HOUSE of REPRESENTATIVES—Monday, February 8, 1999

1976 CONGRESSIONAL RECORD—HOUSE February 8, 1999 HOUSE OF REPRESENTATIVES—Monday, February 8, 1999

The House met at 2 p.m. (Mr. BIDEN) as Vice Chairman of the Dimitri B. Papadimitriou, of New The Chaplain, Reverend James David Senate Delegation to the North Atlan- York; Ford, D.D., offered the following pray- tic Assembly during the One Hundred C. Richard D’Amato, of Maryland; er: Sixth Congress. and Let us pray using words of Psalm 46. The message also announced that Lester C. Thurow, of Massachusetts. God is our refuge and strength, a pursuant to sections 1928a–1928d of title The message also announced that very present help in trouble. 22, United States Code, as amended, the pursuant to Public Law 105–277, the Therefore we will not fear though the Chair, on behalf of the Vice President, Chair, on behalf of the Majority Lead- Earth should change, though the appoints the Senator from Delaware er, announces the appointment of mountains shake in the heart of the (Mr. ROTH) as Chairman of the Senate Manuel H. Johnson, of Virginia, to sea; though its waters roar and foam, Delegation to the North Atlantic As- serve as a member of the International though the mountains tremble with its sembly during the One Hundred Sixth Financial Institution Advisory Com- tumult. Congress. mission. Come behold the works of the Lord, The message also announced that The message also announced that how He has wrought desolations in the pursuant to sections 276h–276k, as pursuant to section 2761 of title 22, Earth. amended, the Chair, on behalf of the United States Code, the Chair, on be- He makes wars cease to the end of Vice President, appoints the Senator half of the President pro tempore, and the Earth; He breaks the bow, and from Connecticut (Mr. DODD) as Vice upon the recommendation of the Ma- shatters the spear; He burns the chari- Chairman of the Senate Delegation to jority Leader, appoints the Senator ots with fire. the Mexico-United States Inter- from Alaska (Mr. STEVENS) as Chair- Be still, and know that I am God. I parliamentary Group during the One man of the Senate Delegation to the am exalted among the nations. I am ex- Hundred Sixth Congress. British-American Interparliamentary alted in the Earth. The message also announced that Group during the One Hundred Sixth The Lord of hosts is with us; the God pursuant to Public Law 105–83, the Congress. of Jacob is our refuge. Amen. Chair, on behalf of the Majority Lead- The message also announced that f er, announces the appointment of the pursuant to Public Law 105–277, the Senator from Alabama (Mr. SESSIONS) Chair, on behalf of the Majority Lead- THE JOURNAL to serve as a member of the National er, announces the appointment of the The SPEAKER. The Chair has exam- Council on the Arts. following individuals to serve as mem- ined the Journal of the last day’s pro- The message also announced that bers of the Commission on Online Child ceedings and announces to the House pursuant to Public Law 105–277, the Protection: his approval thereof. Chair, on behalf of the Democratic Arthur Derosier, Jr., of Montana— Pursuant to clause 1, rule I, the Jour- Leader announces the appointment of Representative of academia with exper- nal stands approved. the following individuals to serve as tise in the field of technology; members of the National Commission Albert F. Gainer III, of Tennessee— f on Terrorism: Representative of a business providing PLEDGE OF ALLEGIANCE Richard Kevin Betts, of New Jersey; Internet filtering or blocking services The SPEAKER. Will the gentleman and or software; from Michigan (Mr. KNOLLENBERG) Maurice Sonnenberg, of New York. Donna Rice Hughes, of Virginia— come forward and lead the House in the The message also announced that Representative of a business making Pledge of Allegiance. pursuant to sections 276h–276k of title content available over the Internet; Mr. KNOLLENBERG led the Pledge 22, United States Code, as amended, the C. Bradley Keirens, of Colorado—Rep- of Allegiance as follows: Chair, on behalf of the Vice President, resentative of a business providing I pledge allegiance to the Flag of the appoints the Senator from Georgia (Mr. Internet access services; and United States of America, and to the Repub- COVERDELL) as the Chairman of the Karen L. Talbert, of Texas—Rep- lic for which it stands, one nation under God, Senate Delegation to the Mexico- resentative of a business providing la- indivisible, with liberty and justice for all. United States Interparliamentary beling or ratings services. f Group during the One Hundred Sixth The message also announced that Congress. pursuant to Public Law 105–277, the MESSAGE FROM THE SENATE The message also announced that Chair, on behalf of the Majority Lead- A message from the Senate by Mr. pursuant to Public Law 105–292, the er, announces the appointment of the Lundregan, one of its clerks, an- Chair, on behalf of the President pro following individuals to serve as mem- nounced that the Senate had passed a tempore, upon the recommendation of bers of the National Commission on concurrent resolution of the following the Democratic Leader, appoints The Terrorism: title, in which the concurrence of the Most Reverend Theodore E. McCarrick, Wayne A. Downing, of Colorado; House is requested: Archbishop of Newark, New Jersey, to Fred Ikle, of Maryland; and S. Con. Res. 6. Concurrent resolution au- the Commission on International Reli- John F. Lewis, of New York. thorizing flags located in the Capitol com- gious Freedom. The message also announced that plex to be flown at half-staff in memory of R. The message also announced that pursuant to Public Law 93–415, as Scott Bates, Legislative Clerk of the United pursuant to Public Law 105–277, the amended by Public Law 102–586, the States Senate. Chair, on behalf of the President pro Chair, on behalf of the Majority Lead- The message also announced that tempore, in consultation with the er, after consultation with the Demo- pursuant to sections 1928a–1928d of title Ranking Member of the Senate Com- cratic Leader, announces the appoint- 22, United States Code, as amended, the mittee on Finance, appoints the fol- ment of William Keith Oubre, of Mis- Chair, on behalf of the Vice President, lowing individuals to the Trade Deficit sissippi, to serve as member of the Co- appoints the Senator from Delaware Review Commission: ordinating Council on Juvenile Justice

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.

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR99\H08FE9.000 H08FE9 February 8, 1999 CONGRESSIONAL RECORD—HOUSE 1977 and Delinquency Prevention, vice Rob- Surprisingly, though, the North Ko- OFFICE OF THE CLERK, ert H. Maxwell, of Mississippi. rean launch of a Taepo Dong missile in HOUSE OF REPRESENTATIVES, The message also announced that August of last year was a wake-up call Washington DC, February 4, 1999. pursuant to Public Law 105–83, the for this administration and for Amer- Hon. J. DENNIS HASTERT, Chair, on behalf of the Democratic The Speaker, House of Representatives, ica as well, because portions of this Washington, DC. Leader, announces the appointment of missile landed off the coast of Alaska. DEAR MR. SPEAKER: Pursuant to the per- the Senator from Illinois (Mr. DURBIN) Mr. Speaker, the threat is here and it mission granted in Clause 5 of Rule III of the as a member of the National Council on must be countered. I applaud the dedi- Rules of the U.S. House of Representatives, I the Arts. cation of $6.6 billion in the administra- have the honor to transmit a sealed envelope The message also announced that received from the White House on February tion’s budget and the commitment to 4, 1999 at 12:30 p.m. and said to contain a pursuant to Public Law 105–244, the deploy viable National Missile Defense. Chair, on behalf of the Majority Leader message from the President whereby he sub- announces the appointment of the fol- I am proud to be a part of this effort mits the Economic Report of the President. and, based on my own experience in the With best wishes, I am lowing individuals to serve as members Sincerely, of the Web-Based Education Commis- Gulf War with these terror weapons, I will fight to ensure that no American JEFF TRANDAHL. sion: Patti S. Abraham, of Mississippi; f and George Bailey, of Montana. citizen will ever be confronted with a The message also announced that Taepo Dong missile or any other terror ECONOMIC REPORT OF THE PRESI- pursuant to sections 276d–276g of title missile. DENT—MESSAGE FROM THE 22, United States Code, as amended, the Mr. Speaker, with all the uncertain- PRESIDENT OF THE UNITED Chair, on behalf of the Vice President, ties in our world, for our children, for STATES (H. DOC. NO. 106–2) appoints the Senator from Alaska (Mr. our grandchildren, we must strengthen The SPEAKER pro tempore laid be- MURKOWSKI) as Chairman of the Senate our national security and protect our fore the House the following message Delegation to the Canada-United precious country. from the President of the United States Interparliamentary Group dur- I encourage all Members to help pro- States; which was read and, together ing the First Session of the One Hun- tect America. Let us pass H.R. 4, be- with the accompanying papers, without dred Sixth Congress. cause a national missile defense is objection, referred to the Joint Eco- The message also announced that something we cannot live without. nomic Committee and ordered to be pursuant to Public Law 105–277, the printed: Chair, on behalf of the Majority Lead- f er, announces the appointment of the To the Congress of the United States: following individuals to serve as mem- I am pleased to report that the Amer- IT IS TIME FOR AN ACROSS THE bers of the International Financial In- ican economy today is healthy and BOARD INCOME TAX CUT stitution Advisory Commission: strong. Our Nation is enjoying the Charles W. Calomiris, of New York; and (Mr. KNOLLENBERG asked and was longest peacetime economic expansion Edwin J. Feulner, Jr., of Virginia. given permission to address the House in its history, with almost 18 million The message also announced that for 1 minute and to revise and extend new jobs since 1993, wages rising at pursuant to Public Law 105–255, the his remarks.) twice the rate of inflation, the highest home ownership ever, the smallest wel- Chair, on behalf of the Majority Lead- Mr. KNOLLENBERG. Mr. Speaker, fare rolls in 30 years, and unemploy- er, announces the appointment of the on January 6, I introduced a bill to cut ment and inflation at their lowest lev- following individuals to serve as mem- Federal income taxes by 10 percent bers of the Commission on the Ad- els in three decades. across the board. This expansion, unlike recent pre- vancement of Women and Minorities in Taxes are at an all time high. When Science, Engineering and Technology vious ones, is both wide and deep. All State and local taxes are added to the income groups, from the richest to the Development: Judy L. Johnson, of Mis- Federal tax bite, the average American sissippi; and Elaine M. Mendoza, of poorest, have seen their incomes rise family ends up paying more in taxes since 1993. The typical family income is Texas. than it spends on housing, food and The message also announced that up more than $3,500, adjusted for infla- clothing combined. pursuant to Public Law 104–293, as tion. African-American and Hispanic amended by Public Law 105–277, the I believe that is outrageous. With the households, who were left behind dur- Chair, on behalf of the Majority Lead- Federal Government expected to run a ing the last expansion, have also seen er, announces the appointment of the surplus of $4.4 trillion over the next 15 substantial increases in income. following individuals to serve as mem- years, there is no excuse for taxing the Our Nation’s budget is balanced, for bers of the Commission to Assess the American people at a higher level than the first time in a generation, and we Organization of the Federal Govern- what was needed to win World War II. are entering the second year of an era ment to Combat the Proliferation of Mr. Speaker, it is time to cut taxes of surpluses: our projections show that Weapons of Mass Destruction: M.D.B. for every American. A 10 percent across we will close out the 1999 fiscal year Carlisle, of Washington, D.C.; and the board tax cut is the fairest and with a surplus of $79 billion, the largest Henry D. Sokolski, of Virginia. simplest way to provide the American in the history of the United States. We people with the tax relief that they de- are on course for budget surpluses for f serve. Instead of picking winners and many years to come. NORTH KOREA’S LAUNCH OF losers, this proposal benefits every These economic successes are not ac- TAEPO DONG MISSILE A WAKE- American who earns a paycheck. cidental. They are the result of an eco- UP CALL I urge my colleagues on both sides of nomic strategy that we have pursued (Mr. GIBBONS asked and was given the aisle to support this common sense since 1993. It is a strategy that rests on permission to address the House for 1 tax relief plan. three pillars: fiscal discipline, invest- minute and to revise and extend his re- ments in education and technology, marks.) f and expanding exports to the growing Mr. GIBBONS. Mr. Speaker, last year world market. Continuing with this I and many of my colleagues expressed proven strategy is the best way to COMMUNICATION FROM THE our concerns over the growing missile maintain our prosperity and meet the CLERK OF THE HOUSE threat to the United States. challenges of the 21st century. Chief among those concerns was the The SPEAKER pro tempore (Mr. THE ADMINISTRATION’S ECONOMIC AGENDA administration’s lack of resolve to de- NETHERCUTT) laid before the House the Our new economic strategy was root- ploy a National Missile Defense sys- following communication from the ed first and foremost in fiscal dis- tem. Clerk of the House of Representatives: cipline. We made hard fiscal choices in

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR99\H08FE9.000 H08FE9 1978 CONGRESSIONAL RECORD—HOUSE February 8, 1999 1993, sending signals to the market sequences for our Nation. We must school programs, and to build or fix that we were serious about dealing keep Social Security a rock-solid guar- 5,000 schools. with the budget deficits we had inher- antee. That is why I proposed in my At this time of continued turmoil in ited. The market responded by low- State of the Union address that we in- the international economy, we must do ering long-term interest rates. Lower vest the surplus to save Social Secu- more to help create stability and open interest rates in turn helped more peo- rity. I proposed that we commit 62 per- markets around the world. We must ple buy homes and borrow for college, cent of the budget surplus for the next press forward with open trade. It would helped more entrepreneurs to start 15 years to Social Security. I also pro- be a terrible mistake, at this time of businesses, and helped more existing posed investing a small portion in the economic fragility in so many regions, businesses to invest in new technology private sector. This will allow the trust for the United States to build new and equipment. America’s economic fund to earn a higher return and keep walls of protectionism that could set success has been fueled by the biggest Social Security sound until 2055. off a chain reaction around the world, boom in private sector investment in But we must aim higher. We should imperiling the growth upon which we decades—more than $1 trillion in cap- put Social Security on a sound footing depend. At the same time, we must do ital was freed for private sector invest- for the next 75 years. We should reduce more to make sure that working people ment. In past expansions, government poverty among elderly women, who are are lifted up by trade. We must do bought more and spent more to drive nearly twice as likely to be poor as more to ensure that spirited economic the economy. During this expansion, other seniors. And we should eliminate competition among nations never be- government spending as a share of the the limits on what seniors on Social comes a race to the bottom in the area economy has fallen. Security can earn. These changes will of environmental protections or labor The second part of our strategy has require difficult but fully achievable standards. been to invest in our people. A global choices over and above the dedication Strengthening the foundations of economy driven by information and of the surplus. trade means strengthening the archi- fast-paced technological change cre- Once we have saved Social Security, tecture of international finance. The ates ever greater demand for skilled we must fulfill our obligation to save United States must continue to lead in workers. That is why, even as we bal- and improve Medicare and invest in stabilizing the world financial system. anced the budget, we substantially in- long-term health care. That is why I When nations around the world descend creased our annual investment in edu- have called for broader, bipartisan re- into economic disruption, consigning cation and training. We have opened forms that keep Medicare secure until populations to poverty, it hurts them the doors of college to all Americans, 2020 through additional savings and and it hurts us. These nations are our with tax credits and more affordable modernizing the program with market- trading partners; they buy our prod- student loans, with more work-study oriented purchasing tools, while also ucts and can ship low-cost products to grants and more Pell grants, with edu- providing a long-overdue prescription American consumers. cation IRAs and the new HOPE Schol- drug benefit. The U.S. proposal for containing fi- arship tax credit that more than 5 mil- By saving the money we will need to nancial contagion has been taken up lion Americans will receive this year. save Social Security and Medicare, around the world: interest rates are Even as we closed the budget gap, we over the next 15 years we will achieve being cut here and abroad, America is have expanded the earned income tax the lowest ratio of publicly held debt meeting its obligations to the Inter- credit for almost 20 million low-income to gross domestic product since 1917. national Monetary Fund, and a new fa- working families, giving them hope This debt reduction will help keep fu- cility has been created at the World and helping lift them out of poverty. ture interest rates low or drive them Bank to strengthen the social safety Even as we cut government spending, even lower, fueling economic growth net in Asia. And agreement has been we have raised investments in a wel- well into the 21st century. reached to establish a new pre- fare-to-work jobs initiative and in- To spur future growth, we must also cautionary line of credit, so nations vested $24 billion in our children’s encourage private retirement saving. with strong economic policies can health initiative. In my State of the Union address I pro- quickly get the help they need before Third, to build the American econ- posed that we use about 12 percent of financial problems mushroom from omy, we have focused on opening for- the surplus to establish new Universal concerns to crises. eign markets and expanding exports to Savings Accounts—USA accounts. We must do more to renew our cities our trading partners around the world. These will ensure that all Americans and distressed rural areas. My Admin- Until recently, fully one-third of the have the means to save. Americans istration has pursued a new strategy, strong economic growth America has could receive a flat tax credit to con- based on empowerment and invest- enjoyed in the 1990s has come from ex- tribute to their USA accounts and ad- ment, and we have seen its success. ports. That trade has been aided by 270 ditional tax credits to match a portion With the critical assistance of Em- trade agreements we have signed in the of their savings—with more help for powerment Zones, unemployment rates past 6 years. lower income Americans. This is the in cities across the country have ADDRESSING OUR NATION’S ECONOMIC right way to provide tax relief to the dropped dramatically. But we have CHALLENGES American people. more work to do to bring the spark of We have created a strong, healthy, Education is also key to our Nation’s private enterprise to neighborhoods and truly global economy—an economy future prosperity. That is why I pro- that have too long been without hope. that is a leader for growth in the posed in my State of the Union address That is why my budget includes an in- world. But common sense, experience, a plan to create 21st-century schools novative ‘‘New Markets’’ initiative to and the example of our competitors through greater investment and more spur $15 billion in new private sector abroad show us that we cannot afford accountability. Under my plan, States capital investment in businesses in un- to be complacent. Now, at this moment and school districts that accept Fed- derserved areas through a package of of great plenty, is precisely the time to eral resources will be required to end tax credits and guarantees. face the challenges of the next century. social promotion, turn around or close GOING FORWARD TOGETHER IN THE 21ST We must maintain our fiscal dis- failing schools, support high-quality CENTURY cipline by saving Social Security for teachers, and promote innovation, Now, on the verge of another Amer- the 21st century—thereby laying the competition, and discipline. My plan ican Century, our economy is at the foundations for future economic also proposes increasing Federal in- pinnacle of power and success, but growth. vestments to help States and school challenges remain. Technology and By 2030, the number of elderly Ameri- districts take responsibility for failing trade and the spread of information cans will double. This is a seismic de- schools, to recruit and train new teach- have transformed our economy, offer- mographic shift with great con- ers, to expand after school and summer ing great opportunities but also posing

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR99\H08FE9.000 H08FE9 February 8, 1999 CONGRESSIONAL RECORD—HOUSE 1979 great challenges. All Americans must is general agreement that there has trol regimes established under Articles be equipped with the skills to succeed been considerable progress in the past II (confidence and security-building and prosper in the new economy. Amer- year. The basic institutions of the measures) and IV (arms reduction and ica must have the courage to move for- state, both political and economic, limitations) of Annex 1–B of the Day- ward and renew its ideas and institu- have been established. Key laws regard- ton Peace Accords are functioning. In tions to meet new challenges. There ing foreign investment, privatization, October 1997, BiH and the other parties are no limits to the world we can cre- and property are now in place. Free- were recognized as being in compliance ate, together, in the century to come. dom of movement across the country with the limitations on five major WILLIAM J. CLINTON. has substantially improved. Funda- types of armaments (battle tanks, ar- THE WHITE HOUSE, February 4, 1999. mental reform of the media is under- mored combat vehicles, artillery, combat aircraft, and attack helicopters) f way. Elections have demonstrated a continuing trend towards growing plu- set forth in the Article IV agreement, COMMUNICATION FROM THE ralism. Nevertheless, there is still which were derived from the Annex 1B CLERK OF THE HOUSE much to be done, in particular on 5:2:2 ratios for the FRY, Republic of The SPEAKER pro tempore laid be- interethnic tolerance and reconcili- Croatia, and BiH respectively. The par- fore the House the following commu- ation, the development of effective ties have since maintained armament nication from the Clerk of the House of common institutions with powers levels consistent with the limitations Representatives: clearly delineated from those of the and are expected to do so in the future. Entities, and an open and pluralistic A draft mandate for an Article V agree- OFFICE OF THE CLERK, ment (regional stability) has been ap- U.S. HOUSE OF REPRESENTATIVES, political life. The growth of organized Washington, DC, February 8, 1999. crime also represents a serious threat. proved; negotiations are due to begin Hon. J. DENNIS HASTERT, With specific reference to SFOR, the in early 1999. Military stability re- The Speaker, U.S. House of Representatives, Secretaries of State and Defense, in mains dependent on SFOR as a deter- Washington, DC. meetings in December 1998 with their rent force. DEAR MR. SPEAKER: Pursuant to the per- NATO counterparts, agreed that SFOR 2. Public Security and Law Enforce- mission granted in Clause 5 of Rule III of the continues to play an essential role in ment. Aim: A restructured and demo- Rules of the U.S. House of Representatives, I the maintenance of peace and stability cratic police force in both entities. have the honor to transmit a sealed envelope There has been considerable progress received from the White House on February and the provision of a secure environment in BiH, thus contributing signifi- to date on police reform due to sus- 5, 1999 at 3:50 p.m. and said to contain a mes- tained joint efforts of the International sage from the President whereby he submits cantly to progress in rebuilding BiH as Police Task Force (IPTF), Office of the a report on ongoing efforts to achieve sus- a single, democratic, and multiethnic High Representative (OHR), and SFOR, tainable peace in Bosnia and Herzegovina. state. At the same time, NATO agreed which have overcome a number of sig- With best wishes, I am that we do not intend to maintain nificant political obstacles. So far, ap- Sincerely, SFOR’s presence at current levels in- JEFF TRANDAHL. proximately 85 percent of the police in definitely, and in fact agreed on initial f the Federation have received IPTF-ap- reductions, which I will describe later proved training, as have approximately REPORT ON EFFORTS TO ACHIEVE in this report. Below is a benchmark- 35 percent of the police in the SUSTAINABLE PEACE IN BOSNIA by-benchmark evaluation of the state- Republika Srbska (RS). All sides con- AND HERZEGOVINA—MESSAGE of-play in BiH based on analysis of tinue to lag in the hiring of minority FROM THE PRESIDENT OF THE input from multiple sources. officers and, as the IPTF implements 1. Military Stability. Aim: Maintain UNITED STATES (H. DOC. NO. 106– its plans to address this problem, ten- Dayton cease-fire. Considerable 17) sions will increase in the short-term. progress has been made toward mili- SFOR often must support the IPTF in The SPEAKER pro tempore laid be- tary stabilization in BiH. Entity fore the House the following message the face of crime, public disorder, and Armed Forces (EAFs) are in compli- rogue police. Monoethnic police forces from the President of the United ance with Dayton, and there have been States; which was read and, together have often failed to facilitate minority no incidents affecting the cease-fire. returns. In these types of scenarios, with the accompanying papers, without EAFs remain substantially divided objection, referred to the Committee SFOR’s use of the Multinational Spe- along ethnic lines. Integration of the cialized Unit (MSU) has been a force on International Relations and ordered Federation Army does not reach down to be printed: multiplier, requiring fewer, but spe- to corps-level units and below. How- cially trained troops. At this point, To the Congress of the United States: ever, progress has been made through SFOR’s essential contribution to main- Pursuant to section 7 of Public Law the Train and Equip Program to inte- taining a secure environment, to in- 105–174, I am providing this report to grate the Ministry of Defense and to clude backing up IPTF in support of inform the Congress of ongoing efforts provide the Federation with a credible nascent civilian police forces, remains to achieve sustainable peace in Bosnia deterrent capability. Although it is un- critical to continued progress. and Herzegovina (BiH). This is the first likely to meet its target of full inte- 3. Judicial Reform. Aim: An effective semiannual report that evaluates gration by August 1999, the Federation judicial reform program. Several key progress in BiH against the ten bench- Ministry of Defense has begun staff steps forward were taken in 1998, such marks (‘‘aims’’) outlined in my certifi- planning for integration. The Bosnian as the signing of an MOU on Inter-En- cation to the Congress of March 3, 1998. Serb Army (VRS) continues its rela- tity Legal Assistance on May 20, 1998, NATO adopted these benchmarks on tionship with the Federal Republic of and establishment of an Inter-Entity May 28, 1998, as part of its approval of Yugoslavia (FRY) Army. Similarly, the Legal Commission on June 4, 1998. The the Stabilization Force (SFOR) mili- Bosnian Croat element of the Federa- Federation Parliament in July adopted tary operations plan (OPLAN 10407). tion Army maintains ties with Croatia. a new criminal code. Nevertheless, the The Steering Board of the Peace Imple- In both cases, however, limited re- judicial system still requires signifi- mentation Council (PIC) subsequently sources impinge on what either Croatia cant reform. Judges are still influenced adopted corresponding benchmarks in or the FRY can provide financially or by politics, and the system is finan- its Luxembourg Declaration of June 9, materially; the overall trend in support cially strapped and remains ethnically 1998. is downward. In some areas, the VRS biased. Execution of judgments, in par- NATO, the Office of the High Rep- continues to have certain qualitative ticular eviction of persons who ille- resentative (OHR) and my Administra- and quantitative advantages over the gally occupy dwellings, is especially tion have coordinated closely in evalu- Federation Army, but the Train and problematic. The progress made in the ating progress on Dayton implementa- Equip Program has helped narrow the area of commercial law is encouraging tion based on these benchmarks. There gap in some key areas. The arms con- for economic development prospects.

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR99\H08FE9.000 H08FE9 1980 CONGRESSIONAL RECORD—HOUSE February 8, 1999 4. Illegal Institutions, Organized Crime, has been a marked increase in freedom port in the apprehension of PIFWCs and Corruption. Aim: The dissolution of of movement, further enhanced by the and for ICTY exhumations. illegal pre-Dayton institutions. Corrup- uniform license plate law. SFOR’s con- In my report to the Congress dated tion remains a major challenge to tinued contribution to a secure envi- July 28, 1998, I emphasized the impor- building democratic institutions of ronment and facilitating freedom of tant role that realistic target dates, government. Structures for inde- movement is vital as economic reforms combined with concerted use of incen- pendent monitoring of government fi- begin to take hold. tives, leverage, and pressure on all par- nancial transactions are still not in 8. Displaced Person and Refugee ties, should play in maintaining the place. Shadow institutions still need to (DPRE) Returns. Aim: A functioning sense of urgency necessary to move be eliminated. The burden of creating phased and orderly minority return steadily toward an enduring peace. institutions to combat fraud and orga- process. While there have been some The December 1998 Peace Implemen- nized crime falls mostly to the inter- significant breakthroughs on DPRE re- tation Council Declaration and its national community and in particular turns to minority areas, such as Jajce, annex (attached) offer target dates for to the IPTF. SFOR contributes to the Stolac, Kotor Varos, Prijedor, Mostar, accomplishment of specific tasks by secure environment necessary for the and Travnik, the overall numbers have authorities in BiH. The PIC decisions success of other international efforts been low. In some areas where minor- formed the background against which to counter these illegal activities. ity DPREs have returned, interethnic NATO Defense Ministers reviewed the 5. Media Reform. Aim: Regulated, tensions rose quickly. Some nation- future of SFOR in their December 17 democratic, and independent media. alist political parties continue to ob- meeting. Failure by Bosnian authori- Approximately 80 percent television struct the return of minority DPREs to ties to act within the prescribed time- coverage has been achieved in BiH the areas they control. Poor living con- frames would be the point of departure through the international community’s ditions in some areas present little infor more forceful action by the OHR support for the Open Broadcasting Net- centive for DPREs to return. The Enti- and other elements of the international work (OBN), which is the first (and so ties are using DPREs to resettle re- community. Priorities for 1999 will in- far only) neutral source of news in BiH. gions (opstinas) that are of strategic clude: accelerating the transition to a Several television and radio networks interest to each ethnic faction. SFOR’s sustainable market economy; increas- have been restructured and are led by contribution to a secure environment ing the momentum on the return of new management boards. Most are in remains vital to OHR efforts to facili- refugees and displaced persons, par- compliance with Dayton except for tate minority returns. ticularly to minority areas; providing a some regional broadcasts. The Inde- 9. Brcko. Aim: A multiethnic admin- secure environment through the rule of pendent Media Commission assumed istration, DPRE returns, and secure en- law, including significant progress on responsibility for media monitoring vironment. Freedom of movement in judicial reform and further establish- from the OSCE on October 31, 1998. Brcko has improved dramatically. Citi- ment of multiethnic police; developing Progress has been significant, but BiH zens of BiH are increasingly confident and reinforcing the central institu- still has far to go to approach inter- in using their right to travel freely tions, including adoption of a perma- national standards. SFOR’s past ac- throughout the municipality and the nent election law, and the development tions in this area are a key deterrent region. Police and judicial elements of greater confidence and cooperation against illegal use of media assets to have been installed, but the goal of among the Entity defense establish- undermine Dayton implementation. multiethnicity in these elements still ments with the goal of their eventual 6. Elections and Democratic Govern- has not been realized. About 1,000 Fed- unification; and pressing ahead with ance. Aim: National democratic insti- eration families have returned to the media reform and education issues. tutions and practices. With the excep- parts of Brcko on the RS side of the In accordance with the NATO De- tion of the election of a nationalist to Inter-Entity Boundary Line, but few fense Ministers’ guidance in June 1998, the RS presidency, the September 1998 Serb displaced persons have left Brcko NATO is conducting a series of com- national elections continued the long- to return to their pre-war homes. prehensive reviews at no more than 6- term trend away from reliance on eth- SFOR support will be a critical deter- month intervals. The first of these re- nically based parties. The two major rent to the outbreak of violence during views was completed on November 16, Serb nationalist parties lost further the period surrounding the Arbitrator’s 1998, and recently endorsed by the ground and, once again, will be unable decision on Brcko’s status anticipated North Atlantic Council (NAC) Foreign to lead the RS government. Croat and for early in 1999. and Defense Ministers. In reviewing the Bosniak nationalist parties retained 10. Persons Indicted for War Crimes size and shape of SFOR against the control, but saw margins eroded sig- (PIFWCs). Aim: Cooperation with the benchmarks described above, the nificantly. In this regard, SFOR’s con- International Criminal Tribunal for United States and its allies concluded tinued presence will facilitate conduct the former Yugoslavia (ICTY) leading that at present, there be no changes in of the municipal elections scheduled to the transfer of PIFWCs to The SFOR’s mission. NATO recommended, for late 1999 but, as has been the case Hague for trial. Thanks to action by however, that steps begin immediately with every election since Dayton, the the Congress, the Secretary of State to streamline SFOR. The NAC Foreign trend of increasingly turning over re- now has the ability to offer rewards of and Defense Ministers endorsed this sponsibility for elections to the up to $5 million for information leading recommendation on December 8, 1998, Bosnians themselves will continue. to the arrest or conviction of PIFWCs. and December 17, 1998, respectively. 7. Economic Development. Aim: Free- Of the 81 people indicted publicly by The Defense Ministers also endorsed a market reforms. While the process of the Tribunal, only 29—36 percent—are report from the NATO Military Au- economic recovery and transformation still at large. The two highest-profile thorities (NMAs) authorizing further will take many years, some essential indictees, Karadzic and Mladic, are adjustments in SFOR force levels—in groundwork has been laid. Privatiza- among them. Bosnians are cooperating response to the evolving security situation legislation and enterprise laws with the ICTY, but the failure of the tion and support requirements—to be have been passed, and banking legisla- RS to support the ICTY is a major ob- completed by the end of March 1999. tion has been partially passed. Fiscal stacle to progress. Bosnian Croats have While the specifics of these adjust- revenues from taxes and customs have cooperated with respect to the sur- ments are still being worked, they increased significantly. Nevertheless, render of all but two public indictees, could amount to reductions of as much the fiscal and revenue system is in its but have not cooperated fully with re- as 10 percent from the 6,900 U.S. troops infancy. Implementation of privatiza- spect to the Tribunal’s orders that currently in SFOR. The 6,900 troop tion legislation is slow and the banking they turn over documents needed for level already represents a 20 percent re- sector is under-funded, but there are the fair trial of a number of indictees. duction from the 8,500 troops deployed signs of development in GDP. There SFOR continues to provide crucial sup- in June 1998 and is 66 percent less than

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR99\H08FE9.000 H08FE9 February 8, 1999 CONGRESSIONAL RECORD—HOUSE 1981 peak U.S. deployment of 20,000 troops The District of Columbia Courts have sidered at each meeting shall be made by the in 1996. submitted a FY 2000 Budget request for chairman subject to Clause 2(c) of House The NATO Defense Ministers on De- $131.6 million for its operating expendi- Rule XI. A regularly scheduled meeting need cember 17, 1998, further instructed tures and $17.4 million for courthouse not be held if there is no business to be considered. NMAs to examine options for possible renovation and improvements. My FY (b) If the chairman of the committee is not longer-term and more substantial ad- 2000 Budget includes recommended present at any meeting of the committee, or justments to the future size and struc- funding levels of $128.4 million for oper- at the discretion of the chairman, the vice ture of SFOR. Their report is due in ations and $9.0 million for capital im- chairman of the committee shall preside at early 1999 and will give the United provements for the District Courts. My the meeting. If the chairman and vice chair- States and its Allies the necessary in- transmittal of the District of Columbia man of the committee are not present at any formation on which to base decisions Courts’ budget request does not rep- meeting of the committee, the ranking member of the majority party who is present on SFOR’s future. We will address this resent an endorsement of its contents. shall preside at the meeting. issue in the NAC again at that time. I look forward to working with the RULE NO. 3.—OPEN MEETINGS Decisions on future reductions will be Congress throughout the FY 2000 ap- As required by Clause 2(g), of House Rule taken in the light of progress on imple- propriation process. XI, each meeting for the transaction of busi- mentation of the Peace Agreement. WILLIAM J. CLINTON. ness, including the markup of legislation, of Any and all reductions of U.S. forces in THE WHITE HOUSE, February 5, 1999. the committee, shall be open to the public the short or long term will be made in f except when the committee, in open session and with a quorum present, determines by accordance with my Administration’s RULES OF THE COMMITTEE ON policy that such reductions will not record vote that all or part of the remainder HOUSE ADMINISTRATION FOR of the meeting on that day shall be closed to jeopardize the safety of U.S. armed THE 106TH CONGRESS forces serving in BiH. the public because disclosure of matters to be considered would endanger national secu- My Administration values the Con- The SPEAKER pro tempore. Under a previous order of the House, the gen- rity, would compromise sensitive law en- gress’ substantial support for Dayton forcement information, or would tend to de- tleman from California (Mr. THOMAS) is implementation. I look forward to con- fame, degrade or incriminate any person, or tinuing to work with the Congress in recognized for 5 minutes. otherwise would violate any law or rule of pursuit of U.S. foreign policy goals in Mr. THOMAS. Mr. Speaker, I am submitting the House: Provided, however, that no person Bosnia and Herzegovina. the attached Committee on House Administra- other than members of the committee, and WILLAM J. CLINTON. tion rules for the 106th Congress for publica- such congressional staff and such depart- THE WHITE HOUSE, February 4, 1999. tion in the CONGRESSIONAL RECORD pursuant mental representatives as they may authorize, shall be present in any business or mark- f to House Rule XI, Clause 2.(a)(2). These Rules were adopted by the Committee on up session which has been closed to the public. COMMUNICATION FROM THE February 3, 1999. RULE NO. 4.—RECORDS AND ROLLCALLS CLERK OF THE HOUSE COMMITTEE ON HOUSE ADMINISTRATION RULES (a) The result of each record vote in any OF PROCEDURE, ONE HUNDRED SIXTH CON- The SPEAKER pro tempore laid be- meeting of the committee shall be trans- GRESS fore the House the following commu- mitted for publication in the Congressional nication from the Clerk of the House of RULE NO. 1.—GENERAL PROVISIONS Record as soon as possible, but in no case Representatives: (a) The Rules of the House are the rules of later than two legislative days following the committee so far as applicable, except OFFICE OF THE CLERK, such record vote, and shall be made available that a motion to recess from day to day is a U.S. HOUSE OF REPRESENTATIVES, for inspection by the public at reasonable Washington, DC, February 8, 1999. privileged motion in committees. times at the committee offices, including a (b) The committee is authorized at any Hon. J. DENNIS HASTERT, description of the amendment, motion, order The Speaker, U.S. House of Representatives, time to conduct such investigations and or other proposition; the name of each mem- Washington, DC. studies as it may consider necessary or ap- ber voting for and against; and the members propriate in the exercise of its responsibil- DEAR MR. SPEAKER: Pursuant to the per- present but not voting. mission granted in Clause 5 of Rule III of the ities under House Rule X and (subject to the (b) All committee hearings, records, data, Rules of the U.S. House of Representatives, I adoption of expense resolutions as required charts, and files shall be kept separate and have the honor to transmit a sealed envelope by House Rule X, clause 6) to incur expenses distinct from the congressional office received from the White House on February (including travel expenses) in connection records of the member serving as chairman 5, 1999 at 3:50 p.m. and said to contain a mes- therewith. of the committee; and such records shall be sage from the President whereby he submits (c) The committee is authorized to have the property of the House and all members of a Budget Request for the District of Colum- printed and bound testimony and other data the House shall have access thereto. (c) House records of the committee which bia. presented at hearings held by the committee, are at the National Archives shall be made With best wishes, I am and to distribute such information by elec- available pursuant to House Rule VII. The Sincerely, tronic means. All costs of stenographic services and transcripts in connection with any chairman of the committee shall notify the JEFF TRANDAHL. meeting or hearing of the committee shall be ranking minority party member of any deci- f paid from the appropriate House account. sion to withhold a record pursuant to the DISTRICT OF COLUMBIA COURTS’ (d) The committee shall submit to the rule, and shall present the matter to the House, not later than January 2 of each odd- committee upon written request of any com- FISCAL YEAR 2000 BUDGET RE- numbered year, a report on the activities of mittee member. QUEST—MESSAGE FROM THE the committee under House Rules X and XI (d) To the maximum extent feasible, the PRESIDENT OF THE UNITED during the Congress ending at noon on Janu- Committee shall make its publications avail- STATES (H. DOC. NO. 106–18) ary 3 of such year. able in electronic form. (e) All committee resolutions and com- The SPEAKER pro tempore laid be- (e) The committee’s rules shall be published in the Congressional Record not later mittee motions (other than procedural mo- fore the House the following message than 30 days after the Committee is elected tions) adopted by the committee during a from the President of the United in odd-numbered year. Congress shall be numbered consecutively. States; which was read and, together RULE NO. 2.—REGULAR AND SPECIAL MEETINGS RULE NO. 5.—PROXIES with the accompanying papers, without (a) The regular meeting date of the Com- No vote by any member in the committee objection, referred to the Committee mittee on House Administration shall be the may be cast by proxy. on Appropriations and ordered to be second Wednesday of every month when the RULE NO. 6.—POWER TO SIT AND ACT; SUBPOENA printed: House is in session in accordance with Clause POWER To the Congress of the United States: 2(b) of House Rule XI. Additional meetings (a) For the purpose of carrying out any of may be called by the chairman as he may its functions and duties under House Rules X In accordance with the District of deem necessary or at the request of a major- and XI, the committee is authorized (subject Columbia Code, as amended, I am ity of the members of the committee in ac- to subparagraph (b)(1) of this paragraph)— transmitting the District of Columbia cordance with Clause 2(c) of House Rule XI. (1) to sit and act at such times and places Courts’ FY 2000 Budget request. The determination of the business to be con- within the United States, whether the House

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR99\H08FE9.000 H08FE9 1982 CONGRESSIONAL RECORD—HOUSE February 8, 1999 is in session, has recessed, or has adjourned, (d) Committee members may question a clerk of the committee a written request, and to hold such hearings; and witness only when they have been recognized signed by a majority of the members of the (2) to require, by subpoena or otherwise, by the chairman for that purpose, and only committee, for the reporting of that meas- the attendance and testimony of such wit- for a 5-minute period until all members ure. Upon the filing of any such request, the nesses and the production of such books, present have had an opportunity to question clerk of the committee shall transmit imme- records, correspondence, memorandums, pa- a witness. The 5-minute period for ques- diately to the chairman of the committee pers, and documents; as it deems necessary. tioning a witness by any one member can be notice of the filing of that request. The chairman of the committee, or any extended as provided by House Rules. The (b)(1) No measure or recommendation shall member designated by the chairman, may questioning of a witness in committee hear- be reported to the House unless a majority of administer oaths of any witness. ings shall be initiated by the chairman, fol- the committee was actually present. (b)(1) A subpoena may be authorized and lowed by the ranking minority party mem- (2) With respect to each record vote on a issued by the committee in the conduct of ber and all other members alternating be- motion to report any measure or matter of a any investigation or series of investigations tween the majority and minority. In recog- public character, and on any amendment of- or activities, only when authorized by a ma- nizing members to question witnesses in this fered to the measure or matter, the total jority of the members voting, a majority fashion, the chairman shall take into consid- number of votes cast for and against, and the being present. The power to authorize and eration the ratio of the majority to minority names of those members voting for and issue subpoenas under subparagraph (a)(2) members present and shall establish the against, shall be included in the committee may be delegated to the chairman of the order of recognition for questioning in such report on the measure or matter. committee pursuant to such rules and under a manner as not to disadvantage the mem- (c) The report of the committee on a meas- such limitations as the committee may pre- bers of the majority. The chairman may ac- ure which has been approved by the com- scribe. Authorized subpoenas shall be signed complish this by recognizing two majority mittee shall include— by the chairman of the committee or any members for each minority member recog- (1) the oversight findings and recommenda- member designated by the committee. nized. tions required pursuant to House Rule X, of (2) Compliance with any subpoena issued (c) The following additional rules shall clause 2(b)(1) separately set out and clearly by the committee may be enforced only as apply to hearings: authorized or directed by the House. identified; (1) The chairman at a hearing shall an- (2) the statement required by section RULE NO. 7.—QUORUMS nounce in an opening statement the subject 308(a)(1) of the Congressional Budget Act of No measure or recommendation shall be of the investigation. 1974, separately set out and clearly identi- reported to the House unless a majority of (2) A copy of the committee rules and this fied, if the measure provides new budget au- the committee is actually present. For the clause shall be made available to each wit- thority or new or increased tax expenditures; purposes of taking any action other than re- ness. (3) the estimate and comparison prepared porting any measure, issuance of a subpoena, (3) Witnesses at hearings may be accom- by the Director of the Congressional Budget closing meetings, promulgating committee panied by their own counsel for the purpose Office under section 403 of such Act, sepa- orders, or changing the rules of the com- of advising them concerning their constitu- rately set out and clearly identified, when- mittee, the quorum shall be one-third of the tional rights. ever the Director (if timely submitted prior members of the committee. For purposes of (4) The chairman may punish breaches of to the filing of the report) has submitted taking testimony and receiving evidence, order and decorum, and of professional ethics such estimate and comparison to the com- two members shall constitute a quorum. on the part of counsel, by censure and exclu- mittee; and RULE NO. 8.—AMENDMENTS sion from the hearings; and the committee (4) a summary of the oversight findings Any amendment offered to any pending may cite the offender to the House for con- and recommendations made by the Com- legislation before the committee must be tempt. mittee on Government Reform under House made available in written form when re- (5) If the committee determines that evi- Rule XIII, clause 3(c) separately set out and quested by any member of the committee. If dence or testimony at a hearing may tend to clearly identified whenever such findings and such amendment is not available in written defame, degrade, or incriminate any person, recommendations have been submitted to form when requested, the Chair will allow an it shall— the committee in a timely fashion to allow appropriate period of time for the provision (A) afford such person an opportunity vol- an opportunity to consider such findings and thereof. untarily to appear as a witness; recommendations during the committee’s RULE NO. 9.—HEARING PROCEDURES (B) receive such evidence or testimony in deliberations on the measure. executive session; and (a) The chairman, in the case of hearings (d) Each report of the committee on each (C) receive and dispose of requests from to be conducted by the committee, shall bill or joint resolution of a public character such person to subpoena additional wit- make public announcement of the date, reported by the committee shall include a nesses. place, and subject matter of any hearing to statement citing the specific powers granted (6) Except as provided in subparagraph be conducted on any measure or matter at to the Congress in the Constitution to enact (f)(5), the chairman shall receive and the least one (1) week before the commencement the law proposed by the bill or joint resolu- committee shall dispose of requests to sub- of that hearing. If the chairman of the com- tion. poena additional witnesses. (e) If, at the time of approval of any meas- mittee, with the concurrence of the ranking (7) No evidence or testimony taken in exec- minority member, determines that there is ure or matter by the committee, any mem- utive session may be released or used in pub- ber of the committee gives notice of inten- good cause to begin the hearing sooner, or if lic sessions without the consent of the com- the committee so determines by majority tion to file supplemental, minority, or addi- mittee. tional views, that member shall be entitled vote, a quorum being present for the trans- (8) In the discretion of the committee, wit- action of business, the chairman shall make to not less than two additional calendar days nesses may submit brief and pertinent sworn after the day of such notice, commencing on the announcement at the earliest possible statements in writing for inclusion in the date. The clerk of the committee shall the day on which the measure or matter(s) record. The committee is the sole judge of was approved, excluding Saturdays, Sundays, promptly notify the Daily Digest Clerk of the pertinency of testimony and evidence ad- the Congressional Record as soon as possible and legal holidays, in which to file such duced at its hearing. views, in writing and signed by that member, after such public announcement is made. (9) A witness may obtain a transcript copy (b) Unless excused by the chairman, each with the clerk of the committee. All such of his testimony given at a public session or, witness who is to appear before the com- views so filed by one or more members of the if given at an executive session, when au- mittee shall file with the clerk of the com- committee shall be included within, and thorized by the committee. mittee, at least 48 hours in advance of his or shall be a part of, the report filed by the her appearance, a written statement of his or RULE NO. 10.—PROCEDURES FOR REPORTING committee with respect to that measure or her proposed testimony and shall limit his or MEASURES OR MATTERS matter. The report of the committee upon her oral presentation to a summary of his or (a)(1) It shall be the duty of the chairman that measure or matter shall be printed in a her statement. of the committee to report or cause to be re- single volume which— (c) When any hearing is conducted by the ported promptly to the House any measure (1) shall include all supplemental, minor- committee upon any measure or matter, the approved by the committee and to take or ity, or additional views which have been sub- minority party members on the committee cause to be taken necessary steps to bring mitted by the time of the filing of the report, shall be entitled, upon request to the chair- the matter to a vote. and man by a majority of those minority mem- (2) In any event, the report of the com- (2) shall bear upon its cover a recital that bers before the completion of such hearing, mittee on a measure which has been ap- any such supplemental, minority, or addi- to call witnesses selected by the minority proved by the committee shall be filed with- tional views (and any material submitted testify with respect to that measure or mat- in 7 calendar days (exclusive of days on under subparagraphs (c)(3) and (c)(4)) are inter during at least one day of hearings there- which the House is not in session) after the cluded as part of the report. This subpara- on. day on which there has been filed with the graph does not preclude—

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR99\H08FE9.000 H08FE9 February 8, 1999 CONGRESSIONAL RECORD—HOUSE 1983 (A) the immediate filing or printing of a process it shall promptly make such deter- be served and the areas of committee juris- committee report unless timely request for mination and recommendations, and report a diction involved; and the opportunity to file supplemental, minor- reconciliation bill or resolution (or both) to (E) the names of members and staff for ity, or additional views has been made as the House or submit such recommendations whom authorization is sought. provided by paragraph (c); or to the Committee on the Budget, in accord- (2) At the conclusion of any hearing, inves- (B) the filing of any supplemental report ance with the Congressional Budget Act of tigation, study, meeting or conference for upon any measure or matter which may be 1974. which travel outside the United States has required for the correction of any technical RULE NO. 13.—BROADCASTING OF COMMITTEE been authorized pursuant to this rule, mem- error in a previous report made by the com- HEARINGS AND MEETINGS bers and staff attending meetings or con- mittee upon that measure or matter. Whenever any hearing or meeting conferences shall submit a written report to the (f) If hearings have been held on any such ducted by the committee is open to the pub- chairman covering the activities and other measure or matter so reported, the com- lic, those proceedings shall be open to cov- pertinent observations or information gained mittee shall make every reasonable effort to erage by television, radio, and still photog- as a result of such travel. have such hearings published and available raphy, as provided in Clause 4 of House Rule (c) Members and staff of the committee to the members of the House prior to the XI, subject to the limitations therein. performing authorized travel on official busi- consideration of such measure or matter in ness shall be governed by applicable laws, the House. RULE NO. 14.—COMMITTEE STAFF resolutions, or regulations of the House and (g) The chairman of the committee may The staff of the Committee on House Ad- of the Committee on House Administration designate any member of the committee to ministration shall be appointed as follows: pertaining to such travel. A. The committee staff shall be appointed, act as ‘‘floor manager’’ of a bill or resolution RULE NO. 16.—POWERS AND DUTIES OF SUBUNITS except as provided in paragraph (B), and may during its consideration in the House. OF THE COMMITTEE be removed by the chairman and shall work RULE NO. 11.—COMMITTEE OVERSIGHT under the general supervision and direction The chairman of the committee is author- The committee shall conduct oversight of of the chairman; ized to establish appropriately named matters within the jurisdiction of the com- B. All staff provided to the minority party subunits, such as task forces, composed of mittee in accordance with House Rule X, members of the committee shall be ap- members of the committee, for any purpose, clause 2 and clause 4(d)(2). Not later than pointed, and may be removed, by the Rank- measure or matter; one member of each such February 15, of the first session of a Con- ing Minority Member of the committee, and subunit shall be designated chairman of the gress, the Committee shall, in a meeting shall work under the general supervision and subunit by the chairman of the committee. that is open to the public and with a quorum direction of such Member. All such subunits shall be considered ad hoc present, adopt its oversight plans for that C. The chairman shall fix the compensa- subcommittees of the committee. The rules Congress in accordance with House Rule X, tion of all staff of the committee, after con- of the committee shall be the rules of any clause 2(d). sultation with the Ranking Minority Mem- subunit of the committee, so far as applica- RULE NO. 12.—REVIEW OF CONTINUING ber regarding any minority party staff, with- ble, or as otherwise directed by the chairman PROGRAMS; BUDGET ACT PROVISIONS in the budget approved for such purposes for of the committee. Each subunit of the committee is authorized to meet, hold hearings, (a) The committee shall, in its consider- the committee. receive evidence, and to require, by subpoena ation of all bills and joint resolutions of a RULE NO. 15.—TRAVEL OF MEMBERS AND STAFF or otherwise, the attendance and testimony public character within its jurisdiction, in- (a) Consistent with the primary expense of such witnesses and the production of such sure that appropriation for continuing pro- resolution and such additional expense reso- books, records, correspondence, memoran- grams and activities of the Federal Govern- lutions as may have been approved, the pro- dums, papers, and documents, as it deems ment and the District of Columbia govern- visions of this rule shall govern travel of necessary, and to report to the full comment will be made annually to the maximum committee members and staff. Travel for mittee on all measures or matters for which extent feasible and consistent with the na- any member or any staff member shall be it was created. Chairmen of subunits of the ture, requirement, and objectives of the pro- paid only upon the prior authorization of the committee shall set meeting dates with the grams and activities involved. For the pur- chairman. Travel may be authorized by the approval of the chairman of the full com- poses of this paragraph a Government agen- chairman for any member and any staff mittee, with a view toward avoiding simulta- cy includes the organizational units of gov- member in connection with the attendance neous scheduling of committee and subunit ernment listed in clause 4(e) of Rule X of of hearings conducted by the committee and meetings or hearings wherever possible. It House Rules. meetings, conferences, and investigations shall be the practice of the committee that (b) The committee shall review, from time which involve activities or subject matter meetings of subunits not be scheduled to to time, each continuing program within its under the general jurisdiction of the com- occur simultaneously with meetings of the jurisdictions for which appropriations are mittee. Before such authorization is given full committee. In order to ensure orderly not made annually in order to ascertain there shall be submitted to the chairman in and fair assignment of hearing and meeting whether such program could be modified so writing the following: rooms, hearings and meetings should be ar- that appropriations therefor would be made (1) The purpose of the travel; ranged in advance with the chairman annually. (2) The dates during which the travel will through the clerk of the committee. (c) The committee shall, on or before Feb- occur; ruary 25 of each year, submit to the Com- (3) The locations to be visited and the RULE NO. 17.—OTHER PROCEDURES AND mittee on the Budget (1) its views and esti- length of time to be spent in each; REGULATIONS mates with respect to all matters to be set (4) The names of members and staff seek- The chairman of the full committee may forth in the concurrent resolution on the ing authorization. establish such other procedures and take budget for the ensuing fiscal year which are (b)(1) In the case of travel outside the such actions as may be necessary to carry within its jurisdiction or functions, and (2) United States of members and staff of the out the foregoing rules or to facilitate the ef- an estimate of the total amounts of new committee for the purpose of conducting fective operation of the committee. budget authority, and budget outlays result- hearings, investigations, studies, or attend- RULE NO. 18.—DESIGNATION OF CLERK OF THE ing therefrom to be provided or authorized in ing meetings and conferences involving ac- COMMITTEE all bills and resolutions within its jurisdic- tivities or subject matter under the legisla- For the purposes of these rules and the tion which it intends to be effective during tive assignment of the committee, prior au- Rules of the House of Representatives, the that fiscal year. thorization must be obtained from the chair- staff director of the committee shall act as (d) As soon as practicable after a concur- man. Before such authorization is given, the clerk of the committee. rent resolution on the budget for any fiscal there shall be submitted to the chairman, in year is agreed to, the committee (after con- writing, a request for such authorization. f sulting with the appropriate committee or Each request, which shall be filed in a man- RULES OF THE COMMITTEE ON committees of the Senate) shall subdivide ner that allows for a reasonable period of ARMED SERVICES FOR THE any allocation made to it, the joint explana- time for review before such travel is sched- tory statement accompany the conference uled to begin, shall include the following: 106TH CONGRESS report on such resolution, and promptly re- (A) the purpose of the travel; The SPEAKER pro tempore. Under a port such subdivisions to the House, in the (B) the dates during which the travel will previous order of the House, the gen- manner provided by section 302 of the Con- occur; tleman from South Carolina (Mr. gressional budget Act of 1974. (C) the names of the countries to be visited (e) Whenever the committee is directed in and the length of time to be spent in each; SPENCE) is recognized for 5 minutes. a concurrent resolution on the budget to de- (D) an agenda of anticipated activities for Mr. SPENCE. Mr. Speaker, in accordance termine and recommend changes in laws, each country for which travel is authorized with clause 2(a) of Rule XI of the Rules of the bills, or resolutions under the reconciliation together with a description of the purpose to House of Representatives, I submit herewith

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for publication in the CONGRESSIONAL RECORD RULE 6. REFERENCE OF LEGISLATION AND may tend to defame, degrade, or incriminate the rules of the Committee on Armed Services SUBCOMMITTEE REPORT.—(a) The Chairman any person, and notwithstanding the require- that were adopted by the committee on shall refer legislation and other matters to ments of (a) and the provisions of clause the appropriate subcommittee or to the full 2(g)(2) of rule XI of the Rules of the House of Wednesday, January 20, 1999. Committee. Representatives, such evidence or testimony RULES OF THE COMMITTEE ON ARMED (b) Legislation shall be taken up for hear- shall be presented in closed session, if by a SERVICES—106th CONGRESS ing only when called by the Chairman of the majority vote of those present there being in RULES GOVERNING PROCEDURE Committee or subcommittee, as appropriate, attendance no less than two members of the RULE 1. APPLICATION OF HOUSE RULES.— or by a majority of those present and voting. Committee or subcommittee, the Committee The Rules of the House of Representatives (c) The Chairman, with approval of a ma- or subcommittee determines that such evi- are the rules of the Committee on Armed jority vote of a quorum of the Committee, dence may tend to defame, degrade or in- Services (hereafter referred to in these rules shall have authority to discharge a sub- criminate any person. A majority of those as the ‘‘Committee’’) and its subcommittees committee from consideration of any meas- present, there being in attendance no less so far as applicable. ure or matter referred thereto and have such than two members of the Committee or sub- RULE 2. FULL COMMITTEE MEETING DATES.— measure or matter considered by the Com- committee, may also vote to close the hear- (a) The Committee shall meet every Tuesday mittee. ing or meeting for the sole purpose dis- (d) Reports and recommendations of a sub- at 10:00 a.m., and at such other times as may cussing whether evidence or testimony to be committee may not be considered by the be fixed by the chairman of the Committee received would tend to defame, degrade or Committee until after the intervention of 3 (hereafter referred to in these rules as the incriminate any person. The Committee or calendar days from the time the report is ap- ‘‘Chairman’’), or by written request of mem- subcommittee shall proceed to receive such proved by the subcommittee and available to bers of the Committee pursuant to clause testimony in open session only if the Com- the members of the Committee, except that 2(c) of rule XI of the Rules of the House of mittee or subcommittee, a majority being this rule may be waived by a majority vote Representatives. present, determines that such evidence or (b) A Tuesday meeting of the Committee of a quorum of the Committee. RULE 7. PUBLIC ANNOUNCEMENT OF HEAR- testimony will not tend to defame, degrade may be dispensed with by the Chairman, but INGS AND MEETINGS.—Pursuant to clause or incriminate any person. such action may be reversed by a written re- 2(g)(3) of rule XI of the Rules of the House of (c) Notwithstanding the foregoing, and quest of a majority of the members of the Representatives, the Chairman of the Com- with the approval of the Chairman, each Committee. mittee or of any subcommittee or panel shall member of the Committee may designate by RULE 3. SUBCOMMITTEE MEETING DATES.— letter to the Chairman, a member of that Each subcommittee is authorized to meet, make public announcement of the date, place, and subject matter of any committee member’s personal staff with Top Secret se- hold hearings, receive evidence, and report curity clearance to attend hearings of the to the Committee on all matters referred to or subcommittee hearing at least one week before the commencement of the hearing. Committee, or that member’s sub- it. Insofar as possible, meetings of the Com- committee(s) which have been closed under mittee and its subcommittees shall not con- However, if the Chairman of the Committee or of any subcommittee or panel, with the the provisions of rule 9(a) above for national flict. A subcommittee chairman shall set security purposes for the taking of testi- meetings dates after consultation with the concurrence of the ranking minority member of the Committee or of any sub- mony: Provided, That such staff member’s at- Chairman and the other subcommittee chair- tendance at such hearings is subject to the men with a view toward avoiding simulta- committee or panel, determines that there is good cause to begin the hearing sooner, or if approval of the Committee or subcommittee neous scheduling of committee and sub- as dictated by national security require- committee meetings or hearings wherever the Committee, subcommittee or panel so determines by majority vote, a quorum being ments at the time: Provided further, That possible. this paragraph addresses hearings only and RULE 4. SUBCOMMITTEES.—The Committee present for the transaction of business, such chairman shall make the announcement at not briefings or meetings held under the pro- shall be organized to consist of five standing visions of paragraph (a) of this rule; And pro- subcommittees with the following jurisdic- the earliest possible date. Any announcement made under this rule shall be promptly vided further, That the attainment of any se- tions: curity clearances involved is the responsi- Subcommittee on Military Installations published in the Daily Digest and promptly bility of individual members. and Facilities: military construction; real entered into the committee scheduling serv- (d) Pursuant to clause 2(g)(2) of rule XI of estate acquisitions and disposals; housing ice of the House Information Resources. the Rules of the House of Representatives, and support; base closure; and related legis- RULE 8. BROADCASTING OF COMMITTEE no Member may be excluded from lative oversight. HEARINGS AND MEETINGS.—Clause 4 of rule XI nonparticipatory attendance at any hearing Subcommittee on Military Personnel: mili- of the Rules of the House of Representatives of the Committee or a subcommittee, unless tary forces and authorized strengths; inte- shall apply to the Committee. the House of Representatives shall by major- gration of active and reserve components; RULE 9. MEETINGS AND HEARINGS OPEN TO ity vote authorize the Committee or sub- military personnel policy; compensation and THE PUBLIC.—(a) Each hearing and meeting committee, for purposes of a particular se- other benefits; and related legislative over- for the transaction of business, including the ries of hearings on a particular article of leg- sight. markup of legislation, conducted by the Subcommittee on Military Procurement: Committee or a subcommittee shall be open islation or on a particular subject of inves- the annual authorization for procurement of to the public except when the Committee or tigation, to close its hearings to members by military weapon systems and components subcommittee, in open session and with a the same procedures designated in this rule thereof, including full scale development and majority being present, determines by record for closing hearings to the public: Provided, systems transition; military application of vote that all or part of the remainder of that however, That the Committee or the sub- nuclear energy; and related legislative over- hearing or meeting on that day shall be committee may by the same procedure vote sight. closed to the public because disclosure of to close up to 5 additional consecutive days Subcommittee on Military Readiness; the testimony, evidence, or other matters to be of hearings. annual authorization for operation and considered would endanger the national se- RULE 10. QUORUM.—(a) For purposes of tak- maintenance; the readiness and preparedness curity, would compromise sensitive law en- ing testimony and receiving evidence, two requirements of the defense establishment; forcement information, or would violate any members shall constitute a quorum. and related legislative oversight. law or rule of the House of Representatives. (b) One-third of the members of the Com- Subcommittee on Military Research and Notwithstanding the requirements of the mittee or subcommittee shall constitute a Development: the annual authorization for preceding sentence, a majority of those quorum for taking any action, with the fol- military research and development and represent, there being in attendance no less lowing exceptions, in which case a majority lated legislative oversight. than two members of the Committee or sub- of the Committee or subcommittee shall RULE 5. COMMITTEE PANELS.—(a) The committee, may vote to close a hearing or constitute a quorum: Chairman may designate a panel of the Com- meeting for the sole purpose of discussing (1) Reporting a measure or recommenda- mittee drawn from members of the Com- whether testimony or evidence to be re- tion; mittee to inquire into and take testimony on ceived would endanger the national security, (2) Closing committee or subcommittee a matter or matters that fall within the ju- would compromise sensitive law enforcement meetings and hearings to the public; and risdiction of more than one subcommittee information, or would violate any law or rule (3) Authorizing the issuance of subpoenas. and to report to the Committee. of the House of Representatives. If the deci- (c) No measure or recommendation shall be (b) No panel so appointed shall continue in sion is to close, the vote must be by record reported to the House of Representatives un- existence of more than six months. A panel vote and in open session, there being a ma- less a majority of the Committee is actually so appointed may, upon the expiration of six jority of the Committee or subcommittee present. months, be reappointed by the Chairman. present. RULE 11. THE FIVE-MINUTE RULE.—(a) The (c) No panel so appointed shall have legis- (b) Whenever it is asserted that the evi- time any one member may address the Com- lative jurisdiction. dence or testimony at a hearing or meeting mittee or subcommittee on any measure or

