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

Vol. 143 WASHINGTON, MONDAY, JUNE 23, 1997 No. 89 House of Representatives The House met at 10:30 a.m. and was status to China is not just about trade, Furthermore, the Chinese Govern- called to order by the Speaker pro tem- it is about human rights. We in the ment maintains a policy of forced abor- pore (Mr. PEASE). United States place great value on our tions and sterilizations. The govern- f freedoms. The freedom of speech and ment is not only killing supporters of the freedom to practice religion are freedom and religion, it is killing inno- DESIGNATION OF SPEAKER PRO ideals on which our country was found- cent babies. TEMPORE ed. As a man of deep religious faith and The SPEAKER pro tempore laid be- The United States is the greatest, as a citizen of the United States, I can- fore the House the following commu- freest nation in the world. We enjoy not stand for this. By continuing to nication from the Speaker: the status, and yet we continue to sup- grant most-favored-nation status to WASHINGTON, DC, port the oppressive Chinese Govern- China, the United States is bolstering June 23, 1997. ment through trade. This is not right. an oppressive government that is con- I hereby designate the Honorable EDWARD The Government of the People’s Re- stantly violating the basic human A. PEASE to act as Speaker pro tempore on public of China is one of the most op- rights of its people. this day. pressive governments in the world. We NEWT GINGRICH, Most-favored-nation status for China have all seen footage of the terrible also bolsters a government that works Speaker of the House of Representatives. massacre in Tiananmen Square. Unfor- against America’s national security in- f tunately, such massacres are hardly terests. Evidence suggests that the MESSAGE FROM THE SENATE rare occurrences in China. The Chinese people suffer horrible Chinese Government is heavily in- A message from the Senate by Ms. violations of their basic human rights volved in missile and weapons tech- McDevitt, one of its clerks, announced every day. Citizens have been arrested nology transfers to Iran, one of our en- that the Senate had passed without for crimes such as signing petitions to emies. This is not a practice that the amendment a bill of the House of the protect human rights and speaking out United States should support in any following title: peacefully in favor of democracy. way. H.R. 363. An act to amend section 2118 of Thousands of those arrested for sup- A recent Louis Harris poll shows that the Energy Policy Act of 1992 to extend the porting democracy or human rights be- 67 percent of Americans are opposed to Electric and Magnetic Fields Research and come political prisoners in Chinese renewing China’s MFN status. Let me Public Information Dissemination Program. jails where they are beaten and tor- repeat that, Mr. Speaker. A recent f tured. Louis Harris poll shows that 67 percent of the American people are opposed to MORNING HOUR DEBATES To make matters worse, Mr. Speaker, China’s human rights violations extend renewing China’s MFN status. The SPEAKER pro tempore. Pursu- well beyond the political realm. The As representatives of the people, I be- ant to the order of the House of Janu- Chinese people are often arrested as lieve that Congress should follow the ary 21, 1997, the Chair will now recog- criminals simply for holding religious will of the people and revoke this sta- nize Members from lists submitted by beliefs. The government continues to tus. It is high time that we follow the the majority and minority leaders for increase its persecution of will of the people of America and send morning hour debates. The Chair will evangelicals, Protestants, Buddhists, a real message to the Chinese Govern- alternate recognition between the par- and Roman Catholics who choose to ment. For the sake of democracy, reli- ties, with each party limited to not to worship independently from the gov- gious freedom, the lives of the good exceed 30 minutes, and each Member ernment-controlled church, a church people of China, and America’s na- except the majority and minority lead- that does not recognize the Pope. tional security, I urge my colleagues to er limited to not to exceed 5 minutes. Hundreds of Protestants and Roman vote against renewing most-favored- The Chair recognizes the gentleman Catholics were detained last year for nation status for the oppressive Chi- from North Carolina [Mr. JONES] for 5 practicing their faith. Forty Roman nese Government. minutes. Catholics, for example, were arrested f f by police officers during Easter cele- brations, and many of them were beat- B–2 BOMBER NECESSARY FOR MOST-FAVORED-NATION STATUS en. The police in China have conducted NATION’S DEFENSE FOR CHINA NOT DESERVED raids on nunneries and monasteries, de- The SPEAKER pro tempore. Under Mr. JONES. Mr. Speaker, the debate taining and torturing many of these the Speaker’s announced policy of Jan- about granting most-favored-nation people of God. uary 21, 1997, the gentleman from

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.

H4137 H4138 CONGRESSIONAL RECORD — HOUSE June 23, 1997

Washington [Mr. DICKS] is recognized So, Mr. Speaker, I would just say with an ill-defined mission. A well-de- during morning hour debates for 5 min- again today, I think this vote this fined exit strategy based on the utes. afternoon is critically important. Gen- achievement of a set of tactical goals Mr. DICKS. Mr. Speaker, today the eral Scowcroft is a person who I have has been lacking from the start. Now House will be taking up a very impor- enormous respect for, who was national the President, after breaking his prom- tant issue, the B–2 bomber, and I want security adviser to President Ford and ise to have them out by the end of the to read a letter that was just sent to to President Bush. His group also with year, has extended the deployment at the gentleman from California [Mr. General Burpee and others have come least 18 months from the promised 1- HUNTER] from General Brent Scow- forward with a devastating criticism of year deadline. croft, who has just done an independ- this administration’s long-range bomb- Two amendments that will be de- ent bomber force review: er policy. bated today are consistent with the You requested my colleagues and I provide I would say of all the weapons we are policy of previous Congresses. your committee with an independent look at buying today, none has more conven- the adequacy of the Nation’s heavy bomber The Fiscal Year 1994 Department of force. This is an important issue as we move tional military potential than the B– Defense Appropriation Act, Public Law into the new security era and we greatly ap- 2’s. When combined with smart conven- 103–139, section 8158(a), stated: It is the preciate the opportunity to offer our counsel tional weapons, like JDAM’s at $13,000 sense of Congress that none of the to you and your committee. per weapon, it gives us an ability to at- funds appropriated or otherwise made In our review, we first examined the tack an enemy who is invading, stop planned future of the bomber force, its role available by this act should be avail- the invasion, destroy his army in the able for the purposes of deploying the in supporting U.S. national security, and the field, and also attack his national secu- potential offered by the B–2’s. We then exam- United States Armed Forces to partici- ined the sources of Pentagon opposition to rity leadership, and his operational and pate in the implementation of a peace additional B–2’s production and the recent tactical targets as well. It gives the op- settlement in Bosnia-Hercegovina un- series of studies the Department of Defense portunity for simultaneous warfare less previously authorized by Congress. has sent to Congress regarding the bomber with a plane that can operate autono- Further, Fiscal Year 1994 Department force. mously without a huge package of sup- We reached two fundamental conclusions. of Defense Appropriation Act, section porting conventional aircraft. 8151, cut off funds for the military op- First, long-range air power will be more im- I think this is a crucial issue. I think portant than ever in the decades ahead. Con- eration in Somalia after March 31, 1994. this administration has made a ter- sequently, we do not believe that the This is similar to the proposals pre- rible, tragic mistake in not rec- planned force of 21 B–2’s will satisfy foresee- sented by the amendments today. Con- ommending to the Congress to keep able gress is using its constitutional power this program going, especially now U.S. national security requirements. to not provide for the authorization of with the line open out there in Second, Pentagon opposition to further funds. Palmdale, CA. We can get these bomb- B–2’s production is shortsighted and Mr. Speaker, the time for Congress to parochial. It reflects a consensus ers today at the cheapest price possible because the line is still open. I believe act is now. We cannot continue to across the services that long-range air shirk our responsibility. No one can power can be safely abandoned in the that buying an additional nine B–2’s over 6 years is the right thing to do for stand on this floor and say that this long run—a view with which we strong- Congress has not given the President ly disagree. the security of the country. It will give us a force of 30 bombers, three squad- more than enough chance for his plan Based on these conclusions, we offer a set in Bosnia, whatever it was, to work. It of legislative recommendations regarding rons of 10, and I think it will markedly the bomber force. improve our national defense capabil- would also be inappropriate for anyone The following contains an executive sum- ity. to come to claim that we are on the mary and overall report. f verge of real progress in this region. And I would like to just read a few Unfortunately, the current situation is paragraphs from this executive sum- TIME LIMIT OF INVOLVEMENT OF a continuation of the same stalemate mary. UNITED STATES TROOPS IN that has plagued the mission for a ma- If this decision (on the B–2’s) is allowed to BOSNIA NECESSARY jority of its existence. We must bring stand, the end result will be a shift to a force The SPEAKER pro tempore. Under our troops home at the earliest pos- structure that relies almost entirely on the Speaker’s announced policy of Jan- sible time, be that December 1997 or short-range air power. Yet current plans will perpetuate a bomber uary 21, 1997, the gentleman from June 1998. force which will not contain enough modern Washington [Mr. METCALF] is recog- The troops deserve Congress’ support, survivable bombers to support our national nized during morning hour debates for and the best way to show that support interests around the globe. The need for the 5 minutes. is to bring them home. prompt, global reach of heavy bombers was Mr. METCALF. Mr. Speaker, last De- starkly demonstrated in the 1994 and 1996 cember I came to this floor to oppose f Iraq crisis, both of which surprised our mili- the deployment of troops to Bosnia be- tary planners and exposed the continuing weakness of our bomber-deficient forces to cause I felt that the mission had no LEGISLATION PREVENTING GOV- fast-breaking conflicts located great dis- chance of solving their problems. Sta- ERNMENT SHUTDOWNS NEC- tances away. bility in that troubled area will not be ESSARY Investing in the revolutionary B–2’s offers achieved easily, and only achieved with The SPEAKER pro tempore. Under the potential for a radical change in the way the solid support of those people in the the Speaker’s announced policy of Jan- in which we think about and employ mili- former Yugoslavia and the neighboring tary power—a change which opens the door uary 21, 1997 the gentleman from Penn- to a much more affordable and effective mili- nations in Europe. In my speech last December, I stated, sylvania [Mr. GEKAS] is recognized dur- tary posture. ing morning hour debates for 5 min- We believe that being able to strike the ‘‘We have learned through sad experi- enemy promptly and accurately from a dis- ence that it is easy to rush troops into utes. tance is the preferable choice, particularly an area of contention, but it is ex- Mr. GEKAS. Mr. Speaker, it is no se- since it appears the long-range option is tremely difficult to solve the problems cret by now to most of the Members of cheaper over the long term. once we get there, and even more dif- the House that for some 8 years I have This is not the way to conduct rational na- been introducing legislation on a regu- tional security decisionmaking. By allowing ficult to get out in a timely and honor- organizational politics and short-term af- able way.’’ lar basis, appearing in many different fordability concerns to dominate the B–2’s I still stand by that statement. It is forums, presenting myself and the debate, we will turn our backs on the future. absolutely true. proposition in front of the Committee Moreover, we will needlessly risk U.S. na- Mr. Speaker, unfortunately this has on Rules, both when it was controlled tional security interests and the lives of become indeed the reality in Bosnia. by the Democrats and now by the Re- thousands of young Americans. Unfortunately, the President failed, publicans, to press the point that we Additional B–2’s are affordable. The Penta- need legislation to prevent Govern- gon plans to increase procurement spending before sending our troops there, to out- approximately 50 percent by 2001 and those line our goals specifically that our ment shutdowns. funds should be spent on the most cost-effec- military had to achieve before they Now that has, of course, been a phe- tive systems, such as additional B–2’s. could safely leave. We went in there nomenon that we have tested in the June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4139 Congress many times. Not just this it, even though, in my judgment, PLEDGE OF ALLEGIANCE last time, which received such notori- please correct me if I am wrong, that is The SPEAKER pro tempore. Will the ety in this last session of Congress, but extraneous to disaster relief, but did gentleman from Nevada [Mr. GIBBONS] seven times before that since I have not allow through his veto the inclu- come forward and lead the House in the been a Member of Congress, eight times sion of prevent-shutdown-legislation Pledge of Allegiance. since I have come to the Congress. Not which he says is extraneous to disaster Mr. Gibbons led the Pledge of Alle- only that, but we have been operating relief. giance as follows: on temporary funding resolutions when Now, Mr. Speaker, he signed the bill I pledge allegiance to the Flag of the the government is about to shut down that had marine mammal protection in United States of America, and to the Repub- 53 times during the course of the in- it. Now, what does this have to do with lic for which it stands, one nation under God, cumbency which I so pleasurably try to disaster relief? I say, Mr. Speaker, that indivisible, with liberty and justice for all. serve for the people of my district. mammal protection, although laudable f What am I trying to do again? I have in its own right, just like shutdown reintroduced the legislation for this legislation, prevent-shutdown-legisla- FOLLOWING THROUGH ON PLEDGE term. Now, an important thing and a tion, was extraneous to disaster relief. FOR SMALLER GOVERNMENT surprising thing happened this time But the President vetoed a measure be- AND LOWER TAXES around. The Republican leadership de- cause it had prevent-shutdown-legisla- (Mr. GIBBONS asked and was given cided that they were going to embrace tion which he calls extraneous, and permission to address the House for 1 my prevent-shutdown-legislation, and signed the bill that contained mammal minute and to revise and extend his re- so very competently, very properly, protection as part of disaster relief. marks.) they added this prevent-shutdown-leg- Is that an extraneous provision, Mr. Mr. GIBBONS. Mr. Speaker, today islation to the supplemental appropria- Speaker? This is double talk, Mr. the House will consider a bill that sim- tions bill that comes up every year in Speaker. We need provisions to prevent ply says that the Federal Government one form or another, and this time the the shutdown of Government, and I is too large, too intrusive, and too ex- supplementals included aid to Bosnia, aim to do it time and time again until pensive, and that the hardworking men not to Bosnia, but to our efforts in the Congress and the President come to and women of this country should be Bosnia, and disaster relief, long term, terms. able to keep more of their money, the for the people who are afflicted by the f money they earn. I am proud to be an floods of the Midwest, in the Midwest original cosponsor of this bill. just very recently. RECESS But, Mr. Speaker, this is an easy Here is what galls me, Mr. Speaker, vote. It is easy to endorse the idea of and I must spread this on the RECORD The SPEAKER pro tempore. There smaller government. It is easy to say again. The President vetoed the bill, being no further requests for morning that we pay too much in taxes every the supplemental appropriations, be- hour debates, pursuant to clause 12, year. The real challenge will come cause it had in his words in the veto rule I, the House will stand in recess later this week and this month when message, the extraneous provisions of until 12 noon. we vote on the reconciliation bill. This prevent-shutdown-legislation; while at Accordingly (at 10 o’clock and 50 is the opportunity to deliver to the the same time he said in 1996, in his minutes a.m.) the House stood in recess American people the truth, the truth weekly radio address to the Nation in until 12 noon. about the status of the Federal Govern- January of that year, ‘‘It is deeply f ment, the truth they so richly deserve. wrong to shut the Government down I urge every Member that pledges his under the illusion that somehow it will b 1200 or her desire for smaller government affect the decisions that I would make AFTER RECESS and lower taxes to follow through when on specific issues. It is wrong to shut the reconciliation bills come to the the Government down.’’ The recess having expired, the House This is what President Clinton said. was called to order by the Speaker pro floor. Then when he vetoes the supplemental tempore [Mr. PETRI] at 12 noon. f appropriations, in which there was a f AMERICA’S POOR ARE LOOKING prevent-shutdown-provision, he says, FOR WORKFARE WHILE AMERI- ‘‘I urge the Congress to remove these PRAYER CA’S WORKERS ARE FALLING extraneous provisions,’’ meaning the The Chaplain, Rev. James David INTO WELFARE shutdown legislation and a census pro- FORD, D.D., offered the following pray- (Mr. TRAFICANT asked and was vision, ‘‘and to send me,’’ now, get this, er: given permission to address the House Mr. Speaker, this is important; and the Enable us, O gracious God, to com- for 1 minute and to revise and extend President says, ‘‘and send me a prehend the vast reservoir of Your his remarks.) straightforward disaster relief bill that grace and to be fed by the height and Mr. TRAFICANT. Mr. Speaker, the I can sign promptly.’’ depth and width of Your blessings to us White House said the economy is great; Straightforward disaster relief bill, and to all people. When we stumble and they said the stock market is at a in his language, means one that does fall, You are there; when we stand on record high, spending is at a record not contain the prevent-shutdown-leg- the mountain with accomplishment high, and there have been 10 million islation which I offered and which was and pride, You are there; when we walk new jobs since 1992. Now, that sounds adopted by the House. through the valley of the shadow of de- Now, here is the rub. In this bill that great, except the stock market is a lot spair, Your spirit is with us. In our he finally signed after we, the Repub- of paper, individual debt is at a record prayer this day we offer our licans, removed the shutdown legisla- high, the trade deficit is at an all-time thanksgivings and gratitude for Your tion that had passed the House in order record, and most families need three or presence with us in all the moments of to achieve a compromise and allow the four of those jobs just to make ends our lives. This is our earnest prayer. disaster relief bill to be signed, in the meet. The truth is, Mr. Speaker, Amer- Amen. final bill that was signed were provi- ica’s poor are looking for workfare sions like this: $3 million for allocation f while America’s workers are falling by the Attorney General to the appro- into welfare. priate unit of Government in Ogden, THE JOURNAL Cite this: Since 1992, there have been UT, for necessary expenses for the Win- The SPEAKER pro tempore. The 6 million jobs lost. And of those 6 mil- ter Olympic Games. I ask, Mr. Speaker, Chair has examined the Journal of the lion workers who have tried to reenter what does that have to do with disaster last day’s proceedings and announces the work force, they have. And they relief? to the House his approval thereof. earn less than 50 percent on their new Now, the President signed the bill Pursuant to clause 1, rule I, the Jour- job than what they made on their old that had Winter Olympics funding in nal stands approved. job. H4140 CONGRESSIONAL RECORD — HOUSE June 23, 1997 Now, if that is great, beam me up, I, the Chair announces that he will Normally, under the Federal Tort Mr. Speaker. postpone further proceedings today on Claims Act, when someone sues a Fed- f each motion to suspend the rules on eral employee for acts occurring within which a recorded vote or the yeas and the scope of his or her employment, the TRADE WITH CHINA nays are ordered or on which the vote United States substitutes itself as the (Mr. BARRETT of Nebraska asked is objected to under clause 4 of rule party, defends the action, and pays any and was given permission to address XV. judgment. I believe that the commis- the House for 1 minute and to revise Such rollcall votes, if postponed, will sion is covered under the FTCA be- and extend his remarks.) be taken after debate has concluded on cause it is an independent establish- Mr. BARRETT of Nebraska. Mr. all motions to suspend the rules, but ment of the United States. Speaker, tomorrow the House will not before 5 p.m. today. For that reason, I initially believed again debate the continuation of nor- f we could resolve this matter by an ex- mal trade relations with China. This change of letters with the Department debate has become the whipping post FEDERAL TORT CLAIMS of Justice. After several weeks of on which to affix our concerns with a CLARIFICATION ACT study, the Department has not been host of issues which we have affecting Mr. HYDE. Mr. Speaker, I move to able to come to a clear resolution of China. suspend the rules and pass the bill Some opponents of trade with China, whether the commission is or is not (H.R. 1901) to clarify that the protec- while doing a good job in publicizing covered by the FTCA. With the com- tions of the Federal Tort Claims Act the Chinese Government’s atrocities, mission having already begun its work, apply to the members and personnel of are short-sighted. So, we cease trading I believe we must move forward with a the National Gambling Impact Study with China? Then what? Do we end dip- legislative solution. lomatic relations with China? Do we Commission. H.R. 1901 simply provides that for blockade China? Our relations are far, The Clerk read as follows: purposes of the Federal Tort Claims far too complicated to be lumped into a H.R. 1901 Act, the commission is a Federal agen- single vote on continuing normal trade Be it enacted by the Senate and House of Rep- cy and its members and employees are relations with China. resentatives of the United States of America in Federal employees. At the suggestion The House should debate a com- Congress assembled, of the gentleman from Michigan, Mr. prehensive China bill that will give the SECTION 1. APPLICABILITY OF FEDERAL TORT JOHN CONYERS, we have added language American people and China full knowl- CLAIMS PROVISIONS. that makes it clear that by acting ex- Section 6 of the National Gambling Impact plicitly in this case we will not by im- edge of the consequences of their be- Study Commission Act (18 U.S.C. 1955 note) havior and what our response will be. I is amended by adding at the end the follow- plication affect the FTCA’s status of urge my colleagues to continue normal ing: any other commission. trade relations with China. We cannot ‘‘(e) APPLICABILITY OF FEDERAL TORT As it does in all FTCA cases, the De- burn our trade with China on the short- CLAIMS PROVISIONS.—For purposes of sec- partment of Justice will still make the sighted assumption that China, a new tions 1346(b) and 2401(b) and chapter 171 of determination of whether the particu- China, will be born of its ashes. title 28, United States Code, the Commission lar conduct at issue is within the scope f is a ‘Federal agency’ and each of the mem- of employment. Thus, members and bers and personnel of the Commission is an employees of the commission will not TWO CHEERS FOR TITLE 9, WITH ‘employee of the Government’.’’. receive any special treatment; rather, MORE TO COME SEC. 2. CONSTRUCTION. they will receive the same treatment The amendment made by section 1 shall (Ms. NORTON asked and was given as all other Federal employees. This permission to address the House for 1 not be construed to imply that any commis- sion is not a ‘‘Federal agency’’ or that any of treatment will apply equally to all minute and to revise and extend her re- the members or personnel of a commission is members and employees of the com- marks.) not an ‘‘employee of the Government’’ for mission. The members and employees Ms. NORTON. Mr. Speaker, today is purposes of sections 1346(b) and 2401(b) and should not have to put their personal the 25th anniversary of a landmark chapter 171 of title 28, United States Code. assets at risk in order to serve their civil rights statute. Title 9 is sin- SEC. 3. EFFECTIVE DATE. country. For that reason, I urge the gularly responsible for remarkable The amendment made by section 1 shall be house to suspend the rules and pass the progress in eliminating sex discrimina- effective as of August 3, 1996. bill. tion from athletic and sports programs The SPEAKER pro tempore. Pursu- Mr. Speaker, I reserve the balance of in schools and colleges. ant to the rule, the gentleman from Il- my time. Two years before title 9’s effective linois [Mr. HYDE] and the gentleman Mr. FRANK of Massachusetts. Mr. date, an estimated 50,000 men, but only from Massachusetts [Mr. FRANK] each Speaker, I yield myself such time as I 50 women, were attending college on will control 20 minutes. may consume. athletic scholarships. Today, women The Chair recognizes the gentleman Mr. Speaker, I agree with what the account for $137 million in Division I from Illinois [Mr. HYDE]. gentleman from Illinois [Mr. HYDE] has athletic scholarships but men get $407 (Mr. HYDE asked and was given per- said about this bill. I do feel con- million. Way to go; but a long way to mission to revise and extend his re- strained to point out that I think these go, too. Title 9 requires equal allocation be- marks.) are unnecessary Federal employees tween male and female athletes. There Mr. HYDE. Mr. Speaker, I yield my- doing an unnecessary job. I still do not are very good reasons for insisting self such time as I may consume. understand why the Federal Govern- upon strict enforcement, and many of Mr. Speaker, today the House consid- ment thinks the States cannot handle them have little to do with athletics. ers H.R. 1901, a bill to clarify that the this. But as long as we have set up this Girls who participate in sports are protections of the Federal Tort Claims commission, over my objection, there more likely to graduate from high Act apply to members and employees is no reason to immunize these com- school and from college and have less of the National Gambling Impact missioners. depression. Study Commission. The Federal Tort Claims Act is a per- Surely these are reasons enough to Last year, we authorized the Com- fectly sensible approach. I have to say restore enforcement funds for States mission to conduct a comprehensive 2- it is unlikely that any of the commis- that Congress ripped out of title 9 last year study of the impact of gambling sioners are going to get sued. I am not year. For now, only two cheers for title on the United States. The members of sure for what. I do not think counting 9, with more to come. the commission have now been ap- cards at a casino where they play f pointed and the commission held its blackjack is a suable offense. But in first meeting last Friday. Two mem- case it is, if the commissioners are ANNOUNCEMENT BY THE SPEAKER bers of the commission have called me sued for tortious interfering with other PRO TEMPORE regarding their concerns about incur- people’s gambling, they will be able to The SPEAKER pro tempore. Pursu- ring personal liability as a result of defend themselves under the Federal ant to the provisions of clause 5 of rule their work on the commission. Tort Claims Act. This seems to me a June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4141 perfectly reasonable solution to a prob- Mr. FRANK of Massachusetts. Mr. ‘‘(1) in any filing by the donor with the In- lem which we should not have allowed Speaker, I yield back the balance of ternal Revenue Service; or to arise in the first place. my time. ‘‘(2) in any schedule, form, or written docu- ment provided by or on behalf of the donee Mr. CONYERS. Mr. Speaker, I rise in sup- Mr. HYDE. Mr. Speaker, I have no to the donor; port of this legislation amending the National further requests for time and I yield shall be conclusively presumed for the pur- Gambling Impact Study Commission. Chair- back the balance my time. poses of this Act to be respectively a chari- man HYDE introduced this bill after two of the The SPEAKER pro tempore. The table gift annuity or a charitable remainder Commissioners, James Dobson, president of question is on the motion offered by trust, unless there has been a final deter- Focus on the Family, and Kay James, dean of the gentleman from Illinois [Mr. HYDE] mination by the Internal Revenue Service Regent University, refused to serve on the that the House suspend the rules and that, for fraud or otherwise, the donor’s an- commission unless they were assured that pass the bill, H.R. 1901. nuity or trust did not qualify respectively as a charitable gift annuity or charitable re- they cannot be sued for their work on the The question was taken; and (two- mainder trust when created. Commission. Apparently, Mr. Dobson served thirds having voted in favor thereof) ‘‘(d) LIMITATION.—Subsections (a) and (b) on a pornography commission in the 1980's at the rules were suspended and the bill shall not apply with respect to the enforce- which time he was sued over his work on the was passed. ment of a State law similar to any of the commission. Although the Department of Jus- A motion to reconsider was laid on antitrust laws, with respect to charitable tice eventually did defend him, it was only be- the table. gift annuities, or charitable remainder cause the Attorney General had been named trusts, created after the State enacts a stat- f ute, not later than December 8, 1998, that ex- in the same suit. GENERAL LEAVE pressly provides that subsections (a) and (b) Now, because the Department of Justice will shall not apply with respect to such chari- not agree that a member of the Gambling Mr. HYDE. Mr. Speaker, I ask unani- table gift annuities and such charitable re- Commission is a Federal employee for pur- mous consent that all Members may mainder trusts.’’; and poses of liability under the Federal Tort Claims have 5 legislative days within which to (2) in section 3— (A) by striking paragraph (1); YDE revise and extend their remarks on Act, Chairman H has introduced this legis- (B) by redesignating paragraph (2) as para- lation specifically providing that the Gambling H.R. 1901. graph (1); Commission is a Federal agency under FTCA The SPEAKER pro tempore. Is there (C) by inserting after paragraph (1), as so and that all members and personnel of the objection to the request of the gen- redesignated, the following: Commission are Federal employees under the tleman from Illinois? ‘‘(2) CHARITABLE REMAINDER TRUST.—The act. There was no objection. term ‘charitable remainder trust’ has the The legislation also includes a rule of con- meaning given it in section 664(d) of the In- f ternal Revenue Code of 1986 (26 U.S.C. struction making it clear that this bill does not CHARITABLE DONATION 664(d)).’’; imply that other commissions or other mem- (D) by redesignating paragraphs (4) and (5) bers or personnel on other commissions are ANTITRUST IMMUNITY ACT OF 1997 as paragraphs (5) and (6), respectively; and not covered by the FTCA. Mr. HYDE. Mr. Speaker, I move to (E) by inserting after paragraph (3) the fol- Given the fact that two commissioners may suspend the rules and pass the bill lowing: resign without assurances that they will not be ‘‘(4) FINAL DETERMINATION.—The term (H.R. 1902) to immunize donations ‘final determination’ includes an Internal sued for their work, I understand the desire to made in the form of charitable gift an- Revenue Service determination, after ex- quickly pass this legislation. Nonetheless, I do nuities and charitable remainder trusts haustion of donor’s and donee’s administra- have some concerns. from the antitrust laws and State laws tive remedies, disallowing the donor’s chari- When we have created other commissions similar to the antitrust laws. table deduction for the year in which the ini- in the past, we have been silent as to whether The Clerk read as follows: tial contribution was made because of the or not the commissioners were covered by the H.R. 1902 donee’s failure to comply at such time with the requirements of section 501(m)(5) or Federal Tort Claims Act. I don't know whether Be it enacted by the Senate and House of Rep- we assumed they were covered or we as- 664(d), respectively, of the Internal Revenue resentatives of the United States of America in Code of 1986 (26 U.S.C. 501(m)(5), 664(d)).’’. sumed they weren't covered, but it seems to Congress assembled, SEC. 3. APPLICATION OF ACT. me that we should consider the consequences SECTION 1. SHORT TITLE. This Act, and the amendments made by of what it means to change the law to clearly This Act may be cited as the ‘‘Charitable this Act, shall apply with respect to all con- cover such individuals. This issue is likely to Donation Antitrust Immunity Act of 1997’’. duct occurring before, on, or after the date of come up again since I would imagine that SEC. 2. IMMUNITY FROM ANTITRUST LAWS. the enactment of this Act and shall apply in other people might also be hesitant to serve The Charitable Gift Annuity Antitrust Re- all administrative and judicial actions pend- on future commissions without assurances lief Act of 1995 (15 U.S.C. 37 et seq.) is amend- ing on or commenced after the date of the that they will be defended in the event of suits, ed— enactment of this Act. particularly given that at least the Gambling (1) by amending section 2 to read as fol- SEC. 4. STUDY AND REPORT. (a) STUDY AND REPORT.—The Attorney Commissioners now have this protection. lows: ‘‘SEC. 2. IMMUNITY FROM ANTITRUST LAWS. General shall carry out a study to determine I think it would be very useful for the com- the effect of this Act on markets for non- mittee to hold hearings considering the defini- ‘‘(a) INAPPLICABILITY OF ANTITRUST LAWS.— Except as provided in subsection (d), the charitable annuities, charitable gift annu- tions of Federal agency and employee of the antitrust laws, and any State law similar to ities, and charitable remainder trusts. The Government under the Federal Tort Claims any of the antitrust laws, shall not apply to Attorney General shall prepare a report sum- Act. There are questions not only as to wheth- charitable gift annuities or charitable re- marizing the results of the study. er commissions are covered, but as to wheth- mainder trusts. (b) DETAILS OF STUDY AND REPORT.—The report referred to in subsection (a) shall in- er committees, boards and other quasi-gov- ‘‘(b) IMMUNITY.—Except as provided in sub- clude any information on possible inappro- ernmental organizations are covered as well. section (d), any person subjected to any legal proceeding for damages, injunction, pen- priate activity resulting from this Act and Since the Federal Tort Claims Act is unclear any recommendations for legislative in this regard, perhaps the best course of ac- alties, or other relief of any kind under the antitrust laws, or any State law similar to changes, including recommendations for ad- tion would be to amend that act itself to be any of the antitrust laws, on account of set- ditional enforcement resources. (c) SUBMISSION OF REPORT.—The Attorney clear as to which governmental and quasi-gov- ting or agreeing to rates of return or other General shall submit the report referred to ernmental entities are covered. terms for, negotiating, issuing, participating in subsection (a) to the Chairman and the The bottom line is that we shouldn't have to in, implementing, or otherwise being in- ranking member of the Committee on the guess as to whether or not a certain entity is volved in the planning, issuance, or payment Judiciary of the House of Representatives, of charitable gift annuities or charitable re- covered by the Federal Tort Claims Act. If the and to the Chairman and the ranking mem- mainder trusts shall have immunity from law is unclear, we should determine what ber of the Committee on the Judiciary of the suit under the antitrust laws, including the should be covered and then make certain that Senate, not later than 27 months after the right not to bear the cost, burden, and risk those entities are covered. I hope the chair- date of the enactment of this Act. of discovery and trial, for the conduct set The SPEAKER pro tempore. Pursu- man will consider holding hearings and per- forth in this subsection. haps even moving legislationÐshould it be ap- ‘‘(c) TREATMENT OF CERTAIN ANNUITIES AND ant to the rule, the gentleman from Il- propriateÐto clear up this morass. TRUSTS.—Any annuity treated as a chari- linois [Mr. HYDE] and the gentleman In the meantime, however, I support the table gift annuity, or any trust treated as a from Massachusetts [Mr. FRANK] each passage of this legislation. charitable remainder trust, either— will control 20 minutes. H4142 CONGRESSIONAL RECORD — HOUSE June 23, 1997 The Chair recognizes the gentleman Act of 1997, amends the 1995 act for trust conspiracy and charged that the charities' from Illinois [Mr. HYDE]. that purpose. H.R. 1902 provides anti- tax exempt status was fraudulent. Despite (Mr. HYDE asked and was given per- trust protection for charitable gift an- Congress' clear intent, rather than throw these mission to revise and extend his re- nuities and charitable remainder frivolous allegations out, the courts have con- marks.) trusts, and grants immunity from anti- tinued to allow the case to proceed, allowing GENERAL LEAVE trust suit to any person involved in is- the parties to engage in discovery. As a result, Mr. HYDE. Mr. Speaker, I ask unani- suing or selling those annuities or the charities continue to face the risk of bil- mous consent that all Members may trusts. It establishes a conclusive pre- lions of dollars in damages and millions of dol- have 5 legislative days to revise and ex- sumption that a particular instrument lars in legal fees. tend their remarks on the bill under is a charitable gift annuity or chari- This bill would strengthen last year's law to consideration. table remainder trust if the donor has clarify that actions by professionals associated The SPEAKER pro tempore. Is there treated it as one in filings with the In- with charitable gift annuities are not subject to objection to the request of the gen- ternal Revenue Service, or if the donee the antitrust laws, and create a conclusive pre- tleman from Illinois? has treated it as one in documents pro- sumption of coverage to entities treated as There was no objection. vided to the donor. However, the con- charities by the IRS. This should end the Mr. HYDE. Mr. Speaker, I yield my- clusive presumption would not be wasteful litigation and allow the charities to self such time as I may consume. Mr. Speaker, I would state that in available if the Internal Revenue Serv- focus their resources on better serving our 1995, Congress learned of an assault on ice has made a final determination communities. charitable giving that was being waged that the annuity or trust was not This law is narrowly crafted and specific. It in a class action lawsuit underway in qualified under the revenue laws. will do no damage to the letter or spirit of our the Federal court in Texas. The defend- H.R. 1902 is a bipartisan effort to re- antitrust laws. The language has been care- ants in the case, a collection of chari- draft legislation to ensure that the fully reviewed by the Justice Department and table organizations which included the courts will interpret the law in a man- they have voiced no objections to the bill. I Lutheran Church, the United Way, and ner consistent with congressional in- urge the Members to join me in supporting this Northwestern University, stood ac- tent. The gentleman from Michigan important legislation. cused of violating the antitrust laws by [Mr. CONYERS], the ranking member, Mr. FRANK of Massachusetts. Mr. agreeing to use the same annuity rate and I have worked closely on this legis- Speaker, I believe that the distin- when is offering donors charitable gift lation to ensure that the exemption is guished chairman has explained this annuities. drawn as narrowly as possible while quite adequately. Charitable gift annuities are a vehi- still achieving our goal. A companion Mr. Speaker, I have no requests for cle for charitable giving. The donor bill has been introduced in the Senate time, and I yield back the balance of gives a charitable organization a sum by Senators COVERDELL, DODD, and my time. of money. In return, the donor receives DEWINE, and I anticipate it will receive Mr. HYDE. Mr. Speaker, I yield back a charitable deduction and the agree- swift consideration in that body. I also the balance of my time. ment of the donee to pay back a fixed should mention the Antitrust Division The SPEAKER pro tempore [Mr. income for life. Depending on the annu- of the Department of Justice has indi- PETRI]. The question is on the motion ity rate used, the value of the life in- cated they have no objection to the offered by the gentleman from Illinois come in relation to the total donation new language. [Mr. HYDE] that the House suspend the fluctuates, as does the amount of the Mr. Speaker, in these days of fiscal rules and pass the bill, H.R. 1902. charitable deduction. conservatism we are asking our com- The question was taken; and (two- Finding that there were strong public munities to do more and more. With thirds having voted in favor thereof) policy reasons to protect charitable or- the help of charitable organizations, we the rules were suspended and the bill ganizations from antitrust suits in this stretch our government dollars to feed was passed. context, the 104th Congress enacted the more hungry people, build homes for A motion to reconsider was laid on Charitable Gift Annuity Antitrust Re- the poor, and care for the less fortu- the table. lief Act of 1995. That act specifies that nate. Every dollar raised by these orga- f it is not a violation of the antitrust nizations is needed to help in the mis- VETERANS’ CEMETERY laws for section 501(c)(3) organizations sion of the charity. By enacting H.R. PROTECTION ACT OF 1997 to agree to use the same annuity rate 1902, we are making sure that these Mr. HYDE. Mr. Speaker, I move to when issuing charitable gift annuities. scarce resources are not used to pay The bill was unanimously approved in suspend the rules and pass the bill lawyers to defend a lawsuit that Con- (H.R. 1532) to amend title 18, United the House by a vote of 427 to 0; the Sen- gress has deemed meritless, but instead ate passed the House bill by voice vote. States Code, to create criminal pen- to contribute to the strength of our alties for theft and willful vandalism The expectation was that the act would communities. lead to the dismissal of the class action at national cemeteries, as amended. Mr. CONYERS. Mr. Speaker, as the Mem- The Clerk read as follows: suit and an end to the Texas case. bers of this House well know I am a strong Alas, this has not been the result. H.R. 1532 supporter of vigorous enforcement of the anti- When the 1995 act was asserted as a de- Be it enacted by the Senate and House of Rep- trust laws, and as a general matter I do not fense in the case, the judge denied the resentatives of the United States of America in motion to dismiss, citing new allega- favor any exemptions or exclusions from the Congress assembled, tions and issues of fact which were al- antitrust laws or legislation which would impact SECTION 1. SHORT TITLE. legedly raised under the act. The pending cases. This Act may be cited as the ‘‘Veterans’ However, when it comes to beneficial coop- Court’s rulings make it clear that in Cemetery Protection Act of 1997’’. order to achieve the goal we originally erative activity by charities I believe there is SEC. 2. SENTENCING FOR VANDALISM AT NA- no legitimate role for the antitrust laws. This is TIONAL CEMETERIES. intended, that is, to protect this kind (a) General Rule.—Pursuant to its authority of charitable fundraising from the anti- why when I learned last year that a group of plaintiffs had brought an unfounded antitrust under section 994 of title 28, United States trust laws, we must act again. Two is- Code, the United States Sentencing Commis- sues in particular must be clarified: action against a large number of charities who sion shall review and amend the sentencing that all activity related to the issuance had agreed to use a common formula in offer- guidelines to provide a sentencing enhance- of a charitable gift annuity is pro- ing gift annuities, I cosponsored with Chair- ment for any offense against any property of tected, and that the Internal Revenue man HYDE H.R. 2525. That legislation granted a national cemetery— Service, not the district court, is the an antitrust immunity for charities offering gift (1) by at least 4 levels if the offense in- volves the willful injury to or depredation arbiter of whether a particular annuity annuities and eventually passed the Congress unanimously and was signed into law by the against such property, and meets the criteria of a charitable gift (2) by at least 6 levels if the offense in- annuity. President. volves the knowing theft, conversion, or un- Unfortunately, subsequent to the law's b 1215 lawful sale or disposition of such property. enaction, the plaintiffs amended their com- (b) COMMISSION DUTY.—In carrying out sub- The bill before us today, the Chari- plaint to allege that the charities' accountants section (a), the Sentencing Commission shall table Donation Antitrust Immunity and lawyers had also participated in the anti- ensure that the sentences, guidelines, and June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4143 policy statements for offenders convicted of gust with vandals and thieves who have have died fighting this country’s wars. offenses described in subsection (a) are ap- no regard for the sacrifices made by That is why it sickens me when I hear propriately severe and reasonably consistent this country’s veterans. Many of our of degenerates desecrating our national with other relevant directives and with other veterans gave their lives to protect our cemeteries. guidelines. (c) DEFINITION.—For the purposes of this cherished freedoms, and when their In June 1996, Riverside National Cem- section, the term ‘‘national cemetery’’ grave sites are desecrated by foul etery, the second largest in the Nation means a cemetery in the National Cemetery words and pictures and graffiti, it of- next to Arlington, fell prey to a thief System established under section 2400 of fends the dignity and sense of honor who stole bronze markers from 128 title 38 and a cemetery under the jurisdic- shared by all Americans. graves, who later sold them for a prof- tion of the Secretary of the Army, the Sec- In a speech called ‘‘Vision of War’’ it. Horribly, this theft was discovered retary of the Navy, the Secretary of the Air given in Indianapolis in 1876, Robert on Father’s Day by family members Force, or the Secretary of the Interior. Green Ingersoll eloquently honored our who had come to pay their respects. On The SPEAKER pro tempore. Pursu- veterans when he said: April 19, vandals spray-painted racist ant to the rule, the gentleman from Il- These heroes are dead. They died for lib- and profane words on cemetery walls at linois [Mr. HYDE] and the gentleman erty; they died for us. They are at rest. They the National Memorial Cemetery of the from Massachusetts [Mr. FRANK] each sleep in a land they made free, under the flag Pacific in Hawaii, located inside the will control 20 minutes. they rendered stainless, under the solemn district of the gentleman from Hawaii The Chair recognizes the gentleman pines, the tearful willows, the embracing vines. They sleep beneath the shadows of the [Mr. ABERCROMBIE]. from Illinois [Mr. HYDE]. Mr. Speaker, enough is enough. The Mr. HYDE. Mr. Speaker, I yield my- clouds, each in a windowless palace of rest. Earth may run red with other wars; they are Veterans’ Cemetery Protection Act self such time as I may consume. at peace. In the midst of battles, in the roar would stiffen criminal penalties for (Mr. HYDE asked and was given per- of conflict, they found the serenity of death. theft and malicious vandalism at na- mission to revise and extend his re- Mr. Speaker, when our national tional cemeteries. marks.) cemeteries are desecrated and de- H.R. 1532 will require the U.S. Sen- Mr. HYDE. Mr. Speaker, the goal of stroyed, the peace that our veterans, tencing Commission to review and H.R. 1532, the Veterans’ Cemetery Pro- their spouses, children, and friends so amend the sentencing guidelines to en- tection Act, is one which I whole- richly deserve, is disturbed. We honor hance penalties resulting from na- heartedly support, sending a strong our Nation’s heroes today by passing tional cemetery desecrations and theft. message to criminals who would dese- this legislation which underscores our The bill increases by four levels the crate or destroy property at a national intolerance of damage and theft at our punishment levied by a judge if the of- cemetery, that the United States will national cemeteries. fense involves the willful injury or dep- not tolerate such disrespect of its vet- Mr. Speaker, I reserve the balance of redation against a national cemetery. erans. Such cowardly crimes can only my time. It also increases by six levels the pun- be performed by people who choose to Mr. FRANK of Massachusetts. Mr. ishment levied by a judge if the offense ignore the sacrifices of those men and Speaker, I yield myself such time as I involves the knowing theft, conversion, women who have served proudly and may consume. or unlawful sale or disposition of na- bravely in the U.S. Armed Forces. Mr. Speaker, the desecration of tional cemetery property. Judges will As originally introduced by the gen- graves is a particularly despicable act. continue to have the discretion of ap- tleman from California [Mr. CALVERT], It clearly bespeaks simply malice. No plying fines up to $250,000 in such cases. H.R. 1532 created a new Federal crime one can ever claim any necessity. No H.R. 1532 seeks to protect the 114 VA of vandalism and theft at a national one can ever claim to be driven by cir- national cemeteries, along with other cemetery. The Committee on the Judi- cumstances to do so vicious a thing. cemeteries under the jurisdiction of ciary adopted an amendment which in- The harm it does to survivors is intol- the Secretary of the Army, the Sec- structs the Sentencing Commission to erable. I think it is entirely appro- retary of the Navy, the Secretary of review and amend its guidelines to pro- priate that we express our desire that the Air Force and the Secretary of the vide a sentencing enhancement for any the sentences be increased. I concur Interior. offense against property of a national with this piece of legislation. Joseph Frank, national commander cemetery. Under this approach, vandals Mr. Speaker, I reserve the balance of of the American Legion, stated, who destroy national cemetery prop- my time. Deliberate acts of vandalism against the erty will still receive the strong, swift Mr. HYDE. Mr. Speaker, I yield 5 final resting place of America’s fallen com- punishment they deserve. minutes to the distinguished gen- rades must not be tolerated. According to This issue strikes a national nerve, tleman from California [Mr. CALVERT]. the Paralyzed Veterans of America News, and I am grateful to the gentleman Mr. CALVERT. Mr. Speaker, I want Demeaning and degrading the final resting from California [Mr. CALVERT] for his to thank the gentleman from Illinois place of veterans who made the ultimate sac- dedication and concern for our veter- [Mr. HYDE], the chairman, for the good rifice for the Nation and their loved ones ans. He introduced H.R. 1532 on May 6, work in moving this important bill for- strikes at all veterans and all Americans. 1997, only 11⁄2 months ago, and today ward. This bill addresses their concerns. his bill has nearly 250 cosponsors. The Mr. Speaker, I rise today with the The Veterans’ Cemetery Protection gentleman from Hawaii [Mr. ABER- gentleman from Hawaii [Mr. ABER- Act has received the endorsement and CROMBIE] has also been actively sup- CROMBIE] in support of the Veterans’ support of numerous veterans and mili- porting this legislation. Cemetery Protection Act. I would like tary organizations. I wish to recognize The bill, as amended, directs the Sen- to thank the gentleman from Florida and thank the men and women of the tencing Commission to increase a sen- [Mr. MCCOLLUM], chairman of the Sub- Non-Commissioned Officers Associa- tence by at least four levels if property committee on Crime, for moving this tion of the United States of America, of a national cemetery is injured or de- bill forward, and again certainly the the Paralyzed Veterans of America, the faced, and by at least six levels if such gentleman from Illinois [Mr. HYDE] for American Legion, the Fleet Reserve property is stolen or unlawfully sold. their help and guidance in getting this Association, the Enlisted Association Criminals will still be charged and con- bill to the floor so quickly. I particu- of the National Guard, the Veterans of victed under the existing sections of larly want to thank the Committee on Foreign Wars, the Disabled American the criminal code. However, in the case the Judiciary for the perfecting amend- Veterans, the Blinded Veterans Asso- of theft or damage of property at a na- ment at the subcommittee markup. ciation, AM–VETS and others who tional cemetery, the Sentencing Com- Mr. Speaker, whenever a young man have expressed their support for this mission will ensure that those persons or woman decides to enter the mili- legislation. Let there be no doubt, this are punished more severely than if the tary, they do so voluntarily, in order to is Congress’ gift to them. damage was to less significant and sa- protect our country and guard us I also wish to thank over 250 Mem- cred Federal property. against the uncertainties of the world. bers of Congress who cosponsored this I believe this approach is the most ef- Sometimes they make the ultimate bill. Being so close to Independence fective way to express Congress’s dis- sacrifice. Over 1 million Americans Day, I invite my colleagues to support H4144 CONGRESSIONAL RECORD — HOUSE June 23, 1997 passage of the Veterans’ Cemetery Pro- Obviously, Mr. Speaker, my col- tional Memorial Cemetery. These acts tection Act as a small gift to our Na- leagues can tell from the list of indi- were an insult to the people buried tion’s veterans. viduals that I have spoken about today there, their families and the entire Ha- Again, I would like to thank the gen- that this is a nonpartisan bill. It has waii community. I feel deeply for the tleman from Hawaii [Mr. ABERCROMBIE] nothing to do with political parties; it relatives who are still experiencing the for moving this bill forward and get- has everything to do with our regard pain caused by this outrage. ting it done before Independence Day. for the United States of America and Mr. Speaker, I can scarcely get Mr. FRANK of Massachusetts. Mr. the symbolic importance of what is in- across today in words the anguish that Speaker, I yield 8 minutes to the gen- volved in the Veterans’ Cemetery Pro- people felt when viewing the cir- tleman from Hawaii [Mr. ABERCROM- tection Act. cumstances of the vandalism at Punch- BIE]. Mr. Speaker, today then I rise to bowl and elsewhere. What still gives Mr. ABERCROMBIE. Mr. Speaker, voice my strong support for H.R. 1532, one faith in the human spirit to tri- before I make my remarks, I would the Veterans’ Cemetery Protection Act umph over tragedy is the pure unself- like to extend my gratitude to the gen- of 1997 which I am introducing, as I in- ishness of the State and local govern- tleman from California [Mr. CALVERT]. dicated, along with my colleague from ment, veterans groups and community I have had the pleasure of working California [Mr. CALVERT]. This bill in- individuals who stepped up to the task with him in the Subcommittee on En- structs the U.S. Sentencing Commis- of repairing the damage. Currently the ergy and Mineral Resources of the sion to significantly increase the estimated costs of repairing and clean- Committee on Resources where he was criminal penalties for theft and wilful ing up these cemeteries is between the chair and I was the ranking mem- vandalism at national cemeteries. The $20,000 and $25,000. ber on that committee. We got to know penalties under this bill are clear and Almost immediately Governor Ben- each other very well, able to under- would send an unmistakable message jamin Cayetano pledged to mobilize stand our problems and work to solve to those who chose to desecrate the veterans, active duty U.S. military, the them in a mutual fashion. It turns out final resting place of our veterans. Hawaii National Guard and youth by sad coincidence that we had a mu- In a national cemetery anyone con- groups like the Hawaii Youth Chal- tual interest in the Veterans’ Cemetery victed of vandalism that causes a dam- lenge. He asked Maj. Gen. Edward Protection Act. age of less than $1,000 can be fined and Richardson, the State Adjutant Gen- Mr. Speaker, I will relate to Members serve a maximum prison term of 1 eral, and Walter Ozawa, Veterans Serv- in the course of my remarks the cir- year. Anyone convicted of vandalism ices Director, to work with Adm. Jo- cumstances that took place at Punch- that exceeds $1,000 can receive pen- seph Prueher, the Pacific Commander bowl and elsewhere out in the Hawai- alties of a maximum 10-year prison in Chief, to enlist help in the joint ian Islands with respect to the desecra- term and a fine. In addition, anyone cleanup effort. tion of our cemeteries there. It was convicted of hiding, stealing or selling The human spirit was renewed by the with an equal degree of sadness that I national cemetery property could be efforts of the Paralyzed Veterans of learned that the gentleman from Cali- sentenced to a maximum 15-year prison America, whose president, Ken Huber, fornia [Mr. CALVERT] had experienced term and corresponding fine. called the desecration of the national similar problems and difficulties in Mr. Speaker, I know for some Mem- cemetery an unconscionable act and af- Riverside and we found out that this bers this may be almost the first time front to all the men and women in the was in fact a nationwide problem. With they are hearing this kind of discus- Armed Services. The Paralyzed Veter- his usual regard for acting quickly on sion. It may sound to them almost im- ans notified Secretary of Veterans Af- matters, the gentleman from Califor- possible that anyone would be hiding, fairs Jesse Brown that on behalf of the nia [Mr. CALVERT] and I were able to stealing or selling national cemetery PVA members and in recognition of the put together this bill and receive the property, but unfortunately this is a sacrifices of all veterans the PVA kind and prompt attention of the gen- fact of contemporary life. The time to would cover the cost of repairing and tleman from Illinois [Mr. HYDE] in the act on this legislation therefore is now. restoring the national cemetery. Other Committee on the Judiciary. I am sure How many more times do we want to local Hawaii veterans groups posted re- I am speaking for the gentleman from open the newspaper, listen to a radio ward moneys for information leading California [Mr. CALVERT] and myself in account, or watch the evening news to the apprehension and conviction of expressing not only our personal regard and learn of another act of shocking these vandals. to the gentleman from Illinois [Mr. desecration occurring at one of our na- The spirit was further renewed by the HYDE], but with respect to this particu- tional cemeteries? actions of individuals, more than 700 of lar legislation, the promptness with Let me recount the most recent ex- whom signed up to help at Punchbowl which the gentleman and his staff dealt amples for my colleagues. In 1994, a Cemetery. Because of the expertise and with this particular bill is something grave was opened at Ball’s Bluff Na- harmful chemicals required for most of to be admired and we are very, very tional Cemetery, and the remains of the cleanup, only a handful could be grateful to him. the soldier were scattered about pre- used at any one time. But that did not I want to thank the gentleman from sumably by a relic hunter. stop Vi DeCaires from working to clean Florida [Mr. MCCOLLUM] as well for In 1996, Riverside National Cemetery, a grave, scrubbing the granite marker making a significant contribution in as the gentleman from California [Mr. with a toothbrush. She said the people improving the bill. I am sure that the CALVERT] indicated, the second largest buried here have given so much to us. gentleman from California [Mr. CAL- national cemetery in the Nation, was I just wanted to give back. VERT] agrees with me that the amend- vandalized by a person or persons who Dorothy Tamashiro volunteered be- ments that were put in during commit- stole engraved bronze markers from 128 cause her husband Harold is buried at tee have been very, very beneficial to graves. A few months before, thieves Punchbowl. He was a member of the the bill. stole over 500 markers from a storage World War II 100th Infantry Battalion. facility at the cemetery. They at- According to Dorothy, ‘‘when I saw the b 1230 tempted to sell the markers to a recy- news I started to cry. So when the I want to thank the gentleman from cling plant for financial gain. phone number came up on the screen I Arizona [Mr. STUMP] for his interest Finally, the most recent act of wilful volunteered.’’ right from the very, very beginning, vandalism, which occurred in Hawaii Then there was Lilla LeVine, who obviously with his background and ex- and New Jersey. On April 19, 1997 seven worked to clean the grave of Army Sgt. perience in the Committee on Veter- Oahu cemeteries, including the Hawaii Maj. Earl R. Davidson, a veteran of ans’ Affairs; nonetheless, his approval Veterans’ Cemetery in Kaneohe and World War II, Korea, and Vietnam. of and support for the bill has been the National Memorial Cemetery of the ‘‘How sad to think he did all this and very valuable in moving it forward to Pacific at Punchbowl were vandalized. this would happen to him,’’ she said. this point. I want to thank the gen- Racist and profane words were spray- ‘‘He is a person, not just a stone.’’ ‘‘He tleman from Massachusetts [Mr. painted on grave markers, cemetery is a person, not just a stone. He had a FRANK] for his interest in the bill. walls and even on the chapel of the Na- life and a family and he fought for his June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4145 country through three wars. I hope he Mr. Gene Castenetti, who is the direc- Act, which would create specific criminal pen- knows we are taking care of this as tor at Punchbowl, and would be de- alties for acts of vandalism at national ceme- much as we can.’’ lighted to work with you and the gen- teries. And most recently, on May 18, van- tleman from Arizona [Mr. STUMP] and It is only because of the sacrifice of Ameri- dalism estimated at $10,000 darkened anyone else who is interested in seeing can's veterans that we enjoy the blessings of the sky of the 133-year-old Beverly, to it that we might make those kinds liberty today. It is now our duty to honor their New Jersey National Cemetery where of improvements. memory by swiftly and severely punishing Veterans of Foreign War posts from Mr. HYDE. I hope more than I am in- those who deface their graves. throughout the State have come to- terested in that because the impact, Mr. FRANK of Massachusetts. Mr. gether on each Memorial Day for 52 the emotional impact on seeing it at Speaker, I yield back the balance of years. Vandals tore down flagpoles, Normandy or in Arlington is powerful, my time. pulled memorial benches from their ce- and it ought to be reproduced, in my Mr. HYDE. Mr. Speaker, I yield back ment foundations and ruined the en- opinion, in Punchbowl. the balance of my time. trance garden. Here again veterans Mr. Speaker, I yield as much time as The SPEAKER pro tempore (Mr. groups have posted reward moneys for he may consume to the gentleman PETRI). The question is on the motion information leading to the apprehen- from Arizona [Mr. STUMP]. offered by the gentleman from Illinois sion of the vandals as well as money to (Mr. STUMP asked and was given [Mr. HYDE] that the House suspend the repair the damages to the cemetery. permission to revise and extend his re- rules and pass the bill, H.R. 1532, as I am pleased to inform my colleagues marks.) amended. on both sides of the aisle that because Mr. STUMP. Mr. Speaker, I rise in The question was taken. of the efforts of a number of individ- strong support of H.R. 1532, the Veter- Mr. DICKS. Mr. Speaker, I object to uals and groups, the last of the hate ans Vandalism Act of 1997. the vote on the ground that a quorum messages and graffiti was removed just At the end of the 50th anniversary is not present and make the point of prior to Memorial Day at Punchbowl celebration of World War II, I had the order that a quorum is not present. with the help of the $21,000 donated privilege of visiting this cemetery The SPEAKER pro tempore. Pursu- thus far to the cleanup. Vandals can along with the gentleman from Illinois ant to clause 5 of rule I, and the Chair’s never ‘‘tarnish what our heroes have [Mr. HYDE] and the gentleman from Ha- prior announcement, further proceed- left us,’’ Honolulu Mayor Jeremy Har- waii [Mr. ABERCROMBIE], and it truly is ings on this motion will be postponed. ris said during the Memorial Day cere- one of the most beautiful in our sys- The point of no quorum is considered mony. tem, and I would like to associate my- withdrawn. Today we are responding to the call self with the remarks he made as far as f to keep our heroes untarnished with proper markings on these headstones. NEED-BASED EDUCATIONAL AID the introduction of this act. Our Con- This cemetery is the final resting ANTITRUST PROTECTION ACT OF stitution provides many freedoms and place for more than 39,000 members of 1997 rights. It does not provide us the right our armed services and their families. to physically destroy what is not ours, The cemetery also has a wall inscribed Mr. SMITH of Texas. Mr. Speaker, I even if it is to send a message. With with the names of more than 28,000 move to suspend the rules and pass the rights come responsibilities, and it is servicemen, both men and women, who bill (H.R. 1866) to continue favorable our responsibility today as Members of are missing in action, lost, or buried at treatment for need-based educational Congress to ensure the right to be laid sea during World War II, the Korean aid under the antitrust laws. to rest in hallowed ground, like those war, and the Vietnam war. The Clerk read as follows: men and women who have made the ul- Mr. Speaker, these veterans’ ceme- H.R. 1866 timate sacrifice for our Nation, is not teries are national shrines. The appall- Be it enacted by the Senate and House of Rep- compromised or profaned. ing acts of one of America’s most sig- resentatives of the United States of America in Mr. HYDE. Mr. Speaker, I yield my- nificant cemeteries in Hawaii defies Congress assembled, self such time as I may consume before comprehension. Surviving members of SECTION 1. SHORT TITLE. yielding to the gentleman from Ari- the families and the other 5 million an- This Act may be cited as the ‘‘Need-Based zona [Mr. STUMP] simply to say that nual visitors should not be subjected to Educational Aid Antitrust Protection Act of while we are on the subject of the 1997’’. Punchbowl Cemetery, which is one of such disrespectful acts. I would like to especially thank the SEC. 2. CONTINUATION OF FAVORABLE TREAT- the most beautiful places in the world, MENT FOR NEED-BASED EDU- it seems to me we ought to have at the gentleman from Illinois [Mr. HYDE], CATIONAL AID UNDER THE ANTI- chairman of the committee, for bring- TRUST LAWS. grave sites crucifixes and Stars of (a) AMENDMENTS.—Section 568 of the Im- David and other appropriate markers. ing this bill to the floor and all of his work, the gentleman from California proving America’s Schools Act of 1994 (15 They have a flat marker on the ground, U.S.C. 1 note) is amended— and if one stands there and look, they [Mr. CALVERT] for introducing the bill, (1) in the heading of subsection (a) by would not know it was a cemetery be- and also to the gentleman from Hawaii striking ‘‘TEMPORARY’’, cause they cannot see the graves. One [Mr. ABERCROMBIE]. (2) by striking subsection (d), and has to walk up and look at each mark- Mr. CANADY of Florida. Mr. Speaker, I rise (3) by redesignating subsection (e) as sub- er. today in support of the Veterans' Cemeteries section (d). (b) EFFECTIVE DATE.—The amendments Mr. Speaker, if we go to Normandy or Protection Act of 1997. I was deeply concerned when I learned that made by subsection (a) shall take effect im- we go out here to Arlington, we know mediately before September 30, 1997. that we are in a very special place and vandals had cruelly defaced the graves of our The SPEAKER pro tempore. Pursu- the emotions that are reached by look- Nation's fallen heroes in five veterans' ceme- ant to the rule, the gentleman from ing at the proper grave markers; I teries in Hawaii. These were despicable acts Texas [Mr. SMITH] and the gentleman think the people buried at Punchbowl of cowardice that desecrated the memory of from Massachusetts [Mr. FRANK] each ought to have those too. great Americans who gave their lives for our Mr. Speaker, I look forward to the country. will control 20 minutes. day when whoever is in charge of that The most severe damage was done to the The Chair recognizes the gentleman agrees with me, and instead of flat, National Memorial Cemetery of the Pacific, from Texas [Mr.SMITH]. unseeable grave stones we will see ei- where hundreds of men and women who lost GENERAL LEAVE ther a cross or a Star of David or what- their lives in the bombing of Pearl Harbor were Mr. SMITH of Texas. Mr. Speaker, I ever is appropriate. laid to rest. A group of vandals scrawled mes- ask unanimous consent that all Mem- Mr. ABERCROMBIE. Mr. Speaker, sages in red paint on hundreds of tombstones bers may have 5 legislative days to re- will the gentleman yield? and walls in five separate cemeteries. We vise and extend their remarks on the Mr. HYDE. I yield to the gentleman must send a message that this type of behav- bill under consideration. from Hawaii. ior cannot be tolerated. The SPEAKER pro tempore. Is there Mr. ABERCROMBIE. Mr. Speaker, I Mr. Speaker, today I urge my colleagues to objection to the request of the gen- would certainly take that issue up with support the Veterans' Cemeteries Protection tleman from Texas? H4146 CONGRESSIONAL RECORD — HOUSE June 23, 1997 There was no objection. financial institution of his or her fam- able funds and ensure that the largest number Mr. SMITH of Texas. Mr. Speaker, I ily. H.R. 1866 will help protect need- of students are able to receive some form of yield myself such time as I may based aid and need-blinded missions aid. The law specifically prohibits schools from consume. and preserve that opportunity. comparing the amount or terms of specific aid Mr. Speaker, today the House consid- Mr. Speaker, I urge the House to sus- offers made to students. ers H.R. 1866, the Need-based Financial pend the rules and pass this bill. The 1994 law has worked well. Because of Aid Antitrust Protection Act of 1997. Mr. Speaker, I reserve the balance of the law, financial aid officers have been able Beginning in the mid-1950’s, a number my time. to develop a common set of principles for of private colleges and universities Mr. FRANK of Massachusetts. Mr. awarding aid and a common aid form. This agreed to award institutional financial Speaker, I yield myself such time as I has simplified the financial aid procedures for aid; that is, aid from the school’s own may consume. both students and their families as well as the funds, solely on the basis of dem- Mr. Speaker, I express my apprecia- colleges. In part, as a result, last year colleges onstrated financial need. These schools tion to the gentleman from Texas [Mr. and universities provided an estimated $8.6 also agreed to use common principles SMITH]. I think this is a mistake on the billion in grants from their own funds, or 30 to assess each student’s financial need part of the Justice Department, and I percent more than the $6.6 billion in aid pro- and to give essentially the same finan- am glad that Congress is appropriately vided by the Federal Government. This aid is cial aid award to students admitted to stepping in to let universities do as absolutely vital at a time of ever diminishing more than one member of the group. they think best with the funds they Federal resources. From the 1950’s through the late have. We should note that this is twice The exemption is narrowly draftedÐallowing 1980’s the practice continued undis- today that we have legislated to say antitrust enforcers to pursue anticompetitive turbed. In 1989, the Antitrust Division that antitrust rules should not be used conduct while protecting socially beneficial ac- of the Department of Justice brought in effect to interfere with charity. We tivities by collegesÐand deserves to be made suit against nine of the colleges that did it earlier on the annuity question. permanent. I understand that the Justice De- engaged in this practice. After exten- Universities that are trying to maxi- partment has expressed no concerns with the sive litigation the parties reached a mize the extent to which they can help bill, and I urge the Members to join me in sup- people go to school who could not oth- porting this well-intended legislation. settlement in 1993. In 1994, Congress Mr. SMITH of Texas. Mr. Speaker, I erwise afford it deserve a lot of credit. passed a temporary exemption from thank the gentleman from Massachu- the antitrust laws that basically codi- Mr. Speaker, I admire the willingness RANK], for his generous of the universities to persevere. I want setts [Mr. F fied that settlement. It allowed agree- comments. to particularly say the Massachusetts ments to provide aid on the basis of Mr. Speaker, I have no further re- need only, to use common principles of Institute of Technology it seems to me quests for time, and I yield back the needs analysis, to use a common finan- showed a good deal of courage in this balance of my time. cial aid application form, and to allow whole incident by not simply bucking The SPEAKER pro tempore (Mr. the exchange of the student’s financial under when they were sued. All the PETRI). The question is on the motion information through a third party. universities here, we should under- offered by the gentleman from Texas stand, the ones involved are fighting on b 1245 [Mr. SMITH] that the House suspend the behalf of themselves and other univer- rules and pass the bill, H.R. 1866. It also prohibited agreements on sities for the right to try to address the The question was taken; and (two- awards to specific students. It provided economic problems of people who could thirds having voted in favor thereof) for this exemption to expire on Sep- not afford to go to these schools. This the rules were suspended and the bill tember 30, 1997. is an effort by them to maximize the was passed. Under this exemption, the affected extent to which they give scholarship A motion to reconsider was laid on schools have recently adopted a set of aid to people who genuinely need it and the table. general principles to determine eligi- for whom it would be a necessity in f bility for institutional aid. These prin- going to school. They deserve credit for ciples address issues like expected con- that. What they basically said is they REAUTHORIZING PROGRAM tributions from noncustodial parents, will take on this fight and come to RELATING TO ARBITRATION treatment of depreciation expense Congress for the right to be charitable Mr. COBLE. Mr. Speaker, I move to which may reduce a parent’s income, in the best sense. So I am glad we are suspend the rules and pass the bill evaluation of rental properties, and un- acting. (H.R. 1581) to reauthorize the program usually high medical expenses. Com- Mr. Speaker, I appreciate the leader- established under chapter 44 of title 28, mon treatment of these types of issues ship that the gentleman from Texas United States Code, relating to arbitra- makes sense and, to my knowledge, [Mr. SMITH], a member of the majority tion. there are no complaints about the ex- took, in making sure we could bring The Clerk read as follows: isting exemption. H.R. 1866 would make this forward. I am delighted this is H.R. 1581 the exemption passed in 1994 perma- going forward now. Be it enacted by the Senate and House of Rep- nent. It would not make any change to Mr. Speaker, I have no further re- resentatives of the United States of America in the substance of the exemption. quests for time, and I yield back the Congress assembled, That section 905 of the The need-based financial aid system Judicial Improvements and Access to Justice balance of my time. Act (28 U.S.C. 651 note; Public Law 100–702) is serves social goals that the antitrust Mr. CONYERS. Mr. Speaker, I want to com- amended in the first sentence by striking laws do not adequately address, namely mend Mr. SMITH and Mr. FRANK for their dili- ‘‘for each of the fiscal years 1994 through making financial aid available to the gent work in bringing this bill to our attention. 1997’’ and inserting ‘‘for each fiscal year’’. broadest number of students solely on H.R. 1866 simply makes permanent a limited The SPEAKER pro tempore. Pursu- the basis of demonstrated need. With- antitrust exemption for educational institutions. ant to the rule, the gentleman from out it the schools would be required to Congress acted to provide the exemption North Carolina [Mr. COBLE], and the compete, through financial aid awards, after court decisions in 1991 and 1994 found gentleman from Massachusetts [Mr. for the very top students. Those very that Ivy League schools who were sharing aid FRANK], each will control 20 minutes. top students would get all of the aid information concerning applicants were violat- The Chair recognizes the gentleman available, which would be more than ing the antitrust laws. The 1994 law is sched- from North Carolina [Mr. COBLE]. they need. The rest would get less or uled to expire on September 30 of this year GENERAL LEAVE none at all. Ultimately such a system unless Congress first acts to extend it. Mr. COBLE. Mr. Speaker, I ask unan- would serve to undermine the prin- Under the terms of the current antitrust ex- imous consent that all Members may ciples of need-based aid and need-blind- emption, universities are permitted to develop have 5 legislative days within which to ed missions. common aid forms and exchange student fi- revise and extend their remarks on No student who is otherwise qualified nancial data through a third party so long as H.R. 1581. ought to be denied the opportunity to they agree to admit students on a need-blind The SPEAKER pro tempore. Is there go to one of the Nation’s most pres- basis. This means that participating schools objection to the request of the gen- tigious schools because of the limited are able to make maximum use of their avail- tleman from North Carolina? June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4147 There was no objection. Whereas July 3, 1997, should therefore be Mr. SESSIONS. Mr. Speaker, I yield Mr. COBLE. Mr. Speaker, I yield my- considered Cost of Government Day 1997; and such time as he may consume to the self such time as I may consume. Whereas it is not right that the American gentleman from Texas [Mr. DELAY], Mr. Speaker, I rise in support of H.R. family has to give up more than 50 percent of the author of this resolution. what it earns to the government: Now, there- Mr. DELAY. Mr. Speaker, I thank the 1581, a bill introduced to reauthorize fore, be it the existing Federal court arbitration Resolved by the House of Representatives (the gentleman for yielding me this time. programs established in chapter 44 of Senate concurring), That it is the sense of the Mr. Speaker, I must say, the com- title 28 of the United States Code. This Congress that, as part of balancing the budg- ments from the gentleman from Cali- bill reauthorizes 20 pilot arbitration et and reevaluating the role of government, fornia [Mr. WAXMAN], do not surprise programs which have been in existence Federal, State, and local elected officials me a bit, because it is his party that in U.S. district courts around the coun- should carefully consider the costs of govern- has led us to this point over the last 30 try for 20 years. ment spending and regulatory programs in or 40 years, that have controlled this the year to come so that American families Chamber, that had led us to the point These programs have been unques- will be able to keep more of what they earn. tionably successful over the years in that we have to introduce legislation resolving Federal litigation in a fair The SPEAKER pro tempore. Pursu- like this to call attention to the Amer- and expeditious manner and improving ant to the rule, the gentleman from ican people what they already know by the efficiency of those Federal courts Texas [Mr. SESSIONS] and the gen- looking at their bank statements every which participate in the program. The tleman from California [Mr. WAXMAN] month and trying to balance their current authorization expires on Sep- each will control 20 minutes. checkbooks and paying their taxes on tember 1 of this year, and thus there is The Chair recognizes the gentleman April 15. some urgency in reauthorizing these from Texas [Mr. SESSIONS]. Mr. Speaker, I just wonder how many very successful programs prior to that Mr. SESSIONS. Mr. Speaker, I yield hard-working Americans really know date. myself such time as I may consume. just how long it takes them to earn I urge my colleagues to vote in favor Mr. Speaker, today we are recogniz- enough income to pay for the cost of of this bipartisan bill. ing the Cost of Government Day. Next government. Many Americans mistak- Mr. Speaker, I reserve the balance of week, Americans will have more than enly associate April 15 with the end of my time. one reason to celebrate the ideals of their financial obligations to the Gov- Mr. FRANK of Massachusetts. Mr. freedom and independence. July 3 is ernment. Some believe Tax Freedom Speaker, I yield myself such time as I the day on which we will be free to Day is the day which marks the end of may consume. work for ourselves instead of the Gov- their financial obligations to pay for Mr. Speaker, I agree with the gen- ernment because this is the Cost of the cost of Government. But, unfortunately, both of these tleman from North Carolina. Government Day in 1997. dates are wrong, because it takes until Mr. COBLE. Mr. Speaker, I yield From January 1 to July 3, Americans July 3, more than half the year, to free back the balance of my time. will work to pay for all levels of gov- yourself and your family from the The SPEAKER pro tempore. The ernment, plus the volumes of regula- heavy burden of government spending question is on the motion offered by tions brought into effect this last year. at all levels, plus the cost of regula- the gentleman from North Carolina That is over half the year, or 183 days tion. [Mr. COBLE] that the House suspend the working to pay for the cost of govern- ment. Now, according to the Americans for rules and pass the bill, H.R. 1581. Tax Reform Foundation, the cost of The question was taken; and (two- The total cost of government this year translates into $13,500 for each this Government this year equals $3.5 thirds having voted in favor thereof) trillion, or 36.2 percent of our country’s the rules were suspended and the bill man, woman, and child in America. Federal regulations consume at least net national product. Now, that was passed. amounts to $13,500 for every man, A motion to reconsider was laid on $3,000 of that total. It is simply dis- graceful to force the hard-working woman, and child in America, $13,500 a the table. year per individual to run this Govern- Americans in each of our districts to f ment. fork over half of their earnings to pay Mr. Speaker, that means that the av- REGARDING COST OF for government. GOVERNMENT DAY erage American will work 183 days this I call on all Members to resolve to year to pay for the government’s insa- Mr. SESSIONS. Mr. Speaker, I move stop the chronic overspending and tiable spending appetite and the thou- to suspend the rules and agree to the overregulating by supporting this cost sands of regulations that emanate from concurrent resolution (H. Con. Res. 102) of government resolution. this town every year. expressing the sense of the Congress Mr. WAXMAN. Mr. Speaker, I yield In the last 14 months, over 4,700 new that the cost of government spending myself such time as I may consume. regulations have been issued by Fed- and regulatory programs should be re- Mr. Speaker, this resolution has had eral agencies of the Clinton adminis- duced so that American families will no hearings before our committee. It tration. The era of big government be able to keep more of what they earn. was just introduced last Friday. The goes on and on and on. Over 50 percent The Clerk read as follows: whole idea of it is that we should not of a family’s hard-earned income goes H. CON. RES. 102 have a waste of taxpayer’s money be- to the country. Fifty cents out of every Whereas the total cost of government cause taxes are too high. Well, this is a hard-earned dollar a family makes goes spending and regulations (total cost of gov- pretty silly bill, and, if anything, it is to the government. No wonder it takes ernment) consumers 36.2 percent of the Na- wasting some taxpayers’ money by one parent to work for the Government tion’s net national product; even having it processed. while the other parent works for the Whereas the total cost of government now I would not argue against the bill be- family. So, Mr. Speaker, no American exceeds $3,520,000,000,000 annually; cause there is no harm, I suppose, that should have to work more than half the Whereas Federal regulatory costs now ex- could be seen in this legislation. It will ceed $785,000,000,000 annually; year to pay the cost of government. We Whereas the cost of government in general have very little impact. need to commit ourselves to reducing and excessive regulations in particular place So on our side of the aisle, represent- this burden. a tremendous drain on the economy by re- ing the Democrats on the committee, This week, when the House passes ducing worker productivity, increasing we never had this before the commit- the Taxpayer Relief Act, we will have prices to consumers, and limiting the eco- tee, and this is more a political state- begun to make a down payment on pro- nomic choices and individual freedoms of our ment by the Republicans on how they viding middle-income American fami- citizenry; do not want to waste money. To me, it lies the tax relief that they need, tax Whereas, if the average American worker is an ineffective bill that is wasting were to spend all of his or her gross earnings relief that they have not seen in 16 on nothing else besides meeting his or her taxpayers’ money to even bring it be- years, since Ronald Reagan was Presi- share of the total cost of government for the fore us. dent of the United States. current year, that total cost would not be Mr. Speaker, I reserve the balance of But I emphasize, Mr. Speaker, this is met until July 3, 1997; my time. only a small down payment. We have H4148 CONGRESSIONAL RECORD — HOUSE June 23, 1997 to continue to reduce the tax and regu- ure of families spending more than 50 think it is quite valuable in light of the latory burden on working Americans percent of their income, but that de- comments that the gentleman from because they are constantly struggling pends on the family. If one is rich Massachusetts [Mr. FRANK] has made to hold on to their earnings. Whereas enough, thanks to the Tax Code, one is about how we need to cut back on the parents’ generation, their parents’ spending a much smaller percentage of spending in areas where we are spend- generation got to keep 80 percent or one’s income, and by the time we get ing too much. more of the fruits of their labor, to- through with the tax bill, if one is rich I also want to point out that if we day’s families are lucky to keep 50 per- enough, that will be even less. The look at some of those higher income cent of their earnings, and, for most CEO’s who are making a couple of mil- Americans who are going to get a huge families, that is with both parents lion dollars are not spending 50 percent tax break, rather than find July 3 as working full time. of their income. We have very differen- their tax independence day, some of Speaker GINGRICH was right on the tial effects according to how much them are going to celebrate on Valen- mark this weekend when he said that money one makes. tine’s Day, because at that point they we would strive to make sure that no Second, I do welcome, though, the will have paid all they are going to pay working American should have to turn gentleman from California is of course in for the Government funding for all over more than 25 percent of their correct. I do not think we are spending of these different services, while a lot hard-earned income to pay for taxes or enough on the environment, I do not of hard-working Americans, especially other government costs. The Lord God think we are spending enough on, for middle-income Americans, will con- only wants 10 percent, and the Govern- instance, the Cops on the Street Pro- tinue to pay on into the months to the ment should have no more than 25 per- gram, which is so helpful, or helping summertime. cent. kids going to school. But we can econo- Mr. Speaker, I reserve the balance of Also this week, Mr. Speaker, we will mize. my time. receive recommendations on the IRS We will be voting today and tomor- Mr. SESSIONS. Mr. Speaker, I yield from the National Commission on Re- row on the military bill. The military myself such time as I may consume. structuring the IRS. That will provide bill, the National Security bill, rep- Once again today, Mr. Speaker, we the necessary framework to begin the resents 50 percent of the discretionary have an argument, we have a discus- national debate on what kind of tax spending of the Federal Government. If sion, we have a debate here on the floor structure we need to rephrase today’s we set aside Medicare, we set aside of the House of Representatives, to 800,000 word maze, that takes 480 forms Medicaid and Social Security, 50 per- talk about not only Government, but with 8 billion pages of instructions to cent of what is left spent by the Fed- its performance and how that works. administer. eral Government will be voted on by As we have seen for many, many years, this House over the next couple of the other side refuses to understand b 1300 days, and I am delighted at this spend- that what we are talking about here is So, Mr. Speaker, make no mistake ing, cutting zeal on the other side. I that we need a Government that works, about it, this government is too big, it look forward to them helping us defeat a government that does not put more costs too much, and it increasingly im- the unnecessary B–2 bomber at the cost rules and regulations on people. Even if pinges on the earnings and freedoms of of tens of billions. Government were free, there were cer- our constituents. I will be offering an amendment, tain parts of it that I would not want. I just urge my colleagues to think se- along with a Republican cosponsor, the I would like to bring us back to what riously about the implications of the gentleman from Connecticut, and the is germane about this argument, and Cost of Government Day, and to con- gentleman from California [Mr. that is the gentleman from Texas [Mr. CONDIT], to put a limit on the amount sider that any tax and regulatory relief DELAY], in offering House Concurrent that we can send to working families in that we spend for NATO so that our Resolution 102, talks about expressing European allies stop getting subsidized. our districts is much deserved and the sense of Congress that the cost of We continue to subsidize our European much needed and much demanded. Government spending and regulatory allies. Mr. WAXMAN. Mr. Speaker, I yield programs should be reduced. We are myself such time as I may consume. So I agree we should be conscious of that spending, and while I hope we will talking about the governmentwide pro- I want to point out as a public serv- grams. We are not just talking about ice that when we talk about the cost of not be passing a Tax Code that will make it more unfair, so that the bigger the military today. We are not just Government, we are talking about the income families will in fact pay a big- talking about the men and women who salary of the gentleman from Texas ger share, I also look forward to seeing preserve freedom for America. [Mr. DELAY] and the cost of his staff, some of this spending reduction zeal What we are talking about is the but we are also talking about protect- which we are hearing voiced today. I Government that is made up of bureau- ing our national defense and support- trust that the spending zeal in general crats, those faceless, nameless people ing the brave men and women who are we are hearing will not disappear when who we never see in our lives, but who on duty for that purpose; we are talk- we get to the particular, because re- have a controlling factor on us. ing about the cost to pay for our Social member, the National Security bill Mr. Speaker, what this is all about is Security system, which has done more represents 50 percent of the discre- a resolution by the House of Represent- to stop the poverty rates among the el- tionary spending of the Federal Gov- atives that this is a sense of Congress derly than anything else, as well as ernment. that is part of balancing the budget with the Medicare Program. We are The bill we are going to vote on and reevaluating the role of Govern- talking about the expenditures to pro- today will contain more spending than ment. Federal, State, and local elected tect the environment, help students go the Department of Transportation and officials should also carefully consider to college; all of the things that people the Department of Labor, the Depart- the cost of Government spending and would have to pay for on their own if ment of Housing and Urban Develop- regulatory programs in the coming they could afford it. ment, the Department of Veterans Af- year. That is exactly what this resolu- If we did not have these Government fairs, and several other major Federal tion is all about. services, a lot of people would not be departments put together; throw in the Mr. Speaker, I yield such time as he able to afford it, and we would find Environmental Protection Administra- may consume to the gentleman from that large numbers of people would be tion. North Carolina [Mr. JONES]. denied the benefits that they look to So let us see some more of that cost- Mr. JONES. Mr. Speaker, many Government to provide. cutting zeal, and we will begin today Americans mistakenly associate April Mr. Speaker, I yield 21⁄2 minutes to when we start to vote on the military 15 with the end of their financial obli- the gentleman from the State of Mas- budget. gation to the Government. Some be- sachusetts [Mr. FRANK]. Mr. WAXMAN. Mr. Speaker, I yield lieve Tax Freedom Day is a day which Mr. FRANK of Massachusetts. Mr. myself such time as I may consume. marks the end of our financial obliga- Speaker, first I want to correct the I thought that having this bill up tion to pay for the cost of government. gentleman from Texas. He used the fig- today would be a useless exercise, but I Unfortunately, it takes until July 3, June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4149 more than half the year, to free your- may have 5 legislative days within reviewing and releasing to the public self and your family from the heavy which to revise and extend their re- the records surrounding the Kennedy hand of the Government’s costs. marks on House Concurrent Resolution assassination. The result was that on The average American will be work- 102. October 26, 1992, President Bush signed ing 183 days this year to pay for the The SPEAKER pro tempore. Is there the President John F. Kennedy Assas- ever-growing spending and regulations objection to the request of the gen- sination Records Collection Act of 1992 that originate from this town every tleman from Texas? into law. The original act provided a 3- year. According to the Americans for There was no objection. year timetable for a review board to Tax Reform Foundation, Government f complete its work. spending at all levels equals more than Unfortunately, extensive delays in $3.5 trillion. EXTENDING AUTHORIZATION OF the appointment of the review board’s The resolution of the gentleman from JOHN F. KENNEDY ASSASSINA- members delayed the board from begin- Texas [Mr. DELAY] sends a message to TION RECORDS REVIEW BOARD ning its work in a timely manner. In American taxpayers that this Congress Mr. SESSIONS. Mr. Speaker, I move 1994, Congress restarted the clock and understands their burden and we are to suspend the rules and pass the bill extended the 1992 law’s termination committed to doing everything pos- (H.R. 1553) to amend the President date for 1 year until September 30, 1996. sible to deliver tax relief as well as re- John F. Kennedy Assassination The review board subsequently exer- lief from the web of regulations that Records Collection Act of 1992 to ex- cised its authority under the statute to burden so many Americans each year. continue operating for 1 additional I urge my colleagues to support reso- tend the authorization of the Assas- sination Records Review Board until year. lution 102. I believe that the public has a right Mr. SESSIONS. Mr. Speaker, I yield September 30, 1998. The Clerk read as follows: to know what is contained in the Fed- myself such time as I may consume. eral Government’s records on the Ken- Mr. Speaker, I thank the gentleman H.R. 1553 nedy assassination. By releasing these from North Carolina. I appreciate his Be it enacted by the Senate and House of Rep- documents to the public, we advance comments. resentatives of the United States of America in the cause of total accountability to the In summary, I would like to say that Congress assembled, citizens of our country. As a represent- House Concurrent Resolution 102 talks SECTION 1. EXTENSION OF AUTHORIZATION OF ative of the city of Dallas, TX, I want directly about the problem that we ASSASSINATION RECORDS REVIEW to assure the American people that all have about Government spending and BOARD. The President John F. Kennedy Assassina- Texans from all over the State will overregulation in our Government. tion Records Collection Act of 1992 (44 U.S.C. stop at nothing less than knowing the Whereas there are $3 trillion 520 billion 2107 note) is amended— whole truth about this tragedy as it oc- that are spent each year, of this, $785 (1) in section 7(o)(1), by striking ‘‘Septem- curred in our Nation’s history. billion is related to Federal regulatory ber 30, 1996’’ and all that follows through the Mr. Speaker, H.R. 1553 extends the costs. This body will be taking under end of the paragraph and inserting ‘‘Septem- authorization of the Assassination Re- ber 30, 1998,’’; and hand the opportunity just in the com- view Board for just one year to allow ing weeks to talk about a tax cut for (2) in section 13(a), by striking ‘‘such sums’’ and all that follows through ‘‘ex- the board to finish reviewing, and then hard-working Americans that is only to make public, the records relating to $85 billion. Mr. Speaker, of that figure, pended’’ and inserting ‘‘to carry out the pro- visions of this Act $1,600,000 for fiscal year the assassination of our President John we can see that $785 billion, a larger, 1998’’. F. Kennedy. Under current law, the au- much larger figure, is just for regula- thorization expires at the end of fiscal tion. We can do a better job. The SPEAKER pro tempore. Pursu- year 1997. Mr. Speaker, I reserve the balance of ant to the rule, the gentleman from In his testimony last month before my time. Texas [Mr. SESSIONS] and the gen- the Subcommittee on National Secu- Mr. WAXMAN. Mr. Speaker, we have tleman from California [Mr. WAXMAN] no further requests for time. each will control 20 minutes. rity, International Affairs and Crimi- I yield myself such time as I may The Chair recognizes the gentleman nal Justice, review board chairman consume only to point out that this from Texas [Mr. SESSIONS]. John Tunheim assured the members of resolution does not save a dime of tax- Mr. SESSIONS. Mr. Speaker, I yield this subcommittee that only 1 addi- payers’ money. It simply tells the myself such time as I may consume. tional year would be needed for the American people we feel your pain, and Mr. Speaker, H.R. 1553 is extension of board to finish reviewing and releasing we are spending a little bit more authorization of the Assassination the remaining documents related to money to process a resolution on the Records Review Board. Mr. Speaker, the Kennedy assassination and to issue House floor to tell you that. I do not the House is considering a very impor- its final report. I believe that it is im- know what other purpose it serves, and tant piece of legislation, H.R. 1553, portant that we see this progress I have no other point to make. which extends the authorization of the through to its conclusion, and accord- Mr. Speaker, I yield back the balance Assassination Records Review Board ingly, I urge my colleagues to support of my time. for 1 year and authorizes $1.5 million this bill. Mr. SESSIONS. Mr. Speaker, I yield for the review board to complete its Mr. Speaker, I reserve the balance of back the balance of my time. final work, which will be done during my time. The SPEAKER pro tempore (Mr. fiscal year 1998. b 1315 PETRI). The question is on the motion This bill was introduced by the gen- offered by the gentleman from Texas Mr. WAXMAN. Mr. Speaker, I yield tleman from Indiana [Mr. BURTON], myself such time as I may consume. [Mr. DELAY] that the House suspend chairman of the Committee on Govern- I rise in support of the reauthoriza- the rules and agree to the concurrent ment Reform and Oversight on May 8, tion of the JFK Assassination Review resolution, House Concurrent Resolu- 1997, and included as its original co- Board. The board has performed a valu- tion 102. sponsors the gentleman from California The question was taken. able service to the public in guiding [Mr. WAXMAN] and the gentleman from Mr. SESSIONS. Mr. Speaker, on that the release of over a million pages of I demand the yeas and nays. Ohio [Mr. STOKES], who sponsored the information relating to the assassina- The yeas and nays were ordered. President John F. Kennedy Assassina- tion of President Kennedy. Unfortu- The SPEAKER pro tempore. Pursu- tion Reports Collection Act, and who nately, the work is not complete. This ant to clause 5, rule I, and the Chair’s also chaired the House Select Commit- bill will give the review board an addi- prior announcement, further proceed- tee on Assassinations. tional year to finish the task, and the ings on this motion will be postponed. In 1992, almost 30 years after the as- board has assured us that 1 year is suf- f sassination of President Kennedy, ficient. nearly 1 million records compiled by Mr. Speaker, I urge my colleagues to GENERAL LEAVE official investigators of the assassina- support this legislation. Mr. SESSIONS. Mr. Speaker, I ask tion still have not been made public. Mr. BURTON of Indiana. Mr. Speaker, I rise unanimous consent that all Members Congress decided to set up a process for in support of H.R. 1553, which I introduced in H4150 CONGRESSIONAL RECORD — HOUSE June 23, 1997

