JR., 0000 Bruce Kauffman, who was sworn into FREDERICK K. LANGE, 0000 the United States District Court on THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT CAROL A. LEE, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED ALAN F. LEHMAN, 0000 January 20. The facts are that I am UNDER TITLE 10, U.S.C., SECTION 624: RALPH F. LIEBHABER, 0000 party to an arrangement for Repub- To be rear admiral JOHN L. LITZENBERGER, JR., 0000 licans to receive one nomination for DENNIS E. LUNDQUIST, 0000 REAR ADM. (LH) KEITH W. LIPPERT, 0000 ROBERT W. MARCOTT, 0000 the district courts for every three REAR ADM. (LH) PAUL O. SODERBERG, 0000 DEBRA L. MATTHEW, 0000 SHERYL M. MAY, 0000 Democrats who are nominated, an ar- THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT MARYJO MAZICK, 0000 rangement identical with that now ap- IN THE NAVAL RESERVE TO THE GRADE INDICATED NEAL F. MCBRIDE, 0000 plicable to the State of New York. But UNDER TITLE 10, U.S.C., SECTION 12203: LINDA L. MCHALE, 0000 To be rear admiral CHRISTOPHER C. MEARS, 0000 I am not under any obligation to sup- JEFFREY S. MEINTS, 0000 port any specific nominee, nor anybody REAR ADM. (LH) MARTIN E. JANCZAK, 0000 KATHY S. MEISETSCHLEAGER, 0000 REAR ADM. (LH) PIERCE J. JOHNSON, 0000 NELSON L. MELLITZ, 0000 submitted by the White House from the REAR ADM. (LH) LARY L. POE, 0000 GERALD F. MICHELETTI, 0000 REAR ADM. (LH) MICHAEL R. SCOTT, 0000 DONALD R. MICHELS, 0000 Democratic ranks. I am not under any JIMMY W. MILLER, 0000 obligation to support anyone, including THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT WILLIAM F. MORGAN, JR., 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED KENNETH J. MORRIS, 0000 Judge Massiah-Jackson, if I conclude UNDER TITLE 10, U.S.C., SECTION 624: GEOFFREY C. MORRISON, 0000 the person is not qualified. To be rear admiral (lower half) PATRICIA A. MORRISON, 0000 When Judge Massiah-Jackson’s nomi- RAFIK D. MUAWWAD, 0000 CAPT. (LH) KATHLEEN L. MARTIN, 0000 BRIAN D. MUDD, 0000 nation was announced by the President CARLYN R. MUNN, 0000 IN THE AIR FORCE KATHLEEN M. MURRAY, 0000 on July 31, 1997, there were rumors of MARK D. NICKERSON, 0000 opposition, and in order to try to find THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT MAUREEN OMALLEY, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE AIR JON M OWINGS, 0000 out what the facts were in opposition, FORCE UNDER TITLE 10, U.S.C., SECTION 12203: LOUIS E. PAPE II, 0000 Senator SANTORUM, Senator BIDEN and To be colonel JAMES L. PARTINGTON, 0000 GREGORY B. PAVLIN, 0000 I held a hearing in Philadelphia on Oc- JOHN R. ABEL, 0000 LINDA K. PEARCE, 0000 tober 3. All of the witnesses who testi- JOAN M. ABELMAN, 0000 WAYNE F. PETITTO, 0000 GRANT O. ADAMS, 0000 SUSAN J. POTTER, 0000 fied favored Judge Massiah-Jackson, ELIZABETH Z. ANDERSON, 0000 THOMAS G. POTTS, 0000 including five of her colleagues from EDWARD L. ANGEL, 0000 PAMELA E. PRETE, 0000 ENRIQUE ARROYO, 0000 GARY P. PRICE, 0000 the Common Pleas bench. SISSAY AWOKE, 0000 WILLIAM M. PRICE, 0000 Mayor Rendell, who had been district GARY M. BAGLIEBTER, 0000 RODOLFO C. PRUNEDA, 0000 HILMAR H. BARTELS, 0000 ROCKY R. QUINTANA, 0000 attorney for 3 of her 7 years on the JOHN BARTUS, 0000 SANDRA B. RAUSCH, 0000 criminal bench, was enthusiastically in MARK R. BASSETT, 0000 CHARLES E. REED, JR., 0000 JAMES B. BECHTEL, 0000 JOHN D. REED, 0000 support of her nomination. Then the JAMES A. BOUSKA, 0000 HAROLD G. REPASKY, 0000 Judiciary Committee held its formal MICHAEL D. BRATLIEN, 0000 CLAIR D. REPPLE, 0000 DONALD C. BROWN, 0000 SHIRLEY RIBAK, 0000 hearing on October 29, and again no JEFFERY W. BRYANT, 0000 WILLIS T. RICHIE, JR., 0000 witnesses opposed her. Senator KYL, MICHAEL J. BUNDSHUH, 0000 DAVID C. RIDER, 0000 ROBERT E. BURGY, 0000 BARBARA U. RILEY-CUNNINGHAM, 0000 Senator SESSIONS and I questioned her JOHN B. BURROUGHS, JR, 0000 CRAIG M. RIRIE, 0000 closely on her record, and on November BENTON L. BUSBEE, 0000 BARRY K. ROBERTS, 0000 SUSAN T. BUSLER, 0000 JAMES B. ROBERTS, JR., 0000 6 she was reported out of the Com- FRANK L. BUTLER III, 0000 JULIO E. ROLDAN, 0000 mittee by a vote of 12 to 6. JAMES R. CALLARD, 0000 WILLIAM F. ROLLIN, 0000 BLANCHE A. CASEY, 0000 ROBERT D. ROSENBLOOM, 0000 Thereafter, when district attorneys JOE E. CASLER, 0000 DAVID B. ROSS, 0000 from Pennsylvania raised objections, PATRICIA S. CHRISTIE, 0000 ROARK M. ROSSON, 0000 RANDALL B. CLARK, 0000 KENTON E. RUDICEL, 0000 Senator SANTORUM and I took a THOMAS A. CLARKE, 0000 JAMES H. RUFFNER, 0000 proactive position to meet those dis- SYLVIA L. COLEMAN, 0000 DIANE M. RUSSELL, 0000 GEORGE R. COOK, 0000 RONALD A. RUTLAND, 0000 trict attorneys, and we heard them out GEORGE J. COYLE, JR., 0000 RICHARD S. SCHMIDT, 0000 on January 23. I then arranged to get ERIC W. CRABTREE, 0000 HARRY W. SCHONAU III, 0000 EDWARD F. CROWELL, 0000 KEVIN M. SCHROEDER, 0000 all of their opposing cases by January WILLIAM R. CULVER, 0000 RONALD R. SEE, 0000 30, with an opportunity for Judge JAMES H. DEATLEY, 0000 JAMES L. SELZER, 0000 JAMES D. DESHEFY, 0000 KENNETH R. SETTLE, 0000 Massiah-Jackson to respond, and that EDWARD D. DINGIVAN, 0000 ROBERT D. SHANKS, JR., 0000 is what we await at the present time. DONNA K. DOUGHERTY, 0000 RICHARD V. SHAWLEY, 0000 JAMES M. EITEL II, 0000 JEFFREY J. SHORT, 0000 As a matter of fundamental fairness, MARC I. EPSTEIN, 0000 CARL M. SKINNER, 0000 she is entitled to that hearing. MARIANNE G. FARRAR, 0000 JOHN M. SMILEY, 0000 So, I think the Senate has taken the DONALD E. FLETCHER, JR., 0000 GARY W. SMITH, 0000 JOHN C. FOBIAN, 0000 SANDRA E. SMITHPOLING, 0000 appropriate stand to have the hearing, KEITH R. GABRIEL, 0000 GREGORY K. SPACKMAN, 0000 and those who object will hear what ANITA R. GALLENTINE, 0000 MICHAEL C. STAMPLEY, 0000 DANIEL D. GAMMAGE, 0000 NORMAN P. STEELE, JR., 0000 Judge Massiah-Jackson has to say and JAMES A. GEBHARDT, 0000 EDWARD S. STOKES III, 0000 then I, as a juror, along with my col- STEVEN J. GENTLING, 0000 WILLIAM H. STROM, 0000 DANIEL P. GILLEN, 0000 WILLIAM N. STRYKER, 0000 leagues, will take a look at all of the LARRY N. GOFF, 0000 LAURA A. TALBOT, 0000

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00115 Fmt 4624 Sfmt 9801 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S794 CONGRESSIONAL RECORD — SENATE February 12, 1998 PAUL M. TORPEY, 0000 THE JUDICIARY pear and testify before any duly con- SHEILA LYNN BUCKLEY TOW, 0000 JOHN W. TURNER, 0000 MICHAEL B. THORNTON, OF VIRGINIA, TO BE A JUDGE stituted committee of the Senate. THOMAS J. UNDERWOOD, 0000 OF THE UNITED STATES TAX COURT FOR A TERM OF FIF- MAUREEN A. VACCARO, 0000 TEEN YEARS AFTER HE TAKES OFFICE. f DANIEL J. VICIAN, 0000 CHARLES T. VONO, 0000 DEPARTMENT OF THE TREASURY WITHDRAWALS TAKESHI WAJIMA, 0000 DAVID D. WALLS, JR., 0000 DONALD C. LUBICK, OF MARYLAND, TO BE AN ASSIST- Executive messages transmitted by JANE D. WEAVER, 0000 ANT SECRETARY OF THE TREASURY. SUSAN J. WENTZELL, 0000 the President to the Senate on Feb- RONALD E. WHITCOMB, 0000 THE JUDICIARY ruary 12, 1998, withdrawing from fur- KENNETH F. WIEGAND, JR., 0000 DAVID W. WOLLENBURG, 0000 L. PAIGE MARVEL, OF MARYLAND, TO BE A JUDGE OF ther Senate consideration the fol- TIMOTHY W. WROTEN, 0000 THE UNITED STATES TAX COURT FOR A TERM OF FIF- lowing nominations: LINDA J. WYSE, 0000 TEEN YEARS AFTER SHE TAKES OFFICE. MICHAEL J. YASZEMSKI, 0000 THE JUDICIARY HELENE R. YOSKO, 0000 EXECUTIVE OFFICE OF THE PRESIDENT LYNNE R. LASRY, OF CALIFORNIA, TO BE UNITED RICHARD W. FISHER, OF TEXAS, TO BE DEPUTY UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT f STATES TRADE REPRESENTATIVE, WITH THE RANK OF OF CALIFORNIA, VICE JOHN S. RHODES, SR., RETIRED, AMBASSADOR. WHICH WAS SENT TO THE SENATE ON FEBRUARY 12, 1997. CONFIRMATIONS JOHN H. BINGLER, JR., OF PENNSYLVANIA, TO BE The above nominations were ap- UNITED STATES DISTRICT JUDGE FOR THE WESTERN Executive nominations confirmed by proved subject to the nominees’ com- DISTRICT OF PENNSYLVANIA, VICE MAURICE B. COHILL, JR., RETIRED, WHICH WAS SENT TO THE SENATE ON the Senate February 12, 1998: mitment to respond to requests to ap- JULY 31, 1997.

VerDate Mar 15 2010 00:44 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00116 Fmt 4624 Sfmt 9801 E:\1998SENATE\S12FE8.REC S12FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 12, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E159 EXTENSIONS OF REMARKS

TELECOMMUNICATIONS ACT OF photographic film and paper market. Eastman zations, Mrs. McCloud made a difference in 1996 Kodak Company, one of America's most rep- the lives of so many people. She served on utable companies, has maintained a market the Library Board, Oakdale Activity Commit- HON. JOHN SHIMKUS presence in Japan for over a century. Yet in tee, New Mount Vernon Church, Business and OF ILLINOIS all that time, Kodak has never received fair ac- Professional Women, AFL±CIO, Community cess to consumer markets. Kodak has consist- Development Block Grant, Township Beautifi- IN THE HOUSE OF REPRESENTATIVES ently been forced to contend with an elaborate cation Committee, and the Democratic Club of Thursday, February 12, 1998 system of unfair and arbitrary trade barriers Ferndale and Royal Oak Township. Mr. SHIMKUS. Mr. Speaker, two years ago created by a close alliance between Japanese After working 38 years at Chrysler Corpora- this week, after literally years of intense and business and Japanese government entities. tion, Mrs. McCloud decided to enter public contentious debate, the President signed into These market arrangements are aimed specifi- service, and served as a Royal Oak Township law the Telecommunications Act of 1996. Pas- cally at nurturing domestic producers at the Trustee from 1992 to the present. She was a sage of this landmark legislation represented expense of consumers and U.S. competitors. friend of so many people and of so many the largest overhaul of our nation's commu- The U.S. Trade Representative's statement re- causes. nications laws in more than 60 years. The garding Japan's Open Market Commitment is I ask my colleagues to join me as we ex- Telecommunications Act was intended to re- a clear sign that the anti-U.S. trade conditions tend our sincere sympathy to the friends and move long standing monopoly protections to in Japan are no longer acceptable. relatives of Mrs. McCloud who will always be allow customers to get long-distance service Asia's current economic challenges and remembered for her outstanding contributions from their local phone company or local phone subsequent failures are a direct consequence to the world around her. service from their long-distance or cable com- of the flawed Asian economic model inspired f pany. This historic new law would also permit and popularized by Japan. Japan's tradition of customers to get many communications serv- controlling its economy and favoring specific JOHN TRACY, KERN COUNTY icesÐlocal and long distance phone service, producers has been duplicated in countries CATTLEMAN OF THE YEAR cable and cellular serviceÐfrom one company like Korea, Indonesia and Thailand, and is on one bill. now being exposed as a prescription for eco- HON. WILLIAM M. THOMAS Many in Congress hailed this new law as nomic failure. Japan's economic instability is OF CALIFORNIA the ``greatest jobs bill of the decade.'' The demonstrated by the collapse of its fourth-larg- IN THE HOUSE OF REPRESENTATIVES est securities firm and tenth-largest bank with- President praised the law saying ``customers Thursday, February 12, 1998 will receive the benefits of lower prices, better in days of each other. Equally, its financial cri- quality and greater choices in their telephone sis has brought to light far-reaching govern- Mr. THOMAS. Mr. Speaker, I am proud to and cable service, and they will continue to ment corruption, including a scandal which have this opportunity to recognize John Tracy benefit from a diversity of voices and view- forced the resignation of Finance Minister of Buttonwillow, California. John Tracy, a points in radio, television and the print media.'' Heroshi Mitzuka, the most powerful member of fourth generation Kern County rancher, is the Unfortunately, Mr. Speaker, it's two years the Japanese cabinet, as well as the arrests of recipient of the 1998 ``Kern County Cattleman later and consumers have yet to see most of two of his senior ministry officials. These de- of the Year'' award. Kern County is one of the the benefits. What they do see are mergers velopments expose ever-widening collusion country's biggest agricultural counties, and and lawsuits filed by frustrated would-be com- between the Japanese government and spe- cattle are one of Kern's most important prod- petitors. Thus far the Federal Communications cific Japanese businesses. These economic ucts. Commission has rejected bids by three of the and financial crises stem from Japanese in- The Tracy family has been in Kern County former Bell Companies seeking to enter the flexibility, resistance to change, and the exclu- over 120 years, and John is carrying on in his long-distance market. In many areas, cable sion of foreign competitors. family's footsteps. John took over running his rates have risen and potential new competitors Japan's Open Market Commitment directly family's ranch when he was just 22 years old, struggle to secure the necessary programming addresses the need for economic flexibility after the death of his father. Armed with a which is critical to their survival and growth. and open competition. It insists Japan fulfill its Bachelor of Science in farm management from The FCC has a new Chairman and three publicly-stated commitments to open its mar- Cal Poly, Mr. Tracy carried on his family's new commissioners. While I am encouraged kets, to increase competition, and to end con- proud heritage and made many innovations in by their public statements pledging to move trol of its economy by powerful bureaucrats. the ranch's operation. Among these were reor- forward with implementation of the ActÐI am Rather than government officials bent on dic- ganizing his cow-calf grazing operation into an disappointed in the fact that little, if any, tating unrealistic economic outcomes, Japan's intensive feedlot enterprise and using agricul- progress has been made. There is absolutely economy must be led by free market dis- tural by-products in a scientifically balanced no reason why Americans can't start realizing cipline. nutrition program, thus making conservation the benefits of the Telecommunications Act f and recycling work. now. Since taking over his family's operation f TRIBUTE TO ELIZABETH HEFLIN- nearly 30 years ago, John Tracy has become McCLOUD an integral and active part of the agricultural JAPAN’S OPEN MARKET community in Kern County. He has been di- COMMITMENT HON. SANDER M. LEVIN rector of both the Kern County Cattlemen's OF MICHIGAN Association and the California Beef Council. HON. BOB SCHAFFER IN THE HOUSE OF REPRESENTATIVES The work of John and his family with the Kern County Fair's Junior Livestock Auction has OF COLORADO Thursday, February 12, 1998 IN THE HOUSE OF REPRESENTATIVES made him an outstanding role model, as well Mr. LEVIN. Mr. Speaker, I rise today to as for the young people of Kern County. Thursday, February 12, 1998 honor the memory of Mrs. Elizabeth Heflin- John Tracy has earned the respect and ad- Mr. BOB SCHAFFER of Colorado. Mr. McCloud, a Royal Oak Township Trustee. miration of his peers and of his neighbors. He Speaker, I rise to express my strong support Mrs. McCloud died in her home on January 6, has served as Buttonwillow's honorary Mayor for the U.S. Trade Representative's announce- 1998. and last year received the Buttonwillow Peace ment of February 3, 1998, regarding Japan's Born in Talladega, Alabama in 1918 to Officers Recognition of Merit. He has been de- Open Market Commitment. This is the first Oscar and Littie Ywyman, Mrs. McCloud later scribed by other ranchers as ``a 21st century time the United States has held Japan to its moved to Michigan. Here, through her asso- businessman with 19th century cattleman val- publicly-stated commitments concerning its ciation with many community and civic organi- ues.''

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E160 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1998 As director of the California Cattlemen's As- As to direct infringement, liability is ruled out temporarily stores copies on its system.'' By sociation, he has worked on behalf of other for passive, automatic acts engaged in referring to temporary storage of copies, cattlemen against the inheritance tax, so that through a technological process initiated by Netcom recognizes implicitly that intermediate family farms, like his own, can be passed from another. Thus, the bill essentially codifies the copies may be retained without liability for only one generation to the next. He has also result in the leading and most thoughtful judi- a limited period of time. The requirement in worked for grazing and endangered species cial decision to date; Religious Technology paragraph 512(a)(1) that ``any copy made of reform. I sometimes think that people like Center v. Netcom On-line Communications the material is not retained longer than nec- John Tracy should be at the top of the nation's Services, Inc. In doing so, it overrules those essary for the purpose of carrying out that endangered species list; he is a family ranch- aspects of the Playboy v. Frena case, inas- transmission'' is drawn from the facts of the er, struggling against nature, a tough econ- much as that case might apply to service pro- Netcom case, and is intended to codify this omy, and federal encroachment, while trying viders, suggesting that such acts could con- implicit limitation in the Netcom holding. to keep his family's proud heritage intact so he stitute direct infringement, and provides cer- Paragraph 512(a)(2) exempts a provider tainty that Netcom and its progeny, so far only can pass it to the next generation. from any type of monetary relief under theo- a few district court cases, will be the law of I congratulate John Tracy on being Kern ries of contributory infringement or vicarious li- the land. County's Cattleman of the Year. ability for the same activities for which provid- f As to secondary liability, the bill changes ex- isting law in two primary respects: no mone- ers are exempt from any liability for direct in- INTRODUCTION OF THE ‘‘ON-LINE tary relief can be assessed for the passive, fringement under paragraph 512(a)(1). This COPYRIGHT INFRINGEMENT LI- automatic acts identified in Religious Tech- provision extends the Netcom holding with re- ABILITY LIMITATION ACT’’ nology Center v. Netcom On-line Communica- spect to direct infringement to remove mone- tions Services, Inc., and the current criteria for tary exposure for claims arising under doc- HON. HOWARD COBLE finding contributory infringement or vicarious li- trines of secondary liability. Taken together, ability are made clearer and somewhat more paragraphs (1) and (2) mean that providers OF NORTH CAROLINA will never be liable for any monetary damages IN THE HOUSE OF REPRESENTATIVES difficult to satisfy. In a change from the bill as introduced, additional criteria are no longer in- for this type of transmission of material at the Thursday, February 12, 1998 cluded. Injunctive relief will, however, remain request of third parties and for intermediate Mr. COBLE. Mr. Speaker, The ``On-Line available, ensuring that it is possible for copy- storage of such material. Copyright owners Copyright Infringement Liability Limitation Act'' right owners to secure the cooperation of may still seek an injunction against such ac- is being introduced to address concerns raised those with the capacity to prevent ongoing in- tivities under theories of secondary liability, if by a number of on-line service and Internet fringement. they can establish the necessary elements of access providers regarding their potential li- Finally, the various safeguards that were in- a claim. ability for copyright infringement when infring- cluded in the bill as introduced are incor- Paragraph 512(a)(3) similarly exempts a ing material is transmitted on-line through their porated in the substitute, as modified to reflect provider from monetary relief under theories of services. While several judicially created doc- comments and suggestions submitted by inter- contributory infringement or vicarious liability trines currently address the question of when ested parties. These safeguards include lan- for conduct going beyond the scope of para- liability is appropriate, providers have sought guage intended to guard against interference graph (1), where a provider's level of participa- greater certainty through legislation as to how with privacy; a provision ensuring that non- tion in and knowledge of the infringement are these doctrines will apply in the digital environ- profit institutions such as universities will not low. Such conduct could include providing ment. be prejudiced when they determine that an al- storage on a server and transmitting material In July of last Year, Chairman HENRY HYDE legedly infringing use is fair use; a provision from such storage in response to requests and I introduced a bill, H.R. 2180, to begin the protecting service providers from lawsuits from users of the Internet. In addition, the pro- discussion in this Congress on this issue. when they act to assist copyright owners in vision modifies and clarifies the knowledge Since that time, the Judiciary Subcommittee limiting or preventing infringement; and a pro- element of contributory infringement and the fi- on Courts and Intellectual Property, which I vision requiring payment of costs incurred nancial benefit element of vicarious liability. chair, has held two legislative hearings on that when someone knowlingly makes false accu- Even if a provider satisfies the common-law bill. In addition, Representative BOB GOOD- sations of on-line infringement. elements of contributory infringement or vicari- LATTE of Virginia, a senior Member of the Sub- SECTION-BY-SECTION ANALYSIS ous liability, it will be exempt from monetary li- committee, has invested months of his time Paragraph 512(a)(1) exempts a provider ability if it satisfies the criteria in subpara- leading negotiation sessions between on-line from liability on the basis of direct infringement graphs (A) and (B). As under paragraph (2), service and Internet access providers, tele- for transmitting material over its system or net- copyright owners may still seek an injunction phone companies, libraries, universities and work at the request of a third party, and for even if the provider qualifies for the exemption copyright owners. the intermediate storage of such material, in from monetary relief. This bill is the result of those hearings and certain circumstances. The exempted storage The knowledge standard in subparagraph negotiation sessions and represents a com- and transmissions are those carried out (A) is nearly identical to that used in the bill as mon base from which to begin the markup through an automatic technological process introduced, and is intended to be functionally process. It does so by codifying the core of that is indiscriminateÐi.e., the provider takes equivalent. In addition to actual knowledge, it current case law dealing with the liability of no part in the selection of the particular mate- includes ``information indicating that the mate- on-line service providers, while narrowing and rial transmittedÐwhere the copies are retained rial is infringing.'' This would include a notice clarifying the law in other respects that all par- no longer than necessary for the purpose of or any other ``red flag''Ðinformation of any ties agree should be addressed. carrying out the transmission. This conduct kind that a reasonable person would rely This bill offers the advantage of incorporat- would ordinarily include forwarding of cus- upon. It may, in appropriate circumstances in- ing and building on those judicial applications tomers' Usenet postings to other Internet sites clude the absence of customary indicia of of existing copyright law to the digital environ- in accordance with configuration settings that ownership or authorization, such as a stand- ment that have been widely accepted as fair apply to all such postings. It would also in- ard and accepted digital watermark or other and reasonable. The bill takes a minimalist ap- clude routing of packets from one point to an- copyright management information. As sub- proach, and has been drafted in as simple a other on the Internet. section (b) makes clear, the bill imposes no manner as possible, imposing limitations on li- This exemption codifies the result of Reli- obligation on a provider to seek out such red ability without reference to specific tech- gious Technology Center v. Netcom On-line flags. Once a provider becomes aware of a nologies, without detailed procedures and Communications Services, Inc., 907 F. Supp. red flag, however, it ceases to quality for the codes of conduct, and without setting out a 1361 (N.D. Cal. 1995) (``Netcom''), with re- exemption and, under existing law, it may long list of factors that must be met in order spect to liability of providers for direct infringe- have a duty to follow up. to qualify. ment. See id. at 1368±70. In Netcom the court The bill distinguishes between direct in- held that a provider is not liable for direct in- This standard differs from existing law, fringement and secondary liability, treating fringement where it takes no ``affirmative ac- under which a defendant may be liable for each separately. This structure is consistent tion that directly results] in copying . . . works contributory infringement if it knows or should with evolving case law, and appropriate in light other than by installing and maintaining a sys- have known that material was infringing. of the different legal bases for the policies be- tem whereby software automatically forwards The financial benefit standard in subpara- hind the different forms of liability. messages received from subscribers . . . and graph (B) is intended to codify and clarify the February 12, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E161 direct financial benefit element of vicarious li- this attempt to gain transfer authority. They ways than one. As an ironworker from 1927 ability as it has been interpreted in cases such believe that the property included in my bill is through 1970, Al personally contributed to one as Marobie-FL, Inc. v. National Association of more conductive to economic development of the San Francisco Bay Area's most distinc- Fire Equipment Distributors, F. Supp. (N.D. than forest management and therefore are tive characteristics, its bridges. Starting with Ill. 1997). As in Marobie, receiving a one-time anxious to remove it from their need-to-man- construction of the Carquinez Bridge in Crock- set-up fee and flat periodic payments for serv- age inventory. ett, Al's career included work on the Oakland- ice from a person engaging in infringing activi- I would like to offer special recognition to San Francisco Bay Bridge, the San Mateo ties would not constitute receiving ``a financial Glynn Lopp, the Executive Director of the Alle- Bridge, the Richmond-San Rafael Bridge, the benefit directly attributable to the infringing ac- gheny Highlands Economic Development Au- Benicia Bridge and, of course, the Golden tivity.'' Nor is subparagraph (B) intended to thority. The Innovation Park project would not Gate. In the autumn of 1936, Al became a cover fees based on the length of the mes- have made it as far as it has without his per- member of the ``Half-Way-to Hell Club'' when sage (per number of bytes, for example) or by severance and enthusiasm. he fell from the Golden Gate Bridge and lived connect time. It would, however, include any This is just the first step in a long journey to tell about it. Many of his friends and col- such fees where the value of the service lies to bring major economic and high-tech devel- leagues believed that that fall would end his in providing access to infringing material. opment to the Allegheny Highlands as well as career as an ironworker and a builder of The number of factors required to establish the greater area of Rockbridge, Bath, bridges, but the day he was released from the eligibility for the exemption under the bill is Botetourt and Craig counties. I am proud to in- hospital he returned to the Gate to climb the two, as compared with six under the bill as troduce this bill, I am confident of its success bridge that had nearly killed him. originally introduced. Several of the original and look forward to being of continued assist- But Al Zampa contributed to more than just factors were rendered unnecessary because ance in the Innovation Park project. our community's infrastructure, he also helped direct infringement and secondary liability are f to shape a generation of its residents. Al was no longer combined in a single exemption. In a major force in the creation of the Tri-City TRIBUTE TO THE HONORABLE addition, the reduced number of factors re- Baseball League, making positive recreational RONALD V. DELLUMS flects an effort to further simplify the bill, and opportunities available to hundreds of youth. to avoid further contention over the specific SPEECH OF As the League's Vice President and a team formulation of several of the factors. coach for six years, Al helped shape the lives f HON. PAUL McHALE of many of our young people, and this is per- OF PENNSYLVANIA haps his most lasting tribute. INTRODUCING A BILL TO CONVEY IN THE HOUSE OF REPRESENTATIVES Again, I invite my colleagues to join me in ADMINISTRATIVE AND OTHER Tuesday, February 3, 1998 recognizing the life of an incredible citizen, LANDS IN THE GEORGE WASH- and wishing Al Zampa a happy and healthy Mr. MCHALE. Mr. Speaker, twenty-five INGTON AND JEFFERSON NA- 93rd birthday. years ago, when I was a student participating TIONAL FORESTS f in the American University Washington Se- HON. BOB GOODLATTE mester program, I would sit in the gallery and DAYCARE FAIRNESS FOR STAY- watch with wonder the speeches of Congress- AT-HOME PARENTS OF VIRGINIA men like Pete McCloskey, Andy Jacobs and IN THE HOUSE OF REPRESENTATIVES Morris Udall. I remember distinctly watching a SPEECH OF Thursday, February 12, 1998 young, idealistic, compassionate, hard driving, HON. SANDER M. LEVIN Mr. GOODLATTE. Mr. Speaker today I in- newly elected member of Congress fighting for OF MICHIGAN troduced a bill to convey administrative and the causes in which he so deeply believed. IN THE HOUSE OF REPRESENTATIVES We honor him today. other lands in the George Washington and Wednesday, February 11, 1998 Jefferson National Forests and to utilize the A quarter of a century later, RON DELLUMS value derived therefrom to acquire replace- retains all of the wonderful qualities of leader- Mr. LEVIN. Mr. Speaker, during the debate ment sites where appropriate and for suitable ship and decency he brought to the House in on H. Con. Res. 202, my colleague Mr. GOOD- improvements for National Forest administra- 1971. To my great benefit, during the interven- LING said that he wanted ``just again to remind tive purposes. ing years, he has also become my friend. everyone'' that the Republicans had ``provided In addition, my bill grants authority for the Speaking out against apartheid in 1966, $4 billion more than the President asked for'' Forest Service to sell 200 acres of land adja- Senator Robert Kennedy said, ``Each time a to fund child care. This was part of the effort cent to U.S. Interstate 64 to the Allegheny man stands up for an ideal or strikes out to demonstrate a Republican commitment to Highlands Economic Development Authority against injustice, he sends forth a tiny ripple of child care. via the Commonwealth of Virginia for pur- hope * * *.'' I feel compelled to correct the record. The RON DELLUMS' message of hope and peace poses of developing a corporate area catering additional $4 billion being spent on child care has guided this chamber and inspired his col- to high-tech companies. It will be named Inno- is not more than the President asked for. leagues for nearly three decades. No man vation Park. Rather, it is more than was provided under Innovation Park should prove to have a could leave a finer legislative legacy. previous law. RON, you retire with the respect and great Indeed, the main reason for the additional positive economic impact by bringing high-tech admiration of your fellow legislators, and of money for child care beyond previous law is jobs to those living in rural areas. This project this friend. Our nation is and ought to be very that the President insisted upon it, and when will not only address a need for good, high grateful for your service. Semper Fi. the Republicans resisted providing adequate paying jobs, but also for additional transpor- f funding for child care as part of the program tation, water and wastewater system develop- to move people from welfare to work, the ment and improvement. BIRTHDAY TRIBUTE TO AL President was forced to veto that version. An environmental impact review is currently ZAMPA, BUILDER OF BRIDGES— underway. Preliminary results indicate that In- After the veto, the Republicans agreed to join OVER WATER AND THROUGHOUT with Democrats to increase the funds provided novation Park will not adversely impact any THE COMMUNITY habitats for plant or animal life. A public notice for child care, and the President signed the of the environmental assessment was issued improved legislation into law. HON. GEORGE MILLER f in January and not a single complaint has OF CALIFORNIA been registered. IN THE HOUSE OF REPRESENTATIVES NATIONAL RETAIL SALES TAX My bill also transfers the Natural Bridge Ju- ACT OF 1997 venile Correction Center from the Forest Serv- Thursday, February 12, 1998 ice to the Commonwealth of Virginia along Mr. MILLER of California. Mr. Speaker, I HON. BOB SCHAFFER with nearly twenty other administrative land rise today to invite my colleagues to join me OF COLORADO tracts or land tracts that lost their natural for- in wishing a very happy birthday to Mr. Al IN THE HOUSE OF REPRESENTATIVES est character because of proximity to U.S. Zampa of Crockett, California, who will be 93 Interstate 64. years old on March 12. Thursday, February 12, 1998 The Forest Service is fully supportive of the Al Zampa is a truly remarkable man who Mr. BOB SCHAFFER of Colorado. Mr. land transfers and have been cooperative in has left his mark on his community in more Speaker, I rise today to speak on one effort E162 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1998 Congress should fully consider which prom- doubly applies to the current income tax struc- such carriers the same opportunities and rules ises to bring true tax relief for all Americans. ture. But as to the sales tax, there are just far as their cable competitors. This competitive There is no such things as a good tax. fewer of them. parity will lead to increased exposure of copy- Will Rogers once said, ``The income tax has f righted programming to consumers who will made liars out of more Americans than even pay lower prices for cable and satellite serv- golf.'' Those who are most familiar with the In- LYNELLE ECHEVERRIA KERN ices which deliver programming to their ternal Revenue Service, the agency charged COUNTY CATTLEWOMAN OF THE homes. These lower prices will result from the with enforcing the income tax code, agree. YEAR choices consumers will have in choosing how Former IRS Commissioner Fred Goldberg they want their television programming deliv- said, ``The IRS has become a symbol of the HON. WILLIAM M. THOMAS ered. Mr. Speaker, I know I speak for many of most intrusive, oppressive and non-democratic OF CALIFORNIA the Members in this House when I assert that institution in our democratic society.'' Former IN THE HOUSE OF REPRESENTATIVES creating competition in the video delivery mar- Commissioner Shirley Peterson concurred, Thursday, February 12, 1998 ket is the key to more choice and lower prices ``we should repeal the Internal Revenue Code for our constituents. and start over.'' Mr. THOMAS. Mr. Speaker, it gives me The Copyright Act of 1976 bestowed on Indeed, this is the principle objective of the great pleasure to congratulate a truly exem- cable television a permanent compulsory li- National Retail Sales Tax Act of 1997 (H.R. plary individual, Lynelle Echeverria, upon cense enables that industry to rebroadcast 2001), which has been introduced in Congress being named the 1998 Kern County network and superstation signals to cable tele- by my Colorado colleague and good friend Cattlewoman of the Year. The Kern County vision viewers without requiring cable opera- U.S. Representative DAN SCHAEFER. The plan cattle industry has bestowed this award upon tors to receive the authorization of thousands is predicated upon the repeal of the Constitu- Lynelle because of her superb achievements of copyright owners who have an exclusive tion's Sixteenth Amendment, which was rati- in the beef industry as well as her contribu- right to authorize the exploitation of their pro- fied in 1913 and gave Congress, for the first tions to the community. grams. The cable operators pay a set fee for time, power to impose an income tax. Lynelle has devoted many years supporting the right to retransmit and the monies col- Income taxes and the IRS would be re- the beef industry at both local and state levels. lected are paid to the copyright owners placed with a 15 percent federal sales tax on She chairs the highly successful fund-raiser ti- through a distribution proceeding conducted the final purchase of goods and services at tled ``The Celebration of Western Culture'', under the auspices of the United States Copy- the retail level. The rate would decline in fu- which is held every year in Kern County. She right Office. ture years to 10 to 12 percent as economic also has led the Kern County Cattlewomen's In 1988, Congress granted a compulsory li- growth allows more revenue to be raised at a Association and is a member of the scholar- cense to the satellite industry. Although the lower rate and downsizing continues. ship committee for the California Cattlewomen. cable and satellite compulsory licenses have According to Mr. SCHAEFER's plan, no in- Her long-time involvement and dedication to similarities, there are important differences come would be taxed until it is consumed. the industry deserves recognition. which I believe prevent satellite becoming a Capital gains and interest income would not It did not take long for Lynelle to know that true competitor to cable. Technology has be taxed as long as that income is reinvested. she was born to be a cattlewoman. She joined changed significantly since the cable and sat- Deductions would no longer be a relevant con- the renowned girls riding group, ``the ellite compulsory licenses were created. In a cept under a sales tax. Taxpayers, not the Wranglerettes'' at age 11 and performed with very short time, satellite carriers will be able to government, would get first crack at their pay- them until she was 21. She went on to Cal bring local programming through their services checks. Poly, majoring in biological sciences with an to viewers of that local market. The time has Any business required to collect and remit emphasis on Botany. come to take a comprehensive look at the sat- the sales tax would keep 0.5 percent of tax re- In addition to her untiring commitment to the ellite compulsory license as it relates to the ceipts to offset federal compliance costs, and industry, Lynelle also contributes to her com- long-term viability and competitiveness of the nothing used to directly or indirectly produce a munity. She is a notable Western artist who satellite television industry. The satellite com- good for retail consumption would be taxed. has painted, taught and participated in art pulsory license is set to sunset in December The burden of proof would lie with the govern- shows across the country. She has been an of next year, and the Federal Communications ment in any dispute with a taxpayer. active member of the Women Artists of the Commission has reported that in areas where Mr. SCHAEFER's plan also includes a per- West