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR99\H08FE9.000 H08FE9 February 8, 1999 CONGRESSIONAL RECORD—HOUSE 1985 matter under consideration shall not exceed series of investigations or activities, only (b) Members of the Committee or sub- 5-minutes and then only when the member when authorized by a majority of the mem- committee who so desire shall have not to has been recognized by the Committee or bers voting, a majority of the Committee or exceed 5 minutes to interrogate each witness subcommittee chairman, as appropriate, ex- subcommittee being present. Authorized sub- until such time as each member has had an cept that this time limit may be exceeded by poenas shall be signed only by the Chairman, opportunity to interrogate such witness; unanimous consent. Any member, upon re- or by any member designated by the Chair- thereafter, additional rounds for questioning quest, shall be recognized for not to exceed 5- man. witnesses by members are discretionary with minutes to address the Committee or sub- (2) Pursuant to clause 2(m) of rule XI of the Chairman or subcommittee chairman, as committee on behalf of an amendment which the Rules of the House of Representatives, appropriate. the member has offered to any pending bill compliance with any subpoena issued by the (c) Questions put to witnesses before the or resolution. The 5 minute limitation shall Committee or any subcommittee under sub- Committee or subcommittee shall be perti- not apply to the Chairman and ranking mi- paragraph (a)(2) may be enforced only as au- nent to the measure or matter that may be nority member of the Committee or sub- thorized or directed by the House. before the Committee or subcommittee for RULE 13. WITNESS STATEMENTS.—(a) Any committee. consideration. prepared statement to be presented by a wit- (b) Members present at a hearing of the Rule 16. Publication of Committee Hear- ness to the Committee or a subcommittee Committee or subcommittee when a hearing ings and Markups.—The transcripts of those is originally convened will be recognized by shall be submitted to the Committee or subcommittee at least 48 hours in advance of hearings and mark-ups conducted by the the Committee or subcommittee chairman, Committee or a subcommittee which are de- as appropriate, in order of seniority. Those presentation and shall be distributed to all members of the Committee or subcommittee cided by the Chairman to be officially pub- members arriving subsequently will be rec- lished will be published in verbatim form, ognized in order of their arrival. Notwith- at last 24 hours in advance of presentation. A copy of any such prepared statement shall with the material requested for the record standing the foregoing, the Chairman and inserted at the place requested, or at the end the ranking minority member will take prec- also be submitted to the Committee in electronic form. If a prepared statement con- of the record, as appropriate. Any requests edence upon their arrival. In recognizing to correct any errors, other than those in members to question witnesses in this fash- tains security information bearing a classi- fication of secret or higher, the statement transcription, or disputed errors in tran- ion, the Chairman shall take into consider- scription, will be appended to the record, and ation the ratio of the majority to minority shall be made available in the Committee rooms to all members of the Committee or the appropriate place where the change is re- members present and shall establish the subcommittee at least 24 hours in advance of quested will be footnoted. order of recognition for questioning in such presentation; however, so such statement a manner as not to disadvantage the mem- shall be removed from the Committee of- f bers of the majority. fices. The requirement of this rule may be (c) No person other than Members of Con- waived by a majority vote of a quorum of the SPECIAL ORDERS GRANTED gress and committee staff may be seated in Committee or subcommittee, as appropriate. By unanimous consent, permission to or behind the dais area during Committee, (b) The Committee and each subcommittee subcommittee or panel hearings and meet- shall require each witness who is to appear address the House, following the legis- ings. before it to file with the Committee in ad- lative program and any special orders RULE 12. SUBPOENA AUTHORITY.—(a) For vance of his or her appearance a written heretofore entered, was granted to: the purpose of carrying out any of its func- statement of the proposed testimony and to (The following Members (at the re- tions and duties under rules X and XI of the limit the oral presentation at such appear- Rules of the House of Representatives, the quest of Mr. TERRY) to revise and ex- ance to a brief summary of his or her agree- tend their remarks and include extra- Committee and any subcommittee is author- ment. ized (subject to subparagraph (b)(1) of this Rule 14. Administering Oaths to Wit- neous material:) paragraph): nesses.—(a) The Chairman, or any member Mr. TANCREDO, for 5 minutes, on Feb- (1) to sit and act at such times and places designated by the Chairman, may administer ruary 10. within the United States, whether the House oaths to any witness. Mr. PAUL, for 5 minutes, on February is in session, has recessed, or has adjourned, (b) Witnesses, when sworn, shall subscribe 9. and to hold hearings, and to the following oath: (2) to require by subpoena, or otherwise, Do you solemnly swear (or affirm) that the f the attendance and testimony of such wit- testimony you will give before this Com- nesses and the production of such books, mittee (or subcommittee) in the matters now ADJOURNMENT records, correspondence, memorandums, pa- under consideration will be the truth, the pers and documents as it deems necessary. whole truth, and nothing but the truth, so Mr. TERRY. Mr. Speaker, I move The Chairman of the Committee, or any help you God? that the House do now adjourn. member designated by the Chairman, may Rule 15. Questioning of Witnesses.—(a) The motion was agreed to; accord- administer oaths to any witness. When a witness is before the Committee or a ingly (at 2 o’clock and 15 minutes (b)(1) A subpoena may be authorized and subcommittee, members of the Committee or issued by the Committee, or any sub- subcommittee may put questions to the wit- p.m.), under its previous order, the committee with the concurrence of the full ness only when they have been recognized by House adjourned until tomorrow, Tues- Committee Chairman, under subparagraph the Chairman or subcommittee chairman, as day, February 9, 1999, at 12:30 p.m., for (a)(2) in the conduct of any investigation,h or appropriate, for that purpose. morning hour debates. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports and amended reports concerning the foreign currencies and U.S. dollars utilized for official foreign travel during the third and fourth quarters of 1998 by Committees of the House of Representatives, as well as consolidated report of foreign currencies and U.S. dollars utilized for speaker-authorized official travel during third quarter of 1998, pursuant to Public Law 95–384, are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, SELECT COMMITTEE ON INTELLIGENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 31, 1998

Date Per diem 1 Transportation Other purposes Total

Name of Member or employee Country U.S. dollar U.S. dollar U.S. dollar U.S. dollar Arrival Departure Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Diane Roark ...... 8/14 8/19 Asia ...... 267.27 ...... 267.27 Commercial airfare ...... 1,183.74 ...... 1,183.74 Patrick Murray ...... 8/18 8/23 Europe ...... 1,928.00 ...... 1,928.00 Commercial airfare ...... 5,251.57 ...... 5,251.57 Merrell Morehead ...... 8/18 8/23 Europe ...... 1,928.00 ...... 1,928.00 Commercial airfare ...... 5,251.57 ...... 5,251.57 William McFarland ...... 8/18 8/23 Europe ...... 1,928.00 ...... 1,928.00 Commercial airfare ...... 5,251.57 ...... 5,251.57 Catherine Eberwein ...... 8 /20 8 /31 Europe ...... 2,916.00 ...... 2,916.00 Commercial airfare ...... 4,838.86 ...... 4,838.86

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00010 Fmt 0688 Sfmt 8634 E:\BR99\H08FE9.000 H08FE9 1986 CONGRESSIONAL RECORD—HOUSE February 8, 1999 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, SELECT COMMITTEE ON INTELLIGENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 31, 1998—Continued

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

Elizabeth Larson ...... 8/24 9/4 Europe ...... 3,062.00 ...... 3,062.00 Commercial airfare ...... 6,329.15 ...... 6,329.15 Committee total ...... 12,029.27 ...... 28,106.46 ...... 40,135,73 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. PORTER J. GOSS, Chairman, Nov. 12, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON AGRICULTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1998

FOR HOUSE COMMITTEES Please note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BOB SMITH, Chairman, Jan. 28, 1999.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN SEPT. 30, AND DEC. 31, 1998

Timothy Peterson ...... 10/22 10/26 Canada ...... 422.50 ...... 422.50 Commercial airfare ...... 835.15 ...... 835.15 James W. Dyer ...... 11/2 11/4 Czech Republic ...... 464.00 ...... 464.00 11/4 11/6 Switzerland ...... 858.00 ...... 858.00 Commercial airfare ...... 5,432.86 ...... 5,432.86 Valerie L. Baldwin ...... 11/2 11/4 Czech Republic ...... 464.00 ...... 464.00 11/4 11/6 Switzerland ...... 858.00 ...... 858.00 11/6 11/8 Italy ...... 578.00 ...... 578.00 Commercial airfare ...... 5,941.86 ...... 5,941.86 John Shank ...... 11 /2 11 /4 United Kingdom ...... 630.00 ...... 630.00 11/4 11/6 Switzerland ...... 572.00 ...... 572.00 11/6 11/10 Italy ...... 1,445.00 ...... 1,445.00 Commercial airfare ...... 6,253.50 ...... 6,253.50 John J. Ziolkowski ...... 11/7 11/11 Italy ...... 1,017.00 ...... 1,017.00 Commercial airfare ...... 5,127.17 ...... 5,127.17 James T. Walsh ...... 11 /29 12 /2 India ...... 867.00 ...... 867.00 12/2 12/7 Nepal ...... 1,344.00 ...... 1,344.00 Commercial airfare ...... 2,307.00 ...... 2,307.00 Committee total ...... 9,519.50 ...... 25,897.54 ...... 35,417.04

Committee on Appropriations, Surveys and Inves- tigations Staff: T.J. Booth ...... 11 /6 11 /10 Bahrain ...... 632.50 ...... 5,569.84 ...... 251.21 ...... 6,453.55 11/10 11/11 United Arab Emirates ...... 228.00 ...... 228.00 11/11 11/14 Saudi Arabia ...... 711.25 ...... 711.25 11/14 11/16 Bahrain ...... 392.00 ...... 392.00 N.H. Gardner ...... 12 /3 12 /5 China ...... 717.50 ...... 9,341.54 ...... 23.44 ...... 10,082.48 12/6 12/10 Australia ...... 695.50 ...... 695.50 12/11 12/11 Japan ...... 184.50 ...... 184.50 M.O. Glynn ...... 11/13 11/18 Italy ...... 1,141.25 ...... 5,747.02 ...... 122.00 ...... 7,010.27 11/18 11/20 Turkey ...... 236.25 ...... 236.25 11/20 11/21 The Netherlands ...... 231.00 ...... 231.00 R.D. Green ...... 11 /7 11 /21 Germany ...... 2,549.75 ...... 5,242.89 ...... 26.40 ...... 7,819.04 C.L. Hauver ...... 12 /3 12 /5 China ...... 717.50 ...... 9,341.54 ...... 73.57 ...... 10,132.61 12/6 12/10 Australia ...... 695.50 ...... 695.50 12/11 12/11 Japan ...... 184.50 ...... 184.50 W.C. Hersman ...... 11/7 11/18 Italy ...... 2,052.00 ...... 5,636.97 ...... 32.00 ...... 7,720.97 11/18 11/20 Turkey ...... 236.25 ...... 236.25 11/20 11/21 The Netherlands ...... 231.00 ...... 231.00 T.E. Hobbs ...... 11/13 11 /18 Italy ...... 1,058.75 ...... 5,494.74 ...... 42.88 ...... 6,596.37 R.A. Jaxel ...... 11 /7 11 /18 Italy ...... 2,052.00 ...... 5,636.97 ...... 102.95 ...... 7,791.92 11/18 11/20 Turkey ...... 236.25 ...... 236.25 11/20 11/21 The Netherlands ...... 231.00 ...... 231.00 D.K. Lutz ...... 11/6 11/10 Bahrain ...... 632.50 ...... 5,931.84 ...... 218.01 ...... 6,782.35 11/10 11/11 United Arab Emirates ...... 228.00 ...... 228.00 11/11 11/14 Saudi Arabia ...... 711.25 ...... 711.25 11/14 11/16 Bahrain ...... 441.00 ...... 441.00 H.P. McDonald ...... 12 /3 12 /5 China ...... 717.50 ...... 9,341.54 ...... 130.64 ...... 10,189.68 12/6 12/10 Australia ...... 695.50 ...... 695.50 12/11 12/11 Japan ...... 184.50 ...... 184.50 R.H. Pearre ...... 11/7 11/15 Italy ...... 1,342.25 ...... 5,227.15 ...... 132.79 ...... 6,702.19 R.J. Reitwiesner ...... 11/6 11/10 Bahrain ...... 632.50 ...... 5,569.84 ...... 230.21 ...... 6,432.55 11/10 11/11 United Arab Emirates ...... 228.00 ...... 228.00 11/11 11/14 Saudi Arabia ...... 711.25 ...... 711.25 11/14 11/16 Bahrain ...... 392.00 ...... 392.00 F.R. Stevens ...... 11/7 11/21 Germany ...... 2,807.50 ...... 5,496.84 ...... 195.20 ...... 8,499.54 R.W. Vandergrift ...... 12/3 12/5 China ...... 717.50 ...... 9,341.54 ...... 281.06 ...... 10,340.10 12/6 12/10 Australia ...... 695.50 ...... 695.50 12/11 12/11 Japan ...... 184.50 ...... 184.50 T.P. Wyman ...... 12/3 12/5 China ...... 717.50 ...... 9,341.54 ...... 247.12 ...... 10,306.16 12/6 12/10 Australia ...... 695.50 ...... 695.50 12/11 12/11 Japan ...... 184.50 ...... 184.50 Committee total ...... 28,330.00 ...... 102,261.80 ...... 2,109.48 ...... 132,704.28 1 Per diem constitutes lodging and meals.

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00011 Fmt 0688 Sfmt 8634 E:\BR99\H08FE9.000 H08FE9 February 8, 1999 CONGRESSIONAL RECORD—HOUSE 1987 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BILL YOUNG, Chairman, Jan. 28, 1999.

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00012 Fmt 0688 Sfmt 8634 E:\BR99\H08FE9.000 H08FE9 1988 CONGRESSIONAL RECORD—HOUSE February 8, 1999 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON BANKING AND FINANCIAL SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1998

Ellen Kuo ...... 11/29 12/4 Brazil ...... 1,453.00 ...... 1,990.00 ...... 3,443.00 Committee total ...... 1,453.00 ...... 1,990.00 ...... 3,443.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JIM LEACH, Chairman, Jan. 28, 1999.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON THE BUDGET, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1998

FOR HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JOHN R. KASICH, Chairman, Jan. 28, 1999.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON COMMERCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1998

Hon. Peter Deutsch ...... 12/11 12/15 Israel ...... 2,648.00 ...... 2,648.00 Committee total ...... 2,648.00 ...... 2,648.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. TOM BLILEY, Chairman, Jan. 19, 1999.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON EDUCATION AND THE WORKFORCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1, AND DEC. 31, 1998

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON HOUSE ADMINISTRATION, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1998

Date Per diem 1 Transportation Other purposes Total

U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON NATIONAL SECURITY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1998

Visit to Ukraine and Russia, Nov. 7–13, 1998: Mr. David J. Trachtenberg ...... 11 /7 11 /10 Ukraine ...... 1,140.00 ...... 1,140.00 11/10 11/13 Russia ...... 873.00 ...... 873.00 Commercial airfare ...... 5,333.07 ...... 5,333.07 Visit to Korea, Nov. 18–21, 1998: Hon. Gene Taylor ...... 11 /18 11/21 Korea ...... 786.00 ...... 786.00 Commercial airfare ...... 3,736.00 ...... 3,736.00 Mr. Dudley L. Tademy ...... 11 /18 11/21 Korea ...... 786.00 ...... 786.00 Commercial airfare ...... 3,736.00 ...... 3,736.00 Visit to Nicaragua and Honduras, Nov. 29–Dec. 1, 1998: Hon. Solomon P. Ortiz ...... 11 /29 12 /1 Nicaragua ...... 440.21 ...... 440.21

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00013 Fmt 0688 Sfmt 8634 E:\BR99\H08FE9.000 H08FE9 February 8, 1999 CONGRESSIONAL RECORD—HOUSE 1989 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON NATIONAL SECURITY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1998— Continued

12/1 12/1 Honduras ...... Visit to Germany, Nov. 30–Dec. 5, 1998: Ms. Mieke Y. Eoyang ...... 11 /30 12 /5 Germany ...... 1,250.00 ...... 1,250.00 Commercial airfare ...... 3,839.55 ...... 3,839.55 Visit to the United Kingdom, Belgium, Russia and Czech Republic, Nov. 30–Dec. 10, 1998: Hon. Ike Skelton ...... 11/30 12/2 United Kingdom ...... 730.00 ...... 730.00 12/2 12/4 Belgium ...... 458.00 ...... 458.00 12/4 12/8 Russia ...... 1,498.00 ...... 1,498.00 12/8 12/10 Czech Republic ...... 564.00 ...... 564.00 Hon. Neil Abercrombie ...... 11/30 12 /2 United Kingdom ...... 730.00 ...... 730.00 12/2 12/4 Belgium ...... 458.00 ...... 458.00 12/4 12/8 Russia ...... 1,498.00 ...... 1,498.00 12/8 12/10 Czech Republic ...... 564.00 ...... 564.00 Hon. Loretta Sanchez ...... 11/30 12/2 United Kingdom ...... 730.00 ...... 730.00 12/2 12/4 Belgium ...... 458.00 ...... 458.00 12/4 12/8 Russia ...... 1,498.00 ...... 1,498.00 12/8 12/10 Czech Republic ...... 564.00 ...... 564.00 Hon. Adam Smith ...... 11 /30 12/2 United Kingdom ...... 730.00 ...... 730.00 12/2 12/4 Belgium ...... 458.00 ...... 458.00 12/4 12/8 Russia ...... 1,498.00 ...... 1,498.00 12/8 12/10 Czech Republic ...... 564.00 ...... 564.00 Hon. Vic Snyder ...... 11 /30 12/2 United Kingdom ...... 730.00 ...... 730.00 12/2 12/4 Belgium ...... 458.00 ...... 458.00 12/4 12/8 Russia ...... 1,498.00 ...... 1,498.00 12/8 12/10 Czech Republic ...... 564.00 ...... 564.00 Thomas P. Glakas ...... 11/30 12/2 United Kingdom ...... 730.00 ...... 730.00 12/2 12/4 Belgium ...... 458.00 ...... 458.00 12/4 12/8 Russia ...... 1,498.00 ...... 1,498.00 12/8 12/10 Czech Republic ...... 564.00 ...... 564.00 Dudley L. Tademy ...... 11 /30 12/2 United Kingdom ...... 730.00 ...... 730.00 12/2 12/4 Belgium ...... 458.00 ...... 458.00 12/4 12/8 Russia ...... 1,498.00 ...... 1,498.00 12/8 12/10 Czech Republic ...... 564.00 ...... 564.00 Visit to Panama, Dec. 6–8, 1998: Mr. Christain P. Zur ...... 12/6 12/8 Panama ...... 243.00 ...... 243.00 Commercial airfare ...... 1,126.50 ...... 1,126.50 Visit to Belgium, Germany, Bosnia and Mac- edonia, Dec. 10–15, 1998: Hon. Ellen O. Tauscher ...... 12/10 12/10 Belgium ...... 12/10 12/11 Germany ...... 113.00 ...... 113.00 12/11 12/14 Bosnia ...... 1,053.00 ...... 1,053.00 12/14 12/15 Macedonia ...... 175.00 ...... 175.00 Commercial airfare ...... 4,693.93 ...... 4,693.93 Mr. William H. Natter ...... 12 /10 12/10 Belgium ...... 12/10 12/11 Germany ...... 113.00 ...... 113.00 12/11 12/14 Bosnia ...... 1,053.00 ...... 1,053.00 12/14 12/15 Macedonia ...... 175.00 ...... 175.00 Commercial airfare ...... 4,693.93 ...... 4,693.93 Committee total ...... 30,950.21 ...... 27,158.98 ...... 58,109.19 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. FLOYD SPENCE, Chairman, Jan. 29, 1999.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON RULES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1998

Hon. David Dreier ...... 12/3 12/7 New Zealand ...... 865.000 ...... ( 3 ) ...... 865.00 12/7 12/12 Australia ...... 774.00 ...... ( 3 ) ...... 774.00 Hon. Tony P. Hall ...... 11/7 11/15 S. Korea, N. Korea, Japan ...... 1,492.00 ...... 5,716.00 ...... 7,208.00 Committee total ...... 3,131.00 ...... 5,716.00 ...... 8,847.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. JERRY SOLOMON, Chairman, Dec. 31, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SCIENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1998

Phil Kiko ...... 11/13 11 /17 New Zealand ...... 1,070.00 ...... 1,936.00 ...... 3,006.00 11/17 11/21 Antarctica ...... 11/21 11/22 New Zealand ...... William Stiles ...... 11 /14 11/17 New Zealand ...... 875.00 ...... 2,394.67 ...... 3,269.67 11/17 11/21 Antarctica ...... 11/21 12/01 New Zealand ...... Steve Eule ...... 11/14 11/17 New Zealand ...... 875.00 ...... 2,376.00 ...... 3,251.00 11/17 11/21 Antarctica ...... 11/21 11/22 New Zealand ...... Hon. George E. Brown, Jr ...... 12 /5 12 /13 Mexico ...... 1,919.00 ...... 515.90 ...... 2,434.90 Michael Quear ...... 12/5 12/13 Mexico ...... 1,919.00 ...... 551.70 ...... 2,470.70 Myndii Gottlieb ...... 12/6 12/12 Mexico ...... 1,422.00 ...... 713.94 ...... 2,135.94 Committee total ...... 8,080.00 ...... 8,488.21 ...... 16,568.21 1 Per diem constitutes lodging and meals.

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00014 Fmt 0688 Sfmt 8634 E:\BR99\H08FE9.000 H08FE9 1990 CONGRESSIONAL RECORD—HOUSE February 8, 1999 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JAMES SENSENBRENNER, JR., Chairman, Dec. 21, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SMALL BUSINESS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1998

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON WAYS AND MEANS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1998

Hon. Philip Crane ...... 12 /3 12 /7 New Zealand ...... 865.00 ...... ( 3 ) ...... 865.00 12/7 12/12 Australia ...... 774.00 ...... ( 3 ) ...... 774.00 Hon. Wally Herger ...... 12 /3 12 /7 New Zealand ...... 865.00 ...... ( 3 ) ...... 865.00 12/7 12/12 Australia ...... 774.00 ...... ( 3 ) ...... 774.00 Hon. Nancy L. Johnson ...... 12 /3 12 /7 New Zealand ...... 865.00 ...... ( 3 ) ...... 865.00 12/7 12/12 Australia ...... 774.00 ...... ( 3 ) ...... 774.00 Hon. Jennifer Dunn ...... 12 /3 12 /7 New Zealand ...... 865.00 ...... ( 3 ) ...... 865.00 12/7 12/12 Australia ...... 774.00 ...... ( 3 ) ...... 774.00 Hon. Karen Thurman ...... 12/3 12/7 New Zealand ...... 865.00 ...... ( 3 ) ...... 865.00 12/7 12/12 Australia ...... 774.00 ...... ( 3 ) ...... 774.00 Hon. Chris Smith ...... 12/3 12/7 New Zealand ...... 865.00 ...... ( 3 ) ...... 865.00 12/7 12/12 Australia ...... 774.00 ...... ( 3 ) ...... 774.00 Meredith Broadbent ...... 12/3 12/7 New Zealand ...... 865.00 ...... ( 3 ) ...... 865.00 12/7 12/12 Australia ...... 774.00 ...... ( 3 ) ...... 774.00 Angela Ellard ...... 12 /3 12 /7 New Zealand ...... 865.00 ...... ( 3 ) ...... 865.00 12/7 12/12 Australia ...... 774.00 ...... ( 3 ) ...... 774.00 Karen Humbel ...... 12/3 12/7 New Zealand ...... 865.00 ...... ( 3 ) ...... 865.00 12/7 12/12 Australia ...... 774.00 ...... ( 3 ) ...... 774.00 Donna Thiessen ...... 12/3 12/7 New Zealand ...... 865.00 ...... ( 3 ) ...... 865.00 12/7 12/12 Australia ...... 774.00 ...... ( 3 ) ...... 774.00 CODE expense ...... 12 /7 12 /12 Australia ...... 8,434.00 ...... 8,434.00 12/7 12/12 Australia ...... 15,414.00 ...... 15,414.00 Committee total ...... 16,390.00 ...... 8,434.00 ...... 15,414.00 ...... 40,238.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. BILL ARCHER, Chairman, Jan. 28, 1999.

AMENDED REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HOUSE DELEGATION TO THE NORTH ATLANTIC ASSEMBLY AND BRITISH-AMERICAN PARLIAMENTARY GROUP, EXPENDED BETWEEN NOV. 8 AND NOV. 15, 1998

Hon. Doug Bereuter ...... 11/8 11/13 Scotland ...... 1,810.00 ...... 11/13 11/16 England ...... 1,095.00 ...... 2,905.00 Hon. Tim Bliley ...... 11/8 11/13 Scotland ...... 1,810.00 ...... 11/13 11/15 England ...... 730.00 ...... 2,540.00 Hon. Sherwood Boehlert ...... 11/8 11/13 Scotland ...... 1,810.00 ...... 11/13 11/16 England ...... 1,095.00 ...... 2,905.00 Hon. Roy Blunt ...... 11 /10 11 /13 Scotland ...... 1,086.00 ...... 11/13 11/16 England ...... 1,095.00 ...... 2,181.00 Hon. Herb Bateman ...... 11 /10 11/13 Scotland ...... 1,086.00 ...... 11/13 11/16 England ...... 1,095.00 ...... 2,181.00 Hon. Vernon Ehlers ...... 11 /10 11/13 Scotland ...... 1,086.00 ...... 11/13 11/16 England ...... 1,095.00 ...... 2,181.00 Hon. Joel Hefley ...... 11/10 11 /13 Scotland ...... 1,086.00 ...... 11/13 11/16 England ...... 1,095.00 ...... 2,181.00 Hon. Paul Gillmor ...... 11 /10 11/13 Scotland ...... 1,086.00 ...... 11/13 11/16 England ...... 1,095.00 ...... 2,181.00 Hon. Scott McInnis ...... 11/10 11 /13 Scotland ...... 1,086.00 ...... 11/13 11/16 England ...... 1,095.00 ...... 2,181.00 Hon. Owen Pickett ...... 11/10 11/13 Scotland ...... 1,086.00 ...... 11/13 11/15 England ...... 730.00 ...... 1,816.00 Hon. Ralph Regula ...... 11 /10 11/13 Scotland ...... 1,086.00 ...... 11/13 11/16 England ...... 1,095.00 ...... 2,181.00 Hon. Marge Roukema ...... 11/10 11/13 Scotland ...... 1,086.00 ...... 11/13 11/16 England ...... 1,095.00 ...... 2,181.00 Hon. Floyd Spence ...... 11/10 11 /13 Scotland ...... 1,086.00 ...... 11/13 11/16 England ...... 1,095.00 ...... 2,181.00 Hon. John Tanner ...... 11 /10 11 /13 Scotland ...... 1,086.00 ...... 11/13 11/15 England ...... 730.00 ...... 1,816.00 Hon. Robert Wise ...... 11/10 11 /13 Scotland ...... 1,086.00 ...... 11/13 11/15 England ...... 730.00 ...... 1,816.00 Susan Olson ...... 11/8 11/13 Scotland ...... 1,810.00 ...... 11/13 11/16 England ...... 1,095.00 ...... 2,905.00 Jo Weber ...... 11/8 11/12 Scotland ...... 1,448.00 ...... 11/12 11/16 England ...... 1,460.00 ...... 2,908.00 Mike Ennis ...... 11 /10 11/14 Scotland ...... 1,448.00 ...... 1,448.00 Robin Evans ...... 11/10 11/13 Scotland ...... 1,086.00 ...... 11/13 11/16 England ...... 1,095.00 ...... 2,181.00 Linda Pedigo ...... 11/10 11/14 Scotland ...... 1,448.00 ...... 1,448.00 David Goldston ...... 11 /10 11/13 Scotland ...... 1,086.00 ...... 1,086.00 Bob King ...... 11 /10 11 /14 Scotland ...... 1,448.00 ...... 1,448.00 Brent Parker ...... 11 /12 11/16 England ...... 1,460.00 ...... 1,460.00

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00015 Fmt 0688 Sfmt 8634 E:\BR99\H08FE9.000 H08FE9 February 8, 1999 CONGRESSIONAL RECORD—HOUSE 1991 AMENDED REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HOUSE DELEGATION TO THE NORTH ATLANTIC ASSEMBLY AND BRITISH-AMERICAN PARLIAMENTARY GROUP, EXPENDED BETWEEN NOV. 8 AND NOV. 15, 1998—Continued

Total ...... 48,311.00 ...... 48,311.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DOUG BEREUTER, Jan. 5, 1999.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HOUSE DELEGATION TO ARGENTINA, EXPENDED BETWEEN NOV. 1 AND NOV. 16, 1998

Hon. Joe Barton ...... 11/10 11 /13 Argentina ...... 479.00 ...... 1,606.50 ...... 2,085.50 Hon. Ken Calvert ...... 11 /8 11 /13 Argentina ...... 753.00 ...... 4,555.50 ...... 5,308.50 Hon. John Dingell ...... 11/10 11/12 Argentina ...... 237.00 ...... 3,893.50 ...... 4,130.50 Hon. Jo Ann Emerson ...... 11/6 11/13 Argentina ...... 753.00 ...... 4,124.50 ...... 4,877.50 Hon. Ron Klink ...... 11 /10 11/13 Argentina ...... 479.00 ...... 1,449.50 ...... 1,928.50 Hon. Joe Knollenberg ...... 11/8 11/15 Argentina ...... 753.00 ...... 4,047.50 ...... 4,800.50 Hon. Dennis Kucinich ...... 11/7 11/13 Argentina ...... 890.00 ...... 2,292.50 ...... 3,182.50 Hon. F. James Sensenbrenner ...... 11/7 11/13 Argentina ...... 890.00 ...... 4,367.50 ...... 5,257.50 Hon. Peter DeFazio ...... 11 /10 11/14 Argentina ...... 479.00 ...... 5,843.50 ...... 6,322.50 Alssondra Campaigne ...... 11 /9 11 /14 Argentina ...... 616.00 ...... 1,605.50 ...... 2,221.50 Robert Hood ...... 11 /10 11 /14 Argentina ...... 479.00 ...... 4,319.50 ...... 4,798.50 Dennis Fitzgibbons ...... 11/9 11/13 Argentina ...... 616.00 ...... 4,367.50 ...... 4,983.50 Mark Kirk ...... 11/10 11/14 Argentina ...... 616.00 ...... 7,923.50 ...... 8,539.50 Kyle Mulhall ...... 11 /8 11 /13 Argentina ...... 616.00 ...... 1,217.50 ...... 1,833.50 Todd Schultz ...... 11 /7 11 /13 Argentina ...... 890.00 ...... 4,367.50 ...... 5,257.50 Catherine VanWay ...... 11/7 11/16 Argentina ...... 890.00 ...... 4,124.50 ...... 5,014.50 Harlan Watson ...... 11 /1 11 /14 Argentina ...... 1,986.00 ...... 4,367.50 ...... 6,353.50

Total ...... 12,422.00 ...... 64,473.00 ...... 76,895.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JAMES SENSENBRENNER, JR., Dec. 10, 1998.

AMENDED REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HOUSE DELEGATION TO ARGENTINA, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 1 AND NOV. 16, 1998

Hon. Joe Barton ...... 11/10 11 /13 Argentina ...... 479.00 ...... 1,606.50 ...... 2,085.50 Hon. Ken Calvert ...... 11 /8 11 /13 Argentina ...... 753.00 ...... 4,555.50 ...... 5,308.50 Hon. Jo Ann Emerson ...... 11/6 11/13 Argentina ...... 753.00 ...... 4,124.50 ...... 4,877.50 Hon. Ron Klink ...... 11 /10 11/13 Argentina ...... 479.00 ...... 1,449.50 ...... 1,928.50 Hon. Joe Knollenberg ...... 11/8 11/15 Argentina ...... 753.00 ...... 4,047.50 ...... 4,800.50 Hon. Dennis Kucinich ...... 11/7 11/13 Argentina ...... 890.00 ...... 2,292.50 ...... 3,182.50 Hon. F. James Sensenbrenner ...... 11/7 11/13 Argentina ...... 890.00 ...... 4,367.50 ...... 5,257.50 Hon. Peter DeFazio ...... 11 /10 11/14 Argentina ...... 479.00 ...... 5,843.50 ...... 6,322.50 Alssondra Campaigne ...... 11 /9 11 /14 Argentina ...... 616.00 ...... 1,605.00 ...... 2,221.00 Robert Hood ...... 11 /10 11 /14 Argentina ...... 479.00 ...... 4,319.50 ...... 4,798.50 Dennis Fitzgibbons ...... 11/9 11/13 Argentina ...... 616.00 ...... 4,367.50 ...... 4,983.50 Mark Kirk ...... 11/10 11/14 Argentina ...... 616.00 ...... 7,923.50 ...... 8,539.50 Kyle Mulhall ...... 11 /8 11 /13 Argentina ...... 616.00 ...... 1,217.50 ...... 1,833.50 Todd Schultz ...... 11 /7 11 /13 Argentina ...... 890.00 ...... 4,367.50 ...... 5,257.50 Catherine VanWay ...... 11/7 11/16 Argentina ...... 890.00 ...... 4,124.50 ...... 5,014.50 Harlan Watson ...... 11 /1 11 /14 Argentina ...... 1,986.00 ...... 4,367.50 ...... 6,353.50

Total ...... 12,185.00 ...... 60,579.50 ...... 72,764.50

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JAMES SENSENBRENNER, JR., Dec. 10, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HOUSE DELEGATION TO LEBANON, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 21 AND NOV. 25, 1998

Hon. Ray LaHood ...... 11/22 11/25 Lebanon ...... 250.00 ...... (3) ...... 250.00 Hon. Nick Rahall ...... 11/22 11 /25 Lebanon ...... 250.00 ...... (3) ...... 250.00 Diane Liesman ...... 11/22 11 /25 Lebanon ...... 250.00 ...... (3) ...... 250.00

Total ...... 750.00 ...... 750.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. RAY LA HOOD, Dec. 16, 1998.

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00016 Fmt 0688 Sfmt 8634 E:\BR99\H08FE9.000 H08FE9 1992 CONGRESSIONAL RECORD—HOUSE February 8, 1999 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, TRAVEL TO SOUTH KOREA, NORTH KOREA, AND JAPAN, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 5 AND NOV. 15, 1998

Deborah DeYoung ...... 11/6 11/15 South Korea, North Korea, Japan ...... 1,492.00 ...... 5,581.00 ...... 7,073.00 Total ...... 1,492.00 ...... 5,581.00 ...... 7,073.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. TONY P. HALL, Dec. 18, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, TRAVEL TO RUSSIA, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 8 AND NOV. 12, 1998

Kristan Mack ...... 11/9 11/12 Russia ...... 965.00 ...... 135.00 ...... 1,100.00 Total ...... 965.00 ...... 135.00 ...... 1,100.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. KRISTAN MACK, Dec. 8, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL TO NICARAGUA, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 29 AND DEC. 1, 1998

Hon. Solomon Ortiz ...... 11/29 12/1 Nicaragua ...... 187.50 ...... 187.50 Total ...... 187.50 ...... 187.50 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. CASS BALLENGER, Dec. 10, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, TRAVEL TO KUWAIT, TAIWAN, AND THE PHILIPPINES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 30 AND DEC. 11, 1998

Albert Santoci ...... 11/30 12/2 Kuwait ...... 676.00 ...... 676.00 12/2 12/5 Taiwan ...... 1,180.00 ...... 1,180.00 12/5 12/11 Philippines ...... 804.00 ...... 804.00 Total ...... 2,660.00 ...... 2,660.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h ALBERT M. SANTOCI, Jan. 10, 1999.

EXECUTIVE COMMUNICATIONS, 362. A letter from the Director, Office of 6058–7] (RIN: 2070–AB78) received January 27, ETC. Regulatory Management and Information, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Environmental Protection Agency, transmit- Committee on Agriculture. Under clause 8 of rule XII, executive ting the Agency’s final rule—Fenbuconazole; 365. A letter from the Director, Office of communications were taken from the Pesticide Tolerances for Emergency Exemp- Regulatory Management and Information, Speaker’s table and referred as follows: tions [OPP–300776; FRL–6054–3] (RIN: 2070– Environmental Protection Agency, transmit- AB78) received January 27, 1999, pursuant to ting the Agency’s final rule—Revocation of 360. A letter from the Administrator, Food 5 U.S.C. 801(a)(1)(A); to the Committee on Tolerances for Canceled Food Uses; Correc- and Nutrition Service, Department of Agri- Agriculture. tion [OPP–300733A; FRL–6043–7] (RIN: 2070– culture, transmitting the Department’s final 363. A letter from the Director, Office of AB78) received January 27, 1999, pursuant to rule—FOOD DISTRIBUTION PROGRAMS: Regulatory Management and Information, 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture. FDPIHO—Oklahoma Waiver Authority (RIN: Environmental Protection Agency, transmit- 0584–AB56) received January 21, 1999, pursu- 366. A letter from the Director, Office of ting the Agency’s final rule—Lambda- Regulatory Management and Information, ant to 5 U.S.C. 801(a)(1)(A); to the Committee cyhalothrin; Pesticide Tolerances for Emer- on Agriculture. Environmental Protection Agency, transmit- gency Exemptions [OPP–300780; FRL–6056–2] ting the Agency’s final rule—Partial With- 361. A letter from the Director, Office of (RIN: 2070–AB78) received January 27, 1999, drawal of Cryolite Tolerance Revocations Regulatory Management and Information, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- [OPP–300788; FRL–6058–7] (RIN: 2070–AB78) re- Environmental Protection Agency, transmit- mittee on Agriculture. ceived January 27, 1999, pursuant to 5 U.S.C. ting the Agency’s final rule—Azoxystrobin; 364. A letter from the Director, Office of 801(a)(1)(A); to the Committee on Agri- Pesticide Tolerances for Emergency Exemp- Regulatory Management and Information, culture. tions [OPP–300772; FRL–6050–6] (RIN: 2070– Environmental Protection Agency, transmit- 367. A letter from the Director, Office of AB78) received January 27, 1999, pursuant to ting the Agency’s final rule—Rescission of Regulatory Management and Information, 5 U.S.C. 801(a)(1)(A); to the Committee on Cryolite Tolerance Revocations; Final Rule, Environmental Protection Agency, transmit- Agriculture. Delay of Effective Date [OPP–300788; FRL– ting the Agency’s final rule—Diflufenzopyr;

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR99\H08FE9.000 H08FE9 February 8, 1999 CONGRESSIONAL RECORD—HOUSE 1993 Pesticide Tolerance [OPP–300778; FRL 6053–8] ceived January 27, 1999, pursuant to 5 U.S.C. to Congress of ongoing efforts to achieve sus- (RIN: 2070–AB78) received January 27, 1999, 801(a)(1)(A); to the Committee on Commerce. tainable peace in Bosnia and Herzegovina pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 377. A letter from the Director, Office of (BiH); (H. Doc. No. 106–18); to the Committee mittee on Agriculture. Regulatory Management and Information, on International Relations and ordered to be 368. A communication from the President Environmental Protection Agency, transmit- printed. of the United States, transmitting the Dis- ting the Agency’s final rule—Subtitle D Reg- 386. A letter from the Director, Defense Se- trict of Columbia Courts’ FY 2000 Budget re- ulated Facilities; State Permit Program De- curity Cooperation Agency, transmitting request; (H. Doc. No. 106–17); to the Committee termination of Adequacy; State Implementa- ports containing the 30 September 1998 sta- on Appropriations and ordered to be printed. tion Rule—Amendments and Technical Cor- tus of loans and guarantees issued under the 369. A letter from the Acting Assistant rections [FRL–6223–8] (RIN: 2050–AD03) re- Arms Export Control Act; to the Committee General Counsel for Regulations, Depart- ceived January 27, 1999, pursuant to 5 U.S.C. on International Relations. ment of Education, transmitting the Depart- 801(a)(1)(A); to the Committee on Commerce. 387. A letter from the Chairman of the ment’s final rule—Jacob K. Javits Fellow- 378. A letter from the Director, Office of Council, Council of the District of Columbia, ship Program—received January 27, 1999, Regulatory Management and Information, transmitting a copy of D.C. ACT 12–458, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Environmental Protection Agency, transmit- ‘‘Uniform Prudent Investor Act of 1998’’ re- mittee on Education and the Workforce. ting the Agency’s final rule—Nevada: Final ceived January 27, 1999, pursuant to D.C. 370. A letter from the Director, Office of Authorization of State Hazardous Waste Code section 1–233(c)(1); to the Committee on Regulatory Management and Information, Management Program Revision [FRL–6226–1] Government Reform. Environmental Protection Agency, transmit- received January 27, 1999, pursuant to 5 388. A letter from the Chairman of the ting the Agency’s final rule—Hazardous U.S.C. 801(a)(1)(A); to the Committee on Council, Council of the District of Columbia, Waste Treatment, Storage, and Disposal Fa- Commerce. transmitting a copy of D.C. ACT 12–457, cilities and Hazardous Waste Generators; Or- 379. A letter from the Director, Office of ‘‘Metropolitan African Methodist Episcopal ganic Air Emission Standards for Tanks, Regulatory Management and Information, Church Equitable Real Property Tax Relief Surface Impoundments, and Containers [IL– Environmental Protection Agency, transmit- Act of 1998’’ received January 27, 1999, pursu- 64–2–5807; FRL–6221–9] (RIN: 2060–AG44) re- ting the Agency’s final rule—Approval of ant to D.C. Code section 1–233(c)(1); to the ceived January 20, 1999, pursuant to 5 U.S.C. Section 112(1) Authority for Hazardous Air Committee on Government Reform. 801(a)(1)(A); to the Committee on Commerce. Pollutants; Perchloroethylene Air Emission 389. A letter from the Chairman of the 371. A letter from the Director, Office of Standards for Dry Cleaning Facilities; State Council, Council of the District of Columbia, Regulatory Management and Information, of California; Yolo-Solano Air Quality Man- transmitting a copy of D.C. ACT 12–467, ‘‘Ca- Environmental Protection Agency, transmit- agement District [FRL–6222–7] received Jan- thedral Way Symbolic Designation Act of ting the Agency’s final rule—Approval and uary 27, 1999, pursuant to 5 U.S.C. 1998’’ received January 27, 1999, pursuant to Promulgation of Implementation Plans; Des- 801(a)(1)(A); to the Committee on Commerce. D.C. Code section 1–233(c)(1); to the Com- 380. A letter from the Director, Office of ignation of Areas for Air Quality Planning mittee on Government Reform. Regulatory Management and Information, 390. A letter from the Chairman of the Purposes [MO 043–1043(a); FRL–6220–1] re- Environmental Protection Agency, transmit- Council, Council of the District of Columbia, ceived January 20, 1999, pursuant to 5 U.S.C. ting the Agency’s final rule—Approval and transmitting a copy of D.C. ACT 12–456, 801(a)(1)(A); to the Committee on Commerce. Promulgation of Air Quality Implementa- ‘‘Mount Calvary Holy Evangelistic Church 372. A letter from the Director, Office of tion Plans; Texas; Multiple Air Contaminant Equitable Real Property Tax Relief Act of Regulatory Management and Information, Sources or Properties [TX–71–1–7311a; FRL– 1998’’ received January 27, 1999, pursuant to Environmental Protection Agency, transmit- 6222–1] received January 27, 1999, pursuant to D.C. Code section 1–233(c)(1); to the Com- ting the Agency’s final rule—Final Approval 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Government Reform. and Promulgation of Implementation Plans; Commerce. 391. A letter from the Chairman of the California State Implementation Plan Revi- 381. A letter from the Director, Office of Council, Council of the District of Columbia, sion, Bay Area Air Quality Management Dis- Regulatory Management and Information, transmitting a copy of D.C. ACT 12–465, ‘‘De- trict [CA 102–0120; FRL–6220–2] received Jan- Environmental Protection Agency, transmit- partment of Human Services and Commis- uary 20, 1999, pursuant to 5 U.S.C. ting the Agency’s final rule—Protection of sion on Mental Health Services Mandatory 801(a)(1)(A); to the Committee on Commerce. Stratospheric Ozone: Listing MT–31 as an Employee Drug and Alcohol Testing Tem- 373. A letter from the Director, Office of Unacceptable Refrigerant Under EPA’s Sig- porary Amendment Act of 1998’’ received Regulatory Management and Information, nificant New Alternatives Policy (SNAP) January 27, 1999, pursuant to D.C. Code sec- Environmental Protection Agency, transmit- Program [FRL–6224–6] (RIN: 2060–AG12) re- tion 1–233(c)(1); to the Committee on Govern- ting the Agency’s final rule—Approval and ceived January 21, 1999, pursuant to 5 U.S.C. ment Reform. Promulgation of Air Quality Implementa- 801(a)(1)(A); to the Committee on Commerce. 392. A letter from the Chairman of the tion Plans; Texas; Reasonably Available 382. A letter from the Director, Office of Council, Council of the District of Columbia, Control Technology for Emissions of Vola- Regulatory Management and Information, transmitting a copy of D.C. ACT 12–419, ‘‘Of- tile Organic Compounds (VOC) [TX86–1–7351a; Environmental Protection Agency, transmit- fice of the Inspector General Law Enforce- FRL–6207–4] received January 20, 1999, pursu- ting the Agency’s final rule—Protection of ment Powers Temporary Amendment Act of ant to 5 U.S.C. 801(a)(1)(A); to the Committee Stratospheric Ozone: Listing 1998’’ received January 27, 1999, pursuant to on Commerce. Hexafluoropropylene (HFP) and HFP-Con- D.C. Code section 1–233(c)(1); to the Com- 374. A letter from the Director, Office of taining Blends as Unacceptable Refrigerants mittee on Government Reform. Regulatory Management and Information, Under EPA’s Significant New Alternatives 393. A letter from the Chairman of the Environmental Protection Agency, transmit- Policy (SNAP) Program [FRL–6224–7] (RIN: Council, Council of the District of Columbia, ting the Agency’s final rule—Hazardous 2060–AG12) received January 21, 1999, pursu- transmitting a copy of D.C. ACT 12–420, Waste Management System; Identification ant to 5 U.S.C. 801(a)(1)(A); to the Committee ‘‘Drug-Related Nuisance Abatement Tem- and Listing of Hazardous Waste; Final Exclu- on Commerce. porary Act of 1998’’ received January 27, 1999, sion [SW-FRL–6219–2] received January 27, 383. A letter from the Director, Office of pursuant to D.C. Code section 1–233(c)(1); to 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Regulatory Management and Information, the Committee on Government Reform. Committee on Commerce. Environmental Protection Agency, transmit- 394. A letter from the Chairman of the 375. A letter from the Director, Office of ting the Agency’s final rule—Hazardous Council, Council of the District of Columbia, Regulatory Management and Information, Waste Management System; Identification transmitting a copy of D.C. ACT 12–426, Environmental Protection Agency, transmit- and Listing of Hazardous Waste; Final Exclu- ‘‘Uniform Per Student Funding Formula for ting the Agency’s final rule—National Emis- sion [SW-FRL–6223–5] received January 21, Public Schools and Public Charter Schools sion Standards for Hazardous Air Pollutants 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Second Temporary Act of 1998’’ received Jan- from Secondary Lead Smelting [AD-FRL– Committee on Commerce. uary 27, 1999, pursuant to D.C. Code section 6227–5] (RIN: 2060–AE04) received January 27, 384. A letter from the Director, Office of 1–233(c)(1); to the Committee on Government 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Regulatory Management and Information, Reform. Committee on Commerce. Environmental Protection Agency, transmit- 395. A letter from the Chairman of the 376. A letter from the Director, Office of ting the Agency’s final rule—Approval and Council, Council of the District of Columbia, Regulatory Management and Information, Promulgation of Air Quality Implementa- transmitting a copy of D.C. ACT 12–422, Environmental Protection Agency, transmit- tion Plans; Maryland; Control of VOCs from ‘‘Board of Elections and Ethics Subpoena ting the Agency’s final rule—Approval and the Manufacture of Explosives and Propel- Authority Temporary Amendment Act of Promulgation of Air Quality Implementa- lant [MD079–3035a; FRL–6218–2] received Jan- 1998’’ received January 27, 1999, pursuant to tion Plans; Colorado; Revision to Regulation uary 21, 1999, pursuant to 5 U.S.C. D.C. Code section 1–233(c)(1); to the Com- No. 7, Section III, General Requirements for 801(a)(1)(A); to the Committee on Commerce. mittee on Government Reform. Storage and Transfer of Volatile Organic 385. A communication from the President 396. A letter from the Chairman of the Compounds [CO–001–0019a; FRL–6216–6] re- of the United States, transmitting a report Council, Council of the District of Columbia,

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR99\H08FE9.000 H08FE9 1994 CONGRESSIONAL RECORD—HOUSE February 8, 1999 transmitting a copy of D.C. ACT 12–418, Regulation: Administrative Amendments ceived January 27, 1999, pursuant to 5 U.S.C. ‘‘Arson Investigators Amendment Act of [FRL–6222–5] received January 20, 1999, pur- 801(a)(1)(A); to the Committee on Transpor- 1998’’ received January 27, 1999, pursuant to suant to 5 U.S.C. 801(a)(1)(A); to the Com- tation and Infrastructure. D.C. Code section 1–233(c)(1); to the Com- mittee on Government Reform. 416. A communication from the President mittee on Government Reform. 408. A letter from the Assistant Secretary of the United States, transmitting his eco- 397. A letter from the Chairman of the for Fish and Wildlife and Parks, Department nomic report, together with the annual re- Council, Council of the District of Columbia, of the Interior, transmitting the Depart- port of the Council of Economic Advisers, transmitting a copy of D.C. ACT 12–455, ‘‘His- ment’s final rule—Marine Mammals; Inci- pursuant to 15 U.S.C. 1022(a); (H. Doc. No. toric Motor Vehicle Vintage License Plate dental Take During Specified Activities 106—2); to the Committee on the Joint Eco- Amendment Act of 1998’’ received January (RIN: 1018–AF02) received January 25, 1999, nomic Committee and ordered to be printed. 27, 1999, pursuant to D.C. Code section 1– pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- f 233(c)(1); to the Committee on Government mittee on Resources. Reform. 409. A letter from the Director, Office of REPORTS OF COMMITTEES ON 398. A letter from the Chairman of the Sustainable Fisheries, National Marine Fish- PUBLIC BILLS AND RESOLUTIONS Council, Council of the District of Columbia, eries Service, National Oceanic and Atmos- Under clause 2 of rule XIII, reports of transmitting a copy of D.C. ACT 12–454, pheric Administration, transmitting the Ad- ‘‘Adult Education Designation Temporary ministration’s final rule—Atlantic Tuna committees were delivered to the Clerk Amendment Act of 1998’’ received January Fisheries; Atlantic Bluefin Tuna [I.D. for printing and reference to the proper 27, 1999, pursuant to D.C. Code section 1– 122198B] received January 27, 1999, pursuant calendar, as follows: 233(c)(1); to the Committee on Government to 5 U.S.C. 801(a)(1)(A); to the Committee on [Filed on February 5, 1999] Reform. Resources. Mr. BURTON: Committee on Government 399. A letter from the Chairman of the 410. A letter from the General Counsel, De- Reform. H.R. 391. A bill to amend chapter 35 Council, Council of the District of Columbia, partment of Transportation, transmitting of title 44, United States Code, for the pur- transmitting a copy of D.C. ACT 12–434, the Department’s final rule—Airworthiness pose of facilitating compliance by small ‘‘Vendor Payment and Drug Abuse, Alcohol Directives; McDonnell Douglas Model MD–11 businesses with certain Federal paperwork Abuse, and Mental Illness Coverage Tem- Series Airplanes [Docket No. 98–NM–348–AD; requirements, to establish a task force to ex- porary Act of 1998’’ received January 27, 1999, Amendment 39–10937; AD 98–25–11] (RIN: 2120– amine the feasibility of streamlining paper- pursuant to D.C. Code section 1–233(c)(1); to AA64) received January 27, 1999, pursuant to work requirements applicable to small busi- the Committee on Government Reform. 5 U.S.C. 801(a)(1)(A); to the Committee on nesses, and for other purposes (Rept. 106–8 400. A letter from the Chairman of the Transportation and Infrastructure. Pt. 1). Referred to the Committee of the Council, Council of the District of Columbia, 411. A letter from the General Counsel, De- Whole House on the State of the Union. transmitting a copy of D.C. ACT 12–453, partment of Transportation, transmitting Mr. BURTON: Committee on Government ‘‘Public School Nurse Assignment Tem- the Department’s final rule—Airworthiness Reform. H.R. 436. A bill to reduce waste, porary Amendment Act of 1998’’ received Directives; Boeing Model 727 Series Air- fraud, and error in Government programs by January 27, 1999, pursuant to D.C. Code sec- planes Modified in Accordance with Supple- making improvements with respect to Fed- tion 1–233(c)(1); to the Committee on Govern- mental Type Certificate ST00015AT [Docket eral management and debt collection prac- ment Reform. No. 97–NM–80–AD; Amendment 39–10963; AD tices, Federal payment systems, Federal 401. A letter from the Chairman of the 98–26–20] (RIN: 2120–AA64) received January benefit programs, and for other purposes Council, Council of the District of Columbia, 27, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to (Rept. 106–9 Pt. 1). Referred to the Com- transmitting a copy of D.C. ACT 12–421, the Committee on Transportation and Infra- mittee of the Whole House on the State of ‘‘Oyster Elementary School Construction structure. the Union. and Revenue Bond Act of 1998’’ received Jan- 412. A letter from the General Counsel, De- [Filed on February 8, 1999] uary 27, 1999, pursuant to D.C. Code section partment of Transportation, transmitting 1–233(c)(1); to the Committee on Government the Department’s final rule—Airworthiness Mr. YOUNG of Alaska: Committee on Re- Reform. Directives; Boeing Model 727 Series Air- sources. H.R. 193. A bill to designate a por- 402. A letter from the Chairman of the planes Modified in Accordance with Supple- tion of the Sudbury, Assabet, and Concord Council, Council of the District of Columbia, mental Type Certificate SA1444SO, Rivers as a component of the National Wild transmitting a copy of D.C. ACT 12–399, ‘‘Fis- SA1509SO, SA1543SO, SA1896SO, SA1740SO, and Scenic Rivers System (Rept. 106–10). Re- cal Year 1999 Budget Support Act of 1998’’ re- or SA1667SO [Docket No. 97–NM–81–AD; ferred to the Committee of the Whole House ceived January 27, 1999, pursuant to D.C. Amendment 39–10964; AD 98–26–21] (RIN: 2120– on the State of the Union. Code section 1–233(c)(1); to the Committee on AA64) received January 27, 1999, pursuant to Mr. TALENT: Committee on Small Busi- Government Reform. 5 U.S.C. 801(a)(1)(A); to the Committee on ness. H.R. 439. A bill to amend chapter 35 of 403. A letter from the Chairman of the Transportation and Infrastructure. title 44, United States Code, popularly Council, Council of the District of Columbia, 413. A letter from the General Counsel, De- known as the Paperwork Reduction Act, to transmitting a copy of D.C. ACT 12–460, partment of Transportation, transmitting minimize the burden of Federal paperwork ‘‘Closing of a Public Alley in Square 457, S.O. the Department’s final rule—Airworthiness demands upon small businesses, educational 90–364 Act of 1998’’ received January 27, 1999, Directives; Boeing Model 727 Series Air- and nonprofit institutions, Federal contrac- pursuant to D.C. Code section 1–233(c)(1); to planes Modified in Accordance with Supple- tors, State and local governments, and other the Committee on Government Reform. mental Type Certificate SA1767SO, persons through the sponsorship and use of 404. A letter from the Chairman of the SA1768SO, or SA7447SW [Docket No. 97–NM– alternative information technologies (Rept. Council, Council of the District of Columbia, 09–AD; Amendment 39–10961; AD 98–26–18] 106–11, Pt. 1). transmitting a copy of D.C. ACT 12–459, ‘‘Mu- (RIN: 2120–AA64) received January 27, 1999, Mr. TALENT: Committee on Small Busi- tual Holding Company Mergers and Acquisi- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ness. H.R. 440. A bill to make technical cor- tion Amendment Act of 1998’’ received Janu- mittee on Transportation and Infrastruc- rections to the Microloan Program (Rept. ary 27, 1999, pursuant to D.C. Code section 1– ture. 106–12). Referred to the Committee of the 233(c)(1); to the Committee on Government 414. A letter from the General Counsel, De- Whole House on the State of the Union. Reform. partment of Transportation, transmitting DISCHARGE OF COMMITTEE 405. A letter from the Comptroller General, the Department’s final rule—Airworthiness [The following actions occurred on February 5, transmitting List of all reports issued or re- Directives; Boeing Model 727 Series Air- 1999] leased by the GAO in December 1998, pursu- planes Modified in Accordance with Supple- Pursuant to clause 5 of rule X, the ant to 31 U.S.C. 719(h); to the Committee on mental Type Certificate SA1368SO, Government Reform. SA1797SO, or SA1798SO [Docket No. 97–NM– Committee on Small Business dis- 406. A letter from the Chairman of the 79–AD; Amendment 39–10962; AD 98–26–19] charged from further consideration. Council, Council of the District of Columbia, (RIN: 2120–AA64) received January 27, 1999, H.R. 391 referred to the Committee of transmitting a copy of D.C. ACT 12–461, ‘‘Of- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Whole House on the State of the fice of the Inspector General Law Enforce- mittee on Transportation and Infrastruc- Union. ment Powers Amendment Act of 1998’’ re- ture. Pursuant to clause 5 of rule X, the ceived January 27, 1999, pursuant to 5 U.S.C. 415. A letter from the Director, Office of following action was taken by the 801(a)(1)(A); to the Committee on Govern- Regulatory Management and Information, Speaker: the Committee on the Judici- ment Reform. Environmental Protection Agency, transmit- 407. A letter from the Director, Office of ting the Agency’s final rule—Whole Effluent ary discharged from further consider- Regulatory Management and Information, Toxicity: Guidelines Establishing Test Pro- ation. H.R. 436 referred to the Com- Environmental Protection Agency, transmit- cedures for the Analysis of Pollutants; Final mittee of the Whole House on the State ting the Agency’s final rule—Acquisition Rule, Technical Corrections [FRL–6227–4] re- of the Union.

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR99\H08FE9.000 H08FE9 February 8, 1999 CONGRESSIONAL RECORD—HOUSE 1995 Pursuant to clause 5 of rule X, the By Ms. DEGETTE (for herself, Mr. definition of single asset real estate and to Committee on the Budget discharged NORWOOD, Ms. SCHAKOWSKY, Mr. make technical corrections; to the Com- from further consideration. H.R. 437 re- SHOWS, Mr. UNDERWOOD, Mr. ENGLISH, mittee on the Judiciary. ferred to the Committee of the Whole Ms. RIVERS, and Mr. STRICKLAND): By Mr. NEY (for himself, Mr. BROWN of H.R. 617. A bill to amend the Comprehen- Ohio, Mr. KASICH, Mr. KUCINICH, Mr. House on the State of the Union. sive Environmental Response, Compensa- PORTMAN, Mr. REGULA, Mr. SAWYER, f tion, and Liability Act of 1980 to ensure full and Mrs. JONES of Ohio): TIME LIMITATION OF REFERRED Federal compliance with that Act; to the H.R. 625. A bill to amend title 38, United Committee on Commerce, and in addition to States Code, to authorize the Secretary of BILL PURSUANT TO RULE X the Committee on Transportation and Infra- Veterans Affairs to continue payment of Pursuant to clause 5 of rule X the fol- structure, for a period to be subsequently de- monthly educational assistance benefits to lowing action was taken by the Speak- termined by the Speaker, in each case for veterans enrolled at educational institutions er: consideration of such provisions as fall with- during periods between terms if the interval in the jurisdiction of the committee con- between such periods does not exceed eight [The following actions occurred on February 5, cerned. weeks; to the Committee on Veterans’ Af- 1999] By Mr. DOGGETT (for himself, Mr. fairs. H.R. 436. Referral to the Committee on the EVANS, and Mr. CRAMER): By Mr. SANDERS (for himself, Mr. Judiciary extended for a period ending not H.R. 618. A bill to provide for the adjudica- DEFAZIO, Mr. ROHRABACHER, Mr. later than February 5, 1999. tion of certain claims against the Govern- CAMPBELL, Mr. ALLEN, Mr. NADLER, H.R. 391. Referral to the Committee on ment of Iraq and to ensure priority for Mr. BERRY, Mrs. THURMAN, Mrs. Small Business extended for a period ending United States veterans filing such claims; to JONES of Ohio, Mr. STARK, Mr. OLVER, not later than February 5, 1999. the Committee on International Relations. Mr. BOUCHER, Mr. KUCINICH, Mr. LU- f By Mr. FRANK of Massachusetts: THER, Mr. WAXMAN, Ms. SCHAKOWSKY, H.R. 619. A bill to amend the Civil Rights and Ms. ROS-LEHTINEN): REPORTED BILLS SEQUENTIALLY Act of 1964 to prohibit discrimination on the H.R. 626. A bill to require persons who un- REFERRED basis of sex in programs receiving Federal dertake federally funded research and devel- Under clause 2 of rule XII, bills and fianancial assistance; to the Committee on opment of drugs to enter into reasonable reports were delivered to the Clerk for the Judiciary. pricing agreements with the Secretary of By Mr. FRANKS of New Jersey (for Health and Human Services, and for other printing, and bills referred as follows: himself, Mr. FRELINGHUYSEN, and purposes; to the Committee on Commerce. [Filed on February 5, 1999] Mrs. ROUKEMA): By Mr. SANDERS: Mr. BURTON: Committee on Government H.R. 620. A bill to direct the Secretary of H.R. 627. A bill to amend the Fair Labor Reform. H.R. 437. A bill to provide for a Chief Transportation to conduct a test to deter- Standards Act of 1938 to increase the min- Financial Officer in the Executive Office of mine the costs and benefits of requiring jet- imum wage and to provide for an increase in the President; referred to the Committee on propelled aircraft taking off from Newark such wage based on the cost of living; to the the Budget for a period ending not later than International Airport, New Jersey, to con- Committee on Education and the Workforce. February 5, 1999, for consideration of such duct ascents over the ocean, and for other By Mr. TRAFICANT (for himself, Mr. provisions of the bill as fall within their ju- purposes; to the Committee on Transpor- MURTHA, Mr. BILBRAY, and Mr. ROHR- risdiction pursuant to clause 1(c), rule X. tation and Infrastructure. ABACHER): (Rept. 106–7, Pt. 1). By Mr. HILLEARY: H.R. 628. A bill to amend title 10, United H.R. 621. A bill to provide that certain reg- States Code, to authorize the Secretary of f ulations proposed by the Comptroller of the Defense to assign members of the Armed PUBLIC BILLS AND RESOLUTIONS Currency, the Director of the Office of Thrift Forces, under certain circumstances and sub- Under clause 2 of rule XII, public Supervision, the Board of Governors of the ject to certain conditions, to assist the Im- Federal Reserve System, and the Federal De- migration and Naturalization Service and bills and resolutions were introduced posit Insurance Corporation relating to prac- the United States Customs Service in the and severally referred, as follows: tices of financial institutions shall not take performance of border protection functions; By Mr. ANDREWS: effect; to the Committee on Banking and Fi- to the Committee on Armed Services. H.R. 613. A bill to amend title 9, United nancial Services. By Mr. VENTO (for himself and Mrs. States Code, to allow employees the right to By Mr. HOUGHTON (for himself, Mr. ROUKEMA): accept or reject the use of arbitration to re- MCNULTY, Mr. TOWNS, Mr. LAFALCE, H.R. 629. A bill to amend the Community solve an employment controversy; to the Mr. FROST, Mr. KING of New York, Development Banking and Financial Institu- Committee on the Judiciary. Mr. NEAL of Massachusetts, Mr. tions Act of 1994 to reauthorize the Commu- By Mr. ARCHER (for himself, Mr. LI- HAYWORTH, Mr. HINCHEY, Mr. nity Development Financial Institutions PINSKI, Mr. THOMAS, Mr. CRANE, Mr. HINOJOSA, and Mr. WAXMAN): Fund and to more efficiently and effectively HALL of Texas, Mr. COOKSEY, Mr. H.R. 622. A bill to amend the Internal Rev- promote economic revitalization, commu- GOSS, Mr. ARMEY, Mr. ROYCE, Mr. PE- enue Code of 1986 to exclude from gross in- nity development, and community develop- TERSON of Pennsylvania, Mr. BRADY come rewards received by reason of pro- ment financial institutions, and for other of Texas, Mr. MCCOLLUM, Mr. viding information leading to the conviction purposes; to the Committee on Banking and PORTMAN, Mr. HILLEARY, Mr. of a crime to the extent that the reward is Financial Services. HOSTETTLER, Mr. BONILLA, Mr. used to compensate victims of crime; to the By Mr. FRANK of Massachusetts: TANCREDO, Mr. STUMP, Mr. LARGENT, Committee on Ways and Means. H.J. Res. 24. A joint resolution proposing Mr. CUNNINGHAM, Mr. YOUNG of Alas- By Mr. KNOLLENBERG (for himself, an amendment to the Constitution of the ka, Mr. KOLBE, Mrs. MYRICK, Mr. Mr. BACHUS, Mr. BARTON of Texas, United States to repeal the twenty-second RAMSTAD, Mr. COBURN, Mr. BURTON of Mr. CALLAHAN, Mr. CALVERT, Mr. amendment relating to Presidential term Indiana, Mr. ENGLISH, Mr. MCCRERY, CANADY of Florida, Mr. CHAMBLISS, limitations; to the Committee on the Judici- Mr. HAYWORTH, and Mr. SHADEGG): Mr. COX of California, Ms. DANNER, ary. H.R. 614. A bill to amend the Internal Rev- Mr. DELAY, Mr. DOOLITTLE, Mr. DUN- f enue Code of 1986 to expand the availability CAN, Mr. ENGLISH, Mr. EHRLICH, Mr. of medical savings accounts; to the Com- HANSEN, Mr. HASTINGS of Wash- ADDITIONAL SPONSORS mittee on Ways and Means. ington, Mr. HERGER, Mr. HOEKSTRA, By Mr. CRANE: Mr. HUTCHINSON, Mr. JOHN, Mrs. Under clause 7 of rule XII, sponsors H.R. 615. A bill to amend the Internal Rev- MYRICK, Mr. NORWOOD, Mr. PAUL, Mr. were added to public bills and resolu- enue Code of 1986 to permit early distribu- ROHRABACHER, Mr. SANDLIN, Mr. SES- tions as follows: tions from employee stock ownership plans SIONS, Mr. SMITH of Michigan, Mr. H.R. 104: Mr. CALVERT, Mr. CHAMBLISS, for higher education expenses and first-time SOUDER, Mr. STUMP, Mr. TRAFICANT, Mrs. CUBIN, Ms. DUNN of Washington, Mr. homebuyer purchases; to the Committee on and Mr. UPTON): EHRLICH, Mr. FORBES, Mr. GOODE, Mr. GOOD- Ways and Means. H.R. 623. A bill to amend the Energy Policy LING, Mr. GREEN of Wisconsin, Mr. HASTINGS H.R. 616. A bill to amend the Internal Rev- and Conservation Act to eliminate certain of Washington, Mr. HAYES, Mr. ISTOOK, Mr. enue Code of 1986 to permit 401(k) contribu- regulation of plumbing supplies; to the Com- LARGENT, Mr. MCKEON, Mr. PACKARD, and tions which would otherwise be limited by mittee on Commerce. Mr. SKEEN. employer contributions to employee stock By Mr. KNOLLENBERG: H.R. 105: Mr. COOKSEY and Mr. FORBES. ownership plans; to the Committee on Ways H.R. 624. A bill to amend section 101 of title H.R. 106: Mr. COOKSEY, Mr. FORBES, Mr. and Means. 11 of the United States Code to modify the HOSTETTLER, and Mr. SAM JOHNSON of Texas.