May, along with Congressman HENRY WAXMAN thority to continue operating for one additional Mr. Speaker, it is our understanding that the and Congressman LOUIS STOKES. year, until September 30, 1997. Because the Review Board will need more time to process H.R. 1553 amends the John F. Kennedy As- review process proved to be more complex the classified records that remain, primarily sassination Records Collection Act of 1992 to and time-consuming than anticipated, the records from the Central Intelligence Agency, provide one additional year for the Assassina- President included in his fiscal year 1998 and the Federal Bureau of Investigation. The tion Records Review Board to complete its budget a request for a 1-year extension of the additional year will permit the review board to work, which is to review and publicly release Review Board's authorization. complete this work, close out the operation, documents relating to the Kennedy assassina- I support the Assassination Records Review and submit its final report. tion at the earliest possible date. The Amer- Board's request for a 1-year extension of its It is a credit to this institution that we can ican people have a right to demand account- authorization so that it can complete its mis- provide historians and the American public ability by the Federal Government regarding sion in a professional and thorough manner. with all relevant information concerning the as- the Kennedy assassination records. By allow- However, let me make it very clear that, as sassination of President Kennedy. It is my be- ing the Review Board to finish its work and chairman of the Government Reform and lief that we should allow the Assassination make the Kennedy assassination documents Oversight Committee, I do not intend to sup- Records Review Board to complete this impor- public, Congress will demonstrate to Ameri- port any additional extension of the Review tant undertaking. I urge my colleagues to join cans that the Government has nothing to hide. Board's life beyond September 30, 1998. On me in supporting the passage of H.R. 1553. H.R. 1553 would extend the Review Board's June 4, 1997, the chairman of the Review Mr. WAXMAN. Mr. Speaker, I yield September 30, 1997, termination date under Board, John Tunheim, testified before the Na- back the balance of my time. current law to September 30, 1998. H.R. 1553 tional Security, International Affairs, and Crimi- Mr. SESSIONS. Mr. Speaker, I yield authorizes $1.6 million in fiscal year 1998 for nal Justice Subcommittee, and in his testi- back the balance of my time. this purpose. I would note that Congressman mony he assured the subcommittee that one The SPEAKER pro tempore (Mr. STOKES, who is an original cosponsor of my additional year would be sufficient for the Re- PETRI). The question is on the motion bill, sponsored the 1992 act in the House and view Board to finish its work. offered by the gentleman from Texas chaired the House Select Committee on As- I urge my colleagues to support H.R. 1553. [Mr. SESSIONS] that the House suspend sassinations that was established in 1976. Mr. STOKES. Mr. Speaker, I thank the gen- the rules and pass the bill, H.R. 1553. The purpose of the 1992 legislation was to tleman from Texas for yielding to me. I rise in The question was taken; and (two- publicly release records relating to the Ken- support of this bill and I want to commend thirds having voted in favor thereof) nedy assassination at the earliest possible Chairman BURTON and ranking Member Mr. the rules were suspended and the bill date. The Assassination Records Review WAXMAN for bringing this bill to the floor. As an was passed. Board was set up to review and release the original cosponsor of this legislation, and as A motion to reconsider was laid on voluminous amounts of information in the Gov- the former chairman of the House Select the table. ernment's possession. The FBI, the Secret Committee on Assassinations, I have a strong f Service, the CIA, the Warren Commission, the interest in this issue. In 1978, the House Select Committee on NOTICE OF ALTERATION OF Rockefeller Commission, the Church Commit- Assassinations completed a 2-year investiga- ORDER OF CONSIDERATION OF tee in the Senate, and the House Select Com- tion of the facts and circumstances surround- AMENDMENTS DURING FURTHER mittee on Assassinations have all held assas- ing the assassination of President John F. CONSIDERATION OF H.R. 1119, NA- sination records, and related documents have Kennedy. The completed investigation in- TIONAL DEFENSE AUTHORIZA- also been in the possession of certain State cluded the publishing of 9 volumes of hearings TION ACT FOR FISCAL YEAR 1998 and local authorities as well as private citi- with the testimony of 55 witnesses and 619 Mr. STUMP. Mr. Speaker, pursuant zens. exhibits. to section 5 of House Resolution 169 When the 1992 legislation was considered, In the years following the Assassination and as the designee of the chairman of nearly 1 million pages of data compiled by offi- Committee's work, old issues and new theo- Committee on National Security, I re- cial investigations of the assassination had not ries continued to surface about the assassina- quest that during further consideration been made available to the public, some 30 tion of President Kennedy. Therefore in 1992, of H.R. 1119 in the Committee of Whole years after the tragedy. In creating the Review I authored, and the Congress passed, the and following consideration of amend- Board, Congress believed that simply making President John F. Kennedy Assassination ment No. 15, printed in part 2 of House all relevant information available to the public Records Collect Act. This law created the As- Report 105–137, as modified by section was the best way to respond to the continuing sassination Records Review Board which was 8(b) of House Resolution 169, the fol- high level of interest in the Kennedy assas- given the responsibility to identify, secure, and lowing amendments be considered in sination, and was preferable to undertaking a make available, all records related to the as- the following order: new congressional investigation. The 1992 law sassination of President Kennedy. We felt that Amendment No. 1, printed in part 2 requires the Review Board to presume that an independent board would represent the of House Report 105–137; amendment documents relating to the assassination most effective and efficient vehicle to make all No. 34, printed in part 2 of House Re- should be made public unless there is clear assassination records available to the public. port 105–137; amendment No. 10, printed and convincing evidence to the contrary. To date, the Assassination Records Review in part 1 of House Report 105–137; As a result of the Review Board's efforts, Board has acted to transfer more than 14,000 amendment No. 11, printed in part 1 of more than 14,000 documents have been documents to the JFK collection at the Na- House Report 105–137; amendment No. transferred to the National Archives and tional Archives. The collection currently totals 7, printed in part 1 of House Report 105– Records Administration for inclusion in the 3.7 million pages. It is used extensively by re- 137, as modified by section 8(a) of JFK collection. That collection now totals ap- searchers from all over the United States. Fur- House Resolution 169; the amendment proximately 3.7 million pages and is used ex- ther, by the end of fiscal year 1997, the Re- printed in section 8(c) of House Resolu- tensively by researchers from all over the Unit- view Board will have reviewed and processed tion 169; amendment No. 35 printed in ed States. The Review Board was in the news assassination records that more than 30 dif- part 2 of House Report 105–137. in April of this year when it voted to make ferent government offices have identified, not f public the Abraham Zapruder film of the Ken- including files of the Federal Bureau of Inves- nedy assassination. tigation and the Central Intelligence Agency. NATIONAL DEFENSE AUTHORIZA- The John F. Kennedy Assassination Becase of the Review Board's diligent ef- TION ACT FOR FISCAL YEAR 1998 Records Collection Act of 1992 originally pro- forts, some very important documents have The SPEAKER pro tempore. Pursu- vided a 3-year timetable for the Assassination been made public. They include: thousands of ant to House Resolution 169 and rule Records Review Board to complete its work. CIA documents on Lee Harvey Oswald and XXIII, the Chair declares the House in Unfortunately, there were lengthy delays in the the assassination of President Kennedy; thou- the Committee of the Whole House on appointment of board members, and as a con- sands of records from the House Assassina- the State of the Union for the further sequence, the Review Board was scheduled tions Committee, including a staff report of Os- consideration of the bill, H.R. 1119. to cease operations before it began its work. wald's travel to Mexico City; thousands of b Therefore, in 1994, Congress ``restarted the records from the FBI which document the 1319 clock'' by extending the 1992 law's termination agency's interest in Oswald before the Ken- IN THE COMMITTEE OF THE WHOLE date for 1 year, to September 30, 1996. The nedy assassination; and extensive FBI files on Accordingly the House resolved itself Review Board subsequently exercised its au- its investigation of the assassination. into the Committee of the Whole House June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4151 on the State of the Union for the fur- way to spend unwisely is to spend militarily and accept more responsibil- ther consideration of the bill (H.R. money which instead should be spent ity for their own defense. The United 1119) to authorize appropriations for by our wealthy allies in Western Eu- States cannot afford to lead the effort fiscal years 1998 and 1999 for military rope. I believe America has been insuf- both financially and militarily on a activities of the Department of De- ficiently active in the international continent that has the resources, and I fense, to prescribe military personnel front in many ways. But one area believe the responsibility, to accept strengths for fiscal years 1998 and 1999, where we have erred on the other side this burden themselves. and for other purposes, with Mr. YOUNG is in Western Europe, where we have According to a recent article in the of Florida in the chair. allowed Germany and France and Nor- Wall Street Journal, the Congressional The Clerk read the title of the bill. way and Belgium and Denmark and Budget Office estimates that admitting The CHAIRMAN. When the Commit- many other now quite prosperous na- the three former Warsaw Pact nations tee of the Whole rose on Friday, June tions to do less than they should. could ultimately cost the United 20, 1997, amendment No. 43, printed in NATO expansion is a test of this. NATO States of America as much as $150 bil- section 8(e) of House Resolution 169, of- expansion will cost money. I am not lion, I repeat that, $150 billion over 10 fered by the gentleman from Ohio [Mr. talking now about the money that na- years, at a time when the recently TRAFICANT] had been disposed of. tions will have to spend on their own passed budget resolution calls for cuts Pursuant to section 5 of House Reso- military equipment. We are talking in Medicare spending of $115 billion, lution 169, it is now in order to con- about what NATO itself will have to Medicaid cuts of $13.5 billion, and cuts sider amendment No. 15, printed in spend on telecommunications and in in the student loan program of $1.8 bil- part 2 of House Report 105–137, as modi- other ways. lion. fied by section 8(b) of House Resolution We believe, those of us who have of- When, at the same time, Social Secu- 169. fered this amendment, the gentleman rity is said to be in jeopardy, how can AMENDMENT NO. 15 OFFERED BY MR. FRANK OF from Connecticut [Mr. SHAYS], the gen- we justify providing billions of U.S. MASSACHUSETTS tleman from California [Mr. CONDIT] dollars to protect foreign nations from Mr. FRANK of Massachusetts. Mr. and myself, that it is unfair for the a potential, not actual, a potential Chairman, I offer an amendment. American taxpayers to continue to pay threat? The CHAIRMAN. The Clerk will des- disproportionately in Western Europe, We must not forget the original pur- ignate the amendment. particularly if had we have adopted a pose of NATO, which was to provide for The text of the amendment is as fol- budget agreement which leaves many the collective security in the European lows: Members convinced that defense itself theater in a time of Communist threat Amendment No. 15 offered by Mr. FRANK of will have too little. I do not agree with and cold war tensions. To force the Massachusetts: that. I would like to be able to free up At the end of title XII (page 379, after line U.S. taxpayer to foot the bill for a new money for other purposes, but we cer- NATO is illogical and, in addition, in 19), insert the following new section: tainly do not want our defense dollars SEC. 1205. LIMITATION ON PAYMENTS FOR COST the words of Henry Kissinger, a dilu- OF NATO EXPANSION. spent unnecessarily. The administra- tion of the traditional NATO purposes. (a) The amount spent by the United States tion has said, the Clinton administra- Mr. FRANK of Massachusetts. Mr. as its share of the total cost to North Atlan- tion, that the cost to the United States Chairman, I yield 2 minutes to the gen- tic Treaty Organization member nations of of NATO expansion over the next 12 tleman from California [Mr. DELLUMS], the admission of new member nations to the years will be a total of $2 billion. I take extremely knowledgeable and thought- North American Treaty Organization may them at their word. not exceed 10 percent of the cost of expan- ful ranking minority member of this This amendment takes what the ad- committee. sion or a total of $2,000,000,000, whichever is ministration has told us NATO expan- Mr. DELLUMS. Mr. Chairman, I less, for fiscal years 1998 through 2010. sion will cost, $2 billion, and makes (b) If at any time during the period speci- thank my colleague for his generosity. that a cap. It does say and the adminis- fied in subsection (a), the United States’ Mr. Chairman, I rise in support of the tration is proposing that we spend share of the total cost of expanding the amendment offered by my distin- North Atlantic Treaty Organization exceeds about 7 or 8 percent. I go them one bet- guished colleague, the gentleman from 10 percent, no further United States funds ter. The amendment says that, if costs Massachusetts [Mr. FRANK]. I think it may be expended for the costs of such expan- are considerably less than we expect, is a meritorious amendment and his re- sion until that percentage is reduced to that could happen, although it rarely marks are very poignant and very below 10 percent. does, we would cap our contribution at much to the point. I would like to sim- The CHAIRMAN. Pursuant to the 10 percent. So I have an amendment ply make a few brief remarks in sup- rule, the gentleman from Massachu- here, along with the gentleman from port of the amendment. setts [Mr. FRANK] and a Member op- Connecticut [Mr. SHAYS] and the gen- First, Mr. Chairman, I am sure that posed, each will control 10 minutes. tleman from California [Mr. CONDIT], The gentleman from Arizona [Mr. which conserves American defense you are aware the United States pro- STUMP] will be recognized in opposi- spending for purposes that we may feel vides disproportionate support for tion. necessary by taking the President at NATO in many capacities, making The Chair recognizes gentleman from his word and saying we will spend a available naval forces as well as com- Massachusetts [Mr. FRANK]. maximum of $2 billion on NATO expan- munications, transportation and logis- Mr. FRANK of Massachusetts. Mr. sion, or 10 percent, the higher percent- tics capabilities, and strategic nuclear Chairman, I yield myself 2 minutes and age that he says, if that should be less forces that we are all aware of. As a re- 30 seconds. than $2 billion. sult, it pays a substantially larger por- Mr. Chairman, I offer this on behalf Finally, for those who say what if tion of its GDP on its military account of my colleague, the gentleman from there is an unforeseen emergency, that than our European allies. Several of Connecticut [Mr. SHAYS] and the gen- is why we have a Congress, people can our European allies are wealthy na- tleman from California [Mr. CONDIT]. come back to us. This does not say you tions and can contribute more to the We are about to vote a budget deal, can never have another penny, it says burdens of the alliance than they cur- some of us will vote no but it will pass. you cannot have a blank check. rently do. It will severely constrain spending, in- Mr. STUMP. Mr. Chairman, I reserve Second, new members of NATO cluding defense spending. We can differ the balance of my time. should be expected to contribute along over how much defense spending ought Mr. FRANK of Massachusetts. Mr. the terms of existing Members. And if to be, but we all acknowledge that we Chairman, I yield 2 minutes to the gen- they are going to be members, it seems are about to adopt in this budget reso- tlewoman from Missouri [Ms. DANNER]. to me across the board of responsibil- lution a binding constraint that will Ms. DANNER. Mr. Chairman, I rise in ities they ought to be able to contrib- mean far less for the national security support of the Frank amendment. ute. And it seems to me that that is part of this budget than many Mem- As Europe melds together economi- important in terms of their financial bers think. Given that, it is essential cally through the European Union, I capability as well as military, political that we not spend money unwisely. One believe they need to meld together and foreign policy. H4152 CONGRESSIONAL RECORD — HOUSE June 23, 1997 Third, the amounts contained in the pansion of security commitments that would prudent is it for the United States to commit to amendment reflect the administra- flow from enlarging NATO on the other, how these expanded security guarantees? tion’s current estimates of the prob- prudent is it for the United States to commit to I could go on at length about the serious po- able U.S. share. The amendment would these expanded security guarantees? litical, strategic, and military issues raised by establish that in law for a period I could go on at length about the serious po- the prospect of NATO expansion. Certainly, through the year 2010, after which a re- litical, strategic, and military issues raised by with U.S. defense budgets in their 13th con- view can be made of the continuing ap- the prospect of NATO expansion. Certainly, secutive year of decline, and with no end to propriateness of that level of commit- with U.S. defense budgets in their 13th con- defense cuts in sight, the cost of NATO ex- ment/restraint. secutive year of decline, and with no end to pansion is a significant concern, but just one Finally, Mr. Chairman, the legisla- defense cuts in sight, the cost of NATO ex- of many. tive initiatives have in the past pro- pansion is a significant concern, but just one COMMITTEE ON NATIONAL SECURITY, vided important leverage to the U.S. of many. Washington, DC, April 25, 1997. Government in negotiations with Mr. STUMP. Mr. Chairman, I yield The Honorable WILLIAM J. CLINTON, NATO partners on burdensharing ar- back the balance of my time. President, The White House, Mr. FRANK of Massachusetts. Mr. Washington, DC. rangements, and on numerous occa- DEAR MR. PRESIDENT: Recent statements sions we in this body have voted to Chairman, I yield back the balance of by Administration officials indicate that the give our Government that kind of le- my time. United States will propose the expansion of verage. The gentleman from Massachu- Mr. SPENCE. Mr. Chairman, I too am con- NATO to include several central European setts simply provides us with one addi- cerned about the costs of NATO expansion states by 1999 at the upcoming NATO Min- tional opportunity to do it. I rise in en- and have serious doubts about the estimates isterial meeting in July 1997. thusiastic support. advanced by the Clinton administration. While We are strong supporters of NATO and are Mr. STUMP. Mr. Chairman, I include I have some doubts about the practicality of inclined to support its expansion. We think there is a strong moral case to be made for a statement by the chairman of the this amendment as written, I look forward to expanding the alliance and there are compel- committee for the RECORD. working with all Members who have concerns ling geopolitical reasons in favor of alliance Mr. SPENCE. Mr. Chairman, I too am con- about the numerous implications of NATO ex- enlargement as well. Americans have long cerned about the costs of NATO expansion pansion. recognized the importance of a peaceful Eu- and have serious doubts about the estimates As my colleagues may be aware, Mr. DEL- rope to the United States, a condition that advanced by the Clinton administration. While LUMS and I share a number of concerns over serves the aforementioned U.S. national in- I have some doubts about the practicality of the process and purpose of NATO expansion. terests. Recently, we wrote a joint letter to the Presi- However, we believe that the purpose of this amendment as written, I look forward to the alliance is as important as the process of working with all Members who have concerns dent, as yet unanswered, and published a expansion. We are concerned that thus far, about the numerous implications of NATO ex- jointly authored editorial highlighting these the Administration has failed to explain in pansion. concerns. I ask that the letter and copy of the much detail what a fully expanded NATO en- As my colleagues may be aware, Mr. DEL- editorial be submitted for the record and print- tails in terms of its function, structure and LUMS and I wrote a letter to the President, as ed immediately following my remarks in the membership. There remain a number of im- yet unanswered, and published a jointly au- CONGRESSIONAL RECORD. portant unanswered questions about the im- thored editorial highlighting these concerns. Both the letter and editorial take cost as an plications of such a course on U.S. national Both the letter and editorial take cost as an important factor in NATO expansion, but sec- security strategy, force structure, defense budgets, and relations with Russia and other important factor in NATO expansion, but sec- ondary to questions of national security and states. Understanding the answers to these ondary to questions of national security and military strategy. I believe as many others do questions is central to understanding the far military strategy. I believe as many others do that NATO is perhaps the most successful alli- reaching consequences of NATO expansion. that NATO is perhaps the most successful alli- ance in history, and I am concerned that the As the House National Security Committee ance in history, and I am concerned that the administration's focus on the process of NATO will increasingly focus on this important administration's focus on the process of NATO expansion diverts attention from understanding matter in the months ahead, we would appre- expansion diverts attention from understanding the purpose of an expanded alliance. ciate written answers, classified and unclas- the purpose of an expanded alliance. Personally, I am a strong supporter of sified as required, to the following questions: Personally, I am a strong supporter of NATO, and inclined to support its expansion, STRATEGY NATO, and inclined to support its expansion, for moral, military, and strategic reasons. How- 1. Will an expanded NATO continue to play for moral, military, and strategic reasons. How- ever, too many fundamental questions remain its traditional role in protecting the security interests of the United States and our allies? ever, too many fundamental questions remain unanswered about the implications for United What risks to those interests exist because unanswered about the implications for United States national security strategy, force struc- of expansion plans? How do the benefits of States national security strategy, force struc- ture, defense budgets, and relations with Rus- NATO expansion outweigh the risks? How do ture, defense budgets and relations with Rus- sia and other states. For example: you envision a fully-expanded NATO? De- sia, and other states. In addition to military criteria such as equip- scribe its function, structure, and member- For example: In addition to military criteria ment interoperability, the administration has ship? such as equipment interoperability, the admin- stressed other factors such as ``adherence to 2. Identify the various states seeking istration has stressed other factors such as market democracy'' as necessary for admis- NATO membership and provide your perspec- tive on their reasons for seeking member- ``adherence to market democracy'' as nec- sion to NATO. While opening European mar- ship. Does fear of a resurgent Russia play a essary for admission to NATO. While opening kets may be a worthy U.S. policy objective, it part? What do you believe they hope to gain European markets may be a worthy U.S. pol- is hardly a traditional security consideration by joining NATO? With reference to each icy objective, it is hardly a traditional security and could pose obstacles to admission that prospective member, please explain whether consideration and could pose obstacles to ad- actually prove unsettling to European stability. their candidacy is supported by the current mission that actually prove unsettling to Euro- There are also questions of treaty commit- members of the alliance. If there are dif- pean stability. ments. The heart of NATO's charter is article ferences of opinion among current NATO There are also questions of treaty commit- V, which was interpreted through the cold war members regarding the candidacies of pro- ments. The heart of NATO's charter is article to mandate the use of armed force to defend spective members, please identify those areas where differences exist, and which V, which was interpreted through the cold war NATO members. In fact, the actual language member countries have concerns. to mandate the use of armed force to defend of article V is ambiguous, and thus, perhaps 3. What military, geostrategic, or other NATO members. In fact, the actual language requires the United States and our current and benefits might new NATO members bring to of article V is ambiguous, and thus, perhaps future alliance partners to come to a mutual the alliance? What might be the liabilities requires the United States and our current and understanding of what article V means in this associated with their membership? future alliance partners to come to a mutual changed security environment. 4. The current strategy for NATO expan- understanding of what article V means in this There are calculations of military force struc- sion is a high-profile, protracted process, re- quiring many years to implement. How long changed security environment. ture and capabilities, as well. Considering re- will it take to complete this process, and There are calculations of military force struc- ductions in U.S. defense budgets and military what indices will show that it is completed? ture and capabilities, as well. Considering re- force structure on the one hand and the ex- How many intermediate stages of expansion ductions in U.S. defense budgets and military pansion of security commitments that would do you envision, and which states are likely force structure on the one hand and the ex- flow from enlarging NATO on the other, how to become NATO members at these stages? June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4153 Were alternative strategies that would speed tive members regarding the meaning of Arti- apportioned to the 050 budget function as op- the process rejected? If the expansion process cle V? Would the interpretation of Article V posed to the 150 budget function? were interrupted prior to completion, would differ for new NATO members? RELATIONS WITH RUSSIA NATO remain strategically viable at each FORCE STRUCTURE AND MILITARY CAPABILITY 1. How do you anticipate Russia will react stage of expansion? What measures factor in 1. Will the United States and its NATO al- to an expanded NATO? How does the Admin- that judgment? lies have the military wherewithal to honor istration weigh the likelihood that Russia 5. The Administration’s February 1997 Re- the security guarantees implied by Article V will renege on its commitments to abide by port to the Congress On the Enlargement of of the North Atlantic Treaty for new NATO the CFE, INF, ABM, and START treaties, NATO describes the process of NATO en- members located in central and eastern Eu- forward deploy nuclear weapons, invade the largement as part of a broader strategy to rope? Baltic states, or accelerate the formation of adapt the alliance to the post-Cold War secu- 2. The Administration’s Report to the Con- alliances of its own, perhaps with China? rity environment, which includes a willing- gress On the Enlargement of NATO declares 2. Will NATO expansion aggravate Russian ness to conduct out-of-area peacekeeping- that the United States will ‘‘extend solemn threat perceptions and increase the possibil- type operations. To what degree are prospec- security guarantees to additional nations,’’ ity of nuclear miscalculation? What assur- tive NATO members willing and able to par- but that ‘‘there will be no need for additional ances have been given by the Administration ticipate in peacekeeping operations, includ- U.S. forces.’’ Considering on-going cuts in to Russia in order to ameliorate Russia’s ing those that are ‘‘out of area’’? Does the the defense budget and U.S. military force concerns over expansion? Has the United United States intend to seek significant par- structure on the one hand and the expansion States pledged not to deploy nuclear weap- ticipation in such operations by newly-ad- of security commitments that would flow ons on the territory of new NATO members? mitted NATO member states? Is such par- from expanding NATO on the other, can the What guarantees have the Russians sought ticipation a viable substitute for American U.S. prudently commit to these expanded se- regarding NATO expansion and which have involvement in such peace-keeping like oper- curity guarantees? How? And at what cost to been agreed to by the Administration? Will ations? the U.S. national military strategy? the Russians have a veto over any NATO de- 6. The Administration’s report to Congress 3. Have the United States and NATO devel- cision? What procedures will be put in place also concludes that failing to enlarge NATO oped contingency plans for the defense of to give Russia a voice in NATO deliberations would lead to feelings of ‘‘isolation and vul- new NATO members under various scenarios, and the alliance decision-making process, in- nerability’’ among prospective members, including a resurgent Russia? What forces cluding decisions on peacekeeping? What would be ‘‘destabilizing,’’ and ‘‘would en- and operational capabilities would be needed confidence building measures, if any, will be courage nationalist and disruptive forces to satisfy the most demanding of these sce- implemented to lessen Russian concerns and throughout Europe.’’ On what evidence are narios, including nuclear scenarios? insecurities? these conclusions based? Please identify the 4. Under an expanded NATO, will the U.S. 3. Russian statements indicate that Russia specific nationalistic and disruptive forces of ‘‘nuclear umbrella’’ extend to new members may feel isolated and vulnerable if NATO ex- concern. in central and eastern Europe? Since the pands, and may revert to a more nationalis- MEMBERSHIP CRITERIA United States has reportedly pledged not to deploy tactical nuclear weapons on the terri- tic security posture. Does the Administra- 1. What criteria have been established to tories of these new NATO members, does this tion share this view? If so, does the Adminis- determine which states are ready to be inte- mean that any nuclear guarantees extended tration judge the security risks of an inse- grated into the formal NATO security struc- to these states must be satisfied by U.S. cure, more nationalistic Russia to be less ture? What are the relative weights as be- strategic nuclear weapons? Will the nuclear than those of an insecure eastern Europe if tween political, economic and military re- forces of other NATO states provide similar NATO fails to expand? form in making a judgment on eligibility for extended deterrence to new members? Has 4. Has the United States promised Russia membership? Will current members be ex- there been any discussion regarding with- that the Baltic countries would not be al- pected to meet these criteria for continued drawal of tactical nuclear weapons from the lowed into NATO for the foreseeable future? membership? theater as an element to calm possible Rus- Will there be any U.S. security commitment 2. To what degree is economic integration sian concerns? to the Baltic states? If so, what form will it with the European Community a pre- 5. It has been reported that the defense of take? If not, why not? requisite to NATO membership? Why is this, new NATO member states will be based on 5. There have been reports that the United or why is this not, important? the principle of rapidly deploying other States will seek to alleviate Russian con- 3. Which states are the most likely can- NATO forces to those countries in the event cerns over NATO expansion by agreeing to didates for NATO membership and why? Are of conflict, rather than pre-deploying sub- significant reductions in the ceilings on former Soviet republics, like Ukraine and stantial force enhancements in-country. It NATO conventional arms imposed by the the Baltic states, or even Russia itself, pos- has further been reported that this strategy Conventional Forces in Europe (CFE) Treaty sible candidates for NATO admission? If we was chosen as a result of Russian concerns or by freezing the level of NATO military seek to avoid a new European division, can over NATO encroachment on their borders forces deployed near Russia. Are these re- we afford to proceed with enlargement with- and Congressional concerns over the cost to ports accurate? What constraints will be im- out a fully developed view as to our ultimate the United States of expansion. Are these re- posed on the military force levels of new goal for enlargement? ports accurate? More generally, please ex- NATO members? Does the Administration 4. There have been reports that some pro- plain the rationale for preferring rapid de- plan to seek comparable constraints on spective NATO member states have sold ployment capabilities to pre-positioning. forces deployed in Ukraine, Belarus, and the arms to so-called rogue regimes like Iran. Russian region of Kaliningrad? How does this affect their prospects for FUNDING 1. What are the underlying assumptions 6. How does the Administration see Rus- membership? Is the halting of such sales or sia’s relations with an expanded NATO? How arms deliveries a prerequisite for alliance that resulted in the Administration’s cost estimate for NATO expansion and how credi- does the Administration plan to integrate membership? Does a discussion of these is- Russia into a unified European security sues create a climate to help reduce pro- ble do you believe those assumptions are for the long term? In particular, please identify structure and what is the timeline for this liferation of technology capable of aiding integration? Will the Partnership for Peace programs for weapons of mass destruction or the number of countries, the types of activi- ties, and the assumed level of threat on program remain the primary vehicle for ac- advanced conventional weapons by current complishing this objective? Can the Admin- members? which the estimates are based. Also, please supply a similar analysis based upon your istration envision Russian NATO member- TREATY COMMITMENTS projections for a fully expanded NATO, and ship in the future, assuming all conditions 1. What exactly will U.S. treaty obliga- for any intermediate steps envisioned for the for membership are met? If so, would more tions be to new NATO members? What types expansion process. explicit recognition of this possibility ease of assurances, if any, have been discussed 2. Will other NATO countries share in the Russian concerns with current plans for en- with prospective members regarding the U.S. costs of an expanded NATO and how will larging NATO? commitment to their security? costs be apportioned among them? 7. What is the nature of the proposed 2. Article V of the North Atlantic Treaty 3. What arrangements are in place or being NATO-Russia Charter? The Joint Statement states that, in response to an armed attack, negotiated to ensure that the new financial signed by Presidents Clinton and Yeltsin at a NATO member ‘‘will assist the Party or commitments from NATO members are Helsinki notes there should be ‘‘consulta- Parties so attacked by taking forthwith indi- kept? Who will pay these costs in the event tion, coordination and, to the maximum ex- vidually and in concert with the other Par- new members or current members are unable tent possible where appropriate, joint deci- ties, such actions as it deems necessary, in- to keep their commitments to do so? sion-making and action on security issues of cluding the use of armed force, to restore 4. How and why does the Administration’s common concern.’’ Can the Russians insist and maintain the security of the North At- cost estimate for NATO expansion signifi- on participating in NATO discussions on any lantic area.’’ What is the Administration’s cantly differ from the estimates prepared by issue of concern? Does this give Russia a interpretation of Article V? Does it mandate the Rand Corporation and the Congressional veto power over NATO decisions? At a mini- the use of U.S. armed force to defend other Budget Office? mum, would the NATO-Russian Charter com- NATO members? What representations have 5. What will be the source of the U.S. fund- plicate the NATO decision-making process in been made by the Administration to prospec- ing for NATO expansion? What costs will be ways detrimental to the alliance, especially H4154 CONGRESSIONAL RECORD — HOUSE June 23, 1997 if there existed a lack of common purpose We believe that at least seven basic sets of Russia relations. The projected NATO–Rus- between NATO and Russia? questions must be addressed more thor- sia charter is unlikely to permanently solve 8. Doesn’t a separate NATO-Russia forum oughly. The first, and most basic, concerns this problem. undermine the effectiveness of the existing the role that the alliance will play in U.S. Finally, there is the matter of relations NATO Council? Because Russia will appar- national security strategy. Will an expanded within the NATO alliance itself. To date, the ently be able to participate in NATO deci- NATO continue in its traditional role as a process of expansion has been driven almost sions before new members are admitted, is defensive military alliance? The administra- exclusively by the United States. We need to the Administration concerned whether the tion, in its recent report to Congress on the know, for example, if our current allies have NATO-Russian forum might unfairly penal- costs of NATO expansion, speaks of ‘‘broader differences of opinion regarding which states ize prospective members by giving greater adaption of NATO’’ for the purpose of ‘‘evo- should be included in an expanded NATO or voice to Russian concerns earlier in the proc- lution of a peaceful, undivided and demo- the timeframe for their inclusion. What un- ess? cratic Europe.’’ What, exactly, does that resolved tensions or rivalries might new RELATIONS WITH OTHER NATO MEMBERS mean, especially if expansion is accom- members bring into NATO that could cause plished one step at a time? fractures within the alliance, as exist now 1. What reservations have been expressed, A second set of questions revolve around between Greece and Turkey? Will these ten- if any, by the current NATO states regarding the criteria for membership in the alliance. sions or rivalries lead to potential American the expansion of the alliance? Are there dif- For example, in addition to military criteria military involvement, crisis management, or ferences of opinion regarding which states such as equipment interoperability, the ad- even intra-alliance hostilities, or will they should be included in an expanded NATO ministration has stressed other factors such be stabilized in the context of alliance man- and/or the timeframe for their inclusion? If as ‘‘adherence to market democracy’’ as nec- agement? so, please identify the specific positions of essary for admission to NATO. While open the individual member countries. These questions raise profound issues of European markets may be a worthy U.S. pol- 2. What unresolved tensions or rivalries U.S. national security and defense policy, icy objective, it is hardly a traditional secu- might new NATO members bring into the al- provide insight into the grave commitment rity consideration and could pose obstacles liance that could cause fractures within that the expansion of NATO entails, and un- to admission that actually prove unsettling NATO, as exist now between Greece and Tur- derscore the need for a more thorough airing to European stability. key? Might these tensions or rivalries lead of the issue and a frank assessment of the at- Third, there are questions of treaty com- to potential American military involvement tendant risks. The Atlantic Alliance remains mitments. The heart of NATO’s charter is in intra-alliance hostilities? Does the Ad- the cornerstone of U.S. policy toward Eu- Article V, which was interpreted through the ministration prefer for purposes of European rope, and has been responsible for one of the Cold War to mandate the use of armed force stability to seek to resolve such conflicts most peaceful periods in European history. to defend NATO members. In fact, the actual within the security architecture of the On many matters of national security policy language of Article V is ambiguous, and NATO alliance? If so, would similar tensions we hold widely divergent political views, but thus, perhaps requires the United States and (e.g., Baltic-Russian problems) be better re- we have a common recognition of the con- our current and future alliance partners to solved in this context as well? tinuing value and future potential of NATO. come to a mutual understanding of what Ar- We appreciate your prompt attention to It should be possible to reach a common un- ticle V means in this changed security envi- these important questions and ask that an- derstanding of the purpose of the alliance in ronment. swers be provided not later than May 30, 1997. a vastly changed Europe, and the best paths Sincerely, A fourth set of questions involves calcula- to achieve that purpose without needlessly FLOYD D. SPENCE, tions of military force structure and capa- redividing Europe. But the time to come to Chairman. bilities, and applies to the United States as grips with the serious implications of an ex- RON DELLUMS, well as to any alliance partner, current or panded NATO is now, not after the process of Ranking Minority Member. prospective. expansion is underway. Considering reductions in U.S. defense The CHAIRMAN. The question is on [From the Washington Times, May 29, 1997] budgets and military force structure on the the amendment offered by the gen- one hand and the expansion of security com- IS A BIGGER NATO ALSO BETTER? tleman from Massachusetts [Mr. mitments that would flow from enlarging FRANK]. (By Floyd D. Spence and Ronald V. Dellums) NATO on the other, how prudent is it for the In just a few months, the Clinton adminis- U.S. to commit to these expanded security The question was taken; and the tration is set to commit the United States to guarantees? Considering the similar reduc- Chairman announced that the ayes ap- the expansion of NATO, and consequently ex- tions that have occurred in the military peared to have it. pand America’s role in guaranteeing stabil- budgets and forces of our NATO partners, Mr. DICKS. Mr. Chairman, I demand ity and security in Europe. how do they intend to support expanded se- a recorded vote, and pending that, I We are strong supporters of NATO and are curity commitments? And under an ex- make the point of order that a quorum inclined to support its expansion. We think panded NATO, will the U.S. ‘‘nuclear um- is not present. there is a strong moral case to be made for brella’’ extend to new members in central expansion and find compelling geopolitical and eastern Europe? Since the U.S. has re- The CHAIRMAN. Pursuant to House reasons in favor of alliance enlargement as portedly pledged not to deploy tactical nu- Resolution 169, further proceedings on well. From the nation’s founding, Americans clear weapons on the territories of these new the amendment offered by the gen- have long recognized the importance to this NATO members, would this mean that any tleman from Massachusetts [Mr. country of a peaceful Europe. Since its nuclear guarantees extended to these states FRANK] will be postponed. founding, the NATO alliance has been the must be satisfied by U.S. strategic nuclear The point of no quorum is considered primary vehicle for protecting our own na- weapons? withdrawn. tional interests on the continent. Funding questions raise a fifth category of However, we believe that NATO’s fun- uncertainties. The administration’s recent b 1330 damental purpose, even in the post-Cold War report on the costs of NATO expansion was world, is more important than the process of based upon very optimistic political assump- Mr. STUMP. Mr. Chairman, I move expansion. We are concerned that the discus- tions about the likelihood of conflict in Eu- that the Committee do now rise. sion to date of expansion has failed to illu- rope, and only calculated the costs of expan- The motion was agreed to. minate the purpose, function, structure and sion based upon the admission to the alli- Accordingly, the Committee rose; membership of an expanded NATO. To us, it ance of three nations, probably Poland, Hun- and the Speaker pro tempore [Mr. HAN- makes little sense to embark upon such an gary, and the Czech Republic. Even if the SEN] having assumed the Chair, Mr. ambitious endeavor without first having a cost estimates are accurate, a more fully ex- better understanding of where we want to go panded NATO will surely come at a much Young of Florida, Chairman of the and the obstacles likely to be encountered. higher price tag. However, cost studies done Committee of the Whole House on the We are troubled by the number of impor- by the Congressional Budget Office and Rand State of the Union, reported that that tant questions that have not been publicly Corporation have used more conservative as- Committee, having had under consider- addressed concerning the implications of ex- sumptions and projected much higher costs ation the bill (H.R. 1119) to authorize pansion on U.S. national security strategy, than has the administration. appropriations for fiscal years 1998 and military force structure, defense budgets, Sixth, how will Russia react to an ex- 1999 for military activities of the De- and relations with Russia and other states. panded NATO? The process of expansion partment of Defense, to prescribe mili- The administration and the Congress owe it promises to be a protracted one, quite pos- to all Americans to explain as fully as pos- sibly extending over decades. If the current tary personnel strengths for fiscal sible the far-reaching consequences of NATO Russian attitude toward expansion persists, years 1998 and 1999, and for other pur- expansion and to set forth a vision of a fully NATO expansion will become a permanent poses, had come to no resolution there- expanded Atlantic alliance. source of tension in already complex U.S.- on. June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4155 SUFFICIENCY OF NOTICE CON- sider amendment No. 1 in part 2 of my hometown paper, which was full of CERNING ORDER OF AMEND- House Report 105–137. talk about what happened on that L.A. MENTS DURING FURTHER CON- AMENDMENT NO. 1 OFFERED BY MR. BACHUS freeway. SIDERATION OF H.R. 1119, NA- Mr. BACHUS. Mr. Chairman, I offer We really have to ask ourselves, who TIONAL DEFENSE AUTHORIZA- an amendment. in our country are our heroes? Some TION ACT FOR FISCAL YEAR 1998 The CHAIRMAN. The Clerk will des- people are saying that the fact that Mr. STUMP. Mr. Speaker, I ask ignate the amendment. Timothy McVeigh did what he did in unanimous consent that the notice I The text of the amendment is as fol- Oklahoma City, that he is still a mili- gave in order of amendments notice be lows: tary hero. I would remind my col- considered sufficient in terms of com- Part 2 Amendment No. 1 offered by Mr. leagues that our country’s oldest mili- pliance with requirements of section 5 BACHUS: tary force is our National Guard; and of House Resolution 169. At the end of title X (page 360, after line 8), when it was formed, the word was said insert the following new section: The SPEAKER pro tempore. Is there that to be a good soldier, one had to be SEC. . PROHIBITION OF PERFORMANCE OF objection to the request of the gen- a good citizen, too; to fight for the MILITARY HONORS UPON DEATH OF country, you had to do it both at home tleman from Arizona? PERSONS CONVICTED OF CAPITAL Mr. DELLUMS. Reserving the right CRIMES. and abroad. to object, Mr. Speaker, I shall not ob- (a) MILITARY FUNERALS.—The Secretary of This amendment is not offered out of ject, but I simply reserve the right to Defense and the Secretary of Transportation, disrespect for any one person. It is of- with respect to the Coast Guard when it is object to yield to my distinguished col- fered out of respect, respect for the vic- not operating as a service in the Navy, may tims of those that we would honor in league to explain the basis of his unan- not provide military honors at the funeral of imous consent request so that Members our cemeteries with a 21- or 12-gun sa- a person who has been convicted of a crime lute, a chaplain, requiring military can understand. under State or Federal law for which death honor guard to be present. This amend- Mr. STUMP. Mr. Speaker, will the is a possible punishment and for which the gentleman yield? person was sentenced to death or life impris- ment, the catalyst, is not Oklahoma Mr. DELLUMS. I yield to the gen- onment without parole. City. The catalyst was Mobile, AL, tleman from Arizona. (b) APPLICABILITY OF SECTION.—This sec- where last week a man named Henry tion applies without regard to any other pro- Mr. STUMP. Mr. Speaker, I thank Francis Hayes was given a full military vision of law relating to funeral or burial honor funeral and laid to rest at the the gentleman for yielding. benefits. Mr. Speaker, under the rules, we Mobile National Cemetery, over the The CHAIRMAN. Pursuant to the protest of several of the people serving have to give an hour’s notice. That was rule, the gentleman from Alabama [Mr. the reason for it. in the unit who attended. BACHUS] and a Member opposed each Henry Francis Hayes was not a hero. Mr. DELLUMS. I thank the gen- will control 5 minutes. He was electrocuted in Alabama on tleman. The Chair recognizes the gentleman June 7 for the murder of a young black Mr. Speaker, is the next Member that from Alabama [Mr. BACHUS]. man, 19 years old, in Mobile, AL, who will be offering an amendment pre- Mr. BACHUS. Mr. Chairman, I yield Henry Francis Hayes and other Ku pared to offer an amendment? myself such time as I may consume. Klux Klanners pulled from the safety of Mr. STUMP. Yes, Mr. Speaker. Mr. Chairman, this amendment is a his family, took him to another coun- Mr. DELLUMS. Mr. Speaker, I with- simple amendment. It simply states ty, beat him half to death with sticks, draw my reservation of objection. that someone convicted of a crime and slit his throat, brought him back to The SPEAKER pro tempore. Is there sentenced to death or life imprison- Mobile County, put a hangman’s noose objection to the request of the gen- ment shall not be entitled to a full around his neck, and hung him. tleman from Arizona? honors funeral in one of our national A jury in the State of Alabama said There was no objection. cemeteries. that he was not a hero. But last week, f In considering this amendment, I in a military ceremony, we said to our think we all need to do some serious children and grandchildren, we are NATIONAL DEFENSE AUTHORIZA- soul searching. Who is in entitled to a TION ACT FOR FISCAL YEAR 1998 overlooking this. This is a good soldier. hero’s funeral? I think when we ask This is a hero. And he got a hero’s fu- The SPEAKER pro tempore. Pursu- ourselves, who are our heroes, in this neral, and he is buried in the Mobile ant to House Resolution 169 and rule country, who do we honor? I think we cemetery. XXIII, the Chair declares the House in can go back to the summer of 1994 to I will simply say, who is entitled to a the Committee of the Whole House on tell us that we may be doing the wrong hero’s funeral? Who are our heroes? the State of the Union for the further thing, we may have confused celeb- Mr. LUCAS of Oklahoma. Mr. Chairman, I consideration of the bill, H.R. 1119. rities with heroes, we may have con- rise as a cosponsor of Mr. BACHUS' timely fused notoriety with character. b 1333 amendment that would not allow individuals In 1994, on a Sunday afternoon, we who commit capital crimes where the death IN THE COMMITTEE OF THE WHOLE will recall that there was a famous penalty is an option to be eligible for a full mili- Accordingly the House resolved itself chase on an L.A. freeway and, in that tary burial. into the Committee of the Whole House chase, fully three-quarters of the news Regardless of whether you support or op- on the State of the Union for the fur- media in the country was focused on it. pose the death penalty, it is an affront that an ther consideration of the bill (H.R. As almost what appeared to be half of individual who, in the case of Timothy 1119) to authorize appropriations for the L.A. police force chased someone McVeigh, has been convicted of murdering fel- fiscal years 1998 and 1999 for military down that highway, America was low Americans, to receive the same honors to activities of the Department of De- transformed on to that event. which our veterans are entitled. Active mem- fense, to prescribe military personnel At the same time, on our other shore, bers of the military and veterans embody the strengths for fiscal years 1998 and 1999, here in Washington, there was another very virtues we as Americans cherish. They and for other purposes, with Mr. YOUNG ceremony going on at the very same are the guardians of liberty and the caretakers of Florida in the chair. time. At the White House, two young of the freedoms we all hold dear. Convicted The Clerk read the title of the bill. Army Rangers were being awarded the murderers do not represent these ideals and The CHAIRMAN. When the Commit- Medal of Honor. It was a posthumous should not be honored for their service to our tee of the Whole House rose earlier ceremony. They had given their lives Nation. today, Amendment No. 15 printed in in Somalia. When they left the protec- Currently, there are restrictions regarding Part 2 of House Report 105–137, as modi- tion of their unit and tried to save what veterans are eligible for military burials. fied by section 8(b) of House Resolution some of their fellow soldiers, they were Anybody convicted of treason, espionage, mu- 169, by the gentleman from Massachu- killed. And they and their families tiny, or assisting an enemy of the United setts [Mr. FRANK]. were at the White House receiving the States cannot request a military burial. It is Pursuant to the order of the House Medal of Honor. There was no live TV morally right to add to this list those who have earlier today, it is now in order to con- coverage. There was no mention of it in wantonly disregarded the sanctity of human H4156 CONGRESSIONAL RECORD — HOUSE June 23, 1997 life and have been convicted of a capital crime (c) APPLICABILITY.—The amendment made buried in the common area in Arling- by a jury of their peers. Anything less would to section 6105 of title 38, United States ton National Cemetery. There are be a slap in the face of our veterans. Code, by subsection (a) shall apply to any other factors that are involved in this Last week, I supported a constitutional person convicted under a provision of law issue. For instance, do we really want added to such section by such amendments amendment to prohibit physical desecration of after December 31, 1996. to penalize a widow or dependent chil- the U.S. flag. This week, I urge my colleagues dren because of what that veteran may The CHAIRMAN. Pursuant to the to support this amendment which would pro- or may not have done? If the man had rule, the gentleman from Missouri [Mr. hibit the adornment of the flag on individuals committed suicide before he was con- SKELETON] and a Member opposed, the who have rejected the very ideals which victed, this would not cover the situa- gentleman from Arizona [Mr. STUMP] America represents. tion. each will control 5 minutes. The CHAIRMAN. Does any Member In an effort to try to put all these The Chair recognizes the gentleman rise in opposition to the amendment? ideas together, I asked everyone to from Missouri [Mr. SKELTON]. The question is on the amendment Mr. SKELTON. Mr. Chairman, I yield withdraw their amendments, my good offered by the gentleman from Ala- myself such time as I may consume. friend the gentleman from Missouri did bama [Mr. BACHUS]. Mr. Chairman, I offer the amendment this, and we will be ready to draw up a The question was taken; and the at this time, which changes the law as bill in the next day or so, have hear- Chairman announced that the ayes ap- it relates to veterans and veterans’ ings on it and proceed as rapidly and peared to have it. burials. It is like the amendment that expeditiously as possible. Mr. DICKS. Mr. Chairman, I demand was passed in the Senate at the behest Mr. DICKS. Mr. Chairman, will the a recorded vote, and pending that, I of Senator TORRICELLI, the gentleman gentleman yield? make the point of order that a quorum from New Jersey. Mr. STUMP. I yield to the gentleman is not present. As my colleagues know, the statute from Washington. The CHAIRMAN. Pursuant to House of our law state that certain veterans Mr. DICKS. Mr. Chairman, I want to Resolution 169, further proceedings on are prohibited from being buried in na- commend the gentleman on this. I the amendment offered by the gen- tional cemeteries as a result of certain think that this is something that the tleman from Alabama [Mr. BACHUS] acts and convictions under the crimi- Congress needs to deal with, but the will be postponed. nal law. The statute includes a good gentleman from Arizona, chairman of The point of no quorum is considered number of crimes that prohibit some the Committee on Veterans’ Affairs, I withdrawn. veterans from being so interned. think makes a very valid point. We The CHAIRMAN. It is now in order to However, the crimes of which Timo- want to do this carefully and properly. consider amendment No. 34 printed in thy McVeigh was convicted in Denver, I urge him to keep up his good work part 2 of House Report 105–137. CO, just a few days ago, the destruc- and look forward to voting in favor of AMENDMENT NO. 34 OFFERED BY MR. SKELTON tion of property and the killing of in- his amendment when it comes to the Mr. SKELTON. Mr. Chairman, I offer nocent people by mass destruction, and floor. an amendment. also the intentional killing of Federal Mr. STUMP. I thank the gentleman. The CHAIRMAN. The Clerk will des- law enforcement officers, is not in- Mr. SKELTON. Mr. Chairman, at this ignate the amendment. cluded in that list. And that is the pur- time, realizing that we all seem to be The text of the amendment is as fol- pose of my amendment. singing from the same sheet of music lows: It has come to my attention, how- and unanimous in our attempt to make Part 2 Amendment numbered 34 offered by ever, Mr. Chairman, that subsequent to this law clear and understandable, I do Mr. SKELETON: my offering this amendment and put- ask unanimous consent to withdraw At the end of title V (page 204, after line ting it in line to be taken up at this the amendment. 16), insert the following new section: time, there are some veterans organi- The CHAIRMAN. Is there objection SEC. 572. EXPANSION OF CRIMINAL OFFENSES zations that are concerned. And the to the request of the gentleman from RESULTING IN FORFEITURE OF VET- Missouri? ERANS BENEFITS. gentleman who is the chairman of the There was no objection. (a) IN GENERAL.—Section 6105(b) of title 38, Committee on Veteran’ Affairs, Mr. Mr. DELLUMS. Mr. Chairman, I United States Code, is amended— STUMP, and I have conferred about this; (1) in paragraph (2)— and as my colleagues know, this par- move to strike the requisite number of A by inserting ‘‘32, 37, 81, 175,’’ before ticular amendment is outside the im- words as I understand under the rule ‘‘792,’’; and mediate scope of the Department of whenever the chairman of the commit- (B) by inserting ‘‘831, 842(m), 842(n), 844(c), tee moves to strike the requisite num- 844(f), 844(i), 930(c), 956, 1114, 1116, 1203, 1361, Defense bill, however, would be and has been authorized by the Committee on ber of words, the member from the 1363, 1366, 1751, 1992, 2152, 2280, 2281, 2332, other side automatically, if he chooses 2332a, 2332b, 2332c, 2339A, 2339B, 2340A,’’ after Rules to be taken up today. ‘‘798,’’; However, in deference to the gen- to claim it, has 5 minutes, and I would (2) in paragraph (3)— tleman from Arizona [Mr. STUMP], be- like to claim those 5 minutes. (A) by striking out ‘‘and 226’’ and inserting cause there are to be hearings on this The CHAIRMAN. The Chair would re- in lieu thereof ‘‘226, and 236’’; in an attempt to make sure that the spond to the gentleman that that is (B) by striking out ‘‘and 2276’’ and insert- when an amendment is under consider- ing in lieu thereof ‘‘2276, and 2284’’; and door is battened down fully and cor- rectly on this issue, I will in a moment ation, and technically the gentleman (C) by striking out ‘‘and’’ at the end; from Arizona was using the 5 minutes (3) by redesignating paragraph (4) as para- ask unanimous consent to withdraw graph (5); and this amendment. allocated to him in opposition to the amendment. (4) by inserting after paragraph (3) the fol- b lowing new paragraph (4): 1345 Mr. DELLUMS. Then I move to ‘‘(4) sections 46502 and 60123(b) of title 49; Mr. Chairman, I reserve the balance strike the requisite number of words. and’’. of my time. The CHAIRMAN. Does the gentleman (b) CONFORMING AMENDMENTS.—(1) The sec- Mr. STUMP. Mr. Chairman, I yield ask unanimous consent? ond sentence of section 6105(c) of such title is myself such time as I may consume. Mr. DELLUMS. I would ask unani- amended by striking out ‘‘or (4)’’ and insert- Mr. Chairman, I rose in opposition mous consent to strike the requisite ing in lieu thereof, ‘‘(4), or (5)’’. (2) The heading for such section is amended not because I am in opposition to the number of words. to read as follows: gentleman’s amendment but merely to Mr. CHAIRMAN. Without objection, ‘‘§ 6105. Forfeiture: subversive activities; ter- express my thanks to him for with- the gentleman is recognized for 5 min- rorist activities; other criminal activities’’. drawing his amendment or he is about utes. (3) The item relating to section 6105 in the to. There was no objection. table of sections at the beginning of chapter In the rush to deal with the McVeigh Mr. DELLUMS. Mr. Chairman, first I 61 of that title is amended to read as follows: issue, everyone drafted a bill very rap- would like to concur in the remarks of ‘‘6105. Forfeiture: subversive activities; ter- idly and all fell short. The bill that was my distinguished colleague from Ari- rorist activities; other criminal passed out of the Senate, for instance, zona and in the remarks of my distin- activities.’’. will not prevent McVeigh from being guished colleague from Washington and June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4157 compliment the gentleman from Mis- absence is a result of a hostile action, and least one employee of the Department of De- souri [Mr. SKELTON] for withdrawing whose status is undetermined or who is un- fense described in subparagraph (B)(i); and his amendment. There clearly were accounted for. ‘‘(ii) the ratio of such officers to such em- some unintended consequences to the ‘‘(B) A person described in this subpara- ployees on the board shall be roughly propor- graph is any of the following: tional to the ratio of the number of members gentleman’s amendment, and I think ‘‘(i) A civilian officer or employee of the of the armed forces who are subjects of the withdrawing is the better part of valor Department of Defense. board’s inquiry to the number of civilians at this point. ‘‘(ii) An employee of a contractor of the who are subjects of the board’s inquiry.’’; Second, I would like to take this op- Department of Defense. and portunity just to make an observation ‘‘(iii) An employee of a United States firm (B) in paragraph (4), by striking out ‘‘sec- and a comment, Mr. Chairman. This is licensed by the United States under section tion 1503(c)(3)’’ and inserting in lieu thereof a terrible way to do business. It was 38 of the Arms Export Control Act (22 U.S.C. ‘‘section 1503(c)(4)’’. precisely for this reason that this gen- 2778) to perform duties under contract with a (4) Paragraph (1) of section 1513 of such foreign government involving military train- title is amended to read as follows: tleman rose on Friday last to suggest ing of the military forces of that government ‘‘(1) The term ‘missing person’ means— that Monday is an inappropriate time in accordance with policies of the Depart- ‘‘(A) a member of the armed forces on ac- to debate a bill totaling $263 billion ment of Defense.’’; and tive duty who is in a missing status; or with enormous long-term policy impli- (B) by adding at the end the following new ‘‘(B) a civilian employee of the Department cations. To sit here in a virtually subsection: of Defense or an employee of a contractor of empty Chamber where we are dealing ‘‘(f) SECRETARY CONCERNED.—In this chap- the Department of Defense who serves with with substantive matters on Monday ter, the term ‘Secretary concerned’ in- or accompanies the armed forces in the field when Members are traveling from all cludes— under orders and who is in a missing status. over the country trying to get back ‘‘(1) in the case of a person covered by Such term includes an unaccounted for per- clause (i) of subsection (c)(2)(B), the Sec- here is simply an inappropriate way to son described in section 1509(b) of this title, retary of the military department or head of under the circumstances specified in the last do business. the element of the Department of Defense sentence of section 1509(a) of this title.’’. I know the gentleman from Arizona employing the employee; (b) REPORT ON PRELIMINARY ASSESSMENT OF and I will continue to do our best to ‘‘(2) in the case of a person covered by STATUS.—(1) Section 1502 of such title is try to move the process forward, but I clause (ii) of subsection (c)(2)(B), the Sec- amended— just want the record to show that one retary of the military department or head of (A) in subsection (a)(2)— more time for the purposes of empha- the element of the Department of Defense (i) by striking out ‘‘10 days’’ and inserting sis, Mr. Chairman, that I think that contracting with the contractor; and in lieu thereof ‘‘48 hours’’; and ‘‘(3) in the case of a person covered by (ii) by striking out ‘‘Secretary concerned’’ this is a wholly inappropriate way to clause (iii) of subsection (c)(2)(B), the Sec- do business, and at one level it is rath- and inserting in lieu thereof ‘‘theater compo- retary of Defense.’’. nent commander with jurisdiction over the er embarrassing as a member of this (2) Section 1503(c) of such title is amend- missing person’’; body who certainly came here to be ed— (B) in subsection (a), as amended by sub- substantive and deliberative and who (A) in paragraph (1), by striking out ‘‘one paragraph (A)— wants to engage at a serious level that military officer’’ and inserting in lieu there- (i) by redesignating paragraphs (1) and (2) there is something fatally flawed about of ‘‘one individual described in paragraph as subparagraphs (A) and (B), respectively; this process. (2)’’; (ii) by inserting ‘‘(1)’’ after ‘‘COM- The CHAIRMAN. Pursuant to section (B) by redesignating paragraphs (2) and (3) MANDER.—’’; and as paragraphs (3) and (4), respectively; and 5 of House Resolution 169, it is now in (iii) by adding at the end the following new (C) by inserting after paragraph (1) the fol- paragraph: order to consider amendment No. 10 lowing new paragraph (2): ‘‘(2) However, if the commander deter- printed in part 1 of House Report 105– ‘‘(2) An individual referred to in paragraph mines that operational conditions resulting 137. (1) is the following: from hostile action or combat constitute an AMENDMENT NO. 10 OFFERED BY MR. TALENT ‘‘(A) A military officer, in the case of an emergency that prevents timely reporting Mr. TALENT. Mr. Chairman, I offer inquiry with respect to a member of the under paragraph (1)(B), the initial report an amendment as the designee of the armed forces. should be made as soon as possible, but in no ‘‘(B) A civilian, in the case of an inquiry case later than ten days after the date on gentleman from New York [Mr. GIL- with respect to a civilian employee of the which the commander receives such informa- MAN]. Department of Defense or of a contractor of tion under paragraph (1).’’; The CHAIRMAN. The Clerk will des- the Department of Defense.’’. (C) by redesignating subsection (b) as sub- ignate the amendment. (3) Section 1504(d) of such title is amend- section (c); The text of the amendment is as fol- ed— (D) by inserting after subsection (a), as lows: (A) in paragraph (1), by striking out ‘‘who amended by subparagraphs (A) and (B), the Amendment No. 10 offered by Mr. TALENT: are’’ and all that follows in that paragraph following new subsection (b): Strike out section 568 (page 192, line 9, and inserting in lieu thereof ‘‘as follows: ‘‘(b) TRANSMISSION THROUGH THEATER COM- through page 201, line 9) and insert in lieu ‘‘(A) In the case of a board that will in- PONENT COMMANDER.—Upon reviewing a re- thereof the following: quire into the whereabouts and status of one port under subsection (a) recommending that SEC. 568. IMPROVEMENT OF MISSING PERSONS or more members of the armed forces (and no a person be placed in a missing status, the AUTHORITIES APPLICABLE TO DE- civilians described in subparagraph (B)), the theater component commander shall ensure PARTMENT OF DEFENSE. board shall be composed of officers having that all necessary actions are being taken, (a) APPLICABILITY TO DEPARTMENT OF DE- the grade of major or lieutenant commander and all appropriate assets are being used, to FENSE CIVILIAN EMPLOYEES AND CONTRACTOR or above. resolve the status of the missing person. Not EMPLOYEES.—(1) Section 1501 of title 10, ‘‘(B) In the case of a board that will inquire later than 14 days after receiving the report, United States Code, is amended— into the whereabouts and status of one or the theater component commander shall for- (A) by striking out subsection (c) and in- more civilian employees of the Department ward the report to the Secretary of Defense serting in lieu thereof the following: of Defense or contractors of the Department or the Secretary concerned in accordance ‘‘(c) COVERED PERSONS.—Section 1502 of of Defense (and no members of the armed with procedures prescribed under section this title applies in the case of the following forces), the board shall be composed of— 1501(b) of this title. The theater component persons: ‘‘(i) not less than three employees of the commander shall include with such report a ‘‘(1) Any member of the armed forces on Department of Defense whose rate of annual certification that all necessary actions are active duty who becomes involuntarily ab- pay is equal to or greater than the rate of being taken, and all appropriate assets are sent as a result of a hostile action, or under annual pay payable for grade GS–13 of the being used, to resolve the status of the miss- circumstances suggesting that the involun- General Schedule under section 5332 of title ing person.’’; and tary absence is a result of a hostile action, 5; and (E) in subsection (c), as redesignated by and whose status is undetermined or who is ‘‘(ii) such members of the armed forces as subparagraph (C), by adding at the end the unaccounted for. the Secretary considers advisable. following new sentence: ‘‘The theater compo- ‘‘(2)(A) Any other person who is a citizen of ‘‘(C) In the case of a board that will inquire nent commander through whom the report the United States and is described in sub- into the whereabouts and status of both one with respect to the missing person is trans- paragraph (B) who serves with or accom- or more members of the armed forces and mitted under subsection (b) shall ensure that panies the armed forces in the field under or- one or more civilians described in subpara- all pertinent information relating to the ders and becomes involuntarily absent as a graph (B)— whereabouts and status of the missing per- result of a hostile action, or under cir- ‘‘(i) the board shall include at least one of- son that results from the preliminary assess- cumstances suggesting that the involuntary ficer described in subparagraph (A) and at ment or from actions taken to locate the H4158 CONGRESSIONAL RECORD — HOUSE June 23, 1997 person is properly safeguarded to avoid loss, the same provisions, as an appointment thereof ‘‘each missing person named in the damage, or modification.’’. under section 1504(f)(1) of this title.’’. debriefing report’’; and (2) Section 1503(a) of such title is amended (f) SCOPE OF PREENACTMENT REVIEW.—(1) (D) by adding at the end the following new by striking out ‘‘section 1502(a)’’ and insert- Section 1509 of such title is amended by sentence: ‘‘Any information contained in the ing in lieu thereof ‘‘section 1502(b)’’. striking out in subsection (a) and inserting extract of the debriefing report that pertains (3) Section 1504 of such title is amended by in lieu thereof the following: to unnamed missing persons shall be made striking out ‘‘section 1502(a)(2)’’ in sub- ‘‘(a) REVIEW OF STATUS.—(1) If new infor- reasonably accessible to family members of sections (a), (b), and (e)(1) and inserting in mation is found or received that may be re- missing persons.’’; and lieu thereof ‘‘section 1502(a)’’. lated to one or more unaccounted for persons (2) in paragraph (3)— (4) Section 1513 of such title is amended by described in subsection (b) (whether or not (A) by inserting ‘‘, or part of a debriefing adding at the end the following new para- such information specifically relates (or may report,’’ after ‘‘a debriefing report’’; and graph: specifically relate) to any particular such (B) by adding at the end the following new ‘‘(8) The term ‘theater component com- unaccounted for person), that information sentence: ‘‘Whenever the Secretary with- mander’ means, with respect to any of the shall be provided to the Secretary of De- holds a debriefing report, or part of a debrief- combatant commands, an officer of any of fense. Upon receipt of such information, the ing report, containing information on the armed forces who (A) is commander of all Secretary shall ensure that the information unnamed missing persons from accessibility forces of that armed force assigned to that is treated under paragraphs (2) and (3) of sec- to families of missing persons under this sec- combatant command, and (B) is directly sub- tion 1505(c) of this title and under section tion, the Secretary shall ensure that notice ordinate to the commander of the combatant 1505(d) of this title in the same manner as in- that the withheld debriefing report exists is command.’’. formation received under paragraph (1) of made reasonably accessible to family mem- (c) FREQUENCY OF SUBSEQUENT REVIEWS.— section 1505(c) of this title. For purposes of bers of missing persons.’’. Subsection (b) of section 1505 of such title is the applicability of other provisions of this The CHAIRMAN. Pursuant to the amended to read as follows: chapter in such a case, each such unac- ‘‘(b) FREQUENCY OF SUBSEQUENT REVIEWS.— counted for person to whom the new infor- rule, the gentleman from Missouri [Mr. (1) In the case of a missing person who was mation may be related shall be considered to TALENT] and a Member opposed each last known to be alive or who was last sus- be a missing person. will control 30 minutes. pected of being alive, the Secretary shall ap- ‘‘(2) The Secretary concerned shall appoint The Chair recognizes the gentleman point a board to conduct an inquiry with re- counsel to represent each such unaccounted from Missouri [Mr. TALENT]. spect to a person under this subsection— for person to whom the new information may Mr. TALENT. Mr. Chairman, I yield ‘‘(A) on or about three years after the date be related. The appointment shall be in the myself such time as I may consume. of the initial report of the disappearance of same manner, and subject to the same provi- (Mr. TALENT asked and was given the person under section 1502(a) of this title; sions, as an appointment under section and 1504(f)(1) of this title. permission to revise and extend his re- ‘‘(B) not later than every three years ‘‘(3) For purposes of this subsection, new marks.) thereafter. information is information that— Mr. TALENT. Mr. Chairman, I rise ‘‘(2) In addition to appointment of boards ‘‘(A) is found or received after the date of today to introduce an amendment to under paragraph (1), the Secretary shall ap- the enactment of the the National Defense H.R. 1119 the fiscal year 1998 National point a board to conduct an inquiry with re- Authorization Act for Fiscal Year 1998 by a Defense Authorization Act. This spect to a missing person under this sub- United States intelligence agency, by a De- amendment mirrors and expands on the section upon receipt of information that partment of Defense agency, or by a person language of H.R. 409, the Missing Per- could result in a change of status of the specified in section 1504(g) of this title; or missing person. When the Secretary appoints ‘‘(B) is identified after the date of the en- sons Authorities Improvement Act of a board under this paragraph, the time for actment of the National Defense Authoriza- 1997. subsequent appointments of a board under tion Act for Fiscal Year 1998 in records of the Mr. Chairman, last year this body se- paragraph (1)(B) shall be determined from United States as information that could be cured a victory for U.S. service person- the date of the receipt of such information. relevant to the case of one or more unac- nel, their families and the families of ‘‘(3) The Secretary is not required to ap- counted for persons described in subsection POW/MIA’s by winning the passage of point a board under paragraph (1) with re- (b).’’. H.R. 945, the Missing Service Personnel spect to the disappearance of any person— (2) Such section is further amended by add- ‘‘(A) more than 30 years after the initial ing at the end the following new subsection: Act. That bill received unanimous sup- report of the disappearance of the missing ‘‘(d) ESTABLISHMENT OF PERSONNEL FILES port in the House as part of the defense person required by section 1502(a) of this FOR KOREAN CONFLICT CASES.—The Secretary authorization bill for that year. title; or of Defense shall ensure that a personnel file The amendment would restore the ‘‘(B) if, before the end of such 30-year pe- is established for each unaccounted for per- provisions stricken from the Missing riod, the missing person is accounted for.’’. son who is described in subsection (b)(1). Service Personnel Act by a Senate (d) INFORMATION TO ACCOMPANY REC- Each such file shall be handled in accordance amendment that was offered and OMMENDATION OF STATUS OF DEATH.—Section with, and subject to the provisions of, sec- passed last year. Last year this legisla- 1507(b) of such title is amended adding at the tion 1506 of this title in the same manner as end the following new paragraphs: applies to the file of a missing person.’’. tion was introduced as H.R. 4000. It re- ‘‘(3) A description of the location of the (g) WITHHOLDING OF CLASSIFIED INFORMA- ceived 280 cosponsors and passed unani- body, if recovered. TION.—Section 1506(b) of such title is amend- mously in the House before failing to ‘‘(4) If the body has been recovered and is ed— come to the Senate floor. not identifiable through visual means, a cer- (1) by inserting ‘‘(1)’’ before ‘‘The Sec- Mr. Chairman, I will briefly describe tification by a practitioner of an appropriate retary’’; the provisions of the amendment. I do forensic science that the body recovered is (2) by redesignating paragraphs (1) and (2) not believe that they are controversial. as subparagraphs (A) and (B), respectively; that of the missing person.’’. The first provision to be restored re- (e) MISSING PERSON’S COUNSEL.—(1) Sec- and tions 1503(f)(1) and 1504(f)(1) of such title are (3) by adding at the end the following: quires that military commanders re- amended by adding at the end the following: ‘‘(2) If classified information withheld port and initiate searching for a miss- ‘‘The identity of counsel appointed under under this subsection refers to one or more ing service personnel member within 48 this paragraph for a missing person shall be unnamed missing persons, the Secretary hours, rather than 10 days as stated in made known to the missing person’s primary shall ensure that notice of that withheld in- current law, unless prevented by com- next of kin and any other previously des- formation, and notice of the date of the most bat conditions. ignated person of the person.’’. recent review of the classification of that That bears repeating, Mr. Chairman. (2) Section 1503(f)(4) of such title is amend- withheld information, is made reasonably ed by adding at the end the following: ‘‘The accessible to family members of missing per- The requirement does not apply if the primary next of kin of a missing person and sons.’’. local commander is engaged in an on- any other previously designated person of (h) WITHHOLDING OF PRIVILEGED INFORMA- going combat situation, especially one the missing person shall have the right to TION.—Section 1506(d) of such title is amend- on a large scale. But it is entirely ap- submit information to the missing person’s ed— propriate for peacekeeping operations. counsel relative to the disappearance or sta- (1) in paragraph (2)— Captain O’Grady, for example, was tus of the missing person.’’. (A) by striking out ‘‘non-derogatory’’ both missing for 6 days before being found. (3) Section 1505(c)(1) is amended by adding places it appears in the first sentence; Had he not been reported missing in a at the end the following: ‘‘The Secretary (B) by inserting ‘‘or about unnamed miss- concerned shall appoint counsel to represent ing persons’’ in the first sentence after ‘‘the timely fashion, his story would surely any such missing person to whom such infor- debriefing report’’; have had a different outcome. mation may be related. The appointment (C) by striking out ‘‘the missing person’’ in The second provision in the amend- shall be in the same manner, and subject to the second sentence and inserting in lieu ment covers civilian employees of the June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4159 Defense Department and Defense De- ing issue. We have a lot of other busi- working on on the House side on a bi- partment civilian contractors in the ness to do today. I just want to urge partisan basis for a number of years. same way that active duty personnel my colleagues today to join me in sup- We have made real progress in trying are covered. These civilians are in the porting the amendment to this year’s to make sure that what has happened field under orders to assist our mili- defense authorization bill and thus in the past to many of our men who tary, Mr. Chairman. They deserve the show support for MIA’s, POW’s, their have been lost overseas and never re- same protections afforded our men and families and for the Missing Persons turned, never came home, does not women in uniform. Moreover, with the Authorities Improvement Act of 1997. happen again. I want to thank and con- downsizing of our Armed Forces that Mr. Chairman, I yield 4 minutes to gratulate the gentleman from Indiana has been occurring during the post- the gentleman from Indiana [Mr. [Mr. BUYER], chairman of the Sub- cold-war period, the Department of De- BUYER]. committee on Military Personnel of fense has been increasingly turning to Mr. BUYER. I thank the gentleman the Committee on National Security, civilian contractors for technical sup- from Missouri [Mr. TALENT] for yield- for his comments and for his very hard port with equipment during operations ing me this time. work and his leadership in this. in the field. Mr. Chairman, I rise in support of the Mr. DICKS. Mr. Chairman, will the These contract employees face the Gilman amendment. The Missing Per- gentleman yield? same conditions in the front lines as sons Act, as originally signed into law Mr. TALENT. I yield to the gen- our men and women in uniform. Since by the President, had two major objec- tleman from Washington. they are assuming the same risks, it tives: First to ensure that any member Mr. DICKS. Mr. Chairman, I just want to commend the gentleman for only makes sense that they are allowed of the Armed Forces, and any Depart- his leadership on this issue. I rise in the knowledge that the Pentagon ment of Defense civilian employee or very strong support of his amendment. places the same priority on their recov- contractor employee who serves with ery as it does for military personnel. Mr. TALENT. I am happy to hear or accompanies the Armed Forces in that and I thank the gentleman for his The third key provision in the the field under orders, who becomes a amendment states that if a body is re- comments. prisoner of war or missing is ulti- Mr. GILMAN. Mr. Chairman, I rise today in covered and cannot be identified by vis- mately accounted for by the United ual means, a certification by a credible strong support of this amendment to H.R. States, and, second, as a general rule, 1119, the Fiscal year 1998 National Defense forensic authority has to be made be- such missing persons are not declared fore the DPMO can certify that the Authorization Act. I was unavoidably detained dead solely because of the passage of while returning to Washington from my district, person is dead. This provision is simple time. common sense. There have been too and I thank the gentleman from Missouri, [Mr. The Gilman amendment would en- TALENT] for offering this amendment in my ab- many cases where misidentification of sure that the Missing Persons Act is remains has caused undue trauma for sence. This amendment parallels and broad- restored to those objectives. The need ens the language of H.R. 409, the Missing families. for the amendment is supported by an The last provision I want to mention Persons Authorities Improvement Act of 1997. extensive hearing record. In eight hear- specifically, Mr. Chairman, may be the Early last year, the Congress secured a vic- ings conducted in the last 2 years, nu- most important of all. The amendment tory for U.S. Service Personnel, their families, merous witnesses testified in support contains provisions relating to pre-en- and the families of POW/MIA's by passing of the need to improve the current actment cases, cases that occurred be- H.R. 945, the Missing Service Personnel Act. H.R. 945 received unanimous support in the fore the enactment of the Missing process for accounting for POW/MIA’s. The amendment also makes changes House as part of the Department of Defense Service Personnel Act in 1995. These to law that make sense in the post- Authorization Act of 1996. are primarily from the Korean and the cold-war era. For example, DOD civil- When they were unable to prevent the pas- Vietnam wars. Should any new infor- sage of H.R. 945, the opponents of the legis- mation be found on such a case and be ians and contractors, as well as other nonmilitary personnel like those Unit- lation attached a Senate amendment to the presented to the Department of De- 1997 Defense Authorization Conference Re- fense, the MIA in question must have ed States citizens now in Bosnia are playing an ever increasing role in the port. This amendment removed several key counsel present at any hearing called provisions of the Missing Service Personnel to decide on the convening of a review support of United States military oper- ations. When deployed in support of the Act. board. This amendment being offered today would Furthermore, such counsel must be U.S. military, these people are as much at risk to capture and hostile action as restore those provisions deleted from the revealed to the MIA’s family which can Missing Service Personnel Act by that Senate then provide the counsel with addi- military personnel. They ought to have the same protections under the law. amendment. In the closing days of the 104th tional information as warranted. Fi- Congress, this legislation was introduced as nally, the DOD should treat any new As many of my colleagues know, the United States is in a belated effort to H.R. 4000. That bill received 280 cosponsors information from pre-enactment cases and passed unanimously in the House before fully account for thousands of POW/ in the same manner as for future cases being blocked in the Senate. that may occur. More importantly, the MIA’s throughout the cold war era. The first provision being restored requires law requires that personnel files be es- This amendment would give emphasis that military commanders report and initiate tablished for those servicemen last and direction to that long needed ef- searching for a missing service personnel known alive in Korea. fort. In addition, the amendment would member within 48 hours, rather than 10 days In recent years, Mr. Chairman, infor- also provide family members and oth- as stated in current law, unless prevented by mation has been declassified which re- ers greater access to information about combat conditions. vealed that the United States Govern- missing persons. Finally, the amend- Although current regulations require local ment knew that over 900 soldiers had ment unequivocally makes a clear and commanders to report any individual missing been left behind in Korea. The United strong congressional commitment to for more than 24 hours, individuals often fall Nations has had a similar list available achieving the fullest possible account- through the cracks, especially during military for years, albeit with a much smaller ing for persons missing as a result of operations. number. Mr. Chairman, if that is the hostile action today and in the future. It should be noted that this requirement case, we need to do everything in our I extend a great compliment to the does not apply during ongoing combat situa- power to locate and return these indi- gentleman from Missouri [Mr. TALENT] tions. However, it's application and enforce- viduals. The establishment of person- for his leadership on this issue and that ment are entirely appropriate for peacekeeping nel files for these cases is a small step of the gentleman from New York [Mr. operations. If my colleagues would recall Cap- in that direction, but it does help to or- GILMAN]. For these reasons, I urge my tain O'Grady was missing for 6 days before ganize the information that does exist colleagues to support the Gilman being rescued. Had he not been reported and begins to allow for coordination so amendment. missing for 10 days, it is highly doubtful that that our efforts at personnel recovery Mr. TALENT. Mr. Chairman, I yield he would have been rescued alive. are as efficient as possible. myself such time as I may consume. The second provision in this Amendment Mr. Chairman, I will not go on about I will close, Mr. Chairman, by saying covers civilians employees of the Defense De- the amendment or about the underly- this is an issue that we have been partment and Defense Department civilian H4160 CONGRESSIONAL RECORD — HOUSE June 23, 1997 contractors. These civilians are in the field If that is the case, we need to do everything acting jointly, shall prepare a plan to pro- under orders to assist our military, and they in our power to locate and return these individ- vide appropriate health care to Persian Gulf have earned the same protections afforded uals. While the establishment of personnel veterans (and their dependents) who suffer from a Gulf War illness. our men and women in uniform. files for these cases is a small step in this di- (b) CONTENTS OF PLAN.—In preparing the Moreover, with the downsizing of our Armed rection, it does help to organize the morass of plan, the Secretaries shall— Forces that has been occurring since the end information that exists. (1) use the presumptions of service connec- of the cold war, the DOD has been increas- More importantly it begins to allow for co- tion and illness specified in paragraphs (1) ingly turning to civilian contractors for technical ordination so that our efforts at personnel re- and (2) of section 721(d) of the National De- support with equipment during operations in covery are as effective as possible. fense Authorization Act for Fiscal Year 1995 the field. The opponents of the Missing Service Per- (Public Law 103–337; 10 U.S.C. 1074 note) to These contract employees are facing the sonnel Act, including many in the Pentagon, determine the Persian Gulf veterans (and the same conditions on the front lines as our men believes that these requirements would be dependents of Persian Gulf veterans) who should be covered by the plan; and women in uniform. Since they are assum- overburdensome and inhibit America's war fighting abilities. I do not believe that this is a (2) consider the need and methods avail- ing the same risks, it only makes sense that able to provide health care services to Per- they are allowed the knowledge that the Pen- credible argument. Rather than create more sian Gulf veterans who are no longer on ac- tagon places the same priority on their recov- red tape I believe that provisions will help tive duty in the Armed Forces, such as Per- ery as it does for military personnel. streamline the bureaucracy and improve the sian Gulf veterans who are members of the The third provision to be restored by this investigation process. reserve components and Persian Gulf veter- Amendment states that if a body were recov- Recordingly, I urge my colleagues today to ans who have been separated from the Armed ered and could not be identified by visual join me in supporting this amendment to the Forces; and Fiscal Year 1998 National Defense Authoriza- (3) estimate the costs to the Government means, that a certification by a credible foren- to provide full or partial health care services sic authority must be made. tion Act, and thus show your support for the Missing Persons Authorities Improvement Act under the plan to covered Persian Gulf veter- This provisions is simply common sense. ans (and their covered dependents). There have been too many cases where of 1997. Mr. TALENT. Mr. Chairman, I yield (c) FOLLOW-UP TREATMENT.—The plan re- misidentification of remains has caused undue quired by subsection (a) shall specifically ad- back the balance of my time. dress the measures to be used to monitor the trauma for families. The CHAIRMAN. The question is on Finally, this amendment would restore the quality, appropriateness, and effectiveness the amendment offered by the gen- provision which would impose criminal pen- of, and patient satisfaction with, health care tleman from Missouri [Mr. TALENT]. alties for those Government officials who services provided to Persian Gulf veterans The question was taken; and the after their initial medical examination as knowingly and willfully withhold information re- Chairman announced that the ayes ap- part of registration in the Persian Gulf War lated to the disappearance, whereabouts and peared to have it. Veterans Health Registry or the Comprehen- status of a missing person. Mr. DICKS. Mr. Chairman, I demand sive Clinical Evaluation Program. Prompt and proper notification of any new a recorded vote, and pending that, I (d) SUBMISSION OF PLAN.—Not later than information is essential to the successful in- make the point of order that a quorum March 1, 1998, the Secretaries shall submit to vestigation of each POW/MIA case. This can- is not present. Congress the plan required by subsection (a). not be achieved if individuals deliberately seek The CHAIRMAN. Pursuant to House SEC. 753. COMPTROLLER GENERAL STUDY OF RE- to derail the process. VISED DISABILITY CRITERIA FOR Resolution 169, further proceedings on PHYSICAL EVALUATION BOARDS. it should be noted that these penalties the amendment offered by the gen- Not later than March 1, 1998, the Comptrol- would only apply to future cases, and then tleman from Missouri [Mr. TALENT] ler General shall submit to Congress a study only if the individual in question deliberately will be postponed. evaluating the revisions made by the Sec- and willingly withheld such information. It is The point of no quorum is considered retary of Defense to the criteria used by not our intent to penalize someone for any withdrawn. Physical Evaluation Boards to set disability honest mistake or simple oversight. At the It is now in order to consider amend- ratings for members of the Armed Forces same time, and clear, deliberate obstruction ment No. 11 printed in part 1 of House who are no longer medically qualified for should be punished. Report 105–137. continuation on active duty so as to ensure accurate disability ratings related to a diag- This amendment also contains provisions AMENDMENT NO. 11 OFFERED BY MR. BUYER nosis of a Persian Gulf illness. Such revi- relating to preenactment cases, those from the Mr. BUYER. Mr. Chairman, I offer an sions were required by section 721(e) of the Korean and Vietnam wars. Should any new in- amendment. National Defense Authorization Act for Fis- formation be found on such a case, and is The CHAIRMAN. The Clerk will des- cal Year 1995 (Public Law 103–337; 10 U.S.C. presented to the Secretary of Defense, the ignate the amendment. 1074 note). MIA family in question must have counsel The text of the amendment is as fol- SEC. 754. IMPROVED MEDICAL TRACKING SYS- present at any hearing called to decide on the lows: TEM FOR MEMBERS DEPLOYED conveying of a review board. Amendment No. 11 offered by Mr. Buyer: OVERSEAS IN CONTINGENCY OR At the end of title VII (page 288, after line COMBAT OPERATIONS. Furthermore, such counsel must be re- (a) SYSTEM REQUIRED.—Chapter 55 of title vealed to the MIA's family, which can then 21), insert the following new subtitle: Subtitle F—Persian Gulf Illness 10, United States Code, is amended by insert- provide the counsel with additional information ing after section 1074d the following new sec- as warranted. Finally, the DOD should treat SEC. 751. DEFINITIONS. tion: For purposes of this subtitle: any new information from preenactment cases (1) The term ‘‘Gulf War illness’’ means any ‘‘§ 1074e. Medical tracking system for mem- in the same manner as for future cases that one of the complex of illnesses and symp- bers deployed overseas may occur. toms that might have been contracted by ‘‘(a) SYSTEM REQUIRED.—The Secretary of More importantly, the law requires that per- members of the Armed Forces as a result of Defense shall establish a system to assess sonnel files be established for those service- service in the Southwest Asia theater of op- the medical condition of members of the men last known alive in Korea. erations during the Persian Gulf War. armed forces (including members of the re- In recent years, information has been de- (2) The term ‘‘Persian Gulf War’’ has the serve components) who are deployed outside classified which revealed that the U.S. Gov- meaning given that term in section 101 of the United States or its territories or posses- sions as part of a contingency operation (in- ernment knew that over 900 soldiers had been title 38, United States Code. (3) The term ‘‘Persian Gulf veteran’’ means cluding a humanitarian operation, peace- left behind in Korea, who were last known to an individual who served on active duty in keeping operation, or similar operation) or be alive. The United Nations has had a similar the Armed Forces in the Southwest Asia the- combat operation. list available for years, albeit with a much ater of operations during the Persian Gulf ‘‘(b) ELEMENTS OF SYSTEM.—The system smaller number. War. shall include the use of predeployment medi- I realize that many of these individual (4) The term ‘‘contingency operation’’ has cal examinations and postdeployment medi- POW's are no longer alive, and that it will the meaning given that term in section cal examinations (including an assessment of probably be impossible to ever definitely prove 101(a) of title 10, United States Code, and in- mental health and the drawing of blood sam- ples) to accurately record the medical condi- when how these men died. The North Koreans cludes a humanitarian operation, peacekeep- ing operation, or similar operation. tion of members before their deployment and were a brutal group of captors with an abys- SEC. 752. PLAN FOR HEALTH CARE SERVICES any changes in their medical condition dur- mal record of prisoner treatment. Yet there ex- FOR PERSIAN GULF VETERANS. ing the course of their deployment. The ists the possibility that some of these men (a) PLAN REQUIRED.—The Secretary of De- postdeployment examination shall be con- may still be alive. fense and the Secretary of Veterans Affairs, ducted when the member is redeployed or June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4161 otherwise leaves an area in which the system impractical because of the number of mem- nitive behavioral therapy, which have been is in operation (or as soon as possible there- bers receiving the investigational new drug, effective in treating patients with symptoms after). time constraints, or similar reasons. If the similar to those seen in many Persian Gulf ‘‘(c) RECORDKEEPING.—The results of all Secretary provides notice under subsection veterans. medical examinations conducted under the (a)(1) in a form other than in writing, the (b) ESTABLISHMENT OF PROGRAM.—The Sec- system, records of all health care services Secretary shall submit to Congress a report retary of Defense and the Secretary of Veter- (including immunizations) received by mem- describing the notification method used and ans Affairs, acting jointly, shall establish a bers described in subsection (a) in anticipa- the reasons for the use of the alternative program of cooperative clinical trials at tion of their deployment or during the method. multiple sites to assess the effectiveness of course of their deployment, and records of ‘‘(d) CONTENT OF NOTICE.—The notice re- protocols for treating Persian Gulf veterans events occurring in the deployment area quired under subsection (a)(1) shall include who suffer from ill-defined or undiagnosed that may affect the health of such members the following: conditions. Such protocols shall include a shall be retained and maintained in a cen- ‘‘(1) Clear notice that drug being adminis- multidisciplinary treatment model, of which tralized location to improve future access to tered is an investigational new drug. cognitive behavioral therapy is a component. the records. ‘‘(2) The reasons why the investigational (c) FUNDING.—Of the funds authorized to be ‘‘(d) QUALITY ASSURANCE.—The Secretary new drug is being administered. appropriated in section 201(1) for research, of Defense shall establish a quality assur- ‘‘(3) Information regarding the possible development, test, and evaluation for the ance program to evaluate the success of the side effects of the investigational new drug, Army, the sum of $4,500,000 shall be available system in ensuring that members described including any known side effects possible as for program element 62787A (medical tech- in subsection (a) receive predeployment med- a result of the interaction of the investiga- nology) in the budget of the Department of ical examinations and postdeployment medi- tional new drug with other drugs or treat- Defense for fiscal year 1998 to carry out the cal examinations and that the recordkeeping ments being administered to the members clinical trials program established pursuant requirements are met.’’. receiving the investigational new drug. to subsection (b). (b) CLERICAL AMENDMENT.—The table of ‘‘(4) Such other information that, as a con- The CHAIRMAN. Pursuant to the sections at the beginning of such chapter is dition of authorizing the use of the inves- rule, the gentleman from Indiana [Mr. amended by inserting after the item relating tigational new drug, the Secretary of Health to section 1074d the following new item: and Human Services may require to be dis- BUYER] and a Member opposed each ‘‘1074e. Medical tracking system for members closed. will control 30 minutes. deployed overseas.’’. ‘‘(e) RECORDS OF USE.—The Secretary of The Chair recognizes the gentleman SEC. 755. REPORT ON PLANS TO TRACK LOCA- Defense shall ensure that the medical from Indiana [Mr. BUYER]. TION OF MEMBERS IN A THEATER records of members accurately document the Mr. BUYER. Mr. Chairman, I yield OF OPERATIONS. receipt by members of any investigational myself such time as I may consume. Not later than March 1, 1998, the Secretary new drug and the notice required by sub- Mr. Chairman, I offer this amend- of Defense shall submit to Congress a report section (d). ment as it relates to Persian Gulf war ‘‘(f) DEFINITION.—In this section, the term containing a plan for collecting and main- illnesses. taining information regarding the daily loca- ‘investigational new drug’ means a drug cov- tion of units of the Armed Forces, and to the ered by section 505(i) of the Federal Food, Since the end of the Persian Gulf war extent practicable individual members of Drug, and Cosmetic Act (21 U.S.C. 355(i)).’’. in 1991, a number of service members such units, serving in a theater of operations (b) CLERICAL AMENDMENT.—The table of who were deployed to the Persian Gulf during a contingency operation or combat sections at the beginning of such chapter is theater, both active and reserve, have operation. amended by adding at the end the following experienced a range of illnesses and SEC. 756. REPORT ON PLANS TO IMPROVE DETEC- new item: symptoms, such as fatigue, muscle and TION AND MONITORING OF CHEMI- ‘‘1107. Notice of use of investigational new joint pain, memory loss, severe head- CAL, BIOLOGICAL, AND SIMILAR drugs.’’. HAZARDS IN A THEATER OF OPER- aches and many other symptoms. De- SEC. 758. REPORT ON EFFECTIVENESS OF RE- ATIONS. spite the fact that the Department of SEARCH EFFORTS REGARDING GULF Not later than March 1, 1998, the Secretary WAR ILLNESSES. Defense and the Department of Veter- of Defense shall submit to Congress a report Not later than March 1, 1998, the Secretary ans Affairs have spent millions of dol- containing a plan regarding the deployment, of Defense shall submit to Congress a report lars on medical research, the nature in a theater of operations during a contin- evaluating the effectiveness of medical re- and causes of these illnesses remain gency operation or combat operation, of a search initiatives regarding Gulf War ill- unclear, and in fact remain multifac- specialized unit of the Armed Forces with nesses. The report shall address the follow- the capability and expertise to detect and eted. ing: In fact, the final report of the Presi- monitor the presence of chemical, biological, (1) The type and effectiveness of previous and similar hazards to which members of the research efforts, including the activities un- dential Advisory Committee on Gulf Armed Forces may be exposed. dertaken pursuant to section 743 of the Na- War Veterans’ Illnesses concluded that SEC. 757. NOTICE OF USE OF INVESTIGATIONAL tional Defense Authorization Act for Fiscal many of the health concerns of gulf NEW DRUGS. Year 1997 (Public Law 104–201; 10 U.S.C. 1074 war veterans might never be fully re- (a) NOTICE REQUIREMENTS.—Chapter 55 of note), section 722 of the National Defense solved because of a lack of data. One of title 10, United States Code, is amended by Authorization Act for Fiscal Year 1995 (Pub- the reasons there is a lack of data is adding at the end the following new section: lic Law 103–337; 10 U.S.C. 1074 note), and sec- because the Persian Gulf war medical ‘‘§ 1107. Notice of use of investigational new tions 270 and 271 of the National Defense Au- records were incomplete and inac- drugs thorization Act for Fiscal Year 1994 (Public curate with regard to documenting all ‘‘(a) NOTICE REQUIRED.—(1) Whenever the Law 103–160; 110 Stat. 1613). Secretary of Defense requests or requires a (2) Recommendations regarding additional medical events for service members member of the armed forces to receive an in- research regarding Gulf War illnesses, in- while deployed to the Persian Gulf. cluding research regarding the nature and vestigational new drug, the Secretary shall b 1400 provide the member with notice containing causes of Gulf War illnesses and appropriate the information specified in subsection (d). treatments for such illnesses. As a result of poor medical record- ‘‘(2) The Secretary shall also ensure that (3) The adequacy of Federal funding and keeping during the Persian Gulf, the medical providers who administer an inves- the need for additional funding for medical General Accounting Office, GAO, has tigational new drug or who are likely to research initiatives regarding Gulf War ill- recommended that the Department of nesses. treat members who receive an investiga- Defense, using the lessons learned from tional new drug receive the information re- SEC. 759. PERSIAN GULF ILLNESS CLINICAL quired to be provided under paragraphs (3) TRIALS PROGRAM. the war, promptly complete and imple- and (4) of subsection (d). (a) FINDINGS.—Congress finds the follow- ment a DOD-wide policy for medical ‘‘(b) TIME FOR NOTICE.—The notice required ing: surveillance for all major deployments to be provided to a member under subsection (1) There are many ongoing studies that in- of U.S. forces. A medical surveillance (a)(1) shall be provided before the investiga- vestigate risk factors which may be associ- system that collects, analyzes and dis- tional new drug is first administered to the ated with the health problems experienced seminates health information will member, if practicable, but in no case later by Persian Gulf veterans; however, there greatly facilitate DOD’s ability to in- than 30 days after the investigational new have been no studies which examine health tervene in a timely manner to address drug is first administered to the member. outcomes and the effectiveness of the treat- ‘‘(c) FORM OF NOTICE.—The notice required ment received by such veterans. health care problems experienced by under subsection (a)(1) shall be provided in (2) The medical literature and testimony military personnel. writing unless the Secretary of Defense de- presented in hearings on Gulf War illnesses As a result of this poor medical rec- termines that the use of written notice is indicate there are therapies, such as cog- ordkeeping and consistent with the H4162 CONGRESSIONAL RECORD — HOUSE June 23, 1997 General Accounting Office’s rec- symptoms are. As the GAO has said, I serve on the Subcommittee on Na- ommendations, this amendment in- since much of the research was not tional Security and on the Permanent cludes the requirement for the Sec- begun until well after the war ended, Select Committee on Intelligence as retary of Defense to establish a medi- the results are not yet available. I the ranking Democrat, and we have cal tracking system to be used during think that is an important question for asked for an investigation of this: all overseas contingencies or wartime us to answer: What is the right re- What did we know, and when did we operations, plus humanitarian oper- search? know it, and was there an attempt at ations for all deployed military mem- My amendment therefore directs the the Pentagon not to really come clean bers, including reservists. I believe this Secretary of Defense to evaluate the with the American people on this is critical. If we are going to send our effectiveness of all the research done to issue? I have worried about the veter- service members to foreign lands for date on the potential causes of gulf war ans that are out there, many of which combat, humanitarian, or contingency illnesses and to identify requirements came from my State, my district, who operations, we must make sure we for additional research on possible cau- served in the gulf war, who were told know the health status of those mem- sation and appropriate treatments. I that, well, there was no exposure to bers, what it is going into and coming sincerely believe this amendment ad- chemical weapons; they are also told out of the area of operations. dresses many of the criticisms and rec- that they may be suffering from a post Another GAO study on the effective- ommendations relating to the Govern- war mental syndrome. ness of the clinical treatment of ill vet- ment’s investigation into and re- Well, I do not think that is accurate, erans found that both while DOD and sponses to gulf war illnesses. It takes a and I think the studies that have been VA have tried to measure or insure the dramatic step toward ensuring that our done and the work that has been done quality of veterans’ initial examina- service members and the veterans are by doctors all over the country who tions, neither agency can determine treated properly. It has strong support have treated Gulf War veterans proves the appropriateness or the effective- not only from the American Legion, conclusively that there are some other ness of the care veterans have subse- but also the Veterans of Foreign Wars. problems than the ones that have been quently received. The Presidential Ad- I want to thank my colleagues and suggested by the Defense Department. visory Committee also cited short- the gentleman from Illinois [Mr. Out in California, for example, Dr. comings in the availability of treat- EVANS] and the gentleman from Rhode Garth Nicholson has treated many pa- ment for gulf war veterans experienc- Island [Mr. KENNEDY]. I would also like tients who have had infectious micro- ing symptoms from gulf war illnesses to give a special thank you to the plasmas, and this would mean that and recommended better followup care chairman of the Committee on Na- somehow they were exposed to an in- for these members. Additionally, ac- tional Security, the gentleman from fectious agent while they were in the cording to the drafted GAO report, nei- South Carolina [Mr. SPENCE] and for gulf and brought it back. In fact, some ther agency has any plans to establish the leadership of the chairman of the have given it to their children, their a mechanism to monitor these veter- Committee on Veterans’ Affairs, the wives and even their pets, and again ans’ progresses. gentleman from Arizona [Mr. STUMP] the Pentagon has been very slow to ac- Therefore, this amendment directs for their support in this effort. I knowledge this possibility. the Secretary of Defense and Secretary strongly encourage adoption of the Now they are doing a study of this; of Department of Veterans Affairs to comprehensive, bipartisan amendment, they are looking into Dr. Nicholson’s develop measures to be used to monitor and let us show the support for our vet- research, and I have talked, in trying the effectiveness and the quality of fol- erans in this regard. to help Dr. Nicholson I have talked, to lowup health care services provided to Mr. DELLUMS. Mr. Chairman, I ask doctors all over the country who are the Persian Gulf veterans experiencing unanimous consent to claim the 30 treating gulf war veterans at the var- symptoms of gulf war illnesses. Every minutes that no one rose in opposition ious veteran’s hospitals, and they are effort must be made to follow up on the on the gentleman’s amendment. I am incredulous by the way that Washing- care provided to these veterans to not in opposition, but I rise to claim ton, DC, has treated this. make sure the treatment they receive the time. Now in recent months, the last sev- is effective in treating the symptoms The CHAIRMAN. Is there objection eral months, the administration I of these illnesses. to the request of the gentleman from think has, and I do not blame the To address the longstanding concerns California? President for this, but people over at of many Members of Congress, includ- There was no objection. the Defense Department have finally ing myself, about whether the Depart- The CHAIRMAN. The gentleman gotten the message that the American ment of Defense is appropriately treat- from California [Mr. DELLUMS] will people want to see every one of these ing ill Persian Gulf service members, control 30 minutes. possible causes for gulf war diseases to particularly with regard to physical PARLIAMENTARY INQUIRY be investigated, and this Congress has disability separation process, this Mr. BUYER. Mr. Chairman, I have a given them the money to do that, the amendment directs the GAO to study parliamentary inquiry. Committee on Appropriations has the physical evaluation board process The CHAIRMAN. The gentleman will given them the resources to do that, to insure accurate disability ratings state his inquiry. and still there has been resistance over for diagnosis of the Persian Gulf ill- Mr. BUYER. Mr. Chairman, I believe there, saying we have to study, and we nesses. I believe it is very important there were 30 minutes on this amend- have to do this. for us to make sure that the services ment to be divided 15 and 15. Therefore, I am all for professional studies, I am are not separating Persian Gulf veter- I would have 15 and the gentleman all for peer review, but I do not want it ans for medical reasons who have no from California would have 15, not the to be a way of saying we can only af- clear diagnosis of their illnesses and entire 30. ford to do this much. If there is other without providing them adequate dis- The CHAIRMAN. Under the rule, the good, credible, possible answers out ability ratings and compensation. time allocated to the amendment was there, I want the Pentagon to come As I mentioned earlier, millions of 30 minutes on each side for a total of 1 and ask for the resources necessary to dollars have been spent on medical re- hour. do the investigation. search that has yet to produce clear Mr. DELLUMS. Mr. Chairman, I Mr. BUYER. Mr. Chairman, will the evidence of what has caused those ill- yield 10 minutes to my distinguished gentleman yield? nesses. I have no objection, Mr. Chair- colleague from Washington [Mr. Mr. DICKS. I yield to the gentleman man, to a shotgun approach in our DICKS]. from Indiana. medical research, but now we need to Mr. DICKS. I certainly appreciate the Mr. BUYER. Mr. Chairman, I appre- analyze and narrow the research and do courtesy of the gentleman from Cali- ciate the gentleman’s comments on the an analysis of the overall medical fornia. I want to rise in strong support issue. I would ask of him to never refer projects. of this amendment. This has been one to this as a gulf war syndrome. A syn- We do not thoroughly understand, de- of the most difficult issues that all of drome infers a sole source causation. I spite all of the research, what all of the us have faced. would ask for the gentleman to always June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4163 refer to this as the gulf war illnesses, think also I worry on the intelligence we are skeptical, but all the people because in fact it is multifaceted. side did we give advanced warning to from around the country who had open Mr. DICKS. That is my point. I agree our commanders in the field about the minds from the top universities said, with that. I think it is multifaceted; I possibilities that when they destroyed yes, there is enough here, we should in- completely concur with that. at Khamisiyah, when they destroyed vestigate it. And so now they are doing (Mr. DICKS asked and was given per- those weapons, who knew exactly what a protocol, they are looking into it. mission to revise and extend his re- was there? Was it just chemical weap- But that was only because as a senior marks.) ons? Could there have been some low- member of the defense appropriations Mr. BUYER. Mr. Chairman, if the grade biological weapons or other in- committee I personally intervened, gentleman will yield further, I appre- fectious disease? went to the meeting 2 days before ciate the gentleman’s endorsement of As my colleagues know, Saddam Christmas, got Dr. Berger to come many of the ongoing studies. The dif- made a number of speeches in which he back from New York. ficulty when we took on this issue in said, ‘‘If you come after me, I’m going I mean we had to go to those lengths the beginning was that there were a lot to do things that will affect you, your to try to get them to pay attention to of stonewalling, not only from private families, your wives,’’ da-da-da-da. So this and to realize that we in the Con- medical institutions, but also within it is a strong indication that he may gress were simply not going to let the medical institutions of the Depart- have used something that we still do them get away with not doing this job ment of Defense and within the VA. It not have full knowledge of. and not looking at these possibilities has taken them awhile, they are slowly Mr. BUYER. Mr. Chairman, will the in order to take care of these veterans. coming along, and we have had, it gentleman yield? I still worry that these kids are coming seems like every time we are plowing Mr. DICKS. I yield to the gentleman into VA hospitals where they still new ground, somebody is filling in the from Indiana. think there really is not a problem and furrow right behind them, and we have Mr. BUYER. Being very pragmatic, it is all psychosomatic and not really so many what I refer to as a shotgun following the gentleman’s thought giving them the kind of treatment that approach right now, and there are as process, why did we give inoculations Dr. Nicholson and other skilled practi- many different areas. to over 10,000 soldiers in the Persian tioners out there are giving them, giv- The gentleman from Washington [Mr. Gulf actually for botulism and then re- ing these soldiers, in order to get them DICKS] mentioned one of the doctors, quire all soldiers in the gulf to receive over the various symptoms that they one of them who has been highly scru- two shots of anthrax if, in fact, we are have had from the Gulf War. tinized, but, as my colleague knows, not potentially going to face a biologi- So again I rise in strong support of what may be unusual today in medical cal threat? this. We cannot let this happen again, research is when we are pressing the Mr. DICKS. I think we knew. We cer- and I think that is the intent of the bounds of science it may become the tainly understood that he possessed gentleman’s amendment, and I appre- norm of tomorrow. chemical and biological weapons, and ciate the ranking Democratic Member, So I think we in the face of causation this is another problem, by the way. As the gentleman from California [Mr. for which we have some ambivalence, my colleague knows, people say all this DELLUMS] for yielding me this time. because we do not know, we do not un- was a great victory. I have heard peo- b 1415 derstand the science, we better be as ple get up and say it showed the great Mr. BUYER. Mr. Chairman, I yield open in our thought as much as we can. might of the U.S. military forces. I myself 1 minute. So now we have done this huge shotgun would point out we had 500,000 troops Mr. Chairman, two comments I want with all of our medical research, we out there who were, if Saddam had had to make. One other individual I want better try to figure out our analysis of accurate Scud launchers and missiles, to give special recognition to is Dr. so many studies that are going on, and that he could have devastated us be- Ron Blanc, now the Surgeon General of that is our attempt. cause we did not possess adequate thea- the Army. If there was an individual Mr. DICKS. Reclaiming my time, the ter missile defense. early on that was a good listener, it other problem that I found out is that So when we talk about these issues was Dr. Blanc. I extend great com- we do not have the best technology, I and talk about deployment of troops in pliments to him. believe, for the detection of when an the future, as my colleagues know, we The other thing I wanted to share enemy uses chemical or biological could be faced by someone who would with the gentleman is that I went to weapons. This is not something that we use chemical and biological weapons. London. I met with the Minister of De- are very skilled at. We are pretty good That is why I also worry about the po- fense there. I testified before the Select in chemicals, but certainly weak in the tential of lockout, of not being able to Committee on the Gulf War in the biological area, so there are some other get our reinforcements in in a timely House of Commons. I want you to know areas that the Congress needs to look way, because an enemy could use we are working in a cooperative effort at so that when we deploy forces we chemical or biological weapons on our with our allies. have a better idea of what they may be airfields and therefore stop us from We would be very naive to think we exposed to, and we also need to be care- bringing troops and tactical aircraft would not be a future ally of the Unit- ful about the shots that are given. into the region. ed Kingdom or Canada in a conflict, There are some indications that there So this is an area where we need a lot and if we do not take the time now to may have been some problems with of work. We also need to make sure we understand the science and take care of that. have adequate gear and equipment for those who bore the risk of battle, And so there are problems in the de- our soldiers when we are deploying shame on us. I believe that we are now tection area. There also is something them. We are pretty good on chemical moving in that cooperative effort, not that has plagued soldiers from time again, and somewhat weak again on bi- at the speed that I would like, but it is eternal, and that is when we take ological. So there are a lot of things there, and I wanted to share that with somebody and put them into a new that need to be done here, but I have you and my colleagues so we can keep area, there may be background infec- never been as frustrated on any issue moving on the issue. tious agents or parasites, another prob- except maybe for one, in trying to get Mr. DICKS. Mr. Chairman, will the lem that could have affected our the Pentagon to listen as I have been gentleman yield? troops. on this one. Mr. BUYER. I yield to the gentleman And so I concur very strongly with And recently I want to compliment from Washington. my colleague’s point that we should Dr. Berger out at Walter Reed. He is Mr. DICKS. I wanted to commend the look at this as a multifaceted problem one of the few officials who had an gentleman for his leadership. He will and not look at it as just one issue, and open mind about this who convened a certainly have bipartisan support. My I think that is where we got off track. panel, brought in experts, and we had colleague, the gentleman from Wash- We were not willing to have a prag- him review Dr. Nicholson’s work, and ington [Mr. METCALF], has been a lead- matic, open mind about this and to the funny part of it is the people who er on this issue. We will give us as look at all these possibilities, and I were in the Government all said, well, much help from our side of the aisle. H4164 CONGRESSIONAL RECORD — HOUSE June 23, 1997 Mr. BUYER. Mr. Chairman, I yield 4 mary interest those Americans af- In their desperation to save their minutes to the gentleman from Wash- flicted with these illnesses. As I have son’s life, the Burnetts launched an in- ington [Mr. METCALF]. shared with every Member in this body, tensive fact-finding mission. They con- (Mr. METCALF asked and was given Mr. Chairman, in a ‘‘Dear Colleague’’ tacted everyone they could think of to permission to revise and extend his re- letter earlier this year, we must con- find out what Scott had been exposed marks.) sider all treatment alternatives and to during his time in the gulf. They Mr. METCALF. Mr. Chairman, I open our minds to search outside the found one doctor at a private hospital thank the gentleman for yielding me paradigm in pursuit of cures. who had been researching the illness of this time. The time for Congress to step up and gulf war veterans, and he was able to Mr. Chairman, I rise in support of the exercise its oversight responsibilities is evaluate Scott’s case. This doctor Buyer amendment and of our veterans now, and my amendment, in concert thought that an antibiotic, doxycylene, and service members afflicted with gulf with the Buyer amendment which I could help heal Scott’s heart. After a war illness. The Buyer amendment rep- support, accomplishes this. month of taking this drug, Scott Bur- resents a positive step toward finding I would like to congratulate Chair- nett’s heart function had increased to answers for many Americans affected man SPENCE and subcommittee Chair- 39 percent. He had been told that a by this tragic disease. man BUYER on an excellent bill, and heart transplant was his only hope, Mr. Chairman, I have an amendment thank them for their support both of but, in truth, a simple antibiotic was which will be included en bloc later my amendment and of all military the answer. this afternoon regarding the gulf war service members and veterans. As a gulf war veteran in the United illness. My amendment shows Con- Mr. DELLUMS. Mr. Chairman, I States, if you get sick, your best and gress’ resolve that the Department of yield 6 minutes to the distinguished sometimes only hope is that you and Defense should embrace all tech- gentlewoman from Michigan [Ms. your family can contact enough people nologies and treatments in the relent- STABENOW]. and do enough research on your own to less pursuit of a resolution to the dire Ms. STABENOW. Mr. Chairman, I discover the best course of treatment. consequences of the gulf war on our would first like to commend those who In testimony presented to the Presi- troops and their families. are sponsoring this amendment on both dential Advisory Committee on Gulf The most sobering experience I have sides of the aisle for their good work, War Illness in 1996, Mr. Burnett said, had since being in Congress has been to and I rise to support the amendment ‘‘If my son Scott had been aware of the sit in a room with outstanding young and urge that this is just the first step problems that had been known to exist men and women who served this Nation of some very important efforts that we for several years, he would have sought honorably and hear about their experi- need to bring together in a bipartisan more aggressive treatment prior to his ences in the gulf and their lives since basis on behalf of those who served us pneumonia and he would not have had their return. Here is one example: in the gulf war and have come back and the problems that he has today.’’ A constituent of mine, Butch, was a are now suffering as a result of what Scott’s main health problems are idi- seasoned combat medic during Viet- happened to them there. opathic cardiomyopathy and conges- nam. He served as a surgical operating According to the Departments of De- tive heart failure and problems with room technician during the gulf war. fense and Veterans Affairs, more than his immune system, which are incred- Six months after his return from the 70,000 veterans out of the 697,000 who ibly serious. These problems are rare in gulf, he began to experience problems served in the gulf have reported per- the general population, and especially with his health, and since that time sistent illnesses. Seventy-four percent rare for someone his age. Scott Burnett has been treated for a long list of seri- of them were turned down for disabil- went into the Army as a healthy young ous medical problems. ity coverage because doctors say they man, and left 4 years later as a seri- Amazingly, he has been prescribed to either have no visible illness or cannot ously and chronically ill veteran. take over 35 pills a day. Fortunately, show their ailments are related to the This amendment is long overdue. It he has been awarded disability, but his gulf war. is a first step in recognizing and treat- rating is primarily for posttraumatic Thousands of veterans are suffering ing the illnesses that our gulf war vet- stress disorder. Can you believe it? from illness as a result of chemical ex- erans are suffering. However, it is not Thirty-five pills a day for posttrau- posure during the Persian Gulf conflict enough. The National Commander of matic stress disorder? That is ridicu- and they cannot get the medical care the American Legion says: lous. that they need. They cannot even get Plans to create a new Gulf War illness czar He feels ‘‘like an old beaten down recognition of their problem, recogni- will not help disabled Gulf War veterans one man with no future and nothing to tion of a problem that they did not cre- bit. They need medical care, not a running look forward to but pain.’’ He is afraid ate, and it is incredibly important that debate in Washington. of being around his grandchildren for this recognition be given to them. We need to help these veterans and fear he could pass something on to In my own Eighth District in Michi- their families who are suffering. This them. Mr. Chairman, this tragedy must gan, Tom and Nancy Burnett have been amendment is a good first step, but it be dealt with before it becomes an epi- fighting to save their son Scott, who is is only a first step. They need help demic. a gulf war veteran. The Burnetts were now. I have also had extensive conversa- proud when Scott decided to enlist in Mr. DICKS. Mr. Chairman, will the tions with medical experts, and you the Army in 1988. As a member of the gentlewoman yield? have mentioned several of them here, 101st Airborne Division, he served for 6 Ms. STABENOW. I yield to the gen- doctors both in and out of Government months in Saudi Arabia. tleman from Washington. looking at this issue. These share the Since returning from the gulf, Scott Mr. DICKS. Mr. Chairman, I want to opinion that the Government at this has experienced intestinal problems, compliment the gentlewoman on her point is failing to address the central headaches, muscle and joint pains, very good statement. This is the same issues surrounding the gulf war illness. shortness of breath, eye problems, situation we had with Dr. Nicholson Mr. Chairman, the certainty of chem- night sweats, reoccurring illnesses, and out in California. When these people ical and the probability of biological congestive heart failure. And this was came in, he found that they possessed agents being interjected into the Per- a healthy young man when he served an infectious mycoplasma. He then or- sian Gulf theater of operations is some- our country. dered massive doses of antibiotics and thing that cannot be overlooked and In October 1995, Scott was diagnosed was able, with many of them, to cure must be investigated by our Govern- with double pneumonia. While he was them of the symptoms. ment. The medical professionals I have in the hospital, the doctors discovered Now, if this was a chemical weapon, been in contact with believe that only that his heart was functioning at only obviously, antibiotics would not have by investigating these possibilities will 10 to 20 percent of its normal capacity worked, so there had to be something we move closer to a cure. and the doctors thought that a heart else that these soldiers were exposed My amendment makes a clear state- transplant was his only chance of sur- to. The thing that is worrisome about ment that this Congress has as its pri- vival. infectious disease is it is something June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4165 you can give to your family or wife and the gentleman from Arizona, Chairman I understand that things are happen- others. STUMP. ing and that hearings have been held, So, again, many doctors, all over the I cannot begin to tell you how many but it has been 6 years, and for Tom country, have found that by using anti- hearings we have had on the Commit- and his son Scott, that has been 6 years biotics they were able to cure these tee on Government Oversight with the of agony. I am concerned about having veterans of their symptoms. But the gentleman from Connecticut [Mr. a sense of urgency that when the day is problem is, when they go in, unless you SHAYS], with a lot of people. It was so done we will have done something that have a doctor who is creative, he has wonderful, is there are so many people touched their lives and has made it basically been told that this is not a involved in this issue. That is great. better. possibility. So I think it has really Many of their initiatives, when you go Mr. EVANS. Mr. Chairman, reclaim- slowed down the treatment of the sol- out and move out on initiative, you ing my time, I first want to thank the diers, which is what I worry about better stay in touch with it, because gentleman from Indiana [Mr. BUYER] most here. there is someone else that may not be- for his leadership on this issue and for Mr. Chairman, I appreciate the gen- lieve in it or they take two steps back his hard work to help our Persian Gulf tlewoman yielding, and compliment or try to knock it down. veterans. her on her very fine statement. One of the reasons for this amend- This amendment, and our work to- Ms. STABENOW. Mr. Chairman, re- ment right now is an initiative that gether in the past, demonstrates a claiming my time, this is what is so came from the gentleman from Mis- strong, bipartisan effort to come to important about this issue. First, we souri [Mr. SKELTON] and under the grips with this issue. I thank the gen- have to acknowledge it happened and leadership of the gentleman from Cali- tleman from Indiana [Mr. BUYER], and make sure people are being diagnosed fornia [Mr. DELLUMS]. The active duty I am proud to join him as a cosponsor and treated for what is actually occur- were saying this was a problem with of this amendment. ring to them, because we cannot begin reservists and the National Guard, as if I also want to thank the gentleman to help them get the treatment they there is some institutional bias. This is for including my provision which would need unless we own up to the fact it just against them. fund clinical trials to evaluate current happened. No, too many active duty soldiers health care provided to Persian Gulf Mr. BUYER. Mr. Chairman, I yield were grabbing me in the stairwells, veterans and examine other potential myself such time as I may consume. pulling me aside in private, to tell me treatment methods. Unfortunately, Mr. Chairman, I would like to com- about their health care, when they DOD and VA research efforts have not ment to the gentlewoman from Michi- were afraid of coming forward because completely addressed the efficacy of gan, part of the problems that we have of the downsizing process. It was the treatment or the wide variety of treat- here, I first met you at a VFW post in gentleman from Missouri [Mr. SKEL- ments used in public and private medi- Michigan. While I was at that VFW TON] who stepped forward and put into cine for undiagnosed illnesses. post a gentleman came up to me at his mark a physical disability separa- This point was made by the Amer- that post whom I then recognized. He tion process that said, ‘‘You are going ican Legion in testimony before the worked for me in the gulf, and when I to care for the soldiers on active duty, House Committee on Veterans’ Affairs on February 11, 1997. There is no data asked him how he was doing, he took take care of them, and not kick them available on the effectiveness of treat- my hand and put it at the base of the out. It is a veteran problem. BOB ment on Persian Gulf veterans. While stem of the back of his neck and I felt STUMP, you take care of it, or Sonny this lack of data is disturbing, there is all these knots, and he said, ‘‘I am Montgomery, you take care of it.’’ one thing that is perfectly clear: Gulf dying.’’ b 1430 veterans do not feel that the care cur- Now, how do you respond to someone rently provided them is making them that you know, that you care about, So I just want to share with the gen- feel better. and when you say how are you doing, tlewoman that we are in about our 23d step and we are nursing this issue with I appreciate the gentleman’s leader- that is not the response you typically ship, his amendment, and strongly urge get? a great deal of effort and care. Mr. DICKS. Mr. Chairman, will the my colleagues to support it. What is difficult for us on this issue gentleman yield? Mr. BUYER. Mr. Chairman, I yield is what we do not know, and what we Mr. BUYER. I yield to the gentleman myself such time as I may consume. I do not know is, is he dying from a can- from Washington. urge all of my colleagues to support cer that he would have normally re- Mr. DICKS. Mr. Chairman, the thing the Buyer amendment. ceived had he never been deployed to that bothers me the most about this is Mr. Chairman, I yield back the bal- the gulf, or was there something in the going back to what we said originally, ance of my time. gulf that is somehow some form of a and that is we should have been doing Mr. DELLUMS. Mr. Chairman, I causation? That is the science for this 6 years ago. The war has been over yield myself such time as I may which we do not understand. for 6 years. Now, 6 years have gone by, consume. So when a veteran asks me will we and we were kind of lulled into a sense I rise in support of this amendment. ever know, I do not have the answer for of complacency for the first few years, As has been stated earlier, there is a that. It pains me. But we have to make and so now, when we have to do all of wide range of interest in this issue decisions here with regard to disabil- this research, it may take us 2 or 3 ad- across the panorama of Members in ity, with regard to causation, and with ditional years to really get the an- this body. Mr. Chairman, I would like regard to science. And when we draw swers. to single out for special commendation those lines, people will say you are So I hope what we can do is remem- the gentleman from Indiana [Mr. cold, you are callous, you do not care, ber these lessons the next time we de- BUYER], the gentleman from Illinois and that is wrong, because we are try- ploy American forces into a situation [Mr. EVANS] and the gentleman from ing to make calculated decisions in an like this, so that we do not have to Rhode Island [Mr. KENNEDY], who came area for which we do not have the spe- have this big gap in time before we get together in a bipartisan effort to move cific answer. down to serious work. beyond the shortcomings of how the I would also share with the gentle- Mr. BUYER. Mr. Chairman, I yield Department of Defense is presently ad- woman this is not a first step. This is such time as he may consume to the dressing this significant and serious about the 22d step. We have the gen- gentleman from Illinois [Mr. EVANS]. issue. I think this is an important and tleman from California, the former Ms. STABENOW. Mr. Chairman, will strong effort on their part. They ought chairman of the Committee on Na- the gentleman yield? to be commended, and I think that the tional Security, Mr. DELLUMS, here; Mr. EVANS. Mr. Chairman, I yield to best way that we can commend them is the former chairman of the Sub- the gentlewoman from Michigan [Ms. to overwhelmingly support this amend- committee on Personnel, the gen- STABENOW]. ment. tleman from Missouri, Mr. SKELTON, di- Ms. STABENOW. Mr. Chairman, I Mr. QUINN. Mr. Chairman, I rise today in rectly behind you; the gentleman from just want to associate myself with the strong support of Mr. BUYER and Mr. KEN- South Carolina, Chairman SPENCE; and comments that were just made. NEDY's amendment to the Fiscal Year 1998 H4166 CONGRESSIONAL RECORD — HOUSE June 23, 1997 Defense Authorization Act, which would re- DOD have engaged in a contest of finger- Committee, having had under consider- quire the Departments of Defense and Veter- pointing and blame shifting over what was ation the bill (H.R. 1119) to authorize ans Affairs to improve their research into Per- known at the time, and what was commu- appropriations for fiscal years 1998 and sian Gulf war illnesses and their treatment of nicated. 1999 for military activities of the De- suffering Persian Gulf war veterans. To me, the most shocking fact is the revela- partment of Defense, to prescribe mili- Our veterans, who have so bravely served tion to subcommittee staff last January that 80 tary personnel strengths for fiscal our country in the Persian Gulf war, have percent of the nuclear-biological-chemical logs years 1998 and 1999, and for other pur- been suffering for far too long. They have from the theater of operations, 165 of the 200 poses, had come to no resolution there- been waiting patiently for answers and we are total pages, are missing. on. letting them down. For one, I am losing patience with the DOD f As the chairman of the House Veterans' Af- in this issue. It was troubling enough that Pen- GENERAL LEAVE fairs Subcommittee on Benefits, I have been tagon officials were categorically denying troop holding hearings to look into the often frustrat- exposure to chemical agents despite over- Mr. SPENCE. Mr. Chairman, I ask ing claims process for Persian Gulf war veter- whelming evidence to the contrary. unanimous consent that all Members ans. Now, however, we find out that most of the may have 5 legislative days within What I have detected is that there are far record logs, which were intended to track which to revise and extend their re- too many delays in the system. By working these incidents, are missing. The charges of marks, and to submit extraneous mate- with the VA, claims processing has now been coverup no longer seems so farfetched. rials in the RECORD on the amendments centralized which is expected to improve the These facts, as they have dribbled out over to H.R. 1119 considered today. chances of our veterans' receiving the proper the past 6 years, point to the following conclu- The SPEAKER pro tempore. Is there benefits. sion. Simply put, we were not prepared to objection to the request of the gen- The lack of coordination of the various re- handle the contingency of widespread chemi- tleman from South Carolina? search programs conducted by the Govern- cal use by Iraqi forces during the gulf war, and There was no objection. ment is presenting another obstacle. As Fed- that it was only by the grace of God that Sad- f eral Representatives, I believe that it is our re- dam Hussein did not resort to the use of such sponsibility to insure that all research pro- RECESS devices. grams fit together to solve this issue of Mr. Chairman, we in Congress need some The SPEAKER pro tempore. Pursu- undiagnosed illnesses. straight, honest answers from the DOD. For ant to clause 12 of rule I, the Chair de- The Buyer-Kennedy amendment is a sure- too long, we have been dealing with com- clares the House in recess until ap- fire way to bring us one step closer to resolv- proximately 5 p.m. ing this problem by taking care of our ailing manders who were more interested in protect- ing their career and reputations than in looking Accordingly (at 2 o’clock and 35 min- veterans. utes p.m.), the House stood in recess The bottom line is that our veterans are sick out for the welfare of the men under their command. It was bad enough to discount the until approximately 5 p.m. and their families are sufferingÐthey are due f the health care they have earned. thousands upon thousands of detections that I urge my colleagues to vote ``yes'' on the occurred during the war. b 1736 What is worse is the pattern of deceit and amendment. AFTER RECESS Mr. BUYER. Mr. Chairman, I rise in strong misrepresentation they have waged with the support of Mr. BUYER's amendment to provide Congress and the American people. If we had The recess having expired, the House for a series of initiatives to improve the De- a problem in addressing widespread chemical was called to order by the Speaker pro partment of Defense and the Department of exposures during the gulf, fine. Let's admit it tempore (Mr. MILLER of Florida) at 5 Veterans' Affairs investigation of Persian Gulf and move on. o’clock and 36 minutes p.m. illnesses, and the treatment of ill gulf war vet- The hand-writing, doublespeak, and finger- f erans. pointing that has occurred over the last 12- MAKING IN ORDER ON TUESDAY, This amendment first, authorizes $4.5 mil- months is pointless and counterproductive. JUNE 24, 1997, CONSIDERATION OF lion to establish a cooperative DOD/VA pro- More importantly, it does nothing to help the HOUSE JOINT RESOLUTION 79, gram of clinical trials to evaluate treatments veteran who put his life, and now it appears DISAPPROVAL OF MOST-FA- which might relieve the symptoms of gulf war both his and his family's future health, on the VORED-NATION TREATMENT FOR illnesses; second, requires the Secretaries of line for his country. CHINA both departments to develop a comprehensive Accordingly, I urge my colleagues to support plan for providing health care to all veterans, this amendment which will hopefully provide Mr. SOLOMON. Mr. Speaker, I ask active-duty members and reserves who suffer answers and relief to our veterans suffering unanimous consent that it be in order from symptoms of gulf war illnesses. from gulf war syndrome. at any time on June 24, 1997, to con- This amendment is particularly important be- Mr. DELLUMS. Mr. Chairman, I sider in the House the joint resolution, cause it cuts to the heart of the matter regard- yield back the balance of my time. House Joint Resolution 79, disapprov- ing the DOD's response to this issue. Along The CHAIRMAN. All time has ex- ing the extension of nondiscriminatory with I'm sure many of my colleagues, I have pired. treatment—most-favored-nation treat- heard numerous stories from my constituents The question is on the amendment ment—to the products of the People’s about the poor initial response to veteran's offered by the gentleman from Indiana Republic of China; that the joint reso- concerns from both DOD and the VA. [Mr. BUYER]. lution be considered as read for amend- Yet, when we in Congress raised these is- The question was taken; and the ment; that all points of order against sues, time and time again, the CIA and DOD Chairman announced that the ayes ap- the joint resolution and against its assured members of both the House and Sen- peared to have it. consideration be waived; that the joint ate that there was no evidence that any troops Mr. BUYER. Mr. Chairman, I demand resolution be debatable for 31⁄2 hours were exposed to chemical weapons in the a recorded vote. equally divided and controlled by the gulf. Moreover, the VA was eager to accept The CHAIRMAN. Pursuant to House chairman of the Committee on Ways these statements, so eager in fact, that VA of- Resolution 169, further proceedings on and Means, in opposition to the joint ficials did not feel exposure to chemical the amendment offered by the gen- resolution, and a Member in support of agents even merited consideration when tleman from Indiana [Mr. BUYER] will the joint resolution; that pursuant to ascertaining the causes behind the symptoms be postponed. sections 152 and 153 of the Trade Act of experienced by the affected personnel. Mr. SPENCE. Mr. Chairman, I move 1974, the previous question be consid- Then, last year, when faced with over- that the Committee do now rise. ered as ordered on the joint resolution whelming evidence to the contrary, officials at The motion was agreed to. to final passage without intervening the Pentagon reversed themselves and stated Accordingly, the Committee rose; motion; and that the provisions of sec- that 400 soldiers at the Khamisiyah ammuni- and the Speaker pro tempore [MR. tion 152 and 153 of the Trade Act of 1974 tion site were exposed to chemical agents. BUYER] having assumed the chair, Mr. shall not otherwise apply to any joint This figure later grew to approximately 20,000. YOUNG of Florida, Chairman of the resolution disapproving the extension Since this initial revelation, additional dis- Committee of the Whole House on the of most-favored-nation treatment to turbing facts have come out as the CIA and State of the Union, reported that that the People’s Republic of China for the June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4167 remainder of the first session of the trade deficit that were just announced, Massachusetts [Mr. FRANK]; part 2 105th Congress. 41-percent higher trade deficit with Amendment No. 1 offered by the gen- The SPEAKER pro tempore (Mr. MIL- China for the first few months of this tleman from Alabama [Mr. BACHUS]; LER of Florida). Is there objection to year than last year; whether they are part 1, Amendment No. 10 offered by the request of the gentleman from New afraid of the report on religious perse- the gentleman from Missouri [Mr. TAL- York? cution which the State Department is ENT]; and part 1, Amendment No. 11 of- Ms. PELOSI. Mr. Speaker, reserving holding until after this vote, which is fered by the gentleman from Indiana the right to object, and I do not intend highly critical of Beijing; or whether [Mr. BUYER]. to object, but I just seek clarification they are concerned about the report in The Chair will reduce to 5 minutes in the unanimous-consent request from Time magazine today about the secret the time for any electronic vote after the distinguished gentleman from New missile deal, the first vote in this series. York [MR. SOLOMON], chairman of the The CIA has discovered that China is help- AMENDMENT NO. 15 OFFERED BY MR. FRANK OF Committee on Rules, that in the para- ing Pakistan build a missile plant, will the MASSACHUSETTS graph about who controls the time that U.S. object? The CHAIRMAN. The pending busi- the Member in support of the joint res- Whether it is trade proliferation or ness is the demand for a recorded vote olution be designated as the gentleman human rights, the American people on the amendment offered by the gen- from California [MR. STARK] of the have a message: 77 to 27 they support tleman from Massachusetts [Mr. Committee on Ways and Means. conditioning most-favored-nation sta- FRANK], as modified by section 8(b) of Mr. SOLOMON. Mr. Speaker, will the tus on improvement in human rights. House Resolution 169, on which further gentlewoman yield? It is unfortunate that they will not proceedings were postponed and on Ms. PELOSI. I yield to the gentleman have an opportunity to weigh in, and I which the ayes prevailed by voice vote. from New York. am afraid that the administration and The Clerk will redesignate the Mr. SOLOMON. Mr. Speaker, I would the leadership in the House is afraid of amendment. inquire of the gentlewoman, a Member the truth. The Clerk redesignated the amend- in opposition to the amendment? With that, Mr. Speaker, I withdraw ment. Ms. PELOSI. Mr. Speaker, no, in sup- my reservation of objection. RECORDED VOTE port of the joint resolution. The gen- The SPEAKER pro tempore. Is there The CHAIRMAN. A recorded vote has tleman from California [Mr. STARK] is objection to the request of the gen- been demanded. in support of the joint resolution. tleman from New York? A recorded vote was ordered. The joint resolution be debatable for 31⁄2 There was no objection. Mr. DICKS. Mr. Chairman, I ask hours equally divided and controlled by the f chairman of the Committee on Ways and unanimous consent to withdraw the or- dering of a recorded vote. Means in opposition to the joint resolution MESSAGE FROM THE PRESIDENT and a Member in support of the joint resolu- The CHAIRMAN. Is there objection tion. A message in writing from the Presi- to the request of the gentleman from I am just seeking clarification that dent of the United States was commu- Washington? that be designated as the gentleman nicated to the House by Mr. Sherman There was no objection. from California [Mr. STARK]. Williams, one of his secretaries. So the amendment was agreed to. Mr. SOLOMON. Mr. Speaker, if the f AMENDMENT NO. 1 OFFERED BY MR. BACHUS gentlewoman would yield once again, it The CHAIRMAN. The pending busi- NATIONAL DEFENSE AUTHORIZA- is intended that that Member be a ness is the demand for a recorded vote TION ACT FOR FISCAL YEAR 1998 member of the minority of the Com- on the amendment offered by the gen- mittee on Ways and Means, the gen- The SPEAKER pro tempore (Mr. MIL- tleman from Alabama [Mr. BACHUS] on tleman from California [Mr. STARK], LER of Florida). Pursuant to House which further proceedings were post- and it is understood that he would Resolution 169 and rule XXIII, the poned and on which the ayes prevailed yield half of his time to the gentleman Chair declares the House in the Com- by a voice vote. from Kentucky [Mr. BUNNING], also a mittee of the Whole House on the State The Clerk will redesignate the member of the Committee on Ways and of the Union for the further consider- amendment. Means, from this side of the aisle. ation of the bill, H.R. 1119. The Clerk redesignated the amend- I might just say to the gentlewoman, b 1740 ment. since she and I have been the leaders in Mr. DICKS. Mr. Chairman, I ask to this effort to disapprove most-favored- IN THE COMMITTEE OF THE WHOLE withdraw my request for a recorded nation treatment for China, that the Accordingly, the House resolved it- vote. gentlewoman and I both would seek self into the Committee of the Whole The CHAIRMAN. The gentleman may time from the gentleman from Califor- House on the State of the Union for the withdraw his request for a recorded nia [Mr. STARK] and the gentleman further consideration of the bill (H.R. vote. from Kentucky [Mr. BUNNING] respec- 1119) to authorize appropriations for RECORDED VOTE tively, but that is the intent of this fiscal years 1998 and 1999 for military Mr. HEFLEY. Mr. Chairman, I de- unanimous consent request. activities of the Department of De- mand a recorded vote. Ms. PELOSI. Mr. Speaker, hopefully fense, to prescribe military personnel A recorded vote was ordered. we can divide the time in half. strengths for fiscal years 1998 and 1999, The vote was taken by electronic de- Mr. Speaker, I want to thank the and for other purposes, with Mr. YOUNG vice, and there were—ayes 416, noes 0, gentleman from New York [Mr. SOLO- of Florida in the chair. not voting 18, as follows: The Clerk read the title of the bill. MON] for his leadership in reaching this [Roll No. 225] arrangement to bring his important The CHAIRMAN. When the Commit- AYES—416 resolution of disapproval to the floor. I tee of the Whole rose earlier today, fur- ther proceedings were postponed on Abercrombie Bartlett Boehlert will say, though, with great regret that Ackerman Barton Boehner we will be debating this resolution to- amendment No. 11 printed in part 1 of Aderholt Bass Bonilla morrow morning, depriving the Amer- House Report 105–137 by the gentleman Allen Bateman Bonior ican people of the opportunity over the from Indiana [Mr. BUYER]. Andrews Becerra Bono Archer Bentsen Borski break next week to have office visits SEQUENTIAL VOTES POSTPONED IN COMMITTEE Armey Bereuter Boswell with Members, depriving the grassroots OF THE WHOLE Bachus Berman Boucher from weighing in. I think it is an at- The CHAIRMAN. Pursuant to House Baesler Berry Boyd Baker Bilbray Brady tempt to keep this a Beltway business Resolution 169, proceedings will now Baldacci Bilirakis Brown (CA) deal. resume on those amendments on which Ballenger Bishop Brown (FL) I do not know what the administra- further proceedings were postponed in Barcia Blagojevich Brown (OH) tion is afraid of on this issue, if they the following order: Part 2, amendment Barr Bliley Bryant Barrett (NE) Blumenauer Bunning are afraid that the figures about the No. 15 offered by the gentleman from H4168 CONGRESSIONAL RECORD — HOUSE June 23, 1997 Burr Goode McCollum Sensenbrenner Stabenow Velazquez Brady Gejdenson Luther Burton Goodlatte McCrery Serrano Stearns Vento Brown (CA) Gekas Maloney (CT) Buyer Goodling McDade Sessions Stenholm Visclosky Brown (FL) Gephardt Manzullo Callahan Goss McDermott Shadegg Stokes Walsh Brown (OH) Gibbons Markey Calvert Graham McGovern Shaw Strickland Wamp Bryant Gilchrest Martinez Camp Granger McHale Shays Stump Waters Bunning Gillmor Mascara Campbell Green McHugh Sherman Stupak Watkins Burr Gilman Matsui Canady Greenwood McInnis Shimkus Sununu Watt (NC) Burton Gonzalez McCarthy (MO) Cannon Gutierrez McIntyre Shuster Talent Watts (OK) Buyer Goode McCarthy (NY) Capps Gutknecht McKeon Sisisky Tanner Waxman Callahan Goodlatte McCollum Cardin Hall (OH) McKinney Skaggs Tauscher Weldon (FL) Calvert Goodling McCrery Carson Hall (TX) McNulty Skeen Tauzin Weldon (PA) Camp Goss McDade Castle Hamilton Meehan Skelton Taylor (MS) Weller Campbell Graham McDermott Chabot Hansen Meek Slaughter Taylor (NC) Wexler Canady Granger McGovern Chambliss Harman Menendez Smith (MI) Thomas Weygand Cannon Green McHale Smith (NJ) Chenoweth Hastert Metcalf Thompson White Capps Greenwood McHugh Smith (OR) Thornberry Whitfield Christensen Hastings (FL) Mica Cardin Gutierrez McInnis Smith (TX) Thune Wicker Clay Hastings (WA) Millender- Carson Gutknecht McIntyre Smith, Adam Thurman Wise Clayton Hayworth McDonald Castle Hall (OH) McKeon Smith, Linda Tiahrt Wolf Clement Hefley Miller (CA) Chabot Hall (TX) McKinney Snowbarger Tierney Woolsey Clyburn Hefner Miller (FL) Chambliss Hamilton McNulty Snyder Torres Wynn Coble Herger Minge Chenoweth Hansen Meehan Coburn Hill Mink Solomon Towns Young (AK) Souder Traficant Young (FL) Christensen Harman Meek Collins Hilleary Moakley Clay Hastert Menendez Combest Hilliard Molinari Spence Turner Spratt Upton Clayton Hastings (FL) Metcalf Condit Hinchey Moran (KS) Clement Hastings (WA) Mica Conyers Hinojosa Moran (VA) NOT VOTING—18 Clyburn Hayworth Millender- Cook Hobson Morella Barrett (WI) Lipinski Sabo Coble Hefley McDonald Cooksey Hoekstra Murtha Coburn Hefner Miller (CA) Myrick Blunt Maloney (NY) Schaefer, Dan Costello Holden Collins Herger Miller (FL) Coyne Hooley Neal Cox McIntosh Schiff Combest Hill Minge Cramer Horn Nethercutt Eshoo Mollohan Schumer Condit Hilleary Mink Crane Hostettler Neumann Gordon Nadler Stark Conyers Hilliard Moakley Crapo Houghton Ney Kilpatrick Pryce (OH) Yates Cook Hinchey Molinari Cubin Hoyer Northup Cooksey Hinojosa Moran (KS) Cummings Hulshof Norwood b 1804 Costello Hobson Morella Cunningham Hunter Nussle Coyne Hoekstra Myrick Danner Hutchinson Oberstar So the amendment was agreed to. Cramer Holden Neal Davis (FL) Hyde Obey The result of the vote was announced Crane Hooley Nethercutt Davis (IL) Inglis Olver as above recorded. Crapo Horn Neumann Davis (VA) Istook Ortiz PERSONAL EXPLANATION Cubin Hostettler Ney Deal Jackson (IL) Owens Northup DeFazio Jackson-Lee Oxley Ms. PRYCE of Ohio. Mr. Chairman, on roll- Cummings Houghton Norwood DeGette (TX) Packard call No. 225, I was inadvertently detained. Had Cunningham Hoyer Danner Hulshof Nussle Delahunt Jefferson Pallone I been present, I would have voted ``yes.'' DeLauro Jenkins Pappas Davis (FL) Hunter Oberstar DeLay John Parker PERSONAL EXPLANATION Davis (IL) Hutchinson Obey Dellums Johnson (CT) Pascrell Mr. DAN SCHAEFER of Colorado. Mr. Davis (VA) Hyde Olver Deutsch Johnson (WI) Pastor Deal Inglis Ortiz Chairman, on rollcall No. 225, I was unavoid- DeFazio Istook Oxley Diaz-Balart Johnson, E. B. Paul ably detained. Had I been present, I would Dickey Johnson, Sam Paxon DeGette Jackson (IL) Packard Dicks Jones Payne have voted ``yes.'' Delahunt Jackson-Lee Pallone Dingell Kanjorski Pease PERSONAL EXPLANATION DeLauro (TX) Pappas Dixon Kaptur Pelosi Mr. COX of California. Mr. Chairman, I was DeLay Jefferson Parker Doggett Kasich Peterson (MN) Dellums Jenkins Pascrell Dooley Kelly Peterson (PA) necessarily absent for this vote for medical Deutsch John Pastor Doolittle Kennedy (MA) Petri reasons. Diaz-Balart Johnson (CT) Paul Doyle Kennedy (RI) Pickering AMENDMENT OFFERED BY MR. TALENT Dickey Johnson (WI) Paxon Dreier Kennelly Pickett The CHAIRMAN. The pending busi- Dicks Johnson, E. B. Payne Duncan Kildee Pitts Dingell Johnson, Sam Pease Dunn Kim Pombo ness is the demand for a recorded vote Dixon Jones Pelosi Edwards Kind (WI) Pomeroy on the amendment offered by the gen- Doggett Kanjorski Peterson (MN) Ehlers King (NY) Porter tleman from Missouri [Mr. TALENT] on Dooley Kaptur Peterson (PA) Ehrlich Kingston Portman which further proceedings were post- Doolittle Kasich Petri Emerson Kleczka Poshard Doyle Kelly Pickering Engel Klink Price (NC) poned and on which the ayes prevailed Dreier Kennedy (MA) Pickett English Klug Quinn by voice vote. Duncan Kennedy (RI) Pitts Ensign Knollenberg Radanovich The Clerk will redesignate the Dunn Kennelly Pombo Etheridge Kolbe Rahall amendment. Edwards Kildee Pomeroy Evans Kucinich Ramstad The Clerk redesignated the amend- Ehlers Kim Porter Everett LaFalce Rangel Ehrlich Kind (WI) Portman Ewing LaHood Redmond ment. Emerson King (NY) Poshard Farr Lampson Regula RECORDED VOTE Engel Kingston Price (NC) Fattah Lantos Reyes The CHAIRMAN. A recorded vote has English Kleczka Pryce (OH) Fawell Largent Riggs Ensign Klink Quinn Fazio Latham Riley been demanded. Etheridge Klug Radanovich Filner LaTourette Rivers A recorded vote was ordered. Evans Knollenberg Rahall Flake Lazio Rodriguez The CHAIRMAN. This will be a 5- Everett Kolbe Ramstad Foglietta Leach Roemer minute vote. Ewing Kucinich Rangel Foley Levin Rogan The vote was taken by electronic de- Farr LaFalce Redmond Forbes Lewis (CA) Rogers Fattah LaHood Regula Ford Lewis (GA) Rohrabacher vice, and there were—ayes 415, noes 2, Fawell Lampson Reyes Fowler Lewis (KY) Ros-Lehtinen not voting 17, as follows: Fazio Lantos Riggs Fox Linder Rothman [Roll No. 226] Filner Largent Riley Frank (MA) Livingston Roukema AYES—415 Flake Latham Rivers Franks (NJ) LoBiondo Roybal-Allard Foglietta LaTourette Rodriguez Frelinghuysen Lofgren Royce Abercrombie Barr Bishop Foley Lazio Roemer Frost Lowey Rush Ackerman Barrett (NE) Blagojevich Forbes Leach Rogan Furse Lucas Ryun Aderholt Bartlett Bliley Ford Levin Rogers Gallegly Luther Salmon Allen Barton Blumenauer Fowler Lewis (CA) Rohrabacher Ganske Maloney (CT) Sanchez Andrews Bass Boehlert Fox Lewis (GA) Ros-Lehtinen Gejdenson Manton Sanders Archer Bateman Boehner Frank (MA) Lewis (KY) Rothman Gekas Manzullo Sandlin Armey Becerra Bonilla Franks (NJ) Linder Roukema Gephardt Markey Sanford Bachus Bentsen Bonior Frelinghuysen Livingston Roybal-Allard Gibbons Martinez Sawyer Baesler Bereuter Bono Frost LoBiondo Royce Gilchrest Mascara Saxton Baker Berman Borski Furse Lofgren Rush Gillmor Matsui Scarborough Baldacci Berry Boswell Gallegly Lowey Ryun Gilman McCarthy (MO) Schaffer, Bob Ballenger Bilbray Boucher Ganske Lucas Sabo Gonzalez McCarthy (NY) Scott Barcia Bilirakis Boyd June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4169 Salmon Smith, Adam Torres Brown (OH) Gillmor Matsui Scarborough Souder Turner Sanchez Smith, Linda Towns Bryant Gilman McCarthy (MO) Schaefer, Dan Spence Upton Sanders Snowbarger Traficant Bunning Gonzalez McCarthy (NY) Schaffer, Bob Spratt Velazquez Sandlin Snyder Turner Burr Goode McCollum Scott Stabenow Vento Sanford Solomon Upton Burton Goodlatte McCrery Sensenbrenner Stearns Visclosky Sawyer Souder Velazquez Buyer Goodling McDermott Serrano Stenholm Walsh Saxton Spence Vento Callahan Goss McGovern Sessions Stokes Wamp Scarborough Spratt Visclosky Calvert Graham McHale Shadegg Strickland Waters Schaefer, Dan Stabenow Walsh Camp Granger McHugh Shaw Stump Watkins Schaffer, Bob Stearns Wamp Campbell Green McInnis Shays Stupak Watt (NC) Scott Stenholm Waters Canady Greenwood McIntyre Sherman Sununu Watts (OK) Sensenbrenner Stokes Watkins Cannon Gutierrez McKeon Shimkus Talent Waxman Serrano Strickland Watt (NC) Capps Gutknecht McKinney Shuster Tanner Weldon (FL) Sessions Stump Watts (OK) Cardin Hall (OH) McNulty Sisisky Tauscher Weldon (PA) Shadegg Stupak Waxman Carson Hall (TX) Meehan Skaggs Tauzin Weller Shaw Sununu Weldon (FL) Castle Hamilton Meek Skeen Taylor (MS) Wexler Shays Talent Weldon (PA) Chabot Hansen Menendez Skelton Taylor (NC) Weygand Sherman Tanner Weller Chambliss Harman Metcalf Slaughter Thomas White Shimkus Tauscher Wexler Chenoweth Hastert Mica Smith (MI) Thompson Whitfield Shuster Tauzin Weygand Christensen Hastings (FL) Millender- Smith (NJ) Thornberry Wicker Sisisky Taylor (MS) White Clay Hastings (WA) McDonald Smith (OR) Thune Wise Skaggs Taylor (NC) Whitfield Clayton Hayworth Miller (CA) Smith (TX) Thurman Wolf Skeen Thomas Wicker Clement Hefley Miller (FL) Smith, Adam Tiahrt Woolsey Skelton Thompson Wise Clyburn Hefner Minge Smith, Linda Tierney Wynn Slaughter Thornberry Wolf Coble Herger Mink Snowbarger Torres Young (AK) Smith (MI) Thune Woolsey Coburn Hill Moakley Snyder Towns Young (FL) Smith (NJ) Thurman Wynn Collins Hilleary Molinari Solomon Traficant Smith (OR) Tiahrt Young (AK) Combest Hilliard Moran (KS) NOT VOTING—17 Smith (TX) Tierney Young (FL) Condit Hinchey Moran (VA) Barrett (WI) Lipinski Riggs NOES—2 Conyers Hinojosa Morella Cook Hobson Murtha Blunt Maloney (NY) Schiff Moran (VA) Murtha Cooksey Hoekstra Myrick Cox McDade Schumer Eshoo McIntosh Stark NOT VOTING—17 Costello Holden Neal Coyne Hooley Nethercutt Gordon Mollohan Yates Barrett (WI) Lipinski Owens Cramer Horn Neumann Kilpatrick Nadler Blunt Maloney (NY) Schiff Crane Hostettler Ney Cox Manton Schumer Crapo Houghton Northup b 1819 Eshoo McIntosh Stark Cubin Hoyer Norwood Gordon Mollohan Yates Cummings Hulshof Nussle So the amendment was agreed to. Kilpatrick Nadler Cunningham Hunter Oberstar The result of the vote was announced Danner Hutchinson Obey as above recorded. b 1812 Davis (FL) Hyde Olver Ortiz Davis (IL) Inglis f Mr. MORAN of Virginia changed his Davis (VA) Istook Owens vote from ‘‘aye’’ to ‘‘no’’. Deal Jackson (IL) Oxley PERSONAL EXPLANATION DeFazio Jackson-Lee Packard So the amendment was agreed to. Mr. LAFALCE. Mr. Chairman, on the The result of the vote was announced DeGette (TX) Pallone Delahunt Jefferson Pappas night of June 19 when the House held a as above recorded. DeLauro Jenkins Parker series of votes in succession on the PERSONAL EXPLANATION DeLay John Pascrell DOD authorization bill, I was given in- Dellums Johnson (CT) Pastor Mr. COX of California. Mr. Chairman, I was Deutsch Johnson (WI) Paul correct information and mistakenly necessarily absent for this vote for medical Diaz-Balart Johnson, E. B. Paxon voted ‘‘yes’’ on rollcall No. 217. I had reasons. Dickey Johnson, Sam Payne intended to vote ‘‘no.’’ Dicks Jones Pease AMENDMENT OFFERED BY MR. BUYER Dingell Kanjorski Pelosi PERSONAL EXPLANATION The CHAIRMAN. The pending busi- Dixon Kaptur Peterson (MN) Mr. COX of California. Mr. Chairman, I was ness is the demand for a recorded vote Doggett Kasich Peterson (PA) necessarily absent for this vote for medical Dooley Kelly Petri on the amendment offered by the gen- Doolittle Kennedy (MA) Pickering reasons. tleman from Indiana [Mr. BUYER] on Doyle Kennedy (RI) Pickett PERSONAL EXPLANATION which further proceedings were post- Dreier Kennelly Pitts Mr. BARRETT of Wisconsin. Mr. Chairman, poned and on which the ayes prevailed Duncan Kildee Pombo Dunn Kim Pomeroy on rollcall No. 225, the Bachus amendment, by voice vote. Edwards Kind (WI) Porter had I been present I would have voted ``aye.'' The Clerk will redesignate the Ehlers King (NY) Portman Mr. Chairman, on rollcall No. 226, the Talent amendment. Ehrlich Kingston Poshard Emerson Kleczka Price (NC) amendment, had I been present I would have The Clerk redesignated the amend- Engel Klink Pryce (OH) voted ``aye.'' ment. English Klug Quinn Mr. Chairman, on rollcall No. 227, the RECORDED VOTE Ensign Knollenberg Radanovich Buyer-Kennedy of Rhode Island amendment, Etheridge Kolbe Rahall The CHAIRMAN. A recorded vote has Evans Kucinich Ramstad had I been present I would have voted ``aye.'' been demanded. Everett LaFalce Rangel PERSONAL EXPLANATION A recorded vote was ordered. Ewing LaHood Redmond Farr Lampson Regula Mr. NADLER. Mr. Chairman, earlier The CHAIRMAN. This will be a 5- Fattah Lantos Reyes today I was unavoidably out of the minute vote. Fawell Largent Riley Chamber when three rollcalls occurred, The vote was taken by electronic de- Fazio Latham Rivers and I want to ask that it would be re- vice, and there were—ayes 417, noes 0, Filner LaTourette Rodriguez Flake Lazio Roemer flected in the RECORD that had I been not voting 17, as follows: Foglietta Leach Rogan present I would have voted in the af- [Roll No. 227] Foley Levin Rogers firmative. I would have voted ‘‘aye’’ on Forbes Lewis (CA) Rohrabacher AYES—417 Ford Lewis (GA) Ros-Lehtinen rollcall No. 225, and ‘‘aye’’ on rollcall Abercrombie Barrett (NE) Bliley Fowler Lewis (KY) Rothman No. 226, and ‘‘aye’’ on rollcall No. 227. Ackerman Bartlett Blumenauer Fox Linder Roukema PERSONAL EXPLANATION Aderholt Barton Boehlert Frank (MA) Livingston Roybal-Allard Allen Bass Boehner Franks (NJ) LoBiondo Royce Ms. ESHOO. Mr. Chairman, I was un- Andrews Bateman Bonilla Frelinghuysen Lofgren Rush avoidably detained on rollcall votes Archer Becerra Bonior Frost Lowey Ryun 225, 226 and 227. Had I been present, I Armey Bentsen Bono Furse Lucas Sabo Bachus Bereuter Borski Gallegly Luther Salmon would have voted ‘‘aye’’ on each one of Baesler Berman Boswell Ganske Maloney (CT) Sanchez the three. I ask that the statement be Baker Berry Boucher Gejdenson Manton Sanders included in the RECORD immediately Baldacci Bilbray Boyd Gekas Manzullo Sandlin following the votes. Ballenger Bilirakis Brady Gephardt Markey Sanford Barcia Bishop Brown (CA) Gibbons Martinez Sawyer The CHAIRMAN. Pursuant to section Barr Blagojevich Brown (FL) Gilchrest Mascara Saxton 5 of House Resolution 169, it is now in H4170 CONGRESSIONAL RECORD — HOUSE June 23, 1997 order to consider amendment No. 7 veloped, or are in the final stages of de- b 1830 printed in part 1 of House Report 105– velopment. It is not about do we have I would assert aggressively, Mr. 137, as modified by section 8(a) of B–2’s. It is about spending $27 billion to Chairman, that the $17.5 billion is al- House Resolution 169. restart production for an additional 9 ready overly subscribed. Colleagues al- AMENDMENT NO. 7 OFFERED BY MR. DELLUMS B–2’s for which significant authorities ready competed for this money two or Mr. DELLUMS. Mr. Chairman, I offer have not asked for, stated that they do three times. They can only spend a an amendment. not want, and stated that they do not buck in one place, they cannot spend The CHAIRMAN. The Clerk will des- need. A $27 billion program that no- the same dollar in three different ignate the amendment. body has asked for, no one wants, ex- places. Now only a fool can accept that The text of the amendment is as fol- cept the contractor and the sub- argument. lows: contractors. This is real, Mr. Chairman. As I said, Amendment No. 7 offered by Mr. DELLUMS: This is a weapons system that no one the world is changed. This is different. At the end of title I (page 23, before line 7), wants. Where do we get this $27 billion We cannot cram $27 billion. insert the following new sections: figure? From the Congressional Budget Now, Mr. Chairman, I want to come SEC. 123. B–2. AIRCRAFT PROGRAM. Office, the people with figures so accu- directly on this budget issue to a num- (a) PROHIBITION OF ADDITIONAL AIRCRAFT.— rate that a number of my colleagues in ber of my colleagues here. None of the amount appropriated pursuant these Chambers were prepared to shut To those who have said in the past I to the authorization of appropriations in sec- down the Government if the CBO was am going to give my vote on the B–2 to tion 103(1) may be obligated for advanced not part of providing the statistical a friend of mine, that charge is going procurement of B–2 aircraft beyond the 21 to cost $27 billion. It cannot be given deployable aircraft authorized by law before basis, the budgetary basis for what we the date of the enactment of this Act. have done. That means that people away any more because in the context (b) PRODUCTION LINE CURTAILMENT.—None have great faith in their figures. $27 of a balanced budget, we push some- of the amount appropriated pursuant to the billion, $13.6 billion that will be spent thing in, we push something out. We authorization of appropriations in section in the 5 years of the so-called budget cannot just turn our vote over for $27 103(1) may be obligated for reestablishment agreement, $13.2 billion beyond the 5 billion for a friend, my colleagues of the production line for B–2 aircraft. The years for maintenance and operation, handicap their own constituents, and I Secretary of the Air Force may use up to to a tune of nearly $27 billion. am going to argue that point aggres- $21,800,000 of funds available for the B–2 air- sively before I finish. craft program for curtailment of the B–2 pro- Mr. Chairman, there is a point that I duction line. will make throughout this debate that For those of my colleagues who said, (c) FUNDING REDUCTION.—The amount pro- the world has now significantly well, I am doing a Member a favor; vided in section 103(1) for procurement of air- changed. It is no longer the same. This they came to me first, and I am just craft for the Air Force is hereby reduced by is a zero sum game. going to give them my vote. Twenty- $331,200,000. You cannot have a 5-year balanced seven billion dollars; we cannot just SEC. 124. INCREASE IN AMOUNT FOR GUARD AND budget, strap on your back a $27 billion give away our vote. My colleagues are RESERVE EQUIPMENT. program and try to force it into the in a balanced budget environment; The amount provided in section 105 for pro- push something in, push something curement of equipment for the reserve com- budget unless you force something out. You do not have to be too smart to re- out. ponents is hereby increased by $331,200,000. For those of my colleagues who have The CHAIRMAN. Pursuant to the alize that. Just plain old mother whip helps you understand that. interests in military affairs and who rule, the gentleman from California have interests in other weapons system Balanced budget. You did not budget [Mr. DELLUMS] and a Member opposed, and other programs, they cannot just for this program because somebody the gentleman from South Carolina give away their vote. [Mr. SPENCE] each will control 45 min- wants to push it in. You push in $27 bil- I served on the Committee on Armed utes. lion, you push out something. I am Services. I have watched the horse The Chair recognizes the gentleman going to keep repeating that. This is a trading and the dealing for years. When from California [Mr. DELLUMS]. new day, it is a different world, it is a Members did not have any problem: Mr. DELLUMS. Mr. Chairman, I zero sum game. ‘‘I’ll buy your B–2, you buy my F–16, yield 221⁄2 minutes of the 45 minutes al- The budget resolution, Mr. Chair- my F–22,’’ ad infinitum. That day is located to this gentleman for the pur- man, that Members went home and over, it is dead, it is gone. My col- poses of debate to the distinguished lauded as they voted for this 5-year leagues are in a balanced budget envi- gentleman from Florida [Mr. FOLEY] budget agreement adds over and above ronment. Colleagues push $27 billion in, and I ask unanimous consent that he the President’s request $17.5 billion. colleagues push something out. be permitted to control that time. The Quadrennial Defense Review And then there are Members who The CHAIRMAN. Is there objection sweeps up all of that $17.5 billion for want the B–2, the F–22, they want the to the request of the gentleman from their 5-year defense plan. Now here joint strike fighter, they want every California? comes a program that will spend $13.6 weapon system on the face of the There was no objection. billion on a new weapons system that Earth, but they do not want to make a Mr. DELLUMS. Mr. Chairman, I nobody budgeted for. decision as to which one they had rath- yield myself such time as I may What about unbudgeted and unfore- er have as opposed to something else. consume. seen circumstances, like pay raises for The balanced budget now forces them Mr. Chairman, this is perhaps the the military, not budgeted? Mr. Chair- into this. This is now a tradeoff, my most significant vote that Members man, my colleagues may not know colleagues, no more skinning and grin- will make on the Department of De- this, but 3 years ago when I was the ning, no more smiling, my colleagues fense authorization bill for this fiscal chairman of this committee, my col- have got to make a serious decision. year. Contained in this budget is leagues submitted letters requesting For those Members in these Cham- $331,200,000 to begin advance procure- $10 billion for programs above and be- bers who represent the poorest con- ment for 9 additional B–2 bombers. yond the budget request. This year my stituency in America, how do they That is what is in the bill. What this colleagues sent letters to the distin- then go home in the context of a bal- amendment does is to strike that guished chair and the ranking member anced budget and say they took welfare $331,200,000 from the B–2 account and totaling $20 billion, add-ons, above and reform, they reduced welfare, they re- places it in another account that I will beyond what the Pentagon requested, duced education, they reduced housing, discuss a little later. what the administration requested, they reduced jobs, when somebody can What is clearly before us, Mr. Chair- what Members wanted. In the real march into the well and say, ‘‘But you man, is whether or not we ought to go world, those add-ons and those Mem- voted for a $27 billion budget program forward with the B–2 bomber. The de- bers’ requests are going to keep on that ripped across a 5-year budget plan. bate is not about having B–2 bombers. coming. Emergency crises are going to How can you argue on both sides?’’ We already have 21 of them that we keep coming. Desire for pay raises and For those who represent constituents have paid for, that we have either de- other things are going to keep coming. who have thousands and thousands of June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4171 young people at risk, who need the other policies, understand that my col- what President Bush said was the right to a good education, good train- leagues are jamming a $27 billion weap- fourth largest army in the world. We ing, good employment and living in a on system into a budget that cannot never flew one B–2, we never flew one good environment, how do they then stand it. B–1, and within 24 hours we had air su- say in the context of a 5-year budget Now, Mr. Chairman, let me go fur- periority; within 72 hours, diminish. agreement that they embraced a $27 ther. On the B–2 program itself there My colleagues may not know this; I billion weapon system that is going to were five, not four, not three, not two, think you do, Mr. Chairman, because I come out? not one, five independent studies that know of your position: We have greater Mr. Chairman, my colleagues have all said we cannot make a case for accuracy in our standoff capability, two options. Adding B–2’s will force more B–2 bombers. We had one study in more of that accuracy and more of it tradeoff of higher priority programs in 1995, the heavy bomber force study by deployed than when we were in the the Defense Department. I have al- the Institute for Defense Analysis. It Persian Gulf. Five studies. ready tried to make that argument. said, quickly, did not make the case for Now one thing: When I was chairman The Department of Defense makes this more B–2’s, additional quantities of of the committee 3 years ago, I walked argument. But I also want to talk to precision-guided standoff munitions in a room with Sam Nunn. He is the those people who are really not inter- are more cost effective than additional most articulate supporter of the B–2. ested that much in all these things. B–2’s, planned upgrades to the B–1 are They thought I was the most articulate They say, ‘‘Ron, you take care of the more cost effective than additional B– opponent. They said if Sam Nunn and RON DELLUMS can walk in a room and military budget. I’m interested in do- 2’s, planned bomber force with preci- work something out, everybody can mestic programs.’’ Remember this: We sion-guided standoff munitions can live with it on a bipartisan, bicameral are in a 5-year budget agreement where meet the requirements of the two basis. We walked in, I shook hands there are so-called fire walls for the major regional contingencies. with Sam and said, ‘‘Let’s do it fair, first 2 years. That means there is a Second study, 1995, Commission on Roads and Missions, did not make a let’s have an honest study, Mr. Chair- wall between defense spending and non- man, an independent study. If you win, defense discretionary spending. My col- case for more B–2’s. Additional B–2’s are less cost effective than additional you win.’’ leagues cannot take money out of the Guess what? A lot of my colleagues, military budget and put it in domestic precision-guided munitions, on and on. Third study, heavy bomber industrial including the gentleman from Ohio, programs or vice versa for 2 years. capability study, because many Mem- said ‘‘RON, you just bought into a suck- Now this is a 5-year budget deal. My er bet. That study is going to come colleagues, I just said this is a $27 bil- bers said, gee, we have got to build B– 2’s because we are going to lose the in- out, it is going to blow you away.’’ lion program. Wake up. Where do my Do my colleagues know what hap- colleagues think this $27 billion is dustrial base. Do my colleagues know what the study pointed out? There is pened? The study came out and sup- going to come on the other side of ported me, and that ended it for the those 2-year budget walls? Out of edu- no such thing as a bomber industrial base. If someone can build a plane, most part, and Sam Nunn supported it cation, out of housing, out of the pro- they can build a bomber. The people at that point. He said, well, if the ad- grams to serve our rural Americans, that built the B–2 did not build the B– ministration does not want it, the suburban Americans, and urban Ameri- study does not support it, he started to 1. The people that built the B–1 did not cans. walk away. build the B–2. There is no such thing as My colleagues have got to be smart I put all my chips on the table with enough to understand this is a zero a bomber base. honesty and integrity, Mr. Chairman, Finally, from 1962 to 1986, from 1962 sum game. They may not like it be- and I said let the study determine it. If to 1982 we never built a bomber, 20 cause they think I am the skunk at the my arguments do not make sense, if no years. But do my colleagues know party raising these issues, but, my col- one else carries my argument, then what? When we needed to build one, we maybe I am talking to myself. leagues, I have got to put it in their built one. A bomber is just a plane, big- face because that is the reality. We But I was not. Five additional, five ger, longer, or whatever. But it is just independent, studies pointed this out. have got to wake up. There is no more a plane. So that argument about bomb- dreaming any more. When my col- Now I could talk about the B–1. I er base does not make sense. hope someone else does. The B–1 car- leagues decided to go into a balanced Now the question of the technology, budget environment, they put them- ries more of these weapons, flies the we need stealth. Well, that stealth same distance, but let us come down to selves there. Dignity and integrity and technology that we learned out of the honesty require that they step up to the last point: Jobs. B–2 is going into the F–22, the joint Some people have argued that this is that. strike fighter, and it is also in our going to keep more people employed in If my colleagues want this B–2, then technology base. it is so that they do not want other these communities that are presently Third study is the quadrennial de- building B–2. Not true, Mr. Chairman. systems. If they want this B–2, absorb fense review. They came up with the This is a restart, not industrial-based that we may not have other programs. same notion. Forces with more B–2’s preservation. Air Force sources have For those of my colleagues who are cost more than currently planned estimated that the production capabil- concerned about the fragile nature of forces, et cetera, et cetera, and then ity for the B–2 right now as we speak is our ecological system and the environ- the deep strike weapons mix study also no more than 30 percent, 30 percent. ment, understand that in this bill we this year concluded, 1997, same thing. Only 6 percent of the personnel re- took $2.6 billion out of the Department Forces with more B–2’s were less capa- quired to produce nine B–2’s are cur- of Energy’s budget, a lot of it to clean ble in strike warfare than those traded rently on the program. Not according up the environment where we have a off, et cetera. Forces traded off perform to RON DELLUMS, not according to Mr. responsibility to clean up some of the roles the B–2 cannot. FOLEY, or Mr. KASICH or the Pentagon. worst waste in America on these mili- My colleagues will argue that, well, Do my colleagues know whose data? tary reservations and bases, to buy we can trade off some of these other The contractor’s data. more weapon systems. weapons systems for B–2’s because we Mr. Chairman, I am sorry, 16 percent. This is a big one, my colleagues. It is urgently need them. Mr. Chairman, we Many vendors and suppliers began coming out of our hide one place or the are not going to have these nine B–2’s exiting the program early in 1992. When other. for 10 years. So if it is all that impor- we make a contribution and have done So if my colleagues got these poor tant for us to have them, then what it, we exit. People have been walking people, if they got these children at about these 10 years, what do we do? away from this program since 1992. risk, if they have got people who are Do we go in a closet because we are Summarize, Mr. Chairman. This is concerned about their health and their fighting to death that we do not have not an argument about B–2. We have 21 welfare, if they got people who are con- these nine additional B–2’s? We got 21. of them. We have got 95 brandnew cerned about the environment, if they We have a silver bullet. shiny B–1’s converted with the capabil- have got in their district other weap- And remember, when we flew in the ity to destroy life beyond comprehen- ons systems, if they are committed to Persian Gulf, Mr. Chairman, we fought sion. H4172 CONGRESSIONAL RECORD — HOUSE June 23, 1997 Mr. Chairman, this is a budget bust- b 1845 century, and then consider the cost in er. Mr. Chairman, we cannot sell, we It was overturned by the President. the context of the funding that our cannot rope-a-dope people, we cannot He vetoed the bill and we did not get it. country will spend on just three tac- push $27 billion into a weapons system, Then, later on, President Reagan was tical aircraft programs: The F–22, the into a budget and assume that it is not elected, and the same question came F/A–18E/F, and the Joint Strike Fight- going to come out hurting somewhere, back up, and President Reagan held er. These three programs are slated to and if the people on the committee over the Chairman of the Joint Chiefs cost $350 billion, a figure which is not work it out and manage to buy each at that time, General David Jones, who even adjusted for inflation, just to pro- others B–2’s and F–22’s and joint strike sat down before the committee and cure in the decades ahead. And they fighters, I say to the gentleman from said we do not want this B–1 bomber. will probably cost a like amount to op- New York, ‘‘Who do you think they are But guess what? Under President erate over their 20 or so year life spans. coming after after the end of 2 years?’’ Reagan, that same man who said we In this context, $20 billion to $25 billion He knows. Jump on the other side of did not want it then said he wanted it, to buy and operate another squadron of those fire walls and come after domes- because President Reagan wanted it. B–2’s over the next 20 years seems tic programs, hurt us, hit us where we I have to make the point that these small. hurt across the board, and that is what people in the administration have to So while cost should be a critical this whole thing is about. carry water for the administration. variable in any debate over a major We cannot push this forward. No one They cannot very well take the oppos- weapons system, I urge my colleagues wants this program except a few Mem- ing view from the President on matters to consider first the capability. If the bers pushing it, the contractor and the of this kind. B–2 provides a capability that the Na- subcontractor. Two Presidents did not As a supporter of the B–2, I would tion needs, and I believe that it will for want it, two Secretaries of Defense did like to quote from a letter that retired decades to come, we ought to be able to not want it, Chairman of the Joint Senator Sam Nunn wrote to the Com- find the money in an annual defense Chiefs did not want it, the CINC’s do mittee on National Security earlier budget of $250 billion to do it. If we do not want it. Who wants it? Why would this year. Senator Nunn’s letter stated, not believe that the Nation will want a we push a $27 billion program? If our and I quote, ‘‘I continue to believe that more robust B–2 capability than the warriors do not want it and we are not the 21 B–2 bombers will not constitute currently planned 21 aircraft in the out there fighting wars, what makes us an adequate force level to deal with decades ahead, then my colleagues think we want to supplant them? We many likely future contingencies and should vote for this amendment. all know what this is about. crises, and that no other military sys- I believe that another squadron of B– But the day is different now. This is tems in existence or on the drawing 2’s represents a prudent investment in a zero sum game. Make a deal, pay for boards can adequately substitute for our future, and therefore, I urge all of it. Make a deal, the community pays the capabilities that the B–2 bomber of- my colleagues to vote no on the for it. Make a deal, the constituency fers.’’ amendment. pays for it. While many share this view, unfortu- Mr. Chairman, I ask unanimous con- Mr. Chairman, I urge my colleagues nately, as I said earlier, most current sent that the gentleman from Califor- to support this amendment. It is the and former Clinton administration nia [Mr. HUNTER], the chairman of our right thing to do, it is the intelligent Secretaries of Defense do not. Con- Subcommittee on Procurement, con- thing to do. It is assuming our fidu- sequently, the fate of the B–2 bomber, trol the remainder of the time in oppo- ciary responsibilities. It is the eco- like the fate of the nuclear submarine, sition to this amendment. nomical thing to do. the conventional cruise missile, the F– The CHAIRMAN. Is there objection Mr. Chairman, with those arguments 117, and the V–22 before it, rests with to the request of the gentleman from I reserve the balance of my time. Congress, for only Congress can inter- South Carolina? Mr. SPENCE. Mr. Chairman, I yield vene in these matters and has in the There was no objection. myself such time as I might consume. past. Mr. FOLEY. Mr. Chairman, I yield It intervened, for instance, with Ad- myself such time as I may consume. (Mr. SPENCE asked and was given miral Rickover, the father of the nu- permission to revise and extend his re- clear Navy, able to build the nuclear Mr. Chairman, this issue is not about marks.) submarine because Congress dictated simply the defense of our country. This Mr. SPENCE. Mr. Chairman, as a fa- it; were options to build the conven- is not about short-changing the men mous commentator recently said, tional cruise missiles not negotiated and women who serve our military. ‘‘Now it is time for the other side of away, thus protecting Tomahawk This is not about military prepared- the story.’’ cruise missiles, whose performance in ness. This is about a discussion that Mr. Chairman, I rise in opposition to Desert Storm and in Bosnia were ex- needs to go forward on a weapons pro- the amendment to strike the B–2 fund- ceptional; a second squadron of F–117 gram, the B–2 bomber, that is clearly a ing from the bill. I oppose efforts to Stealth fighters procured. The can- very, very expensive budgetary item. terminate the B–2 program as I did 2 cellation of the V–22 tiltrotor, the Ma- There will be a lot of rhetoric about years ago when the House twice re- rine Corps’ future air transport, all of the pros and cons of the B–2 bomber, jected similar amendments. Although these things overturned because of and there is divided opinion. We read buying an additional nine B–2 bombers Congress when the administrations the editorial papers, we listen to de- will not come inexpensively, the case were opposed to it. fense experts, we listen to our col- for another squadron of these stealthy Mr. Chairman, I only hope that the leagues, and one can come to the con- bombers that the Nation will rely on wisdom of Congress today and the wis- clusion that the B–2 is the best thing for the next 40 years is compelling. dom Congress exhibited in reaching we have ever invented, or that it is an This debate reminds me, I just lis- these historic decisions on these weap- extreme waste of money. tened to the gentleman refer to the on systems will prevail here today on We have to start talking about the fact that the President, the Chairman the B–2. budget of this Nation like we talk to of the Joint Chiefs, the Secretary of We will hear a lot of stories in this our families at home, about making Defense, all these people in the Penta- debate about the expense of buying priorities fit within the confines of gon do not want the B–2 bomber. Re- more B–2’s. We will hear that procuring money available. minds me of another President, Jimmy nine more aircraft will cost $10 billion Now, clearly, if we have an unlimited Carter. We were debating this B–1 or $15 billion and that operating them Treasury, which we have proven we do bomber the gentleman referred to at for the next 20 years will cost another not, in fact, my side of the aisle has that time. And the same situation pre- $10 billion to $15 billion. Even if these been one of the strongest proponents of vailed. The President, Chairman of the figures are correct, they need to be put balancing the Federal budget and say- Joint Chiefs, the Secretary of Defense in proper context. ing no to other things that we cannot all of them were opposed to the B–1 Consider the capability the B–2 will afford. Well, I think clearly, if we want bomber, and the Congress voted for it. provide this Nation well into the next to put something right on the table as June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4173 a meaningful attempt to save the tax- bomber costs about $1.5 billion. Now, Now, we can spend billions of dollars payers’ dollars, the B–2 comes to the the proponents of the B–2 say that is to build up our society in public edu- top of the list. because we are not ordering enough of cation, in housing, in infrastructure. According to the Pentagon, again, I them and we can get the cost down on Imagine that, building and creating have to suggest that many in this body a relative per-unit cost if we can just our roads in America, strengthening suggest let the experts decide, let buy a lot more of them. The argument our bridges, fixing the potholes in sound science rule the day, and let is not about buying efficiency in weap- Washington, DC. What a novel thought, those charged with determining the fu- ons system, it is about do we even need to think the American taxpayers will ture success of our military operations them to begin with. actually see some of their dollars at be brought into the discussion and But let us go over what a B–2 bomber work domestically rather than flying make recommendations. The current will provide the United States of Amer- planes we cannot see over in the Middle fleet of 21 B–2 bombers, according to ica taxpayers as a trade-off for some- East somewhere. the Pentagon, is sufficient to meet the thing else. Fifty-six thousand, six hun- Let us talk about our personnel. I two-war scenario, the ability to fight dred and four elementary school teach- was on the floor proudly supporting the and win two wars at the same time. ers at $26,000 a year, that is what one flag burning amendment, because our The B–1 bomber was mentioned ear- B–2 bomber buys; 86,108 deputy sheriffs veterans, our military personnel, went lier, which offers a greater payload and to patrol our streets at $17,420 per year; to war and died for the symbol of our essentially the same range and weap- 57,692 clergymen to go out and spread democracy, the flag. I went home and ons suite as the B–2. It is a logical com- the message of the Bible in our commu- they said, that is just rhetoric. The plement to the 21 B–2 bombers author- nities at $26,000 per year; 46,000 firemen Constitution gives us the right of free ized under current law. Again, we have to protect our buildings and our public speech, so putting a constitutional 21 B–2 bombers. It is not as if we are on safety. Here is one some may not agree amendment about flag burning is just a the floor today to determine should we with, but 47,928 newspaper reporters. gesture. Men and women died for that get a B–2 bomber. We have 21 B–2 We may not agree that we need that flag, and the debate today is about do bombers that we paid for. many, but they are there at $31,297 per we treat them as human beings. Now, we received a letter. The gen- year. b 1900 tleman from Ohio [Mr. KASICH] asked Thirty-six thousand, five hundred the Congressional Budget Office that eighty six new prison beds to lock up Do we give them the housing they so was referred to by my colleague: our most violent offenders in prisons richly deserve for protecting our Na- At your request, the Congressional Budget with the price of 1 B–2 bomber; not the tion? Do we get our own personnel off Office has estimated the cost to acquire and fleet, one. Take those numbers forward of food stamps so they can proudly operate nine additional B–2 bombers. CBO es- and see what they will do for us. Buy raise their own children? Do we give timates that adding nine bombers to the cur- 188,372 brand-new GEO economy cars. them the flight training and equipment rently-planned fleet and operating each of Buy groceries for 1 full year for 360,577 up to standards that they desperately them for 20 years would cost about $27 bil- families. For one B–2 bomber, I am need? Or do we go off on a tangent and lion. going to tell 360,577 families, no grocer- buy more weapons that the President Some may assume that today’s budg- ies for a year. Now, we can go to public and others have clearly said we do not et item of $331 million is what we are education, 224,000 students for 1 full need? talking about. We are not talking academic year at a public 4-year col- The Boston Globe, Pentagon’s high about $331 million; we are talking lege. tech delusions. The Pentagon insists on about a total outlay over 20 years of $27 Why do I mention these figures? Be- purchasing weapons systems that have billion. cause it is about choices. It is about a little utility in a real crisis because Most importantly, we have to discuss parent sitting down with their children they either are irrelevant to the threat the fact that there are 95 B–1’s in the and saying yes, I want to take you to or technologically wholly dispropor- fleet already bought and paid for by Disney World this summer, and yes, we tionate to the threat or so costly that the U.S. taxpayer. The massive deep- are going to try hard, but, kids, if we commanders are inhibited from using attack weapons mix study conducted do that, we are going to sacrifice a lit- them. The B–2 stealth bomber is the by the Pentagon concluded that it tle bit this year. Maybe not go to the obvious and controversial case in would not be cost effective, not be cost movies during the weekend, maybe not point. effective, to buy more B–2 bombers. order the pizza from the delivery man, Kansas City Star, hardware versus The Dellums-Kasich-Foley amend- maybe sacrifice a few items in order to troops. Pentagon continues against all ment is important because it elimi- do what we would like to do as a fam- logic to insist no tough choices be nates the $331.2 million in B–2 funding ily, go to Disney World. made between the two. that would be allocated this year, but Now, maybe this is a simple analogy, Kansas City Star, again, with the again, that figure is a mere fraction of but I got elected to Congress from a cold war over, the need does not exist the real cost. No money is programmed small town in Florida. I used to drive a for all three fighters. in any balanced budget plan to pay for tow truck, I worked at a gas station I can read from almost every edi- the outyear cost, as was mentioned by pumping gas, I opened my own res- torial regarding this expenditure. De- the gentleman from California [Mr. taurant at the age of 20. I found that fense Secretary William Cohen, a Re- DELLUMS] that would be forced by au- every cent mattered in my life, because publican, is constantly being urged to thorization of nine additional B–2’s. for me to open up the following Mon- kill sacred cows and must do so. Our Small down payment today, folks, to day my restaurant caused me to be ec- own recommendation for cuts, includ- keep the line operating; the big ticket onomical in my pursuit of excellence in ing dropping the joint strike fighter comes in the outyears. Can we face the that restaurant, and I could not waste and the B–2 bomber and cutting back taxpayers to tell them the bill is in the money. the Marine Corps to free money for ur- mail and it is on its way? I got to Washington, DC, and people gent needs particularly airlift and sea If Congress allows this fiscally im- talk about billions as if we are talking transportation. prudent spending to occur, we will be about somebody’s walking around Mr. Chairman, if we look at the facts, forced to confront untold trade-offs in money. It is only $27 billion, or maybe look at the groups supporting the Del- the future. Balancing the budget is a less, maybe $20 billion. CBO says 27 bil- lums-Kasich amendment, we will clear- very difficult task. We have seen it on lion, the proponents of the program ly come to the conclusion that while the floor, we have read about it in the may say it is only a couple billion dol- the B–2 is a very valuable weapons sys- newspapers, we have heard from our lars. Members decide. Members decide. tem, the fact remains we have 21. The constituents, so yes, we do have to Because April 15 every year when I ask fact remains we are equipped. The fact make some spending decisions now, not people to send their money to the IRS remains we have not shirked our duty later. to run this Government, part of those to protect our Nation. The fact re- Let me tell my colleagues what we dollars they are sending, Mr. Chair- mains we are advancing techno- could buy for one B–2 bomber. One B–2 man, is for things like the B–2 bomber. logically to develop weapons systems H4174 CONGRESSIONAL RECORD — HOUSE June 23, 1997 that are more adequate for today’s Mr. HUNTER. Mr. Chairman, I yield armor attack halfway around the needs. We are looking at conflicts that myself such time as I may consume. world. are arising around the globe. Mr. Chairman, let us start with I am a Navy guy. I come from a Navy I just got back from Asia with the stealth because, that is an important town, San Diego. I am an advocate of Speaker of the House. We talked to part of the B–2 story. In Vietnam, we carrier air power. However, it takes a people in China about their defense ca- lost 2,300 aircraft. In fact, in the last long time to steam a carrier some- pabilities. The average pilot in China phases of the war, when we threw B– place. You cannot count on an enemy trains 2 hours a month. Their equip- 52’s against surface-to-air missile sys- like Saddam Hussein being right out of ment is antiquated. Their resources are tems from Russia, then the Soviet central casting and waiting for you to limited. So who is the threat? I am not Union, we lost 10 percent of our B–52 build up in theater with these 200- and suggesting China is not a threat. Un- force that was used in that theater in 300 mile airfields that are just a couple derstand, there are components within 11 days. And America turned to her sci- hundred miles away from your targets. China that could operate to our det- entists and said, we may be on the You have to stop armor early. riment. Russia is broke. Boris Yeltsin verge of having our Air Force become Does the military want it? My col- was at the summit. He is broke. They obsolete if you do not figure out a way leagues, the gentleman from California are broke. They do not have the money to beat those Soviet-made radar sys- [Mr. DELLUMS] and the gentleman from to put toward weapons systems. They tems and surface-to-air missile sys- Florida [Mr. FOLEY], have said the are no longer a threat. tems. military does not want that. Here is There are threats, I recognize that. I And our scientists, the great sci- what President Clinton’s chief of staff, am not so naive to suggest that this is entists that we have in this country, General Fogleman says, at a hearing a perfect world. Iran, Iraq, other na- responded. They came up with some- just a few weeks ago: More B–2’s would tions pose threats to us. But is the B– thing developed by Democrat and Re- be extremely valuable in the halt 2 going to be called into service for publican administrations, announced phase, that is when you stop his armor those nations that may be hostile to us first by President Jimmy Carter, with attack, and in fact in all phases, as we or will it be an F–22, which I do sup- what was known as stealth. Stealth is would go. port? Will it be a more versatile, more the ability to avoid enemy radar. That My question back, and would they mobile force? means very simply that a guy like the save lives? General Fogleman, yes. So to my friend the gentleman from Let me read a letter that went to the gentleman from Texas, Mr. SAM JOHN- Florida [Mr. FOLEY], if we want to give gentleman from South Carolina [Mr. SON, who is sitting right here, who was the best quality of life to a person in SPENCE] from the Secretary of Defense a POW for a number of years in Hanoi, uniform, that is, to save his life, then on June 18, 1997. Let me just under- could fly an aircraft through a SAM you want to have B–2’s. score one statement: The loss in com- missile battery without it acquiring Let us go back to the Clinton admin- bat capabilities from retiring current him, without it seeing him and shoot- istration’s proposal if this Congress weapons systems to pay for additional ing him down. It gave survivability to does not act, does not keep our pack- B–2’s, the loss due to forgoing invest- American pilots. So we started devel- age intact. President Clinton had a ment in other needed capabilities and oping stealth. And that is what the B– problem. The problem is, how are we the additional cost of the B–2 far out- 2 is. going to maintain our long range weigh the benefits from adding more B– My colleagues have talked about bomber force if we are spending $350 2 aircraft to the fleet. these wonderful ways to give quality of billion for short range aircraft and not I will read that once more. Bill life to the people who serve in the a dime over the next 20, 30 years for Cohen, appointed by President Clinton, Armed Forces. The way to give quality long range aircraft. The answer was, Republican Senator from Maine, a of life to the people who serve in the we are going to fly B–52’s. Those are thought conscious, strong individual Armed Forces is to bring them back. the planes that were shot down easily who has supported our military. The And the way you bring them back is by by SAM batteries in 1968. We are going loss in combat capabilities, our young letting them fly the best equipment. to fly them for 80 years. So the pilot men and women on the front line, from Let me just put this argument in per- that the gentleman from Florida [Mr. spective in terms of cost. President retiring current weapons systems to FOLEY] cares so much about is going to pay for additional B–2’s, the loss due to Clinton has a program to buy short be flying an airplane that is older than forgoing investment in other needed range aircraft over the next 20 years his great grandfather. capabilities and the additional cost of for $350 billion. Many Members here We have talked about cost a little the B–2 far outweigh the benefits from who are arguing on the other side have bit. Let us talk about bases. We had 81 adding more B–2 aircraft to the fleet. signed on at least initially to that pro- bases for our short range aircraft in The only former Defense Secretary gram. We need those aircraft. That is 1961. As the years went by, we lost that I think they could find to sign the short range theater aircraft. those bases, sometimes because of po- letter of support was Cap Weinberger President Clinton says we need $35 litical action, sometimes because we under the Reagan administration. I billion for short range aircraft and for just could not afford to operate them. may stand corrected and I would look long range aircraft, for bomber aircraft We have gone from 81 major overseas forward to it if I am. that can go from the United States to U.S. air bases to 14. Let me tell you Mr. Chairman, the debate is signifi- stop an armored invasion in another what is going to happen on the Korean cant. The debate is about providing country thousands of miles away. He peninsula. We all know this. It is in all moneys, supplies, necessary weapons to put down zero. Not a dime for long the open reports. The North Koreans our troops to defend America’s inter- range aircraft. That is why the study have the capability to put nerve gas on ests both here and abroad. We are that I think is the best study, the inde- every single short range airfield on the going down a path of spending billions pendent study, not a budget-driven Korean peninsula. Limited detoxifica- of dollars on a weapons system that we study but the independent study by tion capability. The first crew that dies clearly do not need by most all rec- General Scowcroft recommends that because of nerve gas on the runway at ognizable experts. we continue to build the B–2 line. one of those tactical air bases is going I hope my colleagues will join on the So here is what we are recommending to eliminate us as a tactical presence side of the righteous, if you will, and today, what is in our budget, one thir- on the Korean peninsula. support the Dellums-Kasich-Foley ty-fifth of the amount of money that is Last week the Japanese started to amendment. It is a financially signifi- spent on short range aircraft of that hedge on our ability to base our fighter cant opportunity to show both our sup- $350 billion, that is about $12 billion for aircraft in Japan in a second Korean port for the defense of this Nation and the construction, according to CBO, of war. We Americans have to be able to for the conservative principle of saving B–2 bombers, one thirty-fifth of what rely on our technology to stop an money in a time when our budget is ex- we are spending for short range air- enemy, to deter an enemy with a flight tremely stressed. craft, let us spend it for long range air- that comes out of the United States Mr. Chairman, I reserve the balance craft so you have the ability to move and goes to that particular area, wher- of my time. from the United States to stop an ever it is around the world. June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4175 So the Air Force does not want it. b 1915 open. And they talk about building That is not what the Air Force says. They came out and surrendered to a stealth bombers like it is just a piece General Fogleman says, more B–2’s Marine Corps RPV. What the B–2 does of cake. I want my colleagues to know would be extremely valuable in the is allow us to hit those same tanks, something. That is not true. I went to halt phase and in fact in all phases as that same army that Saddam had from my friends at Boeing and they said it is we would go. 41,000 feet, day and night, no matter very difficult, putting stealth into an Last part of the cost argument, every what circumstances, no matter what aircraft is enormously difficult. Member of this House has voted just a the weather is. This is a revolutionary When we shut this down, we would few days ago on the reform package military capability. We can destroy a have shut down the ability to build that reforms the Pentagon, that cuts country, and we can destroy the army these kind of bombers, which is worth the bureaucracy. CBO’s estimate of that it sends in the field by air power. saving. This is something we need. that reform package is that we save in We have never been able to do this be- What if a crisis occurs over the next 10 5 years $15 billion. That means in 5 fore. What that does, to make this years? Then we have to come back to years we have saved $3 billion more point, what that does is to allow us to this. It will cost us $40 billion to pay for the R&D to do a B–3. So get the than CBO says we would need to build save American lives. this entire tranche of nine B–2’s. To my friends on the Democratic right number while the production line So, no, we are not going to take it side, what I believe this gives us is the is open and it will save us money in out of Geo sales in America. We are not potential of having a conventional de- terms of avoiding taxpayer cost. So we save money that way, we save going to take it out of pay. We can af- terrent. Think if we had had the B–2, American lives, and we do the right ford to get by spending one thirty-fifth which we did not have in the gulf war, thing. This is the most important con- of what we are spending on short range and the President could have deployed ventional weapon that has ever been aircraft by spending that $12 billion on it to the Gulf and said, Saddam, if you developed by any country anywhere, come south, I will destroy your divi- long range aircraft and taking that and it gives America an enormous ad- sion before you get into Kuwait; and from the reform package. vantage. Mr. Chairman, let me just say that we now have the military capability What we are going to do is not get this will be the first time, if we do not with centrifuged weapons to do just the right number. The studies that keep the B–2 in the budget, this is that. We could have not had to fight were done by Rand, the studies that going to be the first time that this Na- the war. We would not have had to send were done by Gen. Jasper Welch, say tion has had the technology to allow 500,000 kids to the Gulf. We could have that the right number is significantly our pilots to survive in an adverse en- saved $10 billion it cost us to move more than 21. We are here saying let us vironment and we have not given it to them out there and $60 billion to fight do at least three squadrons, three them. Let us give it to them. Let us the war. squadrons so that we could have 20 for give them the very best. The B–2 gives us the potential, a rev- the first major regional contingency Mr. DICKS. Mr. Chairman, will the olutionary conventional potential, to and 10 for the second. gentleman yield? have a deterrent; and that is a capabil- This a very reasonable proposal. And Mr. HUNTER. I yield to the gen- ity worth having. Yes, it is expensive. the gentleman mentions the numbers. tleman from Washington. But it is not as expensive as losing The contractor says we can do it for Mr. DICKS. Mr. Chairman, I want to American lives. I would guarantee my about $9 billion. The Defense Depart- commend the gentleman from Califor- colleagues today that at some future ment I think says $12 billion. And I nia. I think it was a very thoughtful date, if the proponents win this amend- think over a period of years, that is af- statement. I think all the statements ment tonight, there will be a cir- fordable. Any plane we buy has to have this evening have been very well cumstance in which we will not have life cycle cost. And we may take out thought out. the capability that we needed, and that some of the older planes to offset and I happen to agree with his statement. will mean that we will lose more lives make room for it. Let me also make another point. In the than had to be lost and that would be Mr. HUNTER. Mr. Chairman, if the gulf war, for the first time we used the a tragedy. gentleman would yield, even if we take The gentleman from California [Mr. F–117. The Air Force wanted 27. Con- the highest number, even if we take HUNTER] is right; let us send them in gress said no. We think you should buy the CBO number, we are asking in the our best. Stealth means survival. 1 more. You need 54. We are going to committee’s package to spend ⁄35, that Stealth means survival. is 3 percent, for long-range aircraft, make you buy two squadrons. The And I will just tell my colleagues Chairman tonight was one of the lead- that is our B–2, of what we are spend- this. I have studied this issue. I was ing for short-range aircraft. At a time ing figures in that decision, and we there when Harold Brown, a Democrat, went out and we bought 54. when our overseas bases have shrunk came up. By the way, there is a letter from 81 overseas bases to 14, that In the first 14 days of the gulf war, here signed by Mel Laird, Jim Schles- makes sense. they represented 2 percent of the as- inger, Donald Rumsfeld, Harold Brown, Mr. DICKS. Mr. Chairman, the gen- sets, but because they were stealthy, Cap Weinberger, Frank Carlucci and tleman from California mentioned because, as the gentleman pointed out, Dick Cheney saying, keep the B–2 pro- something else called lockout. What if they could go into the target and come gram going. That is seven Secretaries the enemy uses chemical and biological back out without that large package of of Defense, not one. weapons on those tactical airfields so aircraft, they destroyed 40 percent of This is an important issue that de- we cannot get the airlift in to set up the targets and all the most difficult mands the attention of this House. the TAC air? Then we bought the ones. It proved that stealth works. Mr. HUNTER. Mr. Chairman, if the wrong weapon system. We need some- And what the B–2 gives us is a plane gentleman will yield, along with seven thing that can come from outside the that goes five times as far, carries Secretaries of Defense, Gen. Chuck theatre, assuredly, to be able to pro- eight times as many weapons, and Horner, who ran the air war, if we are tect and stop the enemy before he gets weapons, by the way, that are $13,000 going to listen to the war fighters, to there. apiece. JDAM’s are $13,000. Sixteen of the warriors, who now is free to speak I think the possibility of lockout is them are $208,000. That is one-sixth the his mind because he does not have to something that we need to study, that cost of a cruise missile. What the gen- do what the President tells him to do, the National Defense Policy Panel tleman from California suggests is that has said very strongly that the B–2 needs to study, because that is a very we rely on the old bombers that are not should be supported. That is the guy real potential. By the way, in the deep stealthy. That means we have to use who ran the air war in Iraq. attacks weapons mix study, in every these very expensive weapons. Mr. DICKS. Mr. Chairman, if the gen- scenario in which there was lockout or But what would it allow us to do? tleman would yield, and 50 former gen- very little warning, the B–2 was better Saddam stopped himself. He gave us erals of the Strategic Air Command than any other conventional weapon. the time to build up our forces and also wrote the President saying, keep And we lost some of the wars because then we destroyed him with air power. this capability alive, keep this line we did not have enough B–2’s. H4176 CONGRESSIONAL RECORD — HOUSE June 23, 1997 So let us, at least, buy the nine addi- II. THE FUTURE OF THE BOMBER FORCE tional F–16 fighters, on the same wish list tional we are talking about here. It To put the matter simply, under current that omitted production of more B–2s. will save lives and save money. I sup- plans the bomber has no future. A de facto The DoD has no plan to keep the bomber port the chairman in this. We need to strategic choice has been made to rest the force viable in the long run. Every other future of American air power on short-range major weapon system—fighter, submarine, keep this money in the budget. We destroyer, carrier, tank, etc.—has either a need to keep this option alive. fighters. Unless immediate corrective action is taken, the long-range heavy bomber will system in continuing production or a Mr. Chairman, I include the following gradually disappear as a meaningful element planned, programmed replacement. JSF will for the RECORD: of America’s armed forces. replace F–16. The New Attack Submarine Congressman DUNCAN HUNTER, The clearest evidence of the bomber fleet’s will replace the Los Angeles (688) class at- Chairman, Military Procurement Subcommittee, condition is its size and age. Since the late tack submarine. But no new bomber model is House National Security Committee. 1950s, the general trend has been for U.S. planned in the numbers required to replace DEAR MR. CHAIRMAN: You requested that force structure to shrink, with capability the B–52 or B–1B. The current, uncontested my colleagues and I provide your committee sustained or improved with advancing tech- DoD plan will inexorably vitiate the bomber with an independent look at the adequacy of nology. But in recent years, bombers have force through age, attrition, and obsoles- the nation’s heavy bomber force. This is an been reduced more than any other major cence. important issue as we move into the new se- force element (such as army divisions, air- Furthermore, recent congressional testi- curity era and we greatly appreciate the op- craft carriers, and USAF fighters). There mony by Air Force Chief of Staff General portunity to offer our counsel to you and were 360 active bombers in 1980. The force Ronald Fogleman revealed that the Air your committee. dropped to about 300 in 1990. Under current Force has no plan for replacing the mission In our review, we first examined the plans, the operational bomber force in the capabilities lost as the bomber force disinte- planned future of the bomber force, its role year 2001 will consist of 130 aircraft: 44 B–52s, grates. When questioned about bomber re- in supporting U.S. national security, and the 70 B–1Bs, and 16 B–2s. placement General Fogleman said, ‘‘between potential offered by the B–2. We then exam- Unlike the fighter force, bomber force now and 2020, we have lots of things we’re ined the sources of Pentagon opposition to shrinkage is not being offset by substantial going to look at.’’ But the General concurred additional B–2 production and the recent se- deployments of new planes and new models. that no replacement was actually in the Air ries of studies the Department of Defense has So as the fighter force is improved, bomber Force plan—meaning no funding in either sent to the Congress regarding the bomber force capabilities will inevitably decline over the Five Year Defense Plan (FYDP) or the force. the long-term. The average bomber is al- Ten Year Plan. With no planned funding We reached two fundamental conclusions. ready roughly twice the age of the average there will no more B–2s, and almost cer- First, long-range air power will be more im- fighter, and current USAF plans are to main- tainly no B–3. portant than ever in the decades ahead. Con- tain the remaining B–52s in service until In sum, all evidence indicates that bomb- sequently, we do not believe that the they are at least 60 years old, and possibly as ers have no future: planned force of 21 B–2s will satisfy foresee- old as 100. We may soon be in the extraor- The bomber force structure has been cut able U.S. military requirements. Second, dinary circumstance where America’s bomb- disproportionately. Pentagon opposition to further B–2 produc- ers will be older than America’s oldest air- Budgetary investment in bombers has tion is shortsighted and parochial. It reflects craft carriers. shrunk almost beyond visibility. a consensus across the services that long- The bomber’s loss has been the fighter’s All bomber production programs have been range air power can be safely abandoned in gain. Although in Congressional testimony capped and terminated. the long-run—a view with which we strongly the distribution of Air Force procurement is All Congressional efforts to initiate new disagree. frequently portrayed as a cycling among bomber production programs have been ac- Based on these conclusions we offer a set of transports, bombers, and fighters, in reality tively opposed. legislative recommendations regarding the fighters have consistently maintained a plu- The Air Force has consciously excluded bomber force. The following contains an executive sum- rality of the budget, and will overwhelm- any new, future bomber type from both the mary and the overall report. ingly dominate the budget over the next two FYDP and the ten year plan. Sincerely, decades. There is no plan of any kind to replace the bomber capabilities being lost by any other BRENT SCOWCROFT. TABLE 1: APPROXIMATE SHARE OF USAF PROCUREMENT means. INDEPENDENT BOMBER FORCE REVIEW BUDGET The bomber force is aging, shrinking from I. INTRODUCTION [In percentages] attrition, and glaringly absent from future Whether the United States should retain R&D and procurement plans. With no fund- enough modern, heavy bombers to support ing, no modernization plan, and no evident Airlifters Bomb- Fight- U.S. national security strategy is, foremost, ers ers concern for their absence, the bomber force a strategic choice. We believe strongly that faces inevitable extinction. Whether by ac- 1970’s ...... <5 5 95 the future of America’s long-range bomber 1980’s ...... 10 40 50 tive choice or default, this evidence means force should be decided fundamentally on the 1990’s ...... 30 35 35 that the DoD has indeed made the fundamen- basis of what best serves the national de- 2000–2020 ...... <5 <5 95 tal strategic choice to rely in the future al- fense. Unfortunately, the Department of De- most exclusively on short-range fighter avia- A corresponding indicator of fighter domi- fense (DoD) has made this strategic choice tion. Unfortunately, emerging trends in the nance is the steadily growing ratio of fight- on a de facto basis in light of short-term security environment identified by the Pen- ers to bombers in the USAF operational in- funding and force structure preferences. If tagon would seem to call for a renewed em- ventory. This ratio increases from about 4–1 this decision is allowed to stand, the end re- phasis on long-range air power. sult will be a force structure that relies al- in the 1950’s, to 6–1 in the 1970’s, to 10–1 in III. THE BOMBER FORCE IN THE NEW SECURITY most entirely on short-range air power. the 1990’s, and trending toward about 14–1 in Pentagon preferences for short-range in- the near future. ENVIRONMENT stead of long-range air power raises a puz- With rare exceptions, Air Force actions on During the Cold War, long-range heavy zling contradiction. The long-range bomber existing bomber programs illustrate an bombers proved to be vitally important as- fleet is an element of the force structure underwhelming amount of concern about the sets to U.S. national security. Not only did that appears ideally suited to the demands of bomber’s future. The B–1B bomber, which en- these aircraft support nuclear deterrence as the new security environment and national tered service in 1986, was not used in the Gulf part of the ‘‘triad’’ of nuclear forces, but military strategy. We also have a weapon War because of conventional mission defi- their flexibility also allowed them to also system—the B–2—which is now in production ciencies. Moreover, its upgrade program has conduct conventional bombing missions in and if produced in substantial quantities, been so stretched out that a 20-year gap be- three separate conflicts (Korea, Vietnam, could revitalize and sustain that force. Yet tween deployment and conventional upgrade and Desert Storm). We believe that modern the DoD has consistently opposed continued is entirely likely (leaving only 10 years of ex- long-range bombers will be of increasing B–2 production. pected system life until planned retirement). value in the coming decades. Many of the Our analysis addresses this contradiction The B–2 fleet, which had been planned for 132 reasons are spelled out in the recent Quad- to help the Congress make a vital decision aircraft as late as 1990, was capped at 20 rennial Defense Review (QDR), which pro- over the future of the bomber force. We first planes in 1992, with little Air Force dissent. vides a useful overview of the future security examine the planned future of the bomber Even more remarkable, the Air Force has ac- environment and national military strategy. force, its role in supporting U.S. national se- tively resisted efforts by Congress to author- Through 2015, the QDR postulates that the curity, and the revolutionary potential of- ize production of additional B–2s. USAF lead- United States will face a variety of regional fered by the B–2. We then examine the ers have even gone so far as to exclude bomb- dangers and ‘‘foremost amongst these is the sources of Pentagon opposition and how this ers from their ‘‘wish list’’ of desired but threat of coercion and largescale, cross bor- opposition has manifested itself in the recent unbudgeted items supplied to Congress every der aggression against U.S. allies and friends series of studies the DoD has put forth to the year. In 1996, for example, the Air Force in- in key regions by hostile states with signifi- Congress. We then offer a set of rec- cluded requests for re-engineering the RC–135 cant military power.’’ Beyond 2015, a ‘‘near- ommendations regarding legislation. and the AWACS, and production of addi- peer’’ global competitor could also emerge. June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4177