for the past 10 years. Somewhere in be- there is no competition to cable, consumers sonal consumption refund to ensure that the tween she found time to raise a family along are paying higher cable rates. We must act for basic necessities of life remain tax free. Every with her husband Matt, who is Senior Vice- our constituents to level the playing field in a wage earner would receive a refund equal to President of the Tejon Ranch Company and manner that will allow both industries to flour- the sales tax rate multiplied by the poverty President of the California Cattlemen's Asso- ish to the benefit of consumers. level (adjusted for the number of dependents ciation. They have two children, Debbie and To that end, the ``Copyright Compulsory Li- claimed) in every paycheck. As a result, every Michael. cense Improvement Act'' makes the following wage earner will earn up to the poverty level Lynelle Echeverria is a remarkable woman changes to the Satellite Home Viewer Act: tax free. who aptly fits the role of Cattlewoman of the It makes the satellite compulsory license Though there are several other relevant pro- Year. She embodies the spirit and dedication permanent, just like the cable compulsory li- visions of the plan, perhaps its biggest appeal of family in one of the West's most historic in- cense. is the elimination of the IRS and the need to dustries. She has dedicated her life to the cat- file tax returns. This year, taxpayers will spend tle industry but also to her family and commu- It allows new satellite customers who have well over $600 billion in accounting, legal, and nity. I am proud to congratulate her on being received a network signal from a cable system processing costs, and 5.4 billion hours just to named the Kern County Cattlewoman of the within the past three months to sign up for sat- complete their tax forms. Year. ellite service for those signals. This is not al- These costs, along with the cost of income f lowed today. taxation itself, are currently passed along to It allows satellite carriers to retransmit a consumers concealed in the purchase price of COPYRIGHT COMPULSORY local television station to households within all goods and services, including food, medical LICENSE IMPROVEMENT ACT that station's local market, just like cable does. supplies and housing. Moreover, the grad- It reforms the current structure of the admin- uated income tax punishes economic success, HON. HOWARD COBLE istrative body which determines rates and dis- and discourages investment. OF NORTH CAROLINA tributions applicable to all copyright compul- No one should be led to believe that the Na- IN THE HOUSE OF REPRESENTATIVES sory licenses to make it cheaper and more ef- tional Retail Sales Tax Act will ever make tax- ficient for the parties. paying a pleasant experience. After all, no one Thursday, February 12, 1998 In order to create parity for the above new is proposing to abolish taxation. Mr. COBLE. Mr. Speaker, I am pleased to opportunities for satellite carriers by reforming Mr. SCHAEFER is, however, the first to ac- introduce the ``Copyright Compulsory License the license, the bill must also create cor- knowledge that his proposal requires much Improvement Act.'' This bill will improve the responding regulatory parity between the sat- more discussion and he anticipates many copyright compulsory license for satellite car- ellite and cable industries, including must-carry more revisions. He points out though that just riers of copyrighted programming contained on rules, retransmission consent requirements, about any criticism that applies to his plan television broadcast signals by applying to network non-duplication protection, syndicated February 12, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E163 exclusivity protection, and sports blackout pro- provide their subscribers with local and dis- SECTION 7 tection. These regulations will apply after a pe- tant television broadcast signals, as well as Section 7 of the bill completely revises riod of time in which the Federal Communica- the national satellite feed of the Public chapter 8 of the Copyright Act, replacing the Broadcasting Service. Satellite carriers may tions Commission can carefully consider and current Copyright Arbitration Royalty Pan- retransmit any television broadcast signals els with a Copyright Royalty Adjudication tailor their implementation. Until that time, the to subscribers for private home viewing, pro- Board. portions of the satellite compulsory license vided that such retransmissions are in com- New section 801 of the Copyright Act estab- which determine who is eligible to receive net- pliance with the rules and regulations of the lishes the Copyright Royalty Adjudication work and superstation signals from satellite Federal Communications Commission. Such Board within the U.S. Copyright Office. carriers will continue to apply just as they do compliance would include syndicated exclu- New section 802 of the Copyright Act estab- now. sivity, sports blackout and network non- lishes the membership and qualifications of duplication protection for broadcasters, as the Board. New section 802(a) establishes I note that under the provisions of this bill that the Board should be comprised of one the current state of the law (and as expressly required by section 12 of the bill. Section 2 requires satellite carriers to pro- full-time Chief Administrative Copyright stated in section 12(b), the unserved house- vide initial and updated lists to local tele- Judge and at least two part-time Adminis- hold provisions of current law) shall remain in vision stations identifying subscribers in the trative Copyright Judges. It is left up to the effect until such time as the Commission local television station’s area who receive discretion of the Librarian of Congress, upon makes determinations pursuant to section 12 satellite service and the names of the net- the recommendation of the Register of Copy- of the bill regarding implementation of network work stations provided to those subscribers. rights, to determine how many other part- nonduplication protection and other protec- This will allow television stations to pre- time Administrative Copyright Judges the Board shall have. The determination should tions. I am troubled by the suggestion of some serve their network nonduplication rights provided in section 12 of the bill. be based on how many judges the Board will that the introduction of this legislation may need to conduct its business in a timely form the basis of an attempt to postpone or Section 2 prohibits satellite carriers from willfully altering the programming con- manner. alter the outcome of pending court proceed- tained on television broadcast signals and New section 802(b) requires that the Chief ings regarding enforcement of the current the PBS national satellite feed that carriers Administrative Copyright Judge be an attor- unserved household provisions. This legisla- retransmit. In addition, satellite carriers are ney with ten or more years of legal practice tion is not intended to diminish the effect of prohibited from unlawfully discriminating and have experience either in administrative hearings or court trials, and a demonstrated against a distributor of satellite retransmit- existing law. Parties subject to the unserved knowledge of copyright law. Other Adminis- ted broadcast programming, and any such household provisions of the current Section trative Copyright Judges must possess exper- unlawful discrimination constitutes an act 119 license are expected to comply fully with tise in the business and economics of indus- of copyright infringement subject to the pen- those provisions as they currently exist, and, tries affected by the actions the Board takes. alties of chapter 5 of the Copyright Act. It is of course, I reject any suggestion that courts New section 802(c) provides that the term also copyright infringement for a satellite of all Administrative Copyright Judges shall should decline to enforce or postpone enforc- carrier to fail to submit a statement of ac- ing existing law because Congress is debating be five years on a staggered basis so that no count and royalty fee necessary to obtain more than one term is due to expire in any whether to change it. The notion that parties the satellite compulsory license. one year. To achieve this, the Librarian of need not comply with laws that may be SECTION 3 Congress, upon the recommendation of the changed in the future is an invitation to law- Section 3 of the bill creates the terms and Register of Copyrights, shall appoint some of lessness which I firmly reject. conditions of the satellite compulsory li- the initial Administrative Copyright Judges This is a forward-looking bill which will cre- cense. Carriers must submit a statement of to shorter than five year terms. ate an incentive for companies to develop the account and royalty fee to the Copyright Of- New section 802(d) provides compensation means by which to provide local programming fice on a semiannual basis for subsequent for the Administrative Copyright Judges at the Senior Level in accordance with the pro- to local markets over satellite systems. I am distribution to copyright owners. The roy- alty fee for retransmission of distant tele- visions of 5 U.S.C. 5376. committed to working with Representative New section 803 of the Copyright Act pro- vision broadcast stations, and the PBS na- BILLY TAUZIN, Chairman of the Commerce vides for selection of the Administrative tional feed, is the royalty fee in effect on Copyright Judges. New section 803(a) pro- Subcommittee on Telecommunications, Trade date of enactment of the bill for retrans- vides that the Librarian of Congress, upon and Consumer Protection, and with Rep- mission of distant broadcast signals. There is the recommendation of the Register of Copy- resentative TOM BLILEY, Chairman of the full no royalty fee for television broadcast sig- rights, selects the Administrative Copyright nals that are retransmitted to subscribers Commerce Committee, on the regulatory pro- Judges. The Librarian may only select those who reside within the local markets of such visions in this bill. Their leadership and part- persons found qualified under section 802(b) nership has been and will continue to be in- signals. and found to meet the financial conflict of valuable and necessary in guaranteeing true The remainder of section 3 continues the interest standards adopted under section competition between the satellite and cable in- provisions of the existing law by prescribing 805(a). The Librarian may re-select, without how the royalty fees are collected and main- limit, Administrative Copyright Judges to dustries. tained for distribution, and how copyright I also want to recognize the leadership and additional terms. Section 803(b) provides owners of works contained on retransmitted that actions taken by the Board during those care that Senator ORRIN HATCH, Chairman of television broadcast signals and the PBS na- times will be valid, notwithstanding any the Senate Committee on the Judiciary, has tional feed may claim royalties. temporary vacancy. paid to the development of this important bill. SECTION 4 New section 804 of the Copyright Act pro- We have worked together closely on its provi- Section 4 of the bill contains definitions of vides for the independence of the Board. New sions and I know he is committed, as I am, to terms used in section 119 compulsory license. section 804(a) provides that the Board shall assuring fair competition through this legisla- Most of the definitions in the existing law have decisional independence on the sub- tion. I look forward to continuing our work to- are carried forward. New provisions include a stantive matters before it. Administrative gether as our bills move through both bodies definition of ‘‘designated market area’’ and Copyright Judges are neither to receive per- ‘‘local market’’ for determining royalty-free formance appraisals nor are they to be as- of the Congress. signed duties inconsistent with their duties Let me make clear that this bill is a com- local retransmissions of broadcast signals, and a definition of new PBS national feed. and responsibilities as Administrative Copy- promise, carefully balanced to ensure competi- right Judges. tion. I believe it contains the balance nec- SECTION 5 New section 805 of the Copyright Act pro- essary to allow this bill to become law this Section 5 of the bill carries forward the vides for removal and sanction of the Admin- session and I urge all interested parties to join provision of existing law maintaining exclu- istrative Copyright Judges. New section us in a constructive discussion of this very im- sivity of the satellite license with the cable 804(a) provides that the Register of Copy- compulsory license of the Copyright Act, rights shall adopt regulations regarding the portant legislation. standards of conduct that Administrative Following is a brief section-by-section which found at 17 U.S.C. 111. That is, a satellite carrier making secondary transmissions of Copyright Judges are expected to maintain. explains the bill in more detail: television broadcast signals, and the PBS na- New section 804(b) provides that the Li- SECTION 1 tional feed, for private home viewing may brarian, upon the recommendation of the Register of Copyrights, may remove or sanc- The title of the bill is the ‘‘Copyright Com- only do so under the terms of section 119 li- tion a Administrative Copyright Judge of pulsory License Improvement Act.’’ cense, and may not invoke the terms of the section 111 cable license. the Board, upon notice and opportunity for SECTION 2 hearing, for violation of any of the standards Section 2 of the bill amends the section 119 SECTION 6 of conduct adopted under section 804(a). satellite carrier compulsory license of the Section 6 of the bill contains a conforming New section 806 of the Copyright Act pro- Copyright Act to create a statutory licens- amendment amending the table of contents vides for the functions of the Board. New sec- ing scheme that permits satellite carriers to of chapter 1 of the Copyright Act. tion 806 enumerates the rate setting, royalty E164 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1998 distribution, and rulemaking functions that ceedings with three presiding Administrative ister shall identify the portion intended for are delegated to the Board. The Board deter- Copyright Judges shall be one year from the the Board with a statement assessing the mines the rates for: cable retransmission of declaration on the controversy. Board’s budgetary needs. broadcast signals, the making and distribut- New section 809(h) provides that the initial Section 811(f) provides that the Board shall ing of phonorecords by means other than dig- decision shall contain the same level of rea- prepare its own annual report and it shall be ital phonorecord delivery, satellite carrier soned decision-making that is required under included in the Copyright Office’s annual re- retransmission of broadcast signals, and the the Administrative Procedure Act, and take port. importing and distributing or manufacturing into account precedent of the decisions of SECTION 8 and distributing of digital audio recording the Copyright Royalty Tribunal, the copy- Section 8 of the bill provides that, prior to devices. right arbitration royalty panels and the de- the constituting of the Board, the Register The Board determines the rates and terms cisions of the Librarian of Congress made in of Copyrights shall adopt the Board’s rules of for: public performance of a sound recording respect to the copyright arbitration royalty procedure, but that when the Board is con- by means of a digital audio transmission; the panels. stituted, it may adopt supplemental or su- making and distributing of phonorecords by New section 809(i) provides the parties to perseding regulations, upon the approval of means of a digital phonorecord delivery; the the proceeding and the Register of Copy- the Register of Copyrights. public performance of music on jukeboxes; rights an opportunity to petition the entire The section also provides that copyright the use of music and visual works by public Board to reconsider any initial decision arbitration royalty panels that have already broadcasting entities; and the transmission issued by its presiding Administrative Copy- been convened at the time of the passage of to the public by a satellite carrier of a pri- right Judge or Administrative Copyright this act may continue and complete their mary transmission of a public telecommuni- Judges. If there are no petitions for reconsid- proceeding, unless the Register of Copy- cations signal. eration, the initial decision becomes the rights, finds for good cause, that the pro- The Board accepts or rejects claims filed final decision automatically. If there are pe- ceeding should be discontinued. For those by copyright owners to royalties deposited titions for reconsideration, the entire Board proceedings that continue, the report of the with the Copyright Office in the cable fund, considers the petition, and issues a final de- copyright arbitration royalty panels shall be the satellite carrier fund, and the digital cision. The final decision of the entire Board submitted to the Librarian of Congress, or audio recording fund. Then, for those claims constitutes a final agency action. Section the Librarian may, in his discretion, direct that the Board accepts, the Board deter- 809(i) provides that the time limits for filing the panel to submit the report to the Board. mines how much each claimant should re- petitions for reconsideration, and for the en- If there are any appeals pending of a decision ceive from those funds tire Board to issue the final decision shall be of a copyright arbitration royalty panel that The Board has jurisdiction to decide, when determined by regulation. are eventually remanded by the Court, the petitioned, if a particular digital audio re- New section 809 of the Copyright Act pro- remanded case shall go to the Board, not to cording device or digital audio recording vides for judicial review of Board determina- a reconvened copyright arbitration royalty interface device is subject to the provisions tions. New section 810(a) provides that when panel. of chapter 10 for paying a royalty on the dis- the initial decision becomes the final deci- SECTION 9 tribution of such devices. sion, the Board shall have one week to pub- Section 9 of the bill contains conforming The Board also has certain rulemaking au- lish the final decision in the Federal Reg- amendments to substitute the Copyright thority concerning the filing of claims, the ister. Parties aggrieved by the decision of Royalty Adjudication Board for the copy- notice and record keeping requirements per- the Board shall have 30 days from the ap- right arbitration royalty panels and the Li- taining to some of the compulsory licenses, pearance of the final decision in the Federal brarian of Congress wherever appropriate. and the Board’s own procedures. Register to appeal the decision to the United SECTION 10 New section 807 of the Copyright Act sets States Circuit Court of Appeals for the Fed- Section 10 amends the section 325 of the out the actors for determining the royalty eral Circuit. In that case, the Board shall be fees for the section 114, 115, 116, 118 and 119 Communications Act to provide that sat- the defending party, and the Chief Adminis- ellite carries must in certain circumstances compulsory licenses of the Copyright Act. trative Copyright Judge shall refer the con- obtain retransmission permission from a The section also lists the factors that the duct of the Board’s defense to the Depart- broadcaster before they can retransmit the Board shall take into account when deter- ment of Justice. Notwithstanding the pend- signal of a network broadcast station. Like mining or adjusting royalty rates. ency of any appeal, persons who would pay the regime applicable to the cable industry, New section 808 of the Copyright Act pro- the royalty rates adjusted by the Board’s de- network broadcasters are afforded the option vides for the institution of royalty distribu- cision are still obligated to pay the adjusted of either granting retransmission consent, or tion and rate adjustment proceedings under rate and, if applicable, to file a statement of they may elect must-carry status as pro- the compulsory licenses. New section 808 in- account with the Copyright Office. vided in section 11 of the bill. All satellite structs the Board when proceedings shall New section 810(b) provides that judicial carriers that provide local service of tele- occur, and whether the proceedings require a review of the Board’s final decision is in ac- vision network stations must obtain either petition to initiate them or whether they cordance with the Administrative Procedure retransmission consent of the local broad- commence automatically. Act. casters, or carry their signals subject to the New section 809 of the Copyright Act de- New section 811 delineates various admin- must-carry provisions. scribes the conduct of royalty distribution istrative matters related to administration Section 10 does exempt carriage of certain and rate adjustment proceedings. New sec- of the compulsory licenses. New section broadcast stations from the retransmission tion 809(a) provides that the Board shall con- 811(a) instructs the Librarian of Congress, consent requirement. Retransmission con- duct its proceedings in accordance with the upon the recommendation of the Register of sent does not apply to noncommercial broad- Administrative Procedure Act. New section Congress, to provide the Board with the nec- casting stations, and superstations that ex- 809(b) provides that the Board shall adopt its essary administrative services and personnel isted as superstations on January 1, 1998. own rules of procedures upon the approval of support it needs. Also exempt from the retransmission con- the Register of Copyrights. New section New section 811(b) delegates to the Board sent requirement is retransmission of a net- 809(c) authorizes the Copyright Office, in its the authority to publish in the Federal Reg- work station to a household that is not sub- discretion, to file formal pleadings with the ister notices of the Board’s actions in its ject to the network nonduplication protec- Board on any matter pending before the proceedings, and such regulations as the tion provided in section 12 of the bill. The Board. All Copyright Office pleadings shall Board has been delegated the exclusive right purpose of this provision is to allow subscrib- be formally filed and served on all the par- to adopt. New section 811(c) authorizes the ers who reside in the designated market area ties to the proceeding. The Board may accept Register of Copyrights to deduct from the of a network affiliate, but do not live in an or reject the advice of the Copyright Office. royalty fees deposited with the Copyright Of- area where the relevant local stations can New section 809(d) provides that all actions fice the reasonable costs incurred by the request network nonduplication (assuring of the Board are by majority rule. New sec- Copyright Office and the Board. In rate- that a subscriber does not or cannot other- tion 809(e) allows the Board the discretion to making proceedings, the reasonable costs of wise receive the signal of the local affiliate) determine whether, in a particular proceed- the Copyright Office and the Board shall be to obtain a distant signal of the same net- ing, one or three Administrative Copyright borne by the parties to the proceeding in work from their satellite carrier. Judges should preside. New section 809(f) per- such manner and proportion as the Board di- Section 10 also directs the Federal Commu- mits all parties whose claims are accepted or rects. nications Commission, within 45 days of en- who have an interest in the royalty rate to New section 811(d) provides that notwith- actment of the bill, to commerce a rule- be set to participate in the proceeding and standing any ceiling imposed on the full- making proceeding to adopt regulations gov- submit relevant proposals and evidence. time equivalent positions in the Library of erning the exercise of retransmission rights New section 809(g) provides that, except as Congress, the Administrative Copyright for satellite retransmissions for private provided in sections 118 and 119(c), the time Judges or employees in support of the Board home-viewing. limit for the issuance of initial decisions in do not count in the calculation of that ceil- SECTION 11 proceedings with one presiding Administra- ing. Section 11 of the bill creates must-carry tive Copyright Judge shall be six months New section 811(e) provides that when the obligations for satellite carriers retransmit- from the declaration of the controversy, and Register of Copyright submits to Congress ting television broadcast signals. The provi- the time limit for initial decisions in pro- the budget of the Copyright Office, the Reg- sions are similar to those applicable to the February 12, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E165 cable industry. Any satellite carrier that re- gotiations between the various parties on this need to ratify the WIPO treaties for this to transmits a television broadcast signal to issue, and also for his support through this happen. subscribers residing within the local market process. Mr. Speaker, this is a critical issue to the of that signal must carry all the television The issue of liability for on-line copyright in- stations in the local market to subscribers development of the Internet, and I believe that residing in the local market. This approach fringement, especially where it involves third both sides in this debate need each other. If of ‘‘carry one, then carry all’’ is subject to parties, is difficult and complex. For me per- America's creators do not believe that their the retransmission consent election of sec- sonally, this issue is not a new one: during the works will be protected when they put them tion 10 of the bill. Thus, a satellite carrier 104th Congress, then-Chairman Carlos Moor- on-line, then the Internet will lack the creative does not have to carry a local television head asked me to lead negotiations between content it needs to reach its true potential. broadcast station if the station elects re- the parties. Although I held numerous meet- And if America's service providers are subject transmission consent rather than must- ings involving members of the content commu- to litigation for the acts of third parties at the carry. The ‘‘local market’’ of a broadcast nity and members of the service provider com- station is defined as the station’s Designated drop of a hat, they will lack the incentive to Market Area, as determined by Nielsen munity, unfortunately we were not able to re- provide quick and efficient access to the Inter- Media Research. solve this issue. net. Section 11 tracks the cable must-carry pro- At the beginning of the 105th Congress, The ``On-Line Copyright Infringement Liabil- visions of the 1992 Cable Act by relieving sat- Chairman COBLE asked me to again lead the ity Limitation Act'' will not solve every problem ellite carriers from the burden of having to negotiations between the parties on this issue. posed by the content and service provider carry more than one affiliate of the same As a starting point, we asked the parties in- communities. I do believe, however, that this network if both of the affiliates are located volved to submit written comments on H.R. bill is a good first step towards reaching con- in the same local market. Local broadcasters 2180, the ``On-Line Copyright Liability Limita- are also afforded channel positioning rights, sensus on this issue, and I encourage the par- and are required to provide a good quality tion Act,'' introduced by Chairman COBLE and ties involved to work together to create a mu- signal to the satellite carrier’s principal Chairman HENRY HYDE. We then used those tually beneficial solution. headend in order to assert must-carry rights. comments as a basis for a discussion draft, f Satellite carriers are forbidden from obtain- which I had hoped to offer as a substitute to ing compensation from local broadcasters in H.R. 2180 during Subcommittee consideration TRIBUTE TO MARY ZANDER exchange for carriage. Section 11 also pro- of the legislation. vides a means for broadcasters to seek re- Comments on the first discussion draft led HON. SANDER M. LEVIN dress from the Federal Communications to a second discussion draft, in which I, along Commission for violations of the must-carry OF MICHIGAN with my staff, Chairman COBLE's staff, and obligations. IN THE HOUSE OF REPRESENTATIVES Ranking Member BARNEY FRANK's staff, at- SECTION 12 tempted to combine suggestions from both Thursday, February 12, 1998 Section 12 of the bill directs the Federal sides into a bill that the parties could support. Mr. LEVIN. Mr. Speaker, I rise today to rec- Communications Commission, within 45 days of enactment of the bill, to commence rule- While both sides attempted to work within the ognize Mary Zander, Sterling Heights City making proceedings to impose network non- structure of H.R. 2180, it became clear to us Clerk, on the occasion of her retirement from duplication protection, syndicated exclusiv- that the path we were on would not result in the City of Sterling Heights, Michigan. ity and sports blackout protection on sat- a resolution of this issue. Ms. Zander served her City for twenty years ellite retransmissions of television broadcast The bill introduced today marks a new be- as the City Clerk. During her two decades of signals for private home-viewing. The regu- ginning of this process. The ``On-Line Copy- dedicated service, the City of Sterling Heights lations adopted are to be similar to those right Infringement Liability Limitation Act'' is in- has grown from a population of 61,000 in currently in force for retransmissions of tel- tended as a codification of the decision in Re- 1967 to 123,000 in 1997, now the sixth largest evision broadcast signals by cable systems. In adopting network nonduplication protec- ligious Technology Center v. Netcom, 907 F. city in the state. Ms. Zander's leadership was tion rules, the Commission is directed to Supp. 1361 (N.D. Cal. 1995), in which the critical during this period of both incredible adopt rules that permit satellite carriers to Court held that an Internet access provider population growth and technological advance- provide distant network signals to subscrib- was not directly liable for copyright infringe- ments which have revolutionized the local ers who reside within the designated market ment committed by a bulletin board sub- clerk's office. area of a network station affiliated with the scriber. While I do not yet have a proposal Ms. Zander was the Director for the Inter- same network but who cannot receive an that I can say is supported by both sides of national Institute of Municipal Clerks, a distin- over-the-air signal of the local affiliate, and this debate, I am not currently aware of any guished position that only one other clerk in further do not receive the local signal from a cable or satellite service The purpose of opposition to the principles adopted by the the world has served in for two terms. She this provision is to prevent local affiliates Court in Netcom. also received special recognition as ``Clerk of from asserting network nonduplication pro- It is my hope that this new bill will encour- the Year'' from the Michigan Municipal tection against subscribers who legitimately age the parties involved in this issue to come League. As President of the Michigan Munici- cannot or otherwise do not receive the local together and agree on a solution. I do not see pal League's Clerks Association, First Vice- network affiliate signal. Thus, if the sat- the introduction of this bill as the end of nego- President of the Michigan Association of ellite carrier serving a subscriber provides tiations on the issue of liability for on-lone Clerks and a lifetime member of the Academy him/her with the local affiliate for that des- copyright infringement; to the contrary, I be- of Advanced Education, Ms. Zander was a ignated market area, the satellite carrier lieve that it will further the negotiations by be- may not also provide such subscriber with leader in her field. distant network signals affiliated with the ginning with basic principles on which the par- Mr. Speaker, in an era of valuing efficient, same network. ties can agree. Undoubtedly both sides will customer-oriented government, Mary Zander's want to see changes made to this legislation, f work for the City of Sterling Heights deserves and I am committed to continuing to work with our recognition. I am pleased to join with the ON-LINE COPYRIGHT INFRINGE- the parties in the hope of reaching a success- residents of Sterling Heights, as well as local MENT LIABILITY LIMITATION ful resolution to this issue. government officials, in thanking Mary Zander, ACT I would additionally like to discuss the im- my friend and the friend of so many others, for portance of the World Intellectual Property Or- her years of dedicated and personal service HON. BOB GOODLATTE ganization treaties, and the accompanying im- and in extending best wishes for a healthy and OF VIRGINIA plementing legislation, which are critical to happy retirement. protecting U.S. copyrights overseas. The IN THE HOUSE OF REPRESENTATIVES f United States is the world leader in intellectual Thursday, February 12, 1998 property. We export billions of dollars worth of PUBLIC SCHOOL EDUCATION Mr. GOODLATTE. Mr. Speaker, I rise today creative works every year in the form of soft- to introduce, along with Representative HOW- ware, books, videotapes, and records. Our HON. BOB SCHAFFER ARD COBLE (R±NC)Ðmy good friend from ability to create so many quality products has OF COLORADO North Carolina and Chairman of the Judiciary become a bulwark of our national economy, IN THE HOUSE OF REPRESENTATIVES Subcommittee on Courts and Intellectual Prop- and it is vital that copyright protection for ertyÐthe ``On±Line Copyright Infringement Li- these products not stop at our borders. Inter- Thursday, February 12, 1998 ability Limitation Act.'' I would like to thank national protection of U.S. copyrights will be of Mr. BOB SCHAFFER of Colorado. Mr. Chairman COBLE for asking me to lead the ne- tremendous benefit to our economyÐbut we Speaker, I rise today in recognition of the E166 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1998 greatest gift we can give to our childrenÐthe IN COMMEMORATION OF SAINT Much has been written and said about the gift of a strong and viable education. DAVID’S DAY outrageous behavior of some Swiss banking Both my parents being educators, I grew up executives with regard to deposits of gold and other valuables by Holocaust victims during surrounded by reminders of how important HON. JERRY LEWIS the period before and during World War II, but public education is in America. As a parent OF CALIFORNIA little attention has been focused on the out- myself of three school-aged children attending IN THE HOUSE OF REPRESENTATIVES Thursday, February 12, 1998 standing degree to which the people of Basel public schools in Fort Collins, I understand the and other Swiss cities and cantons have as- value of liberal access to community schools Mr. LEWIS of California. Mr. Speaker, I rise sumed the responsibility of teaching Swiss and academic professionals. today to honor Saint David, the Welsh Patron children about the horrors of the Holocaust. By Saint. Many of my friends and colleagues may Indeed, the reason I have devoted nine making this a communal priority, they have not know that I am of Welsh descentÐbut years in the Colorado State Senate and my determined to never let such atrocities take then again maybe my name, Lewis, gives me place again. first year in the United States Congress to im- away. I am very proud of the Welsh blood run- proving the quality of local public schools is The schools of Basel address the subject of ning through my veins. What American the Holocaust with children of all ages, at all because I am convinced my parents were wouldn't be if he knew just how many great right. The future strength of the Republic lies academic levels and in a wide variety of dis- Americans were also Welsh! Let me take a ciplines, primarily in history and in German in the hands of a well-educated citizenry. moment to share some interesting facts with language and culture classes. In the Clearly, parents bear the primary respon- you. Wieterbildungsschule (elementary schools), sibility for educating their children. Public Did you know that twenty percent of our Pil- young people learn about the fate of children school districts were established by states to grim Fathers were Welsh? Almost fifty percent in the Third Reich, the resistance efforts assist, and it is at the state level, and under of the signers of the American Declaration of against Nazi occupation, and other introduc- Independence were also Welsh or of Welsh state constitutions that public school systems tory topics ranging from a basic understanding heritageÐas were nine of the Presidents of are properly organized. In Colorado, the man- of anti-Semitism to the existence of ghettos, the United States, including John Adams, concentration camps, and Hitler's Final Solu- agement of public schools is entrusted to 176 Thomas Jefferson, James Madison, James locally-elected boards. tion. Monroe, John Quincy Adams and Abraham In the secondary level (Grades 5±9) adoles- As a member of the House Committee on Lincoln. There are just too many great Welsh- cents encounter a wealth of documentary ma- Education and the Workplace, I face routinely Americans to name!! terial dealing with anti-Semitism and the mur- Another interesting fact I would like to share those who would dismantle America's tradi- der of the Jews, including The Diary of Anne with you pertains to Saint Patrick, the Patron tions of local control and parental authority Frank, the new reader Bilder in Kopf (Pictures Saint of Ireland. Did you know that Saint Pat- with respect to educating kids. Their pref- in the Head), and numerous short stories rick was really a Welshman? As a boy of six- erence always seems to entail centralizing which provide an assortment of different ap- teen, Patrick was taken from the Welsh village education authority in Washington, D.C. as a proaches to the Holocaust. In Gymnasiums where he was born by an Irish slave trading way to address any shortcomings of America's (high schools), older student face an even party. He was a slave in Ireland until the age schools. more comprehensive and substantive treat- of twenty-two, when he escaped and returned ment of the topic. They survey various theo- The White House, for example, is working to to Wales. Later, he became a priest and was ries dealing with the development and forms abandon independent standardized testing in sent back to Ireland where the Welshman Pat- of anti-Semitism, as well as an analytical and favor of a government-owned national test. rick became revered as Saint Patrick of Ire- unprejudiced look at their own country's posi- The administration has already engaged the land. tion during World War II. Such syllabus topics When you are in Washington, D.C., the early stages of developing a national curricu- include thoughtful subjects such as ``The Refu- more athletically-inclined Welsh among you lum. gee Question in the Second World War and might like to hike half-way up the stairs in the The Federal government actually has no Neutrality.'' Washington Monument to read an inscription Mr. Speaker, the people of Basel have rec- Constitutional authority to manage public there: ``Fy Iaith, Fy Ngwlad, Fy Nghenedl, ognized the truth of the oft-quoted Santayana schools, but it gets around that barrier by WalesÐCymru Am Byth.'' My language, my observation, ``Those who cannot remember handing out lots of cash. With every federal country, my nation, WalesÐWales forever! dollar comes strings. Of course, no school is On March 1st, Welsh Americans across the the past are condemned to repeat