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H.R. 107: Mr. CALVERT, Mr. CHAMBLISS, Mr. LINDER, Mr. BARRETT of Nebraska, Mr. H.R. 373: Mr. PAUL. COOKSEY, Mr. FORBES, Mr. HOSTETTLER, Mr. HOSTETTLER, Mr. NEY, Mr. GREEN of Wis- H.R. 415: Mr. LANTOS and Mr. MARTINEZ. SAM JOHNSON of Texas, Mr. LATHAM, and Mr. consin, Mr. TRAFICANT, Mr. SHOWS, Mr. H.R. 433: Mr. SCARBOROUGH, Mr. HORN, and PAUL. GOODLATTE, Mr. NORWOOD, Mr. STUMP, Mr. Mr. MORAN of Virginia. H.R. 108: Mr. COOKSEY, Mr. FORBES, Mr. RADANOVICH, Mr. BURTON of Indiana, Mr. HOEKSTRA, and Mr. HOSTETTLER. CALVERT, Mr. STRICKLAND, and Mrs. THUR- H.R. 438: Mrs. WILSON. H.R. 150: Mr. STUMP, Mr. GIBBONS, Mr. MAN. H.R. 548: Mrs. CLAYTON, Mrs. MINK of Ha- UNDERWOOD, and Mr. MCDERMOTT. H.R. 271: Mr. RANGEL. waii, Mr. BISHOP, Ms. EDDIE BERNICE JOHN- H.R. 151: Mr. CANNON and Mr. MCINNIS. H.R. 316: Mr. NADLER, Mr. COOKSEY, Mr. SON of Texas, Mr. WAXMAN, Mr. GEJDENSON, H.R. 154: Mr. UDALL of Colorado. GOODE, and Mr. SUNUNU. Mr. GONZALEZ, Mr. CUMMINGS, Mr. MEEKS of H.R. 169: Mr. GANSKE. H.R. 351: Mr. BURTON of Indiana, Mr. COOK, New York, Ms. NORTON, Mr. OWENS, Mr. H.R. 218: Mr. PICKERING, Ms. GRANGER, Mr. Mr. SHAW, Mr. RUSH, Mr. POMEROY, Mr. SCOTT, Mr. PASTOR, Mr. WYNN, Mrs. CAPPS, HASTINGS of Washington, Mr. COLLINS, Mr. DICKEY, Mr. GREEN of Wisconsin, and Mr. Mr. UDALL of New Mexico, and Mrs. THUR- WICKER, Mr. GILMAN, Mr. SISISKY, Mr. RYUN of Kansas. MAN. TOOMEY, Mr. HALL of Ohio, Mr. TANCREDO, H.R. 355: Mr. ORTIZ. Mr. METCALF, Mr. BILBRAY, Mr. TURNER, Mr. H.R. 357: Mr. CARDIN and Mr. MASCARA. H. Con. Res. 21: Mr. RUSH.

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR99\H08FE9.000 H08FE9 February 8, 1999 CONGRESSIONAL RECORD—SENATE 1997 SENATE—Monday, February 8, 1999

The Senate met at 1:06 p.m. and was its business today, it stand in adjourn- poring through the evidence, sacrificed called to order by the Chief Justice of ment, to reconvene as a Court of Im- time with our families and subjected the United States. peachment at 1 p.m. on Tuesday, Feb- ourselves to intense political criticism f ruary 9, 1999. to further a political vendetta. We have The CHIEF JUSTICE. Without objec- done so because of our love for this TRIAL OF WILLIAM JEFFERSON tion, it is so ordered. country and respect for the Office of CLINTON, PRESIDENT OF THE UNANIMOUS-CONSENT REQUEST the Presidency, regardless of who may UNITED STATES Mr. LOTT. Mr. Chief Justice, I ask hold it. We have done so because of our The CHIEF JUSTICE. The Senate unanimous consent that the February devotion to the rule of law and our fear will convene as a Court of Impeach- 5, 1999, affidavit of Mr. Christopher that if the President does not suffer ment. The Chaplain will offer a prayer. Hitchens and the February 7, 1999, affi- the legal and constitutional consequences of his actions, the impact of PRAYER davit of Ms. Carol Blue be admitted into evidence in this proceeding. allowing the President to stand above The Chaplain, Dr. Lloyd John The CHIEF JUSTICE. Is there objec- the law will be felt for generations to Ogilvie, offered the following prayer: tion? come. Almighty God, guide the Senators Mr. DASCHLE. At this juncture in The Almanac of American Politics today as they move closer to the com- the trial, I am compelled to object. has called me ‘‘a stickler for ethics.’’ pletion of this impeachment trial and The CHIEF JUSTICE. Objection is To that, I plead guilty as charged be- confront some of the most difficult de- heard. cause laws not enforced are open invi- cisions of their lives. Give them phys- Mr. LOTT. I believe we are ready to tations for more serious and criminal ical strength and mental fortitude for proceed, Mr. Chief Justice. behavior. This trial was not caused by this day. In anticipation of Your bur- The CHIEF JUSTICE. The Chair rec- Kenneth Starr, who only did his duty den-lifting blessing, we place our trust ognizes Mr. Manager SENSENBRENNER. under a law which President Clinton in You. Mr. Manager SENSENBRENNER. Mr. himself signed. It was not caused by We renew our prayers for peace in the Chief Justice, distinguished counsel for the House Judiciary Committee’s re- Middle East. Thank You for the life the President, and Senators, I am Con- view of the independent counsel’s and leadership of King Hussein of Jor- gressman JIM SENSENBRENNER. I rep- mountain of evidence. Nor was it dan, that persistent peacemaker and resent 580,000 people in southeastern caused by the House of Representatives emissary of light in the often dim ne- Wisconsin in the U.S. House of Rep- approving two articles of impeach- gotiations for just peace. Now at this resentatives. During my entire service ment, nor by the Senate conducting a time of his untimely death, we pray for in Congress, I have served as a member trial mandated by the Constitution. the people of Jordan and for his son, of the Committee on the Judiciary of Regardless of what some may say, King Abdullah, as he assumes the im- the House of Representatives. this constitutional crisis was caused by mense challenges of leadership. In Your We are nearing the end of a long and William Jefferson Clinton and by no holy Name. Amen. difficult process. The Senate has con- one else. President Clinton’s actions, The CHIEF JUSTICE. The Sergeant sidered for the past several weeks the and his actions alone, have caused the at Arms will make the proclamation. grave constitutional responsibility to The Sergeant at Arms, James W. national agenda for the past year to be determine whether the actions of Ziglar, made proclamation as follows: almost exclusively concentrated on President Clinton merit his conviction those actions and what consequences Hear ye! Hear ye! Hear ye! All persons are commanded to keep silent, on pain of impris- and removal from office. The Senate the President, and the President alone, onment, while the Senate of the United has been patient, attentive and en- must suffer for them. States is sitting for the trial of the articles gaged throughout this unwelcome task, This trial is not about the Presi- of impeachment exhibited by the House of and for this the House managers are dent’s affair with Monica Lewinsky. It Representatives against William Jefferson grateful. The managers would also like is about the perjury and obstruction of Clinton, President of the United States. to thank the distinguished Chief Jus- justice he committed during the course The CHIEF JUSTICE. The Chair rec- tice for his patience and impartial de- of the civil rights lawsuit filed against ognizes the majority leader. meanor throughout this trial. him, and the subsequent independent Mr. LOTT. Thank you, Mr. Chief Jus- At the outset of the managers’ clos- counsel investigation authorized by At- tice. ing arguments, it is important to dis- torney General Janet Reno. ORDER OF PROCEDURE tinguish what has caused only the sec- The President has repeatedly apolo- Mr. LOTT. This afternoon the Senate ond Presidential impeachment in his- gized for his affair, but he has never, will resume consideration of the arti- tory from extraneous matters that never apologized for the consequences cles of impeachment. Pursuant to S. bear no relation to the verdict the Sen- of the perjury and obstruction of jus- Res. 30, the Senate will proceed to final ate will shortly reach. When this trial tice he has committed. Perhaps those arguments for not to exceed 6 hours, began 4 long weeks ago, we said that decisions were based upon a Dick Mor- equally divided between the House what was on trial was the truth and ris public opinion poll which told the managers and the White House counsel. the rule of law. That has not changed, President that the American people At the conclusion of those arguments despite the lengthy legal arguments would forgive his adultery but not his today, I expect the Senate to adjourn you have heard. The truth is still the perjury. Perhaps it was for another the impeachment trial until tomorrow. truth and a lie is still a lie. And the reason. Whatever the White House’s We expect tonight, when we go out of rule of law should apply to everyone no motivations were, the fact remains the impeachment trial, to have a pe- matter what excuses are made by the that the President’s apologies and the riod for legislative business so we can President’s defenders. statements of his surrogate pass a resolution or consider a resolu- The news media characterizes the contritionists have been carefully tion with regard to King Hussein. managers as 13 angry men. They are crafted for the President to continue to ORDER FOR TUESDAY, FEBRUARY 9, 1999 right in that we are angry, but they are evade and, yes, avoid responsibility for Mr. LOTT. I now ask unanimous con- dead wrong about what we are angry his deceiving the courts to prevent sent that when the Senate completes about. We have not spent long hours them from administering justice.

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

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 1998 CONGRESSIONAL RECORD—SENATE February 8, 1999 Because the President’s actions to of his office but to protect himself months—almost as good, I might say, obstruct justice are so egregious and from criminal liability for his perjury as it would have been to have been repeated, many have ignored his grand and obstruction of justice in the Jones home with my wife, children, and our jury perjury, charges before you in ar- case. new baby. ticle I. I wish to point out four glaring Over 9 years ago, the Senate removed If I might, I want to share with you examples of William Jefferson Clin- Judge Walter Nixon from office for a recent family experience. I have been ton’s perjurious, false and misleading about the same offense—lying under home just about a little over a day out statements to the grand jury and not oath to the grand jury. The vote in the of the last 3 weeks. It took my 10- at the civil deposition in the Paula Senate was 89–8 in favor of Judge Nix- month-old baby a little while to warm Jones case. on’s removal, with 48 current Senators up to me when I was home last. Later, First, the President lied under oath and Vice President GORE voting guilty. as I started packing, she realized I was to the grand jury when he falsely testi- To boot a Federal judge from office leaving again and she insisted that I fied about his attorneys’ use of a false while keeping a President in power hold her. I think she felt that if she affidavit at his deposition. Second, he after the President committed the held on, I wouldn’t disappear. Unfortu- lied under oath to the grand jury about same offense sets a double standard nately, she fell asleep during the trip his conversations with Betty Currie. and lowers the standard of what the to the airport. I know that the other Third, he lied under oath to the grand American people should expect from managers have had similar disruptions jury about what he told his aides about the leader of their country. To con- in their families. For instance, his relationship with Ms. Lewinsky, clude that the standard of Presidential CHARLES CANADY’s wife had a baby dur- knowing that those aides would be truthfulness is lower than that of a ing the trial. called to testify to the grand jury. Federal judge is absurd. To conclude I, therefore, thank my wife and chil- Fourth, he lied under oath to the grand that perjury and obstruction of justice dren, and the wives and children of all jury when he testified about the nature are acceptable if committed by a pop- of the managers for their forbearance of his relationship with Ms. Lewinsky. ular President during times of peace and support during this process. Like An ordinary citizen who lies under and prosperity sets a dangerous prece- us, they believe in the obligation we oath four times to a grand jury is sub- dent which sets America on the road have to assure good government. I ject to substantial time in a Federal back to an imperial Presidency above might say that, like us, they are grate- prison. The decision each Senator must the law. ful that the managers’ role is ending. make with respect to article I is To justify the President’s criminal For the managers, this process is al- whether the President is to pay a price behavior by demonizing those who seek most done. I hope that history will for his perjury, just like any citizen to hold him accountable ignores the judge that we have done our duty well. must. The President’s defenders and fact that President Clinton’s actions, We have been congratulated and con- spin doctors would have you believe and those actions alone, precipitated demned. But we are done. that the President told all of these lies the investigations which have brought And while our difficult role is ending, under oath to protect himself and his us here today. To keep a President in yours is just beginning. While I’m cer- family from personal embarrassment, office whose gross misconduct and tain that sitting here silently has been and even if he did tell a lie, it was not criminal actions are a well-established difficult, the truly daunting task be- that bad a lie. fact will weaken the authority of the fore you now is to conclude this trial Senators, please remember that the Presidency, undermine the rule of law, with some sense of legitimacy. For President’s grand jury appearance was and cheapen those words which have America is deeply divided, and the end over 6 months after the news media made America different from most result of an impeachment trial was de- broke the story about the President’s other nations on the Earth: Equal jus- signed by the founding fathers to salve affair with Ms. Lewinsky. By August tice under law. those wounds. Traditionally, after an 17, few people doubted that he had an For the sake of our country and for airing of the facts and a vote by the affair with her. There was little left to future generations, please find the Senate, either a President is removed hide. And he lied after practically ev- President guilty of perjury and ob- or he is vindicated. In this case, it eryone who was asked—including many struction of justice when you cast your seems, neither of those results may be of you—advised the President to tell votes. realized. While the facts are clear that the truth to the grand jury. And still Mr. CANNON. the President committed perjury and he lied. THE JOURNAL obstruction of justice, it is equally We have heard a litany of excuses, in- The CHIEF JUSTICE. The Chair rec- clear that this body may not remove cluding the President saying he was ognizes Mr. Manager CANNON. If you him from office. And from this percep- not paying a great deal of attention will wait a moment, Mr. Manager CAN- tion, you face the challenge of legiti- and that he was trying to figure out NON. If there is no objection, the Jour- mizing the end result. Your vote will what the facts were, and that he need- nal of the proceedings of the trial are end this matter. It is nonjusticiable. ed to know whether his recollection approved to date. Please go ahead. Whatever your decision is, it cannot be was right, and that he had not done Mr. Manager CANNON. Mr. Chief undone. The outcome will be right by anything wrong. And on and on. The Justice, counsel to the President, definition. But how well you do the President knew what had happened. If Members of the Senate, my name is work of divining that outcome will af- Monica Lewinsky came on to him and CHRISTOPHER B. CANNON, and I rep- fect the way we as a nation deal with made a sexual demand upon him and he resent over 600,000 people in the Third the divisions among us. rebuffed her, as he told Sidney District of Utah. To proceed in a manner that will be Blumenthal, he would have nothing to I want to begin with a couple of trusted, and viewed as legitimate by apologize for. thank-you’s. First, I thank you Sen- the American people, you must deal Senators, don’t be fooled by the ators for your attention during this se- with the differences between this pro- President’s excuses and spin control. ries of presentations. I know that you ceeding and prior impeachment trials. The facts and the evidence clearly all have deep conflicts over the matter You must do this with an obvious com- show that he knew what he was doing before you. Some of you have made mitment to your oath to do justice im- was to deceive everyone, including the strong and public statements about it. partially according to the Constitution grand jury. He and his defenders are But you have all paid extraordinary at- and the law. The law includes the rules still in denial. They will not accept the tention, and for that I thank you. and precedents of the Senate. consequences of his repeated and crimi- I also thank the other members of Senate resolution 16 made this proc- nal attempts to defeat the judicial the management team. It has been a ess different from all of the preceding process. His lies to the grand jury were remarkable experience to have been as- 13 Senate trials on impeachment, prin- not to protect his family or the dignity sociated with them during the last 5 cipally by removing from the managers

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 February 8, 1999 CONGRESSIONAL RECORD—SENATE 1999 the right to present our case as we see by our new media environment. The each of you as you seek the proper, le- fit. I suspect that the lewd subject Internet with its immediate and often gitimate outcome. May God bless you matter and the partisan fight in the unvetted content, and cable television in the process. House may have influenced your deci- with its perpetual talking heads, gave Thank you. sion. equal time and equivalency of weight The CHIEF JUSTICE. The Chair rec- But there is an integrity to the his- to the managers and the White House, ognizes Mr. Manager Gekas. toric rules and reasons for them. For with no witness testimony to constrain Mr. Manager GEKAS. Mr. Chief Jus- instance, the Senate by nature will be them. The process gave rise to the per- tice, colleagues on each side of the po- divided in the impeachment pro- ception that the ‘‘fix was in,’’ leaving dium, Members of the Senate, if I were ceedings while the managers are some to gloat at having scammed the to take some time to thank the Chief united. It is therefore easier for the situation, and others angry at being Justice for his patience in all this, managers to decide on how to present unheard. would that be counted against my their case than for the Senate. And that is the context within which time? There are other differences in this the Senate must now find a legitimate The CHIEF JUSTICE. Yes. Mr. Manager GEKAS. Then I will proceeding from historic impeachment outcome. Given the wide-ranging dis- send you a note. (Laughter.) practice before the Senate. May I list cussions of options, it is clear this is no We do offer our thanks to the Chief the changes for you with the intent to easy task. Will it be: Justice. help you focus on the goal of a conclu- Adjournment with condemnation? I come from Pennsylvania, and the sion that we, the people, will feel is le- Findings of fact about the Presi- people in my district, in the entire gitimate. dent’s behavior? State, and the people in their 49 breth- Senate resolution 16 called for a 24 A bifurcated vote to show agreement ren States across the Nation recognize hour presentation or ‘‘trial,’’ that with the articles of impeachment but that there is really only one issue, with mainly consisted of what the public not removing the President? all the fury and the tumult and the saw as the yammering of lawyers. Time A simple up or down on the articles shouting and the invective, the lan- was equally divided rather than of impeachment? guage, and just the plain shouting that sequenced as it is in a trial where open- Or a vote for acquittal followed by has occurred across the Halls of Con- ing statements are made and then evi- censure? gress and every place else in the coun- dence is put on through witnesses. In a I don’t know which, if any, of these try. trial, each side typically takes the options really makes sense. And I don’t It all swoops down the telescope to time necessary to establish its case or know of any other options. I do know one issue: Did the President utter undermine the witness through cross that the issue is grave, and that your falsehoods under oath? Everyone un- examination. After the moving party responsibility is great. derstands that. Everyone comes to the has made its case, the responding party So I am here today to ask you to set conclusion that that is a serious alle- makes it case. Time is dictated only by aside some natural inclinations for the gation that has been made through the what each side feels it needs. Each wit- good of the country. impeachment, and one which you must ness is subject to whatever cross exam- I would implore you, Senators, both judge in the final vote that you will be ination is appropriate. The case devel- Republican and Democrat, to set aside casting. ops tested piece by tested piece, and ul- partisanship, politics, polls, and per- But why is it important about wheth- timately one side prevails. sonalities and exchange them for er or not the President uttered the Here, the managers had to cut very loftier inclinations—those of ‘‘proce- falsehoods under oath? It is important important portions of our limited case. dure,’’ ‘‘policy,’’ and ‘‘precedents.’’ not just to constitute the basis of per- We had a limited number of witnesses, These are the only guidelines this body jury, as is alleged, and/or obstruction limited to video taped appearances, should have. of justice, which is alleged, but even if limited to fit an arbitrary three hour As the Senate deliberates this case I those two were not proved in all their rule. That time was lessened because would ask that a few key facts never be elements as crimes, you would still we had to reserve time for rebuttal. forgotten: have to consider a falsehood under oath According to judicial traditions, de- 1. That the President committed per- as constituting an impeachable offense. fendants have to challenge each wit- jury when he lied under oath. I say that advisedly. ness as they appear, not wrap the 2. The Senate has historically im- It starts—my contention does—with credibility of all in one wide ranging peached judges for perjury—even re- the assertions of our esteemed col- response. In these proceedings, the cently by some of you assembled here. leagues who represent the President. Senate has not had the opportunity to 3. Any American watching these pro- Time after time, and in their briefs and assess the credibility of witnesses as ceedings who commits perjury would in their statements on and off the the case developed. The White House also be punished by the law. floor, they have stated you need not then used its time with long video por- 4. If the Senate follows our Nation’s have a criminal offense for it to con- tions and small cutting accusations. precedents of punishing perjurers, and stitute an impeachable offense. They Who knows what the White House if the Senate follows its own prece- provided examples of that. They said might have done if it had been able, or dents of convicting perjurers, then that all you have to demonstrate is found it necessary, to challenge wit- there is only one clear conclusion in that an impeachable offense is one that nesses as they testified? this matter: conviction. rocks against the integrity of the sys- Another diversion from judicial and Senators, we as Americans and legis- tem of government. I am paraphrasing, Senate trial precedent was that the lators have never supported a legal sys- of course. only rebuttal for the managers was tem which has one set of laws for the I submit—and I feel this so strongly what we reserved after our video pres- ruler, and another for the ruled. After that it bothers me that I can’t make it entation and, awkwardly, in the ques- all, our very own pledge of allegiance clear—that to violate the oath as a tioning period where important, com- binds us together with the language of witness in a civil case, or a criminal plicated issues were cut off by artifi- ‘‘liberty and justice for all.’’ If that is case, in the Jones matter, or in the cial time limits, while peripheral the case, if we intend to live up to the grand jury, smashes against the integ- issues got more time than they de- oaths and pledges we take, then our rity of our system of government. served. This questioning period had the very own President must be subject to There are sundry reasons for that. unfortunate side effect of focusing the the precedents our Nation’s judicial In this case, if you follow the logic public on the partisanship of the Sen- system and this Senate body have here- and the extreme intellectual presen- ate. tofore set. tation made by White House counsel The problem of the newness of the Because I love this country and its that refutes every item that—or at- presentation format was exacerbated institutions, I pray for inspiration for tempts to refute, not refutes—attempts

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 2000 CONGRESSIONAL RECORD—SENATE February 8, 1999 to refute every item asserted by the pletely uncontradicted by the Presi- been our duty to pursue this case to its managers, if you believe all of that and dent of the United States. conclusion. are confused or in doubt about the I think they took great delight— Despite the dire warnings, scare tac- Jones case and whether lies under oath these colleagues of mine on behalf of tics and heavy-handed threats by those were committed, or at the grand jury, the President—great delight in say- who would circumvent the solemn con- you must think about this. This is, to ing—at one point they put the marquee stitutional process that we are all en- me, proof positive that the President in the sky, that in so many different gaged in, our great country has sur- uttered falsehoods under oath in all of ways when Monica Lewinsky said, ‘‘No- vived. We have finished this trial in his public stances. body told me to lie,’’ that was the case just a few weeks. The economy con- On December 23, the President, under for them. What a case they made. ‘‘No- tinues to be strong, and the Nation’s oath, answered interrogatories that body told me to lie.’’ They won the business is getting done. were sent to him by the court in the case right then and there in their But, Senators, before you turn out Jones case in which he said, in answer minds, because that was exculpatory the lights and head home, you must to the question, Have you ever had sex- and that was brandishing in this case make one final decision. It is a decision ual relations with anyone in a subordi- once and for all, Monica said, ‘‘Nobody that should not be influenced by party nate role while you were Governor of told me to lie.’’ affiliation or by politics or by personal Arkansas, or President of the United I am going to take some liberties ties. It is a decision that should be States?—this is important. At that with the Latin that I learned in school, guided by our Constitution, by our time—and the record will disclose all and we all learned in college and law laws, and by your own moral compass. of this—at that time, there was no defi- school, ‘‘falsum in unum is falsum in A few months ago I stood here in nition in front of him, no gaggle of at- toto,’’ meaning if you say something your shoes, as did all the colleagues torneys trying to dispute what word false in one phase of your testimony, here, and the colleagues in the House, meant what, no judge there to inter- more than likely the triors of fact can preparing to make what would likely pose the legal standard that should be find that you were false in all of them. be the most important vote of our ca- employed, but rather the boldfaced, Well, I am going to change that. I reers. Throughout the process, I did my naked phrase of ‘‘sexual relations’’ think I am right when I say that best to be fair, to keep an open mind. that everyone in the whole world un- ‘‘veritas in unum is veritas in toto.’’ So I listened carefully to the views of my derstands to be what it is—and the when Monica Lewinsky says, ‘‘Nobody constituents, the people who sent me President answered under oath told me to lie,’’ and that is the indomi- to Congress. I reviewed the evidence in ‘‘None.’’ table, indestructible truth that the excruciating detail. Ultimately, for I submit to the Members of the Sen- White House counsel say, that is the me, the choice was clear. I came to the ate, if the answer then, December 23, case, then it also must be ‘‘veritas in conclusion that it was my duty to sup- before ever stepping foot in the deposi- toto,’’ because when she said that she port impeachment. Now it is your turn tion of the Paula Jones case, if he gave gifts to the President, then you to cast what could be the most impor- never appeared there, or whatever he must accept that ‘‘veritas in unum is tant vote of your political careers. The said there was so clouded you can’t veritas in toto.’’ question is, Will moral fortitude or po- draw a conclusion, certainly you can That goes on and on and on. litical expediency rule the day? refer back to December 23 and see a Somebody is waving, ‘‘Cut this This past weekend, I had the oppor- starting point of a pattern of conduct short.’’ (Laughter.) tunity to spend a couple hours at my on the part of the President that It is very tough for me to do that, college alma mater, William and Mary, proves beyond all doubt that he com- but I will comply. not too far from here, down in Wil- mitted a pattern and actual falsehoods I have a witness. I call a witness to liamsburg, VA. As I walked around the under oath time and time again. bolster my part of this summation. The campus, I could not help but think If that is not enough, on January 15, witness is the American people. back to my college days and what mo- as the record will disclose, he answered Mr. Craig, in his last appearance on tivated me to seek public office in the under oath requests for documents in this podium, was delighted to be able first place. which the question is asked under to quote a poll that showed that 75 per- Back in 1972, I was a 19-year-old col- oath, to which the President recent of the people of our country felt lege student casting my first ballot in sponded, Have you ever received any that there was no need to present vid- a Presidential election. Like a major- gifts or documents from—and it men- eotapes to the Senate in the trial—75 ity of Americans that year, I voted for tioned among others Monica percent, he said with great gusto, of a Republican, Richard Nixon, for Presi- Lewinsky—and the President under the American people. dent. Four years later, however, I oath said ‘‘No’’ or ‘‘None.’’ The record Of course the polls of all types were voted for a Democrat, Jimmy Carter. will show for sure exactly what he said. quoted time and time again by the sup- This decision stemmed from my pro- But he denied that any gifts were porters of the President as showing found disappointment over Watergate transferred from, or any documents, or why you should vote to acquit. The and a strong conviction that President any items of personalty, from polls, the polls, the polls. Nixon should not have received immu- Lewinsky to the President. I now call the American people’s poll nity for his actions. I submit to you that if you are con- on whether or not they believe that the Now, just as in college, I find myself fused about that, because of the great President committed falsehoods under extremely troubled by the actions of a presentation made by the counsel for oath—80 percent of the American peo- President. In fact, as I started to think the President about the murkiness and ple—I call them to my side here at the about what I would say to you today, I cloudiness of the Jones deposition, the podium to verify to you that the Presi- wasn’t sure how to begin. How exactly maddening consequences of the Presi- dent committed falsehoods under oath. do you wrap up in 10 minutes or less ev- dent’s testimony—‘‘maddening,’’ they The CHIEF JUSTICE. The Chair rec- erything we have witnessed in the last said—then you can refer back to Janu- ognizes Mr. Manager CHABOT. year? We have seen Bill Clinton’s fin- ary 15 before the deposition, and De- Mr. Manager CHABOT. Thank you. I ger-waving denial to the American peo- cember 23, and find proof positive in am STEVE CHABOT. I represent the First ple. We have seen the President lie be- the documents already a part of the District of Ohio, which is Cincinnati. fore a Federal grand jury. We have seen case that you have to decide that, in- This week we will likely finally con- the President obstruct justice. We have deed, a pattern of falsehoods under clude this trial. Has it been difficult? seen the President hold a public cele- oath was initiated and conducted by Yes. Would we all have preferred that bration immediately following the the President of the United States. none of this ever happened? Of course. House impeachment vote. We all know That is very important. Those allega- But the President has put our Nation the President’s behavior has been rep- tions, by the way, have gone com- through a terrible ordeal, and it has rehensible.

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 February 8, 1999 CONGRESSIONAL RECORD—SENATE 2001 President Clinton, however, refuses Still others would just like to see the Asuncion, who is a student at Mother to admit what all of us know is true. process end. But regardless of their Mercy High School, who wrote to me To this day, he continues to deny and views, they are honorable people who recently: distort; he continues to dispute the un- care about our country and our future. I am writing to express my feelings on the deniable facts that are before the Sen- Now, I know that throughout the scandalous situation that has taken over the ate and before the American people. process some of the President’s more White House for the past couple of months. The President’s attorneys have done partisan defenders have harshly criti- First, I would like to state the qualities that their best to disguise the truth as well. cized the managers, the House of Rep- should be found in the President of the resentatives, and anyone who would United States. Since the President is the of- At the beginning of this trial, I pre- ficial representative of the United States, he dicted in my presentation that they dare believe the President committed should uphold the values and ideals held by would use legal smokescreens to mask any crimes. These partisan attacks the people of this country. The President the law and the facts. To their credit, have been unfortunate because I think should be honest and a trustworthy person. they produced smoke so thick that it we all know that these issues are seri- He should be a good decisionmaker, have continues to cloud this debate. But if ous and that they deserve serious con- good morals and have his priorities straight. you look through the smoke and the sideration. I know it, the American He should devote his time to the country and mirrors employed by these very able people know it, and I think you all set a good example for the people of this Na- know it, too. But despite the partisan tion. I feel that President Clinton does not lawyers, you will see the truth. The measure up to these standards. He’s lied to truth is that President Clinton lied to rhetoric of the attacks, I believe that the American people; he’s committed per- a Federal grand jury. He lied about once this trial ends, we must work to- jury. For someone in his position, this is an whether or not he had committed per- gether. unforgivable act, and he should not be al- jury in a civil deposition, about the ex- So I would ask everyone here today lowed to just walk away without a punish- tent of his relationship with a subordi- to make a commitment, a commitment ment. He has shown that he feels he can go nate Federal employee, about his to every American, that regardless of above the law, and I strongly believe the President should be impeached. coaching of his secretary, Betty Currie, the trial’s outcome, we will join to- and about the countless other matters. gether to turn the page on this unfor- I conclude by telling you, when you In my opening statement before this tunate chapter that President Clinton cast your vote, you remember that by body, I outlined the four elements of has written into our Nation’s history. your vote you are determining the les- perjury: An oath, intent, falsity, mate- The question before you now is: How son that Julia, your children and riality. In this case, all those elements will this chapter end? Will the final grandchildren will learn. So how will have been met. chapter say that the U.S. Senate this chapter end? The decision is yours. President Clinton also obstructed turned its back on perjury and obstruc- I now yield to the gentleman from justice and encouraged others to lie in tion of justice by a President of the Georgia, ROBERT BARR. The CHIEF JUSTICE. The Chair rec- judicial proceedings. He sought to in- United States, or will it say that the ognizes Mr. Manager BARR. fluence the testimony of a potentially Senate took a principled stand and told the world that no person, not even the Mr. Manager BARR. Thank you, Mr. adverse witness with job assistance, Chief Justice. and he attempted to conceal evidence President, stands above the law; that all Americans, no matter how rich, Distinguished and worthy adversarial that was under subpoena. counsel for the President, including my These truths cannot be ignored, dis- how powerful, or how well connected, are accountable for their actions, even good friend and former Georgetown law torted, or swept under the rug. Some of professor, Charles Ruff, gentlemen and the President’s partisan defenders want the President. As the father of two children and a ladies of the Senate, my name is BOB you to do just that. But it would be BARR. I represent the Seventh District wrong. It would be wrong for you to former schoolteacher myself at an inner-city school in Cincinnati, I be- of Georgia, but in a broader sense I rep- send the message to every American resent the country because I have been that it is acceptable to lie under oath lieve it is very important that we teach our children that honesty, integrity, directed, as every one of the other 12 and obstruct justice. It would be wrong managers of the House has been di- for you to tell America’s children that and the rule of law do matter. While I am in Cincinnati, I spend a rected by the American people, by a some lies are all right. It would be lot of time visiting schools throughout majority vote of the House of Rep- wrong to show the rest of the world my community. I taught the seventh resentatives, to urge you to review the that some of our laws don’t really mat- and eighth grades back in Cincinnati. evidence and issue a verdict of convic- ter. When I go there, I go to elementary tion on the two articles of impeach- I must agree with Phyllis and Jack schools, I go to junior highs, I go to ment passed by the House of Rep- Stanley, constituents of mine who live high schools; and I have been doing resentatives. in my district, who wrote me a letter this for a number of years. Do you Two days ago, all of us celebrated the saying, and I quote: know what is inevitably one of the birthday of former President Ronald We believe that President Bill Clinton questions that the kids will ask me al- Reagan. During his first year in office, should definitely be impeached for the sake most every time? It is, ‘‘Have you ever on May 17, 1981, this president, known of the country. If he is not impeached, will for giving voice to America’s best and not the rule of law in this country be weak- met the President of the United ened? We do not feel glee over the prospect of States?’’ most decent instincts, spoke to the President Clinton’s impeachment, however. Now, why do kids ask that question? American people from Notre Dame For the sake of coming generations, ac- Because our kids understand how im- University. Though spoken nearly 18 knowledging that integrity, honor and de- portant the Office of the Presidency is. years ago, and clearly not in con- cency matter greatly is very important, es- The person who occupies that office templation of an impeachment, the pecially in the highest office of the land. owes it to the children of this Nation former President’s words provide guid- Like most of you, I have spent count- to treat the office with respect. In the ance for you here today. less hours at grocery stores, shopping past, when those kids asked me that It was that date that President malls, in schools, in my church talking question, they asked me that question Reagan spoke of a certain principle; to my constituents. I have also read out of pride and respect. They looked and in so doing, he quoted another thousands of letters that have been up to the office. They looked up to ev- giant of the 20th century, Winston sent to my office, just as we all have. erything the office represents. Bill Churchill. Specifically, President What I have heard and read doesn’t Clinton has let our children down, and Reagan spoke of those who derided surprise me. People in Cincinnati, OH, that is one of the greatest things that simple, straight-forward answers to the have a variety of views on what the ul- bothers me. It is the effect this will problems confronting our country; timate verdict should be by this body. have on the children of this Nation. those who decried clarity and certainty Many want the President removed Let me conclude with a statement of principle, in favor of vagueness and from office. Others want a censure. that I received from a student, Juliette relativism. He said:

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 2002 CONGRESSIONAL RECORD—SENATE February 8, 1999 They say the world has become too com- President, lies under oath by the Presi- our Nation’s security caused him re- plex for simple answers. They are wrong. dent. These reflect President Clinton’s cently on CNN to raise grave concerns There are no easy answers, but there are behavior; President Clinton’s inten- over our Nation’s security because of simple answers. We must have the courage to tions; President Clinton’s actions; and the reckless conduct of this President. do what is morally right. Winston Churchill said that, ‘‘the destiny of man is not meas- President Clinton’s benefit. Not Will the principles embodied in our ured by material computation. When great through the eyes of false theories; but Constitution and our laws be re- forces are on the move in the world, we learn by the evidence through the lens of affirmed; wrested from the pallid hands we are spirits—not animals.’’ And he said, common sense. of pollsters and pundits, and from the ‘‘there is something going on in time and You’ve heard tapes, and read volumes swarm of theorists surrounding these space, and beyond time and space, which, of evidence. Not pursuant to the proc- proceedings? Will they be taken up by whether we like it or not, spells duty.’’ ess we as House Managers would have you, and placed squarely and firmly Duty. A clear, simple concept. A preferred, but much evidence nonethe- back in the hands of Thomas Jefferson, foundational principle. less, has been presented. Alexander Hamilton, James Madison, Your duty is clearly set forth in your Many are saying, with a degree of George Washington, Abraham Lincoln, oath; your oath to do impartial justice certainty that usually comes only from Martin Luther King, Jr., and so many according to the Constitution and the ignorance, that there’s nothing I or other true statesmen of America’s her- law. any of us can say to you today, on the itage? Principles that have stricken In the past month, you have heard eve of your deliberations, to sway your down bigotry, tyrants, and dema- much about the Constitution; and minds. I beg to differ with them. More- gogues; principles that, through open about the law. Probably more than over, we have been directed by the peo- and fair trials, have saved the innocent you’d prefer; in a dizzying recitation of ple of this country, by a majority vote from the hangman’s noose; and like- the U.S. Criminal Code: 18 U.S.C. 1503. of the House of Representatives, to ful- wise have sent the guilty, clothed in 18 U.S.C. 1505. 18 U.S.C. 1512. 18 U.S.C. fill and reaffirm a constitutional proc- due process, to then ether regions. 1621. 18 U.S.C. 1623. Tampering. Per- ess, and to present evidence to you, and It is principle, found and nurtured in jury. Obstruction. That is a lot to di- argue to you. our Constitution and our laws, that gest, but these are real laws and they There is much, in urging a vote for you are now called on to both use and are applicable to these proceedings and conviction, that can be gained by turn- reaffirm. to this President. Evidence and law, ing to, and keeping in mind, President Not only America is watching, the you have seen it and you have heard it. Reagan’s words to America, to do duty: world is, too. And, for those who say You’ve also seen and heard about Duty unclouded by relativism, people from foreign lands look down on straw men raised up by the White unmarred by artificiality. Duty that this process and deride this process, I House lawyers, and then stricken down lives on after your vote—just as Amer- say, ‘‘not so.’’ mightily. You’ve heard them essen- ica will live on and prosper after a vote Let me speak briefly of a man not tially describe the President alter- to convict. Duty untainted by polls. born in this country, but a man who nately as victim or saint. You’ve heard The country’s fascination with polls has made this his country. A man born even his staunchest allies describe his has wormed its way even into these not in Atlanta, Georgia, though At- conduct as ‘‘reprehensible.’’ Even some proceedings when, just a few days ago, lanta is now his home. A man born of you, on the President’s side of the we heard one of the White House law- many thousands of miles away, in Eri- aisle, have concluded, ‘‘there’s no ques- yers cite polls as a reason not to re- trea. A man to who President Reagan tion about his having given false testi- lease the videotapes. surely was in a sense speaking, both in mony under oath and he did that more Polls played no role in the great deci- 1981 when he spoke of America’s eter- than once.’’ sions, decisive decisions that make nal sense of duty, and in January 1985, There has also been much smoke America a nation and kept it a free and when he spoke of the ‘‘American churned up by the defense. strong nation. Polls likewise played no sound’’ that echoes still through the Men and women of the Senate, role in the great trials of our nation’s ages and the continents. Monica Lewinsky is not on trial. Her history that opened schools equally to The man whose words I quote is a conduct and her intentions are not at all of America’s children, or that pro- man who watches this process through issue here. Vernon Jordan is not on vided due process and equal protection the eyes of an immigrant, Mr. Seyoum trial and his conduct and his intentions of the laws for all Americans, regard- Tesfaye. I have never met Mr. Tesfaye, are not at issue here. William Jefferson less of economic might or political but I have read his works. He wrote, in Clinton is on trial here. His behavior, power. the Atlanta Journal and Constitution, his intentions, his actions—these and Yet, it is in many respects polls that just 3 days ago, on February 5th, that only these are the issues here. When threaten to become the currency of po- this impeachment process ‘‘is an exam- the White House lawyers raise up as a litical discourse and even of judicial ple of America at its best . . . a core straw man that Vernon Jordan may process as we near to enter the 21st constitutional principle that pro- have had no improper motive in seek- century. foundly distinguishes America from al- ing a job for Ms. Lewinsky; or that Your duty, which I know you recog- most all other nations.’’ He noted with- there was no formal ‘‘conspiracy’’ nize today, is and must be based not on out hyperbole, that this process, far proved between the President and polls or politics, but on law and the from being the sorry spectacle that Vernon Jordan; or that Ms. Lewinsky Constitution. In other words, principle. many of the President’s defenders have says she did not draw a direct link be- What you decide in this case, the tried to make it, truly ‘‘is a hallmark tween the President’s raising the issue case now before you, will tell America of representative democracy,’’ re- of a false affidavit and the cover sto- and the world what it is we have, as a affirming the principle that ‘‘no man is ries, keep in mind, these are irrelevant foundation for our Nation, not just above the law—not even the Presi- issues. When the White House lawyers today, but for ages to come. It will tell dent.’’ strike these theories down, even if you us and this Nation weather these seats These are not the words of the House were to conclude they did, they are here today will continue to be filled by Managers; though they echo ours. striking down nothing more than irrel- true statesmen. Whether these seats These are not the words of a partisan. evant straw men. will continue to echo with the booming These are the words of an immigrant. What stands today, as it has through- principles, eloquence and sense of duty A man who came to America to study, out these proceedings, are facts—a of Daniel Webster, John Calhound, and has stayed to work and pay taxes false affidavit that benefits the Presi- Everett Dirksen, ROBERT BYRD. I would just as millions of us do every day. dent, the coaching of witnesses by the add to that list of statesmen my fellow Men and women of the United States President, the secreting of subpoenaed Georgians and your former colleague, Senate, you must, by affirming your evidence that would have harmed the Sam Nunn, whose concern for duty and duty to render impartial justice based

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 February 8, 1999 CONGRESSIONAL RECORD—SENATE 2003 on the Constitution and the law, reaf- Constitution and the laws. You should high crimes and misdemeanors have firm those same laws and that very follow this prescription: Find the occurred, but for some reason you have same Constitution, which drew Mr. truth, define the facts, apply the law, this desire not to remove the Presi- Tesfaye and countless millions of other give reverence to the Senate precedent, that desire, though, does not immigrants to our shores over the dents while defending the Constitution. square with the law, the Constitution, ages. This is not a comfortable task for But I submit, it is the integrity of your and the Senate’s precedents for remov- any of us. But, as Martin Luther King, oath in which you must regulate to up- ing Federal judges for similar offenses. Jr., correctly noted, in words that hold the principle of equal justice So long as William Jefferson Clinton hangs on my office wall, and perhaps under the law. is President, the only mechanism to on some of yours, it is not in ‘‘times of During the question-and-answer hold him accountable for his high comfort and convenience’’ that we find phase with the Chief Justice on Satur- crimes and misdemeanors is the power the measure of a man’s character, but day, January 23, I stood in the well of of impeachment and removal. The Con- in times of ‘‘conflict and controversy.’’ the Senate and recommended that you stitution is very clear. You cannot vin- This is such a defining time. vote on findings of fact. I want to clear dicate the rule of law by stating high Obstruction of justice and perjury the record of my intent of the rec- crimes and misdemeanors have oc- must not be allowed to stand. Perjury ommendation. It has been grossly dis- curred, but leave the President in of- and obstruction cannot stand alongside torted. fice subject to future prosecution after the law and the Constitution. It is not to establish the guilt, as his term is expired. By your oath, you must, like it or some have alleged. A finding of fact is Without respect for the law, the not, choose one over the other, up or not a finding of fiction. On the con- foundation of our Constitution is not down, guilt or acquittal. I respectfully trary, it is to prevent decisions by secure. Without respect for the law, submit on behalf of the House of Rep- triers of fact from basing their judg- our freedom is at risk. resentatives and on behalf of my con- ment on fiction or chance or politics. The President is answerable for his stituents in the Seventh District of The Chief Justice ruled that you are alleged crimes to the Senate here and Georgia that the evidence clearly es- triers of fact, and since this constitu- now. Moreover, if criminal prosecution tablishes guilt and that the Constitu- tional proceeding of impeachment is and not impeachment is the way to tion and laws of this land demand it. more like a civil proceeding than a vindicate the rule of law, then the Sen- I thank the Members of the Senate criminal trial, I bring to your atten- ate would never have removed other and yield to Mr. Manager BUYER. tion rule 52 of the Federal Rules of civil officers such as Federal judges, The CHIEF JUSTICE. The Chair rec- Civil Procedure that provides, in perti- who are not insulated from criminal ognizes Mr. Manager BUYER. nent part, that when a judge sits alone prosecution while holding office. Mr. Manager BUYER. Thank you, as a trier of fact, he or she is required Thus, in providing for criminal pun- Mr. Chief Justice. to set down in precise words the facts ishment after conviction and removal Mr. Chief Justice, distinguished as he or she finds them. This require- from office, it was the Framers who in- counsel and Senators, my name is ment is mandatory and cannot be sured that the rule of law would be vin- STEVE BUYER, House manager, from waived by the parties of Federal prac- dicated both in cleansing the office and Monticello, IN. I represent 20 counties tice. in punishing the individual for the between South Bend and Indianapolis. I A memorandum of findings of fact is will not try to claim the cornerstone of criminal act. not a radical concept to American ju- I have asked myself many times how Hoosier common sense. Mr. Kendall risprudence. It is customary and habit- allowing a President to remain in of- would wrestle me for that cornerstone. ually used in State and Federal courts fice while having committed perjury But as a former criminal defense attor- all across this land. Since you sit col- and obstruction of justice is fair to ney, I want to take a moment and com- lectively as a Court of Impeachment, those across the country who are sit- pliment the White House counsel and as the triers of fact, I recommended the ting in jail for having committed the Mr. Kendall for doing your best to de- findings of fact to guarantee that you same crimes. I have had the fairness fend your client in the face of over- have carefully reviewed the evidence argument thrown into my face consist- whelming facts and compelling evi- and have a rational basis for your final ently. dence. (Laughter.) judgment. Fairness is important. Fairness is Your role here—a side comment To claim that findings of fact is un- something that is simple in its nature here—your role here is much easier, constitutional is false. The Supreme and is powerful in the statement that though, in a Court of Impeachment as Court has consistently permitted the it makes. A statement which you send opposed to a criminal court of law. Senate to shape the contours and the carries us into tomorrow and becomes As a former Federal prosecutor, I due process of an impeachment trial. our future legacy. compliment Chairman HENRY HYDE and The Senate owes the American peo- If you vote to acquit, think for a mo- my colleagues, the House managers, ple and history an accounting of the ment about what you would say to who have embraced and given life stubborn facts. those who have been convicted of the meaning of the rule of law and pre- I would like to comment on some same crimes as the President. sented this case to the Senate in a pro- statements. What would you say to the 182 Ameri- fessional, thorough, and dignified man- I have heard some Senators state cans who were sentenced in Federal ner. publicly that they are using the stand- court in 1997 for committing perjury? I assure you, the House managers ard of beyond a reasonable doubt. But What would you say to the 144 Ameri- would not have prosecuted the articles the Senate has held consistently that cans who were sentenced in Federal of impeachment before the bar of the the criminal standard of proof is inap- court in 1997 for obstruction of justice Senate had we not had the highest de- propriate for impeachment trials. The and witness tampering? gree of faith, belief and confidence result of conviction in an impeachment Would you attempt to trivialize the that, based on the evidence, the Presi- trial is removal from office; it is not evidence and say, ‘‘This case was only dent committed high crimes and mis- meant to punish. You are to be guided about lying about sex’’? demeanors which warrant his removal by your own conscience, not by the I want to cite the testimony before from office. criminal standard of proof of beyond a the House Judiciary Committee of one As you come to judgment, I rec- reasonable doubt. woman who experienced the judicial ommend you square yourself with your I have also heard some Senators from system in the most personal sense, and duty first. both sides of the aisle state publicly, ‘‘I that is the testimony of Dr. Barbara On January 7, I witnessed as the think these offenses rise to the level of Battalino. I think it is compelling. Chief Justice administered your oath high crimes and misdemeanors.’’ To She held degrees in medicine and law, to do impartial justice according to the state publicly that you believe that and Manager ROGAN showed some of

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 2004 CONGRESSIONAL RECORD—SENATE February 8, 1999 the testimony just the other day. You You see, ladies and gentlemen, with- for rebuttal. I recognize that proce- see, she was prosecuted by the Clinton out choice we were all born free, and dural niceties have not necessarily Justice Department and convicted for we inherited a legacy of liberty at characterized the way this trial has obstruction of justice because of her lie great sacrifice by many who have come gone forward. But I do believe—and under oath about one act of consensual before us. We cannot collectively as a this is the only time today I will say oral sex with a patient on VA premises. free people enjoy the liberties without this, I promise—that kind of prosecu- Her untruthful response was made in a measured personal restraint. And that torial gambit is symptomatic of what civil suit which was later dismissed. In is the purpose of the rule of law. It is we have seen before in these last a legal proceeding, Dr. Battalino was the function of the courts to uphold weeks—wanting to win too much. asked under oath: ‘‘Did anything of a the dignity of that prescription and the Now, that said, let me begin where I sexual nature take place in your office God-given liberties of all of us. That is intended to begin. We are taking the on June 27, 1991?’’ how we are able to carry this Nation last steps along a path that, for most Her one word reply, ‘‘No,’’ convicted forward in the future generations. of us, has seemed to be unending. In- her and forever changed her life. So in light of the historic principles deed, some of us may have a sense that Her punishment? She was convicted regarding impeachment, the over- we have gone well beyond ‘‘Yogi Berra of a felony, forced to wear an elec- whelming evidence to the offenses al- land’’ to deja vu all over again and all tronic monitoring device, and is pres- leged, and the application of the Sen- over again and all over again. I ently on probation. She lost her license ate precedents, I believe it makes it thought long and hard as I thought to practice medicine and her ability to very clear that our President—who has about what I was going to say today, practice law. shown such contempt for the law, the and how I could be of most help to you Our prisons hold many who are truly dignity and the integrity of the office as you make this momentous decision contrite, they are sorry, they feel pain of the Presidency that was untrusted that will soon be entrusted to you. I for their criminal offenses, and some to him—must be held to account; and momentarily considered whether the whose victims have even forgiven it can only be by his removal from of- answer to that question was simply to them, others who were very popular fice. yield back my time, but I weighed that citizens and had many friends and The House managers reserve the re- against the special pleasure of stretch- apologized profusely, but they were mainder of our time. ing out our last hours with you. still held accountable under the law. The CHIEF JUSTICE. Very well. (Laughter.) Just like the President is acclaimed The Chair recognizes the White Or as Ernie Banks would have said, to be doing a good job, many in prison House counsel. ‘‘It’s such a nice day, let’s play two.’’ today were doing a good job in their Mr. Counsel RUFF. Mr. Chief Justice, (Laughter.) chosen professions. None of our laws thank you. But cursed as I am with lawyerly in- provides for good job performance, con- I wonder, Mr. Majority Leader, stincts, I decided to compromise. I trition, forgiveness, or popularity polls whether we might take a brief break promise you as much brevity as I can as a remedy for criminal conduct. because there is going to need to be manage, even if not much wit, while These were the closing lines of Dr. some rearrangement of furniture here. making a few final points that I think Battalino’s opening statement before The CHIEF JUSTICE. The Chair rec- you need to carry with you as you go the House Judiciary Committee: ognizes the majority leader. into your deliberations. We all make mistakes in life. But, common Mr. LOTT. I was hesitant to suggest Now, you have heard the managers’ frailty does not relieve us from our responsi- it too early today, Mr. Chief Justice. vision—or at least some part of it—of bility to uphold the Rule of Law. Regardless, (Laughter.) the process we have been engaged in this nation must never let any person or peo- RECESS and the lessons we have learned and ple undermine the Rule of Law.... If lib- Mr. LOTT. But on the request of what it will look like at the end of our erty and justice for all does not reign, we— counsel, I ask unanimous consent we journey. I respect them as elected Rep- like great civilizations before us—will surely resentatives of their people and as wor- perish from the face of the earth. take a 10-minute recess. And please return quickly to the Chamber so we can thy adversaries. But I believe their vi- What you would say to Dr. Battalino get back to business. sion could be too dark, a vision too lit- and others similarly situated is very There being no objection, at 2:12 p.m. tle attuned to the needs of the people, important because fairness is impor- the Senate recessed until 2:35 p.m.; too little sensitive to the needs of our tant. whereupon, the Senate reassembled democracy. I believe it to be a vision Alexander Hamilton, writing not when called to order by the Chief Jus- more focused on retribution, more de- long after the Constitution was adopt- tice. signed to achieve partisan ends, more ed, well expressed the harm that would The CHIEF JUSTICE. The Chair rec- uncaring about the future we face to- come to our Republic from those who, ognizes Mr. White House Counsel Ruff. gether. by example, undermine respect for the Mr. Counsel RUFF. Thank you, Mr. Our vision, I think, is quite different, law. In a statement that bears repeat- Chief Justice. Mr. Chief Justice, man- but it is not naive. We know the pain ing, Hamilton wrote: agers of the House, ladies and gentle- the President has caused our society If it were to be asked, What is the most sa- men of the Senate, I can’t resist begin- and his family and his friends. But we cred duty and the greatest source of security ning, following the lead of my col- know, too, how much the President has in a Republic? The answer would be, an invi- leagues across the well here, by telling done for this country. And more impor- olable respect for the Constitution and Laws—the first growing out of the last.... you that my name is Charles Ruff and tantly, we know that our primary obli- Those, therefore, who . . . set examples, I am from the District of Columbia, gation, the duty we all have, is to pre- which undermine or subvert the authority of and we don’t have a vote in the Con- serve that which the founders gave us, the laws, lead us from freedom to slavery; gress of the United States. (Laughter.) and we can best fulfill that duty by they incapacitate us from a government of I truly did not intend to begin quite carefully traveling the path that they laws.... this way, but I must. I don’t think laid out for us. President Clinton, by his persistent there is a court in the land where a Now, you have heard many speeches and calculated misconduct and illegal prosecutor would be able to stand up over the past few weeks about high acts, has set a pernicious example of for one-third of his allotted time, speak crimes and misdemeanors. As I look lawlessness, an example which, by its in general terms about what the people back on the arguments and the very nature, subverts respect for the are entitled to and what the rule of law counterarguments, it seems to me that law. His perverse example inevitably stands for—as important as all of that really very little can be gained by re- undermines the integrity of both the may be—and sit down and turn to the peating them; for when all is said and office of the President and the judicial defense counsel and ask that defense done, what they mean is this: The process. counsel go forward, reserving 2 hours Framers chose stability. They made

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 February 8, 1999 CONGRESSIONAL RECORD—SENATE 2005 impeachment and removal constitu- at just a few of these arguments as such an argument were to be weighed tional recourses of last resort. The they were advanced in the managers’ in the constitutional balance, Manager question that the managers appear to opening and not really addressed in- MCCOLLUM was simply not being candid have asked—and I am unable to tell stead. with you, for he failed to explain that you what they will ask today—is First, a historical item, that Black- under these same guidelines a bribe of, whether perjury or obstruction of jus- stone in his commentary listed bribery let’s say, $75,000 taken by an elected of- tice in the abstract are impeachable of- and perjury and obstruction of justice ficial, or a judge for that matter, auto- fenses. That is not the question you under the same heading of ‘‘offenses matically carries an offense level of 24, must answer. against public justice’’; second, a mod- or twice that of perjury, and a prison Nor must you assume, as the man- ern statutory equivalent of that argu- sentence four to five times longer. agers appear to, that because judges ment that under the sentencing guide- The drafters of our guidelines, to the are removed for having committed per- lines we actually treat perjury more extent that Mr. MCCOLLUM asked you jury, a President must be removed as severely than we do bribery; and, to look at them, full well understand well. That is not what the rule of law third—this is a theme you have heard the special gravity of bribes taken by requires. The rule of law and even- throughout these proceedings, what I the country’s leaders, and to distin- handed justice is something more than will call the ‘‘system of justice argu- guish that offense from the offenses, a simple syllogism. You must decide ment’’—that the President’s conduct, if even at best, that are before you now. whether on these facts arising out of he is not removed, will somehow sub- Lastly is this system of justice argu- these circumstances this President has vert enforcement of our civil rights ment—the notion that somehow Presi- so endangered the state that we can no laws. dent Clinton has undermined our civil longer countenance his remaining in But all of these arguments are mere rights laws. Well, whatever I might say office. subterfuge, offered because the man- could not match the eloquence of my I think in their hearts the managers agers knew that to make any plausible colleague, Ms. Mills, and, therefore, I do not truly disagree. Whatever they case for removal they must bring these will not attempt fate by venturing fur- have been able to glean from the his- articles within the very small circle of ther into that territory. torical record or more modern scholar- offenses that the Framers believed I really do not want to become fur- ship, they cannot in the end avoid the were truly dangerous to the state. ther immersed in the minutia here. On conclusion that removal of the Presi- First, Blackstone: It is true that the this. I do agree with the managers. We dent is not something that the Fram- commentaries rate perjury as among 21 cannot lose sight of the constitutional ers took lightly. Indeed, two of their offenses against public justice. Nota- forest for some of the analytical trees. There is only one question before own witnesses in the Judiciary Com- bly, however, Blackstone ranks the 21 you, albeit a difficult one, one that is a mittee, Professor Van Alstyne and in order of seriousness, or, as he puts question of fact, and of law and con- Judge Wiggins, tried to make it clear it, ‘‘malignity.’’ No. 1 on the list, a stitutional theory. Would it put at risk to them that even if they were to find most malignant offense, is a felony the liberty of the people to retain the that the offenses described in the inde- that I have to admit is unknown to President in office? Putting aside par- pendent counsel’s referral as being me—that of vacating records. No. 6 is tisan animus, if you can honestly say committed, another decision had to be returning from transportation, also an that it would not, that those liberties offense rarely seen in our modern soci- made. That decision was whether in are safely in his hands, then you must ety. Nos. 10 and 12 are barratry, main- the interest of society the President vote to acquit. should be impeached. As Professor Van tenance and champerty, especially dear Each of you has a sense of this in Alstyne put it, in words, that I admit to me because they involve my profes- your mind and your heart better than are unflattering to my client but none- sion, but rarely viewed these days, I anything I can convey, or I suspect theless makes the point: ‘‘In my own think you will agree. And, at No. 15 is anything better than my colleagues opinion,’’ he said, ‘‘I regard what the perjury. could convey to you. And I will not un- President did, that which the Special If, as Madison told us, Blackstone dertake to instruct you further on this Counsel report declared, are crimes of was in the hands of every man, what issue. such a low order that it would unduly does that tell us about why the Fram- Just as we ultimately leave that flatter the President by submitting ers chose treason and bribery and other question in your hands, we leave to the him to trial in the Senate, I would not high crimes and misdemeanors as the conscience of each Member the ques- bother to do it.’’ grounds of impeachment? It tells us tion of what standard of proof you I read that statement to you, not ob- that they fully understood that com- apply. Despite Congressman BUYER’s viously because the professor and I are parative gravity of offenses against exhortation to the contrary, this body on the same side of the political divide public justice, and, nonetheless, chose has never decided for any of you what or have the same view of the Presi- only those that truly pose that danger standard is appropriate or what stand- dent’s conduct, but because it is impor- to the state—treason, for obvious rea- ard is inappropriate. Each Senator is tant, I think, to understand, as I fear sons, and bribery because to them the left to his or her own best judgment. the managers do not, that the Framers risk that the executive would sell him- I suggested to you when I last spoke full well understood what they were self to a foreign country, for example, to you that I believe you must apply a doing when they drafted the impeach- was much more than mere speculation. standard sufficiently stringent to en- ment provision of the Constitution. And then other high crimes of similar able you to make this most important They consciously chose not to make all severity. decision with certainty and in a man- misconduct by the President a basis for As to the lesson to be learned from ner that will ensure that the American removal; they chose instead only that the more modern day, the sentencing people understand that it has been conduct that they viewed as most seri- guidelines, Manager MCCOLLUM argued made with that certainty. ous, as most dangerous, to our system to you a few weeks ago that those to This is not an issue as to which we as of government. whom you have given the responsi- a people and we as a Republic can be in As I said, I think in their hearts the bility to assess the comparative sever- doubt. managers recognize the force of it. But ity of crimes have concluded that per- Let me move to the articles. Just as they have argued to you that perjury jury is at least as serious a crime as you have listened patiently to our de- and obstruction really should be treat- bribery. That decision, he told you, is bate about the meaning of ‘‘high ed as the equivalent of treason and evidenced by the commission’s decision crimes and misdemeanors,’’ you have, bribery and the danger that they pose to assign perjury an offense level of 12, as well, heard seemingly endless dis- to our society. They have offered on or approximately 1 year in prison, and course about the specific details of the this much rhetoric and a few sub- to bribery an offense level slightly various matters that the managers al- stantive arguments. And I want to look below that. But even to the extent that lege constitute grounds for removal. I