The QDR posits that three elements—shap- nally, as explained below, bombers, though tle group; and about 1⁄4 that of a heavy divi- ing, responding, and preparing—define U.S. expensive when viewed on a per-unit basis, sion.2 defense strategy. But boiled down to essen- are extremely cost-effective compared to Personnel issues are related to casualty tials, the QDR observed that the ‘‘primary other force elements. considerations, which typically play a criti- purpose of U.S. forces is to deter and defeat Bombers like the B–52, B–1B, and B–2 typi- cal role in crisis decision-making (and ac- the threat of organized violence against the cally feature unrefueled ranges and payloads cordingly should also play an equally impor- United States and its interests.’’ If deter- 5–10 times greater than fighters. Long range tant role in determining what sorts of forces rence fails, ‘‘the high end of the crisis con- is a vital attribute for the new security era. the nation should invest in). Bombers from tinuum is fighting and winning major thea- Long range allows bombers to respond more this standpoint also are very attractive as- ter wars. This mission is the most stressing rapidly than any other force element—from sets, since they only place a small number of requirement for the U.S. military.’’ the CONUS if necessary—in the case of sur- people in harm’s way. For example, deploy- The QDR offered a strong rationale for the prise aggression. Long range provides strate- ing a wing of fighters to a theater base can need to deal with two near simultaneous re- gic agility; bombers can shift firepower from put 2,500 people or more at risk; a carrier gional conflicts. And in fighting such wars, one theater to another. Long range also al- battle group up to 10,000 people; a division the QDR strategy stated that two aspects de- lows bombers to fight from beyond the range 15,000 or more. Each member of these units is served special attention—(1) stopping the of adversary weapons, which will be of in- at risk to attack by enemy weapons. A enemy advance as quickly as possible; and (2) creasing importance as weapons of mass de- chemical warhead delivered by a ballistic dealing with the ‘‘likely conditions’’ that fu- struction proliferate. In the Gulf War, for ex- missile against a theater airbase or deployed ture wars will involve ‘‘the threat or use of ample, Iraqi missiles in development or serv- division has the potential to kill thousands; chemical and biological weapons (CBW) * ** ice outranged all of our land-based and sea- as would a strike by a sea-skimming cruise including in the early stages of war to dis- based fighter aircraft (whose operating loca- missile against an aircraft carrier. In con- rupt U.S. operations and logistics.’’ 1 Forces tions were thus at risk). And just as long trast, the 1,300 personnel associated with a best able to halt aggressors armed with range provides a sanctuary to the bomber bomber wing would typically be operating weapons of mass destruction, then, should force, it denies any sanctuary to the enemy, from bases well beyond the strike range of logically enjoy highest priority. who cannot base assets outside the reach of an adversary, thus exposing the lives of the We would add that forces capable of exe- bombers. Finally, long range also greatly ex- aircrew only. cuting this operation independent of theater pands the number of basing options available In this same light we should also recognize bases and under conditions of surprise would to the force should we wish to deploy the the nuclear capability of the bomber force. If be of even greater value. A range of powerful bomber force forward to signal resolve (and American theater forces were to be attacked increase sortie rates). The longer the range, foreign and economic pressures will inevi- by weapons of mass destruction—and par- the greater the number of potential bases tably cause a further contraction in the U.S. ticularly if they were attacked by nuclear that are available, and the greater the num- overseas basing infrastructure and forward- weapons—there are compelling reasons why ber of countries available for negotiating ac- based force levels. Indeed, planners should the United States might have to reply in cess to bases. also assume that we will be taken by sur- kind. Bombers are the weapon of choice for The large payload of bombers allows a prise in future conflicts; this was highlighted nuclear response because the weapons re- small number of aircraft to assume a dis- in the 1993 Bottom Up Review and is the rec- main under strict human control up to the proportionate amount of the warfighting ommendation of all analysts who have stud- very moment of launch near the target, and burden. In Vietnam, for example, the bomber ied surprise attack in any detail. The wis- because the variable payload of the bomber force comprised on average only 7 percent of dom of such a policy can be seen in the 1990 gives it the widest possible variety of weapon the force and delivered 44% of the bomb ton- invasion of Kuwait and the two recent crises delivery options. Moreover, since strategic nage. In the Gulf War, the B–52 force only with Iraq (October 1994 and September 1996), arms control with the former Soviet Union represented 4% of the force, but delivered all of which took us by surprise. The lessons and with Russia strictly limits the size of 32% of the bomb tonnage (more than twice as from the two more recent crises are particu- our nuclear arsenal, bombers could be used much as the entire carrier force combined). in counter-strikes without depleting our far larly relevant. Previously, a primary virtue of these mas- more limited, single-use ICBM and SLBM as- In 1994, Iraq rapidly mobilized forces near sive bomber payloads was their shattering sets. Inasmuch as our plans must hedge the frontier with Kuwait. Despite intensive psychological effect on enemy forces; in the against the eventual emergence of a ‘‘near- intelligence focus on Iraq since the Gulf War, Gulf War, for example, General Schwarzkopf peer’’ competitor, preservation of our re- we not only failed to recognize this buildup drew on his Vietnam experience with B–52 maining nuclear forces is a relevant consid- early on, but also were unable to deploy suf- strikes to demand that Iraqi forces be ex- eration. Looking to the longer term, and un- ficient forces until well after Iraq was in a posed to the same kinds of heavy bombard- derstanding that no other nuclear-capable strong position to attack. According to the ments which had proven so devastating to delivery systems are in production or Joint Chiefs of Staff, the United States and North Vietnamese forces. In future wars, the planned, the bomber’s dual capability (both its allies faced at least a 2–3 day ‘‘window of advent of precision weapons will allow bomb- conventional and nuclear) would allow a vulnerability’’ through which Iraq could ers to accurately strike many different tar- strengthened bomber force to sustain the na- have invaded Kuwait and possibly threatened gets on a single sortie, which dramatically tion’s nuclear capability as other nuclear the Saudi oil fields. increases the bomber’s value to the force elements inevitably age and retire.3 In September of 1996, Iraq mobilized forces warfighting commander. The Gulf War illus- Overall, bombers appear uniquely well- in its northern areas and pressed an attack trated the revolution afforded by precision, suited to satisfy America’s strategic require- into the Kurdish ‘‘safe haven.’’ Once again which increases air power’s lethality by sev- ments in the future security environment. we were taken by surprise. Worse yet, for eral orders of magnitude compared to various reasons all members of the Gulf War unguided weapons. IV. SPECIFIC ADVANTAGES OF THE B–2 Coalition denied immediate access to their In an era of declining budgets, the nation In looking at the bomber force, we need to bases for combat operations against Iraq, must procure the most cost-effective weap- discuss one additional, but revolutionary leaving our land-based fighters on the scene ons possible. The ability to deliver large pay- characteristic that the B–2 brings to the without suitable bases from which to strike loads of precision weapons makes each bomber force: stealth. Stealth shrinks the ef- the invading force. Carrier-based fighters lo- bomber sortie extremely effective; the low fective detection distance of a variety of sen- cated in the Gulf apparently did not possess life-cycle cost of bombers (compared to other sors, particularly radar, and the basic phys- the range to reach the scene of combat and force elements) makes them extremely cost- ics involved in this set of technologies ar- the lack of stealthy carrier-based assets effective. Bombers are very expensive weap- gues against the development of effective af- raised survivability concerns. In the end, we on systems; producing a new B–2 costs about fordable counters. The B–2 thus combines were reduced to largely symbolic strikes $1 billion, roughly the cost of a DDG–51 de- four key characteristics—range, payload, against Iraqi air defenses in the south using stroyer. But like warships, bombers enjoy stealth, and precision—in one platform. ill-suited cruise missiles launched from ships long useful service lives and can operate ef- Range, payload, and precision allow a single and B–52 bombers. Iraq was free to do as it fectively for three decades or more; the ini- B–2 sortie to strike with the effectiveness of wished in the north. tial investment in the force is thus spread multiple fighter sorties; stealth opens the The lessons of these two crises in combina- over many more years than most other sys- door to a military revolution. tion with the evolving security context re- tems. In addition, bombers are not people-in- The traditional operational style that we veal that bombers are ideally suited for the tensive to operate. Personnel costs are typi- have developed for the employment of air new era. They are the only force element ca- cally a driving force in determining life- power relies upon large force packages to pable of stopping surprise enemy aggression cycle costs for military forces. The annual suppress enemy air defenses and shoot down while operating outside the range of theater personnel costs of a B–2 wing are about half enemy fighters. Stealth reduces the need for weapons of mass destruction. They do not re- that of a fighter wing and substantially less such support packages, which has a number quire bases in the immediate combat theater than that of an aircraft carrier or division. of important effects. First, it greatly in- (which also has the benefit of minimizing the Overall, a B–2 wing’s 35 year life-cycle cost creases the cost-effectiveness of stealth plat- number of Americans placed at risk). Fi- (that is, total personnel, operations, and pro- forms. Analysis conducted for the Commis- curement cost) is about the same as a fighter sion on Roles and Missions (CORM) showed Footnotes at end. wing; about 1⁄3 that of an aircraft carrier bat- that the 42 F–117 sorties (which combined H4178 CONGRESSIONAL RECORD — HOUSE June 23, 1997 both stealth and precision capabilities) flown a substantial force of B–2s could have made gets at least as accurately as fighters. Their on the opening night of the Gulf War were al- an enormous difference in the Iraq crisis of skepticism is reinforced by intense personal most equivalent in terms of target coverage 1994 and 1996. attachment to fighters and fighter oper- to the rest of the land-based air-strike forces The first job of the American military is to ations. At a time when the Air Force budget combined.4 Another way to look at this is provide our political leadership with tools has been in decline for more than a decade that each F–117 sortie was worth 16 non- for deterrence and coercion so the nation and so many fighters are on the verge of re- stealth sorties.5 The Air Force illustrated does not need for fight wars. Preventing wars tirement, accepting the B–2 revolution might this same point after the Gulf War by show- is far superior to fighting wars. A substan- in their minds mean cutting fighter procure- ing that one or two B–2s can do the job of 60 tial force of B–2s would have a unique con- ment programs. It might also mean accept- fighters and 15 tankers.6 This greatly reduces ventional deterrent capability. As two noted ing an entirely new approach to warfare in the costs of executing the mission; according scholars of deterrence have written: which the fighter sometimes might not even to CORM analysis of the Air Force data, a B– ‘‘If U.S. national military strategy is de- be relevant, let alone the dominant air in- 2 would be seven times more cost-effective signed with regional deterrence in mind, for- strument. Thus the number of fighter air- than the 75-aircraft force package.7 ward presence and/or rapid crisis response craft, fighter squadrons and wings—ulti- Stealth enables appropriately configured become key elements in this strategy. . . . mately fighter pilots could be substantially B–2s the potential to operate autonomously, Optimally, this . . . means stationing all the reduced. which places this aircraft in a totally dif- forces necessary between the adversary and It is crucial to understand the USAF ferent category than the B–52 and B–1B. his objective, but even the United States ‘‘fighter opposition’’ to the B–2 is well mean- These older bombers must be supported with lacks the resources to meet such a require- ing. Everyone, Air Force officers included, theater-based fighters until enemy air de- ment in more than a few cases simulta- have a powerful human tendency to trust in fenses are eliminated or equipped with ex- neously. Therefore, strong incentive exists what they know, in what they have invested pensive cruise missiles that can be fired from for the United States to explore capabilities their careers, and in what has worked in the outside the range of enemy air defenses. De- that . . . are so rapidly deployable into an past. For the current Air Force leadership, pendence on land-based fighters makes the area as to be ‘virtually’ stationed there. 9 this means a strong predisposition to trust non-stealthy bombers dependent on the Unit- This is the potential capability offered by in fighters. ed States gaining base access in a timely the B–2. And that is the potential vision that The failure of the bomber revolution to manner and raises a whole host of political the Pentagon is turning its back on my mak- succeed in the Air Force precluded any possi- and operational constraints. Cruise missiles, ing the fundamental strategic choice to rely bility of wider acceptance in the Pentagon. though valuable, suffer from a variety of on short-range fighter aviation. The inevitable consequence of an expanded operational constraints (targeting flexibil- V. WHY DOES THE PENTAGON OPPOSE ity, ability to deal with relocatable targets, role for bombers is an expanded bomber warhead size, etc.) and are too expensive to ADDITIONAL B–2S? budget, and the new funds could come only rely on to fight a sustained conflict (the con- If additional B–2 bombers could make a by diversion from other existing military ac- ventional Air Launched Cruise Missile car- revolutionary contribution, why does the counts. More bluntly, for bombers to receive ried by the B–52 force, for example, is over Pentagon oppose them? Basic principles of increased funding, the non-bomber Air 100 time more expensive than a Joint Direct bureaucratic politics go far in explaining the Force, the Army, the Navy, and Marines be- Attack Munition delivered by a B–2). Pentagon’s position. We believe there is such lieves they may have to accept less. If the This autonomous capability puts the B–2 strong opposition to the B–2 precisely be- Air Force has not yet accepted changes in in an entirely new class as of weapon system. cause it is so revolutionary—because sup- air power strategy implicit in the B–2, how It is truly the nation’s only ‘‘modern’’ bomb- porting the B–2 would imply far reaching much more would the Navy and Army refuse er and the nation’s only global precision changes in core organizational interests, the even greater changes which a revolution- strike asset. Indeed, we believe that the B–2 such as manpower, budget roles, missions, ary bomber force would mean for broader na- has the potential to revolutionize this na- and autonomy. It is helpful to begin with the tional military strategy, and hence for their tion’s very approach to strategy making and perspective of the service that develops the budgets? force structuring. As General Michael Loh, B–2. The Army continues to maintain its tradi- then the commander of Air Combat Com- The B–2 is an Air Force system and one tional view that the decisive battles of any mand, stated in late 1994: ‘‘I see the B–2 as might imagine that the Air Force would be war are fought on the ground. Victory is the centerpiece of an emerging national se- predisposed to support is continued produc- achieved through mass troop deployments curity strategy that places increasing impor- tion and improvement. The oppose is true. In and close-in engagements, with the Air tance on projecting immediate, responsive any large bureaucracy, interests and pro- Force providing ‘‘support.’’ If the Air Force power from the U.S. to a regional crisis any- grams tend to be identified with a particular doesn’t believe in long-range strike, arguing where in the world. The B–2’s qualities of organizational entity or bureaucracy. His- instead for the importance of air superiority range, payload, stealth, and sense of imme- torically, Strategic Air Command (SAC) was and the primacy of air-to-air platforms, one diacy are uniquely applicable to be the cen- the heart and strength of bomber advocacy certainly can not expect the Army to believe terpiece of this strategy.’’ in the Air Force. Through the 1960s and into that air power has become the decisive com- A substantial force of B–2s would allow the the 1970s, SAC influence in the Air Force bat arm (with the army providing ‘‘support’’ United States to project overwhelming and R&D and procurement budgets. Accordingly, in consolidating the victory). An Air Force decisive power against any adversary any- ‘‘bomber generals’’ often held top service po- dedicated to air superiority and strikes near where on the planet. To put matters in per- sitions. the forward edge of battle will remain dedi- spective, the addition of one more B–2 squad- When SAC and Tactical Air Command cated to supporting the army. ron (8 operational aircraft) would give the B– (TAC) were nominally ‘‘merged’’ into Air In like manner, the Navy continues to be- 2 force sufficient punch to strike the same Combat Command in 1992, it was in reality lieve that ‘‘presence’’ in an irreducible Navy number of aimpoints as those targeted by much more akin to a hostile corporate take- mission, and that carriers will generally be over 1,200 combat aircraft over the first 24 over: TAC absorbed SAC. With the dissolu- first on the scene and first to fight in any hours of the Gulf War. Clearly, procuring tion of SAC, the institutional foundation for theater conflict. The Navy has no reason to even greater numbers would open up new bombers disintegrated. Consequently, bomb- relinquish this view so long as the Air Force strategic avenues. As former Air Force Sec- er advocacy within the Air Force has vir- insists on making war with fighter assets retary Dr. Donald Rice has written, such a tually collapsed, and no funds have been that take weeks to months to deploy, and so force would ‘‘allow the nation to seize this budgeted to support any major new bomber long as the bomber force is so small and fee- rarest of opportunities: a revolutionary leap program. Furthermore, as in the corporate ble that it provides no meaningful alter- in military capability, and with it, long term world, management personnel from the leas- native for performing ‘‘carrier missions.’’ global military pre-eminence—American ing entity discovered that they had little And the Navy is right. Unless the Air Force style.’’ 8 No nation could confidently launch power. In the words of retired Air Force Gen- builds more bombers and changes its strat- an armored assault on its neighbors. No dic- eral Chuck Horner, bomber-oriented officers egy, the Navy must continue to have full re- tator could think that his most prized stra- have been ‘‘funneled out of the Air Force. 10 sponsibility for fulfilling all of its tradi- tegic assets were immune to attack. No tar- Today the top service positions are typically tional missions. get would be more than a few hours away held by ‘‘fighter generals,’’ with hardly a Seen from this perspective there is in fact from attack. No defense could be counted on bomber general to be found. an inter-service consensus on which to resist to protect key targets. In response to height- The roots of ‘‘fighter’’ opposition to the the B–2 revolution. An Air Force that be- ened tensions, the mere possession of a sub- bomber force are complex. First, many offi- lieves in applying air power using short- stantial force of B–2s could provide a new cers with predominantly fighter backgrounds range fighters must have forward access, for- way to manage crises. Instead of going simply do not believe that the B–2 can per- ward basing, and extensive logistical sup- through the complex and risky steps of gain- form as advertised. Having served all their port. This in turn requires a massive ground ing base access, deploying forces, and esca- lives in an Air Force where bombers were ba- presence, and inherently perpetuates a lating tensions, the President could simply sically old, vulnerable and obsolete, they ground-warfare strategy. It also requires a order B–2s in the United States to be placed find it difficult to accept that the B–2 is dif- massive sea-borne logistical tail, inherently on higher alert. Even under the prevailing ferent—that it can truly penetrate safety perpetuating traditional navy views on sea conditions of surprise and base access denial, through defenses, or that it can strike tar- control and sea power. June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4179 Overall the bomber force and the B–2 in by Dr. Glenn Buchan, a distinguished and ex- argue that it would make more sense to in- particular has suffered from two major prob- perienced bomber analyst at the RAND Cor- vest in jet fuel stocks rather than fighter lems. First, it has lost any institutional, bu- poration, aircraft, since sufficient jet fuel is needed to reaucratic advocate with the demise of Stra- ‘‘The fundamental problem with the heavy make the force more effective. tegic Air Command. Support for the B–2 bomber study is . . . whoever framed the What the study should have looked at was means that something else must suffer—and study cooked the books. They allowed a set how an additional buy of B–2s compared to no institutional champion or leader has of assumptions that led to a preordained out- buys of other planned force elements. But emerged to lead that struggle. Second, sup- come by essentially ruling out all the things this is something the Pentagon resisted. port for the B–2 inherently means recogni- that would have led them to other re- Simply discussing the tradeoffs ended up tion of a revolutionary new form of warfare sults.’’ 12 causing such internal friction in the Penta- which threatens all other services and non- Buchan also noted that once the assump- gon that the topic was removed from the bomber interest groups. Affirming the B–2 tions were laid out, study. An unbiased analysis would quickly ultimately implies major changes in strat- ‘‘one could have concluded in somewhere illustrate the B–2’s superior cost-effective- egy, in service budget shares, in service size between 30 seconds and, perhaps if one were ness compared to other planned (and pre- and manpower, and in strongly held personal very careful and thoughtful, two or three ferred) force elements—and thus would convictions. United Pentagon opposition to minutes, how this was going to come out, throw the careful balance of interests in the the B–2 is thus perfectly understandable. not necessarily having to go through all the Department into disarray. computer runs and all the analysis.’’ 13 VI. THE PENTAGON STUDIES THE 1995 BOMBER INDUSTRIAL CAPABILITIES The Heavy Bomber Study assumed the fol- STUDY Understanding the institutional resistance lowing scenario as its base case. The United to the B–2 within the Pentagon helps shed States would receive approximately two The Bomber Industrial Capabilities Study light on the recommendations of three stud- weeks of strategic warning. Acting imme- was directed by Congress, chartered by the ies recently conducted by the DoD on the B– diately on this warning, the United States DOD, and conducted by The Analytic 2. These studies were not done willingly. The would have these two weeks to deploy large Sciences Corporation (TASC). The study con- triggering event was congressional legisla- numbers of fighters and aircraft carriers to cluded that additional B–2 production was tion in 1994 mandating that the Pentagon the theater (without encountering any base not necessary to maintain the bomber indus- prepare an evaluation of the adequacy of the access or logistical support problems). The trial base because, with enough time and nation’s bomber force. This action resulted enemy, having watched and waited as the money, we could eventually recreate the ca- in the three DoD studies that are evaluated U.S. deployed overwhelming force into the pability to build B–2s in the future. Eliminating time and money from consid- below: (1) the DoD’s 1995 Heavy Bomber theater (at unprecedented rates) would then eration avoids the dominant real world is- Force Study; (2) the 1995 Heavy Bomber In- attack anyway. American fighters would sues. Obviously, with enough time and dustrial Capabilities Study; and (3) the 1997 then fly at sortie rates far beyond those money, we can recreate anything. The real Quadrennial Defense Review’s study of the achieved during the Gulf War to defeat these question is: how much time and money com- B–2 issue. In addition, we examined one addi- enemy forces. tional study conducted by the staff of the To the thousands of fighters in combat, the pared to the option under consideration by Commission on Roles and Missions (CORM), analysts then added 20 additional B–2s to Congress—continued production. On that entitled Future Bomber Force. planned bomber force (for a total of 40 B–2s). question, the industrial base study was en- In examining the DoD studies, we would Using a land war simulation, the analysts tirely silent. Although used to validate the decision like to emphasize two points. First, the stud- then assessed the impact of the additional B– against more B–2s, the TASC industrial ies studiously ignored the fundamental stra- 2s (which were flown at lower sortie rates study provides critical strategic data. The tegic choice at hand: should we maintain a than that achieved by B–52s in the Gulf War) dominant Pentagon argument against the B– bomber force or go to a force structure based on the overall campaign. In other words, the 2 is affordability. Yet their own industrial primarily on short-range air power? Second, capabilities of 20 B–2s, an approximately $25 study estimates that building a new bomber in formulating scenario and modeling as- billion investment over the next two dec- type, a B–3, could easily cost in excess of $35 sumptions (which inherently drive study ades, were compared to those of a force billion for research and development alone outcomes) the analysts had to go to extreme structure costing about $5 trillion over the (with unit flyaway costs about the same as a lengths to ensure that study results sup- same period. As Dr. Paul Kaminski, the B–2) and raised questions about the afford- ported the status quo and recommend study leader, observed in his briefing: ability of such a program. If building more against additional B–2s. ‘‘. . . we have ten times more tactical air- Our overall assessment of the DoD studies B–2s—with research and design already com- craft than bombers. . . . After everything is that Pentagon politics took precedence plete—is too expensive, then certainly the has arrived, the bomber results get lost in over analytical objectivity and national se- cost of a B–3 is prohibitive. Deciding against the overall aggregate.’’ 14 curity concerns. The basic problem with the The conclusion of the study was that the B–2 production is therefore a de facto deci- Pentagon studies is that they fly in the face planned bomber force could meet all de- sion against any future bomber production. of common sense. The following seems to be mands ‘‘for anticipated scenarios and reason- It is a strategic decision to abandon the an appropriate analogy for the current situa- able excursions.’’ But testimony revealed bomber force. tion. We must plan to face an adversary that the excursions were carefully scripted. THE QUADRENNIAL DEFENSE REVIEW AND THE armed with a sawed off shotgun (a metaphor For example, one scenario was supposed to 1997 B–2 STUDY for weapons of mass destruction). Given a look at the effects of a no tactical air power Congress clearly had little confidence in choice between short-range pistols and long- case—that is, if we encountered difficulties the preceding Pentagon analyses, and in 1995 range rifles, the Pentagon studies try to in deploying fighters or were concerned that appropriated funds to resume B–2 produc- argue that pistols are preferable, even an adversary might strike our bases or car- tion. In February 1996, President Clinton or- though this choice requires that we move riers with weapons of mass destruction. But dered these funds spent on bringing the within shotgun range to shoot the adversary. it was revealed in testimony that through original test B–2 (Air Vehicle 1) up to oper- We believe that striking the enemy promptly some unexplained development, a wing of ational configuration. In addition, and at and accurately from a distance is the better fighters were always assumed present to sup- Congress’ behest, he ordered the Pentagon to choice in many scenarios, particularly since port B–52 and B–1B bombers. What would once again re-examine the B–2 issue. This it appears the long-range option is cheaper happen if those fighters weren’t there? This time, the Pentagon was to compare the B–2’s over the long term. case, dismissed as ‘‘unreasonable’’, was never cost-effectiveness to that of other deep at- The 1995 Heavy Bomber Force Study and considered. tack systems. The absence of such a cost-ef- its industrial base counterpart were care- Moreover, results that showed the B–2 in a fectiveness comparison was widely viewed by fully constructed to come up with the de- favorable light were never considered in the critics as one of the 1995 Heavy Bomber sired answer (no additional B–2s required). decision-making process. For example, in Study’s major failings. The CORM bomber study came up with the testimony to the Senate Armed Services The Pentagon, though receiving this direc- wrong answer (additional B–2s are very at- Committee, Senator Sam Nunn asked Dr. tion in February 1996, conducted no specific tractive) and was quietly shuffled aside. The Kaminski about the likely results if the U.S. B–2 analysis until March 1997. Over the space 1997 study initially came up with the wrong was taken by surprise and theater access was of several weeks, analysts from the Joint answer (additional B–2s was the most cost-ef- a problem. Kaminski replied: ‘‘Then I am Staff, OSD, and the Institute for Defense fective option available), and was reshaped going to need a lot more bombers than I have Analyses—the same group that conducted to provide the desired answer (no more B–2s in the current force.’’ But this conclusion the 1995 bomber force study—ran their com- required). was never incorporated into the study rec- puter models and developed a summary THE 1995 HEAVY BOMBER STUDY ommendations. briefing. The analytic results of this study The 1995 Heavy Bomber Study was con- The second major conclusion of the study obviously caused alarm bells among the Pen- ducted by the OSD, the Joint Staff, and the was that it would be more cost-effective to tagon hierarchy. Simply put, the results Institute for Defense Analyses.11 Following invest in additional munitions, not addi- showed that B–2s were more cost-effective its chilly reception in Congress, the Depart- tional B–2s, since additional weapons in- than any other force element. ment has so far proven reluctant to publish creased overall force effectiveness. This is an Before proceeding further, let us examine a final scripted report of the study. As noted odd argument. By the same logic, one could the analysis. Four scenarios were developed: H4180 CONGRESSIONAL RECORD — HOUSE June 23, 1997 a two conflict scenario with warning (allow- was found in the ‘‘capability gap’’ charts, forces. However, it did so using simple ing time for deployment), a similar scenario which emerged as the centerpiece of the ar- ‘‘spreadsheet’’ calculations instead of com- with short warning, a similar scenario with guments used against the B–2 since the quan- plex computer simulations. Most signifi- short warning and base-access problems; and titative results had proven so problematic. cantly, Future Bomber Force was the only a two conflict scenario with warning where Here, the Pentagon claimed that retiring a bomber study to show a grasp of the revolu- one of the conflicts featured a ‘‘near peer’’ single aircraft carrier, for example, would tionary potential offered by the B–2. Listed competitor. greatly reduce the nation’s capability to do below is its ‘‘Summary of Findings’’: The Pentagon then assumed the immediate drug interdiction, peace enforcement, anti- retirement of the following forces: 2 fighter ship warfare, the sea control, among others. ‘‘The synergy of advanced munitions with wings (plus 10 percent of Marine air); 4 fight- Similar claims were made for the retirement the range and payload of long-range bombers er wings (plus 20 percent respectively of Ma- of fighter wings. This line of argument raises may be more important to the Department rine air); 2 carriers and their air wings more questions than it answers. First, the of Defense in the years ahead than at any (though not the entire battle group); 3 car- ‘‘capabilities’’ were completely undefined time during the Cold War. Combined with riers and their air wings; and all the B–1Bs. and the B–2s unjustifiably excluded as poten- the stealth of the B–2, precision munitions With the funds freed up by these individual tial contributors. Why couldn’t the B–2s con- with long-range bombers have the potential retirements over the next 20 years, the study tribute to some of these missions? For exam- to provide key capabilities not available then looked at how many B–2s could be pur- ple, B–2s could destroy drug manufacturing from any other forces to meet critical future chased. In general, retiring a carrier would facilities with precision bombs, provide sea national security requirements. Specifically, allow the purchase of 12–14 B–2s; a fighter surveillance, or fire anti-shipping missiles to these capabilities include: wing about 8–12 B–2s. assist in sea control. Second, it is unclear ‘‘The potential to halt an armored force in Using a complex computer simulation, the that a small reduction in the total force a matter of days from long-range; the ability analysts then looked at how many B–2s were would have any effect on these missions. In- to survivably operate against an enemy from needed to replace the various retired force deed, but a small fraction of the force would beyond reach of enemy weapons (particularly be required to fly a few ‘‘drug interdiction’’ elements in each of the four scenarios. In al- missiles armed with weapons of mass de- missions. Third, and most important, the most every case, savings enabled more B–2s struction); guaranteed responsiveness—inde- to be purchased than were required to re- missions selected are hardly core missions. pendent from forward basing or carrier place the retired systems’ military capabil- What is more important, conducting drug prepositioning; the ability to achieve strate- ity in the conflict scenarios. In other words, interdiction or preventing the seizure of the gic or operational surprise quickly, imposing B–2s proved more cost-effective than the Persian Gulf oil fields? What the Pentagon wide-spread attack and paralysis upon an ag- planned forces. was trying to obfuscate was the fact that the These were not the desired answers. What B–2 was more cost-effective than the planned gressor with minimum exposure of friendly the analysis showed in general was that very forces in fighting major theater wars. And personnel; the ability to swing survivable small numbers of B–2s could potentially re- that was an unacceptable answer. and effective force from one MRC to another place large groups of planned—and thus pre- The clearest illustration of the bias inher- rapidly; the psychological impact of strike ferred—forces (such as the entire B–1B fleet). ent in the 1997 study can be found in a closer without notice; the ability to induce enough And the cost of those B–2s was substantially examination of the ‘‘capability gap’’ issue. uncertainty in a potential aggressor to deter less than the forces they were replacing. In Specifically, not a single chart was dedicated hostile activity conventionally while the the wrong hands, these results could be used to highlighting the capabilities currently U.S. is militarily engaged elsewhere; and to argue that a B–2-based force structure missing from the current and planned force greatly reduced support assets, personnel, could support U.S. national security at lower that would be generated by expanding the B– and basing requirements to achieve equiva- budget levels—exactly what had been pre- 2 fleet. For example, we currently cannot lent effects with non-stealth and/or smaller dicted by B–2 supporters in Congress after halt a large-scale armored assault without payload, shorter range aircraft.’’ the Heavy Bomber Study debacle. Accord- tactical air forces in-theater prior to the VII. CONCLUSIONS AND RECOMMENDATIONS ingly, arguments were developed to counter outbreak of hostilities. How do we plan to do these results. so in the case of a surprise attack? How do Our review of the bomber issue concludes One tactic was to break up the warfighting we plan on conducting a large-scale pre- that current plans for the long-range air results into two phases: (1) the halt phase; emptive strike against an adversary’s facili- power force are woefully deficient. We be- and (2) the counter-offensive. The halt ties for producing weapons of mass destruc- lieve that the nation’s long-range air power phase—the period during which U.S. forces tion? How do we plan on deploying forces in capabilities will be more important in the would stop an enemy offensive—was high- the face of chemical and biological attack— future than they have been in the past. In- something the QDR says should be assumed? lighted by the QDR strategy as being ex- deed, the changing shape of the security en- How do we plan on conducting a large-scale tremely crucial and the results once again vironment makes long-range air power ideal- pre-emptive strike against an adversary’s fa- showed the B–2s cost-effectiveness; very few ly suited to the protection of American secu- cilities for producing weapons of mass de- B–2s were needed to replace carriers, fight- rity interests in the decades ahead. More- struction? How do we plan on striking facili- ers, or B–1Bs. For the counter-offensive (that over, we believe that proper exploitation of is, the period when our ground forces had ties that lie outside fighter range, such as the B–2 could radically change the way in built up and had launched an offensive after terrorist camps in northwestern Iran? No- which we think about and employ military months of aerial bombardment), the analysts where in the briefing are the advantages of power, leading ultimately to a much more calculated the number of weapons each force an expanded B–2 fleet articulated, much less affordable and effective military posture. element could deliver compared to a cost- highlighted. How could the Pentagon adver- equivalent number of B–2s. These results tise this as an unbiased analysis if no consid- The only option for maintaining the viabil- showed that the other forces would be able eration was ever given to the formidable ad- ity of the bomber force over the long term is to deliver more weapons in a given period of vantages offered by the B–2? The lack of such to continue production of the B–2 stealth time (unlike the fighter forces, however, the consideration is the clearest evidence that bomber. Our review of the DoD’s studies in- B–2s were not allowed to deploy forward to the Pentagon planners preferred to stay dicates that the B–2 issue has become so cap- increase their sortie rates). rooted in the concepts and force structures tive to Pentagon bureaucratic politics that But the counter-offensive results really of the past—and not consider the future. the Department has made the wrong strate- showed how carefully the metrics had to be THE 1995 CORM BOMBER STUDY gic choice. By following the DoD’s rec- arranged to achieve the desired outcome. In 1994 legislation, the Congress also ap- ommendations, the bomber force itself be- Weapons delivery potential after we have pointed a Commission on Roles and Missions comes a wasted asset. The nation will be stopped the enemy advance, destroyed his (CORM). As one of their tasks, the CORM abandoning a weapon system that is becom- army, ripped apart his strategic infrastruc- was asked to provide an opinion on the size ing very cost-effective as precision weapons ture, chopped up his lines of communication, of the B–2 force. The CORM sidestepped this are introduced. This capability will become attacked his leadership, and destroyed his issue in their final report—only stating that increasingly vital to supporting U.S. na- air force and air defenses, hardly matters. if one believed the assumptions of the Heavy tional security in this very challenging new The issue of winning or losing is no longer in Bomber Force Study study, one could believe era. This is not the way to conduct rational doubt. Assuming performance in the its conclusions. But what the CORM staff did national security decision-making. By allow- counter-offensive to be as important as in conduct was a most interesting study—pri- ing organizational politics and short-term the halt phase contradicts the QDR strategy marily, it seems, because it was performed affordability concerns to dominate the B–2 that presents the halt phase as being abso- outside of the DOD’s influence. Future debate, we will turn our backs on the future. lutely vital to meeting national security ob- Bomber Force, however, was filed away until Moreover, we will risk U.S. national security jectives. In addition, if the analysis had used published by the Air Force Association in interests and the lives of thousands of young ton-miles as a metric instead of just tons, 1996. Americans. the B–2 would have proven superior. Ton- Future Bomber Force offered a fresh view miles, which is calculated by taking tons of of the B–2 issue. It was the only government We believe Pentagon opposition will even- weapons delivered times miles flown, is a study to provide empirical insights into the tually ameliorate once military planners useful measure because it incorporates the value of stealth technology. Like the QDR’s gain greater appreciation of the advantages important metric of range. quantitative results, it showed that B–2s offered by the B–2. But until that time, the However, the most revealing illustration of were the most cost-effective weapon system future of the bomber force and this revolu- the Pentagon’s orchestration of the results available when compared to other preferred tionary weapon system lies with Congress. June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4181 The situation is similar to that of the F–117 sponse to the gentleman from Washing- It is interesting that the second part in the 1980s. The Air Force insisted that a ton [Mr. DICKS], who just spoke. of this amendment has not been al- single squadron of these revolutionary air- Mr. Chairman, when the gentleman luded to, the $331 million that goes craft was all that was needed; Congress di- talked about conventional deterrents, elsewhere. I say to my colleagues that rected a doubling of the buy, an action that saved many American and allied lives in the it is not in the platform, it is in the the Senate in conference I think will Gulf War. Today, once again, only Congress weapons. And the weapons are standoff invade this budget for $331 million for can set in motion the steps needed to main- smart bombs and precision-guided mis- their programs because not one heli- tain production of the B–2. siles. Second, remember, we do not copter, not one truck, not one artillery Additional B–2s are affordable within have zero, we have 21 of these planes. I piece is singled out for these dollars. planned budgets. The Pentagon plans to in- think it is a flight into fantasy, it is a This Stealth B–2 bomber has a mis- crease procurement spending approximately bit of hyperbole to think if we jump sion, it has an important mission to 50% by 2001 and those funds should be spent from 21 to 30, the world will tremble. If fulfill the strategy set forth in the re- on the most cost-effective systems, such as additional B–2s. We make the following rec- that is the case and we cannot see the cent quadrennial defense review of ommendations: Stealth bomber, tell the world we have shaping, responding and preparing. In- Fund at a minimum one additional B–2 a thousand of them. They cannot see sofar as shaping the battlefield, the F– squadron (9 aircraft), but keep open the pos- it. How would they know? That would 117, the Stealth, did work. It had short sibility of increasing the production rate and really be a deterrent and we would save range. We had several air bases nearby. planned force size; a whole lot of money. And as time goes by, as already has Direct the Department of Defense to de- Mr. HUNTER. Mr. Chairman, I yield been mentioned, those will be fewer velop and provide to the Congress a five-year myself 30 seconds to respond to the procurement plan that contains a full fund- and fewer. This allows us to respond ing plan for one additional squadron of B–2s; comments of the gentleman from Cali- within hours rather than the days and and fornia [Mr. DELLUMS]. the weeks it takes to get fighter bomb- Hold a hearing to assess whether to re-es- The standoff weapons, Mr. Chairman, ers, to get aircraft carriers into posi- tablish an operational command in the Air are extremely expensive. They are over tion. We cannot count on local host Force dedicated to long-range strike, headed $1 million apiece. That is our air airfields. by a four star general, who can ensure that launch cruise missiles. In fact, closer Mr. Chairman, long-range air power bomber issues are given appropriate consid- to a million and a half apiece. That is will be more important than ever in eration in national security decision-mak- compared to $23,000 for the short-range the decades ahead. Consequently, we do ing. The fundamental strategic choice is up to weapons once your bomber has pene- not believe that a mere force of 21 B–2’s you in Congress. An enhanced bomber force trated. will satisfy foreseeable U.S. military centered on a larger B–2 fleet could make Mr. Chairman, we are sending out requirements. The changing shape, the revolutionary contributions to our national our Navy ships that have missile tubes security environment makes long- security. We urge you to take the steps nec- with no missiles in them because the range stealthy precision strike power essary to make sure that the opportunity af- Navy and the other services have not ideally suited to the protection of forded by the B–2—a better, more effective, bought enough missiles. It is difficult American security interest in the dec- and more affordable military—becomes re- to get these very expensive standoff ality. ades ahead and that the Nation’s long- weapons that the gentleman says we range air power capabilities will be FOOTNOTES are going to be buying. The smart buy more important in the future than 1 William S. Cohen, Report of the Quadrennial De- is the B–2 bomber. they have been in the past. fense Review, May 1997, p. 13. Mr. Chairman, I yield such time as he The B–2’s ability to strike independ- 2 See Charles Perry, et. al, Long-Range Bombers and the Role of Airpower in the New Century, Institute for may consume to the gentleman from ently within hours anywhere in the Foreign Policy Analysis, 1995, p. 57. Missouri [Mr. SKELTON], the ranking globe from bases in the United States 3 An expanded version of the ‘‘nuclear argument member of the subcommittee. leaves it uniquely well-suited among for bombers’’ can be found in Stephen Cambone and Mr. SKELTON. Mr. Chairman, I was Colin S. Gray, ‘‘The Role of Nuclear Forces in U.S. all U.S. force elements for dealing with National Security Strategy: Implications of the B–2 sorry to hear a few moments ago the unexpected challenges. And we have Bomber,’’ Comparative Strategy, 15:207–231, 1996. gentleman from Florida [Mr. FOLEY] had those in our history: Pearl Harbor, 4 Future Bomber Force, Commission on Roles and say this is not about the defense of our Kuwait. They are there. Missions, 1995, p. 3. 5 Ibid. country. It is about the defense of the The only realistic option for main- 6 ‘‘The Value of Stealth,’’ Headquarters, United young men and young women in uni- taining the viability of the long-range States Air Force, 1991. form, those who are on the firing line, stealthy precision strike force over the 7 See Future Bomber Force, Commission on Roles those who are nearing battle, those and Missions, 1995, p. 11. long-term is to continue production of 8 Donald B. Rice, ‘‘To B–2 or not B–2, That is the who may be called upon unless we have the B–2. The B–2 is there for a critical Question,’’ The Washington Times, November 5, 1995. a weapons system that slows down or national asset which is uniquely capa- 9 Ken Watman and Dean Wilkening, Regional Deter- stops the enemy. The question is asked ble of performing these vital missions. rence Strategies, RAND, 1995. 10 Charles Horner, ‘‘Unmatched Survivability,’’ The by my friend from California, who That is reality. That is reality, Mr. Washington Times, June 13, 1995. wants it? The young men and young Chairman. Being able to strike the 11 For a detailed assessment, see Kurt Guthe, A women on the ground want it. Talk to enemy promptly and accurately from a Precisely Guided Analytic Bomb: The Defense Depart- the young soldiers who saw the bom- distance is the best choice in many sce- ment’s Heavy Bomber Study, National Institute for Public Policy, September 1996. bardment and what the F–117’s did to narios, particularly since it is more ef- 12 Testimony to Military Procurement Subcommit- help them win in the Persian Gulf war. fective and less costly than other op- tee, House National Security Committee, September Mr. Chairman, this is an important tions when all costs are considered. 12, 1996. decision. It is not something we should 13 Cited in Kurt Guthe, A Precisely Guided Analytic Mr. Chairman, I urge a no vote on Bomb: The Defense Department’s Heavy Bomber Study, take lightly. We should also be very this amendment. National Institute for Public Policy, September careful in what we do this evening and Mr. HUNTER. Mr. Chairman, I yield 1996, p. 41. not do something against the interest 2 minutes to the gentleman from Cali- 14 DoD Special Briefing, May 1995. 15 Donald B. Rice, ‘‘To B–2 or not B–2, That is the of America. Often, historically, this fornia [Mr. CUNNINGHAM], Navy top Question ‘‘The Washington Times, November 5, 1995. Congress has done that. We should not gun, my seat mate from San Diego. Mr. HUNTER. Mr. Chairman, how step into that hole once begin. Mr. CUNNINGHAM. Mr. Chairman, much time do we have remaining? It is rather interesting that the re- Shoeless John Kasich, tell me it is not The CHAIRMAN. The gentleman play of something back in 1925, a cou- so. Tell me an individual who is a car- from California [Mr. DELLUMS] has 41⁄2 rageous Brigadier General by the name ing individual would send our men and minutes remaining, the gentleman of Billy Mitchell spoke openly and women off to combat. In Vietnam, we from Florida [Mr. FOLEY] has 71⁄2 min- forcefully for a bomber force. And here lost 10 percent of our bomber force in utes remaining, and the gentleman we are again, in 1997, saying the same 11 days, B–52s. And that is what we are from California [Mr. HUNTER] has 231⁄2 thing, only with a more sophisticated asking our kids to go forward in. Not minutes remaining. bomber force that has stealth, that has with standoff weapons, like the gen- Mr. DELLUMS. Mr. Chairman, I long range, that can save American tleman says, but our kids are going to yield myself 30 seconds to make a re- lives. die. H4182 CONGRESSIONAL RECORD — HOUSE June 23, 1997

Shoeless JOHN KASICH, put yourself in bile targets. We could not find mobile number of F–16’s that would have to be an airplane that is on fire, coming targets in Iraq. Here we were to fly canceled over the lifetime of this to down, not knowing if you are going to into the middle of the Soviet Union, in buy a weapon the Pentagon does not die or you are going to be a prisoner of the middle of a nuclear war. That is want? I know this in my career around war. I cannot tell my colleague, I have why the plane was designed. That was here. When the Pentagon wants some- been through that. And there is no its purpose. I was there when we first thing, we give it to them. And when Benson and Hedges in white scarf. heard about what its purpose was. Any the Pentagon does not want something, When they told my mom I was shot other new mission is a mission that we give it to them. down, they had to take her to the hos- was created here, in this House, by The simple fact is, is that my friend, pital; she had a nervous breakdown. some people who were concerned about the gentleman from California, I hold That is what we are talking about in national security and some people who in the highest regard. He is absolutely these families. And why, why the B–52 were concerned about jobs. I respect committed to a strong national defense in the first place? You take an F–22 that, but I do not support jobs bills and I salute him for it. And I salute a which the Air Force is going to escort coming out of the Federal Government. lot of my opponents on this issue. I a bomber in, the SU–27, the SU–35, and I used to fight them up here. Jobs are really do. I have high regard for the the SU–37, which Russia is shipping all to be created in the private sector. work that they do in the House. But over the country today, with its big That is why we are trying to balance this is really a matter of judgments radar, can knock down our airplanes. the budget and get lower interest rates. and a matter of priorities, not a matter That puts us inside the envelope when The simple fact of the matter is it of who is more for us to win and be ef- they shoot their AA–12, which outranks does not have a mission anymore. I will fective and provide for the security of and outflies our RAM. Our kids are suggest to Members that I was engaged our people. going to make it because the F–22 and in the negotiations with our Secretary We firmly believe that with the B–1’s, the B–2 get in undetected before the of Defense and with the people at the with the 21 B–2’s, and with B–52’s that MIG’s, and they are going to die in- Pentagon and we signed up to an agree- have not flown, that in fact there are stead of ours. ment, 20 planes. That is what they said appropriate missions for all of those bombers. Just this last week we de- b 1930 they needed. I talked with our former Secretary of Defense, Mr. Cheney, who feated additional D–5 missiles that go But put them there with a B–52 and said, contrary to any letter he signed, in the submarines, that are another that thing is going to illuminate the ‘‘I want 20.’’ We made an agreement to standoff weapon. The age of the future is about tech- whole sky. Everybody is going to know build 20. We are going to spend $44 bil- nology, and it is about air superiority, where your force is and they are going lion to buy 21 B–2’s. Every time I look and it is about mobility. But not nec- to attack it, and our kids are going to at the math, the math gets creative. essarily mobility as it relates to a die. We get creative math. ‘‘Well, the next Shoeless John Kasich, tell me it ain’t plane like the B–2, which the military set is going to cost less.’’ I know this. itself says does not fit in their plans so. Tell me that you would not put our Show me the money. The money is, for kids in harm’s way and put them out for mobility. The fact is we are going 21 planes, we spent $44 billion, and we to move into the next century. The there where they are not going to come will have 21 of these planes that will back. cold war is over, and the cold war relics function. that are associated with the cold war The gentleman from Florida says he Second, the bombers. The last time I have to be put in their place. supports the flag. I appreciate that. checked, the bombers worked pretty But we damn near died for the flag, and Do we have a hedge? Do we have a good in Iraq. In fact, the statement was hedge against some potential threats I do not want our kids to die coming it made the rubble bounce. They back in B–52’s and antiquated B–51’s, or out in the future? The answer is yes. worked well. But what we should not do is under- B–1’s. Give us a chance, Mr. Chairman. We need standoff weapons. If we want Mr. FOLEY. Mr. Chairman, I yield mine our ability to allow the Depart- to talk about putting people at risk, ment of Defense in working with the 71⁄2 minutes to the gentleman from why would we want to develop a sys- Congress to set the right priorities for Ohio [Mr. KASICH], the chairman of the tem where you fly over the enemy if the next century, to have a military Committee on the Budget. you can actually stand outside, away budget that right now cannot all be Mr. KASICH. Mr. Chairman, let me from the enemy, and destroy the same funded and not to stick another pro- just suggest to all the people that talk targets? The response to that is, ‘‘We gram in that costs $27 billion, that will about the fact that people’s lives are can’t afford those standoff weapons.’’ in fact undermine our ability to have being put at risk, I do not know wheth- Well, if we did not spend another $27 effective conventional weapons and our er my colleagues know it or not, but billion on a plane that the Pentagon ability to have a high state of readi- the military does not want this plane. does not want, maybe we could buy the ness for the American soldier and sail- They do not want it. If they wanted it, standoff weapons. The last time I or and airman. they would ask for it and they would checked, there was a big report that I would say to my colleagues, the de- make space for it. Why? Because they came out that said we had a severe bate is not over the 21 bombers. Mr. think there are other priorities that readiness problem that jeopardized the Chairman, I am not asking the House are going to protect people’s lives, that ability of the military to function ef- to kill the 21 B–2’s that cost the $44 bil- there are other requests that ought to fectively. In this bill, we have not sig- lion. I am asking the House to stay be honored, that are going to work to nificantly increased the amount of with the agreement. I am asking the save people in time of conflict. money for readiness. Some people House to reject the idea that we can af- By attacking the people who do not argue we cut it. There was a study that ford another $27 billion to buy addi- support buying more planes, and to just came out and said we were not tional B–2’s. somehow bring into question the fact ready. I am asking the House to cast a vote that there is some question about our I would suggest we take the $351 mil- for national security, for national de- commitment to the ability of the Unit- lion we have and put it into readiness, fense, and for the fighting men and ed States to succeed in war, is not just help the guard, the reserve. Help them. women, so that in fact we can be more to attack us but to attack the mili- Give them the money they need. The effective. Let us not undermine the tary, the Pentagon, the ones that fight fact is, is that passing more B–2 bomb- ability to win the wars and to pursue a the war. They do not want the plane. ers in my judgment undermines the good national security strategy by put- They do not want it because they do ability to have a strong national de- ting too many things in a bill that the not believe we can afford it and, frank- fense because it puts our money in the military itself says we do not need. ly, a number of them believe that it is wrong priority items. Mr. HUNTER. Mr. Chairman, I yield a cold war relic. I am a supporter of the F–22 for one myself such time as I may consume, The B–2 was built. Its purpose was to reason: Air superiority. We need it. I just to respond briefly to the remarks fly inside the Soviet Union in the mid- am for it. I believe in it. I believe in of the gentleman from Ohio [Mr. KA- dle of a nuclear war to hunt down mo- the F–16. Did my colleagues see the SICH]. June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4183 Mr. Chairman, first, the gentleman course of action given likely warfare mediately to pay for the additional B– from Ohio [Mr. KASICH], for whom I scenarios. Trading the B–2, a vital 2’s. Even then the savings from retiring have great respect, said the cold war is asset for all parts of our strategy, to the forces are not enough to offset the over and the B–2 is a cold war relic. fund reserve component accounts that large upfront investment for the B–2’s, The problem with the Soviet Union will be substantially reduced in the fu- and there would be a loss in war-fight- dissolving is they did not dissolve their ture does not make much sense. The ing capacity during the decade or more SAM production. That is surface-to-air question is not whether the B–2 does between when the outgoing forces were missiles. They are designed to do one what is promised, as some would have retired and all the B–2’s were delivered. thing, and that is kill American air- us believe, or whether other platforms Mr. Chairman, that alone ought to craft. That is how they shot down can do the same job, because B–2 per- tell my colleagues vote for this amend- Scott O’Grady over Bosnia. Basically a formance exceeds standards. We have ment. little batch of teenagers in uniform heard about its stealth, we have heard Mr. HUNTER. Mr. Chairman, I yield with 3 weeks’ training time in SAM about how it can meet the QDR re- 2 minutes to the gentleman from missiles delivered from the Soviet quirements of shape, respond and pre- Texas, Mr. SAM JOHNSON, former POW, Union, now Russia, were able to shoot pare. It is the only system that can fly great Thunderbird driver, and great down an American high-performance great distances, penetrate hostile air- pilot. aircraft. space and deliver massive amounts of Mr. SAM JOHNSON of Texas. Mr. Mr. Chairman, the red on this map of munitions on key targets with accept- Chairman, as my colleagues know, we the world denotes all of the nations able, even minimal, risks. forgot what we are here for, and that is that have SAM sites: Libya, Syria, During last week’s debate on the de- to protect the United States of Amer- North Korea, and China have lots of fense authorization bill, I repeatedly ica. The B–2 is expensive, but we know it is the only available system that can SAM sites. That means that if Ameri- stated my view that we can buy a bet- directly attack heavily defended areas cans drive nonstealth aircraft into ter defense for less money. We can. We anywhere in the world from the United those SAM sites as the gentleman from can and we must fund essential weap- States within hours. We do not have to California [Mr. CUNNINGHAM] said, a ons systems including long-lead fund- deploy, we do not have to escort, we do number of them are going to die. Sec- ing for 9 more B–2s. We can and we not have to create a big force. It means ond, the gentleman from Ohio [Mr. KA- must cut outmoded weapons systems that B–2 is likely to carry most of the SICH] should be happy to know that we and excess infrastructure. That is the have saved in the reform part of this burden in any war. right trade. The trade in this amend- budget according to CBO $15 billion To say that we have 21 and that ment is the wrong trade. over the next 5 years. That is enough should be enough is naive and dan- I urge a ‘‘no’’ vote. gerous. That number was kind of pulled according to CBO to purchase the $12 Mr. DELLUMS. Mr. Chairman, I billion buy of B–2’s and, once more, it out of the air anyway, I think. The yield 2 minutes to the distinguished is 1/35th of what we are going to spend gentleman from California, Mr. DUN- gentleman from Wisconsin [Mr. OBEY]. for short-range aircraft. CAN HUNTER, mentioned earlier that 10 Mr. OBEY. Mr. Chairman, this Mr. DICKS. Mr. Chairman, will the percent of our B–52’s missions were de- amendment cuts $331 million, a down gentleman yield? stroyed in Vietnam. Mr. HUNTER. I yield to the gen- payment on 9 B–2 bombers that we do I was in Vietnam. I was a POW there tleman from Washington. not need, and it moves the money to for nearly 7 years, and let me tell my Mr. DICKS. The gentleman from Ohio the guard and reserve. It is simply that colleagues something. I watched the [Mr. KASICH] says stealth does not mat- simple. But this is not about just $330 missiles fired around us until we ter. Stealth helped us win the gulf war. million. This will remove a $27 billion thought the sky was going to be like But this was after Saddam had already time bomb from the budget. daylight. It was night. I watched three grabbed Kuwait. We then blew him out b 1945 B–52’s get hit in the air. Do my col- of the ground, in essence, with the F– leagues know what? That airplane is In my view, this provision represents 117. What we are saying is with the B– old. It cannot get in anywhere without Congress at its very worst. It jams 2, we can stop him from getting Ku- getting hit. They exploded right there more weapons into this bill without wait. That is the big difference. in the air, right in front of my eyes, having any way to pay for those weap- Mr. HUNTER. The gentleman makes and I saw some of our countrymen die ons over the long term, it gives the a good point. Saddam Hussein gave us on the spot, burn to death, and those contractors the goodies that they have 6 months to build airfields and acquire that got out, bailed out, got to Earth, airfields. We cannot guarantee that in lobbied for for so hard and long, but it and do my colleagues know what? They every situation. does not cut out other low-priority got imprisoned just like I was, and one Mr. DICKS. If we could stop him be- items in order to pay for the long-term of the tail gunners had his leg cut off fore he gets there, we could save bil- costs of the system, and we are not by a Vietnamese because they were lions of dollars and save many, many talking about loose change. mad at him. lives. For the cost of just one of these Do we want that? I do not think so. Mr. HUNTER. Mr. Chairman, I yield bombers, we could pay for the under- I think we want to protect our men. We 2 minutes to the gentlewoman from graduate tuition for every single stu- need to provide the equipment, the California [Ms. HARMAN], a very articu- dent at the University of Wisconsin for military equipment, the most modern late member of the committee. the next 11 years. Now that is not equipment that we can provide for Ms. HARMAN. Mr. Chairman, the small potatoes. For the cost of just two them so that if we ever get into any gentleman from Ohio [Mr. KASICH] was of these bombers, we could double the situation like that again, and it does talking about priorities. I rise in sup- cost of cancer research in this country. not have to be like Vietnam, it can be port of the B–2 and its priority role in Which investment do my colleagues as was stated before, a mission to de- American military strategy. This think will protect more families from stroy the tanks in a place like Iraq be- amendment offers us the wrong the threat that they really face? An in- fore they get moving. choices. This issue is not about the re- vestment in two more B–2 bombers or a We must protect our troops. Give serve components or about whether the doubling of cancer research in this them the airplane. Vote against this B–2 is capable of doing what it is adver- country? amendment. tised to do. In future warfare, tech- There have been five studies that Mr. HUNTER. Mr. Chairman I yield 2 nology will be more important than have indicated that this weapon is not minutes to the gentleman from Califor- manpower. Using large forces, whether needed in preference to other weapons. nia [Mr. MCKEON] a very articulate for combat or to support forces en- There have been five studies which say Member. gaged in combat, will be very risky do not go ahead with it. Secretary Mr. MCKEON. Mr. Chairman, I want given the lucrative target they present Cohen’s quarterly defense review or to thank the gentleman for all the for weapons of mass destruction. quadrennial defense review said this in work he has done on this bill. As my The reserve components are being part in opposing the B–2: It said exist- colleagues know, I had a speech pre- drawn down, and that is an appropriate ing forces would have to be retired im- pared, but I think we are to the point H4184 CONGRESSIONAL RECORD — HOUSE June 23, 1997 on this debate after many years, that So it may be costly, but yet it is eco- the B–2 is not cost effective. The major everything has been said and everyone nomical, and vote no on the amend- production costs have already taken has not said it yet, so I would like to ment. place. Now the copies can come for- say something a little different. Mr. HUNTER. Mr. Chairman, I yield ward. I had a new grandson born today, 1 minute to the gentleman from Cali- We cannot protect America with the John Wells Morrison III, and as my col- fornia [Mr. ROHRABACHER], my friend. Neighborhood Crime Watch. We must leagues know, my big concern is that Mr. ROHRABACHER. Mr. Chairman, negotiate from a position of strength. when he is my age he is still here, and first of all let me say I respect my col- Ronald Reagan was right about that. I am really concerned that when we de- leagues, the gentleman from California B–2 gives us the edge. Take the edge. termine that we can foresee 20 and 30 [Mr. DELLUMS] and the gentleman from I oppose the amendment. years out into the future and say that Ohio [Mr. KASICH] but I disagree with Mr. HUNTER. Mr. Chairman, I yield we no longer need this kind of equip- them on this issue. 45 seconds to my friend, the gentleman ment, I have real concern because it is We are making a decision today of from New York [Mr. SOLOMON]. not going to matter to me, I am not what options our leaders will have 20 Mr. SOLOMON. Mr. Chairman, I do going to be here. But I am concerned years from now. That is what is impor- not think I need 45 seconds to tell ev- about my 15 grandchildren, and I think tant when the gentleman from Califor- erybody to come over here and vote for that I have been where this plane is nia’s, Mr. MCKEON’s, grandson is this vital piece of weaponry that we built, I have seen the capability of this around and we are not. Twenty years need desperately in this country. plane. And then when we hear like the from now we do not want the option of I associate my remarks with the gen- our American political leaders just to gentleman from Texas, Mr. SAM JOHN- tleman from Ohio [Mr. TRAFICANT]. He be to go nuclear or to put hundreds of SON, who had to go to war, fly a mis- makes more sense every day. I hope he sion that he was ill-equipped to fly, the thousands of Americans at risk on the does not run for Governor, I hope he plane was not the right plane for the ground or to send in aircraft carriers stays here. But let me tell my col- mission, and yet he had to fly into with thousands of Americans on those leagues something. harm’s way and then spend 7 years in a and putting those people at risk. For those like my good friend from I was in the White House when Presi- prisoner-of-war camp, I think it is Florida, Mr. FOLEY, who sat in my of- dent Reagan was forced to bomb Libya. criminal that we would send our young fice listening a few minutes ago, as my We put thousands of Americans on colleagues know, if they wonder, I sug- people out with equipment that is not American aircraft carriers at risk. We the best that we can provide them gest they put on a uniform every week had to fly out of American bases in and go and fly on those B–52 bombers with. England. We are not going to have Mr. Chairman, we need this plane, that are in such bad condition that we those American bases in England and we are talking about nine, nine do not know whether they are going to throughout the world 20 years from planes. How many planes did we have stay in the air from one day to the now. We need weapon systems today next. And my colleagues talk about flying in World War II? And in Viet- for our leaders 20 years from now that young men and women serving in the nam? And in Desert Storm? We are will project power from the United military and giving the best money can talking nine planes to give us three States of America and put the fewest buy. That is what we need to do right wings, three divisions, that we can Americans at risk that can possibly be now is to come over here and vote for place around the world that would be a put at risk. strong deterrent, strong help. This is a cost-effective weapon when this B–2 piece of legislation. Mr. HUNTER. Mr. Chairman, I yield We need this. Defeat this amend- we look at the cost of this as compared 2 minutes to the gentleman from Texas ment. to thousands of American lives in an [Mr. DELAY], the majority whip. Mr. HUNTER. Mr. Chairman, I yield aircraft carrier. We want to give future Mr. DELAY. Mr. Chairman, I thank 1 minute to the gentleman from Kansas American leaders the option. I ask to the gentleman for yielding this time to [Mr. TIAHRT] a B–2 proponent and ex- defeat this amendment. pert. Mr. HUNTER. Mr. Chairman, I yield me. Mr. TIAHRT. Mr. Chairman, I appre- Mr. Chairman, we do have a very im- 11⁄2 minutes to my friend, the gen- ciate the opportunity because I have portant choice to make tonight, and it tleman from Ohio [Mr. TRAFICANT]. kind of a unique perspective. I am Mr. TRAFICANT. Mr. Chairman, I is a choice between a policy that short- probably the only Member in Congress, did not originally support the B–2. I changes the men and women that risk I believe I am the only Member in Con- once made a statement, ‘‘Why build their lives in defense of our Nation or gress, that actually came out of aero- them? Tell the Soviets we have 500. it is a policy that will provide those space, and I worked on some of the They can’t see them, they can’t hear men and women with equipment and specifications for the B–2 so I know them; how are they going to know?’’ the tools that they need to ensure that that the mission was not just to fly The wisdom of this House built the our Nation remains the protector of de- over Russia. It was to fly anywhere B–2. B–2 is an advantage. B–2 gives us mocracy and freedom around the globally and attack any target that the edge. Yes, it is costly, but how do world. was protected by surface-to-air mis- you quantify the value of the lives of Now we live in an age where when siles. our troops? How many more Scot dictators are alive and well, they are But the reason I support the B–2 is O’Gradys, America, might experience busy stockpiling nuclear biological really twofold. No. 1, it is economical those types of disasters? chemical weapons; and as leaders, we in terms of human risk. If my col- But there is one other thing today have to make sure that we send Amer- leagues look at the initial strike in because today’s debate is not about ican soldiers into combat against these Desert Storm, there were in excess of a money, it is maintaining the position tyrants with the best possible chance dozen targets. It took 75 aircraft, plac- of strength to negotiate. of success. ing more than 140 servicemen at risk Ronald Reagan said America must al- And as Cap Weinberger noted, the Air by those initial strikes, and yet that ways negotiate from a position of Force has estimated that a B–2 with same group of tasks, those same tar- strength. The B–2 maintains America’s two crewmembers could conduct an at- gets, could have been accomplished by position of strength. That is the great- tack normally involving 75 tactical air- just two B–2’s, placing only four pilots est deterrent we have in international craft and 147 crewmembers. The pro- at risk. So in human terms of human possible conflict. curement and lifecycle costs of 75 tac- risk, this is a very economical weapon Now, yes, we must balance the budg- tical aircraft approaches $7.5 billion to have in our inventory. et, but our major job here is to protect and the comparable costs for one B–2 is And the second one is just the pure the national security. And, my col- $1.1 billion. cost of maintaining the 75-plus air- leagues, America cannot do it with the Now clearly the B–2 provides us with craft, the procurement, the mainte- Neighborhood Crime Watch. We have the best opportunity to protect U.S. in- nance, the keeping them up. If we bal- got to step up. terests at the lowest costs with the ance that with the cost of B–2’s, it is The time to kill B–2 was at the begin- best possible technology, and I just more economical. ning. Congress went ahead. Now to kill hope that my colleagues will make the June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4185 right choice tonight. A vote against Mr. Chairman, let me just answer my known grounds. The Joint Chiefs of Staff have keeping the B–2 line open and oper- friend that there are a number of ex- testified that more B±2's are unnecessary. ational is a very shortsighted vote, and perts who disagree that 20 B–2’s is Just last week, Defense Secretary William in this dangerous day and age we can- enough. Brent Scowcroft with the Cohen told us he opposes this astronomically not afford to make such ill-considered Scowcroft Study that the gentleman expensive project. Further, the price tag for and shortsighted choices. We need to has a copy of is one of those leaders the B±2's in this bill is misleading. make the right choice for our service who believes that. General Chuck The $331 million is just a small downpay- men and women and for the future of Horner who ran the air war in the Per- ment for nine additional bombers. this country. sian Gulf, who utilized stealth and uti- The Congressional Budget Office estimates So, Mr. Chairman, I urge a ‘‘no’’ vote lized precision-guided munitions, is on that the cost of this project will explode to $27 on this amendment. the Hill visiting Members’ offices be- billion in inflation adjusted dollars over 20 Mr. DELLUMS. Mr. Chairman, I cause he believes very strongly in hav- yearsÐfor each of those nine bombers, $1.5 yield 1 minute to the gentleman from ing enough B–2’s. billion for procurement and $1.5 billion for Virginia [Mr. SISISKY]. Let us get straight what we are talk- maintenance. We are told the CBO is a highly b 2000 ing about because Members have gone reliable unbiased body or is that only when CBO tells us what we want to hear? Mr. SISISKY. Mr. Chairman, I do not over a lot of things. We are talking about maybe 2 months worth of Wal- For each additional B±2, we could fund pre- have much time. I do not think I have 1 Mart sales. We are talking about one natal care for 1 ¤2 million women or immuniza- to apologize to anybody for supporting tions for nearly 10 million babies, or Head weapons systems that protect our thirty-fifth of the amount of money that we are spending on short-range Start for 330,000 students or health care for young men and women. 1¤2 million children or summer jobs for more It is amazing what we are arguing aircraft. Interestingly, we are moving to than a million teenagers. about. Like we do not have any sophis- If we cannot afford to give the proposed short-range aircraft as we lose our ticated weapons in our arsenal, that we child tax credit to millions of poor working fam- bases around the world. We are down to do not have any plans to build any so- ilies who need help buying food, housing, and 14 bases. Nobody has an idea as to phisticated weapons in our arsenal. I medical care, then how can we afford to waste whether or not we are going to be guar- cannot believe what is going on. I have $27 billion on B±2 bombers. heard somebody say, and I do not know anteed those bases in Japan, for exam- I urge my colleagues to save our limited re- who it is, that we are going to pay for ple, in a second Korean conflict. No- sources for something of valueÐsomething this by the reform package of $15 bil- body knows exactly how we are going we need. lion that we are going to save. My to detox the airfields because we do not Mr. DELLUMS. Mr. Chairman, I friends, that is why we are in trouble have enough detoxification equipment. yield to the gentleman from Massachu- today. That is why we are in trouble This is going to be the first time in setts [Mr. KENNEDY]. today. We are already spending the our modern history when we have had Mr. KENNEDY of Massachusetts. Mr. money that we might save. the ability to make our pilots surviv- Chairman, first of all, let me thank my I want to tell my colleagues some- able and we told them no, and iron- friend from California, Mr. DELLUMS, thing. I thought that this weapons sys- ically, we said we do not want a relic for the marvelous job he has done on tem saw its end. I am going to tell my flying, so we are going to fly 80-year- this bill not only this year, but in colleagues what is at stake tonight. Ei- old B–52’s, older than the great-grand- years in the past, and I hope tonight he ther we stop it now, we stop it now, or parents of the pilots who wear the uni- is successful for all the efforts that he we are not going to stop at 9, we are form of the United States of America. has made almost single-handedly at going to have 60 and we are going to be We have the money. We saved $15 bil- one time on this House floor to defeat talking about $100 billion. lion in the reform bill. I know that the the B–2, and we ought to acknowledge Vote ‘‘aye.’’ gentleman from California [Mr. DEL- his efforts. I say to my friend, he has Mr. DELLUMS. Mr. Chairman, I LUMS] will be pleased with that, over 5 done a great job. yield 1 minute to the gentleman from years. That more than pays for the en- I come here as a strong supporter of Maine [Mr. ALLEN]. tire B–2 program. domestic spending. We stood up this Mr. ALLEN. Mr. Chairman, I thank Finally, the National Guard, which year and watched our housing cuts go the gentleman for yielding me this was supposed to benefit by the money by 25 percent. We have seen billions of time. that would be cut out of the B–2, says dollars cut out of health care, WIC Pro- Mr. Chairman, during the course of that they have an excellent modifica- gram cuts, and fuel assistance cuts. this debate there have been times when tion program because of what the com- I am here to tell my colleagues that it seemed if the question was whether mittee and the Congress has given I believe that I would withstand all of the B–2 was a valuable plane, whether them. We have messages there from the those cuts and I would stand by the stealth technology was a valuable tech- National Guard for every Member if we people that are in those programs who nology. That is not the issue. Stealth want to look at that. There is no prob- they themselves would give up those technology proved itself during the lem there. Let us give our pilots the funds if they thought the national se- gulf war. We have 21 B–2 bombers. We very, very best because we care about curity of this country was at risk. If do not need more. We cannot afford them. they thought we needed the B–2 bomb- anymore than we have right now. We Mr. Chairman, I yield back the bal- er, they would vote for the B–2 bomber have difficult choices to make here ance of my time. and they would be willing to spend the today and that is why we are here. Mr. Mr. DELLUMS. Mr. Chairman, I taxes to pay for it. Chairman, $27 billion we are looking move to strike the last word. But this is not about the B–2 bomber, at, not $331 million; $27 billion needed The CHAIRMAN. Pursuant to the this is about a symbol. It is about a just for nine planes. rule, the gentleman, as the ranking mi- symbol of American might and free- An earlier speaker said we need 20 B– nority member, is recognized for 5 min- dom, it is about a symbol that is plain 2’s for 1 major regional conflict and 10 utes. wrong. All we have to do is look at the for another. I submit that 20 is enough, Mr. DELLUMS. Mr. Chairman, I Pentagon studies themselves to deter- it will do the job, it is a good tech- yield to the gentleman from Massachu- mine that the Pentagon is opposed to nology, we do not need more, and what setts [Mr. OLVER]. this. We ought to defeat the B–2 bomb- we need to do is make sure that we are (Mr. OLVER asked and was given er and stand with the people of our investing in our training and equip- permission to revise and extend his re- country. ment for our troops, that we are pro- marks.) Mr. DELLUMS. Mr. Chairman, I rare- viding the other alternatives that will Mr. OLVER. Mr. Chairman, I thank ly walk into the well; I generally speak keep our forces strong, and that we are the gentleman for yielding. I rise in from where the ranking member and not robbing domestic programs to buy favor of the Dellums-Kasich-Foley the chair speak, but I choose to speak nine more B–2’s. amendment. from the well because I want to speak Mr. HUNTER. Mr. Chairman, I yield Mr. Chairman, restarting the B±2 bomber to each and every one of my colleagues myself the last 2 minutes of my time. production line cannot be justified on any face-to-face. H4186 CONGRESSIONAL RECORD — HOUSE June 23, 1997 First of all, for those of my col- certainly put many more people to have enough money, $15 billion over 5 leagues who are the freshmen and the work than are presently working on years, to buy all of those B–2’s. We are sophomore Members, that is half of these handful of B–2’s. This is inappro- asking for basically Wal-Mart sales for this Congress, I would remind each and priate, my colleagues, those of us who 2 months so that our pilots do not have every one of them that they cam- voted for a balanced budget, stand up to fly under the Bill Clinton scenario, paigned diligently on the integrity of with dignity and integrity and oppose 80-year-old B–52’s, older than their balancing the budget. My colleagues this. great-grandfathers. Vote ‘‘no’’ on this were elected, Republican and Demo- Mr. Chairman, no one wants it except amendment. crat, freshman and sophomore, on that the contractors and a handful of peo- Mr. SPENCE. Mr. Chairman, I yield basis. ple. This is not about the balanced to the distinguished gentleman from This was not contemplated in the 5- budget. That day is now over. There Georgia [Mr. GINGRICH], the Speaker of year balanced budget agreement. This are no free rides. If we buy this, we are the House. is not about B–2’s. We have 21. All of not going to buy something else, and it Mr. GINGRICH. Mr. Chairman, I this hyperbole, as if some way we are is either domestic or it is some of our thank my friend from South Carolina this Third World country techno- other weapons systems. But the day of for yielding, and I thank my friend logically, is bizarre, extreme, absurd scratching each other’s backs is over. I from California for the dignity and the and ridiculous. We have 21 B–2 bomb- have lived long enough to see us being way in which he has conducted this en- ers. My colleagues leap quickly from forced to the hard choices. Make me tire debate and the issue he is raising. the B–2 to the B–52, but they do not believe in this institution, make me Mr. Chairman, I would like all of my pause at the 95 B–1B bombers that you believe in the integrity of the balanced colleagues to ask themselves a very spent $20.5 billion building and billions budget. Oppose this B–2 and support basic question: Why do we buy weap- of additional dollars giving them con- this amendment. ons? In the end, as my friend said, it is ventional capability. Mr. SPENCE. Mr. Chairman, I move not for pork, it is not for jobs; we have Someone said the B–2 is the only to strike the last word. lots of ways to create jobs, and cer- long-range bomber. They know that is The CHAIRMAN. Pursuant to the tainly the Congress, in its ingenuity not true. The B–1 can fly as far as the rule, the gentleman from South Caro- over 200 years, has found many ways to B–2 flies. Both of them need tankers to lina, as chairman of the Committee on do that. Why do we buy weapons? We buy refill them. National Security, is recognized for 5 weapons to defend America. We buy What is this about? It is not even minutes. about the $331 million that I trans- Mr. SPENCE. Mr. Chairman, I yield weapons to prevent wars, when pos- ferred. I just made a transfer. It could to the gentleman from California [Mr. sible. We buy weapons to win wars, when necessary. We buy weapons to have been transferred anyplace. The HUNTER]. point I am making is that this is not Mr. HUNTER. Mr. Chairman, I thank save American lives. Now, in the 1920’s and 1930’s the Con- about transfer. It is about trade-off. It the gentleman for yielding. Let me just gress was antitechnology, antimilitary, is about $27 billion. We cannot go home say to all Members of the House, sure, consistently cheap, self-righteously after the Air Force Chief of Staff and saying we embrace a 5-year budget certain; saw the world as one where the Joint Chiefs were told by the Presi- agreement that did not contemplate a there was no danger, and in 1941, 1942 at dent that they would not support a B– $27 billion weapons system and push it Pearl Harbor, Wake Island, Guam, the 2, they saluted and they came down into that budget and assume that we Philippines, Guadalcanal, we paid in and they sat before us and said, we do cannot push something out. We have blood, the blood of young Americans, not have the B–2 in our budget. Then to. We are going to have to push out because we were not ready. other military priorities, and my col- we asked the Air Force Chief of Staff, leagues know that is true. Integrity in the words that are over on the side b 2015 and truth demands that my colleagues of the room here, would B–2’s be valu- Then immediately after World War answer yes to that. able in war, and he said, B–2’s would be II, this Congress forgot every lesson. For those of us who are not keenly extremely valuable in the Hawk phase; We stripped the military. We cut out interested in all of these issues, but are that is, when we stop the enemy tanks procurement. We weakened the system. interested in domestic programs, with from rolling. Then he hesitated and he And in 1950, a bunch of young kids in a impoverished communities, at-risk said, and in all other phases. I asked thing called Task Force Smith were children, undereducated people, under- him the question, would the B–2’s save put on the Korean peninsula in an employed, underhoused, inadequately lives, and he said yes, they would save emergency, and they were slaughtered. fed, how can we say I voted for a $27 lives. And we paid in blood. billion weapons system that no one My friends, we are going through But in 1990, with an appropriate mili- wanted and 2 years down the road when really what is kind of a microcosm of tary investment, with adequate mili- the fire walls go down and they start defense itself. We had the war to end tary forces, we put the finest profes- raiding these budget programs, I hope all wars, I guess that is the post-cold- sional military in the world with the someone gets up in the floor and points war world that my friend from Califor- finest technology on the field. We won a finger and says how can we have that nia refers to in the early 1900’s. We a decisive victory with 100,000 casual- kind of hypocrisy. called it the war to end all wars, and ties on the enemy side and less than 200 We have to face it now. I am not we were unprepared for the Second Americans dying. And we won deci- coming back to the floor next year on World War, where we did not get the 2- sively. this amendment, because this is it, week warning time that the study that Why would you build a B–2? Not for folks. We have to stop it right now if he refers to says we should have. Then today, but for tomorrow. For a time we are going to stop it. I tell my col- we threw away our weapons after not very many years from now when a leagues, I bet every single thing that I World War II, went from a military of B–1B is going to be in desperate trouble have, and I am broke, that this will not 9 million people to a group that could trying to penetrate a sophisticated come to just 30 planes. They will nickel not hold a third-rate military as it ground-to-air system. By 2010, you are and dime us to death and billion-dollar pushed us down the Korean peninsula. going to have to suppress that system us to death. There will be 40 and 50 and And we were not able to stop those with enormous firepower for a B–1B to 60, because once you start building tanks. After the world war was over, be there. And the weapon you are going these planes, the places where they get we cut again. to use to suppress that system is either built, people do not want to stop them We have cut and we have cut the de- going to be a missile or a B–2. getting built. This is a $27 billion pro- fense budget on an annual basis by $140 What if we are not based in the re- gram. billion, from $404 billion in 1985, real gion? Many of my friends who are Now, if we want to employ people, money, to about $268 billion today. going to vote yes on this amendment then let us go in the back room and Within those confines of the $268 bil- do not want us to be in the regions that dream up a $27 billion jobs program. I lion, with the reform package we put they want a short-legged aircraft to de- will show my colleagues how we can together, a real reform package, we fend in. What if we do not have time to June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4187 build up our force? We had from Labor repairs, at the 509th Bomb Wing, Whiteman tion issues, the Air Combat Command de- Day until the spring of 1991, Labor Day AFB, Mo., the unit that earned worldwide clined May 16 to specify. of 1990 to the spring of 1991 to build up publicity last month after its first six B–2s ‘‘However, let us say that as with any were declared ready for combat. emerging weapon system, ACC is gaining ex- Desert Storm. But what if we have an The extent of the B–2 maintenance prob- perience as we field the Air Force’s newest opponent that studies our model and lems went unpublicized. It could not be technology bomber,’’ it said in a statement does not give us the time? What if we learned to what extent. if any, the LO main- to Defense Week. need to move decisively, quickly and tenance problems have hampered the wing’s ‘‘We feel the B–2, which is on the leading win in a controlled manner? What if current training operations. edge of low observable technology, has not the President has the kind of threat ‘‘Maintenance is a concern due to both the presented maintenance challenges beyond that he says, I need something now, time to repair LO discrepancies and the man- those associated with fielding any new sys- power required to effect LO repairs,’’ The tem. The knowledge we’ve gained from field- not in three months? Pentagon’s operational testing office said in ing the B–2 has adjusted our maintenance ap- Here is the advantages of the B–2. It a detailed May 13 statement. proach accordingly and will continue to do threatens a lot of current systems. The The mounting backlog at Whiteman was in so,’’ said the ACC. B–2 does not need a carrier battle addition to eight years of test data accumu- The Air Force wrote Sen. Dale Bumpers group. It is less expensive per bomb de- lated at Edwards AFB, Calif., indicating that (D-Ark.) in March when he asked about livered by any standard. The B–2 does it took at least 50 hours of maintenance for maintenance problems that ‘‘although low not need an airfield close to the enemy. every flying hour. The number seems high, observable systems maintenance has affected but is within Air Force expectations at this And it is less expensive than moving an mission capable rates, recent trends show an stage of the program, said a Pentagon offi- overall increase. The latest mission capable airwing to the region by any standard. cial. rate as of January is much greater than 20 The B–2 does not need a huge complex About 19 of those hours were consumed percent.’’ air armada to surround it, to protect making repairs to the aircraft’s sensitive It also told Bumpers the 509th BW was fly- it, to suppress the ground-to-air mis- skin necessary to meet its military stealth, ing low altitude B–2 missions but failed to siles. or LO low observable, requirements—the note that six days of repairs were being exe- But finally, I would say to all of my largest repair category, according to Air cuted for every flying day. Force figures. The planes’ high-tech terrain following friends, there is a good argument for The data did not, however, indicate if the radar allows it to go that low. Given that ca- voting yes for this amendment. There LO repair hours met or exceeded expecta- pability and 6,000-mile unrefueled range, a B– is a rational argument. I respect those tions. But the figure has been improved, ac- 2 can strike heavily defended Libyan, Iraqi who make it. If they are wrong and 10, cording to a Pentagon official. He was not, and North Korean targets. 15, 20 years from now we do not have however, aware of the current time to repair But the low flight profile also is exacerbat- the weapons, we do not have the capa- figure. ing the LO maintenance woes, the testers bility, we cannot project the power, ei- The data, which is the most current avail- said. ‘‘Flight experience has shown that the able, was based on 2,601 flight hours accumu- ther our allies could lose, we could durability of the LO is also related to the en- lated at Edwards when the first B–2 was de- vironment the B–2 is flown in,’’ said the test- lose, or the price of victory could be livered for development testing in July 1989 ers. ‘‘Low level flight places the most de- the blood of a lot of young Americans. through May 1996. mand on the LO materials.’’ If those of us who want to build a few THE PRICE OF STEALTH According to data compiled by Pentagon extra aircraft are right, we will have The data indicates not a serious, unex- testers, during one snapshot, between De- saved those lives. pected design problem but more intense than cember 1995 and February 1996, Whiteman B– If we are wrong the truth is we will expected efforts to maintain the $2.4 billion 2 mission capable rates was at a low 37 per- have wasted the money. Consistently bomber’s most relevant feature. To date, the cent. If LO system readiness was not in- most widely known fact about B–2 mainte- cluded, the readiness rates were a more ac- in the history of this Congress, it is ceptable 73 percent, the data showed. Accept- cheaper in the long run to build one nance was that it is performed in special hangars. able B–52 and B–1B mission capable rates are more weapon and save American lives [The price tag quoted here is the 20-year over 80 percent. than it is to build too few weapons and program life cycle cost. It includes every- MAINTENANCE AND READINESS run the risk. You decide which respon- thing from early development through two ACC claims notwithstanding, the test fig- sibility you want to answer. I would decades of operations, maintenance, support ures and detailed statement from the Penta- rather be wrong in favor of too good a and eventual disposal.] gon’s operational test office indicate that defense with too good an airplane sav- The U.S. will buy 21 bombers for about $44 the upkeep of the B–2’s primary selling billion. Thirteen should be delivered by point—its stealth—is proving difficult and ing too many Americans, and I would year’s end. The Quadrennial Defense Review rather vote in favor of giving our kids has affected readiness. last week reaffirmed the Pentagon’s position ‘‘LO maintenance problems are the pri- the best possible equipment. that it cannot afford more than 21. mary factors affecting B–2 readiness. The Ms. FURSE. Mr. Chairman, I wish to insert Aside from the LO repair problems, the air- materials used are sensitive to the methods into the RECORD an article that appeared in craft has demonstrated good to exceptional of application and to the temperature and the May 27 edition of Defense Week. It details reliability with electronics, its landing gear humidity when applying them,’’ said the a new problem the $2.4 billion B±2 bomber is and door, the data shows. May 13 Pentagon statement prepared in re- The B–2 needs a baby-smooth skin to main- sponse to Defense Week questions. experiencing in actually being stealthy. Last tain its stringent, bumble-bee sized radar October, Air Force officials ordered 6 days of ‘‘The high LO system failure rate indicates profile. A major driver of B–2 LO mainte- that material durability could be improved’’. repair time be performed for every flying day. nance is the curve time for materials, in- Concern has also recently arisen over the In addition, 8 years of test data accumulated cluding sealants used to fill gaps between quality of the LO repairs that can be accom- at Edwards Air Force Base indicates that it panels, adhesives and tapes to cover joints. plished in the operational environment,’’ the took at least 50 hours of maintenance for Cure times for some materials exceed 72 test office wrote. every flying hour. hours. If successive layers of material are ap- ‘‘The large number of B–2 LO system un- plied, cure times can take several hundred scheduled maintenance events, combined Author Tony Capaccio serves the defense hours, according to test data. industry, as well as policymakers well in his in- with LO maintenance difficulties, signifi- SOLUTIONS IN THE WORKS cantly reduce aircraft availability,’’ the vestigative reporting work. This is a vital role Both the Air Force and Northrop Grum- testers said. we all count on members of the fourth estate man Corp. are crafting solutions, such as a Seven second-generation bombers are at to provide. faster curing time for radar absorbing tapes Whiteman AFB. They can fly down to 600 [From the Defense Week, May 27, 1997] and chalking. And Northrop recently deliv- feet above ground, pop up and drop a family THE B–2’S STEALTHY SKINS NEED TENDER, ered to Whiteman a maintenance manage- of 500- to 2,000-pound satellite-guided bombs. LENGTHY CARE ment system called a Low Observable Com- Those bombs can fall within 20 feet of their bat Readiness computer program for evaluat- intended aimpoints. (By Tony Capaccio) ing radar cross section degradation. Concerning the October 1996 policy change Maintaining the $2.4 billion B–2 bomber’s ‘‘The MC rate at Whiteman has improved directing six days of repair for one flying stealthy skins has proven so difficult that as a result’’ of introducing the computer pro- day, the statement noted ‘‘as a result of LO Air Force officials last October, directed six gram, said the Pentagon test office. ‘‘In spite maintenance difficulties and backlog, the days of repair time be performed for every of the MC improvement resulting from [the 509th BW in the fall of 1996 had limited the flying day, accordingly to test data made computer program], the backlog of LO dis- sortie rates on its aircraft to permit more available to Defense Week. crepancies at Whiteman is increasing.’’ time for repairs. The order was mandated to reduce a Asked to outline the backlog’s extent and ‘‘This reversed a previous policy aimed at mounting backlog of low observable, or LO, its operational significance, citing classifica- maintaining high [pilot training] sortie rates H4188 CONGRESSIONAL RECORD — HOUSE June 23, 1997 at the expense of deferring LO repairs,’’ said nia, Ohio, and Florida. This amendment would Condit Kind (WI) Portman the statement. Conyers Kleczka Poshard eliminate $331.2 million from the B±2 Stealth Costello Klink Price (NC) ‘‘To alleviate manpower problems, the Air Bomber Program and additionally would pro- Force has brought 18 Northrop Grumman Coyne Klug Pryce (OH) Cummings Kolbe Quinn workers to Whiteman to augment the Air hibit other funds from being used for advanced procurement or production line expenses for Danner Kucinich Rahall Force LO maintenance personnel.’’ the state- Davis (FL) LaFalce Ramstad ment said. more aircraft beyond the 21 aircraft previously Davis (IL) Lampson Rangel Mr. DICKS. Mr. Chairman, I rise in opposi- authorized. DeFazio Lantos Regula The cost of this program as outlined in the DeGette Largent Rivers tion to the Dellums amendment to eliminate Delahunt Latham Roemer further production of the B±2 bomber. I believe National Defense Authorization Act for fiscal DeLauro LaTourette Ros-Lehtinen this is the most important defense procure- year 1998 would authorize $505.3 million to Dellums Lazio Rothman ment vote of the decade. reestablish elements of the B±2 production Deutsch Leach Roukema Dingell Levin Roybal-Allard The B±2 with smart conventional weapons line that have been shut down, for advance Doggett Lewis (GA) Rush gives us the potential for a conventional deter- procurement, and for various support, training, Doyle LoBiondo Sabo rent. The B±2 when fully equipped with smart and management costs. I believe that the cost Duncan Lofgren Sanders of reestablishing these programs is justified in Edwards Lowey Sanford conventional weapons will be able to dev- Ehlers Luther Sawyer astate a country and an advancing army at the light of the military advantages the aircraft pro- Engel Markey Scott same time. vides to our men and women in the Armed Eshoo Mascara Sensenbrenner This bomber will give us a war-stopping ca- Forces. Evans McCarthy (MO) Serrano Farr McCarthy (NY) Shays pability. The war-stopping or preventing capa- The B±2 is the only heavy bomber currently Fattah McDermott Shuster bility will save American lives. The B±2 can in production or development. In fact, the Pen- Flake McGovern Sisisky give us a huge technological advantage over tagon has no other plans for modernizing or Foglietta McHale Skaggs potential enemies. supplementing our existing and aged bomber Foley McKinney Slaughter Ford McNulty Smith (MI) Twenty-one B±2 bombers is not enough. fleet of B±52's and B±1's. With the youngest Frank (MA) Meehan Smith, Adam We need to keep the production line open to B±52 bomber being 33 years old, many U.S. Franks (NJ) Menendez Smith, Linda build nine additional B±2's. Every independent pilots are flying aircraft that are older than they Furse Miller (CA) Snyder Ganske Miller (FL) Spratt study indicates that additional B±2's are need- are. Due to the time and extreme costs asso- Gejdenson Minge Stabenow ed. ciated with designing another bomber, it is im- Gephardt Mink Stark The Dellums amendment stops the produc- portant that we retain our capability to produce Goode Moakley Stenholm tion line, which is in California. We would need bombers should events require them. Goodlatte Molinari Stokes Goodling Moran (VA) Strickland to spend billions to re-open this line once it is In addition, the stealth capabilities of the B± Greenwood Morella Stupak closed. 2 are unmatched, allowing this two person Gutierrez Nadler Sununu Gen. Brent Scowcroft, National Security Ad- plane to operate without fighter or enemy air- Gutknecht Neal Tanner Hall (OH) Ney Tauscher viser to Presidents Ford and Bush, has written defense suppression escorts, thereby limiting Hamilton Nussle Tierney a devastating report on the lack of a bomber the total number of airmen placed in harm's Hastings (FL) Oberstar Towns policy on the part of this administration. Let way. The B±2 can also strike multiple targets Hilliard Obey Upton me quote from General Scowcroft's report: from heights out of range of anti-aircraft weap- Hoekstra Olver Velazquez Hooley Owens Vento The B–2’s ability to strike independently ons with precision and accuracy. This com- Houghton Pallone Wamp within hours anywhere on the globe from bination of features will also minimize the risks Jackson (IL) Pascrell Watt (NC) bases in the United States leaves it uniquely both to noncombatants and to American Johnson (WI) Pastor Waxman well-suited among all U.S. force elements for bomber crews in the air. Kanjorski Paul Weldon (PA) dealing with unexpected challenges. The Kaptur Payne Wexler need for such a capability is basic to the na- Finally, some argue that in the post-cold war Kasich Pelosi Weygand era, we no longer need aircraft of this kind. Kennedy (MA) Peterson (MN) White tional 2 Military Regional Conflict [MRC] Kennedy (RI) Petri Wise strategy. However, the U.S. cannot afford to let its Kennelly Pickett Woolsey The only realistic option for maintaining guard down. The world is still a dangerous Kildee Pomeroy Wynn the viability of the long range, stealthy, pre- place, as Saddam Hussein proved a few years Kilpatrick Porter cision strike force over the long term is to ago and as North Korea, in its quest for nu- NOES—216 continue production of the B–2. The B–2 is clear weapons, reminds us today. By introduc- Ackerman Crapo Granger therefore a critical national asset, which is ing additional B±2s now, we are preparing uniquely capable of performing these vital Aderholt Cubin Green Armey Cunningham Hall (TX) missions. ourselves for the next threat that we unfortu- nately are likely to face. Accordingly, I strongly Bachus Davis (VA) Hansen Baker Deal Harman Under the U.S. Constitution, the Congress urge my colleagues to rise in opposition to the has the ultimate responsibility to fund and gov- Barcia DeLay Hastert Dellums, Kasich, and Foley amendment. Barr Diaz-Balart Hastings (WA) ern the military. Under article I, section 8, the The CHAIRMAN. The question is on Barrett (NE) Dickey Hayworth Congress shall have power ``To raise and sup- the amendment offered by the gen- Bartlett Dicks Hefley port Armies * * * To provide and maintain a Bateman Dixon Hefner tleman from California [Mr. DELLUMS]. Bentsen Dooley Herger Navy; To make Rules for the Government and The question was taken; and the Berman Doolittle Hill Regulation of the land and naval Forces.'' chairman announced that the noes ap- Bilbray Dreier Hilleary Bilirakis Dunn Hinchey In closing, I again want to quote from Gen- peared to have it. eral Scowcroft's report: Bishop Ehrlich Hinojosa RECORDED VOTE Bliley Emerson Hobson Additional B–2s are fully affordable within Boehner English Holden planned budgets. The Pentagon plans to in- Mr. DELLUMS. Mr. Chairman, I de- Bonilla Ensign Horn crease procurement spending approximately mand a recorded vote. Bono Etheridge Hostettler 50 percent by 2001. Those funds should be al- A recorded vote was ordered. Borski Everett Hoyer located to and spent on the most cost-effec- Brady Ewing Hulshof The vote was taken by electronic de- Brown (FL) Fawell Hunter tive systems, such as additional B–2’s. The vice, and there were—ayes 209, noes 216, Bryant Fazio Hutchinson situation is similar to that of the F–117 in not voting 10, as follows: Bunning Filner Hyde the 1980’s. The Air Force insisted that a sin- Burton Forbes Inglis gle squadron of these revolutionary aircraft [Roll No. 228] Buyer Fowler Istook was all that was needed; Congress directed a AYES—209 Callahan Fox Jackson-Lee Calvert Frelinghuysen (TX) doubling of the buy, an action that saved Abercrombie Berry Capps Campbell Frost Jefferson many American and allied lives in the gulf Allen Blagojevich Cardin Canady Gallegly Jenkins Andrews Blumenauer Carson war. Today, once again, only Congress can Cannon Gekas John Archer Boehlert Castle set in motion the steps needed to maintain Chambliss Gibbons Johnson (CT) Baesler Bonior Chabot production of the B–2. Chenoweth Gilchrest Johnson, E. B. Baldacci Boswell Christensen Clyburn Gillmor Johnson, Sam Help us today and defeat the Dellums Ballenger Boucher Clay Collins Gilman Jones Barrett (WI) Boyd Clayton amendment. Cook Gingrich Kelly Barton Brown (CA) Clement Mr. GILMAN. Mr. Chairman, I rise today in Cooksey Gonzalez Kim Bass Brown (OH) Coble Cramer Goss King (NY) opposition to the amendment brought to the Becerra Burr Coburn Crane Graham Kingston floor by the honorable gentlemen from Califor- Bereuter Camp Combest June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4189 Knollenberg Packard Smith (OR) Strike out sections 333 through 335 (page ability to compete the work for best LaHood Pappas Smith (TX) 69, line 3 through page 77, line 21). Lewis (CA) Parker Snowbarger value and best price. The current provi- Lewis (KY) Pease Solomon The CHAIRMAN. Is there objection sions of this bill work against that phi- Linder Peterson (PA) Souder to the request of the gentleman from losophy. Livingston Pickering Spence Alabama? Lucas Pitts Stearns There was no objection. Mr. Chairman, I reserve the balance Maloney (CT) Pombo Stump Mr. EVERETT. Mr. Chairman, I ask of my time. Manton Radanovich Talent Manzullo Redmond Tauzin unanimous consent that 15 minutes of Mr. SPENCE. Mr. Chairman, I yield Martinez Reyes Taylor (MS) my time be controlled by the gen- myself such time as I may consume. Matsui Riggs Taylor (NC) tleman from Minnesota [Mr. SABO]. (Mr. SPENCE asked and was given McCollum Riley Thomas The CHAIRMAN. Is there objection McCrery Rodriguez Thompson permission to revise and extend his re- to the request of the gentleman from McDade Rogan Thornberry marks.) McHugh Rogers Thune Alabama? McInnis Rohrabacher Thurman There was no objection. Mr. SPENCE. Mr. Chairman, I rise in McIntyre Royce Tiahrt Mr. EVERETT. Mr. Chairman, I yield opposition to the amendment offered McKeon Ryun Torres myself 21⁄2 minutes. by the gentleman from Alabama [Mr. Meek Salmon Traficant Mr. Chairman, my amendment, co- Metcalf Sanchez Turner EVERETT]. sponsored by the gentleman from Cali- Mica Sandlin Visclosky The supporters of this amendment Millender- Saxton Walsh fornia [Mr. FAZIO], the gentleman from will argue that by striking the provi- McDonald Scarborough Waters Wisconsin [Mr. KLUG], and the gen- Mollohan Schaefer, Dan Watkins sions in the bill relating to depot pol- tleman from Minnesota [Mr. SABO], re- Moran (KS) Schaffer, Bob Watts (OK) icy, the amendment would merely en- Murtha Sessions Weldon (FL) lates to DOD’s depot maintenance pol- Myrick Shadegg Weller icy. This amendment simply strikes sure the continuation of current law Nethercutt Shaw Whitfield the depot maintenance provisions that under which the Nation’s depot system Neumann Sherman Wicker were added to the bill by the depot cau- would continue to be managed within Northup Shimkus Wolf the framework of the so-called 60/40 Norwood Skeen Young (AK) cus members in subcommittee. policy. The problem, however, which Ortiz Skelton Young (FL) b 2045 Oxley Smith (NJ) continues to preclude a meaningful dis- Mr. Chairman, the result of the NOT VOTING—10 cussion about the role and future of amendment will leave intact the cur- our public depots, remains the adminis- Blunt Maloney (NY) Schumer rent 60/40 policy that splits repair work Cox McIntosh Yates tration’s politicization of the base clos- Gordon Paxon between the public and private sectors. ing process of 2 years ago. Lipinski Schiff Let me say in the beginning that Thus, the fundamental issue before b 2037 those of us who opposed the language as reported out by the subcommittee the House is not the appropriate ratio Mr. ORTIZ and Mr. CALLAHAN come from differing viewpoints. My ob- of public to private workloads. Instead, changed their vote from ‘‘aye’’ to ‘‘no.’’ jection is to what I see as the vastly the issue is the determined effort of the Mr. ARCHER and Mr. COBLE expansive new definition of ‘‘core logis- administration to politicize the base changed their vote from ‘‘no’’ to ‘‘aye.’’ tics capability’’ and the redefining of closure process for its own political So the amendment was rejected. benefit. If the President had not in- The result of the vote was announced ‘‘workload,’’ to name but a few. The Depot Caucus says that their as above recorded. jected himself very directly into the provisions simply block the President’s BRAC process, it is unlikely the House PERSONAL EXPLANATION disregard of the 1995 Base Closure Act would even be debating this amend- Mr. COX of California. Mr. Chairman, at Kelly and McClellan Air Force I was necessarily absent for this vote ment today. Bases. I am in agreement with the cau- The 1995 Base Closure Commission for medical reasons. cus that the President violated at least The CHAIRMAN. Pursuant to section considered the question of the Air the intent of BRAC 1995. However, the 5 of House Resolution 169, it is now in Force public depot system and came to provisions go much further than Kelly order to consider the amendment by a determination that 2 of the 5 Air and McClellan. the gentleman from Alabama [Mr. EV- The bill redefines ‘‘depot level main- Force depots should close. Those 2 de- ERETT] printed in section 8(c) of House tenance’’ to include ‘‘interim contrac- pots were located at Kelly Air Force Resolution 169. tor support’’ and ‘‘contractor logistics Base in Texas and McClellan Air Force AMENDMENT OFFERED BY MR. EVERETT support’’ and software maintenance Base in California. The Commission’s Mr. EVERETT. Mr. Chairman, I offer which has principally been performed recommendations were very clear: an amendment. by contractors. The bill further defines close the depots and consolidate their The CHAIRMAN. The Clerk will des- ‘‘core logistics activities’’ to include workloads at other public depots or at ignate the amendment. all new weapons systems within 4 years private sector commercial activities as The text of the amendment is as fol- of reaching their initial operating ca- determined by the Defense Depot Main- lows: pability. tenance Council. Amendment printed in section 8(c) of These provisions clearly go beyond Contrary to the President’s asser- House Resolution 169 offered by Mr. EVER- the scope of Kelly and McClellan, and ETT: tions during his campaign for a second Strike out sections 332 through 335 (page are not based on military requirements term, the Commission did not rec- 68, line 10 through page 77, line 21). set out by the war fighter. These provi- ommend privatization-in-place and it The CHAIRMAN. Pursuant to the sions will force DOD to place more re- certainly did not attempt to guarantee rule, the gentleman from Alabama [Mr. pair and maintenance work in the pub- the jobs of thousands of workers at EVERETT] and a Member opposed, the lic depot system without regard for these 2 depots, depots located in 2 gentleman from South Carolina [Mr. military necessity or cost to the gov- States with substantial numbers of SPENCE] each will control 30 minutes. ernment. In other words, by forcing electoral votes. Privatization-in-place DOD to place more repair work in the MODIFICATION TO AMENDMENT OFFERED BY MR. was not an unknown concept to the EVERETT public depots without regard to mili- Commission. In fact, the Commission Mr. EVERETT. Mr. Chairman, I ask tary requirements, DOD will be forced recommended it in a limited number of to take deeper cuts in personnel and unanimous consent that the amend- instances, but those instances did not training and in modernization of our ment be modified to correct the draft- include Air Force depots. ing error. The modification is at the weapons systems. The President’s transparent attempt desk. I support the need for an in-house The CHAIRMAN. The Clerk will re- public depot system to support the core to circumvent the intent of the 1995 port the modification. repair and maintenance needs estab- BRAC process for political reasons has The Clerk read as follows: lished by the military. However, if this caused grave harm to what had been Modification to amendment offered by Mr. work is not core and can be performed essentially a nonpolitical process. By EVERETT: by the private sector, we should at his actions, the President has under- The amendment as modified is as follows: least give the military leadership the mined support in Congress for future H4190 CONGRESSIONAL RECORD — HOUSE June 23, 1997 base closures and caused the commit- which have government-owned and op- 15 days, an up or down. There was no tee to overwhelmingly recommend the erated maintenance depots. I do not privatization in place. The idea that provisions which the Everett amend- represent such a depot, but I can tell Members can find themselves in a posi- ment proposes to strike. my colleagues that it is my very firm tion to say that we are saving money Congress has resisted all attempts belief that the national security inter- here is amazing to me. I cannot imag- over the years to overturn legislatively ests of this country require a robust ine anyone saying that. the results of the BRAC process. The capability in the government-owned Here is something called the GAO re- President had a similar obligation to and operated depots, and that ability port. The Air Force by their own ad- carry out faithfully the decisions of the to serve our national security must be mission says the amendment by the BRAC Commission which are now the safeguarded. It must be met. For those gentleman from Alabama would cost law. Depot workloads at these two fa- reasons, I would urge a ‘‘no″ vote on $689 million a year. It is impossible to cilities may be competed in the private the amendment. accept that. marketplace, but the President cannot, Mr. EVERETT. Mr. Chairman, I yield Mr. Chairman, let me point out, the I repeat, cannot rig the competition to 2 minutes to the gentleman from Texas issue before us today comes down to this: Can the President hide his politi- ensure electoral political advantage. [Mr. BONILLA]. I urge my colleagues to support the (Mr. BONILLA asked and was given cally motivated job program behind committee and oppose the Everett permission to revise and extend his re- the shield of privatization and trick amendment. marks.) enough of us to look the other way? Mr. Chairman, I reserve the balance Mr. BONILLA. Mr. Chairman, every- Each side is going to have their share of my time. one in this Chamber should understand of letters and quotes to support their Mr. SABO. Mr. Chairman, I yield my- that this has absolutely nothing to do argument. I would ask my colleagues self 1 minute. with the base closing process. In Texas, all to stay focused on the central ques- tion: Does it make sense for the Air Mr. Chairman, I rise in support of the we are willing to take our medicine. Force to continue to operate 5 depots amendment. I am not one who auto- We felt that our depot should stay open at under 50 percent capacity when the matically supports privatization. In at Kelly Air Force Base, but we were closure and consolidation of the 2 least some cases it does not make sense. In chosen to be closed and we must now efficient will save over $689 million per other cases it does. If it involves trying face the music and deal with reality. year? to switch jobs from people who have But what is wrong, and I appeal to I would hope that each and every one benefits to people who do not have ben- the people in this body who have any of us would give some real thought to efits, I have deep concern. sense of fiscal conservatism, or any what this really does and does not do. However, here we are talking about sense of competition and supporting I wrote this language. I think I can competition between the private and private sector involvement in govern- speak with authority on this thing. It public sector, where both have highly ment contracts, what is wrong with does not prevent anyone from bidding skilled, well paid employees with de- having us set up shop at the former on non-core work. cent benefits, health and pension bene- base, to invite private contractors to Do you want to bid on all the core fits. As we try to squeeze ever-increas- come in and bid for business? What is work? What do we tell the big compa- ing demands into restricted dollars, wrong with that? And if the depots nies of the world when we have another this is a case where competition be- that are surviving this process do in- Persian Gulf? Get into a C–141 and go tween private and public sector clearly deed come forward with a lower bid, over there? Hey, if you want to pri- makes sense. I hope my colleagues vote then they win. What is more American vatize everything, there are a whole ‘‘yes’’ on the Everett amendment. than having competition out there to bunch of Soviet pilots that do not have Mr. SPENCE. Mr. Chairman, I yield 3 bid for business in this country? That jobs anymore. Let us see if we can get minutes to the gentleman from Vir- is what we are talking about. them to fly our F–22s for us. We have ginia [Mr. BATEMAN]. I can appreciate the parochial inter- got to get down to the point where we Mr. BATEMAN. I thank the gen- est of the States that have the remain- draw the line between core and non- tleman for yielding me this time. ing depots. They want it all. And they core and talk about privatization. Ev- Mr. Chairman, this language which is want the law to say they will get it all eryone can bid on it. All we are doing in the bill and which the amendment without any competition. But I say to is distinguishing between the two is- would remove was placed in the bill in any Member in this body who believes sues. I would hope my colleagues would the Subcommittee on Military Readi- in fiscal conservatism, fiscal respon- vote ‘‘no’’ on the Everett amendment ness of which I am the chairman. I can- sibility, free enterprise or competition, and save the taxpayers a whole bunch not tell my colleagues that this is the they must see our plan on this and sup- of money. provision that I would have written port what we are trying to do. b 2100 had I been given the grace to have ar- If Members stand with those who Mr. SABO. Mr. Chairman, I yield 2 ticulated the best, wisest policy with want to save money for the Air Force, minutes to the gentleman from Texas reference to depot maintenance. This with those who believe in free enter- provision in the bill is not, in my view, [Mr. GONZALEZ]. prise, with those who believe in com- Mr. GONZALEZ. Mr. Chairman, I the wisest and the best. It does reflect petition, with those who stand with the thank the gentleman for this time. the will of the subcommittee by an United States Air Force at trying to The Secretary of Defense has made it overwhelming vote. It also reflects control costs, they will support, as I very clear that the modernization and changes from the original proposal of will, the Everett amendment. I thank the readiness of our Armed Forces will the Depot Caucus which they made, at the gentleman from Alabama for offer- be paid for by base restructuring. So my request, in order to improve what ing this amendment, and we certainly the realignment process must be con- is in the bill. Looking at this very dif- hope it succeeds. ducted in a way that will save the most ficult issue in balance, I would ask the Mr. SPENCE. Mr. Chairman, I yield 2 money, and the best way to do this is committee to support the bill as it minutes to the gentleman from Utah through the public-private competition comes to the floor and to reject the [Mr. HANSEN]. that is currently under way. amendment that has been offered. (Mr. HANSEN asked and was given History has shown that competition This issue is one of the most conten- permission to revise and extend his re- saves money. The ongoing public-pri- tious issues which will be dealt with in marks.) vate competition will guarantee the the conference that is coming between Mr. HANSEN. Mr. Chairman, I hope best defense for the dollar. this body and the other body. Certainly my colleagues here will realize that And so, Mr. Chairman, I urge my col- I hope and believe that this will be im- what we are looking at is the integrity leagues to support the military, sup- proved upon as we go through that of BRAC that was passed by the gen- port the taxpayer and support the Ev- process. I can assure my colleagues tleman from Texas [Mr. ARMEY], now erett-Sabo amendment. that I will be working to do that but in our majority leader. The law is very Mr. SPENCE. Mr. Chairman, I yield 2 a way which protects the legitimate clear of what we can and cannot do. minutes to my good friend, the gen- concerns of those who represent areas The President of the United States had tleman from Texas [Mr. ORTIZ]. June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4191 (Mr. ORTIZ asked and was given per- Mr. Chairman, competition saves This amendment simply strikes the mission to revise and extend his re- money. In the next 5 years the Air unprecedented and reaching Hansen marks.) Force alone will need almost $97 billion language that was adopted during the Mr. ORTIZ. Mr. Chairman, let me say to modernize its equipment and force markup of the defense authorization that I have a lot of respect for the structure. Where is that money going bill. I join with the distinguished rank- Members who happen to be on the to come from? This amendment savings ing member of the full committee, as other side of this issue, but I would will help pay for future military mod- well as Secretary of Defense William just like to tell my colleagues some- ernization. Cohen, in supporting this amendment. thing on these two charts that I have. Mr. Chairman, I urge my colleagues If we approve the current language in Do my colleagues see these 2 charts to vote for competition and savings. the defense bill, it would allow a gov- here? It has got the names of all the Vote yes on this much needed amend- ernment monopoly on depot mainte- bases that were shut down by the ment. nance work. It would also require the BRAC Commission during the past 4 Mr. SPENCE. Mr. Chairman I yield 2 government to make overwhelming years. minutes to the gentlewoman from new capital investments in government And my question is this: ‘‘Did some Jacksonville Florida [Mrs. FOWLER]. facilities which would simply duplicate of your bases that you had, did they (Mrs. FOWLER asked and was given what exists in the private sector today. get a second chance to keep those jobs permission to revise and extend her re- Now, I am on the Committee on Na- open?’’ I am not against contracting marks.) tional Security, and I have been look- out when it makes sense. But what we Mrs. FOWLER. Mr. Chairman, I rise ing and listening to the testimony. I are seeing here debated does not make to strongly oppose the Everett-Fazio have looked at the discussions that sense. amendment. have gone on before. I end by saying The 1995 Base Closure Commission As my colleagues know, what about that I urge my colleagues to join me in voted to close the depots at Sac- the workers at these facilities? Did voting in favor of this amendment. ramento and San Antonio. As their re- they get a second chance? No, they did Mr. SPENCE. Mr. Chairman, I yield 2 port noted, the commission found that not. Will this amendment save money? minutes to the gentleman from Vir- the significant excess capacity and in- No, this amendment will not save any ginia [Mr. SISISKY]. frastructure in the Air Force depot sys- money. Mr. SISISKY. Mr. Chairman, I am tem requires closure of both Sac- Now let us look and see as to how the ranking member of the Sub- ramento and San Antonio. But Presi- much money this amendment will cost committee on Military Readiness, and dent Clinton, concerned about the im- the taxpayers. The Air Force estimates I work with the gentleman from Vir- that the Everett amendment will cost pact of these closures on his 1996 cam- ginia [Mr. BATEMAN] and those that paign, instead sought privatization in the taxpayers $689 million annually. represent depots for 3 years. We have The GAO estimates that it will cost place at these 2 bases. By his actions tried to maintain a balance between $468 million. In Ohio, at a base where he undercut the integrity of the BRAC public and private depots and at the privatization in place is occurring, the process to achieve political gain. same time to protect our national se- Air Force estimated that it will cost Was privatization in place a valid op- curity industrial base. $40 million more annually, same work, tion for these bases? The BRAC report I am from Hampton Roads, Virginia, same place, same equipment. specifically did not authorize this ap- the largest naval base in the whole We cannot afford the Everett amend- proach for San Antonio or Sacramento ment. despite doing so for two other bases. No world. I have the largest public yard in What about the workers of both commission vote was held, and when the country, I have the largest private bases? Kelly? What about Sacramento? the GAO looked at this issue, it con- shipyard in the country, so I think I I have letters to show my colleagues cluded that privatizing these oper- understand the public-private competi- that they do not support this amend- ations would cost the Air Force $468 tion. ment. These are workers who at one million a year more than transferring And the word is competition. In 1993, time or another served our country in this work to other depots or 4500 Americans were told at the Naval the front lines. They know the kind of privatizing it elsewhere. Subsequently, Air at Norfolk that they were out of a equipment that is needed. They know the Air Force’s own Materiel Command job, the BRAC commission, we could that they need well-maintained equip- projected that the cost of privatizing not save them. We tried valiantly to ment. What better than to have these these facilities in place would actually save them. veterans to work on this maintenance be $689 million a year. Now I am a little sensitive about that is required? Now, Mr. Chairman, the language that because of what happened in the Vote against the Everett amend- adopted by the Committee on National BRAC committee. Why did we pri- ment. It will be a great vote. Security would require the President vatize? A million and a half square feet Mr. EVERETT. Mr. Chairman I yield to abide by the BRAC. I do not support right in the middle of the Norfolk 11⁄2 minutes to the gentleman from Secretary Cohen’s call for additional Naval Base, which by the way is still Texas [Mr. SMITH]. BRAC rounds, but if we are going to empty and we did not privatize. But let Mr. SMITH of Texas. Mr. Chairman, I have them, we must first restore integ- me tell my colleagues what we did pri- thank my colleague for yielding this rity to the BRAC process. vatize. Very interesting enough, last time to me. The proponents of this amendment year the 2 depots that they do, and by Mr. Chairman, this amendment is are asking us to flush $689 million a the way it does not take a rocket sci- about competition. It is about saving year of hard earned taxpayer money entist to understand instead of 2 American taxpayers billions of dollars. down the drain rather than spending it overheads you got 4 overheads, but Language currently contained in the to modernize our forces or to provide they privatize Louisville. In Louisville, defense authorization bill is anti-com- better family housing for our military privatization in place took place at the petition. It would prohibit any mili- dependents. Oppose the Everett-Fazio Naval Surface Waterfront Depot in tary facility that was closed by BRAC amendment. Louisville, where they work on five- in 1995 from entering into any private Mr. SABO. Mr. Chairman, I yield 1 inch guns. contract for depot level work. This minute to the gentlewoman from Cali- Now BRAC said the exact same thing wastes taxpayers’ money. fornia [Ms. SANCHEZ]. about Louisville and guess what? They Fiscal responsibility requires that we Ms. SANCHEZ. Mr. Chairman, I offered a contract with no competition, allow the competitive process to deter- thank the gentleman for yielding me no cost data, and I hate to tell my col- mine the most effective and efficient this time. leagues what they are losing now. I had depot while maintaining the highest Mr. Chairman, as many of my col- to stop them almost, threatened to go level of national security. Should the leagues will tell us, it is rare that I rise to court to do it, but they stopped it. American taxpayer pay for mainte- to talk in this House, but I felt a need In two-three weeks they got some cost nance work at one depot when the to do that today to express my strong data that they brought back. work can be done at another for 20 to 30 support for the Fazio-Everett amend- This is about competition. I implore percent less? ment. my colleagues to vote against this H4192 CONGRESSIONAL RECORD — HOUSE June 23, 1997 amendment and keep the BRAC com- construction upgrades to meet the 80 of July 2001, and they will no longer be mission from politicization as it is. percent goal that is in this legisla- Air Force facilities. Nothing in the Ev- Mr. EVERETT. Mr. Chairman, I yield tion.’’ erett amendment will change that. 3 minutes to the gentleman from Cali- b 2115 What this amendment will do, how- fornia [Mr. DOOLITTLE]. ever, is to strike a provision in the un- (Mr. DOOLITTLE asked and was So, Mr. Chairman, this is a very im- derlying bill that disallows the con- given permission to revise and extend portant amendment. It is an amend- ducting of competition for some of the his remarks.) ment that will lower our costs, that work now at Kelly and McClellan Air Mr. DOOLITTLE. Mr. Chairman, I will be for the benefit of the military Force Bases. listened. I have friends on both sides of and the benefit of the taxpayers, and I Let me just respond, if I may, to the this debate, and I happen to be on one urge people to approve it. GAO study that has been talked about of the sides, but it is almost as if we Mr. SPENCE. Mr. Chairman, I yield 2 time and time again by the opposition. were debating two completely different minutes to the gentleman from Okla- In fact, the last speaker from Okla- sets or had two different sets of facts homa [Mr. WATTS]. homa talked about the $468 million because the representations are so dra- Mr. WATTS of Oklahoma. Mr. Chair- that will be lost if, in fact, these bases matically opposite. man, on Thursday of last week, the do not close. These bases will close. I would just observe, if my colleagues White House threatened to veto H.R. The issue is whether or not to allow think about it, when has not privatiza- 1119, the defense authorization bill, if it competition. tion resulted, or competition, in a low- included language that will force the This will save money. The GAO study ering of costs? I mean, we know that President to obey the Base Realign- is totally irrelevant to this discussion, has been the case in the electricity in- ment and Closure Commission, the because these bases will close. In fact, dustry. We know it has been the case in BRAC law. This law mandates the clo- it will cost more if we disallow private a number of other industries, transpor- sure of Kelly Air Force Base in Texas competition in this situation, because tation. We have seen it dramatically and McClellan Air Force Base in Cali- these employees, the mission, will have displayed, and countries all across this fornia, mandates the closure of those to be moved to these other bases, world are racing toward competition two facilities. whereas if, in fact, we allow private and privatization. Now, according to the GAO, their re- competition, many of these employees But I am reminded when I hear the ports say that the continued operation that have the technical skills that go opponents oppose this amendment, all of these two bases will cost us around back 20, 30 years will be able to stay at this amendment does is strike out $468 million. Now, the Air Force’s very these particular bases in a private sec- some bad language that was inserted in own internal report said that the con- tor capacity, not in a public sector ca- the underlying bill. We know that pri- tinued operation of these two bases pacity. These bases are in fact going to vatization and competition result in a will cost us about $689 million. close. We all know that. lowering of costs. Indeed, the Penta- At the same time, the President Mr. Chairman, I urge support of the gon’s own Defense Science Board has maintains that the defense budget and Everett amendment. estimated that public-private competi- the number of soldiers must be reduced Mr. Chairman, the question before us is tion will produce taxpayer savings of 20 in size beyond the hollow force that he quite simple. It is whether we will allow the to 30 percent regardless of whether is currently creating, but President Department of Defense to implement a base public depots or private industry win Clinton offers no explanation, none, for closure recommendation in the manner it the competition. this obvious contradiction, and he de- deems most effective. McClellan and Kelly have already nies that he is in violation of the law. Opponents of the Everett amendment claim been slated for closure. The vote has The President is wrong on both it will undermine the BRAC process. However, been taken, they are in the process of counts. Congress must vote to preserve the recommendations of the Defense Base closing. So they will not be Federal de- the fairness and nonpartisanship inher- Closure and Realignment Commission regard- pots, but they are vast reservoirs of ent in the BRAC process that the ing both McClellan and Kelly Air Force Bases technology and of technological exper- President would destroy. The only way are absolutely clear. In calling for closure of tise in the employees that work there. to preserve the fairness of the BRAC these facilities, the Commission directed DOD Contractors can come in; we can have process is to vote against the Everett- to either ``[c]onsolidate the remaining work- competition, and the Pentagon’s own Fazio amendment to H.R. 1119. loads to other DoD depots or to private sector Defense Science Board says we will cut I ask my colleagues to vote for fair- commercial activities as determined by the costs 20 to 30 percent. Why is that im- ness in the base closing process, vote to Defense Depot Maintenance Council.'' portant? It is important obviously for preserve our national security, and Let no one in this Chamber be misled. the Federal Treasury, but specifically vote no on the Everett-Fazio amend- McClellan and Kelly Air Force Bases will for defense it is important because the ment. close. As of July 2001, they will no longer be defense sector of the Federal budget is Mr. SABO. Mr. Chairman, I yield 2 Air Force facilities. Nothing in the Everett shrinking and has been for some time. minutes to the gentleman from Califor- amendment will alter that fact in any way. So we will have to do more with less. nia [Mr. MATSUI]. What this amendment will do, however, is How do we do that? Competition. Pri- Mr. MATSUI. Mr. Chairman, the strike provisions of the underlying bill that pre- vatization. That is what the Everett question before us is quite simple. It is vent the Department of Defense from conduct- amendment represents. whether we will allow the Department ing competitions for some work now per- I would just like to point out the of Defense to implement a base closure formed at McClellan and Kelly. The Air Force Governor of our State which represents recommendation in the manner it is currently seeking detailed bids from public areas with closed depots like Sac- deems most effective. Opponents of the depots and private industry for this work. Pub- ramento and areas with healthy vi- Everett amendment claim it will un- lic-private competition will allow the Air Force brant depots like San Diego and Twen- dermine the BRAC process, but the rec- to accurately determine which of its options ty-nine Palms. He has just sent out in ommendations of the Commission re- under the 1995 BRAC law makes the most a letter dated June 19 his support for garding both McClellan and Kelly Air sense for our national security. this amendment. He is the Governor of Force Bases is absolutely clear. Without the Everett amendment, the DOD the whole State. Populationwise, it is In calling for the closure of these fa- would be barred from privatizing, even if that probably greater than the existing cilities, the Commission directed the course proves to be the best value for the tax- depot areas and in the Sacramento DOD to either consolidate the work- payer. Ironically, while the opponents of this area, but the fact of the matter he loads of other DOD depots or to allow amendment accuse us of subverting the points out that this is important. He private sector commercial activities. It BRAC process, it is the language of this bill it- also observes, ‘‘The existing bill may is very clear what the language says. self that does so. Despite the clear direction of also involve hundreds of millions of Let no one in this Chamber be mis- the Commission that privatization was an ac- dollars in hidden costs to the taxpayers led. As the gentleman from California ceptable course of action for McClellan and because the 3 installations targeted for [Mr. DOOLITTLE] said, McClellan and Kelly workloads, the Congress would be effec- growth would have to undergo military Kelly Air Force Bases will be closed as tively foreclosing this option. We must not take June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4193 the precedent-setting step of limiting DOD Mr. EVERETT. Mr. Chairman, I yield In December 1996, the General Ac- flexibility in its implementation of a BRAC rec- 1 minute to the gentleman from Cali- counting Office did a report; this is it ommendation. fornia [Mr. POMBO]. right here. In this report it cites the Many expertsÐincluding the 1995 BRAC Mr. POMBO. Mr. Chairman, I thank Air Force’s own numbers wherein the Commission itselfÐhave concluded that our the gentleman for yielding me this Air Force has stated itself that the pri- national security would be best served by al- time. vatization in place initiative that the lowing the private sector a larger role in de- Mr. Chairman, I rise in support of the administration supports at Kelly and fense industrial activities. The Commission's Everett amendment. This amendment McClellan will cost the American tax- Report to the President noted: ``Privatization of embodies many of the ideas that we all payers $700 million a year. [DoD industrial and commercial] functions claim to stand for: open competition Folks, we are in tight, tight times would reduce operating costs, eliminate ex- and smaller government. While this with respect to budgets. We have been cess infrastructure, and allow uniformed per- amendment does not require privatiza- arguing about balancing the budget sonnel to focus on skills and activities directly tion, it merely ensures that the com- around here for the 21⁄2 years that I related to their military missions.'' petition process remains on a level have been here. We cannot afford to Yet the Department is not moving blindly to playing field between private industry spend $700 million on politics. $700 mil- privatization based on the many voices that and public military depots. lion will buy us somewhere around 8, 9, have called for it in the past. It will take that I believe the provisions of this bill or 10 F–22’s. $700 million will add a lot step only if competition proves that the private specifically target Sacramento’s of pay increases for our military per- sector will produce savings and protect readi- McClellan Air Force Base in my home sonnel. That is where the money ness for the workload in question. Even the State of California and Kelly Air Force should be spent. I ask my colleagues to December 1996 General Accounting Office re- Base in Texas. As currently drafted, vote ‘‘no’’ on this amendment. port, so often cited by opponents of the Ever- this bill prevents the public-private Mr. SABO. Mr. Chairman, I yield 3 ett amendment during this debate, concluded competitions that are now taking place minutes to the gentleman from Texas at McClellan and Kelly. by calling for the use of ``competitive proce- [Mr. RODRIGUEZ]. dures, where applicable, for determining the Secretary of Defense Cohen has stat- Mr. RODRIGUEZ. Mr. Chairman, I most cost-effective source of repair for work- ed unequivocally that the significance thank the gentleman for yielding me loads at the closing Air Force depots.'' of privatization is part of DOD’s efforts the time. In a recent letter to Speaker GINGRICH on to save taxpayer dollars. In addition, We have before us an amendment, this issue, Secretary of Defense William these provisions would be anticompeti- and basically one of the things that it Cohen wrote, ``Our initiatives to increase com- tive and would frustrate the integrity does is it allows to preserve the exist- petition and free funds for modernization are of the BRAC process. Furthermore, pri- ing law. There are some discussions vital to our national security.'' If we do not vatization at McClellan and Kelly is that are out there regarding the privat- fully consistent with the BRAC rec- pass the Everett amendment, we will be deny- ization in place, but let me set my col- ommendations. ing DOD a critical tool in controlling its costs. leagues straight. The bids are out in This body would be taking the untenable posi- I urge the support of the Everett amendment. San Antonio. We have both the private tion of commanding our armed forces to man- and the public sector participating, and age their assets with complete disregard for Mr. SPENCE. Mr. Chairman, I yield 2 minutes to the gentleman from Geor- I ask my colleagues, why are they the national interest. I urge my colleagues to afraid of that? We have the bids that reject that course and to support this important gia [Mr. CHAMBLISS]. (Mr. CHAMBLISS asked and was are out there and it does not call for amendment. privatization in place; it just asks to Mr. SPENCE. Mr. Chairman, I yield 2 given permission to revise and extend see what the best bid is. Why are my minutes to the gentleman from North his remarks.) colleagues so afraid of doing that? So Carolina [Mr. JONES]. Mr. CHAMBLISS. Mr. Chairman, I Mr. JONES. Mr. Chairman, I rise in thank the gentleman for yielding me what we have before us is an attempt strong opposition to the Everett this time. to get the language and clean up the amendment. Let there be no mistake, Unlike my friend from Minnesota for language. this vote is on the integrity of the whom I have such great respect, I do There is some discussion by some of BRAC process. A vote for the Everett support privatization. I think we have the Members regarding the integrity of amendment will only serve to improve got to look for areas of our operation the BRAC process. The chairman, when the profits of the defense industrial of the Federal Government to seek to he first started, read out what the base at the expense of military readi- privatize in ways that we can save process said, and I am going to read it ness. money. But I do not support privatiza- to my colleagues again. It said, con- As a Commandant of the Marine tion when it affects the readiness of solidate the workloads to other DOD Corps, General Krulak has said time our military might, nor when it injects depots or to private sector commercial and again, depots are a critical ele- politics into an issue which must not activities as determined by the Defense ment in Marine Corps combat readi- be political if it is going to work, such Department. ness. The depots are the Nation’s only as the BRAC process. We have both options of doing the ready and controlled source providing Now, the Everett amendment is private sector or the depot, whichever our war fighters with the highest qual- about two issues. The first issue is is the most cost effective. It is pretty ity maintenance and repair, on time whether or not privatization in place straightforward and pretty democratic. and at least cost, wherever and when- should be allowed at Kelly Air Force But now we come through the legisla- ever needed. Base and McClellan Air Force Base, tive process and since we have the bids Let us not forget that the defense and whether or not that was provided that are out there, we want to say no, contractors who have come to us ask- for in the BRAC process. we do not want to play that game, we ing to get more of the workload now Last year, during the defense author- want to get the contract without hav- done by the depots are the same de- ization bill, the current Secretary of ing to go out for the bids. fense contractors that say that cost Defense, the Honorable William Cohen, Well, I say to my colleagues, we have should not be an issue when it comes to who was a Senator at that point in an opportunity to vote for the Everett providing their product. Why would time, a gentleman who was a great amendment and we have the oppor- their way of doing business change Senator and who is doing an excellent tunity to withhold the integrity of the now? Can we afford this way of doing job as Secretary of Defense, stated the BRAC process by voting ‘‘no’’ on the business? following in the RECORD, and I quote. Everett amendment. A vote for the Everett amendment ‘‘The BRAC did not recommend or au- I also want to share with my col- will destroy the BRAC process. It thorize privatization in place at Kelly leagues that in the process, the discus- would cost the taxpayers millions of or McClellan.’’ He is right. He is abso- sions about Kelly and about San Anto- dollars each year, and it will cost the lutely right. It is not authorized. nio and Sacramento, they have been United States their national security. Second, this amendment is about one closed, and in some cases in San Anto- Please vote ‘‘no’’ on the Everett other issue: Does privatization in place nio some of the projects have been re- amendment. save the taxpayers money? aligned. That is going to happen. That H4194 CONGRESSIONAL RECORD — HOUSE June 23, 1997 is going to occur. Out of the five de- that the Department of Defense has an think is an absolutely astonishing posi- pots, there are only three left. San An- in-house capability to maintain Ameri- tion for members of the Republican tonio is closed and Sacramento is ca’s readiness, crucial in times of na- Party to argue. closed. What we have before us is an tional emergency. Our security cannot Who supports this idea of what we opportunity to make sure that the in- depend on private companies subject to are talking about? Here is what the tegrity of BRAC is taking place by vot- the whims of the market. This is an ex- United States Chamber of Commerce ing for the Everett amendment; No. 2, tremely important point, and a point said in sending a letter to the other by assuring that we have the most that cannot be forgotten. body: As a matter of policy, the U.S. cost-effective method of making sure Doing away with the 60–40 rule is a Chamber favors privatization of tasks that we put that into effect. misguided proposal which could ad- performed by the Government in order Secretary Cohen has talked about versely affect the abilities of the Naval to provide new business opportunities the importance of readiness, as some of Aviation Depot in Jacksonville, the to the private sector and to take ad- the Members have mentioned here, and employer in my home district of 3,900 vantage of cost efficiencies afforded he has talked about the fact that some Floridians. I am opposed to this through modern business practices. of the existing laws like this one is det- amendment not just because I am wor- In brief, the U.S. Chamber thinks rimental for the process of readiness ried about local jobs, but as a veteran privatizing depot operations will save and to assure that our troops have the I am concerned about our national se- United States taxpayers money. resources. So it becomes really impor- curity. Here is what the BRAC Commission tant that my colleagues vote, and I Mr. Chairman, here we are debating said: This Commission believes reduc- would ask my colleagues to vote in tonight an amendment offering a solu- ing infrastructure by extending privat- favor of the amendment. tion to a problem that does not exist. ization to other DOD industrial and Mr. SPENCE. Mr. Chairman, I yield 1 It sounds neat, sounds plausible, but it commercial activities will reduce the minute to the gentleman from Ala- is wrong. I urge my colleagues to op- cost of maintaining and operating a bama [Mr. RILEY], a new and very able pose this amendment. ready military force. member of our committee. Mr. EVERETT. Mr. Chairman, I yield Those are dollars that can be saved Mr. RILEY. Mr. Chairman, this de- myself 15 seconds to remind my friend for the United States taxpayers. Those bate is not about depots, it is not about from Florida that this does not, my are dollars that can be spent on other 60/40, it is not about privatization, it is amendment does not repeal 60–40, re- weapons systems, on other kinds of not about competition. This debate is a verse the current law. training programs for our troops on debate on fairness. This is a vote on re- Mr. Chairman, I yield 3 minutes to readiness. In short, we save money and storing the integrity to the BRAC the gentleman from Wisconsin [Mr. make the United States military even process. This is a vote on taking poli- KLUG]. better prepared in the event of war, tics out of the BRAC process. Mr. KLUG. Mr. Chairman, let us try which is what the gentleman from Mr. Chairman, our national defense to put this all in perspective for a Florida [Mr. STEARNS] was arguing is too important to trust the politi- minute, if we can, because I think if we about. cians. That was the very reason we set are listening to the debate in this This I think is an extraordinarily bad up the BRAC process in the first place. Chamber, it is a little hard exactly to precedent because, if the President Mr. Chairman, a few minutes ago, the figure out what is at issue. Opponents made a mistake, we in this body are ranking minority member, before the of this amendment, I think, have quite going to repeat a mistake tonight if we B–2 vote, asked us to vote for integrity, correctly characterized the President do not follow forward and pass the Ev- to vote for trust, and vote for fairness. interfered in the BRAC Commission erett amendment because what we are That is what this debate is about, re- situation and essentially tried to keep going to say is that $15 billion in po- turning trust, integrity, fairness to the open two bases for political reasons. tential privatization contracts are off process. I agree with the ranking mi- I will concede that. But let me argue the board. Make no mistake about it. nority member, and that is the very that I think what opponents of this This is not about trying to save two reason I will vote ‘‘no’’ on the Everett amendment are trying to do is to sim- places last year and whether the Presi- amendment. ply close down two bases in the coun- dent made a mistake. I think he did try so that we can then ship work to make a mistake. But what we are b 2130 other bases to keep those depots open. going to do with this amendment is to Mr. SPENCE. Mr. Chairman, I yield 2 This is in its fundamental perspective, set the hurdle so high that we will pro- minutes to the gentleman from Florida I think, a battle over not whether we tect other bases and guarantee that [Mr. STEARNS]. are going to privatize work done by the privatization will never ever happen. (Mr. STEARNS asked and was given United States armed forces or whether Mr. SPENCE. Mr. Chairman, I yield 2 permission to revise and extend his re- we are going to create and guarantee minutes to the gentleman from Califor- marks.) make-work in order to keep govern- nia [Mr. CUNNINGHAM]. Mr. STEARNS. Mr. Chairman, I ment jobs working. Mr. CUNNINGHAM. Mr. Chairman, I thank the distinguished chairman for I am astonished to hear my good have got friends on both sides of this yielding me the time. friend from Florida talk about the idea issue. I am a Californian. Let me tell To be prepared for war is one of the of exposing the Defense Department to Members why I am opposed to this most effectual means of preserving the whims of the marketplace. That is amendment. peace. These words were uttered some what Republicans are supposed to First of all, remember that every 200 years ago by George Washington. argue for, that we think we can save BRACC base closed is for privatization. They are just as poignant today as money. And the gentleman from Cali- Every one closed. That is what we are they were then. The issue is one of na- fornia [Mr. DOOLITTLE] is exactly right saying. We are closing them. We do not tional security. In other words, regard- that privatization always does save want the Federal Government to take less of the rhetoric that we are going money. Now, if we do not strike this care of them. We initially had six Air to hear, the truth of the matter is that language that is in the report done by Force and six Navy depots. In the first America simply cannot afford this the committee, what it will essentially BRACC round the Navy closed down amendment. Here is why. say is that a billion and a half dollars three. The Air Force did not close any. Under current law, all core duties worth of work is off the table. One can- So there was three and six in the next and no less than 60 percent of the an- not compete for it. One cannot pri- round, the Air Force closed three. So nual depot maintenance workload must vatize it. It is government workers who there was three and three. And yet be performed by Federal employees. have to do it. there is still a 50 percent overhead or This amendment proposes elimination If we continue to follow this line of excess, so that we are operating at only of this requirement so that more main- thought, we are going to take $15 bil- 50 percent capacity. And now we want tenance work can be contracted out to lion in depot work and essentially say two other depots to come in and pri- private firms. It sounds like a good it is off limits; it is only government vatize. That is going to cost $700 mil- idea. However, the 60–40 rule ensures workers who can get it done, which I lion a year to compete against the ones June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4195 that have and that is core military. ply proper facilities, all because people date the workload from the closing in- Let me tell my colleagues why from wanted excess overhead and undercut stallations. personal experience. our military’s ability to get the most Let me give my colleagues an exam- During the Vietnam war, we bang for our buck. ple of what I mean. For Warner Rob- privatized because we could not do the Mr. Chairman, it also means less bins Air Logistics Center in Georgia to work to build F–14 or FB4’s to F–4N’s. training, less preparedness and less take away the C–5 work at Kelly with- Six months before we got ready to go, readiness for national defense. A vote out competition, as this amendment four airwings of Phantoms could not go for the amendment is a vote to waste would have it, more than $100 million to Vietnam because they found wing this money. I ask my colleagues to join worth of new military construction cracks. If we would have flown those me and vote no. will have to be undertaken at the Geor- airplanes, our pilots would have been Mr. SABO. Mr. Chairman, I yield the gia facility. That is right. The Amer- killed. That never would have hap- balance of my time to the gentleman ican taxpayer will have to pick up a pened in a depot. Not in a military from California [Mr. FAZIO]. multimillion dollar tab for a new hang- depot. It would not have got through. The CHAIRMAN. The gentleman er and a paint shop. It seems to me So it is not only readiness, the core from California [Mr. FAZIO] is recog- that is a colossal waste of money. capability that we need to fight the nized for 7 minutes. Let us put it into modernizing weap- war, and this is wrong. It is just as Mr. FAZIO of California. Mr. Chair- ons systems, increasing military readi- wrong to privatize this as it is to give man, I rise today in strong support for ness or some other pressing needs. the Communist Chinese Long Beach the Everett-Sabo amendment. I want There are two other issues I want to Naval Shipyard to control. That is pri- to go right to the heart of the matter, address. Labor: Some Members on my vatization but it is wrong. It is bad pol- because I know that many of my side of the aisle have made much of the icy. It is bad economics. And it is bad friends and colleagues on the floor here AFG’s opposition to this amendment. for national security. I would ask my are torn over the facts of this case. They of course, the union, are inter- colleagues on both sides of the aisle McClellan and Kelly Air Force Bases ested in not just preserving but ex- and, yes, those from California, my col- are closing. Nothing we do in this bill panding government jobs. But when leagues, oppose this amendment. is going to change that. It is a done Newark Air Force Base in Ohio and the Mr. SABO. Mr. Chairman, I reserve deal. As McClellan closes, 15,000 jobs Naval Air Warfare Center at Indianap- the balance of my time. will disappear from the Sacramento olis were privatized in 1995, AFG orga- The CHAIRMAN. The Chair would economy. That is on top of thousands nized the workers there. No union jobs advise that the gentleman from Min- of other jobs we have lost from two were lost. nesota [Mr. SABO] has 7 minutes re- prior Base Closing Rounds, recent And while we are on the subject of maining, the gentleman from Alabama BRACC rounds. labor, the Hansen language in the bill [Mr. EVERETT] has 2 minutes remain- I think it is safe to say that no com- will pull jobs from the private sector ing, and gentleman from South Caro- munity has been more adversely im- and put them in a government-run fa- lina [Mr. SPENCE] has 5 minutes re- pacted by the Base Closing Commission cility. Jobs that are being held by aero- maining and has the right to close. than Sacramento has. But that is not space workers, machinists, for exam- Mr. SPENCE. Mr. Chairman, I yield 2 why we are offering this bipartisan ple, would be in jeopardy. And that is minutes to the gentleman from Okla- amendment. It is more than that, and why the machinists union supports the homa [Mr. ISTOOK]. I would say much more than that. Everett-Sabo amendment. That is an- Mr. ISTOOK. Mr. Chairman, I rise to The reason Republicans and Demo- other reason why both the minority oppose this amendment. crats, liberals and conservatives are leader, the gentleman from Missouri As a member of the Subcommittee on joining here is to restore competition [Mr. GEPHARDT], and the ranking mem- National Security of the Committee on and preserve the integrity of the Base ber of the Committee on National Se- Appropriations, I know firsthand our Closing Commission and, at the same curity, the gentleman from California defense budget is inadequate. Training time, ensure that the Department of [Mr. DELLUMS] oppose this amendment for our men and women in uniform, Defense saves millions of taxpayers’ offered by the committee and support purchase of modern weapons systems, dollars and protects our Nation’s mili- the Everett amendment. research and development to hold our tary readiness through competition. b technological knowledge in the mili- There has been a lot of misinforma- 2145 tary, proper facilities for our troops, tion tossed around about the politics of I also want to know, why is it okay all these and more are underfunded. the Base Closing Commission in the to privatize the House beauty salon but Every dollar for defense is precious. past hour. But the facts are indis- no non-corps depot work done by de- So when the General Accounting Office putable. fense contractors that build the same reports that we will pay an extra $468 This amendment is explicitly follow- weapons system? They simply want to million each year if we fail to do both ing the Commission’s recommendation. maintain it after it is procured. I will of two things, if we fail both to close Read Chairman DIXON’s letter to Sec- tell my colleagues why. those depots in Texas and in California retary White. It expressly says, BRACC One example is because the Speaker, and also transfer the work to the sur- gave DOD the flexibility to privatize at the gentleman from Georgia [Mr. GING- viving three depots, if we do not do McClellan and Kelly. RICH], who almost succeeded in preclud- both of them, we lose the $468 million Also look at what the experts say. It ing us from having this debate, is a year. is overwhelming. The list is endless. against this amendment. He is really, The work has to be shifted. Why? Make no mistake about it. Our amend- frankly, against privatization in Geor- Very simple: Three overheads are ment simply maintains the status quo. gia, his home State. cheaper than five. And if we do not Unlike the language put forth by the The Speaker, the most prominent transfer the work, we are paying for depot caucus in this bill, our amend- member of the privatization task force, more overhead multiple times. If we ment does not affect the 60–40 calcula- is for competition and privatization, pass this amendment, we are playing tion that is so important to so many of but not when it comes to his region. If politics and more, wasting 468 million our colleagues in this body. there was an issue that I thought the badly needed dollars for defense. Contrary to the gentleman from House leadership would be for, it would What does it mean? For example, Florida [Mr. STEARNS], the committee be for competition, privatization, and each year it is 18 F–16 fighters we can- language changes the 60–40, we do not. saving American taxpayers millions of not buy. Each year it is 58 M–1 main The depot caucus language, if adopted, dollars. But pork barrel politics seem battle tanks that we cannot upgrade. would eliminate public-private com- to be paramount whenever this issue Each year we cannot get the upgrades petition, sole source billions of dollars comes up. of 56 Kiowa Warrior helicopters. We worth of contracts to public depots In the next several days, we will be cannot buy those. We cannot upgrade without the benefits of competition debating how to achieve a balanced other military facilities. We cannot and, finally, force the military to pay budget. With defense dollars being se- take care of the troops. We cannot sup- huge construction costs to accommo- verely constrained for at least the next H4196 CONGRESSIONAL RECORD — HOUSE June 23, 1997 several years, it is critical we spend not to get even with anyone; I offered because politics never intruded into every dollar prudently. And that is why this amendment because of what I see the process. That ended in round four. the Secretary of Defense, William to be serious problems contained in the And all of my colleagues knew at the Cohen, and all defense sector organiza- language of this bill. I have tried to time, and we know now, that the spe- tions strongly support our amendment make it clear to my colleagues on both cial conditions for McClellan and to strike this onerous and harmful lan- sides of this issue that if this language Kelly, California and my own State of guage in this bill. simply calls for the closing of two of Texas, where you might think I have a They know the GAO report is erro- our Air Force bases, I would not be parochial interest, were in a political neous because they know these bases standing here tonight. But, in my opin- invention. will not be open, as the GAO assumes, ion, it goes much farther than that. We talk about this being privatiza- but will be closed. And all this rhetoric I could ask no more than each Mem- tion. No, it is not. It is a new concept. about the cost according to the GAO is ber to vote his conscience. It is privatization in place, created spe- not even on target. The question they Mr. Chairman, I yield back the bal- cifically for these two bases in an elec- answered was not even relevant. Do not ance of my time. tion year for no purpose other than put our military readiness at risk. Do Mr. SPENCE. Mr. Chairman, I yield politics. And that is an intrusion not let a parochial issue take priority such time as she may consume to the against the process that, if we allow to over our national defense. gentlewoman from Florida [Ms. stand, might put in jeopardy any fu- Support the Nation’s military leaders BROWN]. ture base closures through a lack of who made the tough choice. Support 60/ (Ms. BROWN of Florida asked and confidence on the Members of Congress 40 as it has always been. And keep a de- was given permission to revise and ex- that it will be as it was intended to be, cent balance of the workload between tend her remarks.) politically aloof and out of the control Ms. BROWN of Florida. Mr. Chair- the private sector, that might yet have of people for politics, rewards, or pun- man, I would like to enter my objec- to ramp up in procurement, and also ishments. tion to this amendment, this provision, give those in the public facility their This amendment that is offered, that which is the beginning of the end of 60/ was put into the mark by the members chance to live in the future. Let us not 40. bias the decision by taking action on a of the committee, is the necessary re- Mr. Chairman, this amendment is the begin- sponse to that politicization of the bill like this. Let us leave it up to the ning of the end for the 60/40 provision which Defense Department and commissions process in the last round. It is not a protects national security interests by ensuring perfect response and a response that we that have been assigned the role of the majority of mission critical maintenance is making these judgments. intend to work on to fix and repair. Be- conducted by government employees. Further cause in another time and another part Join us and support the Everett- privatization of depot work would restrict the Sabo-Klug-Fazio amendment. Make of my service here, I had the great maintenance capability available to our forces honor of creating the privatization sure you stand up for a BRACC process in times of crisis. that has not been adulterated. And in caucus. 60/40 is an excellent example of private and I believe in privatization. I believe in more important terms, do not bias how public partnerships. Contractors benefit by full, objective, competitive privatiza- work gets done. Let competition pre- being allowed to perform core work where tion, not some creation that has a vail. Let those who can do it for least they have a comparative advantage, and gov- clear, precise, and mandatory geo- cost and best quality benefit by getting ernment employees offer their own acquired graphic locale called privatization in the workload of the defense establish- learning curve in addition to reliability in times place. So, on behalf of both the concept ment in the future. of crisis. of privatization and the integrity of I urge my colleagues to support this If the Everett amendment passes it will open the base-closing process, I ask my col- amendment. the door to full privatization in the military. leagues to please vote no on the Ever- Mr. EVERETT. Mr. Chairman, I yield Most of us know that privatization rarely bene- ett amendment. Let the committee myself my final 2 minutes. fits the middle class working family. Addition- mark stand. Mr. Chairman, my colleagues heard ally, there is no evidence that shows that this I have been assured by the members my colleague, the gentleman from Wis- type of privatization saves any money. I urge of the committee and each of those consin [Mr. KLUG], say the U.S. Cham- you to support the BRAC process, national se- that wrote the amendment that we can ber of Commerce supports privatization curity, and our hard working constituents and do a perfecting of that language so that between private sector and depot level oppose the Everett amendment. we can simultaneously preserve the in- maintenance. Mr. SPENCE. Mr. Chairman, I yield tegrity of base closing for future base- Let me tell my colleagues who sup- the balance of my time to the gen- closing efforts and the integrity of the ports this amendment. Aerospace In- tleman from Texas [Mr. ARMEY]. concept of privatization. dustries Association, American Defense Mr. ARMEY. Mr. Chairman, I thank This is not a matter of what is best Preparedness Association of National the gentleman from South Carolina or desire for each and every one of us Security, the Industrial Association, [Mr. SPENCE] for yielding me the time. from a parochial point of view. This is American Electronics Association, Mr. Chairman, this is a debate that I certainly not a matter of me, as a American Shipbuilding Association, would much rather not find myself par- Texan, taking care of my Texan inter- Business Executives of National Secu- ticipating in. Any of my colleagues ests. It is a matter of demonstrating rity, Contract Services Association, that were here in the legislative years that this Congress can build a process Electronic Industries Association, Pro- of 1987 and 1988 will recall that I spent with integrity and, against even the fessional Services Council, and Ship- almost my entire time during those most powerful influences in our gov- builders Council of America. two years working on the base-closing ernment, can stand to preserve the in- Mr. Chairman, the last two amend- legislation that resulted in the BRAC tegrity of that process for our chil- ments, without question, are truly the Commission. And I recall vividly that I dren’s future, for safer defense, for two hardest amendments this body has spoke to every Member of the House cost-ready defense, and a defense that to debate. The debate on this amend- during that period of time many times. will in fact will meet the needs of our ment has moved across party lines, it And in each and every case, in each and Nation. has moved across philosophical views, every conversation, my job, as an advo- We have overcome old legislative and it has moved across lines of friend- cate of base closures, was to convince barriers. We have overcome old politics ship. It is not easy to be on different the Members that the process would be to do what is right in the allocation of sides of an issue with friends you trust apolitical, that nobody, no President scarce defense dollars. Let us not lose and admire and who you know debate would have the ability to intercede in that game now. Vote no on the Everett our true convictions. the process on behalf of a base to be amendment. Let us fix the committee Yet, my colleagues, I suggest that closed as a punishment against a Mem- language in conference, and let us save that is what this House is all about, a ber or a base to be left open as a reward this process for another round or two. place where sincere people can hold dif- against a Member. No politics. Mrs. CLAYTON. Mr. Chairman, I recognize ferent views and express them openly We had three rounds of base closing, that there are good people on both sides of and freely. I offered this amendment and we are all very proud of the process this issue. June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4197 However, I rise in strong opposition to this average price per barrel of imported oil fell the very law he signed. Congress must have amendment which would strike the bipartisan to $16.78 and is down $5.97 since January. The the fortitude to stand up and force the Presi- bill language on depot maintenance regula- Labor Department reported yesterday, how- dent to abide by the law and not give special ever, that petroleum prices climbed back up tions. 1.2% in May. Excluding fuel, import prices treatment to two bases which were to be As written the bill's language would: slipped 0.1% in May, the fifth consecutive closed under the last BRAC. Ensure that efficient capacity exists in both monthly drop, led by declining prices for There is a lot of talk these days about form- the public and the private sector to meet our capital goods and cars. Overall import prices ing BRAC-like commissions on a whole host depot maintenance needs, were unchanged. of topics. The reason is that BRAC worked, or Restore the integrity of the Base Realign- EXPORTS ALSO SET RECORD at least it used to work. Independent, objec- ment and Closure process, Total exports, meanwhile, rose a slight tive, fairÐthese are words that were used to Support the independent Base Realignment 0.2% in April to $78.36 billion, also a record, describe BRAC. Can we really apply these and Closure process. after surging 5.1% in March. April’s gain was terms anymore? The current provision of 60/40 has worked driven by shipments of capital goods, includ- I urge my colleagues not to give the Presi- well during the harsh economic environment ing telecommunications equipment and in- dent a free ride on this matter. You had to we experienced during the years of BRAC clo- dustrial machinery. All told, the April deficit was 14% below vote yes or no on BRAC without conditions. sure years. the first-quarter average of $9.7 billion. The Don't hold the President to a lower standard. The Everett amendment would erode the better-than-expected rise in exports suggests Vote No! 60/40 provision and will only benefit private that trade should add to second-quarter eco- Mr. BISHOP. Mr. Chairman, I rise in strong contractors and two Air Force bases. nomic growth, after subtracting from it in opposition to the Everett amendment and urge The BRAC Commission found that closure the first quarter, said economist Cheryl Katz my colleagues to support the depot mainte- of these two Air Force Bases would signifi- of Merrill Lynch & Co., New York. Ms. Katz nance provisions included in this bill. This is looking for growth this quarter of about cantly improved utilization of the remaining de- amendment is an attempt to circumvent the pots and reduce DOD operating costs. 2% at an annual rate; in the first, the econ- omy soared at a 5.8% rate. independent BRAC process and put in place a We must respect and abide by the BRAC Also yesterday, the Commerce Department privatization-in-place plan for two bases or- process we cannot allow it to become cor- said the deficit in the broadest measure of dered closed by the BRAC. If we allow these rupted. The BRAC closure process was meant U.S. foreign trade totaled $40.97 billion in the bases to privatize-in-place rather than close, to be insulated from political influence. first quarter, compared with a revised $36.87 we will sustain a costly excess capacity within If you support the non-politicized, non- billion in the final quarter of 1996. The quar- our depot system. partisan BRAC process vote no on this terly current-account deficit is considered There has been a great deal of misinforma- amendment. the most comprehensive gauge of trade per- formance because it measures not only trade tion circulated about the language in the bill. [From the Wall Street Journal, June 20, 1997] in goods and services, but also investment I'll take this opportunity to make a few points U.S. TRADE DEFICIT WIDENED IN APRIL, AS flows between nations, as well as foreign aid. of clarification for the body. This bill does not GAP WITH CHINA CONTINUED TO GROW TEN-YEAR REVISION affect any current private contracts and does (By Christina Duff) The first-quarter report included annual not require any work to be moved into the WASHINGTON.—American businesses im- data revisions that show the U.S. current-ac- public sector; it does not increase the percent- ported lots of clothing, toys and sporting count deficit was substantially smaller dur- age of depot workload performed by the public goods in April—mostly from China—which ing the past 10 years than previously re- sector; it does not require all maintenance on helped to expand modestly the U.S. trade ported. The government revised the current- all new weapons systems to be performed in deficit to a seasonally adjusted $8.36 billion account deficit downward by $72.59 billion for public depots; nor does it preclude the further from $7.76 billion in March. the 10-year period. For all of 1996, the U.S. The deficit with China was 41% higher in downsizing of the government owned depots registered a revised $148.18 billion current- for future BRAC rounds. the first four months of this year than it was account deficit, down from the $165.10 billion in the year-earlier period; in April, tat gap shortfall previously reported. The bill does allow us to move forward with widened to $3.45 billion from $2.41 billion the Meanwhile, other sectors of the economy the intentions and recommendations of the year before. The year-earlier comparison is a are easing. The Labor Department reported BRAC regarding excess capacity in the depot more accurate gauge than month-to-month yesterday that the number of Americans ap- system. By complying with recommendations figures because country breakdowns aren’t plying for state unemployment insurance of BRAC, it also enables us to save the tax- seasonally adjusted. rose 8,000 last week to a seasonally adjusted As Congress gets set to debate the exten- payer's over $689 million a year. In tough 347,000, reflecting some slackening in the budgetary times, we must act to achieve sav- sion of normal trade relations with Beijing, labor market. the widening trade gap with China is sure to The four-week moving average of jobless ings where we can. incite the measure’s opponents, such as orga- claims, considered a better gauge of labor- Additionally, the bill clarifies what operations nized labor. ‘‘This will make the fight a lit- market conditions because it adjusts for are included in the ``term depot maintenance'' tle more fierce on the floor,’’ said economist weekly fluctuations, rose 6,250 in the latest and offers new flexibility by allowing core Brian Horrigan of Loomis Sayles & Co., Bos- week to 335,500, the highest level since early workload requirements to be performed by pri- ton. May. vate sector employees in partnership with or- GAP WITH JAPAN WIDENS ganic depots. It also restricts the Secretary of PARTNERS IN TRADE The China gap is expected sometime this Defense's ability to privatize any workload cur- year to surpass the trade deficit with Japan, [U.S. merchandise trade balances by region; in billions of dollars, not seasonally adjusted] rently performed in depots closed or realigned which swelled in April to $4.84 billion, the by BRAC at those depots unless the Secretary highest since last October. It widened even April, April certifies that, at the time the contract is further in May, based on figures released ear- 1997 1996 lier this week by the Japanese government. signed, each of the services depots is operat- The once-contentious trade gap with Tokyo Japan ...... ¥$4.84 ¥$4.47 ing at an efficiency level of 80 percent, that China ...... ¥3.45 ¥2.41 has begun widening again, after narrowing Mexico ...... ¥1.40 ¥1.64 the total cost to Government is less than con- over the past few years mainly because a Canada ...... ¥0.97 ¥1.55 tinuing to consolidate the workload in existing strong yen made U.S. exports to Japan more NICs 1 ...... ¥0.81 ¥0.37 So./Central America ...... ¥0.80 ¥0.09 depots, and that none of the workload is core. competitive and raised prices of goods Japan W. Europe ...... ¥0.49 ¥0.69 Finally, it directs the Secretary to establish sells here. But the rise of the dollar against 1 policies to enable public private partnerships the yen, until two months ago, altered that Newly industrialized countries: Singapore, Hong Kong, Taiwan, South Korea. at our depots. balance. Source: Commerce Department. Total imports increased 0.9% in April to a I urge my colleague to support the provi- record $86.72 billion, following a 2% jump in Mr. LUCAS of Oklahoma. Mr. Chairman, I sions of the bill. They provide much needed March. Since consumer demand looks to am concerned with the ramifications of this capabilities and enhance our military readi- have slowed in the second quarter, many of amendment. If this is approved, we will be en- ness while saving the money for the American these imported goods may be ‘‘winding up in dorsing the President's decision to contravene taxpayer. Please vote no on the Everett inventory,’’ said economist Mark Vitner of the 1995 BRAC law and giving the green light amendment: First Union Corp., Charlotte, N.C. As a re- sult, retailers may have to cut back their or- to future administrations to do the same thing The CHAIRMAN. The question is on ders. in subsequent rounds of base closings. the amendment, as modified, offered by Imports would have been stronger if not We are engaged today in a regional battle the gentleman from Alabama [Mr. EV- for a sharp drop in oil prices. In April, the because the President refused to implement ERETT]. H4198 CONGRESSIONAL RECORD — HOUSE June 23, 1997 The question was taken; and the Gilman Lucas Rohrabacher AMENDMENT OFFERED BY MR. ROHRABACHER Goode Manzullo Ros-Lehtinen Mr. ROHRABACHER. Mr. Chairman, Chairman announced that the noes ap- Goodlatte Markey Roukema peared to have it. Goodling Martinez Royce as the designee of the gentleman from RECORDED VOTE Goss Mascara Rush New York [Mr. SOLOMON] I offer an Graham McCarthy (NY) Ryun amendment. Mr. EVERETT. Mr. Chairman, I de- Green McCollum Salmon mand a recorded vote. Greenwood McCrery Sanford The CHAIRMAN. The Clerk will des- A recorded vote was ordered. Gutierrez McDade Saxton ignate the amendment. The vote was taken by electronic de- Gutknecht McGovern Scarborough The text of the amendment is as fol- Hall (OH) McHugh Schaefer, Dan lows: vice, and there were—ayes 145, noes 278, Hall (TX) McInnis Schaffer, Bob not voting 11, as follows: Hansen McIntyre Scott Amendment offered by Mr. Rohrabacher: Hastert McKinney Sensenbrenner At the end of title XI (page 371, after line 18), [Roll No. 229] Hastings (FL) McNulty Shadegg insert the following new section: AYES—145 Hastings (WA) Meek Shaw SEC. 1112. PROHIBITION ON USE OF FUNDS FOR Hayworth Menendez Shays Andrews Granger Pastor CERTAIN PURPOSES IN CASE OF Hefley Metcalf Shimkus Baldacci Hamilton Paul TRANSFER OF MISSILE SYSTEM BY Hefner Mica Shuster Barrett (WI) Harman Pelosi RUSSIA. Hill Miller (FL) Sisisky Barton Herger Peterson (MN) Hilliard Mink Skeen (a) IN GENERAL.—No fiscal year 1998 Coop- Becerra Hilleary Pombo Hobson Molinari Skelton erative Threat Reduction funds may, not- Bentsen Hinchey Pomeroy Hoekstra Moran (KS) Smith (MI) withstanding any other provision of law, be Berman Hinojosa Radanovich Holden Morella Smith (NJ) obligated or expended to carry out a Cooper- Berry Hooley Rangel Horn Murtha Smith (OR) Blagojevich Hoyer Reyes ative Threat Reduction program in Russia Hostettler Myrick Smith, Linda Blumenauer Jackson (IL) Riggs after the date on which it is made known to Hulshof Neal Snowbarger Boehlert Jackson-Lee Rodriguez the Secretary of Defense that Russia has Hunter Nethercutt Solomon Bonilla (TX) Roemer Hutchinson Neumann Souder transferred to the People’s Republic of China Boyd John Rogan Hyde Ney Spence an SS–N–22 missile system. Brady Johnson (WI) Rothman Inglis Northup Stearns (b) APPLICABILITY.—This section shall Brown (CA) Johnson, Sam Roybal-Allard Istook Norwood Stenholm apply with respect to any transfer by Russia Brown (OH) Kennedy (RI) Sabo Jefferson Nussle Stokes Burton Kennelly Sanchez of an SS–N–22 missile system to the People’s Jenkins Olver Stump Campbell Kilpatrick Sanders Republic of China that occurs on or after the Johnson (CT) Ortiz Sununu Capps Kim Sandlin date of the enactment of this Act. Johnson, E.B. Oxley Talent Cardin Kind (WI) Sawyer Jones Packard Tauzin The CHAIRMAN. Pursuant to the Clay Kleczka Serrano Kanjorski Pallone Taylor (MS) Clyburn Klug Sessions rule, the gentleman from California, Kaptur Pappas Taylor (NC) Combest LaFalce Sherman Mr. ROHRABACHER, and a Member op- Kasich Parker Thomas Condit Lampson Skaggs Kelly Paxon Thune posed Mr. DELLUMS, each will control 5 Costello Lantos Slaughter Kennedy (MA) Payne Tiahrt minutes. Cramer Levin Smith (TX) Kildee Pease Traficant Davis (FL) Lofgren Smith, Adam The Chair recognizes the gentleman King (NY) Peterson (PA) Upton DeFazio Lowey Snyder Kingston Petri Walsh from California [Mr. ROHRABACHER]. DeLauro Luther Spratt Klink Pickering Wamp Mr. ROHRABACHER. Mr. Chairman, Dellums Maloney (CT) Stabenow Knollenberg Pickett Waters Dingell Manton Stark I yield such time as he may consume to Kolbe Pitts Watkins Dixon Matsui Strickland the distinguished gentleman from Kucinich Porter Watt (NC) Doggett McCarthy (MO) Stupak LaHood Portman Watts (OK) South Carolina [Mr. SPENCE] for the Dooley McDermott Tanner Largent Poshard Weldon (FL) purpose of an announcement. Doolittle McHale Tauscher Latham Price (NC) Weldon (PA) Duncan McKeon Thompson Mr. SPENCE. Mr. Chairman, I would LaTourette Pryce (OH) Weller Edwards Meehan Thornberry Lazio Quinn White just like to inform the House that this Eshoo Millender- Thurman Leach Rahall Whitfield vote on this amendment, I would just Everett McDonald Tierney Lewis (CA) Ramstad Wicker Farr Miller (CA) Torres like to announce that after this amend- Lewis (GA) Redmond Wolf Fattah Minge Turner ment, a 10-minute amendment, there Lewis (KY) Regula Wynn Fazio Moakley Velazquez Linder Riley Young (AK) will be a vote, if called for, and that Foglietta Mollohan Vento Livingston Rivers Young (FL) will be the last vote for the evening. Frank (MA) Moran (VA) Visclosky LoBiondo Rogers Frost Nadler Waxman Even though we will be considering the Furse Oberstar Wexler NOT VOTING—11 en bloc amendments, that would be the Gejdenson Obey Weygand Blunt Lipinski Schumer last vote after this one. Gephardt Owens Wise Mr. ROHRABACHER. Mr. Chairman, Gonzalez Pascrell Woolsey Cox Maloney (NY) Towns Gordon McIntosh Yates I yield myself such time as I may NOES—278 Houghton Schiff consume. Abercrombie Callahan Deutsch b 2214 Mr. Chairman, the SS–N–22 missile Ackerman Calvert Diaz-Balart known as the Sunburn was created by Aderholt Camp Dickey The Clerk announced the following the Soviet Union to attack American Allen Canady Dicks pair: Archer Cannon Doyle warships that are equipped with Aegis On this vote: Armey Carson Dreier cruiser radar and battle management Bachus Castle Dunn Mr. McIntosh for, with Mr. Blunt against. Baesler Chabot Ehlers systems. Baker Chambliss Ehrlich Mr. FORD and Mr. GUTIERREZ changed This missile system, the Sunburn Ballenger Chenoweth Emerson their vote from ‘‘aye’’ to ‘‘no.’’ system, is a system designed to kill Barcia Christensen Engel Messrs. BROWN of Ohio, STARK, and American sailors. The supersonic sea Barr Clayton English Barrett (NE) Clement Ensign SESSIONS changed their vote from ‘‘no’’ skimming missile is extremely difficult Bartlett Coble Etheridge to ‘‘aye.’’ to defend against, and a long-range ver- Bass Coburn Evans So the amendment was rejected. sion of the missile is a dangerous Bateman Collins Ewing The result of the vote was announced Bereuter Conyers Fawell threat to our military personnel, espe- Bilbray Cook Filner as above recorded. cially those on aircraft carriers and Bilirakis Cooksey Flake PERSONAL EXPLANATION other naval personnel. Bishop Coyne Foley In December 1996 a secret agreement Bliley Crane Forbes Mr. COX of California. Mr. Chairman, I was Boehner Crapo Ford necessarily absent for this vote for medical was made between what was the Soviet Bonior Cubin Fowler reasons. Union, now it is Russia, and China to Bono Cummings Fox transfer from Russia to China this Borski Cunningham Franks (NJ) b 2215 Boswell Danner Frelinghuysen deadly American-killing weapon sys- Boucher Davis (IL) Gallegly The CHAIRMAN. Pursuant to section tem. Basically, if the Chinese deploy Brown (FL) Davis (VA) Ganske 5 of House Resolution 169, it is now in this in the Straits of Taiwan, it will Bryant Deal Gekas order to consider amendment No. 35 put our naval personnel in danger. Bunning DeGette Gibbons Burr Delahunt Gilchrest printed in part 2 of House Report 105– Then if it is put in place to threaten Buyer DeLay Gillmor 137. our people in the Straits of Hormuz, June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4199 American naval operations there will is a difference between this and just The CHAIRMAN. The gentleman will be threatened because China is itself a general foreign aid. I am not sure that state his inquiry. supplier of weapons to the Iranians. is clear. Mr. DELLUMS. Mr. Chairman, as I This deadly weapon system, if it is Mr. SPRATT. This is not foreign aid. understand the rule because we are transferred from Russia to China, will This is an investment in our own na- standing in defense of the committee have horrible implications for the safe- tional security. position, that we on this side, have the ty of our naval personnel all over the Here is what is left on the agenda. opportunity to close debate. world and terrible implications for the These are Nunn-Lugar projects on the Is that not correct? peace of mankind. agenda. The CHAIRMAN. The gentleman is The amendment being offered by my Dismantle 130 SS–19 heavy throw- correct. friend, the gentleman from New York weight ICBM’s, dismantle 54 SS–24 mo- Mr. DELLUMS. Then I would suggest [Mr. SOLOMON] and I does not cut off bile ICBM’s, fill in 148 SS–18 silos in that the gentleman use the balance of the Nunn-Lugar funding. I want to Kazakhstan, eliminate 492 SLBM silos, his time. I have one more speaker. stress that the GAO tells us that there destroy 10 more heavy bombers, com- Mr. ROHRABACHER. Mr. Chairman, is still more than $1 billion in the plete the construction of a facility in I yield 11⁄2 minutes to the gentleman Nunn-LUGAR pipeline. At current Siberia to safely store over 12,000 nu- from New York [Mr. SOLOMON]. spending rates, that should cover the clear warheads, dispose of 100,000 met- Mr. SOLOMON. Mr. Chairman, if I program for the next 4 years. ric tons of liquid propellants, scrap 916 heard the last speaker correctly, he If this amendment is adopted, it will ballistic rocket motors. said that the sale of this kind of mis- not affect in the slightest the number That is a concrete list, that is the sile, the SS-N–22, poses no threat to of Russian nuclear weapons that will work order. American strategic concerns. I think be dismantled in 1998; but what this Mr. SKELTON. If the gentleman that is what the gentleman just said. amendment does do, it says that we would yield one more time, in other Let me just say this. Remember the will not add another $200 million to the words this is in our national interests U.S.S. Stark. Ask any of the 37 dead pipeline if this deadly weapon system to do this. sailors that were killed by a missile that the Russians now possess is trans- Mr. SPRATT. These are the accumu- just like this. ferred to the Chinese. We are basically lated work orders for the Nunn-Lugar Mr. Chairman, any Member around saying that the Russians cannot expect program ready to be executed if the here who is concerned about missile to sell deadly weapons, high-tech- gentleman does not stop the funds with proliferation should support this. this ill-considered amendment. For nology weapon systems, aimed at kill- b 2230 ing Americans and expect us to add an- somewhere between $300 and $400 mil- I want my colleagues to make no other $200 billion to the foreign aid lion a year we can destroy nuclear mis- mistake about it. China wants these pipe line. siles that were targeted to us and could I would ask my colleagues to vote have destroyed us throughout 50 years missiles to intimidate and possibly ‘‘yes’’ on the Solomon-Rohrabacher of the cold war. That in my book is sink American ships or kill American amendment. money well spent. sailors. America is engaged in an ex- Mr. Chairman, I reserve the balance This amendment would have us cut traordinary act of generosity, giving of my time. off an investment in our own security American taxpayers’ dollars, and in Mr. DELLUMS. Mr. Chairman, I if the Russians were to sell to the Chi- spite of repeated anti-American Rus- yield 2 minutes to my distinguished nese, listen to this, a cruise missile sian activities like this too numerous colleague, the gentleman from South with a range of 60 nautical miles. This to mention, the Clinton administration Carolina [Mr. SPRATT]. type of missile is already deployed by has opted to maintain an uninter- Mr. SPRATT. Mr. Chairman, I rise in the Indian Navy. It cannot be ignored rupted flow of taxpayer money to Rus- strong opposition to the gentleman’s or dismissed. It is not state-of-the-art, sia. amendment. This amendment would however, by any means, and though it This time, the Russians have gone stop, stop any funds for the so-called can be tipped with a small nuclear war- too far in selling this kind of deadly Nunn-Lugar program from being spent head, it more often carries a conven- weapon to the Chinese, and if our aid if the Russians dare to sell the SS–N–22 tional warhead, and it does not con- cannot induce the Russian government antiship cruise missile to China. The stitute by any stretch of the imagina- to refrain from making this kind of a Nunn-Lugar program, sometimes tion a strategic threat to the United sale which is such a direct threat to known as cooperative threat reduction, States. American citizens, we obviously are helps the Russians to smile at ballistic Russian ICBM’s, however, and Rus- getting nowhere. weapons and store their deadly compo- sian SLBM’s and the fissile materials Let me make the point clear. There nents. Nunn-Lugar is not foreign aid, it that must be secured from nations hos- is $1 billion in the pipeline. This does is not a gratuity. Nunn-Lugar helps tile to the United States are a strate- not cut that off; this simply says to U.S. national security in very direct gic threat. This is not a good amend- Russia, sends them a message, $180 mil- and substantial ways. ment, it is not a good idea. I urge all lion more is not going to be forthcom- Listen to this list. So far Nunn-Lugar Members to vote against the Solomon ing if you directly intimidate the Unit- has helped deactivate 4,500 nuclear amendment. It is not in our national ed States and sell this kind of missile warheads, put over 200 ICBM silos out security interests. to China. of operation, destroyed 20 heavy bomb- Mr. ROHRABACHER. Mr. Chairman, Mr. Chairman, I reserve the balance ers, eliminated 64 submarine-launched I yield myself such time as I may of my time. ballistic missiles and sealed 58 nuclear consume. Mr. ROHRABACHER. Mr. Chairman, testing tunnels. Nunn-Lugar has helped Mr. Chairman, let me just state for I yield the final 30 seconds to the gen- the three former nations of the Soviet the record this does not cut off Nunn- tleman from California [Mr. Union, Ukraine, Belarus, and Lugar funds. There are over a billion CUNNINGHAM]. Kazakhstan totally denuclearize. dollars of American taxpayer funds in Mr. CUNNINGHAM. Mr. Chairman, I This is really one of the crowning the Nunn-Lugar channel in the pipe- have the utmost respect for the gen- successes of the post-cold-war world. It line. It does not touch that billion dol- tleman from North Carolina and the has not gotten nearly the attention lars. It simply says that if they sell gentleman from Missouri. I think it and acclaim that it deserves, and there this missile aimed at killing American has been a good debate. But I want my is much more that Nunn-Lugar has to sailors to the Chinese in order to kill colleagues to remember last year when do. American sailors, we will not add an- China had missiles at Taiwan. Remem- Mr. SKELTON. Mr. Chairman, will other $200 million to that fund. ber the minister when he said, you pre- the gentleman yield? Mr. Chairman, I reserve the balance fer Los Angeles or Taiwan when our Mr. SPRATT. I yield to the gen- of my time. ships start going through the straits? tleman from Missouri. PARLIAMENTARY INQUIRY They can use this missile. It is very Mr. SKELTON. Mr. Chairman, I Mr. DELLUMS. Mr. Chairman, I have difficult to intercept a terminal super- think it is important to point out there a parliamentary inquiry. sonic missile coming inbound at a ship, H4200 CONGRESSIONAL RECORD — HOUSE June 23, 1997 and our Air Force and Navy pilots have This program is the cooperative Mr. HUNTER. Mr. Chairman, I rise to intercept these and it cuts down threat for reduction. It funds support on behalf of the Solomon-Rohrabacher their orders of doing that. of physical elimination of hundreds of amendment. Let me just remind my Mr. DELLUMS. Mr. Chairman, I nuclear weapons and silos and bombers colleagues, the reason why this is a yield 2 minutes to my distinguished and submarines from which weapons reasonable amendment is simply this: colleague, the gentleman from Texas can be launched. If we do not dismantle All of the reductions in Soviet weap- [Mr. THORNBERRY] to close debate on them, they stay there, and if they stay onry that the gentleman enumerated this issue. there, what can they be used for? This have been agreed to by the Soviet Mr. THORNBERRY. Mr. Chairman, I is an easy vote. It is a vote against this Union as part of our arms reductions voted for the Rohrabacher amendment amendment to support the disman- talks. The Soviets agreed to do those to the foreign affairs authorization bill tling. If they are there, they can be reductions on their own with their own a week or so ago. I think it is appro- sold and used for purposes that would taxpayer dollars. They do not nec- priate to use foreign aid as a carrot to not be in our national interests. Con- essarily have a right to our money; we try to get Russia to do what we want tinue our national interests by oppos- are giving them a great deal of money, them to do. But the most important ing this amendment. which is perhaps a good thing, to effec- thing Members have to know about Mr. DELLUMS. Mr. Chairman, in the tuate these reductions. this amendment is it is not foreign aid. remaining time that I have, and I will In light of the money that we are giv- It is spending that is in our best na- move very quickly, first, a letter to the ing the Soviet Union, the hundreds of Speaker of the House from the Sec- tional security interests. It is not a millions of dollars, is it reasonable for retary of Defense, Mr. Cohen, I read in gift. It is money spent that will reduce us to ask them at the same time to re- part: the threat of nuclear weapons which frain from giving a very effective ship- One of the administration’s highest prior- could be used against us. killing capability to China? I think, in As the gentleman has already let us ities is to prevent the proliferation of weap- light of the enormous dollars we have know, it has been used to eliminate ons of mass destruction, particularly from given them, this is a reasonable re- missiles and silos and bombers and sub- Russia and other states of the former Soviet Union. The CTR program is one of the most quest to make to the Russians. And be- marines aimed against us. It is being critical parts of that effort. Congress would cause of that, I strongly support the used to tighten security on nuclear do serious harm to our counter-proliferation Solomon-Rohrabacher amendment. warheads which could be used against programs if it denied DOD the use of CTR This is reasonable; this is judicious, let us. It tightens security on nuclear ma- funds to reduce weapons of mass destruction us do it. terials which could be sent to other in Russia that stem the threat of their pro- countries, which could also be used liferation because of Russia’s short-range The CHAIRMAN. All time has ex- against us. It is used to help make sure transfers. This does not mean that the ad- pired. the expertise on how to build these nu- ministration condones such transfers. On the The question is on the amendment contrary, we are waging a vigorous campaign offered by the gentleman from Califor- clear weapons is not spread throughout on all fronts to prevent weapons prolifera- the world and could be used against us. nia [Mr. ROHRABACHER]. tion. However, it would be folly to respond to The question was taken; and the Now, which of those things is not in an instance of proliferation by removing an the national security interests of the essential counter-proliferation tool. Chairman announced that the noes ap- peared to have it. United States? This money is spent for Secondly, just to reiterate a point us, and it does not matter where else made by my distinguished colleague RECORDED VOTE Russia sends missiles, this money is from South Carolina, nuclear warheads Mr. SOLOMON. Mr. Chairman, I de- still spent for us. deactivated, 4,500; ICBMs destroyed, 81; mand a recorded vote. It is cheaper and wiser to spend ICBM silos eliminated, 125; bombers de- A recorded vote was ordered. money now to prevent nuclear mate- stroyed, 20; SLBM launchers elimi- The vote was taken by electronic de- rials from spreading throughout the nated, 64; nuclear warhead test termi- vice, and there were—ayes 215, noes 206, world and to keep them out of the nals sealed, 58. Three states of the not voting 13, as follows: hands of terrorists and rogue nations former Soviet Union denuclearized, Mr. [Roll No 230] than to deal with the consequences Chairman. In 1991 the four states, nu- AYES—215 after they already get them. clear states in the former Soviet Union Aderholt Collins Goode Of course there is no guarantee the had a total of 10,910 missiles. Today, Archer Combest Goodlatte Russians are not going to waste some there are 6,705. Armey Condit Goodling of the money. Of course there is no Finally, the United States has a di- Bachus Cook Goss guarantee they are not going to mod- Baker Cooksey Granger rect and powerful and urgent interest Ballenger Costello Greenwood ernize their submarines at the same in assisting the Russians in continuing Barcia Crane Gutknecht time, but there is a guarantee that if to dismantle their nuclear weapons and Barr Crapo Hall (OH) we do not do everything we possibly Barrett (NE) Cubin Hall (TX) contain their nuclear materials. The Bartlett Cunningham Hansen can now to contain the nuclear weap- CTR investment is a pennies on the Barton Danner Hastings (WA) ons and the nuclear materials that one dollar investment in enhancing U.S. Bass Davis (VA) Hayworth day we will regret it. national security. Bilbray Deal Hefley I think this is a big mistake to cut Bilirakis DeLay Herger Finally, Mr. Chairman, whatever pol- Bishop Diaz-Balart Hill off the money that needs to be done to icy objections we may have to the Rus- Bliley Dickey Hilleary do that, and I urge my colleagues to sian PCR technical weapons transfers, Boehner Doolittle Hobson vote against the amendment. it does not justify, nor warrant, termi- Bonilla Dreier Hoekstra Mr. DELLUMS. Mr. Chairman, I Bono Duncan Hostettler nating a successful program calculated Brady Dunn Hulshof move to strike the last word. to meet U.S. strategic objectives. Bryant Ehlers Hunter The CHAIRMAN. Under the rule, the For all of those reasons and those Bunning Ehrlich Hutchinson gentleman from California [Mr. DEL- enunciated by my distinguished col- Burr Emerson Inglis LUMS] is recognized for 5 minutes as Burton English Istook leagues who have spoken in opposition Buyer Ensign Jenkins the ranking minority member. to this amendment, I urge my col- Callahan Everett Johnson, Sam Mr. DELLUMS. Mr. Chairman, I leagues to oppose the amendment. Calvert Ewing Jones yield to my distinguished colleague Mr. SPENCE. Mr. Chairman, I move Camp Fawell Kaptur from California [Mr. FARR]. Campbell Foley Kasich to strike the last word. Canady Forbes Kelly Mr. FARR of California. Mr. Chair- The CHAIRMAN. Under the rule, the Cannon Fowler Kim man, I thank the gentleman for yield- gentleman from South Carolina [Mr. Carson Fox Kingston ing. We have a clear choice tonight. We SPENCE], as chairman of the commit- Castle Franks (NJ) Klug have a clear choice to continue along Chabot Gallegly Knollenberg tee, is entitled to 5 minutes. Chambliss Ganske LaHood with cutting out the nuclear arsenal Mr. SPENCE. Mr. Chairman, I will Chenoweth Gekas Largent that the Soviet Union has built up. It not use the whole 5 minutes. I yield to Christensen Gibbons Latham would be foolish not to continue dis- the gentleman from California [Mr. Coble Gillmor LaTourette Coburn Gilman Lazio mantling that. HUNTER]. June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4201 Leach Pease Shimkus Torres Watt (NC) Whitfield Amendment #14, as modified Lewis (CA) Peterson (PA) Skeen Turner Waxman Wise Amendment #16 Lewis (KY) Petri Smith (MI) Velazquez Weldon (PA) Woolsey Amendment #17 Livingston Pickering Smith (OR) Vento Wexler Wynn Amendment #18, as modified LoBiondo Pitts Smith (TX) Visclosky Weygand Amendment #19 Lucas Pombo Smith, Linda Waters White Amendment #20, as modified Manzullo Portman Snowbarger Amendment #21 McCollum Poshard Solomon NOT VOTING—13 Souder Amendment #23 McCrery Pryce (OH) Blunt Lipinski Shuster Amendment #24, as modified McHugh Quinn Spence Cox Maloney (NY) Towns McInnis Radanovich Stearns Davis (FL) McIntosh Yates Amendment #25 McIntyre Ramstad Stenholm Gordon Schiff Amendment #26 McKeon Redmond Stump Houghton Schumer Amendment #27, as modified McNulty Regula Sununu Amendment #28 Metcalf Riggs Talent b 1057 Amendment #29 Mica Riley Tauzin So the amendment was agreed to. Amendment #30 Miller (FL) Rogan Taylor (NC) Amendment #31, as modified Molinari Rogers Thomas The result of the vote was announced Amendment #32 Moran (KS) Rohrabacher Thune as above recorded. Amendment #33, as modified Myrick Ros-Lehtinen Tiahrt PERSONAL EXPLANATION Amendment #36 Nethercutt Roukema Traficant Amendment #37 Neumann Royce Upton Mr. COX of California. Mr. Chairman, I was Amendment #38 Ney Ryun Walsh necessarily absent for this vote for medical Wamp Amendment #39, as modified Northup Salmon reasons. Amendment #40 Norwood Sanford Watkins Nussle Saxton Watts (OK) AMENDMENTS EN BLOC OFFERED BY MR. SPENCE Amendment in order under section 8(d) of Packard Scarborough Weldon (FL) Mr. SPENCE. Mr. Chairman, pursu- H.Res. 169, as modified Pappas Schaefer, Dan Weller AMENDMENT TO H.R. 1119, AS REPORTED Parker Schaffer, Bob Wicker ant to section 3 of House Resolution OFFERED BY MR. BARRETT OF NEBRASKA Pascrell Sensenbrenner Wolf 169, I offer an en bloc amendment con- Pastor Sessions Young (AK) sisting of the following amendments (Amdt #2 in Part 2 of House Report 105–137) Paul Shadegg Young (FL) printed in part 2 of House Report 105– At the end of title X (page 360, after line 8) Paxon Shaw 137: insert the following new section: Amendments 2 and 3; Amendments 4 SEC. 1060. STUDY OF UNITED STATES CAPACITOR NOES—206 AND RESISTOR INDUSTRIES. Abercrombie Gephardt Millender- and 5 each as modified; Amendments 6, The Secretary of Defense shall conduct a Ackerman Gilchrest McDonald 7, 8, 9, 10, 11, 12 and 13; Amendment 14, study to assess the capacitor and resistor in- Allen Gonzalez Miller (CA) as modified; Amendment 16 and 17; dustries in the United States in order to de- Andrews Graham Minge Baesler Green Mink Amendment 18, as modified; Amend- termine— Baldacci Gutierrez Moakley ment 19; Amendment 20, as modified; (1) the importance of such industries to the Barrett (WI) Hamilton Mollohan Amendments 21 and 23; Amendment 24, national defense and the defense mobiliza- Bateman Harman Moran (VA) as modified; Amendments 25 and 26; tion base; and Becerra Hastert Morella Amendment 27, as modified; Amend- (2) whether such industries are in danger of Bentsen Hastings (FL) Murtha being critically weakened because of the re- Bereuter Hefner Nadler ments 28, 29, 30; Amendment 31, as moval of tariffs on imports under the Infor- Berman Hilliard Neal modified; Amendment 32; Amendment Berry Hinchey Oberstar mation Technology Agreement. Blagojevich Hinojosa Obey 33, as modified; Amendments 36, 37 and AMENDMENT TO H.R. 1119, AS REPORTED Blumenauer Holden Olver 38; Amendment 39, as modified; Amend- OFFERED BY MR. BARTLETT OF MARYLAND Boehlert Hooley Ortiz ment 40; and the Amendment printed (Amdt #3 in part 2 of House Report 105–137) Bonior Horn Owens in section 8(d) of House Resolution 169, Borski Hoyer Oxley Strike out section 217 (page 33, lines 13 Boswell Hyde Pallone as modified; through 23). Boucher Jackson (IL) Payne The CHAIRMAN. The Clerk will des- MODIFICATION TO THE AMENDMENT OFFERED Boyd Jackson-Lee Pelosi ignate the amendments en bloc and re- Brown (CA) (TX) Peterson (MN) BY MR. BEREUTER OF NEBRASKA Brown (FL) Jefferson Pickett port the modifications. (Amdt #4 in Part 2 of House Report 105–137) Brown (OH) John Pomeroy The Clerk designated the amend- The amendment as modified is as follows: Capps Johnson (CT) Porter ments and reported the modifications, At the end of title XII (page 379, after line Cardin Johnson (WI) Price (NC) as follows: Clay Johnson, E.B. Rahall 19), insert the following new section: Clayton Kanjorski Rangel Amendments en bloc offered by Mr. SEC. 1205. SENSE OF THE CONGRESS RELATING Clement Kennedy (MA) Reyes SPENCE of South Carolina consisting of TO LEVEL OF UNITED STATES MILI- Clyburn Kennedy (RI) Rivers the following amendments in part 2 of TARY PERSONNEL IN THE ASIA AND Conyers Kennelly Rodriguez PACIFIC REGION. Coyne Kildee Roemer House Report 105–137: Amendment 2, 3; (a) FINDINGS.—The Congress finds the fol- Cramer Kilpatrick Rothman 4, as modified; 5, as modified; 6, 7, 8, 9, lowing: Cummings Kind (WI) Roybal-Allard 10, 11, 12, 13; 14, as modified; 16, 17; 18, (1) The stability of the Asia-Pacific region Davis (IL) King (NY) Rush as modified; 19; 20, as modified; 21, 23; is a matter of vital national interest affect- DeFazio Kleczka Sabo DeGette Klink Sanchez 24, as modified; 25, 26; 27, as modified; ing the well-being of all Americans. Delahunt Kolbe Sanders 28, 29, 30; 31, as modified; 32; 33 as modi- (2) The nations of the Pacific Rim collec- DeLauro Kucinich Sandlin fied; 36, 37, 38; 39, as modified; 40; and tively represent the United States largest Dellums LaFalce Sawyer the amendment in order under section trading partner and are expected to account Deutsch Lampson Scott for almost one-third of the world’s economic Dicks Lantos Serrano 8(d) of House Resolution 169, as modi- activity by the start of the next century. Dingell Levin Shays fied. (3) The increased reliance by the United Dixon Lewis (GA) Sherman Doggett Linder Sisisky Amendments En Bloc to H.R. 1119, as States on trade and Middle East oil sources Dooley Lofgren Skaggs Reported has reinforced United States security inter- Doyle Lowey Skelton Offered by Mr. Spence ests in the Southeast Asia shipping lanes Edwards Luther Slaughter through the South China Sea and the key of South Carolina Engel Maloney (CT) Smith (NJ) straits of Malacca, Sunda, Lombok, and Ma- Eshoo Manton Smith, Adam (Amdts in Part 2 of House Report 105–137) kassar. Etheridge Markey Snyder Amendment #2 (4) The South China Sea is a vital conduit Evans Martinez Spratt Farr Mascara Stabenow Amendment #3 for United States Navy ships passing from Fattah Matsui Stark Amendment #4, as modified the Pacific to the Indian Ocean and the Per- Fazio McCarthy (MO) Stokes Amendment #5, as modified sian Gulf. Filner McCarthy (NY) Strickland Amendment #6 (5) Maintaining freedom of navigation in Flake McDade Stupak Amendment #7 the South China Sea is a fundamental inter- Foglietta McDermott Tanner Amendment #8 est of the United States. Ford McGovern Tauscher Amendment #9 (6) The threats of proliferation of weapons Frank (MA) McHale Taylor (MS) Frelinghuysen McKinney Thompson Amendment #10 of mass destruction, the emerging national- Frost Meehan Thornberry Amendment #11 ism amidst long-standing ethnic and na- Furse Meek Thurman Amendment #12 tional rivalries, and the unresolved terri- Gejdenson Menendez Tierney Amendment #13 torial disputes combine to create a political H4202 CONGRESSIONAL RECORD — HOUSE June 23, 1997 landscape of potential instability and con- (b) SENSE OF THE CONGRESS.—It is the sense (1) offer potential RAH–66 Air Vehicle and flict in this region that would jeopardize the of the Congress that the United States T800 engine cost, schedule, and technical interests of the United States and the safety should maintain approximately 100,000 Unit- risk reduction; and of United States nationals. ed States military personnel in the Asia and (2) include cooperative efforts with other (7) A critical component of the East Asia Pacific region until such time as there is a Government agencies such as the National strategy of the United States is maintaining peaceful and permanent resolution to the Guard (UH–1H engine technology insertion), forward deployed forces in Asia to ensure major security and political conflicts in the the Defense Advanced Research Projects broad regional stability, to help to deter ag- region. Agency, and other research and development gression, to lessen the pressure for arms MODIFICATION TO THE AMENDMENT OFFERED programs of the military departments. races, and to contribute to the political and BY MR. BRADY OF TEXAS AMENDMENT TO H.R. 1119, AS REPORTED economic advances of the region from which (Amdt #5 in Part 2 of House Report 105–137) OFFERED BY MR. FALEOMAVAEGA OF the United States benefits. (8) The forward presence of the United The amendment as modified is as follows: AMERICAN SAMOA States in Northeast Asia enables the United At the end of title X (page 360, after line 8), (Amdt #9 in Part 2 of House Report 105–137) States to respond to regional contingencies, insert the following new section: At the end of title V (page 204, after line to protect sea lines of communication, to SEC. ll. SENSE OF CONGRESS ON DEPLOYMENT 16), insert the following new section: sustain influence, and to support operations OF UNITED STATES ARMED FORCES ABROAD FOR ENVIRONMENTAL SEC. 572. REPORT ON MAKING UNITED STATES as distant as operations in the Persian Gulf. PRESERVATION ACTIVITIES. NATIONALS ELIGIBLE FOR PARTICI- (9) The military forces of the United States PATION IN SENIOR RESERVE OFFI- (a) SENSE OF CONGRESS.—It is the sense of CERS’ TRAINING CORPS. serve to prevent the political or economic Congress that United States Armed Forces (a) REPORT.—Not later than 180 days after control of the Asia-Pacific region by a rival, should not be deployed outside the United the date of the enactment of this Act, the hostile power or coalition of such powers, States to provide assistance to another na- thus preventing any such group from obtain- Secretary of Defense shall submit to the tion in connection with environmental pres- ing control over the vast resources, enor- Committee on National Security of the ervation activities in that nation. mous wealth, and advanced technology of House of Representatives and the Committee (b) SCOPE OF SECTION.—For purposes of this on Armed Services of the Senate a report on the region. section, environmental preservation activi- the utility of permitting United States na- (10) Allies of the United States in the re- ties do not include activities undertaken for tionals to participate in the Senior Reserve gion can base their defense planning on a re- humanitarian purposes, disaster relief ac- liable American security commitment, a re- Officers’ Training Corps program. tivities, peacekeeping activities, or oper- duction of which could stimulate an arms (b) REQUIRED INFORMATION.—The Secretary ational training activities. buildup in the region. shall include in the report the following in- (11) The Joint Announcement of the United AMENDMENT TO H.R. 1119, AS REPORTED formation: States-Japan Security Consultative Commit- OFFERED BY MR. BUYER OF INDIANA (1) A brief history of the prior admission of tee of December 1996, acknowledged that (Amdt #6 in Part 2 of House Report 105–137) United States nationals to the Senior Re- ‘‘the forward presence of U.S. forces contin- At the end of subtitle B of title VI (page serve Officers’ Training Corps, including the ues to be an essential element for pursuing 247, after line 13), insert the following new success rate of these cadets and midshipmen our common security objectives’’. section: and how that rate compared to the average (12) The administration has committed it- SEC. 623. EXPANSION OF RESERVE AFFILIATION success rate of cadets and midshipmen dur- self on numerous occasions to maintain ap- BONUS TO INCLUDE COAST GUARD ing that same period. proximately 100,000 troops in the region, RESERVE. (2) The advantages of permitting United most recently by the President in Australia, Section 308e of title 37, United States Code, States nationals to participate in the Senior the Secretary of Defense in the Quadrennial is amended— Reserve Officers’ Training Corps program. Defense Review, and the Secretary of State (1) in subsection (a), by striking out (3) The disadvantages of permitting United in the Republic of Korea. ‘‘Under regulations prescribed by the Sec- States nationals to participate in the Senior (13) The United States and Japan signed retary of Defense, the Secretary of a mili- Reserve Officers’ Training Corps program. the United States-Japan Security Declara- tary department’’ and inserting in lieu (4) The incremental cost of including Unit- tion in April 1996, in which the United States thereof ‘‘The Secretary concerned’’; ed States nationals in the Senior Reserve Of- reaffirmed its commitment to maintain this (2) in subsection (b)(3), by striking out ficers’ Training Corps. level of 100,000 United States military per- ‘‘designated by the Secretary of Defense for (5) Methods of minimizing the risk that sonnel in the region. the purposes of this section’’ and inserting in United States nationals admitted to the Sen- (14) The United States military presence is lieu thereof ‘‘designated for purposes of this ior Reserve Officers’ Training Corps would be recognized by the nations of the region as section in the regulations prescribed under later disqualified because of ineligibility for serving stability and signaling United States subsection (f)’’; United States citizenship. engagement. (3) in subsection (c)(3), by striking out (6) The recommendations of the Secretary (15) The nations of East Asia and the Pa- ‘‘regulations prescribed by the Secretary of on whether United States nationals should cific consider the commitment of the forces Defense’’ and inserting in lieu thereof ‘‘the be eligible to participate in the Senior Re- of the United States to be so vital to their regulations prescribed under subsection (f)’’; serve Officers’ Training Corps program, and future that they scrutinize actions of the and if so, a legislative proposal which would, if United States for any sign of weakened com- (4) by adding at the end the following new enacted, achieve that result. mitment to the security of the region. subsection: AMENDMENT TO H.R. 1119, AS REPORTED (16) The reduction of forward-based mili- ‘‘(f) This section shall be administered OFFERED BY MR. FRELINGHUYSEN OF NEW tary forces could negatively affect the abil- under regulations prescribed by the Sec- JERSEY ity of the United States to contribute to the retary of Defense for the armed forces under maintenance of peace and stability of the the jurisdiction of the Secretary of Defense (Amdt #10 in Part 2 of House Report 105–137) Asia and Pacific region. and by the Secretary of Transportation for At the end of title XXXVI (page 540, after (17) Recognizing that while the United the Coast Guard when the Coast Guard is not line 3), insert the following new section: States must consider the overall capabilities operating as a service in the Navy.’’. SEC. ll. DETERMINATION OF GROSS TONNAGE of its forces in its decisions to deploy troops, AMENDMENT TO H.R. 1119, AS REPORTED FOR PURPOSES OF TANK VESSEL nevertheless any reduction in the number of DOUBLE HULL REQUIREMENTS. forward-based troops may reduce the percep- OFFERED BY MR. COBURN OF OKLAHOMA Section 3703a of title 46, United States tion of American capability and commit- (Amdt #7 in Part 2 of House Report 105–137) Code, is amended by adding at the end the ment in the region that cannot be com- At the end of subtitle A of title X (page 320, following: pletely offset by modernization of the re- after line 12), add the following new section: ‘‘(e) For purposes of this section, the gross maining forces. SEC. 1008. UNITED STATES MAN AND THE BIO- tonnage of a vessel for which a tonnage cer- (18) During time of crisis, redeployment of SPHERE PROGRAM LIMITATION. tificate was issued or accepted by the Sec- forces previously removed from the area No funds appropriated pursuant to this Act retary under this title before July 1, 1997, might itself be deemed an act of provocation shall be used for the United States Man and shall be the gross tonnage of the vessel stat- that could be used as a pretext by a hostile Biosphere Program, or related projects. ed on the most recent such certificate.’’. power for armed aggression within the re- AMENDMENT TO H.R. 1119, AS REPORTED AMENDMENT TO H.R. 1119, AS REPORTED gion, and the existence of that possibility OFFERED BY MR. EVERETT OF ALABAMA OFFERED BY MR. FARR OF CALIFORNIA might hinder such a deployment. (19) Proposals to reduce the forward pres- (Amdt #8 in part 2 of House Report 105–137) (Amdt #11 in Part 2 of House Report 105–137) ence of the United States in Asia or dras- At the end of subtitle B of title II (page 34, Page 411, in the table in section 2702(b) re- tically subordinate security interests to after line 7) insert the following new section: lating to extension of Army National Guard United States domestic budgetary concerns SEC. 219. COMANCHE PROGRAM. project authorizations, add an item, in the can erode the perception of the commitment The Congress supports the Army in its Co- amount of $3,910,000, for the modify record of the United States to its alliances and in- manche program technology transfer and ac- fire range/maintenance shop construction terests in the region. quisition efforts, which— project at Camp Roberts, California. June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4203

