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, THURSDAY, SEPTEMBER 4, 1997 No. 115 House of Representatives The House met at 10 a.m. and was last day’s proceedings and announces volved with the students as friend and called to order by the Speaker pro tem- to the House his approval thereof. as counselor. He is not only a spiritual pore [Mr. ROGAN]. Pursuant to clause 1, rule I, the Jour- leader in our region, he is also a popu- f nal stands approved. lar community leader. Mr. MILLER of California. Mr. Rabbi Guthman has a long and dis- DESIGNATION OF THE SPEAKER Speaker, pursuant to clause 1, rule I, I tinguished record of service. At present PRO TEMPORE demand a vote on agreeing to the he is serving as the president of the The SPEAKER pro tempore laid be- Speaker’s approval of the Journal. Interfaith Clergy Association of Long fore the House the following commu- The SPEAKER pro tempore. The Beach, as well as chaplain of the Long nication from the Speaker: question is on the Chair’s approval of Beach Police Department and chaplain WASHINGTON, DC, the Journal. of the Veterans’ Administration Medi- September 4, 1997. The question was taken; and the cal Center. He has served on the Long I hereby designate the Honorable JAMES E. Speaker pro tempore announced that Beach Civil Service Commission by ap- ROGAN to act as Speaker pro tempore on this the ayes appeared to have it. pointment of the mayor. day. Mr. MILLER of California. Mr. Rabbi Guthman is the respected con- NEWT GINGRICH, Speaker, I object to the vote on the science of our community. During any Speaker of the House of Representatives. ground that a quorum is not present time of unrest or confusion, he is there f and make the point of order that a writing articles for the newspapers, or- PRAYER quorum is not present. ganizing forums for airing differences, The SPEAKER pro tempore. Pursu- and generally bringing people together. Rabbi Sidney S. Guthman, Congrega- ant to clause 5, rule I, further proceed- This year Dr. Guthman celebrates tion Sholom, Long Beach, CA, offered ings on this question will be postponed. the 60th year of his ordination from the the following prayer: The point of no quorum is considered Jewish Theological Seminary of Amer- Almighty God, Author of Liberty, to withdrawn. ica. It is an honor to have Rabbi Thee we pray: Let there be for bigotry f Guthman serve as guest chaplain in the no sanction, for intolerance no assist- House of Representatives on this day. I ance. For Thy bountiful blessings upon PLEDGE OF ALLEGIANCE thank Rabbi Guthman for his moving this land, we are, indeed, grateful be- The SPEAKER pro tempore. Will the prayer. yond words. gentleman from Mississippi [Mr. f We now humbly implore Thee to con- THOMPSON] come forward and lead the tinue to favor us with Thy divine guid- House in the Pledge of Allegiance. ANNOUNCEMENT BY THE SPEAKER ance. Inspire our legislators to reaffirm Mr. THOMPSON led the Pledge of Al- PRO TEMPORE the principles of the Founding Fathers, legiance as follows: and to embody them in wise laws. The SPEAKER pro tempore. The I pledge allegiance to the Flag of the We beseech Thee, O Merciful Father, Chair announces that he will entertain United States of America, and to the Repub- fifteen 1-minute speeches on each side. to bless our country. May it ever be lic for which it stands, one nation under God, strong but just, firm but wise, a shin- indivisible, with liberty and justice for all. f ing example for all mankind to emu- f late. Long may our land be bright with IN MEMORY OF FORMER MIS- freedom’s holy light. WELCOME TO RABBI SIDNEY S. SISSIPPI REPRESENTATIVE May all nations become aware of GUTHMAN FRANK SMITH their common unity and all the peoples (Mr. HORN asked and was given per- (Mr. WICKER asked and was given of the world be united in the bonds of mission to address the House for 1 permission to address the House for 1 brotherhood and peace before Thee, the minute and to revise and extend his re- minute and to revise and extend his re- Father of all. May this be Thy will. marks.) marks.) And let us say amen. Mr. HORN. Mr. Speaker, I have Mr. WICKER. Mr. Speaker, my col- f known our guest chaplain today, Rabbi league from the Second District of Mis- Sidney Guthman, since moving to Long sissippi and I have the sad duty this THE JOURNAL Beach in 1970. During the time I was morning to report the death of one of The SPEAKER pro tempore. The president of California State Univer- our former House Members from Mis- Chair has examined the Journal of the sity, Long Beach, he was deeply in- sissippi, Frank Ellis Smith, who served

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.

H6801 H6802 CONGRESSIONAL RECORD — HOUSE September 4, 1997 capably for 6 terms in the House of Mr. FOLEY. Mr. Speaker, on July 30, Mr. JONES. Mr. Speaker, I rise today Representatives and died on August 2 the world was shocked to learn that to talk about America’s future, her in Jackson, MS, at the age of 79. bombings carried out by two Arab sui- children. As an American and as a par- After fighting in the European Thea- cide bombers in Jerusalem had killed ent, I know that nothing is more im- ter during World War II, Frank Smith 13 Israelis. Now this morning we are portant than our children. One of our returned to his hometown of Green- again horrified to learn that yet an- children’s most critical resources, how- wood to become managing editor of the other terrorist attack in an outdoor ever, is failing the children. Greenwood Morning Star. Two years mall in Jerusalem has claimed the The educational system in America later in 1947 he was elected to the Mis- lives of at least 5 people and injured is in disarray. Test scores are low, dis- sissippi Senate, and shortly afterward hundreds more. satisfaction is high, and some children he came to Washington to serve on the Since 1993, terrorism instigated by cannot even go to school without fear- staff of Senator John C. Stennis. the Palestinian Authority has resulted ing for their lives. It is time to get our He was elected to Congress in 1950 in the deaths of over 230 Israelis and schools back on track. The way to do and served until 1962. During that time United States citizens. When does it this is not to continue to pour Federal he was a leader in efforts to bring eco- stop? money into failing programs but to nomic development to the South, serv- Palestinian leader Yasser Arafat has give control back to the people who ing as president of the Lower Mis- continually fanned the flames of vio- know what is best for our children: The sissippi Valley Flood Control Associa- lence through inflammatory rhetoric parents, the teachers and the commu- tion. From 1955 to 1962, he was a mem- and tacit approval of terrorism. Con- nity. In these capable hands, America’s ber of the North American Treaty Or- gress must make it clear to the Pal- children can again receive the edu- ganization Parliamentary Committee. estinian Authority that violence must cation they need and they deserve. In retirement, Representative Smith end. f served as a visiting professor of public Before Congress adjourned for the policy at Virginia Polytechnic Insti- August recess, we took a step in the TIME TO CLOSE THE SCHOOL OF tute and State University and was right direction by adopting an amend- THE AMERICAS later special assistant to Mississippi ment to the Foreign Operations appro- (Mr. KENNEDY of Massachusetts Governor William Winter from 1980 to priations bill that will suspend $100 asked and was given permission to ad- 1983. He was the only Mississippian million in aid to the Palestinian Au- dress the House for 1 minute and to re- ever to serve on the board of the Ten- thority until the President can certify vise and extend his remarks.) nessee Valley Authority. Mr. KENNEDY of Massachusetts. Mr. Representative Smith was the author that the Palestinian Authority is meeting certain human rights condi- Speaker, in the next couple of hours, of six books and edited other publica- this House will have the opportunity of tions. He operated a well-known book- tions and fully implementing the Oslo closing down the School of the Ameri- store in Jackson for many years. He is peace accords. cas. This is one of the worst vestiges of survived by his wife Helen, a son, a Besides failing to suppress terrorism, this country’s foreign policies over the daughter, and 3 grandchildren. the Palestinian Authority has failed to Mr. Speaker, during his exemplary fulfill security agreements mandated course of the last couple of decades. career Frank Smith made his mark on by the Oslo accords by refusing to con- While the cold war has ended, the asso- the Mississippi political scene as a leg- fiscate all illegal arms and refused re- ciation of this country in hundreds of islator who took care of his constitu- peated Israeli requests to extradite villages throughout Latin America, in ents, voted his convictions, and worked known Palestinian terrorists. We must thousands of families where human to improve economic opportunities for strongly condemn today’s action and rights abuses have taken place time his State and Nation. work for peace in the Middle East. and time and time again, those who perpetrated those human rights abuses f f have one thing in common. They were PASSING OF FRANK ELLIS SMITH EDUCATION STANDARDS graduates of the School of the Ameri- (Mr. THOMPSON asked and was (Mr. PALLONE asked and was given cas. given permission to address the House permission to address the House for 1 This is a school that is funded by for 1 minute.) minute.) U.S. taxpayers. It has trained the Latin Mr. THOMPSON. Mr. Speaker, it is Mr. PALLONE. Mr. Speaker, stu- American militaries how to come to with a heavy heart that I rise today. dents all over the country are going this country and learn to kill, torture, During the break, Frank Ellis Smith, back to school this week. During the and maim more efficiently. It is a one of my constituents, passed away. A budget debate this summer, Democrats school that should never have been as- former Member of this body, Frank in Congress pushed an education agen- sociated with U.S. taxpayer funds. It is Ellis Smith dedicated his life to eco- da over the opposition of Republicans a school whose time has not only come nomic development in my home State, that provided significant help to col- and gone, but whose time should never the hospitality State, Mississippi. lege students to help finance their edu- have been associated with this country. Frank Smith fought valiantly in cation. This included expanded Pell It is time, I believe, for us to close World War II, earning the Bronze Star grants, education tax credits and de- down the School of the Americas. I ask for his heroic service record. His work ductions, including the $1,500 HOPE Members on both sides of the aisle, with NATO has made the world a safer scholarship. save the taxpayers money. Close the place and his efforts as an educator During this fall, Democrats will focus School of the Americas. have filled the minds of young Ameri- on raising education standards across f cans with the knowledge necessary to the country and on the need to rebuild EDUCATION SAVINGS ACCOUNTS realize full, rewarding lives. Mr. Smith crumbling and overcrowded schools. was a great Mississippian and a loyal, Republicans have already vowed to (Mr. HUTCHINSON asked and was dedicated American. He has left behind fight the President’s plan to raise edu- given permission to address the House a legacy of achievements that have cation standards, but Democrats un- for 1 minute and to revise and extend brought honor to every person proud derstand that the Federal Government his remarks.) enough to call themselves a Mississip- can help students master the basics of Mr. HUTCHINSON. Mr. Speaker, all pian. reading and math. Raising education of our efforts to improve education for f standards should be a national goal. America’s children are aimed at, in the f words of Gen. Colin Powell, allowing TERRORIST BOMBINGS IN all the children in our country to share JERUSALEM EDUCATIONAL SYSTEM IN in the American dream. A good edu- (Mr. FOLEY asked and was given per- DISARRAY cation is not necessary to obtain the mission to address the House for 1 (Mr. JONES asked and was given per- American dream, but it is certainly minute and to revise and extend his re- mission to address the House for 1 your best bet on the road to achieving marks.) minute.) it. September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6803 Colin Powell has been going around caring and compassionate leader, she broadcasts and arresting and trying so- the country talking about the fact that shook hands with AIDS patients when called war criminals. Current policy is there are still Americans who are not many were still afraid to touch them. only leading to an escalation of the sharing in that dream and ability to Princess Diana never considered her- conflict. Ethnic hatred and border succeed in life. One reason they are not self a celebrity; instead she thought of fights have been going on in this region is because too many children live in herself as a humanitarian, raising mil- for centuries. neighborhoods with bad schools and lions of dollars for charities both here Mr. Speaker, the United States will their parents lack the resources to in America and around the world as not solve these problems. It is impos- send their children to a private school well. sible for us to do so. We are already or to a good public school, a better one Most recently, she displayed passion being blamed by the Bosnians as our in their neighborhood. One way we can for victims of land mines. In this area, troops are being attacked with stones help those parents who care deeply she worked tirelessly to change the for- and homemade weapons. Congress must about the education of their children is eign policies of all nations to ban the bear some of the responsibility for the to pass legislation called A-plus Ac- use of military land mines. coming policy disaster. The President counts. These are education savings ac- Mr. Speaker, it is most appropriate cannot act without funds, funds which counts that will make it a little easier that Congress honor the life of Princess only Congress can appropriate. Our ef- for parents who want their children to Diana today in a resolution praising forts in Bosnia have nothing to do with share in the American dream. A-plus her numerous achievements and con- national security. We have a respon- accounts will help those who want to tributions to the world. sibility to our troops and our current get ahead by making it easier for par- f policy exposes them to unwarranted ents to save money for their children’s THE TIME HAS COME FOR THE RE- danger. education, and I think this is impor- PUBLICAN LEADERSHIP TO PUT Congress must defund the Bosnian tant. CAMPAIGN FINANCE REFORM ON conflict. The sooner we get out of f OUR AGENDA Bosnia, the better. f b 1015 (Mr. MILLER of California asked and was given permission to address the ANNOUNCEMENT OF INTENTION TO PASS H.R. 367 AND PUT SOME CON- House for 1 minute and to revise and USE EXTRAORDINARY TACTICS TROLS ON THE INTERNAL REVE- extend his remarks.) TO ASSURE DEBATE ON CAM- NUE SERVICE Mr. MILLER of California. Mr. PAIGN FINANCE REFORM THIS (Mr. TRAFICANT asked and was Speaker, the cancer of soft money that MONTH given permission to address the House is growing on our political system con- tinues, and the cancer of soft money (Mr. DOGGETT asked and was given for 1 minute and to revise and extend permission to address the House for 1 his remarks.) that is corrupting and ruining our abil- ity to govern this Nation is continuing. minute.) Mr. TRAFICANT. Mr. Speaker, the Mr. DOGGETT. Mr. Speaker, this IRS says, ‘‘Members are picking on Yesterday, the Los Angeles Times pointed out that there has been a 250- month provides us the last hope to ac- us.’’ Poor, poor IRS; do I hear violins? complish any meaningful change in the How about a pity party? Let us tell it percent increase in soft money con- tributions to the Congress in the first way that the 1998 congressional elec- like it is: tions are conducted. When an $80,000 disagreement turns half of this year. They point out in the 1996 election that $260 million was col- Now Speaker GINGRICH has made into $330,000 in penalties and fines in 3 clear that he opposes any meaningful short years, when taxpayers commit lected in soft money contributions, contributions that go around the limits change in the way Federal elections op- suicide, when taxpayers are told to erate. Indeed, the only change that the their face that they just died, when that are placed on Federal elections, and that is three times the amount Gingrich Republicans seem to favor is taxpayers, in fact, are targeted for au- to have not less but more campaign dits because they politically oppose the that was spent in 1992. Just recently, the American public spending, more campaign ads, and IRS, we are not picking on the IRS, we witnessed large soft money donors to more campaign fund-raising. Speaker are telling the truth. the parties in this Congress, being re- GINGRICH has set forth a narrow-mind- Mr. Speaker, the further truth is, warded with tax breaks in the tax bill, ed agenda for this month that excludes when the IRS makes Vito Corleone tax loopholes, and tax preferences that even the opportunity to debate the look like a Boy Scout, something is no one else could achieve but those many proposals that have been ad- very wrong. who gave hundreds of thousands of dol- vanced by both Republicans and Demo- Shame IRS, shame. They should hide lars in soft money. crats to change campaign financing. their two faces. It is time for the Con- The time has come for the Congress I believe we need a strong ban on soft gress, like the people, to be taxed off, to ban soft money. The time has come money, but whatever the approach that and pass H.R. 367 and put some controls for the Republican leadership to put is taken, we need a debate this month, on the executive branch and the Inter- campaign finance reform on the agenda and we are here today to say specifi- nal Rectum Service. of this House so the people can go back cally to Speaker GINGRICH and the Re- f to having their voices heard and not publican leadership, Whether you schedule a debate on campaign reform THE TRAGIC DEATH OF THE those of the special interests who are this month or not, we are going to have PRINCESS OF WALES giving soft money contributions. f one. We will have vote after vote; we (Mr. GIBBONS asked and was given will engage in extraordinary tactics to permission to address the House for 1 THE SOONER WE GET OUT OF assure debate on real reform because of minute and to revise and extend his re- BOSNIA, THE BETTER your extraordinary refusal to permit marks.) (Mr. PAUL asked and was given per- that reform. Mr. GIBBONS. Mr. Speaker, I rise mission to address the House for 1 f today to join my colleagues in rec- minute.) ognizing the tragic death of the Prin- Mr. PAUL. Mr. Speaker, NATO has ATTITUDES AND THE VALUE cess of Wales. Princess Diana in her announced it will now use lethal force PLACED ON EDUCATION ARE very short life won the hearts of mil- in Bosnia. NATO, of course, means the WHAT MATTER MOST lions of Americans from all walks of United States, both our dollars and our (Mrs. KELLY asked and was given life. troops. Little concern is shown here in permission to address the House for 1 As a mother, she took her children Congress as we appropriate billions of minute.) outside of the palace gates, outside of dollars more for Bosnia with no end in Mrs. KELLY. Mr. Speaker, in Life the wealth of the monarchy, to visit sight. magazine this week there is a fascinat- homeless shelters so they could better Policing this area is an impossible ing article about Oprah Winfrey and understand life in the real world. As a task as NATO interferes with TV the influence books have had on her H6804 CONGRESSIONAL RECORD — HOUSE September 4, 1997 life. To my mind, the article reveals When I traveled last month with sev- continue to fight to improve our more about education and whether a eral of my colleagues to Israel, we met schools and to give every kid in this child grows up wanting to read books with Prime Minister Netanyahu and Nation a shot at the American dream. than all the useless conferences on edu- PLO Chairman Arafat. In our meeting f cation that go on in this town. Oprah with Mr. Arafat, we questioned him about the Palestinians’ authority, fail- relates an incident that happened to DEMOCRATS AND REPUBLICANS ure to crack down on terrorists, and her as a child that made quite an im- NEED TO WORK TOGETHER ON their continuing incitements and en- pression on her. Although she is an EDUCATION avid reader today, her mother was not, couragement of violence against Israe- and she recalls: lis. He claimed to be doing all that he (Mr. SMITH of Michigan asked and I remember being back in the hallway could to prevent terrorism. was given permission to address the when I was about 9, and my mother threw But this assertion rings hollow when House for 1 minute.) the door open and grabbed a book out of my we contrast the Palestinian Mr. SMITH of Michigan. Mr. Speak- hand and said, ‘‘You’re nothing but a some- Authority’s actions or the lack of them er, do not make education a partisan thing, something worm. Get your butt out- with the chairman’s words. The Pal- issue. We have now proven that Repub- side. You think you’re better than the other estinian Authority is obligated to co- licans and Democrats can work to- kids.’’ operate with Israeli security services gether when we are doing something Mr. Speaker, this kind of attitude but it refuses to extradite known ter- the American people want. We have has harmed the education and future rorists, and officials of the Palestinian ended up with a balanced budget, the prospects of many children in America. police are themselves implicated in first time in 31 years. We have ended up They are not told that books and an terrorism. It has agreed to refrain from with tax cuts, the first time in 16 education are the ticket to future suc- inciting violence and try to prevent years. We have been able to work to- cess. others from doing so, and yet key Pal- gether as Democrats and Republicans During all the talk about education estinian officials unleash violent as- because we were doing something the reform, let us remember that attitudes saults against Israelis, Jews, and people want. Now we need to work to- and values placed on education are Americans. gether in education. what matters most. Loving parents and And Arafat himself has praised ter- My wife was a teacher. My daughter, teachers who teach the importance of rorists as martyrs. This leads me to Juliana, is a teacher in Grand Rapids, learning matter, plain and simple. question what his words are actually MI. My daughter-in-law, Diane, is a f worth. Israelis want peace. They want teacher. We need to get back to some of the old-fashioned dedication where SAFE SCHOOLS FOR OUR CHIL- it so their children can be safer from parents are interested in what their DREN—A COMMITMENT WORTH constant threat of terrorist violence. kids are doing in school, and spend FIGHTING FOR Mr. Speaker, we must tell Mr. Arafat that unless he can keep his word and time with their kids as well as attend- ´ (Ms. VELAZQUEZ asked and was carry out his agreements he has al- ing school meetings. We need a re- given permission to address the House ready made, he cannot expect people to newed respect for teachers in their for 1 minute.) take him seriously as a partner in fur- schoolrooms. ´ Ms. VELAZQUEZ. Mr. Speaker, this ther negotiations. Look, when great people are inter- month our Nation’s children will re- f viewed and they are asked what was turn to school, but for many of these the greatest effect on their lives, they children a schoolroom is not a place to IMPROVE OUR SCHOOLS AND GIVE say, my parents, teachers that helped learn but a place to survive. Like our EVERY KID IN THE NATION A me and inspired me. roads and bridges, our Nation’s schools SHOT AT THE AMERICAN DREAM We need to get rid of 30 years of lib- are crumbling. (Ms. DELAURO asked and was given eralism in the classroom. Republicans In my district in New York, children permission to address the House for 1 and Democrats need to work together, are trying to learn in conditions that minute and to revise and extend her re- not to have the Federal Government we should be ashamed of, crumbling marks.) manage education, but to develop an walls, leaking roofs, and overcrowding. Ms. DELAURO. Mr. Speaker, it is our environment that encourages parents How can a child be expected to learn to responsibility as Members of this body to be more involved in the decisions read and write when the walls are lit- to help ensure that every child in this that affect their children’s educational erally falling down around them? great Nation has a shot at the Amer- lives. Earlier this year the Republicans ican dream. Education has always been killed our plan to provide $10 billion to a critical part of that dream because it f help rebuild our schools. The Repub- is education that opens the doors to op- licans seem to think that it is OK for portunity in our society. It is our re- GET OFF THE TEST ISSUE AND children to study in trailers and clos- sponsibility to make sure that every BACK TO EDUCATION ets. American child is taught to read, to (Mr. GREEN asked and was given Democrats are committed to making write, to compute, and taught all the permission to address the House for 1 sure that every child in this country other skills necessary for them to com- minute and to revise and extend his re- has a modern, safe school in which to pete in a global and in a modern econ- marks.) learn. This is a commitment we have omy. Mr. GREEN. Mr. Speaker, I would made to our children, and it is a com- We need to make sure that the kids like to congratulate my colleague from mitment worth fighting for. in Portland, ME are held to the same Michigan, and I agree education should f high standards as the kids in Portland, not be a partisan issue. In fact, the bi- OR, and that a high school diploma partisan budget agreement, the edu- PLO CHAIRMAN ARAFAT MUST earned in Albany, NY means as much cation tax cuts to help parents prepare KEEP HIS WORD AND CARRY as the diploma that is earned in Al- to send their kids to college, increased OUT AGREEMENTS bany, GA. Pell grants, HOPE scholarships, put (Mr. SNOWBARGER asked and was Republicans have vowed to defeat our money where our values are. That given permission to address the House Democratic initiatives and to reform was bipartisan although it was not part for 1 minute and to revise and extend our schools and to ensure that all of of the original budget package until his remarks.) America’s children receive a quality Democrats talked about it. But now he Mr. SNOWBARGER. Mr. Speaker, education and that, in fact, we have is right; we need to focus our attention again this morning the world is horri- high standards that are adhered to in on kindergarten through the 12th fied by terrorist violence in Israel. this country. My Republican colleagues grade, public education. Once again, terrorist bombers have even want to get rid of the Department Voluntary national standards should murdered civilians at a Jerusalem mar- of Education. However, Democrats are be adopted by the States. Many States ketplace. united in this effort. We are going to are already doing it. Texas has already September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6805 done this. Education is a national con- cessfully passing a balanced budget AMERICANS DESERVE A VOTE ON cern, but a State and local responsibil- deal, we have a major piece of business SOFT MONEY ity. But Congress needs to help. Con- that we need to finish, campaign fi- (Mr. TIERNEY asked and was given gress needs to provide assistance to nance reform. Yet when the Republican permission to address the House for 1 those parents and those teachers and leadership was asked what was on the minute and to revise and extend his re- those principals and those people who agenda for the rest of this year, cam- marks.) are working every day to provide that paign finance reform was nowhere in Mr. TIERNEY. Mr. Speaker, I join quality education. sight. my colleagues today in rising and ask- The Republican majority was con- So far this Congress, the Speaker has ing for a vote on campaign finance re- vinced last month, or in July, that col- delayed over and over, refusing to form. I understand the desire of many lege education was helped. Now the bring up campaign finance reform, re- Members of this House to go home and American people need to convince this fusing to schedule a vote in the first talk about the things that have been Congress we need to work on public 100 days, refusing to schedule a vote accomplished to date, and no doubt education, kindergarten through 12th and accepting the President’s chal- there is much that has been accom- grade. lenge by July 4. Now he wants to end plished. We talk about national tests today, this year without dealing with cam- But we have unfinished business, Mr. but we are not talking about really paign finance reform. Speaker. Education obviously is one quality education. Let us get off the Well, many of us feel it is not too piece of that business, but when we do test issue and get back on just talking late. In fact, the only way to affect the it, we need to speak with a credible about education. 1998 elections and change the campaign voice. We are not going to speak with f finance system is to pass campaign fi- a credible voice unless the American nance reform now. b 1030 people really believe that the people We have proposed ending soft money, here are voting on their interests, the THE 125TH ANNIVERSARY OF abolishing soft money. Surely all of us interests of the American people, and ROCKMART, GA can agree with all of the political hear- not on special interests. We can do that ings that have been held in Washington (Mr. BARR of Georgia asked and was if we address campaign finance reform. that there is a need to end soft money. given permission to address the House We should talk about it in the most This is a simple thing to do. for 1 minute and to revise and extend comprehensive terms, but we should at The only way we can affect the 1998 his remarks.) the very least talk about doing away elections is to end soft money, and we Mr. BARR of Georgia. Mr. Speaker, I with soft money. are going to begin that battle this rise today to congratulate the city of No matter what party may have had week. Rockmart, GA, which I am proud to grievances in the past, no matter what represent, on its 125th anniversary, f individuals may be called into ques- which it celebrated just last week on tion, the only way that this body gets August 26, 1997. SPEND EDUCATION DOLLARS IN any bit of comprehensive faith and Rockmart has a distinguished his- THE CLASSROOM trust from the American people is if we tory as the birthplace of social, eco- (Mr. COOK asked and was given per- take on the issue, we debate it, we de- nomic, and religious trends that have mission to address the House for 1 liberate, and we vote on campaign fi- spread across northwest Georgia. Sam minute and to revise and extend his re- nance reform before we go home this Jones, the internationally known 19th marks.) session. It is the American people’s century Baptist evangelist, lived in Mr. COOK. Mr. Speaker, I would just business; it is our business to see to it. Rockmart. The last survivor of the like to quickly go on record before I f Revolutionary War in the South, talk for a minute about education to Micajah Brooks, was buried in say AL GORE has some interesting FIRST SURPLUS IN 30 YEARS Rockmart following his death in 1863 at things in the news today in respect to ANTICIPATED the age of 1011⁄2 years. what my Democratic colleague just in- (Mr. NEUMANN asked and was given Rockmart is renowned for the slate dicated on campaign finance reform. permission to address the House for 1 and bricks it has exported across the Mr. Speaker, I rise in strong support minute and to revise and extend his re- world. Rockmart bricks can be seen on of the concept that no one knows more marks.) the bricks of London, England, and about the educational needs of a child Mr. NEUMANN. Mr. Speaker, I too even occasionally wash up on the than his parents and his teacher. No would like to encourage my Democrat shores of Florida. one knows more about the educational colleagues who are calling for cam- Rockmart’s rich traditions are con- needs of a community than local school paign finance reform to start with the tinued today by its citizens who have boards. Vice President and the hearings today, the privilege of living in one of the To most of us, this is just common and let’s make sure the laws on the most friendly and beautiful commu- sense. It is obvious. But it is appar- books today are being adhered to. nities in the entire country. The ently not obvious to those who for dec- I rise today with good news for this Rockmart of today combines the ades have poured hundreds of millions country. CBO put out new numbers charm of smalltown America with eco- of dollars into a Federal education bu- yesterday, and it is more likely than nomic opportunities with an envied reaucracy that has done little, if any- ever that next year, 4 years ahead of quality of life that continues to grow thing, to improve education in the schedule, for the first time since 1969 on a daily basis. It is a fortunate per- classroom. we will have a balanced budget. For son indeed who can claim Rockmart, It is time to turn that around. It is first time since 1969, it is going to force GA, as their home, and it is a fortunate time to focus our attention on what Washington to deal with something Member of Congress who has the honor goes on in the classroom and the com- they haven’t dealt with in 30 years, and of representing such a beautiful, all- munity and not what goes on in Wash- that is a surplus. For first time since American community in the U.S. ington, DC. 1969, next year we start looking at a House of Representatives. I support the initiatives in Congress budget surplus. f that give parents, teachers, and school We need to remember, however, that boards a stronger voice in the edu- even after we reach a balanced budget, SOFT MONEY MUST BE BANNED cation of our children. Initiatives like we still have a $5.4 trillion debt. In (Mr. MEEHAN asked and was given the Dollars for the Classroom resolu- order to address this issue, we have in- permission to address the House for 1 tion, which puts children first by call- troduced the National Debt Repayment minute and to revise and extend his re- ing for 90 percent of Federal education Act. It would require that one-third of marks.) dollars to be spent in the classroom the surplus be used to reduce taxes fur- Mr. MEEHAN. Mr. Speaker, as Con- and not on the perpetuation of a Fed- ther, and two-thirds go to pay down the gress reconvenes this week after suc- eral bureaucracy. Federal debt; and in paying down the H6806 CONGRESSIONAL RECORD — HOUSE September 4, 1997 Federal debt, we also put the money IMPROVING EDUCATION The school has undergone a series of back into the Social Security trust NATIONWIDE investigations and studies, and all con- fund that it has been taken from. (Mr. BOB SCHAFFER of Colorado firm that it has been a force for good in The National Debt Repayment Act asked and was given permission to ad- our hemisphere. would repay the entire Federal debt by dress the House for 1 minute and to re- I urge all of my colleagues to visit the year 2026, would restore the Social vise and extend his remarks.) the school, learn more about the job it Security trust fund, and guarantee ad- Mr. BOB SCHAFFER of Colorado. is doing, and not to rush to judgment ditional tax cuts each year as far as Mr. Speaker, tens of millions of chil- on the basis of false and unfounded ac- the eye can see. Good news for Amer- dren this week headed back to school. cusations made by people who may ica. Their parents were taking them to the have good intentions, but who have lit- tle regard for the facts. f front doors of the schools and sending them in with high hopes and high ex- Mr. Speaker, I urge our colleagues to TRIBUTE TO PRINCESS DIANA pectations. support the truth. Support the School Those hopes and expectations, unfor- of the Americas. (Mr. LEWIS of Georgia asked and was f given permission to address the House tunately, might be dashed if those par- for 1 minute and to revise and extend ents were able to see the numbers that POLITICAL ‘‘NEW MATH’’ we know about here in Washington: his remarks.) (Mr. KINGSTON asked and was given Mr. LEWIS of Georgia. Mr. Speaker, that since 1960 we have spent 200 per- cent more on government schooling, permission to address the House for 1 on behalf of the people of Atlanta and minute and to revise and extend his re- the Fifth District of Georgia, I rise to and SAT scores have dropped 70 points in that same time period. Our inter- marks.) pay tribute to a beautiful and gracious Mr. KINGSTON. Mr. Speaker, sum- woman, Princess Diana. With beauty, national comparisons suffer when we line our math and science scores up mer is over, schools are open, the kids dignity, and grace, she saw suffering, are back, reading, writing and arith- she saw pain, and she did something against our international competitors. Sadly, people in some quarters still metic. about it. There are a lot of ideas kicking Leading a crusade of love and com- look to Washington to try to fix this problem. around about how best to teach to our passion, Princess Diana put a face on children. One creative, yet controver- people suffering from AIDS. She com- Well, I am here to tell you about some exciting things that have taken sial, idea in Houston asked math prob- forted the sick and the poor. As she lems using street examples about drug helped war-ravaged children in Angola, place throughout the country. Tuesday morning I was on hand as we opened up dealers and guns and prostitution and she focused the world’s attention on murder and so forth. the devastation of landmines. As the the first charter school in northern Colorado. Three of my four children are Maybe that idea was a bad one, but public gazed on her, Princess Diana we could try some political questions. opened our eyes and our hearts. attending that school today. There are more charter schools in the State, hun- For example, if illegally using White Today, we mourn for her family, es- House phones, AL raises $30,000 a call pecially her two young sons, but we dreds more throughout the country. What concerned parents are realizing from Democrat fat cats, how long does also mourn for all of humankind, be- it take him to raise an illegal $120,000? cause the world has very few Dianas. is that the answers to fixing our schools are not to be found here in If AL reimbursed the taxpayers $24.20 We are more than lucky. As members for raising the $120,000, how much prof- of the human family, we are blessed to Washington by a large, centralized bu- reaucracy. They are to be found at it does he make? have known this beautiful person. If Bill rents the Lincoln Bedroom for Mr. Speaker, our hearts are heavy home where parents are treated like real customers, teachers are treated $100,000 a night, how many nights does from this tragic loss. The world is a he have to rent it to raise a million darker and colder place without the ra- like real professionals, and school choice allows an opportunity to im- dollars? diance of Princess Diana. If the Clinton appointees state under We will miss you. Rest in peace, prove the quality of public education nationwide. oath ‘‘I can’t recall’’ once a second, Sweet Princess. how long would it take them before we f f have heard it one trillion times? PRIDE IN THE SCHOOL OF THE You know, the Democrats are real VIOLENCE MUST END IN MIDDLE AMERICAS upset about campaign finance reform. It is about like asking Mike Tyson to EAST (Mr. BISHOP asked and was given lead a fair-fighting commission. (Mr. FOX of Pennsylvania asked and permission to address the House for 1 It is absurd, Mr. Speaker. Let us was given permission to address the minute and to revise and extend his re- start looking at the White House if we House for 1 minute and to revise and marks.) want to talk campaign finance reform. extend his remarks.) Mr. BISHOP. Mr. Speaker, for the f Mr. FOX of Pennsylvania. Mr. Speak- past 41⁄2 years, I have had the honor of er, today, I come to the well of the representing the area of southwest b 1045 House to urge my colleagues to support Georgia where the School of the Ameri- the Fox-Miller amendment to protect cas is located. IN CONDEMNATION OF TERRORIST the African elephant and support the I am proud of the school. All Ameri- BOMBING IN JERUSALEM CAMPFIRE Program. But as I came cans should be. It has provided profes- (Mr. NADLER asked and was given over here, I learned about the tragic sional training to thousands of mili- permission to address the House for 1 news in Israel. tary and civilian police personnel from minute and to revise and extend his re- As the United States is the world’s throughout Latin America, including marks.) leader for democracy, we have a re- extensive indoctrination in the prin- Mr. NADLER. Mr. Speaker, I rise sponsibility to speak up for Israel, the ciples of human rights and representa- today to condemn the brutal and cow- only democracy in the Middle East. tive democracy. ardly terrorist bombing in a shopping Hamas has taken the credit for the lat- For less than $4 million a year, the area crowded with women and children est bombing in Israel that killed inno- school promotes democracy, builds and tourists in Jerusalem this morn- cent victims. stronger relationships with our neigh- ing. At least 6 people have been killed Yasser Arafat has violated the Oslo bors, and combats narcotics traffick- and another 138 people wounded. accords and encouraged violence ing. Some handful of the school’s grad- The United States and the world against Israelis. The Congress and the uates have committed terrible crimes, must be clear and unwavering that President must work together now to but over 68,000 have been on the front murder will never bring peace, and that bring peace to the Middle East and to lines of the move toward democracy in as long as Mr. Arafat continues to em- end the violence. Latin America. brace terrorists, as he did only last September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6807 week, he cannot be a credible peace atrocious. It is a scandal how much Oberstar Slaughter Towns Owens Smith, Adam Waters partner. He cannot talk peace and give money is raised and spent in cam- Pallone Stabenow Wexler a green light to terrorism. paigns. It will soon be possible only for Payne Stark Woolsey The Secretary of State is planning to those who are very rich or those who Pelosi Torres Yates visit the Middle East. The United accept so much money that they can- NAYS—371 States can be a force for peace in the not have independent judgment to Abercrombie Dunn Knollenberg region, but not if we overlook these come into the House of Representa- Ackerman Edwards Kolbe acts of terrorism. Our Government tives. Aderholt Ehlers Kucinich must send a clear and unmistakable I sit on the Committee on Ways and Allen Ehrlich LaFalce Archer Emerson LaHood message to the PLO that they cannot Means. We passed a tax reform bill in Armey English Lampson continue along their current path and this House giving the tobacco industry Bachus Ensign Lantos expect this Nation to look the other a $50 billion tax break, at a time when Baesler Etheridge Largent Baker Evans Latham way. they are seeking a settlement in many Baldacci Everett LaTourette Most of all, we must stand with Is- States in this Union for health-related Ballenger Ewing Leach rael in support of her efforts to stop problems that have been caused by the Barcia Fattah Levin these vicious acts of terrorism. In sup- tobacco industry. Barr Fawell Lewis (CA) Barrett (NE) Foley Lewis (KY) porting a safe and secure Israel, we will Mr. Speaker, the only way we can Barrett (WI) Forbes Linder advance the cause of peace, for it is justify or we can explain a $50 billion Bartlett Ford Lipinski only when Israel’s neighbors know that tax break is on the basis of the con- Barton Fowler Livingston the United States stands unwaveringly Bass Fox LoBiondo tributions made to campaigns in this Bateman Frank (MA) Lofgren behind Israel’s right to security will House of Representatives. It is wrong Becerra Franks (NJ) Lucas they be willing to consider peaceful co- and it must be addressed. Bentsen Frelinghuysen Luther existence. Bereuter Furse Maloney (CT) f Berman Gallegly Manzullo It is the right of every nation to pro- Berry Ganske Markey vide security for its people. We exer- REMOVAL OF NAME OF MEMBER Bilbray Gekas Martinez cised that right in condemning Timo- AS COSPONSOR OF H.R. 695 Bilirakis Gibbons Mascara thy McVeigh, and we should support Is- Bishop Gilchrest Matsui Mr. THORNBERRY. Mr. Speaker, I Blagojevich Gillmor McCarthy (MO) rael’s efforts to do the same. ask unanimous consent to have my Bliley Gilman McCarthy (NY) f Blumenauer Goode McCrery name removed as a cosponsor of H.R. Blunt Goodlatte McDade WHO REALLY WANTS PEACE IN 695. Boehlert Goodling McGovern THE MIDDLE EAST? The SPEAKER pro tempore (Mr. Boehner Gordon McHale ROGAN). Is there objection to the re- Bonilla Goss McHugh (Mr. GILMAN asked and was given Borski Graham McInnis permission to address the House for 1 quest of the gentleman from Texas? Boucher Granger McIntosh There was no objection. Boyd Green McIntyre minute and to revise and extend his re- Brady Greenwood McKeon marks.) f Brown (CA) Gutierrez McKinney Mr. GILMAN. Mr. Speaker, I regret Brown (OH) Gutknecht Meehan to inform my colleagues of yet another MOTION TO ADJOURN Bryant Hall (OH) Meek Bunning Hall (TX) Menendez terrorist bombing in Jerusalem which Mr. MILLER of California. Mr. Burr Hamilton Metcalf has left six dead and scores wounded. Speaker, I offer a privileged motion. Burton Hansen Mica This latest atrocity against The SPEAKER pro tempore. The Buyer Harman Miller (FL) Clerk will report the privileged mo- Callahan Hastert Minge unsuspecting and innocent civilians is Calvert Hastings (WA) Moakley an especially serious challenge to the tion. Camp Hayworth Mollohan peace process. The militant wing of The Clerk read as follows: Campbell Hefley Moran (KS) Hamas took only moments to claim re- Mr. Miller of California moves that the Canady Herger Moran (VA) Cannon Hill Morella sponsibility for today’s atrocity, the House do now adjourn. Capps Hilleary Murtha very same Hamas whose leadership The SPEAKER pro tempore. The Cardin Hilliard Myrick Palestinian Chairman Arafat publicly question is on the motion to adjourn Carson Hinchey Nadler Castle Hinojosa Neal and warmly embraced this very week offered by the gentleman from Califor- Chabot Hobson Nethercutt that our House delegation was in Israel nia [Mr. MILLER]. Chambliss Hoekstra Neumann to assess the status of the peace proc- The question was taken; and the Chenoweth Holden Ney ess. Christensen Hooley Northup Speaker pro tempore announced that Clayton Horn Norwood Clearly there are reactionary forces the noes appeared to have it. Clement Hostettler Nussle seeking to destroy the peace process. Mr. MILLER of California. Mr. Clyburn Houghton Obey But, Mr. Speaker, the question we Speaker, I object to the vote on the Coble Hoyer Olver must now ask, what kind of signal did Coburn Hulshof Ortiz ground that a quorum is not present Collins Hunter Oxley Arafat send to the so-called extremists and make the point of order that a Combest Hutchinson Packard with his public embrace of Hamas? Was quorum is not present. Condit Hyde Pappas this yet another green light? Cook Inglis Parker The SPEAKER pro tempore. Evi- Cooksey Istook Pascrell Mr. Speaker, it is time to ask the im- dently a quorum is not present. Costello Jackson (IL) Pastor portant question, who really wants The Sergeant at Arms will notify ab- Cox Jackson-Lee Paul peace in the Middle East, and who is sent Members. Cramer (TX) Paxon merely paying lipservice to that goal? Crane Jenkins Pease The vote was taken by electronic de- Crapo John Peterson (MN) f vice, and there were—yeas 53, nays 371, Cubin Johnson (CT) Peterson (PA) not voting 9, as follows: Cummings Johnson (WI) Petri CAMPAIGN FINANCE REFORM Cunningham Johnson, E. B. Pickering [Roll No. 355] (Mr. MCDERMOTT asked and was Danner Johnson, Sam Pickett YEAS—53 Davis (VA) Jones Pitts given permission to address the House Deal Kanjorski Pombo Andrews Dingell Jefferson for 1 minute and to revise and extend Delahunt Kasich Pomeroy Bonior Doggett Kaptur DeLay Kelly Porter his remarks.) Boswell Eshoo Kennedy (RI) Dellums Kennedy (MA) Portman Brown (FL) Farr Kilpatrick Mr. MCDERMOTT. Mr. Speaker, this Diaz-Balart Kennelly Poshard Clay Fazio Lewis (GA) House has ignored a problem that the Dickey Kildee Price (NC) Conyers Filner Lowey Dicks Kim Pryce (OH) Speaker and the President shook hands Coyne Flake Maloney (NY) Dixon Kind (WI) Quinn on over 2 years ago, saying we were Davis (FL) Foglietta McDermott Dooley King (NY) Radanovich Davis (IL) Frost McNulty going to deal with the whole question Doolittle Kingston Rahall DeFazio Gejdenson Millender- of campaign finance. Doyle Kleczka Ramstad DeGette Gephardt McDonald Dreier Klink Rangel The amount of money that was spent DeLauro Hastings (FL) Miller (CA) Duncan Klug Redmond in the last campaign was absolutely Deutsch Hefner Mink H6808 CONGRESSIONAL RECORD — HOUSE September 4, 1997 Regula Sessions Tauzin b 1113 I know human rights problems have Reyes Shadegg Taylor (MS) Riggs Shaw Thomas IN THE COMMITTEE OF THE WHOLE existed in India in the past, but I know Riley Shays Thompson Accordingly the House resolved itself few countries of the world that have es- Rivers Sherman Thornberry into the Committee of the Whole House caped such problems. India has estab- Rodriguez Shimkus Thune lished a national human rights com- Roemer Shuster Thurman on the State of the Union for the fur- Rogan Sisisky Tiahrt ther consideration of the bill (H.R. mission, and police and other security Rogers Skaggs Tierney 2159) making appropriations for foreign force personnel have been successfully Rohrabacher Skeen Traficant prosecuted for human rights violations. Ros-Lehtinen Skelton Turner operations, export financing, and relat- Rothman Smith (MI) Upton ed programs for the fiscal year ending Local human rights groups monitor Roukema Smith (NJ) Velazquez September 30, 1998, and for other pur- progress in this area and regularly pub- Roybal-Allard Smith (OR) Vento lish their findings. Royce Smith (TX) Visclosky poses, with Mr. THORNBERRY in the Rush Smith, Linda Walsh chair. The United States is also encourag- Ryun Snowbarger Wamp The Clerk read the title of the bill. ing talks between India and Pakistan Sabo Snyder Watkins The SPEAKER pro tempore. When Salmon Solomon Watt (NC) to ease tensions between those two Sanchez Souder Watts (OK) the Committee of the Whole rose on countries. It is hard for the U.S. to be Sanders Spence Waxman Wednesday September 3, 1997, the bill an honest broker if we poke India in Sandlin Spratt Weldon (FL) had been read through page 94, line 3, the eye by adopting this pending Sanford Stearns Weller and pending was the amendment num- Sawyer Stenholm Weygand amendment. Saxton Stokes White bered 38 by the gentleman from Indiana Scarborough Strickland Whitfield [Mr. BURTON]. The House has spoken on this issue Schaefer, Dan Stump Wicker Pursuant to the order of the House of before, including the consideration of Schaffer, Bob Stupak Wise that day, no further amendment is in the 1997 foreign operations bill, when it Schumer Sununu Wolf defeated a similar amendment by a Scott Talent Wynn order except the pending amendment Sensenbrenner Tanner Young (AK) by the gentleman from Indiana [Mr. vote of 296 to 127. I urge the House to Serrano Tauscher Young (FL) BURTON]; amendment numbered 1 in do what it did last year and to reject NOT VOTING—9 House Report 105–184, and the amend- this amendment which would cut aid to Bono Lazio Schiff ment to that amendment, each under India. Engel Manton Taylor (NC) the terms of the order of the House of Mr. Chairman, I include for the Gonzalez McCollum Weldon (PA) Thursday, July 24, 1997; and the amend- RECORD a letter from the Indian Am- b 1110 ment numbered 40 by the gentleman bassador and ask that it be inserted at Mr. HEFLEY, Mr. KASICH, and Ms. from Indiana [Mr. BURTON]. this point: Is there further debate on the amend- EDDIE BERNICE JOHNSON of Texas AMBASSADOR OF INDIA, changed their vote from ‘‘yea’’ to ment numbered 38 by the gentleman Washington, DC, July 11, 1997. ‘‘nay.’’ from Indiana [Mr. BURTON]? Hon. SONNY CALLAHAN, Mr. GEPHARDT and Mr. YATES b 1115 U.S. House of Representatives, Rayburn House Office Building, Washington, DC. changed their vote from ‘‘nay’’ to Mr. CALLAHAN. Mr. Chairman, I DEAR CONGRESSMAN CALLAHAN: Almost a ‘‘yea.’’ rise in opposition to the amendment. So the motion to adjourn was re- year ago when I had just about started my To refresh the Members’ memory, assignment as Ambassador to this great jected. last night when we rose, we were debat- The result of the vote was announced country, I had occasion to write to you on an ing the Burton amendment which as above recorded. amendment moved by Congressman Dan Bur- would cut aid to India. ton on the Foreign Operations Bill. This f Mr. Chairman, every Member of the amendment was not approved by a vote of PERSONAL EXPLANATION House supports the establishment and 296 to 127. It now appears that the House would be moved to consider a similar amend- Mr. ENGEL. Mr. Speaker, I was necessarily maintenance of democratic govern- ments throughout the entire world. It ment to the Foreign Operations Bill for FY absent during rollcall vote 355. If present, I 1998. would have voted ``no'' on rollcall 355. is in our national interest and it is in the interest of the people of the world First, I would like to say that my year in f that stable democracies are nurtured Washington has been a most interesting and GENERAL LEAVE and supported. India is the world’s rewarding experience, the highlight of which has been the encouragement and support Mr. CALLAHAN. Mr. Speaker, I ask largest democracy. Outside of China, it that I have received from Members of Con- unanimous consent that all Members is home to the largest potential free gress, like yourself. We have witnessed dur- may have 5 legislative days within market in the entire world. ing this period a further upswing in Indo-US which to revise and extend their re- Why we would want to jeopardize our relations and in the growth of bilateral trade marks on the bill (H.R. 2159) making relations with India by passing an making US our largest trading partner as appropriations for foreign operations, amendment to cut aid to that country well as the foremost foreign investor in export financing and related programs by 25 percent is just beyond me. India India. for the fiscal year ending September 30, is not perfect. Neither is the United US trade with India which was a mere $500 1998, and for other purposes, and that I States; there is no question about that. million in 1991 is now around $9.5 billion. may include tabular and extraneous But it is also home to half of the poor Many US companies are considering further expansion of their operations in India. Enron materials. of the world. Fifty percent of its chil- dren are malnourished. Do we want to which had to cross many hurdles to com- The SPEAKER pro tempore (Mr. mence the $1.2 billion Dabhul power project ROGAN). Is there objection to the re- turn our backs on these problems? Of is so interested in the opportunities emerg- quest of the gentleman from Alabama? course, we do not. ing in the Indian market that it has plans to There was no objection. Among other things, our assistance invest an additional $10 billion over the next f program is targeted at economic re- decade. Many processed foods with American form and energy development. The tre- brand names have become very popular in FOREIGN OPERATIONS, EXPORT mendous potential for economic the Indian market. Automobiles of US design FINANCING, AND RELATED PRO- growth and trade with the United are increasing their presence on Indian GRAMS APPROPRIATIONS ACT, States is a key reason for our assist- roads. Banks and financial institutions too 1998 are taking advantage of recently created ance program and why it should be business opportunities. In the insurance sec- The SPEAKER pro tempore. Pursu- continued. tor also, the door has been opened for start- ant to the order of the House of Thurs- Now, the United States is India’s ing joint ventures in the field of health in- day, July 24, 1997, and rule XXIII, the largest trading partner. If political dis- surance. Chair declares the House in the Com- putes with China reduce our trade with The coalition of parties ruling at the Cen- mittee of the Whole House on the State that country, where can we turn for an tre have not only continued with economic of the Union for the further consider- equally large market in Asia? We can reforms but expanded it into many more ation of the bill, H.R. 2159. turn only to India. areas. Custom duties and other taxes have September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6809 been further liberalized to encourage foreign ample of which was the explosion caused in 25. Caltex. investment in infrastructure and other areas a train in Punjab which killed thirty-four ci- 26. Caraco Pharmaceuticals. of the economy. The US Administration has vilian passengers on July 8th with serious in- 27. Caterpillar, Incorporated. included India among the 10 most important juries to many more. This highlights the 28. Chase Manhattan Corp. emerging markets and this is borne out by need for not doing anything to encourage 29. Chevron Corp. the number of major US companies operat- front organizations created for the sole pur- 30. Chiquita Brands. ing in India. A list of these companies is en- pose of mobilizing support and funds for es- 31. Chrysler. closed. sentially terrorist outfits. 32. CIGNA. There is now in India much greater under- Since last year there have been general 33. Citicorp. standing and acceptance of the need for for- elections to the State Assemblies in Punjab 34. Coca-Cola Company. eign investment and technology collabora- with a voter turn-out of over 69% and which 35. Cogentrix Corp. tion for meeting the vast needs of India’s de- brought the Sikh-dominated party, the Akali 36. Colgate-Palmolive Co. veloping economy. All sections are agreed Dal to power in association with another 37. Compaq Computer Corp. that this is necessary to maintain and in- party, namely, the Bhartiya Janata Party. 38. ConAgra, Inc. crease the growth rate of around 7 percent There could not have been a clearer rejection 39. Continental Airlines, Inc. that we have been achieving in record years. of the separatist movement in the State of 40. Cooper Ind., Inc. While United States aid funds are rel- Punjab. 41. Corning Incorporated. atively much smaller than the inflow of cap- In Jammu & Kashmir too, general elec- 42. CPC Int. Incorporated. ital into business and industry, they do serve tions recorded a good voter turn-out of 43. Cummins Engine Co. the purpose of enabling very important pro- around 55% and resulted in Dr. Farooq 44. Dana Corporation. grammes to be implemented in backward Abdullah gaining majority not only in the 45. Del Monte. areas for the benefit of the disadvantaged in Kashmir valley, but also in the regions of 46. Dell Computers. the field of health, family welfare and edu- Jammu and Ladakh. This democratically- 47. Delta Air Lines, Inc. cation. These programmes involving inter- elected State Government has revitalized 48. Digital Equipment Corp. action of American experts and officials with the Government machinery despite the 49. Dow Chemical Corporation. NGOs and Indian volunteers is of great help strains created by terrorist gangs on the law 50. E.I. Du Pont de Nemours. in enhancing people to people understanding and order machinery with the help of agen- 51. Eastman Kodak Company. between the two countries. cies across the border. 52. Emerson Electric Co. In a month from now we would be celebrat- Initiatives taken by Prime Minister I K 53. Enron Corporation. ing the 50th anniversary of India’s independ- Gujral from the time he was the Minister for 54. Estee Lauder Co. Inc. ence and democracy. While we have achieved External Affairs have greatly helped in im- 55. Farmland Industries, Inc. much during this period by way of consolida- proving bilateral relations between India and 56. Federal Express. tion of the nation state, providing adequate its neighbors. As part of this policy, special 57. Fluor Corporation. food security for the people, and setting the steps have been taken to initiate discussions 58. Ford Motor Corporation. base for economic development, there are with Pakistan to tackle all outstanding is- 59. General Electric Company: GE Capital, still many challenges that we have to face sues. Agreement has been reached in the GE Power Systems, and GE Transportation and overcome for providing the desirable talks held so far to set up Working Groups Systems. level of living to large sections of our people. for seeking solution to specific problems in- 60. General Motors Corporation. At this time of review and introspection, we cluding the State of Jammu & Kashmir and 61. Gillette Company. are conscious of the benefits that we have terrorism. The House was good enough to ap- 62. Goodyear Tire & Rubber Co. 63. GTE Corporation. derived by way of bilateral cooperation with plaud these efforts. It is our hope that 64. Harris Corporation. the US in the important areas of agriculture, progress at these talks would help create a 65. Hasbro Incorporated. education, science and technology. At this better climate for tackling terrorist activ- 66. Hearst Corporation. time when we are looking for much greater ity. 67. Hercules, Inc. cooperation in these areas, it is unfortunate This letter has become much longer than I 68. Hewlett-Packard Company. that we might have to tackle something of a intended, but the subject being very impor- 69. Honeywell, Inc. negative nature in the House. tant and your consideration and support of 70. Hughes Network Systems. It was gratifying to see in the debate on great value to us, I had to put the relevant 71. IBM Corp. the House floor that took place in June last facts before you. I am confident that with 72. InaCom Corporation. year on a similar amendment, that several your goodwill and encouragement we shall Congressmen very ably put forth the follow- 73. Ingersoll-Rand Company. build upon the strong foundation that has 74. Intel Corporation. ing points: been paid in recent years in our bilateral re- (i) India has made a success of its democ- 75. International Equity Partners. lations. As always, I and my staff at the Em- 76. ITT Corporation. racy and established powerful instituions bassy are available to assist you in any way like an independent judiciary, a free press 77. J.P. Morgan & Co., Inc. possible. Please do not hesitate to contact 78. Johnson & Johnson. and vigorous political parties providing for me if you have any question. consultation and participation in Govern- 79. Johnson Controls Inc. Thanks for all your help. Best wishes. 80. Kellogg Company. ment in accordance with the rule of law. Yours sincerely, (ii) India, which like the US has a multi-re- 81. Levi Strauss. NARESH CHANDRA. ligious and multi-ethnic society, has re- 82. Eli Lilly. solved conflict situations in a lawful, demo- 83. Lockheed Martin Corp. AN ABRIDGED LIST OF UNITED STATES FIRMS cratic manner and taken concrete steps to 84. McDonald’s Corp. WITH INVESTMENT AND BUSINESS INTERESTS further improve the human rights situation, 85. McDonnell Douglas. IN INDIA including the setting up of an effective Na- 86. McGraw-Hill Co., Inc. tional Human Rights Commission. 1. Abbott Laboratories. 87. Merck & Co., Inc. (iii) Indo-US business and trade relations 2. Allied Signal Inc. 88. Merrill Lynch & Co., Inc. have improved considerably with the US 3. American Home Prod. Corp. 89. Microsoft Corporation. companies taking good advantage of the op- 4. American Express Co. 90. Minnesota Mining & Manufacturing. portunities emerging in the Indian market, 5. American International Group. 91. Mobil Corporation. as borne out by the large number of US com- 6. American President Lines, Ltd. 92. Monsanto Company. panies operating successfully in India. 7. Amoco Corporation. 93. Morgan Stanley Group. (iv) The situation in Punjab had been re- 8. AMP Incorporated. 94. Motorola Inc. solved and the situation in Jammu & Kash- 9. Apple Computer, Inc. 95. New Balance. mir has improved. 10. Asarco Incorporated. 96. Nordstrom, Incorporated. All the above points continue to be not 11. Asea Brown Boveri. 97. Northwest Airlines, Inc. only valid, but have acquired even greater 12. AT&T. 98. Novell. force. Investment approvals pertaining to US 13. Avery Dennison Corp. 99. NYNEX Corporation. companies are now of the order of $8.5 bil- 14. Bank America Corporation. 100. Occidental Petroleum Corp. lion. The opportunities existing for US com- 15. Bank of New York. 101. Oracle Corporation. panies in infrastructure sectors like telecom, 16. Bankers Trust NY Corp. 102. Owens-Corning Corp. roads, ports and power have a potential for 17. Bausch & Lomb. 103. Parker Hannifin Corp. fruitful investment of over $20 billion per 18. Bechtel Power Corp. 104. Pepsico Inc. year. 19. Beckton Dickinson. 105. Pfizer Incorporated. The US Administration has knowledged 20. Black & Decker Corp. 106. Phelps Dodge Corp. the improved situation with regard to 21. Black & Veatch International. 107. Phillip Morris Companies Inc. human rights and also cited the problems 22. Boeing. 108. Phillips Petroleum Co. created by the trans-border support for ter- 23. Britco Foods. 109. PPG Industries, Inc. rorist activities in India; the most recent ex- 24. Brunswick Corporation. 110. Proctor & Gamble Co. H6810 CONGRESSIONAL RECORD — HOUSE September 4, 1997 111. Raytheon Company. years ago, we have now seen the take- tween the two countries. Both the 112. Rockwell International Corp. over of democracy where it is thriving chairman and the gentleman from Cali- 113. Rohm & Haas Company. in that particular state. They have fornia have pointed that out. It will 114. Sara Lee Corporation. 115. Shering-Plough Corp. conducted elections. The elections punish India for making significant ef- 116. Silicon Graphics. were won by the opposition, a Sikh forts to correct its problems. It will 117. Sprint Corporation. party; the Akali Dal now governs in bring to a screeching halt United 118. Sumitomo Machinery Corp. the Punjab. We have had elections in States participation in one of the most 119. Sun Microsystems. Kashmir. The violence in Kashmir is important big emerging markets, but 120. Tenneco Incorporated. down. most importantly, it will lead us to 121. Texaco Corporation. The Indian Government is worth shut ourselves out of involvement with 122. Texas Instruments. working with. The Indian country is the Indian Government and hinder our 123. Textron Incorporated. 124. T.G.I. Friday’s. important to us, and I would urge our efforts to create a free and prosperous 125. The Tiffany Company. colleagues not to take a backward step country. 126. Trans World Airlines, Inc. at this time and support an amend- Let us accentuate the positive efforts 127. Turner Broadcasting (CNN). ment which would seek to cut that aid. that India has made. Let us work to 128. Union Carbide Chemicals. Mr. KNOLLENBERG. Mr. Chairman, eliminate the negative, just as India 129. Unisys Corporation. I move to strike the requisite number herself is doing. Let us support a val- 130. Unocal. of words. ued friend, not shut the door on a grow- 131. US West. Mr. Chairman, I rise in opposition to ing relationship. 132. USX Corporation. the amendment offered by the gen- Once again, Mr. Chairman, I urge my 133. W.R. Grace & Co. tleman from Indiana [Mr. BURTON]. 134. The Walt Disney Co. colleagues to oppose this damaging 135. Warner-Lambert Co. This amendment, as has been pointed amendment. 136. Western Digital Corp. out, will ostracize India at a very, very Mr. DEUTSCH. Mr. Chairman, I move 137. Westinghouse Electric Corp. important time. Just as India is set to strike the requisite number of 138. Whirlpool Corporation. and has, in fact, celebrated its 50th an- words. 139. Woodward Govemor Company. niversary, this has been brought up as Mr. Chairman, last year India held 140. Xerox Corporation. well, India is moving toward very im- the world’s largest democratic elec- Mr. BERMAN. Mr. Chairman, I move portant economic reforms. tions. This election, called epic by the to strike the requisite number of The United States relationship with New York Times and extraordinary by words. India, the world’s largest democracy, is the Washington Times, resulted in a Mr. Chairman, I would like to join growing stronger every day. It has been peaceful change in government with my friend and the distinguished chair- pointed out how the investment, U.S. nearly 300 million people going to the man of the Subcommittee on Foreign investment, has grown. Just 6 years polls. The government in the state of Operations, Export Financing and Re- ago it was 500 million; today it is 5 bil- Punjab, a region the gentleman from lated Programs in opposing the Burton lion. That is a tenfold increase. This Indiana [Mr. BURTON] claims is govern- amendment which seeks to cut assist- makes India our largest overseas inves- ment repression of a Sikh minority, a ance to India. We have got the 50th an- tor and trading partner. Of course, as Sikh-dominated government, replaced niversary of Indian democracy which has been pointed out as well, India is the ruling party in open, democratic we have been celebrating this past still a developing country. It does have elections. Voter turnout was actually month. This is not the time to strain problems, but it is working to resolve over 67 percent. Several Members of our relationship with the country of those problems. And for all of the Congress were invited to observe these India; it is the time to deepen that re- shouting, there is no grave threat to elections. lationship. India’s steadfast commitment to diver- Like all developing countries, India India’s policy of market reform has sity and tolerance. has experienced human rights prob- contributed significantly to our im- The Indian Government has taken lems. However, as the world’s largest proving political and economic rela- crucial steps to end any abuse of democracy, it is taking steps to rem- tions. Should India’s growth rate of 7 human rights within its borders. It has edy them. India’s free press, independ- percent continue over the next few established an independent human ent judiciary and vigorous NGO’s have years, India would be the world’s rights commission headed by a former been recognized as models for other de- fourth largest economy in 25 years. As justice of the Indian supreme court to veloping countries. Last year more the base of growth broadens to embrace investigate and to prevent human than 200 security force personnel were more and more economic and social rights abuses. Last year it prosecuted punished for their involvement in sectors in Indian society, relations some 200 violations. In fact, the most human rights violations. The most re- with the United States should inten- recent State Department human rights cent United States human rights re- sify. Now the United States is India’s report praises India, praises India for port praised the commission’s inde- largest trading partner. We have a the substantial progress the country pendence and noted that India has small but effective foreign aid pro- has made in the area of human rights. made substantial progress in the area gram, projected in fiscal year 1998 at Mr. Chairman, India contains within of human rights. about $56 million, which focuses on its borders a greater ethnic, linguistic, The Assistant Secretary of State for economic growth, population and and religious diversity than all of Eu- Asia, Robin Raphel, said in congres- health, environment and humanitarian rope from Ireland to Russia, and they sional testimony that India’s national assistance. Now is not the time to cut have more people. Earlier this year, a human rights commission has real that limited aid. government dominated by the Sikh mi- teeth to expose the violations of Thirty percent of India’s population nority replaced the ruling party, the human rights. remains below the poverty level, but ruling party in the state of Punjab. Independent national efforts to mon- this is a major improvement over 1974 The elections were open and demo- itor the situation in Punjab, as well as when it was 55 percent. If we are going cratic, and over 65 percent of the elec- Jammu and Kashmir, continue. The to reach the point at which India does torate turned out to cast its vote. Fur- International Committee of the Red not need foreign assistance, we should ther, around 80 percent of Indians are Cross went into Kashmir last year and be doing all we can now to assist in In- Hindus, but its presidents have in- several Members of the United States dia’s reforms. cluded two Sikhs, one Muslim, and now Congress have been to Punjab and The new Prime Minister of India a Dhalit. I would point out also that Kashmir during the past 2 years. Rep- promises to continue the economic re- there are more Muslims living in India resentatives of the New York Times, forms of his predecessors. He has than there are in Pakistan. the Washington Post, the Los Angeles moved to try and deal with the leader- I firmly believe that this amendment Times, and CNN that have frequently ship of Pakistan to try to solve and on the eve of the celebration of Indian visited Jammu and Kashmir have had work on their bilateral issues. In the independence will have a devastating unrestricted access to any part of the state of Punjab, racked by violence effect on the growing relationship be- country. International press reports September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6811 underscore that India’s security forces simply harm the poor of India that de- called it the most breathtaking exam- labor under constant pressure of inter- serve an opportunity to try to improve ple of government by the people in the national terrorism. Just recently 33 in- their lives. An economically sound history of the world. It is a democracy nocent people were killed and 67 in- India is one that will enforce human that is open to all, as evidenced by the jured in a terrorist bomb blast which rights standards to a higher level than recent elections in Punjab, which occurred on a train in Punjab. India re- a poor India. Our aid moves India in brought to power an opposition Sikh cently abolished the Terrorist and Dis- the direction of a more prosperous na- Party who chose the ballot over the ruptive Prevention Act which was the tion where everyone can live under the bullet to bring about change in this re- subject of objections by several human rule of law. gion. rights groups. Mr. Chairman, along with some of Respect and dignity for all Indians is I think the point of these facts to un- my colleagues, I visited India last further guaranteed by the country’s in- derscore is that when we try to hold month where we participated on behalf creasing emphasis on human rights. In India to the same standards that we of the House in India’s independence just a few short years the National can hold ourselves, there are not many anniversary, recognizing the world’s Human Rights Commission has made countries in the world and particularly largest democracy. In our meetings, we its mark on all facets of Indian society. not many developing countries that raised the issues highlighted by the Following the commission’s prosecu- can meet that standard. But in the gentleman from Indiana. We raised tion of more than 200 violations in 1996, framework that they are working those issues directly with the Presi- the U.S. State Department commended under, I think all of us would agree dent of India and the Prime Minister of the panel for carving out an important that there has been a clear effort upon India. In my judgment, India is making role in improving accountability for their government to affect the human progress, beginning to negotiate with human rights abuses throughout the rights abuses and have made strides Pakistan and beginning to improve country. Moreover, several versions of and a great deal of progress in those human rights. Indian officials are also the commission have been set up by areas. To cut aid at this point in time forging closer ties between our democ- state governments, including one in in this manner would be sending the racy and theirs. Accordingly, Mr. the State of Jammu and Kashmir. In the international community the exact wrong message to the Indian Chairman, I urge our colleagues to op- Red Cross has conducted seminars and Government and the Indian people. pose the amendment by the gentleman training with paramilitary police and I urge defeat of the Burton amend- from Indiana [Mr. BURTON]. army personnel to further increase un- ment. Mr. BROWN of Ohio. Mr. Chairman, I derstanding and observance of human Mr. GILMAN. Mr. Chairman, I move move to strike the requisite number of rights within India’s military and law to strike the requisite number of words. Mr. Chairman, I rise in strong opposi- enforcement communities. With each words. passing day, India becomes a more (Mr. GILMAN asked and was given tion to the Burton amendment. Even strategic United States partner in this permission to revise and extend his re- as the State Department reports again this year that India has made further crucial part of the world. Pursuing the marks.) Gujral doctrine and similar initiatives, Mr. GILMAN. Mr. Chairman, along progress in the area of human rights, the gentleman from Indiana continues India continues to be a force for stabil- with the distinguished chairman of the ity and a force for growth in South Subcommittee on Foreign Operations, to live in the past. His amendment may be appropriate for some countries Asia. Export Financing and Related Pro- Prime Minister Gujral has already around the globe, but not for today’s grams, the gentleman from Alabama reached various trade, water, and other India. An India that is the world’s larg- [Mr. CALLAHAN], I reluctantly rise in agreements with Bangladesh, with est democracy, an India that has em- opposition to the Burton amendment. Nepal and with Sri Lanka. Most impor- I agree with our good friend from In- barked upon a far-reaching and ener- tantly, Mr. Gujral and Mr. Sharif are diana that India does have a human getic set of reforms to unleash its eco- taking concrete steps to lessen ten- rights problem in Kashmir. Both Am- nomic potential, an India whose diplo- sions between Pakistan and India and nesty International and Asia Watch matic and commercial ties with the have established a formal framework documented proof of severe abuse by United States continue to grow, an for discussion of the disagreements Indian security forces. But let us not India who is a force for regional stabil- which have plagued these two great forget that these same human rights ity, and an India whose support of free countries for so long. Now with the organizations have also denounced Is- and fair elections and minority rights Burton amendment, we are thinking of lamic terrorists who receive crucial is a leading light in that area of the punishing India for this progress. We support from across the Pakistani bor- world. could go on and on about India’s ac- der. As America’s most recent ambas- complishments and her potential. It is We know there has been serious mis- sador to India, Frank Wisner, said, this clear that closer bilateral ties are in behavior by India’s security forces. We is a crucial time for the United States the best interest of India, the best in- must not lose sight, though, of the con- and India. India is ready for a closer re- terest of America and the best interest text in which that has been taking lationship with America. She just of that region as a whole. place. For the past 150 years India has needs the right signals. Ambassador It is also clear that in this year of In- shared a border with Communist China Wisner is right. The United States and dia’s 50th anniversary of independence due to Beijing’s illegal occupation of India are on the verge of a deeper and the world’s oldest democracy should be Tibet and China added to the tensions a more beneficial relationship. The sig- congratulating the world’s largest de- along India’s border with Pakistan and nals we send matter greatly. That is mocracy for its achievements. Instead Kashmir by transferring nuclear weap- why the Burton amendment is so very we are debating this very bad idea. One ons production technology and nuclear- wrong. can trot out the same old dated infor- capable missiles to Pakistan. India has made tremendous strides in mation only so many times. The people India and Kashmir are between a the last 6 years, yet we would slap this of India have moved on to a brighter rock and a hard place. The situation is great Nation in the face by cutting aid. future and have demonstrated their de- even more complicated than meets the Such a move makes no sense and is sire for better United States-India rela- eye. precisely the wrong signal to send. It tions. The U.S. Congress should do the boggles my mind in fact, Mr. Chair- b 1130 same. We should defeat the Burton man, that India is not fast becoming amendment. While the security forces must be one of our most important allies. As Mr. HERGER. Mr. Chairman, I move stopped from committing serious India celebrates its 50th anniversary of to strike the requisite number of abuses, we need to find another way to independence, the world has long rec- words. help end the suffering that has gone on ognized that her commitment to de- Mr. Chairman, I rise in very strong for so long in Kashmir. But cutting off mocracy is vibrant and irreversible. support of this very modest amend- development assistance for democratic Following Indiana’s general election of ment by the gentleman from Indiana India is not the way to do it. It will last year, one American commentator [Mr. BURTON]. H6812 CONGRESSIONAL RECORD — HOUSE September 4, 1997 The Nation of India votes against the can be killed for just touching a Brah- present. But this Nation has taken ex- United States in the United Nations man and they will not prosecute. That ceptionally strong steps forward. In more than any other nation except for is today, not 5 years ago or 10 years fact, India’s human rights commission, Cuba in the United Nations. More than ago. And they killed 33 of them just a headed by a former Supreme Court jus- 90 percent of the time they are on op- month ago. That is living in the past. tice, has been hailed by our State De- posite sides than we are in our vote in On July 8, 1997, 36 people were killed partment for its, and I quote, ‘‘signifi- the United Nations. Not only that and in a train bombing in Punjab, and two cant progress in resolving human probably much more importantly is the ministers of the Punjab government rights problems.’’ horrendous human rights problems have blamed the police for that. That The gentleman pointed out that that are continuing to occur within the was 1 month ago, and the bombing oc- there are still acts of terrorism. There Nation of India. curred a day after in July that nine po- still are rapes. There still is racial vio- I have a very large community of licemen were convicted of murder. lence. But we also have acts of terror- Sikhs formerly from the Punjab within That is living in the past. ism and many problems in our own India that live in my district in north- On March 15, 3 or 4 months ago, 1997, country. Cutting developmental assist- ern California. They continue to relate a death squad picked up Kashmir ance would hurt the poorest of the poor the atrocities that take place within Singh, an opposition party member, he in India. The amendment would di- their province of their friends and rel- was thrown in a van, he was tortured, rectly undermine the stated objectives atives who continue to live there. he was murdered and they tossed his of India’s democratically elected prime Again, I think a minor 25 percent cut bullet-ridden body out on the side of minister to improve the living condi- on the aid that we are giving to India the road. That is ancient history. That tions of the country’s poorest citizens. is a very minor message and at the was 4 months ago. And finally, this amendment would be very least a token of the fact that we This guy here was scalped and his an enormous blow to United States- expect India to live by the same rules fingers were cut off and he was tor- India relations at the very moment of other countries, to respect human tured to death. That is not ancient his- when we should be strengthening ties rights within their country, and also tory, that is recently. If there is no between our two democracies. that we begin sending a message that problem, why are there still 550,000 Last year India held a critical and we are not going to continue, the tax- troops in Kashmir? Why are there still historic election. Three hundred mil- payers of this country are not going to 550,000 troops in Punjab enforcing mar- lion people went to the polls to vote in continue rewarding countries who are tial law where people are afraid to even what the New York Times writer Wil- on the opposite side philosophically go out of their houses? Women are still liam Safire called, and I quote, ‘‘the than we are on major issues. being gang raped. People are being most breathtaking example of govern- Mr. BURTON of Indiana. Mr. Chair- taken out of their homes never to be ment by people in the history of the man, will the gentleman yield? seen again, found in canals with their world.’’ Mr. HERGER. I yield to the gen- hands tied behind their back and their The world’s most populous democ- tleman from Indiana. feet tied together and drowned. racy proved that its most powerful Mr. BURTON of Indiana. I thank the That is going on today. Yet we con- weapon is the ballot. We must not pass gentleman from California for yielding. tinue to ignore it. My colleagues say a punitive, anti-India amendment on I would like to illuminate this issue they have got a human rights group the heels of this great election. United a little bit from my colleagues who are over there that they have established States-India relations are strong. getting their information from where I that is really looking into these things. American businesses are flourishing in do not know. First of all, India is get- India has established an Indian human India. The United States is now India’s ting $52 million in developmental as- rights group. That is correct. But why largest overseas investor and its big- sistance from the United States of will they not let Amnesty Inter- gest trading partner. The Commerce America in foreign aid. I know the national into Kashmir and Punjab? Department has designated India as American people are tickled to death The CHAIRMAN. The time of the one of the most important, and I quote, that after 50 years of independence we gentleman from California [Mr. ‘‘big emerging markets for United are still giving $52 million to India in HERGER] has expired. States exports.’’ developmental assistance, and that is Mr. BURTON of Indiana. Mr. Chair- Let us send the world’s most popu- not all. We are giving them millions man, I ask unanimous consent that the lous democracy the right message. Let more in other areas as well. All I am gentleman from California [Mr. us vote for progress in India. Let us saying with this amendment, instead of HERGER] be given 2 additional minutes. vote for democracy. I urge a ‘‘no’’ vote giving them $52 million of American The CHAIRMAN. Is there objection on the Burton amendment. taxpayers money, that we cut that to to the request of the gentleman from Mr. BEREUTER. Mr. Chairman, I $42 million. Indiana? move to strike the requisite number of I would like to have the American Mr. PALLONE. Mr. Chairman, I ob- words. people vote on whether they want to ject. Mr. Chairman, as the chairman of the give any money to India, but that prob- The CHAIRMAN. Objection is heard. Subcommittee on Asia and the Pacific, ably will not happen. But I would also The time of the gentleman has expired. this Member rises in strong opposition like to ask them if they would like to Mrs. MALONEY of New York. Mr. to the amendment of the distinguished cut maybe 25 percent of the devel- Chairman, I move to strike the req- gentleman from Indiana [Mr. BURTON]. opmental assistance and cut it to $42 uisite number of words. In that capacity and in that opposi- million instead of $52 million, and I bet Mr. Chairman, I rise against the Bur- tion, I join the chairman of the Sub- most Americans would go along with ton amendment which would limit de- committee on Foreign Operations, the that. The American people do not want velopmental assistance to India. As we chairman of the Committee on Inter- to give money to a country that has all know, it has been 1 year later, and national Relations, the ranking mem- been independent for 50 years. we are still fighting the same fight, the ber of the Subcommittee on Asia and But let us get to the point of the same bad idea. We defeated a similar the Pacific, and other distinguished human rights violations that one of my amendment last year by an overwhelm- colleagues that have commented in op- colleagues just said indicates I am liv- ing margin, 269 to 127. position and will comment. ing in the past. On July 12, 1997, that is On August 15, we celebrated India’s b really living in the past, that is 1 50th anniversary of democratic rule. 1145 month ago, 1 month ago, in Bombay, Passage of this amendment will have a As mentioned previously, we need to India, 33 black untouchables were devastating effect on the growing rela- reemphasize that India is the world’s killed by the Indian police during dem- tionship between India, the world’s largest democracy and it is making onstrations. They still have the caste largest democracy, and the United dramatic progress. Despite civil unrest system over there and if you are black, States, the world’s oldest democracy. and terrorism, it has maintained 50 you are the lowest form of animal life, Yes, India has had problems with years of unbroken democratic rule according to that government, and you human rights in the past and in the since it gained its independence in 1947. September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6813