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 2006 CONGRESSIONAL RECORD—SENATE February 8, 1999 will strive, therefore, not to be unduly Now, just to give you an example of I heard him say: repetitive more than is at least abso- how rapidly the target can move, you The President’s statement was inten- lutely necessary. will recall that in describing the inci- tionally misleading when he described being My colleagues, last Saturday and in dents of perjury allegedly committed alone with Ms. Lewinsky only on certain oc- their earlier presentations, have done by the President, the managers made casions. my work for me, but I want to focus for much of the preliminary statement he And I heard him say: just a little while on those aspects of read to the grand jury, including the The President’s statement was inten- the managers’ presentation that merit use of the words ‘‘occasionally,’’ and tionally misleading when he described his your special attention or those that ‘‘on certain occasions’’ to describe the telephone conversations with Monica have been particularly elucidated or, frequency of certain conduct and made Lewinsky as occasional. for that matter, beclouded by the testi- the general allegation that the state- That is what I heard when Manager mony you heard and watched on Satur- ment was itself part of a scheme to de- ROGAN spoke to you a few weeks ago. day. ceive the grand jury. Now, I know it is unusual to be given As we start this discussion, let me Yet, strangely, when Mr. Manager a bill of particulars on television, but offer you a phrase that I hope you will ROGAN was asked about these very maybe that is part of the modern liti- remember as I move through the arti- charges as late as January 20, he quite gation age. cles with you. That phrase is ‘‘moving clearly abandoned them. And so as to article I’s charge, now targets and empty pots.’’ ‘‘Moving tar- I direct your attention to the exhib- that this is off the books, that the gets,’’ ever-shifting theories, each one its before you and to the charts. Ap- President perjured himself concerning advanced to replace the last as it has pearing on television on January 20, his relationship with Ms. Lewinsky, we fallen, fallen victim to the facts. with Chris Matthews, this is what tran- are once again left with the claim that ‘‘Empty pots,’’ attractive containers, spired: he lied about touching, about his de- but when you take the lid off you find MATTHEWS. . . . now defend these—these nial that he engaged in conduct that nothing to sustain them. elements—one, that the president lied when fell within his subjective under- Now, I used the term, ‘‘empty ves- he said he had had these relationships with standing of the definition used in the sels,’’ in my opening presentation, but her on certain occasions. Is that the lan- Jones deposition—this in the course of guage? it since struck me that that was much Rep. ROGAN. That is the . . . testimony, Members of the Senate, in too flattering and might even suggest MATTHEWS. And—and why is that per- which the President had already made that they had the capacity to float, jurious—perjurious? the single most devastating admission which they don’t. Rep. ROGAN. In fact, I’m not—I don’t that any of us can conceive of. It defies Article I, the first moving target. think it’s necessarily perjurious. That is— common sense. And as any experienced Now, as we have said repeatedly, we that’s one little piece of this answer that he prosecutor—and five experienced pros- gave at the grand jury.... have been more than a little puzzled as ecutors said this to the Judiciary Com- to the exact nature of the charges ad- * * * * * mittee—will tell you, it defies real vanced by the managers under the ru- MATTHEWS. Well, another time he used a world experience to charge anyone, phrase with regard to this ridiculous thing President or not, with perjury on the bric of article I, and our puzzlement called phone sex, he referred to it as occa- has only increased, I must tell you, sionally or on occasion. Why do you add grounds that you disbelieve his testi- since this trial began. them in as part of the perjury indictment? mony about his own subjective belief in We have argued, I think with indis- Rep. ROGAN. That’s not added in as part the definition of a term used in a civil putable force, that both articles are so of the perjury indictment in Article I. I sim- deposition. deficient that they would not survive a ply raised that issue when I was addressing Nothing in the evidentiary record has motion to dismiss in any court in the the Senate. changed since the OIC referred this land. Now, we are not insensitive to * * * * * matter to the House 6 months ago. In- the claim that we are advancing some MATTHEWS. You better get to those sen- deed, it is impossible to conceive what lawyer’s argument, and we are seeking ators because I think they made the mistake could change in the evidentiary record. some technical escape, but I urge you I did of thinking that was one of the ele- And the managers have offered this not to treat this issue so lightly. As ments in the perjury charge. charge and persist in it for reasons not you look to article I, for example, ask And similarly over here, although I entirely clear to me, but some blind yourselves whether you can at this late have reversed the order a bit: faith that they must go forward, facts moment in the trial identify for your- MATTHEWS. . . . Go through what you or no. selves with any remote sense of cer- think are the main elements in your perjury Now, there are three other elements tainty the statements that the man- indictment of the president, impeach- of article I. First, the allegation that ment.... agers claim were perjurious. Rep. ROGAN. One of the things they were the President lied when he claimed he I suspect you will hear a lot about focusing on is a point, I think, I made last did not perjure himself in the Jones that in the 2 hours following my pres- week when I was presenting the case for per- deposition. The President, of course, entation, but I will try to look ahead jury dealing with that preliminary state- made no such representation in the just a bit. ment that the president read that just really grand jury. Ask yourselves whether you are com- gave the grand jury a misperception of what And the managers cannot, no matter fortable in this gravest of proceedings the president’s relationship was with Monica how they try, resurrect the charges of that when you retire to your delibera- Lewinsky. Now I never said that was the the article, then, article II, that was so basis for the perjury charge. In fact, that’s tions you could ever know that the not even one of the four areas that’s alleged, clearly rejected by the House of Rep- constitutionally required two-thirds but they’re trying to pick these little dots resentatives. Yet, if you listen to their vote is present on any one charge. out of the matrix and try to hang their hat presentations over the past weeks, it Now, we have been making this argu- on that.... becomes evident that, whether inten- ment for some time and with some fre- I have to tell you, as did Mr. Mat- tionally or unintentionally, they them- quency, and so you would think that at thews, I made the same mistake. I selves have come to the point where least once the trial began the managers heard Manager ROGAN say: the President’s testimony on January would have fixed on some definable set This prepared statement he read to the 17 in the Jones deposition and August of charges. But, no. Indeed, it struck grand jury on August 17th, 1998, was the 17 in the grand jury are treated as me even earlier this afternoon that linchpin in his plan to ‘‘win.’’ though they were one and the same. when Manager SENSENBRENNER rose to I heard him say: Now, just a few minutes ago you speak to you, he was prepared to give It is obvious that the reference in the heard Manager GEKAS talk to you you four examples of perjury. We have President’s prepared statement to the grand about perjury, and probably 90 percent heard a lot of examples. We haven’t jury that this relationship began in 1996 was of what he talked to you about was heard much certainty. intentionally false. perjury in the Jones case—in the Jones

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 February 8, 1999 CONGRESSIONAL RECORD—SENATE 2007 case. It doesn’t exist anymore. The relationship with Ms. Lewinsky, con- time on Saturday, and then a little bit House of Representatives determined duct that could not possibly have had today—even if she didn’t know it, be- that that was not an impeachable of- anything to do with the Jones litiga- cause both really understood that any fense. It appears to make no difference, tion. affidavit Ms. Lewinsky would file though, that the House rejected this I will get to the merits of that charge would have to be false if it were to re- charge, for the managers do continue standing alone in a little while, but I sult in her avoiding her deposition. But to dwell on it as though somehow they bring up the more—forgive me—tech- neither the fact on which they rely nor could show the House from which they nical argument here, to highlight once their hypothesis was of much help to came that they made a mistake. more the extent to which the House the managers before Ms. Lewinsky’s Only last Saturday, Manager GRAHAM simply ignored the most basic legal deposition and neither, surely, has any could be heard decrying the President’s principles in bringing these charges to force after her deposition. claim that he had never been alone you. I have yet to hear from the man- After you saw Ms. Lewinsky’s testi- with Monica Lewinsky, something that agers a single plausible explanation for mony, there can be nothing left of comes not out of the grand jury but out the inclusion of this charge as part of what was, at best, only conjecture. of the Jones deposition, at the same a scheme to obstruct the Jones litiga- Even before her deposition, Ms. time he was taking him to task for his tion, and I can think of none. I am sure Lewinsky had testified, as had the disquisition on the word ‘‘is,’’ some- that in the 120 minutes remaining to President in the grand jury, that given thing that is in the grand jury but is them, some portion of that time will be the claims being made in the Jones entirely irrelevant to these perjury spent explaining just this point. And, case, a truthful albeit limited affidavit charges. You could even see it in their so, one pillar gone; a slight list ob- might—might—establish that Ms. videotape presentation last Saturday served. Lewinsky had nothing relevant to offer when snippets from January 17, then Next: Ms. Lewinsky’s affidavit and in the way of testimony in the Jones August 17, were played without any the first of the empty pots. The man- case. definition and without any sense that agers charge that the President cor- Faced with this record, the managers there was any distinction between the ruptly encouraged a witness to execute asked you to authorize Ms. Lewinsky’s two events. a sworn affidavit that he knew to be deposition, representing that she There is literally nothing in the perjurious, false, and misleading, and would—and I quote, and this is from President’s grand jury testimony that similarly encouraged Ms. Lewinsky to the managers’ proffer—‘‘rebut the fol- purports to adopt wholesale his testi- lie if she were ever called as a witness. lowing inferences drawn by White mony in the Jones deposition. If any- In my opening statement, and in Mr. House counsel on key issues, among thing, it is evident that he is explain- Kendall’s more detailed discussion, we others that President Clinton did not ing at length and clarifying and adding made two points: First, that Ms. encourage Ms. Lewinsky to file a false to his deposition testimony. Indeed, Lewinsky had repeatedly denied that affidavit and that President Clinton even if the original article II had sur- she had ever been asked or encouraged did not have an understanding with Ms. vived, the President’s belief that he to lie; and, second, that there was sim- Lewinsky that the two would lie under had ‘‘worked through the minefield of ply no direct or circumstantial evi- oath.’’ the Jones deposition without violating dence that the President had ever done Unhappily for the managers—and the law’’—which is a quote from his such a thing. perhaps their unhappiness was best re- grand jury testimony—could not allow Now, it is not in dispute that the flected in the tone of Manager BRY- the managers, somehow, to establish President called Ms. Lewinsky in the ANT’s discussion on this subject—Ms. that that statement was independently early morning of December 17 to tell Lewinsky’s testimony, as you saw perjurious, and they surely cannot do her about the death of Betty Currie’s yourself on Saturday, did just the op- so now that the original article II has brother, and in the same call that he posite. disappeared. told her that she was now listed on the In an extended colloquy with Mr. Now, as to the second and third re- Jones witness list. The managers have Manager BRYANT on the subject of the maining elements of article I, that the from the beginning relied on one fact affidavit, Ms. Lewinsky made clear, be- President lied about Mr. Bennett’s and on one baseless hypothesis stem- yond any doubt, first, that the Presi- statement to Judge Wright at the time ming from this call which, in the man- dent had never discussed the contents of the Jones deposition, and that he agers’ minds, was the beginning and of the affidavit with her; second, that lied about his own statements to his the middle and the end of the scheme there was no connection between the staff, I will deal with them in my dis- to encourage the filing of a false affi- suggestion that she might file an affi- cussion of the obstruction charges in davit. There is literally no other event davit and the reference to any cover article II. Suffice it to say that nothing or statement on which they can rely. story; third, that she believed it pos- in the record as it came to you in Jan- The one fact to which the managers sible to file a truthful affidavit. uary could support conviction on arti- point is Ms. Lewinsky’s testimony that You saw much of this portion of Ms. cle I, and nothing added to the record the President said that if she were ac- Lewinsky’s deposition on Saturday, since then has changed that result. tually subpoenaed, she possibly could and I am not going to impose too much Let me move to article II. Manager file an affidavit to avoid having to tes- on your patience, but I do want to play HUTCHINSON told you in his original tify, and at some point in the call men- just a very few segments of that video- presentation that article II rested on— tioned one of the so-called cover sto- tape. his words —‘‘seven pillars of obstruc- ries that they had used when she was First, two segments dealing with the tion.’’ I had suggested in my opening still working at the White House—that content of the affidavit. statement of a few weeks ago that it is, bringing papers to him. And it is on (Text of videotape presentation:) would be more accurate to call them this shaky foundation, a very slim pil- Q. Are you, uh—strike that. Did he make seven shifting sand castles of specula- lar indeed, that the managers build the any representation to you about what you could say in that affidavit or— tion, but Manager HUTCHINSON has not hypothesis. A. No. proved willing to accept my descrip- In the face of the seemingly insur- Q. What did you understand you would be tion and so I will accept his. Let’s re- mountable hurdle of Ms. Lewinsky’s re- saying in that affidavit to avoid testifying? move one pillar right at the start. peated denials that anyone ever asked A. Uh, I believe I’ve testified to this in the Article II charges that the President or encouraged her to lie, the managers grand jury. To the best of my recollection, it engaged in a scheme to obstruct the have persisted in arguing, and continue was, uh—to my mind came—it was a range of things. I mean, it could either be, uh, some- Jones case—the Jones case—and al- to do so, that the President did something innocuous or could go as far as having leges as one element of this scheme how encourage her to lie, even if she to deny the relationship. Not being a lawyer that in the days following January 21 didn’t know it. Now you have heard nor having gone to law school, I thought it the President lied to his staff about his that theme sounded really for the first could be anything.

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 2008 CONGRESSIONAL RECORD—SENATE February 8, 1999 Q. Did he at that point suggest one version Q. But you didn’t file the affidavit for your Six, there is not one single document or the other version? best interest, did you? or piece of testimony that suggests A. No. I didn’t even mention that, so there, A. Uh, actually, I did. that the President encouraged her to Q. To avoid testifying. there wasn’t a further discussion—there was file a false affidavit. no discussion of what would be in an affi- A. Yes. davit. If there is no proof the President en- Brief, put pointed, I think, and I am couraged Ms. Lewinsky to file a false * * * * * sure you remember them from Satur- affidavit, surely there must be some Q. In his answer to this proceeding in the day, and I am sure you will take those proof on the other charge that encour- Senate, he has indicated that he thought he excerpts with you as you move into aged her to give perjurious testimony had—might have had a way that he could your deliberations. have you—get you to file a—basically a true if she were ever called to testify. Well, There was another issue that sur- there isn’t. affidavit, but yet still skirt these issues faced early on, although perhaps it has enough that you wouldn’t be called as a wit- Let’s begin by noting something that ness. dissipated, and that is whether the should help you assess the President’s Did he offer you any of these suggestions President ever saw a draft of Ms. actions during this period—both the at this time? Lewinsky’s affidavit, something that charge that he encouraged the filing of A. He didn’t discuss the content of my affi- the managers alleged early on but, in- a false affidavit and the charge that he davit with me at all, ever. deed, as we now know from that testi- encouraged Ms. Lewinsky to testify Next, a couple of brief segments on mony, not only did nobody ever see a falsely. the issue of the cover stories. draft of the affidavit, the President and The conversation that the managers (Text of videotape presentation:) Ms. Lewinsky never even discussed the allege gave rise to both offenses is that Q. Well, based on prior relations with the content of her affidavit. ‘‘Not ever,’’ as call of the early morning of December President, the concocted stories and those she put it, either on December 17 or on 17. The managers suggest that the things like that, did this come to mind? Was January 5 or on any other date. Ac- President, in essence, used the subter- there some discussion about that, or did it cording to Ms. Lewinsky, the President fuge of a call to inform Ms. Lewinsky come to your mind about these stories—the told her he didn’t need to see a draft about the death of Ms. Currie’s brother cover stories? because he had seen other affidavits. A. Not in connection with the—not in con- to discuss her status as a witness in the nection with the affidavit. Early on, Manager MCCOLLUM specu- Jones case. Subterfuge? Come on. A lated for you—speculated for you—that * * * * * tragedy had befallen a woman who was when the President told Ms. Lewinsky Ms. Lewinsky’s friend and the Presi- Q. Did you discuss anything else that night that he didn’t need to see her affidavit in terms of—I would draw your attention to dent’s secretary. the cover stories. I have alluded to that ear- because he had seen other affidavits, he But let’s put this in the managers’ lier, but, uh, did you talk about cover story really must have meant that he had own context. On December 6, the Presi- that night? seen previous drafts of hers, and this is dent learned that Ms. Lewinsky was on A. Yes, sir. what he said: the Jones witness list. According to Q. And what was said? I doubt seriously the President was talking the managers, that was a source of A. Uh, I believe that, uh, the President said about 15 other affidavits of somebody else grave concern and spurred intensified something—you can always say you were and didn’t like looking at affidavits any- coming to see Betty or bringing me papers. efforts to find her a job—efforts that more. I suspect, and I would suggest to you, were still further intensified when, on Q. I think you’ve testified that you’re sure that he was talking about 15 other drafts of he said that that night. You are sure he said this proposed affidavit, since it had been December 11, Judge Wright issued her that that night? around the horn a lot of rounds. order allowing lawyers to inquire into A. Yes. the President’s relationships with Q. Now, was that in connection with the af- That is what Manager MCCOLLUM told you. Now we know that those other women. Yet, I have not heard any fidavit? explanation as to why the President, A. I don’t believe so, no. drafts didn’t exist. They never existed. How do we know? Somewhat belatedly, now theoretically so distraught that he * * * * * the managers got around to telling us was urging Mr. Jordan to keep Ms. Now, you have testified in the grand jury. Lewinsky happy by finding her a job, I think your closing comments was that no that. In describing the testimony they would expect to receive from Ms. as Manager HUTCHINSON would have it, one ever asked you to lie, but yet in that waited until December 17—11 days after very conversation of December the 17th, 1997 Lewinsky when they moved for the when the President told you that you were right to take her deposition, they he learned Ms. Lewinsky was on the on the witness list, he also suggested that wrote in their motion: witness list and 6 days after the sup- posedly critical events of December you could sign an affidavit and use mis- That same day, January 5, she called leading cover stories. Isn’t that correct? President Clinton to ask if the President 11—to call and launch his scheme to A. Uh—well, I—I guess in my mind, I sepa- would like to review her affidavit before it suborn perjury. rate necessarily signing affidavit and using was signed. He declined, saying he had al- Now, as to the charge of subornation, misleading cover stories. So, does— ready seen about 15 others. She understood the managers do concede, as they Q. Well, those two— that to mean that he had seen 15 other affi- must, that the President and Ms. A. Those three events occurred, but they davits rather than 15 prior drafts of her affi- don’t—they weren’t linked for me. Lewinsky did not even discuss her dep- davit (which did not exist). osition on the 17th, logically, I sup- And third, a brief segment on the In sum, one, the only reference to an pose, since she wasn’t actually subpoe- supposed falsity of any affidavit that affidavit in the December 17 call was naed until 2 days later. might be filed. the suggestion of the President that Now, one might think that this (Text of videotape presentation:) filing one might possibly enable Ms. would dispose of the matter, since they Q. The night of the phone call, he’s sug- Lewinsky to avoid being deposed, itself do not identify a single other moment gesting you could file an affidavit. Did you an entirely legitimate and proper sug- in time when there was any discussion appreciate the implications of filing a false of Ms. Lewinsky’s potential testimony. affidavit with the court? gestion. A. I don’t think I necessarily thought at Two, the President and Ms. Lewinsky But once again, having lifted the lid that point it would have to be false, so, no, never discussed the content of her affi- and seen that their pot was empty, probably not. I don’t—I don’t remember hav- davit on or after December 17. they would ask you to find that the ing any thoughts like that, so I imagine I Three, the President never saw or same signal that we now know did not would remember something like that, and I read any draft of the affidavit before it encourage the filing of an affidavit was don’t, but— was signed. a signal to Ms. Lewinsky to lie if she And last, if we might, a brief segment Four, the President believed that she was ever called to testify. But of course on the question of whose best interests could file a true affidavit. we have long known that there was no were being served. Five, Ms. Lewinsky believed that she such signal. And the grand jury—as (Text of videotape presentation:) could file a true affidavit. was so often the case, one of the jurors

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 February 8, 1999 CONGRESSIONAL RECORD—SENATE 2009 took it upon him or herself to ask that asked her to pick up gifts from Monica You may remember that as part of which the independent counsel chose Lewinsky. article I in their trial brief, the man- not to. And you have this before you. Now, Ms. Lewinsky has stated on agers allege that the President lied to And you have seen it before. three occasions before her most recent the grand jury—this is one of the A JUROR: It is possible that you also had deposition that Ms. Currie picked up never-ending list of possible perjuries— these discussions [about denying the rela- the gifts at 2 o’clock in the afternoon that he recalled saying to Ms. tionship] after you learned that you were a on the 28th. Having been shown the in- Lewinsky on December 28 that she witness in the Paula Jones case? famous 3:32 cell phone call, which had would have to ‘‘turn over whatever she [MS. LEWINSKY]: I don’t believe so. No. previously been trumpeted by the man- had’’ when she raised the gift issue A JUROR: Can you exclude that possi- agers as absolute proof that it was Ms. with him. bility? [MS. LEWINSKY]: I pretty much can. I Currie who called Ms. Lewinsky, who Well, the managers sought to obtain really don’t remember it. I mean, it would be initiated the process, Ms. Lewinsky from Ms. Lewinsky testimony that very surprising for me to be confronted with testified on Monday that Ms. Currie would support that charge of perjury as something that would show me different, but came to pick up the gifts sometime well as the concealment charge under I—it was 2:30 in the—I mean, the conversa- during the afternoon and that there article II, but she turned that world tion I’m thinking of mainly would have been had been other calls earlier in the day. upside down on both the perjury charge December 17th, which was— But we learned at least a couple of and the obstruction charge. A JUROR: The telephone call. interesting new things from Ms. When asked whether the President [MS. LEWINSKY]: Right. And it was—you know, 2:00, 2:30 in the morning. I remember Lewinsky on this subject. had ever said to her, ‘‘You will have to the gist of it and I—I really don’t think so. First, when she received her sub- give them whatever you have,’’ or A JUROR: Thank you. poena on December 19, 9 days —9 days— something like that, Ms. Lewinsky tes- But all of this is not enough to dis- before she spoke to the President about tified that FBI Agent Fallon of the OIC suade the managers. them, Ms. Lewinsky was frightened at had interviewed her after the Presi- Now that they know that the only the prospect that the Jones lawyers dent’s grand jury testimony, after they two participants in the relevant con- would search her apartment, and she already knew what the President had versation denied that there was any began to think about concealing the said under oath, and asked her whether discussion of either the affidavit or the gifts that she cared most about that she recalled the President saying any- testimony, they have created still an- would suggest some special relation- thing like that to her. I am sure some- ship with the President. And as she other theory. As Manager BRYANT told what to the surprise of Manager you last week—and in essence it was told you, she herself decided then that BRYANt, she testified that she told repeated today—‘‘I don’t care what was she would turn over only what she de- Agent Fallon, ‘‘That sounds familiar.’’ Now aside from the not so minor in Ms. Lewinsky’s mind.’’ scribed as the most innocuous gifts, Well, that is quite extraordinary. The and it was those gifts that she took point that Ms. Lewinsky’s testimony only witness, the supposed victim of with her to see her lawyer, Mr. Carter, corroborates the President’s recollection of his response and undermines the obstruction, the person whose tes- on December 22. Thus, when she arrived to pick up her the charge in both article I and article timony is being influenced, says that it Christmas gifts from the President on II, a couple of other things are worth didn’t happen. And the managers none- December 28, she had already decided noting. As my colleague, Ms. Seligman, theless want you to conclude, I assume, that she would not turn over all the pointed out to you on Saturday, this that some subliminal message was gifts called for by the subpoena and was the first time after all Ms. being conveyed that resulted in the fil- had already segregated out the ones Lewinsky’s recorded versions of the ing of a false affidavit without the affi- she intended to withhold. But she events of December 28, that we had ant knowing that she was being con- didn’t tell the President about that. In- ever heard that the President’s version trolled by some unseen and unheard stead, as she testified, she broached the sounded familiar to her. And second, force. I won’t comment further. Two question of what to do with the gifts there is not a single piece of paper—at more pillars lie in the dust. and the possibility of giving them to least that we are aware of—in the en- Next, the gifts. On this charge, the Betty Currie, again without describing tire universe turned over by the inde- record is largely, but in critical re- what had already occurred, to which pendent counsel, by the House, and spects not entirely, as the record has the President either made no reply or thence to us that reflects the FBI’s been from the beginning. Here is what said something like, ‘‘I’ll think about interview of Ms. Lewinsky. If she it shows. it.’’ hadn’t been honest enough to tell Man- On the morning of December 28, the This testimony sheds light on one of ager BRYANT about it, we and you President gave Ms. Lewinsky Christ- the issues that has troubled everyone would never have known. mas presents in token of her impending who has tried to make sense out of Senators, what else is there in the departure for New York. Ms. Lewinsky what happened on that day. Why would vaults of the independent counsel or in testified that she raised the subject of the President, if he were really worried the memory of his agents that we don’t her subpoena and said something about about Ms. Lewinsky’s turning over know about? getting the gifts out of her apartment, gifts pursuant to the subpoena, give Another pillar down. to which she herself has now told you her more gifts? From our perspective, The job search. It may have become the President either made no response the answer has always been an easy tiresome to hear it, but any discussion or said something like, ‘‘Let me think one. He wouldn’t have been concerned. of the job search must begin with Ms. about it.’’ He’s testified that he’s not concerned Lewinsky’s testimony oft repeated Betty Currie testified consistently about gifts, that he gives them all the that no one promised her a job to influ- that Ms. Lewinsky called her to ask time to all sorts of people, and he ence her testimony. Remember my two her to pick up a box and hold them for wasn’t worried about it. themes: Moving targets, empty pots. her. Ms. Lewinsky has testified equally Now, we know that from Ms. They come together here. What the consistently, and testified again in her Lewinsky’s perspective, as she ex- managers have presented to you in a deposition, that it was her recollection plained in her deposition, it also made series of different speculative theories, that Ms. Currie called her and said that no difference that the President was as each one is shown to be what it is, she understood she ‘‘had something for giving her additional gifts, because she they move on to the next in the hope her’’ or perhaps even the President had already decided, having had the they will find one, someday, that actu- said, ‘‘You have something for me.’’ subpoena in hand for 9 days, that she ally has a connection to reality. But The President denies that he ever would not turn them over. they cannot find that elusive theory; spoke to Betty Currie about picking up Now, a second ray of light also shines for the stubborn facts will not budge, gifts from Monica Lewinsky. Betty on two aspects of the managers’ case nor will the stubborn denials by every Currie denies that the President ever from Ms. Lewinsky’s deposition. participant in their mythical plot.

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 2010 CONGRESSIONAL RECORD—SENATE February 8, 1999 Now we know that Monica events of January 5 when he said Ms. their theory you have heard just in the Lewinsky’s job search began in the Lewinsky had met with her attorney, last few weeks. First, it all started on summer of 1997, well in advance of her Mr. Carter, and then, according to the December 11 when Judge Wright issued being involved in the Jones case. In Oc- managers’ account, Mr. Carter began her order permitting Jones lawyers to tober, she interviewed with U.N. Am- drafting the affidavit and Ms. take depositions to prove that the bassador Richardson, was offered a job. Lewinsky was so concerned that she President had relations with other She had her first meeting with Mr. Jor- called the President and he returned women. That was what galvanized the dan early in November, well before she her call. The problem with that President and Mr. Jordan to make real appeared in the Jones case. The next version, as my colleague, Mr. Kendall, efforts to find Ms. Lewinsky a job. contact was actually before Thanks- showed you, was the affidavit wasn’t Woops, didn’t quite fit the facts. giving when she made an effort to set drafted until January 6. Mr. Carter has Mr. Jordan met with Ms. Lewinsky up another meeting with Mr. Jordan so testified. and made calls to prospective employ- and was told to call back after the holi- Now, the managers would also have ers before the order was issued. Let’s day. She did, on December 8, and set up you believe that Mr. Jordan was in- try this. Second, well, it wasn’t really a meeting on December 11—again, be- volved in drafting the affidavit and the 11th, it was the 5th when the wit- fore either she or Mr. Jordan knew that he was involved in the deletion of ness list came out. But they had al- that she was involved in the Jones language from the draft that suggested ready told you in a trial brief quite ex- case. that she had been alone with the Presi- plicitly, and in the majority report of Now, on that date of December 11 dent. Ms. Lewinsky’s and Mr. Jordan’s the committee to the Congress, that which we have heard so much about, testimony is essentially the same. there was ‘‘no urgency.’’ Those were Mr. Jordan did open doors for Ms. They talked, Mr. Jordan listened—you their words; there was ‘‘no urgency’’ Lewinsky in New York, but there was recall him saying, ‘‘Yes, she was talk- after December 5. I am a city boy, but no inappropriate pressure. At Amer- ing, I was doodling,’’—he called Mr. that dog went back to sleep. ican Express and Young and Rubicam Carter, he transmitted to Mr. Carter Third, as Manager HUTCHINSON told she failed on her own, and at Revlon some of her concerns, but he made it you on Saturday, what really happened she succeeded on her own. As Mr. Jor- very clear to Ms. Lewinsky he wasn’t was that by December 17 the President dan told the grand jury when asked her lawyer. And in words that will res- had ‘‘got the job search moving’’ and whether there was any connection be- onate forever, at least among the legal thought ‘‘maybe she is now more recep- tween his assistance to her and the community, Mr. Jordan said, ‘‘I don’t tive,’’ and that is why he called Ms. Jones case, his answer was ‘‘unequivo- do affidavits.’’ And, of course, Mr. Lewinsky on the 17th and told her she cally, indubitably no.’’ Carter himself testified it was his idea was on the witness list. In search of some evidence that Mr. to delete the language about being Nice try. No facts. Jordan’s efforts were, indeed, trig- alone. Now, I don’t know whether this gering Ms. Lewinsky’s status as a wit- Now, the very best that the managers chart, which Manager HUTCHINSON ness and therefore inappropriate, the can do on this issue is to establish that used, was intended to speak for itself managers focused on his January 8 call Ms. Lewinsky talked to Mr. Jordan in or to be elucidated by his own com- to Mr. Perelman, the CEO of the same conversation about the job ments, but let’s look at it. ‘‘December MacAndrews & Forbes, admittedly a search and about her affidavit. But as 5th, witness list—Lewinsky,’’ excla- date known to Ms. Lewinsky, to Mr. Mr. Jordan told you, Ms. Lewinsky was mation point. Her name is on it. ‘‘De- Jordan, and to the President. Ms. always talking about the job search, cember 6: President meets with attor- Lewinsky had reported that her origi- and he made it very clear to you that neys on witness list.’’ nal interview had not gone well, al- there was no linkage between the two. True. though we know it actually had, and If we can play just a very brief sec- ‘‘December 7th: President and Jordan that her resume had already been sent tion of Mr. Jordan’s deposition. meet.’’ over from MacAndrews & Forbes to (Text of videotape presentation:) Well, that is also true, but we know Revlon where she ultimately was of- Q. In your conversation with Ms. Lewinsky they didn’t talk about Monica fered a job. prior to the affidavit being signed, did you in Lewinsky. I am not quite sure why it is Mr. Jordan was candid stating he fact talk to her about both the job and her there. concerns about parts of the affidavit? ‘‘December 8th: Lewinsky sets up a went to the top because he wanted to A. I have never in any conversation with get action if action could be had, but meeting with Jordan for the 11th.’’ Ms. Lewinsky talked to her about the job, on True. At that point, she doesn’t know the record is clear that the woman in- one hand, or job being interrelated with the she is on the list and Mr. Jordan volved at Revlon who interviewed Ms. conversation about the affidavit. The affi- doesn’t know she is on the list. Lewinsky had already made a decision davit was over here. The job was over here. ‘‘December 11th: Lewinsky job meet- to hire her. No one put any pressure on And of course we have already dis- ing with Jordan.’’ her. There was no special urgency. pensed with the notion to the extent Yes, true. But as we know, well be- There was no fix. In fact, if you want it that the managers continue to assert fore Judge Wright’s order came out, known what happens when Mr. Jordan that the President never discussed the the two of them still don’t know that calls the CEO of a company to get ac- contents of the affidavit with Ms. her name is on the witness list. tion, look at his call to the CEO of Lewinsky or even ever saw a draft. December 17th was the calls. Young and Rubicam: No job; no job. Now, recognizing that they would True. They are on the list. They made an independent decision never be able to show that the incep- On December 19, the subpoena was whether or not to hire Ms. Lewinsky. tion of the job search was linked in any served. Now, other than the managers, there way to the affidavit, the managers de- True. are only two people, as far as I can tell, veloped a theory which they have ad- ‘‘December 28: President and who ever tried to create a link between vanced to you that the President com- Lewinsky meet; evidence (gifts) con- the job search and the affidavit: Linda mitted obstruction of justice when the cealed.’’ Tripp and Kenneth Starr. No one—not job search assistance became, in their Now, true, but I am not sure what Ms. Lewinsky, not Mr. Jordan, not the words, ‘‘totally interconnected, inter- that means in this context. President, no one—ever said anything twined, interrelated,’’ with the filing of Last, interestingly, was breakfast at to so much as suggest the existence of Ms. Lewinsky’s affidavit. the Park Hyatt. ‘‘More evidence at such a linkage, and the managers can The problem the managers have had, risk.’’ find no proof; which is not to say they however, is that they have not been Now, it is clear that if you string all didn’t try. able to figure out when this occurred, of these events together and you have Manager HUTCHINSON, you will recall, why it occurred, or how it occurred. a theory that will link them all to- originally asked you to look at the Think back on how many versions of gether, you have made some progress.

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 February 8, 1999 CONGRESSIONAL RECORD—SENATE 2011 There is only one problem: Other than there must have been such a connec- tached to the very motion the language what we know to be true on this list, tion; that unbeknownst to Ms. of which I just read to you. I direct there is nothing other than surmise Lewinsky, she was being corruptly en- your attention only to the last sen- that links them together in any fash- couraged to file a false affidavit. With tence, because this is the only one of ion that one could consider improper or all due respect, somebody has been any moment: ‘‘From my position at certainly illegal. But that is, in es- watching too many reruns of ‘‘The X- the conference table, I observed Presi- sence, where the managers have Files.’’ dent Clinton looking directly at Mr. brought us in their theorizing, for their Confronted with this problem, the Bennett while this statement was fourth theory is that the pressure did managers now offer you one last the- being made.’’ not really begin to build until Ms. ory. With ever-increasing directness, Search if you will for any evidence Lewinsky was actually subpoenaed and they now accuse Mr. Jordan himself of relating to whether the President was began to prepare an affidavit. obstructing justice by urging Ms. looking attentively or not. There is not On this theory, a call to Mr. Lewinsky to destroy her notes. Seem- one iota of evidence added by the vid- Perelman was the final step—going ingly, they ask you to find—even in the eotape. You were misled. Indeed, Mr. right to the top of MacAndrews & face of Mr. Jordan’s forceful denials— Ward said to the Legal Times on Feb- Forbes to make absolutely sure that that one who would forget a breakfast ruary 1, 1999, ‘‘I have no idea if he was Ms. Lewinsky stayed on the team. But at the Park Hyatt until reminded of it paying attention. He could have been here there are other facts to deal with. by being shown the receipt, and who thinking about policy initiatives, for For example, look what happened—or then admitted his recollection was re- all I know.’’ You were misled. more importantly, didn’t happen—on freshed and would admit that he re- The record before the affidavit is the December 19. On that day, Monica membered a discussion of the notes, record after the affidavit. The man- Lewinsky came, weeping, to Mr. Jor- must have obstructed justice himself. agers ask that you remove the Presi- dan’s office carrying with her the And, of course, he must have been en- dent of the United States on the basis dreaded subpoena. Mr. Jordan called gaged all along with an effort to influ- of the videotape showing that he was the President and visited with him ence Ms. Lewinsky’s testimony on be- looking in the direction of his lawyer. that evening. And you will recall that half of the President. Well, it was not much of a pillar to they talked in very candid terms to the Nonsense. Nonsense. And so this pil- start with. President about their relationship. lar returns to the dust from which it There is no dispute of the conversa- Wouldn’t one think that if the Presi- came. tion of January 18 between the Presi- dent was, in fact, engaged in some Next, the events surrounding Mr. dent and Ms. Currie. There is no dis- scheme to use a job in New York to in- Bennett’s statement to Judge Wright pute that President Clinton called Ms. fluence Ms. Lewinsky’s testimony, this during the Jones deposition formed the Currie into the White House on Sun- would be the critical moment, that basis for two charges: First, that the day, January 18, the day after his depo- President obstructed justice in the some immediate steps would be taken sition, and asked her certain questions Jones case; second, that he committed to be absolutely sure that there was a and made certain statements about his perjury by telling the grand jury that job for her? But what do we find? Mr. relationship with Ms. Lewinsky. The he really wasn’t paying attention at Jordan takes no further action on the only dispute is whether, in doing so, the critical moment. the President intended to tamper with job front until January 8. Both charges depend on the man- Now, there was never so much as a a witness. The managers contend that agers’ ability to prove that, indeed, the passing reference concerning any con- he was corruptly attempting to influ- President had been paying attention. nection between the job search and the To do that, they always rely on the ence Ms. Currie’s testimony. The Presi- affidavit among any of the three par- videotape of the deposition in which it dent denies it. ticipants—any of them—because there Since we know that Ms. Currie was can be seen that the President was not on the Jones witness list at the was not one conversation that anyone looking in the direction of his lawyer could conclude was designed to imple- while Mr. Bennett was talking. time of the President’s deposition, or ment this nefarious scheme that the But 2 weeks ago, they came to you at the time of either of the conversa- managers would have you find. So now and they produced, with a modest tions with Ms. Currie, and we know we have an entirely new theory—the flourish, a new bit of evidence—an affi- that discovery was about to end, the ‘‘one-man conspiracy,’’ a beast un- davit from Mr. Barry Ward, clerk to managers have argued that the Presi- known, I think, to Anglo-American ju- Judge Wright, trumpeted, in their dent’s own references to her in the risprudence. words, as ‘‘lending even greater cre- Jones deposition constituted an invita- Now, the fact that Ms. Lewinsky— dence to their crime.’’ Now, in their tion to the Jones lawyers to subpoena this is on the managers’ theory—didn’t memorandum in support of their re- her. They argue that proof of that invi- know she was on the witness list until quest to expand the record by including tation can be found in the witness list December 17, and Mr. Jordan didn’t Mr. Ward’s affidavit, the managers told signed by the Jones lawyers on Janu- know about it until she was subpoe- you the following, and this is the man- ary 22, which listed Ms. Currie and naed on the 19th, and Mr. Perelman agers’ own language: other potential witnesses. never knew it, all are ‘‘proof positive’’ From his seat at the conference table next When I spoke to you on January 19, I that the President himself was the to the judge, he saw President Clinton listen- told you that Ms. Currie had never ‘‘mastermind’’ pulling on unseen ing attentively to Mr. Bennett’s remarks, been placed on the witness list. I was strings and influencing the partici- while the exchange between Mr. Bennett and wrong. Manager HUTCHINSON has quite pants in this drama, without their even the judge occurred. properly taken me to task for it. But I knowing that they were being influ- Then they said: fear that he became so caught up in enced. Under this theory—the latest in Mr. Ward’s declaration would lend even this information that he has lost sight a long line—Ms. Lewinsky’s denial that greater credence to the argument that Presi- of its true significance, or rather a lack she ever discussed the contents of her dent Clinton lied on this point during his thereof. affidavit with the President, her denial grand jury testimony and obstructed justice In order to convince you that Betty that there was any connection between by allowing his attorney to utilize a false af- Currie was going to be called by the fidavit in order to cut off a legitimate line of the job and her testimony, Mr. Jor- questioning. Mr. Ward’s declaration proves Jones lawyer when the President spoke dan’s denial that there was ever a con- that Mr. Ward saw President Clinton listen- to her on January 18, the managers, nection between his efforts to find her ing attentively while the exchange between somewhat like Diogenes, lit their lan- a job and the affidavit, and the fact Mr. Bennett and the presiding judge con- tern and sought out the most reliable that Mr. Jordan never discussed any curred. witness they could find, a witness such connection with the President, But this is what Mr. Ward’s affidavit whose credibility was beyond question, are simply evidence of the fact that actually says. The affidavit was at- who had no ulterior motive, no bias—

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 2012 CONGRESSIONAL RECORD—SENATE February 8, 1999 Paula Jones’ lawyer. They brought it Lewinsky’s relationship with Ms. first. But there is simply nothing of to you in a form that they hoped would Currie. It was only in response to a any substance to take from this second allow his motive and bias to go untest- couple of their questions about wheth- conversation that adds to the events of ed. er letters had ever been delivered to January 18. It is clear that the con- Remember how the managers told Ms. Currie and whether she stated at versation occurred on Tuesday, Janu- you that it is important to look a wit- some extraordinarily late hour that ary 20, before the Starr investigation ness in the eye to test his demeanor. I the President said, ‘‘You’ll have to ask became public. The managers disingen- doubt that you need to do that to un- her.’’ He didn’t invite. He did not sug- uously have suggested in their exhibit, derstand what might color Mr. Holmes’ gest to them that they call Ms. Currie. the one they distributed on Saturday, view of the world. Let’s look at what They knew whatever they needed to that this conversation occurred after he had to say. You have in the exhibits know about Ms. Currie to put her on the Post story appeared. If you look at before you an unredacted witness list their witness list. the exhibit that was used on Saturday, attached to Mr. Holmes’ affidavit. I To judge further whether Ms. Currie you will see: January 20, Post story is have put up on the easels the redacted made it on the list because of the known. Of course, that’s late at night. list as it was originally used by the President’s invitation, or because they January 21, Post story was on the managers a few weeks ago because I already knew about witnesses from Ms. Internet. The President calls Betty for really see no purpose in unduly expos- Tripp, let me direct your attention—if 20 minutes. And then sort of sneaking ing the names of the people who are on you look at the exhibit in front of you it in down here, January 20 or 21, Presi- that witness list. But let me direct you rather than the redacted version here, dent coaches Currie for the second to these words just to highlight it: the first listed on the witness list is time. ‘‘Under Seal.’’ No. 165. Her name does not come up at But the record shows this: Ms. Currie You will remember that the Presi- all in the deposition. But we know that has said that the conversation occurred dent has been criticized for violating a she was in fact the subject of conversa- ‘‘whenever the President was next in gag order when he spoke to his own tion surreptitiously recorded between the White House.’’ That is after the secretary about his deposition. What Ms. Tripp and Ms. Lewinsky. And note Sunday conversation. And that was then do we say when the managers that the name of Vernon Jordan is not Tuesday, the 20th, the day after the produce a document from a lawyer for on the list. They are the ones, the Martin Luther King holiday. Thus, the one of the parties that is still under Jones lawyers are the ones, who first second conversation is of no greater seal, not yet released by the court, and bring them up. And we know, of course, legal significance than the first since reveals the names of individuals who that they knew from Ms. Tripp that he the President knew no more about Ms. are no part of these proceedings? Sure- was already involved in this scenario. Currie’s status as a witness on Tuesday ly the managers could have made their Thus, neither the January 22 witness than he did on Sunday. point just as well without such a rev- list nor Mr. Holmes’ affidavit sup- In sum, the managers have tried to elation. ported the managers’ theory. The convince you that the President knew Mr. Holmes states that the Jones President did not know that Ms. Currie or must have known that Betty Currie lawyers had two reasons for putting would be a witness when he spoke to would be a witness in the Jones case. If Ms. Currie’s name on the witness list: her after her deposition, and he could anything, we now know that the reason One, because of President Clinton’s not, therefore, have tampered with the she was put on the January 22 list, deposition testimony; and, two, be- witness. along with many others, had more to cause they had ‘‘received what they Well beyond their statement about do with Linda Tripp than anything considered to be reliable information how they got this information, Mr. else. that Ms. Currie was instrumental in fa- Holmes volunteers that they didn’t get But putting this aside for the mo- cilitating Monica Lewinsky’s meetings it from the Washington Post, or per- ment; that is, putting aside the ques- with Mr. Clinton and that Ms. Currie haps not. But it is clear that in the tion whether the President could have was central to the cover story Mr. Clin- days after the Post article, we know had any reason to believe that Ms. ton and Ms. Lewinsky had developed to that some of the names on the list Currie would be a witness, look at use in the event their affair was discov- came from the press reports, we know whether Ms. Currie herself believed ered.’’ They don’t tell us where he got that Jones lawyers began tracking the that she was being corruptly influenced this reliable information. But of course newly public activities of the inde- on January 18. In response to con- we know. pendent counsel, which was issuing its tinuing efforts by the prosecutors to Let’s figure out whether in fact own subpoenas in the hours and days get her to admit that she felt some un- Betty Currie really made it on the list following the lawyers’ release. And for toward pressure from the President, because of the President’s testimony. If some insight into what they believe she testified—and you have seen this you look at the number of times she is the independent counsel thought was before as well: mentioned in the deposition, it be- going on, look at the pleading they . . . did you feel pressured when he told comes conventional wisdom that the filed with Judge Wright on Wednesday, you those statements? President inserted her name into his January 28, to prevent the Jones law- A. None whatsoever. testimony so frequently and so gratu- yers from continuing to use their in- Q. What did you think, or what was going itously that he did in fact invite the vestigation as an aid—that is, the inde- through your mind about what he was doing? Jones lawyers to call her and, thus, pendent counsel’s investigation—as an A. At the time I felt that he was—I want to use the word shocked or surprised that this must have known that she was going to aid to civil discovery. was an issue, and he was just talking. be a witness when he spoke to her on The pleading said, ‘‘As recently as January 18. But if you look at the dep- this afternoon, plaintiff’s counsel * * * * * osition, you will find that the first caused process to be served on Betty Q. That was your impression, that he wanted you to say—because he would end each of time her name is mentioned, the Presi- Currie who appeared before the grand the statements with ‘‘Rights?,’’ with a ques- dent is simply responding to a question jury in Washington yesterday. Such de- tion. about his earlier meetings with Ms. liberate and calculated shadowing of A. I do not remember that he wanted me to Lewinsky and stated that Betty was the grand jury’s investigation will nec- say ‘‘Right.’’ He would say, ‘‘Right?’’ and I present. essarily pierce the veil of grand jury could have said, ‘‘Wrong.’’ The lawyers for the plaintiff then secrecy.’’ Q. But he would end each of those ques- asked 13 questions, give or take a few, The managers have criticized us for tions with a ‘‘Right?’’ and you could either say whether it was true or not true. about Ms. Currie. And we know there is ignoring the second conversation be- A. Correct. no secret here. They got their informa- tween the President and Ms. Currie, Q. Did you feel any pressure to agree with tion from Linda Tripp. And Linda suggesting that I suppose it takes on your boss? Tripp surely told them about Ms. an even more sinister cast than the A. None.

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 February 8, 1999 CONGRESSIONAL RECORD—SENATE 2013 And so on a human level, a human Q. It may have been misleading, sir, and sought in some fashion to send that level, we have the President, who has you knew though, after January 21st when message to the grand jury when, at the just seen his worst nightmare come the Post article broke and said that Judge very moment that those aides were true, and who knows that he is about Starr was looking into this, you knew that first subpoenaed, he asserted executive they might be witnesses. You knew that they to face a press tidal wave that will might be called into a grand jury, didn’t privilege to prevent them from testi- wash over him and his family and the you? fying before the grand jury. For some- country, and we have his secretary who PRESIDENT CLINTON. That’s right. I one who wanted Mr. Blumenthal to knows of, indeed, has been a part of, think I was quite careful what I said after serve, as the managers would have it, his relationship with Monica Lewinsky that. I may have said something to all these as his messenger of lies, that is strange but knows nothing about the long- people to that effect, but I’ll also—whenever behavior indeed. since ended improper aspects of that anybody asked me any details, I said, look, I Now, there is an issue here that I relationship—we have a conversation don’t want you to be a witness or I turn you don’t really want to get into at length, into a witness or give you information that that was the product of the emotions could get you in trouble. I just wouldn’t and I, not having heard the last 2 hours that were churning through the Presi- talk. I, by and large, didn’t talk to people of the managers’ presentation, don’t dent’s very soul on that day. What we about this. know whether they are going to get do not have is an attempt to corruptly Q. If all of these people—let’s leave out into, and that is Manager GRAHAM’s fa- influence the testimony of the witness. Mrs. Currie for a minute. Vernon Jordan, Sid vorite issue, the question of whether Only one pillar left. The managers Blumenthal, John Podesta, Harold Ickes, Er- there was some scheme to smear ask the Senate to find that the Presi- skine Bowles, Harry Thomasson, after the Monica Lewinsky—early, middle, or dent’s conversations with Mr. story broke, after Judge Starr’s involvement late. Other than to say that no such was known on January 21st, have said that Blumenthal and other aides was an ef- you denied a sexual relationship with them. plan ever existed, I just want to ask fort to influence their testimony before Are you denying that? the managers this. Although I must the grand jury. Their theory, much as PRESIDENT CLINTON. No. admit that for the first time in my life was true of some of their other theo- Q. And you’ve told us that you—— I have heard Marlene Dietrich’s name ries, flounders on shoals that they PRESIDENT CLINTON. I’m just telling used as a pejorative—what was Man- don’t account for. As they would have you what I meant by it. I told you what I ager BRYANT saying about Ms. it, in the days immediately following meant by it when they started this deposi- Lewinsky? That she was lying? That tion. the Lewinsky story, the President Q. You’ve told us now that you were being she misled the managers? That because spoke with a few members of his senior careful, but that it might have been mis- her testimony helped the President, staff, as they would allege, knowing leading. Is that correct? they were now going to attack her that they would probably be grand jury PRESIDENT CLINTON. It might have character and her integrity? I don’t witnesses and misled them about his been. Since we have seen this four-year, $40- know how many of you have seen ‘‘Wit- relationship with Ms. Lewinsky, so million-investigation come own to parsing ness For The Prosecution,’’ either be- that they would convey that misin- the definition of sex, I think it might have fore or after Mr. BRYANT used that ex- formation to the grand jury when they been. I don’t think at the time that I ample, but ask yourselves: What was thought that’s what this was going to be were called. about. In fact, if you remember the headlines he saying? What was he doing? Now, just so that you can see for at the time, even you mentioned the Post Ladies and gentlemen of the Senate, yourself what the President testified to story. All the headlines were—and all the I don’t know whether there is a market in the grand jury on the subject, I want talking, people who talked about this, infor used pillars, but they are all lying to play about 3 or 4 minutes of that cluding a lot who have been quite sympa- in the dust. testimony for you. thetic to your operation, said, well, this is It is difficult for me as a lawyer, as (Text of videotape presentation:) not really a story about sex, or this is a an advocate for my client, to speak to story about subornation of perjury and these Q. If they testified that you denied sexual this body about lofty constitutional talking points, and all this other stuff. So, relations or relationship with Monica principles without seeming merely to what I was trying to do was to give them Lewinsky, or if they told us that you denied something they could—that would be true, engage in empty rhetoric. But I would that, do you have any reason to doubt them, even if misleading in the context of this dep- like to think, I guess, that if there in the days after the story broke; do you osition, and keep them out of trouble, and were ever a forum in which I could ven- have any reason to doubt them? let’s deal—and deal with what I thought was ture into that realm, be excused for PRESIDENT CLINTON. No. The—let me the almost ludicrous suggestion that I had say this. It’s no secret to anybody that I doing so, could be heard without the urged someone to lie or tried to suborn per- hoped that this relationship would never be- intervening filter of skepticism that I jury, in other words. come public. It’s a matter of fact that it had fear too often lies between lawyer and been many, many months since there had Now, it is clear from that excerpt, I listener, this is the time and this is the been anything improper about it, in terms of think, that in the hours and days im- moment. Only once before in our Na- improper contact. I— mediately following the release of the tion’s history has any lawyer had the Q. Did you deny it to them or not, Mr. Post story, the President was strug- opportunity to make a closing argu- President? gling with two competing concerns: PRESIDENT CLINTON. Let me finish. So, ment on behalf of the President of the what—I did not want to misled my friends, How to give some explanation to the United States and only once before has but I wanted find language where I could say men and women he worked with every the Senate ever had to sit in judgment that. I also, frankly, did not want to turn day, and worked with most closely, on the head of the executive branch. any of them into witnesses, because I—and, without putting them in a position of We all must cast an eye to the past, sure enough, they all became witnesses. being grand jury witnesses. But he was looking over our shoulders to be sure Q. Well, you knew they might be—— not in any sense seeking to tamper that we have learned the right lessons PRESIDENT CLINTON. And so—— with them or to obstruct the grand from those who have sat in this Cham- Q.—witnesses, didn’t you? PRESIDENT CLINTON. And so I said to jury’s investigation. ber before us. But we also must look to them things that were true about this rela- Putting aside for the moment our the future, to be sure that we leave the tionship. That I used—in the language I strenuous disagreement both with the right lessons to those who come after used, I said, there’s nothing going on be- factual underpinning of and the legal us. We hope that no one will ever have tween us. That was true. I said, I have not conclusions that flow from the man- need of them, but if they should, we had sex with her as I defined it. That was agers’ analysis of these events, I find it owe them not only the proper judg- true. And did I hope that I would never have difficult to figure out how it is that ment for today but the proper judg- to be here on this day giving this testimony? they believe the President intended Of course, But I also didn’t want to do any- ment for all time. thing to complicate this matter further. So, that his statement to Mr. Blumenthal Now, you have heard the managers I said things that were true. They may have or his statement to Mr. Podesta would tell you very early on in these meet- been misleading, and if they were I have to involve their conveying false informa- ings that we have advanced a, quote, take responsibility for it and I’m sorry. tion to the grand jury, or that he ‘‘so what’’ defense; that we are saying

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 2014 CONGRESSIONAL RECORD—SENATE February 8, 1999 that the President’s conduct is really voices you hear. Yes, one or more of thou doth protest too much,’’ was a re- nothing to be concerned about; that we them will now rise and come to the po- mark I used earlier, a quote from should all simply go home and ignore dium and tell you that they have the Shakespeare, and I think it is appro- what he has done. And that, of course, right of it and we the wrong, that our priate here, too, because if you recall, to choose a word that would have been sense of what the Constitution de- we had no rebuttal at all as you nor- familiar to the Framers themselves, is mands is not theirs and should not be mally would have in the end of our balderdash. yours. That is their privilege. case, to begin with. Secondly, we If you want to see ‘‘so what’’ in ac- But as each of them does come before thought we ought to have live wit- tion, look elsewhere. ‘‘So what’’ if the you for the final time, and as you lis- nesses here. We haven’t had those. The Framers reserved impeachment and re- ten to them, I know that you will hear list could go on. I really don’t think we moval for only those offenses that not their eloquence, as grand as it may are being unfair. threaten the state? ‘‘So what’’ if the be; not the pointed jibes of Manager Secondly, I would like to make one House Judiciary Committee didn’t HUTCHINSON nor the stentorian tones of correction and make a clear point. I quite do their constitutional job, if Manager ROGAN nor the homespun am sure it was not intended, but in they took the independent counsel’s re- homilies of Manager GRAHAM nor the your remarks, I believe, Mr. Ruff, you ferral and added a few frills and then grave exhortations of Manager HYDE, indicated there was no history with re- washed their hands of it? ‘‘So what’’ if but voices of greater eloquence than gard to ‘‘beyond a reasonable doubt’’ the House approved articles that any of us can muster, the voices of standard. Maybe I misunderstood that, wouldn’t pass muster in any court in Madison and Hamilton and the others but I want the record to be clear that the land? ‘‘So what’’ if the managers who met in Philadelphia 212 years ago, in the Claiborne case there was, in fact, have been creating their own theories and the voices of the generations since, a vote that took place here in the case of impeachment as they go long? And and the voices of the American people of Judge Claiborne, 75–17, saying that ‘‘so what,’’ and ‘‘so what,’’ and ‘‘so now, and the voices of generations to that standard did not apply to im- what?’’ come. These, not the voices of mere ad- peachment cases. By contrast, what we offer is not ‘‘so vocates, must be your guide. Now, having said that, I would like what,’’ but this: Ask what the Framers It has been an honor for all of us to to move on to my own thoughts. Not- handed down to us as the standard for appear before you in these last weeks withstanding the clever and resource- removing a President. Ask what im- on behalf of the President. And now ful arguments that White House coun- peachment and removal would mean to our last words to you, which are the sel have made to you today, and in the our system of government in years to words I began with: William Jefferson past few weeks, I suspect that most of come. Ask what you always ask in this Clinton is not guilty of the charges you—probably more than two-thirds— Chamber: What is best for the country? that have been brought against him. believe that the President did, indeed, No, the President wouldn’t allow any He did not commit perjury. He did not commit most, if not all, of the crimes of us to say ‘‘so what,’’ to so much as commit obstruction of justice. He must he is charged with under these articles suggest that what he has done can sim- not be removed from office. of impeachment. I suspect that a great ply be forgotten. He has asked for for- Thank you very much. many of you share my view that these giveness from his family and from the Mr. LOTT addressed the Chair. are high crimes and misdemeanors. American people, and he has asked for The CHIEF JUSTICE. The Chair rec- But nonetheless, it is my under- the opportunity to earn back their ognizes the majority leader. standing that some of you who share trust. RECESS these views are not prepared to vote to In his opening remarks, Manager Mr. LOTT. Mr. President, I ask unan- convict the President and remove him HYDE questioned whether this Presi- imous consent we take a 15-minute re- from office. That instead, you are of dent can represent the interests of our cess. the mind at the moment—subject to country in the world. Go to Ireland and There being no objection, at 4:19 p.m. our persuading you otherwise —in your ask that question. Go to Israel and the Senate recessed until 4:41 p.m.; own debate, to acquit him. Gaza and ask that question. If you whereupon, the Senate reassembled Ultimately, the choice is yours, not doubt whether he should, here at home, when called to order by the Chief Jus- ours. But I would like to spend a few continue in office, ask the parent tice. moments with you reviewing just a few whose child walks safer streets or the The CHIEF JUSTICE. The Senate of the facts—not many—and suggesting men and women who go off to work in will be in order. The Chair recognizes to you what I believe we managers the morning to good jobs. the majority leader. would believe would be some very sig- We are together, I think, weavers of Mr. LOTT. Mr. Chief Justice, I be- nificant negative consequences of fail- a constitutional fabric in which all of lieve now we are ready to proceed with ing to remove this President. us now are clothed and generations will the managers from the House. I under- Having heard all of the evidence over be clothed for millennia to come. We stand that they do have a 2-hour pres- the past few days and weeks, there cannot leave even the smallest flaw in entation. I will look for guidance from should be little doubt that beginning in that fabric, for if we do, one day some- the Chief Justice about whether we December 1997 William Jefferson Clin- one will come along and pull a thread should take a break for the last 45 min- ton set out on a course of conduct de- and the flaw will grow and it will eat utes—that would be after Mr. Manager signed to keep from the Jones court away at the fabric around it and soon ROGAN—if at all. the true nature of his relationship with the entire cloth will begin to unravel. The CHIEF JUSTICE. Very well. Monica Lewinsky. Once he knew he We must be as close to perfect in what The Chair recognizes Mr. Manager would have to testify, he knew he was we do here today as women and men MCCOLLUM. going to lie in his deposition. And he are capable of being. If there is doubt Mr. Manager MCCOLLUM. Thank knew he was going to have to lie, not about our course, surely we must take you, Mr. Chief Justice and Members of only himself but get Monica Lewinsky special care, as we hold the fabric of the Senate. to lie—if he was going to be success- democracy in our hands, to leave it as At the outset of my closing remarks, ful—and he was going to have to get we found it, tightly woven and strong. I would like to lay the record straight his personal secretary to lie about his Now, before today I wrote down the on a couple of matters. With all due relationship, and have his aides and following: ‘‘The rules say that the deference to White House counsel, the others help cover them up if he would managers will have the last word.’’ suggestion that Mr. Ruff made at the be successful in lying in the Jones Well, the rules today say the managers beginning of his closing, that we were court deposition. will have the last paragraphs. But that somehow being unfair to him on the He did all of these things. And then truly isn’t so, because even when they timing today of the rebuttal, seems to he chose to lie to the grand jury again, are finished, theirs will not be the last me to be a little strained. ‘‘Methinks because if he did not, he would have

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 February 8, 1999 CONGRESSIONAL RECORD—SENATE 2015 not been able to protect himself from may be prepared to vote to convict the believe, after hearing all of this, that the crimes he had already committed. President on obstruction of justice and the goal of the President in the Jones No amount of arguments by White not on perjury. I don’t know how you deposition was to be truthful? He lied House counsel can erase one simple can do that. I honestly don’t know how to the grand jury and committed per- fact: If you believe Monica Lewinsky, anybody can do that. If you believe jury. you cannot believe the President. If Sidney Blumenthal’s testimony that Last but not least, if you believe you believe Monica Lewinsky, the the President told him that Monica Monica Lewinsky about the acts of a President committed most of the Lewinsky came at him and made a sex- sexual nature that they engaged in, crimes with which he is charged in ual demand and that he rebuffed her how can you not conclude the Presi- these arguments today. and that she threatened him and said dent committed perjury when he spe- For example, while the President did she would tell people they had had an cifically denied those acts? Those were not directly tell her to lie, he never ad- affair, and that she was known as a very explicit. Mr. Ruff suggested that vised her what to put in her affidavit, stalker among her peers, surely you maybe this is a subjective question. she knew from the December 17 tele- must conclude that the President com- Maybe about the interpretation of the phone conversation with the President mitted perjury when he told the grand definition you might call it subjective. that he meant for her to lie about the jury that he told his aides, including We are not going to go over it again relationship and file a false affidavit, Blumenthal, nothing but the truth, today, but he used specific words that and he would lie as well. even if misleading. he confirmed were in that definition I want to refresh your recollection. The exact quotes, people are worried and said, ‘‘I did not do those things. I These charts we put up some time be- about the exact quotes. What are the did not touch those parts.’’ Monica fore—you have them in front of you. words? Lewinsky, if you believe her, testified This is a direct quote from her. We And so I said to them things that were true that he did do those things—many showed this on television Saturday, about this relationship . . . so, I said things times. where she was reading from her grand that were true. They may have been mis- He committed perjury when he said jury deposition and confirming, this is, leading . . . so, what I was trying to do was he didn’t do those things, if you believe indeed, what she said and what she— to give them something that could—that Monica Lewinsky. If you are going to would be true, even if misleading. . . . her interpretation of that affidavit, vote to convict the President on the ar- phone conversation, despite everything That was played on television in the ticles of impeachment regarding ob- else you heard. White House presentation a few min- struction of justice, I urge you in the She said: utes ago. That was perjury. What he strongest way to also vote to convict told Sidney Blumenthal was not true. him on the perjury article as well. I For me, the best way to explain how I feel what happened was, you know, no one asked It wasn’t just misleading, it was not think you would be doing a disservice me or encouraged me to lie, but no one dis- true. And he knew it was not true and not to do that, and it would be sending couraged me either. . . . it was perjury in front of the grand a terrible message about perjury and . . . It wasn’t as if the President called me jury. the seriousness of it for history and to and said, ‘‘You know, Monica you’re on the If you believe the President com- the American people. witness list, this is going to be really hard mitted the crimes of witness tampering As you have seen in the Federal Sen- for us, we’re going to have to tell the truth and obstruction of justice when he tencing Guidelines, which Mr. Ruff and be humiliated in front of the entire called Betty Currie to his office the talked about a while ago, perjury and world about what we’ve done,’’ which I would day after his deposition and told her, obstruction of justice do have, under have fought him on probably. That was dif- the baseline guidelines, a higher ferent. And by him not calling me and saying ‘‘You were always there when she was, that, you know, I knew what that meant. right’’—the ones I just read to you, and amount of sentencing than simple, ... the other statements to coach her— plain ‘‘vanilla’’ bribery does. That is where they start. He is right, you can ‘‘I knew what that meant.’’ surely you must also conclude that the She lied in that affidavit. The Presi- President committed perjury before get enhancements for aggravating circumstances for bribery in certain dent, clearly, intended to influence her the grand jury when he told the grand cases, and you can get a greater sen- by suggesting the affidavit and all the jurors his purpose in making these tence. But so can you get a greater sen- other things that went on in that con- statements. tence for perjury if there was a signifi- versation, and all of the circumstances These are his exact words to the cant effort to wrongfully influence the that were there. grand jurors: administration of justice, for example; Monica Lewinsky was equally clear I was trying to figure out what the facts and you can get a significantly en- in her testimony to you Saturday that were. I was trying to remember. I was trying hanced sentence for perjury if you com- Betty Currie called her about the gifts, to remember every time I had seen Ms. Lewinsky. mitted perjury, and so on. not the other way around. And surely That is not true. He knew that was We didn’t choose to bring up a litany nobody believes that Betty Currie and show all the enhancements. Of would have called Monica Lewinsky not true. That is not what he was doing. No one can rationally reason course, you can do that. But for the about the gifts on December 28 unless pure base, there is no question about the President had asked her to do so. that that is what he was trying to do when he made the coaching statements it. And then the day after the Presi- The other significant thing that you dent’s deposition in the Jones case, the to Ms. Currie. That was perjury in front of the grand jury. will recall I brought up—some of us President clearly committed the did—a couple of weeks ago is witness crimes of witness tampering and ob- And then we have heard a lot of talk about the civil deposition. Nobody is bribery. Bribing a witness is treated struction of justice when, in logical an- more severely under sentencing guide- ticipation of Betty Currie being called trying to prove up that deposition or is lying in here today. Nobody is trying lines for base sentencing than ordinary as a witness, he said to Betty Currie, bribery is. Clearly, all three are high ‘‘You were always there when she was to use that as a duplication or anything else of the sort. But the Presi- crimes and misdemeanors. there, right? We were never really What are the consequences of failing dent said before the grand jurors: alone. You could see and hear every- to remove this President from office if thing. Monica came on to me and I My goal— you believe he committed the crimes of never touched her, right? She wanted Talking about the Jones case deposi- perjury and obstruction of justice? to have sex with me and I can’t do tion— What are the consequences of failing to that.’’ in this deposition was to be truthful.... do that? What is the downside? I am not going to rehash all of the That is the lie. That is the perjury. First, at the very least, you will evidence in this case again, but it is That is as simple as the second count leave a precedent of doubt as to wheth- my understanding that some of you of the perjury article is. Does anybody er perjury and obstruction of justice