AMENDMENT TO H.R. 1119, AS REPORTED (b) ADDITIONAL POINTS.—Section 3309(2) of transferee under this subsection. The Sec- OFFERED BY MRS. FOWLER OF FLORIDA such title is amended by striking retary shall include in an agreement for such (Amdt #12 in Part 2 of House Report 105–137) ‘‘2108(3)(A)’’ and inserting ‘‘2108(3)(A)–(B)’’. a sale or lease a provision addressing indem- (c) TECHNICAL AMENDMENTS.—Section nification for such an action. Page 377, after line 4, insert the following: 2108(1)(B) of such title is further amended— (2) Nothing in this section shall be con- (4) Efforts by the People’s Republic of (1) by striking ‘‘the date of enactment of strued as affecting or modifying in any way China to enhance its capabilities in the area the Veterans’ Education and Employment section 120(h) of the Comprehensive Environ- nuclear weapons development. Assistance Act of 1976,’’ and inserting ‘‘Octo- mental Response, Compensation, and Liabil- Page 377, after line 16, insert the following: ber 15, 1976,’’; and ity Act of 1980 (42 U.S.C. 9620(h)). (7) Development by the People’s Republic (2) by striking ‘‘511(d) of title 10’’ and in- (c) DEFINITIONS.—In this section: of China of capabilities in the area of elec- serting ‘‘12103(d) of title 10’’. (1) The term ‘‘Department of Energy de- tronic warfare. fense nuclear facility’’ has the meaning pro- Page 378, after line 12, insert the following: AMENDMENT TO H.R. 1119, AS REPORTED vided by section 318 of the Atomic Energy (12) Efforts by the People’s Republic of OFFERED BY MR. GALLEGLY OF CALIFORNIA Act of 1954 (42 U.S.C. 2286g). China in the area of telecommunications, in- (Amdt #16 in Part 2 of House Report 105–137) (2) The term ‘‘transferee’’ means a person cluding common channel signaling and syn- At the end of title X (page 360, after line 8), to which real property is transferred pursu- chronous digital hierarchy technologies. insert the following new section: ant to the guidelines issued under subsection (13) Development by People’s Republic of SEC. ll. STUDY OF TRANSFER OF MODULAR (a). China of advanced aerospace technologies AIRBORNE FIRE FIGHTING SYSTEM. (3) The terms ‘‘hazardous substance’’, ‘‘re- with military applications (including gas Not later than six months after the date of lease’’, and ‘‘pollutant or contaminant’’ have turbine ‘‘hot section’’ technologies). the enactment of this Act, the Secretary of the meanings provided by section 101 of the Page 379, after line 3, insert the following: Defense, in consultation with the Secretary Comprehensive Environmental Response, (17) Efforts by the People’s Republic of of Agriculture, shall submit to Congress a re- Compensation, and Liability Act of 1980 (42 China to develop its anti-submarine warfare port evaluating the feasibility of transfer- U.S.C. 9601). capabilities. ring jurisdiction over units of the Modular Page 379, after line 6, insert the following: AMENDMENT TO H.R. 1119, AS REPORTED Airborne Fire Fighting System from the De- (19) Efforts by the People’s Republic of OFFERED BY MR. HASTERT OF ILLINOIS partment of Agriculture to the Department China to enhance its capabilities in such ad- of Defense. (Amdt #19 in Part 2 of House Report 105–137) ditional areas of strategic concern as the At the end of subtitle C of title X (page 326, Secretary identifies. AMENDMENT TO H.R. 1119, AS REPORTED after line 6), insert the following new sec- (c) ANALYSIS OF IMPLICATIONS OF SALES OF OFFERED BY MR. GEKAS OF PENNSYLVANIA tion: PRODUCTS AND TECHNOLOGIES TO ENTITIES IN (Amdt #17 in Part 2 of House Report 105–137) SEC. 1032. ANNUAL REPORT ON DEVELOPMENT CHINA.—The report under subsection (a) shall Page 411, in the table in section 2702(b) re- AND DEPLOYMENT OF NARCOTICS include, with respect to each area for analy- lating to extension of Army National Guard DETECTION TECHNOLOGIES. ses and forecasts specified in subsection (b)— project authorizations, add an item, in the (a) REPORT REQUIREMENT.—Not later than (1) an assessment of the implications of amount of $6,200,000, for a barracks construc- December 1st of each year, the Director of sales of United States and foreign products tion project at Fort Indiantown Gap, Penn- the Office of National Drug Control Policy and technologies to entities in the People’s sylvania. shall submit to Congress and the President a Republic of China; and report on the development and deployment (2) the potential threat of developments in MODIFICATION TO THE AMENDMENT OFFERED BY MR. HALL OF OHIO of narcotics detection technologies by Fed- that area to United States strategic inter- eral agencies. Each such report shall be pre- (Amdt #18 in Part 2 of House Report 105–137) ests. pared in consultation with the Secretary of Redesignate the paragraphs of section The amendment as modified is as follows: Defense, the Secretary of State, the Sec- 1203(b) accordingly. At the end of title XXXI (page 493, after retary of Transportation, and the Secretary Page 379, line 7, strike out ‘‘(c)’’ and insert line 17), add the following new section: of the Treasury. in lieu thereof ‘‘(d)’’. SEC. 3152. TRANSFERS OF REAL AND PERSONAL (b) MATTERS TO BE INCLUDED.—Each report AMENDMENT TO H.R. 1119, AS REPORTED PROPERTY AT CERTAIN DEPART- under subsection (a) shall include— OFFERED BY MR. FOX OF PENNSYLVANIA MENT OF ENERGY FACILITIES. (1) a description of each project imple- (a) TRANSFER GUIDELINES.—(1) The Sec- (Amdt #13 in Part 2 of House Report 105–137) mented by a Federal agency relating to the retary of Energy shall issue guidelines for development or deployment of narcotics de- At the end of section 1054 (page 348, after the transfer by sale or lease of real and per- line 18), insert the following new subsection: tection technology; sonal property at Department of Energy de- (2) the agency responsible for each project (j) DAILY DISPLAY OF FLAG AT DEPARTMENT fense nuclear facilities in consultation with OF VETERANS AFFAIRS MEDICAL CENTERS.—In described in paragraph (1); the community reuse organizations associ- (3) the amount of funds obligated or ex- addition to the display required by sub- ated with the facilities and the local govern- section (a), the POW/MIA flag shall be dis- pended to carry out each project described in ments within whose jurisdiction the facili- paragraph (1) during the fiscal year in which played on, or on the grounds of, each Depart- ties are located. The Secretary shall issue ment of Veterans Affairs medical center on the report is submitted or during any fiscal the guidelines not later than 90 days after year preceding the fiscal year in which the every day on which the flag of the United the date of the enactment of this Act. States is displayed. report is submitted; (2)(A) The Secretary of Energy may not (4) the amount of funds estimated to be ob- MODIFICATION TO THE AMENDMENT OFFERED transfer real or personal property under the ligated or expended for each project de- BY MR. FOX OF PENNSYLVANIA guidelines issued under paragraph (1) until— scribed in paragraph (1) during any fiscal (Amdt #14 in Part 2 of House Report 105–137) (i) the Secretary submits a notification of year after the fiscal year in which the report The amendment as modified is as follows: the proposed transfer to the congressional is submitted to Congress; and At the end of subtitle C of title III (page 67, defense committees; and (5) a detailed timeline for implementation after line 19), insert the following new sec- (ii) a period of 30 days of continuous ses- of each project described in paragraph (1). tion: sion of Congress has expired following the date on which the notification is submitted. MODIFICATION TO THE AMENDMENT OFFERED SEC. 323. VETERANS’ PREFERENCE STATUS FOR BY MR. HASTINGS OF WASHINGTON CERTAIN VETERANS WHO SERVED (B) For purposes of subparagraph (A)(ii), ON ACTIVE DUTY DURING THE PER- the continuity of a session of Congress is (Amdt #20 in Part 2 of House Report 105–137) SIAN GULF WAR. broken only by an adjournment of the Con- The amendment as modified is as follows: (a) DEFINITION OF VETERAN FOR PURPOSES gress sine die, and the days on which either At the end of title XXXI (page 493, after OF PREFERENCE ELIGIBLE STATUS.—Section House is not in session because of an ad- line 17), insert the following new section: 2108 of title 5, United States Code, is amend- journment of more than three days to a day SEC. 3152. REQUIREMENT TO DELEGATE CER- ed— certain are excluded in the computation of TAIN AUTHORITIES TO SITE MAN- (1) in paragraph (1)— such 30-day period. AGER OF HANFORD RESERVATION. (A) by striking ‘‘or’’ at the end of subpara- (b) INDEMNIFICATION.—(1) In the sale or Section 3173(b) of the National Defense Au- graph (A); lease of real or personal property pursuant thorization Act for Fiscal Year 1997 (Public (B) by inserting ‘‘or’’ at the end of subpara- to the guidelines issued under subsection (a), Law 104–201; 110 Stat. 2848; 42 U.S.C. 7274k) is graph (B); and the Secretary of Energy may indemnify a amended— (C) by inserting after subparagraph (B) the transferee against an action for injury to (1) in paragraph (1), by striking out ‘‘In ad- following new subparagraph: person or property resulting from the release dition’’ and inserting in lieu thereof ‘‘Except ‘‘(C) served on active duty as defined by or threatened release of a hazardous sub- as provided in paragraph (5), in addition’’; section 101(21) of title 38 in the armed forces stance or pollutant or contaminant as a re- and during the period beginning on August 2, sult of Department of Energy activities. Be- (2) by adding at the end the following new 1990, and ending on January 2, 1992;’’; and fore such a sale or lease, the Secretary shall paragraph: (2) in paragraph (3)(B), by inserting ‘‘or notify the transferee that the Secretary has ‘‘(5) In the case of the Hanford Reserva- (C)’’ after ‘‘paragraph (1)(B)’’. authority to provide indemnification to the tion, Richland, Washington, the Secretary H4204 CONGRESSIONAL RECORD — HOUSE June 23, 1997 shall delegate to the Site Manager the au- appropriations in section 3103(6), the Sec- with organizing, administering, recruiting, thority described in paragraph (1). The Sec- retary of Energy may use an amount not ex- instructing, or training their respective re- retary may withdraw the delegated author- ceeding $44,000,000 for implementation of the serve components. ity if the Secretary— workforce restructuring plans for contractor MODIFICATION TO THE AMENDMENT OFFERED ‘‘(A) determines that the Site Manager of employees, to be derived from excess unobli- BY MR. METCALF OF WASHINGTON the Hanford Reservation has misused or mis- gated and available funds. (Amdt #24 in Part 2 of House Report 105–137) applied that authority; and (f) REVISIONS TO DEFENSE NUCLEAR FACILI- The amendment as modified is as follows: ‘‘(B) the Secretary submits to Congress a TIES WORKFORCE RESTRUCTURING PLAN RE- At the end of title VII (page 288, after line notification of the Secretary’s intent to QUIREMENTS.— 21), insert the following new section: withdraw the authority.’’. (1) REVISION OF PERIOD FOR NOTIFICATION OF SEC. ll. SENSE OF CONGRESS CONCERNING AMENDMENT TO H.R. 1119, AS REPORTED CHANGES IN WORKFORCE.—Section 3161(c)(1)(B) GULF WAR ILLNESS. OFFERED BY MR. HASTINGS OF WASHINGTON of the National Defense Authorization Act (a) FINDINGS.—Congress makes the follow- for Fiscal Year 1993 (42 U.S.C. 7274h(c)(1)(B)) (Amdt #21 in Part 2 of House Report 105–137) ing findings: is amended by striking out ‘‘120’’ and insert- (1) Americans served in the Persian Gulf Strike out section 3143 (page 484, line 10 ing in lieu thereof ‘‘90’’. through page 485, line 16) and insert in lieu Conflict of 1991 in defense of vital national (2) REPEAL OF REQUIREMENT FOR SUBMISSION thereof the following: security interests of the United States. TO CONGRESS.—Subsection (f) of section 3161 (2) It was known to United States intel- SEC. 3143. STUDY AND FUNDING RELATING TO of such Act is repealed. IMPLEMENTATION OF WORKFORCE ligence and military commanders that bio- (3) PROHIBITION ON USE OF FUNDS FOR LOCAL RESTRUCTURING PLANS. logical and chemical agents were in theater IMPACT ASSISTANCE.—None of the funds au- (a) STUDY REQUIREMENT.—The Secretary of throughout the conflict. Energy shall conduct a study on the effects thorized to be appropriated to the Depart- (3) An undetermined amount of these of workforce restructuring plans for defense ment of Energy pursuant to section 3103(6) agents were released into theater. nuclear facilities developed pursuant to sec- may be used for local impact assistance from (4) A large number of United States mili- tion 3161 of the National Defense Authoriza- the Department of Energy under section tary veterans and allied veterans who served tion Act for Fiscal Year 1993 (42 U.S.C. 3161(c)(6) of such Act (42 U.S.C. 7274h(c)(6)) in the Southwest Asia theater of operations 7274h). until— have been stricken with a variety of severe (b) MATTERS COVERED BY STUDY.— The (A) with respect to assistance referred to illnesses. study shall cover the four-year period pre- in section 3161(c)(6)(A) of such Act, the Sec- (5) Previous efforts to discern the causes of ceding the date of the enactment of this Act retary of Energy coordinates with and ob- those illnesses have been inadequate, and and shall include the following: tains approval of the Secretary of Labor; and those illnesses are affecting the health of (1) An analysis of the number of jobs cre- (B) with respect to assistance referred to in both veterans and their families. ated under workforce restructuring plans de- section 3161(c)(6)(C) of such Act, the Sec- (b) SENSE OF CONGRESS.—It is the sense of veloped pursuant to section 3161 of the Na- retary of Energy coordinates with and ob- Congress that all promising technology and tional Defense Authorization Act for Fiscal tains approval of the Secretary of Com- treatments relating to Gulf War illnesses Year 1993 (42 U.S.C. 7274h). merce. should be fully explored and tested to facili- (2) An analysis of other benefits provided (4) SEMIANNUAL REPORT TO CONGRESS OF tate treatment for members of the Armed pursuant to such plans and through commu- LOCAL IMPACT ASSISTANCE.—Every six months Forces and veterans who served the United nity reuse organizations. the Secretary of Energy shall submit to Con- States in the Persian Gulf conflict and are (3) A description of the funds expended, and gress a report setting forth a description of, stricken with unexplainable illness. and the value of, all local impact assistance the funds obligated but not expended, pursu- AMENDMENT TO H.R. 1119, AS REPORTED provided under section 3161(c)(6) of such Act. ant to such plans as of the date of the report. OFFERED BY MR. PICKETT OF VIRGINIA (4) A description of the criteria used since (g) EFFECT ON USEC PRIVATIZATION ACT.— (Amdt #25 in part 2 of House Report 105–137) October 23, 1992, in providing assistance pur- Nothing in this section shall be construed as suant to such plans. diminishing the obligations of the Secretary At the end of subtitle B of title II (page 34, (5) A comparison of the benefits provided of Energy under section 3110(a)(5) of the after line 7), insert the following new sec- pursuant to such plans— USEC Privatization Act (Public Law 104–134; tion: (A) to employees whose employment at fa- 110 Stat. 1321–341; 42 U.S.C. 2297h–8(a)(5)). SEC. 219. LAND ATTACK STANDARD MISSILE. cilities covered by such plans is terminated; (h) DEFINITIONS.—In this section: Of the amount provided in section 201(2) for and (1) The term ‘‘defense nuclear facility’’ has research, development, test, and evaluation (B) to employees whose employment at fa- the meaning provided the term ‘‘Department for the Navy— cilities where more than 50 percent of the of Energy defense nuclear facility’’ in sec- (1) the amount available for program ele- revenues are derived from contracts with the tion 3163 of the National Defense Authoriza- ment 63695N for the Land Attack Technology Department of Defense is terminated. tion Act for Fiscal Year 1993 ( Public Law program is increased by $10,000,000, to be (c) CONDUCT OF STUDY.—(1) The study shall 102–484; 42 U.S.C. 7274j). available for flight test demonstration and be conducted through a contract with a pri- (2) The term ‘‘contractor employee’’ means risk reduction activities for the Land Attack vate auditing firm with which the Depart- an employee of a contractor or subcontrac- Standard Missile; ment of Energy has no other auditing con- tor of the Department of Energy at a defense (2) the amount available for program ele- tracts. nuclear facility. ment 62317N (Air Systems and Weapons Ad- (2)(A) The Secretary of Energy may not AMENDMENT TO H.R. 1119, AS REPORTED vance Technology) is reduced by $5,000,000; enter into the contract for the conduct of OFFERED BY MS. EDDIE BERNICE JOHNSON OF and the study until— TEXAS (3) the amount available for program ele- (i) the Secretary submits a notification of ment 63508N (Ship Hull Mechanical and Elec- the proposed contract award to the congres- (Amdt #23 in Part 2 of House Report 105–137) trical Technology) is reduced by $5,000,000. At the end of subtitle C of title V (page 142, sional defense committees; and AMENDMENT TO H.R. 1119, AS REPORTED after line 3), insert the following new sec- (ii) a period of 30 days of continuous ses- OFFERED BY MR. PICKETT OF VIRGINIA sion of Congress has expired following the tion: (Amdt #26 in part 2 of House Report 105–137) date on which the notification is submitted. SEC. 524. REPORT ON FEASIBILITY AND DESIR- (B) For purposes of subparagraph (A)(ii), ABILITY OF CONVERSION OF AGR At the end of title VIII (page 303, after line the continuity of a session of Congress is PERSONNEL TO MILITARY TECHNI- 2) insert the following new section: broken only by an adjournment of the Con- CIANS (DUAL-STATUS). SEC. 824. ALLOWABILITY OF COSTS OF EM- gress sine die, and the days on which either (a) REPORT REQUIRED.—Not later than Jan- PLOYEE STOCK OWNERSHIP PLANS. House is not in session because of an ad- uary 1, 1998, the Secretary of Defense shall (a) PROHIBITION.—Under section 2324 of journment of more than three days to a day submit to Congress a report on the feasibil- title 10, United States Code, the Secretary of certain are excluded in the computation of ity and desirability of conversion of AGR Defense may not determine the allowability such 30-day period. personnel to military technicians (dual-sta- of costs of employee stock ownership plans (3) The Secretary of Energy shall ensure tus). The report shall— under contracts with the Department of De- that the firm conducting the study is pro- (1) identify advantages and disadvantages fense in accordance with the rule described vided access to all documents in the posses- of such a conversion; in subsection (b). sion of the Department of Energy that are (2) identify possible savings if such a con- (b) RULE.—The rule referred to in sub- relevant to the study, including documents version were to be carried out; and section (a) is the rule that was— in the possession of the Inspector General of (3) set forth the recommendation of the (1) proposed by the Civilian Agency Acqui- the Department of Energy. Secretary as to whether such a conversion sition Council and the Defense Acquisition (d) REPORT ON STUDY.—The Secretary of should be made. Regulations Council on November 7, 1995, Energy shall submit a report to Congress on (b) AGR PERSONNEL DEFINED.—For pur- and referred to as FAR Case 92–024, Em- the results of the study not later than Janu- poses of subsection (a), the term ‘‘AGR per- ployee Stock Ownership Plans (60 Federal ary 30, 1998. sonnel’’ means members of the Army or Air Register 56216); and (e) FUNDING.—In addition to amounts Force reserve components who are on active (2) withdrawn by such Councils on April 3, available pursuant to the authorization of duty (other than for training) in connection 1996 (61 Federal Register 14944). June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4205