Indians enjoy the benefits of the rule of Mr. MCDERMOTT. Mr. Chairman, I when he said, ‘‘Now you ought to look law, a strong judiciary, and a vigorous move to strike the requisite number of at the plank in your own eye before and independent free press. words. you point out the speck in your neigh- There are persistent and disturbing Mr. Chairman, I want to, first, asso- bor’s eye.’’ human rights problems in India. The ciate myself with the remarks of the When my distinguished colleague Government of India does not deny this gentleman from Nebraska. In 1991 I brings a picture out here and puts it up fact. But the gentleman’s amendment went to India for the first time to look on the floor and says that is the reason seems to ignore the remarkable at the AIDS epidemic and what was we ought to cut off aid, look at this progress that this 50-year-old regime happening there and talked with then- horrible picture. If some Member of has enjoyed. Ambassador Thomas Pickering about this House put up a tripod here and put The improvements in the standard of the changes that were coming about in up a Rodney King beating picture and living for the people of India are unde- India; the Rau government had come in then suggested to the House: Well, we niable, and India’s commitment to de- and made a number of changes; and he ought to cut off small business loans to mocracy and improved human rights said, ‘‘Go back to the Congress and California because they have human has repeatedly been demonstrated. start talking about the changes in rights problems in California done by I noted what the gentleman from India, they are real.’’ officials, we would laugh them off the California [Mr. BERMAN] had to say Now I have been back to India six floor. We would say that is crazy; how about the progress in Punjab, and that times since 1961, the last time in De- could anybody make such a sugges- is exactly right. There have been sev- cember, leading a delegation, a trade tion? eral encouraging, specifically encour- delegation from my own city, to go to Yet take one example or two or aging, developments in the past year India. I have been in 12 of the States of three. Remember India has 900 million that deserve to be recognized. India, including Kashmir and Punjab. I people, four times the number in the In Punjab, a State racked by violent talked to Punjabi farmers on the United States in an area from the Mis- confrontations in the 1980’s and the ground. I have talked to public offi- sissippi to the East Coast. One-third of 1990’s, the opposition clearly won an cials, human rights people, all through our land mass, they have four times election that was notably well run and the country. the people. They struggle hard, and I inclusive bringing to power the Sikh Now the amendment offered by the believe that our development assist- party. Unrest has now subsided in Pun- distinguished gentleman from Indiana, ance is a statement to them that we jab. In Kashmir, though violence con- who has never been in India, in my encourage them. tinues, there is now an elected govern- opinion, reflects one of the problems of They have never had a military coup. ment which is setting up a state making foreign policy by sitting in the They have had one democratic election human rights commission. United States and trying to decide after another. Not only democratic The United States assistance pro- what somebody else ought to be doing. elections, they have a well-established gram to India seeks to promote and in- We are essentially having the half full, democratic institutional system in the stitutionalize democratic values and half empty glass of water argument country that does not always function human rights. The United States is here. perfectly, but they do not need from us working closely with India on popu- Do they have problems? Yes. Have a blackened eye, a slug in the face at lation, health care, family, welfare, they moved? Absolutely. their independence celebration by the and environmental concerns. The Unit- If we take the rupee note from India, U.S. Congress. ed States needs to maintain and on it they have 13 official languages. Mr. Chairman, that is not the mes- strengthen this relationship. This is a country where we argue about sage we should send, and for that rea- Mr. Chairman, I would say to my col- whether English is the official lan- son I argue very strongly against the leagues, we have had remarkable ini- guage. They have six major religions. Burton amendment. tiatives and progress from India with There are more Muslims there than in Mr. ROHRABACHER. Mr. Chairman, respect to Bangladesh, Nepal, and any country, except Indonesia. And I move to strike the requisite number Pakistan in just the last year. The this is a country that has separated of words. Burton amendment would damage the church and state in the same way we Before I get into my own remarks, I foundation of our relationship with struggled with in this country. The di- would like to say that we have heard India on this, the 50th anniversary of vision of church and state and keeping speaker after speaker opposing the its independence, and would achieve a secular government has been an enor- Burton amendment and only one, the nothing but the alienation of the In- mous problem. gentleman from Indiana [Mr. BURTON] dian Government from the United India was born in violence. The split- himself, was able to rise up on this States. ting off of Pakistan into what is now point to defend the Burton amendment, Put simply, Mr. Chairman, this Bangladesh at the beginning was a and I would just like to express my dis- amendment does not serve American problem they had to deal with from the appointment that when so many people interests nor promote American influ- very start, and they have struggled have spoken against the Burton ence in India. The arguments for the with this for 50 years. amendment and Mr. BURTON asked for 2 amendment do not reflect the general They have not solved all the prob- additional minutes in a unanimous trend of human rights practices or lems. No Indian official will say that, consent that he was not paid the cour- progress in India today. We should not no Indian journalist. tesy that we almost always pay our have to beat back such amendments India has the same basis of common colleagues to permit them just 2 extra every year. law that we do, the English system. minutes. Mr. Chairman, India is a nation of in- They have a free press that, in fact, in Ms. PELOSI. Mr. Chairman, will the creasing economic and political impor- some ways is more free than our own. gentleman yield? tance to Asia and to the world. While Read the Indian press and understand Mr. ROHRABACHER. I yield to the issues of contention remain between that politicians do not get away with gentlewoman from California. the United States and India, this body anything there without it being in the Ms. PELOSI. Mr. Chairman, just will not contribute to the resolution of newspapers. briefly, because this debate has been such contentious issues by cutting off a So there is no question that they conducted in, I think, a very civil man- major part of assistance or all assist- have problems, but they are struggling ner and I just wanted the gentleman to ance as provided by this Burton amend- with them, but the real question here be aware that Mr. BURTON was afforded ment or ones that may follow. is what kind of relationship do we want unanimous consent for 5 additional Now is the time to send a very posi- to have with India? Is it our idea that minutes yesterday to speak longer on tive signal of support and understand- we want to alienate them in their year his time, and we all graciously granted ing to the Government of India by vot- of celebration? that without any objection, and there ing against this amendment. Mr. Chair- I remember that I think it was Jesus always was the option available to the man, I urge my colleagues to vote ‘‘no’’ Christ was once cautioning people gentleman for him to speak as he did on the Burton amendment. about how they ought to view things with additional time. H6814 CONGRESSIONAL RECORD — HOUSE September 4, 1997 Mr. ROHRABACHER. Reclaiming my 1993. Last year, the Indian police re- sidize one of our own competitors, with time, the people listening to yester- portedly planted explosives in the car the economy emerging as a competitor day’s debate, perhaps most of the peo- of a U.S. citizen, Mr. Babir Dhillon, to the United States, which allows ple listening today, did not hear yes- and he was held up on trumped-up them to spend their own money on terday or the debate before on this, and charges for 9 months, and he was tor- weapons, even nuclear weapons, is the fact is that we had a lively debate tured, and it was only after the inter- crazy. here, but was only one-sided. Mr. BUR- vention of the U.S. Congress that he I believe in the Burton amendment; I TON asked for 2 additional minutes. was released last January, and these support the Burton amendment. Let us Ms. PELOSI. Mr. Chairman, if the charges were dropped. not subsidize India’s expenditure on gentleman will yield, and I will give The Indian Supreme Court eventu- weapons and the military and oppres- him additional time, the point is that ally got up to there, and there is a rule sion. Let us let them make their own it is always available for a Member to of law in India, but what happened was decisions. If they are not going to im- seek time and yield to our colleagues, they basically said that Indian police prove their human rights, let us say as we have done repeatedly in this de- were committing acts that were, quote, they are not going to get any foreign bate, and I would be pleased to take worse than genocide, and yes, if Rod- aid from the United States. more time later and yield to the gen- ney King was just an example, one ex- Mr. SANFORD. Mr. Chairman, I tleman. ample even, we would ignore, we would move to strike the requisite number of Mr. ROHRABACHER. Mr. Chairman, say we are fixing that. But if Rodney words. I have always given my colleagues the King went on and on and on and on and Mr. Chairman, last month the people courtesy and never stepped forward in every day we had Rodney King beat- of India celebrated their 50th anniver- unanimous consent and not given them ings, we would be concerned about it. sary of independence and democracy. It an extra minute. We would say California has got to takes perhaps a special effort for many Anyway, with that said, I support the clean up its act before we extend aid to Americans to imagine when our democ- Burton amendment. I am happy to be California, to its State government. racy was only 50 years old and the the second person in today’s debate to And just like in New York where this great hurdles we had to overcome to step forward supporting a reduction in poor man was brutalized the other day, try to perfect our legal, political, eco- the taxpayers’ dollars that we are send- if the police over and over and over nomic, and social systems. ing to India, and of course I agree with were brutalizing people like this. India today is the world’s largest de- my colleague on the China question, The CHAIRMAN. The time of the mocracy, 950 million people. India is a but we should be reducing the amount gentleman from California [Mr. multi-religious, multi-ethnic society, of money asked by the Clinton admin- ROHRABACHER] has expired. actively seeking to build a common na- istration that we would be giving the (By unanimous consent, Mr. tional identity and overcome religious Government of India for two reasons: ROHRABACHER was allowed to proceed and ethnic conflict. No. 1, they do not need it; and, No. 2, for 2 additional minutes.) In that half century, India has strug- we should not be giving this money to Mr. ROHRABACHER. Mr. Chairman, gled to overcome the legacy of feudal- a government with such an appalling there is not any indication that the sit- ism, followed by colonialism, and all of human rights record. uation is getting better in India be- the problems of underdevelopment and As to No. 1, the Indian Government cause those people who have studied unequal development, including prob- maintains a huge military. They have the situation, we realize the one con- lems of population growth, capital for- developed nuclear weapons. They have flict, the one flame that is igniting the mation, technology development, and been spending their limited resources conflict on the subcontinent, is the de- infrastructure development. on weapons and a huge military, much cision by India not to permit a They have shaped all of the basic in- more than what they need, and after fi- plebescite in the Kashmir so those peo- stitutions of a democratic system, in- nally rejecting socialism their econ- ple can determine, as it was mandated cluding perhaps most significantly omy is on an upsurge. So, No. 1, if they by the United Nations, whether they many independent, nongovernmental are spending money on nuclear weap- are going to be part of India or they institutions and organizations dedi- ons and a big army, why should we be want to be part of Pakistan. cated to involving and empowering giving them aid when they can then India has refused to have that elec- people. spend their own money on weapons? tion. If they would have that, these I rise here today in support of aid to And No. 2, we are giving someone acts of terrorism they complain about, India. Throughout my public career I who is in competition with us, we are and this massive military buildup and have worked with the Asian-Indian providing them aid. Now that is ridicu- occupation they have to finance in the community. My strong relationship lous for the United States of America Kashmir, would disappear because the with the Asian-Indian community in to provide aid and assistance to a coun- democratic process would have worked Chicago has afforded me opportunities try that is going to compete and put its will. But they refuse to do that. on numerous occasions to meet with our own people out of work. This is what is causing the problem. Indian officials who have visited Chi- So, as to the second point, there are This is what is causing the human cago, and this interaction has helped a half million Indian troops occupying rights abuses. me to understand how important de- the Punjab and another half a million As an incentive to the Government of mocracy, economic development, and Indian troops occupying Kashmir, India to abide by policies guided by re- human rights are to India. which is considered the most densely spect for human rights and civil lib- While the cold war no longer exists, occupied territory on this planet. Now, erties, we need to send a strong mes- our relations with south Asia must not if they have got those numbers of sage, and that is exactly what the Bur- be tainted by the cold war legacy. troops up there that are putting ton amendment will do. There is a constant state of tension with some of its neighbors who have money, more and more money, into it, b why should we subsidize this effort by 1200 large and powerful militaries. Several giving money to India? We do not need to send a message states in India, including Punjab and In both of these regions, Punjab and that they can continue doing what Kashmir, have in essence been involved Kashmir, the military forces are recog- they want, that after 50 years we are in a low-intensity war, involving ter- nized by international human rights going to subsidize them in their devel- rorism with foreign support, as evi- organizations as routinely committing opment of weapons and their oppres- denced by the recent bombing of a appalling human rights abuses, mur- sion. For us to provide $135 million in train in Punjab resulting in 36 deaths. dering civilians, gang raping women, aid, which is the total amount, while it Despite these difficulties, India has torturing prisoners with impunity. is wasting its own resources on the proven that she will not tolerate viola- According to our own State Depart- modernization of its weapons systems tions of democracy, and has acted to ment, Indian forces in Punjab have re- and military and its own oppression, it punish those guilty of violations of law ceived over 41,000 cash bounties for the is ridiculous for us to do this. To spend and to reduce any such violations in murder of civilians between 1991 and $135 million in taxpayer dollars to sub- the future. September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6815 The United States has become India’s The amount of money that the Unit- government, government genocide and largest trading partner, now approach- ed States spends is remarkably small, government repression. Just recently ing $9.5 billion per year, and her largest given how much we spend in other 1,000 cases of unidentified bodies were investor. India has adjusted her tax countries. documented and cremated by the mili- policies to further encourage trade and Let me just illustrate where it goes. tary. The fact is there still are 550,000 has become a significant player in It goes to clean water, which elimi- troops in Kashmir and Punjab; women many fields, including computer nates or at least reduces the threat of are still being gang-raped, people are science. Yet India is still a country in disease. It goes to education; again, being tortured, taken out of their need of assistance and development, es- particularly important here is the edu- houses in the middle of the night with- pecially in the most underdeveloped re- cation of women. It goes to develop fi- out judicial process, never to be seen gions, needing assistance with health nancial institutions so that units of again. and educational programs. local government can float bonds that These are things we should abhor as These programs involve financial and are then used to finance projects such a nation. We certainly shouldn’t be giv- technical support from the United as the water projects to which I have ing a large amount of foreign aid to a States, which is matched by volunteer referred. country that continues to perpetrate equity on the part of the people of Given this potential, it seems to me these kinds of atrocities with govern- India. These programs have proven appropriate that our foreign policy has ment sanctions. themselves to be successful in address- a compassionate element to assist I think my colleague from California, ing the problems of underdevelopment, India. Mr. ROHRABACHER, made a very salient and also as powerful instruments of I am going to conclude now with one point when he said this country is international understanding, commu- last comment. I do intend to yield the spending more money, I think, almost nication and trust. last 2 minutes to my colleague. than any country from that region, on It makes sense to continue our com- I might have heard my colleague in- military hardware and nuclear weap- mitment to India. India has proven a correctly, Mr. Chairman, and if I did, onry; and at the same time, they are success in its economic development please, I apologize. But if I did not, I do asking us for foreign aid. It just and is a role model for other developing believe the statement was made that doesn’t make sense. countries. We can take this oppor- ‘‘black is the lowest form of life, ac- All I ask for is we cut the aid by 25 tunity now to improve our foreign pol- cording to that government,’’ and it percent. would be my assumption that the gen- icy relations with India. We can illus- Mr. PRICE of North Carolina. Mr. tleman meant to say, ‘‘according to trate how the United States is a reli- Chairman, I move to strike the req- certain individuals.’’ However, he is able friend and model. uisite number of words. A vote against India in this House is certainly free to speak to this himself. Mr. Chairman, I rise to oppose the not in the best interests of the United I do not believe that it is the policy Burton amendment which would single States and its reputation as a world of the Indian Government to be racist, out India for cuts in foreign assistance. leader. Therefore, I urge that we op- nor was it my observation that individ- As this body has done repeatedly in the pose any and all amendments that uals in the government were racist. past, I urge colleagues to vote no on would single out India for a limitation But if I quoted him correctly, perhaps this amendment. Contrary to what the on development assistance. he could choose to amplify or clarify. Mr. CAMPBELL. Mr. Chairman, I I wish to close my time, just saying gentleman from Indiana has said, oppo- move to strike the requisite number of if there is a component in our foreign nents of his amendment are not claim- words. aid that deals with compassion, if we ing that no problems exist. We take Mr. Chairman, I wish to yield the really mean what we say when we read, these problems seriously. But we are last 2 minutes of my time to my col- ‘‘When I was hungry, you gave me to also recognizing India’s attempt to league and friend from Indiana for eat; when I was thirsty, you gave me to deal with them, and our country’s re- whatever purposes he wishes to use drink; when I was naked, you clothed sponsibility to encourage such efforts. them. me,’’ then we should find that compas- India is the world’s largest democ- Mr. Chairman, I rise against the Bur- sion and help India. racy, a fact we celebrated on July 31 ton amendment. I believe that it is in Mr. BURTON of Indiana. Mr. Chair- with the passage of House Resolution the interests of the United States to man, will the gentleman yield? 157, commemorating 50 years of democ- show compassion, to realize we are Mr. CAMPBELL. I yield to the gen- racy in India. Last year India con- spending 6.5 cents per person in devel- tleman from Indiana. ducted the largest free election in his- opment assistance in India, and my Mr. BURTON of Indiana. Mr. Chair- tory with nearly 300 million people vot- colleagues’ amendment would lower man, I thank my colleague for yield- ing. The state of Punjab elected a Sikh that to 5.5 cents. That is the lowest of ing. government, and the nation’s new any country that receives development Let me say the caste system is still president is a member of the untouch- assistance. For 800 million people, $51 in effect in India, and the lowest caste able caste, tremendous achievements million. in India is the Dhalits, or the black in a developing nation struggling to I had the privilege to go to India at people who live there. And the people maintain democracy, to build its econ- my own expense last autumn. I went to who are in the higher castes, in the omy, and to improve the lot of millions Bombay and I went down the west past if they were touched, almost with- of the world’s poorest people. coast, and I have never seen urban pov- out impunity can inflict pain, suffer- India’s government recognizes that erty as I have in Bombay. Earlier when ing, and even kill people in these lower human rights abuses have occurred and I was in Delhi, I also saw it. And yet I castes. has taken strong steps to redress these never saw such potential as I saw in That is a system that I think we in grievances. The government has estab- Bangalore. As one proceeded south- the United States should abhor, and I lished an independent national human ward, I saw the effect of educating the think the people, until the Black Cau- rights commission to investigate population, of cleaning the water; and cus who fought for civil rights for so human rights allegations in the states the potential is tremendous to do the many years and are starting to get a of Jammu and Kashmir and to pursue most amount of good for the neediest modicum of success, should be very suspected abusers. More than 200 secu- people. concerned about the prejudice that ex- rity forces personnel were punished I hold up the state of Kerala, for ex- ists in India. If I implied it was a gov- last year for involvement in human ample, as an example of where Amer- ernment policy, that was incorrect, but rights violations. The U.S. State De- ican assistance and the Indian Govern- it is a policy of the system over there partment notes that the commission is ment’s own action have reaped tremen- that exists; and they look the other independent and praises India’s ongo- dous benefits in ending human suffer- way when people are tortured and ing efforts to end abuses. ing, largely by improving the condition killed that are from a lower caste. India has abolished the Terrorist and of women, increasing their education, But the fact of the matter is, I have Disruptive Prevention Act and has al- lowering the birth rate. talked about the repression of that lowed the international community H6816 CONGRESSIONAL RECORD — HOUSE September 4, 1997 free access to observe and report on ac- are giving them relative to the $12.5 Mr. SHERMAN. Mr. Chairman, I tions in the Punjab and in Jammu and billion in the foreign aid bill, it is a move to strike the requisite number of Kashmir. very, very small amount. words. At the same time as he has moved I think the issue is not one of foreign Mr. Chairman, those of us who are forcefully to improve the domestic sit- assistance. It comes down basically to friends of India should commend the uation, India’s new Prime Minister this sentence. It comes down to wheth- gentleman from Indiana [Mr. BURTON] Gujral has taken unprecedented steps er we want to stigmatize India with for bringing this amendment before us, to improve relations with India’s passage of the Burton amendment. We because it gives this Congress a chance neighbors. The prime minister has have two great powers. These two great to vote down the amendment by an made landmark agreements with Nepal powers are working together. overwhelming majority, and in doing and Bangladesh, initiated a hot line There is another issue I might touch so, demonstrate our respect for India with the prime minister of Pakistan, on that was recognized in a Washing- at its 50th year of independence, and to and worked with Pakistan to develop a ton Times story on Thursday, July 10, celebrate the increasingly close rela- framework for future talks aimed at 1997. Let me quote from it: ‘‘New Chi- tionship between the world’s most pow- creating lasting peace between those nese missiles target all of East Asia.’’ erful democracy and the world’s largest two countries. That includes India. We have had sat- democracy. The Burton amendment offered this ellite reconnaissance information, and Most of the points that can be made year, as in many past years, takes no it is all outlined in this article how against this amendment have already account of this progress. The amend- India itself is being targeted by China. been made, but I want to review a few ment also would damage improved and We have great interest in protecting of them, and perhaps make a few that improving relationships between the India and working with India. At this have heretofore not been brought to United States and India. U.S. busi- time we do not want to set up any type the floor. nesses are India’s number one overseas of amendment which would create hos- We ought to commend the President of the United States for agreeing to go investor, and U.S. exports to India in- tility toward India and not continue this working relationship at India’s to India to celebrate its 50th anniver- creased by 40 percent last year alone, 50th anniversary. sary of independence. It was mentioned making our country India’s biggest Let me point out that India is one- that India, because it has been inde- trading partner. Fortune 500 companies sixth of the world’s population. It is a pendent 50 years, should not need regularly invest in India and many dominant force in South Asia. Of American aid. This is the first time I U.S. high-tech firms see India as the course, it is an emerging world power. have heard the idea that there should most important developing market We need to cooperate with this coun- be a term limit on development aid. worldwide for them, eclipsing even try. We should point out that the gen- China as an investment location. India is a big emerging market. The tleman from Indiana is a strong sup- Mr. Chairman, as our relationship United States is its leading trading porter of United States aid to Turkey, with India grows, the United States partner and source of foreign invest- which has been independent for over must support India’s continuing efforts ment. India is a nuclear-capable state 500 years. I would point out that most to respect human rights, punish viola- that has fought three wars with a non- of us support American aid for Ethio- tors, and develop its economy. The nuclear capable Pakistan, and is a pia, which has been independent for issue is not only a matter of develop- prime focus of U.S. concerns about well in excess of 2,000 years. The ques- ment assistance, which amounted to nonproliferation in reducing regional tion is not how long has a nation been about $50 million last year. Of far tension. independent, but rather, what are the greater significance would be the effort I bring this to the attention of my development needs and how effectively that this amendment represents to colleagues because this is a larger can the United States work toward stigmatize India just as relations be- issue, not just talking about the fiscal those needs. tween our countries are blooming. side. We are not just talking about for- Several of the other speakers have The Burton amendment would punish eign aid, we are talking about how talked about how important our aid is a country taking the right steps just as these two countries can work together, to India, how effective that aid is, and it celebrates 50 years of democracy. I not only in the area of democracy, but how we are providing very little aid urge my colleagues to support democ- also dealing with our mutual interests compared to the needs in India and its racy in India by voting ‘‘no’’ on the and the protection of democracy in total population. Burton amendment. that part of the globe. We have heard about Punjab. Yet in Mr. STEARNS. Mr. Chairman, I move We need to encourage support for the Punjab, we have seen an amazing to strike the requisite number of their policies. We need to gain their development, the election of a Sikh words. support for nonproliferation of nuclear Party, the election of a party opposite (Mr. STEARNS asked and was given capability, and we must encourage its many of the policies of the national permission to revise and extend his re- policies that serve both our interests government. What better proof that de- marks.) and theirs. We must continue to ex- mocracy works in India? Mr. STEARNS. Mr. Chairman, thank pand bilateral cooperation, including We are told about Kashmir, where in- you very much. I rise also against the an enhancement of Indian peacekeep- deed there have been some brutal ac- amendment offered by my distin- ing capabilities. tions. But we are given but one picture, guished colleague from Indiana, Mr. We need, of course, on the drug side and then statistic after statistic with- BURTON. to cooperate on narcotic issues. Im- out citation, without enumeration, As many of you know, every year I prove human rights performance? By without calculation, and without foun- have offered a resolution to recognize all means. They have done that by set- dation. What is really going on in India’s independence. This year I of- ting up their commission and trying to Kashmir is a tragedy, but we should re- fered it again. Thanks to Mr. BEREU- be much more forceful in that area. member that some of the most tragic TER, the resolution was made part of Lastly, we need to understand that victims are those who support the Gov- legislation, and it has now passed this India, above all, is one of the oldest de- ernment of India. House; and I am very pleased that after mocracies in the world. So I believe the Millions of Hindus have been driven all these years of my offering a rec- United States should continue its from their own villages and from their ognition amendment, that it has fi- friendship with India. India has tried to own neighborhoods and from the State nally passed the House. strengthen their democracy through of Kashmir itself. We should remember free elections. We must strengthen our that the human rights abuses which b 1215 ties with them and, of course, with all the Indian government is trying to pre- When I listen to the debate, there of the South Asia region and the global vent on its side are more than rep- have been a lot of people speaking on community. licated by those entities that are sup- both sides. I do not really think the de- For this and the other reasons I men- ported often by Pakistan and other bate is one of U.S. foreign assistance. tioned, I urge the defeat of the Burton outside forces, which the Indian Gov- When we think of the $50 million we amendment. ernment has to contend with. Many of September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6817 the most brutal pictures that can be money, but there is no earmark in this United States-India relationship? Unit- taken in India can be taken of the vic- bill in the first place for India, so the ed States investment was over $5 bil- tims of those who oppose the Govern- fiscal conservatives can join with those lion in India last year, a ten-fold in- ment, the terrorists in Kashmir. of us who support the democratic re- crease from just a few years ago. I know that the vote will be coming gime in India and support the gentle- As we went from celebration to cele- up later this afternoon. I hope those in man’s view. Therefore, there is no rea- bration, I could not help but thinking India recognize that at least 100 of our son for even the fiscal conservatives to this is a real golden opportunity for colleagues would vote against foreign vote against this issue. the world’s largest democracy, India, aid to any country at any time. I un- Mr. SHERMAN. Mr. Chairman, I and the world’s longest democracy, the derstand that level of fiscal conserv- would hope, in fact, fiscal conserv- United States, to really forge even atism. I do not happen to agree with it. atives will vote against this amend- closer ties. When the vote comes in, as I think it ment. I do know there will be a percep- We had a meeting with the Prime will, 300 to 150 or 300 to 120, keep in tion as people walk into this Chamber Minister of India, Mr. Gujral, who mind the first 100 of those votes has that the fiscally conservative vote is to wants very, very much to have in- nothing to do with India and every- vote for the amendment, and if the creased United States-India ties. In thing to do with a brand of fiscal con- amendment gains a number of votes for fact, he was telling us stories where he servatism that some of my colleagues that reason, those should not be re- feels very neglected, feels that the embrace; that in fact, when there are garded as anti-India votes. United States has not devoted enough 300 votes for India, hopefully, there will Mr. FRELINGHUYSEN. Mr. Chair- attention to India in the past years, be no more than 10 or 20 or 30 opposed man, I move to strike the requisite and is delighted that President Clinton to India. We are overwhelmingly in number of words. is going to be visiting with India. this House in support of a strong rela- Mr. Chairman, I would speak very So I think we have a golden oppor- tionship between the United States and briefly against the Burton amendment. tunity, particularly with the end of the India. Mr. Chairman, as a member of the Sub- cold war, when there had been in pre- One final point I want to bring up. committee on Foreign Operations, Ex- vious years some kind of close rela- That is the idea that our economy is in port Financing and Related Programs tionship between the Soviet Union and competition with India. In fact, there of the Committee on Appropriations, I India that does not exist anymore. So are no more two complementary econo- rise to support the chairman’s position at a time when we are going to former mies in the world. India is still a low- and oppose the Burton amendment. Communist countries like Vietnam and wage country. I have urged My position, I think, is that of the trading with former Eastern Bloc coun- businesspeople in the Los Angeles area majority of those of us in Congress, tries and bringing them into NATO, and elsewhere, importers who are de- that we support democracy in India. why would we not want to forge closer pendent upon goods made in China, to While at times it may be imperfect, it relations with the largest democracy? look instead at India, look at India as still needs our support. There are a By the year 2020 they are going to be a source of goods that require a low- number of good reasons to oppose the the country in the world with the larg- wage situation, look at a country Burton amendment, and many of those est population. where American exports are not dis- have been stated very eloquently today So I believe that the Burton amend- criminated against the way they are in and yesterday. The bottom line for me ment goes in the wrong direction, in China, look at a country that embraces is that India is one of the few true de- the opposite direction from that which the rule of law, look at a country that mocracies in the developing world. we should be going. It is not good for I think will be increasingly economi- Last year, as it has been said, India democracy, it is not good for U.S. cally important to us. held the largest election in the history trade, it is not good for U.S. business, Finally, there was the point made of the world. The conduct of that elec- and it is not what we should be doing. that the ‘‘untouchables’’ or lower caste tion was universally regarded as free The people of India have shown tre- are somehow discriminated against by and fair, and described by the New mendous warmth and affection for the the Government of India. In fact, the York Times as epic and extraordinary United States. We ought to return that phrase, and I think it was misused, was by the Washington Times. affection. I thought for all the reasons ‘‘lowest form of animal life.’’ The As India celebrates 50 years of inde- we have been given, the fact that Unit- President of India is from this group, pendence and democracy, the United ed States and India have an oppor- and in fact religious minorities have States should today, through its con- tunity to forge even a closer relation- been at the highest levels of the Gov- gressional representatives, be sending a ship in the future, that we share com- ernment. message of encouragement, not hos- mon goals of democracy, India has im- The CHAIRMAN. The time of the tility. It is a pleasure to support the proved on its human rights violations, gentleman from California [Mr. SHER- chairman’s position and to oppose the and with prodding from the United MAN] has expired. Burton amendment. States will improve even more. (On request of Mr. CALLAHAN, and by Mr. ENGEL. Mr. Chairman, I move to Mr. Chairman, I yield to the gen- unanimous consent, Mr. SHERMAN was strike the requisite number of words. tleman from New York [Mr. ACKER- allowed to proceed for 1 additional Mr. Chairman, I rise in strong opposi- MAN]. tion to the Burton amendment. I have minute.) b Mr. CALLAHAN. Mr. Chairman, will just gotten back from India, where I 1230 the gentleman yield? was part of the official American dele- Mr. ACKERMAN. Mr. Chairman, this Mr. SHERMAN. I yield to the gen- gation celebrating the 50th year of amendment is very untimely and the tleman from Alabama. independence of India. We were in the gentleman from Indiana [Mr. BURTON] Mr. CALLAHAN. Mr. Chairman, the parliament at midnight in New Delhi brings it up and recites time and time gentleman made a very good point, but as 12:01 came and 50 years was just put again, as if it were a mantra, things let me correct one misconception that into place, and I could not help but that he continuously mentions on the has been portrayed here on the floor, looking down and seeing this vibrant floor. and that is that there is money ear- democracy. Mr. Chairman, I want to yet again marked in the bill for India. There is There are so few democracies extend another invitation to the gen- no earmark in this bill. Therefore, throughout the world, and India has tleman from Indiana to come with me there is no reason for the fiscal con- been a vibrant democracy. It has some and others, if he would like, to actually servatives to vote for this amendment, flaws, and who does not have flaws, visit India, to see the things that some inasmuch as there is nothing that we what nation does not have flaws. But of us have seen. To come to the States are cutting. the fact of the matter is India is a vi- of Jammu and Kashmir, as I have been They are not cutting foreign aid by brant democracy. There are nearly 1 several times to travel throughout the voting for this amendment, they are billion people in India, 943 million peo- region; to go to the Punjab, as the gen- simply instructing the administration ple. Why would we want to do anything tleman from New York [Mr. ENGEL] that they can only give so much to alienate them or jeopardize the and I, together with the gentleman H6818 CONGRESSIONAL RECORD — HOUSE September 4, 1997 from New York [Mr. GILMAN], our system is illegal under the Indian Con- ton amendment. It misses what is hap- chairman, did just a week or so ago, stitution. Twenty-five percent of the pening in the Indian subcontinent. and see the horrible conditions, the members of India’s Parliament are so- I was in the Punjab. The Indian terrible poverty, and the heroic efforts called untouchables. The President of record on human rights is not a perfect that are being made to meet those India, which is the Chief of State, is one, but as the State Department has challenges, and to see those things from the so-called untouchable class, mentioned in its annual report, India is with his own eyes so the gentleman and untouchables are constitutionally clearly moving in the right direction from Indiana does not have to rely protected. Anyone can be prosecuted, and is making substantial progress. anecdotally on the experiences of oth- and people are prosecuted, if they dis- Mr. Chairman, the atmosphere in the ers who have agendas here in Washing- criminate against those people of the Punjab was not one basically of repres- ton, as they are entitled to have, who so-called untouchable caste. sion, but one of democracy growing bring him pictures and photographs so Mr. FOX of Pennsylvania. Mr. Chair- under difficult circumstances. We had that he can cite one of them on the man, I move to strike the requisite a chance to read about and to view the floor of the House as an example of na- number of words. work of the Human Rights Commission tional policy. Mr. Chairman, I rise to oppose the of India. It, again, is performing a func- Mr. Chairman, that is not the na- amendment. I have great respect for tion that is a valuable one and a real tional policy of India any more than it my friend and colleague from Indiana, one in a democratic society, what is is the national policy of the Police De- Mr. BURTON, however on this issue we basically a democratic society. partment of the city of New York to go differ. On this 50th anniversary of Indian at people with plungers. That is a ter- I believe that India is the United independence, our country needs to be rible analogy to make, Mr. Chairman, States’ largest trading partner, and taking constructive, not destructive, but that is exactly what is happening that if we approve this amendment, it steps in terms of our relationship. And here. People who work for the govern- will have serious consequences for the what the Burton amendment does, in ment sometimes do terrible things. massive investment that we have in my judgment, is to move in a destruc- That does not mean that it is the gov- India, totaling $5 billion last year, a tive rather than a constructive fashion. ernment’s policy or the government tenfold increase from just 5 years be- We need to, with India and other de- does that. fore. We play right into the hands of mocracies where there are problems, So it is in India, which has a large those who would turn back the clock work with those countries as they need military, mostly very much under con- on the major economic reforms that to work with us when we have prob- trol and cooperating with ours. But to have been instituted. And we are lems here in America. blame it for all of the atrocities that speaking here of great private invest- That should be the spirit between our go on, when individuals anecdotally ment. two great nations, the two great de- commit horrible crimes, is certainly The largest democracy in the world mocracies; not the negative import and not fair or proper. is India, one of the few true democ- context of the Burton amendment. So I And to further state that the caste racies in the developing world. Last very much oppose it. India, on its 50th system in India, which does exist at year India held the largest multiparty anniversary, has a record much more least in practice in some places, is the election in world history. The conduct to be proud of than ashamed of. It has policy of the government just is not of this election was universally re- a history the last 50 years that much the truth, Mr. Chairman. There is rac- garded as free and fair, described as moves in the right direction more than ism in America, but that does not epic by the New York Times and ex- in the wrong direction. mean that the policy of the govern- traordinary by the Washington Times. Are there blemishes? There are. Is ment is racist. Here with the 50th anniversary of there perfection? There is not. Is there And to cite the untouchable class as independence for India, we need to look movement in the right direction? the lowest form of human life is, first to the fact that the elected government Clearly so. And what this amendment of all a mischaracterization. has been restored to Jammu and Kash- does is essentially refuse to recognize The CHAIRMAN. The time of the mir. The elected government has estab- the movement in the right direction gentleman from New York [Mr. ENGEL] lished a State Human Rights Commis- and instead distort the record of ac- has expired. sion and democracy is thriving in the complishment. (On request of Mr. ACKERMAN, and by Punjab. So, in addition to all of the impor- unanimous consent, Mr. ENGEL was al- United States engagement on the In- tance of the economic relationships be- lowed to proceed for 1 additional dian subcontinent through the Na- tween our two countries, I think we minute.) tional Endowment for Democracy, and ought to remember supremely the link- Mr. ACKERMAN. Mr. Chairman, will other efforts, contributes to the age of the United States and India as the gentleman continue to yield? strengthening of democratic institu- two democracies each with its own set Mr. ENGEL. I continue yield to the tions. Furthermore, human rights of problems, but each moving surely in gentleman from New York. problems have existed, but the Indian the right direction when it comes to Mr. ACKERMAN. Mr. Chairman, it is government is prosecuting such viola- human rights. a mischaracterization. The people of tors and such violations. The National This country is a beacon for India in India have selected as their President a Human Rights Commission is widely terms of human rights. It is moving, I person from the untouchable class. The regarded as independent and aggressive think, to meet the test of that beacon, gentleman from Indiana is mis- in pursuing human rights. and we should not indicate otherwise informed. And I think it behooves us India is a nation of increasing eco- through actions like the Burton all, when we come to the floor to do nomic and political importance for amendment. things, especially when it deals with Asia and the world. While challenges Mr. FOLEY. Mr. Chairman, I move to the national policy and our relation- remain, India has been a good friend to strike the requisite number of words. ships with great societies and large the United States and has improved its Mr. Chairman, I also rise in opposi- countries, and even small countries, to human rights conditions. Now is the tion to the amendment offered by the know from whence we speak and to ac- time to send positive signals of support gentleman from Indiana [Mr. BURTON] tually visit and see firsthand what and assistance to the Government of to cut development assistance to India, these problems are, without relying on India. but I do want to state clearly for the lobbyists to provide us with that kind Mr. LEVIN. Mr. Chairman, I move to record, the gentleman is motivated by of education. strike the requisite number of words. the best of all reasons and intentions Mr. ENGEL. Mr. Chairman, reclaim- (Mr. LEVIN asked and was given per- on this floor today. The gentleman ing my time, I yield to the gentleman mission to revise and extend his re- from Indiana has displayed himself a from New Jersey [Mr. PALLONE]. marks.) caring advocate of people of human Mr. PALLONE. Mr. Chairman, I just Mr. LEVIN. Mr. Chairman, I was in rights around the globe, and those who wanted to point out when we talk India during the winter, and I just would suggest, as I heard a moment about the caste system, that the caste wanted to comment briefly on the Bur- ago, that he is motivated by some September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6819 other reason are absolutely wrong. His is a respected Member of this House; it In addition, I have heard comments heart is in the right place and his in- is just that we differ on this particular about people being killed recently in a terest for people is well-known and his issue. lot of different instances. A lot of that record is distinguished in protecting It seems to me that it is not a wise is happening because of terrorists, mil- human rights, whether it is in India or thing for us now to be reversing a pol- itant terrorist organizations that con- China or anywhere else on the globe icy of moving in the direction of great- tinue to operate in India. where human rights matter, and it er cooperation with India. That is in The bottom line is, if we were to pass matters to this Member. the interest of the people of the United this amendment today, which I know Mr. Chairman, just recently we have States as it is in the interest of the we will not, but if we were, we would celebrated the 50th anniversary of the people of India and, I believe, generally encourage those terrorists to continue independence of India, and it is a thriv- in the interest of the people of the their activities against innocent people ing democracy. Like all developing world. in India. It is those militant organiza- countries, India has had its experiences We have much in common with this tions that are inflicting a lot of the with human rights problems; however, country. That, I think, is obvious. We crimes and a lot of the deaths that are India, the world’s largest democracy, is share a common language, we share a talked about by the gentleman from making great strides in addressing the basic economic system in common, and Indiana. human rights concerns that have been we share a basic political system in In addition to that, the gentleman addressed by the gentleman from Indi- common. from California [Mr. ROHRABACHER] ana. India is a democracy. That fact has talked about how there has been no in- India’s free press, independent judici- been proven if by no other reason than dication that the situation is getting ary, and vigorous nongovernmental or- the recent elevation to the highest of- better in India in terms of human ganizations have been mentioned as fice in the land of a person from the rights. Just, in fact, the opposite is the models for other developing countries. lowest strata of society. It shows that truth. Our State Department annually Allegations of human rights violations there is political mobility based upon for the last few years has talked re- in Jammu and Kashmir prompted India democratic principles, democratic peatedly about progress. There has to form an independent National ideals that we hold in common with been incredible progress. Human Rights Commission, which has them. The human rights commission puts Mr. Chairman, it makes no sense for already punished more than 200 secu- out a report on a regular basis, I us to back away from a relationship rity personnel for their abuses. brought one of the copies today, where with this country. By the middle of the Assistant Secretary of State for they are prosecuting 200 people annu- next century, India will be the most South Asia Robin Raphael has said ally, more people every day. They have populous nation in the world, and my that India’s NHRC ‘‘has real teeth’’ to these training programs where they remarks are based upon not just obser- expose violations of human rights. The deal with the military forces and they vations in the abstract but based upon most recent U.S. State Department explain to them how they are properly the fact that I have had the oppor- human rights report praised the com- supposed to act. They have been deal- tunity to be there and to see firsthand mission’s independence and noted that ing with the situations in rape, with the kinds of things that are happening India ‘‘made further progress in resolv- in that country. rapes. They have been going against ing human rights problems.’’ child prostitution. I appreciate, again, I state clearly, b 1245 The very things that the two sup- the concern for human rights expressed Not perfect by any means, a great porters of this amendment talk about by the gentleman from Indiana. How- many things that have to be corrected, are actually being rooted out by the ever, while the amendment being de- obviously and for sure, but progress is human rights commission on a regular bated today will do little to improve definitely being made. We need to con- basis. The Government has been spend- India’s already significant progress in tinue to work with them on that ing money trying to do that. that area, it will do harm to build progress. We have major investments The problem that we have here with strong relationships between the Unit- there. India is America’s largest trad- the supporters of this amendment is ed States and India. And I stress that ing partner. That trading relationship that they do not look at the facts on that is vitally important at this time. is only going to grow and it will grow the ground in India. They are not talk- We have witnessed a debate on MFN to the benefit of Americans as well. ing to the people. They do not under- and China and developing problems in This is a bad idea. It is something stand what is going on. They continue that portion of the world, and we have that we ought to reject. We ought to to talk about things that have hap- to recognize India is a friend and a na- continue to promote better relation- pened in the past. tion of great potential to protect and ships and a closer affinity with the peo- I have to say, finally, when you talk keep stability in the region; a nation ple of this country. about Kashmir and again about the that we can count that we have estab- Mr. Chairman, I yield to the gen- Punjab, in both cases there have been lished great trade opportunities and re- tleman from New Jersey [Mr. democratic elections in those two lationships with. PALLONE]. states of India. So it is wrong to say Mr. Chairman, while problems re- Mr. PALLONE. Mr. Chairman, I do that there is no plebiscite. It is wrong main, we need to constructively work not intend to take up a lot of time. I to say that there is no democratic with the Government of India, not re- just have been listening. I know there process. People have voted, the major- proach it. The United States is now In- have only been one or two speakers in ity of the people. More people than dia’s largest overseas investor, its big- favor of this amendment. Unfortu- voted in our elections here in the Unit- gest trading partner, and its preferred nately, they have made some really in- ed States have voted for the govern- source of technology. Let us not need- correct remarks. The remarks about ments are against separatism in those lessly damage this important relation- the caste system, you could look back states in India. ship. Let us work to cement it, but also 2,000 years and know that the caste Mr. MENENDEZ. Mr. Chairman, I underscore the concerns of the gen- system has existed in India. But the move to strike the requisite number of tleman from Indiana [Mr. BURTON] and fact of the matter is that for the last 50 words. work diligently to protect those people years this democracy has tried to root I rise in opposition to the amend- in India, protect human rights, and out the caste system. They have made ment offered by the gentleman from solve this in a deliberative fashion. it illegal under their constitution. Indiana, whom I have worked with on Mr. HINCHEY. Mr. Chairman, I move They have repeatedly tried to go out of other issues. But on this issue I clearly to strike the requisite number of their way to establish affirmative ac- disagree with him. It is ironic that we words. tion programs so that those of the so- offer this amendment to cut assistance Mr. Chairman, in opposing the called lower castes are able to play a India on the 50th anniversary of its amendment that is before us, I, of significant role in Indian society, the independence. This amendment takes a course, mean no disrespect to the spon- point being the President, the chief of swipe at one of the most vibrant and sor of this amendment. The gentleman state of India. energetic democracies in the world, H6820 CONGRESSIONAL RECORD — HOUSE September 4, 1997 and it is the wrong approach to take. It be seeking to expand our economic, po- I oppose the Burton amendment. It is seeks to punish a country which has litical and strategic ties with India so the wrong thing to do. We must sup- been a democracy since its independ- that we can move forward together. port democracies. We must encourage ence, it seeks to punish a country that We should pursue an agenda which them. has improved and is improving its will not worsen the climate in India Ms. PELOSI. Mr. Chairman, I move human rights record. and south Asia. We should instead to strike the requisite number of Since 1996, India has been taking stand steadfast to its commitment to words. positive steps to improve its neighbor- free markets, as well as its commit- Mr. Chairman, I rise in opposition to hood. The amendment comes at a time ment to human rights. It is in the na- the amendment. In doing so, I want to when both India and Pakistan are tional interest of the United States to commend the gentleman from Indiana working to resolve the disputes that defeat this amendment and to promote [Mr. BURTON] for shining the bright exist between them, including Kash- those market reforms and democratic light of our country on the human mir, in a bilateral manner. Earlier this government that India has been pursu- rights abuses that take place in India year this House passed Concurrent Res- ing. and indeed other places in the world. olution 16 which congratulated the peo- Ms. FURSE. Mr. Chairman, I move to He has a strong human rights record, ple of India on reaching a 30-year strike the requisite number of words. and I am not here today to defend any agreement with their neighbor Ban- I have been listening to this debate of the alleged actions of the Indian gladesh on sharing water from the Gan- in my office, and I felt I should come Government or their security forces ges River. These are two of the more down to the floor just to talk a little outlined by the gentleman from Indi- conspicuous unilateral efforts India has bit about some feelings I have about ana [Mr. BURTON] in his amendment. been making with its neighbors to in- this. I think we forget that, first of all, I am, however, going to vigorously crease cooperation in south Asia. let us look at history. defend the humanitarian aid programs The amendment charges that India is India was subject to the most brutal that are funded through AID and, a country without respect for human colonial power possible. I talk about among other initiatives, help one of this with a little personal knowledge. rights, particularly in the states of the most populous countries in the My mother was in India when the great Jammu and Kashmir and Punjab. Mr. world deal with family planning issues, Mahatma Gandhi was first arrested by Chairman, it is important to note that among other issues which I will ad- the British police. She witnessed and the party in charge of Punjab is the dress. told me as a child of the terrible situa- Akali Dal, a Sikh-controlled party. The chairman of our committee, the tion for the people of India under that They control 74 of the Punjab’s 117 gentleman from Alabama [Mr. CAL- colonialism. LAHAN], is the foremost champion in seats. They came to power after 69 per- They threw that off. They have for 50 the world on the issue of child survival. cent of the eligible voters in Punjab years been a democracy. Who are we, It is the keystone of his foreign oper- went to the polls. Democracy exists in who are we really to talk about these ations bill. The United States is now Punjab and the voters spoke by casting issues that I hear discussed today? their ballots and electing a new party Rape, I have heard a lot of talk about engaged with India in providing much to power. That is democracy. rape. How I wish, as a woman in the needed assistance for child survival, as Let us not forget Jammu and Kash- United States, how I wish I could say well as other issues, population plan- mir. Under the threat of violence and that there is no rape in this country. ning, the environment, economic re- terror from separatist elements, nearly How many women live in fear of rape? form. This amendment would cut 25 55 percent of eligible voters in the In- That is not because we are not a great percent of this modest program, the dian states of Jammu and Kashmir country. We are, and a good country. vast majority of which benefits the went to the polls for state assembly But bad people do bad things. poorest and most vulnerable portions elections last September and October. We talk about the brutalism. I have of Indian society. The people of those specific states went heard all this talk about brutal treat- I have been and am extremely con- to the polls despite a boycott called by ment of prisoners. I would remind us, I cerned about the reports of serious Pakistani-backed separatist rebels and would remind us of the treatment by human rights abuses in India, particu- despite the separatist threats on their the Los Angeles police of Rodney King. larly in Kashmir and Punjab. The Unit- lives. Bad people in good countries do bad ed States has been and remains seri- Our own State Department notes in things. ously engaged with the Indian Govern- its annual country report that during Then I have heard a great deal of ment on these issues. Limited progress 1996 India made further progress in re- talk about terrorism. Is each of us in has been made on the human rights solving human rights problems. After 3 this country responsible for the deaths front with recent elections in Kashmir years of existence, India’s national at Oklahoma City when a terrorist, a and Punjab, as my colleagues have human rights commission continues to terrorist decided to attack innocent cited, the successful prosecution of the play a key role in bringing account- people? Who are we to speak of this? security force personnel and police and ability for human rights abuses and I think what we should do is see what military officials and the establish- continues to enlarge its useful role in the people themselves have said. And ment of a local human rights groups addressing patterns of abuse. the Indian people have spoken. They that are now able to monitor events What we are being asked to do today have gone to the polls and they have there. is to cut funds to India that uses such voted this government. The Punjabi These developments are positive but funds to encourage economic growth, people have spoken. They have gone to not definitive. However, the essential which has a direct correlation to our the polls. They are the ones we should point remains: We should not be cut- trading with India, stabilize population listen to, those who have spoken for ting off aid to help millions of poor in growth, enhance food security and nu- their own right to be free people in a India with some fundamental aid pro- trition, protect the environment, re- free country. That is what democracy grams that enable them to survive. We duce HIV transmission and educate is about. That is why India can say it should be working with the Indian Gov- girls and women. is a democracy. ernment to promote human rights, as We cannot forget that we are India’s India would never say it is perfect. we are, and we should know that at largest trading and investment part- Can we in this country say we are per- risk, if this amendment should pass, is ner. So let us celebrate India’s golden fect? No, we are striving for perfection. assistance to the women’s initiative. jubilee by defeating this amendment. We are striving to be the best country Women are a key human resource for India has been a success as a democ- in the world. We are the greatest of all economic development and their full racy with its independent judiciary, democracies but India has gone in only participation in a democratic society is free press, and energetic political sys- 50 years from the most brutal colonial an absolute necessity. tem. It sought to address conflicts in a power ruling everything they did. We The HIV/AIDS activity could be cut lawful, democratic manner. Instead of must remember that as you struggle back. This would be particularly harm- pursuing punitive measures against a for perfection, other countries need to ful to the international and global free and democratic country, we should help you on that path. fight against AIDS in view of fact that September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6821 India is particularly vulnerable to a I believe that the Founding Fathers wrote been defeated soundly and repeatedly in the dramatic increase in AIDS. the Bill of Rights with that idea in mind. That past while what little rationale there is for it And the environment and energy they had not created a perfect union of former continues to dwindle. portfolio would be cut back. There are colonies, but were starting a work of democ- One specific example is in the state of Pun- obvious global pollution implications racy in progress. jab. This area is mentioned as a place of op- of a cutback, in addition to the loss of Like the United States, our sister democracy pression against the Sikh minority. However, a opportunities for U.S. technology pro- in India had also taken great pains to craft a Sikh dominated government replaced the rul- viders. It is in our national interest to constitution and legal system to sustain itself ing party in open democratic elections in Pun- provide humanitarian assistance to during times of plenty and times of need. With jab. Furthermore, the Indian and Pakistani India. a long history of contributing to the cultural, governments have shown signs that there can I believe it is important to shine the political, and religious diversity of the world, be real negotiations on the divisive issue of light of democracy on human rights India has forged a working democracy. Kashmir. violations there but I do not think that We should do all that we can in this body Mr. Chairman, India is the world's largest the Burton amendment is appropriate, to support a democratic India and hold judg- democracy. The human rights record in India and I urge my colleagues to vote ‘‘no.’’ ment until there is real evidence to the con- is improvingÐjust ask the State Department. Ms. JACKSON-LEE of Texas. Mr. Chair- trary. Now is not the time to send negative signals man, I rise to speak against the Burton I would ask my colleagues to join me in vot- to India. They are important strategic allies. Amendment to H.R. 2159, the Foreign Oper- ing against this amendment. India is also a key economic ally with over $5 ations Appropriations for fiscal year 1998, Mr. MCCOLLUM. Mr. Chairman, I rise today billion in U.S. investment in India. which would prohibit all development assist- to oppose the amendment offered by my In the end, India has proven itself worthy of ance funding for India in fiscal year 1998, un- friend and colleague, Mr. BURTON of Indiana. its relationship with the United States. This is less such aid is provided through nongovern- I have been working on issues involving India not the time to support my colleague's amend- mental organizations or private voluntary orga- for probably a decade now. The roots of my ment to unfairly stigmatize India. I strongly nizations. interest were India's efforts to counter the urge a no vote. As the world's largest working democracy plague of terrorism. However, in this process, Mr. LANTOS. Mr. Chairman, I urge my col- India is a model for the new world order which I have had the opportunity to learn more about leagues to oppose the ill-conceived and highly is emerging after the collapse of communism India and the importance of its relationship to destructive amendment that has been offered in the former Soviet Union and Eastern Eu- the United States, and am now the co-chair- by our colleague from Indiana [Mr. BURTON]. rope. The level of diversity in races, lan- man of the India Caucus in the House. India His amendment would cut United States de- guages, ways of life and thought and in its has become not only a key trading partner velopment assistance to India in the next fiscal wide disparities in education and illiteracy, in with the United States, but our relationship is year. poverty and wealth, India has created a model also important to U.S. national security. Mr. Chairman, we have had repeated de- for others to learn from. It is this unique relationship that would be bates for more years than I would care to re- In the 50 years since India's first Prime Min- damaged by my colleague's amendment. This member that have been similar to the one we ister Jawaharlal Nehru announced that India, amendment would be a slap in the face to an are having today. Our colleague from Indiana the nation, would be born at the stroke of mid- ally with over 4,000 miles of border with [Mr. BURTON] has offered this or a similar night on August 14, 1947, this great new na- China, a very unknown quantity. amendment whenever we have debated the tion set many standards for progress that is Terrorism is a growing threat throughout the foreign operations appropriations bill and responsible and responsive to the needs of a world. Much of it is spawned by radical Mus- whenever we have debated an international diverse population. lims who see it as a way to accomplish goals relations authorization bill. The House has re- Democracy and freedom are more than just and objectives. Some governments in the Mid- peatedly voted to defeat this unfortunate pro- words put to paper, they are the fabric of gov- dle East and the Near East have permitted posal, and I urge my colleagues again to vote ernment policy and laws which knits together and sometimes encouraged the training and against this distasteful demagoguery. a multitude of people. It provides the ground arming of terrorists. The U.S. has directly felt While this annual exercise has not resulted rules that each must play by in order to be in- these terrorist activities in the bombings of the in reducing the small amount of development cluded as a good member of that society or World Trade Center and more recently, of assistance that the United States has provided nation. Khobar Towers in Saudia Arabia where many to India, it has become an annual opportunity In the early history of the United States, U.S. servicemen lost their lives. But so too for a few Members of this body to make unfor- Thomas Jefferson wrote, ``We hold these have others felt their acts, India being first tunate and harmful remarks about the world's Truths to be self-evident, that all Men are cre- among these. largest democracy. ated equal, that they are endowed by their India has the second largest Muslim popu- Mr. Chairman, instead of using this oppor- Creator with certain unalienable Rights, that lation in the world. Radical Muslims who use tunity to bash the Government of India, this among these are Life, Liberty, and the Pursuit terrorism as their weapon want to control gov- should be an opportunity for us to join in pay- of Happiness,'' in this Nation's Declaration of ernments of all countries with large Muslim ing tribute to the people of India, to join in Independence. This statement did not extend populations. We have an interest in making celebrating the 50th anniversary of the found- itself to all men nor to women, but in the sure that does not happen. ing of this great country. It was just 50 years course of time and with a strong zest for the India and the United States share a lot of ago, in August 1947, that the era of British co- survival of this new Nation's democracy, those bonds in fighting terrorism. We share growing lonial rule ended in India, and a democratic re- words now do mean all shades of Americans concerns with China, too. And we share an in- public was established. Now, 50 years later, that we have today. creasingly larger trading interest. Why should there is ample reason to celebrate India's Today should our Nation's entire Federal this be jeopardized? independence and its statehood. Government be condemned and labeled be- I realize that some have pointed to India's The institutionalization of democracy in India cause of the attack on the Haitian gentleman human rights situation as a reason to tweak has had its difficult momentsÐperiods of vio- who was in the custody of police officers in India's nose. I would not deny that there have lence, including the bloodshed which accom- the City of New York? I would think and hope been some violations in India. But the govern- panied the partition of India and Pakistan at not, but from the perspective of governments ment is continuing to improve its record in this the time of the establishment of the Republic from around the world this view may be regard. In fact, there is an independent human of India in 1947 and more recently at the time dimmed by culture and custom. rights commission which has brought justice to of the tragic assassination of former Prime There is no perfect Democracy, but a de- hundreds of human rights violators. The State Minister Indira Gandhi. There have been in- mocracy working toward perfection is more Department has gone to great lengths to make stances of ethnic and religious violence, but a likely to find a state of existence that is re- note of India's progress by stating that ``during multiethnic, multireligious state like India is not warding to a majority of its people than one 1996, India has made further progress in re- immune to the sectarianism and racism that which has given up all hope of ever reaching solving human rights problems. The National has afflicted so many countries around the perfection. This goal of perfection will also Human Rights Commission has continued to world. allow the people who govern to keep a fresh enlarge its useful role in addressing patterns This is a time, Mr. Chairman, to celebrate and open outlook on their role and the role of of abuse, as well as specific abuses.'' and rejoice with the people of India in a half- the people in the proper function of a demo- The criticisms raised by my colleague from century of great achievements. India remains cratic government. Indiana are old hat. This amendment has a democratic society with a democratically H6822 CONGRESSIONAL RECORD — HOUSE September 4, 1997 elected parliament and a democratically elect- The United States has benefited greatly also committed to reducing tensions between ed prime minister. Democracy has flourished through increased investments in India. This his country and Pakistan. Just last month, Mr. in a country that has a population of 900 mil- amendment would greatly jeopardize the Gujral met with Pakistan's Prime Minister lion people. In a society that is multireligious, strong business interaction that has flourished Nawaz Sharif to begin a dialog by which the multiethnic, and multiracial, in a country that between our countries. two countries might be able to resolve their recognizes 16 official languages. Further com- I urge my colleagues to continue our current differences. While the two could only agree on plicating the effort to maintain and foster de- common sense policy toward India. I urge a incremental steps, the meeting was a positive mocracy in India is the fact that this country ``no'' vote on the amendment. step toward resolving the differences between has a growing population and it suffers from a Mr. LEVIN. Mr. Chairman, I rise in strong these neighbors. low level of economic development. I welcome opposition to the Burton amendment. In light of these developments and others, I the economic progress that we are witnessing Clearly, India's human rights record has firmly believe that cutting aid to India is both in India, and I welcome the growing economic been less than perfect, but we must recognize unwise and unwarranted. Not only would it be ties between India and the United States. that it is improving, even in the face of some a slap in the face to India and the many ac- Mr. Chairman, I am not one to underesti- very extraordinary circumstances. In the Indian complishments it has achieved, it would have mate or to minimize human rights violations, States of Kashmir and Punjab, terrorist vio- a severe impact on our relationship with the and I will not ignore or overlook such prob- lence has cost the lives of more than 20,000 world's largest democracy. Many of the im- lems when they occur anywhere. There are people. Violence has become a way of life for provements that have been made in the areas human rights violations in India, and I deplore many who live in this region of the country. of human rights, economic reform and regional them. At the same time, however, there is evi- International press reports confirm that India's stability could be lost. These would be con- dence of progress in this important area. The security forces and civilians live under the trary to both our national and economic secu- 1996 annual State Department Country Re- constant threat of terrorist attack. Just last rity interests. ports on Human Rights notes that advances week, 33 people were killed and 67 injured in Mr. Chairman, I urge my colleagues to re- have been made in resolving human rights a bomb blast on a train in Punjab. ject this amendment. It sends the wrong signal problems. The establishment of an independ- In recognition of international concern, India at a time of great opportunity for our two coun- ent National Human Rights Commission by has taken steps to address these problems. tries. the Government of India has been an impor- For instance, India has established the Na- (Mr. CALLAHAN asked and was tant factor in this development. The govern- tional Human Rights Commission, an inde- given permission to proceed out of mental and judicial system of India provides pendent office established to investigate order for 1 minute.) legal and constitutional safeguards for human claims of abuse. The commission's work re- LEGISLATIVE PROGRAM rights. The serious social tensions and violent sulted in the prosecution and punishment of Mr. CALLAHAN. Mr. Chairman, I successionist movements that exist in India over 200 security force personnel last year. In would like to thank the chairman and create special problems, and police training is testimony before Congress, Assistant Sec- to commend him for his professional- deficient in many cases. These are expla- retary of State for South Asia Robin Raphael, ism in the handling of this bill. I think nations, but they do not justify human rights stated that the watch dog agency ``has real he has been very fair and that the violations. The important consideration, Mr. teeth.'' In addition, India has abolished its Chair has presided in a very profes- Chairman, is that the violations that do occur highly controversial Terrorist and Disruptive sional manner. are not the consequence of government poli- Prevention Act [TADA]. Mr. Chairman, I know that the Chair cies and government intentions. These prob- Our own State Department, in its annual re- will explain the series of votes, but it is lems are the result of failures in the system, port on human rights, stated that India has my understanding that the Burton and these failures are in the process of being made progress in ``resolving human rights amendment which we have just debated remedied. problems.'' The report goes further to state will now be voted upon, that that will Mr. Chairman, as political, economic, and that the ``National Human Rights Commission be a 15-minute vote. other relationships between the United States has continued to enlarge its useful role in ad- Then, following the Burton amend- and India are developing and expanding and dressing patterns of abuse, as well as specific ment, we will proceed with a 5-minute improving, it would be unfortunate and ex- abuses.'' vote on the additional five amend- tremely counterproductive for this House to India has also made great strides in reform- ments that were debated yesterday. adopt the ill-conceived amendment that we ing its economy and improving conditions for After the vote on the Burton amend- are now considering. I urge my colleagues to foreign investment. Since 1990, foreign invest- ment and the other five amendments join me in a resounding vote against the Bur- ment has grown from $90 million to a record we debated yesterday, we will then pro- ton amendment. $10 billion in 1995 with the United States lead- ceed immediately to the Smith amend- Mr. MANTON. Mr. Chairman, I rise in strong ing the way. ment, which time will be divided on the The United States is now India's largest opposition to the Burton amendment. India Smith amendment between Mr. SMITH overseas investor. From 1991 to 1996, United has taken great strides in improving its human and the gentlewoman from California States investment in India was 29.5 percent of rights record. As a member of the Congres- [Ms. PELOSI]. sional India Caucus, I take great interest in is- all foreign investment. United States invest- Then there will be an amendment of- sues which directly affect India. ment in India totaled more than $5 billion last fered by the gentlewoman from Califor- yearÐa 40 percent increase in 1996 alone. In addition, I am proud to represent one of nia [Ms. PELOSI] and the gentleman The U.S. Department of Commerce has des- the largest Indian-American populations in the from New York [Mr. GILMAN] to the United States. Should this misinformed, out- ignated India as one of the ten most important Smith amendment. dated amendment pass, it would have a dev- ``Big Emerging Markets'' for American busi- b astating impact on India; socially, economically ness. 1300 as well as politically. A virtual ``Who's Who'' of American compa- Following the vote on the six pending I believe we must continue to fully recognize nies is doing business successfully in India amendments and then the vote on the India's potential as a free, democratic nation, today including: Ford Motor Company, Gen- Smith amendment and the Pelosi-Gil- rather than punish them for past human rights eral Motors, Chrysler Corporation, IBM, AT&T, man amendment, we will go to final abuses. Coca Cola, Levi Strauss, Kellogg Company, passage. Is that the Chair’s under- I am not arguing that India has had a per- Motorola, and Northwest Airlines. standing of what we are going to do? fect human rights record; however, we cannot The prospects for continued growth con- The CHAIRMAN. The gentleman is turn our backs on the tremendous strides India tinue. The ruling coalition in India, brought to correct. has made, especially as they celebrate 50 power last year in the world's largest demo- The question is on the amendment years of democracy and continue to look cratic election in history, has remained com- offered by the gentleman from Indiana ahead to great potential for its people. mitted to the path of economic reform laid by [Mr. BURTON]. The United States has played an enormous the previous government. In April of this year, The question was taken; and the role in assisting the Indian Government in India's Prime Minister I.K. Gujral stated, ``India Chairman announced that the noes ap- building itself into a strong democracy and a can look forward to the continuation of the re- peared to have it. leader in the Asian region. We should be form program, and to its deepening, and wid- Mr. BURTON of Indiana. Mr. Chair- proud of our strong support of India over the ening.'' man, I demand a recorded vote, and years and the substantial economic doors we Not only has India's Prime Minister made pending that, I make the point of order have opened for United States businesses. continued economic reform a priority, he is that a quorum is not present. September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6823 The CHAIRMAN. Pursuant to the Miller (CA) Riggs Smith, Linda Price (NC) Sherman Thornberry Myrick Riley Solomon Quinn Shimkus Thurman order of the House of Thursday, July Nussle Rogan Stump Rahall Sisisky Tiahrt 24, 1997, further proceedings on the Paul Rohrabacher Taylor (MS) Rangel Skaggs Tierney amendment offered by the gentleman Paxon Ros-Lehtinen Taylor (NC) Redmond Skeen Torres from Indiana [Mr. BURTON] will be Pease Salmon Thune Regula Skelton Traficant Peterson (MN) Scarborough Towns Reyes Slaughter Turner postponed. Pitts Schaefer, Dan Wamp Rivers Smith (MI) Upton The point of no quorum is considered Pombo Schaffer, Bob Watts (OK) Rodriguez Smith (NJ) Velazquez withdrawn. Porter Sessions Wolf Roemer Smith (OR) Vento Radanovich Shadegg Rogers Smith (TX) Visclosky SEQUENTIAL VOTES POSTPONED IN COMMITTEE Ramstad Shuster Rothman Smith, Adam Walsh OF THE WHOLE Roukema Snowbarger Waters The CHAIRMAN. Pursuant to the NOES—342 Roybal-Allard Snyder Watkins Royce Souder Watt (NC) order of the House of Thursday, July Abercrombie Edwards Klink Rush Spence Weldon (FL) 24, 1997, proceedings will now resume Ackerman Ehlers Knollenberg Ryun Spratt Weldon (PA) on those amendments on which further Allen Ehrlich Kolbe Sabo Stabenow Weller Andrews Emerson Kucinich Sanchez Stark Wexler proceedings were postponed in the fol- Archer Engel LaFalce Sanders Stearns Weygand lowing order: Amendment No. 38 of- Armey English LaHood Sandlin Stenholm White fered by the gentleman from Indiana Bachus Ensign Lampson Sanford Stokes Whitfield Baesler Eshoo Lantos [Mr. BURTON]; amendment No. 76 of- Sawyer Strickland Wicker Baker Etheridge Latham Saxton Stupak Wise fered by the gentleman from California Baldacci Evans LaTourette Schumer Sununu Woolsey [Mr. CAMPBELL]; amendment No. 32 of- Barcia Everett Lazio Scott Talent Wynn fered by the gentleman from Texas Barr Ewing Leach Sensenbrenner Tanner Yates Barrett (WI) Fattah Levin Serrano Tauscher Young (AK) [Mr. PAUL]; amendment No. 41 offered Bass Filner Lewis (CA) Shaw Tauzin Young (FL) by the gentleman from Pennsylvania Bateman Flake Lewis (GA) Shays Thomas [Mr. FOX]; amendment No. 17 offered by Becerra Foglietta Linder Bentsen Foley Lipinski NOT VOTING—9 the gentleman from California [Mr. Bereuter Forbes Livingston Gonzalez McIntyre Schiff TORRES]; and amendment No. 3 printed Berman Ford LoBiondo Hilliard Neumann Thompson in House Report 105–184 offered by the Berry Fowler Lofgren McCollum Pryce (OH) Waxman Bilbray Fox Lowey TEARNS gentleman from Florida [Mr. S ]. Bilirakis Frank (MA) Lucas b 1323 The Chair will reduce to 5 minutes Bishop Franks (NJ) Luther the time for any electronic vote after Blagojevich Frelinghuysen Maloney (CT) Messrs. GANSKE, BALDACCI, RAN- GEL, and NADLER changed their vote the first vote in this series. Bliley Frost Maloney (NY) Blumenauer Furse Manton from ‘‘aye’’ to ‘‘no.’’ AMENDMENT NO. 38 OFFERED BY MR. BURTON OF Blunt Gallegly Manzullo Messrs. HERGER, DELAY, DOO- INDIANA Boehlert Ganske Markey Boehner Gejdenson Martinez LITTLE, and ADERHOLT changed The CHAIRMAN. The pending busi- Bonilla Gekas Mascara their vote from ‘‘no’’ to ‘‘aye.’’ ness is the demand for a recorded vote Bono Gephardt Matsui So the amendment was rejected. on the amendment offered by the gen- Borski Gilchrest McCarthy (MO) The result of the vote was announced tleman from Indiana [Mr. BURTON] on Boswell Gillmor McCarthy (NY) as above recorded. Boucher Gilman McCrery which further proceedings were post- Boyd Goode McDade PERSONAL EXPLANATION poned and on which the noes prevailed Brown (CA) Goodlatte McDermott Mr. MCINTYRE. Mr. Chairman, on by voice vote. Brown (FL) Gordon McGovern rollcall vote No. 356, the Burton Brown (OH) Goss McHale The Clerk will designate the amend- Burr Graham McHugh amendment, I was unavoidably de- ment. Callahan Green McInnis tained. I would like the RECORD to re- The text of the amendment is as fol- Calvert Greenwood McKinney flect that I would have voted ‘‘no.’’ Camp Gutierrez McNulty ANNOUNCEMENT BY THE CHAIRMAN lows: Campbell Gutknecht Meehan Amendment No. 38 offered by Mr. BURTON Cannon Hall (OH) Meek The CHAIRMAN. Pursuant to the of Indiana: Capps Hall (TX) Menendez order of the House of Thursday, July At the end of the bill, insert after the last Cardin Hamilton Metcalf 24, 1997, the Chair announces he will re- section (presiding the short title) the follow- Carson Hansen Mica Castle Harman Millender- duce to a minimum of 5 minutes the ing new section: Chabot Hastings (FL) McDonald period of time within which a vote by LIMITATION ON ASSISTANCE IN INDIA Chambliss Hayworth Miller (FL) electronic device will be taken on each Christensen Hefley Minge further amendment in this series. SEC. 572. Not more than $41,775,000 of the Clay Hefner Mink funds appropriated or otherwise made avail- Clayton Hinchey Moakley AMENDMENT NO. 76 OFFERED BY MR. CAMPBELL able in this Act under the heading ‘‘Develop- Clement Hinojosa Mollohan The CHAIRMAN. The unfinished ment Assistance’’ may be made available for Clyburn Hobson Moran (KS) business is the demand for a recorded assistance in India. Coble Hoekstra Moran (VA) vote on Amendment No. 76 offered by Collins Hooley Morella RECORDED VOTE Combest Horn Murtha the gentleman from California [Mr. The CHAIRMAN. A recorded vote has Conyers Houghton Nadler CAMPBELL] on which further proceed- been demanded. Cook Hoyer Neal ings were postponed and on which the Cooksey Hulshof Nethercutt A recorded vote was ordered. Costello Hyde Ney noes prevailed by voice vote. The vote was taken by electronic de- Coyne Inglis Northup The Clerk will designate the amend- vice, and there were—ayes 82, noes 342, Cramer Jackson (IL) Norwood ment. not voting 9, as follows: Cubin Jackson-Lee Oberstar The text of the amendment is as fol- Cummings (TX) Obey lows: [Roll No. 356] Danner Jefferson Olver Davis (FL) John Ortiz Amendment No. 76 offered by Mr. CAMP- AYES—82 Davis (IL) Johnson (CT) Owens BELL: Aderholt Crane Herger Davis (VA) Johnson (WI) Oxley At the end of the bill, insert after the last Ballenger Crapo Hill DeFazio Johnson, E. B. Packard section (preceding the short title) the follow- Barrett (NE) Cunningham Hilleary DeGette Johnson, Sam Pallone ing new section: Bartlett Deal Holden Delahunt Kanjorski Pappas SEC. 572. The amounts otherwise provided Barton DeLay Hostettler DeLauro Kaptur Parker by this Act are revised by reducing the Bonior Diaz-Balart Hunter Dellums Kasich Pascrell amount made available for ‘‘ECONOMIC SUP- Brady Doolittle Hutchinson Deutsch Kelly Pastor Bryant Duncan Istook Dickey Kennedy (MA) Payne PORT FUND’’, and increasing the amount Bunning Farr Jenkins Dicks Kennedy (RI) Pelosi made available for ‘‘CONTRIBUTION TO THE AF- Burton Fawell Jones Dingell Kennelly Peterson (PA) RICAN DEVELOPMENT FUND’’ as authorized by Buyer Fazio King (NY) Dixon Kildee Petri section 526(c) Public Law 103–306; 108 Stat. Canady Gibbons Klug Doggett Kilpatrick Pickering 163, by $25,000,000. Chenoweth Goodling Largent Dooley Kim Pickett RECORDED VOTE Coburn Granger Lewis (KY) Doyle Kind (WI) Pomeroy Condit Hastert McIntosh Dreier Kingston Portman The CHAIRMAN. A recorded vote has Cox Hastings (WA) McKeon Dunn Kleczka Poshard been demanded. H6824 CONGRESSIONAL RECORD — HOUSE September 4, 1997 A recorded vote was ordered. Weygand Woolsey Yates RECORDED VOTE Wise Wynn Young (FL) The vote was taken by electronic de- The SPEAKER pro tempore. A re- NOES—150 vice, and there were—ayes 273, noes 150, corded vote has been demanded. not voting 10, as follows: Aderholt Gibbons Oxley A recorded vote was ordered. Archer Gillmor Packard The vote was taken by electronic de- [Roll No. 357] Armey Goss Parker Baker Graham Paul vice, and there were—ayes 147, noes 278, AYES—273 Barr Granger Paxon not voting 8, as follows: Bartlett Hall (TX) Pease [Roll No. 358] Abercrombie Goode Ney Barton Hansen Peterson (PA) Ackerman Goodlatte Nussle Bass Hastert Pickering AYES—147 Allen Goodling Oberstar Bateman Hastings (WA) Pitts Aderholt Graham Paxon Andrews Gordon Obey Bilbray Hayworth Porter Archer Hall (TX) Pease Bachus Green Olver Bilirakis Hefley Regula Armey Hastert Peterson (MN) Baesler Greenwood Ortiz Bliley Herger Riley Bachus Hastings (WA) Petri Baldacci Gutierrez Owens Boehner Hill Rogan Baker Hayworth Pickering Ballenger Gutknecht Pallone Bonilla Hilleary Rogers Barcia Hefley Pitts Barcia Hall (OH) Pappas Bono Hobson Rohrabacher Barr Herger Pombo Barrett (NE) Hamilton Pascrell Brady Hoekstra Roukema Bartlett Hilleary Barrett (WI) Harman Portman Pastor Bryant Hostettler Ryun Barton Hoekstra Bentsen Hastings (FL) Poshard Payne Bunning Hulshof Salmon Bilirakis Hostettler Bereuter Hefner Quinn Pelosi Burr Hunter Schaefer, Dan Bliley Hulshof Berman Hilliard Rahall Peterson (MN) Burton Hyde Schaffer, Bob Blunt Hunter Berry Hinchey Redmond Petri Buyer Inglis Sessions Boehner Hutchinson Bishop Hinojosa Riley Pickett Callahan Istook Shadegg Bonilla Hyde Blagojevich Holden Rogers Pombo Camp Jenkins Shimkus Bono Inglis Blumenauer Hooley Royce Pomeroy Cannon Johnson, Sam Shuster Brady Istook Blunt Horn Ryun Portman Chambliss Jones Skeen Bryant Jenkins Boehlert Houghton Salmon Poshard Chenoweth Kelly Smith (OR) Bunning John Bonior Hoyer Scarborough Price (NC) Coble Kim Smith, Linda Burr Johnson, Sam Borski Hutchinson Schaefer, Dan Quinn Collins King (NY) Snowbarger Burton Jones Boswell Jackson (IL) Schaffer, Bob Radanovich Combest Knollenberg Solomon Buyer Kasich Boucher Jackson-Lee Sensenbrenner Rahall Crapo LaHood Souder Camp Kildee Boyd (TX) Sessions Ramstad Cubin Largent Spence Canady King (NY) Brown (CA) Jefferson Shadegg Rangel Cunningham Latham Stearns Cannon Kingston Brown (FL) John Shimkus Redmond Deal LaTourette Stenholm Chabot Kucinich Brown (OH) Johnson (CT) Skelton Reyes DeLay Lazio Stump Chambliss LaHood Calvert Johnson (WI) Smith (MI) Riggs Dickey Lewis (CA) Sununu Christensen Largent Campbell Johnson, E. B. Smith, Linda Rivers Doolittle Lewis (KY) Talent Coble Latham Canady Kanjorski Snowbarger Rodriguez Duncan Linder Tauzin Coburn Lewis (KY) Capps Kaptur Solomon Roemer Dunn Lipinski Taylor (MS) Collins Linder Cardin Kasich Souder Ros-Lehtinen Ehrlich Livingston Taylor (NC) Combest Lipinski Carson Kennedy (MA) Stearns Rothman Emerson Manton Thornberry Cooksey Livingston Castle Kennedy (RI) Stenholm Roybal-Allard Everett Manzullo Thune Costello LoBiondo Chabot Kennelly Stump Royce Ewing McCrery Tiahrt Cox Lucas Christensen Kildee Talent Rush Fawell McHugh Walsh Crane Manzullo Clay Kilpatrick Tauzin Sabo Foley McIntosh Watkins Crapo McIntosh Clayton Kind (WI) Taylor (MS) Sanchez Forbes Miller (FL) Weldon (FL) Deal McKeon Clement Kingston Taylor (NC) Sanders Fowler Moran (KS) White DeLay Metcalf Clyburn Kleczka Thornberry Frelinghuysen Myrick Whitfield Dickey Mica Coburn Klink Sandlin Thune Gallegly Nethercutt Wicker Doolittle Moran (KS) Condit Klug Sanford Tiahrt Ganske Northup Wolf Duncan Myrick Cook Kolbe Sawyer Wamp Gekas Norwood Young (AK) Emerson Ney Cooksey Kucinich Saxton Watkins Ensign Northup Costello LaFalce Scarborough NOT VOTING—10 Watts (OK) Everett Norwood Coyne Lampson Schumer Weldon (FL) Becerra Foglietta Pryce (OH) Forbes Nussle Cramer Lantos Scott Weldon (PA) Conyers Gonzalez Schiff Gillmor Oberstar Crane Leach Sensenbrenner Weller Cox McCollum Goode Pappas Cummings Levin Serrano Whitfield Farr Neumann Goodlatte Parker Danner Lewis (GA) Shaw Wicker Goodling Paul Davis (FL) LoBiondo Shays b 1330 Young (FL) Sherman Davis (IL) Lofgren NOES—278 Davis (VA) Lowey Sisisky Mr. HOBSON changed his vote from DeFazio Lucas Skaggs ‘‘aye’’ to ‘‘no.’’ Abercrombie Chenoweth Eshoo Ackerman Clay Etheridge DeGette Luther Skelton So the amendment was agreed to. Delahunt Maloney (CT) Slaughter Allen Clayton Evans DeLauro Maloney (NY) Smith (MI) The result of the vote was announced Andrews Clement Ewing Dellums Markey Smith (NJ) as above recorded. Baesler Clyburn Farr Smith (TX) Baldacci Condit Fattah Deutsch Martinez AMENDMENT NO. 32 OFFERED BY MR. PAUL Diaz-Balart Mascara Smith, Adam Ballenger Conyers Fawell Dicks Matsui Snyder The SPEAKER pro tempore (Mr. Barrett (NE) Cook Fazio Dingell McCarthy (MO) Spratt THORNBERRY). The unfinished business Barrett (WI) Coyne Filner Dixon McCarthy (NY) Stabenow is the demand for a recorded vote on Bass Cramer Flake Bateman Cubin Foglietta Doggett McDade Stark amendment No. 32 offered by the gen- Dooley McDermott Stokes Becerra Cummings Foley Doyle McGovern Strickland tleman from Texas [Mr. PAUL] on Bentsen Cunningham Ford Dreier McHale Stupak which further proceedings were post- Bereuter Danner Fowler Edwards McInnis Tanner poned and on which the noes prevailed Berman Davis (FL) Fox Ehlers McIntyre Tauscher Berry Davis (IL) Frank (MA) Engel McKeon Thomas by voice vote. Bilbray Davis (VA) Franks (NJ) English McKinney Thompson The Clerk will designate the amend- Bishop DeFazio Frelinghuysen Ensign McNulty Thurman ment. Blagojevich DeGette Frost Blumenauer Delahunt Furse Eshoo Meehan Tierney The text of the amendment is as fol- Etheridge Meek Torres Boehlert DeLauro Gallegly Evans Menendez Towns lows: Bonior Dellums Ganske Borski Deutsch Fattah Metcalf Traficant Amendment No. 32 offered by Mr. PAUL: Gejdenson Fazio Mica Turner After the last section (preceding the short Boswell Diaz-Balart Gekas Boucher Dicks Gephardt Filner Millender- Upton title), insert the following: Flake McDonald Velazquez Boyd Dingell Gibbons Ford Miller (CA) Vento LIMITATION ON FUNDS FOR ABORTION, FAMILY Brown (CA) Dixon Gilchrest Fox Minge Visclosky PLANNING, OR POPULATION CONTROL EFFORTS Brown (FL) Doggett Gilman Brown (OH) Dooley Gordon Frank (MA) Mink Wamp EC S . 572. (a) None of the funds appropriated Callahan Doyle Goss Franks (NJ) Moakley Waters or otherwise made available by this Act may Frost Mollohan Watt (NC) Calvert Dreier Granger Furse Moran (VA) Watts (OK) be made available for— Campbell Dunn Green Gejdenson Morella Waxman (1) population control or population plan- Capps Edwards Greenwood Gephardt Murtha Weldon (PA) ning programs; Cardin Ehlers Gutierrez Gilchrest Nadler Weller (2) family planning activities; or Carson Ehrlich Gutknecht Gilman Neal Wexler (3) abortion procedures. Castle Engel Hall (OH) September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6825 Hamilton McDade Sabo b 1345 NOES—267 Hansen McDermott Sanchez Aderholt Gillmor Pappas Harman McGovern Sanders AMENDMENT NO. 41 OFFERED BY MR. FOX OF Archer Gingrich Hastings (FL) McHale Sandlin Parker PENNSYLVANIA Armey Goode Hefner McHugh Sanford Paxon Bachus Goodlatte Hill McInnis Sawyer The CHAIRMAN. The unfinished Pease Baesler Gordon Hilliard McIntyre Saxton business is the demand for a recorded Peterson (MN) Baker Goss Hinchey McKinney Schumer Peterson (PA) vote on amendment No. 41 offered by Ballenger Graham Hinojosa McNulty Scott Petri the gentleman from Pennsylvania [Mr. Barcia Granger Hobson Meehan Serrano Pickering Barr Green Holden Meek Shaw FOX] on which further proceedings were Pickett Barrett (NE) Gutknecht Hooley Menendez Shays postponed and on which the noes pre- Pitts Barrett (WI) Hall (TX) Horn Millender- Sherman Pombo vailed by voice vote. Bartlett Hamilton Houghton McDonald Shuster Porter Barton Hansen Hoyer Miller (CA) Sisisky The Clerk will designate the amend- Poshard Bass Hastert Jackson (IL) Miller (FL) Skaggs ment. Quinn Bateman Hastings (WA) Jackson-Lee Minge Skeen Radanovich The text of the amendment is as fol- Becerra Hayworth (TX) Mink Slaughter Rahall Bereuter Hefley Jefferson Moakley Smith (OR) lows: Ramstad Berry Hefner Redmond Johnson (CT) Mollohan Smith (TX) Amendment No. 41 offered by Mr. FOX of Bilbray Herger Johnson (WI) Moran (VA) Smith, Adam Regula Pennsylvania: Bilirakis Hill Johnson, E. B. Morella Snyder Reyes Page 94, after line 3, insert the following: Bishop Hilleary Kanjorski Murtha Spence Riggs SEC. 572. None of the funds made available Bliley Hilliard Kaptur Nadler Spratt Riley Blunt Hinojosa Kelly Neal Stabenow under the heading ‘‘DEVELOPMENT ASSIST- Rodriguez Boehlert Hobson Kennedy (MA) Nethercutt Stark ANCE’’ may be used to directly support or Roemer Boehner Hoekstra Kennedy (RI) Obey Stokes promote trophy hunting or the international Rogers Bonilla Holden Kennelly Olver Strickland commercial trade in elephant ivory, ele- Rohrabacher Boswell Horn Kilpatrick Ortiz Stupak Rothman phant hides, or rhinoceros horns. Boyd Hoyer Kim Owens Sununu Royce Brady Hulshof Kind (WI) Oxley Tanner RECORDED VOTE Rush Brown (CA) Hunter Kleczka Packard Tauscher The CHAIRMAN. A recorded vote has Ryun Brown (FL) Hyde Klink Pallone Thomas Salmon been demanded. Bryant Inglis Klug Pascrell Thompson Sanchez Bunning Istook Knollenberg Pastor Thurman A recorded vote was ordered. Sanders Burr Jefferson Kolbe Payne Tierney The CHAIRMAN. This is a 5-minute Sandlin Burton Jenkins LaFalce Pelosi Torres Sanford vote. Buyer John Lampson Peterson (PA) Towns Saxton Callahan Johnson (CT) Lantos Pickett Traficant The vote was taken by electronic de- Scarborough Calvert Johnson (WI) LaTourette Pomeroy Turner vice, and there were—ayes 159, noes 267, Schaefer, Dan Camp Johnson, E. B. Lazio Porter Upton Schaffer, Bob answered ‘‘present’’ 1, not voting 7, as Campbell Johnson, Sam Leach Price (NC) Velazquez Sensenbrenner follows: Canady Jones Levin Radanovich Vento Sessions Cannon Kanjorski Lewis (CA) Ramstad Visclosky [Roll No. 359] Shadegg Chabot Kim Lewis (GA) Rangel Walsh Shaw AYES—159 Chambliss King (NY) Lofgren Regula Waters Shimkus Chenoweth Kingston Lowey Reyes Watt (NC) Abercrombie Gephardt Morella Shuster Christensen Kleczka Luther Riggs Waxman Ackerman Gilman Nadler Sisisky Clyburn Klink Maloney (CT) Rivers Wexler Allen Goodling Neal Skeen Coble Klug Maloney (NY) Rodriguez Weygand Andrews Gutierrez Nussle Skelton Coburn Knollenberg Manton Roemer White Baldacci Hall (OH) Oberstar Smith (OR) Collins Kolbe Markey Rogan Wise Bentsen Harman Olver Smith (TX) Combest LaHood Martinez Rohrabacher Woolsey Berman Hastings (FL) Pallone Smith, Linda Condit Largent Mascara Ros-Lehtinen Wynn Blagojevich Hinchey Pascrell Snowbarger Cooksey Latham Matsui Rothman Yates Blumenauer Hooley Pastor Solomon Costello LaTourette McCarthy (MO) Roukema Young (AK) Bonior Hostettler Paul Souder Cox McCarthy (NY) Roybal-Allard Bono Houghton Payne Lewis (CA) Spence Cramer McCrery Rush Borski Hutchinson Pelosi Lewis (KY) Stearns Brown (OH) Jackson (IL) Pomeroy Crapo Linder Stenholm Cubin Lipinski Strickland NOT VOTING—8 Capps Jackson-Lee Portman Cardin (TX) Price (NC) Cunningham Livingston Stump English Neumann Smith (NJ) Carson Kaptur Rangel Danner LoBiondo Stupak Gonzalez Pryce (OH) Wolf Castle Kasich Rivers Davis (FL) Lucas Sununu McCollum Schiff Clay Kelly Rogan Davis (IL) Manzullo Talent Clayton Kennedy (MA) Ros-Lehtinen Deal Martinez Tanner Mrs. EMERSON, Mr. ROYCE and Mr. Clement Kennedy (RI) Roukema Delahunt Mascara Tauzin SMITH of Michigan changed their vote Conyers Kennelly Roybal-Allard DeLay McCrery Taylor (MS) Cook Kildee Sabo Dickey McHugh Taylor (NC) from ‘‘no’’ to ‘‘aye.’’ Coyne Kilpatrick Sawyer Dingell McInnis Thomas So the amendment was rejected. Crane Kind (WI) Schumer Doolittle McIntosh Thompson Cummings Kucinich Scott Doyle McIntyre Thornberry The result of the vote was announced Davis (VA) LaFalce Serrano Dreier McKeon Thune as above recorded. DeFazio Lampson Shays Duncan Menendez Thurman DeGette Lantos Sherman Dunn Metcalf Tiahrt DeLauro Edwards Mica Traficant PERSONAL EXPLANATION Lazio Skaggs Dellums Leach Slaughter Ehlers Miller (FL) Turner Mrs. CHENOWETH. Mr. Chairman, on roll- Deutsch Levin Smith (MI) Ehrlich Minge Upton Diaz-Balart Lewis (GA) Smith (NJ) Emerson Mollohan Walsh call vote No. 358, I was mistakenly recorded Dicks Lofgren Smith, Adam English Moran (KS) Wamp as voting ``no.'' Dixon Lowey Snyder Everett Moran (VA) Watkins Doggett Luther Spratt Ewing Murtha Watt (NC) I ask unanimous consent to have it reflected Dooley Maloney (CT) Stabenow Flake Myrick Watts (OK) in the appropriate place in the RECORD that I Engel Maloney (NY) Stark Foley Nethercutt Weldon (FL) should have been recorded as voting ``aye'' on Ensign Manton Stokes Forbes Ney Weller Eshoo Markey Tauscher Fowler Northup White this rollcall vote. Etheridge Matsui Tierney Franks (NJ) Norwood Whitfield Evans McCarthy (MO) Torres Frost Obey Wicker PERSONAL EXPLANATION Farr McCarthy (NY) Towns Ganske Ortiz Wise Mr. OBERSTAR. Mr. Chairman, on rollcall Fattah McDermott Velazquez Gekas Owens Wolf Fawell McGovern Vento Gibbons Oxley Young (AK) No. 358 I inadvertently voted ``yes.'' I intended Fazio McHale Visclosky Gilchrest Packard Young (FL) to vote ``no.'' I have, throughout my service in Filner McKinney Waters the Congress, consistently supported inter- Foglietta McNulty Waxman ANSWERED ‘‘PRESENT’’—1 Ford Meehan Weldon (PA) McDade national family planning funds, as long as Fox Meek Wexler Frank (MA) Millender- Weygand those funds are not used to perform or pro- NOT VOTING—7 mote abortions. The Paul amendment would Frelinghuysen McDonald Woolsey Furse Miller (CA) Wynn Boucher McCollum Schiff have cut off all family planning funds, a posi- Gallegly Mink Yates Gonzalez Neumann tion which I do not support. Gejdenson Moakley Greenwood Pryce (OH) H6826 CONGRESSIONAL RECORD — HOUSE September 4, 1997 b 1353 McCarthy (NY) Porter Smith, Adam Thornberry Watts (OK) Wicker McDermott Poshard Stabenow Thune Weldon (FL) Wise Messrs. KLECZKA, MCINTYRE, McGovern Price (NC) Stark Tiahrt Weldon (PA) Wolf MORAN of Kansas, and SANFORD McHale Quinn Stokes Visclosky Weller Young (AK) changed their vote from ‘‘aye’’ to ‘‘no.’’ McKinney Rahall Strickland Wamp White Young (FL) McNulty Ramstad Stupak Watkins Whitfield Mrs. CLAYTON, Mr. WYNN, Mr. Meehan Rangel Talent FORD, and Ms. Harman changed their Miller (CA) Rivers Tauscher NOT VOTING—7 vote from ‘‘no’’ to ‘‘aye.’’ Minge Rodriguez Taylor (NC) Bilbray McCollum Schiff Mink Roemer Thompson Gonzalez Neumann So the amendment was rejected. Moakley Rothman Thurman Houghton Pryce (OH) The result of the vote was announced Moran (KS) Roukema Tierney as above recorded. Moran (VA) Roybal-Allard Torres b 1402 Morella Rush Towns AMENDMENT NO. 17 OFFERED BY MR. TORRES Nadler Sabo Traficant Mr. WISE and Ms. BROWN of Florida The CHAIRMAN. The unfinished Neal Salmon Turner changed their vote from ‘‘aye’’ to ‘‘no.’’ business is the demand for a recorded Nussle Sanchez Upton So the amendment was rejected. Oberstar Sanders Velazquez vote on amendment No. 17 offered by Obey Sawyer Vento The result of the vote was announced the gentleman from California [Mr. Olver Scarborough Walsh as above recorded. Waters TORRES] on which further proceedings Owens Schaffer, Bob AMENDMENT NO. 3 OFFERED BY MR. STEARNS were postponed and on which the noes Pallone Schumer Watt (NC) Pascrell Sensenbrenner Waxman The CHAIRMAN (Mr. THORNBERRY). prevailed by voice vote. Pastor Serrano Wexler The unfinished business is the demand The Clerk will designate the amend- Paul Shays Weygand for a recorded vote on amendment No. ment. Payne Sherman Woolsey Pelosi Skaggs Wynn 3 in House Report 105–184 offered by the The text of the amendment is as fol- Peterson (MN) Slaughter Yates gentleman from Florida [Mr. STEARNS] lows: Petri Smith (MI) on which further proceedings were Amendment No. 17 offered by Mr. TORRES: Pomeroy Smith (NJ) postponed and on the ayes prevailed by At the end of the bill, insert after the last NOES—217 voice vote. section (preceding the short title) the follow- The Clerk will redesignate the ing new section: Aderholt Ensign Metcalf Andrews Everett Mica amendment. PROHIBITION ON FUNDS FOR SCHOOL OF THE Archer Ewing Millender- The text of the amendment is as fol- AMERICAS Armey Fowler McDonald lows: SEC. 572. Notwithstanding any other provi- Bachus Frelinghuysen Miller (FL) Amendment No. 3 offered by Mr. STEARNS: sion of this Act, none of the funds appro- Baker Gallegly Mollohan At the end of the bill, insert after the last priated or otherwise made available by this Ballenger Ganske Murtha Barr Gekas Myrick section (preceding the short title) the follow- Act may be used for programs at the United Barrett (NE) Gillmor Nethercutt ing new section: States Army School of the Americas located Bartlett Gilman Ney at Fort Benning, Georgia. Barton Gingrich Northup SENSE OF THE CONGRESS REGARDING COSTS OF THE PARTNERSHIP FOR PEACE PROGRAM AND RECORDED VOTE Bass Goodlatte Norwood Bateman Goss Ortiz NATO EXPANSION The CHAIRMAN. A recorded vote has Bereuter Graham Oxley SEC. 572. It is the sense of the Congress been demanded. Berry Granger Packard that all member nations of the North Atlan- A recorded vote was ordered. Bilirakis Hall (TX) Pappas Bishop Hamilton Parker tic Treaty Organization (NATO) should con- The CHAIRMAN. This is a 5-minute Bliley Hansen Paxon tribute their proportionate share to pay for vote. Blunt Hastert Pease the costs of the Partnership for Peace pro- The vote was taken by electronic de- Boehner Hastings (FL) Peterson (PA) gram and for any future costs attributable to vice, and there were—ayes 210, noes 217, Bonilla Hastings (WA) Pickering the expansion of NATO. Bono Hayworth Pickett not voting 7, as follows: Boswell Hefley Pitts RECORDED VOTE [Roll No. 360] Boyd Herger Pombo The CHAIRMAN. A recorded vote has Brady Hill Portman been demanded. AYES—210 Brown (FL) Hilleary Radanovich Abercrombie Dooley Hooley Bryant Hilliard Redmond A recorded vote was ordered. Ackerman Doyle Hulshof Burr Hobson Regula The vote was taken by electronic de- Allen Duncan Jackson (IL) Burton Hoekstra Reyes vice, and there were—ayes 425, noes 0, Baesler Ehlers Jackson-Lee Buyer Horn Riggs not voting 8, as follows: Baldacci Engel (TX) Callahan Hostettler Riley Barcia English Jefferson Calvert Hoyer Rogan [Roll No. 361] Barrett (WI) Eshoo Johnson (CT) Canady Hunter Rogers AYES—425 Becerra Etheridge Johnson (WI) Cannon Hutchinson Rohrabacher Bentsen Evans Johnson, E. B. Castle Hyde Ros-Lehtinen Abercrombie Boehner Clement Berman Farr Kanjorski Chabot Inglis Royce Ackerman Bonilla Clyburn Blagojevich Fattah Kaptur Chambliss Istook Ryun Aderholt Bonior Coble Blumenauer Fawell Kelly Chenoweth Jenkins Sandlin Allen Bono Coburn Boehlert Fazio Kennedy (MA) Christensen John Sanford Andrews Borski Collins Bonior Filner Kennedy (RI) Clyburn Johnson, Sam Saxton Archer Boswell Combest Borski Flake Kennelly Collins Jones Schaefer, Dan Armey Boucher Condit Boucher Foglietta Kildee Combest Kasich Scott Bachus Boyd Conyers Brown (CA) Foley Kilpatrick Condit Kim Sessions Baesler Brady Cook Brown (OH) Forbes Kind (WI) Cook King (NY) Shadegg Baker Brown (CA) Cooksey Bunning Ford Kleczka Cooksey Kingston Shaw Baldacci Brown (FL) Costello Camp Fox Klink Cox Knollenberg Shimkus Ballenger Brown (OH) Cox Campbell Frank (MA) Klug Cramer Kolbe Shuster Barcia Bryant Coyne Capps Franks (NJ) Kucinich Crane LaFalce Sisisky Barr Bunning Cramer Cardin Frost Lampson Crapo LaHood Skeen Barrett (NE) Burr Crane Carson Furse Lantos Cubin Largent Skelton Barrett (WI) Burton Crapo Clay Gejdenson LaTourette Cunningham Latham Smith (OR) Bartlett Buyer Cubin Clayton Gephardt Lazio Danner Lewis (CA) Smith (TX) Barton Callahan Cummings Clement Gibbons Leach Davis (FL) Lewis (KY) Smith, Linda Bass Calvert Cunningham Coble Gilchrest Levin Davis (VA) Linder Snowbarger Bateman Camp Danner Coburn Goode Lewis (GA) Deal Livingston Snyder Becerra Campbell Davis (FL) Conyers Goodling Lipinski DeLay Lucas Solomon Bentsen Canady Davis (IL) Costello Gordon LoBiondo Deutsch Manzullo Souder Bereuter Cannon Davis (VA) Coyne Green Lofgren Diaz-Balart Martinez Spence Berman Capps Deal Cummings Greenwood Lowey Dickey McCrery Spratt Berry Cardin DeFazio Davis (IL) Gutierrez Luther Dicks McDade Stearns Bilbray Carson DeGette DeFazio Gutknecht Maloney (CT) Dingell McHugh Stenholm Bilirakis Castle Delahunt DeGette Hall (OH) Maloney (NY) Doolittle McInnis Stump Bishop Chabot DeLauro Delahunt Harman Manton Dreier McIntosh Sununu Blagojevich Chambliss DeLay DeLauro Hefner Markey Dunn McIntyre Tanner Bliley Chenoweth Dellums Dellums Hinchey Mascara Edwards McKeon Tauzin Blumenauer Christensen Deutsch Dixon Hinojosa Matsui Ehrlich Meek Taylor (MS) Blunt Clay Diaz-Balart Doggett Holden McCarthy (MO) Emerson Menendez Thomas Boehlert Clayton Dickey September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6827 Dicks Johnson, Sam Paul Tierney Waters Whitfield As to whether or not the House sup- Dingell Jones Paxon Torres Watkins Wicker Dixon Kanjorski Payne Towns Watt (NC) Wise ports the interagency transfer to U.S. Doggett Kaptur Pease Traficant Watts (OK) Wolf Man and the Biosphere Program, I Dooley Kasich Pelosi Turner Waxman Woolsey would have to answer, no, based upon Doolittle Kelly Peterson (MN) Upton Weldon (FL) Wynn the fact that the House passed Foreign Doyle Kennedy (MA) Peterson (PA) Velazquez Weldon (PA) Yates Dreier Kennedy (RI) Petri Vento Weller Young (AK) Affairs Authorization Act, H.R. 1757. Duncan Kennelly Pickering Visclosky Wexler Young (FL) As our colleagues are aware, on June Dunn Kildee Pickett Walsh Weygand 11 of this year the House passed by a Edwards Kilpatrick Pitts Wamp White vote of 222 to 202 the Coburn amend- Ehlers Kim Pombo NOT VOTING—8 Ehrlich Kind (WI) Pomeroy ment to the Foreign Affairs Authoriza- Emerson King (NY) Porter Gonzalez Moakley Rothman tion Act. This amendment prohibits Engel Kingston Portman McCollum Neumann Schiff funds authorized by that act from English Kleczka Poshard McKeon Pryce (OH) being used in support of the U.S. Man Ensign Klink Price (NC) Eshoo Klug Quinn b 1411 and the Biosphere Program or other re- Etheridge Knollenberg Radanovich lated programs. Based upon the actions Mr. BERRY changed his vote from Evans Kolbe Rahall of this body, no funds appropriated by ‘‘no’’ to ‘‘aye.’’ Everett Kucinich Ramstad H.R. 2159 should be used in support of Ewing LaFalce Rangel So the amendment was agreed to. the U.S. Man and the Biosphere Pro- Farr LaHood Redmond The result of the vote was announced Fattah Lampson Regula gram. Consequently, no Federal agency as above recorded. Fawell Lantos Reyes funded under this act should attempt Fazio Largent Riggs PERSONAL EXPLANATION Filner Latham Riley to transfer funds to the U.S. Man and Flake LaTourette Rivers Mr. GREENWOOD. Mr. Chairman, on roll- the Biosphere Program. Foglietta Lazio Rodriguez call No. 359, I was inadvertently detained. Had Mr. COBURN. Mr. Chairman, I thank Foley Leach Roemer I been present, I would have voted ``no.'' the chairman for that clarification. As Forbes Levin Rogan Mr. COBURN. Mr. Chairman, I ask Ford Lewis (CA) Rogers the Members of this body are aware, Fowler Lewis (GA) Rohrabacher unanimous consent to strike the last the U.S. Man and the Biosphere Pro- Fox Lewis (KY) Ros-Lehtinen word. gram has raised a number of questions Frank (MA) Linder Roukema The CHAIRMAN. Is there objection ranging from violations of private Franks (NJ) Lipinski Roybal-Allard to the request of the gentleman from Frelinghuysen Livingston Royce property rights to misuse of tax dol- Frost LoBiondo Rush Oklahoma? lars. Without specific congressional au- Furse Lofgren Ryun There was no objection. thorization that defines the role of the Gallegly Lowey Sabo Mr. COBURN. Mr. Chairman, I would Biosphere Program and without con- Ganske Lucas Salmon like to engage in a colloquy with the Gejdenson Luther Sanchez gressional oversight, it is impossible to Gekas Maloney (CT) Sanders gentleman from Alabama [Mr. CAL- answer any of these questions. I can Gephardt Maloney (NY) Sandlin LAHAN], and I thank the gentleman for guarantee my colleagues that it is re- Gibbons Manton Sanford taking this time and opportunity to assuring to my constituents and those Gilchrest Manzullo Sawyer discuss the funding for the U.S. Man Gillmor Markey Saxton of many other Western States to know Gilman Martinez Scarborough and the Biosphere Program. that their tax dollars will not be used Goode Mascara Schaefer, Dan Mr. Chairman, as the gentleman and in support of a program which is not Goodlatte Matsui Schaffer, Bob I are both aware, the U.S. Man and the Goodling McCarthy (MO) Schumer accountable to Congress. Gordon McCarthy (NY) Scott Biosphere Program operates through On behalf of myself, our colleagues, Goss McCrery Sensenbrenner the State Department with funding the gentleman from Pennsylvania [Mr. Graham McDade Serrano from 15 different Federal agencies. De- PETERSON], the gentlewoman from Mis- Granger McDermott Sessions spite the fact that this program is 100- Green McGovern Shadegg souri [Mrs. EMERSON], the gentlewoman Greenwood McHale Shaw percent taxpayer funded, it has never from Idaho [Mrs. CHENOWETH], the gen- Gutierrez McHugh Shays been authorized by Congress. And in tleman from Florida [Mr. STEARNS], Gutknecht McInnis Sherman fiscal year 1996, the last year for which and the gentleman from New York [Mr. Hall (OH) McIntosh Shimkus Hall (TX) McIntyre Shuster figures are available, the State Depart- SOLOMON], all of whom have assisted in Hamilton McKinney Sisisky ment, the U.S. Agency for Inter- bringing this program to light and as- Hansen McNulty Skaggs national Development, and the Peace suring the proper use of Federal funds, Harman Meehan Skeen Corps contributed through interagency Hastert Meek Skelton I would like to thank the gentleman Hastings (FL) Menendez Slaughter transfers over $311,000 to the U.S. Man for providing this guidance to the agen- Hastings (WA) Metcalf Smith (MI) and the Biosphere Program. Almost a cies funded under this act. Hayworth Mica Smith (NJ) third of that total was funds appro- Mr. CALLAHAN. Mr. Chairman, if Hefley Millender- Smith (OR) Hefner McDonald Smith (TX) priated under the Foreign Operation the gentleman will continue to yield, I Herger Miller (CA) Smith, Adam Appropriations Act. am pleased to have had this oppor- Hill Miller (FL) Smith, Linda Mr. Chairman, I would simply like to tunity, and I thank the gentleman for Hilleary Minge Snowbarger ask whether the Subcommittee on For- Hilliard Mink Snyder engaging me in this discussion. Hinchey Mollohan Solomon eign Operations had appropriated such Ms. PELOSI. Mr. Chairman, will the Hinojosa Moran (KS) Souder funds for or supports such interagency gentleman yield? Hobson Moran (VA) Spence transfers for the U.S. Man and the Bio- Mr. COBURN. I yield to the gentle- Hoekstra Morella Spratt Holden Murtha Stabenow sphere in the fiscal year 1998 appropria- woman from California. Hooley Myrick Stark tions. Ms. PELOSI. Mr. Chairman, I rise to Horn Nadler Stearns state my position with regard to this b Hostettler Neal Stenholm 1415 program and to respectfully disagree Houghton Nethercutt Stokes Hoyer Ney Strickland Mr. CALLAHAN. Mr. Chairman, will with my distinguished chairman and Hulshof Northup Stump the gentleman yield? the maker of this, the initiator of this Hunter Norwood Stupak Mr. COBURN. I yield to the gen- colloquy. Hutchinson Nussle Sununu tleman from Alabama. I do not agree that the statements Hyde Oberstar Talent Inglis Obey Tanner Mr. CALLAHAN. Mr. Chairman, first accurately reflect the status of the Istook Olver Tauscher of all, I would like to thank the gen- Man and the Biosphere Program. Fund- Jackson (IL) Ortiz Tauzin tleman from Oklahoma [Mr. COBURN] ing for the Man and the Biosphere Pro- Jackson-Lee Owens Taylor (MS) (TX) Oxley Taylor (NC) for bringing this matter to the atten- gram was requested and has not been Jefferson Packard Thomas tion of the full House. In answer to his prohibited in this bill. I therefore want Jenkins Pallone Thompson question, no, the subcommittee did not to clarify that, despite the statements John Pappas Thornberry appropriate funds for such interagency made here this afternoon, and I rarely Johnson (CT) Parker Thune Johnson (WI) Pascrell Thurman transfers for fiscal year 1998 or any disagree with my distinguished chair- Johnson, E.B. Pastor Tiahrt other year of which I am aware. man, funding for this project can move H6828 CONGRESSIONAL RECORD — HOUSE September 4, 1997 forward if Congress takes no further gram, I am in full agreement that it In addition, opponents of this program have action, no further definitive action on would be healthy. questioned the authority of the executive it. Finally, I would point out that near- branch to make interagency transfers in order The citation to the Foreign Affairs ly all of the funding expended by the to aggregate funds for common scientific pur- Authorization Act does not apply, be- Man and the Biosphere Program is for poses. Not only does this make good sense in cause that is not even the law. So at scientific research. The gentleman’s reducing overhead and interagency duplication this time, this afternoon, at the time expressed concern, however, is the im- of effort, it is a principle that has long been fol- of this colloquy, there is no prohibition pact of biosphere designation on pri- lowed and rests on a solid legal basis. The on Congress’ spending funds for the vate property rights. I would question Economy Act of 1932, U.S.C. 1535, provides Man and the Biosphere Program. the wisdom of killing off good peer-re- authority for Federal agencies to effect such Mr. BROWN of California. Mr. Chair- viewed scientific research based on transfers. man, will the gentleman yield? what is essentially an administrative In addition, 22 U.S.C. 2656 authorizes the Mr. COBURN. I yield to the gen- concern. I suggest that it would be far Secretary of State to conduct foreign policy in- tleman from California. more constructive to simply place a cluding the coordination and oversight of (Mr. BROWN of California asked and moratorium on new biosphere designa- science activities between the United States was given permission to revise and ex- tions until these concerns are met and foreign countries. Together, these statutes tend his remarks.) rather than terminate ongoing sci- clearly provide the necessary administrative Mr. BROWN of California. Mr. Chair- entific research. In fact, I recognize authority to carry out the Man and the Bio- man, I thank the gentleman for yield- that the gentleman from Oklahoma is sphere Program and no further authority is ing to me. There has been a great deal a supporter of good research, and I needed in appropriations bills. Thus, it can be of discussion over whether Congress commend him for that. said that the appropriations bill such as the has given proper statutory guidance This is the type of compromise, the foreign operations bill does not provide spe- and authorization to the Man and the one that I am suggesting, that I believe cific authority for the Man and the Biosphere Biosphere Program and whether Con- could be accommodated if the gen- Program simply because it is not needed. gress has exercised enough oversight. tleman would join me in my efforts to Likewise, literally thousands of other Federal These are of course functions and du- advance H.R. 1801. programs are included in appropriations bills ties of Congress rather than the re- May I say further with regard to this that have not been authorized and are not sponsibility of the Man and the Bio- whole debate that I want to commend based on specific organic statutes. To insist sphere Program and thus should not be the gentleman from Oklahoma and the that each such program be based on a sepa- cited as a reason for terminating fund- gentleman from Alabama for the way rate and unique enabling statute would place ing for the program. These are also in which it has been conducted. I feel an unreasonable burden on the legislative matters I have sought in good faith to that we have considerably enlightened process. address. The Man and the Biosphere the other Members with regard to this For example, the Committee on Science au- Program is a program of scientific re- program. I want to thank them for thorizes about $25 billion per year for pro- search, education, and training. their cooperation. grams under our jurisdiction. If each program The CHAIRMAN. The time of the There has been a great deal of discussion of magnitude of the Man and the Biosphere gentleman from Oklahoma [Mr. on the floor of the House regarding the merits Program received a separate organic statute COBURN] has expired. of the Man and the Biosphere Program and and hearing, this would entail over 1 million Mr. BROWN of California. Mr. Chair- whether Congress has provided adequate hearings and bills per year. man, I ask unanimous consent to legal authority to the executive branch to carry However, given the obvious policy questions that have been raised over the Man and the strike the last word. out the program. The CHAIRMAN. Is there objection In the fiscal year 1998 foreign operations Biosphere Program, it is entirely appropriate to the request of the gentleman from budget request, as in previous years, the Man that just such special attention be given it in California? and the Biosphere Program is specifically de- the legislative process. Thus I have introduced There was no objection. tailed as a component of the international con- H.R. 1801 in an attempt to clarify what this Mr. BROWN of California. Continuing program should do and what it should not do. tributions for scientific, educational and cultural Mr. Chairman, I yield to the gen- with my remarks, Mr. Chairman, the activities account. The foreign operations ap- tleman from Oklahoma [Mr. COBURN]. program does not regulate private propriations bill on page 37 and report on Mr. COBURN. Mr. Chairman, I appre- property rights, and I am aware of ab- page 61 indicate no change to the President's ciate the gentleman’s graciousness in solutely no evidence that Federal offi- request for this program. The principles of ap- bringing forth his offer. cials have misused taxpayers’ funds in propriations law are clear hereÐthe effect of I think that the American public still carrying out this program. the bill and past appropriations bills has been needs to recognize that this is a pro- I would point out that about two- to provide the requisite authority to the execu- gram that has never been authorized thirds of the program is research con- tive branch to expend funds on the program. by anybody, House or Senate. It has ducted by a dozen or more different When a lump sum appropriation is made for a never had recent oversight. The line Federal agencies under their existing collection of requested programs, and no spe- item appropriations have never been authorization to conduct research and cific intent is indicated to provide funds in ad- approved in any appropriation process, does not need to be separately author- dition to or less than the request, the execu- and the House has voted four times al- ized by this legislation or any other. tive branch may expend the requested funds. ready this year to totally eliminate However, I would like to reiterate my A conflicting intent expressed in another bill, in any funding and any authorization for areas of agreement with the gentleman this case the foreign operations authorization this program. So I will join the gen- from Oklahoma. bill, does not have any effect whatsoever on tleman in bringing forward his bill. I In view of the controversy that ap- this authority if it is not enacted into law. am not sure that I will support it, but pears to surround the program, I do be- If, as the opponents of this program have I will fully support that we should have lieve that it is appropriate to enact a implied, this is not the case and Federal offi- a vote on whether or not this should be specific organic statute for the pro- cials have illegally expended such funds in the an authorized program. gram. I have introduced such legisla- past, this would be a very serious violation of That has been my point from the tion in the form of H.R. 1801, which, I law. It would also mean that our somewhat start. If it is unauthorized, it should might add, enjoys bipartisan support. I elaborate system of checks and balances to not be paid for. We should come for- have also requested the Committee on ensure financial integrity within the executive ward with a bill to authorize it, if that Science to conduct oversight hearings branch has failed and that the chief financial is the will of this House. on this program, and I might also point officers for the participating agencies, the I thank the gentleman for yielding. out that we are the only committee Comptroller General and others have been Mr. BROWN of California. Mr. Chair- which has ever conducted oversight on derelict in their duties. I do not believe this to man, I appreciate the gentleman’s this program, although it has been sev- be the case but if that is in fact the allegation statement. eral years ago. Although it is some- that is being made, I would suggest that this Mr. CALLAHAN. Mr. Chairman, I ask what rare to focus this level of legisla- be accompanied by a more serious showing of unanimous consent to strike the last tive attention on such a small pro- evidence and facts. word. September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6829 The CHAIRMAN. Is there objection appropriator, I want to protect our pre- thority in Gaza, Mr. Chairman, in ac- to the request of the gentleman from rogatives. And as appropriations chair- cordance with international banking Alabama? man, I would hope that the gentle- law. However, the Bucheit Inter- There was no objection. man’s statement in favor of the posi- national Co. has found the banking sys- Mr. CALLAHAN. Mr. Chairman, I tion of the gentleman from Oklahoma tem to be below international stand- wanted to respond to the gentlewoman [Mr. COBURN] would not therefore apply ards. For example, I want to cite for from California. We seldom disagree. to all other amendments or provisions the Record and for the gentleman’s Many times we disagree on issues passed through the authorization proc- cognizance and understanding the im- which is what this body is all about. ess to, therefore, be foisted onto the portance of this issue as a microcosm But let me just give you a brief history appropriations process as law, just pro- of other investment in that region. of where we are on this. tecting the prerogative of the Appro- Corporate accounts of Bucheit Inter- First of all, it was because of my re- priations Committee for those amend- national were opened without proper quest to this House under a unanimous ments that are not the law. corporate documentation. Corporate consent, that the gentleman from Mr. BROWN of California. Mr. Chair- checks denominated in dollars were en- Oklahoma [Mr. COBURN] was unable to man, will the gentleman yield? dorsed and cashed by individuals with- present his amendment, even though Mr. CALLAHAN. I yield to the gen- out first being deposited into the cor- he had filed it in a timely manner. If tleman from California. porate account. Canceled checks were the amendment had been allowed to Mr. BROWN of California. Mr. Chair- not returned. Corporate funds in excess come to the floor, very obviously the man, I thank the gentleman again for of $100,000 were used to guarantee an House would have voted the same way yielding. overdraft of a private individual with- they voted on the foreign relations bill, I commend the chairman, the distin- out knowledge or approval of the cor- and indeed there would have been a guished chairman of the subcommittee, poration. prohibition in this bill. for the precise language that he has b 1430 My response to the gentleman from used and which I think is correct. I Oklahoma [Mr. COBURN] in our col- should point out, however, that the And a letter of guarantee was written loquy was simply, he asked, was there Senate, the other body, in its own wis- by a bank without notifying the com- any money designated in this bill for dom, rejected this language in connec- pany, in violation of the management’s the Man and the Biosphere Program. tion with the interior appropriations strict instructions at the time of the And the answer is, no, there is nothing bill, and in all likelihood this will re- process. Here is exactly what I am say- in here. If there is any authorization in main to be resolved in conference. ing, Mr. Chairman. I had a number of here for transfer, no, there is no au- Mr. CALLAHAN. Mr. Chairman, I amendments and I agree with the gen- thorization for transfer. So I think think the gentleman would further tleman that legislating in appropria- that the gentleman from Oklahoma agree that the wisdom of the House is tions bills is not the vehicle. We have [Mr. COBURN] and I represent a major- generally superior to that of the Sen- the authorization chairman here and I ity of the views of this House that it is ate. am glad he is listening to this. But I not the will of the U.S. Congress to Mr. BROWN of California. Mr. Chair- ask for the gentleman’s help in the spend money on this program. In my man, I would always agree, but it does conference report, to direct the admin- colloquy, that is what I said. I simply not always prevail. istration, the Clinton administration said that based upon the vote on June Mr. TRAFICANT. Mr. Chairman, I and the executive branch, to look into 11, I have to answer no. It is not the di- ask unanimous consent to strike the this issue and resolve these lax stand- rection of this House to spend money last word. ards of international banking law and on this program. the fact that this first company that Ms. PELOSI. Mr. Chairman, will the The CHAIRMAN. Is there objection was motivated and urged on behalf of gentleman yield? to the request of the gentleman from Mr. CALLAHAN. I yield to the gen- Ohio? the administration to make an invest- tlewoman from California. There was no objection. ment, could get some justice, some Ms. PELOSI. Mr. Chairman, I thank (Mr. TRAFICANT asked and was fairness. They have been ripped off. the distinguished chairman for yield- given permission to revise and extend I am asking that there be some ap- ing to me and appreciate his eluci- his remarks.) propriate language placed in the con- dation of his previous remarks. How- Mr. TRAFICANT. Mr. Chairman, I ference report that would at least di- ever, the authorization bill, as the gen- ask for a colloquy with the distin- rect the administration to resolve tleman knows, is not the appropria- guished chairman, the distinguished these issues, to state these issues on tions bill. While it is interesting for us ranking member, and I want to state the fact, as I believe this is the begin- to speculate as to what the will of the that Bucheit International, a company ning, and if the Palestinian Authority body is, the gentleman from Oklahoma in my district, at the urging of the wants to join the brotherhood of na- [Mr. COBURN] regretfully did not have Vice President, the State Department tions, they are going to have to be up- the opportunity to present his amend- and the Commerce Department and front and honest businesspeople. They ment and have a vote on it to legiti- Builders for Peace was granted politi- cannot have banking systems that are mize the point of view and to have sup- cal risk insurance from the Overseas going to rip off American investors port one way or another registered. Private Investment Corporation who have been encouraged by the I was only pointing out that there [OPIC], to build a concrete molding White House to make investments was no action taken by this House and plant in Gaza, and they are the first to there. by the Congress, that the law does not have done so at the request of the ad- I have no other choice here, and I prohibit the funding of the Man and ministration and try to bring some in- have no other recourse for my com- the Biosphere Program. I was making a vestment American dollars to Gaza. pany. The Palestinian Authority more general statement that no such In 1995, the company received a $1.1 should not shirk its duties and obliga- prohibition exists at this time despite million OPIC loan. After they invested tions by blaming any individuals or the vote in the authorization. $4.4 million, the company has experi- any bank. I think it is imperative that Mr. CALLAHAN. There is no prohibi- enced unethical if not illegal treat- we as a Congress must insist that tion against spending a lot of this ment, and activity which has resulted Chairman Arafat take immediate steps money in the State of Alabama, but in almost a default of this OPIC loan. to reimburse OPIC and the company they are not going to do it. And there In addition, the company was never re- for the investment before any further is no prohibition, that is true, on this imbursed for any value-added taxes damages or any American company de- program. But it is the will of the collected on goods headed for Gaza as cides it is not worth investment in House, based upon the June 11 vote, it was supposed to have been. The com- Gaza. that obviously 222 Members of this pany had been promised a 5-year tax With that, I know it is a very com- body feel it should not be spent. moratorium. That was not granted. plicated issue, but it is the beginning, Ms. PELOSI. Mr. Chairman, if the The Palestinian Authority agreed to Mr. Chairman, and there will be other gentleman will continue to yield, as an establish and supervise a monetary au- American companies that will be H6830 CONGRESSIONAL RECORD — HOUSE September 4, 1997 ripped off because the precedent has tivity, which has resulted in Bucheit's default The CHAIRMAN. The Clerk will des- been set. It has been un-American, to on the OPIC loan. ignate the amendment. say the least, and downright illegal. In addition, Bucheit has never been reim- The text of the amendment is as fol- Mr. Chairman, I ask for the gentle- bursed for any value-added-taxes [VAT] col- lows: man’s support. lected by Israel on goods headed for Gaza. Amendment No. 1 printed in House Report Mr. CALLAHAN. Mr. Chairman, will Bucheit has had difficulty obtaining proper 105–184 offered by Mr. SMITH of New Jersey: the gentleman yield? invoices from Gaza suppliers, so simply day- At the end of the bill, insert after the last Mr. TRAFICANT. I yield to the gen- to-day accounting has become an impossible section (preceding the short tile) the follow- ing new section: tleman from Alabama. task. Bucheit currently has a $75,000 payment Mr. CALLAHAN. I appreciate the pending. FOREIGN ORGANIZATIONS THAT PERFORM OR Moreover, Bucheit had been promised, a 5- PROMOTE ABORTION OVERSEAS; FORCED ABOR- gentleman from Ohio bringing this TION IN THE PEOPLE’S REPUBLIC OF CHINA year tax moratorium by the Palestinian Author- matter to my attention. Hopefully we SEC. 572. (a) Section 104 of the Foreign As- can begin the process of resolving this ity which was never granted. Rather, Bucheit sistance Act of 1961 is amended by adding at issue even before conference, because I income taxes are automatically deducted on the end the following new subsection. have already instructed my staff to all final payments by the Palestinian Ministry ‘‘(h) RESTRICTION ON ASSISTANCE TO FOR- contact the administration to ask that of Finance. EIGN ORGANIZATIONS THAT PERFORM OR AC- they expeditiously look at this problem The Palestinian Authority agreed to estab- TIVELY PROMOTE ABORTIONS.— lish and supervise a monetary authority in ‘‘(1) PERFORMANCE OF ABORTIONS.— that the gentleman contends exists, ‘‘(A) Notwithstanding section 614 of this which I am sure it does if he says it Gaza, in accordance with international banking Act or any other provision of law, no funds does, and to hopefully resolve it before law. However, Bucheit has found the banking appropriated for population planning activi- that. But if indeed the gentleman’s al- system to be well below international stand- ties or other population assistance may be legations are correct, and I have no ards. made available for any foreign private , non- reason to believe they are not, then we For example, Bucheit has discovered that: governmental, or multilateral organization corporate accounts were opened without prop- until the organization certifies that it will should take immediate steps to have it not, during the period for which the funds corrected. er corporate documentation, corporate checks denominated in dollars were endorsed and are made available, perform abortions in any The CHAIRMAN. The time of the foreign country, except where the life of the gentleman from Ohio [Mr. TRAFICANT] cashed by individuals, without first being de- mother would be endangered if the preg- has expired. posited into the corporate account, canceled nancy were carried to term or in cases of (By unanimous consent, Mr. TRAFI- checks were not returned, corporate funds in forcible rape or incest. ‘‘(B) Subparagraph (A) may not be con- CANT was allowed to proceed for 2 addi- excess of $100,000 were used to guarantee an overdraft facility of a private individual, strued to apply to the treatment of injuries tional minutes.) or illnesses caused by legal or illegal abor- Mr. TRAFICANT. Mr. Chairman, I without knowledge or approval by the corpora- tion, and a letter of guarantee was written by tions or to assistance provided directly to yield to the gentlewoman from Califor- the government of a country. nia, the ranking member of the sub- a bank without notifying Bucheit, in violation of ‘‘(2) LOBBYING ACTIVITIES.—(A) Notwith- committee. Bucheit management's strict instructions. standing section 614 of this Act of any other Ms. PELOSI. I thank the gentleman Mr. Chairman, I ask for your commitment in provision of law, no funds appropriated for for yielding. I am pleased to follow the including report language in the conference re- population planning activities or other popu- port on this bill, directing the Clinton adminis- lation assistance may be made available for lead of our chairman on this issue. He any foreign private, non-governmental, or has been a champion for American tration to settle this matter between Bucheit, OPIC, the Cario Amman Bank, and the Pal- multilateral organization until the organiza- business investment abroad and has tion certifies that it will not, during the pe- called to the attention of foreign lead- estinian AuthorityÐin favor of Bucheit. riod for which the funds are made available, ers problems that our businesses have In many ways, the establishment of a lasting violate the laws of any foreign country con- had in newly emerging democracies peace in the Middle East hinges on the ability cerning the circumstances under which abor- and countries where we are encourag- of the Palestinians to develop the economies tion is permitted, regulated, or prohibited, ing investment. I know he has estab- of the West Bank and Gaza strip. That devel- or engage in any activity or effort to alter the laws or governmental policies of any for- lished his expertise and his standing on opment, to a large degree, will depend on U.S. investment in the region. Bucheit took a eign country concerning the circumstances this issue, and I am pleased to follow under which abortion is permitted, regu- his lead as he stated in the colloquy. considerable risk in investing in Gaza. Through no fault of its own, Bucheit has en- lated, or prohibited. Mr. TRAFICANT. Mr. Chairman, I ‘‘(B) Subparagraph (A) shall not apply to dured significant losses. Unless our Govern- want to thank the chairman of the sub- activities in opposition to coercive abortion ment takes strong action to redress this committee, and I am also glad the or involuntary sterilization. wrong, it will be extremely difficult to convince ‘‘(3) APPLICATION TO FOREIGN ORGANIZA- chairman of the authorizing committee other U.S. companies to invest in Gaza and TIONS.—The prohibitions of this subsection is here because I plan to sit down with the West Bank. apply to funds made available to a foreign the authorizers to see if we could ad- ADDENDUM FROM PETE BUCHEIT organization either directly or as a sub- dress some general language so that contractor or subgrantee, and the certifi- 1. The Palestinian Authority issues all these types of problems can be resolved cations required by paragraphs (1) and (2) bank charters and is responsible for monitor- apply to activities in which the organization through a proper authorizing mecha- ing and governing their local operations. engages either directly or through a sub- nism as well. I again thank the chair- Bucheit was a locally registered company man of the subcommittee for his lead- contractor or subgrantee.’’. with all employees. (b) Section 301 of the Foreign Assistance 2. The PA and the U.S. Government have a ership and his courtesy. Act of 1961 is amended by adding at the end signed agreement wherein the PA guarantees I would like to engage Chairman CALLAHAN the following new subsection: and holds harmless U.S. companies (from in a colloquy on Bucheit International, a com- ‘‘(i) LIMITATION RELATING TO FORCED ABOR- what has happened to Bucheit, i.e., expro- pany in my district that has investments in TIONS IN THE PEOPLE’S REPUBLIC OF CHINA.— priation of its bank account which ulti- Notwithstanding section 614 of this Act or Gaza. mately caused the OPIC loan default and the In 1994, Bucheit International, with the sup- any other provision of law, no funds may be expropriation of its $4.4 million plant). made available for the United Nations Popu- port of the Office of the Vice President, the 3. The PA should not shirk its duties and lation Fund (UNFPA) in any fiscal year un- obligations by blaming individuals or the U.S. Department of Commerce, and Builders less the President certifies that— for Peace, was granted political risk insurance Cairo Amman Bank. Bucheit has complained ‘‘(1) UNFPA has terminated all activities 1 from the Overseas Private Investment Cor- to the PA for 1 ⁄2 years to act and they have in the People’s Republic of China, and the ignored all requests. United States has received assurances that poration [OPIC] to build a concrete molding 4. We demand that Chairman Arafat take UNFPA will conduct no such activities dur- plant in Gaza. immediate steps to reimburse OPIC and ing the fiscal year for which the funds are to In 1995, Bucheit received a $1.1 million loan Bucheit for the money they invested in Gaza from OPIC for the purchase of additional be made available; or before damages (political and financial) go ‘‘(2) during the 12 months proceeding such equipment and working capital. out of control. certification there have been no abortions as After investing $4.4 million in the area, how- AMENDMENT NO. 1 OFFERED BY MR. SMITH OF the result of coercion associated with the ever, Bucheit has experienced transportation NEW JERSEY family planning policies of the national gov- and standards barriers, a mismanaged system Mr. SMITH of New Jersey. Mr. Chair- ernment or other governmental entities of regulations, and unethical, if not illegal, ac- man, I offer an amendment. within the People’s Republic of China. September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6831 As used in this section, the term ‘coercion’ an account separate from accounts of the you really want to protect unborn chil- includes physical duress or abuse, destruc- Fund for other funds; and dren, you will know enough to vote tion or confiscation of property, loss of (B) the Fund does not commingle amounts against this amendment, the so-called means of livelihood, or severe psychological made available to the Fund under this sec- amendment offered by my friend the pressure.’’. tion with other funds. gentleman from New York [Mr. GIL- The CHAIRMAN. Pursuant to the (d) REPORTS.—(1) Not later than February MAN], offered again by some of the order of the House of Thursday, July 15, 1998, and February 15, 1999, the Secretary most prominent leaders of the abortion 24, 1997, the gentleman from New Jer- of State shall submit a report to the appro- priate congressional committees indicating rights movement. sey [Mr. SMITH] and the gentlewoman the amount of funds that the United Nations The ‘‘Dear Colleague’’ letter, and I from California [Ms. PELOSI] will each Population Fund is budgeting for the year in say this with all due respect to its au- control 20 minutes. which the report is submitted for a country thors, simply does not tell the truth. AMENDMENT OFFERED BY MR. GILMAN TO THE program in the People’s Republic of China. Perhaps it is unwitting, but do not AMENDMENT OFFERED BY MR. SMITH OF NEW (2) If a report under paragraph (1) indicates take my word for it. Look at the lan- JERSEY that the United Nations Population Fund Mr. GILMAN. Mr. Chairman, I offer plans to spend China country program funds guage. an amendment to the amendment pur- in the People’s Republic of China in the year It says, and I quote, that the ‘‘Gil- suant to the Solomon unanimous-con- covered by the report, then the amount of man-Pelosi-Campbell-Lowey-Green- sent request of July 24. such funds that the Fund plans to spend in wood-DeLauro-Slaughter amendment The CHAIRMAN. The Clerk will des- the People’s Republic of China shall be de- prohibits all U.S. funds from being ducted from the funds made available to the spent on abortion or abortion counsel- ignate the amendment to the amend- Fund after March 1 for obligation for the re- ment. ing overseas.’’ That is simply not true. mainder of the fiscal year in which the re- Current law does that, but the plain The text of the amendment to the port is submitted. amendment is as follows: letter of the language that is being of- The CHAIRMAN. Pursuant to the fered says nothing of the kind. It was Amendment offered by Mr. GILMAN pursu- order of the House of Thursday, July ant to the unanimous-consent agreement of misleading, and at least one Member July 24, 1997 in lieu of amendment No. 2 24, 1997, the gentleman from New York came to me suggesting that he had printed in House Report 105–184 to the [Mr. GILMAN] and the gentleman from been misled by that. amendment No. 1 printed in House Report New Jersey [Mr. SMITH] will each con- Let me also point out, Mr. Chairman, 105–184 offered by Mr. SMITH of New Jersey: trol 20 minutes. the letter states that the Gilman, Strike all after the title heading and insert The Chair recognizes the gentleman Pelosi and company amendment pro- the following: from New Jersey [Mr. SMITH]. hibits U.S. family planning assistance SEC. . POPULATION PLANNING ACTIVITIES OR Mr. SMITH of New Jersey. Mr. Chair- from going to foreign NGO’s and multi- OTHER POPULATION ASSISTANCE. man, I yield myself 6 minutes. (a) IN GENERAL.—(1) Notwithstanding any lateral organizations that promote other provision of this Act or any other pro- Mr. Chairman, a ‘‘Dear Colleague’’ abortion as a method of family plan- vision of law, none of the funds appropriated letter signed by my good friends and ning. or otherwise made available by this Act for colleagues the gentleman from New My question is, would an abortion population planning activities or other popu- York [Mr. GILMAN], the gentleman done for so-called health reasons, such lation assistance may be made available to from California [Mr. CAMPBELL], and as mental health, be considered or con- pay for the performance of abortions in any the gentleman from Pennsylvania [Mr. foreign country, except where the life of the strued as an abortion done as a method GREENWOOD] came to my attention by a mother would be endangered if the fetus of family planning? And of course we were carried to term or in cases or rape or colleague who came this close to being all know the answer to that. What incest. deceived by it. The bold headline read about a woman whose birth control (2) The limitation contained in paragraph and I quote from the letter, ‘‘Gilman- method has failed? It is interesting (1) shall not apply to the treatment of inju- Pelosi-Campbell-Lowey-Greenwood- that Planned Parenthood itself says ries or illness caused by unsafe abortions. DeLauro-Slaughter oppose abortion that no abortion is ever done as a mat- (b) LIMITATION ON LOBBYING ACTIVITIES.— and support voluntary family plan- (1) Notwithstanding any other provision of ter of birth control. Adopt this amend- this Act or any other provision of law, none ning.’’ I looked at that headline again ment offered by my good friend the of the funds appropriated or otherwise made and again and thought, that looks just gentleman from New York, and you available by this Act for population planning like one of my letters. render the policy of the underlying lan- activities or other population assistance Did the leading activists in the abor- guage absolutely meaningless. may be made available to lobby for or tion rights cause, did the seven Mem- As it relates to the Mexico City Pol- against abortion. bers whose abortion advocacy is so ex- icy, and I would remind Members dur- (2) The limitation contained in paragraph treme that they are opposed even to ing the Reagan and Bush years, abor- (1) shall not apply to activities in opposition the partial-birth abortion ban that was to coercive abortion or involuntary steriliza- tion as a method of family planning tion. before this body recently, had they had a precise definition, the definition SEC. . UNITED NATIONS POPULATION FUND. done an about face and joined the pro- that is contained in our amendment, (a) LIMITATION.—Subject to subsections (b), life cause? Are the seven most pro- the Hyde - Barcia - Smith - Oberstar (c), and (d)(2), of the amounts made available abortion Members of this House really amendment, and that is no funding ex- for each of the fiscal years 1998 and 1999 to offering a right-to-life amendment? I cept in cases of rape, incest, or life of carry out apart I of the Foreign Assistance mean, that would be truly historic. the mother. Act of 1961, not more than $25,000,000 shall be I do not think so. In judging their My simple question to the gentleman available for each such fiscal year for the amendment, you might for starters af- United Nations Population Fund. from New York [Mr. GILMAN] today is, (b) PROHIBITION ON USE OF FUNDS IN ford them the same amount of credibil- and I would ask him to respond if he CHINA.—None of the funds made available ity to offer a right-to-life amendment would, is that his definition? That is under this section shall be made available that you would give to me or to the the longstanding definition of the Mex- for a country program in the People’s Repub- gentleman from Illinois [Mr. HYDE] or ico City Policy. Is that his definition, lic of China. to the gentleman from Michigan [Mr. which again is clearly delineated in our (c) CONDITIONS ON AVAILABILITY OF BARCIA] or to the gentleman from Min- amendment? FUNDS.—(1) Not more than one-half of the amount made available to the United Na- nesota [Mr. OBERSTAR] if we tried to Mr. GILMAN. If the gentleman will tions Population Fund under this section convince you that we were offering a yield, I would reserve the opportunity may be provided to the Fund before March 1 pro-abortion amendment. Somehow to respond as part of my remarks, and of the fiscal year for which funds are made you would know that if you really I will be pleased to respond to the gen- available. wanted to promote abortion around the tleman’s question. (2) Amounts made available for each of the world, you should vote against an Mr. SMITH of New Jersey. I would fiscal years 1998 and 1999 under part I of the amendment by some of the most hope the gentleman would define it in Foreign Assistance Act of 1961 for the United prominent pro-life leaders in the Con- Nations Population Fund may not be made detail. available to the Fund unless— gress no matter what we decided to call Let me just say that there is vague- (A) the fund maintains amounts made it. It would not pass the straight face ness in the language that is contained available to the Fund under this section in test. And you would be right. And if before us promoting abortion as a H6832 CONGRESSIONAL RECORD — HOUSE September 4, 1997 method of family planning. When we ning programs would accept the Mexico the gentleman from California [Mr. look at it, it is not even the worst City Policy but would apply it only to CAMPBELL], the gentlewoman from thing about the so-called perfecting organizations that promote abortion as California [Ms. PELOSI], the gentle- amendment. There is one point that a method of family planning. We would woman from New York [Ms. SLAUGH- there is no ambiguity about it. If the accept the restrictions blocking funds TER], the gentlewoman from Connecti- amendment is adopted, it will abso- to organizations which lobby for or cut [Ms. DELAURO], and the gentle- lutely be legal for U.S. family planning against abortion laws but would apply woman from New York [Mrs. LOWEY] grantees and contractors to perform this restriction only to organizations for working with us to craft this bipar- abortions, as many as they like, under that promote abortion as a method of tisan amendment, and I urge Members whatever circumstances they like over- family planning. to adopt this amendment to the seas. Most important, we agree to cut off amendment by the gentleman from The Mexico City Policy I would re- all funds to the U.N. Population Fund New Jersey [Mr. SMITH]. mind Members had two important pro- if the fund restarts any program in Mr. Chairman, to control the balance hibitions to it. First, foreign organiza- China. As we all know, we have worked of my time, I yield to the gentleman tions could not get U.S. family plan- tirelessly on behalf of human rights in from Pennsylvania [Mr. GREENWOOD], ning money if they performed abor- China, many of us have done that, and who has done so much to support chil- tions overseas except in rape, incest, I have joined the gentleman from New dren, to support their mothers, in our and life of the mother situations. Sec- Jersey [Mr. SMITH] and the gentle- voluntary family planning program. ond, they could not get the money if woman from California [Ms. PELOSI] on Ms. PELOSI. Mr. Chairman, I rise in they promoted abortion overseas, again countless efforts to help the victims of support of the Gilman-Pelosi-Camp- with the same three exceptions. human rights abuses in China. bell-Lowey-DeLauro-Slaughter-Green- As I have pointed out, I believe that Recognizing the serious situation wood amendment, and associate myself this amendment that is being offered there, we are willing to send a message with the remarks of the distinguished by my friends on the other side of this to the United Nations that no U.N. pop- chairman of the Committee on Inter- issue is vague and it will give the Clin- ulation program should move forward national Relations in acknowledging ton administration a blank check to do until the situation in China changes in the bipartisan nature of this amend- whatever it wants to do in the area of a major way. I think that is a major ment, and commend the gentleman promotion of abortion. But to take out concession. In past bills we offered to from Pennsylvania [Mr. GREENWOOD] the performance part, which this reduce our contribution to the U.N. for his leadership on it and in strong amendment guts, means that again Population Fund by the amount it opposition to the Smith amendment. they can perform abortions for gender spent in China. Now we are willing to Our effort, and we worked hard and selection or for any other reason and accept a total cutoff of funds if a pro- long on this, was the result of listen- still get a fat payday from Uncle Sam. gram is restarted. ing, listening, listening to our col- The Smith-Barcia-Hyde-Oberstar I will remind Members that as of leagues’ concern about this issue over amendment on the other hand is clear today, the U.N. Population Fund has the years. As a result, our amendment and nonambiguous. The pro-abortion no program in China. The previous pro- has two parts to it. killer amendment injects sweeping gram has expired and the Fund has The first part says that if the U.N. vagueness and gives the administration only an office in Beijing that is used to family planning is involved in China, a blank grant of authority to pour hun- manage its program in Mongolia. If a they will receive no funding. We yield dreds of millions of dollars into the program is started, then we would that point to the gentleman from New overseas abortion industry, which agree with the gentleman from New Jersey [Mr. SMITH]. He has fought that means in the end, Mr. Chairman, more Jersey to cut off all such funding. That fight. Members on both sides of the dead babies and more injured mothers. should put the matter of China to rest. aisle expressed their concern about the Let us not kid ourselves. The Gil- The key issue before us is whether or forced abortion policies in China. We man-Pelosi amendment is a killer not our Nation will continue its 30-year concede that point because that was a amendment and if it were to pass lead supporting voluntary family plan- time when that point was being recon- today, and I do not think it will, but if ning. Family planning reduces popu- sidered. it were I would ask every pro-life Mem- lation pressures that damage our envi- Second, Members have said they ber of this Chamber to vote no on the ronment, destabilizes governments, want a separation between family plan- underlying amendment because I think and suppresses economic growth. Most ning and abortion. We do, too. We re- that is better than adopting a sham. important, voluntary family planning ject abortion as a form of family plan- Mr. Chairman, I urge Members to has proved to be the best way to im- ning. We say that family planning is vote ‘‘no’’ on this perfecting amend- prove the survival of mothers and chil- the best way to reduce the number of ment and yes on the underlying amend- dren by increasing the interval be- abortions, and this amendment would ment. Let us erect that wall of separa- tween births. Voluntary family plan- disqualify any organization from any tion between abortion and family plan- ning also frees women to choose when assistance here for any foreign and ning and then the money can flow un- they will have children, allowing them ungovernmental and multilateral orga- fettered to those organizations that to advance in school and the workplace nization that, with U.S. funds or with will no longer be in the abortion busi- where unintended pregnancies have their own funds, promote abortion as a ness. held them back. Most important, the method of family planning. It would Mr. GILMAN. Mr. Chairman, I yield best way to stop abortions is to stop also prohibit U.S. family planning as- myself 4 minutes. unintended pregnancies. sistance to organizations unless they Mr. Chairman, I rise to offer this use those funds to prevent abortion as b amendment on behalf of myself, the 1445 a method of family planning. gentlewoman from California [Ms. Voluntary family planning is the We have built this firewall. We have PELOSI], the gentleman from Penn- best way to stop unintended preg- separated abortion and family planning sylvania [Mr. GREENWOOD], the gentle- nancies, and, therefore, Mr. Chairman, as is appropriate. We have cut off fund- woman from New York [Ms. SLAUGH- any opportunity for abortion. ing unless it can be certified that the TER], the gentleman from California With regard to the gentleman’s in- UNFPA is not involved in the program [Mr. CAMPBELL], the gentlewoman from quiry about abortion used as a method in China. Connecticut [Ms. DELAURO] and the of family planning, I note that this was I urge my colleagues to accept this, I gentlewoman from New York [Mrs. common in many countries, especially believe, smart alternative to the gen- LOWEY]. the former Soviet Union. tleman from New Jersey’s [Mr. SMITH], Our amendment marks a significant I will also note our amendment alter- which accomplishes all that we want to turn in the seemingly endless debate native has teeth. It accepts the major do to reduce the number of abortions about the Mexico City Policy. Under portions of Mr. SMITH’s amendment. while promoting international family our amendment, Mr. Chairman, the I want to commend the gentleman planning which in turn will reduce the supporters of voluntary family plan- from Pennsylvania [Mr. GREENWOOD], abortions. September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6833