it.'' Their forced to take the money, but few can resist. Nation will honor the birth of Saint David, the schools are helping to raise a new generation Patron Saint of Wales. At the Welsh Pres- of citizens unfettered by hatreds and preju- Deploying such strategies, the federal gov- dices of the past, a people that can use the ernment has found ways to influence almost byterian Church in Los Angeles, the Welsh Choir of Southern California will give its pre- painful lessons of decades ago to engender every aspect of public schooling from the de- tolerance and understanding in the future. It is sign of new school buildings, to the qualifica- miere performance, conducted by famous, Welsh-born Hollywood composer Michael my pleasure to recognize and to commend the tions of teachers, to students' diets. Rarely do fruitful efforts the people of Basel. these tactics improve the quality of education, Lewis! I know that this concert will be a treat for all who hear it. I only wish I could be f but more often only suppress the ability of present! TRIBUTE TO SAM JOHNSON ‘‘OP- local schools and teachers to do the jobs for I would say to my colleagues, let us all re- which they are best trained. ERATION HOMECOMING’’ 25TH member that March 1st is the birthday of Saint ANNIVERSARY My strenuous objections to various schemes David, the Patron Saint of Wales. to centralize education authority in Washington f have at times been misinterpreted by my polit- HON. JOHN T. DOOLITTLE COMMENDING THE SCHOOLS OF OF CALIFORNIA ical foes to suggest I am somehow ``anti-edu- BASEL, SWITZERLAND, ON THE cation.'' Quite the opposite is true. IN THE HOUSE OF REPRESENTATIVES HOLOCAUST EDUCATION PRO- Thursday, February 12, 1998 My firm resistance to federalizing public GRAM IN PUBLIC SCHOOLS schools is based entirely on my belief that Mr. DOOLITTLE. Mr. Speaker, today, Thurs- public schools should be decentralized, local, HON. TOM LANTOS day, February 12, 1998 marks the 25th anni- versary of Operation Homecoming, the day on parent-drive, student-centered, efficient institu- OF CALIFORNIA which the first group of heroes whose experi- tions which offer competitive services enabling IN THE HOUSE OF REPRESENTATIVES students to be the world's best. ence as prisoners of war ended as they were Thursday, February 12, 1998 released from captivity in North Vietnam. Our We would all do well to remember that the Mr. LANTOS. Mr. Speaker, I would like to colleague, Representative SAM JOHNSON was most valuable gift we can give to any child is ask my colleagues to join me in commending one of those heroes. a quality education. As both a father, and a the public schools of the Canton and City of SAM JOHNSON began his 29-year career in member of Congress, ensuring an effective Basel, Switzerland, on the comprehensive pro- the United States Air Force after realizing his public school system will continue to be gram of Holocaust education which has been love for adventure and his love of flying. Al- among my chief objectives. adopted for their public schools. though his training prepared him for the war, February 12, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E167 his training did not prepare him for what he This amounts to institutional discrimination the latter half of this century, Robert had to endure next. On April 16, 1966, SAM's against Israel at the United Nations. Rauschenberg's groundbreaking work has F±4 was shot down over North Vietnam. It The real story here is two-fold: On the one been included in the most prestigious collec- took only seconds for the enemy to capture hand there are Arab states who have denied tions and won awards around the world. SAM, but it took nearly seven years for SAM to Israel the consensus vote it needs to join its Robert has used his artistic voice to benefit see his wife, three children and his home natural, geographic, regional blocÐthe Asian humanitarian causes. He created the first again. bloc. On the other hand, there are the mem- Earth Day poster in 1970. In 1990, he estab- The enemy tried to break SAM JOHNSON on ber states of the Western Europe and Others lished the Robert Rauschenberg Foundation to numerous occasions, but SAM was unbreak- Group, otherwise known as the WEOG re- promote medical research, education, the en- able. His faith in God and his strong will to live gional bloc, who have failed to embrace vironment, and to aid the hungry and home- enabled him to survive. SAM was an officer, a Israel's request to temporarily join their group- less in the United States and across the leader, and a teacher. He would secretly com- ing. globe. municate with the new prisoners that were This is where the United States must step This weekend, Robert Rauschenberg will be brought into Hanoi, teaching them how to sur- up and show true leadership. And this is why honored in Houston for the greatness of his vive. These were the qualities of a true leader, I have introduced ``The Equality for Israel at life's work. Though Robert left Port Arthur to risking his life to protect his fellow man. the United Nations Act of 1998.'' seek his fortune in the world, he is a symbol SAM JOHNSON is a fighter. He fought for his WEOG, to which the U.S. belongs, is one of of the greatness that lurks within each child. A child who grows up among oil refineries be- country, his family and his faith. As a member the five regional blocs at the United Nations. came one of the most important artists of his of Congress, SAM valiantly wages this fight Other non-European countries: Western-style generation. He is a native of our area and we todayÐfor all of us. democracies such as Canada and Australia al- are duly proud, but we know that Robert Today we honor the heroes who endured ready belong to the WEOG. Israel would be a the horrible pain and suffering as prisoners of Rauschenberg, through his work, belongs to perfect fit, at least temporarily. the world and to the ages. war. Today is a celebration of SAM JOHNSON's The issue is not whether Israel deserves to f strength and courage. He demonstrated an be treated as an equal among nations, it sure- unfailing devotion to duty, honor, and country. ly does. The challenge is how to achieve TRIBUTE TO LEVI PEARSON Let us commemorate SAM and all American equality at the United Nations. World-wide rec- POWs for their courage and determination in ognition of Israel as an equal at the United HON. JAMES E. CLYBURN upholding the principles of freedom and de- Nations would be the right message to send OF SOUTH CAROLINA mocracy. now to help advance the struggling Middle IN THE HOUSE OF REPRESENTATIVES f East peace process. Thursday, February 12, 1998 But this is not just an Israel issue, this is a ‘‘EQUALITY FOR ISRAEL AT THE Mr. CLYBURN. Mr. Speaker, I rise today UNITED NATIONS ACT OF 1998’’ United Nations issue. And clearly, Israel's ac- ceptance into the WEOG would be a welcome during Black History Month to pay tribute to a sign of real reform taking place at the United true pioneer, Levi Pearson. As today is the HON. STEVE R. ROTHMAN Nations. 89th anniversary of the founding of the Na- OF NEW JERSEY There already has been a groundswell of tional Association for the Advancement of Col- IN THE HOUSE OF REPRESENTATIVES support in the U.S. Congress for this issue. ored People, I should note that he was Presi- Thursday, February 12, 1998 Seventy-six Members of Congress, many of dent of the Clarendon County, SC, branch of Mr. ROTHMAN. Mr. Speaker, today I rise to whom serve on the House International Rela- the NAACP. However, it is the work he did as an ordinary citizen from a small county in introduce the ``The Equality for Israel at the tions Committee, joined me and Representa- South Carolina for which he should be remem- United Nations Act of 1998.'' With the strong tive ILEANA ROS-LEHTINEN last year in sending bered. letters to the member states of the WEOG, support of over 60 original co-sponsors, in- Last week, I paid tribute to the 20 plaintiffs cluding both the Chairman and Ranking Mem- asking them to allow Israel to join the WEOG of Briggs v. Elliott. Those plaintiffs were the ber of the House International Relations Com- as a temporary member. foundation on which the case of Brown of mittee, this bill seeks an end to the institu- Secretary of State Madeleine Albright and Education of Topeka was based that eventu- tional discrimination Israel has faced at the our Ambassador to the United Nations, Bill ally won the battle of public, desegregated United Nations for far too long. Richardson, both agree that this issue needs education in our nation. Today, I pay tribute to Specifically, this bill requires that the Sec- to be pursued. In fact, Ambassador Richard- the man who took the first courageous step on retary of State report on actions taken by our son told me personally that he will work to ``re- that very long road. Ambassador to the United Nations to encour- dedicate U.S. efforts on this issue.'' In 1947, the search was on in Clarendon age the nations of the Western Europe and Supporting Israel's right to be a full member County for a parent who had the courage to Others Group (WEOG) to accept Israel into of the United Nations is the right thing to do. test the legality of the discriminatory bus trans- their group. We owe no less to Israel, a strong U.S. ally, portation practices that were the norm. Pear- The bill also calls on the Secretary of State and to the United Nations, whose credibility is son had three children who attended Scotts to solicit and receive responses from each of threatened if all countries are not treated as Branch school nine miles from their home with the nations of WEOG on their position con- equals. no public transportation. On July 28, he signed cerning Israel's acceptance into their organiza- For these reasons, I ask my colleagues to a petition asking that ``school bus transpor- tion. In this manner, Congress can know lend their support for ``The Equality for Israel tation be furnished, maintained and operated which nations are supporting Israel's admit- at the United Nations Act of 1998.'' out of public funds in School District Number tance to WEOG and which nations are op- f 26 of Clarendon County South Carolina for posed. use of the said children of your Petitioner and As many of my colleagues are already TRIBUTE TO ROBERT other Negro school children similarly situated.'' aware, the State of Israel has been a member RAUSCHENBERG The petition was submitted to the local school of the UN since 1949. But what my colleagues board chairman and the secretary of the State and the American public might not know is HON. NICK LAMPSON Board of Education by the Reverend Mr. Jo- that Israel is the only long-standing member of OF TEXAS seph Albert DeLaine, a prominent Clarendon the United Nations to be denied acceptance IN THE HOUSE OF REPRESENTATIVES County schoolteacher. No response was into any of the organization's five regional Thursday, February 12, 1998 given. blocs. After 8 months of silence, Pearson's attor- Membership in a regional bloc is critical be- Mr. LAMPSON. Mr. Speaker, it is with tre- neys filed a brief in the United States District cause it is a prerequisite for any nation to mendous pride that I recognize a native of Court. In the brief, they cited the ``irreparable serve on the powerful Security Council or Port Arthur, Texas who has gone forth into the damage'' Pearson's children suffered from other key U.N. bodies such as the Economic world and become a legend in the world of art. being denied the free bus service to which and Social Council. Due to its exclusion from Robert Rauschenberg is the first American to white children were entitled. The case was a regional bloc at the United Nations, the win the prestigious Venice Biennale Grant dismissed saying Pearson has no legal stand- State of Israel has been precluded from fully Prize, as well as the first living American artist ing because his farm straddled the line be- participating in the workings of that world to have his work published on the cover of tween the school district where he lived and body. Time Magazine. In a career that has spanned where his children went to school. E168 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1998 Pearson's courageous stand made him a Overholt (Wing Back), Robbie Ramos (Wing VICE PRESIDENT GORE EMPHA- hero among his friends in the community, but Back), D.J. Gallagher (Tight End), Danny SIZES BIOSCIENCE AND COMMIT- a villain to his foes. Because he dared to Schaper (Offensive Tackle). Honorable men- MENT TO RESEARCH AND EX- question the status quo, the white community tion: Nick Selle (Offensive Tackle), Steve Hale PERIMENTATION TAX CREDIT IN cut off the credit Mr. Pearson needed for farm (Tight End), and Ben Gradias (Tight End). VISIT TO GENENTECH, INC. OF supplies and refused to buy goods raised on SOUTH SAN FRANCISCO, CALI- Other members of the 1997 Eagle cham- his farm. Despite the severe hardships placed FORNIA on Pearson and his family, he stood his pionship team include: Robbie Whittenburg, ground and remained in Clarendon County Jeff Harry, Israel Marshall, Will Kimble, Chad with his family as many black families moved Aldaco, Ben Foster, Jeremy McAllister, Joey HON. TOM LANTOS north. Morrison, Paul Avila, Jacob Southworth, Noah OF CALIFORNIA Although his name is not on the list of 20 Rivera, Nick Goldtry, Bryan Traynmham, IN THE HOUSE OF REPRESENTATIVES petitioners in the landmark case of Briggs v. Gavin Fort, Danny Paul, Chris Hardin, Steve Thursday, February 12, 1998 Elliott, Pearson was the driving force that led Avila, Daniel Meers, Nik Kreutzer, Tim Mason, to equal education for all. Mr. Speaker, I ask and Jared Richards. Mr. LANTOS. Mr. Speaker, it is my great pleasure to report to my colleagues about the that you join me today in paying tribute to Levi Mr. Speaker, I ask that you join me, our col- Pearson for he is indeed a pioneer, a hero visit of our Vice-President, AL GORE, who is a leagues, the team's families and many friends former colleague of many of us here in this and an outstanding American. in honoring the 1997 Arrowhead Christian f house. I had the pleasure of joining the Vice Academy football team. It truly has been yet President on Thursday, January 29, 1998, for A TRIBUTE TO THE ARROWHEAD another unforgettable season for the Eagles his visit to Genentech, Inc., which is located in CHRISTIAN ACADEMY EAGLES and it is only fitting that the House recognize the city of South San Francisco in the heart of them today. my congressional district. Genentech is an in- HON. JERRY LEWIS novative pioneer in the significant and increas- f OF CALIFORNIA ingly important universe of biotechnology. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, Vice-President GORE's visit INTRODUCTION OF THE MEDICARE Thursday, February 12, 1998 serves as an exclamation pointÐnot only to MANAGED HEALTH CARE SUN- the necessity of federal investment in the ex- Mr. LEWIS of California. Mr. Speaker, I rise SHINE ACT OF 1998 citing, path-breaking research and develop- today to honor the accomplishments of the Ar- ment that will lead us into the 21st century, rowhead Christian Academy (ACA) 1997 var- but also to the humanitarian nature of bio- sity football team of Redlands, CA. On De- HON. E. CLAY SHAW, JR. technology as practiced by outstanding com- cember 13, 1997, the ACA Eagles made his- OF FLORIDA panies such as Genentech. By supporting re- tory by winning the 1997 CIF-Southern Sec- search and development such firms conduct, tion Division XII Championship, thus becoming IN THE HOUSE OF REPRESENTATIVES we are aggressively fighting against cancer, the first team to win back-to-back CIF cham- prevailing against both rare and common dis- pionships in San Bernardino County, CA. The Thursday, February 12, 1998 eases, and rallying against those intrepid en- Eagles' remarkable season was further high- Mr. SHAW. Mr. Speaker, I rise today to in- emies of our times that we have come to lighted by being ranked fifth in the state by troduce legislation that will require health know as heart-disease, stroke, and diabetes, Cal-Hi Sports in Division V. maintenance organizations (HMOs) under among others. In short, by supporting re- Despite competing against several higher di- Medicare to disclose certain information to in- search and development, we are improving vision teams, the Eagles racked up a total of dividuals who subscribe to an HMO, or who the quality of the lives of all Americans. 567 points over the course of the season and won four shut-out games. With their renowned are a prospective subscriber to an HMO. I would like to take this opportunity, Mr. offense scoring an average of 40 points per Specially, my bill would require an HMO to Speaker, to bring to the attention of my col- game that their unmovable defense holding its provide Medicare subscribers or prospective leagues the highlights of the remarks of Vice- opponents to an average of just 14 points per subscribers with a description of the medical President GORE in relation to the specific ac- game, it is no surprise that the Eagles ended education and training received by the HMO's complishments of Genentech, Inc., which were their season with a remarkable record.11±3. physicians, the physicians' history of domestic made during the meeting at the corporate headquarters during our visit. Special recognition is in order for Head of foreign medical practice, and the position Genentech serves as a unique and com- Coach Dan Finfrock, Assistant Coaches Drew each physician currently holds in the HMO. In mendable model for the high-tech industry. As Rickert, Dave Wiseman, Dave Marshall, Jon addition, my bill would require an HMO to dis- Vice-President GORE pointed out, ``Here at Burgess, Nate Finfrock, and Trainer Ben close to subscribers upon request its audited Genentech, you have taught us another les- Mulder for their leadership and service. Addi- financial statements, as well as the salaries of son: in the 21st Century, research and experi- tional congratulations go to Coach Finfrock for its five highest paid executives. Any pro- being named CIF Southern Section Division mentationÐinnovation and ingenuityÐis about motional material by the HMO would state that our livelihoods as well as our lives.'' In these XII Coach of the Year for the second year in the above information is available upon re- remarks, Vice-President GORE referred to both a row. quest. Overall, my bill would allow Medicare Many of the Eagles were honored with the high-wage levels of the high-tech industry, HMO subscribers to scrutinize their HMO's fi- as well as the high-tech industry's status as awards. CIF All-Southern Section awards in- nancial condition to ensure that quality health cluded: First TeamÐDan Jeffers (Defensive one of the largest employers in the United care delivery is being achieved. line), and Second TeamÐSteve Wharry (Line- States. The fostering of the high-tech industry backer). All Southern-Section CIF Division XII It is time for HMOs, who receive federal dol- spurs economic growth and a healthy and vital awards included: Offensive Player of the Year: lars and ask for the trust of our nation's sen- job market that benefits whole communities. Jonathan Reed (Fullback), and Defensive iors, to be open and candid about their oper- Vice-President GORE also referred to the Player of the Year: Dan Jeffers (Defensive ations. It is time for Medicare HMO subscrib- Administration's proposal in its annual budget Tackle). Other All CIF selections included: ers to benefit from efficient management. It is to extend the $2.2 billion Research and Ex- Brandon Camacho (Nose Guard), Danny time we allowed a little sunshine into our na- perimentation (R&E) Tax Credit from June Schaper (Offensive Tackle), Ben Ballard tion's Medicare HMOs. 30th, 1998 to June 30th, 1999. The extension of this tax credit is especially encouraging to (Quarterback), and Trevor Wilson (Wingback). Mr. Speaker, my bill builds on the reforms the growing Bay Area bioscience industry and First Team All Christian League selections passed last year as part of the Balanced Act to all of our high tech industries which depend were: Trevor Wilson (MVP), Steve Wharry of 1997 (Public Law 105±33). Those reforms (Defensive MVP), Brandon Camacho (Nose upon the R&E Tax Credit to make their exten- gave HMO subscribers greater protection by Guard), Ben Ballard (Quarterback), Jonathan sive and dynamic research feasible. By allow- giving them access to pertinent information Reed (Fullback), Robbie Ramos (Corner ing firms such as Genentech to claim a credit about HMOs. This bill is also similar to a bill Back), Dan Jeffers (Offensive Tackle), and against their federal taxes for a portion of their I introduced in the last Congress, H.R. 2249. Joe Ramos (Corner Back) extensive research and development costs, Second Team All Christian League selec- I urge my colleagues to join me in support- we in the federal government are taking a criti- tions were: Allan Kavalich (Center), Carl ing this important legislation. cal step to ensure new, high-wage jobs in the February 12, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E169 next century. As Vice-President GORE esti- not seen the diversity of faces that he ob- us about the value of things we often take for mated, ``Here at Genentech alone, it will mean served at Genentech. And, as a federal legis- granted in our fast-paced workaday world. 150 new jobs for Californians.'' lator, I was especially affected by Vice-Presi- Natural disasters have a way of changing our Importantly, Mr. Speaker, the R&E Tax dent GORE's words that, ``In fact, Genentech's smug assumptions about being self-made Credit not only promotes a healthy economy, 3,200 jobs might not be here at all if our fed- people who can live to ourselves and by our- it also stimulates additional research and ex- eral government had not invested in the re- selves. They teach us the value of friends and perimentation. The savings gained by the bio- search that led to the discovery of the DNA.'' neighbors. technology companies from the R&E Tax It is a meaningful and significant chain that Centuries ago, someone asked the ques- Credit allows them to meet significant human connects our country to the high-tech industry, tion, ``who is my neighbor?'' Although the word medical needs as expediently as possible. and Vice-President GORE wisely discerned comes from an old English word meaning Genentech is a leader among United States that ``More research and development means ``near dweller,'' the proximity of people does firms in its unequivocal commitment to re- higher productivity, rising wages, and lower not define neighborliness. It is the proximity of search and development investment, spending costs throughout our economy.'' Mr. Speaker, the human heart during a moment of crisis almost 50% of its total sales revenues on con- I thank my colleagues in this House for their that perhaps defines it best. tinuing research and development activities. efforts in support of funding research and de- I speak for thousands of Kentucky residents The emphasis on research has, in part, en- velopment which has helped to move our when I say that we are grateful that the town abled Genentech to offer the world a special country forward and make possible the excit- of Sherman reached out to usÐas their neigh- insight into the disease of breast cancer. Ap- ing breakthroughs in science and technology bor. We are grateful for your friendship and for proximately 45,000 women in the United which have furthered the progress of all of your concern, and we will never forget you. States are affected by breast cancer every mankind. year. With the help of a new Genentech prod- It is with tremendous sense of excitement f uct, Herceptin, which is currently in the final about the future and a profound hope that I clinical trial phase for the Federal Drug Admin- urge my colleagues to join me in applauding DAYCARE FAIRNESS FOR STAY- istration (FDA), we may soon be able to fight the efforts of Genentech, Inc., and other AT-HOME PARENTS cancer at a molecular levelÐa new and very American companies which are leaders in the promising breakthrough. scientific world through whose work we will SPEECH OF Genentech has completed its Herceptin re- step into the next century with strength, with search and is compiling data for the new drug courage, and with knowledge. HON. DIANA DeGETTE application for FDA approval. The company f OF COLORADO hopes that Herceptin will be as successful as their drug Retuxin, which the FDA approved in A HEARTFELT THANK YOU TO IN THE HOUSE OF REPRESENTATIVES November and is currently a significant weap- THE SHERMAN CONGREGA- Wednesday, February 11, 1998 on to patients battling non-Hodgkins TIONAL CHURCH lymphoma, a type of cancer which attacks the Ms. DEGETTE. Mr. Speaker, as one of just lymph nodes. The development of drugs such HON. SCOTTY BAESLER a handful of mothers in the 105th Congress as Herceptin and Retuxin, however, come with with young children, I know how difficult it is OF KENTUCKY to find quality, affordable child care. That is a heavy price tag, as the average research IN THE HOUSE OF REPRESENTATIVES cost for any one drug can cost over $360 mil- why this resolution is particularly important to Thursday, February 12, 1998 lion. me. We must be supportive of parents who Despite this expenditure, Genentech works Mr. BAESLER. Mr. Speaker, I rise today to have the ability to stay home with their chil- hard to make its drugs available to patients, offer my heartfelt thanks and continuing grati- dren and can afford to forgo a second income. and it is my distinct pleasure to commend one tude to the Sherman Congregational Church in However, the majority of American families of Genentech's humanitarian operations, its Sherman, Connecticut, and indeed, my thanks with working parents rely on child care to help Uninsured Patient's Program. Through this to the entire town of Sherman, Connecticut. them care for their children. program, Genentech is committed to make its Last March, Kentucky was struck by one of Quality child care is critical for many families market products available despite the limits of the worst natural disasters in recent memory. in this country. I am concerned that this reso- a patient's government or private insurance. After nights of rain, streets became canals and lution (H. Con. Res. 202) misrepresents how Essentially, to the extent that a patient cannot roadways became rivers. Cars and trucks many children of preschool age have mothers afford a product, it is provided to them free of competed with boats and rafts for the right of in the labor force who rely on someone else charge. way. Flood waters transformed neighborhood to help them care for their children. The reso- During his visit to Genentech, Vice-Presi- parks into tributaries as nature ran amok. lution includes statements which suggests that dent AL GORE re-iterated the Administration's Members of the Sherman Congregational child care is not an issue for most American commitment to research with the 21st Century Church saw pictures of the devastation in families. As families struggle to make ends Research Fund, the ``largest investment in ci- Paris, Kentucky, and throughout Bourbon meet, the reality is more parents are working vilian research and development in American County, Kentucky. Their hearts went out to the full time, part time or looking for work than history.'' The scientific community works to- families without homes, and the children with- ever before. As a result, 60% of preschool gether to produce the miraculous science that out toys. The Church and the town of Sher- aged children have mothers in the work force. gives us our current technology and medical man reached out to usÐcalling the Paris/ The correct statistics demonstrate that quality, innovations. This 21st Century Research Fund Bourbon County Chamber of Commerce and safe and affordable child care is vital for most includes the highest-ever increases in the offering their assistance. Truckloads of sup- American families. Even parents who forego budgets of the National Institute of Health and plies were sent to help out the residents of an extra income often rely on child care, like the National Science Foundation. As Vice- Paris and Bourbon County. The response from parents day out programs, to help them. In President GORE proclaimed, ``Taken together, Sherman was so great that Paris and Bourbon 1996, 78% of all four year old were in non-pa- the $31 billion in the 21st Century Research County were able to share those supplies with rental care at least some part of the week. Fund will help us to cure deadly diseases; to surrounding communities in need. Congressional legislation must address the find new sources of clean energy . . . to build But the generosity did not end when the needs of both working and stay at home par- the next generation of the Internet, moving flood waters receded. In November, members ents to provide them with quality, safe and af- 1,000 times faster than the current one; and to of the Sherman Congregational Church called fordable child care regardless of their eco- continue to explore the heavens.'' again, asking for the names, ages, and ad- nomic situation. A family where both parents I am extremely impressed by the efforts of dresses for the families who were victims of work should not have to compromise its chil- Genentech and the biotechnology industry in the flood. More than 30 boxes arrived from dren's well-being due to poor child care the Bay Area. I have always believed that Sherman containing gifts for 59 families, and choices. The ultimate goal of this Congress Genentech is a special place, a different kind the 119 children who lost so much in the should be helping families, whatever their situ- of company, and I was pleased that Vice- flood. ation, provide the best possible care for their President GORE commented upon the fact that Tragedies are eyeopening. They reveal a children. We need to support ALL parents in of all the corporations he has visited, he had great deal about the human spirit. They teach their child care choices. E170 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1998 PROTECTING AMERICAN nent of polluted runoff in many watersheds is that is supposed to make sure they don’t pol- TAXPAYERS FROM IRS SEIZURES surface and ground water pollution from con- lute the water has just one man on the job. centrated animal feeding operations (CAFOs), There is no telling how many miles of creek are being ruined, or how much drink- HON. HOWARD P. ‘‘BUCK’’ McKEON such as large dairies, cattle feedlots, and hog ing water could be lost to contaminants OF CALIFORNIA and poultry farms. Under current Clean Water spreading silently underground. Regulators IN THE HOUSE OF REPRESENTATIVES Act regulations, CAFOs are supposed to have themselves are the first to admit that the no discharge of pollutants, but as a result of situation is going from bad to worse. Thursday, February 12, 1998 regulatory loopholes and lax enforcement at While dairy herds keep growing, officials Mr. MCKEON. Mr. Speaker, I rise today to the state and federal levels, CAFOs are in re- at the Central Valley Regional Water Qual- introduce important legislation to protect Amer- ality major polluters in many watersheds. My ity Control Board say that most of the val- ican taxpayers from wrongful and unnecessary bill, the Farm Sustainability and Animal Feed- ley’s 1,600 dairies have never been inspected and that probably fewer than half follow the IRS seizures. lot Enforcement (Farm SAFE) Act addresses law. My bill creates an independent panel of tax these deficiencies. I hope my colleagues will ‘‘Individually and cumulatively, (dairies) attorneys, certified public accountants, and en- join me in trying to address this significant pose a significant threat to surface and rolled agents to review all proposed IRS sei- threat to water quality and human health. groundwater,’’ concluded a 1995 report to the zures. This panel would determine whether Included for the RECORD is an article from board urging a sixfold increase in regulatory there are more appropriate means of collect- the San Francisco Chronicle describing water staff. ing the unpaid taxes and will ensure that IRS quality problems caused by dairies in the San ‘‘We were barely scratching the surface,’’ said Larry Glandon, a dairy inspector who agents have complied with the regulations re- Joaquin Valley of California. Contaminants as- has since retired, leaving just one. ‘‘We knew lated to seizures. Without approval of a major- sociated with animal waste have also been it. Everybody knew it.’’ ity of the panelists, IRS agents will not have linked to this summer's outbreak of Pfiesteria The unchecked pollution attests to the the ability to place levies on taxpayers' homes, in Maryland and the death of more than 100 considerable muscle of California’s leading salaries, or assets. people from infection by cryptosoridium in Mil- agribusiness. In January, I held IRS forums in my district waukee. Although considered point sources of Statewide, a million-plus cows churn out and was shocked to hear the horror stories in pollution under the Clean Water Act, little has $3 billion worth of milk and cream a year, the testimonies of my own constituents. One nearly twice the earnings of the state’s No. 2 been done at the federal or state levels to crop, grapes. In the past six years, dairy after the other, stories of unwarranted pres- control water pollution from CAFOs. groups have contributed more than $700,000 sure and direct intimidation of IRS agents In recent years, many family farms have to state election campaigns, most of it to in- were told, many of which included cases of been squeezed out by large, well capitalized cumbents in the Legislature. seizures. In several situations, the agents also factory farms. Even though there are far fewer ‘‘Dairies have been rather untouchable,’’ failed to adhere to established rules and regu- livestock and poultry farms today than there said Glandon, who was with the board for 16 lations. Clearly, greater oversight of this abu- were twenty years ago, animal production and years. ‘‘They have a lot of political signifi- sive IRS practice is critical, and I have intro- the wastes that accompany it have increased cance in Sacramento. It’s kind of under- stood.’’ duced this bill in response to the disturbing ex- dramatically during this period. And although Some dairies do their best to contain their periences many of my constituents have en- farm animals annually produce 130 times wastewater—a rich brine of manure, urine dured. more waste than human beings, its disposal and water that is supposed to be stored in a We have all witnessed the alarming stories goes virtually unregulated. leak-resistant lagoon, then used to irrigate of our fellow Americans before the Senate Fi- Farm SAFE will require large livestock oper- crops. nance Committee this fall. It was evident that ations to do their part to reduce water pollu- The idea is to recycle the wastes right on in many cases levies and seizures have fa- tion. The bill will lower the size threshold for the farm. As long as there is enough crop- vored devices used to measure employee per- land, and not too many cows, potentially CAFOs, substantially increasing the number of harmfull nutrients in the wastewater can be formance for status and promotion purposes, facilities that will have to contain animal captured by the plants. In the right quan- not for the interest of the taxpayer. More often wastes. It will require all CAFOs to obtain and tities, the nutrients don’t harm the crops, than not, IRS agents have been pushed by abide by a National Pollution Discharge Elimi- but help them grow. their superiors to initiate more seizures to nation System (NPDES) permit. The bill im- But all too often, regulators say, there are achieve promotions within the agency. As a proves water quality monitoring, recordkeeping too many cows or not enough crops. Then, result of new IRS procedures, the same supe- and reporting so that the public knows which dairies simply let their wastes overflow— riors are now responsible for directly approv- CAFOs are polluting. Farm SAFE addresses onto neighbors’ fields, into roadside ditches, ing seizures for unpaid federal taxes. into creeks that feed rivers already degraded loopholes in the current regulatory program by by other pollutants. Nearly 80% of Americans feel that the IRS requiring CAFOs to adopt procedures to elimi- Perhaps a greater worry, they say, are has too much power. And while taxpayer nate both surface and ground water pollution findings not yet released suggesting a steady rights are beneficial in many ways, they often resulting from the storage and disposal of ani- but invisible poisoning of water under- do not go far enough. Without the means of mal waste. The bill also directs EPA, working ground. enforcing these rights, the IRS will retain much with USDA, to develop binding limits on the Industry spokesmen deny that violations of its power and American taxpayers will be amount of animal waste that can be applied to are widespread. forced to tolerate more abuses by the IRS. ‘‘If they’re saying they don’t have the staff land as fertilizer based on crop nutrient re- to go out and monitor, how can they make Mr. Speaker, with this bill, Congress can re- quirements. the statement that half are not in compli- spond to the problems the IRS has with sei- This legislation will restore confidence that ance? I question the accuracy of that state- zures and levies that have ruined the lives of we can swim and fish in our streams and riv- ment,’’ said Gary Conover of Western United a great number of American taxpayers. The ers without getting sick. It will do much to ad- Dairymen, the state’s biggest dairy lobby. independent panel created in this bill will make dress our number one remaining water pollu- ‘‘Over the last 20 years, the industry has the IRS accountable by stopping questionable tion problemÐpolluted runoff. I hope the come a long way to meeting its obligations seizures before they occur. House will join me in the effort to clean up fac- under the law,’’ Conover said. ‘‘I think all in all, the dairy has done a very good job of f tory farm pollution. controlling their wastes.’’ INTRODUCTION OF THE FARM SUS- [From the San Francisco Chronicle, July 7, Yet some dairy owners readily concede TAINABILITY AND ANIMAL 1997] that in the grueling seven-day-a-week busi- ness of raising and milking cows, what’s PAGE ONE—IN CENTRAL VALLEY, DEFIANT FEEDLOT ENFORCEMENT ACT coming off the back end of the dairy is often DAIRIES FOUL THE WATER little more than an afterthought. HON. GEORGE MILLER (By Elliot Diringer, Chronicle Staff Writer) ‘‘There’s no way with the price of milk we Central Valley dairies routinely defy pollu- OF CALIFORNIA get that we can afford to meet these rules,’’ tion laws—fouling rivers and groundwater said one. ‘‘If they made all dairymen in Cali- IN THE HOUSE OF REPRESENTATIVES with waste from their cows—and state regu- fornia do that, I think milk prices would Thursday, February 12, 1998 lators say there is little they can do about skyrocket.’’ it. The real problem, insist regulators, is Mr. MILLER of California. Mr. Speaker, California is now the nation’s leading dairy power and money. today I introduce legislation to address the state, and most of the cows are in the Cen- In 1988, when the Legislature set annual most important source of water pollution facing tral Valley, creating as much natural waste waste fees for factories, sewage plants and our countryÐpolluted runoff. A major compo- as a city of 21 million. Yet the state agency other dischargers, dairies were granted an February 12, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E171 exemption. Instead, they pay a one-time fee uid from a shallow canal, part of the vast ‘‘I expect there are plumes of high-salt, of no more than $2,000. As a result, there is grid of drainage ditches dug all across the high-nitrate water under dozens, if not hun- little in the budget for regulating them. valley floor to carry off used irrigation dreds, of these sites . . . The nitrate is even- In the years since, the volume of waste has water. tually going to get into the deeper stuff. It is kept growing as dairies relocate from fast Pratt poured the solution into a small just a matter of time,’’ said Rudy Schnagl, urbanizing Southern California or try to meter that measures electrical conductivity, who oversaw dairy regulation for 10 years as boost profits with bigger herds. Last year, a crude indication of salts and solids. The chief of the regional board’s agricultural there were 891,000 milk cows and heifers in needle jumped to 520, twice what it should unit. the valley, up 42 percent from a decade be- be. ‘‘What concerns me is there are a lot of fore. A cow typically produces as much ‘‘I can come out here just about any day of rural residences that still have old wells that waste as 24 people. the year and find dairy wastes going into don’t go down so deep.’’ Schnagl said, ‘‘I sus- Pollution authorities have concerns about that drain,’’ he said dejectedly. ‘‘All these pect a lot of those people are drinking water other ‘‘confined animal facilities’’ raising little creeks and drains would support fish if exceeding the nitrate standard.’’ beef, poultry and swine, but in the Central there was no dairy waste going into them. Some experts say the Central Valley need Valley they are far outnumbered by dairies. But there’s no fish, because they can’t sur- only look south, to the Chino basin east of Bill Crooks, former executive officer of the vive.’’ Los Angeles, to see what it ultimately risks. regional water board, said the agency has ap- Pratt used to get more help from the state With the highest concentration of dairies in pealed regularly to its parent agency, the Department of Fish and Game, which has the world, the Chino basin years ago was State Water Resources Control Board, for suffered cuts of its own. Dennis DeAnda, a forced to write off vast quantities of tainted more money to monitor dairies. patrol lieutenant in Merced, said that as a groundwater. But with subdivisions now dis- ‘‘We’ve continually raised the issue on a field warden, he investigated several big placing the dairies, water is in high demand. number of fronts,’’ Crooks said. ‘‘But at the dairy spills that left fish floating dead. But There is talk of building exorbitant desalina- same time, we could see the handwriting on the subtler efforts of smaller, chronic re- tion plants so cities can tap the dirty under- the wall. We could see it wasn’t very popu- leases, he said, are harder to gauge. ground cache. lar, so we didn’t push it very hard.’’ ‘‘We’re dealing with probably several hun- A bill before the Legislature would author- dred dairies on the San Joaquin River ‘‘It’s so heavily loaded now with nitrates ize 18 new enforcement positions statewide, alone,’’ DeAnda said. ‘‘Those impacts cer- from dairy cows, it’s just useless,’’ said Bill and the three or four going to the Central tainly are going to affect fish farther down- Fairbank, an agricultural waste engineer Valley could be assigned to dairies, said stream.’’ who spent 30 years at the University of Cali- Craig Wilson, assistant chief counsel at the In the long run, the bigger worry may be fornia. ‘‘The Central Valley’s headed in that state board. But, he said, there are many what is happening underground, where no direction, too, if they don’t get their act to- other pressing needs. one can see. gether.’’ ‘‘The dairy industry prevailed upon the When stored in a leaky lagoon, over-ap- Legislature to give them an exemption plied to crops or simply piled too deep in a f where they pay this one-shot deal,’’ Wilson corral, dairy wastes stand a good chance of said. ‘‘I don’t think it’s equitable. But we’re seeping down into the ground. Eventually, DAYCARE FAIRNESS FOR STAY- stuck with the hand we’re dealt.’’ the groundwater below can load up with ni- AT-HOME PARENTS Day in and day out, the man trying to play trates, a form of nitrogen that in sufficient that hand is Louis Pratt. All too often, he quantities can sicken or kill an infant. says, it’s a loser. Wells used by public water systems are pe- SPEECH OF Since Glandon’s retirement, Pratt has been riodically checked, and from 1984 to 1996, the the one man in the field. number in the Central Valley with nitrates HON. NANCY PELOSI He is a pollution detective, tracking dairy above the drinking water standard jumped OF CALIFORNIA wastes, in some cases many miles, to their fourfold. Private wells serving individual IN THE HOUSE OF REPRESENTATIVES source. Sometimes, particularly when winter homes tend to be shallower—and more vul- rains overfill lagoons, he finds huge quan- nerable to contamination—but there is no Wednesday, February 11, 1998 tities have been deliberately released. Usu- requirement they be routinely tested. ally, it’s just a small, steady overflow from There are other obvious sources of ni- Ms. PELOSI. Mr. Speaker, the legislation a dairy that doesn’t seem to care. trates—leaking septic systems and overuse before us rightly acknowledges the importance Pratt’s is an exasperating routine. The vio- of chemical fertilizers. Without sophisti- of parents who are fortunate enough to stay at lation notices he writes up are frequently ig- cated testing, it is usually impossible to home with their children. But this is only part nored. Even in cases where he manages to trace contamination to any single source. of the story. Had this resolution actually gone win stiff fines, some dairies go on polluting. ‘‘Is it dairy X or is it dairy Y? Or is it the One dairy he has hounded for 10 years was farmer who’s using ammonia fertilizer be- through committee, we would also have ad- finally hauled into court by the San Joaquin tween the two?’’ said Cindy Forbes, Central dressed the importance of working parents County district attorney’s office—the only Valley drinking water chief for the state De- who do not have the choice to stay at home. one in the valley that seems inclined to pros- partment of Health Services. ‘‘That’s the All parents must be supported in their child ecute dairies. The owners admitted illegal problem. There’s no smoking gun.’’ care choices. While we all want to support releases, paid nearly $10,000 in penalties and There is evidence suggesting that collec- parents who want to stay at home, we must costs, and were ordered by the court to clean tively, dairies pose a long-term threat to acknowledge that many parents must work to up. Central Valley groundwater—but the re- Last winter, their waste ponds were over- gional board has yet to release it. keep their families out of poverty. More par- flowing again. Deputy District Attorney In 1993, the agency dug 44 shallow monitor- ents work than have ever before, and more David Irey said that this time he will insist ing wells at five dairies thought to be doing families rely on the mother's income to make on tougher measures. ‘‘But this case is the a reasonable job controlling their wastes. ends meet. Many mothers are essential in tip of the iceberg,’’ said Irey. ‘‘We think Groundwater samples taken over the next helping support their families financially. A na- there could be hundreds of violations each two years showed average nitrate levels five tional study found that 55% of employed winter.’’ times the drinking water limit. women provide half or more of their household Cruising two-lane roads on the valley’s ‘‘The five dairies . . . share site character- east side one spring day, Pratt pointed to istics and follow management practices com- income. one dairy after another, casually noting vio- mon to hundreds of Central Valley dairies,’’ In California, the average earning of a two- lations and reciting his history of run-ins. notes a draft of the study, still under review parent family with both parents working full At one dairy near Elk Grove, a few dozen three years later. time at the minimum wage is about $21,000. Holstein lazed in puddles of watery waste, The ‘‘standard approach,’’ the report says, This is hardly enough to put food on the table, which seeped from the muddy corral. ‘‘They would be to stop the pollution and order let alone afford quality child care. just arrogantly let it go, flood the neighbors, cleanups. ‘‘Despite the fact that significant and tell the neighbors to go to hell,’’ said pollution is apparently occurring, the stand- Child care is a universal need. No parent Pratt. ard response is not feasible . . . Current must be discriminated against in our efforts to At the next, the waste lagoon was too staffing levels are not adequate.’’ provide safe, quality child care for families small for the number of cows. To keep it No one can predict when the contaminants who need it most. But we must work together from spilling, the dairy had over-applied might reach the deeper aquifers that supply to achieve this, not pit families with different wastewater to a field, which in turn drained much of the valley with its tap water. needs against each other. I urge all my col- But with farmers perennially crying for to a roadside ditch. ‘‘Eventually, it ends up leagues to work together on crafting a com- in the Cosumnes River,’’ he said. ‘‘I’ve talked more water, and some underground supplies to them, and they’ve done nothing.’’ already lost to pesticides, any drinkable re- prehensive child care proposal that addresses Farther south, near Escalon, Pratt pulled serves are certain to become more precious if the needs of all families for safe, quality, af- to the side of the road. With a long-handled the Central Valley keeps growing as pro- fordable care for our most precious hope for scoop, he plucked a sample of a brownish liq- jected. the futureÐour children. E172 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1998 PROMISES VS. PERFORMANCE: During his long and distinguished career, he U.S. Justice Department's Antitrust Division in THE 1996 TELECOM ACT REVISITED helped to build the law firm that would later expanding the scope of long distance ``check- bear his name, Halfpenny, Hahn, Roche & list'' items. HON. J. DENNIS HASTERT Marchese. Lou's expertise was sought in the Sadly, all Bell company applications to com- OF ILLINOIS areas of antitrust, trade regulation, and inter- pete in long distance have been denied. This IN THE HOUSE OF REPRESENTATIVES state taxation. He was well-published and the not only hurts the regional Bell companies, it Thursday, February 12, 1998 author of several books on the legal aspects also harms middle income and lower-income of distribution. Mr. HASTERT. Mr. Speaker, two years ago, consumers in my Congressional District and He loved representing entrepreneurial firms, across my home state. In Kentucky, for exam- on February 8, 1996, virtually the entire bipar- as he knew they were the backbone of a suc- tisan leadership of Congress and the Adminis- ple, more than 60 agreements have been cessful national economy. To achieve this signed between BellSouth and competitors tration gathered to celebrate the passage of end, he created the Distribution Research and the Telecommunications Act of 1996. It was seeking to provide local telephone service to Education Foundation, an organization dedi- ``re-sell'' local service. In contrast to federal supposed to reduce regulation, foster competi- cated to promoting wholesale-distribution. tion, create new jobs, and expand customer regulators, those closest to the ground know Lou won recognition as a leading legal au- the value of fostering competition. In other choice. thority in the automotive industry, receiving the But today, it is becoming increasingly clear words, state commissions continue to foster industry's leadership award in 1983. He also is local exchange competition. that the Federal Government has not delivered one of only two individuals outside of the auto- on that commitment. Of course, everyone has motive field to be elected to the Automotive Across Kentucky we are seeing examples of someone else to blame. However, the fact re- Hall of Fame. competitors operating in Lexington and Louis- mains that we have more regulatory road- Mr. Speaker, despite all of Lou's many ac- ville, where they can capture the more profit- blocks than ever. At every juncture, the FCC's complishments, he was proudest of all of his able business markets. Yet, we don't see a approach has been to adopt more rules and family. He is survived by his wife of 36 years, rush to introduce competitive services for resi- regulations. Almost all of those actions have Marge, and his five children, Anne, Mary dential customers. been overturned by the courts. Ellen, John, Meg, and of course Steve. It is In my view, it appears that there is a flaw Why should this matter to consumers? Be- within these fine individuals that his legacy either in the statute itself or with the manner cause it means that they aren't getting the continues today. in which the FCC is choosing to carry out its benefits of lower prices and more choices. I am honored to have known such an out- mandate. There's no doubt in my mind that we Mr. Speaker, it's time for someone to get a standing gentleman as Lou Marchese. His sorely need a collaborative approach by the handle on these runaway regulations, so I'm sense of humor and commanding presence FCC on this matter. This is what Congress ex- looking forward to the new commissioners will be sorely missed by all those whose lives pected when it voted on the Telecommuni- stepping up to the task. My message to the he touched. Lou's death was a great loss to cations Act. We still have this expectation. FCC is simpleÐCongress is still looking for the legal community and to all whom had the competition and more choiceÐlet's allow the In summary, we need an approach that is pleasure to meet him. I consider myself lucky communications marketplace to work for the reasonable, balanced, specific and consistent to have been one of them. American people, not the lawyers of the regu- with the clear intent of Congress. To do so, al- f latory bureaucracy. lows the Telecommunications Act of 1996 to f UNFULFILLED PROMISES: THE 1996 achieve its intended worth and promised value TELECOMMUNICATIONS ACT to consumers and telecommunications compa- TRIBUTE TO LOUIS R. MARCHESE nies. To do otherwise is to delay, or deny, the once-in-a-generation opportunity for consum- HON. SIDNEY R. YATES HON. SCOTTY BAESLER ers to benefit from a competitive and rapidly OF KENTUCKY OF ILLINOIS changing telecommunications market. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Thursday, February 12, 1998 Thursday, February 12, 1998 f Mr. BAESLER. Mr. Speaker, the etymology Mr. YATES. Mr. Speaker, a year ago Mon- CAMPAIGN FINANCE REFORM day, on February 9, 1997, Mr. Louis R. Mar- of the phrase ``buying a pig in the poke'' has chese, 65, died at his home in Arlington a rich linguistic history that can be traced back Heights, IL. I rise today to pay tribute to this to the 16th century. In those days, as in ours, HON. RON KIND fine man on the anniversary of his death. it refers to ``something offered in such a way I was acquainted with Lou Marchese as to obscure its real nature or worth.'' The OF WISCONSIN through his son Steven, my Legislative Direc- phrase is used these days to describe the IN THE HOUSE OF REPRESENTATIVES tor for Foreign Operations Appropriations. Lou growing sentiment regarding the Tele- was a prominent lawyer in Illinois, nationally communications Act of 1996. Thursday, February 12, 1998 recognized for his work in the wholesale-dis- When we voted on this legislation two years Mr. KIND. Mr. Speaker, the American peo- tribution industry. More importantly, he was a ago, we were promised a new era on the tele- ple are looking to us to pass meaningful cam- man of integrity and high moral character. communications frontier. We were promised paign finance reform in order to restore their Lou was the consummate self made man. better values for our consumers, greater com- faith in the political process. The President of His beginnings were humble; his parents were petition, a higher level of local competition, the United States has called for bipartisan first generation Italians. He worked hard to and increased investments in local service fa- campaign finance reform to restore fairness rise above the trappings of poverty, and was cilities. and structure to a system plagued by abuses the first in his family to attend college. When this chamber passed the bill, we ex- Education was a priority for Lou, and only pected prompt and effective action from the and unfair advantage. Now, leaders of cor- took a backseat when he served in the Army Federal Communications Commission. We ex- porate America have spoken out demanding during the Korean War. He later used the GI pected the FCC to give all consumers more campaign finance reform to ensure that busi- bill to attend law school at DePaul University long distance options and a greater array of nesses do not feel obliged to make large cam- in Chicago. He began his legal career at the services, in terms of local telephone and video paign contributions. The House still fails to set Chicago Association of Commerce and Indus- service choices. a date for debate and ultimately, a vote. What try and it was there that he developed a life- In my view, it seems that the FCC is moving group needs to speak out to get the attention long affinity for the needs of the American in the wrong direction in allowing companies of House leadership? businessman. to compete for long distance services. This I will continue to deliver daily statements. In- He was active in a number of industries, has been done at the expense of consumers dividuals and public and private interests will and was a leader among his peers. He served and the regional Bell companies. continue to speak out. The Senate will con- on the board of directors for many organiza- Although this is a tad tedious, the record tinue to do its job by voting on reform by tions and was instrumental in forming national, speaks for itself. The FCC has attempted to March 6, 1998. Will the House continue to turn regional, and local trade associations to cham- subordinate state agencies through mandatory a deaf ear to a growing voice calling for re- pion the rights of small, family-owned busi- pricing ``guidelines'' and other requirements. form? My constituents demand to be heard, nesses. Regrettably, the FCC has been joined by the they will not take ``no'' for an answer. February 12, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E173 OUR LADY OF THE LAKE UNIVER- continues into its second century of edu- zens of Seaside Park and their Mayor, John SITY INAUGURATES FIFTH cational service and excellence. Peterson, Jr., and the Centennial Committee PRESIDENT f Chairperson, Ms. Nancy Carlson, for their on- going and continuing pride and love for their HON. HENRY B. GONZALEZ TRIBUTE TO THE BOROUGH OF town. Once again, Mr. Speaker, I would like to SEASIDE PARK ON THEIR 100TH OF TEXAS congratulate the Borough of Seaside Park on ANNIVERSARY this historic milestone, and wish them a IN THE HOUSE OF REPRESENTATIVES happy, prosperous and successful next cen- Thursday, February 12, 1998 HON. JIM SAXTON tury. Mr. GONZALEZ. Mr. Speaker, on February f OF NEW JERSEY 21st of this year, Our Lady of the Lake Univer- sity will inaugurate Sally Mahoney as its fifth IN THE HOUSE OF REPRESENTATIVES HONORING DR. NORA KIZER BELL president. It is an honor for me to recognize Thursday, February 12, 1998 and applaud this important event at one of the HON. SAXBY CHAMBLISS Mr. SAXTON. Mr. Speaker, I am proud to leading institutions of higher learning in the OF GEORGIA rise in tribute to the 100th anniversary of the entire southwest portion of our Nation. IN THE HOUSE OF REPRESENTATIVES Borough of Seaside Park, New Jersey. Sea- Our Lady of the Lake University is coated in side Park is celebrating their 100th anniver- Thursday, February 12, 1998 the heart of the 20th Congressional District of sary on March 2, 1998, and will be holding a Texas, which I have had the honor and privi- Mr. CHAMBLISS. Mr. Speaker, I have the ceremony on Thursday, March 5 at 8:00 p.m. lege of representing in the U.S. Congress for distinct provilege today to honor a remarkable at the regular meeting of the Town Council. thirty-six years now. For over one hundred woman and the newest president of Wesleyan Other events will take place this summer, in- years, Our Lady of the Lake University has College in Macon, GA, Dr. Nora Kizer Bell. cluding an Ocean Mini-marathon swim on Au- provided premier education at the same loca- On December 23, 1836, the Georgia legisla- gust 15, a Dinner Dance on August 21, and a tion on the Westside of San Antonio. ture ratified the charter of the Georgia Female Centennial Parade on August 22, to be fol- The UniversityÐor ``The Lake'' as it is affec- College and empowered its president to ``con- lowed with a fair with children's games and tionately referred to in San AntonioÐwas origi- fer all such honors, degrees, and licenses, as music. are usually conferred in colleges or univer- nally established in Texas by the Congrega- The history of Seaside Park began in the sities''Ðmaking it the first college in the world tion of the Sisters of Divine Providence. From late 1800's, and early settlers found the area chartered to grant degrees to women. The col- its inception as a Catholic academy for young so beautiful, they planned to create a park; lege was founded through the efforts of a women, the Lake has grown into a coeduca- thus the name Seaside Park. The early set- group of Macon citizens and the Georgia Con- tional institution of world renown, serving an tlers were self-reliant people, and through their ference of the Methodist Episcopal Church, entire region with an offering of scores of efforts they built a strong and vibrant commu- expressing their commitment to the higher areas of study and advanced degrees. As I nity. In those early days, residents hauled education of women. said on the floor of the U.S. House of Rep- sand to create the first roads, and many resi- The Georgia Conference assumed respon- resentatives some eight years ago on the Uni- dents kept cattle, horses, and chickens. sibility for the college in 1843, and by an act versity Founder's Day, ``Our Lady of the Lake of the state legislature changed its name to University stands alone in its rich history of of- In 1872, the U.S. Life Saving Service was established, with William O. Miller as the first Wesleyan Female College. The ``Female'' was fering opportunities to groups left out of the eliminated from the name in 1917, but Wes- mainstream, including women of all ethnic captain. The Life Saving station became the Coast Guard Station with the founding of the leyan has remained a women's college groups and adult students.'' throughout its history. While its enrollment may be small in num- Coast Guard in 1915. Today, the station serves as a meeting facility and is home to the Wesleyan is also the birthplace of the first bers compared to some other universities, Our two Greek societies for women, the Adelphean Lady of the Lake is big in its impact. It main- borough offices. Train service to Seaside Park began July 4, Society in 1851 (now Alpha Delta Pi) and the tains the oldest social work program in Texas Philomathean Society in 1852 (now Phi Mu). at the Worden School of Social Service. The 1881, when the train made its first run from Philadelphia to Seaside Park. The railroad sta- In 1928 the Liberal Arts College was moved list of University graduates reads as a who's from its original College Street site to the new who of those working to make a difference in tion, built in 1882, is now the site of the Mu- nicipal Complex. Rivoli campus in north Macon. The historic their communities at the local level and nation- College Street building continued to house the In 1899, the Seaside Park Yacht Club was ally as well. It includes my esteemed col- School of Fine Arts, which consisted of the built. Seaside Park's famous Sewell Cup for league in the U.S. House of Representatives, Conservatory of Music and the departments of catboats was originally presented by U.S. the Honorable Ciro Rodriguez, and members art, theatre, and speech. In 1953 the School of Senator William Sewell during opening race of my own staff. Fine Arts, too, was moved to the present cam- ceremonies in 1900. The Sewell Cup is still Other graduates include Dr. Gloria pus. raced today. Rodriguez of Avance, Mary Jo Alvarez- This is the extraordinary history of the insti- Rodriguez of Project COPE, Guadalupe Gib- In 1913, Seaside Park's Volunteer Fire De- tution that is about to inaugurate an extraor- son and Dr. Ernesto Gomez of Centro Del partment was established. That year, the com- dinary new president. In 1997 Wesleyan Col- Barrio, Rosemary Stauber of the Bexar Coun- pany built their first vehicle, a horse drawn lege named Dr. Bell its twenty-third president, try Women's Center, and Louise Locker Elliot hose truck. A large iron gong was rung when- to succeed Robert Kilgo Ackerman. Dr. Bell is of the Elf-Louise program. The list goes on ever there was a fire, and residents re- a Magna Cum Laude and Phi Beta Kappa and will only continue to grow, thanks to the sponded. The gong is presently located out- graduate of Randolph-Macon Woman's Col- strength of the University as an institution and side the firehouse at the Municipal Complex. lege. She earned the master of arts from the the commitment of those associated with our In 1938, the Tri-Boro First Aid Squad was University of South Carolina and the doctor of Lady of the Lake. formed. The squad originally covered the area philosophy from the University of North Caro- As the recipient of an honorary doctoral de- from Lavallette to Barnegat Inlet. lina. gree in the humanities from Our Lady of the In 1973, Seaside Park adopted its official In 1998, one hundred sixty-two years after Lake, I would also like to extend my own per- Borough Seal. The seal is divided into three the college's founding, the president who con- sonal welcome and congratulations to Presi- parts, representing the trinity of land, sea and fers degrees on the graduates of Wesleyan dent Mahoney on the auspicious occasion of air, which are symbolized by the native beach will also be the first woman to serve in that ca- her inauguration as the fifth president of Our plum, striped bass and a sea gull. The colors pacity. This is a great day for post-secondary Lady of the Lake University. President of the seal are blue for nobility, gold for pre- education, women educators, Wesleyan Col- Mahoney takes the reins from my long-time ciousness, and white for purity. lege, and the City of Macon. and very dear friend, Sister Elizabeth Anne Mr. Speaker, today the Borough of Seaside I am proud to represent Wesleyan College Sueltenfuss, who served as President of the Park prides itself on its excellent beaches, its and I commend Dr. Bell and her faculty and Lake for the past nineteen years. I trust that quality of life, and its community spirit, where administration on their commitment that Wes- President Mahoney will have as long and pro- neighbors know and care about each other. I leyan College continue to provide the best ductive a tenure, as Our Lady of the Lake would therefore like to recognize all of the citi- education for tomorrow's leaders. E174 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1998 TRIBUTE TO A.J. NASTASI: PENN- money, and hearts to St. Jude's children. I 1998 CONGRESSIONAL OBSERVANCE SYLVANIA’S ALL-TIME HIGH would also like to commend all of those who OF BLACK HISTORY MONTH SCHOOL BASKETBALL SCORING have made these incredible advancements in LEADER saving our children from cancer. One cannot SPEECH OF praise the hospital staff and volunteers HON. JOHN F. TIERNEY HON. BUD SHUSTER enough for their efforts throughout their years OF MASSACHUSETTS OF PENNSYLVANIA of service. Moreover, I must also extend my IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES great appreciation to those who have donated Wednesday, February 11, 1998 Thursday, February 12, 1998 to St. Jude's over the years. With costs of Mr. TIERNEY. Mr. Speaker, while we cele- Mr. SHUSTER. Mr. Speaker, I rise today to over $60,000 for only the first year of treat- brate the many accomplishments and con- pay tribute to a young man who has made an ment, the children and St. Jude's count on our tributions that African Americans have brought athletic accomplishment that many people charity and generosity to fund their worthy to our diverse country this month, I would like thought would probably not be broken. A.J. cause and make treatment possible. Con- to bring to the attention of my colleagues an Nastasi, a student at Northern Bedford High gratulations, best wishes and acclaim to St. individual whose spiritual faith and dedication School located in Loysburg, Pennsylvania, Jude Children's Research Hospital, the chil- to inner-city children has been an inspiration broke the Pennsylvania Boys High School dren, staff, contributors and people of Central to many. basketball Scoring record on Saturday, Feb- New Jersey that will help Y107 reach its goal Rev. Walter Murray graduated from Harvard ruary 7, 1998, with 3,627 points. I was fortu- this weekend. School of Divinity in 1986 and for the past nate enough to be in attendance for this his- eight years, has been Pastor at Zion Baptist toric game, watching A.J. and his teammates f Church in Lynn, Massachusetts. During his take on my hometown's team from Everett, tenure at Zion Baptist he founded the ``Inroads Pennsylvania. A.J. has demonstrated great RECOGNIZING LAUREN HOUGH FOR New England'' program and provided transpor- poise and maturity throughout this exciting OUTSTANDING VOLUNTEERISM tation to inner-city children who otherwise basketball season, a trait no doubt attributed would not be able to attend program events. to his family. It should be noted that the pre- Last fall, Rev. Murray was honored for his vious record holder is a former colleague of HON. CURT WELDON work with Inroads New England. mine here in the House of Representatives, The co-founder of the Essex County Com- former Representative Tom McMillen of Mary- OF PENNSYLVANIA munity Organization, Rev. Murray also helped land. Tom set the state record in 1970 at IN THE HOUSE OF REPRESENTATIVES create the Jump Start program in the base- Mansfiled High School, scoring 3,608 points, ment of his church, which provided after- and went on to a successful college and pro- Thursday, February 12, 1998 school activities for latchkey children. He is a fessional basketball career before coming to member of the Swampscott, Massachusetts Congress. It was a privilege to be invited to Mr. WELDON of Pennsylvania. Mr. Speaker, Rotary Club and has assisted in the develop- honor A.J. and celebrate this momentous oc- I rise today to congratulate Lauren Hough of ment of youth leadership weekends. He has casion with the many fans, friends and family Agnes Irwin School. Recently, Lauren was been honored with the Massachusetts Ecu- members in attendance. Next Fall, A.J. will be named a Distinguished Finalist for the state of menical Council of Churches award for Ecu- attending West Virginia University as a schol- Pennsylvania in the Prudential Spirit of Com- menism, the First Decade Award from Harvard ar-athlete. A.J. has become part of an es- munity Awards. This nationwide program high- Alumni Association, and the Childrens De- teemed group of athletes through his accom- lights the achievements of America's most ex- fense Fund National Achievement Award. plishment. I wish A.J. the best in this future emplary young people, like Lauren, who volun- Frederick Douglass once said, ``I cannot endeavors, and hope that he continues his teer to make a difference in their communities allow myself to be insensitive to the wrongs success on and off the court. and throughout the world. and sufferings of any part of the great family f of man.'' Rev. Murray personifies the words of Miss Hough is being recognized for her the great abolitionist and civil rights leader RECOGNIZING THE Y107/ST. JUDE’S work with Operation Smile, an organization through his selfless dedication and spiritual TELETHON dedicated to providing medical assistance and devotion to the children who are often ne- surgical procedures to underprivileged children glected and forgotten. His work has touched HON. MICHAEL PAPPAS throughout the world. Last year, Lauren trav- the lives of hundreds of children and adults OF NEW JERSEY eled with the organization to Kenya, where and he continues to influence more and more IN THE HOUSE OF REPRESENTATIVES she assisted doctors by comforting children individuals every day. In our lifetime, we are Thursday, February 12, 1998 who are undergoing surgery for facial deformi- fortunate to know at least one person with ties. such philanthropic commitment, and as we Mr. PAPPAS. Mr. Speaker, this Friday and commemorate Black History Month, I am hon- Saturday, February 13 and 14th, radio station Operation Smile has made a significant im- ored to call Rev. Murray a constituent, a dear Y107 and the Woodbridge Center in New Jer- pact throughout our nation and in the world. friend, and an individual who truly represents sey will be hosting the first annual Y107/St. With the help of volunteers like Lauren, Oper- the achievements of African Americans to our Jude Radiothon. ation Smile has positively influenced over society. The radiothon which will run for a total of 41,000 children. f forty two and a half hours over the next two days, seeks to raise money for St. Jude Chil- Lauren Hough should be proud to have SALUTING SAM JOHNSON OF dren's Research Hospital for the fight against been singled out for recognition out of a na- TEXAS cancer and other catastrophic diseases. tional pool of over 11,000 students. I applaud Thirty-six years ago an entertainer by the the work of Miss Hough in making a difference HON. F. JAMES SENSENBRENNER, JR. and aiding the lives of children throughout the name of Danny Thomas founded the only hos- OF WISCONSIN pital devoted to solely fighting the plague of world. She has demonstrated a level of com- IN THE HOUSE OF REPRESENTATIVES cancer on the world's children. That hospital, mitment and integrity that is exceptional for a Thursday, February 12, 1998 the St. Jude Children's Research Hospital is student of her age. Mr. SENSENBRENNER. Mr. Speaker, I rise still today the only hospital devoted to this Lauren's work is a model for other students cause, and is still fighting cancer with a rare, to salute a colleague and a true patriot, Rep- and adults throughout the nation. Volunteer precious vigor and determination. resentative SAM JOHNSON of Texas. Today actions by those like Lauren is what made Treating over 14,000 children and making marks the 25th anniversary of Mr. JOHNSON'S scientific breakthroughs again and again, St. America great. As a representative of the release from North Vietnam, where he was Jude's had helped to increase the overall sur- youth of America, Lauren's vision for vol- held as a prisoner of war for nearly seven vival rate for children stricken with cancer with unteerism provides me with an enthusiastic years in the infamous Hanoi Hilton. 