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 2016 CONGRESSIONAL RECORD—SENATE February 8, 1999 are high crimes and misdemeanors in as he is popular, we are going to treat crimes and misdemeanors have been impeaching the President. In fact, your him differently with regard to keeping committed. vote to acquit under these cir- his job than any other person in any In their submission to the House of cumstances may well mean that no other position of public trust in the Representatives they stated unequivo- President in the future will ever be im- United States of America. The Presi- cally that ‘‘the Constitution requires peached or removed for perjury or ob- dent is the Commander in Chief; he is proof of official misconduct for im- struction of justice. Is that the record the chief law enforcement officer; he is peachment.’’ Those are their words. I that you want? the man who appoints the Cabinet; he quote them again. ‘‘The Constitution Second, you will be establishing the appoints the judges. requires proof of official misconduct precedent that the standard for im- Are you going to put on the record for impeachment.’’ Indeed, that state- peachment and removal of a President books the precedent that all who serve ment was the primary heading for their is different from that of impeaching or under the President and whom he has whole argument on constitutional removing a judge or any other official appointed will be held to a higher standards. And likewise, in their trial while, arguably—although it never standard than the President? What leg- memorandum submitted to the Senate, happened—a Federal judge could be re- acy to history is this? What mischief they argue that impeachment should moved for the lesser standard under have you wrought to our Constitution, not be used to punish private mis- the good behavior clause of the Con- to our system of government, to the conduct. stitution. Such a removal would have values and principles cherished by fu- Subsequently they have apparently to be by a separate tribunal, by a pro- ture generations of Americans? All this abandoned this position, recognizing cedure set by statute, because under because—I guess this is the argument— that it would lead to the absurd result the impeachment provisions of the Clinton was elected and is popular with of maintaining in office Presidents who Constitution which all judges have the people? All this, when it is clear were undoubtedly unfit to serve. They been removed under previously, the that a vote to convict would amount to now begrudgingly concede that a Presi- same single standard exists for remov- nothing more than the peaceful, or- dent is not necessarily impeached and ing the President as for removing a derly, and immediate transition of gov- removed simply because these crimes judge. That standard is that you have ernment of the Presidency to the Vice did not involve the abuse of powers of to have treason, bribery, or other high President? his office. They have been driven to crimes and misdemeanors. William Jefferson Clinton is not a concede there are at least some cir- So while the Constitution on its face king; he is our President. You have the cumstances in which a President may does not make a distinction for remov- power and the duty to remove him be removed for crimes not involving ing a President or removing a judge, if from office for high crimes and mis- what they call ‘‘official misconduct.’’ you vote to acquit, believing that the demeanors. I implore you to muster But, of course, they contend that the President committed perjury and ob- the courage of your convictions, to circumstances in this case don’t even struction of justice, for all times you muster the courage the Founding Fa- justify consideration of removal. are going to set a precedent that there thers believed that the Senate would In the proceedings in the House and is such a distinction. always have in times like these. Wil- in their trial memorandum submitted Third, if you believe the President liam Jefferson Clinton has committed to the Senate, the President’s lawyers committed the crimes of perjury and high crimes and misdemeanors. Con- made much of the argument that tax obstruction of justice and that they are vict him and remove him. fraud by a President of the United high crimes and misdemeanors, but I yield to Mr. CANADY. States would not be sufficiently serious you do not believe a President should The CHIEF JUSTICE. The Chair rec- to justify impeachment and removal. I be removed when economic times are ognizes Mr. Manager CANADY. had mentioned this before in these pro- good and it is strongly against the pop- Mr. Manager CANADY. Thank you, ceedings. And I mention it again now ular will to do so, by voting to acquit Mr. Chief Justice. because it vividly demonstrates the you will be setting a precedent for fu- Members of the Senate, during the low standard of integrity, the patheti- ture impeachment trials. next few minutes I would like to ad- cally low standard of integrity that Can you imagine how damaging that dress the constitutional issue you are would be established for the Presidency could be to our constitutional form of called on to decide in this case: Are the if the arguments of the President’s government, to set the precedent that crimes charged against the President lawyers are accepted by the Senate. no President will be removed from of- offenses for which he may be removed Perhaps I missed something. But I do fice for high crimes and misdemeanors from office? Are these crimes high not recall any mention of the tax fraud unless the polls show that the public crimes and misdemeanors? Are these issue by the President’s lawyers in the wants that to happen? Would our crimes that proceed, as Alexander course of their various presentations to Founding Fathers have ever envisioned Hamilton said, ‘‘from the abuse or vio- the Senate. Could it be that the Presi- that? Of course not. Our Constitution lation of some public trust’’? dent’s lawyers have come to under- was structured to avoid this very situa- The President’s lawyers have argued stand that the argument that tax fraud tion. vigorously that even if all the charges is not an impeachable offense does not Fourth: Then there is what happens against the President are true, the strengthen their case, but on the con- to the rule of law if you vote to acquit. Constitution forbids the removal of trary highlights the weakness of their What damage is done for future genera- this President. They contend that this case? Tax fraud by a President, like tions by a vote to acquit? Will more isn’t even a close case, that the crimes lying under oath and obstruction of witnesses be inclined to commit per- charged against the President are far justice by a President in this case, jury in trials? Will more jurors decide removed from the constitutional cat- would of course be wrong. It would be that perjury and obstruction of justice egory of high crimes and mis- shameful, indefensible, unforgivable, should not be crimes for which they demeanors—a category of offenses they but—this is the big ‘‘but’’—it would not convict? No military officer, no Cabi- have sought to restrict narrowly to be impeachable, they say; not even a net official, no judge, no CEO of a misconduct causing ruinous harm to close case. Bad? Yes. But clearly not major corporation, no president of a the system of government. impeachable. And why that? Why university, no principal of a public While the President’s lawyers have would it not be impeachable? Why is it school in this Nation would remain in been consistent in urging a narrow and clearly, unquestionably unimpeach- office, no matter how popular they restricted understanding of the im- able? This is the answer. This is the were, if they committed perjury and peachment and removal power, they heart and soul of the President’s de- obstruction of justice as charged here. have not been—and I repeat—they have fense. Tax fraud and a host of unde- To vote to acquit puts the President not been consistent in describing the fined other crimes, like lying under on a pedestal which says that, as long standard used to determine if high oath and obstruction of justice in this

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 February 8, 1999 CONGRESSIONAL RECORD—SENATE 2017 case, are just not serious enough for what is serious enough to justify re- prison for doing such things. He knew impeachment and removal. That is the moval. Instead, they have simply that it was contrary to his oath of of- answer. That is the defense. It is just sought to minimize the significance of fice. He knew that it was incompatible not serious enough. All the grand legal the particular offenses charged against with his constitutional duty as Presi- argument, all the fine legal distinc- the President. dent. And he most certainly knew that tions come down to the simple, this Today we heard and attempt to mini- it was a very serious matter. I am sure marvelously simple proposition. It is mize the significance of perjury. I was he believed he could get away with it, just not serious enough. somewhat amazed to hear that. There but I am equally sure that he knew Let me refer you once again to a was no mention made of what the first just how serious it would be if the statement from the 1974 Report on Con- Chief Justice of the United States, Jus- truth were known and understood. stitutional Grounds for Presidential tice Jay, had to say about perjury, He knew all these things. In the Impeachment prepared by the staff of being of all crimes the most pernicious midst of it all, he showed not the the Nixon impeachment inquiry. I want to society. That was omitted from the slightest concern for the honor, the to cite a portion of that report that I President’s analysis. dignity, and the integrity of his high have previously cited to you. The But let me say this: I believe that we office. When he called Ms. Lewinsky at President’s lawyers have also cited this should focus on any mitigating cir- 2:30 in the morning, he was up to no very same statement in both their trial cumstances. We should also focus on good, just as my colleague, Mr. memorandum and their argument dur- the aggravating circumstances that re- GRAHAM, noted. He knew exactly what ing these proceedings. late to the particular facts of a given he was doing. When he called Ms. This is what the report says: case. I would like to briefly review the Currie into his office twice and told her Because impeachment of a President is a factors advanced at mitigating the se- lies about his relationship with Ms. grave step for the Nation it is to be predi- riousness of the President’s crimes. Lewinsky, he knew exactly what he cated only upon conduct seriously incompat- We all know what the leading miti- ible with either constitutional form and was doing. principles of our government or the proper gating factor is. We have all heard this When he sent Ms. Currie to retrieve performance of constitutional duties of the 1,000 times. It goes like this: The of- the gifts from Ms. Lewinsky—and that Presidential office. For our purposes now, fenses are not sufficiently serious be- is the only way it happened—he knew impeachment is to be predicated only upon cause it is all about sex. This is di- exactly what he was doing. He was conduct seriously incompatible, or the prop- rectly linked to the claim that the tampering with witnesses and obstructer performance of constitutional duties of President was simply trying to avoid ing justice. He was doing everything he the Presidential office. personal embarrassment in committing could to make sure that Paula Jones That is a standard the managers ac- these crimes. The problem with this ar- did not get the evidence that a Federal cept. That is a standard the President’s gument is that it proves too much. district judge had determined and or- lawyers apparently also accept, and It is very common for people to lie dered that she was entitled to receive. that is a standard I hope all 100 Mem- under oath and obstruct justice to do He was doing everything he could to bers of the U.S. Senate could accept. I so at least in part to avoid personal avoid adverse legal consequences in the believe we can reach agreement on this embarrassment. People engage in such Jones case. That is what he planned to standard. The problem comes, of conduct in their efforts to extricate do, and that is what he did. And to cap course, in applying the standard. There themselves from difficulty and embar- it all off, he went before the Federal is the rub. A wide gulf separates us on rassing situations. To a large extent, grand jury and lied. how this standard should be applied. the offenses of President Nixon could Whatever you may think about the The President’s lawyers say that under be attributed to his desire to avoid em- President’s testimony to the grand this standard the case against the barrassing revelations. Did that reduce jury, one thing is clear. He didn’t lie to President isn’t even worth considering. his culpability? Did that lessen the se- the grand jury to avoid personal em- The managers argue on the contrary, riousness of his misconduct? The an- barrassment. The DNA on the dress had that a conscientious application of the swer is obvious. It did not. ensured his personal embarrassment. standard leads to the firm conclusion The desire to avoid embarrassment is There was no avoiding that. There was that the President should be convicted not a mitigating factor. Likewise, the no way to explain away the DNA. The and removed. nature of the precipitating misconduct stakes were higher before the Federal Our fundamental difference goes to of a sexual affair does not mitigate the grand jury. This wasn’t about avoiding the issue of seriousness. It all goes seriousness of the President’s crimes. If personal embarrassment. This wasn’t back to the claim of the President’s you accept the argument that it is just about avoiding liability in a sexual lawyers that his offenses just are not about sex, you will render the law of harassment case. This was a Federal serious enough to justify removal. I think we have agreement that ob- sexual harassment virtually meaning- criminal investigation concerning struction of justice and lying under less. Any defendant guilty of sexual crimes against the system of justice. oath are incompatible with the proper harassment would obviously have an This was about lying under oath and performance of the constitutional du- incentive to lie about any sexual mis- obstructing justice in the Jones case. ties of the Presidential office. A Presi- conduct that may have occurred. But And what did he do when he testified dent who has lied under oath and ob- no one—no one—has the license to lie to the grand jury? He said anything he structed justice has by definition under oath about sex in a sexual har- thought he needed to say to avoid re- breached his constitutional duty to assment case or a divorce case or any sponsibility for his prior crimes. The take care that the laws be faithfully other case. prosecutors went down to the White executed. I would suggest to you that an objec- House, and William Jefferson Clinton Such conduct is directly and unam- tive review of all the circumstances of sat there as President of the United biguously at odds with the duties of this case—and you need to look at all States in the White House and he lied this office. So far so good. But here is of the circumstances, all of the facts in to a Federal grand jury. He sat there in the real question. Is that conduct seri- context—if you do that, you will be the White House and he put on his ously incompatible with the Presi- pointed not to mitigating factors, but most sincere face. He swore to God to dent’s constitutional duties? to aggravating factors. tell the truth, and then he lied. He That is the question you all must an- The conduct of the President was cal- planned to lie, and he executed his plan swer. If you say yes, it is seriously in- culated and sustained. His subtle and because he believed it was in his per- compatible, you must vote to convict determined purpose was corrupt. It was sonal and political interests to lie. and remove the President. If you say corrupt from start to finish. He knew Never mind the oath of office. Never no, you must vote to acquit. exactly what he was doing. He knew mind the constitutional duty. Never The President’s defenders have not that it was in violation of the criminal mind that he solemnly swore to God to offered a clear guide to determining law. He knew that people could go to tell the truth.

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 2018 CONGRESSIONAL RECORD—SENATE February 8, 1999 Now, ask yourself this simple ques- fact that the polls support this Presi- that support a conviction. The Presi- tion: Was this course of conduct seri- dent and that the stability issue would dent and his attorneys, as I said the ously incompatible with the Presi- be in play. And that is simply not the other day, have made a good defense dent’s duty as President? If this case because we all clearly understand and have tried to paint a picture to the doesn’t fall within the meaning of the that it is this body’s function to deter- facts I think that simply does not offenses Alexander Hamilton described mine not only the facts of this case, match with logic or common sense. as ‘‘proceeding from the abuse or viola- but also apply to it the law, as well as Take, for instance, the affidavit. tion of some public trust,’’ tell me the constitutional law as to the re- Now, we continue to see Ms. Lewinsky what would. I would respectfully sug- moval and conviction process. testifying on video that she never gest to you that this is exactly the sort I still remain concerned with oppos- talked with the President that night or of conduct that the Framers had in ing counsels’ continued reference that never made—about linking the false mind when they provided a remedy for the House managers want to win too story, the concocted story with the af- the removal of the Chief Executive who much. I know I am not that eloquent, fidavit. And Mr. Ruff, I think, chal- is guilty of misconduct. I believe that but I did try to make that point the lenged people to say, well, what do you they would have rejected the argument other day, and I will make it again. If think the President meant to do that that this deliberate, willful, stubborn, I have to take an oath to tell the truth, night when he called her at 2:30 in the corrupt course of criminal conduct just the whole truth, and nothing but the morning? isn’t serious enough for the constitu- truth, I will do that and tell you we are Well, what do you think he intended tional remedy the Framers established, not trying to win at all costs. This has to do in that call at 2:30 in the morn- a remedy that they designed to protect been a process that I think has been ing? Do you think he called her to tell the health and integrity of our institu- healthy for this country, and regard- her he had a Christmas present for her, tions. less of the outcome—it is going to be in or do you think his intent was to tell Those who established our Constitu- your hands very shortly. Regardless of her, which he did, that you have been tion would have understood the seri- the outcome, this country will benefit listed on the witness list and you could ousness of the misconduct of William not only in the short term but in the be subpoenaed. And, you know, you Jefferson Clinton. They would have un- long term from this debate. might give an affidavit to avoid testi- derstood that it was the President who There are many, many other issues fying. He suggested the affidavit, and has shown contempt for the Constitu- at stake here, and I tried to tell you a then he said in that same conversation, tion, not the managers from the House few the other day, without this concept well, you know, you can always use of Representatives. They would have that all we want to do is win, as if it is that cover story. understood the seriousness of the ex- a simple game. We have been over the Why would he suggest using a cover ample of lawlessness he has set. They last 4 weeks, as men and women, as or- story that night? Were they even see- would have understood the seriousness dinary men and women I might say, in- ing each other then? It belittles all rea- of the contempt for the law the Presi- volved in an extraordinary process. It sonable judgment to accept this type of dent’s conduct has caused. They would is uniquely thorough. And we have defense of this conduct, that it was an have understood the seriousness of the tried to blend the facts of this case innocent phone conversation, the damage the President has done to the with the law of the charges, together President really meant nothing by it, integrity of his high office. Those wise with the politics and the polls and the and the fact that Ms. Lewinsky said, statesmen who established our form of media, and we have had to make some well, I didn’t connect the two. But look government would have understood the tough decisions. We have had to make at what she did. She went to her lawyer seriousness of the harm President Clin- some difficult decisions—I know we and used that concocted story in an af- ton has done to the cause of justice and have on our side—as to what witnesses fidavit that she filed in the case. constitutional government. They to call, how to treat these witnesses in Now, it was in the draft affidavit. would have understood that a Presi- depositions. I know on this side they They took that out later for other rea- dent who does such things should not have had to make difficult calls, I am sons. But she did tell her lawyer that, remain in office with his crimes. sure. There has been some talk about and they attempted to use it. But, Ladies and gentlemen of the Senate, having the President come down or not again, it is the President’s state of for the sake of justice and for the sake coming down. And what has in large mind that matters and what his intent of the Constitution, this President part made this process distinct from was on the false affidavit. should be convicted and removed. past impeachments—and I am talking And then that same false affidavit The CHIEF JUSTICE. The Chair rec- about the one last century of the Presi- was later used in the court, and the ognizes Mr. Manager BRYANT. dent—and the subsequent judicial im- President knew it was false. He knew it Mr. Manager BRYANT. Thank you, peachments has been just, it seems, the was false—used in the deposition. And Mr. Chief Justice. media and the daily grind on all of us, we have seen the deposition testimony, Members of the Senate, the distin- the critiques. It is almost as if we are with the President sitting, listening to guished colleagues of the bar rep- performing, we are in a play, and every his lawyer talk about that affidavit resenting the President, I want to com- day we get a review. We have been when he submitted it. And he ob- mend them for an outstanding effort good, bad or indifferent. structed justice by not objecting at that they have made throughout these What concerns me most about that is that point, not instructing his own proceedings and tell them that I just that as you move to the very serious lawyer: Don’t put that false evidence read a poll from a couple days ago, that issue of deciding whether or not this into this testimony. something over 80 percent of the Amer- President should be convicted based on People stand up and laugh and say, ican people believe the President is the facts, and whether this President you know, he was not paying any at- guilty of something here. But I think should be removed, I am concerned tention, and they got this silly affi- that moots our entire debate. I don’t that people are stretching the trees. davit from this guy who was there and think there is any need to even talk And if that is what you see on TV and said he was looking at his lawyer but about the facts any longer because of that is what you read in the paper, you he couldn’t tell what he was thinking. the poll. are going to see the trees and not the Of course he couldn’t tell what he was I use that tongue in cheek because forest here and miss the big picture. thinking. Nobody is a mind reader. But that seems to beg the question that we That is so important. It is not about this was a critical affidavit at that are also going to talk about today, and the personalities of these people or the time which was going to cut off critical that is whether the President ought to personalities here or the politics in- testimony in that case, and you can be removed for his conduct. And one of volved or the polls, but it is about the just about guarantee, I would say 100 the arguments I have heard put for- facts. And ladies and gentlemen of the percent, that the President was indeed ward since we have been here is the Senate, there are conclusive facts here listening very carefully, knew that his

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 February 8, 1999 CONGRESSIONAL RECORD—SENATE 2019 lawyer was submitting a false affidavit, counsel very, very well argued the who are less than the President but yet and did nothing to stop it. That is an- issue of proportionality. And, again, who are watching, watching very close- other count of obstruction of justice. proportionality simply means that the ly what we do up here. But set that Tampering with Betty Currie—two legacy of this Senate and this Congress standard high for the President. Don’t occasions. And they say, well, nothing will be that we have destroyed sexual lower our expectation in what we ex- happened between the first time and harassment laws because what we are pect of the President. And I think if the second time. I am not so sure le- going to say—when you argue that pro- you do that, if you look high, if you set gally that matters. It was 2 or 3 days portionality, think about what it is. the standard high, that the right thing after it happened, 2 or 3—the day fol- We have heard this issue about, will be done. lowing his deposition and 2 or 3 days ‘‘Well, back in my hometown, 80 per- I have confidence and have trust, and after that. Initially, remember his decent of the people who get divorces lie have just been so pleased with the way fense was: I was simply trying to recall about this issue.’’ Certainly we don’t we have been received here. I know you what happened. And then we brought want that to be the legacy of this Con- will do the right thing. up the fact: Why did you go the second gress, that we legitimate lying in di- I apologize to you, as I will be talk- time? Did you have a short memory? vorce cases; nor would we want to have ing to you probably for my last time, if Didn’t you get it right the first time? the legitimacy of this Congress being I have come across being up here And now we hear the defense today that we did not support the sexual har- preaching to you. It is not my intent to that nothing really changed and it is assment laws, because you know and I lecture you. You do not need any lec- really one issue there, one big tam- know that this is an important part. tures from me or anyone else to preach pering rather than two attempts to Going back and getting accurate, to you. I hope I have had that oppor- tamper—still obstruction of justice. truthful testimony is absolutely essen- tunity to rebut some of the area—the The job situation Mr. HUTCHINSON tial in these types of cases. And if we proof in the area that I am in charge will talk about later. Mr. Blumenthal, send a message out on the proportion- of. But I will just simply sit down by the same thing; I am sure Mr. ROGAN ality theory that it is just about sex telling you there is conclusive proof will talk about him in a minute. and you can lie about it, it will be the here, particularly in terms of the ob- But if you will look carefully, you wrong thing to do. struction of justice charges, of the hid- will see that the President is the only The laws, like the facts, are a very ing of the evidence, of the filing of thread that goes from each one of stubborn thing. And the fact that the false affidavit. these, from the very beginning, from economy is good and people are doing I think I did skip over the hiding of the point when he met Monica well—if the law has been broken, if per- the evidence. Let me just quickly say, Lewinsky and from that point when he jury has been committed, if obstruc- I am not sure a lot new can be added to looked at that pink pass and said: You tion of justice has been committed by what was said in the past. But if know, that’s going to be a problem. this President, it is my belief that the Monica is telling the truth, as her law- And you know why that was going to fact that the economy is good should yers or as the President’s lawyers seem be a problem. Because that limited her not prevent this Senate from acting to tell you, that is a no-brainer there, access to this President and what he and removing the President. Just as if because she says, ‘‘I know for a fact was going to do. But from that point the economy were bad, you wouldn’t that Ms. Currie called me, that she ini- until they terminated the relationship, want to be able to go in there and im- tiated the call.’’ And as I told you the this President is involved in each one peach the President because it is bad, other day, from that point forward it of these issues of the obstruction of you don’t want to not impeach him seems to me a moot issue, because the justice. simply because the economy is good. initiation of the phone call by Betty It is always him, by himself, testi- It is a difficult task. We have had a Currie began a process to hide that evi- fying falsely, sitting there letting his difficult task bringing this case over to dence. And the only way that Betty lawyers submit a false affidavit, or it is you. And I thank you. You have been Currie would have known to make that him and one other person—he and here the 4 weeks in attendance. You call, to begin that process of hiding Monica Lewinsky talking about filing paid attention. When it was your turn evidence, would be to have had a con- a false affidavit; he and Monica to ask questions, you asked very good versation with the President, to have Lewinsky talking about a concocted questions. You have been ready to lis- been instructed that way. story to testify. He and Betty Currie on ten and I thank you for that. For the President, whose intent was two occasions: Betty, you remember You have a difficult task ahead of to conceal the relationship, it would the testimony was like this. you. I know when I voted on this I have been totally inconsistent for him He and John Podesta, Sidney thought, ‘‘If this were a Republican to suggest that she turn the evidence Blumenthal, the many aides—talking President, what would I do?’’ It is a over. It would have been totally con- to them individually, giving them a tough choice. And I said, ‘‘But I really sistent for him to ask Betty Currie to false story. As Mr. HUTCHINSON pointed think I would have voted the same way go out and hide the evidence, get it out so well in his argument the other I voted even if it were a Republican from Ms. Lewinsky and hide the evi- day, it is always a private issue in President.’’ I know. Like Mr. CHABOT, I dence. terms of no one else knows what is voted for Mr. Carter in 1976. I voted for As I close, let me just tell you, too— going on. Vernon Jordan didn’t know Mr. Reagan in 1980, I might add, but I on the heels of Mr. CANADY—that there what was happening with the affidavit, voted for Mr. Carter in 1976 after the are law professors who testified in our necessarily. Betty Currie didn’t under- 1974 incident. hearing who have the contrary view to stand what was happening with the af- It is tough. And what has made it aw- the view that was expressed by other fidavit, or the job search, to the point fully hard is that you all have also law professors that Mr. Ruff referred that they knew what was going on. taken an oath to do impartial justice. to, that it is constitutional to impeach Look at and analyze each one of these I simply ask you, as you consider these a President for conduct that is not and you will see that there is a facts and do impartial justice, that you clearly official, that might be de- compartmentalization going on with set a standard that, if you believe the scribed as personal, particularly con- this President. And he is at the center President indeed did commit either duct of perjury or obstruction of jus- of it each time. perjury or obstruction of justice or tice. Now, what do we do with it? What do both of those, that you set that stand- Professor Turley says: you do with it? It is going to be in your ard high for the President, for the next In my view, serious crimes in office, such hands very shortly, and I want to ad- President, for the next generations; as lying under oath before a federal grand dress just a couple of points on the con- you set that standard high for our jury, have always been ‘‘malum in se’’ constitutional issue of the conviction and courts that have to deal with perjury duct for a president and sufficient for im- the removal, because White House and obstruction every day, with people peachment.

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 2020 CONGRESSIONAL RECORD—SENATE February 8, 1999 Professor John McGinnis of Ben- peated by the witnesses to the grand jury, from witnesses that have been brought jamin Cardozo Law School says that causing the grand jury to receive false and before this body, whose sworn testi- obstruction of justice is clearly within misleading information. mony you have received, whose sworn the ambit of high crimes and mis- The article is appropriately drafted, testimony they defended and rely upon, demeanors. is well stated, and gives them total no- but when it comes to this, they say, If there is any question of this pri- tice as to what that charge is about. ‘‘No, it’s the managers.’’ vate conduct versus personal conduct, Some of the other arguments have Then they come to another pillar of that view is out there. Given the right been handled by my colleagues, but Mr. obstruction, the one that they avoid at type of personal misconduct, it is Ruff also said, Why have the managers every opportunity, but finally ad- clearly an impeachable offense. With never, never explained, if this is such dressed today, and that is the coaching that, I call Mr. Manager HUTCHINSON to an urgent matter for the President, of Betty Currie. I was interested that follow me. why did he wait until December 17 to they finally talked about this, the first The CHIEF JUSTICE. The Chair rec- tell Ms. Lewinsky that she was on the coaching incident and then the second ognizes Mr. Manager HUTCHINSON. list? one. Mr. Ruff tried to go into that it is Mr. Manager HUTCHINSON. Thank I am afraid Mr. Ruff failed to listen clear that it occurred on January 20 you, Mr. Chief Justice. to my opening presentation when I rather than 21. In fact, it is her testi- Ladies and gentlemen of the Senate, went through that timeframe. In that mony that it occurred on one of those when I was appointed as a manager, I timeframe, the witness list came out days. But they miss the point. hoped to present the case before the on December 5, it continued to accel- The legal significance of the second Senate with my colleagues in a manner erate, December 11 was Judge Wright’s coaching episode is that it totally goes that was consistent with the dignity of order. Then it was December 17 that against the defense of the President— this great body and also respectful of the call was made at 2 a.m. in the that it was there, he was doing this to the constitutional independence of the morning to let Ms. Lewinsky know she acquire information, to get facts, to Senate. I hope that you agree and be- was on the list. Why was it December help in media inquiries. lieve that we have done that as we 17? This is in the President’s mind. No If that is the case, there is absolutely have come over here. one knows why he picked that par- no reason for it to be done on the sec- During the months of this trial proc- ticular date, but perhaps it was that ond occasion and, clearly, she was ess, I have grown to appreciate the in- the job search was well underway then. known to be a witness at that time, stitution of the Senate to a greater de- He felt like she could handle this dis- and that is the legal significance. gree than ever before, but I think of tressing information and, in fact, on It goes to his intent, his motive, even more importance to me, I have the day after that call, she already had what he is trying to do to a subordi- grown to respect the individuals that two interviews lined up on that same nate employee. The fact of this matter comprise this body more than ever. Let day, December 18, set up by Mr. Jor- is that this is not a case that is based me say, it has been a privilege to ap- dan. So perhaps it was an appropriate upon circumstantial evidence. On each pear before you. time to let her know she was on the element of obstruction, there is direct As we come to the close of this case, witness list. testimony linking the President to a let’s go to the key questions that They raised the question about the consistent pattern of conduct designed should be on your mind. First of all, Christmas gifts. You have the testi- to withhold information, conceal evi- has the obstruction of justice and per- mony of Betty Currie, you have the dence and tamper with witnesses to jury cases been proven? Have the alle- testimony of Ms. Lewinsky, and the avoid obedience and directives of a gations been proven? My colleagues issue is simply: Do you believe Monica Federal court. have touched upon the perjury. Let me Lewinsky? If you accept her reluctant Let’s look at the direct proof, not talk about article II on the obstruction testimony, yet forceful and clear testi- circumstantial evidence, but direct tes- of justice. mony, that the call came from Betty timony. The White House defense team, com- Currie, then you have no choice but to What did Vernon Jordan testify as to posed of extraordinarily distinguished conclude that the retention of the the President’s involvement in the job and talented attorneys, has tried to di- gifts, the retrieval of the gifts was ini- search? minish the significance of the over- tiated by the President of the United Question to Mr. Jordan: whelming facts on obstruction by using States. You’re acting in behalf of the President certain phrases such as, ‘‘It’s all cir- When you go to the job search, and when you’re trying to get Ms. Lewinsky a cumstantial,’’ or ‘‘The managers ignore they point to the testimony, they job and you were in control of the job those stubborn facts,’’ or ‘‘They want played the video of Mr. Jordan who search? to win too badly,’’ or ‘‘It’s a shell with said that there was never a conversa- His answer: no shell.’’ And today the latest catch tion in which both the job and the false Yes. phrase, ‘‘moving targets, empty pots.’’ affidavit were discussed together, they He was acting at the direction of the Those are certainly quotable phrases cut it off at that point. You remember President and he was in control. designed to diminish the factual pres- I had a ‘‘but’’ in there. If you had heard What did Vernon Jordan testify he entation with dripping sarcasm, but I further beyond that, you would have told the President when a job was se- believe that they ignore the underlying heard me cross-examining Mr. Jordan, cured for a key witness and the false facts, testimony, and evidence that has as I did, and reminding him of his pre- affidavit was signed? been presented. vious testimony in which he acknowl- Mr. President, she signed the affidavit, she Let me just address a couple of argu- edged that in every conversation with signed the affidavit. ments that Mr. Ruff has presented dur- Ms. Lewinsky, they talked about the Then the next day, the job is secured ing his presentation. job. So he acknowledged that they and the report to Betty Currie, the re- The first argument that he presented talked about the job and the affidavit port to the President, ‘‘Mission accom- as he described it was a technical argu- all in the same conversation together. plished.’’ ment, that the article II obstruction of Mr. Ruff makes the point that the Is this circumstantial evidence? This justice charge in the articles of im- managers got close enough to accuse is direct testimony by a friend and con- peachment on the lying to the aides Mr. Jordan of telling Ms. Lewinsky to fidante of the President, Vernon Jor- was not really in reference to the Fed- destroy the notes, implying that we are dan. eral civil rights case, and that is a true making up this. But is this evidence Who is the one person who clearly statement. But if you read article II, that is coming from the managers? It knew all of the ingredients to make the paragraph 7, it refers to this and says: is my recollection that it is testimony job search an obstruction of justice? It . . .The false and misleading statements coming from Ms. Monica Lewinsky. We was the President who knew he had a made by William Jefferson Clinton were re- are not concocting this. It is testimony dangerous relationship with Ms.

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 February 8, 1999 CONGRESSIONAL RECORD—SENATE 2021 Lewinsky. He knew his friend was se- tion is being circulated emphasizing government never wins or loses a case. curing a job at his direction, and he that the President can be held crimi- The government always wins when jus- knew that a false affidavit was being nally responsible for his actions when tice is done.’’ Well, this is the Congress procured at his suggestion. He was the he leaves office. This is not too subtle and this is the Senate. And it is your one person who knew all the facts. of a suggestion that the independent responsibility to determine the facts Fourthly, Ms. Lewinsky, is this cir- counsel go ahead and file criminal and to let justice roll down like mighty cumstantial evidence or direct testi- charges against the President.’’ waters. mony when she talked about what the I appreciate Judge Starr, but I do not The CHIEF JUSTICE. The Chair rec- President told her on December 17? She believe that is what the country has in ognizes Mr. Manager ROGAN. was a witness, and immediately fol- mind when they say they want to get Mr. Manager ROGAN. Mr. Chief Jus- lowing the fact she was a witness, the this matter over. I do not believe your tice, distinguished counsel for the suggestion that she could use the cover vote on the articles of impeachment President, Members of the U.S. Senate, stories, the suggestion that she could should be a signal to the independent for me the most poignant part of this use an affidavit. counsel to initiate criminal pro- entire proceeding was the day, a few Direct testimony, was it direct proof ceedings. It appears to me that that is weeks ago, when we were addressed by about the President’s tampering with the implication of this censure resolu- the distinguished former Senator from the testimony of Betty Currie? It was tion being discussed. Arkansas, Dale Bumpers. And probably Betty Currie herself who acknowledged I would emphasize that it is this body the thing that touched me most about this and testified to it. No, this is not that the founding fathers entrusted his presentation is when he talked circumstantial evidence, it is direct with the responsibility to determine about the human element of what this testimony. whether a President’s conduct has impeachment proceeding has meant The same with Sidney Blumenthal. breached the public trust. And your de- and how difficult that has been. Direct testimony after direct testi- cision in this body should conclude this It touched me because it made me re- mony painting a picture, setting up the matter. It should not be the initiation member that that difficulty is not lim- pillars of obstruction. of another national drama that will be ited solely for Democrats in this Cham- They want you to believe Monica carried over the next 3 years. ber. I am one of the House managers. I Lewinsky sometimes, but they don’t And finally, there are some who con- am a Republican today. But that was want you to believe her other times, sider the politics of this matter. We not always the case. I used to be a and you have to weigh her testimony. have proven our case. I entered this Democrat. And being a House manager I could go on with the facts, but the body thinking that this was a legal, ju- in the impeachment of President Clin- truth is that our case on obstruction of dicial proceeding and not political. And ton has been especially difficult for me. justice has been established. Some of I have been reminded there are polit- And I would like to tell you why. Twenty years ago, in December 1978, you might conclude, ‘‘Well, I accept ical aspects under the Constitution to I was finishing my last semester of col- five or six of those pillars of obstruc- a Senate trial. So I concede the point. lege and had just applied to law school. tion, but there is one I have a reserva- We are all familiar with ‘‘Profiles in I was waiting for my application to be tion about.’’ If you look at the article, Courage’’ written by John F. Kennedy. accepted someplace. And in December if there is one element of obstruction He reminds us of the courageous act of of 1978, I was a delegate in Memphis, that you accept and believe and you Senator Edmund G. Ross in voting for TN, to the Democratic Midterm Con- agree upon, then that is sufficient for the acquittal of President Andrew vention. conviction and, surely, it is sufficient Johnson in his impeachment trial. Sen- Now, at that time President Carter to convict the President, if there was ator Ross was a profile in courage be- was halfway through his term of office. even one element of obstruction. cause he knew the case against Presi- He was not particularly popular among I remind you that a typical jury in- dent Johnson was not legally suffi- the party faithful. There was a great struction on conspiracy for obstruction cient, even though the politically expe- deal of sentiment that a Member of would be that it takes only one overt dient vote was to vote for conviction. this body today should challenge him act to satisfy the requirements for con- Senator Ross followed the facts and he for the nomination. That decision had viction. The Government doesn’t have followed the law, and he voted his con- not yet been made, but among the dele- to prove all the overt acts, just one science. It was to his political det- gates to that convention there was an that was carried out. riment, but it reflected his political overwhelming desire to see Senator Another question some of you might courage. TED KENNEDY appear. be thinking about is, Is this serious Today we have a different cir- The Carter White House froze Sen- enough to warrant conviction and re- cumstance. The question is, Will the ator KENNEDY out of the proceedings. moval? One of the foundations of our Senators of this body have the political He was not invited to address the con- judicial system is that any citizen, re- courage to follow the facts and the law vention. His name appeared nowhere in gardless of position or power, has ac- as did Senator Ross, despite enormous the program. So the delegates did cess to the court. Can you imagine the political pressure to ignore the facts something on their own. There were shock and outrage of this body if a cor- and the law and the Constitution? You workshops being held during the day, poration, in an effort to protect itself will make that decision. and a workshop on health care was from liability, concealed evidence and I appear before this body as an advo- called. And Senator KENNEDY was in- provided benefits to those witnesses cate. I am not paid for this special re- vited to fly out that day and address who are cooperative? Outrage; injus- sponsibility. But I am here because I that workshop. He did that in the tice. And those are the allegations believe the Constitution requires me to afternoon, and he left after he ad- against the tobacco companies. Those make this case. The facts prove over- dressed it. I had gone to a workshop are the allegations last night on CBS, whelmingly that the President com- that morning where President Carter ‘‘60 Minutes,’’ about a major corpora- mitted obstruction of justice and per- personally appeared, and my recollection. And there should be outrage by jury. Despite this belief, whatever con- tion is about 200 or 300 people came to this body. We would rightfully be out- clusion you reach will not be criticized that. Senator KENNEDY’s workshop had raged about that. And we should also by me. And I will respect this institu- to be transferred to a large auditorium be outraged if it happened by the Presi- tion regardless of the outcome. because about 2,000 people appeared to dent. It should be no less when it is As the late Federal Judge Orin Harris hear him. conducted by the President. of Arkansas always said from the The Senator came, he spoke, and he The next argument is: ‘‘Well, yes, the bench to the jury when I was trying left. I stayed even though most people President should be held accountable, cases—and I hated his instruction be- left with him, because I was fascinated but he can always be prosecuted later. cause I was the prosecutor—but he by the young fellow who was moder- In fact, I understand a censure resolu- would tell the jury, ‘‘Remember, the ating the program that day. He was

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 2022 CONGRESSIONAL RECORD—SENATE February 8, 1999 bright, he was in control, he was ar- tect women in the workplace, just as it have ‘‘overturned the election.’’ He will have ticulate. He didn’t look that much also required him to protect the legal acted in ways that betray the purpose of his older than me. And I was stunned that system from perjury, abuse of power, election. He will have acted not as a con- this young man was not only the attor- and obstruction of justice. Fidelity to stitutional representative, but as a monarch, subversive of, or above, the law. ney general of his State, but he was the the Presidential oath is not dependent If the great powers given the president are Governor-elect of the State. upon any President’s personal thresh- abused, then to impeach him defends not Sometime after that workshop I old of comfort or embarrassment. Nei- only the results of elections, but that higher walked up to him and introduced my- ther must it be a slave to the latest thing which elections are in service, namely, self. I told him who I was, and he spent poll. the preeminence of the Constitution[.] about 15 minutes encouraging me to go How important was this oath to our The evidence clearly shows that the to law school, to stay active in politics. founders? Did they intend the oath to President engaged in a repeated and His name was Bill Clinton. I have never have primacy over the shifting winds of lengthy pattern of felonious conduct— forgotten that day 20 years ago when political opinion? Or did they bequeath conduct for which ordinary citizens can then-Attorney General Clinton took to us an ambiguous Constitution that be and have been jailed and lost their the time for a young fellow who had an was meant to roll with the punches of liberty. This simply cannot be wished interest in the law and politics. And I the latest polling data and focus or censured away. have never forgotten in recent days the groups? The Constitution gives us that With his conduct aggravated by a graciousness he has shown to me, to answer in article II, section 1. It says: motivation of personal and monetary my wife, and to my children when we Before he enters on the execution of his of- leverage in the Paula Jones lawsuit, have encountered him. fice, he shall take . . . [an] oath. the solemnity of our sacred oath This has been a very difficult pro- And the oath is then prescribed. obliges us to do what the President re- ceeding for me and for my colleagues, The mere fact that a person is elect- gretfully has failed to do: defend the the House managers. But our presence ed President does not give him the rule of law, defend the concept that no here isn’t out of personal animosity to- right to become President, no matter person is above the law. ward our President. It is because we be- how overwhelming his vote margin. On the day the House impeached lieve that, after reviewing all the evi- Votes alone do not make a person President Clinton, I said that when dence, the President of the United President of the United States. There they are old enough to appreciate the States had committed obstruction of is a requirement that precedes obtain- solemnity of that action, I wanted my justice and perjury, he had violated his ing the power and authority of obtain- little girls to know that when the roll oath of office; and in so doing he had ing the Presidency. It is the oath of of- was called, their father served with col- sacrificed the principle that no person fice. It is swearing to preserve, protect, leagues who counted it a privilege to is above the law. And friendship and and defend the Constitution. It is ac- risk political fortunes in defense of the personal affection could not control cepting the obligation that the laws Constitution. under those circumstances. Today, I am more resolute in that Up until now, the idea that no person are to be faithfully executed. No oath, no Presidency. It is the oath opinion. From the time I was a little is above the law has been unques- boy, it was my dream to one day serve tioned. And yet this standard is not our of office, and not public opinion polls, that gives life and legitimacy to a in the Congress of the United States. inheritance automatically. Each gen- My dream was fulfilled 2 years ago. eration of Americans ultimately has to Presidency. This is true no matter how popular an elected President may be, Today, I am a Republican in a district make that choice for themselves. Once that is heavily Democratic. The pun- again, it is a time for choosing. How or how broad his margin of victory. dits keep telling me that my stand on will we respond? By impeaching the The founders did not intend the oath this issue puts my political fortunes in President, the U.S. House of Represent- to be an afterthought or a technicality. jeopardy. So be it. That revelation pro- atives made that choice. It went on They viewed it as an absolute require- duces from me no flinching. There is a record as saying that our body would ment before the highest office in the simple reason why: I know that in life not tolerate the most powerful man in land was entrusted to any person. The dreams come and dreams go. But con- the world trampling the constitutional evidence shows the President repeat- science is forever. I can live with the rights of a lone woman, no matter how edly violated his oath of office. Now concept of not serving in Congress. I obscure or humble she might be. the focus shifts to your oath of office. We refused to ignore Presidential The President hopes that in this Cham- cannot live with the idea of remaining misconduct despite its minimization ber the polls will govern. On behalf of in Congress at the expense of doing by spin doctors, pundits, and, yes, even the House of Representatives, we en- what I believe to be right. the polls. The personal popularity of treat you to require the Constitution I was about 12 years old when a dis- any President pales when weighed reign supreme. For if polls matter tinguished Member of this body, the against the fundamental concept that more than the oath to uphold the law, late Senator Ralph Yarborough of forever distinguishes us from every na- then yet another chip out of the mar- Texas, gave me this sage advice about tion on the planet: No person is above ble has been struck. elective office: the law. The cry has also been raised that to Always put principle above politics; put The House of Representatives jetti- remove the President is to create a honor above incumbency. soned the spin and the propaganda. We constitutional crisis by undoing an I now return that sentiment to the sought, and we have now presented, the election. There is no constitutional cri- body from which it came. Hold fast to unvarnished truth. Now it is your un- sis when the simple process of the Con- it, Senators, and in doing so, you will happy task to make the final deter- stitution comes into play. Listen to be faithful both to our founders and to mination, face the truth, and polish the words of Dr. Larry Arnn of the our heirs. the Constitution, or allow this Presi- Claremont Institute: The CHIEF JUSTICE. The Chair rec- dency, in the words of Chairman Henry [E]lections have no higher standing under ognizes Mr. Manager GRAHAM. The Hyde, to take one more chip out of the our Constitution than the impeachment managers have 45 minutes remaining. marble. process. Both stem from provisions of the Mr. Manager GRAHAM. I promise The Constitution solemnly required Constitution. The people elect a president to not to take the whole 45 minutes. I President Clinton, as a condition of his do a constitutional job. They act under the have been told that my voice fades, and becoming President, to swear an oath Constitution when they do it. At the same I will try not to let that happen here. time they elect a Congress to do a different As we bring the trial to a conclusion, to preserve, protect and defend the constitutional job. The president swears an Constitution, and to take care that the oath to uphold the Constitution, both in I think it needs to be said from our side laws be faithfully executed. elections and in the impeachment process. of the aisle that our staff has been ter- That oath of obligation required the If the president is guilty of acts justifying rific. You don’t know how many hours President to defend our laws that pro- impeachment, then he, not the Congress, will of sleep have been lost by the young

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 February 8, 1999 CONGRESSIONAL RECORD—SENATE 2023 men and women working to put this If you have kept an open mind, you (Text of videotape presentation:) case together under the procedures have fulfilled your job. If you have lis- Q. Now, you’ve stated, I think, very hon- that the Senate developed. They have tened to the facts and you vote your estly, and I appreciate, that you were lied to done an absolutely magnificent job. If conscience, you will have fulfilled your by the President. Is it a fair statement, there is anybody to blame on our side, job. I will not trample on your con- given your previous testimony concerning blame us, because our staff has done a science; I have said that before. I start- your 30-minute conversation, that the Presi- terrific job. That just needs to be said. ed this process with great concern and dent was trying to portray himself as a victim of a relationship with Monica Lewinsky? Now, let’s talk about Mr. ROGAN’s I leave with a lot of contentment be- A. I think that’s the import of his whole district. True, if there is anybody on cause I believe the facts have with- story. our side of the aisle that has been at stood the test of every type of scrutiny Before you put the other tape in, risk it has been JIM. I have made some and demagoguery that have been lifelong friends in this situation, really every Member of this body should need thrown at them. They stand firm. Do to answer this question: Is that a on both sides of the aisle. This has been you know what they are going to tough, tough, tough for our country, truthful statement? If you believe that stand? They’re going to stand the test the President of the United States is a but sometimes some good comes from of history. Some people suggest that tough situations, and I think some victim of Ms. Lewinsky, we all owe him history may judge you badly if you an apology. He is not. He is not. good will come from this before it is all vote to convict this President. I sug- said and done, ladies and gentlemen of You ask me why I want this Presi- gest that that will be the least of your dent removed? Not only are they high the Senate. I know it doesn’t look to be problems. so, but it will be so later on. crimes, not only do they rise to the Our past and this present moment be- level of constitutional out-of-bounds I come from a district where I am the comes our Nation’s future. What are we first Republican in 120 years. They told behavior, not only are they worse than going to leave to the future genera- what you remove judges for, they show me they hung the other guy, so I know tions? What do we do when the next I am doing better. I am 4 years into a tremendous willingness of a national Federal judge is brought before this leader to put himself above anything this thing. This is my third term. body having been impeached by the You can take the national polls and decent and good. I hope that still mat- House for cheating on their taxes? Are turn them upside down in my district, ters in America. we going to self-righteously throw that but I have on occasion said that if the The next clip: Federal judge out after having listened President would reconcile himself to (Text of videotape presentation:) to this massive case of obstruction of the law, I would be willing to consider Q. Would it be fair to say that you were justice and perjury before a grand jury? something less than impeachment. I sitting there during this conversation and We may throw that Federal judge out, can assure you that did not go over that you had previously been told by the but we will have to walk out the door well with some people in my district. President that he was in essence a victim of backward; we will not walk out boldly. But I thought that would be good for Ms. Lewinsky’s sexual demands, and you said nothing to anyone? the country. What happens when the next Federal The elections come and go and we judge is acquitted by a jury of his MR. McDANIEL: Is the question, ‘‘You can get through just about anything peers, and you know the result would said’’—— THE WITNESS: I don’t—— and everything in this country, but it be just to remove that judge? You did the right thing by not being bound by MR. McDANIEL: Is the question, ‘‘You said does take leadership, and character nothing to anyone about what the President does still count. Having said that, I am the acquittal in the case of Judge told you?’’—— a sinner like the rest of us, and part of Hastings. You did the right thing to MR. GRAHAM: Right. the problem with this case is we have get to the truth and act accordingly, THE WITNESS: I never told any of my col- to confront our own sins, because who because for people who sit in judgment leagues about what the President told me. are we to judge others when the things of others there needs to be no reason- BY MR. GRAHAM: get to be private and personal? I am able doubt about who they are and Q. And this is after the President recants not asking you to use that standard. I what they are able to do in that role. his story—recounts his story—to you, where am standing before you as a sinner, and The President of the United States is he’s visibly upset, feels like he’s a victim, that he associates himself with a character I would never want my President or at the top of the legal pyramid. If there is reasonable doubt about his ability to who’s being lied about, and you at no time your President removed because of pri- suggested to your colleagues that there is vate sins. Only when it gets to be con- faithfully execute the laws of the land, something going on here with the President stitutionally out of bounds. Only when our future will be better off if that in- and Ms. Lewinsky you need to know about. it gets to be so egregious that you dividual is removed. Is that your testimony? can’t look your children in the eye and Let me tell you what it all comes A. I never mentioned my conversation. I explain what happened here in terms of down to for me. If you can go back and regarded that conversation as a private con- the law. We can all explain human explain to your children and your conversation in confidence, and I didn’t mention it to my colleagues, I didn’t mention it to failings, but we have a real mixed mes- stituents how you can be truthful and misleading at the same time, good my friends, I didn’t mention it to my family, sage going on, and it needs to be bedsides my wife. straightened out for them. luck. That is the legacy that Bill Clin- Q. Did you mention it to any White House If you could bring the Founding Fa- ton has left all of us if we keep him in lawyers? thers back, as everybody has sug- office—the idea that ‘‘I was truthful A. I mentioned it many months later to gested, the first debate would be, could but misleading.’’ That scenario focuses Lanny Breuer in preparation for one of my we call them as a witness? There would around whether or not one type of sex grand jury appearances, when I knew I would be some people objecting to that. Live occurred versus the other type of sex. be questioned about it. And I certainly never or dead, it’s been hard to get a witness. He is wanting you to buy into this defi- mentioned it to any reporter. [Laughter.] nition that was allowed to exist be- Ladies and gentlemen of the Senate, I guarantee you, I think they would cause the wording wasn’t quite right. I have asked you several times to vote say to us: ‘‘What’s a poll?’’ They would That is the essence of it—‘‘I was truth- your conscience, and I will not step on be instructive, but we can’t summon ful, but I was misleading.’’ it if you disagree with me; but I have them back. Do you know what I really Mr. Podesta asked a little more ques- always said let us tell the story about think they would tell us? They would tions than the other people did and the what happened here. I am saying it tell us that we started this thing, and President denied any type of sexual re- again. Ladies and gentlemen, we need it’s up to you all to carry it on. And it lationship to him. Was he truthful to get to the truth, nothing but the is. They would be right. It is not their there? Was he truthful in his grand truth, the whole truth, and let the job to tell us what to do. It’s our job to jury testimony? How can you be both? chips fall where they may. take the spirit of what they did and It is just absolutely impossible. Let me say this about being truthful build on it. I want to play two clips for you now. but misleading. Can you sit back as the

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 2024 CONGRESSIONAL RECORD—SENATE February 8, 1999 President, after you told a lie to a key pened then? He turned on her. Not my ferociously against him. He said char- aide, where you portrayed yourself as a favorite part of the case—it is the most acteristically, as he felt that hostile victim, and watch the press stories role disgusting part of the case. It is part of poll, ‘‘I wonder where Moses would out along the lines that ‘‘she wears her the case that history will judge. The have gone if they had taken a poll in dresses too tight’’; ‘‘she comes from a crimes change. They become more omi- Egypt. And what would Jesus Christ broken home’’; ‘‘she’s a stalker’’; nous, because the character traits behave preached if they had taken a poll ‘‘she’s sex obsessed’’; can you sit back came more ominous. The young lady in the land of Israel? It isn’t polls that and watch all that happen and still be who was the stalker, who was sex-ob- count. It is right and wrong and leader- truthful but misleading? sessed, who wore her skirts too tight, ship of men with fortitude, honesty, We have laws against that in this that young lady was being talked and the belief in the right that make country. We have laws in this country about openly in the public. That young epics in the history of the world.’’ that even high Government officials lady was being lied about to the Fed- Ladies and gentlemen of the Senate, cannot tell a lie to somebody knowing eral grand jury. And the truth is that thank you for listening. If you have that lie will be repeated to a grand young lady fell in love with him. And any doubts about whether this Presi- jury. That is exactly what happened probably to this day a 24- or 25-year-old dent has committed high crimes, we here. He portrayed himself as a victim, young girl doesn’t want to believe what need to make sure the Senate itself has which is not a misleading statement; it was going to come her way. But you all told the truth. Don’t leave any doubts is a lie because if you knew the truth, are adults. You all are leaders of this lingering, because the evidence is over- you wouldn’t consider him a victim. Nation. For you to look at these facts whelming that these offenses occurred. And that lie went to the Federal grand and conclude anything else would be an The crime of perjury and obstruction of jury. And those citizens were trying injustice, because without that threat, justice have traditionally been high very hard to get it right, and he was ladies and gentlemen, the stories were crimes under our Constitution. For trying very hard to mislead them. At going to grow in number, and we would God’s sake, let it remain so. And let it every turn when they tried to get to have no admissions of ‘‘misleading’’ be said that no President can take the the truth, he ran the other way, and he and ‘‘truthful.’’ Presidency and the bully pulpit of the took the aura of the White House with The White House is the bully pulpit. Presidency and hurt average citizens him. But it should never be occupied by a from it. If you believe he is a victim, then bully. The White House will always be Thank you very much. I yield now to you ought to acquit him. If you believe occupied by sinners, including our our chairman. he has lied, then he ought not to be our Founding Fathers, and future occu- The CHIEF JUSTICE. The Chair rec- President. pants. ognizes Mr. Manager HYDE. There are two things in this case that What we do today will put a burden Mr. Manager HYDE. Mr. Chief Jus- are crimes, two aspects of it—before on the White House and the burden on tice, learned counsel, and the Senate, the Paula Jones deposition and after our future, one way or the other. Is it we are blessedly coming to the end of the Paula Jones deposition. I am going too much of a burden to say to future this melancholy procedure. But before to leave this with you for the very last Presidents, Don’t fabricate stories in we gather up our papers and return to time. The affidavit was an attempt to front of a grand jury, don’t parse the obscurity from whence we came— have a cover story where both of them words, don’t mislead, don’t lie when (Laughter.) could lie and go on about their lives. you are begged not to? Is it too much Permit, please, a few final remarks. The job search was to take somebody to say to a President, If you are ever First of all, I thank the Chief Justice who had been friendly and get them a sued, play it straight; don’t hide the not only for his patience and his perse- job so they could go on about their gifts under the bed, don’t give people verance but for the aura of dignity that lives someplace else, and get this mat- false testimony, don’t try to trash peo- he has lent to these proceedings. And it ter behind them and conceal from a ple who are witnesses against you? If has been a great thrill for me to be court the truth. Those things are that is too much of a burden to put on here in his company, as well as in the crimes. the White House, this Nation is in company of you, distinguished Sen- These gifts being under the bed of hopeless decline. It is not too much of ators. Betty Currie, the President’s secretary, a burden, ladies and gentlemen. It is Secondly, I want to compliment the is no accident. They didn’t walk over only common decency being applied to President’s counsel. They have con- there by themselves. They got con- the occupant of the White House. ducted themselves in the most profes- veyed by a secretary after she picked To acquit under these facts will place sional way. They have made the most them up from his consensual lover. the burden on the constitutional proc- of a poor case, in my opinion. There is People have figured that part out. It is ess of impeachment and how we deal an old Italian saying—and it has noth- no accident that happened. That is a with others, Federal judges and other ing to do with the lawyers, but to your crime—when you are subpoenaed to high public officials. That, I suggest to case—that ‘‘you may dress the shep- give those gifts. you, will be almost irreconcilable. herd in the silk, he will still smell of But it is still about getting her a job I want my country to go boldly into the goat.’’ (Laughter.) and having a cover story so she could the next century. I don’t want us to But all of you are great lawyers. And go on with her life. But when the arti- limp into the next century. I don’t it has been an adventure being with cle came out on January 21, the whole want us to crawl into the next century you. flavor of this case changed. And I don’t regardless of rule of law. No matter You know, the legal profession, like know how you are going to explain it what you do, we will make it. But the politics, is ridiculed pretty much. And to yourself or others. But I want to lay difference between how you vote here, I every lawyer feels that and under- out to you what I think happened based think, determines whether we go bold- stands the importance of the rule of on the evidence. ly with the rule of law intact, or law, to establish justice, to maintain That January 21 when the story whether we have to explain it for gen- the rights of mankind, to defend the broke that she may have been telling erations to come. helpless and the oppressed, to protect what went on, and the President was I leave with you an example that I innocents, to punish guilt. These are faced with the idea that the knowledge think says much. General MacArthur duties which challenge the best powers of their relationship was out in the was removed by President Truman, a of man’s intellect and the noblest public forum, what did he do then? very popular fellow at the time. The re- qualities of the human heart. We are There were no more nice jobs using a action to the MacArthur dismissal was here to defend the bulwark of our lib- good friend. There was no more ‘‘Let’s even more violent than Truman had ex- erty, the rule of law. see if we can hide the gifts and play pected. And for an entire year the ma- As to the House managers, I want to hide the ball.’’ Do you know what hap- jority of public opinion ranked itself tell you and our extraordinary staff

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 February 8, 1999 CONGRESSIONAL RECORD—SENATE 2025 how proud I am of your service. For crimes, especially when committed by young people who look to us to set an myself, I cannot find the words to ade- the one person duty bound to faithfully example. quately express how I feel. I must use execute the laws. Infidelity is private Ms. Seligman last Saturday said we the inaudible language of the heart. I and noncriminal. Perjury and obstruc- want to win too badly. This surprised have gone through it all by your side— tion are public and criminal. The delib- me because none of the managers has the media condemnation, the patron- erate focus on what is not at issue here committed perjury nor obstructed jus- izing editorials, the hate mail, the in- is a defense lawyer’s tactic and nothing tice and claimed false privileges, none sults hurled in public, the attempts at more. This entire saga has been a the- has hidden evidence under anyone’s bed intimidation, the death threats, and ater of distraction and misdirection, nor encouraged false testimony before even the disapproval of our colleagues, time-honored defense tactics when the the grand jury. That is what you do if which cuts the worst. law and the facts get in the way. you want to win too badly. You know, all a Congressman ever One phrase you have not heard the I believe it was Saul Bellow who once gets to take with him when he leaves defense pronounce is the ‘‘sanctity of said, ‘‘A great deal of intelligence can this building is the esteem of his col- the oath.’’ But this case deeply in- be invested in ignorance when the need leagues and his constituents—and we volves the efficacy, the meaning, and for illusion is great.’’ And those words have risked even that for a principle, the enforceability of the oath. The characterize the defense in this case. ‘‘The need for illusion’’ is very great. for our duty, as we have seen it. President’s defenders stay away from I doubt there are many people on the In speaking to my managers, of the word ‘‘lie,’’ preferring ‘‘mislead’’ or planet who doubt the President has re- whom I am interminably proud, I can ‘‘deceive.’’ But they shrink from the peatedly lied under oath and has ob- borrow the words of Shakespeare, phrase ‘‘sanctity of the oath,’’ fearing structed justice. The defense spent a ‘‘Henry V,’’ as he addressed his little it as one might a rattlesnake. lot of time picking lint. There is a say- army of longbowmen before the Battle There is a visibility factor in the ing in the courts, I believe, that equity of Agincourt. And he said: President’s public acts and those which will not stoop to pick up pins. But that We few, we happy few, we band of brothers betray a trust or reveal contempt for was their case. So the real issue For he that sheds his blood with me the law are hard to sweep under the doesn’t concern the facts, the stubborn Shall be my brother rug, or under the bed, for that matter. facts, as the defense is fond of saying, And gentlemen in England, now abed They reverberate, they ricochet all shall think themselves accursed they but what to do about them. were not here over the land, and provide the worst I am still dumbfounded about the And hold their manhood cheap possible example for our young people. drafts of the censures that are circu- while any speaks As that third-grader from Chicago lating. We aren’t half as tough on the That fought with us upon St. Chrispen’s wrote to me, ‘‘If you can’t believe the President in our impeachment articles day President, who can you believe?″ as this draft is that was printed in the As for the juror judges, you distin- Speaking of young people, in 1946 a New York Times: guished Senators, it is always a victory British playwright, Terrance Rattigan, An inappropriate relationship with a sub- for democracy when its elected rep- wrote a play based on a true experience ordinate employee in the White House which resentatives do their duty, no matter that happened in England in 1910. The was shameless, reckless and indefensible. how difficult and unpleasant, and we play was called ‘‘The Winslow Boy.’’ I have a problem with that. It seems thank you for it. Please don’t mis- And the story—as I say, a true story— they are talking about private acts of construe our fervor for our cause to involved a young 13-year-old lad who consensual sexual misconduct which any lack of respect or appreciation for was kicked out of the Royal Naval Col- are really none of our business. But your high office. But our most formi- lege for having forged somebody else’s that is the leadoff. dable opponent has not been opposing signature on a postal money order. Of Then they say: counsel nor any political party; it has course, he claimed he was innocent, The President deliberately misled and de- been the cynicism, the widespread con- but he was summarily dismissed and ceived the American people and officials in viction that all politics and all politi- his family, of very modest means, all branches of the U.S. Government. cians are, by definition, corrupt and could not afford legal counsel, and it This is not a Republican document. venal. was a very desperate situation. Sir Ed- This is coming from here. That cynicism is an acid eating away ward Carson, the best lawyer of his The President gave false or misleading tes- at the vital organs of American public time—barrister, I suppose—got inter- timony and impeded discovery of evidence in life. It is a clear and present danger, ested in the case and took it on pro judicial proceedings. because it blinds us to the nobility and bono and lost all the way through the Isn’t that another way of saying ob- the fragility of being a self-governing courts. struction of justice and perjury? people. Finally, he had no other place to go, The President’s conduct demeans the Of- One of the several questions that but he dug up an ancient remedy in fice of the President as well as the President needs answered is whether your vote on England called ‘‘petition of right.’’ You himself and creates disrespect for the laws of conviction lessens or enlarges that ask the King for relief. And so Carson the land. Future generations of Americans cynicism. Nothing begets cynicism like must know that such behavior is not only wrote out five pages of reasons why a unacceptable but bears grave consequences the double standard—one rule for the petition of right should be granted and, including loss of integrity, trust and respect. popular and the powerful and another lo and behold, it got past the Attorney But not loss of job. for the rest of us. General, it got to the King. The King Whereas, William Jefferson Clinton’s con- One of the most interesting things in read it, agreed with it, and wrote duct has brought shame and dishonor to this trial was the testimony of the across the front of the petition, ‘‘Let himself and to the Office of the President; President’s good friend, the former right be done. Edward VII.’’ whereas, he has violated the trust of the Senator from Arkansas. He did his per- I have always been moved by that American people— suasive best to maintain the confusion phrase. I saw the movie; I saw the play; See Hamilton Federalist No. 65— that this is all about sex. Of course, it and I have the book. And I am still he should be condemned in the strongest is useful for the defense to misdirect moved by that phrase, ‘‘Let right be terms. our focus to what everyone concedes done.’’ I hope when you finally vote Well, the next to the strongest terms. are private acts and none of our busi- that will move you, too. The strongest terms would remove him ness. But if you care to read the arti- There are some interesting parallels from office. cles of impeachment, you won’t find to our cause here today. This Senate Well, do you really cleanse the office any complaints about private sexual Chamber is our version of the House of as provided in the Constitution or do misconduct. You will find charges of Lords, and while we managers cannot you use the Airwick of a censure reso- perjury and obstruction of justice claim to represent that 13-year-old lution? Because any censure resolu- which are public acts and Federal Winslow boy, we speak for a lot of tion, to be meaningful, has to punish