Mr. Chairman, with that, I reserve abortion as a method of family plan- tleman from New Jersey [Mr. SMITH] the balance of my time. ning. must be after something more, and Mr. SMITH of New Jersey. Mr. Chair- Mr. Chairman, H.R. 2159, as reported that something is family planning. man, I yield myself such time as I may from the House Committee on Appro- One of the most important forms of consume. priations, would allow hundreds of mil- aid that we provide to other countries I ask the gentleman from New York lions of U.S. taxpayers’ dollars to fund is family planning assistance. No one [Mr. GILMAN] and I would ask the gen- the international abortion industry. can deny that the need for family plan- tlewoman from California [Ms. PELOSI] Today, we will hear that we must ning services in developing countries is if they would answer this: Under the protect the lives and help the women urgent and the aid we provide is both Agency for International Develop- and children across the globe by pro- valuable and worthwhile. Nearly 600,000 ment’s policy, during the 1980’s and viding the necessary economic relief, women die each year of causes related early 1990’s, before Mr. Clinton, there and we will be told that supporting to pregnancy and childbirth, most liv- was a clear definition as to what abor- population funds is not a vote about ing in developing countries. tion is, a method of family planning. It abortion. But, Mr. Chairman, this is Mr. SMITH of New Jersey. Mr. Chair- was abortions except in cases of rape, false and misleading. U.S. family plan- man, I yield 2 minutes to the gen- incest, or life of the mother. ning funds are subsidizing groups in tleman from Illinois [Mr. HYDE]. Now to legislate ambiguity and foreign countries that do provide abor- Mr. HYDE. Mr. Chairman, I con- vagueness and just toss it all over to tions. Millions of U.S. taxpayers’ dol- gratulate the gentleman from New Jer- the White House and say, ‘‘You de- lars have enabled organizations to ex- sey for his leadership in this very dif- cide,’’ I asked AID how they would de- pand their field of operations and per- ficult and complicated issue, but actu- fine the Gilman amendment. They do form even more abortions. ally this issue we are dealing with not have a clue. They said, ‘‘Look at In fact, the International Planned today is not all that complicated. The what goes on on the House floor.’’ I Parenthood Federation and other orga- difference is between two words, per- would hope during the course of this nizations, heavily subsidized by U.S. form and promote. debate that my friends on the other dollars, have been active and out- The amendment that the gentle- side will say yes, there is health abor- spoken in trying to change the laws of woman from California and the distin- tions, gender-selection abortions, so- countries regulating or prohibiting guished gentleman, and I do not see called sex-selection abortions. What abortion. him here now, from New York [Mr. GIL- are we talking about? Mr. Chairman, this amendment is MAN] is offering goes halfway. It denies Ms. PELOSI. Mr. Chairman, would necessary and consistent with our sys- funds to organizations that promote the gentleman yield? tem of laws and heritage. We must not abortion. Unfortunately, it does not Mr. SMITH of New Jersey. I yield to be fooled by the false claims of many use the word ‘‘perform,’’ and I do not the gentlewoman from California. international population groups who care what they promote, it is the per- Ms. PELOSI. On the gentleman’s claim that this is not an abortion issue formance that counts. That is where time, I am pleased to answer the ques- because it clearly is. the homicides occur or the feticides tion that he just posed, what are we As lawmakers, we have a responsibil- occur, that is where the unborn chil- talking about? The gentleman asked ity to protect the lives of the very dren are destroyed, in the womb. what do we mean by abortion as a form youngest, most vulnerable of American Ms. PELOSI. Mr. Chairman, will the of family planning. Abortion as a citizens, and, in addition, we must pro- gentleman yield? method of family planning in the Gil- tect the sacred little lives in foreign Mr. HYDE. I yield to the gentle- man-Pelosi amendment means abor- countries where we are providing finan- woman from California. tion that is used as a substitute for cial assistance for international family Ms. PELOSI. The gentleman knows contraception. planning programs. As such, we must full well because he has been such a Mr. SMITH of New Jersey. Reclaim- prevent the abuse of taxpayers’ dollars leader in this field that U.S. law pro- ing my time, this is the problem. When from providing excessive subsidies to hibits any funds from going to any or- the administration says that it does organizations that perform and pro- ganizations for the performance of an not know what it means, and we sent mote overseas abortions. abortion. them a copy of the amendment exactly Mr. Chairman, I urge my colleagues The law prevents that. We are just as it was proposed, it suggests to me today to support responsible family going beyond that. that we are playing a game here that planning and vote for the Smith Mr. HYDE. The gentlewoman from we will then act as if we are doing amendment and against the Gilman- California would have no objection something when, frankly, my col- Pelosi-Campbell-Lowey amendment. then to including ‘‘perform’’ along with leagues, we are doing absolutely noth- Ms. PELOSI. Mr. Chairman, I yield 1 ‘‘promote’’ in the amendment? ing. minute to the gentlewoman from New Ms. PELOSI. It is already prohibited. As my colleagues know, I have been York [Mrs. LOWEY], a cosponsor of the It is already prohibited. in this body 17 years, and it galls me, amendment. Mr. SMITH of New Jersey. Mr. Chair- and it should gall each of us, when we (Mrs. LOWEY asked and was given man, will the gentleman yield? do not legislate with preciseness, and permission to revise and extend her re- Mr. HYDE. I yield to the gentleman that is what our amendment does. It marks.) from New Jersey. says there are three instances: rape, in- Mrs. LOWEY. Mr. Chairman, I rise in Mr. SMITH of New Jersey. The prob- cest, and life of the mother; they are strong opposition to the Smith amend- lem here is that performance, the exceptions. But after that we are talk- ment and in support of the Gilman- Helms amendment of 1973 said very ing about no promotion of abortion. Pelosi amendment. simply, direct funding. What was found Mr. Chairman, I yield 3 minutes to The amendment offered by the gen- to be very infirm about that language, the gentlewoman from Idaho [Mrs. tleman from New Jersey [Mr. SMITH] is and that is why the Mexico City policy CHENOWETH]. just an extreme piece of legislation was constructed in the early 1980’s Mrs. CHENOWETH. Mr. Chairman, I that aims to end family planning aid under the Reagan administration, was come forward today to express my overseas. What our amendment will do that it was like Swiss cheese. It was strong support for the Smith-Barcia- is ensure that voluntary preventive not stopping the performance of abor- Hyde-Oberstar amendment that would family planning services continue. tions by the very people that we heav- essentially restore the two policies The gentleman from New Jersey [Mr. ily subsidize in the developing world. that were in effect during the Bush and SMITH] claims that his amendment They were the abortion mills. We were Reagan administrations. simply cuts abortion funding. What he giving them $500,000 here, and then One concerns future U.S. funding of has not told us is that abortion funding they would say, and it is not totally the United Nations Population Fund, overseas has been prohibited since 1973. concluded that they did not do this, and the second is intended to prevent His amendment would cut abortion they would say, ‘‘Oh, we’re not going to U.S. funding of nongovernmental orga- funding from zero to zero. Therefore, use your money to kill the unborn ba- nizations which performs and promotes the amendment offered by the gen- bies, we’ll use our own.’’ H6834 CONGRESSIONAL RECORD — HOUSE September 4, 1997 The problem with that is who we give ples access to family planning informa- abortion as vigorously as they want, so to does matter. If they were absconding tion, and increase, not decrease, abor- long as the Clinton administration was with funds and theft was the issue, this tions. willing to certify that these abortions so-called lying of accounting would be On the other hand, the Gilman-Pelosi were not done as a method of family meaningless. et al. amendment would emphasize planning. The Smith-Barcia amend- The issue comes down to whether or U.S. commitment to prevention of ment, in contrast, would prohibit our not we want to give to organizations abortion. Organizations could continue grantees from either performing or pro- that are promoting and doing abortions their current uses of USAID population moting abortion, except in three cases on demand, and that is the essence of funds to increase family planning in- clearly defined: rape, incest, and dan- our amendment and it is simplicity. formation and services, along with sup- ger to the life of the mother. Their amendment absolutely guts it. portive investments in related health Mr. Chairman, when it comes to pro- Ms. PELOSI. Mr. Chairman, would and population activities, which to- tecting human life, we must choose the gentleman further yield so I can gether result in more couples using precision and clarity over vagueness answer his question? contraceptive methods, and therefore, and uncertainty. Please vote no on the Mr. HYDE. Mr. Chairman, I would in prevention of unintended preg- substitute, and yes on the Smith- rather the gentlewoman from Califor- nancies and abortions. Barcia-Hyde-Oberstar amendment. nia use her time. Furthermore, under the amendment, Ms. PELOSI. Mr. Chairman, I am Mr. Chairman, how much time have I funding would be prohibited to any or- pleased to yield 1 minute to the distin- got left? ganizations that ‘‘promote abortion’’ guished gentleman from Ohio [Mr. The CHAIRMAN. Fifteen seconds. as a method of family planning. SAWYER]. Mr. HYDE. Mr. Chairman, will the We in this Chamber have discussed (Mr. SAWYER asked and was given gentleman yield me an additional 15 this before. We know that this vote is permission to revise and extend his re- seconds? about family planning, not abortion. marks.) Mr. SMITH of New Jersey. I yield an We know that to reduce abortion, we Mr. SAWYER. Mr. Chairman, I rise additional 15 seconds to the gentleman must increase access to family plan- today in support of the substitute and from Illinois. ning. We know that women with access against the Smith amendment. Mr. HYDE. Mr. Chairman, I just want to family planning space their preg- Without the support of U.S. inter- to take issue with a line in the Planned nancies, producing healthier children; national family planning funds, count- Parenthood fact sheet that says there and we know that lack of access to less millions in developing countries is no evidence that abortions exist for contraceptives leads to abortion, legal will have no access to information and gender selection, a problem that does or otherwise. services that most of us take for grant- not exist. I recently read a news article Access will reduce maternal deaths ed. This information is especially im- about families in British Columbia of from illegal abortions. Almost 600,000 portant in the developing world, where the Sikh religion who when the females women die annually during pregnancy population, driven by an uncontrolled get pregnant they have a determina- and childbirth, including 75,000 due to demographic inertia to explosive levels tion as to whether it is a little male or unsafe abortion, UNICEF figures. of growth, threatens the fragile stabil- a female. If it is a female, they travel There are many more facts that we ity of political and social systems. into the State of Washington where an have with regard to the fact that fam- Population stability is essential to abortionist has a clinic, a mobile clin- ily planning will prevent abortion. ensuring adequate resources for future ic, to perform gender-selection abor- Vote for the Gilman-Pelosi amend- populations and real sustainable devel- tions, because their custom is to have ment. opment. a rather large dowry with the little fe- Mr. SMITH of New Jersey. Mr. Chair- United States assistance is grounded male girl when she gets married and man, I yield 2 minutes to the gentle- in a fundamental American value, the they cannot afford it so they have a woman from North Carolina, [Mrs. freedom of people to choose their own gender-selection abortion. MYRICK]. future, to space and plan their families, The CHAIRMAN. Without objection, Mrs. MYRICK. Mr. Chairman, I urge to reduce infant mortality, and to give the gentleman from Pennsylvania [Mr. a yes vote on Smith-Barcia-Hyde-Ober- children a healthy start in life. That is GREENWOOD] will control the time of star, which will restore the pro-life what this is really all about. the gentleman from New York [Mr. Mexico City policy; and a no vote on Family planning saves lives. It re- GILMAN], and the gentleman from the Gilman-Pelosi-Campbell-Lowey- duces abortions, reduces infant and Pennsylvania is recognized. Greenwood-DeLauro-Slaughter amend- childbirth-related mortality, and helps There was no objection. ment, which would substitute vague- those in developing countries live Mr. GREENWOOD. Mr. Chairman, I ness for clarity and, therefore, defeat healthier lives. yield 2 minutes to the gentlewoman the purpose of this important pro-life The Smith amendment would end from Maryland [Mrs. MORELLA]. policy. family planning services and lead to Mrs. MORELLA. Mr. Chairman, I rise The question before the House is sim- more unintended pregnancies, more un- in strong opposition to the Smith ple: Should the United States give safe abortions, tragically, and more in- amendment and very much in favor of many millions of dollars for family fant and childbirth-related mortalities. the Gilman-Pelosi et al. amendment. planning programs to organizations ac- Mr. Chairman, I urge my colleagues The amendment offered by the gen- tively engaged in performing abortions to vote to save lives and to vote for the tleman from New Jersey [Mr. SMITH] overseas? Pelosi substitute against the Smith strikes directly at women’s rights to When we choose the surrogates in amendment. access family planning information to foreign countries, the groups that will Ms. PELOSI. Mr. Chairman, I yield space and time their pregnancies to represent our country in matters relat- 11⁄4 minutes to the distinguished gen- suit the needs of their families. ed to family planning and population tleman from Michigan [Mr. LEVIN]. As my colleagues know, access to control, do we really want to choose Mr. LEVIN. Mr. Chairman, I heard family planning information and con- organizations that are known pri- the discussion of the gentleman from traception decreases abortion. The gen- marily as abortion providers? What Illinois [Mr. HYDE] and the gentleman tleman from New Jersey, by cutting off message does this send about American from New Jersey [Mr. SMITH] and I funding of organizations solely because values? would like to quickly respond, to put they have an opinion on abortion will The substitute amendment would this in perspective. deny money to those groups which substitute a vague, and therefore, un- When I was Assistant Administrator have been most effective in preventing enforceable standard, promoting abor- of AID in the late 1970’s, we faced this unwanted pregnancies. tion as a method of family planning for very issue of fungibility, so we set up the clear and precise standard in the methods to make sure that American b 1500 Smith-Barcia amendment. dollars were insulated from any ex- The amendment would endanger Under the substitute language, U.S. penditure for abortion-related activi- women’s health, deny women and cou- family planning grantees can promote ties. September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6835 We faithfully carried out the Helms with the family planning agency be- to be truly honest about what the real amendment. It mostly related to IPPF. cause it also offers advice on abortion, issue is. It does not spend any substantial you would prevent the opportunity for It is like Ms. PELOSI’s amendment. Is amount of its own funds, its central giving family planning advice that it a straightforward amendment that funds, on abortion-related activities. It would prevent second abortions, third addresses the issue that we are talking has affiliates that spend its funds. abortions, fourth abortions. about, or is it an amendment that is These are essentially semiautonomous Let me get into some of the statis- somewhat less than straightforward so or autonomous affiliates who raise tics, because it is fascinating how the we can cloud the issue? their moneys in countries where abor- use of family planning has prevented We all want the same thing. We just tion is legal. those subsequent abortions. disagree on how we get there. And I The result of the Mexico City policy The AID studies tell us that in Tan- have the utmost respect for Ms. PELOSI is, we could not give any funds to any zania, Egypt, Turkey, Kazakhstan, and her views, and she represents a organization that had any affiliate Hungary, and Russia, studies they have very different part of the country than that spent the funds it raised for any- made in each category of each country, I do. But we ought to keep in mind that thing relating to abortion. That meant when opportunities were available for we do want the same thing, and that we would prevent an organization from contraception, incidence of abortion there is a large body in this country being in family planning because, in a dropped dramatically. and in this House that says this is a third degree, some affiliate spent some It would be the wish of everyone in worrisome area to us, this idea of abor- money it raised in its local country for this debate that the incidence of abor- tion. something that was legal in this coun- tion be eliminated in this world. But So let us be very, very honest about try. we face today an imperfect world, and what we are doing and not try to trick That is why this effort really strikes if you say to a woman, you may go and the American public. The fact is, there at family planning throughout the seek advice, but the agency from which are some disagreements on how we do world, and why we should turn it down. you seek advice cannot offer you help it. Let us vote to make sure we get Mr. SMITH of New Jersey. Mr. Chair- on abortion, she will not go there. And family planning money there. man, I yield 1 minute to the gentleman then that woman may have a second, Ms. PELOSI. Mr. Chairman, will the from Arkansas, [Mr. HUTCHINSON]. third, and fourth abortion, the horrors gentleman yield? Mr. HUTCHINSON. Mr. Chairman, I that my colleagues have presented to Mr. COBURN. I would just like to fin- rise in support of the Smith-Barcia- us. ish my point, and if I have any time Hyde-Oberstar amendment. Our tax So in good faith, if your concern is to left, I will be happy to. I think the gen- dollars should not support countries prevent the incidence of abortion, then tlewoman controls some time on her and organizations that use abortion as please support family planning and rec- side. a family planning tool. ognize that you cannot have it both Ms. PELOSI. The gentleman was Every year since 1985 we have denied ways. If you wish to encourage women questioning the honesty of our pro- funds to the United Nations Population not to have an abortion, then get them posal. Fund because it provides financial sup- into family planning counseling, a fam- Mr. COBURN. Mr. Chairman, I think port for programs that support over- ily planning clinic, family planning ad- the gentlewoman has plenty of time to seas abortions. vice, as quickly as possible, and do not answer that. Mr. Speaker, in 1993, the administra- tell them that if you go to this particu- Mr. Chairman, I would even propose tion changed the rules and reinter- lar family planning counseling, advice, that we might increase those funds. preted U.S. law in order to claim oppo- service, you cannot receive the advice But I think we ought to be very careful sition to coercive population programs, you seek because of U.S. law. about what we want and what the but then actually provide for their fi- Mr. SMITH of New Jersey. Mr. Chair- truth is in terms of what really hap- nancial support. The administration man, I yield 21⁄2 minutes to the gen- pens in international family planning. does this by prohibiting our tax dollars tleman from Oklahoma [Mr. COBURN]. I will support the will of this House, from providing direct support for Mr. COBURN. Mr. Chairman, I would regardless of how this vote comes out, forced abortions or sterilizations, but like to comment a little bit on what we because I think it is important that that does not stop our money from have heard here today. women do have this service. freeing up funds in other accounts to First of all, I would like to make Ms. PELOSI. Mr. Chairman, I yield be used for these inhumane acts. This clear, as a practicing physician and ob- myself such time as I may consume to deception must end. stetrician, I believe in family planning. respond briefly to the gentleman, who The Smith amendment simply inter- I believe that women should be coun- was questioning the integrity of our prets U.S. law as it was originally in- seled and offered the opportunity. But proposal while saying that he recog- tended. It stops all payments for orga- I also do not believe that one of those nized the need for international family nizations that support and provide options ought to be the termination of planning. It is interesting to hear him abortion services. the life. And as the gentleman from say that in light of the fact that he As a nation deeply concerned about California just alluded to, it is his hope just voted for the Paul amendment human rights abuses, we have no busi- we would prevent further abortions, which would have eliminated all the ness sending such signals. For these that is not really what happens. Often- funding for international family plan- reasons, I urge a ‘‘yes’’ vote on the times they come and get talked into an ning in the bill. Smith amendment. abortion; and then they are very upset Mr. Chairman, I am pleased to yield Mr. GREENWOOD. Mr. Chairman, I about that after the fact. 1 minute to the gentlewoman from New yield 2 minutes to the gentleman from So if we, as a country, truly are con- York [Ms. SLAUGHTER], a member of California, [Mr. CAMPBELL]. cerned about women in the Third the Committee on Rules. (Mr. CAMPBELL asked and was World and their ability to have a Ms. SLAUGHTER. Somebody has to given permission to revise and extend choice of not reproducing, then what speak for the millions of women around his remarks.) we ought to do is do the best we can this world who desperately want access Mr. CAMPBELL. Mr. Chairman, the and, at the same time, offer real con- to family planning. Even with the fam- important distinction between what cern that this body has had for a long ily planning money, we don’t reach the Smith amendment provides and the period of time that this other option, enough of them. Pelosi-Greenwood amendment provides with which we have much difficulty Pregnancy and childbirth are very is this: Many women seek family plan- ourselves in terms of our debate in this risky propositions for women in many ning counseling after they realize that body. parts of this globe that lack elec- they are pregnant. I wish it were not I would agree with what Mr. CAMP- tricity, running water, medical equip- so, and I am sure everybody agrees BELL said. The real problem is unin- ment or trained personnel. In Africa, a with me that they wish it were not so. tended pregnancy. It is not abortion. It woman has a 1 in 16 chance of death But as a result, if you deny any oppor- is a shame that our body continues to from pregnancy and childbirth during tunity for the United States to assist get hung up on this issue. But we have their lifetime—585,000 women die from H6836 CONGRESSIONAL RECORD — HOUSE September 4, 1997 bodies that are worn out from child they gather the water, they till the tion to the use of taxpayer funds for bearing, child after child, who simply fields, and they tend to the children. the promotion and performance of cannot take another. They have no other opportunity to par- abortions. The Smith amendment And there are complications from ticipate in family and community de- would prevent the use of U.S. tax- pregnancy. For each one that dies, 100 velopment beyond these tasks. These payers’ moneys, which now give large others suffer from associated illnesses women are not offered the opportunity subsidies to organizations that provide and permanent disabilities, including to be educated, no chance at all; They or lobby for abortions at any time. sterility. are not given the chance to bring any- We must not allow our hard-earned Studies indicate if we can space a thing economically to the table, to money to go to these groups. By pass- child for 2 years apart, we can prevent their families, where it is valued. ing the Smith amendment today, we an average of 1 in 4 infant deaths. It seems to me it is time that we will in fact prevent hundreds of mil- We are talking about saving people’s value women across the world. They lions of U.S. taxpayer dollars from lives here. Who are we in the United should be valued for their minds and being used to fund the international States, where we have so much and so their potential to add to the global abortion industry, for it is an industry. much has been given to us, that we can community. It seems to me as long as Specifically, the amendment would, say to people who have almost nothing, we prevent women from being able to first, prohibited funding of the U.N. we are not going to give you the infor- space and number their children Population Fund if it continues to mation or the knowledge that you need through voluntary family planning, comply with China’s coercive and abu- to save your life and to save your fami- which is what the Smith amendment sive abortion program. It is not a fam- ly’s? will do, we are undervaluing them in a ily planning program, it is an abortion This is the cruelest kind of family way that is cruel and wrong. program. planning of all, to let women die from It is time that we stand up for vol- Second, it would restore the Mexico excess pregnancies or self-induced untary family planning throughout the City policy, which prohibits inter- abortions. world. Abortion is not a issue in this. national family planning groups from b 1515 None of us favor abortion as a method receiving our taxpayer dollars if they of family planning. All of us oppose the in fact promote abortion as a so-called Mr. SMITH of New Jersey. Mr. Chair- use of any funds, especially public method of family planning. man, I yield myself 30 seconds to re- funds, for abortion in any way. We sup- Mr. Chairman, I urge my colleagues spond briefly that nothing in my port voluntary family planning because to pass the Smith amendment today, amendment or the amendment offered we support women and their role in so- so our hands and our dollars are not by the gentleman Illinois [Mr. HYDE] ciety. further tainted with the worldwide and the gentleman from Michigan [Mr. Ms. PELOSI. Mr. Chairman, I am killing of the innocent unborn. We BARCIA] and the gentleman from Min- pleased to yield 1 minute to the gentle- must put an end to infanticide. Abor- nesota [Mr. OBERSTAR] cuts family woman from Colorado [Ms. DEGETTE]. tion is not family planning, it is mur- planning. It holds harmless the amount Ms. DEGETTE. Mr. Chairman, I guess der. I urge my colleagues to reject the of money. I do not understand some of the argu- bogus Pelosi amendment, which is This policy, known as the Mexico ments in favor of the Smith amend- being presented today as a pro-life City Policy, first announced at a U.N. ment, because it seems to me that if we vote. conference in 1984, separates abortion oppose unnecessary abortions, as I do, Mr. GREENWOOD. Mr. Chairman, I from family planning. So you can have and as I think everyone here does, then yield myself 31⁄2 minutes. it both ways. You can say you are pro- we would support the Gilman-Pelosi Mr. Chairman, the gentleman from life and also pro-family planning, be- amendment and oppose the Smith New Jersey began his remarks by indi- cause the money will flow to those or- amendment. cating that he found it disingenuous ganizations that divest themselves of The Smith amendment would cause that those of us who have drafted this killing unborn children with suction women in developing countries to face amendment would advertise it as an machines or with injections of high more unwanted pregnancies, more pov- amendment designed to prevent abor- concentrated salt or any of the other erty, and more despair. What it would tion. hideous methods that are used to kill do is prevent birth control information The gentleman’s argument seems to and abuse and destroy unborn babies. and family planning information from rely on a myth. The gentleman’s myth Mr. GREENWOOD. Mr. Chairman, I going to women in developing coun- is that there are two kinds of Ameri- yield 2 minutes to the gentleman from tries who desperately need it. It will cans. There are Americans who are op- Illinois [Mr. PORTER]. increase abortions and it will jeopard- posed to abortion and want fewer of Mr. PORTER. Mr. Chairman, I thank ize the health of millions of women and them, and there are Americans who my colleague, the gentleman from children internationally. want more abortions, who favor abor- Pennsylvania, for his tremendous lead- The Smith amendment will deny tions. That is the myth, that is the ership on this issue, and thank him for funding to international family plan- damning myth that makes this debate yielding me time. ning organizations who are giving so difficult to overcome. Mr. Chairman, the Gilman-Pelosi women desperately needed reproduc- The fact of the matter is that there amendment will allow family planning tive health services and delivering is one kind of American on this issue, services in the Third World to con- vital pre- and post-natal care. I do not and those are all of us Americans who tinue, while safeguarding the see anybody else who is going to do want fewer abortions in this country fungibility of funds for abortion serv- that, other than the fine organizations and around the world. ices. This amendment will allow U.S. who are performing those services now. This language is offered as a com- funds to be used only by private and For that reason, I would oppose the promise. We acceded to the gentle- multilateral organizations that do not Smith amendment and support the Gil- man’s view on China because we share promote abortion as a method of fam- man-Pelosi amendment. his concern about coercive abortion in ily planning. I do not know, Mr. Chair- Mr. SMITH of New Jersey. Mr. Chair- China. We have a difference of opinion, man, how this could be any clearer. man, I yield 2 minutes to the distin- probably, about what the effect of the The Gilman-Pelosi amendment pro- guished gentlewoman from Florida American presence might be on that vides this important funding and ad- [Ms. ILEANA ROS-LEHTINEN]. coercive abortion, but we acceded to dresses the concerns of those who Ms. ROS-LEHTINEN. Mr. Chairman, that. That is a huge compromise on our would support the Smith amendment. I thank the gentleman from New Jer- side. Mr. Chairman, this debate is not sey for his many years of leadership on Then we said this. When all the about abortion, it is about women. It is this important issue for us in the myths are put aside and we look at the about whether women, poor women in House. real world, here is what happens in the the developing world, will be allowed Mr. Chairman, I rise today to reit- real world. In a place like Kazakhstan, to use their minds and choose their fu- erate my support for the rights of the in a place like Romania, in a place like ture. Today, they gather the firewood, unborn, and to state my strong opposi- Russia, where family planning is not September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6837 available, women have repeated abor- ment does. It does not expand or con- b 1530 tions. It is a horror. It is bad for their tract the pool of funds available for So, therefore, it is even more impor- health. It is bad for their mental population planning. tant that we in the United States pur- health. It is no way to prevent preg- Ms. PELOSI. Mr. Chairman, I am sue international family planning prin- nancy. It is no way to plan the number pleased to yield 1 minute to the distin- ciples that are consistent with the of children in a family. guished gentlewoman from Connecti- kinds of values we want to represent The language of the gentleman from cut [Mrs. KENNELLY]. and promote. New Jersey [Mr. SMITH], unamended by Mrs. KENNELLY of Connecticut. Mr. Now, President Clinton has already that of the gentleman from New York Chairman, so often when we write leg- made very clear the kinds of values he [Mr. GILMAN], says when you have that islation in this body it is complex, and would like to promote abroad. In 1993, situation, fold up our American tents is made up of provisions that are so ar- the Clinton administration abandoned and go home; turn your head away, put cane our explanations when we go long-standing pro-life policies because it in the sand, do not be there, do not home are really convoluted. But in this of his belief that legal abortion is, and be part of the solution. Just let those case I can go home and say I am voting I quote, ‘‘a fundamental right of all abortions, let those Russian women, for Pelosi-Greenwood for exactly four women and part of the overall ap- Romanian women, have abortion after words as a reason: Family planning proach to population control.’’ abortion after abortion, the thing they saves lives. It frees women from the Mr. Chairman, I disagree with those decry with such passion. risk of disease and then death from values. I do not believe population What our amendment says is we are pregnancies when their bodies just can- should be controlled by abortion, and going to be there. We are going to be not take one more pregnancy. It frees that is why I stand in strong support of there for one reason and one reason children from the dire consequences of the Smith amendment and strong op- alone. That reason is to convert these losing that parent in an undeveloped position to the Pelosi amendment. women into women who will use con- region. It absolutely frees struggling The Pelosi amendment, and we all traception as a method of family plan- nations to devote more of their re- know what it is, it is a killer amend- ning, and not abortion. sources to improving the lot of their ment and we have to defeat it. It pro- So there are two options on this vote. people. That is what this is all about. vides, in my opinion, a lesson in ambi- Members can vote against the gen- Far from promoting abortion, this guity, as its prohibition on funds going tleman from New York [Mr. GILMAN], amendment explicitly continues cur- to organizations that promote abortion and they turn away from the rest of rent United States law which prohibits as a method of family planning is open the world and they say, have as many this use of our funds. I thank the gen- to all kinds of interpretations, particu- abortions as you want, because we will tleman from Pennsylvania [Mr. GREEN- larly from this pro-abortion White not be there to help you with family WOOD] for being so eloquent in his ex- House. planning, and you will have no other planation of where we are today, and The Smith amendment is very clear. choice. what the Pelosi amendment does to the No mistake about it. No United States Or Members vote with the gentleman Smith amendment. funds will go to organizations that pro- from New York [Mr. GILMAN] and the This whole debate disappoints me so vide or lobby for abortions at any time gentlewoman from California [Ms. profoundly. For years in this country for any reason. Now, that is not vague. PELOSI] and myself, the gentlewoman the best of our people in our commu- There is no vague issue regarding the from New York [Ms. SLAUGHTER], the nities, Republicans and Democrats, all intention of an organization’s partici- gentleman from California [Mr. CAMP- were for family planning. We put it pation in abortion or the reasons for BELL], and you say, we are going to be now in the abyss of the litmus test on providing it. there to help those little agencies in this very difficult debate. Other than in cases of protecting the those backward countries to enter the I thank those who brought us to this life of the mother or forcible rape or modern age, and empower women to point, and vote, please, for the Pelosi incest, the intentions are irrelevant. plan the size of their families using amendment. Intentions are irrelevant. What is rel- contraception. Mr. SMITH of New Jersey. Mr. Chair- evant is the position the United States Mr. Chairman, if we vote down the man, I yield 4 minutes to the gen- is going to take as the largest provider Gilman amendment, here is what will tleman from Texas [Mr. DELAY], the of funds to the international popu- happen. We throw the compromise distinguished whip. lation control programs. away. This language will be unaccept- Mr. DELAY. Mr. Chairman, I really Mr. Chairman, I believe that the able to the Senate, unacceptable to the thank the gentleman from New Jersey United States should stand for life. administration. We will be back here [Mr. SMITH] for all his hard work in And as the Reagan-Bush years proved, voting this over and over and over these areas. There is no greater cham- there are hundreds of organizations again. It will be the last thing that pion for the unborn than the gen- that are willing to agree to the condi- keeps us here. It will keep us here in tleman from New Jersey [Mr. SMITH]. tions that they neither perform nor ac- gridlock, and we will be voting it in Mr. Chairman, as the world’s last re- tively promote abortion in order to re- February. maining superpower, the United States ceive America’s taxpayers’ dollars. If Members accept this compromise, plays a very important role in inter- These organizations are perfectly ca- we will put this issue behind us. We national affairs. Everything it does is pable of providing the family planning will save women’s lives, and we will scrutinized and interpreted, and in services called for by the proponents of move ahead. many cases, our country is looked up the Pelosi amendment that are so valu- Mr. SMITH of New Jersey. Mr. Chair- to as a role model. Therefore, we have able to the poor throughout the devel- man, I yield myself 30 seconds. to take everything very seriously, and oping world, and these are the ones First of all, if it does cause inconven- the decisions that we make we have to that we should be supporting. ience, that is unfortunate, but saving a take seriously, especially those deci- So I just urge my colleagues to sepa- child’s life from the cruelty of abor- sions about the kinds of policies we rate the issues and look very strongly tion, dismemberment, chemical poison- want to pursue in other countries. at what the two amendments do. One is ing is worth inconvenience. I know In this particular case, the debate is the Pelosi amendment, an amendment these votes are inconvenient, but that about the kinds of family planning or- of ambiguity. And there is no mistak- is just a simple fact of the matter. ganizations we want to assist with ing what the Smith amendment does. Let me also point out that during the funding. According to the State of So I urge my colleagues to support the Reagan and Bush years we provided World Population, 1997, compiled by Smith amendment and oppose the more than 40 percent of the population the U.N. Population Fund, the United Pelosi amendment. control family planning funds going States is the largest donor to inter- Ms. PELOSI. Mr. Chairman, I yield around the world with the Mexico City national family planning programs, myself such time as I may consume. Policy intact. What we had was contra- contributing about 47 percent of all the Mr. Chairman, I would ask the gen- ception, birth control, separated from external population control moneys tleman from Texas [Mr. DELAY], using abortion, and that is all our amend- worldwide. my own time, if he would respond to a H6838 CONGRESSIONAL RECORD — HOUSE September 4, 1997 question. I was concerned about the Reagan-Bush years as a way to fully ing the number of maternal and child characterization of the Pelosi amend- fund family planning without promot- deaths through its support for family ment and I had some ambiguity on my ing abortion. And the Mexico City pol- planning. We need to renew this com- mind about the position of the gen- icy, which the Smith amendment mitment. Vote to reduce abortions, tleman from Texas on international would reinsert, is both pro-family and vote to reduce maternal and child family planning. pro-life. death. Vote to support Gilman-Pelosi. Mr. Chairman, I would inquire if the During those years the policy was in Mr. SMITH of New Jersey. Mr. Chair- gentleman supports international fam- place, in excess of 350 family planning man, I yield 2 minutes to the gen- ily planning? organizations, including Planned Par- tleman from North Carolina [Mr. Mr. DELAY. Mr. Chairman, will the enthood affiliates in 57 States and JONES]. gentlewoman yield? countries, accepted those conditions. Mr. JONES. Mr. Chairman, I rise in Ms. PELOSI. I yield to the gentleman If the bill is passed without the strong support of the Smith amend- from Texas. Smith amendment, the House will ap- ment. This amendment will prevent Mr. DELAY. Mr. Chairman, I would propriate $385 million for international taxpayers’ dollars from being spent on say to the gentlewoman that I support population control without the pro-life abortions overseas. I find it very dis- the international family planning that safeguards. Opponents of Mexico City turbing that each year, the Federal is included in this bill with the Smith will argue that this policy is not nec- Government sends millions of taxpayer amendment added to the bill. essary because we already have the dollars to family planning organiza- Ms. PELOSI. Mr. Chairman, reclaim- Helms amendment in law. But, Mr. tions in foreign countries that, in turn, ing my time, then one would wonder Chairman, the Helms amendment was use the money to pay for abortions. In why the gentleman from Texas voted found to be infirmed. Yes; it stopped di- essence, these are taxpayer-funded with the gentleman from Texas [Mr. rect funding, but there were loopholes abortions. PAUL] to remove all international fam- and the pro-abortion groups used those Surveys have shown time and time ily planning from the amendment. loopholes very effectively. again that whether they are pro-life or Mr. Chairman, I yield to the gen- Under current law, U.S. taxpayer dol- pro-choice, the vast majority of Ameri- tleman from Texas [Mr. BENTSEN]. lars go to the international abortion cans do not, and I repeat, do not sup- (Mr. BENTSEN asked and was given industry which performs abortion on port federally funded abortions, wheth- permission to revise and extend his re- demand, which actively lobbies to er in the United States or overseas. As a Member of Congress, we are marks.) overturn foreign country’s laws on elected to represent and to serve the Mr. BENTSEN. Mr. Chairman, I abortion. This is a fact and our law American people. It is wrong to go would like to associate my remarks protects against this blatant misuse of against the American people’s will and with the gentleman from Pennsylvania American family tax dollars. to continue to spend their tax dollars [Mr. GREENWOOD] and respectfully dis- Mr. Chairman, this issue is about on abortions in foreign countries. agree with the gentleman from Texas abortion. Abortion is violent. It is vio- That is why it is critical that we pass [Mr. DELAY], my colleague. I am lence against women. It is violence the Smith amendment. Without this shocked to find that there would be against their unborn children. We need amendment, American dollars will still any ambiguity on any legislation con- family planning without abortion. be used to fund forced abortions in the sidered by this House. Abortion hurts women. It is People’s Republic of China. This is not But, Mr. Chairman, I think this is an humiliating. It is painful. It is demean- only a very important human rights honorable compromise. We are going to ing. It is disruptive. It breaks the heart issue, it is also a matter of protecting have disagreements over abortion in of a woman. the lives of innocent children around this House and in future Congresses. We need to do family planning with- the world. Let us talk about what this really is. out abortion. We can live without it. I personally do not think that Ameri- This is about whether or not we are Let us stop our taxpayer dollars from cans should ever have to fund abortions going to have an international family funding this type of international vio- with their tax dollars, especially in for- planning program sponsored by the lence. It is our moral obligation to re- eign countries. But now more than ever United States. And it is about whether instate Mexico City. Vote for the during this time of fiscal responsibility or not we, as the last remaining super- Smith amendment. and budget tightening, the Federal power, as the gentleman from Texas Ms. PELOSI. Mr. Chairman, I yield 1 Government has no business sending just said, we are willing to step up to minute to the gentlewoman from Con- American dollars to destroy the lives the plate on this issue, willing to take necticut [Ms. DELAURO] deputy whip as of innocent children overseas. I strong- the lead, as we should as that super- well as a member of the Committee on ly urge my colleagues to support the power, on the question of family plan- Appropriations. Smith amendment. ning. Ms. DELAURO. Mr. Chairman, I rise Mr. GREENWOOD. Mr. Chairman, I Mr. Chairman, the gentleman from in strong support of the bipartisan yield 2 minutes to the gentlewoman Pennsylvania [Mr. GREENWOOD] was amendment. This debate is not about from New York [Mrs. KELLY]. very appropriate in saying that we promoting abortion. Not one penny of Mrs. KELLY. Mr. Chairman, I rise could stick our head in the sand and ig- U.S. funds can be used for abortion. today in opposition to the Smith nore these problems. I think that This vote is a vote to prevent abortion, amendment. I find the restrictive would be a mistake for this country to improve the health of women and Smith amendment to be superfluous. and a mistake for the world. children, and above all, to save lives. We all know that the 1973 Helms Mr. Chairman, I would ask my col- U.S. family planning aid saves the amendment which prohibits any U.S. leagues to cut through the ideological lives of women. UNICEF says that it funds for abortion in international purity issues of this and look at prag- reduces unintended pregnancies by one- planning is part of the permanent for- matism of the Gilman-Pelosi amend- fifth. It would reduce abortions and eign aid statute. ment and adopt it. could save the lives of as many as Furthermore, there is no evidence Mr. SMITH of New Jersey. Mr. Chair- 120,000 women who would die in child- that any recipient of U.S. funds, any man, I yield 2 minutes to the distin- birth. If the Smith amendment passes, recipient of U.S. funds, has ever vio- guished gentleman from Pennsylvania family planning and health clinics lated the terms of the Helms amend- [Mr. PITTS]. across the world will close. Women will ment. This is unnecessary layering of Mr. PITTS. Mr. Chairman, I come be- be denied Pap smears and will suffer restrictive law and can only work to fore the House today to urge my col- from cancers which could easily have harm women and children worldwide leagues to vote for the Smith amend- been treated if caught early. Sexually by denying them the various health ment and against the substitute offered transmitted diseases will go services provided by international fam- by the gentleman from New York [Mr. undiagnosed and untreated. More ily planning organizations. GILMAN]. mothers, infants, and children will die. The effects of the Mexico City policy The pro-life safeguards of the Mexico For 30 years, the United States has are far-reaching and negative. Accord- City policy were in effect during the been an international leader in reduc- ing to UNICEF, ‘‘each year, 600,000 September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6839 women die of pregnancy-related causes. The principle involved here is a seri- would be denied contraceptive services. Seventy-five thousand of these deaths ous one, that of the sanctity of a In truth, all but two of them stayed in are associated with self-induced, unsafe human life. The policy we debate is one business. They made the commitment. abortion.’’ of accountability. Do we enforce the They took the money and they stopped Do we want the blood of these women law of the American land or do we re- promoting abortion. on our hands? If my colleagues vote for ward agencies who circumvent our Now we have a substitute that has the Smith amendment, that is what laws? been put forward, the Pelosi language, they will get. We are giving agencies overseas who that says that no money would go to In addition, the Mexico City policy pretend to do family planning a choice, an organization that promotes abor- serves as a threat, a gag order, that re- to accept our dollars to conduct true tion as a method of family planning. sults in failure to assist women in family planning or, as they seek to do, The person who will certify whether or need. For example, if a woman is suf- to seek dollars under the guise of fam- not that is the case is Bill Clinton, the fering from a life-threatening infection ily planning to conduct, encourage, and man who rescinded the Mexico City that is the consequence of a self-in- support the promotion of abortion. policy in 1993, the first act he ever per- duced abortion, members of an inter- To us, to the hard-working people in formed. He does not like Mexico City. national family planning organization my district who work very hard for But we are going to trust him now, the might fear that treating such a woman their taxes, who want accountability, man who vetoed the partial-birth abor- could result in a loss of funds. Is this we support the Smith amendment and tion bill. ‘‘Trust Bill’’ is what we are the result we want? believe it is the best, not just for this being told today. Family planning is a very critical country but for every country as well. Another thing that this language and complex issue. It is prenatal care; Ms. PELOSI. Mr. Chairman, I yield 1 does is, they can be performing abor- it is child nutrition; it is followup with minute to the gentleman from Wiscon- tions and, yes, they can be using their preventive care; and the education pro- sin [Mr. OBEY], distinguished ranking U.S. dollars to buy fax machines and vided by international family planning member of the Committee on Appro- dollars from somewhere else to perform is often what enables children to sur- priations. the abortions, but as long as they are vive their first year and enables women Mr. OBEY. Mr. Chairman, I support not promoting it, they can still get all to survive their pregnancy. family planning both at home and these U.S. dollars. I believe that if you We must not impose this gag order. internationally because I think it is are really pro-life and you are really We must provide the world with family the best way to prevent abortions. committed to the principles that are in planning education that works to The last time the Smith amendment the Declaration of Independence, which eliminate the need for abortion. was before the House, I supported it be- is we are all endowed by the Creator Mr. Chairman, I urge my colleagues cause I thought that he was right and with certain inalienable rights, includ- to please support the Gilman-Pelosi I was personally fed up with the way ing the right to life, then you need to secondary amendment. that the administration and the United support the Smith amendment. Mr. SMITH of New Jersey. Mr. Chair- Nations continued to finance and This was Ronald Reagan’s policy. man, I reserve the balance of my time. apologize for the coercive abortion pol- The Members who are proposing this Ms. PELOSI. Mr. Chairman, I yield 1 icy in China. So I voted with the Smith alternative are the people who never minute to the gentlewoman from the amendment. supported Ronald Reagan’s policy. District of Columbia [Ms. NORTON]. I, at that time, asked the gentleman I believe, if we are committed to the Ms. NORTON. Mr. Chairman, the from New Jersey [Mr. SMITH] in the fu- principles that this Nation was founded Smith amendment would work irrep- ture to please separate the issue of on, we will support the Smith lan- arable harm for women and children Mexico City from the issue of China be- guage. I encourage all of my colleagues throughout the developing world. Gil- cause I thought that would at least to vote with SMITH. man-Pelosi is a literal direct response guarantee some positive steps forward Ms. PELOSI. Mr. Chairman, I yield 1 to the concerns of antiabortion advo- with respect to the Chinese issue. That minute to the distinguished gentleman cates. It is almost impossible to sus- has not been done in his amendment, from Virginia [Mr. MORAN], a member tain a principled position against abor- but it has been done in the Pelosi of the Committee on Appropriations. tion, without supporting voluntary amendment. Mr. MORAN of Virginia. Mr. Chair- family planning as it appears in Gil- The Pelosi amendment in essence man, as you will recall, we debated this man-Pelosi. will say that unless the U.N. popu- issue of the Mexico City policy back in Mr. Chairman, we must have one lation program gets out of China, and February when we talked about wheth- standard for family planning through- there is no question that they practice er the family planning funds should be out the world. I would want the same coercive abortion policies in that coun- released. We debated it again in June standard there as I would want for my- try, that we will get our money, we when we talked about the State De- self and my constituents. Family plan- will take our money out of the United partment authorization. And we will ning is one of the great success stories Nations population program. That is continue to be debating it next year in economic development. It is not in what ought to happen. and every year thereafter until we agriculture; it is not in trade. It is fam- I urge support for the Pelosi amend- come up with a constructive solution. ily planning which has been the essen- ment. This is a constructive compromise. tial key to economic development it- Mr. SMITH of New Jersey. Mr. Chair- This addresses what the opponents self in the developing world. man, I yield 2 minutes to the distin- have said that they objected to. This Denying family planning is like de- guished gentleman from Florida [Mr. says that we will not fund family plan- nying food to children, because that is WELDON]. ning programs where abortion is used exactly what happens when families in Mr. WELDON of Florida. Mr. Chair- as a method of birth control. This says the developing world have more chil- man, I thank the gentleman for yield- that we will not. So why not agree, dren than they can support. Gilman- ing me the time. shake hands? We have resolved a very Pelosi is the rational response that is I rise in support of the Smith amend- difficult issue and now we can work consistent with the values of the Amer- ment, and I encourage my colleagues constructively in other countries ican people who strongly support fam- to vote in support of it and against the where women and children and men are ily planning. Pelosi option. The Mexico City policy forced to live lives of abject poverty, was established by Ronald Reagan in because that is what we condemn them b 1545 1984. It basically said that no family to if we do not make family planning Mr. SMITH of New Jersey. Mr. Chair- planning organizations that do abor- information available to women so man, I yield 1 minute to the distin- tions and promote abortions can get that they can control the size of their guished gentleman from Texas [Mr. Federal funds. There were claims made families. BRADY]. at that time that all of these family We have a responsibility, we who live Mr. BRADY. Mr. Chairman, I rise in planning organizations would have to in a country so prosperous and so free, support of the Smith amendment. close up shop and all these women to do something for those people who H6840 CONGRESSIONAL RECORD — HOUSE September 4, 1997 do not. Please support this amend- not the United States of America. I The U.N. Fund for population activi- ment. lived as a Peace Corps volunteer over- ties is not an organization which en- The CHAIRMAN. The Chair would in- seas. I have seen how people live. They courages abortion. What it does en- form the Members that the gentleman want to live a better life. They want courage is the prevention of unwanted from New Jersey [Mr. SMITH] has 71⁄2 their children to have better lives. But pregnancies in 140 different countries. minutes remaining, the gentlewoman they have got to have a way of know- Not only does the U.N. fund work to from California [Ms. PELOSI] has 6 min- ing how to control their populations prevent abortions, it provides programs utes remaining, and the gentleman and to be able to grow in a logical way. which promote better nutrition, health from Pennsylvania [Mr. GREENWOOD] I urge my colleagues to recognize, and longer life expectancy. Vote for the has 41⁄2 minutes remaining. this is not about abortion. This is bipartisan Pelosi-Gilman amendment. Ms. PELOSI. Mr. Chairman, I yield 1 about whether we are going to allow Ms. PELOSI. Mr. Chairman, I yield 30 minute to the distinguished gentle- for logical family planning so we do seconds to the distinguished gentle- woman from California, [Ms. WOOLSEY]. not need abortions and we do not have woman from Texas [Ms. JACKSON-LEE]. (Ms. WOOLSEY asked and was given so many people living in abject pov- (Ms. JACKSON-LEE of Texas asked permission to revise and extend her re- erty. and was given permission to revise and marks.) I urge Members to support the Pelosi extend her remarks.) Ms. WOOLSEY. Mr. Chairman, each and Greenwood amendment. I urge Ms. JACKSON-LEE of Texas. Mr. year in the developing world 600,000 them to allow and help other countries Chairman, let me say that I rise in op- women die from pregnancy-related have logical family planning. position to the Smith amendment, complications. Maternal mortality is Mr. SMITH of New Jersey. Mr. Chair- clearly, to say that this is not a vote the largest single cause of death among man, I yield 1 minute to the gentleman on abortion and we should recognize women during their reproductive years. from Indiana [Mr. HOSTETTLER], my that. This is about saving lives, be- That is why support for family plan- good friend and colleague. cause family planning funds are used to ning services is becoming more impor- (Mr. HOSTETTLER asked and was provide effective means of birth con- tant every year. given permission to revise and extend trol, health care for pregnant mothers Voluntary family planning services his remarks.) and newborns, and education on family give mothers and families new choices Mr. HOSTETTLER. Mr. Chairman, I planning options. and new hope. These services increase rise today in strong support of the Let us look at the role and respon- child survival, promote safe mother- Smith amendment and in opposition to sibility of this country, sharing its ex- hood. Without support for inter- the substitute. pertise with those nations who need national family planning, women in de- The Supreme Court has opined in Roe our help in family planning. I support veloping nations face more unwanted versus Wade and its erroneous progeny the Gilman-Pelosi amendment, a viable pregnancies, more poverty and more that we have to allow the killing of approach to making sure that we save despair. preborn children. Clearly this was a Mr. Chairman, it is ironic that the misread of the Constitution by the lives, that we do not support abortion same people who would deny women in Court. in this instance, but we support saving the developing world the choice of an In any event, the Court has not lives through fair and adequate family abortion would also seek to eliminate opined that our Government has an ob- planning. support for family planning programs. ligation to provide this service here in Mr. Chairman, I rise in opposition to the Mr. Chairman, I urge my colleagues America or in any other land. We Smith amendment to H.R. 2159, the foreign to vote in favor of the Pelosi-Gilman should not take to this course by our Operations appropriations bill. My colleagues, substitute. own will. it is disheartening to see this legislation once Mr. GREENWOOD. Mr. Chairman, I The sanctity of life transcends inter- again before us on the floor of the House and yield 2 minutes to the gentleman from national boundaries. It is time to say I urge you to join me in opposing this amend- Connecticut [Mr. SHAYS], my good no to a careless export, the notion that ment. friend. abortion is acceptable as a means of Despite attempts of this amendment's pro- Mr. SHAYS. Mr. Chairman, I thank family planning. ponents to characterize it as such, this vote is the gentleman for yielding me the I would prefer to block all inter- not about abortion. Proponents of the Smith time. I have come to this floor on a national family planning funding. It is amendment wrongly claim that release of fam- number of issues, particularly as they fiscally irresponsible to do otherwise. ily planning funds without restrictions will allow relate to the budget. I think of what we But if we are to fund this type of pro- U.S. aid to support abortion services abroad. have tried so hard to do, of getting our gram, and the Smith amendment does These funds, however, can not by law be country’s financial house in order and not end international family planning, used to provide or promote abortions. They balancing the Federal budget and sav- we must do all we can to see that we do argue that funding is fungible, but the Agency ing our trust funds for not just future not fund those which promote abor- for International Development has a rigorous generations but for present genera- tion. process to ensure that the current ban on the tions, and moving from a caretaking Ms. PELOSI. Mr. Chairman, I yield 1 use of U.S. funds for abortions is adhered to society to a caring society. I think of minute to the gentlewoman from New and that no U.S. funds are spent on abortion how important those things are. York [Mrs. MALONEY]. services. Yet they pale in comparison to the Mrs. MALONEY of New York. Mr. Funds to support family planning are not fact that many of the people around Chairman, I rise in opposition to the funds for abortions. Family planning funds are the world live in abject poverty. We Smith amendment and in support of used to provide contraceptives to persons who have a population in this world of the bipartisan amendment. would otherwise not have access to them. about 5.2 billion and it is climbing. I I would like very much to be associ- Family planning funds support education and think of some societies, whose econo- ated with the comments of my col- outreach on family planning options, family mies grow, but their population growth league on the other side of the aisle, counseling, health care, and technical training outstrips their economic growth and the gentleman from Pennsylvania [Mr. for personnel. they become poorer and poorer and GREENWOOD], and the gentleman from These funds help to improve the health and poorer. Wisconsin [Mr. OBEY] that pointed out increase the survival rate of women and chil- For the life of me, I do not know why the compromises in this amendment, dren during pregnancy, in childbirth, and in the this great country, the United States particularly with the China language. years after. Family planning allows parents to of America, would not want to help Federal funds cannot be used to per- control the number of children that they have those countries become more pros- form abortions overseas. That is the and the timing of those births. And in so doing perous, and I would like to understand law. But it appears that some of my it allows women the opportunity to reach be- why we would not want them to help colleagues are so jittery over a wom- yond the walls of their homes, to get an edu- control their population growth. This an’s right to choose that they confuse cation and to work outside of the family. A re- amendment does this. it with a person’s right to medical edu- cent report of the Rockefeller Foundation ar- I just urge, with all that I could urge cation and a family’s right to plan gued that devoting less time to bearing chil- my colleagues to recognize that this is their lives. dren, reducing family size, and improving the September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6841 health and survival of women and children re- to have in having a healthy, happy Mr. GREENWOOD. Mr. Chairman, we sults in better economic prospects in develop- baby. have heard the rhetoric once again. ing countries. Let us be clear. The law does not Members of Congress sitting here, Withholding these funds will reduce access allow any U.S. dollars to be used to standing here in the Capitol of the to contraception and in so doing increase un- fund abortions abroad. If we used the United States talking about this issue. intended and unwanted pregnancies. Experi- stretch logic of some of the supporters On the other side of this amendment, ence demonstrates that as unintended preg- of the gentleman from New Jersey [Mr. mostly men, but this is not the real nancies increase, so does the abortion rate. In SMITH], we would also cut off all mili- world. What really happens in the real fact, United States funding to Hungary has co- tary aid to our allies, because the de- world, whether it is in Kazakhstan, incided with a 60-percent reduction in abor- fense money we send to those allies whether it is in Bolivia, anywhere tions in that country. In Russia, increased use which helps them and us could then be around the world, a real woman, some- of contraceptives has led to a 30-percent re- channeled to funding abortions in body’s mother, somebody’s sister, duction in abortions. those countries. Let us support the somebody’s daughter, somebody’s wife My colleagues, this is not a vote on abor- right of families in other countries to is pregnant and she has five children or tion. This is a vote to provide more options do what we cherish for our families six children, she may have lost one or and opportunities for the people of developing here in America, to plan for our fami- two to hunger or disease already and nations around the world. lies’ futures. Support Gilman-Pelosi. she is pregnant again because she has For these reasons, I call upon each Member Oppose the Smith amendment. no access to family planning and she is to signal their support for the health and wel- Mr. SMITH of New Jersey. Mr. Chair- terrified and she is determined to get fare of women, children and families and vote man, I yield 2 minutes to the distin- an abortion. She sees that as her only against the Smith amendment. guished gentleman from Michigan [Mr. option, rather than starve the children Mr. SMITH of New Jersey. Mr. Chair- BARCIA], one of the sponsors of the that remain at home. She is going to man, I yield 1 minute to the distin- amendment. get that abortion. She is going to get it guished gentleman from Kentucky [Mr. Mr. BARCIA. Mr. Chairman, I offer in some dingy little concrete, damp, LEWIS]. my gratitude for the tremendous job dank clinic somewhere out in the mid- Mr. LEWIS of Kentucky. Mr. Chair- that the gentleman from New Jersey dle of nowhere if she is lucky, or she is man, I rise today to offer my support [Mr. SMITH] is doing on the debate on going to get it in a back alley of some for my colleague’s amendment. I do not this very important amendment which faraway place, terrified, unhygienic, believe America should offer financial he has offered. threatening to her health. assistance to any foreign organization Mr. Chairman, I would like to take That is the world. That is happening that supports abortion. Under today’s this opportunity to clarify the exact as we speak all over the planet every policies, several agencies that are sup- ramifications of our amendment and day. There are two things we can do ported by U.S. funds can do just that. the alternative amendment offered by about that. We can turn away. That is Groups like the U.N. Population my esteemed colleagues the gentleman what the Smith language does. ‘‘Go Fund and Family Planning Inter- from Pennsylvania [Mr. GREENWOOD], away. Don’t be there. Let that happen. national Assistance freely take U.S. the gentleman from California [Mr. As long as we’re not part of it, nothing monetary support and use those funds CAMPBELL], the gentlewoman from we can do about it. It’s not our prob- to perform and promote brutal abor- California [Ms. PELOSI], the gentle- lem. It’s not our mother. It’s not our tion policies. Some of them, like the woman from New York [Mrs. LOWEY], sister. It’s not our daughter.’’ U.N. Population Fund, help fund Chi- and the gentlewoman from Connecticut Or we can be there. We can be there na’s coercive population control poli- [Ms. DELAURO]. with a few scant American dollars to cies which result in thousands of abor- Quite simply, our amendment will turn on a light bulb in that clinic, to tions and forced sterilizations. ensure that U.S. tax dollars are not al- set up a desk, to put some pamphlets These organizations are also at- located to foreign nongovernmental or- on the table, to have a human being tempting to change abortion laws in ganizations for international family with care to say to that woman, ‘‘You many different countries. They are ac- planning programs unless they agree do not want to come back here again tively lobbying for abortion with the to, No. 1, not violate the laws of other under these circumstances. We want to assistance of U.S. tax dollars. countries with respect to abortion, No. give you the birth control pill. We This amendment will prevent these 2, not wage campaigns to alter a coun- want to teach you how to use a atrocities. It guarantees that no U.S. try’s laws on abortion except to oppose condom. We want to empower you not funds will be used in any way to pro- coercive abortion practices and, third- to have to put yourself or be put in this mote abortion or sterilization by any ly and finally, not perform abortions position again.’’ That is what the Gil- group. except to save the mother’s life or in man amendment does. Please support If these agencies want to promote cases of rape or incest. the compromise. abortion as a form of birth control, let Our amendment is necessary to close The CHAIRMAN. The gentleman them do it without the support of a loophole that allows U.S. tax dollars from New Jersey [Mr. SMITH] has 31⁄2 American funds. I encourage all my to subsidize organizations which work minutes remaining. colleagues to support this amendment to increase the availability of abor- Mr. SMITH of New Jersey. Mr. Chair- and prevent U.S. funds from being used tions around the world. The Gilman - man, I yield such time as he may to support coercive family planning. Pelosi - Campbell - Lowey - Greenwood consume to the gentleman from New substitute will certainly result in a Jersey [Mr. PAPPAS]. b 1600 deadly version of the pea in the shell (Mr. PAPPAS asked and was given Ms. PELOSI. Mr. Chairman, I yield 1 game when we try to identify those re- permission to revise and extend his re- minute to the distinguished gentleman sponsible for these abortions. It may marks.) from Texas [Mr. EDWARDS], a member not be our dollars, but our dollars freed Mr. PAPPAS. Mr. Chairman, I rise in of the Committee on Appropriations. up those that did not pay for the abor- strong support of the Smith amend- Mr. EDWARDS. Mr. Chairman, we in tion. ment. Congress have a responsibility to look I urge my colleagues to support the I have only been here in Congress for 8 at not just the intent of our actions Smith-Barcia-Hyde-Oberstar amend- months yet this is my third debate on this floor but the consequences. In my opinion, ment and oppose the alternative. The on the issue of whether we ensure that Amer- the reality is that to restrict funding lives of the unborn are too important ican tax dollars are not used to change the for family planning is to increase abor- to leave to the whimsical nature of a pro-life laws of other countries, whether we tions, thousands of abortions. In addi- loophole. truly guarantee that our tax dollars will not be tion, I think the impact of the Smith Mr. GREENWOOD. Mr. Chairman, I used to pay for abortions, or whether we will language, intended or not, will be to yield myself the balance of my time. allow our tax money to go to organizations stop tens of thousands of women from The CHAIRMAN. The gentleman that violate the laws of the country to which getting the kind of prenatal care that I from Pennsylvania is recognized for 21⁄2 the aid is sent. Maybe the third time is a am grateful that my wife was just able minutes. charm. The vast majority of Americans agree H6842 CONGRESSIONAL RECORD — HOUSE September 4, 1997 with the goals and purpose of this amendment Gilman-Pelosi and ‘‘yes’’ on the under- abortion rights in this Congress. They and I urge its passage today. lying pro-life amendment. Please do all voted against the partial-birth This amendment is a commonsense effort not. It is not honest law making. If you abortion. To suggest that somehow to make sure that America's foreign aid policy are against pouring hundreds of mil- this is a pro-life compromise simply is both morally and fiscally responsible and I lions of dollars into the abortion indus- does not have any currency to it. gladly support both aspects of the Smith try overseas, the only honest vote is Please vote ‘‘no’’ on the first amend- amendment. ‘‘no’’ on Gilman-Pelosi and ‘‘yes’’ on ment, ‘‘yes’’ on the second. My time is short so let me get to the point Smith-Barcia-Hyde-Oberstar. Ms. PELOSI. Mr. Chairman, I yield on the U.N. fund. My parents were able to de- Today, Mr. Chairman, the pro-life myself the balance of my time. cide to have more than one child. Because of laws and policies of almost 100 coun- The CHAIRMAN. The gentlewoman this freedom, my older sister, Olga, has a tries that restrict abortion are under from California is recognized for 21⁄2 younger siblingÐa brotherÐme. However, siege and the engine driving this global minutes. parents in China do not have this basic right. pro-abortion push are the nongovern- Ms. PELOSI. Mr. Chairman, I thank Until, the UNFPA condemns this brutal co- mental organizations funded by the our colleagues for this very, very in- erced abortion policy in China or any other U.S. Government. Our amendment per- formed and serious debate this after- country, no United States tax dollars should mits the flow of funds only to those or- noon. I think those of us who worked go to this misguided program. The bipartisan ganizations that provide only family hard and long, the gentleman from Smith-Barcia-Hyde-Oberstar amendment is the planning and not abortion. The inno- Pennsylvania [Mr. GREENWOOD] in the only way to clearly define what U.S. tax cent children are not put at risk. Who leadership of this issue, to put together money can be used for in this program. we subsidize, not just what, but who we an appropriate response to the con- I would like to concentrate on another as- subsidize does matter and who we give cerns that have been expressed by my pect of this amendment, specifically the ``Mex- millions of dollars to does matter. colleague in the House, found expres- ico City'' language. Mr. Chairman, the simple fact of the sion in the supporters of the Gilman- This language is clearly the safeguard that matter is the long-standing law that no Pelosi-Greenwood-Campbell, the list the taxpaying public wants to see on the large U.S. funds can be directly used for goes on and on, amendment to the expenditure in population control activities that abortion was found to be incomplete. It Smith amendment. this country pays for. We are talking about was like Swiss cheese. The organiza- I say I am proud of those who spoke $385 million of U.S. tax money. The Smith tions were doing abortions on demand on our behalf because they spoke with amendment specifically addresses the ever in- and yet seemingly adhering to the let- conviction and consistency. Our col- creasing scourge of U.S. tax dollars being ter of the law with regards to the league in his closing remarks talked used to change the laws in other countries. Helms amendment. That is why we about some other issues that have been Just as this Congress and Nation are seriously have the Mexico City policy. We do not voted on by those of us who are spon- concerned about possible efforts by foreign want to put these unborn children at soring this amendment and since he nations to influence our elections and laws, we risk. brought up the subject of votes, I want must not be hypocritical and allow U.S. tax Let me be very clear on this. The ef- to bring up the subject of votes as well. dollar recipients to do the same things to laws fect of the Gilman-Pelosi amendment Of the 15 people who spoke in support in other countries. Clean up this practice and is that even if a foreign nongovern- of the Smith amendment, in opposition vote for the Smith amendment. mental organization performs abortion to the Gilman-Pelosi-Greenwood Mr. Chairman, I would like to raise this Con- on demand, even if they perform abor- amendment, 13 of them voted against gress' attention to one of the greatest ironies tions on demand at any stage of the international family planning, votes of this entire overseas abortion debate. Many unborn child’s development, even if just moments ago, moments before this of my colleagues who will stand here on this they perform abortions on demand on debate began, for the Paul amendment floor and oppose this amendment to restore teenagers without parental knowledge to eliminate the family planning, the pro-family, pro-cultural, pro-child, and suc- or consent, they still could get huge international family planning money cessful Mexico City policy are many of the Federal grants so long as they say they from this bill. One, the gentlewoman same members who regularly lambaste this are not promoting abortion as a meth- from Florida [Ms. ROS-LEHTINEN] voted body for not moving on campaign finance re- od of family planning, whatever that against the Paul amendment. The gen- form. is. tleman from New Jersey [Mr. SMITH], Well, if you truly believe in campaign fi- To add insult to injury, the phrase the maker of this amendment, was si- nance reform, this is your vehicle. This is a ‘‘promote’’ is not defined. I asked some lent on the Paul amendment. He did campaign finance reform vote. This is inter- questions earlier, define it very clearly not vote on that issue. So we do not national campaign finance reform. Vote for the like our amendment does, and the an- know where he would stand on that Smith amendment and you will walk the walk swers were not very enlightening. To particular amendment. of campaign finance reform. Otherwise you adopt Gilman-Pelosi is to sacrifice Mr. SMITH of New Jersey. Mr. Chair- are saying that it is OK for U.S. foreign aid clarity for vagueness, and the con- man, will the gentlewoman yield? money, our hard-earned tax dollars, to be sequence will be that the administra- Ms. PELOSI. I will yield if the gen- used as soft money to lobby and change laws tion will have breathtaking latitude to tleman would like to say where he throughout the world. Planned Parenthood and find that even the most aggressive would have voted on the Paul amend- their kind do not like the pro-life laws in many abortionists in the world are eligible ment, how he voted on the Paul amend- countries around the world. They will not rest for funding. ment. until they bring down these safeguards for the The Smith-Barcia language is Mr. SMITH of New Jersey. I would most vulnerable. Make no mistake about it, straightforward. It is absolutely trans- like to make it very clear that with- failure to enact the Smith amendment will be parent. It establishes a wall of separa- out, and this is why Members voted for interpreted by the world community that this tion between abortion and birth con- the Paul amendment, without pro-life Congress wants our tax dollars going to for- trol. By contrast, the Gilman-Pelosi safeguards we are giving money to the eign lobbyists to change other countries' laws. language intentionally blurs the line of abortion industry overseas. That is I am against welfare for lobbyists, especially demarcation between abortion and con- why Members voted that way. lobbyists for the abortion industry. So are the traception and keeps the abortionists Ms. PELOSI. Mr. Chairman, I take American people. The Smith-Barcia-Hyde- overseas on the Federal dole. back my time. Clearly the gentleman Oberstar amendment will prevent this and I Let me make this very clear, Mr. does not want to state where he would urge my colleagues to clean up this travesty Chairman. The pro-life vote is no on have been on the motion to cut all fam- and to support the Smith amendment. Gilman-Pelosi. This is no compromise. ily planning funds from this legisla- Mr. SMITH of New Jersey. Mr. Chair- The Gilman-Pelosi amendment is tion. It should be clear to our col- man, I yield myself the balance of my clearly a killer amendment. I urge a leagues what the intention is of the time. ‘‘no’’ vote on it. Smith amendment and of those who Let me just speak for a moment to Let me just remind Members, the 7 spoke in the well to support it. Indeed, my friends who may feel they can sponsors of this amendment, with all the leadership of the Republican Party somehow rationalize voting ‘‘yes’’ on due respect, are like a who’s who of the in this House, the gentleman from September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6843 Texas [Mr. ARMEY] and the gentleman disqualify from U.S. family planning assistance family planning with their own funds from re- from Texas [Mr.DELAY], who spoke on any foreign nongovernmental and multilateral ceiving U.S. family planning assistance. And it the issue, they all voted for the Paul organizations that with their own funds ``pro- ensures that organizations that provide vol- amendment to cut the family planning mote abortion as a method of family plan- untary, preventative family planning services funds from here. ning.'' The amendment will, in fact, prohibit will receive the necessary funds to continue So to my colleagues who have a dis- U.S. family planning assistance from going to their work to reduce the number of abortions comfort level with this, I hope they these organizations unless they use U.S. and the number of pregnancy-related deaths. take some comfort in the fact that we funds to ``prevent abortion as a method of Mr. Chairman, anyone who is serious about came together in a bipartisan fashion, family planning.'' promoting the health of women and children we listened over the years to your con- Despite the claims of its authors, the Smith must support family planning. And anyone cerns and addressed them. Some of my amendment will not reduce abortion funding in who truly wants to reduce abortions must sup- colleagues even today, the gentleman the foreign operations bill by a penny because port these programs as well. I urge my col- from North Carolina [Mr. JONES], men- there is currently absolutely no abortion fund- leagues to support the Gilman-Pelosi amend- tioned the force abortion program in ing. The only effect of the Smith amendment ment. China. That is not in the bill any will be to defund organizations providing vol- Mr. NADLER. Mr. Chairman, I rise in oppo- longer. That is not in the bill any untary, preventative family planning services sition to this amendment. I strongly support longer. And we have widened the sepa- which are the most effective way to reduce international family planning because it will im- ration wall between family planning abortions. prove women's health, reduce poverty, and and abortion. Around the world, a staggering 585,000 protect our global environment. Our family This is an issue about family plan- women die each year from pregnancy-related planning programs save lives, and they should ning. Those who oppose our amend- causes, including 70,000 from unsafe abor- be continued without unnecessary restrictions. ment oppose international family plan- tions. The best way to save lives and reduce The only reason why we are even consider- ning. If you support international fam- the number of abortions is to reduce the num- ing the Smith amendment again this year, ily planning, support the alternative ber of unwanted pregnancies. The most effec- even though it is already included in the State amendment to the Smith amendment. tive way to do this is through voluntary family Department authorization bill, is because the Mr. CAPPS. Mr. Chairman, I rise in opposi- planning. Voluntary family planning safeguards proponents of this amendment are scared their unpopular provision may never be en- tion to the Smith amendment. This amend- the lives and health of mothers and enhances acted. Apparently, they are confident that, de- ment is nothing more than a global gag rule, the prospects of their young children. denying U.S. funding to overseas family plan- Abortion is not and should not be a sub- spite support in the House, their view is in fact an extreme position which is not supported by ning agencies. stitute for contraception. Family planning is the Agencies which provide women's reproduc- primary means of reducing unintended preg- the Senate, by the President, or by the Amer- ican people. tive health services, improve children's health nancies and unwanted births. The Gilman- Why? Because the American people under- and reduce the number of abortions around Pelosi amendment addresses and supports stand that family planning is necessary, suc- the world. this priority and ensures that organizations cessful, and addresses a critical need. Accord- This amendment will result in the closure of which promote abortion as a family planning ing to the World Health Organization, nearly family planning clinics in some of the poorest method will be ineligible for funding. 600,000 women die each year of causes relat- countries in the world and will surely increase I urge my colleagues to join me in voting for ed to pregnancy and childbirth. When couples the number of abortions, worldwide. the Gilman-Pelosi-Campbell-Lowey-Green- cannot control the number and timing of births, The Pelosi/Gilman amendment is a fair wood-DeLauro-Slaughter amendment and in maternal and infant mortality increases. It is compromise; it denies funds to any organiza- so doing vote for family planning and the lives estimated that one in five infant deaths could tion which promotes abortion as a method of of women and their families. Thank you. be averted by birth spacing alone. Our family family planning; and diverts any UNFPA fund- Ms. ESHOO. Mr. Chairman, I rise in support planning efforts directly address these prob- ing that would have gone to operations in of the Gilman-Pelosi amendment, which will lems, and as David Broder commented in the China to USAID family planning programs. ensure America's continued support for inter- Washington Post ``the success of the program People of faith carry the responsibility of national family planning programs. Global fam- is undeniable.'' For example, studies show stewardship, particularly in the area of human ily planning is essential for protecting the that our efforts, as part of an international reproduction. Striving to ensure that each child health of women, ensuring the health of chil- strategy, have prevented more than 500 mil- is a blessing for its family and for the world. dren, and reducing the demand for abortions. lion unintended pregnancies. I am shocked The gentleman from New Jersey is clearly a We must not sacrifice the well-being of fami- that proponents of the Smith amendment man of conviction. As colleagues on the Inter- lies around the world on the altar of abortion claim that our family planning program actually national Relations Committee he and I have politics. increase the number of abortions, when, in been able to work out compromises in the Each year, approximately 4 million women fact, the exact opposite is true. past. And I hope that we can continue to do will have an unwanted or dangerous preg- The Smith amendment would severely limit so on this important issue. nancy, resulting in nearly 2 million more abor- our efforts and lead to a dramatic increase in Ms. JACKSON-LEE of Texas. Mr. Chair- tions or miscarriages. These women do not the number of abortions worldwide. When the man, I rise today in support of the Gilman- have access to modern contraception, medical so-called Mexico City restrictions were in Pelosi-Campbell-Lowey-Greenwood-DeLauro- advice or prenatal care. place during the Reagan and Bush administra- Slaughter substitute to the Smith amendment In the absence of family planning, over half tions, U.S. funding for the International to H.R. 2159, the Foreign Operations Appro- a million women die each year from preg- Planned Parenthood Federation was sus- priations bill. This bipartisan substitute amend- nancy-related causes, including 70,000 from pended. This organization currently supports ment is important to protecting the lives and unsafe abortions. Funding restrictions will only family planning in over 150 countries and health of women and children around the add to these numbers. helps serve at least 10 million couples annu- globe. U.S. support for international family planning ally in developing countries. The Smith Opponents of this amendment have at- has helped families space the birth of their amendment may prevent the U.S. Government tempted to paint this vote as one about abor- children and has increased the odds that there from funding this organization and helping so tion. That is simply inaccurate. This is not a will be enough food and other essentials to be many people. That would be a terrible mis- vote about abortion, but about women having shared among all family members. We've en- take. the ability to plan their own families. It is a abled women to bear children when they are This amendment is pernicious, unnecessary, vote about preventing unintended preg- physically strong and can breast-feed nor- and harmful. If enacted, it would severely limit nancies. It is a vote about improving the qual- mallyÐincreasing child survival by as much as family planning efforts and simply result in ity of life for people around the world, fighting 20 percent. more unwanted pregnancies, more fatalities overpopulation, and preventing hunger. The Gilman-Pelosi amendment will continue among women, and more abortions. I urge my The Gilman-Pelosi-Campbell-Lowey-Green- our support for family planning programs while colleagues to vote against the Smith amend- wood-DeLauro-Slaughter amendment will pre- preserving current prohibitions on the use of ment. serve current law prohibitions on the use of U.S. funds for abortion. It continues the ban Mr. BERMAN. Mr. Chairman, I rise in oppo- U.S. funds for abortion. It will continue the ban on the use of U.S. funds to lobby for or sition to the Smith amendment reinstating re- on the use of U.S. funds to lobby for or against abortion rights. It prohibits any organi- strictions on American assistance to inter- against abortion funds. This amendment will zation that promotes abortion as a method of national family planning. H6844 CONGRESSIONAL RECORD — HOUSE September 4, 1997 The Smith amendment, if adopted, would for each of the fiscal years 1998 and 1999 to nying funds to any organization that pro- have three effects: First, it would deny U.S. carry out part I of the Foreign Assistance motes abortion as a method of family plan- funds to overseas family planning agencies Act of 1961, not more than $25,000,000 shall be ning. Rep. Smith and his allies will oppose available for each such fiscal year for the this amendment because he knows that it that perform legal abortions with their own United Nations Population fund. will be impossible to find any organization funds; second, it would deny funding to the (b) PROHIBITION ON USE OF FUNDS IN that receives U.S. family planning aid that United Nations Population Fund [UNFPA] CHINA.—None of the funds made available does truly promote abortion. The Gilman- which is active in more than 140 countries under this section shall be made available Pelosi amendment also concedes the UNFPA should it spend any funds in China, and third, for a country program in the People’s Repub- argument, but says that if UNFPA does oper- it would kill all chances for this legislation to lic of China. ate in China the money appropriated for that be signed into law. (c) CONDITIONS ON AVAILABILITY OF agency would instead be given to U.S. Agen- FUNDS.—(1) Not more than one-half of the We all deplore policies of forced abortion or cy for International Development for family amount made available to the United Na- planning programs. coercive population control. There is no doubt tions Population Fund under this section While we believe the Gilman-Pelosi amend- that where these policies exist, such as in may be provided to the Fund before March 1 ment is unnecessary, and that strong enough China, we should make every effort to reverse of the fiscal year for which funds are made protections already exist to keep U.S. funds them. available. from being used to perform abortion, we be- Mr. SMITH and his cosponsor should support (2) Amounts made available for each of the lieve this represents the best opportunity to the Gilman-Pelosi amendment which has been fiscal years 1998 and 1999 under part I of the move beyond this divisive debate and get on carefully crafted to achieve a middle ground in Foreign Assistance Act of 1961 for the United with the business of providing important Nations Population fund may not be made this long-running congressional debate. family planning services to women around available to the Fund unless— the world. This amendment prohibits the use of U.S. (A) the Fund maintains amounts made I hope you will vote yes for the Gilman- funds to lobby for or against abortion. available to the Fund under this section in Pelosi amendment. It prohibits the use of American aid to per- an account separate from accounts of the Sincerely, form abortions in any foreign country unless Fund for other funds; and PETER H. KOSTMAYER, the life of the mother is endangered if the (B) the Fund does not commingle amounts Executive Director. fetus were carried to term or in cases of rape made available to the Fund under this sec- Mr. SKAGGS. Mr. Chairman, I strongly op- or incest. tion with other funds. pose the Smith, Barcia, Hyde, and Oberstar (d) REPORTS.—(1) Not later than February It prohibits American aid from being distrib- 15, 1998 and February 15, 1999, the Secretary amendment. This amendment would reinstate uted to UNFPA if it operates population plan- of State shall submit a report to the appro- the Mexico City restrictions and prohibit U.S. ning programs in China. priate congressional committees indicating funding to any private, nongovernmental, or Many would argue that the Gilman-Pelosi al- the amount of funds that the United Nations multilateral organization that directly or indi- ternative concedes too much ground in its ef- Population Fund in budgeting for the year in rectly performs abortions in a foreign country. fort to find a compromise. With a world popu- which the report is submitted for a country But the 1973 Helms amendment to the For- lation approaching 6 billion people of which program in the People’s Republic of China. eign Assistance Act already prohibits U.S. (2) If a report under paragraph (1) indicates 1.2 billion reside in China, many would argue that the United Nations Population Fund funds from being used to pay for abortions. that the best way to convince Chinese authori- plans to spend China country program funds This amendment would prevent U.S. assist- ties to change their policies of coercive abor- in the People’s Republic of China in the year ance to agencies thatÐwith their own funds, tion and forced family planning is to support covered by the report, then the amount of to U.S. fundsÐprovide abortion counseling or legitimate family planning programs by inter- such funds that the Fund plans to spend in services. The effect of this amendment would national agencies and nongovernment organi- the People’s Republic of China shall be de- be to deny reproductive choice to women in zations in China. However, Mr. GILMAN and ducted from the funds made available to the other countries, not matter what their own be- Fund after March 1 for obligation for the re- Ms. PELOSI offer their compromise in a sin- liefs, laws, and cultures have to say about this mainder of the fiscal year in which the re- cere, bi-partisan effort to reach the political port is submitted. intensely personal and important issue. middle ground in order to move forward with The amendment would also prohibit all Unit- this important legislation. ZERO POPULATION GROWTH, ed States funding for the U.N. Fund for Popu- I support the Gilman-Pelosi alternative and Washington, DC, August 21, 1997. lation Activities [UNFPA] unless it ceases ac- urge my colleagues to do so. Hon. HOWARD BERMAN, tivities in China. But UNFPA has no China H.R. 2150 U.S. House of Representatives, Washington, DC. program right now, and the authorization bill DEAR REPRESENTATIVE BERMAN: On behalf OFFERED BY: MR. GILMAN language already reduces United States con- of the nearly 60,000 members of ZPG across tributions to UNFPA, dollar-for-dollar, for any AMENDMENT NO. 9: Strike all after the title the country, I am writing to ask you to sup- heading and insert the following: port the Gilman-Pelosi amendment when the amount UNFPA spends in the future on a SEC. . POPULATION PLANNING ACTIVITIES OR House resumes consideration of the Foreign China programÐmeaning that the United OTHER POPULATION ASSISTANCE. Operations appropriation bill. States will not be supporting the reprehen- (a) IN GENERAL.—(1) Notwithstanding any The Gilman-Pelosi amendment will come sively forced-abortion policy. other provision of this Act or any other pro- up when Rep. Chris Smith once again offers The Smith amendment cuts family plan- vision of law, none of the funds appropriated his amendment to impose a ‘‘global gag ningÐbut it won't reduce abortions. Cutting or otherwise made available by this Act for rule’’ on international family planning pro- family planning assistance will mean millions population planning activities or other popu- viders. As you know, the Smith amendment more unintended pregnanciesÐand more, not lation assistance may be made available to would deny U.S. funding to overseas family pay for the performance of abortions in any planning agencies that either perform legal fewer abortions. Just the reverse happened foreign country, except where the life of the abortions (with non-U.S. funds) or which after contraceptives and family planning were mother would be endangered if the fetus publicly support any changes in the abortion introduced in Russia after the fall of the Soviet were carried to term or in cases of rape or in- laws or regulations in foreign countries. This UnionÐRussia's reliance on abortion was re- cest. far-reaching amendment would have the re- duced by one-third. The United Nations esti- (2) The limitation contained in paragraph sult of closing family planning clinics in mates that 40 percent of pregnancies world- (1) shall not apply to the treatment of inju- some of the poorest countries in the world, wide are unintended, and of these, 60 percent ries or illness caused by unsafe abortions. thereby dramatically increasing the number end in abortion. Family planning can dramati- (b) LIMITATION ON LOBBYING ACTIVITIES.— of abortions. The Smith amendment would (1) Notwithstanding any other provision of also deny funding to the United Nations Pop- cally reduce these tragic statistics. this Act or any other provision of law, none ulation Fund (UNFPA), which runs effective International family planning efforts also of the funds appropriated or otherwise made family planning programs in more than 140 help protect the health of women and children available by this Act for population planning countries, if they spend so much as one by reducing the number of high-risk births activities or other population assistance penny in China. While no one denies that the from pregnancies spaced too closely together. may be made available to lobby for or Chinese population program is often brutal, Everyday more than 31,000 children under the against abortion. and always coercive, there is not one sliver age of 5 die in developing countries from low (2) The limitation contained in paragraph of evidence that UNFPA has ever been in- birthweight and other complications of high- (1) shall not apply to activities in opposition volved with any involuntary practices. to coercive abortion or involuntary steriliza- The Gilman-Pelosi amendment is a new ef- risk pregnancies. The U.S. Agency for Inter- tion. fort at compromise that offers real hope for national Development [AID] estimates that, by SEC. . UNITED NATIONS POPULATION FUND. solving this seemingly unending debate. It spacing births at least 2 years apart, family (a) LIMITATION.—Subject to subsections (b), responds directly to the claim that the U.S. planning can prevent an average of one in (c), and (d)(2), of the amounts made available subsidizes the promotion of abortion by de- four infant deaths; and family planning can September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6845 prevent 25 percent of all maternal deaths by Dingell Kennedy (MA) Ramstad McIntosh Poshard Snowbarger Dixon Kennedy (RI) Rangel McIntyre Quinn Solomon allowing women to delay motherhood and Doggett Kennelly Regula McKeon Radanovich Souder avoid unintended pregnancies. Dooley Kilpatrick Reyes Metcalf Rahall Spence Family planning programs can have a dra- Dunn Kind (WI) Rivers Mica Redmond Stearns matic influence on our ability to do something Edwards Kleczka Rodriguez Miller (FL) Riggs Stenholm Ehrlich Klug Rothman Mollohan Riley Stump about uncontrolled population growth in many Engel Kolbe Roukema Moran (KS) Roemer Stupak parts of the world. According to AID, more Eshoo Lampson Roybal-Allard Murtha Rogan Sununu than 50 million couples in the developing work Etheridge Lantos Rush Myrick Rogers Talent Evans Lazio Sabo Nethercutt Rohrabacher Tauzin use family planning as direct result of U.S. Farr Leach Sanchez Ney Ros-Lehtinen Taylor (MS) population program. In the 28 countries with Fattah Levin Sanders Northup Royce Taylor (NC) the largest AID-sponsored family planning pro- Fawell Lewis (CA) Sandlin Norwood Ryun Thornberry grams, the average of children per family has Fazio Lewis (GA) Sawyer Nussle Salmon Thune Filner Lofgren Schumer Oberstar Sanford Tiahrt declined by one-third, from six to four. Flake Lowey Scott Ortiz Saxton Traficant Assistance to other nations that seek volun- Foglietta Luther Serrano Oxley Scarborough Walsh tarily to limit their population is in our profound Foley Maloney (CT) Shaw Packard Schaefer, Dan Wamp Ford Maloney (NY) Shays Pappas Schaffer, Bob Watkins national interest. There is no greater threat to Fowler Markey Sherman Parker Sensenbrenner Watts (OK) our national security than an exploding world Frank (MA) Martinez Sisisky Paul Sessions Weldon (FL) population. The world's population now stands Franks (NJ) Matsui Skaggs Paxon Shadegg Weldon (PA) at 5.8 billion, and adds another 80 million peo- Frelinghuysen McCarthy (MO) Skeen Pease Shimkus Weller Frost McCarthy (NY) Slaughter Peterson (MN) Shuster Weygand ple every yearÐthe equivalent of adding an- Furse McDermott Smith, Adam Peterson (PA) Skelton Whitfield other New York City every month. If we don't Gejdenson McGovern Snyder Petri Smith (MI) Wicker constrain population growth, our work to im- Gephardt McHale Spratt Pickering Smith (NJ) Wolf Gibbons McKinney Stabenow Pitts Smith (OR) Young (AK) prove living standards, control pollution, and Gilchrest McNulty Stark Pombo Smith (TX) Young (FL) battle disease is hopeless. More than 95 per- Gilman Meehan Stokes Portman Smith, Linda Gordon Meek Strickland cent of population growth is occurring in devel- NOT VOTING—5 oping countries, where burgeoning population Green Menendez Tanner Greenwood Millender- Tauscher Boucher Neumann Schiff growth contributes to deforestation, water Gutierrez McDonald Thomas Gonzalez Pryce (OH) scarcity, global warming, wildlife extinction and Hamilton Miller (CA) Thompson other environmental problems that effect us Harman Minge Thurman b 1632 Hastings (FL) Mink Tierney all. Hefner Moakley Torres Messrs. SENSENBRENNER, American leadership is crucial to making Hilliard Moran (VA) Towns METCALF, WELLER, and SESSIONS family planning assistance available to couples Hinchey Morella Turner changed their vote from ‘‘aye’’ to ‘‘no.’’ Hinojosa Nadler Upton in the developing world. Partly because of our Hobson Neal Velazquez Mr. BENTSEN and Mr. SHAW leadership, a growing number of countries Hooley Obey Vento changed their vote from ‘‘no’’ to ‘‘aye.’’ now provide family planning services of their Horn Olver Visclosky So the amendment to the amendment own. If we retreat, accelerated population Houghton Owens Waters was rejected. Hoyer Pallone Watt (NC) growth will pose a direct threat to our national Jackson (IL) Pascrell Waxman The result of the vote was announced interest. Jackson-Lee Pastor Wexler as above recorded. Support family planning. Oppose the Smith (TX) Payne White The CHAIRMAN. The question is on Jefferson Pelosi Wise amendment. Johnson (CT) Pickett Woolsey the amendment offered by the gen- The CHAIRMAN. The question is on Johnson (WI) Pomeroy Wynn tleman from New Jersey [Mr. SMITH]. the amendment offered by the gen- Johnson, E. B. Porter Yates The question was taken; and the tleman from New York [Mr. GILMAN] to Kelly Price (NC) Chairman announced that the ayes ap- the amendment offered by the gen- NOES—218 peared to have it. tleman from New Jersey [Mr. SMITH]. Aderholt Cox Hoekstra RECORDED VOTE The question was taken; and the Archer Crane Holden Mr. SMITH of New Jersey. Mr. Chair- Chairman announced that the noes ap- Armey Crapo Hostettler man, I demand a recorded vote. peared to have it. Bachus Cubin Hulshof Baker Cunningham Hunter A recorded vote was ordered. RECORDED VOTE Ballenger Deal Hutchinson The CHAIRMAN. This is a 5-minute Ms. PELOSI. Mr. Chairman, I de- Barcia DeLay Hyde vote. mand a recorded vote. Barr Diaz-Balart Inglis The vote was taken by electronic de- Barrett (NE) Dickey Istook A recorded vote was ordered. Bartlett Doolittle Jenkins vice, and there were—ayes 234, noes 191, The CHAIRMAN. Pursuant to clause Barton Doyle John not voting 8, as follows: 2(c) of rule XXIII, the Chair announces Bateman Dreier Johnson, Sam [Roll No. 363] Bereuter Duncan Jones he may reduce to not less than 5 min- Bilirakis Ehlers Kanjorski AYES—234 utes the period of time within which a Bliley Emerson Kaptur Aderholt Buyer Diaz-Balart recorded vote, if ordered, may be taken Blunt English Kasich Archer Callahan Dickey on the amendment offered by the gen- Boehner Ensign Kildee Armey Calvert Doolittle Bonilla Everett Kim tleman from New Jersey [Mr. SMITH]. Bachus Camp Doyle Bono Ewing King (NY) Baker Canady Dreier The vote was taken by electronic de- Borski Forbes Kingston Ballenger Cannon Duncan vice, and there were—ayes 210, noes 218, Brady Fox Klink Barcia Chabot Dunn not voting 5, as follows: Bryant Gallegly Knollenberg Barr Chambliss Ehlers Bunning Ganske Kucinich Barrett (NE) Chenoweth Emerson [Roll No. 362] Burr Gekas LaFalce Bartlett Christensen English Burton Gillmor LaHood AYES—210 Barton Coble Ensign Buyer Goode Largent Bateman Coburn Everett Abercrombie Boehlert Condit Callahan Goodlatte Latham Bereuter Collins Ewing Ackerman Bonior Conyers Calvert Goodling LaTourette Berry Combest Foley Allen Boswell Coyne Camp Goss Lewis (KY) Bilirakis Condit Forbes Andrews Boyd Cramer Canady Graham Linder Bliley Cook Fowler Baesler Brown (CA) Cummings Cannon Granger Lipinski Blunt Cooksey Fox Baldacci Brown (FL) Danner Chabot Gutknecht Livingston Boehner Costello Gallegly Barrett (WI) Brown (OH) Davis (FL) Chambliss Hall (OH) LoBiondo Bonilla Cox Ganske Bass Campbell Davis (IL) Chenoweth Hall (TX) Lucas Bonior Cramer Gekas Becerra Capps Davis (VA) Christensen Hansen Manton Bono Crane Gibbons Bentsen Cardin DeFazio Coble Hastert Manzullo Borski Crapo Gillmor Berman Carson DeGette Coburn Hastings (WA) Mascara Brady Cubin Goode Berry Castle Delahunt Collins Hayworth McCollum Bryant Cunningham Goodlatte Bilbray Clay DeLauro Combest Hefley McCrery Bunning Danner Goodling Bishop Clayton Dellums Cook Herger McDade Burr Deal Goss Blagojevich Clement Deutsch Cooksey Hill McHugh Burton DeLay Graham Blumenauer Clyburn Dicks Costello Hilleary McInnis H6846 CONGRESSIONAL RECORD — HOUSE September 4, 1997 Granger McCollum Royce Pelosi Schumer Tierney many Americans, much less how many Gutknecht McCrery Ryun Pickett Scott Torres Hall (OH) McDade Salmon Pomeroy Serrano Towns Israelis, must be murdered before we Hall (TX) McHugh Sanford Porter Shays Turner understand as a nation that we cannot Hamilton McInnis Saxton Price (NC) Sherman Upton continue to try to prop up a man who Hansen McIntosh Scarborough Ramstad Sisisky Velazquez has blood on his hands, who has failed Hastert McIntyre Schaefer, Dan Rangel Skaggs Vento Hastings (WA) McKeon Schaffer, Bob Reyes Slaughter Visclosky to live by the Oslo accords, who has Hayworth Metcalf Sensenbrenner Rivers Smith, Adam Waters violated those accords repeatedly? Hefley Mica Shadegg Rodriguez Snyder Watt (NC) While we could not get this amend- Herger Miller (FL) Shaw Rothman Spratt Waxman ment considered to cut off all aid to Hill Moakley Shimkus Roukema Stabenow Wexler Hilleary Mollohan Shuster Roybal-Allard Stark White the Palestinians, I would just suggest Hoekstra Moran (KS) Skeen Rush Stokes Wise that our State Department seriously Holden Murtha Skelton Sabo Strickland Woolsey consider, as they approach the coming Hostettler Myrick Smith (MI) Sanchez Tanner Wynn Hulshof Neal Smith (NJ) Sanders Tauscher Yates days and discussions with the PLO, Hunter Nethercutt Smith (OR) Sandlin Thompson that they seriously consider whether it Hutchinson Ney Smith (TX) Sawyer Thurman is appropriate to further try to prop up Hyde Northup Smith, Linda this peace process in the wake of the Inglis Norwood Snowbarger NOT VOTING—8 Istook Nussle Solomon Boucher Nadler Schiff tragedies and the murders and the wan- Jenkins Oberstar Souder Gonzalez Neumann Sessions ton disregard for Israeli as well as John Ortiz Spence Jones Pryce (OH) American lives. Johnson, Sam Oxley Stearns Mr. Chairman, I would suggest, in Kanjorski Packard Stenholm b 1641 Kaptur Pappas Stump closing, that they know the characters Kasich Parker Stupak Mr. WATT of North Carolina and Mr. that have killed half-a-dozen Ameri- Kildee Paul Sununu DINGELL changed their vote from cans. We know that the PLO has re- Kim Paxon Talent ‘‘aye’’ to ‘‘no.’’ King (NY) Pease Tauzin fused to step forward and prosecute Kingston Peterson (MN) Taylor (MS) So the amendment was agreed to. them or turn them over to the Ameri- Kleczka Peterson (PA) Taylor (NC) The result of the vote was announced cans. That is egregious enough. I think Klink Petri Thomas as above recorded. all Americans would join us in what I Knollenberg Pickering Thornberry Kucinich Pitts Thune b 1645 think can only be an act of conscience, LaFalce Pombo Tiahrt and beginning to focus reality on this LaHood Portman Traficant Mr. FORBES. Mr. Chairman, I move entire process. Largent Poshard Walsh to strike the last word. Mr. Chairman, I appreciate the chair- Latham Quinn Wamp Mr. Chairman, I would like to enter LaTourette Radanovich Watkins man and the ranking minority mem- Lewis (CA) Rahall Watts (OK) into a brief colloquy with my chair- ber’s indulgence in considering earlier Lewis (KY) Redmond Weldon (FL) man, the gentleman from Alabama my bid to try to offer this amendment. Linder Regula Weldon (PA) [Mr. CALLAHAN], chairman of the Sub- Lipinski Riggs Weller It is obviously now not appropriate, Livingston Riley Weygand committee on Foreign Operations, Ex- but I do appreciate the chairman’s al- LoBiondo Roemer Whitfield port Financing, and Related Programs lowing me to talk about this. It is a Lucas Rogan Wicker of the Committee on Appropriations. tremendous tragedy in the world com- Manton Rogers Wolf Mr. Chairman, I rise today because it Manzullo Rohrabacher Young (AK) munity, and I think we need to rethink Mascara Ros-Lehtinen Young (FL) had been my intention, and I appre- where we are in this whole process. ciate the patience of the chairman for Mr. Chairman, I rise todayÐduring consider- NOES—191 entertaining my consideration of an ation of the Foreign Operations Appropriations Abercrombie Dooley Kelly amendment which ultimately we with- Act for fiscal year 1998, that provides aid for Ackerman Edwards Kennedy (MA) drew, which talked about the total Allen Ehrlich Kennedy (RI) the PalestiniansÐto condemn today's bomb- Andrews Engel Kennelly elimination of any and all funding from ing of the Ben-Yehudah Pedestrian Mall in Baesler Eshoo Kilpatrick the U.S. taxpayers to the Palestinian west Jerusalem, that has left at least five dead Baldacci Etheridge Kind (WI) Authority. and well over 100 injured. Barrett (WI) Evans Klug That amendment was under consider- Bass Farr Kolbe This atrocious act comes days before Sec- Becerra Fattah Lampson ation going back to early July, before retary of State, Madeleine Albright's visit to Is- Bentsen Fawell Lantos we had some of the most recent and rael; and right on the heels of the July 30, Berman Fazio Lazio horrendous tragedies: the one on July 1997 suicide-bombing of western Jerusalem's Bilbray Filner Leach Bishop Flake Levin 30, in which 150 people were injured, open air, Mahane Yehuda marketÐanother Blagojevich Foglietta Lewis (GA) the tragedy of July 30, which we all are act of cowardice by militant Islamic terrorists Blumenauer Ford Lofgren now only too familiar with, in which 13 that injured over 150 people, and claimed the Boehlert Frank (MA) Lowey people were killed, 150 were injured. Boswell Franks (NJ) Luther lives of 13 others, including 5 Americans. Boyd Frelinghuysen Maloney (CT) Five Americans, Mr. Chairman, five One of those killed was Leah Stern of New Brown (CA) Frost Maloney (NY) Americans were killed in Israel at the Jersey. Described by friends as a woman with Brown (FL) Furse Markey hands of the Islamic terrorists and no political interest, Ms. Stern's move to Israel Brown (OH) Gejdenson Martinez Campbell Gephardt Matsui those who would bring Israel down. had nothing to do with the peace processÐ Capps Gilchrest McCarthy (MO) Just this morning, as our day was be- that is, until two homemade explosives con- Cardin Gilman McCarthy (NY) ginning here, we got the news of the taining nails and screws tore apart her body. Carson Gordon McDermott tragedy at the Ben-Yehuda Pedestrian Castle Green McGovern Ms. Stern came to the United States, via Is- Clay Greenwood McHale Mall in West Jerusalem. We know of at rael, after World War II. According to her Clayton Gutierrez McKinney least one American from New Jersey daughter, Yocheved Kushner, Ms. Stern had Clement Harman McNulty that was killed in that horrendous at- moved to Israel to, live out the rest of her life Clyburn Hastings (FL) Meehan Conyers Hefner Meek tack, and this all is with the backdrop in peace. Instead. Ms. Stern has become a Coyne Hilliard Menendez of the chairman of the PLO hugging victim of what is, ironically, called the Middle Cummings Hinchey Millender- and embracing what I would best de- East peace process. Davis (FL) Hinojosa McDonald scribe as an international outlaw, the Mr. Chairman, between September 13, 1993 Davis (IL) Hobson Miller (CA) Davis (VA) Hooley Minge head of the Hamas terrorist group that and the July 31, 1997 bombing, there were six DeFazio Horn Mink is wreaking havoc in Israel. Americans murdered by Arab terrorists in Is- DeGette Houghton Moran (VA) Mr. Chairman, I appreciate the pa- rael. At this moment we cannot tell how high Delahunt Hoyer Morella DeLauro Jackson (IL) Obey tience of the chairman of the sub- this tally will climb. One thing we can be cer- Dellums Jackson-Lee Olver committee in entertaining my concern tain of is that there will be more to come. Imad Deutsch (TX) Owens for continued U.S. dollars being sent to Falouji, a former Hamas leader now serving in Dicks Jefferson Pallone the Palestinians. I think it is only fair Arafat's CabinetÐwhen asked whether more Dingell Johnson (CT) Pascrell Dixon Johnson (WI) Pastor to understand that by anybody’s defini- suicide bombings are likelyÐsaid, ``Another Doggett Johnson, E. B. Payne tion the peace process is dead. How explosion will happen, of course, Palestinians September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6847 have patience, but if this starvation continues, has the constitutional charge to handle Mr. STARK. Mr. Chairman, it is with great watch for the revolution.'' this measure; that they, indeed, agree concern that I express my opposition to the As a member of the Appropriations Sub- with the gentleman that different di- Foreign Operations Appropriations Act for Fis- committee on Foreign Operations, I am in a rections should be taken. cal Year [FY] 1998. Nations around the world unique position to follow the progress of the The CHAIRMAN. The time of the look to the United States to set the stage for Middle East peace process in great detail; and gentleman from New York [Mr. the foreign affairs arena. U.S. citizens look to have done so since coming to Congress 3 FORBES] has expired. Congress to set the stage for domestic prior- years ago. It is with great disappointment that (By unanimous consent, Mr. FORBES ities. This measure sets a poor example for I report to youÐthere hasn't been any was allowed to proceed for 1 additional other nations to follow and demonstrates that progress. Since the signing of the Oslo ac- minute.) we care very little for the people in our own cords in 1993, have we had peace? Have the Mr. CALLAHAN. Mr. Chairman, will country. Palestinian Authority and the PLO lived up to the gentleman yield? H.R. 2159 calls for a $33 million decrease their commitments in the Oslo accords? No, Mr. FORBES. I yield to the gen- from fiscal year 1997 for the nonproliferation, tleman from Alabama. we have not, and no, they have not. This is anti-terrorism, demining and related programs Mr. CALLAHAN. Mr. Chairman, that why I coauthored the Forbes-Saxton amend- account. China continues the proliferation of is to make certain that our leaders in ment that suspends U.S. assistance to the nuclear weapons by providing information and our foreign policy, Madeleine Albright, materials to rogue nations. The United States Palestinian Authority and PLO until the Presi- the President, have an open book and must continue to make a concerted global ef- dent can report and certify that they are com- an open mind going into these negotia- fort to assist foreign countries to combat this plying with various elements of the Oslo ac- tions. cords and other human rights laws. I think the gentleman’s message has threat of nuclear destruction. It is clear that we Personally, I would like to eliminate all as- been heard loud and clear. I am sure are making progress toward nuclear non- sistance for the Palestinians, however, I of- that the people of Israel and the sup- proliferation but until weapons of mass de- fered this amendment because it is the right porters of Israel agree with the gen- struction have been eradicated, we cannot ac- amendment at the right time. The State De- tleman, as I do, that we must look very cept cutbacks to these programs. Meanwhile, we are giving a combined total partment has failed the peace process by al- seriously at the very serious occur- of $5.2 billion to Israel and Egypt. Of this lowing Arafat's reign of terror to continue, and rences that are taking place there and amount, $1.8 billion is allocated for Foreign by not demanding better compliance. There take some actions accordingly. are too many violations and instances of mis- Ms. ESHOO. Mr. Chairman, I rise today to Military Finance which can be used for ad- conduct on the part of the Palestinians for us compliment the members of the Foreign Oper- vanced weapons systems. Another $475 mil- as a nation to ignore. We need to step back ations Subcommittee for what they have done lion is made available for procurement of de- and reexamine what we're getting for our regarding aid to Turkey, Armenia, Azerbaijan, fense-related goods and services, including re- money. Are we getting an honest peace part- and Nagorno-Karabagh. For the first time in search and development in Israel. Egypt is ner who respects its commitments to the Oslo recent memory there will not be a floor debate provided with $1.3 billion with which to pur- accords? Is the U.S. assistance furthering the on several amendments regarding Armenia. chase a tactical command and control system peaceful coexistence of Israelis and Palestin- This is because they have fashioned a fair for its army. It is incomprehensible how we ians? Currently, this is not the case. consensus position. propose to send billions of dollars overseas for Now the President has nominated Martin The provisions included in this bill preserve foreign defense, yet we expect our elderly to Indyk to be Assistant Secretary of State for the House of Representative's longstanding prolong receipt of Medicare benefits until they Near East Affairs. Hopefully Mr. Indyk will be support of the people of Armenia and are sixty-seven. Five billion dollars for defense made to answer for his compliance in this con- Nagorno-Karabagh by maintaining the eco- does not help the people of Israel, Egypt, or spiracy of silence during his confirmation hear- nomic sanctions against the Government of the United States when they are sick and in ings before the U.S. Senate Committee on Azerbaijan for its blockade of Armenia, while need of health services. Foreign Relations this fall. I strongly oppose allowing funds to be made available in Azer- H.R. 2159 fails to provide a separate ac- Mr. Indyk's nomination. baijan for democracy building. count for population development assistance. Year after year, the violations and gross The bill also allows for the crucial delivery of Instead, this measure allows up to $385 mil- misconduct of the Palestinian Authority and humanitarian aid through nongovernmental or- lion to be provided for international family PLO continue to grow. History is sometimes a ganizations to meet the tremendous needs of planning through various accounts, including cruel, but honest teacher. We can never allow those affected by the conflict in the the child survival account. The Child Survival the politics of the moment to obscure the es- Transcaucus region, including refugees, and Disease Programs fund was established sential facts: the Palestinian Authority and the wounded and displaced persons. to reduce infant mortality and improve the PLO openly violated the Oslo accords and Unfortunately, the Senate has not chosen health and nutrition of children, especially in continue to disregard the human rights of Is- the path of consensus. They have chosen to the poorest nations. It is counterproductive to raelis and Americans in Israel. lift the sanctions against Azerbaijan to curry appropriate funds for one program so that it Mr. CALLAHAN. Mr. Chairman, will favor with an oil-rich nation. I therefore urge can support another. If children's health is a the gentleman yield? the chairman and ranking member in con- priority, then we should treat it as such and Mr. FORBES. I yield to the gen- ference to remain strong and oppose any leave its funding alone. If women's health is a tleman from Alabama. weakening of section 907. priority, then we should reinstate a separate Mr. CALLAHAN. Mr. Chairman, I In 1992, Congress passed the Freedom account for international family planning activi- thank the gentleman for his efforts, Support Act. This law included a prohibition of ties. and for agreeing to allow us to do direct nonhumanitarian assistance to Azer- Each year the majority party touts its plat- something that I feel is in the best in- baijan. This action was taken in response to form of family values, yet cuts funds and puts terests of this country. I do not think the blockades placed on Armenia and restrictions on international family planning. it is any secret to anybody in this body Nagorna-Karabagh by Azerbaijan. These Given that women are the primary caretakers that I am a big believer in giving the blockades have remained in place for over 5 and household managers throughout much of administrative branch of this Govern- years, and the effect has been devastating. the developing world, their health and well- ment the authority to handle foreign They have denied fuel, heat, shelter, and being undeniably determines how their chil- policy. Nothing in this bill is ear- other basic necessities to the people of Arme- dren will fare in life. According to a 1996 re- marked for any country, including Is- nia and Karabagh, increasing their exposure port from the United Nations Children's Fund rael. to disease, hypothermia, and other public [UNICEF] almost 600,000 women die during I happen to agree with the gentleman health crises. This misery only amplifies the pregnancy and childbirth each year. Of these about the PLO, and agree that I am not problems created by armed conflict and nearly tragedies, 75,000 die attempting to abort an satisfied with the direction that seem- 400,000 refugees and displaced persons. We unwanted pregnancy themselves or with the ingly they are taking there, and that should strengthen our resolve to change Azeri help of an untrained and unsafe provider. the administration should ensure that Government behavior. Now is not the time to These deaths render at least 1 million children they do everything to put a stop to weaken section 907. motherless every year. The United States is this. Once again I commend all of those who hypocritical in its message of promoting family But my belief, however, is that the worked to resolve this issue, and hope this a values, but limiting assistance for women's administrative branch of Government good omen for the future. health in developing nations. H6848 CONGRESSIONAL RECORD — HOUSE September 4, 1997 I will not support a measure that cannot Cunningham Johnson (WI) Payne Whitfield Wolf Yates Danner Johnson, E.B. Pease Wicker Woolsey Young (AK) lead by example. I will not support a measure Davis (FL) Johnson, Sam Pelosi Wise Wynn that seeks to limit efforts to end the threat of Davis (IL) Kanjorski Peterson (MN) nuclear destruction yet builds military defenses Davis (VA) Kaptur Pickering NAYS—49 in foreign lands. I will not support a measure DeFazio Kasich Pickett Barr Hansen Rogers DeGette Kelly Pitts Barrett (NE) Hastings (WA) Rohrabacher that restricts medical resources from women Delahunt Kennedy (MA) Pomeroy Barton Hefley Royce worldwide. I will not support the Foreign Oper- DeLauro Kennedy (RI) Porter Berry Hilleary Sanders ations Appropriations Act for Fiscal Year 1998. DeLay Kennelly Portman Campbell Hostettler Schaefer, Dan The CHAIRMAN. No further Mem- Dellums Kildee Poshard Carson John Schaffer, Bob Deutsch Kilpatrick Price (NC) Chenoweth Jones Sensenbrenner bers seeking recognition, the Clerk will Diaz-Balart Kim Quinn Coburn Lucas Solomon read the final lines of the bill. Dickey King (NY) Radanovich Combest Minge Stearns The Clerk read as follows: Dicks Kingston Ramstad Condit Moran (KS) Stump Dingell Kleczka Rangel Conyers Norwood Tanner This Act may be cited as the ‘‘Foreign Op- Dixon Klink Redmond Deal Paul Taylor (MS) erations, Export Financing, and Related Pro- Doggett Klug Regula Doolittle Peterson (PA) Traficant grams Appropriations Act, 1998’’. Dooley Knollenberg Reyes Duncan Petri Watkins Doyle Kolbe Riggs Ford Pombo Young (FL) The CHAIRMAN. There are no fur- Dreier Kucinich Riley Goodling Rahall ther amendments permitted by the Dunn LaFalce Rivers Hall (TX) Roemer order of the House of July 24, 1997. Edwards LaHood Rodriguez NOT VOTING—9 Under that order, the Committee Ehlers Lampson Rogan Ehrlich Lantos Ros-Lehtinen Boucher Kind (WI) Salmon rises. Emerson Largent Rothman Gonzalez Neumann Schiff Accordingly the Committee rose; and Engel Latham Roukema Greenwood Pryce (OH) Smith (TX) the Speaker pro tempore (Mr. English LaTourette Roybal-Allard b 1713 HASTERT) having assumed the chair, Ensign Lazio Rush Eshoo Leach Ryun Mr. FORD changed his vote from Mr. THORNBERRY, Chairman of the Etheridge Levin Sabo Committee of the Whole House on the Evans Lewis (CA) Sanchez ‘‘yea’’ to ‘‘nay.’’ State of the Union, reported that that Everett Lewis (GA) Sandlin So the bill was passed. Committee, having had under consider- Ewing Lewis (KY) Sanford The result of the vote was announced Farr Linder Sawyer ation the bill (H.R. 2159) making appro- Fattah Lipinski Saxton as above recorded. priations for foreign operations, export Fawell Livingston Scarborough A motion to reconsider was laid on financing, and related programs for the Fazio LoBiondo Schumer the table. Filner Lofgren Scott fiscal year ending September 30, 1998, Flake Lowey Serrano f and for other purposes, under the pre- Foglietta Luther Sessions vious order of July 24, 1997, he reported Foley Maloney (CT) Shadegg PERSONAL EXPLANATION the bill back to the House with sundry Forbes Maloney (NY) Shaw Mr. HERGER. Mr. Speaker, on roll call no. Fowler Manton Shays amendments adopted by the Commit- Fox Manzullo Sherman 364, final passage of H.R. 2159, the Foreign tee of the Whole. Frank (MA) Markey Shimkus Operations Appropriations Act for Fiscal 1998, The SPEAKER pro tempore. Under Franks (NJ) Martinez Shuster I am recorded as having voted ``aye.'' It was the rule, the previous question is or- Frelinghuysen Mascara Sisisky Frost Matsui Skaggs my intention to vote ``no.'' dered. Furse McCarthy (MO) Skeen f Is a separate vote demanded on any Gallegly McCarthy (NY) Skelton amendment? If not, the Chair will put Ganske McCollum Slaughter AUTHORIZING THE CLERK TO Gejdenson McCrery Smith (MI) MAKE CORRECTIONS IN EN- them en gros. Gekas McDade Smith (NJ) The amendments were agreed to. Gephardt McDermott Smith (OR) GROSSMENT OF H.R. 2159, FOR- The SPEAKER pro tempore. The Gibbons McGovern Smith, Adam EIGN OPERATIONS, EXPORT FI- question is on the engrossment and Gilchrest McHale Smith, Linda NANCING, AND RELATED PRO- Gillmor McHugh Snowbarger GRAMS APPROPRIATIONS ACT, third reading of the bill. Gilman McInnis Snyder The bill was ordered to be engrossed Goode McIntosh Souder 1998 and read a third time, and was read the Goodlatte McIntyre Spence Mr. CALLAHAN. Mr. Speaker, I ask Gordon McKeon Spratt third time. Goss McKinney Stabenow unanimous consent that in the engross- The SPEAKER pro tempore. The Graham McNulty Stark ment of H.R. 2159, the Clerk be author- question is on the passage of the bill. Granger Meehan Stenholm ized to correct section numbers, punc- Pursuant to clause 7 of rule XV, the Green Meek Stokes Gutierrez Menendez Strickland tuation, cross-references, and to make yeas and nays are ordered. Gutknecht Metcalf Stupak other conforming changes as may be The vote was taken by electronic de- Hall (OH) Mica Sununu necessary to reflect the actions of the vice, and there were—yeas 375, nays 49, Hamilton Millender- Talent House today. Harman McDonald Tauscher not voting 9, as follows: Hastert Miller (CA) Tauzin The SPEAKER. Is there objection to [Roll No. 364] Hastings (FL) Miller (FL) Taylor (NC) the request of the gentleman from Ala- Hayworth Mink Thomas bama? YEAS—375 Hefner Moakley Thompson Abercrombie Blagojevich Canady Herger Mollohan Thornberry There was no objection. Ackerman Bliley Cannon Hill Moran (VA) Thune f Aderholt Blumenauer Capps Hilliard Morella Thurman Allen Blunt Cardin Hinchey Murtha Tiahrt THANKING COLLEAGUES AND Andrews Boehlert Castle Hinojosa Myrick Tierney Archer Boehner Chabot Hobson Nadler Torres STAFF Armey Bonilla Chambliss Hoekstra Neal Towns (Mr. CALLAHAN asked and was Bachus Bonior Christensen Holden Nethercutt Turner Baesler Bono Clay Hooley Ney Upton given permission to address the House Baker Borski Clayton Horn Northup Velazquez for 1 minute.) Baldacci Boswell Clement Houghton Nussle Vento Mr. CALLAHAN. Mr. Speaker, I want Ballenger Boyd Clyburn Hoyer Oberstar Visclosky to take this opportunity to thank my Barcia Brady Coble Hulshof Obey Walsh Barrett (WI) Brown (CA) Collins Hunter Olver Wamp colleagues on the subcommittee that Bartlett Brown (FL) Cook Hutchinson Ortiz Waters helped so tremendously in the drafting Bass Brown (OH) Cooksey Hyde Owens Watt (NC) of this bill and especially to the gentle- Bateman Bryant Costello Inglis Oxley Watts (OK) Becerra Bunning Cox Istook Packard Waxman woman from California [Ms. PELOSI], Bentsen Burr Coyne Jackson (IL) Pallone Weldon (FL) the ranking member of the subcommit- Bereuter Burton Cramer Jackson-Lee Pappas Weldon (PA) tee and to the staff people: Mark Mur- Berman Buyer Crane (TX) Parker Weller ray, as well as Carolyn Bartholomew; Bilbray Callahan Crapo Jefferson Pascrell Wexler Bilirakis Calvert Cubin Jenkins Pastor Weygand to the committee staff on our side, Bishop Camp Cummings Johnson (CT) Paxon White Charlie Flickner, John Shank, Bill September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6849 Inglee, and Lori Maes, for their tre- 31, 1997, the bill is considered as having President’s proposed cuts and added $13 mendous assistance in the handling of been read the first time. million over the last year. Ryan White this very controversial piece of legisla- Under the rule, the gentleman from AIDS treatment is increased by $172 tion. Illinois [Mr. PORTER] and the gen- million over last year and $132 million As Members can see, if we work in a tleman from Wisconsin [Mr. OBEY], over the President’s requested level. bipartisan spirit toward the accom- each will control 30 minutes. In education, the bill provides fund- plishment of a goal, we can achieve The Chair recognizes the gentleman ing very close to the President’s re- great numbers success. And certainly from Illinois [Mr. PORTER]. quest, but again reflects congressional the numbers on final passage of this Mr. PORTER. Mr. Chairman, I yield priorities. The Chapter VI program, the bill today reflect that. myself such time as I may consume. former education block grant which We hope that we will be able to re- Mr. Chairman, I want to express my provides broad discretion to local offi- solve with the Senate some of the dif- appreciation to the gentleman from cials to meet local needs, is increased ferences that we have and are optimis- Wisconsin [Mr. OBEY] for his work and by $40 million to $350 million. The tic that we will do so. But without the to the gentleman from Louisiana [Mr. President proposed to terminate it. tremendous success of all of the Mem- LIVINGSTON] who has, with great skill IDEA State grant funding, that is, bers, including my staff person, Nancy and effort, provided strong support in funding for special education, is in- Tippins, who worked so tremendously making this a bipartisan bill. As a re- creased by $305 million over last year. with me on this, we would not be where sult of their efforts, as well as that of In fiscal 1997, Members will recall, we we are today. many Members, we have resolved many increased funding by $790 million, mak- We are going to send to the President contentious issues such as ergonomics ing for a total increase of over $1.1 bil- and to the administrative branch a regulations issued by OSHA, methylene lion in the last 2 years and taking some good bill. I think under the leadership chloride regulations and a new Hyde of the pressure off local school taxes. of the State Department of Madeleine amendment. These initiatives and College work-study is increased by Albright that the administration cer- agreements are the work of many $30 million. We have also funded a tainly will have an adequate amount of Members of the subcommittee who la- ‘‘whole school reform’’ effort which I money to spend in the fashion that bored very hard to achieve the com- believe the gentleman from Wisconsin they see fit, especially if the Senate promises reflected in this bill and pre- [Mr. OBEY] will discuss in his remarks. sees fit to adopt the procedures that we serve the broad support for it. We have also tried to reflect the have sent to them today. I particularly want to express my President’s priorities in the bill. Head f gratitude to the gentleman from Illi- Start, education technology, job train- nois [Mr. HYDE] and the gentlewoman ing and the Job Corps are all fully GENERAL LEAVE from New York [Mrs. LOWEY] for their funded. Mr. PORTER. Mr. Speaker, I ask tireless efforts in achieving a com- The maximum Pell grant is set at unanimous consent that all Members promise on revisions to the Hyde lan- $3000. may have 5 legislative days in which to guage in the bill. Funds are set aside for the Presi- revise and extend their remarks on the The bill I bring to the floor, Mr. dent’s Opportunity Areas for Youth, consideration of the bill (H.R. 2264) Chairman, is the result of a lengthy Literacy and the expansion of Pell making appropriations for the Depart- process of consideration by the sub- grant eligibility, all pending separate ments of Labor, Health and Human committee. We held 31 days of hearings authorizations. Services, and Education, and related spanning some 14 weeks. In addition to I would note that with all the rhet- agencies for the fiscal year ending Sep- our normal practice of carefully re- oric coming from the administration tember 30, 1998, and for other purposes, viewing estimates with the administra- on the Results act and performance- and that I may include tabular and ex- tion, we had 214 public witnesses and 67 based management, not one of these traneous material. Members testify before the subcommit- new initiatives was based on improve- The SPEAKER pro tempore (Mr. tee. ments and outcomes and not one has HASTERT). Is there objection to the re- Mr. Chairman, we cannot govern this included the measures by which we will quest of the gentleman from Illinois? country by simple agreement between measure these new programs. There was no objection. the congressional leadership and the The bill also continues efforts at re- f President. While their suggestions and form. Funding for block and State recommendations are very helpful, grant programs are increased by $500 DEPARTMENTS OF LABOR, these suggestions are no substitute for million over the President’s requested HEALTH AND HUMAN SERVICES, the legislative process that has served levels. These programs represent a Re- AND EDUCATION, AND RELATED this country well for 200 years. As a re- publican approach giving greater local AGENCIES APPROPRIATIONS sult, this bill reflects congressional control and fewer Washington strings. ACT, 1998 priorities while at the same time re- Conversely, while not all I would want, The SPEAKER pro tempore. Pursu- flecting many of the President’s con- the bill terminates 25 programs with ant to the order of the House of Thurs- cerns and initiatives. 1997 funding totaling $250 million. day, July 31, 1997, and rule XXIII, the NIH is provided, Mr. Chairman, for Programs that cannot justify funding Chair declares the House in the Com- example, with a 6 percent increase. The levels on the basis of effectiveness are mittee of the Whole House on the State increased funds are being spent on frozen or cut in the bill. Goals 2000 of the Union for the consideration of areas of particular national concern in- State grants are cut by $18 million the bill, H.R. 2264. cluding cancer, diabetes and heart dis- below last year and $145 million below ease. However, all Institutes receive an the President’s request. Safe and Drug b 1719 increase over the President’s request. Free Schools and Eisenhower Profes- IN THE COMMITTEE OF THE WHOLE The President’s request was for only 1.2 sional Development are both frozen at Accordingly, the House resolved it- percent; we have provided a 6 percent last year’s level. self into the Committee of the Whole increase. Mr. Chairman, as Members well House on the State of the Union for the The Centers for Disease Control is know, the legislative riders present the consideration of the bill (H.R. 2264) provided an $87 million increase as committee with some of the most dif- making appropriations for the Depart- compared with the President’s proposal ficult issues that we face. They have ments of Labor, Health and Human in the budget agreement to cut CDC by made passing bills very difficult and Services, and Education, and related $19 million. Increases in the bill in- have often served to complicate nego- agencies for the fiscal year ending Sep- clude preventive health, chronic and tiations with the Senate and with the tember 30, 1998, and for other purposes, environmental disease prevention and administration. They make broad, con- with Mr. Goodlatte in the chair. infectious disease surveillance. sensus-based bills like the one we bring The Clerk read the title of the bill. The Community Health Center pro- to Members today virtually impossible. The CHAIRMAN. Pursuant to the gram is increased by $25 million, and As chairman, I worked very hard in order of the House of Thursday, July for health professions we rejected the conjunction with the gentleman from H6850 CONGRESSIONAL RECORD — HOUSE September 4, 1997

Wisconsin [Mr. OBEY] and the gen- This year this bill is in quite dif- taught, and the way parents and com- tleman from Louisiana [Mr. LIVING- ferent shape. It is here because Mem- munities are involved in the support of STON], as well as other Members, to re- bers in both parties have tried to listen education. That is why I am pleased solve these many difficult issues. to each other and tried to swallow that the committee is bringing to the We have included most of the legisla- some things that we differ on in the in- floor a new $205 million initiative tive provisions that were in last year’s terest of reaching an ability to rec- which the gentleman from Illinois [Mr. bill, including a prohibition on human oncile some of the deep differences that PORTER] and I have recommended to embryo research, and the prohibition we have. the committee, which includes $150 on the issuance by the NLRB of regula- I hope that we can stand here unified million in additional funding for title I tions relating to single-site bargaining. on both sides of the aisle and support and $50 million under the fund for the As I indicated at the beginning of my the package as it is presented from the improvement of education, in order to remarks, the bill also contains com- committee. It is far from perfect and it provide the ability for local schools to promise language on ergonomic stand- certainly is very different in some apply for start-up grants so that they ards and finally we have reached an ways from what I would like to see. can participate in the school reform agreement on the Hyde language assur- But in contrast to past years, this is, I movement sweeping the country. ing that Federal payments to enroll re- think, a reasonable effort at com- For the last 20 years, we have focused cipients in managed care plans cannot promise, and I look forward to support- our efforts to improve education on at- be used to pay for abortions, except for ing it, if this bill stays together. tempts to improve the performance of cases of rape or incest or to save the This bill provides a total of $80 bil- individual children, and there is noth- life of the mother. lion for the Labor-HHS-Education ing wrong with that. But there is also In this regard, I particularly want to agencies. The bill is one-tenth of 1 per- a considerable body of opinion which express my opposition to the Istook cent below the Clinton request for this tells us that it is not enough to focus simply on one classroom, or one child amendment on family planning. I am a bill. It provides 99 percent of the Presi- at a time unless you have a total at- strong supporter of voluntary family dent’s education and training budget mosphere of reform present on a planning. I believe that this amend- request, which is $257 million more in school-by-school basis. And so we are ment, though different in its drafting funding than would have been possible bringing this reform package to the from versions offered in the full com- if the committee had stuck with the mittee and last year during consider- Congress. 602(b) allocation for the subcommittee In contrast to many other initiatives ation of the bill, would have the same which was sent up by OMB in the first in many past Congresses, this is about impact. It would undermine voluntary place. the only initiative I can think of in the family planning completely. b 1730 past 15 years which has united vir- In deterring teens from seeking fam- tually every single group in the edu- ily planning services, this amendment This bill is just .2 percent below the cation community, that has united actually will cause unwanted preg- total requested for priority programs. teachers unions with school boards. It nancies and, unfortunately, abortions. Within that overall total, we have, as has also brought into the coalition the It will discourage these young women is the Congress’s prerogative, rear- chief State school officers of the 50 from seeking treatment for sexually ranged some of the spending priorities. States, the title I administrators from transmitted diseases. Funding for the Department of Edu- around the country, the National Par- There are many other problems with cation is $29.3 billion, $2.8 billion more ent-Teachers Association and many this amendment which I will discuss than in 1997. With the advance funding other groups in support of this initia- when it is offered. I would only note for the reading initiative, the total amount provided is $31.56 billion, or .2 tive. that this provision is, at its root, an This initiative has in large part been percent over the budget request. The issue for consideration by the authoriz- driven by the New American Schools bill fully funds the America Reads Ini- ing committee and should be consid- movement, which originally had its tiative by providing $260 million in ad- ered there. More importantly, it will genesis in an effort put together by a vance funding. It provides $800 million disrupt the potential for the kind of group of nationally known American broad support that will allow this bill in additional funding for existing lit- businessmen headed by David Kearns to pass, go to conference and give us eracy programs consistent with the who used to run Xerox Corporation. the ability for the first time to nego- America Reads Initiative, including They basically looked at the problems tiate with the President from a posi- title I, which is increased $150 million that we were facing in public edu- tion of strength. over the request, Head Start, which is cation. They commissioned the Rand Mr. Chairman, I believe that this bill funded at the budget request and after- Corporation to study the research to represents an example of bipartisan- school learning centers, which are determine what worked and what did ship working to find the common funded at the budget request. not work in the area of school reform, ground that we need to govern this The bill rejects some reductions sug- and they have helped around the coun- country. I commend it to the Members. gested by the administration, including try to achieve a situation in which I think that it is in very good shape a $122 million suggested cut in commu- some 700 schools have been able to use and we have worked very closely to- nity services programs. It provides an one model or another to try to improve gether and I believe that it is a bill increase for CDC, Centers for Disease school performance. that should be adopted by the House of Control, of $83 million compared to the But 1 percent school involvement is Representatives. President’s request to essentially not enough, in our view, and this Mr. Chairman, I reserve the balance freeze that budget. It fully funds the should help some 4,000 schools get into of my time. Job Corps. It does a lot of good things. the act of rethinking from the bottom Mr. OBEY. Mr. Chairman, I yield my- It also falls far short of a lot of the up how those schools are organized, self 12 minutes. country’s needs because of our lack of how they are administered and how Mr. Chairman, in politics and in gov- resources. children are taught within those ernance, there is a time to define dif- But I would like to talk for a mo- schools. It is, I think, an exciting ini- ferences and there is a time to rec- ment about a new initiative which this tiative not just because of the promise oncile those differences. Over the last 2 committee has included in this bill. that it holds for progress in academic years, on this bill perhaps more than Additional resources alone are not performance, it is also an exciting ini- any other, we have certainly defined enough to improve the quality of edu- tiative because we have bipartisan sup- our differences. They have been defined cation in this country. I think we also port for something that can truly move to a fare-thee-well, and these bills have have reached a bipartisan conclusion the reform effort forward on the basis been centrally involved in two govern- that we simply have to have basic re- not of political ideology but on the ment shutdowns, protracted debate be- forms in the way schools are adminis- basis of what works. tween the two parties, between the tered, the way they are organized, the I would like to say one other thing. I White House and the Congress, and be- way they are motivated, the way know that there are a number of indi- tween the two Houses of the Congress. teachers are taught, the way kids are viduals in the caucus of the majority September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6851 party who are concerned about this bill ADDITIONAL VIEWS SUBMITTED BY THE HONOR- the whole school has to be the target for and would like to see it shaped far ABLE DAVID OBEY AND THE HONORABLE JOHN change. All share the concept that parents more in their image. Let me simply say PORTER have to be centrally engaged at every step of to those folks, there are a good many THE ROAD TO BETTER AMERICAN SCHOOLS the decision making and evaluation process. All concur that a great deal of autonomy is No topic has more consistently been the people on this side of the aisle who feel needed for individual schools and that the focus of public debate over the last two dec- the same way coming from the oppo- current top down authority structure exist- ades than the reform of our educational sys- site direction. There are many provi- ing within most schools has got to go. Each tem. Parents know that the competition for sions in this bill that I would prefer of these concepts requires principals to sig- jobs and pay which their children will face not be here. The gentleman from Texas nificantly redefine their roles. They must be- will be quite different from what they them- come consensus builders rather than auto- [Mr. BONILLA], for instance, pushed in- selves faced only a few years ago. How they credibly hard for a provision on cratic directors. They must learn to bring fare will be determined not just by how their teachers and parents into the decision mak- ergonomics with which I strongly dis- skills stack up against other workers in agree and most of us on our side of the ing process and create a community wide their own community but how those skills commitment to the behavioral and academic aisle did, but in the interest of accom- compare with those of workers around the standards of the school. modation and trying to build biparti- globe. The relationship between living stand- All argue that the school boards, super- san consensus, we worked out our dif- ards and work skills will become increas- intendents and other administrators in the ferences and the gentleman from Texas ingly direct. school system have to be aware of the need has been able to deliver what he con- As a result, school improvement has been a for these changes and actively support siders progress in that area. central agenda item at local school board schools attempting change. All are supported meetings across the country. It absorbs The gentleman from Mississippi [Mr. by an outside set of experts who are avail- much of the deliberative time of each state able to advise and help the schools, teachers WICKER] was able to persuade the com- legislature. It is a frequent topic of debate mittee to adopt a proposal, about and principals to successfully retool their here in Congress and it is a matter of great school. Finally, each of these concepts is far which I frankly have great misgivings, concern to not only parents and students but more than an academic treatise on what peo- with respect to methyl chloride. The corporate leaders and tax payers as well. ple living in the real world should be doing. gentleman from Arkansas [Mr. DICKEY] Yet the road to school reform has proven Each of these models has been developed into was able to convince the committee to elusive. Teachers in many schools complain real functioning programs being used in a include a provision on the NLRB with with apparent justification that students are cross section of communities with very spe- which I basically disagree, as do most spending so much time taking newly man- cific and detailed guidelines for approaching members of our subcommittee on this dated standardized tests that it has signifi- the real life—every day problems of teaching cantly cut back the time available for in- and learning. side of the aisle, and other members of struction. In some classrooms, computers Over the last three decades the principle the subcommittee. And the majority purchased with the promise of revolutioniz- tool for raising educational performance na- caucus were also able to include provi- ing instruction sit idle day after day serving tionwide has been the Elementary and Sec- sions that we frankly do not agree only as icons of the difficulty of changing ondary Education Act of 1965 and specifically with, but as Will Rogers said a long the fundamental problems which face our Title I of that Act. Through Title I, the fed- time ago, ‘‘When two people agree on schools. Some thoughtful school board mem- eral government has focused substantial ad- everything, one of them is unneces- bers have reluctantly concluded that the ditional resources on underachieving chil- sary.’’ only two things that will really bring posi- dren in lower income schools. What we have The fact is, in a body of 435 people, if tive change to our schools is an infusion of learned from these new ‘‘whole school’’ mod- more talented teachers and an infusion of we are going to produce a product els is that the improvements in academic more disciplined and motivated students— performance of Title I children can be more which can reach consensus in that body two things that they ultimately feel power- broadly based and more long lasting if the and also receive the support of the less to change. focus on individual children takes place in President of the United States, we have But in the midst of this debate and the an environment in which parents and teach- to have compromises. We have them. many failed efforts to revolutionize public ers are working together for goals they both I would simply say to people on both instruction a promising set of ideas about agree with and played a role in developing. sides of the aisle, we can, if you want, school organization has taken hold and The most remarkable fact about these go down last year’s road of having divi- begun to produce extremely promising re- models is the extent to which they have suc- sion after division after division dem- sults. There is no single father to these new ceeded in improving school and student per- onstrated on this floor, or, having al- ideas. In fact, they include more than a half formance without becoming better known to a dozen detailed models developed separately the public or even to many in the education ready demonstrated the great dif- by educators at universities in different community. Among the organizations that ference of opinion that we have on a parts of the country. Each of these models have recognized the potential such models number of these issues, we can try to for reforming schools has it own special set hold for improving the effectiveness of reach for consensus and produce a bill of characteristics, but all of the models American schools are the Annenberg Foun- which we know will be signed by the would significantly change the way that the dation, the Edison Project and New Amer- President and a bill which we know can overwhelming majority of American schools ican Schools. New American Schools was pass by the fiscal year’s end so that we now operate. Strikingly, all of these models created by business leaders from a number of do not have to run the risk of again have a great deal in common with one an- the nation’s largest corporations and began other. working with local school districts in 1992 to shutting down government. Among those who have brought forth pro- I would urge Members on both sides help certain selected schools adapt to one or posals for change are James Comer at Yale, another of seven selected school reform mod- of the aisle to recognize that in the end Henry Levin at Stanford, Ted Sizer at Brown els—each representing a different version of this institution will be served best if and Robert Slavin at Johns Hopkins. Each ‘‘whole school’’ reform. More than 500 people recognize that we have fought has his own special area of emphasis. The schools in 25 states have participated for out these differences fiercely in the Comer School Development Program for in- much of that period and another 200 schools committee and support the effort that stance focuses on the organization of school have been added recently. While that is a the committee has produced. People decision making. Levin’s Accelerated tiny fraction of the more than 100,000 ele- are free obviously to offer any amend- Schools puts forth a curriculum proposal for mentary and secondary schools across the ments that they want, but I do not be- challenging students identified for remedi- country, it is providing a solid information ation. Sizer’s Coalition of Essential Schools base for examining the potential of these re- lieve that the interest of either party focuses on the ‘‘triangle of learning,’’ the re- forms. The Rand Corporation has been hired or this institution will be served by of- lationship between students, teachers and to evaluate this information. While under- fering amendments for consideration curriculum. Slavin’s Success for All and standing the long term impact of alternate that we know will simply blow up the Roots and Wings call for reallocating re- education approaches on student achieve- bill. We have had too much of that the sources into the most essential elements for ment necessarily takes many years, the past years and I hope that we have school success, curriculum, instruction and early results from these experiments have in reached the time when we will choose family support. many instances been dramatic. to resolve differences, move forward to While the area of emphasis differs from one A number of schools in Prince George’s model to the next, all of these models are County, Maryland using the ATLAS model (a new issues and hopefully also in the based on the concept that effective reform is variation on the Comer School Development process produce something that is use- a school wide proposition. In other words, Program) raised their reading scores by 30% ful and good for the workers, for the you can’t make sufficient progress by work- on the Maryland Performance Assessment children and for the ill of our society ing on one classroom or one teacher or the Program. The proportion of students scoring who are served by this legislation. curriculum for one subject area at a time, satisfactory or excellent on the exam tripled H6852 CONGRESSIONAL RECORD — HOUSE September 4, 1997 within a three year period beginning in 1992. improving academic performance. Each par- assessments based on locally defined stand- Most schools experienced a dramatic decline ticipating school would receive a grant of at ards. Teachers collaborate with parents and in discipline problems and a dramatic in- least $50,000 a year to implement a research administrators to form a learning commu- crease in levels of school attendance. tested model for whole school reform. The nity that works together to set and maintain The John F. Kennedy Elementary School funds would be used to help the school get sound management policies. in Louisville, Kentucky increased its scores the necessary outside expertise, hire the The intent of the model is to change the on the Kentucky statewide assessment by staff necessary to facilitate change and train culture of the school to promote high insti- 43% in reading and 48% in math using the existing personnel to meet the challenges of tutional and individual performance. The National Alliance reform model. In three making fundamental changes in the manner emphasis of the design is on helping school years, the school rose from among the low- in which the schools operate. The effort staffs create classroom environments in est-scoring schools in the state to the top would provide a large number of school dis- which students are active participants in 10%. tricts across the country with first hand ex- their own learning. Project-based learning is The Success for All model developed at perience and information to determine extensively used. Assessment in ATLAS Johns Hopkins University appears to have whether they wish to provide additional schools emphasize portfolios, performance been particularly successful in boosting schools with the resources necessary to examinations, and exhibitions. Community achievement among language minority stu- make the proposed changes. members are active participants on the dents. In six schools located in Baltimore We have had an extended debate in this school governing teams and the schools de- and Philadelphia, first grade students were country about school reform and that debate velop programs to encourage parental in- three months ahead of their counterparts in will no doubt continue. But it is time to do volvement. ATLAS schools are operating in other elementary schools by the end of their more than debate. We now have proposals to Norfolk, Virginia; Prince George’s County, first year. By the end of second grade they reform our schools that are not just aca- Maryland; Gorham, Maine; Seattle, Washing- were almost a year ahead of their counter- demic theories but are producing real results ton; and Philadelphia, Pennsylvania. parts. in real classrooms across America. With a Audrey Cohen College of System of Education The Hansberry Elementary School in the relatively small amount of outside re- Audrey Cohen College of System of Edu- Bronx increased the percentage of student sources, communities can restructure cation is based on the teaching methods used who passed the New York State essential schools in ways that make them signifi- at the Audrey Cohen College in New York skills test from 22% to 50% in reading and cantly more effective. We should now move City. This whole school reform model focuses from 47% to 82% in math in only two years to insure that a broader spectrum of our na- student learning on the study and achieve- beginning in 1993. Hansberry used a model tion’s schools have a chance to move forward ment of meaningful ‘‘purposes’’ for each se- developed by the Hudson Institute known as with these reforms and determine for them- mester’s academic goals. A holistic and pur- the Modern Red Schoolhouse. selves the impact these changes have on stu- The Rand Corporation noted that ‘‘By any pose-driven curriculum is the centerpiece of dent learning and school effectiveness. number of measures, New American Schools the model. Curriculum and instruction are has accomplished a great deal in its first EXAMPLES OF WHOLE SCHOOL REFORM MODELS organized around a single, developmentally four years of programmatic activity * * * Accelerated Schools appropriate purpose for each semester, cu- What began as an effort to create small num- mulating to 26 purposes in a K–12 system. Accelerated Schools, developed at Stanford Embedded in each purpose are content areas ber of outstanding designs for schools has ex- University, is a whole school reform model panded to a comprehensive strategy to re- such as English and math, and essential that focuses on an accelerated curriculum skills such as critical thinking and research- form education.’’ that emphasizes challenging and exciting While these new approaches to improving ing. Each purpose culminates in a ‘‘construc- learning activities for students who nor- tive action’’ undertaken by the class to serve schools may represent fundamental change mally are identified for remediation. One of from the way most schools now operate, it is the community. For example, in fourth the key ideas behind Accelerated Schools is grade, one purpose is ‘‘we work for good important to recognize that these ap- that rather than remediating students’ defi- proaches are very consistent with the kinds health.’’ Students achieve their purpose by cits, students who are placed at risk of using their knowledge and skills to plan, of organizational changes being brought school failure must be accelerated—given about in numerous other institutions in soci- carry out, and evaluate a ‘‘constructive ac- the kind of high-expectations curriculum tion’’ to benefit the community and larger ety. Just as American business has learned typical of programs for gifted and talented that enhancing the role and input of workers world. Leadership is emphasized. These fun- students. The program’s social goals include damental changes in the curriculum and in- and suppliers creates a common commit- reducing the dropout rate, drug use, and teen ment that improves the product and boosts struction become the organizing principles pregnancies. for all other school activities. The total ef- productivity, the full engagement of teach- The Accelerated Schools model is built ers and parents in the learning process can fect is intended to make the school and its around three central principles. One is unity programs more coherent and focused. and is producing similar results in schools. of purpose, a common vision of what the In fact, one might well argue that the stand- The purposes help the school and its offi- school should become, agreed to and worked cials identify key community resources to ard structure of American schools has toward by all school staff, parents, students changed so little in the last half century involve in the educational enterprise. The and community. A second is empowerment constructive actions help to bring the com- that these types of institutional reforms can coupled with responsibility, which means have an even greater impact on the class- munity into the school and the school into that staff, parents and students find their the community—making schools, parents room than businesses have managed to own way to transform themselves. A third produce in factories or offices. and children active partners in improving element, building on strength, means identi- the community. Schools are implementing We do not know all that we would like to fying the strengths of students, of staff and know or should know in order to fully revo- the Audrey Cohen model in San Diego, Cali- of the school, and then using these as a basis fornia; Phoenix, Arizona; Miami, Florida; lutionize the nation’s schools. We do not for reform. School staff are encouraged to know for certain which of these models Hollandale, Mississippi; Seattle, Washington; search for methods that help them to realize and Dade County, Florida. works best or which is best suited for par- their vision. There is an emphasis on reduc- Coalition of Essential Schools ticular types of schools or to meet particular ing all uses of remedial activities and on types of problems. But we certainly do know adopting engaging teaching strategies, such The Coalition of Essential Schools is based enough to know that we should begin. We as project-based learning. The schools imple- at Brown University. The Coalition is not a have sufficient experience to know that ment these principles by establishing a set of reform model per se, but an organization many more schools should be participating— cadres which include a steering committee dedicated to ‘‘Nine Common Principles of Es- that we should not only be experimenting and work on groups focused on particular sential Schools’’. The Nine Principles in- with these approaches in all of the states in- areas of concern. Accelerated schools are lo- volve certain ideas about school reform that stead of only half, but that we should have a cated in 39 states, including Colorado, Texas include building support and collaboration number of schools working with these re- and California. among teachers, students and the families of forms in each region of every state. those students in the community. The Coali- That is why we encouraged the Appropria- ATLAS (Authentic Teaching, Learning and As- tion focuses on the relationship between stu- tions Subcommittee on Labor-Health, sessment of All Students) dents, teachers and the curriculum—the Human Services and Education to provide The ATLAS Program, builds on concepts ‘‘triangle of learning’’. $200 million to start such a whole school re- embodied in the School Development Pro- In order to become a member of the Coali- form effort in the education appropriation gram and the Coalition of Essential Schools, tion of Essential Schools, a school submits a bill for the coming school year. These funds but adds other unique elements. One of these statement of its long-term goals and an ac- would be apportioned by state education offi- is a focus on pathways—groups of schools tion plan. The action plan must state how cials and the Department of Education to made up of high schools and the elementary structures, pedagogy, curriculum and assess- school districts interested in making a seri- and middle schools that feed into them— ment will change, and it must include a ous commitment to school improvement. whose staff work with each other to create statement of faculty commitment to student Schools with differing ethnic and socio- coordinated and continuous experiences for learning and engagement. Community sup- economic backgrounds would be selected as students. Teams of teachers from each path- port must be solicited throughout the proc- would schools facing differing problems in way work together to design curriculum and ess and a school-site coordinator is identified September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6853 to work as a liaison between the school, and volvement strategies. The model focuses on potential and aspire to higher levels of learn- regional or state coordinator, and the Coali- high standards in core academic subjects— ing. The design reallocates resources into a tion. Membership in the Coalition includes a English, geography, history, mathematics system of curriculum, instruction and family responsibility to participate in a network and science. Students master a rigorous cur- support designed to eliminate special edu- with other Coalition Schools, and to meet riculum designed to transit common culture, cation and low achievement. expectations that include commitment, develop character, and promote the prin- Roots and Wings provides schools with in- whole-school involvement, documentation ciples of democratic government. Modern novative curricula and instructional meth- and assessment of progress, and funds to sup- Red Schoolhouses are divided into three divi- ods in reading, writing, language arts, math- port school reform activities over a multi- sions, rather than 12 grades: primary, inter- ematics, social studies, and science. The cur- year period. mediate and upper. To advance to the next riculum emphasizes the use of cooperative Co-NECT Schools division, students must meet defined stand- learning throughout the grades. In each ac- ards and pass ‘‘watershed assessment’’. Stu- tivity, students work in cooperative groups, Co-NECT schools focus on complex inter- dents complete investigations, give oral re- do extensive writing, and use reading, math- disciplinary projects that extensively incor- ports, answer essay questions and take mul- ematics, and fine arts skills learned in other porate technology and connect students with tiple choice exams. Student progress is mon- parts of the program. Schools using this ongoing scientific investigations, informa- itored through an Individual Education Com- model are in Anson County, North Carolina; tion resources, and other students beyond pact, negotiated by the student, parent and Memphis, Dade County, Cincinnati, Elyria their own school. Co-NECT uses technology teacher. This compact establishes goals, de- and Dawson-Bryant, Ohio; Columbus, Indi- to enhance every aspect of teaching, learn- tails parent and teacher responsibilities, and ana; Everett, Washington, Flint, Michigan; ing, professional development, and school lists services the school, parents or commu- Modesto, Pasadena and Riverside, CA; Rock- management. Cross-disciplinary teaching nity should provide. ford, Illinois, St. Mary’s, Baltimore and Bal- teams work with clusters of students. Most Schools using this model are in Indianap- timore County, Maryland. students stay in the same cluster with the olis, Columbus, and Beech Grove, Indiana; same teachers for at least two years. Teach- School Development Program Franklin and Lawrence, Massachusetts; New The School Development program is a ing and learning center of interdisciplinary York City, New York; Philadelphia, Penn- projects that promote critical skills and aca- comprehensive, whole school approach to re- sylvania; Memphis, Tennessee, and San An- form based on principles of child develop- demic understanding. Teams of educators tonio, Texas. and parents set goals. Performance-based as- ment and the importance of parental in- sessments are extensively used. In addition National Alliance for Restructuring Education volvement. The program was developed at to understanding key subject areas, grad- (NA) Yale and implemented initially at two ele- uates of the Co-NECT school demonstrate The National Alliance for Restructuring mentary schools in New Haven, Connecticut. the acquisition of specific critical skills, Education is a partnership of states, dis- Each school creates three teams that take identified as sense-maker, designer, problem- tricts, schools and expert organizations cre- particular responsibility for moving the solver, decisionmaker, communicator, team ated to change the educational system whole school reform agenda forward. A worker, project-oriented worker, and respon- through a five-point set of priorities called School Planning and Management Team, sible, knowledgeable citizen. ‘‘design tasks’’: the design tasks are stand- made up of teacher, parents and administra- A school governance council, which in- ards and assessments, learning environ- tion, develops and monitors implementation cludes teachers, parents, business/commu- ments, high-performance management, com- of a comprehensive school improvement nity representatives, and administrators, munity services and supports, and public en- plan. A Mental Health Team, composed on runs the school. In addition, the school de- gagement. The model uses results-based, school staff concerned with mental health sign team provides local input concerning high performance management at the school such as school psychologists, social workers, the implementation, performance assess- and district levels with decentralized deci- counselors and teachers, plans programs fo- ment, and accountability of the Co-NECT ap- sionmaking to restructure the learning envi- cusing on prevention, building positive child proach at that particular school. The Com- ronment to support student achievement and development, positive personal relations, munity Support Board fosters access to the provide professional support to teachers and etc. The third major component of the model local community to support the Council and schools. is a Parent Program designed to build a design team. Mentoring and volunteers are Alliance sites adapt for education the prin- sense of community among school staff, par- encouraged and community input sought for ciples and techniques developed by American ents, and students. The parent Program in- standard-setting. Co-NECT schools are oper- business known as high-performance man- corporates existing parent participation ac- ating in Cincinnati, Ohio; Dade County, agement. These include strategic manage- tivities (such as the PTA) and implements Florida; Memphis, Tennessee; Philadelphia, ment, total quality management, decentral- additional activities to draw parents into the Pennsylvania; San Antonio, Texas; and ized decisonmaking and empowerment, and school, to increase opportunities for parents Worcester, Massachusetts. accountability and incentive systems. At the to provide volunteer services, and to design school level, principals are trained in these ways for having the school respect the ethnic Expeditionary Learning Outward Bound areas to better support the integration and backgrounds of its students. (ELOB) implementation of design tasks. Alliance The three teams in School Development Expeditionary Learning Outward Bound sites at the state, district and school levels Program schools work together to create (ELOB) is built on ten design principles and are tasked with developing methods for in- comprehensive plans for school reform. operates on the belief that learning is an ex- forming and involving parents and the public Schools take a holistic approach in looking pedition into the unknown. Expeditionary in the school and restructuring process. for ways to serve children’s academic and so- Learning draws on the power of purposeful, Schools in the National Alliance are in Ar- cial needs. The School Development Pro- intellectual investigations—called learning kansas; Kentucky; Vermont; Rochester, New gram is operating in schools in 25 states, in- expeditions—to improve student achieve- York; San Diego, California; and Chicago, Il- cluding Connecticut, Illinois, Maryland, ment and build character. Learning expedi- linois. Michigan, New York, North Carolina, and tions are long-term, academically rigorous, Roots and Wings Pennsylvania. interdisciplinary studies that require stu- Roots and Wings is a comprehensive, whole Talent Development Model for High Schools dents to work inside and outside the class- school reform model for elementary schools The Talent Development Model for High room. In Expeditionary Learning schools, to ensure that all children leave elementary Schools was developed at Johns Hopkins student and teachers stay together for more school with the skills required for success. It University to fill a major current void in than one year, teachers work collaboratively is based on the Success For All reading pro- American education—a dearth of proven through team teaching and shared planning, gram developed at Johns Hopkins University models of high school effectiveness. The Tal- and there is no tracking. and incorporates science, history, and math ent Development Model provides a com- Schools using this whole school reform to achieve a comprehensive academic pro- prehensive package of specific high school model are in Baltimore County, Maryland; gram. The premise of the model is that changes for at-risk students based on the Boston, Massachusetts; Cincinnati, Ohio; schools must do whatever it takes to make proposition that all students can succeed in Dade County, Florida; Decatur, Georgia; sure all students succeed. Roots and Wings school given appropriate school organiza- Denver, Colorado; Dubuque, Iowa; Memphis, schools provide at-risk students with tutors, tion, curriculum, instruction, and assistance Tennessee; New York City, New York; San family support, and a variety of other serv- as needed to assure their success. The model Antonio, Texas; and Portland, Oregon. ices aimed at eliminating obstacles to suc- focuses on a common core curriculum of high Modern Red Schoolhouse cess. standards for all students and emphasizes The Modern Red Schoolhouse whole school The Roots component of the model is the creation of small learning communities reform model helps all students achieve high aimed at preventing failure. It emphasizes through the establishment of career-focused standards through the construction of a working with children and their families to academies as schools-within-the-school. standards-driven curriculum; employment of ensure that children develop the basic skills Essential components include (1) making traditional and performance-based assess- and habits they need to succeed. The Wings schoolwork relevant by providing a career ments; effective organizational patterns and component emphasizes a highly motivating focus, (2) providing increased opportunities professional-development programs; and im- curriculum with instructional strategies for academic success, (3) providing a caring plementation of effective community-in- that encourage children to grow to their full and supportive learning environment H6854 CONGRESSIONAL RECORD — HOUSE September 4, 1997

through enhanced teacher-student inter- demic standard, being strongly research- NATIONAL PTA, actions, and (4) providing help with student based, having demonstrated effectiveness in NATIONAL HEADQUARTERS, problems, including academic, family prob- raising student achievement, being Chicago, IL, September 4, 1997. lems, substance abuse, disciplinary prob- replicable in diverse and challenging cir- Hon. DAVID OBEY, lems, and employment needs. The Talent De- cumstances, and with assistance available Ranking Member, Appropriations Subcommittee velopment High School provides assistance from networks of researchers and practition- on Labor, Health and Human Services, Edu- to students from social workers and mental ers offers the strongest promise of edu- cation, and Related Agencies, House of Rep- health professionals on the school staff and cational improvement. The Whole School resentatives, Washington, DC. by referrals to an alternative after-hours Reform Initiative in H.R. 2264 would help DEAR MR. OBEY: I am writing to reiterate school in the building designed to meet the school adopt programs that meet these im- our support for your bi-partisan proposal— needs of students who present the most dif- portant criteria. adopted as part of H.R. 2264, the House Ap- ficult disciplinary problems. The first Talent I urge you to support the Whole School Re- propriations Committee FY 1998 funding bill Development High School was established at form Initiative and vote against the Riggs for the Department of Labor, Health and Patterson High School in Baltimore, Mary- Amendment. Human Services, and Education—that would land. Additional Talent Development sites Sincerely, direct $200 million to whole-school reform are being evaluated in Washington, DC, GERALD D. MORRIS, initiatives. Philadelphia, Chicago and Los Angeles. Director of Legislation. We understand that Representative Riggs NATIONAL ASSOCIATION OF plans to offer an amendment to redirect this NATIONAL EDUCATION ASSOCIATION, STATE TITLE I DIRECTORS, $200 million to Title I basic grants. While we Washington, DC, September, 4, 1997. Washington, DC, September 4, 1997. wholeheartedly would support an increased House of Representatives, Hon. DAVID OBEY, funding allocation for Title I basic grants, House of Representatives, Washington, DC. we cannot afford to take this money away Washington, DC. DEAR REPRESENTATIVE: On behalf of the from whole-school reform initiatives. DEAR MR. OBEY: The National Association 2.3-million members of the National Edu- We know that effective school reform de- of State Title I Directors believes Title I cation Association (NEA), we urge you to op- mands a strong commitment of financial re- (Compensatory Education) will be more ef- pose the Riggs amendment to H.R. 2264, the sources and appropriate technical assistance fective with the reform efforts outlined in Labor, Health and Human Services, Edu- to ensure successful implementation. There the Whole School Reform initiative approved cation and Related Agencies Appropriations are numerous, proven, research-based models by the House Subcommittee on Appropria- bill. of effective schools that communities can tions for the Departments of Labor, Health NEA supports the Whole School Reform replicate if they have the tools. The funding and Human Services and Education. School Initiative included in H.R. 2264 as reported set aside for this purpose in H.R. 2264 would reform and improvement will not occur with- from committee. The $150 million targeted provide the important financial support out specific support. As it stands today, on to the Demonstrations of Innovative Prac- schools need to implement these whole- average each school teacher annually has tices Program and the $50 million for the Im- school reforms. over 200,000 interactions with students, par- provement of Education would provide ents, and other professionals. To expect schools with the assistance needed to fund We believe the whole-school reform initia- these professionals to be able to teach and and promote innovative and effective ap- tive would nicely complement Title I in reform their instructional programs and proaches to whole school reform. The Riggs helping economically and educationally dis- techniques without specific support is unrea- amendment would shift $200 million away advantaged students achieve educational sonable. Therefore, we ask that you continue from this excellent proposal. success. We strongly support the $200 million to push for funding for the Whole School Re- As you are aware, schools want effective in supplemental assistance for whole-school form effort and reject any attempt to trans- options for creating high-performance edu- reform and we oppose Mr. Rigg’s amendment fer funds out of this initiative. We under- cation systems, but they need targeted re- to eliminate funding for this purpose. stand that Congressman Riggs is considering sources and expert technical assistance to Sincerely, offering an amendment to transfer funds for help them adopt these reforms. The Whole SHIRLEY IGO, this reform effort, we hope that this (and School Reform Initiative, as reported from Vice President for Legislation. any other similar amendments) will be de- committee, holds out the best promise for feated. helping schools effect these reforms. COUNCIL OF THE GREAT CITY SCHOOLS, Sincerely yours, NEA urges you to vote against the Riggs Washington, DC, September 4, 1997. RICHARD LONG, Ed.D. Amendment. HOUSE OF REPRESENTATIVES, Executive Director. Sincerely, Washington DC. MARY ELIZABETH TEASLEY, DEAR REPRESENTATIVE: The Council of the AMERICAN FEDERATION OF TEACHERS, Director of Government Relations. Washington, DC, September 4, 1997. Great City Schools, the coalition of the na- DEAR REPRESENTATIVE: On behalf of the tion’s largest central city school districts, NATIONAL SCHOOL BOARDS ASSOCIATION, 950,000 members of the American Federation writes to urge opposition to Congressman Alexandria, VA, September 4, 1997. of Teachers (AFT), I urge you to oppose the Riggs’ amendment to H.R. 2264, the Labor, Hon. DAVID R. OBEY, amendment sponsored by Mr. Riggs to H.R. HHS, Education appropriations bill, which House of Representatives, Rayburn House Office 2264, the Labor, Health and Human Services, would transfer $200 million for the F.I.E. and Building, Washington, DC. Education and Related Agencies Appropria- Title I Whole School Reform Demonstration tions bill. DEAR REPRESENTATIVE OBEY: On behalf of initiative into Title I Basic Grants. The AFT supports the Whole School Re- the National School Boards Association On July 28, 1997 the Council wrote to the form Initiative included in H.R. 2264, as re- (NSBA) and the 95,000 school board members Subcommittee Chairman Porter and ranking ported from committee. The $150 million we represent through our federation of 53 member Obey supporting the Whole School under Title I—Demonstrations of Innovative states and territories, we strongly endorse Reform initiative as an important stimulus Practices Program and $50 million under the the whole school reform proposal in the FY to facilitate the broader use of effective edu- Fund for the Improvement of Education 1998 appropriations bill. The additional $200 cational practices and models. The Council would provide schools assistance to fund million in resources to support the adoption is confident that these new School Reform promising educational strategies, including by schools of research-based, whole school initiatives will be used in the schools which effective approaches to whole school reform. reform models is an important innovation. have the greatest need for substantive re- The AFT believes the real hope for improv- Research has shown us that for long-lasting form. ing public education is by expanding known, reform to take place, the principal, teachers, The Council is concerned that the amend- effective proven programs and strategies. parents, and staff—the entire school—must ment transfers funds into a formula vehicle Parents, the public, and teachers want ‘‘what reflect the reform principles. The whole which is no longer authorized by the House works’’ in the public schools. They want school reform proposal in the Labor, HHS, Committee of Education and the Workforce. schools in which students achieve at high Education FY 1998 appropriations bill will Additionally, the transfer amendment does levels in basic subjects and in which all stu- move this process forward. not target the very limited education funds dents are safe and secure. Thank you for your leadership on this im- Providing selected schools across the coun- portant issue and allowing us to work with to high need school districts in a manner try with resources to cover the additional you. For further information please call Lau- which either Subcommittee Chairman Por- costs of implementing academic programs rie A. Westley, Assistant Executive Director, ter or authorizing committee Chairman that are known to work is an especially good at 703–838–6703. Goodling have encouraged. use of limited resources. The AFT has done Sincerely, The Council, therefore, requests your oppo- considerable investigation of promising WILLIAM B. INGRAM, sition to the Riggs transfer amendment. means of school reform and has determined President. Sincerely, that the spread of instructional programs ANNE L. BRYANT, JEFFREY A. SIMERING, that meet the criteria of having high aca- Executive Director. Director of Legislative Services. September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6855

NEW AMERICAN SCHOOLS, We applaud, also, the emphasis given to de- Funding of the Whole School Reform pro- Arlington, VA, July 14, 1997. velopment of sound evaluation plans as a gram is especially important. Research es- Hon. DAVID R. OBEY, condition of receiving the grants, as well as tablishes clearly the importance of com- House of Representatives, the requirements stipulated for on-going pro- prehensive strategies which combine all re- Washington, DC. fessional development, high academic stand- sources of a school to raise student achieve- DEAR CONGRESSMAN OBEY: It is our under- ards, and community involvement. ment. The strategy is especially true for standing the Subcommittee on Labor-HHS- We agree with the committee that there schools with large proportions of low achiev- Education Appropriations will be meeting are a number of whole-school reform pro- ing students. The Whole School Reform soon to consider the fiscal year 1998 budget grams for which effectiveness is evidenced by funds will more than double the resources request for the Department of Education. We a sound research program, using control available for states to assist Title I schools also understand that the Subcommittee will groups. However, we caution the committee in refocusing their resources toward better be considering your proposal to provide ap- that there are many more reform programs performance. Combined with Title I provi- proximately $200 million in additional re- basing their success only on anecdotal eval- sions for schoolwide projects in schools with sources to the Department to support a new uations, than there are programs which have high concentrations of poverty and the state school reform initiative. the demonstrated results demanded in the program improvement funds for technical as- We are writing to express the strong sup- legislation. This is not to challenge the sistance to low-performing schools, these port of the New American Schools Develop- promise of the reform efforts sure to be stim- funds offer the additional resource needed to ment Corporation for this initiative and for ulated by the legislation. Rather, it is to change school practice while other resources your efforts. As you know, the New Amer- urge that, as opportunity arises, the com- maintain continuing direct services to stu- ican Schools Development Corporation is a mittee consider the need for a continuing dents. bipartisan, nonprofit organization launched program of research—perhaps best conducted As the FY98 appropriation for education in 1991 by American corporate and founda- through the institute structure provided by moves through the House and to conference tion leaders to help schools adopt systemic OERI—to complement this innovation with with the Senate bill, we support strongly the reforms to achieve world class, high perform- additional, hard data about conditions for ef- Subcommittee’s $405 million increase for ing schools. Utilizing corporate and founda- fective school reform. Similarly, in addition Title I and the Whole School Reform fund- tion support, we financed the research and to providing technical support for schools ing. Thank you again for your leadership in development of seven comprehensive, undertaking to evaluate their efforts, we achieving the bipartisan commitment to urge support for a substantial third-party schoolwide reform designs and tested these serve the students most in need of help. An evaluation of this exciting national commit- designs in schools and districts across the increase in their performance is essential if country. We are currently working with over ment. We appreciate the committee’s continuing our nation’s capacity for a high skills/high 700 schools that are implementing these in- support for federal research, statistics, and wage economy is to be realized. We look for- novative whole school reform designs with the regional laboratories, and look forward ward to working with you through the proc- considerable success. Secretary Riley re- to working with you to make this exciting ess. cently commended our efforts in his 1997 An- new program a success. Sincerely, nual State of American Education address. Sincerely, GORDON M. AMBACH, We believe that the results we are seeing in GERALD E. SROUFE, Executive Director. New American Schools justify a significant for the American public investment at this time to spur the Educational Re- NATIONAL SCHOOL adoption of these and other proven whole search Association. BOARDS ASSOCIATION, school reform designs that have the greatest HOWARD SILVER, Alexandria, VA, July 17, 1997. potential to improve the daily instructional for the Consortium of Hon. ARLEN SPECTER, experiences of children on a large scale. We Social Science As- U.S. Senate, Washington, DC. have found that schools want effective op- DEAR SENATOR SPECTER: On behalf of the sociations. tions for creating high performance edu- National School Boards Association (NSBA) DAVID JOHNSON, cation systems, but that they need targeted and the 95,000 school board members we rep- for the Federation of resources and expert technical assistance to resent through our federation of 53 states Behavioral, Psy- help them adopt these reforms. Your pro- and territories, we strongly urge the FY 1998 chological, and posal to provide approximately $200 million funding for K–12 education programs be a Cognitive Sciences. in start-up funding to support whole school high priority. We applaud the bipartisan KAREN ANDERSON, reform in a significant number of schools spirit of the subcommittee bill and the at- for the National would provide a powerful impetus to effec- tempts to best the Clinton Administration School Boards As- tive school reform in this country. funding in many programs, especially Title 6 sociation. Sincerely, and IDEA. We also applaud Congressman RICHARD HERSHMAN, DAVID T. KEARNS, David Obey’s (D–WI) whole school reform for the National Edu- Chairman. proposal and the fiscal increase for Title 1. cation Knowledge JOHN L. ANDERSON, Sadly, these collective increases will not Industry Associa- President. meet the needs in school districts to address tion. exploding enrollments of high-needs chil- AMERICAN EDUCATIONAL RESEARCH dren. COUNCIL OF CHIEF STATE ASSOCIATION, Our members’ strong support for the $1 bil- SCHOOL OFFICERS, Washington DC, July 24, 1997. lion increase for the Individuals with Dis- Washington, DC, July 25, 1997. Congressman DAVID OBEY, Ranking Member, abilities Education Act has been nearly Representative DAVID OBEY, Ranking Mem- Subcommittee on Labor-HHS-Education, matched by the Senate own expressions of ber, House Appropriations Committee, 1016 2462 Rayburn House Office Building, the need for the funds in S. 1, the Majority Longworth House Office Building, Wash- Washington, DC. Leader’s highest legislative priority, and ington, DC. DEAR CONGRESSMAN OBEY: I am writing you later in the Senate Budget Resolution, as DEAR REPRESENTATIVE OBEY: On behalf of on behalf of IGER, an informal coalition of the state commissioners and superintendents well as numerous statements throughout the groups interested in sound policy develop- of education, I commend your leadership in pendency of the IDEA legislation. Last ment for the federal education research pro- securing a $405 million increase for Title I month the reauthorization of IDEA became gram. The groups identified below endorse ESEA in the FY98 Labor-HHS-Education Ap- law; it provides both the programmatic the central ideas proposed by the sub- propriations bill. We commend especially framework and the urgency for the increase. committee as the whole-school reform initia- your initiative in appropriating $150 million The long-standing federal commitment to tive, and the general comments offered in start up funds for the Whole School Re- fund IDEA at 40 percent of the excess cost of below. I understanding that others in our co- form provisions, authorized under Part E, special education adds to the importance of alition, such as the NEA and AFT, already Title I, ‘‘Demonstrations of Innovative Prac- a $1 billion increase. have written letters supporting the proposed tices,’’ with an additional $50 million for this As you search for ways to increase the school reform strategy. purpose to the Fund for the Improvement for IDEA appropriation to $1 billion, we fer- We note with satisfaction that the Sub- Education and $5 million for technical assist- vently hope you will not look to other K–12 committee on Labor-HHS-Education Appro- ance and evaluation. education programs. The education of some priations has recommended that substantial Title I is an essential resource to assist the children should not be jeopardized to pay for funding be provided for start-up costs associ- nation’s most economically and education- the education of other children; that would ated with whole-school reform. Many who ally disadvantaged students achieve at the be a travesty. have studied improvement have concluded high standards they need to compete in the For further information, please call Laurie that whole-school reform represents one of global economy. We applaud the bipartisan A. Westley, Assistant Executive Director, at the most promising approaches to sustain- agreement on FY98 funding for Title I which 703–838–6703. Thank you for your support. able education achievements, and we ap- substantially exceeds the Administration’s Sincerely, plaud the fact that bulk of the funds will be request in additional money and provides WILLIAM B. INGRAM, provided to the most needy schools. first-time funding of Whole School Reform. President. H6856 CONGRESSIONAL RECORD — HOUSE September 4, 1997

ANNE L. BRYANT, THE NATIONAL ASSOCIATION OF week assessing the status of the Title I pro- Executive Director. SECONDARY SCHOOL PRINCIPALS, gram. The study entitled ‘‘Title I: A Pro- Reston, VA, July 30, 1997. gram in Transition’’ provides information on AMERICAN FEDERATION OF Hon. DAVID R. OBEY, how the program is changing based on sur- TEACHERS, U.S. House of Representatives, vey results from 43 states. While the pro- 555 NEW JERSEY AVENUE, N.W., Washington, DC. gram is clearly still in transition, the survey Washington, DC, July 15, 1997. DEAR REPRESENTATIVE OBEY: The 43,000 responses are encouraging. Congressman DAVID OBEY, members of the National Association of Sec- With the passage of the Improving Ameri- Ranking Member, Labor, Health and Human ondary School Principals congratulate you ca’s School Act in 1994, Congress redefined Services, Education and Related Agencies, on your success in gaining the approval of the Title I program. The program was re- Appropriations Subcommittee. the House Appropriation Committee to pro- focused to align content and performance DEAR CONGRESSMAN OBEY: On behalf of the vide $200 million for a new national initia- standards, hold all students responsible for American Federation of Teachers, I would tive to develop innovative, successful schools meeting those standards, expand opportuni- like to support adoption of your report lan- throughout the country. ties for professional development, expand pa- guage on effective schools as a part of the Your proposal reflects the recommenda- rental participation, and implement FY 1998 education appropriations. tions of our report, Breaking Ranks: Changing schoolwide reform. It is this last goal— The AFT believes there exist in schools an American Institution, that was prepared by schoolwide reform—that holds the promise throughout the US a number of rigorous edu- NASSP in partnership with the Carnegie for dramatic school improvements which cational programs that are solidly based on Foundation for the Advancement of Teach- will enhance student achievement. research, have records of demonstrated effec- ing. A copy of this report is enclosed. Schoolwide reform requires the active par- tiveness in improving student achievement The clear message in this report is that ticipation of teachers and parents in setting of higher academic standards, are supported school reform is not driven by a single per- goals and achieving changes. It involves the by networks of researchers and experienced son or issue but involves the whole school dedication of the entire community to the practitioners, and are known to be replicable and community. in diverse and challenging circumstances. Upon releasing this report, NASSP formed effort with an emphasis on intensive and on- The programs meeting these criteria mark a the National Alliance of High Schools and is going professional development for adminis- path that other schools can follow with con- conducting seminars and workshops around trators, teachers and staff, increased tech- fidence. Some examples of these programs the country to assist schools in implement- nical assistance, and other services needed to are Success for All, Roots and Wings, Core ing the recommendations contained in this achieve the desired changes. Knowledge, Direct Instruction, High Schools report. The National Association of State Title I that Work, International Baccalaureate, and Your initiative could be used by high Directors supports efforts to encourage and Advanced Placement. No doubt other such schools around the country to assist them in facilitate schoolwide reforms and improve- programs can be identified, as well. restructuring their school to best serve the ments. Federal support for school reform ini- It is of great importance that schools—es- needs of the students as recommended in this tiatives coupled with a continued commit- pecially schools with high concentrations of report. We applaud your foresight and look ment to proven programs like Title I would disadvantaged students—be encouraged to forward to working with you to ensure that ensure that our neediest students receive the adopt high standards, rigorous educational our nation’s students and schools are ready benefits of improved schools and strong pro- programs that we know work. Rather than for an ever changing world. grams designed to enhance learning. educational fads and ideologically-driven If we can be of any assistance, please con- We hope that you will be able to maintain schemes, it is the research-based, widely rep- tact me at (703) 860–7333. at least last year’s commitment to serve the licated, demonstrably effective, and network Kind personal regards, same number of children, while supporting a supported programs that will produce solid TIMOTHY J. DYER, needed new ‘‘Whole School Reform’’ initia- academic gains for all children. Executive Director tive. Sincerely, Sincerely, GERALD MORRIS, NATIONAL EDUCATION ASSOCIATION, RICHARD LONG, Director of Legislation. Washington, DC, July 15, 1997. Executive Director. Hon. DAVID OBEY, NATIONAL PTA HEADQUARTERS, Rayburn House Office Building, Washington, COUNCIL OF THE GREAT CITY SCHOOLS, Chicago, IL, July 22, 1997. DC. Washington, DC, July 28, 1997. Hon. DAVID OBEY, DEAR REPRESENTATIVE OBEY: It is NEA’s Hon. DAVID OBEY, Ranking Member, Appropriations Subcommittee understanding that the Subcommittee on House of Representatives, Washington, DC. on Labor, Health and Human Services, Labor-HHS-Education Appropriations will be DEAR CONGRESSMAN OBEY: The Council of Education, and Related Agencies, meeting soon to consider the FY 1998 budget the Great City Schools, the coalition of the U.S. House of Representatives, request for the Department of Education. nation’s largest central city school districts, Washington, DC. NEA also understands that the Subcommit- support the school improvement approach DEAR MR. OBEY: I am writing in support of tee will be considering a proposal by you to using research-based models and effective your proposal—adopted as part of the House provide approximately $200 million in addi- practices reflected in your Whole School Re- Subcommittee on Labor, Health and Human tional resources to the Department to sup- form initiative in the Title I and FIE ac- Services, and Education appropriations bill port a new school reform initiative. counts of the FY98 appropriations. Virtually The NEA’s more than 2.3 million members for fiscal year 1998—to direct $200 million to every school district, including the most dis- labor daily in schools and communities the Department of Education for whole- advantaged, have a number of schools and across America to support and sustain school school reform initiatives. programs which are documenting success. The nearly 6.5 million members of the Na- reform initiatives. Your proposal would pro- Yet, the adaptation and replication of such tional PTA understand that effective school vide important assistance. effective practices in other schools or sys- reform demands a strong commitment of fi- As you are aware, schools want effective temwide has not been mastered. Your Whole nancial resources and appropriate technical options for creating high-performance edu- School Reform demonstrations provide an assistance to ensure successful implementa- cation systems, but they need targeted re- important stimulus to facilitating the broad- tion. We know that good schools share com- sources and expert technical assistance to mon elements including strong parental and help them adopt these reforms. Your pro- er use of effective programs. community support, challenging academic posal to provide approximately $200 million Additionally, the Council would like to standards, and ongoing professional develop- in start-up funding to support whole school commend you and the Subcommittee for in- ment opportunities. Your proposal, which reform in a significant number of schools vesting over $400 million in new funding for considers these factors, would provide impor- would provide a powerful impetus to effec- Title I, and for using a targeted funding ap- tant financial support for schools that are tive school reform in this country. proach. The 1994 Census update has dem- trying to implement these whole-school re- Sincerely, onstrated that there are 28 percent more forms. MARY ELIZABETH TEASLEY, low-income children in the nation than We believe your initiative would nicely Director of Government Relations. under the 1990 Census count. Without this complement proven programs like Title I in additional investment, particularly for the helping economically and educationally dis- NATIONAL ASSOCIATION OF STATE poorest schools, the per child purchasing advantaged students achieve educational TITLE I DIRECTORS, power of each Title I dollar would have success. We support an increased Federal Washington, DC, July 18, 1997. dropped by nearly one-third, based on this funding commitment for Title I and the sup- DEAR SENATOR: On behalf of the National increased number of poor school-age chil- plemental assistance offered in your whole- Association of State Title I Directors, I urge dren. school reform initiative. you to support the goals and intent of the The Council supports your initiative and Thank you for your efforts on behalf of school reform plan recently approved by the looks forward to working with you to enact America’s children. House Labor, Health and Human Services, it. Sincerely, Education Appropriations Subcommittee. Sincerely, SHIRLEY IGO, The National Association of State Title I MICHAEL CASSERLY, Vice President for Legislation. Directors (NASTID) released a study this Executive Director. September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6857