20 to 60 percent in its 36 year time span. outlook for the future. I thank Lauren and en- We have all heard stories of the horrific con- Today I would like to personally thank each courage her to continue working to make a dif- ditions endured by American servicemen who and every person who has devoted their time, ference in the lives of others. became pawns of the North Vietnamese as February 12, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E175 the Vietnam conflict raged. Representative Bailey Elementary; Longfellow Elementary; democracy and promote freedom around the JOHNSON saw some of the worst. He has been and Lydia Jackson Elementary. world. quoted as saying, ``If hell is here on earth, it Growth slowed during the Great Depression. I commend the Lithuanian-American com- is located on an oddly shaped city block in Despite the stagnant economy, in the latter munity for their persistence and hope through downtown Hanoi, Vietnam.'' part of the Depression, the District built the the many challenging decades. The 80th anni- Isolation, starvation, and torture were almost Lou Harry Hoover School. Following World versary of Lithuanian independence will be certainly not what Representative JOHNSON War II, phenomenal growth in the district celebrated by the Lithuanian-American com- envisioned as he participated in ROTC in col- prompted the construction and annexation of munity in Southeast Michigan on Sunday, lege and moved on to a military career as an 12 schools. During the post World War II era, February 8, at the Lithuanian Cultural Center Air Force fighter pilot. Yet when his F±4 was a total of 11,400 students graduated through in Southfield. shot down only two months into his second the Whittier City School District. After the Ko- I urge my colleagues to join me in honoring tour of duty in Vietnam, Representative JOHN- rean Conflict, total school enrollment had Lithuania's independence. SON took everything that was handed to him grown to 1,700 pupils. For the last 40 years, f all the while heroically maintaining his pride in the district has experienced steady growth. TRIBUTE TO BERNARD F. EICHOLZ the country he serves to this day. During the Vietnam Conflict years, the North He was labeled a diehard by his guards and Whittier School, later renamed Wallen An- banished to solitary confinement for months at drews Elementary, was built to accommodate HON. ROB PORTMAN a time. A patriot throughout, Representative students coming from the newly built tract OF OHIO JOHNSON returned home an continued his mili- homes along Workman Mill Road, north of the IN THE HOUSE OF REPRESENTATIVES tary service until his retirement in 1979. He City of Whittier. Thursday, February 12, 1998 was elected to the House of Representatives Currently there are 13 schools in the Whit- Mr. PORTMAN. Mr. Speaker, I would like to in 1991, where he has repeatedly shown his tier City School District: Wallen Andrews; Lou acknowledge the outstanding and tireless con- dedication to responsible fiscal policy, family Henry Hoover; Lydia Jackson; Abraham Lin- tributions of a distinguished Ohioan, Bernard values, and America's patriotic heritage. coln; Longfellow; Mill; Orange Grove; Daniel F. Eicholz, who recently retired from the Cer- Since his return from Vietnam, Representa- Phelan; Christian Sorensen; George Washing- tified Development Company (CDC) of Warren tive JOHNSON has received many awards in ton; West Whittier; Walter Dexter Intermediate County, Inc. recognition of his service to his country, in- and Katherine Edwards Intermediate. The From 1981 to 1997, Bernie served as found- cluding two Silver Stars, two Purple Hearts, Whittier City School District Board of Edu- er and President of the CDC. The CDC is a two Legions of Merit, the Distinguished Flying cation, consisting of School Board President vital tool for small business owners throughout Cross, and one Bronze Star with Valor, among Brigitta Weger, Vice President Dr. Owen New- Warren County. When he founded the CDC, others. comer, Clerk Dr. James Albanese, and few could have foreseen the growth and de- Representative JOHNSON, our tribute today Boardmembers Javier Gonzalez, and John velopment the area would experience. But is not so prestigious an award. Yet it is meant Peel, along with Superintendent Dr. Carmella Warren County has experienced record-break- to signify the gratefulness and respect of your Franco, are dedicated to the District's motto ing economic growth, and Bernie has been a colleagues for the service you have done your ``Educating Children . . . Our Only Busi- driving force behind it. During Bernie's service, country and continue to do as a Member of ness.'' With the arrival of the Centennial Cele- the CDC has helped small businesses to cre- this House. Representative JOHNSON, thank bration, student enrollment is near 7,000 and ate or retain nearly 2,000 full-time jobs in War- you. Your enduring will and patriotism in the the Whittier City School District estimates, ren County. face of unimaginable adversity is truly exem- after the conclusion of the current academic Bernie has devoted his entire life to public plary. year, a total of 43,700 students will have grad- service. Prior to founding the CDC, he served f uated from its schools during the past 100 as Mayor of Covington, Kentucky; City Man- years. HONORING THE WHITTIER CITY ager of Franklin, Ohio; Director of Economic Mr. Speaker, I ask my colleagues to join me Development for Warren County, Ohio; and SCHOOL DISTRICT ON THE OCCA- extending our congratulations and appreciation SION OF ITS CENTENNIAL CELE- Director of Economic Development for to the friends and family of the Whittier City Springboro, Ohio. He has also served as a BRATION OF EDUCATING School District on its 100th Anniversary and WHITTIER’S CHILDREN consultant to community leaders on issues for its century of exemplary dedication to pro- ranging from annexations to charters. viding top quality education for our youth. Bernie has given generously of his time and HON. ESTEBAN EDWARD TORRES f talent and we are grateful for his many years OF CALIFORNIA of service and leadership. His leadership in IN THE HOUSE OF REPRESENTATIVES CELEBRATING THE 80TH ANNIVER- SARY OF LITHUANIAN INDE- the business community and Warren County Thursday, February 12, 1998 PENDENCE as a whole have helped to transform the re- Mr. TORRES. Mr. Speaker, I rise in honor gion. All of us in southwest Ohio congratulate of the 100th Anniversary of the Whittier City HON. DAVID E. BONIOR him on his retirement and recognize him for School District. On Friday, February 20, 1998, his many accomplishments. OF MICHIGAN f students, teachers, administrators, and friends IN THE HOUSE OF REPRESENTATIVES and family of the Whittier City School District TRIBUTE TO DONALD SHAPIRO will come together at a special Centennial Thursday, February 12, 1998 Celebration at the Whittier Community Center, Mr. BONIOR. Mr. Speaker, I rise today to HON. NITA M. LOWEY in Whittier, California, to commemorate 100 recognize the 80th anniversary of the declara- OF NEW YORK years of dedication to educating Whittier's chil- tion of Lithuanian Independence. IN THE HOUSE OF REPRESENTATIVES dren. For nearly 55 years, Lithuania was occupied The rich history of the Whittier City School by Soviet military forces. But in the past five Thursday, February 12, 1998 District reflects the history of the State of Cali- years, the people of Lithuania have been able Mrs. LOWEY. Mr. Speaker, I wish to pay fornia and of our nation. Established on Feb- to finally enjoy and celebrate the freedoms tribute to Donald L. Shapiro in honor of the ruary 21, 1998, the newly formed district expe- and privileges of an independent nation. dedication of his portrait at the Harvard Club rienced the growth boom of the west. In its The United States and Lithuania have now of New York City. He is a man of character, first 20 years, coinciding with the incorporation formed a significant partnership between our ambition, and faith. of the City of Whittier, school enrollment dou- leaders, our governments, and our people. We Few Americans have been as successful as bled from 200 to 400 pupils. It again doubled have close trade relations with Lithuania. We Donald Shapiro. A graduate of Harvard Col- during World War I. By 1917, the area's grow- are mutually committed to the security of the lege and the Harvard Graduate School of ing oil industry began producing over a million Baltic region. Business, Donald Shapiro has served as Vice barrels per year. With this booming industry, With free and fair elections recently com- President of Real Estate for Levitt & Sons, new jobs and population growth followed. Dur- pleted, Lithuania has established a commit- and subsequently as Executive Vice President ing this same period, to accommodate the in- ment to democracy and pluralism. I believe we of Peerage Properties. He was also President crease in student enrollment, four new schools can say with great confidence that Lithuania is of the Roosevelt Field Shopping Center on were built: John Muir Junior High; Jonathan becoming a full partner in the effort to build Long Island. E176 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1998 In 1974, Donald co-founded Vector Real Es- Honor Guard has grown to nearly 40 dedi- DAYCARE FAIRNESS FOR STAY- tate Corporation. As President, he guided the cated individuals. In addition to funeral serv- AT-HOME PARENTS firm in development, acquisitions, and joint- ices, they have extended their operation to ventures on residential, commercial, and retail perform services in which our national flag is SPEECH OF properties. In 1989, Donald began a tenure as honored. The honor guard has performed HON. GEORGE P. RADANOVICH director of the New York Federal Savings more than 500 funerals in and around the OF CALIFORNIA Bank; three years later, he became its CEO. Lawrence County area and has traveled as far IN THE HOUSE OF REPRESENTATIVES Last year, he negotiated the sale of New York as Ohio to provide their services. Wednesday, February 11, 1998 Federal Savings Bank to Flushing Savings Bank and became a Senior Vice President. Mr. Speaker, let us commend the efforts of Mr. RADANOVICH. Mr. Speaker, passage It should also be noted that Donald Shapiro this loyal group of American Veterans. These of H. Con. Res. 202, the Equitable Child Care has helped guide several other enterprises in citizens have proven their commitment to our Resolution, is an important step Congress the New York area. He is a former board nation time and time again. They once served must take to address the child care needs of member of the Community Bankers Associa- with valor in our armed forces and they con- American families. tion of New York State and is currently a di- tinue to serve with honor in our community. I The Equitable Child Care Resolution will en- rector of the Associated Builders and Owners ask you and all members to join me in a spe- sure that the child care discussions by Con- of Greater New York. cial salute to the New Castle Area Honor gress include consideration of the needs of at- But, Mr. Speaker, Donald Shapiro has done Guard. home parents. Unfortunately, the President's so much more. Religion, education, and family child care proposal fails to recognize that al- have played significant roles in his life. I par- f most 70 percent of American families do not ticularly respect and admire his religious com- pay for child care because at-home parents or mitment. He is Vice Chairman of the Board of SAVE SOCIAL SECURITY FIRST relatives care for the children. These fami- the Reconstructionist Rabbinical College in RESERVE FUND liesÐmany of which are low to middle in- Philadelphia and Chair of the West End Syna- comeÐhave devised creative solutions to gogue. His leadership has helped these insti- meet their child care needs, because they tutions thrive. I also commend him for his loy- HON. CHARLES B. RANGEL would rather have a parent, relative, or friend alty to the educational institutions that helped care for their children than an institution. How- OF NEW YORK him grow. He recently completed a term as an ever, their solutions often entail a sizeable Alumni Trustee of the Phillips Academy, and is IN THE HOUSE OF REPRESENTATIVES sacrifice of family income. The President's currently Chair of the Academy's Campus De- proposal simply ignores this 70 percent of Thursday, February 12, 1998 sign Review Committee. families with children and instead focuses on the remaining 30 percent. Donald Shapiro has embraced life. In addi- Mr. RANGEL, Mr. Speaker, I am today intro- tion to his business and volunteer ventures, he During consideration of child care policy, it ducing legislation to establish a ``Save Social is also important that Congress not create an- enjoys swimming and playing squash, and is Security First Reserve Fund.'' I am joined by an aficionado of theater and music. The New other large federal bureaucracy. Such a bu- Representative BARBARA KENNELLY, Ranking reaucracy, coupled with a subsidy for child York Giants and New York Mets can count Democrat on the Subcommittee on Social Se- him as one of their biggest fans. He has three care, would create the incentive for increased curity, and Democratic Members of the Com- adult childrenÐa rabbi, a poet, and an actor. dependence on, and control by, Washington mittee on Ways and Means. I hope that oth- He is married to Arlene, a real estate broker, bureaucrats. The effect would be to move ers, both Democrats and Republicans, will join and they reside in New York City. more children into institutionalized day care. From 1993 to 1996, Donald Shapiro served us in this effort. Parents have the right to determine what kind as President of the Harvard Club of New York The bill would implement the President's call of child care that is best for them, whether City. Next week, the Club will dedicate his por- to reserve 100 percent of the budget surplus parent-based, church-based, community- trait. On this joyous occasion, I want to ac- until we have taken all the necessary meas- based, neighborhood-based, or institution- knowledge his achievements and wish him ures to strengthen the Social Security system based. They should not be pushed into one type of care through social engineering sub- happiness and success in the future. for the 21st century. It would ensure that sidies. Moreover, the President's plan would f budget surpluses are set aside pending Social unequally distribute benefits, tilting them to- Security reform. RECOGNIZING THE NEW CASTLE ward families where both parents choose to AREA HONOR GUARD Social Security is a strong reflection of who work, while taxing those who decide to stay at we are as a nation. Through it, we recognize home. HON. RON KLINK our duties to our parents and grandparents A more effective solution would be to pro- OF PENNSYLVANIA and our shared responsibility to one another. vide an across-the-board tax reductionÐsuch IN THE HOUSE OF REPRESENTATIVES Social Security protects all of us in good times as expanding the $500 per child tax credit re- cently enacted by Congress. We should ex- Thursday, February 12, 1998 and in bad. pand the range of choices available to par- Without Social Security, nearly half of all Mr. KLINK. Mr. Speaker, I rise today in rec- ents, not the government's control over child ognition of the New Castle Area Honor Guard. older Americans would live in poverty. That is care. Parents should be equipped with the re- This group of dedicated Veterans provides an because Social Security provides most of the sources, responsibility, and personal control to invaluable service to all those individuals who income of two-thirds of the people over the raise their children. risked their lives in defense of our freedoms. age of 65. The federal government currently sponsors I would like to take this opportunity to com- Social Security protects young and old alike numerous programs to help families with chil- mend these volunteers for their years of serv- from the unforeseen circumstances of death or dren. Since 1995, Republicans in Congress ice to the Veterans of Lawrence County. disability. Over 7 million widows and children have enacted major reforms to help families The New Castle Area Honor Guard was receive benefits due to the death of a bread- afford child care. The welfare reform law has formed in October 1992 when a group of con- winner. merged four programs into the better and cerned Veterans became aware of a terrible more effective Child Care Development Block disservice that had recently occurred. A fellow This legislation reflects our determination to Grant. This block grant allows localities to re- Veteran had passed away in the New Castle save Social Security firstÐbefore we talk spond to the different needs of our families, area, leaving no survivors to attend his funeral about tax cuts or spending priorities. Thus, the giving parents choices through vouchers. service or honor his memory. The concerned bill would require the Secretary of the Treas- Overall, welfare reform has increased child men enlisted the aid of their fellow Veterans ury to deposit any budget surplus into the care funds for our country's neediest families and committed themselves to honoring their Save Social Security First Reserve Fund by $4 billion. In addition, the Child Develop- comrades in an appropriate fashion. Hence, which would be invested in U.S. government ment Tax Credit provides $14 billion over the the honor guard was formed to provide military securities. The budget deficit would be zero. next five years to families with child care ex- funeral services for honorably discharged Vet- This would leave no doubt that we intend to penses. erans of the area. save any budget surplus which materializes My goal is to help restore the central role of Since performing their first military funeral in until we have taken action to strengthen the families in society while addressing the spe- 1993 the membership of the New Castle Area Social Security system. cific needs of our children. A child care plan, February 12, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E177 such as the one offered by the President, that Lodge 73 of the Free and Accepted Masons, support the ideal behind the legislation, we punishes parent care and encourages govern- the Washington Fire Company 1 of Ocean must remain vigilant against wasteful spending ment controlled institutionalized care does not Grove and the New Jersey Exempt Firemen's and provide this continued authority in the strengthen the family. Rather, it weakens fami- Association. event of a budget surplus. lies while increasing the role of Washington The obituary for Mr. Ward that was pub- Today, I dropped a bill to remedy this prob- bureaucrats in the lives of our children. lished in the Asbury Park Press of New Jersey lem and I urge my colleagues' serious consid- f quoted political and law enforcement leaders eration and support in moving his fiscally pru- praising the former chief for his consummate dent legislation forward. INTRODUCTION OF HOME CARE professionalism. Mr. Ward served during a Mr. Speaker, my proposal would preserve LEGISLATION time of explosive growth in Neptune Township, the continuation of the line item veto by add- and he responded very well to the challenges ing language to the Act clarifying its applicabil- HON. MERRILL COOK and opportunities posed by these changes. He ity during a budget surplus and directly the OF UTAH reached out to all parts of the community, savings to be used to reduce the national IN THE HOUSE OF REPRESENTATIVES from young people to senior citizens, and fos- debt. This not only provides clear congres- tered a strong sense of respect between the sional intent, but also strengthens the constitu- Thursday, February 12, 1998 police and the community. tionality of the Act by limiting the delegation of Mr. COOK. Mr. Speaker, I am pleased to Mr. Speaker, I am honored to pay tribute to authority between the Legislative and Execu- join my colleague from Massachusetts, Con- this great public servant and fine man, Chief tive branches to times of a deficit or a surplus. gressman MCGOVERN as an original cospon- A. Leroy Ward. I extend my condolences to Again, I believe that this is a great, fiscally sor of legislation to address some serious his family, and hope that the many tributes responsible issue for all in Congress to cham- problems caused by certain provisions in- pouring in for Mr. Ward will be a source of pion during the 2d session and I welcome cluded in the Balanced Budget Act. comfort to them. your comments and cosponsorship. Please There were several provisions included in f join me in supporting this legislation. the Act intended to address alleged Medicare f waste and fraud occurring in the home care ‘‘REDUCE THE FEDERAL DEBT, industry. However, some of these provisions ENHANCE THE LINE ITEM VETO’’ PUERTO RICO POLITICAL STATUS are causing a great deal of hardship and ACT heartbreak for seniors in Utah, Massachusetts, HON. CHRISTOPHER JOHN ´ and across the nation. OF LOUISIANA HON. CARLOS A. ROMERO-BARCELO Why is this happening? IN THE HOUSE OF REPRESENTATIVES OF PUERTO RICO First, the provisions in the Balanced Budget Thursday, February 12, 1998 IN THE HOUSE OF REPRESENTATIVES Act put the cart before the horse. They have Thursday, February 12, 1998 forced home care providers to cut costs at Mr. JOHN. Mr. Speaker, about a year ago, least six months before the federal govern- I stood on this floor for the first time as a Mr. ROMERO-BARCELOÂ . Mr. Speaker, ment tells the providers how much they have Member of Congress and spoke in support of three days from today, one hundred years to cut. the balanced budget agreement. In my com- ago, history was made. On the night of Feb- Second, the provisions create a Rube Gold- ments, I praised all those who worked dili- ruary 15, 1898 at exactly 9:40 p.m. the United berg system where home care providers are gently to secure our Nation's immediate future States battleship USS Maine exploded in rewarded or punished depending on what kind by tackling the deficit. However, I also recog- Cuba's Havana Harbor. of fiscal year they use. I would need a one nized that another, more ominous problem To this day the cause of the explosion, hour special order to try to explain this one. awaited us on the horizon; and that problem which killed 266 naval officers and crewmen, The bill that Congressman MCGOVERN and could only be addressed once we got a han- remains a mystery. Yet despite the unknown I are introducing will address these problems. dle on our deficit. That problem, Mr. Speaker, source of the attack, it was the spark that I urge my colleagues to join as cosponsors of is our national debt. fueled the Spanish American War in 1898. this legislation. We all know the numbersÐthe federal debt A war that Americans proudly entered as a f now stands at over $5.3 trillion, which crusade to free Cuba from Spanish rule. amounts to roughly $20,000 for every man, A war that also liberated Puerto Rico from TRIBUTE TO CHIEF A. LEROY woman, and child in the country. According to Spanish rule, but turned Puerto Rico into a WARD the President's budget, we must allocate U.S. territory. roughly 14 percent of our budget this year We have now been a territory of the United HON. FRANK PALLONE, JR. simply to pay the net interest on the debt. States for 100 years and disenfranchised U.S. OF NEW JERSEY Mr. Speaker, I know all of you share my en- citizens for 81 years. But a century has IN THE HOUSE OF REPRESENTATIVES thusiasm over the continued expansion of the passed us by and we remain disenfranchised economy and the economic forecasts predict- and a colony, at a time when colonies are not Thursday, February 12, 1998 ing a balanced budget as early as fiscal year only unfashionable but embarrassing to a Na- Mr. PALLONE. Mr. Speaker, I rise today to 1999. In addition, we are all aware of the de- tion that preaches democracy throughout the pay tribute to the late Mr. A. Leroy Ward, the bate currently being waged with respect to world and calls for a plebiscite in Cuba. former police chief of Neptune Township, NJ, what our priorities should be if we experience Puerto Ricans are part of the great Amer- who passed away earlier this week at the age a budget surplus; however, now is not the ican family. Puerto Ricans are United States of 83. time to abandon our fiscal belt-tightening. citizens who have proudly fought in numerous Mr. Ward served 35 years on the Neptune Rather, the tools we now have in place to conflicts for our Nation. They have shed their police force, beginning as a patrolman in 1944 ward against pork-barrel spending need to be blood and they have defended democracy like and rising through the ranks of sergeant, lieu- preserved and enhanced. any other soldier living in the 50 states. tenant and captain before appointed chief on An example of this is the President's line The U.S. citizens of Puerto Rico deserve February 1, 1964. He retired in 1979. A loving item veto authority. As you recall, the impetus much more than the continued postponements husband and father, he is survived by his wife behind the line item veto was, in part, to ward for consideration of their case. Congress has of 61 years, Dorothea, two sons, two daugh- against wasteful spendingÐa concern that I procrastinated our political dilemma for too ters, 10 grandchildren and five great-grand- believe is paramount regardless of whether a long. The Legislature of Puerto Rico has en- children. His son James A. Ward currently budget deficit or surplus exists. Mr. Speaker, acted joint resolutions which it has sent to serves as the Neptune Township Police Chief. it is with this particular concern in mind that I three consecutive Congresses, the 103rd, the Mr. Ward was born in Newark, NJ, and lived come to the floor today. For without legislative 104th, the 105thÐasking for Congress to take for more than 50 years in the Ocean Grove action, the Line Item Veto Act of 1996 and the the necessary steps to resolve the Puerto area of Neptune. He was past president of the fiscal responsibility if represents will be endan- Rico political status. This Congress, the 105th Monmouth County Chiefs of Police Associa- gered due to a technicality. Congress, has the authority and the moral re- tion and a member of the New Jersey Inter- Under current law, the President may enroll sponsibility to approve H.R. 856Ðthe US- national Chiefs of Police Association. He was this authority only in the event of a budget def- Puerto Rico Political Status Act, a bill for self- a member of St. Paul's United Methodist icit. Regardless of our opinion over how the determinationÐa bill which will pave the road Church in Ocean Grove, the Wall-Spring Lake President recently used this authority, if we to enfranchisement and equality. E178 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1998 THE TELECOMMUNICATIONS ACT ceive the benefits of the new era of competi- in several professional organizations, including tion they were promised by Congress and the the American Institute of Chemists and Amer- HON. WALTER B. JONES President. ican Oil Chemist Society, as well as the New OF NORTH CAROLINA Come on FCC, drop a dime and reach out York Academy of Science and the Society of IN THE HOUSE OF REPRESENTATIVES and touch the American people. Glass and Ceramic Decorators. f Mr. Kamen, a resident of Highlands, NJ, is Thursday, February 12, 1998 Senior Vice President of Advanced Tech- Mr. JONES. Mr. Speaker, I stand here today CALLING FOR U.S. SUPPORT FOR nology at the Revlon Research Center in Edi- with one simple question for the FCC. TAIWAN’S REPRESENTATION IN son. Mr. Kamen spent 10 years developing Where is the telecommunications competi- THE WORLD HEALTH ORGANIZA- and refining the ENVIROGLUV process. This tion that Congress promised the American TION process eliminates any heavy metals, solvents people two years ago? and volatile organic compounds from the glass Did the dog eat it? Is it in the mail? HON. SHERROD BROWN decorating process. ENVIROGLUV provides Congress spend years crafting a well-bal- OF OHIO both an economic and environmentally sound anced compromise that became the Tele- IN THE HOUSE OF REPRESENTATIVES alternative that is superior to conventional communications Act of 1996. glass decorating methods. This technology is It needed only a light touch from regulators Thursday, February 12, 1998 touted as one of the biggest breakthroughs in to steer it to a safe harbor, bringing much- Mr. BROWN of Ohio. Mr. Speaker, I rise the glass decorating business in 100 years. needed competition to cable, long distance today to introduce a resolution calling for Tai- Revlon Technologies is the technology li- and local markets. wan's representation in the World Health Or- censing division of Revlon, Inc., a worldwide Instead, the Washington bureaucrats ganization (WHO) and U.S. support for such a leader in the development and marketing of churned out unnecessary and unintended reg- bid. As the ranking member on the House cosmetics, skin care, fragrance, personal care ulations. Subcommittee on Health and Environment, I and professional products. The division's first These regulations, subsequent court cases am pleased that several of my colleagues product is ENVIROGLUV which uses patented and the steadfast quarantine of the Baby Bells from both sides of the aisle have joined me in and proprietary inks in a glass decorating has actually delayed competition by creating this important endeavor, for health knows no technology based on ultraviolet light rather confusion and uncertainty. boundaries and this issue is one that should than old-fashion heat curing ovens. The proc- Congress' intention was to simplify this in- unite rather than divide us. ess offers superior color, greater speed and dustry. Unfortunately, this commonsense phi- Sick children feel the same pain and shed flexibility, reduced manufacturing costs and losophy seems lost on the FCC. the same tears, whether they live in Taipei, environmental benefits. So, Mr. Speaker, I renew my question for Los Angeles, Milan, or Nairobi. The stated and It is an honor to recognize Mr. Melvin E. the FCC. noble aim of the WHO is to help achieve the Kamen for his outstanding accomplishments. I Where is the competition that Congress highest possible level of health for all peoples, am certain that my colleagues will join me in promised the American people? but the 21 million people of Taiwan are cur- paying tribute to this remarkable gentleman. Did the dog eat it? Is it in the mail? rently barred from accessing the latest medical f Or has the FCC frittered it away with detail? knowledge and techniques which the WHO f DAYCARE FAIRNESS FOR STAY- could provide. Moreover, Taiwan cannot con- AT-HOME PARENTS TELECOMMUNICATIONS ACT tribute its own substantial health resources ANNIVERSARY and expertise to furthering the goals of the SPEECH OF WHO, as it did prior to 1972. HON. FRANK R. WOLF Quite simply, as increased international HON. CHARLES H. TAYLOR OF VIRGINIA trade and travel leads to a greater potential for OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES the cross-border spread of infectious diseases, IN THE HOUSE OF REPRESENTATIVES the case for Taiwan's participation in the WHO Wednesday, February 11, 1998 Thursday, February 12, 1998 grows stronger every day. Taiwan and its chil- Mr. WOLF. Mr. Speaker, I rise in support of Mr. TAYLOR of North Carolina. It would dren have much to gain from the WHO, as House Concurrent Resolution 202, the Equi- give me great pleasure to be able to stand be- does the WHO from Taiwan. This issue is table Child Care Resolution. There's been a fore the American people today and cheer the principally a matter of the basic human right to lot of talk about child care over the last few second anniversary of the signing of the Tele- good health, and I encourage all my col- months, and I think that's good. It's good that communications Act of 1996. leagues to support this resolution. we're talking about this subject. But my ques- Unfortunately, there is nothing to cheer f tion is, is it fair and right to give tax credits about. The sound that American consumers only to those parents who use paid day care hear is the sound of a busy signal. IN HONOR OF MELVIN E. KAMEN: for their children? What about those who have In the two years since the Telecommuni- AN INVENTOR OF THE YEAR made the decision to either be home with their cations Act was signed into law, the American NEW JERSEY INVENTORS HALL kids, or who have their relatives caring for people have been promised a new era of OF FAME their children? competition and lower phone rates. Well ladies There are a lot of different child care pro- and gentlemen, the American people are still HON. ROBERT MENENDEZ posals on the table right now, and there will on hold. OF NEW JERSEY probably be more to come. The administration Instead of receiving lower phone rates, they IN THE HOUSE OF REPRESENTATIVES has laid out its child care proposal. But there have received thousands of pages of new reg- is something that all of these proposals have Thursday, February 12, 1998 ulations and they have witnessed jurisdictional in common: They are all trying to help fami- squabbles and federal court appeals. They Mr. MENENDEZ. Mr. Speaker, I rise today lies, but only those families who use commer- have gotten the stingy judgment of regulators to pay tribute to an outstanding scientist, Mr. cial day care. But what I would like to see is and bureaucrats instead of the prosperous Melvin E. Kamen, who will be honored as an fairness for the families who don't fall under judgment of the marketplace. This is not what ``Inventor of the Year'' by the New Jersey In- that category. Congress intended when we passed this legis- ventors Hall of Fame at their 10th Annual The fact is, at-home care of children is not lation. Awards Banquet on Thursday, February 12, just a thing of the past in some ``Leave It To Mr. Speaker, on this important anniversary, 1998, at the William Hazell Center at the New Beaver'' world. The majority of families with I call on the Federal Communications Com- Jersey Institute of Technology in Newark, NJ. preschool-aged kids are either caring for the mission to loosen the shackles on tele- Mr. Kamen, Chief Research Scientist for children themselves or are having relatives communications competition. Revlon, has been with the company for 28 take care of the kids. Some of these parents It is time for the Federal Communications years. Prior to his association with Revlon, Mr. are working part-time, or working in ``tag- Commission to trade in its approach of con- Kamen was the president and chief chemist of team'' shifts so they can both have time with frontation and punishment, for one that cele- New Jersey-based Kamco Chemical Indus- their kids and avoid having to pay for some- brates cooperation and competition. tries. he is recognized for his work in develop- one else to care for them. Some of them have Let us unleash the markets and allow hard- ing ENVIROGLUV, a revolutionary new glass grandma or grandpa taking care of their chil- working, tax-paying American people to re- decorating technology. He holds memberships dren, or an aunt or uncle. February 12, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E179 According to the most recent information vetoes, the Secretary went on to argue, ``we young girls more than 6,500 times over a two- that we have from the Census Bureau, only cannot put the country at risk by deliberate at- year period, despite the minimal testing of the about a third of children under the age of 5 tempts to block us from the use of space or drug on adolescents. are in some form of paid day care while the to block any attempts to develop systems that The little girl from Crystal Lake received at mother works outside the home. Is it really fair could be helpful to use in space.'' General Ed- least two more shots of Depo-Provera from to only give tax relief to that one-third of Amer- ward ``Shy'' Meyer, who served as Army Chief the county health clinic. And her teacher con- ican families? What can we do to help the of Staff under President Carter noted that our tinued molesting herÐall behind her parents' other two-thirds of families? Let's not forget force structure depends on space for key ad- backs. The crime was finally uncovered 18 about them. vantages. Admiral Wesley McDonald, former months later when the girl broke down and The American family is under great financial Supreme Allied Commander, Atlantic, stated, told her parents. The teacher was arrested pressure today. And a lot of that pressure is ``I can't impress you enough as to how de- and sentenced to 10 years in prison. The due to the burden of taxes. Who is being hit pendent on use of space the Navy is.'' Retired young girl spent five days a week in therapy the hardest? Families with children. These last Air Force General Mike Loh, who led the Air and is recovering from effects of anorexia 50 years have meant a huge increase in the Combat Command, stressed how ``very de- nervosa. tax burden being placed on these Americans. pendent they [the military services] have be- I told this little girl's story to the United In 1948, for example, a mom and dad with come on space assets. It is almost frightening States Congress last year when Congressman four kids only paid a mere 3 percent of their when you then turn around and look at how lit- ISTOOK and I were trying to attach a parental family income to the federal government in di- tle we have allowed for the protection and the notification amendment to the Title X program. rect taxes. But last year, that figure had space superiority of those assets. As I look I spoke of how her pain continued because jumped dramatically. In fact, that same family back over the last couple of years, we have the federal government had rules in place had to pay almost a quarter of its income to become more and more dependent on [space] which shielded the teacher's crime. I spoke of Uncle Sam! (When you include state, local and we want to become dependent on it be- how irate and helpless her parents felt when and indirect taxes, that 1997 figure leaps to cause, for those functions, space is a more ef- they learned that the federal government had about 38 percent.) This is ridiculous. And ficient medium than the way we did it before. cut them out of the discussion of their young something has to be done about it. Why are It is less costly in the long run, and it is better. daughter's sexuality. But in the end, parents we penalizing people for getting married and I am all for it, provided we can maintain space lost again. The House's 220±201 vote for a having children? And why, as we talk about superiority.'' In addition, conferees considered toothless, alternative bill killed the Istook-Man- child care proposals, are we penalizing those matters of procurement and policy, discussing zullo amendment and sent another message who are sacrificing even more by staying at the increasing pace of change in the commer- that parents are irrelevant in our society. home or having relatives take care of their cial space markets and the impact that the Shortly after our loss last September, I kids? proliferation of civilian space technologies will vowed to continue this battle to bring sanity And that's why I stand here to give my sup- have on U.S. national security. and parental responsibility to this flawed pro- port to the Equitable Child Care Resolution, H. I want to commend the Center for holding gram. And today, I come before you to an- Con. Res. 202. I urge my Colleagues to take the roundtable and encourage my colleagues nounce that I have introduced two free-stand- this step to ensure that all families will be to review the summary of the Roundtable's ing bills to give parents more protection and treated fairly as we continues these discus- proceedings available from the Center for Se- knowledge when their children seek birth con- sions about day care. curity Policy at 1250 24th Street, NW, Suite trol drugs from federally funded clinics. f 350, Washington, DC 20037 and on the Cen- The ``Title X Parental Notification Act of ter's home page, ``www.security-policy.org.'' 1998'' would require clinics receiving Title X USING SPACE TO ENSURE U.S. f money to notify parents or legal guardians be- NATIONAL SECURITY fore providing minors with prescriptive birth TITLE X PARENTAL NOTIFICATION control products, including birth control pills, HON. DANA ROHRABACHER ACT OF 1998 IUDs, Norplant and Depo-Provera. The clinic OF CALIFORNIA would have to give actual written notice to par- IN THE HOUSE OF REPRESENTATIVES HON. DONALD A. MANZULLO ents or guardians at least five days before issuing the drugs to the girls. In addition, the Thursday, February 12, 1998 OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES bill would require the clinics to follow any state Mr. ROHRABACHER. Mr. Speaker, on Jan- mandated criminal reporting requirements for Thursday, February 12, 1998 uary 15 of this year, a highly respected de- signs of child abuse, child molestation, sexual fense think-tank, the Center for Security Pol- Mr. MANZULLO. Mr. Speaker, Good morn- abuse, rape or incest in their clients. icy, held a high-level roundtable focusing on ing. I stand before you today to plead the case The second bill, known as the ``Title X Child the need for American space dominance to of a young girl and her parents from Crystal Abuse, Rape, Molestation and Incest Report- promote U.S. national security in the next mil- Lake, Illinois, whose lives were changed for- ing Act,'' deals solely with the provision requir- lennium. Key speakers included former De- ever by an intrusive, overbearing federal gov- ing Title X clinics to follow any state reporting fense Secretaries Caspar Weinberger and ernment. requirements. James Schlesinger, who were joined by five She was 13 years old when her 37-year-old Any clinic that violates the provisions in ei- retired four-star flag officers and a range of teacher began having sex with her. A few ther of the bills would lose its Title X funding. senior military officials and civilian analysts. months into the affair, the teacherÐtired of The general argument for providing young There was a general consensus at the con- using condomsÐbrought her to a place where girls with birth control products behind their ference that President Clinton's recent line- he knew the young girl could get birth control parents' backs is cloaked in double standards. item veto of three Congressionally-sponsored products without anyone finding out: the coun- On one hand, we make laws to protect chil- programs to create advanced space tech- ty health department. This teacher knew that dren from the dangers of drugs, alcohol and nology for U.S. national securityÐthe federal Title X rules prohibited clinics from no- tobacco. But then we open them to the dan- KEASAT, Clementine 2, and military tifying parents when issuing birth control drugs gers of AIDS and other diseases by giving spaceplaneÐwas misguided, inappropriate, to minors. them the tools to have sex. We make laws re- and unacceptable because it put U.S. national When the young girl arrived at the health quiring children to get their parents' permis- security at unnecessary risk. department, the clinic nurse gave her a shot of sion for an aspirin at school, an earring or a The roundtable dealt with a range of issues a powerful birth control drug that would last tattoo. But then we give them confidential in- related to space and built its theme around the three months. This hormonal drug, Depo- jections of powerful birth control drugs that growing importance that space plays in ensur- Provera, poses severe side effects including carry tremendous side effects. We make laws ing U.S. national security. Secretary Wein- excessive bleeding and bone loss. In fact, the saying parents are legally responsible for their berger began the discussion by placing space ACLU protested its use in chemically castrat- childrens' actions until the children become in the broader context of U.S. national security ing male sex offenders in California because adults. But then we rip parents from the equa- when he noted, ``since the first ballistic missile of the ``cruel and unusual punishment'' the tion when it comes to something as critical rose from the pads, space has had military side effects constitute to the criminals. But yet, and potentially dangerous as sexuality. This uses by ourselves, by others, and by those it is safe and appropriate for little girls. And its doesn't make sense. friendly to us and those not friendly to us.'' In use is widespread. In Illinois alone, health clin- In addition to notifying parents, clinic work- reference to the Clinton administration's recent ics injected Depo-Provera into the veins of ers must get more vigilant in protecting our E180 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1998 children and reporting cases of child molesta- Though he dabbled in politics as an exten- Janet R. Dean; Angelo Lupo; Kathleen A. tion. According to my amendment, clinic work- sion of his respect for the lawmaking process, Moloney; Mary Ann Murray; Charles E. ers who have any suspicions that a patient is his own political campaigns were not success- Sprague; James L. Toth; and Thomas F. being physically or sexually abused would ful. He was, however, appointed to many gov- Washington. The Public Servants Merit Award have to follow the state's procedures for re- ernment positions in the city, county and state, is named in honor of a distinguished lawyer, porting those suspicions to police. This is es- and served the community with dignity and sa- the late Franklin A. Polk. During his career, At- pecially critical considering that young girls are gacity from those posts. torney Polk was committed to recognizing the having sex with older and older men, accord- Long time friend Rev. Robert Kirtland said contributions of public servants. He also ing to an Alan Guttmacher Institute study. In that John thought of the ideal lawyer ``as a chaired the annual awards luncheon for 40 fact, the study shows that half of the babies person of integrity.'' That certainly describes years. born to mothers between 15 and 17 years old him and earned for him the deepest respect, I take great pride in saluting the 1998 Public were fathered by men 20 years or older. That from a community that will never forget him. Servants Merit Awards recipients. Each of the is statutory rape, and that should be reported Our thoughts are with his wife, Katherine; individuals is more than deserving of this level and prosecuted. sons, John and Michael; daughter Charlotte; of recognition. At this time, I want to share These are very straightforward, simple his brother and sister, Robert and Anne; and with my colleagues and the nation some infor- pieces of legislation that I bring before you all of his grandchildren. It is our hope that they mation regarding the honorees.