MODIFICATION ‘‘(1) PLANS REQUIRED.—The Secretary of ing in lieu thereof ‘‘integrated natural re- TO THE AMENDMENT TO H.R. 1119, AS Defense shall carry out a program to provide source management plans’’; and REPORTED for the conservation and rehabilitation of (8) in section 106(c) (16 U.S.C. 670f(c)), by natural resources on military installations. striking out ‘‘cooperative plans’’ and insert- OFFERED BY MR. RILEY OF ALABAMA To facilitate the program, the Secretary of ing in lieu thereof ‘‘integrated natural re- (Amdt #27 in part 2 of House Report 105–137) each military department shall prepare and source management plans’’. The amendment as modified is as follows: implement an integrated natural resources (c) CONTENTS OF PLANS.—Section 101(b) of At the end of subtitle B of title II (page 34, management plan for each military installa- the Sikes Act (16 U.S.C. 670a(b)) is amended— after line 7) insert the following new section: tion in the United States under the jurisdic- (1) by striking out ‘‘Each cooperative SEC. 219. REPORT ON OPERATIONAL FIELD AS- tion of the Secretary, unless the Secretary plan’’ and all that follows through paragraph SESSMENTS PROGRAM. determines that the absence of significant (1) and inserting in lieu thereof the follow- (a) FINDING.—Congress recognizes the po- natural resources on a particular installa- ing: tential value that the Department of Defense tion makes preparation of such a plan inap- ‘‘(b) REQUIRED ELEMENTS OF PLANS.—Con- Operational Field Assessments program, propriate. sistent with the use of military installations which is managed by the Director of Oper- ‘‘(2) COOPERATIVE PREPARATION.—The Sec- to ensure the preparedness of the Armed ational Test and Evaluation, provides to the retary of a military department shall pre- Forces, each integrated natural resources commanders of the Unified Combatant Com- pare the integrated natural resources man- management plan prepared under subsection mands with respect to assessment of the ef- agement plans for which the Secretary is re- (a)— fectiveness of near-term operational con- sponsible in cooperation with the Secretary ‘‘(1) shall, where appropriate and applica- cepts and critical operational issues in of the Interior, acting through the Director ble, provide for— quick-response operational tests and evalua- of the Fish and Wildlife Service, and the ‘‘(A) fish and wildlife management, land tions. head of the appropriate State fish and wild- management, forest management, and fish (b) REPORT.—Not later than March 30, 1998, life agency or agencies for the State in which and wildlife-oriented recreation; the Secretary of Defense shall submit to the the military installation involved is located. ‘‘(B) fish and wildlife habitat enhancement congressional defense committees a report The resulting plan for a military installation or modifications; consistent with paragraph (4) shall reflect on the Operational Field Assessments pro- ‘‘(C) wetland protection, enhancement, and the mutual agreement of the parties con- gram. restoration, where necessary for support of cerning conservation, protection, and man- (c) CONTENT OF REPORT.—The report shall fish or wildlife; agement of fish and wildlife resources. contain the following: ‘‘(D) integration of, and consistency ‘‘(3) PURPOSE OF PLANS.—Consistent with (1) A review of the Operational Field As- among, the various activities conducted the use of military installations to ensure sessments program which describes the goals under the plan; the preparedness of the Armed Forces, the and objectives of the program, assessments ‘‘(E) establishment of specific natural re- Secretaries of the military departments by the program conducted as of the date of source management objectives and time shall carry out the program required by this the submission of the report, and the results frames for proposed action; subsection to provide for— of those assessments. ‘‘(A) the conservation and rehabilitation of ‘‘(F) sustained use by the public of natural (2) A description of the current manage- natural resources on military installations; resources to the extent such use is not incon- ment and support structure of the program ‘‘(B) the sustained multipurpose use of sistent with the needs of fish and wildlife re- within the Department of Defense, including these resources, to include hunting, fishing, sources management; a description of how program responsibilities trapping, and nonconsumptive uses; and ‘‘(G) public access to the military installa- are assigned within the Office of the Sec- ‘‘(C) subject to safety requirements and tion that is necessary or appropriate for the retary of Defense and a description of the military security, public access to military use described in subparagraph (F), subject to roles of the Joint Staff, the commanders of installations to facilitate these uses. requirements necessary to ensure safety and the Unified Combatant Commands, and the ‘‘(4) RULE OF CONSTRUCTION.—Nothing in military security; military departments. this Act shall be construed as modifying or ‘‘(H) enforcement of natural resource laws (3) A description of future plans for the repealing the provisions of any Federal law and regulations; program and funding requirements for those governing the conservation or protection of ‘‘(I) no net loss in the capability of mili- plans. fish and wildlife resources, nor as enlarging tary installation lands to support the mili- (4) Recommendations regarding additional or diminishing the responsibility and author- tary mission of the installation; and statutory authority that may be required for ity of the States for the protection and man- ‘‘(J) such other activities as the Secretary the program. agement of fish and resident wildlife. Except of the military department considers appro- AMENDMENT TO H.R. 1119, AS REPORTED as elsewhere specifically provided in this sec- priate;’’ (2) by striking out paragraph (3); OFFERED BY MR. SAXTON OF NEW JERSEY tion and section 102, nothing in this Act (3) by redesignating paragraph (4) as para- (Amdt #28 in Part 2 of House Report 105–137) shall be construed as authorizing the Sec- retary of a military department to require a graph (3); and Strike out title XXIX (page 442, line 15, Federal license or permit to hunt, fish, or (4) in paragraph (3)(A) (as so redesignated), through page 457, line 13), and insert in lieu trap on a military installation. by striking out ‘‘collect the fees therefor,’’ thereof the following new title: (b) CONFORMING AMENDMENTS.—Title I of and inserting in lieu thereof ‘‘collect, spend, TITLE XXIX—SIKES ACT IMPROVEMENT the Sikes Act is amended— administer, and account for fees therefor,’’. SEC. 2901. SHORT TITLE. (1) in section 101(b)(4) (16 U.S.C. 670a(b)(4)), SEC. 2905. REVIEW FOR PREPARATION OF INTE- This title may be cited as the ‘‘Sikes Act by striking out ‘‘cooperative plan’’ each GRATED NATURAL RESOURCE MAN- AGEMENT PLANS. Improvement Amendments of 1997’’. place it appears and inserting in lieu thereof ‘‘integrated natural resource management (a) REVIEW OF MILITARY INSTALLATIONS.— SEC. 2902. DEFINITION OF SIKES ACT FOR PUR- plan’’; (1) REVIEW.—The Secretary of each mili- POSES OF AMENDMENTS. (2) in section 101(c) (16 U.S.C. 670a(c)), in tary department shall, by not later than In this title, the term ‘‘Sikes Act’’ means the matter preceding paragraph (1) by strik- nine months after the date of the enactment the Act entitled ‘‘An Act to promote effec- ing out ‘‘a cooperative plan’’ and inserting in of this Act— tual planning, development, maintenance, lieu thereof ‘‘an integrated natural resource (A) review each military installation in and coordination of wildlife, fish, and game management plan’’; the United States that is under the jurisdic- conservation and rehabilitation in military (3) in section 101(d) (16 U.S.C. 670a(d)), in tion of that Secretary to determine the mili- reservations’’, approved September 15, 1960 the matter preceding paragraph (1) by strik- tary installations for which the preparation (16 U.S.C. 670a et seq.), commonly referred to ing out ‘‘cooperative plans’’ and inserting in of an integrated natural resource manage- as the ‘‘Sikes Act’’. lieu thereof ‘‘integrated natural resource ment plan under section 101 of the Sikes Act, SEC. 2903. CODIFICATION OF SHORT TITLE OF management plans’’; as amended by this title, is appropriate; and ACT. (4) in section 101(e) (16 U.S.C. 670a(e)), by (B) submit to the Secretary of Defense a The Sikes Act (16 U.S.C. 670a et seq.) is striking out ‘‘Cooperative plans’’ and insert- report on those determinations. amended by inserting before title I the fol- ing in lieu thereof ‘‘Integrated natural re- (2) REPORT TO CONGRESS.—The Secretary of lowing new section: source management plans’’; Defense shall, by not later than 12 months ‘‘SECTION 1. SHORT TITLE. (5) in section 102 (16 U.S.C. 670b), by strik- after the date of the enactment of this Act, ‘‘This Act may be cited as the ‘Sikes ing out ‘‘a cooperative plan’’ and inserting in submit to the Congress a report on the re- Act’.’’. lieu thereof ‘‘an integrated natural resource views conducted under paragraph (1). The re- SEC. 2904. INTEGRATED NATURAL RESOURCE management plan’’; port shall include— MANAGEMENT PLANS. (6) in section 103 (16 U.S.C. 670c), by strik- (A) a list of those military installations re- (a) PLANS REQUIRED.—Subsection (a) of ing out ‘‘a cooperative plan’’ and inserting in viewed under paragraph (1) for which the section 101 of the Sikes Act (16 U.S.C. 670a) is lieu thereof ‘‘an integrated natural resource Secretary of the military department con- amended to read as follows: management plan’’; cerned determines the preparation of an in- ‘‘(a) INTEGRATED NATURAL RESOURCES MAN- (7) in section 106(a) (16 U.S.C. 670f(a)), by tegrated natural resource management plan AGEMENT PLANS.— striking out ‘‘cooperative plans’’ and insert- is not appropriate; and H4206 CONGRESSIONAL RECORD — HOUSE June 23, 1997 (B) for each of the military installations and amended by section 2904, is further to cover the cost of goods and services pro- listed under subparagraph (A), an expla- amended by inserting before the period at vided either under a cooperative agreement nation of the reasons such a plan is not ap- the end the following: ‘‘, unless that military entered into under subsection (a) or through propriate. installation is subsequently closed, in which an agency agreement under section 1535 of (b) DEADLINE FOR INTEGRATED NATURAL RE- case the fees may be transferred to another title 31, United States Code, during any 18- SOURCE MANAGEMENT PLANS.—Not later than military installation to be used for the same month period beginning in that fiscal year, two years after the date of the submission of purposes’’. without regard to whether the agreement the report required under subsection (a)(2), SEC. 2908. FEDERAL ENFORCEMENT. crosses fiscal years.’’. the Secretary of each military department Title I of the Sikes Act (16 U.S.C. 670a et SEC. 2912. REPEAL OF SUPERSEDED PROVISION. shall, for each military installation for seq.) is amended— Section 2 of the Act of October 27, 1986 which the Secretary has not determined (1) by redesignating section 106, as amend- (Public Law 99–651; 16 U.S.C. 670a–1), is re- under subsection (a)(2)(A) that preparation ed by section 2904(b), as section 109; and pealed. of an integrated natural resource manage- (2) by inserting after section 105 the follow- ment plan is not appropriate— SEC. 2913. CLERICAL AMENDMENTS. ing new section: (1) prepare and begin implementing such a Title I of the Sikes Act, as amended by plan in accordance with section 101(a) of the ‘‘SEC. 106. FEDERAL ENFORCEMENT OF OTHER this title, is amended— Sikes Act, as amended by section 2904; or LAWS. (1) in the heading for the title by striking (2) in the case of a military installation for ‘‘All Federal laws relating to the conserva- out ‘‘MILITARY RESERVATIONS’’ and inserting which there is in effect a cooperative plan tion of natural resources on Federal lands in lieu thereof ‘‘MILITARY INSTALLATIONS’’; under section 101(a) of the Sikes Act on the may be enforced by the Secretary of Defense (2) in section 101(b)(3) (16 U.S.C. 670a(b)(3)), day before the date of the enactment of this with respect to violations of those laws that as redesignated and amended by section Act, complete negotiations with the Sec- occur on military installations within the 2904— retary of the Interior and the heads of the United States.’’. (A) in subparagraph (A), by striking out appropriate State agencies regarding SEC. 2909. NATURAL RESOURCE MANAGEMENT ‘‘the reservation’’ and inserting in lieu changes to that plan that are necessary for SERVICES. thereof ‘‘the installation’’; and the plan to constitute an integrated natural Title I of the Sikes Act (16 U.S.C. 670a et (B) in subparagraph (B), by striking out resource plan that complies with that sec- seq.) is amended by inserting after section ‘‘the military reservation’’ and inserting in tion, as amended by section 2904. 106 (as added by section 2908) the following lieu thereof ‘‘the military installation’’; (c) PUBLIC COMMENT.—The Secretary of new section: (4) in section 101(c) (16 U.S.C. 670a(c))— each military department shall provide an ‘‘SEC. 107. NATURAL RESOURCE MANAGEMENT (A) in paragraph (1), by striking out ‘‘a opportunity for the submission of public SERVICES. military reservation’’ and inserting in lieu comments on— ‘‘The Secretary of each military depart- thereof ‘‘a military installation’’; and (1) integrated natural resource manage- ment shall ensure, within available re- (B) in paragraph (2), by striking out ‘‘the ment plans proposed pursuant to subsection sources, that sufficient numbers of profes- reservation’’ and inserting in lieu thereof (b)(1); and sionally trained natural resource manage- ‘‘the installation’’; (2) changes to cooperative plans proposed ment personnel and natural resource law en- (5) in section 102 (16 U.S.C. 670b), by strik- pursuant to subsection (b)(2). forcement personnel are available and as- ing out ‘‘military reservations’’ and insert- SEC. 2906. ANNUAL REVIEWS AND REPORTS. signed responsibility to perform tasks nec- ing in lieu thereof ‘‘military installations’’; Section 101 of the Sikes Act (16 U.S.C. 670a) essary to comply with this Act, including and is amended by adding at the end the follow- the preparation and implementation of inte- (6) in section 103 (16 U.S.C. 670c)— ing new subsection: grated natural resource management (A) by striking out ‘‘military reservations’’ ‘‘(f) REVIEWS AND REPORTS.— plans.’’. and inserting in lieu thereof ‘‘military in- ‘‘(1) SECRETARY OF DEFENSE.—The Sec- SEC. 2910. DEFINITIONS. stallations’’; and retary of Defense shall, by not later than Title I of the Sikes Act (16 U.S.C. 670a et (B) by striking out ‘‘such reservations’’ March 1 of each year, review the extent to seq.) is amended by inserting after section and inserting in lieu thereof ‘‘such installa- which integrated natural resource manage- 107 (as added by section 2909) the following tions’’. ment plans were prepared or in effect and new section: SEC. 2914. AUTHORIZATIONS OF APPROPRIA- implemented in accordance with this Act in TIONS. ‘‘SEC. 108. DEFINITIONS. the preceding year, and submit a report on (a) PROGRAMS ON MILITARY INSTALLA- ‘‘In this title: the findings of that review to the commit- TIONS.—Subsections (b) and (c) of section 109 ‘‘(1) MILITARY INSTALLATION.—(A) The term tees. Each report shall include— of the Sikes Act (as redesignated by section ‘military installation’ means any land or in- ‘‘(A) the number of integrated natural re- 1408) are each amended by striking out terest in land owned by the United States source management plans in effect in the ‘‘1983’’ and all that follows through ‘‘1993,’’ and administered by the Secretary of De- year covered by the report, including the and inserting in lieu thereof ‘‘1983 through fense or the Secretary of a military depart- date on which each plan was issued in final 2000,’’. ment (except civil works lands). The term in- form or most recently revised; (b) PROGRAMS ON PUBLIC LANDS.—Section cludes all public lands withdrawn from all ‘‘(B) the amount of moneys expended on 209 of the Sikes Act (16 U.S.C. 670o) is amend- forms of appropriation under public land conservation activities conducted pursuant ed— laws and reserved for use by the Secretary of to those plans in the year covered by the re- (1) in subsection (a), by striking out ‘‘the Defense or the Secretary of a military de- port; and sum of $10,000,000’’ and all that follows partment. ‘‘(C) an assessment of the extent to which through ‘‘to enable the Secretary of the Inte- ‘‘(B) The term does not include any lands the plans comply with the requirements of rior’’ and inserting in lieu thereof ‘‘$4,000,000 otherwise covered by subparagraph (A) that this Act. for each of fiscal years 1998 through 2003, to are subject to an approved recommendation ‘‘(2) SECRETARY OF THE INTERIOR.—The Sec- enable the Secretary of the Interior’’; and for closure under the Defense Base Closure retary of the Interior, by not later than (2) in subsection (b), by striking out ‘‘the and Realignment Act of 1990 (part A of title March 1 of each year and in consultation sum of $12,000,000’’ and all that follows XXIX of Public Law 101–510; 10 U.S.C. 2687 with State agencies responsible for conserva- through ‘‘to enable the Secretary of Agri- note). tion or management of fish or wildlife, shall culture’’ and inserting in lieu thereof ‘‘(2) STATE FISH AND WILDLIFE AGENCY.—The submit a report to the committees on the ‘‘$5,000,000 for each of fiscal years 1998 term ‘State fish and wildlife agency’ means amount of moneys expended by the Depart- through 2003, to enable the Secretary of Ag- an agency or agencies of State government ment of the Interior and those State agen- riculture’’. that is responsible under State law for man- cies in the year covered by the report on con- MENDMENT TO H.R. 1119, AS REPORTED aging fish or wildlife resources. A servation activities conducted pursuant to ‘‘(3) UNITED STATES.—The term ‘United OFFERED BY MR. SAXTON OF NEW JERSEY integrated natural resource management States’ means the States, the District of Co- plans. (Amdt #29 in Part 2 of House Report 105–137) lumbia, and the territories and possessions ‘‘(3) COMMITTEES DEFINED.—For purposes of Strike out section 2839 (page 434, line 9, of the United States.’’. this subsection, the term ‘committees’ through page 435, line 3) and insert in lieu means the Committee on Resources and the SEC. 2911. COOPERATIVE AGREEMENTS. thereof the following new section: Committee on National Security of the Section 103a of the Sikes Act (16 U.S.C. SEC. 2839. LAND CONVEYANCES, FORT DIX, NEW House of Representatives and the Committee 670c–1) is amended— JERSEY. on Armed Services and the Committee on (1) in subsection (a) by striking out ‘‘Sec- (a) CONVEYANCES AUTHORIZED.—(1) The Environment and Public Works of the Sen- retary of Defense’’ and inserting ‘‘Secretary Secretary of the Army may convey, without ate.’’. of a military department’’; consideration, to the Borough of SEC. 2907. TRANSFER OF WILDLIFE CONSERVA- (2) by striking out subsection (b) and in- Wrightstown, New Jersey (in this section re- TION FEES FROM CLOSED MILITARY serting in lieu thereof the following new sub- ferred to as the ‘‘Borough’’), all right, title, INSTALLATIONS. section: and interest of the United States in and to a Subsection (b)(3)(B) of section 101(b) of the ‘‘(b) Funds appropriated to the Department parcel of real property (including improve- Sikes Act (16 U.S.C. 670a(b)), as redesignated of Defense for a fiscal year may be obligated ments thereon) consisting of approximately June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4207 39.69 acres located at Fort Dix, New Jersey, SEC. 572. COMMUNITY COLLEGE OF THE AIR such programs and activities, and whether for the purpose of permitting the Borough to FORCE. there has been any duplication of efforts in develop the parcel for economic purposes. (a) LIMITED EXPANSION.—Paragraph (1) of implementing such programs and activities. (2) The Secretary may convey, without subsection (a) of section 9315 of title 10, Unit- AMENDMENT TO H.R. 1119 consideration, to the New Hanover Board of ed States Code, is amended to read as fol- OFFERED BY MR. SPRATT OF SOUTH CAROLINA Education (in this section referred to as the lows: ‘‘Board’’), all right, title, and interest of the ‘‘(1) prescribe programs of higher education (Amdt #36 in Part 2 of House Report 105–137) United States in and to an additional parcel for enlisted members described in subsection At the end of title VIII (page 303, after line of real property (including improvements (d) designed to improve the technical, mana- 2), insert the following new section: thereon) at Fort Dix consisting of approxi- gerial, and related skills of those members SEC. 8ll. EXPANSION OF PERSONNEL ELIGIBLE mately five acres for the purpose of permit- and to prepare them for military jobs which TO PARTICIPATE IN DEMONSTRA- require the use of those skills; and ’’. TION PROJECT RELATING TO ACQUI- ting the Board to develop the parcel for edu- SITION WORKFORCE. (b) ELIGIBLE MEMBERS.—Such section is cational purposes. (a) AMENDMENT TO PURPOSE OF PROJECT.— (b) DESCRIPTION OF PROPERTY.—The exact further amended by adding at the end the Section 4308(a) of the National Defense Au- acreage and legal description of the real following new subsection: thorization Act for Fiscal Year 1996 (Public property to be conveyed under subsection (a) ‘‘(d) Subsection (a)(1) applies to the follow- Law 104–106; 10 U.S.C. 1701 note) is amended shall be determined by surveys satisfactory ing members: by adding before the period at the end the to the Secretary. The cost of the survey in ‘‘(1) Enlisted members of the Air Force. following: ‘‘and supporting personnel as- connection with the conveyance under sub- ‘‘(2) Enlisted members of other armed signed to work directly with the acquisition section (a)(1) shall be borne by the Borough, forces attending Air Force training schools workforce’’. and the cost of the survey in connection with whose jobs are closely related to Air Force (b) AMENDMENT TO ELIGIBLE WORKFORCE.— the conveyance under subsection (a)(2) shall jobs. Section 4308(b)(3)(A) of such Act is amended be borne by the Board. ‘‘(3) Enlisted members of other armed by inserting before the semicolon the follow- (c) ADDITIONAL TERMS AND CONDITIONS.— forces who are serving as instructors at Air ing: ‘‘or involves a team of personnel more The Secretary may require such additional Force training schools.’’. than half of which consists of members of terms and conditions in connection with the (c) EFFECTIVE DATE.—The amendments the acquisition workforce and the remainder conveyances under subsection (a) as the Sec- made by subsections (a) and (b) shall apply of which consists of supporting personnel as- retary considers appropriate to protect the with respect to enrollments in the Commu- signed to work directly with the acquisition interests of the United States. nity College of the Air Force after March 31, workforce’’. AMENDMENT TO H.R. 1119, AS REPORTED 1996. (c) COMMENCEMENT OF PROJECT.—Section OFFERED BY MR. SISISKY OF VIRGINIA MODIFICATION TO THE AMENDMENT OFFERED 4308(b)(3)(C) of such Act, as redesignated by (Amdt #30 in Part 2 of House Report 105–137) BY MR. SKELTON OF MISSOURI subsection (b)(2), is amended by striking out ‘‘this Act’’ and inserting in lieu thereof ‘‘the At the end of title VII (page 288, after line (Amdt #33 in Part 2 of House Report 105–137) National Defense Authorization Act for Fis- 21), insert the following new section: The amendment as modified is as follows: cal Year 1998’’. SEC. 747. COMPTROLLER GENERAL STUDY OF RE- At the end of title X (page 360, after line 8), (d) LIMITATION ON NUMBER OF PARTICI- QUIREMENT FOR MILITARY MEDI- insert the following new section: PANTS CAL FACILITIES IN NATIONAL CAP- .—Section 4308 of such Act is amended SEC. 1060. OVERSIGHT OF COUNTER-TERRORISM by adding at the end the following: ITAL REGION. AND ANTI-TERRORISM PROGRAMS ‘‘(d) LIMITATION ON NUMBER OF PARTICI- (a) STUDY REQUIRED.—The Comptroller AND ACTIVITIES OF THE UNITED General shall conduct a study to evaluate STATES. PANTS.—The total number of persons who may participate in the demonstration the requirement for Army, Navy, and Air (a) IN GENERAL.—Not later than 120 days Force medical facilities in the National Cap- after the date of the enactment of this Act, project under this section may not exceed ital Region (as defined in section 2674(f)(2) of the Director of the Office of Management the number that is equal to the total number title 10, United States Code). The study and Budget shall— of persons who are members of the acquisi- shall— (1) establish a Government-wide reporting tion workforce.’’. (1) specifically address requirements with system with respect to the budget and ex- AMENDMENT TO H.R. 1119, AS REPORTED respect to geography, facilities, integrated penditure of funds by executive departments OFFERED BY MR. THUNE OF SOUTH DAKOTA residencies, and medical environments; and and agencies for the purpose of carrying out (Amdt #37 Part 2 of House Report 105–137) (2) provide specific recommendations with counter-terrorism and anti-terrorism pro- At the end of part III of subtitle D of title respect to how medical and health care pro- grams and activities; and XXVIII (page 439, after line 6) add the follow- vided by these facilities may be better co- (2) collect information on— ing new section: ordinated to more efficiently serve, through- (A) the budget and expenditure of funds by SEC. 2864. LAND CONVEYANCE, ELLSWORTH AIR out the National Capital Region, members of executive departments and agencies during FORCE BASE, SOUTH DAKOTA. the Armed Forces on active duty and covered fiscal years 1995 through 1997 for purposes of (a) CONVEYANCE REQUIRED.—The Secretary beneficiaries under chapter 55 of title 10, carrying out counter-terrorism and anti-ter- of the Air Force may convey, without con- United States Code. rorism programs and activities; and sideration, to the Greater Box Elder Area (b) SUBMISSION OF REPORT.—Not later than (B) the specific programs and activities for Economic Development Corporation, Box six months after the date of the enactment which such funds were expended. Elder, South Dakota (in this section referred of this Act, the Comptroller General shall (b) REPORT REQUIREMENT.—Not later than to as the ‘‘Corporation’’), all right, title, and submit to Congress and the Secretary of De- March 1st of each year, the Director of the interest of the United States in and to the fense a report containing the results of the Office of Management and Budget shall sub- parcels of real property located at Ellsworth study required by subsection (a). mit to the President and to Congress a re- Air Force Base, South Dakota, referred to in MODIFICATION TO THE AMENDMENT OFFERED port, in classified and unclassified form, de- subsection (b). BY MR. SKELTON OF MISSOURI scribing, for each executive department and (b) COVERED PROPERTY.—(1) Subject to (Amdt #31 in Part 2 of House Report 105–137) agency and for the executive branch as paragraph (2), the real property referred to The amendment as modified is as follows: whole— in subsection (a) is the following: At the end of subtitle D of title X (page 327, (1) the amounts proposed to be expended (A) A parcel of real property, together with after line 6), insert the following new sec- directly for counter-terrorism and anti-ter- any improvements thereon, consisting of ap- tion: rorism programs and activities for the fiscal proximately 53.32 acres and comprising the year beginning in the calendar year in which Skyway Military Family Housing Area. SEC. 1043. REPORT ON ANTI-TERRORISM ACTIVI- TIES. the report is submitted; (B) A parcel of real property, together with Not later than 180 days after the date of (2) the amounts proposed to be expended any improvements thereon, consisting of ap- the enactment of this Act, the Secretary of directly for counter-terrorism and anti-ter- proximately 137.56 acres and comprising the Defense shall submit to Congress a report, in rorism programs and activities for the fiscal Renal Heights Military Family Housing classified and unclassified form, describing— year in which the report is submitted and Area. (1) the programs designed to carry out the amounts that have already been ex- (C) A parcel of real property, together with anti-terrorism activities of the Department pended for such programs and activities for any improvements thereon, consisting of ap- of Defense; that fiscal year; proximately 14.92 acres and comprising the (2) any deficiencies in those programs; and (3) the amounts proposed to be expended East Nike Military Family Housing Area. (3) any actions taken by the Secretary to directly and the amounts actually expended (D) A parcel of real property, together with improve implementation of such programs. directly for counter-terrorism and anti-ter- any improvements thereon, consisting of ap- rorism programs and activities for the three proximately 14.69 acres and comprising the AMENDMENT TO H.R. 1119, AS REPORTED fiscal years preceding the fiscal year in South Nike Military Family Housing Area. OFFERED BY MR. SKELTON OF MISSOURI which the report is submitted; and (E) A parcel of real property, together with (Amdt #32 in Part 2 of House Report 105–137) (4) the specific counter-terrorism and anti- any improvements thereon, consisting of ap- At the end of title V (page 204, after line terrorism programs and activities being im- proximately 14.85 acres and comprising the 16), insert the following new section: plemented, any priorities with respect to West Nike Military Family Housing Area. H4208 CONGRESSIONAL RECORD — HOUSE June 23, 1997 (2) The real property referred to in sub- At the end of title VIII (page 303, after line (4) Reports indicate that Russia has been section (a) does not include the portion of 2), insert the following new section: pursuing construction of a massive under- real property referred to in paragraph (1)(B) SEC. ll. TIME FOR SUBMISSION OF ANNUAL RE- ground facility of unknown purpose at that the Secretary determines to be required PORT RELATING TO BUY AMERICAN Yamantau Mountain and the city of for the construction of an access road be- ACT. Mezhgorye (formerly the settlements of tween the main gate of Ellsworth Air Force Section 827 of the National Defense Au- Beloretsk-15 and Beloretsk-16) that is de- Base and an interchange on Interstate Route thorization Act for Fiscal Year 1997 (Public signed to survive a nuclear war and appears 90 located in the vicinity of mile marker 67 Law 104–201; 41 U.S.C. 10b–3) is amended by to exceed reasonable defense requirements. in South Dakota. striking out ‘‘120 days’’ and inserting in lieu (5) The Yamantau Mountain project does (c) CONDITIONS OF CONVEYANCE.—The con- thereof ‘‘60 days’’. not appear to be consistent with the lower- veyance of the real property referred to in AMENDMENT TO H.R. 1119, AS REPORTED ing of strategic threats, openness, and co- operation that is the basis of the post-Cold subsection (b) shall be subject to the follow- OFFERED BY MR. WAMP OF TENNESSEE ing conditions: War strategic partnership between the Unit- (1) That the Corporation, and any person or (Amdt #40 in Part 2 of House Report 105–137) ed States and Russia. entity to which the Corporation transfers At the end of subtitle E of title X (page 360, (6) Russia appears to have engaged in a the property, comply in the use of the prop- after line 8), insert the following new sec- campaign to deliberately conceal and mis- erty with the applicable provisions of the tion: lead the United States about the purpose of Ellsworth Air Force Base Air Installation SEC. 1060. ARMAMENT RETOOLING AND MANU- the Yamantau Mountain project, as shown Compatible Use Zone Study. FACTURING SUPPORT INITIATIVE. by the following: (2) That the Corporation convey a portion (a) EXPANSION OF PURPOSES OF INITIA- (A) General and Bashkortostan, People’s of the real property referred to in paragraph TIVE.—Section 193(b) of the Armament Re- Deputy Leonid Akimovich Tsirkunov, com- (1)(A) of that subsection, together with any tooling and Manufacturing Support Act of mandant of Beloretsk-15 and Beloretsk-16, improvements thereon, consisting of ap- 1992 (subtitle H of title I of Public Law 102– stated in 1991 and 1992 that the purpose of proximately 20 acres to the Douglas School 484; 10 U.S.C. 2501 note) is amended by adding the construction there was to build a mining District, South Dakota, for use for education at the end the following new paragraph: and ore-processing complex, but later purposes. ‘‘(10) To allow for the use of ammunition claimed that it was an underground ware- (d) REVERSIONARY INTEREST.—If the Sec- manufacturing facilities by other entities for house for food and clothing. retary determines that any portion of the the purpose of modernization, development, (B) M.Z. Shakiorov, a former communist real property conveyed under subsection (a) and restoration of the facilities.’’. official in the region, alleged in 1992 that the is not being utilized in accordance with the (b) AUTHORITY TO ENTER INTO AGREE- Yamantau Mountain facility was to become applicable provision of subsection (c), all MENTS.—Section 194(a) of such Act is amend- a shelter for the Russian national leadership right, title, and interest in and to that por- ed— in case of nuclear war. tion of the real property shall revert to the (1) by striking out ‘‘and’’ at the end of (C) Sources of the Segodnya newspaper in United States, and the United States shall paragraph (1); 1996 claimed that the Yamantau Mountain have the right of immediate entry thereon. (2) by striking out the period at the end of project was associated with the so-called (e) LEGAL DESCRIPTION.—The exact acreage paragraph (2) and inserting in lieu thereof ‘‘; ‘‘Dead Hand’’ nuclear retaliatory command and legal description of the property con- and’’; and and control system for strategic missiles. veyed under subsection (a) shall be deter- (3) by adding at the end the following new (D) Then Commander-in-Chief of the Stra- mined by a survey satisfactory to the Sec- paragraph: tegic Rocket Forces General Igor Sergeyev retary. The cost of the survey shall be borne ‘‘(3) to enter into agreements (which may denied that the facility was associated with by the Corporation. include contracts, leases, or other arrange- nuclear forces. (f) ADDITIONAL TERMS AND CONDITIONS.— ments for a period of not more than 99 years) (E) R. Zhukov, a Deputy in the State As- The Secretary may require such additional with other entities with respect to the am- sembly, in 1996 claimed that the Yamantau terms and conditions in connection with the munition manufacturing facility, or a part of Mountain facility belonged to ‘‘atomic sci- conveyance under subsection (a) as the Sec- such facility.’’. entists’’ and posed a serious environmental retary considers appropriate to protect the (c) REPORTING REQUIREMENT.—Not later hazard. interests of the United States. than January 1, 1998, the Secretary of the (F) Russia’s 1997 federal budget lists the project as a closed territory containing in- AMENDMENT TO H.R. 1119, AS REPORTED Army shall submit to Congress a report on progress with respect to the implementation stallations of the Ministry of Defense, while OFFERED BY MR. TRAFICANT OF OHIO of the amendments made to the Armament First Deputy Defense Minister Andrey (Amdt #38 in Part 2 of House Report 105–137) Retooling and Manufacturing Support Act of Kokoshin recently stated that the Ministry At the end of subtitle A of title VIII (page 1992 by this section. of Defense has nothing to do with the project. 299, after line 16) add the following new sec- MODIFICATION TO THE AMENDMENT OFFERED (7) Continued cooperation and progress on tion: BY MR. WELDON OF PENNSYLVANIA forging a new strategic relationship between SEC. 810. AUDIT OF PROCUREMENT OF GOODS BY (Amdt in order under sec. 8(d) of H. Res. 169) MILITARY INSTALLATIONS IN THE the United States and Russia requires that UNITED STATES. The amendment as modified is as follows: both nations make transparent to one an- (a) AUDIT REQUIREMENT.—Not later than At the end of title XII (page 379, after line other major projects underway or plans September 30, 1998, the Inspector General of 19), insert the following new section: under consideration that could alter the the Department of Defense shall perform a SEC. ll. SENSE OF CONGRESS ON NEED FOR strategic balance sought in arms control random audit of the procurement of goods by RUSSIAN OPENNESS ON THE agreements or otherwise be construed by the military installations during fiscal years YAMANTAU MOUNTAIN PROJECT. other side as an important new potential 1996 and 1997 to determine the extent to (a) FINDINGS.—Congress finds as follows: threat. which such installations procured goods (1) The United States and Russia have been (8) The United States has allowed senior made in a country other than the United working in the post-Cold War era to estab- Russian military and government officials to States during those fiscal years. lish a new strategic relationship based on co- have access to key strategic facilities of the (b) DEFINITION.—For purposes of this sec- operation and openness between the two na- United States by providing tours of the tion, the term ‘‘random audit of the procure- tions. North American Air Defense (NORAD) com- ment of goods by military installations’’— (2) This effort to establish a new strategic mand at Cheyenne Mountain and the United (1) means an audit of the procurement of relationship has resulted in the conclusion States Strategic Command (STRACOM) goods (not including goods obtained from the or agreement in principle on a number of far- headquarters in Omaha, Nebraska, among Defense Logistics Agency) by not less than reaching agreements, including START I, II, other sites, and by providing extensive brief- four and not more than twelve military in- and III, a revision in the Conventional ings on the operations of those facilities. stallations in the United States; Forces in Europe Treaty, and a series of (b) SENSE OF CONGRESS.—In light of the (2) shall include an audit of the procure- other agreements (such as the Comprehen- findings in subsection (a), it is the sense of ment of goods by a military installation of sive Test Ban Treaty and the Chemical Congress that— each of the Army, Navy, Air Force, and Ma- Weapons Convention), designed to further re- (1) the Russian government should provide rine Corps. duce bilateral threats and limit the pro- to the United States a written explanation (c) REPORT.—Not later than October 31, liferation of weapons of mass destruction. on the principal and secondary purposes of 1998, the Inspector General of the Depart- (3) These far-reaching agreements were the Yamantau Mountain project, specifically ment of Defense shall submit to Congress a based on the understanding between the identifying the intended end user and ex- report on the results of the audit performed United States and Russia that there would plaining the heavy investment in that under subsection (a). be a good faith effort on both sides to comply project; with the letter and spirit of the agreements, (2) the Russian government should allow a MODIFICATION TO THE AMENDMENT OFFERED that both sides would end their Cold War United States delegation, including officials BY MR. TRAFICANT OF OHIO competition, and that neither side would of the executive branch, Members of Con- (Amdt #39 in Part 2 of House Report 105–137) seek to gain or maintain unilateral strategic gress, and United States experts on under- The amendment as modified is as follows: advantage over the other. ground facilities, to have access to the June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4209 Yamantau Mountain project to inspect the guished gentleman from South Caro- that a major project is underway in the facility and all rail-served buildings in the lina [Mr. SPENCE] to help ensure that Ural Mountains that we need to have southern and northern settlements located this program is appropriately funded more transparency on. This project is near Yamantau; and during the conference process. one that has been very secretive. There (3) the Russian government should direct Mr. SPENCE. Mr. Chairman, I thank senior officials responsible for the Yamantau have been hundreds of millions, if not Mountain project to explain to such a United the gentlewoman from Idaho [Mrs. billions, of dollars spent mining out a States delegation the purpose and oper- CHENOWETH] for her observations and huge operation in Yamantau Mountain, ational concept of all completed and planned agree that this technology is of great formerly known as Beleretz 15 and 16. underground facilities at Yamantau Moun- importance to the success of defense As recently as a month ago, I was in tain in sufficient detail (including through modernization. I will continue to work Moscow and met with the Minister of the use of drawings and diagrams) to support to ensure that the appropriate level of Natural Resources, Orlov; the Minister a high-confidence judgment by the United funding is provided for these efforts. of Atomic Energy, Mikhaylov; the Dep- States delegation that the design is consist- Mr. DELLUMS. Mr. Chairman, I uty Defense Minister, Mikoshin; and ent with the official explanations. yield 2 minutes to my distinguished number two Chief of the General Staff, Mr. SPENCE (during the reading). colleague, the gentleman from Mis- General Melov. And I expressed to Mr. Chairman, I ask unanimous con- souri [Mr. SKELTON]. them our concern about what is hap- sent that the modifications be consid- Mr. SKELTON. Mr. Chairman, I at pening in this project. ered as read and printed in the RECORD. this time wish to discuss very briefly They all encouraged me to proceed to The CHAIRMAN. Is there objection amendments 32, 32 and 33. The first: In President Yeltsin to get more trans- to the request of the gentleman from an effort to collect, evaluate, and as- parency on this initiative. I have since South Carolina? sess the efforts of the U.S. Government written to him and asked for him to There was no objection. to combat international terrorism, the allow a bipartisan delegation to visit The CHAIRMAN. Pursuant to the amendment requires the director of the this site to better understand what rule, the gentleman from South Caro- Office of Management and Budget to Russia is, in fact, accomplishing. lina [Mr. SPENCE] and the gentleman submit to Congress an appropriate re- One of the amendments in this en from California [Mr. DELLUMS] each port regarding the programs and fund- bloc series which I introduced, in fact, will control 10 minutes. ing levels throughout the Federal sys- calls for Russia to be more trans- The Chair recognizes the gentleman tem. The full report, due no later than parent. As a sense of the House resolu- from South Carolina [Mr. SPENCE]. 120 days from the date of enactment, tion, it says that we need to under- Mr. SPENCE. Mr. Chairman, I yield 2 should assess the amount of duplica- stand more clearly what Russia is minutes to the gentlewoman from tion or gaps in the overall effort. The doing in Yamantau Mountain to make Idaho [Mrs. CHENOWETH] for the pur- amendment would also establish an an- sure it is not a destabilizing project pose of a colloquy. nual reporting requirement. and one that will not upset the balance Mrs. CHENOWETH. Mr. Chairman, I Regarding the second amendment, it of our relationship. rise to engage the chairman of the is aimed at ensuring the safety and se- So I thank both the chairman and Committee on National Security in a curity of our personnel. It directs the ranking member for accepting this colloquy. Our soldiers need dependable, Secretary of Defense to report to Con- amendment and the spirit that I bring high resolution flat panel technology gress about achievements and findings to the floor of one of cooperation with in order to display the rapidly growing to date regarding our effort to protect Russia. I hope that Russia will respond quantity of battlefield information. our forces abroad and our anti-terror- positively and allow our people and our These displays are an essential inter- ism initiatives therefor. leaders to better understand what their face between man and machine to per- My third amendment deals with the ultimate objectives are at Yamantau mit rapid, efficient transfer of informa- authority of granting degrees to indi- Mountain. tion. Without adequate displays, the viduals participating in the programs Mr. DELLUMS. Mr. Speaker, I yield 2 objective of digitization will never be of the community college of the Air minutes to my distinguished colleague, Force. With this language, all partici- achieved. the gentleman from Samoa [Mr. pants can receive an associate degree. FALEOMAVAEGA]. Mr. SPENCE. Mr. Chairman, will the Mr. SPENCE. Mr. Chairman, I yield 2 (Mr. FALEOMAVAEGA asked and gentlewoman yield? minutes to the gentleman from Penn- was given permission to revise and ex- Mrs. CHENOWETH. I yield to the sylvania [Mr. WELDON]. tend his remarks.) gentleman from South Carolina. (Mr. WELDON of Pennsylvania asked Mr. FALEOMAVAEGA. Mr. Chair- Mr. SPENCE. Mr. Chairman, the gen- and was given permission to revise and man, I certainly want to commend the tlewoman is correct. extend his remarks.) gentleman from South Carolina [Mr. Mrs. CHENOWETH. Mr. Chairman, Mr. WELDON of Pennsylvania. Mr. SPENCE], the chairman of the Commit- H.R. 1119 provides funding to continue Chairman, I simply want to rise to tee on National Security, and my good the development of field emission, full commend the full committee chairman friend, the gentleman from California color, high resolution flat panel display and the ranking member for this en [Mr. DELLUMS], the ranking Democrat, technology for military applications. It bloc amendment. There are a number for their support and endorsement of also provides funding to the Army for of very significant and important items this Amendment No. 9. integration of that technology into the that are covered. I would like to com- I also want to thank my good friend, Abrams tank and other Army ground ment on a number of them, but we do the chairman of the Subcommittee on combat vehicles. The Armed Services not have the time. But I would like to Military Personnel of the Committee recognize that this technology holds single out one that was accepted on National Security, the gentleman the promise of providing significantly through a bipartisan agreement on the from Indiana [Mr. BUYER], and the improved displays that are less expen- floor, and that deals with a project in ranking Democrat of that subcommit- sive than current military models. As the Ural Mountains in Russia. tee, the gentleman from Mississippi the committee report noted, ‘‘Field Mr. Chairman, as most of my col- [Mr. TAYLOR] for their endorsement emission flat panel display technology leagues know, I take great effort at and bipartisan support of this amend- is of increasing importance as the working with the Russian Government ment. Army incorporates digitization tech- and, in fact, under some serious pres- Mr. Chairman, American Samoa over nology into its fleet of vehicles. The sure, voted against two recent amend- the years has established a very active committee strongly supports develop- ments, one which was just voted on, Junior Officer Reserve Training Corps ment of this technology. that I felt went too far with Russia; program among our high schools. Many I firmly believe that it is critical for and proactively, my goal is to foster a thousands of high school students have us to provide funding for this tech- better relationship with the Russian had the opportunity to experience a nology that will allow development to Government and the Russian military facet of military training early enough be completed and will permit testing of and the Russian people. in their lives to enable them to make these displays for the Abrams tank in However, Mr. Chairman, it has come informed decisions on whether to pur- fiscal year 1999. I would urge the distin- to my attention over the past 5 years sue the armed services as a career. H4210 CONGRESSIONAL RECORD — HOUSE June 23, 1997 Thousands of American Samoans have This amendment would direct the Secretary allow development to be completed and gone through the junior ROTC program of Defense to study the issue of again making will permit testing of these engines. in Samoa, and some of these have gone U.S. nationals eligible for the Senior ROTC I would urge that an appropriate por- on to a senior ROTC program in the program and then issue a report, with rec- tion of these funds be used for further United States and then on to become ommendations to Congress within 180 days. development of the Giesel. excellent military officers. Mr. Chairman, this is a compromise from my Mr. WELDON of Pennsylvania. Mr. Mr. Chairman, most of my colleagues original amendment which would have Chairman, will the gentleman yield? know that the U.S. territories have changed the law to make it clear that U.S. na- Mr. STRICKLAND. I yield to the gen- consistently had very high rates of en- tionals are eligible to participate in the Senior tleman from Pennsylvania. listment in our Armed Forces. I know ROTC program. Mr. WELDON of Pennsylvania. I of at least 10 Samoans who should Mr. Chairman, I urge my colleagues to sup- thank the gentleman from Ohio [Mr. achieve the rank of E–9, command ser- port this amendment. STRICKLAND] for his observations and geant majors, the highest enlisted rank Mr. SPENCE. Mr. Chairman, I yield 1 for his leadership and agree that im- in all of our armed services. I am also minute to the gentleman from Penn- proved engines are of great importance very aware of a couple recipients of the sylvania [Mr. GEKAS]. to the success of defense moderniza- Silver Star for valor and bravery in the (Mr. GEKAS asked and was given tion. And I promise that I will continue Korean and Vietnam conflicts. permission to revise and extend his re- to work to ensure that appropriate Mr. Chairman, my amendment is marks.) level of funding is provided for such ef- very simple. It directs the Secretary of Mr. GEKAS. Mr. Chairman, I thank forts in the future. Defense to study again the issue of the chairman for yielding. It is with Mr. SPENCE. Mr. Chairman, I yield 2 minutes to the gentleman from Penn- making U.S. nationals. We have the gratitude to the chairman and to the sylvania [Mr. FOX]. distinction of being the only people ranking member for inclusion of my Mr. FOX of Pennsylvania. Mr. Chair- under the American flag that are clas- specific amendment in the en bloc sified as U.S. nationals. It means that man, I thank the chairman of the Com- amendments that I rise on this occa- mittee on National Security, Mr. we owe permanent allegiance to the sion. SPENCE, and also the gentleman from United States but we are neither citi- Fort Indiantown Gap, in Pennsylva- California, Mr. DELLUMS, for their lead- zens nor aliens. nia, has an ongoing academic complex Congress has not yet established a ership in bringing this important de- program whereby about 4,000 soldiers fense authorization bill to the floor. law to allow us to become U.S. citizens. are trained and educated every year in I do not know when, if ever, that is I also would like to say a few words every aspect of our military defense. on behalf of my amendments that I going to happen, Mr. Chairman. But at There is an authorization that ends on this point, this time, this amendment have included in the manager’s en bloc September 30 for completion of the bar- amendments. My first amendment just simply allows the Secretary of De- racks complex to house these individ- fense to study the issue again, making would call for the POW/MIA flag to be uals who receive this special training. flown in all Departments of Veterans U.S. nationals eligible for the senior What my amendment does, and which ROTC program, and then issuing a re- Affairs medical centers. This flag, as the chairman and the ranking member my colleagues know, serves as a re- port and recommendation to the Con- have graciously accepted, would extend gress. I thank both the chairman and minder. We have yet to receive a full the authorization to permit the com- the senior ranking member for allow- accounting of our all of our Nation’s pletion of the barracks complex, thus ing me to speak on this issue. prisoner-of-war and missing-in-action ensuring that the trainees will have Mr. Chairman, as most of my colleagues soldiers. There are currently 2,123 the adequate billeting space and qual- know, the U.S. territories have consistently Americans still unaccounted for from ity to pursue the studies. had very high rates of enlistment in our armed the Vietnam War. The flag also rep- Mr. DELLUMS. Mr. Chairman, I forces, and many of these service members resents our commitment to obtaining yield 2 minutes to the gentleman from have served with distinction over a period of that full accounting of the where- Ohio [Mr. STRICKLAND], my distin- decades including in all of our major conflicts abouts of our missing soldiers. guished colleague. since World War I. b 2315 I know of at least ten Samoans from Amer- Mr. STRICKLAND. Mr. Chairman, I ican Samoa who have achieved the rank of rise to engage the chairman of the I believe that we owe it not only to E±9, the highest enlisted rank in either the Committee on National Security in a them but to our veterans who did re- Army, Navy, Air Force, or Marine Corps. I am colloquy. turn home safely, to reaffirm that com- also aware of a couple of recipients of the Sil- Mr. Chairman, our military vehicles mitment. The POW/MIA flag already ver Star for valor and bravery in the Korean need dependable, high-powered eco- flies above the VA Medical Center in and Vietnam conflicts. nomical engines to support the increas- Coatesville, PA. I believe that it has a Mr. Chairman, among those who have ing requirements for mobility on the positive impact on the veterans who served with distinction from the Island of modern digitized battlefield. are treated there. I am proud to fly the Guam is retired Gen. Ben Blaz, who received Mr. WELDON of Pennsylvania. Mr. flag outside my own office here on Cap- his commission in the U.S. Army upon gradua- Chairman, will the gentleman yield? itol Hill. tion from the ROTC program at Notre Dame, Mr. STRICKLAND. I yield to the gen- The second amendment, Mr. Chair- and rose to the rank of Brigadier General. tleman from Pennsylvania. man, would extend veterans preference General Blaz also served as Guam's delegate Mr. WELDON of Pennsylvania. Mr. points to reservists who served on ac- to this House from 1985±1992. Chairman, as the chairman of the Sub- tive duty during Operation Desert Mr. Chairman, until 1996 the residents of all committee on Research and Develop- Storm. There are many fine men and the insular areas were eligible to participate in ment of the Committee on National Se- women who were a large part of the the Senior ROTC program, but in that year a curity, I agree with the gentleman. success of the overall operation that judge advocate in the U.S. Army issued an Mr. STRICKLAND. H.R. 1119 provides did not receive veterans preference opinion that resulted in U.S. nationals no funding to support a unified effort by points because they were not in the longer being considered as eligible for scholar- academic, commercial, and govern- theater of operation through no fault ships in the program. This determination is mental entities administered by the of their own. To exclude them from the based on statutes which appear to limit eligi- National Automobile Center to develop benefits of service is an injustice, and bility to U.S. citizens. Persons born in Amer- and assess promising alternative vehi- this amendment will address that in a ican Samoa whose parents are not U.S. citi- cle propulsion technologies that pro- positive way. There is precedence, I zens are given U.S. national status by our vide innovative improvement for mili- would remind my colleagues, for this government, and American Samoans are the tary applications. extension from the Vietnam era. only persons given this status. Persons born The Army has recognized that Giesel In the 102d Congress, this measure in all the other U.S. insular areas are U.S. citi- technology holds the promise of sig- was introduced by Representative Tim zens. I believe that the status of U.S. nationals nificantly improved propulsion. I firm- Penny, and we are proud to move for- was not considered when the laws governing ly believe it is critical for us to provide ward on this legislation to make sure the ROTC program were drafted. funding for this technology that will that it becomes accomplished. June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4211 I want to thank the gentleman from spaces, and spacing between frames of the the language pertaining to the Worker and Florida [Mr. MICA] and the gentleman hull. Once a vessel is measured by a classi- Community Transition program in the National from Indiana [Mr. BUYER] for their as- fication society, that measurement is submit- Defense Authorization Act for fiscal year 1998. sistance with this particular amend- ted to the Department of Transportation for a The amendment restores $44 million to this ment. I believe it is in the best inter- new tonnage certificate. program, keeping a commitment to help the ests of our veterans. My amendment requires that an existing workers and communities who sacrificed to I want to again thank the gentleman tank vessel's gross tonnage is that listed on its produce our nuclear arsenal during the cold from South Carolina [Mr. SPENCE], the tonnage certificate as of July 1, 1997, for pur- war. chairman, and the gentleman from poses of the double-hull phase-out date. This Mr. Chairman, the Worker and Community California [Mr. DELLUMS] for all their amendment would uphold the integrity of the Transition Program, commonly called 3161, work for our House and for this defense double-hull law, protect our environment, and provides former Department of Energy nuclear authorization bill which is definitely in ensure that those owners who have complied weapons production workers preference for the public interest and in the interest with the law by building doubled-hulled tankers new Department of Energy cleanup jobs. It is of defense in our country. are not placed at a competitive disadvantage. important to recognize the contribution that Mr. SPENCE. Mr. Chairman, I yield 1 I urge my colleagues to support this amend- these workers have made in defeating our en- minute to the gentleman from Texas ment. emies during the cold war and provide them [Mr. BRADY], a new Member of this Ms. McCARTHY. Mr. Chairman, I rise today with job preference protection during the tran- body. in support of the amendment to the Defense sition of the Department of Energy mission Mr. BRADY. Mr. Chairman, should Authorization bill which I am offering with Mr. from bomb-making to nuclear waste cleanup. America further weaken its national HASTINGS, Mr. CRAPO, Mr. SKAGGS, and Mr. Over the last 5 years, the Department of defense strategy by deploying our mili- HALL, and which was included in the set of en Energy has reduced its prime contractor work tary to guard rain forests and endan- bloc amendments from National Security Com- force by more than 40,000 employees, from gered species in foreign countries as mittee Chairman SPENCE. The Hastings about 150,000 to less than 110,000. These re- the State Department recently pro- amendment will reinstate the funds which ductions save taxpayers approximately $2.5 posed? The answer is clearly no. At a were cut for the operation of the Department billion each year. While this is good, we must time when our defense forces are being of Energy's Office for Worker and Community not forget the human impact that restructuring reduced, when we lack the resources to Transition. This amendment will restore much is having on real people. protect our service men and women of the funding requested by the President, The Worker and Community Transition Pro- from terrorist attacks abroad, as our while requiring the Department of Defense to gram has assisted approximately 15,000 work- military bases close while those re- employ a private contractor to examine the im- ers directly affected by changes in the nuclear maining face shortages in everything pact of the program and to suggest changes weapons production mission. In addition, the from base housing to training ammuni- which will make the program more efficient. program has been very helpful in assisting tion, at a time when our armed forces The funding from the program will come from communities, including my home town of are called upon to keep peace through- excess administrative funds which the Sec- Idaho Falls, in reducing their economic de- out the world and to help fight the war retary will set aside for this use instead of pendence on Department of Energy work by on international drug trafficking, we being taken from military procurement. moving toward a more diversified economic cannot afford to divert our precious This essential program provides workers base. military resources for frivolous envi- who have been displaced by military In its current form, the National Defense Au- ronmental crusades in foreign coun- downsizing with the training that they will need thorization Act for fiscal year 1998 would re- tries. to make the transition to the private sector. In duce the Worker and Community Transition The environment is important, but Kansas City, Allied Signal has downsized Program by nearly $50 million from the Presi- the unique mission of America’s armed early 3,000 positions in the span of the last dent's request. The bill would also terminate forces, first and foremost, must always few years and later this year will be required the program effective September 1999, and be military readiness dedicated to pro- to lay off up to 700 additional workers. Those would also prohibit the use of worker and tect the freedom and security of our who will lose their jobs are more than just sta- community transition funds for local economic Nation. The amendment by the gen- tistics, they are men and women with families impact assistance. tleman from California [Mr. POMBO] who have dutifully served our Nation. It is upon this last provision that I want to and myself included in the amend- The men and women who work at the Kan- focus the remainder of my remarks. Under the ments en bloc preserves that priority. I sas City plant in my district ensure that the landmark nuclear waste agreement between thank the chairman and the ranking United States utilizes the most advanced tech- the State of Idaho and the Department of En- member for its inclusion and I urge its nology on the planet. They are a highly skilled, ergy, $30 million dollars is to be spent for passage. award-winning, quality workforce. The quality community transition purposes. These funds Mr. FRELINGHUYSEN. Mr. Chairman, I assurance program consistently ranks the have in the past come from the worker and thank the gentleman for yielding and for in- Kansas City plant at the top of the Department community transition program by way of pay- cluding my amendment as part of his en bloc of Energy's operation. Years of training and in- ment from the Department of Energy to the amendment. vestment have helped produce the quality and State of Idaho. This money is currently being Mr. Chairman, my amendment closes an experience that exists there, and it would be paid to the State of Idaho in annual install- unintended loophole in the Oil Pollution Act of wasteful to ignore the valuable contributions ments of $6 million. The Department of En- 1990 big enough to sail an oil tanker through. that this special workforce could make. In ergy is contractually obligated to make these After the Valdez oil spill, Congress passed these ever-changing economic times, we must payments. Both the Governor of the State of comprehensive oil spill legislation requiring recognize the opportunities to direct our Idaho and I expect the Department of Energy that single-hull tankers, based on their age human resources through a smooth transition to continue making these paymentsÐeither and tonnage, be phased out of operation in to the most productive and appropriate use. through the 3161 funds or by other means. If U.S. waters. That law required the construc- Not only am I confident that their skills could the Department of Energy decides to continue tion of new environmentally safe double-hulled be used elsewhere within the Department, but making these payments through 3161, the lan- tankers. Since enactment of the double-hull feel certain that, with the proper assistance, guage contained in H.R. 1119 must be requirement, some ship owners and operators they will be a productive part of the private changed to reflect the Worker and Community have searched for ways to get around this ex- sector economy in my District, and to the Na- Transition language contained in this amend- isting requirement. tion as well. ment. One method being used to extend the life of Mr. Speaker, I urge my colleagues to sup- Mr. Chairman, since the Department of En- a single-hull tanker is to adjust the vessel's port this important amendment. We must care- ergy has not clarified their intent as to which gross tonnage allowing it to fall under a lower fully prioritize our funding decisions and guard budget area they intend to make these pay- size category and be able to operate past its against sacrificing these individuals in our ments through, I ask your support for this scheduled phase-out date. For example, some quest to achieve a budget target. amendment which simply provides another av- vessel owners have had their vessels remeas- Mr. CRAPO. Mr. Chairman, today, I rise in enue by which the Department of Energy can ured to exclude certain spaces originally in- support of Worker and Community Transition meet its contractual agreements. cluded in the vessels existing measurementÐ Program language contained in the en bloc Mr. Chairman, I urge my colleagues to sup- such as water ballast tanks, certain machinery amendment. The amendment would change port the workers and the communities who H4212 CONGRESSIONAL RECORD — HOUSE June 23, 1997 helped the United States win the cold war by the rules and agree to House Concur- mental partners while acting in their supporting this amendment. rent Resolution 102 will be postponed official capacities. This action will di- Mr. EVERETT. Mr. Chairman, I rise in sup- until Wednesday, June 25, 1997. rectly support our joint efforts to port of the en bloc amendment which includes f strengthen accountability for program my amendment relating to the Comanche heli- results at the local level. copter program. This should have been in- VETERANS’ CEMETERY Through the advisory committee cluded in the report accompanying the bill, but PROTECTION ACT OF 1997 planning process required by Executive the language did not fit neatly within the pa- The SPEAKER pro tempore. The Order 12838, departments and agencies rameters of one subcommittee since it in- pending business is the question de have worked to minimize the number volves procurement, R&D, and National Guard novo of suspending the rules and pass- of advisory committees specifically issues. ing the bill, H.R. 1532, as amended. mandated by statute. There were 407 By way of background, the Army's Coman- The Clerk read the title of the bill. such groups in existence at the end of che program has been restructured four times The SPEAKER pro tempore. The fiscal year 1995, representing a 7 per- over the past 10 years purely for budgetary question is on the motion offered by cent decrease over the 439 at the begin- considerations. As a result of pushing the pro- the gentleman from Illinois [Mr. HYDE] ning of my Administration. However, gram off to the right, the development of the that the House suspend the rules and we can do more to assure that the total T±800/801 engine has outpaced that of the pass the bill, H.R. 1532, as amended. costs to fund these groups, $46 million, airframe. This production gap will give the The question was taken; and (two- are dedicated to support high-priority Army a unique opportunity to initiate a number thirds having voted in favor thereof) public involvement efforts. of risk reduction and cost avoidance initiatives. the rules were suspended and the bill, My Administration will continue to By placing the Comanche engine into Army as amended, was passed. work with the Congress to assure that Guard Huey's (UH±1's), the Army can validate The title of the bill was amended so all advisory committees that are re- logistics support and operational data of the as to read: ‘‘A bill to direct the United quired by statute are regularly re- engine. This effort will also sustain the T±800/ States Sentencing Commission to pro- viewed through the congressional reau- 801 industrial base until the Comanche comes vide sentencing enhancement for of- thorization process and that remaining on line, which is estimated to save $107 mil- fenses against property at national groups are instrumental in achieving lion. The second feature of this effort is that it cemeteries.’’ national interests. The results that can provides the National Guard with the ability to A motion to reconsider was laid on be realized by working together to procure a light utility helicopter [LUH] that is the table. achieve our mutual objective of a bet- far superior to the current Huey's in range, f ter, more accessible government will payload, and performance. increase the public’s confidence in the My amendment is very straight forward and ANNUAL REPORT ON FEDERAL effectiveness of our democratic system. involves no additional funding; it merely states ADVISORY COMMITTEES, FISCAL support of the Army's efforts to minimize costs YEAR 1995—MESSAGE FROM THE WILLIAM J. CLINTON. and technical risks of the very important Co- PRESIDENT OF THE UNITED THE WHITE HOUSE, June 23, 1997. manche program. STATES f Mr. SPENCE. Mr. Chairman, I have SPECIAL ORDERS no further requests for time, and I The SPEAKER pro tempore laid be- yield back the balance of my time. fore the House the following message The SPEAKER pro tempore. Under Mr. DELLUMS. Mr. Chairman, I have from the President of the United the Speaker’s announced policy of Jan- no further requests for time, and I States; which was read and, together uary 7, 1997, and under a previous order yield back the balance of my time. with the accompanying papers, without of the House, the following Members The CHAIRMAN. The question is on objection, referred to the Committee will be recognized for 5 minutes each. the amendments en bloc offered by the on Government Reform and Oversight: f gentleman from South Carolina [Mr. To the Congress of the United States: The SPEAKER pro tempore. Under a SPENCE]. As provided by the Federal Advisory previous order of the House, the gen- The amendments en bloc were agreed Committee Act, as amended (Public tleman from Michigan [Mr. EHLERS] is to. Law 92–463; 5 U.S.C., App. 2, 6(c)), I am recognized for 5 minutes. Mr. SPENCE. Mr. Chairman, I move submitting my third Annual Report on that the Committee do now rise. [Mr. EHLERS addressed the House. The motion was agreed to. Federal Advisory Committees, covering His remarks will appear hereafter in Accordingly the Committee rose; and fiscal year 1995. the Extensions of Remarks.] the Speaker pro tempore (Mr. TAYLOR Consistent with my commitment to f of North Carolina) having assumed the create a more responsive government, the executive branch continues to im- COMMEMORATING 25TH chair, Mr. YOUNG of Florida, Chairman ANNIVERSARY OF TITLE IX of the Committee of the Whole House plement my policy of maintaining the on the State of the Union, reported number of advisory committees within The SPEAKER pro tempore. Under a that that Committee, having had under the ceiling of 534 required by Executive previous order of the House, the gen- consideration the bill (H.R. 1119) to au- Order 12838 of February 10, 1993. As a tleman from Michigan [Mr. BONIOR] is thorize appropriations for fiscal years result, my Administration held the recognized for 5 minutes. 1998 and 1999 for military activities of number of discretionary advisory com- Mr. BONIOR. Mr. Speaker, I want to the Department of Defense, to pre- mittees (established under general con- take a moment at the outset to thank scribe military personnel strengths for gressional authorizations) to 512, or 36 the gentlewoman from Hawaii [Mrs. fiscal years 1998 and 1999, and for other percent fewer than the 801 committees MINK] for all the work she has done on purposes, had come to no resolution in existence at the time I took office. title IX. The gentlewoman from Hawaii thereon. During fiscal year 1995, executive de- [Mrs. MINK] was here in 1972, and was f partments and agencies expanded their involved in title IX from its very begin- efforts to coordinate the implementa- ning. She has made a big difference in ANNOUNCEMENT BY THE SPEAKER tion of Federal programs with State, the lives of women throughout this PRO TEMPORE local, and tribal governments. To fa- country. I respect her both for her The SPEAKER pro tempore. Pursu- cilitate these important efforts, my leadership and for her determination. ant to clause 5 of rule I, the Chair will Administration worked with the Con- We are here gathered today to com- now put the question de novo on the gress to pass the ‘‘Unfunded Mandates memorate the 25th anniversary of title motion to suspend the rules and pass Reform Act of 1995’’ (Public Law 104–4), IX, the landmark civil rights legisla- the bill, H.R. 1532, on which further which I signed into law on March 22, tion that has opened the doors for proceedings were postponed earlier 1995. The Act provides for an exclusion young women in our Nation’s high today. from the Federal Advisory Committee schools, colleges and universities. The Chair announces that further Act (FACA) for interactions between I was on an athletic scholarship in proceedings on the motion to suspend Federal officials and their intergovern- 1963 to the University of Iowa, on a June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4213 football scholarship. Back then we did level has soared to 37 percent, women across this Nation are working to clean not have one woman who was on an are still only getting 23 percent of the the air, when the Clean Air Amend- athletic scholarship. They were on the operating expenditures. ments of 1990 and the Clean Air Act it- sidelines. Back then young women, be- Oftentimes we can get lost in those self are showing themselves to be cause of their gender and despite their statistics, but if we think of these not working, than here comes the EPA, talent, were denied access to the game. as statistics but as our daughters, and about to change the finish line in the Women were discouraged from playing if we think of the wage gap not as a pie middle of this race. We fear that they catch or mixing it up or from clinching chart but as a message of worth, and if are about to propose a tightening of the title. In 1963 that was the reality we think of the operating expenditures the standards for something called par- for women. not as numbers on a ledger but as the ticulate matter. Particulate matter is Today we are in a new world. Today tools and the support our daughters a fancy word for the soot that comes young girls are turning out in droves to need to succeed, then we can begin to out of the smokestacks of this Nation see the Silver Bullets, hungry to watch understand where we are today, why it or for the dust that blows off of fields women play baseball. Seventy-six is not good enough, why we have to in agricultural areas. And also for thousand fans pack a stadium in Ath- move forward. changing the standards for something ens, GA to watch the U.S. women’s Today millions of girls play on the called ozone which is nothing more Olympic soccer team defeat China for soccer fields, are involved in little than smog. the gold. The daughters of women who leagues and compete in gymnastics. b 2330 were relegated to half-court, 3-dribble They do not know that title IX is the basketball just began just this week reason that they have these opportuni- Now you see the problem is that in- their inaugural season of the WNBA, a ties, but title IX was passed for them. dustries in this Nation, that locales women’s professional basketball From the field and from their games and States are implementing plans league. and from their meets, they will learn aiming at hitting the targets that have Everywhere in this country girls are lessons about commitment and con- been set since 1987 in some instances, playing sports with an intensity their centration and energy which they will and now at a time when we are about mothers did not have the opportunity use throughout their lives. In the next to come into compliance, when many to learn. The lessons they are learning, 25 years, may we help our daughters counties across this great Nation are that growing sense of physical power, use these lessons to continue laying beginning to come into compliance, the is strengthening the rest of their lives. the foundation for a better tomorrow. EPA is about to take a action we feel We are all familiar with the cliches With that, Mr. Speaker, I am just that will throw 400 counties out of that we want our daughters to grow up pleased to join my colleagues, the gen- compliance. Now what happens if your county, so they can be doctors and lawyers and tlewoman from Hawaii [Mrs. MINK] and Presidents of the United States, and the gentlewoman from New Jersey Mr. and Mrs. Congressman, is one of those counties or the counties in your now basketball players. But that is [Mrs. ROUKEMA] in offering today a bi- really what this law and this struggle partisan resolution which not only region are those counties well, what is all about. celebrates the 25th anniversary of title happens is first of all that your State We have spent the last 25 years not IX but also looks to the future with a that is about to implement a plan to only fighting barriers, bringing down promise to uphold and enforce this leg- clean up the air says wait a minute, we walls and opening doors, but also try- islation in order to ensure equal oppor- are going to stop, we are not going to ing to establish a norm. With every tunity for all Americans. take the action to clean up the air, and as a result we will have dirtier air for freshman class, with every graduation, f young women are establishing another a longer period of time. The other re- layer of accomplishments, another The SPEAKER pro tempore. Under a sult is if you are out of compliance the layer of firsts and another layer for previous order of the House, the gen- day these new regulations will take ef- younger girls to see, so that by the tleman from Arizona [Mr. KOLBE] is fect it will be harder for the local gov- time their turn comes, they feel not recognized for 5 minutes. erning body, whether it is the county fortunate to be given a chance, but [Mr. KOLBE addressed the House. His commissioners, whether it is a city, a that it is their right to have a chance. remarks will appear hereafter in the township, a bureau, would not be able We are reaching a crucial point Extensions of Remarks.] to issue building permits to industries where young girls are not only being f that want to expand or new industries given the resources they need to suc- that want to locate in your region, and SUPPORT H.R. 1984 TO LIMIT ceed but also can look to role models, so the dramatic impact, even if they POWER OF EPA people like the Mia Hamms and Sally said let U.S. Put these new regulations Rides and Sheryl Swoopes, and then The SPEAKER pro tempore. Under a on the book but we are not going to en- look inside themselves and wonder if previous order of the House, the gen- force them today, does not matter be- they have those same abilities. tleman from Pennsylvania [Mr. KLINK] cause the day those regulations are put Before title IX in 1972, only 9 percent is recognized for 5 minutes. on the books industries and local gov- of the medical degrees went to women, Mr. KLINK. Mr. Speaker, I rise to- ernment leaders are going to have to only 1 percent of the dental degrees night to beg of my colleagues on both begin to react to them in ways that went to women, only 7 percent of the sides of the aisle to join me in an ef- will cost jobs across this Nation, in law degrees. Now women are receiving fort, and I have spoken on this during ways that will cause local governing 38 percent of medical and dental de- the last several weeks. We have a bill bodies to spend more money, industry grees and 43 percent of law degrees. called H.R. 1984. That is the number. I to spend more money. Title IX has opened doors and al- thought it was very unusual that we And so this bill that I am talking lowed our daughters to entertain big end up with the No. 1984, because there about that I would like to encourage dreams. For many girls these dreams are those of my colleagues who remem- my colleagues to join me on is a bipar- are evolving into reality. But while we ber the George Orwell novel about Big tisan bill. The gentleman from Michi- are getting there, we are not there yet. Brother peering into our lives. This gan [Mr. UPTON] on the Republican There is still a wage gap. There are really is to deal with Big Brother side, myself on the Democratic side, still too many doors closed to young peering into our lives in the form of along with the gentleman from Vir- women today. the Environmental Protection Agency. ginia [Mr. BOUCHER] have introduced There are still too many places where All of us agree with the goals, I be- H.R. 1984 that says simply this: Rather title IX is not enforced. Twenty-five lieve, of the EPA and, that is, that we than spending billions of dollars and schools are now under scrutiny by the should have clean water to drink and really ending up having dirtier air for a Women’s National Law Center for to use and we should have clean air to longer period of time and costing a being out of compliance. And even breathe, and we have all been working million jobs or more, let U.S. Author- though in the last 5 years women’s to that end. However, many of us are ize the expenditure of $75 million a sports participation at the collegiate concerned that at a time when States year over the next 5 years, and during H4214 CONGRESSIONAL RECORD — HOUSE June 23, 1997 that period of time we will ask that we SUBCOMMITTEE ON TECHNICAL AND TACTICAL fense, include those military intelligence ac- build the new PM monitors that will INTELLIGENCE tivities outside the defense intelligence pro- measure the air across this Nation. Robert K. Dornan (Republican, California), gram that respond to requirements of mili- Right now for this particulate matter Chairman tary commanders for operational support in- James V. Hansen (Republican, Utah) formation as well as to national command, there are only 50 monitors that exist control, and intelligence requirements. The across the whole country. Let U.S. Jerry Lewis (Republican, California) Bud Shuster (Republican, Pennsylvania) programs comprising TIARA also fall within Build enough monitors that we can get Bill McCollum (Republican, Florida) the jurisdiction of the National Security the scientific data and that we can Michael N. Castle (Republican, Delaware) Committee. then analyze it. Nancy Pelosi (Democrat, California) INTELLIGENCE AUTHORIZATION ACTS FOR FISCAL The reason the EPA is moving in this Norman D. Dicks (Democrat, Washington) YEARS 1996 AND 1997 direction is that they were sued by the Robert G. Torricelli (Democrat, New Jer- During the 104th Congress, the Committee American Lung Association that said sey) authorized funding and personnel levels for every 5 years under the act you are David E. Skaggs (Democrat, Colorado) fiscal years 1996 and 1997. This activity was supposed to go back and take a look at The stated purpose of H. Res. 658 of the carried out at the full Committee level, rath- this. Does not mean you have to 95th Congress, which created the House Per- er than through a separate subcommittee, as change the standards, does not mean manent Select Committee on Intelligence, had been the practice in past years. was to establish a committee ‘‘to oversee The Committee conducted detailed and ex- you have to tighten the standards, but and make continuing studies of the intel- tensive reviews of the President’s fiscal year every 5 years you have to go back and ligence and intelligence-related activities 1996 and fiscal year 1997 budget requests for review the standards, and they said, and programs of the United States Govern- intelligence and intelligence-related activi- EPA, you have not done this since 1987, ment and to submit to the House appropriate ties. These reviews included substantive and and now we are in 1997, so it has been proposals for legislation and report to the programmatic hearings member briefings 10 years. And what we are saying is House concerning such intelligence and in- and numerous staff briefings. The Commit- that until you build those new mon- telligence-related activities and programs.’’ tee conducted hearings organized across itors, until you deploy those monitors H.Res. 658 also indicated that the Commit- functional lines within the Intelligence Com- tee ‘‘shall make every effort to assure that munity rather than by agency. This per- across this Nation, gather the data, an- the appropriate departments and agencies of mitted the Committee to take a broader other 5 years will pass. the United States provide informed and view of each of the issues and analyze how Why do we want to spend billions of timely intelligence necessary for the execu- the various intelligence functions relate to dollars changing the target of clean air tive and legislative branches to make sound one another. in the middle of this race to achieve it? decisions affecting the security and vital in- Testimony on the President’s budget sub- It makes no sense at all. terests of the Nation. It is further the pur- mission was taken from the Director of And so, Mr. Speaker, I would request pose of this resolution to provide vigilant Central Intelligence; the Assistant Secretary that our colleagues join me and say for legislative oversight over the intelligence of Defense for Command, Control, Commu- nications and Intelligence (CI); the Directors 5 years let U.S. Not implement the new and intelligence-related activities of the United States to assure that such activities of the DIA, NSA and the FBI; and major in- regulations, let U.S. Get good science, are in conformity with the Constitution and telligence program managers. let U.S. Study the issue, let U.S. De- laws of the United States.’’ The Committee began its review of these ploy these monitors, and then after 5 REPORT budget submissions with the view that the years we will take a look at this issue Committee’s recommended authorization SCOPE OF COMMITTEE REVIEW again and the health and the air of this levels for the past several years had been Nation will be much better for it. U.S. intelligence and intelligence-related driven to some degree by political consider- activities under the jurisdiction of the Com- ations as to an ‘‘acceptable’’ intelligence f mittee include the National Foreign Intel- budget level. For the fiscal years 1996–1997, REPORT ON THE ACTIVITIES OF ligence Program (NFIP), the Joint Military the Committee emphasized the future needs THE PERMANENT SELECT COM- Intelligence Program (JMIP) and the Depart- and requirements of the Intelligence Com- ment of Defense Tactical Intelligence and MITTEE ON INTELLIGENCE DUR- munity, believing firmly that the U.S. must Related Activities (TIARA). start building now for the Intelligence Com- ING THE 104TH CONGRESS The National Foreign Intelligence Pro- munity we will need in the 21st century. The SPEAKER pro tempore. Under a gram consists of activities in the following Four themes were central to the Commit- previous order of the House, the gen- departments, agencies or other intelligence tee’s budget deliberations: (1) evaluating elements of the government: (1) the Central tleman from Florida [Mr. GOSS] is rec- each budget line solely on the merits of that Intelligence Agency (CIA); (2) the Depart- ognized for 5 minutes. program; (2) eschewing the practice of estab- ment of Defense; (3) the Defense Intelligence lishing an arbitrary budget ceiling and then Mr. GOSS. Mr. Speaker, I am pleased to Agency (DIA); (4) the National Security forcing program trade-offs to remain within transmit herewith, pursuant to clause 1(d) of Agency (NSA); (5) the National Reconnais- the ceiling; (3) giving increased emphasis to rule XI of the Rules of the House of Rep- sance Office (NRO); (6) the Departments of ‘‘downstream’’ activities (the processing, ex- resentatives, a report on the activities of the the Army, Navy and Air Force; (7) the De- ploitation and dissemination of intelligence Permanent Select Committee on Intelligence partment of State; (8) the Department of data and analysis) in order to create a better during the 104th Congress. Treasury; (9) the Department of Energy; (10) balance between these activities and collec- the Federal Bureau of Investigation (FBI); tion; and (4) thinking about longer term in- REPORT (11) the Drug Enforcement Administration; telligence priorities. This report covers the activities of the and (12) the National Imagery and Mapping As a result of these themes and its detailed House Permanent Select Committee on In- Agency (NIMA). reviews, the Committee recommended very telligence during the One Hundred Fourth The Joint Military Intelligence Program modest increases for both fiscal years in Congress. Larry Combest (Republican, (JMIP) was established in 1995 to provide in- order to reverse the decline of past years and Texas) served as Chairman; Norman D. Dicks tegrated program management of defense in- to create some stability in which intel- (Democrat, Washington) served as Ranking telligence elements that support defense- ligence program managers could make nec- Democratic Member. wide or theater-level consumers. Included essary and appropriate plans for the future. In carrying out its mandate from the within JMIP are aggregations created for AREAS OF SPECIAL INTEREST House regarding oversight of U.S. intel- management efficiency and characterized by The following issues were of special inter- ligence and intelligence-related activities, similarity, either in intelligence discipline est to the Committee during the 104th Con- the Committee created two subcommittees: (for example, Signals Intelligence, Imagery gress: SUBCOMMITTEE ON HUMAN INTELLIGENCE, Intelligence) or function (for example, sat- ANALYSIS AND COUNTERINTELLIGENCE ellite support or aerial reconnaissance). The IC21: The Intelligence community in the 21st Jerry Lewis (Republican, California), programs comprising JMIP also fall within century Chairman the jurisdiction of the National Security IC21 was a major focus of the Committee’s C.W. Bill Young (Republican, Florida) Committee. activities during the 104th Congress—a re- Porter J. Goss (Republican, Florida) The Department of Defense Tactical Intel- view of the roles, functions, missions and ca- Bud Shuster (Republican, Pennsylvania) ligence and Related Activities (TIARA) are a pabilities of the Intelligence Community Bill McCollum (Republican, Florida) diverse array of reconnaissance and target with an emphasis on how well suited these Michael N. Castle (Republican, Delaware) acquisition programs that are a functional were to likely national security concerns in Ronald D. Coleman (Democrat, Texas) part of the basic military force structure and the 21st century. IC21 started from the Bill Richardson (Democrat, New Mexico) provide direct information support to mili- premise that the United States continues to Julian C. Dixon (Democrat, California) tary operations. TIARA, as defined by the need a strong, highly capable and increas- David E. Skaggs (Democrat, Colorado) Joint Chiefs of Staff and the Secretary of De- ingly flexible Intelligence Community and June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4215 that this need has not diminished with the concerns about the ability of a Defense com- The National Reconnaissance Program end of the Cold War. IC21 emphasized oppor- bat support agency to serve all national cus- In perhaps no area did the Committee have tunity—a propitious time for us to undertake tomers. Similarly, concerns about the possi- greater success in meeting its goal of shap- such a review and to implement rec- bility of tactical intelligence needs over- ing a 21st century Intelligence Community ommended changes, not reform. All facets of whelming competing national needs for im- than in the National Reconnaissance Pro- the Intelligence Community were subject to agery was a key consideration in the Com- gram (NRP), which is responsible for the de- scrutiny; there were no preconceptions as to mittee’s opposition to the creation of NIMA. velopment, launch and operation of space- the ‘‘right answer’’ to this study. There were also concerns about putting im- borne collection systems. The IC21 effort was buttressed by a signifi- agery analysts within the collection agency Beginning with its work on the fiscal year cant intellectual underpinning. Over 40 cur- and the NIMA would reinforce the concept of 1996 intelligence budget, the Committee rent and former national security officials, separate and competing collection ‘‘stove- raised serious questions about current man- academics and intelligence veterans were pipes,’’ rather than a more corporate and co- agement practices of the NRO and the future queried in order to shape the initial inquiry. operative system. Despite the opposition of a of collection systems. Although the Commit- It was decided that a functional approach majority of this Committee, NIMA was cre- tee approved 99% of the funds requested for (requirements; the management of resources, ated as part of the FY1997 Defense Author- the NRP in that fiscal year, these funds were collection, production; systems development, ization Act. significantly redistributed, a reordering that the various collection disciplines; analysis; As reported by the Committee in June 1996, was not without controversy on the Commit- infrastructure; evaluation) to intelligence the IC21 bill advanced more modest changes tee. was preferable to an agency-by-agency re- in six main areas: (1) improving the support The Committee and, ultimately, Congress view. The committee believed that an agen- structure for the DCI to carry out his Com- also mandated in the fiscal year 1996 Author- cy-by-agency review would more likely lead munity-wide responsibilities, including a ization Act that the DCI create a panel to as- to either a confirmation or rejection of the second Deputy DCI for Community Manage- sess the feasibility of moving to smaller sat- status quo without providing a basis for pro- ment and an enhanced Community Manage- ellites in the future. In asking for this report jecting future intelligence needs and how ment Staff; (2) limited increases in the SCI’s the Committee was not advocating an imme- best to meet them. authority to transfer personnel and money diate shift to such satellites. Rather, the IC21 was, to the fullest extent possible, an within the National Foreign Intelligence Committee believed the time was ripe to open and public process. The Committee held Program; (3) establishing the Director, DIA look at the feasibility of such a step in the seven open hearings and one closed hearing as the DMI, with a DMI Staff; (4) improving future, with the clear understanding that if that has since been declassified. Witnesses executive guidance and direction, creating a panel of experts advised against it, then it included the Director of Central Intelligence two committees on the National Security would not be an option. Nonetheless, the (DCI) and six of his eight predecessors, rep- Council, Foreign Intelligence and Transi- Committee was gratified when the panel re- resenting a wealth of professional experi- tional Threats; (5) creating a Civilian Intel- ported to the DCI in May 1996 ‘‘that now is ence; experts in future technologies; and ligence Personnel Management System in an appropriate time to make a qualitative former senior policy and intelligence offi- the Defense Department; and (6) authorizing change in the systems architecture of the cials. The Committee also drew upon the ex- the DCI and Secretary of Defense to under- nation’s reconnaissance assets.’’ The panel tensive work that had been done for the fis- take a study on the future of intelligence stated that capabilities currently exist to cal year 1996 and 1997 intelligence budgets. collection, including the concepts put for- build an imagery satellite 75% lighter but Committee staff also conducted dozens of ward in the IC21 study. with 50% more capacity than the currently interviews and held several staff panels with The IC21 staff study also recommended planned systems. The Committee agrees with other intelligence experts. changes in the House rules for this Commit- the DCI that much more work and study Majority staff used this functional ap- tee. Specifically, it recommended that the need to be done on the transition to such proach as a template for 14 staff studies, system of rotating membership on this Com- systems. However, this change offers the which were published in April 1996. The IC21 mittee be ended and that membership be prospects of satellite systems that will be staff studies included 87 findings and 105 rec- made permanent, although still selected by more flexible and less expensive in terms of ommendations. Chief among them was the the Speaker and the Minority Leader. launch costs—both of which will be impor- need for a more ‘‘corporate’’ Intelligence The Senate Select Committee on Intel- tant contributors to an improved Intel- Community, i.e., an Intelligence Community ligence incorporated its own proposals for ligence Community. in which all components understand that ‘‘intelligence community reform and re- Guatemala newal’’ in its version of the FY1997 Intel- they are part of a larger coherent process The Committee undertook an extensive re- ligence Authorization Act. The conference aiming at a single goal: the delivery of time- view of allegations concerning CIA involve- over these bills then became the venue in ly intelligence to policy makers at various ment in certain activities in Guatemala, es- levels. which final decisions ere made about IC21 is- pecially the murder of U.S. citizen Michael The staff studies also identified continued sues and alternative Senate proposals. DeVine and the disappearance of Efrain H.R. 3259 enacted the following provisions shortcomings in and recommended strength- Bamaca, a Guatemalan guerrilla. The Com- related to Intelligence Community manage- ening the authorities (versus responsibil- mittee also investigated allegations of the ment and structure: ities) of the DCL, particularly in the areas of destruction of documents by U.S. Army offi- budget and personnel, where individual pro- Created National Security Council Com- mittees on Foreign Intelligence and on cers purported to prove U.S. human rights gram managers often appear to have greater violations in Guatemala, and a possible cir- independence. The study also recommended Transnational Threats; Created a Deputy DCI for Community Man- cumvention of U.S. laws relating to the cut- designating the Director, DIA as the Direc- agement, subject to confirmation by the off of assistance to Guatemala via intel- tor of Military Intelligence (DMI) and sup- Senate; ligence liaison relationships. Many of these porting him with a DMI Staff, in order to im- Under this new Deputy DCI, created three allegations were raised publicly by Rep- prove corporate thinking in that major part Assistant DCIs: Collection; Analysis & Pro- resentative Torricelli. of the Intelligence Community. duction; Administration. Each will be sub- A draft report of the results of the inves- Among the more controversial proposals ject to confirmation by the Senate; tigation was prepared by Committee staff were several in the area of intelligence col- Strengthened the evaluation function of but not considered by the Committee during lection, including the creation of a Technical the National Intelligence Council; the 104th Congress. The draft report con- Collection Agency (TCA), combining signals Enhanced the DCI’s authority over Intel- cluded that there was no evidence to support intelligence imagery intelligence and meas- ligence Community budget and personnel; these allegations. There was no evidence urement and signatures intelligence in a sin- Made the General Counsel of the CIA a that U.S. Government personnel played any gle agency so as to break down the ‘‘stove- statutory position, subject to Senate con- role in either the death of DeVine or the dis- pipes’’ in which these collection disciplines firmation; appearance of Bamaca, or that the U.S. Gov- are often bound and the creation of a Tech- Required the concurrence of the DCI in the ernment concealed any action that might nology Development Office (TDO), to be re- appointment of the Directors of the National have constituted a violation of U.S. law. sponsible for all research and development of Security Agency, the National Reconnais- Further, the allegations concerning docu- collection-related technology. IC21 also rec- sance Office and the National Imagery & ment destruction by two Army officers ap- ommended that the Clandestine Service be Mapping Agency; and pear to have been fabricated by the person organizationally separated from the CIA, Required consultation with the DCI in the who provided them to Representative giving the DCI direct authority over that appointment of the Director of the Defense Torricelli. This fabrication remains under service. Intelligence Agency; the Assistant Secretary investigation by the U.S. Attorney in Balti- The concept of a TCA was in contrast to of State for Intelligence & Research; and the more, Maryland. The draft report also con- the proposal made by the DCI to create a Na- Assistant Director of the FBI for the Na- cluded that the U.S. did not use intelligence tional Imagery and Mapping Agency (NIMA) tional Security Division. channels to unlawfully compensate Guate- that would combine all imagery assets, in- The main thrust of these provisions is to mala for the cutoff of overt assistance. cluding collection, processing, exploitation enhance of the DCI’s ability to carry out his Finally, although there was no evidence and analysis in a single Defense Department Community-wide responsibilities either di- that any U.S. government employee know- combat support agency. A majority of the rectly or through the enhanced Community ingly misled Congress’s intelligence over- Committee did not support NIMA, citing Management function. sight committees, the draft report concluded H4216 CONGRESSIONAL RECORD — HOUSE June 23, 1997 that the CIA failed in its obligation under 50 that may have come from controlled Soviet les, and attending and participating in two U.S.C. 413 to keep those committees ‘‘fully sources influenced U.S. decision making. The ‘‘town hall’’ meetings in South Central Los and currently informed.’’ The President’s In- Committee’s investigation revealed manage- Angeles. telligence Oversight Board which also con- ment problems in the dissemination of cer- The Committee’s investigation will con- ducted a review of these activities, made tain reports and the degree to which these tinue into the 105th Congress, with much note of this failure in its report. were conveyed to policy makers with accu- more data to be reviewed and interviews to The draft report will be reviewed and re- rate and proper caveats. However, neither be conducted. For example, the CIA IG has leased, as appropriate, at the beginning of this Committee, the Defense Department nor identified over 6000 documents available for the 105th Congress. the CIA were able to discover any U.S. deci- Committee review. The Committee also an- Haiti sions that were influenced by controlled- ticipates additional travel related to this in- The Committee undertook an investigation source reports. Indeed, given the inherent vestigation, including additional trips to as to whether intelligence collection and re- complexity of Defense acquisition decisions, California and Nicaragua. As previously porting on Haiti was being politicized by pol- it would be highly unusual—if not impos- mentioned, the Committee will not complete icy officials. The Committee heard testi- sible—for this process to be influenced solely its investigation until it has had the oppor- mony from a variety of witnesses, including by such reports alone, whether accurate or tunity to review the results of the two sepa- representatives of CIA, DIA and the State controlled. rate IG investigations that will likely not be Department. A report has not been prepared Finally, the Committee asked the Inspec- completed until the end of 1997. pending further investigation and the com- tor General of the Department of Justice to pletion of an inquiry on Haiti by the Inspec- conduct a review of the FBI’s performance in f the Ames case. The Department of Justice tor General of the Department of State. The SPEAKER pro tempore. Under a Iran/Bosnia agreed to do this in February 1995. However, by the end of the 104th Congress the Justice previous order of the House, the gen- In April 1996, press articles asserted that IG had not yet finalized what has been de- tleman from Michigan [Mr. UPTON] is the Clinton administration had not objected scribed as a voluminous and weighty report to the shipment of arms from Iran into recognized for 5 minutes. that the Committee expects to be of great Bosnia. Specifically, the U.S. ambassador, value in its review of the Nicholson and Pitts [Mr. UPTON addressed the House. His when asked by Croatian government officials espionage cases. remarks will appear hereafter in the for the U.S. position regarding such ship- Extensions of Remarks.] ments, was ordered by senior State Depart- CIA drug trafficking investigation In August 1996, the San Jose Mercury News ment and NSC officials to respond to the f Crotians that he had ‘‘no instructions.’’ The published a series of articles regarding the Committee voted to investigate ‘‘those as- introduction, financing, and distribution of pects of the transfer of arms to Bosnia that crack cocaine into communities of Los Ange- URGING PASSAGE OF THE NA- fall within the committee’s responsibilities les. The articles alleged that one of the drug TIONAL DEFENSE AUTHORIZA- to conduct oversight of the intelligence ac- trafficking rings responsible for introducing TION ACT tivities of the United States Government.’’ crack cocaine to Los Angeles was operated Specifically, the Committee’s investigation by a Nicaraguan who used some of his drug The SPEAKER pro tempore. Under a focused on the following issues: profits to provide lethal and non-lethal as- previous order of the House, the gen- How was the ‘‘no instructions’’ policy im- sistance to the Contras. Furthermore the tleman from Pennsylvania [Mr. FOX] is plemented? Mercury News articles implied that the CIA recognized for 5 minutes. How did the State Department, National either backed, or at least condoned, the drug Security Council (NSC) and CIA react to this trafficking activity. In September 1996, the Mr. FOX of Pennsylvania. Mr. Speak- policy? Committee began a formal investigation into er, I rise tonight to urge the adoption What effect did the CIA’s lack of under- these allegations. Separate investigations and final form of the National Defense standing of the policy have on events in the were also begun by the Inspectors General Authorization Act for fiscal year 1998. region and on relations within the embassy (IG) of the Department of Justice and the The challenge we have is to protect itself? CIA. U.S. interests in an uncertain world, Did the implementation of this policy con- The scope of the Committee’s investiga- Mr. Speaker. The continued decline in stitute a covert action? tion focuses on the following questions: The Committee will review the findings of Were any CIA operatives/assets involved in defense spending and ongoing reduc- the investigation and issue a report in the the supply or sale of drugs in the Los Ange- tions in the size of U.S. armed forces 105th Congress. les area? combine that increasing pace of oper- The Ames espionage case If CIA operatives or assets were involved, ations especially in peacekeeping and The Committee continued to work on is- did the CIA have knowledge of the supply or humanitarian relief missions are com- sues that arose as a result of the espionage sale of drugs in the Los Angeles area by any- pelling the U.S. military to do more of Aldrich Ames. One issue, identified in the one associated with the Agency? with less. Managing budgetary mili- Committee’s 1994 report on this case, was the Did any other U.S. Government agency or tary and strategic risks in this envi- employee within the Intelligence Commu- failure of the CIA to keep the oversight com- ronment requires the defense program mittees fully and currently informed of the nity have knowledge of the supply or sale of 1985–86 losses of assets and of important de- drugs in the Los Angeles area between 1979– that balances the imperatives to main- velopments in its efforts to determine the 1969? tain forces ready to deploy and fight cause of those losses. This failure was made Were any CIA officers involved in the sup- today to sustain a decent quality of more egregious by the fact that, in several ply or sales of drugs in the Los Angeles area military life and to prepare now for instances prior to Ames’ arrest, members of since 1979? these certain challenges of the future. the Committee had asked pointed questions Did the Nicaraguan Contras receive any fi- H.R. 1119 helps restore a measure of nancial support, through the sale of drugs in about ongoing counterintelligence problems. balance to the Nation’s defense pro- Acting DCI Admiral William Studeman the United States, during the period when stated that the CIA had failed to meet its ob- the CIA was supporting the Contra effort? If gram by doing the following: Sustain ligation under Section 502 of the National so, were any CIA officials aware of this ac- the readiness of U.S. combat forces Security Act, requiring that Congress be in- tivity? safeguarding the resources and the formed of all intelligence activities includ- What is the validity of the allegations in training required for victory in high in- ing ‘‘any significant intelligence failure.’’ the San Jose Mercury News? tensity combat which is what makes The Committee then investigated whether The Committee, in keeping with past prac- U.S. troops the best in the world, pro- this failure to notify was intentional. The tice, also stated that it would await the com- viding a decent quality of life to serv- pletion of the two IG investigations and re- Committee, as a result of the inquiry, did ice members and their families to ease not find that any senior CIA official ever di- view the results as part of the Committee’s rected the withholding of information from inquiry into this matter before issuing a re- the men and problems associated with Congress. The investigation did reveal, how- port. the high level of activity and numerous ever, that CIA officials did not consider Since the beginning of its investigation, operations for an all-volunteer mili- bringing the issue of espionage problems to the Committee has engaged in many activi- tary that is 65 percent married, striv- the attention of Congress. Not all CIA offi- ties to gather information, including: ing for adequate modernization to in- cials understood the requirement of Section tasking the Congressional Research Service sure today’s technological edge for the 502. Congress does not have to ‘‘ask the right for background data related to the Iran- U.S. troops on tomorrow’s battlefields Contra investigations; taking the IGs of the questions’’ in order for information to be and implementing real defense reform conveyed the Intelligence Community must Department of Justice and CIA to provide be forthcoming. access to all material that they compile in by downsizing unnecessary defense bu- A second issue relating to Ames’ espionage the course of their investigations conducting reaucracy and making defense business concerned whether intelligence reporting several interviews in Washington, Los Ange- practices more efficient. June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4217 I believe this legislation, Mr. Speak- relations with the People’s Republic of the gentleman from Arizona [Mr. er, helps to restore balance to Ameri- China. It is very important this year KOLBE], in putting together legislation ca’s defense program essential for man- because, as we sit here on the verge of that we will be introducing called the aging the risks to U.S. national secu- the reversion of Hong Kong to China, China Human Rights and Democracy rity in an uncertain world. I am espe- the termination of a 99-year-old lease, Act, geared toward that last sentence cially pleased that certain amend- it seems to me that we have a respon- that I mentioned in the Wall Street ments have been included within this sibility to recognize the plight of the Journal piece that appeared today. bill not least of which is the veterans people of Hong Kong. We should look at positive ways. We preference which was adopted earlier in It is very fascinating to observe the have been dealing with Members who a voice vote that I offered and as well message which has emerged from Hong have opposed MFN like the gentleman the recognition, remembrance to the Kong. There is no more respected fight- from New York [Mr. SOLOMON], the POW/MIA’s from the Vietnam war, as er for political pluralism, human rights gentleman from New Jersey [Mr. well as the resolution and amendment and economic freedom than Martin SMITH], and others. I am hoping that from the gentleman from Indiana [Mr. Lee. Martin Lee has been an outspoken they will join as cosponsors of this leg- BUYER] and the gentleman from Rhode advocate, having fought diligently in islation when we introduce it because Island [Mr. KENNEDY] to improve the Hong Kong for all of these things, and all it is, is positive movement by in- Department of Defense and Depart- he has sent a very strong message on creasing funding for the National En- ment of Veterans Affairs’ investigation this vote which we are going to face to- dowment for Democracy which has of Persian Gulf illnesses and the treat- morrow. He said, ‘‘The nonrenewal of played a role in encouraging village ment of ill gulf war veterans. Specifi- MFN would hurt U.S. Badly. This is elections, where 800 million Chinese cally, the amendment will authorize something we cannot afford when we have participated with secret ballots, $4.5 million to establish a cooperative are already undergoing a critical tran- with noncommunist candidates in gen- DOD-VA program of clinical trials to sition.’’ No one, no one is fighting on erating and selecting their own leaders, evaluate treatments which might re- the front line for human rights and and we also called for increasing that lieve the symptoms of gulf war ill- those things which we as Americans very important message which we have nesses, require the Secretaries of both feel so strongly about than Martin Lee. all fought for through Radio Free Asia departments to develop a comprehen- The Governor of Hong Kong, Chris and the Voice of America. sive plan for providing health care to Patten, has said, ‘‘I say to you on be- So I hope that many will join this all veterans, active duty members and half of the whole community in Hong legislation that the gentleman from Il- reservists who suffer from the symp- Kong that you will not help U.S. by linois [Mr. PORTER] and I and others toms of the gulf war illnesses. damaging our economy and damaging are introducing, and let me close, Mr. And finally, Mr. Speaker, the gen- confidence in our future. The best way Speaker, by addressing an issue which tleman from Alabama [Mr. BACHUS] to help U.S. is by renewing MFN and has gotten a great deal of attention. and I worked together on an amend- continuing the policy of engagement There is a view that religious leaders ment to deny military benefits to any towards China.’’ in this country stand en masse oppos- person who has been convicted of a Now these are two people who are ing normal trade relations with China. State or Federal crime where death is right there on the scene. It is very easy Well, I was very pleased last week to a possible punishment or sentenced to for the U.S. to sit here in Washington, have received a letter from the Great Reverend Billy Graham who does not imprisonment without parole, and this DC and do what makes the U.S. feel want to get involved in the MFN de- of course is in the case of Timothy good rather than doing good. The fact bate and he made that very clear. But McVeigh, where you have seen someone of the matter is there are people there he did say the following in his letter to who caused the tragic deaths of so and there are people here in this House me. many people in Oklahoma, over 168, who fortunately understand how im- and this is certainly not someone who portant it is. I am in favor of doing all we can to Today in the Wall Street Journal strengthen our relationship with China and is fitting to have a military funeral its people. China is rapidly becoming one of and a military burial befitting a hero, there was a great piece written by some extraordinarily patriotic Ameri- the dominant economic and political powers and this legislation will certainly ad- in the world, and I believe it is far better to dress that particular oversight. cans. Ronald Reagan’s Ambassador to keep China as a friend than to treat it as an I submit to you this legislation to the United Nations Jeane Kirkpatrick, adversary. help our defense is appropriate, it will our former colleague and former HUD Mr. Speaker, I hope very much that keep U.S. at the cutting edge of tech- Secretary Jack Kemp, former Defense my colleagues will join tomorrow by nology and will correctly and properly Secretary Donald Rumsfeld, former voting no on the resolution of dis- make sure that we care for and attend presidential candidate and great busi- approval. to the needs of our servicemen and ness leader Steve Forbes, the former f women who are doing so much in the Secretary of Education Lamar Alexan- der; in today’s Wall Street Journal THE 25th ANNIVERSARY OF TITLE defense of this country. 9 OF THE EDUCATION ACT f they wrote: China has undergone significant liberaliza- AMENDMENTS The SPEAKER pro tempore. Under a tion and reform that have resulted in greater The SPEAKER pro tempore. Under a previous order of the House, the gen- freedom for the Chinese people, and we be- previous order of the House, the gentle- tleman from New York [Mr. RANGEL] is lieve that China is well on the road to major woman from Hawaii [Mrs. MINK] is rec- recognized for 5 minutes. development, modernization and fuller par- ognized for 5 minutes. [Mr. RANGEL addressed the House. ticipation in the processes of the democratic Mrs. MINK of Hawaii. Mr. Speaker, and law-abiding nations of the world. We His remarks will appear hereafter in know it is not there yet. The U.S. debate today marks the 25th anniversary of the Extensions of Remarks.] should focus on what policies we should fol- Title 9 of the Education Act Amend- f low to enhance, and not hinder, these favor- ments of 1972 which prohibits sex dis- able trends, and on what policies are most ef- crimination in educational institutions SUPPORT MFN FOR CHINA fective in dealing with problem areas. receiving Federal funds. To commemo- The SPEAKER pro tempore. Under a Now, Mr. Speaker, that is why today rate the 25th anniversary of Title 9 the previous order of the House, the gen- the gentleman from Pennsylvania [Mr. gentleman from Michigan [Mr. tleman from California [Mr. DREIER] is FOX], my colleague, has joined along BONIOR], the gentlewoman from New recognized for 5 minutes. with the gentleman from Illinois [Mr. Jersey [Mrs. ROUKEMA] and I along Mr. DREIER. Mr. Speaker, in about PORTER], chairman of the Human with 61 other cosponsors have intro- 15 hours we will be casting one of the Rights Caucus, the gentleman from duced a concurrent resolution which most important national security, California [Mr. MATSUI] from the other celebrates the accomplishments of trade, foreign policy votes of this year, side of the aisle, the gentleman from Title 9 supporting efforts to continue and I am referring of course to the vote Arizona [Mr. SALMON], someone who pursuing the goals of educational op- which will call for ending normal trade came up with many of the great ideas, portunity for women and girls. I will H4218 CONGRESSIONAL RECORD — HOUSE June 23, 1997 ask that the resolution be printed at The House Education and Labor We have heard so much in recent years the end of my special order this Committee had a large body of evi- about the accomplishments of title IX, particu- evening. dence of discrimination against girls larly in the area of athletics, but so many don't Since its enactment Title 9 has and women in our educational system. really know the history of this legislation and opened the doors of educational oppor- Since the time I came to Congress in the battles that were fought to keep this law tunity to literally millions of girls and 1965 we began systematic hearings on intact. On the occasion of the 25th anniversary women across the Nation. Title 9 textbooks to illustrate the discrimina- of title IX I thought it would be appropriate to helped tear down inequitable admission tion against girls, women, and also the share the history of this landmark law, and re- policies, increase opportunities for ethnic minorities. count its origins, its battles and its achieve- women in nontraditional fields of study We scrutinized the textbooks. We ments. such as math and science, law and med- looked at the films and the books and The origins of title IX began in a series of icine, improve vocational educational other kinds of brochures that were hearings on sex discrimination in the House opportunities for women, reduce dis- being produced by yes, our U.S. Depart- Education and Labor Committee in 1970, led crimination against pregnant students ment of Education, Office of Edu- by Congresswoman Edith Green, who was and teen mothers, protect female stu- cation. We scrutinized the admission chair of the Special Subcommittee on Edu- dents from sexual harassment in our policies and vocational education cation at that time. schools and increase athletic opportu- courses which taught girls home eco- In June 1970 the subcommittee held a hear- nities for girls and women. nomics, and essentially there were ing on legislation introduced by Congress- b 2345 cooking courses to prepare girls for woman Green, H.R. 16098, to amend title VI homemakers, while the boys learned of the Civil Rights Act of 1964 to include a As a member of the Education and skills in order to enter into careers and Labor Committee in 1972, I helped to prohibition against sex discrimination in any to sustain their future ambitions. We program or activity receiving Federal financial craft Title IX and worked diligently had to fight in all areas to open up op- throughout the years to promote this assistance. portunities for women. We had to fight We have to put this initiative in the context law and fight against efforts to weaken for equal participation in the poverty its impact. I certainly consider Title of the times. This was right around the time of program, in the Job Corps Center. the big push for the equal rights amendments. IX one of my most significant accom- So the proposal of the Assistant At- plishments while I served in Congress The women's movement was activated and torney General to focus legislation to pursuing avenues to gain equal rights protec- from 1965 until 1977. prohibit discrimination in education We have heard so much in recent tion in the law. Representative Green's bill was a logical step for the committee to would have provided such protection through years about the accomplishments of take. We had considerable debates. The Title IX, particularly in the area of the Civil Rights Act which had been passed Committee on Education finally re- six years prior to this time, but only covered athletics, and many do not realize the ported the legislation in 1971, which history of this legislation and the bat- race, color, and national origin. then led to negotiations with the Sen- On July 3, 1970, Assistant Attorney General tles that were fought to keep this law ate and the conference committee that intact. On the occasion of the 25th an- for Civil Rights Jerris Leonard testified before finally yielded Title IX, which is in its Green's subcommittee stating that ``while we niversary of Title IX, I thought it historic celebration today for its 25th would be appropriate to share this his- are not able to support this language * * * we anniversary. suggest an alternative.'' He suggested that the tory and to recount its origins, its bat- f tles and its achievements. committee should not amendment title VI of The origins of Title IX began with a CELEBRATING THE 25TH ANNIVERSARY the Civil Rights Act, but enact separate legis- series of hearings on the House Edu- OF TITLE IX lation to prohibit sex discrimination in edu- cation and Labor Committee beginning Mr. Speaker, today marks the 25th anniver- cation only. This is the genesis of title IX. The House Education and Labor Committee in the late 1960s and in 1970. In particu- sary of title IX of the Education Act Amend- had a large body of evidence of discrimination lar, there was a hearing conducted by ments of 1972, which prohibits sex discrimina- Congresswoman Edith Green who was tion in educational institutions receiving Fed- against girls and women in our education sys- the chair then of the Special Sub- eral funds. tem. Since I came to the Congress and the committee on Education which dealt To commemorate the 25th anniversary of committee in 1965 the committee had been in- with higher education matters. title IX, Congressman DAVID BONIOR, Con- volved in hearings related to equal educational In June of 1970 the subcommittee gresswoman MARGE ROUKEMA, and I, along opportunities for girls and women. We scruti- held a hearing on legislation intro- with 61 other cosponsors are introducing a nized textbooks which only portrayed success- duced by the chair Edith Green, H.R. concurrent resolution which celebrates the ac- ful men, admissions policies which excluded 16098 to amend Title VI of the Civil complishments of title IX and support efforts to women from graduate and professional Rights Act of 1964, which included a continue pursuing the goal of educational op- schools, and vocational education courses. prohibition against sex discrimination portunity for women and girls. Consideration of amendments to the Higher in any program or activity receiving I ask unanimous consent that resolution be Education Act in 1971 provided us with an op- Federal financial assistance. printed in the RECORD. portunity to pursue language on sex discrimi- We have to put this initiative in the Since its enactment, title IX has opened the nation in schools. Edith Green and I worked context of the times. It was right doors of educational opportunity to literally mil- on language to include in the House bill (H.R. around that time that there was this lions of girls and women across the Nation. 7248) which would prohibit discrimination on big push for ERA, the Equals Rights Title IX helped tear down inequitable admis- the basis of sex in any educational program Amendment. The women’s movement sions policies, increase opportunities for receiving Federal funds. was very active, pursuing all avenues women in nontraditional fields of study such This provision which was initially title X of to gain equal rights and protections in as math and science, improve vocational edu- H.R. 7248 included the sex discrimination pro- the law. Representative Green’s bill cation opportunities for women, reduce dis- hibition, authorized the Civil Rights Commis- would have provided that protection crimination against pregnant students and sion to investigate sex discrimination, removed under the Civil Rights Act. teen mothers, protect female students from the exemption of teachers from the equal em- At the hearing on July 3, 1970, Assist- sexual harassment in our schools, and in- ployment coverage of the 1964 Civil Rights ant Attorney General for Civil Rights, crease athletic opportunities for girls and Act and eliminated the exemption of execu- Jerris Leonard, testified before the women. tives, administrators and professions from the subcommittee stating that quote, As a member of the Education and Labor Equal Pay Act. ‘‘while we are not able to support this Committee in 1972, I helped to craft title IX The bill was reported out of the House Edu- language, we suggest an alternative.’’ and worked diligently throughout the years to cation and Labor Committee on September He suggested that the committee promote this law and fight against efforts to 30. The committee report filed on October 8 should not amend Title VI of the Civil weaken its impact. I consider title IX one of and the bill was considered by the full House Rights Act, but enact separate legisla- my most significant accomplishments while in beginning on October 27, 1971. tion to prohibit sex discrimination in the Congress and take special pride and During consideration by the full House Rep. education only. This is the genesis of pleasure tonight in recognizing the accom- John Erlenborn offered an amendment to ex- Title IX. plishment of title IX. empt undergraduate admissions policies of June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4219 colleges and universities from the prohibition troversial at first. The most controversial items cess to professional schools and nontradi- on sex discrimination in title X. The amend- during the original title IX debate centered tional fields of study such as math and ment won by a 5-vote margin of 194 to 189. around admissions policies. science, and improved employment opportu- nities; A provision (section 1007) which authorized It wasn't until a few years later that college Whereas title IX has increased opportuni- the Civil Rights Commission to investigate the athletics began to experience the impact of ties for women and girls in sports, leading to problem of sex discrimination was eliminated title IX that we had our first big challenge to greater access to competitive sports, and during the floor debate on a point of order by the law. When the coaches, and male athletes building strong values such as teamwork, House Judiciary Committee Chairman realized that they would have to share their fa- leadership, discipline, work ethic, self-sac- Emanual Celler, who objected to the provision cilities and budgets with the women, they be- rifice, pride in accomplishment, and strength of character; because it came under the jurisdiction of his came outraged. Whereas 25 years of progress under title IX committee. In 1975, opponents of title IX's impact on is widely acknowledged, but there is still The Senate was also working on amend- athletics proposed an amendment to the edu- much work to be done if the promise of title ments to the Higher Education Act in 1971. cation appropriations bill to prohibit the De- IX is to be fulfilled: Now, therefore, be it The Senate Committee on Labor and Public partment of Health, Education and Welfare Resolved by the House of Representatives (the Welfare reported out its bill (S. 659) without from promulgating the title IX regulations as it Senate concurring), That the Congress cele- brates— any provisions prohibiting sex discrimination. applies to athletics in colleges and univer- (1) the accomplishments of title IX of the However, during the Senate floor debate on sities. Education Act Amendments of 1972 in in- August 6, 1971, Senator Birch Bayh offered They paraded a number of college and pro- creasing opportunities for women and girls an amendment along with Senators KENNEDY fessional athletes through the Committee room in all facets of education; and and Hart to ban sex discrimination in any pub- to testify that title IX hurt men's athletics. At (2) the magnificent accomplishments of lic higher education institutions or graduate the time women athletes were so few and un- women and girls in sports. program receiving federal funds. Senator known, that the only well-known athlete we Mr. TOWNS. Mr. Speaker, I rise today to McGovern also submitted an amendment pro- had to testify was Billy Jean King. The fact join my colleagues in celebrating the 25th an- hibiting sex discrimination in education, but did that there were virtually no prominent women niversary of title IX of the Education Act not offer his amendment and supported the athletes in our country was a testament in it- Amendments of 1972. Bayh amendment. self of the necessity of title IX. With the passage of this landmark civil A point of order was raised against the The amendment was included in the House rights law, millions of women and girls in our Bayh amendment by Senator STROM THUR- appropriations bill (H.R. 5901), but stricken in Nation have enjoyed increased social and MOND, on the grounds that the Bayh amend- conference. On July 12, 1975, I managed the economic opportunities. There is no doubt that ment was not germane. The point of order House debate against a motion by Rep. Title IX has made it possible for them to be- was sustained by the Chair, who ruled that the Casey to insist on the House position. In the come important players in the world of sports amendment was not germane because ``The midst of the vigorous debate on the issue, I and in other arenas. Today, 2.4 million Amer- pending amendment deals with discrimination was sent word from the cloakroom that my ican girls participate in high school sports, a on the basis of sex. There are no provisions daughter was in a life threatening car accident tenfold increase from two decades ago. It is in the bill dealing with sex.'' A 50-to-32 rollcall while in college in New York. I left the floor im- much better today, and it will be much better vote sustained the ruling of the Chair that his mediately to go to my daughter. The Casey 25 years from now. However, we must not forget that the strug- amendment was not germane. motion carried on a vote of 212 to 211. The gle continues. Sexual harassment and dis- The Senate reconsidered its Higher Edu- newspapers reported that I had left the floor crimination against women in our schools has cation legislation in early 1972, because the ``crying'' in the face of defeat. But in reality I House had included provisions prohibiting the not been obliterated. Yes, we still have much was facing a tremendous family crisis. to accomplishÐas a recent NCAA report use of Federal education funds for busing The next day Speaker Carl Albert took the made abundantly clearÐand we must aggres- which the Senate objected. Again, the bill floor and explained the circumstances of my sively continue to pursue equality. Give coming out of committee did not include provi- departure from the floor. Congressman Flood women fair playing time and opportunity and sions banning sex discrimination in schools. offered a motion to reject the Casey position the trends indicate they will show the same However, during the Senate floor debate which carried by a vote of 215 to 178, pre- which began on February 22, 1972, Senator levels of desire and ability in athletics as men. serving the regulations and title IX's applica- Mr. Speaker, as Members of Congress, we Birch Bayh offered an amendment to prohibit tion to athletes. must continue to support title IX. Our future sex discrimination in educational institutions Mr. Speaker, as I have recounted this expe- generations are counting on us to uphold the receiving federal funds. The Bayh amendment rience, you can see that the pursuit of title IX mantle of equal rights for all Americans. exempted the admissions policies of private and its enforcement has been a personal cru- f institutions, and a Bentsen amendment to the sade for me. Equal educational opportunities The SPEAKER pro tempore. Under a Bayh amendment provided an exemption for for women and girls is essential for us to previous order of the House, the gen- public single sex undergraduate institutions. achieve parity in all aspects of our society. For Both amendments passed by voice vote. tleman from New Jersey [Mr. PALLONE] the last 25 years title IX has been the great is recognized for 5 minutes. The House Senate Conference was held in defender of equity, let us celebrate its accom- the spring of 1972. The conferees retained plishments and continue to work toward its [Mr. PALLONE addressed the House. His remarks will appear hereafter in provisions prohibiting sex discrimination, rec- goal of equal educational opportunity for all the Extensions of Remarks.] onciling the differences between the House women and girls. f and Senate version. The final version of the H. CON. RES.— Education Act Amendments of 1972 included Whereas 25 years ago, on June 23, 1972, title LEAVE OF ABSENCE title IX which prohibits sex discrimination in all IX of the Education Act Amendments of 1972 By unanimous consent, leave of ab- Federal education institutions receiving Fed- was signed into law by the President of the sence was granted to: eral funds, except for undergraduate admis- United States; Mr. YATES (at the request of Mr. GEP- sions policies of private higher education insti- Whereas title IX prohibits discrimination on the basis of sex in the administration of HARDT) for today, on account of per- tutions and public institutions of a traditional sonal reasons. single-sex policy. The conference report was any education program in any educational institution receiving Federal aid; Mr. MCINTOSH (at the request of Mr. filed in the Senate on May 22 and in the Whereas remarkable gains have been made ARMEY) for today, on account of offi- House on May 23. The Congress approved to ensure equal opportunity for girls and cial business. the bill on June 8 and President Nixon signed women under the inspiration and mandate of Mr. COX of California (at the request the bill on June 23, 1972Ð25 years ago title IX; of Mr. ARMEY) for today, on account of today. Whereas title IX serves as the non- medical reasons. discrimination principle in education; Most people recognize the accomplishments f of title IX in the area of athletics. Certainly, Whereas title IX has moved this Nation one of the most spectacular achievements of closer to the fulfillment of access and oppor- SPECIAL ORDERS GRANTED tunities for women and girls in all aspects of title IX has been the increased athletic oppor- life; By unanimous consent, permission to tunity for girls and women at every level of the Whereas title IX has increased educational address the House, following the legis- educational experience. However, the impact opportunities for women and girls, resulting lative program and any special orders of title IX in the sports arena was not con- in improved graduation rates, increased ac- heretofore entered, was granted to: H4220 CONGRESSIONAL RECORD — HOUSE June 23, 1997 (The following Members (at the re- the Speaker’s table and referred as fol- 3915. A letter from the Acting Director, Of- quest of Mr. KLINK) to revise and ex- lows: fice of Sustainable Fisheries, National Oce- anic and Atmospheric Administration, trans- tend their remarks and include extra- 3906. A letter from the Secretary of De- mitting the Administration’s final rule— fense, transmitting notification that the De- neous material:) Fisheries of the Northeastern United States; Mr. BONIOR, for 5 minutes, today. partment proposes to obligate FY 1997 funds Scup Fishery; Commercial Quota Harvested Mr. KLINK, for 5 minutes, today. to implement the Cooperative Threat Reduc- for North Carolina [Docket No. 960805216– tion (CTR) Program under the FY 1997 De- Mr. PASCRELL, for 5 minutes, today. 7111–06; I.D. 061797B] received June 23, 1997, fense Appropriations Act, Public Law 104– Mr. RANGEL, for 5 minutes, today. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 208, pursuant to 22 U.S.C. 5955; to the Com- Mrs. Mink of Hawaii, for 5 minutes, mittee on Resources. mittee on National Security. 3916. A letter from the Assistant Adminis- today. 3907. A letter from the Director, Office of trator for Fisheries, National Oceanic and (The following Members (at the re- Regulatory Management and Information, Atmospheric Administration, transmitting quest of Mr. DREIER) to revise and ex- Environmental Protection Agency, transmit- the Administration’s final rule—Fisheries tend their remarks and include extra- ting the Agency’s final rule—Approval and Off West Coast States and in the Western Pa- neous material:) Promulgation of Air Quality Implementa- cific; Western Pacific Crustacean Fisheries; tion Plans; Maryland 1990 Base Year Emis- Mr. PAUL, for 5 minutes each day, on 1997 Harvest Guideline [Docket No. 970612136– sion Inventory; Correction [MD033–7157; June 24 and 25. 7136–01; I.D. 060297B] (RIN: 0648–AJ61) re- FRL–5844–3] received June 23, 1997, pursuant ceived June 23, 1997, pursuant to 5 U.S.C. Mr. UPTON, for 5 minutes, today. to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Resources. Mr. SMITH of Michigan, for 5 minutes, Commerce. 3917. A letter from the General Counsel, on June 24. 3908. A letter from the Director, Office of Department of Transportation, transmitting Mr. FOX of Pennsylvania, for 5 min- Regulatory Management and Information, the Department’s final rule—Modification of utes, today. Environmental Protection Agency, transmit- Class E Airspace; Spearfish, SD, Black Hills—Clyde Ice Field; Correction (Federal Mr. DREIER, for 5 minutes, today. ting the Agency’s final rule—Approval and Promulgation of State Implementation Plan; Aviation Administration) [Airspace Docket f Indiana [IN79–1A; FRL–5848–4] received June No. 97–AGL–6] (RIN: 2120–AA66) received 23, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to June 23, 1997, pursuant to 5 U.S.C. EXTENSION OF REMARKS the Committee on Commerce. 801(a)(1)(A); to the Committee on Transpor- By unanimous consent, permission to 3909. A letter from the Director, Office of tation and Infrastructure. 3918. A letter from the General Counsel, revise and extend remarks was granted Regulatory Management and Information, Environmental Protection Agency, transmit- Department of Transportation, transmitting to: the Department’s final rule—Amendment of (The following Members (at the re- ting the Agency’s Final Rule—Correction of Implementation Plans; American Samoa, Ar- Class E Airspace; Santa Ynez, CA (Federal Aviation Administration) [Airspace Docket quest of Mr. DREIER) and to include ex- izona, California, Hawaii, and Nevada State No. 97–AWP–19] (RIN: 2120–AA66) received traneous matter:) Implementation Plans [AS-AZ-CA-HW-NV– June 23, 1997, pursuant to 5 U.S.C. Mrs. KELLY. 000–0002; FRL–5847–8] received June 23, 1997, 801(a)(1)(A); to the Committee on Transpor- Mr. RADANOVICH. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tation and Infrastructure. Mr. EWING. mittee on Commerce. 3919. A letter from the General Counsel, Mr. PITTS. 3910. A letter from the Director, Regula- Department of Transportation, transmitting Mr. WICKER. tions Policy Management Staff, Office of the Department’s final rule—Airworthiness Policy, Food and Drug Administration, Mr. PACKARD. Directives; Saab Model SAAB 340B and transmitting the Administration’s final Mr. KNOLLENBERG. SAAB 2000 Series Airplanes (Federal Avia- rule—Thermally Processed Low-Acid Foods tion Administration) [Docket No. 97–NM–76– Mrs. LINDA SMITH of Washington. Packaged in Hermetically Sealed Contain- AD; Amendment 39–10052; AD 97–13–06] (RIN: Mr. BOB SCHAFFER of Colorado. ers; Technical Amendment [Docket No. 75N– 2120–AA64) received June 23, 1997, pursuant to Mr. GINGRICH. 0333] received June 23, 1997, pursuant to 5 5 U.S.C. 801(a)(1)(A); to the Committee on (The following Members (at the re- U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. quest of Mr. KLINK) and to include ex- Commerce. 3920. A letter from the General Counsel, traneous matter:) 3911. A communication from the President Department of Transportation, transmitting of the United States, transmitting his sup- the Department’s final rule—Airworthiness Ms. DANNER. plemental report on the deployment of com- Directives; Gulfstream American (Frakes Mr. POSHARD. bat-equipped U.S. Armed Forces to Bosnia Aviation) Model G–73 (Mallard) Series Air- Mr. TORRES. and other states in the region in order to planes Modified in Accordance with Supple- Mr. DAVIS of Florida. participate in and support the North Atlan- mental Type Certificate (STC) SA2323WE Mr. CAPPS. tic Treaty Organization-led Stabilization (Federal Aviation Administration) [Docket Mr. BARRETT of Wisconsin. Force (SFOR), and on the beginning of the No. 96–NM–282–AD; Amendment 39–10049; AD Mr. RAHALL. withdrawal of the NATO-led Implementation 97–13–03] (RIN: 2120–AA64) received June 23, Force (IFOR), which completed its mission 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. KLINK. Committee on Transportation and Infra- (The following Members (at the re- and transferred authority to the SFOR on December 20, 1996; (H. Doc. No. 105–100); to structure. quest of Mr. FOX) and to include extra- the Committee on International Relations 3921. A letter from the General Counsel, neous matter:) and ordered to be printed. Department of Transportation, transmitting Mr. POMEROY. 3912. A letter from the General Counsel, the Department’s final rule—Airworthiness Mrs. KELLY. Federal Retirement Thrift Investment Directives; Saab Model SAAB 340B and Model SAAB 2000 Series Airplanes [Docket Mr. BALLENGER. Board, transmitting the Board’s final rule— Periodic Participant Statements [5 CFR Part No. 96–NM–177–AD; Amendment 39–10048; AD Mr. PACKARD. 97–13–01] (RIN: 2120–AA64) received June 23, 1640] received June 23, 1997, pursuant to 5 Mr. MEEHAN. 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the U.S.C. 801(a)(1)(A); to the Committee on Gov- Committee on Transportation and Infra- f ernment Reform and Oversight. structure. 3913. A letter from the General Counsel, ADJOURNMENT 3922. A letter from the General Counsel, Federal Retirement Thrift Investment Department of Transportation, transmitting Mr. FOX of Pennsylvania. Mr. Speak- Board, transmitting the Board’s final rule— the Department’s final rule—Standard In- er, I move that the House do now ad- Thrift Savings Plan Vesting [5 CFR Part strument Approach Procedures; Miscellane- journ. 1603] received June 23, 1997, pursuant to 5 ous Amendments (Federal Aviation Adminis- The motion was agreed to; accord- U.S.C. 801(a)(1)(A); to the Committee on Gov- tration) [Docket No. 28922; Amdt. No. 1801] ernment Reform and Oversight. ingly (at 11 o’clock and 50 minutes (RIN: 2120–AA65) received June 23, 1997, pur- 3914. A letter from the Chairman, Presi- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- p.m.), under its previous order, the dent and Chief Executive Officer, National tee on Transportation and Infrastructure. House adjourned until tomorrow, Tues- Railroad Passenger Corporation (Amtrak), 3923. A letter from the General Counsel, day, June 24, 1997, at 9 a.m. transmitting the semiannual report on the Department of Transportation, transmitting f activities of the Office of Inspector General the Department’s final rule—Standard In- for the period October 1, 1996, through March strument Approach Procedures; Miscellane- EXECUTIVE COMMUNICATIONS, 31, 1997; and the semiannual management re- ous Amendments (Federal Aviation Adminis- ETC. port for the same period, pursuant to 5 tration) [Docket No. 28923; Amdt. No. 1802] U.S.C. app. (Insp. Gen. Act) section 5(b); to (RIN: 2120–AA65) received June 23, 1997, pur- Under clause 2 of rule XXIV, execu- the Committee on Government Reform and suant to 5 U.S.C. 801(a)(1)(A); to the Commit- tive communications were taken from Oversight. tee on Transportation and Infrastructure. June 23, 1997 CONGRESSIONAL RECORD — HOUSE H4221 3924. A letter from the General Counsel, ment for need-based educational aid under ment Retirement Income Security Act of Department of Transportation, transmitting the antitrust laws (Rept. 105–144). Referred to 1974 to provide for joint trusteeship of single- the Department’s final rule—Airworthiness the Committee of the Whole House on the employer pension plans; to the Committee Directives; General Electric Company GE90 State of the Union. on Education and the Workforce. Series Turbofan Engines (Federal Aviation Mr. HYDE: Committee on the Judiciary. By Mr. WEYGAND: Administration) [Docket No. 97–ANE–22–AD; H.R. 1901. A bill to clarify that the protec- H.R. 2013. A bill to designate the facility of Amendment 39–10046; AD 97–12–04] (RIN: 2120– tions of the Federal Tort Claims Act apply the U.S. Postal Service located at 551 AA64) received June 23, 1997, pursuant to 5 to the members and personnel of the Na- Kingstown Road in South Kingstown, RI, as U.S.C. 801(a)(1)(A); to the Committee on tional Gambling Impact Study Commission the ‘‘David B. Champagne Post Office Build- Transportation and Infrastructure. (Rept. 105–145). Referred to the Committee of ing’’; to the Committee on Government Re- 3925. A letter from the General Counsel, the Whole House on the State of the Union. form and Oversight. Department of Transportation, transmitting Mr. HYDE: Committee on the Judiciary. By Mrs. MINK of Hawaii (for herself, the Department’s final rule—Airworthiness H.R. 1902. A bill to immunize donations made Mr. BONIOR, Mrs. ROUKEMA, Mr. Directives; General Electric Company GE90 in the form of charitable gift annuities and ABERCROMBIE, Mr. BLAGOJEVICH, Ms. Series Turbofan Engines (Federal Aviation charitable remainder trusts from the anti- CARSON, Ms. CHRISTIAN-GREEN, Mrs. Administration) [Docket No. 97–ANE–23–AD; trust laws and State laws similar to the CLAYTON, Mr. CONYERS, Mr. DAVIS of Amendment 39–10047, AD 97–12–05] (RIN: 2120– antitrust laws (Rept. 105–146). Referred to the Illinois, Ms. DEGETTE, Mr. DELAHUNT, AA64) received June 23, 1997, pursuant to 5 Committee of the Whole House on the State Mr. DELLUMS, Mr. DIXON, Mr. DOOLEY U.S.C. 801(a)(1)(A); to the Committee on of the Union. of California, Mr. ENGEL, Mr. EVANS, Transportation and Infrastructure. Mr. SHUSTER: Committee on Transpor- Mr. FALEOMAVAEGA, Mr. FARR of 3926. A letter from the General Counsel, tation and Infrastructure. H.R. 849. A bill to California, Mr. FILNER, Mr. FOGLI- Department of Transportation, transmitting prohibit an alien who is not lawfully present ETTA, Mr. FRANK of Massachusetts, the Department’s final rule—Amendment to in the United States from receiving assist- Mr. GEPHARDT, Mr. GREEN, Mr. Class E5 Airspace; Utica, NY and Establish- ance under the Uniform Relocation Assist- GUTIERREZ, Mr. HASTINGS of Florida, ment of Class E5 Airspace; Rome, NY (Fed- ance and Real Property Acquisition Policies Mr. HINCHEY, Mr. JACKSON, Mr. JEF- eral Aviation Administration) [Airspace Act of 1970; with an amendment (Rept. 105– FERSON, Mrs. KENNELLY of Connecti- Docket No. 95–AEA–16] (RIN: 2120–AA66) re- 147). Ordered to be printed. cut, Ms. KILPATRICK, Mr. LANTOS, Mr. ceived June 23, 1997, pursuant to 5 U.S.C. Mr. KASICH: Committee on the Budget. LEWIS of Georgia, Mrs. LOWEY, Mrs. 801(a)(1)(A); to the Committee on Transpor- H.R. 2014. A bill to provide for reconciliation MALONEY of New York, Mr. MAR- tation and Infrastructure. pursuant to subsections (b)(2) and (d) of sec- TINEZ, Mr. MATSUI, Ms. MCCARTHY of 3927. A letter from the General Counsel, tion 105 of the concurrent resolution on the Missouri, Ms. MCKINNEY, Mrs. MEEK Department of Transportation, transmitting budget for fiscal year 1998 (Rept. 105–148). Re- of Florida, Ms. MILLENDER-MCDON- the Department’s final rule—Modification of ferred to the Committee of the Whole House ALD, Mr. MILLER of California, Mrs. Class E Airspace; Manitowish, WI, on the State of the Union. MORELLA, Mr. NADLER, Ms. NORTON, Manitowish Waters Airport (Federal Avia- Mr. KASICH: Committee on the Budget. Mr. OBERSTAR, Mr. OLVER, Mr. tion Administration) [Airspace Docket No. H.R. 2015. A bill to provide for reconciliation PALLONE, Mr. PASTOR, Mr. PAYNE, 97–AGL–7] (RIN: 2120–AA66) received June 23, pursuant to subsections (b)(1) and (c) of sec- Ms. PELOSI, Mr. REYES, Mr. ROMERO- 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the tion 105 of the concurrent resolution on the BARCELO´ , Mr. RUSH, Ms. SANCHEZ, Committee on Transportation and Infra- budget for fiscal year 1998 (Rept. 105–149). Re- Mrs. THURMAN, Mr. TOWNS, Ms. structure. ferred to the Committee of the Whole House VELA´ ZQUEZ, Ms. WATERS, Ms. WOOL- 3928. A letter from the Chief, Regulations on the State of the Union. SEY, Mr. WYNN, Mr. YATES, Mr. KIL- Unit, Internal Revenue Service, transmitting f DEE, Mr. TORRES, and Mr. RANGEL): the Service’s final rule—Determination of H. Con. Res. 103. Concurrent resolution Issue Price in the Case of Certain Debt In- PUBLIC BILLS AND RESOLUTIONS celebrating the accomplishments of title IX struments Issued for Property [Rev. Rul. 97– of the Education Act Amendments of 1972, 27] received June 20, 1997, pursuant to 5 Under clause 5 of rule X and clause 4 and recognizing the need to continue pursu- U.S.C. 801(a)(1)(A); to the Committee on of rule XXII, public bills and resolu- ing the goal of educational opportunities for Ways and Means. tions were introduced and severally re- women and girls; to the Committee on Edu- 3929. A letter from the Chief, Regulations ferred as follows: cation and the Workforce. Unit, Internal Revenue Service, transmitting By Mr. CAPPS (for himself and Mr. By Mr. TRAFICANT: the Service’s final rule—Weighted Average H. Con. Res. 104. Concurrent resolution ex- Interest Rate Update [Notice 97–35] received GILMAN): H.R. 2009. A bill to amend the Social Secu- pressing the sense of the Congress relating to June 23, 1997, pursuant to 5 U.S.C. the elections in Albania scheduled for June 801(a)(1)(A); to the Committee on Ways and rity Act to waive the 24 month waiting pe- riod for Medicare coverage of individuals dis- 29, 1997, and the admission of a free and Means. democratic Albania to the North Atlantic 3930. A letter from the Chief, Regulations abled with amyotrophic lateral sclerosis [ALS], to provide Medicare coverage of drugs Treaty Organization [NATO]; to the Commit- Unit, Internal Revenue Service, transmitting tee on International Relations. the Service’s final rule—Special Rule for used for treatment of ALS, and to amend the U.S. Permanent Residents Receiving Com- Public Health Service Act to increase Fed- f pensation or Pensions from the Government eral funding for research on ALS; to the ADDITIONAL SPONSORS of France [Announcement 97–61] received Committee on Ways and Means, and in addi- June 23, 1997, pursuant to 5 U.S.C. tion to the Committee on Commerce, for a Under clause 4 of rule XXII, sponsors 801(a)(1)(A); to the Committee on Ways and period to be subsequently determined by the were added to public bills and resolu- Means. Speaker, in each case for consideration of tions as follows: such provisions as fall within the jurisdic- 3931. A letter from the Chief, Regulations H.R. 15: Mrs. TAUSCHER. tion of the committee concerned. Unit, Internal Revenue Service, transmitting H.R. 145: Mr. WISE, Mr. OBEY, Mr. By Mr. DICKEY: the Service’s final rule—Changes in account- LOBIONDO, and Mr. LUTHER. ing periods and in methods of accounting H.R. 2010. A bill to designate the bridge H.R. 195: Mr. CRAPO. [Rev. Proc. 97–30] received June 23, 1997, pur- over lock and dam numbered 4 on the Arkan- H.R. 197: Mr. SOUDER. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- sas River as the ‘‘Lawrence Blackwell Memo- H.R. 230: Mr. ETHERIDGE, Mr. THOMAS, Mr. tee on Ways and Means. rial Bridge’’; to the Committee on Transpor- CALVERT, Mr. GALLEGLY, and Mr. BONO. f tation and Infrastructure. H.R. 614: Mr. POSHARD. By Mr. HUTCHINSON: H.R. 679: Mr. EHRLICH. REPORTS OF COMMITTEES ON H.R. 2011. A bill to impose certain sanc- H.R. 695: Mr. BRADY, Mr. SMITH of New Jer- PUBLIC BILLS AND RESOLUTIONS tions on the People’s Republic of China, and sey, Mrs. CHENOWETH, Mr. COBURN, Mrs. Under clause 2 of rule XIII, reports of for other purposes; to the Committee on CUBIN, and Mr. JONES. International Relations, and in addition to committees were delivered to the Clerk H.R. 699: Mr. PICKERING. the Committees on Banking and Financial H.R. 789: Mr. PALLONE and Mr. WHITE. for printing and reference to the proper Services, Ways and Means, and the Judici- H.R. 804: Mrs. THURMAN. calendar, as follows: ary, for a period to be subsequently deter- H.R. 849: Mr. MANZULLO, Mr. FOLEY, Mr. Mr. COBLE: Committee on the Judiciary. mined by the Speaker, in each case for con- SOUDER, and Mr. SHERMAN. H.R. 1581. A bill to reauthorize the program sideration of such provisions as fall within H.R. 907: Mr. STUMP. established under chapter 44 of title 28, Unit- the jurisdiction of the committee concerned. H.R. 953: Ms. ESHOO, Mr. HORN, Mr. OLVER, ed States Code, relating to arbitration (Rept. By Mr. SANDERS: Mrs. TAUSCHER, and Mr. WYNN. 105–143). Referred to the Committee of the H.R. 2012. A bill to amend the National H.R. 978: Mrs. THURMAN and Mr. SESSIONS. Whole House on the State of the Union. Labor Relations Act, to establish the Na- H.R. 992: Mr. ARCHER, Mr. LEWIS of Ken- Mr. HYDE: Committee on the Judiciary. tional Public Employment Relations Com- tucky, Mr. BARTON of Texas, Mr. PAUL, and H.R. 1866. A bill to continue favorable treat- mission, and to amend title I of the Employ- Mr. BRADY. H4222 CONGRESSIONAL RECORD — HOUSE June 23, 1997

H.R. 1060: Mr. YOUNG of Alaska, Mr. DOYLE, H.R. 1632: Mr. FROST, Mr. THOMPSON, Mr. H.R. 1822: Mr. ETHERIDGE, Mr. JOHN, Ms. Mr. SESSIONS, Mr. RODRIGUEZ, Mr. BRADY, DAVIS of Illinois, Mr. FALEOMAVAEGA, Mr. WOOLSEY, Ms. VELA´ ZQUEZ, and Ms. PELOSI. Mr. EHRLICH, Mr. ROYCE, and Mrs. MALONEY MCGOVERN, Mr. DELLUMS, Mr. EVANS, Mr. H.R. 1839: Mr. DAN SCHAEFER of Colorado. of New York. ANDREWS, and Ms. LOFGREN. H.R. 1902: Mr. GALLEGLY, Mr. SESSIONS, and H.R. 1114: Mr. ALLEN and Mr. BROWN of H.R. 1689: Mr. NORWOOD. Mr. MORAN of Virginia. Ohio. H.R. 1715: Ms. STABENOW, Mr. BARTON of H.R. 1951: Mr. OLVER, Mr. COYNE, Mr. MIL- H.R. 1147: Mr. HAYWORTH. Texas, Mrs. MYRICK, Mr. RODRIGUEZ, and Mr. LER of California, Mr. VENTO, Mr. DELLUMS, H.R. 1165: Mr. MCGOVERN, Mr. DEFAZIO, MATSUI. and Ms. FURSE. and Ms. SLAUGHTER. H.R. 1970: Mr. JEFFERSON. H.R. 1719: Mr. HAYWORTH. H.R. 1371: Mr. STUMP. H.R. 1983: Mr. MILLER of California. H.R. 1413: Mr. LOBIONDO. H.R. 1763: Mr. FILNER. H.R. 1984: Mr. WISE, Ms. DANNER, and Mr. H.R. 1437: Mrs. KELLY. H.R. 1802: Mr. TOWNS, Mr. ROHRABACHER, MCINTOSH. H.R. 1450: Mr. ENGEL. and Mr. PETERSON of Minnesota. H.R. 1989: Mr. YOUNG of Florida, Mr. H.R. 1456: Mr. MCINTYRE. H.R. 1814: Mr. MINGE, Ms. WOOLSEY, Mr. WELDON of Florida, and Mrs. THURMAN. H.R. 1532: Mr. DAN SCHAEFER of Colorado. HINCHEY, Ms. MCKINNEY, Ms. VELA´ ZQUEZ, Mr. H.J. Res. 26: Mr. KIM. H.R. 1534: Mr. BONILLA, Mr. COMBEST, Mr. CONYERS, Mr. NADLER, Ms. RIVERS, Mr. H. Con. Res. 89: Mr. MANTON and Mr. HOLDEN, and Mr. RIGGS. VENTO, and Ms. SLAUGHTER. MCNULTY. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, MONDAY, JUNE 23, 1997 No. 89 Senate The Senate met at 10 a.m. and was SCHEDULE The PRESIDING OFFICER (Mr. called to order by the President pro Mr. ENZI. Mr. President, for the in- ENZI). Without objection, it is so or- tempore [Mr. THURMOND]. formation of all Senators, today the dered. Senate will be in a period of morning f PRAYER business until the hour of 12 noon. By MORNING BUSINESS The Chaplain, Dr. Lloyd John previous consent, at 12 noon, the Sen- The PRESIDING OFFICER. Under Ogilvie, offered the following prayer: ate will begin consideration of S. 947, the previous order, there will now be a Gracious Lord, we commit this day the budget reconciliation bill. Amend- period for the transaction of morning to making other people happy. So often ments will be offered to the reconcili- business, not to extend beyond the our prayers are for what we need You ation bill today. However, no rollcalls hour of 12 noon, with Senators per- to do to make us happy. Now in this will occur during today’s session of the mitted to speak therein for up to 5 quiet time, inspire us to think imagi- Senate. All votes ordered today with minutes each. The Senator from Wyo- natively about how we can bring happi- respect to amendments to the rec- ming is recognized to speak for 60 min- ness to those with whom we work and onciliation bill will be stacked to occur utes. those whose friendship we enjoy. on Tuesday, June 24, beginning at 9:30 a.m. Senators should, therefore, be pre- Mr. THOMAS. Thank you, Mr. Presi- Lord, our tendency is to think of dent. Don’t be alarmed, I expect to some big, grand thing we could do and pared for a series of stacked votes be- ginning at 9:30 a.m. tomorrow. have some of my associates here to then because of the immensity of it, we share in that time. never get it done. Help us forgo these Under the rules, the budget reconcili- f grandstanding feats of herosim and do ation bill is limited to 20 hours for de- something that simply makes life more bate, and it is the majority leader’s TAX RELIEF hope that the two leaders will be able of a joy to the people in our lives. We Mr. THOMAS. Mr. President, we do to reach an agreement to yield back want to make this a day free of want to talk this morning, however, some of that time. uncreative, unproductive criticism. Once the Senate completes the action about an item of great importance to Today, we will not be a nagging, fault- on the first reconciliation bill, we will all of us—the citizens and to all of us finding source of distress. Whatever we begin consideration of the second rec- as Members of the Senate—and that is do that causes anxiety, help us to onciliation bill, which is also limited taxation, the question that will be be- change. to 20 hours for debate. fore the Senate this week, as the Fi- We confess that often it is what we The leader has stated for the past nance Committee has completed their fail to do that causes unhappiness. We several weeks that Senators should be work on the reconciliation bill, and we know people need encouragement and prepared for a busy week of session. It will now be addressing that. affirmation. Today we give up the con- is the leader’s intention to remain in We will be talking about tax relief, trol we get by withholding the attitude session until both reconciliation bills which I suspect is perhaps one of the or the words of approval not just of are completed. The Senate will adjourn most important topics we will talk what people are tying to do, but what for the Fourth of July recess once we about this entire year, not only be- they are striving to become. May the finish our business this week. But the cause of the tax aspect of it because, as end of this day be a time for remem- majority leader warns his colleagues you go into the budget process, it bering the happy memories we gave that we will remain in session into the seems to me that budgets are much others. That’s what it’s all about, and evening throughout this week and into more than just numbers, they are that’s what we’re going to be about the weekend, if necessary, until the much more than various spending pro- today. In the name of Him who called reconciliation process is completed. posals, they sort of set the parameters us to serve others. Amen. I thank all Senators for their atten- of what we will be doing in Govern- tion. ment for at least the coming year; in f Mr. President, I suggest the absence this case, at least 5 years. of a quorum. These decisions will frame the size of the Government over time. If you pre- RECOGNITION OF THE ACTING The PRESIDENT pro tempore. The clerk will call the roll. fer smaller governments or larger gov- MAJORITY LEADER The legislative clerk proceeded to ernments—I happen to prefer smaller The PRESIDENT pro tempore. The call the roll. ones—the budget has to do with that. able acting majority leader, the Sen- Mr. THOMAS. Mr. President, I ask The budget has to do with the kinds of ator from Wyoming [Mr. ENZI] is recog- unanimous consent that the order for priorities that we will set among pro- nized. the quorum call be rescinded. grams, among the kinds of things that

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

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VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6050 CONGRESSIONAL RECORD — SENATE June 23, 1997 we do. Of course, if we are going to be two than I ever recall. Everything is those who need help, and we should do responsible, as we should be, over time sort of couched in terms that are de- that and we do that. But we ought not to pay for what we want—which we signed to package it and sell it. It is to tie everything together and not be haven’t done for 25 years—and seek to not really basic stuff. It is all fluff. We able to clearly look at what we are balance the budget, then revenues and shouldn’t do that. talking about. We are talking about expenditures and tax relief are all part For instance, we will hear the idea tax relief. We are talking about tax of this package, and probably, in the that every tax reduction is a tax break fairness. We are talking about oppor- broad sense, are the most important for the rich. Well, now, that isn’t the tunity. We are talking about encour- decisions that we will make with re- case. If it is, then there are an awful aging investment to create jobs. Those spect not only to taxpayers, but pro- lot of us who apparently are rich and are the things that we are talking gram recipients and everyone else over didn’t know it. People at $40,000 get about. this next 5 years. some kind of tax break, and it is Tax relief is designed to allow people (Mr. ROBERTS assumed the chair.) termed then as a tax break for the rich. who work hard, people who, because Mr. THOMAS. So, Mr. President, we That is not true. they work hard, are successful to keep will be talking about the taxes that are We need to talk a little bit about more of what they earn. We are talking generally going to be in the reconcili- really what the facts are. There is a no- about the incentive to work harder, the ation bill, such as some relief on the tion that will be talked about, that, incentive to invest, the incentive to in- cost of education, in terms of deduc- ‘‘Well, we don’t need any tax reduc- vest to strengthen the economy and to tions, in terms of credits for parents tions, we need to keep the revenue create new jobs. That is what we are who have youngsters in school. We will coming so we can continue to spend talking about. So we ought to strip the be talking also about the family credit, and spend more,’’ and that has been the other stuff away and really think the $500-per-child credit, so that fami- philosophy. It is not the principle phi- about it a bit. lies can retain and then use that losophy of this country. The country Tax relief is part of, it seems to me, money in their own way to raise their was to have a constitutional govern- a historical American philosophy of children. We will be talking, hopefully, ment that does those things that are limited government, of allowing people about capital gains tax relief, the idea provided in the Constitution, and those to keep what they earn after they have that investments would not be taxed at things that are not provided in the paid the necessary costs of the services as high a level as they have been, the Constitution should be done by the they want from government. That is a idea of encouraging investments so States or by the citizens. That is what philosophy that I think is strong. President Clinton in Denver this that we create jobs and so that we the Constitution says. weekend boosted, as he should, about strengthen the economy, and capital Rather than talk about the facts and this economy, about the growth of a gains has a good deal to do with that. philosophy of government, we will be market economy, the growth of a free- Hopefully, we will also be talking talking about political aspects of it. enterprise economy, and yet, often the about estate taxes, the kind of taxes We will be talking about spin. We will White House ignores the very thing that are levied on property and assets be talking about the message that has that allows this economy to be strong- that people have worked their entire come over the last months from the er than the economies you see around life to accumulate and then, in many White House with the message mer- the world, because it is an incentive- cases, have to spend more than 50 per- chants that are the result of the poll- driven-private-enterprise-market econ- cent of the value of those assets in ing experts. I hope we can cut through omy. That is part of what we are talk- taxes and are unable, often, to pass that and just talk like we do in Wyo- ing about when we talk about taxes, them on to their families. They are ming, frankly. I was there yesterday. when we talk about the level of taxes particularly important, I think, Mr. Those folks don’t spin it, they just say, and when we talk about tax relief. President, in areas such as your State ‘‘Hey, let’s just talk about what it real- It is tax relief from that 30 percent of of Kansas and my State of Wyoming, ly is,’’ and that is what we ought to do GDP that is collected in taxes. Keep where small business and agriculture is here. that in mind. Every family pays nearly very prominent. Often the assets of One of the things we ought to under- 40 percent of their income in taxes. families, small businessmen, ranchers, stand as we take a look at taxes and That is very hard. I am not opposed, farmers, are tied up in fixed assets, tax burden for working Americans is nor is anyone I know of opposed, to such as land and so on, and they have that it is higher than it has ever been. taxes. If we are going to have a govern- to sell their property in order to pay It, as a matter of fact, represents over ment which is legitimate, if we are the taxes. 30 percent of GDP—over 30 of gross do- going to do the things in government So these are the kinds of decisions mestic product in taxes. I don’t think that needs to be done, we have to pay with which we will be dealing. I look we imagined that that would be the for it. That is what taxes are for. We forward to it, frankly. It has been a case in this country with limited gov- raise revenues to pay for those legiti- very long time, it has been a very long ernment. It is three times as high as mate functions of government and, if time since we have had a fundamental the highest tax burden during Roo- we are responsible, we will do that. reduction in taxes. sevelt’s New Deal—three times as high. We have not been as responsible as The concept in this place, in this So we ought to be talking about some we should have been over the years. Senate, in this Government, until the kind of tax changes philosophically. When we wanted some programs, when last couple of years, is let’s have more We will talk about income tax relief. we wanted some services, when we taxes, let’s have more money, let’s That is what we are basically talking wanted something to be done for us, have more Government, and now we about, income tax relief. We are talk- rather than pay for it, we put it on the have an opportunity to seek to start to ing about people who pay it. You are old credit card, and the credit card is turn that around and, hopefully, over not going to get income tax relief un- now maxed out, of course. So you have time reduce the size of Government, less you pay taxes, and there is this to pay for it. There is nothing wrong move more and more functions to the idea that whenever we want to do any- with that. But there is a concept of State where they belong and can be thing to relieve the burden on those taxation that I hope we will consider, best implemented, and then give tax- people who pay taxes, that somehow it that I hope we will take a look at. Tax- payers a break. is a big tax break for the rich. Every- ation ought to generally be for the pur- We will be caught up, Mr. President, body, of course, wants to help folks pose of creating revenues to do the as we go into this over the next week who need help to help themselves. That things that we are supposed to do to be or more, in great details, as we should is not the issue here. We are not talk- responsible in government. Let’s pay be. But I hope we don’t forget the con- ing about how you do that. We are not for it. cept of what we are seeking to do. We talking about welfare; we are not talk- Unfortunately, over a period of time, will be caught up in details. We will be ing about those kinds of things. We are it seems to me—and we continue to do caught up in the great political spin talking about tax relief. that—tax policy is designed as much to that goes on, seemingly has gone on We ought to talk about that. It is influence behavior as it is to raise rev- with more fervor in the last year or very legitimate to talk about helping enues, so that each tax relief has a

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 23, 1997 CONGRESSIONAL RECORD — SENATE S6051 great deal of conditions attached. ‘‘If take a look at how you make govern- ‘‘There’s nothing really in there for me you will do this, then we will give you ment more efficient, that you require much.’’ Well, there are a few things. tax relief.’’ ‘‘If you behave in this way, more efficiency, makes us take a look But it is true, it is true, it will not we will give you some tax relief.’’ So at the idea of private contracting rath- suit everyone. But I say to my col- we have created then a complicated er than having an increased size of gov- leagues, let us move forward with this and inefficient and, frankly, unfair tax ernment because it is more efficient, great opportunity for the first time in system which brings about, of course, a because it costs less, but unless you several decades that really makes some great deal of debate about how we sim- have some reason to do that, the gov- meaningful kind of adjustments in tax plify the tax system. ernment continues to get larger. relief, to pursue the idea that Ameri- We are not going to talk about that So we need to balance the budget, cans should be able to keep their hard- much this week. That is OK. That is but keep in mind that you can balance earned money, to pursue the idea that OK. We are dealing with the short the budget by raising revenues, that we ought to reduce the size of govern- term. We are dealing with something that is not what we ought to do. We ment and therefore the demand on we have not talked about for years, and ought to balance the budget while con- taxes, to pursue the idea that being that is tax relief. We ought to do that. trolling and reducing the size of gov- able to keep more of the money that And I am pleased with what has been ernment. That is the challenge. And you work for and earn is part of the in- done in the budget. that is the challenge that we need to centive in this system. I am pleased with what has been done undertake. So, Mr. President, this will be a very in the Finance Committee to move in Unfortunately, we have not balanced important week, and the week after, that direction. That is not as far as we our budget. But we now are in a posi- when we really decide the direction ought to go. Our next step then ought tion to do that. We now have a budget that we will take on budgets and tax to be to take a broader look at how we in place that will do that over 5 years. relief and how it will be adjudicated. simplify taxes. I do not have a favorite We will also allow for some tax relief. Mr. President, I am pleased to be way of doing it. There are a number And that is what we will be talking joined by my friend and associate from out there that are possible, whether about this week. Nebraska. they be flat taxes, whether they be I think there is a considerable I yield the floor to the Senator from sales taxes, whatever. But we ought to amount of history that we ought to Nebraska. do that. We ought to see if we cannot take into account. As we do it, we The PRESIDING OFFICER. The Sen- move away from this idea that taxes ought to talk about how long it has ator from Nebraska is recognized. are designed to impact and direct be- been since we have talked about tax re- Mr. HAGEL. Mr. President, thank havior and get to something that is lief. It has been a number of years. We you. much more simple, much more collect- ought to keep in mind the fact is, over I wish to offer my thanks to my ible, much more less intrusive on peo- the last several years that the move- friend and colleague from across the ple’s lives. But, as I said, that is not ments in taxes have been simply to prairie from the great State of Wyo- the issue that will be before us this raise them. We ought to keep in mind ming. week. the fact that there are ways to reduce People in Wyoming and Nebraska and The issue is to seek to get some tax spending. all over America, I think, rather plain- relief for taxpayers in this country. We have accomplished a good deal in ly understand and sense what we are You say, well, that sounds pretty sim- the last little over 2 years. We have doing this week in this body in this ple. What is so complicated about that? moved to change welfare from an enti- Congress; and that is addressing their Just listen over this week and you will tlement. We moved to cause it to be issues. hear all kinds of things about tax moved back to the States where it can You know, Mr. President, I am breaks for the rich, about those people be more effectively handled. We have amused at much of the debate that has do not need it, we should not have tax done something about the entitlement been raging in the Congress the last breaks because we ought to have more of agriculture and farm programs. The few months on the budget and taxes. programs. And you will see all that, Presiding Officer was the Senator who And, you see, I define this down rather hear that coming from the White had the most leadership and impact on simply. Whose money is this? Whose House and hear that coming from all the changes in the farm bill. That is a money are we talking about? Is it the over. And so it is not easy. It is not fundamental change that we have made President’s money? Is it my money? Is simple. The idea of tax relief, which over a period of time. it the distinguished Presiding Officer’s sounds very simple, is not. We have talked in the last 2 years, money? Is it Congress’ money? No. No. Most everyone agrees there ought to and now, having moved toward essen- You see, this is about the people’s be some progressiveness in the tax sys- tially balancing the budget—we have money. This is about the hard-earned tem. And there is. Today’s Code is not done that for a very long time— money of taxpayers. The Government more progressive than it was in 1950. this Congress and last year’s Congress should be accountable to the people. The lower half of taxpayers pay less have caused that movement to where Our taxpayers, our citizens should not than 5 percent in total taxes. And 25 we are now talking about how we bal- be accountable to government. And we percent of the taxpayers pay 80 percent ance the budget and when we balance are living at a time when we are taxed of the taxes. Those that have over the budget. Prior to that time, there as highly as at any time, except in $42,000 in income are in that category. was no talk about balancing the budg- World War II, in the history of this So we do have a progressive tax sys- et. country. We are living during a time tem. And we should have. And we will So we have made a lot of progress. when we are taxed that highly. A me- continue to. But we ought not to con- We have made a great deal of progress dian family of four, total tax paid out, fuse tax relief with all of the other in the last 21⁄2 years. Does it go fast over 40 percent. These struggling kinds of issues that happen. enough to suit everyone? Of course not. young families are paying more in As I mentioned, the typical family of Will this tax bill suit everyone? Of taxes than they are in combined efforts four forfeits nearly 40 percent of their course not. to ensure that they have enough for income, more than they spend on food, There will be arguments about shelter or clothes or food and other ne- shelter and clothing combined. So it is whether there is enough in there for cessities. tough. It is tough to raise a family. It capital gains. There will be arguments At some point, Mr. President, we will is tough to send your kids to school. It if there is enough in estate taxes. not only bankrupt our country, but we is tough to save for retirement. Nearly There will be arguments as to why we will surely bankrupt the opportunities 3 hours out of every 8-hour workday do not do something else. I had a call for our young people. These young peo- are spent financing Government— from a lady yesterday in Cheyenne who ple starting out in life in our country, money that is spent on Washington’s is retired whose home is valued so it al- a country of promise, of hope, of oppor- priorities, not yours. ready comes under the estate taxes. tunity—always has been—are looking More taxes, more government—that She says, ‘‘I sent my kids to college at a very bleak future unless this Con- is one of the things that causes us to and I didn’t get a credit.’’ She says, gress steps up and honestly deals with

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6052 CONGRESSIONAL RECORD — SENATE June 23, 1997 the challenges that take us into this and the burden of government. We have consider myself rich because I support bold new great century. an opportunity here, as my distin- capital gains tax or inheritance tax re- And it does start with tax cuts. It guished colleague from Wyoming said lief? You see I don’t think I am very starts with real tax relief. And what we earlier, to change that. Imperfect? Yes. rich. I have an income of $50,000, will be debating this week is tax relief Do the taxes go deep enough, far $40,000, or $60,000, but I would like to for families, for lower middle-income enough? No. But it is a beginning. It is leave my children something. Why is it people, people who need tax relief, peo- a start. It is tangible. It is real. fair, Senator, for the Government to ple who pay the bills in this country. We can build on that. And we can take these big chunks out of an estate But let us not also be unmindful of show America that, in fact, we can gov- that the Government did not do any- what else is attached to what we will ern and lead and do the people’s busi- thing to produce? I paid my taxes, and be debating. ness, that we do not get all tangled up my father and mother paid their taxes Real budget cuts, putting this coun- in esoterics, in tactics and nonsense all along the way. Yet in the end, the try on the trajectory for fiscal respon- that goes on in this town. But, in fact, Government automatically comes in sibility, we have an opportunity here we can stay focused and clear-headed and gets half.’’ for the first time in 30 years to agree to and do the people’s business, and do Mr. President, being the former a balanced budget, a budget that would what we are required to do on behalf of chairman of the House Agriculture be in balance within 5 years, put this the people of this country. Committee, you understand what it country on a course to balance our Mr. President, I want to also address has done to agriculture in this country, budget as far out as the eye can see. We for a moment some of the weekend tel- what it has done to devastate farms also have an opportunity to cut gov- evision on this issue of tax cuts. I was being passed along from generation to ernment. a little amused that I saw our distin- generation, ranches, and small busi- Government is too big. Government guished Secretary of the Treasury, Bob nesses. It is unfair and wrong. is unresponsive. Government cannot Rubin, who is a great public servant, Anybody who has an asset is going to possibly do everything we have asked who is dedicated, who has done a good deal with a capital gains tax. You do government to do. We have overloaded job as Secretary of the Treasury, talk not have to be a millionaire. It is a our circuits, Mr. President. Not gov- about the White House modeling of our sense of fairness, a sense of getting ernment’s fault. But we have asked proposed tax cuts that show most of ahead in this country, a sense of doing government over the last 30 years to do the benefits going to the higher income the right thing. We have a Tax Code in everything. and the wealthy. That is just not true, this country that essentially penalizes And who has paid the bill? Who has absolutely not true. success. We give disincentive to sav- paid the bill? Well-intentioned pro- I note here, for example, a press re- ings and investment. grams, but this is an era of prioritizing lease sent out on Friday from one of Now, are we going to change the Tax our resources. And we start with giving the big six accounting firms, Deloitte Code this week? I doubt it. But this is our people, our taxpayers, the people & Touche. In the first paragraph it surely a darn good start. It is a very who have been doing the heavy lifting talks about: tangible, real beginning for the people and paying the bills in this country the Families with household incomes between of this country who deserve it most. I last 30 years, especially, a break, give $20,000 and $50,000 are the biggest bene- hope my colleagues during the debate them some of their money back. ficiaries on a percentage basis under the Sen- this week will rivet in on this debate My goodness, they understand how to ate tax plan, according to a new analysis by because it will be, as Senator THOMAS spend their money better than govern- Deloitte & Touche. said, one of the most important de- ment does. Let us decentralize power. The big winners are middle-class families bates not only of this Congress but, I Let us put power back where the people with kids. think, of the last 10 years and into the are. Let us make government account- And it goes on and on. next century because we have an op- able and make it responsible. So all of The scoring, the methodology, the portunity to truly shape and mold the this is a total package. models that the Members used are the future of this country, the future for Mr. President, I serve on the Foreign same models that the Congressional our young people. Relations Committee. Before I came to Budget Office uses, that we use, that We cannot leave them the mounds of this body, I was a businessman. I start- most everybody uses. I want to take debt that we are now leaving them, the ed my own companies, international/ issue with my friend, the Secretary of burden of regulation, the burden of big national companies. And the opportu- the Treasury, when he talks about Government, the burden of high taxes, nities that lay ahead for this country, some scoring model he referred to over and think they are going to succeed. for our people, and the world, if we are the weekend. That, in fact, is rather bi- They will not. We must get at it. This wise enough to understand and seize zarre. It imputes income from unreal- is a good start. I strongly support what the moment, the potential for our peo- ized capital gains. It talks about rent we have done so far and what has been ple is unlimited if—if—we are wise back income. If you own your house produced out of the Finance Com- enough to cut our taxes, to cut our and you actually put that house on the mittee and over in the House Ways and spending, to balance our budget, and market for rent—that is just nonsense. Means Committee. take the burden of government off the What we are talking about here is real With that, I yield back my time to backs of our people who produce. tax relief for real people. If we do this Senator THOMAS of Wyoming. Oh, we will be able to get along for right, we can give the American public, Mr. THOMAS. Mr. President, I just the next 5, 10 years. But we are enter- for the first time in 16 or 17 years, a tax want to say the three of us here, and ing a time like no other in the history cut, a real tax cut that we can build probably whoever else joins us, have of man. It is a time full of hope; but it on. not been in the Senate very long, a is a time of great competitiveness. This Mr. President, in my final comments, couple of years. Most of us came in next generation coming in behind us I will reference my weekend back in 1994. I want to say I am very proud of will have to compete in a complete Nebraska. I was, on Saturday, in North what has happened in these last 2 global economy. And as we look all Platte, NE, the home of Buffalo Bill. years, not because of us entirely, but around the world, on every continent— Being a good Kansan, Mr. President, we have been here to see a substantial and it is not just Asia—South America, you probably understand that and have change in the direction that this Con- Eastern Europe, the former Soviet Re- probably been across the border and gress has taken. One of the reasons has publics, all of the areas in the world paid homage to Buffalo Bill’s home been people coming, I think, in real are doing well and will continue to ex- ranch. It was amazing to me, all day in close contact with the folks at home plode with opportunity. They are dis- North Platte, NE, farmers, ranchers, who want to see some change, who ciplined. They are focused. And the small business people, and families want to see some change in the Tax movement of most of the governments would come up to me during the day Code, who really have been able to in the world today is less government. and talk about this issue. Farmers, communicate the needs that have to The countries in trouble today are in ranchers, and small business people take place if we are going to realize the trouble because of the burden of taxes asked me, ‘‘Senator, do you think I successes that we want.

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 23, 1997 CONGRESSIONAL RECORD — SENATE S6053 So I have been very proud of the com- help to balance the Federal budget at payers. That would cost about $188 bil- mitment of the freshman and the soph- all. What has really helped to move us lion over the 5-year period if you do omore class in this place over the last toward a balanced budget are two not count increased revenues that couple of years. We hope to continue to things. One, a robust economy pro- would be produced as a result of capital do that, and one of the areas is the size ducing wealth, producing jobs, and pro- gains reductions. So you can see from a of government, the cost of government, ducing revenues to the Treasury, and program that would theoretically cost the opportunity for people to keep the also a Congress that has been more the Treasury $188 billion, trying to money that they have earned. We are willing to hold the line on spending. squeeze all of that into $85 billion is pleased to be a part of that. Through a combination of those two going to mean that this tax relief is One of the persons who has been very things we can achieve a balanced budg- not as robust as we would like it to be, effective in doing that over these 2 et, and that is what the budget agree- and that is a fact. years is the Senator from Arizona. I ment was all about. But I do compliment the Finance am delighted he is here to join us this Unfortunately, we are not spending Committee for making the most out of morning. I yield the floor to Senator enough of that revenue generated by a the $85 billion it was provided. I think, KYL. robust economy on the tax relief that as we will see as this is debated on the Mr. KYL. Mr. President, I thank my should be provided to American fami- floor this week, the benefits to the colleague for organizing this session lies. As a result, the budget agreement American taxpayers, as the Senator this morning for us to talk about the only provides for $85 billion over a pe- from Nebraska has pointed out, are sig- importance of tax cuts and the activity riod of 5 years in tax relief to American nificant. Most of them go to working that the Senate is about to engage in families, not nearly enough to do the families. There are some that go to the finally providing the tax cuts to the job we should be doing. That represents risk-takers in our society, but after all, American people. about 1 percent of the $8.6 trillion that if there is not some reward for risk- Throughout my campaign in 1994, will be coming into the Federal Treas- taking in our economy, people are not that was one of the central features of ury during this 5-year period. So, clear- going to take risks, they will not make every meeting that I attended—people ly, we could use more of the increase in those investments that eventually calling for tax cuts. I will get back to revenues to offset the tax burden on produce the great companies that hire that in a moment. the American family. the people that produce the wealth and I was reminded, when the Senator But at least the negotiators who put end up creating revenues for the Treas- from Nebraska was talking about being this together in the Finance Com- ury. in North Platte, NE, this weekend and mittee, which has put together a good So it is a combination of providing hearing from his constituents there, package of tax relief for American fam- most of the tax relief for American that I flew over North Platte, NE yes- ilies, has recognized that a thriving working families and, in addition to terday. That is what the pilot of the economy is one of the keys to not only that, some reward for the risk-takers airplane said, and it reminded me that continued economic growth but also in our society. I had just been to a meeting in Colo- getting rid of the deficit, that the econ- The American Council for Capital rado where people from all over the omy producing wealth also translates Formation has estimated that the cap- ital gains relief that is provided for in country were saying the same thing. in revenues to the Treasury that will our bill would reduce the cost of cap- Nebraska is my State of birth, and I enable us to achieve a balanced budget. ital by at least 8 percent. What that literally flew right over the area where What they have also recognized is it would do is permit the creation of I was born. It does not matter whether will enable us to provide tax relief. 150,000 new jobs each and every year. you are from Kansas, Nebraska, or Wy- Now, there is another aspect of good So that is one of the benefits of this oming, people around this country news in this, Mr. President. Not only capital gains reduction we are talking have galvanized around a couple of cen- does a thriving economy bring in more about, Mr. President. It is to enable tral thoughts these days, one of which revenue and therefore enable us to bal- capital to be more efficiently used in is that the Government is taking too ance the budget and provide tax relief, our economy. Instead of having $7 tril- much of their money and they would but that very tax relief helps to fuel lion in pent-up assets that nobody like a little bit more freedom as to how the economy to grow even more, wants to sell or dispose of because they they spend their own money. produce even more jobs, produce even will have to pay a big tax on it of 28 It is interesting that the announce- more wealth, and therefore more reve- percent, if we reduce that to 20 percent ment last week by the American Tax- nues to the Treasury. So, it is a very for higher bracket taxpayers and 10 payers Union, a group that identifies a positive and constructive cycle—tax re- percent for lower bracket taxpayers, day called Tax Freedom Day, the day lief can assist the economy to continue that is an incentive for them to finally that we finally begin working for our- to thrive to produce more wealth to sell that asset that they have been selves and our families rather than the produce more revenue to the Treasury. holding on to, and by that sale we actu- Government, that day has now been Therefore, we ought to consider that ally not only help to put the money moved back. It was April 29 back when this is just the beginning of tax relief. into more productive enterprises but I entered the Congress. It is now May 9. For those of us who have been preach- also eventually create more revenue to What that means is that the average ing this for a long time, I think we the Treasury as a result of the tax that family has to work until May 9 to pay should at least get a little bit of credit is paid every time one of those assets the Federal Government everything it for the theory that has resulted in the sells. owes, and after that it can begin pay- good situation that we are in right A lot of economists today will criti- ing the State governments and other now, and that perhaps those who said cize the current capital gains policy governments and eventually begin no, the only way you can have a bal- because what it has done is to tie up working for itself. anced budget is by raising taxes, will capital in older industries, in busi- It is high time, Mr. President, that now acknowledge that those of us who nesses that were created a long time the Congress initiate the action and have been proposing cutting taxes have ago. People do not want to sell when that the President support the action had something to say for these last they have to pay the capital gains tax to reduce taxes for hard-working Amer- several years. on it and invest it in a more contem- ican families. I think we find that The original budget agreement here porary kind of business. But America throughout the country, whatever that we are trying to implement calls has led the world in enterprise, in new State we are from, that is what our for $85 billion in tax relief over a 5-year businesses—in our high tech computer constituents are telling us. period. That is not enough to do every- industry, for example—and if we are Now, we had tax cuts in 1981 and in thing that everyone would like. As a going to continue to maintain that 1986, but we had big tax increases in matter of fact, the original Republican lead, we need to have the capital to in- 1990 and 1993. Those two tax increases plan called for a reduction in capital vest in these new and emerging indus- were ostensibly for the purpose of bal- gains taxes, estate tax relief, $500 per tries. The only way that will be pos- ancing the Federal budget. What we child tax credit, and some educational sible is if there is an incentive for peo- found is that the tax increases did not and IRA benefits to American tax- ple to get rid of the investment in the

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6054 CONGRESSIONAL RECORD — SENATE June 23, 1997 older industry or business and invest first things I am going to do—and I have wasted money on programs that that in one of the new emerging busi- think my colleagues will support me on are actually counterproductive. The nesses. this—is get additional estate tax relief U.S. Government is not an efficient en- Interestingly enough, this American beyond that which is agreed to in this tity. We do not use dollars wisely. But Council for Capital Formation notes bill. We all recognize that it is totally families do. They are struggling to get that the cost of capital would be re- inadequate in this bill. We support the by. duced by 8 percent, which would create tax relief, but we don’t, for a minute, Let me ask you, how bad is the situa- new jobs. It will also help the Treas- contend that it is adequate. tion we are currently dealing with? ury. It should be noted, between 1978 So those are the two points I wanted First of all, I don’t think anybody and 1985, the top margin of tax rate on to make—first, that the capital gains would be surprised to know that this capital gains was cut by almost 45 per- relief in this legislation will be enor- Government brings in more money cent—it went from 35 percent down to mously beneficial to working families, today than it ever has in its history. 20 percent—but total individual capital to the risk-takers in our society, and Every month, every year that goes by, gains receipts tripled, from $9.1 billion even to the Treasury, which will enable we bring in more money than the to $26.5 billion annually. us to continue to be on a track to bal- month and the year before. That will Obviously, a capital gains tax cut is ance the Federal budget. not change, even when we pass these a winner for investors, for job seekers, Second, this whole package is just tax breaks for working Americans. So as well as for the U.S. Treasury. That the beginning. We begin the process of we are bringing in more money. We are is why we believe that the capital gains reducing the tax burden on working not trying to shut down this Govern- components of tax relief, as the Sen- Americans, but even beginning next ment. We are going to allow it to bring ator from Nebraska pointed out, has to year we will have proposals to continue in more money. We are going to allow be one of the critical components and that process. It is the right thing to do. this Government to bring in more will benefit all American families as It is what our constituents asked us to money, even with these tax cuts. So well as the U.S. Treasury. do, and for future generations it is the this is not an extreme position. We have talked about the other as- only thing we can do to fully comply What you may not know is this: pects of this tax proposal, my col- with our obligation to leave this coun- When President Clinton took office in leagues have, but I wanted to specifi- try a better place than we found it. I 1992, 19 percent of this Nation’s gross cally single out the capital gains tax thank the Senator from Wyoming for domestic product went to the Govern- because it does not help just the the time. ment. That is a very large sum, no wealthy, as some folks say, but will Mr. THOMAS. Mr. President, we are doubt about it. Since that time, and provide benefits to all taxpayers in this joined by the Senator from Alabama, since his 1993 tax increase—the largest country and all workers. who is also new here. I yield the re- tax increase in history—we have gone One last word, Mr. President. I have mainder of our time to the Senator from, last year, 20.9 percent of the gross domestic product—the gross do- sponsored the bill to repeal the estate from Alabama, Senator SESSIONS. tax, or the so-called death tax. My bill The PRESIDING OFFICER. The Sen- mestic product is the total of all goods has more cosponsors than any of the ator from Alabama is recognized. and services produced in this Nation— other bills relating to the estate tax in Mr. SESSIONS. Thank you, Mr. going to government, to, this year, the Senate and, likewise, the cor- President. It is an honor to be here to over 21 percent. This 21 percent is paid responding bill in the House. The Sen- talk about one of the most important by the taxpayers and working citizens ator from Nebraska, the Senator from issues facing this country, and that is of this Nation to the Government in the form of taxes. Kansas, and the Senator from Wyo- the tax burden on working Americans. I think it is important, Mr. Presi- ming have all been very supportive be- Many people think that it is just a po- litical gimmick when we talk about dent, for us to think about this in his- cause of the impact on farms and small torical terms. What does this mean? the need to reduce taxes. They think businesses in their States. It is the Bruce Bartlett of the National Center that is just a gimmick to get votes, same throughout the country. We need for Policy Analysis wrote recently to do something about this. that we are trying to appeal to the peo- about this. He made this point: Never Unfortunately, because of the origi- ple in a way that somehow is less than in the history of this Nation have we nal budget agreement limiting the tax honest and forthright, or that we are reached the point where 21 percent of cuts to only $85 billion over the 5-year seeking to buy votes by promising a the Federal gross domestic product is period, or 1 percent of tax revenues, the tax cut. Mr. President, it is much, paid to this Government in the form of administration made sure that there much deeper than that. taxes—not during the height of World wasn’t too much tax relief in the agree- The problem in this country is that War II did we reach that level, not dur- ment. The Senate leaders were trying we are reaching a tax burden that is ing the Korean war did we reach that to push for more, but because there unacceptable. An excessive tax burden level, not during the Vietnam war did was an agreement we are not going to has the capacity to diminish our com- we reach that level, and not during the be able to do everything we should. All petitiveness in the world, while an eas- recessions when the economy has we are going to be able to do on estate ing of that tax burden has the poten- slowed down did we reach that level; tax relief is very, very modest relief. I tial to increase our productivity as a none of those times have we reached regret that. All of us do. nation. All we have to do is let people the point where we paid the highest Basically, what we are doing is rais- keep more of their hard-earned money. level in history—21 percent of the gross ing the exemption from $600,000 up to a Taxes are, in a way, a penalty, a pun- domestic product—to this country. million dollars over a 10- or 11-year pe- ishment on hard work. If you want to Last year, when I ran for office and I riod. Inflation alone will mean that not reduce something, you tax it. If you asked people for their support, I talked even this legislation will keep pace want to encourage something, you sub- to them about the future and the direc- with inflation. So that is totally inad- sidize it. One of the problems with our tion this country ought to take. They equate. In order for us to do what we do country is that we have been penal- expressed to me their desire to have in the other areas, I guess we are going izing good behavior. We have been pe- less Government, a return to local gov- to have to be willing to accept that. nalizing people who work hard—hus- ernment, and a reduction in the power What it means, Mr. President, is that bands and wives who have jobs, or and influence and waste and mis- there is still going to be a big incentive maybe they have two jobs each. They management of the Federal Govern- for those people concerned about the work and make money to take care of ment. The trends are clear, and the estate tax to come in with a second their children. We are taxing them to a trends are not good. round of reforms, beginning next year. degree that we have never taxed them What this tax proposal does is, it As a result of an amendment I was before. We have diminished their says to this giant bureaucracy of the able to get passed in the budget, and strength and hurt those families that Federal Government that we want to which stayed in the budget, we are not are struggling to get by. We subsidize bring you under control. We don’t want precluded from offering additional tax people that don’t work, give money to 22 percent of GDP going to the govern- relief beginning next year. One of the people who choose not to work, and we ment next year, 24 the next, 26 the

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 23, 1997 CONGRESSIONAL RECORD — SENATE S6055 next, and 28 the next and, finally, a shielded. The percentage that you pay a good and just way to determine just third, or even a half of our money on the amount that you earn is higher. how significant our tax burden is. going to the Federal Government. That Taxes have gone up. In 1950, the aver- Finally, Mr. President, I want to is not the way to keep this Nation age working family only paid 2 cents share this story. I think it is a very im- strong. We need to do better. out of every dollar to the U.S. Govern- portant story. I serve on the Joint Eco- Taxes are too high. We are not claim- ment in the form of taxes—2 cents. nomic Committee. Alan Greenspan, ing they are too high because we are Today, it is 25 cents. That is a dra- Chairman of the Federal Reserve Sys- trying to get people’s support by prom- matic change in American policy. I tem, testified at one of the first com- ising some political tax gimmick. This submit to you, Mr. President, that it is mittee hearings I attended. It appeared is a fundamental, governmental policy unacceptable. he was about to raise interest rates, change. That is what I was sent here to I think it is time for us to be frank and everyone was most anxious. The do, to be a part of that. I wish that the with ourselves, to be honest, to realize economy was going along well. We were tax cuts that have been proposed and that we can’t keep increasing tax bur- all pleased about the growth of the are being pushed by my Republican col- dens so that we politicians here in this economy. There were a number of dis- leagues could be bigger. But we know Senate and this Congress can pass pro- cussions about why the economy was we have to have bipartisan support and grams and pass out money and claim doing so well. Some joked that it was be able to overcome a Presidential we are heroes. It is not our money we President Clinton, and some said it was veto. As a result, we have had to work are passing out. It is money that we Mr. Greenspan. It was just a light- hard and compromise to reach a sig- took from some family that needed hearted conversation. nificant tax cut. This is significant tax that money. When it came my time to ask him cut, but I wish it were bigger. It is a Let’s think about this $500 per child questions, I asked him about an article good tax cut; we need to have it and we tax credit. A family of three, at $1,500 that I had read in USA Today. They need to proceed with it. per year, can divide that up per month interviewed business people from Ger- One complaint that has been made, and it will be over $100 per month, tax many, England, and Japan. They asked Mr. President, is that this is a tax cut free. Tell me a family making $30,000 them why the American economy was for ‘‘rich’’ people. It doesn’t help the can’t use an extra $100 per month. doing better than the economies of poor people. Well, a tax cut can only be Frankly, I am concerned about the idea those three nations. When you boiled it applied to those who pay taxes. This is that we ought to mandate in later down, those representatives from those a tax cut, not a welfare program. We years, at age 13 or 14, that they be re- three nations gave three reasons. They have welfare programs. We still have quired to apply that tax credit toward said the American economy is stronger our Food Stamp Program. We still college savings. I am telling you that is because we have lower taxes, less regu- have our Aid to Families With Depend- not realistic. Working families in lation, and a greater commitment to ent Children. We are going to provide America today are concerned about the market economy, to the free mar- more money this year than ever and getting by; they are not always con- ket. provide health insurance for those who cerned about college. They have a car I asked Mr. Greenspan if he agreed don’t have it. We are going to continue that needs tires on it. They might need with that. He said, ‘‘Yes, I absolutely Medicare and strengthen that and to fix the muffler. The children might agree with that.’’ He said that without make it a sounder policy to help poor need to go on a school trip. Where are hesitation. people in America. This is not a wel- they going to get the money for that? Those are the cornerstones of a fare program. We are talking about a This could provide that. I think we strong and vibrant economy. We can- tax cut for people that are working and ought to trust the families with these not keep raising our taxes every year paying taxes. That is who needs a decisions and let this be their tax cut. so that we take a larger and larger por- break right now—middle America. We We, in Congress, should not try to tion of our gross domestic product. We need to be right up front about it. This manage what they are going to do with will end up like Germany with unem- is not a welfare program. It is a tax cut it. A lot of kids don’t go to college. A ployment over 12 percent instead of for people who are paying more taxes lot of kids work their own way through around 5 percent. That is what we will than they ought to pay. college. Maybe that family desperately be heading to. Federal income taxes are graduated. needs that money now for personal So this drive, this imperative to re- The highest income people do pay more items just to get by. That is who we duce taxes is not just to see if we can taxes. A family of four making $20,000 ought to be supporting. buy votes for letting people have more does not pay income taxes. Most fami- So, Mr. President, I feel very strong- money; it is to try to invigorate and lies of four will not pay any taxes with ly about this. I am most proud to be as- maintain the competitive capacity of a $20,000 income. Our idea is to allow sociated with a group of Senators who this Nation. That is why we are doing those middle-class Americans, who are are committed to realistically reducing better than the rest of the world. working and struggling to get by, to the tax burden on America. I don’t know who you could say de- keep more of their money. I was so proud to be associated with serves credit for this economy. We I have traveled Alabama in the last Senator KYL from Arizona who spoke could have a lot of different ideas. But few years and I have talked to people. previously. Senator KYL has been a I would say that the Republican Party I have seen studies and all of the eco- champion for estate tax reduction. And and Presidents Reagan and Bush, who nomic data that we get around here. I I was pleased to join with him as an spent a whole career fighting to reduce have served on the Joint Economic original cosponsor on his bill to elimi- regulations and to contain the growth Committee of the Senate and the nate this estate tax. I think that is an of taxes, even reduce taxes, played an House, where we have dealt with eco- unfair tax. The estate tax only brings important role in this economy. We nomic reports from the Department of in about 1 percent of the Federal Gov- need to remember that and maintain Labor and various other departments ernment’s income. Considering the our historical position as a nation that of the Government. We have analyzed amount of money it brings in compared will fight to keep its tax burden from those figures, and what my instincts with the cost of administering that going up. tell me, and what I have learned from program and the great gymnastics that So, Mr. President, I am pleased to be campaigning throughout Alabama, as people go through to try to avoid it, here today to express my excitement well as from what the statistics show, the estate tax is just inefficient and and primacy of support for legislation is that middle-class, working families unfair. We could eliminate that tax and that will allow Americans who work are struggling to a degree they have make this country and this economy hard every day to keep more of their never struggled before. more healthy. money. They can spend it on the things In 1950, 70 percent of a middle-class, Total Federal Government and State they want to spend it on and not on average family’s income was shielded government taxes now amount to over something that somebody in Wash- from Federal income tax. They paid no 30 percent of the gross domestic prod- ington wants to spend it on. It will be taxes on 70 percent of the money they uct. In my opinion, measuring the tax good for them. It will be good for their earned. Today, only 30 percent is rate to the growth domestic product is families, and it will be good for the

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6056 CONGRESSIONAL RECORD — SENATE June 23, 1997 competitive and productive capacity of discuss the critically important issue of the these reductions is open to debate, as esti- this Nation. negotiations aimed at signing a protocol dur- mates differ. Nonetheless, the key point is I think this is an extremely impor- ing the third session of the Conference of the that this responsibility will not be shared be- tant issue. We should not minimize it. Parties to the United Nations (UN) Frame- cause of the Berlin Mandate, for the chart Lower taxes will make us a stronger work Convention on Climate Change, which clearly shows that the emissions of the de- is scheduled to be held in December in veloping world continue on their inexorable and more competitive Nation. We will Kyoto, Japan. I am concerned that the pro- upward track, even as we in the OECD group have a greater increase in our eco- tocol that results from these negotiations make the painful and costly adjustments nomic growth. And out of that growth, could have a serious impact on American in- necessary to force down our emissions. we will have the capacity to serve dustry and on our economy, while at the This demonstrates the second problem those who are less fortunate. If we kill same time failing to address a looming with the Berlin Mandate, which is that we the goose that laid the golden egg, if threat to the global environment. gave away the store, and we received nothing we continue to tax this economy to the On June 12, I introduced a Sense of the in return. Many of the biggest emitters of degree that it drives its growth down, Senate Resolution, together with Senator greenhouse gases in the developing world Hagel and a bipartisan group of my col- have refused to even discuss, let alone seri- we will not have that strength and that leagues, which addresses the conditions for ously consider, taking any emissions limita- capacity to meet the challenges of our U.S. agreement to revisions to the United tions commitments upon themselves. In Nation. Nations Framework Convention on Climate what can only be viewed as an act of envi- Just look at the economies of Europe Change. The resolution has been cosponsored ronmental irresponsibility, the developing and Japan. You will see what can hap- by 60 Senators from both sides of the aisle. nations have adamantly refused to recognize pen to us if we are not careful. This resolution states the Sense of the Sen- that they will, over the next two decades, be- I am excited about what is hap- ate that the developing world must fully par- come the primary cause of the problem, in pening. I look forward to having the ticipate in the treaty negotiations and com- terms of annual emissions. opportunity to vote on many of these mitments and play a meaningful role in ef- The refusal of the developing world to dis- cuss any future emissions limitations com- issues. I hope that the result will be fectively addressing the problem of global climate change. mitments has become a central issue, for any that this economy will be free from In essence, the resolution accepts the the- attempt to bring them into the process is la- further taxation, that we will have sis, which is still the subject of some dispute, beled by some as a ‘‘treaty killer.’’ I have a more growth and more productivity, that the increasing release of carbon dioxide different perspective. My resolution is not a and that we will be more competitive (CO2) and its accumulation in our atmos- treaty killer. It is, in fact, a treaty in the world. phere are causing a very gradual heating of enhancer. It calls upon the Administration Thank you, Mr. President. the globe, which has many adverse con- not to agree to a protocol, unless it includes I yield the floor. sequences for us all. I believe the Adminis- new commitments to limit or reduce green- house gases emissions for developing country f tration should be commended for its efforts on this issue, and I commend this sub- parties within the same compliance period. THE VERY BAD DEBT BOXSCORE committee for its attention to this matter. If My resolution improves the treaty. For any Mr. HELMS. Mr. President, at the substantial steps are going to be taken to in- treaty that does not include emissions limi- fluence carbon dioxide and other greenhouse tations provisions for the developing world is close of business Friday, June 20, 1997, inherently unsound and ineffectual on its the Federal debt stood at gas emissions, we need to accelerate new technologies, anticipate new developments, face. Environmentally, we are all in the $5,331,587,514,810.20. (Five trillion, three and encourage public/private sector partici- same global boat. What good does it do for hundred thirty-one billion, five hun- pation. the United States and other developed na- dred eighty-seven million, five hundred President Bush signed the United Nations tions to work feverishly to plug the holes in fourteen thousand, eight hundred ten Framework Convention on Climate Change, the boat, if the developing nations are drill- dollars and twenty cents) the so-called Rio Pact, in 1992, which was ing holes at the other end just as fast as we One year ago, June 20, 1996, the Fed- subsequently approved by the Senate, and plug them? Be assured that the global boat eral debt stood at $5,108,536,000,000. calls on the industrialized nations to aim to will sink just as rapidly and we are all going (Five trillion, one hundred eight bil- reduce their greenhouse gas (GHG) emissions to be in for a long, long swim. Bringing the developing world in under the lion, five hundred thirty-six million) to their 1990 levels by the year 2000, a goal which will not be achieved by the U.S. nor by climate change tent, as part of any future Twenty-five years ago, June 20, 1972, treaty, will not only increase the prospects the Federal debt stood at the vast majority of the industrialized na- tions unless further steps are taken. of Senate ratification, it will also be enor- $426,219,000,000 (Four hundred twenty- The parties to the Framework Convention mously beneficial for the international envi- six billion, two hundred nineteen mil- met in Berlin in 1995 to discuss the future di- ronment. Let me further clarify that point. lion) which reflects a debt increase of rection of the treaty in light of this pro- This chart shows the world of 1995, in terms nearly $5 trillion—$4,905,368,514,810.20 jected failure to meet the voluntary objec- of world carbon emissions in millions of met- (Four trillion, nine hundred five bil- tives, agreeing that any new commitments ric tons of carbon. The United States and lion, three hundred sixty-eight million, would be binding upon the signatories. Spe- OECD nations, shown in red, are responsible five hundred fourteen thousand, eight cifically excluded from any new commit- for a little over half of that total. The next hundred ten dollars and twenty cents) ments, however, would be the countries that chart projects the world as it might be after the currently proposed treaty is adopted, during the past 25 years. comprise the developing world. The rationale for the so-called Berlin Mandate was that it with only the developed world taking action f is the industrialized OECD (Organization for to reduce greenhouse gas emissions. The dif- THE PROBLEM OF GLOBAL Economic Cooperation and Development) na- ference is startling. The developing world, shown in purple, has assumed the U.S. and CLIMATE CHANGE tions that have been the major emitters of greenhouse gases in the past, and will con- OECD nations’ place as the biggest global Mr. BYRD. Mr. President, on Thurs- tinue to be in the next decade. polluters. The problem remains the same, day, June 19, I appeared before the Sub- There are two intrinsic problems with the only the names have changed. And again, be- committee on International Economic Berlin Mandate. First, while the industri- cause of the flawed Berlin Mandate, all of Policy, Export and Trade Promotion to alized world is the primary contributor to these emissions from the developing world testify on Global warming and on be- the current problem, that will not be the will be completely uncontrolled, and free to case in only a few years. As this chart dem- increase even further. From this perspective, half of my sense-of-the-Senate resolu- onstrates, the emissions of the developing it is the Berlin Mandate—and the fact that it tion on the same matter which now has world are rapidly increasing on a sharp, up- lets the developing world off the hook scott- 61 cosponsors including myself. ward slope. These emissions will actually free—that will seriously harm the global en- I was pleased to appear on the same surpass those of the industrialized OECD na- vironment in future years. panel with my good friend, Congress- tions by the year 2015. In short, the devel- Finally, let us examine the role of China. man JOHN DINGELL. I ask unanimous oping world is rapidly becoming a clone of Despite possessing a strong and growing eco- consent that my testimony and that of the OECD nations. nomic and industrial base, despite possessing Congressman DINGELL on that occasion Let us assume that the current negotia- the ability to launch satellites into orbit, tions for a new protocol, which are to be con- China is still counted among the family of be printed in the RECORD at this point. There being no objection, the mate- cluded in Kyoto this December, result in a developing nations. But its industrial growth binding commitment that the OECD nations is matched by its growing contribution to rial was ordered to be printed in the must reduce their emissions to 1990 levels by global pollution. This chart compares Chi- RECORD, as follows: 2010. This chart demonstrates that under na’s contribution to global carbon emissions STATEMENT OF SENATOR ROBERT C. BYRD such a scenario the OECD nations will sharp- to the contribution made by the United Mr. Chairman, I thank you for the oppor- ly reduce our emissions of greenhouse gases. States. On the left, we can see that based tunity to appear before the subcommittee to The price we will pay in order to achieve upon current trends, China will surpass the

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 23, 1997 CONGRESSIONAL RECORD — SENATE S6057 United States in carbon emissions by 2015. to deep emission reductions, and which does would adversely affect U.S. competitiveness. On the right, we can see that if current pro- not spread the burden of responsibility equi- But the State Department has signed onto posals are adopted, under which we would re- tably across the globe. These assessments by agreements that are procedurally and sub- duce our carbon emissions to 1990 levels, bedrock American industry must be taken stantively disadvantageous. The outcome while imposing no requirements upon the de- seriously. I hope that this hearing will result may be an agreement late in 1997 in Kyoto veloping world and China, China all by itself in new Senate attention to the progress of imposing mandatory emissions reductions on will greatly exceed the United States in met- these negotiations, and that this Committee developed countries, and at best only vol- ric tons of carbon emitted. will serve to interact regularly with the untary steps for developing nations. I find it disturbing that despite its future State Department and Administration pol- We’ve already committed ourselves to role as the world’s leading contributor to the icy-makers as our negotiating strategy is de- steps to control emissions and potentially problem of carbon emissions, China has indi- veloped and refined. harm our competitiveness. The developing cated steadfast refusal to apply any type of The resolution that Senator HAGEL and I countries are scot-free. We’ve gotten not a binding obligations upon its own economy introduced, and which has won the support of single, solid, binding commitment from and industries. I believe that if the treaty we a majority of sixty Senators, is aimed at them. are negotiating today does not equally com- that negotiation, and beyond. Since carbon My friends in the Administration argue mit developing nations like China to binding and other greenhouse gases can accumulate that they are being hard-nosed because they commitments, there will be no incentive for in the atmosphere and persist for long peri- have rejected the more extreme proposals China and the other nations of the devel- ods, we will not as a community of nations advanced by groups such as the Association oping world to make responsible and envi- get a handle on these threats to our global of Small Island States, or AOSIS. But I find ronmentally sound choices as they develop. climate unless everyone participates and scant reason to congratulate our negotiators You can be sure that after China assumes its does their share to solve the problem. We all for refusing the chance to submit our uncon- role as a leading carbon emitter, she will not share our earth in common. We breath the ditional surrender. be very eager to make the tough and costly same air, and we are exposed to the same Four: Even if you disagree that climate corrections to retrofit her industries to re- global climate system. We must all accept change is a problem, is the Administration duce emissions of greenhouse gases. Indeed, our share of the responsibility for the global really doing anything to protect the environ- she may expect to benefit from a treaty in climate. We must keep this fragile boat ment? which she escapes binding commitments, be- afloat, together, and the sooner we have The theory of global warming holds that cause it may allow her to import industries commitments from all its passengers to greenhouse gases have an effect no matter from OECD nations that would choose to re- work together in that effort, the better. where in the world they are emitted. This is locate there rather than change their ways not like the debate over acid rain or ozone, TESTIMONY OF THE HONORABLE JOHN D. DIN- and clean up their acts at home. where emissions from one part of the coun- GELL, SENATE FOREIGN RELATIONS COM- My message to U.S. negotiators is that all try were thought to cause problems in an- MITTEE, SUBCOMMITTEE ON INTERNATIONAL nations, but particularly those that are other, identifiable region. China will surpass ECONOMIC POLICY, EXPORT AND TRADE PRO- making and will make a significant con- us in terms of emissions early in the next MOTION, JUNE 19, 1997 tribution to greenhouse gas emissions, need century. If you accept the theory of global to (1) make commitments at Kyoto that un- Mr. Chairman, I appreciate your holding warming, those emissions will cause as much equivocally demonstrate an action program this hearing. I consider it a great honor to harm to the climate as emissions from the to tackle this problem, and (2) to start with testify beside my good friend and highly re- developed countries today. aggressive efforts to act on those commit- spected colleague from West Virginia, Sen- Five: How is all this going to work? ments immediately and not settle for vague ator Byrd. I’ve yet to see a proposed negotiating text promises to return to a future negotiation to I do not appear before this Subcommittee that includes specific dates and numbers. get serious. Finally, while countries have as a critic of the idea that we are engaged in Those are important matters, but there are different levels of development, each must climate change negotiations and that we are some other fundamental issues at hand: Who make unique and binding contributions of a moving forward. I’m critical of the idea that will have to do what? Who will enforce the pace and kind consistent with their indus- we are negotiating without the full and prop- agreement, and how timely would enforce- trialization. The developing world must er information that we need. ment be? If we establish a trading system, is agree in Kyoto to some manner of binding With respect to the climate change nego- China or any other developing country going targets and commitments which would begin tiations, I have several questions to which I to be allowed to keep credits for themselves at the same time as the developed world in have yet to receive satisfactory answers. as a country? Or will companies be allowed as aggressive and effective a schedule as pos- One: Have we overreached on the science? to use them to offset operations elsewhere in sible given the gravity of the problem and The State Department has concluded that the world? Does anyone seriously believe the need for a fair sharing of the burden. current science proves that global warming China, or any other country for that matter, In closing, I note that my resolution states is ‘‘dangerous’’ and requires immediate emis- will act on altruistic motives? than any treaty presented to the Senate be sions reductions. But the official U.N. sci- This leads me to my sixth and final ques- accompanied by a ‘‘detailed explanation of entific body has gone only so far as to iden- tion. Why are we doing this before we have any legislation or regulatory actions that tify a link between human activity and the most basic information about how cli- may be required to implement the protocol warming, but their own document on the mate change policies will affect our econ- or other agreement and should also be ac- science states, and I quote, ‘‘our ability to omy? In short, has the Administration both- companied by an analysis of the detailed fi- quantify the human influence on global cli- ered to do its homework? nancial costs and other impacts on the econ- mate is currently limited.’’ In other words, We were supposed to have the vaunted omy of the United States which would be in- we don’t know with any degree of precision analysis and assessment of the impact of cli- curred by the implementation of the agree- how big the problem is, we don’t know how mate change policies on the U.S. economy by ment.’’ There surely will be costs if the fast it’s moving, or how it can be mitigated. the end of last year. It has not been com- United States is to make the changes to our My friend and former colleague Tim Wirth, pleted yet, despite repeated promises to Con- existing industrial base and to our existing who will testify later this morning, agrees gress and industry that it would be available lifestyle necessary to meet the goals of this on this point. At a public forum this Feb- before important policy decisions are made. treaty. Our smokestacks must be cleaner ruary he said there is ‘‘no doubt about the But the State Department formally proposed and our automobiles more efficient. There theory’’ of climate change and that ‘‘we a cap-and-trade negotiating position in Jan- are many ways to achieve these goals. We don’t know where, how much or how fast.’’ uary. In short, the analysis is self-evidently must be able to tell the American people Two: Is what we’re seeing here a classic ex- too late to inform the process, and likely what will be required to meet any proposed ample of mission creep? will be used to justify what the Administra- commitment. We’ve seen a shift from voluntary to man- tion has already decided to do. Just as clear- Politically, I believe that there needs to be datory policies. Initially, the Administra- ly, public participation and comment on the a strong consensus between the President tion’s policy was based on voluntary agree- analysis and assessment is irrelevant. And and Congress about any plan of action. The ments with industry and reliance on ‘‘joint the Department of Commerce official in Administration’s policy of follow-on multi- implementation’’ of mutually beneficial charge of the analysis and assessment has lateral negotiations to deepen the impact of partnerships between U.S. industry and de- moved on to pursue other career opportuni- the Rio Pact requires very substantial con- veloping countries. For instance, U.S. com- ties. sensus-building with the Congress, and broad panies would get credit for helping devel- I have asked the Administration whether, educational activities to bring the American oping countries build clean power plants. when they go to Kyoto next December, they public along. To impose effective, legally- But sometime early in 1996, the tone will refuse to sign any agreement that binds binding measures on the U.S. economy, will changed. Mandatory emissions reduction be- the U.S. to new emissions obligations unless mean having the strong support of the Sen- came the goal. it holds our economic competitors in the de- ate. We Senators need to be deeply concerned Three: Who is representing America’s in- veloping world to equivalent obligations. I over the alarm that has been expressed to us terests? Are we setting ourselves up for an cannot in all truth say that I have received by a very broad range of American industry economic fiasco? a reassuring answer. and labor over the impacts on our economy In a letter to me in 1995, President Clinton My concerns very closely parallel those of of a treaty which commits the United States promised not to agree to anything which American labor, and I am delighted that you

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6058 CONGRESSIONAL RECORD — SENATE June 23, 1997 will be hearing from Secretary-Treasurer To quote Wil Armstrong, a Denver ‘‘Mother Teresa was out to change the Trumka of the AFL-CIO. I commend to you business leader who is very active in world for one person at a time,’’ Armstrong the resolution on climate change adopted by the Community Entrepreneurial Pro- said. ‘‘In a lot of ways, that’s what I believe the AFL-CIO Executive Council, as well as gram, ‘‘We’re backing one little busi- Enterprise does. We’re backing one little the Senate resolution offered by Senator business at a time, trying to make a dif- Byrd. ness at a time, trying to make a dif- ference for just one person or one family at Let me close by noting again that I am not ference for just one person or one fam- a time.’’ opposed to our being part of international ily at a time.’’ Mr. ALLARD. I suggest the absence negotiations on climate change. But I would I ask unanimous consent that the of a quorum. approach those negotiations the way I would Rocky Mountain News story be printed The PRESIDING OFFICER (Mr. approach a high-stake poker game: with an in the RECORD. open mind, but not with a blank check. ENZI). The clerk will call the roll. There being no objection, the article The legislative clerk proceeded to f was ordered to be printed in the call the roll. CHARLES BEATTY’S DEDICATED RECORD, as follows: Mr. SESSIONS. Mr. President, I ask SERVICE TO THE SENATE [From the Rocky Mountain News, May 25, unanimous consent that the order for 1997] Mr. BYRD. Mr. President, I would the quorum call be rescinded. MICRO-LOANS AID DENVER POOR like to commend a fellow West Vir- The PRESIDING OFFICER. Without (By Al Lewis) ginian, Charles E. (‘‘Chuck’’) Beatty objection, it is so ordered. for his significant contributions to the Micro-loans have long been heralded as a f solution to Third World economic woes. Now Senate on the occasion of his recent re- a handful of micro-lending organizations are CONCLUSION OF MORNING tirement from the Bell Atlantic Tele- bringing them to Denver. BUSINESS phone Company after more than 32 ‘‘We call ourselves the investment banker The PRESIDING OFFICER. Morning years of service. to the ghetto,’’ said Stephen Rosenburgh, business is now closed. During the past 11 years, Chuck has chief executive officer of Arlington, Va.- faithfully served this institution. He based Enterprise Development International. f was assigned to the Senate in 1986 when ‘‘We seek to enable the poorest of the BALANCED BUDGET ACT OF 1997 he was involved in the digital tele- poor.’’ Since 1985, his group has helped 660,000 peo- The PRESIDING OFFICER. The Sen- phone switch installation. He has ple set up small businesses around the world. ate will now proceed to the consider- worked diligently and tirelessly It has helped first-time entrepreneurs pur- ation of S. 947, which the clerk will re- throughout these years on any project chase everything from rickshaws to trucks, port. required by the Senate, regardless of hand tools to laptops. The legislative clerk read as follows: the deadline. Some of his other major Now the group is contributing to a $240,000 loan pool that will finance small start-ups in A bill (S. 947) to provide for reconciliation accomplishments include overseeing pursuant to section 104(a) of the concurrent the installation of telecommunications low-income areas of Northeast Denver. The Community Entrepreneurial Program, resolution on the budget for the fiscal year service for the last three Presidential launched last week, will make 16 to 20 loans 1998. Inaugurations and implementation of of up to $15,000 to entrepreneurs in the Whit- The Senate proceeded to consider the the state-of-the-art rewiring of the tier, Five Points, Park Hill and City Park bill. Russell Senate Office Building, which East neighborhoods, said Bill Bridges of The PRESIDING OFFICER. The Sen- is nearly completed. No job was ever Belay Enterprises. ator from Alabama. too big or too small or required too ‘‘A lot of inner-city people find it hard to Mr. SESSIONS. Mr. President, I sug- connect with a bank,’’ Bridges said. ‘‘But quickly. Chuck always provided the gest the absence of a quorum, and I ask Senate whatever was needed as soon as with welfare reform on the horizon, home- based businesses and self-employment are that the time be equally divided. necessary. going to become very important.’’ The PRESIDING OFFICER. Without Chuck was born in Cheat Neck, West Belay received $20,000 from Enterprise De- objection, it is so ordered. Virginia, outside of Morgantown, velopment International to launch the pro- The clerk will call the roll. where his parents still reside. He fre- gram. it also received $20,000 from Agape The legislative clerk proceeded to quently returns to a cabin near Moore- Christian Church, Church in the City, Jubi- call the roll. field to enjoy the West Virginia sce- lee Community Church and Loving Saints Mr. DOMENICI. Mr. President, I ask nery and air as well as canoeing on the Christian Church; and it received $40,000 unanimous consent that the order for North Fork of the Potomac River. from a statewide organization called Colo- rado Capital Initiatives. the quorum call be rescinded. I want to take this opportunity to The $80,000 from the various groups will be The PRESIDING OFFICER. Without thank Chuck for his dedicated service used to secure $240,000 worth of loans from objection, it is so ordered. to the Senate and wish him well in his Northwest Bank Colorado. Mr. DOMENICI. Parliamentary in- future endeavors. The three-year loans carry interest rates quiry, Mr. President. I understand we f of just one point above the prime lending are on the reconciliation bill? rate. The PRESIDING OFFICER. That is SMALL BUSINESS LOANS FOR They will help start businesses ranging correct. INNER CITY from painting and carpentry contractors to home-based medical billing and mortgage Mr. DOMENICI. Time has been run- Mr. ALLARD. Mr. President, re- brokerage services, Bridges said. Loan can- ning? cently, the Rocky Mountain News re- didates will be referred by participating The PRESIDING OFFICER. The Sen- ported on a new program in Colorado, churches. ator is correct. the Community Entrepreneurial Pro- Micro-lending programs like Belay’s may Mr. DOMENICI. How much time has gram, which provides small business be the wave of the future for corporate char- run? loans to inner city Denver entre- ity. The PRESIDING OFFICER. Thirty preneurs. Business people sometimes scoff at the minutes. The Community Entrepreneurial idea of a handout, but they are usually Mr. DOMENICI. I understand that happy to donate money to programs that Program uses private and nonprofit cultivate an entrepreneurial spirit in bene- the leadership has indicated there will funds, not government money, to fund ficiaries, Rosenburgh said. be no votes today, which does not mean these micro-loans. It is part of an They also offer their time and expertise. there will not be amendments offered. international effort to set up small ‘‘I want to use business in a way that im- We hope that we will take a few businesses around the world, Enter- pacts others,’’ said Wil Armstrong, vice amendments and debate them and then prise Development International, president of Cherry Creek Mortgage Co. Inc. put them over in some stacked regime headquartered in Arlington, VA. Armstrong, who once volunteered at Moth- for tomorrow. As we continue to find ways to help er Teresa’s home for the destitute in India, is I also understand there are 20 hours director of Enterprise International. His fa- people help themselves, this program is ther, former Colorado Republican Sen. Wil- of debate equally divided on this bill. Is leading the way in helping individuals liam Armstrong, serves on the group’s inter- that correct? with the initiative and drive to start a national advisory board, which is chaired by The PRESIDING OFFICER. That is small business. Jack Kemp. correct.