COMMITTEE FOR EDUCATION FUNDING, making the honor roll had jumped 75%, the of hearing our son explain what he had Washington, DC, July 18, 1997. number of students enrolled in advanced- learned in school. Most rewarding of all, we Member, level courses had increased 25%, and attend- saw evidence of tremendous growth and in- Committee on Appropriations, House of Rep- ance rates had gone from 89% to almost 94%. volvement in the quality of his work.’’ resentatives, Washington, DC. In 1996, West Mecklenburg High School won ATLAS parent. DEAR REPRESENTATIVE: The Committee for a Redbook America’s Best Schools Project SUCCESS FOR ALL Education Funding, a nonpartisan coalition Award for Significant Improvement and an Success for All is an elementary whole of 88 organizations representing the broad Outstanding Program Award from the Char- school reform program designed to ensure spectrum of the education community, com- lotte-Mecklenburg Schools. that all children are successful in reading, mends the remarkable bipartisan effort of Comments writing, and language arts from the begin- the House Appropriations Subcommittee for ‘‘We recruited a very small nucleus of par- ning of their time in school. It uses innova- Labor, Health and Human Services and Edu- ents who were bold enough to go into their tive curricula and extensive professional de- cation on FY98 spending for education. The neighborhoods, knock on doors, make tele- velopment in grades pre-K to six; one-to-one bill reported on July 15 takes a solid first phone calls, look parents eye to eye, and ask tutoring for primary-age children struggling step for education funding within the con- for their involvement.’’ West Mecklenburg in reading; and extensive family support ac- straints of the subcommittee’s budget allo- High School principal. tivities. cation. Considering the degree to which this ‘‘If you want to talk about moving from Lincoln elementary School, Palm Beach County, allocation falls short of human investment the bottom of the heap and bring one of only Florida needs and priorities, the subcommittee made two high schools in the district that was able Lincoln Elementary School, located in the a substantial commitment to education. to reach its benchmark goals—through using shadow of the beachfront resort hotels, We commend particularly the increase in the SDP process—in two years, then based on serves a very impoverished population of the maximum Pell grant to $3,000 and the ad- the growth pattern, you would consider West 1,230 students, 94% of whom are African- ditional funds set aside to expand access to Mecklenburg to be the number one high American. Eighty-six percent of the students more students. The bill also makes an impor- school in Charlotte-Mecklenburg.’’ SDP Di- qualify for free or reduced price lunches. tant investment in whole school reform be- rector for the Charlotte-Mecklenburg Public Lincoln was one of the lowest-achieving yond the President’s request for Title I and Schools schools in Palm Beach County, and was on restores vital Title VI and Impact Aid fund- the Florida State list of critically low- ing. ATLAS (AUTHENTIC TEACHING, LEARNING, AND ASSESSMENT FOR ALL STUDENTS) achieving schools. However, since imple- There are areas where the bill falls short menting Success for All, reading scores have The ATLAS (Authentic Teaching, Learn- which must be addressed as the process con- improved so much that it is no longer on tinues. This includes restoration and in- ing, and Assessment for all Students) whole that list. In 1996–97, Lincoln’s reading com- creases needed in campus-based student aid; school reform model is a variation of the prehension scores increased an average of 12 real growth in programs for professional de- School Development Program. The model fo- percentage points. Students also made sub- velopment, vocational education and other cuses on the organization of school decision stantial progress on Florida’s writing test. making, creating a personalized learning en- critical programs; fulfillment of Congres- Comments sional commitments to students with dis- vironment for all students, and bridging the abilities; and full funding of the budget gap between home, school, neighborhoods ‘‘We’ve bought in. And one of the things that’s important is that the staff does buy in agreement priorities for elementary, second- and work. ATLAS communities revolve to the program’’. Success for All principal. ary, and postsecondary education. around pathways—groups of schools made up ‘‘This is the first book I have found that Again, we commend the bipartisan spirit of a high school and the elementary and mid- makes a profound, positive impact on the lit- that has produced this bill and urge the com- dle schools that feed into it. Teams of teach- eracy of a whole school population. Success mittee to make additional critical improve- ers from each pathway work together to de- for All works. My students are happy, pro- ments as the appropriations process moves sign curriculum and assessments based on lo- ductive readers.’’ Success for All elementary forward to a final bill. cally defined standards. The teachers in each school principal. Sincerely, pathway collaborate with parents and ad- ROOTS AND WINGS CARNIE C. HAYES, ministrators to form a learning community President. that works together to set and maintain This elementary school reform model EDWARD R. KEALY, sound management policies. builds on the Success for All reading pro- Executive Director. Norview High School, Norfolk, VA gram and incorporates science, history, and math to achieve a comprehensive academic Norview High School is located in Norfolk, WHOLE SCHOOL REFORM CASE STUDY program. The premise of the model is that Virginia—an urban center in the southeast- SCHOOL DEVELOPMENT PROGRAM schools must do what it takes to make sure ern part of the state—and forms an ATLAS all students succeed. To that end, Roots and The School Development Program uses pathway with Tanners Creek Elementary Wings schools provide at-risk students with child development and relationship theories and Rosemont Middle School. Norview’s 1700 tutors, family support, and a variety of other and principles to improve the academic and member student body is predominantly Afri- strategies aimed at eliminating obstacles to psychosocial functioning of students. The can-American students, where 40% of the success. While the ‘‘roots’’ of the model refer collaboration of teachers, administrators, students qualify for free or reduced lunch. to mastery of basics, the ‘‘wings’’ represent staff, families and community residents, all The faculty has successfully revised the class advanced accomplishments that students of whom have a stake in the education of the schedule to provide 90 minute classes, allow- achieve through interdisciplinary projects community’s children, is key to the process. ing more time for in-depth assignments and and a challenging curriculum. The program recognizes the importance of independent projects. Students demonstrate Lackland City Elementary School, San Antonio, adult relationships and the role of parents what they have learned through student Texas and community in schools, while placing portfolios, performance examination, and ex- Lackland City Elementary School, located children and their needs at the center of all hibitions. Families and community members in the southwest quadrant of San Antonio, school decisions. are exhibition judges, who ask questions Texas, originally served primarily military that help determine how well students un- West Mecklenburg High School, Charlotte, families, but now the community is pri- derstand what they have learned. North Carolina marily working class families employed in Since Norview began with ATLAS in 1992, West Mecklenburg High School is one of the private sector. The student body is pri- the number of students scoring above 1000 on the oldest schools in Charlotte, North Caro- marily Hispanic; many students live with combined SAT scores has increased over lina. Once regarded as the country school for one parent and depend on public assistance. 300%. Parental involvement has increased to the west side of the community, it now Student mobility is 40 percent. Lackland nearly 100 percent. Large numbers of parents serves a highly transient, commercial and City Elementary successfully implemented are attending student-led parent conferences industrial area near the airport. In the last the Success for All reading component in all and enrolling in literacy training. In 1996, five years, the student body has grown by grades. Special effort was put into making Norview High School was one of 19 schools 33% to 1600 students who are largely of mid- sure that all students had opportunities to recognized nationally for innovation in the dle to lower economic status. In 1992, the take books home to read. Additional support school experienced a major upheaval, with classroom by the Redbook Magazine Blue was provided for reading by having older stu- the addition of over 300 at-risk students from Ribbon School Award. dents listen to younger students read during a competing high school. Incidents with guns Comments breakfast served to most students in the and knives rose sharply. Out of 11 high ‘‘I won’t go to a traditional program. I school. The school began implementation of schools in the district, West Mecklenburg work more with this, but I don’t regret it be- the Roots and Wings math component in the was in the bottom quartile. When a new prin- cause my kids are taking responsibility for third, fourth, and fifth grades in the fall of cipal introduced the School Development their own learning.’’ ATLAS teacher. 1996. The family support component has been Program in 1992, transformation of the ‘‘We have been most impressed with the in place since 1994. The school’s focus on school became a team effort. Within two positive outcomes of Gorham’s involvement community involvement has led to a part- years, SAT scores had risen by an average of in the ATLAS project * * * During con- nership with a local hospital to provide im- 16 percentage points, the number of students ferences held recently, we had the pleasure munization services at the school. H6858 CONGRESSIONAL RECORD — HOUSE September 4, 1997 Working with the Roots and Wings model, achieve high standards in core academic sub- in Holandale, a small rural town in the lower 84% of students achieved grade level objec- jects—English, geography, history, mathe- Delta region of western Mississippi. Sim- tives on the Texas statewide assessment in matics and science. Modern Red School- mons, which serves a high percentage of low- reading, and 85% achieved grade level objec- houses are divided into three divisions, rath- income students in one of the poorest com- tives in math—representing an increase of 35 er than 12 grades: primary, intermediate and munities in the country, has become a suc- percentage points over the previous year. All upper. To advance to the next division, stu- cess story after state test scores were re- students read books of their choice at home dents must meet defined standards and pass leased in 1995. Across most grades, overall for at least 20 minutes each night. The ‘‘watershed assessments’’. Students complete performance rose from the 30–40th percentile school reports that 99% of parents listing to investigations, give oral reports, answer to the 50–60th percentile in the 1995–95 school or discuss the reading with their children essay questions and take multiple choice year. Student scores continued to increase and sign a reading response form each week. exams. Student progress is monitored through 1996 when fifth grade students Comments through an Individual Education Compact, ranked third of all districts in the state in ‘‘When using the basal, many students negotiated by the student, parent and teach- language, ninth in reading and 16th in math- acted like the dreaded math. After we had er. This compact establishes goals, details ematics. begun Math Wings and had gone over several parent and teacher responsibilities, and lists Comments lessons, there was a change. Now students services the school, parents or community ‘‘The 1994–95 school year has been very re- get ready very quickly, more students get should provide. warding. I’m very much pleased with the re- their homework in, and there is an enthu- Beech Grove Middle School, Beech Grove, lationships that have advanced between the siasm for math and teamwork . . . More kids Indiana school and the community. The Audrey are excited, working on-task and enjoying it. Beech Grove Middle School is located in a Cohen College System of Education is really It’s great to see them enjoying it. I enjoy it stable, suburban community outside of Indi- an asset to our rural, Delta town. The stu- more too.’’ Roots and Wings teacher anapolis, Indiana. Its 500-student body is pri- dents in Hollandale have made some perma- NATIONAL ALLIANCE FOR RESTRUCTURING marily Caucasian. Beech Grove began work- nent changes in this town due to their Con- EDUCATION ing with the Modern Red Schoolhouse model structive Actions.’’ Simmons Elementary The National Alliance is a partnership of in the fall 1994. Staff have created a process School principal schools, states and national organizations to review, revise and develop new inter- ‘‘Sam is excited about each purpose and created to change the educational system disciplinary, thematic curriculum units. wants to participate in each step. He uses his through a five-point set of priorities called Teachers track student work against the mind for ideas of his own. He will be asked to ‘‘design tasks’’. The design tasks include: curriculum. The school leadership team do this to survive in his adult life. This is standards and assessments, learning environ- works with the principal to make curricular usually begun in college of private schools. I ments, high-performance management, com- and budgetary recommendations focused on am extremely pleased that you allow this munity services and supports, and public en- increased student achievement. Each class- ability to grow at this young age.’’ Audrey gagement. This whole school reform model room is equipped with a phone, supported by Cohen College parent uses results-based, high performance man- voice mail, that has increased parent to CO-NECT agement at the school and district levels teacher communication. The school has es- The Co-NECT whole school reform model with decentralized decision-making to re- tablished a student mentoring program in focuses on complex interdisciplinary projects structure the learning environment to sup- partnership with a local high school with that extensively incorporate technology and port student achievement and provide profes- help from the school’s community involve- connect students with ongoing scientific in- sional support to teachers and schools. The ment task force. vestigations, information resources, and National Alliance seeks to enable all grad- In 1996, sixth-grade students experienced a other students beyond their own school. Co- uating high school students to attain the 13% increase in total battery scores over the NECT schools use technology to enhance Certificate of Initial Mastery, a credential year before. Administrators and teachers at- every aspect of teaching, learning, profes- representing a high standard of academic ac- tribute the increases in student achievement sional development, and school management. complishment. to enhanced and enriched curriculum con- Cross-disciplinary teaching teams work with John F. Kennedy Elementary School, Louisville, tent associated with the Modern Red School- clusters of students. Most students stay in house. Kentucky the same cluster with the same teachers for Once known for all the wrong reasons, Comments at least two years. A school team of teach- John F. Kennedy Elementary School—an ‘‘We’ve been extremely pleased with our ers, administrators and parents sets goals for inner city school in Louisville, Kentucky— daughter’s progress and willingness to learn. the school and monitors results. Perform- has improved student performance remark- She loves the computer workshops. I would ance-based assessments are used extensively. ably over the past five years working with choose the Modern Red Schoolhouse again Riviera Middle School, Dade County, Florida the National Alliance whole school reform and again. Progressing at her pace is great Riviera Middle School is located in subur- model. Teachers and parents credit the and allows the child to feel successful. Super ban Dade County, Florida—a community of school’s remarkable improvement to its is our rating for MRSh!’’ Modern Red School- mostly middle-income families outside of commitment to ensuring that all children house Parent Miami. The school has primarily Hispanic achieve at high levels and a relentless focus This is gifted and talented program for all students, of which 48% qualify for free or re- on student achievement. students.’’ Modern Red Schoolhouse Parent duced price lunch. In 1995, the school began The school increased its scores on the Ken- AUDREY COHEN COLLEGE SYSTEM OF EDUCATION working with Co-NECT with a week-long tucky statewide assessment by 43% in read- The Audrey Cohen College System of Edu- training session for the staff. During the ing and 48% in math. Over a three-year pe- cation focuses student learning on the study three years prior to becoming a Co-NECT riod, the school rose from among the lowest- and achievement of meaningful ‘‘purposes’’ school, Riviera had begun the process of scoring schools in the state to the top 10%. for each semester’s academic goals. Each training staff in how to use technology in The school’s principal, who was once sum- purpose culminates in a ‘‘constructive ac- the classroom, wiring all classrooms, and moned to the superintendent’s office to ex- tion’’ undertaken by the class to serve the setting up a school-wide network. Working plain a high kindergarten failure rate, in 1996 community. For example, in fourth grade, with Co-NECT, Riviera began using the tech- received a visit from the state commissioner one purpose is ‘‘we work for good health’’; in nology to enhance a rigorous and challeng- of education who came to present her with a grade ten, a purpose is ‘‘I use science and ing project-based curriculum. prestigious Milliken Family Foundation technology to help shape a just and projec- After only one year of using the Co-NECT award. tive society’’. In the early grades, each class model, Riviera students’ reading scores rose Comments addresses its ‘‘purpose’’ as a group, planning by 17% on the Florida statewide writing test. ‘‘No child is lost in the shuffle at Ken- and implementing a ‘‘constructive action’’ in Riviera students also raised their math and nedy.’’ National Alliance Parent the community with the guidance of a teach- reading scores by 3 percentile points across ‘‘I could see us getting stronger and er. Older students plan and implement their all grades. Faculty and student morale are stronger. We began to focus on quality work own ‘‘constructive action’’ with teacher in- at an all time high, and the school continues for our students. Our students have many volvement. Embedded in each ‘‘purpose’’ are to be featured in local media as an outstand- challenges on a personal level—families in content areas such as English and math, and ing example of the integration of technology distress, families where children are dis- essential skills such as critical thinking and into the classroom. placed, in homeless shelters. . . . We can give researching. Leadership is emphasized and Comments these children extra hugs and love and let students are expected to meet high academic ‘‘We already had a lot of equipment, and them know we care. But when it comes to standards. These fundamental changes in the our teachers were well trained in using com- academic performance, there can be no ex- curriculum and instruction become the orga- plex software programs . . . But the empha- cuses . . . We say, ‘If you want an A, then nizing principles for all other school activi- sis in Co-NECT is not the equipment, it’s this is what’s required.’ ’’ Principal, John F. ties. how you use it’’. Riviera Middle School prin- Kennedy Elementary School Simmons Elementary School, Hollandale, cipal MODERN RED SCHOOLHOUSE Mississippi ‘‘My kids are straight-A students. There The Modern Red Schoolhouse whole school Simmons Elementary School, an Audrey was no reason to pull them out of a tradi- reform model strives to help all students Cohen College School of six years, is located tional school setting. But I wanted them to September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6859 do more than just read, memorize and be Comer schools produced achievement scores from among the lowest-scoring schools in tested on things they could forget in six that substantially exceeded both those of the state to the top 10%. weeks. Co-NECT had more to offer them to other students in high-poverty schools, and The Riviera Middle School is located in help them become better-rounded students. equaled or exceeded those of initially low- suburban Dade County, Florida and began This program helps them develop not just achieving students in typical schools.’’ Spe- working with the Co-NECT reform model in academic skills, but also skills to become cial Strategies Studies for Educating Dis- August 1995. Since 1995, SAT scores are up 3 self-starters, self-thinkers and self- advantaged Children: Final Report, 1997. percentile points in both reading math motivators.’’ Co-NECT Parent Since 1992, elementary students from a across all grades, and the school continues to be featured in local media as an outstanding EXPEDITIONARY LEARNING OUTWARD BOUND group of schools in Prince Georges County, Maryland using the ATLAS model (a vari- example of the integration of technology The Expeditionary Learning whole school ation of the Comer School Development Pro- into the curriculum. reform model is based on the belief that gram) raised their reading scores by 30 per- A group of Expeditionary Learning schools learning is an expedition into the unknown. cent on the Maryland School Performance in Dubuque, Iowa raised test scores in read- Expeditionary Learning draws on the power Assessment Program (MSPAP). The propor- ing and math from 1992 to 1994 on the Iowa of purposeful, intellectual investigations, tion of all students in the ATLAS pathway Test of Basic Skills. At Lincoln Elementary, called learning expeditions, to improve stu- scoring satisfactory or excellent on the exam 4th graders improved from the 43rd national dent achievement and build character. percentile in 1992 to the 80th percentile in tripled between 1992 and 1995. Learning expeditions are long-term, aca- At Norview High School—an ATLAS 1994. At Table Mound Elementary, 4th grad- demically rigorous, interdisciplinary studies school in Norfolk, Virginia, the number of ers’ percentiles increased from 39 in 1992 to that require students to work inside and out- students scoring above 1000 on combined 80 in 1994 when they were retested in the 6th grade. side the classroom. In Expeditionary Learn- SAT scores has increased over 300% since the Lackland City Elementary School began ing schools, students and teachers stay to- school began implementing the ATLAS gether for more than one year, teachers working with the Success For All model in model. In 1996, Norview High School was one the fall of 1994, and implemented the math work collaboratively through team teaching of 19 schools recognized nationally for inno- and shared planning, and tracking is elimi- component of Roots and Wings in the fall of vation in the classroom by the Redbook 1996. Over 80% of students are achieving nated. Magazine Blue Ribbon School Award. Lincoln Elementary School, Dubuque, Iowa grade level objectives in reading and math, After the principal at West Mecklenburgh and the school reports that 99% of parents Lincoln Elementary School, a 400-student High School in Charlotte, North Carolina, re- help their children with reading for 20 min- school located in a lower, middle class neigh- organized the school using the Comer School utes each night. borhood in Dubuque, Iowa, has been working Development Program, the number of stu- Significant improvement in student out- with Expeditionary Learning since 1993. Fac- dents on the honor roll jumped 75%, the comes was achieved by the Central Park ulty teach ‘‘learning expeditions’’ in every number of students enrolled in advanced East schools in New York City using the grade as a primary curriculum vehicle. Stu- classes increased 25%, and attendance rose principles of the Coalition of Essential dents now look forward in each grade to the from 89% to 94%. Schools. New Leaders for Tomorrow’s ‘‘famous’’ expeditions. Teachers plan to- Evaluation of seven years of continuous Schools, North Central Regional Educational gether by grade-level or clusters. All stu- data on the six original Success for All Laboratory, Winter 1995. dents have portfolios. A ropes course in- schools in Baltimore and Philadelphia By developing its own secondary school, stalled in the gym is used in all classes to de- showed that students increase their reading Central Park East in New York City—a velop teamwork and risk-taking for teachers performance significantly compared to a member of the Coalition of Essential and students. Test scores have improved sig- matched control school, as measured by reli- Schools—increased the percentage of ele- nificantly—4th graders improved in the Iowa able and valid instruments. Researchers mentary school graduates going on to col- Test of Basic Skills from the 43rd national found that Success for All students tend to lege from two-thirds to 91 percent. percentile in 1992 to the 80th percentile in perform about three months ahead of control A study of Roots and Wings carried out in 1994. Parental participation in school affairs students by the first grade and more than a four pilot schools in St. Mary’s County, has increased dramatically. year ahead by the fifth grade, indicating Maryland—where an average of 48 percent of students qualified for free lunch and 21 per- Comments that the program has not only an immediate effect on students’ reading performance, but cent were Title 1 eligible—in rural southern ‘‘I felt like a real scientist looking into a also that the effect increases over successive Maryland found that Roots and Wings stu- microscope, and when I found the specimen I years of use by schools. Research and Devel- dents showed substantial growth on Mary- felt awesome. When you are done with the opment Report, Center for Research on the land School Performance Assessment Pro- expedition, you go home and tell your mom Education of Students Placed At Risk, Johns gram 3rd and 5th grade assessments. The and dad what you learned and they prac- Hopkins University, October 1996. number of Roots and Wings students achiev- tically don’t even know what you are talking Success for All has had particularly prom- ing satisfactory or excellent increased by about. Six weeks ago, I would never have ising results for language minority students. twice as much as the state rate in all sub- known about pond life.’’ Fifth grade Expedi- Schools using Lee Conmigo—the Spanish jects tested (reading, language, writing, tionary Learning student, Dubuque, Iowa. version of Success for All—in Philadelphia math, science, and social studies). Bold found that Lee Conmigo students at the end Plans for School Restricting: The New Amer- EVIDENCE OF THE RESULTS OF WHOLE SCHOOL of the 2nd grade were nearly a grade ahead of ican Schools Development Corporation De- REFORM students in control schools. signs, 1996. From 1993 to 1995, the number of Roots and ‘‘Do we need many more models of how we In one review of promising schoolwide re- Wings 3rd graders scoring satisfactory or can fix troubled schools? Yes, of course we do forms, researchers reported significant better increased by almost 19%, while the and fortunately, help is readily available. achievement gains for students in schools percentage of other Maryland 3rd graders Dedicated educators like James Comer, using several New American School designs, Henry Levin, E.D. Hirsh, Deborah Maier, Ted scoring at least satisfactory increased only including Roots and Wings, ATLAS, Co- 8%. Statewide, 5th graders gained an average Sizer, Marc Tucker and Gene Bottoms are NECT, Modern Red Schoolhouse, Expedition- of 6 percentage points, compared with a gain doing the hard work of creating new models ary Learning, and the National Alliance for of 13 percentage points for Roots and Wings of excellence. The models are each unique in Restructuring Education, Promising Pro- 5th graders. their own way. But they all have one com- grams for Elementary and Middle Schools: Recent data analysis from studies of a New mon denominator—they all set high stand- Evidence of Effectiveness and Replicability, York school district indicate significant ef- ards.’’ Fourth Annual State of American Olatokunbo Fashola and Robert Slavin, Jan- fects on student achievement in schools Education Address, Secretary Richard Riley, uary 1997. using the Comer School Development pro- 1997. Using the Modern Red Schoolhouse model, gram. Sixteen schools were arranged into A 1997 study sponsored by the Department the Hansberry Elementary School in the groups based on the degree to which they of Education found that students in several Bronx, New York increased the percentage of were effectively implementing the Comer schools using schoolwide reforms began the students who passed New York State’s essen- model. In schools implementing Comer to a study far below the national average, yet tial skills test from 22% to 50% in reading high degree, 61% of students were at or above made academic gains toward or exceeding and from 47% to 82% in math from 1993 to the national average in math scores and 56% national means. In some schools the gains 1995. In two years, Hansberry School also were above in reading scores. In schools im- were dramatic. Progress made by students in doubled its score on the Degrees of Reading plementing Comer to a low degree, 40% of the schools using Success for All and Comer Power exam, which measures how many stu- students were at or above the national aver- School Development was particularly en- dents are reading at or above the 50th per- age in math scores and only 36% were above couraging. The initially low-achieving stu- centile. in reading scores. Researchers found a sig- dents in the Success for All and Comer The John F. Kennedy Elementary School nificant correlation between the effective- schools began the study with reading com- in Louisville, Kentucky increased its scores ness of implementation of the Comer model prehension levels below even the average for on the Kentucky statewide assessment by and student outcomes. Comer School Devel- low-achieving students in high-poverty 43% in reading and 48% in math, working opment Program Effects: A Ten Year Re- schools. Yet, over their first three years in with the National Alliance reform model. view, 1986–1996, Norris Haynes and Christine school, students in the Success for All and Over a three-year period, the school rose Emmons, 1997. H6860 CONGRESSIONAL RECORD — HOUSE September 4, 1997 An assessment of Comer effects (1987) in the bill as it currently stands. About a been fought by the minority not just the Prince George’s County Schools revealed month ago, some Members were advis- since 1994, but whenever it has come up that average percentile gains on the Califor- ing that they might unload 100, 150 in the past. It has been fought; it has nia Achievement Test were significantly amendments on this bill. I am pleased been defeated. We have language greater for Comer schools than for the dis- trict as a whole. At the third grade level, to report to our friends here that that which, small and large business alike program schools gained about 18 percentile does not seem to be likely, that those emphatically embraces. points in mathematics, 9 percentile points in Members that were interested in just Under the leadership of the gen- reading, and 17 percentile point in language. totally transforming the face of this tleman from Texas [Mr. BONILLA], we The district as a whole registered gains of 11, bill have used their discretion to nar- have got the Dickey-Wicker amend- 4, and 9 percentile points respectively in row their differences. I do not expect a ment preventing research funds, U.S. math, reading and language. At the fifth lot of amendments. I expect frankly, funds expended for embryo research. grade level, Comer schools recorded gains of certainly fewer than 15 or 10 on our We have tons of money for medical re- 21, 7, and 12 percentile points in math, read- ing and language compared to gains in 11, 4, side, and I do not know how many on search, cancer research. We eliminate and 7 percentile points for the district as a the Democrat side. 20 new programs. Twenty new pro- whole. Academic gains were linked to the de- That is a step in the right direction. grams are completely terminated be- gree and quality of implementation of the But obviously there are going to be cause of their inefficiency and their Comer School Development Program. Rally- Members, maybe many Members, who waste. ing the Whole Village: The Comer Process have critical differences with some pro- In this bill alone, the gentleman from for Reforming Education, 1996. visions that are in the bill and who Mississippi [Mr. WICKER] did prevail for Mr. PORTER. Mr. Chairman, I yield might be vitally unhappy that other is- the first time, and he has been trying such time as he may consume to the sues of interest to them are not in- for several years to help small manu- gentleman from Louisiana [Mr. LIVING- cluded in the bill. To them, regardless facturers of furniture in the South to STON], the chairman of the Committee of whether they are on the Republican overcome the EPA restrictions on on Appropriations, together with my or the Democrat side, let me simply methochloride, and the list goes on and thanks for the absolutely wonderful job say that, folks, it takes 218 to pass this on. that he has done in working with the bill and move it to the other body. This bill is a consensus. I commend subcommittee to bring the bill to the Over there it takes 51 to pass it. From the gentleman from Illinois [Mr. POR- floor in its present form. the conference, it takes 218 in this body TER], I commend the gentleman from (Mr. LIVINGSTON asked and was to adopt the conference report, and Wisconsin [Mr. OBEY], I commend all given permission to revise and extend again 51 over there to adopt the con- the staff for working together to bring his remarks.) ference report, whereupon that final re- people together to get a bill that can Mr. LIVINGSTON. Mr. Chairman, I port will go to the President for his pass and can be signed into law. And I thank the gentleman from Illinois for signature, and again currently I expect urge any Members who are dissatisfied yielding me this time. I congratulate the President’s signature. that it is not a good enough deal to un- him and the gentleman from Wisconsin That can change. We can decide to derstand that we in the majority will for the outstanding job that they have dig in. We can opt for total and abso- only prove that we can govern if, in done on bringing this most extraor- lute conflagration or confrontation, fact, we can produce a reasonable bill dinarily difficult bill thus far. whatever we want to call it. I do not with as little rancor as possible. The fact is, as has been just said by think that is going to happen. I com- Mr. OBEY. Mr. Chairman, I yield my- the gentleman from Wisconsin, we cur- mend any Members who have wanted self 30 seconds. rently have a consensus which offers to to start out on that road and who have Mr. Chairman, I would simply like to the Members of the House a bill which withdrawn that approach in favor of an follow up the chairman’s comments by fundamentally intact can be presented isolated, single amendment approach. expressing my appreciation for the fact to the Senate, and if it comes back in But let me simply try to calm the that the gentleman from Louisiana roughly the same way, we have every tenor of their vehemence or the vora- [Mr. LIVINGSTON] and the gentleman expectation will be signed into law, cious arguments that they might make from Illinois [Mr. PORTER] and the staff without all the controversy and the on behalf of their positions and say have worked intensely hard. They have rancor that has taken place in this bill that sooner or later, sooner or later the worked in a very fair manner, in a very in years past. appropriations bill governing labor, open manner, and the staff has worked I would urge all Members to consider health, and education and related is- incredibly hard to produce many of the that we went through an exercise in sues will pass. That will take place and answers that the Members like to the spring on the disaster relief bill to it will be signed into law. Either within claim credit for, and I simply want to guarantee that government would stay the next few weeks or the next few express my appreciation for all of that open and that the Government would months or next year, we are going to work and hope that that spirit can con- be funded at last year’s level if we get a 1998 labor, health appropriations tinue. could not reach an agreement. Because bill, because it has got to. Mr. Chairman, with that, I yield 5 of a Presidential veto, that discussion minutes to the distinguished gen- b 1745 became moot. But we do not have to tleman from Ohio [Mr. STOKES], a have a cataclysm. We do not have to I hope very strongly that it is not member of the subcommittee. disrupt the people’s business and erupt next year, that it is not 3 months from Mr. STOKES. Mr. Chairman, I want into a major political warfare this year now, and that it will be within the next to thank my distinguished ranking if we would understand that we do not, couple of weeks. I urge my friends who member, the gentleman from Wiscon- any one of us, get everything we want. are thinking that this bill is so defec- sin [Mr. OBEY], for yielding to me, and But, we must work the magic of this tive that they cannot support it to I rise in support of H.R. 2264. body, in the House of Representatives, rethink their position for this reason: First, I want to commend our chair- and the others do in the other body, to The gentleman from Wisconsin [Mr. man, the gentleman from Illinois [Mr. come together, to reach a consensus OBEY] has, indeed, come a long way PORTER], and our ranking member, the and to arrive at the consensus, thereby when he approved the compromise, the gentleman from Wisconsin [Mr. OBEY], sending it to the President of the Unit- bipartisan compromise between those for their joint efforts in producing ed States for his signature in the hopes who were fervently pro-life and those what I think is an excellent bill. that he will adopt our consensus. who are fervently not, to adopt the Mr. Chairman, this year’s bill in- So far, so good. I am happy that I can Hyde abortion language to extend cludes enhanced funding for a number say for the most part I think Members HMO, something that has never been of critical quality of life programs that will vote for this bill, in bipartisan done before. They came together; we we can be especially proud of. For ex- fashion. But we do have a number of have language in this bill which ample, the bill funds for the first time Members on both sides who have, as reaches that compromise. the Youth Opportunity Areas Initia- has been indicated by the gentleman The ergonomics language pointed out tive. The program would be funded at from Wisconsin, who are unhappy with by the gentleman from Wisconsin has $125 million. September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6861 This employment training program is Now while we can be encouraged by Mr. OBEY. Mr. Chairman, I yield 3 long overdue and is absolutely essen- these enhancements, there are many minutes to the distinguished gentle- tial to effectively addressing the con- important areas of the bill that need to woman from New York [Mrs. LOWEY], a tinuing double-digit unemployment be strengthened, including youth vio- member of the subcommittee. and the underemployment among our lence prevention, safe and drug-free Mrs. LOWEY. Mr. Chairman, I fully Nation’s out-of-school youth. These are schools, magnet schools, health care supported this bill as it was reported young people that in many instances and substance abuse services, and em- by committee. It was a bipartisan ef- have given up on the system and on ployment training. I look forward to fort of which I am quite proud. themselves and they have been allowed working with my colleagues in con- Since the beginning of the last Con- to waste away. ference to strengthen these very impor- gress, the Labor-HHS education bill Mr. Chairman, our Nation cannot af- tant programs. has been the focus of contentious de- ford to give up on any of its citizens. It Mr. Chairman, I know that in work- bate, which even led to a Government is for this reason that I am pleased ing together we can further strengthen shutdown. At long last, the committee that our colleagues from the authoriz- H.R. 2264. Thus, I urge my colleagues to under the strong leadership of the ing committee are working to fully au- join together in voting yes on H.R. chairman, the gentleman from Illinois thorize this program. 2264. [Mr. PORTER], and the ranking mem- Members will be interested to note Mr. PORTER. Mr. Chairman, I yield 2 ber, the gentleman from Wisconsin our colleagues in the Senate share our minutes to the gentleman from Okla- [Mr. OBEY], has succeeded in producing commitment to out-of-school youth homa [Mr. ISTOOK], a valued member of a bill which reflects our shared prior- and have provided $250 million for the our subcommittee, and I might add an ities. youth opportunity areas in their fiscal active member of our subcommittee. In keeping with the bipartisan spirit year 1998 appropriations measure. It is Mr. ISTOOK. Mr. Chairman, I appre- of the bill, the committee voted to op- my hope that in conference we can ciate the time. I appreciate the hard ef- pose all new controversial legislative work to come somewhat closer to the fort that so many people have put into riders. I strongly urge my colleague to Senate figure. this particular piece of legislation, but oppose the Goodling and Istook amend- Mr. Chairman, while more needs to I really rise not as a member of the ments. They are opposed by the admin- be done to enhance support for this im- subcommittee but as a father because istration, highly controversial, and do portant program and others in H.R. there are so many things in this piece not belong in this bill. And let me say 2264, communities across the country of legislation that affect so many as- at the outset, if these amendments will benefit from the $324.4 million in- pects of our lives, our kids and their pass, support for the bill by Members of crease provided for Head Start. Our Na- education, our health, our nutrition, this body will be jeopardized and it the Labor Department, and all of the tion’s neediest children will continue would be very unfortunate if that oc- impact upon where we work, and, in- to benefit from the Head Start Pro- curs. gram’s comprehensive development deed, it also affects very, very directly The bill, as reported by committee, the relationship between us and our and early learning activities. recognizes the clear need for an in- The $32 million increase provided for children. creased investment in our children’s I have five children, two boys and the TRIO programs would help to ex- education, and I am pleased that we three girls, and all three of my girls pand the success of TRIO’s activities to were able to provide $2.8 billion more are teenagers, and I pay attention additional students. The Nation’s con- when a situation happens such as hap- than last year in discretionary funds tinued investment in the TRIO pro- pened in Illinois recently, when it is for education. In particular, I am gram is absolutely essential. This pro- disclosed that a 37-year-old teacher be- pleased that new funds have been pro- gram is specifically designed to im- gins an affair with a 13-year-old girl, vided to keep our schools open after prove the recruitment, retention, and carries it on for a year and a half, and, hours in order to improve reading and graduation rates of minority and other to continue the affair, takes her to a other academic skills and that we have disadvantaged students. title X clinic funded by our taxpayers’ increased funding for magnet schools. For health professions’ training pro- money to obtain contraception. I salute the ranking member, the grams, the bill restores and enhances Now, if this were to any other type of gentleman from Wisconsin [Mr. OBEY], funding by providing an appropriation clinic, they would be required to report for developing a school reform proposal of $306.5 million, a $13.7 million in- a situation that involves something that would build upon the most suc- crease. Within the appropriations pro- such as statutory rape or child abuse or cessful models across the country, in- vided, the bill provides significant in- sexual abuse of a minor. Well, see, title cluding several located in New York. creases for minority and disadvantaged X has a Federal requirement that I also want to note that we have in- health professions students. For exam- whatever happens with anyone who creased the maximum Pell grant by ple, the measure includes a $2.6 million comes into a title X clinic, whether $300 per student. We made a number of increase for the Centers of Excellence, they be 30 or 40 or 20 or 15 or 12 or 11, significant increases in health pro- a $3.2 million increase for the Health nothing will be told to anyone. A total grams. We were able to provide NIH Careers Opportunity Program, and a confidentiality requirement is written with a 6-percent increase over last $2.4 million increase for the Scholar- into the Federal regulations which su- year. This will allow NIH to increase ships for Disadvantaged Students Pro- persede State law, and anyone else that funding for breast cancer research so gram. would be required to report this inci- that advances in prevention and treat- The bill also includes a $16.4 million dent to the parents or the authorities ment will continue to move forward. increase for Historically Black Col- has to stay quiet under title X. We were also able to provide a modest leges and Universities. These funds will That is why we have an amendment increase for the Centers for Disease go a long way toward helping to im- in this particular bill that is being of- Control, the agency which safeguards prove and strengthen academic and re- fered for this particular bill that says our Nation’s public health. lated areas of infrastructure needs in providers that are given Federal fund- In the labor area, I am particularly our Nation’s historically black colleges ing in these are not exempt and must pleased that we provided $170 million and universities. The $10 million in- comply with any laws regarding the re- more than last year for adult job train- crease for magnet schools would help porting of child abuse, child molesta- ing. These funds will help to assist communities to better carry out school tion, sexual abuse, rape, or incest. those on welfare so that they can bet- desegregation plans. This is a key provision that will be ter obtain decent paying jobs. The bill also includes a $172 million debated, but I think it is one of the Of course there are some programs increase for the Ryan White AIDS pro- most important things because this bill that I believe should be better funded gram; a $24 million increase for con- hits us where we live and our families, than they are in this bill. Specifically, solidated health centers; $30.4 million and the Federal Government should I am disappointed that there is no increase for substance abuse and men- not be inducing people to be able to money for the State Students Incen- tal health services; and the $764.4 mil- conduct such activity without even tive Grant Program and no increase for lion increase for biomedical research. parents being told. teacher training under the Eisenhower H6862 CONGRESSIONAL RECORD — HOUSE September 4, 1997 program. I am also deeply concerned our dollars and spread it out for all the As a recent GAO study concludes, about the inadequacy of funds for aging other minority universities and col- ergonomic programs work, reducing in- services, particularly for senior centers leges around the country. juries and reducing workers’ compensa- and meal programs, and I hope that we And then there are some programs tion costs by 31 to 91 percent. can move toward the Senate levels on that I think we should even increase Of particular note, the bipartisan these programs. more. I was delighted that the NIH got agreement also provides the committee I am also concerned that the commit- an increase of 6 percent. That is a $764- will refrain from any further restric- tee has not provided adequate funds to million increase. The President re- tions on issuing ergonomics standards cities to care for people with AIDS nor quested only a 2.6-percent increase. I beyond 1998. to prevent HIV infection and the think we could do even better. If we are With regard to health, the bill is a spread of AIDS. Worker protection pro- going to have a goal to go to $25 billion significant improvement over the past grams are also now funded at adequate of funding for something that, to me, is agreement, which proposed to phase in levels. a Federal priority, that is good for this a 16-percent reduction in public health But this is a very good bill that country, that is one of the crown jew- programs. meets so many of the important needs els of the Federal Government, I think Remarkably, this bill provides for a of our constituents. Please let us keep we need to continue pushing that. 6-percent increase in important bio- it free of new controversial riders. But the bottom line is, we need to medical research programs, including Mr. PORTER. Mr. Chairman, I yield 2 govern. The President was elected last important research on breast cancer. It minutes to the gentleman from Florida November and we need to work out a expands on our Federal response to new [Mr. MILLER], a very, very able member compromise. This is the best we can do. and emerging infectious diseases, and of our subcommittee. I commend the chairman for the work restores proposed cuts to training pro- he has done. b 1800 grams in the health professions. Mr. OBEY. Mr. Chairman, I yield 3 In addition, the bill provides almost Mr. MILLER of California. Mr. Chair- minutes to the distinguished gentle- $300 million for the AIDS Drug Assist- man, I rise in support of this bill, not woman from California [Ms. PELOSI], ance program, an increase of $132 mil- that I am overly excited about all the also a member of the subcommittee. lion, or 79 percent over comparable 1997 details in the bill, but as a fiscal con- Ms. PELOSI. Mr. Chairman, I thank funding. This funding will make the servative, I have some problems with the ranking member for giving me this difference between life and death for time, and I rise in support of the it. But the bottom line is, with the thousands of Americans living with Labor-HHS-Education appropriations election last November stating we are HIV disease. While I wish we had done bill for fiscal 1998, as presented. In par- going to have a Democratic President more to fund important HIV preven- ticular, I commend our chairman, the and Republican Congress, we must tion outreach activities, my hope is by gentleman from Louisiana [Mr. LIVING- work together. the time this bill emerges from con- STON], chairman of the full committee; I am concerned that the total ference with the Senate, the problem the gentleman from Illinois [Mr. POR- amount of money is too much. I wish will be resolved. TER]; and the gentleman from Wiscon- we could have frozen the amount of With regard to education, I am sin [Mr. OBEY], ranking member of the money and forced ourselves here to pleased that so many of the President’s full committee and ranking member of reprioritize how money should be spent important education priorities have the subcommittee, for negotiating an in the committee. been accommodated in this bill. In par- excellent bipartisan bill, a bill in which I wish we were not funding all the ticular, I am very pleased at the in- the subcommittee can take consider- new programs. I do not think we need crease of $93 million in the bilingual able pride. I congratulate the gentle- to fund new programs. We need to get program and with the investment in a better handle on the spending we men. This bill is a refreshing change from support services and professional devel- have to date. the last 2 years when the bill has been opment to improve the quality of these I wish we could zero out some more the focus of deep ideological disputes programs. programs that we do not need any in spite of the good intentions of our I am also pleased with the high prior- more. We have over 200 education pro- chairmen, and a vehicle for sending ob- ity placed on direct financial assist- grams in this bill. Maybe the total jectionable legislative riders to the ance for students in higher education. amount of dollars is okay for edu- President. Mr. Chairman, for all these reasons, this bill cation, but do we need 200 programs? Thankfully, we have returned to the is a great improvement over the spending lev- A lot of them are small programs. We bipartisan tradition which has histori- els assumed in the budget agreement. My made a big effort last year to start re- cally characterized this bill. As our hope is that the careful bipartisan work that ducing those programs. We are moving former chairman, Mr. Natcher, would has brought us to this point is not disrupted by in the right direction. I wish we could say, this is a good bill. hostile amendments during floor consideration. continue more in that direction to con- As Members know, the bill deals with I urge my colleagues reject amendments that solidate programs and not have as Labor, Health and Human Services, would derail this important legislation. many programs. and Education. With regard to labor Mr. Chairman, I commend once again There are big programs like LIHEAP, programs, the bill makes significant the chairman of the full committee and and I know that is a major issue with changes in job training, including the our ranking member for their leader- the ranking member of this committee Job Corps, and increases for job, youth, ship. that I think has outlived its need in and adult job training by $237 million Mr. PORTER. Mr. Chairman, I am this country. It was started back in the over this year’s funding. pleased to yield 2 minutes to the gen- Jimmy Carter days when he was Presi- At the same time, the bill adequately tleman from Washington, [Mr. dent. We have changed. That is $1 bil- funds worker protection programs, and NETHERCUTT] a member of the Commit- lion a year. I would rather put it in the unlike the last 2 years, does not in- tee on Appropriations. National Institutes for Health. clude riders designed to weaken the Mr. NETHERCUTT. Mr. Chairman, I There are some programs that I protection of American workers. thank the gentleman for yielding. think are overfunded in this program, I am particularly pleased that under Mr. Chairman, I rise in support of and I wish we could change them. I an agreement negotiated by the gen- H.R. 2264, the Labor-HHS appropria- think NLRB is almost $200 million for tleman from Illinois [Mr. PORTER], and tions bill. I know I speak on behalf of government lawyers. I do not think we the gentleman from Wisconsin [Mr. the entire Congressional Diabetes Cau- need that much money for the NLRB. OBEY], OSHA will be able to continue cus when I thank Chairman PORTER for I think Howard University is getting its important work in developing an his efforts to combat diabetes. Along $18,000 a year subsidy for every student ergonomic standard and will be able to with Speaker GINGRICH, who has drawn at the school. I support Howard Univer- assist business in the next year to the Nation’s attention to this terrible sity, but I wonder, do we need to pro- adopt important changes in the work disease, Chairman PORTER has per- vide $18,000 for every student there? I environment designed to prevent repet- suaded NIH to examine its funding pri- think we could make a better use of itive stress injuries. orities. September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6863 This bill will do much to help the 16 Specifically, the bill gives a much year’s level, and we hope that funding million diabetics in our country. It in- needed increase in funding to title I, will be increased. creases funding for NIH by 6 percent bilingual education and special edu- Mr. Chairman, I thank the chairman and for the National Institute on Dia- cation. The bill recognizes important for once again including report lan- betes and Digestive and Kidney Dis- programs that enhance educational re- guage I submitted on HIV-AIDS in eases, [NIDDK] by 7.5 percent. sources and improve professional devel- women, STDs, autoimmune diseases, Along with funding provided through opment, such as the National Board of and violence prevention among youth. the Balanced Budget Act, the increase Professional Teaching Standards and It also appropriates $2.4 billion for in this bill will begin to make up for the National Education Goals Panel. the Centers for Disease Control, an in- past funding discrepancies between Unfortunately, however, the bill crease of $87 million over last year, in- NIDDK and the other Institutes of the spends $145 million less than the Presi- cluding increases for breast and cer- National Institutes of Health. dent requested on Goals 2000 and pro- vical cancer screening, sexually trans- Over the last 10 years, funding for di- vides the $260 million for the Presi- mitted disease prevention, preventive abetes research has not even kept place dent’s America Reads program for fis- health services block grant, chronic with inflation, despite the increases cal year 1999, rather than 1998. and environmental disease prevention, provided to NIH by Congress. So it is Additionally, the bill does not fully lead poison prevention and injury con- my hope and my expectation that a fund the Eisenhower Professional De- trol, among others. significant portion of the 7.5-percent velopment program, which assists com- The title X family planning program increase will go toward combating dia- munities in improving the quality of receives a $5 million increase. The bill betes, a deadly disease in our country. their teachers, a critical objective. includes full funding for the Violence The bill also includes legislation I I would like to have seen the full against Women Act and provides a $72 have introduced, the Diabetes Research funding for these important initiatives million increase for battered women’s Amendments Act, to establish a diabe- in this bill, but I will remain faithful shelters. tes working group to outline future di- to our bipartisan agreement and sup- The legislation also provides critical abetes research priorities. A report port this bill. increases in education funding from Healthy Start to Head Start; Even under these amendments will be sub- Like my predecessors on my side of Start, student financial aid, it provides mitted to Congress within 1 year, the aisle, I will support this bill with a an increase in funding over present lev- which, in essence, will be a blueprint, a caveat, and that caveat, Mr. Chairman, els. Students with disabilities will have national blueprint, for future diabetes is that we do not go down the road that programs increased to the tune of $4.3 research. This plan is necessary to best we went down in 1995 and 1996 and add to this bill amendments that are clear- billion. direct the funding dollars and to begin As a strong advocate for providing ly unacceptable, not only to the Presi- a redoubling of our effort to advance a telecommunications service, I am also dent of the United States, but to the cure for diabetes. pleased the Technology Literacy Chal- So I thank the gentleman from Illi- American people. I would hope we do lenge Fund is also funded and the nois [Mr. PORTER] and I thank the gen- not do that. Women in Apprenticeship in Nontradi- tleman from Wisconsin [Mr. OBEY] and There are amendments pending tional Occupations. others who had a hand in crafting this which, very frankly, the gentleman Mr. Chairman, I could really go on bill, and including the very significant from Illinois [Mr. PORTER], coura- for about 5 more minutes, but frankly, efforts to assist in combating the dis- geously, in my opinion, and with wis- I will use these last seconds to simply ease of diabetes that affects so many dom and in the best traditions of bipar- say again, my commendation, my con- people around our country. tisan leadership, rejected in our sub- gratulations, to the gentleman from Il- Mr. OBEY. Mr. Chairman, I yield 3 committee. But if they are added on linois [Mr. PORTER], to the gentleman minutes to the distinguished gen- the floor, I am worried that this bill, from Wisconsin [Mr. OBEY], the rank- tleman from Maryland, [Mr. HOYER] a with the good provisions in it for labor, ing member, and to members of the member of the subcommittee. for education, and for the health of the subcommittee for their fine work. Mr. HOYER. Mr. Chairman, I thank American public will not go forward. While difficult decisions had to be the gentleman from Wisconsin, and I would hope that we would not see made, I believe that this subcommittee want to rise in support of H.R. 2264. that, and, if we do not see that, I in- has crafted a bill worthy of our sup- For the past 3 years, the bill that tend to support this bill. port. I urge my colleagues to vote for came to this floor had very controver- Mr. PORTER. Mr. Chairman, I am this bill. sial riders and did not provide, in my pleased to yield 21⁄2 minutes to the gen- opinion, adequate funding for edu- tlewoman from Maryland [Mrs. b 1815 cation. My colleagues and I have re- MORELLA], my friend and colleague. Mr. OBEY. Mr. Chairman, I yield 3 peatedly argued to increase the Na- Mrs. MORELLA. Mr. Chairman, I minutes to the distinguished gentle- tion’s commitment to education. thank the gentleman for yielding. woman from Connecticut [Ms. This year’s bill, by and large, pro- Mr. Chairman, I rise in strong sup- DELAURO], also a member of the sub- vides funding at levels that are good port of this bill. Chairman Porter and committee. for our children, good for our families, the subcommittee have accomplished a Ms. DELAURO. Mr. Chairman, I rise and good for our Nation. The bill does true feat, a bipartisan bill that man- in support of this bill, which I hope to a better job in meeting the needs of ages to fund the most critical programs be able to vote in favor at the end of children, families, and schools for qual- within its jurisdiction, despite the this debate. I particularly want to ity education. tight allocation for fiscal year 1998. commend Chairman PORTER and our For example, the bill invests $4.3 bil- I am just going to highlight some of ranking member, the gentleman from lion in Head Start, a $324 million in- the points in the bill, because I do not Wisconsin [Mr. OBEY], for the fine work crease over the past fiscal year, a pro- have time to go through the thorough- and the extraordinary amount of time gram that Ronald Reagan said works, ness of the issues that are covered so and effort they have put into putting with a goal of serving 1 million chil- well. this bill together and trying to deal dren by the year 2002. Not enough, but The bill provides a 6-percent increase with the numerous interests of Mem- better. for the National Institutes of Health. bers, and more than that, with the is- The bill acknowledges the commit- Chairman Porter has truly been a sues that face this subcommittee, ment we must make to our children’s champion of biomedical research and which face the people of this country. education by funding initiatives such has once again demonstrated his com- I am particularly pleased that it con- as Even Start and After School Cen- mitment to this critical priority. tains a substantial increase for health ters. The bill provides for an 11-percent The legislation appropriates $1.2 bil- research at the NIH, for disease preven- increase for education over last year, lion for the Ryan White AIDS Pro- tion work at the Centers for Disease timely, when we have more students in gram, 17 percent more than 1997. HIV- Control, and for important educational our public schools than at any time in AIDS prevention received a $5 million programs, such as Head Start and our history. increase, less than 1 percent over last IDEA. H6864 CONGRESSIONAL RECORD — HOUSE September 4, 1997 The bill is not ideal. It does not con- I want to note that we have two new leader in the civil rights movement in the tain funds for breast and cervical can- members this year on our subcommit- 1960's. People not just in the United States, cer screening, for a program which tee, the gentlewoman from Kentucky, but around the world, have benefited from the would serve women between the ages of Ms. ANNE NORTHUP, on our side, and contributions and efforts of many graduates of 40 to 50 who will become eligible for the gentlewoman from Connecticut, historically black colleges and universities. mammograms, and I truly do look for- Ms. DELAURO, on the Democratic side, Mr. Chairman, as we stand on the brink of ward to working with the chairman in in a reprise. We are glad to have both the 21st century, it is readily apparent that conference to be able to raise this fig- of them with us. education is the means by which success is ure. In addition, I want to thank the staff achieved. In our increasingly technical and so- I would have hoped to have had an of our full Committee on Appropria- phisticated world economy, it is exorbitantly opportunity and preferred additional tions. They have been extremely help- important that we launch an indefatigable ini- funding for the Goals 2000 State efforts ful to us every step of the way, led by tiative toward educational success for all to raise the quality of education in our Jim Dyer, as they have been to all of Americans. I believe that the mission of his- public schools, and am disappointed the other subcommittees during this torically black colleges and universities that it continues to deny poor women very difficult appropriation season on throughout our Nation comport with the mis- access to abortion services. the House floor. They really do a tre- sion. I believe overall this is a good bill. mendous job for our country and for So in conclusion, I exhort my colleagues to My hope is that the bipartisan agree- the House of Representatives. vote in support of increased funding for histori- ments will be maintained and there not I also want to thank Mark Mioduski cally black colleges and universities in Amer- be controversial changes made, those and Cheryl Smith of the minority staff ica. Let us say yes to our children's futures, that are threatened; and my hope is of the committee for the excellent co- say yes to our children's success, and say yes that those controversial changes will operation and courtesy they have ex- to the success of our nation for the years to not jeopardize the bill through unwise tended to us, and I want to thank my come. amendments. own subcommittee staff, Tony McCann, Thank you, Mr. Chairman, and, I yield back There have been several amendments the clerk, Bob Knisely, Sue Quantius, the balance of my time. which will be proposed which under- Mike Myers, Francine Mack, and Laura Mr. YOUNG of Florida. Mr. Chairman, I rise mine national, State and local efforts Stephens. Each of them do excellent to commend the chairman of our subcommit- to bring our schools up to meet the work, and I do not know how we could tee, my colleague from Illinois, Mr. PORTER, for highest education standards. I hope my possibly bring this bill forward without his leadership on this bill because this is a good bill that will have an impact on virtually colleagues will join me in strenuous the kind of attention to detail that every American family. opposition to these amendments. The they have had. Laura is on detail to Our subcommittee worked hard to prioritize Whole School Reform initiative of the the committee from the Department of the resources for the many important health gentleman from Wisconsin [Mr. OBEY] Veterans Affairs, and she has been a and education programs included in this legis- will ensure that our schools teach our great help to us recently. lation. children to read, write, and to do basic I would also thank our previous High priority was given to continued funding mathematics, giving them the tools detailee, Gloria Corral, from the De- for the National Institutes of Health, which re- they need to compete in a global econ- partment of Education. Gloria was ceives a $764.5 million or a 6 percent in- omy. Our children will compete for jobs with us for several months earlier in crease over the 1997 level and $427.1 million in a national and even a global market- the year and did a fine job, as well. more than requested by the President. As I place. We must be sure that our local Finally, I want to thank Julie DeBolt have said many times, NIH remains the pre- school systems are given the tools that and David Sander of my own personal eminent biomedical research program of its they need to meet those national and staff for the fine job and hard work kind anywhere in the world. Our investment in global expectations. they have done all year long in ref- unlocking the mysteries of diseases and iden- I will oppose the amendment of the erence to this bill. tifying new, life-saving therapies are repaid gentleman from Oklahoma [Mr. Mr. CUMMINGS. Mr. Chairman, I rise today many times over in lower health care costs, a ISTOOK] of the title XV Family Plan- in support of funding in the Labor, Health and higher quality of life, and a cure for many dis- ning Program. There is no doubt this Human Services and Education Appropriations eases for which there was no successful treat- parental notification amendment will bill for historically black colleges and univer- ment just a few years ago. increase teen pregnancy, teen abortion, sities in the United States. I am also elated to We have continued to make great strides in and sexually transmitted disease. note that this bill appropriates more funding to the war on cancer including breast and pros- Similar amendments were defeated by historically black colleges and universities than tate cancer, in addition to heart disease, bipartisan votes on the floor last year what was officially requested in the President's stroke, diabetes, Alzheimer's disease, Parkin- and in full committee this year. I urge budget proposal. In all, this funding is indic- sons disease, mental illness, sickle cell ane- my colleagues to vote against these ative of Congress' commitment to the preser- mia, arthritis, osteoporosis, and other diseases amendments, which would undermine vation of educational opportunity for students that rob the young and old of years of life and the fine work that was done by the of color in our Nation. lead to much pain and suffering. When we are chairman and the ranking member and Among many universities, Howard Univer- so close to winning the battle on so many other members of the subcommittee. sity, my alma mater, here in Washington, DC, fronts, this is not the time to retreat from our What we need to have and what we will stand to receive approximately $210 mil- commitment to remain the world leader in bio- need to support is a clean bipartisan lion. This money will be used for the continued medical research. bill of which we can all be proud, and procurement of academic and educational pro- A health care area of special interest to our which helps to meet the needs of the gramming, and to fund much needed renova- committee, where a small continuing invest- American people who so desperately tion efforts throughout various dormitories. I ment over the past few years has paid off, is depend on the work we do in this com- graduated phi beta kappa from Howard in the National Marrow Donor Program. Estab- mittee, which addresses almost every 1973. The wonderful experience and enriching lished by Congress in 1986, we are celebrat- aspect of people’s lives in this country. environment of Howard shaped the way in ing the 10th anniversary of a working national Mr. PORTER. Mr. Chairman, I yield which I view and live in today's world. It is be- marrow donor registry that matches potential myself 2 minutes. cause of Howard University and funding for donors with patients in need of a transplant Mr. Chairman, in addition to noting historically black colleges and universities that who would otherwise die from leukemia or any and thanking the gentleman from Lou- I am able to address this distinguished body one of 60 other fatal blood disorders. isiana [Mr. LIVINGSTON], the chairman as a Member of the U.S. House of Represent- Since bringing to my colleagues attention of the Committee on Appropriations, atives. the need for a national registry to provide ac- for the key role he has played, and my Mr. Chairman, historically black colleges cess to a large pool of prospective unrelated ranking member the gentleman from and universities have graduated many leaders individuals who might have matching bone Wisconsin [Mr. OBEY] and the ranking in the world of law, finance, ministry, and gov- marrow for patients in need of transplants, I member on the full committee for the ernment. The late Justice Thurgood Marshall have had nothing but unwavering support from excellent work he has done to make led a fight to end the vestiges of racial seg- the members of this committee and my col- this a bipartisan bill. regation. Dr. Martin Luther King Jr., was a leagues in the House and Senate. The result September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6865 of this effort is a program that is a true medi- from their preschool years through college. recorded vote on any amendment and cal miracle which is saving lives every day Once again we have increased Head Start may reduce to a minimum of 5 minutes throughout our Nation and around the world. funding, this year by $324 million to more than the time for voting on any postponed Later this year, The National Marrow Donor $4.3 billion. This is good news for Pinellas question that immediately follows an- Program will register it three millionth prospec- County, FL, which I am proud to say is home other vote, provided that the time for tive donor. My colleagues may recall that early to a nationally recognized Head Start program voting on the first question shall be a in my search for a home for the national reg- that does an outstanding job in preparing our minimum of 15 minutes. istry, some Federal officials told me we would youngest students for their entry into elemen- The Clerk will read. never recruit more than 50,000 volunteers who tary school. The Clerk read as follows: were willing to donate their bone marrow to a Also included in this legislation is $7.7 billion H.R. 2264 complete stranger. in grants to State and local education agen- Be it enacted by the Senate and House of Rep- We proved them wrong and in doing so cies for disadvantaged youth. This is $395 mil- resentatives of the United States of America in have given a second chance at life to thou- Congress assembled, That the following sums lion more than is available for the current year. are appropriated, out of any money in the sands of men, women, and children. As the We have provided an additional $350 million Treasury not otherwise appropriated, for the registry continues to grow, so do the number for school improvement programs, $556 mil- Departments of Labor, Health and Human of transplants. More importantly, we have lion for safe and drug free school programs, Services, and Education, and related agen- given hope to thousands of families who oth- and $4.3 billion for special education. cies for the fiscal year ending September 30, erwise would have faced the prospect of cer- In the area of higher education, our commit- 1998, and for other purposes, namely: tain death for a loved one. tee has maintained its emphasis on providing TITLE I—DEPARTMENT OF LABOR This hope circles the globe as we exchange direct assistance to college students. The bill EMPLOYMENT AND TRAINING ADMINISTRATION bone marrow on a regular basis with 14 other includes funding to allow the maximum Pell TRAINING AND EMPLOYMENT SERVICES nation's who have patterened their national Grant to rise to $3,000. In addition, we have For necessary expenses of the Job Training registeries after our own. Because genetics increased funding for Federal work-study pro- Partnership Act, as amended, including the play such a crucial role in a successful match, grams, TRIO, and minority institutions. purchase and hire of passenger motor vehi- this access to potential bone marrow donors Among the myriad of Federal agencies cles, the construction, alteration, and repair of buildings and other facilities, and the pur- from throughout the world has helped save the funded in this bill, we continue our support for chase of real property for training centers as lives of patients here who were unable to find the Social Security Administration and the authorized by the Job Training Partnership a matched donor in our national registry. In- Medicare contractors, to allow them to process Act; the Stewart B. McKinney Homeless As- deed, bone marrow is crossing international claims in a timely manner and to update their sistance Act; the Women in Apprenticeship borders on a weekly basis, saving lives here technological base to improve service to older and Nontraditional Occupations Act; the Na- and abroad. Nothing I can think of will help Americans. tional Skill Standards Act of 1994; and the bring the nation's of the world closer together. Mr. Speaker, as I said at the outset, this is School-to-Work Opportunities Act; Our committee has included in the bill $5,162,601,000 plus reimbursements, of which one appropriations bill which touches virtually $3,872,463,000 is available for obligation for $15,270,000 for the continued operations of every American family. It is also one that the period July 1, 1998 through June 30, 1999; the national registry under the oversight of the makes major investments in improving quality of which $118,491,000 is available for the pe- Health Resources and Services Administration of life through health care services, important riod July 1, 1998 through June 30, 2001 for [HRSA]. Responsibility for the registry was biomedical research, educating our children, necessary expenses of construction, rehabili- transferred in 1995 from NIH to HRSA. The and providing for the needs of our older Amer- tation, and acquisition of Job Corps centers; Navy continues to play a leading role in pro- icans. It is a bill that deserves the support of of which $200,000,000 shall be available from viding operational support and direction to the July 1, 1998 through September 30, 1999, for every Member of this House because it will carrying out activities of the School-to- program with additional funding made avail- improve the way of life for every congressional Work Opportunities Act; and of which able by our Appropriations Subcommittee on district. $100,000,000 shall be available for obligation National Security. Mr. OBEY. Mr. Chairman, I have no for the period July 1, 1999 through June 30, Other small, but significant health care pro- further requests for time, and I yield 2000 for Opportunity Areas for Out-of-School grams established and supported by our sub- back the balance of my time. Youth only if specifically authorized by sub- committee are also saving lives throughout our Mr. PORTER. Mr. Chairman, I have sequent legislation: Provided, That $52,502,000 Nation. With the $13 million included in this no further requests for time, and I shall be for carrying out section 401 of the legislation for the Emergency Medical Services yield back the balance of my time. Job Training Partnership Act, $69,285,000 shall be for carrying out section 402 of such Program for Children we are increasing public The CHAIRMAN. All time for general Act, $7,300,000 shall be for carrying out sec- awareness and training health care profes- debate has expired. tion 441 of such Act, $5,000,000 shall be for all sionals for the unique emergency medical Pursuant to the order of the House of activities conducted by and through the Na- needs of acutely ill and seriously injured chil- Thursday, July 31, 1997, the bill shall be tional Occupational Information Coordinat- dren. More than 40 States have now estab- considered for amendment under the 5- ing Committee under such Act, $1,063,990,000 lished training programs to improve the quality minute rule. shall be for carrying out title II, part A of of care available for children. The leading Amendments printed in House Report such Act, and $129,965,000 shall be for carry- cause of death for them continues to be acci- 105–214 may be offered only by a Mem- ing out title II, part C of such Act: Provided ber designated in the report and only further, That no funds from any other appro- dent and injury. priation shall be used to provide meal serv- We have made a significant investment in at the appropriate point in the reading ices at or for Job Corps centers: Provided fur- this bill in other areas of preventative health of the bill, are considered as read, are ther, That funds provided for title III of the care. Notably, we have included $145 million not subject to amendment except as Job Training Partnership Act shall not be for the Centers for Disease Control's breast specified in the report or pro forma subject to the limitation contained in sub- and cervical cancer screening program to pro- amendments for the purpose of debate, section (b) of section 315 of such Act; that vide early cancer detection for many low- and and are not subject to a demand for a the waiver described in section 315(a)(2) may middle-income women who otherwise would division of the question. be granted if a substate grantee dem- The amendment at the desk offered onstrates to the Governor that such waiver not receive life-saving early warnings. is appropriate due to the availability of low- Finally, Mr. Speaker, within the Department by the gentleman from Illinois [Mr. cost retraining services, is necessary to fa- of Health and Human Services, we have in- HYDE] shall be considered in lieu of cilitate the provision of needs-related pay- cluded $14 million for the National Youth amendments Nos. 1 and 2 in the report ments to accompany long-term training, or Sports Program, which gives many disadvan- and shall be considered as though is necessary to facilitate the provision of ap- taged youth their first exposure to a college printed as amendment No. 1. propriate basic readjustment services; and campus. In addition to inspiring these children During consideration of the bill for that funds provided for discretionary grants to stay in school so they can one day attend amendment, the Chair may accord pri- under part B of such title III may be used to college, the program also provides health care ority in recognition to a Member offer- provide needs-related payments to partici- ing an amendment that he has printed pants who, in lieu of meeting the enrollment screening, hot meals, math and science en- requirements under section 314(e) of such richment, and a strong anti-drug and anti-vio- in the CONGRESSIONAL RECORD. Those Act, are enrolled in training by the end of lence message. amendments will be considered as read. the sixth week after grant funds have been Our subcommittee has also provided for the The Chairman of the Committee of awarded: Provided further, That service deliv- educational needs of our Nation's children the Whole may postpone a request for a ery areas may transfer funding provided H6866 CONGRESSIONAL RECORD — HOUSE September 4, 1997 herein under authority of titles II, parts B change services without cost to job seekers), Since 1987, this program, a modest, and C of the Job Training Partnership Act for a duration not to exceed the waiver pe- cost-effective program designed to help between the programs authorized by those riod authorized under section 311(e) of Public homeless veterans reenter and succeed titles of the Act, if the transfer is approved Law 103–227, pursuant to a plan submitted by in the job market, has proven its by the Governor: Provided further That serv- such States and approved by the Secretary ice delivery areas and substate areas may for the provision of workforce employment worth. More than 41,000 homeless vet- transfer up to 20 percent of the funding pro- and training activities in the States, which erans have received help and support vided herein under authority of title II, part includes a description of the process by from the community-based organiza- A and title III of the Job Training Partner- which service delivery areas and substate tions funded under this program, and ship Act between the programs authorized by areas may apply for and have waivers ap- many were placed in jobs at a cost of those titles of the Act, if such transfer is ap- proved by the State, the requirements of the less than $15,000 per veteran. proved by the Governor: Provided further, Wagner-Peyser Act to be waived, the out- Few government programs can claim That, notwithstanding any other provision comes to be achieved and other measures to to have achieved so much with so lit- of law, any proceeds from the sale of Job be taken to ensure appropriate accountabil- Corps center facilities shall be retained by tle. Our amendment provides $2.5 mil- ity for federal funds. lion for this needed program, the fund- the Secretary of Labor to carry out the Job AMENDMENT OFFERED BY MR. EVANS Corps program: Provided further, That not- ing level authorized under section 11448 withstanding any other provision of law, the Mr. EVANS. Mr. Chairman, I offer an of title 42, United States Code. Rather Secretary of Labor may waive any of the amendment. than increasing spending in order to statutory or regulatory requirements of ti- The Clerk read as follows: fund this important program, our tles I–III of the Job Training Partnership Amendment offered by Mr. EVANS: amendment would simply earmark this Page 2, line 15, after ‘‘reimbursements,’’ in- Act (except for requirements relating to $2.5 million of the more than $5 billion wage and labor standards, worker rights, sert ‘‘of which $2,500,000 shall be available for participation and protection, grievance pro- purposes of carrying out section 738 of the provided for the Department of Labor’s cedures and judicial review, nondiscrimina- Stewart B. McKinney Homeless Assistance Employment and Training Administra- tion, allocation of funds to local areas, eligi- Act (relating to homeless veterans’ re- tion. bility, review and approval of plans, the es- integration projects);’’ Earlier this year the Committee on tablishment and functions of service delivery Mr. EVANS. Mr. Chairman, first I Veterans’ Affairs voted without dissent areas and private industry councils, and the want to commend the chairman of the to fund this program. Republicans and basic purposes of the Act), and any of the Democrats came together, as they are statutory or regulatory requirements of sec- Subcommittee on Labor, Health and Human Services, and Education, my doing tonight, to show their support tions 8–10 of the Wagner-Peyser Act (except for the men and women who served for requirements relating to the provision of colleague the gentleman from Illinois services to unemployment insurance claim- [Mr. PORTER], and the distinguished honorably in our Nation’s Armed ants and veterans, and to universal access to gentleman from Wisconsin [Mr. OBEY], Forces. basic labor exchange services without cost to the ranking Democratic member of the I urge my colleagues to demonstrate job seekers), only for funds available for ex- subcommittee, for their efforts in pro- their commitment to America’s veter- penditure in program year 1998, pursuant to ducing this bill. ans and support the Evans-Filner a request submitted by a State which identi- Likewise, I appreciate the hard work amendment. fies the statutory or regulatory require- Mr. Chairman, I am glad to yield to of all members on the subcommittee on ments that are requested to be waived and the gentleman from California [Mr. the goals which the State or local service de- this legislation, and I also want to FILNER], and to wish him a happy livery areas intend to achieve, describes the thank the gentleman from Louisiana birthday, as well. actions that the State or local service deliv- [Mr. LIVINGSTON], the chairman of the ery areas have undertaken to remove State Mr. FILNER. Mr. Chairman, I thank full committee, for his most important the gentleman for yielding to me, and or local statutory or regulatory barriers, de- contributions, and likewise members of scribes the goals of the waiver and the ex- I thank him for his service to our Na- pected programmatic outcomes if the re- the full committee as well. tion’s veterans as ranking member of quest is granted, describes the individuals In particular, I am very pleased that the Committee on Veterans Affairs. impacted by the waiver, and describes the the full committee has provided $2 mil- Mr. Chairman, a source of particular process used to monitor the progress in im- lion in funding for the National Veter- satisfaction to me as a Member of Con- plementing a waiver, and for which notice ans Training Institute. This is a sound gress has been my service on the Com- and an opportunity to comment on such re- investment and money well spent, quest has been provided to the organizations mittee on Veterans’ Affairs. Veterans which will enable the continued provi- are special and unique members of our identified in section 105(a)(1) of the Job sion of essential training. Again, I am Training Partnership Act, if and only to the American family, and it has been an extent that the Secretary determines that most thankful to this committee for honor to work on their behalf. such requirements impede the ability of the its actions. I am also privileged to represent the State to implement a plan to improve the Mr. Chairman, the amendment that I extraordinary residents of San Diego, workforce development system and the State offered for myself and my colleague, CA, who have earned a nationwide rep- has executed a Memorandum of Understand- the gentleman from California [Mr. utation as a community committed to ing with the Secretary requiring such State FILNER], provides an additional $2.5 service to homeless veterans. It was to meet agreed upon outcomes and imple- million for the homeless, the Homeless the city of San Diego that created the ment other appropriate measures to ensure Veterans Reintegration Project, a pro- accountability: Provided further, That the Stand Down, a program which provides Secretary of Labor shall establish a gram administered by the Assistant health care, legal assistance, dental workforce flexibility (work-flex) partnership Secretary of Labor for Veterans’ Em- treatment, clothing, and employment demonstration program under which the Sec- ployment and Training. assistance for homeless veterans. This retary shall authorize not more than six I understand $2.5 million has already program has been replicated all over States, of which at least three States shall been designated in H.R. 2264 for home- the country, and thousands of veterans each have populations not in excess of less veterans under the Department of have benefited because of the creativ- 3,500,000, with a preference given to those Labor pilots and demonstrations, and I ity and commitment of the veteran States that have been designated Ed-Flex appreciate the committee’s concern for Partnership States under section 311(e) of community in San Diego. Public Law 103–227, to waive any statutory veterans. Nonetheless, the problem of Mr. Chairman, this amendment of- or regulatory requirement applicable to homeless veterans is so severe that ad- fered by the gentleman from Illinois service delivery areas or substate areas with- ditional funding is necessary. [Mr. EVANS] and myself extends this in the State under titles I–III of the Job There is virtually no disagreement kind of benefits to homeless veterans Training Partnership Act (except for require- that one-third of the homeless men in all over this Nation. So on behalf of the ments relating to wage and labor standards, this country are veterans, and that ap- good and caring citizens of San Diego, grievance procedures and judicial review, proximately 60 percent of those indi- on behalf of America’s homeless veter- nondiscrimination, allotment of funds, and viduals are veterans of the Vietnam ans, I urge my colleagues to support eligibility), and any of the statutory or regu- war. This means, Mr. Chairman, that latory requirements of sections 8–10 of the the Evans-Filner amendment. Wagner-Peyser Act (except for requirements every night in this great country of Mr. PORTER. Mr. Chairman, I move relating to the provision of services to unem- ours more than 280,000 veterans are to strike the last word. ployment insurance claimants and veterans, sleeping in homeless shelters or on our Mr. Chairman, we accept the amend- and to universal access to basic labor ex- streets. ment. September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6867 Mr. McINTOSH. Mr. Chairman, I from the bureaucracy here in Washing- said, ‘‘I agree with.’’ That obviously is move to strike the requisite number of ton? not possible. But what we have to do is words. Now, this is not to say that there are try to find the center, try to work with Mr. Chairman, the chairman has in- not some very good provisions in this one another and find the common dicated that the committee would like bill. And I do say to the gentleman ground on which to govern, and to pass to accept this amendment. Let me say from Illinois [Mr. PORTER] that I com- a bill that can meet the expectations of that in addition to this amendment, I mend his efforts in the areas of the American people. That is what this have very serious reservations about ergonomics, for example, where the process is all about. this bill. I think this is a question of committee has stated there is a lot of Mr. Chairman, I think we have done philosophy about which direction the bad science that is being foisted upon some good things, things that the gen- Republican Party should lead this us in an effort to create more regula- tleman from Indiana and others would country. tions at the Department of Labor. The support very strongly. But obviously Mr. Chairman, this bill increases chairman’s bill does put a moratorium there is a certain price to pay for the spending dramatically over the bal- for a year on that misguided regulation things that we get. We have to also anced budget bill that we brought forth going into effect. give something. We have attempted to in 1995. It increase funding in many But, Mr. Chairman, what we need to do both and to find that common categories beyond what President Clin- do in the course of the debate on this ground. ton had asked for in his own budget bill is have a debate about fundamental I believe that we have done that in submission to this Congress. It has pol- principles in the Republican Party, ad- this bill. And while it will not please icy implications in the area of edu- dress some very serious questions in everyone, and never can, I believe it is cation, where we will be directing this bill, and attempt to lead rather a bill that can please the majority of schools, that they have the oppor- than capitulating to leadership from Members in the House and I would very tunity now at the Federal level to 1600 Pennsylvania Avenue. definitely commend it to them. enter into some new program called a Mr. PORTER. Mr. Chairman, I move Mr. OBEY. Mr. Chairman, I move to Whole Learning Reform program. to strike the last word. strike the last word. The Federal Government should not Mr. Chairman, I would say to the Mr. Chairman, I am not in the slight- be involved in making those decisions. gentleman from Indiana [Mr. est going to get into a debate about the We should not have the Federal Gov- MCINTOSH] that, yes, this bill does in- philosophy of the Republican Party. I ernment funding a national test for crease spending over last year, and I simply want to take this time to indi- education. That is the beginning of the am not happy with that. But the lead- cate that on this side of the aisle, we problems with this bill. ership of the Republican Party and the would also accept the amendment of It also goes into social policy, which Democratic Party, and the President, the gentleman from Illinois [Mr. many of us would find unacceptable in agreed earlier this year that there EVANS], if that is indeed what is before this Congress, not what we asked for in would be tax cuts and that there would us at this point. the Contract With America, or when be restraints on entitlement spending. Mr. McINTOSH. Mr. Chairman, I ask Republicans went to the American peo- In return for those changes in policy, unanimous consent to strike the req- ple and asked them for a mandate to be they also agreed that there would be uisite number of words. the majority party in this Congress. increases in programs that the Presi- The CHAIRMAN (Mr. GOODLATTE). Is One example of that would be a pro- dent considered his priorities. there objection to the request of the vision in the bill that would allow Mr. Chairman, we have gotten the gentleman from Indiana? funds to be used for the distribution of tax cuts and we have gotten the re- There was no objection. needles to drug users. That is not a Re- straints on entitlement spending. Mr. MCINTOSH. Mr. Chairman, let publican platform. It does not help us Those bills have been passed and signed me address the point of the gentleman to reduce drug use in this country. It is into law by the President. Like it or from Illinois [Mr. PORTER], because I not something that we as a Republican not, an agreement has to be at least do think there is a philosophical dif- Congress should be passing and sending substantially carried out, and this bill ference between whether we should to the President. contains many of the President’s prior- seek the center or stand for principles I think the philosophy of this bill is ities. that are outside the center. Principles to some extent dictated by the budget Mr. Chairman, when Republicans of a smaller government, less Federal agreement that our leaders and the took control of the Congress, this bill intrusion into our school systems and President entered into earlier this carried major cuts in programs when it into our State levels, and perhaps that year, but it goes beyond the general passed the House of Representatives; a is the core question that we should be agreement that we would expand Gov- total of $9 billion. While many of the debating as we talk about the problems ernment rather than shrink the De- cuts were not in the enacted bill that that we have with this bill. partments of Health, Education, and year, nor did it survive in last year’s Mr. Chairman, one of the problems, Welfare, the Department of Labor, the bill, we certainly have restrained the for example, that I encountered in the Department of Health and Human rate of increase in spending in these ac- last week as I toured schools through- Services, the Department of Education, counts over what it might have other- out central Indiana and visited with the Department of Labor. It goes be- wise been. the students and teachers and parents, yond the notion that their budgets With respect to the whole school re- is I asked them what are the concerns would increase, and starts to make form that the gentleman mentions, I that they have that I, as a member of very liberal decisions in terms of social would urge the gentleman very, very the Committee on Education and the policy of the funding within those strongly to look at exactly how this Workforce, would like to address. They budgets. works. It does not put the Government time and time again said that they in the reform business. It allows local were chasing Federal dollars. They b 1830 schools operating under State law, if spent a lot of their time filling out I think it would be time for this Re- they wish, to apply for funds on a com- forms in order to get the few dollars publican Congress to have a debate on petitive basis so that they may engage that they desperately needed, and then what is the direction we want to take. in whole school reform. I believe this is found they could not use them for the Do we want to continue on this budget a far better expenditure of money than needs in their classroom. agreement that expands the role of our present title I program from which Mr. Chairman, one school needed ad- government? Or do we want to take the funds derive. ditional computers and they found time and correct the work of this com- Other issues are going to be shaped they did not qualify for the computer mittee and reduce the size of govern- on the floor of the House of Represent- grant, and so they had to chase other ment in some areas, and at least say atives as they should be. I would like dollars. Another school said, we want those areas where we are spending to be able to please every single Mem- to teach the basics but we found that more money, we are going to turn over ber of the House of Representatives and we have to apply for these fancy pro- control to the States and take it away offer a bill that everyone instantly grams coming out of Washington. And H6868 CONGRESSIONAL RECORD — HOUSE September 4, 1997 then once we apply to them, we have to or social service or educational rea- tax source removed from local control spend all of our time filling out forms sons, they have to figure out how to ac- simply to funnel money to local rather than teaching our children what cess all of these dollars. schools. That is not the purpose. they need to know in math, reading, What the bill essentially tries to do Mr. Chairman, if it is the basics that writing, the basic knowledge and skills is to get the Feds to facilitate that the gentleman wants to emphasize, that Congress says they want us to service being performed in a funnel that should be done, and is done, in teach. type where it comes in here, but it every school in America by State and The message they sent to me to bring comes out in a spout at the end not ex- local school districts using State and back here was: Get out of the way in actly the way the gentleman from Indi- local funds. That is where it ought to Washington. Stop having most of the ana would want it, but in a form that be. We should not be putting the Fed- money have strings attached to it and does not put local education or social eral Government into the business of send it to us in a block grant to the service agencies or other agencies to raising the money to provide for basics schools where we can decide how it the unbelievable difficulty of trying to to be taught. That is done by the State would best be used. figure out how we help Mary Jane or and local school districts. One of the things that I think we Charlie Brown. Mr. Chairman, 95 percent of the have to correct in this bill are provi- So, Mr. Chairman, although it is not money spent in this country is spent by sions like the Whole School Reform directly on point, I wanted to call the State and local school districts on edu- Act that comes with strings. They have gentleman’s attention to that, because cation. That is the way it ought to be. to apply under that program to take I think it would be something that per- The Federal Government’s role should certain actions in order to receive the haps in a bipartisan way we could work be to provide national encouragement money; 200 million dollars’ worth of on to facilitate what I think both of us on things of national interest. And that funding is now tied to new strings. want done, although we may have dif- is exactly what we are doing in this They wanted old strings from the pre- ferent perspectives on exactly what the program. vious Congress, or the Congress before ways and means of doing it would be. I think the gentleman from Indiana that, that had authorized them but Mr. MCINTOSH. Mr. Chairman, re- would agree that we are not attempt- they had never been funded. So we will claiming my time, I appreciate the ing in any way to supplant local be creating a brandnew spending pro- comments of the gentleman from schools or to provide a taxing source gram as a result of that. Maryland [Mr. HOYER] and would hope removed from the people at the local There are other questions that I hope to be able to address them. level to support basics. That is not the we can engage in this debate with the The CHAIRMAN. The time of the role of the Federal Government at all. chairman. In some cases we seem to gentleman from Indiana [Mr. Mr. MCINTOSH. Mr. Chairman, again have decided that not only would we MCINTOSH] has expired. reclaiming my time, in response to the agree and compromise and take the (On request of Mr. PORTER, and by gentleman from Illinois, I agree that is President’s budget number, we would unanimous consent, Mr. MCINTOSH was not the role of the Federal Govern- outdo the President and spend more in allowed to proceed for 3 additional ment. The concern I have with this bill certain categories. I do not think that minutes.) is that there is a new program that cre- should be our position as we move for- Mr. MCINTOSH. Mr. Chairman, I ates a carrot and says if schools want ward with this bill. agree with the gentleman from Mary- to get some of these Federal dollars, So, Mr. Chairman, I want to say I land [Mr. HOYER], but I think we have they have to start teaching the way we have a great deal of respect for the gen- to be careful we do not keep the old en- think they should teach. And we are tleman from Illinois [Mr. PORTER]. He cumbered form of bureaucracy and say going to have a situation where we is a leader in our party and on this that we are going to give a roadmap at have got, as my wife says, folks jump- committee. But I do have to fundamen- the local level on how to go through ing over dimes to go for a nickel be- tally disagree on that philosophical the paperwork, because they still have cause they are going to end up spend- question of whether we should ap- to go through the paperwork and spend ing a great deal of money trying to proach the center or whether we should the time and the money and the re- apply for those programs. govern from a conservative, principled sources to do that. We would be much better off if we let approach in this Congress. Mr. HOYER. Mr. Chairman, if the them spend their money on the basics Mr. HOYER. Mr. Chairman, will the gentleman will continue to yield, what and we said, ‘‘We have got this $200 gentleman yield? the gentleman will like about the bill million. We are going to give it to you Mr. MCINTOSH. I yield to the gen- is that it eliminates most of the paper- to spend as you see fit on improving tleman from Maryland. work and says that there is one form the teaching of the basics.’’ I think if Mr. HOYER. Mr. Chairman, I was in for all of these programs, and it will be we are going to spend money at the the Cloakroom and I heard the discus- the Federal problem of figuring out. Federal level, we should always say we sions of the gentleman from Indiana But we would only have one form. are going to send it with the least [Mr. MCINTOSH], and I wanted to tell Mr. MCINTOSH. Mr. Chairman, again amount of restrictions and strings at- him that I know I have been discuss- reclaiming my time, see, what I would tached to it. ing, and many members of the commit- hope we could do is move to something Mr. SOUDER. Mr. Chairman, I move tee have been discussing for many like title VI where we don’t have to to strike the requisite number of years, trying to enhance the ability of justify on a form; we would say that we words. local providers of education who have are going to provide the resources and Mr. Chairman, I wanted to say first the primary responsibility with greater those at the local level decide how they off that I think the amendment of the opportunities to access Federal dollars want to spent them. gentleman from Illinois [Mr. EVANS] is without having to go through so many Mr. PORTER. Mr. Chairman, will the well-conceived in the sense of if there hoops. gentleman yield? is any group in America that has been Mr. Chairman, I have introduced a Mr. MCINTOSH. I yield to the gen- neglected in the homeless population, bill which is called the Family Services tleman from Illinois. it has been the veterans and people Improvement Act. The gentleman from Mr. PORTER. Mr. Chairman, I do not who have sacrificed for our country Connecticut [Mr. SHAYS] is a cospon- think I heard the gentleman from Indi- and put their lives at risk deserve that sor. Senator Hatfield had a bill in the ana [Mr. MCINTOSH] correctly. But if I special attention, and I support that. last Congress which tried to simplify can say so, I think the role of the Fed- We have a homeless shelter particu- the way in which communities access eral Government in education is to larly targeted for veterans that a few dollars. supplement or complement the pri- Vietnam veterans have put together in If I can make a very crude analogy, a mary role of local schools in educating Ft. Wayne, and I have been proud to funnel at the top where there are a lot our children. It is not to supplant them help them and I know that it has been of individual programs, but the child at in any way or to require a certain cur- very difficult for them to get atten- the bottom of the funnel that we all ricula or anything else. And it is not, tion, because often they get ignored in want to serve, either for health reasons very definitely, to provide a separate the process. September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6869 b 1845 As I have talked with the gentleman it as a former Member from Connecti- I want to address a broader question from Illinois [Mr. PORTER] today, and cut. off of that. That is, in areas where the as I have visited schools around the I believe that the gentleman from Il- Federal Government has not been, country, first when I was a staff direc- linois [Mr. EVANS] has shown again his there is this temptation to say that tor on the Republican side with the great leadership for veterans; and every time we see a needy group or children-families committee, then working with the gentleman from Cali- every time we see a problem that we working with Senator COATS in the fornia [Mr. FILNER] and others on both are going to plunge into that. As we de- Senate, and now being on the Commit- sides of the aisle, I had the pleasure of bate tonight and tomorrow and prob- tee on Education and the Workforce, I working with the Committee on Veter- ably into next week this bill, this bill have seen the merits of some of the ans’ Affairs with the gentleman from is at the heart of the differences be- ideas in this, school-based manage- Illinois [Mr. EVANS], I know how im- tween the two parties and how we are ment, more flexibility in the schools to portant this issue is to people in my going to govern, and differences in our make determinations. But what I do home State of Pennsylvania where own party as to what the role of the not think is appropriate is to have many veterans have resided. And some Federal Government should be in edu- something come in without having are not only looking for proper health cation, what the role of the Federal gone through the authorizing commit- care from this Congress, proper voca- Government should be in abortion, tee. tional assistance, but now, where we what the role of the Federal Govern- The point is that it is authorized, but can help those who are homeless, mak- ment should be in labor policy, what it was authorized dormant; in other ing a big difference. the role of the Federal Government words, it has no funds in it. This Re- This will certainly go a long way, I should be in health policy. publican-controlled Congress never think, in making those steps in a posi- Many of us are concerned, and I say passed this bill, never moved this bill. tive way to help our veterans, many of this as someone who supported the Furthermore, it was put in at the tail whom gave their lives for others, who budget agreement. Understanding that end in the appropriations subcommit- are now trying to still make a go of it at times you have to have compromises tee process and did not get fully aired and are trying to make sure that they and at times you have to move forward because even if some of us and, for ex- have the quality of life that they de- because the President is of a different ample, we will hear in this debate that serve for the sacrifice they made for party, the Senate may not agree with the Heritage Foundation thinks that this country. the House, and in the House we have a this is a good idea. The Heritage Foun- I rise in strong support of the Evans very narrow majority, there are prag- dation has no position on this. The amendment. I believe it really makes matic things that enter into getting Heritage Foundation has done reports this bill even more positive. I thank what you can, but many of us feel we that suggest that it is a good idea at the gentleman for his leadership and went too far in this bill. We were will- the local level. They do not have a po- look forward to working with him ing to live with many of the funding sition on Federal initiative. again on other pro-veteran bills. dollars in that, begrudgingly, and And while we say we are not control- Mr. SHADEGG. Mr. Chairman, I many of us were very divided over that ling local schools, the fact is that when move to strike the requisite number of subject. we put the money out, particularly if words. But there is also the matter, if we you have a State law that says you Mr. Chairman, the American people are going to spend the money, how are cannot override local union contracts, in my district are deeply concerned we going to spend the money and in if you have a State law that says you about a number of issues, and I am what areas? cannot do some of the things in the deeply concerned about some issues We made many pledges. Many of Little Red Schoolhouse reform and that we address in this legislation, is- them probably were, needless to say, other types of things like that, and you sues which have not come to the fore overdramatic or probably unrealistic; have 50 to 100 districts that want to get until just the last few hours of this de- nevertheless, many millions of Amer- into this pool of money, there will be bate. ican people believed that when we said tremendous pressure on the State leg- Parents in America want their chil- we were going to eliminate the Depart- islatures to change their State law. dren educated. One of the things we do ment of Education and we were going It is a tad cute to say we are not in this country is we pay taxes in the to eliminate the Corporation for Public doing these things from the Federal hopes that we will give our children Broadcasting, we were going to elimi- level when, in fact, we are dumping the best possible education. Yet what nate this organization or that organi- $200 million into a program that was is happening in education in America zation, that we were at least going to not funded, that was dormant, has today is that there is a great debate fight for that. never passed a Republican Congress. going on about how we improve edu- Now we are faced with a bill that in And all of a sudden when we say we are cation. many of these cases is not eliminating, reducing Goals 2000, this is much more I have listened to that debate and I it is increasing its funding, something sweeping than Goals 2000. have listened to the citizens of my dis- that surely we did not run on and say In Indiana, it may indeed be a good trict talk about it. They want their we were going to do. It has caused a lot program. Why not debate it and go children to get the best possible edu- of grief. And this bill consolidates through a regular process similar to cation because they care deeply about many of these things; and now not only the National Literacy Initiative? their children’s success as they go for- are we looking at increasing the money We will be debating a number of ward. But they discovered one thing in some of the things that many of us these. We feel there should be a whole that is vitally important. It is some- came here very concerned about. I my- debate on this process. We are not try- thing that I thought we heard in Wash- self can hardly believe that we have a ing to be obstructionist. ington, D.C., but it appears maybe we real dollar increase in Title X which, Mr. FOX of Pennsylvania. Mr. Chair- have not. while we have many abortion issues man, I move to strike the requisite They have discovered out in America that we face in this Congress, is the number of words. that education policy cannot be set in most controversial because it has the I rise to speak on behalf of the Evans Washington, D.C., that it is simply too most money going to the organizations amendment to H.R. 2264. This is a posi- far away from the living rooms and the that do most of the abortions. Yet, it tive proposal which is bipartisan, family rooms and the bedrooms of the increases. which helps to assist the homeless vet- children studying at home to set edu- We see increases in other categories. erans and increases from $2.5 million to cation policy thousands of miles away We see whole new programs. We can $5 million this very important program here in Washington, D.C. have a debate and we certainly will which is section 738 of the Stewart B. So when I ran for the United States have a debate on the Whole School pro- McKinney Homes Assistance Act, Congress, I ran on the promise that I gram. You have got some of the discus- named for a former member of Con- would work to return to the local par- sion here and we will have that in the gress who actually initiated this pro- ents, teachers, students and adminis- education section. gram and deserves a great deal of cred- trators in the schools in my district H6870 CONGRESSIONAL RECORD — HOUSE September 4, 1997 the control of their education and their school. I have a 15-year-old and an 11- schools as a collaborative effort between the education dollars, so that those par- year-old. I had met their teachers be- Yale University Child Study Center and the ents working beside the administrators fore. I care about them, and I trust New Haven Public Schools. The two schools involved were the lowest achieving in the in their schools could decide education their teachers, but I have never met a city, had poor attendance, and had serious policy for their children. single professor from Yale University relationship problems among students, staff, For that reason, I got elected and I or Hudson Institute that I want decid- and parents. Staff morale was low. Parents am pleased about that. But I have dis- ing how my children get educated. were angry and distrustful of the schools. covered in this bill something that I trust the PTA at my school and the Hopelessness and despair were pervasive. gives me great concern. In this bill, we administrators at my school, but I The Child Study Center staff—social work- have decided that that is the wrong thought we, as a Nation, had moved be- er, psychologist, special education teacher, policy. In this bill, we have decided yond this idea of dictating Federal edu- and child psychiatrist—provided the tradi- tional support services from these disciplines once again that the Federal Govern- cation policy in Washington, D.C. Yet but focused more on understanding the un- ment should do the carrot-and-stick in this bill, I hope that my colleagues derlying problems and how to correct them. routine, that the Federal Government are listening and I hope their constitu- Problems were identified on both sides—fam- should decide what form of education ents are listening to them, we break ily stress and student underdevelopment in reform works. that promise and we set education pol- areas necessary for school success, as well as Here is what we say in the bill: We icy in Washington, D.C. That is dead organizational, management and child devel- say that we are going to reward those wrong. opment knowledge and skill needs on the schools who pursue what is called Mr. Chairman, I include for the part of the school staff. Because of pre-school experiences in fami- Whole School Reform. And we even RECORD the following: lies under stress, a disproportionate number specify in report language that we will SCHOOL DEVELOPMENT PROGRAM of low-income children presented themselves make this $150 million available, but MISSION AND VISION OF THE SCHOOL to the schools in ways that were understood only available to those schools who DEVELOPMENT PROGRAM as ‘‘bad,’’ under-motivated, and demonstrat- will follow the Whole School Reform The School Development Program is com- ing low academic potential. The behavior, in model. mitted to the total development of all chil- fact, reflected underdevelopment, or else de- And in report language, we set forth dren by creating learning environments that velopment that was appropriate on the play- that they should either follow the support children’s physical, cognitive, psy- ground, at home or other places outside of school, but inappropriate at school. school development program developed chological, language, social and ethical de- velopment. The school staffs lacked training in child by Yale University psychiatrist James Our vision is to help create a just and fair development and behavior, and understood Comer, or the Success for All and society in which all children have the edu- school achievement solely as a function of Roots and Wings programs developed cational and personal opportunities that will genetically determined intellectual ability by Johns Hopkins University, or the allow them to become successful and satis- and individual motivation. Because of this, Modern Red Schoolhouse program de- fied participants in family and civic life. the schools were ill-prepared to modify be- veloped by Hudson Institute. CORE BELIEFS OF THE SCHOOL DEVELOPMENT havior or close the developmental gaps of their students. The staffs usually responded So here we are saying, you local par- PROGRAM with punishment and low expectations. Such We believe that ‘‘it takes a whole village ents, you local administrators, those of responses were understandable given the cir- to raise a child,’’ noting especially that: chil- you that are charged with educating cumstances, but they usually led to more dren’s most meaningful learning occurs your children and care most about difficult staff-student interactions and, in through positive and supportive relation- their education, we will give you $150 turn, to difficult staff-parent and community ships with caring and nurturing adults; par- interactions, staff frustration, and a lower million. You just have to jump through ents are children’s first teachers; all parents, level of performance by students, staff and one Federal hoop. You have to agree to and staff members, and community member, abide by one of these three programs. parents. regardless of position, has an important con- Even when there was a desire to work dif- You have to spend the $150 million as tribution to make towards improving stu- ferently, there was no mechanism at the we in Washington say it should be dents’ education; and in order to bring out building level to allow parents, teachers, and spent. the best in children, adults must interact administrators first to understand the needs, Let me tell you, that is not what I more collaboratively and sensitively with then to collaborate with and help each other was sent to Washington to do. That is each other on behalf of children. address them in an integrated, coordinated We believe children: should be at the cen- way. This led to blame-finding, fragmenta- not the kind of legislation that I be- ter of the educational enterprise; are capable tion, duplication of efforts, and frustration. lieve America wants. I do not care if of higher learning; learn through various There was no sense of ownership and pride in you are Republican or Democrat. I do pathways: physical, cognitive, psychological, the school. The kind of synergism that devel- not care if you are a liberal or conserv- language, social, and ethical; and who de- ops when people work together to address ative. I think this is an issue which velop well learn well. We believe that teachers: work in support- problems and opportunities could not exist. transcends politics. The model took shape in response to the ive environments which maximize their abil- I think American parents, whether conditions in the schools. Dr. Comer and his ity to teach and prepare students for life be- colleagues, working collaboratively with they are liberal or conservative, Re- yond school; and develop positive relation- parents and staff, gradually developed the publican or Democrat, rich or poor, be- ships with parents to make the necessary current nine-component process model (3 lieve they know better how to educate bonds for effective teaching and learning. mechanisms, 3 operations, and 3 guiding their kids than some bureaucrat thou- We believe school communities: must be principles). In the first category is (1) a structured to promote collaborative decision sands of miles away in Washington, School Planning and Management Team rep- making in order to create a culture of inclu- D.C., or some professor at the Hudson resentative of the parents, teachers, admin- sion; should promote learning as a lifelong Institute or Yale University or Johns istrators and support staff; (2) a Student and process; should embrace cultural, linguistic Hopkins. Staff Support Team (formerly called the and ethnic differences to enhance the edu- Mental Health Team; and (3) Parent Team. Yet we are saying, as a United States cational process for all people; use data from The School Planning and Management Congress, there is $150 million in this all levels of the system—student, school, and Team carries out three critical operations: bill which you parents may have, but district to inform educational policies and the development of a (4) Comprehensive only if you let us decide on the edu- practices; should view change as an ongoing School Plan with specific goals in improving process guide by continuous constructive cation policy. I think that is wrong. I school climate and academic areas; (5) staff feedback; design curriculum, instruction and think we are making a grave mistake development activities based on building- assessment to align with and promote child by including that kind of policy in this level goals in these areas; and (6) periodic as- and community development and high con- bill. sessment which allows the staff to modify tent area standards; provide administrators It is not what the American parents the program to meet identified needs and op- with the support they need to lead and man- portunities. want. They trust their teacher. You sit age schools; and promote organizational syn- back and think about it: The one per- Successful implementation of the School ergy among school boards, educators, and Development Program requires several im- son you have to trust in your life is the parents. portant guiding principles and agreements. teacher that your child spends a good A BRIEF HISTORY AND SUMMARY OF THE SCHOOL All the adult stakeholders agree to use (7) a portion of every day with. DEVELOPMENT PROGRAM ‘‘no fault’’ approach to solving problems. This last Tuesday was the first day of The School Development Program (SDP) This allows school teams to use all their school for my kids. I took them both to was established in 1968 in two elementary time and energy on problem solving. Many September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6871 groups get bogged down and are unable to facilitate services to students. The three they have a full agenda of new education-re- move forward because blame creates defen- SDP structures (School Planning and Man- lated projects currently underway or planned sive behavior and conflict. When people use agement Team, Student and Staff Support for the future. In addition, former Modern ‘‘no fault,’’ they can speak up without fear of Team and the Parent Team) and the three Red Schoolhouse co-director Denis P. Doyle attack or blame. guiding principles served as vehicles for will rejoin Hudson to develop a new set of The School Development Program uses (8) bringing the school and community together school reform efforts centered on the use of consensus decision making rather than vot- to resolve conflicts and reach solutions. technology. ing as the way to make decisions. Discus- Additional information covering Hudson sions keep the developmental needs of chil- HUDSON INSTITUTE’S MODERN RED Institute’s education programs and on-going dren in mind. One of the principal benefits of SCHOOLHOUSE TO MOVE TO NASHVILLE research is available on Hudson’s website, consensus decision making is that it mini- INDIANAPOLIS, IN.—Hudson Institute’s WWW.HUDSON.ORG/HUDSON.MEDIA AD- mizes ‘‘winner-loser’’ behavior and a variety Board of Trustees announced today that its VISORY: To arrange an interview with Dr. of negative feelings that are common when highly-touted education project, The Modern Lenkowsky, contact Gail McDaniel at (317) decisions are made by voting. Red Schoolhouse, will become an independ- 549-4115. Participants on the School Planning and ent entity and relocate to Nashville, TN. This Modern Red Schoolhouse Homepage Management Team (9) collaborate with the Named ‘‘Modern Red Schoolhouse Institute,’’ has been moved to: http://www.mrsh.org principal who is often the team’s leader. the new organization will receive funding MODERN RED SCHOOLHOUSE ON THE WORLD- Team members cannot paralyze the principal from Alternative Public Schools, Inc., a WIDE WEB and on the other hand the principal cannot Nashville-based educational services firm. PREFACE use the group as a ‘‘rubber stamp.’’ In some Designed and tested over the past five The little red schoolhouse of yesteryear, at cases, a staff member rather than the prin- years, Hudson’s critically-acclaimed pro- least as idealized in American memory, was cipal serves as a leader of the governance gram strives to make all students high an institution that drew people together for and management team. When this happens, achievers in core academic subjects by build- common purposes, to share in one of the it is often after all involved have become ing upon the virtues of traditional American most important responsibilities of any com- comfortable with the process, but sometimes education while incorporating modern tech- munity: readying the next generation to it occurs at the outset. This works when it is nology in the classroom. It also relies on take its place in that community by socializ- a genuine arrangement to promote leader- proven student learning techniques, the wis- ing the young, transmitting the culture, and ship from within the staff, and not as an act dom of teachers and parental involvement. equipping future workers, citizens, and par- of disengagement. With this arrangement, it Hudson’s Modern Red Schoolhouse was one ents with essential knowledge, skills, and is important for the principal to be present of eleven plans funded by the New American habits. The Modern Red Schoolhouse intends and fully involved both in meetings and in Schools Development Corporation in 1992 to to reinvent some of the key virtues of the facilitating the process. These nine compo- design ‘‘break-the-mold’’ schools that would little red schoolhouse in a modern context nents, developed in the 1968–69 school year, revitalize American education. Hudson and with a modern mission to be a place continue to make up the essential elements worked in partnership with school districts where all children will learn and achieve of the School Development Program. in Indiana, Arizona and New York to re- academic standards that are truly world A BRIEF SUMMARY OF SCHOOL DEVELOPMENT invent the qualities and virtues of ‘‘little red class. PROGRAM EFFECTS schoolhouses’’ within a contemporary con- This is not to say that all children will Past efforts to document the effects of the text. learn in the same way, or at the same time, School Development Program have been con- In making the announcement, Hudson In- or at the same pace. To this challenge, Mod- sistent with our philosophy that educational stitute’s president Leslie Lenkowsky; Ph.D. ern Red Schoolhouse offers a set of teaching improvement embodies academic as well as emphasized, ‘‘Since Hudson began the Mod- methods tailored to identify and nurture the personal and social growth. To document the ern Red Schoolhouse, the program has grown potential that exists in every child. The effects, a combination of three research from a glimmer in the minds of Hudson’s re- Modern Red Schoolhouse standards are high. strategies are used: (1) quantitative (e.g., searchers to a well-tested and favorably- But they come with the expectation that all Surveys), (2) qualitative (e.g., our ethno- evaluated blueprint for comprehensive children will be afforded many routes to- graphic protocols), and (3) theory develop- school restructuring. The Nashville-based wards their attainment. Like its nineteenth- ment. These strategies have been employed managers of the program will bring new re- century namesake, the Modern Red School- to document academic effects, behavior and sources and marketing ‘know-how’ necessary house does not lose sight of the fact that school adjustment effects, self-concept, and for the program to become a model that mastery of subject matter is the only accept- our school climate. schools throughout the United States will able goal for all children, wherever they may Studies conducted by the School Develop- adopt as well.’’ come from and however they may learn. ment Program and other researchers provide He further remarked, ‘‘The evolution of The standards documented here will be evidence of significant SDP effects on school Modern Red Schoolhouse into its own Insti- met by Modern Red Schoolhouse students in climate, student attendance, and student tute is an outstanding example of how Hud- eight core subjects defined as English lan- achievement. SDP effects are usually first son can best utilize its talent, expertise and guage arts, geography, history, mathe- manifested in the improvement of the school resources for research and development— matics, science, the arts, foreign languages, climate, indicated by improved relationships then turn over finely-tuned and successful and health and physical education. The Mod- among the adults in the school, better col- products to other organizations for imple- ern Red Schoolhouse curriculum consists of laboration among staff members, and greater mentation.’’ Hudson Units both Foundation Units and focus on the child as the center of the edu- Specifically in Indiana, the following Capstone Units. Foundation Units are devel- cation process. Research showed that schools school districts collaborated in the Modern oped or selected at each school for the pri- in which the SDP guiding principles (‘‘no Red Schoolhouse program design: select In- mary purpose of instruction, although Foun- fault’’ problem solving, consensus decision dianapolis Public Schools, the Metropolitan dation Units also include some built-in as- making and collaboration) were followed School District of Lawrence Township in sessment. Capstone Units are developed by consistently, there was a significantly great- Marion County, Beech Grove City Schools, Advanced Systems, Inc., assessment contrac- er decline in absenteeism and suspension Bartholomew Consolidated School Corpora- tor for the Modern Red Schoolhouse, in col- rates compared to the district as a whole. tion in Columbus, and Eastern Howard laboration with teachers at cooperating Comparative studies of SDP and non-SDP School Corporation in Greentown. Schools in schools. Their primary purpose is to assess schools reported significantly higher self Evansville and Michigan City were also in- students’ academic progress, but because competence, self-concept, and achievement cluded. they are integral to curriculum, they also in- for SDP students than for non-SDP students. Headquartered in Indianapolis, Hudson In- clude some built-in instruction. Schools will Qualitative analyses of more than 130 stitute’s experience in education policy re- arrange a series of Hudson Units to meet the interviews of parents, students, teachers, search dates to the 1977 publication of Our individual learning needs of each student. principals, and other school personnel from Children’s Crippled Future: How American All the performance objectives of all the ten schools indicated (a) improved parental Education Has Failed. Hudson scholars con- Hudson Units successfully completed by each and community involvement, (b) strong, tinue to contribute a number of major books student will lead that student to achieve- positive climate, (c) increased team work and reports to the debate over the state of ment of the standards. All the Capstone and greater coordination, (d) greater focus American education, including current re- Units, supplemented by examinations in on child-centered issues for comprehensive search on America’s charter schools. each subject, form a Watershed Assessment school planning, and (e) greater top-down In addition, Hudson Institute operates the of the standards which signal students’ read- and bottom-up management. These analyses Educational Excellence Network, a nation- iness to move to the next level of schooling. also showed that the Student and Staff Sup- ally-known clearinghouse on educational is- All Modern Red Schoolhouse students are port Teams (formerly called Mental Health sues for scholars and policymakers. Hudson expected to meet the standards that follow Teams) focused primarily on prevention Senior Fellows Carol D’Amico, Chester E. with a few modest qualifications. The for- rather than crisis management. These teams Finn, Jr., and Bruno Manno, who each played eign language standards assume that stu- established stronger linkages between a critical role in developing Modern Red dents will become proficient speakers of two schools and communities in order to better Schoolhouse, will remain at Hudson where languages: English and one other. This does H6872 CONGRESSIONAL RECORD — HOUSE September 4, 1997 not preclude students from pursuing study of In English language arts: house), Kevin Ryan of Boston University dis- a third language; in fact, they are encour- Barth, P. and R. Mitchell. Smart Start. cusses the need for character education and aged to do so. The arts encompass three arts North American Press, 1992. the attempt by the Modern Red Schoolhouse disciplines: visuals areas, music, and drama. Gadda, G., E. Jensen, F. McQuade, and H. to effectively address this issue. However, Students are expected to meet standards for Wilson. Teacher’s Guide to Advanced Place- discussions about dealing with this subject all three through the intermediate level. Ad- ment Courses in English Language and Com- are best made with the community. There- vanced level students will achieve the ad- position. The College Board, 1985. fore, individual schools are advised to de- vanced standards for one arts discipline of McQuade, F. Teacher’s Guide to Advanced velop their character education programs the student’s own choosing. Placement Courses in English Literature and with the help and guidance of the school’s The Modern Red Schoolhouse standards Composition. The College Board, 1993. parents and communities. In preparing the are the result of two years of the combined Reading Framework for the 1992 and 1994 Na- curriculum, especially in health and physical thinking of teachers, administrators, com- tional Assessment of Educational Progress. Na- education, we encourage educators to review munity members, and national subject spe- tional Assessment Governing Board, U.S. not only the standards enumerated here, but cialists. During the design phase, representa- Dept. of Education. also Kevin Ryan’s essay. It discusses in more tives of participating school districts began Reading and Thinking: A New Framework for detail the reasons for character education to identify high standards in eight core sub- Comprehension. Massachusetts Department of and the specific goals of the Modern Red jects. The College Board’s Advanced Place- Education, 1987. Schoolhouse program. This essay can be ob- ment standards were used as an initial Writing Framework for the 1992 National As- tained separately from the Hudson Institute. benchmark to help participants articulate sessment of Educational Progress. National As- The Modern Red Schoolhouse standards what students should know and be able to do sessment Governing Board, U.S. Dept. of are anchored in beliefs and principles that at the time of graduation from high school. Education. most Americans today as they did a century Although students in the Modern Red In Geography: ago know to be true and valid. We believe Schoolhouse will reach these standards at Geography Framework for the 1992 and 1994 that standards can serve as an anchor for different rates and therefore at different National Assessment of Educational Progress. those principles while at the same time pre- ages, the three levels are roughly equivalent U.S. Dept. of Education, 1992. paring graduates to take their place in the to what students should know and be able to Geography (K–6 and 7–12): Themes, Key communities of the twenty-first century. do at the end of grades 4, 8, and 12. Ideas, and Learning Opportunities. Geography SALLY B. KILGORE, Ph.D., Successive drafts of the standards were re- Education National Implementation Project, Director. viewed by the Modern Red Schoolhouse 1989. Standards and Assessment Task Force. This Guidelines for Geographic Education. Asso- WELCOME TO THE HOME OF SUCCESS FOR document is the result of considerable revi- ciation of American Geographers, 1984. ALLTM AND ROOTS & WINGSTM sion by a team of subject specialists, all with In History: Success For AllTM (SFA) and Roots & broad experience in setting high standards Historical Literacy. Bradley Commission on WingsTM are comprehensive school restruc- and helping students to achieve them. Their History in the Schools, 1989. turing programs for students in grades Pre– joint experience includes work for the Ad- History-Social Science Framework. California K to Six. vanced Placement program, the Council for Department of Education, 1988. The idea behind the SFATM program is to Basic Education, the National Council of Holt, T. Thinking Historically. The College organize resources to focus on prevention Teachers of English, the National Endow- Board, 1990. and early intervention, to ensure that vir- ment for the Humanities, the Mathematical National History Standards Project. National tually every student will succeed in reading Association of America, the National Center for History in the Schools, UCLA– throughout the elementary grades—and no Science Teachers Association, and a com- NEH Research Program, ongoing. student will be allowed to ‘‘fall between the bined hundred years in classrooms at all lev- In Mathematics: cracks.’’ This highly successful model is cur- els. Drafts of the standards have been re- Edwards, E.L. Algebra for Everyone. Na- rently in use in 750 schools in 37 states. viewed by subject specialists at Advanced tional Council of Teachers of Mathematics, The goal of Roots & WingsTM is to ensure Systems, Inc. and teachers in member 1990. every child a firm foundation in the knowl- schools, whose suggestions have prompted Curriculum and Evaluation Standards for edge and skills needed to succeed in today’s additional revisions. The greatest challenge School Mathematics. National Council of world, and to go far beyond this to higher- offered by these standards raising student Teachers of Mathematics, 1989. order learning and integration of knowledge. Roots refers to strategies designed to en- achievement to meet them will be addressed Mathematics Assessment: 1994 National As- sure that every child meets world class through innovative curriculum and not by sessment of Educational Progress. Submitted standards—effective instructional programs lowered expectations. to the National Assessment Governing Board in reading, writing, and language arts; tutor- While the Modern Red Schoolhouse stand- by The College Board, 1992. ards are unique, they are not inconsistent Meiring, S.P., R.N. Rubenstein, J.E. ing for children struggling with reading; in- tegrated health, mental health, and social with the recommendations of professional Schultz, J. de Lange, and D.L. Chambers. A services; and family support. These elements associations striving for excellence in edu- Core Curriculum: Making Mathematics Count are based on Success for AllTM. cation. We have borrowed heavily from other for Everyone: Addenda Series, Grades 9–12. Na- Wings refers to improvements in curricu- sets of standards developed in recent years in tional Council of Teachers of Mathematics, lum and instruction designed to let children the great national effort to reform America’s 1992. soar. A key component of Wings is a science schools. We are indebted to the work of the Silver, E., J. Kilpatrick, and B. Schles- and social studies program called National Assessment Governing Board whose inger. Thinking through Mathematics: Foster- WorldLabTM, which includes a set of simula- National Assessments of Educational ing Inquiry and Communication in Mathematics tions in which students will be able to apply Progress in language arts, geography, math- Classrooms. The College Board, 1990. knowledge and skills in flexible, creative, ematics, science, and the arts helped inform In Science: and integrated ways to solve problems. Chil- Fulfilling the Promise: Biology Education in the standards. We drew from the College dren in WorldLabTM design and test efficient Board’s various teacher’s guides to their Ad- the Nation’s Schools. National Research Coun- vehicles, explore African culture and agri- vanced Placement courses. Publications cil, 1991. culture, write a new U.S. Constitution, or in- from the following professional associations National Committee on Science Education vestigate sources of pollution in local water- informed the development of the standards Standards and Assessment. National Research ways. in their respective disciplines: the Associa- Council, 1993 (draft). MathWingsTM, based on NCTM standards, tion of American Geographers, the Bradley Project 2061: Science for all Americans. Amer- provides practical constructivist approaches Commission on History in Schools; the Na- ican Association for the Advancement of to math emphasizing cooperative learning, tional Center for History in the Schools Science, 1989. complex problem solving, games, and discov- (UCLA–NEH); the National Council for Science Framework for the 1994 National As- ery. sessment of Educational Progress. National As- Teachers of Mathematics; the American As- SUCCESS FOR ALLtm sociation for the Advancement of Science; sessment Governing Board, U.S. Dept. of Tutors National Standards in Foreign Language Education. Education project; and the National Associa- Science and Technology Education for the El- In grades 1–3, specially trained, certified tion for Sports and Physical Education. ementary Years. National Center for Improv- teachers work one-on-one with any students In addition to these, the standards have ing Science Education, 1989. who are failing to keep up with their class- been informed by the U.S. Department of Scope, Sequence, and Coordination of Second- mates in reading. Firs grade students have Education’s ‘‘James Madison’’ series and the ary School Science. The Content Core: A Guide priority for tutoring. U.S. Department of Labor’s SCANS reports. for Curriculum Designers. National Science Eight-week assessments Standards for the primary and intermediate Teachers Association, 1986. Students in grades 1–5 are assessed every levels were also informed by E.D. Hirsch’s The Modern Red Schoolhouse has also inte- eight weeks to determine whether they are ‘‘Cultural Literacy’’ inventory and Smart grated character education into the aca- making adequate progress in reading. This Start by Patte Barth and Ruth Mitchell. demic curriculum of its students. In his information is used to assign students to tu- We are indebted especially to the work of essay ‘‘Character Education in Our Schools’’ toring, to suggest alternative teaching strat- the following authors and associations: (published separately by Modern Red School- egies in the regular classroom, and to make September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6873 changes in reading group placement, family week assessments, assists the Family Sup- tion process insures that the school staff are support interventions, or other means of port Team, facilitates staff support teams, aware of the elements of the program, have meeting students’ needs. The school plans and implements staff development, and the resources to implement the program suc- facilitator coordinates this process with the helps all teachers make certain that every cessfully, and agree as a staff to make the active involvement of teachers in grade-level child is making adequate progress. commitment to implement the program. A teams. Staff support teams positive vote of 80% or more of all teachers is required. Early learning (preschool and kindergarten) Teachers in the Success For All TM program Whenever possible, a half-day preschool support one another through the training Where can I get more information? program is provided for all four-year-olds. and implementation process in coaching For awareness materials or information on The program emphasizes language develop- partnerships, grade level teams, and other training, school visits, or other assistance, ment, readiness, and positive self-concept. A staff team configurations. These teams be- contact us at: Success For AllTM Program, full-day kindergarten program continues the come a catalyst for the dissemination of new Johns Hopkins University, 3505 N. Charles emphasis on language, using children’s lit- material, goal setting, and problem solving, St., Baltimore, MD 21218, Phone: 410–516–8896 erature and big books, as well as oral and and they provide a supportive forum for dis- (in Maryland), or 1–800–548–4998, fax us at: written composition, activities promoting cussion around new instructional strategies. 410–516–8890, or you can browse our Web site. the development of concepts about print, al- Professional development phabet games, and math concept develop- Professional development for Success For SUCCESS FOR ALL/ROOTS AND WINGS ment. Peabody Language All TM requires three days for all teachers be- SUMMARY OF RESEARCH ON ACHIEVEMENT Reading and writing programs fore the program begins. Success For All TM OUTCOMES During reading periods, students are re- consultants return to the school for three (By Robert E. Slavin, Nancy A. Madden, and grouped across age lines for 90 minutes so two-day visits during the school year to Barbara A. Wasik) that each reading class contains students work with principal, facilitators, and teach- Ms. Martin’s kindergarten class has some of reading at one level. This eliminates the ers to build a strong implementation. Suc- the brightest, happiest, friendliest, and most op- need to have reading groups within the class cess For All TM facilitators are available for timistic kids you’ll ever meet. Students in her and increases the amount of time for direct telephone consultation during the year. class are glad to be in school, proud of their ac- instruction. Also, use of tutors as reading Building facilitators follow up on initial complishments, certain that they will succeed at teachers during reading time reduces the size training with classroom visits, coaching, and whatever the school has to offer. Every one of of most reading classes. The reaching pro- team meetings. them is a natural scientist, a storyteller, a cre- gram in grades K–1 emphasizes the develop- FOR ALL/ROOTS & WINGStm FREQUENTLY ASKED ative thinker, a curious seeker of knowledge. ment of language skills and launches stu- QUESTIONS Ms. Martin’s class could be anywhere—in sub- dents into reading using phonetically regular Where is the program used? urb or ghetto, small town or barrio—it doesn’t storybooks supported by careful instruction What are the results? matter. Kindergartners everywhere are just as that focuses on phonemic awareness, audi- What are the costs? bright, enthusiastic and confident as her kids tory discrimination, and sound blending as How do schools adopt Success for AllTM? are. well as meaning, context, and self-monitor- Where can I get more information? Only a few years from now, many of these ing strategies. Students become fluent as Where is the program used? same children will have lost the spark they they read and reread to one another in pairs. all started with. Some will have failed a At the second through fifth grade levels, As of the 1996–97 school year, Success For grade. Some will be in special education. TM students use school or district selected read- All is being implemented in more than 473 Some will be in long-term remediation, such ing materials, basals, and/or trade books in a schools in over 126 districts in more than 37 as Title I or other remedial programs. Some carefully structured set of interactive oppor- states in all parts of the United States. will be bored or anxious or unmotivated. tunities to read, discuss, and write. This pro- What are the results? Many will see school as a chore rather than gram emphasizes cooperative learning ac- Success For AllTM has been evaluated in a pleasure and will no longer expect to excel. tivities built around partner reading, identi- several school districts. In each, matched In a very brief span of time, Ms. Martin’s fication of characters, settings, and problem Success For AllTM and control schools have children will have defined themselves as suc- solutions in narratives, story summari- been compared on individually administered cesses or failures in school. All too often, zation, writing, and direct instruction in reading scales and other measures. The re- only a few will still have a sense of excite- reading comprehension skills. At all levels, sults have consistently favored Success For ment and positive self-expectations about students read books of their choice for twen- AllTM. In average grade equivalents, Success learning. We cannot predict very well which ty minutes each evening as homework. For AllTM students perform approximately of Ms. Martin’s students will succeed and Classroom libraries of books are developed three months ahead of comparison students which will fail, but we can predict—based on for this purpose. For schools with Spanish by the first grade, and more than a year the past—that if nothing changes, far too TM bilingual programs, Success For All pro- ahead by fifth grade. Effects are particularly many will fail. This is especially true if Ms. vides a Spanish reading curriculum, Exito strong for students who are most at risk, Martin’s kindergarten happens to be located ParaTodos, in grades 1–5. those in the lowest 25% of their grades. Ef- in a high-poverty neighborhood, in which Writing is emphasized throughout the fects of the Spanish version of Success For there are typically fewer resources in the grades. Writing instruction uses a writer’s AllTM, Lee Conmigo, have also been strong. school to provide top-quality instruction to workshop format in which students plan, Positive effects have also been found on dis- every child, fewer forms of rescue if children draft, revise, edit, and publish compositions trict-administered standardized tests. Suc- run into academic difficulties, and fewer sup- with feedback at each stage from teachers cess For AllTM has produced substantial re- ports for learning at home. Preventable fail- and peers. ductions in retentions and special education ures occur in all schools, but in high poverty Cooperative learning referrals and placements. schools failure can be endemic, so wide- Cooperative learning is the vehicle that What are the costs? spread that it makes it difficult to treat drives the Success For All TM curriculum. each child at risk of failure as a person of Cost is based on the size and location of Students work together in partnerships and value in need of emergency assistance to get the individual school, and number of schools teams, helping one another to become strate- back on track. Instead, many such schools collaborating in training. Sample costs for a gic readers and writers. Emphasis is placed do their best to provide the greatest benefit school of about 500 students in Pre-kinder- on individual accountability, common goals, to the greatest number of children possible, garten through fifth grade range from $45,000 and recognition of group success. but have an unfortunately well-founded ex- to $58,000 for Year 1; $45,000 to $52,000 for pectation that a certain percentage of stu- Family support team Year 2; and $45,000 to $52,000 for Year 3. (Add dents will fall by the wayside during the ele- The family support team works with par- approximately $55 for each student over 500.) mentary years. ents in ensuring the success of their chil- These estimates include training, materials, Any discussion of school reform should dren. The team focuses on promoting parent follow-up visits, and other services. Actual begin with Ms. Martin’s kindergartners. The involvement, developing plans to meet the costs will vary for different situations, de- first goal of reform should be to ensure that needs of individual students having dif- pending in part on distances from training every child—regardless of home background, ficulty, implementing attendance plans, and centers and local capacity to provide some home language, or learning style—achieves integrating community and school resources. training and follow-up and will be calculated the success that he or she so confidently ex- The team is composed of the principal or as- for the individual school. (For more informa- pected in kindergarten, that all children sistant principal, facilitator, social worker, tion see Considerations for Adoption) maintain their motivation, enthusiasm, and and other personnel. How do schools adopt Success For AllTM? optimism because they are objectively suc- Facilitator We encourage district and school staff to ceeding at the school’s tasks. Any reform A full-time facilitator works with teachers review program materials, view video tapes, that does less than this is hollow and self-de- in each Success For All TM school to help and visit nearby Success For AllTM sites. feating. What does it mean to succeed in the them implement the reading program. In ad- Schools must apply to become a Success For early grades? The elementary schools’ defini- dition, the facilitator coordinates eight- AllTM or Roots & Wings school. The applica- tion of success, and therefore the parents’ H6874 CONGRESSIONAL RECORD — HOUSE September 4, 1997 and children’s definition as well, is over- PROGRAM DESCRIPTION dents). The student portion uses a phoneti- whelmingly success in reading. Very few Success for All cally controlled vocabulary. Taken together, children who are reading adequately are re- Success for All exists as a separate pro- the teacher and student portions create in- tained. assigned to special education, or gram and also serves as the reading/writing/ teresting, worthwhile stories. Over time, the given long-term remedial services. Other language arts component for Roots and teacher portion diminishes and the student subjects are important, of course, but read- Wings. Success for All is built around the as- portion lengthens, until students are reading the entire book. This scaffolding allows stu- ing and language arts form the core of what sumption that every child can read. We mean dents to read interesting literature when school success means in the early grades. this not as wishful thinking or as a philo- they only have a few letter sounds. Letters When a child fails to read well in the early sophical statement, but as a practical, at- grades, he or she begins a downward progres- and letter sounds are introduced in an ac- tainable reality. In particular, every child sion. In first grade, some children begin to tive, engaging set of activities that begins without organic retardation can learn to notice that they are not reading adequately. with oral language and moves into written read. Some children need more help than They may fail first grade or be assigned to symbols. Individual sounds are integrated others and may need different approaches long term remediation. As they proceed into a context of words, sentences, and sto- than those needed by others, but one way or through the elementary grades, many stu- ries. Instruction is provided in story struc- another every child can become a successful dents begin to see that they are failing at ture, specific comprehension skills, reader. their full-time jobs. When this happens, metacognitive strategies for self-assessment Success for All began in one Baltimore ele- things begin to unravel. Failing students and self-correction, and integration of read- mentary school in 1987–1988, and since then begin to have poor motivation and poor self- ing and writing. has expanded each year of additional schools. expectations, which lead to continued poor Spanish bilingual programs use an adapta- As of Fall, 1996, it is in about 450 schools in achievement, in a declining spiral that ulti- tion of Reading Roots called Lee Conmigo 120 districts in 31 states throughout the mately leads to despair, delinquency, and (‘‘Read With Me’’). Lee Conmigo employs the United States. The districts range from some dropout. same instructional strategies as Reading Remediating learning deficits after they of the largest in the country, such as Balti- Roots, but uses Spanish reading materials. are already well established is extremely dif- more, Houston, Memphis, Philadelphia, Cin- When students reach the primer reading ficult. Children who have already failed to cinnati, Cleveland, Chicago, New York, and level, they use a program called Reading learn to read, for example, are now anxious Miami, to such middle-sized districts as Wings, an adaptation of Cooperative Inte- about reading, and doubt their ability to Richmond, Virginia; Rockford, Illinois; and grated Reading and Composition (CIRC) learn it. Their motivation to read may be Modesto and Riverside, California, to tiny (Stevens, Madden, Slavin, & Farnish, 1987). low. They may ultimately learn to read but rural districts, including two on the Navajo Reading Wings uses cooperative learning ac- it will always be a chore, not a pleasure. reservation in Arizona. Success for All read- tivities built around story structure, pre- Clearly, the time to provide additional help ing curricula in Spanish have been developed diction, summarization, vocabulary building, to children who are at risk is early, when and researched and are used in bilingual pro- decoding practice, and story-related writing. children are still motivated and confident grams in California, Texas, Arizona, Florida, Students engage in partner reading and and when any learning deficits are relatively Illinois, New York, New Jersey, and Phila- structured discussion of stories or novels, small and remediable. The most important delphia. Almost all Success for All schools and work toward mastery of the vocabulary goal in educational programming for stu- are high-poverty title I schools, and the and content of the story in teams. Story-re- dents at risk of school failure is to try to great majority are schoolwide projects. Oth- lated writing is also shared within teams. make certain that we do not squander the erwise, the schools vary widely. Cooperative learning both increases stu- greatest resource we have—the enthusiasm Success for All and Roots and Wings have dents’ motivation and engages students in and positive self-expectations of young chil- somewhat different components at different cognitive activities known to contribute to dren themselves. sites, depending on the school’s needs and re- reading comprehension, such as elaboration, In practical terms, what this perspective sources available to implement the program summarization, and rephrasing (see Slavin, implies is that schools, and especially Title (Slavin et al., 1996b). However, there is a 1995). Research on CIRC has found it to sig- I, special education, and other services for common set of elements characteristic of all nificantly increase students’ reading com- at-risk children, must be shifted from an em- Success for All and Roots and Wings schools. prehension and language skills (Stevens et phasis on remediation to an emphasis on pre- These are described on the following pages. al., 1987). vention and early intervention. Prevention Reading Program In addition to these story-related activi- ties, teachers provide direct instruction in means providing developmentally appro- Sucess for All and Roots and Wings use a reading comprehension skills, and students priate preschool and kindergarten programs reading curriculum based on research, on ef- practice these skills in their teams. Class- so that students will enter first grade ready fective practices in beginning reading (e.g., room libraries of trade books at students’ to succeed, and it means providing regular Adams, 1990), and on effective use of coopera- reading levels are provided for each teacher, classroom teachers with effective instruc- tive learning (Slavin, 1995; Stevens, Madden, and students read books of their choice for tional programs, curricula, and professional Slavin, & Farnish, 1987). homework for 20 minutes each night. Home development to enable them to see that most Reading teachers at every grade level readings are shared via presentations, sum- students are successful the first time they begin the reading time by reading children’s maries, puppet shows, and other formats are taught. Early intervention means that literature to students and engaging them in twice a week during ‘‘book club’’ sessions. supplementary instructional services are a discussion of the story to enhance their un- Materials to support Reading Wings provided early in students’ schooling and derstanding of the story, listening and through the sixth grade (or beyond) exist in that they are intensive enough to bring at- speaking vocabulary, and knowledge of story English and Spanish. The English materials risk students quickly to a level at which structure. In kindergarten and first grade, are built around children’s literature and they can profit from good quality classroom the program emphasizes the development of around the most widely used basal series and instruction. oral language and pre-reading skills through anthologies. Supportive materials have been The purpose of this report is to describe the use of thematically-based units which in- developed for more than 100 children’s novels the current state of research on the achieve- corporate areas such as language arts and and for most current basal series. Spanish ment outcomes of Success for All, a program writing under a science or social studies materials are similarly built around Span- built around the idea that every child can topic. A component called Story Telling and ish-language novels and basals. and must succeed in the early grades, no Retelling (STaR) involves the students in Beginning in the second semester of pro- matter what this takes. The idea behind Suc- listening to, retelling, and dramatizing chil- gram implementation, Success for All and cess for All is to use everything we know dren’s literature. Big books as well as oral Roots and Wings schools usually implement about effective instruction for students at and written composing activities allow stu- a writing/language arts program based pri- risk to direct all aspects of school and class- dents to develop concepts of print as they de- marily on cooperative learning principles room organization toward the goal of pre- velop knowledge of story structure. There is (see Slavin, Madden, & Stevens, 1989/90). venting academic deficits from appearing in also a strong emphasis on phonemic aware- Students in grades one to three (and some- the first place; recognizing and intensively ness activities which help develop auditory times 4 to 5 or 6) are regrouped for reading. intervening with any deficits that do appear; discrimination and support the development The students are assigned to heterogeneous, and providing students with a rich and full of reading readiness strategies. age-grouped classes most of the day, but dur- curriculum to enable them to build on their Reading Roots is typically introduced in the ing a regular 90-minute reading period they firm foundation in basic skills. The commit- second semester of kindergarten or in first are regrouped by reading performance levels ment of Success for All is to do whatever it grade. This K–1 beginning reading program into reading classes of students all at the takes to see that all children become skilled, uses as its base a series of phonetically regu- same level. For example, a 2–1 reading class strategic, and enthusiastic readers as they lar but meaningful and interesting might contain first-, second-, and third-grade progress through the elementary grades. In minibooks and emphasizes repeated oral students all reading at the same level. The addition, this report describes research on reading to partners as well as to the teacher. reading classes are smaller than home rooms Roots and Wings, a program that adds to The minibooks begin with a set of ‘‘shared because tutors and other certified staff (such Success for All programs in mathematics, stories,’’ in which part of a story is written as librarians or art teachers) teach reading science, and social studies (Slavin, Madden, in small type (read by the teacher) and part during this common reading period. Re- & Wasik, 1996). is written in large type (read by the stu- grouping allows teachers to teach the whole September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6875 reading class without having to break the provides a balance of academic readiness and Throughout the year, follow-up visits are class into reading groups. This greatly re- non-academic music, art, and movement ac- made to the school by project staff, who visit duces the time spent in seatwork and in- tivities in a series of thematic, interdiscipli- classrooms, meet with school staff, and con- creases direct instruction time, eliminating nary units. Readiness activities include use duct inservice presentations on such topics workbooks, dittos, or other follow-up activi- of the Peabody Language Development Kits as classroom management, instructional ties which are needed in classes that have and Story Telling and Retelling (STaR) in pace, and cooperative learning. Facilitators multiple reading groups. The regrouping is a which students retell stories read by the also organize many informal sessions to form of the Joplin Plan, which has been teachers. Pre-reading activities begin during allow teachers to share problems and prob- found to increase reading achievement in the the second semester of kindergarten. lem solutions, suggest changes, and discuss elementary grades (Slavin, 1987). Family Support Team individual children. The staff development Eight-Week Reading Assessments Parents are an essential part of the for- model used in Success for All and Roots and At eight-week intervals, reading teachers mula for success in Success for All and Roots Wings emphasizes relatively brief initial assess student progress through the reading and Wings. A Family Support Team works in training with extensive classroom follow-up, program. The results of the assessments are each school, serving to make families feel re- coaching, and group discussion. used to determine who is to receive tutoring, spected and welcome in the school and be- Advisory Committee to change students’ reading groups, to sug- come active supporters of their child’s edu- An advisory committee composed of the gest other adaptations in students’ pro- cation as well as providing specific services. building principal, program facilitator, grams, and to identify students who need The Family Support Team consists of the teacher representatives, parent representa- other types of assistance, such as family Title I parent liaison, vice-principal (if any), tives, and family support staff meets regu- interventions or screening for vision and counselor (if any), facilitator, and any other larly to review the progress of the program hearing problems. The assessments are cur- appropriate staff already present in the and to identify and solve any problems that riculum-based measures that include teacher school or added to the school staff. arise. In most schools existing site-based observations and judgments as well as more The Family Support Team first works to- management teams are adapted to fulfill formal measures of reading comprehension. ward good relations with parents and to in- this function. In addition, grade-level teams Reading Tutors crease involvement in the schools. Family and the Family Support Team meet regu- Support Team members may complete ‘‘wel- larly to discuss common problems and solu- One of the most important elements of come’’ visits for new families. They organize tions and to make decisions in their areas of Success for All and Roots and Wings is the many attractive programs in the school, responsibility. use of tutors to promote students’ success in such as parenting skills workshops. Most reading. One-to-one tutoring is the most ef- Special Education schools use a program called ‘‘Raising Read- fective form of instruction known (see Wasik Every effort is made to deal with student’s ers’’ in which parents are given strategies to & Slavin, 1993). The tutors are certified learning problems within the context of the use in reading with their own children. teachers with experience teaching Title I, regular classroom, as supplemented by tu- The Family Support Team also intervenes special education, and/or primary reading. tors. Tutors evaluate student’s strengths and to solve problems. For example, they may Often, well-qualified paraprofessionals also weaknesses and develop strategies to teach contact parents whose children are fre- tutor children with less severe reading prob- in the most effective way. In some schools, quently absent to see what resources can be lems. In this case, a certified tutor monitors special education teachers work as tutors provided to assist the family in getting their their work and assists with the diagnostic and reading teachers with students identified child to school. Family support staff, teach- assessment and intervention strategies. Tu- as learning disabled as well as other students ers, and parents work together to solve tors work one-on-one with students who are experiencing learning problems who are at school behavior problems. Also, family sup- having difficulties keeping up with their risk for special education placement. One port staff are called on to provide assistance reading groups. The tutoring occurs in 20- major goal of Success for All and Roots and when students seem to be working at less minute sessions during times other than Wings is to keep students with learning than their full potential because of problems reading or math periods. problems out of special education if at all at home. Families of students who are not In general, tutors support students’ success possible, and to serve any students who qual- receiving adequate sleep or nutrition, need in the regular reading curriculum, rather ify for special education in a way that does glasses, are not attending school regularly, than teaching different objectives. For ex- not disrupt their regular classroom experi- or are exhibiting serious behavior problems, ample, the tutor will work with a student on ence (see Slavin, Madden, Karweit, Dolan, may receive family support assistance. the same story and concepts being read and Wasik, Shaw, Mainzer, & Haxby, 1991). The Family Support Team is strongly inte- taught in the regular reading class. However, grated into the academic program of the Roots and Wings tutors seek to identify learning problems school. It receives referrals from teachers Roots and Wings (Slavin, Madden, Dolan, & and use different strategies to teach the and tutors regarding children who are not Wasik, 1994; Slavin, Madden, & Wasik, 1996) same skills. They also teach metacognitive making adequate academic progress, and is a comprehensive reform design for elemen- skills beyond those taught in the classroom thereby constitutes an additional stage of tary schools that adds to Success for All in- program. Schools may have as many as six intervention for students in need above and novative programs in mathematics, social or more teachers serving as tutors depending beyond that provided by the classroom studies, and science. on school size, need for tutoring, and other teacher or tutor. The Family Support Team Roots and Wings schools begin by imple- factors. also encourages and trains the parents to menting all components of Success for All, During daily 90-minute reading periods, fulfill numerous volunteer roles within the described above. In the second year of imple- certified tutors serve as additional reading school, ranging from providing a listening mentation they typically begin to incor- teachers to reduce class size for reading. ear to emerging readers to helping in the porate the additional major components. Reading teachers and tutors use brief forms school cafeteria. MathWings is the name of the mathematics to communicate about students’ specific program used in grades 1–5. It is a construc- problems and needs and meet at regular Program Facilitator tivist approach to mathematics based on times to coordinate their approaches with A program facilitator works at each school NCTM standards, but designed to be prac- individual children. to oversee (with the principal) the operation tical and effective in schools serving many Initial decisions about reading group of the Success for All and Roots and Wings students placed at risk. MathWings makes placement and the need for tutoring are models. The facilitator helps plan the pro- extensive use of cooperative learning, games, based on informal reading inventories that gram, helps the principal with scheduling, discovery, creative problem solving, the tutors give to each child. Subsequent and visits classes and tutoring sessions fre- manipulatives, and calculators. reading group placements and tutoring as- quently to help teachers and tutors with in- WorldLab is an integrated approach to so- signments are made using the curriculum- dividual problems. He or she works directly cial studies and science that engages stu- based assessments described above. First- with the teachers on implementation of the dents in simulations and group investiga- graders receive priority for tutoring, on the curriculum, classroom management, and tions. Students take on roles as various peo- assumption that the primary function of the other issues, helps teachers and tutors deal ple in history, in different parts of the world, tutors is to help all students be successful in with any behavior problems or other special or in various occupations. For example, they reading the first time, before they fail and problems, and coordinates the activities of work as engineers to design and test efficient become remedial readers. the Family Support Team with those of the vehicles, they form a state legislature to instruction staff. Preschool and Kindergarten enact environmental legislation, they repeat Most Success for All and Roots and Wings Teachers and Teacher Training Benjamin Franklin’s experiments, and they schools provide a half-day preschool and/or a The teachers and tutors are regular cer- solve problems of agriculture in Africa. In full-day kindergarten for eligible students. tified teachers. They receive detailed teach- each activity students work in cooperative The preschool and kindergarten programs er’s manuals supplemented by three days of groups, do extensive writing, and use read- focus on providing a balanced and devel- inservice at the beginning of the school year. ing, mathematics, and fine arts skills opmentally appropriate learning experience In Roots and Wings schools, this level of in- learned in other parts of the program. for young children. The curriculum empha- service continues over a three-year period as As of Fall 1996, approximately sixty sizes the development and use of language. It the main program elements are phased in. schools in fifteen states are adding either H6876 CONGRESSIONAL RECORD — HOUSE September 4, 1997 MathWings or WorldLab to their implemen- sity of Memphis—Steven Ross, Lana Smith, uations design appear below). Vaguaries of tations of Success for All, making them- and their colleagues—added evaluations in funding and other local problems have ended selves into Roots and Wings schools. Dem- Memphis, Houston, Tucson, Montgomery, some evaluations prematurely, but most onstration sites for the program are being Alabama, Ft. Wayne, Indiana, and Caldwell, have been able to follow Success for All established in many parts of the United Idaho. Most recently, studies focusing on schools for many years. As of this writing, States. English language learners in California have there are seven years of continuous data Research on Success for All and Roots and been conducted in Modesto and Riverside by from the six original schools in Baltimore Wings the Southwest Regional Laboratory. Each of and Philadelphia, and varying numbers of From the very beginning, there has been a these evaluations has compared Success for strong focus in Success for All on research All schools to matched comparison schools years of data from seven other districts, a and evaluation. We began longitudinal eval- on measures of reading performance, start- total of twenty-three schools (and their uations of the program in its earliest sites, ing with cohorts in kindergarten or in first matched control schools). Information on six schools in Baltimore and Philadelphia. grade and continuing to follow these stu- these schools and districts is shown in Table Later, third-party evaluators at the Univer- dents as long as possible (details of the eval- 1. TABLE 1. CHARACTERISTICS OF SUCCESS FOR ALL SCHOOLS IN THE LONGITUDINAL STUDY

Percent free Ethnicity by Date began Data District/school Enrollment lunch percent SFA collected Pre-school? Full-day K? Comments

Baltimore: B1 ...... 500 83 B–96 W–4 1987 88–94 yes ...... yes ...... First SFA school; had additional funds first 2 years. B2 ...... 500 96 B–100 1988 89–94 some ...... yes ...... Had additional funds first 4 years. B3 ...... 400 96 B–100 1988 89–94 some ...... yes ...... B4 ...... 500 85 B–100 1988 89–94 some ...... yes ...... B5 ...... 650 96 B–100 1988 89–94 some ...... yes ...... Philadelphia: P1 ...... 620 96 A–60 W–2 B– 1988 89–94 no ...... yes ...... Large ESL program for Cambodian children. 20 P2 ...... 600 97 B–100 1991 92–93 some ...... yes ...... P3 ...... 570 96 B–100 1991 92–93 no ...... yes ...... P4 ...... 840 98 B–100 1991 93 no ...... yes ...... P5 ...... 700 98 L–100 1992 93–94 no ...... yes ...... Study only involves students in Spanish bilingual program. Charleston, SC: CS1 ...... 500 40 B–60 W–40 1990 91–92 no ...... no ...... Memphis, TN: MT1 ...... 350 90 B–95 W–5 1990 91–94 yes ...... no ...... Program implemented only in grades K–2. MT2 ...... 530 90 B–100 1993 94 yes ...... yes ...... MT3 ...... 290 86 B–100 1993 94 yes ...... yes ...... MT4 ...... 370 90 B–100 1993 94 yes ...... yes ...... Ft. Wayne, IN: F1 ...... 330 65 B–56 W–44 1991 92–94 no ...... yes ...... SFA schools (& controls) are part of desegregation plan. F2 ...... 250 55 B–55 W–45 1991 92–94 no ...... yes ...... SFA schools (& controls) are part of desegregation plan. Montgomery, AL: MA1 ...... 450 95 B–100 1991 93–94 no ...... yes ...... MA2 ...... 460 97 B–100 1991 93–94 no ...... yes ...... Caldwell, ID: CI1 ...... 400 20 W–80 L–20 1991 93–94 no ...... no ...... Study compares 2 SFA schools to Reading Recovery school. Modesto, CA: MC1 ...... 640 70 W–54 L–25 A– 1992 94 yes ...... no ...... Large ESL program for students speaking 17 languages. 17 B–4 MC2 ...... 560 98 L–66 W–24 A– 1992 94 yes ...... no ...... Large Spanish bilingual program. 10 Riverside, CA: R1 ...... 930 73 L–54 W–33 B– 1992 94 yes ...... no ...... Large Spanish bilingual & ESL programs; year=round 10 school. Key: B—African American; L—Latino; A-Asian American; W—White.