***HD***John today. They demand the answer to one ques- will be comforted by the prayers of a commu- A. Baird tion: Who is in charge of raising our children, nity bettered by his idealism, and a nation re- parents or the United States Congress? I still girded in its fundamental precept of justice John Baird was born in Cleveland and grad- have faith in the parents of our great country. through law. uated from Benedectine High School and They deserve a chance. The parents of a trau- f Fenn College/Cleveland State University. He matized little girl in Crystal Lake, Illinois de- has enjoyed a distinguished career with the served a chance. Thank you. PAYING TRIBUTE TO A FALLEN Cleveland Municipal Court which spans 21 f PILOT years. He currently serves as Chief Deputy Clerk where he is responsible for the process- TRIBUTE TO JOHN STOEPLER HON. MAURICE D. HINCHEY ing and servicing of garnishments, as well as OF NEW YORK assisting attorneys and the public by providing information on post-judgment actions. HON. MARCY KAPTUR IN THE HOUSE OF REPRESENTATIVES OF OHIO Thursday, February 12, 1998 Mr. Baird has been an active participant in IN THE HOUSE OF REPRESENTATIVES the Boy Scouts of America for over 50 years Mr. HINCHEY. Mr. Speaker, I would like to Thursday, February 12, 1998 as a Scout Unit Leader, Commissioner, and ask my colleagues to join me in paying tribute Merit Badge Counselor. He is an active mem- Ms. KAPTUR. Mr. Speaker, I rise to pay to the late Lt. Col. Henry Van Winkle, ber of Our Lady of Good Counsel, devoting tribute to a remarkably able man dedicated to U.S.M.C., who was killed last Friday, February his time to the youth ministry, religious edu- his family, his church, and his lifelong love of 6, 1998. cation, and the Holy Name Society, just to the profession of law. John Stoepler, professor On Friday evening Lt. Col. Van Winkle, ac- name a few. He and his wife, Sandy, are the of law, former Dean of The University of To- cording to the United States Marine Corps, proud parents of three children: Michael, Ed- ledo Law School, and interim President of the was returning from a mission patrolling the no ward and Jennifer.***HD***Janet R. Dean University, put the justice and betterment of fly zone above Kuwait when his F±18 collided Janet R. Dean was born in Cleveland and others above all else. He died on January 19, with another Marine jet. He was pronounced presently resides in North Ridgeville. She 1998, at 66 years of age. dead upon the USS George Washington a joined the staff of the Cleveland Court of Com- In his early years, John attended school in short time later. mon Pleas in 1977 as a judges secretary. She Toledo, Ohio and then his high intelligence led Lt. Col. Van Winkle served as a member of is currently judicial secretary for Judge James him to the University of Notre Dame, where he the Marine Corps for just under twenty years. D. Sweeney, Chief Justice of the Court of Ap- took his first degree. He never forgot his roots, This 1974 graduate of Susquehanna Valley peals. Mrs. Dean is a graduate of West Tech though, and after serving in the army and ob- High School in Conklin, New York served his High School. She is also an active member at taining a master's degree in law from Yale, he country with distinction. He lived as a Marine Bosworth Presbyterian Church where she came back to Toledo to teach and raise his and he died serving his country. family. I ask that you join me in expressing our sang in the adult choir for 37 years. His classes at the local university were the deepest sympathies to Lt. Col. Van Winkle's Mrs. Dean suffered the loss of her husband, first to fill up because the students knew that widow, Cheryl, to his sons Griffen, age nine, Casper, just prior to their 43rd wedding anni- John really wanted them to succeed. He and Grant, age three, and to his mother and versary. He would have been proud to witness greeted the challenge of teaching with energy brothers during this dark time. We, as citizens the upcoming awards ceremony honoring Mrs. and enthusiasm that was always evident. As grateful for the service of Lt. Colonel Henry Dean, an outstanding court employee. In her former student Tom Pletz remembers, John Van Winkle, U.S.M.C., join his family in spare time, Mrs. Dean enjoys music and work- welcomed each day of teaching with ``a twin- mourning his passing. ing on her many photo albums. She is the kle in his eye.'' f mother of five children; Mark, Randy, Paul, The zest that John brought to his teaching Brad and Suzanne.***HD***Angelo R. Lupo RECOGNIZING THE CUYAHOGA was also found in the work he did for his Mr. Speaker, when the Cuyahoga County COUNTY BAR ASSOCIATION PUB- church as parish operations manager. His love Bar Foundation and the Cuyahoga County Bar LIC SERVANT MERIT AWARD of education and respect for people of faith Association hold the Public Servants Awards WINNERS were combined when he sat on the education Luncheon, Mr. Angelo R. Lupo will be among council of the Roman Catholic Diocese of To- the honorees. Mr. Lupo is a resident of Rocky ledo, an organization which oversees area HON. LOUIS STOKES River, Ohio. He was born in Chicago, Illinois, Catholic schools. OF OHIO and graduated from Southern Illinois Univer- His commitment to education did not go un- IN THE HOUSE OF REPRESENTATIVES sity. Prior to coming to Cleveland, he was em- noticed; he quickly ascended through the Thursday, February 12, 1998 ployed with the Puerto Rican Economic Devel- ranks at the university's law school, becoming opment Corporation as a VISTA volunteer. dean in 1983 and interim university president Mr. STOKES. Mr. Speaker, I rise today to in 1988. He played an integral role in the ex- salute eight outstanding individuals who will be In 1975, Mr. Lupo joined the Court of Com- pansion of the school both academically and honored later this month at a special cere- mon Pleas. Currently, he serves as Bailiff to strategically as the ground was broken for a mony. On February 20, 1998, the Cuyahoga John Burt Griffin whose his duties include as- new facility on its own corner of campus. He County Bar Foundation and the Cuyahoga sisting with the management of civil and crimi- also became a member of the Ohio Supreme County Bar Association will host the 51st Pub- nal documents. Mr. Lupo is single and enjoys Court's commission on continuing legal edu- lic Servants Merit Awards Luncheon. At the listening to music in his spare cation and of the national education develop- luncheon, the honorees will receive the Frank- time.***HD***Kathleen Ann Moloney ment committee of the American Institute of lin A. Polk Public Servants Merit Award. The Born in Cleveland, Ms. Moloney presently Planners. individuals to be honored are: John A. Baird; resides in Westlake, Ohio. She attended St. February 12, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E181 Williams Elementary School, and Lake Catho- Dads Club. He also enjoys model trains and credible reporting will be recognized by his lic High School in Mentor. Prior to taking her baseball.***HD***Thomas F. Washington professional peers. position at Cuyahoga County Domestic Rela- Born in Cleveland, Thomas Washington It has been my personal pleasure to know tions Court, she worked part-time at the graduated from Benedictine High School and Rex Thatcher, and his wonderful wife of forty Giovanni's Pizza Shop. Nominated by Judge Ohio University. Mr. Washington is employed six years, Yvonne. The importance that Rex Timothy Flanagan, Ms. Moloney has been em- in the Probation Department where he super- places on his family, including his grand- ployed in the court system since 1978. Cur- vises six officers and is responsible for the children, is a key demonstration of an individ- rently, she serves as Payroll Officer at Domes- oversight and guidance of their duties. Prior to ual who not only endorses a style of life, but tic Relations Court where she processes pay- his employment with the Municipal Court, Mr. actually pursues it. roll and benefits for approximately 105 em- Washington served as a Probation Officer in ployees. Ms. Moloney lists playing golf and the Juvenile Court. He has also had experi- Rex Thatcher has been appropriately gener- spending time with her nieces and nephews ence as a high school English teacher. ous in his praise of the fine men and women as her favorite hobbies.***HD***Mary Ann Mr. Washington and his wife, Lugenia, re- who are part of the Saginaw News family. We Murray side in Cleveland, Ohio. He is the step-father all expect that his influence will continue to Mary Murray is employed by the Cuyahoga of Robert. He is a former Assistant Basketball show in their work. Perhaps he will now have County Probate Court as Supervisor and Dep- Coach. He also participated in Catholic Big the time to pursue his love for the outdoors, uty Clerk. She has been employed by the Brothers for a number of years. In his spare especially fly fishing, and greater opportunities court system since 1967. Her responsibilities time, Mr. Washington, enjoys fishing and to let his grandchildren know just how special include ensuring that journal entries are prop- pocket billiards. their grandfather is. Mr. Speaker, I urge you erly typed, numbered and microfilmed. She Mr. Speaker, I am especially proud to rec- and all of our colleagues to join me in wishing was nominated by Judge John J. Donnelly. ognize the 1998 Public Servants Merit Award Rex Thatcher the very best in his retirement. Mrs. Murray attended St. Casimir Notre honorees. I join the members of the Cuyahoga Dame Academy and graduated from St. County Bar Foundation and the Cuyahoga f Francis High School. She and her husband, County Bar Association in congratulating each James Edward, are the parents of James Mur- of the honorees for their commitment and CHINA AND CHARLIE TRIE’S ray, Jr., and the proud grandparents of Jimmy, dedication. It is both recognized and appre- RECORDS Angelina and Al. Mrs. Murray's hobbies in- ciated. clude line dancing, horseback riding, bowling f and roller skating. She also loves the outdoors HON. GERALD B.H. SOLOMON REX THATCHER: PUBLISHER, and plans to live on a farm some- OF NEW YORK day.***HD***Charles E. Sprague LEADER, GENTLEMAN Charles Sprague was born in Bellow Falls, IN THE HOUSE OF REPRESENTATIVES Vermont. He attended Brattleboro Union High HON. JAMES A. BARCIA Thursday, February 12, 1998 School and graduated from Allegheny College OF MICHIGAN in Meadville, Pennsylvania. He also attended IN THE HOUSE OF REPRESENTATIVES Mr. SOLOMON. Mr. Speaker, I don't like Cleveland Marshall College of Law, being ad- Thursday, February 12, 1998 being played for a sucker, and I don't like my mitted to the Ohio Bar in 1982. country being played for one, either. During his long and distinguished career in Mr. BARCIA. Mr. Speaker, our lives are in- Well, Mr. Speaker, that's what China's been the court system, Mr. Sprague has held a fluenced by many factors. Few equal the daily doing to us for years, taking our money and number of positions. The positions include and life-long power that is provided by our enjoying privileges that should be limited to process server, probation officer, intake officer newspapers. And the ability of a newspaper to civilized states, all the while sabotaging our and bailiff. Currently he serves as Magistrate, sway, to promote meaningful dialogue, and to economy, meddling in our politics, and arming where he is responsible for the Traffic Depart- keep us informed of matters of local, national, nations that hate us. ment at Juvenile Court. He also works as an and international significance is directly related Intake Referee at the Court's detention center. to the individual at the helm of a ship that usu- Monday's headline in the Washington Times One of Mr. Sprague's most outstanding ac- ally has diverse and sometimes conflicting was the last straw, Mr. Speaker. It reads complishments was securing funding to start purposes. Those of us who have been fortu- ``China won't release Trie's bank records.'' Second Helping, a county-wide food collection nate enough to read the Saginaw News have And we all know who Charlie Trie is, don't we, program which is now known as Northcoast since 1990 benefitted from the skilled, impar- Mr. Speaker? He was a bag man for the DNC/ Food Rescue. He also initiated a food pro- tial direction of its publisher, Rex Thatcher, Clinton-Gore Campaign. And what better place gram within the court, ``Food for Fines,'' which who is about to retire from a stellar career of to hide from American justice than China, allows juveniles to pay their offenses by do- keeping the public informed. which has been stiffing our investigators from nating food to area hunger centers. Mr. For nearly thirty-five years, Rex Thatcher the beginning. China claims that the records Sprague and his wife, Rosanna, are the proud has motivated the people of Michigan, starting our investigators seek belong to the govern- parents of Sarah. His hobbies include serving at the Jackson Citizen Patriot, where he was ment, and that releasing them would violate as a Cross Country Coach and Assistant heavily involved in advertising and marketing Chinese law. Baloney! Since when has China Track Coach at Regina High efforts. He then came to the Bay City Times ever shown such a high regard for the rule of School.***HD***James Leonard Toth as manager in 1973, and then served as pub- law? China doesn't want to release those doc- James Toth is a lifelong resident of Cleve- lisher from 1983 to 1990 when he became uments because they would show the extent land, Ohio. For the past 20 years, Mr. Toth publisher of the Saginaw News. to which they tried to influence American elec- has held the position of Costs Clerk in the Throughout his career, he has not just ob- tions, with the likely complicity of the White Criminal Division, Office of the Clerk of Courts. served what was happening in the community, House. And that, Mr. Speaker, is what really In addition to his cost accounting duties, he he directly participated in a number of memo- bothers me even more than the other scan- provides assistance with regard to criminal rable projects. He was a key leader in efforts dals now dominating the headlines. bonds and filing of pleadings. Prior to his cur- to revitalize the Bay City downtown area. In This, Mr. Speaker, is what we get for our rent position, Mr. Toth was a member of the Saginaw, he is a founding member of the multi-billion dollar generosity with China, and Armed Forces, where he received the Good Bridge Center for Racial Harmony. He has our willingness to grant her Most Favored Na- Conduct Medal before being honorably dis- continued his personal interest in community tion trading status. charged. His employment also includes Arter development with the Saginaw Valley Eco- & Hadden as a docket clerk, and was an em- nomic Forum. Rex has also provided strong I call upon China to turn those documents ployee of the Clerk of Courts in the fore- leadership for our young people, especially over to our investigators, and to do so now. closure department. with his efforts for youths at risk. This is one member who won't forget any fail- Mr. Toth and his wife, Theresa are the par- His membership on the board of Directors of ure to do so when MFN comes back to us for ents of three children; Joann, Anthony and Mi- the Michigan Press Association extends his in- consideration next summer. chael. He is active in several organizations in- fluence on journalistic standards throughout Mr. Speaker, I would urge all members to cluding S.S. Peter and Paul Church, the Gar- the state. His position on the selection com- keep the Times article handy until next MFN field Heights Little League, the American Le- mittee of the Michigan Journalism Hall of vote, and with that in mind I place the article gion, and the Benedictine High School Mom & Fame helps to ensure that responsible and in today's RECORD. E182 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1998 [From the Washington Times] Mr. Ng at Riggs Bank here, Senate investiga- offered African Americans the opportunity to CHINA WON’T RELEASE TRIE’S BANK tors have said. become involved in the arts and learn about RECORDS—HOUSE INVESTIGATORS CAN’T GET Mr. Trie came to public notice in 1996 when African cultural history. Recently, in the early Mr. Clinton’s legal defense fund announced it ACCESS 1990's, Dunham has also become a strong (By Jerry Seper) was returning $640,000 in donations he had collected. Fund executives said they did not advocate for the welfare of the Haitian people. The Chinese government, which blocked know the source of cash delivered in two en- Another public figure from my district has congressional investigators from traveling velopes. Donations included checks with sig- also challenged herself to find ways to act on to Hong Kong and Beijing to probe cam- natures that matched those on other checks paign-finance abuses during the 1996 elec- her principles and leave a legacy of aid to her and money orders numbered sequentially but tion, has refused to release records from two community. Jackie Joyner-Kersee, is an Olym- from different cities. Chinese banks targeted in the ongoing pic Champion who continues to make history White House records show that Mr. Trie’s investigion. with her remarkable athletic achievements. Investigators, according to House sources, campaign activities won him unusual access Nevertheless, it is her current work that has to top administration officials to promote want to look at financial transactions at fueled her pride that she is actively giving Bank of China branch offices in Macao and personal business interests, including 10 din- ners, lunches or coffees with Mr. Clinton, back to communities across America. Hong Kong involving Democratic fund-raiser In 1989, Joyner-Kersee founded the JJK Charles Yah Lin Trie and Ng Lap Seng, a four of them at the White House; four events Macao real estate and casino tycoon also with Vice Presidenti Al Gore, one at the Foundation which provides grants for leader- known as Mr. Wu, who visited the White White House; and three White House tours ship training for individuals in urban cities. House 12 times, including a dinner with with business associates, along with photos One of her chief goals is to eventually provide President Clinton sponsored by the Demo- with the president. a Youth Center to her home town community cratic National Committee. Documents show that Mr. Ng visited the of East St. Louis, Illinois. She says she hopes The banks, however, refused to release the White House 12 times, including the dinner with Mr. Clinton. He went six times to see to show that while: documents, saying that they were owned by There is discrimination. I know there is rac- the Chinese government and that releasing White House aide Mark Middleton, who left them would violate Chinese law. the administration in 1995 and is under in- ism. There are things we don't have control Last week, four investigators for the House vestigation. over. But we do have control over our dreams Government Reform and Oversight Commit- Records also show that on Feb. 6, 1996, Mr. and goals. tee were scheduled to leave for China but Ng took a tour of the White House with I hope we will all take time this month and were blocked by Chinese Embassy officials in seven other Asian visitors, including Wang throughout the year to recognize the many di- Washington who rejected their visa applica- Jun, a reputed arms dealer for the Chinese verse contributions of African-Americans to tions. The denial prompted Rep. Dan Burton, government who Mr. Clinton later acknowl- our Nation's history. In so many ways, the edged never should have been granted access. Indiana Republican and the committee’s qualities that all Americans hold dear such as chairman, to ask Secretary of State Mad- f eleine K. Albright to intervene in the mat- strength, perseverance, ambition and integrity ter. 1998 CONGRESSIONAL OBSERVANCE are evident in the lives of those African-Ameri- In a letter to the committee, the bank’s OF BLACK HISTORY MONTH cans, and illustrate W.E.B. Dubois' belief that U.S. attorney, Christopher Brady, said that ``The guiding of thought: and the deft coordi- since the financial institution in owned by SPEECH OF nation of deed is at once the path of honor the Chinese government, it is ‘‘deemed to be and humanity.'' a foreign state’’ under international law. Ac- HON. JERRY F. COSTELLO f cordingly, he said, the bank is ‘‘immune OF ILLINOIS from U.S. jurisdiction’’—including any re- THE 1999 BUDGET sponsibility to respond to subpoenas issued IN THE HOUSE OF REPRESENTATIVES it by the committee. Wednesday, February 11, 1998 ‘‘While the bank would like to try to help HON. LEE H. HAMILTON your committee as far as practicable, it does Mr. COSTELLO. Mr. Speaker, I am grateful OF INDIANA not believe that this extends to violating the for the opportunity to celebrate Black History IN THE HOUSE OF REPRESENTATIVES laws of the jurisdiction where the documents Month with my esteemed colleagues today. are located,’’ Mr. Brady wrote. Black History Month marks a time in which Thursday, February 12, 1998 The New York lawyer said in an interview we may all formally revisit the vast contribu- Mr. HAMILTON. Mr. Speaker, I would like to that while he was not aware of what the committee planned to do about the bank’s tions and achievements of African-Americans insert my Washington Report for Wednesday, refusal, he said the position ‘‘has support in to our country's rich history. Indeed, the leg- February 11, 1998 into the CONGRESSIONAL the law.’’ acy of the founder of Black History Month, Dr. RECORD. Committee investigators were described by Carter G. Woodson, is that of a poor man, THE PRESIDENT’S 1999 BUDGET the sources as ‘‘frustrated’’ in their attempts who triumphed over adversity to earn a doc- Last week President Clinton submitted to to pursue accusations that the Chinese gov- torate from Harvard and devote his life to Congress his 368-page 1999 budget. In it he ernment sought to influence the U.S. politi- teaching and recording the history of African- proposes to balance the federal budget next cal process during the 1996 presidential elec- American life. year—four years ahead of the target set in tion. Embassy spokesman Yu Shuning said I would like to use this occasion to highlight last year’s historic budget agreement. If suc- China ‘‘has nothing whatsoever to do with two figures from my district in Illinois, whose cessful, the budget would be balanced for the the political contributions’’ in the United personal talents and accomplishments have first time in thirty years. States. been matched by their dedication to aiding The annual budget is the most important Mr. Burton, the sources said, is expected to government document. It is a plan for how their communities. the government spends your money, and a appeal directly to the Chinese Embassy for Katherine Dunham was born in the begin- an exception to allow the banks to respond plan for how the government pays for its ac- to the subpoenas. Failing that, they said, he ning of the 20th century. She quickly estab- tivities. It affects the nation’s economy, and will ask the Justice Department to seek a lished herself as a woman of enormous integ- it is affected by that economy. If the econ- waiver from Mr. Trie to obtain his records rity and passion, for the humanities and social omy is doing well, people earn more, unem- directly from the bank. causes, which held such salience for her. She ployment is down, revenues increase, and the Mr. Trie and a business associate, Antonio enjoyed a prominent place in the performing deficit shrinks. The President’s budget is Pan, face trial Oct. 7 on 15 counts of obstruc- arts world as a choreographer combining Car- typically a master plan to focus the nation’s attention on a President’s priorities. tion of justice, conspiracy and wire fraud. ibbean dances, traditional ballet, and African- The indictment says Mr. Trie and Mr. Pan A few years ago it was nearly impossible to illegally diverted money to the DNC through American rhythms to create a dance known as think that an American president would sub- ‘‘straw donors,’’ who were then secretly re- the Dunham technique. Dunham's reputation mit a balanced budget this soon. It marks an imbursed in cash by the two men. Mr. Trie as an accomplished dancer earned her en- end to decades of deficits that have para- also is accused of funneling more than gagements to dance in over 55 countries. lyzed our politics, shackled the economy, $600,000 to the DNC. The indictment says Dunham was unsatisfied, though, simply and held the American people back. A bal- much of the money came from foreign with the respect she had gained as a per- anced budget would mark the beginning of a sources. former; Throughout the later part of her life, new era of opportunity for Americans. Mr. Trie, who fled to China after the probe The President projects revenues of $1.74 began, returned to Washington Tuesday. He Dunham became engrossed in finding ave- trillion, spending of 1.73 trillion, and a sur- has pleaded not guilty. nues to help others. In the arts field, she de- plus of $10 billion. For each tax dollar taken About $1 million was wired from the Bank veloped a school called the Performing Arts in the President would spend 53 cents on ben- of China to the joint account of Mr. Trie and Training Center in East St. Louis. This school efits such as Social Security and Medicare, February 12, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E183 15 cents on defense, and 16 cents on other do- onciliation bill is supposed to be completed died from heroin-related overdoses since mestic programs (education, transportation, by the end of the fiscal year September 30. If 1996.'' Just this week, we lost 17-year-old law enforcement, etc.). International pro- Congress and the President fail to work out Natacha Marie Campbell to a heroine and co- grams take 1 cent, and interest on the debt their differences by this date, they must pass consumes 14 cents. The President would re- a ‘‘continuing resolution’’ or see the govern- caine overdose. This just adds a tragic, serve 1 cent of each dollar for Social Secu- ment shut down. human dimension to our fight against illegal rity reforms, reducing the publicly-held fed- Conclusion: The President’s budget is art- drugs. eral debt in the process. fully crafted. It carefully balances increases Although the law enforcement community The economic assumptions used by the in popular programs with fiscal discipline has obtained significant convictions and sen- President seem sound. The President esti- elsewhere. The booming economy, aided by tences against major drug traffickers, the in- mates that the economy will slow from 3.7% tough deficit reduction packages in 1993 and creased drug activity in North Texas is over- growth last year to 2% in 1998 and 1999, and 1997, has enabled the President to make a that inflation will remain low. This is rea- strong statement of policy and politics. The whelming current law enforcement resources. sonable, even conservative, compared to opponents of the President’s budget have not We urge the Director of the Office of National most economists’ forecasts. However, a re- rejected his proposals out of hand. They offer Drug Control Policy to commit the necessary cession would put great strains on the fed- alternatives to meet the nation’s problems, resources to the fights against drugs in the eral budget. such as school vouchers, larger tax credits, Dallas/Fort Worth area by making North Texas Major Themes: As in past years, the larg- business incentives, and other devices. Al- a High Intensity Drug Trafficking area. This est spending increases come in Social Secu- though there is some sweeping rhetoric rity and health benefits. In the remainder of crucial designation will mean greater re- about differences with the President, there is sources or and coordination among area law the budget, only research, education, and strong bipartisan support for action on child law enforcement rise faster than inflation. care, education, and tobacco. The stage has enforcement agencies. It will help the parents Spending in other areas is cut back to make been set for a dynamic and important debate in the Dallas/Fort Worth area take control of room for these increases. about the future of the country. this problem. The major initiatives of the President’s Mr. Speaker, I would like to submit for the budget include a voluntary expansion of f Medicare to persons age 62 to 64, provided record a resolution recently passed by the they pay for their benefits; reducing elemen- STATEMENT OF THE HONORABLE Greater Dallas Crime Commission which tary school class size with 100,000 new teach- PETE SESSIONS, THE HONOR- makes similar points, and urges the Director of ers; expanding child care tax credits for em- ABLE DICK ARMEY, THE HONOR- the Office of National Drug Control Policy to ployers and families; and tax credits and re- ABLE JOE BARTON, THE HONOR- designate North Texas a High Intensity Drug search funding to reduce and protect against ABLE MARTIN FROST, THE HON- Trafficking Area. global warming. ORABLE KAY GRANGER, THE Research: The President proposes unprece- GREATER DALLAS CRIME COMMISSION dented increases in research funding for HONORABLE SAM JOHNSON, AND RESOLUTION science and technology. The budget requests THE HONORABLE EDDIE BERNICE JOHNSON TO ENCOURAGE THE Whereas: Major Colombian and Mexican almost $80 billion for military and civilian drug trafficking organizations have estab- research programs combined. The National DIRECTOR OF THE OFFICE OF lished significant transshipment operations Institute of Health, the Department of En- NATIONAL DRUG CONTROL POL- in the Dallas/Fort Worth metropolitan area ergy, and the National Science Foundation ICY TO DESIGNATE NORTH (the ‘‘Metroplex’’) and North Texas generally have sizable increases in their budgets for TEXAS A HIGH INTENSITY DRUG since the early 1990’s; and medical research, energy efficiency, climate TRAFFICKING AREA Whereas: Law enforcement agencies in studies, and science education. I support in- North Texas have reported dramatic in- vestment in research as an investment in fu- creases in the importation, transportation ture economic growth. HON. PETE SESSIONS and distribution of heroin, Social Security: The President proposes to OF TEXAS ‘‘Save Social Security first’’ by placing any methamphetamines, cocaine, and marijuana budget surpluses in a reserve to help reform IN THE HOUSE OF REPRESENTATIVES into the area since the early 1990’s; and Social Security. I agree that Social Security Thursday, February 12, 1998 Whereas: Law enforcement seizures of her- should take priority over calls to finance ad- oin in North Texas have increased by more ditional spending or tax cuts. I do not think Mr. SESSIONS. Mr. Speaker, my col- than 500% in recent years, and the purity of we should squander a surplus that has yet to leagues Congressman RICHARD ARMEY, Con- the heroin on North Texas streets has in- appear when we have a large national debt gressman JOE BARTON, Congressman SAM creased dramatically and lethally; and and long-term problems with Social Secu- JOHNSON, Congresswoman EDDIE BERNICE Whereas: The increased drug trafficking rity. JOHNSON, Congresswoman KAY GRANGER, and active in the area has become a breeding There will be a heated discussion in Con- I wish to inform other members of the House ground for the proliferation of street gangs gress about the use of possible budget sur- of Representatives about a situation in the and related violent crimes including theft, pluses. Reducing the debt and protecting So- robbery, prostitution, assault and murder; cial Security would reduce interest pay- greater Dallas/Fort Worth metropolitan area and ments and raise private investment in the which demands our attention. Whereas: The impact of the increased drug economy. The President’s plan puts an ob- Drug abuse and illegal drug trafficking are a activity in North Texas has resulted in an stacle in the way of others who want to give major problem in the Dallas/Fort Worth area, increase of drug overdose deaths in the area, away the surpluses in a sweeping tax cut. as they are in all other parts of the country. with most of the victims being teenagers or Tobacco: The President proposes to take However, there is evidence that points to the younger; and $13 billion a year from a proposed tobacco establishment of the area as a major trans- Whereas: Although the law enforcement settlement to fund a number of education community has obtained significant convic- and health initiatives. The exact source of shipment point for major drug trafficking oper- ations. For instance, major Colombian and tions and sentences against major drug traf- funds in a settlement is not clear—the origi- fickers, the increased drug activity in North nal settlement suggested that tobacco com- Mexican drug trafficking organizations have established significant transshipment oper- Texas is overwhelming current law enforce- panies pay the government large yearly ment resources; and sums, but others have proposed a substantial ations in the Dallas/Fort Worth metropolitan Whereas: Designation of North Texas a increase in cigarette taxes. These revenues area. are highly speculative and uncertain because High Intensity Drug Trafficking Area by the Law enforcement agencies in North Texas Director of the Office of National Drug Con- payment would only come from an overall have reported dramatic increases in the impor- settlement approved by Congress. If the to- trol Policy will mean greater resources for bacco settlement does not come through the tation, transportation, and distribution of her- and coordination among area law enforce- President has indicated he will find other oin, methamphetamine, cocaine, and mari- ment agencies to combat drug trafficking or- sources to support his domestic initiatives, juana. And the increased drug trafficking ac- ganizations; and or will drop them all together. This adds tive in the area has become a breeding Now therefore, the Greater Dallas Crime pressure to approve a settlement. ground for the proliferation of street gangs and Commission urges the designation of North Next Steps: Congress will begin work on related violent crime. Texas as a High Intensity Drug Trafficking Area. the budget as the House and Senate budget But, Mr. Speaker, despite the powerful sta- committees form a template budget resolu- In Witness Whereof This Twenty-second tion to lay the groundwork for additional tistics, what brings these problems home to us Day of January, 1998. congressional action. Congress will vote on is the deaths of children recently in and CULLEN M. GODFREY, the budget resolution in late spring, and the around Plano, Texas. As the Dallas Morning Chairman. detailed spending and tax bills will be final- News wrote in a recent editorial, ``At least a NICKIE MURCHISON, ized over the summer. A final budget rec- dozen young people from the Plano area have Executive Director. E184 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1998 TRIBUTE TO SGT. HERMAN SMITH: times of war and times of peace. We must Secrecy concerns kept security so tight WE WILL NEVER FORGET help their loved ones cope with the demands that even the very crews flying these re- and stress placed upon them as military fami- placement aircraft didn’t know where they were going; and after a half-century, memo- HON. HAROLD ROGERS lies. We must honor them after they return ries have dimmed and files have dis- OF KENTUCKY from service, and if they don't return, we must appeared—so no one may ever know the com- IN THE HOUSE OF REPRESENTATIVES be dogged in our pursuit to bring them home. plete story of Smith and the men on B–24H Thursday, February 12, 1998 But, most important, we must never forget the ‘‘Liberator,’’ serial no. 42–95064. sacrifices they have made. Exact details remain a mystery; however, Mr. ROGERS. Mr. Speaker, on February 20, We should remember, because every man Smith’s aircraft was apparently headed for 1998, Sgt. Herman Smith of Williamsburg, and woman who has served in this nation's duty in Europe by way of a series of refuel- Kentucky, and nine other World War II crew- armed forces has helped secure the peace ing stops leading from the U.S. to Africa by men of the B±24H ``Liberator,'' serial number that we enjoy today. In times of peace and way of South America when it crashed in the 42±95064, will be buried with full military hon- Brazilian jungle. war, American's military personnel have been This ferry route enabled new planes to re- ors at Arlington National Cemetery. a beacon of hope in the darkness of conflict. This ceremony is a long-overdue recognition place lost combat aircraft in a matter of a They answered the call of service, prepared to few days, instead of the weeks it would take of the honor, bravery and devotion displayed make the ultimate sacrifice in the line of duty. to ship them across the Atlantic Ocean. by ten World War II servicemen who lost their The next generation must know about the After probably flying from Colorado lives nearly 54 years ago when their plane courage, honor and strength of the men and Springs to Florida and then south to Trini- crashed in northeastern Brazil on April 11, dad, Smith’s B–24H reportedly left Trinidad’s women who gave their lives for us. Our serv- 1944. Waller Field at 6:09 a.m. April 11, 1944, At 9:05 a.m. on that fateful day, 42±95064's ice members must know that we will never for- enroute to Bele´m, Brazil. pilot requested weather information. That was get. Around 9:05, about an hour from Bele´m, 42- Mr. Speaker, so everyone will remember the the last word from 42±95064 and her crew. 95064’s pilot, 2nd Lt. Edward J. Bares, report- story of the men on B±24H ``Liberator,'' serial edly requested weather information. Today, no one quite knows where the crew A ground station in Brazil responded with of 42±95064 was heading, what their mission number 42±95064, I ask that a newspaper ar- ticle appearing in the Whitley Republican- a report, but heard nothing further from the was, or why the plane went down. For 51 plane. years, no one even knew where the plane and News Journal in Williamsburg, Kentucky, be Nothing further was ever to be heard from her crew were. Sgt. Herman Smith's mother printed here, for everyone to read. 42-95064. May God bless all the men and women who passed on without ever knowing what hap- LOST BUT NOT FORGOTTEN serve in America's Armed Forces, and may pened to her boy. Like thousands of other ‘‘We were on the same route, departing mothers, fathers, wives, sons and daughters God bless the United States of America. probably the 16th of April,’’ remembers R.F. whose loved ones were listed as missing in [From the News Journal—February 4, 1998] ‘‘Dick’’ Gelvin, a B–24 navigator whose air- action, Mrs. Smith lived her life with an empty LOCAL MAN WAS BALL TURRET GUNNER ON craft took the same route to the front only place in her heart, never knowing the fate of LONG-LOST WWII B–24H BOMBER days later. Somewhere in some foreign field, The gunner ‘‘I don’t remember them telling us about her son. having lost an airplane in the previous Although Herman Smith and thousands of sleeps tonight . . . But we cannot write off his final scene—Hold week.’’ other American servicemen have been listed ‘‘I do recall them telling we navigators, we onto the dream . . . as missing, they have never been forgotten. would have enough fuel that we could follow ‘‘The Gunner’s Dream,’’ Pink Floyd, 1982 Over the years, we have continued efforts to the (South American) coast if we wanted to discover the fate of American service mem- (By Philip A. Todd) do so, but that over the (Brazilian) jungle bers lost during times of war. And, with the Like thousands of his fellow World War II would be closer,’’ he said. servicemen, a Williamsburg man listed as help of the Army Central Identification Labora- ‘‘After a crew discussion, we opted to take missing in action (MIA) for over a half cen- the ‘great circle’ (globe-line) route, over the tory in Hawaii, hundreds of missing service- tury will never come home. jungle.’’ men have been identified, providing their fami- However, after making the ultimate sac- Apparently 42-95064’s navigator, 1st Lt. lies with peace of mind and final resolution. rifice for their country, Sgt. Herman Smith Floyd D. Kyte Jr., took the same shortcut to That is the story of the long-lost crew of 42± and the nine other crewmen on his B–24H Bele´m, but the plane crashed some 250 miles 95064. During the 1990s, reports started com- bomber will finally receive the remembrance short of that Brazilian port city. ing back of plane wreckage in an uninhabited, they earned with their lives. Authorities have never issued an official isolated area of the Amazon jungle. After a The remains of the ten Army Air Corps explanation for the crash. aviators, who died on April 11, 1944 when 1994 search party failed to find the site, offi- The aircraft remained lost until the 1990s, their plane crashed in northeastern Brazil, when a group of gold prospectors reportedly cials finally confirmed the plane's location. On will be buried Feb. 20 with full military hon- stumbled across it. Independence Day 1995, a 15-man team from ors in Arlington National Cemetery, official A joint expedition by the Forc¸a Ae´rea the U.S. Army Central Identification Laboratory sources said. Brasileira (FAB, Brazil’s air force), and the arrived in Brazil to begin the arduous process Sadly, this recognition comes much too U.S. Army located the crash site and recov- of bringing our boys back home. late for most of those who waited in vain for ered the crew’s remains in July 1995. Next week, the 10 crew members of 42± news of their loved ones—while for 51 years, ‘‘They told me that the place was 150 miles 95064 will be placed in their resting place after the bomber’s crash site remained lost, hid- off course,’’ said James K. Leitch, whose den in a dense and uninhabited region of the brother, Staff Sgt. John E. Leitch, was 42- 54 long years. Phyllis Bowling of Williamsburg, Amazon jungle. 95064’s flight engineer. a first cousin of Sgt. Herman Smith and his Smith’s mother, Martha E. Smith of Cum- James Leitch, also a World War II veteran, closest living relative, will attend the service. berland Ave., Williamsburg, apparently died said he contacted government officials in For the people of Williamsburg, Kentucky, this years ago; and now, no one at Veterans of 1995 after reading a short news report that service means that one more man, whose Foreign Wars Post 3167 seems to remember the plane had been found. name has been forever captured on the VFW him. ‘‘They don’t know why it went down, but it His name appears on the VFW’s memorial could have run out of gas.’’ Post 3167's memorial commemorating those outside the courthouse, along with the other ‘‘They feel that the whole crew was killed killed from Whitley County during the Great Whitley County men listed and killed during on impact,’’ he said. War, will finally receive the military honors he the Great War. Other than that, there has A HALF-CENTURY’S SILENCE deserves. been nothing but silence surrounding Smith, When 42-95064 and its crew of 10 went down Every day, men and women from counties the plane’s ball turret gunner, and his in April 1944, James Leitch was a 19-year-old all across our nation volunteer, like Herman crewmates for nearly 54 years. infantry-man waiting to be shipped to duty Smith did, for one of the most important jobs DO YOU READ ME, 42–95064? in the Pacific. America has to offerÐmilitary service in the As the Allied war effort in Europe esca- His company commander called him to the United States Armed Forces. These men and lated towards the ‘‘longest day’’—the actual office and told him he needed to go home to women have so much faith, honor, love and invasion of Hitler’s ‘‘Fortress Europe’’ on D- Los Angeles. respect for this nation that they are prepared Day, June 6, 1944—America and her allies There, his parents told him his brother was mounted heavy bombing raids throughout reported missing in action somewhere in the to sacrifice their lives in order to preserve and Axis-held Europe, North Africa and Italy. Brazilian jungle. protect the United States and all that she Daily aircraft losses reaching 50 percent in About a month later, A Brazilian native stands for. some raids meant new, replacement planes reportedly told officials he had seen the In turn, we must remain committed to them. moved in a steady stream from American wreckage of a four-engine plane and six bod- We must support our service personnel in factories to the front. ies, but the man disappeared before anyone February 12, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E185 could verify his story, said Peter Muello, an on them,’’ said Fernando Allegretti, a UNABLE TO ATTEND ROLLCALL Associated Press writer in 1995. spokesman for the Brazilian state of Amapa´ , VOTE Shortly after that initial report, a British where the plane crashed. man told authorities he had found the plane, One investigator found a wallet, and an- and even reported the aircraft’s correct iden- other found several 1944 dollar bills, he said. HON. ILEANA ROS-LEHTINEN tification number, said Muello. The high-speed impact of the crash meant OF FLORIDA The Leitch family never heard about either little was left of the aircraft, and most of IN THE HOUSE OF REPRESENTATIVES of these sightings. it—spread over a wide area and undisturbed A letter to Leitch’s parents from a Brazil- for 51 years—will never be recovered, offi- Thursday, February 12, 1998 ian official, dated July 14, 1944, said Amer- cials said. Ms. ROS-LEHTINEN. Mr. Speaker, I regret ican authorities were searching ‘‘where the After three weeks, the team recovered the that due to unforeseen circumstances I was plane is supposed to have made a forced land- remains of all 10 on board. unable to vote on H. Res. 352 (Rollcall No. ing.’’ Officials then held a memorial service for 12). If I had been present, I would have voted Five years later, Leitch’s mother con- the crew at Macapa´ , capital city of Amapa´ . ``Aye''. tacted a U.S. vice-consul in Belem, who told A short time later, CILHI forensics experts her that tribes in the area were friendly, and confirmed the remains were, indeed, those of f if anything had been found, they would have the long-lost crew of 42–95064. contacted the Brazilian authorities. TWO YEAR ANNIVERSARY OF THE During that same time year (1949), the Los GIVE THEM PEACE TELECOMMUNICATIONS ACT OF Angeles Times reported that the U.S. Adju- After more than two-and-a-half years of at- 1996 tant General’s Office issued the statement tempting to find surviving relatives of the that ‘‘no evidence has been submitted that crew, the U.S. Army has apparently decided any of the crew parachuted to the safety, nor against returning the remains to the fami- HON. SUE MYRICK has any indication been received that the lies. OF NORTH CAROLINA men were found by natives.’’ ‘‘I made call after call’’ to the authorities, IN THE HOUSE OF REPRESENTATIVES said Leitch after hearing of the plane’s dis- ‘‘Any that was all we heard,’’ said Leitch. Thursday, February 12, 1998 ‘‘My mother went to her grave believing covery in 1995. her John was still alive, somewhere in the ‘‘I was told they were going to use a DNA Mrs. MYRICK. Mr. Speaker, I rise today to jungle,’’ he said. process to identify each man,’’ he said. commend the Federal Communications Com- After these reports, no official statements ‘‘We wanted him (John) buried out here in mission on their newly demonstrated spirit of about 42–95064 were made until 1995, when Los Angeles, with my parents.’’ cooperation as they continue to implement the Brazilian army authorities said their 3rd Leitch said the family has kept a burial Telecommunications Act of 1996. Jungle Infantry Battalion discovered the plot for John all these years. wreckage in August 1994 and brought back ‘‘a However, last month’s announcement of We are beginning to see the spirit of the leather artifact’’ that one official said was plans for the Feb. 20 group burial in Arling- new faces on that Commission. There is no probably part of a crewmember’s flight jack- ton put an end to each family’s own hopes question that the new members of the FCC et. for closure. have a lot of work to doÐparticularly as they But in December 1994, a joint search party Army officials apparently identified Peggy work through what their predecessors started mounted by Brazil’s air force and the U.S. Bowling, a Williamsburg woman who is in the process which will allow local phone Embassy to Brazil failed to find the site. Smith’s first cousin, as Smith’s closest liv- companies into the long distance market. Finally, officials confirmed the site; and ing relative. Until just recently, the 14-point check list, on Independence Day, 1995, a 15-man salvage Bowling and another Whitley County resi- designed to ease the long distance entry proc- team from the U.S. Army Central Identifica- dent are expected to attend the Feb. 20 cere- tion Laboratory arrived in Brazil to join a mony. ess, has been a constant source of confine- Brazilian army expedition to travel to the Leitch said the government is arranging to ment for local service providers. They have site and recover anything that was left. fly family members to Washington for the been forced into the courts to seek refuge. ‘‘BRING THE BOYS BACK HOME’’ event. The courts have ruled in favor of the local When millions of Americans sang along The 42–95064’s crew included: companies. with war-era stars like Vera Lynn and Glenn 2nd Lt. Edward I. Bares, pilot, Chicago; After such a long string of slanted rulings, Miller, hoping that ‘‘We Will Meet Again’’ Flight Officer Robert W. Pearman, co-pilot, clearly issued in defiance of the will of this and praying to ‘‘Bring The Boys Back Miami; Flight Officer Laurel Stevens, bom- Congress, I am pleased to see that the FCC bardier, Monroe, Iowa; 1st Lt. Floyd D. Kyte Home,’’ few would dream their government is singing a new tune. I look forward to seeing and their tax dollars would still be busy try- Jr., navigator, Elmira, N.Y.; Sgt. John Rocasey, nose gunner, El Monte, Cal.; Staff those new words develop into new actionsÐ ing to do exactly that, more than 50 years actions that will fulfill the 2 year old promise of later. Sgt. John E. Leitch, engineer, Los Angeles; Thanks to the ongoing mission of the Sgt. Michael Prasol, tail gunner, North- lower prices and more choices for American Army Central Identification Laboratory in ampton, Mass.; Sgt. Herman Smith, ball tur- consumers. Hawaii (CILHI), many missing servicemen— ret gunner, Williamsburg, Ky,; Sgt. Max C. f especially from Vietnam—have been posi- McGilvrey, upper gunner, Perkins, Okla,; tively identified from even the smallest of and Staff Sgt. Harry N. Furman, unknown 1998 CONGRESSIONAL OBSERVANCE remains, after a process involving long hours replacement, Dayton Plains, Mich. OF BLACK HISTORY MONTH of scientific analysis. Furman, not part of the plane’s original Apparently, that’s where 42–95064’s crew crew, replaced the crew’s radio operator. SPEECH OF has been since the summer of 1995, while U.S. Staff Sgt. Abe Shepherd of Ohio, on the fate- Army officials attempted to track down ful flight HON. WILLIAM J. COYNE next-of-kin for each man. ‘‘It is likely that the ground crew chief OF PENNSYLVANIA An FAB (Brazilian air force) team prepared may well have replaced one of the gunners, IN THE HOUSE OF REPRESENTATIVES the site, and assisted the CILHI researchers who would have gone by sea,’’ said Kevin during a three-week recovery effort in a Welch, a B–24 veteran. Wednesday, February 11, 1998 dense jungle area some 50 miles northeast of ‘‘Occasionally, some positions were Mr. COYNE. Mr. Speaker, I am pleased to the Amazon River city of Macapa´ , located manned by non-crew members,’’ said John join my colleagues in this special order cele- Jakab, another B–24 veteran. about 250 miles northwest of the plane’s des- brating Black History Month. I would like to ex- ´ For example, he said, ‘‘my co-pilot crossed tination, Belem. press my appreciation to Representatives Searchers found two sets of ‘‘dog tags’’ and over by ship. My co-pilot for the overseas numerous bone fragments at the site, said flight was our unit operations officer.’’ LOUIS STOKES and MAXINE WATERS for orga- Johnie Webb, a CILHI civilian deputy com- Shepherd’s fate is not known—and, after nizing this special order, which provides the mander. all these years, there aren’t that many peo- Members of the House with an important op- ‘‘It is, very dense jungle,’’ he said, adding ple still around who remember the lost crew portunity to participate in Black History Month. that ‘‘all 10 (crewmen) perished in the air- of 42–95064. The United States has officially commemo- craft.’’ But some will never forget them. rated Black History Month and its prede- Two weeks of digging at the crash site ‘‘I have mixed feelings’’ about the upcom- cessors can be traced back an additional 50 ing ceremony, said Leitch. brought nothing, Leitch said officials told years to 1926, when Dr. Carter G. Woodson, him. The Leitch brothers, born 17 months apart, ‘‘They had dug several meters deep and ‘‘used to double date’’ in their young days in a prominent educator, historian and author, were starting to lose hope, when suddenly, southern California, he said. created Negro History Week. Since then, each they started finding bones, rings, necklaces ‘‘I’m happy that it’s coming to a close, but February has been a time when Americans and dog tags with names and ranks written I really miss him. It still bothers me.’’ are called upon to educate themselves about E186 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1998 the contributions that African Americans have William Leidesdorff was another African North Carolina Mutual Life Insurance Com- made to all aspects of American life and cul- American whose business success led to em- pany became the largest black-owned busi- tureÐand to consider the complicated role powerment. Born on the West Indian island of ness in the country. that race and racism have played in our na- St. Croix, Mr. Leidesdorff became a natural- One of the best-known African American en- tion's history. ized citizen of the United States in 1834 and trepreneurs in this country was Madame C.J. The Association for the Study of Afro-Amer- began working as a ship's captainÐsailing out Walker, who rose from poverty to become a ican Life and History, an organization that Dr. of first New Orleans and then New York. One millionaire. Born Sarah Breedlove to a poor Woodson established in 1915 to promote a of his voyages left him in California, which farming family in Delta, Louisiana in 1867, she greater understanding and appreciation of the was at that time part of Mexico, in 1841. Mr. was orphaned when she was 6 years old and contributions that African Americans have Leidesdorff settled down in Yerba Buena, a lit- was raised by her older sister. She was mar- made to this country, has selected ``African tle seaside town that would one day be re- ried when she was 14, had a daughter several Americans in Business: The Path Toward Em- named San Francisco, and he started a busi- years later, and became a widow when she powerment'' as the theme for this year's ob- ness selling local supplies to ships and import- was 20. She worked as a washerwoman to servance of Black History Month. ing goods which he sold to the other settlers. support herself and her daughter for a number This is a most important topic because as His business prospered, and he built the first of years. In 1905, she developed a hair condi- many Americans of different racial and ethnic hotel in San Francisco. As a result of his tioner and a metal comb for straightening hair. backgrounds have learned, economic power prominence in the community, Mr. Leidesdorff She began selling her hair care products and leads to political power. The experiences of was appointed the American vice consul for other cosmetics door to door in Saint Louis, many well-known African Americans illustrate the Port of San Francisco in 1845. Over the but as she became successful she developed how business success can lead to political course of the next year, he was active in the other marketing approachesÐmail order sales, empowerment. efforts to secure California's independence franchised sales agents, and lecture toursÐ Paul Cuffe was a seaman and shipowner in from Mexico. Mr. Leidesdorff collaborated with that allowed her business to expand to many Massachusetts during and after the Revolu- Captain John Fremont, Commander John parts of the South and the East. In 1910, tionary War. He built, commanded, and in- Montgomery, and Commodore John Sloat in Madam C.J. Walker moved her operations to vested in a number of vessels during his long driving the Mexican government out of Califor- Indianapolis, where she set up a large manu- career. His activity as a black captain of a nia and in making California part of the United facturing facility. By the time she passed away black crew shattered many widely held per- States. He was elected to the first San Fran- in 1919, she was one of the most successful ceptions about African Americans. He started cisco city council in 1847, and he served on business women in the country. She used her out in fishing, but his business ventures slowly the committee that set up San Francisco's first wealth to support the NAACP, homes for the expanded to include the coastal trade along public schools. In short, his business success elderly and the needy, and educational oppor- the Atlantic coast, international trade, and led to become an influential and respected tunities for African Americans. whaling voyages in distant waters. At the time community leader. Another successful business woman born of his death, his shipping empire conducted John Merrick was born into slavery in Clin- just after the Civil War was Maggie Lena trade with Europe, Asia, and the West Indies. ton, NC, and worked for a number of years as Walker. A native of Richmond, VA, Maggie Mr. Cuffe was politically active at an early age. a hod carrier and brick mason before becom- Lena Walker graduated from high school de- He joined other African Americans in protest- ing a barber and opening a barber shop in spite the early death of her stepfather. She ing their treatment under the Massachusetts Durham, North Carolina, in 1880. The barber went on to teach in a public school, work as Constitution of 1778, which held them liable shop prospered, and he opened several other an insurance agent, and take business for taxes even as it refused them the right to barber shops. Mr. Merrick became involved in courses in accounting and salesmanship. She vote. As a result of their efforts, a court de- providing insurance to the African American worked her way up the hierarchy of a fraternal cided in 1783 that African Americans did have community, and he founded the North Caro- insurance cooperative known as the Grand the right to vote in Massachusetts. Most of his lina Mutual Life Insurance Company in 1898. United Order of St. Luke. The Order provided political activity, however, came later in his From a modest initial investment of $350, the health and burial benefits for its members. In life, after he had made his fortune. Mr. Cuffe company grew and grew. At the time of Mr. 1899, Mrs. Walker was named executive sec- used his wealth to support efforts to establish Merrick's death in 1919, the company's poli- retary-treasurer of this organization, and she African American settlements in Sierra Leone. cies provided more than $16 million worth of changed its name to the Independent Order of He established the Friendly Society to finance coverage. Mr. Merrick also worked success- St. Luke. Under her management, the organi- this endeavor, and he traveled to England and fully to establish a black-owned and operated zation grew substantially. In 1903, she estab- Africa to promote it. He also met with Treasury bank, drug store, real estate company, and lished the St. Luke Penny Savings Bank and Secretary Albert Gallatin and President James textile mill in his home of Durhanm, NC. Mr. became its president. The St. Luke Penny Madison to seek their help. His business suc- Merrick became one of the leading black busi- Savings Bank grew steadily, and in 1929, it cess enabled him to successfully pursue his nessmen in the post-Reconstruction South, absorbed the other African American banks in political goals. and he used his prominence and connections Richmond under the name of the Consolidated Another notable African American whose to help establish Lincoln Hospital, one of the Bank and Trust Company. Mrs. Walker served business success empowered him was James best private hospitals for African Americans in as the chairman of the Consolidated Bank and Forten. Born free in Philadelphia, the grand- the Jim Crow South. Trust Company's board of directors until her son of a slave, Mr. Forten attended an aboli- Charles Clinton Spaulding left his family death in 1934. She organized and supported tionist school until the death of his father farm in North Carolina in the late 1800's to get several large philanthropic organizations, and forced him to drop out to support his family. an education. He began his career toiling as she was active in the state NAACP. After serving on a privateer during the Revolu- a dishwasher, bellboy, waiter and cook while Robert L. Vann was born in the late 1800s tionary War, Forten apprenticed himself to a he studied with children half his age to get the into a poor farming family in rural North Caro- white sailmaker, Robert Bridges. He rapidly equivalent of a high school education. He per- lina. Mr. Van steadfastly pursued his edu- proved his ability, and Bridges made him his severed, and he eventually graduated from cationÐworking his way through school and foreman. When Mr. Bridges retired in 1798, Whitted Grade School in 1898 at the age of earning a law degree from the University of Mr. Forten took over the business, operating a 24. He took a job as the manager of a black- Pittsburgh in 1909. In 1910, he was the moti- racially integrated workplace with nearly 50 owned grocery company, but the business vating force behind the establishment of the employees. Mr. Forten became a wealthy failed and Mr. Spaulding was plunged into Pittsburgh Courier, a newspaper serving the man, and he used his wealth to pursue politi- debt. Despite this adversity, Mr. Spaulding African American community. Over the follow- cal change. He circulated petitions protesting persevered. He was hired by Jon Merrick in ing 2 years, Mr. Vann acquired sole control of the fugitive slave laws. He published pam- 1899 as the first employee of the North Caro- the paper and became its editor. The paper phlets opposing proposals to prohibit free lina Mutual Life Insurance Company, and grew substantially, and its success allowed blacks from settling in Pennsylvania. He was largely through his hard work and innovative Mr. Vann to become involved in politics. He an active abolitionist, and he provided more fi- marketing, the company was very successful. served as Assistant City Solicitor for the City nancial support to the abolitionist cause than Mr. Spaulding became president of the com- of Pittsburgh from 1917 until 1921. He served anyone except Arthur and Lewis Tappan. pany in 1923. At the time of his death in 1952, as national director of outreach efforts to the Even when he was not allowed to vote be- the company employed over 1,000 people and African American community for the Repub- cause of his race, his white employees voted provided more than $165 million in insurance lican presidential campaigns of 1920, 1924, for the candidates he supported on his behalf. policies. Under Mr. Spaulding's leadership, the and 1928. In the presidential campaign of February 12, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E187 1932, he used his influence to encourage The interesting question is how much more authorizations for competitive, peer-reviewed black voters to support Franklin Roosevelt, these entrepreneurs could have achieved had research into the problems of zebra mussels, and as a result of his efforts he served in sev- they not faced the widespread racism and oyster disease, and phiesteria. I don't have to eral capacities in the Roosevelt Administration, race-based legal restrictions of their times. tell you how these organisms have plagued where he worked to increase African Ameri- Today, opportunities exist both within the many communities throughout America and of cans' political power. Mr. Vann used his influ- black community and within the larger society the economic losses they have caused. This ence, for example, to push for racial equality for African American businesses to develop bill will help us get the best scientific minds in the U.S. armed forces. After leaving the ad- and grow. As we celebrate Black History working to improve our understanding of these ministration, Mr. Vann returned to the Pitts- Month, I believe that we should rededicate problems and to find solutions. burgh Courier, where he urged African Ameri- ourselves to the expansion of economic op- The Sea Grant program has contributed cans to refrain from making an allegiance with portunities for African Americans and other mi- greatly to our knowledge of the marine envi- either political party. He believed that African norities. Such efforts must go beyond the ronment these past three decades and has Americans would enjoy greater political power speeches we give here today. I believe that earned the support of the political and sci- if their votes could not be taken for granted by affirmative action and government programs entific community. I believe the bill the either political party. that help develop minority-owned small busi- Science and Resources Committees have Archie A. Alexander was born in Iowa in nesses are still needed to create a ``level play- crafted will put the program on a sound footing 1888. His father was a janitor. Mr. Alexander ing field''Ðthey are needed to offset the im- for the future and, just as important, will pro- worked his way through collegeÐstudying en- pact of residual racism in our society, and to vide the taxpayer with value for money. I urge gineering despite efforts to discourage him offset the effects of decades of discrimination. my colleagues to support it. from pursuing this profession. He graduated I urge my colleagues to act to protect, expand, Before closing, I would like to commend the from the University of Iowa in 1912 with a B.S. and improve federal efforts to guarantee eco- gentleman from California [Mr. CALVERT], in civil engineering. In 1914, he set up an en- nomic and educational opportunity to all Amer- Chairman of the Science Committee's Sub- gineering firm, Alexander and Higbee, at the icans. committee on Energy and the Environment, age of 26. The firm did well. Mr. Alexander f and the subcommittee's ranking member, the continued the business on his own for several NATIONAL SEA GRANT COLLEGE gentleman from Indiana [Mr. ROEMER], for their years after the death of his partner, but in PROGRAM REAUTHORIZATION 1929 he joined one of his university class- hard work on this legislation. I would also like ACT OF 1998 mates to establish the firm of Alexander and to thank the ranking member of the Science Committee, the gentleman from California [Mr. Repass. Their business flourished, and they SPEECH OF won and completed large projects across the BROWN], for his support throughout the proc- country. In 1954, President Eisenhower ap- HON. F. JAMES SENSENBRENNER, JR. ess. pointed Mr. Alexander Governor of the U.S. OF WISCONSIN I also want to take a moment to thank the Virgin Islands. IN THE HOUSE OF REPRESENTATIVES gentleman from Alaska, the Chairman of the John H. Johnson, the noted African Amer- Wednesday, February 11, 1998 Committee on Resources [Mr. YOUNG], and his ican publisher, was born in Arkansas, but his Mr. SENSENBRENNER. Mr. Speaker, I rise colleagues on the Committee on Resources, family moved to Chicago when he was 15 today in support of the amendment to S. 927, including the gentleman from California [Mr. years old. His hard work in school led to an The National Sea Grant College Program Re- MILLER], the ranking member of the commit- opportunity that changed his life. He was se- authorization Act of 1998. I think that it is es- tee; the gentleman from New Jersey [Mr. lected to speak at the 1936 Chicago Urban pecially appropriate that we bring this bill be- SAXTON], Chairman of the Subcommittee on League banquet honoring high school seniors. fore the House early in 1998, which has been Fisheries, Conservation, Wildlife, and Oceans; His speech so impressed the main speaker, designated by the United Nations as the ``Year and the gentleman from Hawaii [Mr. ABER- the president of the Supreme Liberty Life In- of the Ocean.'' I can think of no better way to CROMBIE], the subcommittee's ranking mem- surance Company of Chicago, that he was enter into the spirit of this designation than by ber. They can be proud of their handiwork. hired to work in the company's offices. For the passing the Sea Grant bill before us today. next four years, Mr. Johnson worked in the Thirty-two years ago, the National Sea f company's offices and studied at the Univer- Grant College Program was established by IMPORTANCE OF RENEWABLE EN- sity of Chicago and Northwestern University. Congress to improve our understanding of the ERGY IN THE UTILITY RESTRUC- When Mr. Johnson completed college, he nation's marine environment and to manage TURING DEBATE went to work full-time for Supreme Liberty. In marine resources better. Since then, ocean the course of his work, Mr. Johnson realized and marine science hasn't stood still, and nei- that many African Americans would be inter- ther should the Sea Grant program. This latest HON. SCOTT L. KLUG ested in buying a publication containing news reauthorization bill is the fruit of a bipartisan OF WISCONSIN about African Americans and the African effort between the Committee on Science and American community. In 1942, he began pub- the Committee on Resources to update and IN THE HOUSE OF REPRESENTATIVES lishing and selling a magazine named Negro reinvigorate the Sea Grant program and to im- Thursday, February 12, 1998 Digest. The demand for this new publication prove the accountability of the program to the was impressive. Circulation rose to more than taxpayers. I believe this bill achieves both of Mr. KLUG. Mr. Speaker, legislation allowing 100,000 readers in a few short years. Mr. these goals, and I urge my colleagues on both all consumers to choose their electricity pro- Johnson followed up on this success with sides of the aisle to support it. vider has been the subject of ongoing discus- other publications. In 1945, he brought out This five-year reauthorization is not much sion during the past two sessions of Con- Ebony magazine, and in 1951, he introduced different from the H.R. 437, which passed the gress. It continues to be a topic that engages Jet. Today, he is one of American's leading House overwhelmingly last June. It adds and Congress and the American public. A majority publishers. modifies various definitions, clarifies the re- of voters favor Congress requiring electricity These are just a few of the more prominent sponsibilities of the Program Director, and out- companies to use renewable energy sources. African American entrepreneurs from the past lines the duties of the Sea Grant institutions In fact, almost 70% favor requiring utilities to 200 years. Many African Americans have suc- conducting Sea Grant programs. It also in- invest in energy efficient programs. And, given cessfully overcome adversity, financial chal- cludes merit reviews of grant and contract ap- a choice, 78% of Americans would be willing lenges, and discrimination to create successful plications, repeals the Sea Grant International to pay more for non-polluting, environmentally- businesses. Many of these successful black Program, which has never been funded, and friendly electric power. entrepreneurs identified and addressed needs ensures peer review of research sponsored by With this mandate, I was honored yesterday in the African American community that white Sea Grant. Moreover, by limiting administra- to submit a letter to Chairman BLILEY and businesses had ignored or disdainedÐbut oth- tive spending to no more than 5 percent of the Ranking Member DINGELL, signed by myself ers like Paul Cuffee, James Forten, William lesser of the amount authorized or appro- and 105 of my colleagues from both sides of Leidesdorff, and Archie Alexander competed priated each fiscal year, the bill also will help the aisle, urging that renewable energy remain head-to-head with white businesses quite prof- ensure that the taxpayers' money is being part of the overall discussion on utility restruc- itably. In either case, the individuals I have spent on research, not red tape. turing. I include this letter and the list of co-si- mentioned were able to use their business In addition to the base authorization for the gnors in the record and commend it to your at- successes to pursue social or political ends. Sea Grant program, the bill includes additional tention. Thank you very much. E188 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 1998 CONGRESS OF THE UNITED STATES, lene Hooley, (D-OR); Bob Franks, (R-NY); paper industry. But from the public's stand- Washington, DC, February 11, 1998. John Olver, (D-MA); Thomas Ewing (R-IL); point, the new law hasn't delivered on its Hon. TOM BLILEY, Caroylyn Maloney, (D-NY); Jim Kolbe (R- promises. Hon. JOHN D. DINGELL, AZ); Jay Dickey, (R-AR); Rick Lazio, (R- Maybe our basic mistake was to place an Committee on Commerce, House of Representa- NY); Barbara Kennelly, (D-CT); Rober Mat- tives, Washington, DC. sui, (D-CA); Bob Clement, (D-TN); Joseph independent regulatory agency in charge of DEAR CHAIRMAN BLILEY AND REPRESENTA- Kennedy II, (D-MA); Tom Davis, (R-VA); Zoe trying to promote competition. If Congress had TIVE DINGELL: Maintaining a renewable en- Lofgren, (D-CA); Tom Lantos, (D-CA). relied on the Washington bureaucracy, instead ergy option for America has been a public f of the marketplace, to foster competition in the policy supported by the past four Republican airline, surface transportation, energy or bank- and Democratic Administrations and by YORK COUNTY LITERACY COUNCIL ing fields, we would still be waiting for true large bipartisan majorities in the Congress. This is so because America’s clean and do- competition in those areas. mestic renewable energy resources help cre- HON. WILLIAM F. GOODLING You don't need 3 years in law school to fig- ate U.S. jobs, contribute to a cleaner envi- OF PENNSYLVANIA ure out that Congress expected results. ronment and healthier citizenry, and IN THE HOUSE OF REPRESENTATIVES Throughout the 1996 Act, Congress imposed strengthen U.S. energy security by increas- 90-day deadlines on the FCC to act. Why ing America’s diversity of domestic fuel sup- Thursday, February 12, 1998 would Congress establish deadlines like that if plies. Mr. GOODLING. Mr. Speaker, I am pleased the result were no long distance applications As the U.S. electricity industry undergoes change, we want to reiterate our strong sup- to recognize the efforts of the York County Lit- accepted by the FCC? port for maintaining America’s renewable eracy Council on their ``Buck A Book Week.'' The FCC has new leadership today. Four of energy option. We urge that, when the Com- This annual event was established in 1993 the five FCC Commissioners are new. It merce Committee moves forward with elec- with the help of one of York County's radio seems to me that the agency's approach over tric industry restructuring legislation, such stations, WSBA. The event has been highly the past 2 years has been wrong. They need legislation contains provisions ensuring that successful in motivating people to read and in to try a different approach. the American people will continue to benefit bringing new public awareness to the issue of Mr. Speaker, I don't have any magic solu- from an increased utilization of clean and tions. Coming up with solutions, after all, is domestic renewable energy resources. literacy. Thank you for considering this request. Literacy is the backbone of an education. I why we have a FCC. Congress and the Amer- Sincerely, believe the York County Literacy Council and ican public didn't support communications re- SCOTT KLUG. all the Literacy Councils in my district have form just to help the Washington lawyers. DAVID MINGE. done an excellent job in improving literacy. Something needs to be done, and soon. MATT SALMON. Their mission has been to serve adults who f KAREN THURMAN. lack basic skills in reading, writing, and mathe- COMMENDING VOLUNTEER EF- LIST OF MEMBERS SIGNING RENEWABLE matics, and to improve collaboration among FORTS DURING THE SUPER- ENERGY LETTER service providers. The ``Buck A Book Week'' Scott Klug, (R-WI); Matt Salmon, (R-AZ); certainly exemplifies their proactive approach TYPHOON PAKA David Minge, (D-MN); Karen Thurman (D- to addressing the problem of illiteracy. FL) Sander Levin, (D-MI); Sherwood Boeh- I believe illiteracy is one of the most serious HON. ROBERT A. UNDERWOOD lert, (R-NY); Lucille Roybal-Allard, (D-CA); problems facing our country. It seriously re- OF GUAM Constance Morella, (R-MD); Benjamin stricts the ability of individuals to participate ef- IN THE HOUSE OF REPRESENTATIVES Cardin, (D-MD); John Lewis, (D-GA); Wayne Gilchrest, (R-MD); Vernon Ehlers, (R-MI); fectively in the workforce. It has been esti- Thursday, February 12, 1998 mated that up to 90 percent of those entering Peter DeFazio, (D-OR); Ronald Dellums, (D- Mr. UNDERWOOD. Mr. Speaker, on De- CA); Benjamin Gilman, (R-NY); Sue Kelly, Federal training and employment programs (R-NY); Sue Kelly, (R-NY); Sam Farr, (D- without a high school diploma have serious lit- cember 16, Supertyphoon Paka destroyed or CA); Earl Blumenauer, (D-OR); Collin Peter- eracy problems. In contrast, individuals who severely damaged more than 8,000 homes, in- son, (D-MN); Edolphus Towns, (D-NY); Lynn demonstrate higher levels of literacy skills tend juring more than 200 people and leaving more Woolsey, (D-CA); Maurice Hinchey, (D-NY); to avoid long periods of unemployment, earn than 3,000 families homeless. Of the home- John Ensign, (R-NV); Lynn Rivers, (D-MI); higher wages and work in higher skilled occu- less, more than 1,000 required temporary Nita Lowey, (D-NY); Patrick Kennedy, (D- housing immediately. To the relief of these RI); Tim Holden, (D-PA); Bud Cramer, (D- pations than those at the lowest levels. Mr. Speaker, through quality, innovative pro- people, the Government of Guam Disaster AL); Chris John, (D-LA); Jane Harman, (D- Housing Office was quick to respond. The