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 23, 1997 CONGRESSIONAL RECORD — SENATE S6059 Mr. DOMENICI. And that there is ican people that we finally had reached that Senators found ways to get around also an agreement between the leaders an agreement, 5 years in duration, that what was contemplated. So, what we that we will use 10 hours of that 20 would get us to a balanced budget, did, with the cooperation and assist- today before we recess. So I think that some people wanted us to tell them ance of the distinguished Senator from sort of sets the stage for those who are precisely what the agreement con- West Virginia, Senator BYRD, we interested in attempting to modify the templated when, as a matter of fact, adopted a rule for ourself about this bill before us. the agreement covered only a portion bill and we have now named it after the I have a couple of technical consents. of what must be done by Congress. Senator. It is called the Byrd rule. Es- Mr. President, I ask unanimous con- Then, in addition, a budget resolution sentially what it says is that matters sent that the presence and use of small was taken up on the Senate floor. Dur- within this bill or matters attempted electronic computers be permitted on ing the discussion of that budget reso- to be added to this bill that do not sub- the floor during the debate and discus- lution, people would ask questions like, stantially decrease the deficit—that is, sions on this measure. ‘‘What changes are there going to be in if you introduce them, for instance, to The PRESIDING OFFICER. Without Medicare to make it solvent for the 10 do away with a commission, but it objection, it is so ordered. years that are being promised?’’ They really isn’t there to save money—then PRIVILEGE OF THE FLOOR might ask the question, ‘‘What is going the Parliamentarian will rule that it Mr. DOMENICI. Mr. President, I ask to happen to Medicaid under this budg- takes 60 votes to pass them. unanimous consent that the following et proposal and this agreement?’’ This is very different from an ordi- staff of the Budget Committee be per- Frankly, for the most part, we told nary bill that comes before this body, mitted to remain on the Senate floor them what we knew and we told them which is the most generous parliamen- during consideration of S. 947 and the that, in due course, a piece of legisla- tary body in the world in terms of per- list be printed in the RECORD. This list tion would be coming through that mitting Members to make amendments contains both the majority and minor- would change various laws of the land and argue what one might even call ir- ity staff. and would accomplish the goals, the relevant matters to a bill pending. So, The PRESIDING OFFICER. Without savings required over the first 5 years as an example, you can have a bill com- objection, it is so ordered. and estimated over 10. And now, today, ing through here on education and The list is as follows: to put it into perspective and so the somebody can get up and say, ‘‘I would MAJORITY STAFF process is understood better, the com- like to debate the troops in Bosnia.’’ Victor Block, Scott Burnison, Amy Call, mittees that were charged under that They would get up and they could in- Jim Capretta, Lisa Cieplak, Kay Davies, budget resolution to do things—for the troduce a resolution or a statute on Kathleen M. Dorn, Beth Felder, Alice Grant, most part to decrease the cost of pro- that education bill that says we are Jim Hearn, Bill Hoagland, Carole McGuire, grams within their jurisdiction, within going to be out of Bosnia in 6 months. Anne Miller, Mieko Nakabayashi, Cheri their authority; in a couple of in- Frankly, it is debatable for as long as Reidy, Ricardo Rel, Karen Ricoy, Brian stances they were asked to increase the Senate wants to debate it and it Riley, Mike Ruffner, Andrea Shank, Amy slightly, the expenditures—essentially cannot be stricken for germaneness or Smith, Austin Smythe, Bob Stevenson, Don- those committees, eight in number, relevance because, under the Jeffer- ald Marc (Javits) Sumerlin, Winslow Wheel- er. have done their work and now what we sonian rules that we adopted and par- have is a law, what could be a law, that liamentary interpretations, we are free MINORITY STAFF is a bill, not a budget resolution. to offer nongermane, extraneous Amy Peck Abraham, Matt Greenwald, Phil The bill before us is a very special amendments to the bill. Karsting, Bruce King, Jim Klumpner, Sander bill. It is called a reconciliation bill. In any event, Members now are fa- Lurie, Daniela Mays, Martin S. Morris, Sue That is significant in the U.S. Senate, miliar enough that they do go ask for Nelson, Jon Rosenwasser, Barry Strumpf, more significant than in the House, be- some assistance before they up and Mitchell S. Warren. cause in the U.S. Senate this proposed offer an amendment to just change this Mr. DOMENICI. In addition, we have bill, this reconciliation bill, is granted reconciliation bill and do things their two others we want to have full access some very powerful immunity from the way. On the other hand, they may offer to the floor. I ask unanimous consent rules of the Senate. The biggest one is them even if they are not germane and the privilege of the floor be granted to the bill cannot be filibustered. So you subject to the Byrd rule, and everybody Austin Smythe and Anne Miller during see right off, when I asked the ques- knows they are apt to be defeated be- the pendency of S. 947 on the day of tion, is it not correct that there are 20 cause it requires 60 votes to concur in Monday, June 23. hours of debate on this bill?—and the their adoption. The PRESIDING OFFICER. Without Parliamentarian answered yes—that is So that is about where we are. Again, objection, it is so ordered. by law. In other words, we came along getting back to where we are, this leg- Mr. DOMENICI. Mr. President, might and said these bills should not be de- islation is the first reconciliation bill I inquire, am I correct in assuming layed. They are part of getting you the that was instructed by that budget res- that Senator ROTH and Senator MOY- budget changes you need, and they de- olution that we talked to the American NIHAN intend to come to the floor early serve a privilege of being immune from people about, in terms of getting to this afternoon with a modification, an filibusters. So the law set down how balance. It was about 2 weeks ago we amendment? much time would be used for debate. adopted that resolution. It told these Mr. LAUTENBERG. We have heard In addition, you will hear throughout eight committees of the U.S. Senate to that Senator MOYNIHAN will be here, as the next 2 days some interesting ver- do some work to change some laws. In will, I assume, Senator ROTH, at about biage. We will talk about amendments a sense, this represents the first leg of 1:30. to the bill. Again, this bill is not an or- a three-legged stool that must be con- Mr. DOMENICI. That might be the dinary bill. Either by the statute that structed to implement the balanced first matter we take up, I understand, created the process or by subsequent budget, and the bipartisan budget since it is the chairman and ranking enactment of the Congress, we have agreement that attended it, that the member. said that it is very difficult to amend Speaker of the House and the majority Mr. LAUTENBERG. That could be this bill. So, essentially almost any- and minority leaders of the Senate very well the case. thing you try to do to this bill that agreed and concurred on on May 15. Mr. DOMENICI. What I would like to changes matters of real substance that I characterize this as the first leg, be- do is make a few opening remarks, are in it are generally subject to a cause that historic agreement, to be yield to my friend and colleague Sen- point of order and require 60 votes, if fully implemented, requires changes ator LAUTENBERG, and see where it the point of order is made on a waiver, both to entitlement spending, that is turns out. to make them germane and thus sub- this first reconciliation bill; changes to Today the Senate begins consider- ject to being added to this bill. our tax laws, that is the second rec- ation of S. 947, the Balanced Budget In the meantime, since that law, we onciliation bill; and then, in due Act of 1997. Some people wonder, when adopted another rule for ourselves. The course, there will be 13 appropriations we had the debate and told the Amer- more we did these the more we found bills that are annual spending of

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6060 CONGRESSIONAL RECORD — SENATE June 23, 1997 money that will have to be kept within reform policies we adopt this week con- et Committee could only bundle the the limits prescribed in this agreement tinue unchanged, we will have reduced eight committees and the language and also will have to provide some pri- Federal spending by nearly $1.1 trillion given to us for this report, and I quote ority items that were agreed to be- over the next 10 years, counting the from the statute, ‘‘without any sub- tween the President and Congress for debt service that we will not have to stantive revision.’’ matters that pertain to crime, edu- make because of reduced borrowing. It falls to the leadership and us in cation, and about 13 different items. Changing the scope of spending meas- the full Senate to attempt, where nec- Some are small, some are large. We ured by the size of a growing economy essary, and to the extent the rules of have to try to put those in their appro- resulting from this balanced budget the Senate permit, to make changes priate place in the appropriations bills. plan, Federal spending will decline that might result in it being made So, I characterize this as the first leg from 20.8 percent in 1996 to 18.9 percent more consistent with the agreement because the historic agreement, to be in 2002. and, I also want to mention, to the ex- fully implemented, requires changes in Frankly, when I started, in 1974, as a tent it is not totally inconsistent in both the entitlement spending and member of the Budget Committee, I some areas. There is one additional op- changes to our tax laws and, also, lim- really was skeptical as to whether we portunity to fix it, and that will be its on the annual appropriations spend- would ever break this 20 or 21 percent when we go to conference with the ing account. of spending versus the gross domestic House. They will be working on their Obviously, it is complex. I do not product. We will be down to 18.9 when bills simultaneous with this, and they know if we could get anywhere near this budget agreement is fully imple- will be off the mark in a few areas. where we are if we did not have these mented. Again, that will be the lowest When we go to conference, we will at- bills, which are privileged, as I indi- level since 1974, and, more important, tempt to reconcile those differences cated, for many of them would go on in 52 percent of the 5-year savings will be and make them as consistent with the debate for 3 or 4 weeks and many of derived from reduced entitlement agreement as possible. them would be so burdened down with growth, particularly through the re- I remind all Senators and their amendments that you would not recog- forms and changes made to Medicare staffs, again, that this bill is on a spe- nize the bill when you finished. So, we and Medicaid Programs and, in par- cial fast track, as I have alluded to. It are ready to take the cumbersome na- ticular, on Medicare, to avoid the is actually the paramount special fast- ture of it all and work as hard as we bankruptcy of that program. track legislation provided for in the can so that by September 1 we have all Funding priority programs will laws and rules of the Senate. So three legs completed and perhaps the achieve balance in 2002, and the agree- amending can be tricky. I have already procedural changes that we must get to ment does assume some directing of indicated that germaneness and not enforce it, which will come along here our limited Federal resources to pri- being extraneous are very important, shortly, and thus be where we ought to ority programs, such as children’s and you can violate those standards be to reconfirm to the public we are on health, assistance to disabled citizens, only with 60 votes. a path to a balanced budget. education, environment, transpor- So over the next 20 hours allowed on Last week these committees of the tation, crimefighting, and inter- this legislation, I anticipate we will Congress completing this bill, this first national affairs. have four broad areas of amendments, leg, were quietly adopting spending Reducing Federal taxes. When we and not all will be germane and prob- limits established in the agreement for complete the second reconciliation bill, ably many will be extraneous, but the upcoming fiscal year. Later in the the agreement will have been achieved nonetheless, we will need to consider, debate on this reconciliation bill, I will to reduce taxes on American families first, as I mentioned earlier, the agree- offer an amendment, hopefully with my and businesses to provide incentives, ment calls for enforcement under the ranking member, Senator LAUTENBERG, savings and investments and to provide strict rules of the reconciliation budget to establish appropriation limits for relief for families with education ex- process. Enforcement could not be con- the next 5 years as required by the penses. sidered in the committee. Any enforce- agreement. I understand Senator LAU- Enforcing the agreement, when we fi- ment legislation similar to 1990 and TENBERG is concerned about one aspect nally complete work this week, will be 1993 will need to be considered on the of that. We will try to work together extended and strengthened because we floor. The joint Budget Committee on that. are going to add to the Budget Enforce- staffs and the administration officials So, before the week is out, the Sen- ment Act of 1990 and give the American have been preparing such an amend- ate, in rapid succession, will have built people assurances—as sure as we can— ment, and other Senators will probably the three legs of the stool necessary to that we will live by these decisions, be- also offer their amendments to enforce carry out the bipartisan agreement cause to break any of these caps over the agreement. which we negotiated over a period, gen- the next 5 years will require a waiver Second, there will be a group of erally now understood to be as long as of this agreement and will require a amendments that may need to be con- 5 months of negotiating. Among those supermajority of 60 votes. sidered to bring legislative language three legs, first the entitlement spend- So, Mr. President, I say to fellow into compliance. I will work with the ing bill is before us today and, I repeat, Senators, in short, this could turn out leadership and the affected committee immediately after it the second leg, to be a very busy and, hopefully, a very chairmen and ranking members to the tax reduction bill, will follow, and successful week. It will be a week in make sure that these amendments are then in due course the appropriations. which the fiscal policy decisions we necessary and consistent with the When completed into law and signed by make will resonate for many years to agreement. the President—and I am hopeful the come. As it relates to the immediate Third, the legislation before us falls two reconciliation bills will be, and I bill before us, I thank the eight com- short of the deficit reduction target as- am hopeful that before September 1 ar- mittees, their chairmen and ranking sumed in the agreement. It may be nec- rives we will have passed all the appro- members, for acting as quickly as they essary to consider some amendment priations bills, thus enabling Govern- did to report to the Budget Committee that would bring the legislation before ment to operate for another year— their legislative pieces which will us into compliance, or modifications to what we will have is we will have set carry out the agreement. the agreement will have to be consid- about to balance the Federal budget by The legislation before us is, in very ered. 2002. large part, consistent with the agree- Finally, the legislation before us in- If that works, and I have no reason to ment. However, in a few areas, the leg- cludes provisions on which the agree- believe it will not, it will be the first islation does not comport with the ment was silent. Some of these in the such accomplishment since 1969. Re- agreement. An argument can be made Medicare area have been controversial, ducing Federal spending compared to that certain provisions are incon- such as means testing of the Medicare current Federal spending projections, sistent with the agreement. Obviously, deductible or gradually increasing the spending will slow by nearly $290 bil- we will work on those over the next 2 age when individuals will be eligible lion over the next 5 years. And if the days. Under the Budget Act, the Budg- for Medicare. I am sure we will have

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 23, 1997 CONGRESSIONAL RECORD — SENATE S6061 some hearty discussions about these ours, in which I guess America boasted But we have a process by which we de- provisions, and there will, obviously, a little bit because we have been lead- termine whether or not something is be amendments to them. ing the way. Countries that were so relevant. So that will be considered as So now, Mr. President, the Senate envied for so many years, like Ger- we go along. business and work lies before us. It is many and Japan, are trying to figure So, Mr. President, I want to just say important work for the country’s fiscal out how we did it and with a tax base once again that I commend the chair- future. After nearly 2 years of debate that enables people certainly to suc- man of the Budget Committee for his with the administration on how to ceed, acquire, in some cases, incredible hard work and cooperative attitude achieve a balanced budget, it is work fortunes, fortunes far larger than we over the past many months. We have that, once completed, I think, will be- ever dreamed possible. spent long days in tight quarters work- come law and will balance the budget. There used to be a time in America ing on this—by the way, no longer It has been way too long in coming. I when if someone was a billionaire, that smoke-filled; that’s out, as we see now look forward to closing a chapter in was a stand-out person. It is not all in- with the tobacco legislation in front of the Senate at the end of this week, per- flation, but today they are counting us. haps as late as Saturday, and imme- billionaires and multibillionaires. Senator DOMENICI is one of the most diately upon return from the Fourth of There is success after success of people competent, serious, hard-working Sen- July recess, to reconcile with the going into the corporate world, from ators in this body. I enjoyed, as I said House our differences and get this com- whence I came, and work a few years earlier, working with him over these pleted as early after the Fourth of July with a company and walk out with $20 past few months. The reconciliation as possible. million, $50 million, some people being bill before us includes provisions that I thank the Chair, and I thank the paid $25 million a year on a regular have been, as the chairman noted, re- Senators for listening. I yield the floor routine. viewed and developed by eight different at this point. It is quite incredible and quite dif- authorizing committees. Our col- Mr. LAUTENBERG addressed the ferent, by the way, than the guy who leagues on those committees deserve Chair. works hard every day and tries to sup- real credit for moving fairly quickly to The PRESIDING OFFICER. The port his family and thinks about where put these pieces together. I commend Chair recognizes the Senator from New he is, whether his kids are going to be them for their hard work. Jersey. able to get an education so they can When I look at the final product, Mr. LAUTENBERG. I thank the move up the economic ladder. He wor- there is much in this legislation to be Chair. I want to say, Mr. President, ries about his old age, ‘‘Will my pen- pleased with. It makes some improve- this is my first year as ranking mem- sion be there when I am ready to re- ments in Medicare solvency and ex- ber on the Budget Committee to proc- tire?’’ ‘‘Will I be able to give a hand to tending the trust fund. It restores some ess the budget resolution, and it has my mother if she falls sick beyond the important benefits to legal immi- been an interesting experience. It is a capacity of the system as it is pres- grants. It includes $3 billion to move fairly complicated process. I had a lot ently designed to take care of her?’’ people from welfare to work. We want of learning to do. I still feel that I am ‘‘Will I be able to continue to live on a that to happen. And it softens the law playing catchup in some areas, but it little plot of land and maintain my that denies food stamps to those who was largely through the good work of home, our home?’’ Or, ‘‘Will my wife try but are unable to find work. Senator DOMENICI that the process and I have to work shifts so that she Despite these positive elements, Mr. moved fairly expeditiously. We work can be home when I am not, and vice President, I have serious concerns well together. The relationship, on a versa, to take care of our kids?″ personal basis, is excellent. We dis- That is the picture we see in America about this legislation in its current agreed without being disagreeable, and today, with all the good results. People form. It is blatantly inconsistent in we completed this arduous task. It has at the top are doing very, very well, parts with the bipartisan budget agree- gone on for several months and I think and people at the bottom are doing ment. Once again, I have to say that probably will be a milestone mark in slightly better but still very worried. we labored long and hard and honestly, the way a budget is developed because The price of a college education, the I believe, in trying to establish agree- of the target that it has, a balanced opportunity for the kind of jobs that ments. They did not always go down budget in the year 2002, 5 years hence. can sustain a family—it is quite dif- easy. Some of these were bitter pills to There will be enormous change as we ferent in the levels of income. swallow. But we inched our way at first go along. So, Mr. President, when we look at a to get there, and finally it evolved into Mr. President, I have to point out bill like this which we will be consid- a consensus that we felt we could live that this comes at a time when things ering very soon, the tax consequences with. are pretty good. Since President Clin- of our deliberation—and we will be run- The bipartisan budget agreement had ton has been in office, we have seen ning into some difficult discussions some problematic provisions that now dramatic changes in our fiscal condi- here, because I know a lot of my col- we are seeing—frankly, I would have to tion. For instance, the annual deficit leagues are worried about tax breaks use the word ‘‘attacked’’—in some came down from $290 billion, in round for those who don’t need them and tax ways. I want to touch on a few exam- terms, in 1992, to an expected $70 bil- opportunities for those who do. ples. lion level for the year 1997. Today, we are talking about the first First, I think this bill does challenge So we have had dramatic declines in of the two reconciliation bills, this one or violate the provision in the budget the deficits. Our unemployment is at a called the spending reconciliation bill. agreement that protects senior citizens low point in decades. America is very Senator DOMENICI went through some with modest incomes from increases in competitive. We are sending out the explanatory statements to let people Medicare premiums. The bipartisan ne- kind of high-valued products that we understand what it is about this arcane gotiators set aside $1.5 billion specifi- like to see being shipped to other coun- system of ours—frankly, it is a mys- cally for this purpose. But the Finance tries, in terms of international com- tery to most and to many even inside Committee has refused to allocate this merce. We have the lowest deficit to this place—about the budget resolu- money. Now, this must be fixed. I un- GDP among all countries of the world, tion, the reconciliation, enforcement, derstand they are considering it even running around 1.5 percent, the envy of and all of the terminology that be- as we speak. almost every nation on this globe. Our comes routine when you are working Second, the bill violates the provi- ratio of taxes to GDP is the lowest of with it every day, and talking about sion in the budget agreement that pro- any nation on the globe. We are talk- germaneness and relevance. Around tects those who have come into our ing about large societies, advanced so- here, relevance, to steal a phrase, when country legally, paid taxes, played by cieties. they talk about beauty in the eyes of the rules, who suffer at a future time We just saw completion of the gath- the beholder, relevance here is in the from a disability, accident, sickness, or ering of the heads of government in eyes of the bellower. That is where otherwise. The budget agreement Denver, eight countries, including often debate comes about—relevance. clearly requires that these innocent

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6062 CONGRESSIONAL RECORD — SENATE June 23, 1997 victims be protected. However, the Fi- the rest to those who are not quite up process of reconciliation and hope that nance Committee has refused to in- to snuff. It would make excessive bur- we will be able to change the changes clude that in their agreement and in- dens for them. It cuts the Medicaid and get on with this bipartisan budget cluded only a temporary restoration of payments. The hospitals also would be agreement that we concluded here on benefits. This, too, must be fixed. curtailed, and they serve a dispropor- the floor not too long ago. Third, the bill fails to provide Med- tionate share of poor and uninsured pa- I yield the floor. icaid coverage for the 30,000 children tients. Mr. DOMENICI addressed the Chair. who are losing SSI benefits under last So, Mr. President, these and other The PRESIDING OFFICER. The year’s welfare bill. This runs counter problematic provisions should not be in Chair recognizes the Senator from New to the goal of ensuring that America’s a reconciliation bill—again, I remind Mexico. children have health care coverage. It you, fast track; this will be done some- Mr. DOMENICI. I just want to thank is another blatant violation of the bi- time tomorrow—that is designed to im- Senator LAUTENBERG for his observa- partisan budget agreement. plement a bipartisan budget agree- tions and his comments. Whatever Mr. President, it is up to the congres- ment. I hope that many of these things words he had to say about me, I appre- sional leadership, not the leadership of can be eliminated before the Senate ciate. the committees, to correct these prob- has to vote on final passage of the leg- I say, I have just an evaluation that lems and to bring the reconciliation islation. is mildly different. I think, considering bill back into compliance with the I want, Mr. President, to caution my the great bulk of things the commit- budget agreement. Senators LOTT and colleagues that they are to get here tees had to do—and, you know, we had DASCHLE have agreed in writing to do with their amendments because the an agreement for the first time that this through bipartisan leadership time continues to pass. As Senator told them they had to do certain amendments. I am confident that this DOMENICI has said, at some point the 20 things; before it was a very vague in- commitment is going to be fulfilled. hours that is allocated for the debate struction—I think they did fairly well. But as I mentioned earlier, Mr. Presi- will be consumed by just wasting time. I mean, I think we can count on the dent, I am concerned about other pro- If that is the case, those who have fingers of our hands—probably even if visions as well in this reconciliation amendments that they care about will we did not have all five fingers, we bill that go beyond the bipartisan be here in the final moments of the could even on less than five—the areas budget agreement. I want to outline time that we have allocated to this de- that they did not comply with. I think some of these. bate and they will not be able to bring they are going to work with us to try First, the bill changes the age for eli- them up. They may be able to intro- to get those done. gibility in Medicare from 65 to 67. Mr. duce them and get a vote on them, but Obviously, there is one that is dif- President, that may be a worthwhile they are not going to be able to discuss ficult that has to do with the radio and subject, but not here, not in this bill. them, they are not going to be able to television spectrum. That is a little There is no legislation to protect the argue the merits. I think that is some- more difficult. The administration told seniors who will be aged 65 and 66 as thing that people ought to pay a lot of us we could get a lot of money and, if they wait for eligibility going from one attention to if they are serious about we did not go that far, it would not place to another. For many companies, the amendments that they are pro- last. It turns out it is very hard to do for many situations, the retirement pe- posing. that. But we are working on that, in a riod is age 65. It is common. I do not So, I plead with our colleagues, get bipartisan fashion also. think it is right to be in here. The over here, get your amendments in. I say to Senator WELLSTONE, you issue was never discussed during the The fact that there will be no votes have been here for a while. Senator negotiations on the budget agreement. today does not have anything to do JUDD GREGG has indicated that it was So while there may be an argument for with the time schedule. If these issues all right with you if he proceeded. considering related proposals as part of are going to be voted upon, these Mr. WELLSTONE. That is correct. a broad review of health care and enti- amendments, that can be done tomor- I just want to ask the managers—it is tlements, this is not something that we row, but the debate will have to be held fine with me if Senator GREGG pro- ought to be doing now on a fast-track before we run out of time. ceeds. It is my understanding that Sen- reconciliation bill. Our senior citizens So I conclude, Mr. President, by say- ator MOYNIHAN will be coming to the deserve more than that, or one day to ing this to my friend and colleague, the floor seeking a modification. be senior citizens. chairman of the Budget Committee, Is that correct? Nor, Mr. President, should we be con- that despite the various controversies Mr. DOMENICI. Yes. He and Senator sidering a fundamental change in the that have pitted our two parties ROTH or somebody. universal nature of the Medicare Pro- against each other, we have managed Mr. WELLSTONE. When do we ex- gram as part of a fast-track bill? This to maintain a spirit of bipartisanship pect them to come to the floor? legislation would introduce means test- in our efforts to balance the budget in Mr. DOMENICI. I thought it was 1:30 ing to Medicare. Again, I realize that the proper way. I believe that we will to 2 o’clock. I think we will have some there are Senators here who support maintain that cooperative approach. time for statements before that if you this proposal. But the long-term impli- But if we are going to do it, many of want to make a statement before that. cations for this move are enormous. these problems will have to be ad- Mr. WELLSTONE. I say to both my They deserve much more thorough de- dressed before this legislation is sent colleagues, I potentially am ready to bate than is possible in this legislation. to President Clinton. I look forward to do an amendment or two. But I would Mr. President, the bill before us also working with Senator DOMENICI and rather wait until after some discus- includes several other provisions that with the leadership on both sides of the sions with other Senators. Also, Sen- go beyond the bipartisan budget agree- aisle to make it happen. ator MOYNIHAN and Senator ROTH will ment that are of concern. Let us get a bill that we can live be here. The bill would increase the financial with, a consensus bill, much in the I thank the Senator for his courtesy. burdens on some of our most vulner- manner that we shook hands on; maybe Mr. DOMENICI. I say to Senator able senior citizens, poor people, people with a grimace or two across the table, GREGG, how much time would you like? impoverished by establishing a new co- but we did it. We arrived at a con- Mr. GREGG. Fifteen minutes. payment for home health visits. sensus. I need not go to such elemen- Mr. DOMENICI. I will yield the Sen- It would authorize medical savings tary teachings to say a consensus real- ator 20 minutes. accounts, a new approach to Medicare ly reflects a give-up by all parties to a I wonder if you could do me a favor. that could, in my view, harm its long- discussion. A consensus is not I win, I am going to sneak out and get some- term viability, harm the viability of you lose; it is we both win a little and thing to eat. Would you manage the the whole Medicare Program, because we both lose a little. That is what we floor for about 15 minutes? it would give people choices outside did to get to where we are. Therefore, Mr. GREGG. Certainly. the system and perhaps would pull out I express some disappointment in the Mr. DOMENICI. I thank the Senator. those who are in good health and leave changes that have been made in the I yield the floor.

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 23, 1997 CONGRESSIONAL RECORD — SENATE S6063 The PRESIDING OFFICER. The Traditional Medicare must then effec- become cost conscious by offering Chair recognizes the Senator from New tively compete for the right for sen- them opportunities to save money in Hampshire for 20 minutes. iors’ health care spending in the mar- the manner in which they buy Medi- Mr. GREGG. First, I rise to congratu- ketplace and the people in the market- care. That is the incentive that truly late the Senator from New Mexico and place who are willing to give other op- moves shoppers, and I believe that the Senator from New Jersey, the tions to seniors. Suppose, for example, Medicare Choice would be a greatly chairman and ranking member of the there are plans that can deliver serv- strengthened reform if we had included Budget Committee, for getting us to ices more effectively and more effi- a cash-rebate incentive. Under my this point where we are in the process ciently than Medicare in a particular original bill, S. 246, every time a senior of voting on and hopefully reaching a region of this Nation. If they can do bought from a less expensive plan, even conclusion on two very important rec- that, then they can offer a more sub- though the benefit package in that onciliation bills which deal with the stantial package of benefits for the plan had to meet the same benefit critical elements of how we manage en- same costs, and, therefore, seniors will package or exceed the benefit package titlement spending and how we manage have an incentive to buy from these of the present Medicare system, if the tax policy here at the Federal level, plans. plan costs less because of competition and which lead, hopefully, to a conclu- Take, for example, if a plan was able and efficiencies within that plan, then sion that we can say with certainty to offer the seniors not only the basic 75 percent of the savings would have that the balanced budget agreement Medicare benefit but also maybe an gone to the individual, and the remain- which was reached has been met and eyeglass benefit or a prescription drug ing 25 percent would have been depos- that we will therefore have a balanced benefit. That option is now going to be ited in the trust fund. Thus, the trust budget which our children can look to available to the seniors. This benefits fund would never lose money due to as a benefit and which we can look to the health of the system because, at such rebates. as a success. the same time, this legislation gains On the contrary, the trust fund would I want to speak specifically about control over the rate of growth of the receive money every time a senior sees two elements of the reconciliation bill per capita spending in the Medicare this incentive to make a cost-conscious which I consider to be important, two Program. So whenever seniors move decision. Unfortunately, this language different bills, the one that deals with into these plans that can offer them a was left out of this bill, and, in fact, the spending, the entitlement bill, and better benefits package, the entire sys- there is some language in this bill the one that deals with tax policy, and tem will save money because the Medi- which undermines the ability to create talk about the Medicare Choice Pro- care system will be spending less incentives in the Medicare system gram, reform program, and the pension money per capita on these seniors than under the Medicare Choice plan. I ex- language within these two bills, be- it would under the traditional Medi- pect I will be offering an amendment to cause I think these bills have made care system. correct this, an amendment to strike giant strides in both these areas to- If they are getting a stronger pack- that section which limits the ability to ward addressing some fundamental age, you might say, how can that be? It offer incentives, because lacking that public policy needs. is called the marketplace, it is called important incentive we cannot, in my I commend Senator ROTH and the Fi- capitalism, it is called what is hap- opinion, create the huge marketplace nance Committee for including these pening in the private sector today, in forces which we need in order to sig- important provisions on both Medicare the health care system generally. But, nificantly control the costs of health and on pension reform. unfortunately, it is not helping Medi- care and to create marketplace forces Earlier this year I introduced S. 246, care, which was designed for a 1960’s within the health care systems. the Choice care bill. It was essentially health care delivery system, which Even considering that, this package similar to legislation that I had intro- simply is not operable in the 1990’s or still offers the incentive to seniors that duced in the last Congress, which was as we go into the year 2000. where their plan can be more efficient, included in the Balanced Budget Act This legislation begins to flatten the they will be offered an enhanced pack- that year, which unfortunately was ve- wide disparity in reimbursement levels age of benefits. That is a significant in- toed by the President. The Medicare that exist between geographic regions centive. While perhaps not as powerful savings achieved in this reconciliation in this country by gradually blending a purchasing incentive as an actual bill represent only a tentative start, over time local and national reim- cash rebate, for example, it is my hope however, toward placing the Medicare bursement rates. If we do this, then we that the prospect of strengthened bene- system on a path toward long-term sol- make spending patterns in Medicare fits will prove a powerful enticement vency. But they are an important more fair and reward those regions of that allows seniors to move more com- start. There are still trillions of dollars the country that have already done fortably into buying Medicare Choice of unfunded Medicare liability await- well in holding down costs. The dis- plans. ing us, and this legislation does not ad- parity between regions is really exces- I am reminded of the old saying that dress it all, but it does get us off on the sive. For example, in some parts of this you begin a trip, a long journey, with right foot. country, like New Hampshire and Or- one small step. Well, this package that I am pleased we have taken this op- egon, and I suspect in Wyoming, where has been brought forth by the Finance portunity to enact some of the struc- the Presiding Officer is from, the costs Committee is a series of small steps. It tural reforms that are key to real sub- of Medicare benefits are significantly has gotten us well into the journey. It stantive Medicare reform and the sta- lower than in areas like Staten Island. has not gotten us to the end, but it has bilization of the Medicare trust funds. In fact, it is lower by almost $500 a gotten us down the road by giving sen- In my Choice care bill and in the provi- month. iors more choices and more opportuni- sions contained in this legislation, sen- It is imperative we include such re- ties in the way they purchase their iors will be able to choose from a large form as a component of the Medicare health care. variety of health care purchasing op- Choice Program because only by doing At the same time that the Finance tions. They can remain in their tradi- so can we be sure that seniors in low- Committee has made significant tional Medicare plan, they could in- cost areas will ultimately have access strides in the area of Medicare by mak- stead buy an HMO, or they could buy to a wide array of benefit packages. As ing Choice care available to them in from a competing medical plan pro- long as reimbursement rates in some the Choice care plan which I intro- vided that it meets the benefit stand- parts of the country are unfairly low, duced, it is also contained in the tax ards of the present Medicare system. it will be difficult to entice plans into resolution which will be coming for- So seniors will have a wide variety of those regions to compete for seniors’ ward later in the week, a significant new and exciting choices. dollars even though the health care incentive to increase retirement sav- When we offer seniors this great benefits in those areas today are being ings. I congratulate, again, and thank array of choices, we benefit not only maintained at a high level. Senator ROTH, the chairman of the Fi- the seniors but the system as a whole I believe we should have increased nance Committee, for including so by bringing it into the marketplace. the incentives available to seniors to many of the ideas and initiatives which

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6064 CONGRESSIONAL RECORD — SENATE June 23, 1997 I was able to participate in pulling to- the tax deductible contributions to critical point because so many of our gether as chairman of the Retirement IRA’s. Our Republican task force en- pension benefits are underfunded. The Task Force. I also want to particularly dorsed the Roth-Breaux legislation capacity of the employer to be able to thank Senator BOB GRAHAM and other that would have completely phased out fully fund the pension benefits at an members of the bipartisan working the income limits so that every Amer- earlier time in the cycle is critical to group for their aggressiveness in pro- ican will be eligible to fully deduct assure people will have a pension when moting pension reform which will pro- their IRA contributions. I believe that they retire. mote savings. Finance Committee Chairman ROTH ex- Some of the technical changes made Some months ago, I was asked by erted every effort to achieve as much by this bill are very significant. This Majority Leader TRENT LOTT to chair as he could in this area, and I am reconciliation bill would exempt State the Republican task force on retire- pleased he included at least a version and local government plans from the ment security, and in that capacity I of the language from the task force cumbersome nondiscrimination rules. worked with Senator ROTH and the rest bill, gradually phasing up the income This was a prime example of how many of the task force to develop a package limits, doubling them by the year 2004. of our pension laws and regulations of proposals introduced a week ago as This will do a tremendous amount to have been unduly complicated. Non- Senate bill S. 883. spur savings in our marketplace and as discrimination rules were not created I will not use this time here to de- people head toward retirement. to apply to Government plans, where it scribe again the dire circumstances of This budget reconciliation package is difficult to find exactly who the em- this Nation with respect to retirement also includes the backloaded IRA, an ployer is and thus to compare employer savings. When we introduced S. 883, we important new option in retirement and employee benefits. This type of detailed the vast gap between our Na- savings in which the contributions are commonsense change will make it easi- tion’s retirement income and the inad- not tax deductible and the tax advan- er for States and local governments to equate amount of funding we are cur- tages come up upon withdrawal. This plan for functions around the country. rently putting aside to meet those re- expands the capacity of individuals to Another task force-endorsed reform tirement needs. Approximately $7 tril- take advantage of retirement incen- picked up by the reconciliation bill lion of unfunded liability sits in our tives in a way that works best for will do much to help small business. different retirement accounts. I am them. It also limits the revenue loss in Until now, the matching contributions very pleased to note that no fewer than the short term from IRA expansion, be- made by the self-employed were treat- 13 of the provisions, 13 of the provisions cause the contributions today will be ed differently under tax law than the of S. 883 have been included in some taxed when they are made. I know matching contributions made by em- form in this budget reconciliation many individuals will wish to use this ployers. By straightening out the dis- package. While many of them are small alternative backloaded-IRA structure, crepancy, we will remove another ob- or technical corrections without sig- and thus this will be an important in- stacle from among the many that deter nificant revenue impacts, enacting centive for additional long-term sav- small business owners from providing these reforms will do much to improve ings. pension coverage. As we all know, the prospects for expanding pension Mr. President, one thing we must do small business is where we most need coverage and retirement savings. as a nation is simply make it easier to increase participation in pension Because time is limited, let me list and more convenient for people to save. plans. only a few of the reforms that have The fact is that if we do not do this, we There is not time, Mr. President, to come to be included in this package as a nation are going to face bank- discuss every reform that was inserted which I think are positive for encour- ruptcy as a result of the costs of our into this reconciliation bill in the pen- aging people to save for their retire- pension systems as the postwar baby- sion area. But I am pleased that this ment. bill draws from reform initiatives in a This budget reconciliation package boom generation fully retires in the includes the first title of the WISE bill, year 2010 and beyond. One reason why variety of areas. In the area of port- S. 260. This part of the WISE bill—the the thrift savings plan worked so well ability—I am talking now about the WISE bill being a bill directed at giv- for Federal employees is that it has the tax bill coming to us after we complete ing more equity to women in the area feature of automatic deduction from the bill on spending—this bill will add of being able to save for their retire- one’s payroll, automatic investment, extra protection to defined benefit ment—strengthens the homemaker automatic savings. I am pleased that plans that accept rollovers, protecting IRA. I, personally, have placed a higher the Finance Committee has also in- them from disqualification if they do priority on this provision than on any cluded the provision to allow for auto- facilitate that kind of portability. other of our task force savings initia- matic payroll deductions into IRA ac- Moreover, the bill includes a few provi- tives, so I am particularly pleased to counts. This will also stimulate addi- sions that will streamline the paper- see it was included. This provision re- tional retirement savings simply by work process. The bill will facilitate ceived the active support of a bipar- making IRA investment easier. the use of new technologies to replace tisan group of Senators, including, I am also pleased this reconciliation old paperwork filing, and also elimi- most notably, Senator CAROL package recognizes we must continue nate some paperwork requirements MOSELEY-BRAUN from the other side of to do more to stimulate retirement that should no longer be required. Fi- the aisle. savings not only through individual nally, various technical inconsistencies This provision, Mr. President, will savings but also through employer-pro- within the law will be eliminated if we sever the link between the home- vided pensions. I have long been trou- retain those provisions in conference. maker’s ability to make a fully tax de- bled by the limitations that have been Let me close by thanking Chairman ductible contribution to IRA and allow placed on employer funding of future ROTH for his extraordinary effort and her to make that contribution whether pension liabilities. Employers must for his willingness to include so many or not her husband or her spouse who is fund these liabilities sooner or later, provisions to promote pension reform in the workplace has a pension plan. and it is good policy to put more of the and Medicare Choice in both reconcili- This is an important provision not only funding upfront to allow that funding ation bills, as well as several other Fi- because it will stimulate additional to be invested and to use the nance Committee Senators, including savings but because it will enable compounding interest to increase the Senators BOB GRAHAM, CHUCK GRASS- homemakers, especially women, to investment and to assure an adequate LEY, ORRIN HATCH, JIM JEFFORDS, and generate additional savings in their amount of funds when people retire. others. Although I am not on the Fi- own name. It is about time we do that. The reconciliation package picks up nance Committee, I was certainly I especially want to congratulate, of most of the provisions authored by the pleased to be able to work with this course, Senator ROTH, the chairman of task force to raise the limits on full group to advance efforts to increase re- the Finance Committee, who has been funding by 5 percent every 2 years. I tirement savings. Savings incentives a tireless advocate for this idea. believe that our Nation’s workers will are an effective and important use of This reconciliation bill also will be more secure by their pension bene- tax relief—one of the very best things gradually raise the income limits on fits being funded more fully. This is a that we can do with our opportunity

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 23, 1997 CONGRESSIONAL RECORD — SENATE S6065 this year to relieve the tax burden on Mr. DOMENICI. Would the Senator So seniors lose nothing in the defini- American taxpayers. I do hope and ex- be agreeable at a later date, in the tion of the size or nature of their bene- pect that we can retain these critical stacking process, to rearrange the fits package. And it must equal the provisions in these two bills. order of his amendment if the Com- benefits package in the area of quality Now let me express one area that I mittee on Finance wants to have an so that seniors lose nothing in the area have concern about, and that is the amendment before it? of quality of their health care. area of how we handle the Medicaid ex- Mr. GREGG. Absolutely. I would What they get is a marketplace pansion, or the new program for the agree to a unanimous consent to place which will come forward and compete purposes of assisting child health. I my amendment behind whatever for the seniors’ health care. What does have read the bill. I understand that amendments are offered by the chair- that do? Well, as we have seen in the States have the right to choose be- man and ranking members of the com- private sector, that will give the sen- tween a capped grants program and the mittee. iors a whole new variety of choices, a expansion of the Medicaid Program. It Mr. DOMENICI. Would the Senator whole new panoply of choices, from is not, however, clear to me what the also agree that it can be sequenced in which to choose the health care pro- requirements are relative to coverage, a manner that helps the manager work vider group that they want to give and how demanding the Federal Gov- this bill through? It won’t take a long them Medicare. ernment is going to be on each State as time. But it may be second or third. They may get options coming at to how and what must be covered on Mr. GREGG. As long as it is not them which say, ‘‘Here, we are going to each child. I would have serious res- eliminated. give you the basic Medicare package, Mr. DOMENICI. Right. but we are going to also throw in eye- ervations if we have created a new en- The PRESIDING OFFICER. The Sen- glass care. We are also going to throw titlement program. This would be a ator from New Hampshire. mistake, at a time when we are trying Mr. GREGG. Mr. President, it is my in pharmaceutical care. It is not going to control the rate of growth of the intention to shortly offer an amend- to cost you any more, but we will put Federal Government and growth of the ment which is technical in nature but that in to try to attract you to our most explosive side of the Federal Gov- goes to one of the philosophies of the supplier of health care, to our HMO, to ernment, the entitlement accounts of Choice care issue. The Choice care, as our PPO.’’ So seniors are going to get more this Government; it would be a serious presented in this bill which is an excel- choices. Under this benefits structure, error for us to embark on a new enti- lent step forward in trying to make the tlement program. Medicare system more viable, efficient, as put forward in the reconciliation It is not clear to me, after having and most importantly more effective bill, new benefits can be added on top read this, whether or not we have done for our senior citizens, is a concept of the benefits that are supplied by the that. It is clear to me that there was where seniors are going to be given an basic Medicare plan. That is a given. an intention not to do that. At least, in opportunity to go out in the market- That is an incentive that can be put in. the language of the bill, and in the ex- place and choose between the variety But what is not allowed under this planation of the bill, statements were of different care providers. package, or what is specifically dis- made that it was not the intention of Today under the Medicare system, allowed, is the concept that a senior the committee to move down the road basically seniors are limited to the tra- could pay less for the same benefit of a new entitlement program. Whether ditional Medicare and to a very limited package. or not the operable language in fact HMO option. The traditional Medicare, You have to remember here that creates such an event, demanding that of course, is a 1960’s program designed what you are dealing with is the mar- certain action be taken, that certain to meet a 1950’s medical system struc- ket system. So it is more than likely— expenditures be made and not funding ture. It is not current or effective for in fact, it is expected—that a variety of those, or creating a situation where today. It is a cost-plus system, for all health care providers, as a result of people can come in and demand those intents and purposes. It is extraor- being efficient, as a result of cost-sav- expenditures in a way that creates an dinarily inefficient, and it does not ing structures which they put in place, entitlement or a mandatory program is allow very much flexibility in the mar- are going to be able to supply the not absolutely clear. As we go forward ketplace. health care basic benefits structure of with this debate, I hope we will get The pre-Medicare system, as is struc- the Medicare system to a senior citizen clarification on this point. Should it tured today for the delivery of its dif- for less than what it costs today. turn out that this is a new entitlement ferent options to seniors, is like driv- For example, we pay out $4,800 a year program, I hope we will change that, ing a 1961 Chevrolet down a highway in for health care benefit. Insurance pays either here on the floor or in con- 1997 with the understanding that you about $4,800 a year for insurance for ference, so that the intent of the lan- are going to have to go into the year seniors. That is a very high price, by guage is clear, which is to create a 2000 still driving a 1961 car. Everything the way. It is very likely that you are grant program to benefit children and on the car has been replaced. Very lit- going to see provider groups come for- their health needs. tle of it works. It is blowing out a lot ward at $4,300 a year. There is going to Mr. President, I yield the floor. of smoke. It is chugging along at 45 be a $500 saving in that provider group. I suggest the absence of a quorum. miles an hour top speed. It simply isn’t Under this bill, the way the provider The PRESIDING OFFICER. The working correctly. group adjusts for that is they must put clerk will call the roll. So, in order to try to redress that, more benefits into the package. That is The assistant legislative clerk pro- the committee has put in place a very the only option they have. They have ceeded to call the roll. creative initiative in the area of Choice to put in eyeglasses. They have to put Mr. GREGG. Mr. President, I ask care, which essentially says that sen- in drug benefits. That is a reasonable unanimous consent that the order for iors are now going to have the ability approach. Yes; to give the senior more the quorum call be rescinded. to go out in the marketplace and options at the same price for more The PRESIDING OFFICER. Without choose between a variety of different health care types of health care. But objection, it is so ordered. health care providers. That variety of another option, of course, would be Mr. GREGG. Mr. President, is the health care providers could involve an let’s sell it to the senior for less. That time being controlled? HMO. It could involve a PPO where a is probably going to happen, too. You The PRESIDING OFFICER. Yes. The group of physicians get together. It can are going to probably see some health Senator would need time yielded to be called a PSO, again, a group of phy- care providers give the same package him to speak, but could offer an sicians getting together. Or it could in- of options but be able to give it at less amendment that would then be debated volve some new way, I suspect, where than $4,800. Under this bill as it is pres- for 2 hours equally divided. hospital and doctors and somebody else ently structured, if that were to occur, Mr. DOMENICI. How much time designs a new way of delivering serv- the health care provider would get all would the Senator need? ices. But the services they deliver must the savings. There would not be any in- Mr. GREGG. I would need about 15 equal the benefits package which is centive for the health care provider to minutes. presently under the Medicare system. turn some of that savings back to the

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6066 CONGRESSIONAL RECORD — SENATE June 23, 1997 Government or back to the senior cit- That is the whole concept of Choice the late 1980’s and early 1990’s. A vari- izen. care. But if you take out of Choice care ety of health care providers were made In the original Choice care plan that any financial incentive to save, if you available to them, where HMO’s be- I drafted—I do not say this to try to be say to seniors: Your only incentive to came commonplace in the private sec- too expansive about my own efforts—I purchase another plan may be addi- tor and in the marketplace. These folks believe was essentially one of the cores tional benefits, which they may not are going to be familiar with the con- from which this plan was put together, need, then you have reduced dramati- cept of a PPO, PSO, or HMO as a pro- which is in the reconciliation bill. In cally the marketplace forces. If you vider group, so they are going to be my original health care plan, I had lan- take out of the system any incentive comfortable with going out and shop- guage which said, if a senior is able to for the provider group to rebate those ping around. purchase their health care—the same savings, then you have created an at- If we create a disincentive for them package, the same benefit structure— mosphere where provider groups may to do that by saying, well, if you shop from a health care provider, that generate savings, but they will keep around, you do not get any of the bene- health care provider cannot use that them themselves. In that way, I think fits of shopping around other than for selection. They cannot try to pick you skew the marketplace because in some higher benefit package which you and choose seniors. It must take all an open market when somebody is able may not want to begin with, then we comers. If a senior is able to find a to sell a product for less, they pass the will be undermining a culture which al- health care provider who is willing to benefit of that lower cost on to the ready exists. We will be saying to peo- charge less—and the quality must be consumer, and that is what we are try- ple who are coming out of the private maintained under the standards we ing to do in the language of the origi- sector, having been used to shopping have here—then the senior, rather than nal bill—pass the benefit of the lower around—maybe they were in a cafe- having only the option of getting more cost of health care on to the consumer. teria program where they actually got benefits, would also have the option of So in order to address that, without a refund of some of the costs of the getting a return on the lower cost pre- putting in place the incentive system lower cost health insurance since they mium. that I design in my bill—we are not purchased it. We are going to be saying So, if you paid $4,800 for seniors’ suggesting that that incentive system to those people, when you get into the health care but you could purchase should go in as I designed it. We are public system, it is basically a cost- health care at say $4,300, there would just suggesting there should be the op- plus system and you are not going to be a $500 savings annually. We would portunity for HCFA and for the regu- be able to get any of benefits of the take that $500 savings. And the health latory agencies to be able to look at in- thoughtful purchase of lower priced care provider could as an option, rather centive systems and not be barred from health care in relationship to your than buying eyeglass care for the sen- looking at incentive systems, cash in- needs or in relationship to a one-size- ior or buying health prescription drugs centive systems, monetary incentive fits-all package. for a senior, could say to the senior, systems. In order to allow that to So I do believe that to leave this lan- ‘‘We are going to turn that $500 back to occur, we need to remove this lan- guage in not only undermines one of you.’’ If the health care provider de- guage. In order to make this Choice the options that might make Choice cided to do that, then the senior, under care more effective, a potentially more care much more effective, but it under- my original bill, would get to keep 75 dynamic force to create more of a mar- mines the natural, inherent attitude percent of that and 25 percent goes ketplace event where seniors are actu- that is going to be coming with this back to the Federal Treasury. ally out there thinking, hey, I intend new generation of people who receive That was the plan of the original bill. to look around and see how much I can funds from Choice care, who partici- This language of this bill says a buy insurance for, and one of the rea- pate in Medicare, and who have been Medicare Choice organization is not sons I am looking around is while I brought up in a marketplace where authorized to provide cash or other might get better benefits, the second Choice care is the typical type of monetary repayments as an induce- reason I am looking around is I may health care approach. ment for enrollment. That makes it get it at less cost—in order to create AMENDMENT NO. 426 impossible for an incentive system to that type of market dynamic, which is So, in light of that explanation, Mr. be put in place. Markets work on in- absolutely critical if you are going to President, which I know the Presiding centives, not only benefit incentives have Choice care work effectively, you Officer was closely following, which I but money incentives. cannot have language which says under very much appreciate, I would send the Thus, I believe that subject to the no circumstances, even if HCFA were amendment to the desk. limitations of what HCFA will put on to find that it would work, can you in The PRESIDING OFFICER (Mr. the provider, subject to the limitations any way create an incentive system COATS). The clerk will report the that it has to be a quality system, sub- that involves monetary consideration. amendment. ject to the limitations that it has to be So this language, I believe, is coun- The legislative clerk read as follows: a system which meets a health care in- terproductive to the basic goal of The Senator from New Hampshire [Mr. surance plan that meets the basic Choice care. I think it should be noted GREGG] proposes an amendment numbered Medicare requirements of what must be as an aside here also that the concept 426. covered, subject to the fact there can- of Choice care is to make seniors more Mr. GREGG. Mr. President, I ask not be adverse selection, there is no cost-conscious purchasers, but in doing unanimous consent that reading of the disincentive, no downside to creating a that you have to remember that, yes, amendment be dispensed with. marketplace in force beyond added those seniors who are on the system The PRESIDING OFFICER. Without benefits of added cash, of the potential today probably are not going to objection, it is so ordered. of refunding cash. change. They probably are not going to The amendment is as follows: So, basically, I think this language is change their health care system. They On page 213 strike all of (d) and insert the counterproductive to the basic goal of have been there. They have been in the following: Choice care, which is to create market system. They came out of the 1950’s ‘‘(d) TERMS AND CONDITIONS OF IMPOSING forces not only on behalf of the pro- and 1960’s when they had a sole care PREMIUMS.—Each Medicare Choice organiza- tion shall permit the payment of net month- vider groups but within the senior com- provider. They are used to less health ly premiums on a monthly basis and may munity to go out and be cost-conscious care. That is the way they are brought terminate election of individuals for a Medi- purchasers. The whole idea of Choice up, most of the seniors on the system care Choice plan for failure to make pre- care is to give seniors more options to today. So we are not really targeting mium payments only in accordance with sec- choose from and create a more efficient the Choice care concept at that group. tion 1851(g)(3)(B)(i).’’ marketplace, which will in turn create What we are targeting the Choice care Mr. GREGG. Mr. President, I make a a lower cost of health care for the basic concept at is the next generation of point of order that a quorum is not benefits package of Medicare, or at seniors coming into the system, that present. least slow the rate of growth of the generation which has already been The PRESIDING OFFICER. The cost of that health care package. through the health care explosion of clerk will call the roll.

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 23, 1997 CONGRESSIONAL RECORD — SENATE S6067 The legislative clerk proceeded to Mr. ROTH. Mr. President, I am balance that protects our most vulner- call the roll. pleased by the work and cooperation able populations while addressing nec- Mr. GREGG. Mr. President, I ask that was exhibited last week in the essary reforms in important entitle- unanimous consent that the order for Senate Finance Committee. It was an ment programs. the quorum call be rescinded. encouraging display of bipartisanship— Let me give some specifics. The larg- The PRESIDING OFFICER. Without both sides of the aisle working to- est program we concerned ourselves objection, it is so ordered. gether to craft a proposal that meets with was, of course, Medicare. Much Mr. GREGG. Mr. President, I ask the guidelines of the budget agreement has been written and said about the fu- unanimous consent that no second de- and achieves needed reforms in spend- ture of this program and the need to gree amendments be in order relative ing programs while protecting Amer- strengthen it for the long term. We did to the amendment which I just offered. ica’s vulnerable. this. We took a critical first step to- The PRESIDING OFFICER. Is there Out of this tremendous effort that wards addressing the long-term sol- objection? Without objection, it is so went into the Finance Committee vency of the Medicare Program while ordered. markup of the budget came two dis- at the same time making certain that Mr. GREGG. I yield the floor and tinct themes that we would do well to the program meets the needs and ex- make a point of order that a quorum is keep in mind as we take this issue up pectations of its current beneficiaries. not present. to the floor. First, that the time has The changes we made in Medicare ac- The PRESIDING OFFICER. The come, as President Clinton expressed in tually allow us to expand Medicare clerk will call the roll. an earlier State of the Union Address, coverage for certain important preven- The legislative clerk proceeded to to end big Government as we know it. tive services including mammography, call the roll. This is no longer an objective held by colorectal screening, bone mass meas- Mr. DOMENICI. Mr. President, I ask one side of the aisle over the other. It urement and diabetes self-manage- unanimous consent that the order for is a necessity. ment. We are able to offer this ex- the quorum call be rescinded. We are blessed with the greatest Na- panded coverage and protect and pre- The PRESIDING OFFICER. Without tion on Earth. We have the most pro- serve Medicare by incorporating choice objection, it is so ordered. ductive citizens, the finest resources and competition into the current pro- AMENDMENT NO. 426, AS MODIFIED and materials, and we have the inge- gram, and by slowing Medicare’s rate Mr. DOMENICI. Mr. President, I un- nuity and spirit of enterprise. We real- of spending growth. Our measures will derstand that the unanimous consent ize, however, that our resources are fi- save Medicare from bankruptcy for an- request Senator GREGG proposed with nite and Government’s role is limited. other 10 years, while still increasing reference to his amendment is tech- Yet, we are willing, on both sides of the Medicare spending per beneficiary from nically insufficient to accomplish the aisle, to make certain that Govern- $5,450 this year to $6,950 in the year purposes that we intended when we ment efficiently and effectively pro- 2002. concurred, and so in lieu thereof I ask vides for those with whom Government In expanding choice in the Medicare unanimous consent that with respect has a contractual or moral obligation Program, we have used the highly suc- to amendment 426 no amendments be to provide. Medicare is contractual. cessful Federal Employees Health Ben- in order to the amendment or the lan- Medicaid, when it serves the most vul- efit Program as a model. Under our guage proposed to be stricken and the nerable, particularly America’s chil- new Medicare Choice Program, seniors amendment be modified to reflect a dren, is moral. And these feelings are will have the opportunity to choose straight strike of all after (i) through shared mutually by Republicans on the from a variety of private health plan line 16. committee as well as Democrats. This options and select the health care plan The PRESIDING OFFICER. Is there became obviously clear last week. that best suits their needs and pref- objection? Second, we demonstrated the power erences. These choices will include the Mr. GREGG. Reserving the right to of bipartisanship. I can safely say that whole range of health plan options object. no one, but no one, on the Finance available to the under-65 population— The PRESIDING OFFICER. The Sen- Committee got everything he or she fee-for-service, varieties of managed ator from New Hampshire. wanted. No one was completely satis- care, and medical savings accounts. Mr. GREGG. I would like to ask for fied with everything, as it is a com- Through these options, seniors will be the yeas and nays on the amendment. promise between differing political phi- able to obtain important benefits, like The PRESIDING OFFICER. First the losophies and between deeply held prescription drugs, that are not cov- Chair would ask, is there objection to views. So while what we have passed ered by traditional Medicare. the unanimous consent request of the and addressed on the floor today is not It is clear to see how these common- Senator from New Mexico to modify the budget package that any of us sense and, again, I want to say, these the amendment? would have drafted, it represents a bipartisan solutions will preserve and Without objection, it is so ordered. major step forward, a step forward strengthen the program. We were not The amendment, as modified, is as that, through balancing the budget, content to stop there. The Finance follows: can help assure continued growth, jobs Committee proposal calls for a Na- On page 213, line 13, strike beginning with and opportunity. tional Bipartisan Commission on the ‘‘A Medicare’’ through the period on line 16. As we worked on the committee to Future of Medicare. This will be a 15- Mr. GREGG. Mr. President, I ask for report out this budget, I was led by two member commission, established for 1 the yeas and nays. primary goals. First, to implement the year, charged with making rec- The PRESIDING OFFICER. The yeas budget agreement in such a manner ommendations to Congress on actions and nays have been requested. Is there that we not only balance the budget necessary to ensure the long-term fis- a sufficient second? There is a suffi- but that we do so in a manner that pre- cal health of the Medicare Program, cient second. serves and strengthens the programs something of great concern to the The yeas and nays were ordered. impacted. As I said during the com- ranking member, PAT MOYNIHAN, and Mr. MOYNIHAN. Mr. President, I mittee markup, ‘‘It is not enough to re- myself. suggest the absence of a quorum. duce the cost of such critical programs The Finance Committee report also The PRESIDING OFFICER. The as Medicare and Medicaid, but it must creates a demonstration project within clerk will call the roll. be done in a way that provides better the Medicare Program for medical sav- The legislative clerk proceeded to service to beneficiaries of these pro- ings accounts. This demonstration call the roll. grams.’’ project will allow up to 100,000 Medi- Mr. ROTH. Mr. President, I ask unan- My second objective was to imple- care beneficiaries to opt into an MSA imous consent that the order for the ment the budget agreement in a man- program, a program that will allow quorum call be rescinded. ner that assured bipartisan support for them to choose a high-deductible Medi- The PRESIDING OFFICER. Without the program. I believe we have accom- care Choice plan. objection, it is so ordered. The Senator plished both of these. What we offer These changes to Medicare will result from Delaware is recognized. today is a workable balance, a critical in a net savings of $115 billion, savings

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6068 CONGRESSIONAL RECORD — SENATE June 23, 1997 that will not only help us meet the been used to increase the costs of the capita caps. The savings target has budget compromise but savings and re- program, rather than control costs. been reduced, but the potential reforms forms that will preserve the Medicare The Governors and the administra- for achieving these savings are also Program while ensuring that it con- tion agree on the repeal of this provi- limited. tinues to serve those who depend on it sion. It will take the providers and the I believe there is general agreement now. Again, these important reforms States out of the Federal courts and that through the DSH Program, the were made possible only through sin- put them back at the contract negoti- use of DSH payments had been ex- cere bipartisan efforts, and it is my ating table. panded well beyond the original intent. hope that such bipartisanship will con- As we repeal the Boren amendment, The DSH formula has been developed tinue as we address these reforms on we must be very careful that we do not with consultation and in bipartisan co- the floor. simply create a new round of lawsuits operation. The formula has been care- Such bipartisanship also marks our over what Congress means in terms of fully designed, based on past problems treatment of Medicaid. Working to- Medicaid payments to facilities. in this program and with input from gether, we passed reforms that will Another major provision of our plan Members. control the growth of the program, re- to control the growth of Medicaid is Concerning the steps which we take sulting in a net savings of over $13 bil- the reduction in spending on the Dis- in this package to address children’s lion. For more than a decade, there has proportionate Share Hospital Program. health, let me begin by saying that we been a constant tug of war between the This DSH Program provides funding for all share the same goal of increasing Federal Government and the States indigent individuals who are not en- access to health care for as many chil- over Medicaid, as each side has as- rolled in Medicaid. Under current law, dren as we can. And it is clear that serted its will over the other. From the DSH spending is projected to increase Members on both sides of the aisle are mid-1980’s through the early 1990’s, the from $10.3 billion in fiscal year 1998, to committed to finding an answer to the Federal Government imposed mandates $13.6 billion in 2002. In 1990, Federal and problem of uninsured children in this on the States and, in turn, the States State DSH spending combined totaled country. shifted costs to the Federal Govern- less than $1 billion, and in 1995, Federal Of the 71 million children in the ment. The result was devastating to all and State DSH payments totaled near- United States, more than 86 percent of our budgets as Medicaid routinely ly $19 billion. are covered by some type of health in- surance; two-thirds are covered by in- grew at a double-digit pace, reaching as Without reform, Federal DSH pay- surance through the private sector; 23 high as a 29-percent increase in 1992. ments alone will total nearly $60 bil- percent of all children in the United This Finance Committee proposal sig- lion over the next 5 years, and we need States under age 18 are covered by nals an important change in the pro- to exert some discipline in this pro- Medicaid, and another 3 percent are gram. gram. Having said this, let me be clear. We This bill reforms the DSH Program covered by other public insurance pro- are not cutting Medicaid. Under this through a combination of controls. grams. Of the 9.8 million children who are proposal, Medicaid spending will con- First, a State which spends less than not insured, 2.9 million children live in tinue to grow. The Federal commit- 3 percent of its Medicaid Program on families with incomes above 200 per- ment to Medicaid will grow from $99 DSH will be frozen at its 1995 level. For cent of the Federal poverty level. Half these States, there will be no reduc- billion in fiscal year 1997 to $140 billion of these children live in families with in 2002. The President originally pro- tion, but also no growth. Second, beginning in 1999, high-DSH incomes of about 300 percent of the posed $22 billion in savings in the Med- Federal poverty level. Mr. President, icaid Program. We achieved approxi- States and low-DSH States will be re- duced from their 1995 actual spending 300 percent of the poverty level is over mately $14 billion in savings. $48,000 for a family of four. This tells us The first part of our Medicaid reform levels. A high-DSH State or a State that insurance coverage is more than is to give the Governors the tools they that spends more than 12 percent of its an issue of family income. It is, in fact, need to control this program. This will Medicaid dollars on indigent hospital a complex issue which does not yield be able to move more individuals into costs will be reduced from its 1995 easy to Washington-knows-best solu- managed care without waiting years spending levels for inpatient hospitals only. It will not be allowed to count tions. for waivers from the Federal Govern- The proposal we offer today provides spending on institutes for mental dis- ment. They will be able to contract the States with a choice concerning eases. These high-DSH States will be with selected providers for service. The how they will expand coverage to more reduced from 1995 spending by 14 per- States will be able to ask families to children. They can expand their Med- take some responsibility for the deci- cent in 1999 and by 20 percent in the icaid coverage, or they can offer a sions they make when seeking health years thereafter. package of benefits which is actuari- Low-DSH States are those that spend care services. ally equivalent to the Federal Employ- In short, our plan gives the States less than 12 percent, but more than 3 ees Health Benefits Program. many of the same tools that the pri- percent of the Medicaid dollars will be Our intention is to build on the suc- vate sector has in stretching health reduced from their 1995 spending by 2 cesses the States have been realizing. care dollars. The fact is, health care as percent in 1999. In the year 2000, they This year, the States will be increasing a whole has changed, and the Medicaid will be reduced 5 percent from the 1995 coverage to more than 800,000 children Program needs to catch up. Our pro- level. In 2001, the reduction will be 10 through initiatives proposed by the posal gives the States the tools nec- percent, and in 2002, it will be 15 per- Governors. essary to act as many large employers cent. We should learn from these initia- do, to get the greatest value for Med- As I mentioned, our proposal places tives and encourage the States to de- icaid dollars. So we are taking the im- restrictions on the States’ ability to velop them. This proposal will allow portant next step to move both the fund their State mental health facili- the States to choose how best to ex- States and the Federal Government ties with Federal funds. Over the past tend coverage to children. out of the waiver process. few years, the States have shifted the Expanding Medicaid is certainly a But we also want to ensure that as cost of these facilities to the Federal choice States have made. Thirty-nine the old program requirements are re- Government. As you check with your States have expanded Medicaid eligi- placed, quality is still assured. As I State, many will find huge increases in bility for pregnant women and children have said, in addressing the Medicaid Federal costs associated with these fa- beyond the Federal requirement, but Program, we also provided many of the cilities. It is time to close this loop- States are also developing other strate- reforms requested by the bipartisan hole. gies for increasing coverage of children National Governors’ Association. These Let me say that the President pro- as well. There are already public-pri- include repealing the Boren amend- posed $22 billion in savings from the vate partnerships in more than half the ment provision. The history of the Medicaid Program. Two-thirds of these States. Boren amendment is a classic example savings were to be realized out of the There are successful programs, such of unintended consequences as it has DSH Program and one-third from per as New York’s Child Health Plus and

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 23, 1997 CONGRESSIONAL RECORD — SENATE S6069 Florida’s Healthy Kids. These innova- least 10 years, while introducing struc- time when medicine was just on the tive programs, and programs like tural reform to give beneficiaries more verge of a great shift in its capacity, them, can grow with additional re- choice among competing health plans. its ability to cure, to treat, to heal. sources. Our goal is to give the Medicare ben- Fee for service was the only form of The Children’s Health Initiative that eficiary the same choices that Federal medicine available to most persons, we include in our committee proposal employees have within our Federal not otherwise known, and Medicaid is a bold new approach to support the health program, including the tradi- was thought to be a very minor aside. States in the drive to provide coverage tional fee-for-service, and this is an ex- We reached a point where health for more of our Nation’s children. As I cellent beginning. care, partly because we have so much have said, the States will be given a We were able to produce such a better health care, became hugely ex- choice to expand coverage through the strong bipartisan package because of pensive. The chairman noted that in existing Medicaid Program or through the spirit of cooperation shared by 1992, Medicaid grew by 29 percent. a new initiative in which they can sub- members of the Finance Committee. Mr. President, that means it doubles sidize private programs for children or Views were solicited actively, from all every 3 years, or more accurately, dou- provide a new benefit package which is members of the Finance Committee. bles every 30 months. You cannot sus- actuarially equivalent to what Federal They were asked to submit in writing tain that. We are therefore profoundly employees receive. the recommendations as to how the reforming the system, not so much re- Under either choice, the Federal Gov- budget agreement should be imple- turning it to an earlier good state, as ernment will provide the same match- mented, and their ideas were incor- bringing it forward to deal with the ing rates to the States. A State would porated in the initial chairman’s mark. present realities and possibilities of- pay the same rate as it does currently Informal meetings were then held to fered by managed care and the general in the Medicaid Program. We recognize seek the further advice and rec- change in medicine of recent years. this may not be enough to encourage ommendations from Members. These, I say again, before there was agree- States to participate. Therefore, under in turn, were incorporated into the pro- ment in these matters, we could have this proposal, the Federal Government posal we address today. had a markup in our committee that would send to the States an additional As chairman of the Finance Com- went on for 3 months, we could have incentive bonus for each child who is mittee, I say with certainty that this had rallies, speeches, petitions, filibus- covered in this new initiative. We call proposal has substantial support on ters, heavens knows what, because this an enhanced match. The State will both sides of the political aisle and it there was not in fact agreement. When receive a 10-percent bonus for each new is, again, my sincere hope that the agreement is arrived at, when there is child they cover and 5 percent for a spirit of bipartisanship that existed consensus, the most extraordinary child who is already covered under a within our committee will prevail as changes can take place in a seemingly State health program for children. we move forward. I hope the objectives everyday manner, without a voice These bonuses will be provided for chil- that guided us will remain those that raised or a single dissent. This is also dren who are receiving health care cov- carry us through the next few days as particularly owed to the work of the erage from the State that is beyond we consider this budget. I particularly Senator from Texas, who chairs the Federal Government requirements for express my sincere appreciation to Subcommittee on Health, as the chair- Medicaid. Senator MOYNIHAN for his leadership in man observed, and whom I am happy to A critical component of this agree- this monumental effort, as well as my note is here on the floor. He found that ment is what type of health insurance appreciation to all the members of the agreement and he put it in place. coverage is provided. Let me stress committee who reported this proposal There are other things in the legisla- that this truly is insurance. A State out of the Finance Committee unani- tion. I do want to note that we have would be required to provide either its mously. Senator GRAMM provided in- added $8 billion for child health care in current Medicaid benefits package or valuable leadership on the Medicare the form of insurance, for a total in the one which is equal to what the children Subcommittee, and I thank all the two reconciliation bills of $24 billion. I of Federal employees receive. The Sec- committee staff members who worked can recall the days when Wilbur Cohen retary of Health and Human Services around the clock day after day to en- assured us the whole program would will review these plans to ensure that sure that the objectives we were given cost $24 billion a year, and indeed for a they meet this test. to meet would be met in the most effi- while there it did. I think it should be The welfare of our children was a cient and effective way possible. clear that this was the work of Senator critical component in the bipartisan Mr. President, I yield the floor. HATCH, who cares so very much about plan we achieved in the Finance Com- Mr. MOYNIHAN addressed the Chair. this matter. Equally, Senator ROCKE- mittee. The result of our work will be The PRESIDING OFFICER. The Sen- FELLER was able to bring about an in- to cover more children and to provide ator from New York. crease in the moneys that will be avail- them with real health insurance. Mr. MOYNIHAN. Mr. President, I able to low-income families as part of Again, this children’s health care ini- would like first to thank our revered the child tax credit in combination tiative will build upon the leadership chairman for his concise and com- with the earned-income tax credit. in the States. It passed the Senate Fi- prehensive account of this epic legisla- Senator BOB KERREY, who does not nance Committee with strong bipar- tion. It comes to the floor from a unan- intend that things should always be tisan support, and I thank all the Mem- imous Finance Committee. done the way they always have been bers who made a contribution to this These are the first substantive done—save perhaps in the U.S. Navy— special effort. changes made in Medicare and Med- proposed, and we agreed, that the time As you see, Mr. President, each of icaid since these measures were en- had come to begin to ask higher in- these reforms is necessary. Together acted a generation ago. I was present come persons to pay a higher premium they meet the requirements and re- in 1965. I am here in 1997. I so state, our to get this insurance, which they do sponsibilities that were given to us. problem —and it is a curious problem not have to take. It is optional, but During the next 5 years, we reduce def- in social policy, is that I am not sure which if they can afford to pay some- icit spending by $100 billion, including we will be heard because we are not thing more like the original antici- Medicare reductions of $115 billion, and making enough noise. And we are not pated contribution, well then, they net Medicaid reductions by $13.6 bil- making enough noise, Mr. President, ought to. That is just good sense. I lion. for the simple reason that we are in think this will be understood by the At the same time, we increase spend- agreement. We have changed our minds Senate and in time by our colleagues in ing for children’s health care in this about certain basic things. We have the House. We also move the Medicare bill by $16 billion, SSI support for el- recognized the events of the past gen- eligibility age from age 65 to 67, bring- derly and disabled immigrants by $10.4 eration that require us to do so. ing it into conformity with Social Se- billion and welfare to work by $3 bil- We came into these programs little curity. lion. We extend the solvency of the expecting how much they would come Finally, Mr. President, I think it has part A trust fund for Medicare for at to take over in the Federal fisc at a to be said—and I know the chairman

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6070 CONGRESSIONAL RECORD — SENATE June 23, 1997 will agree with me—that we did miss The PRESIDING OFFICER. If the start shooting real bullets and start an opportunity of lasting consequence Senator would suspend. having amendments offered about for Federal finance this year by failing The Chair would like to know who Medicare. We are going to have ques- to take action on how we measure the yields time to the Senator. tions about the need for long-term re- cost of living. Mr. ROTH. I yield to the distin- form. I am proud to say that the bill Our chairman has been an outspoken guished Senator 10 minutes. before us is the most dramatic reform advocate of developing an accurate The PRESIDING OFFICER. The Sen- of Medicare in the history of the pro- cost-of-living index, which we do not ator is recognized for 10 minutes. gram, and, in fact, if you combine all of now have. We have cost-of-living in- Mr. GRAMM. Mr. President, I want the other reforms in Medicare that we dexes all over the place. You find them to join our colleague from New York in have adopted in the last 32 years into in the Department of Labor, the De- commending our chairman of the Fi- one package, it is relatively insignifi- partment of Commerce, and the Health nance Committee for his excellent cant as compared to this bill. Care Financing Administration. work and leadership. I think it is a I know there will be those who ques- But we had agreement, from an ini- great testament to his leadership that tion the need for this dramatic reform, tiative taken in the Finance Com- we have before us a bill that will spend but I just want to remind my col- mittee, to produce an adjustment to less money on Medicare than another leagues that over the next 10 years the Consumer Price Index—which is bill we debated 2 years ago which was Medicare will be a $1.6 trillion drain on not cost of living—by 1.1 percentage deemed to be a partisan effort which the Federal Treasury. If you take all points. It would have produced $1 tril- ruptured the bipartisan nature of our the money we collect in payroll taxes lion in 12 years, and it would have put work on health care. and you compare that to how much the Social Security trust funds in actu- Today we have before us a bill that is money we are going to spend on Medi- arial balance until the year 2052. This superior in virtually every way to that care over the next 10 years, we are was in our hands, and it was let slip at bill. And this bill that is now before us going to fail to pay for the program by the last moment. We blinked, and the passed the Finance Committee on a a cumulative total of $1.6 trillion. unanimous vote and was strongly sup- opportunity is now history. We have an unfunded liability in But part of that history is also that ported and praised by every member of Medicare under the best of cir- the chairman of the Finance Com- the Finance Committee. cumstances. With all the right reforms, mittee and the members of the Finance I think it is a testament to the lead- if they could be made and done imme- Committee—I do not speak for all of ership and fairness of the chairman diately, we still have an unfunded li- them; I certainly speak for myself—re- that we have achieved this goal. I can ability bigger than the current infla- alized this should be done. It is a cor- say, as a person who has watched now tion adjusted costs of winning World rection that should be made. The soon- many chairmen work, both in the War II. We have promised Medicare to er we do, the more we will be able to House and the Senate, I have never two succeeding generations and we address other problems that remain be- seen anybody be fairer to every single have set no money aside to pay for cause, as the chairman said, we have a member of the committee from the those benefits. As the baby-boomer series of measures here that ensure the most senior member to the most junior generation—79 million people strong— viability of Medicare for 10 years. But member than Senator ROTH was. begins to go into retirement 11 years we mean to be around more than 10 I think it is a lesson to all of us. That from now, we are going to go from 5.9 years, and we will have to address this is, when you have heavy lifting to do, if workers to 3.9 workers to 2.2 workers subject also. you give people an opportunity to per retiree, and the impact of it is Finally, there are exceptional meas- speak their mind, to have a fair hear- going to be cataclysmic on the Federal ures in this bill to make provision for ing for their ideas, in the end they are budget. teaching hospitals and medical schools. a lot more willing to be part of that ef- One of the unanticipated consequences, fort than if they feel you are trying to That is why this bill is so important to use the chairman’s phrase, the ram it down their throat or treat them because it takes the first step toward phrase of Robert K. Merton in 1935, I unfairly. We have all heard, from our saving Medicare. I believe if we can think, that the economic rationaliza- teenage years, if you want me with you save these reforms not just in the Sen- tion of health care has been that the on the landing, you need to have me ate but through the House and to the teaching hospitals and medical schools, there on the takeoff. But we often for- President with his signature, that which necessarily must charge more get it in real life. And I think our every Member of the Congress will be for the care they provide because they chairman has reminded us of it again able to say of this bill that they truly are teaching and training and do re- here. did something worthy of being remem- search, find themselves in an exposed We have before us a very thick bill bered. situation which we can take care of which is the composite of all of the so- Now, let me outline some of the from the gains we acquire in the course called reconciliation bills that are sup- major components of the bill that I of rationalization. But if we do not, we posed to save money. I want to note think are important. First of all, this shall find that one of the unanticipated that there is only one bill in here that bill gives our seniors who qualify for consequences is that we spoiled our saves any real money, and that is the Medicare a broad range of choices. medical schools at this moment in the bill that we are talking about today, Today they have two choices. They can great age of medical science. This bill the bill that came out of the Finance stay in the old fee-for-service Medicare precisely addresses the matter in ways Committee. policy or they can go into a massive I think are constructive. And we will Now, lest someone jump up and say all-encompassing HMO. What we do is look into the issue further in the com- the Commerce Committee saved fill in all the areas in between by giv- mission which the chairman proposes. money, what the Commerce Committee ing our seniors the same kind of com- It remains for me, sir, simply once did was to sell spectrum, the right to petitive choices that are available in again to congratulate our revered broadcast. We had the Agriculture private medicine today. I think this is chairman. If you would so measure the Committee that was actually ordered a dramatic reform. I think it is a re- quality of his achievement, observe the to spend $1.5 billion, and remarkably form that is going to enhance the qual- silent awe which is now observed in the they had no trouble doing it. But the ity of health care. It is certainly going Nation. Finance Committee portion of the bill to expand freedom. Since we know Mr. President, I yield the floor. that is before us saves $100 billion with competition has an impact on health Mr. GRAMM addressed the Chair. a ‘‘b’’ dollars. And it does it in some of care costs because the competition of The PRESIDING OFFICER (Ms. COL- the most sensitive programs of the the last 8 years in the private sector LINS). The Senator from Texas. Federal Government. I want to talk has driven the medical price index that Mr. GRAMM. Mr. President, I want very briefly about some of these measures inflation in medicine below to join our distinguished colleague changes because they are important. the Consumer Price Index which meas- from New York in commending the We are going to have a lot of debate ures the costs of all goods and services chairman of the Finance Committee. here in the Senate tomorrow when we in the economy, we are confident that

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 23, 1997 CONGRESSIONAL RECORD — SENATE S6071 expanded choice, expanded competi- ready been denounced by most of the going to be there to serve us, this is a tion, and the efficiency that it will ul- major special interest groups in the change that needs to be made. I intend timately bring will benefit every Medi- country that tend to speak out on to defend it vigorously. care beneficiary and will benefit the these issues, and I want to talk about The second change that was made 110 million people that are paying the two long-term reforms. The first had to do with asking very high-in- Medicare taxes. reform has to do with retirement age. I come retirees to pay the full cost of the This is a very important reform. It is remind my colleagues that we changed voluntary part of this program. Some a reform that now, I think, we can be the retirement age in 1983 for Social people will recall that the part A of the proud to say, is virtually non- Security. I remind you of the cir- trust fund, the hospital part, you pay controversial. cumstances. We were on the verge of for during your working life by paying One thing we have done in the bill having Social Security go bankrupt. 2.9 percent of your wages into a trust which I say that had it been left up to We were down to the point where we fund, and that pay is for part A. Actu- me I would not have done is we have could not have sent out the July ally it is a long way from paying for it transferred home health care out of the checks. We had a commission that had but that is the system. The part A sec- trust fund into general revenue. Those not reached any kind of conclusion, tion of Medicare which pays for hos- who have wanted to be unkind have and under the leadership of Ronald pital care, you do not pay for while you said it is a phony reform; not only are Reagan we were ultimately able to get are working, you pay 25 percent of the they unkind, they are correct. In fact, a recommendation to make some costs of the part B premium. When the when we initially debated this so- changes. The only real substantive program was started in 1965 it was called reform I said that you can buy 10 change that the commission made and going to be 50 percent of the costs. years of solvency in Medicare by tak- Congress adopted was changing the re- What we do under this bill is ask our ing the fastest growing item in Medi- tirement age. They set out to change high-income seniors, who as individ- care out of the trust fund and putting the retirement age over a 35-year pe- uals, make between $50,000 and $100,000 it in general revenue and not counting a year and as couples from $75,000 to riod where, as we recognize that people it as part of Medicare anymore as part $125,000, to phase up that part B pre- are living longer, as we are healthier, of the part A trust fund. If that is real mium from that 25 percent of the cost as we are working longer, that ulti- reform, I can save Medicare for 100 which is $526 a year to approximately years by simply taking hospital care mately Social Security had to change. People forget that when Social Secu- $2,100 a year of costs, which is the full out of the trust fund and putting it rity went into effect in 1935 the average cost of that voluntary program. into general revenue and not counting Now, again, some people will say this American worker did not have a life ex- it as part A Medicare, but would any- is an outrage, but the plain truth is pectancy that was high enough that body believe that I had done anything this is a voluntary program. It is still they would ever receive any benefits when I did it? a better buy than anybody can get in from Social Security. It was the excep- So, one part of this bill which was the marketplace. Nobody paid for this dictated by the budget agreement is tional person who lived longer than program during their working life. It the transfer of home health care. But normal who ever got a penny out of So- makes no sense for my son in the labor there are two things that we have done cial Security. Our lifetimes, thank market and 21 years old to be paying as part of this transfer which really God, have grown tremendously since taxes to subsidize voluntary insurance represents an accounting gimmick, but 1935 due to improvements in public for a senior who is making $125,000 a two things we have done are real. No. 1, health, due to improvements in med- year. It is just not right. This is a good we are going to build over time 25 per- ical care, due to improvements in nu- Government program. I note that the cent of the cost of home health care trition, and due to the improvements savings from this higher part B pre- into the Medicare premium that people that would come as income has risen mium for very high-income seniors and pay for part B services or physician with our strong free-enterprise econ- from the retirement age change, that services after retirement; and also for omy and we have all been able to do a the savings from those two programs the first time in this bill we have a $5 better job taking care of ourself and we do not even count them in this bill. copayment for home health care. Now I our children. They are not counted for budget pur- know that there will be an amendment But we raised the retirement age to poses. We are not using them to bal- offered and that people will scream and 67 for Social Security—that will be- ance the budget. We are not using them holler that this $5 copayment rep- come effective in the year 2027—but we to fund tax cuts. We are simply doing resents the end of the world. But I did not raise the eligibility date for them and dedicating all the savings to want to remind my colleagues that Medicare. In this bill we make the con- the Medicare trust fund to keep the home health care now spends more forming changes so that Social Secu- system solvent. No one has ever done money than the National Institutes of rity and Medicare will again be anything like this before in the name Health. It now spends more money brought together. What it means is for of trying to save Medicare. than the space program. This is a mas- people who were born in 1960 and who Finally, we did have a provision that sive uncontrolled program. are, therefore, 37 years old today, they would have used the higher costs for Some of you probably saw the big ar- will know, with 30 years to plan for it, very high-income seniors as a deduct- ticle in the Wall Street Journal about that they are not going to qualify for ible instead of as a payment. We have how people have gotten out of the gar- Social Security and for Medicare until had so many questions raised about it bage collection business and gone into they are 67. So they have 30 years to that I have decided, along with others, home health care and become instant plan for that change. In my case, I was to go ahead and simply charge the pre- millionaires, how fraudulent much of born in 1942. So I know that if this bill mium and then do a study and a test of this program is in terms of people who is adopted, along with the changes that using the deductible instead of the pre- were providing services and overbilling have already been made in Social Secu- mium. I will submit for the RECORD and how the whole system is com- rity, that I will not be eligible to retire two letters, one from the American En- pletely out of control. We are trying to until I am 65 years and 10 months old. terprise Institute and one from the begin to tighten up on that but there is So I have 11 years to adjust to the fact Heritage Foundation, explaining why nothing that will be better for tight- that under this bill I am going to be re- doing it where we would raise the de- ening up on it than asking for a small quired and can expect to work 10 ductible instead of the premium would nominal payment so that people will months longer. be better and would save more money look at the cost, so that people will Now, we have a lot of people who are and would improve the efficiency of the make rational choices. So it is a small saying that this is unreasonable, out- system. The logic which seems to es- copayment. But if we know anything rageous, that the end of the world is cape many people is that if I am a about the world we live in, it is that going to come as a result of it, but this high-income retiree and I pay $1,577 small costs affect behavior on a sub- is the reality of the world we live in. more for an insurance policy, once I stantial basis. We are healthier, we are working paid that, then the cost of medical care We have very important long-term longer, and we are living longer. So if that I would then buy with that policy reform in this bill. The reform has al- this program that we all depend on is is totally unchanged.

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6072 CONGRESSIONAL RECORD — SENATE June 23, 1997 So all the Government did that per capita health care costs, it would today But evil knows no resting place. The helped Medicare was it got $1,577 out of be about $1,200. cold war is over. And still how many my pocket and put it into the trust 75 percent of Part B is now financed from have yet to taste the fruit of freedom? general revenues. This means that each fund to help keep the program alive— Medicare recipient receives a subsidy from For there is a regime in the world good work, important work, but by other taxpayers of about $1,700 per year. It is today that runs against the tide of his- doing it as a deductible, which I hope highly appropriate that higher income Medi- tory; that denies liberty and human some day we can do when people under- care recipients pay a higher portion of the dignity to its people; a regime whose stand it, you are going to get high in- cost of their insurance coverage. brutal repression at home betrays its come seniors who will be more cost The long-term reform of Medicare is not intentions abroad; a regime that as- conscious because they will be paying just a matter of raising more revenue from pires to superpower status. the first $2,100 as a deductible, and so payroll taxes or premiums. It will require re- forms that give recipients incentives to seek I am speaking of Communist China. they will actually be consuming med- more cost-effective providers when they need And I rise today to say, ‘‘No more.’’ No ical care more efficiently, getting out care and to avoid using medical care unless more should we watch as China uses its their bills and reading them, and re- it is actually needed. Higher deductibles are illegitimate gains to purchase military porting when somebody over charges a useful first step on the long road to reform hardware and weapons of mass destruc- them. They will actually be shopping since they will give those with the greatest tion. No more should we ignore Bei- around for the best buy. That is what ability to pay an incentive to use medical jing’s mercantilist trade policies that we want people to do. But this whole care more carefully. You will not get these block U.S. products and destroy Amer- idea is so important, I don’t want a behavioral effects from higher premiums. Since Medigap policies impose extra costs ican jobs. No more should we accept a new idea to threaten it. of approximately $1,000 per beneficiary on playing field for our products that is So I will submit these two letters for the Medicare program and reduce the behav- not level. No more, Mr. President. No the RECORD. I ask unanimous consent ioral effects of deductibles and co-payments, more unconditional most-favored-na- that they be printed in the RECORD. I urge the Congress to investigate and even- tion status for Communist China. There being no objection, the mate- tually pass reforms affecting the Medigap in- My decision to oppose most-favored- rial was ordered to be printed in the surance market. nation status was not an easy one. It RECORD, as follows: The views expressed here are my own and do not necessarily reflect the views of the was reached after countless meetings THE HERITAGE FOUNDATION, American Enterprise Institute or any of my with foreign policy experts, econo- June 20, 1997. colleagues. mists, and the CEO’s of major corpora- Hon. PHIL GRAMM, Sincerely yours, tions. To the businessmen whose pas- Russell Senate Office Building, ROBERT B. HELMS, Washington, DC. sion for the status quo was surprising, Resident Scholar, I posed many questions. DEAR SENATOR GRAMM: I was delighted to Director of Health Policy Studies. hear that your amendment concerning the Has China embraced the rule of law, Medicare Part B deductible was added to the Mr. GRAMM. Madam President, I put their regulations and laws in writ- Finance Committee bill. yield the floor. ing, stopped subjecting them to dif- We have long argued, as you have, that Mr. ASHCROFT addressed the Chair. ferential application? No. Are her peo- raising the Part B deductible for upper-in- The PRESIDING OFFICER. The Sen- ple more free? Well, not really. Is come Americans is wise policy. Moreover, ator from Missouri is recognized. America more secure with China sell- given the choice between raising the deduct- Mr. ASHCROFT. Madam President, I ible and raising premiums, increasing the de- ing weaponry to rogue nations and ex- ask unanimous consent that I be al- tending its own influence far beyond ductible makes far more sense. While raising lowed to yield 20 minutes from the ma- the premium for upper-income retirees, like appropriate levels into the South China raising the deductible, would reduce the tax- jority time for purposes of making re- Sea? Tragically, those I questioned payer-financed subsidy now going to people marks. could only plead for more time. But The PRESIDING OFFICER. Is there who do not need it, raising the deductible time alone cannot heal these wounds. objection? would have the added advantage of also sig- We must say: No more. nificantly changing patient incentives. That Without objection, it is so ordered. The truth is, America has dedicated would lay the groundwork for long term f structural reform of Medicare. over two decades to the policies of en- I should add that the criticisms leveled at COMMUNIST CHINA: AMERICA’S gagement, and the results have been your amendment are quite remarkable. At a MOST FAVORED NATION far from compelling or convincing. time when Medicare is increasingly incapa- Mr. ASHCROFT. Madam President, Less than 2 percent of United States ble of promising continued service to lower- freedom is, and always has been, the exports went to China last year. Amer- income retirees, it seems incredible that ica sold more goods and services indi- some liberal members and organizations are great moving force of American his- defending a huge subsidy to the rich. And it tory. It was freedom that inspired pa- vidually to Belgium, Brazil, and Singa- is almost amusing to hear the claim that the triots to give their lives at Concord pore than to the People’s Republic of amendment is unworkable. We have been and Lexington. Freedom that com- China. Meanwhile, the United States means-testing programs for the poor for pelled American Rangers to scale the took more than 30 percent of China’s many years, but now we are told that design- cliffs at Normandy. And freedom that exports creating a $39.5 billion mer- ing an income-adjusted Medicare deductible filled Ronald Reagan’s heart in Berlin chandise trade deficit. This represents for the rich is beyond the capability of the as he exhorted Mr. Gorbachev to ‘‘tear a threefold increase since 1990. A 200- human mind. percent increase in just 6 years! Keep up the good work, Senator! down this wall.’’ Sincerely, Freedom. The essential ingredient of On Friday, more bad news. The Com- STUART BUTLER, Ph.D., what Reagan called ‘‘the American merce Department reported that our Vice President, Director of purpose.’’ At our highest and best, we trade gap is widening—fully 41 percent Domestic and Economic Policy Studies. Americans are believers in the ‘‘bless- higher in the first 4 months of this ings of liberty,’’ the idea that ‘‘all men year than in 1996. This led the Wall AMERICAN ENTERPRISE INSTITUTE are endowed by their Creator with cer- Street Journal to speculate that China FOR PUBLIC POLICY RESEARCH, will soon have the largest deficit of any Washington, DC, June 20, 1997. tain unalienable rights.’’ And these United States trading partner, sur- Hon. PHIL GRAMM, rights are not America’s alone, but ex- U.S. Senate, tend to all those who would seek to passing even Japan. Washington, DC. know freedom’s warm embrace. If our growing trade deficit has been DEAR SENATOR GRAMM: I would like to con- So today, from Stettin in the Baltic the source of great attention, the caus- gratulate the Senate Finance Committee on to Trieste on the Adriatic, the Iron al factors behind the inequity have its recent action to introduce income-related Curtain has lifted, and a wave of de- gone all but ignored. At their core, deductibles into the Medicare program. In mocracy has descended on the globe. they are twofold. The first element is my personal view, this proposed change is long overdue for the following reasons: The ‘‘simple, vivid, peaceable world’’ of the anti-American, predatory trade The original Part B deductible was $50. which John Cheever wrote is more a re- practices of the Chinese Government. After over 30 years, it has only been allowed ality today than at any time in our The second is a United States-China to increase to $100. If it had been indexed to history. policy that has been an abject failure,

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 23, 1997 CONGRESSIONAL RECORD — SENATE S6073 a case study in what not to do. A United States rates. China’s tariffs, China’s trade surplus is being used to United States policy that has, in truth however, are 19 percent higher. But pursue a massive military moderniza- and reality, made Communist China again, Mexico and China enjoy vir- tion program, nothing less than a blue- America’s most favored nation. tually identical access to the United water navy, long-range aircraft, and American access to the other Asian States market. We are literally invit- precision-guided munitions and mis- market is growing every day. The Mon- ing China to be involved in our market siles. The Russians alone have sold bil- golian Government has aggressively while China is slamming the door in lions of dollars of military technology sought United States investment, and the face of American business. China is to the Chinese. And, as Prof. Arthur soon will allow foreign ‘‘stakes in in- truly ‘‘America’s most-favored-na- Waldron notes, this includes ‘‘cruise frastructure’’ and the purchase of tion.’’ missiles capable of defeating the anti- ‘‘shares in privatized companies.’’ In This stems at least in part from the missile defenses of the U.S. Navy.’’ Taiwan, AT&T and GTE have won willingness of the United States to stakes in cellular telephone licenses trade with China under a bilateral These force-projection technologies that will allow both to provide tele- agreement that was signed in 1979—a are not about ‘‘providing for the com- communications services to the Tai- time when Jimmy Carter still called mon defense.’’ They are about pro- wanese. the White House home. The agreement viding an uncommon capacity to China is the exception, erecting bar- predates the commercial availability of project power—power all across Asia. riers to entry surpassed only by the information technologies such as cel- They will threaten not just the Asian Great Wall itself. This begs the ques- lular phones and portable computers. democracies, but also the sailors of the tion: if United States products are good Madam President, this bilateral 7th Fleet who call the waters of the enough for Mongolia, Taiwan, and the agreement is the first of a two-tier test South China Sea home. other Asian democracies, developing that all nonmarket economies must I intend to address the emerging and developed, why are they not good meet if they are to be extended most- threat posed by Beijing’s military enough for Communist China? And favored-nation status. The second deals build-up in the days and weeks ahead. when will we have the courage to say, with the emigration provisions of the I also plan to speak about an adminis- ‘‘No more’’? Jackson-Vanik amendment. There are tration policy that fails to defend what Consider China’s treatment of infor- currently 15 nonmarket economies, in- Thomas Paine called the rights of man, mation technologies. The United cluding China, that have technically all but ignoring Beijing’s cruel cam- States tariff on cellular phones from complied with this two-tier test in paign of persecution and repression China is 1.6 percent. China’s tariff? order to get MFN status. aimed at crushing internal dissent. Seven times as high. Chinese telephone All of the other 14 designees, how- answering machines: 1.6 percent. The ever, have bilateral agreements that We will never tame the Chinese drag- tariff on United States firms? A whop- were developed in the 1990’s. In fact, on—no more than we subdued the So- ping 50 percent, over 25 times as high. every United States trading partner viet bear—with the policies of appease- Chinese-made computers: 2.7 percent. save China has trade agreements that ment. The way to bring China into the The import tax on Silicon Valley? Al- were negotiated in the last 7 years. community of nations is to talk truth- most six times as high. And the list Only China operates with a favorable fully and forcefully about the evils goes on and on and on. status of not having to comply with a found there; challenge China to open In March, 39 countries, including Tai- modern bilateral agreement. Only her doors to the commerce of the West- wan, Singapore, Malaysia, and South China enjoys this most favored among ern world; and maintain an American Korea, signed the Information Tech- most-favored-nations position. It is military superiority that makes peace nology Agreement which will phase out this decades-old agreement that is fail- not only possible but probable. all tariffs on such products as semi- ing to safeguard our capacity to deal And to those who say this debate conductors, computer hardware, and on a level playing field with the Chi- cannot be won, that the forces amassed electronic components by century end. nese. It is this agreement that is fail- against us are too great, I take issue. China’s concession was nowhere to be ing to allow for free and unfettered ‘‘Any spot is tenable,’’ said John Ken- found. And yet, we rewarded China’s trade. nedy, ‘‘if men—brave men—will make belligerence by providing the same ac- Last Wednesday, Madam President, I it so.’’ It is time to turn retreat to ad- cess to our market as we do to those asked Undersecretary of State for Eco- vance; to fight for a new China policy nomic, Business, and Agricultural Af- Asian countries that have agreed to steeped in the principles of our old fairs, Stuart Eizenstat, to tell me why welcome our goods. American Republic. Because truly free the administration has failed to hold Now the administration and the trade can only exist between free peo- the Chinese to the same standards as ivory tower academicians like to whine ples. And the Chinese who watched other most-favored-nation designees by about how misleading the ‘‘most-fa- treachery take hold in Tiananmen requiring a modern bilateral trade vored-nation’’ designation is. ‘‘If we Square are most certainly not free. It agreement. ‘‘This is,’’ Eizenstat said, could only change the name,’’ they is time for America to say, ‘‘No more.’’ wail, ‘‘our China troubles would be ‘‘one of the things we are now negoti- over.’’ But if ever there were a country ating.’’ In 1946, Winston Churchill came to that deserved the label ‘‘most favored Madam President, ‘‘now negoti- America to warn of the Soviet subjuga- nation,’’ it is Communist China. It is ating?’’ A bilateral trade agreement is tion of Eastern Europe. At the request time for America to say, ‘‘No more.’’ a precursor to the extension of MFN. It of President Truman, he chose small Unfortunately, rather than sound a was one of the basis upon which MFN Westminster College in Fulton, MO as clarion trumpet for American goods, is extended. It is a core requirement. the site where Britain would pass the the administration has hoisted the flag Why is Congress being asked to renew baton of Western leadership to ‘‘the of defeat. Today, the United States al- most-favored-nation status before a American democracy.’’ lows China to slap punitively high tar- modern bilateral trade agreement is in In this most Churchillian of Church- iffs on our goods while other countries place? Why in the world is Congress ill speeches—made famous by its ‘‘iron are trying to treat us equitably. Aus- being pushed to embrace an agreement curtain’’ coinage—he called America to tralia, for instance, has tariffs on that disadvantages U.S. products and her highest and best in defense of free- United States goods that are roughly ensures a trade imbalance into the dom and the rights of man. And if I equal to America’s 4-percent rate. And foreseeable future? China’s preferential might beg the Chair’s indulgence, I yet, Australia’s access to the United status coupled with her discriminatory would like to read a portion of the States market is no better than Chi- conduct has improperly made the PRC words he offered that warm and windy na’s. a nation favored above all others, the Tuesday a half century ago in Fulton, In fact, the People’s Republic of most-favored among most-favored na- MO, my home State. China is deriving more benefits from tions. United States trade than even our clos- Perhaps China’s past and current Winston Churchill challenged the est trading partners. Mexico places tar- transgressions could be overlooked if United States: iff rates on American goods that are Beijing’s ambitions were more humane. ‘‘The United States,’’ said Churchill, only 2 percent higher than comparable Instead, the hard currency created by ‘‘stands at this time at the pinnacle of

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6074 CONGRESSIONAL RECORD — SENATE June 23, 1997 world power. It is a solemn moment for Mr. HUTCHINSON. I intend to speak gress in 1993, I was almost persuaded by the American democracy. For with this about 15 minutes. that logic. In fact, I wanted to be per- primacy in power is joined an awe-in- Mr. LAUTENBERG. About 15 min- suaded by that logic, and I was looking spiring accountability to the future. As utes. Apparently the Senator from for any indication that the policy of you look around you, you must feel not Iowa would be all right if the Senator constructive engagement was, in fact, only the sense of duty done, but also from Arkansas—it had been apparently having the desired results and that, in you must feel anxiety lest you fall agreed to before he came. fact, conditions were improving, treat- below the level of achievement. Oppor- Mr. HARKIN. I didn’t know such an ment of the Chinese people had im- tunity is here now, clear and shining agreement was in effect. That would be proved, there was less repression, and * * * To reject it or ignore it or fritter fine. that trade, expanded trade, was in fact it away will bring us all the long re- Mr. LAUTENBERG. I apologize to having that kind of result. Had there proaches of the aftertime.’’ the Senator from Arkansas for messing been any sign in the last 4 years that Madam President, Churchill’s words things up. this policy of constructive engagement are America’s words. For ours is a pas- Mr. HARKIN. Mr. President, since I was having the intended result, I would sionate belief in human possibility, an still have the floor, if I might, this be voting for MFN this year. Were I abiding devotion to freedom. ‘‘Oppor- Senator was unaware that a previous given the opportunity, I would be sup- tunity is here now, clear and shining.’’ agreement had been made by the Sen- porting most-favored-nation trade sta- Let us not trade liberty for the false ator from Arkansas for this time slot. tus for China. What I would ask is that when the Sen- idol of foreign commerce. Let us not But the facts are very clear and the ator from Arkansas finishes, then I allow freedom’s song to die on our lips. State Department’s own report makes would be recognized to make my state- ‘‘For all sad words of tongue and pen, it abundantly clear that conditions ment. have deteriorated, that the policy of the saddest are these: ‘It might have The PRESIDING OFFICER (Mr. linkage has not had the result that we been.’ ’’ ALLARD). Without objection, it is so or- I yield the floor. all wanted it to have. So it is argued dered. The Senator from Arkansas. that economic freedom frequently f Mr. LAUTENBERG. Mr. President, I leads to political freedom, and in fact BALANCED BUDGET ACT OF 1997 understand that the time is going to be it does frequently lead to political free- The Senate continued with the con- yielded by that side of the aisle and dom. There are examples in which that sideration of the bill. should be appropriately recorded. has happened. But in China’s case, Mr. DOMENICI. Madam President, The PRESIDING OFFICER. The Sen- market economics has become nothing parliamentary inquiry: How much time ator from New Jersey is correct. but an utilitarian exercise to ensure Mr. LAUTENBERG. I thank the has been used by each side? the continuation of a totalitarian re- The PRESIDING OFFICER. The Sen- Chair. gime. They have seen if they keep the The PRESIDING OFFICER. The ator from New Mexico has 7 hours and iron grip upon the Chinese people, that Chair recognizes the Senator from Ar- 19 minutes left on his side, and the a market economy will help them ac- kansas. Senator from New Jersey has 9 hours complish that; that expanded trade, Mr. HUTCHINSON. Mr. President, I higher incomes, economic opportuni- and 14 minutes remaining. express my gratitude to the Senator Mr. DOMENICI. I suggest the absence ties for Chinese people—that makes it from Iowa for being so understanding, of a quorum and ask that it be charged easier for them to maintain an abso- allowing me to proceed. I would like equally to both sides. lute repression of any kind of free ex- for it to be clear that my 15 minutes The PRESIDING OFFICER. Without pression within China. would come from the majority’s time. objection, it is so ordered. Proponents of MFN say we all have The clerk will call the roll. f the same goal, expanded human rights, we just have a different approach on The assistant legislative clerk pro- MOST-FAVORED-NATION TRADE how we best attain that. Russia is ceeded to call the roll. STATUS FOR CHINA Mr. HARKIN. Madam President, I often pointed to, the old Soviet Union, Mr. HUTCHINSON. Mr. President, ask unanimous consent that the order where there was a little hole in the the House of Representatives votes to- for the quorum call be rescinded. dike called perestroika and from that The PRESIDING OFFICER. Without morrow on whether or not to extend little hole in the dike the floodgates objection, it is so ordered. most-favored-nation trade status to opened and freedom could not be con- Mr. HARKIN. Madam President, do I China. In a more desirable world, re- tained. But in China, perhaps they understand that under the procedure voking China’s MFN status might be learned the lesson from the Russian ex- now in effect we can lay down amend- less advisable than handling national periment or from the Soviet Union’s ments this afternoon? Is that the case? security and human rights as well as experience, for in China there has been The PRESIDING OFFICER. There is economic issues in more traditional no perestroika; there has been only re- a pending amendment that would have ways. Unfortunately, the experience of pression. to be laid aside. the last 3 or 4 years, in fact experience There are, I believe, many flaws in Mr. HARKIN. And that would have to going back much farther than that, has the policy of constructive engagement. be done by unanimous consent, right? demonstrated that the administra- First and foremost, it has simply not The PRESIDING OFFICER. The Sen- tion’s policy of constructive engage- improved the status of the Chinese peo- ator is correct. ment has failed. The constructive en- ple; it has worsened it. The administra- Mr. HARKIN. Madam President, I gagement policy has in fact degen- tion’s decision not to consider human have an amendment. I know the Sen- erated. We have seen conditions in rights abuses when granting MFN sta- ator from Arkansas wants to speak, China worsened annually. tus has proven disastrous for the peo- and I will be as brief as I can. The logic behind constructive en- ple of China. As they have been re- Mr. LAUTENBERG. Will the Senator gagement is, indeed, appealing. It goes moved from the threat of any repercus- yield? something like this. If we will expand sions in the trade relationship with the Mr. HARKIN. I would like to speak trade with China, the result will inevi- United States, the Chinese Communist very briefly and lay down the amend- tably be political liberalization and ul- leaders have succeeded in jailing or ment. timately an improvement in the condi- executing every last dissident in a Mr. LAUTENBERG. Will the Senator tions of the Chinese people, there will country of over 1 billion people, ac- yield for just a moment? be an expansion of human rights oppor- cording to the State Department’s own Mr. HARKIN. Yes. tunities, there will be less repression, 1996 China report. As we have turned a Mr. LAUTENBERG. In this case I there will be less religious persecution, blind eye, the atrocities have escalated think there is a question about wheth- there will be a warmer and more cor- and the oppressive government has er the Senator from Arkansas had a dial relationship between China and strengthened its hold on a full one-fifth commitment to speak at this time. the United States. of the world’s population. The con- I would ask the Senator from Arkan- When I was first confronted with the structive engagement policy has pro- sas how much time he needed. issue of MFN upon my election to Con- duced more persecutions of Christians,

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 23, 1997 CONGRESSIONAL RECORD — SENATE S6075 more forced abortions, more steriliza- nothing more than an annual joke that work in our day. There is no greater tions of the mentally handicapped, we play in Congress, where we go example of it, perhaps, or image of it, more incarcerations of political dis- through the process, we go through the at least, than when Vice President sidents, and the near extinction of the debate, all the time knowing most-fa- GORE toasted Premier Li Peng. expression of any opinions contrary to vored-nation trade status will be ex- Arthur Waldron wrote in his essay those of the Communist regime. tended, MFN will be extended regard- ‘‘How Not to Deal with China,’’ he said: I have on this chart, I think, a very less of what conditions may have oc- China is involved in disputes around the clear illustration of the failure of the curred within China. full circumference of its border, disputes constructive engagement policy. On In a flagrant act of intimidation, which, like burners on a stove, Beijing may the left of this chart we see a dramatic China effectively blockaded Taiwan turn up or down, but never turns off. increase of trade with China, a less dra- during a missile testing exercise off its So they toy as we grant MFN. The matic increase of imports from the coast in March of 1996. Many examples logic behind this policy is flawed. I be- United States, and a very dramatic in- could be given of where the Chinese lieve it deserves a vote of no con- crease in exports. We see, in a very Government acts with impunity to- fidence. I hope the Senate will have the graphic manner, while trade has in- ward our Nation because our policy has opportunity to cast that vote. China creased from 1987 to 1996, we have also been one of coddling. has created a dichotomy. They say, on seen that human rights abuses in China Third, constructive engagement sup- the one hand, give us trade. They say have increased almost in a parallel poses a true free enterprise system in give us sales. They say give us dollars. manner. Homeless children—in 1993 China and that system just does not And on the other hand, they practice over 600,000, in 1997 almost three times exist. The logic behind constructive en- political repression, slave labor, forced as many homeless children, homeless gagement is flawed because it assumes abortion and religious persecution. Be- children being the result of those who that in fact they have a free enterprise tween those two statements there is are incarcerated and those who are exe- system. They do not have that. They the great wall of China: Yes, market cuted. Religious persecution in China— have protectionist trade policies, they economy, free trade, but political re- in 1993, 2.4 million believers, those peo- have an enormous trade deficit with pression and slave labor. To the extent ple of faith persecuted. In 1997, 4 years the United States, and the People’s that free markets lead to free minds, later, under the policy of constructive Liberation Army controls many of the China, in recognizing that, built a wall engagement, 4.5 million, almost dou- industries in China. So the assumption between. And, as we continue to grant bling. is wrong and the policy is flawed. most-favored-nation status, we allow So, while trade increased—the logic Fourth, constructive engagement that wall to exist. of constructive engagement would say supposes a fair trade relationship that Mr. President, 2 years ago, I was trade increasing, more trade opportuni- does not exist. How can you have a fair present, as many of my colleagues ties will mean greater human rights trade relationship when there are 5 were, at the dedication of the Korean and fewer abuses in China. Just the op- million people in slave labor camps? War Veterans Memorial, the latest war posite has occurred. Forced reeducation camps, the old memorial on the Mall in Washington, Reeducation camps—in 1993, 200,000 gulag in the Soviet Union, the con- DC. At the edge of the memorial is a were in these forced reeducation labor centration camps, that’s what they low wall upon which is inscribed this camps; in 1997, over 5 million have been are, with prison industries. Though it reminder, I think a good reminder for detained, according to Amnesty Inter- is against the law, there is no way that all Senators, a good reminder for all national and according to the Congres- we can totally detect what products our colleagues in the House of Rep- sional Research Service. I believe this are made in prison factories and what resentatives on this eve of the MFN in fact demonstrates that constructive products are not. So there is no fair vote. On that memorial is inscribed engagement has been very destructive. trade relationship with China. these words: ‘‘Freedom is not free.’’ Second, this delinkage has also re- Then, fifth, constructive engagement To those who would say that profits sulted in a loss of leverage with the ignores the military buildup in China. are the ultimate arbiter of American Chinese Government. I want to pause If you reject everything else, the fact is policy, I say it is time that, once again, to read from an editorial that appeared we have a compelling national security values and principles be the deter- in my hometown paper today, the Ar- interest as we see China’s defense budg- minant of what our national policy is kansas Democrat Gazette. It says: et growing. United States Ambassador and what our trade policy should be. But they may not realize that a carrot- to China James Sasser recently stated Freedom is not free. and-stick approach isn’t likely to be effec- that fact. The Chinese themselves have Thank you, Mr. President. I yield the tive if the carrot is always offered and the announced an increase in that budget, floor. stick is always withheld. which will bring total defense outlays Mr. HARKIN addressed the Chair. That has been the result of this to $10 billion and many believe it is The PRESIDING OFFICER. Under delinkage policy. They would say, and closer to $40 billion. So I say, as you the previous order, the Senator from they do say: Your words are empty be- look at China’s military buildup, their Iowa is to be recognized. cause there is nothing to back them willingness to export weapon compo- f up. Delinkage has not worked because, nents, chemical weapon components, in effect, there has been no stick. So, is selling those weapon components to BALANCED BUDGET ACT OF 1997 it any wonder that, in effect, we hear Iran, nuclear weapon technology to The Senate continued with the con- the Chinese Government say we don’t Pakistan, advanced jet aircraft to Rus- sideration of the bill. care what you say because in the end sia and on and on, it is clear that our Mr. HARKIN. Mr. President, who we get what we want and we can con- national security interest would say we yields me time? tinue to do what we please? Mr. Presi- ought not extend again most-favored- Mr. President, I ask unanimous con- dent, that delinkage has resulted in a nation status to China. sent that my time be taken off the mi- loss of leverage is clearly evident in Sixth, constructive engagement is nority’s time on the bill. that State Department report of 1996, flawed because it assumes that gentle The PRESIDING OFFICER. Without in which they said, ‘‘No dissidents were treatment will elicit good behavior objection, it is so ordered. known to be active at the year’s end.’’ while firmness will result in escalating Mr. HARKIN. Mr. President, for When most-favored-nation status tensions. Let me say that again. The many years, I have been working hard reaches the point that it is no longer assumption is that if we will give to to identify and combat fraud, waste, conditioned, then it becomes abso- China gentle treatment, it will elicit and abuse in the Medicare Program. lutely meaningless. When we look at good behavior, but that if we dare to Starting in 1990, when I took over as China and our own State Department take a firm stand, it will escalate ten- chairman of the appropriations sub- says by every measure conditions are sions. In an earlier day that philosophy committee that funds and has jurisdic- worse, yet we say we are still going to was called appeasement, and it has tion over the administrative funding of extend most-favored-nation trade sta- never worked. It did not work in the Medicare, I began holding hearings, tus, then that annual exercise becomes days of Chamberlain, and it will not and I held several hearings through

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6076 CONGRESSIONAL RECORD — SENATE June 23, 1997 those years, released report after re- ade or two decades ago? The good news cause they use competitive bidding to port, documenting the unnecessary is, the Pentagon isn’t buying them assure it is getting the best rate pos- losses to the Medicare Program. These anymore. The bad news is, Medicare is. sible. losses are truly staggering. I have Our analysis of Medicare payments Right now, under law, Medicare is taken the floor many times over the for a sample of medical supplies and prohibited—prohibited—from using last several years to document this for equipment from saline solution to hos- this measure. Medicare is prohibited other Senators. The General Account- pital beds reveals that Medicare is pay- from engaging in competitive bidding. ing Office estimates that up to 10 per- ing up to six times more for these But the bill before us now gives them cent of Medicare payments could be items than other Government or pri- that much-needed authority. It doesn’t lost to fraud, waste, and abuse. That vate-sector entities. For just 18 items mandate it. I think we ought to man- adds up to about $18 billion a year. reviewed, Medicare could save over 50 date it, but the bill at least gives The HHS inspector general just con- percent, or up to $236 million this year. HCFA the authority to engage in com- cluded a comprehensive audit of Medi- Let me repeat that. We reviewed 18 petitive bidding. care claims paid last year. It is the items—just 18—out of the tens of thou- In the hearings that I have held in most comprehensive review of claims sands that Medicare pays for. In just the past, Mr. Vladeck, the Adminis- ever made. They found that up to $23 those, we could save $236 million this trator of HCFA, has testified that if billion of those payments, or about 14 year if we paid the same rates in Medi- given the authority, they would use it. percent, should not have been paid. care as we paid in the Veterans’ Ad- So I think this will be sufficient and This is last year, 1 year. The HHS in- ministration. Same item. will get the Health Care Financing Ad- spector general said that up to $23 bil- If Medicare were just to pay whole- ministration to start engaging in com- lion should not have been paid. So the sale rates offered to others around the petitive bidding. problem may even be worse than we country, it could save $218 million this Another important reform that is in originally thought. year. In fact, it was so bad, we found this bill is the streamlining of Medi- There are many components to this that if Medicare just went down to the care’s authority to reduce grossly ex- problem. Mr. President, if you can local drugstore and paid retail rates, it cessive payment for items it purchases. dream up a scam or a ripoff, it has could save $371 million over the next 7 It is called the inherent reasonableness probably already been tried in Medi- years; $371 million over 7 years if they authority. Under current law, the au- care. We have uncovered losses due to just paid retail rates for the 18 items thority is tortuous to complete. As a out-and-out fraud—billing for services that we looked at. result, it has only been used once. that weren’t administered, providers For example, we found that Medicare Three years ago, we found that Medi- paying and receiving kickbacks, double pays up to $182.80 to rent an air mat- care was paying up to $211 for a home billing. We now even have evidence tress, more than six times the whole- diabetes monitor. At that time, I sent that organized crime has entered the sale price of $29.95, three times the a staff person of mine out to the local Medicare fraud business. Clearly, there price of $53.88. K-mart and bought the same item for is a lot of criminal activity that is Medicare is paying $99.35 for a simple $49.99 that Medicare was paying $211 going on out there which is costing us commode chair that the VA is able to for. billions of dollars each year. buy for $24.12. After several hearings, we got Medi- However, we found, with help from Medicare is paying $7.90 for a bottle care to begin the process of using their the GAO and inspector general, that of sterile saline solution; the VA buys authority, the authority that they call even greater losses are due to waste it for $2.38. inherent reasonableness authority. We and abuse. That’s right, waste and I have a chart here which just shows got them to use that to reduce this abuse is even bigger than fraud in the some of these items and the potential gross overpayment for these blood glu- Medicare Program, and those losses are savings. Here is an irrigation syringe cose monitors. It took them 2 full often directly due to or encouraged by which Medicare is paying $2.93 for; the years to go through all of the hurdles wasteful Medicare payment policies VA is paying $1.89. set up in the law. They finally reduced and practices. Here is a walker. This is one of those the payment to around $50, and that At long last, it appears that the bill plain walkers that elderly people use. alone is saving taxpayers $25 million before us will address some of the most It has four legs on it. Medicare is pay- over 5 years. But it took 2 years just to glaring problems. It would make ing $75.52 for them; the Veterans’ Ad- get that done. That delay cost tax- changes that I have been advocating ministration is paying $25.40 for the payers $10 million. since the beginning of this decade, same one, the exact same walker made The bill before us includes a stream- changes, I might add, that this body by the same company. lining of this process that I have been has previously defeated. I have offered A commode chair. You know what a suggesting for years. It would allow amendments on the floor in the past to commode chair is; if you can’t get to Medicare to respond quickly when it provide for competitive bidding for the bathroom, you have it by your bed. finds that it is paying prices that are Medicare, just like the Veterans Ad- Medicare is paying $99.35 for it; the out of line with what everyone else ministration has, and I was not suc- same commode chair, identical, the pays. So I am pleased that this finally cessful. Veterans’ Administration is paying is before this body, and I hope it is So now with the competitive bidding, $24.12 for it. agreed to. plus a streamlining of Medicare’s au- Here is the sterile saline solution I Mr. President, I have an amendment thority to pare back excessive payment talked about. Medicare is paying $7.90 that I will be asking to send to the rates, these two steps can cut waste for it; the same item, the Veterans Ad- desk, after I give a brief explanation. and save taxpayers billions of dollars. I ministration is paying $2.38 for it. They are changes that will help to re- commend Senator GRAHAM of Florida Why? Why would the Veterans’ Ad- duce the massive losses due to waste, for offering the amendment in com- ministration pay $25.40 for a walker fraud, and abuse. All of these are based mittee on competitive bidding. He had that Medicare is paying $75 for? Same on reports and recommendations by cosponsored my proposals in the past. item, same town. Why? Because the the General Accounting Office and the Senator GRAHAM has done us all a Veterans’ Administration is engaging inspector general of Health and Human great service for his action, and I com- in good old-fashioned competitive bid- Services. I don’t believe it will be con- mend the full committee for adopting ding. If you want to sell it, put out a troversial to anyone, and I hope it will it and having it in the bill before us. bid for what you are selling it for, we be accepted by the managers of the The need for these reforms could not will take the lowest bid. That is why bill. be clearer. Let me just give you an idea Medicare pays bloated prices based on First of all, Mr. President, the first of what I am talking about. Last year, historical charges and the VA, which part of the amendment has to do with I released a report prepared by my staff has much less purchasing power than improving information to beneficiaries. on waste in Medicare payments for Medicare, puts it out for both quality Under current law, beneficiaries are medical supplies. Remember the $500 and cost control. So the Veterans’ Ad- sent a statement, an explanation of toilet seats from the Pentagon of a dec- ministration is able to save money, be- charges and payments. They are brief

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 23, 1997 CONGRESSIONAL RECORD — SENATE S6077 summaries of the actual bills and pay- ployees, reimbursement for ballet tick- pad; the VA is paying 4 cents for the ments. There are several shortcomings ets, reimbursement for Tiffany crystal same one. of these current statements that are pitchers, reimbursement even for a trip My amendment would say the home sent to beneficiaries. The first thing to Italy to inspect a piece of art for an health agencies would be required to that you will notice, if you look at a executive office. submit to fiscal intermediaries claims statement, it says in big bold letters: This amendment explicitly prohibits that itemize the specific supplies and ‘‘This is not a bill.’’ Medicare reimbursement for indirect the quantities billed for surgical So you are an elderly person, you get costs related to entertainment, gifts, dressings. All other providers are cur- this, it says, ‘‘This is not a bill.’’ Hey, donations, personal use of motor vehi- rently required to do the same, but not I get a lot of things in the mail that is cles, costs for fines and penalties, and home health agencies. Mine would just not a bill. I’m not going to worry about tuition for spouses or dependents of bring the home health agencies in it. So many beneficiaries don’t take health care providers. In other words, under this umbrella. the time to examine them for the mis- it brings it into line with other Federal Finally, the loophole that for some takes. In addition, the statements do law. reason is there that excludes surgical not provide the number of the toll-free The next part of my amendment goes dressings from the Secretary’s inherent hot line operated by the Medicare con- to the losses due to frequently abused reasonableness authority would be tractor to receive reports of errors or items. Currently under the law, the closed. She would have that authority fraud or abuse. Finally, there is no re- Secretary may—may; does not say to pay on a reasonable basis, to get quirement that beneficiaries can get ‘‘shall’’—may make a list of medical that down to the same level that the copies of complete itemized bills sub- supply and equipment items that she Veterans’ Administration is paying. mitted by providers. finds to be frequently subject to unnec- Mr. President, I am going to be ask- So what my amendment does is it re- essary utilization. In other words, you ing unanimous consent to set aside the quires that each explanation of bene- see something popping up all the time, pending amendment and lay down my fits sent to beneficiaries, including the it keeps being utilized, well, the Sec- amendment. We are now discussing it statement, because billing errors do retary may develop a list of suppliers with the Finance Committee. I am occur and there is significant waste, found to have business practices that hopeful it can be cleared without the fraud, and abuse, that the beneficiary result in a pattern of utilization. need for a vote in the next day or two. should carefully review the statement So the Secretary’s power is she may. AMENDMENT NO. 428 for errors or other questionable billings The Secretary has failed to use this au- (Purpose: To reduce health care fraud, waste, and report those to Medicare. thority, thereby missing potential for and abuse) It also requires that the statement significant savings. I do not mean to Mr. HARKIN. So, Mr. President, I ask include the toll-free hotline number to point at this Secretary. The Secretary unanimous consent to have the pending report the suspected problems. These before this one did not use it either. amendment laid aside so that I may toll-free lines already exist. I am not And therein lies the problem. lay down my amendment. setting anything up that does not My amendment simply changes the The PRESIDING OFFICER. Is there exist. They already exist, but many word ‘‘may’’ to ‘‘shall’’ and requires objection? seniors do not know about it. All I am the Secretary to develop the list of Mr. DOMENICI. Reserving the right saying is, the phone number ought to overutilized medical supply items and to object. be put on the statement of benefits. questionable suppliers. The PRESIDING OFFICER. The Sen- My amendment provides that a bene- Lastly, in OBRA 1993, it provided for ator from New Mexico is recognized. ficiary may, if they request, be pro- certain medical supplies, including sur- Mr. DOMENICI. I say to the Senator, vided an itemized bill within 30 days of gical dressings, to be reimbursed based I need you to further agree, if you their request when the beneficiary sus- on a fee schedule. As a result, providers would please, that we can, with the as- pects irregularities from having read must submit to fiscal intermediaries surance that your amendment will be the summary provided to them. claims that itemize the specific sup- placed in a stacked order to leave us My amendment also requires that plies and quantities billed. However, the range of offering the two major any specific allegations of errors or this provision does not apply to items committee amendments first. They are other problems made by beneficiaries billed by home health care agencies. So going to be offered this afternoon. based on a review of the itemized bill since 1993, for certain medical supplies, Mr. HARKIN. Sure. be reviewed and any appropriate recov- like surgical dressings, reimbursed on a Mr. DOMENICI. Then we will stack eries made for the trust fund. fee schedule, it does not apply to home them, and perhaps yours will be the Second, Mr. President, Medicare pay- health agencies. third or fourth. But you will get it in ments are supposed to be limited to Now, in addition, current law pro- that manner. those that are reasonable, necessary, hibits the Secretary—prohibits the Mr. HARKIN. Absolutely. Mr. DOMENICI. Is that sufficient for and related to patient care. That is the Secretary—from using her inherent you to understand the unanimous-con- law, and those are the regulations. reasonableness authority to reduce sent request? However, while most other Federal grossly excessive payment rates for The PRESIDING OFFICER. The agencies specifically prohibit indirect surgical dressings. Why that was left Chair understands the request. cost allowances for gifts, entertain- out we do not know, but it was left out. Mr. HARKIN. I understand it. ment expenses, education costs for The General Accounting Office has The PRESIDING OFFICER. Without spouses and dependents, Medicare does documented that these two exceptions objection, it is so ordered. not prohibit this. to Medicare law result in considerable Mr. HARKIN. We are working with In addition, Medicare does not explic- unnecessary losses. They found, for ex- the Finance Committee. What I sug- itly prohibit indirect cost reimburse- ample, that items as diverse as pace- gested I hope will be accepted in the ment for fines and other penalties im- makers were being billed as medical next day or two. posed by Federal, State, or local gov- supplies, and those claims were paid Mr. DOMENICI. You are going to ernments on health care providers. As because Medicare does not know what work with them on that account, such, providers can escape a fine by specific items they are being billed for. right? simply charging them back to Medi- In addition, the GAO found that pay- Mr. HARKIN. Yes. care. Well, as documented by the Gen- ments for surgical dressings could be Mr. DOMENICI. Have you sent your eral Accounting Office and the Office of reduced by half if more reasonable amendment to the desk? Inspector General, this lack of clarity prices were paid. For example, they Mr. HARKIN. Yes; I sent it to the in Medicare policy invites confusion found that Medicare pays $2.32 for a desk. and abuse. gauze pad whose wholesale price is 19 Mr. DOMENICI. There is time still For example, a report by the Office of cents and that another Government reserved in opposition to it. We have Inspector General found that Medicare agency buys for 4 cents, in this case not yielded back. had been billed for a portion of the cost the Veterans’ Administration. Again, The PRESIDING OFFICER. The of a sailing regatta for hospital em- Medicare is paying $2.32 for a gauze Chair understands.

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6078 CONGRESSIONAL RECORD — SENATE June 23, 1997 Mr. DOMENICI. We will probably mit a written request for a review of the ment that I would send to the desk in need a couple minutes, so let us leave itemized bill to the appropriate fiscal inter- regard to the copayment on home it to the reservation time. And he has mediary or carrier with a contract under sec- health services. I ask unanimous con- time, too. tion 1816 or 1842. sent for that. ‘‘(B) SPECIFIC ALLEGATIONS.—A request for Should the clerk report his amend- a review of the itemized bill shall identify— Would that be agreeable? ment so it will be ready? ‘‘(i) specific medical or other items or serv- Mr. DOMENICI. That would be satis- The PRESIDING OFFICER. The ices that the beneficiary believes were not factory, so long as it is understood, I clerk will report the amendment. provided as claimed, or say to the Senator, that it may be the The legislative clerk read as follows: ‘‘(ii) any other billing irregularity (includ- fourth, fifth, but it will be in order. The Senator from Iowa [Mr. HARKIN] pro- ing duplicate billing). Mr. KENNEDY. Fine. poses an amendment numbered 428. ‘‘(4) FINDINGS OF FISCAL INTERMEDIARY OR The PRESIDING OFFICER. Without CARRIER.—Each fiscal intermediary or car- objection, it is so ordered. Mr. HARKIN. Mr. President, I ask rier with a contract under section 1816 or unanimous consent that further read- 1842 shall, with respect to each written re- AMENDMENT NO. 429 ing of the amendment be dispensed quest submitted to the fiscal intermediary or (Purpose: To strike the provision relating to with. carrier under paragraph (3), determine the imposition of a copayment for part B The PRESIDING OFFICER. Without whether the itemized bill identifies specific home health services) objection, it is so ordered. medical or other items or services that were Mr. KENNEDY. Mr. President, I send The amendment is as follows: not provided as claimed or any other billing to the desk an amendment for myself irregularity (including duplicate billing) At the end of the bill add the following: and Senator WELLSTONE. that has resulted in unnecessary payments SEC. . IMPROVING INFORMATION TO MEDICARE under title XVIII. The PRESIDING OFFICER. The BENEFICIARIES. ‘‘(5) RECOVERY OF AMOUNTS.—The Secretary clerk will report. (c) CLARIFICATION OF REQUIREMENT TO PRO- shall require fiscal intermediaries and car- The legislative clerk read as follows: VIDE EXPLANATION OF MEDICARE BENEFITS.— riers to take all appropriate measures to re- The Senator from Massachusetts [Mr. KEN- Section 1804 of the Social Security Act (42 cover amounts unnecessarily paid under title NEDY], for himself and Mr. WELLSTONE, pro- U.S.C. 1395b-2) is amended by adding at the XVIII with respect to a bill described in poses an amendment numbered 429. end the following new subsection: paragraph (4).’’. ‘‘(c)(1) The Secretary shall provide a state- The amendment is as follows: (c) EFFECTIVE DATE.—The amendments ment which explains the benefits provided made by this section shall apply with respect Strike section 5362. under this title with respect to each item or to medical or other items or services pro- Mr. KENNEDY. Mr. President, I service for which payment may be made vided on or after January 1, 1998. under this title which is furnished to an indi- thank the floor manager. vidual, without regard to whether or not a SEC. . PROHIBITING UNNECESSARY AND WASTE- As I understand the procedure that FUL MEDICARE PAYMENTS FOR CER- we are following now, amendments are deductible or coinsurance may be imposed TAIN ITEMS. against the individual with respect to such Notwithstanding any other provision of being sent in and there will be an order item or service. law, including any regulation or payment that will be worked out by the man- ‘‘(2) Each explanation of benefits provided policy, the following categories of charges agers, both the Republican manager under paragraph (1) shall include— shall not be reimbursable under title XVIII and the Democratic manager, so that ‘‘(A) a statement which indicates that be- of the Social Security Act: cause errors do occur and because medicare there will be time so that Members will (1) Entertainment costs, including the fraud, waste and abuse is a significant prob- know when the vote will be expected. costs of tickets to sporting and other enter- lem beneficiaries should carefully check the As I understand from the previous dis- tainment events. statement for accuracy and report any errors cussions, there is the best expectation (2) Gifts or donations. or questionable charges by calling the toll- (3) Personal use of motor vehicles. it will be sometime either in the morn- free phone number described in (C) (4) Costs for fines and penalties resulting ing or in the early afternoon. (B) a statement of the beneficiary’s right from violations of Federal, State, or local Mr. DOMENICI. The Senator is cor- to request an itemized bill (as provided in laws. rect. section 1128A(a)); and (5) Tuition or other education fees for ‘‘(C) a toll-free telephone number for re- Mr. KENNEDY. I would not, in co- spouses or dependents of providers of serv- porting errors, questionable charges or other operating with the managers, obvi- ices, their employees, or contractors. acts that would constitute medicare fraud, ously, take much additional time. I waste, or abuse, which may be the same SEC. . REDUCING EXCESSIVE BILLINGS AND would like to be able to at least pre- number as described in subsection (b).’’. UTILIZATION FOR CERTAIN ITEMS. serve some time to allow for a brief (b) REQUEST FOR ITEMIZED BILL FOR MEDI- Section 1834(a)(15) of the Social Security Act (42 U.S.C. 1395m(a)(15)) is amended by comment. But I will follow our leaders CARE ITEMS AND SERVICES.— on these issues, and try to ensure we (1) IN GENERAL.—Section 1128A of the So- striking ‘‘Secretary may’’ both places it ap- cial Security Act (42 U.S.C. 1320a-7a) is pears and inserting ‘‘Secretary shall’’. are able to move in an expeditious way. amended by adding at the end the following SEC. . IMPROVED CARRIER AUTHORITY TO RE- Mr. DOMENICI. Would Senator KEN- new subsection: DUCE EXCESSIVE MEDICARE PAY- NEDY just yield? MENTS. ‘‘(m) WRITTEN REQUEST FOR ITEMIZED Mr. KENNEDY. Yes. BILL.— PAYMENT FOR SURGICAL DRESSINGS.—Sec- The PRESIDING OFFICER. The Sen- ‘‘(1) IN GENERAL.—A beneficiary may sub- tion 1834(i) of the Social Security Act (42 ator from New Mexico. mit a written request for an itemized bill for U.S.C. 1395m(i)) is amended by adding at the end the following new paragraph: Mr. DOMENICI. My impression, with medical or other items or services provided a brief observation, is that the amend- to such beneficiary by any person (including ‘‘(3) GROSSLY EXCESSIVE PAYMENT an organization, agency, or other entity) AMOUNTS.—Notwithstanding paragraph (1), ment is subject to a point of order. that receives payment under title XVIII for the Secretary may apply the provisions of There is no intention at this point in providing such items or services to such ben- section 1842(b)(8) to payments under this sub- any discussion to in any way waive eficiary. section.’’. points of order against the amendment ‘‘(2) 30–DAY PERIOD TO RECEIVE BILL.— SEC. . ITEMIZATION OF SURGICAL DRESSING if they lie. ‘‘(A) IN GENERAL.—Not later than 30 days BILLS SUBMITTED BY HOME Is that correct, Mr. President? HEALTH AGENCIES. after the date on which a request under para- The PRESIDING OFFICER. The graph (1) has been received, a person de- Section 1834(i)(2) (42 U.S.C. 1395m(i)(2) is scribed in such paragraph shall furnish an amended to read as follows: points of order are not made by these itemized bill describing each medical or ‘‘(2) EXCEPTION.—Paragraph (1) shall not arrangements. other item or service provided to the bene- apply to surgical dressings that are fur- Mr. DOMENICI. I say to Senator ficiary requesting the itemized bill. nished as an incident to a physician’s profes- KENNEDY, each amendment has an hour ‘‘(B) PENALTY.—Whoever knowingly fails sional service.’’. on each side, and I am not attempting to furnish an itemized bill in accordance Mr. KENNEDY addressed the Chair. to change that. with subparagraph (A) shall be subject to a The PRESIDING OFFICER. The Sen- Mr. KENNEDY. Fine. Good. I appre- civil fine of not more than $100 for each such ator from Massachusetts is recognized. ciate that. failure. Mr. KENNEDY. Mr. President, I see Mr. DOMENICI. I think tomorrow we ‘‘(3) REVIEW OF ITEMIZED BILL.— ‘‘(A) IN GENERAL.—Not later than 90 days the floor manager. will narrow it down. after the receipt of an itemized bill furnished I was wondering if we could follow Mr. KENNEDY. We will cooperate under paragraph (1), a beneficiary may sub- the same procedure with an amend- with the floor managers.