Evaluation Design all evaluations, and separate analyses were fect Sizes 1988–1994’’ for each grade level, 1– A common evaluation design, with vari- conducted for students in general and for 5. The analyses compare cohort means for ations due to local circumstances, has been students in the lowest 25% of their grades. experimental and control schools; for exam- used in all Success for All evaluations. Every The figures presented in this report sum- ple the Grade 1 graph compares 55 experi- Success for All school involved in a formal marize student performance in grade equiva- mental to 55 control cohorts, with cohort evaluation is matched with a control school lents (adjusted for covariates) and effect size (50–150 students) as the unit of analysis. In that is similar in poverty level (percent of (proportion of a standard deviation separat- other words, each bar is a mean of scores students qualifying for free lunch), historical ing the experimental and control groups), from more than 5000 students. Grade equiva- achievement level, ethnicity, and other fac- averaging across individual measures. Nei- lents are based on the means, and are only tors. Schools are also matched on district- ther grade equivalents nor averaged scores presented for their informational value. No administered standardized test scores given were used in the analyses, but they are pre- analyses were done using grade equivalents. in kindergarten or (starting in 1991 in six dis- sented here as a useful summary. Statistically significantly (p=.05 or better) tricts) on Peabody Picture Vocabulary Test Each of the evaluations summarized in this positive effects of Success for All (compared (PPVT) scores given by the project in the report follows children who began in Success to controls) were found on every measure at fall of kindergarten or first grade. The meas- for All in first grade or earlier, in compari- every grade level, 1–5. For students in gen- ures used in the evaluations were as follows: son to children who had attended the control eral, effect sizes averaged around a half Woodcock Reading Mastery Test.—Three school over the same period. Students who standard deviation at all grade levels. Ef- Woodcock scales—Word Identification, Word start in it after first grade are not consid- fects were somewhat higher than this for the Attack, and Passage Comprehension—were ered to have received the full treatment (al- Woodcock Word Attack scale in grades 1 and individually administered to students by though they are of course served within the 2, but in grades 3–5 effect sizes were more or trained testers. Word Identification assesses schools). less equivalent on all aspects of reading. recognition of common sight words, Word Results for all experimental-control com- Consistently, effect sizes for students in the Attack assesses phonetic synthesis skills, parisons in all evaluation years are averaged lowest 25% of their grades were particularly and Passage Comprehension assesses com- and summarized in the following graph enti- positive, ranging from ES=+1.03 in first prehension in context. Students in Spanish tled ‘‘Comparison of Success for All and Con- grades to ES=+1.68 in fourth grade. Again, bilingual programs were given the Spanish trol in Mean Reading Grade Equivalents and cohort-level analyses found statistically sig- versions of these scales. Effect Sizes 1988–1994’’ using a method called nificant differences favoring low achievers in Durrell Analysis of Reading Difficulty.— multi-site replicated experiment (Slavin et Success for All on every measure at every The Durrell Oral Reading scale was also indi- al., 1996a,b; Slavin & Madden, 1993). grade level. vidually administered to students in grades For more details on methods and findings, Roots and Wings 1–3. It presents a series of graded reading see Slavin et al. (1996a,b) and the full site re- A study of Roots and Wings (Slavin, Mad- passages which students read aloud, followed ports. by comprehension questions. den, & Wasik, 1996) was carried out in four Gray Oral Reading Test.—Comprehension Reading Outcomes pilot schools in rural southern Maryland. and passage scores from the Gray Oral Read- The results of the multi-site replicated ex- The Roots and Wings schools serve popu- ing Test were obtained from students in periment evaluating Success for All are sum- lations that are significantly more disadvan- grades 4–5. marized in the following graph entitled taged than state averages. They average 48% Analyses of covariance with pretests as co- ‘‘Comparison of Success for All and Control free and reduced-price lunch eligibility, com- variates were used to compare raw scores in in Mean Reading Grade Equivalents and Ef- pared to 30% for the state; 21% of Roots and September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6877 Wings students are Title I eligible, in com- mentary schools. In 1995, 48.6% of students second year of program implementation parison to 7% for the state. The assessment passed, placing it first in the district. Merrill (ES=+0.53), increasing to an effect size of tracked growth over time on the Maryland Elementary, 27th in the district in 1992 with +0.73 for schools in their fourth implementa- School Performance Assessment Program only 9.5% of students passing, was 12th in tion year. A similar pattern is apparent for (MSPAP), compared to growth in the state 1995 with 22% passing. Over the same period second- and third-grade cohorts. as a whole. The MSPAP is a performance the average for all Flint elementary schools The data summarized in Figure 4 show measure on which students are asked to only increased from 18.3% passing to 19.3%. that while Success for All has an immediate solve complex problems, set up experiments, Ft. Wayne, Indiana—An evaluation in two impact on student reading achievement, this write in various genres, and read extended schools in Ft. Wayne, Indiana (Ross, Smith, impact grows over successive years of imple- text. It uses matrix sampling, which means & Casey, 1995) found positive effects of Suc- mentation. Over time, schools may become that different students take different forms cess for All on the reading comprehension increasingly able to provide effective in- of the test. scale of the ISTEP, Indiana’s norm-ref- struction to all of their students, to ap- In both third- and fifth-grade assessments erenced achievement test. In first grade, the proach the goal of success for all. in all subjects tested (reading, language, effect size was +0.49 for students in general Success for All and English Language Learners writing, math, science, and social studies), and +1.13 for the lowest-performing 25%. In The education of English language learners Roots and Wings students showed substan- second grade, effect sizes were +0.64, and in is at a crossroads. For many years, research- tial growth, as shown in the following third grade, ES=+.13. ers, educators, and policy makers have de- graphs.* Miami, Florida—(Dade County) An evalua- bated questions of the appropriate language The State of Maryland gained in average tion of three Success for All schools (cur- instruction for students who enter elemen- performance on the MSPAP over the same rently becoming Roots and Wings schools) tary school speaking languages other than time period, but the number of Roots and was carried out by Yuwadee Wongbundhit English. Research on this topic has generally Wings students achieving at satisfactory or (1995) of the Dade County Public Schools. In found that students taught to read their excellent increased by more than twice the comparison to three control schools, the home language and then transitioned to Eng- state’s rate on every measure at both grade Success for All schools gained seven percent- lish ultimately become better readers in levels. ile points from grades 1–2 while matched con- English than do students taught to read only trol schools lost five points on the Stanford Effects on District-Administered Standardized in English (Garcia, 1991; Willig, 1985; Wong- Achievement Test (SAT–8). In grades 2.3, Tests Fillmore & Valadez, 1986). More recently, Success for All students gained only one per- The formal evaluations of Success for All however, attention has shifted to another centile point, but controls lost eight. have relied on individually administered as- question. Given that students are taught to Wichita Falls, Texas—Fannin Elementary sessments of reading. The Woodcock and read their home language, how can we ensure School, the highest-poverty school in Wich- Durrell scales used in these assessments are that they succeed in that language? (See, for ita Falls, Texas, began implementation of far more accurate than district-administered example, Garcia, 1994.) There is no reason to Success for All in 1991. Its scores on the 1992 tests, and are much more sensitive to real expect that children failing to read well in Texas Assessments of Academic Skills reading gains. They allow testers to hear Spanish, for example, will later become good (TAAS) showed a dramatic improvement. children actually reading material of in- readers and successful students in English. The percentage of third-graders meeting creasing difficulty and responding to ques- On the contrary, research consistently sup- minimum expectations in reading increased tions about what they have read. The ports the common-sense expectation that the from 48% to 70% (during the same year, the Woodcock and Durrell are themselves na- better students in Spanish bilingual pro- district percentage declined by 3%). Fannin tionally standardized tests, and produce grams read Spanish, the better their English students also increased from 8% to 53% in norms (e.g., percentiles, NCEs and grade reading will be (Garcia, 1991; Hakuta & Gar- the percentage of students meeting mini- equivalents) just like any other standardized cia, 1989). Clearly, the quality of instruction mum expectations in writing. measure. in home-language reading is a key factor in Modesto, California—Two schools in Mo- However, educators often want to know the ultimate school success of English lan- desto, California have been implementing the effects of innovative programs on the guage learners, and must be a focus of re- Success for all since 1991. Each year, their kinds of group administered standardized search on the education of these children. average NCE’s in reading comprehension tests they are usually held accountable for. Francis Scott Key (ESL)— have increased significantly. In 1993, El Vista To obtain this information, we have some- An adaptation of Success for All to the Elementary showed an NCE gain of 10.8; in times requested standardized test data for needs of ESL students was evaluated at grades two and three, the gains were 14.7 and students in experimental and control Philadelphia’s Francis Scott Key Elemen- 13.5, respectfully. Orville Wright Elementary schools, and some districts have done their tary School, a majority-Cambodian school in showed gains averaging 4.6 in grades 2–3. On own evaluations on their own measures. The which virtually all children are in poverty. the Spanish Aprenda, Orville Wright stu- following sections briefly summarize find- Francis Scott Key was evaluated in compari- dents using the Lee Conmigo program gained ings from these types of evaluations. son to a similar Philadelphia elementary 9.5 NCEs. On the CLAS, California’s experi- Baltimore, Maryland—Through the 1992–93 school. school year we collected CTBS scores for our mental performance measure, both schools Results: Asian Students—Success for All five Success for All and control schools. On significantly exceeded their matched com- Asian students in grades 3–5, most of whom average, Success for All schools exceeded parison group in 1993. Principals report that had been in the program since kindergarten, control schools at every grade level. The dif- among students who have remained in the performed far better than control students. ferences were statistically and educationally program since first grade, no third graders Differences between Success for All and con- significant. By fifth grade, Success for All are reading below grade level. trol students were statistically significant Charleston, West Virginia— Chandler Ele- students were performing 75% of a grade on every measure at every grade level mentary School began implementing Success equivalent ahead of controls (ES=+0.45) on (p<.001). Median grade equivalents and effect for All in 1990. In the two years before the CTBS Total Reading scores (see Slavin, Mad- sizes were computed across the three program was introduced, the school averaged den, Dolan, Wasik, Ross, & Smith, 1994). Woodcock scales. On average, Success for All an NCE score of 34. This increased to 43 in Memphis, Tennessee—A longitudinal eval- Asian students exceeded control students in the first year after implementation and to 54 uation of three Memphis Success for All reading grade equivalents by almost three by the third year. schools (now becoming Roots and Wings years in third grade (median ES=+1.76), more schools) by Ross, Smith, & Casey (1995) in- Changes in Effect Sizes over Years of Implemen- than 2 years in fourth grade (median cluded an assessment of program effects on tation ES=+1.46), and about three years in fifth the Tennessee Comprehensive Assessment One interesting trend in outcomes from grade (median ES=+1.44). Success for All Program’s (TCAP) Vocabulary and Reading comparisons of Success for All and control Asian students were reading more than a full Comprehension tests. On average, the three schools relates to changes in effect sizes ac- year above grade level in grade 3 and more Success for All schools exceeded the three cording to the number of years a school has than a half-year above in fourth and fifth controls by an effect size of +0.38 in first been implementing the program. Figure 4, grade, while similar control students were grade and +0.45 in second grade. Again, these which summarizes these data, was created by reading more than a year below grade level effects are educationally and statistically pooling effect sizes for all cohorts in their at all three grade levels. significant. first year of implementation, all in their sec- Results: Non-Asian Students. Outcomes of Flint, Michigan—Two schools in Flint, ond year, and so on, regardless of calendar Success for All non-Asian students were also Michigan began implementation of Success year. very positive in grades 3–5. Experimental- for All in 1992. The percentage of students Figure 4 shows that mean reading effect control differences were statistically signifi- passing the Michigan Educational Assess- sizes progressively increase with each year of cant (p<.05 or better) on every measure at ment Program (MEAP) in reading at fourth implementation. For example, Success for every level. Effect sizes were somewhat grade has increased dramatically. Homedale All first-graders score substantially better smaller than for Asian students, but were Elementary had a pass rate of 2% in 1992, than control first-graders at the end of the still quite substantial, average +1.00 in placing it last among the district’s 32 ele- first year of implementation (ES=+0.49). The grade, +0.96 in grade 4, and +0.78 in grade 5. experimental-control difference is even high- Success for All students averaged almost two * Graphs were not reproduced. er for first graders attending schools in the years above grade level in third grade, more H6878 CONGRESSIONAL RECORD — HOUSE September 4, 1997 than a year above grade level in fourth for All, Reading Recovery provides one-to- conclusion. Success for All, which affects all grade, and about eight months above grade one tutoring to first graders who are strug- students, has positive effects on all students. level in fifth grade; at all grade levels, Suc- gling in reading. Research on Reading Recov- Reading Recovery focuses on tutoring and cess for All averaged about 2.5 years higher ery has found substantial positive effects of therefore produces its effects only on tutored than control students. the program as of the end of first grade, and students. These results suggest that Success Fairhill (Bilingual)—The bilingual version longitudinal studies have found that some for All may be most appropriate in schools of Success for All, Lee Conmigo, was first portion of these effects maintain at least serving many at-risk students, while Read- implemented at Fairhill Elementary School, through fourth grade (DeFord, Pinnell, ing Recovery may be more practical when a school in inner-city Philadelphia. Fairhill Lyons & Young, 1988; Pinnell, Lyons, the number of students at risk of reading serves a student body of 694 students of DeFord, Bryk, & Seltzer, 1991). failure is small. Some schools have merged whom 78% are Hispanic and 22% are African- Schools and districts attracted to Success the two programs, combining the breadth American. A matched comparison school was for All are also often attracted to Reading and comprehensiveness of Success for All also selected. Nearly all students in both Recovery, as the two programs share an em- with the outstanding professional develop- schools qualified for free lunches. Both phasis on early intervention and a strong re- ment for tutors provided by Reading Recov- schools were Title I schoolwide projects, search base. Increasing numbers of districts ery. Such mergers of Success for All and have both programs in operation in different which means that both had high (and rough- Reading Recovery are being started in about schools. One of the districts in the Success ly equivalent) allocations of Title I funds a dozen schools located around the United for All evaluation, Caldwell, Idaho, happened that they could use flexibly to meet student States. to be one of these. Ross, Smith, Casey, & needs. Slavin (1995) used this opportunity to com- Success for All and Special Education Results: All students defined by district pare the two programs. Perhaps the most important goal of Suc- criteria as limited English proficient at In Caldwell, two schools are using Success cess for All is to place a floor under the read- Fairhill and its control school were pretested for All and one is using Reading Recovery. ing achievement of all children, to ensure at the beginning of first grade on the Span- All three are very similar rural schools with that every child performs adequately in this ish Peabody Picture Vocabulary Test similar ethnic make-ups (10–25% Hispanic, critical skill. This goal has major implica- (PPVT). Each following May, these students with the remainder Anglo), proportions of tions for special education. If the program were tested by native language speakers on students qualifying for free lunch (45–60%), makes a substantial difference in the reading three scales of the Spanish Woodcock. and sizes (411–451). The Success for All achievement of the lowest achievers, then it ANCOVAs controlling for pretests showed schools were somewhat higher than the should reduce special education referrals and that at the end of grade 2 Success for All stu- Reading Recovery school in poverty and per- placements. Further, students who have dents scored substantially higher than con- cent Hispanic. In 1992–93, one of the Success IEPs indicating learning disabilities or relat- trol on every measure (p<.01 or better). Con- for All schools was in its second year of im- ed problems are typically treated the same trol second-graders scored far below grade plementation and the other was a new school as other students in Success for All. That is, level on all three scales. In contrast, Fairhill that was in its first year (but had moved a they receive tutoring if they need it, partici- students averaged near grade level on all principal and some experienced staff reas- pate in reading classes appropriate to their measures. Effect sizes on all measures were signed from the first school). Reading Recov- reading levels, and spend the rest of the day substantial. Fairhill students exceeded con- ery was in its second year of implementa- in age-appropriate, heterogeneous home- trol by 1.8 standard deviations on Letter- tion. rooms. Their tutor and/or reading teacher is Word Identification, 2.2 on Word Attack, and The study compared first-graders in the likely to be a special education teacher, but 1.3 on Passage Comprehension. Fremont (Bi- three schools. Figure 6 summarizes the re- otherwise they are not treated differently. lingual), Wright (Bilingual) and El Vista sults. As is clear from the figure, students in The philosophy behind that treatment of (ESL). the Success for All schools performed some- special education issues in Success for All is Data from first-graders in three California what better than students in the Reading Re- called ‘‘neverstreaming’’ (Slavin et al. 1991). Success for All schools were analyzed to- covery school overall (ES=+.17). Differences That is, rather than waiting until students gether by Dianda and Flaherty (1995), pool- for special education students were substan- fall far behind, are assigned to special edu- ing data across schools in four categories: tial, averaging an effect size of +.77. Special cation, and then may be mainstreamed into English-dominant students, Spanish-domi- education students were not tutored in the regular classes, Success for All schools inter- nant students taught in Spanish (Lee Reading Recovery school and were primarily vene early and intensively with students who Conmigo in Success for All schools), Span- taught in a separate resource room. These are at risk to try to keep them out of the ish-dominant students taught in English students scored near the floor on all tests. In special education system. Once students are (‘‘sheltered students’’), and speakers of lan- contrast, Success for All special education far behind, special education services are un- guages other than English or Spanish taught students were fully mainstreamed and did re- likely to catch them up to age-appropriate in English. The pooled results are summa- ceive tutoring, and their reading scores, levels of performance. Students who have al- rized in Figure 5. though still low, showed them to be on the ready failed in reading are likely to have an As is clear in Figure 5, all categories of way toward success in reading. overlay of anxiety, poor motivation, poor be- Success for All students scored substantially Excluding the special education students, havior, low self-esteem, and ineffective better than control students. The differences there were no differences in reading perform- learning strategies that are likely to inter- were greatest, however, for Spanish-domi- ance between tutored students in the Suc- fere with learning no matter how good spe- nated students taught in bilingual classes cess for All and Reading Recovery schools cial education services may be. Ensuring (ES=+1.03) and those taught in sheltered (ES=.00). In light of earlier research, these that all students succeed in the first place is English programs (ES=+1.02). The bilingual outcomes suggest that both tutoring pro- a far better strategy if it can be accom- students scored at grade level, and more grams are highly effective for at-risk first plished. In Success for All, the provision of than six months ahead of controls. The shel- graders. research-based preschool, kindergarten, and tered students scored about two months A second comparison of Success for All and first grade reading, one-to-one tutoring, and below grade level, but were still four months Reading Recovery was carried out by Ross, family support services are likely to give the ahead of their controls. Both English-speak- Nunnery, & Smith (1996) in the Amphi- most at-risk students a good chance of devel- ing students and speakers of languages other theater School District of Tucson, Arizona. oping enough reading skills to remain out of than English or Spanish scored above grade Three high-poverty schools (about 25% Mexi- special education, or to perform better in level and about two months ahead of their can American students) were compared. One special education than would have otherwise controls. The effects of Success for All on used Success for All, one used Reading Re- been the case. the achievement of English language learn- covery with a whole-language curriculum, That data relating to special education ers are substantially positive. Across three and a control school used a whole-language outcomes clearly support these expectations. schools implementing Lee Conmigo, the approach without tutoring. Several studies have focused on questions re- Spanish curriculum used in bilingual Suc- In this study, tutored as well as non-tu- lated to special education. One of the most cess for All schools, the average effect size tored first-graders scored substantially high- important outcomes in this area is the con- for first-graders on Spanish assessments was er in Success for All than in Reading Recov- sistent finding of particularly large effects of +0.88; for second-graders (at Philadelphia’s ery. For tutored students the difference Success for All for students in the lowest Fairhill Elementary) the average effect size averaged an effect size of 1.08, with mean 25% of their classes. While effect sizes for was +1.77. For students in sheltered English grade equivalents of 1.85 for tutored students students in general have averaged around instruction, effect sizes for all comparisons in Success for All, 1.20 for Reading Recovery +0.50 on individually administered reading were also very positive, especially for Cam- students. For all students, Success for All measures, effect sizes for the lowest bodian students in Philadelphia and Mexi- students had an average grade equivalent of achievers have averaged in the range of +1.00 can-American students in California. 2.18, the Reading Recovery school 1.73, and the control school 1.80, with mean effect to +1.50 across the grades. Across five Balti- Comparing Success for All and Reading Recov- sizes of +.68 comparing Success for All and more schools, only 2.2% of third-graders ery the Reading Recovery school and +.39 com- averaged two years behind grade level, a Reading Recovery is one of the most exten- paring Success for All and control. usual criterion for special education place- sively researched and widely used innova- The comparison of Success for All and ment. In contrast, 8.8% of control third-grad- tions in elementary education. Like /Success Reading Recovery supports a common-sense ers scored this poorly. Baltimore data have September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6879 also shown a reduction in special education state performance assessments are further ments, accountability, standards, and legis- placements for learning disabilities of about evidence of the broad impact of these pro- lation can facilitate the implementation of half (Slavin et al., 1992). A study of two Suc- grams. Success for All, Roots and Wings, and other cess for All schools in Ft. Wayne, Indiana An important indicator of the robustness school reform programs. However, we must found that over a two year period 3.2% of of Success for All is the fact of the more also have methods known not only to be ef- Success for All students in grades K–1 and 1– than 300 schools that have used the program fective in their original sites, but also to be 2 were referred to special education for for periods of 1–8 years, only eight have replicable and effective in other sites. The learning disabilities or mild mental handi- dropped out (in all cases because of changes evaluations presented in this report provide caps. In contrast, 14.3% of control students of principals). Many other Success for All a practical demonstration of the effective- were referred in these categories (Smith, schools have survived changes of super- ness and replicability of one such program. Ross, & Casey, 1994). intendents, principals, facilitators, and other REFERENCES Taken together, these findings support the key staff, major cuts in funding, and other Berman, P., & McLaughlin, M. (1978). Federal pro- conclusion that Success for All both reduces serious threats to program maintenance. grams supporting educational change: A model of the need for special education services (by The research summarized here dem- education change, Vol. VIII: Implementing and sus- raising the reading achievement of very low onstrates that comprehensive, systemic taining innovations. Santa Monica, CA: Rand. achievers) and reduces special education re- school-by-school change can take place on a Comer, J. (1988). Educating poor minority chil- broad scale in a way that maintains the in- dren. Scientific American, 259, 42–48. ferrals and placements. DeFord, D.E., Pinnell, G.S., Lyons, C.A., & Young, Another important question concerns the tegrity and effectiveness of the model. The 23 schools in nine districts that we are studying P. (1987). Ohio’s Reading Recovery program: Vol. effects of the program on students who have VII, Report of the follow-up studies. Columbus, OH: already been assigned to special education. in depth are typical of the larger set of Ohio State University. Here again, there is evidence from different schools currently using Success for All and Dianda, M.R., & Flaherty, J.F. (April 1995). Effects sources. In the Ross et al. (1995) study com- Roots and Wings in terms of quality of im- of Success for All on the reading achievement of paring Reading Recovery and Success for All plementation, resources, demographic char- first graders in California bilingual programs. Paper acteristics, and other factors. Program out- presented at the annual meeting of the American described above, it so happened that first- Educational Research Association, San Francisco. graders in special education in the Reading comes are not limited to the original home of the program; in fact, outcomes tend to be Dianda, M.R., Madden, N.A., & Slavin, R.E. (1993, Recovery group were not tutored, but in- April). Lee Conmigo: Success for All in schools serv- stead received traditional special education somewhat better outside of Baltimore. The ing limited English proficient students. Paper pre- services in resource rooms. In the Success widely held idea based on the Rand study of sented at the annual meeting of the American Edu- for All schools, first-graders who had been innovation (Berman & McLaughlin, 1978; cational Research Association, Atlanta. Garcia, E.E. (1991). Bilingualism, second language assigned to special education were tutored McLaughlin, 1990) that comprehensive school reform must be invented by school staffs acquisition, and the education of Chicano language one-to-one (by their special education teach- themselves is certainly not supported in re- minority students. In R.R. Valencia (Ed.), Chicano ers) and otherwise participated in the pro- search on Success for All or Roots and school failure and success: Research and policy gram in the same way as all other students. agendas for the 1990’s. New York: Falmer. Wings. While the program is adapted to meet As noted earlier (recall Figure 6), special Garica, E.E. (1994, April). The impact of linguistic the needs of each school, and while school education students in Success for All were and cultural diversity on America’s schools: A need staffs must agree to implement the program for new policy. Paper presented at the annual meet- reading substantially better (ES=+.77) than by a vote of 80 percent or more, Success for ing of the American Educational Research Associa- special education students in the comparison All and Roots and Wings are externally de- tion, New Orleans. school. In addition, Smith et al. (1994) com- veloped programs with specific materials, GAO, 1994. Limited English proficiency: A growing bined first grade reading data from special and costly educational challenge facing many school manuals, and structures. The observation education students in Success for All and districts. Washington, DC: United States General that these programs can be implemented and control schools in four districts: Memphis, Accounting Office. maintained over considerable time periods ´ Ft. Wayne, Indiana, Montgomery, Alabama, Hertz-Lazarowitz, R., Ivory, G., & Calderon, M. and can be effective in each of their replica- (1993). The Bilingual Cooperative Integrated Reading and Caldwell, Idaho). Success for All special tion sites certainly supports the idea that and Composition (BCIRC) project in the Ysleta Inde- education students scored substantially bet- every school staff need not reinvent the pendent School District: Standardized test out- ter than controls (mean ES=+.59). comes. Baltimore, MD: Johns Hopkins University, wheel. CONCLUSION Center for Research on Effective Schooling for Dis- There is nothing magic about Success for advantaged Students. The results of evaluations of twenty-three All or Roots and Wings. None of their compo- Horwitz, R.I. (1987). Complexity and contradiction Success for All schools in nine districts in nents are completely new or unique. Obvi- in clinical trial research. American Journal of Medi- eight states clearly show that the program ously, schools serving disadvantaged stu- cine, 82, 498–510. increases student reading performance. In dents can have great success without a spe- Levin, H.M. (1987). Accelerated schools for dis- every district, Success for All students cial program if they have an outstanding advantaged students. Educational Leadership, 44 (6), learned significantly more than matched 19–21. staff, and other prevention/early interven- Madden, N.A., Slavin, R.E., Karweit, N.L., Dolan, control students. Significant effects were not tion models, such as Reading Recovery L.J., & Wasik, B.A. (1993). Success for All: Longitu- seen on every measure at every grade level, (Pinnell, 1989) and the School Development dinal effects of a restructuring program for inner- but the consistent direction and magnitude Program (Comer, 1988) also have evidence of city elementary schools. American Educational Re- of the effects show unequivocal benefits for effectiveness with disadvantaged children. search Journal, 30, 123–148. Success for All students. Effects on district- The main importance of the research on Suc- Matt, G.E., & Cook, T.D. (1994). Threats to the va- administered standardized tests reinforce lidity of research and syntheses. In H. Cooper & L.V. cess for All and Roots and Wings is not in Hedges (Eds.), The handbook of research synthesis the findings of the studies using individually validating a particular model or in dem- (pp. 503–520). New York: Russell Sage. administered tests. This report also adds evi- onstrating that disadvantaged students can McLaughlin, M.W. (1990). The Rand change agent dence showing particularly large impacts on learn. Rather, its greatest importance is in study revisited: Macro perspectives and micro reali- the achievement of limited English pro- demonstrating that success for disadvan- ties. Educational Researcher, 19(9), 11–16. ficient students in both bilingual and ESL taged students can be routinely ensured in Pinnell, G.S. (1989). Reading Recovery: Helping at- programs, and on both reducing special edu- schools that are not exceptional or extraor- risk children learn to read: Elementary School Jour- nal, 90, 161–182. cation referrals and improving the achieve- dinary (and were not producing great success Pinnell, G.S., Lyons, C.A., DeFord, D.E., Bryk, ment of students who have been assigned to before the program was introduced). We can- A.S., & Seltzer, M. (1994). Comparing instructional special education. It compares the outcomes not ensure that every school has a char- models for the literacy education of high risk first of Success for All with those of another early ismatic principal or every student has a graders. Reading Research Quarterly, 29, 8–38. intervention program, Reading Recovery. It charismatic teacher. Nevertheless, we can Pinnell, G.S., Lyons, C.A., DeFord, D.E., Bryk, also summarizes outcomes of Roots and ensure that every child, regardless of family A.S., & Seltzer, M. (1991). Studying the effectiveness of early intervention approaches for first grade chil- Wings, the next stage in the development of background, has an opportunity to succeed dren having difficulty in reading. Columbus, OH: Success for All. in school. Ohio State University, Martha L. King Language The Success for All evaluations have used The demonstration that an effective pro- and Literacy Center. reliable and valid measures, individually ad- gram can be replicated and can be effective Ross, S.M., Nunnery, J., & Smith, L. (1996). Eval- ministered tests that are sensitive to all as- in its replication sites removes one more ex- uation of Title I reading programs: Amphitheater pects of reading—comprehension, fluency, cuse for the continuing low achievement of Public Schools. Year 1: 1995–96. Memphis: University word attack, and word identification. Per- disadvantaged children. In order to ensure of Memphis, Center for Research in Educational Pol- icy. formance of Success for All students has the success of disadvantaged students we Ross, S.M., Smith, L.J., Casey, J., Johnson, B., & been compared to that of matched students must have the political commitment to do Bond, C. (1994, April). Using ‘‘Success for All’’ to re- in matched control schools, who provide the so, with the funds and policies to back up structure elementary schools: A tale of four cities. best indication of what students without the this commitment. Success for All and Roots Paper presented at the annual meeting of the Amer- program would have achieved. Replication of and Wings do require a serious commitment ican Educational Research Association, New Orle- high-quality experiments in such a wide va- to restructure elementary schools and to re- ans. Ross, S.M., Smith, L.J., Casey, J., & Slavin, R.E. riety of schools and districts is extremely configure uses of Title I, special education, (1995). Increasing the academic success of disadvan- unusual. The equally consistent and dra- and other funds to emphasize prevention and taged children: An examination of alternative early matic impact of Success for All and Roots early intervention rather than remediation. intervention programs. American Educational Re- and Wings on district standardized tests and These and other systemic changes in assess- search Journal, 32, 773–800. H6880 CONGRESSIONAL RECORD — HOUSE September 4, 1997 Sizer, T. (1984). Horace’s compromise: The di- Wongbundhit, Y. (1995). Evaluation of Success for they will provide these start-up grants. lemma of the American high school. Boston: Hough- All in the Dade County Public Schools. Miami: Dade ton Mifflin. County Public Schools. That will simply enable local schools Slavin, R.E. (1986) Best-evidence synthesis: An al- Wong-Fillmore, L., & Valadez, C. (1986). Teaching to put together whatever program is ternative to meta-analytic and traditional reviews. bilingual learners. In M.C. Wittrock (Ed.), Handbook agreed to at the local level to reform Education Researcher, 15(9), 5–11. of research on teaching (3rd Ed.). New York: Mac- their schools. Slavin, R.E. (1987). Ability grouping and student millan. b achievement in elementary schools: A best-evidence Mr. MILLER of California. Mr. Chair- 1900 synthesis. Review of Educational Research, 57, 347– 350. man, I move to strike the requisite We have people in this Congress who Slavin, R.E. (1994). School and classroom organiza- number of words, and I yield to the do not like Goals 2000. We have people tion in beginning reading: Class size, aides, and in- gentleman from Wisconsin [Mr. OBEY]. in this Congress who do not like test- structional grouping. In R.E. Slavin, N.L. Karweit, Mr. OBEY. Mr. Chairman, I thank ing. What we are saying is, ‘‘All right, B.A. Wasik, & N.A. Madden (Eds.), Preventing early school failure: Research on effective strategies. Bos- the gentleman for yielding to me. if you don’t like that, let’s find some ton, MA: Allyn & Bacon. Let me simply say that this debate is other way to encourage school reforms Slavin, R.E. (1995). Cooperative learning: Theory, supposed to be on the Evans amend- without Washington itself dictating research, and practice (2nd Ed.). Boston, MA: Allyn what those reforms are going to be.’’ I & Bacon. ment. We have already accepted the Slavin, R.E., Karweit, N.L., & Wasik, B.A. (1992/93). amendment on both sides. There is ob- doubt very much that we would have Preventing early school failure: What works? Edu- viously a little filibuster going on here. the Fortune 500 corporate leaders who cational Leadership, 50(4), 10–18. As long as there is, let me correct some have encouraged this approach, I doubt Slavin, R.E., Karweit, N.L., & Wasik, B.A. (1994). very much that we would find any of Preventing early school failure: Research on effec- of the misstatements that have been tive strategies. Boston, MA: Allyn & Bacon. made on the House floor. them in favor of any approach being Slavin, R.E., & Madden, N.A. (1993, April). Multi- With respect to the school reform ini- imposed from Washington. What we are site replicated experiments: An application to Suc- tiative contained in this bill, this is simply trying to do is to assist local cess for All. Paper presented at the annual meeting school districts, who often do not have of the American Educational Research Association, the exact opposite of control from Atlanta. Washington. What this bill attempts to the money available, to step back and Slavin, R.E., & Madden, N.A. (1994). Implementing do is to recognize that a whole group of reexamine their operations from top to Success for All in the Philadelphia Public Schools American businessmen have tried to bottom. We are simply trying to offer (Final report to the Pew Charitable Trusts). Balti- them some assistance. more, MD: Johns Hopkins University, Center for Re- figure out what it is that makes search on Effective Schooling for Disadvantaged schools work and what does not make We have had 20 years of research in Students. them work. So instead of following this field. It is about time, it seems to Slavin, R.E. & Madden, N.A. (1995, April). Effects their own individual political philoso- me, that we start applying the results of Success for All on the Achievement of English of that research. We spend billions of language learners. Paper presented at the annual phy, they simply examined all of the meeting of the American Educational Research As- research around the country to see dollars on title I trying to deal with sociation, San Francisco. what had been proven to improve stu- the problems of individual children, Slavin, R.E., Madden, N.A. Karweit, N.L., Dolan, dent performance and what had not. but we often approach that without L., & Wasik, B.A. (1992). Success for All: A relentless having an atmosphere that is condu- approach to prevention and early intervention in el- And they simply came to the conclu- ementary schools. Arlington, VA: Educational Re- sion that there were roughly seven dif- cive to learning in the very schools search Service. ferent models which helped to achieve where we are trying to improve indi- Slavin, R.E., Madden, N.A., Karweit, N.L. Dolan, much greater student performance. vidual child performance. And so this L., & Wasik, B.A. (1996b). Every child, every school: is simply an effort to allow local people Success for All. Newbury Park, CA: Corwin. The fact is that there are, in addition Slavin, R.E., Madden, N.A., Karweit, N.L., Dolan, to a New American Schools Movement, to design whatever approach they want L., Wasik, B.A., Ross, S.M., & Smith, L.J. (1994) there are a broad number of other ef- to take and get a little money to get ‘‘Whenever and wherever we choose . . . .:’’ The rep- some outside help, if they want it, to lication of Success for All. Phi Delta Kappan, 75(8), forts around the country to try to de- 639–647. termine what works to improve put together a program that works. Slavin, R.E. Madden, N.A., Karweit, N.L., Dolan, schools. A number of Members have That is all it is, and I would urge the L., Wasik, B.A., Ross, S.M., & Smith, L.J. (1994, said, Gee, if school districts want to Members if they are going to oppose April). Success for All: Longitudinal effects of sys- this program to at least understand temic school-by-school reform in seven districts. apply for this money, they have to fit Paper presented at the annual meeting of the Amer- into one of these molds or they cannot what it is they are opposing. ican Educational Research Association, New Orle- get the money.’’ That is absolutely not The CHAIRMAN. The time of the ans. gentleman from California [Mr. MIL- Slavin, R.E., Madden, N.A., Karweit, N.L., Dolan, the case. LER] has expired. L., Wasik, B.A., Ross, S.M., Smith, L.J. & Dianda, What this legislation says is simply (By unanimous consent, Mr. MILLER M. (1996a). Success for All: A summary of research. that we are making money available Journal of Education for Students Placed at Risk, 1 of California was allowed to proceed for not to the Washington bureaucrats, but (1), 41–76. 5 additional minutes.) Slavin, R.E., Madden, N.A., Karweit, N.L., Dolan, we are making money available pri- Mr. MILLER of California. I continue L. Wasik, B.A., Shaw, A., Mainzer, K.L., & Haxby B. marily to the State chief school offi- to yield to the gentleman from Wiscon- (1991). Neverstreaming: Prevention and early inter- cers, and they will simply receive ap- vention as alternatives to special education. Journal sin. of Learning Disabilities, 24, 373–378. plications from school districts that Mr. OBEY. I thank the gentleman. Slavin, R.E., Madden, N.A., & Stevens, R.J. (1989/ want to get a little extra seed money Mr. Chairman, I really do not want 90). Cooperative learning models for the 3 Rs. Edu- to try to figure out how to improve the cational Leadership, 47 (4), 22-28. to say anything more than that. There Slavin, R.E., Madden, N.A., & Wasik, B.A. (1996). operation and organization of their are evidently some Members of the Roots and Wings. In S. Stringfield S. Ross, & L. local schools. House who would prefer to create an Smith (Eds.), Bold plans for school restructuring: If they are not interested in doing it, argument for whatever reason they The New American Schools Designs. Hillsdale, NJ: they do not have to apply. If they are Erlbaum. have. But to suggest that this is a Slavin, R.E., & Yampolsky, R. (1991). Effects of interested in applying, they do not model that imposes a solution on local Success for All on students with limited English have to follow anybody’s single model. schools is exactly the reverse from proficiency: A three-year evaluation. Baltimore, They do not have to follow the model MD: Johns Hopkins University, Center for Research what it in fact is, and I doubt very on Effective Schooling for Disadvantaged Students. of the Little Red Schoolhouse. They do much that we would find either the Smith, L.J., Ross, S.M., & Casey, J.P. (1994). Spe- not have to follow Professor Comer’s gentleman from Illinois [Mr. PORTER] cial education analyses for Success for All in four model or anybody else’s. These are sim- or me supporting anything which re- cities. Memphis, TN: University of Memphis, Center ply seven illustrative models which the for Research in Educational Policy. quired local districts to produce any- Stevens, R.J., Madden, N.A., Slavin, R.E., & New American Schools Movement feels thing but what they wanted to produce Farnish, A.M. (1987). Cooperative Integrated Reading merit a look-see. But there are many in order to improve their own local and Composition: Two field experiments. Reading others around the country, and if Research Quarterly, 22, 433-454. schools. Wasik, B.A., & Slavin, R.E. (1993). Preventing schools want to add their own wrin- Mr. SHADEGG. Mr. Chairman, will early reading failure with one-to-one tutoring: A re- kles, they are perfectly free to do so. the gentleman yield? view of five programs. Reading Research Quarterly, In the end, State superintendents of Mr. MILLER of California. I yield to 28, 178-200. public instruction will simply deter- Willig, A.C. (1985). A meta-analysis of selected the gentleman from Arizona. studies on the effectiveness of bilingual education. mine which grants seem to have the Mr. SHADEGG. Mr. Chairman, I am Review of Educational Research, 55, 269-317. best chance to demonstrate success and not interested in an argument on the September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6881 issue. I am interested in the policy be- taught, and there is nothing whatso- The CHAIRMAN. The gentleman hind it. Perhaps I am misreading either ever wrong with that. One percent of from Illinois [Mr. PORTER] may restate the bill’s language or the bill report. schools in the country have already his request. But let me tell the gentleman what worked through the New American Mr. PORTER. Mr. Chairman, I ask they say. Because lots of times we have Schools model. There are other schools unanimous consent to strike the req- these general debates where we talk in pursuing other models, and that is fine uisite number of words. great banal generalities but we never with me. The CHAIRMAN. Is there objection get down to the specifics. His propo- Mr. MILLER of California. Mr. Chair- to the request of the gentleman from sition is that this language does not man, if I might reclaim my time, I Illinois? mandate any specific type of school re- would like to join this debate and say There was no objection. form. I think the gentleman from Wisconsin Mr. PORTER. Mr. Chairman, I would Mr. OBEY. Mr. Chairman, that is ab- is quite correct. If we are going to ask the gentleman from Wisconsin if I solutely correct. spend $150 million of the public’s am correct, that the mechanism by Mr. SHADEGG. That may be his in- money, we have some obligation to which this works is that the funds are tent, but that is in fact not what either spend it in that area where we have made available from the Secretary of the bill or the report says. If I might some evidence that it will be an effec- Education to State education agencies. just quote from the bill and the report, tive expenditure of the moneys. These That would be the State Department of we will talk about why I believe what kinds of reforms that are suggested in Education, let us say. No State has to he is doing is exactly that, mandating this legislation are those reforms that apply for these funds. They can decide from Washington DC the specific kind have years of research and demonstra- they do not want anything to do with this program and not apply. If they do of reform which will be acceptable. By tion behind them as to their effective- apply, then they are granted funds and the way, he says it is important that ness. There may be districts that want then the State parcels these funds out we go forward with school reform. I to reform in some other manner. Fine. to the school districts that apply to will tell the gentleman school reform Go ahead. But for those who believe, them. is going forward in Arizona. because this is not a matter of a dem- Mr. OBEY. If the gentleman will Mr. OBEY. If the gentleman does not onstration. There are hundreds of yield, the gentleman is correct. have a question, I would like to take school districts and hundreds of Mr. PORTER. On a competitive basis. back the time. schools that are engaging in one or an- Then the school district can then de- Mr. SHADEGG. I have a question. other of these programs, a total of cide what type of reform they wish to Mr. OBEY. What is it? thousands, where local communities, engage in and who they wish to hire to Mr. SHADEGG. I will tell the gen- local school boards, local school ad- give them advice and counsel in that tleman that school reform is going for- ministrators have initiated the effort reform; is that correct? ward aggressively in Arizona. On page and are reaping the benefits. If you Mr. OBEY. The gentleman is correct. 65 of the bill, it says quite specifically want to do something else, you can do Mr. PORTER. From this Repub- at lines 21 through 23, ‘‘$150 million something else. lican’s perspective, this is exactly the shall be available under section The CHAIRMAN. The time of the kind of thing that we need to have in 1002(g)(2) to demonstrate effective ap- gentleman from California [Mr. MIL- the public schools that I see problems proaches to whole school reform.’’ LER] has again expired. in, where we have entrenched bureauc- Whole school reform is a term of art. Mr. MILLER of California. Mr. Chair- racies, often teachers unions, I have to We look then to the report and the re- man, I ask unanimous consent to pro- say, sometimes entrenched administra- port repeats that same language twice. ceed for 5 additional minutes. tors, people that are incompetent that At two different points it says, this The CHAIRMAN. Is there objection we cannot get rid of, things that we money is to be appropriated, actually to the request of the gentleman from need to address in a broad way to make it is a total of $200 million, for whole California? the school work better. It seems to me school reform initiatives. Mr. MANZULLO. Mr. Chairman, I ob- that this is exactly the kind of pro- He says whole school reform initia- ject. gram that will help the inner city The CHAIRMAN. Objection is heard. tives let them do anything they want. schools that need the most help to Mr. MILLER of California. We yield Yet they do not. push away all of that dead weight and time to you and then you object to cut Mr. MILLER of California. Mr. Chair- get on with a program that works for off the debate on a subject that you say man, if I can reclaim my time, if I their kids. is terribly important. might, and let the gentleman respond I believe very frankly that this will Mr. MANZULLO. I do not want to cut to the gentleman. work extremely well from my philo- Mr. OBEY. Let me simply say, the it off. The CHAIRMAN. The gentlemen will sophical and I think the philosophical gentleman can define whole school re- standpoint of the gentleman from Ari- form any way he wants. So can any suspend. Mr. MILLER of California. Is the zona as well. This does not impose any- local school district. gentleman objecting to my using the thing on the States. It does not impose Mr. SHADEGG. Then the gentleman time? I was yielding to the gentleman anything on the school districts. It al- has no objection to striking the words from Wisconsin [Mr. OBEY] and the lows the school districts to make their ‘‘whole school reform’’? gentleman from Arizona [Mr. SHADEGG] own decisions as to how they want to Mr. OBEY. We have not yielded. I so they could carry on, and I would just reform, and it seems to me it gives would like to point out to the gen- like to have the debate. them every opportunity to do so. This tleman that I doubt that the Parent- The CHAIRMAN. The gentleman money is money that would otherwise Teachers Association of America, I from California will suspend. be spent, in my judgment, on a pro- doubt that the School Boards Associa- Mr. PORTER. Mr. Chairman, I ask gram that does not work well, title I. tion of America, I doubt that the unanimous consent to proceed for 5 It simply throws money at inner city School Administrators Association of minutes. schools without any real guidance as to America, I doubt that the title I ad- The CHAIRMAN. Is there objection how they use it and it is often used in ministrators in the various 50 States, I to the request of the gentleman from ways that do not give a better oppor- doubt that the chief school officers of Illinois? tunity to the kids. So I think it is good the 50 States would endorse a propo- Mr. MANZULLO. Mr. Chairman, I ob- reform. sition which mandates on them re- ject. Mr. OBEY. Mr. Chairman, will the quirements from Washington. They are The CHAIRMAN. Objection is heard. gentleman yield? supporting this because they believe Mr. PORTER. Mr. Chairman, I move Mr. PORTER. I yield to the gen- this is the best way to make title I to strike the last word. tleman from Wisconsin. work. They believe that schools need Mr. MANZULLO. Mr. Chairman, I Mr. OBEY. Let me speak very frank- the opportunity to review the way they withdraw my objection to the request ly about this. I have had some consid- are administered, the way teachers are of the gentleman from Illinois for erable difference with my own adminis- trained and the way children are unanimous consent. tration on the issue of testing, as has H6882 CONGRESSIONAL RECORD — HOUSE September 4, 1997 the gentleman from Pennsylvania [Mr. (By unanimous consent, [Mr. PORTER] had the kind of money that my school GOODLING], on the issue of Goals 2000. was allowed to proceed for 2 additional districts had, that would be a fine con- There is great debate about the value minutes.) cept. of either of those programs. I do not Mr. PORTER. Mr. Chairman, re- b 1915 know whether Goals 2000 is going to claiming my time, what I hear this turn out to be worth much or not, and gentleman saying and what the gen- We are dealing with school districts I do not know whether their testing tleman from Indiana seemed to say that are being provided a great deal of program is going to turn out to be earlier was that what you want the their tax money through title I that is worth much or not. What we have been Federal Government to do is through basically unaccountable, and we are trying to do is to find some way to en- taxation to raise the funds and then saying that we want to encourage them courage school reform on a neutral simply pass it to the local school dis- because they are producing students basis so that we can help local schools tricts to spend as they wish. that are not achieving at the level of develop their own ideas, to have the Mr. SHADEGG. It is called block the rest of the country, we want to en- time to think through what it is they grants. courage them to really reform their want to do to improve teacher perform- Mr. PORTER. We went through that schools to give these kids a real ance with only one requirement: that debate earlier with revenue sharing, chance. they agree afterward to have that ap- and pretty much I think the country Mr. SHADEGG. I am not objecting to proach evaluated so that we can deter- decided that it was the most irrespon- giving them the money, I support giv- mine which approaches really produce sible thing you could possibly ever do, ing the money, but I do not support results and which ones do not. Because to raise tax moneys at one level of gov- adding the strings which say, ‘‘You’ll otherwise the administration can make ernment and have another level of gov- get the money only if you do whole its claims till the cows come home, so ernment spend it in any way they wish. school reform, i.e. Washington de- can its philosophical opponents, and we It seems to me that if the Federal Gov- cides.’’ never reach a conclusion in this coun- ernment wishes to encourage whole Mr. PORTER. OK, Mr. Chairman, the try although we spend billions of dol- school reform and the States want to gentleman is against all Federal in- lars on title I and billions of dollars on engage in it, we are providing that op- volvement in education, and that is research. I supported title I for many portunity. Just to pass the money fine philosophically, and I can under- years, but I have come to the conclu- through and say spend it any way you stand. I assume the gentleman is sion that unless it is buttressed with want, that is the money that they against special education for handi- whole school reform, it is not going to ought to be raising at the local level, capped students. produce the kind of improved perform- in fact are raising at the local level. Mr. SHADEGG. Absolutely not. ance we need from children. I would They can spend that money any way Mr. PORTER. Math and science think every conservative in this body they want. which is a Federal program and cat- would agree with that conclusion. Mr. SHADEGG. Mr. Chairman, will egory. Mr. SHADEGG. I am not even against Mr. SHADEGG. Mr. Chairman, will the gentleman yield? all Federal involvement in education. the gentleman yield? Mr. PORTER. I yield to the gen- What I am against is us telling schools Mr. PORTER. I yield to the gen- tleman from Arizona. Mr. SHADEGG. Let me just make how they have to reform. tleman from Arizona. this point clear. I do not want the We have public schools in Arizona, Mr. SHADEGG. I thank the gen- money to be raised at the States, sent and they are a tremendous success. tleman from Illinois for yielding, and I to Washington and given back with no The CHAIRMAN. The time of the thank my friend the gentleman from controls. I want the money to stay in gentleman from Illinois [Mr. PORTER] California for at least yielding me the States, because my parents want has expired. some time. We did not get to continue that. They believe they can spend it (On request of Mr. OBEY, and by in that dialogue, which I would like to. better than any Washington program. unanimous consent, Mr. PORTER was It seems to me quite clear that if the Short of getting to that, short of get- allowed to proceed for 2 additional words ‘‘whole school reform’’ had no ting to leaving those moneys at home minutes.) meaning and if the schools were then in Arizona, or Illinois, or Wisconsin or Mr. OBEY. Mr. Chairman, would the free to do what they wanted to do, then California, then I like the concept of gentleman yield? there would be no objection to striking block grants, because there is a simple Mr. PORTER. I yield to the gen- those words. But those words are re- point here. I do not know that whole tleman from Wisconsin. plete in the report and they are speci- school reform is the right idea, and I Mr. OBEY. Mr. Chairman, I would fied in the bill. What I think they say trust the parents in Arizona to shape simply like to make one point about and what I think you cannot deny is education in Arizona. That was an the term ‘‘whole school reform.’’ that this money, this $150 million is issue when I campaigned. It was an We see some people in this country going to be controlled from Washing- issue before the 104th Congress and it is who say the only answer is to bring in ton. No, it is quite true that no one has an issue before the 105th Congress. computers. We see other people who to apply for the money, but that is the That issue is, are we going to control look at a school and they say the only way Washington gets into public policy education reform and education policy answer is to have the teacher re- from the beginning and, that is, if you from Washington or are we going to let trained. We have someone else say the want the money, you must apply to the parents in America, out there working only answer is some other partial ap- Federal Government and if you apply with their teachers and their school ad- proach to the problem. to the Federal Government, you must ministrators, decide? This bill has What our leading American business- do whole school reform. Washington deciding that. If it did not, men have discovered through research Mr. PORTER. Absolutely. then it would not say you get the that they financed on their own is that Mr. SHADEGG. The parents in my money if you pursue a whole school re- schools usually produce better per- school districts do not want that. If the form initiative. formance if they think through how gentleman is genuine in saying that Mr. PORTER. If I could reclaim my the entire school works rather than parents and teachers and students and time, just to respond to that. just thinking single shot, such as local school administrators should con- The CHAIRMAN. The time of the whether we need more computers or trol this money, then let me ask the gentleman from Illinois [Mr. PORTER] whether we need retraining for reading gentleman, is he willing to strike from has again expired. teachers and things like that. both the bill itself and from the report (By unanimous consent, Mr. PORTER That is all whole school reform language all references to whole school was allowed to proceed for 1 additional means. It means to take a look at the reform? minute.) way the entire school operates rather The CHAIRMAN. The time of the Mr. PORTER. Mr. Chairman, I would than having some single shot, slap- gentleman from Illinois [Mr. PORTER] say to the gentleman from Arizona dash approach at which we have usu- has expired. that if every school district out there ally thrown money through the years, September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6883 and it seems to me that conservatives It is an alternative, as the gentleman Mr. TIERNEY. To the gentleman would be far more interested in pro- pointed out, to some of the things the from Arizona, I just address one point moting this than they would be in sim- administration wanted to do. We that he made about the fact that these ply continuing to shovel out large thought, the committee thought they were specific programs that had to be amounts of money without reviewing would go with some of the empirical identically followed. I mention the the way, in fact, we produce the best evidence, and the fact of the matter is words, as my colleagues know, of a results for the children we are supposed that these are being demonstrated over school in Salem, MA, which is in fact, to be here working for. and over again in all different types of a whole school concept. With the help Mr. DEFAZIO. Mr. Chairman, I move schools in all geographical locations of Salem State College, the community to strike the requisite number of that they are leading to effective got together, teachers got together, words. change and they are improving the parents came on board, they developed Mr. Chairman, this gentleman from ability of children to compute and to a curriculum, they developed a mis- Oregon is a bit confused by the debate read and to critically think and they sion, they have a school that goes an between the gentleman from Arizona are getting parents involved. But the hour longer every day, goes all year and the gentleman from California. first step has to come from a school around, is successful and has 145 volun- Mr. MILLER of California. Mr. Chair- district, from a school administrator or teers a week. man, will the gentleman yield? from the parents who are seeking to The CHAIRMAN. The time of the Mr. DEFAZIO. I yield to the gen- improve their schools and then they go gentleman from Oregon [Mr. DEFAZIO] tleman from California to perhaps ex- to their States and make application. has expired. pand on this and elucidate to the many Mr. OBEY. Mr. Chairman, will the Mrs. NORTHUP. Mr. Chairman, I Members out there who are now listen- gentleman yield? move to strike the requisite number of ing with rapt attention what is at Mr. DEFAZIO. I yield to the gen- words on the Evans amendment. hand. Mr. Chairman, I would like to re- Mr. MILLER of California. Let me tleman from Wisconsin. Mr. OBEY. One principal in Maryland spond to some of the debate here to- just say I think the gentleman from Il- explained that what he was doing night. I am from Kentucky, which I be- linois and the gentleman from Wiscon- under his, and it is a Comer school; he lieve is the only State that enacted sin have put it quite properly. We have whole school reform statewide, and I spent, as the gentleman from Penn- explained he was spending about 30 per- cent of his time simply in the parking have talked for many, many times sylvania [Mr. GOODLING] and I who sit about the benefits of whole school re- on the committee, billions and billions lot getting parents as they bring their of dollars in title I funds, and we have kids to school every day, talking to the form. But I do not believe that it is not exactly gotten the return that we parents to tell them to get involved, to something that we can enact at the think we should on that dollar. show them how they can get involved Federal level and have it be effective. A number of these programs, not all in volunteer programs in the schools, The truth is it is very difficult to enact of them, but a number of these pro- how they can get involved in programs at a State level so that it is effectively grams are about the reorganization of that track what their own kids are implemented by the schools in that those dollars where we get a better doing so that we can involve the par- State. bang for the buck. The John Hopkins ents in buttressing what it is the chil- The fact is schools succeed school by program comes in because schools in- dren are learning. school. They succeed as they develop vite them in, and they go into low-in- I would like to ask what in God’s their own plans, address what their come schools, and they take that title name is wrong with that? teachers and what the needs are of I money, and they reorganize it along Mr. MILLER of California. Mr. Chair- their students, what the talents are of some management techniques, along man, will the gentleman yield? their teachers and how they best can the wise use of resources, they get the Mr. DEFAZIO. I yield to the gen- meet the needs of their students. school headed off in the right direction, tleman from California. When we have whole school reform, it and the fact of the matter is they get Mr. MILLER of California. Mr. Chair- requires a whole system of support. It kids, a much, much higher percentage man, I say one of the Hopkins’ pro- requires a school to be able to over- of kids, reading at grade level. They grams, again one of the successes they come the provisions of the teacher con- did not do that because we told them have is they now have parents coming tract. We cannot do that, Mr. Chair- to do that; they did that because the to the school, participating in their man, here tonight. We cannot do this local school board could no longer face education. If they work, the parents at the Federal level because we see in the parents with the results that they are coming to the school, dropping this country that the responsibility for were getting. their children off, spending time there, the organization and the efficient man- That is what these programs are and a novel idea, they are serving them agement of our schools is done in 50 about, and the fact of the matter is coffee so they can hang around and States. that these programs have research and talk to the teachers. And so in every State we build up an pragmatic experience in districts, and The point of the matter is that these expertise, an understanding of what there are thousands of districts and programs, in fact, work, and that is the needs are and the way to address schools that are inviting these pro- where we ought to be putting the dol- those needs. I personally do not believe grams in because they work. So, if we lars, and for those school districts that that in every community in Wyoming are going to spend $150 million, we are turned off by the notion that they the needs of schools are the same as in ought to, as stewards of the taxpayers’ might have to reform the whole school, Louisville, Kentucky, and that is why money, put it where we think we can then they should go elsewhere and look we need each legislature to be able to get the best return on their invest- for dollars. freely address those needs. ment. In my area, in the San Francisco Bay The support for block grants and This is not an exclusive list. This is area, the funding now to try to rep- what we hear from superintendents a illustrative list of programs that licate this program is being picked up around this country, and certainly in have some substance to them. I guess by industry who are announcing for the local districts, is, please, do not keep the flip side of whole school reform first time that they can improve the trying to push the direction and the would be partial school reform; take schools by an investment by the pri- way we organize our schools by the that home to parents: Oh, we are going vate sector in these very same pro- money that is trickled down to us; to reform part of the school. grams. I mean, that is the kind of what we need is to be able to fill in the The point is this: If they do not want credibility we have in terms of the ex- blanks and meet the needs of each to do it, do not come get the Federal pansion and the workability of these neighborhood school based on the tal- money. We think we should put the programs. ents in that school and the needs that money where there is a strong, strong Mr. TIERNEY. Mr. Chairman, will they have. demonstration that we are getting the the gentleman yield? This bill and this whole school re- results we want for these children, and Mr. DEFAZIO. I yield to the gen- form pushes schools to go in a very spe- that is what this amendment is about. tleman from Massachusetts. cific direction. The bill in the language H6884 CONGRESSIONAL RECORD — HOUSE September 4, 1997 mentions the examples of whole school The question is on the amendment what happened to the idea? I say to the reform that would be accepted. Many offered by the gentleman from Illinois gentleman from California [Mr. MIL- of the things that exist in current [Mr. EVANS]. LER], who was a key participant in State laws would not allow real whole The amendment was agreed to. crafting that bipartisan legislation, school reform. b 1930 what happened to the idea that we And, finally, let me say that in Ken- would make a good-faith effort of try- tucky whole school reform where it is Mr. RIGGS. Mr. Chairman, I move to ing to come closer to that original 40 successful is successful because our strike the last word. percent obligation on the part of Fed- universities are training teachers in a Mr. Chairman, I was looking for the eral taxpayers for special education? different way. We have rewards and appropriate juncture to join this de- So I am strongly opposed, as an edu- sanctions for schools that are not suc- bate and did not want to help us di- cation subcommittee chairman, to all cessful, and just because they adopted gress even further from the debate on this new money, this payola being whole school reform, their scores have the underlying amendment, but I have spread around this bill to try and get not all gone up; in fact, some have gone to say that this has been a remarkable some sort of bipartisan agreement, down. And so what we need is a State discussion on something called Whole when I know that we have greater pri- Department that can intervene in School Reform, a program that has orities at the Federal level, and when I those schools, we need to adopt it as a never been reviewed or authorized by know that money is ultimately best whole support system, and for us in the the majority party of the Congress, the spent driven down to the local level, Federal level to apply that on every Republican Party. I can say that from because that is in keeping with the State and every school, if they want a position of authority, since I chair long-standing American tradition of the money, would be a terrible mis- the Subcommittee on Early Childhood, public education, of local control and take. Youth and Families. decentralized decision-making. Mr. PORTER. Mr. Chairman, will the I am looking through the statute Mr. MILLER of California. Mr. Chair- gentlewoman yield? now, trying to understand what the man, will the gentleman yield? Mrs. NORTHUP. I yield to the gen- previous Democratic-controlled Con- Mr. RIGGS. I yield to the gentleman tleman from Illinois. gress that authorized something called from California. Mr. PORTER. It is my understand- Whole School Reform might have Mr. MILLER of California. Mr. Chair- ing, and the gentleman from Wisconsin meant by Whole School Reform, and I man, I appreciate the gentleman yield- can correct me if I am wrong, but I be- think I have figured out what is going ing. lieve that the States can structure this on in this debate: pure politics, edu- I would just say that in a number of in any way they want to restrict the cational payola, in an effort to craft, these programs, one of the interesting schools in their States to apply only in quote-unquote, a bipartisan bill that by-products we are having is that the certain ways or in any way they wish can get enough Democrat votes to pass number of children that are later eligi- to structure. I do not see that it inter- the House of Representatives. ble for special education is substan- feres whatsoever in State direction on Now, my good friend, the gentleman tially reduced because, by concentrat- whole school reform, or they can from California [Mr. MILLER], who is a ing on basic skills at the earliest level, choose not to participate in it at all. distinguished member of the Commit- the grade level, we find it was really a Mrs. NORTHUP. Reclaiming my time tee on Education and the Workforce, reading problem that these children to respond, please, Mr. Chairman, the did get it right. He said, this is new had that later caused them to be classi- problem is that whole school reform money. This $150 million for Whole fied as eligible for special education. only works if there are the liberties to School Reform is really new money, be- Those children are being maintained in truly reform it. As my colleagues cause again it was authorized by a pre- the regular classrooms. know, if a school says we would like to vious Democratically controlled Con- Mr. RIGGS. Mr. Chairman, reclaim- apply for this $50,000 grant and they get gress, and it goes along with the other ing my time, I do not doubt that at all. it, but the State does not allow the new money in this bill, an increase of I will point out to the gentleman that provisions of this, say, to override $40 million for the Fund for the Im- we put an emphasis on early interven- teacher contracts, to change the size of provement of Education, an increase of tion in the IDEA amendments and, classes, to do other things that are nec- almost $50 million for something called again, the money could be better spent essary for whole school reform, the ef- 21st Century Community Learning there. fectiveness of it does not exist. Centers. Mr. Chairman, I really question this Mr. PORTER. If the gentlewoman All I can conclude, Mr. Chairman, money coming into this bill, being will continue to yield, the State has from all of this is that the advice that spent for, I think, very questionable or complete authority over the method we gave the appropriators when we nebulous purposes, particularly when under which the application is made. If went and testified before them to try again those of us who serve on the au- they want to put those restrictions in to further increase Federal taxpayer thorizing committee were not con- place, they can certainly do so. I do not funding for special education, given the sulted about this money, and this see the problem. fact that the Federal special education money again is apparently being made Mrs. NORTHUP. Mr. Chairman, if it and civil rights statute has already available in an effort to, if you will is so clear that whole school reform is been reauthorized by this Congress and pardon the expression, buy Democrat good, everyone of the 50 States could signed into law by the President to try votes for this bill. enact it today. They spend billions. In to increase funding to expand voca- I might also point out, and I do not fact, they spend 95 percent of every dol- tional and technical educational oppor- usually get personal in debate, but we lar in the classroom they appropriate tunities for our young people, espe- are attempting to do this now to ac- and spend at the State and local gov- cially the two-thirds of our young peo- commodate one individual Member of ernment. There is nothing that pro- ple who are not college-bound, or will the House out of 435 Members of the hibits them from passing whole school not complete college, to try to drive House, the distinguished ranking mem- reform in their school. technology down into the local schools, ber of the subcommittee and full com- So if the evidence is so overwhelm- that advice was largely ignored in the mittee, who is opposed to us on the ma- ing, why has only one State in this desire to accommodate the request of jority side of the aisle on every single country passed it, and why would we the distinguished ranking member of major policy initiative in this Con- seek at the Federal level to override the subcommittee and the full commit- gress, whether we are talking about the wisdom of those States? tee and others who want money to pro- welfare reform in the last Congress, the The CHAIRMAN. The Chair notes mote Whole School Reform. Again, bipartisan agreement to balance the that 5-minute debate by pro forma whatever that might be. budget in this Congress, or tax relief amendment may continue, but at this This money could be a lot better for American families and businesses. point the Chair will put the question spent if in no other area of this bill So I again have to really question on the amendment offered by the gen- than on improving education for chil- what the thinking and philosophy is tleman from Illinois [Mr. EVANS]. dren with learning disabilities. And behind the crafting of this legislation, September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6885 and suggest to my colleagues that we On page 68, line 17, after the first dollar They also have agreed that they can find better ways to spend this amount insert ‘‘(increased by $25,000,000) and would seek the higher figure that the money on Republican education prior- after the second dollar amount insert ‘‘(in- Senate has in their legislation, and for creased by $25,000,000)’’. ities. On page 78, line 18, after the dollar amount that, I am also very thankful. PARLIAMENTARY INQUIRY insert ‘‘(reduced by $1,500,000)’’. So again we had one mandate from Mr. LARGENT. Mr. Chairman, I have On page 78, line 19, after the dollar amount the Federal level. It is the largest un- a parliamentary inquiry. insert ‘‘(reduced by $1,500,000’’. funded mandate in the history of the The CHAIRMAN. The gentleman will On page 85, line 5, after the dollar amount Federal Government, I am sure. This state it. insert ‘‘(reduced by $1,500,000)’’. will take us one step closer to, as a Mr. LARGENT. Just a question to Mr. GOODLING. Mr. Chairman, first matter of fact, doing what was prom- the Chair: We just had a voice vote on of all let me preface my remarks in re- ised to local school districts many the previous amendment while there lationship to this amendment by indi- years ago, that we would put up 40 per- were still Members standing at a cating that there are no Federal man- cent of the money from Federal funds microphone under an open rule, under dates dealing with curriculum in any in order to deal with that issue. the 5-minute rule, and the Chairman local school district. There is only one Mr. Chairman, I thank the commit- closed debate. Federal mandate dealing with curricu- tee, the chairman and the ranking I am just wondering what the par- lum in relationship to the States, and member, for this effort, and again indi- liamentary procedure is on that, and that is the one that I want to talk cate that they have indicated to me could we expect that to occur on any of about, and that is the one to which my that they would go for the higher fig- the other amendments that will be de- amendment applies. ure in conference, the Senate figure. bated this evening and tomorrow? IDEA is a Federal mandate, the only Mr. PORTER. Mr. Chairman, I rise in The CHAIRMAN. The Chair was un- curriculum mandate from the Federal support of the amendment. aware of any other Members who were Government. It is a mandate on the Mr. Chairman, I would say to the intending to debate that particular State, who then mandates to the local gentleman from Pennsylvania [Mr. amendment. Members can be heard level what they must carry out in rela- GOODLING] that I have the highest re- under the 5-minute rule to proceed, as tionship to IDEA. spect for the chairman of the authoriz- the gentleman from California just did, When it was passed many years ago, ing committee, that we attempt to to continue to debate other particular 30 years ago, the Federal Government work together very closely, that this is issues, but it was not pertinent or rel- said we are giving the mandate and we a mandate upon local districts that evant to the amendment offered by the are going to give you 40 percent of the takes local tax funds, that in the last gentleman from Illinois. money. Unfortunately, they gave 99 fiscal year we raised spending for IDEA Mr. LARGENT. Mr. Chairman, it is percent of the mandate, but about 8 by $790 million, and this year by $325 my understanding that under normal percent of the money. Local school dis- million in the bill as it comes to the circumstances the Chair will ask the tricts now are finding it very, very dif- floor. This is an additional amount of question, ‘‘Are there any other Mem- ficult to fund the special education $25 million. bers that want to be heard on this par- mandate that comes from the Federal We are attempting to do everything ticular amendment?’’ and that oppor- Government. we can to make this a high priority tunity was not given to the House pre- As a minority member working on and to relieve local school districts of viously or to the Committee of the the Committee on the Budget for 6 the cost of the program. It has been Whole. years in a bipartisan way, we tried to made, with the leadership of the gen- The CHAIRMAN. The Chair would change that, and it did not work. Last tleman from Pennsylvania, a high pri- state again that the Chair was unaware year I said thank you to this commit- ority in this bill. of any Members who wished to debate tee, because as long as the mandate is Mr. Chairman, we accept the gentle- the issue involving the Evans amend- there and we have the responsibility to man’s amendment. ment. The Chair will continue to recog- put the money where our mouth is, this Mr. OBEY. Mr. Chairman, will the nize those Members under the 5-minute committee that is on the floor today gentleman yield? rule to debate issues, but the Chair has saw fit to raise that amount rather Mr. PORTER. I yield to the gen- the prerogative to put the question on dramatically. The idea was that we tleman from Wisconsin. an amendment if no Member seeks rec- would keep doing that, hopefully until Mr. OBEY. Mr. Chairman, I would ognition to further debate that amend- we got to the 40 percent. like to say also that on this side of the ment. We reformed IDEA this year, and I aisle, we accept the gentleman’s Mr. LARGENT. Mr. Chairman, is it think we will bring about savings at amendment. parliamentary procedure for the Chair the local level. We say, first of all, that Mr. SOUDER. Mr. Chairman, I move to ask the question, ‘‘Are there any when you get to a certain figure, the to strike the requisite number of other Members that desire to be heard local level can reduce their expendi- words. on this amendment?’’ Is that part of tures. The State cannot, but the local Mr. Chairman, I want to congratu- the parliamentary procedure, ‘‘yes or government can. late the chairman of the Committee on no?’’ We also have introduced in that leg- Education and the Workforce [Mr. The CHAIRMAN. The Chair ascer- islation avenues to bring savings to the GOODLING] for his tireless efforts on be- tains that by whatever proper means local government, because we try to half of the children with special needs the Chair chooses to use. get the attorneys out of the business in in our school system. AMENDMENT NO. 17 OFFERED BY MR. GOODLING the beginning so that the school dis- We worked and moved through this Mr. GOODLING. Mr. Chairman, pur- trict is not spending the money on at- body unanimously a bill on IDEA that suant to the rule, I offer Amendment torneys’ fees, the parent is not spend- we had worked through the Senate. We No. 17, printed in the RECORD. ing money on attorneys’ fees. had many differences as we worked The CHAIRMAN. The Clerk will des- It was my hope, as I said, that we through this process, and the gen- ignate the amendment. could get more. That was not possible tleman deserves tremendous credit for The text of the amendment is as fol- with the way the budget agreement that. lows: was written, and the committee did the One of our concerns, as a party that Amendment No. 17 offered by Mr. GOOD- best they could. ran on and was committed to not hav- LING: They have agreed to increase that ing unfunded mandates, was we set On page 2, line 15, after the dollar amount amount, and I am very thankful for goals that unless we put adequate fund- insert ‘‘(reduced by $21,000,000)’’. that. The increase that they would give ing in cannot be met. I think this is an On page 2, line 16, after the dollar amount us at the present time is $25 million. important step. insert ‘‘(reduced by $23,000,000)’’. On page 3, line 9, after the dollar amount That is taken from other programs in But one of the things that we will be insert ‘‘(reduced by $21,000,000)’’. order to deal with this one unfunded debating as we go through this bill the On page 23, line 20, after the dollar amount mandate from the Federal Government next few days is, we believe that rather insert ‘‘(reduced by $1,000,000)’’. in relationship to curriculum. than creating new Federal programs, H6886 CONGRESSIONAL RECORD — HOUSE September 4, 1997 like there are several in this bill, one Mr. GOODLING. Mr. Chairman, I The Amish wish to have their youth we have been debating tonight, that move to strike the last word. work in vocational settings after com- have not gone through the committee Mr. Chairman, at this time I would pletion of Amish school, which is equal process, that have not gone through a like to engage the gentleman from Illi- to the eighth grade. I, along with sev- hearing process, that the money, if we nois [Mr. PORTER] in a colloquy. eral other colleagues in the Congress, agree, as we did in the budget agree- Mr. Chairman, in my testimony be- have been working with the Depart- ment to spend the money on education, fore the subcommittee this past June, I ment of Labor to find an administra- it should be spent in programs that we referenced some revolutionary findings tive solution so the Amish can remain have already passed by this Congress, on how children learn to read that have in their community and begin their that we already have agreement in this recently come out of the National In- professional training. Congress on, that we agree on as an ap- stitute of Child Health and Human De- Mr. Chairman, it would greatly bene- propriate Federal role. velopment, which is part of the Na- fit the Amish communities in Penn- There may be other pieces of legisla- tional Institutes of Health. I am em- sylvania and across the Nation if we tion where we can work out a com- barrassed to say that I did not realize found a solution to this problem. I re- promise, like we did on IDEA. How can that since 1985 they have been doing quest that the chairman include con- we know, if we never have a hearing? such research. Dr. Reid Lyons, of ference report language in the Labor- How do we know, if we never move it course, is the individual who has done HHS appropriations bill urging the De- through? this, and I think it would put to rest partment of Labor to continue its ne- We, as Republicans, were sent here any debate between the phonics and gotiations with the Members who have by the American people to say, hey, we whole language reading methods. Amish constituencies, and to come to a want some changes in Washington; and At that time I asked the subcommit- compromise by the end of this year many of the people who voted for us tee to set aside the $500,000 to the Fund which will allow young Amish workers want to see a change in education pol- for Improvement of Education, to fund to continue to work in supervised set- a special teacher training initiative in icy. tings. As we go through this, I assume that the district which would help train Mr. PORTER. Mr. Chairman, will the teachers consistent with Dr. Lyons’ they at least want to see when there gentleman yield? findings. There is no reason for him to are changes in education policies, that Mr. PITTS. I yield to the gentleman put the money in from NIH, as a mat- we go through a process of debate and from Illinois. ter of fact, if the teachers are not we debate the proper role of the Fed- Mr. PORTER. Mr. Chairman, I under- trained. stand the concerns of the gentleman eral Government and the State govern- I understand that such a set-aside from Pennsylvania. The Amish who ment and the local government; that has been included in the report to ac- also live in my State have unique fam- we try to have parents involved in as company H.R. 2264. I would like to ask ily values and have a unique situation, many places as possible. the chairman of the subcommittee since they complete their formal Like on IDEA, many people through- whether it is his intention to include schooling after the eighth grade. Ac- out America felt people with disabil- this as a statutory set-aside in the con- cordingly, the Department of Labor ities were not being treated fairly at ference report to accompany this bill. the local level. As this bill has a con- Mr. PORTER. Mr. Chairman, will the has a responsibility to evaluate the stituency nationwide and as we looked gentleman yield? Amish in that light. It is my hope that at the failure of the local school sys- Mr. GOODLING. I yield to the gen- the Department of Labor will alleviate tems to meet those needs, there was a tleman from Illinois. the problems that have been created decision made by the U.S. Congress, Mr. PORTER. Mr. Chairman, I thank for the Amish. after many hearings and a process, to the gentleman from Pennsylvania for Moreover, I will work to include lan- have a bill passed. his inquiry, and for bringing this im- guage in the conference report urging the Department of Labor to resolve b 1945 portant research to our attention. As the gentleman has noted, we have in- this issue by the end of the year. Then we moved to funding of that cluded language in our report referenc- Mr. PITT. Mr. Chairman, I thank the bill. Then we increased that. This time ing this research, and instructing the gentleman. we fine-tuned it again, made some Secretary of Education to give high Ms. DELAURO. Mr. Chairman, I move changes in the overlying bill, but now priority to training D.C. teachers in to strike the last word. we are putting more funds into that. these methods. Mr. Chairman, I rise to engage in a If we are going to spend more money Conferences are always difficult, but colloquy with the chairman regarding on education, many of us feel it should I will do all I can to include the $500,000 our efforts to move people from welfare be spent in areas where we have this in this activity as bill language in the to work. I and many others fear that consensus, where we have this agree- conference. last year’s welfare reform effort will ment, where people know what we are Mr. GOODLING. I thank the chair- not do enough to ensure that the goal doing, not some kind of last-minute at- man. we all share, a smooth transition into tempt to put something into a bill to Mr. PITT. Mr. Chairman, I move to the job market for people now on wel- circumvent what the party has stood strike the last word. fare, would be achieved. for, and quite frankly, which we do not Mr. Chairman, I would like to engage I am glad to see that the recently really know, as the chairman of the the chairman in a colloquy on the issue concluded bipartisan budget agreement subcommittee said, of which I also that has come before members of the includes a welfare-to-work jobs pro- serve on that subcommittee, it is not Amish community who reside in 20 gram to help make welfare reform a particularly comforting to all of a sud- States in this country. The Amish are success, but it will take a great deal of den hear there is this brand new pro- a very committed, hard-working com- work and resources for the Department gram that went clear around the proc- munity who do not contribute to the of Labor to design and to implement ess. social ills of our society. The Amish welfare-to-work so it will be in place I commend the chairman, the gen- are not dependent on government pro- by October 1, 1997. tleman from Illinois [Mr. PORTER] for grams. On July 17, 1997, the President sent to his willingness on the amendment of Mr. Chairman, I am extremely con- Congress a budget amount for $6.2 mil- the gentleman from Pennsylvania [Mr. cerned that their lifestyle has been lion for the Labor Department to ad- GOODLING], and I commend Chairman threatened by recent actions taken by minister the $3 billion welfare-to-work GOODLING for his tremendous efforts on the Federal Department of Labor. As program. As we prepare to go to con- this. Members may know, the Amish have ference with the other body, it is im- The CHAIRMAN. The question is on received fines for having their youth portant that these funds be provided to the amendment offered by the gen- under the age of 18 working on their the Department of Labor. tleman from Pennsylvania [Mr. GOOD- family farms and businesses. This has I appreciate the chairman’s recogni- LING]. received attention at both the local tion in the committee report of the The amendment was agreed to. and national level. likelihood that these funds would be September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6887 needed. Now that the budget agree- linois and Iowa, where there are many $1,228,000 which may be used for amortiza- ment has been reached, I want to ask Amish. tion payments to States which had independ- the gentleman if he would be willing to I want to make one other point with ent retirement plans in their State employ- ment service agencies prior to 1980, and in- work with me as we go to the con- this, in addition to commending the cluding not to exceed $2,000,000 which may be ference on this bill to ensure that the gentleman from Pennsylvania [Mr. obligated in contracts with non-State enti- Labor Department has the resources it PITTS] and the gentleman from Illinois ties for activities such as occupational and needs to administer this vital welfare- [Mr. PORTER]. That is, as we debate test research activities which benefit the to-work effort. this bill, there have been a lot of dis- Federal-State Employment Service System), Mr. PORTER. Mr. Chairman, will the cussions as to whether we are going to which may be expended from the Employ- gentlewoman yield? be obstructionists and offer lots of ment Security Administration account in the Unemployment Trust Fund including the Ms. DELAURO. I yield to the gen- amendments. I had an amendment on cost of administering section 1201 of the tleman from Illinois. this bill addressing this question. At Small Business Job Protection Act of 1996, Mr. PORTER. Mr. Chairman, the gen- the request of the gentleman from section 7(d) of the Wagner-Peyser Act, as tlewoman is a very valued member of Pennsylvania [Mr. PITTS] and working amended, the Trade Act of 1974, as amended, our subcommittee. I appreciate very with the gentleman from Illinois [Mr. the Immigration Act of 1990, and the Immi- gration and Nationality Act, as amended, much her interest in the welfare-to- PORTER], we felt that this colloquy work efforts during the committee and of which the sums available in the allo- would be a good first step to move this cation for activities authorized by title III of hearings this year, and I share her issue forward. the Social Security Act, as amended (42 commitment to making welfare reform What we are doing tonight and to- U.S.C. 502–504), and the sums available in the work. I want to let her know I will do morrow and whatever time is necessary allocation for necessary administrative ex- everything in my power to make sure is to have an honest debate on the is- penses for carrying out 5 U.S.C. 8501–8523, welfare-to-work is implemented suc- sues. I wish we would work out most shall be available for obligation by the cessfully. things like what has happened with the States through December 31, 1998, except that funds used for automation acquisitions Ms. DELAURO. Mr. Chairman, I ap- gentleman from Pennsylvania [Mr. shall be available for obligation by States preciate the Chairman’s interest and PITTS] in his effort with the chairman. through September 30, 2000; and of which efforts during the committee hearings I want to commend them for their ef- $173,452,000, together with not to exceed this year. I share his commitment to forts, thank them on behalf of many $738,283,000 of the amount which may be ex- making welfare reform work, and I will people who are relatively defenseless, pended from said trust fund, shall be avail- do everything in my power to make who do not have a lot of monetary able for obligation for the period July 1, 1998 sure welfare-to-work is implemented through June 30, 1999, to fund activities power, who do not even generally vote. under the Act of June 6, 1933, as amended, in- successfully. I thank the chairman. I want to thank them for their efforts, cluding the cost of penalty mail authorized Mr. SOUDER. Mr. Chairman, I move and I hope the Labor Department will under 39 U.S.C. 3202(a)(1)(E) made available to strike the last word. hear their voices as they are crying out to States in lieu of allotments for such pur- Mr. Chairman, I want to comment for how they can live with their reli- pose, and of which $200,000,000 shall be avail- briefly on the colloquy of the gen- gious freedom in our society. able solely for the purpose of assisting tleman from Pennsylvania, Mr. PITTS, The CHAIRMAN. The Clerk will read. States to convert their automated State em- ployment security agency systems to be year with Chairman PORTER, chairman of The Clerk read as follows: the subcommittee. 2000 compliant, and of which $206,333,000 shall COMMUNITY SERVICE EMPLOYMENT FOR OLDER be available only to the extent necessary for Mr. Chairman, I have a unique back- AMERICANS additional State allocations to administer ground probably in this Congress in the (TRANSFER OF FUNDS) unemployment compensation laws to finance sense that my great-grandfather was To carry out the activities for national increases in the number of unemployment insurance claims filed and claims paid or actually Amish; that he left the Amish grants or contracts with public agencies and changes in a State law: Provided, That to the faith in the 1860’s, but up until that public or private nonprofit organizations extent that the Average Weekly Insured Un- point, the Souder family, of which under paragraph (1)(A) of section 506(a) of employment (AWIU) for fiscal year 1998 is title V of the Older Americans Act of 1965, as there are many in Pennsylvania and projected by the Department of Labor to ex- Ohio, many of them have an Amish amended, or to carry out older worker ac- ceed 2,789,000 an additional $28,600,000 shall background. tivities as subsequently authorized, be available for obligation for every 100,000 It is a question of religious liberty in $343,356,000. increase in the AWIU level (including a pro this country as to whether people are To carry out the activities for grants to rata amount for any increment less than States under paragraph (3) of section 506(a) 100,000) from the Employment Security Ad- going to have some flexibility within of title V of the Older Americans Act of 1965, our laws, as long as they do not affect ministration Account of the Unemployment as amended, or to carry out older worker ac- Trust Fund: Provided further, That funds ap- other people, to be able to practice pro- tivities as subsequently authorized, propriated in this Act which are used to es- fessions and do things to earn a living, $96,844,000. tablish a national one-stop career center net- as we see the land values up, particu- The funds appropriated under this heading work may be obligated in contracts, grants larly in the areas they live, or whether shall be transferred to and merged with the or agreements with non-State entities: Pro- they have to keep going and trying to Department of Health and Human Services, vided further, That funds appropriated under find wilderness, of which there is less ‘‘Aging Services Programs’’, for the same this Act for activities authorized under the purposes and the same period as the account and less of in America, places where Wagner-Peyser Act, as amended, and title III to which transferred, following the enact- of the Social Security Act, may be used by they do not bump into each other or ment of legislation authorizing the adminis- the State to fund integrated Employment where they can find land of a good tration of the program by that Department. Service and Unemployment Insurance auto- price, which is why we see many of FEDERAL UNEMPLOYMENT BENEFITS AND mation efforts, notwithstanding cost alloca- them going to South America. ALLOWANCES tion principles prescribed under Office of Management and Budget Circular A–87. As I see many of these people, many For payments during the current fiscal relatives of mine, squeezed as the year of trade adjustment benefit payments AMENDMENT OFFERED BY MR. OBEY urban area expands, many of them go and allowances under part I, and for train- Mr. OBEY. Mr. Chairman, I offer an into woodworking professions. As we ing, for allowances for job search and reloca- amendment. combine this with the flexibility we tion, and for related State administrative ex- The Clerk read as follows: have given them in the school system, penses under part II, subchapters B and D, Amendment offered by Mr. OBEY: we have run into real problems with chapter 2, title II of the Trade Act of 1974, as On page 8, line 18, after the dollar amount amended, $349,000,000, together with such insert ‘‘(reduced by $20,000,000)’’. the Department of Labor. amounts as may be necessary to be charged On page 9, line 22, after the dollar amount I have supported the gentleman from to the subsequent appropriation for pay- insert ‘‘(reduced by $10,000,000)’’. Pennsylvania [Mr. PITTS] and other ments for any period subsequent to Septem- On page 9 line 25, after the dollar amount Members from Pennsylvania where the ber 15 of the current year. insert ‘‘(reduced by $10,000,000)’’. On page 42, line 22, after the first dollar problem has been highlighted in these STATE UNEMPLOYMENT INSURANCE AND meetings with the Labor Department, amount insert ‘‘(increased by $32,835,000 for EMPLOYMENT SERVICE OPERATIONS community based resource centers)’’. but it has also spread into Ohio and In- For authorized administrative expenses, On page 64, line 7, after the first dollar diana, and certainly very easily can $173,452,000, together with not to exceed amount insert the following: ‘‘(reduced by spread further into other regions in Il- $3,332,476,000 (including not to exceed $12,835,000)’’. H6888 CONGRESSIONAL RECORD — HOUSE September 4, 1997 On page 64, line 7, after the second dollar the House version of the Health and Human As a former assistant DA in Penn- amount insert the following: ‘‘(reduced by Services budget. The Senate version contin- sylvania, I have seen too many victims $12,835,000)’’. ues the grant at last year’s funding level. of child abuse, whether it be shaken- Mr. OBEY. Mr. Chairman, a moment Congressman DeFazio’s amendment will re- baby syndrome or other victims of ago the gentleman from Pennsylvania store the CBFRS budget and increase it by one million dollars. The offset comes from abuse in other ways we have seen, [Mr. GOODLING] offered an amendment the office of the director of the National In- whether, as the gentleman from Oregon to correct a misjudgment in the bill, stitute of Health and by reducing funding for talked about, the death of child abuse and I am doing the same thing in this new buildings to last year’s levels. victims or those who have been instance. I understand the amendment I strongly urge your support of the starved. will be accepted by the majority. DeFazio amendment. Mr. Chairman, this will help reduce Mr. Chairman, I am offering this The CBFRS resources will play a very im- child abuse, help agencies identify portant role in preventing child abuse and child abuse, and increase prosecution amendment on behalf of myself and the neglect in Oregon. One of the most profound gentleman from Oregon [Mr. DEFAZIO]. gaps in our service system is that of families of violent child abusers. The program This would simply restore $32 million who are at high-risk of and have an un- provides such a large return for such a for the child abuse prevention and founded or undocumented case of child abuse small investment we would be remiss treatment program, for the commu- or neglect. This gap lies along the contin- in eliminating it, and we must, obvi- nity-based family resource and support uum of services between the ‘‘wellness’’ (or ously, eliminate wasteful spending in grant program within that program. It primary prevention) role of the Commission any form and focus on funding pro- would pay for it with offsetting reduc- on Children and Families and the role of the grams that truly make a difference in Department of Human Resources in protect- tions in computers, in the contingency the lives of our children and families, ing children through its Services to Children as this DeFazio-Fox amendment will. fund, and in Goals 2000 of $12,800,000. and Families division (SCF). I do not think there is any con- Oregon will use the CBFRS resources to Mr. Chairman, the program was au- troversy associated with the amend- address this gap by establishing ‘‘community thorized in the Child Abuse Prevention ment. We are simply trying to provide safety nets’’ at the community and the state and Treatment Act of 1996 for 3 years. the same level of funding that was pro- levels. These safety nets will be strong com- The U.S. Senate has seen the wisdom vided last year to support community- munity and interagency partnerships de- to continue this important bill, and I based efforts at preventing child abuse. signed to respond to the needs of those chil- thank the gentleman from Illinois [Mr. dren and families who fall through the Mr. DEFAZIO. Mr. Chairman, will the PORTER] for his agreement to this cracks. At my direction work has already amendment, and I appreciate the gen- gentleman yield? begun to lay the foundation for the safety Mr. OBEY. I yield to the gentleman net project. tleman from Oregon [Mr. DEFAZIO]. from Oregon. The restoration of the CBFRS grant will Mr. OBEY. Mr. Chairman, will the Mr. DEFAZIO. Mr. Chairman, I thank help get Oregon on the road to addressing gentleman yield? Mr. FOX of Pennsylvania. I yield to the gentleman for yielding to me. one of the most serious gaps in our service the gentleman from Wisconsin. Mr. Chairman, this is the only, only system for children and families. I urge your support of the DeFazio amend- Mr. OBEY. Mr. Chairman, I neglected Federal money that goes directly to ment. If you need further information, please to say that I was offering the amend- support State, local, and private co- contact Pam Curtis in my office at 378–6895. ment on behalf of the gentleman from ordinated efforts to prevent the grow- Sincerely, Oregon [Mr. DEFAZIO] and the gen- ing epidemic of child abuse in this JOHN A. KITZHABER, M.D. tleman from Pennsylvania [Mr. FOX]. I country. We had 1.4 million reported Mr. PORTER. Mr. Chairman, will the apologize and I appreciate the gentle- cases of child abuse in 1986, up to 3 mil- gentleman yield? man’s activity on the amendment. lion in 1996. Mr. OBEY. I yield to the gentleman Mr. DEFAZIO. Mr. Chairman, will the In my hometown of Springfield a pre- from Illinois. gentleman yield? cious little girl 3 years old, Tessa Mr. PORTER. Mr. Chairman, I would Mr. FOX of Pennsylvania. I yield to Lynn, needed some help, and that help simply say that we accept the amend- the gentleman from Oregon. never came. One day the police came in ment. Mr. DEFAZIO. Mr. Chairman, I thank response to some calls by neighbors, Mr. FOX of Pennsylvania. Mr. Chair- the gentleman from Pennsylvania [Mr. and they checked her, and they were man, I move to strike the last word. FOX] for his support and his work on told she was asleep. Mr. Chairman, I rise in strong sup- this amendment. This will save some port of the DeFazio-Fox amendment to b 2000 children from the horrible fate that the Labor, HHS, Education appropria- Tessa Lynn suffered in my own home- Well, now, she is asleep forever. She tions. This amendment would restore town. was horribly abused and murdered. We funding for the important community- Mr. COBURN. Mr. Chairman, I move need more community-based programs based family resource and support to strike the requisite number of to prevent child abuse, and this is the grant program to prevent child abuse. words. only one that receives any Federal Mr. Chairman, I thank the gentleman Mr. Chairman, I wonder if the gen- funding. from Oregon [Mr. DEFAZIO] for his lead- tleman from Wisconsin [Mr. OBEY] Mr. Chairman, I would urge my col- ership in this issue. might answer a few questions about leagues to support it. It is not a new According to the Department of this amendment for me. I know it has program. It is an authorized program. Health and Human Services, instances been accepted, but I think it is impor- It is not an unfunded mandate. And it of child abuse continue to increase tant to clarify. The money and the goal is a program which involves States, sharply. In this environment I believe I fully agree with. I think it is worth- communities, and private organiza- that it would be irresponsible for Con- while. Mr. Chairman, could the gen- tions in a coordinated effort to save gress to cut funding for child abuse tleman from Wisconsin explain to me the lives of precious youth in this prevention and treatment. again where this money is coming from country. This program establishes a system of and why we chose to take it from those Mr. Chairman, I insert the following safety nets in our communities. These various programs? for the RECORD: safety nets provide intervention serv- Mr. OBEY. Mr. Chairman, will the STATE OF OREGON, ices to at-risk children and their fami- gentleman yield? JOHN A. KITZHABER, GOVERNOR, lies. These are provided through coun- Mr. COBURN. I yield to the gen- July 29, 1997. seling, training, and treatment services tleman from Wisconsin. Hon. PETER DEFAZIO, to local communities, including domes- Mr. OBEY. Mr. Chairman, as I said, House of Representatives, 2134 Rayburn House tic violence prevention. the money is to continue as the exist- Office Building, Washington, DC. But unfortunately, funding for this ing funding level, the community- DEAR CONGRESSMAN DEFAZIO: Congressman program has been eliminated in the Peter DeFazio is proposing an amendment to based family resource and support restore funding for local child abuse preven- House version of the bill. I believe the grant program. tion grants to the states. The budget for the program has had an outstanding posi- Mr. COBURN. Mr. Chairman, re- Federal Community-Based Family Resource tive effect. We cannot turn our back on claiming my time, I understand what it Support Grant (CBFRS) was eliminated in our Nation’s defenseless children. is for. September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6889 Mr. OBEY. Mr. Chairman, if the gen- such Corporation in connection with the ter- sums as the Secretary of Labor determines tleman will continue to yield, it is mination of pension plans, for the acquisi- to be the cost of administration for employ- funded by taking $12.8 million out of tion, protection or management, and invest- ees of such fair share entities through Sep- the administration’s Goals 2000 pro- ment of trust assets, and for benefits admin- tember 30, 1998: Provided further, That of istration services shall be considered as non- those funds transferred to this account from gram, and $10 million out of the UI administrative expenses for the purposes the fair share entities to pay the cost of ad- contingency fund, and $10 million out hereof, and excluded from the above limita- ministration, $7,269,000 shall be made avail- of the UI computers fund. tion. able to the Secretary of Labor for expendi- Both of these accounts are very EMPLOYMENT STANDARDS ADMINISTRATION tures relating to capital improvements in support of Federal Employees’ Compensation amply funded and neither account will SALARIES AND EXPENSES be damaged by the reduction. Act administration, and the balance of such For necessary expenses for the Employ- funds shall be paid into the Treasury as mis- The CHAIRMAN. The question is on ment Standards Administration, including the amendment offered by the gen- cellaneous receipts: Provided further, That reimbursement to State, Federal, and local the Secretary may require that any person tleman from Wisconsin [Mr. OBEY]. agencies and their employees for inspection filing a notice of injury or a claim for bene- The amendment was agreed to. services rendered, $298,007,000, together with fits under chapter 81 of title 5, United States Mr. PORTER. Mr. Chairman, I ask $993,000 which may be expended from the Code, or 33 U.S.C. 901 et seq., provide as part unanimous consent that the remainder Special Fund in accordance with sections of such notice and claim, such identifying in- of title I be considered as read, printed 39(c) and 44(j) of the Longshore and Harbor formation (including Social Security ac- Workers’ Compensation Act: Provided, That in the RECORD, and open to amendment count number) as such regulations may pre- $500,000 shall be for the development and im- scribe. at any point. plementation of the electronic submission of The CHAIRMAN. Is there objection reports required to be filed under the Labor- BLACK LUNG DISABILITY TRUST FUND to the request of the gentleman from Management Reporting and Disclosure Act (INCLUDING TRANSFER OF FUNDS) Illinois? of 1959, as amended, and for a computer For payments from the Black Lung Dis- There was no objection. database of the information for each submis- ability Trust Fund, $1,007,000,000, of which The text of the remainder of title I is sion that is indexed and easily searchable by $960,650,000 shall be available until Septem- as follows: the public via the Internet: Provided further, ber 30, 1999, for payment of all benefits as au- That the Secretary of Labor is authorized to thorized by section 9501(d) (1), (2), (4), and (7) ADVANCES TO THE UNEMPLOYMENT TRUST FUND accept, retain, and spend, until expended, in of the Internal Revenue Code of 1954, as AND OTHER FUNDS the name of the Department of Labor, all amended, and interest on advances as au- For repayable advances to the Unemploy- sums of money ordered to be paid to the Sec- thorized by section 9501(c)(2) of that Act, and ment Trust Fund as authorized by sections retary of Labor, in accordance with the of which $26,147,000 shall be available for 905(d) and 1203 of the Social Security Act, as terms of the Consent Judgment in Civil Ac- transfer to Employment Standards Adminis- amended, and to the Black Lung Disability tion No. 91–0027 of the United States District tration, Salaries and Expenses, $19,551,000 for Trust Fund as authorized by section Court for the District of the Northern Mari- transfer to Departmental Management, Sala- 9501(c)(1) of the Internal Revenue Code of ana Islands (May 21, 1992): Provided further, ries and Expenses, $296,000 for transfer to De- 1954, as amended; and for nonrepayable ad- That the Secretary of Labor is authorized to partmental Management, Office of Inspector vances to the Unemployment Trust Fund as establish and, in accordance with 31 U.S.C. General, and $356,000 for payment into mis- authorized by section 8509 of title 5, United 3302, collect and deposit in the Treasury fees cellaneous receipts for the expenses of the States Code, section 104(d) of Public Law 102– for processing applications and issuing cer- Department of Treasury, for expenses of op- 164, and section 5 of Public Law 103–6, and to tificates under sections 11(d) and 14 of the eration and administration of the Black the ‘‘Federal unemployment benefits and al- Fair Labor Standards Act of 1938, as amend- Lung Benefits program as authorized by sec- lowances’’ account, to remain available until ed (29 U.S.C. 211(d) and 214) and for process- tion 9501(d)(5) of that Act: Provided, That, in September 30, 1999, $392,000,000. ing applications and issuing registrations addition, such amounts as may be necessary In addition, for making repayable advances under title I of the Migrant and Seasonal Ag- may be charged to the subsequent year ap- to the Black Lung Disability Trust Fund in ricultural Worker Protection Act, 29 U.S.C. propriation for the payment of compensa- the current fiscal year after September 15, 1801 et seq. tion, interest, or other benefits for any pe- 1998, for costs incurred by the Black Lung SPECIAL BENEFITS riod subsequent to August 15 of the current Disability Trust Fund in the current fiscal year. year, such sums as may be necessary. (INCLUDING TRANSFER OF FUNDS) OCCUPATIONAL SAFETY AND HEALTH PROGRAM ADMINISTRATION For the payment of compensation, bene- fits, and expenses (except administrative ex- ADMINISTRATION For expenses of administering employment penses) accruing during the current or any SALARIES AND EXPENSES and training programs, $84,308,000, together prior fiscal year authorized by title 5, chap- For necessary expenses for the Occupa- with not to exceed $41,285,000, which may be ter 81 of the United States Code; continu- tional Safety and Health Administration, expended from the Employment Security Ad- ation of benefits as provided for under the $336,205,000, including not to exceed ministration account in the Unemployment head ‘‘Civilian War Benefits’’ in the Federal $77,941,000 which shall be the maximum Trust Fund. Security Agency Appropriation Act, 1947; the amount available for grants to States under PENSION AND WELFARE BENEFITS Employees’ Compensation Commission Ap- section 23(g) of the Occupational Safety and ADMINISTRATION propriation Act, 1944; and sections 4(c) and Health Act, which grants shall be no less SALARIES AND EXPENSES 5(f) of the War Claims Act of 1948 (50 U.S.C. than fifty percent of the costs of State occu- For necessary expenses for the Pension and App. 2012); and 50 per centum of the addi- pational safety and health programs required Welfare Benefits Administration, $82,000,000, tional compensation and benefits required by to be incurred under plans approved by the of which $3,000,000 shall remain available section 10(h) of the Longshore and Harbor Secretary under section 18 of the Occupa- through September 30, 1999 for expenses of Workers’ Compensation Act, as amended, tional Safety and Health Act of 1970; and, in completing the revision of the processing of $201,000,000 together with such amounts as addition, notwithstanding 31 U.S.C. 3302, the employee benefit plan returns. may be necessary to be charged to the subse- Occupational Safety and Health Administra- quent year appropriation for the payment of tion may retain up to $750,000 per fiscal year PENSION BENEFIT GUARANTY CORPORATION compensation and other benefits for any pe- of training institute course tuition fees, oth- PENSION BENEFIT GUARANTY CORPORATION riod subsequent to August 15 of the current erwise authorized by law to be collected, and FUND year: Provided, That amounts appropriated may utilize such sums for occupational safe- The Pension Benefit Guaranty Corporation may be used under section 8104 of title 5, ty and health training and education grants: is authorized to make such expenditures, in- United States Code, by the Secretary to re- Provided, That, notwithstanding 31 U.S.C. cluding financial assistance authorized by imburse an employer, who is not the em- 3302, the Secretary of Labor is authorized, section 104 of Public Law 96–364, within lim- ployer at the time of injury, for portions of during the fiscal year ending September 30, its of funds and borrowing authority avail- the salary of a reemployed, disabled bene- 1998, to collect and retain fees for services able to such Corporation, and in accord with ficiary: Provided further, That balances of re- provided to Nationally Recognized Testing law, and to make such contracts and com- imbursements unobligated on September 30, Laboratories, and may utilize such sums, in mitments without regard to fiscal year limi- 1997, shall remain available until expended accordance with the provisions of 29 U.S.C. tations as provided by section 104 of the Gov- for the payment of compensation, benefits, 9a, to administer national and international ernment Corporation Control Act, as amend- and expenses: Provided further, That in addi- laboratory recognition programs that ensure ed (31 U.S.C. 9104), as may be necessary in tion there shall be transferred to this appro- the safety of equipment and products used by carrying out the program through Septem- priation from the Postal Service and from workers in the workplace: Provided further, ber 30, 1998, for such Corporation: Provided, any other corporation or instrumentality re- That none of the funds appropriated under That not to exceed $10,433,000 shall be avail- quired under section 8147(c) of title 5, United this paragraph shall be obligated or expended able for administrative expenses of the Cor- States Code, to pay an amount for its fair to prescribe, issue, administer, or enforce poration: Provided further, That expenses of share of the cost of administration, such any standard, rule, regulation, or order H6890 CONGRESSIONAL RECORD — HOUSE September 4, 1997 under the Occupational Safety and Health imbursements to State, Federal, and local GENERAL PROVISIONS Act of 1970 which is applicable to any person agencies and their employees for services SEC. 101. None of the funds appropriated in who is engaged in a farming operation which rendered, $327,609,000, of which $15,430,000 this title for the Job Corps shall be used to does not maintain a temporary labor camp shall be for expenses of revising the pay the compensation of an individual, ei- and employs ten or fewer employees: Pro- Consumer Price Index and shall remain ther as direct costs or any proration as an vided further, That no funds appropriated available until September 30, 1999, together indirect cost, at a rate in excess of $125,000. under this paragraph shall be obligated or with not to exceed $52,848,000, which may be expended to administer or enforce any stand- expended from the Employment Security Ad- (TRANSFER OF FUNDS) ard, rule, regulation, or order under the Oc- ministration account in the Unemployment SEC. 102. Not to exceed 1 percent of any dis- cupational Safety and Health Act of 1970 Trust Fund. cretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act, with respect to any employer of ten or fewer DEPARTMENTAL MANAGEMENT employees who is included within a category as amended) which are appropriated for the SALARIES AND EXPENSES having an occupational injury lost workday current fiscal year for the Department of case rate, at the most precise Standard In- For necessary expenses for Departmental Labor in this Act may be transferred be- dustrial Classification Code for which such Management, including the hire of three se- tween appropriations, but no such appropria- data are published, less than the national av- dans, and including up to $4,402,000 for the tion shall be increased by more than 3 per- erage rate as such rates are most recently President’s Committee on Employment of cent by any such transfer: Provided, That the published by the Secretary, acting through People With Disabilities, $152,199,000; to- Appropriations Committees of both Houses the Bureau of Labor Statistics, in accord- gether with not to exceed $282,000, which of Congress are notified at least fifteen days ance with section 24 of that Act (29 U.S.C. may be expended from the Employment Se- in advance of any transfer. 673), except— curity Administration account in the Unem- SEC. 103. Funds shall be available for carry- (1) to provide, as authorized by such Act, ployment Trust Fund: Provided, That no ing out title IV–B of the Job Training Part- consultation, technical assistance, edu- funds made available by this Act may be nership Act, notwithstanding section 427(c) cational and training services, and to con- used by the Solicitor of Labor to participate of that Act, if a Job Corps center fails to duct surveys and studies; in a review in any United States court of ap- meet national performance standards estab- (2) to conduct an inspection or investiga- peals of any decision made by the Benefits lished by the Secretary. tion in response to an employee complaint, Review Board under section 21 of the SEC. 104. None of the funds made available to issue a citation for violations found dur- Longshore and Harbor Workers’ Compensa- in this Act may be used by the Occupational ing such inspection, and to assess a penalty tion Act (33 U.S.C. 921) where such participa- Safety and Health Administration to pro- for violations which are not corrected within tion is precluded by the decision of the Unit- mulgate or issue any proposed or final stand- a reasonable abatement period and for any ed States Supreme Court in Director, Office ard regarding ergonomic protection before willful violations found; of Workers’ Compensation Programs v. New- September 30, 1998: Provided, That nothing in (3) to take any action authorized by such port News Shipbuilding, 115 S. Ct. 1278 (1995): this section shall be construed to limit the Act with respect to imminent dangers; Provided further, That no funds made avail- Occupational Safety and Health Administra- (4) to take any action authorized by such able by this Act may be used by the Sec- tion from issuing voluntary guidelines on Act with respect to health hazards; retary of Labor to review a decision under ergonomic protection or from developing a (5) to take any action authorized by such the Longshore and Harbor Workers’ Com- proposed standard regarding ergonomic pro- Act with respect to a report of an employ- pensation Act (33 U.S.C. 901 et seq.) that has tection: Provided further, That no funds made ment accident which is fatal to one or more been appealed and that has been pending be- available in this Act may be used by the Oc- employees or which results in hospitaliza- fore the Benefits Review Board for more cupational Safety and Health Administra- tion of two or more employees, and to take than 12 months: Provided further, That any tion to enforce voluntary ergonomics guide- any action pursuant to such investigation such decision pending a review by the Bene- lines through section 5 (the general duty authorized by such Act; and fits Review Board for more than one year clause) of the Occupational Safety and (6) to take any action authorized by such shall be considered affirmed by the Benefits Health Act of 1970 (29 U.S.C. 654). Act with respect to complaints of discrimi- Review Board on that date, and shall be con- This title may be cited as the ‘‘Department nation against employees for exercising sidered the final order of the Board for pur- of Labor Appropriations Act, 1998’’. rights under such Act: Provided further, That poses of obtaining a review in the United The CHAIRMAN. Are there amend- the foregoing proviso shall not apply to any States courts of appeals: Provided further, ments to the remainder of title I? person who is engaged in a farming operation That these provisions shall not be applicable PARLIAMENTARY INQUIRY which does not maintain a temporary labor to the review of any decision issued under camp and employs ten or fewer employees. the Black Lung Benefits Act (30 U.S.C. 901 et Mr. RIGGS. Mr. Chairman, I have a seq.). parliamentary inquiry. MINE SAFETY AND HEALTH ADMINISTRATION WORKING CAPITAL FUND The CHAIRMAN. The gentleman will SALARIES AND EXPENSES The paragraph under this heading in Pub- state it. For necessary expenses for the Mine Safety and Health Administration, $199,159,000, in- lic Law 85–67 (29 U.S.C. 563) is amended by Mr. RIGGS. Mr. Chairman, are we cluding purchase and bestowal of certificates striking the last period and inserting after still on title I of the bill? and trophies in connection with mine rescue ‘‘appropriation action’’ the following: ‘‘: Pro- The CHAIRMAN. The remainder of and first-aid work, and the hire of passenger vided further, That the Secretary of Labor title I, from page 11 through page 25. may transfer annually an amount not to ex- motor vehicles; the Secretary is authorized Mr. RIGGS. Mr. Chairman, further to accept lands, buildings, equipment, and ceed $3,000,000 from unobligated balances in the Department’s salaries and expenses ac- parliamentary inquiry. other contributions from public and private The CHAIRMAN. The gentleman will sources and to prosecute projects in coopera- counts, to the unobligated balance of the tion with other agencies, Federal, State, or Working Capital Fund, to be merged with state it. private; the Mine Safety and Health Admin- such Fund and used for the acquisition of Mr. RIGGS. Mr. Chairman, I did not istration is authorized to promote health capital equipment and the improvement of understand that response. Are we now and safety education and training in the financial management, information tech- at the end of title I of the bill? mining community through cooperative pro- nology and other support systems, and to re- The CHAIRMAN. This is the last call grams with States, industry, and safety asso- main available until expended: Provided fur- for title I. ciations; and any funds available to the De- ther, That the unobligated balance of the Fund shall not exceed $20,000,000.’’ Mr. PORTER. Mr. Chairman, I move partment may be used, with the approval of that the Committee do now rise. the Secretary, to provide for the costs of ASSISTANT SECRETARY FOR VETERANS mine rescue and survival operations in the EMPLOYMENT AND TRAINING The motion was agreed to. event of a major disaster: Provided, That Not to exceed $181,955,000 may be derived Accordingly, the Committee rose; none of the funds appropriated under this from the Employment Security Administra- and the Speaker pro tempore (Mr. paragraph shall be obligated or expended to tion account in the Unemployment Trust LAHOOD) having assumed the chair, Mr. carry out section 115 of the Federal Mine Fund to carry out the provisions of 38 U.S.C. GOODLATTE, Chairman of the Commit- Safety and Health Act of 1977 or to carry out 4100–4110A and 4321–4327, and Public Law 103– tee of the Whole House on the State of that portion of section 104(g)(1) of such Act 353, and which shall be available for obliga- the Union, reported that the Commit- relating to the enforcement of any training tion by the States through December 31, 1998. requirements, with respect to shell dredging, tee, having had under consideration OFFICE OF INSPECTOR GENERAL the bill (H.R. 2264) making appropria- or with respect to any sand, gravel, surface For salaries and expenses of the Office of stone, surface clay, colloidal phosphate, or tions for the Departments of Labor, Inspector General in carrying out the provi- Health and Human Services, and Edu- surface limestone mine. sions of the Inspector General Act of 1978, as BUREAU OF LABOR STATISTICS amended, $43,105,000, together with not to ex- cation, and related agencies for the fis- SALARIES AND EXPENSES ceed $3,645,000, which may be expended from cal year ending September 30, 1998, and For necessary expenses for the Bureau of the Employment Security Administration for other purposes, had come to no res- Labor Statistics, including advances or re- account in the Unemployment Trust Fund. olution thereon. September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6891 THE JOURNAL Lipinski Parker Shuster PERMISSION TO INSERT EXTRA- Livingston Paul Sisisky NEOUS MATERIAL ON H.R. 2264, The SPEAKER pro tempore (Mr. Lofgren Paxon Skaggs DEPARTMENTS OF LABOR, LAHOOD). Pursuant to clause 5 of rule I, Lucas Payne Skeen the pending business is the question of Luther Pease Skelton HEALTH AND HUMAN SERVICES, Maloney (CT) Pelosi Smith (MI) AND EDUCATION, AND RELATED agreeing to the Speaker’s approval of Smith (NJ) Manton Peterson (MN) AGENCIES APPROPRIATIONS the Journal. Manzullo Peterson (PA) Smith (OR) Smith (TX) Markey Petri ACT, 1998 The question is on agreeing to the Smith, Adam Martinez Pickering Speaker’s approval of the Journal. Smith, Linda Mr. OBEY. Mr. Speaker, I ask unani- Mascara Pitts Snowbarger mous consent to insert extraneous ma- The question was taken; and the Matsui Pomeroy Snyder terial into the RECORD at the point im- Speaker pro tempore announced that McCarthy (MO) Porter Solomon mediately following my opening state- the ayes appeared to have it. McCarthy (NY) Portman Souder Mr. MILLER of California. Mr. McCollum Price (NC) Spence ment on H.R. 2264, the Departments of Speaker, I object to the vote on the McCrery Quinn Spratt Labor, Health and Human Services, McDermott Radanovich Stabenow and Education, and Related Agencies ground that a quorum is not present McGovern Rahall Stark and make the point of order that a McHale Rangel Stearns Appropriations Act, 1998. quorum is not present. McHugh Redmond Strickland The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Evi- McInnis Regula Stump LAHOOD). Is there objection to the re- McIntosh Reyes Sununu quest of the gentleman from Wiscon- dently a quorum is not present. McIntyre Riggs Talent The Sergeant at Arms will notify ab- Tanner sin? McKeon Riley There was no objection. sent Members. McKinney Rivers Tauscher Tauzin Meehan Rodriguez f The vote was taken by electronic de- Thomas Meek Roemer vice, and there were—yeas 363, nays 46, Thornberry Menendez Rogan REMOVAL OF NAME OF MEMBER not voting 24, as follows: Thune AS COSPONSOR OF H.R. 1984 Metcalf Rogers Thurman [Roll No. 365] Mica Rohrabacher Tiahrt Mr. GILMAN. Mr. Speaker, I ask Millender- Ros-Lehtinen YEAS—363 Tierney unanimous consent to be removed as a McDonald Rothman Torres Ackerman Cooksey Gutierrez Miller (FL) Roukema Traficant cosponsor of H.R. 1984. Aderholt Costello Hall (OH) Minge Roybal-Allard Turner The SPEAKER pro tempore. Is there Allen Cox Hall (TX) Mink Royce Upton objection to the request of the gen- Andrews Coyne Hamilton Moakley Rush Velazquez tleman from New York? Archer Cramer Hansen Mollohan Ryun Vento Armey Crane Hastert Moran (VA) Salmon Walsh There was no objection. Bachus Crapo Hastings (FL) Morella Sanchez Wamp f Baesler Cubin Hastings (WA) Murtha Sanders Watkins Baker Cummings Hayworth b Myrick Sandlin Watt (NC) 2030 Baldacci Cunningham Hefner Watts (OK) Ballenger Danner Herger Nadler Sanford MOTION TO INSTRUCT CONFEREES Neal Sawyer Waxman Barcia Davis (FL) Hinchey Weldon (FL) Nethercutt Saxton ON H.R. 1119, NATIONAL DEFENSE Barr Davis (IL) Hinojosa Weldon (PA) Ney Scarborough AUTHORIZATION ACT FOR FIS- Barrett (NE) Deal Hobson Wexler Northup Schaefer, Dan Barrett (WI) DeGette Hoekstra Weygand CAL YEAR 1998 Norwood Bartlett Delahunt Holden Schumer White Mr. TRAFICANT. Mr. Speaker, I Barton DeLauro Hooley Nussle Scott Whitfield offer a motion to instruct conferees on Bass Dellums Horn Obey Sensenbrenner Wicker Bateman Deutsch Hostettler Olver Serrano Wise the bill, H.R. 1119, to authorize appro- Becerra Diaz-Balart Houghton Ortiz Sessions Wolf priations for fiscal years 1998 and 1999 Bentsen Dickey Hoyer Owens Shadegg Woolsey for military activities of the Depart- Bereuter Dingell Hunter Oxley Shaw Berman Dixon Hutchinson Packard Shays ment of Defense, to prescribe military Berry Dooley Hyde Pallone Sherman personnel strengths for fiscal years 1998 Bilbray Doolittle Inglis Pappas Shimkus and 1999, and for other purposes. Bilirakis Doyle Istook The SPEAKER pro tempore (Mr. Bishop Dreier Jackson (IL) NAYS—46 Blagojevich Duncan Jackson-Lee LAHOOD). The Clerk will report the mo- Bliley Dunn (TX) Abercrombie Hill Pombo tion. Blumenauer Edwards Jefferson Borski Hilleary Poshard The Clerk read as follows: Blunt Ehlers Jenkins Brown (CA) Hilliard Ramstad Boehlert Ehrlich John Clay Hulshof Sabo Mr. TRAFICANT moves that the conferees on Boehner Emerson Johnson (CT) Clyburn Johnson, E. B. Schaffer, Bob the part of the House on the bill, H.R. 1119 be Bonilla Engel Johnson (WI) DeFazio Kucinich Slaughter instructed to insist upon the provisions of Bonior Eshoo Johnson, Sam Doggett LoBiondo Stenholm section 1032 of the House bill relating to the Boswell Etheridge Jones English Lowey Stupak assignment of Department of Defense person- Boyd Evans Kanjorski Ensign Maloney (NY) Taylor (MS) Brady Everett Kaptur Fazio McNulty Thompson nel to border patrol and control. Brown (FL) Ewing Kasich Filner Miller (CA) Visclosky Mr. TRAFICANT. Mr. Speaker, I ask Brown (OH) Farr Kelly Fox Moran (KS) Waters unanimous consent if there is a re- Bryant Fattah Kennedy (MA) Gephardt Oberstar Weller Bunning Fawell Kennedy (RI) Gibbons Pascrell Wynn corded vote requested that that request Burr Flake Kennelly Gutknecht Pastor be deposed of tomorrow at the schedule Burton Foley Kildee Hefley Pickett of the leadership. Callahan Forbes Kilpatrick The SPEAKER pro tempore. Is there Calvert Ford Kim NOT VOTING—24 Camp Fowler Kind (WI) objection to the request of the gen- Campbell Frank (MA) Kingston Bono Furse Pryce (OH) tleman from Ohio? Canady Franks (NJ) Kleczka Boucher Gonzalez Schiff Buyer Goodling Stokes There was no objection. Cannon Frelinghuysen Klink The SPEAKER pro tempore. The gen- Capps Frost Klug Clayton Harman Taylor (NC) Cardin Gallegly Knollenberg Davis (VA) King (NY) Towns tleman from Ohio [Mr. TRAFICANT] is Carson Ganske Kolbe DeLay Lantos Yates recognized for 30 minutes. Castle Gejdenson LaFalce Dicks McDade Young (AK) PARLIAMENTARY INQUIRY Chabot Gekas LaHood Foglietta Neumann Young (FL) Chambliss Gilchrest Lampson Mr. REYES. Mr. Speaker, I have a Chenoweth Gillmor Largent b 2026 parliamentary inquiry. Christensen Gilman Latham The SPEAKER pro tempore. The gen- Clement Goode LaTourette Coble Goodlatte Lazio Mr. NETHERCUTT changed his vote tleman will state it. Coburn Gordon Leach from ‘‘nay’’ to ‘‘yea.’’ Mr. REYES. Mr. Speaker, under the Collins Goss Levin rules when there are two proponents of So the Journal was approved. Combest Graham Lewis (CA) the motion which have been recog- Condit Granger Lewis (GA) Conyers Green Lewis (KY) The result of the vote was announced nized, is one-third of the time allotted Cook Greenwood Linder as above recorded. to a Member in opposition? H6892 CONGRESSIONAL RECORD — HOUSE September 4, 1997 The SPEAKER pro tempore. Is the in reducing the flow of drugs into our Mr. SPENCE. Mr. Speaker, I yield 2 gentleman from South Carolina [Mr. country. In this bill, I commend the minutes to the gentleman from Califor- SPENCE] opposed to the motion? gentleman from Ohio for his work in nia [Mr. BILBRAY]. Mr. SPENCE. No, I am not, Mr. bringing additional visibility to this Mr. BILBRAY. Mr. Speaker, I rise in Speaker. serious and important problem. support of the resolution, a very mod- The SPEAKER pro tempore. Under Mr. Speaker, I reserve the balance of erate proposal, probably the most mod- the rule, the time will be divided 3 my time. erate proposal the gentleman from ways. The gentleman from Ohio [Mr. Mr. REYES. Mr. Speaker, I yield my- Ohio has ever presented while I have TRAFICANT], the gentleman from South self 3 minutes. been on this floor. It does not say that Carolina [Mr. SPENCE], and the gen- Mr. Speaker, this was a bad idea we shall put troops at the border to se- tleman from Texas [Mr. REYES] each when it was first proposed, it was an cure our national frontiers like the Re- will control 20 minutes. idea that we really did not get a chance public of Mexico has done. The Repub- The Chair recognizes the gentleman to fully debate. I think tonight I rise in lic of Mexico has felt it is so important from Ohio [Mr. TRAFICANT]. opposition because we are all con- to fight the drug and the illegal activi- Mr. TRAFICANT. Mr. Speaker, I cerned about illegal entries into this ties along the border, they have placed yield myself such time as I may country. We are all concerned about their troops at the border. consume. drug trafficking. We are all concerned No, this proposal, Mr. Speaker, does This passed the House by an over- about the attacks on our various not say that. This proposal is so mod- whelming 2 to 1 margin. There has been neighborhoods. This is a bad idea from erate that it only says that if the ad- debate of ethnic bias on my behalf. my personal experience because I spent ministration feels it is absolutely es- That has bothered me. There have been 261⁄2 years patrolling the border. sential to protect the sovereignty of talks that they would just simply strip The gentleman from Ohio makes the United States, to enforce its laws, it out in conference. That has bothered mention that we have got about 9,000 to basically be able to secure our bor- me. I pose the question to the Congress Border Patrol agents patrolling our ders, then under their discretion, under of the United States, Congress and Fed- borders. I should remind my colleagues eral Government, the White House said the President’s discretion and his ad- that we have a plan that will increase there will be no Cuban cigars and by ministration, then they may if they the number of Border Patrol agents by God there are none in America. Why is want to use it. The gentleman from 1,000 agents per year until 2001, at it that 10-year-olds in every major city Ohio is not mandating any operations which time we will reevaluate the ef- of America can get heroin and cocaine at any borders or any ports. He is au- fectiveness of that increase. as easily as they can get aspirin? thorizing that the President in his I think tonight it is important that On the issue of Mexicans and Mexi- good judgment, if it is needed in a cri- can-Americans, that is a nonissue to my colleagues realize that this pro- sis, will have a resource available to me. The issue to me is if you are com- posal does not restrict the utilization him that Congress has ignored for too ing into this country illegally, you of the military to our southern border. long. should not be. And we have a pitiful I think it is important that if you are Mr. Speaker, let us ask the American record in dealing with illegal immigra- one of my colleagues from Idaho, you people, is it so bad, is it so absurd to tion. I heard a lot of talk about a war should worry about this proposal. If think that American troops that travel on drugs. We have really gotten tough. you represent Minnesota, you should all around the world to defend the bor- We do not have a director of drug af- also worry. If you represent the State ders and the frontiers of many, many fairs. We have a drug czar. The drug of New York, you should be concerned. countries for decades, that are in for- czar, to show the power and the clout, If you are a Representative from the eign countries all over the globe today, is a retired general. West Coast or from the coast of Flor- is it so wrong to think that those same I want to submit to Congress, you ida, you should be concerned about troops may, if the President thinks it have wide open borders. There are 6,800 what this kind of proposal might do to is essential, have the right to defend Border Patrol. The White House admits our neighborhoods. the soil that they are born in and that that we need 25,000 to adequately han- It is important that we keep things the taxpayers of that soil are paying dle the border. The Traficant amend- in perspective and that we understand for their salaries? Is it so wrong to ment to the defense bill is rather calm that the only rational, reasonable way have American troops be authorized to and moderate. It does not mandate the that we are going to combat illegal im- defend their American soil? use of troops. It simply authorizes migration, drug trafficking, and all of Mr. Speaker, I give you that. The them, and the administration in an the associated concerns that we have gentleman from Ohio is not only mod- emergency need must request them. about our international borders is to erate and reasonable, I think he is in- And if they in fact are deployed there, hire additional professional bilingual telligent beyond the level that this they shall have no arrest powers, sim- agents. House has been willing to accept in the ply to detain for civil law enforcement It is very important that we keep in past. Common sense says this moderate to make those arrests. context the fact that on our southern proposal is not only our right as a Mr. Speaker, I reserve the balance of border, while we may have a serious House of Representatives, Mr. Speaker, my time. problem today, that problem may shift it is our responsibility of the represent- Mr. SPENCE. Mr. Speaker, I yield to the Canadian border tomorrow. That atives of the people that we say we rep- myself such time as I may consume. problem may manifest itself on the resent. Mr. Speaker, I voted in favor of this West Coast or the East Coast next year PARLIAMENTARY INQUIRY provision when it was offered as an or 2 years from now. We are opening up Mr. TRAFICANT. Mr. Speaker, I amendment to H.R. 1119. We have since a situation where Representatives from have a parliamentary inquiry. begun conference with the Senate on throughout this country that represent The SPEAKER pro tempore. The gen- this legislation. Over the past several districts contiguous to international tleman will state it. weeks, objections have been raised to boundaries will be in a position to have Mr. TRAFICANT. Who has the right this provision expanding the Secretary to answer to the people that elect them to close this debate, Mr. Speaker? of Defense’s authority to assign up to why we are deploying soldiers to do a The SPEAKER pro tempore. The gen- 10,000 DOD personnel to assist INS and job that should be done by professional tleman from Ohio has the right to the United States Customs Service on law enforcement officers. close. the U.S. border. Even though this pro- We are also jeopardizing with this Mr. TRAFICANT. Mr. Speaker, I vision is likely to remain a contentious proposal the very soldiers that we are have at this point reserved the balance issue in conference, I will continue to deploying to protect us under this type of my time. work with interested Members to sup- of solution. It is important that we rec- Mr. REYES. Mr. Speaker, I yield 21⁄2 port the House position as we do in all ognize that there is a serious problem minutes to the gentleman from Texas matters before the conference. that needs a rational decision. [Mr. RODRIGUEZ]. Mr. Speaker, I remain supportive of Mr. Speaker, I reserve the balance of Mr. RODRIGUEZ. Mr. Speaker, let the role of the Department of Defense my time. me first indicate, I think one of the September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6893 things that we need to look at is the Year 1998. Our military is the world's best my colleagues to vote against this motion to whole issue of readiness. I am on the trained fighting force; they are not police offi- instruct conferees. The placement of up to Committee on National Security. One cers and they are not border patrol agents. 10,000 soldiers on our borders is a dangerous of the things that we have been in- They are trained to fight, and we risk grave proposal that could have deadly con- formed is that those 10,000 troops are consequences by deploying them on American sequences for border residents. We must re- going to cost us $650 million. I want my soil. Such a dramatic increase of troops on the member who were are protecting. colleagues to think about that. border is a dangerous proposal that will put Mr. SPENCE. Mr. Speaker, I yield 11⁄2 Second, as the gentleman rose and border residents in danger and reduce military minutes to the gentlewoman from New talked about what is so wrong about readiness. Jersey [Mrs. ROUKEMA]. defending our country, we are there to During the August break I travelled through- (Mrs. Roukema asked and was given defend our country. out my district in South Texas, including coun- permission to revise and extend her re- ties I represent along the U.S.-Mexico border. marks.) b 2045 At every meeting, residents of the border re- Mrs. ROUKEMA. Mr. Speaker, I just But do we want troops there that gion expressed overwhelming opposition to want to commend. I did not realize might jeopardize our own citizens, as the proposal to increase the number of sol- that the gentleman’s amendment was has already happened? That is what we diers on the border. The residents expressed coming up now, my colleague’s, the are concerned about. concerns that the soldiers are unfamiliar with gentleman from Ohio [Mr. TRAFICANT], When I went up there during the last the people and the area, are not trained to but I want to commend him for this. I 30 days, I had an opportunity to travel deal with the complexities of immigration along heard his presentation on the Jim through my district, and it goes all the the border, and may not be bilingual. Border Lehrer news broadcast about a week or way to the Rio Grande, and, yes, they residents, just like everyone else, want to stop two ago, and it was very coherent. are against drugs, by the way, and, yes, the influx of illegal drugs and believe in stop- I do not believe what I am hearing they are against immigration, illegal ping the flow of undocumented immigrants. here, that the same people that have immigration, and there is a need for us But the solution they support is more Border been carrying on the program, whether to respond. But they have also indi- Patrol agents. The recently implemented Op- it is Border Patrol or INS, are being cated that they would prefer to have eration Rio Grande is a first step toward that looked to to save us from what has be- Border Patrol people handle that, indi- goal. come a war zone on our borders. We are viduals that are well-trained to be able Last May, an 18 year old boy was killed by talking about war zones whether it is to deal with that. a Marine assisting Border Patrol agents near illegal immigration or, more directly, When we talk about drugs, we are Redford, Texas. This tragic incident highlights the drug war that is going on there. going to need sophisticated individuals the complexities of placing soldiers on the bor- And I am telling my colleagues they who will be able to handle and know der and the potential harm to border residents. have not done well for this country the terrain, know the area. We run the It is no wonder that the Departments of De- under the present circumstances with risk of having incidents that would fense and Justice and the Immigration and the present personnel. occur that happened to that young Naturalization Service all oppose this pro- The time is long passed for us to do man, Mr. Hernandez, unfortunate inci- posal. The Border Patrol has nearly 7,000 this. It is common sense, and if there dent where one American citizen got agents patrolling our nation's borders and are problems with the rest of the mili- killed. We should not jeopardize that to Congress has authorized an additional 1,000 tary preparedness, then let us fix that. occur, and we should do every effort to agents every year until 2001. The San Antonio But I will tell my colleagues, someone make sure that that does not happen. Express-News pointed out that the Redford in- asked the question, the previous speak- I also want to inform my colleagues cident may be isolated but warned against de- er asked the question, do I want those that both the Department of Justice ploying soldiers into an area lawfully and people in my backyard or in New Jer- has considered this very inappropriate peacefully used by private citizens. sey. I tell him I do not. I do not want Mr. Speaker, I serve on the House National and is not in support; the Department my children or my grandchildren to be Security Readiness Subcommittee and the of Defense has indicated, and I would accosted, and to have to face the influx Readiness Panel of the Defense Authorization like to read some of the things that of drugs, the invasion. It is an invasion Conference Committee. At a time when readi- they have said. The general counsel of and it is a war as much as anything is the Department of Defense warned in a ness concerns and the increased operation tempo of our military are at their highest we a war. We can go to Somalia, we can go letter to the Committee on National to Bosnia, we can go to the Ukraine; I Security chairman, the gentleman cannot afford to pull 10,000 men and women away from their posts to do the work of Border am telling my colleagues we need them from South Carolina [Mr. SPENCE], that Patrol agents. The military can provide assist- right here to protect our families and the troops that work along the border ance in numerous ways without this unwar- to do the right thing. We cannot. Obvi- are of minimal value to military readi- ranted diversion of troops. ously, the existing personnel have ness and detract from the training with The General Counsel of the Department of failed us dreadfully. war-fighting equipment for war-fight- Defense warned in a letter to National Security Mr. REYES. Mr. Speaker, I yield 1 ing missions. This lack of training Committee Chairman Spence that the troops' minute to the gentleman from Florida would directly reduce unit readiness. work along the border are of minimal value to [Mr. DAVIS]. If we look at it in addition to the De- military readiness and detract from training Mr. DAVIS of Florida. Mr. Speaker, I partment of Defense, they have indi- with warfighting equipment for warfighting mis- rise in opposition to this well-inten- cated that this is not the right thing to sions. This lack of training would directly re- tioned but ill-advised amendment. My do. duce unit readiness levels and would extend State, Florida, like Texas and many The INS has also indicated that they the time required before these personnel could coastal States, faces challenges in con- would prefer to handle this in a way be deployed to support contingency oper- trolling our border, but the answer lies that the Border Patrol is involved, and ations. The General Counsel summed up his in strengthening the Border Patrol to I want to ask my colleagues: Would concerns be stating that the proposal would solve this problem. you want to see troops in your own reduce the level of military preparedness and As the sponsor of the amendment has neighborhoods, in your own commu- overall combat effectiveness of the Armed alluded to, if we have 6,800 Border Pa- nity, people that might not know the Forces. trol officers not taking care of the area? I would ask that you seriously The Department of Defense estimates that problem, let us increase the number of consider that because I would think the placement of 10,000 soldiers on the bor- Border Patrol officers. There has been you would not want them in Ohio, in der would cost in excess of $650 million per no evidence offered to suggest that your own back yard. year. This enormous sum could be put to bet- these people, these men and women, Mr. Speaker, as a member of the National ter use ensuring Border Patrol agents are are not qualified to do their jobs. Security Committee, I opposed the amend- properly trained and have the resources need- The answer does not lie in diverting ment to authorize up to 10,000 additional ed to enforce our Nation's laws and to protect up to 10,000 additional military troops troops on the border, and today I rise to op- themselves. to handle this function, and as the pose this motion to instruct conferees on the Mr. Speaker, I, and the tens of thousands of sponsor of the amendment has men- National Defense Authorization Act for Fiscal residents I represent along the border, urge tioned, the amendment would have the H6894 CONGRESSIONAL RECORD — HOUSE September 4, 1997 effect of authorizing the Department of would require a further stretching of Mr. TRAFICANT. The gentleman Defense to use these additional person- personnel resources to cover their ab- from Michigan is not for this. He nel in an emergency situation. If this is sence thereby expanding and increasing should get time over here. I am going such a problem, these additional per- operational tempo and stressing the to reserve my time. sonnel should not be there just for American military personnel. Mr. REYES. Mr. Speaker, I yield 1 emergencies, they should be there all Fourthly, if the Congress, and I have minute to the gentleman from Michi- the time. We should be strengthening said to my distinguished colleague gan [Mr. CONYERS]. the number of Border Patrol agents from Ohio, particularly where it is Mr. CONYERS. If I could continue down there, not trying to have addi- dealing with the question of drugs and my dialog with my friend from Ohio, tional people down there who have not the impact of drugs and the scourge of Mr. Speaker, perhaps the Committee been trained to do the job and only drugs in our community, that I agree on the Judiciary might be of some as- using them in emergency situations. with his ultimate goal. Where I am de- sistance because I think it may be im- The Department of Defense has esti- bating and stand in opposition to the portant based on the discussions going mated that the diversion of up to 10,000 gentleman is how he seeks to do it. If on here tonight; I mean, if INS is not troops could cost as much as $650 mil- the Congress feels that the Immigra- doing the right thing, that is a matter lion. Let us use a more cost-effective tion and Naturalization Service and that we who have oversight jurisdic- approach. Let us beef up the Border Pa- the Customs Service are indeed under- tion over them ought to be put on no- trol. staffed, then the appropriate place to tice. If, on the other hand, the INS is Mr. SPENCE. Mr. Speaker, I yield 4 address these shortfalls are the Depart- ineffective because of the fact that minutes to the gentleman from Califor- ment of Justice and the Department of they are overwhelmed by the nature of nia [Mr. DELLUMS], the ranking mem- Treasury, not by further tasking the the task and they are short of person- ber on the committee. Department of Defense. nel, then that, as the gentleman can Mr. DELLUMS. Mr. Speaker, I rise in So, in conclusion, I would urge my appreciate, is another matter. opposition to the motion to instruct colleagues to rethink this matter. This So I would ask him to indulge me in conferees on this matter, and in so is a significant step. Posse comitatus is trying to provide some assistance for doing I would like to first congratulate an important principle that we have him on that matter. my distinguished colleague from Texas embraced in this society, and that is to Mr. TRAFICANT. Mr. Speaker, will [Mr. REYES] for his very thoughtful re- keep the military military and keep the gentleman yield? sponse to the proposition that is before the issue of civilian policing civilian Mr. CONYERS. I yield to the gen- us. and not military. When we step across tleman from Ohio. I would now like to make four rather that line, we have made a significant Mr. TRAFICANT. Mr. Speaker, I can succinct points, Mr. Speaker. step. notify they passed an amendment to First, in moments of significant This is a moment of significance, the Foreign Ops bill 2 years ago. It problems and high emotion and ex- drama, high emotion, very hot rhet- called for a study of the effectiveness traordinary rhetoric, sometimes it is oric, but it is important for us to come of our Border Patrol programs and the burden of responsibility of leader- back to those themes and those prin- they are now under way. 1⁄2 ship to try to focus on significant prin- ciples that have made the United Mr. REYES. Mr. Speaker, I yield 3 minutes to the gentleman from Texas ciples. I would assert, and assert ag- States what it is, and an important de- [Mr. ORTIZ]. gressively here, that the beauty of this mocracy and civilian control of the po- (Mr. ORTIZ asked and was given per- country, the beauty of this Nation, the lice function is a significant part of mission to revise and extend his re- beauty of the United States, Mr. that principle. Mr. TRAFICANT. Mr. Speaker, I marks.) Speaker, is that under the law in the yield 1 minute to the distinguished Mr. ORTIZ. Mr. Speaker, I rise in op- United States law enforcement is left gentleman from Michigan [Mr. CON- position to my good friend, an exchair to the civilian Department of Justice YERS]. like me. Today, I think that his inten- and its agencies as it should be. Mr. CONYERS. Mr. Speaker, could tions are very, very good. I would remind my colleagues that my friend from Ohio [Mr. TRAFICANT] I was in the military as well, and I the United States military is precluded tell me if he has requested additional was trained as a military officer where from becoming a quasi police force, and personnel for INS, or is it that he feels I defended my country, whoever I was we were thoughtful about that, and we that the INS is incapable of discharg- defending to kill the enemy, and as a should be very, very circumspect when ing its duty? military veteran and as a former law we consider the proposition of crossing Mr. TRAFICANT. Mr. Chairman, will enforcement officer, I understand the that significant line. the gentleman yield? unique perspective of those who strive Thirdly, Mr. Speaker, I would also re- Mr. CONYERS. I yield to the gen- to keep the peace on the border and the mind my colleagues that countries in tleman from Ohio. view of those in Congress who believe which the military police its citizens Mr. TRAFICANT. I am not so sure. we should put resources we already are countries lent to oppression by All I know is they are not successful. have in a place that they are needed. that military. We have all seen it re- Mr. CONYERS. That being the case, And it is not that we do not need more plete through the pages and the annals could I be of some assistance as a hum- people. If we feel that we need 10,000 of time and history. ble member of the Committee on the more people on the border, let us get Second important point: The U.S. Judiciary to provide the gentleman qualified people to do the job. military is already engaged to the tune with some insight as to their effective- The missions are distinctively dif- of more than $800 million per year in ness or whether we can get additional ferent. The military, as when I was in assisting law enforcement into areas of personnel? the military, are trained differently, as drug interdiction and border security, Mr. TRAFICANT. I am familiar with we are in law enforcement. For 50 years mostly with high technology assets at the debate and the additional appro- the United States spent millions of dol- their disposal. In this gentleman’s priations, and I still believe they fall lars and our energy on fighting the war opinion, there is no need for us to in- far short with the massive amount of against communism, and in 1989 we saw crease this level of support. narcotics and the number of illegal im- the Berlin Wall come down. Thirdly, all of us, many of us on the migrants running across our border, b floor of Congress have talked about the and the INS has, in fact, allowed 80,000 2100 operational tempo that many believe is criminals in because they allowed It would be a mistake of enormous crippling the American military forces them to do their own fingerprints. proportions if we erected our own wall as we downsize. I would suggest that The SPEAKER pro tempore (Mr. along our southern border in the form that operation tempo is already ex- LAHOOD). The time of the gentleman of the military. Mexico is our neighbor, traordinarily high. To have as many as from Michigan [Mr. CONYERS] has ex- friend, and economic partner. It would 10,000 military personnel pulled away pired. be a mistake to station troops who from their current assignments to as- Mr. CONYERS. Would the gentleman have been trained to kill the enemy on sist with law enforcement matters yield for an additional question? the international border. September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6895 We should also consider the damage interests of this Nation. Surely we can Mr. SPENCE. Mr. Speaker, I yield 1 to the readiness of the U.S. military take action when the freedom and loss minute to the gentleman from Califor- when our soldiers get away from their of it occurs right in our own backyard. nia [Mr. BILBRAY]. mission. It would be a great mistake to Mr. Speaker, I encourage the con- Mr. TRAFICANT. Mr. Speaker, I do that. ferees to stand firm on this. yield 2 minutes to the gentleman from We are not for illegal immigration. Mr. TRAFICANT. Mr. Speaker, I California. In fact, I believe in strengthening our yield myself 1 minute. The SPEAKER pro tempore [Mr. border, but with people who are well The gentleman from Texas [Mr. LAHOOD]. The gentleman from Califor- trained, who are qualified to do just ORTIZ] said the military is trained to nia [Mr. BILBRAY] is recognized for 3 that. We do not want to put a Band-Aid kill. I want to advise the gentleman minutes. on one problem, only to create a new that our military is giving vaccina- Mr. BILBRAY. Mr. Speaker, the gen- one where we forfeit the civil rights tions, rabies vaccinations, to dogs in tleman from Texas asked the question, process in the United States. Haiti right now. They are building would we want troops in our neighbor- I think that, yes, we do need help. homes in Haiti. They are guarding the hoods? I live within sight of the border. War zones are not only in south Texas. borders in Bosnia and the Middle East. I am probably the closest, maybe the We find war zones right here in Wash- To the gentleman from Texas, it is a gentleman from El Paso, a quarter ington, in many neighborhoods. This is tragic killing of that young Mexican- mile from the border. the wrong approach. American, but over 200 illegal immi- Let me assure Members as somebody My friend knows that I have worked grants have been killed at the border. who has seen the death and destruc- with him on many, many other issues. Evidently there is not one bit of deter- tion, seen the assassinations by the As a result of the troops being sta- rence at our border. How many more il- drug cartels, and somebody who lives tioned on the border, one young Amer- legal immigrants will be killed trying not only north of the border, but north to cross the border if we do not man- ican citizen was killed. of a military installation, I would When I talk to immigrants who come date any troops? These arguments do much rather see my children tonight here from Mexico and other Central not wash. being defended by American troops Now, for the cost of the $650 million, American countries and other coun- than to be exposed to the drugs and the are our military troops paid now? Are tries around the world, they do not violent activity that is going on along we just creating a new code? Are they the border. want to stay here. They would like to deployed now? Are they cashing their But we are not talking about that, go back to their countries, but because checks in Frankfort and Tokyo and Mr. Speaker. We are talking about giv- of the economic problems that they going for dinner and lunch? have, they come to this great Nation. ing the President the option. What are Mr. REYES. Mr. Speaker, I yield 11⁄2 This is why I support GATT, this is minutes to the gentleman from Ari- Members so scared of? Is it that the ar- gument is so logical, so rational, that why I support NAFTA, because this zona [Mr. PASTOR]. will take care of some of the problems (Mr. PASTOR asked and was given they fear that we even discuss this ra- they face. permission to revise and extend his re- tionale? Vote against this amendment. marks.) I would say to my colleague, there Mr. SPENCE. Mr. Speaker, I yield 2 Mr. PASTOR. Mr. Speaker, on occa- are troops at the border today, all minutes to the gentleman from Texas, sion, Members, when they take the along the border. Nobody stood up and Mr. SAM JOHNSON. floor, talk about the families they rep- protested the troops being placed at Mr. SAM JOHNSON of Texas. Mr. resent and what their position is. I the border, and not one Member here Speaker, I hate to be against some of have heard a lot about the Collins fam- protested the troops being at the bor- my colleagues from Texas, whom I ily from Georgia. So I thought I would der. really revere. share some of the feelings that the peo- Those troops are the Republic of I will say, we have got a problem on ple have along the border. Mexico’s troops, Mr. Speaker. The Re- the border, and drug traffic is taking I represent the border in Arizona, public of Mexico saw the conditions over and our Nation’s security is at from Nogales to San Luis, and I have along the border were getting out of risk. Homes and lands have been taken to say that supervisors, mayors, coun- control and that they needed to take over by drug lords, Members know cilmen and average Americans who live some action. They took appropriate ac- that. We have not done anything to on the border are also concerned about tion. They were not racist, they were help them. We have tried to put more the traffic of drugs into this country, not anti-American, they were prolaw agents down there, and we cannot seem and they commend us for the addi- enforcement, and the troops at the bor- to get it through the House and get tional resources we have given, not der in Mexico are appropriate for the more money to do it. only in Customs, Border Patrol and crisis that Mexico has recognized. Are we to let that border go awry? I other law enforcement; and they would We are not proposing that we put think America needs to protect its bor- like to see that continued. troops there today, but we do recognize ders, and this motion will reinforce They are also concerned about the and ask Members to recognize that the that. traffic of undocumented people coming President may recognize in the future Do you know what? The drugs have into this country, and they applaud the need to have an extra reserve to ad- moved, the drug ops have moved, from this Congress for the additional Border dress a crisis that is coming on faster Colombia to Mexico. We all are aware Patrol agents and other resources we than most of us in Washington want to of that. Guess what? They target the have given them. admit. United States as a drug target. But they are very scared about hav- Mr. Speaker, I call on Members One of the cities that is really suffer- ing military placed on the border in again, quit finding excuses for doing ing is one that I happen to represent, their communities. They understand the right thing. Quit saying we do not Plano, TX. We had two guys come in that the military is not trained for law want to have a fence, we do not want to from California the other day and they enforcement, and so they ask, please have borders, we do not want to have said they could not believe it. They consider their wishes, please consider this or that. Just do the right thing, sensed there was a drug problem, we their concerns as we fight the entry of enforce the law, and let us have safe know we have a drug problem, and illegal drugs with law enforcement. borders, good fences, but large gates. guess what? It is all coming across the They also ask this Congress to look Let us encourage the legal activity, border. at the different programs that we need discourage and stop the illegal activ- I think the situation is dire enough to implement, not only at the border, ity; and let us learn, even from our where we would be irresponsible if we but throughout this country, that friends from the south, that sometimes did not address it now. would stop, eradicate, the desire of appropriate action means taking We created the military to protect American citizens for the intake of strong, firm action. our Nation and its borders. We have drugs. Mr. REYES. Mr. Speaker, I yield 11⁄2 troops all over the world, for crying Mr. Speaker, I would ask consider- minutes to the gentleman from Texas out loud, theoretically protecting the ation in opposition to this amendment. [Mr. EDWARDS]. H6896 CONGRESSIONAL RECORD — HOUSE September 4, 1997 Mr. EDWARDS. Mr. Speaker, I rep- Mr. BONILLA. Mr. Speaker, there is Jr., was in fact shot to death in the resent the largest populated Army in- no Member in this body who represents tiny west Texas border town of Redford stallation in America, cochair the a larger portion of the Mexican border when he was mistaken by a Marine cor- House Army Caucus, and in my opinion than I do. I have almost 800 miles of poral for one of the armed scouts who the Army does not need this job. The the Texas-Mexico border in my con- typically act as advance guards for Army does not want this job, the Army gressional district. drug smugglers. cannot afford this job, and the Army I oppose this motion, not because I I am certain most of the Members in should not have this job. am against enforcing our borders. In this Chamber have heard of this tragic To give the military, the military, a fact, we do have a war zone in some incident. One such death is one too major role in American domestic af- portions of my district with drugs and many. Just say no to the Traficant mo- fairs, is a major change in long-stand- illegal aliens swarming across the tion. ing national policy. To pass it under river. But today’s vote is not about Mr. REYES. Mr. Speaker, I yield 2 any circumstances, I think is wrong. having our military support the Border minutes to my colleague, the gen- To pass it without a hearing by the Na- Patrol; they already do that. This is tleman from California [Mr. BECERRA]. tional Security Committee is abso- about having the military replace the (Mr. BECERRA asked and was given lutely irresponsible. Border Patrol along the Mexican bor- permission to revise and extend his re- Mr. Speaker, there are two more seri- der. marks.) ous problems caused by this amend- As I said, we do have a war zone, but Mr. BECERRA. Mr. Speaker, I thank ment. First, it undermines our na- this is a situation that could magnify the gentleman for yielding time to me. tional security. The job of the U.S. in the future. Instead of having police Mr. Speaker, there is an old saying, Army is to train soldiers to fight bat- officers doing their job where they those who do not study history are tles and win wars. In the last several should be, we could have tanks and bound to repeat its mistakes. What has years, we have downsized the active troops stationed at every street corner history taught us? We know that on duty Army from 18 divisions to 10 divi- of America when there is a crime prob- May 20 of this year, an 18-year-old U.S. sions. We could not even fight Desert lem, in Detroit, Philadelphia, Miami or citizen, Ezequiel Hernandez, of Storm the same way today as we did New York, and we do not want that. Redford, TX, who was tending his goats just a few years ago. I oppose peacekeeping missions in was shot and killed by a Marine who Yet to take 10,000 Army soldiers out Bosnia, Somalia, Haiti, and any other was engaged in drug interdiction ef- of training, out of combat training, and corner of the world, and I also oppose forts along the borders. He was the put them on the borders, along brush peacekeeping along the Mexican bor- first American to be killed on U.S. soil country in Texas and Arizona and Cali- der. We do not need troops down there, by American troops since the 1970 Kent fornia, is absolutely the same as we need to get together and support State incident. downsizing the Army by 10,000 soldiers. sending 10,000 new Border Patrol We know we already have 7,000 Bor- Some may want to do that in this agents along the border to enforce our der Patrol agents patrolling the bor- Chamber; I certainly do not. laws. That is how we can deal with this ders, and we are going to have an addi- The second problem is this: The aver- problem. tional 1,000 Border Patrol agents for age Army soldier spends 138 days away That is where the administration has the next 4 years added to the force. We from his or her family. I met a young dropped the ball in the last couple of know that Border Patrol agents are soldier in my district recently who years, because of political reasons trained to deal with situations and missed the birth of his first two chil- sending more Border Patrol agents to problems along our border. Military dren because of deployments. I do not other States that are more politically personnel are not. want that soldier to miss the birth of advantageous to him than the States of Ezequiel Hernandez, 3 months before his third child because he is along the Texas, Arizona and New Mexico. he was shot, was tending his goats, as Texas-Mexican border, patrolling our I ask my colleagues to support me in he always was. He shot again into the own borders of America. I want that sending more Border Patrol agents and brush, because he thought there was soldier either with his family or train- not deploying peacekeeping troops to something there trying to get to his ing to defend our national security in- the Mexican border. goats. It happened to be Border Patrol terests across this world. b agents. When he found out it was Bor- This may be good politics for some, 2115 der Patrol agents, he went and apolo- but it is bad policy for the Army, and Mr. REYES. Mr. Speaker, I yield 1 gized to those agents. Had Border Pa- it is bad policy for America. I urge its minute to my colleague, the gentleman trol agents been patrolling the border defeat. from Texas [Mr. HINOJOSA]. on May 20 instead of military troops, Mr. TRAFICANT. Mr. Speaker, it (Mr. HINOJOSA asked and was given Ezequiel would probably still be alive. would be a tragedy to have the soldier permission to revise and extend his re- His untimely death at the hands of miss the birth of his child, but how marks.) U.S. Marines on our soil, American many people are speaking out for chil- Mr. HINOJOSA. Mr. Speaker, I stand soil, is now part of our Nation’s his- dren being born addicted all over here tonight to say to my colleagues tory. It is also a part of a Federal in- America? that the Traficant motion is one I sim- And I want to agree 100 percent: The vestigation into this incident. ply cannot support. I proudly represent From his death we should learn that Army does not need this, the Army did the Texas border from Hidalgo/McAllen when our borders are patrolled by not ask for this, the Army does not to San Antonio, born and raised there. heavily camouflaged military troops, want it, the Army does not deserve it. Plain and simply, authorizing the De- unbeknownst to Ezequiel Hernandez, But the Army does not govern. The fense Department to deploy up to 10,000 unbeknownst to the citizens of American people want it, the American U.S. troops to our international bor- people need it, the American people de- Redford, unbeknownst even to the local ders is a bad idea. law authorities in those areas along serve it, and the American people, by Why? An article in the August 25 God, are the ones that we are sent here the border, because the military can- issue of Time magazine, which I have not tell anyone that they are there, to represent. in my hand, clearly answers this ques- This is a civilian government, and what will happen is that unsuspecting tion. Allow me to quote: American citizens can and will die. If when the Army tells us what they want The danger of such military patrols is that and what they need, then we should we put 10,000 troops on our southern they operate according to rules different border, we will have learned nothing pack our bags and get out. from those of other law enforcement agen- Mr. Speaker, I reserve the balance of cies. Moving stealthily in camouflage gear, from history, and tragically, we will be my time. soldiers are under general orders not to iden- bound to repeat its mistakes. Mr. SPENCE. Mr. Speaker, I have no tify themselves, not to fire warning shots, This is not a proposal that is sup- further requests for time, and I reserve and to respond to any perceived lethal threat ported by the military. This is not a the balance of my time. under the military’s rules of engagement, proposal supported by the residents in Mr. REYES. Mr. Speaker, I yield 11⁄2 which simply means, roughly, shoot to kill. Texas along the border. It should not minutes to the gentleman from Texas, Back on May 20 an 18-year-old be a proposal supported by the Mem- Mr. Bonilla. goatherder named Ezequiel Hernandez, bers of this House. September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6897 Mr. REYES. Mr. Speaker, I yield my- name of a priest who helped to carry doing to the military, giving rabies self the balance of my time. much of the conversation. He said the vaccinations in Haiti, our military; Mr. Speaker, we have had a variety local Border Patrol spends more than 4 military building homes. And I do not of testimony in these chambers. Some- to 5 hours a day in coffee shops, doing think it is bad over there. times issues get clouded. Sometimes nothing, and occasionally beating up, Mr. Speaker, I disagree with our im- they get clouded in the emotion. Let us quote unquote, beating up on some migration policy. I am not going to kid ask ourselves, who wants or who sup- poor illegal immigrant that they might anybody. Here is what Congress passed. ports this proposal? It is not INS and it catch. If you are in America illegally for 5 is not the Border Patrol. It is not the Mr. Speaker, in a San Diego article years, we made you a citizen. How Attorney General. It is not the Depart- June 1997, I will just read the first dumb are we? Here is what I support, ment of Defense. It is not the Sec- paragraph: ‘‘Bullets again were fired not making people citizens who jump retary of Treasury. It is not, certainly, from Mexico at 2 U.S. Border Patrol the fence illegally, and sending a mes- the Hernandez family, who suffered agents in separate incidents, bringing sage to everybody around the world to that tragedy in Redford, TX. It is not the number of shootings at agents in jump the fence. our border communities, who do not the past month to five.’’ In the last 120 I am for apprehending them, finding want to live under martial law. days, nine Border Patrol agents were them, and throwing them out. That is We have heard that there are two dis- shot and injured. They have not been it. I do not care if they are black, I do tinct and different missions. The mili- killed. They have families. not care if they are white, if they are tary mission is combat. We do not The INS, they are an incompetent Mexican, Italian. I do not care who want to see our military compromised bunch. If everybody is afraid of that they are, they are here illegally, they by doing law enforcement type work language, I will say it, because that is should not be here, by God. Our pro- that subsequently would jeopardize the what I believe in my heart. I am an old gram does not work. security of this country and the secu- sheriff. To expedite immigration, they Second of all, what about the mas- rity of our troops. The mission of law allowed immigrants to submit their sive amount of narcotics in our cities? enforcement is to protect commu- own fingerprints, and they had to There are politicians now, powerful nities. They are trained for this kind of admit, they may have allowed up to politicians, talking about legalizing job. Let us keep this in the hands of 180,000 felonists into America, and ad- narcotics. Why? Because we are des- law enforcement. mitted they may not be able to find perate. We cannot do anything about Mr. Speaker, let us not send troops them. it. Have we really tried? If there is a throughout this country. Let us not in- We do not have 9,000 Border Patrol, greater national security threat, other voke martial law in this country sim- we have 6,800. That is one pair of eyes than China, right now, which Congress ply because Mexico and other countries for every 2 miles of border. If they are is also not looking at, I want someone choose to deploy troops along their not compromised, and I am not going to tell me what it is, other than nar- borders. to make that charge, I do not have cotics. It is tearing apart the families We have to ask ourselves, is this pro- facts, but illegal immigrants are not of our communities. I have many Mexi- posal fair? Is this proposal fair to the driving border patrols. They do not can-American families that called me Hernandez family? How fair is this pro- have the money. and said, we agree with you, sheriff. posal to our own military? How fair is We now have the massive amount of Mr. Speaker, I do not mandate it, I it to the corporal that came that close narcotic buildup in Mexico that is allow for it. If common sense would to being tried for manslaughter? transferred, as the gentleman said, ever take over in our country, maybe Mr. Speaker, I urge my colleagues to from Colombia. As far as the local poli- there could be a utilization of this big vote against this proposal. ticians that do not want this, we have military payroll to provide some na- Mr. SPENCE. Mr. Speaker, I yield a local politician just convicted of tional security for us. If we could guard back the balance of my time. bringing in 2,200 pounds of cocaine, a the borders in the Middle East and The SPEAKER pro tempore. The gen- sheriff down there in the county where Bosnia, by God, we can provide a na- tleman from Ohio [Mr. TRAFICANT] will the young man was slain. tional security program for America. close the debate on his motion to in- For those who might understand nar- What do you want to build? Did you struct conferees. cotics, that is one metric ton, and one all stand up and oppose a 15-foot barbed Mr. TRAFICANT. Mr. Speaker, I pound of heroin in Pakistan is $90. wire chain link fence? I am not for yield myself the balance of my time. What does it cost in Chicago? There is building a wall. We have these troops Mr. Speaker, I want to thank every- no program, and I agree, the Army does getting a paycheck. They can come out one for being involved. We did not have not want it and the President does not of training, they could be assigned as many accusations this time. Maybe want it; maybe not this President, but there. They could be rotated, if we de- many people recognize the intentions I do not want to hear any more about velop that program. But it does not are honorable. The distinguished 10,000 troops. mandate it. But we have the tech- former member of the Border Patrol, I I was advised in the amendment to nology and we can do aerial surveil- have great respect for him, and I as- set a limit, and I did. The Traficant lance, we can do naval surveillance. I sume he has done a great job. They amendment does not mandate one am going to tell the Members some- have elected him to Congress. troop. They might send 100 specialists thing, the Border Patrol cannot match I took my time to meet with the del- with sophisticated technology. They up with the military power of the car- egation from Redford, TX. They came could set up teams to work with the tels. up to meet with me, and pleaded with Border Patrol. If it is fashioned and Let me say one last thing. The drug me that I would pull my amendment done right, these military agents and czar, General McCaffrey, was threat- from this bill. Several family members Border Patrol in teams would go out, ened by one of the most powerful car- of the young man tragically killed and the Traficant amendment says tels in Mexico that threatened to kill were there. It was very, very unfortu- there shall be no posse comitatus law him. nate. We are all saddened. violations. They cannot arrest, they b Let me tell the Members what they can only detain. 2130 asked me to do: To pull the amend- What is wrong with us here? How Now they are saying, well, it was just ment. When I asked them how they felt many more Mexicans will die trying to one group trying to gain advantage about the border, they said, absolutely cross this border? How many more? over another group and hoping that the no military troops. But let me tell the What is the deterrence? The INS? The other group will bring the Americans Members what they also said. I would Border Patrol? We have a drug czar in to put pressure on the other drug like everyone to listen to it. They did that says we need 25,000 Border Patrol cartel. Come on. not want any Border Patrol, either. agents. Who is going to pay for them? We do not need a drug czar. I am not They support open borders, no check- How many more pensions, how much so sure we need all of these Federal points. Let people come and go freely. more health insurance? agencies. If it was up to me as an old Let me tell the Members what they Mr. Speaker, I did not see one Mem- sheriff, I would wrap all of these Fed- also said, without mentioning the ber stand up and say, look what we are eral agencies up under the FBI. One H6898 CONGRESSIONAL RECORD — HOUSE September 4, 1997 agency. I think they are so For the young man from Texas, it Whereas Diana, Princess of Wales, was a miscoordinated, they do not work to- was very unfortunate. And God al- leader in such causes as the struggles gether. We do not even have a program, mighty, maybe with proper training against HIV/AIDS, breast cancer, and home- speaking as a sheriff. It is a joke. with the Traficant amendment, that lessness, and in efforts on behalf of the inno- cent victims of antipersonnel land mines; As far as the Border Patrol is con- would never happen. Did my colleagues Whereas many of the more than 100 hu- cerned, I believe they have been com- ever think of that? That military troop manitarian and charitable causes cham- promised. I am just going to tell it the was already down there. I didn’t see pioned by Diana, Princess of Wales, operated way it is. I do not know that, but, by you, my colleagues, bringing a point of within the United States and involved mat- God, I do not trust it. order against it. He was put down there ters important to the American people; and Mr. Speaker, I would say to the gen- by George Bush. And they did not ask Whereas the outpouring of sympathy by tleman from Texas, I have followed to be authorized. They placed them the American people has underscored the many of his military leads and I want there. ties between the British and American peo- to make this statement. If my amend- ples, who are at this moment united with Mr. Speaker, this sheriff is saying we people around the world in their sadness at ment were to come in here and man- have got a Border Patrol that does the passing of Diana, Princess of Wales: Now, dated these troops and mandated this nothing, we have an INS that lets in therefore, be it collision, I could understand the resist- 180,000 illegal criminals, we have a Resolved, That the House of Representa- ance. But I present an idea that can military getting a paycheck and cash- tives expresses its deep and heartfelt condo- only be enacted if there is an oppor- ing their checks and going to the thea- lences to the British people and government tunity to mold a reasonable defense se- ter in Tokyo and Frankfurt, and we and to the family, especially the children, of curity program. This is not military have narcotics coming across the bor- Diana, Princess of Wales, on their tragic presence in America. This is military loss. der in backpacks, truckloads of cocaine SEC. 2. The Clerk of the House of Rep- security at our border. That is a hell of and heroin coming into this country, resentatives shall transmit copies of this res- a difference. and kids strung out all over America, olution to the Ambassador of the United Mr. Speaker, just let me say this. I and Congress better start speaking up Kingdom of Great Britain and Northern Ire- heard the talk about killing it in con- for those American kids. land to the United States for transmittal to ference. My colleagues are not going to Mr. Speaker, with that I ask that to- the British government and to the family of kill this amendment in conference. morrow we have an affirmative vote Diana, Princess of Wales. What they are going to kill is more and this Congress and this majority Mr. GILMAN (during the reading). children, more dying of overdose, more party stand for the charges that are Mr. Speaker, I ask unanimous consent young people selling and running co- needed to protect our borders. that the resolution be considered as caine and heroin, more politicians on Mr. Speaker, I yield back the balance read and printed in the RECORD. the border bringing in narcotics, more of my time. The SPEAKER pro tempore. Is there truckloads going to Chicago and New The SPEAKER pro tempore (Mr. objection to the request of the gen- York. Truckloads. Truckloads. LAHOOD). Without objection, the pre- tleman from New York? The Traficant amendment allows vious question is ordered on the motion There was no objection. that if this happens, they would assist to instruct. The SPEAKER pro tempore. Is there with Customs to take a look at these There was no objection. objection to the initial request of the trucks on the border, to go out in joint The SPEAKER pro tempore. The gentleman from New York? forces and maybe transport Border Pa- question is on the motion to instruct There was no objection. trol to key areas. And if my colleagues offered by the gentleman from Ohio The SPEAKER pro tempore. The gen- want to hire 25,000 Border Patrol, they [Mr. TRAFICANT]. tleman from New York [Mr. GILMAN] is do not have the money to do that. They The question was taken; and the recognized for 1 hour. are not going to do that. Know what? Speaker pro tempore announced that Mr. GILMAN. Mr. Speaker, for pur- The border does not want it. They do the ayes appeared to have it. poses of debate only, I yield the cus- not even want the Border Patrol. That Mr. REYES. Mr. Speaker, I demand a tomary 30 minutes to the gentleman is what the people from Redford, Texas, recorded vote. from California [Mr. CAPPS], pending told me, Sheriff. They want open bor- The SPEAKER pro tempore. Pursu- which I yield myself such time as I ders. ant to the previous order of the House may consume. Mr. Speaker, let me close out with and clause 5(b)(1)(c) of rule I, further (Mr. GILMAN asked and was given this. I would not have called for a vote proceedings on this motion are post- permission to revise and extend his re- and I would have not called for a mo- poned until tomorrow. marks.) tion to instruct conferees. There are f GENERAL LEAVE big powerful people around here and EXPRESSING THE CONDOLENCES Mr. GILMAN. Mr. Speaker, I ask they are going to lead the charge and OF THE HOUSE ON THE DEATH unanimous consent that all Members knock out an idea, I guess, and they OF DIANA, PRINCESS OF WALES may have 5 legislative days within probably will. But, Mr. Chairman, I say which to revise and extend their re- to the majority party that they were Mr. GILMAN. Mr. Speaker, I ask marks on the subject of this resolution. elected together and they got tired of unanimous consent that the Commit- The SPEAKER pro tempore. Is there this. And I am a Democrat and that is tee on International Relations be dis- objection to the request of the gen- why my Republican colleagues are in charged from further consideration of tleman from New York? the majority, because some of the the resolution (H. Res. 219) expressing There was no objection. things that have been done over here the condolences of the House of Rep- Mr. GILMAN. Mr. Speaker, this has that have been very foolish. resentatives on the tragic death of been a very sad week for the people of If the majority party does not allow Diana, Princess of Wales, and ask for the British Isles, for the American peo- for a reasonable national security pro- its immediate consideration in the ple, and for all people around the gram on narcotics and illegal immigra- House. world. Diana, Princess of Wales, a tion, then the American people made a The SPEAKER pro tempore. The model of grace, humor and charity, was mistake in giving them that charge. Clerk will report the resolution. tragically taken from us so terribly Mr. Speaker, I say to the gentleman The Clerk read as follows: prematurely. from South Carolina [Mr. SPENCE], H. RES. 219 As this resolution notes, Diana, Prin- ‘‘Keep it in, Mr. Chairman.’’ I want the Whereas the House of Representatives has cess of Wales, was involved in a mul- gentleman to fight like a junkyard dog heard with great sadness of the death of titude of good works, both in Britain in the face of a hurricane in that con- Diana, Princess of Wales, in a tragic auto- and throughout the world, and many of ference for this amendment. And I mobile accident; her works on behalf of worthy humani- Whereas Diana, Princess of Wales, touched made it so that it will not embarrass the hearts of the British and American peo- tarian causes were undertaken right the gentleman and it will not hurt the ple with her unflagging humanitarian and here in the United States. Whether the gentleman. It does not clamp and charitable efforts, her grace, and her good cause was the struggle against HIV/ ratchet them down. humor; AIDS, breast cancer, or homelessness, September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6899 or the effort to protect innocent people will for Great Britain, the Windsors, FOX], and the gentleman from New from antipersonnel land mines, Prin- the people of the United Kingdom, and York [Mr. GILMAN], chairman of the cess Diana made her presence known in all the people across the world. Committee on International Relations, an inimitable way. During her frequent visits to the for offering this resolution. This beautiful young lady burst on United States, Princess Diana built a Early last Sunday morning a country the world scene in a storybook mar- relationship of mutual respect with the lost its beloved Princess, two sons lost riage which regrettably dissolved in American people. She loved the United their devoted mother, and the world unhappiness. Yet, despite this sad States and our people. She visited our lost a human being of consummate event, the Princess continued her hu- Nation’s capital and has said she would compassion, beauty, and dignity. manitarian work while devoting herself have loved to have moved here, if not The Talmud teaches us we do not see to the upbringing of her two sons, upon for her devotion to her sons, Prince the world as it is; we see the world as whom so much responsibility will one William and Prince Harry. we are. Would that we saw the world day be thrust. We all remember the shy young girl the way Princess Diana did, for she was The outpouring of emotion by the who, in 1981, married Prince Charles, uniquely able to see the pain and the American people that we have wit- the Prince of Wales, an heir to the promise of what it is to be a human nessed is due to an identification with throne of the United Kingdom, of Great being. a woman who personified a fairy-tale Britain and Ireland. But what im- In an interview, the Princess once princess whose life represented infinite pressed many of us was the way she stated, ‘‘I am not a political animal, possibilities. We are greatly diminished grew into an international symbol of but I think the biggest disease this by this loss, and it is only fitting that courage and compassion. For Princess world suffers from in this day and age Members of this body join together Diana, reaching out to others became is the disease of feeling unloved, and I with the American people in expressing for her a sacred trust and a connection know that I can give love.’’ And, Mr. our condolences. to the people of the world. Speaker, she did. I want to thank the Speaker of the Princess Diana was best known for She was a leader in humanitarian and charitable efforts on behalf of soci- House and the leadership on both sides her leadership on behalf of people with ety’s neediest and most vulnerable. She of the aisle for agreeing to allow this AIDS and HIV; for patients with lep- was personally involved in the struggle timely consideration of this resolution. rosy; senior citizens; the homeless; and against AIDS, the struggle against I thank in particular the gentleman her special campaign to prevent, de- breast cancer, and the struggle against from Indiana [Mr. HAMILTON], ranking tect, and treat breast cancer. She was homelessness. She was, for example, Democratic member of the committee, the world leader in the effort to ban one of the first celebrities to publicly for his cooperation in agreeing to the the manufacture and use of anti- hold babies infected with AIDS and to consideration of this resolution, for co- personnel land mines, and she visited meet with adults in advanced stages of sponsoring it, and for agreement for the children in Angola and Bosnia who that disease. the minority to manage it on his side had lost their limbs and she gave her of the aisle. special presence and her special com- b 2145 The most important motivating force fort. She was also the champion of an- for this resolution, however, is its Mr. Speaker, what shines through other cause that is close to my heart, sponsor, the gentleman from Penn- most for many of us is her love for chil- the banning of anti-personnel land sylvania [Mr. FOX], a key member of dren, beginning with her own children mines. Her royal, regal stature brought our Committee on International Rela- and continuing through every child she major international attention to these tions. touched. Even a child in pain suffering lethal devices which kill or maim ap- Mr. Speaker, I yield the balance of through the anguish of leprosy or proximately 26,000 people a year. my time to the gentleman from Penn- AIDS, or the torment and oppression of British Prime Minister Tony Blair sylvania [Mr. FOX], and ask unanimous poverty and prejudice, could find com- has deemed her ‘‘the People’s Prin- consent that he be permitted to yield fort in her special touch. cess.’’ Her deep sympathy for those in time to other Members of this body. When those children moved her and distress made her the ideal champion The SPEAKER pro tempore. Is there we saw her wipe a tear from her face, of the land mine issue, where she dem- objection to the request of the gen- often we had to do the same. Because onstrated an ability to put the victims tleman from New York? of her, these were not faceless victims of their horror, not simply politics or There was no objection. from some faraway land; they were her military strategy, at the center of the Mr. FOX of Pennsylvania. Mr. Speak- fellow human beings and their pain be- debate. er, I yield myself such time as I may came our pain. She prompted us to ac- Who can forget the images of Diana consume. tion because of her humanity and her on her knees as she personally con- Mr. Speaker, I thank the gentleman humility. fronted and comforted mutilated vic- from New York [Mr. GILMAN] for his Mr. Speaker, I believe it is fitting tims? Her recent visits to Angola and leadership on not only this issue, but that the government born of that revo- Bosnia drew more attention to this all the important issues in inter- lution which represents the people of issue in a few days than international national affairs that come before this the United States honors Diana, Prin- meetings had in years. House and this Congress. cess of Wales, upon the sad occasion of To make any sense of Princess Mr. Speaker, I agree with the gen- her tragic and premature death. We Diana’s death seems impossible. Our tleman from New York. This week the will all miss her. The children will only choice is to endow her passing world anguishes over the death of a miss her especially. And along with the with everlasting significance by carry- lady who was very special. A humani- entire Royal Family, especially the ing out the legacy of her work toward tarian, a mother, and a Princess. children and their father, the people of banning land mines, toward finding Mr. Speaker, here in our resolution, the United Kingdom and the world cures for disease and for ending home- The Princess Diana Humanitarian community, we here in Congress grieve lessness. All of the energy and atten- Leadership Resolution, we salute the loss. Our world has been diminished tion that she raised about these issues Diana, Princess of Wales, who lost her by her physical loss, but we thank God must be sustained and nurtured. To do life last week in a horrible traffic crash that we all have come to know her and anything less would dishonor her mem- on the streets of Paris, which also took the world is richer for her spiritual and ory. the lives of her companion and their personal contribution to us all. The poet Thomas Campbell wrote, driver, while critically injuring her Mr. CAPPS. Mr. Speaker, I yield my- ‘‘To live in hearts we leave behind is bodyguard. self such time as I may consume. not to die.’’ Princess Diana will live Princess Diana brought a sense of Mr. Speaker, it is with great shock forever in the hearts of people all style and elegance to the Royal Family and sadness that the American people around the world. Heavy as our hearts and we share their grief in this difficult learned of the violent death of Princess may be tonight, we are ennobled by her time. More than that, however, she was Diana. I would like to commend the presence, we are diminished by her perhaps the best ambassador of good- gentleman from Pennsylvania [Mr. passing. H6900 CONGRESSIONAL RECORD — HOUSE September 4, 1997 Mr. Speaker, I urge the adoption of that few people who have those situa- zen. I am not a child of the queen or this resolution. tions in their lives have; she was able the king. And certainly, as an Amer- Mr. Speaker, I reserve the balance of to show us something that was very ican, we waged a very vigorous war to my time. simple, a warm and human heart in a ensure that that did not happen. So Mr. FOX of Pennsylvania. Mr. Speak- regal presence. many would wonder why we would have er, I yield such time as he may Diana’s obvious joy and love of her this moment to pay tribute. consume to the gentleman from Geor- own children was so evident in the I began to reflect on many of the gia [Mr. KINGSTON]. many pictures that were taken of her comments of individuals of which I Mr. KINGSTON. Mr. Speaker, I with them. We saw them grow from lit- heard as they spoke, individuals who thank the gentleman from Pennsylva- tle boys to handsome young men, and had no title, maybe no prestige, maybe nia for yielding time to me. we saw how much she loved them. She not even enough money to find their Princess Diana lived a glamorous was able to take this love and translate way to this ceremony and funeral this and, at times, a surreal life. While it into compassion for children all coming Saturday. But I heard them say some truly envied her and surely at around the world. this was the people’s princess. In par- times she envied us, those of us who It was no doubt that Diana had some ticular, as an African-American, I can go out in public without recogni- personal sadness, that she had some watched the flow of crowds, Japan, tion, those of us who can eat in a res- personal suffering that so many have. Houston, TX, London, England and taurant without interruption, those of But she took this suffering and she did other parts around the world. I us who can go on a family outing with- something with it. What she did was watched as President Mandela of South out intrusion, and those of us who can respond to issues that she cared about, Africa took to the microphone to talk go to a movie without becoming the issues like AIDS, like people losing about his friendship with Princess main feature. Yet somehow, through their limbs, things where people suf- Diana, and it began to sink in that the romance, the fantasy and the pro- fered in such a simple and direct and what she symbolized was someone who tocol, she connected with everyday immediate way. She wanted to offer a was above and was not a respecter of people. few things to others. She wanted to race or color or creed or ethnicity or She was a mother who loved her chil- offer comfort and love. difference. What she seemed to symbol- dren and tried to raise them correctly, So Diana transcended her wealth and ize to those new immigrants in Eng- despite the distractions. She was a hu- her position to take sides with those to land, as more and more of them poured manitarian helping those unable to whom the world has offered the least, out of their homes and hamlets to help themselves. She was an institu- and the world returned her love. It is come and acknowledge this princess of tion showing us the best of the state fitting today that this House honor whom they probably had not met, is with a soft, human face. her, that we take some time at the end that she was someone like them. And I Through the sad and melancholy of our busy day, as all across the world think it is important, as we pay tribute pages of her biography, in the final have, to think about Diana. to her tonight, that we ourselves analysis, her life is but a tragedy We wrestle with such problems, we should reflect upon what this whole wrapped in a fairy tale. Perhaps we can think they are so important. We think thing of government is all about, that learn by it. about the politics. We think about the aside from being President or First Many people have been moved by her economic results of what we are deal- Lady or Congressperson or governor or life and the loss of her life. As the ing with. I think what Diana has made mayor or city councilperson or chair- world’s goodwill ambassador, she had us do is to think about these issues in man of Apple or chairman of IBM or fans all across the globe. But as a a human way. corporate barons around the world, member of the International Relations Tonight we come here because our that we should simply be people. And Committee, I know that needs have no hearts and our prayers are with her Diana was someone who gave to us the national boundary, no intervening con- memory, with her family, with her privilege of being people, whether we tracts and no treaties. And perhaps we, mother, with her sisters, with her suffered from HIV, whether or not we as a globe, would be better served not brother, but most particularly tonight were exploded upon by land mines, we by dividing ourselves by what we have, I think we are thinking about her two were simply people. but by uniting ourselves by what we sons. I think we only can hope tonight Mr. Speaker, as I close, let me simply lack and what we can accomplish to- that some day that they will under- say to you that this tribute is to pay gether in pursuit of a better world. stand that the love that they had so homage to someone who did under- I believe that the folks who mourn deep for their mother was returned by stand that title and prestige is not the the most for the tragic death of Prin- the world. call of the day but it is that she re- cess Diana are not doing it, Mr. Speak- Mr. CAPPS. Mr. Speaker, I yield 3 spected people and we loved her for it. er, because they wish that maybe this minutes to the gentlewoman from I rise today to pay my respects to Princess Barbie-doll-type life did not get snuffed Texas [Ms. JACKSON-LEE]. Diana, a woman the world will greatly miss. As out, but maybe they are truly search- Ms. JACKSON-LEE of Texas. Mr. a woman and a mother, I have been moved ing for some magic out there that can Speaker, I thank the gentleman very by her caring and her commitment to her sons say and reach out to every one of us much for yielding time to me. I thank and to those less fortunate then herself. This and say, maybe there is something bet- the gentleman from Pennsylvania [Mr. woman was not a Queen of Men, but she was ter that we can do and maybe a little FOX] and the gentleman from New certainly a Queen of Hearts. bit of kindness goes a long way. York [Mr. GILMAN]. I am very pleased She was the Mother of a King and a Prince I think that perhaps that is what she to be able to join my colleagues this and a modern woman who owed her fame stood for among everybody, as the pre- evening. and fortune to the old traditional monarchy. By vious speaker said, a little bit more It is interesting, as the late hours of the time of death she had reformed the image love. Saturday evening into Sunday morning of the role of women in the British monarchy. Mr. CAPPS. Mr. Speaker, I yield 3 unveiled and for many of us who were She was stylish, cosmopolitan, and she com- minutes to the gentlewoman from Con- preparing to call it an evening, as the ported herself with elegance and grace. necticut [Mrs. KENNELLY]. news items began to unfold, first one Throughout the unremitting scrutiny of Prin- Mrs. KENNELLY of Connecticut. Mr. responded in complete and total dis- cess Diana's life one thing has shone clear- Speaker, I join with my colleagues, my belief. Then there were probably pray- lyÐher love for her two children. It seems countrymen and my countrywomen ers offered that it certainly could not clear that she was devoted to her boys, as and millions of people around the world be true. But as the morning hours pro- they were to her. She gave them her affection, in expressing my deep sadness at the ceeded, there was the striking and ter- loving attention, and her maternal love and loss of Diana, Princess of Wales. rible news that someone who we had support. My heart aches for those two young Few women have been as gifted with watched from afar had suddenly had men today. I wish them strength and peace. such beauty, elegance, dignity, few the beautiful light extinguished. Princess Diana was clearly a person of women have achieved such heights of I thought, as I rose to my feet, what great caring and compassion. She chose to fame. Diana was able to do something one would say? I am not a British citi- use the tremendous prestige afforded her by September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6901 her station in life to touch the everyday world works for CARE made the following Philadelphia Inquirer, someone who is around herÐnot the world of wealth and points: that Angola, for example, has a admired greatly, said in one of his arti- power, but the world of poverty, war, and in- population of 10 million and that there cles something worth repeating. He justice. She was an advocate for the victims of are an estimated 10 to 20 million land said the death this past weekend of violence and of poverty. mines in Angola, two for each person. Princess Diana in Paris has rocked the Her commitment to the hungry, the sick, and There are approximately 70,000 ampu- world in a way that almost no other ce- the poor in England and around the world tees, the largest number of any coun- lebrity’s death has. should serve as a model to us all. She has try in the world. Four days after her life ended from lent not just her name, but the strength and Another gentleman of Greenfield injuries sustained in a spectacular car warmth of her spirit to a number of causes. Consultants, a humanitarian deminer, crash along the Seine, she is mourned She has reached out to extend comfort and an made the following points: that every not for her perfection, Mr. Speaker, but empathetic hand to people whom she felt had province in Angola has been mined; the for her courage and tenacity in trying been ``rejected by society'' including AIDS and number one donor nations for demining to achieve it. It was she who captured leprosy patients, battered women, and drug are the UK, the USA, Canada and the the imagination of people everywhere. addicts. She shook hands with AIDS patients European Union. The United States She shared her velvet strength, her when many people were still afraid to touch currently supports land mine removal quiet dignity, and her grace wherever them. She penned personal notes to families programs around the world through the she traveled. Here in the States, rich of hospitalized children she had met. She DOD Department of Humanitarian Af- and poor, young and old, sick and learned sign language to address an associa- fairs, the State Department, as well as healthy, she transcended national color tion of deaf persons. She hugged the dying in the U.N. and other nongovernmental and ethnic lines in everything she did. hospices and exchanged stories with women, organizations. The gentlewoman from Connecticut like herself, who suffered from eating dis- For every mine the international [Ms. DELAURO], who had hoped to be orders. community clears, 20 new mines are de- here with us tonight in her remarks Most recently, Princess Diana turned her at- ployed. While millions of dollars are that are being submitted, she speaks of tentions to the land mines which have claimed spent each year on assistance to anti- the fact that there will never be an- the lives and limbs of so many. In particular, personnel mine victims, there are some other public figure like Diana. Her she waged a campaign against land mines in 70 new victims every day. greatest triumph was being a mom and Bosnia and last month was in Sarajevo, In June, Princess Diana joined the her spirit will live on in her sons, mourning the victims of war in private talks American Red Cross, Elizabeth Dole, in Princes William and Harry. Diana with families of people maimed or killed by ex- a new bid to raise the alarm about the brought her sons along with her out- ploding mines. Her leadership on this issue threat of land mines and to raise side the palace walls to experience life has helped in moving it to the forefront of Eng- money to help the victims of ‘‘these in the real world. She brought them to land's agenda and in moving even this Nation dreadful weapons,’’ she said. meet homeless people and AIDS pa- to a point of compromise. Mr. Speaker, what better way can we tients. I am sure the princes will grow There is a lot that I could say, but a day or celebrate Princess Diana than to en- up to exemplify the values of which a week, not even a month would allow me sure the universal ban on land mines. Diana led her life, and in the end that enough time to express all that Princess Diana Starting, of course, with America, the may be Diana’s most enduring legacy. was to her children, to her family, to the vic- beautiful, the poor, and certainly for The gentleman from New York [Mr. tims of landmines, to victims of breast cancer Diana, even though she did not know at QUINN] who makes a special salute to and those suffering from AIDS. that time, O beautiful for heroes her when it comes to the bipartisan Princess Diana was a very special woman proved in liberating strife, who more project that she has led, and that is to and the world deeply mourns her loss. She than self their country loved and eliminate the antipersonnel landmines was a princess in more than just name, but in mercy more than life. which have devastated children and in- her grace and character. She should be long America, America, God shed his nocent victims around the world. It is remembered by people the world over. She grace on thee and crown thy good with next week that the Evans-Quinn legis- will be remembered with deep respect and af- brotherhood from sea to shining sea. lation will go forward that will put a fection. She truly was the People's Princess. I beseech my distinguished col- ban on such landmines. It is through Mr. CAPPS. Mr. Speaker, I yield 3 leagues to offer a lasting commemora- her leadership, Princess Diana, that minutes to the gentlewoman from Indi- tion to a wonderful Queen of Hearts, this successful effort has every reason ana [Ms. CARSON]. Princess Diana, and certainly I join in to hopefully be a reality in this 105th Ms. CARSON. Mr. Speaker, I thank the countless prayers that pore out Congress. the gentleman for yielding time to me, around the world in support of the bio- I also wish to remind my colleagues and I thank the gentleman from New logical family of Princess Diana and that tomorrow the gentlewoman from York [Mr. GILMAN] and the gentleman especially her sons, Prince William and Connecticut [Ms. DELAURO] has in- from Pennsylvania [Mr. FOX]. Prince Harry, in the premature loss of vited, along with the gentleman from I am happy and saddened to join in their mother. Connecticut [Mr. FRANKS] and myself grieving the tragic and untimely acci- and others, all those who would join us b dental death of Princess Diana, the 2200 here tonight in this special salute to a Princess of the world, the Queen of Mr. CAPPS. Mr. Speaker, I yield bipartisan delegation to the British Hearts, an appropriate characteriza- back the balance of my time. Embassy tomorrow following our last tion of a beautiful human being. Mr. FOX of Pennsylvania. Mr. Speak- votes to express our condolences on the Princess Diana, by virtue of her sta- er, I yield myself such time as I may loss of Princess Diana. The Embassy tus, had power. She chose to use her consume. will have a special book for Members of power to empower human lives abound. I first want to thank the gentleman Congress to sign, and I hope they will She knew that power was a gift to be from California [Mr. CAPPS] for his please join us because Princess Diana used on behalf of humankind. She leadership on this issue and for all is someone who will never be replaced. never elevated herself above the power- those on his side of the aisle who con- Mr. Speaker, I want to thank those less. Rather, she shook the hands of the tributed in this bipartisan salute to the who have been participating in this, es- AIDS victims and embraced those who queen of hearts, as the gentlewoman pecially the gentleman from California were both hopeless and helpless. What from Indiana [Ms. CARSON] just said. [Mr. CAPPS] and the gentleman from a positive role model for the Congress, The gentleman from California is to be New York [Mr. GILMAN], for their ef- the power of Congress and how our commended for his leadership on this forts and for this bipartisan effort to power must be used instrumentally to and other issues dealing with the Unit- certainly make sure that the queen of uplift the lives of other human beings. ed States and international affairs. hearts, Princess Diana, will be someone As we mourn the loss and celebrate I look to others who have made a who we will try to emulate, who will her life, we are reminded of her work in contribution this week in trying to sa- continue to be a role model in her spir- eliminating land mines everywhere. An lute a very special person. Claude it, for all of the outreaching she has Angolan, Guerra Freitas, who now Lewis from Philadelphia from the done in going places that others have H6902 CONGRESSIONAL RECORD — HOUSE September 4, 1997 not gone and in making a sustained ef- arms for a hug, and happily filled the child's can be raised without dispute. We have all fort to make sure the world is better wish by giving her a ride around the block in borne witness that drunk driving killsÐand it and leaving no one out and leaving no her Rolls-Royce. played a significant role in the death of Prin- one behind. Most recently, Diana had given herself cess Diana. Mr. QUINN. Mr. Speaker, I rise today in wholeheartedly to a cause that many of us Last Saturday's tragedy proved once again support of this resolution expressing the con- here also feel deeply aboutÐthe campaign to that the rise in drunk driving fatalities is about dolences of the House of Representatives on rid the world of anti-personnel landmines. Be- more than statistics. It's about people. It's the tragic death of Diana, Princess of Wales. cause of Diana, millions of people learned that about broken families. It's about destroyed The Princess was someone with whom we anti-personnel landmines claim over 25,000 in- lives and lost love. It's about two young all were not only familiar, but held in deep ad- nocent victims ever year. Now I hope we will princes, one a future king, who are now with- miration. Her position of royalty brought her carry on her work by committing to rid the out a mother. into our lives, but her work on behalf of the world of these deadly weapons that threaten That's why people like Tom Carey and the less fortunate brought her into our hearts. the lives of men, women and children all over members of Remove Intoxicated Drivers [RID] Princess Diana has been an inspiration to the world. play such an important role in combating what me in one area in particular: her crusade on There will never be another public figure like can truly be called a scourge on our society. behalf of the innocent victims of antipersonnel Diana. But Diana's greatest triumph was being RID will be holding a vigil for Princess Diana landmines. Her efforts to eliminate landmines a mom. And her spirit will live on in her sons, on Friday in my congressional district. brought the issue global prominence. the Princes William and Harry. Diana brought I commend their work and hope that if any- This year the United States has the oppor- her sons along with her, outside of the palace thing good can come from this terrible trag- tunity to join over 100 nations around the walls, to experience life in the real world. She edyÐif any lesson can be learnedÐit is that we must all think twice before taking a drink globe in signing an international treaty to ban brought them to meet homeless people and and then getting behind the wheel. We owe it landmines. That treaty is being negotiated in AIDS patients. I am sure that the Princes will to Princess Diana, and all those who have Oslo, Norway as we speak. grow up to exemplify the values by which been killed or maimed by drunk drivers, to Next week, Congressman EVANS and I will Diana led her life, and in the end that may be Diana's most enduring legacy. heed this simple yet powerful lesson. introduce legislation that commits the United I support this resolution and want to person- States to a ban on landmines. Our bipartisan Ms. MCCARTHY of Missouri. Mr. Speaker, I rise today to support this resolution and to ex- ally express my deepest sympathies to Prin- legislation already has the backing of the cess Diana's family, the British people and Catholic Church's Conference of Bishops, the press my deep sorrow over the tragic death of Diana, Princess of Wales, a special humani- their government. Vietnam Veterans Foundation, and numerous Mr. FOX of Pennsylvania. Mr. Speak- tarian who improved the lives of people retired generals, including Gen. Norman er, I yield back the balance of my time. Schwarzkopf. throughout the world. Her devotion to others The SPEAKER pro tempore (Mr. less fortunate, and her willingness to embrace Mr. Speaker, there is no stronger proponent DICKEY). Without objection, the pre- of the U.S. military and its personnel in the them, hold them, and comfort them, should vious question is ordered on the resolu- U.S. House of Representatives than myself. forever serve as a reminder to all public serv- tion. The United States has the most sophisticated ants of their responsibility to care for those There was no objection. military in the world. Princess Diana was right, who are unable to help themselves. The SPEAKER pro tempore. The The outpouring of grief from all corners of we do not need these weapons. question is on the resolution. the globe during vigils such as those held in I urge my colleagues in the House of Rep- The resolution was agreed to. my district reaffirm that she is the people's resentatives and in the Senate to pick up A motion to reconsider was laid on princess. Through her energy and dedication where Princess Diana left off and join the ef- the table. she inspired worldwide efforts to solve prob- fort to ban landmines now by supporting the f lems such as AIDS, homelessness, leprosy, Evans/Quinn bill when it is introduced next and the indiscriminate devastation caused by ANNUAL REPORT OF FEDERAL week. Let's give a fitting remembrance to land mines. She had a genuine understanding LABOR RELATIONS AUTHORITY, Diana by completing the work in which she of the struggles which the people have with FISCAL YEAR 1996—MESSAGE believed so passionately. daily life, and did not hesitate to demonstrate FROM THE PRESIDENT OF THE Ms. DELAURO. Mr. Speaker and my col- her empathy for those suffering by discussing UNITED STATES leagues, it is with heavy heart that I rise this her own personal battles. The SPEAKER pro tempore laid be- evening to pay tribute to a woman who Princess Diana did not use her position for fore the House the following message touched the lives of people throughout the personal gain; she used her celebrity to bring from the President of the United worldÐDiana, Princess of Wales. Her tragic attention to the plight of those whom the world States; which was read and, together death last weekend left all of us in shock at might otherwise ignore. The ability to bring at- with the accompanying papers, without the sudden and incomprehensible loss of a tention to the charities and causes she sup- objection, referred to the Committee woman in the prime of her life. ported and her devotion to them was one of on Government Reform and Oversight: Although she lived the life of a fairy tale the reasons that she continued to operate princess, she somehow seemed as real as our To the Congress of the United States: even under the challenging conditions that ap- In accordance with section 701 of the next-door neighbor. Rich and poor, black and parently contributed to her death. We must Civil Service Reform Act of 1978 (Pub- white, young and old, sick and healthy, Diana take this opportunity to reflect on her gracious lic Law 95–454; 5 U.S.C. 7104(e)), I am opened her heart to one and all and in doing and giving spirit and hope that we can some- pleased to transmit the Eighteenth An- so, made herself a part of all of our lives. how learn from this tragedy and carry on her nual Report of the Federal Labor Rela- She persevered through difficulties endured efforts to bring attention to the plight of the tions Authority for Fiscal Year 1996. by so many womenÐincluding divorce and poor and bring relief to those in need of as- The report includes information on single motherhoodÐand did it all under the sistance. Her overriding concern for the condi- the cases heard and decisions rendered ever-critical eye of the press. tion of others and her dedication to the causes by the Federal Labor Relations Au- It would have been so easy for her to live she committed herself to are the greatest ex- thority, the General Counsel of the Au- a quite life behind the palace walls and out of amples of what public service should be, giv- thority, and the Federal Service Im- the public's eye. But Diana was determined to ing back to one's community, and thus leaving passes Panel. make life better for those not so lucky. She the world a better place. WILLIAM J. CLINTON. wanted to make a difference in people's Mr. BILIRAKIS. Mr. Speaker, I rise today to THE WHITE HOUSE, September 4, 1997. livesÐand she did. The tremendous outpour- add my voice to those supporting this condo- f ing of grief, both in Britain and here in the lence resolution. I held a special order in May REPORT OF ACTIVITIES OF U.S. United States, shows how successful she was to raise awareness on the dangers of driving GOVERNMENT IN UNITED NA- in her work. while intoxicated. I told my colleagues that TIONS AND AFFILIATED AGEN- Diana dedicated herself to helping those ``drunk driving knows no social or economic CIES DURING 1996—MESSAGE who might otherwise have been forgotten. On boundaries.'' one of her visits to Washington, she visited Never could I have imagined how prophetic FROM THE PRESIDENT OF THE Grandma's House, a home for children strick- that statement would be. UNITED STATES en with AIDSÐlong before most public figures It will probably be impossible to pinpoint The SPEAKER pro tempore laid be- ever had. She scooped one 3-year-old into her why Princess Diana died, however, one point fore the House the following message September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6903 from the President of the United for our Savings & Loan Industry. Their bailout Truman also was ranked as the best States; which was read and, together is a result of his leadership. value in the Midwest. Money magazine with the accompanying papers, without Congressman GONZALEZ worked tirelessly based its selection on graduation rates, objection, referred to the Committee for the residents of Public Housing and the social climates, as well as student ac- on International Relations: National Housing Trust is a testament to his cessibility to professors. With a stu- dent-faculty ratio of 16 to 1, Truman To the Congress of the United States: leadership in Public Housing. There are mil- State students can develop close rela- I am pleased to transmit herewith a lions of Americans today who are able to find tionships with their professors. report of the activities of the United affordable housing because of this great man. I have had the opportunity, Mr. States Government in the United Na- In a time of conformity, Congressman GON- Speaker, to meet many students and tions and its affiliated agencies during ZALEZ is his own person. He stood up unflinch- professors who personally validate calendar year 1996. The report is re- ingly for what he believed in no matter who these recent rankings. John BURNS quired by the United Nations Partici- opposed him. A champion of civil rights, a , a pation Act (Public Law 264, 79th Con- man of the people, a true man of honorÐwe Truman State junior, joined my Wash- gress; 22 U.S.C. 287b). will miss this fine gentleman, we will miss his ington, DC, staff for part of the sum- spirit of service with a true sense of honor. mer and did exceptional work. But per- WILLIAM J. CLINTON. haps no one exemplifies the spirit of THE WHITE HOUSE, September 4, 1997. f this great institution better than my f SPECIAL ORDERS good friend, Jack Magruder. As Presi- TRIBUTE TO HENRY B. GONZALEZ The SPEAKER pro tempore (Mr. dent, Dr. Magruder is a tireless ambas- SHADEGG). Under the Speaker’s an- sador for Truman State. When looking (Ms. JACKSON-LEE of Texas asked for someone responsible for Truman and was given permission to address nounced policy of January 7, 1997, and under a previous order of the House, State University’s ascendance to the the House for 1 minute and to revise top of the Nation’s colleges, the buck and extend her remarks.) the following Members will be recog- nized for 5 minutes each. stops at Jack’s door. Ms. JACKSON-LEE of Texas. Mr. Mr. Speaker, we in Missouri’s Ninth Speaker, I rise this morning to ac- The SPEAKER pro tempore. Under a previous order of the House, the gen- Congressional District are extremely knowledge a true distinguished gen- proud that one of our institutions of tleman of this body, a proud Texan and tleman from Guam [Mr. UNDERWOOD] is recognized for 5 minutes. higher learning is considered among a great American. Chairman HENRY B. [Mr. UNDERWOOD addressed the the Nation’s elite. The administration, GONZALEZ has decided today to step the faculty and the student body at down from the U.S. Congress. House. His remarks will appear here- after in the Extensions of Remarks.] Truman State University deserve It is my honor to have been able to kudos for their hard work, their dedi- serve with him for the time period that f cation to excellence and their commit- allowed me to understand the true ment to a superior liberal arts edu- value of a human being who cared SPOTLIGHT ON TRUMAN STATE UNIVERSITY cation. about this Nation. HENRY B. GONZALEZ The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a served in public life for 44 years, 36 of previous order of the House, the gen- those in this body. previous order of the House, the gen- tleman from Texas [Mr. GREEN] is rec- tleman from Missouri [Mr. HULSHOF] is Mr. Speaker, I am reminded, as he ognized for 5 minutes. stood alongside the President who was recognized for 5 minutes. a President for all people, President Mr. HULSHOF. Mr. Speaker, as our [Mr. GREEN addressed the House. His John F. Kennedy, as the President, not Nation’s youth head back to school, remarks will appear hereafter in the then the President, made it known our attention is obviously focused on Extensions of Remarks.] that he wanted to serve this Nation. education. I would like to focus the na- f HENRY B. GONZALEZ was one of the few tional spotlight on one university in The SPEAKER pro tempore. Under a in the State of Texas who took up the Missouri’s Ninth Congressional Dis- previous order of the House, the gen- challenge and courageously stood by trict. tleman from Indiana [Mr. MCINTOSH] is his side and stood for what was right. Mr. Speaker, I have the distinct recognized for 5 minutes. He proceeded to carry that torch in the honor of representing 16 colleges and [Mr. MCINTOSH addressed the House. U.S. Congress. universities. Each of these institutions His remarks will appear hereafter in It was for those who could not speak, of higher learning in central and north- the Extensions of Remarks.] those who could not advocate, those eastern Missouri deserves accolades. who could not cry out and be heard for Tonight, however, I am happy to single f themselves that HENRY B. GONZALEZ out and congratulate one of those ex- The SPEAKER pro tempore. Under a stood for. He fought for public housing, ceptional universities, Truman State, previous order of the House, the gen- he fought for equity in education. nestled in the heart of Kirksville, MO. tleman from Illinois [Mr. PORTER] is This is a man who truly is a distin- Truman State University has received recognized for 5 minutes. guished gentleman, one whom we will numerous awards in recent college [Mr. PORTER addressed the House. love and admire forever and ever. rankings. According to the September His remarks will appear hereafter in HENRY B., we love you, and we know 1 issue of U.S. News & World Report, the Extensions of Remarks.] that you will continue to serve, wheth- Truman State is the top public univer- er you are in this body. But we thank sity in the entire Midwest. In addition, f you for your great leadership. You are Mr. Speaker, for the fifth consecutive The SPEAKER pro tempore. Under a a proud Texan and a great American. year, Truman State University is previous order of the House, the gen- Mr. Speaker, I stand before you, the people ranked among Money magazine’s top 10 tleman from Florida [Mr. GOSS] is rec- of Texas and San Antonio in awe of the an- best college buys in the country. Frank ognized for 5 minutes. nouncement that Congressman HENRY B. Lalli, the managing editor for Money [Mr. GOSS addressed the House. His GONZALEZ of the 20th Congressional District magazine says, ‘‘There is always this remarks will appear hereafter in the who has nobly served his constituents and our myth in America that only a name col- Extensions of Remarks.] great Nation for 36 years in the House of Rep- lege, only a Harvard, only a Yale pro- f resentatives is leaving us at the end of this vides a great education. It’s just not session. true.’’ The SPEAKER pro tempore. Under a First elected in 1961, HENRY B. as he is af- Ranking 8th in the entire Nation, previous order of the House, the gen- fectionately known, made his mark as chair- Truman State University consistently tleman from California [Mr. HUNTER] is man of the Banking Committee for 6 years. reaffirms its reputation as an excellent recognized for 5 minutes. The Savings & Loan Industry was reorganized and affordable liberal arts university. [Mr. HUNTER addressed the House. and revitalized during his tenure. He certainly Truman is the only Missouri public in- His remarks will appear hereafter in was a man of strength during an hour of crisis stitution to make Money’s top 100 list. the Extensions of Remarks.] H6904 CONGRESSIONAL RECORD — HOUSE September 4, 1997 The SPEAKER pro tempore. Under a HOPE scholarship, something again State and local responsibility for edu- previous order of the House, the gen- that President Clinton pushed for. As a cation, and I would say just the oppo- tleman from Florida [Mr. BILIRAKIS] is result, students will be eligible for 1,500 site is true. The President, when he recognized for 5 minutes. dollars’ worth of tax credits to help signed Goals 2000 in 1994, specifically [Mr. BILIRAKIS addressed the pay for the first 2 years of postsecond- stressed that education is primarily a House. His remarks will appear here- ary education. But the HOPE scholar- State and local responsibility. after in the Extensions of Remarks.] ship, even though it received a lot of Democrats understand that, but at f acclaim, was by no means the only ini- the same time we believe that there is tiative that was included as a result of a Federal role and that Federal dollars DEMOCRATIC EDUCATION AGENDA Democratic efforts. Also included is a can be used and the Federal Govern- The SPEAKER pro tempore. Under tax credit covering 20 percent of tui- ment can basically help State and local the Speaker’s announced policy of Jan- tion costs, up to $5,000 ceiling through governments to implement tougher uary 7, 1997, the gentleman from New the year 2002 and after 2002 the ceiling standards that will lead to better aca- Jersey [Mr. PALLONE] is recognized for rises to $10,000 for the third and fourth demic achievement. half the time until midnight as the des- year of college. Under this plan, to ba- Essentially what we are trying to do ignee of the minority leader. sically state it in more human terms, with the Federal Government is to Mr. PALLONE. Mr. Speaker, tonight in 2003 a student in a college with a challenge the States and the local gov- I wanted to take our Democratic time tuition of $12,000 would receive a $2,000 ernments to do better, and I think that to discuss the Democrats’ education tax credit. that is a goal that certainly makes agenda. I have a number of my col- Another important provision in- sense for the Federal Government. leagues who are here to join me. We ba- cluded in the budget agreement, again Just wanted to say, and I am going to sically want to talk about what we as a result of Democratic efforts, was a yield to my colleagues who are here to have accomplished to date in this Con- large increase in funding for the Pell join me tonight, that in my home gress and what we likely will focus on grant, for that program which many State of New Jersey we have seen im- in the wake of these accomplishments. students rely on. proved academic performance as a re- First, I think most of my colleagues sult of more rigorous standards. Just b 2215 are aware that in July congressional to give my colleagues an example, re- leaders and the White House reached a As a result of the Democrats, the fis- sults from the October 1995 and April historic budget agreement that will cal year 1998 education appropriation 1996 administrations of a high school balance the Federal budget by 2002. In- bill provides a $1.5 billion increase in proficiency test that we had in New cluded in this agreement were a host of the Pell grant program. That is an in- Jersey for 11th and 12th graders re- tax breaks designed to help the average crease of about 26 percent. vealed improvements in student working American family meet the And there are a lot of other pro- achievements in reading, writing, and runaway costs of education in this grams, I am not going to get into them mathematics. country. The inclusions of these tax all, but there are other things that are You can have more rigorous stand- breaks, Mr. Speaker, I believe was a in the budget that the Democrats ards, it does work, and the partnership great victory for both the American pushed for, like the Education Tech- with the Federal Government, the people, but also for the Democratic nology Challenge Fund, the America State and local governments, I think, Party because the education tax breaks Reads Initiative. Again, these were top is the way to go. have long been at the center of the priorities of the Democrat’s ‘‘Family And I would like to now yield to the Democratic education agenda, and I First’’ agenda and also highly rec- gentleman from Arkansas who has think it is important to remember as ommended by the President. joined me before in talking about some we move toward the next phase of this I am not mentioning these Demo- of these education goals that the agenda that Republicans only agreed to cratic success stories on education just Democrats have put forward. the education provisions of the budget to, as my colleagues know, crow about Mr. SNYDER. I thank the gentleman, because the Democrats basically drew it, but also to say not only that we are and I once again thank the Speaker for the line in the sand and said that these happy about what we accomplished, being with us here late into the were the provisions that we wanted. Of but that we think a lot more needs to evening. course, President Clinton played a be done; I mean, the fight is far from You know, I went home during the major role in that effort. over. break, and as so many Members of Con- The problem was that many of the One area where Democrats will be fo- gress do, and it gives you a good education tax breaks that the Repub- cusing their attention in the weeks to chance to get out in the district, and licans had initially proposed benefited come is the implementation of rigorous one of the places that I went to was to more wealthy Americans than they academic standards. Indeed, we will be northern Arkansas, which is home of would have the middle or lower income seeking to continue to expand upon the the great Arkansas pig-out for those of individual. I just wanted to give an ex- progress made in this area through the you who have not been there before. It ample of that. Goals 2000 program, a program that I is also the home, however, of Petit In June, the U.S. Student Associa- should point out has long been a target Jean College, and I want to just tell a tion, which has been around for about of the Republican Party. I do not know story, if I could, about Petit Jean Col- 50 years, wrote that students around why Goals 2000 is often targeted for ex- lege. the country are registering their dis- tinction by the Republican leadership, I notice that the gentleman from appointment with Republican Chair- because actually, if you look at it, it North Carolina is here with us this man Archer’s plan for education tax was first developed under President evening because it is actually a North initiatives because that package, the Bush. He actually suggested national Carolina connection. Petit Jean had Republican package, would do nothing goals for education, and it was ap- been a VO-TEC in the not too many to expand access to education. They proved by both Houses of Congress years ago, and a group of State sen- were concerned about the fact that the under his administration. ators in the early or late 1980s, 1990, de- Republicans were not looking at the But President Clinton really has cided that we needed to bring Arkan- President’s education tax proposals done the most to try to move Goals sas’ VO-TEC schools into the 21st cen- and that the Republican plan shifted 2000 forward, and he signed a bill that tury so that it could prepare our stu- benefits away from middle-income fam- basically tries to move Goals 2000 to dents and our adults for those kinds of ilies and basically funneled aid to the next step, provide significant re- activities and skills that they were those with greater resources. But I do sources for it, but I also have to stress going to need in the future. And one of not want to keep prolonging this de- because I know that the Republicans the places they went to to study was bate. Essentially the Democrats won on the other side, even this morning North Carolina. and we are happy with the result. here in the well, started to talk about I notice the gentleman from North One of the most important tax bene- the fact that the Democrats with their Carolina is with us here this evening. fits included by the Democrats was the national standards were ignoring the And what they came up with was a September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6905 plan of converting a great number of VO-TECs, whatever type of higher edu- awfully pleased that the bipartisan bal- our VO-TECs into 2-year colleges, tech- cation. We all need opportunities for anced budget, that it contained a sig- nical colleges and community colleges all families. And we all know that if it nificant investment in education. depending on what the local commu- had not been for President Bill Clinton Truth is, it was the largest invest- nity wanted, and this was passed in my insisting on these educational tax cred- ment, as you know, in education for first session as a senator in 1991, and it its and this program for college being education beyond high school since the was supported, of course, and signed in this recently signed budget deal that GI bill in 1945. Roughly $35 billion, and into law by our Governor who was then it would never have come about. that GI bill, of course, in 1945 enabled Bill Clinton. And so I commend the President, I an entire generation of Americans who And as part of President Clinton’s commend the Democrats for taking the came home from the war and others package in that legislative session was lead on fighting for education for all who fought during Korea and other HOPE scholarships, giving opportunity families, and, you know, now it is up to times. It really laid a groundwork for for all families to get their kids into America to take advantage of it. It is an unprecedented economic growth in college, giving opportunities for all up to the good citizens of Conway this country, and it allowed for upward adults to be able to go on to college. County and Faulkner County and all social mobility, and ushered in an era And his platform complemented a the counties across the country to go that has really been called the Amer- group of State senators, including one to the financial aid officers as the ican century in the world. Senator Gordon from the home of the weeks go by, understand these new And I truly believe that the edu- great Arkansas pig-out in northern Ar- laws, take advantage of them, make cational investment that the Demo- kansas who is a leader in this effort, them work, and recognize whether you crats helped push, the President laid complemented their activity very, very are 18 or 28 or 48, these are meant for out, and was enacted will lay the well. you to help in making all families com- groundwork for providing for a lifetime And over the break I went to visit pete in this very robust global econ- of learning opportunities for all Amer- Petit Jean College, it was my first visit omy. ican citizens as they approach the 21st there, and they had just blossomed And I thank the gentleman for being century and really will make the 21st under this new program. And it was here tonight. century, again in my opinion if we fol- great to talk with the President of that Mr. PALLONE. I want to thank the low through with it, the American cen- college about what this Congress and gentleman from Arkansas, and it is tury again. President Clinton has done for them really particularly interesting to note And I think this balanced budget with these HOPE scholarships. Their how President Clinton, when he was package with the tax cuts is good news tuition on an annualized basis is about the Governor, actually implemented a for middle class families and students. a thousand dollars a year, quite a bar- lot of these ideas that now are forming As I said, it contained $35 billion in tax gain for a lot of colleges around the a part of his education initiative on the relief for higher education, and it will country, but our tax credits that we Federal level as President. help break down the barriers of oppor- passed, thanks to the insistence of Bill Mr. SNYDER. If the gentleman tunity for many families because there Clinton, are going to really make the might yield, you know, it was such a are a lot of children who would not difference for a lot of the citizens in great honor to be here. I was sitting have had that opportunity. that rural county, Conway County, to right over there the night hearing my And as you talked about it a little be able to take advantage of Petit Jean first State of the Union Address, and earlier, the HOPE scholarships, I will College. when I heard the President’s list I not get into them, but $1,500 will actu- Another campus I visited during the thought I have heard these lists before ally pay for a community college edu- break was Central Baptist College in on the floor of the Arkansas General cation for a lot of children. In our Conway, Arkansas, which is in Faulk- Assembly. State, we have about 64 of them plus 16 ner County. Faulkner County has three Mr. PALLONE. I yield now to the public universities and a large number colleges, University of Central Arkan- gentleman from North Carolina who, of private. So it will make a difference sas, which is a 4-year State school, again, is one of the best spokesmen on there. And the tax credits beyond the Central Baptist College, which has a 2- the issue of education within our first and second year will provide for a year associate degree, but its 4-year Democratic Party. lifetime of learning for adults. But programs are religious training, musi- Mr. ETHERIDGE. Mr. Speaker, I they also provide for an opportunity to cal education afternoon, training folks thank my friend from New Jersey for get good quality jobs because we know to go on to become pastors, and we also organizing this special order and the an education translates into economic have Hendrix College, which is a very opportunity for me to participate this opportunity for the people who have it, fine 4-year liberal arts private school. evening and to the Speaker and the and if you do not believe it, just look All three of these campuses are going others for being here, and as he knows at the people who have an education to benefit from the passage of help and I had the distinct privilege before join- and look at their economic oppor- aid for families trying to get them- ing this special body, people’s House, tunity, how it improves the health and selves and their children through col- to serve as the elected Superintendent quality of life for their children, et lege. of Schools for 8 years in the State of cetera. I remember talking with one of the North Carolina, a State that has really And according to the Bureau of fellows in one of the classes at Central been actively involved in setting high Labor Statistics, three out of five jobs Baptist College. He said, ‘‘Well, wait. quality educational standards state- in the 21st century, those jobs that will What about us folks that are 27 years wide, and that is really showing some be created, certainly beyond 2005, are old? What about us who have waited to promise in our State, and I know first- going to require education beyond high go back later in life? We’re not 18 and hand from having visited with students school. So I think the passage of this just out of high school.’’ And I can as- and their family how important edu- legislation and the commitment the sure you that the Democratic package, cation is and what a major security Democrats made in this Congress real- and thanks to the leadership of Mr. issue it is for this country and how it ly continues their legacy of a commit- PALLONE and the President and others, will pull us forward, and I am grateful ment to education in making sure definitely makes opportunities avail- that the President, and I was very those who have not had the oppor- able for folks that are adults trying to pleased to be here in my first session tunity will have an opportunity to ben- go back to college. and make it a national priority for our efit and realize the American dream But I think that is what Democrats Nation, because I truly believe that and the opportunity for a quality edu- have stood for, I know that that is education is the one thing that levels cation. what this President stood for in Arkan- the playing field for all young people, During the recess that we have just sas and worked so hard on in the last and there is still an awful lot of young completed, I had the privilege of join- several years, is quality education for people in this country who will be the ing Secretary Riley in traveling in my all families, opportunities to go on to first in their family to attend an insti- district. We really participated in a college, 2-year colleges, 4-year colleges, tution beyond high school, and I was forum on quality education, and then H6906 CONGRESSIONAL RECORD — HOUSE September 4, 1997 we traveled to a community college, did in the State of the Union Address, ing States in the Nation in terms of met with students and administrators and sticking by his guns and negotiat- growth. to talk about the positive difference ing for sound, secure educational pol- I believe our fourth graders are about that these investments will make in icy, I am not so sure we would be three times the national average, and the lives of real people, people who are standing here talking about it this the eighth graders, about four times. It in school, people who want to go to evening. really is a focus. And I think we have school, and as we met with a number of Democrats can take a great deal of to give our children that focus and help students and administrators at Vance- pride in leadership and standing up. our teachers and others. Granville Community College outside Let me say a word before I sit down I have drafted a resolution for a num- our capital city in Raleigh, it was real- on the things we need to do, because I ber of these things on educational ly refreshing to hear how this would think as we talk about where we are, standards, and a lot of Members have impact students. we need to talk about what we have already signed it. We haven’t dropped But let me share with you, if I may, yet to do. As we move forward in edu- it in yet, but we plan to, because in Mr. Speaker, what Stacy Marshburn, a cation, I see that there is a lot that North Carolina, we have achieved re- 23-year-old mother of two children who needs to be done, and these are some sults as it relates to standards, and I is going to college full-time and work- things that certainly are local respon- happen to believe that it is important. ing part-time, what she had to say, and sibilities, but we at the Federal level We are one of several States that have I quote: can’t walk away from. already volunteered to do the state- I learned, as superintendent, we can wide, when the nationals come out, be- b 2230 stand here and argue about whose role cause we are on the sampling now. ‘‘The tax cut is wonderful. It will it is, but last time I checked and went What we are really talking about in help my family, and me, and many oth- into a classroom, a student never asked this is extending the sampling to every ers, at Vance-Granville Community me who paid for their textbooks or who student. That is really what you are College.’’ built the building or who paid their talking about. We do the fourth and She continued, ‘‘I thank the Congress teachers or who provided any of the eighth grades on a sampling basis. We for passing the tax cuts. I think it will services they get. A child only knows are talking about doing it for every really help people who are trying to what they do not get or what little student. raise a family and still go to school. they may get. Let me close by saying that North Being a full-time student with two I think sometimes those of us in pub- Carolina was the one State that was small children to support, I feel that lic office get too carried away by whose singled out this past spring on the na- these will go a long way toward helping responsibility it is and forget that it is tional assessment. We are quite proud me achieve my educational goals.’’ all of our responsibility. of it. But the truth is, the people who The truth is, for Stacy Marshburn, it With that, I am talking about the deserve the credit are the students and will allow her to finish her education crumbling schools that we have in teachers, because North Carolina was and get a job and change the lifestyle some of our inner cities and some of the one State that received the most she is enjoying, but more importantly, our rural areas across this country; improvement award of all the States it will change a whole generation for that we have to get beyond the dialog because of their progress in that over her children who will now have an op- of whose responsibility it is and say, it the last several years. portunity to enjoy the benefits of a is all of our responsibility, it is our I think it is important. But it is not mother who is well educated, the qual- country and they are our children. We important that we talk about that; it ity of life she can attain from better have to deal with that. is important that we go about the busi- income. There are some communities that ness of helping every student in every And the president of that community cannot do it without some help, with- State and every community, every college, Dr. Ben Currin, said, ‘‘I think out some leveraging. I think that is an child, no matter where they live, to be the changes we see in this agreement issue we have to grapple with, and we a part of that progress of being part of are perhaps the most important edu- had better get on with the business of the most improved as the time goes on. cational changes that we have seen dealing with it, because if we do not, Because achievement is some evidence since the Pell grants were started,’’ be- those are the young people that I think that raising standards will work to cause, as you know, the Pell grants for will not get the opportunity they need. raise performance; if you expect more, our colleges and community colleges Certainly the issues of providing sup- you get more. are really the dollars for those most- port for our teachers and our commu- We must learn that lesson and sup- needy students. nities who are working to build a port educational standards of excel- We haven’t talked about it this strong base for character education in lence. I think it is important. evening, but this package, with the our schools, to help our young people The last time I checked, when we President’s request and commitment deal with the challenges, that is impor- look at batting averages, we measure and standing behind it and the Demo- tant. We have to take advantage, I the batting average of all players crats pushing it, we have the largest think, of the ground-breaking research against the standard. I played a little Pell grant increase in history. on early childhood development. We bit of basketball in college. They did So what we have done is made sure know what works; we need to get be- not lower the hoop because you were that all students, those in the middle, yond the dialog and get involved. The shorter, they did not raise it because those at the bottom, those who have sooner we have children, the better off you were taller. You played against the the great need, all will be beneficiaries they are going to be later on. same hoop at the same height, and the of this legislation. They have to come to school ready to basket is the same size. And the same Let me cover a couple of more points learn. I have been there, talked with is true of all our students. We do them before I turn it back to you, if I may. too many teachers and know the prob- a disservice if we do not help them As you know, we have an Educational lems, as you do, that we have to help achieve the highest level, because when Task Force in the House, and I have them early, because they are not get- we do not do that, we do not open the had the distinct privilege of having co- ting it in many cases. door of opportunity to the whole world. chaired that. We met many, many I think we also must support edu- Mr. PALLONE. I want to thank the times. We have generated a great deal cational standards of excellence. On gentleman, because I think that you of ideas and a lot of support, with your another day I would like to talk about really bring forth the practical prob- help and your sharing the bully pulpit that in length, because North Carolina lems that we face. You have been in here in the House and others talking has invested about 8 years, while I was the trenches in your home State, and about education and the President superintendent and they are still in it. you understand what needs to be done. using the power of his office. And the NAEP scores that came out, One of the reasons that we are here And I am grateful for that this National Assessment of Educational tonight is because we really believe evening, because without him standing Progress and sampling you volunteer that we need to move to the next phase up and making it a major issue, as he for, North Carolina was one of the lead- on education issues. We have done the September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6907 budget, we are done with the tax cause it does have an impact. I know. I vious to this in Congress I have worked breaks, and a lot of the impact of the have seen it, I have been there. It has for some national standards that the budget affects, I would say, college and an impact on their attitudes, their States could voluntarily adopt. I am university training. learning. There is a whole list of things proud to say, Texas is one of those who But we need also to address second- we do not need to go to. adopted those goals, with a bipartisan ary schools. We need to go from pre- But you are absolutely right, and I legislative effort, a Republican gov- school right up to graduation from think that is one we should revisit. I ernor and Democratic legislature, who high school. plan to be a part of that. I think we did that. One of the things that you kept should. That, in conjunction with But now we need to address on a bi- stressing is that if you look at this standards, is an important place. partisan basis pre-K through the 12th practically, you understand that there I thank the gentleman for taking the grade, because again, as our colleagues has to be a Federal role as well. There time to be here. said, we know what is wrong with the is a Federal role, there is a State role, Mr. PALLONE. I appreciate the gen- system. We know we need to have a and there is a local role. tleman’s comments. standardized test. The two things that the Democrats I yield to the gentleman from Texas Texas has a standardized test. It has have been talking the most about in [Mr. GREEN]. taken us a number of years to get to the last couple of days since we got Mr. GREEN. I would like to thank that point. A student in our high back here, one is the issue of raising my colleague from New Jersey for tak- schools, unless they pass that exit level education standards across the coun- ing this special order this evening. Also exam, they do not receive a diploma. try, because Democrats really would my colleague from North Carolina [Mr. That is tough, because I have had par- like to see education standards so that ETHERIDGE], who again was the State ents and students who have said, wait a students from Maine to Alaska can superintendent, in talking with him, minute, I worked 12 years, maybe 13 master the basics of reading and math. since he is a first-termer, about edu- years to get that diploma, but they That is what they need, those skills, to cational opportunity. could not pass that test that sup- succeed. Also, having played basketball with posedly is on basic skills. The other thing you mentioned, the gentleman from North Carolina It is a little tougher than basic skills which I think we have also been stress- [Mr. ETHERIDGE], I think they need to now, because over the last few years it ing as Democrats, is the need to re- lower the hoop for me and maybe raise has been made tougher because the build crumbling and overcrowded it for him, because he is quite a bit course level is harder now. schools. As you remember, during the taller. But thank goodness he has al- b 2245 budget debate, we actually proposed an ways been on my own team, so we will But we have gone through that. So initiative, I think a $5 billion initia- keep the hoop the way it is. we do need some type of test instru- tive, to help localities rebuild schools What the gentleman said is right and ment. I am not a big proponent of tests and to address overcrowding. That was what our colleagues said was correct, because I worry about how they treat something that the Republicans, unfor- in that over a month ago we reached a students who may not have the same tunately, did oppose, and so it did not bipartisan agreement on helping par- opportunity. get into the final budget bill. But I ents and helping students in college, Last night I was using a special order think that is an issue also that is whether it be the Hope scholarship pro- to recognize a school district that my across the board, not only in urban and gram, the tax deductions for parents two children graduated from that were rural areas, but suburban areas. with children in college, or the Pell recognized in the State of Texas, and in It is interesting, because suburban grants for children who are too poor to my own county. It is an urban school areas probably face more overcrowding be able to benefit from tax cuts or the district with easily a majority minor- than any other localities because so scholarship programs. ity district, but they were recognized many new students have gone into We addressed that in a bipartisan ef- because of their increase in their test those suburban areas, and they do not fort, although I have to admit before scores, their low dropout rates, and have the facilities for them. July 30, if you would have told me in also their high attendance records; Mr. ETHERIDGE. If the gentleman June or May it would have been bipar- that they had to have a 94 percent av- will yield, you touched on a point that tisan on the quality, or the total erage attendance record. They were is important, because when you think amount of the tax cuts that had been recognized for that, and because of the in terms of standards, I certainly agree provided for education, I would not quality education. and understand where we are headed. have believed it. But I think on a bi- What we need to do though, is to say, When you think in terms of facility partisan basis, and I know one of our now we need to do for kindergarten or quality and where people go to work colleagues got a lot of press saying we pre-K through 12, what we did every day, I have been into buildings were all breaking our arms patting bipartisanly for higher education. We where teachers worked. We forget, they ourselves on the back for it. It was a need to talk about a voluntary na- are our employees. We are paying them bipartisan agreement that I supported, tional standard, because again, the Federal and State moneys, depending and because it was bipartisan, it ad- child may be educated in the Alvino on how you look at it, or local funds. dressed higher education needs in our School District in the State of Texas I say to Chambers of Commerce, I country. but they very well may move to New have said to any group I speak to, when As our colleague said, we need to Jersey. Frankly, New Jersey or Texas they say to me, the quality of building think about tomorrow and the future wants to know if a student is educated does not make any difference, I say, of our country, the college graduates, in the other State, that they have a well, if that is true, then the next time the assistance for those students. That certain level of educational quality; you invite an industry in and you real- is why it is so important. Again, I was again, not that we want to set those ly want to impress them, take them proud of this Congress for addressing standards, but we want to have a na- down to the docks down here or down that in a bipartisan way. tionwide standard that districts and to one of the warehouses that you have My concern here is, and here today States all across the country will say, closed up, and say to them, it really we debated the Labor-HHS appropria- yes, we measure up to those standards. does not make any difference, the qual- tions bill and up until today the big- But they will be adopted locally by ity of the building you make your gest concern we heard was there was an that State board of education, that products in, and we want you to move amendment by our colleague from State superintendent, however the in here, and see how many of those in- Pennsylvania to take away the na- State structures it. dustries you get to come to your busi- tional test. So we can do it. But again, we need ness. They will not come. Well, frankly, I supported that to make sure it is not the Federal Gov- I think it is important that children amendment, because I do not know if ernment turning our backs on the fu- see the quality, that you do care about we need a national test. I know we ture of our Nation. where they go, and that they do have might need some voluntary national We talk on this floor a lot of times the quality of facility they need, be- standards, and for my two terms pre- about the defense of our country. We H6908 CONGRESSIONAL RECORD — HOUSE September 4, 1997 need to look to the future and see how boomers. There are 52 million students. a high school algebra teacher. Last we can defend our country in the fu- Are these children going to receive the year she had over 40 students in an al- ture, where the best way we can defend best quality education to take our gebra class. How do you teach algebra our country is not just by additional place here as Members of Congress, or students? I had enough trouble when I bombers and additional troops and bet- as doctors, lawyers, engineers, what- sat through geometry twice during the ter trained troops, but it is a better ever profession they may go into, or day to learn. Obviously, that is why I educated populace. It is an educated whatever trade they may have? Obvi- became a business major and a lawyer. populace who can go into military ously, we cannot say yes tonight. But you cannot teach students when service and maybe make a career out of Students from kindergarten to high you have 40 in a classroom, and that is it, since we have career military, and school need a good learning environ- what is so sad. You have to have small- are educated to the point that they can ment, an environment where students er class sizes and buildings to match defend our Nation. But again, an edu- feel comfortable asking questions, that, so teachers can do it. A lot of our cated Nation, high skills, higher edu- where teachers are accessible for indi- schools are going through a building cation, is what will make our country vidual tutoring if needed, and where boom, if their taxpayers support the powerful, even in addition to our mili- teachers want to teach, and more im- bond elections. Again, using the Alvino tary power. That is what is so impor- portantly, where students want to School District as an example, they tant. learn. passed the bond election that provided The voluntary national standard Students are not receiving enough for a great many more classrooms for issue is not whether to implement a personal attention. We need to lower our school. Selena Park ISD in my dis- national test, the issue is to set a na- the pupil-teacher ratio. In Texas in trict passed a bond election, the voters tional standard for students, and we 1984, when we went through our reform did. The Houston Independent School need to focus on providing quality edu- in public education, we lowered our District, over 200,000 students every cation for students. We know the sys- class size in kindergarten through day attend. The bond election failed, so tem is not working as best it should. fourth grade to 20 students, 22 students we have problems there, but they are That is why we need to put our shoul- per teacher. That has been a tough trying to come up with facilities. der to the grindstone with those school standard. In fact, we have had to grant I have a high school that is in ISD board members, with those State waivers because of the growth. In every that I went to high school with. Years school board members, with those leg- session, we will have administrators ago they decided to do away with the islators, and with the parents and come back and say, we need to take library because they needed the class- those teachers who are providing that that away. rooms, so they use the city library education every day. But we learned that the lower, the across the street. They do not have a I learned as a State legislator in smaller class sizes—in fact, the ideal cafeteria at that high school. They use Texas for 20 years that we did not edu- class size is 15 to 1, but we could not af- a junior high cafeteria that is a block cate students in the halls of the State ford it. But we did say 22 to 1, to those away. That is wrong. We ought to pro- legislature. We do not educate students most important years of K through 4. vide those facilities for the high school here on the floor of the Congress. The I introduced a bill as a State senator students and junior high students with- education of those students is by those to make 22 to 1 from K through 12th out them having to use a city library. teachers in that classroom. Any help grade. Of course, the cost of that was I at one time thought that was great we can give with whatever power we astronomical, but it made us talk because we could leverage the funding. have, whether it be funding, whether it about it. So whatever we can provide The problem is that city library is not be assistance to those teachers, to have on the Federal level to make sure those equipped like a school library would smaller class sizes, to have more ade- teachers can work with those students be, particularly a middle school library quate books, to provide that assist- in smaller class sizes. But again, it is a or a junior high and a high school li- ance; and again, through title I, that is Federal concern and it is a State re- brary. So we have problems with build- a great program that has been with us sponsibility, but it is our job as Mem- ings, we have problems with pupil- since the 1960’s. I would like to see it bers of Congress to make sure we are teacher ratios, and we in Congress need continued. We expanded it in 1994 when planning for tomorrow. to do something bipartisanly. That is we reauthorized title I funding, Federal The schools are overcrowded. Build- why we are talking about this. help for schools. But we need to do ings are unsafe. Even as we stand here Let us just not talk about tests, and more of that. tonight, in the District of Columbia we say the President wants national tests, The crumbling school buildings, we know that the schools have not re- let us be against that. Let us talk know even if we had gotten the $5 bil- opened because of the hazardous condi- about what we can do constructively, lion that was talked about, that again, tions that they have. But that is not and that is why we can have some vol- leveraging that across the country, we just in D.C. It is easy to pick on D.C. untary national standards, and also put could spend $5 billion in the State of when you are around the country, and our money where our mouth is. That is Texas alone and it would not have sometimes they give us very fertile why I was proud of this Congress in helped that much. But again, it is the ground to pick on them. But it is not July, and I hope I will be proud of this effort, and that little bit of Federal as- just in the District of Columbia, it is Congress when we address putting sistance to the local taxpayers who all over the country that we have prob- funding in the kindergarten through have had to vote those bonds to build lems with buildings and deteriorated the 12th grade for public education, so those schools, to some of the States conditions. we can prepare those students for to- who provide building assistance. But As the gentleman said earlier, it is morrow. mainly, it is also saying, we are all in not just in the urban areas, it is not I will close, I say to the gentleman this together and we are all Americans, just in a district like I represent. It is from New Jersey [Mr. PALLONE], whether you are from North Carolina, also in my suburban districts that I thanking him. Some of us in 1992, we New Jersey, or from Texas. That is represent, but it is also in the rural fa- heard Fleetwood Mac too often singing what is so important. cilities. That is why I think whatever ‘‘Don’t stop thinking about tomorrow,’’ The question is, are we providing bill we can craft needs to address both but if we as Members of Congress stop children today the best education and the rural, the suburban, and the urban thinking about tomorrow, then we are the best learning environment, with needs to provide that leverage that will not doing our job. Our job is to make the best facilities? Of course not. We help that local school boards and those sure our country is as great tomorrow would not see the problems we are hav- local taxpayers to approve a bond elec- if not greater than it is today. ing. That is why we need to make it tion, maybe, or that State to provide a If we are derelict in our duty in not even better. little extra money for building and con-providing for educational opportunity This year specifically we have 52 mil- struction that a lot of States do not provide.and better opportunity for our chil- lion students who have entered school Teachers are stretched to their lim- dren, then we are doing a disservice to this fall. This is a record number, sur- its. Like I said, some teachers have 40 our Nation and we are doing a disserv- passing those of us who are the baby students in their classroom. My wife is ice to those students, those 452 million September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6909 students, who started school this year. So even though $5 billion does not Mr. WELDON of Pennsylvania. Mr. That is not what I came to Washington sound like a lot nationwide over a pe- Speaker, I rise this evening to discuss to do. riod of years for crumbling schools, it several defense issues, but before dis- Again, I want to thank the gen- can be used to leverage, and it can be cussing those issues, I would like to tleman for allowing us tonight to give leveraged also to make a big difference. follow up on the previous special order this special order. I know we have So those Federal dollars can mean that we just heard, since many of our taken up most of his time, it seems something, even though they may not colleagues perhaps in their offices, and like, but the gentleman has heard a lot seem like a lot. I know the gentleman citizens around the country, have been of accents tonight, from North Caro- mentioned about the wise use of funds, listening to three of our colleagues dis- lina to Texas to the Northeast. That is and that is what we have to look at cuss education. because it is a national problem. It is here over the next few months. Mr. Speaker, I want to, first of all, not just a localized problem. I thank Mr. GREEN. If the gentleman will applaud the gentleman from Texas [Mr. the gentleman again for allowing me to continue to yield, Mr. Speaker, we GREEN] because I heard him use the participate. have an interstate highway system word ‘‘bipartisanship’’ a number of Mr. PALLONE. Mr. Speaker, I appre- that we build with predominantly Fed- times in reference to education suc- ciate the gentleman’s comments, and eral dollars, with some State dollars, cess. I want to applaud him, because I believe me, my purpose tonight was to and of course, we have different levels, want to distinguish my colleague from get everyone to participate, and use as depending on what the level of the Texas as opposed to the other two much time as they like. highway system is. We could not build Members from whom we heard nothing I guess there is not a lot of time left, those highways if it was just Texas and except the phrases ‘‘Democrats, Demo- but I just wanted to say, the gentleman New Jersey. crats, Democrats.’’ mentioned particularly at the end We could not build as many, but we Now, I do not know what amount of about the use of resources. We all know have to leverage it between the two, classroom teaching experience my col- we have scarce resources around here. and I wish I could tell the gentleman I leagues that spoke have. I spent 7 years We just passed the Balanced Budget was talking about a program like the in the public schools of Pennsylvania, Act. I think our whole purpose is to use Federal highway system for education, was active in my education association those scarce resources on the Federal but under our budget constraints we as a vice president, was a negotiator level as wisely as possible. This idea of cannot do that. But we can provide for a while, was involved in running a having or raising education standards some funding to help those districts, chapter 1 program in an impoverished around the country really is a way of just to help provide those. area in my county. So my experience is using very little resources to achieve a Maybe that will be the extra help to based on real life. I am not one of the great effect. convince the local taxpayers to provide attorneys in this institution. I know that in New Jersey, I was a bond election to build those schools, Mr. Speaker, Republicans have in the given today a document from the New because very few districts can build past, continue today, and will be in the Jersey Department of Education, very schools out of current revenue. They future, in the forefront of working to recent, that is the annual report of just do not have that ability. You can- improve our educational system in this Goals 2000, Educate America. It shows not do capital improvements without country, and for some Member to stand basically how New Jersey, I think New leveraging over a number of years, and up here for 50 minutes and talk about Jersey in the last fiscal year, received even a small amount of money from only one party has a market on what about $8 billion for Goals 2000. What the Federal Government would help we need to do to improve our schools is they essentially used it for, or a lot of to—and again, we are not going to tell an absolute outrage. It is really a it, was to put together this strategic them how to build those schools, we shame, because I think it is a slap in plan on a State level to achieve higher are going to just let them be a partner the face to people like the gentleman with them for a little bit, to make sure standards. from Pennsylvania [Mr. GOODLING] who —maybe they can afford 95 percent and It was very interesting to see, this is chairs our Committee on Education we can do 5 percent or something like a long document, but to see how they and the Workplace, who himself was a that, or even less, but it will make a put together curriculum content stand- classroom teacher, a superintendent, ards, they developed a partnership with difference. That will show that we are all in this and someone who was involved in edu- private organizations, in other words, together as Americans, again, across cation. Or the gentleman from Illinois some of the universities, some of the our country, worrying about and ad- [Mr. PORTER], who spent a significant corporations, to do joint programs dressing the issue of educational oppor- amount of time working on education within the schools. The list goes on and tunity for our children and quality. priorities. on. I was just amazed to see, $8 million The successes that we have had in Again, like our colleague, the gen- sounds like a lot, but on the State level this Congress have been bipartisan, and tleman from North Carolina, said, the it really is not very much, how they they have not been because of any one education is in the classroom with were able to use that $8 million and ba- party. In fact, I would remind some of those teachers and those parents who sically leverage it to really do a lot to- my colleagues who just spoke, and I participate. All we need to do is make ward achieving higher standards within again say with the exception of the sure we are partnering with them to the New Jersey schools. gentleman from Texas [Mr. GREEN], help them. Of course, we have, as the gentleman that it was the Democrat Party who mentioned in Texas, we have these b 2300 for 50 years controlled this institution. standardized tests we give in New Jer- Mr. PALLONE. Our main purpose, of In fact, the first 2 years of the Clinton sey, and they have shown that the pro- course, is to continue to point out that administration the Democrats con- ficiency has actually improved in the as Democrats we want to make edu- trolled the White House and both last few years, so it is very possible, cation a top priority and we think we Houses of Congress. really, to leverage some of these Fed- have done a lot as you mentioned with Is not it amazing that those who eral dollars in a way that really makes the Balanced Budget Act, but a lot would seek to be most partisan in this a difference. more needs to be done. debate on education would now begin I think the same thing is true with f to take credit as a political aspect of the infrastructure of schools, as well, the Democrats’ agenda for what a Re- because oftentimes, as the gentleman NATIONAL SECURITY AND publican Congress has enacted in the knows, the local school districts, if DEFENSE ISSUES last 3 years? It has, in fact, not been a they can get some money to, say, un- The SPEAKER pro tempore. Under Democrat win and it has not been a Re- derwrite the bonds, oftentimes they the Speaker’s announced policy of Jan- publican win. It has been a bipartisan will use bonding to build a new school uary 7, 1997, the gentleman from Penn- effort, as the gentleman from Texas al- or replace a school. If they can get sylvania [Mr. WELDON] is recognized for luded to, to bring Members of Congress funding to underwrite the bonds, they 60 minutes as the designee of the ma- together for the good of our children are able to do things. jority leader. and the schools of this country. H6910 CONGRESSIONAL RECORD — HOUSE September 4, 1997 Mr. Speaker, I take exception to that when we have a conversation over nologies that we allow to be sold to some of the comments that were made, the Internet, no one else can intercept rogue nations. It is a very important and as a classroom teacher who spent a that conversation. amendment. number of years working to improve There are very important principles It also closes a loophole, Mr. Speak- the quality of our children’s edu- in question here relative to the secu- er, in H.R. 695 that, in effect, would cational opportunities, I am proud of rity of the people of this country hav- allow supercomputers to be sold over- what this party and this Congress has ing their ability to communicate and seas if, in fact, they have encryption done, bringing Democrats in with us, not having the Government or anyone built in. to bring forth new initiatives and new else be able to have access to that. Now, this is kind of an ironic twist ideas to help all of our schools across Encryption provides that protection here, because many of the cosponsors this great Nation. and, in fact, it is available in this coun- of this bill voted for an amendment Mr. Speaker, my real purpose tonight try. However, the piece of legislation that criticized the administration for is to discuss several defense priorities that is now under consideration, H.R. allowing Cray supercomputers to be that are going to be coming up and 695, which a number of our colleagues sold to China and Russia. Yet, Mr. should be on the minds of our col- have cosponsored, would basically re- Speaker, in this very provision that leagues over the next several weeks. In move export controls and allow this some of them have unknowingly co- fact, one issue is going to be coming technology in its most sophisticated sponsored, there is a loophole that before several of our committees. It al- form to be sent overseas. would allow those same supercomput- ready has, in fact, been an issue in the Now, there are some in this country, ers, if encryption is contained in those Committee on International Relations and myself included, who have some supercomputers, to be sold overseas as well as the Committee on the Judi- concerns about the administration’s with no restrictions. I do not think ciary where a bill has passed and is current policy over encryption and that is the intent of most of our col- now pending before the Committee on want to see reforms that will allow our leagues, and the amendment that I will National Security, the House Perma- software industry to continue to be on be offering on Tuesday will correct nent Select Committee on Intelligence, the cutting edge of new technologies to that. Now, I would also encourage our col- and the Committee on Commerce. encrypt information that, in fact, we This bill, Mr. Speaker, is a very tech- will be using every day. leagues, Mr. Speaker, to try to get nical piece of legislation dealing with However, while I do not support the briefings from Louis Freeh, the Direc- an issue that many of us have not fo- current policy of this administration, I tor of the FBI, who I had in my office cused on, and that is the whole issue of cannot in good conscience support a today for 1 hour, or from the National information. total wiping out of any export control Security Agency, on the domestic im- One of our greatest challenges as we on technology that a cartel, a drug car- pact of a total elimination of controls approach the 21st century is how to tel, or an adversary nation has been over encryption. Again, I am not happy with the ad- manage information and to make sure using and could be using to prevent our ministration nor am I happy with their that we, in fact, can become smart law enforcement, intelligence, and de- proposal to establish what is called a cities, smart regions, and further uti- fense resources from protecting the key recovery system. But we do need lize information technology to enhance American people from the threats of to allow the law enforcement entities the quality of the lives of our people. drug dealing, from the threats of in- in this Nation, we do need to allow the Mr. Speaker, in that process, how- timidation, terrorist activities, or Justice Department, to go through the ever, we face a dilemma. At a hearing other activities of that type. established system of our courts with that I chaired in March of this year as Mr. Speaker, I urge our colleagues to court and judicial approval to gain ac- the chairman of the Subcommittee on carefully review the impact that this cess to gather data that can be used; Research and Development, I took tes- legislation will have, first of all, on our for instance, in uncovering pedophiles timony for 6 hours on the issue of in- national security and on our intel- who in fact have been using and con- formation warfare, and I heard rec- ligence-gathering capabilities. In fact, tinue to use our Internet to unknow- everyone in fact in the administration ommendations and reports provided to ingly get the attention and to commu- us that an adversary in the 21st cen- concerned with defense intelligence has nicate with young people through the tury may not have to spend his or her come out with grave reservations Internet; or to get access to encrypted dollars on sophisticated weapons sys- about this legislation. data that, in fact, has been used by Mr. Speaker, I have also received a tems or on bigger bullets or larger mis- drug cartels; or for instance, the group letter from Secretary Cohen expressing siles or longer range technologies, but that was involved in the bombing of rather concentrate on using methods his grave reservations about this legis- the World Trade Center in New York. to compromise our information sys- lation. Our law enforcement community has tems, to bring down our banking and Mr. Speaker, on Tuesday, when the to have some ability, through a very financial systems, our mass transit Committee on National Security difficult and very well-thought-out systems. marks up this piece of legislation, I process, to get the approval from our Mr. Speaker, the recommendation will be offering an amendment that courts to get access to encrypted data coming out of that hearing from the will enjoy the support of both the gen- for very specific purposes when the na- Defense Science Board was that we tleman from South Carolina [Mr. tional security of this Nation and our should dramatically increase spending SPENCE], chairman of the Committee people is at risk. for information security and control by on National Security, and the gen- It is extremely important every law about $3 billion a year. tleman from California [Mr. DELLUMS], enforcement head in our Federal Gov- Mr. Speaker, we cannot afford to do ranking Democrat on that committee, ernment has, in fact, signed a letter to that because that is just too much that hopefully will pass, that will deal every Member of Congress stating their money. We made a modest increase in with one-half of the issue and that is concern with this bill. I would also, Mr. this year’s defense bill and we are whether or not we should completely Speaker, like to enter that letter into working to keep that modest increase eliminate all export controls and ex- the RECORD. in place to demonstrate new tech- port process to review encryption tech- OFFICE OF THE ATTORNEY GENERAL, nologies to allow us to protect our sys- nology that would be sold overseas and Washington, DC, July 18, 1997. tems in this country from the threat of marketed overseas. DEAR MEMBER OF CONGRESS: Congress is an adversary taking them down. I think it is a fair compromise. It considering a variety of legislative proposals But there is a piece of legislation does not, in fact, satisfy all of the in- concerning encryption. Some of these pro- that is being pushed on a fast track dustry groups who want to have no ex- posals would, in effect, make it impossible basis that would totally remove the ex- port controls, and it does not satisfy for the Federal Bureau of Investigation (FBI), Drug Enforcement Administration port controls over encryption tech- the administration, but it does give us (DEA), Secret Service, Customs Service, Bu- nology. Encryption, Mr. Speaker, as we an ability to have a process in place to reau of Alcohol, Tobacco and Firearms, and all know, is the technology and the continue to allow our Department of other federal, state, and local law enforce- process used to code information so Defense to monitor the kinds of tech- ment agencies to lawfully gain access to September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6911 criminal telephone conversations or elec- ment protects the privacy and liberties of data should the need arise, and that will per- tronically stored evidence possessed by ter- our citizens but permits law enforcement to mit law enforcement to obtain lawful access rorists, child pornographers, drug kingpins, use tightly controlled investigative tech- to the plain text of encrypted communica- spies and other criminals. Since the impact niques to obtain evidence of crimes. The re- tions and data. of these proposals would seriously jeopardize sult has been the freest country in the world An enforcement mechanism that public safety and national security, we col- with the strongest economy. criminalizes both improper use of encryption lectively urge you to support a different, bal- Law enforcement has already confronted key recovery information and the use of anced approach that strongly supports com- encryption in high-profile espionage, terror- encryption for criminal purposes. mercial and privacy interests but maintains ist, and criminal cases. For example: Only one bill. S. 909 (the McCain/Kerrey/ our ability to investigate and prosecute seri- An international terrorist was plotting to Hollings bill), comes close to meeting these ous crimes. blow up 11 U.S.-owned commercial airliners core public safety, law enforcement, and na- We fully recognize that encryption is criti- in the Far East. His laptop computer, which tional security needs. The other bills being cal to communications security and privacy, was seized in Manila, contained encrypted considered by Congress, as currently written, and that substantial commercial interests files concerning this terrorist plot. risk great harm to our ability to enforce the are at stake. Perhaps in recognition of these A subject in a child pornography case used laws and protect our citizens. We look for- facts, all the bills being considered allow encryption in transmitting obscene and por- ward to working to improve the McCain/ market forces to shape the development of nographic images of children over the Kerrey/Hollings bill. encryption products. We, too, place substan- Internet. In sum, while encryption is certainly a tial reliance on market forces to promote A major international drug trafficking commercial interest of great importance to electronic security and privacy, but believe subject recently used a telephone encryption this Nation, it is not solely a commercial or that we cannot rely solely on market forces device to frustrate court-approved electronic business issue. Those of us charged with the to protect the public safety and national se- surveillance. protection of public safety and national se- And this is just the top of the iceberg. Con- curity. Obviously, the government cannot curity, believe that the misuse of encryption victed spy Aldrich Ames, for example, was abdicate its solemn responsibility to protect technology will become matter of life and told by the Russian Intelligence Service to public safety and national security. death in many instances. That is why we Currently, of course, encryption is not encrypt computer file information that was urge you to adopt a balanced approach that widely used, and most data is stored, and to be passed to them. accomplishes the goals mentioned above. transmitted, in the clear. As we move from a Further, today’s international drug traf- Only this approach will allow police depart- plaintext world to an encrypted one, we have ficking organizations are the most powerful, ments, attorneys general, district attorneys, a critical choice to make: we can either (1) ruthless and affluent criminal enterprises we sheriffs, and federal authorities to continue choose robust, unbreakable encryption that have ever faced. We know from numerous to use their most effective investigative protects commerce and privacy but gives past investigations that they have utilized techniques, with court approval, to fight criminals a powerful new weapon, or (2) their virtually unlimited wealth to purchase crime and espionage and prevent terrorism. choose robust, unbreakable encryption that sophisticated electronic equipment to facili- Sincerely yours, protects commerce and privacy and gives law tate their illegal activities. This has in- JANET RENO, enforcement the ability to protect public cluded state of the art communication and Attorney General. safety. The choice should be obvious and it encryption devices. They have used this LOUIS FREEH, would be a mistake of historic proportions to equipment as part of their command and Director, Federal Bureau of Investigation. do nothing about the dangers to public safe- control process for their international crimi- BARRY MCCAFFREY, ty posed by encryption without adequate nal operations. We believe you share our con- Director, Office of National Drug Control safeguards for law enforcement. cern that criminals will increasingly take Policy. Let there be no doubt: without encryption advantage of developing technology to fur- THOMAS A. CONSTANTINE, safeguards, all Americans will be endan- ther insulate their violent and destructive Director, Drug Enforcement Administration. gered. No one disputes this fact; not indus- activities. LEWIS C. MERLETTI, try, not encryption users, no one. We need to Requests for cryptographic support per- Director, U.S. Secret Service. take definitive actions to protect the safety taining to electronic surveillance intercep- RAYMOND W. KELLY, of the public and security of the nation. That tions from FBI Field Offices and other law Undersecretary for Enforcement, U.S. is why law enforcement at all levels of gov- enforcement agencies have steadily risen Department of Treasury. ernment—including the Justice Department, over the past several years. There has been GEORGE J. WEISE, Treasury Department, the National Associa- an increase in the number of instances where Commissioner, U.S. Customs Service. tion of Attorneys General, International As- the FBI’s and DEA’s court-authorized elec- JOHN W. MAGAW, sociation of Chiefs of Police, the Major City tronic efforts were frustrated by the use of Director, Bureau of Alcohol, Tobacco and Chiefs, the National Sheriffs’ Association, encryption that did not allow for law en- Firearms. and the National District Attorneys Associa- forcement access. tion—are so concerned about this issue. There have also been numerous other cases We all agree that without adequate legisla- where law enforcement, through the use of Mr. WELDON of Pennsylvania. And tion, law enforcement in the United States electronic surveillance, has not only solved finally, Mr. Speaker, I would like to will be severely limited in its ability to com- and successfully prosecuted serious crimes ask our colleagues to please listen to bat the worst criminals and terrorists. Fur- but has also been able to prevent life-threat- the law enforcement community. For ther, law enforcement agrees that the wide- ening criminal acts. For example, terrorists the last year, Members of Congress, es- spread use of robust non-key recovery in New York were plotting to bomb the Unit- pecially those who have cosponsored encryption ultimately will devastate our ed Nations building, the Lincoln and Holland this legislation, have heard from the ability to fight crimes and prevent terror- Tunnels, and 26 Federal Plaza as well as con- ism. duct assassinations of political figures. software industry, the Microsofts and Simply stated, technology is rapidly devel- Court-authorized electronic surveillance en- those companies that see dollar signs oping to the point where powerful encryption abled the FBI to disrupt the plot as explo- in terms of export sales that could will become commonplace both for routine sives were being mixed. Ultimately, the evi- grow astronomically. And I want to see telephone communications and for stored dent obtained was used to convict the con- them succeed, too. That is part of my computer data. Without legislation that ac- spirators. In another example, electronic ultimate goal. But we also need to lis- commodates public safety and national secu- surveillance was used to stop and then con- ten to law enforcement. rity concerns, society’s most dangerous vict two men who intended to kidnap, mo- Mr. Speaker, I would ask to include a criminals will be able to communicate safely lest, and kill a child. In all of these cases, and electronically store data without fear of the use of encryption might have seriously letter signed by four of the major law discovery. Court orders to conduct electronic jeopardized public safety and resulted in the enforcement groups in this country, in- surveillance and court-authorized search loss of life. cluding the District Attorney’s Asso- warrants will be ineffectual, and the Fourth To preserve law enforcement’s abilities, ciation, the Chiefs of Police, and oth- Amendment’s carefully-struck balance be- and to preserve the balance so carefully es- ers, expressing their strong reserva- tween ensuring privacy and protecting public tablished by the Constitution, we believe any tions about a total elimination of our safety will be forever altered by technology. encryption legislation must accomplish ability to deal with encryption as it re- Technology should not dictate public policy, three goals in addition to promoting the and it should promote, rather than defeat, widespread use of strong encryption. It must lates to law enforcement. public safety. establish: INTERNATIONAL ASSOCIATION OF We are not suggesting the balance of the A viable key management infrastructure CHIEFS OF POLICE, Fourth Amendment be tipped toward law en- that promotes electronic commerce and en- Alexandria, VA, July 21, 1997. forcement either. To the contrary, we only joys the confidence of encryption users. DEAR MEMBER OF CONGRESS: Enclosed is a seek the status quo, not the lessening of any A key management infrastructure that letter sent to you by the Attorney General, legal standard or the expansion of any law supports a key recovery scheme that will the Director of National Drug Control Policy enforcement authority. The Fourth Amend- allow encryption users access to their own and all the federal law enforcement heads H6912 CONGRESSIONAL RECORD — HOUSE September 4, 1997 concerning encryption legislation being con- ly monitor this legislation as it moves fice of President when Boris Yeltsin sidered by congress. Collectively we, the un- through the process. ran for that office and won successfully dersigned, represent over 17,000 police de- Mr. Speaker, the second issue I would last year against Mr. Zuganov, the can- partments including every major city police like to discuss is also a national secu- didate of the Communist Party. department, over 3,000 sheriffs departments, nearly every district attorney in the United rity and defense issue, and I want to Many speculate that the reason why States and all of the state Attorneys Gen- bring this up because it is going to be Yeltsin was so successful was because eral. We fully endorse the position taken by a major issue this weekend in the na- he was able to get Lebed out of the our federal counterparts in the enclosed let- tional media. It deals with a concern race, partly by offering him a position ter. As we have stated many times, Congress that I have relative to the former So- as senior defense advisor to President must adopt a balanced approach to viet Union, especially now with one of Yeltsin on defense issues as a very re- encryption that fully addresses public safety the former Soviet States, Russia, the spected retired Russian general. So the concerns or the ability of state and local law largest one. enforcement to fight crime and drugs will be credibility of General Lebed is not severely damaged. Mr. Speaker, as many of our col- something that I can vouch for but Any encryption legislation that does not leagues know, I spend a great deal of rather, based upon what President ensure that law enforcement can gain timely time working in a positive way with Yeltsin did in moving General Lebed access to the plaintext of encrypted con- Russia and its leadership on energy is- into this position on his confidence in versations and information by established sues and environmental issues. This General Lebed as a senior defense advi- legal procedures will cause grave harm to year I focused on establishing a mid- sor. public safety. The risk cannot be left to the dle-income housing program for the In our meeting with General Lebed uncertainty of market forces or commercial Russian people. I have established a interests as the current legislative proposals he talked to us without the press being would require. Without adequate safeguards, new Russian Duma American Congress present and this is now in the public the unbridled use of powerful encryption study group, which I cochair with the record and our trip report about the soon will deprive law enforcement of two of gentleman from Maryland [Mr. HOYER] status of the stability of the Russian its most effective tools, court authorized and which is chaired on the Russian military. He raised some very serious electronic surveillance and the search and side by Deputy Speaker Shokhin. concerns to us, Mr. Speaker, that we seizure of information stored in computers. So I spend a lot of time trying have to deal with and understand and This will substantially tip the balance in the proactively to improve our relation- that this administration has got to be fight against crime towards society’s most ships, but I have a great deal of con- dangerous criminals as the information age more aggressive in pursuing as to develops. cern with what I think, and with my whether or not they are facts or fic- We are in unanimous agreement that con- impression of the administration not tion. gress must adopt encryption legislation that being aggressive enough in pursuing One of our questions to General requires the development, manufacture, dis- concerns that many of us have relative Lebed was whether or not there was a tribution and sale of only key recovery prod- to Russia’s ability to control its nu- possibility of armed revolution inside ucts and we are opposed to the bills that do clear material, its strategic weapons, not do so. Only the key recovery approach of Russia by its own military. General and the state of the military in Russia. Lebed said he thought that was not will ensure that law enforcement can con- Mr. Speaker, the problem is tinue to gain timely access to the plaintext possible primarily because, as General of encrypted conversations and other evi- compounded by the fact that the ad- Lebed said, former Defense Minister dence of crimes when authorized by a court ministration, especially the Com- Pavel Grachev had removed all the pro- to do so. If we lose this ability—and the bills mander in Chief, has repeatedly used fessionals from the army. General you are considering will have this result—it the bully pulpit to convey a message to Lebed went on to say that the trained will be a substantial setback for law enforce- America that we no longer have to professional soldiers and leaders are ment at the direct expense of public safety. worry about a threat coming from Rus- Sincerely yours, gone and are now working with the sia. Again, I do not want to recreate a criminal elements inside of Russia. DARRELL L. SANDERS, scenario where we depict Russia as President, International Association of Chiefs And many of these generals and admi- of Police. some ‘‘Evil Empire,’’ because it is not. rals have had access in the past to very FRED SCORALIE, And I trust Boris Yeltsin for what he is sophisticated weapons and technologies President, National Sheriffs’ Association. trying to do, and applaud him for his that in fact could be sold on the black JAMES E. DOYLE, efforts, as well as his key leadership, market. President, National Association of Attorneys Chernomyrdin, Nemtsov, Chubays, and And, in fact, we are seeing some evi- General. all of his people involved in leading his dence of proliferation of both weapons, WILLIAM L. MURPHY, country. President, National District Attorneys strategic materials and in some cases Association. b 2315 even the seeking of nuclear materials. Mr. WELDON of Pennsylvania. Mr. But facts are facts. And there are In fact, General Lebed went on to say Speaker, again I am not saying that major problems that we cannot sweep that the army and the military does the administration’s policy is a correct under the rug or put our head in the not have sufficient control over nu- one nor is their policy of key recovery sand and ignore. And to that extent, clear weapons. one that I can support. What I am say- Mr. Speaker, I want to talk about my In fact, he said to us that of 132 nu- ing is that this bill should not be most recent trip to Russia in May of clear submarines being decommis- rushed through. Members need to look this year and I have been there twice. sioned by Russia, only 25 have had at this very complicated subject in de- The most recent trip was a part of an their reactors dismantled. In fact, two tail. interparliamentary exchange where we submarines nearly sank. Some reac- Yes, we need to protect the civil lib- met with senior members of their tors, he said, are in emergency condi- erties of our citizens to be able to com- Duma and discussed common issues. tion. We have an aggressive program municate in a confidential and pro- And we found many areas where we can through our Navy to work with Russia tected manner. But we also need to work together. to help them deal with their nuclear look out for the national security im- Along with that, Mr. Speaker, I technology. I have been supportive of plications of this legislation, the intel- wanted to focus on some security con- that. ligence implications of this legislation, cerns that I have with Russia and the But the problem is a very real one. and for the ability for our law enforce- need for Russia to be more transparent Russia has severe problems with con- ment community, our State Police, the in terms of what their objectives and trol of their nuclear material. He went FBI, the Justice Department, when intents are relative to national secu- on to say something that is even more necessary through an established legal rity issues. provocative and something that is process to be able to get access to deal In the course of these meetings, I had going to be the subject of a ‘‘60 Min- with those rogue entities that are the occasion to meet, along with the utes’’ speech on Sunday evening this using encryption to hide the activities entire delegation, for 2 hours with Gen. week, which I urge our colleagues to they are involved in which are illegal. Alexander Lebed. As we know General tune into. It is also going to be the sub- So I would ask our colleagues to close- Lebed was a major candidate for the of- ject of a Washington Post story and an September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6913 AP story and also is going to be high- Now the President of Russia has ac- Mr. Speaker, my final point tonight lighted in a book that is going to be re- knowledged publicly that his chegets, is one that is a personal item that I leased next week by two authors. That the devices that control the nuclear would like to spend a few moments dis- book, by the way, is the basis, part of trigger, were in fact activated as a re- cussing. It also has security implica- the basis for the Steven Speilberg sponse to that Norwegian rocket tions but it also is a very emotional movie that will be released this month launch. human interest story that I would like entitled ‘‘Peacemaker,’’ which is a fic- Mr. Speaker, these are real issues, to relate to my colleagues and pay ap- tional depiction of the possible transfer just as is the concern that many of us propriate thanks. of a Russian SS–18 missile out of Rus- have over whether or not Russia just Mr. Speaker, as you know, we are al- sia to a rogue nation. detonated another underground explo- ways looking for new technology in the General Lebed, in our meeting with sion, which is not in sync with the test defense arena that can assist us in ci- six Members of Congress, said that ban treaty the administration has been vilian applications. Shortly, this fall, when he had been Boris Yeltsin’s chief pursuing. It is the same issue that I we are going to be announcing the use defense advisor, he was given the re- have over Yamantau Mountain, a of cold war technology that was used sponsibility to account for the location major multibillion-dollar complex that to at one point in time to detect rocket of 132 suitcase-sized nuclear devices, has been under construction in the launchers around the world that we these are nuclear bombs, each with a Ural Mountains for 18 years that is the have been working on for the last year capacity of 1 kiloton. One kiloton is size of the city of Washington, DC, that is now going to be used to tell us not as great as the bomb at Hiroshima where the Russians have built a city of when a wild land or forest fire first be- because that was approximately 15 65,000 people, a closed city, continuing gins, instant imaging to give us that kilotons. But 1 kiloton would cause a to work on this project when Russian information so that we can have our significant amount of damage wherever military officers do not have decent emergency responders be there on the it was used. housing, when Russian retired officers Now, General Lebed said to us in a scene quickly to prevent the kind of have not been given back pay. conflagrations we have seen in the session with the bipartisan delegation, The question is, what is this huge West, the Midwest, and the Northwest he was given the responsibility to ac- complex being built for? count for the location of 132 suitcase- The reason why I raised these points, over the past decades. So it is using sized nuclear devices that Russia had Mr. Speaker, is that we need the ad- cold war technology for a very valuable manufactured. During his time in the ministration to be more aggressive in function to assist us. capacity of advising Boris Yeltsin, he pursuing transparency and candor with I saw evidence of a similar tech- could only find 48. When we asked him Russia on these issues. I am not raising nology, Mr. Speaker, that we have now where the rest of these devices were, he these issues for the first time, because developed for commercial use called shrugged his shoulders and could not it is not my intent to try to put a mon- side scan sonar. I want to talk about answer us. That is troubling. That is key wrench in the relationship between the individual case because it involves troubling because here was a man who the United States and Russia. In fact, I a constituent family from Pennsylva- Boris Yeltsin put into a key position have raised the issue of Yamantau nia. advising him on defense matters who, Mountain on at least 10 occasions in Back in February of this year, a according to him, was given the re- written form and verbally with senior young 19-year-old from Chester Coun- sponsibility to account for these suit- Russian leaders, my counterparts in ty, a neighboring county to my home case-sized nuclear weapons. And yet he the Russia Duma, and most recently a county, the eldest of six children and told us, in a meeting in Moscow, that three-page letter that I wrote in Rus- the only son of the Swymer family was he could not in fact account for them. sian to Boris Yeltsin asking for trans- doing a co-op program at Penn State And I believe on ‘‘60 Minutes’’ this parency in terms of what is happening up at the Finger Lakes in New York. Sunday night you will see General at Yamantau Mountain. During the course of his stay, right Lebed again repeat that in his own For us to have a stable relationship adjacent to Lake Owasco on a Satur- words on that program. and if we follow the logic of this ad- day afternoon, where the temperature I have asked the administration, ministration, a relationship with Rus- rose to the mid-60s, he ventured out both through our intelligence agencies sia based on bilateral treaties, then we into this very deep lake in a rowboat. as well as in a briefing that I gave to must make sure that not just the Unit- A storm came up very quickly. And the the current Secretary of Energy, to try ed States but also Russia is abiding by individual evidently, for one reason or to get an accounting from the Russians those treaties, whether it is ABM, the other, because of the winds and the as to the validity of this statement. MTCR, the chemical weapons treaty, extreme nature of the storm, was Mr. Speaker, this is the kind of issue the nuclear test ban treaty or whatever tossed out of the boat. that we cannot sweep under the rug. I that treaty happens to be. My feeling is The boat was found 2 days later on have the same ultimate objective that that we have not done that, and I could the opposite side of the lake, which is Strobe Talbott and President Clinton take time to go through and cite spe- about a mile wide, along with the oar have in terms of a stabilized relation- cific examples at least seven times and the life preserver and no sign of ship with Russia. But that does not where the administration has not im- this young 19-year-old, 6-foot tall, mean that we ignore problems that posed sanctions on violations of the strapping, very successful student and exist, whether it is suitcase-sized nu- missile technology control regime that solid athlete. clear devices that may be out there we know took place. The State police in New York did a available on the black market or So I hope that what is going to un- very commendable job in trying to lo- whether it is the transfer of fold over the next several days, this cate the young man’s body. They accelerometers and gyroscopes that weekend on ‘‘60 Minutes,’’ and into searched the entire lake perimeter. had Russian markings, that were inter- next week, as this new publication is They tried to do dives and they just cepted by the Jordanians on their way released, will alert our colleagues that could not find this individual. to Iraq, which is a violation of the mis- we must begin to focus on the problems The family, through State represent- sile technology regime, or whether it is of instability in Russia, not to create ative Bob Flick, called my office in the response by Russia to a Norwegian hostility between our two nations but, March and asked if I could provide any rocket weather launch that they had rather, to say we must be candid, we kind of technical assistance. Using the been given prior notice of and that must be transparent, and we must resources that we have developed pri- Russia is in such a paranoid state that work together to resolve the instabil- marily for the military and for ocean it put its entire strategic offensive ity that currently exists and in the research as well as for disaster recov- force on alert because of Norway’s control of Russia’s nuclear and conven- ery, I called my friends in the launch of a weather rocket which tional and strategic arsenal. It is of the oceangraphic community and my meant that Russia was within 60 sec- highest importance for both nations friends in the emergency response com- onds of an all-out attack in response to and an issue that I am going to con- munity. We were able to get the same a Norwegian weather rocket which tinue to pursue throughout the rest of technology that was developed for the they had been previously notified of. this session of Congress. military called side scanning sonar H6914 CONGRESSIONAL RECORD — HOUSE September 4, 1997 that was used to help us recover the re- this country, in lakes, in rivers to as- Capt. Donald Swain, Zone 2 HQ, New York mains of the TWA 800 crash off of Long sist us in similar types of operations State Police Island in New York. and to avoid, where possible, the expo- Trooper David Hartz, Troop E, NY State We were able to get that technology sure to losing additional lives to send Police Trooper Karl Bloom, Troop E, NY State through the generosity of the New down to recover people who in fact Police York Police Commissioner, Howard have been drowned. Walter (Butch) Hendrick, President, Life- Safir, to have it sent up to the lake to In fact, Mr. Speaker, over the past guard Systems Inc., Hurley, NY look to see whether or not we could in several years, it is my understanding Andrea Zaferes, Lifeguard Systems fact locate this boy’s body. A couple of that we have begun to lose more and Craig Nelson, Lifeguard Systems suspected sightings were made, but we more people in the rescue efforts to Lt. David Holland, Inst. of Environmental could not complete a dive to determine bring people who have drowned back Medicine, Canadian Navy whether or not it was a positive find. than we should, and that is partly be- Brett Phaneuf, Marine Sonic Technology, White Marsh, VA They came back and were unsuccessful. cause we have not used appropriate Mark C. Judd, Buffalo Industrial Diving In June, I followed up with the Woods technology to assist us in that process. Company, Buffalo, NY Hole Laboratory in Massachusetts and It will be my hope over the next sev- Andy Anderson, Buffalo Industrial Diving asked them to assist, and we identified eral months to put together a congres- Brad McCullum, Buffalo Industrial Diving perhaps the top national experts on sional hearing where we can showcase Brad Knight, Buffalo Industrial Diving deep dives relative to drownings. this technology, where we can make Tom Burns, Chief, Owasco Vol. Fire Co. We assembled a team that in the last the case that these kinds of tech- Joe Head, Assist. Chief, Owasco Vol. Fire week of August was able to travel to nologies should be made available and Dept. Tom Morgan, Assist. Chief, Owasco Vol. Auburn, NY, to put together on the that we should assist in that tech- Fire Dept. water a team consisting of four boats, nology transfer process to departments Tim Burns, Owasco Vol. Fire Dept. all volunteers during their time, to try across this Nation who have similar Angelo Massina, Owasco Vol. Fire Dept. to locate this young man’s body. situations with deep lakes and with Peter Pinckney, Sheriff, Cayuga County b 2330 rivers so that we do not have to jeop- Jim Tabor, Under Sheriff, Cayuga County ardize additional lives in going down to Gene Stiver, Dep. Chief of Navigation, Of- The head technologist for this whole recover our loved ones. fice of the Sheriff, Cayuga County operation was Butch Hendrick, the I particularly want to thank the gen- Chris Petrus, Navigation Deputy, Office of president of Lifeguard Systems, Inc. of Sheriff, Cayuga County tleman from New York [Mr. WALSH] Rev. and Mrs. (Dick and Pat) Streeter, Hurley, NY, who is an expert in locat- whose district Auburn and Lake ing people in these kinds of situations Clergy and friends of Mr. and Mrs. Swymer. Owasco is in. He has been very coopera- Members of the Chester County Chamber and dealing with drownings. We also tive throughout this entire process and Business and Industry Council. had an expert in terms of reading side he was very supportive of our effort the Note that many other individuals also scan sonar, Brett Phaneuf, from Ma- last week of August. helped and offered services such as Alice rine Sonic Technology who also do- I also want to thank Bill Andahazy, Hamill of Mayflower Movers, King of Prus- nated his time. who is a consultant from Woods Hole sia, PA (although their services were not I spent the first 3 of the 5 days on the needed). The Holiday Inn Hotel, Auburn, NY who donated his time, Capt. Don Swain staff worked with us on local arrangements lake with this team, along with the from the New York State Police and very courageous volunteer firefighters as well as the Lake residents who let us use his team and all of those other individ- phones, water, etc. This operation was a from the Owasco Fire Department. uals, the volunteer firefighters, the community coming together that generated Five of them spent the entire week divers, the technologists who assisted a successful conclusion to this tragedy. away from their jobs volunteering the us in closing this very difficult chapter f entire day each day to help us go back in the lives of the Swymer family from LEAVE OF ABSENCE and forth across the 1,000-by-2,000 foot Chester County, PA. area of this lake and the lake was 1 I want to encourage our colleagues, By unanimous consent, leave of ab- mile wide and 14 miles long, trying to Mr. Speaker, to work with me, to see sence was granted to: use this technology to determine where we can find not just this kind of Ms. PRYCE of Ohio (at the request of whether or not we could find this technology to use for commercial pur- Mr. ARMEY) for today after 12 noon and young 19-year-old. I had to leave New poses but to see where we can take the balance of the week, on account of York on Wednesday. On Thursday, similar initiatives and assist us in solv- attending her son’s wedding. three specific sightings were made, the ing day-to-day problems that face the f markers were identified, and on Friday people of this great Nation. SPECIAL ORDERS GRANTED we brought in a dive team from Buf- For the record, Mr. Speaker, I in- falo, NY, the Buffalo Industrial Diving clude the list of the Owasco Lake By unanimous consent, permission to Co. headed up by Mark Judd, four div- search team and thank them for their address the House, following the legis- ers prepared to go down 150 feet. We tireless efforts in this operation. A lative program and any special orders had a decompression chamber on stand- number of companies and individuals heretofore entered, was granted to: by, a helicopter to take the divers if in the Philadelphia area donated over (The following Members (at the re- they should have problems. On the first $10,000 along with the Chester County quest of Mr. PALLONE) to revise and ex- dive, they recovered the body of 19- Chamber of Commerce to help us de- tend their remarks and include extra- year-old Nathan Swymer and brought fray the costs of transporting the neous material: him back up and were able to reunite equipment to that lake. All of the indi- Mr. UNDERWOOD, for 5 minutes, today. him so that his family could have a viduals that were there donated their Mr. GREEN, for 5 minutes, today. proper, decent burial. time. The money that we raised was (The following Members (at the re- Mr. Speaker, this story would not used to defray the costs of the trans- quest of Mr. HULSHOF) to revise and ex- have been a success were it not for the portation of that equipment to the site tend their remarks and include extra- cooperation of a number of very unself- to allow us to complete the rescue mis- neous material:) ish people, people who volunteered sion. Mr. PORTER, for 5 minutes, today. their time and their expertise to see if Mr. Speaker, I thank all of the staff Mr. HUNTER, for 5 minutes, today. we could use a military technology to who stayed this late hour for this spe- f assist us in a very emotional situation cial order. involving the loss of someone’s loved EXTENSION OF REMARKS OWASCO LAKE SEARCH TEAM one. By unanimous consent, permission to The importance here, Mr. Speaker, is Rep. Curt Weldon, Member, US House of revise and extend remarks was granted Representatives not that we just were able to locate Rep. Robert J. Flick, Pennsylvania House to: Nathan Swymer 7 months after he fell of Representatives (The following Members (at the re- off that row boat in Lake Owasco, but W.J. (Bill) Andahazy, Independent Consult- quest of Mr. PALLONE) and to include the technology that can be used across ant extraneous matter:) September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6915