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.000 S08FE9 2026 CONGRESSIONAL RECORD—SENATE February 8, 1999 the President, if only his reputation. and especially the principle that no one debate by the yeas and nays, which shall be And how do you deal with the laws of is above the law. entered on the record’’; and bill of attainder? How do you deal with Edward Gibbon wrote his magisterial (3) In Rule XXIV, the phrases ‘‘without de- the separation of powers? What kind of ‘‘Decline and Fall of the Roman Em- bate’’, ‘‘except when the doors shall be closed for deliberation, and in that case’’ and ‘‘, to a precedent are you setting? pire’’ in the late 18th century—in fact be had without debate’’. We all claim to revere the Constitu- the first volume was issued in 1776. In ADJOURNMENT UNTIL 1 P.M. TOMORROW tion, but a censure is something that is his work, he discusses an emperor a device, a way of avoiding the harsh named Septimius Severus, who died in Mr. LOTT. I ask the Court of Im- constitutional option, and it is the 211 A.D. after ruling 18 years. And here peachment stand in adjournment until only one we have up or down on im- is what Gibbon wrote about the em- 1 p.m. tomorrow, and I ask further con- peachment. That, of course, is your peror: sent the Senate now resume legislative session. I remind all Senators to stand judgment, and I am offering my views, Severus promised, only to betray; he flat- for what they are worth. tered only to ruin; and however he might oc- as the Chief Justice departs the Cham- Once in a while I do worry about the casionally bind himself by oaths and trea- ber. future. I wonder if, after this culture ties, his conscience, obsequious to his inter- There being no objection, at 6:34 p.m. war is over, this one we are engaged in, est, always released him from the inconven- the Senate, sitting as a Court of Im- an America will survive that is worth ient obligation. peachment, adjourned until Tuesday, fighting for to defend. I guess those who believe history re- February 9, 1999, at 1 p.m. People won’t risk their lives for the peats itself are really onto something. f U.N., or over the Dow Jones averages. Horace Mann said: LEGISLATIVE SESSION But I wonder, in future generations, You should be ashamed to die unless you whether there will be enough vitality have achieved some victory for humanity. The PRESIDING OFFICER (Mr. left in duty, honor and country to ex- To the House managers, I say your ENZI). The Senate will come to order. cite our children and grandchildren to devotion to duty and the Constitution f defend America. has set an example that is a victory for There is no denying the fact that humanity. Charles de Gaulle once said MESSAGES FROM THE PRESIDENT what you decide will have a profound that France would not be true to her- Messages from the President of the effect on our culture, as well as on our self unless she was engaged in some United States were communicated to politics. A failure to convict will make great enterprise. That is true of us all. the Senate by Mr. Williams, one of his a statement that lying under oath, Do we spend our short lives as con- secretaries. while unpleasant and to be avoided, is sumers, space occupiers, clock watch- EXECUTIVE MESSAGES REFERRED not all that serious. Perhaps we can ex- ers, as spectators, or in the service of As in executive session the Presiding plain this to those currently in prison some great enterprise? Officer laid before the Senate messages for perjury. We have reduced lying I believe, being a Senator, being a from the President of the United under oath to a breach of etiquette, but Congressman, and struggling with all States submitting sundry nominations only if you are the President. our might for equal justice for all, is a which were referred to the appropriate Wherever and whenever you avert great enterprise. It is our great enter- committees. your eyes from a wrong, from an injus- prise. And to my House managers, your (The nominations received today are tice, you become a part of the problem. great enterprise was not to speak truth printed at the end of the Senate pro- On the subject of civil rights, it is my to power, but to shout it. And now let ceedings.) belief this issue doesn’t belong to any- us all take our place in history on the one; it belongs to everyone. It cer- side of honor and, oh, yes: Let right be f tainly belongs to those who have suf- done. REPORT ON THE 1999 NATIONAL fered invidious discrimination, and one I yield back my time. DRUG CONTROL STRATEGY— would have to be catatonic not to know The CHIEF JUSTICE. The Chair rec- MESSAGE FROM THE PRESI- that the struggle to keep alive equal ognizes the majority leader. DENT—PM 6 protection of the law never ends. The ORDER OF PROCEDURE The PRESIDING OFFICER laid be- mortal enemy of equal justice is the Mr. LOTT. Mr. Chief Justice, I before the Senate the following message double standard, and if we permit a lieve that concludes the closing argu- from the President of the United double standard, even for the Presi- ments. Therefore, the Senate will re- States, together with an accompanying dent, we do no favor to the cause of convene as the Court of Impeachment report; which was referred to the Com- human rights. It has been said that at 1 p.m. on Tuesday to resume consid- mittee on the Judiciary. America has nothing to fear from this eration of the articles of impeachment. President on the subject of civil rights. To the Congress of the United States: NOTICE OF INTENT TO SUSPEND THE RULES OF I doubt Paula Jones would subscribe to THE SENATE BY SENATORS DASCHLE, LOTT, On behalf of the American people, I that endorsement. HUTCHISON, HARKIN, WELLSTONE, COLLINS, am pleased to transmit the 1999 Na- If you agree that perjury and ob- SPECTER, AND LEAHY tional Drug Control Strategy to the Con- struction of justice have been com- In accordance to Rule V of the Standing gress. This Strategy renews and admitted, and yet you vote down the con- Rules of the Senate, I (for myself, Mr. LOTT, vances our efforts to counter the viction, you are extending and expand- Mrs. HUTCHISON, Mr. HARKIN, Mr. threat of drugs—a threat that con- ing the boundaries of permissible Pres- WELLSTONE, Ms. COLLINS, Mr. SPECTER, and tinues to cost our Nation over 14,000 idential conduct. You are saying a per- Mr. LEAHY) hereby give notice in writing lives and billions of dollars each year. jurer and obstructer of justice can be that it is my intention to move to suspend There is some encouraging progress the following portions of the Rules of Proce- President, in the face of no less than dure and Practice in the Senate When Sit- in the struggle against drugs. The 1998 three precedents for conviction of Fed- ting on Impeachment Trials in regard to any Monitoring the Future study found that eral judges for perjury. You shred those deliberations by Senators on the articles of youth drug use has leveled off and in precedents and you raise the most seri- impeachment during the trial of President many instances is on the decline—the ous questions of whether the President William Jefferson Clinton: second straight year of progress after is in fact subject to the law or whether (1) The phrase ‘‘without debate’’ in Rule years of steady increases. The study we are beginning a restoration of the VII; also found a significant strengthening divine right of kings. The issues we are (2) the following portion of Rule XX: ‘‘, un- of youth attitudes toward drugs: young less the Senate shall direct the doors to be concerned with have consequences far closed while deliberating upon its decisions. people increasingly perceive drug use into the future because the real dam- A motion to close the doors may be acted as a risky and unacceptable behavior. age is not to the individuals involved, upon without objection, or, if objection is The rate of drug-related murders con- but to the American system of justice heard, the motion shall be voted on without tinues to decline, down from 1,302 in

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.001 S08FE9 February 8, 1999 CONGRESSIONAL RECORD—SENATE 2027 1992 to 786 in 1997. Overseas, we have get both domestic and overseas pro- EC–1594. A communication from the Ad- witnessed a decline in cocaine produc- duction of these deadly substances. ministrator of the Farm Service Agency, De- tion by 325 metric tons in Bolivia and Our ability to attain these objectives partment of Agriculture, transmitting, pur- Peru over the last 4 years. Coca cul- is dependent upon the collective will of suant to law, the report of a rule entitled ‘‘Tobacco-Importer Assessments’’ (RIN0560– tivation in Peru plunged 56 percent the American people and the strength AF52) received on February 5, 1999; to the since 1995. of our leadership. The progress we have Committee on Agriculture, Nutrition, and Nevertheless, drugs still exact a tre- made to date is a credit to Americans Forestry. mendous toll on this Nation. In a 10- of all walks of life—State and local EC–1595. A communication from the Direc- year period, over 100,000 Americans will leaders, parents, teachers, coaches, tor of the Office of Regulatory Management die from drug use. The social costs of doctors, police officers, and clergy. and Information, transmitting, pursuant to drug use continue to climb, reaching Many have taken a stand against law, the report of a rule entitled $110 billion in 1995, a 64 percent in- drugs. These gains also result from the ‘‘Tebufenozide; Extension of Tolerance for Emergency Exemptions’’ (FRL6059–8) re- crease since 1990. Much of the economic leadership and hard work of many, in- burden of drug abuse falls on those who ceived on February 5, 1999; to the Committee cluding Attorney General Reno, Sec- on Agriculture, Nutrition, and Forestry. do not abuse drugs—American families retary of Health and Human Services EC–1596. A communication from the Direc- and their communities. Although we Shalala, Secretary of Education Riley, tor of the Office of Regulatory Management have made progress, much remains to Treasury Secretary Rubin, and Drug and Information, transmitting, pursuant to be done. Policy Director McCaffrey. I also law, the report of a rule entitled The 1999 National Drug Control Strat- thank the Congress for their past and ‘‘Propyzamide; Extension of Tolerance for egy provides a comprehensive balanced future support. If we are to make fur- Emergency Exemptions’’ (FRL6060–3) re- approach to move us closer to a drug- ceived on February 5, 1999; to the Committee ther progress, we must maintain a bi- on Agriculture, Nutrition, and Forestry. free America. This Strategy presents a partisan commitment to the goals of long-term plan to change American at- EC–1597. A communication from the Direc- the Strategy. tor of the Office of Regulatory Management titudes and behavior with regard to il- As we enter the new millennium, we and Information, transmitting, pursuant to legal drugs. Among the efforts this are reminded of our common obligation law, the report of a rule entitled Strategy focuses on are: to build and leave for coming genera- ‘‘Cymoxanil; Pesticide Tolerance’’ (FRL6056– —Educating children: studies dem- tions a stronger Nation. Our National 4) received on February 5, 1999; to the Com- onstrate that when our children un- Drug Control Strategy will help create a mittee on Agriculture, Nutrition, and For- derstand the dangers of drugs, their estry. safer, healthier future for all Ameri- EC–1598. A communication from the Direc- rates of drug use drop. Through the cans. National Youth Anti-Drug Media tor of the Office of Regulatory Management WILLIAM J. CLINTON. and Information, transmitting, pursuant to Campaign, the Safe and Drug Free THE WHITE HOUSE, February 8, 1999. law, the report of a rule entitled ‘‘3,7- Schools Program and other efforts, f Dichloro-8-quinoline carboxylic acid; Pes- we will continue to focus on help- ticide Tolerances for Emergency Exemp- ing our youth reject drugs. MEASURE PLACED ON THE tions’’ (FRL6055–6) received on February 5, —Decreasing the addicted popu- CALENDAR 1999; to the Committee on Agriculture, Nu- lation: the addicted make up The following bill was read the sec- trition, and Forestry. EC–1599. A communication from the Direc- roughly a quarter of all drug users, ond time and placed on the calendar: but consume two-thirds of all drugs tor of the Office of Surface Mining Reclama- H.R. 99. An act to amend title 49, United tion and Enforcement, Department of the In- in America. Our strategy for reduc- States Code, to extend Federal Aviation Ad- terior, transmitting, pursuant to law, the re- ing the number of addicts focuses ministration programs through September port of a rule entitled ‘‘West Virginia Regu- on closing the ‘‘treatment gap.’’ 30, 1999, and for other purposes. latory Program’’ (Docket WV–077–FOR) re- —Breaking the cycle of drugs and f ceived on February 5, 1999; to the Committee crime: numerous studies confirm on Energy and Natural Resources. EXECUTIVE AND OTHER that the vast majority of prisoners EC–1600. A communication from the Direc- COMMUNICATIONS commit their crimes to buy drugs tor of the Office of Surface Mining Reclama- or while under the influence of The following communications were tion and Enforcement, Department of the In- terior, transmitting, pursuant to law, the re- drugs. To help break this link be- laid before the Senate, together with accompanying papers, reports, and doc- port of a rule entitled ‘‘Illinois Regulatory tween crime and drugs, we must Program’’ (SPATS No. IL–094–FOR) received promote the Zero Tolerance Drug uments, which were referred as indi- on February 5, 1999; to the Committee on En- Supervision initiative to better cated: ergy and Natural Resources. keep offenders drug- and crime- EC–1591. A communication from the Asso- EC–1601. A communication from the Direc- free. We can do this by helping ciate Managing Director for Performance tor of the Office of Regulatory Management States and localities to implement Evaluation and Records Management, Fed- and Information, Environmental Protection tough new systems to drug test, eral Communications Commission, transmit- Agency, transmitting, pursuant to law, the ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Approval and Pro- treat, and punish prisoners, parol- titled ‘‘Implementation of Section 245(g) of mulgation of Implementation Plans; Cali- ees, and probationers. the Communications Act of 1934, as Amend- fornia State Implementation Plan Revision; —Securing our borders: the vast ma- ed’’ (Docket 96–61) received on February 5, San Joaquin Valley Unified Air Pollution jority of drugs consumed in the 1999; to the Committee on Commerce, Control District, Sacramento Metropolitan United States enter this Nation Science, and Transportation. Air Quality Management District’’ through the Southwest border, EC–1592. A communication from the Presi- (FRL6227–2) received on February 5, 1999; to Florida, the Gulf States, and other dent and Chairman of the Export-Import the Committee on Environment and Public border areas and air and sea ports Bank of the United States, transmitting, Works. pursuant to law, the Bank’s report on a fi- EC–1602. A communication from the Direc- of entry. The flow of drugs into this nancial guarantee to support the sale of one tor of the Office of Regulatory Management Nation violates our sovereignty Boeing 777–200IGW aircraft to Singapore Air- and Information, Environmental Protection and brings crime and suffering to craft Leasing Enterprise Pte. Ltd.; to the Agency, transmitting, pursuant to law, the our streets and communities. We Committee on Banking, Housing, and Urban report of a rule entitled ‘‘Emergency Plan- remain committed to, and will ex- Affairs. ning and Community Right-to-Know Pro- pand, efforts to safeguard our bor- EC–1593. A communication from the Chief grams; Amendments to Hazardous Chemical ders from drugs. of the Regulations Branch, Internal Revenue Reporting Thresholds for Gasoline and Diesel —Reducing the supply of drugs: we Service, Department of the Treasury, trans- Fuel at Retail Gas Stations’’ (RIN2050–AE58) mitting, pursuant to law, the report of a rule received on February 5, 1999; to the Com- must reduce the availability of entitled ‘‘Notice of Certain Transfers to For- mittee on Environment and Public Works. drugs and the ease with which they eign Partnerships and Foreign Corporations’’ EC–1603. A communication from the Direc- can be obtained. Our efforts to re- (RIN1545–AV70) received on February 5, 1999; tor of the Office of Regulatory Management duce the supply of drugs must tar- to the Committee on Finance. and Information, Environmental Protection

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.001 S08FE9 2028 CONGRESSIONAL RECORD—SENATE February 8, 1999 Agency, transmitting, pursuant to law, the EC–1613. A communication from the Gen- S. 389. A bill to amend title 10, United report of a rule entitled ‘‘Record Keeping eral Counsel of the Department of Transpor- States Code, to improve and transfer the ju- and Reporting Burden Reduction’’ (FRL6300– tation, transmitting, pursuant to law, the re- risdiction over the Troops to Teachers pro- 4) received on February 5, 1999; to the Com- port of a rule entitled ‘‘Special Local Regu- gram, and for other purposes; to the Com- mittee on Environment and Public Works. lations; St. Johns River, Jacksonville, Flor- mittee on Health, Education, Labor, and EC–1604. A communication from the Gen- ida’’ (Docket 07–98–050) received on February Pensions. eral Counsel of the Department of Transpor- 5, 1999; to the Committee on Commerce, By Mr. REID: tation, transmitting, pursuant to law, the re- Science, and Transportation. S. 390. A bill to amend title II of the Social port of a rule entitled ‘‘Safety Zone Regula- EC–1614. A communication from the Gen- Security Act to allow workers who attain tions, Commencement Bay, Tacoma, Wash- eral Counsel of the Department of Transpor- age 65 after 1981 and before 1992 to choose ei- ington’’ (Docket 13–98–034) received on Feb- tation, transmitting, pursuant to law, the re- ther lump sum payments over four years to- ruary 5, 1999; to the Committee on Com- port of a rule entitled ‘‘Special Local Regu- talling $5,000 or an improved benefit commerce, Science, and Transportation. lations; City of Charleston, SC’’ (Docket 07– putation formula under a new 10-year rule EC–1605. A communication from the Gen- 98–045) received on February 5, 1999; to the governing the transition to the changes in eral Counsel of the Department of Transpor- Committee on Commerce, Science, and benefit computation rules enacted in the So- tation, transmitting, pursuant to law, the re- Transportation. cial Security Amendments of 1977, and for port of a rule entitled ‘‘Special Local Regu- EC–1615. A communication from the Gen- other purposes; to the Committee on Fi- lations; Seattle SeaFair Unlimited Hydro- eral Counsel of the Department of Transpor- nance. plane Race, Lake Washington, Seattle, WA’’ tation, transmitting, pursuant to law, the re- By Mr. KERREY (for himself, Mr. port of a rule entitled ‘‘Special Local Regu- (Docket 13–98–022) received on February 5, BOND, Mr. KENNEDY, Mr. GORTON, Mr. lations; City of Charleston, SC’’ (Docket 07– 1999; to the Committee on Commerce, GRAHAM, Mr. DEWINE, Mr. MOYNIHAN, 98–039) received on February 5, 1999; to the Science, and Transportation. Mr. DURBIN, Mr. INOUYE, Mr. MACK, Committee on Commerce, Science, and EC–1606. A communication from the Gen- and Mrs. MURRAY): Transportation. eral Counsel of the Department of Transpor- S. 391. A bill to provide for payments to EC–1616. A communication from the Gen- tation, transmitting, pursuant to law, the re- eral Counsel of the Department of Transpor- children’s hospitals that operate graduate port of a rule entitled ‘‘Special Local Regu- tation, transmitting, pursuant to law, the re- medical education programs; to the Com- lations; Indiana Governor’s Cup Hydroplane port of a rule entitled ‘‘Special Local Regu- mittee on Finance. Races; Ohio River Mile 557.0–558.0, Madison, lations for Marine Events; Patapsco River, By Mrs. MURRAY (for herself and Mr. IN’’ (Docket 08–98–050) received on February Baltimore, Maryland’’ (Docket 05–98–064) re- GORTON): 5, 1999; to the Committee on Commerce, ceived on February 5, 1999; to the Committee S. 392. A bill to designate the Federal Science, and Transportation. on Commerce, Science, and Transportation. building and United States courthouse lo- EC–1607. A communication from the Gen- EC–1617. A communication from the Gen- cated at West 920 Riverside Avenue in Spo- eral Counsel of the Department of Transpor- eral Counsel of the Department of Transpor- kane, Washington, as the ‘‘Thomas S. Foley tation, transmitting, pursuant to law, the re- tation, transmitting, pursuant to law, the re- Federal Building and United States Court- port of a rule entitled ‘‘Special Local Regu- port of a rule entitled ‘‘Safety Zones, Secu- house,’’ and the plaza at the south entrance lations; Clifton River Days, Tennessee River rity Zones, and Special Local Regulations’’ of that building and courthouse as the ‘‘Wal- Miles 157.0–159.0, Clifton, Tennessee’’ (Docket (RIN2115–AA97) received on February 5, 1999; ter F. Horan Plaza’’; to the Committee on 08–98–042) received on February 5, 1999; to the to the Committee on Commerce, Science, Environment and Public Works. Committee on Commerce, Science, and and Transportation. f Transportation. EC–1618. A communication from the Gen- EC–1608. A communication from the Gen- eral Counsel of the Department of Transpor- SUBMISSION OF CONCURRENT AND eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- SENATE RESOLUTIONS tation, transmitting, pursuant to law, the report of a rule entitled ‘‘Maritime Course Ap- The following concurrent resolutions port of a rule entitled ‘‘Special Local Regu- proval Procedures’’ (RIN2115–AF58) received and Senate resolutions were read, and lations; All American Birthday Party Fire- on February 5, 1999; to the Committee on works Display Ohio River, Mile 469.2–470.5, Commerce, Science, and Transportation. referred (or acted upon), as indicated: Cincinnati, OH’’ (Docket 08–98–039) received By Mr. LOTT (for himself, Mr. ABRA- f on February 5, 1999; to the Committee on HAM, Mr. AKAKA, Mr. ALLARD, Mr. Commerce, Science, and Transportation. INTRODUCTION OF BILLS AND ASHCROFT, Mr. BAUCUS, Mr. BAYH, EC–1609. A communication from the Gen- JOINT RESOLUTIONS Mr. BENNETT, Mr. BINGAMAN, Mr. eral Counsel of the Department of Transpor- BOND, Mrs. BOXER, Mr. BREAUX, Mr. The following bills and joint resolu- tation, transmitting, pursuant to law, the re- BROWNBACK, Mr. BRYAN, Mr. BUNNING, port of a rule entitled ‘‘Special Local Regu- tions were introduced, read the first Mr. BURNS, Mr. BYRD, Mr. CAMPBELL, lations; Rocketman Triathlon; Tennessee and second time by unanimous con- Mr. CHAFEE, Mr. CLELAND, Mr. COCH- River mile 324.0 to 324.5, Huntsville, AL’’ sent, and referred as indicated: RAN, Ms. COLLINS, Mr. CONRAD, Mr. (Docket 08–96–057) received on February 5, By Mr. MCCONNELL (for himself, Mr. COVERDELL, Mr. CRAIG, Mr. CRAPO, 1999; to the Committee on Commerce, GRAHAM, Mr. BUNNING, Mr. MACK, Mr. Mr. DEWINE, Mr. DODD, Mr. DOMENICI, Science, and Transportation. BREAUX, Mr. DEWINE, Mr. SMITH of Mr. DORGAN, Mr. DURBIN, Mr. ED- EC–1610. A communication from the Gen- Oregon, Mr. ROBB, Mr. LUGAR, Mr. WARDS, Mr. ENZI, Mr. FEINGOLD, Mrs. eral Counsel of the Department of Transpor- COCHRAN, Ms. LANDRIEU, Mr. MUR- FEINSTEIN, Mr. FITZGERALD, Mr. tation, transmitting, pursuant to law, the re- KOWSKI, Mr. STEVENS, Mr. COVER- FRIST, Mr. GORTON, Mr. GRAHAM, Mr. port of a rule entitled ‘‘Special Local Regu- DELL, Mr. WARNER, Mr. SMITH of New GRAMM, Mr. GRAMS, Mr. GRASSLEY, lations; MY102 Boomsday; Tennessee River Hampshire, Mr. BAYH, Mr. BYRD, Mr. Mr. GREGG, Mr. HAGEL, Mr. HARKIN, Mile 645.0 to 649.0, Knoxville, TN’’ (Docket SPECTER, and Mr. KERREY): Mr. HATCH, Mr. HOLLINGS, Mr. HUTCH- 08–96–056) received on February 5, 1999; to the S. 387. A bill to amend the Internal Rev- INSON, Mrs. HUTCHISON, Mr. INHOFE, Committee on Commerce, Science, and enue Code of 1986 to provide an exclusion Mr. INOUYE, Mr. JEFFORDS, Mr. JOHN- Transportation. from gross income for distributions from SON, Mr. KENNEDY, Mr. KERREY, Mr. EC–1611. A communication from the Gen- qualified State tuition programs which are KERRY, Mr. KOHL, Mr. KYL, Ms. eral Counsel of the Department of Transpor- used to pay education expenses; to the Com- LANDRIEU, Mr. LAUTENBERG, Mr. tation, transmitting, pursuant to law, the re- mittee on Finance. LEAHY, Mr. LEVIN, Mr. LIEBERMAN, port of a rule entitled ‘‘Special Local Regu- By Mr. CLELAND (for himself, Mr. Mrs. LINCOLN, Mr. LUGAR, Mr. MACK, lations; Don Q Offshore Cup XIII Race; Bahia KERRY, Mr. HOLLINGS, Mr. CONRAD, Mr. MCCAIN, Mr. MCCONNELL, Ms. MI- de Ponce, Puerto Rico’’ (Docket 07–98–055) re- Mrs. BOXER, Mr. DASCHLE, and Mr. KULSKI, Mr. MOYNIHAN, Mr. MUR- ceived on February 5, 1999; to the Committee HARKIN): KOWSKI, Mrs. MURRAY, Mr. NICKLES, on Commerce, Science, and Transportation. S. 388. A bill to authorize the establish- Mr. REED, Mr. REID, Mr. ROBB, Mr. EC–1612. A communication from the Gen- ment of a disaster mitigation pilot program ROBERTS, Mr. ROCKEFELLER, Mr. eral Counsel of the Department of Transpor- in the Small Business Administration; to the ROTH, Mr. SANTORUM, Mr. SARBANES, tation, transmitting, pursuant to law, the re- Committee on Small Business. Mr. SCHUMER, Mr. SESSIONS, Mr. port of a rule entitled ‘‘Special Local Regu- By Mr. MCCAIN (for himself, Mr. ROBB, SHELBY, Mr. SMITH of New Hamp- lations; Swimming Across San Juan Harbor, Mr. LIEBERMAN, Mr. DEWINE, Mr. shire, Mr. SMITH of Oregon, Ms. San Juan, Puerto Rico’’ (Docket 07–98–053) LEVIN, Mr. KENNEDY, Mr. BINGAMAN, SNOWE, Mr. SPECTER, Mr. STEVENS, received on February 5, 1999; to the Com- Mr. CLELAND, Mrs. FEINSTEIN, Mrs. Mr. THOMAS, Mr. THOMPSON, Mr. mittee on Commerce, Science, and Transpor- HUTCHISON, Mr. CONRAD, Mr. ALLARD, THURMOND, Mr. TORRICELLI, Mr. tation. and Mr. SMITH of New Hampshire): VOINOVICH, Mr. WARNER, Mr.

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.001 S08FE9 February 8, 1999 CONGRESSIONAL RECORD—SENATE 2029 WELLSTONE, Mr. WYDEN, Mr. rely on financial aid to meet tuition viding a significant tax break for mid- DASCHLE, Mr. HELMS, and Mr. BIDEN): costs. In fact, a majority of all college dle-class savers nationwide. Clearly, S. Con. Res. 7. A concurrent resolution students utilize some amount of finan- this benefits middle-class families. honoring the life and legacy of King Hussein cial assistance. In 1997–98, $60 billion in In 1994, I introduced the first bill to ibn Talal al-Hashem; considered and agreed to. financial aid was available to students make education savings exempt from and their families from federal, state, taxation. Since then I have won a cou- f and institutional sources. This was $3 ple of battles, but still haven’t won the STATEMENTS ON INTRODUCED billion higher than the previous year. war. To win the war, Congress needs to BILLS AND JOINT RESOLUTIONS A majority of this increase in aid was make education savings tax free—from in the form of loans, which now make start to finish. The bill I am intro- By Mr. MCCONNELL (for himself, up the largest portion of the total fed- ducing today will achieve that goal. Mr. GRAHAM, Mr. BUNNING, Mr. eral-aid package at 57 percent. Grants, In 1996, Congress took the first step MACK, Mr. BREAUX, Mr. which a decade ago made up 49 percent in providing tax relief to families in- DEWINE, Mr. SMITH of Oregon, of assistance, have been reduced to 42 vesting in these programs. In the Small Mr. ROBB, Mr. LUGAR, Mr. COCH- percent. This shift toward loans fur- Business Job Protection Act of 1996, I RAN, Ms. LANDRIEU, Mr. MUR- ther burdens students and families was able to include a provision that KOWSKI, Mr. STEVENS, Mr. with additional interest costs. clarified the tax treatment of state- COVERDELL, Mr. WARNER, Mr. We must reverse the dependence on sponsored savings plans and the par- SMITH of New Hampshire, Mr. federal assistance and encourage fami- ticipants’ investment. This measure BAYH, Mr. BYRD, Mr. SPECTER, lies to save. My legislation would re- put an end to the tax uncertainty that and Mr. KERREY): ward savings and allow students and has hampered the effectiveness of these S. 387. A bill to amend the Internal families that are participating in these state-sponsored programs and helped Revenue Code of 1986 to provide an ex- state-sponsored plans to be exempt families who are trying to save for clusion from gross income for distribu- from federal income tax when the funds their children’s education. Also in 1996, tions from qualified State tuition pro- are used for qualified educational pur- Virginia started its plan and was over- grams which are used to pay education poses. This legislation also recognizes whelmed by the positive response. In expenses; to the Committee on Fi- the leadership that states have pro- its first year, the plan sold 16,111 con- nance. vided in helping families save for col- tracts raising $260 million. This success EDUCATIONAL SAVINGS LEGISLATION lege. In the mid-1980s, states identified exceeded all goals for this program. ∑ Mr. MCCONNELL. Mr. President, I the difficulty families had in keeping In 1997, the Taxpayer Relief Act made come to the floor today to introduce pace with the rising cost of education. revisions to provide maximized flexi- legislation that addresses an important States like Kentucky, Florida, Ohio, bility to families saving for their chil- issue facing American families today— and Michigan were the first to start dren’s college education. The most sig- the education of their children. It is programs in order to help families save nificant reform was to expand the defi- my long-held belief that we need to for college. Nationwide more than 30 nition of ‘‘qualified education costs’’ to make a college education more afford- states have established savings pro- include room and board, thus doubling able, and the legislation I am intro- grams, and over a dozen states are pre- the amount families could save tax- ducing today, the College Savings Act, paring to implement plans in the near free. In Kentucky, room and board at a will do just that by providing tax in- future. Today, there are nearly one public institution make up half of all centives to families who save for col- million savers who have contributed college costs. This important legisla- lege. over $3 billion in education savings. tion also expanded the definition of eli- This legislation is a serious effort to The provision which I authored, which gible institutions to include all reward long-term saving by making allows tax-free education savings in schools, including certain proprietary savings for education tax-free. It is im- state-sponsored savings plans for edu- schools, and defined the term ‘‘member portant that we not forget that com- cation purposes, provides nearly a $1.5 of family’’ to allow rollover eligibility pounded interest cuts both ways. By billion tax break for middle-class sav- for cousins and step-siblings in the saving, participants can keep pace, or ers nationwide. In Kentucky, over 3,720 event that the original beneficiary does even ahead of, tuition increases while families have established accounts, not attend college. putting a little away at a time. By bor- which amount to about $7.5 million in Last year, the Senate passed legisla- rowing, students bear added interest savings. tion, sponsored by Senator COVERDELL costs that add thousands to the total Mr. President, I have worked closely and Senator TORRICELLI, which would cost of tuition. Savings will have a with the state plan administrators over have allowed parents to place as much positive impact, by reducing the need the years seeking both their advice and as $2,000 per year, per child, in an edu- for students to borrow tens of thou- support. Again this year, I am pleased cation savings account for kinder- sands of dollars in student loans. This to have the National Association of garten through high school education. will help make need-based grants, State Treasurers and the College Sav- Included in this legislation was my which target low-income families, go ings Plans Network endorse this legis- proposal to make savings in state-spon- much further. lation. They have worked tirelessly in sored tuition plans tax-free. Unfortu- Mr. President, anyone with a child in support of this legislation because they nately, the bill was vetoed by Presi- college knows first-hand the expense of know it is in the best interest of plan dent Clinton. higher education. Throughout the participants—the families who care As a result of our actions over the 1990’s, education costs have continually about their children’s education. last several years, more and more state outstripped the gains in income. Tui- Mr. President, many Kentuckians are plans have implemented tuition sav- tion rates have now become the great- drawn to this program because it offers ings and prepaid plans for their resi- est obstacle students face in attending a low-cost, disciplined approach to sav- dents. It is projected that there will be college. In fact, the astronomical in- ings. In fact, the average monthly con- 43 states with tuition savings plans by crease in college costs has been well tribution in Kentucky is just $52. It is the year 2000. I believe that we have a documented. According to a study con- also important to note that 60 percent real opportunity to go even further to- ducted by the College Board, tuition of the participants earn under $60,000 ward making college affordable to and fees for a four-year public univer- per year. By exempting all interest American families. It is in our best in- sity rose 107 percent from 1980–1997, earnings from state taxes, my legisla- terest as a nation to maintain a qual- while median household income rose tion rewards parents who are serious ity and affordable education system for only 12 percent. about their children’s future and who everyone. By passing this legislation, Due to the high cost of education, are committed over the long-term to we can help families help themselves more and more families have come to the education of their children by pro- by rewarding savings. This will reduce

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.001 S08FE9 2030 CONGRESSIONAL RECORD—SENATE February 8, 1999 the cost of education and will not un- KENTUCKY HIGHER EDUCATION come tax exemption as well. This plan is rel- necessarily burden future generations ASSISTANCE AUTHORITY, atively new and often gets confused with with thousands of dollars in loans. Frankfort, KY, January 14, 1999. more common prepaid-tuition plans, in Hon. MITCH MCCONNELL, which you pay today and attend later—re- Mr. President, I ask unanimous con- U.S. Senate, Russell Office Building, moving worries about higher tuition in the sent that a copy of the bill and letters Washington, DC. future. Savings plans are vastly different and endorsing my legislation from the Ken- DEAR SENATOR MCCONNELL: Your tremen- in most cases superior because they are more tucky Higher Education Assistance Au- dous support of the Kentucky Educational flexible. thority and the National Association of Savings Plan Trust (Trust) has led to more Prepaid plans offer tax advantages, and some are portable, but many still apply only State Treasurers be printed in the favorable federal tax treatment of this program and other qualified state tuition pro- to public colleges within the taxpayer’s RECORD, along with an article from grams (QSTPs) around the country. The suc- state. What if Junior gets accepted to Har- Time magazine that discusses the pop- cess achieved through your work provides vard? You can get your contributions back. ularity of state tuition saving pro- Kentucky families a greater opportunity to But some states refund only principal, beat- grams. save for the higher education costs of their ing you out of years’ worth of investment children. gains. And state prepaid plans make it There being no objection, the mate- tougher to get student aid because the rial was ordered to be printed in the I am writing to ask for your continued leadership on this issue by pushing forward money is held in the student’s name. With RECORD, as follows: to obtain tax-free treatment for amounts savings plans the money is in a parent’s name, where it counts less heavily in stu- S. 387 distributed from QSTPs to cover qualified higher education expenses. Significant dent-aid formulas—and you can set aside as Be it enacted by the Senate and House of Rep- progress has been made in this area during much as $100,000 for expenses at any U.S. col- resentatives of the United States of America in the past three years, and we believe your lege. Congress assembled, continued efforts will achieve the final goal Both the prepaid and the college-savings plans vary from state to state. Check out the of tax-free treatment. SECTION 1. EXCLUSION FROM GROSS INCOME OF website ‘‘collegesaving.org’’ for details. It’s a EDUCATION DISTRIBUTIONS FROM Currently, over 2,800 Kentucky families fast-moving area. In the next few months, QUALIFIED STATE TUITION PRO- have saved over $7.5 million through the eight states will join the 15 that already GRAMS. Trust for their children’s higher education. have state college-savings programs. Those We greatly appreciate your efforts to help (a) IN GENERAL.—Section 529(c)(3)(B) of the are mostly in addition to the 19 that have Kentucky families save for higher education Internal Revenue Code of 1986 (relating to prepaid-tuition plans. Only Massachusetts and look forward to continuing to work with distributions) is amended to read as follows: will probably offer both. ‘‘(B) DISTRIBUTIONS FOR QUALIFIED HIGHER you and your staff on this important initia- Most of the newer savings plans make con- EDUCATION EXPENSES.— tive. tributions deductible against state taxes. ‘‘(i) IN GENERAL.—No amount shall be in- Sincerely, New York, for example, launched its plan cludible in gross income under subparagraph PAUL P. BORDEN, two months ago. It permits couples to set (A) if the qualified higher education expenses Executive Director. aside up to $10,000 a year per student and lets of the designated beneficiary during the tax- New York residents deduct the full amount able year are not less than the aggregate dis- COLLEGE SAVINGS PLANS NETWORK, from their income on their state return. Mis- tributions during the taxable year. February 4, 1999. souri will approve a tax-deductible savings ‘‘(ii) DISTRIBUTIONS IN EXCESS OF EX- Re college savings legislation. plan in December. Minnesota is expected to PENSES.—If such aggregate distributions ex- Hon. MITCH MCCONNELL, adopt a plan in which the state matches 5% ceed such expenses during the taxable year, U.S. Senate, Russell Senate Office Building, of your contributions. These college-savings the amount otherwise includible in gross in- Washington, DC. plans are open to everyone, regardless of income under subparagraph (A) shall be re- DEAR SENATOR MCCONNELL: On behalf of come—in contract to the Roth IRA and other duced by the amount which bears the same the College Savings Plans Network federal savings plans, in which eligibility be- ratio to the amount so includible (without (‘‘CSPN’’), which represents the 44 states gins to phase out for couples earning more regard to this subparagraph) as such ex- currently offering and managing colleges than $100,000. penses bear to such aggregate distributions. savings programs, I am writing to express If your state doesn’t offer a college-savings ‘‘(iii) ELECTION TO WAIVE EXCLUSION.—A our strong support for your legislation to plan, you can still participate through an taxpayer may elect to waive the application provide tax-free treatment for contributions out-of-state plan. You won’t get the state of this subparagraph for any taxable year. to the qualified state tuition programs. tax deduction, but you will get tax-deferred ‘‘(iv) IN-KIND DISTRIBUTIONS.—Any benefit CSPN applauds your leadership on legisla- investment growth; and when the money is furnished to a designated beneficiary under a tion to encourage savings for college. Cur- tapped, it will be taxed at the student’s rate qualified State tuition program shall be rently, there are over 849,288 signed college (usually 15%). Fidelity Investments (800–544– treated as a distribution to the beneficiary tuition contracts. The estimated fair market 1722), which runs the New Hampshire savings for purposes of this paragraph. value of these contracts is $4.2 billion. The plan, and TIAA–CREF (877–697–2337; ‘‘(v) DISALLOWANCE OF EXCLUDED AMOUNTS families participating in the programs appre- www.nysaves.org), which runs the New York AS CREDIT OR DEDUCTION.—No deduction or ciate your efforts on their behalf. plan, make it easy. If your state later offers credit shall be allowed to the taxpayer under The College Savings Plans Network em- a savings plan with a tax deduction, you can any other section of this chapter for any braces and fully supports the intent of the transfer your account penalty free. qualified higher education expenses to the College Savings Act of 1999. The public pol- Both plans invest mostly in stocks in the extent taken into account in determining icy intent of this proposal is to enable and early years and slowly shift into bonds and the amount of the exclusion under this para- motivate families to save for college by pro- money markets as your student nears col- graph.’’. viding clear and easily understood tax treat- lege age. You get no say in this allocation. ment of the qualified state tuition plans. The impact of tax deferral is big. TIAA– (b) COORDINATION WITH EDUCATION CRED- CREF estimates that someone in the 28% tax ITS.—Section 25A(e)(2) of the Internal Rev- CSPN greatly appreciates and fully supports the legislation and your leadership on bracket saving $5,000 a year and mimicking enue Code of 1986 (relating to coordination its investments in a taxable account could with exclusions) is amended— this proposal. Sincerely, expect to accumulate $167,000 in 18 years. (1) by inserting ‘‘a qualified State tuition Deferring taxes and then paying them at MARSHALL BENNETT, program or’’ before ‘‘an education individual 15% brings the total to $190,000. The state de- Chairman, College Savings Plans Network, retirement account’’; and duction, for those who qualify, pushes the and Mississippi State Treasurer. (2) by striking ‘‘section 530(d)(2)’’ and in- nest egg to $202,000. serting ‘‘section 529(c)(3)(B) or 530(d)(2)’’. Plan benefits: [From Time, Dec. 7, 1998] (c) COORDINATION WITH EDUCATION SAVINGS Taxes are deferred and then paid at the BONDS.—Subparagraph (B) of section 135(d)(2) NEW WAY TO SAVE FOR COLLEGE child’s lower rate; of the Internal Revenue Code of 1986 (relat- (Online advice from Time finance columnist Families are eligible regardless of income ing to coordination with other higher edu- Dan Kadlec) or state of residence; and cation benefits) is amended by striking ‘‘sec- Tax deductions are increasingly available The best college-savings program you ∑ tion 530(d)(2)’’ and inserting ‘‘section on state returns. never heard about keeps getting better. As ∑ 529(c)(3)(B) or 530(d)(2)’’. you think about year-end tax moves, con- Mr. GRAHAM. Mr. President, I am (d) EFFECTIVE DATE.—The amendments sider dropping some cash into a state-spon- proud to join Senator MCCONNELL and made by this section shall apply to taxable sored plan where money for college grows other colleagues in launching an initia- years beginning after December 31, 1998. tax-deferred and may garner a fat state in- tive to increase Americans’ access to

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.001 S08FE9 February 8, 1999 CONGRESSIONAL RECORD—SENATE 2031 college education. Today we are intro- sons. First, for most families, they this legislation makes it possible to ducing the College Savings Act of 1999. have in essence purchased a service to limit the number of disaster victims. This bill would allow states to offer be provided in the future. The accounts In response to the financial and prepaid college tuition and savings pro- are not liquid. The funds are trans- human toll caused by disasters, the ad- grams on a tax exempt basis. ferred from the state directly to the ministration launched an approach to These programs have flourished in college or university. Under current emergency management that moves the face of spiraling college costs. Ac- policy, the student is required to find away from the current reliance on re- cording to the College Board, between other means of generating the funds to sponse and recovery to one that em- 1980 and 1997, tuition at public colleges pay the tax. Second, Congress should phasizes preparedness and prevention. increased 107 percent, while the median make these programs tax free in order The Federal Emergency Management income increased just 12 percent. The to encourage savings and college at- Agency established its Project Impact cause of this dramatic increase in tui- tendance. No longer is a student’s ques- Program to assist disaster-prone com- tion is the subject of significant de- tion ‘‘Will I be able to go to college?’’ munities in developing strategies to bate. But whether these increases are but instead ‘‘Where will I go to col- avoid the crippling effects of natural attributable to increased costs to the lege?’’ Third, making these accounts disasters. universities, reductions in state fund- tax free is good education fiscal policy. Our legislation supports this ap- ing for public universities, or the in- For states that do set up programs proach by allowing the SBA to begin a creased value of a college degree, the where they guarantee a tuition price pilot program that would be limited to fact remains that financing a college by selling contracts, the existence of small businesses within those commu- education has become increasingly dif- these programs puts downward pres- nities that are eligible to receive dis- ficult. sure on education inflation. aster loans after a disaster has been de- Although the federal government has Perhaps most importantly, prepaid clared. Currently, SBA disaster loans may increased its aid to college students tuition and savings programs help mid- only be used to repair or replace exist- over the years, it is the states who dle income families afford a college ing protective devices that are de- have engineered innovative ways to education. Florida’s experience shows stroyed or damaged by a disaster. The help its families afford college. Michi- that it is not higher income families pilot program authorized by our pro- gan implemented the first prepaid tui- who take most advantage of these posal would allow funds to also be used tion plan in 1986. Florida followed in plans. It is middle income families who to install new mitigation devices that 1988. Today 43 states have either imple- want the discipline of monthly pay- will prevent future damage. We believe mented or are in the process of implements. They know that they would that such a program would address two menting prepaid tuition plans or state have a difficult time coming up with areas of need for small business—reduc- savings plans. the funds necessary to pay for college Mr. President, prepaid college tuition ing the costs of recovery from a dis- if they waited until their child en- aster and reducing the costs of future plans allow parents to pay prospec- rolled. In Florida, more than 70 percent disasters. Furthermore, by cutting tively for their children’s higher edu- of participants in the state tuition pro- those future costs, the program pre- cation at participating universities. gram have family incomes of less than sents an excellent investment for tax- States pool these funds and invest $50,000. payers by decreasing the Federal and them in a manner that will match or I am pleased to have this opportunity State funding required to meet future exceed the pace of educational infla- to join my colleagues in support of disaster relief needs. The ability of a tion. This ‘‘locks in’’ current tuition good tax policies which enhance our small business to borrow money prices and guarantees financial access higher education goals. Prepaid tuition through the Disaster Loan Program to to a future college education. plans deserve our support through en- help make their facility disaster resist- Prior to 1996, the IRS had indicated actment of legislation that would ant could mean the difference as to that it would treat the state entity make them tax-free for American fami- whether that small business owner is that held and invested the funds as a lies and students.∑ taxable corporation. In addition, the able to reopen or forced to go out of IRS stated its intent to tax families By Mr. CLELAND (for himself, business altogether after a disaster annually on earnings on amounts Mr. KERRY, Mr. HOLLINGS, Mr. hits. On behalf of my fellow cosponsors, I transferred to a state program. In the CONRAD, Mrs. BOXER, Mr. urge my colleagues to support this ef- Small Business Jobs Protection Act, DASCHLE, and Mr. HARKIN): fort to facilitate disaster prevention the 104th Congress did two things: (1) it S. 388. A bill to authorize the estab- measures. Upon passage of this legisla- said that provided the program met lishment of a disaster mitigation pilot tion, the costs in terms of property, certain standards, the state program program in the Small Business Admin- taxpayer dollars, and lives will be re- would be tax exempt. (2) Congress also istration; to the Committee on Small duced when nature strikes in the fu- said that families could not be taxed on Business. ture. earnings on an account until a dis- DISASTER MITIGATION PILOT PROGRAM Mr. President, I ask unanimous con- LEGISLATION tribution is made from the state plan sent that the text of the bill be printed to the family or the applicable college. ∑ Mr. CLELAND. Mr. President, on be- in the RECORD. At that point, student beneficiary half of my fellow original cosponsors, I There being no objection, the bill was am proud to introduce legislation could be taxed on the earnings. ordered to be printed in the RECORD, as The following year, in the Taxpayer which will provide a valuable protec- follows: tion for America’s small businesses. Relief Act, the 105th Congress clarified S. 388 that this deferral of taxation applied This initiative would permit the Be it enacted by the Senate and House of Rep- not only to prepaid tuition but also to Small Business Administration to use resentatives of the United States of America in prospective payments for room and up to $15 million of existing disaster Congress assembled, board. funds to establish a pilot program to SECTION 1. DISASTER MITIGATION PILOT PRO- Senator MCCONNELL and I believe provide small businesses with low-in- GRAM. that the 106th Congress must go one terest, long-term disaster loans to fi- (a) IN GENERAL.—Section 7(b)(1) of the step further. Distributions from these nance preventive measures before a Small Business Act (15 U.S.C. 636(b)(1)) is accounts should be 100 percent tax free. disaster hits. amended— Across the nation, increasing costs (1) in subparagraph (B), by adding ‘‘and’’ at Students should be able to enroll in the end; and college without fear of them having to and personal devastation associated (2) by adding at the end the following: pay taxes on the money accrued. with disasters continually plague com- ‘‘(C) during fiscal years 2000 through 2004, We believe that these programs munities. While it may be impossible to establish a predisaster mitigation pro- should be tax free for numerous rea- to prevent disasters, we believe that gram to make such loans (either directly or

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.001 S08FE9 2032 CONGRESSIONAL RECORD—SENATE February 8, 1999 in cooperation with banks or other lending businesses that can’t get credit else- Troops to Teachers program, and for institutions through agreements to partici- where and that are located in disaster- other purposes; to the Committee on pate on an immediate or deferred (guaran- prone areas. Health, Education, Labor, and Pen- teed) basis), as the Administrator may deter- The small business pre-disaster miti- sions. mine to be necessary or appropriate, to enable small businesses to use mitigation tech- gation loan pilot program would be run TROOPS TO TEACHERS IMPROVEMENT ACT OF 1999 niques in support of a formal mitigation pro- as part of the Small Business Adminis- ∑ Mr. MCCAIN. Mr. President, I rise gram established by the Federal Emergency tration’s regular disaster loan pro- today to introduce the Troops to Management Agency, except that no loan or gram, testing the pros and cons of pre- Teachers Improvement Act of 1999. guarantee may be extended to a small busi- paredness versus reaction. Up to $15 This legislation would help provide ness under this subparagraph unless the Ad- million will be set aside for this pilot if high-quality teachers to our nation’s ministration finds that the small business is enacted. classrooms by assisting and counseling otherwise unable to obtain credit for the Only a portion of SBA’s regular dis- purposes described in this subparagraph;’’. retired military personnel who are in- (b) AUTHORIZATION OF APPROPRIATIONS.— aster loans, up to 20 percent, are avail- terested in beginning a new career as a Section 20 of the Small Business Act (15 able for mitigation after a recent nat- teacher. I have worked hard with my U.S.C. 631 note) is amended by adding at the ural disaster. In contrast, this legisla- colleagues, Senators ROBB and end the following: tion would allow 100 percent of an SBA LIEBERMAN to develop a bill which ‘‘(f) DISASTER MITIGATION PILOT PRO- disaster loan to be used for mitigation strengthens, reforms and reauthorizes GRAM.—The following program levels are au- purposes within any area that the Fed- the current Troops to Teachers pro- thorized for loans under section 7(b)(1)(C): eral Emergency Management Agency ‘‘(1) $15,000,000 for fiscal year 2000. gram in a manner which effectively ad- ‘‘(2) $15,000,000 for fiscal year 2001. has designated as disaster-prone. In dresses the educational needs of our ‘‘(3) $15,000,000 for fiscal year 2002. Massachusetts, that includes nation’s students. ‘‘(4) $15,000,000 for fiscal year 2003. Marshfield and Quincy, two coastal One of the most important issues fac- ‘‘(5) $15,000,000 for fiscal year 2004.’’. communities that are prone to flood- ing our nation is the education of our (c) EVALUATION.—On January 31, 2003, the ing, rainstorms and Nor’easters. children. Providing a solid, quality Administrator of the Small Business Admin- Nationwide, whether you’re a busi- education for each and every child in istration shall submit to the Committees on ness in Missouri or Massachusetts, this our nation is a critical component in Small Business of the House of Representa- pilot would allow you to take out a tives and the Senate a report on the effec- their quest for personal success and tiveness of the pilot program authorized by loan to make the improvements to fulfillment. A solid education for our section 7(b)(1)(C) of the Small Business Act your building or office to protect children also plays a pivotal role in the (15 U.S.C. 636(b)(1)(C)), as added by sub- against disasters. For floods it can success of our nation, economically, in- section (a) of this section, which report shall mean elevating the foundation or relo- tellectually, civically and morally. include— cating. For tornados it can mean in- Unfortunately, our current education (1) information relating to— stalling storm windows and building a system is failing to provide many stu- (A) the areas served under the pilot pro- stronger roof. For hurricanes it can dents with the academic skills they gram; mean reinforcing walls. And for fires it need. The Third International Math (B) the number and dollar value of loans made under the pilot program; and can mean adding sprinklers and flame- and Science Study (TIMSS) ranked (C) the estimated savings to the Federal retardant building materials. U.S. high school seniors last among 16 Government resulting from the pilot pro- The Administration supports this countries in physics and next to last in gram; and pilot program and included it in Clin- math. These disappointing results un- (2) such other information as the Adminis- ton’s budget request this fiscal year, derscore the challenge we face in im- trator determines to be appropriate for eval- and again for fiscal year 2000. The proving our public schools and pro- uating the pilot program.∑ President requests that up to $15 mil- viding our children with a competitive, Mr. KERRY. Mr. President, today I lion of the total $358 million proposed world-class education. join my colleague, Senator MAX for disaster loans be used for disaster A big part of that challenge will be CLELAND, in introducing the Disaster mitigation loans. funding, recruiting and retaining qual- Mitigation Coordination Act of 1999, a Senator CLELAND and I introduced ity teachers to make America’s chil- bill that helps our nation’s small busi- this same legislation in the last Con- dren ready for tomorrow, particularly nesses save money and prepare for nat- gress. And although it passed com- in the area of math and science. The ural disasters. mittee and the full Senate without op- Department of Education estimates We can’t prevent disasters, but we position, the House did not have time that the nation’s local school districts can take measures to lessen and pre- to vote on its merits before the 105th will need to hire more than two million vent the destruction that often hurts, Congress ended. I thank my colleagues, teachers over the next decade to meet and sometimes destroys, small busi- Senators HOLLINGS, CONRAD, BOXER, growing enrollment demands. nesses. Aside from avoiding inconven- DASCHLE and HARKIN for sharing our It is essential that we work together iences and disruptions, we know that concern to meet the needs of our small to develop and support innovative pro- there are cost-benefits to making business owners while also working to grams which help address this growing meaningful improvements and changes find solutions that are smarter, more need for school teachers. Fortunately, to facilities before a disaster. Accord- pro-active and more cost-effective. Mr. an effective and innovative program ing to the Federal Emergency Manage- President, I am pleased to cosponsor for addressing this shortfall already ex- ment Agency, which has a disaster this legislation and am hopeful it will ists, the Troops to Teachers program. mitigation program for communities, again receive the full support it de- As many of my colleagues know, the rather than businesses, we know that serves when it comes before the Senate Troops to Teachers program was ini- we save two dollars of disaster relief this Congress. tially created in 1993 to assist military money for each dollar spent on disaster personnel affected by defense mitigation. By Mr. MCCAIN (for himself, Mr. downsizing but were interested in uti- I see a great need for this type of as- ROBB, Mr. LIEBERMAN, Mr. lizing their knowledge, professional sistance in the small business commu- DEWINE, Mr. LEVIN, Mr. KEN- skills and expertise by becoming a nity. This bill establishes a five-year NEDY, Mr. BINGAMAN, Mr. teacher. Unfortunately, the authoriza- pilot program that would make low-in- CLELAND, Mrs. FEINSTEIN, Mr. tion for this program is set to expire at terest, long-term loans available to HUTCHINSON, Mr. CONRAD, Mr. the end of this fiscal year. small business owners financing pre- ALLARD, and Mr. SMITH of New Senators ROBB, LIEBERMAN and I were ventive measures to protect their busi- Hampshire): disconcerted to learn that this success- nesses against, and lessen the extent S. 389. A bill to amend title 10, ful program would soon be terminated. of, future disaster damage. This pilot United States Code, to improve and We joined together to develop a bipar- program is designed to help those small transfer the jurisdiction over the tisan bill which not only reauthorizes

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.001 S08FE9 February 8, 1999 CONGRESSIONAL RECORD—SENATE 2033 this program but strengthens and re- I share this sentiment of Henry Adams, working environments. In fact, over forms it so that it more effectively and hope that each of my colleagues three quarters are men, compared with meets the academic needs of our stu- will work with us to continue pro- about 25 percent in the overall public dents and schools. viding high quality, experienced and ef- school system. About half elect to Our bill reforms this program so that fective teachers to our children teach in inner city or rural schools. A it operates more efficiently and effec- through the Troops to Teachers pro- disproportionate share have science, tively targets the educational needs of gram. It is important for our children, engineering or technical backgrounds. our students. First, our bill transfers for our nation and for our future.∑ Retention is much higher than the na- responsibility and funding for this pro- ∑ Mr. ROBB. Mr. President, I’m pleased tional average. gram from the Department of Defense to be joined today by several col- The authority for Troops to Teachers to the Department of Education. I and leagues in introducing legislation that expires at the end of this fiscal year. many other members of the Armed will help with one of the nation’s most The legislation we are introducing here Services Committee believe that this is pressing challenges for the twenty first today reauthorizes the program and appropriate since it targets an edu- century—recruiting teachers for our makes many refinements to encourage cational need, rather than a military public schools. even more of our soldiers, sailors, air- issue in our country and the Defense The deterioration of our schools is men and marines to enter the noble Department needs to use their limited evident. The Third International Math profession of teaching America’s resources to address a litany of prob- and Science Study (TIMSS) ranked youth. The legislation focuses more re- lems impairing the readiness of our U.S. high school seniors last among 16 sources toward direct financial assist- armed forces. countries in physics and next to last in ance to cover teacher certification Another important concern we ad- math. We are failing to provide the costs for applicants, and creates a dress in our bill is eligibility. Under quality of education that will not only bonus for those opting to teach in cer- the current program, military per- ensure each individual student the tain high need schools. Fewer resources sonnel are eligible for participation skills needed for personal success and are made available for administrative after serving only six years in the mili- fulfillment, but also that the nation and other overhead costs. The bonus, I tary. This eligibility policy is outdated can maintain its economic—and intel- believe, will be particularly effective in and no longer appropriate while our lectual—leadership into the next cen- attracting larger numbers of appli- military is facing a personnel retention tury. cants. A recent offering of a sign-up crisis. Therefore, we have limited eligi- Clearly there are many measures bonus of $20,000 in Massachusetts pub- bility to military personnel who retire that must be taken to address this na- lic schools led to an explosion in appli- after at least twenty years of service, tional dilemma. Our school infrastruc- cations from around the country. physically disabled personnel or indi- ture is literally crumbling. I was joined Mr. President, I urge other Senators viduals who have served a minimum of recently by Senator LAUTENBERG in in- to support this important legislation six years and can provide documenta- troducing the Public School Mod- and I look forward to it being brought tion they were affected by military ernization Act of 1999, which will sup- forward for final passage this year.∑ downsizing. port building new schools and repair ∑ Mr. LIEBERMAN. Mr. President, I Based on academic scores, particu- and modernization of old schools to ac- am pleased to join with Senators larly the TIMSS report it is evident commodate a growing school popu- MCCAIN and ROBB today in introducing that a stronger emphasis needs to be lation and reduce class size. legislation to extend and expand the placed on the academic preparation of Many schools have been left out of Defense Department’s successful our children in the areas of math and the information revolution. I have Troops to Teachers initiative, which science. This is why we have made worked hard to help Virginia schools helps to steer former military per- math, science, and special education get ‘‘wired’’ to the Internet—indeed sonnel into classroom teaching jobs. teachers a priority for the Troops to I’ve helped physically wire several To date Troops to Teachers has Teachers program. schools across the Commonwealth. placed more than 3,000 retired or We also recognize the difficulties But ultimately, nothing matters downsized service members in public which face many of our schools, par- more for the education of our youth schools in 48 different states, providing ticularly those with a large proportion than quality teachers. The Department participants with assistance in obtain- of at-risk students who pose a greater of Education estimates that the na- ing the proper certification or licens- challenge to educators. Many schools tion’s local school districts must hire ing and matching them up with pro- are confronted with the difficult task more than two million teachers over spective employers. In return, these of educating children who face a litany the next decade to meet growing en- new teachers bring to the classroom of personal obstacles, including pov- rollment demands. what educators say our schools need erty, broken homes, language barriers, This legislation builds on an existing most: mature and disciplined role mod- learning disabilities and physical dis- program—the Troops to Teachers pro- els, most of them male and many of abilities. We have attempted to help gram established originally in 1993—to them minorities, well-trained in math schools conquer these challenges by help bring experienced, well-disciplined and science and high tech fields, highly providing incentives for individuals role models with proven leadership motivated, and highly capable of work- who commit to teaching for a min- skills into the public school system. ing in challenging environments. imum of four years at a school with a Since its authorization, the Troops to Our bill, the Troops to Teachers Im- large proportion of at-risk students Teachers program has assisted thou- provement Act, aims to build on this and a significant shortage of teachers. sands of military personnel who leave success by encouraging more military Finally, we have limited the cost of the military to become public school retirees to move into teaching. It this program to the federal government teachers. Troops to Teachers offers would do so by offering those departing by eliminating excessive, duplicative counseling and assistance to help par- troops new incentives to enter the or unnecessary expenses. We have also ticipants identify employment oppor- teaching profession, particularly for limited administrative costs to operate tunities and receive teacher certifi- those who are willing to serve in areas this program to five percent, to ensure cation. It has been a great success, fill- with large concentrations of at-risk that federal funds being spent on this ing school vacancies in 48 states. children and severe shortages of quali- program are actually benefitting our These professionals are providing fied teaching candidates. children and education system, rather what educators say they need the The reality is, Mr. President, that than being absorbed by Washington bu- most: mature role models, most of the nation as a whole is facing a seri- reaucrats. them male and many minorities, often ous teacher shortage. The Department ‘‘A teacher affects eternity; they can trained in math and science, highly of Education is projecting that local never tell where their influence stops.’’ motivated, and comfortable in tough school districts will have to hire more

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.001 S08FE9 2034 CONGRESSIONAL RECORD—SENATE February 8, 1999 than two million new teachers over the more so when we consider the pressures mands of the Information Age econ- next decade due to surging enrollments local school districts are under to fill omy. and the aging of America’s teaching holes in their teaching staffs. Many If there is one place where Troops to force. We were reminded again of this school systems around the country are Teachers is falling short, it is in the problem just this past Sunday by a already feeling the effects of the teach- number of participants. According to front-page in the Washington Post, er shortage, and as a result administra- the Defense Department, less than 2 which described in some detail the tors are being forced to grant large percent of the military personnel who challenge facing school systems across numbers of emergency waivers to cer- have been eligible for the program have the country. tification or licensure rules. This is a participated in the past five years. This As the Post article pointed out, this troubling trend, because while certifi- is due in part, we believe, to the fact is a critical challenge for the nation, cation is not a guarantee of quality, that Congress has not appropriated any the fact that so many schools are low- because our hopes of raising academic money for the program in the last four ering their standards to fill vacancies standards and student achievement years, and thereby stopped providing only heightens the chance that chil- will hinge in large part on the capabili- any financial support to troops who dren in those schools will be stuck with ties and talents of the men and women often incur thousands of dollars in an unqualified instructor. who fill those two million places in the costs for certification and relocations. classroom. Studies show conclusively, In light of all of these developments, and not surprisingly, that teacher I think it is imperative that we search The central goal of our legislation— quality is one of the greatest deter- for new ways to attract more of the na- beyond renewing the program’s author- minants of student achievement, and tion’s best and brightest to the class- ization, which expires at the end of this that low-performing students make room, and we look beyond our edu- fiscal year—is to boost that participa- dramatic gains when they study with cation schools to tap new pools of tal- tion rate, to persuade more troops to the most knowledgeable teachers. The ent. That is why I am so enthusiastic embrace a new way to serve their na- American public is very aware of this about the creative approach taken by tion. Our bill would authorize $25 mil- crucial link, as evidenced in a survey the Troops to Teachers program. I lion for each of the next five years, the done last November, in which nine out can’t think of a better source of teach- bulk of which would go toward funding of 10 people listed raising teacher qual- ing candidates than the smart, dis- stipends of $5,000 to participants who ity as one of our top educational prior- ciplined and dedicated men and women commit to teach four years, and a spe- ities. who leave the military every year, or a cial ‘‘bonus’’ stipend of $10,000 to The President began to address this better return on the investment we as troops who commit to teach in high- critical challenge with his proposal to taxpayers have made in their training. needs areas, which we hope will spur hire 100,000 new teachers, a plan I was A recent evaluation done by the non- more former service members to con- proud to cosponsor. The Congress gave partisan National Center for Education sider teaching. preliminary approval to this plan last Information reveals that the troops I particularly hope our legislation fall through the Omnibus Appropria- who have participated so far have ex- will increase participation in my state tions bill we passed, which included celled in their new careers. of Connecticut. According to the De- funding for the first year of the pro- ‘‘Our research shows that military people fense Department, only six troops have transition extremely well into teaching,’’ gram. I hope we will fully authorized been placed in teaching jobs in Con- this program this year to give local said NCEI President Emily Feistritzers. ‘‘They are a rich source of teachers in all the necticut to date, which is dis- school districts full confidence that the areas where we need teachers—geographi- appointing given the significant num- funding for their efforts will be forth- cally and by subject area. There are more ber of military personnel located in the coming. males among them than in normal recruit- state. The Connecticut Department of But the question remains who is ing, and they are very committed; they are Education believes local school dis- going to fill those new positions, and it going into teaching for all the right rea- tricts could substantially benefit from is this question that most concerns me. sons.’’ this untapped resource, and for that Over the last few years, we have seen The NCEI study found that 90 percent reason the department has strongly some troubling indications about the of program participants were male, in voiced its support for our legislation. quality of teaching candidates being comparison to the current teaching Even with the new incentives we are produced by the nation’s education force, which is three-quarters female; creating, which we hope will recruit as schools. Most Americans would prob- that more than 75 percent of the troops many as 3,000 new teachers each year, ably be surprised to learn that college were teaching in inner cities or in we recognize that Troops to Teachers students who choose to go into teach- small towns and rural areas, often will still only make a modest dent in ing today tend to fall near the bottom where shortages are most acute and solving the national shortage. But we of their peer group academically—a where strong male role models are will, with an extremely modest invest- survey of students in 21 different fields most needed; and that 85 percent of the ment, make a substantial contribution of study found that education majors troops who started teaching over the to our common goals of raising teach- ranked 17th in their performance on last four years are still on the job, a re- ing standards and helping our children the SAT. tention rate far higher than for other And most Americans would probably new educators. realize their potential. And we may also be surprised to know that many of One of the most important needs well galvanize support for a recruit- those would-be teachers are struggling these troops are filling is in math and ment method that, as Education Sec- to pass basic skills tests after grad- science classes. Several surveys have retary Richard Riley has suggested, uating from their training programs. shown that a startling number of the could serve as a model for bringing In Massachusetts, for example, 59 per- men and women who are teaching math many more bright, talented people cent of the 1,800 candidates who took and science in middle and high schools from different professions to serve in the state’s first-ever certification exam today are not trained in these fields. our public schools and raise teaching flunked a literacy exam that the state This problem is especially severe in standards there. board of education chairman rated as inner city school districts, where ap- The President has already expressed at ‘‘about the eighth-grade level.’’ In proximately half of all math and his strong support for our efforts to Long Island, to cite another example, science teachers lack a major or minor renew and revitalize Troops to Teach- only one in four teaching candidates in in their field. The soldiers who are par- ers, including new funding for it in his a pool of 758 could pass an English test ticipating in Troops to Teachers often FY 2000 budget request. I hope my col- normally given to 11th-graders. have advanced training in engineering leagues will join the impressive bipar- These indicators are troubling in and technology, and are well-equipped tisan coalition of cosponsors we have their own right, but they are even to prepare our children for the de- already assembled in supporting our