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 23, 1997 CONGRESSIONAL RECORD — SENATE S6079 Mr. DOMENICI. Thank you. health care. However, the sicker sen- and in her optimism about the future. Mr. KENNEDY. We believe this is in iors spent $5,600 out of their own pock- She is not asking for very much. She is order. But we will have an opportunity ets for cost-sharing related only to just saying, ‘‘I can just about make to address that issue at the appropriate Medicare coverage services. Now the ends meet now, but, if you pass this co- time. Senate Finance Committee is asking payment, I will have to give up stretch- Mr. President, I rise this afternoon to them to spend up to $760 more. ing exercises to keep me from further offer an amendment to strike the new I understand that some of my col- disability, or the ability to be able to copayment for Medicare’s home health leagues are interested in increasing get out of bed and get dressed and patients. Without warning, the Finance cost sharing because they feel it would cleaned up in a manner that allows me Committee has imposed a tax on Amer- lead to a reduction in utilization and, to retain my sense of respect and dig- ica’s seniors of nearly $5 billion in new therefore, a reduction in Medicare nity and self-value and joy, or cut back copayments for part B home health spending. It is important to note, how- on prescription drugs or food or heat- services. ever, that cost-sharing is a blunt tool ing of my apartment during the win- This cruel and unexpected provision, to express change. It may reduce utili- ter.’’ She makes that case, Mr. Presi- which was not debated or voted on in zation but the goal is to reduce unnec- dent. the committee and is not necessary to essary utilization. It is almost certain We have to ask ourselves what was meet the committee’s reconciliation this policy will fail to meet this objec- the sense of urgency in this legislation. targets, will fall primarily on the old- tive. Those funds were not even needed in est, poorest, and sickest Medicare Let me remind my colleagues that terms of balancing the budget. We beneficiaries. home health services were exempted ought to look at all the provisions—not Let me repeat that. The nearly $5 bil- from part B coinsurance in 1972 to en- only of this bill, which is the cutting of lion that is raised by this provision is courage use of less costly noninstitu- the spending programs—but also in the not necessary to meet the require- tionalized services. Reimposing a co- tax bill, to see who will benefit, where ments of the budget agreement. None- payment will undermine that effort. the pain is coming, where the fairness theless, it was put into the agreement. We removed cost-sharing requirements is. Why? The best estimate is that those on home health care in 1972 specifically I daresay I think those in the major- will be used for tax reductions, perhaps to reduce utilization, to the extent ity will be hard pressed at the end of for the wealthier individuals. that we could in an appropriate health the day to think that this kind of fi- I am sure that some in the Senate context, of services in acute hospitals nancial burden and anxiety—even will justify to the American people this and in high-cost medical delivery sys- though these are only $5 payments that change and the other dangerous pro- the individual will have to pay—that tems. We wanted to encourage the pro- posals in this bill by claiming they are ought to be used to balance the budget. vision of home health care, which pro- needed to preserve Medicare for future The amendment that I offer, joined by vides very important services and does generations. This could not be further Senator WELLSTONE, will give the op- so less expensively than in acute care from the truth. portunity for the Senate to go on As I understand, the agreement settings. It was the belief at that time, and it record opposing this proposal. worked out in the bipartisan budget Finally, Mr. President, this new co- is my belief now, that burdensome negotiations was to stabilize the Medi- payment will be an unfunded mandate cost-sharing can seriously threaten the care trust fund for at least 10 years and on the States. I ask for the attention of health of the frail elderly, particularly to establish a commission that will our colleagues who are so concerned those who are hard pressed to make make recommendations to preserve about unfunded mandates on the Medicare for the future. ends meet. Imposing a $5 new copay- States. Medicare beneficiaries who The proposal we are debating now ment will reduce access for those who qualify for assistance from State Med- does neither of these things. It estab- need the services the most. If we are icaid programs have higher use of home lishes a $5 copay that will affect the interested in reducing home health health care services. In fact, the very oldest, the sickest, and the poorest sen- care utilization we ought to first look poorest, who are eligible for Medicare ior citizens. This provision preys pri- at ways to alter the behavior of pro- and Medicaid, are twice as likely as marily on the elderly women who are viders, as we have done in the bill’s other Medicare beneficiaries to use the dependent upon Medicare and the home proposed payment reform, before forc- home health benefits. As a result, health care system. ing the sickest beneficiaries to pay State Medicaid programs will have to The assault on Medicaid that began more. absorb the new copayments for these Mr. President, just a few moments last Congress is continuing with full beneficiaries. force. Congress should reject this just ago we had some excellent com- CBO estimates, Mr. President, that as we rejected it last year. There is no mentary from Marian Brown, an 82- the additional State and local costs of rationalization, none whatsoever, for year-old widow who lives independ- home health copayment would amount Congress to rush forward with ill-con- ently in Marlow Heights, MD. She has to $700 million over the next 5 years. I sidered changes in Medicare under the numerous health ailments and is con- hope we are going to have the time and thinly veiled pretext of balancing the fined to a wheelchair. She is treated opportunity to hear the rationale and Federal budget. None of these basic three times a week by a home health justification for this misguided pro- changes in Medicare were part of the aide who tends to her physical trou- posal. States are usually quite clear in budget agreement. bles, spending 2 to 3 hours in her home their opposition to unfunded mandates. It is the height of hypocrisy for those on each visit. Her annual income is Mr. President, Medicare is still one who voted against including the Hatch- $6,786. She simply cannot afford to of the most successful social programs Kennedy children’s health plan in the spend an additional $15 a week, $60 a ever enacted. It has brought health agreement last month to make this as- month, or $720 a year on copayments care and health security to tens of mil- sault on Medicare part of the agree- for these necessary visits. She spoke lions of senior citizens. We can deal ment this month. articulately and compellingly about with the financial problems of Medi- When we brought that measure up what this particular proposal would care but we must do it the right way, here, we were told that this is going to mean to her. She has difficulty with not the wrong way. break the budget agreement, even her hip, but doctors do not want to op- Our goal is to save Medicare, not de- though it is completely paid for. Now, erate because of a serious heart condi- stroy it. Our priority should be to keep we have before us a plan to collect $5 tion. Yet her hip prevents her from the promise of medical and financial billion in copays from elderly widows being able to move in and out of the security for senior citizens that Medi- and the poorest in our society. Under bathtub. It prevents her from being care provides. We are the guardians of this proposal, we would collect $5 bil- able to wash her own feet. that promise and we should oppose any lion that is not even necessary to meet She is a very proud individual who schemes that violate it. the terms of the budget agreement. takes great delight in living where she There is no question that Medicare In 1996, Mr. President, Medicare bene- does with her friends and associates, will face serious challenges in the next ficiaries spent an average of $2,605 on and has a great sense of joy about her century as a result of the retirement of

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6080 CONGRESSIONAL RECORD — SENATE June 23, 1997 the baby-boom generation. Today there of folks who do not need it, who can Mr. LAUTENBERG. The Senator is are nearly four adults of working age get by very comfortably without it, correct. for every senior citizen. By the year and here we are talking about $5 out of Mr. KENNEDY. Also this was not 2030, that ratio will be down to two the pockets of the poverty stricken, voted on specifically in the Finance workers for every senior citizen. There typically those who need help, and Committee, and it is not necessary to is a right way and a wrong way to re- whose only contact often with the out- balance the budget. It was added on in spond to that challenge, and the wrong side world is with these groups, and the Finance Committee, as I under- way is to destroy the program under they want to charge them $5 to have stand, without even an up-or-down the guise of saving it. somebody come by. vote, and here we are faced with the I urge my colleagues to vote to strike I commend the Senator from Massa- fact that millions of our seniors will be these unfair and unnecessary provi- chusetts and I support him. I yield the faced with this issue unless we move to sions from the reconciliation bill. floor. strike it on the floor. Mr. LAUTENBERG. Mr. President, I Mr. KENNEDY. If I could, and I see Now, since I have the Senator’s at- want to commend my colleague from Senator WELLSTONE ready to speak on tention, am I correct in my under- Massachusetts for being on the alert this, but just before the Senator sits standing that $1.5 billion in premium here. I worked very hard with my dis- down, does the Senator understand assistance for low-income beneficiaries tinguished chairman from the Budget what the Finance Committee was doing was included in the agreement? Committee to try and assemble a con- since this is a benefit that comes from Mr. LAUTENBERG. Yes, that is true. sensus agreement that we could all part B. They are using the deductible That was designed originally to pay, support, and suddenly now we are of- limit in A which is $760, which is a lot through Medicaid, for those who were fered a change and that change says, more, obviously, than part B which is up to 150 percent of poverty, any in- ‘‘Well, senior citizens who have home just $100. crease in premium that might occur. health care pay $5.’’ It sounds trivial Here they are taking something Mr. KENNEDY. So the agreement in- almost, but Mr. President, when we which is basically a benefit, they are cluded $1.5 billion to offset that in- have someone who needs sometimes tying it to the higher deductible to creased premium, but it was not done two, sometimes three visits a day to make the seniors pay more. I find that under the Finance Committee’s bill, keep them going, $100 a week, when the somewhat troublesome, as well. It is am I correct? average for many of these people, just a way of maneuvering the system. Mr. LAUTENBERG. The Senator is I am just wondering if the Senator whose income is $15,000 a year or less— correct. also is struck by the fact that States you get up to $3,000, $4,000, or $5,000 a Mr. KENNEDY. So this bill has are going to be involved in collecting year, that is torment. That takes away short-changed low-income senior citi- this? Even in the poorest of the cir- their very life sustenance because they zens $1.5 billion, and then asked them cumstances, they are going to have a cannot afford the rent, they cannot af- to pay $5 billion on top of that. And requirement to do so. We will not be then created an MSA demonstration, ford the heat, they cannot afford the helping any of the States to do it. We which is going to cost about $400 mil- nutrition. hear a great deal about mandates On top of that, to impose this new lion. We already have an MSA dem- around here, I would have thought this burden, I say, Mr. President, the Sen- onstration project. would be a matter of concern to some ator from Massachusetts is always on Mr. LAUTENBERG. Not for the of those that were troubled by un- the lookout for a balance in our society Medicare Program. funded mandates. Mr. KENNEDY. My point exactly. to try and provide equal service to Mr. LAUTENBERG. The Senator is The Kassebaum-Kennedy bill created a those who need help—the promise for correct. The one thing that I found demonstration for those in the private the future, an education for their chil- most disturbing about the proposals market. We ought to first evaluate dren—Senator KENNEDY is always that have come in the reconciliation is that proposal, on which we are already there. In this case I must tell you, I the fact that suddenly we are in to a heartily agree with him. whole new area having very little to do spending nearly $1.5 billion, before The target group are people, usually with the mission that we have set out doling out scarce Medicare funds in a women, 75 on balance in years, with in- for us, to get a balanced budget, to try wild experiment sure to benefit only comes of under $15,000. They are old, at the same time to invest in edu- insurance companies and the healthy very often frail, sick people who do not cation, to try at the same time to and wealthy. take home health care if they can get make sure impoverished senior citizens And then we are going to return to out of their homes, if they have any do not have to pay more as a result of the days of balanced billing. Certain mobility, if they have any opportunity the transfer of home health services to private plan options will allow doctors to go visit the doctor. These are often part B—all of those things. to overcharge, or balance bill. We have, critical, life-sustaining services that Suddenly, now we are seeing that over a long period of time, prohibited they need. something might be called bait and Medicare providers from balanced bill- Some argue, Mr. President, that switch, where senior citizens are being ing and encouraged them to take Medi- most people subject to this copayment told now, well, you may have to pay a care payment as payment in full. Re- will not really pay because they have higher premium for your part B, your leasing these important consumer pro- Medigap policies that cover copay- deductible may be going up, that the tections will undoubtably force seniors ments and deductibles. That is mis- most modest-income person would have to pay more. It doesn’t take any leading because a new copayment to pay $5, perhaps to get an insulin stretch of the imagination—and I ask would lead to increased Medigap pre- shot or something like that. Five my friend and colleague if he would miums. So seniors would either have to bucks, when you ain’t got it, to put it agree with me—to envision doctors pay the new copayment or their insur- crudely, is an awful lot of money. moving out of Medicare to form one of ance bills would go up. Either way, the These people do not have it. They do these private plans and invite their bottom line would be higher out-of- not have contact with the outside Medicare patients to ‘‘come into our pocket costs. Already, seniors typically world. They are frail, they are elderly. program.’’ Seniors will follow their pay more than 20 percent of their in- For God’s sake, where is our conscience doctors and find themselves being over- come on these costs. on these things? charged in those circumstances. That As the Senator from Massachusetts Mr. KENNEDY. I think the state- is what happened in the past. Is the said, unfunded mandates, States will ment that the Senator makes is enor- Senator concerned about that? have to come up with $700 million, I mously important, since he is the Mr. LAUTENBERG. Yes. They are think is the figure the Senator used. ranking member of the Budget Com- going to have to pay additional funds This is not a particularly good way to mittee. As I understand what he is say- for services that, otherwise, they get this bill back on track, especially ing, this was not part of the budget might not. And it’s true that, in the when we know immediately hereafter agreement. We do not need that $5 bil- past, we have not permitted the so- in the next part of the reconciliation lion to meet the terms of the budget called balanced billing, which simply we will be looking at tax relief for lots agreement. says the service was advertised or

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 23, 1997 CONGRESSIONAL RECORD — SENATE S6081 talked about at this level and now it is been a leader in terms of responsible who have pretty high incomes, and it at a higher level, so you are going to economic policy and has a challenging may not sound like much to those of us get a bill for it. position in representing our side in the Senate, because we earn a fair Mr. KENNEDY. Was that in the budg- through these negotiations. We have amount of income; but to people living et agreement? Balanced billing was de- great respect for someone who under- on maybe $500 a month, and that’s it, bated last year, in the last Congress stands this process so well. I am grate- this $5 copay for a home health visit is here, and we were given assurances ful for his response. I thank my friend really worry about it. I am hoping that that it wasn’t going to be part of the and colleague, Senator WELLSTONE, we will have very strong support here budget agreement when we were talk- also, for his strong support for this par- on the floor of the Senate. ing then. I don’t remember much dis- ticular amendment. Mr. President, I think that part of cussion about that prior to the time How much time does the Senator the direction of where we are heading that we voted on this issue here. I need? in health care—and I wish there had think that what is important here—we Mr. LAUTENBERG. Mr. President, I been more discussion. Part of the prob- have not even talked about the issue of thank the Senator. I am prepared to lem is that these reconciliation bills the part B deductible and what that yield as much time as the Senator from that are fast-tracked don’t give us will mean to seniors and the additional Minnesota needs. much of an opportunity to really talk out-of-pocket expenses they will have Mr. KENNEDY. I think I have time about policy and its impact on people’s in that area—is that these provisions on my own, is that correct, Mr. Presi- lives. Too much of the discussion is are going to have a dramatic adverse dent, on the amendment? adding and subtracting numbers. Too impact on seniors, and it was not man- The PRESIDING OFFICER. The Sen- much of the discussion is statistics. I dated in the budget agreement. This is ator from Massachusetts controls 33 don’t think we are looking at some of all in anticipation of a commission more minutes on his amendment. these proposals—I am not saying all of that the bill sets up to try and review Mr. KENNEDY. I see both the man- them—very carefully. To that extent, the Medicare system for the future. ager on his feet and also I have my some of the things in this bill are a Mr. LAUTENBERG. If I may ask the friend and colleague who wanted to rush to recklessness, which I think this Senator a question, this isn’t, I take it, speak. The floor manager is perhaps is. your idea of a particularly good way to the busiest person. I want to be accom- Mr. President, if anything, we want make reforms in something as com- modating to him. Otherwise, I will to make sure that as many elderly peo- plicated as Medicare, and I could not yield 7 minutes to the Senator from ple as possible—or, for that matter, agree with you more. This is fast-track Minnesota. people with disabilities—can live at legislation, which means—for those The PRESIDING OFFICER. The Sen- home with dignity. That is what we are who are not familiar with the termi- ator from Minnesota is recognized. trying to do. And what we are doing nology—that this is supposed to zip Mr. WELLSTONE. Thank you, Mr. here is, we are saying to senior citi- through this place. This was not part of President. I just want to put this in a zens—especially low-income, and the the consensus agreement we labored little bit of context. There was a piece income profile of elderly people is not over for months in order to strike a today in the New York Times head- that high—we are saying, you know, we budget agreement that could pass mus- lined, ‘‘Study Shows Tax Proposal are going to start charging a $5 copay. ter and would be a consensus bill. This Would Benefit the Wealthy.’’ This is And for a lot of these people, this isn’t now is recommended by the Finance when we get to the tax part of the rec- going to work. What is going to happen Committee in terms of their reconcili- onciliation bill. is, they are not going to get the help ation on expenditures. I quote: they need; it is that simple. I have been a loyal trooper in defend- The changes in Federal tax and benefit I don’t think this amendment is ing the consensus agreement. But this, policies now working their way through Con- about party strategy or taking shots at in my view, is certainly outside the gress would eventually be worth thousands somebody. I don’t think it is about any pale. I am not any happier than the of dollars a year to the 5 million wealthiest of that. This amendment speaks to a Senator is. families in America, while the 40 million policy discussion that I don’t think we Mr. KENNEDY. I appreciate that. We families with the lowest incomes would actu- have had. I actually think that is part will have a chance to address these in ally lose money, a new study shows. of the problem. I just think it is hard accordance with the way the amend- This is the Center on Budget and Pol- to do that on these bills. But this par- ment process goes during the next cou- icy Priorities. Their work, generally ticular proposal—on this provision that ple of days. I am very grateful for the respected in academic circles, indicates was put in by the Finance Committee, Senator’s comments because I think it that after-tax incomes of the richest 1 I don’t think there was an up-or-down is important, as we address these percent of Americans—those with in- vote. I think it was part of an overall issues, not to confuse what is necessary comes above $300,000 a year for a family chairman’s mark. I think it is pro- to preserve the financial integrity of of three—would ultimately be in- foundly mistaken. I just think it was a the Medicare system—as this bill does creased by an average of $27,000 a year. mistake. I don’t think this is the way for at least 10 years—with these other ‘‘Families of three with incomes we need to be generating revenue. This proposals that could destroy it. I dare- below about $17,000 a year would end up is not the place where we want to make say that those additional costs to sen- with about $60 a year less than they the cuts. iors will reflect themselves by the end have now.’’ I could carry on, and I will later on of the week, along with the additional Mr. President, let me just say that, by marshaling a lot of evidence about tax relief for very wealthy individuals in this context, I know colleagues the tax part, which I still think is way and corporations. worked very hard in the Finance Com- too tilted to those at the top. But for I daresay I was so interested when mittee, and I also know people were up right now, let me simply say, since we my friend, the majority leader, was very late, and we did not have a chance are talking about Medicare, let me talking about how the amendment that to study every particular proposal. The enter into a policy discussion and just Senator HATCH and I offered to extend copay for home health services makes say to all Senators—Democrats and health insurance to children would be a no sense at all. This proposal is pro- Republicans alike—I hope there will be budget buster because it is financed by foundly mistaken. strong support for this amendment an increase on the cigarette tax. And I am very proud to support Senator that Senator KENNEDY has introduced then the Finance Committee, with his KENNEDY’s amendment. Sixty-six per- and that I am a cosponsor of. In this support, turned right around and of- cent of the recipients of home health particular case, it is not a matter of fered a 20-cent per pack cigarette tax services are over the age of 75; 43 per- numbers. You are really talking about increase. It’s only a small part of it, cent of them have incomes under a provision or proposal that could have but it is amazing the way all of this is $10,000 a year; 66 percent are women a very, very negative impact on some being proposed. and 33 percent live alone. As Senator of the most vulnerable citizens in this I thank my colleague and friend from LAUTENBERG pointed out, a $5 copay country. I don’t think there is one Sen- New Jersey for his response. He has may not sound like much to people ator in here who wants to do that.

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6082 CONGRESSIONAL RECORD — SENATE June 23, 1997 Now, if there are some alternatives program. And that is the reason for Republicans, and all the Democrats and other proposals, fine. But this was this change. supported the fact that something had a mistake. We ought not to be doing Again, I want to stress the fact that to be done about these spiraling costs this $5 copay on home health visits for those who are 100 percent of poverty or of home health care. Am I somewhat very elderly people, most of them very less will have this copayment of $5 paid correct? vulnerable, most of them very low-in- by Medicaid. And they will not be out Mr. ROTH. I would just point out come. of pocket. So they are protected. that the Senator is absolutely correct. So I rise to speak on behalf of this Mr. DOMENICI. I thank the Senator. The proposal was adopted unanimously amendment. I am proud to be an origi- Mr. DOMENICI addressed the Chair. by the committee, both Democrat and nal cosponsor, and I hope we will get a The PRESIDING OFFICER. The Sen- Republican. As I said, it was done in tremendous amount of support for it ator from New Mexico. such a way as to try to make the bene- tomorrow. Mr. DOMENICI. I reserve 5 minutes ficiaries be more careful in its utiliza- Mr. President, I yield the floor. of my time, and then I want to yield to tion. Mr. DOMENICI. Mr. President, I Senator ROTH if he is ready to offer the I would point out that the question should note that the members of the amendment. was raised, why did we use the $760 lim- Finance Committee who support the Let me just make a couple of points. itation? The reason for that is that proposal that is here before us will be Obviously, the seniors in the country, under part A, many people, after being here tomorrow to debate the issue. and even the AARP—not specifically in a hospital for 3 days, will utilize Senator ROTH is here now. I assume with reference to this $5 deductible, home health care. They do not pay the he will present his amendment and not but with reference to home health $5 fee, but instead they pay $760. So argue against the Kennedy amend- care—there was a general under- that was the ceiling that was set under ment, but I assume in due course there standing that when we moved a part of part A, and we carried that over to part will be adequate opportunity to present home health care from the trust fund B. There the beneficiary pays $5 per the views. to the part B, which is paid for by the visit but not in excess of $760. Mr. ROTH. Mr. President, will the general taxpayers, working men and Mr. DOMENICI. I wonder if I might Senator yield? women with kids who do not have any inquire for my own management rea- Mr. DOMENICI. Of course. insurance and nobody gives them any, sons. I understand that the Senator is Mr. ROTH. I would like to make a when we moved it to the general fund working on two amendments from the comment or two on the question—— and the ratio of payment was 25 per- committee that he would like to get in Mr. DOMENICI. On the question of cent for seniors and 75 percent for the today before we close. Is that correct? the Kennedy amendment? rest of the taxpayers, that in exchange Mr. ROTH. That is correct. We are Mr. ROTH. Yes. for moving the home health care to waiting for certain figures from the Mr. DOMENICI. Of course I will yield that part B, there would be some addi- Congressional Budget Office. As soon whatever time the Senator desires. tional fee. as we have those, we expect to be in a Mr. ROTH. The problem that has I am not arguing that every fee that position to offer those amendments. been faced in Medicare is the explosion was imposed—it seems like there were Mr. DOMENICI. Might that be rel- of costs in home health care. It has two—that those were agreed upon, nor atively soon? been going up something like 30 per- am I speaking for anyone whose name Mr. ROTH. That is my under- cent a year. Obviously, that kind of in- I just used. But, obviously, the agree- standing, I say to the distinguished crease cannot be permitted if we are ment contemplated that if we moved chairman. going to salvage and strengthen the part of some or all of that home health Mr. DOMENICI. Senator KENNEDY, I Medicare Program. care that was under 100 days, it more see, is still on the floor. I wonder if I Just let me point out that Medicare likely belonged with a doctor instead might ask a question regarding some spending on home health services in- of with the hospital, that there would management aspects. creased most dramatically in the last be some additional premium paid into What we have been doing is, we decade. In 1989–90, it went up 53 per- the part B, the 25 to 75 ratio that I haven’t been finishing the debates on cent; 1990–91, it went up 44 percent; have just described. any of these amendments, and we are 1991–92, it went up 40 percent again; Second, the Senator from Massachu- holding them until tomorrow and will 1992–93, 30 percent; 1993–94, 30 percent; setts, Senator KENNEDY, raised $1.5 bil- be stacking the amendments in 1994–95, 19 percent. So, basically, it has lion on the agreement, and says that managementwise sequence. I myself been going up roughly 30 percent. when the new fee is imposed we will am very desirous of leaving the Senate There has been an increase in bene- use $1.5 billion to accommodate the shortly and leaving it to Senator ROTH ficiaries using home health care. There lower income seniors so they won’t be to offer two additional amendments, has been an increase in the number of burdened by the new fee. I understand and perhaps the Senator from Min- visits per beneficiary. There has been the distinguished chairman of the Fi- nesota wanted to offer one more. And an increase in the number of agencies nance Committee, when he offers a that would be all we would do this providing care. So the payment system broad amendment in some other areas, evening. has not controlled the utilization of is going to take that $1.5 billion into How much more time would the Sen- home care. There is the reason that we cognizance and do something about ator like to use this evening? have put this $5 copayment. rectifying what is clearly a misunder- Mr. KENNEDY. I would just make a Let me point out that it is particu- standing and a shortcoming in the Fi- brief comment, maybe 5 or 7 minutes, larly important to understand that nance Committee bill vis-a-vis the perhaps. those who are 100 percent of poverty or agreement. Mr. DOMENICI. I yield the floor. less will have this $5 fee paid by Med- With reference to the agreement that Mr. KENNEDY addressed the Chair. icaid. So those who are under poverty we worked out, it is clear that there is The PRESIDING OFFICER. The Sen- are protected. no restriction on the Finance Com- ator from Massachusetts And that is the idea of the program. mittee or any other committee to do Mr. KENNEDY. Mr. President, the We want those who are over 100 percent more than contemplated in the agree- Senators respond that there has been of poverty to be careful in their utiliza- ment. So we cannot look to the agree- an increase in the utilization of home tion. The program is there. It is a good ment every time a committee does health care. Well, it isn’t the patient program. In many cases, it can save something. What we do is we look at it who says, ‘‘Look, I want to go home in- money because it is better to have to make sure they did at least as much stead of going to the hospital.’’ The home health care than to put a person as we asked. And, in the case of the person that does that is the doctor. into a hospital. issue before us, I understand it was al- If you have problems with overutili- But the problem is that the costs most unanimous in the committee. zation, do something about the pro- have exploded. Somehow we have to You all can argue that as a com- vider but not the patient. The patient make sure that the beneficiaries are mittee later this evening or tomorrow. follows what the doctor recommends. If more careful in their utilization of this This was not all Republicans. It was the provider says either you have to go

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 23, 1997 CONGRESSIONAL RECORD — SENATE S6083 to the hospital or we can take care of stay out of the hospital. That saves our mittee by Republicans and Democrats this back home, it isn’t the patient health care system a great deal. alike. The reason it was agreed to is that is overutilizing. They are respond- This comes at the same time that the because it is important that these vis- ing to options prescribed by the med- Finance Committee ignored instruc- its be available but they be used pru- ical profession. So we shouldn’t penal- tions to honor a clear commitment to dently and not without consideration ize our senior citizens and our frail sen- provide $1.5 billion in premium assist- to the cost. That is the reason we ior citizens for behavior they can’t nec- ance for low-income elderly. added it. essarily modify. Time is not going to erase this injus- Again, I want to emphasize that There are those who say, ‘‘Look, tice. You can say that the clock will be those 100 percent under poverty will Medicaid will take care of the costs of tolled at noontime on Wednesday, but not pay this $5 fee. It will be paid by the poorest seniors.’’ That may be true, it is not going to erase the fact that in Medicaid for them, so they are pro- first of all, if the beneficiaries know that bill tonight frail seniors are re- tected. But again, in reforming and re- about the financial assistance. But we quired to pay $5 billion more, that the structuring Medicare, we are trying to see many people fall through the $1.5 billion to defray premiums for low- do it in such a way that it strengthens cracks because they are not aware of income seniors is nowhere to be found, and preserves the program for the long this assistance. Some estimates indi- and that the bill costs Medicare $400 term. That in turn means it is essen- cate that only 10 percent of eligible million in trial MSA’s. tial that the utilization be done care- senior citizens take advantage of this This is where we are. This is where fully, and that is what we seek to do offer. And, basically, you are talking we come in order to have a balanced and that is what the Finance Com- about individuals whose income rests budget? In order to have tax breaks of mittee unanimously adopted. near $7,700. So, even if those in poverty billions of dollars—billions of dollars— Mr. KENNEDY. Will the Senator may be taken care of by Medicaid, just 3 days from now. yield for a question? what do we do about the near poor? That is the dichotomy here. This is Mr. ROTH. Yes. Mr. KENNEDY. Will the Senator What about the senior citizen whose the light Republican effort. Last year, yield? Are you using the $5 billion for income is $8,000? What about the senior we had the major Medicare cuts for other Medicare benefits for our elder- citizen whose income is $9,000, $10,000, major tax breaks and now we have ly? Are you saying we will use the $5 $11,000, $12,000? We are asking them to smaller cuts to see how much they can billion raised through the new copay- pay up to $760 more this year, and the get away with. You only have 20 hours ment to try to help the elderly, for ex- cap will rise each year according to the on the floor of the Senate for this bill. ample, on prescription drugs, foot care, rise in the inpatient hospital deduct- The majority has decided to see what it dental care, or eye care? Are we taking ible. For what reason? It was never ex- can get away with in this first bill, and the $5 billion, which you say is a result then move to provide the goodies later plained to us. It was never voted on. of overutilization, and investing it in With all respect to the deliberations in the week. the elderly for their health care needs, of the Finance Committee, this wasn’t This is a bad deal. This is a bad deal or are we taking the $5 billion and put- even debated. for senior citizens. It is a bad deal for ting it aside to be used for tax breaks? Here we are on the floor of the U.S. parents. It is a bad deal for aunts and Mr. ROTH. I point out to the distin- Senate at 5 o’clock, with an hour’s de- uncles. It is a bad deal for children. guished Senator from Massachusetts bate on something that is going to af- And at the end of the week, we are we have added a number of preventive fect millions of elderly, frail senior going to see the distribution of these services for the sick. For example, we citizens, many of whom are widows be- tax breaks going, again, to the upper now permit mammography testing to tween 75 and 80 years old. Look at the incomes. be made, colorectal testing or screen- profile of who is going to be affected by It is absolutely, fundamentally ing; we also permit diabetes home care this. wrong, and we are not going to let this matching. So we have added a number It wasn’t even discussed. We weren’t go along without getting rollcall votes of things. But again, overall, we are voting and saying, ‘‘Look, vote for this and having Members make a judgment trying to put this program in such because we are going to collect $5 on and decision on those items so that shape that it will survive in the long the frail elderly.’’ To help pay for they will hear it when they go back to term. Unfortunately, in the area of what? For a tax break. their constituents and the elderly peo- home health care, the costs have ex- We wouldn’t be having this debate if ple and answer to them why they want- ploded. Let me mention again that it were not for the tax break for ed to move ahead in that direction. It home health care in 1989–90 went up 53 wealthy individuals. The reason we are is wrong. percent; 1990–91, it went up 44 percent; having this is because of the next bill We will continue this debate tomor- 1991–92, 40 percent; 1992–93, 30 percent; that we are going to consider provides row. Mr. President, I withhold the re- 30 percent again in 1993 and 1994; 19 per- tax breaks for wealthy individuals. The mainder of my time. cent in 1994 and 1995. Finance Committee has said ‘‘We need The PRESIDING OFFICER. Who Let me point out further that other to squeeze the elderly.’’ Otherwise, we yields time? groups, such as the Commonwealth wouldn’t have this debate. Mr. ROTH addressed the Chair. Fund, support the idea of a $5 copay. In No one was saying at the beginning The PRESIDING OFFICER. The Sen- a report issued by the Commonwealth of the session, we really have to go out ator from Delaware. it says that ‘‘this is a sensible ap- and stop our elderly from overutilizing Mr. ROTH. I yield myself such time proach which would make beneficiaries health care services. No one said, by as I may take. I say to the distin- sensitive to use but not form a barrier God, one of the real problems we are guished Senator from West Virginia I to care.’’ facing in this country is to get those will be brief so that he can be recog- I yield back the floor. frail seniors to pay more so they won’t nized. Mr. KENNEDY. Mr. President, I use it. No, no, no. That wasn’t even Again, I want to emphasize what the know we are going to have a statement talked about by the proponents of the factual situation is. The fact is that by the Senator from West Virginia, but balanced budget. home health care has been exploding at the point is that the preventive serv- Who are the people now that use the roughly 30 percent a year or more, and ices, which I commend, were included home health services? Sixty-six per- this kind of increase in cost cannot be in the President’s proposal and are paid cent are over 75 years of age. Almost permitted if we are going to strengthen for under the budget that had been sub- half of them have incomes below and preserve Medicare for the long mitted by the President. $10,000. Sixty-six percent are women, term. So the proposal has been made to So this investment, while I support and 33 percent live alone. put a $5 copayment fee on each health it, does not quite jell, because the pre- So there you have it. You are talking care up to a limitation of $760, which is ventive programs that have been men- about women 75 to 80 years old. You what is paid as a deductible under part tioned now were already included prior are talking about those with incomes A. to the creation of this new copayment. of $7,000, $8,000, $9,000, or $10,000, that This matter was discussed and unani- Second, I did not think we were look- need these home health services to mously agreed to in the Finance Com- ing at the overall long-term changes in

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6084 CONGRESSIONAL RECORD — SENATE June 23, 1997 Medicare. We wanted to get the 10 work Convention on Climate Change, major sectors of the U.S. economy. years of solvency that had been sup- the so-called Rio Pact, signed in 1992, There were no discussions of bringing ported by the President and other and approved by the Senate. The Rio the developing world into the play. I Members of the Congress and then deal Pact called upon the industrialized na- highly commend President Clinton for with the long-term issues. I think if tions to aim to reduce their greenhouse resisting these surprising new pres- the Senator wanted to, we could spend gas emissions to their 1990 levels by the sures to deviate from the Kyoto track, some time looking at the increase of year 2000, a goal which will not be and set targets for very sharp new lev- home health care and the decrease in achieved by the U.S. or by most of the els of reductions. Those nations should hospitalization. industrialized nations. know that the United States Senate But the bottom line is patients go, by As a result of the failure of most of stands strongly behind the President in and large, in the health care system the industrialized world to meet this resisting these pressures. Reductions where the doctor tells them. If the doc- voluntary commitment to reduce Car- must be fair, well-managed, well- tor tells them, you need to get to that bon dioxide emissions, the parties met planned, and spread across the globe— hospital tonight, by and large, patients in Berlin in 1995 to discuss the future spread across the globe. In addition, go there. If the doctor says, you need direction of the treaty. In Berlin, the Mr. President, a wide-ranging new set to have those services, by and large, United States agreed that new commit- of initiatives is needed to harness tech- the patients get them. When we are ments should be binding upon the sig- nology, to engage in new crash re- talking about individuals who have in- natories, but the developing world was search and development technologies comes of roughly $7,700 being told they excluded from any new commitments. to mitigate the carbon dioxide emis- can get an offset in the State. We know Unfortunately, excluding the devel- sions from fossil fuel combustion, as the number of children, for example, oping world, which will be the most im- well as new energy efficiency pro- that fall under the Medicaid proposals portant emitter of carbon dioxide emis- grams, and cooperative programs be- that are not covered by Medicaid. And sions by the year 2015, exceeding the tween the developed and developing the seniors are facing the same thing. emissions of the OECD nations, was a world. We have only begun to match So I just think that, let alone, as the mistake. The solution, if it is to be ef- the targets of carbon dioxide reduc- chairman has pointed out, the very fective, must include all major emit- tions and limitations with our techno- poor can get some of this offset or will ting nations or it will fail to really get logical genius and to engage in pio- get it offset in terms of the Medicaid the problem under control. More than neering a new energy frontier type pro- that is requiring the States to collect that, the perceived unfairness of forc- gram aimed at using man’s genius to it. We have heard a great deal about ing limits on the economies of only tackle this global problem from every putting additional burdens on the some nations, but not others, will conceivable angle. States, but it seems we are willing to cause political pressure to frustrate I reiterate, Mr. President, that Presi- do so as long as we get the additional the approval and implementation of dent Clinton is to be commended for re- funds for the tax cuts. any treaty that is signed in Kyoto this sisting the pressure for these sudden I thank the chairman of the Finance December. The temptations of indus- draconian commitments. Committee for his response, and I ap- tries to flee from the U.S. for example, Mr. President, I yield the floor. preciate his courtesy in responding to behind the safe non-binding walls of Mr. LAUTENBERG. Mr. President, I these questions. I will be glad to yield Mexico, for instance, or other devel- suggest the absence of a quorum. The PRESIDING OFFICER. The the floor. oping nations, will both frustrate the The PRESIDING OFFICER. Who goals of a treaty and unfairly penalize clerk will call the roll. The assistant legislative clerk pro- yields time? the developed economies. ceeded to call the roll. Mr. BYRD. Mr. President, I ask unan- Therefore, Mr. President, the distin- guished Senator from Nebraska, Mr. Mr. LAUTENBERG. Mr. President, I imous consent that I may speak out of ask unanimous consent that the order order for not to exceed 10 minutes HAGEL, and I authored a Sense of the Senate Resolution indicating that it is for the quorum call be rescinded. without the time being charged to ei- The PRESIDING OFFICER. Without imperative for the developing world to ther side. objection, it is so ordered. The PRESIDING OFFICER. Without be parties to any binding commitments objection, it is so ordered. The Senator made in Kyoto, that those so-called f from West Virginia is recognized. commitments should demonstrate un- BALANCED BUDGET ACT OF 1997 Mr. BYRD. Mr. President, I thank equivocally an action program to ap- The Senate continued with the con- the Chair. proach this problem in a realistic way, sideration of the bill. f and that everyone should start with Mr. LAUTENBERG. Mr. President, I aggressive efforts to act on those com- yield to my colleague from New Mexico CLIMATE ISSUES AT THE DENVER mitments immediately and not settle SUMMIT so much time as he needs to make his for vague promises to return to future remarks. Mr. BYRD. Mr. President, press re- negotiations to get serious. While some The PRESIDING OFFICER. The Sen- ports today from the annual economic countries have different levels of devel- ator from New Mexico. summit of the world’s major industrial opment, each must make unique and Mr. BINGAMAN. Mr. President, I powers in Denver indicate that there binding contributions of a kind con- thank the Senator from New Jersey for was pressure on the United States from sistent with their industrialization. his courtesy, as always. some of our allies to make new com- The developing world must agree in Let me speak for a few moments on a mitments to deep cutbacks on green- Kyoto to some manner of binding com- motion, or amendment, that is going to house gas emissions, specifically, car- mitments which would begin at the be offered by the Senator from Illinois, bon dioxide emissions. It is unfortu- same time as the developed world with Senator DURBIN, the Senator from nate that some of our allies, including as aggressive and effective a schedule Rhode Island, Senator REED, and my- the French in particular, chose this as possible given the gravity of the self. This is a motion to strike one pro- forum to change the terms of inter- problem and the need for a fair sharing vision that is in this reconciliation bill national dialogue on this issue. I com- of the burden. which would change the age at which mend President Clinton for resisting Mr. President, in Denver during the senior citizens become eligible for these surprising, new pressure tactics last two days, some nations put pres- Medicare. It raises that age from 65 to to shortcut the progress towards a rea- sure on the United States to agree to a 67. Our amendment would propose to sonable solution at Kyoto and to try to whole new set of commitments beyond strike that provision from the rec- force the United States to endorse an those agreed to in Rio, beyond the tar- onciliation bill. In my view this is an immediate commitment to unworkable get of stabilizing at 1990 levels by the unacceptable provision, it is very mis- new goals, thereby, shredding the nego- year 2010. Those nations sought to get guided, and one that we should not tiating process. We and the French are the U.S. to agree to a 15 percent reduc- continue to keep in this legislation if both part of negotiations intended as a tion by 2010, a level of reduction which we send this legislation on through the follow-up to the United Nations Frame- would have very serious impacts on legislative process.

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 23, 1997 CONGRESSIONAL RECORD — SENATE S6085 Mr. President, there are no budg- but that health care coverage termi- Mr. President, I believe very strongly etary savings that would accrue as a nates at the time they quit their jobs. that we need to make necessary result of this provision until the year That group, of course, would have the changes in the structure of Medicare in 2003, after the target date for reaching financial responsibility. They would order to keep it solvent as we go for- the balanced budget. I am informed have the choice to either go out and ward. I support efforts to do that. I do that this section would fall under the buy private health care coverage, not, though, believe it would be appro- Byrd rule, and for that reason a vote of which would be very expensive, to priate for us to try to improve the sol- 60 Senators or more will be required to cover that interim period of 2 years, or vency of Medicare by reducing the keep this provision in the bill, so I they would have the choice, of course, number of individuals who are eligible hope that a substantial majority of the of trying to get through that period to receive Medicare, reducing the pool Senate will agree with us that this pro- without health care coverage, either of individuals who are eligible to re- vision should be stricken from the leg- depending upon Medicaid or hoping ceive those health benefits. This provi- islation. against hope that they do not get sick sion which we are trying to strike from Raising the eligibility age for Medi- and do not need medical attention. the reconciliation bill has that exact care, first of all, is not necessary in Of course there are others, I should effect. I hope very much the Senate order to balance the budget. The extra point out, who have health care cov- will agree with us on this proposed budget savings that this provision erage and whose employers have agreed amendment to strike this provision. I might generate are not necessary to to maintain that health care coverage think this would substantially improve meet any of the targets set by the until they reach the eligible age for the legislation if we did strike this pro- budget negotiators in the earlier nego- Medicare. Those individuals, of course, vision. tiation. While this change is described would continue to have health care I urge my colleagues to support the as being something that was done in coverage under their employer but the amendment when the vote is taken on order to bring Medicare into line with provision we are trying to strike here the amendment. As I understand that Social Security changes that were ear- would visit a hardship on the employ- will be tomorrow morning. lier made, there are obviously very real ers in that case. The provision would Mr. President, I ask unanimous con- differences between Medicare and So- have an immediate impact on employ- sent that five letters and a report on cial Security. Social Security allows ers right now, who provide health bene- this subject be printed in the RECORD. an individual to receive early retire- fits to individuals until they reach the There being no objection, the mate- ment benefits at age 62. Unlike Social age for Medicare. Companies are re- rial was ordered to be printed in the Security, Medicare does not provide quired today, under Financial Account- RECORD, as follows: any other option for the retiree who ing Standard 106, to estimate their li- NATIONAL ASSOCIATION wants to retire at age 65. Either the abilities for all future retiree health OF MANUFACTURERS, Washington, DC, June 16, 1997. person has insurance or they do not. To benefits. Companies determine the present value of their future liabilities Hon. WILLIAM V. ROTH, Jr., make this change in Medicare, I be- U.S. Senate, Senate Hart Office Building, lieve, would visit a real hardship on for those health benefits and have to Washington, DC. many seniors who have planned for report that. These figures are reported DEAR SENATOR ROTH: The National Asso- their entire careers to be able to retire as part of the financial statements the ciation of Manufacturers has been a strong at age 65 and to have Medicare avail- companies make. All of those liabil- supporter of the May bipartisan balanced able to them at that time. For us to ities would have to be rolled into those budget agreement and the subsequent House financial statements immediately upon Ways and Means Committee markup of pro- make this kind of change, even though posals to preserve Medicare’s solvency to there is a long period for the phase-in the adoption of this provision, if this provision were to remain part of the 2007. The proposal being considered by the of the change, I think will be breaking Senate Finance Committee is nearly iden- reconciliation bill. faith with many of those Americans tical with at least one major exception: con- So the change that we are proposing and many of the people in my State. forming the eligibility age for Medicare with here not only would visit a hardship on Raising the eligibility age creates, that for Social Security, which is scheduled the employees, the senior citizens who also, the specter of a new group of un- to rise from 65 to 67 beginning in 2003. No are ready to retire or who have retired, insured Americans. We have spent budgetary savings would accrue until that it also visits a financial hardship on time, well after the target date for achieving much time in the previous Congress employers and constitutes, in many a balanced budget. and in this Congress debating how we ways, an unfunded mandate on the pri- Beyond the pending short-term fixes, Medi- can cover more Americans with health vate sector. I am sure that issue will be care’s survival depends on making long-term care insurance. We have too many structural changes. Increasing the eligibility discussed to a great extent by the age could well fall into that category and Americans today—in my State we have other sponsors of this legislation. A way too many Americans—who do not should be studied along with other proposals higher Medicare eligibility age would by the Baby Boom Generation Medicare have health care coverage. We have actually create a disincentive for em- Commission. Increasing the eligibility age talked about how to cover more chil- ployers to hire or retain older workers, now would not contribute to a balanced dren, how to cover more working fami- and it would also create an additional budget, while it would do harm to early re- lies, how to cover more seniors before incentive, perhaps, for them to cut tirees and employers who provide retiree they are eligible for Medicare. This back on health care benefits at an ear- health coverage. Medicare currently has no option for early provision that we are going to propose lier time. to strike from the reconciliation bill access to a reduced benefit and, thus, a shift Mr. President, we are in the period in the eligibility age would create a major adds to that pool of uninsured Ameri- where employers are cutting back on shifting of medical costs from Medicare to cans who would be without health in- additional benefits that go with em- retirees. Only about one-third of Medicare surance at a very critical time in their ployment. That trend has continued, enrollees have employer-sponsored retiree careers. Essentially, it says to them now, for some time. I do not think medical coverage, largely through jobs in that between the age of 65, when they there is any doubt that it is a lower manufacturing, which typically pay higher would normally expect to retire, and percentage. I have one figure here that wages. Persons without such coverage, typi- the age of 67, the responsibility for the American Association for Retired cally in lower-wage industries, would be par- ticularly affected and least able to cope with health care will be theirs. Persons put out that in 1973, 71 percent this delay in Medicare coverage. There are different groups of Ameri- of large employers covered early retir- On the employer side, companies now pay- cans and people have different cir- ees with health care coverage. By last ing full medical benefits prior to Medicare cumstances. There is a large group year, that proportion was no longer 71 eligibility would have to continue paying un- that has no health care coverage in percent, it was down to 63 percent. Of reduced benefits for the duration of the age their employment. This would provide course, that only applies to large em- increase. These companies would see an im- that there is an additional 2-year pe- ployers. Most of the small employers in mediate increase in their Financial Account- ing Standards (FAS) 106 liability. Thus, riod in which they continue to have no my State do not provide that coverage while any increase in the Medicare-eligi- health care coverage as they approach and most of the employees in my bility age may not begin to take effect for their senior years. There is another State, accordingly, do not have that several years, the impact on companies’ group that has health care coverage benefit. book value would be immediate.

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6086 CONGRESSIONAL RECORD — SENATE June 23, 1997 Current proposals to increase the Medi- much needed guidance on the best set of they become eligible for Medicare. Under the care-eligibility age contribute nothing to choices to secure Medicare’s future. Clearly, Finance Committee proposal, Bell Atlantic budget savings until 2003. Therefore, we urge increasing Medicare’s eligibility age should would ultimately be responsible for paying that this proposal be studied by the Baby be given the further consideration that such for the additional two years of full benefits Boom Generation Medicare Commission with a fundamental change deserves. for its retirees. a focus on its effect on early retirees, em- There is also a more immediate concern. ployers and the Medicare program. Should NYNEX, Companies are required under Financial Ac- such a change be recommended, the imple- New York, NY, June 18, 1997. counting Standard (FAS) 106 to estimate mentation date should allow companies and Hon. DANIEL PATRICK MOYNIHAN, their liabilities for all future retiree health individuals sufficient time to plan accord- U.S. Senate, Russell Senate Office Building, benefits and ‘‘book’’ (recognize on their fi- ingly for this program change. Washington, DC. nancial statements) the present value of Sincerely, DEAR SENATOR MOYNIHAN: NYNEX urges these liabilities, net of any assets dedicated JERRY J. JASINOWSKI, you to delete the Medicare eligibility retire- to retiree health. This figure is deducted President. ment age increase from the Senate Finance from earnings. As a result, responsible com- Committee’s bill. As you know, a provision panies providing generous retiree health ben- INCREASE IN MEDICARE ELIGIBILITY AGE in the Chairman’s mark would increase the efits will be penalized and viewed as less SHOULD BE DELETED FROM THE BUDGET Medicare eligibility age from 65 to 67. Be- profitable compared in their competitors RECONCILIATION BILL sides public policy concerns about insurance who do not provide retiree health benefits. The impact of this legislation will be to Issue: A provision to increase the Medicare coverage for senior citizens, this provision would also have a significant and immediate discourage companies like Bell Atlantic eligibility age from 65 to 67 was included in from offering comprehensive retiree health the budget reconciliation bill approved by adverse financial impact on NYNEX. NYNEX provides health care coverage to benefits to their employees. the Senate Finance Committee. The provi- its employees, retirees and their dependents. Changes to Medicare eligibility age should sion is identical to one which the Senate re- Our retirees receive full health care benefits be considered in the context of overall Medi- jected during its consideration of the 1995 at retirement and supplemental benefits that care reform. It is not necessary for the Fi- balanced budget act. Removing the provision are integrated with Medicare once they be- nance Committee to adopt this proposal to from the current budget bill would have no come eligible for Medicare. Under the Fi- meet its budget reconciliation commit- scoring consequences because the phase-in to nance Committee proposal, NYNEX would ments, since the proposal does not raise any the increased eligibility age would not begin ultimately be responsible for paying for the revenue over the short-term. until 2003. However, there would be an imme- Again, Bell Atlantic urges you to delete additional two years of full benefits for its diate adverse impact for employers which the Medicare eligibility age provision from retirees. provide health benefits until an individual the Finance Committee bill. This issue There is also a more immediate concern. becomes eligible for Medicare. Shifting these should be considered in the context of com- Companies are required under Financial Ac- costs from Medicare to private coverage is prehensive reform to ensure all aspects of counting Standard (FAS) 106 to estimate likely to result in a reduction in health ben- the issue, including the concerns of employ- their liabilities for all future retiree health efits for active workers, retirees or both. ers providing retiree health benefits, are ad- benefits and ‘‘book’’ (recognize on their fi- Discussion: The Senate bill provision dressed. nancial statements) the present value of would increase the Medicare eligibility age Sincerely, these liabilities, net of any assets dedicated over a 24 year period to conform it to the re- DENNIS BONE, to retiree health. This figure is deducted vised Social Security age. The consequences PRESIDENT AND CEO. from earnings. As a result, responsible com- of such a long term change appropriately be- panies providing generous retiree health ben- long on the agenda of the Bipartisan Com- CORPORATE HEALTH efits will be penalized and viewed as less mission on the Future of Medicare, a panel CARE COALITION, profitable compared to their competitors which would be established by both the Washington, DC, June 16, 1997. who do not provide retiree health benefits. Hon. WILLIAM V. ROTH, Jr., House and Senate budget reconciliation bills The impact of this legislation will be to Chairman, Committee on Finance, U.S. Senate, to make recommendations to Congress on discourage companies like NYNEX from of- Washington, DC. the changes that need to be made to prepare fering comprehensive retiree health benefits Medicare for the demographic impact of the DEAR SENATOR ROTH: We would like to to their employees. bring to your attention the concerns of our Baby Boom generation. Changes to the Medicare eligibility age companies about a provision we believe is in- The provision has no scoring consequences should be considered in the context of over- cluded in the Senate Finance Committee for the current budget bill because the all Medicare reform. It is not necessary for Proposal for Budget Reconciliation. This phase-in to the new eligibility age would not the Finance Committee to adopt this pro- begin until 2003, the year after the five-year provision—to raise the Medicare Eligibility posal to meet its budget reconciliation com- Age—could have a serious effect on our cor- period of budget reconciliation bill. However, mitments, since the proposal does not raise its effects on private health coverage would porate liabilities and book value. any revenue over the short-term. As you know, many companies today pro- be immediate. Employers must comply with Again, NYNEX urges you to delete the financial accounting standard (FAS) 106 vide their retirees with health benefits. In Medicare eligibility age provision from the most plans, retirees receive full benefits at which requires companies to determine the Finance Committee bill. This issue should be any early retirement age and supplemental present value of their future liabilities for considered in the context of comprehensive benefits that are integrated with Medicare the health benefits provided to their active reform to ensure all aspects of the issue, in- beginning at the Medicare eligibility age. workers and retirees. Increases in the Medi- cluding the concerns of employers providing Under the Senate provision, companies now care eligibility age would result in increased retiree health benefits, are addressed. paying full benefits prior to Medicare eligi- liabilities for employer-sponsored coverage, Sincerely, bility would eventually have to continue including those firms which agree to con- MORGAN KENNEDY, paying the unreduced benefits for two more tinue coverage for early retirees until they Vice President, years. become eligible for Medicare benefits. Be- Government Relations. Companies are currently obligated under cause FAS 106 standards require that compa- Financial Accounting Standard (FAS)106 to nies must account for their increased finan- BELL ATLANTIC, estimate their liabilities for all future re- cial exposure immediately—even though the Charleston, WV, June 18, 1997. tiree health benefits that may be paid to ac- increase in the eligibility age would take Hon. JOHN D. ROCKEFELLER IV, tive and retired workers, and ‘‘book’’ the place over many years—the impact to em- Hart Senate Office Building, present value of these liabilities, net of any ployers’ bottom line would occur long before Washington, DC. assets dedicated to retiree health. These net the full phase-in period. SENATOR JAY ROCKEFELLER: Bell Atlantic liabilities, which are estimated today to ex- Shifts in health care costs from the federal urges you to delete the Medicare eligibility ceed $300 billion, must reflect all current law government to the private sector can have retirement age increase from the Senate Fi- requirements and existing plan provisions, profound and unanticipated effect and are nance Committee’s bill. As you know, a pro- even though companies may be planning to very likely to result in lower coverage for vision in the Chairman’s ‘‘mark’’ would in- make changes in their plan. active workers, retirees or both. That is why crease the Medicare eligibility age from 65 to Even though the Senate’s increase in the any change in the Medicare eligibility age 67. Besides public policy concerns about in- Medicare Eligibility would not begin until must be carefully considered and compared surance coverage for senior citizens, this 2003, and then would proceed gradually over with other long term financial and struc- provision would also have a significant and the next 24 years, the impact on corporate tural changes needed in Medicare to prepare immediate adverse financial impact on Bell book liabilities would be immediate. Under the program for its future beneficiaries. Atlantic. FAS106, companies would have to re-esti- Congress and the President reached an his- Bell Atlantic provides health care coverage mate their future liabilities and account for toric bipartisan agreement to balance the to its employees, retirees and their depend- any addition to their liabilities as a result of budget by 2002 and expressly decided that ents. Our retirees receive full health care this change. The impact on FAS106 liabil- long term Medicare changes would be ad- benefits at retirement and supplemental ben- ities would vary greatly depending on the dressed only after an expert panel provides efits that are integrated with Medicare once type of plan and age of work force, but would

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 23, 1997 CONGRESSIONAL RECORD — SENATE S6087 range from a 5 to a 25 percent increase in The UAW also opposes the provision in this remains, there would be an immediate ad- FAS106 liabilities. reconciliation legislation that would over- verse impact on employers who provide This would create a serious financial and turn the federal court decision in the Pen- health benefits until an individual is eligible accounting problem for companies currently nington case. This decision prohibited the for coverage under Medicare. Shifting these operating retiree health plans, and could states from using accounting devices to costs from Medicare to private coverage is cause many to move to limit or eliminate make certain groups of workers, especially likely to result in a reduction in health ben- their commitment to retirees. While there is part time employees, ineligible for unem- efits for active workers, retirees or both. some logic to coordinating Medicare and So- ployment benefits. By overturning this deci- Any changes in the Medicare eligibility cial Security retiree ages, we ask that we sion, the reconciliation legislation would re- age must be carefully considered and com- take up this task after Budget Reconcili- duce coverage under state unemployment pared with other long term financial and ation is completed and we have time to con- compensation programs by about six per- structural changes needed in Medicare to sider provisions to avoid the FAS106 liability cent. We urge you to support efforts to prepare the program for its future bene- effects. strike this provision from the budget legisla- ficiaries and we oppose including an eligi- Since we do not believe this provision con- tion so that laid off workers are not denied bility age increase in the budget package for tributes to meeting the Budget Reconcili- this essential assistance. the following reasons: ation instructions to the Committee, we The UAW also opposes the provisions in A Long-Term Agenda Issue. The Senate urge you to drop this provision altogether. the reconciliation legislation that would: bill provision would increase the Medicare Sincerely, allow Texas to privatize the administration eligibility age over a 24 year period. The con- ELLEN GOLDSTEIN, of its Medicaid and food stamp programs; sequences of such a long term change more Chairman. this represents a dangerous precedent that appropriately belong on the agenda of the Bi- would allow private companies to make deci- partisan Commission on the Future of Medi- INTERNATIONAL UNION, UNITED sions regarding the eligibility of individuals care, a panel which would be established by AUTOMOBILE, AEROSPACE & AGRI- for government benefits; establish an open- both the House and Senate budget reconcili- CULTURAL IMPLEMENT WORKERS ended block grant program to encourage the ation bills to make recommendations to OF AMERICA—UAW, states to provide expanded health insurance Congress on the changes that need to be Washington, DC, June 23, 1997. coverage to children; the funds provided for made to prepare Medicare for the demo- DEAR SENATOR: Today the Senate is sched- this effort are inadequate; in addition, we be- graphic impact of the Baby Boom genera- uled to take up the budget reconciliation lieve that the most cost effective way to pro- tion. legislation dealing with spending reductions. vide health insurance coverage to uninsured Immediate, Negative Effects on Employ- The UAW strongly opposes this bill because children would be by expanding the Medicaid ees. Because the phase-in to the new eligi- it incorporates a number of anti-worker, program; deny SSI coverage in the future to bility age would not begin until 2003, the pro- anti-senior provisions. We urge you to sup- elderly and disabled legal immigrants; this vision has no scoring consequences for the port amendments to delete the objectionable would unfairly penalize extremely vulner- current five-year budget reconciliation bill. provisions; If they are not eliminated, we able populations who genuinely need public However, private health coverage would be urge you to vote against the bill on final pas- assistance; and allow HHS to administer the affected immediately. Employers must com- sage. Welfare to Work program, while failing to ply with financial accounting standards This budget reconciliation legislation con- (FAS) 106 which requires companies to deter- tains a massive attack on the Medicare pro- emphasize the importance of job training; we believe that this program can be better ad- mine the present value of their future liabil- gram that would be extremely harmful for ities for the health benefits provided to their the elderly and for working men and women. ministered by the Department of Labor; in addition, the funds available under this pro- active workers and retirees. Increases in the In particular, the UAW strongly opposes the Medicare eligibility age would result in in- provisions that would; Increase the Medicare gram should be made available for job train- ing, which is critically important to moving creased liabilities for employer-sponsored eligibility age to 67; this provision would coverage, including those firms which agree greatly increase the number of Americans individuals off to welfare and into the work force. to continue coverage for early retirees until without health insurance coverage; it would they become eligible for Medicare benefits. also impose huge new costs on those employ- Lastly, the UAW strongly urges you to op- pose any amendment that would exempt in- Because FAS 106 standards require that com- ers who currently provide pre-Medicare re- panies must account for their increased fi- tirees with health insurance coverage, and dividuals in workfare programs from cov- erage under the minimum wage and other nancial exposure immediately—even though impose additional pressure on these employ- the increase in the eligibility age would take ers to drop this coverage; means test the provisions of the Fair Labor Standards Act. As a matter of basic social justice, we be- place over many years—the impact to em- Medicare program by imposing drastic in- ployers’ bottom line would occur long before creases in the Part B deductible for bene- lieve that all workers should be entitled to these fundamental protections. We are also the full phase-in period. ficiaries with higher incomes; this provision The Costly Effects of Cost Shifting. Shifts would be extremely difficult to administer, concerned that this type of exception would undermine these protections for other work- in health care costs from the federal govern- while raising relatively little revenue; in ad- ment to the private sector can have profound dition, it unfairly penalizes seniors who are ers. Accordingly, the UAW urges you to sup- and unanticipated effects and are very likely ill, and would generate increased pressure to port amendments that would eliminate the to result in lower coverage for active work- totally abandon the social insurance nature objectionable provisions discussed above, ers, retirees or both. In addition, the provi- of the Medicare program; impose a $5 per and to oppose any amendments that would sion would leave many individuals with a visit copay for home health care visits; this further undermine protections for seniors costly gap in health coverage until they turn provision would impose enormous costs on and working men and women. Unless the ob- 67 which would further discourage companies seniors who depend on home health care; and jectionable provisions are stricken from the from providing health benefits to retirees. establish a dangerous pilot program for legislation, the UAW urges you to vote Congress and the President reached an his- 100,000 Medical Savings Accounts, which against this budget reconciliation legislation toric bipartisan agreement to balance the would allow insurance companies to engage on final passage. budget by 2002 and expressly decided that in skimming practices that would threaten Thank you for considering our views on long term Medicare changes would be ad- to fragment the Medicare program. dressed only after an expert panel provides Taken together, these provisions would un- this vital legislation. Sincerely, much needed guidance on the best set of dermine the social insurance nature of the choices to secure Medicare’s future. Clearly, Medicare program, and would represent the ALAN REUTHER, Legislative Director. increasing Medicare’s eligibility age should first step towards converting it into a wel- be given the further consideration that such fare program that would lack broad based a fundamental change deserves. political support. In addition, these provi- [From the Association of Private Pension sions would impose significant and unaccept- and Welfare Plans, June 20, 1997] Mr. BINGAMAN. I yield the floor and able new costs on many senior citizens. At INCREASE IN MEDICARE ELIGIBILITY AGE I suggest the absence of a quorum. I re- the same time, the budget legislation fails to SHOULD BE DELETED FROM THE BUDGET quest the time be charged equally to provide adequate assistance to low income RECONCILIATION BILL both sides. seniors in paying their Part B premiums. It A provision to increase the Medicare eligi- The PRESIDING OFFICER. Without is also important to note that the provisions bility age from 65 to 67 has been included in objection, it is so ordered. The clerk increasing the Medicare eligibility age and the budget reconciliation bill approved by will call the roll. means testing the Part B premium were ap- the Senate Finance Committee. The provi- The legislative clerk proceeded to proved without adequate public hearings and sion is identical to one which the Senate re- call the roll. debate, and are outside the scope of the jected during its consideration of the 1995 budget agreement. For all of these reasons, Balanced Budget Act. While removing the Mr. KERREY. Mr. President, I ask the UAW urges you to support amendments provision from the current budget bill would unanimous consent that the order for to strike all of these objectionable Medicare have no scoring consequences because the the quorum call be rescinded. provisions from this reconciliation legisla- phase-in to the increased eligibility age The PRESIDING OFFICER. Without tion. would not begin until 2003, if the provision objection, it is so ordered.

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6088 CONGRESSIONAL RECORD — SENATE June 23, 1997 The PRESIDING OFFICER. Who able-cost basis. This new authority will vidual out there at the community yields time? include the current—called EACH/ level, Medicare really can be a life- Mr. LAUTENBERG. I yield the Sen- RPCH—demonstration hospitals. Once saver. ator from Nebraska as much time as he again, we have been asked by rural hos- I have a woman in Omaha, NE, that needs. pitals and rural providers for this pro- I pulled from our file, we are working Mr. KERREY. I thank the Senator vision. Chairman ROTH and Senator with at the moment, that faces some from New Jersey. MOYNIHAN have included it in their bill, problems, a very common situation. A The PRESIDING OFFICER. The Sen- and for those of us who represent rural widow on Medicare, she has $610 a ator from Nebraska. States, we are going to be able to say, month in Social Security. She has $182 Mr. KERREY. Mr. President, first, I correctly so, that this law is going to in rent subsidized through section 8. would like to praise the chairman of make it more likely that we are going Her utilities and phone are $55 a the Finance Committee, Senator ROTH, to get good care in the rural commu- month. Her Medicare part B is $43 a and the ranking Democrat on the Fi- nity. month. She has a Medigap cost on top nance Committee, Senator MOYNIHAN, Next, it allows sole community hos- of that. By the time she is done, she as well as the chairman and ranking pitals to opt for a fourth payment op- has $4,000 left over for everything, for member on the Budget Committee, tion based upon the costs from fiscal food, clothing, and other expenses. It Senator DOMENICI and Senator LAUTEN- year 1994 or fiscal year 1995. It is a de- does not take much in the way of pre- BERG. tail that I will not go into at length scription drugs and additional costs for The bill we are debating right now here today, but again on the ground at health care for her to find herself with makes a substantial contribution to the community level this will make a almost no money left over. So this mark, for those of us con- deficit reduction. The goal of all this tremendous difference in most States cerned about low-income people, con- deliberation is to balance the budget where rural health care shortages are a tinues the dual eligibility system for by the year 2002, the purpose of which problem. Medicare and Medicaid. It continues is to enable us to continue with an Next, it reinstates the Medicare de- both the SLMB and the QMB Programs economy that is growing and continue pendent hospital program through 2002. that enables lower-income people to creating jobs and continue the pros- This means that hospitals with less get payment. And I believe the man- perity that we are currently enjoying than 100 beds and where 60 percent or agers’ amendment will make it more in the United States. more of the discharge is paid for by likely that the SLMB Program will en- I am saying all this because we will Medicare will be paid on the same basis able low-income people to find them- be debating all kinds of reasons why as sole community hospitals. It is a this bill is bad, and I think it is very selves able to accommodate the in- very important provision. There are creases in premiums that will occur as important for us to begin by saying lots of hospitals in Nebraska sort of there is a purpose here. a consequence of the shift of some hanging on the edge with fewer than home-based coverage from part A to We know Medicare is a very substan- 100 beds. This will give them a fighting tial program in terms of cost, and any part B. chance to survive. Though I would argue there is still attempt to balance the budget has to Last, it allows rural referral centers some room for improvement, this bill look at this program. Chairman ROTH greater flexibility to receive payments represents a good-faith effort to ac- has done, I think, an exceptional job of based on rates for the nearest germane knowledge that there are low-income producing a proposal that not only con- area. beneficiaries out there who are faced tributes to deficit reduction, but does a Mr. President, I just say again that with different problems than higher-in- number of other things which I believe this provision is one last thing in the come beneficiaries. are very important. bill that will enable us to say that in There is still one out of seven Ameri- First of all, one of the things this bill addition to eliminating this deficit cans over the age of 65 who live in pov- does, in addition to contributing to def- that has plagued us for so many years, erty. Medicare and Social Security re- icit reduction, is there are a number of this proposal will increase the likeli- duces the rate of poverty from 50 per- provisions that Chairman ROTH and hood that managed care and good cent to about 12 percent in the country. Senator MOYNIHAN put in this bill that health care will reach the rural area. I But still, for those 12 percent, life can directly affect our capacity in rural thank Chairman ROTH and I thank Sen- be quite difficult. And I assure you, America to get good health care. That ator MOYNIHAN and Senator DOMENICI Chairman ROTH and Senator MOYNIHAN has been a bit of a problem. There are and Senator LAUTENBERG. It is a ter- have paid attention to that problem a number of issues we have identified ribly important provision for those of and, I think, have enabled us to say over the years, and Chairman ROTH has us who represent rural States. that we have at least tried to make made some changes in law in this bill Second, and I will not go at length in certain that low-income beneficiaries that will benefit those of us who rep- describing this, this bill grants author- are given full consideration. resent rural States. I would like to list ity to the Secretary of Health and The next thing that I would like to some of those provisions. Human Services to bring more com- spend most of my time talking about First, rural hospitals and physicians petition into this system. Competition is, this mark, this piece of legislation will be able to form their own net- in my judgment will not solve all of does acknowledge, as well, that we works, independent of larger managed the problems, but it is a tremendously have long-term problems, that we can- care companies, and contract directly useful tool to bring costs out of the not stick our heads in the sand and ig- with Medicare on a capitated basis. system. It is more likely to get it done nore that the Medicare Program not These provider-responsive organiza- in an efficacious fashion. Again, Sen- only promises to make payments for tions would not only provide competi- ator ROTH and Senator MOYNIHAN have the next 5 and for the next 10 years but tion, but they will enable us to in- included this in the mark. And I be- it promises to make payments for the crease coverage and increase health lieve it represents substantial reform long-term as well, promises to make care delivery in the rural areas. and important reform in the Medicare payments especially for that baby- Second, the proposal is one that will system. boom generation that will begin to re- increase managed care payments in Third, this committee, the Finance tire in 2010, 2011, depending upon when rural areas. The increase in payments Committee, again under Senator you mark the generation. It is either will be detailed during the course of ROTHs’s and Senator MOYNIHAN’s lead- 1945 to 1965 or 1946 to 1965. In that 20- this debate, but it is critical, if we are ership, has paid attention to the year period, about 2010 to 2030, under going to get managed care in rural unique problems that low-income current forecasts, even as we have ad- areas, that the payments be increased, Medicare beneficiaries face. And it can justed the program—I note there will and Chairman ROTH has made certain be a tremendously difficult problem. be some that try to knock out the in- in this bill that happens. It is relatively easy for us to get crease in the eligibility age. There will Third, it creates a single designation caught up in all the numbers and pre- be some that try to knock out the in- for small rural limited service hos- sume that all we are doing is trying to come-related test on part B, the copay- pitals that would be paid on a reason- find numbers savings. But for an indi- ment on home health, the $5 fee on

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 23, 1997 CONGRESSIONAL RECORD — SENATE S6089 home health, and make compelling ar- ‘‘politicization’’ of the CPI. The CPI I think it is going to be difficult for guments. But you can only make those was imposed in 1973 for political rea- us to not, at some time, relatively arguments persuasive if you ignore sons. soon, begin to examine once more where this program is going. I want a good formula, a good cal- whether or not we should change the Mr. President, the current cost of culation. Unfortunately, we were not law and change the way people become Medicare represents about 10 percent of able to get that because we ended up eligible. this budget. And from 2010 to 2030, being opposed both on the left and on It is very revealing when you talk Medicare costs will go from about 10 the right. But these are the kinds of about moving the eligibility age, Mr. percent to 35 percent of the budget. changes that are necessary to accom- President. The law says if you have That is the kind of growth that we see modate demographics. reached the age of 65 in America you out in the future. It is a demographic There was a piece in the New York are eligible for Medicare. If you can problem. And when you move the eligi- Times Sunday magazine yesterday. I prove you are poor, under the law, the bility age from 65 to 67, in order to think it was Ben Wattenberg that law says you are eligible for Medicaid. bring it into line with where Social Se- made a couple of suggestions. And if If you get blown up in a war, as I did, curity is going, we are making and rec- Members want to bring that kind of the law says you are entitled to the VA ommending an adjustment that takes suggestion to the floor, why it will be system. If you work for the right em- into account where this program is an interesting debate. He suggested ployer, the law says you can get a sub- going, what the future looks like out that we change our tax and our spend- sidy through the income tax system. If there. ing laws to encourage Americans to you work for the Government very I acknowledge that there are prob- have more babies or we open our bor- often, the law says you also have a lems when you move the eligibility age ders and accept more people in the right to health care. for people who are between the ages of United States as immigrants, trying to Mr. President, I believe, though it 60 and 66 or 67. There is a problem. This increase the number of workers per re- may seem counterintuitive for those of legislation has in it not only a commis- tiree. us who have been worried about the sion, but in law we recommend that Or one can walk to the floor if they growing cost of the mandatory pro- choose to and propose a tax increase. the commission consider doing what grams and entitlements and that inter- Many people who have honestly evalu- Kerrey–Danforth recommended, which est, that we need to consider rewriting ated this program have suggested that is to allow seniors between the ages of the social contract for Federal health all we need to do is increase the payroll 62 and eligibility age to be able to buy care and establishing a simplified eligi- tax just a little bit and that will solve into the Medicare Program. I think it bility. If you are an American or legal the problem. is the sort of thing that we are going to Mr. President, I intend in this debate resident, you pay according to your ca- have to consider whether we adjust the to repeatedly point out to colleagues pacity to pay. Everybody has to pay eligibility age or not. that the tax-cut provisions in this bill the true cost of health care. But I will give this evening—I sus- addresses the income tax. It does not We ought to allow competition to pect I am going to have plenty of op- address what is for many Americans control the cost. And we ought to allow portunity to argue this when the the largest tax of all, and that is the consumers to get far more information amendment is offered to strike it on payroll tax. about what the health care system is the eligibility age—I give this evening And I have been in Nebraska many both doing for them and sometimes one set of facts. Between the years 2010 times in townhall meetings and talked doing to them. and 2030, the number of people in the about this movement of the eligibility I think it is very difficult for me to work force will grow by 5 million, a 5- age and the income-related test on part stand here and say that we can pre- million-person increase between 2010 B, which is also in the chairman’s serve Medicare as an intact program and 2030. But the number of people who mark. And very often it provokes a big unless some demographic change oc- are retiring who will be eligible for debate. And some do not like it. curs between now and 2010. payments will increase by 22 million. I say, let me just ask the audience, I believe it is inescapable you look at That is a problem, Mr. President, that How many of you would support in- these kinds of choices, otherwise you we face with our program. And we can creasing the payroll tax? And it is rare are basically going to prolong the due either ignore it and say we do not want where you will find more than one or date and at some point we are going to to make change or we can acknowl- two people holding up their hand, Mr. be facing choices that are far more dif- edge, in order to preserve and protect President. And the reason is, that for a ficult than the choices that are being Medicare for the long term, these kinds family of four in Nebraska, earning presented by the committee in this of changes will be necessary. $34,000 a year, husband, wife, two chil- budget. The change does not impact anyone dren, they will pay $2,719 in Federal in- Mr. President, another change that over the age of 58 today and does not come tax; they will pay $5,358 in pay- we have in this proposal is a change fully impact anyone over the age of 36. roll taxes, $4,300 of which is FICA and that says that we are going to make I say that because I have already seen $1,000 of which is the Medicare tax. Mr. the Medicare part B more progressive interviews given to current Medicare President, that is almost twice as than it currently is by asking Ameri- beneficiaries, people who are 65, people much in payroll taxes. cans who have higher incomes to pay who are 70, receiving Medicare that are One of the reasons that we find peo- more, to be subsidized less, in short, by beneficiaries today, and the question is ple say to us that this system has to be Americans with lower income for that put to them, ‘‘What do you think about fixed with these kinds of changes is part B premium. moving the eligibility age?’’ as if it is that they acknowledge that this pay- Initially, Senator GRAMM of Texas going to affect them. And very often roll tax is taking a substantial bite out and I, who worked on this proposal, had again they will find themselves con- of the income of the working families an offering that we would use the de- cerned about losing their Medicare, of America. ductible as a basis for change, in short, about whether or not they are going to So the bill has a change in the eligi- that we were going to try to affect uti- be paying more for their Medicare. And bility age. I defend it strongly. I intend lization. It got a bit confusing. And as there is a presumption made that this to come down when the amendment is a result of that confusion, both he and change is going to have an impact on offered to strike and explain at greater I have agreed to change it so that it them. length why those who are arguing to will be an adjustment in the part B Mr. President, this movement of the strike it will not help strengthen this premium for Americans under $50,000 a eligibility age is one of the easiest. program. I intend to argue as well, by year. They will not be affected at all. Right along with that, a change that I the way, that I, having studied this a Roughly 94 percent of beneficiaries are believe should be made is to bring a long time, believe long term it is going somewhere in that range. It does not new accounting to the cost of living to be difficult for us to maintain Medi- fully affect any individual under index. We debated it earlier on in the care and Medicaid, the VA, and the in- $100,000. We phase the subsidy out over year. We were not able to get it. Some come-tax deductions as intact pro- $100,000 for an individual and $125,000 objected to the so-called grams. for a couple.

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6090 CONGRESSIONAL RECORD — SENATE June 23, 1997 I appreciate the sacred nature of The one that is the most impressive of edge the leadership role that has been Medicare, but nowhere do I find it per- all is that in 1965, 30 percent of the played by my colleague, the Senator suasive that we ought to ask people Federal budget went to mandatory pro- from Nebraska, who preceded me on with lower incomes to subsidize people grams. That is entitlement programs the floor. He is calling on us as Mem- of higher incomes. Very often the peo- plus net interest, and 70 percent of our bers of the Senate and the House to ple of lower incomes do not even have budget went to discretionary spending. face the reality that entitlement pro- health insurance. They are struggling Mr. President, in the year 2002, when grams need reform. Senator KERREY to pay the cost of health care them- this budget agreement ends, we will has oftentimes been a lonely voice in selves out of pocket, and part of their have exactly the opposite—70 percent that effort. It is not altogether a pop- taxes—again, the larger share of their will be mandatory spending and 30 per- ular position to take and yet it is nec- taxes coming from payroll taxes being cent will go to discretionary. It does essary. I admire him for his leadership delivered to pay the health care of in- not stop there. It will continue to grow and his candor, and I think that we in dividuals with a capacity to be able to until 100 percent of the budget is man- the Senate should heed his advice that take care of themselves. datory, until we have converted the we must resolve ourselves into the I do not believe this challenges the Federal Government into an ATM ma- business of addressing the needs of Medicare system. I do not believe it is chine, collecting taxes and merely these entitlement programs—Social a slippery slope to destroying Medi- transferring back out. Security and Medicare in particular— care. I believe it is consistent with Mr. President, for all those who care on a long-term basis. what Medicare attempts to do, which is about investing in our future, who What I am about to speak to today in to say that the market will not provide want to invest more in education, who no way should reflect on Senator insurance for all of our citizens, that are concerned about productivity, we KERREY’s effort or the effort of others we have to, on a progressive basis, have all kinds of other things we be- for meaningful reform with Medicare. write a law that enables us to do that. lieve this Nation needs to be address- But the issue which I address is one in- This change will make the system ing, unless we come to grips with the cluded in this reconciliation bill which more progressive, not less. I emphasize growing cost of mandatory programs, I feel is fundamentally wrong and fun- that. it will be impossible for us to do all the damentally unfair. It is a provision For all those who will come to the things that most of us would like to do which is included in this bill which floor and argue that this package is in order not only to make our country would over a period of time raise the not sufficiently progressive, they will fair but also to make our country more eligible age for Medicare. find themselves, in my judgment, turn- prosperous and productive. By way of background, many years ing their arguments inside out in pro- I believe the legislation that Chair- ago we raised the eligibility age for So- posing this test of income on part B. man ROTH and Senator MOYNIHAN have cial Security. The reason the people How can you defend a change, a simple presented to the chairman of the Budg- still think in terms of Social Security change at a relatively high income, Mr. et Committee, Senator DOMENICI, and eligibility at age 65 is that this change President, $100,000 for an individual and Senator LAUTENBERG, the ranking to age 67 will be implemented during a $125,000 for a couple? Mr. President, member, is a fair proposal. It will en- transition period from the years 2003 to this is a substantial first-step change, able us to say we will balance the budg- 2027. It is a gradual change adding, over once again, to acknowledge that we et by the year 2002. It is more progres- 24 years, 24 months before a person can have a long-term problem with Medi- sive than the current law, taking be eligible for Social Security. During care, and we are going to have to begin greater account both of low-income the course of its deliberations, the Sen- to make more difficult choices if we Americans as well as upper-income ate Finance Committee entertained a want to arrive out there in the future Americans’ capacity to pay. It is a ter- motion by my colleague from Texas, and say we have solved future problems rific package that will enable us in Senator GRAMM, to add an amendment as well. rural America to increase the quality which would increase the eligible age Very importantly, under this change, of care that we see our citizens getting. for Medicare from 65 to 67. It is said in we did not do it for budgetary reasons. It moves more toward a competitive the report of the Finance Committee— Neither the move of the eligibility age model, not only giving Health and and I am sure this reflects the nature nor the change in part B premiums has Human Services more power, but giv- of the debate—that an attempt was been done in order to generate budget ing consumers more power by giving being made to find some symmetry be- savings. Indeed, the revenue that we them the data and the information tween the increase in eligibility age for get from the part B premium will go that they need to make choices. There Social Security and the increase in eli- into the health insurance trust fund, is substantial reform not just for budg- gible for Medicare. If there is any par- strengthening the health insurance etary reasons but for the purpose of allel or any symmetry between these trust fund. We have not had it scored. improving the quality of this program two programs it is only that they both We are not using it to pay for other that has been so enormously beneficial serve elderly Americans, and there it things. We are using it to strengthen for our country. ends. I think we should view this sug- the Medicare Program and, as I say, to I appreciate the opportunity to work gestion of raising the eligible age for make the program more progressive. with the chairman and the ranking Medicare from 65 to 67 in the context of Mr. President, finally, as we go member, Senator MOYNIHAN, and I look the people who are affected. through this debate, I intend to repeat- forward to the opportunity of return- This package that raises that age to edly come to the floor and call to my ing to the floor to debate some of the 67 for Medicare literally reneges on our colleagues’ attention another terri- specific amendments that are offered. promise to provide Medicare to seniors fying fact. People come and they will I yield the floor. at the age of 65. There is no budgetary argue, well, in 1965 when we passed Mr. LAUTENBERG. Mr. President, I impact in this provision. There is no Medicare, we intended the following— yield 20 minutes to the Senator from money to be saved, because whatever is and whatever it is that the colleague Illinois. going to be saved, if it is ever imple- wants to offer in opposition to either Mr. DURBIN. I thank my colleague mented, will not occur until the next moving the eligible age or in opposi- from New Jersey for yielding. century, far beyond the 5 years when tion to putting an income test on part PRIVILEGE OF THE FLOOR we measure the impact of this bill. B, will suggest there was something in Mr. DURBIN. Mr. President, I ask This change does not parallel the So- 1965 that caused us to say we would do unanimous consent that Ann Marie cial Security change which I described. something and never come back and Murphy of my staff be accorded privi- Individuals have the ability now to change it. There have been lots of leges of the floor during debate on S. begin their Social Security benefits at changes that have occurred since 1965. 947. age 62. Of course, those benefits are di- I will in the midst of the debate have The PRESIDING OFFICER. Without minished, but should a person reach plenty of opportunity to go through objection, it is so ordered. that point in life and say, ‘‘I’m ready many of those changes that I think dic- Mr. DURBIN. Mr. President, let me to retire. I do not want to wait until 65. tate that we change the program again. say at the outset I want to acknowl- I have talked it over with my spouse.

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 23, 1997 CONGRESSIONAL RECORD — SENATE S6091 I’m going to retire at age 62.’’ It is per- does not help working families, and ment, have incomes below $30,000. They fectly legal. They can do it. The Social this provision is totally unfair. If we certainly would not be in a position to Security benefits start flowing to their lived in a country where everyone had pay a $10,000 a year private insurance family based on what they have paid health insurance, universal health cov- premium, as is evident in some States, in. erage and you did not have to worry like Illinois. Often they are single, There is no corresponding option for about whether you lost it through poor, unemployed. They would have no Medicare. Medicare begins at 65. Unless changing a job or retirement, that is recourse. And this is not the way to fix you are disabled and thereby qualify one thing, but we do not live in that the Medicare system—by denying for Medicare, you cannot touch this nation. We live in a country where any health care insurance to people, by es- program until you are age 65. one of us with the loss of a job could be sentially pushing them out of the sys- Currently, 1.6 trillion individuals in vulnerable to no health insurance cov- tem of health care with the idea that America between the ages of 55 and 65 erage, and the suggestion of the major- we will somehow stabilize and increase are uninsured. How do people find ity that we raise the eligibility age for the longevity of our health care sys- themselves in this predicament? Well, I Medicare leaves more people vulner- tem. bet you everyone listening, those view- able—vulnerable, of course, to the cost There is another aspect of this that ing, can probably think of someone in of health insurance if they can buy it. should be studied much more deeply their family or a friend who reached That is why I oppose this provision before we embark on such a change; that situation. I have a situation in my and why I will make a point of order that is, many employers have provided own family, a person who had worked when I have concluded these remarks. I health care benefits to their employees for years and years for a major com- yield for debate only to my colleague, until they reach the Medicare age of eligibility. As a result, if we were to pany and decided he would retire at age Senator REED. 60 and the company said, ‘‘Well, here is Mr. REED. I thank the Senator from push back the eligibility table, we your watch. Here is your package of Illinois for yielding. I join him in my would require corporations throughout benefits. Good luck in your retire- opposition to this provision in the bill. this country to immediately recognize, ment.’’ Within 12 months they notified I also have great respect and regard for because of accounting rules, an in- crease in their liability, a significant him there had been a change in the Senator KERREY, the primary sponsor increase in their liability. This could program, and no longer would they of this provision. He has courageously force them to rethink their overall offer health insurance to him as a re- identified many issues with respect to health care strategy to accelerate the tiree. His recourse? None, zero, no Medicare and has provided great in- decline of health care not only for sen- place to turn. Age 60, retired, out of sight, but in this particular situation I iors but for working Americans, as work, no health insurance. Then the believe that to raise the eligible age for companies simply say, ‘‘we can’t afford trouble began for him personally, heart Medicare is going in exactly the wrong to shoulder this burden any longer.’’ As problems, leading to serious heart sur- direction. It forgets why we created a result, we also, I think, have to rec- gery. He literally put his life savings Medicare in the first place in the mid- ognize the significant impact this into his medical care and counted the 1960s. would have on the application of health days until he reached the age of 65. He The overwhelming reality was that care insurance throughout our society. had been critical of a lot of ‘‘big gov- seniors at that age could not get health As one employer wrote to me, ‘‘The im- ernment’’ and big government pro- care. That is why the Government pact of this legislation will be to dis- grams, but now a big government pro- stepped in. Private insurance compa- courage companies from offering com- gram was coming to his rescue and his nies were unwilling to sell insurance to prehensive retiree health benefits to family’s rescue. He finally made it and those people at any reasonable price. their employees.’’ reached age 65 and reached eligibility. Many things have changed since the I think we have to be very careful Is this an isolated case of one person mid-1960s—the demographics of our and thoughtful about how we reform who did not have good luck when he re- population, the efficacy of a health Medicare. We all want to stabilize the tired? I am afraid not. A 1997 Common- care program, the longevity of our citi- system, to ensure solvency. We can do wealth Fund study indicates in 1994 zens—but one thing has not changed, that without adopting this amend- only 30 percent of retirees had health and that is the unwillingness of private ment. To move away from a guarantee insurance from a previous employer, insurance to step in and provide afford- of health care for seniors, beginning at compared with 44 percent in 1988. The able and accessible health insurance to 65, is a retreat that I don’t think we trend, unfortunately, is in the direc- seniors. should make and I don’t think we have tion of uninsured people at the age of Today, 13 percent of the 21 million to make. Therefore, I join my col- 60 and beyond. Even coverage by larger people aged 55 to 64 lack health insur- league from Illinois in objecting to this employers has declined. In 1993, 71 per- ance, and by adopting this provision we provision of the bill before us today. I cent of large employers provided cov- will simply add to that number be- thank the Senator and yield back my erage. But then again by 1996, this fig- cause, now, from age 65 to 66, they will time. ure had dropped to 63 percent. Many re- not have access to the Medicare sys- Mr. DURBIN. I thank my colleague, tirees, incidentally, do not retire vol- tem. Therefore, we have to, I think, the Senator from Rhode Island, for his untarily and may not have much maintain a situation where the Medi- remarks. I want to really follow up on chance of future employment. Private care system begins at age 65. one of his last points. I say to Senator insurance for this group of seniors is Indeed, I hope that we will endeavor REED, I have in my hand a letter signed very expensive. to try to develop programs that would by some 80 businesses and business or- In my home State of Illinois, I broaden the base of health care insur- ganizations objecting to the increase in checked in the city of Chicago, and the ance for all Americans. It is quite dis- the Medicare eligibility age from 65 to average cost of health insurance for a turbing to listen to the statistics cited 67. These are not just a few odds and healthy male age 60 to 64 is $6,520— by my colleague from Illinois, and to ends when it comes to the business pro- healthy male. What if they had a pre- point out that many, many companies file of America. We not only have a let- existing condition, a serious medical are now no longer insuring, as a matter ter signed by the U.S. Chamber of Com- condition? The cost goes up over $10,000 of routine, their employees and, con- merce, but also the National Associa- a year. You are retired, you are going sequently, the percentage of insured tion of Manufacturers, companies like fishing, you are taking it easy, all of a Americans, particularly in the later ARCO and Bell Atlantic, Chrysler sudden, no health insurance. Where do years of their work life, is declining. Corp., Ford, General Motors, and the you turn? You just had a diagnosis that We would add to that precipitous de- list goes on and on. Making the point says you have a medical problem— cline by adopting this particular my colleague from Rhode Island made, $10,000 a year and you wait, counting amendment. they have already made a commitment the days until you are eligible for Indeed, also, we have to understand to their employees and it is this: We Medicare. that the majority of Medicare bene- will protect you with health insurance This bill does not help seniors. This ficiaries between the ages of 65 and 67, as a member of our family, our cor- bill does not help retirees. This bill who would be affected by this amend- porate family, after retirement until

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6092 CONGRESSIONAL RECORD — SENATE June 23, 1997 you are eligible for Medicare. Now, if sure, as well. Unfortunately, people for Medicare to that of its sister pro- we raise the Medicare eligibility 2 wait until they are in acute and crit- gram, Social Security. Yet, the manner years, these companies having made ical conditions before they come to a in which we are approaching this that commitment have a new liability hospital under those circumstances. change and the final outcome differ that they had not anticipated. It is not Then the care is more costly, and many dramatically and dangerously. only a cost but a disincentive to these times they sacrifice their health and First, it is important to note that the and other companies to make that kind their lives. In the name of balancing change in the age of eligibility for So- of promise. That is the real world. For the budget, let us not include a provi- cial Security, which begins to rise in people to see the simple symmetry be- sion raising the eligibility for Medicare 2003, was enacted in 1983. Therefore, in- tween Social Security and Medicare— that creates such a disadvantage and dividuals affected by the Social Secu- oh, it is going to 67 by the year 2027 on such pain and suffering for so many rity change will have had a minimum Social Security, and let’s go to 67 for working families across America. This of 20 years to adjust their retirement eligibility on Medicare—is to overlook is not an idea whose time has come. planning. By changing Medicare at this the real world that people live in. The This is an idea that should be shelved late date, we are giving future bene- employees who are faced with trou- until our commission working on the ficiaries only 6 years notice to absorb bling medical conditions late in their future of Medicare can come up with in their retirement planning a change lives who may not have health insur- sensible suggestions that really reflect that could eat up a significant portion ance coverage, who cannot afford to the reality of the world that many sen- of their retirement income, should buy it at that point in their lives, iors face today. they actually be able to purchase in- where are they? Who speaks for them Mr. President, at this point, I under- surance. It could also bankrupt them, in this Chamber? Who will stand up stand that before I make my point of if they are forced to go without insur- and say that these people deserve pro- order I must ask that all pending ance and suffer a devastating illness. tection and coverage? Well, we have it amendments be laid aside. I make that Second, under Social Security, indi- today—at least beginning at age 65. request. viduals will still be able to receive re- I hope that, in the name of balancing The PRESIDING OFFICER. Without duced benefits at age 62, the age of the budget and having some budget im- objection, it is so ordered. early retirement, if they choose to re- pact in the next century, we will not POINT OF ORDER tire before they are eligible for full throw away a basic commitment to Mr. DURBIN. Mr. President, I raise a benefits. Under this proposal, however, those in our country who have worked point of order that section 5611 of the senior citizens will be unable to receive so long and so hard. I will be making a bill, S. 947, contains provision that pro- any Medicare benefits until they reach point of order at this point in the de- duces no change in outlays or revenues the new age of eligibility. bate, unless others would like to speak. during the required period of time and A delay in eligibility for Medicare Mr. REED. If the Senator will yield therefore violates section 313 (b)(1)(A) could throw millions of senior citizens one more time. The fact is that this of the Congressional Budget Act of into the ranks of the uninsured. Unless will create a significant system im- 1974. we are willing to enact simultaneous pact. For example, private companies Mr. ROTH. Mr. President, pursuant insurance reforms to guarantee access may change their insurance packages, to section 904 (c) of the Congressional to affordable and comprehensive cov- et cetera. There is another impact, Budget Act of 1974, I move to waive the erage for this group, these senior citi- also. In this country, sick people—and point of order, and ask that debate on zens will be forced to forgo health secu- I hope in this country they will still the waiver be postponed until tomor- rity in their retirement. get care someplace. As a result, with- row following any votes ordered for to- In 1992, employer-related retiree out the Medicare Program, they will be morrow morning. health plans paid for only 6 percent of thrust upon the hospitals for uncom- The PRESIDING OFFICER. Is there health expenditures for persons over pensated care and thrust upon—if they objection? age 65. There is no reason to expect are low-income citizens—Medicaid pro- Without objection, it is so ordered. this number to increase. In fact, many grams or special programs at the State Mr. DURBIN. Mr. President, I ask for employers are now reducing or can- level. So as we hope to save at the Fed- the yeas and nays on the Senator’s mo- celing retiree health coverage for both eral level, we very well may generate tion to waive. early retirees and Medicare-eligible re- other costs, and perhaps larger costs, The PRESIDING OFFICER. Is there a tirees. According to one study, in 1988, at local-State levels and in other insur- sufficient second? 62 percent of firms offered retiree cov- ance programs. So, essentially, our There is a sufficient second. erage to those under age 65, and 55 per- commitment to Medicare, I feel, should The yeas and nays were ordered. cent offered benefits to those eligible be maintained. I, again, concur with Mr. ROTH. Mr. President, I suggest for Medicare. In just 4 years, by 1992, the Senator and thank him for yielding the absence of a quorum. the numbers of firms offering retiree me this time to further comment. The PRESIDING OFFICER. The health coverage had dropped nearly 10 Mr. DURBIN. I thank my colleague. clerk will call the roll. percent in both categories—to 52 and 46 Senator BARBARA BOXER of California The bill clerk proceeded to call the percent, respectively. and Senator TOM HARKIN of Iowa could roll. Members of the Corporate Health not be here for this debate, but they Mr. LAUTENBERG. Mr. President, I Care Coalition have ominously issued a wanted to have their names joined in ask unanimous consent that the order warning that this provision could has- support of our effort. for the quorum call be rescinded. ten the loss of employer-sponsored cov- In conclusion, I will say that my col- The PRESIDING OFFICER. Without erage. In a letter of June 16, 1997, they league from Rhode Island brings home objection, it is so ordered. state that raising the eligibility age the conclusion to this debate; that is, if Mr. KENNEDY. Mr. President, the ‘‘. . . could cause many [companies] to we shirk our responsibilities to these reconciliation bill before us today move to limit or eliminate their com- working families, if we walk away from seeks to raise the age of eligibility for mitment to retirees.’’ a Medicare promise of over three dec- Medicare from 65 to 67. If we allow this It is difficult to know why the Fi- ades, we will end up with people in un- increase to remain in the bill, we will nance Committee proposed this step, fortunate circumstances, many of them be breaking a compact made with mil- since it does not contribute a single sick, presenting themselves for care lions of future beneficiaries. For 32 penny toward their reconciliation in- without any health insurance, without years, we have said to working Ameri- structions. A change of this magnitude Medicare. Of course, most hospitals cans ‘‘pay into this program and we deserves careful study and planning. and most health care providers in this will provide you with health security The age of eligibility is precisely the country will do their best to treat at age 65.’’ During the drafting of this type of issue that ought to be consid- them anyway. Then the cost of that bill, however, this promise was cal- ered by the National Bipartisan Com- care will be borne by everyone, borne lously and capriciously cast aside. mission on the Future of Medicare, by those who pay into insurance and Proponents will claim that they are which this bill will create. To change those Government programs that in- merely conforming the eligibility age the age of eligibility suddenly, on the

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 23, 1997 CONGRESSIONAL RECORD — SENATE S6093 spur of the moment, on this reconcili- or continue to work productively. But including a massive infusion into our ation bill, is an unwise, unfortunate, in almost no case can they be assured education programs to provide young and unnecessary attack on all senior that they are going to get private people with opportunities for the fu- citizens. health insurance to take them over if ture, and again to protect senior citi- The provision also violates the Byrd they wanted to go beyond Medicare zens who are perhaps impoverished and rule because it does not affect spending protection. So private insurance can’t afford increased premiums. Sud- within the budget window. We elimi- doesn’t look like it is a real course for denly this is a new factor introduced nated this proposal 2 years ago, and those in that 65–66 category. from the Finance Committee which is Senator DURBIN’s point of order should It is a frightening prospect. I have an amendment to the basic bill. strike it from the bill again. never heard so many conversations In addition to the limit on amend- Mr. LAUTENBERG. Mr. President, I from people about their concerns about ments to the reconciliation, it would rise to support removing the provision health insurance. It is a continuing be very difficult even for Senators to on the increase in Medicare eligibility. subject. Notice that in job opportuni- consider fully various options. I would like to see that removed. This ties very often the health insurance The proponents of rating the eligi- provision, as we all know, calls for in- discussion is no longer one that is bility age in this bill argue that we creasing the eligibility age for Medi- available. Lots of small companies must act now to give Americans ade- care from 65 to 67. can’t afford to provide it, and they quate notice about a change that is Throughout our negotiations on the don’t. coming in the future. However, I would bipartisan budget agreement, there was So people are worried about the pros- note that this bill includes a commis- no serious discussion—none—of in- pect of bankruptcies as a result of a sion to look at the long-term issues in- creasing the eligibility age for Medi- catastrophic illness, about being put volving the Medicare Program. The care. And, if there was, even the most out on a limb and not getting the cov- commission is required to report with- casual discussion didn’t wind up in the erage that they need. We know that in 1 year of this bill’s enactment. If the bill. So it wasn’t believed in the con- hospital services in this area are expen- commission determines that a delay in tentious review that it would be appro- sive. We also know that there has been the eligibility age is required, Ameri- priate. Nor has this issue been the sub- a major change in the psychology of cans will have plenty of notice about ject of hearings or serious debate in the our society; that is, people in their six- that possibility to be able to respond 105th Congress. There is nothing in the ties no longer expect to be put out to with their community and with their budget resolution that calls for dealing pasture. They can do lots of good organizations. They will be able to with the issue, as I said. things. Take it from an expert here, send in considered opinions. I think we Nevertheless, the bill before us would they can do lots of good things. And must do that. increase the eligibility age for Medi- they want to know that their health is So I hope that my colleagues will care and would do so without pro- protected. support the effort to remove this provi- tecting the seniors aged 65 and 66 to So it is a scenario that could face sion from the reconciliation bill. It make sure that they will have access millions of Americans if we are not would be wrong to leave older Ameri- to affordable health insurance as they careful. cans without health care coverage. We age. Typically corporations now have If the Congress decides, Mr. Presi- certainly shouldn’t do so on something men aged 65 to offer retirement in dent, that the Medicare eligibility age that is going to move as rapidly as this many cases, and that is the vulnerable should be changed, there are ways to is without an opportunity for having age. If there is an illness that befalls protect senior citizens in the process. adequate public input and a full debate. someone or they run into economic dif- Some have suggested allowing uncov- So, Mr. President, again I salute the ferences during that period of time, ered seniors to pay a reasonable pre- effort of those who are offering the that is a very harmful experience. I mium in return for Medicare coverage. change because they think that it is es- think it would be a serious mistake to Others have suggested subsidizing pri- sential for the solvency and for the do that without making certain that vate insurance or other options. long-term survival of Medicare. But, on the those aged 65 and 66 are protected. I am not advocating any single pro- Before going further, I want to ac- gram at this point. My focus is that we the other hand, if it is that important knowledge that the Senators who are should not pull the rug out from mil- and that crucial, then we ought to responsible for this proposal are trying lions of Americans without ensuring make sure that we allow enough time in good faith to confront the long-term that they have at least a basic safety and allow enough review to make cer- problems facing the Medicare Program. net. tain that the step we are going to They deserve real credit for that. I, I also believe that a fast-track rec- choose is the correct one. too, would like to have a comprehen- onciliation bill is the wrong vehicle to Mr. President, I see nothing is going sive review on Medicare. be considering a fundamental change on at this moment. I therefore, note I think we have made a good first like this. For those who are not famil- the absence of a quorum, and I ask that step back when we finally had the pol- iar with our terminology, ‘‘fast track’’ it be charged to both sides. icy behind the development. That was means get it done, try to zip it through The PRESIDING OFFICER. Without to add years of solvency to the Medi- the place—not undercover but to try to objection, it is so ordered. care Program while we engaged in a get it done. The reconciliation bill is The clerk will call the roll. comprehensive review. So this is not one that kind of commands an enforce- The bill clerk proceeded to call the the time, frankly, nor the place on our ment mechanism for achieving the ob- roll. agenda to do that. So I disagree with jectives that we set out for ourselves— Mr. ROTH. Mr. President, I ask unan- their approach. in this case the balanced budget by the imous consent that the order for the My concern is that if we simply ex- year 2002, to try to extend the solvency quorum call be rescinded. clude 65- and 66-year-olds from Medi- of Medicare, take care of legal immi- The PRESIDING OFFICER. Without care, what do these folks do? At that grants who are here, to provide insur- objection, it is so ordered. age private health insurance can be ance coverage for children that are not prohibitively expensive, if it is avail- ensured. f able at all. Without Medicare, these Those are the missions that we en- compass in this bill. They were nego- people may have nowhere else to turn. MORNING BUSINESS Mr. President, I point out that more tiated over a long period of time—sev- and more businesses are dropping eral months. They were very difficult Mr. ROTH. Mr. President, I ask unan- health insurance coverage for their re- negotiations—difficult not because we imous consent there now be a period tirees. The trend has been accelerating were at each other’s throat but because for the transaction of morning business in recent years, and it may well con- we tried to deal with reason and with Senators permitted to speak for tinue into the future. thought and arrived at a consensus up to 5 minutes each. I know lots of people who face retire- that would take care of most of the The PRESIDING OFFICER. Without ment who want to engage in a business needs that we provide for our citizens, objection, it is so ordered.

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6094 CONGRESSIONAL RECORD — SENATE June 23, 1997 HOME HEALTH CARE PROSPEC- absorb the loss if their costs are over market basket index. The Secretary would TIVE PAYMENT ACT OF 1997 the rates. Therefore, I propose we in- be authorized to develop a payment provi- sion for outliers based on unusual variations Mr. HATCH. Mr. President, over the corporate a limited shared savings plan during the initial 2 years of the PPS to in the type or amount of medically necessary past several months, I have been devel- services. oping legislation to dramatically re- encourage more cost effective behavior by health care providers. Initial payment rates for a permanent pro- form the way Medicare pays for home spective payment system would be required health services. This effort builds on In addition, there needs to be greater to be developed in a manner that would as- my work in the Finance Committee sensitivity to the data demands and sure the achievement of the scorable savings during 1995 where I strove to see a pro- consequences in our proposal. For ex- of the act. spective payment system for home ample, there needs to be some discre- Section 6. Provides for home health serv- health services included in the Bal- tion for the Secretary of the Depart- ices to be reimbursed on the basis of the geo- anced Budget Act agreement. ment of Health and Human Services to graphic location where the service is fur- The culmination of this year’s efforts designate a different base year for ex- nished. is a bill I introduced on June 16, the traordinary situations that may arise Section 7. Provides for the elimination of Home Health Care Prospective Pay- in a particular case. There are other periodic interim payments for home health ment Act of 1997 (S. 913). The Home proposals that may be considered that services upon implementation of a perma- Health Care Prospective Payment Act might be good ideas in and of them- nent prospective payment system. is intended to achieve three primary selves. Some proposals, however, may Section 8. Provides for limiting Part A goals: impose data, time, or cost demands coverage of home health services to the first First, the bill will create incentives that are unnecessarily burdensome to 100 visits following a hospital stay. Clarifies providers, patients, or the Govern- coverage of intermittent and part-time nurs- for providers to behave in a more cost ing care. Provides for the exclusion of the effective manner. ment—but may not be necessary for costs of home health services from the cal- Second, it will help assure that the PPS implementation. culation of Part B monthly premiums. Pro- federal government achieves the nec- The changes I am proposing in my vides a new definition of the term ‘‘home- essary savings it seeks in order to en- legislation are not new to the Senate, bound’’. Authorizes the Secretary to deny sure the solvency of the Medicare pro- but merely reflect the information and coverage of home health services which are gram well into the next century. legislative history we have gained in excess of normative standards for the fre- And third, perhaps most importantly, through our consideration of Medicare quency and duration of care. my bill accomplishes these first two payment reforms. My legislation will goals while protecting the quality and make home health care reform con- f continuity of home health care services sistent with that history. for beneficiaries. Mr. President, for the benefit of my SKILLED NURSING FACILITIES As my colleagues are aware, I have colleagues I ask unanimous consent PROSPECTIVE PAYMENT ACT OF been a strong supporter of home health that a section-by-section analysis of S. 1997 care services ever since I came to this 913 be printed in the RECORD. body. I have applauded changes that There being no objection, the mate- Mr. HATCH. Mr. President, on June have made it easier to treat Medicare rial was ordered to be printed in the 16, 1997, I introduced legislation, S. 914, patients in the most cost-effective set- RECORD, as follows: proposing to revise the present system in which the Medicare Program pays ting. The changes we have made to the SECTION-BY-SECTION ANALYSIS for services provided by skilled nursing system have benefited many patients Section 1. Provides a short title and a who would otherwise have not received table of contents. facilities [SNF’s]. This legislation care. In other cases, these individuals Section 2. Provides that amendments made builds on my work in the Finance Com- would have had to wait until their by the Act are to the Social Security Act. mittee in 1995 when the committee in- health deteriorated to the point of hav- Section 3. Provides for the recapture of cluded a proposal I authored to imple- ing to be admitted to a hospital. This savings from the temporary freeze on pay- ment a prospective payment system for outcome was neither cost effective nor ments for home health payments from 1994 nursing home payments. to 1996 in updating home health costs limits good health care policy. for FY 1998 and subsequent years. As currently structured under Medi- We have learned a great deal about Section 4. Provides for the establishment care, seniors receive up to 100 days of Medicare reimbursement since we of an initial prospective payment system for skilled nursing facility services fol- passed the prospective payment system home health services beginning in FY 1998. lowing a 3-day hospitalization stay. [PPS] for hospitals in 1983. We now Payments would be based on rates equal to Currently, those services are reim- know the value of a proper transition the lower of— bursed on a cost-plus basis. As Medi- period so that providers will be able to Costs determined under the current reim- care has evolved, however, so have sys- manage their operations toward a per- bursement system (revised to limit costs to tems of cost-plus reimbursement. 105 percent of the median of visit costs for manent system. freestanding home health agencies and For many years, I have worked with We also know that we can model a eliminating annual rate updates); or my colleagues in the Senate to provide payment system that encourages pro- An agency-specific per-beneficiary annual seniors with the services they need in a viders to manage costs and utilization limit based on 1993 cost reports, multiplied skilled nursing facility setting. I have better. We realize that moving to a new by the agency’s unduplicated patient census. worked to modify the Medicare reim- reimbursement system is a massive un- Annual limits for new providers would be bursement methodology in order to dertaking. The amount of data, time, based on an average of limits applied to provide economic incentives to SNF other home health agencies. Incentive pay- and expense is enormous. It is espe- providers to provide the highest qual- cially important not to unnecessarily ments would be available to agencies equal to 50 percent of the amount by which its year ity of care at a reasonable and afford- burden health care providers, Govern- able price to the Medicare Program. ment, or patients with administrative end reasonable costs are below its per-bene- ficiary annual limit. requests. My legislation will accomplish that Section 5. Provides for the establishment goal. My legislation proposes to begin a of a permanent prospective payment system transition to a home health care PPS for home health services beginning in FY Congress initially began requiring immediately, rather than waiting until 2000. Payments would cover all services in- prospective payments for skilled nurs- fiscal year 2000. Instead of relying on cluded in the Medicare home health benefit, ing facilities in the early 1980’s. How- cost limits, we can begin using pre- including medical supplies. In determining ever, the Health Care Financing Ad- determined rates in an initial PPS sys- payment amounts, the Secretary of Health ministration [HCFA] has not been able tem during fiscal years 1998 and 1999. and Human Services would be required to de- to identify an appropriate payment The principle behind prospective pay- termine an appropriate unit of home health methodology, and how best to define service, to provide for adjustments based on ment is to shift the risk from the Gov- variations in the mix of services provided, the services provided to seniors in a ernment to providers. This is done by and to assure continued access to quality comprehensive way. Nevertheless, we rewarding providers for keeping their services. Payments would be subject to an- have come a long way since the mid costs below the rates—or having them nual adjustments based on the home health 1980’s in understanding the proper

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 23, 1997 CONGRESSIONAL RECORD — SENATE S6095 structure of prospective payment sys- by-section summary of my bill and I the quality of skilled nursing facility fur- tems. We are now on the verge of fun- ask unanimous consent that it be nished to Medicare beneficiaries. damentally revamping the current printed in the RECORD. f cost-plus payment system for these im- There being no objection, the mate- MESSAGES FROM THE PRESIDENT portant services. rial was ordered to be printed in the Messages from the President of the Let me briefly describe the key parts RECORD, as follows: United States were communicated to of my legislation. SECTION-BY-SECTION ANALYSIS First, during fiscal year 1998, the the Senate by one of his secretaries. Establishes a prospective payment system Health Care Financing Administration EXECUTIVE MESSAGES REFERRED for skilled nursing facility (SNF) services As in executive session the Presiding will begin phase one of a per diem, pro- and provides for consolidated billing of Part spective payment system [PPS] for B services provided to residents of such fa- Officer laid before the Senate messages skilled nursing facilities. Such pay- cilities. from the President of the United ment would be based on historical data Subsection (a): Provides for the establish- States submitting sundry nominations regarding a particular facility’s costs ment of a prospective payment system for which were referred to the appropriate and services provided. While it is ex- services covered by the Medicare skilled committees. pected that the new rate is an all-in- nursing facility benefit, including routine (The nominations received today are clusive rate, encompassing routine service, ancillary services (except diagnostic printed at the end of the Senate pro- costs, ancillary services, and capital- services), and related capital costs, begin- ceedings.) ning with cost reporting periods starting on f related expenses, during the first year, or after July 1, 1998. Payment would be based HCFA is likely to adjust both the in- on per diem rates established by the Sec- REPORT ON FEDERAL ADVISORY clusion of ancillary services and cap- retary of Health and Human Services. COMMITTEES FOR FISCAL YEAR ital costs only when they have suffi- Provides a four-year transition period for 1995—MESSAGE FROM THE PRESI- cient data to adequately measure and shifting the calculation of payments rates DENT—PM 47 quantify the level of those services. from facility-specific historic cost data to It would be unfortunate for HCFA to average national or regional costs. During The PRESIDING OFFICER laid be- put into effect a system that did not the first year of the new system, payments fore the Senate the following message adequately account for the medical would be based on facility-specific per diem from the President of the United rates. For the second through fourth years, States, together with an accompanying services offered to residents within a payments would be based on a blend of facil- skilled nursing home. I urge HCFA to report; which was referred to the Com- ity-specific and federal rates. In the fifth mittee on Government Affairs. implement and include all ancillaries year and thereafter, payments would be only when the data and the informa- based exclusively on federal per diem rates. To the Congress of the United States: tion are adequate. Payments to new facilities would be based As provided by the Federal Advisory Second, during the 4 four years the on federal per diem rates. Committee Act, as amended (Public prospective payment system will Federal per diem rates would be deter- Law 92–463; 5 U.S.C., App. 2, 6(c)), I am evolve into a full PPS system where mined by the Secretary on the basis of 1995 submitting my third Annual Report on the services for an individual in a cost data for all SNF settings and would in- Federal Advisory Committees, covering skilled nursing facility bed will be ad- clude an estimate of amounts that would be fiscal year 1995. payable under Part B for services furnished justed for their medical and nursing to SNF residents. Rates would be adjusted by Consistent with my commitment to needs. This legislation calls on HCFA variations in wage levels and case mix and create a more responsive government, to develop a case-mix methodology could be computed separately for urban and the executive branch continues to im- that adequately reflects the medical rural areas based on national or regional plement my policy of maintaining the needs of each patient. I have heard classification. Rates would be updated annu- number of advisory committees within from many experts that the current ally by the skilled nursing facility market the ceiling of 534 required by Executive case mix methodology does not ade- basket index. Order 12838 of February 10, 1993. As a quately reflect certain medical needs Federal payment rates would be applied to result, my Administration held the of many skilled nursing home patients. individual facilities subject to adjustments number of discretionary advisory com- for case mix and geographic variations in It is my intention that the case-mix labor costs. A method of making adjust- mittees (established under general con- methodology be current and reflect all ments based on case mix variations would be gressional authorizations) to 512, or 36 services provided. required to be developed by the Secretary in percent fewer than the 801 committees And third, once this system is in the form of a regulation subject to public no- in existence at the time I took office. place, it will provide the right kind of tice and comment. During fiscal year 1995, executive de- economic incentives so that providers SNFs would be required to provide to the partments and agencies expanded their will seek all services medically nec- Secretary with resident assessment data as efforts to coordinate the implementa- essary. The Medicare Program will not may be necessary to develop and implement tion of Federal programs with State, be in a situation of overpaying for such per diem rates. local, and tribal governments. To fa- The Secretary would be required to develop cilitate these important efforts, my services; it will provide a competitive an appropriate method of applying a prospec- balance so that all skilled nursing serv- tive payment system to Medicare low vol- Administration worked with the Con- ices, regardless of whether they are ume SNFs and swing bed hospitals. gress to pass the ‘‘Unfunded Mandates hospital SNF beds or freestanding SNF Subsection (b): Provides for consolidated Reform Act of 1995’’ (Public Law 104–4), beds, will have comparable incentives billing of most Part B services furnished to which I signed into law on March 22, to provide high quality services to residents of a skilled nursing facility, includ- 1995. The Act provides for an exclusion beneficiaries. ing services provided by other entities under from the Federal Advisory Committee It is extremely important that we arrangement. Claims for such services would Act (FACA) for interactions between change the existing and limited incen- be required to be submitted directly by the Federal officials and their intergovern- tives in the Medicare system so that SNF and include a code or codes identifying mental partners while acting in their the items or services delivered. Payment providers will offer services in the would be made to the SNF based on the Part official capacities. This action will di- most cost-effective way. Hospitals are B payment methodology (such as fee sched- rectly support our joint efforts to already under a PPS system; physi- ules) applicable to the particular item or strengthen accountability for program cians are reimbursed on a predeter- service. Facilities would be permitted to re- results at the local level. mined rate as well. This approach is assign such payments when the item or serv- Through the advisory committee now the next important step in our ice was furnished by another entity. Pay- planning process required by Executive continuing effort to ensure appropriate ments for therapy services would be required Order 12838, departments and agencies fiscal responsibility by the Federal to reflect the new salary equivalency guide- have worked to minimize the number Government while also ensuring that lines for physical, occupational, and res- of advisory committees specifically piratory therapy and speech-language pa- seniors have access to the important thology after such guidelines are finalized mandated by statute. There were 407 health benefits offered under the Medi- through the regulatory process. such groups in existence at the end of care Program. The Secretary would be required to estab- fiscal year 1995, representing a 7 per- Mr. President, for the benefit of my lish a medical review process to examine the cent decrease over the 439 at the begin- colleagues, I have prepared a section- effects of the changes made by the Act on ning of my Administration. However,

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6096 CONGRESSIONAL RECORD — SENATE June 23, 1997 we can do more to assure that the total mittee, transmitting, pursuant to law, the Application; Exception from Informed Con- costs to fund these groups, $46 million, annual report for calendar year 1996; to the sent; Technical Amendment’’, received on are dedicated to support high-priority Committee on Commerce, Science, and June 20, 1997; to the Committee on Labor and Transportation. Human Resources. public involvement efforts. EC–2274. A communication from the Sec- EC–2285. A communication from the Execu- My Administration will continue to retary of the U.S. Consumer Product Safety tive Director, District of Columbia Financial work with the Congress to assure that Commission, transmitting, pursuant to law, Responsibility and Management Assistance all advisory committees that are re- a rule requiring child-resistant packaging Authority, transmitting, a resolution rel- quired by statute are regularly re- for ketoprofen received on May 22, 1997; the ative to the disapproval of financial plan and viewed through the congressional reau- Committee on Commerce, Science, and budget Act 12–94; to the Committee on Gov- thorization process and that remaining Transportation. ernmental Affairs. EC–2286. A communication from the Direc- groups are instrumental in achieving EC–2275. A communication from the Direc- tor of Resource Management and Planning tor, U.S. Office of Personnel Management, national interests. The results that can Staff, Trade Development, International transmitting, pursuant to law, a rule enti- be realized by working together to Trade Administration, Department of Com- tled ‘‘Standards for a Merit System of Per- achieve our mutual objective of a bet- merce, transmitting, pursuant to law, a rule sonnel Administration’’ (RIN3206–AH90), re- ter, more accessible government will concerning the Market Development Coop- ceived on June 20, 1997; to the Committee on increase the public’s confidence in the erator Program (RIN0625–ZA05) received on Governmental Affairs. June 3, 1997; to the Committee on Commerce, EC–2287. A communication from the Coun- effectiveness of our democratic system. cil of the District of Columbia, transmitting, WILLIAM J. CLINTON. Science, and Transportation. EC–2276. A communication from the Sec- pursuant to law, copies of D.C. Act 12–85 THE WHITE HOUSE, June 23, 1997. retary of Commerce, transmitting, pursuant adopted by the Council on May 6, 1997; to the f to law, a report on the use of Advanced Tele- Committee on Governmental Affairs. EC–2288. A communication from the Coun- MESSAGES FROM THE HOUSE communications Services for medical pur- poses; to the Committee on Commerce, cil of the District of Columbia, transmitting, At 1:29 p.m., a message from the Science, and Transportation. pursuant to law, copies of D.C. Act 12–86 House of Representatives, delivered by EC–2277. A communication from the Chair- adopted by the Council on May 6, 1997; to the man of the Federal Trade Commission, Committee on Governmental Affairs. Ms. Goetz, one of its reading clerks, an- EC–2289. A communication from the Coun- transmitting, pursuant to law, the report of nounced that the House has passed the cil of the District of Columbia, transmitting, its accomplishments for fiscal year 1996; to following bill, in which it requests the pursuant to law, copies of D.C. Act 12–87 the Committee on Commerce, Science, and concurrence of the Senate: adopted by the Council on May 6, 1997; to the Transportation. H.R. 1902. An act to immunize donations EC–2278. A communication from the Ad- Committee on Governmental Affairs. EC–2290. A communication from the Coun- made in the form of charitable gift annuities ministrator of the Agricultural Marketing cil of the District of Columbia, transmitting, and charitable remainder trusts from the Service, Department of Agriculture, trans- pursuant to law, copies of D.C. Act 12–90 antitrust laws and State laws similar to the mitting, pursuant to law, a rule entitled adopted by the Council on May 6, 1997; to the antitrust laws. ‘‘Limes Grown in Florida’’ (FV97–911–1A– Committee on Governmental Affairs. f IFR) received on June 5, 1997; to the Com- EC–2291. A communication from the Coun- mittee on Agriculture, Nutrition, and For- EXECUTIVE AND OTHER cil of the District of Columbia, transmitting, estry. pursuant to law, copies of D.C. Act 12–88 COMMUNICATIONS EC–2279. A communication from the Chief, adopted by the Council on May 6, 1997; to the Programs and Legislation Division, Office of The following communications were Committee on Governmental Affairs. laid before the Senate, together with Legislative Liaison, Office of the Secretary, EC–2292. A communication from the Coun- accompanying papers, reports, and doc- Department of the Air Force, Department of cil of the District of Columbia, transmitting, Defense, transmitting, pursuant to law, a re- pursuant to law, copies of D.C. Act 12–91 uments, which were referred as indi- port relative to reducing the cost of Base Op- cated: adopted by the Council on May 6, 1997; to the erating Support; to the Committee on Armed Committee on Governmental Affairs. EC–2267. A communication from the Sec- Services. EC–2293. A communication from the Coun- retary of the Interior, transmitting, pursu- EC–2280. A communication from the Chief, cil of the District of Columbia, transmitting, ant to law, a report entitled ‘‘Outer Conti- Programs and Legislative Division, Office of pursuant to law, copies of D.C. Act 12–92 nental Shelf Lease Sales: Evaluation of Bid- Legislative Liaison, Office of the Secretary, adopted by the Council on May 6, 1997; to the ding Results and Competition’’; to the Com- Department of the Air Force, Department of Committee on Governmental Affairs. mittee on Energy and Natural Resources. Defense, transmitting, pursuant to law, a re- EC–2294. A communication from the Coun- EC–2268. A communication from the Acting port relative to cost comparison of the Hous- cil of the District of Columbia, transmitting, Deputy, Assistant Secretary for Fish and ing Maintenance function at Ramsten Air pursuant to law, copies of D.C. Act 12–93 Wildlife and Parks, Office of the Secretary, Base, Germany; to the Committee on Armed adopted by the Council on May 6, 1997; to the Department of the Interior, transmitting, Services. Committee on Governmental Affairs. pursuant to law, a report relative to the El EC–2281. A communication from the Chief, EC–2295. A communication from the Direc- Camino Real de Tierra Adentro; to the Com- Programs and Legislative Division, Office of tor, U.S. Office of Governmental Ethics, mittee on Energy and Natural Resources. Legislative Division, Office of Legislative Li- transmitting, pursuant to law, a report of a EC–2269. A communication from the Sec- aison, Office of the Secretary, Department of rule entitled ‘‘Executive Branch Financial retary of Transportation, transmitting, a the Air Force, Department of Defense, trans- Disclosure, Qualified Trusts, and Certificates draft of proposed legislation entitled ‘‘The mitting, pursuant to law, a report relative to of Divestiture’’ (RIN3209–AA00), received on Amtrak Restructuring Act of 1997’’; to the initiating cost comparisons of the Telephone June 18, 1997; to the Committee on Govern- Committee on Commerce, Science, and Operations functions; to the Committee on mental Affairs. Transportation. Armed Services. EC–2296. A communication from the Sec- EC–2270. A communication from the Sec- EC–2282. A communication from the Direc- retary of the Treasury, transmitting, pursu- retary of Transportation, transmitting, pur- tor, Office of Regulatory Management and ant to law, a report relative to the Inspector suant to law, a report entitled ‘‘The Re- Information, Office of Policy, Planning and General’s Act for the period of October 1, gional Attorney Pilot Project’’; to the Com- Evaluation, U.S. Environmental Protection 1996 to March 31, 1997; to the Committee on mittee on Commerce, Science, and Transpor- Agency, transmitting, pursuant to law, a re- Governmental Affairs. tation. port of three rules relative to Air Quality EC–2297. A communication from the Office EC–2271. A communication from the Assist- Implementation Plans, received on June 20, of the Chairman, Board of Directors, Panama ant Secretary of Commerce for Legislative 1997; to the Committee on Environment and Canal Commission, transmitting, pursuant and Intergovernmental Affairs, transmit- Public Works. to law, a report under the Inspector Gen- ting, a draft of proposed legislation entitled EC–2283. A communication from the Chief, eral’s Act for the period October 1, 1996 ‘‘The NOAA Corps Disestablishment Act’’; to Regulations Unit, Internal Revenue Service, through March 31, 1997; to the Committee on the Committee on Commerce, Science, and Department of Treasury, transmitting, pur- Governmental Affairs. Transportation. suant to law, a report of a rule relative to EC–2298. A communication from the Gen- EC–2272. A communication from the Acting prescribed rates for federal income tax pur- eral Counsel, Federal Retirement Thrift In- General Counsel of the Department of De- poses, received on June 20, 1997; to the Com- vestment Board, transmitting, pursuant to fense, transmitting, a draft of proposed legis- mittee on Finance. law, a rule relative to the Thrift Savings lation that would clarify the treatment of EC–2284. A communication from the Direc- Plan, received on June 16, 1997; to the Com- military and National Guard aircraft as pub- tor, Regulations Policy Management Staff, mittee on Governmental Affairs. lic aircraft; to the Committee on Commerce, Office of Policy Food and Drug Administra- EC–2299. A communication from the Execu- Science, and Transportation. tion, Department of Health and Human Serv- tive Director of the District of Columbia Fi- EC–2273. A communication from the Execu- ices, transmitting, pursuant to law, a report nancial Responsibility and Management As- tive Director of the U.S. Olympic Com- of a rule entitled ‘‘Investigational New Drug sistance Authority, transmitting, pursuant

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 23, 1997 CONGRESSIONAL RECORD — SENATE S6097 to law, the Financial Plan and Budget for a report relative to the period October 1, 1996 in life. Yet, in direct defiance of this Fiscal Year 1998; to the Committee on Gov- through March 31, 1997; to the Committee on principle, the Federal Government has ernmental Affairs. Governmental Affairs. engineered policies and programs to EC–2300. A communication from the Direc- f tor, U.S. Office of Personnel Management, award valuable Federal dollars, jobs, transmitting, a draft of proposed legislation INTRODUCTION OF BILLS AND and contracts to individuals based on relative to judicial review to protect the JOINT RESOLUTIONS the immutable traits of race and gen- merit system; to the Committee on Govern- der. In fact, last summer, the Congres- mental Affairs. The following bills and joint resolu- sional Research Service found that the EC–2301. A communication from the Coun- tions were introduced, read the first Federal Government runs approxi- cil of the District of Columbia, transmitting, and second time by unanimous con- mately 160 race and gender preference pursuant to law, copies of D.C. Act 12–79 sent, and referred as indicated: programs. adopted by the Council on May 6, 1997; to the By Mr. MCCONNELL (for himself, Mr. These preference practices and pro- Committee on Governmental Affairs. HATCH, Mr. KYL, and Mr. SESSIONS): EC–2302. A communication from the Coun- grams serve to divide, rather than S. 950. A bill to provide for equal protec- cil of the District of Columbia, transmitting, unite. There are no winners in a world tion of the law and to prohibit discrimina- pursuant to law, copies of D.C. Act 12–80 of government-sponsored set-asides and tion and preferential treatment on the basis adopted by the Council on May 15, 1997; to of race, color, national origin, or sex in Fed- quotas. the Committee on Governmental Affairs. eral actions, and for other purposes; read the First, Government preferences harm EC–2303. A communication from the Sec- first time. the very ones it seeks to help. Minori- retary of Health and Human Services, trans- ties who receive affirmative action mitting, pursuant to law, a report under the f Inspector General’s Act for the period Octo- preferences are often stigmatized and ber 1, 1996 through March 31, 1997; to the STATEMENTS ON INTRODUCED stereotyped. And, the stigma doesn’t Committee on Governmental Affairs. BILLS AND JOINT RESOLUTIONS stop with those who receive the pref- EC–2304. A communication from the Fed- By Mr. MCCONNELL (for himself, Mr. erences. The cloud also unfairly hovers eral Co-Chairman, Appalachian Regional HATCH, Mr. KYL and Mr. SESSIONS): over the heads of all the other minori- Commission, transmitting, pursuant to law, ties whose accomplishments are not a report under the Inspector General’s Act S. 950. A bill to provide for equal pro- tection of the law and to prohibit dis- based on their race or gender, but pure- for the period October 1, 1996 through March ly on merit. All of this serves to rein- 31, 1997; to the Committee on Governmental crimination and preferential treatment Affairs. on the basis of race, color, national ori- force group stereotypes at a time when EC–2305. A communication from the Chair- gin, or sex in Federal actions, and for we so desperately need to move beyond man and General Counsel, U.S. Government other purposes; read the first time. division. National Labor Relations Board, transmit- Second, every time the Government ting, pursuant to law, a report for the period THE CIVIL RIGHTS ACT OF 1997 grants a preference to one person based October 1, 1996 through March 31, 1997; to the Mr. MCCONNELL. Mr. President, I on race or gender, it discriminates Committee on Governmental Affairs. am pleased today to announce the in- against another based on race and gen- EC–2306. A communication from the Ad- troduction of the Civil Rights Act of der. Discrimination by any other name ministrator, National Aeronautics and Space 1997. President Clinton has asked for a Administration, transmitting, pursuant to is still discrimination. And, it still national dialog on the issue of race in strikes at the very heart and soul of law a report relative to the period ending America. I applaud his efforts and wel- March 31, 1997; to the Committee on Govern- the person being discriminated against. mental Affairs. come this opportunity. Let me put a face on this discrimina- EC–2307. A communication from the Sec- Any discussion of race must begin tion, as reported recently in the Wall retary of Energy, transmitting, pursuant to with the basic principle that all are Street Journal: law, sixteen reports relative to the period of created equal. In fact, the Constitu- Michelle Doe is a 16-year-old girl and a October 1, 1996 through March 31, 1997; to the tion, our Nation’s most cherished docu- straight-A student from a humble back- Committee on Governmental Affairs. ment, mandates that all individuals re- ground in Corpus Christi, TX. She decided EC–2308. A communication from the Public ceive the equal protection of the laws. that she wanted to go to summer camp. The Printer, U.S. Government Priniting Office, No one in our history understood the camp was called Camp Planet Earth, and was transmitting, pursuant to law, a report rel- funded by the Federal Government’s Na- ative to the period from October 1, 1996 principle of equality better than the Reverend Martin Luther King, Jr. Rev- tional Science Foundation. through March 31, 1997; to the Committee on Michelle applied and became a finalist. Her Governmental Affairs. erend King spoke eloquently about a hopes were dashed, however, during the EC–2309. A communication from the Direc- time when people would be judged by interview stage where it became clear that tor of the Office of Regulatory Management the ‘‘content of their character’’ and she wasn’t eligible for the camp. Why wasn’t and Information, U.S. Environmental Pro- not the ‘‘color of their skin.’’ He, like she eligible? Was it her grades? No, she was tection Agency, transmitting, pursuant to so many of us do today, prayed for a straight-A student. Was it her application law, three rules including a rule entitled form? Did she forget to answer a question on ‘‘Correction of Implementation Plans’’ America to become a colorblind soci- ety. her application? No. (FRL5847–8, 5848–4, 5844–3) received on June Michelle was denied the opportunity to go 23, 1997; to the Committee on Environment This fundamental principle of equal- summer camp because of her race. You see, and Public Works. ity is the foundation for the Civil ‘‘the program was for ‘minorities’ only,’’ and EC–2310. A communication from the Regu- Rights Act of 1997, which declares that: Michelle was not a minority. latory Policy Official, National Archives and the Federal Government shall not dis- In the words of the Wall Street Jour- Records Administration, a report of a rule criminate against or grant a preference relative to Reproduction Fee Schedule nal, ‘‘[w]hen Michelle went looking for (RIN3095–AA71), received on June 17, 1997; to to any individual or group based on some productive way to spend her sum- the Committee on Governmental Relations. race, color, national origin, or sex. mer, she soon discovered that the gov- EC–2311. A communication from the Regu- The Federal Government must lead ernment divides people according to latory Policy Official, National Archives and by example. We must promote a nation skin color.’’ Records Administration, transmitting, pur- where our citizens are seen as individ- Third, race and gender preferences suant to law, a report of a rule entitled ‘‘Do- uals and not as mere members of a create a downward spiral of division mestic Distribution of United States Infor- group. We must declare that the immu- and animosity in our national melting mation Agency Materials in the Custody of table traits of race and sex will not be the National Archives’’ (RIN3095–AA55), re- pot. Government preferences put indi- ceived on June 17, 1997; to the Committee on relevant in Federal contracting and viduals into little group boxes and then Governmental Affairs. employment. Simply put, the Federal pit them against each other. African- EC–2312. A communication from the Chair- Government should not decide who Americans against Hispanic-Americans man, National Endowment for the Arts, gets the contract or who gets the job against Asian-Americans against Cau- transmitting, pursuant to law, a report rel- based on race and gender. casian-Americans. ative to the period of October 1, 1996 to NO WINNERS IN A WORLD OF GOVERNMENT Some have even gone so far to cal- March 31, 1997; to the Committee on Govern- PREFERENCES mental Affairs. culate the amount of money that one EC–2313. A communication from the In- Throughout our nation’s long his- race owes to another. For example— spector General, U.S. Office of Personnel tory, we have established that certain and I promise that I’m not making this Management, transmitting, pursuant to law, immutable traits should be irrelevant up—Richard America, a lecturer at the

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6098 CONGRESSIONAL RECORD — SENATE June 23, 1997 Georgetown University School of Busi- riers in our lives, our minds, and our (1) the fifth and fourteenth amendments to ness, has written a book that he calls, hearts.’’ The President must realize the Constitution guarantee that all individ- ‘‘Paying the Social Debt: What White that the Federal Government has to uals are entitled to equal protection of the America Owes Black America.’’ Ac- laws, regardless of race, color, national ori- take the lead in removing these bar- gin, or sex; cording to the Washington Post, Mr. riers. He must realize what the Amer- (2) the Supreme Court, in Adarand Con- America has estimated that ‘‘White ican people know—that is—race and structors, Inc. v. Pena, 515 U.S. 200 (1995), re- America Owes Black America’’ five to gender preferences serve only to raise cently affirmed that this guarantee of equal- ten trillion dollars. barriers and to widen the breach. ity applies to Federal actions; With all due respect to Mr. America, I firmly believe that, in a matter of (3) the Federal Government currently con- I cannot imagine a mentality that is years, we will look back upon our Gov- ducts over 150 programs, including con- more un-American. Our Nation cannot ernment’s current race and gender tracting programs, that grant preferences survive and thrive with this type of based on race, color, national origin, or sex; preferences and shake our heads and and ledger sheet mentality. Justice Scalia wonder how we could have ever allowed summed up this point very poignantly (4) the Federal Government also grants such discriminatory and divisive prac- preferences in employment based on race, in Adarand, and I quote: tices to occur for so long. The Civil color, national origin, or sex. Individuals who have been wronged by un- Rights Act of 1997 is the next step in (b) PURPOSE.—The purpose of this Act is to lawful racial discrimination should be made our Nation’s struggle to overcome dis- provide for equal protection of the laws and whole; but under our Constitution there can crimination and to achieve unity as a to prohibit discrimination and preferential be no such thing as either a creditor or debt- treatment in the Federal Government on the or race. * * * In the eyes of the government, nation of individual Americans, not basis of race, color, national origin, or sex. we are just one race here. It is American. groups. SEC. 3. PROHIBITION AGAINST DISCRIMINATION COURTS AND THE AMERICAN PEOPLE UNDER- We must provide genuine opportuni- AND PREFERENTIAL TREATMENT. STAND THE DANGER AND DIVISIVENESS OF RA- ties to all disadvantaged individuals, Notwithstanding any other provision of CIAL PREFERENCES regardless of race or gender. These op- law, neither the Federal Government nor The courts and the American people portunities can become a reality any officer, employee, or agent of the Fed- understand the danger and divisiveness through a comprehensive em- eral Government shall— of racial preferences. (1) intentionally discriminate against, or powerment strategy that includes: grant a preference to, any person or group First and foremost, the Supreme strict enforcement of the laws against based in whole or in part on race, color, na- Court has ruled that racial preferences discrimination, court-ordered remedial tional origin, or sex, in connection with— deserve the most exacting and strict action for victims of specific acts of (A) a Federal contract or subcontract; scrutiny. In the landmark case of discrimination, and targeted outreach (B) Federal employment; or Adarand, the Court ruled that racial and recruiting efforts to encourage all (C) any other federally conducted program preferences will be allowed to stand qualified minorities to apply for Fed- or activity; or only where they meet a compelling eral employment and contracts. We (2) require or encourage a Federal con- tractor or subcontractor, or the recipient of government interest that is narrowly must also: improve our education sys- tailored to redress specific past dis- a license or financial assistance, to discrimi- tem through competition and school nate intentionally against, or grant a pref- crimination. choice, provide economic opportunities Just this month, the district court in erence to, any person or group based in through reduced regulatory and tax whole or in part on race, color, national ori- Adarand ruled that the Federal high- burdens, move more and more persons gin, or sex, in connection with any Federal way construction program at issue in from the welfare roll to the payroll, contract or subcontract or Federal license or that case did not meet the Supreme and finally, make the streets safer for financial assistance. Court’s strict scrutiny standard and, SEC. 4. AFFIRMATIVE ACTION PERMITTED. thus, violated of the equal protection every American child. I would like to close today by This Act does not prohibit or limit any ef- clause. fort by the Federal Government or any offi- Second, lower courts, including the quoting Ward Connerly, who so val- cer, employee, or agent of the Federal Gov- third, fourth, and fifth circuits, have iantly led the fight in California to end ernment— recently struck down affirmative ac- discrimatory preferences. In his recent (1) to encourage businesses owned by tion programs. Additionally, a panel of letter to the President, Mr. Connerly women and minorities to bid for Federal con- the ninth circuit has upheld the deci- wrote: tracts or subcontracts, to recruit qualified For the American experiment with democ- women and minorities into an applicant pool sion of the California voters to ban for Federal employment, or to encourage preferences in California State govern- racy to succeed and for every American to have an equal chance to compete to fulfill participation by qualified women and mi- ment. norities in any other federally conducted Last, and most importantly, the our dreams, it will be necessary for the fac- tory worker, the bus driver, the police offi- program or activity, if such recruitment or American people understand that pref- cer, the fire official, the secretary, and all encouragement does not involve granting a erences forever defer the dream of a other Americans to embrace the principle of preference, based in whole or in part on race, colorblind society. Public opinion polls equality and to believe fervently in the prop- color, national origin, or sex, in selecting show that large majorities of Ameri- osition that ‘‘race has no place in American any person for the relevant employment, cans oppose racial preferences, includ- life or law.’’ contract or subcontract, benefit, oppor- ing a large percentage of minorities. tunity, or program; or I also want to say a special word of (2) to require or encourage any Federal For example, a recent Washington gratitude to Senators HATCH, KYL, and contractor, subcontractor, or recipient of a Post-ABC News survey showed that not SESSIONS for their co-sponsorship of Federal license or Federal financial assist- even a majority of African-Americans this civil rights legislation. Their lead- ance to recruit qualified women and minori- favor preferences. ership and integrity will be invaluable ties into an applicant pool for employment, A recent Zogby poll asked Americans in our fight for all Americans to be or to encourage businesses owned by women about their view of this legislation. treated as equal in the eyes of the law. and minorities to bid for Federal contracts The question asked ‘‘Would you sup- I ask unanimous consent that the or subcontracts, if such requirement or en- couragement does not involve granting a port a federal law to ban discrimina- text of the bill and a summary of the tion and preferential treatment in the preference, based in whole or in part on race, bill be printed in the RECORD. color, national origin, or sex, in selecting government?’’ An overwhelming 83 per- There being no objection, the mate- any individual for the relevant employment, cent of Americans stated that they rial was ordered to be printed in the contract or subcontract, benefit, oppor- would support such a law, including 79 RECORD, as follows: tunity, or program. percent of African-Americans. S. 950 SEC. 5. CONSTRUCTION. The American people and the courts Be it enacted by the Senate and House of Rep- (a) HISTORICALLY BLACK COLLEGES AND UNI- VERSITIES.—Nothing in this Act shall be con- understand this issue and I am hopeful resentatives of the United States of America in strued to prohibit or limit any act that is de- that the Congress and the President Congress assembled, signed to benefit an institution that is an will understand this issue as well as SECTION 1. SHORT TITLE. they do. historically Black college or university on This Act may be cited as the ‘‘Civil Rights the basis that the institution is an histori- CONCLUSION Act of 1997’’. cally Black college or university. The President said over the weekend SEC. 2. FINDINGS AND PURPOSE. (b) INDIAN TRIBES.—This Act does not pro- that he wants to ‘‘break down the bar- (a) FINDINGS.—Congress finds that— hibit any action taken—

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 23, 1997 CONGRESSIONAL RECORD — SENATE S6099 (1) pursuant to a law enacted under the preferences to, individuals based in whole or To the contrary, last week in the constitutional powers of Congress relating to in part on race, color, national origin, or sex, Senate Judiciary Committee we heard the Indian tribes; or in connection with federal contracts, em- from a panel of ordinary citizens who (2) under a treaty between an Indian tribe ployment, or other programs or activities. movingly told us of their experiences (2). Prohibits the Federal Government and the United States. with discrimination in America. (c) CERTAIN SEX-BASED CLASSIFICATIONS.— from requiring or encouraging federal con- This Act does not prohibit or limit any clas- tractors, subcontractors, licensees, or recipi- Among them was a Chinese-American sification based on sex if— ents of federal assistance, to discriminate, or mother from San Francisco, Charlene (1) the classification is applied with re- grant preferences to individuals on the basis Loen, who told us how her young son spect to employment and the classification of their race, color, national origin, or sex. Patrick was denied admission to an would be exempt from the prohibitions of The Act defines ‘‘preference’’ as ‘‘an advan- elite public magnet school, Lowell title VII of the Civil Rights Act of 1964 by tage of any kind’’ including quotas, set- High School, because he is Chinese. reason of section 703(e)(1) of such Act (42 asides, goals, timetables, and other numer- The school district’s efforts to ensure U.S.C. 2000e–2(e)(1)); or ical objectives. diversity among its students led it to The bill expressly protects the Federal (2) the classification is applied with re- employ a system of racial preference spect to a member of the Armed Forces pur- Government’s ability to engage in outreach, suant to statute, direction of the President recruiting, and marketing efforts—the origi- that had the effect of capping Chinese or Secretary of Defense, or Department of nal form of affirmative action. enrollment in many of its schools, forc- Defense policy. The bill maintains the full range of judi- ing Chinese children to score much (d) IMMIGRATION AND NATIONALITY LAWS.— cial remedies currently available to proven higher on entrance exams than chil- This Act does not affect any law governing individual victims of race or sex discrimina- dren of other races. At virtually every immigration or nationality, or the adminis- tion. public school Ms. Loen approached, she tration of any such law. The bill contains exemptions for histori- was first asked whether Patrick was SEC. 6. COMPLIANCE REVIEW OF POLICIES AND cally Black colleges and universities, Indian Chinese, and when learning that he tribes, and for sex-based bona fide occupa- REGULATIONS. was, would inform Ms. Loen that Pat- Not later than 1 year after the date of en- tional qualifications that are already exempt actment of this Act, the head of each depart- under Title VII of the Civil Rights Act of rick need not apply. The Chinese quota ment or agency of the Federal Government, 1964 or applied in the Armed Forces. was in effect full. Ladies and gentle- in consultation with the Attorney General, The Act requires the heads of each depart- men, that is not the promise of Amer- shall review all existing policies and regula- ment or agency to modify all existing poli- ica. tions that such department or agency head is cies and regulations to comply with the Act There should be no question that dis- charged with administering, modify such and report to the Senate and House Judici- crimination indeed continues to deny policies and regulations to conform to the ary Committees the results of the modifica- opportunities to too many Americans. requirements of this Act, and report to the tion. At the Judiciary Committee’s recent Committee on the Judiciary of the House of The Act is limited to Federal Government hearing we heard from black Ameri- Representatives and the Committee on the actions and would not affect voluntary pro- grams adopted by State and local govern- cans, white Americans, Asian-Ameri- Judiciary of the Senate the results of the re- cans, and even a victim of an out- view and any modifications to the policies ments, or private sector entities. and regulations. Mr. HATCH. Mr. President, last year, rageous hate crime. But the question that we all must answer is whether one SEC. 7. REMEDIES. I stated on the Senate floor that ‘‘our American’s racial suffering should be (a) IN GENERAL.—Any person aggrieved by country stands at a crossroads on the valued above another’s. It is a question a violation of section 3 may, in a civil ac- path it travels in relations among the tion, obtain appropriate relief (which may that will only become more com- different races and ethnic groups that include back pay). A prevailing plaintiff in a plicated and more urgent as our popu- make up the American people. Down civil action under this section shall be lation grows ever more diverse. awarded a reasonable attorney’s fee as part one path is the way of mutual under- As we in the Judiciary Committee of the costs. standing and goodwill; the way of equal now know, when we prefer individuals (b) CONSTRUCTION.—This section does not opportunity for individuals; the way of affect any remedy available under any other of one race, we must by definition dis- seriously and persistently addressing criminate against individuals of an- law. our various social problems as Amer- SEC. 8. EFFECT ON PENDING MATTERS. other. But America’s great social di- ica’s problems. * * * Down the other vide can never be crossed until we (a) PENDING CASES.—This Act does not af- path is the way of mutual suspicion, fect any case pending on the date of enact- begin the work of building a bridge of ment of this Act. fear, ill will, and indifference; the way racial reconciliation. By saying today, (b) PENDING CONTRACTS AND SUB- of group rights and group preferences.’’ with the introduction of this act, that CONTRACTS.—This Act does not affect any I am proud to stand today with my the Federal Government stands for the contract or subcontract in effect on the date colleagues in the House and the Sen- principle that racial discrimination in of enactment of this Act, including any op- ate, and others who have worked so all its forms is wrong, we hope to take tion exercised under such contract or sub- hard for the cause of equal oppor- a small step forward on the path to contract before or after such date of enact- tunity, to announce the introduction of ment. healing the Nation’s racial wounds by the Civil Rights Act of 1997. The act SEC. 9. DEFINITIONS. recognizing that every American is In this Act, the following definitions apply: represents our best efforts to recommit equal before the law. the Nation to the ideal of equal oppor- (1) FEDERAL GOVERNMENT.—The term ‘‘Fed- f eral Government’’ means executive and leg- tunity for every American—to empha- islative branches of the Government of the size that we must resist the temptation ADDITIONAL COSPONSORS United States. to define the Nation’s problems in nar- S. 278 (2) PREFERENCE.—The term ‘‘preference’’ row racial terms, and rather must roll At the request of Mr. GRAMM, the means an advantage of any kind, and in- up our sleeves and begin the hard work name of the Senator from South Caro- cludes a quota, set-aside, numerical goal, of dealing with our problems as Ameri- lina [Mr. HOLLINGS] was added as a co- timetable, or other numerical objective. cans, and as fellow human beings. sponsor of S. 278, a bill to guarantee (3) HISTORICALLY BLACK COLLEGE OR UNI- VERSITY.—The term ‘‘historically Black col- Of course, our critics will imply that the right of all active duty military lege or university’’ means a part B institu- those of us who today reject divisive personnel, merchant mariners, and tion, as defined in section 322(2) of the High- racial preferences and distinctions do their dependents to vote in Federal, er Education Act of 1965 (20 U.S.C. 1061(2)). so because we underestimate the so- State, and local elections. THE CIVIL RIGHTS ACT OF 1997—SUMMARY cial, economic, and discriminatory ob- S. 348 The Civil Rights Act of 1997 is designed to stacles some Americans face. President At the request of Mr. MCCONNELL, bring the Federal Government into compli- Clinton, for example, told his audience the name of the Senator from Ken- ance with the Equal Protection Clause of the in San Diego last week that ‘‘[t]he vast tucky [Mr. FORD] was added as a co- United States Constitution, and to ensure majority of [Californians who sup- sponsor of S. 348, a bill to amend title that the federal government treats all people ported that state’s Proposition 209] did I of the Omnibus Crime Control and equally, without regard to their race or sex. The bill contains two main operative pro- it with a conviction that discrimina- Safe Streets Act of 1968 to encourage visions: tion and isolation are no longer bar- States to enact a Law Enforcement Of- (1). Prohibits the Federal Government riers to achievement.’’ But that is just ficers’ Bill of Rights, to provide stand- from discriminating against, or granting plain wrong. ards and protection for the conduct of

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6100 CONGRESSIONAL RECORD — SENATE June 23, 1997 internal police investigations, and for make other improvements to that Mr. DEWINE submitted an amend- other purposes. chapter. ment intended to be proposed by him S. 350 S. 832 to the bill, S. 947, supra; as follows: At the request of Mr. THURMOND, the At the request of Mr. KOHL, the name At the appropriate place in chapter 3 of names of the Senator from Oklahoma of the Senator from Arkansas [Mr. subtitle F of division 1 of title V, insert the following: [Mr. INHOFE], and the Senator from BUMPERS] was added as a cosponsor of South Carolina [Mr. HOLLINGS] were S. 832, a bill to amend the Internal SEC. . MEDICARE SPECIAL REIMBURSEMENT RULE FOR PRIMARY CARE COM- added as cosponsors of S. 350, a bill to Revenue Code of 1986 to increase the BINED RESIDENCY PROGRAMS. authorize payment of special annuities deductibility of business meal expenses (A) IN GENERAL.—Section 1886(h)(5)(G) of to surviving spouses of deceased mem- for individuals who are subject to Fed- the Social Security Act (42 U.S.C. bers of the uniformed services who are eral limitations on hours of service. 1395ww(h)(5)(G)) is amended— (1) in clause (i), by striking ‘‘and (iii)’’ and ineligible for a survivor annuity under S. 876 transition laws relating to the estab- inserting ‘‘, (iii), and (iv)’’; and At the request of Mr. GREGG, the (2) by adding at the end the following: lishment of the Survivor Benefit Plan name of the Senator from Alaska [Mr. ‘‘(iv) SPECIAL RULE FOR PRIMARY CARE COM- under chapter 73 of title 10, United STEVENS] was added as a cosponsor of BINED RESIDENCY PROGRAMS.— States Code. S. 876, a bill to establish a nonpartisan (I) In the case of a resident enrolled in a S. 433 commission on Federal election cam- combined medical residency training pro- At the request of Mr. BROWNBACK, the paign practices and provide that the gram in which all of the individual programs name of the Senator from Oklahoma recommendations of the commission be (that are combined) are for training a pri- mary care resident (as defined in subpara- [Mr. INHOFE] was added as a cosponsor given expedited consideration by Con- graph (H)), the period of board eligibility of S. 433, a bill to require Congress and gress. shall be the minimum number of years of the President to fulfill their Constitu- S. 891 formal training required to satisfy the re- tional duty to take personal responsi- At the request of Mr. ABRAHAM, the quirement for initial board eligibility in the bility for Federal laws. name of the Senator from North Caro- longest of the individual programs plus one additional year. S. 496 lina [Mr. HELMS] was added as a co- ‘‘(II) A resident enrolled in a combined At the request of Mr. CHAFEE, the sponsor of S. 891, a bill to require Fed- medical residency training program that in- names of the Senator from Arkansas eral agencies to assess the impact of cludes an obstetrics and gyhecology and gyn- [Mr. HUTCHINSON], the Senator from Il- policies and regulations on families, ecology program qualifies for the period of linois [Ms. MOSELEY-BRAUN], and the and for other purposes. board eligibility under subclause (I) if the Senator from Louisiana [Ms. LAN- f other programs such resident combines with DRIEU] were added as cosponsors of S. such obstetrics and gynecology program are 496, a bill to amend the Internal Rev- AMENDMENTS SUBMITTED for training a primary care resident.’’. (b) EFFECTIVE DATE.—The amendments enue Code of 1986 to provide a credit made by subsection (a) apply to combined against income tax to individuals who THE BALANCED BUDGET ACT OF medical residency training programs in ef- rehabilitate historic homes or who are 1997 fect on or after July 1, 1996. the first purchasers of rehabilitated historic homes for use as a principal HARKIN AMENDMENT NO. 428 residence. DODD AMENDMENT NO. 425 Mr. HARKIN proposed an amendment S. 541 (Ordered to lie on the table.) to the bill, S. 947, supra; as follows: At the request of Mr. ALLARD, the Mr. DODD submitted an amendment At the end of the bill, add the following: name of the Senator from Colorado intended to be proposed by him to the SEC. . IMPROVING INFORMATION TO MEDICARE [Mr. CAMPBELL] was added as a cospon- bill, S. 947, to provide for reconciliation BENEFICIARIES. sor of S. 541, a bill to provide for an ex- pursuant to section 104(a) of the con- (a) CLARIFICATION OF REQUIREMENT TO PRO- change of lands with the city of Greely, current resolution on the budget for VIDE EXPLANATION OF MEDICARE BENEFITS.— Colorado, and The Water Supply and fiscal year 1998; as follows: Section 1804 of the Social Security Act (42 U.S.C. 1393b–2) is amended by adding at the Storage Company to eliminate private On page 874, between lines 7 and 8, insert inholdings in wilderness areas, and for end the following new subsection: the following: ‘‘(c)(1) The Secretary shall provide a state- other purposes. SEC. 5817A. CONTINUATION OF MEDICAID ELIGI- ment which explains the benefits provided S. 548 BILITY FOR DISABLED CHILDREN under this title with respect to each item or WHO LOSE SSI BENEFITS. At the request of Mr. ROBERTS, the service for which payment may be made name of the Senator from Wyoming (a) IN GENERAL.—Section 1902(a)(10(A)(i)(II) under this title which is furnished to an indi- (42 U.S.C. 1396a(a)(10(A)(i)(II)) is amended by vidual, without regard to whether or not a [Mr. ENZI] was added as a cosponsor of inserting ‘‘(or were being paid as of the date S. 548, a bill to expand the availability deductible or coinsurance may be imposed of enactment of section 211(a) of the Per- against the individual with respect to such and affordability of quality child care sonal Responsibility and Work Opportunity item or service. through the offering of incentives to Act of 1996 (Public Law 104–193; 110 Stat. 2188) ‘‘(2) Each explanation of benefits provided businesses to support child care activi- and would continue to be paid but for the en- under paragraph (1) shall include— ties. actment of that section)’’ after ‘’title XVI’’. ‘‘(A) a statement which indicates that be- (b) EFFECTIVE DATE.—The amendment S. 648 cause errors do occur and because medicare made by subsection (a) applies to medical as- fraud, waste and abuse is a significant prob- At the request of Mr. GORTON, the sistance furnished on or after July 1, 1997. lem, beneficiaries should carefully check the name of the Senator from Ohio [Mr. statement for accuracy and report any errors DEWINE] was added as a cosponsor of S. GREGG AMENDMENT NO. 426 or questionable charges by calling the toll- 648, a bill to establish legal standards free phone number described in (C) and procedures for product liability Mr. GREGG proposed an amendment (B) a statement of the beneficiary’s right litigation, and for other purposes. to the bill, S. 947, supra; as follows: to request an itemized bill (as provided in On page 213, strike all of (d) and insert the section 1128A(n)); and S. 755 following: ‘‘(C) a toll-free telephone number for re- AMPBELL At the request of Mr. C , the ‘‘(d) TERMS AND CONDITIONS OF IMPOSING porting errors, questionable charges or other names of the Senator from Kentucky PREMIUMS.—Each Medicare Choice organiza- acts that would constitute medicare fraud, [Mr. MCCONNELL], and the Senator tion shall permit the payment of net month- waste, or abuse, which may be the same from Missouri [Mr. ASHCROFT] were ly premiums on a monthly basis and may number as described in subsection (b).’’. added as cosponsors of S. 755, a bill to terminate election of individual for a Medi- (b) REQUEST FOR ITEMIZED BILL FOR MEDI- amend title 10, United States Code, to care Choice plan for failure to make pre- CARE ITEMS AND SERVICES.— restore the provisions of chapter 76 of mium payments only in accordance with sec- (1) IN GENERAL.—Section 1128A of the So- tion 1851(g)(3)(B)(i).’’ cial Security Act (42 U.S.C. 1320a–7a) is that title (relating to missing persons) amended by adding at the end the following as in effect before the amendments new subsection: DEWINE AMENDMENT NO. 427 made by the National Defense Author- ‘‘(m) WRITTEN REQUEST FOR ITEMIZED ization Act for Fiscal Year 1997 and to (Ordered to lie on the table.) BILL.—

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 23, 1997 CONGRESSIONAL RECORD — SENATE S6101 ‘‘(1) IN GENERAL.—A beneficiary may sub- U.S.C. 1395m(i)) is amended by adding at the classroom, however her interaction mit a written request for an itemized bill for end the following new paragraph: with her students did not end in the medical or other items or services provided ‘‘(3) GROSSLY EXCESSIVE PAYMENT classroom. Molly coached cheerleading, to such beneficiary by any person (including AMOUNTS.—Notwithstanding paragraph (1), and directed class plays as well. Her an organization, agency, or other entity) the Secretary may apply the provisions of that receives payment under title XVIII for section 1842(b)(8) to payments under this sub- commitment to excellence and dedica- providing such items or services to such ben- section.’’. tion to the students beyond normal eficiary. SEC. . ITEMIZATION OF SURGICAL DRESSING classroom hours is in the finest tradi- ‘‘(2) 30-DAY PERIOD TO RECEIVE BILL.— BILLS SUBMITTED BY HOME tion of Vermont’s educational system. ‘‘(A) IN GENERAL.—Not later than 30 days HEALTH AGENCIES. It was in recognition of her excel- after the date on which a request under para- Section 1834(i)(2) (42 U.S.C. 1395m(i)(2)) is lence that the Vermont teachers elect- graph (1) has been received, a person de- amended to read as follows: ed Molly president of the State chapter scribed in such paragraph shall furnish an ‘‘(2) EXCEPTION.—Paragraph (1) shall not of the National Education Association itemized bill describing each medical or apply to surgical dressings that are fur- other item or service provided to the bene- nished as an incident to a physician’s profes- in 1989. She moved to Montpelier where ficiary requesting the itemized bill. sional service.’’. she headed the largest teachers union ‘‘(B) PENALTY.—Whoever knowingly fails in Vermont because she believes that to furnish an itemized bill in accordance people should be treated fairly and with subparagraph (A) shall be subject to a KENNEDY (AND WELLSTONE) AMENDMENT NO. 429 equally and she made enormous efforts civil fine of not more than $100 for each such to improve the working conditions failure. Mr. KENNEDY (for himself and Mr. within all of Vermont’s schools. ‘‘(3) REVIEW OF ITEMIZED BILL.— WELLSTONE) proposed an amendment to Molly Burke embodies what all edu- ‘‘(A) IN GENERAL.—Not later than 90 days the bill, S. 947, supra; as follows: after the receipt of an itemized bill furnished cators should strive to achieve. Once under paragraph (1), a beneficiary may sub- Strike section 5362. again, I would like to extend my mit a written request for a review of the thanks for her service to Vermont and itemized bill to the appropriate fiscal inter- GRAMS AMENDMENT NO. 430 best wishes in her retirement. mediary or carrier with a contract under sec- (Ordered to lie on the table.) Mr. President, I ask that an article tion 1816 or 1842. from June 2, 1997, in the Rutland Daily ‘‘(B) SPECIFIC ALLEGATIONS.—A request for Mr. GRAMS submitted an amend- a review of the itemized bill shall identify— ment intended to be proposed by him Herald be printed in the RECORD. ‘‘(i) specific medical or other items or serv- to the bill, S. 947, supra; as follows: The article follows: ices that the beneficiary believes were not At the end of chapter 4 of subtitle F of di- [From the Rutland Daily Herald, June 2, provided as claimed, or vision 1 of title V, insert the following: 1997] ‘‘(ii) any other billing irregularity (includ- GOODBYE, MOLLY ing duplicate billing). SEC. . EXCLUDING GENERAL SERVICE WAGES AND HOURS ASSOCIATED WITH A (By Kevin O’Connor) ‘‘(4) FINDINGS OF FISCAL INTERMEDIARY OR SEPARATE SKILLED NURSING FACIL- Here in history class, Rutland High teach- CARRIER.—Each fiscal intermediary or car- ITY IN DETERMINING MEDICARE GE- rier with a contract under section 1816 or OGRAPHIC RECLASSIFICATION OF er Marlene Burke is relating the story of a 1842 shall, with respect to each written re- CERTAIN HOSPITALS. seemingly hapless rookie instructor of 40 quest submitted to the fiscal intermediary or In the case of a hospital that is owned by years ago. carrier under paragraph (3), determine a municipality and that has been reclassified Miss Reichelt, age 22, taught English, whether the itemized bill identifies specific as an urban hospital under section 1886(d)(10) math and social studies, coached medical or other items or services that were of the Social Security Act for fiscal year cheerleading, directed class plays, snuck not provided as claimed or any other billing 1996, in calculating the hospital’s average short afternoon naps and spent long nights irregularity (including duplicate billing) hourly wage for purposes of continued geo- marking papers and lesson plans, all for that has resulted in unnecessary payments graphic reclassification under such section $8,000 a year. under title XVIII. for subsequent fiscal years, the Secretary of Miss Reichelt, barely afloat by June, de- ‘‘(5) RECOVERY OF AMOUNTS.—The Secretary Health and Human Services shall exclude the cided to bail out. Escaping to Europe, she shall require fiscal intermediaries and car- general service wages and hours of personnel capped her summer with a startling revela- riers to take all appropriate measures to re- associated with a skilled nursing facility tion: cover amounts unnecessarily paid under title that is owned by the hospital or the same She was born to teach. XVIII with respect to a bill described in municipality and that is physically sepa- Burke laughs at the punch line. Before she paragraph (4).’’. rated from the hospital to the extent that married, she was Miss Reichelt. She gave the (c) EFFECTIVE DATE.—The amendments such wages and hours of such personnel are classroom another chance. It, in return, gave made by this section shall apply with respect not shared with the hospital and are sepa- her a career. to medical or other items or services pro- rately documented. A hospital that applied Burke has taught history for four decades, vided on or after January 1, 1998. for and was denied reclassification as an three of them at Rutland High. Colleagues SEC. . PROHIBITING UNNECESSARY AND WASTE- urban hospital for fiscal year 1998, but that elected her president of the state’s 7,000- FUL MEDICARE PAYMENTS FOR CER- would have received reclassification had the member teachers union three times from 1989 TAIN ITEMS. exclusion required by this section been ap- to 1995. She now heads the association’s 200- Notwithstanding any other provision of plied to it, shall be reclassified as an urban member local arm. law, including any regulation or payment hospital for fiscal year 1998. Call her The Unsinkable Molly Burke. But policy, the following categories of charges exactly 40 years after first leaving the class- shall not be reimbursable under title XVIII f room, the teacher has decided to do it again. of the Social Security Act: ADDITIONAL STATEMENTS She’s retiring. (1) Entertainment costs, including the ‘‘I love what I do,’’ she says, ‘‘but I think costs of tickets to sporting and other enter- it’s time.’’ Burke’s career was inspired by her father, tainment events. TRIBUTE TO MARLENE BURKE (2) Gifts or donations. a German immigrant who believed in the (3) Personal use of motor vehicles. ∑ Mr. JEFFORDS. Mr. President, I rise American dream. (4) Costs for fines and penalties resulting today to pay tribute to Marlene ‘‘He said with education you can do every- from violations of Federal, State, or local ‘‘Molly’’ Burke of Rutland, VT. After thing, without it you can do nothing,’’ she laws. 40 years of dedicated service to the recalls. (5) Tuition or other education fees for Burke entered public school after grad- spouses or dependents of providers of serv- teachers and students of Vermont, uating from the parochial St. Michael’s High ices, their employees, or contractors. Molly has decided to retire. School in Montpelier and Trinity College in SEC. . REDUCING EXCESSIVE BILLINGS AND Molly began her distinguished career, Burlington. She started teaching Sept. 4, UTILIZATION FOR CERTAIN ITEMS. inspired by her father, in 1956 at 1956 at Pittsford High, long since replaced by Section 1834(a)(15) of the Social Security Pittsford High School when she was 22 Otter Valley union High in neighboring Act (42 U.S.C. 1395m(a)(15)) is amended by years old. After a summer abroad, she Brandon. striking ‘‘Secretary may’’ both places it ap- taught at Essex Junction High School Students couldn’t pronounce ‘‘Miss pears and inserting ‘‘Secretary shall’’. for a short while, then moved to Proc- Reichelt,’’ so she wrote a few hints on the chalkboard: SEC. . IMPROVED CARRIER AUTHORITY TO RE- tor High in 1959. In 1964, she began DUCE EXCESSIVE MEDICARE PAY- Rye (like bread) MENTS. teaching at my alma matter, Rutland Kelt (like felt) PAYMENT FOR SURGICAL DRESSINGS.—Sec- High, where she remained for three They worked too well. tion 1834(i) of the Social Security Act (42 decades. Molly taught history in the ‘‘Some of them would spell it Ryekelt.’’