Mr. DOYLE, in two instances. Pesticide Tolerances for Emergency Exemp- Environmental Protection Agency, transmit- Mr. KANJORSKI. tions [OPP–300525; FRL–5735–2] (RIN: 2070– ting the Agency’s final rule—Extension of Mr. NEAL. AB78) received August 8, 1997, pursuant to 5 Interim Revised Durability Procedures for U.S.C. 801(a)(1)(A); to the Committee on Ag- Light-Duty Vehicles and Light-Duty Trucks Mr. BENTSEN. riculture. [AMS–FRL–5879–2] received August 19, 1997, Mr. VISCLOSKY. 4764. A letter from the Director, Office of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. BONIOR. Regulatory Management and Information, mittee on Commerce. Mr. SHERMAN. Environmental Protection Agency, transmit- 4774. A letter from the Director, Office of Mr. BAESLER. ting the Agency’s final rule—Avermectin; Regulatory Management and Information, Ms. Carson. Pesticide Tolerances for Emergency Exemp- Environmental Protection Agency, transmit- Mr. LUTHER. tions [OPP–300528; FRL–5737–1] (RIN: 2070– ting the Agency’s final rule—Emission AB78) received August 19, 1997, pursuant to 5 Mr. FILNER. Guidelines for Existing Sources and Stand- U.S.C. 801(a)(1)(A); to the Committee on Ag- (The following Members (at the re- ards of Performances for New Stationary riculture. Sources: Large Municipal Waste Combustion quest of Mr. HULSHOF) and to include 4765. A letter from the the Director, the Of- Units [AD–FRL–5879–6] received August 19, extraneous matter:) fice of Management and Budget, transmit- 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Ms. ROS-LEHTINEN. ting the cumulative report on rescissions Committee on Commerce. Mr. FORBES. and deferrals of budget authority as of Au- 4775. A letter from the Director, Office of gust 1, 1997, pursuant to 2 U.S.C. 685(e); (H. Mr. SOLOMON. Regulatory Management and Information, Doc. No. 105—124); to the Committee on Ap- Mr. RIGGS. Environmental Protection Agency, transmit- propriations and ordered to be printed. ting the Agency’s final rule—Approval and Mr. RADANOVICH. 4766. A letter from the Director, Office of Promulgation of Air Quality Implementa- Mr. CAMP. Management and Budget, transmitting tion Plans; Maryland; Control of Volatile Or- Mr. TALENT. OMB’s estimate of the amount of change in ganic Compound Emissions from Sheet-Fed Mr. GILMAN. outlays or receipts, as the case may be, in and Web Lithographic Printing and Paper Mr. COLLINS. each fiscal year through fiscal year 2002 re- Coatings [MD040–3018a; FRL–5881–6] received sulting from passage of H.R. 584, H.R. 1944, Mr. RAMSTAD. August 26, 1997, pursuant to 5 U.S.C. H.R. 1585, and H.R. 408, pursuant to Public Mr. HOEKSTRA. 801(a)(1)(A); to the Committee on Commerce. Law 101—508, section 13101(a) (104 Stat. 1388— 4776. A letter from the Director, Office of Mr. HORN. 582); to the Committee on the Budget. Regulatory Management and Information, 4767. A letter from the Secretary of Edu- Mr. Doolittle. Environmental Protection Agency, transmit- cation, transmitting Final Regulations—— Ms. PRYCE of Ohio. ting the Agency’s final rule—Final Rule Administration of Grants and Agreements Making a Finding of Failure to Submit a Re- (The following Members (at the re- with Institutions of Higher Education, Hos- quired State Implementation Plan for Par- quest of Mr. WELDON of Pennsylvania) pitals, and other Non-Profit Organizations ticulate Matter; California——Owens Valley and to include extraneous matter:) and Uniform Administrative Requirements [FRL–5883–7] received August 26, 1997, pursu- Mr. STUMP. for Grants and Cooperative Agreements to ant to 5 U.S.C. 801(a)(1)(A); to the Committee Mr. WEYGAND. State and Local Governments, pursuant to 20 U.S.C. 1232(f); to the Committee on Edu- on Commerce. Mr. KIND. 4777. A letter from the Director, Office of Mr. LAFALCE. cation and the Workforce. 4768. A letter from the Director, Office of Regulatory Management and Information, Mr. WATTS of Oklahoma. Regulatory Management and Information, Environmental Protection Agency, transmit- Mr. BOB SHAFFER of Colorado. Environmental Protection Agency, transmit- ting the Agency’s final rule—Second Emer- Mrs. EMERSON. ting the Agency’s final rule—Solicitation gency Revision of the Land Disposal Restric- tions (LDR) Treatment Standards for Listed f Notice Environmental Education Grants Program Fiscal Year 1998 [FRL–5878–7] re- Hazardous Wastes from Carbamate Produc- ADJOURNMENT ceived August 19, 1997, pursuant to 5 U.S.C. tion [FRL–5884–2] (RIN: 2050–AD38) received 801(a)(1)(A); to the Committee on Education August 26, 1997, pursuant to 5 U.S.C. Mr. WELDON of Pennsylvania. Mr. 801(a)(1)(A); to the Committee on Commerce. Speaker, I move that the House do now and the Workforce. 4769. A letter from the General Counsel, 4778. A letter from the Secretary, Federal adjourn. Department of Transportation, transmitting Trade Commission, transmitting the Com- The motion was agreed to; accord- the Department’s final rule—Final Theft mission’s final rule—Disclosures Regarding ingly (at 11 o’clock and 36 minutes Data; Motor Vehicle Theft Prevention Energy Consumption and Water Use of Cer- p.m.), the House adjourned until to- Standard (National Highway Traffic Safety tain Home Appliances and Other Products morrow, Friday, September 5, 1997, at 9 Administration) [Docket No. 96–122; Notice Required Under the Energy Policy and Con- servation Act [16 CFR Part 305] received Au- a.m. 02] (RIN: 2127–AG33) received August 19, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- gust 27, 1997, pursuant to 5 U.S.C. f mittee on Commerce. 801(a)(1)(A); to the Committee on Commerce. EXECUTIVE COMMUNICATIONS, 4770. A letter from the General Counsel, 4779. A letter from the Secretary of Health and Human Services, transmitting the De- ETC. Department of Transportation, transmitting the Department’s final rule— partment’s final rule—CLIA Program; Fee Under clause 2 of rule XXIV, execu- Anthropomorphic Test Dummy; Six-Year Old Schedule Revision [HSQ–219–GNC] (RIN: tive communications were taken from Child Dummy (National Highway Traffic 0938–AG87) received September 2, 1997, pursu- the Speaker’s table and referred as fol- Safety Administration) [Docket No. 97–047, ant to 5 U.S.C. 801(a)(1)(A); to the Committee lows: Notice 01] (RIN: 2127–AG44) received August on Commerce. 19, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to 4780. A letter from the Director, Defense 4761. A letter from the Administrator, Ag- the Committee on Commerce. Security Assistance Agency, transmitting ricultural Marketing Service, transmitting 4771. A letter from the Director, Office of notification concerning the Department of the Service’s final rule—Tart Cherries Grown Regulatory Management and Information, the Army’s proposed Letter(s) of Offer and in the States of Michigan, New York, Penn- Environmental Protection Agency, transmit- Acceptance (LOA) to Israel for defense arti- sylvania, Oregon, Utah, Washington, and ting the Agency’s final rule—Approval and cles and services (Transmittal No. 97–34), Wisconsin; Issuance of Grower Diversion Cer- Promulgation of Air Quality Implementa- pursuant to 22 U.S.C. 2776(b); to the Commit- tificates [Docket No. FV97–930–5 IFR] re- tion Plans; Pennsylvania; Approval of Defi- tee on International Relations. ceived September 2, 1997, pursuant to 5 nitions for the Pennsylvania VOC and NOx 4781. A letter from the Director, Defense U.S.C. 801(a)(1)(A); to the Committee on Ag- RACT and New Source Review Regulations Security Assistance Agency, transmitting riculture. [PA 042–4067; FRL–5869–5] received August 8, notification concerning the Department of 4762. A letter from the Director, Office of 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Army’s proposed Letter(s) of Offer and Regulatory Management and Information, Committee on Commerce. Acceptance (LOA) to Taipei Economic and Environmental Protection Agency, transmit- 4772. A letter from the Director, Office of Cultural Representative Office (TECRO) in ting the Agency’s final rule—Glyphosate; Regulatory Management and Information, the United States for defense articles and Pesticide Tolerances for Emergency Exemp- Environmental Protection Agency, transmit- services (Transmittal No. 97–37), pursuant to tions [OPP–300521; FRL–5732–7] (RIN: 2070– ting the Agency’s final rule—Approval and 22 U.S.C. 2776(b); to the Committee on Inter- AB78) received August 8, 1997, pursuant to 5 Promulgation of Implementation Plans; national Relations. U.S.C. 801(a)(1)(A); to the Committee on Ag- Ohio Ozone Maintenance Plan [OH104–3a; 4782. A letter from the Director, Defense riculture. FRL–5874–4] received August 8, 1997, pursuant Security Assistance Agency, transmitting 4763. A letter from the Director, Office of to 5 U.S.C. 801(a)(1)(A); to the Committee on notification concerning the Department of Regulatory Management and Information, Commerce. the Army’s proposed Letter(s) of Offer and Environmental Protection Agency, transmit- 4773. A letter from the Director, Office of Acceptance (LOA) to Kuwait for defense arti- ting the Agency’s final rule—Propiconazole; Regulatory Management and Information, cles and services (Transmittal No. 97–38), H6916 CONGRESSIONAL RECORD — HOUSE September 4, 1997 pursuant to 22 U.S.C. 2776(b); to the Commit- 4794. A letter from the Executive Director, in which the Boards of Veterans’ Appeals tee on International Relations. Office of Compliance, transmitting a deci- hears and considers appeals; to the Commit- 4783. A letter from the Director, Defense sion of the Board of Directors on an alleged tee on Veterans’ Affairs. Security Assistance Agency, transmitting violation of the Worker Adjustment and Re- 4805. A letter from the Secretary of Veter- notification concerning the Department of training Notification (WARN) provisions ans Affairs, transmitting a draft of proposed the Army’s proposed Letter(s) of Offer and made applicable by the Congressional Ac- legislation to authorize provision of care to Acceptance (LOA) to Egypt for defense arti- countability Act; to the Committee on House veterans treated with nasopharyngeal ra- cles and services (Transmittal No. 97–40), Oversight. dium irradiation; to the Committee on Vet- pursuant to 22 U.S.C. 2776(b); to the Commit- 4795. A letter from the Director, Office of erans’ Affairs. tee on International Relations. Regulatory Management and Information, 4806. A letter from the Chief, Regulations 4784. A letter from the Director, Defense Environmental Protection Agency, transmit- Unit, Internal Revenue Service, transmitting Security Assistance Agency, transmitting ting the Agency’s final rule—Revocation of the Service’s final rule—Weighted Average notification concerning the Department of Obsolete Employee Responsibilities and Con- Interest Rate Update [Notice 97–47] received the Army’s proposed Letter(s) of Offer and duct Rules [FRL–5870–7] received August 8, September 2, 1997, pursuant to 5 U.S.C. Acceptance (LOA) to Egypt for defense arti- 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Ways and cles and services (Transmittal No. 97–41), Committee on the Judiciary. Means. pursuant to 22 U.S.C. 2776(b); to the Commit- 4796. A letter from the Director, Federal 4807. A letter from the Secretary of Health tee on International Relations. Bureau of Prisons, transmitting the Bureau’s and Human Services, transmitting the De- 4785. A letter from the Director, Defense final rule—Urine Surveillance [BOP–1072–F] partment’s ‘‘Major’’ final rule—Medicare Security Assistance Agency, transmitting (RIN: 1120–AA68) received August 25, 1997, Program; Changes to the Hospital Inpatient notification concerning the Department of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Prospective Payment Systems and Fiscal the Army’s proposed Letter(s) of Offer and mittee on the Judiciary. Year 1998 Rates (Health Care Financing Ad- Acceptance (LOA) to Korea for defense arti- 4797. A letter from the General Counsel, ministration) [BPD–878–FC] (RIN: 0938–AH55) cles and services (Transmittal No. 97–42), Department of Transportation, transmitting received August 28, 1997, pursuant to 5 U.S.C. pursuant to 22 U.S.C. 2776(b); to the Commit- the Department’s final rule—Hazardous Ma- 801(a)(1)(A); to the Committee on Ways and tee on International Relations. terials: Cargo Tank Motor Vehicles in Lique- Means. 4786. A letter from the Director, Defense fied Compressed Gas Services; Revisions and 4808. A letter from the Administrator, En- Security Assistance Agency, transmitting Response to Petitions for Reconsideration vironmental Protection Agency, transmit- notification concerning the Department of [Docket No. RSPA–97–2133 (HM–225)] (RIN: ting the reports entitled ‘‘Progress Toward the Army’s proposed Letter(s) of Offer and 2137–AC97) received August 19, 1997, pursuant Implementing Superfund’’ for fiscal years Acceptance (LOA) to Egypt for defense arti- to 5 U.S.C. 801(a)(1)(A); to the Committee on 1992–1994, pursuant to Public Law 99—499, cles and services (Transmittal No. 97–33), Transportation and Infrastructure. section 120(e)(5) (100 Stat. 1669); jointly to pursuant to 22 U.S.C. 2776(b); to the Commit- 4798. A letter from the General Counsel, the Committees on Commerce and Transpor- tee on International Relations. Department of Transportation, transmitting tation and Infrastructure. 4787. A letter from the Director, Defense the Department’s final rule—Drawbridge Op- f Security Assistance Agency, transmitting eration Regulations; Manistee River, MI notification concerning the Department of (Coast Guard) [CGD09–97–014] (RIN: 2115– REPORTS OF COMMITTEES ON the Army’s proposed Letter(s) of Offer and AE47) received August 19, 1997, pursuant to 5 PUBLIC BILLS AND RESOLUTIONS Acceptance (LOA) to Korea for defense arti- U.S.C. 801(a)(1)(A); to the Committee on Under clause 2 of rule XIII, reports of cles and services (Transmittal No. 97–36), Transportation and Infrastructure. pursuant to 22 U.S.C. 2776(b); to the Commit- 4799. A letter from the General Counsel, committees were delivered to the Clerk tee on International Relations. Department of Transportation, transmitting for printing and reference to the proper 4788. A letter from the Director, Defense the Department’s final rule—Special Local calendar, as follows: Security Assistance Agency, transmitting Regulations: Hurricane Offshore Classic, St. Mr. SHUSTER: Committee on Transpor- notification concerning the Department of Petersburg, FL (Coast Guard) [CGD07–97–031] tation and Infrastructure. H.R. 2036. A bill to the Army’s proposed Letter(s) of Offer and (RIN: 2115–AE46) received August 19, 1997, amend chapter 443 of title 49, United States Acceptance (LOA) to Egypt for defense arti- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Code, to extend the authorization of the cles and services (Transmittal No. 97–39), mittee on Transportation and Infrastruc- aviation insurance program, and for other pursuant to 22 U.S.C. 2776(b); to the Commit- ture. purposes, (Rept. 105–244). Referred to the tee on International Relations. 4800. A letter from the General Counsel, Committee of the Whole House on the State 4789. A letter from the Director, Defense Department of Transportation, transmitting of the Union. Security Assistance Agency, transmitting a the Department’s final rule—Special Local f copy of Transmittal No. 13–97 for a coopera- Regulation; Clifton River Days, Tennessee tive agreement with Australia in a project River mile 158 to 160, Clifton, Tennessee PUBLIC BILLS AND RESOLUTIONS on advanced integrated aircraft survivability (Coast Guard) [CGD08–97–028] (RIN: 2115– Under clause 5 of rule X and clause 4 equipment technology, pursuant to 22 U.S.C. AE46) received August 19, 1997, pursuant to 5 of rule XXII, public bills and resolu- 2767(f); to the Committee on International U.S.C. 801(a)(1)(A); to the Committee on Relations. Transportation and Infrastructure. tions were introduced and severally re- 4790. A letter from the Director, Defense 4801. A letter from the General Counsel, ferred as follows: Security Assistance Agency, transmitting Department of Transportation, transmitting By Mr. DELAHUNT: the Department of the Navy’s proposed lease the Department’s final rule—Special Local H.R. 2396. A bill to amend section 1128B of of defense articles to Korea (Transmittal No. Regulation; MY102 Boomsday, Tennessee the Social Security Act to repeal the crimi- 24–97), pursuant to 22 U.S.C. 2796a(a); to the River mile 645 to 649, Knoxville, Tennessee nal penalty for counseling or assisting an in- Committee on International Relations. (Coast Guard) [CGD08–97–027] (RIN: 2115– dividual to dispose of assets in order to be- 4791. A letter from the Assistant Secretary AE46) received August 19, 1997, pursuant to 5 come eligible for Medicaid benefits; to the for Legislative Affairs, Department of State, U.S.C. 801(a)(1)(A); to the Committee on Committee on Commerce. transmitting notification that the President Transportation and Infrastructure. By Mr. CHRISTENSEN (for himself and intends to exercise his authority under sec- 4802. A letter from the General Counsel, Mr. BLILEY): tion 610(a) of the Foreign Assistance Act in Department of Transportation, transmitting H.R. 2397. A bill to amend title 38, United order to authorize the furnishing of $4 mil- the Department’s final rule—Special Local States Code, to extend eligibility for hos- lion to Ethiopia, pursuant to 22 U.S.C. 2411; Regulation; Riverfest, Cumberland River pital care and medical services under chap- to the Committee on International Rela- mile 126.5 to 128.5, Clarksville, Tennessee ter 17 of that title to veterans who have been tions. (Coast Guard) [CGD08–97–026] (RIN: 2115– awarded the Purple Heart, and for other pur- 4792. A communication from the President AE46) received August 19, 1997, pursuant to 5 poses;to the Committee on Veterans’ Affairs. of the United States, transmitting the first U.S.C. 801(a)(1)(A); to the Committee on By Mr. CALVERT: annual report on the implementation of a Transportation and Infrastructure. H.R. 2398. A bill to amend the Small Rec- comprehensive program to monitor the end- 4803. A letter from the General Counsel, lamation Projects Act of 1956 to provide for use of defense articles and services, pursuant Department of Transportation, transmitting Federal cooperation in non-Federal reclama- to 22 U.S.C. 2785; (H. Doc. No. 105—125); to the the Department’s final rule—Drawbridge Op- tion projects and for participation by non- Committee on International Relations and eration Regulations; Ship Channel, Great Federal agencies in Federal projects; to the ordered to be printed. Egg Harbor Bay, New Jersey (Coast Guard) Committee on Resources. 4793. A letter from the Assistant Legal Ad- [CGD05–97–002] (RIN: 2115–AE47) received Au- By Mrs. CLAYTON: viser for Treaty Affairs, Department of gust 25, 1997, pursuant to 5 U.S.C. H.R. 2399. A bill to provide assistance for State, transmitting copies of international 801(a)(1)(A); to the Committee on Transpor- low-income working families;to the Commit- agreements, other than treaties, entered into tation and Infrastructure. tee on Education and the Workforce. by the United States, pursuant to 1 U.S.C. 4804. A letter from the Secretary of Veter- By Mr. SHUSTER (for himself, Mr. 112b(a); to the Committee on International ans Affairs, transmitting a draft of proposed OBERSTAR, Mr. PETRI, and Mr. RA- Relations. legislation to provide flexibility in the order HALL): September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6917 H.R. 2400. A bill to authorize funds for Fed- tions of the Director General of the World memorializing the President and the Con- eral-aid highways, highway safety programs, Intellectual Property Organization, Arpad gress of the United States to protect the jobs and transit programs, and for other purposes; Bogsch, on the occasion of his conclusion of of the hard-working men and women who to the Committee on Transportation and In- service with that body; to the Committee on serve our country at McClellan Air Force frastructure, and in addition to the Commit- International Relations. Base, by bringing in private firms to perform tee on the Budget, for a period to be subse- By Mrs. MALONEY of New York (for repair work at the facility; to the Committee quently determined by the Speaker, in each herself, Mr. HORN, Mr. BARTLETT of on National Security. case for consideration of such provisions as Maryland, Mr. WATTS of Oklahoma, 184. Also, a memorial of the Legislature of fall within the jurisdiction of the committee Ms. DUNN of Washington, Ms. WOOL- the State of California, relative to Assembly concerned. SEY, Ms. SLAUGHTER, Mr. CALVERT, Joint Resolution No. 22 requesting the Presi- By Mr. DEUTSCH: Mr. GIBBONS, Mr. MEEHAN, Mr. dent, the Congress, and the Department of H.R. 2401. A bill to direct the Secretary of DELAHUNT, and Mr. GUTIERREZ): Defense to support the efforts of the citizens the Interior to make technical corrections to H. Con. Res. 144.Concurrent resolution ex- of the State of California and the County of a map relating to the Coastal Barrier Re- pressing the sense of the Congress that San Diego to acquire the United States Navy sources System; to the Committee on Re- former Secretary General of the United Na- aircraft carrier Midway for a regional mu- sources. tions Kurt Waldheim should not receive a re- seum and an educational and entertainment By Mr. DOOLITTLE: tirement allowance from the United Nations; complex; to the Committee on National Se- H.R. 2402. A bill to make technical and to the Committee on International Rela- curity. clarifying amendments to improve manage- tions. 185. Also, a memorial of the Senate of the ment of water-related facilities in the West- By Mr. SAXTON (for himself, Mr. Commonwealth of Massachusetts, relative to ern United States; to the Committee on Re- FORBES, Mr. SHIMKUS, and Mr. Resolutions memorializing the President and sources. WELLER): Congress of the United States to uphold sec- By Mr. ENGLISH of Pennsylvania (for H. Con. Res. 145.Concurrent resolution con- tion 907 of the Freedom Support Act of 1992 himself, Mr. SHAW, Mr. BURR of demning in the strongest possible terms the which denies any United States Assistance North Carolina, Mr. COBLE, Mr. bombing in Jerusalem on September 4, to the country of Azerbaijan because of its GEKAS, Mr. METCALF, Ms. STABENOW, 1997;to the Committee on International Rela- blockade of humanitarian assistance to Ar- and Mr. WELLER): tions. menia and Nagorno-Karabagh; to the Com- H.R. 2403. A bill to amend the Internal Rev- By Mr. FOX of Pennsylvania (for him- mittee on International Relations. enue Code of 1986 to reduce the rate of tax on self, Mr. GILMAN, Mr. FAWELL, Ms. 186. Also, a memorial of the House of Rep- unrecaptured section 1250 gain from 25 per- CARSON, Mr. HAMILTON, Mr. BEREU- resentatives of the State of Tennessee, rel- cent to 20 percent; to the Committee on TER, Mr. LIPINSKI, Mr. ative to House Joint Resolution No. 77 me- Ways and Means. FALEOMAVAEGA, Mr. MCGOVERN, Ms. morializing the U.S. Congress to enact the By Mr. FILNER: CHRISTIAN-GREEN, Ms. MCCARTHY of Streamlined Transportation Efficiency Pro- H.R. 2404. A bill to amend the Internal Rev- Missouri, Mr. RAHALL, Mr. ISTOOK, gram for the 21st Century (STEP 21); to the enue Code of 1986 to prohibit tax- related Mr. SHAYS, Mr. PITTS, Mr. CASTLE, Committee on Transportation and Infra- mailings from disclosing in any public way Mrs. MYRICK, Mrs. CHENOWETH, Mr. structure. an individual’s Social Security number; to MANZULLO, Mr. RILEY, Mr. MILLER of 187. Also, a memorial of the Legislature of the Committee on Ways and Means. California, Mrs. LOWEY, Ms. the State of California, relative to Assembly By Mr. LAFALCE: DELAURO, Mr. FOGLIETTA, Mr. EVANS, Joint Resolution No. 7 memorializing Con- H.R. 2405. A bill to amend title 49, United Mr. HOSTETTLER, Mr. GOODLING, Mr. gress and the President of the United States States Code, relating to criteria for granting SHAW, Mr. NUSSLE, Mr. WISE, Ms. to authorize and fund a prompt evaluation of slots to new entrant air carriers at certain PELOSI, Mr. PARKER, Mrs. NORTHUP, the physical potential for, and economic fea- high density airports; to the Committee on Mr. FORBES, Mr. CRAPO, Mr. GEKAS, sibility of, raising Friant Dam and making Transportation and Infrastructure. Mr. GRAHAM, Mr. TRAFICANT, Mr. DAN use of the increased capacity to help meet By Mr. LAZIO of New York (for himself SCHAEFER of Colorado, Mr. NORWOOD, flood protection and water supply needs for and Mr. LEACH): Mr. HANSEN, Mr. THOMAS, Mr. DEAL the citizens of this state, without impairing H.R. 2406. A bill to provide for the tem- of Georgia, Mr. BURR of North Caro- the existing rights of, and benefits to, and porary extension of certain programs relat- lina, Mr. GOSS, Mr. COOK, Mr. without altering the costs to, the current ing to public housing, and for other pur- HEFLEY, Ms. WOOLSEY, Mr. CAL- users of the waters of the San Joaquin River; poses;to the Committee on Banking and Fi- LAHAN, Mr. ROEMER, Mr. GUTKNECHT, to the Committee on Transportation and In- nancial Services. Mr. PAPPAS, Mr. WELDON of Penn- frastructure. By Mr. LEVIN (for himself, Mr. sylvania, Mr. JONES, Mrs. JOHNSON of 188. Also, a memorial of the Legislature of RAMSTAD, Mr. BARRETT of Wisconsin, Connecticut, Mr. CUNNINGHAM, Mr. the State of California, relative to Assembly Mr. LATHAM, Mr. RANGEL, Mr. COX of California, Mr. WOLF, Mr. Joint Resolution No. 28 memorializing the BLAGOJEVICH, and Mr. CUMMINGS): SMITH of New Jersey, Mr. HILL, Ms. President and Congress of the United States H.R. 2407. A bill to reauthorize the Office of JACKSON-LEE, Mr. LAMPSON, Ms. to enact House Resolution 836, to provide full National Drug Control Policy, and for other LOFGREN, Mr. HINOJOSA, Mr. ORTIZ, benefits from the Department of Veterans purposes; to the Committee on Government Mr. DELLUMS, Mr. EDWARDS, Mr. Affairs to veterans who served in the Phil- Reform and Oversight, and in addition to the RODRIGUEZ, Mr. CAPPS, Mr. BECERRA, ippine Commonwealth Army and the Special Committee on Commerce, for a period to be Mr. GILCHREST, and Mr. SPENCE): Philippine Scouts during World War II; to subsequently determined by the Speaker, in H. Res. 219. Resolution expressing the con- the Committee on Veterans’ Affairs. each case for consideration of such provi- dolences of the House of Representatives on 189. Also, a memorial of the Legislature of sions as fall within the jurisdiction of the the tragic death of Diana, Princess of Wales; the State of California, relative to Assembly committee concerned. to the Committee on International Rela- Joint Resolution No. 25 urging Congress and By Ms. LOFGREN: H.R. 2408. A bill to improve academic and tions. September 4, 1997, committee dis- the President to enact the Breast-Cancer Re- social outcomes for students by providing charged; considered and agreed to. search Stamp Act of 1997; jointly to the Com- productive activities during after school By Mr. BARR of Georgia (for himself, mittees on Government Reform and Over- hours; to the Committee on Education and Mr. SAM JOHNSON, Mr. GRAHAM, Mr. sight and Commerce. the Workforce. SOLOMON, Mr. WHITFIELD, Mr. LIVING- f By Mr. RAMSTAD: STON, Mr. DOOLITTLE, Mr. KINGSTON, H.R. 2409. A bill to amend the Public Mrs. CUBIN, and Mrs. LINDA SMITH of PRIVATE BILLS AND Health Service Act, Employee Retirement Washington): RESOLUTIONS H. Res. 220. Resolution expressing the sense Income Security Act of 1974, and the Internal Under clause 1 of rule XXII. Revenue Code of 1986 to provide for non- of the House of Representatives with respect discriminatory coverage for substances to the failure of the Executive to take care Mr. DOYLE introduced A bill (H.R. 2410) abuse treatment services under private that the laws be faithfully executed; to the for the relief of Jozef Richard Madar, Etela group and individual health coverage; to the Committee on the Judiciary. Madar, and Jozef Thomas Madar; which was Committee on Commerce, and in addition to f referred to the Committee on the Judiciary. the Committees on Education and the f Workforce, and Ways and Means, for a period MEMORIALS ADDITIONAL SPONSORS to be subsequently determined by the Speak- Under clause 4 of rule XXII, memori- er, in each case for consideration of such pro- Under clause 4 of rule XXII, sponsors visions as fall within the jurisdiction of the als were presented and referred as fol- committee concerned. lows: were added to public bills and resolu- By Mr. COBLE: 183. The SPEAKER presented a memorial tions as follows: H. Con. Res. 143.Concurrent resolution rec- of the Legislature of the State of California, H.R. 4: Mr. PAXON, Ms. DEGETTE, and Mr. ognizing the accomplishments and contribu- relative to Assembly Joint Resolution No. 30 HYDE. H6918 CONGRESSIONAL RECORD — HOUSE September 4, 1997