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.001 S08FE9 February 8, 1999 CONGRESSIONAL RECORD—SENATE 2035 legislation. We have a great oppor- leges in many parts of the country are turn- and Alexandria—are pouring money into tunity here to harness a unique na- ing out fewer graduates—a phenomenon at- similar programs. (D.C. officials have no tional resource to meet a pressing na- tributed to both the low birth rates of the plan to reduce their relatively small class tional need, and I hope we will seize it mid-1970s and that generation’s reluctance to sizes, although they agree that teachers are enter such a demanding but low-paying field. always at a premium.) this year. School districts have responded by crank- Most of the class-size reduction plans are Mr. President, I ask unanimous con- ing up recruitment efforts, setting off early aimed at kindergarten through third grade, sent that an article from the Wash- across the country in search of top teacher where researchers believe children are best ington Post be printed in the RECORD. candidates, forging ties with education served by the extra attention. Some plans There being no objection, the article schools, and piling on the incentives. Balti- also would add more teachers in seventh- or was ordered to be printed in the more schools last year started offering job ninth-grade math, another critical juncture RECORD, as follows: prospects $5,000 toward closing costs on a for students. new home in the city. Some North Carolina Some analysts argue that smaller classes— [From the Washington Post, Feb. 7, 1999] districts promise 6.5 percent annual raises. though increasing the demand for teachers— TEACHER SHORTAGE STYMIES EFFORTS TO CUT Massachusetts caused a sensation this may help solve the shortages by making CLASS SIZES month by offering top teaching-school grad- teaching more appealing. In California, (By Amy Argetsinger) uates the chance to apply for competitive schools had little trouble finding teachers In 1996, California enacted perhaps the $20,000 signing bonuses. for the new first- and second-grade slots, most ambitious education initiative of the At the University of Virginia last week, a which promised no more than 20 students a decade—a $1 billion program to reduce the record 210 recruiters showed up at a job fair class. size of elementary school classes by hiring to woo a graduating class of only 150 teach- The catch, however, was that many of 20,000 extra teachers. ing majors—20 of whom were already spoken them deserted posts in crowded middle Parents cheered the plan, and other for. school classrooms to take the new jobs— states—including Maryland and Virginia— ‘‘It’s unheard of,’’ said Gigi Davis-White, a leaving a void in the upper-grade teaching have rushed to imitate it. President Clinton career-planning director at the university’s ranks. joined in, too, promising a national plan to Curry School of Education. ‘‘I had recruiters At the same time, politicians have increas- help hire 100,000 teachers in the next several complaining.... They’d never really had to ingly made an issue about the quality of pub- years. work that fast.’’ lic school teachers. Virginia last year set the But California’s effort instantly posed a The demand is not limited to students with highest cutoff score in the nation on the question that is likely to be echoed across an education degree, she said. ‘‘If you have a standardized test for aspiring teachers. the country as many schools embark on a math, science or foreign language back- Maryland, meanwhile, has set several new historic hiring binge: ground, they’ll provisionally certify you and hurdles for teachers, requiring them to take Where are all these new teachers supposed get you in the classroom.’’ several more reading courses for certifi- to come from? Deeply concerned about the looming short- cation and linking their license renewal to California found enough teachers—but only ages, Maryland legislators are weighing a regular evaluations. by draining its substitute pools, raiding pri- passel of measures to lure more people into Lately in Maryland, state officials also vate schools, recruiting from other states teaching. have raised concerns about the large number and Mexico and hiring thousands without Glendening is promoting full scholarships of teachers lacking full certification, espe- state teaching licenses. Today, about 10 per- for students who promise to teach in Mary- cially in Prince George’s County and Balti- cent of the state’s teachers are working with land schools. And although a pitch by state more. Fully certified teachers generally ‘‘emergency’’ credentials. Superintendent of Schools Nancy S. must pass a set of approved education It’s a problem that could appear in many Grasmick to give teachers tax breaks found courses, have some student teaching experi- other school districts that are bracing for no sponsor, proposals now before the state ence and pass a national teacher’s exam. their worst teacher shortages in years, at the General Assembly include $3,000 signing bo- Officials in these districts maintain that same time they are trying to fulfill the pop- nuses for top graduates, tax credits to re- just because a teacher is uncertified doesn’t ular education reform goals of raising teach- ward graduate studies, stipends for high-per- mean he or she is a bad teacher—many of the er standards and reducing class sizes. forming teachers, and pension protections to ‘‘provisionally’’ certified teachers are close Already, in Prince George’s County, an encourage retired teachers to return to the to completing the requirements for licen- early collision of these goals suggests that classroom. Sen. Gloria G. Lawlah (D-Prince sure. sometimes something has to give. When Gov. George’s) is proposing scholarships for stu- But they also complain that their smaller Parris N. Glendening (D) promised to hire dents who promise to teach in Prince budgets and larger enrollments make it hard 1,100 new teachers, he also warned that George’s and property tax breaks for county to vie for the dwindling pool of qualified ap- school districts must have at least 98 percent teachers. plicants. ‘‘The competition is intense,’’ said of their teachers with full state certification Yet some say such efforts fall short. Karl Louise F. Waynant, Prince George’s deputy by 2002 or risk losing the new funds. But in Pence, president of the Maryland State superintendent of schools. ‘‘And we do find counties such as Prince George’s, which of- Teachers Association, said state officials that school districts with higher teacher sal- fers mid-range salaries and where only 87 need to focus less on quick fixes and cash bo- aries have a bit of an advantage.’’ percent of teachers are fully certified, offi- nuses than on making teaching a more desir- Gordon Ambach, the executive director of cials complain they cannot possibly improve able and respected profession. the Council of Chief State School Officers, their numbers that fast. ‘‘There are lots of teachers who would ac- argues that the teacher shortage will have This week, aides said the governor may cept challenges of working in at-risk schools little effect on affluent suburbs but will hit consider giving some districts more time to if they could have reasonable class size, the hard in school systems such as Prince reach the goal. materials they need, clean and safe build- George’s and the District, which have great- ‘‘It’s a very delicate balancing act,’’ ings, and technology right there in the class- er pockets of poor and immigrant students. warned Lawrence E. Leak, Maryland’s assist- room,’’ he said. But some education analysts—especially ant superintendent of schools. ‘‘Each one of But the best attempts to fight the teacher advocates for teaching—see opportunity in those issues’’—shortages, standards and class shortage may be complicated by efforts to the teacher crunch. Linda Darling-Ham- sizes—‘‘are compelling with respect to want- reduce class size—which require hiring even mond, executive director of the National ing quality teachers in the classroom.’’ more teachers. Commission on Teaching and America’s Fu- Last fall, public school officials through- It’s one of the most politically popular ture, notes that some parts of the country out the Washington area and across the issues of the day: Many parents and politi- produce more than enough teachers, but that country found themselves scrambling to fill cians insist that with fewer students in a those instructors cannot easily get licensed last-minute teaching vacancies. Most were room, a teacher can provide more individual in other states. She said states should offer in science and math classes, where instruc- attention to each and thus enrich the learn- more reciprocity in teacher licensing. tors can command much higher salaries in ing experience. Clinton’s proposal won fund- She also said the real shortage problem booming high-tech private industries. Many ing for a first-stage hire of 30,000 teachers stems from high rates of attrition—almost 30 districts also reported shortages of special who will join the nation’s classrooms this percent of teachers drop out within five education teachers. fall. years. ‘‘We waste a lot of money and time Yet a more serious and widespread short- Meanwhile, both Glendening and Virginia and effort with the revolving door,’’ Darling- age is looming. In the next decade, rising Gov. James S. Gilmore III (R) are touting Hammond said, ‘‘trying to recruit people, student enrollments and a wave of baby- their own class-size reduction plans, now then treating them badly and watching them boomer retirements will require 2 million under consideration in their state legisla- leave.’’ new teachers, according to the U.S. Depart- tures. And individual school districts—in- David Haselkorn, president of Recruiting ment of Education. Meanwhile, teacher col- cluding Montgomery and Howard counties New Teachers Inc., said school systems need

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.001 S08FE9 2036 CONGRESSIONAL RECORD—SENATE February 8, 1999 to offer mentoring programs for struggling rity benefits keep pace with inflation. S. 390 new teachers—such a plan has been proposed Previously, each adjustment had to Be it enacted by the Senate and House of Rep- in the Maryland General Assembly. And he await legislation, causing bene- resentatives of the United States of America in said he hopes the crunch will inspire local of- ficiaries’ monthly payments to lag be- Congress assembled, ficials to consider raising salaries and other- SECTION 1. SHORT TITLE. wise improve teachers’ working conditions. hind inflation. When Congress took This Act may be cited as the ‘‘Notch Fair- ‘‘The opportunity is to use this moment in this action, it was acting under the ness Act of 1999’’. time—when we are going to be doing a sub- best of intentions. SEC. 2. NEW GUARANTEED MINIMUM PRIMARY stantial amount of hiring—to rethink sig- Unfortuately, this new benefit ad- nificantly how we prepare and support teach- INSURANCE AMOUNT WHERE ELIGI- justment method was flawed. To func- BILITY ARISES DURING TRANSI- ers for the 21st century.’’∑ tion properly, it required that the TIONAL PERIOD. (a) IN GENERAL.—Section 215(a) of the So- By Mr. REID: economy behave in much the same fashion that it had in the 1950s and cial Security Act (42 U.S.C. 415(a)) is amend- S. 390. A bill to amend title II of the ed— Social Security Act to allow workers 1960s, with annual wage increases out- (1) in paragraph (4)(B)— who attain age 65 after 1981 and before pacing prices, and inflation remaining (A) by inserting ‘‘(with or without the ap- 1992 to choose either lump sum pay- relatively low. As we all know, that did plication of paragraph (8))’’ after ‘‘would be ments over four years totaling $5,000 or not happen. The rapid inflation and made’’; and an improved benefit computation for- high unemployment of the 1970s gen- (B) in clause (i), by striking ‘‘1984’’ and in- mula under a new 10-year rule gov- erated increases in benefits. In an ef- serting ‘‘1989’’; and erning the transition to the changes in fort to end this problem, in 1977 Con- (2) by adding at the end the following: gress revised the way that benefits ‘‘(8)(A) In the case of an individual de- benefit computation rules enacted in scribed in paragraph (4)(B) (subject to sub- the Social Security Amendments of were computed. In making its revi- paragraphs (F) and (G) of this paragraph), 1977, and for other purposes; to the sions, Congress decided that it was not the amount of the individual’s primary in- Committee on Finance. proper to reduce benefits for persons surance amount as computed or recomputed ∑ Mr. REID. Mr. President, I rise today already receiving them; it did, how- under paragraph (1) shall be deemed equal to to introduce legislation that would cor- ever, decide that benefits for all future the sum of— rect a problem that plagues a special retirees should be reduced. As a result, ‘‘(i) such amount, and group of older Americans. I am speak- those born after January 1, 1917 would, ‘‘(ii) the applicable transitional increase ing on behalf of those affected by the by design, receive benefits that were, amount (if any). ‘‘(B) For purposes of subparagraph (A)(ii), Social Security notch. in many cases, far less. In an attempt the term ‘applicable transitional increase For my colleagues who may not be to ease the transition to the new, lower amount’ means, in the case of any indi- aware, the Social Security notch benefit levels, Congress designed a spe- vidual, the product derived by multiplying— causes 11 million Americans born be- cial ‘transitional computation method’ ‘‘(i) the excess under former law, by tween the years 1917–1926 to receive for use by beneficiaries born between ‘‘(ii) the applicable percentage in relation less in Social Security benefits than 1917 and 1921. to the year in which the individual becomes Americans born outside the notch Mr. President, we have an obligation eligible for old-age insurance benefits, as determined by the following table: years due to changes made in the 1977 to convey to our constituents that So- Social Security benefit formula. cial Security is a fair system. In town ‘‘If the individual I have felt compelled over the years becomes eligible for The applicable hall meetings back home in Nevada, I such benefits in: percentage is: to speak out about this issue and the have a hard time trying to tell that to 1979 ...... 55 percent injustice it imposes on millions of a notch victim. They feel slighted by 1980 ...... 45 percent Americans. The notch issue has been their government and if I were in their 1981 ...... 35 percent debated and debated, studied and stud- situation, I would too. Through no 1982 ...... 32 percent 1983 ...... 25 percent ied, yet to date, no solution to it has fault of their own, they receive less, been found. Because of this, many older 1984 ...... 20 percent sometimes as much as $200 less, than 1985 ...... 16 percent Americans born during this period their neighbors. 1986 ...... 10 percent must scrimp to afford the most basic of The legislation I am offering today is 1987 ...... 3 percent necessities. my proposal to right the wrong. I pro- 1988 ...... 5 percent. Mr. President, I am the first to ac- ‘‘(C) For purposes of subparagraph (B), the pose using any projected budget sur- knowledge that with any projected term ‘excess under former law’ means, in the plus to pay the lump sum benefit to budget surplus we must save Social Se- case of any individual, the excess of— notch babies. While we have a surplus, curity. In many ways, my legislation ‘‘(i) the applicable former law primary in- let’s fix the notch problem once and for does just this. It restores confidence to surance amount, over all and restore the confidence of the ‘‘(ii) the amount which would be such indi- the many notch victims around the ten million notch babies across this vidual’s primary insurance amount if com- country and will show them that we in land. puted or recomputed under this section with- Congress will accept responsibility for Government has an obligation to be out regard to this paragraph and paragraphs any error that was made. We should (4), (5), and (6). not ask them to accept less as a result fair. I don’t think we have been in the ‘‘(D) For purposes of subparagraph (C)(i), of our mistake. While we must save So- case of notch babies. My support of the term ‘applicable former law primary in- cial Security for the future, we have an notch babies is longstanding. I intro- surance amount’ means, in the case of any obligation to those, who through no duced the only notch amendment in individual, the amount which would be such April 1991 that ever passed in Congress individual’s primary insurance amount if it fault of their own, receive less than were— those that were fortunate enough to be as part of the fiscal year 1992 Budget Resolution. Unfortunately, it did not ‘‘(i) computed or recomputed (pursuant to born just days before or after the notch paragraph (4)(B)(i)) under section 215(a) as in period. become the law of the land as it was effect in December 1978, or I believe we owe a debt to notch ba- dropped in Conference with the House ‘‘(ii) computed or recomputed (pursuant to bies. Like any American family, we of Representatives. I have cosponsored paragraph (4)(B)(ii)) as provided by sub- must first pay the bills before we in- numerous pieces of legislation over the section (d), vest in the future. We have the re- years to address this issue. With this (as applicable) and modified as provided by sources to make good on our debt to legislation, my effort continues. subparagraph (E). notch babies. We should come forward Mr. President, I ask unanimous con- ‘‘(E) In determining the amount which sent that the text of the bill be printed would be an individual’s primary insurance and honor our commitment. amount as provided in subparagraph (D)— in the RECORD. Mr. President, the ‘‘notch’’ situation ‘‘(i) subsection (b)(4) shall not apply; had its origins in 1972, when Congress There being no objection, the bill was ‘‘(ii) section 215(b) as in effect in December decided to create automatic cost-of-liv- ordered to be printed in the RECORD, as 1978 shall apply, except that section ing adjustments to help Social Secu- follows: 215(b)(2)(C) (as then in effect) shall be

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.001 S08FE9 February 8, 1999 CONGRESSIONAL RECORD—SENATE 2037 deemed to provide that an individual’s ‘com- in determining the deceased individual’s pri- research within their walls. They pro- putation base years’ may include only cal- mary insurance amount.’’. vide specialized regional services, in- endar years in the period after 1950 (or 1936 if (b) EFFECTIVE DATE AND RELATED RULES.— cluding complex care to chronically ill applicable) and ending with the calendar (1) APPLICABILITY OF AMENDMENTS.— children, and serve as safety-net pro- (A) IN GENERAL.—Except as provided in year in which such individual attains age 61, viders to low-income children. plus the 3 calendar years after such period paragraph (2), the amendments made by this for which the total of such individual’s Act shall be effective as though they had Teaching is an inherent component wages and self-employment income is the been included or reflected in section 201 of of these hospitals’ day-to-day oper- largest; and the Social Security Amendments of 1977. ations. These hospitals train twenty- ‘‘(iii) subdivision (I) in the last sentence of (B) APPLICABILITY.—No monthly benefit or nine percent of the nation’s pediatri- paragraph (4) shall be applied as though the primary insurance amount under title II of cians, and the majority of America’s words ‘without regard to any increases in the Social Security Act shall be increased by pediatric specialists. Pediatric resi- that table’ in such subdivision read ‘includ- reason of such amendments for any month dents develop the skills they need to ing any increases in that table’. before July 2000. The amendments made this care for our nation’s children at these ‘‘(F) This paragraph shall apply in the case section shall apply with respect to benefits institutions. of any individual only if such application re- payable in months in any fiscal year after In addition, these hospitals effec- fiscal year 2003 only if the corresponding de- sults in a primary insurance amount for such tively combine the joint missions of individual that is greater than it would be if crease in adjusted discretionary spending computed or recomputed under paragraph limits for budget authority and outlays teaching and research. Scientific dis- (4)(B) without regard to this paragraph. under section 3 of this Act for fiscal years covery depends on the strong academic ‘‘(G)(i) This paragraph shall apply in the prior to fiscal year 2004 is extended by Fed- focus of teaching hospitals. The teach- case of any individual subject to any timely eral law to such fiscal year after fiscal year ing environment attracts academics election to receive lump sum payments 2003. devoted to research. It attracts the vol- under this subparagraph. (2) RECOMPUTATION TO REFLECT BENEFIT IN- ume and spectrum of complex cases ‘‘(ii) A written election to receive lump CREASES.—Notwithstanding section 215(f)(1) needed for clinical research. And the sum payments under this subparagraph, in of the Social Security Act, the Commis- teaching mission creates the intellec- sioner of Social Security shall recompute lieu of the application of this paragraph to tual environment necessary to test the the computation of the primary insurance the primary insurance amount so as to take amount of an individual described in para- into account the amendments made by this conventional wisdom of day-to-day graph (4)(B), may be filed with the Commis- Act in any case in which— health care and foster the questioning sioner of Social Security in such form and (A) an individual is entitled to monthly in- that leads to breakthroughs in re- manner as shall be prescribed in regulations surance benefits under title II of such Act for search. Because these hospitals com- of the Commissioner. Any such election may June 2000; and bine research and teaching in a clinical be filed by such individual or, in the event of (B) such benefits are based on a primary setting, these breakthroughs can be such individual’s death before any such elec- insurance amount computed— rapidly translated into patient care. tion is filed by such individual, by any other (i) under section 215 of such Act as in effect Children’s hospitals have contributed (by reason of the Social Security Amend- beneficiary entitled to benefits under section to advances in virtually every aspect of 202 on the basis of such individual’s wages ments of 1977) after December 1978, or and self-employment income. Any such elec- (ii) under section 215 of such Act as in ef- pediatric medicine. Thanks to research tion filed after December 31, 1999, shall be fect prior to January 1979 by reason of sub- efforts at these hospitals, children can null and void and of no effect. section (a)(4)(B) of such section (as amended survive once-fatal diseases such as ‘‘(iii) Upon receipt by the Commissioner of by the Social Security Amendments of 1977). polio, grow and thrive with disabilities a timely election filed by the individual de- SEC. 3. OFFSET PROVIDED BY PROJECTED FED- such as cerebral palsy, and overcome scribed in paragraph (4)(B) in accordance ERAL BUDGET SURPLUSES. juvenile diabetes to become self-sup- with clause (ii)— Amounts offset by this Act shall not be porting adults. ‘‘(I) the Commissioner shall certify receipt counted as direct spending for purposes of Through patient care, teaching and of such election to the Secretary of the the budgetary limits provided in the Con- gressional Budget Act of 1974 and the Bal- research, these hospitals contribute to Treasury, and the Secretary of the Treasury, our communities in many ways. How- after receipt of such certification, shall pay anced Budget and Emergency Deficit Control such individual, from amounts in the Federal Act of 1985.∑ ever, their training programs—and Old-Age and Survivors Insurance Trust their ability to fulfill their critical role Fund, a total amount equal to $5,000, in 4 an- By Mr. KERREY (for himself, Mr. in America’s health care system—are nual lump sum installments of $1,250, the BOND, Mr. KENNEDY, Mr. GOR- being gradually undermined by dwin- first of which shall be made during fiscal TON, Mr. GRAHAM, Mr. DEWINE, dling financial support. Maintaining a year 2000 not later than July 1, 2000, and Mr. MOYNIHAN, Mr. DURBIN, Mr. vibrant teaching and research program ‘‘(II) subparagraph (A) shall not apply in INOUYE, Mr. MACK, and Mrs. is more expensive than simply pro- determining such individual’s primary insur- MURRAY): viding patient care. The nation’s teach- ance amount. S. 391. A bill to provide for payments ing hospitals have historically relied ‘‘(iv) Upon receipt by the Commissioner as to children’s hospitals that operate of December 31, 1999, of a timely election on additional support—support beyond filed in accordance with clause (ii) by at graduate medical education programs; the cost of clinical care itself—in order least one beneficiary entitled to benefits on to the Committee on Finance. to finance their teaching programs. the basis of the wages and self-employment CHILDREN’S HOSPITALS EDUCATION AND Today, competitive market pressures income of a deceased individual described in RESEARCH ACT OF 1999 provide little incentive for private pay- paragraph (4)(B), if such deceased individual ∑ Mr. KERREY. Mr. President, I am ers to contribute towards teaching has filed no timely election in accordance pleased to introduce this proposal to costs. At the same time, the increased with clause (ii)— provide critical support to teaching use of managed care plans within the ‘‘(I) the Commissioner shall certify receipt programs at free-standing children’s Medicaid program has decreased the of all such elections received as of such date hospitals. I am also honored to be to the Secretary of the Treasury, and the availability of teaching dollars through Secretary of the Treasury, after receipt of joined by Senators BOND, KENNEDY, Medicaid. Therefore, Medicare’s sup- such certification, shall pay each beneficiary DURBIN, DEWINE, MOYNIHAN, GRAHAM, port for graduate medical education is filing such a timely election, from amounts GORTON, INOUYE, MACK, and MURRAY as more important than ever. in the Federal Old-Age and Survivors Insur- original cosponsors. And I am gratified Independent children’s hospitals, ance Trust Fund, a total amount equal to to note that the President’s budget however, serve an extremely small $5,000 (or, in the case of 2 or more such bene- submission for FY 2000 also includes number of Medicare patients. There- ficiaries, such amount distributed evenly funding for teaching programs at these fore, they do not receive Medicare among such beneficiaries), in 4 equal annual hospitals. graduate medical education payments lump sum installments, the first of which Children’s hospitals play an impor- shall be made during fiscal year 2000 not to support their teaching activities. later than July 1, 2000, and tant role in our nation’s health care The most significant source of grad- ‘‘(II) solely for purposes of determining the system. They combine high-quality uate medical education financing is, in amount of such beneficiary’s benefits, sub- clinical care, a vibrant teaching mis- large part, not available to these hos- paragraph (A) shall be deemed not to apply sion and leading pediatric biomedical pitals.

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.001 S08FE9 2038 CONGRESSIONAL RECORD—SENATE February 8, 1999 This proposal will address, for the dren’s hospital for each hospital cost report- amount determined appropriate by the Sec- short-term, this unintended con- ing period under the medicare program be- retary. sequence of current public policy. It ginning in or after fiscal year 2000 and before (2) FACTORS.—In determining the amount will provide time-limited support to fiscal year 2004 for the— under paragraph (1), the Secretary shall— (A) direct expenses associated with oper- (A) take into account variations in case help children’s hospitals train tomor- ating approved medical residency training mix among children’s hospitals and the num- row’s pediatricians, investigate new programs; and ber of full-time equivalent residents in the treatments and pursue pediatric bio- (B) indirect expenses associated with the hospitals’ approved medical residency train- medical research. It will establish a treatment of more severely ill patients and ing programs for the cost reporting period; four-year fund, which will provide chil- the additional costs related to the teaching and dren’s hospitals with Federal teaching of residents. (B) assure that the aggregate of the pay- payments that are based on their per (2) PAYMENT AMOUNTS.—Subject to para- ments for indirect expenses associated with resident costs and the complexity of graph (3), the following amounts shall be the treatment of more severely ill patients their patient population. Total spend- payable under this section to a children’s and the additional costs related to the teach- hospital for a cost reporting period described ing of residents under this section in a fiscal ing over four years will be less than a in paragraph (1): year are equal to the amount appropriated billion dollars. (A) DIRECT EXPENSES.—The amount deter- for such expenses in such year under sub- This proposal does not solve the fun- mined under subsection (b) for direct ex- section (e)(2). damental dilemma of how to cover the penses described in paragraph (1)(A). (d) MAKING OF PAYMENTS.— cost of training our nation’s doctors. (B) INDIRECT EXPENSES.—The amount de- (1) INTERIM PAYMENTS.—The Secretary Congress has charged the Bipartisan termined under subsection (c) for indirect shall estimate, before the beginning of each Commission on the Future of Medicare expenses described in paragraph (1)(B). cost reporting period for a hospital for which with developing recommendations on (3) CAPPED AMOUNT.— the payments may be made under this sec- this important question—and Congress (A) IN GENERAL.—The payments to chil- tion, the amounts of the payments for such has directed the Commission to exam- dren’s hospitals established in this sub- period and shall (subject to paragraph (2)) section for cost reporting periods ending in make the payments of such amounts in 26 ine teaching support for children’s hos- any fiscal year shall not exceed the funds ap- equal interim installments during such pe- pitals within these recommendations. I propriated under subsection (e) for that fis- riod. believe the Commission’s recommenda- cal year. (2) WITHHOLDING.—The Secretary shall tion will recognize the need to include (B) PRO RATA REDUCTIONS OF PAYMENTS FOR withhold up to 25 percent from each interim children’s hospitals within the frame- DIRECT EXPENSES.—If the Secretary deter- installment paid under paragraph (1). work of graduate medical education. mines that the amount of funds appropriated (3) RECONCILIATION.—At the end of each But in the meantime, this proposal under subsection (e)(1) for cost reporting pe- such period, the hospital shall submit to the provides the support these hospitals riods ending in any fiscal year is insufficient Secretary such information as the Secretary need until these broader questions are to provide the total amount of payments determines to be necessary to determine the otherwise due for such periods, the Secretary percent (if any) of the total amount withheld answered and addressed. shall reduce each of the amounts payable under paragraph (2) that is due under this All American families have great under this section pursuant to paragraph section for the hospital for the period. Based dreams for their children. These hopes (2)(A) for such period on a pro rata basis to on such determination, the Secretary shall include healthy, active, happy child- reflect such shortfall. recoup any overpayments made, or pay any hoods, so they seek the best possible (b) AMOUNT OF PAYMENT FOR DIRECT MED- balance due. The amount so determined shall health care for their children. And ICAL EDUCATION.— be considered a final intermediary deter- when these dreams are threatened by a (1) IN GENERAL.—The amount determined mination for purposes of applying section critical illness, they seek the expertise under this subsection for payments to a chil- 1878 of the Social Security Act (42 U.S.C. dren’s hospital for direct expenses relating 1395oo) and shall be subject to review under of highly-trained pediatricians and pe- to approved medical residency training pro- that section in the same manner as the diatric specialists, and rely on the re- grams for a cost reporting period beginning amount of payment under section 1886(d) of search discoveries fostered by chil- in or after fiscal year 2000 and before fiscal such Act (42 U.S.C. 1395ww(d)) is subject to dren’s hospitals. All families deserve a year 2004 is equal to the product of— review under such section. chance at the American dream. (A) the updated per resident amount for di- (e) LIMITATION ON EXPENDITURES.— Through this legislation, we will help rect medical education, as determined under (1) DIRECT MEDICAL EDUCATION.— children’s hospitals—hospitals such as paragraph (2), for the cost reporting period; (A) IN GENERAL.—Subject to subparagraph Children’s Hospital in Omaha, Boys’ and (B), there are hereby appropriated, out of (B) the number of full-time equivalent resi- any money in the Treasury not otherwise ap- Town, St. Louis Children’s Hospital, dents in the hospital’s approved medical resi- propriated, for payments under this section Children’s Hospital in Boston, Chil- dency training programs (as determined for direct expenses relating to approved med- dren’s Hospital in Seattle+ and oth- under section 1886(h)(4) of the Social Secu- ical residency training programs for cost reers—train the doctors and do the re- rity Act (42 U.S.C. 1395ww(h)(4))) for the cost porting periods beginning in— search necessary to fulfill this dream. reporting period. (i) fiscal year 2000, $35,000,000; Through this legislation, Congress will (2) UPDATED PER RESIDENT AMOUNT FOR DI- (ii) fiscal year 2001, $95,000,000; be doing its part to help American fam- RECT MEDICAL EDUCATION.—The updated per (iii) fiscal year 2002, $95,000,000; and ilies work towards a successful future. resident amount for direct medical edu- (iv) fiscal year 2003, $95,000,000. Mr. President, I ask unanimous con- cation for a hospital for a cost reporting pe- (B) CARRYOVER OF EXCESS.—If the amount riod ending in a fiscal year is an amount of payments under this section for cost resent that the text of the bill be printed equal to the per resident amount for cost reporting periods beginning in fiscal year 2000, in the RECORD. porting periods ending during fiscal year 1999 2001, or 2002 is less than the amount provided There being no objection, the bill was for the hospital involved (as determined by under this paragraph for such payments for ordered to be printed in the RECORD, as the Secretary using the methodology de- such periods, then the amount available follows: scribed in section 1886(h)(2)(E)) of such Act under this paragraph for cost reporting peri- S. 391 (42 U.S.C. 1395ww(h)(2)(E))) increased by the ods beginning in the following fiscal year Be it enacted by the Senate and House of Rep- percentage increase in the Consumer Price shall be increased by the amount of such dif- resentatives of the United States of America in Index for All Urban Consumers (United ference. Congress assembled, States city average) from fiscal year 1999 (2) INDIRECT MEDICAL EDUCATION.—There SECTION 1. SHORT TITLE. through the fiscal year involved. are hereby appropriated, out of any money in This Act may be cited as the ‘‘Children’s (c) AMOUNT OF PAYMENT FOR INDIRECT MED- the Treasury not otherwise appropriated, for Hospitals Education and Research Act of ICAL EDUCATION.— payments under this section for indirect ex- 1999’’. (1) IN GENERAL.—The amount determined penses associated with the treatment of SEC. 2. PROGRAM OF PAYMENTS TO CHILDREN’S under this subsection for payments to a chil- more severely ill patients and the additional HOSPITALS THAT OPERATE GRAD- dren’s hospital for indirect expenses associ- costs related to the teaching of residents for UATE MEDICAL EDUCATION PRO- ated with the treatment of more severely ill cost reporting periods beginning in— GRAMS. patients and the additional costs related to (A) fiscal year 2000, $65,000,000; (a) PAYMENTS.— the teaching of residents for a cost reporting (B) fiscal year 2001, $190,000,000; (1) IN GENERAL.—The Secretary shall make period beginning in or after fiscal year 2000 (C) fiscal year 2002, $190,000,000; and payments under this section to each chil- and before fiscal year 2004 is equal to an (D) fiscal year 2003, $190,000,000.

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.001 S08FE9 February 8, 1999 CONGRESSIONAL RECORD—SENATE 2039 (f) RELATION TO MEDICARE AND MEDICAID needed as much as other types of physi- Mr. Foley personified the high ideal PAYMENTS.—Notwithstanding any other pro- cians. Under this bill, the Department to which all of us aspire as public serv- vision of law, payments under this section to of Health and Human Services is au- ants and Members of Congress. First a hospital for a cost reporting period— thorized to provide support to free- and foremost he was a gentleman who (1) are in lieu of any amounts otherwise payable to the hospital under section 1886(h) standing children’s hospitals for such sought consensus, recognizing the or 1886(d)(5)(B) of the Social Security Act (42 training. It means that children’s hos- value of maintaining a good working U.S.C. 1395ww(h); 1395ww(d)(5)B)) to the hospitals will receive the same level of relationship among colleagues. He pital for such cost reporting period, but support that this country gives to loved Congress, and believed it to be (2) shall not affect the amounts otherwise other teaching hospitals. Under this the best forum for democracy in the payable to such hospitals under a State med- legislation funds will be distributed world. icaid plan under title XIX of such Act (42 fairly, by using a formula that con- Speaker Foley worked tirelessly to U.S.C. 1396 et seq.). siders variations across the country in promote and strengthen the North- (g) DEFINITIONS.—In this section: the cost of such training. Safeguards west’s economy. During my first two (1) APPROVED MEDICAL RESIDENCY TRAINING years as a Senator, I enjoyed working PROGRAM.—The term ‘‘approved medical resi- are included to guarantee that the dol- dency training program’’ has the meaning lars are spent only when residents are with him and I am proud of our joint given such term in section 1886(h)(5)(A) of actually trained. efforts to help our constituents, espe- the Social Security Act (42 U.S.C. President Clinton’s budget recognizes cially in the successful promotion of 1395ww(h)(5)(A)). this high priority. It includes a $40 mil- Washington wheat and apples on both (2) CHILDREN’S HOSPITAL.—The term ‘‘chil- lion downpayment until this legisla- domestic and international markets. dren’s hospital’’ means a hospital described tion is enacted. Without Mr. Foley, we would likely not in section 1886(d)(1)(B)(iii) of the Social Se- be exporting our agricultural products curity Act (42 U.S.C. 1395ww(d)(1)(B)(iii)). I look forward to working with my colleagues and the administration to to as many destinations across the (3) DIRECT GRADUATE MEDICAL EDUCATION globe as we do. Today, he continues to COSTS.—The term ‘‘direct graduate medical assure early passage of this needed leg- education costs’’ has the meaning given such islation. I commend both the President see that our goods are sold in places, term in section 1886(h)(5)(C) of the Social Se- and the First Lady for their strong such as Japan, that historically have curity Act (42 U.S.C. 1395ww(h)(5)(C)). commitment to children and for their had tightly controlled markets. (4) SECRETARY.—The term ‘‘Secretary’’ indispensable leadership on this impor- Today I also honor another Wash- means the Secretary of Health and Human tant issue. Action by Congress is need- ington native, Walter F. Horan. He Services.∑ ed now. We must work together to served 22 years, from 1943 to 1965, as the ∑ Mr. KENNEDY. Mr. President, Amer- make a long-term commitment to en- Congressman from eastern Washington. ica’s children—from the smallest pre- able children’s hospitals to train the Representative Horan was raised in mature baby to the tallest teenager— physicians of the future to care for Wenatchee, served in the Navy during the First World War, graduated from deserve access to doctors trained spe- children.∑ cifically in meeting their health needs. Washington State University in Pull- I commend Senator KERREY’s leader- By Mrs. MURRAY (for herself and man, and raised apples on his family ship in this bipartisan legislation in- Mr. GORTON): farm. troduced today to provide greater sup- S. 392. A bill to designate the Federal As a member of the Appropriations port to children’s hospitals, so that building and United States courthouse Committee, Representative Horan was they can continue to train the kinds of located at West 920 Riverside Avenue in an excellent advocate for western in- doctors that children need. Spokane, Washington, as the ‘‘Thomas terests, especially those of his con- In the United States, there are 53 S. Foley Federal Building and United stituents in eastern Washington. As a freestanding pediatric hospitals—less States Courthouse,’’ and the plaza at farmer himself, he knew the needs of than 1% of all the hospitals in the the south entrance of that building and the people he served and urged the Con- country. Yet they train more than a courthouse as the ‘‘Walter F. Horan gress to pass laws to ensure their eco- quarter of all pediatricians and more Plaza’’; to the Committee on Environ- nomic prosperity. He died in 1966 and is than half of all pediatric specialists. ment and Public Works. buried in his beloved hometown of These hospitals also help train other Wenatchee. THOMAS S. FOLEY FEDERAL BUILDING AND It is my honor to sponsor legislation doctors who need experience in taking UNITED STATES COURTHOUSE that permanently recognizes the con- care of children—including family doc- Mrs. MURRAY. Mr. President, today tributions these two Washingtonians tors, neurologists, and surgeons. I have introduced legislation desig- have made to my state and our nation. Children’s hospitals typically provide nating the federal building located at Mr. President, I ask unanimous con- care for the sickest children—those West 920 Riverside Avenue, Spokane, sent that the text of the bill be printed whose medical needs are not easily met Washington, as the ‘‘Thomas S. Foley in the RECORD. in the local and community hospitals. Federal Building and United States There being no objection, the bill was Patients in children’s hospitals include Courthouse.’’ The bill also designates ordered to be printed in the RECORD, as a higher percentage of our nation’s un- the plaza located immediately in front follows: insured children and low-income chil- of the building as the ‘‘Walter F. Horan S. 392 dren. These hospitals are the source of Plaza.’’ Be it enacted by the Senate and House of Rep- many new lifesaving strategies, such as Speaker Tom Foley had a long and resentatives of the United States of America in treating childhood cancer and helping distinguished career in the United Congress assembled, premature babies to breathe. States House of Representatives. He SECTION 1. DESIGNATION OF THOMAS S. FOLEY But the ability of children’s hospitals served for 30 years, concluding his serv- FEDERAL BUILDING AND UNITED to train doctors is in increasing jeop- ice as Speaker of the House in the 103rd STATES COURTHOUSE. ardy. Funds for training residents are (a) IN GENERAL.—The Federal building and Congress. He was also Speaker in the United States courthouse located at West 920 declining as changes take place in the 102nd Congress, and held positions as Riverside Avenue in Spokane, Washington, ways we pay for our health care. For Majority Leader, Majority Whip, and shall be known and designated as the most hospitals, support for graduate Chairman of the House Agriculture ‘‘Thomas S. Foley Federal Building and medical education is funded through Committee. Speaker Foley now serves United States Courthouse’’. Medicare. But since freestanding chil- as our nation’s Ambassador to Japan. (b) REFERENCES.—Any reference in a law, dren’s hospitals treat almost no Medi- Tom Foley is a native of Spokane, map, regulation, document, paper, or other care patients, they receive almost no Washington, and earned his under- record of the United States to the Federal building and United States courthouse re- federal support or other support for graduate and law degree from the Uni- ferred to in subsection (a) shall be deemed to training their residents. versity of Washington. His parents be a reference to the ‘‘Thomas S. Foley Fed- Democrats and Republicans recognize were highly respected citizens of Spo- eral Building and United States Court- that qualified children’s physicians are kane. house’’.

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SEC. 2. DESIGNATION OF WALTER F. HORAN S. 280 (Mr. ABRAHAM), the Senator from Dela- PLAZA. At the request of Mr. FRIST, the ware (Mr. BIDEN), the Senator from (a) IN GENERAL.—The plaza located at the names of the Senator from Montana New Mexico (Mr. BINGAMAN), the Sen- south entrance of the Federal building and United States courthouse referred to in sec- (Mr. BURNS) and the Senator from Min- ator from North Dakota (Mr. CONRAD), tion 1(a) shall be known and designated as nesota (Mr. GRAMS) were added as co- the Senator from Vermont (Mr. JEF- the ‘‘Walter F. Horan Plaza’’. sponsors of S. 280, a bill to provide for FORDS), the Senator from Nebraska (b) REFERENCES.—Any reference in a law, education flexibility partnerships. (Mr. KERREY), and the Senator from map, regulation, document, paper, or other S. 322 Virginia (Mr. WARNER) were added as record of the United States to the plaza re- At the request of Mr. CAMPBELL, the cosponsors of Senate Resolution 29, a ferred to in subsection (a) shall be deemed to names of the Senator from Michigan resolution to designate the week of be a reference to the ‘‘Walter F. Horan (Mr. ABRAHAM), the Senator from Ne- May 2, 1999, as ‘‘National Correctional Plaza’’. vada (Mr. REID), and the Senator from Officers and Employees Week.’’ SEC. 3. EFFECTIVE DATE. This Act takes effect on March 6, 1999.∑ South Carolina (Mr. HOLLINGS) were f added as cosponsors of S. 322, a bill to SENATE CONCURRENT RESOLU- f amend title 4, United States Code, to TION 7—HONORING THE LIFE ADDITIONAL COSPONSORS add the Martin Luther King Jr. holiday AND LEGACY OF KING HUSSEIN to the list of days on which the flag S. 13 IBN TALA AL-HASHEM At the request of Mr. SESSIONS, the should especially be displayed. By Mr. LOTT (for himself, Mr. name of the Senator from Minnesota S. 331 DASCHLE, Mr. HELMS, Mr. BIDEN, Mr. (Mr. GRAMS) was added as a cosponsor At the request of Mr. JEFFORDS, the ABRAHAM, Mr. AKAKA, Mr. ALLARD, Mr. of S. 13, a bill to amend the Internal names of the Senator from Nevada (Mr. ASHCROFT, Mr. BAUCUS, Mr. BAYH, Mr. Revenue Code of 1986 to provide addi- BRYAN), the Senator from Montana BENNETT, Mr. BINGAMAN, Mr. BOND, tional tax incentives for education. (Mr. BAUCUS), the Senator from Hawaii Mrs. BOXER, Mr. BREAUX, Mr. S. 61 (Mr. AKAKA), the Senator from New BROWNBACK, Mr. BRYAN, Mr. BUNNING, At the request of Mr. DEWINE, the York (Mr. SCHUMER), the Senator from Mr. BURNS, Mr. BYRD, Mr. CAMPBELL, name of the Senator from Maine (Ms. Mississippi (Mr. COCHRAN), the Senator from New Mexico (Mr. DOMENICI), the Mr. CHAFEE, Mr. CLELAND, Mr. COCH- SNOWE) was added as a cosponsor of S. RAN, Ms. COLLINS, Mr. CONRAD, Mr. 61, a bill to amend the Tariff Act of Senator from North Dakota (Mr. DOR- GAN), and the Senator from Michigan COVERDELL, Mr. CRAIG, Mr. CRAPO, Mr. 1930 to eliminate disincentives to fair DEWINE, Mr. DODD, Mr. DOMENICI, Mr. trade conditions. (Mr. LEVIN) were added as cosponsors of S. 331, a bill to amend the Social Se- DORGAN, Mr. DURBIN, Mr. EDWARDS, Mr. S. 135 curity Act to expand the availability of ENZI, Mr. FEINGOLD, Mrs. FEINSTEIN, At the request of Mr. DURBIN, the health care coverage for working indi- Mr. FITZGERALD, Mr. FRIST, Mr. GOR- names of the Senator from New Jersey viduals with disabilities, to establish a TON, Mr. GRAHAM, Mr. GRAMM, Mr. (Mr. LAUTENBERG) and the Senator Ticket to Work and Self-Sufficiency GRAMS, Mr. GRASSLEY, Mr. GREGG, Mr. from Vermont (Mr. LEAHY) were added Program in the Social Security Admin- HAGEL, Mr. HARKIN, Mr. HATCH, Mr. as cosponsors of S. 135, a bill to amend istration to provide such individuals HOLLINGS, Mr. HUTCHINSON, Mrs. the Internal Revenue Code of 1986 to in- with meaningful opportunities to work, HUTCHISON, Mr. INHOFE, Mr. INOUYE, crease the deduction for the health in- and for other purposes. Mr. JEFFORDS, Mr. JOHNSON, Mr. KEN- surance costs of self-employed individ- NEDY ERREY ERRY S. 346 , Mr. K , Mr. K , Mr. uals, and for other purposes. At the request of Mrs. HUTCHISON, the KOHL, Mr. KYL, Ms. LANDRIEU, Mr. LAU- S. 170 names of the Senator from Kansas (Mr. TENBERG, Mr. LEAHY, Mr. LEVIN, Mr. MITH At the request of Mr. S , the ROBERTS), the Senator from Alabama LIEBERMAN, Mrs. LINCOLN, Mr. LUGAR, name of the Senator from Nevada (Mr. (Mr. SESSIONS), and the Senator from Mr. MACK, Mr. MCCAIN, Mr. MCCON- REID) was added as a cosponsor of S. Alabama (Mr. SHELBY) were added as NELL, Ms. MIKULSKI, Mr. MOYNIHAN, Mr. 170, a bill to permit revocation by cosponsors of S. 346, a bill to amend MURKOWSKI, Mrs. MURRAY, Mr. NICK- members of the clergy of their exemp- title XIX of the Social Security Act to LES, Mr. REED, Mr. REID, Mr. ROBB, Mr. tion from Social Security coverage. prohibit the recoupment of funds re- ROBERTS, Mr. ROCKEFELLER, Mr. ROTH, S. 223 covered by States from one or more to- Mr. SANTORUM, Mr. SARBANES, Mr. At the request of Mr. LAUTENBERG, bacco manufacturers. SCHUMER, Mr. SESSIONS, Mr. SHELBY, Mr. SMITH of New Hampshire, Mr. the name of the Senator from Michigan SENATE JOINT RESOLUTION 2 SMITH of Oregon, Ms. SNOWE, Mr. SPEC- (Mr. LEVIN) was added as a cosponsor of At the request of Mr. KYL, the name S. 223, a bill to help communities mod- of the Senator from Wyoming (Mr. TER, Mr. STEVENS, Mr. THOMAS, Mr. THOMPSON, Mr. THURMOND, Mr. ernize public school facilities, and for THOMAS) was added as a cosponsor of other purposes. Senate Joint Resolution 2, a joint reso- TORRICELLI, Mr. VOINOVICH, Mr. WAR- NER, Mr. WELLSTONE, and Mr. WYDEN) S. 260 lution proposing an amendment to the submitted the following resolution; At the request of Mr. GRASSLEY, the Constitution of the United States to which was considered and agreed to: name of the Senator from North Da- require two-thirds majorities for in- kota (Mr. CONRAD) was added as a co- creasing taxes. S. CON. RES. 7 Whereas King Hussein ibn Talal al-Hashem sponsor of S. 260, a bill to make chap- SENATE CONCURRENT RESOLUTION 5 was born in Amman on November 14, 1935; ter 12 of title 11, United States Code, At the request of Mr. BROWNBACK, the Whereas he was proclaimed king of Jordan permanent, and for other purposes. names of the Senator from California in August of 1952 at the age of 17 following S. 261 (Mrs. FEINSTEIN) and the Senator from the assassination of his grandfather, King At the request of Mr. SPECTER, the Washington (Mr. GORTON) were added Abdullah and the abdication of his father, name of the Senator from Michigan as cosponsors of Senate Concurrent Talal; Whereas King Hussein became the longest (Mr. LEVIN) was added as a cosponsor of Resolution 5, a concurrent resolution serving head of state in the Middle East, S. 261, a bill to amend the Trade Act of expressing congressional opposition to working with every U.S. President since 1974, and for other purposes. the unilateral declaration of a Pales- Dwight D. Eisenhower; S. 271 tinian state and urging the President Whereas under King Hussein, Jordan has At the request of Mr. FRIST, the to assert clearly United States opposi- instituted wide-ranging democratic reforms; names of the Senator from Montana tion to such a unilateral declaration of Whereas throughout his life, King Hussein statehood. survived multiple assassination attempts, (Mr. BURNS) and the Senator from Min- plots to overthrow his government and at- nesota (Mr. GRAMS) were added as co- SENATE RESOLUTION 29 tacks on Jordan, invariably meeting such at- sponsors of S. 271, a bill to provide for At the request of Mr. ROBB, the tacks with fierce courage and devotion to his education flexibility partnerships. names of the Senator from Michigan Kingdom and its people;

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.001 S08FE9 February 8, 1999 CONGRESSIONAL RECORD—SENATE 2041 Whereas despite decades of conflict with of the Senate and the public that a by the Committee, three members shall con- the State of Israel, King Hussein invariably hearing of the Senate Committee on stitute a quorum, and for the taking of maintained a dialogue with the Jewish state, Health, Education, Labor, and Pen- sworn testimony by any subcommittee, one and ultimately signed a full-fledged peace sions will be held on Thursday, Feb- member shall constitute a quorum. treaty with Israel on October 26, 1994; III. Proxies— Whereas King Hussein has established a ruary 11, 1999, 9:30 a.m., in SD–430 of Except for the reporting of a bill, votes model for Arab-Israeli coexistence in Jor- the Senate Dirksen Building. The sub- may be cast by proxy when any member so dan’s ties with the State of Israel, including ject of the hearing is Education Budget requests. deepening political and cultural relations, Proposals. For further information, IV. Attendance of staff members at closed growing trade and economic ties and other please call the committee, 202/224–5375. sessions— major accomplishments; COMMITTEE ON ENERGY AND NATURAL Attendance of Staff Members at closed ses- Whereas King Hussein contributed to the RESOURCES sions of the Committee shall be limited to cause of peace in the Middle East with tire- those members of the Committee Staff that less energy, rising from his sick bed at the Mr. MURKOWSKI. Mr. President, I have a responsibility associated with the last to assist in the Wye Plantation talks be- would like to announce for the public matter being considered at such meeting. tween the State of Israel and the Palestinian that a hearing has been scheduled be- This rule may be waived by unanimous con- Authority; fore the full Energy and Natural Re- sent. Whereas King Hussein fought cancer with sources Committee to consider the V. Broadcasting and photographing of the same courage he displayed in tirelessly President’s proposed fiscal year 2000 Committee hearing— promoting and making invaluable contribu- budget. The Committee or any of its subcommit- tions to peace in the Middle East; The committee will hear testimony tees may permit the photographing and Whereas on February 7, 1999, King Hussein broadcast of open hearings by television and/ succumbed to cancer in Amman, Jordan: from the following: or radio. However, if any member of a sub- Now, therefore, be it 1. The Department of Energy and the committee objects to the photographing or Resolved by the Senate, (The House of Rep- Federal Energy Regulatory Commis- broadcasting of an open hearing, the ques- resentatives concurring), That the Congress— sion on Thursday, February 25, 1999, be- tion shall be referred to the Full Committee (1) extends its deepest sympathy and con- ginning at 9 a.m., in room SD–366 of the for its decision. dolences to the family of King Hussein and Dirksen Senate Office Building in VI. Availability of subcommittee reports— to all the people of Jordan in this difficult Washington, DC. To the extent possible, when the bill and time; 2. The Forest Service on Thursday, report of any subcommittee are available, (2) expresses admiration for King Hussein’s February 25, 1999, beginning at 2 p.m., they shall be furnished to each member of enlightened leadership and gratitude for his the Committee thirty-six hours prior to the support for peace throughout the Middle in room SD–366 of the Dirksen Senate Committee’s consideration of said bill and East; Office Building in Washington, DC. report. (3) expresses its support and best wishes for 3. The Department of the Interior on VII. Amendments and report language— the new government of Jordan under King Tuesday, March 2, 1999, beginning at To the extent possible, amendments and Abdullah; 9:30 a.m., in room SD–366 of the Dirk- report language intended to be proposed by (4) reaffirms the United States commit- sen Senate Office Building in Wash- Senators at Full Committee markups shall ment to strengthening the vital relationship ington, DC. be provided in writing to the Chairman and between our two governments and peoples; For further information, please call Ranking Minority Member and the appro- SEC. 2. The Secretary of the Senate is di- priate Subcommittee Chairman and Ranking rected to transmit an enrolled copy of this Betty Nevitt, staff assistant at (202) Minority Member twenty-four hours prior to resolution to the family of the deceased. 224–0765, Amie Brown, staff assistant at such markups. (202) 224–6170, or Jo Meuse, staff assist- VIII. Points of order— f ant at (202) 224–4756. Any member of the Committee who is floor NOTICES OF HEARINGS f manager of an appropriation bill, is hereby authorized to make points of order against COMMITTEE ON HEALTH, EDUCATION, LABOR, ADDITIONAL STATEMENTS any amendment offered in violation of the AND PENSIONS Senate Rules on the floor of the Senate to Mr. JEFFORDS. Mr. President, I such appropriation bill.∑ APPROPRIATIONS COMMITTEE would like to announce for information f of the Senate and the public that a RULES—106TH CONGRESS hearing of the Senate Committee on ∑ Mr. STEVENS. Mr. President, the NOTICE OF INTENT TO SUSPEND Health, Education, Labor, and Pen- Senate Appropriations Committee has THE RULES sions will be held on Tuesday, Feb- unanimously adopted rules governing ∑ Mr. DASCHLE. In accordance with ruary 9, 1999, 9:30 a.m., in SD–430 of the its procedures for the 106th Congress. rule V, on behalf of myself and Senator Senate Dirksen Building. The subject Pursuant to Rule XXVI, paragraph 2, of FEINSTEIN, I hereby give notice in writ- of the hearing is Department of Edu- the ‘‘Standing Rules of the Senate’’, I ing that it is my intention to move to cation Elementary and Secondary Edu- send to the desk a copy of the Com- suspend the following: cation Proposals. For further informa- mittee rules for publication in the CON- Rule VII, paragraph 2 the phrase tion, please call the committee, 202/224– GRESSIONAL RECORD. ‘‘upon the calendar’’; and 5357. The rules follow: Rule VIII, paragraph 2 the phrase COMMITTEE ON HEALTH, EDUCATION, LABOR AND SENATE APPROPRIATIONS COMMITTEE ‘‘during the first two hours of a new PENSIONS RULES—106TH CONGRESS legislative day.’’ Mr. JEFFORDS. Mr. President, I I. Meetings— In order to permit a motion to pro- would like to announce for information The Committee will meet at the call of the ceed to a censure resolution, to be in- of the Senate and the public that a Chairman. troduced on the day of the motion to hearing of the Senate Committee on II. Quorums— proceed, notwithstanding the fact that Health, Education, Labor, and Pen- 1. Reporting a bill. A majority of the mem- it is not on the calendar of business.∑ bers must be present for the reporting of a sions will be held on Wednesday, Feb- bill. f ruary 10, 1999, 9:30 a.m., in SD–430 of 2. Other business. For the purpose of the Senate Dirksen Building. The sub- transacting business other than reporting a NOTICE OF INTENT TO SUSPEND ject of the hearing is Labor Depart- bill or taking testimony, one-third of the THE RULES ment Budget Initiatives. For further members of the Committee shall constitute ∑ Mrs. FEINSTEIN. In accordance with information, please call the com- a quorum. rule V, on behalf of myself and Senator 3. Taking testimony. For the purpose of mittee, 202/224–5375. DASCHLE, I hereby give notice in writ- taking testimony, other than sworn testi- COMMITTEE ON HEALTH, EDUCATION, LABOR, mony, by the Committee or any sub- ing that it is my intention to move to AND PENSIONS committee, one member of the Committee or suspend the following: Mr. JEFFORDS. Mr. President, I subcommittee shall constitute a quorum. Rule VII, paragraph 2 the phrase would like to announce for information For the purpose of taking sworn testimony ‘‘upon the calendar’’; and

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.001 S08FE9 2042 CONGRESSIONAL RECORD—SENATE February 8, 1999 Rule VIII, paragraph 2 the phrase In either case, this will raise rates for The material follows: ‘‘during the first two hours of a new consumers—the precise opposite of S. 386 legislative day.’’ what restructuring is intended to Be it enacted by the Senate and House of Rep- In order to permit a motion to pro- achieve. The consumer can only lose resentatives of the United States of America in ceed to a censure resolution, to be in- when the marketplace operates in this Congress assembled, troduced on the day of the motion to inefficient manner. SECTION 1. SHORT TITLE. proceed, notwithstanding the fact that The legislation that I am introducing This Act may be cited as the ‘‘Bond Fair- it is not on the calendar of business.∑ today would protect all consumers by ness and Protection Act of 1999’’. SEC. 2. TAX-EXEMPT BOND FINANCING OF CER- f grandfathering outstanding tax-exempt bonds, but only if the issuing munici- TAIN ELECTRIC FACILITIES. TAX TREATMENT OF TAX-EXEMPT pality or state utility elects to termi- (a) PERMITTED OPEN ACCESS TRANSACTIONS BONDS UNDER ELECTRICITY RE- nate permanently its ability to issue NOT A PRIVATE BUSINESS USE.—Section STRUCTURING 141(b)(6) of the Internal Revenue Code of 1986 tax-exempt debt to build new gener- (defining private business use) is amended by ∑ Mr. GORTON. Mr. President, last ating facilities. Such an election would adding at the end the following: Saturday, together with my colleagues not affect transmission and distribu- ‘‘(C) PERMITTED OPEN ACCESS TRANSACTIONS Senators KERRY, JEFFORDS, HOLLINGS, tions facilities, which generally would NOT A PRIVATE BUSINESS USE.— THURMOND, HARKIN, MURRAY, SMITH of still be regulated under most restruc- ‘‘(I) IN GENERAL.—For purposes of this sub- Oregon, JOHNSON, and WYDEN. I intro- turing proposals or frameworks. Pub- section, the term ‘private business use’ shall duced ‘‘The Bond Fairness and Protec- licly-owned utilities that do not make not include a permitted open access trans- this irrevocable election would con- action. tion Act of 1999.’’ This is a bi-partisan ‘‘(ii) PERMITTED OPEN ACCESS TRANSACTION compromise approach to legislation ad- tinue to operate under a clarified DEFINED.—For purposes of clause (I), the dressing the tax consequences of elec- version of existing law, thus remaining term ‘permitted open access transaction’ tricity restructuring on tax-exempt subject to the private use rules. means any of the following transactions or bonds that are issued by municipally- This legislation attempts to balance activities with respect to all electric output owned or state-owned utilities (often and be fair to the interests of all stake- facility (as defined in subsection (f)(4)(A)) referred to as ‘‘publicly-owned’’ utili- holders in electricity restructuring owned by a governmental unit: while keeping the interest of the con- ‘‘(I) Providing open access transmission ties) for the generation, transmission, services and ancillary services that meet the and distribution of electricity. sumer paramount. It strikes a compromise between publicly-owned utili- reciprocity requirements of Federal Energy As my colleagues may recall, last Regulatory Commission Order No. 888, or Congress I introduced a substantially ties and investor-owned utilities by that are ordered by the Federal Energy Reg- similar bill, S. 2182, with eleven co- providing an option for publicly-owned ulatory Commission, or that are provided in sponsors from both sides of the aisle. utilities to address the problem of how accordance with a transmission tariff of an Unfortunately, the 105th Congress did to comply with private use restriction independent system operator approved by not have an opportunity to address this in a restructured marketplace, an op- such Commission, or are consistent with state administered laws, rules or orders pro- or other proposals on electricity re- tion that involves significant trade-offs for the publicly-owned utilities that viding for open transmission access. structuring. This year we have worked ‘‘(II) Participation in an independent sys- to simplify and refine last year’s legis- seek to utilize it. For investor-owned utilities, requiring publicly-owned util- tem operator agreement (which may include lation in response to thoughtful com- transferring control of transmission facili- ments we received last year, and in an ities to forego the ability to issue tax- ties to an independent system operator), in a effort to facilitate timely consider- exempt debt for new generation facili- regional transmission group, or in a power ties should mitigate any potential or ation of the legislation in this Con- exchange agreement approved by such Com- perceived competitive advantage in the mission. gress. ‘‘(III) Delivery on an open access basis of Despite the lack of Federal legisla- new competitive world. At the same time, it honors promises made to bond- electric energy sold by other entities to end- tion in this policy area, 18 states have holders under contract and existing tax users served by such governmental unit’s already gone forward and begun to law, thereby avoiding the inequitable distribution facilities. allow retail market choice for elec- ‘‘(IV) If open access service is provided consequence of applying old rules to tricity consumers at the state and under subclause (I) or (III), the sale of elec- the newly-emerging competitive world local level. The era of retail competi- tric output of electric output facilities on of electricity. tion has already started both for pub- terms other than those available to the gen- In addition, for those concerned eral public if such sale is to an on-system licly-owned and investor-owned utili- about the environment, it provides in- purchaser or is an existing off-system sale. ties operating in these states. centives to deliver electricity effi- ‘‘(V) Such other transactions or activities Until recently, publicly-owned utili- ciently through open access and retail as may be provided in regulations prescribed ties have been able to operate under a competition. Most importantly, for by the Secretary. strict regime of Federal tax rules gov- ‘‘(iii) DEFINITIONS; SPECIAL RULES.—For consumers the legislation allows com- purposes of this subparagraph— erning their ability to issue tax-exempt petition to thrive while providing addi- bonds. These rules were enacted in an ‘‘(I) ON-SYSTEM PURCHASER.—The term ‘on- tional local options. system purchaser’ means a person who pur- era when decision makers did not con- Mr. President, we plan to work with chases electric energy from a governmental template retail or wholesale electricity all interested parties, and most impor- unit and whose electric facilities or equip- competition. These so-called ‘‘private tantly American consumers, to ensure ment are directly connected with trans- use’’ rules limit the amount of elec- that we develop the fairest and most mission or distribution facilities that are tricity that publicly-owned utilities reasonable solution to this complex owned by such governmental unit. may sell to private entities through fa- problem. We want electricity restruc- ‘‘(II) OFF-SYSTEM PURCHASER.—The term ‘off-system purchaser’ means a purchaser of cilities that are financed with tax-ex- turing to be a good deal for everyone empt bonds. For years, the private use electric energy from a governmental unit involved, especially the American con- other than an on-system purchaser. rules were cumbersome but manage- sumer who deserves the lower electric ‘‘(III) EXISTING OFF-SYSTEM SALE.—The able. As states move to restructure the bills that a competitive marketplace term ‘existing off-system sale’ means a sale electricity industry however, the pri- should provide. I believe this legisla- of electric energy to a person that was an vate use rules were threatening many tion addresses all of these concerns and off-system purchaser of electric energy in public power communities with signifi- promotes fair competition in the elec- the base year, but not in excess of the kilo- cant financial penalties as they adjust tricity industry. I urge my colleagues watt hours purchased by such person in such to the changing marketplace. In effect, to join me in co-sponsoring this legis- year. ‘‘(IV) BASE YEAR.—The term ‘base year’ the rules are forcing publicly-owned lation. means 1998 (or, at the election of such unit, utilities to face the prospects of vio- Mr. President, I ask that the text of in 1996 or 1997). lating the private use rules, or walling the bill, and an explanatory memo- ‘‘(V) JOINT ACTION AGENCIES.—A member of off their customers from competition. randum be printed in the RECORD. a joint action agency that is entitled to