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6102 CONGRESSIONAL RECORD — SENATE June 23, 1997 Miss Reichelt returned from Europe to ‘‘I want to go to Europe,’’ she says, ‘‘and me in saluting the men and women of teach at Essex Junction High before out West, and ski in the middle of the week, the AHEPA and its auxiliaries for 75 marrying Robert Burke and moving to Proc- and not get up at 6 o’clock.’’ years of commitment and dedication.∑ tor High in 1959 and Rutland High in 1964. Once more she won’t be teaching history. Make that the ‘‘old’’ Rutland High. Burke ‘‘I’ll be living it.’’∑ f taught at the Library Avenue campus until f FLOODING BRINGS TRAGEDIES TO 1989, when Vermont teachers elected her IDAHO president of their chapter of the National THE 75TH ANNIVERSARY OF THE ∑ Mr. CRAIG. Mr. President, I rise to Education Association. Moving to Montpe- AHEPA lier, she headed the state’s largest teachers report a sad event in my State of Idaho union for six years. ∑ Mr. LEVIN. Mr. President, I rise that claimed the lives of two Guards- ‘‘Working conditions are big issues with today to pay tribute to the American men: Maj. Don Baxter of Boise, com- teachers,’’ she says. ‘‘I believe people need to Hellenic Educational Progressive Asso- mander of the 124th Communications be treated fairly and honestly.’’ ciation [AHEPA], which is celebrating Flight, 124th Wing of the Idaho Air Na- (U.S. Sen. James Jeffords, R-Vt., con- its 75th anniversary this year. The tional Guard, and 1st Lt. Will Neal of firmed the union’s influence in an im- AHEPA, whose mission is in part, ‘‘To promptu comment last week: ‘‘Teachers can Picabo, platoon leader with A Com- really move things if they get together— promote good fellowship, and endow its pany, 1st-183 Aviation Battalion Army Molly Burke can tell you that.’’) members with a spirit of altruism, National Guard in Boise. When Burke returned to Rutland High in common understanding, mutual benev- They were flying reconnaissance over 1995, her colleagues had moved to an $8.7 mil- olence, and helpfulness to their fellow the floods in southwest Idaho where lion facility on Stratton Road. man,’’ is an important organization their helicopter crashed. As the nat- Times had changed from her days at with a strong chapter, district 10, lo- ural disaster rages through Idaho, as Pittsford High, where her old classroom fea- cated in my home State of Michigan. the communities band together, as we tured a bulletin board. ‘‘I used to try to change it at least twice a In 1922, the AHEPA was formed in re- strive to save lives and property, we year.’’ sponse to antiimmigrant sentiments now must struggle with the reality Burke’s new classroom has a bulletin directed toward United States immi- that these men lost their lives, and board—and a computer with e-mail, a tele- grants of Greek descent. The AHEPA’s CWO Shellby Wurthrich, with A Com- phone with answering machine, a television primary goal was to help newly arrived pany, 1st-183 Aviation Battalion Army with video-cassette recorder. Greeks become United States citizens National Guard of Boise, is still fight- ‘‘The good old days.’’ she concludes, ‘‘were and to share in the civic life of our ing for his life. terrible.’’ country. To do so, the AHEPA formed These distinguished men had served Burke may teach the past, but she touts their State and communities before. progress. She likes today’s longer class peri- schools which taught English and the ods. Today’s collaborative contract negotia- principles of American government to Major Baxter, a full time Guardsman, tions. And, an occasional nose ring or tongue new immigrants. In the process, the received many decorations, including stud aside, today’s students. AHEPA also hoped to educate all the State of Idaho Emergency Ribbon ‘‘They say kinds have changed—they really Americans about the significant herit- in support of the Fire Suppression in haven’t. Kids are kids. There were kids who age and contributions immigrants of 1994. Lieutenant Neal, a cattleman, re- misbehaved then, there are kids who mis- Greek descent add to the American ceived amongst his numerous decora- behave now. Most of them are good.’’ community. tions, the Army Commendation Medal, Burke teaches a 130-year period of Amer- Army’s Achievement Medal, National ican history from the end of the Civil War to Today, the AHEPA is an inter- the end of the Cold War. For her, the last national organization with chapters in Defense Service Medal, and twice Army half isn’t a lecture, it’s her life. Australia, the Bahamas, Canada, and Reserve Component Medal. He was also ‘‘I remember exactly where I was when Greece, as well as the United States. airborne qualified. Kennedy was assassinated, when the space There are more than 1,000 chapters in A neighbor who saw the crash, with- shuttle Challenger blew up . . . I try to give North America alone, comprised of out fear for her life, Ms. Sherry Lang, the kids the facts, and then bring in the risked her own life to rescue Chief War- more than 60,000 members. The AHEPA emotions because I lived through it. I think rant Officer Wurthrich before the heli- promotes goodwill and positive rela- it brings it alive.’’ copter exploded into flames. The her- tions between these countries by pro- And sparks questions. Take a recent lesson oism she displayed exemplifies the on the Vietnam War. viding significant financial resources ‘‘One of my 16-year-olds said, You were spirit of a community pulling together. to a number of civic-improvement pro- Chief Warrant Officer Wurthrich, re- alive then? You were teaching school?’ I grams. These include charities, schol- could have been talking about the cipient of the Army Commendation arships and other educational pro- Medal, Army’s Achievement Medal, Peloponnesian War.’’ grams, cultural activities, athletic pro- That happens right up to Reagan’s election National Defense Service Medal, twice, in 1980—the year most of her juniors were grams, local Greek communities and Army Reserve Component Medal, and born. the church, and patriotic activities. many other decorations, is today being ‘‘I always say, ‘You remember when . . .’ Membership is not limited to people of transferred to a burn treatment center Of course, they don’t.’’ Greek descent, although most members in Utah. We pray for his strength dur- That’s why students must study. do share that ancestry. ‘‘If you don’t learn from history, you’re ing his recovery and ask everyone to The AHEPA has counted many nota- remember him in the weeks and condemned to repeat it.’’ she says, para- ble political leaders as members, in- phrasing the famous quote. months to come. Several of Burke’s past students are par- cluding former Presidents Franklin As we mourn for the deceased, we ents of her present students. Alumni also Roosevelt and Harry Truman and mourn our loss and we sympathize with sign her paycheck. Michael Dick, class of former Vice Presidents Hubert Hum- the sorrow of the bereaved. We search 1966, is president of the School Board. David phrey and Spiro Agnew. Several Mem- for the good things to remember as sol- Wolk, class of 1971, is school superintendent. bers of this body are or were members ace. Most of the richness of the human Although graduates always recognize her, of AHEPA, including my good friend experience is in what is handed down she doesn’t always recognize them. from Maryland, PAUL SARBANES, and a from one to another—not things of ‘‘You had one history teacher for a year,’’ man we all deeply miss, the late Paul she replies. ‘‘You forget I had 120 students a wood and stone, but memories of what day.’’ Tsongas from Massachusetts. they did or said or felt. They also forget she has a life outside the Mr. President, the American Hellenic We must remember and emulate classroom. Burke recalls shopping with her Educational Progressive Association is these individuals for the best of their son and daughter when a student ap- truly a remarkable organization. Born lives. As National Guardsmen, they proached. out of the need to help new Greek im- sought out opportunities to safeguard ‘‘She said, ‘Whose are these?’ She never migrants assimilate into American cul- and help the people of Idaho, in times thought of me as anything but a woman in a ture, today the AHEPA encourages all of disasters and distress. With every room teaching history.’’ (Let alone a grandmother to a 2-year-old of us to aspire to great things, to help mission, they risked of danger and in- boy.) those in need and to strengthen chan- jury. Ultimately, they gave their lives Retirement will bring the former Miss nels of communication between cul- in helping their neighbors and their Reichelt full circle. tures. I know my colleagues will join community.

VerDate Mar 15 2010 22:21 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23JN7.REC S23JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 23, 1997 CONGRESSIONAL RECORD — SENATE S6103 This is why Idaho mourns their nues, and industrial and military accidents The PRESIDING OFFICER. Without deaths and grieves with their families has been estimated at $230,000,000,000; objection, it is so ordered. and understand their loss, for it is our Whereas the competitiveness of the United Mr. ROTH. Mr. President, I further loss, too. We will remember them and States is eroded by the presence in the work- ask unanimous consent that there be 15 place of millions of Americans who are func- their heroic efforts. Life ends, but tionally or technologically illiterate; minutes equally divided prior to a vote memories live on.∑ Whereas there is a direct correlation be- in relation to Gregg amendment No. f tween the number of illiterate adults who 426. are unable to perform at the standard nec- The PRESIDING OFFICER. Without MEASURE READ FOR THE FIRST essary for available employment and the objection, it is so ordered. TIME—S. 950 money allocated to child welfare and unem- Mr. ROTH. I further ask unanimous Mr. ROTH. Mr. President, I under- ployment compensation; consent that immediately following Whereas the percentage of illiterate per- stand that S. 950, introduced today by the 9:45 a.m. vote, Senator ROTH be rec- sons in proportion to population percentage Senator MCCONNELL, is at the desk. I is higher for African Americans and His- ognized to offer an amendment. ask for its first reading. panics, resulting in increased economic and The PRESIDING OFFICER. Without The PRESIDING OFFICER. The social discrimination against these minori- objection, it is so ordered. clerk will read the bill for the first ties; f time. Whereas the prison population represents The assistant legislative clerk read the highest concentration of adult illiteracy; PROGRAM as follows: Whereas 1,000,000 children in the United States between the ages of 12 and 17 years Mr. ROTH. Mr. President, for the in- A bill (S. 950) to provide for equal protec- old cannot read above a third grade level, 13 formation of all Senators, tomorrow tion of the law and to prohibit discrimina- percent of all 17-year-olds are functionally morning the Senate will resume con- tion and preferential treatment on the basis illiterate, and 15 percent of graduates of sideration of the reconciliation bill, of race, color, national origin, or sex in Fed- urban high schools read at less than a sixth eral actions, and for other purposes. and at 9:45 a.m., the Senate will pro- grade level; ceed to a rollcall vote on, or in relation Mr. ROTH. I now ask for its second Whereas 85 percent of the juveniles who ap- to, Senator GREGG’s amendment No. reading, and I object to my own re- pear in criminal court are functionally illit- 426. There are several other amend- quest on behalf of Senators on the erate; ments that need to be disposed of; Democratic side of the aisle. Whereas the 47 percent illiteracy rate therefore, votes will occur throughout The PRESIDING OFFICER. The bill among African American youths is expected to increase; Tuesday’s session of the Senate. will be read for a second time on the Whereas 1⁄2 of all heads of households can- next legislative day. not read above an eighth grade level and 1⁄3 f f of all mothers on welfare are functionally il- literate; ADJOURNMENT UNTIL 9:30 A.M. NATIONAL LITERACY DAY Whereas the cycle of illiteracy continues TOMORROW Mr. ROTH. Mr. President, I ask unan- because the children of illiterate parents are Mr. ROTH. Mr. President, if there is imous consent that the Senate proceed often illiterate themselves due to the lack of no further business to come before the to the immediate consideration of Cal- support the children receive from their home Senate, I now ask unanimous consent environment; endar No. 81, Senate Resolution 92. Whereas Federal, State, municipal, and that the Senate stand in adjournment The PRESIDING OFFICER. The private literacy programs have been able to under the previous order. clerk will report the resolution. reach only 5 percent of the total illiterate There being no objection, the Senate, The assistant legislative clerk read population; at 7:45 p.m., adjourned until Tuesday, as follows: Whereas it is vital to call attention to the June 24, 1997, at 9:30 a.m. problem of illiteracy, to understand the se- A resolution (S. Res. 92) designating July 2, f 1997, and July 2, 1998, as ‘‘National Literacy verity of the illiteracy problem and the det- Day.’’ rimental effects of illiteracy on our society, NOMINATIONS and to reach those who are illiterate and un- The Senate proceeded to consider the aware of the free services and help available Executive nominations received by resolution. to them; and; the Senate June 23, 1997: Whereas it is necessary to recognize and Mr. ROTH. Mr. President, I ask unan- DEPARTMENT OF STATE imous consent that the resolution be thank the thousands of volunteers who are working to promote literacy and provide MARTIN S. INDYK, OF THE DISTRICT OF COLUMBIA, TO agreed to, the preamble be agreed to, BE AN ASSISTANT SECRETARY OF STATE, VICE ROBERT the motion to reconsider be laid upon support to the millions of illiterate persons H. PELLETREAU, JR., RESIGNED. in need of assistance: Now, therefore, be it; the table, and that any statements re- IN THE ARMY Resolved, That the Senate— lating to the resolution appear at the (1) designates July 2, 1997, and July 2, 1998, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT appropriate place in the RECORD. TO THE GRADE INDICATED IN THE UNITED STATES ARMY as ‘‘National Literacy Day’’; and AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN The PRESIDING OFFICER. Without (2) requests that the President issue a ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS 624, 628, objection, it is so ordered. proclamation calling on the people of the AND 531: The resolution (S. Res. 92) was agreed United States to observe ‘‘National Literacy TO BE MAJOR to. Day’’ with appropriate ceremonies and ac- CORNELIUS S. MCCARTHY, 0000 The preamble was agreed to. tivities. *TODD A. MERCER, 0000 The resolution, with its preamble, is f IN THE MARINE CORPS as follows: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ORDERS FOR TUESDAY, JUNE 24, TO THE GRADE INDICATED IN THE UNITED STATES MA- S. RES. 92 1997 RINE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND 628: Whereas 44,000,000 United States citizens Mr. ROTH. Mr. President, I ask unan- today read at a level that is less than the To be colonel imous consent that when the Senate level necessary for full survival needs; THOMAS W. SPENCER, 0000 completes its business today, it stand Whereas there are 40,000,000 adults in the THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT United States who cannot read, whose re- in adjournment until the hour of 9:30 TO THE GRADE INDICATED IN THE UNITED STATES MA- sources are left untapped, and who are un- a.m. on Tuesday, June 24. I further ask RINE CORPS UNDER TITLE 10, UNITED STATES CODE, able to make a full contribution to society; unanimous consent that on Tuesday, SECTIONS 624 AND 628: Whereas illiteracy is growing rapidly, as immediately following the prayer, the To be lieutenant colonel 2,500,000 persons, including as many as routine requests through the morning DENNIS M. ARINELLO, 0000 1,300,000 immigrants, 1,500,000 high school hour be granted and the Senate then THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT dropouts, and 100,000 refugees, are added to TO THE GRADE INDICATED IN THE U.S. MARINE CORPS the pool of illiterate persons annually; resume consideration of the budget rec- UNDER TITLE 10, UNITED STATES CODE, SECTIONS 624 Whereas the annual cost of illiteracy to onciliation bill, with 10 hours of debate AND 628: the United States in terms of welfare ex- equally divided remaining under the To be major penditures, crime, prison expenses, lost reve- statutory time limitation. CARLO A. MONTEMAYOR, 0000

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TRIBUTE TO MR. JAMES E. WHITE to 1979 where he worked with the County's more than 99 percent of all missing child health department to fight the scourge of cases were resolved successfully. We can HON. THOMAS W. EWING drugs. thank people like Sheriff Kendall for his inspir- OF ILLINOIS In 1979, he was appointed director of public ing statistic, because they refused to give up safety and police chief for the city of South and provided support for the families who had IN THE HOUSE OF REPRESENTATIVES Lyon. When the Public Safety Department was to struggle through such terrible crises. It is an Monday, June 23, 1997 dissolved in 1985, he continued to serve the honor to represent Rieck Kendall in the U.S. Mr. EWING. Mr. Speaker, I rise today in community as chief. Congress. honor of Mr. James E. White, rural housing Gerald Smith has dedicated more than 37 f specialist of the USDA, rural development. Mr. years of his life to protecting others. His lead- PAYING TRIBUTE TO MR. MARVIN White retired on May 31, 1997 after a distin- ership, courage and bold vision have been an HARPER AND AMERICAN LEGION guished 26-year career. inspiration not only to those who worked for POST NO. 102 OF BARNARD, MO He began his Federal career with Farmers him, but to the community he served. Home Administration in 1971 as an assistant The dedication of Gerald Smith exemplifies county supervisor in Lincoln, II. He was pro- his committee to making South Lyon a safer HON. PAT DANNER moted to county supervisor in Golconda/Me- place for our families. He is a loyal public OF MISSOURI tropolis in 1975. His final career move was to servant who deserves the recognition, honors IN THE HOUSE OF REPRESENTATIVES rural housing specialist in the Illinois State of- and accolades he receives. Monday, June 23, 1997 fice in 1976. Mr. White remained in that posi- f Ms. DANNER. Mr. Speaker, for the benefit tion until his retirement. TO A DEDICATED HERO SHERIFF of my colleagues, I would like to have printed Mr. Speaker, today I would like to bring the RIECK KENDALL in the RECORD the following article from the achievements of James White to the attention Nodaway News Leader paying tribute to Mr. of my colleagues in the House, and ask that Marvin Harper and American Legion Post No. they join me in expressing our appreciation HON. GLENN POSHARD 102 at Barnard, MO, for their efforts in provid- and congratulations to Mr. White for his tre- OF ILLINOIS ing Nodaway R±IV students an unique public mendous service to the people of Illinois. IN THE HOUSE OF REPRESENTATIVES speaking program. f Monday, June 23, 1997 [From the Nodaway News Leader, Mar. 8, PERSONAL EXPLANATION Mr. POSHARD. Mr. Speaker, I rise today to 1997] honor a true hero, Sheriff Rieck Kendall of SOUTH NODAWAY FIRST GRADE STUDENTS HON. ESTEBAN EDWARD TORRES Moultrie County, IL. He is responsible for sav- LEARN PUBLIC SPEAKING EARLY You’re never too young to learn, especially OF CALIFORNIA ing two young children, Timothy and Cheryl Poplett, after they were abducted by their fa- when it comes to communication. The Amer- IN THE HOUSE OF REPRESENTATIVES ther from their custodial mother in July 1994. ica Legion is helping South Nodaway R–IV Monday, June 23, 1997 In 1996, Sheriff Kendall discovered money students get a head start on developing their speaking skills. Mr. TORRES. Mr. Speaker, I was unavoid- that was intended for the abductor which was Marvin Harper, who serves on the Depart- ably detained on official business on Thursday regularly funneled to an address in the Hon- ment of Missouri Oratorical Commission for afternoon, June 19, and Friday, June 20, and duras. He contacted Honduran authorities and the American Legion, has created a unique had to miss rollcall votes on the floor of the persuaded them to assist in the investigation. program that provides young students an op- House. International cooperation, involving Interpol portunity to speak in public. Had I been present on June 19, I would and fostered by Sheriff Kendall, led the au- ‘‘The point of this is to develop skills to thorities to discover that the children were liv- learn how to talk in front of people,’’ Harper have voted as follows: ``Aye'' on rollcall votes told South Nodaway’s first grade students. 214, 215, 216, and 217. ing on a small island off the coast of Honduras Harper visited the class last week and dis- Had I been present on June 20, I would with no electricity, running water, routine medi- cussed the American Legion and the impor- have voted as follows: ``Nay'' on rollcall vote cal attention, or schooling. When word got to tance of being an effective communicator in 219, ``no'' on rollcall vote 220, ``Aye'' on rollcall the children's father that the authorities were everyday conversations. Each child was then vote 221, and ``no'' on rollcall votes 222, 223, on to him, he piled them and their few belong- given a chance to stand up in front of the and 224. ings into a boat and headed for another hide- class and speak for about 30 seconds. Many of them talked about the U.S. flag, Abraham f away. During the escape, the boat capsized. Local fishermen found the children and their Lincoln and President Clinton. First grade teacher Bonny Acklin believes CHIEF SMITH: LOYAL SERVICE TO father floating in the water and clinging to a SOUTH LYON the program is very beneficial. gas can. Police rescued the children and ar- ‘‘It’s a good experience for them,’’ she said. rested their kidnapper. ‘‘It is different for the students to talk in HON. JOE KNOLLENBERG Truly, finding Tim and Cheryl was no easy front of someone else they don’t know.’’ OF MICHIGAN task. Sheriff Kendall's devotion to recovering This is the third year Harper has con- ducted the program. During the first year, he IN THE HOUSE OF REPRESENTATIVES the Poplett children involved more than follow- ing leads, but taking the time to make daily worked with a few students in a pilot pro- Monday, June 23, 1997 phone calls and reassuring the Poplett family gram. Last year, the kindergarten all had a chance to give a short speech. This year, Mr. KNOLLENBERG. Mr. Speaker, I rise that he was pursuing their children's case. It Harper has visited both the kindergarten and today to honor a loyal and dedicated officer to takes a brave and dedicated man to not give first grade class. the community of South Lyon in Oakland up and simply go home after his other work is ‘‘Hopefully we’ll work right on up to the County, MI. Chief of Police Gerald L. Smith, in done. He persevered and put the Poplett chil- sixth grade,’’ he said. Harper said he was not his 19th year of service as chief, will retire on dren and their family first. Mr. Speaker, be- aware of any other program of this type in August 26th. cause of Sheriff Kendall the Poplett children the United States. Later this year he will After serving in the U.S. Navy from 1960 to were recovered and are home with their family submit a report to the state oratorical com- 1963, Smith began his career in law enforce- Mr. Speaker, I want to honor Sheriff Kendall mission about the effectiveness of the project. ment for Waterford Township in 1964 and for all his valiant efforts and persistence. Ac- The American Legion sponsors a national served until 1971. cording to the National Crime Information Cen- oratorical contest for high school students. Smith was Oakland County's senior sub- ter [NCIC] there were a total of 955,252 miss- Participants in that contest speak about the stance abuse program coordinator from 1971 ing persons in 1996 alone. In that same year U.S. Constitution and can earn scholarship

∑ 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 20-MAY-97 08:20 Jun 24, 1997 Jkt 039061 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\CRI\E23JN7.REC e23jn1 E1292 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 1997 money. Harper stressed that the project for iff Scoralick has held every office within this cent), and other economic problems, Fancher elementary students was not a contest. organization, including president. In 1987, he Creek Elementary has maintained tough ‘‘We want to develop students so they can was elected to the NSA's Board of Directors. standards, as measured by the Clovis Unified have effective communication skills in what- ever they want to do,’’ he explained. Currently, Sheriff Scoralick serves as the School District accountability model, which is Kindergarten teacher Barb Sherry said she chairman of the NSA Insurance Committee, the Clovis assessment system for sustained has seen growth in the student’s public cochairs the NSA Board and the Educational improvement [CLASSI]. speaking skills. Both she and Acklin believe Foundation Committee, and is active on the Fancher Creek Elementary received the the program also provides an opportunity to Budget, Traffic Safety and Management Sub- Clovis Unified School District Exemplary highlight the importance of patriotism. committees. School Award, the district's highest honor. ‘‘We try to teach a sense of community and Mr. Speaker, Sheriff Scoralick has made in- This award is given for overall excellence in respect for our country,’’ Acklin said. valuable contributions to our community. He student achievement, school management, ‘‘Every morning we say the Pledge of Alle- giance and talk about how lucky we are to has succeeded in bringing new services to community involvement, and cocurricular prior- live in a free country.’’ Dutchess County, including DARE, Youth Sup- ities. Harper told the first grade students he was port, Crash Management, Arson investigation, Mr. Speaker, it is with great honor that I pay so impressed with their accomplishment of County Wide Drug Task Force, and the Senior tribute to Clovis Unified School District's speaking in front of a group that they would Citizen ``Are You OK?'' Service. Besides Fancher Creek Elementary. The students and have a party and talk about how to take care spearheading these programs, Sheriff faculty of this school share both a care for the of the flag. Scoralick also oversaw the construction of a community and a dedication to hard work. I f new jail. ask my colleagues to join me in wishing He has repeatedly demonstrated his ability Fancher Creek Elementary many more years PERSONAL EXPLANATION as a leader and public guardian. In 1970, he of successful teaching. won the American Legion Heroism Medal. In f HON. CASS BALLENGER addition, Sheriff Scoralick is also a past recipi- IN HONOR OF THE 40TH ANNIVER- OF NORTH CAROLINA ent of the Police Benevolent Association SARY OF THE CITY OF INDUS- IN THE HOUSE OF REPRESENTATIVES President's Award. In 1985, his able leader- TRY Monday, June 23, 1997 ship was recognized by President Ronald Reagan. Sheriff Scoralick was the 1996 recipi- Mr. BALLENGER. Mr. Speaker, on Friday, ent of the Multi-County Community Develop- HON. ESTEBAN EDWARD TORRES June 20, I missed rollcall votes 221, 222, 223, ment Corporation Award. OF CALIFORNIA and 224. Had I been present I would have Mr. Speaker, I ask you and all Members to IN THE HOUSE OF REPRESENTATIVES voted ``no'' on rollcall vote 221; ``aye'' on roll- join me in paying tribute to Sheriff Fred Monday, June 23, 1997 call vote No. 222; ``aye'' on rollcall vote No. Scoralick. He is an exemplary public servant 223; and ``aye'' on rollcall vote No. 224. who has devoted his life to making his com- Mr. TORRES. Mr. Speaker, I rise today to f munity a better place. I applaud Sheriff recognize the city of Industry on its 40th anni- Scoralick's dedication and wish him continued versary. On Saturday, June 21, 1997, the resi- RECOGNITION OF SHERIFF FRED success in his endeavors. dents and businesses of the city of Industry SCORALICK, INCOMING PRESI- f will join to celebrate this momentous occasion. DENT OF THE NATIONAL SHER- The city of Industry was incorporated June IFF’S ASSOCIATION TRIBUTE TO FANCHER CREEK 18, 1957. A city devoted to the business com- ELEMENTARY SCHOOL munity, its basic purpose is to provide a well HON. SUE W. KELLY organized center for industry and commerce of OF NEW YORK HON. GEORGE P. RADANOVICH all types. During the last decade, the city of In- IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA dustry has emerged as one of the leading in- dustrial centers of the ``Pacific Empire Indus- Monday, June 23, 1997 IN THE HOUSE OF REPRESENTATIVES trial Corridor.'' Mrs. KELLY. Mr. Speaker, on June 25, Monday, June 23, 1997 In 1990, the residential population of the city 1997, the National Sheriff's Association will in- Mr. RADANOVICH. Mr. Speaker, I rise of Industry was 631. This small residential augurate Sheriff Fred W. Scoralick of today to pay tribute to Clovis Unified School community is represented by five city council Dutchess County, NY, as its new president. It District's Fancher Creek Elementary for being members: Mayor Tom J. Durant, Mayor Pro is a distinct pleasure for me to join the resi- named a 1997 California Distinguished Tem John P. Ferrero, Councilman Lawrence dents of Dutchess County in recognizing my School. The faculty and students of Fancher Mayo, Councilman Manuel Garcia, and Coun- constituent Sheriff Scoralick, who has devoted Creek Elementary exemplify excellence with cilman Dean M. Winn. his life to law enforcement. exceptional student achievement and staff de- The community will pause its celebration, on Sheriff Scoralick first entered the law en- velopment. Saturday, in remembrance of a dear friend forcement community in 1961, as a part-time The mission of Fancher Creek Elementary and outstanding civic leader of the city of In- deputy sheriff. Through diligence and ability, School is to educate all students in a challeng- dustry. Mayor John Ferrero, 1912±96, served Fred Scoralick achieved the rank of under- ing, disciplined, and supportive environment, as mayor of the city of Industry for 39 years. sheriff in April 1976, and, in November 1978, enabling them to reach their potential of be- His distinguished service on the city council is he was elected sheriff of Dutchess County, coming productive citizens who will make posi- marked with dedication and commitment to the NY. tive life-long contributions to society. city of Industry. Sheriff Scoralick has an impressive back- A positive school climate is the essential Among Mayor Ferrero's many accomplish- ground in law enforcement. He is a graduate factor of Fancher Creek's environment. The ments during his tenure was the official public of the National Sheriff's Institute. In addition, school's motto, Falcons Have Pride, sets such opening of the Workman House Homestead. he has completed specialized training at Iona a tone for the students. Monthly award pro- The homestead is a testimonial to the rich his- College in New Rochelle, NY, and John Jay grams recognize students who achieve goals tory of the region. Through interpretative pro- College of Criminal Justice. Throughout his in academics, athletics, and cocurricular activi- grams, history comes alive as visitors explore law enforcement career, he has also studied ties. Expectations are clear and consistent, the social and cultural life of three decades, safety, management, and corrections under and the standards for student achievement significant to the site and the Nation: the the auspices of the Municipal Training Council, and conduct are high. 1840's, 1870's, and 1920's. the New York State Commission of Correc- Fancher Creek has over 900 students of The business community of the city of In- tions, the New York City Police Department, which 61 percent receive free or reduced dustry is served by the Industry Manufactures and the FBI Academy. lunch and 33 percent are English Language Council [IMC], originally formed as the Indus- Mr. Speaker, Sheriff Scoralick has brought learners. The student body is composed of try chamber of commerce in 1962. In 1970, the same dedication to the wider law enforce- 23.8 percent Asian (Hmong), 32 percent His- the chamber expanded to include the IMC and ment community that he brings to his duties in panic, 34.9 percent white, 8.2 percent African- retained its name. The IMC is composed of in- Dutchess County. He has served as the chair- American, and 0.7 percent American Indian. dividual firms located in the city and governed man of the executive committee of the New Despite facing cultural diversity, language dif- by the board of directors: President William York State Sheriff's Association. Indeed, Sher- ferences, a high transiency rate (46.4 per- White, Vice President Boyd Clarke, Secretary

VerDate 20-MAY-97 08:20 Jun 24, 1997 Jkt 039061 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\CRI\E23JN7.REC e23jn1 June 23, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1293 Treasurer David Perez, Director Carl Bennitt, keep the strong choral tradition going here most highly recommended choral clinicians Director John Byers, Director Carl Erb, Direc- at Ole Miss.’’ in the United States in a national survey tor Tom Hoffman, and Director Howard Welch. The Varna win qualifies Concert Singers to conducted by the American Choral Directors compete in the European Grand Prize in Association. He has directed the choir for Mr. Speaker, it is with pride that I ask my Gorizia, Italy, in July 1998. The Grand Prize, the past 17 years and made his New York colleagues to join me in congratulating the city the world’s most prestigious choral competi- City debut in Lincoln Center with the Amer- of Industry on the 40th anniversary of its incor- tion for nonprofessionals, is widely recog- ican Symphony Orchestra in 1988. Jordan is poration and sending our best wishes to the nized as the litmus test for the best singers regularly featured as a guest conductor at residents and businesses of the city of Indus- in the world. Carnegie Hall. try for many more years of continued growth Concert Singers competed for the Grand and prosperity. Prize in 1995 as one of the winners of the six f top international competitions and tied for f top honors with the Japanese choir. The TRIBUTE TO HON. ROBERT C. competition was held in Arezzo, Italy. McEWEN, M.C. UNIVERSITY OF MISSISSIPPI CON- Concert Singer Delilah Martineau of Lou- CERT SINGERS WIN GRAND isville said the competition in Varna was a PRIZE IN INTERNATIONAL COM- test of the group’s talents, skills and stam- HON. JOHN M. McHUGH PETITION ina. OF NEW YORK ‘‘I came to win and no less,’’ she said. IN THE HOUSE OF REPRESENTATIVES ‘‘However, to win we had to reach down deep- Monday, June 23, 1997 HON. ROGER F. WICKER er inside than we ever had and experience OF MISSISSIPPI the music. ‘‘We had to live through each Mr. MCHUGH. Mr. Speaker, it is with a IN THE HOUSE OF REPRESENTATIVES note. It was one of the most awesome musi- heavy heart that I inform you and our col- cal experiences I have ever had.’’ Monday, June 23, 1997 leagues of the passing of my good friend, Martineau’s feelings were shared by a num- Robert C. McEwen of Ogdensburg, NY, on Mr. WICKER. Mr. Speaker, I rise to pay trib- ber of the singers. Chalis Pomeroy of Dickin- Sunday, June 15. Bob McEwen served as a ute to the University of Mississippi Concert son, ND, said singing on an international Member of the House of Representatives from level was a rewarding experience. Singers who won their fourth international cho- ‘‘Being able to perform music at a quality northern New York from 1965 until 1980. Prior ral title in May in competition in Varna, Bul- level fit for the international stage is a fan- to that, he served as a member of the New garia. The Ole Miss Concert Singers were the tastic feeling. Winning with that music is York State senate for 11 years. Elected to the only group representing the United States in even better,’’ she said. 89th Congress, Bob McEwen first served on the competition, which included 21 choirs from But the trip was not just about winning, the Committee on Public Works and the Com- 11 countries. said singer Shannon Quon of Moorhead. mittee on House Administration. As he gained In addition to winning the grand prize, a He said the best part about the competi- tion and the trip in general was ‘‘seeing that seniority, he served with distinction as a mem- panel of international judges also gave the no matter what nationality we are, what lan- ber of the Committee on Appropriations. At the group a first place prize in the chamber choir guage we speak or how wealthy or poor we time of his retirement, he served as the rank- category, first place in the mixed choir cat- are we can all come together and enjoy good ing minority member of its Subcommittee on egory, and a special award for the most inno- music. It is amazing to see how we can touch Military Construction. vative music interpretations. so many people through our music.’’ Bob McEwen was not the kind of man who Taking the top award in this event also The trip had a particular sentimental at- could easily retire from public service, how- qualified the group to participate in the Euro- tachment for Jordan, who met Istvan ever. President Ronald Reagan called him Parkai, a specialist in Hungarian music back into public service in 1981, appointing pean Grand Prize competition to be held in whose choral direction Jordan has admired Italy in July 1998. for 25 years. him to serve as the U.S. chairman of the Inter- Mr. Speaker, the young men and women in ‘‘Twenty five years ago I bought some re- national Joint Commission, an assignment he this extraordinary group an their director, Dr. cordings of Hungarian choirs and they have undertook with enthusiasm. Jerry Jordan, deserve high praise for their ac- been my favorites,’’ Jordan said. ‘‘He was the I feel privileged to have occupied his seat in complishments. I am placing in the RECORD a person I was most honored to meet on this the New York State senate and am honored to press release from the University of Mis- trip because I found that he was the director represent today the district which he served for some of those recordings I had admired with such distinction for so many years. Bob sissippi which details the recent success this for so long.’’ group has had in international competition. Parkai was one of the judges at the com- McEwen served in elected office for three quarters of his adult life and never lost an OLE MISS CONCERT SINGERS WOW JUDGES, petition and cried during the Concert Sing- CAPTURE INTERNATIONAL COMPETITION ers’ rendition of a Hungarian piece. Follow- election. In making his retirement announce- ing the performance Parkai said he was ment in 1980, Bob McEwen said, ``Serving in UNIVERSITY MS.—The University of Mis- touched by the choir’s expression during the sissippi Concert Singers have done it again. an elected office is more than a way of mak- The choir won its fourth international cho- song. ing a living, it is a way of life.'' He dedicated ‘‘It was as if they were understanding not ral title, this time in Varna, Bulgaria, at the his life to public service and exemplified the just each phrase, but every word. I have rare- International May Choir Competition. ly heard it sung with such expression and de- very best traditions of this institution. He is The Ole Miss choir, the only group rep- tail from even a Hungarian choir,’’ he said. survived by his wife, Peg, and two daughters, resenting the United States, wowed judges as The cultural experiences during the 14-day Mrs. Nancy McEwen Wax of Easton, CT, and they sang music in seven languages from a trip brought to life many of the differences Mrs. Mary McEwen Fitzpatrick of number of musical periods and competed between European and North American life. Lawrenceville, NJ. against 21 choirs from 11 countries, including Brian Wells of Vicksburg said, ‘‘The Euro- Mr. Speaker, I am proud to say that three Italy, Portugal, Russia and the Ukraine. The peans’ love for music is one of a kind. competition was the conclusion to the 48- members of Bob McEwen's original staff are ‘‘We did not have to wait for the competi- still serving his North Country Congressional member choir’s two-week, five-country tour. tion to be around people who appreciated A panel of international judges awarded music,’’ he said. ‘‘The Europeans loved and District as members of my staff, Cary R. Brick, the singers three awards in addition to the respected us on the streets, in the airports, my chief of staff; Miss Donna M. Bell, my ad- Grand Prize. The choir placed first in the in the hotels, churches and anywhere we ministrative secretary, and Mrs. Joann Ellis chamber choir category, first in the mixed sang.’’ Humphries, my caseworker and office man- choir category (men and women) and was The choir is no stranger to success. In 1994, ager, all served Bob McEwen with distinction awarded a special prize given by the judges the Ole Miss Concert Singers captured the and join me in expressing our most sincere for the first time for the most innovative top five awards in Tours, France, where they musical interpretations. sympathies to the McEwen family. competed against 30 choirs from 17 countries Mr. Brick delivered a eulogy for Bob ‘‘I am measurably proud of our students to win the judge’s choice for best overall and for the University that we won one of choir and the audience’s top choice, among McEwen at the interment service which was the top six choral competitions in the other awards. held on Friday in Ogdensburg. It spoke elo- world,’’ said Dr. Jerry Jordan, director of the Choir members also garnered the audi- quently of the high regard in which he was Concert Singers and director of Choral Pro- ence’s award at the same competition in held by all of those who were privileged to grams at Ole Miss. ‘‘We may come from the 1989, and they won the Chester Music Fes- know him. Mr. Brick's remarks follow: poorest state in the Union, but it is tremen- tival in Chester, England, in 1984. Other per- dously gratifying to have the world’s top au- formances have included those at the Vati- TRIBUTE TO ROBERT C. MCEWEN thorities in choral music judge our Southern can, Lincoln Center and Carnegie Hall. (By Cary R. Brick) guys and gals as the best choral singers in Jordan has played a significant role in the Thirty-seven days ago, many of us gath- world competition. We hope to continue to choir’s success and was named one of the 10 ered at the Robert C. McEwen Customs

VerDate 20-MAY-97 08:20 Jun 24, 1997 Jkt 039061 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\CRI\E23JN7.REC e23jn1 E1294 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 1997 House, the oldest building in America occu- Country—the men and women who, he liked ration and learned many lessons. Your father pied by agencies of the Federal government, to joke, had the opportunity to renew his was a student of his family’s heritage. I re- to commemorate National Historic Preserva- employment contract every two years. call walking through the McEwen cemetery tion Week. Bob McEwen reflected the best of our pub- in the Town of Lawrence with him one sum- I was honored to have been asked to par- lic servants. mer evening and listening to him describe ticipate in that ceremony. I took the oppor- His honesty, his personal integrity and the life and times of each of your ancestors tunity to speak about the man whose name high morals and love for his family, com- buried there. (To really know Bob McEwen, graces the historic structure, our friend, Bob bined with his respect for others—even those you had to know how to listen!) McEwen. Characteristic of Bob, he called who may not have shared his beliefs or char- Your father understood that the McEwen both my wife and my mother the next day to acter—reflect what our Founding Fathers family tree has very deep roots, its branches tell him how pleased he was with the event, had in mind when they created the experi- are ever expanding, its leaves sometimes and being the consummate gentleman that ment which we call the American democ- colorful, as was he, and takes its strength he was, added some gracious comments that racy. from the rich earth beneath it. any wife or mother would want to hear about I ask you to join me in thinking of the As you mourn the loss of your father, you her husband or son. Customs House on the shore of Bob’s beloved will draw upon the strength of that heritage He called me, as well, to thank me. I re- St. Lawrence as a monument to his count- and you will find peace. You are, after all, member his words: ‘‘Mr. Brick,’’ he said, ‘‘it less contributions to the North Country. Bob McEwen’s daughters. I can think of no is not every man who gets to hear his own There is not a community or institution in greater tribute to both of you. eulogy, thank you for letting me hear mine. the vast landscape between Lake Ontario To all the McEwen grandchildren, I say I hope I won’t give you reason to change and Lake Champlain which has not felt the you are blessed. I hope in the years to come, your opinion of me when the time comes.’’ influence of Bob McEwen. as you become young adults and mothers and I responded by telling him he couldn’t It was Bob McEwen who singlehandedly fathers, you will study your grandfather’s change anyone’s feelings for him! laid the groundwork for the creation of the career, learn from it, and if you are so in- I didn’t consciously prepare those remarks new Fort Drum which occurred after he re- clined, emulate it in any way you can while of 37 days ago as a eulogy. I prepared them tired from Congress. He built the foundation maintaining your individuality. Whatever because I wanted Bob McEwen to hear what upon which Dave Martin and the Army cre- you do will make him proud. I, and all of his friends, thought of him. But, ated the only military installation in the Lastly, to my mentor and our friend Bob: I guess Bob knew I would repeat some of United States built from scratch since World Speaking for all of those who were privi- those thoughts when the time came. War II. leged to work for and with you in Albany and One of the displays in the Customs House In an April, 1985, letter to his successor he Washington, I thank you for allowing us the notes ‘‘historic buildings serve as symbols of called the new Fort Drum ‘‘the project that privilege of being a part of your team. We the patriotism and pride Americans feel for had been my greatest hope for our North are better people for having had that honor. their country.’’ Country.’’ At this very hour, as we pay trib- We’re not here to say goodbye, as solemn as I asked then and I ask again today that we ute to Bob, John McHugh and his colleagues this moment is for all of us. We are here to acknowledge that historic building as a per- in Congress are continuing that effort by de- remember you, to celebrate your life and to manent monument to one of Ogdensburg’s bating the 1998 defense bill which contains find joy in having walked the road of life most prominent native sons, a gentleman nearly $25 million for additional Fort Drum with you. Our memories of you shall live for- who spent more than a quarter of a century development. ever. serving in legislative bodies—11 years in the Bob McEwen served in the Congress during We will pay tribute to you by cherishing State Senate and 16 in the United States a remarkable and exciting time in American your ideals and your principles. Congress. history. He went to Congress in 1965 when May God grant that your memory ever in- May that building which Congress deter- Lyndon Johnson was transforming John spire us. mined in 1980 should bear his name always Kennedy’s New Frontier into his own Great And may peace and bliss be granted to you serve as a memorial to his public service. Society, creating hundreds of new social pro- until we meet again. May it stand strong and with dignity and grams and expanding the role of the federal f class as he did for so many years. government to address every social ill. Like He served more than three-fourths of his his neighbors back home, he supported some A RESOLUTION IN HONOR OF THE adult life in the service of New York and the and opposed others. He feared that some of ORDER OF THE PATRONS OF nation. Bob was an American patriot and a them could contribute to uncontrollable North Country treasure whose senior states- deficits for future generations. Time has HUSBANDRY man status was deserved because it was proven him to be a man of foresight. earned through 16 successive victories in spe- He witnessed the expansion of our involve- HON. LINDA SMITH ment in Vietnam and stood behind our serv- cial, primary and general elections. There OF WASHINGTON might have been 17 or 18 or more, but Bob icemen even when the tide was turning McEwen knew when it was time to come against their involvement in an endless war IN THE HOUSE OF REPRESENTATIVES home to stay. Today, as Bob has made his on the other side of the globe. Monday, June 23, 1997 final journey, we join together to celebrate He grieved when his President lost the his life, his contributions and his lessons. faith of the American people. He thought Mrs. SMITH of Washington. Mr. Speaker, Bob McEwen stood as a symbol of what there was no greater offense than abusing under the leave to extend my remarks in the makes our democracy survive. He was se- the trust of the people. RECORD, I include the following: Bob McEwen never served in the majority lected by his neighbors to be their voice in A RESOLUTION IN HONOR OF THE ORDER OF THE party in the Congress, but there was never government, and he met their mandate with PATRONS OF HUSBANDRY distinction. Success came easily to him be- any doubt that he served the interests of the (By the Honorable Linda A. Smith) cause, as several newspapers have reported majority of his constituency—which he saw in the past few days, he never forgot where as his extended family. Whereas membership in the Grange is syn- he came from and who he represented. He To his immediate family, I say we all share onymous with good citizenship and fraternal knew his district, whether it was one county in your loss. You have lost a husband, father respect for others. or ten. His elections took him to Albany and and grandfather. We have lost a friend. Whereas for almost 130 years the Grange Washington, but he never forgot his roots. To Peg, we are grateful that you came into has remained one of the best examples of a Bob knew that when the time came for him Bob’s life when you did and for being a de- grass-roots, bottom-up organization, whose to answer his final roll call, as a veteran and voted wife and partner. Illness presented strength lies in the more than 3,000 local former Member of the House of Representa- many challenges to Bob in recent years— Granges in over 30 states which offer a wide tives, he could be interred beside some of our challenges which would have devastated a range of community-oriented programs and nation’s greatest national heroes, statesmen, weaker man. Peg, you were there to provide activities for children, youth and adults, and Supreme Court Justices and other veterans the emotional support which allowed Bob to hold regular meetings where local and na- from every American war in Arlington Na- fight his illnesses with the same vigor that tional issues are often discussed. For over a tional Cemetery. He knew that he was enti- he demonstrated in every campaign. You century Grange halls have been community tled to an interment with pomp and cir- were challenged, as well, by illness and dem- centers where residents gather for edu- cumstance. onstrated that there was always reason to cational events, dances, potlucks, town But Bob was a man of our North Country. hope for better days. meetings, political rallies and other meet- He wanted it simple. He wanted it here. To Nancy and Mary: Bob so enjoyed your ings and have allowed Junior Grange, 4–H, And we honor his wishes today. success as career women and the successes of FFA, scouting and Camp Fire groups to Had he let us, we could have filled your husbands. Having lost your wonderful thrive; and each year tens of thousands of Ogdensburg’s largest house of worship to the mother, a warm and grand lady, you already Grange members participate in numerous rafters, and then some. know that the loss of a parent creates a void community service projects. He wanted it private and brief. which can only be filled by memories. Whereas the Grange is one of the first And we respect his wishes today. We do so Your father frequently talked about his fa- major national organizations which allowed just as Bob respected the people of the North ther, a man from whom he drew great inspi- women to vote and sought the membership

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and involvement of everyone in the family, A RESPONSE TO THE ‘‘OPEN LETTER’’ BY G. of Chinese Christians and make them look and Grange members have an equal voice and BAUER AND OTHERS like the archenemy of the Beijing govern- an equal vote at meetings regardless of their (By Daniel B. Su) ment. What’s at stake here is the cause of age, sex or position within the organization. Christ and I. AN OVERALL RESPONSE: [p. 1, par.5]: A serious warning should be Whereas the Grange’s activities with re- This Open Letter as well as other anti- given to those who try to exploit the plight gard to legislative action sets it apart from MFN efforts are valuable in that they re- of Chinese Christians and make them look all other fraternities, service and family or- mind us of the important principles such as like the archenemy of the Beijing govern- ganizations, and since its earliest years, the freedom and human dignity. They enhance ment. What’s at stake here is the cause of Grange has included legislative involve- the public awareness of China’s human Christ and the lives of many Chinese Chris- ment—from a strictly non-partisan posi- rights situation thus creating more pressure tians! China’s Christians are simple religious tion—as one of its distinctive characteristics on Beijing and making the message of the people who do not have a political agenda, such that all policies which the Grange MFN debate even stronger. It also gives the and they despise those who try to put a po- fights for on the local, state and national US government greater bargaining power litical label on them. There is indeed a seri- levels are decided upon by the grass-roots with Beijing. NGOs should continue to speak ous danger that the arguments made by the membership. out; the louder, the better. Letter may be sized upon by those China Whereas the Order of the Patrons of Hus- However the Letter miscalculates the over- bashers and new hawks whose only interest bandry, the National Grange, was founded in all impact if the MFN should be revoked. is to make an enemy out of China—now that 1867, through the vision of Oliver Hudson Revocation would create more problems than the Soviet enemy is no more—and to demand Kelley, who recognized that farmers, because what it may solve. It defies all logics that sacrifices from American people. of their independent and scattered nature, Beijing government would turn around and [p.2, par.1] With the fall of communism, it needed representation and a voice at all lev- improve its human rights situation if it were may well be the panic reaction of some elite els of government as well as a means of co- humiliated with its loss of MFN. intellectuals to suggest ‘‘strangling the baby ordinating social interaction, which is espe- The Letter scores high in preaching moral [the church] while it is still in the manger,’’ principals, but we need to make one impor- cially important to rural residents. yet we still need to be truthful enough to ac- tant distinction: To sacrifice ourselves for knowledge that the current Beijing govern- Whereas the Grange has been responsible the sake of principles is heroic, but to sac- for promoting cooperatives which had the ment policy is only to control and contain rifice other people for our principles is insen- the growing church, thus allowing for some potential of helping farmers economically; sitive—to say the least. limited freedom. undertaken efforts to ensure that the voice We all deplore the gross human rights vio- [p.2, par.2] NGOs should be commended for of the farming community is heard by law- lation in China. But the Letter does not speaking up for the Chinese persecuted. makers at the local, state and national level want to address the most important question [p.2, par.3] Of course, things can be much which led to the Extension Service, Rural in this serious debate: Will revoking China’s worse in China—anyone who understands Free Delivery, and the Farm Credit System, MFN improve or worsen its human rights China knows that. Christian gatherings of among other nationally significant benefits; situation and religious freedom? By avoiding worship could have been forced to close to- and has served rural America in many other this serious question and relying more on tally; those political dissidents in jail today ways such as championing the education of emotional appeal, the Letter becomes less could have been executed; dissidents could rural residents, which led to dramatic im- serious and relevant. have been sentenced to 15 years instead of 5; provements in rural schools. While the views of those who signed the families of the prisoners could have faced Be it therefore resolved the Grange should Letter should be respected, we also notice much more harassment and discrimination. receive special recognition and thanks for its that many other well respected Christian [p.2, par.4] While we protest against the in- many activities, programs and functions leaders’ names are not on it. And that in it- humane treatment of Pastor Wong, we can benefitting its members, rural America and self is a reflection of the healthy diversity agree that this is an exceptional case rather the nation as a whole; among Christian leaders’ opinions over the than the rule. We all know that technology MFN issue. Be it further resolved that on this day, cuts both ways. While the Chinese police be- II. SPECIFIC RESPONSES TO THE LETTERS’ ARGU- June 23, 1997, this resolution will be printed come better equipped, Chinese Christians MENTS (PAGE AND PARAGRAPH NUMBERS IN and political dissidents also benefit from in the CONGRESSIONAL RECORD as part of the BRACKETS): having access to computers, copying and fax public record recognizing the civic achieve- machines, Internet, and so on, making it dif- ments of the Grange and its membership and [p. 1, par.2]: We may agree that many ficult for police to control people. extending the gratitude and thanks of the Christian leaders may not think it appro- [p.2, par.5] It sent a wrong message to nation. priate to voice their pro-MFN views in pub- lic, but let’s not underestimate the integrity Beijing and Chinese people when President of those who do speak our. Missions leaders Clinton declared to delink human rights con- f understand China better; that is why they cerns from the MFN. However, revoking Chi- tend to favor renewing China’s MFN. na’s MFN can only backfire. VALUABLE INSIGHT ON THE MFN [p. 1, par.3]: We agree that the US should [p.3, par.1] Let’s quit making the US the ISSUE and could have engaged China in a more ef- model to all nations and instead take an fective way to improve its human rights; re- honest look at reality. The US is part of the lying on trade and other current policies is fallen world where we see rampant abortions, HON. JOSEPH R. PITTS not enough. On the other hand, our ideals racial tension and violent crimes, partisan need to be tempered with a sense of realism. spirit and demogarchy in politics, divisions OF PENNSYLVANIA The US leverage is limited; contrary to our and scandals within the church, consumer- wishes, the US government is not able to ism and hedonism in society, and alarming IN THE HOUSE OF REPRESENTATIVES solve all the problems of the world. After all, moral decay in culture. Christian leaders should know better than to display the US as Monday, June 23, 1997 we live in a fallen world where all countries have fallen short of the higher standards. a model. Let’s make a distinction between Mr. PITTS. Mr. Speaker, I rise today to sub- [p. 1, par.4]: We should continue to be the the United States and Christian faith. The early America did share biblical aspirations mit the following into the CONGRESSIONAL voice for the voiceless in China despite Beijing’s threats, for the persecuted find for justice, equality, and human dignity, but RECORD. The first is an excellent response strength and consolation in knowing that we such aspirations are Christian, not Amer- from the Reverend Daniel Su on extending care and are speaking up for them. However, ican. Though America’s sins, past and most-favored-nation trade status to China. on the abortion issue, unless the US govern- present, in no way justify Beijing’s abuse of Rev. Daniel Su, a Chinese Christian, has lived ment first outlaws abortion on its own land, power, they do help keep us humble, don’t in China and has valuable insight on the MFN it has no moral authority to teach other na- they? issue. As Reverend Su states in his letter, ``To tions how to do abortion. (The NGOs are bet- III. CONCLUSION sacrifice ourselves for the sake of principles is ter qualified to do the job.) The US and China today is in a critical stage. It can ei- heroic, but to sacrifice other people for our China differ only in how abortion is ther evolve into a more open and democratic principles is insensitive.'' With this letter, Rev- achieved, but in both cases does it not end up nation or an enemy to the US. If the Soviet depriving the baby’s inalienable rights of Union could evolve into a democracy, why erend Su is responding to an open letter on life, liberty and the pursuit of happiness? can’t China? Let’s not be like the pessimists China's persecution of Christians written by Let’s pray for the day when the US regains who say things won’t change; instead, let’s Gary Bauer, president of Family Research its moral ground to address such issues. work to turn possibilities into realities. Council. I am submitting a letter from Mr. [p. 1, par.5]: A serious warning should be What’s crucially needed today is for Amer- Bauer also. Thank you, Mr. Speaker. given to those who try to exploit the plight ican leaders to unite in formulating a con-

VerDate 20-MAY-97 08:20 Jun 24, 1997 Jkt 039061 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\CRI\E23JN7.REC e23jn1 E1296 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 1997 sistent, comprehensive China policy that must strangle the baby while it is still in the American Family; Steve Suits, South helps China get on the right track without manger.’’ Carolina Family Policy Council; Wil- turning it into an enemy. That is a moral ob- We are proud to note the consistent and liam Donohue, President, Catholic ligation the leaders owe to America and principled stance of the U.S. Catholic Con- League for Civil and Religious Rights. America’s children. ference in opposing MFN for China. Catho- Richard D. Land, President, Christian [Rev. Daniel B. Su is from China and now lics are brutally repressed in China, as are Life Commission; Steven W. Mosher, works in the US as the assistant to the presi- Evangelicals, Muslims and Buddhists. But President, Population Research Insti- dent, China Outreach Ministries, Inc., Fair- the USCC has never allowed Beijing’s threats tute; Gerard Bradley, Professor, Notre fax, Virginia] to deter it from its duty to speak up for the Dame Law School; John DiIulio, Pro- oppressed. Nor should we. fessor, Princeton University; Robert P. We know that we are not on ‘‘the front George, Professor, Princeton Univer- OPEN LETTER ON CHINA’S PERSECUTION OF line’’ in confronting Chinese repression. Be- CHRISTIANS sity; John Davies, President, Free the cause we have a freedom to speak out that is Fathers; Kent Ostrander, Director, The DEAR MEMBERS OF CONGRESS: Recently, not granted to those on the Mainland, we Family Foundation (KY); Matt Dan- letters have circulated on Capitol Hill from must use our God-given freedom to speak out iels, Executive Director, Massachusetts some groups and leaders involved in missions for those who cannot speak for themselves. Family Institute. in China. These letters urge Members not to When it is argued that the situation will be Rev. Donald E. Wildmon, President, vote to revoke China’s Most-Favored Nation worsened if America takes action, we must American Family Association; Deal W. (MFN) trade status. They cite potential dan- ask candidly, how can it be worse for the Hudson, Publisher & Editor, Crisis gers to the missions if the U.S. responds to Chinese dissidents? Our own State Depart- Magazine; Bernard Dobranski, Dean, Bejing’s terrible record on human rights, na- ment reports that all dissidents have been ei- Columbus Law School; Rev. Steven tional security and workers’ rights. ther expelled, jailed of killed. Snyder, President, International Chris- There are points of agreement between us We rejoice in the fact that American mis- tian Concern; Ann Buwalda, Director, and those missions organizations. We can sionaries hold U.S. passports. We pray that a Jubilee Campaign; P. George Tryfiates, agree, for example, to put no individual at strong United States will help to safeguard Executive Director, The Family Foun- risk of retaliation. We should take great care our fellow Americans’ lives while they do the dation (VA); Randy Hicks, Executive in dealing with a regime that has dem- Lord’s work in China. But Chinese Christians Director, Georgia Family Council; onstrated its willingness to settle disagree- are not so protected. For Pastor Wong, lead- Marvin L. Munyon, President, Family ments with tanks and with bullets in the er of 40 Evangelical churches, MFN has Research Institute (WI). back of the head. We can also agree that brought no benefits. He has been arrested William T. Devlin, Executive Director, those Christians directly involved in work in four times for spreading the Gospel. The last Philadelphia Family Policy Council; China are not necessarily the ones to lead time he was jailed, his fingers were broken William Held, Executive Director, the fight against MFN. They may be too with pliers. While Vice President Gore was Oklahoma Family Council; William A. close to the situation for prudence or safety preparing to visit Beijing in March, Chinese Smith, President, Indiana Family In- to permit open opposition to the regime. secret police invaded the apartment of stitute; Thomas McMillen, Executive But the letters make other arguments. Roman Catholic Bishop Fan Zhongliang in Director, Rocky Mountain Family They suggest that a forceful response by the Shanghi, seizing Bibles and other religious Council; Michael Heath, Executive Di- United States government to what everyone articles. The move against the nation’s high- rector, Christian Civic League of acknowledges is an appalling Chinese gov- est Catholic prelate was clearly intended to Maine; David M. Payne, Executive Di- ernment record would be counter-productive. intimidate millions of faithful Chinese rector, Kansas Family Research Insti- We cannot accept those arguments. As deep- Catholics. MFN has only made the Chinese tute; Gary Palmer, President, Alabama ly as we respect Christian missionaries in police more efficient in denying basic human Family Alliance. China and throughout the world, we must rights to Bishop Fan and his flock. Jerry Cox, President, Arkansas Family disagree with a policy which allows China’s President Clinton’s 1994 ‘‘delinking’’ of Council; Dennis Mansfield, Executive rulers to manipulate the United States of trade and human rights concerns has actu- Director, Idaho Family Forum; Mi- America simply by threatening reprisals ally increased repression in China. Now, even chael Howden, Executive Director, Or- against these innocent, godly people. It is a if missionaries plant churches, the Chinese egon Center for Family Policy; William form of hostage-taking. secret police can disrupt them. This view is Horn, President, Iowa Family Policy For the U.S. to surrender to such threats affirmed by New York editor A.M. Rosen- Center; Joseph E. Clark, Executive Di- would be to assure that Bejing will use thal. He has written: rector, Illinois Family Institute; John threats whenever Americans cry out against Knowing Washington would not endanger H. Paulton, Executive Director, South the cruelty and injustice of the communist trade with China, even though it is Dakota Family Policy Council; Mike Chinese regime. Should we all keep silent mountainously in China’s favor, Beijing in- Harris, President, Michigan Family about China’s massive campaign of forced creased political oppression in China and Forum. abortions and compulsory sterilizations? Tibet—and its sales of missiles, nuclear ma- Should we avoid criticizing China’s use of terial and chemical weaponry. slave labor in the Laogai? Should we turn Rosenthal refers to the president as f aside from China’s latest violations of chem- Beijing’s ‘‘prisoner.’’ Let us assure, by our ical weapons agreements, including ship- steadfastness, that the rest of us do not wear CENSUS SHOULD BE CONDUCTED ments to Iran of poison gas? Is the United such claims. IN PROPER PERSPECTIVE States truly the leader of the Free World? Or From the beginning of this debate, we have are we merely the ‘‘moneybag democracy’’ recognized that the argument over MFN is HON. NEWT GINGRICH the Chinese rulers contemptuously call us? not just about what kind of country China is, There is a real danger that the arguments it is also a dispute about what kind of coun- OF GEORGIA made by some U.S.-based missions may be try America is. We believe Americans have a IN THE HOUSE OF REPRESENTATIVES seized upon by those whose only interest in moral obligation to stand up for human Monday, June 23, 1997 China is profits. Some multi-national cor- rights, for the rule of law and for the rights porations have allowed the brutal Chinese of workers. We know, from long and tragic Mr. GINGRICH. Mr. Speaker, the attached birth control policies to be run in their fac- experience in this blood-stained century, editorial from the Washington Times puts the tories. Some have also accommodated Chi- that a regime which brutalizes its own peo- issue of how the 2000 census should be con- nese repression by banning religion in the ple is virtually certain to threaten its neigh- ducted in proper perspective. Considering how bors. workplace. And some have exploited prison many administration departments have been laborers. Sincerely yours, We wholeheartedly support missions Gary L. Bauer, President, Family Re- politicized, we cannot risk having possibly mil- throughout the world, and especially in search Council; Ralph E. Reed, Execu- lions of Americans disenfranchised because of China. We think it’s necessary, however, to tive Director, Christian Coalition; Rev. census sampling. I submit the editorial into the take a clear-eyed view of the conduct of the Richard John Neuhaus, President, In- CONGRESSIONAL RECORD. Chinese government. While missionaries stitute for Religious and Public Life; [From the Washington Times, June 12, 1997] seek no conflict with the government, the re- Keith A. Fournier, Esq., President, ality is that China’s rulers do not view Catholic Alliance; D. James Kennedy, POLITICS AND CENSUS NUMBERS Christians so benignly. President, Coral Ridge Ministries; Jo- After the fiasco involving the Clinton ad- Paul Marshall, in his well-received book seph M.C. Kung, President, Cardinal ministration’s utter politicization of the Im- ‘‘There Blood Cries Out,’’ describes the atti- Kung Foundation; James C. Dobson, migration and Naturalization Service’s last- tude of China’s elites. ‘‘In 1992, the Chinese Ph.D., President, Focus on the Family; minute, pre-election blitz last year to en- state-run press noted that ‘the church played Phyllis Schlafly, President, Eagle franchise felons and other likely Demo- an important role in the change‘ in Eastern Forum; Chuck Colson, President, Pris- cratic-voting immigrants, is there really any Europe and warned, ‘if China does not want on Fellowship Ministries; Gov. Robert wonder why Republicans fear approving this such a scene to be repeated in its land, it P. Casey, Chairman, Campaign for the crowd’s use of sampling for the 2000 census?

VerDate 20-MAY-97 08:20 Jun 24, 1997 Jkt 039061 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\CRI\E23JN7.REC e23jn1 June 23, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1297 Sadly, New Hampshire Republican Sen. Judd of New York et al.) confirmed that the Con- found effect a recent event had on me. As a Gregg was not stretching it a bit when he stitution confers wide authority and discre- Roman Catholic serving in the U.S. House of questioned whether Dick Morris would have tion upon Congress in conducting the census. Representatives, my heart swelled with pride a role in any population sampling conducted The Court unanimously ruled that former when Congress awarded Mother Teresa the by this administration. Commerce Secretary Robert Mosbacher, by Having politicized everything in sight, virtue of authority delegated to him by Con- Congressional Gold Medal. from the White House Travel Office to inter- gress, properly refused to adjust the 1990 cen- The rare ceremony took place in the ro- national trade missions at the Commerce De- sus to correct its undercount. Interestingly, tunda of the U.S. Capitol on June 5. Without partment (which, by the way, also oversees the Clinton administration argued on behalf question, it was one of the most powerful the Census Bureau), President Clinton now of Mr. Mosbacher’s use of the authority Con- events I have ever witnessed. criticizes the Republican Congress for gress had delegated to him. Now, Congress Of course, one did not have to be Christian ‘‘weighing [the disaster-relief bill] down with merely seeks to exercise its authority. More- to take inspiration of the moment. Believers of a political wish list.’’ One provision that up- over, it is by no means certain that the Su- sets Mr. Clinton would prohibit the Census many faiths crowded the space to see Mother preme Court would permit a census to be ad- Teresa, and to be moved by her prayer for the Bureau from employing statistical sampling justed by sampling. The Constitution man- techniques to adjust the 2000 census, which, ``poorest of the poor.'' dates an ‘‘actual Enumeration,’’ and last among other things, would be used to deter- The Gold Medal is no ordinary recognition. year’s Supreme Court decision did not ad- mine the population of states for the purpose dress this issue. As a practical matter, any It is the highest honor bestowed by Congress, of apportioning congressional seats and dis- cost savings from sampling would be over- approved by bill on behalf of the people of the tributing federal dollars. For the first time whelmed by a Supreme Court decision reject- United States. ever, the Clinton administration wants to Leaders of both chambers and parties were use sampling to adjust the ‘‘actual enumera- ing the practice. tion’’ that the Census Bureau obtains in 2000 If the Clinton administration has dem- on hand as Representative HENRY HYDE de- from mail-in forms and subsequent door-to- onstrated it cannot be trusted to process scribed the one he called a living saint. ``You door data collections, proposing only to citizenship applications of immigrants prop- believe that every human being, no matter count 90 percent of the population and apply erly—heretofore a very nonpolitical under- how abandoned, no matter how poor, no mat- statistical projection to the remaining 10 taking—how can it be remotely trusted not ter how `useless' or `inconvenient,' * * * is an percent. to politicize ‘‘a potent and disturbing new political weapon’’? image of the invisible God, is invested with an Everybody agrees that the census is not innate and inalienable dignity and value, and accurate. Supplemental research after the f 1990 census revealed that about four million thus commands our attention, our respect, and people, 1.6 percent of the U.S. population, HONORING GREEK-AMERICANS our care, and you have poured out your life in were not counted. According to that sample, the service to that belief.'' 2.3 percent of Asian-Americans (173,000), 4.4 Indeed, she has. The ministry she founded, percent of blacks (1.40 million), 4.5 percent of HON. RON KLINK the Missionaries of Charity, extends to 120 Native Americans (96,000), 5 percent of His- OF PENNSYLVANIA countries with 568 houses dedicated to the panics (1.16 million) and 0.7 percent of non- IN THE HOUSE OF REPRESENTATIVES unwanted, the unclothed, and the unfed. In Hispanic whites (1.33 million) were not counted in 1990. Contrary to popular belief, Monday, June 23, 1997 Calcutta alone she and her sisters have pro- however, undercounting is as prevalent in vided for the successful adoption of 8,000 chil- Mr. KLINK. Mr. Speaker, I rise today to dren. Of the hundreds of Congressmen and rural areas as it is in urban areas. The Clin- honor a vital, but far too frequently ton administration, backed by the American Senators assembled before her, she asked Statistical Association, the Association of unacknowledged, segment of the American only our prayers for her and her ministry. American Geographers and the National mosaic: Greek-Americans. ``The more we help the poor, the more we Academy of Sciences, argues that the use of In their short existence in this Nation as an honor God,'' she told us. She thanked Amer- sampling would produce the most accurate, ethnic group, they have excelled in every field ica for the parents who have given the ``gift of cost-efficient census. Even the Census Bu- that they have applied themselves. From busi- daughters and sons to do the work of mission- reau admits, however, that introducing sam- ness to the arts; from athletics to the media; aries, to serve the poor, to serve Jesus.'' pling may simply substitute one type of from public service to education; Greek-Ameri- error for another. Instantly, my mind took me back to Feb- Moreover, even if sampling is more accu- cans have made vital and lasting contributions ruary 4, 1994. Mother Teresa was the keynote rate, it addresses neither the political ques- to America's rich civic life. speaker at the annual National Prayer Break- tion nor the constitutional question. Politi- The Pancretan Association of America rep- fast. At my table were legislators from five cally, potentially two dozen House seats lie resents a portion of the Greek-American com- other States and ambassadors from four for- in the balance—meaning, for all practical munity whose ancestry comes from a historic eign countries. Flanked by President Clinton purposes, majority control of the House, its island of Crete. Throughout history, the people and Vice President GORE, she delivered a agenda and all the committee and sub- of Crete have valiently fought to defend their committee chairmanships. Why should a Re- speech that rocked Washington. publican Congress commit political suicide soil, their heritage, religion, and democratic Amid her discussion of charity and the by relinquishing its authority over the cen- ideals against tyrannical invaders and occupi- church's special preference for the poor, she sus to a hyper-politicized administration ers. quickly turned the topic, ``But, I feel that the that has treated the Census Bureau’s parent, True to these ideals, Cretan-Americans greatest destroyer of peace today is abortion, the Commerce Department, as the Demo- have proudly served in the Armed Forces of because it is a war against the child.'' A gre- cratic National Committee’s (DNC) soft- the United States of America, defending the nade of truth tossed into a room full of politi- money subsidiary? The fact is that the Sec- very same principles that have guided their cians, her remarks caused 3,000 of us to retary of Commerce office has been occupied ancestors throughout history. squirm in unison. I remember it as yesterday. for five years by a who’s who of Democratic Mr. Speaker, I encourage my colleagues to Then, she returned us to ease with the sim- fund-raisers: former DNC Chairman Ron Brown, California money maven Mickey join me in honoring these historic Cretan- plicity of her response. ``Each child is created Kantor and Chicago rainmaker William American veterans. They have fought with in the special image and likeness of God for Daley. Looking for a place to stuff the likes courage, honor, and conviction to preserve greater thingsÐto love and to be loved,'' she of John Huang, Mr. Clinton appropriately se- and defend the ideals that have bound the said. ``I will tell you something beautiful. We lected Commerce. United States and Greece in a historic partner- are fighting abortion with adoption.'' This is hardly idle speculation. As the non- ship for peace, stability, and democratic val- ``Please don't kill the child,'' she begged. ``I partisan Statistical Assessment Service ob- ues. want the child. Please give me the child. I am served recently, ‘‘[O]nce the sampling prece- willing to accept any child who would be abort- dent is set, what is to prevent us, in prin- f ciple, from lowering the actual enumeration ed, and to give that child to a married couple from 90 percent to 80 percent or 70 percent or MOTHER TERESA AND THE GOLD who will love the child and be loved by the lower? . . . This creates a powerful tempta- MEDAL child.'' True to her word, her Sisters of Charity tion for the party in power to skew the sam- have yet to refuse a child, anywhere. pling adjustment its way. The ability to ‘cre- HON. BOB SCHAFFER Mother Teresa is a profile in contradiction; a ate’ or ‘eliminate’ millions of strategically light in the darkness, strength among the placed citizens with the stroke of a pen in- OF COLORADO IN THE HOUSE OF REPRESENTATIVES weak, courage among fear. Standing at the troduces a potent and disturbing new politi- seat of democracy, in the strongest nation of cal weapon . . . and a dangerous new set of Monday, June 23, 1997 political temptation.’’ the world, the terms of secular powerÐmili- Constitutionally, the Supreme Court only Mr. BOB SCHAFFER of Colorado. Mr. tary, economic, and bureaucraticÐbecame last year (Department of Commerce v. City Speaker, I rise today to acknowledge the pro- tiny by her greatness.

VerDate 20-MAY-97 08:20 Jun 24, 1997 Jkt 039061 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\CRI\E23JN7.REC e23jn1 E1298 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 1997 Clearly endowed by God, the power of ence a similar life expectancy as ALS patients, to our Nation. Further, in order to show our Mother Teresa's heart transcends the power are granted this waiver. proper recognition, I am recommending that of the world. The Capps-Gilman bill would provide Medi- each local veteran's office present a U.S. flag f care coverage for outpatient drugs and thera- to the family of a deceased member of this pies for ALS. This provision would ensure pa- elite ensemble of men. In the face of danger STATEMENT ON ALS RESEARCH, tient access to such treatments and help spur and against the odds, these men stood tall TREATMENT AND ASSISTANCE the development of new treatments for ALS. and answered our country's call to freedom, ACT Currently, Medicare part B provides drug cov- and for that the United States of America is erage for five other afflictions: oral cancer, forever grateful. HON. WALTER H. CAPPS clotting factors, immuno suppressives, f OF CALIFORNIA osteoporosis, and hemophilia. IN THE HOUSE OF REPRESENTATIVES Finally, this legislation would double Federal PERSONAL EXPLANATION funding of research into the cause, treatment, Monday, June 23, 1997 and cure of ALS. NIH-sponsored ALS re- HON. NICK J. RAHALL II Mr. CAPPS. Mr. Speaker, together with my search totaled only $12 million in fiscal year OF WEST VIRGINIA colleague BEN GILMAN, I am today introducing 1996. Clearly, more must be done. Recent ad- IN THE HOUSE OF REPRESENTATIVES the Amytrophic Lateral Sclerosis [ALS] Re- vances in ALS research have produced prom- Monday, June 23, 1997 search, Treatment and Assistance Act of ising leads, many related to shared disease 1997. This bill is designated to assist individ- processes that appear to operate in many Mr. RAHALL. Mr. Speaker, I was unable to uals with ALS, encourage advances in treat- neurodegenerative diseases. Increased re- be present for rollcall Nos. 224, 223, 222, and ment, and accelerate research support at NIH. search funding for NIH can speed up work on 221 on June 20, 1997. Had I been present The terrible nature of ALS was recently these promising leads. and voting, I would have noted in favor of brought home to me through a very close Mr. Speaker, I urge the support of my col- these four amendments to the Defense au- friend of mine, Tom Rogers, who is suffering leagues for this critically important legislation. thorization bill, H.R. 1119. from this disease. Tom has been an able and f f compelling legislator, and a leader in the envi- ronmental movement in Santa Barbara Coun- A TRIBUTE TO U.S. WEATHER BU- OPEN LETTER OF SENATOR ty. His struggle with this disease has been he- REAU’S NORTH ATLANTIC PA- NANCY KASSEBAUM BAKER AND roic and an inspiration to all who know him. TROL VICE PRESIDENT WALTER MON- During my campaign for Congress, Tom gave DALE TO THE PRESIDENT AND me his running shoes which he said he no HON. SUE W. KELLY MEMBERS OF CONGRESS CON- longer had any use for due to the debilitating OF NEW YORK CERNING BIPARTISAN CAMPAIGN aspects of ALS. I wore those shoes through IN THE HOUSE OF REPRESENTATIVES REFORM the months leading up to my election. To this Monday, June 23, 1997 day, that gesture of friendship and support has Mrs. KELLY. Mr. Speaker, my fellow col- HON. MARTIN T. MEEHAN continued to be a source of inspiration for me. leagues: I would like to call your attention to OF MASSACHUSETTS While most of us know of the famed base- a great service rendered to this country by the IN THE HOUSE OF REPRESENTATIVES ball star for which this disease is named, men who served as civilian weather observers Monday, June 23, 1997 many of us are unaware of the tragic con- with the U.S. Weather Bureau's North Atlantic Mr. MEEHAN. Mr. Speaker, last week two sequences of Lou Gehrig's Disease. First di- Patrol during the Second World War. These agnosed over 130 years ago, ALS is a pro- of America's most respected and distinguished men significantly impacted the success of D- senior statespeople, Senator Nancy Kasse- gressive, fatal neuromuscular disease afflicting day, and many other battles of World War II, 25,000 to 30,000 individuals in the United baum Baker and Vice President Walter Mon- and yet, they have never been given the pub- dale, visited with several bipartisan reform States today. Approximately 5,000 new cases lic appreciation they so richly deserve. are reported every year. leaders on Capitol Hill, including myself and One of my constituents, Mr. Ray McCool, several of my fellow cosponsors of the Biparti- Victims of the disease are struck by a told me of these men, serving in the North At- creeping paralysis that eventually leaves them san Campaign Reform Act of 1997. The pur- lantic Weather Patrol aboard Coast Guard pose of their visit was to discuss an open let- unable to eat or even breathe. There is no vessels, who obtained and transmitted essen- cure for ALS and researchers are just now be- ter they wrote to the President and to Mem- tial weather data to Washington, DC. As a re- bers of Congress on the topic of campaign re- ginning to understand what kills the nerve sult, they made possible the preparation of form. For my colleague Representative CHRIS- cells in the brain and spinal cord that lead to weather maps used throughout the war. In the disease's destructive effects. ALS usually TOPHER SHAYS of Connecticut and myself, I fact, their long-range forecasts provided vital enter Senator Kassebaum Baker and Vice strikes people in their 50's or later and life ex- information needed to plan the D-day invasion. President Mondale's letter into the CONGRES- pectancy is a mere 3 to 5 years. Their knowledge and talents made an enor- SIONAL RECORD. My bipartisan bill would waive the 24-month mous difference in the success of the overall waiting period for Medicare eligibility on the AN OPEN LETTER TO THE PRESIDENT mission and ultimately in an Allied victory. AND THE CONGRESS OF THE UNITED basis of disability for ALS patients. This is only Their service was not without danger and fair since life expectancy following diagnosis is STATES FROM NANCY KASSEBAUM sacrifice. Under the Geneva Convention Arti- BAKER AND WALTER F. MONDALE, often shorter than the waiting period and most cles of War, the rules for treating military pris- Washington, DC, June 18, 1997. ALS patients will have paid into the Social Se- oners did not apply to civilians. Therefore cap- DEAR MR. PRESIDENT AND MEMBERS OF CON- curity system well before the onset of ALS. ture by the enemy most likely meant being GRESS: In March, the President asked that Disabled people under age 65 are eligible treated as a spy and shot. To prevent this, we help in the cause of campaign finance re- for Social Security Disability Insurance and they were outfitted in Coast Guard uniforms, form. Since then we have observed closely Medicare benefits. However, there is a 5- the national discussion of this issue, which carried as chief petty officers and enlisted into we believe is central to the well-being of month waiting period from the onset of the dis- the service as ``U.S. Coast Guard Temporary ability until SSDI benefits are granted and then American democracy. We would now like to Reserves.'' report about our initial recommendations, a further 24-month waiting period for Medicare If capture by the enemy wasn't worry with a plea, in the best interests of our polit- eligibility. Unfortunately, since ALS patients' enough, they had the high seas and enemy ical process, that the Executive and Legisla- life expectancy is only 36 to 60 months, the ships to face. A typical mission took these tive Branches commit themselves to a course 29-month waiting period leave them little time men out to sea for 4 to 6 weeks at a time of urgent debate leading to early and mean- to participate in Medicare. This is unfair as where they dealt with hurricanes and attacks ingful action. most ALS patients have had productive work- from depth charges, U-boats, and German One of us is a Republican. The other is a ing lives prior to onset of the disease and an Democrat. We are inspired by the bipartisan submarines. efforts of Senators John McCain and Russell estimated 17,000 of them are not age-eligible To date, the United States have never fully Feingold, and Representatives Christopher for Medicare. The cost of assisted living care recognized the invaluable job these civilian Shays and Martin Meehan, to achieve cam- and various effects of the disease can leave weather observers performed. paign finance reform. The bipartisan effort many patients' families financially drained. Vic- Today, let the record show we salute these of new members of the House, led by Rep- tims of end stage renal disease, who experi- unsung heroes and acknowledge their service resentatives Asa Hutchinson and Thomas

VerDate 20-MAY-97 08:20 Jun 24, 1997 Jkt 039061 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\CRI\E23JN7.REC e23jn1 June 23, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1299 Allen, is also a foundation for hope. We are money to the national parties and their cam- Second, disclosure is an essential tool be- mindful that no change will occur unless paign organizations now threatens the credi- cause it allows citizens to hold candidates there is a consensus in both parties that re- bility of our entire electoral process. accountable for the means by which cam- form is fair to each. We also believe the im- We believe that Congress, as a matter of paigns are financed. On election day voters perative task of renewing our democracy re- high priority must stop, unambiguously, all can only express themselves about can- quires that we all look beyond party. Guided ‘‘soft money’’ contributions to the national didates on the ballot. Even candidates, how- by basic lessons from our Constitution and parties and their campaign organizations. ever, may not know the true identity of enti- national experience, we must identify spe- The Congress should also prohibit the solici- ties that dominate the airwaves during the cific measures and commit ourselves to ac- tation of soft money by those parties and or- closing weeks of a campaign with electoral tion where agreement is within our grasp, ganizations, any federal office holder, or any message patently targeted to favor or disfa- even as we identify other questions for fur- candidate for federal office for the seeming vor them or their opponents. Broader disclo- ther consideration. benefit of others, but in truth to circumvent sure of the sources of financing of campaign The Constitution, in this as in all public the prohibition of soft money to the national advertisements would contribute to the affairs, is our first teacher. It directs that parties. These interrelated acts would do robustness of political debate. It would en- the Congress shall make no law abridging much to reinvigorate the basic concept of sure that candidates know to whom they the freedom of speech. The Supreme Court the Federal Election Campaign Act: that, might respond, and that the electorate has provided substantial guidance how that while we must remain mindful of the politi- knows who can be held accountable for the command applies to campaign finance laws. cal parties’ needs for resources to perform accuracy or demeanor of advertisements. their vital role in the political process, it is Whether any of us might wish that the Court Additionally, we should take advantage of individuals, subject to contribution limits had decided particulars of prior cases dif- an electronic age in which information can established by Congress, who are the heart of ferently, our national legislative task is to be transmitted rapidly from, and updated the system of private contributions for fed- give full honor to its free speech decisions. frequently by, party and campaign officials, The Constitution also enshrines political eral elections. The prompt end to soft money and made readily available to the public democracy. One of its central purposes is to solicitations by presidential candidates, with equal rapidity. ensure that every individual has the right to among others, would also assure that the participate fully in the electoral process. As public gets full value for its investment in No limitations and no disclosure require- Madison said of the Congress in The Federal- publicly financed presidential elections. ments are worth much in the absence of ist Papers (No. 52), ‘‘the door of this part of A recurring observation about the 1996 and timely and effective enforcement. Indeed, the federal government is open to merit of other recent federal elections is that can- the absence of credible enforcement causes every description, ... without regard to pov- didates have lost control of the conduct of damage beyond the campaign finance laws erty or wealth.’’ Our campaign finance sys- their campaigns. Indeed, many candidates by engendering real doubts about the appli- tem must respect, and do everything it can are at risk of becoming bystanders to cam- cation of the rule of law to powerful mem- to bolster, the constitutionally rooted pri- paigns waged by others in the name of ‘‘issue bers of our society. The American public be- macy of individual citizens in our political advocacy.’’ As a result, the accountability of lieves resolutely that a fundamental premise democracy. the candidates for the conduct of campaigns of our constitutional democracy is that high is seriously compromised. Part of the prob- elected officials, like ordinary citizens, are In applying constitutional values to cam- lem is the need to sharpen definitions, that subject to the rule of law, and to the timely paign finance, we do not have to start from may have worked twenty years ago, to dis- application of it. The Congress and the Presi- scratch. We have had a century of debate and tinguish campaigning for candidates from a dent need to work together to assure the legislation about several essential matters, more general public debate of issues. An- public that campaign finance laws are not including what we now describe as ‘‘soft other part is the need to update the disclo- pretenses. money.’’ From early in the twentieth cen- sure requirements of the Federal Election The President and the Senate should take tury, federal law has prohibited contribu- Campaign Act. Progress on both counts is immediate action to assure that vacancies tions from corporate treasuries to federal necessary to assure that our political process on the Federal Election Commission are election campaigns. Starting in the 1940s, achieves the substantial benefits that should filled by knowledgeable, independent-minded this bar has been applied equally to con- result from an end of the ‘‘soft money’’ sys- individuals who are not subject to the sug- tributions to federal election campaigns tem. gestion that they are appointed to represent from union treasuries. The basic principle of First, it is essential that Congress estab- political organizations. We say this because these constraints, upheld by the Supreme lish, on the basis of the experience of recent we need a clean break from the past, not to Court, is that organizations which are grant- elections, an appropriate test consistent be critical of any former, present, or poten- ed special privileges and protections, pro- with the First Amendment for distinguishing tial member of the Commission. It is within vided by federal or state law for economic advocacy about candidates from the general the President’s power to accomplish this new advantage, should not be permitted to lever- advocacy of issues. The purpose of this test start for the Commission, beginning today. age that advantage to cast doubt on the in- should be to identify for consistent treat- We urge the President, in consultation with tegrity of our national government. ment under the Federal Election Campaign the leadership of the Congress, to name an In the 1970s, in response to the constitu- Act significant expenditures for general advisory panel of citizens whose task would tional crisis that began twenty-five years communications to the public, at times close be to recommend highly qualified candidates ago this week, the Congress established lim- to elections, that are designed to achieve for the President’s consideration for appoint- its on individual contributions to candidates specific electoral results. The Supreme Court ment to the Commission, subject of course to and political parties, and barred large indi- has said that Congress may regulate federal the Senate’s advice and consent. vidual contributions to them that threat- campaign activity to avoid corrupting influ- ened to undermine governmental integrity in ences or appearances. In doing so, the Con- Congress can take further steps to protect reality or appearance. Though it subse- gress should look at reality, not the self-ap- the independence of the Commission. If com- quently invalidated several other reform plied labels of partisans. Our objective missioners were limited to one term, they provisions of that time, the Supreme Court should be to assure that comparable expendi- would have no occasion to measure the im- sustained this central element of our cam- tures are treated comparably. pact of their decisions on the possibility of paign finance law. The gains from ending ‘‘soft money’’ will reappointment. The independence of the At the end of the 1970s, the Federal Elec- be incomplete if money currently spent by Commission can also be furthered by placing tion Commission began to erode these impor- parties is only redirected into so-called issue its funding on a more secure, longer term tant protections. The Commission author- advertisements, including those by surrogate basis. ized national party committees to spend the organizations established to circumvent The potential for deadlock inheres in the proceeds of a new category of contributions campaign finance laws. A tightened, realistic requirement that the Commission have an which we now know as ‘‘soft money.’’ This definition of statutory terms will not fore- even number of commissioners. Because the allowed previously prohibited corporate and close communications to the pubic on behalf Congress also has made the Commission the union treasury contributions, and also un- of the interests of business enterprises and official gatekeeper to the United States limited contributions from individuals, to unions even up to Election Day, under regu- courts, judicial action to resolve complaints the national political parties. The theory has lations evenly applied to their political ac- under the Federal Election Campaign Act is been that if contributions are not used di- tion committees. It will mean that commu- impeded unless permitted by a majority of rectly in a federal election, federal campaign nications to the general public in periods commissioners. Thus, a deadlocked Commis- finance laws do not limit them. At first, the close to elections that are designed to sion is an obstacle to the adjudication of amounts of soft money involved were rel- achieve electoral wins or losses are financed meritorious claims. It is important to rely atively small. But as happens with cracks in through the voluntary contributions of indi- on the expertise of the Commission, but dikes, the power behind the breach has over- viduals, such as to their parties, political ac- when the Commission is unable to resolve whelmed all defenses. The resulting flood of tion committees, or candidates. complaints, our respect for the rule of law

VerDate 20-MAY-97 08:20 Jun 24, 1997 Jkt 039061 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\CRI\E23JN7.REC e23jn1 E1300 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 1997 requires that complainants have the right to District has encouraged a chorus of carping Association Broadcasters, we got the work out a fresh start through a direct action in the from city officials who predict that the about this PSA, and about how broadcasters United States courts against alleged viola- measure won’t stem the middle-class exodus could join the flood relief effort. tors. The law should be amended to provide to the suburbs. Perhaps to their surprise, for this in the event that the Commission in Rep. Archer agrees. ‘‘The single biggest While the PSA was playing in cities across unable to act because of deadlock or a lack thing that the District of Columbia needs to the United States asking individuals to give of resources. do,’’ he told a press conference at the bill’s what they could to help the flood victims, We have not attempted to set out an ex- unveiling, ‘‘is to create an environment that haustive list of reforms which may be attain- broadcasters were also becoming involved in is healthy for people to live and to work and the campaign. In Fargo, ND, a TV station's able and would make a significant contribu- to educate their children. * * * There are no tion. Other important proposals by members changes in the tax code that are going to be telethon raised $1.2 million. In Minneapolis, 21 of Congress or students of campaign finance enough to accomplish that.’’ radio morning shows raised $500,000. In reform merit consideration, such as encour- Rep. Archer’s appraisal was both candid Omaha, a DJ got listeners to fill a 53-foot aging small contributions through tax cred- and realistic. The District’s tax code isn’t truck with donations. While in Grand Forks, its, or providing greater resources to can- the chief reason more than 50,000 residents KCNN Radio continued its round the clock ef- didates through enhanced access to commu- have fled the city in the 1990s alone. A host nications media or through flexibility by the fort to answer any and all questions for flood of problems—including poor schools, crime, victims and provide the community with the parties in supporting candidates with ex- broken city services and abysmal local lead- penditure of hard money contributions. ership—are responsible. The District’s sur- latest in local and national news affecting its Rather, our purpose is to illustrate that it is vival will depend less on tax cuts than on a listeners. possible to identify and act on particular, wide variety of policies and actions that di- achievable improvements, which should not To Phil Jackson of the Chicago Bulls and to rectly address those ills. Fixing the school be postponed or neglected. We very much en- the broadcasting community I extend my system, imposing financial accountability courage and support a larger debate about and management reforms in the government, thanks. other changes at the federal and state levels improving public safety and adopting the in the manner in which political campaigns president’s plan to take over some burden- f are financed. Additional changes will be es- some state-level responsibilities and costs sential to renewing American democracy. will go a long way toward creating a stable A TRIBUTE TO EUNICE KINDRED The enactment of immediate reforms may and livable city. give us a measure of time to address other reforms, but should never become an excuse Tax cuts, whether they benefit the major- for avoiding them. ity of residents or are focused on the city’s HON. JIM DAVIS We urge that the work of the Congress over poorest neighborhoods, aren’t going to pro- the next few months be spurred by one over- vide the city with a sustainable revenue OF FLORIDA base. Yet to dismiss the GOP tax-break pro- riding thought: no one would create, or IN THE HOUSE OF REPRESENTATIVES should feel comfortable in defending, the posals out of hand may be shortsighted and campaign finance system that now exists. self-defeating too. Monday, June 23, 1997 Public cynicism about our great national po- Businesses are leaving town, and the city litical institutions is the inevitable product is having trouble attracting new firms. Much Mr. DAVIS of Florida. Mr. Speaker, I rise to of the gaps that exist between our principles the same applies to middle-income residents. Rep. Archer believes tax relief could become recognize and congratulate Eunice Kindred, a and the law, and between the law and com- rising senior at Tampa Preparatory School, on pliance with it. The trend lines, also, are all a magnet for residents and businesses in cer- wrong. If we were unhappy about campaign tain economically depressed areas of the city her first-place finish in the Congressional Art financing in the election of 1996, as the pub- such as Anacostia, Mount Pleasant and Competition for high school students of the lic is and as members of both parties ought Chinatown. Whether tax breaks would keep 11th Congressional District. Her painting will to be, then we should anticipate with great and attract new residents or spur investment be hung in the Capitol here in Washington, trepidation the election of 2000, absent and job creation in the District’s struggling DC. For many students, this honor might be prompt reforms. areas is an open and untested question in his or her first recognition of talent, but for Eu- The challenge for this Congress is to put in this city. At $325 million in tax relief spread place changes for the presidential and con- out over five years and targeted on about nice, this is one addition to a long list of ac- gressional election cycle that will start the 80,000 of the city’s 554,000 residents, it’s an complishments within as well as outside the day after next year’s elections, a little more expensive gesture, if not gamble. realm of art. than sixteen months from now, to enable an Control board chairman Andrew Brimmer Eunice has excelled at art throughout her election in the year 2000 in which we will believes the plan’s economic impact would life, showing a unique talent for expression have pride and the public will have con- be ‘‘slight.’’ House Speaker Newt Gingrich, fidence. Your leadership in that endeavor on the other hand, reportedly views the D.C. through canvas since age 5. She has received will serve the interests of American democ- tax package as a ‘‘demonstration project countless awards for her artistic abilities, at racy, and command the enduring apprecia- that Republican free-market solutions are the local and national levels. Her artwork has tion of all of us who know how needed that the best way to solve the problems of our na- been displayed in various exhibitions in the leadership is. tion’s inner cities.’’ It’s an experiment worth Tampa area; the list continues. Recently, Eu- Sincerely, watching. nice has entered the world of business, start- NANCY KASSEBAUM BAKER. ing her own design company. Undoubtedly WALTER F. MONDALE. f she will enhance and fulfill her entrepreneurial f THANKS TO PHIL JACKSON AND skills to the level of her artistic skills. NATIONAL ASSOCIATION OF AN OPTION WORTH WATCHING Aside from these talents Eunice has the dis- BROADCASTERS tinction of being one of the top young bowlers HON. NEWT GINGRICH in the United States today. Eunice bowled a OF GEORGIA HON. EARL POMEROY 299 game in 1992, consistently places highly IN THE HOUSE OF REPRESENTATIVES OF NORTH DAKOTA in tournaments, and was recognized in 1994 Monday, June 23, 1997 IN THE HOUSE OF REPRESENTATIVES as being in the top 5 percent of all young Monday, June 23, 1997 bowlers in the United States and Canada, an Mr. GINGRICH. Mr. Speaker, the gentleman honor for which she received a letter of rec- from Texas, the Ways and Means Chairman, Mr. POMEROY. Mr. Speaker, I rise today to ognition from the President of the United Mr. ARCHER, has developed a tax relief plan to thank those who helped the victims of the States. help restore our Nation's Capital, the District flood that hit the upper Great Plains this of Columbia. I enter into the CONGRESSIONAL spring. I would especially like to point out the Eunice's extraordinary abilities also extend RECORD an editorial from the Washington Post public service announcement filmed by Chi- into musicianship. She is an accomplished vio- which, recognizing that a tax incentive plan is cago Bulls coach and former North Dakotan linist, having held the first violin chair of the the sole solution to the troubles of the District, Phil Jackson and distributed by the National Tamp Bay Youth Orchestra. still concludes that it is an option ``worth Association of Broadcasters. What is impressive about this young lady is watching.'' In the midst of the Chicago Bulls run for a the fact that despite her extensive extra- [From the Washington Post, June 11, 1997] fifth NBA title in 7 years. Coach Jackson took curricular activities, Eunice maintains an excel- MR. ARCHER’S PLAN FOR THE DISTRICT the time to film a public service announcement lent academic record; her induction into nu- House Ways and Means Committee Chair- asking Americans to help the flood victims of merous honor societies is reflective of this man Bill Archer’s tax incentive plan for the his former State. Teaming up with the National record.

VerDate 20-MAY-97 08:20 Jun 24, 1997 Jkt 039061 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\CRI\E23JN7.REC e23jn1 June 23, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1301 Eunice is truly an exceptional person. Her between working endless hours helping her covery efforts, could not happen without those abilities run the gamut, ranging from aesthet- city through this time and numerous trips to extraordinary efforts. ics to athletics. Young people all across Amer- Washington to make a case for Federal sup- Other groups that contributed to the disaster ica such as Eunice embody the American spir- port, she was always available to also lend a far above the normal call-of-duty include the it and will help lead the way into the 21st cen- shoulder to the Grand Forks resident who men and women who worked to restore power tury. I, along with the rest of the 11th District needed comfort. after the blizzard. Linemen who in some cases of Florida, congratulate Eunice on her fine ac- Many other mayors across North Dakota, were wearing snowmobile helmets as they complishment. Minnesota, and South Dakota showed their worked to restore power lines during the f unshakeable commitment to the people they height of the ice storms deserve our thanks for serve. Mayor Lynn Stauss of East Grand a job well done. The thousands of volunteers REGARDING THE UPPER GREAT Forks, Mayor Bruce Furness of Fargo, Mayor who fought the flood, in some cases even PLAINS FLOOD OF 1997 Hetty Walker of Pembina, Mayor Dan Rood of while their own homes were being inundated, Wahpeton, and so many other community should be remembered for their selfless acts HON. EARL POMEROY leaders deserve our thanks and our praise. and hard work. When our communities needed their leader- OF NORTH DAKOTA Donations poured in from every corner of ship the most, they were there for usÐprovid- IN THE HOUSE OF REPRESENTATIVES the United States as the magnitude of this dis- ing strength, courage, and leadership that has aster and suffering became known. Other acts Monday, June 23, 1997 truly made a difference to the lives of the peo- of kindness from individuals and corporations Mr. POMEROY. Mr. Speaker, I rise today to ple they represent. were commonplace, their generosity at times offer my appreciation to the people who have The flood of 1997 on the Upper Great truly defying description. helped the disaster-stricken communities of Plains brought out the best in people as North Dakota. Whenever a community suffers neighbors helped neighbors get through some At the same time, other agencies stepped from a disaster, people often look to their local very difficult times. People from around the forward to do their usual jobs of helping peo- leadership to help them get through trying country stepped forward to lend a hand and ple recover. Unfortunately, the Red Cross and times and help them get back on their feet. show the residents of Grand Forks that they the Salvation Army all too often are taken for With the blizzards and floods of 1997, local weren't alone. I would also like to recognize granted for the support they provide. Let me leaders in North Dakota have not only risen to the incredible help provided by the men and tell you that in North Dakota, and especially in the task, they've become heroes to the people women of the Grand Forks Air Force Base. Grand Forks, they are not taken for granted. they serve. Few can forget the images of From acting as the mass care shelter to They set new standards for caring and com- Grand Forks Mayor Pat Owens working hosting the senior prom, the assistance from mitment. around the clock as her community suffered the air base to the community continues. The To all those who stepped forward to help the worst disaster in North Dakota history. And response activities, and now the ongoing re- those in need I say thank you.

VerDate 20-MAY-97 08:20 Jun 24, 1997 Jkt 039061 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\CRI\E23JN7.REC e23jn1 E1302 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 1997 SENATE COMMITTEE MEETINGS Judiciary privileges, and S. 360, to require adop- Title IV of Senate Resolution 4, To hold hearings to examine encryption, tion of a management plan for the key recovery, and privacy protection in Hells Canyon National Recreation Area agreed to by the Senate on February 4, the information age. that allows appropriate use of motor- 1977, calls for establishment of a sys- SD–226 ized and nonmotorized river craft in tem for a computerized schedule of all 2:00 p.m. the recreation area. meetings and hearings of Senate com- Commerce, Science, and Transportation SD–366 mittees, subcommittees, joint commit- Science, Technology, and Space Sub- Judiciary tees, and committees of conference. committee Immigration Subcommittee This title requires all such committees To hold hearings on proposed legislation To hold hearings on proposals to extend to notify the Office of the Senate Daily authorizing funds for fiscal year 1998 the Visa Waiver Pilot Program, includ- for the United States Fire Administra- Digest—designated by the Rules Com- ing S. 290, to establish a visa waiver tion, Federal Emergency Management pilot program for nationals of Korea mittee—of the time, place, and purpose Agency and the Office of Associate Ad- of the meetings, when scheduled, and who are traveling in tour groups to the ministration for Commercial Space United States. any cancellations or changes in the Transportation. SD–226 meetings as they occur. SR–253 As an additional procedure along Judiciary JULY 10 To hold hearings on pending nomina- with the computerization of this infor- 2:00 p.m. mation, the Office of the Senate Daily tions. SD–226 Energy and Natural Resources Digest will prepare this information for National Parks, Historic Preservation, and printing in the Extensions of Remarks Recreation Subcommittee section of the CONGRESSIONAL RECORD JUNE 26 To hold oversight hearings to review the on Monday and Wednesday of each 9:00 a.m. preliminary findings of the General Ac- week. Commerce, Science, and Transportation counting Office concerning a study on Meetings scheduled for Tuesday, Business meeting, to consider pending the health, condition, and viability of June 24, 1997, may be found in the Daily calendar business. the range and wildlife populations in Yellowstone National Park. Digest of today’s RECORD. SR–253 9:30 a.m. SD–336 MEETINGS SCHEDULED Energy and Natural Resources Forests and Public Land Management Sub- JULY 23 committee 9:00 a.m. JUNE 25 To hold hearings on S. 783, to increase Finance 9:30 a.m. the accessibility of the Boundary Wa- International Trade Subcommittee Commerce, Science, and Transportation ters Canoe Area Wilderness. To hold hearings with the Caucus on Communications Subcommittee SD–366 International Narcotics Control on the To hold hearings on international sat- threat to U.S. trade and finance from ellite reform proposals. JUNE 26 drug trafficking and international or- SR–253 9 a.m. ganized crime. Governmental Affairs Environment and Public Works SD–215 Permanent Subcommittee on Investiga- Clean Air, Wetlands, Private Property, and tions Nuclear Safety Subcommittee JULY 30 To hold hearings to examine emerging To hold oversight hearings on recent ad- 9:00 a.m. fraud in the Medicare program. ministrative changes and judicial deci- Finance SD–342 sions relating to Section 404 of the Fed- International Trade Subcommittee Rules and Administration eral Water Pollution Control Act. To resume hearings with the Caucus on To hold hearings to examine campaign SD–406 International Narcotics Control on the financing, focusing on whether politi- Small Business threat to U.S. trade and finance from cal contributions are voluntary. Business meeting, to mark up S. 208, to drug trafficking and international or- SR–301 provide Federal contracting opportuni- ganized crime. Veterans’ Affairs ties for small business concerns located SD–215 To hold hearings to review a recent Gen- in historically underutilized business eral Accounting Office (GAO) report zones, and proposed legislation author- entitled ‘‘Gulf War Illnesses: Improved izing funds for the Small Business Ad- Monitoring of Clinical Progress and ministration. CANCELLATIONS Re-examination of Research Emphasis SR–428A Needed’’. 10:00 a.m. JUNE 24 SH–216 Judiciary 9:30 a.m. Indian Affairs To hold hearings to review the Global Small Business To hold oversight hearings on the Ad- Tobacco settlement. To hold hearings on proposed legislation ministration’s proposal to restructure SD–226 authorizing funds for the Small Busi- Indian gaming fee assessments. Judiciary ness Administration. SD–562 Technology, Terrorism, and Government SR–428A 10:00 a.m. Information Subcommittee Appropriations To hold hearings to examine the threat JUNE 25 District of Columbia Subcommittee of domestic terrorism, focusing on alle- To hold hearings on proposed budget es- gations from the recent trial of Timo- 9:30 a.m. timates for fiscal year 1998 for the Dis- thy McVeigh in the Oklahoma City Labor and Human Resources trict of Columbia. bombing. Business meeting, to consider pending SD–192 SD–226 calendar business. Banking, Housing, and Urban Affairs 2:00 p.m. SR–430 Securities Subcommittee Energy and Natural Resources To resume oversight hearings to examine National Parks, Historic Preservation, and JUNE 26 Social Security investment in the secu- Recreation Subcommittee 9:30 a.m. rities markets. To hold hearings on S. 308, to require the Labor and Human Resources SD–538 Secretary of the Interior to conduct a Children and Families Subcommittee Foreign Relations study concerning grazing use of certain To hold oversight hearings on the imple- To hold hearings on pending nomina- land within and adjacent to Grand mentation of the Family and Medical tions. Teton National Park, Wyoming, and to Leave Act. SD–419 extend temporarily certain grazing SR–430

VerDate 20-MAY-97 08:20 Jun 24, 1997 Jkt 039061 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\CRI\E23JN7.REC e23jn1 Monday, June 23, 1997 Daily Digest Senate Messages From the President: Senate received the Chamber Action following messages from the President of the United Routine Proceedings, pages S6049–S6103 States: Measures Introduced: One bill was introduced, as Transmitting the annual report on Federal Advi- follows: S. 950. Page S6097 sory Committees for fiscal year 1995; referred to the Committee on Governmental Affairs. (PM–47). Measures Passed Pages S6095±96 National Literacy Day: Senate agreed to S. Res. Nominations Received: Senate received the follow- 92, designating July 2, 1997, and July 2, 1998, as ing nominations: ‘‘National Literacy Day’’. Page S6103 Martin S. Indyk, of the District of Columbia, to Budget Reconciliation: Senate began consideration be an Assistant Secretary of State. of S. 947, to provide for reconciliation pursuant to Routine lists in the Army, Marine Corps. section 104(a) of the concurrent resolution on the Page S6103 budget for fiscal year 1998, taking action on amend- Messages From the President: Pages S6095±96 ments proposed thereto, as follows: Pages S6058±72, S6074±93 Messages From the House: Page S6096 Pending: Communications: Pages S6096±97 Gregg Modified Amendment No. 426, to provide Statements on Introduced Bills: Pages S6097±99 for terms and conditions of imposing Medicare pre- miums. Pages S6066±72, S6074±77 Additional Cosponsors: Pages S6099±S6100 Harkin Amendment No. 428, to reduce health Amendments Submitted: Pages S6100±01 care fraud, waste, and abuse. Pages S6077±78 Kennedy/Wellstone Amendment No. 429, to Additional Statements: Pages S6101±03 strike the provision relating to the imposition of a Adjournment: Senate convened at 10 a.m., and re- copayment for part B home health services. cessed at 7:45 p.m., until 9:30 a.m., on Tuesday, Pages S6078±93 June 24, 1997. (For Senate’s program, see the re- Motion to waive a point of order that section marks of the Acting Majority Leader in today’s 5611 of the bill violates section 313(b)(1)(A) of the Record on page S6103.) Congressional Budget Act of 1974. Page S6092 A unanimous-consent agreement was reached pro- Committee Meetings viding for further consideration of the bill on Tues- day, June 24, 1997. Page S6103 No committee meetings were held. h House of Representatives H.R. 1581, to reauthorize the program established Chamber Action under chapter 44 of title 28, United States Code, re- Bills Introduced: 5 public bills, H.R. 2009–2013; lating to arbitration (H. Rept. 105–143); and 2 resolutions, H. Con. Res. 103–104, were in- H.R. 1866, to continue favorable treatment for troduced. Page H4221 need-based educational aid under the antitrust laws Reports Filed: Reports were filed as follows: (H. Rept. 105–144);

D655 D656 CONGRESSIONAL RECORD — DAILY DIGEST June 23, 1997 H.R. 1901, to clarify that the protections of the Cost of Government Day—Vote Postponed: The Federal Tort Claims Act apply to the members and House completed debate on the motion to suspend personnel of the National Gambling Impact Study the rules and agree to H. Con. Res. 102, expressing Commission (H. Rept. 105–145); the sense of the Congress that the cost of govern- H.R. 1902, to immunize donations made in the ment spending and regulatory programs should be form of charitable gift annuities and charitable re- reduced so that American families will be able to mainder trusts from the antitrust laws and State laws keep more of what they earn. The vote was post- similar to the antitrust laws; (H. Rept. 105–146); poned until Wednesday, June 25. Pages H4147±49 H.R. 849, to prohibit an alien who is not lawfully present in the United States from receiving assist- Recess: The House recessed at 2:35 p.m. and recon- ance under the Uniform Relocation Assistance and vened at 5:36 p.m. Page H4166 Real Property Acquisition Policies Act of 1970, Order of Business—MFN to China: It was made amended (H. Rept. 105–147); in order that at any time on June 24, 1997, to con- H.R. 2014, Revenue Reconciliation Act of 1997 sider in the House the joint resolution (H.J. Res. 79) (H. Rept. 105–148); and disapproving the extension of nondiscriminatory H.R. 2015, Balanced Budget Act of 1997 (H. treatment (most-favored-nation treatment) to the Rept. 105–149). Page H4221 products of the People’s Republic of China; that the joint resolution be considered as read for amend- Speaker Pro Tempore: Read a letter from the ment; that all points of order against the joint reso- Speaker wherein he designated Representative Pease lution and against its consideration be waived; that to act as Speaker pro tempore for today. Page H4137 the joint resolution be debatable for three and one- Recess: The House recessed at 10:50 a.m. and re- half hours equally divided and controlled by the convened at 12 noon. Page H4139 Chairman of the Committee on Ways and Means (in Suspensions: The House voted to suspend the rules opposition to the joint resolution) and a Member in and pass the following measures: support of the joint resolution; that pursuant to sec- Federal Tort Claims Act Clarification: H.R. tions 152 and 153 of the Trade Act of 1974, the 1901, to clarify that the protections of the Federal previous question be considered as ordered on the Tort Claims Act apply to the members and person- joint resolution to final passage without intervening nel of the National Gambling Impact Study Com- motion; and that the provisions of sections 152 and mission; Pages H4140±41 153 of the Trade Act of 1974 shall not otherwise apply to any joint resolution disapproving the exten- Charitable Donation Antitrust Immunity: H.R. sion of most-favored-nation treatment to the People’s 1902, to immunize donations made in the form of Republic of China for the remainder of the first ses- charitable gift annuities and charitable remainder trusts from the antitrust laws and State laws similar sion of the One Hundred Fifth Congress. Pages H4166±67 to the antitrust laws; Pages H4141±42 Veterans’ Cemetery Protection Act: H.R. 1532, Department of Defense Authorization Act: The amended, to amend title 18, United States Code, to House continued consideration of amendments to create criminal penalties for theft and willful vandal- H.R. 1119, to authorize appropriations for fiscal ism at national cemeteries. Agreed to amend the years 1998 and 1999 for military activities of the Department of Defense, to prescribe military person- title; Pages H4142±45, H4212 nel strengths for fiscal years 1998 and 1999. The Need-Based Educational Aid Antitrust Protec- House completed general debate and considered tion: H.R. 1866, to continue favorable treatment for amendments to the bill on June 19 and 20. need-based educational aid under the antitrust laws; Pages H4150±H4212 Pages H4145±46 Agreed To: Program Relating to Arbitration: H.R. 1581, to The Frank of Massachusetts amendment, as modi- reauthorize the program established under chapter fied, that limits the U.S. share of payments for the 44 of title 28, United States Code, relating to arbi- cost of NATO expansion to 10 percent of the total tration; and Pages H4146±47 cost or $2 billion whichever is less; and if at any John F. Kennedy Assassination Records Review time the U.S. share exceeds 10 percent, then no Board: H.R. 1553, to amend the President John F. funds may be expended until the percentage is re- Kennedy Assassination Records Collection Act of duced to 10 percent; Pages H4151±54, H4167 1992 to extend the authorization of the Assassina- The Bachus amendment that prohibits the per- tion Records Review Board until September 30, formance of military honors at the funeral of a per- 1998. Pages H4149±50 son who has been convicted of a crime under State June 23, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D657 or Federal law for which death is a possible punish- military personnel in the Asia and Pacific region; ex- ment and for which the person was sentenced to presses the sense of Congress that the armed forces death or life imprisonment (agreed to by a recorded should not be deployed to provide environmental vote of 416 ayes with none voting ‘‘no’’, Roll No. preservation activities for other nations; expands re- 225); Pages H4155±56, H4167±68 serve affiliations bonus to include the Coast Guard The Talent amendment that revises DOD missing reserve; prohibits any funding for the United States persons authorities; requires a preliminary assessment Man and Biosphere Program; states the support for within 48 hours unless hostile actions prevent timely the Army in its Comanche program technology reporting but in no case later than ten days; estab- transfer and acquisition efforts; requires a report on lishes reporting procedures and frequency of subse- the utility of permitting U.S. nationals to participate quent reviews; requires a certification by a forensic in the Senior Reserve Officers’ Training Corps pro- science practitioner for bodies that are not identifi- gram; clarifies that the gross tonnage for purposes of able; requires that the identity of the missing per- tank vessel double hull requirements shall be the son’s counsel be provided to the next of kin; and es- gross tonnage of the vessel on the most recent cer- tablishes personnel files for Korean Conflict cases tificate; provides $3.910 million for the fire range/ (agreed to by a recorded vote of 415 ayes to 2 noes, maintenance shop construction project at Camp Rob- Roll No. 226); Pages H4157±60, H4168±69 erts, California; includes additionally in the report The Buyer amendment that requires a joint plan on future military capabilities of the People’s Repub- from the Secretary of Defense and the Secretary of lic of China, Chinese capabilities in nuclear weapons Veterans Affairs to provide appropriate health care to development, electronic warfare, telecommunications, Persian Gulf veterans and their dependents who suf- advanced aerospace technologies, antisubmarine war- fer from a Gulf War illness, including follow up fare, and an assessment of the potential threat to treatment after initial examination as part of reg- U.S. strategic interests by U.S. and other sales to istration in the Persian Gulf War Veterans Health China; specifies that the POW/MIA flag shall be Registry or the Comprehensive Clinical Evaluation displayed at each Department of Veterans Affairs Program; requires a Comptroller General Study of medical center on each day on which the U.S. flag revised disability criteria to ensure accurate ratings is displayed; allows veterans’ preference to reservist related to a diagnosis of a Persian Gulf illness; re- veterans of the Persian Gulf War who were deployed quires a medical tracking system for members de- but did not serve in the theater of operations; re- ployed overseas; requires reports on plans to track quires a report evaluating the feasibility of transfer- the daily location of units serving in a theater of op- ring jurisdiction of the Modular Airborne Fire Fight- erations and plans to improve the detection of chem- ing System from the Department of Agriculture to ical and biological hazards; requires the Secretary of the Department of Defense; provides $6.2 million Defense to provide a notice with specified informa- for a barracks construction project at Fort tion to each member of the armed forces whenever Indiantown Gap, Pennsylvania; provides transfers of an investigational new drug is administered; requires real and personal property at certain Department of a report evaluating the effectiveness of medical re- Energy facilities; requires an annual report on the search initiatives regarding Gulf War illnesses; and development and deployment of narcotics detection provides $4.5 million to establish a Persian Gulf ill- technologies; requires the Secretary of Defense to ness clinical trials program (agreed to by a recorded delegate certain authorities to the site manager of vote of 417 ayes with none voting ‘‘no’’, Roll No. Hanford Reservation, Richland, Washington; re- 227); Pages H4160±66, H4169 quires the Secretary of Energy to conduct a study on The Rohrabacher amendment that prohibits any the effects of workforce restructuring plans for de- Cooperative Threat Reduction funds to be expended fense nuclear facilities; requires a report on the fea- when it becomes known to the Secretary of Defense sibility of conversion of members of the Army or Air that Russia has transferred to the People’s Republic Force reserve components who are on active duty of China an SS–N–22 missile system (agreed to by (AGR personnel) to military technicians; sense of a recorded vote of 215 ayes to 206 noes, Roll No. Congress that all promising technology and treat- 230); and Pages H4198±H4201 ments relating to Gulf War illnesses should be fully The Spence en bloc amendment, as modified, that explored and tested; increases funding for the Navy requires a study of the U.S. capacitor and resistor in- Land Attack technology program by $10 million and dustries; strikes limitation on funds for development reduces the Air Systems and Weapons Advance of the Integrated Defensive Electronic Counter- Technology program by $5 million and reduces the measures program for the F/A 18 aircraft and Ship Hull Mechanical and Electrical Technology by AV–8B aircraft; expresses the sense of Congress that $5 million; prohibits the Secretary of Defense from the U.S. should maintain approximately 100,000 determining the allowability of costs of employee D658 CONGRESSIONAL RECORD — DAILY DIGEST June 23, 1997 stock ownership plans described in the rule proposed ing weapons of mass destruction against federal by the Civilian Agency Acquisition Council and the properties, law enforcement officers, or employees; Defense Acquisition Regulations Council; requires a Page H4156 report on the Operational Field Assessments pro- Agreed to H. Res. 169, as amended, the rule pro- gram; establishes the Sikes Act Improvement viding for consideration of the bill on June 19. Amendments of 1997 and authorizes $9 million for Pages H3934±45 the next five years for cooperative wildlife manage- Presidential Message—Advisory Committees: ment at military installations; conveys land from Read a message from the President wherein he trans- Fort Dix to the Borough of Wrightstown, New Jer- mitted his annual report on Federal Advisory Com- sey; requires a study to evaluate the requirement for mittees, covering fiscal year 1995—referred to the military medical facilities in the National Capital re- Committee on Government Reform and Oversight. gion; requires a report describing anti-terrorism ac- Page H4212 tivities; provides limited expansion to the Commu- nity College of the Air Force; requires the Director Senate Messages: Message received today from the of OMB to report on counter-terrorism and anti-ter- Senate appears on page H4137. rorism programs and activities and establish a gov- Quorum Calls—Votes: Six recorded votes devel- ernment-wide reporting system on the budget and oped during the proceedings of the House today and expenditure of funds; expands the number of person- appear on pages H4167–68, H4168–69, H4169, nel eligible to participate in a demonstration project H4188–89, H4198, and H4200–01. There were no relating to acquisition workforce; conveys certain real quorum calls. property at Ellsworth Air Force Base to the Greater Adjournment: Met at 10:30 a.m. and adjourned at Box Elder Area Economic Development Corporation, 11:50 p.m. Box Elder, South Dakota; requires a random audit of U.S. military installations to determine the extent to which installations procured goods not made in the Committee Meetings United States; revises from 120 days to 60 days the No committee meetings were held. time for submission of the annual report relating to f the Buy America Act; requires a report from the Sec- retary of the Army concerning the implementation COMMITTEE MEETINGS FOR TUESDAY, of the amendments made to the Armament Retool- JUNE 24, 1997 ing and Manufacturing Support Act of 1992; and ex- (Committee meetings are open unless otherwise indicated) presses the sense of Congress concerning the need for Russian openness on the Yamantau Mountain Senate project. Pages H4201±12 Committee on Appropriations with the Committee on Gov- Rejected: ernmental Affairs, on the implementation of the Govern- The Dellums amendment, as modified, that ment Performance and Results Act, 10 a.m., SD–192. sought to terminate production of the B–2 bomber Full Committee, business meeting, to mark up pro- and reduce funding by $331.2 million, allow $21.8 posed legislation making appropriations for foreign assist- million for curtailment of the production line, and ance programs for the fiscal year ending September 30, 1998, 2:30 p.m., SH–216. increase funding by $332.2 million for procurement Committee on Commerce, Science, and Transportation, to of equipment for the reserve components (rejected by hold hearings on the nomination of Jane Garvey, of Mas- a recorded vote of 209 ayes to 216 noes, Roll No. sachusetts, to be Administrator of the Federal Aviation 228); and Pages H4169±89 Administration, 10:30 a.m., SR–253. The Everett amendment, as modified, that sought Committee on Energy and Natural Resources, to meet to to strike section 333, restrictions on contracts for further discuss proposals to advance the goals of deregula- performance of depot-level maintenance and repair at tion and competition in the electric power industry, certain facilities; section 334, core logistics functions 10:30 a.m., SD–366. of Department of Defense; and section 335, centers Committee on Governmental Affairs with the Committee on of industrial and technical excellence (rejected by a Appropriations, on the implementation of the Government recorded vote of 145 ayes to 278 noes, Roll No. Performance and Results Act, 10 a.m., SD–192. Committee on the Judiciary, business meeting, to consider 229). Pages H4189±98 the nomination of Eric H. Holder, Jr., of the District of Withdrawn: Columbia, to be Deputy Attorney General, Department The Skelton amendment was offered but subse- of Justice, 9:45 a.m., S–214, Capitol. quently withdrawn that sought to expand criminal Full Committee, to hold hearings to examine the Rand offenses resulting in forfeiture of veterans’ burial report relating to punitive damages in financial injury benefits to include those convicted of crimes involv- cases, 10 a.m., SD–226. June 23, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D659 NOTICE Subcommittee on International Economic Policy and Trade, to mark up H.R. 695, Security and Freedom For A listing of Senate Committee Meetings Through Encryption (SAFE) Act, 4 p.m., 2172 Rayburn. scheduled ahead, see page E1302 in today’s Record. Subcommittee on International Operations and Human Rights, hearing on Human Rights in Northern Ireland, House 10:00 a.m., 2172 Rayburn. Committee on Appropriations, to mark up Military Con- Committee on Resources, hearing on the following bills: struction appropriations for fiscal year 1998, 9:30 a.m., H.R. 700, to remove the restriction on the distribution 2360 Rayburn. of certain revenues from the Mineral Springs parcel to Subcommittee on Legislative, to mark up appropria- certain members of the Agua Caliente Band of Cahuilla tions for fiscal year 1998, immediately following full Indians; H.R. 948, Burt Lake Band of Ottawa and Chip- Committee, H–144 Capitol. pewa Indians Act; H.R. 976, Mississippi Sioux Tribes Subcommittee on Transportation, to mark up appro- Judgment Fund Distribution Act of 1997; and H.R. priations for fiscal year 1998, 3 p.m., 2358 Rayburn. 1604, to provide for the division, use, and distribution Committee on Banking and Financial Services, Subcommit- of judgment funds of the Ottawa and Chippewa Indians tee on Housing and Community Opportunity, hearing on of Michigan pursuant to dockets numbered 18–E, 58, The Adequacy of Available Homeowners’ Insurance in 364, and 18–R before the Indian Claims Commission, 10:00 a.m., 1324 Longworth. Disaster Prone Areas—The Problem, 10:00 a.m., 2128 Subcommittee on Forests and Forest Health, oversight Rayburn. hearing on Resident Exotic Plants and Pests threatening Committee on Commerce, Subcommittee on Finance and the health of the National Forests, 2:00 p.m., 1324 Long- Hazardous Materials, hearing on Financial Services Re- worth. form, 10:00 a.m., 2123 Rayburn. Subcommittee on National Parks and Public Lands, Committee on Education and the Workforce, Subcommittee hearing on the following measures: H.R. 1952, Utah on Oversight and Investigations, hearing on Education at Wilderness and School Trust Lands Protection Act of a Crossroads, What Works, What’s Wasted in Federal 1997; and H.R. 1500, to designate certain Federal lands Drug and Violence Prevention Programs, 11:00 a.m., in the State of Utah as wilderness, 10:00 a.m., 1334 2261 Rayburn. Longworth. Subcommittee on Workforce Protections, hearing on Subcommittee on Water and Power, hearing on the the Occupational Safety and Health Administration’s re- following bills: H.R. 134, to authorize the Secretary of invention project, 10:00 a.m., 2175 Rayburn. the Interior to provide a loan guarantee to the Olivenhain Committee on Government Reform and Oversight, Sub- Water Storage Project and H.R. 1400, Tumalo Irrigation committee on Government Management, Information, District Water Conservation Project Authorization Act, and Technology, oversight hearing on Investigative Prac- 2:00 p.m., 1334 Longworth. tices of Inspectors General, 9:30 a.m., 2247 Rayburn. Committee on Rules, to consider the following: Budget June 24, Subcommittee on Human Resources, hearings Reconciliation Spending Component; and the Taxpayer on Status of Efforts to Identify Gulf War Syndrome, 10 Relief Act, 9:30 a.m., H–313 Capitol. a.m., 2154 Rayburn. Committee on Science, Subcommittee on Technology, Committee on International Relations, Subcommittee on hearing on The Role of R&D in Improving Civilian Air Africa, to mark up the following: H. Con. Res. 99, ex- Traffic Management, 2:30 p.m., 2318 Rayburn. pressing concern over recent events in the Republic of Si- Committee on Ways and Means, Subcommittee on Social erra Leone in the wake of the recent military coup d’etat Security, to continue hearings on The Future of Social Se- of that country’s first democratically elected President; curity for this Generation and the Next, 10 a.m., B–318 and a resolution urging a restoration of peace in Congo- Rayburn. Brazzaville, 1 p.m., 2200 Rayburn. Permanent Select Committee on Intelligence, executive, brief- ing on NATO Enlargement, 2 p.m., H–405 Capitol. D660 CONGRESSIONAL RECORD — DAILY DIGEST June 23, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, June 24 9 a.m., Tuesday, June 24

Senate Chamber House Chamber Program for Tuesday: Senate will continue consider- Program for Tuesday: Consideration of 1 Corrections ation of S. 947, Budget Reconciliation. Day measure, H.R. 1316, Federal Beneficiary Clarifica- (Senate will recess from 12:30 p.m. until 2:15 p.m. for re- tion Act; spective party conferences.) Consideration of H.J. Res. 79, disapprove Most-Fa- vored-Nation treatment to products of the People’s Re- public of China (considered under unanimous consent, 31⁄2 hours of general debate); and Complete consideration of H.R. 1119, Defense Author- ization Act for FY 1998 and 1999 (structured rule).

Extensions of Remarks, as inserted in this issue

HOUSE Kelly, Sue W., N.Y., E1292, E1298 Radanovich, George P., Calif., E1292 Klink, Ron, Pa., E1297 Rahall, Nick J., II, W. Va., E1298 Ballenger, Cass, N.C., E1292 Knollenberg, Joe, Mich., E1291 Schaffer, Bob, Colo., E1297 Capps, Walter H., Calif., E1298 McHugh, John M., N.Y., E1293 Smith, Linda, Wash., E1294 Danner, Pat, Mo., E1291 Meehan, Martin T., Mass., E1298 Torres, Esteban Edward, Calif., E1291, E1292 Davis, Jim, Fla., E1300 Pitts, Joseph R., Pa., E1295 Wicker, Roger F., Miss., E1293 Ewing, Thomas W., Ill., E1291 Pomeroy, Earl, N.D., E1300, E1301 Gingrich, Newt, Ga., E1296, E1300 Poshard, Glenn, Ill., E1291

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