H.R. 7: Mr. COX of California and Mr. STEN- H.R. 1260: Mr. RIGGS, Mr. TALENT, Ms. H.R. 2179: Mr. KING of New York. HOLM. DUNN of Washington, Mr. BRADY, Mr. H.R. 2190: Mr. BOB SCHAFFER. H.R. 38: Mr. REYES. SPENCE, Mr. COOK, Mr. BOSWELL, Mr. GIB- H.R. 2198: Mrs. ROUKEMA, Mr. SCHIFF, and H.R. 44: Mr. CALVERT. BONS, Mr. ADAM SMITH of Washington, and Ms. ESHOO. H.R. 45: Mr. GOODE, Mr. MANTON, Mr. DEL- Mr. REYES. H.R. 2202: Mr. WEXLER. Mr. MILLER of Flor- LUMS, and Mr. GEJDENSON. H.R. 1290: Mr. PARKER. ida, Mr. CRANE, Mr. HYDE, Mr. BLAGOJEVICH, H.R. 65: Mrs. FOWLER, Mr. CALVERT, Mr. H.R. 1298: Mr. WATTS of Oklahoma. Mr. NETHERCUTT, Ms. ROYBAL-ALLARD, Mr. SAXTON, and Mr. UPTON. H.R. 1329: Mr. COOK. KENNEDY of Rhode Island, Mrs. MCCARTHY of H.R. 86: Mr. FORBES. H.R. 1338: Mrs. EMERSON. New York, Mr. SCOTT, Mr. BROWN of Califor- H.R. 107: Mr. CLEMENT. H.R. 1356: Mr. COOK, Mr. BOEHLERT, Mr. nia, Mr. PRICE of North Carolina, Mr. H.R. 135: Ms. CHRISTIAN-GREEN. CALVERT, Mr. CANNON, and Mr. SANDERS. MENENDEZ, Mr. FAZIO of California, Mr. H.R. 148: Mr. SERRANO. H.R. 1357: Mr. CALVERT and Mr. BOEHLERT. COYNE, Mr. TURNER, Mr. WYNN, Mr. PAYNE, H.R. 150: Mr. POSHARD. H.R. 1369: Mr. BAESLER. Mr. HALL of Texas, Mr. CLEMENT, and Ms. H.R. 158: Mr. GEKAS. H.R. 1373: Mr. RUSH, Mr. PAYNE, Mr. ESHOO. H.R. 161: Mr. SHAYS. TOWNS, Ms. EDDIE BERNICE JOHNSON of Texas, H.R. 2221: Mr. EHLERS. H.R. 2248: Mr. ABERCROMBIE, Mr. ANDREWS, H.R. 192: Mr. BOEHLERT, Mr. PASCRELL, and Mrs. MINK of Hawaii, Mr. ABERCROMBIE, and Mr. BACHUS, Mr. BAKER, Mr. BALDACCI, Mr. Mr. BAESLER. Mr. UNDERWOOD. BARCIA of Michigan, Mr. BATEMAN, Mr. H.R. 230: Mr. BAESLER. H.R. 1440: Ms. CHRISTIAN-GREEN. BLUMENAUER, Mr. BOEHLERT, Mr. BONILLA, H.R. 303: Mr. WATTS of Oklahoma, Mr. CAL- H.R. 1462: Mr. ROEMER. Mr. BORSKI, Mr. BOUCHER, Mr. BROWN of Cali- VERT, Mr. SAXTON, Mr. MOLLOHAN, and Mr. H.R. 1534: Ms. DANNER, Mr. DUNCAN, Mr. fornia, Mr. BROWN of Ohio, Mr. CHABOT, Mrs. CRAPO. BAESLER, Mr. GUTKNECHT, Mr. TALENT, Ms. CLAYTON, Mr. COBLE, Mr. COOK, Mr. CONDIT, H.R. 347: Mr. STENHOLM. PRYCE of Ohio, Mr. CRAMER, Mr. BARRETT of Mr. COSTELLO, Mr. COYNE, Mr. CRAMER, Mr. H.R. 371: Mr. MILLER of California. Nebraska, Mr. SMITH of Michigan, Mr. YOUNG CUMMINGS, Mr. CUNNINGHAM, Mr. DAVIS of Il- H.R. 372: Mr. EVANS. of Alaska, Mr. MILLER of Florida, Mr. linois, Mr. DAVIS of Virginia, Mr. DEFAZIO, H.R. 414: Mr. BOEHLERT, Mr. MCGOVERN, NETHERCUTT, Mr. PAPPAS, Mr. ADERHOLT, Ms. DEGETTE, Mr. DEUTSCH, Mr. DICKS, Mr. and Mr. PASCRELL. Mrs. MYRICK, Ms. DUNN of Washington, Mr. DIXON, Mr. DOOLITTLE, Mr. DOYLE, Mr. DUN- H.R. 475: Mr. ROGERS. SANDLIN, Mr. Tiahrt, Mr. BERRY, and Mr. CAN, Ms. DUNN of Washington, Mr. EHLERS, H.R. 536: Mr. MCDERMOTT. CAMP. Mr. EHRLICH, Mr. FARR of California, Mr. H.R. 547: Ms. CARSON. H.R. 1539: Mr. BURR of North Carolina. FAZIO of California, Mr. FILNER, Mr. FORBES, H.R. 586: Mr. SHADEGG. H.R. 1540: Mr. RAMSTAD. Mr. FORD, Mrs. FOWLER, Mr. FOX of Penn- H.R. 614: Mr. GIBBONS. H.R. 1577: Mr. PAXON. sylvania, Mr. FRANKS of New Jersey, Mr. H.R. 622: Mr. COX of California. H.R. 1608: Mr. DAN SCHAEFER of Colorado, FRELINGHUYSEN, Ms. FURSE, Mr. GALLEGLY, H.R. 650: Mr. EVANS. Mr. REYES, Mr. TRAFICANT, Ms. CHRISTIAN- Mr. GEJDENSON, Mr. GEKAS, Mr. GIBBONS, Mr. H.R. 705: Mr. MCCOLLUM. GREEN, Mr. ANDREWS, Mr. RAHALL, Mr. GOODLATTE, Mr. GREEN, Mr. GUTIERREZ, Mr. H.R. 716: Mr. KOLBE and Mr. SKEEN. ROHRABACHER, Mr. GILLMOR, Mr. BERMAN, HASTERT, Mr. HINCHEY, Mr. HOLDEN, Mr. H.R. 746: Mr. HALL of Texas, Mr. TORRES, Mr. SENSENBRENNER, and Mr. SMITH of New HYDE, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. MCCRERY, Mr. BURR of North Carolina, Jersey. OHNSON AN and Ms. ESHOO. H.R. 1630: Mr. ACKERMAN, Mr. MCGOVERN, Mrs. J of Connecticut, Mr. K - H.R. 754: Mr. SERRANO. Ms. CHRISTIAN-GREEN, Mr. CALLAHAN, and JORSKI, Ms. KAPTUR, Mrs. KENNELLY of Con- H.R. 755: Mr. RIGGS. Mr. ADAM SMITH of Washington. necticut, Mr. KILDEE, Ms. KILPATRICK, Mr. H.R. 777: Mr. SOUDER and Mr. WEYGAND. H.R. 1679: Mrs. THURMAN, Mrs. JOHNSON of KING of New York, Mr. KUCINICH, Mr. KLECZ- H.R. 793: Mr. KLECZKA. Connecticut, Mr. FARWELL, and Mr. MALONEY KA, Mr. KNOLLENBERG, Mr. LAMPSON, Mr. H.R. 830: Ms. FURSE. of Connecticut. LEWIS of Georgia, Mr. LEWIS of California, H.R. 841: Mr. ACKERMAN. H.R. 1705: Ms. WOOLSEY. Mr. LIPINSKI, Ms. LOFGREN, Mrs. LOWEY, Mrs. H.R. 875: Mr. KIND of Wisconsin. H.R. 1711: Mr. COLLINS, Mr. DEAL of Geor- MALONEY of New York, Mr. MALONEY of Con- H.R. 900: Mr. PETERSON of Minnesota and gia, Mr. EDWARDS, Mr. NEY, Mr. PETERSON of necticut, Mr. MANTON, Mr. MARTINEZ, Mrs. Mr. KUCINICH. Minnesota, Mr. SKEEN, and Mr. YOUNG of MCCARTHY of New York, Ms. MCCARTHY of H.R. 915: Mr. STUPAK, Mr. STRICKLAND, Mr. Alaska. Missouri, Mr. MCCOLLUM, Mr. MCHALE, Mr. FROST, Mr. DELLUMS, Mr. DIXON, Ms. H.R. 1719: Mr. HANSEN and Mr. SANDLIN. MCINTOSH, Mr. MCKEON, Ms. MCKINNEY, Mr. STABENOW, Mr. BAESLER, Mr. MANTON, Mr. H.R. 1727: Mr. SERRANO, Mr. JACKSON, Mr. MCNULTY, Mr. MEEHAN, Ms. MILLENDER- FALEOMAVAEGA, Mr. CLAY, and Mr. LANTOS. MCGOVERN, and Ms. VELAZQUEZ. MCDONALD, Mr. MILLER of Florida, Mrs. H.R. 939: Mr. ENSIGN and Mr. PALLONE. H.R. 1776: Ms. WOOLSEY. MINK of Hawaii, Mr. MOAKLEY, Mr. MURTHA, H.R. 972: Ms. CARSON. H.R. 1807: Mr. KASICH, Mr. WEXLER, Mr. Mr. NADLER, Mr. NEAL of Massachusetts, Mr. H.R. 978: Ms. STABENOW and Mr. CONDIT. HASTINGS of Florida, Mr. UNDERWOOD, Mr. NEY, Ms. NORTON, Mr. OLVER, Mr. PASCRELL, H.R. 981: Mr. COOK and Mr. LEVIN. RAHALL, Mr. WAXMAN, Mr. SERRANO, Mr. Mr. PAYNE, Ms. PELOSI, Mr. PICKETT, Mr. H.R. 982: Mr. SHAYS and Mr. LEVIN. MARTINEZ, Mr. GUTIERREZ, Mr. STARK, Ms. POMBO, Mr. PORTER, Mr. POSHARD, Ms. PRYCE H.R. 983: Mrs. MALONEY of New York. SLAUGHTER, and Mr. PALLONE. of Ohio, Mr. RAHALL, Mr. RAMSTAD, Mr. H.R. 991: Mr. ENGEL, Mr. TIERNEY, Mr. H.R. 1813: Mr. LEWIS of Georgia, Mr. JOHN- REYES, Mr. RILEY, Ms. RIVERS, Mr. DELAHUNT, Mr. SERRANO, Mr. BROWN of Ohio, SON of Wisconsin, Mr. NETHERCUTT, Mr. ROHRABACHER, Mr. ROTHMAN, Mr. RUSH, Mr. Mr. MURTHA, Mr. VISCLOSKY, Mr. KLECZKA, DAVIS of Illinois, Ms. DELAURO, and Mr. SANDERS, Mr. SAWYER, Mr. SAXTON, Mr. BOB Mrs. MEEK of Florida, Mr. WELDON of Penn- MURTHA. SCHAFFER, Mr. SCARBOROUGH, Mr. SCHIFF, sylvania, Mr. JACKSON, Ms. SANCHEZ, Mr. H.R. 1814: Ms. CARSON. Mr. SCHUMER, Mr. SESSIONS, Mr. SHERMAN, MALONEY of Connecticut, Mr. GREEN, Mr. H.R. 1822: Mr. STARK. Mr. SKEEN, Ms. SLAUGHTER, Mr. SMITH of HEFNER, Mr. SNYDER, Ms. WOOLSEY, and Mrs. H.R. 1873: Mr. KLECZKA. New Jersey, Mr. SOLOMON, Mr. SOUDER, Ms. THURMAN. H.R. 1880: Mr. MEEHAN, Mrs. KENNELLY of SABENOW, Mr. STARK, Mr. TALENT, Mr. H.R. 992: Mr. CHABOT, Mr. COLLINS, Mr. Connecticut, Mr. MENENDEZ, Ms. DELAURO, TIAHRT, Mr. TORRES, Mr. TOWNS, Mr. TRAFI- BAKER, and Mr. BOB SCHAFFER. Mr. DELAHUNT, and Mr. TORRES. CANT, Mr. UPTON, Mr. VENTO, Mr. VISCLOSKY, H.R. 1018: Mr. SERRANO, Ms. WOOLSEY, and H.R. 1991: Mr. COOK. Mr. METCALF, Mr. WALSH, Mr. WATTS of Mr. Cook. H.R. 2009: Mr. KILDEE, Ms. WOOLSEY, Mr. Oklahoma, Mr. WELDON of Pennsylvania, Mr. H.R. 1035: Mr. FOX of Pennsylvania. GREEN, Mr. MCDERMOTT, Mr. MURTHA, Mr. WEXLER, Mr. ROYCE, Mr. QUINN, Mr. CAL- H.R. 1108: Mr. BILBRAY. MASCARA, Mr. GOODE, Mr. RAHALL, Mr. LAHAN, Ms. SANCHEZ, Mr. SNYDER, Mr. SABO, H.R. 1114: Mr. BAESLER, Mr. BAKER, Mr. FRANK of Massachusetts, Mr. ROMERO- Mr. WISE, Mr. BASS, Mr. EVERETT, Mr. CAL- WEYGAND, Mr. JENKINS, Mr. COYNE, Mr. ACK- BARCELO, Mr. NUSSLE, Mr. BENTSEN, and Mr. VERT, Mr. SCOTT, Mr. JACKSON, Mr. CANNON, ERMAN, Mr. SERRANO, Mr. HOEKSTRA, Mr. Nethercutt. Mr. BILBRAY, Ms. HARMAN, Mr. BISHOP, Mr. CLEMENT, Mr. QUINN, and Mrs. EMERSON. H.R. 2011: Mr. GIBBONS. BERMAN, Mr. DELAHUNT, Mr. PITTS, Mr. DICK- H.R. 1130: Mr. BOUCHER and Mr. PAYNE. H.R. 2021: Mr. LIPINSKI. EY, Mr. GUTKNECHT, Mr. BEREUTER, Mr. BILI- H.R. 1147: Mr. WICKER. H.R. 2064: Ms. DELAURO and Mr. GREEN. RAKIS, Mrs. TAUSCHER, Mr. LIVINGSTON, Mr. H.R. 1151: Ms. WATERS, Mr. WYNN, Mr. MIL- H.R. 2120: Mr. BURTON of Indiana. HOYER, Mr. SUNUNU, Ms. DELAURO, Mr. BURR LER of California, Mrs. MCCARTHY of New H.R. 2141: Mr. ROHRABACHER. of North Carolina, Mr. BARTLETT of Mary- York, Mr. HOLDEN, Mr. GILMAN, Mrs. H.R. 2149: Mr. HINCHEY. land, Mr. KIM, Mr. DIAZ-BALART, Mrs. MORELLA, Mr. ENGLISH of Pennsylvania, and H.R. 2163: Mr. GOODLATTE. MYRICK, Mr. MCDADE, Mr. DELAY, Mr. TAY- Mr. FARR of California. H.R. 2174: Mr. CAPPS, Mr. STARK, Mr. LEWIS LOR of North Carolina, Mr. SENSENBRENNER, H.R. 1161: Mrs. KELLY. of Georgia, Ms. DEGETTE, Mr. MEEHAN, Ms. Mr. JENKINS, Mr. HILL, Mr. LAZIO of New H.R. 1175: Mr. DOOLEY of California. LOFGREN, Mr. MARTINEZ, Mr. GUTIERREZ, Mr. York, Mr. MCCRERY, Mr. ENGLISH of Penn- H.R. 1194: Mr. UNDERWOOD. GREEN, Mr. FRANK of Massachusetts, Mr. sylvania, Mr. DREIER, Mrs. EMERSON, Mr. H.R. 1195: Mr. GOODLING and Mr. KENNEDY of Rhode Island, Ms. MILLENDER- RADANOVICH, Mr. MOLLOHAN, Mr. MENENDEZ, UNDERWOOD. MCDONALD, Mr. SKAGGS and Mr. Mr. HANSEN, Mr. MATSUI, Mr. FROST, Mr. H.R. 1206: Mr. ROEMER. BLUMENAUER. MANZULLO, Mr. HAYWORTH, Mr. HALL of Ohio, September 4, 1997 CONGRESSIONAL RECORD — HOUSE H6919

Mr. WATKINS, Mr. DOOLEY of California, Mr. H.R. 2264 SEC. 516. (a) IN GENERAL.—Except as pro- MCHUGH, Mr. GINGRICH, Mr. BONO, Mr. OFFERED BY: MR. COBURN vided in subsection (b), none of the funds SHADEGG, Mr. KOLBE, Mr. RIGGS, Mr. CLAY, AMENDMENT NO. 36: At the end of the bill, made available under this Act, or any other Mr. BARRETT of Wisconsin, Ms. HOOLEY of Or- insert after the last section (preceding the Act making appropriations for fiscal year egon, Mr. MASCARA, Ms. WOOLSEY, Mrs. short title) the following section: 1998, may be used by the Department of THURMAN, Mr. TAYLOR of Mississippi, Mr. SEC. 516. None of the funds made available Labor or the Department of Justice to con- GRAHAM, Mr. SHAW, Mr. WELLER, Mr. PETRI, in this Act may be used by the Centers for duct a rerun of a 1996 election for the office Mr. INGLIS of South Carolina, Mr. ENSIGN, Disease Control and Prevention, or any other of President, General Secretary, Vice-Presi- Mr. CANADY of Florida, Mr. TAUZIN, Mr. HALL part of the Public Health Service, to conduct dent, or Trustee of the International Broth- of Texas, Mr. FOLEY, Mr. MILLER of Califor- or support any program in which blood sam- erhood of Teamsters. nia, Mr. CLEMENT, and Mr. SANDLIN. ples are collected from newborns and tested (b) EXCEPTION.— H.R. 2272: Ms. SLAUGHTER, Mr. WAXMAN, for the human immunodeficiency virus in (1) IN GENERAL.—Upon the submission to Mr. DELLUMS, and Mr. ACKERMAN. circumstances in which the samples do not Congress of a certification by the President H.R. 2305: Mr. HOBSON. indicate the identify of the newborns, from of the United States that the International H.R. 2332: Mr. BONIOR, Mr. KLINK, and Mr. whom the samples were taken. Brotherhood of Teamsters does not have WELDON of Florida. H.R. 2264 funds sufficient to conduct a rerun of a 1996 H.R. 2361: Mr. SENSENBRENNER. OFFERED BY: MRS. EMERSON election for the office of President, General H.R. 2387: Mrs. MINK of Hawaii, Mr. Secretary, Vice-President, or Trustee of the AMENDMENT NO. 37: Page 102, after line 24, International Brotherhood of Teamsters, the TIERNEY, Mr. KENNEDY of Rhode Island, Mr. insert the following new section: President of the United States may transfer BALDACCI, Mr. YATES, Ms. WOOLSEY, and Mr. SEC. 516. No funds made available under SCHUMER. this Act may be used to implement any vol- funds from the Department of Justice and H.J. Res. 26: Mr. DEAL of Georgia. untary residency reduction plan under sec- the Department of Labor for the conduct and H. Con. Res. 52: Mr. GIBBONS, Mr. SHERMAN, tion 1886(h)(6) of the Social Security Act (42 oversight of such a rerun election. Mr. LANTOS, Mr. EDWARDS, and Mr. BERRY. U.S.C. 1395ww(h)(6)), as added by section (2) REQUIREMENTS.—Prior to the transfer of H. Con. Res. 126: Mr. KLINK, Mr. BOEHLERT, 4626(a) of the Balanced Budget Act of 1997 funds under paragraph (1), the International Mr. MILLER of Florida, Ms. VELA´ ZQUEZ, and (Public Law 105–33), unless the Secretary of Brotherhood of Teamsters shall agree to Mr. PAYNE. Health and Human Services certifies to the repay the Secretary of the Treasury for the H. Con. Res. 128: Mr. ROHRABACHER. Congress that the implementation of the costs incurred by the Department of Labor H. Con. Res. 134: Mrs. THURMAN, Mr. SHAW, plan will not result in a reduction of the and the Department of Justice in connection Mr. HALL of Ohio, Mr. SANDLIN, Mr. KOLBE, number of residents in primary care who will with the conduct of an election described in Mr. FOLEY, Mr. CLEMENT, and Ms. GRANGER. be available to practice in underserved rural paragraph (1). Such agreement shall provide H. Con. Res. 141: Mr. REYES and Ms. CHRIS- areas. that any such repayment plan be reasonable TIAN-GREEN. H.R. 2264 and practicable, as determined by the Attor- H. Res. 96: Mr. UNDERWOOD. ney General and the Secretary of Treasury, OFFERED BY: MR. FILNER H. Res. 135: Mr. ENGEL, Ms. KILPATRICK, and be structured in a manner that permits AMENDMENT NO. 38: At the end of title II, and Ms. HOOLEY of Oregon. the International Brotherhood of Teamsters insert after the last section (preceding the H. Res. 139: Mr. HOSTETTLER, Mr. HASTERT, to continue to operate. short title) the following section: Mr. SMITH of Michigan, Mr. WHITFIELD, Mr. (3) REPAYMENT PLAN.—The International SEC. 213. Of the amounts made available in COLLINS, Mr. SPENCE, and Mr. KINGSTON. Brotherhood of Teamsters shall submit to this title for the amount ‘‘ADMINISTRATION H. Res. 214: Mrs. ROUKEMA, Mr. BLILEY, Mr. the President of the United States, the Ma- FOR CHILDREN AND FAMILES—Children and CUNNINGHAM, and Mr. SENSENBRENNER. jority and Minority Leaders of the Senate, families services programs’’, $12,800,000 of the the Majority and Minority Leaders of the f amount available for carrying out the Com- House of Representatives, and the Speaker of munity Services Block Grant Act is trans- the House of Representatives, a plan for the DELETIONS OF SPONSORS FROM ferred and made available under section 30403 PUBLIC BILLS AND RESOLUTIONS repayment of amounts described in para- of Public Law 103–322 for the Community graph (2), at an interest rate equal to the Under clause 4 of rule XXII, sponsors Schools Youth Services and Supervision Federal underpayment rate established Grant Program Act of 1994. were deleted from public bills and reso- under section 6621(a)(2) of the Internal Reve- lutions as follows: H.R. 2264 nue Code of 1986 as in effect for the calendar OFFERED BY: MR. GRAHAM H.R. 695: Mr. THORNBERRY. quarter in which the plan is submitted, prior AMENDMENT NO. 39: Page 64, line 7, after to the expenditure of any funds under this f the first dollar amount, insert the following: section. AMENDMENTS ‘‘(decreased by $458,500,000)’’. H.R. 2264 Page 64, line 7, after the second dollar OFFERED BY: MR. PETERSON OF Under clause 6 of rule XXIII, pro- amount, insert the following: ‘‘(decreased by PENNSYLVANIA posed amendments were submitted as $458,500,000)’’. follows: Page 68, line 17, after the first dollar AMENDMENT NO. 43: Page 64, line 7, after amount, insert the following: ‘‘(increased by each dollar amount, insert ‘‘(decreased by H.R. 2264 $458,500,000)’’. $20,000,000)’’. OFFERED BY: MR. COBURN Page 68, line 17, after the second dollar Page 69, line 26, after each dollar amount, AMENDMENT NO. 34: Page 25, line 18, after amount, insert the following: ‘‘(increased by insert ‘‘(increased by $20,000,000)’’. the first dollar amount, insert the following: $458,500,000)’’. H.R. 2264 ‘‘(increased by $34,868,000)’’. H.R. 2264 OFFERED BY: MR. SMITH OF MICHIGAN Page 26, line 22, after the dollar amount, OFFERED BY: MR. GRAHAM AMENDMENT NO. 44: At the end of title V, insert the following: ‘‘(increased by AMENDMENT NO. 40: Page 66, line 7, after insert after the last section (preceding the $51,000,000)’’. ‘‘$796,000,000’’ insert ‘‘(increased by short title) the following section: Page 37, line 1, after the dollar amount, in- $18,000,000)’’. SEC. 516. None of the funds made available sert the following: ‘‘(reduced by $2,388,000)’’. Page 66, line 12, after ‘‘$7,000,000’’ insert in this Act may be used to alter, for any Page 41, line 8, after the dollar amount, in- ‘‘(increased by $18,000,000)’’. State, formulas under subparts I and II of sert the following: ‘‘(reduced by $22,668,000)’’. Page 82, line 6, after ‘‘$174,661,000’’ insert part B of title XIX of the Public Health Serv- Page 44, line 16, after the dollar amount, ‘‘(increased by $18,000,000)’’. ice Act. insert the following: ‘‘(reduced by H.R. 2264 H.R. 2264 $4,812,000)’’. OFFERED BY: MR. HOEKSTRA Page 45, line 11, after the dollar amount, OFFERED BY: MR. SMITH OF MICHIGAN AMENDMENT NO. 41: At the end of the bill, insert the following: ‘‘(reduced by AMENDMENT NO. 45: At the end of title V, insert after the last section (preceding the $5,000,000)’’. insert after the last section (preceding the short title) the following new section: short title) the following section: H.R. 2264 EC S . 516. None of the funds made available SEC. 516. None of the funds made available OFFERED BY: MR. COBURN in this Act may be used to pay the expenses in this Act may be used to apply, for any of an election officer appointed by a court to AMENDMENT NO. 35: At the end of the bill, State, formulas under subparts I and II of insert after the last section (preceding the oversee an election of any officer or trustee part B of title XIX of the Public Health Serv- short title) the following section: for the International Brotherhood of Team- ice Act that are different in any numerical sters. SEC. 516. Notwithstanding any other provi- respect from the formulas that were applied sion of this Act, none of the funds made H.R. 2264 under such subparts, respectively, for the available in this Act may be used to carry OFFERED BY: MR. HOEKSTRA State for fiscal year 1997 (other than numeri- out or promote any program of distributing AMENDMENT NO. 42: At the end of the bill, cal changes necessary to reflect the amounts sterile needles for the hypodermic injection insert after the last section (preceding the made available in this Act for carrying out of any illegal drug. short title) the following new section: such subparts for fiscal year 1998). H6920 CONGRESSIONAL RECORD — HOUSE September 4, 1997 H.R. 2264 Page 66, lines 20 and 21, after each dollar H.R. 2264 OFFERED BY: MR. SOUDER amount, insert ‘‘(increased by $75,000,000)’’. OFFERED BY: MR. SOUDER AMENDMENT NO. 46: Page 64, line 7, after H.R. 2264 AMENDMENT NO. 57: In the item relating to the first dollar amount, insert ‘‘(decreased OFFERED BY: MR. SOUDER ‘‘HEALTH RESOURCES AND SERVICES ADMINIS- by $475,000,000)’’. AMENDMENT NO. 52: Page 64, line 7, after TRATION—HEALTH RESOURCES AND SERVICES’’, Page 64, line 7, after the second dollar each dollar amount, insert ‘‘(decreased by insert after the first dollar amount (before amount, insert ‘‘(decreased by $458,500,000)’’. $100,000,000)’’. the comma) ‘‘(reduced by $5,000,000)’’; and in Page 65, lines 7 and 8, after each dollar Page 68, line 17, after each dollar amount, the fifth proviso (relating to the program amount, insert ‘‘(increased by $40,000,000)’’. insert ‘‘(increased by $100,000,000)’’. under title X of the Public Health Service Page 66, lines 20 and 21, after each dollar Act), insert after the dollar amount ‘‘(re- amount, insert ‘‘(increased by $167,000,000)’’. H.R. 2264 duced by $5,000,000)’’. Page 68, line 17, after each dollar amount, OFFERED BY: MR. SOUDER In the item relating to ‘‘ADMINISTRATION insert ‘‘(increased by $200,000,000)’’. AMENDMENT NO. 53: Page 64, line 7, after FOR CHILDREN AND FAMILIES—CHILDREN AND Page 73, line 15, after the first dollar each dollar amount, insert ‘‘(decreased by FAMILIES SERVICES PROGRAMS’’, insert after amount, insert ‘‘(increased by $68,000,000)’’. $100,000,000)’’. the first dollar amount ‘‘(increased by H.R. 2264 Page 68, line 17, after each dollar amount, $5,000,000)’’. OFFERED BY: MR. SOUDER insert ‘‘(increased by $100,000,000)’’. H.R. 2264 AMENDMENT NO. 47: Page 64, line 7, after H.R. 2264 OFFERED BY: MR. SOUDER each dollar amount, insert ‘‘(decreased by OFFERED BY: MR. SOUDER AMENDMENT NO. 59: In the item relating to $40,000,000)’’. AMENDMENT NO. 54: Page 64, line 7, after ‘‘HEALTH RESOURCES AND SERVICES ADMINIS- Page 65, lines 7 and 8, after each dollar each dollar amount, insert ‘‘(decreased by TRATION—HEALTH RESOURCES AND SERVICES’’, amount, insert ‘‘(increased by $40,000,000)’’. $68,000,000)’’. insert after the first dollar amount (before H.R. 2264 Page 73, line 15, after each dollar amount, the comma) ‘‘(reduced by $10,000,000)’’; and in OFFERED BY: MR. SOUDER insert ‘‘(increased by $68,000,000)’’. the fifth proviso (relating to the program under title X of the Public Health Service AMENDMENT NO. 48: Page 64, line 7, after H.R. 2264 Act), insert after the dollar amount ‘‘(re- each dollar amount, insert ‘‘(decreased by OFFERED BY: MR. SOUDER duced by $10,000,000)’’. $12,000,000)’’. AMENDMENT NO. 55: In the item relating to In the item relating to ‘‘ADMINISTRATION Page 66, lines 20 and 21, after each dollar ‘‘HEALTH RESOURCES AND SERVICES ADMINIS- FOR CHILDREN AND FAMILIES—CHILDREN AND amount, insert ‘‘(increased by $12,000,000)’’. TRATION—HEALTH RESOURCES AND SERVICES’’, FAMILIES SERVICES PROGRAMS’’, in the second H.R. 2264 in the fifth proviso (relating to the program undesignated paragraph (relating to the Vio- OFFERED BY: MR. SOUDER under title X of the Public Health Service lent Crime Reduction Trust Fund), insert AMENDMENT NO. 49: Page 64, line 7, after Act), insert after the dollar amount ‘‘(re- after the dollar amount ‘‘(increased by each dollar amount, insert ‘‘(decreased by duced by $5,000,000)’’. $10,000,000)’’. $53,000,000)’’. H.R. 2264 H.R. 2264 Page 66, lines 20 and 21, after each dollar OFFERED BY: MR. SOUDER OFFERED BY: MR. SOUDER amount, insert ‘‘(increased by $53,000,000)’’. AMENDMENT NO. 56: In the item relating to AMENDMENT NO. 59: In the item relating to H.R. 2264 ‘‘HEALTH RESOURCES AND SERVICES ADMINIS- ‘‘HEALTH RESOURCES AND SERVICES ADMINIS- OFFERED BY: MR. SOUDER TRATION—HEALTH RESOURCES AND SERVICES’’, TRATION—HEALTH RESOURCES AND SERVICES’’, AMENDMENT NO. 50: Page 64, line 7, after insert after the first dollar amount (before insert after the first dollar amount (before each dollar amount, insert ‘‘(decreased by the comma) ‘‘(reduced by $5,000,000)’’; and in the comma) ‘‘(reduced by $10,000,000)’’; and in $27,000,000)’’. the fifth proviso (relating to the program the fifth proviso (relating to the program Page 66, lines 20 and 21, after each dollar under title X of the Public Health Service under title X of the Public Health Service amount, insert ‘‘(increased by $27,000,000)’’. Act), insert after the dollar amount ‘‘(re- Act), insert after the dollar amount ‘‘(re- duced by $5,000,000)’’. duced by $10,000,000)’’. H.R. 2264 In the item relating to ‘‘CENTERS FOR DIS- In the item relating to ‘‘ADMINISTRATION OFFERED BY: MR. SOUDER EASE CONTROL AND PREVENTION—DISEASE FOR CHILDREN AND FAMILIES—CHILDREN AND AMENDMENT NO. 51: Page 64, line 7, after CONTROL, RESEARCH, AND TRAINING’’, insert FAMILIES SERVICES PROGRAMS’’, insert after each dollar amount, insert ‘‘(decreased by after the first dollar amount ‘‘(increased by the dollar amount ‘‘(increased by $75,000,000)’’. $5,000,000)’’. $10,000,000)’’. 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, THURSDAY, SEPTEMBER 4, 1997 No. 115 Senate The Senate met at 9:30 a.m. and was Senate session each day just to hear in the morning. We have not set a called to order by the President pro the Chaplain’s prayers. I wish to ex- time. It could be as early as 8:30 to ac- tempore [Mr. THURMOND]. press, again, my sincere appreciation commodate Senators’ schedules, on the for the beauty and for the meaningful- cloture motion on the Food and Drug PRAYER ness of those prayers. It gives us the Administration reform bill. We need to The Chaplain, Dr. Lloyd John right frame of mind to begin a day’s get this bill done. It was reported out Ogilvie, offered the following prayer: work together for the American people. overwhelmingly from the committee, O God, You have prophesied through f and it has broad bipartisan support. Isaiah, ‘‘You will keep him in perfect Unfortunately, this is even a cloture peace whose mind is stayed on You’’— SCHEDULE vote on the motion to proceed. Isaiah 26:3; and promised through Mr. LOTT. Mr. President, the Senate The Senator from Massachusetts, Jesus, ‘‘Peace I give to you, not as the will immediately resume consideration Senator KENNEDY, has objections to world gives do I give to you. Let not of amendment No. 1077, offered by the this FDA reform. I thought we had your heart be troubled, neither let it be Senator from Indiana, Senator COATS, them worked out two or three times at afraid.’’—John 14:27. who is here and prepared to go. This is the end of the session, before the Au- That is the quality of peace we need an amendment, of course, to S. 1061, gust recess, and then it seemed to get to do our work creatively today. Often the Labor, HHS appropriations bill. It away from us. the conflict and tension present in our is hoped that an agreement can be I hope we can get all the Senators to lives threaten to rob us of a calm and reached this morning to conduct a vote work together and work out agree- restful mind and heart. It is so easy to on the Coats amendment by mid-morn- ments so we can move this very impor- catch the emotional virus of frustra- ing, hopefully within the hour. tant legislation. It is very important to tion and exasperation. Help us to re- In addition, Members can anticipate the health and general quality of life of member that Your peace is a healing additional votes on amendments cur- all Americans. This is an agency that antidote to anxiety that can survive in rently pending to the Labor, HHS ap- has been bureaucratic, it has been any circumstance. propriations bill and other amend- slow, it has not done its work where it Provider of peace, give us the peace ments expected to be offered to the bill should be doing its work, and it has of a cleansed heart, a free and forgiving throughout the day’s session. I under- tried to force itself into areas where it heart, a caring and compassionate stand a couple of amendments have really doesn’t belong. This is long over- heart. Right now, may Your deep peace been offered and set aside. I know there due. flow into us, calming our impatience are some other amendments pending. I, again, am interested in getting it and flowing from us to others. As always, Members will be notified of done. But if we have to, we will have Especially, we pray for Your peace exactly what time the votes will be more than one vote or votes on cloture. for the women and men of this Senate. scheduled. We will work with all Mem- We need to go ahead and complete this. May Your profound inner peace free bers to make sure they have an oppor- I think, once we can get it to debate them to think clearly and speak deci- tunity to offer their amendments and and vote, it will not take very long. If sively while maintaining the bond of debate them, and then, of course, we we can work out something, by the peace with one another. Through our will have votes, if necessary. way, on the bill, before the time, then Lord and Saviour. Amen. I ask, again, that all Senators co- we would not have to have a cloture f operate with our managers on both vote tomorrow. I would be glad to work sides of the aisle. They are trying to with the leaders on the legislation, RECOGNITION OF THE MAJORITY move this very important legislation Democratic leaders, to decide on a LEADER that means so much to our country. time when it would be debated and The PRESIDENT pro tempore. The And, as is quite often the case when we when that would be scheduled, either able majority leader, Senator LOTT of return from a period back in our re- later on this week, or Monday or Tues- Mississippi, is recognized. spective States, we have not gotten off day. We will work together on that. Mr. LOTT. Thank you very much, to a fast start. We hope to complete f Mr. President. this very important appropriations bill CONTESTED LOUISIANA ELECTION f today. We do have some problems and some delays. I would like to address Mr. LOTT. Mr. President, the other THE CHAPLAIN’S PRAYER those just for a moment. issue I want to address is some of the Mr. LOTT. Mr. President, it is worth First, with regard to tomorrow, it is problems we have today. When we have coming to the opening moments of the still my intent to have a cloture vote something brought to the Senate that