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make a sale described in clause (ii)(IV) in a (c) EFFECTIVE DATE, APPLICABILITY, AND ulatory Commission (FERC) Order No. 888 or year may transfer that entitlement to the TRANSITION RULES.— with State open transmission access rules. joint action agency in accordance with rules (1) EFFECTIVE DATE.—The amendments (b) Joining a FERC approved ISO, regional of the Secretary.’’ made by this section take effect on the date transmission group (RTG), power exchange, ‘‘(VI) GOVERNMENT-OWNED FACILITY.—An of enactment of this Act, except that a gov- or providing service in accordance with an electric output facility (as defined in sub- ernmental unit may elect to apply section ISO, RTG, or power exchange tariff. section (f)(4)(A)) shall be treated as owned by 141(b)(6)(C) of the Internal Revenue Code of (c) Providing open access distribution serv- a governmental unit if it is owned or leased 1986, as added by subsection (a), with respect ices to competing retail sellers of electricity. by such governmental unit or if such govern- to permitted open access transactions on or (d) If open access transmission or distribu- mental unit has capacity rights therein ac- after July 9, 1996. tion services are offered, contracting for sale quired before July 9, 1996, for the purposes of (2) APPLICABILITY.—References in the Act or power at non-tariff rates with on-system serving one or more customers to which such to sections of the Internal Revenue Code of purchasers or existing off-system purchasers. Treasury by regulation could add to the governmental unit had a service obligation 1986, as amended, shall be deemed to include on such date under state law or a require- list of permitted open access transactions. references to comparable sections of the In- 2. Election to Terminate Issuing Future ments contract. ternal Revenue Code of 1954, as amended. Tax-Exempt Debt.—Subsection (b) of section (b) ELECTION TO TERMINATE TAX EXEMPT (3) TRANSITION RULES.— 2 amends section 141 of the Code to permit a FINANCING.—Section 141 of the Internal Rev- (A) PRIVATE BUSINESS USE.—Any activity public power system to elect to terminate enue Code of 1986 (relating to private activ- that was not a private business use prior to issuing new tax-exempt bonds. ity bond; qualified bond) is amended by add- the effective date of the amendment made by (a) Termination Election—Under new Code ing at the end the following: subsection (a) shall not be deemed to be a section 141(f)(1), if a public power system ‘‘(f) ELECTION TO TERMINATE TAX-EXEMPT private business use by reason of the enact- elects to terminate issuance of new tax-ex- BOND FINANCING FOR CERTAIN ELECTRIC OUT- ment of such amendment. empt bonds, it may then undertake trans- PUT FACILITIES.— (B) ELECTION.—An issuer making the elec- actions that are not otherwise permissible ‘‘(1) IN GENERAL.—An issuer may make an tion under section 141(f) of the Internal Rev- under the private business use rules (as irrevocable election under this paragraph to enue Code of 1986, as added by subsection (b), amended above) without endangering the terminate certain tax-exempt financing for shall not be liable under any contract in ef- tax-exempt status of its existing bonds. Spe- electric output facilities. If the issuer makes fect on the date of enactment of this Act for cifically, if the issuer makes an irrevocable such election, then— any claim arising from having made the termination election under this provision, ‘‘(A) except as provided in paragraph (2), no election. bond the interest on which is exempt from then (subject to the exceptions discussed below) no tax-exempt bond may be issued on tax under section 103 may be issued on or EXPLANATION OF S. 386 after the date of such election with respect or after the date of such election with re- BACKGROUND to an electric output facility; and spect to an electric output facility, and no ‘‘(B) notwithstanding paragraph (1) or (2) Interest on bonds issued by state and local tax-exempt bond that was issued before the of subsection (a) or paragraph (5) of sub- governments is generally exempt from Fed- date of enactment will be treated as a pri- section (b), with respect to an electric out- eral income taxes. One exception to this gen- vate activity bond. This treatment continues put facility no bond that was issued before eral rule relates to bonds that finance output for so long as such facility continues to be the date of enactment of this subsection, the facilities used in a private business. In the owned by a governmental unit. interest on which was exempt from tax on case of such facilities, if the contractual ar- Essentially, making this termination elec- such date, shall be treated as a private activ- rangements for sale of the output transfer tion will eliminate the possibility of a pri- ity bond, for so long as such facility con- the benefits and burdens of ownership of the vate business use challenge to existing tax- tinues to be owned by a governmental unit. facility to private parties, the use is treated exempt debt. If a utility does not make the ‘‘(2) EXCEPTIONS.—An election under para- as a private business use and the bonds election, its existing tax-exempt debt for graph (1) does not apply to— issued to finance the facility may not be tax- electric generation facilities would continue ‘‘(A) any qualified bond (as defined in sub- exempt. If at the time of issuance the issuer to be subject to applicable private business section (e)). reasonably expected that the private busi- use rules and the marketing constraints ‘‘(B) any eligible refunding bond, or ness use rules would be violated or the issuer thereunder. ‘‘(C) any bond issued to finance a quali- thereafter on the bonds is retroactively tax- (B) Exceptions to Termination.—Under fying T&D facility, or able to date of issuance. section 141(f)(2) even if a public power sys- ‘‘(D) any bond issued to finance equipment There has been significant uncertainty as tem made the suspension or termination necessary to meet Federal or state environ- to how these private business use rules apply election, it could continue to issue tax-ex- mental requirements applicable to, or repair to public power systems in the emerging empt bonds for the following purposes: for of, electric output facilities in service on the competitive wholesale and retail electricity transmission and distribution facilities used date of enactment of this subsection. Repairs markets. In particular, questions have been to provide open access transmission and dis- or equipment may not increase by more than raised as to whether such systems may (1) tribution services; for ‘‘qualified bonds’’ as a de minimus degree the capacity of the fa- provide open access transmission services, defined in section 141(e) of the Code (which cility beyond its original design. (2) contractually commit their transmission are not currently subject to private business ‘‘(3) FORM AND EFFECT OF ELECTIONS.—An systems to an Independent System Operator use restrictions); for eligible refunding bonds election under paragraph (1) shall be made in (ISO), (3) open their distribution facilities to (bonds that refinance existing bonds but do such a manner as the Secretary prescribes retail competition, or (4) lower prices to par- not extend their average maturity); and for and shall be binding on any successor in in- ticular customers to meet competition. bonds issued to finance repairs of, or envi- terest to the electing issuer. ronmentally-related equipment for, elec- PROPOSED AMENDMENTS ‘‘(4) DEFINITIONS.—for purposes of this sub- trical output facilities, so long as the capac- section. This legislation would amend the Internal ity of the facility is not increased over a de ‘‘(A) ELECTRIC OUTPUT FACILITY.—The term Revenue Code of 1986 to make two modifica- minimis amount. ‘electric output facility’ means an output fa- tions to the private business use rules as 3. Effective Dates.—Subsection (c) makes cility that is an electric generation, trans- they apply to electric facilities: (1) to clarify the provisions of the bill effective on date of mission, or distribution facility. the application of the existing private busi- enactment, but an issuer may elect to make ‘‘(B) ELIGIBLE REFUNDING BOND.—The term ness use rules in the new competitive envi- the private business use rules as clarified by ‘eligible refunding bond’ means state or local ronment, and (2) to make the private busi- the bill applicable retroactively to 1996 bonds issued after an election described in ness use rules inapplicable to existing tax- (when FERC issued its Order No. 888). Para- paragraph (1) that directly or indirectly re- exempt debt issued by any public power sys- graph (2) of subsection (c) makes it clear fund state or local bonds issued before such tem that elects not to issue new tax-exempt that the provisions of the bill apply to bonds election, if the weighted average maturity of debt for electric generation and certain issued under the Internal Revenue Code of the refunding bonds do not exceed the re- other facilities. 1954 as well as the Internal Revenue Code of maining weighted average maturity of the 1. Clarification of Existing Private Busi- 1986. This subsection also makes clear that bonds issued before the election. ness Use Rules.—Subsection (a) of section 2 any activity that was not a private business ‘‘(C) QUALIFYING T&D FACILITY.—The term of the bill amends section 141(b)(6) of the use prior to the enactment of the bill will ‘qualifying T&D facility’ means— Code to make it clear that the following ac- not be deemed to be a private business use by ‘‘(I) transmission facilities over which tivities (referred to as ‘‘permitted open ac- reason of the bill’s enactment. In addition, services described in subsection cess transactions’’) do not result in a private an issuer making the election under the bill (b)(6)(C)(ii)(I) are provided, or business use and will not make otherwise will not be liable under any contract in ef- ‘‘(ii) distribution facilities over which serv- tax-exempt bonds taxable: fect on the date of enactment of the bill for ices described in subsection (b)(6)(C)(ii)(III) (a) Providing open access transmission any contract claim arising from having are provided.’’ service consistent with Federal Energy Reg- made the election.∑

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.001 S08FE9 2044 CONGRESSIONAL RECORD—SENATE February 8, 1999 MEASURE PLACED ON THE sire to maintain a high degree of con- family—especially Queen Noor and CALENDAR—H.R. 99 tinuity for Jordan, for Middle east each of his children—and to all the peo- Mr. LOTT. Mr. President, there is a peace, for the region, and for U.S.-Jor- ple of his beloved Jordan. bill at the desk due for its second read- danian relations. This includes a We also pledge to work closely with ing. strong commitment to the Jordan- King Abdullah and the Jordanian peo- The PRESIDING OFFICER. The Israel peace treaty. ple to protect King Hussein’s legacy. clerk will read. I strongly urge my colleagues to sup- We must continue our efforts to pro- The bill clerk read as follows: port this bipartisan resolution, as it mote peace in the Middle East, includ- represents a modest but important sig- ing implementing the Wye River Peace A bill (H.R. 99) to amend title 49, United nal of the degree to which we honor the States Code, to extend Federal Aviation Ad- Accord, which would not have been ministration programs through September courageous life and lasting legacy of possible without his courage. 30, 1999, and for other purposes. King Hussein. I thank my colleague Finally, I hope we will work expedi- Mr. LOTT. Mr. President, I object to from South Dakota for joining me in tiously to approve the aid to Jordan further proceedings on this matter at offering this resolution and I yield the that was agreed to at Wye as a tangible this time. floor. demonstration of our support for King Mr. DASCHLE. Mr. President, I am The PRESIDING OFFICER. Objec- Abdullah and our ongoing commitment proud to cosponsor this resolution hon- tion is heard. It will be placed on the to peace in the Middle East. oring one of the towering figures of our calendar. Our friend is gone, but his spirit lives time. on in the fragile Middle East peace. Let f Peace-loving people throughout the us nurture it and help it grow, in his world feel a deep sadness over the HONORING THE LIFE AND LEGEND name and in his memory. death of Jordan’s King Hussein. By the OF KING HUSSEIN OF JORDAN Mr. HELMS. Mr. President, among sheer force of his personal and political the steady stream of foreign heads of Mr. LOTT. I now ask unanimous con- courage, he changed the world for the state visiting the Senate’s Foreign Re- sent that the Senate proceed to the better. lations Committee, King Hussein was consideration of S. Con. Res. 7, which None of us will ever forget how he always given a special welcome. He was is at the desk. rose from his sickbed at the Mayo Clin- instinctively a friend possessing a The PRESIDING OFFICER. The ic last fall and came to the Wye River unique combination of grace and good clerk will state the concurrent resolu- peace talks when those talks seemed in humor. I therefore view his death as a tion by title. danger of collapse. Those who were personal loss. The assistant legislative clerk read there say he restored to those talks a I recall one occasion when members as follows: sense that peace was not only possible, of our committee were gathered around A concurrent resolution (S. Con. Res. 7) but worth making great sacrifices for, the large oval table enjoying the King’s honoring the life and legacy of King Hussein and taking extraordinary risks for. jovial good humor. Queen Noor was ibn Talal al-Hashem. His was a clear voice for moderation, present on that occasion. As His Maj- The PRESIDING OFFICER. Is there tolerance and accommodation as he esty traded comments with the sen- objection to the immediate consider- urged the two sides to work for peace. ators around him, it occurred to me ation of the concurrent resolution? His admonition that there had been that Queen Noor had perhaps not been There being no objection, the Senate ‘‘enough destruction, enough death, properly welcomed. So I asked the King proceeded to consider the concurrent enough waste’’ helped bridge the gap if he could identify the most signifi- resolution. and forge an agreement. cant 20th century export to his coun- Mr. LOTT. Mr. President, I rise to King Hussein himself took a risk for try. He obviously pondered the ques- offer, together with the distinguished peace in 1994, when he forged the his- tion with uncertainty, so we identified Minority Leader Senator DASCHLE, a toric peace agreement between Jordan the ‘‘export’’—Queen Noor. resolution recognizing the significant and Israel. He laughed heartily and replied: ‘‘I’m and lasting contributions to peace and Another image we will perhaps al- not about to disagree with that!’’ security by His Majesty King Hussein ways remember is the picture of King This great man, great leader, and of Jordan, who passed away just hours Hussein kneeling not long ago at the faithful friend of the United States pre- ago. feet of an Israeli father whose child had sided over his country at a time I was deeply saddened by the news of been killed by Jordanian border fraught with peril, beset with almost the death of King Hussein—a true pa- guards, and apologizing to the man for constant threats both internal and ex- triot and long-time friend of the United his loss. He was a noble man and, at ternal. Yet throughout his long reign States. His bold leadership and per- the same time, a humble man. he met the challenges of leadership He was also a man of great vision and sonal courage serve as a model to all of with grace and courage. Without King skill. When he became the King, the us. I know I speak for my colleagues Hussein, there would not today be even Hashemite kingdom enjoyed little of when I say, our thoughts and prayers the limited peace the Middle East now are with his family and with the people what it has now. In just a generation and a half, he enjoys. of Jordan during this difficult time. He will be sorely missed, certainly by created in Jordan a system of schools It is worth noting that the long- me. I wish godspeed to his son and suc- and roads and all the other infrastruc- standing ties between our two govern- cessor, Abdullah bin Hussein. ture of a modern state. ments are built upon a solid bedrock of King Hussein was a true friend of the Mr. BIDEN. Mr. President, I am respect and shared values. Even as we United States. And, like all friends, we pleased to support the resolution of- consider the profound contribution did not always see eye-to-eye on every fered by the Majority and Minority King Hussein made to peace and secu- matter. Leaders in honor of the life and legacy rity in the Middle East, it is vitally im- In the end, however, it is not our dif- of King Hussein. portant for both our nations to take ferences with him that we remember. With King Hussein’s death, the concrete steps to strengthen those re- It is how he inspired people to come to- United States has lost a close, steady lations, for the benefit of all our peo- gether despite their differences. friend in a troubled part of the world. ples. That is just as King Hussein A man small in physical stature, he My deepest condolences go out to the would have wanted it. walked among us like a giant. King’s family and the Jordanian peo- In this regard, I am pleased to note The world is diminished by his pass- ple. My best wishes go to King Hus- that the resolution before us expresses ing. sein’s designated heir, King Abdullah. support and best wishes for the new We will miss him greatly. In all of my encounters with King government in Jordan under King Today, as King Hussein is buried, we Hussein I was impressed above all else Abdullah. The King has signaled his de- offer our prayers and sympathy to his by his optimism and determination in

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.001 S08FE9 February 8, 1999 CONGRESSIONAL RECORD—SENATE 2045 the cause of peace. He never gave up, I also recall with deep admiration people. As is true for most people, and in his memory, we must now press being in the company of the King as he when I was younger it took me some forward on the road to peace. looked out at the Old City from the time to realize that the actions of one I was also touched by his humanity King David Hotel at the time of that person or a group of people are not al- and personal warmth. He was always funeral. It was perhaps the first time in ways an accurate representation of the gentle and polite, never aloof or impe- many decades he had visited that true feelings of a country or a political rious. place, and it was a moving moment. leader. The ethnic and religious vio- Though his life ended too soon, his King Hussein understood well that lence that has occurred in the Middle legacy will survive. His rare gift of vi- the religious and cultural roots of the East, and indeed around the world, is sion helped guide Jordan through many Jewish and Muslim people are forever largely carried out by fringe groups dark periods. The heroic steps he took intertwined in the fertile and historic who believe that violence is the only to help promote peace and reconcili- soil of the Middle East. His country way to send a message, protest an ac- ation between Arabs and Israelis will was created along the Jordan River, tion, or achieve a political goal. continue to bear fruit. after which it is named, following the Even though it was a violent act that His efforts to establish the founda- First World War. Its original borders propelled him into power at such a tions of democratic government in Jor- on the east bank of the river, created young age, King Hussein chose to re- dan remain a worthy example for the by colonial rulers, have been altered by ject violence and embrace peace. As a region, where democracy is in short annexation, war, and peace agreement. result of his moderate views, in 1974 an supply. Two years after Jordan gained its inde- Arab summit declared that he was no Finally, the partnership between Jor- pendence from Great Britain, the fledg- longer the spokesman for the Pales- dan and the United States, cultivated ling State of Israel emerged on the tinian people, and proclaimed that the so carefully by King Hussein over 46 other side of the Jordan River, and Palestinian Liberation Organization, years and nine American Administra- many of the Palestinians living in the and its leader, Yasser Arafat, would as- tions will continue well into the fu- new state migrated to Jordan. sume that role. When the PLO began ture. King Hussein’s grandfather, King its ‘‘intifada’’ against Israel in 1988, President Clinton has asked us to Abdullah, was the first ruler of an inde- King Hussein formally cut Jordan’s demonstrate our support for Jordan in pendent Jordan. His decision to annex ties to the West Bank, but retained a a very tangible way—by promptly ap- the Palestinian-held West Bank in 1950, supervisory role over Muslim holy proving his request for supplemental when his grandson was 15 years old, ini- places in East Jerusalem and the West assistance to Jordan. I hope that we tiated a series of events that would Bank. can act on that request quickly to profoundly affect the balance of power In 1994, Jordan became only the sec- show the Jordanian people that we in the Middle East and the life of the ond Arab country to sign a peace honor the memory and great achieve- young prince. agreement with Israel. The two coun- ments of their late King, and that our In 1951, King Abdullah was assas- tries established diplomatic relations, friendship with their country is endur- sinated by a Palestinian nationalist Israel returned some territory to Jor- ing. angered by the annexation of the West dan, and the countries have begun to Mr. FEINGOLD. Mr. President, I am Bank. The then-Prince Hussein was work together on common issues such deeply saddened by the death of King standing just a few steps away as his as shared infrastructure and access to Hussein this past weekend. I have had grandfather fell. Illness prevented King potable water. Unfortunately, these the honor of meeting King Hussein sev- Abdullah’s son, Talal, from ruling, and courageous moves have sometimes eral times, and have always been im- he abdicated in favor of his own son, been met with violent acts, particu- pressed by his dignity and grace. He Prince Hussein, who formally assumed larly from those who felt that peace be- was a true statesman. the throne in May 1953, at the age of 17. tween Israel and Jordan was pre- Mr. President, through almost half a King Hussein would go on to rule Jor- mature. The 1997 murder of seven century of war and hope, tragedy and dan for nearly half a century, and was Israeli school girls by a Jordanian sol- peace, King Hussein shepherded his the longest serving ruler in the Middle dier was a sobering reminder that not country through its transition to a sta- East at the time of his death. all Jordanians shared their King’s sup- ble modern nation and a close U.S. King Hussein was the only ruler that port for peace. But, in a testament to ally. More than the words he has spo- most Jordanians have known. On a his commitment to peace, King Hus- ken, it is the actions he has taken that more personal note, he was the King of sein not only condemned this cowardly have earned him the respect of Israelis, his country for just about as long as I action, but he also made the effort to and the trust of the Arab world. have been alive. I was about two travel to Israel to visit with the fami- Throughout it all, King Hussein never months old when he formally became lies of the young victims. lost sight of our common goal of a just King. Over the course of my life and his One of the King’s biggest strengths and comprehensive Middle East peace, rule, my views about him and his coun- was his ability to lead quietly by exam- nor of what that peace would mean. He try have changed dramatically. ple. His decision to visit the families of understood, even when no one else did, I remember the deep animosity that the children murdered by one of his that true peace ‘‘resides ultimately not existed between Jews and Jordanians army’s soldiers is but one instance of in the hands of governments, but in the when I was growing up in the 1960s, cul- this. hands of people.’’ minating in the Six Day War in 1967 Even as the King was undergoing On a personal note, I remember being during which Jordan lost control of the treatment for cancer at the Mayo Clin- moved by the words he shared during West Bank and East Jerusalem. While I ic, the welfare of his people and the the funeral of another great leader, was horrified by the religiously-moti- status of the Middle East peace process Yitzhak Rabin. There, on the hill above vated attacks perpetrated by many was not far from his mind. He dis- the troubled city of Jerusalem, a city Jordanians during this time, I under- played a quiet courage and admirable where as a young boy the King had wit- stand and appreciate the religious ties strength by leaving the hospital and nessed the assassination of his own the Arab people feel toward Jerusalem. traveling to the Wye River peace nego- grandfather, and in sight of the grave Two of the holiest sites in Islam, the tiations last fall in order to encourage of Theodore Herzl, the founder of Zion- Dome of the Rock and the Al Aqsa a settlement between the Israelis and ism, King Hussein bore witness to his Mosque, where King Hussein’s grand- the Palestinians. Even as his health never-ending commitment to peace father was assassinated, are located was deteriorating, King Hussein’s com- ‘‘for all times to come,’’ and pledged to there. mitment to peace never waned. Selfless do his ‘‘utmost to ensure that we leave Throughout these last few decades, I acts such as that earned him the re- a similar legacy.’’ And he mourned the have developed an immense respect for spect of people around the world and loss of Rabin as a brother and a friend. King Hussein and for the Jordanian made him one of the linchpins of the

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR99\S08FE9.001 S08FE9 2046 CONGRESSIONAL RECORD—SENATE February 8, 1999 negotiations for peace in the Middle The preamble was agreed to. to all the people of Jordan in this difficult East. The concurrent resolution (S. Con. time; Mr. President, this week’s Torah por- Res. 7), with its preamble, reads as fol- (2) expresses admiration for King Hussein’s tion speaks of the Revelation at Sinai. lows: enlightened leadership and gratitude for his support for peace throughout the Middle Moses had been commanded by God to S. CON. RES. 7 East; prepare the people for God’s descent Whereas King Hussein ibn Talal al-Hashem (3) expresses its support and best wishes for and visit, and in the wake of dark was born in Amman on November 14, 1935; the new government of Jordan under King Whereas he was proclaimed king of Jordan clouds, thunder and lightning, the Abdullah; in August of 1952 at the age of 17 following sounds of the Shofar, and the trem- (4) reaffirms the United States commit- the assassination of his grandfather, King bling of the earth, God spoke to the ment to strengthening the vital relationship Abdullah and the abdication of his father, Israelites and made his commandments between our two governments and peoples; Talal; known. It is a powerful passage that Whereas King Hussein became the longest SEC. 2. The Secretary of the Senate is di- speaks to the hearts of all of us who be- serving head of state in the Middle East, rected to transmit an enrolled copy of this lieve in God. working with every U.S. President since resolution to the family of the deceased. Despite a history fraught with pain, Dwight D. Eisenhower; violence and death, King Hussein un- Whereas under King Hussein, Jordan has f derstood the universal meaning of the instituted wide-ranging democratic reforms; commandments, which instruct us not Whereas throughout his life, King Hussein survived multiple assassination attempts, ADJOURNMENT UNTIL 1 P.M. to covet the land and property of our plots to overthrow his government and at- TOMORROW neighbors, and, above all, not to kill. tacks on Jordan, invariably meeting such at- Mr. LOTT. Mr. President, I now ask Throughout his life, King Hussein tacks with fierce courage and devotion to his unanimous consent the Senate stand in maintained a vision of a Middle East Kingdom and its people; adjournment under the previous order free from pain, violence and death, and Whereas despite decades of conflict with until 1 p.m. tomorrow. he hoped he would see that day during the State of Israel, King Hussein invariably his lifetime. maintained a dialogue with the Jewish state, There being no objection, the Senate, Alas, although significant progress and ultimately signed a full-fledged peace at 6:37 p.m., adjourned to reconvene as has been made, including the warming treaty with Israel on October 26, 1994; a Court of Impeachment on Tuesday, Whereas King Hussein has established a February 9, 1999, at 1 p.m. of relations between Jordan and Israel, model for Arab-Israeli coexistence in Jor- true peace in the Middle East still es- dan’s ties with the State of Israel, including capes us. But there is no doubt in my deepening political and cultural relations, f mind that among the many legacies of growing trade and economic ties and other King Hussein is a true commitment to major accomplishments; NOMINATIONS a just and lasting peace in the Middle Whereas, King Hussein contributed to the cause of peace in the Middle East with tire- Executive nominations received by East. the Secretary of the Senate February In his honor and in his memory, let less energy, rising from his sick bed at the last to assist in the Wye Plantation talks be- 8, 1999, under authority of the order of us join him in committing ourselves to tween the State of Israel and the Palestinian the Senate of January 6, 1999: the same goal. Authority; MORRIS K. UDALL SCHOLARSHIP AND EXCEL- Mr. LOTT. I ask unanimous consent Whereas King Hussein fought cancer with LENCE IN NATIONAL ENVIRONMENTAL POLICY the concurrent resolution be agreed to, the same courage he displayed in tirelessly FOUNDATION the preamble be agreed to, the motion promoting and making invaluable contribu- to reconsider be laid upon the table, tions to peace in the Middle East; ANNE JEANNETTE UDALL, OF NORTH CAROLINA, TO BE Whereas on February 7, 1999, King Hussein A MEMBER OF THE BOARD OF TRUSTEES OF THE MORRIS and any statements relating to the res- K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL succumbed to cancer in Amman, Jordan: olution appear in the RECORD. ENVIRONMENTAL POLICY FOUNDATION FOR A TERM EX- Now, therefore, be it PIRING OCTOBER 6, 2004. (REAPPOINTMENT) The PRESIDING OFFICER. Without Resolved by the Senate, (The House of Rep- NATIONAL SCIENCE FOUNDATION objection, it is so ordered. resentatives concurring), That the Congress— JOSEPH BORDOGNA, OF PENNSYLVANIA, TO BE DEPUTY The concurrent resolution was agreed (1) extends its deepest sympathy and con- DIRECTOR OF THE NATIONAL SCIENCE FOUNDATION, to. dolences to the family of King Hussein and VICE ANNE C. PETERSEN, RESIGNED.

VerDate Aug 04 2004 10:53 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00050 Fmt 0686 Sfmt 9801 E:\BR99\S08FE9.001 S08FE9 February 8, 1999 EXTENSIONS OF REMARKS 2047 EXTENSIONS OF REMARKS

INTRODUCTION OF THE COMMU- the liquidity of community development fi- to make more difficult small business loans. NITY DEVELOPMENT FINANCIAL nancial institutions, and through incentives The Fund, under the SBCE Program, could INSTITUTIONS FUND AMEND- to insured depository institutions that in- reimburse participating states for a portion MENTS ACT OF 1999 crease lending and other assistance and in- of funds contributed to these loan loss re- vestment in both economically distressed serve accounts. communities and CDFIs. This section allows CDIFs to participate in HON. BRUCE F. VENTO This section also changes the Act to reflect the SBCE Program. It removes the requirement that the SBCE Program receive a OF MINNESOTA the intent of appropriations provisions that made the CDFI Fund a wholly-owned govern- threshold appropriation before beginning op- IN THE HOUSE OF REPRESENTATIVES ment corporation within the Treasury De- erations. And, this section will allow the Monday, February 8, 1999 partment. Technical amendments to the Act CDIF fund (if the SBCE Program is operating) to reimburse participating states ac- Mr. VENTO. Mr. Speaker, today I am intro- eliminate the concept of a Presidentially appointed Administrator of the Fund, and, as cording to criteria established by the CDFI ducing legislation to reauthorize the programs with other Treasury programs, vest all the Fund in an amount up to 50% of the amount at the Community Development Financial Insti- duties and responsibilities of the CDFI Fund of contributions by the states, until funds tutions Fund. A section-by-section analysis of in the Secretary of the Treasury (subject to made available for this purpose are ex- the bill follows this statement. existing statutory delegation authority). pended. This permits the Fund to target re- The activities at the CDFI Fund—the CDFI The Secretary may appoint all officers and imbursements to states that have not yet es- and the Bank Enterprise Act (BEA) pro- employees of the CDFI Fund, including a Di- tablished these programs or that have insufficient funds for effective programs. grams—have received high praise over the rector. This section makes technical changes to SECTION 6. ADDITIONAL SAFEGUARDS years as well as intense scrutiny. This legisla- clarify that the Inspector General of the This section adds the requirement that the tion, basically a product of our Subcommittee’s Treasury Department is the Inspector Gen- Fund use a scoring system as one of the tools work from last year, with input from the Over- eral of the CDFI Fund. to evaluate the merits of applications. It sight Subcommittee of the Banking Com- This section also gives the Secretary the also requires the use of a multi-person re- mittee, draws upon both praise and scrutiny to authority to prescribe the necessary regula- view panel consisting of at least three per- further the program for the future. The Fund tions and procedures. sons, to apply the scoring system in order to has made numerous Administrative improve- SECTION 3. AMENDMENTS TO PROGRAMS ADMIN- reduce discretion and provide a mix of per- ments already. With the measures included in ISTERED BY THE FUND AND THE BANK ENTER- spectives in the application review process. 1 this proposed legislation, many of those would PRISE ACT OF 1991 At least ⁄3 of the members of the panel shall not be officers or employees of any govern- be solidified so that problems do not occur in This section makes minor changes to the CDFI Awards Program administered by the ment. the future and so that everyone can focus on CDFI Fund. The amendments provide that, This section adds reporting requirements the positive impacts the CDFI programs have for the training and technical assistance pro- by the Fund to the Congress in their annual had in our communities. grams already authorized by the Act, the report. The CDFI Fund must include in their As a strong supporter of local efforts of Fund may enter into cooperative agreements annual report its use of outside consultants, community development financial groups and in addition to the other methods described. including the services provided by the con- financial institutions that focus on undeserved This section amends the Bank Enterprise sultants and the fees paid for those services. Act (BEA) Awards Program for insured de- The report must detail the Fund’s compli- communities, I know that the CDFI programs ance with the Federal Manager’s Financial and related programs that promote microenter- pository institutions. The subsection provides technical amendments and clarifies Integrity Act (FMFIA). The FMFIA requires prise activities and housing activities are crit- that the Fund may provide assessment cred- Federal programs to have controls in place ical to rebuilding and strengthening neighbor- its to insured depository institutions for in- to ensure that assets are safeguarded from hoods and their residents. The CDFI inter- creases in loans and other assistance pro- waste, fraud, and abuse. The CDFI fund must mediaries and institutions that received BEA vided to CDFIs. The provisions clarify the also report any material internal control funds can be the foundation and the building manner in which the Fund may take account weaknesses identified in its most recent ex- blocks of economic opportunity and employ- of forms of assistance provided by insured ternal audit along with corrective actions depository institutions. In addition, the pro- that will be taken to address such weak- ment. They can serve as instigators of change nesses. This section requires that the Fund and partners in business, housing and com- visions permit the Fund to use alternative eligibility requirements to determine the report on the implementation of the objec- munity initiatives. definition of a ‘‘qualified distressed commu- tive scoring system in its first annual report Mr. Speaker, I am pleased to introduce this nity.’’ Current criteria are difficult to inter- following enactment of this legislation. reauthorization legislation with the Gentle- pret and may exclude some insured deposi- This section requires the GAO to submit to woman from New Jersey, Mrs. ROUKEMA, with tory institutions, particularly those serving Congress, within 18-months of enactment, a whom I worked to draft this bill over the rural areas, from participation in the BEA study evaluating the structure, governance Program. and performance of the CDFI Fund. course of last year. I hope that we will be able This section also requires the CDFI Fund to move this bill early in this session so that SECTION 4. EXTENSION OF AUTHORIZATION to notify Congress in advance of hiring a we can ultimately enact these improvements This section authorizes appropriations for contractor under the SBA’s Section 8(a) con- into law this year. fiscal years 2000, 2001, 2002, and 2003 for $95 tracting program. million, $100 million, $105 million and $110 COMMUNITY DEVELOPMENT FINANCIAL million, respectively. f INSTITUTIONS FUND AMENDMENTS ACT OF 1999 SECTION 5. AMENDMENTS TO SMALL BUSINESS BANKRUPTCY AMENDMENTS OF SECTION 1. SHORT TITLE; TABLE OF CONTENTS CAPITAL ENHANCEMENT PROGRAM 1999 SECTION 2. CHANGE OF STATUS OF THE FUND; This section removes statutory barriers MISCELLANEOUS TECHNICAL CORRECTIONS that currently block the CDFI Fund from ad- This section changes the purpose section of ministering the SBCE Program. The SBCE HON. JOE KNOLLENBERG the Community Development Banking and program would encourage states to imple- OF MICHIGAN Financial Institutions Act of 1994 (the Act) ment small business ‘‘capital access pro- IN THE HOUSE OF REPRESENTATIVES to add language that clarifies that the pur- grams’’ with the participation of certain de- Monday, February 8, 1999 pose of the Act is to promote economic revi- pository institutions. These ‘‘capital access talization and community development not programs’’ expand access to small business Mr. KNOLLENBERG. Mr. Speaker, I rise only through investment in and assistance loans by creating a loan loss reserve, funded today to introduce a bill to address an injustice to community development financial institu- by the depository institution, the borrower, that exists within Title 11 of the United States tions (CDFIs) but also through enhancing and the state. This reserve fund allows banks Code regarding single asset bankruptcies.

● 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.

VerDate Aug 04 2004 10:55 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR99\E08FE9.000 E08FE9 2048 EXTENSIONS OF REMARKS February 8, 1999 The injustice within Title 11 stems from an ervation of the natural endowments of Big Sur, prone history. In situations such as this, how- 11th hour decision made during the 103rd a place she called ‘‘the most beautiful spot on ever, the emotional needs of disaster victims Congress, which placed an arbitrary $4 million the globe.’’ and stress levels of workers tasked to restore ceiling on the single asset provisions of the Margaret began her crusade for environ- normalcy are often overlooked as other neces- bankruptcy reform bill. The effect has been to mental protection over fifty years ago when sities such as restoration of services, recon- render investors helpless in foreclosures on she watched with binoculars as a rifleman struction of homes and businesses, and pro- single assets valued over $4 million. killed a Stellar sea lion. She learned that hunt- curement of basic supplies receive much of To rectify this problem, my bill eliminates ers could earn a bounty for killing mountain the attention. the $4 million ceiling, thereby allowing credi- lions and that sea otters were valued only for tors the ability to recover their losses. Under their pelts. Margaret co-founded the Friends of It is for this reason that the ‘‘Paka Outreach the current law, Chapter 11 of the Bankruptcy the Sea Otter in 1969 and the California Program’’ was implemented. A Crisis Coun- Code becomes a legal shield for the debtor. Mountain Lion Preservation Foundation in seling Program established to bring attention Upon the investor’s filing to foreclose, the 1987. Through determination, resourcefulness, and support for the emotional aspects of dis- debtor preemptively files for Chapter 11 pro- and unstinting effort, Margaret brought us aster recovery, the outreach program was au- tection which postpones foreclosure indefi- around to the undeniable conclusion that there thorized through a Memorandum of Under- nitely. is more to gain from saving wildlife than from standing between the Child and Adolescent While in Chapter 11, the debtor continues to destroying it. The Big Sur coastline would be Services Division of the Department of Mental collect the rents on the commercial asset. a very different place were it not for Health and Substance Abuse and the College However, the commercial property is typically Margaret’s guardianship. She successfully op- of Agriculture and Life Sciences, Guam Coop- left to deteriorate and the property taxes go posed the proposal to straighten the Pacific erative Extension Program of the University of unpaid. When the investor finally recovers the Coast Highway and widen it to a four freeway. Guam. Deriving funds from a Regular Service property through the delayed foreclosure, they Margaret led efforts to pass Proposition 117 to Grant from the Federal Center for Mental owe an enormous amount in back taxes, they ban sport hunting of the mountain lions and Health Services, the program provided coun- receive a commercial property left in deteriora- the setting aside of funds to purchase state seling as well as resource and service infor- tion which has a lower rent value and resale parklands. mation about improvement of stress coping re- value, and meanwhile, the rent for all the The appreciation of environmental organiza- sponses among disaster victims. months or years they were trying to retain the tions was expressed by the many awards she property went to an uncollectible debtor. received, such as the National Audubon Soci- Teams of crisis counselors provided out- My bill does not leave the debtor without ety Medal and being included in its listing as reach services to people and organizations protection. First, the investor brings a fore- one of the 100 most influential environmental- within the Guam Community. This multi-lingual closure against a debtor only as a last resort. ists of the century. She was given the Gold and culturally diverse group visited homes, This usually comes after all other efforts to Medal Award of the United Nations Environ- shelters, schools and Senior Citizen Centers. reconcile delinquent mortgage payments have ment Program. The United States Department Since the inception of ‘‘Paka outreach,’’ team failed. Second, the debtor has up to ninety of the Interior conferred the Conservation members have assisted over 2,000 individuals days to reorganize under Chapter 11. It should Service award upon her. And the Sierra Club, with services such as crisis counseling con- be noted, however, that single asset reorga- in recognition of Margaret’s lifelong dedication sultation education and support groups. nizations are typically a false hope since the to the cause of conservation, made her an One year has passed since Supertyphoon owner of a single asset does not have other honorary board member. Paka. Debris has been collected, services properties from which he can recapitalize his Margaret is survived by her daughter, have been restored, damages have been re- business. Wendy Millard Benjamin; her stepson Nathan- paired, and the island of Guam is green and Finally, Mr. Speaker, my bill helps all Amer- iel Owings; her stepdaughters Natalie Owings beautiful once again. Conditions have, more or ican families by making their investments Prael, Emily Owings Kapozi, and Jennifer less, returned to normal. As were recognize more secure and more valuable. The hard- Owings Dewey; her brother, William Went- the countless men and women who have working American families who depend on worth; nine grandchildren and four great- made possible the island’s speedy and suc- their life insurance policies and who have paid grandchildren. cessful recovery, I would like to take this op- for years into their pensions will save millions Margaret’s advocacy was accomplished with portunity to make special note of the contribu- in reduced costs. My bill protects the ‘‘little grace, poise, style and spirit. Her memoir ‘‘A tions of the Paka Outreach Program. On be- guy’’ from being plagued with years of litiga- Voice From the Sea: Reflections on Wildlife half of the people of Guam, I commend the tion while a few unscrupulous commercial and Wilderness’’ evokes, through her articu- members of this outstanding team and submit late and persuasive voice, the spirituality she property owners continue to colllect the rent to their names in special recognition of their out- line their own pockets. found in her wild surroundings. standing public service.***HD***PAKA OUT- There is no conceivable measure for the f REACH contributions Margaret made; she has left a TRIBUTE TO MARGARET permanent legacy. Margaret Owings was our Department of Mental Health and Substance WENTWORTH OWINGS hero. She led us by her example, she taught Abuse.—John W. Leon Guerrero, Director; Au- us through her wisdom, she graced us with rora Cabanero, Deputy Director; Mariles HON. SAM FARR her vision, and we learned to treasure all that Benavente, State Coordinator. OF CALIFORNIA she valued so deeply. University of Guam—Dr. Jeff D.T. Barcinas, IN THE HOUSE OF REPRESENTATIVES f Dean/Dir., Coll. of Agriculture & Life Sciences; Monday, February 8, 1999 PAKA OUTREACH PROGRAM Victor T. Artero, Associate Dean, Guam Coop- erative Extension; J. Peter Roberto, Principal Mr. FARR of California. Mr. Speaker, I rise Investigator, Paka Outreach. to memorialize the passing of a friend, a poet, HON. ROBERT A. UNDERWOOD Paka Outreach Staff—Sr. Stella Manglona, an artist, and a passionate environmentalist. OF GUAM Project Coordinator; Venancia Colet, Mental Margaret Wentworth Owings passed away on IN THE HOUSE OF REPRESENTATIVES January 20, 1999 at her cliffside home in Big Health Consultant; Ronnie Babin, Team Lead- Sur California high above her beloved Pacific Monday, February 8, 1999 er; Jeanie Perez, Team Leader; Joseph H. Ocean. Mr. UNDERWOOD. Mr. Speaker, last year Salas, Team Leader; Jose Caluag, Eloisa A. Born in Berkeley, California in 1913, Mar- supertyphoon Paka struck the island of Guam Chan, Filomena Doone, Jenette Muhat, garet Wentworth graduated from Mills College causing nearly $400 million in damages and Karmelin Pachkoski, Marie Pereda, Felisa and studied art at Harvard University. In 1953, leaving more than 4,000 families homeless. Quitugua, Marchelle Sablan, Misko Shuru, she married architect Nathaniel Owings. By The speed of this particular recovery is un- Dirk Taitano, Remedios Taitague, Simona that time, she had pledged herself to the pres- precedented in the annals of Guam’s typhoon- Cushing Viloria.

VerDate Aug 04 2004 10:55 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR99\E08FE9.000 E08FE9 February 8, 1999 EXTENSIONS OF REMARKS 2049 A RESONSE TO THE PRESIDENT’S Hayes has set a record of achievement that A BILL TO EXCLUDE FROM GROSS PRESENTATION OF THE DE- we can all be proud of. INCOME REWARDS RECEIVED BY FENSE BUDGET TO CONGRESS REASON OF PROVIDING INFOR- Even while serving the Marine Corps faith- MATION LEADING TO THE CON- fully here in New Haven, Sergeant Hayes SPEECH OF VICTION OF A CRIME TO THE EX- HON. RON PACKARD went above and beyond the call of duty and TENT THAT THE REWARD IS worked diligently to involve his staff and Ma- USED TO COMPENSATE VICTIMS OF CALIFORNIA rine cadets with the community. Of all his ac- OF CRIME IN THE HOUSE OF REPRESENTATIVES complishments, the most impressive and the Tuesday, February 2, 1999 most touching has been his work on behalf of HON. AMO HOUGHTON Mr. PACKARD. Mr. Speaker, I rise today in numerous ‘‘Toys for Tots’’ campaigns. His OF NEW YORK defense of the men and women who protect commitment has brought more than thirty IN THE HOUSE OF REPRESENTATIVES our freedom around the world. The military thousand toys to needy children in the Greater Monday, February 8, 1999 budget proposed by President Clinton is woe- New Haven area, putting a smile on the faces Mr. HOUGHTON. Mr. Speaker, I am fully inadequate and we must work together to of so many of New Haven’s kids on many pleased to join my colleague from New York, ensure that Congress corrects its failures and Christmas mornings. shortcomings. Mr. MCNULTY, as well as a number of other The increasing instability around the world At the end of this year, Sergeant Hayes will colleagues, in introducing a new bill to effec- threatens America’s allies as well as American leave the Marine Corps, retiring with the tively exempt from taxation the proceeds of interests. Even as I speak, our sons and United States Armed Forces Meritorious Serv- the Federal government’s reward of $1 million daughters who serve are targeted by Iraqi ice Medal, a honor he most certainly de- paid to Mr. David Kaczynski for information missiles and scores of terrorist forces abroad. serves. His generosity and dedication to the leading to the conviction of the Unabomber. Today, the Administration is contemplating fur- needs of New Haven residents will not be for- We introduced a similar bill late last session, ther troop deployments in Kosovo. gotten. which was passed by the Senate but, due to America’s military is now spread further procedural and content changes, was not considered in the House before adjournment. We around the world than at any time in our his- f tory. Yet the President still fails to provide our believe we have addressed the content con- soldiers with the resources they need to pro- ROCSAT–1 LAUNCH FROM SPACE- cerns of the proposal and are reintroducing a tect freedom and even to protect themselves. PORT FLORIDA A GREAT SUC- more general bill to be considered through the The President’s military budget proposal is CESS regular legislative process. As you may remember, in the fall of 1995 long on rhetoric and short on correcting the Mr. David Kaczynski provided invaluable as- many gaps in readiness that have developed sistance to the FBI. As a result of Mr. over years of neglect under his administration. HON. DAVE WELDON Kaczynski placing the health and safety of While the President’s budget hands out bil- OF FLORIDA American citizens ahead of family loyalty, Fed- lions to government bureacracies and bloated eral authorities were able to apprehend his federal agencies, it falls well short of any seri- IN THE HOUSE OF REPRESENTATIVES brother Theodore, the infamous Unabomber. ous attempt to provide for the safety of our Monday, February 8, 1999 The Federal Government had offered a $1 troops. million reward for information leading to the The truth is, we aren’t keeping our promises Mr. WELDON of Florida. Mr. Speaker, I conviction of the Unabomber. Not wanting to to those who serve. You can look no further have the distinct privilege of bringing to the profit personally from the tragedy caused by a than our military personnel retention rates to Members’ attention the fact that Spaceport deeply troubled member of their family, David see what years of grossly under-funded budg- Florida has successfully launched its second Kaczynski and his wife pledged to distribute ets have done to morale throughout the serv- satellite. On Tuesday, January 26, 1999, I was the net proceeds, after taxes and attorneys’ ice. Highly trained men and women are leav- pleased to personally observe as an Athena fees, to his brother Theodore’s victims and ing the miltary in record numbers. The Navy’s their families. However, because this income loss of aviators, many of whom are stationed rocket left Florida’s Spaceport to deploy the was considered taxable they were only able to near my district in San Diego, has reached a ROCSAT–1, the first satellite launched by the direct $534,150 to a community based founda- critical level. In some cases, we no longer Republic of China, Taiwan. I am proud of the tion to be used to benefit the victims of violent even have the necessary personnel to staff success of the government of Taiwan, Space- crime. If this reward had been tax-exempt, our carriers. port Florida, and involved commercial compa- David and his wife would have had approxi- Mr. Speaker, our military personnel are the nies in this endeavor. mately $200,000 more to distribute. finest in the world. The readiness and safety The launch of ROCSAT–1 was accom- Accordingly, we are reintroducing the bill of those who protect freedom should not be plished with the cooperation of Taiwan’s Na- today, which would permit the full reward to be sacrificed for the personal legacy of a self-ab- tional Space Program Office, Lockheed Martin tax-exempt and allow the amount, otherwise sorbed President. It’s time we provide them and the Spaceport Florida Authority. This is used to pay taxes, to ultimately benefit the vic- with the best equipment and training available. only the latest example of the Spaceport tims and their families. We invite our col- Anything less is unacceptable. Authority’s ability to successfully launch pay- leagues to cosponsor this legislation and as- f loads into space and at a competitive price. I sist us in closing this chapter of the RECOGNIZING 1ST SERGEANT MI- am hopeful that this successful endeavor be- Unabomber saga and bring some sense of CHAEL HAYES FOR OUT- tween the Republic of China and Florida will justice to the Unabomber’s victims and their STANDING COMMUNITY SERVICE lead to more exciting and profitable ventures families. that will benefit both parties. This is a proud f HON. ROSA L. DeLAURO moment for Taiwan and Florida. PERSONAL EXPLANATION OF CONNECTICUT After personally viewing the historic launch, IN THE HOUSE OF REPRESENTATIVES I can also say that I firmly believe that Flor- HON. JOHN R. KASICH Monday, February 8, 1999 ida’s first rate launching capabilities are ad- OF OHIO IN THE HOUSE OF REPRESENTATIVES Ms. DELAURO. Mr. Speaker, it gives me vancing and will strengthen our competitive- great pleasure to come before the House ness. I am also pleased that Taiwan chose Monday, February 8, 1999 today to honor the long and distinguished Florida as the place for launching their sat- Mr. KASICH. Mr. Speaker, on Wednesday, record of service of Marine First Sergeant Mi- ellite. Florida has a proven track record of de- February 3, 1999, I was unavoidably detained chael Hayes. Whether serving his nation in the pendable launches and we added to that num- and unable to record a vote by electronic de- Marine Corps or providing for the needy dur- ber on January 26. I hope this will be the first vice on Roll Number 9. Had I been present, I ing the holidays here at home, Sergeant launch of many. would have voted ‘‘aye’’ on Roll Number 9.

VerDate Aug 04 2004 10:55 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR99\E08FE9.000 E08FE9 2050 EXTENSIONS OF REMARKS February 8, 1999 On Wednesday, February 3, 1999, I was ready the FDIC has received more than the Armed Forces drew him away for a time, unavoidably detained and unable to record a 15,000 comments on these new regulations. but upon his return Andy applied his attention vote by electronic device on Roll Number 10. All but 12 of these comments are negative. to developing his business and personal re- Had I been present, I would have voted ‘‘aye’’ I am hopeful that by filing this bill today will sources. His business capacities took him on Roll Number 10. further discourage the FDIC and other federal from Control Operator at the Moss Landing On Wednesday, February 3, 1999, I was agencies from following through with this ill- PG&E Electric Generation Plant; to become a unavoidably detained and unable to record a conceived and shoddily designed rule. founder of numerous property-related firms in- vote by electronic device on Roll Number 11. f cluding Ausonio Construction Company, Inc.; Had I been present, I would have voted ‘‘aye’’ to a position as Director and then Chairman of on Roll Number 11. CELEBRATING THE 86TH the Board of the Bank of Salinas; and Director BIRTHDAY OF ROSA PARKS f of Artichoke Industries. Andy committed considerable energy to im- INTRODUCTION OF THE KNOW HON. BARBARA LEE prove this community as a member of the Elks YOUR CUSTOMER PROGRAM OF CALIFORNIA Lodge; President of Native Sons of the Golden ABOLISHMENT ACT IN THE HOUSE OF REPRESENTATIVES West; President of the Castroville Rotary; Fes- Monday, February 8, 1999 tival Chairman for the Castroville Artichoke HON. VAN HILLEARY Festival; President of the Notre Dame High OF TENNESSEE Ms. LEE. Mr. Speaker, I rise today to recog- School Board; Commissioner for the IN THE HOUSE OF REPRESENTATIVES nize the 86th birthday of Rosa Parks, a pivotal Castroville Fire District; President of the Sali- force in the struggle for civil rights in America. Monday, February 8, 1999 nas Valley Builders Exchange; Chapter Presi- Ms. Parks touched millions of lives when she dent of the Associated General Contractors; Mr. HILLEARY. Mr. Speaker, on December refused to give up her seat on a Montgomery, Finance Commission for the Monterey Finance 7, 1998, the Comptroller of the Currency, the Alabama city bus. Rosa’s courageous action Commission; Director for the Monterey County Office of Thrift Supervision, Federal Reserve served as a catalyst for the legendary bus Private Industry Council; Director for the Sali- Board and the Federal Deposit Insurance Cor- boycott in Alabama and was one of the critical nas Valley Memorial Hospital Foundation; and poration published regulations which cut turning points in the Africa-American civil as a member of the Advisory Committee for against the very foundations of individual lib- rights movement. With the support of Dr. Mar- California Assemblyman Peter Frusetta. erties. Under the title of ‘‘Know Your Cus- tin Luther King Jr. and other civil rights activ- Andy had a musical side and was a mem- tomer’’ regulations, the proposed rule intends ists, Rosa Parks’ action and the subsequent ber of the Watsonville community brass and to prevent money laundering. However, it in- boycott demonstrated the power of individuals German bands. He was the major fundraiser stead intrudes on the privacy of law-abiding and communities to tear down injustice and in getting the North Monterey County High citizens. bring about social change. Her spark ignited a School band to play at President Bill Clinton’s Under the proposed rule, all banks and fire that helped to eradicate legal segregation Inaugural Celebration in Washington, D.C. thrifts in our country would be required to (1) in the South, raise the consciousness of peo- As a Rotarian, Andy organized a trip to the identify their customers, (2) determine the ple around the country, and challenge our de- village of San Antonio Such, Guatemala, to source of income of its customers, (3) deter- mocracy to guarantee and secure liberty and work on a sewage water treatment system mine the ‘‘normal and expected’’ transactions justice for all. that was a threat to the health of the popu- of each customer, (4) monitor each customer’s Rosa Park’s 86th birthday and her legacy lation due to the untreated sewage in the local account activity to insure it is compatible with are especially important today as we celebrate streams. He returned to determine how the historical patterns, and (5) report any ‘‘sus- the fourth day of Black History Month, a his- Rotary could best help the local people, and picious’’ transactions. tory which Rosa Parks helped to create. Be- subsequently organized a literacy project. The Thus, if your financial institution, in which cause of her labor of love and her continued project used Spanish books from California you have placed both your finances and trust, work in the civil rights movement, our children schools that were distributed in Guatemala. feels that you have withdrawn or deposited an have opportunities which, for many of our par- During his tenure, Andy also made improve- amount that could be interpreted as suspicious ents, were merely dreams and fantasies. ments to the infrastructures in other areas of or outside the ‘‘normal and expected’’ trans- On this day, the anniversary of her birth, I South America and Italy. actions that you make, you could have your am pleased to join Congresswoman JULIA Andy enriched his own community and com- name sent to law enforcement authorities. All CARSON and others in a bipartisan effort to munities around the world, with his ability to of us at one time or another have had to de- honor Rosa Parks by introducing legislation to implement his practical talents through the posit or withdraw money that falls outside our present her with a long-overdue Congressional medium of his larger vision of the world and ‘‘normal’’ transactional history. Whether putting Gold Medal. I hope that Members of Congress its values. His work will be lasting, as will the a downpayment on a house, a car or even a and people across our nation will join me in lessons he taught every individual, whom he wedding ring, it is not the FDIC, the FBI or our supporting this important legislation. has inspired. Our deepest sympathies go to local bank’s business on when and why we The American people and I wish you a joy- his family and those closest to Andy Ausonio. would want to make such a transaction or ous 86th birthday, and we thank you, Rosa f even from where we receive our income. Parks, for your life’s work and for your invalu- One would think that if the federal govern- able legacy. PLUMBING STANDARDS ment were to order financial institutions to f IMPROVEMENT ACT OF 1999 comb over their customer’s finances, they would at least take part of the burden off the TRIBUTE TO ANDREW E. AUSONIO HON. JOE KNOLLENBERG financial institution. However, this regulation OF MICHIGAN instead puts an onerous mandate on member HON. SAM FARR IN THE HOUSE OF REPRESENTATIVES banks and thrifts. These institutions must com- OF CALIFORNIA Monday, February 8, 1999 pile all the paperwork, put in all the man IN THE HOUSE OF REPRESENTATIVES hours, and ultimately take all the heat for spy- Mr. KNOLLENBERG. Mr. Speaker, I rise to ing on their customers. Monday, February 8, 1999 day to introduce the Plumbing Standards Im- I am all in favor of preventing money laun- Mr. FARR of California. Mr. Speaker, I rise provement Act of 1999. This bill would begin dering; however, this regulation violates the today to mark the passing of Andrew E. to restore common sense to our government basic privacy rights of American citizens. Ausonio, who died October 17, 1998, a de- by repealing the ridiculous federal mandates There are surely other ways to catch the drug voted husband and father an innovative busi- on toilet size and showerhead flow, 1.6 gal- dealers and other illegal money launderers nessman, a leader in his community and a hu- lons per flush and 2.5 gallons per minute, re- that do not infringe on the personal liberties of manitarian both at home and abroad. spectively. so many innocent and law-biding citizens. Andy was a native of the Salinas Valley, In 1992, Congress considered and eventu- Luckily the federal government’s attack on graduating from Salinas High School, and at- ally passed the Energy Policy Act (EPA). At personal freedom has not gone unnoticed. Al- tending Hartnell Junior College. His service in that time, a unique coalition of environmental

VerDate Aug 04 2004 10:55 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR99\E08FE9.000 E08FE9 February 8, 1999 EXTENSIONS OF REMARKS 2051 activist and plumbing manufacturers joined day, January 24, 1999. Frank Balajadia 10 a.m. forces to expand the size of our already bloat- Manibusan, one of the first Chamorros ever to Finance ed government and push for a national policy enlist in the United States Navy, passed away To hold hearings on United States Trade on, of all things, plumbing products. With the at the age of 81 in Union City, California after Agreements compliance focusing on help of the U.S. Department of Energy, this a long illness. international dispute settlement and domestic enforcement measures. coalition claimed it was essential to ban cer- Born in Santa Cruz, Haga˚tn˜a on February SD–215 tain types of toilets and showerheads. Instead 10, 1917, Frank’s military career gave him the Judiciary of allowing individuals to make their own chance to witness several significant events in Business meeting to consider pending choices, this group claimed the federal gov- our nation’s history. The eldest son child of calender business. ernment should choose the types of plumbing Juan and Soledad Manibusan, Frank joined SD–226 fixtures Americans can use in their private and the Navy in 1939. This enlistment placed him 11 a.m. public bathrooms. at Pearl Harbor when the Japanese air attack Foreign Relations Since passage of the 1992 EPA, the voices on the Naval Base was launched on Decem- Business meeting to consider commit- in opposition to this policy have become loud ber 7, 1941, prompting the involvement of the tee’s rules of procedure for the 106th and clear. I first became aware of the prob- United States in World War II. As a member Congress, and their subcommittee as- lems our national plumbing laws have created of Fleet Admiral Chester W. Nimitz’s personal signments. when I began to receive complaints from a va- staff, he later witnessed the official end of the S–116, Capitol riety of frustrated individuals. These dis- war as Japanese representatives signed an contented consumers, plumbers, remodelers, unconditional surrender aboard the U.S.S. FEBRUARY 11 landlords, home builders, and others were Missouri in 1945. He retired with the rank of 9:30 a.m. upset their new, expensive toilets were repeat- Senior Chief Petty Officer (E8) in 1960. Environment and Public Works edly clogging and consistently required mul- The late Frank Balajadia Manibusan left a To hold hearings to examine the Presi- dent’s proposed budget request for fis- tiple flushes. Obviously, these new products legacy of service held with pride by the island cal year 2000 for the Environmental were not saving water and therefore proved of Guam and its people. On behalf of the peo- Protection Agency. counterproductive to the original intent of the ple of Guam, I offer my condolences and join SD–406 legislation. his widow, Brigida, and their children, Darlene, Armed Services To date, I have received thousands of calls, Frances, Leilani, Frank and Jesse in mourning To resume hearings on proposed legisla- letters, and faxes from individuals all across the loss and celebrating the life of a distin- tion authorizing funds for fiscal year the country, and the political spectrum, who guished son of Guam. 2000 for the Department of Defense, and support restoring common sense to our gov- f the future years defense program. ernment and reducing the enormous burden SH–216 SENATE COMMITTEE MEETINGS placed on them by inefficient and needless Banking, Housing, and Urban Affairs government mandates. The message is clear, Title IV of Senate Resolution 4, Business Meeting to markup S. 313, to re- and often written on toilet paper: ‘‘Get the gov- agreed to by the Senate on February 4, peal the Public Utility Holding Com- ernment out my bathroom!’’ 1977, calls for establishment of a sys- pany Act of 1935, and to enact the Pub- While support for ending these mandates tem for a computerized schedule of all lic Utility Holding Company Act of has steadily grown, the importance of this meetings and hearings of Senate com- 1999, and the proposed Financial Regu- latory Relief and Economic Efficiency issue has grown even further, Currently, the mittees, subcommittees, joint committees, and committees of conference. Act of 1999. Department of Energy is considering a ban on SD–538 This title requires all such committees top-loading washing machines as well as cer- Health, Education, Labor, and Pensions tain types of water heaters, fluorescent lamps, to notify the Office of the Senate Daily To hold hearings on the proposed budget central air conditioners, and other common Digest—designated by the Rules Com- request for the Department of Edu- products used by American every day. In addi- mittee—of the time, place, and purpose cation. tion to providing relief for those suffering under of the meetings, when scheduled, and SD–430 plumbing fixture laws, we must pass this bill to any cancellations or changes in the 1 p.m. ensure the voice reason is heard before addi- meetings as they occur. Budget tional mandates are enacted. As an additional procedure along To resume hearings on the President’s The American marketplace works well, but with the computerization of this infor- proposed budget request for fiscal year only if consumers are allowed to buy the prod- mation, the Office of the Senate Daily 2000. ucts they desire. If some consumers want tiny Digest will prepare this information for SD–608 toilets or trickling showerheads, the economy printing in the Extensions of Remarks FEBRUARY 12 will provide these products without the burden section of the CONGRESSIONAL RECORD of federal decrees. In addition, if state and on Monday and Wednesday of each 9:30 a.m. local governments wish to establish their own week. Budget To hold hearings on national defense plumbing policies, they are free to do so. Un- Meetings scheduled for Tuesday, Feb- ruary 9, 1999, may be found in the Daily budget issues. fortunately, our failed policy on plumbing fix- SD–608 tures has strangled the market, created innu- Digest of today’s RECORD. merable headaches, and put us at risk of suf- MEETINGS SCHEDULED FEBRUARY 22 fering under further one-size-fits-all mandates. 1 p.m. Now is the time to heed the call of suffering FEBRUARY 10 Aging Americans, pass the Plumbing Standards Im- 9:30 a.m. To hold hearings to examine the impact provement Act of 1999 and restore wisdom to Health, Education, Labor, and Pensions of certain individual accounts con- our federal government. To hold hearings on Department of Labor tained in Social Security reform pro- f budget intiatives. posals on women’s current Social Secu- SD–430 rity benefits. TRIBUTE TO FRANK BALAJADIA Commerce, Science, and Transportation SD–628 MANIBUSAN Business Meeting to markup S. 82, to authorize appropriations for Federal FEBRUARY 23 Aviation Administration. 9:30 a.m. HON. ROBERT A. UNDERWOOD SR–253 Health, Education, Labor, and Pensions OF GUAM Indian Affairs To hold hearings on Department of Edu- IN THE HOUSE OF REPRESENTATIVES To hold hearings on the nomination of cation reform issues. Monday, February 8, 1999 Montie R. Deer, of Kansas, to be chairman of the National Indian Gaming SD–430 Mr. UNDERWOOD. Mr. Speaker, the island Commission. of Guam lost a distinguished veteran on Sun- SR–485

VerDate Aug 04 2004 10:55 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00005 Fmt 0689 Sfmt 0634 E:\BR99\E08FE9.000 E08FE9 2052 EXTENSIONS OF REMARKS February 8, 1999 FEBRUARY 24 Energy and Natural Resources MARCH 24 9:30 a.m. To hold oversight hearings on the Presi- 10 a.m. Armed Services dent’s proposed budget request for fis- Veterans’ Affairs Readiness Subcommittee cal year 2000 for the Forest Service, De- To hold joint hearings with the House To hold hearings on the National Secu- partment of Agriculture. Committee on Veterans’ Affairs to re- rity ramifications of the Year 2000 SD–366 view the legislative recommendations computer problem. of the American Ex-Prisoners of War, SH–216 MARCH 2 AMVETS, Vietnam Veterans of Amer- Health, Education, Labor, and Pensions 9:30 a.m. ica, and the Retired Officers Associa- Public Health and Safety Subcommittee Veterans’ Affairs tion. 345 Cannon Building To hold hearings on antimicrobial resist- To hold joint hearings with the House ance. Committee on Veterans’ Affairs to re- SEPTEMBER 28 SD–430 view the legislative recommendations 2 p.m. of the Veterans of Foreign Wars. 9:30 a.m. Armed Services 345 Cannon Building Veterans’ Affairs To hold joint hearings with the House Personnel Subcommittee Energy and Natural Resources Committee on Veterans’ Affairs to re- To hold hearings on proposed legislation To hold oversight hearings on the Presi- view the legislative recommendations authorizing funds for fiscal year 2000 dent’s proposed budget request for fis- for the Department of Defense and for of the American Legion. cal year 2000 for the Department of the 345 Cannon Building the future years defense program, fo- Interior. cusing on recruiting and retention poli- SD–366 cies within DOD and the Military Serv- CANCELLATIONS ices. MARCH 4 SR–222 9:30 a.m. FEBRUARY 10 Veterans’ Affairs FEBRUARY 25 9:30 a.m. To hold joint hearings with the House Energy and Natural Resources 9 a.m. Committee on Veterans’ Affairs to re- Business meeting to consider pending Energy and Natural Resources view the legislative recommendations calendar business. To hold oversight hearings on the Presi- of the Veterans of World War I of the SD–366 dent’s proposed budget request for fis- USA, Non-Commissioned Officers Asso- cal year 2000 for the Department of En- ciation, Paralyzed Veterans of Amer- FEBRUARY 11 ergy and the Federal Energy Regu- ica, Jewish War Veterans, and the Time to be announced latory Commission. Blinded Veterans Association. Energy and Natural Resources SD–366 345 Cannon Building Foreign Relations 9:30 a.m. To hold joint hearings to examine United Veterans’ Affairs MARCH 10 States policy toward Iraq, focusing on To hold joint hearings with the House proposals to expand oil for food. Committee on Veterans’ Affairs to re- 9:30 a.m. Armed Services SD–419 view the legislative recommendations 8:30 a.m. Readiness Subcommittee of the Military Order of the Purple Year 2000 Technology Problem To hold hearings on the condition of the Heart, the Fleet Reserve, the Retired To hold hearings to examine information Enlisted Association, the Gold Star service’s infrastructure and real prop- technology as it applies to the food sec- Wives of America, and the Air Force erty maintenance programs for fiscal tor in the Year 2000. Sergeants Association. year 2000. SD–192 345, Cannon Building SR–236 Health, Education, Labor, and Pensions To hold hearings on protecting medical MARCH 17 POSTPONEMENTS records privacy issues. 10 a.m. SD–430 Veterans’ Affairs FEBRUARY 10 2 p.m. To hold joint hearings with the House 8:30 a.m. Judiciary Committee on Veterans’ Affairs to re- Judiciary Antitrust, Business Rights, and Competi- view the legislative recommendations Antitrust, Business Rights, and Competi- tion Subcommittee of the Disabled American Veterans. tion Subcommittee To hold hearings to review competition 345 Cannon Building To hold hearings to review competition and antitrust issues relating to the and antitrust issues relating to the Telecommunications Act. Telecom Act. SD–226 SD–226

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