CA); Jose Serrano, (D-NY); Frank Rigss, (R- grams and the diligent efforts of individuals CA); John Edward Porter, (R-IL); Ed Pastor, and community organizations such as the Liheng-ta Facility was put up to temporarily (D-AZ); Jon Fox (R-PA); Ellen Tauscher, (D- York County Literacy Council, the Central house the over 1,000 individuals who needed CA); Owen Pickett, (D-VA); Jim Turner, (D- Pennsylvania Literacy Council, and the Adams temporary shelter. TX); Roscoe Bartlett, (R-MD); Gary Acker- County Literacy Council, the tragedy of illit- I rise today to commend and congratulate a man, (D-NY); Pasty Mink, (D-HI); James eracy may one day become a thing of the number of individuals who have distinguished McGovern, (D-MA); James Walsh, (R-NY); past. I applaud these Councils on their efforts themselves in the midst of the most recent James Greenwood, (R-PA); John Shimkus, and commend them on a job well done. natural disaster to hit the island of Guam. I (R-IL); Elizabeth Furse, (D-OR); Earl Pom- would like to submit for the record the names eroy, (D-ND); William Delahunt, (D-MA); f Christoper Shays, (R-CT); Marion Berry, (D- of the people who made this all possible, AR); F. Allen Boyd, Jr., (D-FL); Henry Wax- THE 1996 TELECOMMUNICATIONS some of whom are still working at the facility man, (D-CA); Sony Bono, (R-CA); Michael ACT: BLUNTED BY THE BU- as we speak. Castle, (R-DE); Tom Campbell, (R-CA); Lane REAUCRACY First of all, I would like to make mention of Evans, (D-IL); Dale Kildee, (D-MI); Vic people who managed the shelters: Mr. Robert Fazio, (D-CA); Nathan Deal, (R-GA); Edward Kelley, the director of the Disaster Housing Of- Markey, (D-MA): Bob Filner, (D-CA); Ray HON. TOM DeLAY OF TEXAS fice; Jordan Kaye, the administrator of the LaHood, (R-IL); James Oberstar, (D-MN); Liheng-ta Facility; Ms. Marcia V. Mesa, the Barney Frank, (D-MA); John LaFalce, (D- IN THE HOUSE OF REPRESENTATIVES head nurse; and the staff officers: Cecilia S. NY); George Brown, (D-CA); Frank Pallone, Thursday, February 12, 1998 (D-NJ); Martin Olav Sabo, (D-MN); Howard Delgado; Doris Young; Frank D. Santos, Jr.; Berman, (D-CA); Esteban Torres, (D-CA); Mr. DELAY. Mr. Speaker, the biggest prob- Greg S. Massy; Francis L.G. Damian; Isabel J. James Rogan, (R-CA); Mark Foley, (R-FL); lem with the 1996 Telecommunications Act Gawel; Teresita D. Finona; Frances Diaz; George Miller, (D-GA); Bruce Vento, (D-MN); isn't the way it was drafted, it's the way the David R. Duenas. Jim McDermott, (D-WA); Jim Leach, (R-IA); bureaucrats at the Federal Communications Lt. L.F. Castro was the Officer in Charge of Robert Scott, (D-VA); Eva Clayton, (D-NC); Commission (FCC) have decided to implement the police officers tasked to provide security. Nancy Pelosi, (D-CA); Leonard Boswell, (D- it. Working under him were Sgt. II T.P. Tenorio, IA); Martin Meehan, (D-MA); Lloyd Doggett, (D-TX); James Clyburn, (D-SC); Bart Stupak, Much of what the FCC has done has been Operations Sergeant; Sgt. I M.P. Salas; Sgt. I (D-MI); David Skaggs, (D-CO); David Bonior, reversed on appeal by the courts, or pulled D.C. Acfalle; PO3 P.H. Villanueva; PO3 M.J. (D-MI); Nancy Johnson, (R-CT); Jim Davis, back for reconsideration by the FCC itself. The Sayama; PO3 R.P. Fernandez; PO3 M.L. (D-FL); Jerrold Nadler, (D-NY); Dennis law has been good for Washington lawyers Mendoza; PO2 G.S. Topasna; PO2 K.S. Kucinich, (D-OH); Bill Barrett, (R-NE); Dar- and economists. It has been great for the Espinosa; PO2 M.M. Muna; PO2 W.J. Penn; February 12, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E189 PO2 A.J. Balajadia; PO2 P.T. Atoigue; PO2 your public service to the victims of Typhoon pockets of hard-working Americans where it A.B. Quitugua; PO2 J.C. Borja; PO3 D.J. Paka. belongs. Arceo; PO2 H.C. Flores; PO2 A.R.B. Pierce; f The President proposed a 3% increase, on CO/SGT. M.A. Reyes; D/L P.R. Manley; D/L PRESIDENT’S BUDGET AND SOCIAL average, in the budgets of the 26 Federal N.J. Gogo; CO1 R.L. Delfin; CO1 P.C. Aguon; agencies under my Subcommittee's jurisdic- CO1 M.G. Villagomez; CO1 M.D. Aguon; CO1 SECURITY tion alone. For some agencies the increases F.C. Quinata; DO R.L. Blas; DO J.C. were larger than othersÐ11% more for the Tedtaotao; P/RCT. P.R. Blas; P/RCT. D.D. HON. DAVID M. McINTOSH Department of Energy and 9% more for the Cepeda; P/RCT. J.S. Babauta; and P/RCT. OF INDIANA EPA. (I have a chart detailing the President's R.M. Lujan. IN THE HOUSE OF REPRESENTATIVES requests for these 26 agencies which I would Last but not least, I would like to commend Thursday, February 12, 1998 like to insert into the record.) I doubt many the men and women of the Guam Air and Americans would consider it a priority to send Army National Guard and the Army Reserves Mr. MCINTOSH. Mr. Speaker, the President, more money to these already-bloated agen- for the invaluable service they provided. It was in his State of the Union address, told the cies, which will use it to create more govern- Guam's citizen soldiers and airmen who pre- American people that he intends to devote the ment red tape. pared and maintained the facilities. They entire budget surplus to saving Social Secu- made sure that the buildings were safe, in rity. But, the American people should know Mr. Speaker, we in the Congress must not good condition and provided hot meals for the that so far his actions have not been consist- allow the President to get away with this slight residents. ent with the promise. of handÐhe is trying to secretly use the sur- These men and women came from every In fact, in his recent budget, the President plus to increase big government, but get credit corner of the island. Through their sense of has proposed to spend more on the Federal for using it to save Social Security. The Presi- duty, they supported and aided those who had bureaucracy. That's more money for big gov- dent needs to tell the truth to the American been less fortunate. For this they should be ernment in Washington, D.C., not for saving peopleÐthey deserve to know how their honored and recognized. Si Yu'os Ma'ase for Social Security and certainly not back in the money is spent. ANALYSIS OF BUDGET REQUESTS FOR AGENCIES UNDER CONGRESSMAN McINTOSH’S OVERSIGHT1 [Budget Authority in millions2]

Fiscal year Fiscal year Percent Department/Independent Agency Fiscal year 1998 budget 1999 budget change fiscal 1997 actual estimate request year 1998–99

USDA ...... 60,876 55,859 57,435 2.8 DOD/Army Corps of Engineers ...... 4,157 4,098 3,258 20.5 DOC ...... 3,759 4,149 4,955 19.4 DOE ...... 14,082 14,458 16,063 11.1 DOI ...... 7,411 7,926 7,867 ¥0.7 DOT (including Surface Transportation Board) ...... 40,208 42,058 42,610 1.3 DOT/Surface Transportation Board ...... 12 14 ...... Treasury ...... 380,179 389,289 401,037 3.0 ARC ...... 160 170 67 ¥60.6 CEA/EOP ...... 3 4 4 0 CEQ/EOP ...... 2 3 3 0 CFTC ...... 55 58 63 8.6 CPSC ...... 42 45 46 2.2 EPA ...... 6,478 7,176 7,787 8.5 Export-Import Bank of the US ...... 758 696 825 18.5 FDIC ...... ¥26 ¥44 ¥51 ¥15.9 FTC ...... 26 24 27 12.5 NCUA ...... 1 1 ...... ¥100.0 NTSB ...... 79 49 48 2.0 NRC ...... 18 19 22 15.8 OPIC/ICDA ...... ¥112 ¥175 ¥176 ¥0.6 SEC ...... ¥62 ¥50 ¥5 90.0 SBA ...... 838 186 680 265.6 TVA ...... ¥291 ¥841 ¥946 ¥12.5 USITC ...... 41 41 46 12.2 U.S. Trade & Development Agency ...... 54 42 50 19.0 USTR/EOP ...... 21 23 25 8.7 Total 4 ...... 518,757 525,264 541,740 3.1 1 The Delaware River Basin Commission, Freddie Mac, the Susquehanna River Basin Commission, and the Thrift Depositor Protection Oversight Board are not included in the President’s Budget because they are classified as being pri- vate; the Federal Reserve System is not included in the President’s Budget because of its unique status in the conduct of monetary policy. 2 Source: Analytical Perspectives, Budget of the U.S. Government Fiscal Year 1999. 3 Treasury, USDA, and DOT account for 92.5% of the FY 99 budget request under Congressman McIntosh’s oversight. Thursday, February 12, 1998 Daily Digest Senate United States f.u.b.o. Kimberly Industries, Inc., et al. v. Chamber Action Trafalgar House Construction, Inc. et al. Pages S790±91 Routine Proceedings, pages S679–S794 National Sea Grant College Program Reauthor- Measures Introduced: Twenty-eight bills and five izations: Senate concurred in the amendment of the resolutions were introduced, as follows: S. House to S. 927, to reauthorize the Sea Grant Pro- 1635–1662, S. Res. 176–178, and S. Con. Res. 76 gram, clearing the measure for the President. and 77. Pages S730±31 Pages S726±27 Measures Reported: Reports were made as follows: Energy Policy and Conservation: Senate concurred S. 1248, to authorize the Secretary of Transpor- in the amendment of the House to the amendment tation to issue a certificate of documentation with of the Senate to H.R. 2472, to extend certain pro- appropriate endorsement for employment in the grams under the Energy Policy and Conservation coastwise trade for vessel SUMMER BREEZE. (S. Act, with the following amendment: Pages S728±29 Rept. No. 105–161) Coverdell (for Murkowski) Amendment No. 1645, S. 1272, to authorize the Secretary of Transpor- in the nature of a substitute. Pages S728±29 tation to issue a certificate of documentation with Senate insisted on its amendment and requested a appropriate endorsement for employment in the conference with the House thereon. Page S729 coastwise trade for the vessel ARCELLA. (S. Rept. Military Construction Appropriations—Veto No. 105–162) Message—Agreement: A unanimous-consent time- S. 1235, to authorize the Secretary of Transpor- agreement was reached providing for the consider- tation to issue a certificate of documentation with ation of the veto message to accompany H.R. 2631, appropriate endorsement for employment in the disapproving the cancellations transmitted by the coastwise trade for the vessel registered as State of President on October 6, 1997, regarding Public Law Oregon official number OR 766 YE. (S. Rept. No. 105–45, on Wednesday, February 25, 1998. 105–163) Page S727 S. Res. 148, designating 1998 as the ‘‘Onate Authority for Committees: Committees were au- Cuartocentenario’’, the 400th anniversary commemo- thorized to file executive and legislative reports dur- ration of the first permanent Spanish settlement in ing the adjournment of the Senate on Thursday, Feb- New Mexico, with an amendment in the nature of ruary 19, 1998, from 10 a.m. until 3 p.m., with an a substitute. Page S730 exception. Pages S727±28 Measures Passed: Nominations Confirmed: Senate confirmed the fol- Recognizing Vietnam POW’s: Senate agreed to S. lowing nominations: Res. 177, recognizing, and calling on all Americans Michael B. Thornton, of Virginia, to be a Judge to recognize, the courage and sacrifice of the mem- of the United States Tax Court for a term of fifteen bers of the Armed Forces held as prisoners of war years after he takes office. during the Vietnam conflict and stating that the Donald C. Lubick, of Maryland, to be an Assistant American people will not forget that more than Secretary of the Treasury. 2,000 members of the Armed Forces remain unac- L. Paige Marvel, of Maryland, to be a Judge of the counted for from the Vietnam conflict and will con- United States Tax Court for a term of fifteen years tinue to press for the fullest possible accounting for after she takes office. all such members whose whereabouts are unknown. Richard W. Fisher, of Texas, to be Deputy United Pages S716±19 States Trade Representative, with the rank of Am- Legal Counsel Representation: Senate agreed to bassador. Pages S725±26, S794 S. Res. 178, to authorize production of Senate docu- Nominations Received: Senate received the follow- ments and representation by Senate Legal Counsel in ing nominations: D89 D90 CONGRESSIONAL RECORD — DAILY DIGEST February 12, 1998 7 Navy nominations in the rank of admiral. Bruce Josten, U.S. Chamber of Commerce, and Shar- Routine list in the Air Force. Pages S793±94 on Buccino, Natural Resources Defense Council, Nominations Withdrawn: Senate received notifica- both of Washington, D.C.; and John Nicholson, tion of the withdrawal of the following nominations: Company Flowers, Arlington, Virginia. John H. Bingler, Jr., of Pennsylvania, to be NOMINATION United States District Judge for the Western Dis- Committee on Commerce, Science, and Transportation: trict of Pennsylvania, which was sent to the Senate Committee concluded hearings on the nomination of on July 31, 1997. Winter D. Horton Jr., of Utah, to be a Member of Lynne Lasry, of California, to be United States the Board of Directors of the Corporation for Public District Judge for the Southern District of Califor- Broadcasting, after the nominee, who was introduced nia, which was sent to the Senate on February 12, by Senator Bennett, testified and answered questions 1997. Pages S729, S794 in his own behalf. Messages From the House: Page S730 SATELLITE CARRIER FEES Executive Reports of Committees: Page S730 Committee on Commerce, Science, and Transportation: Statements on Introduced Bills: Pages S731±69 Committee concluded hearings on S. 1422, to pro- Additional Cosponsors: Pages S769±70 vide for a one-year delay in an increase in the copy- right fees satellite carriers pay for superstation and Amendments Submitted: Page S777 network affiliate signals delivered to satellite TV Notices of Hearings: Pages S777±78 households, after receiving testimony from Fritz Authority for Committees: Page S778 Attaway, Motion Picture Association of America, and Gene Kimmelman, Consumers Union, both of Additional Statements: Pages S778±90 Washington, D.C.; Eddy W. Hartenstein, DirecTV, Adjournment: Senate convened at 9:30 a.m., and Inc., El Segundo, California; and Larry Wetsit, adjourned at 5:31 p.m., until 10 a.m., on Friday, Nemont Telephone Cooperative, Inc./Nemont Com- February 13, 1998, for a pro forma session. munications, Inc., Scobey, Montana. Committee Meetings AIRPORT IMPROVEMENT PROGRAM Committee on Commerce, Science, and Transportation: Sub- (Committees not listed did not meet) committee on Aviation concluded hearings on pro- posed legislation authorizing funds for the Airport AUTHORIZATION—DEFENSE Improvement Program, after receiving testimony Committee on Armed Services: Committee resumed hear- from Todd Hauptli, American Association of Airport ings on proposed legislation authorizing funds for Executives, Alexandria, Virginia; David Plavin, Air- fiscal year 1999 for the Department of Defense and ports Council International-North America, and Ed- the future years defense program, focusing on Air ward A. Merlis, Air Transport Association of Amer- Force programs, receiving testimony from F. Whit- ica, both of Washington, D.C.; Robert Kunkel, Na- ten Peters, Acting Secretary of the Air Force; and tional Association of State Aviation Officials, Silver Gen. Michael E. Ryan, USAF, Chief of Staff of the Spring, Maryland; and David Roberts, BAA Indian- Air Force. apolis, Indianapolis, Indiana. Committee recessed subject to call. PUBLIC LANDS/NATIONAL MONUMENTS UNFUNDED MANDATES Committee on Energy and Natural Resources: Sub- Committee on the Budget: Committee concluded hear- committee on National Parks, Historic Preservation, ings on the implementation of the Unfunded Man- and Recreation concluded hearings on S. 62, to pro- dates Reform Act (P.L. 104–4), and on S. 389 and hibit further extension or establishment of any na- provisions of H.R. 1010, measures to establish a tional monument in Idaho without full public par- point of order against congressional consideration of ticipation and an express Act of Congress, S. 477, to bills that contain private-sector mandates with costs require an Act of Congress and the consultation with over the $100 million threshold, regardless of the Governor and State legislature prior to the estab- whether federal funding is provided, and to direct lishment by the President of national monuments in the Congressional Budget Office to provide expanded excess of 5,000 acres, S. 691, to ensure that the pub- cost information for private-sector mandates above lic and the Congress have the right and opportunity the threshold, after receiving testimony from Rep- to participate in decisions that affect the use and resentatives Condit and Portman; James L. Blum, management of all public lands, H.R. 901, to pre- Deputy Director, Congressional Budget Office; R. serve the sovereignty of the U.S. over public lands February 12, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D91 and acquired lands owned by the United States, and S. Res. 148, designating 1998 as the ‘‘Onate to preserve State sovereignty and private property Cuartocentenario’’, the 400th anniversary commemo- rights in non-Federal lands surrounding those public ration of the first permanent Spanish settlement in lands and acquired lands, and H.R. 1127, to provide New Mexico, with an amendment in the nature of for congressional review of national monument status a substitute. and consultation, after receiving testimony from AUTHORIZATION—EDUCATION OF THE John D. Leshy, Solicitor, Department of the Interior; DEAF ACT Rafe Pomerance, Deputy Assistant Secretary of State for Oceans and International Environmental and Sci- Committee on Labor and Human Resources: Committee entific Affairs; William Perry Pendley, Mountain concluded hearings on proposed legislation authoriz- States Legal Foundation, and John F. Shepherd, Hol- ing funds for Gallaudet University and the National land and Hart, both of Denver, Colorado; and Ed- Technical Institute for the Deaf as contained in the ward M. Norton, National Trust for Historic Preser- Education of the Deaf Act, after receiving testimony vation, and Theodore Roosevelt, IV, Lehman Broth- from Judith E. Heumann, Assistant Secretary of ers, on behalf of the National Parks and Conserva- Education for Special Education and Rehabilitative tion Association, both of Washington, D.C. Services; I. King Jordan, Gallaudet University, Rob- ert R. Da Vila, National Technical Institute for the ASIAN FINANCIAL CRISIS Deaf, Sarah E. Snyder, Alexander Graham Bell Asso- Committee on Foreign Relations: Committee held hear- ciation for the Deaf, and Nancy J. Bloch, National ings to examine the International Monetary Fund’s Association of the Deaf, all of Washington, D.C.; role in the Asia financial crisis, receiving testimony Megan Clancy, Boston, Massachusetts; Mollie Easter, from Robert E. Rubin, Secretary, and Lawrence H. Algona, Iowa; Rebecca Ellis, Putney, Vermont, Summers, Deputy Secretary, both of the Department Meghan Rainone, Marlton, New Jersey; Matthew of the Treasury; and Alan Greenspan, Chairman, Hamill, Loveland, Ohio; and Kathryn Hoheusle, Board of Governors of the Federal Reserve System. Bethel, New York. Hearings were recessed subject to call. IRS REFORM: TAXPAYER RIGHTS DISTRICT OF COLUMBIA ADOPTION Committee on Small Business: Committee held hearings REFORM on proposals to restructure and reform the Internal Revenue Service and improve taxpayer rights, includ- Committee on Governmental Affairs: Subcommittee on ing the proposed Putting the Taxpayer First Act of Oversight of Government Management, Restructur- 1998, receiving testimony from C. Virginia Kirk- ing, and the District of Columbia concluded hear- patrick, CVK Personnel Management and Training ings to examine certain recommendations to reform Specialists, and Edith B. Quick, Quick Tax and Ac- the adoption and foster care system in the District counting Service, both of St. Louis, Missouri; Ron of Columbia, after receiving testimony from Rep- Morgan, Husch and Eppenberger, Kansas City, Mis- resentative Camp; Rochelle Chronister, Kansas De- souri; Roger N. Harris, Padgett Business Services, partment of Social and Rehabilitation Services, To- Athens, Georgia; Jack Doll, Marjon, Inc., Frederick, peka; and Ernestine F. Jones, District of Columbia Maryland, on behalf of the National Federation of Child and Family Services, Judith Meltzer, Center Independent Business; and Nancy Workman, Work- for the Study of Social Policy, Thomas Wells, Con- man Construction Company, and Elizabeth A. Niel- sortium for Child Welfare, Debora D. Caruth, and son, Nielson & Associates, both of Salt Lake City, Gordon Henry Gosselink, all of Washington, D.C. Utah. BUSINESS MEETING Hearings were recessed subject to call. Committee on the Judiciary: Committee ordered favor- TOBACCO SETTLEMENT: NATIVE ably reported the following business items: AMERICAN PROVISIONS The nominations of Jeremy D. Fogel, to be Committee on Indian Affairs: Committee concluded United States District Judge for the Northern Dis- hearings on proposed tobacco settlement provisions trict of California, Edward F. Shea, to be United with regard to tobacco-related activities on Indian States District Judge for the Eastern District of lands as contained in S. 1414 and S. 1530 (both Washington, Richard L. Young, to be United States pending on Senate calendar), and S. 1415, bills to District Judge for the Southern District of Indiana, reform and restructure the process by which tobacco Beverly Baldwin Martin, to be United States Attor- products are manufactured, marketed, and distrib- ney for the Middle District of Georgia, and Hiram uted, to prevent the use of tobacco products by mi- Arthur Contreras, to be United States Marshal for nors, and to redress the adverse health effects of to- the Southern District of Texas; and bacco use, after receiving testimony from W. Craig D92 CONGRESSIONAL RECORD — DAILY DIGEST February 12, 1998 Vanderwagen, Director, Clinical and Preventive Serv- Tribe of Nebraska, Macy; Mark Hutton, Hutton & ices, Office of Public Health, Indian Health Service, Hutton, Wichita, Kansas, on behalf of the Lower Department of Health and Human Services; Thomas Brule Sioux Tribe; Alex Tallchief Skibine, University LeClaire, Director, Office of Tribal Justice, Depart- of Utah College of Law, Salt Lake City; and Franklin ment of Justice; Washington State Attorney General Ducheneaux, Ducheneaux, Taylor & Associates, Christine Gregoire, Olympia; Colorado Attorney Washington, D.C. General Gale Norton, Denver; Gary Lasley, Omaha h House of Representatives Forces held as prisoners of war during the Vietnam Chamber Action conflict. Pages H477±84 Bills Introduced: 40 public bills, H.R. 3205–3244; George Washington’s Birthday Observance: 1 private bill, H.R. 3245; and 10 resolutions, H. Agreed that it be in order for the Speaker to appoint Con. Res. 218–222 and H. Res. 360–364, were in- two members of the House, one upon the rec- troduced. Pages H495±97 ommendation of the Minority Leader, to represent Reports Filed: No reports were filed today. the House of Representatives at appropriate cere- Guest Chaplain: The prayer was offered by the monies for the observance of George Washington’s guest Chaplain, the Reverend Dr. Donald F. Chris- birthday to be held on Monday, February 23, 1998. Page H485 tian of Fairfax, Virginia. Page H449 Calendar Wednesday: Agreed that the business in Journal: By a yea and nay vote of 353 yeas to 43 order under the Calendar Wednesday rule be dis- nays with 1 voting ‘‘present’’, Roll No. 14, the pensed with on Wednesday, February 25, 1998. House agreed to the Speaker’s approval of the Jour- Page H485 nal of Wednesday, February 11. Pages H449±50 Resignations—Appointments: Agreed that not- Dismissing Election Contest: The House agreed to withstanding any adjournment of the House until H. Res. 355, dismissing the election contest against Tuesday, February 24, 1998, the Speaker, Majority Loretta Sanchez by a yea and nay vote of 378 yeas Leader and Minority Leader be authorized to accept to 33 nays, Roll No. 16. Pages H453±64 resignations and to make appointments authorized By a yea and nay vote of 194 yeas to 215 nays, by law or by the House. Page H485 Roll No. 15, rejected the Hoyer motion to recommit the bill to the Committee on House Oversight with Recess: The House recessed at 3:40 and reconvened instructions to report it back to the House forthwith at 5:05 p.m. Page H490 with an amendment to strike the preamble. Quorum Calls—Votes: Four yea and nay votes de- Pages H463±64 veloped during the proceedings of the House today and appear on pages H449–50, H463–64, H464, Suspension Failed—Voter Eligibility Verification and H477. There were no quorum calls. Act: By a yea and nay vote of 210 yeas to 200 nays (with two-thirds required for passage), Roll No. 17, Adjournment: Met at 10:00 a.m. and pursuant to the House failed to suspend the rules and pass H.R. H. Con. Res. 201, adjourned at 5:35 p.m. until 1428, amended, to amend the Immigration and Na- 12:30 p.m. on Tuesday, February 24 for Morning tionality Act to establish a system through which Hour Debates. the Commissioner of Social Security and the Attor- ney General respond to inquiries made by election Committee Meetings officials concerning the citizenship of voting registra- AGRICULTURE, RURAL DEVELOPMENT, tion applicants and to amend the Social Security Act FDA, AND RELATED AGENCIES to permit States to require individuals registering to APPROPRIATIONS vote in elections to provide the individual’s Social Committee on Appropriations: Subcommittee on Agri- Security number. Pages H464±77 culture, Rural Development, Food and Drug Admin- Recognizing POWs During Vietnam Conflict: istration, and Related Agencies held a hearing on the The House agreed to H. Res. 360, recognizing the Secretary of Agriculture. Testimony was heard from courage and sacrifice of the members of the Armed Dan Glickman, Secretary of Agriculture. February 12, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D93 LABOR-HHS-EDUCATION NAZI GOLD; COMMITTEE BUSINESS APPROPRIATIONS Committee on Banking and Financial Services: Held a Committee on Appropriations: Subcommittee on Labor, hearing on the restitution of art objects seized by the Health and Human Services, and Education held a Nazi from Holocaust victims and on insurance hearing on the Secretary of Labor. Testimony was claims of certain Holocaust victims and their heirs. heard from Alexis M. Herman, Secretary of Labor. Testimony was heard from Senators D’Amato, Spec- ter and Torricelli; Representatives Foley and Engel; LEGISLATIVE APPROPRIATIONS Stephen E. Weil, Emeritus Senior Scholar, Smithso- Committee on Appropriations: Subcommittee on Legisla- nian Institution; and public witnesses. tive held a hearing on the Joint Committee on The Committee also considered pending Commit- Printing. Testimony was heard from Representative tee business. Ney. CLONING—LEGAL, MEDICAL, ETHICAL, The Subcommittee also continued appropriation AND SOCIAL ISSUES hearings. Testimony was heard from Members of Committee on Commerce: Subcommittee on Health and Congress and public witnesses. Environment held a hearing on Cloning: Legal, Med- MILITARY CONSTRUCTION ical, Ethical, and Social Issues. Testimony was heard APPROPRIATIONS from Senator Frist; Representative Ehlers; and public witnesses. Committee on Appropriations: Subcommittee on Mili- tary Construction held an Overview hearing. Testi- MOLTEN METAL TECHNOLOGY FUNDING mony was heard from William J. Lynn, III, Under Committee on Commerce: Subcommittee on Oversight Secretary (Comptroller), Department of Defense. and Investigations held a hearing on the Department of Energy’s Funding of Molten Metal Technology. NATIONAL SECURITY APPROPRIATIONS Testimony was heard from public witnesses. Committee on Appropriations: Subcommittee on Na- CONTRACT AGREEMENTS—OVERSIGHT tional Security held a hearing on Medical Programs. INVESTIGATION—TEAMSTERS ELECTION Testimony was heard from Edward D. Martin, M.D., Acting Secretary, Health Affairs, Department of De- Committee on Education and the Workforce: Approved fense. Contract Agreements with those providing services to the Committee in relation to the oversight inves- TRANSPORTATION APPROPRIATIONS tigation of the International Brotherhood of Team- sters election. Committee on Appropriations: Subcommittee on Trans- portation held a hearing on the Office of Inspector MISCELLANEOUS MEASURES; PATIENT General. Testimony was heard from Kenneth Meade, ACCESS ALTERNATIVE TREATMENTS; Inspector General, Department of Transportation; COMMITTEE BUSINESS and John Anderson, Director, Transportation Issues, Committee on Government Reform and Oversight: Ordered Resources, Community and Economic Development reported the following measures: Division, GAO. H.R. 3120, amended, to designate the United States Post Office located at 95 West 100 South VA-HUD-INDEPENDENT AGENCIES Street in Provo, Utah, as the ‘‘Howard C. Nielson APPROPRIATIONS Post Office Building’’; H.R. 2766, to designate the Committee on Appropriations: Subcommittee on VA, United States Post Office located at 215 East Jack- HUD, and Independent Agencies held a hearing on son Street in Painsville, Ohio, as the ‘‘Karl Bernal the following: Chemical Safety and Hazard Inves- Post Office Building’’; H.R. 2773, to designate the tigation Board; DOD-Civil, Cemeterial Expenses, facility of the United States Postal Service located at Army and on the Council on Environmental Quality. 3750 North Kedzie Avenue in Chicago, Illinois, as Testimony was heard from Paul Hill, Jr., Chair and the ‘‘Daniel J. Doffyn Post Office Building’’; H.R. CEO, Chemical Safety and Hazard Investigation 2836, to designate the building of the United States Board; the following officials of Arlington National Postal Service located at 180 East Kellogg Boulevard Cemetery: John Metzler, Superintendent; Rory in Saint Paul, Minnesota, as the ‘‘Eugene J. McCar- Smith, Budget Office; Claudia Tornblom, Acting thy Post Office Building’’; S. 916, to designate the Deputy Assistant Secretary, Management and Budg- United States Post Office building located at 750 et; John Zirschky, Acting Assistant Secretary, Civil Highway 28 East in Taylorsville, Mississippi, as the Works, Department of the Army; and Kathleen ‘‘Blaine H. Easton Post Office Building’’; and S. McGinty, Chair, Council on Environmental Quality. 985, to designate the post office located at 194 D94 CONGRESSIONAL RECORD — DAILY DIGEST February 12, 1998 Ward Street in Paterson, New Jersey, as the Larry MISCELLANEOUS MEASURES Coby Post Office’’. Committee on International Relations: Subcommittee on The Committee concluded hearings on Patient International Operations and Human Rights ap- Access to Alternative Treatments: Beyond the FDA. proved for full Committee action the following Testimony was heard from Representatives DeFazio measures: H.R. 2678, amended, International Child and Moran of Virginia; Ed Gochenour, Senator, State Labor Elimination Act of 1997; and S. Con. Res. 37, of Georgia; and public witnesses. expressing the sense of Congress that Little League The Committee also considered pending commit- Baseball Inc. was established to support and develop tee business. Little League baseball worldwide and should be enti- MISCELLANEOUS MEASURES tled to all of the benefits and privileges available to Committee on Government Reform and Oversight: Sub- nongovernmental international organizations. committee on Government Management, Informa- MISCELLANEOUS MEASURES tion, and Technology approved for full Committee action amended H.R. 2982, Quality Child Care for Committee on the Judiciary: Subcommittee on Com- Federal Employees. mercial and Administrative Law held a hearing on Prior to this action, the Subcommittee concluded the following bills: H.R. 2604, Religious Liberty hearings on this legislation. Testimony was heard and Charitable Donation Protection Act of 1997; from Representative Gilman. and H.R. 2611, Religious Fairness in Bankruptcy The Subcommittee also held a hearing on H.R. Act of 1997. Testimony was heard from Senator 2883, Government Performance and Results Act Grassley; Representatives Chenoweth and Packard; Technical Amendments of 1997. Testimony was and public witnesses. heard from J. Christopher Mihm, Assistant Director, MISCELLANEOUS MEASURES; OVERSIGHT— Federal Management and Workforce Issues, General INTERNET DOMAIN Government Division, GAO; G. Edward DeSeve, Committee on the Judiciary: Subcommittee on Courts Acting Deputy Director, OMB; and public wit- and Intellectual Property held a hearing on the fol- nesses. lowing bills: H.R. 2652, Collections of Information OVERSIGHT—PENSION SECURITY Antipiracy Act; and H.R. 3163, Trade Dress Protec- Committee on Government Reform: Subcommittee on tion Act; and an oversight hearing on Internet Do- Human Resources held an oversight hearing on Pen- main Name Trademark Protection. Testimony was sion Security: DOL Erisa Enforcement and the Lim- heard from public witnesses. ited Scope Audit Exemption. Testimony was heard U.S. NATIONAL SECURITY THREATS from the following officials of the Department of Labor: Olena Berg, Assistant Secretary, Pension and Committee on National Security: Held a hearing on Welfare Benefits Administration; and Patricia Dal- Threats to United States National Security. Testi- ton, Deputy Inspector General; David L. Clark, Di- mony was heard from the following former Directors rector, Audit Oversight and Liaison, GAO; and pub- of the CIA: James Woolsey; and John Deutch. lic witnesses. MISCELLANEOUS MEASURES INTERNATIONAL AFFAIRS BUDGET Committee on Resources: Subcommittee on Fisheries Committee on International Relations: Held a hearing on Conservation, Wildlife and Oceans approved for full the Administration’s Fiscal Year 1999 International Committee action the following bills: H.R. 2807, Affairs Budget request. Testimony was heard from amended, Rhino and Tiger Product Labeling Act; Madeleine K. Albright, Secretary of State. H.R. 3113, Rhinoceros and Tiger Conservation Re- authorization Act of 1998; and H.R. 3164, amend- SRI LANKA ANNIVERSARY; CENTRAL ed, Hydrographic Services Improvement Act of ASIAN REPUBLICS—U.S. INTERESTS 1998. Committee on International Relations: Subcommittee on Asia and the Pacific approved for full Committee ac- OVERSIGHT—TUCSON ROD AND GUN tion H. Res. 350, congratulating the people of Sri CLUB Lanka on the occasion of the fiftieth anniversary of Committee on Resources: Subcommittee on Forests and their nation’s independence. Forest Health held an oversight hearing on Tucson The Subcommittee also held a hearing on U.S. In- Rod and Gun Club, Arizona. Testimony was heard terests in the Central Asian Republics. Testimony from the following officials of the Forest Service, was heard from Robert W. Gee, Assistant Secretary, USDA: Michael Dombeck, Chief, and Robert Joslin, Policy, Department of Energy; and public witnesses. Chief, National Forest Systems; and public witnesses. February 12, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D95 ROAD FROM KYOTO REDUCE FEDERAL TAX BURDEN Committee on Science: Continued hearings on the Road Committee on Ways and Means: Concluded hearings on from Kyoto Part 2: Kyoto and the Administration’s ways to reduce the Federal tax burden on the Amer- Fiscal Year 1999 Budget request. Testimony was ican public. Testimony was heard from Representa- heard from John H. Gibbons, Assistant to the Presi- tives Hulshof and Kucinich; and public witnesses. dent for Science and Technology and Director, Office of Science and Technology Policy; Ernest J. Moniz, AGRICULTURE TRADE BARRIERS Under Secretary, Department of Energy; David M. Committee on Ways and Means: Subcommittee on Gardiner, Assistant Administrator, Policy, Planning Trade held hearing on U.S. efforts to reduce barriers and Evaluation, EPA; and Gary R. Bachula, Acting to trade in agriculture. Testimony was heard from Under Secretary, Technology, Department of Com- Representative Thurman; Gus Schumacher, Under merce. Secretary, Farm and Foreign Agricultural Services, SPACE TRANSPORTATION TECHNOLOGY USDA; Peter L. Scher, Special Trade Negotiator, Of- fice of the U.S. Trade Representative; and public Committee on Science: Subcommittee on Space and Aer- witnesses. onautics held a hearing on Aeronautics and Space Transportation Technology. Testimony was heard f from the following officials of NASA: Richard S. NEW PUBLIC LAWS Christiansen, Acting Associate Administrator, Aero- nautics and Advanced Space Transportation Tech- (For last listing of Public Laws, see DAILY DIGEST, p. D73) nology; and Gary E. Payton, Deputy Associate Ad- H.R. 1271, to authorize the Federal Aviation Ad- ministrator (Space Transportation Technology); and a ministration’s research, engineering, and develop- public witness. ment programs for fiscal years 1998 and 1999. Signed February 11, 1998. (P.L. 105–155) REGULATORY FLEXIBILITY ACT H.R. 3042, to amend the Morris K. Udall Schol- COMPLIANCE arship and Excellence in National Environmental and Committee on Small Business: Held a hearing to exam- Native American Public Policy Act of 1992 to es- ine Federal Agency compliance with section 610 of tablish the United States Institute for Environmental the Regulatory Flexibility Act. Testimony was heard Conflict Resolution to conduct environmental con- from L. Nye Stevens, Director, Federal Management flict resolution and training. Signed February 11, and Workforce Issues, GAO; Enrique Figueroa, Ad- 1998. (P.L. 105–156) ministrator, Agricultural Marketing Service, USDA; S. 1349, to authorize the Secretary of Transpor- Nancy E. McFadden, General Counsel, Department tation to issue a certificate of documentation with of Transportation; Debra A. Valentine, General appropriate endorsement for employment in the Counsel, FTC; and a public witness. coastwise trade for the vessel PRINCE NOVA. Signed February 11, 1998. (P.L. 105–157) VA BUDGET f Committee on Veterans’ Affairs: Held a hearing on the Department of Veterans Affairs budget request for COMMITTEE MEETINGS FOR FRIDAY, FY 1999. Testimony was heard from Frank Q. FEBRUARY 13, 1998 Nebeker, Chief Judge, U.S. Court of Veterans Ap- Senate peals; Espiridion Borrego, Assistant Secretary, Veter- No committee meetings are scheduled. ans’ Employment and Training Service, Department of Labor; representatives of veterans organizations; House and a public witness. No committee meetings are scheduled. D96 CONGRESSIONAL RECORD — DAILY DIGEST February 12, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, February 13 12:30 p.m., Tuesday, February 24

Senate Chamber House Chamber Program for Friday: Senate will meet in pro forma ses- Program for Tuesday: To be announced. sion.

Extensions of Remarks, as inserted in this issue

HOUSE Kaptur, Marcy, Ohio, E180 Rohrabacher, Dana, Calif., E179 Kind, Ron, Wisc., E172 Romero-Barcelo´ , Carlos A., Puerto Rico, E177 Baesler, Scotty, Ky., E169, E172 Klink, Ron, Pa., E176 Ros-Lehtinen, Ileana, Fla., E185 Barcia, James A., Mich., E181 Klug, Scott L., Wisc., E187 Rothman, Steve R., N.J., E167 Bonior, David E., Mich., E175 Lampson, Nick, Tex., E167 Saxton, Jim, N.J., E173 Brown, Sherrod, Ohio, E178 Lantos, Tom, Calif., E166, E168 Schaffer, Bob, Colo., E159, E161, E165 Chambliss, Saxby, Ga., E173 Levin, Sander M., Mich., E159, E161, E165 Sensenbrenner, F. James, Jr., Wisc., E174, E187 Clyburn, James E., S.C., E167 Lewis, Jerry, Calif., E166, E168 Sessions, Pete, Tex., E183 Coble, Howard, N.C., E160, E162 Lowey, Nita M., N.Y., E175 Shaw, E. Clay, Jr., Fla., E168 Cook, Merrill, Utah, E177 McHale, Paul, Pa., E161 Shimkus, John, Ill., E159 Costello, Jerry F., Ill., E182 McIntosh, David M., Ind., E189 Shuster, Bud, Pa., E174 Coyne, William J., Pa., E185 McKeon, Howard P. ‘‘Buck’’, Calif., E170 Solomon, Gerald B.H., N.Y., E181 DeGette, Diana, Colo., E169 Manzullo, Donald A., Ill., E179 Stokes, Louis, Ohio, E180 DeLay, Tom, Tex., E188 Menendez, Robert, N.J., E178 Taylor, Charles H., N.C., E178 Doolittle, John T., Calif., E166 Miller, George, Calif., E161, E170 Thomas, William M., Calif., E159, E162 Gonzalez, Henry B., Tex., E173 Myrick, Sue, N.C., E185 Tierney, John F., Mass., E174 Goodlatte, Bob, Va., E161, E165 Pallone, Frank, Jr., N.J., E177 Torres, Esteban Edward, Calif., E175 Goodling, William F., Pa., E188 Pappas, Michael, N.J., E174 Underwood, Robert A., Guam, E188 Hamilton, Lee H., Ind., E182 Pelosi, Nancy, Calif., E171 Weldon, Curt, Pa., E174 Hastert, J. Dennis, Ill., E172 Portman, Rob, Ohio, E175 Wolf, Frank R., Va., E178 Hinchey, Maurice D., N.Y., E180 Radanovich, George P., Calif., E176 Yates, Sidney R., Ill., E172 John, Christopher, La., E177 Rangel, Charles B., N.Y., E176 Jones, Walter B., Jr., N.C., E178 Rogers, Harold, Ky., E184

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