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

S8765 S8766 CONGRESSIONAL RECORD — SENATE September 4, 1997 we have to look into, and, in this case, I want to do that. But if we are going here in the Senate. It is not December, I am referring to the election in Lou- to start playing this game of threats it is not January, February, March, or isiana for the Senate last year, where and delays and obstruction and block- April; it is September, and we have a allegations of fraud have been made, it ing of committee meetings and that Member of the Senate who is still seat- is incumbent upon us to thoroughly sort of thing, then I have no option but ed in this Senate, seeing activities of a check those allegations out. Unfortu- to put the time on the back end. committee on an investigation in nately, the committee charged with ju- So, I don’t think that is necessary. which allegations of fraud were made. risdiction in this area has not been We have had a good feeling here in the And I might say that the committee able to work together in a bipartisan Senate for the last 2 months. We hired a couple of investigators, law- way to get it done and get the work worked together in a bipartisan way, yers—a Republican and a Democrat— completed. I want us to reach that even when we disagreed. I think we can and the first report they gave to the point sooner, not later, and I have continue to do that, and I certainly committee was to say there is nothing worked across the aisle to try to come will try to continue to keep my word there. But that was not enough. up with a process to make that happen. and work with the Senators on this I am not going to go into what is I thought we had it worked out, again, schedule. That is one of the reasons going on in the committee. I don’t the last week in July, and at the last why we might have to vote early in the think we need to have that discussion. minute that fell apart. morning, because some Senators on But, you know, it is September. It’s So, we have to do our job. I am not both sides of the aisle want to leave. September, and we have a Member of going to come to the floor of the Sen- That is fine. We want to help them. the U.S. Senate who is still held in ate, look Senators in the eye, and the But we also have work to do. limbo, here, on this issue of investiga- American people, and say, ‘‘We So, I just wanted to point out what is tion. I saw yesterday newspaper after checked it out thoroughly, there is going on. I don’t have any problem newspaper after newspaper in Louisi- nothing here,’’ or, ‘‘There is a real with doing it this way. I just want ev- ana, the editorials and stories say, problem here,’’ until all the work that erybody to understand I am not doing ‘‘There is nothing here. Let this go. needs to be done has been done. I can’t it to cause confusion or delay. I have Stop this investigation.’’ do that. no option. So, you know, the concern that some Now we are being told, well, if you The Environment and Public Works exhibit on the floor of the Senate about continue it, we are going to have Committee will meet today. We will this issue is not without foundation. delays and obstruction by the Demo- continue to work on the Labor, HHS The Senator from Mississippi points crats. What are they delaying and ob- appropriations bill. I believe that we out that he is concerned about delay. I structing? The Labor, Health and can and should get it completed today don’t think any of us want a delay. Human Services appropriations bill, or tomorrow. But we will have success Mr. LOTT. Mr. President, if I could the Superfund reform. Here is a pro- on this bill, and we will do it in a bi- reclaim my time to respond on that, I gram, Superfund, that is really the partisan way, and we will do it, hope- think everybody has indicated we want laughingstock of America. You care fully, by the end of this week or the to continue to move the appropriations about the environment? Who among us first of next week. bills. would not care that the program is not So I just wanted to advise Senators Mr. DORGAN. That’s correct. working. Lawyers have a grand time. what the schedule looks like for today Mr. LOTT. But if an objection is They are making money. But we are and in the morning. I will talk to my heard today for the Environment and not cleaning up hazardous sites. We are counterpart on the other side of the Public Works Committee to meet in not cleaning up hazardous waste sites. aisle. I will be glad to work with Sen- session this afternoon and work on So the Committee on Environment ators on FDA reform and Superfund re- marking up a very important environ- and Public Works wants to meet today form and on Labor, HHS, to see if we mental bill to clean up hazardous to mark up the Superfund bill, and I can find reasonable accommodation, waste sites, that interrupts the process am being told, ‘‘Well, we are not going and we will also continue to pursue an of the appropriations bill. That com- to let you meet; we are not going to let opportunity to recommend to the Sen- mittee should meet. In my opinion, it that committee meet, in a bipartisan ate what action, if any, or none, should should have already met on this issue, way, and mark this bill up.’’ And, be taken with regard to the Louisiana and had votes and brought it to a con- therefore, I have no option but to say, election. clusion. So, if an objection is heard to OK, if you are going to do that, then we Mr. DORGAN. Will the Senator yield committees meeting, I have no option will go out this afternoon. for a question? but to go out for a period of time to If objection is made to the Environ- Mr. LOTT. I’d be glad to yield. allow the committees to do their work. ment and Public Works Committee Mr. DORGAN. I listened with interest That’s a very important part of our meeting this afternoon to mark up to the Senator from Mississippi, the process here. Superfund reform, which would clean majority leader. I think it is important So the effect is that you are delaying up hazardous waste sites in my State to point out that there is no intention the appropriations bill. But perhaps ob- and probably every State in America, if that I am aware of on this floor to in- jection would not be heard, we that is going to be blocked, then the terrupt the business of appropriations wouldn’t have to stop for 2 hours this Senate will go out at 2 o’clock, we will bills. The principal business in this afternoon so that a very important be out until 4 o’clock so the committee month of September is to finish, and committee could meet. I have indi- can meet and do its work, and we will work hard on, the appropriations bills; cated to the Senator and to Senator tack that time onto tonight. We are by the end of September, have them DASCHLE that we hope that would not not going to have this arrangement down to the White House, so the Presi- be necessary. But, you know, the effect where the other side tries to dictate dent can sign them and avoid a con- is to delay the Labor, Health and the schedule in committee meetings. tinuing resolution. So we want to do Human Services appropriations bill. We are not going to do that. that, and there is no objection that I With regard to the Louisiana elec- I have worked very hard to keep my am aware of, made by anyone, which tion, yes, it is September. It need not word to the Senate and to the Sen- would interrupt in any way the con- be. This matter could have been con- ators. When I say we are going to meet duct of business on appropriations cluded, completed, weeks or months and have votes, we try to do that. bills. ago, but from the beginning, the Demo- When we agree we are not going to The Senator from Mississippi, the crats on the committee would not co- meet and have votes, we try to honor majority leader, knows there is great operate, would not work with us. They that. We agreed we would be out in the concern about the issue of a contested didn’t actually—— third week in October for the Columbus election in Louisiana, by which a Mem- Mr. DORGAN. Well—— Day period. I am going to keep my ber of the Senate was seated without Mr. LOTT. Wait, I have the floor and word on that. I tried to keep in mind prejudice and an investigation was I will yield when you ask me to. I am the personal lives, and opportunities to begun. The conduct of that investiga- on that committee, and all I ever said have dinner with families and children. tion causes some significant concern was find out what happened, was there September 4, 1997 CONGRESSIONAL RECORD — SENATE S8767 apparent fraud or not. As a matter of ‘‘When will investigation end? Voters have, and we can complete our work on fact, investigators never went into might not be happy with prolonged de- appropriations and on Superfund and Louisiana until July. Shortly there- bate.’’ on fast track and on ISTEA, and then after, in something I have not seen in ‘‘Poll: State’s voters believe return to our constituency. 25 years in Congress, the Democrats Landrieu probe unnecessary.’’ Mr. DORGAN. If the Senator will walked out of the committee’s proceed- ‘‘Enough’s enough,’’ an editorial in yield for one more comment, the issue ings and said, ‘‘We won’t participate.’’ the Times-Picayune. of delay applies especially and indeli- In investigation after investigation ‘‘Senate investigation will hurt Lou- bly to the issue of the investigation in over the years in the House and the isiana.’’ Louisiana, and delay, it seems to me, ‘‘No evidence of widespread fraud.’’ continued delay is unfair to Senator Senate, I never saw the Republicans or It is September, and there is no dem- Democrats, in any other instance, say, LANDRIEU and unfair to the people of onstration of any kind that I am aware Louisiana. It is not our intent to cause ‘‘We’re not going to participate.’’ of that any irregularities existed in What happened after the investiga- problems for the Senator from Mis- that election that would in any way sissippi in the scheduling of the Sen- tors’ being down there for like 2 weeks, overturn the results of the election, the Justice Department withdrew the ate. I understand it is not easy to be in- and yet we still have what I think is a volved in running this place. So it is FBI agents. It couldn’t come to a con- concerted effort by some to drag this not our intention to cause those kinds clusion. The week before we went out, out and drag it out and drag it out. of problems. That is especially why—— I talked with Senators on the Demo- Mr. LOTT. Yes. Mr. LOTT. Let me just say, it is not cratic side of the aisle, and we worked Mr. DORGAN. Frankly, a lot are not easy, but it is a great pleasure. I’m en- out an arrangement that I thought ev- happy about that. joying it a lot. erybody was satisfied with for a special Mr. LOTT. Yes, there has been an ef- Mr. DORGAN. You actually act like allocation of money to complete that fort that has caused it to be delayed you are enjoying it. We have done a work and in time to complete that and dragged out. lot. This has been a pretty productive work. At the last minute, it was jerked Mr. DORGAN. I understand who the year, but at least a good number on our away. Senator from Mississippi says is at side say with respect to delay, one of What has happened is, I think Sen- fault. I only know it is September. The the delays that occurs now in the Sen- ator WARNER is going to make an an- first two lawyers who were hired, a ate is the delay on this investigation nouncement today, I believe, about a Democrat and Republican, testified in and the end of the investigation, and schedule he has in mind. There are sev- front of the committee that hired them the investigation has found nothing on eral boxes of documents that have been and said there is nothing here. The ma- the issue of this contested Senate elec- turned over now to the committee as a jority leader said that is not satisfac- tion. We hope that we will get beyond result of the subpoena duces tecum to tory. that and get on with the business and get evidence with regard to gaming in- Mr. LOTT. In the areas they had not have that hanging over the head of terests and involvement in the elec- looked into. There had been nothing Senator LANDRIEU or the people of Lou- tion. By the way, I think they have done with regard to the gaming activi- isiana. every right to support a referendum. ties and the so-called life organization So our point is this: Let’s continue The only question is was it in any way in New Orleans. with the Senate business. Let’s pass used improperly or illegally. I don’t Mr. DORGAN. My point is, if he will these appropriations bills, get them to know the answer to that. allow me one more minute, my point is the President, get them signed. That is Once those documents are reviewed, I that I think it is unfair to the Senator the regular order. Let’s also resolve understand the committee is going to from Louisiana. I think it is unfair to this issue with the Louisiana election. meet, hear from the investigators, hear the people of Louisiana. This ought to It is now September. It is not March or what the evidence is, if any, that they get wrapped up. April or July. It is September, and it is Our point is this: There is no inten- find in these documents and, at some long past the time when that should tion to interrupt the business of the point, the committee will proceed to have been resolved. Senate, which is now to pass these ap- action. I don’t know exactly what date Mr. LOTT. Mr. President, I ask unan- propriations bills in the month of Sep- that would be. imous consent, at the end of my re- tember. We have to do that. There is no It is not my intention to drag this marks, to have printed in the RECORD one out here objecting to the work on out indefinitely. But I have to be able the history of this type of investiga- those appropriations bill. tion, these type of allegations and the to come here and say to Members on Mr. LOTT. But you are going to ob- both sides of the aisle, ‘‘We’ve done our length of time they have gone on. ject to a committee meeting, which The PRESIDING OFFICER (Mr. work. Even though we haven’t had co- makes it necessary for the work of the BROWNBACK). Without objection, it is so operation, we have reached a conclu- Appropriations Committee to be inter- ordered. sion as best we can, and here it is.’’ I rupted. (See exhibit 1.) have told the Senators on both sides of Mr. DORGAN. As the Senator knows, Mr. LOTT. Mr. President, as a matter the aisle over the past year and 3 the regular order of the Senate is to of fact, most of them, many of them, months how we deal with you. I am not have no committee meetings when the have gone on for weeks and months, in- interested in causing undue delay or Senate is in session. cluding some Senators who serve here difficulty for any Senator here with or Mr. LOTT. But it has been the com- in the Senate right now, and they pro- without prejudice. But I must be able, mon practice for committees to be able ceeded in the normal way. It is not my along with other Senators, to say that to meet. All I am saying to you is, intention to delay this investigation we did our work, we fulfilled our con- work with us and we can bring this to and this conclusion. It is my intention stitutional responsibility, and then conclusion. But I am also saying that if to make sure that we have investigated make a recommendation. I will be glad you start interrupting the business of all of the alleged fraud and abuses of to yield further if you like. the Senate or committees, it will not election laws and illegal acts. When we Mr. DORGAN. If the Senator will be without action in return. We need to have done that, I will press aggres- yield, he clearly should and will not be work together. We need to do these sively for a conclusion. But until that surprised at concern expressed now in things privately and communication in is done, with the cooperation of the September about this issue. Those con- the type of way we have done over the Democrats, it will not end. cerns were registered in July and early last 2 months. But if you start playing I yield the floor, Mr. President. August, and the Senator understands games with committees meeting on im- EXHIBIT 1 that we have a Senator from Louisiana portant issues like Superfund and, let CONTESTED ELECTION CASES whose election is still being contested, me tell you, fast track, it will have an (Prepared by the Office of Senate Legal and it is now September. I just want effect. Every action produces a reac- Counsel, December 1996) to, if I might, just show you some of tion. I. INTRODUCTION what is happening in Louisiana in the So let’s not start down that trail. The Constitution provides that ‘‘Each press: Let’s continue to work together as we House shall be the Judge of the Elections, S8768 CONGRESSIONAL RECORD — SENATE September 4, 1997 Returns, and Qualifications of its own Mem- 2. Durkin v. Wyman (1974–75) tion. The second investigation took almost a bers. . . .’’ 1 The Senate has always been In the 1975 contested election case of year and involved the testimony of 180 wit- ‘‘jealous of [this] constitutional right.’’ 2 Durkin v. Wyman, the Senate, rather than nesses. In May 1912, the special committee fi- Courts have consistently recognized that declare the winner as it had done in Steck v. nally reported to the Senate that it could congressional actions in this area present Brookhart, simply found the seat vacant. find no evidence linking Lorimer to the al- nonjusticiable political questions beyond ju- The initial count of the November 1974 New leged corruption.10 A minority report, how- dicial review.3 In Reed et al. v. The County Hampshire Senate election showed Repub- ever, cited evidence that seven Illinois legis- Comm’rs of Delaware County, Penn., the Su- lican Louis Wyman ahead of Democrat John lators had been bribed to vote for Lorimer.11 preme Court acknowledged that the Senate Durkin by 355 votes out of more than 200,000 Moreover, the minority believed that there is the final judge of the elections of its mem- cast. A subsequent state recount determined was significant evidence linking Lorimer to bers and held: ‘‘[The Senate] is the judge of that Durkin had won the election by ten the bribes.12 The minority argued that the the elections, returns and qualifications of votes, and on November 27, 1974 the governor evidence was sufficient for the Senate to rule its members. . . . It is fully empowered, and issued Durkin a ‘‘conditional’’ certificate of that the election was invalid. In July 1912, may determine such matters without the aid election. Wyman challenged the certification following a public outcry and an extensive of the House of Representatives or the Exec- before the New Hampshire State Ballot Law Senate debate, the full Senate sided with the utive or Judicial Department.’’ 4 Commission, which ruled on December 24, minority and voted 55 to 28 to declare II. SENATE REFUSAL TO SEAT STATE-CERTIFIED 1974 that Wyman had won the election by Lorimer’s election invalid and his seat va- CANDIDATES two votes. On December 27, 1974, the gov- cant. In a special election following Lorimer’s ouster, Lawrence Y. Sherman was The Senate has been called upon to judge ernor rescinded Durkin’s ‘‘conditional’’ cre- elected to fill the seat. approximately 100 contested election cases. dentials and certified Wyman the victor. On only nine occasions, however, has the That same day, Durkin filed a petition with 2. Frank L. Smith (1926–28) Senate denied a seat to the candidate whose the Senate contesting Wyman’s credentials. The other two instances in which the Sen- election had been certified by the state.5 The matter was referred to the Rules Com- ate declared an election invalid because of Several of these cases involve fact patterns mittee’s Subcommittee on Privileges and corruption arose out of the work of a Special that are unlikely to be at issue in modern Elections. The Subcommittee began its in- Committee that was created in May 1926 to disputes. They are not examined in this vestigation, which included a day of hearings investigate allegations of the corrupt use of memorandum.6 Five cases, however, involve during sine die adjournment, before the 94th campaign expenditures in primary elections allegations that are more likely to be at Congress convened. The Subcommittee re- in Pennsylvania and Illinois. Eventually, the issue in modern contested election cases: fused to make a recommendation and passed scope of the Special Committee’s investiga- challenges to the accuracy of the ballot the case onto the full Committee, which di- tion expanded to include allegations of cor- count, and challenged based on claims that vided evenly on the matter. The full Com- rupt practices in the November general elec- the election results were tainted by fraud mittee then referred the case to the full Sen- tion too. In both cases the Senate departed and corruption. ate without a recommendation. from its normal procedure and refused to When it convened in January 1975, the Sen- seat the Senator-elect pending the outcome A. Inaccurate ballot counts ate would neither seat Wyman nor declare of its investigation. This departure from 1. Steck v. Brookhart (1926) the seat vacant. Instead, the Senate referred practice is probably best explained by the The case of Steck v. Brookhart is the only the matter to the Rules Committee again. fact that an ongoing investigation had al- occasion on which the Senate has overturned After much debate, the Committee decided ready uncovered substantial evidence of the result of a state-certified election and upon carefully crafted procedures to recount fraud and corruption by the time each of seated the contestant. Every other time that the approximately 3,500 disputed ballots. But these Senators-elect presented his creden- the Senate has overturned the results of a despite spending more than 200 hours on the tials to the Senate. state-certified election, it has simply de- matter, the Committee could not agree upon Despite the negative publicity from the in- clared the seat vacant and left the state to whom should be seated. Eventually, the vestigation of his primary victory, Frank L. decide how it should be filled.7 In 1926, how- Committee reported the matter to the Sen- Smith won the November 1926 Illinois gen- ever, the Senate voted to unseat Republican ate without a recommendation. Beginning in eral election. The Special Committee contin- Smith Brookhart from Iowa and replace him June 1975, the Senate debated the case for six ued its investigation and on January 17, 1928 with his general election opponent, Demo- weeks. Six cloture votes could not cut off the reported to the Senate its recommendation crat Daniel Steck. Republican-led filibuster. The Senate was at that Smith not be seated. The committee Brookhart was certified the winner of the an impasse. The case was resolved only when concluded that Smith’s election was tainted November 1924 Iowa Senate election after a Durkin and Wyman agreed in late July 1975 with fraud and corruption because he had re- state recount showed that he had gained a to support a new election. The day after the ceived campaign contributions from public plurality of less than 800 votes out of the candidates reached their compromise, the service corporations in Illinois while he was more than 900,000 ballots cast in a four-way Senate voted 71 to 21 to declare the seat va- chairman of the state agency that regulated race. In January 1925, his opponent Steck cant. That action paved the way for a Sep- them. The Senate agreed and on January 19, filed with the Senate a challenge to tember 1995 election, which Durkin won deci- 1928 voted 61 to 23 to deny Smith a seat. Brookhart’s seating based on alleged irreg- sively. Smith resigned from office on February 9, ularities in the vote count. In an unusual B. Corrupt elections 1928. Otis F. Glenn was elected to fill the va- twist, the Iowa Republican State Central 1. William Lorimer (1910–12) cancy, and took his seat December 3, 1928. Committee, angered by Brookhart’s failure On three occasions the Senate has deter- 3. William S. Vare (1926–29) to endorse the Coolidge presidential ticket, mined that an election was so tainted with William S. Vare, the Republican nominee also challenged his election on the ground corruption that its results were invalid. for the Senate from Pennsylvania, also won that Brookhart was not, as he had rep- Each time, the Senate declared the seat va- the November 1926 general election despite resented himself to be, a member of the Re- cant. The first occurred in 1912 when the the negative publicity surrounding the Spe- publican Party. The Senate allowed Senate voted to overturn the certified elec- cial Committee’s investigation of his pri- Brookhart to take his seat at the beginning tion of William Lorimer of Illinois. The Illi- mary win. His opponent in the general elec- of the 69th Congress in March 1925 and re- nois legislature elected Lorimer to the Sen- tion, Democrat William B. Wilson, filed a pe- ferred the challenges to the Committee on ate, where he took his seat in 1909. In May tition challenging Vare’s credentials, alleg- Privileges and Elections. Beginning in the 1910, Lorimer asked the Senate to inves- ing corruption by Vare’s supporters in the summer of 1925, the Committee conducted an tigate allegations by the press that he had general election. Wilson’s allegations in- investigation of Brookhart’s election, which gained his seat through bribery. In December cluded ‘‘padded registration lists, ‘phantom’ included a recount in Washington, D.C. of 1910, the Committee on Privileges and Elec- voters who were actually dead or imaginary, each of the ballots cast. In March 1926, the tions reported to the Senate its determina- criminal misuse of campaign funds, and Committee reported to the Senate that tion that Lorimer’s election was valid. The voter intimidation.’’ 13 The Committee on Steck had received a plurality of 1,420 votes Committee majority argued for the applica- Privileges and Elections conducted an inves- and recommended that Brookhart be un- tion of a standard that had been established tigation of Vare’s general election campaign seated and replaced by Steck. Much of the by precedent: the Senate would invalidate an that supplemented the Special Committee’s seven-day Senate debate concerned the ap- election on the basis of corrupt practices investigation into his primary victory. On plicability of Iowa election law to the vote only if the Senator knew of or sanctioned February 22, 1929, the Special Committee, count. The Committee majority took the po- the corrupt activities or if those activities after an almost three-year probe, reported to sition that the Senate was not constrained had changed the outcome of the election.9 In the Senate its unanimous recommendation 8 by Iowa law. On April 12, 1926, the Senate, in March 1911, the Senate declared the election that Vare should not be seated because of a vote that crossed party lines and did not valid. the evidence of corruption it had uncovered, include Brookhart, voted by a margin of 45 Repeated press reports of bribery in including thousands of instances of fraudu- to 41 to unseat Brookhart and replace him Lorimer’s election forced the Senate to con- lent registration. On December 5, 1929, the with Steck. tinue to probe the allegations, however, and Committee on Privileges and Elections re- in June 1911, the Senate created a special ported to the Senate its contrary determina- * Footnotes at end of report. committee to conduct a second investiga- tion that Vare’s election was lawful. After a September 4, 1997 CONGRESSIONAL RECORD — SENATE S8769 day of debate, the Senate voted on December from the precedents established.’’ 22 A discus- Durkin and Louis Wyman for a New Hamp- 6, 1929, by a margin of 66 to 15, that William sion of those general principles is set forth shire Senate seat, also discussed above in Wilson had not been elected, and, by a mar- below. Section II. A certificate of election had been gin of 58 to 22, that Vare should be denied a A. Beginning the election contest issued to Durkin, but, after a recount, the seat. On December 12, 1929, Joseph R. Grundy certificate was rescinded and reissued to Senate election contests are most fre- took Vare’s seat by appointment. Wyman. At the swearing-in of new members- quently begun with the filing of a petition by elect, both Wyman and Durkin were asked to C. Recent challenges the losing candidate, addressed to the Sen- stand aside,36 and the certificates were re- Since 1992, three Senate elections have ate, protesting the seating of the contestee ferred to the Committee on Rules and Ad- been contested, but in none of these cases and asserting a right to the seat in question. ministration.37 After neither the Rules Com- has the election result been overturned. In However, there is no requirement that the mittee nor the full Senate was able to re- 1992, two petitions were filed asking the Sen- protest be made by a losing candidate. Peti- solve the dispute, the seat was ultimately ate to seat Senator-elect Coverdell condi- tions have also been filed by interested vot- declared vacant.38 tionally pending the resolution of legal com- ers in the state,23 and in Steck v. Brookhart, The more common practice in recent years plaints concerning his election. One petition, discussed above in section II, a protest was has been to seat the certified member-elect filed by four Georgia citizens, asked that filed not only by the unsuccessful Demo- against whom a petition of contest has been Senator-elect Coverdell be seated condi- cratic candidate, but by the state’s Repub- filed, but to administer the oath of office to tionally pending the resolution of a federal lican committee as well, which maintained him ‘‘without prejudice.’’ 39 The effect of ad- lawsuit brought by the four petitioners and that the certified winner of the election was ministering the oath without prejudice is, it Public Citizens, Inc. challenging the con- not a proper party member.24 Although no has been said, ‘‘a two-sided proposition— stitutionality of a Georgia law requiring a rule exists, recent practice has been to file without prejudice to the Senator and with- run-off between the top two candidates the petition with the President of the Sen- out prejudice to the Senate in the exercise of where no single candidate has won a major- ate.25 On other occasions, the petition has its right.’’ 40 The ‘‘right’’ of the Senate is its ity in the general election. The second peti- been sent to various members of the Senate right, by majority vote, to later unseat the tion, filed by three Georgia citizens, asked majority and minority leadership.26 Peti- member or affirm his membership after the the Senate to seat Senator-elect Coverdell tions of contest are not the only means issues respecting his right to the seat are re- conditionally until the Federal Election available for instituting an election contest. solved.41 The most recent explanation of this Commission (‘‘FEC’’) had an opportunity to A member may offer a resolution calling for practice came from then Majority Leader investigate a complaint filed by the Demo- an investigation of an election.27 In addition, Dole at the beginning of the 104th Congress cratic Senate Campaign Committee the Committee on Rules and Administration in connection with administering the oath to (‘‘DSCC’’) charging that the National Repub- has asserted its right to investigate an elec- Senator-elect Feinstein, whose election had lican Senatorial Committee (‘‘NRSC’’) had tion contest upon its own motion.28 Recent been challenged by her opponent. It was Sen- exceeded campaign spending limits during Senate practice has been to refrain from in- ator Dole’s view that the phrase ‘‘without the Georgia run-off election. Senator vestigating a contested election until the prejudice’’ had no effect upon the rights of Coverdell was sworn in with accompanying state has conducted its own review or re- the Senator to act as a Senator, or the rights language noting that he was being seated count, where such state remedies were avail- of the Senate to act as the judge of the Sen- ‘‘without prejudice’’ to the Senate’s right to able.29 consider the petitions before it.14 Public Citi- ator’s election: zen’s lawsuit challenging the constitutional- B. Senate action upon filing of petition ‘‘The oath that will be administered to ity of the 1992 run-off election was dismissed 1. The Decision to Seat Senator Feinstein, just as the oath that will by a federal district court in March 1993. The If a petition of contest is filed in advance be administered to all other Senators-elect, district court’s decision was upheld on ap- of the presentation of credentials and swear- will be without prejudice to the Senate’s peal in June 1993. In April 1995, the FEC con- ing-in of senators-elect on the opening day of constitutional power to be the judge of the cluded that it could not reach a verdict with a new Congress,30 the Senate must decide election of its members. . . . [T]he making respect to the charge that the NRSC had whether to seat the certified senator-elect of this statement [that the oath is adminis- overspent during the run-off election.15 The pending resolution of the election contest. tered ‘‘without prejudice’’] prior to the Rules Committee took no official action on The practice of the Senate has generally swearing in of a challenge[d] Senator-elect the petitions. been to treat a state certification that ap- serves the purpose of acknowledging for- Also in 1992, several petitions contesting pears proper on its face 31 as prima facie evi- mally that the Senate has received an elec- the election of Senator Packwood were filed dence that the member-elect is entitled to a Sen- tion petition and that it will review the peti- by Oregon voters. These petitions, later con- ate seat, and to seat him pending determining of tion in accordance with its customary proce- solidated, argued that Senator Packwood his right to office: dures.’’—141 Cong. Rec. S4 (daily ed. Jan. 4, had lied to the voters regarding his mistreat- ‘‘[T]he orderly and constitutional method 1995).42 ment of women and had thereby ‘‘defrauded’’ of procedure in regard to administering the 2. Reference to committee the electorate. The petitions asked that the oath to newly elected Senators [is] that The petition of contest and other papers election result be set aside. Like Senator when any gentleman brings with him or pre- that have been filed relating to an election Coverdell, Senator Packwood was seated sents a credential consisting of the certifi- contest are referred to the Committee on without prejudice to the Senate’s right to re- cate of his due election from the executive of Rules and Administration for investigation view the petitions.16 By a vote of 16–0, the his State he is entitled to be sworn in, and and recommendations.43 The committee has Rules Committee dismissed the petitions that all questions relating to his qualifica- jurisdiction over ‘‘[c]redentials and quali- against Senator Packwood in May 1993. tion should be postponed and acted upon by fications of Members of the Senate [and] While the Committee did not formally report 32 the Senate afterwards.’’ contested elections’’ 44 Under the rules of the to the Senate, the Chairman advised the Although this has been the usual Senate Senate, standing committees continue in ex- Senate of the Committee’s decision not to practice, the Senate retains its discretion to istence and maintain their power during the proceed further with the inquiry and the look behind such credentials and to refuse to recesses and adjournments of the Senate.45 Senate took no action.17 seat a member-elect until it completes its The committee, on the basis of this rule and Finally, in 1994 California Senatorial can- adjudication of the election contest. For ex- the Senate precedents that underlie it, has didate Michael Huffington filed a petition ample, in the 1927 contest of Wilson v. Vare asserted its power to continue investigations contesting the election of Senator Dianne for a Pennsylvania Senate seat, discussed without interruption during periods of ad- Feinstein. In his petition, Huffington argued above in section II, the Senate asked the cer- journment.46 The committee has also began that some of the votes cast for Senator Fein- tified senator-elect, William Vare, to step investigations of election contests in ad- stein were invalid and that he had won a ma- aside. The Senate refused to seat Vare until vance of the convening of the Congress to jority of the valid ballots cast. Senator Fein- a special committee, previously formed to which the member-elect was elected.47 stein was sworn in ‘‘without prejudice’’ to investigate excessive expenditures and cor- C. Committee practice and procedure the Senate’s right to consider the petitions rupt practices in the 1926 senatorial cam- before it.18 Huffington withdrew his petition paigns in Pennsylvania and Illinois, had 1. Pleadings before the committee before the Rules Committee could report to completed its investigation and made its In most election cases, the protest takes 19 the Senate. final report.33 This exercise of power was the form of a petition and complaint, similar III. SENATE PROCEDURES IN CONTESTED upheld in a case arising out of the Vare in- to that in a lawsuit, describing in varying ELECTION CASES vestigation, Barry v. U.S. ex rel. detail the grounds upon which the challenge Unlike the House of Representatives, Cunningham,34 in which the Supreme Court is based. The contestee files a response, typi- whose election contests are governed in part held that the Senate had the discretion to cally in the form of an answer or an answer by codified procedures,20 ‘‘[t]he Senate has decide whether to accept Vare’s credentials combined with a motion to dismiss. The par- never perfected specific rules for challenging and administer him the oath, pending adju- ties may submit follow-up replies, and in the right of a claimant to serve.’’ 21 Rather, dication of the election contest.35 some cases the contestant, either on his own Senate ‘‘practice has been to consider and The Senate most recently refused to seat a or upon the request of the committee, may act upon each case on its own merits, al- member-elect presenting state credentials in file one or more amended complaints. In ad- though some general principles have evolved the 1975 election contest between John dition to formal pleadings, the parties may S8770 CONGRESSIONAL RECORD — SENATE September 4, 1997 submit various legal memoranda on issues lot, and fraudulently altered ballots. Inves- E. Application of State election laws relevant to the investigation, for example, tigation of such questions may require a sig- The Senate has generally attempted to ob- on questions concerning the scope and appli- nificant commitment of committee man- serve state election laws in resolving elec- cability of the state’s election laws.48 power. For example, in investigating charges tion contests. However, as the final judge of 2. Committee hearings of violations of New Mexico voters’ constitu- its elections, the Senate is not bound by Committee hearings may be held not only tional right to a secret ballot in Hurley v. state election laws, and has exercised its in Washington, but also at the site of the Chavez, committee investigators interviewed power to disregard those laws, especially in election49 The parties and their counsel are and obtained signed and witnessed state- instances where their technical application generally permitted an active role in these ments from thousands of voters throughout would invalidate the will of the voters.79 As hearings. Either the contestants or their the state. A number of Spanish-speaking in- Senator Cannon stated about the Senate’s counsel typically make opening state- vestigators were engaged by the committee investigation of the Durkin v. Wyman con- 66 ments,50 and counsel may be permitted to to aid in this effort. test, ‘‘The U.S. Senate, as the final judge or make subsequent legal arguments and other- 4. Committee report and recommendations arbiter of elections, returns, and qualifica- wise present their client’s positions during Upon the completion of its investigation tions of its Members, is not bound by the the hearings.51 The parties may be permitted and any recount, the committee submits to statutes and case law of a State, although to call witnesses,52 and counsel may be given the Senate a report, together with an accom- the committee has consistently given weight the right to question and cross-examine wit- panying resolution, recommending a final to the New Hampshire law consistent with nesses themselves.53 As might be expected disposition of the election contest. The re- the attempt to determine the intent of the given the politically charged nature of the port may also contain minority views.67 voter.’’ 80 In determining whether to give ef- issues that may arise in these disputes, hear- There are several courses of action that the fect to state election laws, a distinction is ings may be lengthy, particularly if a re- committee may recommend to the Senate. often drawn between ‘‘directory’’ and ‘‘man- count is conducted. For example, the Rules The committee may recommend that the pe- datory’’ provisions of state law. ‘‘Manda- Committee held 46 sessions and 698 rollcall tition of contest by dismissed. Dismissals of tory’’ provisions affecting the right of suf- votes in its attempt to resolve the Durkin v. contests are commonly based on the ground frage itself have been more strictly followed Wyman content.54 that the allegations of the petition are too than ‘‘directory’’ provisions, such as those 3. Committee recount procedures general to justify committee investigation.68 governing ministerial functions of state elec- or that even if the allegations are accepted In many cases, the nature of the protest is tion officials and technical requirements as true, they would be insufficient to affect such that the committee will not engage in concerning the manner of marking ballots. the result of the election.69 Alternatively, a recount. In some cases, no recount will be F. Senate disposition based upon its investigation, the committee requested by the contestant. For example, in Election contests are generally disposed of, may recommend that a certain candidate has the 1975 Edmondson v. Bellmon contest, the following floor consideration and debate, received a majority of the valid votes and challenger’s sole complaint was that the vot- pursuant to Senate resolution. A resolution should be declared the winner.70 Finally, the ing machines in one county had been pro- from the committee disposing of a contested committee may conclude that no winner can grammed in violation of Oklahoma law.55 In election case is highly privileged; it does not be determined, and recommend that the elec- other cases, the committee may decide to have to lie over a day and has precedence tion be set aside and the seat declared va- make its recommendations exclusively on over most unfinished business or motions.81 the basis of the pleadings and other evidence cant so that a special election can be held. However, in the two most recent Senate The parties to the election contest, including introduced by the parties, and reject any contested election cases in which the full bona fide claimants and senators-elect who full-scale investigation or recount.56 The Senate has acted, both occurring during the have not been permitted to take the oath of committee may also refuse to conduct a re- 94th Congress, the committee was unable to office, are usually granted floor privileges count because of the contestant’s failure to 82 agree upon recommendations for final dis- during the debate on the election contest; exhaust available state recount procedures.57 position of the contests. As noted in the occasionally, they have even been granted The decision to conduct a recount is gen- Durkin v. Wyman contest, the inability of the the privilege of addressing the Senate to erally made by the formal adoption of a reso- 83 committee to resolve the numerous issues on present their case. lution by the committee; 58 the resolution The Senate may adopt a resolution dis- which it was evenly divided prevented it may authorize a recount on less than a missing the complaint; such resolutions are from reaching agreement on a final rec- statewide basis, limited to selected counties frequently adopted by unanimous consent ommendation; the committee was able only in the state or to a particular group of pro- with little or no floor debate.84 If a senator- to report a resolution seeking Senate deter- tested ballots.59 elect who has previously been sworn in is de- mination of the issues upon which the com- The first step of a recount is to secure im- termined by the Senate to be entitled to the mittee had deadlocked.72 In the Edmondson v. mediate possession of all election records seat, the resolution will declare that he was Bellmon contest the committee found that the bearing on the contest. Most Senate re- duly elected for a six-year term as of the Oklahoma election laws had been violated counts have been conducted in Washington.60 date he received the oath.85 Where the con- and that those violations could have affected Committee staff members, often together testant is declared the winner and the in- the results of the election, but it was unable with the Sergeant at Arms, may be sent to cumbent is unseated, or if no one had earlier to determine who would have won the elec- the state to seal all voting machines and to been sworn in, upon adoption of the resolu- tion had the violations of law not occurred. bring back paper ballots, tally sheets, ballot tion, the prevailing party has been imme- The committee reported a resolution re- stubs, and other election records.61 In some diately given the oath of office and seated.86 questing that the Senate determine the out- cases, committee subpoenas have been issued In most instances, where the Senate has de- come of the election.73 A minority report, to the responsible state election officials to termined that the state-certified victor which charged that the majority report was obtain these records.62 Stringent security should not be seated, it has declared the seat partisan, recommended that the challenge be precautions have been observed in transport- vacant.87 dismissed. After four days of debate, the Sen- ing these materials to Washington and in G. Reimbursement of election contest expenses storing them during the recount. For exam- ate voted 47 to 46 to table the majority’s res- The Senate has by resolution authorized ple, in the Durkin v. Wyman contest, ballots olution. By voice vote the Senate then de- the payment of expenses incurred by the par- were kept in a locked room in the basement clared that the state-certified victor should ties in contested election cases.88 Reimburse- of the Russell Office Building with Capitol keep his seat. ment is not automatic, however, and the Police officers on guard around the clock; D. Standard of review Senate has refused to authorize payment of two padlocks were placed on the door, with a The contestant in an election has the bur- expenses even in instances where the com- different key given to the ranking majority den of proof to establish, by a preponderance mittee recommended such payment.89 Most and minority members of the committee.63 of evidence,74 the allegations raised in his pe- of these resolutions authorizing reimburse- Often extensive field investigations may be tition. Sufficient evidence must be offered to ment specify the amount of the payments, necessary at various stages of the recount overcome the presumption that the official typically less than the actual expenses in- process. Voting machines may need to be in- returns are prima facie evidence of the regu- curred by the parties during the contest. In spected to verify that the machines accu- larity and correctness of the election75 and the Durkin v. Wyman contest, however, the rately recorded the votes cast and that the that election officials have properly per- resolution authorized payments out of the total votes recorded on the machines cor- formed their legal duties.76 Not only must contingent fund of the Senate to reimburse responds with the number of voters listed on the contestant overcome these presumptions both Durkin and Wyman in an amount to be the pollbooks.64 Registration records may of regularity, but he must affirmatively es- determined by the committee.90 need to be examined and compared with the tablish that the irregularities complained of pollbooks to ensure that only legally author- would affect the result of the election.77 In DURATION OF CONTESTED ELECTION CASES ized voters are included in the count.65 In addition to these general standards, common Investigations many election cases, charges of a wide vari- to all election contests, the committee will Edmondson v. Bellmon, Oklahoma, 1975 ety of election irregularities will be at issue, often adopt detailed evidentiary presump- election: 18 months; investigation delayed 9 such as illegal assistance or corruption of tions to govern its consideration of the fac- months during New Hampshire case. voters, tampering with ballot boxes or voter tual issues that may be raised in a particular Hurley v. Chavez, New Mexico, 1952 elec- machines, violation of the secrecy of the bal- contest.78 tion: 15 months; fraud investigation. September 4, 1997 CONGRESSIONAL RECORD — SENATE S8771 Tydings v. Butler, Maryland, 1950 election: 17 See 139 Cong. Rec. S6294 (daily ed. May 21, 1993) to fill a vacancy which had not been filled by the 8 months; campaign finance and slander in- (statement of Senator Ford). legislature while it was in session. E.g. Matthew 18 vestigation. 141 Cong. Rec. S4 (daily ed. Jan. 4, 1995). Quay (1899), id. at 261–62; Henry W. Corbett (1897), id. 19 Michael Doyle, Huffington Concedes Nov. 8 Senate at 253–55; Lee Mantle (1893), id. at 243–45. A number of Sweeney v. Kilgore, West Virginia, 1948 Race, The Fresno Bee, Feb. 8, 1995, at A3. cases involved instances where more than one can- election: 18 months; fraud investigation. 20 The Federal Contested Election Act of 1969, 2 didate presented credentials for a seat. E.g., Lucas v. Hook v. Ferguson, Michigan, 1948 election: U.S.C. §§ 381–396 (1994). Prior to 1969, House election Faulkner (1887), id. at 230–31; Reynolds v. Hamilton 9 months; fraud investigation. contests were governed by the provisions of the Con- (1870), id. at 164–65; Stanton v. Lane (1861), id. at 92– Long and Overton, Louisiana, 1932 election: tested Elections Act, 2 U.S.C. §§ 201–226 (repealed), 94. Many occurred during the Civil War when there 20 months; fraud investigation by special which derived from the Act of Feb. 19, 1851, ch. 11, 9 was concern about seating senators disloyal to the committee. Stat. 568. Union cause or senators representing states in a Heflin v. Bankhead, Alabama, 1930 elec- 21 Senate Election, Expulsion and Censure Cases from state of rebellion. E.g., Fishback, Baxter and Snow 1793 to 1972, S. Doc. No. 7, 92d Cong., 1st Sess. vii (1864), id. at 117–20; Cutler Smith and Hahn (1864), id. tion: 17 months; fraud investigation. (1972). at 121–23; Segar and Underwood (1865), id. at 124–26. Smith, Illinois, 1926 election: 20 months; 22 Id. 34 279 U.S. 597 (1929). campaign finance and bribery investigation 23 See William Langer, S. Rep. No. 1010, 77th Cong., 35 Id. at 614–15. by special committee. 2d Sess. 1 (1942). Following the 1992 election, five 36 121 Cong. Rec. 4–5 (1975). Wilson v. Vare, Pennsylvania, 1926 elec- groups of Oregon voters filed petitions with the Sen- 37 121 Cong. Rec. 1495 (1975). 38 tion: 31⁄2 years; fraud and campaign finance ate contesting the election of Senator Robert Pack- 121 Cong. Rec. 25960–61 (1975). See generally, D. investigation by special committee. wood, charging that he had engaged in election Tibbetts, The Closest U.S. Senate Race in History Peddy v. Mayfield, Texas, 1992 election: fraud by lying during the campaign about his treat- (1976). ment of women. 39 See, e.g., 141 Cong. Rec. S4 (daily ed. Jan. 4, 1995) Over 2 years; fraud investigation and re- 24 Steck v. Brookhart, S. Rep. No. 498, 69th Cong., 1st (Senator-elect Feinstein); 139 Cong. Rec. S4–S7 count. Sess. 2 (1926). (daily ed. Jan. 5, 1993) (Senators-elect Coverdell and Ford v. Newberry, Michigan, 1918 election: 25 See, e.g., In the Matter of the United States Seat Packwood); 121 Cong. Rec. 8 (1975) (Senator-elect 31⁄2 years; fraud and campaign finance inves- from California in the 104th Congress of the United Bellmon); 117 Cong. Rec. 6 (1971) (Senator-elect tigation. States (1994) (petition filed by Michael Huffington Hartke); 110 Cong. Rec. 18120 (1964) (Senator-elect Recounts contesting the election of Senator Dianne Fein- Salinger) (appointee); 97 Cong. Rec. 3 (1951) (Senator- stein); Petition to Deny Seating to, or Seat Condi- elect Butler). Durkin v. Wyman, New Hampshire, 1975 tionally, Senator Bob Packwood (1992) (filed by Oregon 40 87 Cong. Rec. 3 (1941) (statement of Senator Bar- election: 9 months. voter Keith Skelton); Petition by Certain Voters and kley on the seating of Senator-elect Langer). Markey v. O’Conor, Maryland, 1946 elec- Citizens of the State of Oregon (1992) (also contesting 41 See 87 Cong. Rec. 4 (1941) (ruling of the presiding tion: 16 months. the election of Senator Packwood). officer that ‘‘[i]f this agreement is entered into, only Steck v. Brookhart, Iowa, 1924 election: 15 26 Petition Challenging the Election of Paul Coverdell a majority of the Senate will be required to pass on months. (1993) (filed by three Georgia citizens). the qualifications of the Senator-elect’’). 27 42 Note—dates measured from date of elec- Investigations of improper campaign expendi- Democratic Leader Senator Daschle added his tures and corrupt practices have often been insti- concurrence to Senator Dole’s remarks. Id. In 1993 tion. tuted in this manner. See, e.g., Frank L. Smith, Senate Senators Coverdell and Packwood took the oath of Election Cases, supra note 5, at 330–33; Wilson v. Vare, office while challenges to their election were pend- Any Committee id. 323–29. ing. At that time, Senator Dole, as Republican Lead- Action Taken Dur- State Certified 28 Case ing Sine Die Ad- Candidate Seat- See Hurley v. Chavez, S. Rep. No. 1081, 83d Cong., er, stated his view that ‘‘the phrase ‘without preju- journment of Con- ed? 2d Sess. 2 (1954). dice’ used today is of course meaningless, in its ef- gress? 29 See S. Rep. No. 597, 94th Cong., 2d Sess. 8 (1976) fect upon any subsequent Senate action.’’ 139 Cong. (Edmondson v. Bellmon); S. Rep. No. 156, part 2, 94th Rec. S7 (daily ed. Jan. 4, 1993). Steck v. Brookhart ...... Yes ...... Yes. Cong., 1st Sess. 3–6 (1975) (Durkin v. Wyman); Senate 43 See, e.g., 121 Cong. Rec. 8 (1975) (referral of peti- Durkin v. Wyman ...... Yes ...... No. Election Cases at 419 (Roudebush v. Hartke, 1970–72); id. tion of contest and reply in Edmondson v. Bellmon William Lorimer ...... Yes ...... Yes. at 399 (Hurley v. Chavez, 1952–54). See also S. Rep. No. contest). Election contests were often initially Frank L. Smith ...... Yes ...... No. Wilson v. Vare ...... Yes ...... No. 802, 81st Cong., 1st Sess. 9 (1949) (Sweeney v. Kilgore) heard by the Subcommittee on Privileges and Elec- (where contestant had withdrawn his request for a tions of the Rules Committee; that subcommittee recount by the state, the Subcommittee did not con- was disbanded in 1977. Election contests during the FOOTNOTES duct a recount in keeping ‘‘with the policy of the period 1871–1946 were referred to the Committee on 1 U.S. Const. art. I, § 5, cl. 1. subcommittee to conduct no recount in any State Privileges and Elections; prior to 1871, such disputes 2 Ford v. Newberry, S. Rep. No. 277, pt. 1, 67th Cong. wherein the laws of that State provide for a recount were usually referred to special committees or to 1st Sess. 9 (1921). by candidates for United States Senator.’’). But see the Committee on the Judiciary. In this section of 3 Roudebush v. Hartke, 405 U.S. 15, 19 (1972). Senate Election Cases at 391–93 (Tydings v. Butler, this memorandum, the term ‘‘committee’’ will be 4 277 U.S. 376, 388 (1928). 1950–51) (no effort to pursue state remedies where used generally to refer to the Rules Committee and 5 See generally United States Senate Election, Expul- Senate was conducting a hearing and investigation its predecessor committees. sion and Censure Cases 1793–1990, S. Doc. No. 33, 103d into allegations of campaign irregularities, includ- 44 Rule 25.1(n)(1)(4), Standing Rules of the Senate, Cong., 1st Sess. (1995) (hereafter ‘‘Senate Election ing slander and smear tactics). Following the 1994 S. Doc. No. 104–8, supra note 31, at 30 (1944). Cases’’). This publication, compiled by the Senate general election, Michael Huffington contested the 45 Rule 26.1, Standing Rules of the Senate, S. Doc. Historian’s Office, contains a brief description of all election of Senator-elect Dianne Feinstein in the No. 104–8, supra note 31, at 36. Senate election, expulsion, and censure cases during Senate without first seeking a recount in California. 46 See 121 Cong. Rec. 1472 (1975) (statement of Sen. the period 1793 to 1990. Huffington later withdrew his Senate petition before Allen); Senate Election, Expulsion and Censure Cases 6 Two involve the unseating of Senators who were the Rules Committee could report to the Senate. See From 1909–1960, S. Doc. No. 71, 87th Cong., 2d Sess. found ineligible under the Constitutional require- Susan Yoachum, Huffington Concedes, Drops Voter viii (1962). ment that a Senator be a U.S. citizen for nine years; Challenge, S.F. Chron., Feb. 8, 1995, at A3; Michael 47 See Durkin v. Wyman, S. Rep. No, 94–156, part 2, see Senate Election Cases at 3 (Albert Gallatin, 1793– Doyle, Huffington Concedes Nov. 8 Senate Race, The supra note 29, at 5–6. 94) and 54 (James Shields, 1849); and two others in- Fresno Bee, Feb. 8, 1995, at A3. 48 See, e.g., Senator from Oklahoma: Hearings Before volve challenges to the method to elect U.S. Sen- 30 There is no such requirement; petitions are fre- the Subcomm. on Privileges and Elections of the Senate ators used by state legislatures prior to the 1913 quently filed after the contestee has been seated. Comm. on Rules and Administration, 94th Cong., 1st ratification of the Seventeenth Amendment, id. at 74 See, e.g., Hook v. Ferguson (1949), Senate Election Sess. 221–464 (1975) (hereinafter ‘‘Edmondson v. (James Harlan, 1855–57) and 127 (John Stockton, Cases, supra note 5, at 386. Bellmon Hearings’’) (collecting together pleadings 1865–66). 31 The Senate has adopted forms of suggested cer- and memoranda of contestants). 7 Id. at 424 (John A. Durkin v. Louis C. Wyman, 1974– tificates of election and appointment of senators. 49 For example, in the Edmondson v. Bellmon con- 75); id. at 333 (Frank L. Smith, 1926–28); id. 328 (Wil- See Rule 2.3, Standing Rules of the Senate, S. Doc. test, committee staff members held hearings in liam B. Wilson v. William S. Vare, 1926–29); id. at 283 8, 104th Cong., 1st Sess. 2 (1994). Credentials should Oklahoma, which were followed with hearings before (William Lorimer, 1910–12); id. at 129 (John P. Stock- be signed by the governor and attested by the sec- the committee in Washington. S. Rep. No. 94–597, ton, 1865–66); id. at 76 (James Harlan, 1855–57); id. at retary of state of the state in which the election was supra note 29, at 5–6 (1976). 55 (James Shields, 1849); id. at 4 (Albert Gallatin, held. 50 See, e.g., Edmondson v. Bellmon Hearings, supra 1793–94). 32 37 Cong. Rec. 1 (1903) (statement of Sen. Hoar). note 48, at 11–47; Senator from New Hampshire: Hear- 8 The Senate has maintained consistently the ma- See also Riddick’s Senate Procedure, S. Doc. No. 28, ings Before the Subcomm. on Privileges and Elections of jority’s position. See infra at 26, 27. 101st Cong., 2d Sess. 704 (Alan S. Frumin ed., rev. ed. the Senate Comm. on Rules and Administration, 93d 9 S. Rep. No. 942, pt. 1, 61st Cong., 3d Sess. 2 (1910). 1992) (‘‘Under orderly procedure, a Senator-elect, Cong., 2d Sess. 136–205 (1975) (hereafter ‘‘Durkin v. 10 S. Rep. No. 769, 62d Cong., 2d Sess. 91 (1912). upon presentation of credentials, should be sworn in, Wyman Subcommittee Hearings’’); Steck v. 11 Id. at 100–14. and all matters touching his qualifications should Brookhart, S. Rep. No. 69–498, supra note 24, at 5. 12 See id. at 101 (noting that one of the bribed legis- be determined thereafter.’’); Senate Election Cases, 51 See Durkin v. Wyman, S. Rep. No. 94–156, part 1, lators had successfully blackmailed Lorimer to ob- supra note 5, at xviii. supra note 29, at 2; Senator from New Mexico: Hearings tain employment, and that an ‘‘innocent [man] 33 60 Cong. Rec. 4, 337–38 (1927). As discussed above Before Subcomm. on Privileges and Elections of the Sen- would indignantly have refused to have anything in Section II, the certified senator-elect from Illi- ate Comm. on Rules and Administration, 83d Cong., 1st else to do with such a blackmailer.’’) nois, Frank L. Smith, was also asked to step aside, Sess. 159–82 (1953) (hereafter ‘‘Hurley v. Chavez Hear- 13 Senate Election Cases at 325. based upon similar indications for fraud and corrup- ings’’) (argument of counsel on motion of dismiss). 14 139 Cong. Rec. S4–S7 (daily ed. Jan. 5, 1993). As tion discovered by the special committee. See Senate 52 See Edmondson v. Bellmon Hearings, supra note 48, discussed below, see discussion infra at 17, such Election Cases, supra note 5, at 333. The Senate has at 49–50. qualifying language probably has no legal effect. also refused to seat members-elect presenting cre- 53 See Steck v. Brookhart, S. Rep. No. 69–498, supra 15 However, the FEC found that Senator dentials in a number of cases predating the adoption note 24, at 6–7; Johnson v. Schall, S. Rep. No. 1021, Coverdell’s 1992 campaign committee had accepted of the Seventeenth Amendment in 1913. In many of 69th Cong., 1st Sess. 3–8 (1926). $66,000 in improper contributions from 95 people. The these cases, the credentials were invalid for reasons 54 S. Rep. No. 94–156, part 1, supra note 29, at 2. This FEC fined the committee $32,000 and directed it to either apparent on their face or otherwise within the was in addition to hearings held by the Subcommit- return the improper contributions. knowledge of the Senate, for example, because a tee on Privileges and Elections. See Durkin v. Wyman 16 139 Cong. Rec. S4–S7 (daily ed. Jan. 5, 1993). governor was attempting to make an appointment Subcommittee Hearings, supra note 50. S8772 CONGRESSIONAL RECORD — SENATE September 4, 1997 55 S. Rep. No. 94–597, supra note 29, at 3–5. contrary, someone other than the voter would be opment, planning, implementation, or ad- 56 See Willis v. Van Nuys, S. Rep. No. 281, 76th Cong., deemed responsible and the vote would be counted. ministration of any national testing pro- 1st Sess. 8 (1939) (rejecting recount because of the S. Rep. No. 83–1081, supra note 28, at 268. gram in reading or mathematics unless the absence of a prima facie showing that it might re- 79 Likewise, the Senate is not bound by the deci- sult in unseating of the contestee); Bursum v. sions of state courts or the results of state recount program is specifically authorized by Fed- Bratton, S. Rep. No. 724, 69th Cong., 1st Sess. 7–10 proceedings, though such state determinations are eral statute. (1926) (recount unjustified because no preliminary often accorded ‘‘great weight.’’ Johnson v. Schall, S. Specter amendment No. 1069, to express evidence was offered tending to cast doubt upon the Rep. No. 69–1021, supra note 53, at 9. For additional the sense of the Senate that the Attorney accuracy of the official returns). references, see supra note 29. General has abused her discretion by failing 57 See Sweeney v. Kilgore, S. Rep. No. 81–802, supra 80 121 Cong. Rec. 18620 (1975). to appoint an independent counsel on cam- note 29, at 9. 81 See 84 Cong. Rec. 3611 (1939) (statement of Sen. paign finance matters and that the Attorney 58 See, e.g., Hurley v. Chavez, S. Rep. No. 83–1081, George); 76 Cong. Rec. 3544 (1933) (statement of General should proceed to appoint such an supra note 28, at 265. President pro tempore). See also Riddich’s Senate Pro- 59 For example, in the Durkin v. Wyman contest, cedure, supra note 32, at 706. independent counsel immediately. the committee ordered a recount of the approxi- 82 Id. at 560. In the Durkin v. Wyman contest, both Coats/Nickles amendment No. 1077, to pro- mately 3,500 ballots that had been before the state parties, together with their counsel, were permitted hibit the use of funds for research that uti- ballot law commission. S. Rep. No. 94–156, part 2, to sit in the rear of the Senate chamber during the lizes human fetal tissue, cells, or organs that supra note 29, at 8. The committee may also begin debate. See D. Tibbetts, supra note 38, at 123. Durkin, are obtained from a living or dead embryo or with a limited recount to determine if there are suf- by unanimous consent, was given the privilege of fetus during or after an induced abortion. ficient grounds for a wider investigation and state- the floor. 121 Cong. Rec. 1472 (1975). No such motion wide recount. See O’Conor v. Markey, S. Rep. No. was required for Wyman, as he already had floor AMENDMENT NO. 1077 1284, 80th Cong., 2d Sess. 3, 11–12 (1948) (preliminary privileges as an ex-senator. The PRESIDING OFFICER. Amend- five-county recount subsequently widened to state- 83 See S. Res. 2, 70th Cong., 1st Sess., 69 Cong. Rec. ment No. 1077 is now pending. wide recount in light of trend reducing incumbent’s 338 (1927) (according William Vare ‘‘the privileges of Mr. COATS addressed the Chair. lead). the floor of the Senate for the purpose of being 60 An alternative approach is to count the ballots heard touching his right to receive the the oath of The PRESIDING OFFICER. The Sen- at locations in the state, and only bring to Washing- office and to membership in the Senate’’). There ator from Indiana. ton those ballots remaining in dispute for commit- were even early instances when counsel for the par- Mr. COATS. Mr. President, we will be tee review. See O’Conor v. Markey, S. Rep. No. 80– ties were permitted to address the Senate. See 17 An- resuming discussion of the amendment 1284, supra note 59, at 3. nals of Cong. 187–207 (1808) (statement of Francis 61 See Durkin v. Wyman, S. Rep. No. 94–156, part 1, Scott Key); id. at 207–234 (statement of R.G. Harper). I offered last evening. I don’t intend to supra note 29, at 4; Heflin v. Bankhead, S. Rep. No. 84 See, e.g., S. Res. 123, 76th Cong., 1st Sess., 84 repeat all that I said last evening. I do 568, 72d Cong., 1st Sess. 36 (1932); Peddy v. Mayfield, Cong. Rec. 4183 (1929) (Willis v. Van Nuys); S. Res. 115, know there are a few other Senators S. Rep. No. 973, 68th Cong., 2d Sess. 3 (1925). 76th Cong., 1st Sess., 84 Cong. Rec. 3611–12 (1929) 62 who wish to speak on this amendment, See Hurley v. Chavez, S. Rep. No. 83–1081, supra (Neal v. Steward); S. Res. 343, 72d Cong., 2d Sess., 76 note 28, at 75; Steck v. Brookhart, S. Rep. No. 69–498, Cong. Rec. 3544–45 (1933) (Hoidale v. Schall). and, hopefully, we can accomplish that supra note 24, at 2. 85 See S. Res. 142, 81st Cong., 1st Sess., 95 Cong. Rec. in a reasonable time and then move to 63 D. Tibbetts, supra note 38, at 60. 10321 (1949) (Sweeney v. Kilgore); S. Res. 141, 81st 64 See Durkin v. Wyman, S. Rep. No. 94–156, part 1, a vote. Cong., 1st Sess., 95 Cong. Rec. 10321 (1949) (Hook v. It is not my intention to utilize this supra note 29, at 35; Hurley v. Chavez, S. Rep. No. 83– Ferguson); S. Res. 234, 80th Cong., 2d Sess., 94 Cong. 1081, supra note 28, at 276. Rec. 6160 (1948) (O’Connor v. Kilgore). amendment as a means of delaying a 65 Hurley v. Chavez, id. at 55. 86 See S. Res. 194, 69th Cong., 1st Sess., 67 Cong. vote on the larger appropriations bill 66 Id. at 16. In the Sweeney v. Kilgore contest, 22 in- Rec. 7301 (1926) (Steck v. Brookhart). or specifically on the amendment that vestigators hired by the committee spent a total of 87 See, e.g., Senate Election Cases, supra note 5, at 333 7,006 man-days over a period of 18 months conduct- (Frank L. Smith, 1926–28); id. at 328 (William B. Wil- we adopted last evening, increasing ing field investigations. S. Rep. No. 81–802, supra son v. William S. Vare, 1926–29); id. at 283 (William funding for Parkinson’s research, an note 29, at 6. Lorimer, 1910–12). But see id. at 314 (Daniel F. Steck v. amendment I supported and worked to- 67 See Edmondson v. Bellman, S. Rep. No. 94–597, Smith W. Brookhart, 1925–26). gether with Senator WELLSTONE and supra note 29, at 27–50; Steck v. Brookhart, S. Rep. No. 88 See e.g., S. Res. 346, 72d Cong., 2d Sess., 76 Cong. 69–498, supra note 24, at 23–33. Rec. 5008 (1933); S. Res. 256, 69th Cong., 1st Sess., 67 others on this effort. I was pleased the 68 See Pritchard v. Bailey, S. Rep. No. 1151, 72d Cong. Rec. 12633 (1926); S. Res. 211 & 212, 69th Cong., Senate adopted my amendment related Cong., 2d Sess. 1 (1933); Hoidale v. Schall, S. Rep. No. 1st Sess., 67 Cong. Rec. 10563–64 (1926); S. Res. (un- to the whole area of medical research 1066, 72d Cong., 2d Sess. 6 (1933). numbered), 47th Cong., 1st Sess., 13 Cong. Rec. 2047 69 See Willis v. Van Nuys, S. Rep. No. 76–281, supra (1992); S. Res. (unnumbered), 46th Cong., 3d Sess., 11 so that we can commission a study note 56, at 2; Heflin v. Bankhead, S. Rep. No. 72–568, Cong. Rec. 1911–12 (1991). which would give us, before the next supra note 61, at 20–21. 89 See 79 Cong. Rec. 14449–50 (1935) (declining pay- appropriations and authorization cycle, 70 E.g., Sweeney v. Kilgore, S. Rep. No. 81–802, supra ment of attorney’s fees for contestant and a better idea of how we can direct re- note 29, at 18; Hook v. Ferguson, S. Rep. No. 801, 81st memorialists in Henyr v. Holt election contest). Cong., 1st Sess. 1 (1949); O’Conor v. Markey, S. Rep. 90 S. Res. 247, 94th Cong., 1st Sess., 121 Cong. Rec. search funds to achieve the greatest No. 80–1284, supra note 59, at 17; Steck v. Brookhart, S. 39861 (1975). good for the greatest number. Rep. No. 69–498, supra note 24, at 15; Bursum v. There are allocations currently made Bratton, S. Rep. No. 69–724, supra note 56, at 10. f 71 on the basis of who has the best lobby- See Hurley v. Chavez, S. Rep. No. 83–1081, supra RESERVATION OF LEADER TIME note 28, at 5. The Senate rejected the committee’s ing effort and perhaps who has the best recommendation and permitted Chavez to retain his The PRESIDING OFFICER. Under champion in the Congress. While I seat. the previous order, the leadership time 72 S. Rep. No. 94–156, part 1, supra note 29, at 1. don’t in any way mean to impugn the 73 S. Rep. No. 94–597, supra note 29, at 1–2. is reserved. motives of anyone here who is putting 74 Although the standard has not been expressly f their heart and soul into providing sup- stated by the committee in these terms, this would port for research on a disease that af- appear to be the most accurate characterization of DEPARTMENTS OF LABOR, the burden of proof that the committee has applied HEALTH AND HUMAN SERVICES, fects them or that they believe is im- in election contests. See, e.g., Wilson v. Vare, S. Rep. AND EDUCATION, AND RELATED portant and critical, I do think that in No. 47, 71st Cong., 2d Sess. 2 (1929) (‘‘it must be the interest of the widespread number found, not beyond a reasonable doubt, perhaps, but AGENCIES APPROPRIATIONS it must be the conviction of reasonable men, at ACT, 1998 of diseases that are currently under re- least, that the proof sustained the charges’’). search at NIH and other places and the 75 Pritchard v. Bailey, S. Rep. No. 72–1151, supra note The PRESIDING OFFICER. Under Federal funds that are used for that re- 68, at 1. the previous order, the Senate will now search, having a better understanding 76 O’Conor v. Markey, S. Rep. No. 80–1284, supra note resume consideration of S. 1061, which 59, at 14; Wilson v. Vare, S. Rep. No. 71–47, supra note of where we can best apply those dol- 74, at 5 (1927); Sweeney v. Kilgore, S. Rep. No. 81–802, the clerk will report. lars to achieve the breakthroughs that supra note 29, at 7. The assistant legislative clerk read can prevent the suffering and, hope- 77 at 18; v. S. Rep. No. 94– Id. Edmondson Bellmon, as follows: fully, provide the cures for a number of 597, supra note 29, at 22; Heflin v. Bankhead, S. Rep. A bill (S. 1061) making appropriations for No. 72–568, supra note 61, at 21; Senate Election Cases, these diseases is the direction we ought supra note 5, at 384 (In Sweeney v. Kilgore, the com- the Departments of Labor, Health and to go. We adopted that amendment last Human Services, and Education, and related mittee found that fraudulent ballots did not effect evening, and I am pleased the Senate the outcome of the election; therefore, the commit- agencies for the fiscal year ending Septem- tee recommended that the state-certified victor re- ber 30, 1998, and for other purposes. supported that. tain his seat.). This particular amendment is de- The Senate resumed consideration of 78 For example, in the Hurley v. Chavez contest, the signed to address a specific issue that the bill. committee adopted a number of evidentiary pre- relates to the utilization of human sumptions to govern its recount. Two examples are Pending: fetal tissue in research in a number of illustrative. The recount rules provided that, absent Gregg amendment No. 1070, to prohibit the direct or circumstantial proof to the contrary, any use of funds for national testing in reading neurological disease areas. There is a erasure marks on a ballot would be treated as made broader question of whether we ought by the voter and the ballot would be thrown out. On and mathematics, with certain exceptions. the other hand, where a ballot had been mutilated or Coats/Gregg amendment No. 1071 (to to utilize human fetal tissue and put had its secret number exposed, absent proof to the Amendment No. 1070), to prohibit the devel- restrictions on how that is sustained as September 4, 1997 CONGRESSIONAL RECORD — SENATE S8773 applies to neurological research in a rare, if not banned. For those who say sider that carefully before they cast whole number of areas—Parkinson’s, it ought to be legal, safe and rare, we their votes and not simply be caught diabetes, and there are a number of certainly would not be moving down a up in ‘‘this is anti-Parkinson’s, this other neurological traumas that this path that would allow us to limit abor- impedes Parkinson’s research, this has could apply to. However, this specific tions to only those that are most medi- nothing to do with abortion, this has amendment applies only to research in cally necessary. nothing to do with the fundamental Parkinson’s. Second, let me just say that the di- moral questions here.’’ I offer it because this is really the lemma that is posed is that the person We can address this and then save issue in terms of where we are applying who is responsible for the termination and reserve the greater debate in terms specific research and increase in re- of the life of the child is the very per- of utilization of human fetal tissue for search dollars, and we will leave the son who gives the consent for the use other neurological research at a time discussion as it applies to other neuro- of fetal brain tissue from that particu- when we are addressing that specific logical disease research areas to the lar child. It is not consent of the child bill. So that is the crux of the argu- NIH reauthorization bill or a more ap- for utilization of the tissue. The very ment, Mr. President. propriate time. But I believe it is rel- person who volunteers to have an in- I yield the floor at this particular evant to this particular issue because duced abortion gives consent for the point in hopes that we can move for- we are addressing the question of Par- utilization of fetal brain tissue for one ward to a successful resolution of this kinson’s research. who has no voice in that consent. I particular issue. Mr. President, I yield I will summarize the two arguments think that presents a real ethical and the floor. that I made last evening. One is that moral dilemma that each of us ought Mr. KENNEDY addressed the Chair. we really don’t have a pressing need to to contemplate before we cast our vote The PRESIDING OFFICER (Mr. AL- utilize human fetal tissue obtained in favor of the use of human fetal tis- LARD). The Senator from Massachu- through abortions other than human sue. setts. fetal tissue that is obtained through Third, I think there is a concern that Mr. KENNEDY. Mr. President, one spontaneous miscarriages and through we might be encouraging abortion by thing should be very clear in this dis- ectopic pregnancies. Because we have covering it with a veneer of compas- cussion. This is not a debate that pits available to us some information that sion. ‘‘After all, there is a benefit,’’ the those who are pro-choice against those indicates that there is a diminishing thinking goes. ‘‘There is a benefit to who are antiabortion. In fact, it is not viability of the utilization of human this abortion because the product of a debate about abortion at all. The fetal tissue for Parkinson’s research— the abortion can be used in alleviating issue is whether Americans suffering it hasn’t proved to be the promising human suffering.’’ from a host of dreaded diseases are breakthrough that we once thought it We all want to alleviate human suf- going to have the benefits of the best would be—there are alternatives to the fering. We all want to do everything and most ethical medical science pos- utilization of human fetal tissue, spe- that we possibly can to find a cure for sible. cifically cell engineering, specifically these diseases. And yet we have to be Though the Senator has targeted his utilization of animal fetal tissue, ge- confronted with the moral and ethical particular amendment on one particu- netic engineering, and some other al- dilemma of the possibility of the abor- lar disease, there is a broader issue ternatives. tionist, the person encouraging the that is raised and that ought to be con- Second, there are more promising abortion, covering the fundamental un- sidered, because if we accept it for this areas of research that don’t involve derlying question about the life of a disease, it is going to be accepted obvi- human fetal tissue at all, that involve child by saying, ‘‘Well, after all, we can ously for the other diseases of which brain implants, that involve a number mitigate your concerns because look at this process, this procedure is applica- of other research areas which I could the good that it will do, the side bene- ble. detail, but I did last evening and I fit of the good that it will do.’’ Ulti- Mr. President, let us review the won’t do that again. mately that is a question that is a record. And there is an extensive More importantly, however, than the great question that ought to be pon- record because the Senate has already question of whether or not this is even dered by each of us before we just sim- voted on this issue a number of times necessary to continue significant and ply say there is a great benefit to this and spoken decisively in favor of ethi- important human fetal tissue in Par- fetal tissue research. cal, controlled, scientifically valuable kinson’s research, more importantly So on the narrow question of whether fetal tissue research. and most importantly, there are ethi- or not fetal tissue is necessary for sig- In 1988, a Reagan commission, a cal considerations that I believe ought nificant Parkinson’s research, I think panel of experts consisting of to give us significant pause before we we have answered the question in say- theologians, scientists, legal experts, just simply allow the utilization of ing it isn’t. There are alternatives ethicists, and pro-life activists studied human fetal tissue research. available and there are many more this issue extensively and voted 18 to 3 A number of moral and ethical ques- promising areas of research that can to lift the moratorium on fetal tissue tions have been raised, and I raised lead us to breakthroughs in Parkin- transplantation research. those last evening. I think Members son’s research. In 1992, both the House and the Sen- ought to consider those, particularly And on the question of the moral, ate overwhelmingly approved bills to those who perhaps don’t have a per- ethical dilemma, we can address that lift the moratorium. The vote in the sonal concern about the utilization of dilemma, particularly in this specific Senate was 87 to 10. This legislation fetal tissue research. It ought to be narrow area, by not allowing the use of was vetoed by President Bush. considered by them particularly since human fetal tissue research with the Again in 1993, the Senate voted to ap- we have alternatives that allow us to exception that the research can go for- prove fetal tissue funding for this vital address this problem without utiliza- ward with fetal tissue obtained from research. That vote was 93 to 4. tion of human fetal tissue for this re- spontaneous abortions or fetal tissue Each of these votes was preceded by search. If medical research becomes de- obtained from ectopic pregnancies. exhaustive debate, careful consider- pendent on widespread abortion—and So it seems to me that we have ad- ation of all the issues and concerns as- this is a concern because if human fetal dressed this issue in a way that allows sociated with fetal tissue research. tissue is determined to be effective in the research to go forward, utilization Each time the support for and recogni- treatment, when we look at the whole of alternatives other than induced tion of the need for this research was widespread area of neurological re- abortions, on a voluntary consent overwhelming. Over the last decade, search, we are talking of potentially basis, and in ways that will not present opponents of fetal tissue research have utilization of fetal tissue of up to 20 us with this horrible ethical and moral attempted to create a connection be- million fetuses. That presents a dilemma that I think deserves great tween abortion and fetal tissue testing. wrenching dilemma for those of us, and consideration before Members vote. The use of fetal tissue in medical re- I think that is most of us in this body, That is the crux of the dilemma that I search cannot and should not be associ- who believe that abortion ought to be have presented. I hope Members con- ated with the abortion issue. Past and S8774 CONGRESSIONAL RECORD — SENATE September 4, 1997 present supporters, pro-life and pro- use of tissue. See GAO Report, March 1997. blindness, Huntington’s disease, can- choice alike, have clearly stated that Thus, contrary to Senator Coats statements cer, birth defects, multiple sclerosis, fetal tissue research is a medical, not a there is no evidence of changes in the abor- and conditions causing intractable moral, issue. tion procedure in any instance at all. pain, are the direct result of fetal tis- Sincerely, Many of my antiabortion colleagues, sue research conducted on Parkinson’s JOAN L. SAMUELSON, J.D., including Senator Dole and Senator President. disease. If this amendment is adopted THURMOND, spoke in support of fetal Mr. KENNEDY. We also heard allega- on this disease, it will be readily ap- tissue research during the 1992 debates. tions that providers were altering the plied to those as well. Any attempt to turn back the They, like many others, recognized methods of abortion to obtain tissue progress made in this area by placing that supporting this research is the suitable for research purposes, thereby restrictions on Parkinson’s research true pro-life position because it offers putting women’s health at risk. hope and a chance for a better life to NIH guidelines provide that ‘‘no will jeopardize further advances in the individuals suffering from such terrible abortion should be scheduled or other- treatment of these conditions. These afflictions such as Parkinson’s disease, wise accommodated to suit the require- setbacks and delays will lead to unnec- Alzheimer’s disease, cancer, birth de- ments of research.’’ To do so would be essary suffering for the millions of fects, and spinal cord injuries. a clear violation of the safeguards that Americans afflicted with illnesses that Yesterday, we heard a number of ar- Congress enacted into the law. are currently benefiting from Parkin- guments against this research. And I As part of its 1997 study of adherence son’s research. Make no mistake about would like to review and respond to to these and other guidelines to assure it, if the fetal tissue research is banned these arguments for the benefit of my that the research was conducted ethi- for Parkinson’s disease today, it will be colleagues because they are based on a cally, the GAO contacted the NIH’s Of- banned for every other disease tomor- misunderstanding of the facts. fice of Protection from Research Risks row. Every time this issue has been put to First, we heard that fetal tissue re- as well as the institutional review the Senate, it has spoken strongly in search was no longer needed for the boards of each of the institutions con- favor of ethical, scientific, promising study of Parkinson’s disease. Informa- ducting fetal tissue research and found medical research that offers hope to tion from the Parkinson’s Action Net- that no violations of tissue donation millions of Americans. I urge the Sen- work was cited in support of these restrictions had been reported or de- ate to reaffirm that commitment by re- claims. I have today a letter from the tected. None. jecting the pending amendment. Parkinson’s Action Network correcting My staff called NIH this morning to Mr. President, I will take just a mo- the RECORD. The letter states that fetal verify that no violations have been de- tissue transplant research shows tre- ment of the Senate’s time to review tected or reported since the GAO study the set of eight requirements that were mendous promise. In fact it shows such was completed, and we were told that promise that persons currently af- established in the 1993 legislation. there were none. First, informed consent of the donor flicted with Parkinson’s are looking to Concern was also expressed that the must be obtained. Each woman must the research as a likely source of major success of fetal tissue therapies would sign a written statement that she is therapeutic benefit to them—if the re- create an economic link between abor- donating fetal tissue for research with- search is not halted. tion providers and the research com- out knowing who the recipient will be. The letter further states that alter- munity. Again, I point to the NIH safe- Second, the physician obtaining the native sources of cells, such as geneti- guards which prohibit the purchase of tissue must make a written statement cally engineered cells, pig cells, and fetal tissue. Since no economic incen- declaring that consent for the abortion stem cells, may eliminate the need for tives exist for abortion providers, it is was obtained prior to the consent of cells from abortions to be used in the impossible to create an economic link the donation and that the abortion was future. At the present time, however, it between providers and the research not performed solely for the purposes is vital that the research be allowed to community. of obtaining the tissue. continue so that the therapy and the This issue has been debated and de- Third, the researcher using the tissue alternative cell sources can be devel- bated. Each time the opponents of the must sign a statement acknowledging oped at the same time. research have tried to argue that fetal that the tissue is human tissue and Mr. President, I ask unanimous con- tissue research will somehow stimulate that it was obtained from an induced sent that the letter be printed in the abortions. Each time these arguments abortion or stillbirth. He or she must RECORD. have ignored the extent of safeguards also agree to inform all subsequent There being no objection, the letter built into the law and regulations to users or recipients of those facts. was ordered to be printed in the assure that there is no link between Any recipient of transplanted tissue RECORD, as follows: the decision to have an abortion and must sign a statement indicating that PARKINSON’S ACTION NETWORK, the decision to allow fetal tissue re- he or she is aware that the transplant September 3, 1997. search to be conducted. Each time tissue is human tissue and that it was Hon. EDWARD KENNEDY, these arguments have been rejected by obtained from an induced abortion or a U.S. Senate, the Senate and the American public. stillbirth. Washington, DC. The preservation and enhancement of DEAR SENATOR KENNEDY: Senator Coats’ Each agency head must certify that remarks have cited the Parkinson’s Action life is the foundation of this research. copies of all signed statements will be Network’s fact sheets, but by taking them Fetal tissue research and transplan- available for audit by the Secretary of out of context twisted their message. The tation are not just clinical abstrac- HHS. following is the case: tions, they are transforming the lives Recipients of funding for research Fetal tissue transplant research shows tre- of Americans every day. must agree to conduct research in ac- mendous promise (see attached memo). The A 55-year-old man who suffered with cordance with applicable State laws. research in fact shows such promise that per- Parkinson’s disease for more than 20 HHS must submit an annual report sons currently afflicted are looking to the years and had lost much of his mobil- research as likely to be a major therapeutic to Congress detailing compliance with benefit to them—if the research is not ity is now able to climb mountains. A these requirements. stopped. 58-year-old woman suffering from the And the purchase of fetal tissue is The alternative sources of cells, such as ge- disease for 14 years used to begin her prohibited and no donated tissue can be netically engineered cells, pig cells and stem day by literally crawling to take her transplanted into a recipient specified cells, will prevent the need for aborted tissue first dose of medication. She is now by the donor. to be needed in the future. At this point, able to ski and play tennis. These were guidelines developed by however, it is vital that the research be al- The benefits of fetal tissue research theological, ethical, and religious peo- lowed to continue, so that the therapy can be are not limited to Parkinson’s disease. ple, as well as researchers. And we have developed and the alternative cell sources developed at the same time. Recent breakthroughs in the study of the GAO study. And I will include the There is not one reported violation of the treatments for a host of other diseases relevant parts of this study that was ethical protections separating the abortion and conditions, including diabetes, Alz- conducted by the NIH reviewing this decision and the abortion procedure from the heimer’s disease, spinal cord injuries, particular program from 1993 to 1997. September 4, 1997 CONGRESSIONAL RECORD — SENATE S8775 And as the results say—I am directly mention the others who may well get it medical doctor who is executive vice quoting ‘‘Results in Brief’’—‘‘There’s as a result of this amendment, because president and CEO of the California been no reported violations in the ac- this amendment would stop the Medical Association, the largest State quisition of human fetal tissue for use progress on fetal tissue research in ref- medical association in the Nation, in transplantation according to NIH erence to Parkinson’s disease. The pro- which has over 38,000 physicians. Dr. and our verification efforts.’’ hibition in this amendment eliminates Lewin stated: By just reviewing this report, and I medical research, which shows signifi- Research involving the use of human fetal will not take the additional time un- cant promise of treatment or preven- tissue is responsible, high-integrity research. less there are further questions about tion of this tragic disease. Using human fetal tissue to find cures for or it, there is a very clear indication that Let’s take a moment to talk about to alleviate the symptoms of diseases such as the guidelines that have been estab- Parkinson’s disease and the real people Parkinson’s disease is a life-giving proce- lished in the 1993 legislation have been it affects. According to the NIH, al- dure. conformed with. It does not say there most 1 million people suffer from Par- Mr. President, I repeat that: ‘‘Using have been some violations. It does not kinson’s disease in the United States human fetal tissue to find cures for or say there is an increasing number of alone, with about 50,000 new cases re- to alleviate the symptoms of diseases violations. It does not say that the ported each and every year. There is a such as Parkinson’s disease is a life- GAO recommends further congres- myth out there that the symptoms giving procedure.’’ sional action. It says there have been begin appearing very late in life. That We are giving life with this proce- no violations, none, in 1997. is not so. The symptoms begin fairly dure. Why would we vote to take away Mr. President, at a time when there early in life, sometimes in the life by going back to the eighties when have been extraordinary opportunities twenties, thirties, and forties. The av- we had a ban on this because of poli- for progress in treating Parkinson’s erage age of the disease is 57. I, myself, tics? There is no place for that in this disease and so many other diseases and know several middle-aged mothers debate. conditions, and with the kind of pro- with children who suffer from this dis- Dr. Lewin said that the California tections that have been agreed to by ease. Medical Association promotes all le- ethicists, those religious and research The hallmark symptom of Parkin- gitimate research, including research panels investigating the utilization of son’s disease is the shaking or trem- involving fetal tissue. He continues: this type of material, and with all of bling of a limb, and in the later stages, It is important to dispel the myth that this the hope and opportunity this provides a slow shuffling walk and stooped pos- research promotes abortion. This is not the to so many American families in ad- ture, not to mention the effects on case. On the contrary, research involving dressing some of the most prominent speech. I know one Parkinson’s victim fetal tissue promotes the healing of crippling ailments suffered by mankind, to try who actually has to crawl around his diseases. This research shows promise and needs to be pursued. and restrict fetal tissue research in home—a proud, professional man who Parkinson’s disease and in other areas has to crawl around his home. The only Now, on the issue of abortion, I am would be a dramatic and a serious mis- hope he has, because he has told me going to refer to the history of this take and would have a very significant this, is fetal tissue research. This man issue where in 1991 and 1992, there was and, I believe, grave impact and effect has a family. This man has grand- legislation passed which directly con- on the research and the opportunity for children. They are watching this de- fronted this ethical and moral issue important progress in helping to re- bate and they are praying that we will which Senator COATS talked about lieve the pain and anxiety associated reject this amendment. today. He says we must confront this with these various diseases. Will we deny these people the possi- ethical and moral issue. He is right. We I yield the floor. bility of a healthier life, which may did do that. We did do that in 1991 and The PRESIDING OFFICER. The Sen- well result from fetal tissue research, 1992. Let’s discuss what is in place ator from California. which is already showing great prom- today in terms of the moral and ethical Mrs. BOXER. Mr. President, I want ise, as Senator KENNEDY has said? Will issues of abortion and fetal tissue re- to thank the Senator from Massachu- we deny these people hope? Will we do search. setts for laying out the case as to why harm today to these people when we First, a woman may not be ap- the Coats amendment ought to be de- have not yet found a cure for Parkin- proached for consent to donate the feated. son’s? I certainly hope not. aborted tissue until after she has made I also want to thank Senator PAUL I received a letter yesterday from the decision to have an abortion. So, WELLSTONE for working so hard on this two medical doctors at the Parkinson’s no woman can be told this prior to her issue. He shared with me some very im- Action Network in Santa Rosa, CA. decision. portant information from the Parkin- They emphasize the tremendous need Second, the donor may never be paid son’s Action Network, which also lays to be able to continue to use fetal tis- for donation of the tissue. It is out- out the case in a very clear-cut way, by sue in their fight against Parkinson’s lawed. No one can get a single penny people who really know about what it disease. Let me read from these physi- for donating fetal tissue. is like to have this disease and how cians. They know what they are talk- Third, the donor may not designate devastating it would be if the ban on ing about. who will be the recipient of the tissue, fetal tissue research was put back into Neural cell transplantation using fetal tis- nor ever be informed of the recipient’s law. sue has greatly advanced our understanding identity. For 8 years there was a ban on this of ways to replace degenerating cells in the This is not a question where, say, a research under the Reagan and Bush brain. From this work, in addition, alter- daughter says, ‘‘I will become preg- years. Finally, that ban was lifted, and natives to fetal tissue may be developed. To nant, have an abortion and let my fa- close off arbitrarily any particular area of ther regain the use of his life.’’ This we are seeing hope for many, many investigation is potentially to retard people all over this country. We really progress across a broad front by many cannot be done. cannot go backward now. months, perhaps many years. I think what is very important to I have said often on this Senate floor They continue: know is that if you violate this law, in relation to health issues that come The ban on fetal research during the 1980’s you could be punished by 10 years in a before the Senate that when we act, we was a crippling blow to progress in many Federal prison. We had a report and the ought to act to improve the health of areas, including Parkinson’s disease, Hun- report came back: ‘‘There have been no the American people. But at the mini- tington’s and Lou Gehrig’s disease, spinal violations in the acquisition of human mum, Mr. President, we should do no cord injury, and diabetes. fetal tissue research for use in trans- harm. At the minimum, when we take These doctors are telling us don’t go plantation.’’ a vote around here, we should make back to the eighties, don’t go back to So when Senator COATS talks about sure we are not hurting people. the years where we stopped this impor- confronting the ethical and moral is- I think the Coats amendment would tant research. sues, those issues were confronted in definitely hurt people, a million people Mr. President, I will share with you 1991 and 1992, and the Research Free- who have Parkinson’s disease, not to the comments of Dr. Jack Lewin, a dom Act clearly addresses this issue. S8776 CONGRESSIONAL RECORD — SENATE September 4, 1997 There has been no violation at all. If I want to bring back the words of from people who have Parkinson’s dis- all of our laws were so effective, I South Carolina Senator STROM THUR- ease. Some are pro-choice. Some are think we would be very proud. MOND that he spoke on this Senate anti-choice. They know that issue was Let me offer a specific example of floor in 1992 when he urged this body to addressed in 1991 and 1992. They know how doctors are using fetal tissue to lift the ban on fetal tissue research. He that the only hope they have is for the improve people’s lives. Good Samaritan said, ‘‘We cannot afford to lose this op- doors of research to continue to be Hospital in Los Angeles was one of the portunity to develop a cure.’’ open. first hospitals in the country to offer a The Senator was speaking in ref- I am so pleased that we will be spend- new, promising surgical procedure erence to his daughter Julie, who has ing more on Parkinson’s disease. I using fetal tissue transplants. Many of diabetes. He stated, ‘‘As a parent of a want to see us double the research at the patients who received this proce- diabetic, I have a personal appreciation NIH. And I have joined with Senators dure did so only after one of the most for the urgent need for a cure.’’ Those MACK, SPECTER, DURBIN, and others to common drugs was no longer effective were Senator THURMOND’s words back make that a reality. in helping their illness and their symp- then. The enemies we face are right here at toms had worsened, some to the point No doubt this sentiment is shared home. We fear that a loved one will get where they compared their conditions today by the parents, siblings, and cancer. We fear that a loved one will to rigor mortis—in other words, total children of those suffering from serious get AIDS. We fear that a loved one will stiffness and inability to move. debilitating diseases such as Parkin- fall ill. We fear that we are going to Today, the vast majority of the more son’s disease. lose our parents to Alzheimer’s. These than 40 Parkinson’s patients who have Senator COATS said we are only stop- are legitimate fears, and these are le- undergone the procedure at Good Sa- ping the fetal tissue research for Par- gitimate areas for the Federal Govern- maritan have experienced moderate to kinson’s disease. Yes, that is on this ment to be involved in. substantial improvements in their con- bill. What is the next one going to be? I will say this. When Senator COATS dition. This is a life-giving procedure. Alzheimer’s? What is the next one says we have to confront ethical and This procedure gives life, gives move- going to be? It is not a good precedent. moral issues, he is right. But what I ment to people. The issue of abortion is We took care of this issue. Anti-choice don’t understand is why he isn’t proud addressed in the Research Freedom Act politics should not get into this debate. of the Research Freedom Act, which and has been confronted and not one This is not about choice. It is about does, indeed, protect against people violation has occurred. We should be health. We addressed the issue. Let’s saying, ‘‘Well, I am going to get an proud, all of us together. move on. abortion because I can get money for According to Dr. Oleg Kopyov, more I am going to quote again from Sen- this fetal tissue,’’ when, in fact, that than 70 percent of the patients who got ator THURMOND, whose words 5 years has never happened. That cannot hap- this transplant have shown ‘‘statis- ago captured the essence of the issue pen. And it will not happen as long as tically significant improvement’’ on before us today, when he stated: we keep the Research Freedom Act in standard neurological tests. The other This is not a debate about abortion. This is place. And there is not one Member of 30 percent are now taking 20 to 40 per- a debate about allowing federally sponsored this Senate that I know of who isn’t a cent less medication. None of the pa- research that will serve humanity and may strong supporter of that. save thousands of lives. Passage of this bill tients’ Parkinson’s symptoms have So, Mr. President, today we have a worsened following neurotrans- [to allow fetal tissue research] should im- prove the quality of life for many people million Americans with Parkinson’s plantation. watching the debate, and we have mil- Do no harm. We should do no harm. with devastating diseases and disabilities. Supporters of this amendment may lions of other Americans with other The Coats amendment does harm, di- diseases and families who love and rect harm, to good Americans, and it argue that fetal tissue research could still continue if this amendment were adore these family members hoping takes away hope from a million people that we will not take a step backward. with Parkinson’s in America. Said hos- passed, as the ban would not apply to tissue obtained from spontaneous abor- I have faith that we will not do so. pital neurosurgeon Dr. Deane Jacques: I hope that we will vote down the We are proud to be in the forefront of tions or ectopic pregnancies. But, Mr. President, we have heard Coats amendment. I hope we will con- treatments like neurotransplantation, which tinue the progress. I hope we will all clearly have enhanced patients’ quality of this argument before. It remains as life. weak as ever. Doctors have addressed continue to support the Research Free- dom Act so that we can feel we did ev- Yet another example of the tremen- this issue in earlier debates, and have erything we could to ensure that this dous effects and great potential of this stated that tissue from spontaneous research is ethical. research comes from Colorado. A pro- miscarriages is often diseased and is fessor at the University of Colorado difficult to collect in a safe and timely Thank you very much. Health Sciences Center, who is con- fashion to preserve the viability of the Mr. President, I yield the floor. ducting a study using fetal tissue, de- cells. The same applies to ectopic preg- Mr. COATS addressed the Chair. scribed the incredible effects on one nancies, which produce tissue that is The PRESIDING OFFICER. The Sen- participant earlier this year. He is likely to be non-viable due to the lack ator from Indiana. quoted as saying: of blood supply. Mr. COATS. Mr. President, let me We have a woman who could never walk So, really, we addressed this issue be- make two points. One is that I don’t prior to taking her first dose of drugs in the fore. There has not been one violation. need to be reminded by the Senator morning. Now she can walk before her first A woman may not be approached for from California about the ravaging ef- dose of drugs, and has resumed playing ten- consent to donate the aborted tissue fects of Parkinson’s disease, having nis. A typical transplant patient cuts until after she has made the decision to watched my grandfather suffer and die the drug by 40 to 50 percent. make the abortion. The donor may from Parkinson’s, and having watched Why would we inject ourselves into never be paid for donation of tissue, my father suffer and die from com- this important nonpolitical health and the donor may not designate the plications from Parkinson’s. I am well issue when, in fact, the issue of abor- recipient of the tissue. A GAO study re- aware of the debilitating nature of Par- tion has been successfully addressed in ports not one violation. And if there is, kinson’s disease. I think many of us the Research Freedom Act? I cannot someone is going to jail for 10 years. have had personal experiences with understand why this amendment is be- The issue has been addressed. that. I have not mentioned that before. fore us. Mr. President, doctors have made sig- But I think the implication is that if Mr. President, these are significant nificant progress toward understanding one truly understood Parkinson’s, you results of helping people. Why would and treating serious debilitating dis- couldn’t begin to support the Coats we even consider closing the door on eases, such as Parkinson’s disease, amendment. I think I truly understand this promising life-giving research? We through research involving fetal tissue. Parkinson’s and what it does and how make progress in research by opening But we are not there yet. I know that it affects an individual, how it affects doors, not by closing doors. my phone has been ringing off the hook family and loved ones. There is the September 4, 1997 CONGRESSIONAL RECORD — SENATE S8777 very real possibility that it is geneti- Mr. HARKIN addressed the Chair. plantation, so that when a therapy is avail- cally induced and that I may go The PRESIDING OFFICER. The Sen- able to the public, it will not be dependent through the same experience. ator from Iowa. on elective abortions. Several alternatives Second, let me just state for those Mr. HARKIN. Mr. President, I yield are in development, including use of porcine myself such time as I may consume on (pig) cells, stem cells and genetically engi- who suggest that there is no hope for neered cells. the millions of Parkinson’s sufferers, this issue. Mr. President, this amendment is an The research is also providing valuable in- there is great hope for the millions of sights into the fundamental issues of Parkin- Parkinson’s sufferers. There is hope be- attempt to revisit an issue that has son’s cause. For example, the transplanted cause, No. 1, fetal tissue research can been settled and should remain settled. cells do not appear to be affected by the un- continue if the Coats amendment is It attempts to reverse a decision sup- derlying disease process: While the original adopted. I do not deny research utiliz- ported by both pro-choice and pro-life cells continue to degenerate, the trans- ing human fetal tissue through this Senators alike. The last time this body planted ones do not continue to degenerate. This fact is giving essential clues into the amendment. I simply say that that voted on this issue, the vote was 93 to 4. nature of the cause and disease process. fetal tissue cannot be obtained through The transplanted cells are proving more induced abortions. It can be obtained The ban on fetal tissue research was lifted 4 years ago. Since that time, the and more effective at treating Parkinson’s through spontaneous abortions, mis- symptoms. A few transplant patients are NIH has awarded over $23 million in carriages, or ectopic pregnancies. now off medication and symptom-free—a But, second, there is hope because grants for research involving the dramatic change. study, analysis, and use of fetal tissue. there are so many viable, wonderful al- Mr. President, I ask unanimous con- This research holds the potential to ternatives that are now being re- sent that the entire text of the Sam- provide tremendous advances in the searched which offer far more promise uelson letter be printed in the RECORD. treatment of debilitating conditions than the fetal tissue research. If you There being no objection, the mate- want to continue fetal research—and it such as Parkinson’s, diabetes, Alz- heimer’s, Huntington’s, epilepsy, blind- rial was ordered to be printed in the probably should be continued—that RECORD, as follows: fetal tissue can be obtained through ness, multiple sclerosis, leukemia, and PARKINSON’S ACTION NETWORK, sources other than human fetal tissue. a host of other illnesses. The issue of fetal tissue research has Washington, DC, September 3, 1997. In fact, it is much more promising now been debated, as I said, and legislated Hon. EDWARD KENNEDY, using animal tissue. There are a num- by the Congress. The Senate voted 93 U.S. Senate, Washington, DC. ber of alternatives being explored, both DEAR SENATOR KENNEDY: For decades, de- to 4 that the benefits of this research through the use of cell engineering spite the eight-year ban on federal support far outweigh the unsubstantiated fears techniques, genetic engineering, and for the research, significant progress has and concerns that it would lead to in- other developing cell lines. been made in the therapeutic benefit of cell creases in abortions. There are also alternatives outside transplants, including the following: The bill enacted in 1993 established Major progress has been made in confirm- tissue research that hold some prom- rigorous standards to safeguard against ing the neural cell transplant process works. ise. Perhaps the recent discovery of a any potential that the needs of re- In the last two years, post-mortem review of gene that has an effect on Parkinson’s, searchers would affect individual deci- transplanted cells has proven that the trans- which perhaps is the cause of Parkin- sions about abortion. Those safeguards planted cells can take hold in the host brain son’s, albeit for a percentage of people and produce dopamine. are in place and they are working. In and not for all the people, offer hope. Major progress has been made in develop- 1997, a GAO study of the safeguards re- So there is great hope. There is great ing an alternative source of tissue for trans- ports that ‘‘the act’s documentation promise in Parkinson’s research. And plantation, so that when a therapy is avail- requirements were met’’ and that there able to the public, it will not be dependent nothing in this amendment denies that have been no reported violations in the on elective abortions. Several alternatives hope, denies that promise. acquisition of human fetal tissue for are in development, including use of porcine So I think Members need to under- use in transplantation.’’ (pig) cells, stem cells and genetically engi- stand when they are voting for the These safeguards were not written neered cells. Coats amendment that it is a way to specifically to address research involv- The research is also providing valuable in- preserve and continue Parkinson’s re- sights into the fundamental issues of Parkin- ing Parkinson’s disease, but all re- son’s cause. For example, the transplanted search. But it is done so in a way that search using fetal tissue. There is no avoids what I think is a potential sig- cells do not appear to be affected by the un- need to revisit this debate as it relates derlying disease process: while the original nificant, ethical, and moral dilemma in to research on Parkinson’s. The re- cells continue to degenerate, the trans- terms of utilizing human fetal issue search being conducted today with planted ones do not. This fact is giving es- without the consent of the person giv- fetal tissue is also providing new tech- sential clues into the nature of the cause and ing the tissue. niques such as specialized cell lines and disease process. The very person who makes the deci- The transplanted cells are proving more genetically engineered cells. In fact, sion to terminate that life is not the and more effective at treating Parkinson’s the development of these new tech- person who gives the consent to utili- symptoms. A few transplant patients are nologies may well eliminate the need zation of the tissue. That is a moral now off medication and symptom free—a dra- for using fetal tissue for research pur- and ethical dilemma that I think is im- matic change. Although the first clinical poses in the future. trials are still ongoing, initial results indi- portant for us to explore. Mr. President, yesterday I received a cate that even in these initial experimental So for those two reasons, I think the letter from Joan Samuelson, president stages the typical patient is able to reduce Coats amendment is more than a rea- of the Parkinson’s Action Network. It medication dramatically—thereby also re- sonable amendment. I hope my col- ducing the related side effects—while also was addressed to Senator KENNEDY and significantly lessening Parkinson’s symp- leagues will support it. others. I would like to read for the With that, I yield the floor. toms. RECORD what she had to say. Her letter Mr. CRAIG addressed the Chair. The Parkinson’s research has created a re- starts: The PRESIDING OFFICER. The Sen- search base which is now being used for im- ator from Idaho. For decades, despite the eight-year ban on portant research using neural cell transplan- federal support for the research, significant tation to treat many other diseases and dis- Mr. CRAIG. Mr. President, before the progress has been made in the therapeutic orders including diabetes, spinal cord injury, debate goes any further, I ask unani- benefit of cell transplants, including the fol- blindness, Huntington’s disease, intractable mous consent that a vote occur on or lowing: pain, Alzheimer’s disease, cancer, birth de- in relation to the pending amendment Major progress has been made in confirm- fects and Multiple Sclerosis. at 12 noon today, and that the time be- ing the new neural cell transplant process Sincerely, tween now and noon be equally divided works. In the last two years, post-mortem JOAN I. SAMUELSON, J.D., in the usual form with no amendments review of transplanted cells has proven that President. the transplanted cells can take hold in the Mr. HARKIN. Mr. President, the let- in order prior to the 12 noon vote. host brain and produce dopamine, thereby The PRESIDING OFFICER. Is there replacing the dopamine in the body. ter points out that we are making objection? Major progress has been made in develop- progress, that we are discovering new Without objection, it is so ordered. ing an alternative source of tissue for trans- things. Now is not the time to revisit S8778 CONGRESSIONAL RECORD — SENATE September 4, 1997 this issue. This issue has been settled NIH, had no objections to the amend- have seen it validated by science. The and I believe we ought to leave it ment. development of children’s learning alone. As we have said, the studies So I am maybe a little bit surprised skills depends upon the child’s expo- have shown that the safeguards we put that others are opposing this amend- sure to language in the earliest years. in place are working. No violations ment as aggressively as they are. I What we do to encourage and stimulate have been encountered, and I believe urge my colleagues to support the literacy, reading ability, communicat- the best course of action is to stay the Coats amendment. I think it is a good ing ability, in very young children, is course that we have had since 1993, and, amendment. I regret that it is needed, going to provide the basis of their suc- of course, I think at the appropriate but it is needed. I think it is impor- cess later in life. time there will be a motion made to tant. I do not think we as a country When you come to think about it, table the Coats amendment. And I urge want to have a national policy allow- reading is the basic skill. Learning to all Senators to support that motion to ing abortion mills to kill unborn chil- understand, to read and communicate table and to continue what we have dren and use their body parts for medi- is absolutely essential, particularly as been doing since 1993 in providing for cal research. That is a serious issue. we live in a complex society. Most of us fetal tissue research but with adequate That is what we are voting on. So I think about reading and learning as safeguards to ensure that unintended urge my colleagues to vote in favor of part of the economic process of getting consequences do not happen because of the Coats amendment. a job. I can tell you that my experi- this research. Mr. President, I yield the floor and ences in job training in the years when Mr. President, I yield the floor. I sug- suggest the absence of a quorum. I was Governor reemphasized the im- gest the absence of a quorum. The PRESIDING OFFICER. The portance of that. In my second term as The PRESIDING OFFICER. The clerk will call the roll. Governor we had an on-the-job training clerk will call the roll. The legislative clerk proceeded to program for industries expanding in The legislative clerk proceeded to call the roll. Missouri and creating new jobs. I will call the roll. Mr. BOND. Mr. President, I ask unan- never forget visiting one facility where Mr. NICKLES. Mr. President, I ask imous consent that the order for the they were installing sophisticated com- unanimous consent that the order for quorum call be rescinded. puter-assisted manufacturing systems. the quorum call be rescinded. The PRESIDING OFFICER. Without They were very complicated. You had The PRESIDING OFFICER (Mr. objection, it is so ordered. to understand a lot of science to do the BURNS). Without objection, it is so or- Mr. BOND. Mr. President, I ask unan- job well. And these jobs were extremely dered. imous consent to speak on the bill and high-paying jobs. As a matter of fact, Mr. NICKLES. Mr. President, I ask not have the time charged to either one of the workers in one of those jobs, the Senator from Idaho for such time side on this amendment. working a 2,000-hour year, would earn as I need. Mr. COATS. Mr. President, I yield to more than the Governor of Missouri Mr. CRAIG. No objection. the Senator from Missouri such time as would have at that time. The science The PRESIDING OFFICER. Without he requires. had all developed since I last opened a objection, it is so ordered. Mr. BOND. Mr. President, I thank the science textbook in college. Mr. NICKLES. Mr. President, I rise acting manager of the bill. They had a 6-week training program in support of the amendment of the The PRESIDING OFFICER. The Sen- for these workers. Four of the weeks Senator from Indiana [Mr. COATS] to ator from Missouri. were devoted to teaching these workers prohibit the use of Federal money to Mr. BOND. Mr. President, I thought, to read, because so many of them had conduct research using fetal tissue on as children are going back to school not learned the basic reading and un- Parkinson’s disease, fetal tissue that is across the country and in our States, derstanding skills in school. The prize produced from elective abortion. The we ought to take a few moments to there was demonstrable; the prize was Coats amendment exempts sponta- think about the education they are re- visible. If you could read and under- neous abortions, exempts ectopic preg- ceiving and how we as parents, not just stand, you could operate one of these nancies. But really the thrust of his in our role as legislators, can make a machines and earn more than the Gov- amendment is that we do not want to real difference in how our children de- ernor of Missouri was earning. And turn abortion clinics into mills produc- velop. there is no question, as I talked to em- ing tissue that is used for research. The truth is, we have come to know ployers around the State, they are I support his amendment. I do think the foundations of learning begin long looking for and begging for workers. it is immoral to use fetal tissue from before a child ever gets to school. Ba- But the workers have to be able to read elective abortions for medical research. bies from birth to age 3 years old are and understand complicated instruc- I think occasionally we have to make learning fundamental language skills tions, because the tasks that the work- moral statements. Do we really want at this time. Research tells us that 50 ers will be called on to perform, now to allow abortion clinics to harvest percent of a child’s mature learning in- and in the years ahead, are rapidly material to be used for research in telligence develops by the time that changing. They are changing with whatever disease? In this case it is Par- child is 3 years old. We can play a very technology. And the people who are kinson’s disease. Do we really want large role in determining how success- doing the work have to learn to read that to happen in this country? ful that learning function is. We do and understand the changed instruc- We had a prohibition on it for years. this by reading to children even before tions. It was not done for years. Now some they are old enough to hold a book. We So, reading is a fundamental skill, an people think that maybe it would be a do this by talking to them. We do this absolutely essential skill to get ahead good idea. Tissue can be harvested, can by interacting with them. economically. But we ought not to be used if the abortion is spontaneous, Over the August recess I traveled focus ourselves just on the economic but not in the case of elective abor- around the State of Missouri, focusing side. To be an informed citizen, to par- tions. Do we want to have a situation on the issue of literacy and working ticipate in our democratic form of gov- where an individual goes in and kills a with young children who were in pre- ernment, requires that people read, be human being, although not yet born, school classes or, in Missouri, in our able to understand all the messages maybe up into the eighth month of Parents as Teachers Program. I found that are coming to them. Reading pro- pregnancy, kill that unborn human it to be a very exciting, a very interest- vides the basis for communicating and being and use that human being’s cells ing, and a rewarding experience, and getting along in the world in many for medical research? I do not think so, one that I hope we can show—all of us, other ways—in social activities, in and I do not think we should fund it. as colleagues, as others who are con- community activities. So, literacy The Senator from Indiana should be cerned—is a very rewarding activity really is the fundamental basis, the complimented for his amendment. I for the parents. foundation for knowledge and for de- wish that this amendment was not nec- We have always thought that early velopment of well-informed, well-at- essary. I heard yesterday that NIH or childhood was a key learning time. tuned children in our communities, in someone has alluded to the fact that That is common sense. But now we our States and in our Nation. September 4, 1997 CONGRESSIONAL RECORD — SENATE S8779 Former First Lady Barbara Bush has I urge my colleagues to join with me and all of our States do give tests— made literacy her top priority, and I in supporting and keeping in the every State that gives tests measures take my hat off to her. I think, as I see money for early childhood develop- by a different standard how well their more and more of the challenges we ment. I hope to work with Senator students are doing. Accordingly, you face in this country, the more I under- KERRY and others to provide authoriz- have some States where most all the stand that Mrs. Bush is right. Where ing legislation in this session to expand students do reasonably well on the test people do not have the fundamental on the opportunities to support early that is provided, and there is a general reading skills, they have significant childhood development. Government perception that they are going to be problems. programs are fine, but it all comes fine. The general trend is that every- One of the reasons I have been close- down to the responsibility of the par- body thinks that although the school ly associated with this literacy project ents, and that responsibility is very system nationally, the educational sys- is following up on the Parents as easy to outline, because the starting tem nationwide, is in serious difficulty, Teachers program we have in Missouri. point is reading to children, relating to they believe that their own child is Parents as Teachers begins by provid- them and showing them the excitement getting a good education. It just ing assistance, on a voluntary basis, to and the wonders that are opened doesn’t add up. Every individual child parents of children from birth to 3 through reading of books and other in our country cannot be getting a years old. We have found that parents materials. good education and still have the vast who participate in this program with I thank the Chair, and I yield the majority getting a less than quality their children—No. 1, are able to avoid floor. education. many of the serious learning problems Mr. STEVENS. Mr. President, I sug- What we need to do is to have a sys- that affect children today and require gest the absence of a quorum. I beg tem where there is agreement as to that they be put in remedial or special your pardon. I withdraw that. what the standard is, there is agree- education; but we are also finding that Mr. BINGAMAN addressed the Chair. ment as to what the test results dem- in every measure of scientific testing, The PRESIDING OFFICER. The Sen- onstrate, and then parents can make these children are scoring higher than ator from New Mexico. an intelligent decision about how their their peers. When I talk to kinder- Mr. BINGAMAN. Mr. President, I child is doing relative to other chil- garten teachers and elementary school- yield myself up to 10 minutes off what- dren, how their child is doing, how teachers and administrators, they can ever time remains on this side. their school that their child attends is see the difference in these children who The PRESIDING OFFICER. The Sen- doing relative to other schools in that have worked in the program where lit- ator is recognized for 10 minutes. same district and relative to other eracy is emphasized, where parents AMENDMENT NO. 1071 TO AMENDMENT NO. 1070 schools in the State or in the Nation. reading to their children is emphasized. Mr. BINGAMAN. Mr. President, this We have today what is called the Na- I spent the month of August trying morning, the appropriations sub- tional Assessment for Educational to encourage more and more families committee is having a hearing, as I un- Progress test, and that is a test that in in Missouri—parents, grandparents, derstand it, to resolve the question 43 States tens of thousands of students aunts, uncles, caregivers—to read to about testing. The President has pro- participate in on a voluntary basis. their children to show that it is fun, posed a reading test that would be vol- This test has been in place now for 25 but also to tell them that it is vitally untarily made available to States and years. The problem, of course, is that it important. local school districts for fourth graders is not available to most students. But Also, we want to expand—and this where the school wants to provide test- clearly, communities, States, and bill does provide expansion of the op- ing in reading, and one for eighth grad- school districts recognize that it is a portunities for more States to partici- ers in mathematics. good, objective assessment of how the pate in the Parents as Teachers Pro- There has been some controversy students in the schools are doing. gram. At my request, the chairman of about this. Senator COATS from Indi- What we are trying to do through the the committee and the ranking mem- ana has proposed an amendment which development of these new tests is to ber included $30 million to expand Par- would—the Coats amendment and the take the model that the NAEP, the Na- ents as Teachers programs to other Gregg amendment together, as I under- tional Assessment for Educational States around the country and to im- stand it—essentially prohibit the use of Progress, has developed and, essen- prove on the program. Already, 47 funds to go forward with the develop- tially, have a test that then is avail- States participate, to some degree, in ment of these tests. I believe this able for each student in each school the program. would be a very grave mistake for this around the country where they want to Early childhood learning and devel- Congress to make if we were to pro- have that test administered. opment is important, and we can do a hibit the Department of Education I believe this is important because I much better job. The Parents as Teach- from going forward with the develop- believe that improvement in education ers Program is one that has had tre- ment of these tests. I think the Presi- in the country is going to have to be mendous success. Mr. President, 150,000 dent’s support on this issue has been driven by concern of parents. They are Missouri families voluntarily partici- strong. The White House has indicated the ones who need to understand the pate in that program every year, and if that they would veto the legislation if, quality of the education that their you want to know if the program in fact, it did contain a prohibition on children are receiving. Without some- works, I can refer you to any one of the use of funds to go ahead and de- thing like this test available, you are those 150,000 families, because they see velop these tests. not going to have the level of concern it is working, they know it is working, As I see it, the tests that the Presi- by parents that is necessary in order to and, Mr. President, this bill provides dent has proposed and the Department ensure and require the improvements more resources to help start these pro- of Education would like to develop and in education that I believe are needed. grams in every school district in the make available to school districts and Let me just indicate that there is country. to States is designed to allow parents, nothing that complicated about the I hope there will be a time when we to empower parents, to understand the tests that they are talking about giv- find that families, wherever they are, educational performance and the ing here. The reading test is a simple who want help developing the child’s achievement level of their own chil- one. One example is they essentially go learning skills will be able to get the dren and how well the school that their through and ask fourth graders to de- kind of assistance that is now available child is attending is doing in preparing scribe Charlotte to a friend after they in Missouri. It can make a difference, their child for a career later on. read a passage from the well-known and it will make a difference in our The Coats amendment, as I said, book ‘‘Charlotte’s Web.’’ That is a com- children’s education, their preparation would prohibit the development of the monsense kind of a test that all of us for the work force but, most of all, tests, and I think that would be a very would like our children to be able to their preparation to take the role in serious mistake. pass. It is the kind of test which is ap- society as responsible adults, as re- The problem we have today, frankly, propriate to make available to all of sponsible parents themselves. is that every State that gives tests— our schools. S8780 CONGRESSIONAL RECORD — SENATE September 4, 1997 The same thing in math. The test decision for the local school districts make it clear that not only have we there is a straightforward test. There by denying the Department of Edu- not seen one instance of abuse, not one is nothing convoluted or complicated cation the funds necessary to go ahead example, but we really have very, very about it. It tests basic math skills for and develop these tests. stringent and clear protections. A eighth graders, and, goodness knows, So I hope very much that, once the woman may not be approached for con- everybody in this country, every par- appropriations subcommittee con- sent to donate aborted tissue. The ent I talked to believes their child cludes its hearing on the issue, we can donor may not be paid for donation of should be prepared with a basic under- proceed to dispose of this matter. I the tissue. The donor may not des- standing of math by the time they hope very much that the COATS amend- ignate who will be the recipient of the complete the eighth grade. ment and the GREGG amendment, tissue. Violations of these restrictions Let me say, the business community which is a second-degree amendment, are a Federal felony, punishable by 10 strongly supports the President’s ini- as I understand it, or a perfecting years in Federal prison. tiative to have these tests available to amendment, that those amendments I say all that because I want to make States and school districts. There has can be disposed of and we can proceed it clear how strict the guidelines are. I been a call, a repeated call and a con- to pass this legislation. also want to make it clear that I do sistent call, by the business commu- Mr. President, I yield the floor and not think this issue is really about nity to have more objective assessment suggest the absence of a quorum. using the labels pro-choice or pro-life, going on in our schools so that we The PRESIDING OFFICER. The but it has to do with another question, don’t have so much rhetoric, but we clerk will call the roll. which is whether or not people who are have actual information, good solid in- The assistant legislative clerk pro- struggling with the disease are going formation, about how well our students ceeded to call the roll. to be able to look to a day where there are doing. Mr. WELLSTONE. Mr. President, I will be a cure. If this amendment That is exactly what employers re- ask unanimous consent that the order passes, we are essentially wiping out quire before they hire a person. They for the quorum call be rescinded. one very promising avenue of research. give them those objective tests to de- The PRESIDING OFFICER. Without I think that would be a very crucial termine whether they have the basic objection, it is so ordered. thing to do. That is certainly not the skills in reading and in mathematics so Mr. WELLSTONE. Mr. President, I intention of the amendment. that they can become productive em- thank my colleagues for the courtesy. I say to my colleagues, because I ployees. For us not to make those same My understanding is we have a vote at have been active in this work dealing kind of objective tests available in the noon; is that correct? with Parkinson’s since I came to the schools before they get out into the The PRESIDING OFFICER. The Senate, I know something about it, workplace I think would be a serious Chair wishes to advise the Senator that having had two parents who struggled mistake. the time is under the control of the with Parkinson’s. I know something Not only does the business commu- Senator from Alaska. about it, having spent a great deal of nity support this, the public supports Mr. WELLSTONE. Might I inquire, time with people in the Parkinson’s it. In the most recent national poll, 77 do we have a vote scheduled at noon? community, that given the strict percent of the public that was ques- The PRESIDING OFFICER. That is guidelines and given the fact that we tioned supported establishing national correct. do not see examples of abuse, and given standards; 67 percent specifically sup- AMENDMENT NO. 1077 the fact that this really is not about ported using national tests, such as Mr. WELLSTONE. I thank my col- pro-choice and pro-life, and also given were described and supported by the leagues, and especially Senator COATS, the fact that if this kind of amendment President and the Department of Edu- for their courtesy. I was not able to is going to be raised it ought not to be cation. come to the floor earlier, and some- focused on one disease, I just hope that I know that we have testimony being times if we feel strongly about an issue my colleagues will oppose this amend- presented this morning. Secretary we will have a chance to speak before ment. I think it is profoundly mis- Riley is making the case before the Ap- the vote. I thank him, and I thank Sen- taken. propriations Committee. I hope very ator STEVENS and others as well. Now, Mr. President, just forget all of much that he will be persuasive to the I do not know quite where to start. the statistics, except to say, and I members of that committee and that Last night we passed an amendment, think my colleagues will believe me, we can go forward with the funding of and this was work I was fortunate that if you talk to people in the medi- these tests as the administration in- enough to get a chance to do with Sen- cal research community they will tell tends. ator MCCAIN, and I think we had 97 you that fetal tissue transplant re- I do think this is an issue that has votes to expand funding for Parkin- search is one of the very promising ap- great long-term consequences for our son’s disease. It was an enormous vic- proaches. I do not think we want to country. It would be a serious mistake tory. I believe that kind of strong vote ‘‘defund’’ that. We do not want to be in for us to head this off. We already have will serve us very well in conference a position of, on the one hand, finding a whole number of States—I see the committee, and I believe finally we resources for research, and then essen- distinguished chairman of the Appro- will be able to get some funding. tially wiping out one of the very im- priations Committee on the floor here There has been so little funding. It portant modes of research to find a right now. His State of Alaska has cho- has not been fair, and people who have cure for the disease. We do not want to sen to participate voluntarily in the been struggling with this disease have do that. It really undercuts part of the use of these tests when they are made been here for several years now. They very important vote that took place available. The superintendent of public have become their own advocates. The last night. instruction in my State of New Mexico only reason we had such a strong vote Maybe the best way for me to sum- has indicated his desire that we should last night was because of their work. marize my view, because we will vote also participate at some future date in My colleague, Senator COATS, was in just a few minutes, is to talk about the use of these tests. There are many gracious enough to raise his concern a woman that some of you have come States that are anxious to participate. through this amendment separately to know. Her name is Joan Samuelson. There are many large school districts from that vote. He is someone here in I have not asked for permission to do in our larger cities that have indicated the Senate that I believe in. I think he this, but Joan has been so visible and the same thing. speaks for what he thinks is right. This so vocal I do not think she will object. We need to keep faith with them, go amendment he introduces in very good I first met her a number of years ago forward and develop these tests, make faith. when she was testifying before our the tests available. If they want to use I will be the opposite of shrill in my committee, the Labor and Human Re- them, so much the better, that is their opposition. I think the amendment is sources Committee. I think she was choice. But it would be a serious mis- profoundly mistaken. We have gone speaking about the need to have at take for this Congress to try to make through this whole debate about fetal least a little bit more by way of re- that decision for the States, make that tissue research, and I again want to sources for research, but I think she September 4, 1997 CONGRESSIONAL RECORD — SENATE S8781 was talking about, if my memory father had Parkinson’s. Senator COATS, exist. Even fetal tissue could go for- serves me correctly, about this fetal when he does something on the floor of ward. tissue research. the Senate does it because he believes I hope our colleagues will understand What I remember was I kept thinking in it. He does it because he thinks it is the practical nature of this and the about my parents. My father was al- the right thing. ethical and moral considerations of most 60 when he found out he had Par- I deeply appreciate the support he doing this, and I urge a vote in support kinson’s and he lived to be 84, though has given Senator MCCAIN and myself of my amendment. at the very end I will tell you, if you do on our efforts, but I think this amend- The PRESIDING OFFICER. The not know this disease, he was so alert. ment is a mistake. Actually, I want to question is on agreeing to the amend- He was a brilliant man. I am not objec- say I know this amendment is a mis- ment of the Senator from Indiana. On tive, he was my father. He spoke 10 lan- take, because I really believe it is all this question, the yeas and nays have guages fluently but it did not help. He about someone like Joan Samuelson. been ordered, and the clerk will call spoke 10 languages fluently, but be- We ought not to vote for the Mo Udall the roll. cause of Parkinson’s he could not Parkinson’s Research Act, the amend- The legislative clerk called the roll. speak. He could not walk. And really ment last night introduced by Senator Mr. NICKLES. I announce that the the truth of the matter is he intensely MCCAIN and myself, and then turn Senator from Alaska [Mr. MURKOWSKI] wanted to die. That is exactly what he around and essentially defund one of and the Senator from Rhode Island indicated to me. the important avenues of research that [Mr. CHAFEE] are necessarily absent. When Joan Samuelson testified, I potentially could lead to a cure for this The PRESIDING OFFICER (Mr. AL- kept thinking, gee, she is in her thir- disease. I think that would be an injus- LARD). Are there any other Senators in ties. What is going to be her future? If tice to Joan Samuelson and many the Chamber who desire to vote? you are lucky, this disease runs a slow other women and men who struggle The result was announced—yeas 38, progression, but you never know. You with this disease. I hope my colleagues nays 60, as follows: do not want to find out you have Par- will vote against this amendment. [Rollcall Vote No. 215 Leg.] kinson’s when you are in your thirties. I yield the floor. YEAS—38 By the way, it is a myth that this is a Mr. STEVENS. I suggest the absence Abraham Enzi Inhofe disease that only afflicts the elderly. of a quorum. Allard Faircloth Kempthorne When Joan Samuelson testified, more The PRESIDING OFFICER. The Ashcroft Frist Kyl than anything what she was saying is, clerk will call the roll. Bennett Gorton Lott Bond Gramm Nickles ‘‘Look, for me and many others, time The assistant legislative clerk pro- Brownback Grams Roberts is not neutral. How can you say to me ceeded to call. Burns Grassley Santorum that you are only willing to invest Mr. STEVENS. I ask unanimous con- Coats Gregg Sessions about $30 per person for the 1 million of sent that the call of the quorum be re- Coverdell Hagel Shelby Craig Hatch Smith (NH) us who struggle with Parkinson’s? How scinded. D’Amato Helms Thomas can you look at me in the eye and say The PRESIDING OFFICER. Without DeWine Hutchinson Thompson that? This is my life or whether I will objection, it is so ordered. Domenici Hutchison have a life.’’ Mr. STEVENS. I ask for the yeas and NAYS—60 The reason I raise this is I remember nays on the pending amendment. Akaka Ford McConnell hearing her testify and thinking about The PRESIDING OFFICER. Is there a Baucus Glenn Mikulski my parents and sort of just then start- second? There is a sufficient second. Biden Graham Moseley-Braun ing to have tears in my own eyes be- Bingaman Harkin Moynihan The yeas and nays were ordered. Boxer Hollings Murray cause I was thinking I don’t want Mr. STEVENS. That vote will occur Breaux Inouye Reed someone like Joan Samuelson to get to at noon? Bryan Jeffords Reid the place where my dad did. I don’t The PRESIDING OFFICER. That is Bumpers Johnson Robb Byrd Kennedy Rockefeller want that to happen to her. correct. Campbell Kerrey Roth Now, I am not a doctor. I cannot Mr. STEVENS. I suggest the absence Cleland Kerry Sarbanes guarantee there will be a cure to this of a quorum. Cochran Kohl Smith (OR) disease tomorrow. But when I spoke to The PRESIDING OFFICER. The Collins Landrieu Snowe Conrad Lautenberg Specter Joan Samuelson two nights ago, she is clerk will call the roll. Daschle Leahy Stevens out in California, she said to me, ‘‘The The assistant legislative clerk pro- Dodd Levin Thurmond way I look at this debate on fetal tis- ceeded to call the roll. Dorgan Lieberman Torricelli Mr. COATS. Mr. President, I ask Durbin Lugar Warner sue research is this is the particular re- Feingold Mack Wellstone search that I think could very well lead unanimous consent that the order for Feinstein McCain Wyden to a cure for me.’’ That is the point. the quorum call be rescinded. NOT VOTING—2 Please, everybody, that is the point. The PRESIDING OFFICER. Without Whatever your position is on the gen- objection, it is so ordered. Chafee Murkowski eral question of pro-choice, pro-life, Mr. COATS. Mr. President, just in The amendment (No. 1077) was re- that is not what this debate is about. summarizing before we vote at 12 jected. To someone like Joan Samuelson, this o’clock on the Coats amendment, let Mr. FORD. Mr. President, I move to is one avenue of research that could me just, for Members’ information, reconsider the vote. very well lead to a cure for this dis- clarify things here. Mrs. BOXER. I move to lay that mo- ease. That is of central importance to This amendment does not prohibit all tion on the table. her. That is of central importance to Federal funding for fetal tissue re- The motion to lay on the table was the lives of many other people strug- search. Fetal tissue research can go agreed to. gling with Parkinson’s. I think that is forward. It allows fetal tissue research The PRESIDING OFFICER. The Sen- what this vote is about. to go forward with tissue obtained ator from New York is recognized. So, Mr. President, I urge my col- from ectopic pregnancies and sponta- Mr. D’AMATO. Mr. President, I have leagues to please vote against this neous abortions. It does prohibit Fed- an amendment which I would like to amendment. I feel like I have to, in eral funds from being used for research submit on this bill, but I would ask good faith, conclude by saying, even on fetal tissue obtained by induced unanimous consent that I might be though I hope there will be a strong abortions only. given an opportunity to speak to up to vote against this amendment, one more We encourage research in the most 10 minutes as if in morning business on time I want to make it crystal clear promising areas of Parkinson’s disease a subject of some import dealing with that Senator COATS is doing what he with animal tissue transplants, gene- the terrorist action today in Jerusa- thinks is right. Senator COATS has sup- based therapy, deep-brain stimulation. lem. ported this effort to expand the funding So this applies not to diabetes re- The PRESIDING OFFICER. Is there for Parkinson’s. Senator COATS knows search, not to other neurological re- objection? The Chair hears none, and it this disease all too well. I believe his search—just to this. Other alternatives is so ordered. S8782 CONGRESSIONAL RECORD — SENATE September 4, 1997 The Senator from New York is recog- ing and abetting, and, indeed, we have rorist acts that continue. But it is the nized. him embracing terrorist leaders, I tone, it is the context of what is hap- f think we have to at the very least look pening. The Israeli intelligence gathers at whether this should continue. I be- evidence, presents it to Mr. Arafat to TERRORISM IN ISRAEL lieve that we have an obligation to show him, a month or so ago, that the Mr. D’AMATO. Mr. President, once speak up and say, we hold you, Mr. person he has appointed as the chief of again, we have seen the ugly, undeni- Arafat, responsible, and it is time to the Palestinian Authority police has ably brutal, horrific actions of terror- condemn him publicly for the carnage been involved in planning terrorist ism. We have seen the destructive im- and the destruction of human life that acts. How would we feel if we had evi- pact of it in Jerusalem so vividly put has taken place today and in the past. dence from intelligence showing that forth over the TV screens, but it goes Mr. President, I see my friends and the minister of defense of Russia, with well beyond. We are told that 6 people colleagues, the Senators from Con- whom we were negotiating an arms died, over 150 have been injured, and necticut and New Jersey, in the Cham- control agreement, had been involved obviously our sympathy goes out to ber, and I know that they feel strongly in planning terrorist acts against the them and to their families and to the about this issue. United States? The dreadful moment, people of that region who are held cap- I yield my remaining time to the after the bombing in Israel, in Jerusa- tive by these kinds of terrorist attacks. Senator from Connecticut and the Sen- lem, a few months ago, Chairman This is the work of Hamas, the Hamas ator from New Jersey. Arafat, instead of taking action to re- who are given sanctuary, who operate The PRESIDING OFFICER. The Sen- assure the fear of average Israelis out of the territories under the direct ator from Connecticut. about their security, holds a con- control of Yasser Arafat. Mr. LIEBERMAN. I thank my friend ference with Hamas and other terrorist Now, make no mistake about it: The and colleague from New York for yield- groups and embraces and kisses one of responsibility for this terrorist act and ing and for his statement. the leaders of that group. Again, the the previous bombings lies with Mr. Mr. President, as a result of a terror- chief of police of the Palestinian Au- Arafat. He, Mr. President, has the ist act, blood has been spilled in the thority at one point declares with some power to deter these murderers but streets of Israel as its citizens go about pride that more than 100 members of does nothing. Indeed, he gives them the most normal day-to-day tasks, Hamas are members of the Palestinian sanctuary. He gives them sustenance. walking, shopping. Lives again have Authority police. He gives them comfort. been lost to the terrorist hand. It is a The effect of these actions leading, Let me illustrate by way of this pic- very sad and dispiriting moment, not again, to this tragic terrorist act ture. It is said that a picture is worth just, of course, for those who have suf- today, is not just to affect the political a thousand words, and in this case I fered in this terrorist attack and for leadership of Israel. Israel is a democ- think even more so. The New York the families and friends who pray now racy. That is why Mr. Netanyahu is Times, Thursday, August 21, and here that the lives of the wounded will be Prime Minister. The effect of these we see Mr. Arafat greeted by a leader saved. It is also a sad and dispiriting acts that I have described is to under- of the Hamas during a meeting in Gaza: day for all of us who hope for the con- cut severely the trust, the confidence, ‘‘Defying Israel, Arafat embraces Is- tinuation of the peace process in the the hope of the people of Israel for lamic militants.’’ Middle East, begun in Oslo, ratified at peace. Because they don’t trust the You cannot have it both ways. You a historic, dramatic, hopeful signing on Palestinian Authority and Mr. Arafat, cannot say, on the one hand, that we the lawn of the White House on Sep- based on these various acts I have de- are the instrumentality of peace, that tember 13, 1993 by the late Prime Min- scribed and Senator D’AMATO has de- we want peace, we are working for ister Rabin and Chairman Arafat. The scribed, to carry out the promises in peace, and on the other hand be em- agreement, the understanding, the ex- the Oslo accords to provide security bracing the leaders of the terrorist or- change made in the declaration of prin- and peace. ganizations that are sworn to destroy ciples in the Oslo accord was com- The late Yitzhak Rabin, Prime Min- Israel, the Jewish people and any pros- plicated in one sense, but simple in an- ister of Israel, was a great leader, a pects for peace. other. It was an exchange in which the great soldier of the peace, so-called That is indefensible. And so while Israeli Government would yield land in peace of the brave. But I would say there are those who claim that this is recognition of a Palestinian self-gov- today, if Prime Minister Rabin was an internal security problem for Israel, erning authority in exchange for the alive and was still Prime Minister I believe it is quite clear, given the re- Palestinians—and particularly their today, he could not accept the continu- sponsibilities and given the power and eventually elected leadership, Chair- ation of the peace process under the given the economic wherewithal that man Arafat and others—giving security status quo, because the Palestinians we have provided, the United States, to to the people of Israel; freedom from have not kept their part of the bargain. Yasser Arafat, whose police force has fear of the kind of terrorist acts that So, I fully support the statements failed, whose security services have, if have been committed again today in Is- made by the Senator from New York. I anything, given sanctuary and protec- rael. am grateful the Secretary of State is tion to Hamas, it is about time we held Mr. President, I know the Prime Min- underway to the Middle East. It will him accountable for these acts. Instead ister of Israel, Benjamin Netanyahu, is take a courageous and bold action. But of providing the security and loaning controversial in many areas of this the main point here is that Chairman himself to the peace process, he em- country, and there are different acts Arafat has to understand-— braces these murderers as we see so that he has carried out as a leader that clearly. He coddles them, he provides some challenge and question. But it The PRESIDING OFFICER (Ms. them with sanctuary. seems to me, if you look at the agree- SNOWE). The time for morning business Mr. President, terrorism will not end ment made in the Oslo accords and you is expired. if this is permitted. look at what was required of Israel, Mr. LIEBERMAN. I ask unanimous I believe, and I have said before—and Prime Minister Netanyahu, since he consent I be given 2 additional min- I see my colleague in the Chamber— has been Prime Minister, has kept utes. that it may come time—and the Sen- those promises made by Prime Min- The PRESIDING OFFICER. Without ator from Connecticut [Mr. LIEBERMAN] ister Rabin. The same cannot be said of objection, it is so ordered. has raised this issue—for this country Chairman Arafat. Mr. D’AMATO. Madam President, to look very closely at the moneys, the It is not just, although it is signifi- might I ask that we have an addi- hundreds of millions of dollars annu- cant, the failure, as promised in the tional—up to 15 minutes in morning ally that we send to Mr. Arafat under Oslo accord, to remove from the Pal- business to be able to speak on this the umbrella, the cloak, of peace. estinian Charter these clauses which issue, because I know there are col- When those dollars are not being threaten the destruction of the State leagues, my colleague from New Jersey used to provide the kind of security to of Israel. It is not just, though of and colleague from California, who bring about a peace process but are aid- course it is tragic and painful, the ter- would like to speak to this. September 4, 1997 CONGRESSIONAL RECORD — SENATE S8783 The PRESIDING OFFICER. Is there happening. It has gone on for too long. forward with a cutoff of funding to objection? Without objection, it is so The attempt to suggest that this is a Yasser Arafat and the Palestinians, un- ordered. way to obtain peace, or to coerce less we see some—I am not saying to- Mr. D’AMATO. I thank the Chair. friends who want democratic societies morrow or the next day—but unless we Mr. LIEBERMAN. Madam President, throughout the Middle East, kind of see some concerted action? I think we what I am saying here is that this modeled on what Israel has done—it is have to begin to let him know. I am process—for the first time since Sep- a democratic society, as my friend and wondering what my colleague thinks tember 1993 I fear that the peace proc- colleague from Connecticut said. They about that—my colleagues think about ess in the Middle East is unraveling. elected a Prime Minister. It is not for that? Because, it seems to me, we say And that would be a terrible result for us to agree or disagree. It is irrelevant. one thing and we do the other. We are the people on both sides in the Middle The fact of the matter is, it is a demo- permitting, I think, ourselves to look East. The only way it can be brought cratic society. And what we try to do is rather foolish in the continued funding, back on track is for Chairman Arafat encourage the Palestinian Authority to or permitting funding to continue to to take some unequivocal and strong take democratic leadership and rep- flow. actions to make clear that he is an resent law and order and defend Mr. LAUTENBERG. The question my enemy of terrorism. That will probably against terrorism. But we have been colleague from New York State raises include arresting suspected terrorists. grossly disappointed of late. is a very complex one. Because we want That will include a direct break of this I was in Israel 2 years ago in April to continue a peace process. I spent embrace with Hamas. It will include a when a bus was exploded by a terrorist. some time in Ireland. I visited in the dedication to destroying the terrorist On that bus was a young woman from north. We made investments in that so- infrastructure that is part of Hamas. If New Jersey whose family I now know ciety, in the northern section, so that that does not happen, the process will very well. She died in a few days; 21 people could elevate their standard of not go forward. Because the people of years old, an innocent victim. She living and reduce some of the anger Israel—leave aside the Government— wasn’t there trying to hurt anybody. and the rage. And we continued. I was the people of Israel will not have the She was there because she was inter- pleased to see, in the last couple of days, discussions taking place that in- confidence to take it forward. ested in studying Hebrew and the his- Here our options are limited. The tory of the Jewish people. Sometime clude the Sinn Fein, with some Mem- Secretary of State and her designees later another young woman, also from bers of the Senate and so forth, to try are there to try to bring some sense to New Jersey, was killed in a terrorist to say, ‘‘Stop the killing, stop the kill- ing.’’ the parties on both sides. But, insofar attack in Tel Aviv—just a random ex- I met with people in New Jersey, and as we have options, it suffices to say plosion, someone willing to take his we disagreed on the tactic that was that in the climate and the reality that life, convinced that he would be re- warded for killing himself and killing being used, the violence in the North, has occurred, as Senator D’AMATO has to try to bring about the kind of equal- indicated, it seems to me there is very others. The one thing we have to insist on in ity that all of us like to see for our little chance that this Congress would this country is we should not talk to families and our friends. Thusly, I am appropriate any funds for the Palestin- anybody who, in addition to a formal reluctant to say just offhand that we ian Authority. It will make it difficult relationship with us, supports terror- ought to simply cut off the relation- to renew the Middle East Peace Facili- ism. Syria by way of example. We have ship. tation Act, which allowed the PLO, the an ambassador there. They have rep- I have faith that the Palestinian peo- Palestinian Authority, to have an of- resentation there. But they are on a ple also want peace. I don’t think that fice here in Washington which was list of countries that support terror- they, any more than anyone else, likes closed in August because we didn’t ism. And we ought to say listen, if that the prospect of a son or a daughter renew it. is the way you are going to conduct dying in a conflict. There are those These are serious consequences which your life, in terms of the region that madmen—we have them in our society; go to the heart of the process and to you exist in, that you want to encour- we saw it in Oklahoma—people who are the hopes of people, on the Palestinian age terrorism on the one hand and be a part of our culture who do something and Israeli sides, for a better future friend of this great democracy on the that is so outrageous. We see it in vio- than the war-torn past. I think we are other, it’s no go. We ought to say that lence around the country all too fre- all here appealing to Chairman Arafat, to countries all around the area. If you quently. We just saw it in New Hamp- who remains the elected chairman, to in any way—even those that we have shire. seize this moment, show his leadership, established some friendships with—if I will say this, though, that I think or forever be seen in the eyes of history you in any way encourage or inflame the Senator confirms what I was talk- as the man who destroyed the hopes for the fire of violence and terrorism, our ing about, and that is, we have to, as peace in the Middle East. relationship is going to change. We they say, tighten the screws. We can- I thank the Chair and yield the floor. cannot sit by and simply pour our not have a Hamas operating under one The PRESIDING OFFICER. The Sen- hearts out and say, ‘‘Isn’t it sad? Some- disguise in one place doing a good deed ator from New Jersey. body lost a son, somebody lost a daugh- here and there—and I don’t care how Mr. LAUTENBERG. Madam Presi- ter, mother, father, sister.’’ It has to be many good deeds they do—if the alter- dent, if I might, I don’t know, is the more overt than that. native is to have another branch of time reserved just generally? We have seen what happens with ter- that organization that kills people, Mr. D’AMATO. No. I have asked that rorism. We have seen it in our own those who might disagree with them, we be permitted to speak on this issue country. It shocked everybody, in while they tend to the needs of others for up to 15 minutes. My colleagues Oklahoma, the Port Authority building who are indigent medically, troubled, have yet to speak. So use whatever in New York, the Trade Center. It is et cetera. time is necessary. frightening. It is a disgusting, revolt- So we have to make sure that if you Mr. LAUTENBERG. I thank the Sen- ing act. Think of it, that someone feels want to be a friend of the United ator from New York. I commend him justified, for political or personal rea- States, if you want us to work with for his ever-present concern about the sons, to take others’ lives in the name you in any continued way of support well-being of our friends around the of a cause. We ought not let it be mis- for democracy, for economic better- world, Israel in this case, and his understood, that we will never, never, ment, that you have to leave out any staunch defense of freedom and democ- never accept a handshake on one hand assistance or any encouragement for racy against terrorism. I thank him for from someone who is going to support terrorism, and that means reacting to his initiative today. terrorism with the other hand. terrorist acts by saying, ‘‘We condemn It is heartbreaking for all of us, when Mr. D’AMATO. I wonder if my col- it and we condemn those who did it,’’ we see innocent people carried away in league might yield for an observation? and not hedge what they are saying, stretchers, and the mayhem and the Mr. LAUTENBERG. Sure. not permit them to say, ‘‘Well, we destruction that terrorists visited upon Mr. D’AMATO. Do you think that we don’t like terrorism, but, in this case, Jerusalem this day. It is not a unique should consider very seriously going maybe’’—baloney. S8784 CONGRESSIONAL RECORD — SENATE September 4, 1997 What we say is, if anybody partici- peace. I must tell this body honestly, I I thank the Chair. I yield the floor. I pates in any support of terrorism, they no longer believe that to be the case. I thank the Senator from New York for can’t be friends of ours and they can’t watched his kiss with a Hamas leader, his comments. derive any benefit from it. and I know that when public leaders Mr. D’AMATO addressed the Chair. I will relinquish the floor with a word engage in these kinds of symbolic ges- The PRESIDING OFFICER. The Sen- of encouragement for Secretary tures, it sets forth signals, signals to ator from New York. Albright to continue her effort, for all every Hamas terrorist everywhere, Mr. D’AMATO. The Chair has been the peacemakers to continue their ef- that their actions are, to some extent, gracious in extending morning business forts, to try to get by this but at the condoned by the chairman of the Pal- time, but I would like to make one ob- same time to make certain that those estinian Authority, the head of that servation, if I might, and ask that the who commit terrorist deeds know that authority. That is a terrible signal to time be continued. they cannot sit at the table at the send if you are going to be seriously The PRESIDING OFFICER. Without same time that the peacemakers do. I engaged in a peace process. objection, it is so ordered. yield the floor. So I have come to believe that that Mr. D’AMATO. Madam President, I Mrs. FEINSTEIN addressed the authority at this stage does not want think that this picture and the caption Chair. peace. I have come to believe it when I describes it. Here is Yasser Arafat em- The PRESIDING OFFICER. The Sen- read that members of the police de- bracing a leader of terrorism, a killer, ator from California. partment were actually engaged in the leader of Hamas. The caption reads: Mrs. FEINSTEIN. Madam President, complicity with terrorists to allow a ‘‘Defying Israel, Arafat embraces Is- if I may, I would like to continue along terrorist attack to take place. lamic militants.’’ It is better titled: the lines of some of my colleagues’ I believe the following: First, that if ‘‘Defying peace’’—defying peace. It is comments with some of my own, infor- there is ever a time for the Arab world better titled ‘‘Embracing terrorists,’’ mal as they may be, about what hap- to come forward and take a united and because that is exactly what he is pened this morning. I find myself very strong position against Hamas and doing. much thinking along the lines of the Hezbollah and any other organization My colleague from California, I Senators from New York, Connecticut that would carry out these acts, it is think, described it quite correctly. It is and New Jersey. now. If there ever was a time for the not good enough to speak about peace I watched the CNN coverage from Je- Arab world to begin to press for the ar- and yet to give sanctuary, safe haven rusalem this morning, and my heart rest, for the destruction of these ter- and tangible, visible support to those very much went into my throat. I won- rorist organizations, it is now. Outside who bring about these horrific acts. dered how much can the people of this of concerted action by the Arab world, That is what Mr. Arafat has done. Gen- small nation endure. I looked at the I don’t see how a peace process can go erally, he has done it under the cloak faces on the streets, and I saw a kind of ahead with any progress whatsoever. of speaking in a language and in places Second, I believe we should not renew brokenness, a spirit diminished, a hurt and at times where the world does not the Middle East Peace Facilitation that was turning rapidly to anger. hear it, but that selected groups hear Act. I believe that all funding should I have been one on the Foreign Rela- cease at this point. And I must finally his words. Here he has done it in the tions Committee who has been a sup- say that I personally have very mixed way that the camera has captured him porter of the Middle East Peace Facili- feelings about Secretary Albright’s trip and his words in giving support and tation Act. That act expired prior to to the Middle East. Yes, I believe we comfort to those who bring terror to our recess. It was not renewed. My un- should resist terrorism. I am not sure the streets and to the homes of inno- derstanding is that as a result the Pal- that going to the Middle East at this cent civilians. estinian office in this area has closed, point in time sends the signal that we Mrs. BOXER. Mr. President, once and I believe it should remain closed, do, indeed, resist terrorism. It seems to again innocent Israeli civilians have and that the aid specified through the me that if both parties, Israel and the been murdered by the enemies of the Middle East Peace Facilitation Act, Palestinians, want to discuss peace and peace process. I rise today to strongly which we call MEPFA, has ceased. I be- the United States is going to carry out condemn this cowardly act of violence lieve that aid should cease. I believe our role as an honest broker, this peace and reaffirm my support for the people that the Middle East Peace Facilita- can be brokered elsewhere than on Is- of Israel and for the people who want tion Act at this point in time should raeli soil at this point in time. peace throughout the Middle East. not be renewed and, as a member of the When three people move forward to There is no doubt that today’s sui- Foreign Relations Committee, it is kill themselves and kill others, I only cide bombings were carefully timed to going to take a great deal to convince can believe that other attacks are inflict the greatest number of civilian me to go in any other direction. going to follow. If I am any judge at all causalities. Three explosions in quick The last terrorist attack before this of the faces, the Israeli faces I saw on succession rocked the Ben Yehuda pe- was July 30. Since then, there has been television this morning, I would have destrian mall during the busiest time an aborted attack. Today, we saw three to say that peace is having a price that of day. These bombs killed at least 6 suicide bombers go into a busy pedes- free people have a great deal of dif- and injured nearly 200 people. trian mall and blow themselves up in a ficulty in paying, because it means As expected, the terrorist group kind of fanaticism that certainly is not your child can’t go to school, you can’t Hamas has claimed responsibility for understood in Western countries or shop, you can’t walk down a street. this deplorable act. They are respon- really any peace-loving country. It is You become a hostage, in another sible for the blood and carnage in the not the act of peace-loving people to sense. streets of Jerusalem, and they must blow themselves up and blow up any- So I make these comments with very answer to the grieving parents and one that happens to be around them. deep concern as one who has tried to families of the victims. I submit that the only reason these work on resolutions passed by this Last month, I stood before this body bombs are not blowing up inside rooms, body so that they weren’t inflam- to urge Yasser Arafat and the Palestin- businesses, and convention halls—and matory to the peace process, so that ian Authority to keep their promise causing even more casualties—is that Jerusalem, as an issue, could be han- and crack down on terrorism. As evi- in Israeli, everyone is searched when dled in a way that was not inflam- denced by his complete inaction since they enter public buildings. This is a matory, so that the Middle East Peace the July 30 bombing, Mr. Arafat has terrible way for people to have to live. Facilitation Act could go ahead. But as not done anything to join the fight At some point it almost begins to ap- one Member of this Senate, I am now against terrorism. If the peace process proach the atrocity of a concentration at the point where I believe that with- is to move forward, he must find the camp if people must live this way. out a major commitment from the courage to confront those who would My own view is that it takes two par- Arab world, from Mr. Arafat and from victimize innocents to undermine ties to pursue peace, and both parties his government, peace is at the weak- peace in the Middle East. must want peace. I had thought up to est point that I have ever seen since Secretary Madeleine Albright is this point that Yasser Arafat wants the peace process has begun. scheduled to visit the Middle East next September 4, 1997 CONGRESSIONAL RECORD — SENATE S8785 week, and there are many who believe of $40,000,000 that shall be used to carry out and older. So when we talk about the these bombings were intended to dis- title III of such Act)’’. needs of the frail elderly and keeping rupt her visit. Mr. President, this de- On page 85, line 19, strike ‘‘$30,500,000’’ and them from being institutionalized, this liberate act of violence against Israel insert ‘‘$70,500,000’’. is becoming an increasing problem. will not deter us in any way from mov- Mr. D’AMATO. Madam President, I The elderly population over age 85 ing forward with the peace process—in- thank Chairman SPECTER and the will increase by 36 percent by the year deed, it will only strengthen our re- ranking minority member, Senator 2005. Think of that; an incredible 36 solve. It is critical that America con- HARKIN, for their incredible steward- percent. That is going to call for in- tinue to play a major role in the peace ship and leadership in developing the creased services, increases well beyond process. We will not allow terrorists to 1998 Labor, Health and Human Serv- what we can imagine and envision set the agenda for the peace process. ices, Education appropriations bill. It today. And unless we do, we are talk- We will not allow cowards to strangle is one of the most difficult bills that ing about a vulnerable population. the prospects for peace in the Middle we have to deal with because the needs They will have no other alternatives in East. are so great; the needs for increased many cases than to be institutional- In these difficult times, the need for medical research, for research in all of ized. I suggest not only the quality of strong American leadership becomes the areas, whether it be for breast can- life of the seniors then becomes de- ever clearer. That is why I am very cer, whether it be for kidney programs, graded to the extent that we do not pleased that Secretary Albright has de- whether it be for the programs for even like to think about it, but the cided to proceed with her planned visit AIDS research. cost factors will become incalculable. to the Middle East. It is my profound Encompassed in this is how do we The typical Older Americans Act par- hope that her efforts can jump start share the resources which are so lim- ticipant, Mr. President, to get a profile the ailing peace process. ited? So it really comes down to, unfor- of who is that person, is a woman over I believe Mr. Arafat and the Palestin- tunately, choices, of not giving suffi- 75, living on a very limited fixed in- ian Authority must both agree to fully cient funding to some of the most criti- come, who needs daily help in prepar- engage in the peace process and take cally important areas affecting our ing meals or weekly transportation to dramatic steps to halt these terrorist health, affecting infants, and affecting a doctor. attacks if they wish to continue to re- all of our populations. Thirty-nine percent of the Older ceive financial assistance from the But there is another population that Americans Act participants have in- United States. Unless such action is continues to grow, a population that comes at or below the poverty level. taken in the immediate future, I will has not, unfortunately, had their needs Among States, the poverty rates for steadfastly support cutting any and all met, too. That is our senior citizens. participants range from 17.2 to 86.9 per- aid to the Palestinian Authority. It is That is why I rise today, on behalf of cent. Twelve States report at least half truly unconscionable that American America’s elderly citizens, to increase of their participants have incomes at money, given in good faith, be used to the title III of the Older Americans or below the poverty threshold. aid those who would conspire with ter- Act. I offer an amendment that would Mr. President, why is a $40 million rorists. increase it by $40 million, for a total of increase so desperately needed? Well, Israel’s greatest responsibility is to $893 million. The current Older Ameri- despite the steady funding increases, protect her citizens. Mr. Arafat must cans Act funding includes a 2-percent the effect of inflation and the tremen- understand that a true peace can be increase. That is 15 percent. That is a dous population growth have dimin- achieved only when Israeli citizens are cost-of-living increase over last year’s ished the actual impact of the annual secure in their homes, in their places of allocation. appropriations increases. Over the past worship, and on their streets. They de- Most people would say, ‘‘Well, that’s 15 years, there has been a 40-percent serve no less. not bad in these times of austerity.’’ I loss in the program’s capacity to meet I wish to express my sincere condo- agree. But I think we have to look at the needs of older citizens due to a lences to the Israeli people on this the problem. The primary goal of these combination of the following factors: senseless tragedy. community services is to keep mil- increased costs due to inflation, serv- lions—millions—of frail elderly people ing increased numbers of frail elderly f living independent in their own homes, who need more, and reduced Federal DEPARTMENTS OF LABOR, in their own apartments, for as long as funding. HEALTH AND HUMAN SERVICES, possible, allowing them to avoid unnec- If inflation and the increasing age AND EDUCATION, AND RELATED essary institutionalization and saving population were accounted for from the AGENCIES APPROPRIATIONS billions of dollars, not to mention im- OAA’s start in 1973, we would have had ACT, 1998 proving their quality of life. to double the funding. So while the re- So the Older Americans Act provides quest for doubling the funding level in The Senate continued with the con- a whole variety of programs, home and 1 year is unrealistic, certainly—cer- sideration of the bill. community-based services to the elder- tainly—the request that we put forth AMENDMENT NO. 1079 ly, including congregate and home-de- at 5 percent, or $40 million, is one that (Purpose: To increase the amounts made livered meals—Meals on Wheels; we I believe is extremely conservative and available to carry out title III of the Older have heard of that—transportation so one that I hope we can meet. Americans Act of 1965) that seniors do not live as shut-ins so Where do we find the funds? Let me Mr. D’AMATO. Madam President, I they have an opportunity to come to- first say the committee has done an ex- send an amendment to the desk and gether with friends and neighbors, sen- cellent job. It has identified funding, ask for its immediate consideration. ior employment, senior centers, adult an increased funding of $15 million, by The PRESIDING OFFICER. Without day care and other services. reducing the general administrative objection, the pending amendments are Three of these services account for costs, which amount to about $1 bil- laid aside. The clerk will report. more than two-thirds of the title III lion, the bureaucracy, the overhead for The legislative clerk read as follows: funding: Congregate meals, that is $250 administering these programs, for the The Senator from New York [Mr. D’AMATO] million; home-delivered meals, $134 bureaucrats here in Washington and in proposes an amendment numbered 1079. million; and transportation, $63 mil- other areas. I believe that by a further Mr. D’AMATO. Madam President, I lion. No one can deny the incredible reduction by 5 percent, we can add $40 ask unanimous consent that the read- needs and the fact that, if anything, million. That is a very modest reduc- ing of the amendment be dispensed they grow and grow. tion as it relates to overhead. And that with. The face of America’s population, Mr. is what we intend to do. The PRESIDING OFFICER. Without President, is changing. It is growing So what we are talking about is mak- objection, it is so ordered. older. Believe it or not, those elderly ing more resources available for peo- The amendment is as follows: people who are 85 years of age or older ple, the frail elderly, people who need On page 45, line 13, strike ‘‘$854,000’’ and in- are growing faster than any others. it, a population that averages 75 years sert ‘‘$854,074,000 (and an additional amount They are growing at a faster rate—85 of age, a population that continues to S8786 CONGRESSIONAL RECORD — SENATE September 4, 1997 increase, as opposed to decreasing re- Mr. LIEBERMAN. Mr. President, I than 700 charter schools will be in oper- sources for bureaucrats. am proud to rise today to offer an ation across the country, including a I believe in the days of computeriza- amendment, along with my good friend whole new group in my own State of tion, et cetera, and effective efficiency, and colleague Senator COATS from Indi- Connecticut, practically tripling the we can do that. We can actually in- ana, which would increase our invest- number of charters that were in exist- crease the services with less people by ment in one of the most promising en- ence just 2 years ago. way of attrition, by way of maximizing gines of education reform in America The appeal of this new breed of the efficiency and the effectiveness today, which is the charter school schools is obvious. In the context of a that one person today can bring to the movement. This amendment would in- school system that is not adequately work force by use of the computer that crease funding for the charter school educating too many of our children, can do the work of two or three or four. grant program from the current level charters offer the promise of higher Mr. President, I ask for the yeas and of $51 million up to $100 million for fis- standards, greater accountability, nays. cal year 1998. broader flexibility to innovate in the The PRESIDING OFFICER (Mr. ROB- Mr. President, we recognize that this classroom, and ultimately greater ERTS). Is there a sufficient second? is a sizable jump in funding, but let me choice, which is what more and more There appears to be. put it in context and then go on to ex- parents want in public education. So The yeas and nays were ordered. plain why we believe it is more than far the broad array of charter schools AMENDMENT NO. 1079, AS MODIFIED warranted. already in business are delivering on Mr. D’AMATO. Mr. President, I ask Earlier this week, on Tuesday of this that potential. Parents give over- unanimous consent that I be allowed to week, my friend and mentor, Bill Ben- whelmingly high marks to charter submit a modification to the amend- nett, wrote a column on the op-ed page schools for their responsiveness to ment which I have offered. of the Wall Street Journal in which he them, the parents, as customers. Sev- The PRESIDING OFFICER. Is there began with some startling numbers. eral independent studies show that objection? Without objection, it is so ‘‘This morning,’’ that is Tuesday morn- this, in turn, is helping to generate ordered. ing, ‘‘a record 52 million children will greater parental involvement in the The amendment (No. 1079), as modi- walk into America’s classrooms. And education of their children. fied, is as follows: this year Americans will spend more These studies also show that charters On page 45, line 13, strike ‘‘$854,074,000’’ and than a quarter of a trillion dollars try- are effectively serving diverse popu- insert ‘‘$894,074,000’’. ing to educate them.’’ lations, particularly many of the dis- On page 85, line 19, strike ‘‘$30,500,000’’ and So when we think, as this amend- advantaged and at-risk children that insert ‘‘$70,500,000’’. ment would do, Mr. President, of tak- traditional public schools have strug- Mr. D’AMATO. Mr. President, I ask ing the $51 million the Federal Govern- gled to reach. While it is too soon to unanimous consent that this matter be ment now invests in charter schools determine what impact charter schools laid aside and be voted on at 5:30. and raising it to $100 million—a sizable are having on overall academic per- The PRESIDING OFFICER. Without jump; just about doubling it—let us put formance, the early returns in places objection, it is so ordered. it in the broader context of the quarter like Massachusetts suggest that char- Mr. D’AMATO. I thank the Chair and of a trillion dollars that is being spent ters are succeeding where it matters thank my colleagues for their patience. every year in this country to educate most, in the classroom. Mr. LIEBERMAN addressed the our children. This additional $50 mil- Perhaps the most powerful endorse- Chair. lion, I think, provides enormous hope ment of the charter school approach The PRESIDING OFFICER. The Sen- that the remaining quarter of a trillion came recently from the superintendent ator from Connecticut is recognized. dollars will be better spent. of public schools for the Seattle public Mr. LIEBERMAN. I thank the Chair. Dr. Bill Bennett went on to say that school district, who suggested that the AMENDMENT NO. 1080 these numbers alone ensure that edu- city should consider making every (Purpose: To increase funding for the Pub- cation will be at or near the top of the school in its district a charter school, lic Charter Schools Program under Part C of national political agenda, and indeed, freeing the schools of the burdens of Title X of the Elementary and Secondary in addition to this, there is greater po- the central bureaucracy, setting a se- Education Act of 1976) litical emphasis on social issues. Edu- ries of standards of accountability that Mr. LIEBERMAN. Mr. President, I cation is how many people talk about would have to be met by those who run have an amendment which I send to the condition of our children, cultural the school in a given amount of time the desk at this time. decline, and the Nation’s moral well- and understanding that the charter is The PRESIDING OFFICER. Without being. not forever. The charter is only re- objection, the pending amendments are Dr. Bennett goes on to cite a number newed if the goals set out within it are set aside. The clerk will report the of hopeful signs of reform and progress realized. amendment. occurring in our education system, in- The movement is being driven by a The bill clerk read as follows: cluding some of the superb experiments growing legion of parents, educators, The Senator from Connecticut [Mr. that are now being tried with school business leaders and community activ- LIEBERMAN], for himself and Mr. COATS, pro- choice or school vouchers, school schol- ists who are convinced that alter- poses an amendment numbered 1080. arships. But he also mentions charter natives in public education, including Mr. LIEBERMAN. Mr. President, I schools. I quote from his article. ‘‘Pub- charter schools, represent the future of ask unanimous consent further reading lic schools that are freed from many public education in America. But Con- of the amendment be dispensed with. regulations, in exchange for greater au- gress, to our credit, has made a valu- The PRESIDING OFFICER. Without tonomy and more accountability, are able contribution to the growth of objection, it is so ordered. flourishing. There are now more than charters through the Federal charter The amendment is as follows: 700 charter schools in 28 States.’’ grant program, which was authorized Mr. President, the goal of this On page 50, line 9, strike ‘‘$1,271,000,000’’ in 1994 with broad bipartisan support. I and insert ‘‘1,256,987,000’’, and on line 10, amendment is to help us open, help the was privileged to be a cosponsor of that strike ‘‘$530,000,000’’ and insert ‘‘$515,987,000’’. States, help individuals, help entre- legislation with Senator David Duren- On page 53, line 12, strike, ‘‘$310,000,000’’ preneurs open hundreds of more char- berger, the main sponsor, Senator from and insert ‘‘285,000,000’’. ter schools. This movement has quick- Minnesota. On page 59, line 12, strike, ‘‘$362,225,000.’’ ly become one of the most popular and Over the last 3 years, the Federal and insert ‘‘352,225,000, of which $40 million encouraging developments in the world charter program has helped scores of shall be made available to carry out Part A of education reform. Since the first charter schools open. What do we do? of Title X of the Elementary and Secondary charter school opened in Minnesota in We defray the costs many groups face Education Act of 1965.’’ On page 59, line 14, after ‘‘said Act’’ insert 1991, 29 States and the District of Co- in trying to start a school from ‘‘, $100,000,000 shall be available to carry out lumbia have enacted charter programs. scratch. That is what the Federal part C of Title X of the Elementary and Sec- And as children head back to school money goes to. Most States provide ondary Education Act of 1965,’’. this month, it is expected that more charter schools, and this is the case in September 4, 1997 CONGRESSIONAL RECORD — SENATE S8787 Connecticut, with a per pupil allot- ter school program. So in essence, 4:30 p.m. today, and that no amend- ment once they are in operation. But rather than cutting these three broad- ments be in order to the D’Amato charter operators have to scramble to based accounts, our amendment would amendment. cover such startup expenses as plan- simply earmark a fixed portion for a The PRESIDING OFFICER. Without ning a curriculum, leasing a building, highly effective, well-targeted, and objection, it is so ordered. hiring a staff. broadly supported program. The Senator from Indiana is recog- A survey of charter school operators The three programs from which we nized. recently conducted by the Department are shifting funding are all worthwhile Mr. COATS. I understand that short- of Education highlighted this problem efforts. But we feel strongly by ear- ly the Senator from Alaska will make showing that it was by far the biggest marking a relatively small amount a proposal that is certainly acceptable obstacle to success that charter school from them for the charter school pro- to Senator LIEBERMAN and I, and I will operators face. It is that obstacle that gram, we will be getting the most bang be very brief in my comments. this amendment intends to diminish. for the books. I am pleased to join my colleague As the charter movement expands, We are convinced that the charter from Connecticut in coauthoring and the demand for this aid will only con- movement, as charter expert Bruno cosponsoring this amendment to in- tinue to grow with it. With the number Manno of the Hudson Institute has crease funding for charter schools. of charter schools mushrooming each said, is arguably the most vibrant force Clearly, we are in a situation where I year, our ability to help them meet in public education today. It has man- think there is a growing recognition their startup costs will quickly dimin- aged to bring together parents, edu- that the status quo in our public ish, unless we increase the amount ap- cators, and political leaders from both schools is unacceptable, particularly propriated, as this amendment would parties in support of an effort to inject our public schools located in low-in- do. more choice, accountability, and com- come and urban areas. That status quo President Clinton recognized this petition into our public schools, an ef- has existed for quite some time. when he issued a challenge in the State fort that focuses first and foremost on It has been nearly 13 years since the of the Union to double the funding for performance, not process—performance President’s commission reported about the Federal charter program. That is in educating our children. mediocrity in public education. We what we do, Senator COATS and I, in I hope we can come together our- have seen numerous attempts both this amendment. selves in a bipartisan fashion, as we did through public policy and through By doubling funding for this pro- in launching the Federal charter pro- local initiatives to try to address the gram, we would help scores of new gram, to demonstrate our commitment mediocrity and improve educational charter schools make the transition to these goals by passing this amend- opportunities for our young people. We from the drawing board to the black- ment. I thank the managers of the bill have met considerable resistance from board, and provide thousands of addi- for the opportunity to speak on this the Federal Government, from the De- tional students with an opportunity to important issue, and would ask them partment of Education, because they attend one of these innovative, per- for their support. do not want to upset the status quo. formance-based programs. Moreover, Mr. President, let me discuss the Yet parents are voting with their feet we would also send a strong message to funding offsets for the Lieberman- and with considerable sacrifice and de- charter advocates and to families in Coats charter school amendment. manding at local and State levels that general that the Federal Government The Lieberman-Coats amendment change be made. They are demanding is committed to supporting the good would increase funding for the Federal alternatives. work that is happening at the State charter school grant program by $49 Senator LIEBERMAN and I have ex- and local level and that we are serious million. Here is a breakdown of how plored a possibility of vouchers for low about fundamentally improving public this amendment is paid for: $25 million income, providing parents who do not education. would come from the title VI block have a choice, a choice that most of To make sure we spend this new grant program that supports State and the rest of us have, that if their failing money wisely, Senator COATS and I local driven innovation efforts. This public school is not educating their also intend to introduce legislation would leave funding for this account at young people they would have some this fall aimed at strengthening the $285 million; $14 million would come means and wherewithal to utilize a Federal charter program. From our ex- from the Goals 2000 program. This voucher to achieve a better education. perience to date, we have learned some would leave funding for this account at This is not that amendment. This is valuable lessons about how we can im- $515.9 million, which would still an amendment that addresses another prove this program to speed the devel- amount to a $25 million increase over alternative, a viable alternative called opment of charter schools in partici- the fiscal year 1997 level; and $10 mil- charter schools that Senator pating States and to also encourage lion would come from the Fund for the LIEBERMAN has said is being more and nonparticipating States to join this Improvement of Education, a pool of more accepted throughout America. movement. The legislation we’re pre- discretionary funds administered by Even the Department of Education, in paring would use the new Federal fund- the Secretary of Education. This would releasing its first formal report on the ing to reward those States that are leave funding for this account at $40 study of charter schools, has some find- most actively moving to create char- million, the same amount appropriated ings indicating that charter schools ters. It would also tighten a few unin- for fiscal year 1997. have racial compositions similar to tended loopholes in the current law All of these programs are broad-based statewide averages, and in many cases that have allowed schools that are not efforts aimed at promoting education have a higher proportion of minority true charters to receive Federal aid reform and innovation and lifting students. So the charge that they are that was not intended for them. standards. The charter school program just for a certain race or just for the We can begin strengthening this pro- is dedicated to these same goals. So elite is not a well-founded charge. gram immediately by increasing our rather than cutting the three programs Sixty percent of public charter investment in charter schools. And listed above, the Lieberman-Coats schools are new startups rather than that is the purpose of our amendment amendment simply earmarks a fixed conversions of public and private today. To pay for this new investment, portion of these accounts for arguably schools to charter status. They enroll we are proposing shifting a relatively the most promising education reform roughly the same percent of low-in- small amount of funds from three and innovation initiative in the coun- come students on the average of other broad-based Federal programs—the try. public schools. So a lot of red herrings title VI block grant account, Goals I notice the presence on the floor of about charter schools undermining the 2000, and the Fund for the Improve- my cosponsor and Senator STEVENS as effectiveness of public schools is not ment of Education. All three of these well. I yield the floor. proven. programs are aimed at promoting edu- Mr. STEVENS. Mr. President, I ask The Hudson Institute, located in In- cational reform and innovation, which unanimous consent the vote occur on dianapolis, has undertaken a very sig- is the same exact mission of the char- the pending D’Amato amendment at nificant and comprehensive study of S8788 CONGRESSIONAL RECORD — SENATE September 4, 1997 charter schools called Charter Schools Mr. LIEBERMAN. Mr. President, I dent, or Trustee of the International Broth- in Action. Their research has involved thank the Senator from Alaska very erhood of Teamsters. visiting 14 States, 60 schools, and visit- much for his statement. The willing- (b) EXCEPTION.— (1) IN GENERAL.—Upon the submission to ing thousands of teachers and students. ness of the Senate conferees to yield to Congress of a certification by the President The key findings are that three-fifths the House on this would accomplish an of the United States that the International of charter school students rate their enormous step forward in Federal sup- Brotherhood of Teamsters does not have charter school teachers as better. Over port of the charter school movement. funds sufficient to conduct a rerun of a 1996 two-thirds of parents say the charter There is no need to take any more time election for the office of President, General school is better than the child’s pre- of the Senate. Obviously, the word of Secretary, Vice-President, or Trustee of the vious school with respect to class size the Senator from Alaska is bankable. I International Brotherhood of Teamsters, the and school size. Over 90 percent of the President of the United States may transfer thank him for that. funds from the Department of Justice and teachers are satisfied with their char- I thank my colleague from Indiana the Department of Labor for the conduct and ter school educational philosophy, and I appreciate very much another ex- oversight of such a rerun election. their size, colleagues and students. And pression of bipartisan support for this (2) REQUIREMENT.—Prior to the transfer of among students who said they were educational reform movement that is funds under paragraph (1), the International failing at their previous school, more sweeping America. With our help, it Brotherhood of Teamsters shall agree to than half are now doing excellent or will help it even more with this addi- repay the Secretary of the Treasury for the costs incurred by the Department of Labor good work. tional amount of money. The gains were dramatic, most dra- and the Department of Justice in connection I yield the floor. with the conduct of an election described in matic for minority and low-income The PRESIDING OFFICER. The Sen- paragraph (1). Such agreement shall provide youngsters, and were confirmed by ator from Oklahoma. that any such repayment plan be reasonable their parents. Mr. NICKLES. Mr. President, I wish and practicable, as determined by the Attor- In summary, the Hudson Institute to compliment and congratulate the ney General and the Secretary of Treasury, study found charter schools point to Senators from Connecticut, Indiana, and be structured in a manner that permits important ways to improve and re- and Alaska for not only their support the International Brotherhood of Teamsters to continue to operate. invent public education as a whole. The for charter schools but also for the ad- implications from the success of char- (3) REPAYMENT PLAN.—The International ditional funding, because this is a suc- ter schools indicate that successful Brotherhood of Teamsters shall submit to cess story. There are successes in com- the President of the United States, the Ma- public schools should be consumer-ori- munities all across the country. The jority and Minority Leaders of the Senate, ented, diverse results oriented and pro- number of charter schools has ex- the Majority and Minority Leaders of the fessional places that also function as ploded. I think there are over 700 now, House of Representatives, and the Speaker of media institutions in their area. and growing. the House of Representatives, a plan for the Because of the tremendous success of repayment of amounts described in para- charter schools in the past 6 years, I A lot of States are looking to see how graph (2), at an interest rate equal to the can we improve our schools, how can joined Senator LIEBERMAN in an at- Federal underpayment rate established tempt to double the funding. As Sen- we make education better. Charter under section 6621(a)(2) of the Internal Reve- ator LIEBERMAN pointed out, they offer schools have been a proven success. nue Code of 1986 as in effect for the calender great accountability, broader flexibil- I compliment my colleagues for bi- quarter in which the plan is submitted, prior partisan work in making a real addi- to the expenditure of any funds under this ity for classroom innovation, and ulti- section. mately more choice in public edu- tion to a proven success story and im- Mr. NICKLES. Mr. President, the cation. proving education. amendment I send to the desk on be- Senator LIEBERMAN and I have ad- AMENDMENT NO. 1080 WITHDRAWN dressed what we think are some offsets Mr. LIEBERMAN. Mr. President, I half of myself and Senator JEFFORDS is to provide for this doubling of funding ask unanimous consent to withdraw an amendment that deals with the po- to encourage charter schools. There the amendment. tential rerun of the 1996 Teamsters has been some concern about where The PRESIDING OFFICER. The election. I think most of my colleagues that funding comes from. I think there amendment is withdrawn. are aware the Teamsters election, are some creative, innovative, and use- The amendment (No. 1080) was with- which was held in 1996, has now been ful offsets, but it would engender con- drawn. held invalid, at least by the adminis- trator overseeing the election who de- siderable debate and discussion and AMENDMENT NO. 1081 might undermine this effort. Senator termined that there was fraud, that (Purpose: To limit the use of taxpayer funds there was corruption, and that there STEVENS has found, I think, a very ac- for any future International Brotherhood ceptable way to address this, and I ap- of Teamsters leadership election) needed to be another election. She has now made that petition before the U.S. preciate his involvement and his ef- Mr. NICKLES. Mr. President, I send district court. The court will rule on forts and his support for this. an amendment to the desk and ask for that. My guess is she will probably With that, I thank my colleague, its immediate consideration. order another election. Senator LIEBERMAN from Connecticut, The PRESIDING OFFICER. The for his initiatives, and I am pleased to The purpose of this is to ensure that pending amendments are set aside. taxpayers won’t pay for the next elec- join him in this. The clerk will report. I yield the floor. tion. To give my colleagues a little his- The bill clerk read as follows: Mr. STEVENS. Mr. President, this tory of how the U.S. taxpayers paid for pending Lieberman-Coats amendment The Senator from Oklahoma [Mr. NICK- the last one, I have heard estimates of is a good one. We see no reason to take LES], for himself, and Mr. JEFFORDS, proposes around $22 million. I also heard more an amendment numbered 1081. further time on it because the House than $22 million, maybe higher or clos- bill does have the $75 million for char- Mr. NICKLES. I ask unanimous con- er to $28 or $29 million, but the tax- ter schools. The effect of this amend- sent reading of the amendment be dis- payers paid millions of dollars, $20 mil- ment would be to increase it to that pensed with. lion-some for the 1996 Teamsters elec- amount. The PRESIDING OFFICER. Without tion. It is the intention of the chairman of objection, it is so ordered. Now it seems that the Federal over- the subcommittee, Senator SPECTER, to The amendment is as follows: seer of that election says it was not notify the House that in conference we On page 25, between lines 9 and 10, insert fair, it was not right, there was corrup- will recede to the House on this item. the following: tion, it needs to be held over again. I appreciate the indulgence of the SEC. . (a) IN GENERAL.—Except as pro- The purpose of this amendment is to two Senators, Senator LIEBERMAN and vided in subsection (b), none of the funds say that taxpayers will not pay for it made available under this Act, or any other COATS, and ask under the cir- again. I might mention, somebody said Act making appropriations for fiscal year cumstances that they accept our word 1998, may be used by the Department of why would taxpayers pay for it in the that will be the amount of money pro- Labor or the Department of Justice to con- first place? Mr. President, 99 percent of vided for charter schools under this bill duct a rerun of a 1996 election for the office all union elections that are held in this when it comes out of conference. of President, General Secretary, Vice-Presi- country, the U.S. taxpayer does not September 4, 1997 CONGRESSIONAL RECORD — SENATE S8789 pay for. There was a 1989 decree with The PRESIDING OFFICER. Without mination of over 30 years of effort to the Teamsters and the Justice Depart- objection, it is so ordered. eliminate organized crime from the ment entered into in 1989 that called Mr. KENNEDY. Mr. President, just leadership of the Teamsters Union. for the elections both in 1991 and 1996. for the benefit of the membership, to Congress has been heavily involved in The 1991 election, I might mention, had describe where we are, the amendment that process. From the McClellan com- oversight by the Federal Government that I have offered would include the mittee hearings in 1957 to the Senate but was not paid for by the Federal Nickles amendment, but it would also permanent subcommittee investigation Government. Actually, the Teamsters add to the Nickles amendment: ‘‘Noth- hearings in 1994, we have worked to re- paid for the 1991 election. ing in this section shall be construed to duce the influence of organized crime With Federal Government oversight, affect the obligations of the United in the union and in the industry where no allegations of improprieties or cor- States under the consent decree’’ en- its members work. ruption were made. It was a good elec- tered into in United States v. Team- In 1988, the Justice Department, tion. The 1996 election, however, pro- sters, decided in 1989.’’ under President Bush, sued the Team- vided for in the decree, provided that So, effectively, the Nickles amend- sters under the Federal racketeering the taxpayers would pay for the 1996 ment would be perfected with the Ken- laws. The charge was that the union election. Now the overseer of that elec- nedy amendment. All we are saying was dominated by organized crime. tion said, wait a minute, there was with the Kennedy amendment would be That was settled in 1989. The court-ap- fraud, we will have to have another that nothing in the Nickles amend- proved consent order was designed to election. ment would eliminate the obligations rid the union of officers with ties to or- The purpose of this amendment is, of the United States that was a part of ganized crime and to create a new, let’s not pay for it, let the Teamsters a consent decree that was signed in open and democratic structure in the pay for it. Somebody said, well, maybe 1989 because we are not operating in a union. The consent order provided that they do not have the money, it could vacuum here today with regard to the the 1991 election for Teamster offices cost several million. I heard it could Teamsters elections. We are basically would be supervised by a court-ap- cost $10 million, it might cost $20 mil- operating on the basis of a consent de- pointed election officer. The consent lion. Who knows? I think they will be cree that was signed by the previous order also required the 1996 election to more frugal if they are paying for it. administration, signed by the Bush ad- be supervised by the election officer. Certainly, they are capable of paying ministration, and supported by the Let me quote the union-defendant’s for it. In the event they do not have Bush administration. consent to the election officer, at Gov- ernment expense, to supervise the 1996 the money, our amendment allows for All that we are saying is that what- elections on page 16 of the consent the taxpayers to pay for it, but we have ever decision that is going to be made, order: to be paid back. or whatever language would be in- Again, I think taxpayers did not get cluded in the Nickles amendment, it In accord with that decree, the election of- ficer supervised the ’96 election, at Govern- their money’s worth out of the 1996 will not be contrary to what was agreed to by the United States, agreed ment expense. Late last month, the officer election. If you paid $20 million-some ruled that the ’96 election must be rerun be- and you find there was rampant cor- to by the U.S. Government and the pre- cause of irregularities committed by con- ruption, fraud, and abuse to the extent vious administration and adhered to by sultants to one of the candidates. The elec- we have to have another election—we the courts. We don’t know what the fu- tion officer specifically refused to find that should not let that happen again. ture is going to bring with regard to any union officer or member committed any So, that is the purpose of my amend- any potential future election or what misconduct and noted that Teamster Presi- dent Ron Carey cooperated with the election ment. I think it is a fair amendment. It the allocation of responsibility would be in terms of who would be responsible officer in a manner inconsistent with guilt. is in accord with the 1989 decree or- Under the consent order, the Federal court dered in the past. I urge my colleagues to pay for various aspects of the elec- must formally order any rerun election that to support this amendment. tion. We don’t prejudge that. All we are is held. The court’s decision will be issued I ask for the yeas and nays. saying is that nothing in the Nickles later this month. The PRESIDING OFFICER. Is there a amendment will, in any way, under- It is the consent order that obligated sufficient second? There is a sufficient mine the responsibilities of the United the Government to pay for the 1996 second. States, which I believe is a solemn election. Under the consent order, any The yeas and nays were ordered. agreement and a solemn commitment, rerun of that election ordered by the The PRESIDING OFFICER. The Sen- and that has been accepted in the election officer should be Government- ator from Massachusetts is recognized. courts of law by the United States. funded. Yet, this amendment asks the Now, Mr. President, this amendment, AMENDMENT NO. 1082 TO AMENDMENT NO. 1081 Government to walk away from that I believe, is basically a transparent at- Mr. KENNEDY. Mr. President, I send clear obligation. If passed, the amend- tempt to punish the Teamsters Union an amendment to the desk. ment would order the Government to for winning the UPS strike, and it The PRESIDING OFFICER. The subject itself to a contempt proceed- doesn’t deserve really to pass. This clerk will report. ing. These financial obligations were The assistant legislative clerk read issue is no light matter. The amend- entered into by a Republican-con- as follows: ment would require the Federal Gov- trolled Justice Department and a Re- ernment to abdicate its responsibility publican administration. They were The Senator from Massachusetts [Mr. KEN- under the court-approved consent or- NEDY] proposes an amendment numbered 1082 part of a comprehensive and successful to amendment No. 1081. dered and signed by the Justice Depart- effort to root out organized crime from The amendment is as follows: ment under the Bush administration. If the Teamsters Union and restore demo- the Federal Government abdicates this At the end thereof, insert the following: cratic process to that union. (c) Nothing in this section shall be con- responsibility, it could be subject to It is an outrage to ask Congress to strued to affect the obligations of the United contempt proceedings in the Federal abdicate our responsibility to help in States under the consent decree in United court. eliminating corruption in this union. States v. International Brotherhood of Team- The amendment would deny Federal The heart of this amendment is an at- sters, 88 Civ. 4486 (DNE) (S.D.N.Y.), or any funds to oversee the forthcoming tempt to punish the Teamsters for court orders thereunder. Teamsters election, which had been or- their extraordinary success in the re- Mr. KENNEDY. I suggest the absence dered after the 1996 election was nul- cent UPS strike, in which the Team- of a quorum. lified by the Government-appointed sters won 10,000 more permanent jobs The PRESIDING OFFICER. The election officer. That election was paid for their members, improved benefits clerk will call the roll. for by Federal dollars. The Federal for all 185,000 UPS employees, and sen- The assistant legislative clerk pro- Government agreed to fund that elec- sitized the entire Nation to the gross ceeded to call the roll. tion under a 1989 consent order in the abuses in many workplaces that force Mr. KENNEDY. Mr. President, I ask Federal court of New York City that hard-working men and women into unanimous consent that the order for resolved a racketeering suit brought by part-time jobs with lower wages and the quorum call be rescinded. the Government. The suit was a cul- lower benefits than they deserve. S8790 CONGRESSIONAL RECORD — SENATE September 4, 1997 Some of our Republican friends may Mr. WARNER. Mr. President, I ask true in any trial. I used to be an assist- believe the Teamsters should be pun- unanimous consent that the order for ant U.S. attorney for 4 or 5 years, and ished for these gains. I believe that the quorum call be rescinded. I have tried many cases. But I can they deserve praise instead of punish- The PRESIDING OFFICER. Without judge witnesses fairly well based on ment. I urge my colleagues to give our objection, it is so ordered. that experience. I say on the whole the amendment the kind of support that it f witnesses were forthcoming in their deserves. oral testimony. THE ELECTION IN LOUISIANA Mr. NICKLES. Will the Senator yield Likewise, we issued subpoenas duces for a question? Mr. WARNER. Mr. President, I was tecum for records. We have in the pos- Mr. KENNEDY. I am glad to. distressed yesterday to hear comments session of the Senate now some four to Mr. NICKLES. In looking at your on the floor relative to the duty of the six cartons of records as a consequence amendment, you said that nothing in U.S. Senate under the U.S. Constitu- of those subpoenas issued in August. this section should be construed to af- tion to determine—and we have the Most of those records relate to the fect the obligations under the consent sole authority under the Constitution gambling industry, which, according to decree. I might agree to that part. But to determine—the issues as relating to official records, put anywhere from $10 then you also add, ‘‘or any court orders the presence or absence of that degree to $15 million into the elections taking thereunder.’’ What do you mean by of fraud or other conditions that would place on December 5 or 6 of 1996 be- that last few words? affect the outcome of the election in cause there was a referendum that af- Mr. KENNEDY. I would expect that Louisiana. The subject has been dis- fected the gambling industry. They had what we would include in that is any cussed many times on the floor. a right to participate and contribute court orders that would be related As chairman of the Rules Committee, money to foster their interests in cer- under the consent decree or that would I have overall responsibility for the di- tain votes as related to the referen- be related to the consent. Is there rection and the daily conduct of this dum. something in particular—I would be investigation. I will later today either But anyway, that is a voluminous glad to attempt to define that, if the address the Senate or put in the amount of record material that must Senator has some particular concerns RECORD a detailed accounting of every- be gone over carefully by Senate staff in some particular way. But it seems to thing that I, the staff of the commit- and such other adjunct support as we me to be fairly clear. Any of the orders tee, and others have done since the last can get from the GAO. Much to my dis- that would be a part of that consent time I reported to the Senate with re- appointment, and despite the efforts of decree. Now that we are retained and gard to this very important case. But I the distinguished majority leader, my- we are within the consent decree, there wish to assure my colleagues that self, and others, the FBI pulled out would be any of the court orders with while I regret that the Democrats de- when the Democrats left. That left us regard to the various elections. And I cided to walk out on the investigation short-handed in the nature of support. would expect that as we did before, we that the Republican majority of the But we are doing our best. And despite would want to comply with the consent committee, and specifically myself, we the efforts of majority leader, myself, decree in those areas. have continued to fulfill what I and and others, the FBI still has not come Mr. NICKLES. I am just trying to others regard as the bottom-line re- in to give any further help. help a little bit. If the Senator will sponsibility of the U.S. Senate, and All of this is to say the buck stops drop those last few words, I might that is to go and look at every reason- with me as the chairman. And I can, in agree to his amendment, because I able source of potential evidence as it clearest of conscience, report to my think our amendment is consistent relates to fraud in this election. This colleagues that I feel that the Rules with the consent decree. But I may be has taken a great deal of time. I recog- Committee, its staff, and the Repub- overly interpreting. I don’t know ex- nize that it has stressed the patience of lican Senators participating are fulfill- actly what the sentiment is for ‘‘or any many. ing the exact requirement placed upon court orders thereunder.’’ But it might But if you look historically, as I have us by the U.S. Constitution. be hoped by the Teamsters, or some- done, at comparable situations when I urge that the Members of this body thing, they could go to court and find the U.S. Senate has been faced with the continue to allow that work to be done some court that would say, yes, the election problems, this case thus far is in an orderly fashion as best we can, Federal Government should pay for a relatively short in duration. Many given the extraordinary handicaps we rerun election. That is not covered. have gone for as much as 18 months to have, both financial, time and I might tell my colleague that I have over 2 years. staffwise, to do our work, to go over done a little homework on this. The It is my hope and my expectation the records we have. rerun is not covered by the consent de- that we can conclude this work in a I announced in Louisiana it would be cree. There certainly is no obligation reasonable period of time. Under the my judgment, subject to concurrence for taxpayers to pay for reruns, which leadership of our distinguished major- of other members of the committee, to is not consistent with the statement of ity leader and, indeed, some on the have at least one more hearing, this the Senator from Massachusetts. That, other side of the aisle, we were very time here in the Rules Committee I think, is factual. near to an agreement whereby both room, at which time the gambling in- So my point is, if the Senator would sides concurred that this matter could dustry would be subpoenaed to come delete those last few words ‘‘or any be concluded before late September— and explain in detail the voluminous court orders thereunder,’’ I think I this month. That fell by the wayside, amount of records we now have before could accept his amendment. and I was then given the authority at us. We need to ascertain whether or Mr. KENNEDY. If there was any long last, although I had asked a num- not this sum of money, ranging from court order affecting the 1996 elections ber of times—it had been denied by the $10 million to $15 million, was expended of Teamsters officers—I would like to Democrats—the authority to issue sub- in a proper way in accordance with try a short quorum call to make sure poenas. I received that authority from Federal and State law, or in fact did that would be language, which I think the committee. Subpoenas were some of it slip into areas which could appears to be to the Senator’s point, promptly issued. And I went to Louisi- have generated fraud and, indeed, af- and I think it would meet the objec- ana on two occasions and each time fected the outcome of this election tives. But maybe we could suggest a conducted 2 full days of hearings. I re- through fraud. short quorum call to make sure that peat, 2 full days; 4 full days thus far of So, Mr. President, I see the majority we have the language that conforms to hearings in Louisiana. leader now at this time and I, due to both of our understanding. In response to those subpoenas, indi- time constraints, have to stop my re- I suggest the absence of a quorum. viduals without exception came in, marks, but I will put in the RECORD The PRESIDING OFFICER. The some voluntarily. Those individuals re- today, either orally or insert a more clerk will call the roll. sponded in large measure to the best of complete dissertation, exactly what we The assistant legislative clerk pro- their knowledge to each and every have done. ceeded to call the roll. question. Some equivocated. That is Mr. LOTT addressed the Chair. September 4, 1997 CONGRESSIONAL RECORD — SENATE S8791 The PRESIDING OFFICER. The ma- the D’Amato amendment to the Labor, approach for committee meetings for jority leader is recognized. HHS appropriations bill, and I now ask however long it takes until it is re- f unanimous consent the Senate stand in solved. We simply cannot tolerate the recess until 4:30 p.m. today. unnecessary and political effort to pro- ORDER OF PROCEDURE Mr. DASCHLE. Mr. President, reserv- long this investigation further, and we Mr. LOTT. For the information of all ing the right to object. have no other recourse but to take the Senators, our Democratic colleagues The PRESIDING OFFICER. The action we have, and so for that reason are objecting today to permission for Democratic leader is recognized. I object. two committees to meet during the Mr. DASCHLE. Mr. President, it is The PRESIDING OFFICER. Objec- pendency of this session. The Agri- with great reluctance that we come to tion is heard. culture Committee began meeting at 9 this point, but I think it is important Mr. LOTT. Mr. President, I want to a.m. this morning to discuss rural and for us to remember from where it is we make sure that the—first of all, I do agriculture credit issues. Yet, as a re- have come and how it is we got here. I not think—— sult of that objection, or the objection will not elaborate in the detail at this Mr. DASCHLE. I do not intend to ob- we heard on that committee meeting, point except to say this: ject to the unanimous-consent request they had to abruptly end their meeting This was a bipartisan investigation propounded by the majority leader, and at 11:30 this morning. during the first phase. I recall to my I apologize for it. I object to this proc- The Environment and Public Works colleagues during that phase we asked ess. I do not want to have my objection Committee is scheduled to meet at 2 the same attorneys who were involved construed as an objection to the UC p.m. today, and I want to take some in the last contested election—that is, propounded by the majority leader. action here momentarily that will Senator FEINSTEIN and her opponent, Mr. LOTT. Mr. President, I regret allow them to, in fact, begin their Mr. Huffington—to examine the cir- that we have to take this action in hearing to discuss the Superfund cumstances of this particular race. order to get our business done on a Cleanup Act. Permission for them to They did. They recommended a certain very important environmental issue. meet was also objected to by the Demo- course of action, and the majority on This sort of selective hit certainly, I crats. It is my understanding that the Rules Committee chose to ignore think, would not be in the best inter- prominent witnesses have flown in it. ests of the legislative process of the from all over the country to appear be- They then set in motion a second Senate. We want to get Superfund leg- fore the Environment and Public phase for investigation. That investiga- islation considered by the committee Works Committee to discuss this vital tion also was bipartisan. That inves- to the floor. We want to hear from wit- environmental issue, what can we do to tigation took the course of a couple of nesses such as the Governor of Ne- reform Superfund so the lawyers don’t months and came back again on a bi- braska and citizens who are affected by clean up but we clean up hazardous partisan basis with recommendations this. It seems to me the normal way of waste sites across America in most that again were ignored by the major- doing business around here is that is every State in this Nation. ity. allowed to happen. Included in the group that was to It was with increasing frustration Mr. President, the saber rattling has come to testify is the Governor of Ne- that Democrats warned our Republican begun. After bipartisan cooperation by braska. He is scheduled to be intro- colleagues that we could not tolerate Senate Democrats and Republicans duced momentarily by one of the Sen- this endless abrogation of the regular over the past several months, it seems ators from Nebraska. That testimony order, this bipartisan effort to come to as though the Democrats have now re- would certainly be key with respect to some conclusion on this investigation. turned to the preening and posturing of the Superfund Act in that State. With some reluctance, we continued The objection lodged by the Demo- politicians more interested in blocking to work and ultimately indicated that crats would deny that meeting from and obstructing the other side than taking place unless the Senate were to beyond the end of July we were simply concern for the interests of the Amer- recess. I regret that the Senate must not in a position to tolerate unneces- ican people. recess in the middle of the day while sary elongation and the increasingly Senate Democrats have effectively discussing a very, very important piece partisan nature of this investigation withdrawn from the bipartisan spirit of of legislation, the Labor and Health and put our colleagues on notice that negotiation and compromise that has and Human Services appropriations it must end. We indicated that if it had been evidenced regarding the budget bill. We were, I thought, committed to not ended by the time we came back and tax bills recently enacted by the working together in completing the ap- after the August recess, we would have Congress. Mr. President, the minority propriations process, especially a bill no recourse but to add increasing pres- is, in effect, threatening to shut down like this. While there are still some sure to the process to bring about some the effective operation of the Senate. amendments pending that are of great end. Now, they can call it selective coopera- interest and perhaps even controver- Now, this may or may not bring tion or some other slick phrase that sial, we have made progress, and I about an end. I am disappointed and seeks to skirt the truth of the matter, think we could finish it up tonight somewhat alarmed that the chairman but the American people are too smart with a little effort. of the Rules Committee has now an- for these word games, or, in Washing- Unfortunately, this objection will nounced further hearings and further ton speak, for deceptive political spin. only delay the consideration and pas- efforts to prolong this—in my view, Let me state, positively, that we are sage of the Labor, HHS appropriations completely unnecessarily. It would be more than willing to continue the spir- bill. Our colleagues from the other side one thing if evidence had been pro- it of bipartisanship to achieve signifi- of the aisle have stated that ‘‘there is duced to suggest in some way some cant accomplishments on subjects of no intention to interrupt the business wrongdoing on the part of Senator importance to the American people. of the Senate, which is to pass these LANDRIEU, but that has yet to be pro- For example, we are more than willing appropriations bills. There is no one duced. In fact, just the opposite. If any to work through the Appropriations out there objecting to the work on wrongdoing, anything related to bills, through ISTEA, and through de- those appropriations bills.’’ Yet, the wrongdoing has been found, it has been bate on the many other matters pend- Democratic objection to the Environ- with regard to her opponent, Mr. Jen- ing before the Senate. But it is going ment Committee meeting today on kins. That is where the wrongdoing be- to take cooperation and good faith on Superfund in fact does interrupt the comes increasingly evident as we look both sides, including the Members of business of the Senate. I truly regret closer and closer at this case. the minority. the action taken by our colleagues here So, Mr. President, I must say we will That good faith and cooperation is today and hope this will not become a continue to insist that committees now missing on the part of the minor- practice by Members on the minority meet for no longer than 2 hours as long ity. The subject of the investigation side of the aisle. as this situation continues. If it takes into the election in Louisiana involves Having said all of that, by consent a a month, I will put my colleagues on a duty of the Senate—of every Member vote is scheduled at 4:30 p.m. today on notice that we will use this selective of the Senate—to fully, thoroughly, S8792 CONGRESSIONAL RECORD — SENATE September 4, 1997 and completely investigate the conduct Mr. WARNER. I will be brief. I thank DEPARTMENTS OF LABOR, of such elections where the integrity the majority leader. I thank both lead- HEALTH AND HUMAN SERVICES, and result of the election is legiti- ers. AND EDUCATION, AND RELATED mately called into question. The mi- AGENCIES APPROPRIATIONS The PRESIDING OFFICER (Mr. nority is refusing to allow—in fact, is ACT, 1998 SANTORUM). The Senator from Virginia. actively obstructing—the Senate from The Senate continued with the con- conducting a thorough and complete Mr. WARNER. I want to assure the sideration of the bill. Senate that I said in Louisiana, as I investigation of the election in Louisi- AMENDMENT NO. 1079, AS MODIFIED ana. concluded the second hearing—and we The PRESIDING OFFICER. The Sen- If the minority wishes to prevent the had a total of 4 days of hearings—it ator from Pennsylvania. Senate from living up to its duty re- would be my intention to come back Mr. SPECTER. Mr. President, I ask garding this election contest, and wish- and recommend to the Rules Commit- unanimous consent that Senators STE- es to prevent the Senate from consider- tee and the leadership of the Senate VENS and GRAMS be added as cosponsors ing these important matters that I that I have another hearing, at which to amendment No. 1079 to S. 1061. have noted and to shut down the Sen- time we will assess in specific the volu- The PRESIDING OFFICER. Without ate, then the minority must assume minous amount of record material now objection, it is so ordered. the responsibility for the consequences. in our possession from the gambling in- Mr. SPECTER. Mr. President, I ask Mr. President, good faith and coopera- dustry and that within a period of per- unanimous consent I be permitted to tion is a two-way street. We believe haps a week after that I would schedule speak for up to 3 minutes on the pend- that it is important to conduct and a second meeting, at which time I ing D’Amato amendment. The PRESIDING OFFICER. Without complete this election investigation in would give to the full Committee on objection, it is so ordered. a thorough and complete manner. We Rules all of the evidence, my own as- are bound and determined that the in- Mr. SPECTER. Mr. President, I sup- sessment, and then entertain such res- vestigation will be completed despite port the amendment by Senator olutions as I or other members may obstructionist tactics. I urge the mi- D’AMATO to add funding for the support wish to submit. nority to recognize the importance of services for seniors to the additional this subject and the essential place That I think can be done within a 3- funding. They perform a very vital that good faith plays in this legislative week period of time, as I roughly out- service as places for seniors to gather process. I urge the minority to assist lined this morning to my distinguished and to have their meals and to carry us in completing this important inves- leader. But I decided on that schedule out the purposes of the legislation to tigation and to work together with us 10 days ago. improve the quality of life in the gold- en years; and especially in the context in good faith to address the many other Now, I say to you that thus far there subjects which are important to the where senior benefits have come under has been no evidence which, in the American people. such attack, so much concern that I judgment of this Senator, has im- I will sum it up this way. This is not heard, for example, in my travels pugned Senator LANDRIEU, but that is the way to get the investigation by the through Pennsylvania, where there is not the underlying issue. It is whether Rules Committee concluded. In fact, it concern about the solidity of Social Se- or not there were other factors in this will cause difficulty and will probably curity and what is happening with delay it. The goal is not—there is no election which could have affected the Medicare. I believe it is a wise course way we could just say, OK, it is over outcome as a consequence of criminal to make an allocation from adminis- right now. The intent of the chairman fraud. And I have said, much to the dis- trative costs across the board, to add is to have a hearing, to see what evi- couragement of many, that thus far, the funding in the D’Amato amend- dence they have found during the Au- after the first hearing in Louisiana, ment. gust recess, and I presume to have a there was no body of evidence which I We have funded, last year, some meeting at some point to decide what felt could meet that burden. $300,556,000. The administration made a request to cut that funding to action, if any or none, is to be taken. I cannot make the same statement We will conclude this. We have had to $291,375,000. Our Senate markup, agreed after the second hearing in Louisiana, to by Senator HARKIN and myself in proceed, frankly, without the coopera- because I haven’t had the opportunity tion of the Democrats. I have been in our committee and in the full commit- to assess four boxes of information. tee, was $305,556,000. So, instead of Congress 25 years. I have never, never, But we are proceeding, although handi- ever before seen one party or the other, dropping the amount by more than $9 capped, as expeditiously as we can. I million as the administration had re- either party, walk out on a commit- have always been absolutely objective tee’s investigation or activities, even quested, we put an additional $5 mil- and fair about my pronouncements in though there have been many, many lion in. On reflection, hearing the argu- this case and my assessment of the evi- investigations, several in which I was ments of the Senator from New York, dence. But until such time as we have involved. Senator D’AMATO, I think that the ad- looked in every area where potentially dition of this $40 million is well placed, When I can look my colleagues in the that quantum of fraud which could so I lend my voice in support of the Senate and the American people in the have affected the outcome of the elec- pending amendment. eye and say we have looked at this and tion might have occurred, I cannot say Mr. President, I note the presence of we have found out as best we could— the Senator from New York on the with the lack of help from the FBI, for this investigation would be complete. I do believe the work that needs to be floor. I see him reaching for the micro- instance, in most instances—we have phone. concluded what happened or did not done under my leadership can be con- cluded in the third week of September. The PRESIDING OFFICER. The Sen- happen, and we in good conscience can ator from New York. say that, when I can do that, then we f Mr. D’AMATO. Mr. President, let me will conclude it. I can’t do that right thank the chairman of this committee, now. Senator SPECTER. As I indicated before, But rather than engaging in extended RECESS this is a most difficult, difficult task, debate at this time, there will obvi- Mr. LOTT. Mr. President, I renew my the management of scarce resources for ously be other opportunities to do that Labor, Health, and Human Services, request that the Senate recess until and—— with the demands from the various the hour of 4:30. Mr. WARNER. Mr. President, could I communities for additional funding for have, say, a minute and a half? There being no objection, the Senate, medical research, the scarceness of re- Mr. LOTT. Mr. President, I will yield at 2:12 p.m., recessed until 4:30 p.m.; sources, and the difficult time in the the floor at this point, but I do hope we whereupon, the Senate reassembled allocations. His support is greatly wel- can be brief so we can get the commit- when called to order by the Presiding comed in this area. I am deeply appre- tee started. Officer [Mr. HAGEL]. ciative. September 4, 1997 CONGRESSIONAL RECORD — SENATE S8793 Mr. GREGG. Mr. President, as Chair- in funding to the services provided by implementation, and administration of man of the Aging Subcommittee, I the Older American’s Act. voluntary national testing for individ- have spent a great deal of time con- Mr. SPECTER. Mr. President, I think ual students in mathematics and read- centrating on how to improve the ways we are ready to proceed now to the ing is important for several reasons. the nutrition programs and senior serv- vote. Requiring a Federal statute would im- ices that are part of the Older Ameri- The PRESIDING OFFICER. The pede cooperative efforts to ensure that cans Act. I appreciate the work of the question is on agreeing to the amend- children in every State have the nec- Senator from New York on this related ment of the Senator from New York, essary knowledge and skills to be com- funding issue. amendment No. 1079, as modified. petitive in today’s highly mobile and In March 1995, I was pleased to have The yeas and nays have been ordered. globally conscious society. New Hampshire meals provider Debbie The clerk will call the roll. Put simply, we need voluntary test- Perou-Hermans come to Washington to The legislative clerk called the roll. ing because we cannot ascertain where testify before the Aging Subcommit- Mr. NICKLES. I announce that the we are going if we do not know where tee; she emphasized the role these pro- Senator from Alaska [Mr. MURKOWSKI] we are. grams play for our seniors in New is necessarily absent. Parents need to know how their Hampshire and across the Nation. I Mr. FORD. I announce that the Sen- child’s educational achievement level also know that what we accomplish ator from New Mexico [Mr. BINGAMAN] in reading and mathematics compares through the funds spent on other senior and the Senator from Ohio [Mr. GLENN] with that of other children nationwide. services—such as supporting con- are necessarily absent. Because families are relocating with gregate centers, transportation serv- The result was announced, yeas 97, increasing frequency these days, chil- ices, and health programs and counsel- nays 0, as follows: dren need to feel confident that they ing—is vital to the meeting the re- [Rollcall Vote No. 216 Leg.] can perform at a consistent level of quirements of this population. YEAS—97 achievement even though they may change school districts. These tests I think it is important to note, in ad- Abraham Feingold Lugar dition, that this program has several Akaka Feinstein Mack would empower parents by providing other important qualities: The Older Allard Ford McCain them with the same information that Ashcroft Frist McConnell Members of Congress receive from Na- Americans Act requires the States to Baucus Gorton Mikulski invest in these critical services; it has Bennett Graham Moseley-Braun tional Assessment of Educational a great track record for leveraging pri- Biden Gramm Moynihan Progress. Parents deserve to know this vate funds; and it generally makes its Bond Grams Murray information so that they can make the Boxer Grassley Nickles best decisions regarding their child’s services available to all seniors, many Breaux Gregg Reed of who are suffering from the chal- Brownback Hagel Reid well-being. Also, there is considerable lenges of social isolation, not just Bryan Harkin Robb public support for national testing. A Bumpers Hatch Roberts those in financial need. Need wears recent Phi Delta Kappa/Gallup poll Burns Helms Rockefeller showed that 67 percent of Americans many faces in America. Byrd Hollings Roth I believe that we should work hard to Campbell Hutchinson Santorum favored using standardized national ensure that the benefits are maximized Chafee Hutchison Sarbanes tests to measure the academic achieve- Cleland Inhofe Sessions through more flexibility in the funding ment of students. Coats Inouye Shelby Furthermore, there is a demand for of needed services, to be certain that Cochran Jeffords Smith (NH) the tests among teachers, principals, the decisions about how and where Collins Johnson Smith (OR) Conrad Kempthorne Snowe State school officials, and school these dollars are being spent are made Coverdell Kennedy Specter boards. States and school districts with at the State and local level. That will Craig Kerrey Stevens over 20 percent of fourth- and eighth- be the goal of the reauthorization bill D’Amato Kerry Thomas graders in the Nation have committed that I am assembling which will be Daschle Kohl Thompson DeWine Kyl Thurmond to using the tests. Let me stress that based on the bill I introduced in the Dodd Landrieu Torricelli committing to voluntary national test- 104th Congress. Domenici Lautenberg Warner ing does not mean committing to a na- However, I would like to quickly ask Dorgan Leahy Wellstone tional curriculum. Local education au- a question of my colleague from New Durbin Levin Wyden Enzi Lieberman thorities will determine how to use the York, Senator D’AMATO. You stated in Faircloth Lott results. The tests simply give them the your introductory remarks that your NOT VOTING—3 tools to do their jobs better. goal is to increase the availability of Bingaman Glenn Murkowski Mr. President, we in Congress should services to our seniors through the in- be doing all that we possibly can to en- The amendment (No. 1079), as modi- fusion of this additional $40 million. sure that America’s children have the But I do not note any specific assign- fied, was agreed to. Mr. D’AMATO. Mr. President, I move very best opportunity to excel in a ment of these funds. Would the Senator technologically advanced 21st century. to reconsider the vote by which the clarify again for me his intention to But we have to know where our chil- ensure that these dollars are spent on amendment was agreed to. Mr. SPECTER. I move to lay that dren stand so that we can move for- services that are proven to be effective ward. Research has shown that high motion on the table. and efficient, and not to pad the ad- academic standards generate high aca- ministrative accounts over at the Ad- The motion to lay on the table was agreed to. demic performance. Our children de- ministration on Aging, or to allow serve no less. them funds to try new things? AMENDMENT NO. 1071 Mr. DOMENICI. Mr. President, I rise Mr. D’AMATO. I would like to assure Mr. KERREY. Mr. President, I be- in support of the bill, S. 1061, the the Senator from New Hampshire that lieve that in order to achieve a goal, we Labor, Health and Human Services, my intention is to put this $40 million must set the goal, commit the nec- Education and related agencies appro- in to those services that we know are essary resources to reaching the goal, priations bill for fiscal year 1998. making the lives of our seniors and establish a method for measuring The bill provides $236.4 billion in new healthier and more independent. In- our progress toward that goal. Vol- budget authority and $188.6 billion in deed, at the same time this amendment untary national testing would enable new outlays for programs of the De- seeks to bring more resources into ef- us to reach our goal of raising the partments of Labor, Health and Human fective services for the elderly, it also achievement levels of America’s chil- Services, and Education and related reduces funding from administrative dren. agencies. accounts. I share the Senator’s interest I oppose the Coats Amendment be- When adjustments are made for in both getting needed services to our cause it deprives parents, school ad- prior-year outlays and other completed seniors and in reducing overhead costs. ministrators, teachers, and students of actions, the bill as adjusted totals Mr. GREGG. Then I am pleased to the information needed to continue the $286.3 billion in budget authority and have the opportunity today to support work of constructive education reform. $285.2 billion in outlays for fiscal year the Senator from New York’s increase Funding for the development, planning, 1998. S8794 CONGRESSIONAL RECORD — SENATE September 4, 1997 The committee-reported bill is with- S. 1061, LABOR-HHS APPROPRIATIONS, 1998, SPENDING think my amendment is somewhat the in the subcommittee’s revised 602(b) al- COMPARISONS—SENATE-REPORTED BILL—Continued same. I thought maybe we would be location just filed with the Congress’ [Fiscal year 1998, in millions of dollars] able to dispose of our amendment in a return. short period of time and have a clear Non- There are several items for which the De- de- Crime Manda- Total vote on our amendment that would try Senator from New Mexico would like to fense fense tory to make sure that taxpayers would not express appreciation. One item is con- Outlays ...... ¥83 ...... ¥83 have to pay for the Teamsters’ election tinued funding for Hispanic Serving In- President’s request: twice. Budget authority ...... 6,533 84 ...... 6,617 ENNEDY stitutions. With a slight increase over Outlays ...... 1.355 17 ...... 1,372 Senator K came up with a the 1997 level, the bill retains this pro- House-passed bill: very clever amendment, and I am still gram as separate from the Strengthen- Budget authority ...... ¥311 ...... ¥311 trying to figure out what the net im- Outlays ...... ¥9 1 ...... ¥8 ing Institutions program. In addition, I pact would be. I still do not know. I Note: Details may not add to totals due to rounding. Totals adjusted for appreciate the committee’s willingness consistency with current scorekeeping conventions. have the greatest respect for my col- to continue funding PATH grants for league. That is one of the reasons I am the homeless. Mr. SPECTER. If I may have the at- not sure I want to agree to his amend- I continue to be concerned about the tention of my colleague. ment. I have a great desire to work The PRESIDING OFFICER. The Sen- practice of providing a $300 million with my colleague from Massachusetts, ate will be in order. contingency fund for LIHEAP that 1 2 Mr. SPECTER. I believe Senator but in the last 2 ⁄ hours I still have not must be designated as emergency been able to determine, if we adopted MCCAIN is prepared to offer an amend- spending to be released. These ex- ment. his second-degree amendment, who penses, in most cases, can be antici- Mr. MCCAIN. Mr. President, may I would pay for the Teamsters’ election. pated and should be addressed through inquire of the distinguished managers Therefore, Mr. President, I think, the regular appropriations process. of the bill, do they intend to dispose of after consulting with others, that I will I am especially pleased, that within the pending amendment, or is it agree- debate the Kennedy amendment. At the funding for the Centers for Disease able to them to set aside the pending some point I will move to table the Control, the committee has provided amendment for the purpose of propos- Kennedy amendment. Then we can dis- an $18 million increase for diabetes, in- ing an amendment? pose of our amendment and proceed to cluding the establishment of a ‘‘com- Mr. SPECTER. Mr. President, I ask the amendment of the Senator from munity-based intervention project in unanimous consent that the pending Arizona and dispose of the bill. Gallup, New Mexico.’’ amendment be set aside so that the Mr. GRAMM. Can we get a time limit As you know, this is an historic year Senator from—— on the debate before the tabling mo- in which we have set forth a plan to Mr. NICKLES. Reserving the right to tion? balance the budget in 7 years. The au- object, since that is my amendment. Mr. NICKLES. I am prepared to move thorizing committees have completed a I ask the Senator, you want unani- to table the amendment. I would like very difficult task in implementing mous consent to set our amendment to speak for a few minutes, Senator this historic bipartisan budget agree- aside for how long? KENNEDY would probably like to speak ment. I am pleased that the Appropria- Mr. SPECTER. For the Senator from for a few minutes, and the Senator tions Committee is attempting to live Arizona to present his amendment. from Texas probably would like to within funding and priority proposed in Mr. NICKLES. How long would that speak for a few minutes. I will not this agreement. take? move to table at this point, but it is A concern I continually have, is the Mr. MCCAIN. I do not know, since I my intent to move forward rather ex- reduction of mandatory spending with- do not believe that the amendment will peditiously to bring this to closure. in appropriation bills. When mandatory be agreed to by some Members. Mr. President, let me make a couple savings are included in appropriations Mr. NICKLES. Then I will object, comments. bills, it is generally to offset discre- with great respect for my friend and Mr. President, is our amendment tionary spending, instead of deficit re- colleague from Arizona, because I pending before the Senate? duction. In particular, the subcommit- think we are going to need to dispose The PRESIDING OFFICER. The tee has reduced the cap on the Social of the amendment that I have offered. amendments are pending in the first Services block grant by $255 million for Senator KENNEDY has offered a second- and second degree. fiscal year 1998. degree amendment. We have talked Mr. NICKLES. Mr. President, for the Overall, I am supportive of the work about it. We negotiated about it. We information of our colleagues, so ev- of the committee and I urge my col- tried to figure out what it would mean. eryone can understand what the Nick- leagues to support this bill. We keep getting different opinions. les amendment is and what the Ken- Mr. President, I ask unanimous con- So my guess is, I think we will have nedy amendment is—and we will be sent that a table displaying the Budget to at some point move to table Senator voting on a motion to table the Ken- Committee scoring of the bill be placed KENNEDY’s amendment, find out where nedy amendment and, hopefully, a mo- in the RECORD. the votes are, and dispose of my tion on the underlying Nickles-Jeffords There being no objection, the table amendment. I would hate to have to amendment. was ordered to be printed in the wait longer and longer. So I would just The Nickles-Jeffords amendment is RECORD, as follows: as soon move ahead with our amend- this: Taxpayers should not have to pay ment. for the Teamsters’ election twice. S. 1061, LABOR-HHS APPROPRIATIONS, 1998, SPENDING Mr. SPECTER. Mr. President, I had Mr. President, in 1989, the consent COMPARISONS—SENATE-REPORTED BILL suggested setting aside the amendment decree said that there will be an elec- [Fiscal year 1998, in millions of dollars] to move to Senator MCCAIN on the the- tion in 1991 and said that the Team- ory a little more time might find some sters would pay for it. They did. They Non- De- Manda- resolution. But if the Senator from had a successful election. It had over- fense de- Crime tory Total fense Oklahoma thinks not, it is his preroga- sight and management by the Govern- Senate-Reported Bill: tive to proceed with his amendment. ment, but it was paid for by the Team- Budget authority ...... 79,558 144 206,611 286,313 Mr. NICKLES. How long would it sters. It was deemed to be a good elec- Outlays ...... 75,926 65 209,167 285,158 Senate 602(b) allocation: take? tion. Budget authority ...... 79,558 144 206,611 286,313 Mr. MCCAIN. In response to the Sen- The 1996 election had oversight and Outlays ...... 76,009 65 209,167 285,241 President’s request: ator from Oklahoma, I am not sure management by the Federal Govern- Budget authority ...... 73,025 60 206,611 279,696 how long it would take because I am ment, and it was also paid for by the Outlays ...... 74,571 48 209,167 283,786 House-passed bill: not sure how strong the disagreement Federal Government. The overseer of Budget authority ...... 79,869 144 206,611 286,624 would be with the amendment. the election, though, said there was Outlays ...... 75,935 64 209,167 285,166 AMENDMENT NO. 1082 some fraud, said there was some cor- SENATE-REPORTED BILL COMPARED TO: Senate 602(b) allocation: Mr. NICKLES. Mr. President, I love ruption, and said in her opinion we Budget authority ...... my colleague from Arizona. And I needed to have a new election. She has September 4, 1997 CONGRESSIONAL RECORD — SENATE S8795 now petitioned a judge, and the judge er taxpayers have to pay for it or not. The amendment which I have pro- will be ordering a new election. The consent decree was silent. It didn’t posed is an amendment to the Nickles My point being, it is not the tax- say who would have to pay for a rerun amendment that does not require the payers’ fault that there was fraud. if there’s corruption in the election. American taxpayers to pay. The Sen- That came from the Teamsters. I do I want to eliminate the question ator from Oklahoma believes that the not have any qualm on who is elected mark. I want to make sure that tax- judge does not have the authority to or who is not elected. That is not my payers do not pay for it. It is that sim- require the payment for the election by issue. Somebody, I think, said, ‘‘You’re ple. Why leave it to the determination the taxpayers. All the amendment that trying to influence an election.’’ Far of a judge? I do not think the judge has I have offered is saying is that if the from it. That is not my decision. My —frankly, if the judge reads the con- consent agreement does not require it, decision is to protect taxpayers. Tax- sent decree, there is nothing in the it does not have to be expended; if it payers should not have to pay for it consent decree that would indicate tax- does require it, we are not going to again. payers should pay for a 1996 rerun. But take any action that is going to inter- The estimates of the cost are $22 mil- why leave it ambiguous? Let us just fere with a judicial process and a con- lion. I heard subsequent to that that it say, wait a minute, if we are going to sent agreement that was signed under will be well over $22 million. I heard es- have a rerun, fine, let the Teamsters the Bush administration, was initiated timates up to $28 million, $30 million. pay for it, and, if necessary, if they do by a Republican, Mr. Giuliani, in New My point is, we should not have to pay not have the money, the U.S. taxpayers York, was ratified by the Attorney for it again. We paid for it once. It was pay for it, but they have to be repaid. General, Mr. Thornburgh, who is on not U.S. taxpayers that had the corrup- I think our amendment is eminently record in strong support of this agree- tion. That happened to come from fair. I wish my colleague from Massa- ment. within the union. They hired some con- chusetts had not second-degreed it. It This agreement is still applicable. As sultants, and they funneled money to is confusing. His amendment looks in- a matter of fact, the respondents are various campaigns. We should not have nocuous, but we do not want to turn it required, under the Southern District to pay for that. That is not the tax- over to the courts. Therefore, at the Court, to file their briefs on September payers’ fault. appropriate time, after a couple of our 19—on September 19. This is a court So what would our amendment do? colleagues have spoken on the amend- order that is in effect at the present Our amendment basically says you can ment, I will move to table the Kennedy time. All we are saying in support of have a rerun election and, if the Team- amendment. the amendment that I have offered is, sters do not have the money, the Fed- Mr. KENNEDY addressed the Chair. let us not interfere with the court eral Government can pay for it; just The PRESIDING OFFICER (Mr. order that was established in 1989 that that the Federal Government has to be ABRAHAM). The Senator from Massa- was agreed to by the participants. It is paid back. chusetts. part of a judicial process and proce- So to me it is eminently fair. It does Mr. KENNEDY. Mr. President, we are dure. not have any influence, saying, ‘‘This mindful now that we are only a few What we are basically asking, under group is favored over another group.’’ short days from the time that the UPS the Nickles amendment, is that we are It does not say anything in the word- strike was resolved and settled, and going to interfere with a legitimate ju- ing—my colleague from Massachusetts settled in a way which benefited many dicial procedure. All my amendment said this has something to do with the thousands of workers. There are 186,000 says is, let the judicial procedure flow UPS strike. That is totally hogwash. workers that were involved, and there as it was designed and agreed to at an There was an abuse in dealing with the was important progress made in the earlier period of time. That is the ex- UPS strike. That was the fact that the areas of pensions and part-time work. tent of my amendment. We are not re- overseer knew there was corruption in There was great progress made in a quiring, in my amendment, that tax- the election, knew it during the strike, number of different areas which we payer money be used. We are not say- but did not let the rest of the country may or may not have an opportunity to ing that it will not be used. We are say- know. This is one of the most impor- discuss here this evening. ing, whatever the judge, under that tant strikes, but that does not have But, quite frankly, Mr. President, I consent agreement in 1989, understood anything to do with it. doubt whether this amendment would that agreement to be, that we will not My point being, if there is another be before us if we had not seen the suc- interfere with it. election, let the Teamsters pay for it. cess of the Teamsters as a result of a But that is not satisfactory to Sen- These happen to be individuals who collective-bargaining process. We saw ator NICKLES. He wants to rig, evi- make good money. Almost all elections 15 days where the Nation was focused dently, or change the consent agree- in the country are paid for, if you are on the issue about whether the workers ment. We believe that the consent talking about union elections, are paid of UPS were going to participate in the agreement ought to be maintained for for by the union. And they should be extraordinary kinds of successes that the reason that consent agreements are paid for by the union. This is not that UPS was involved in. Americans put into place and agreed to by the dif- big a deal. There are 1.4 million mem- around the country responded to the ferent parties. When the consent agree- bers. I think a little less than 500,000 fact that many of those that had been ment goes in and the different parties people voted in the last election. I on part-time were not having part-time agree, we do not see that they agree on think they can pay for it. The average mortgages, part-time payments in one day and the next day we are going payroll of the Teamsters can well af- terms of food bills, part-time payments to have interference with that particu- ford this, so they should pay for it. If in terms of children’s clothing bills. Fi- lar agreement. That is really what is at they do not have the money, the tax- nally, the UPS and the Teamsters issue. payers can pay for it, and the tax- worked out an agreement. It was im- Here is Rudolph Giuliani, in 1988, payers can be paid back with interest. portant for those working men and saying, ‘‘Today the U.S. Government is It is only fair. women. bringing a lawsuit to attack and re- Is it consistent with the consent de- There are some here, some here in verse, once and for all, a major Amer- cree of 1989? Yes, it is. The consent de- the Senate who just cannot stand the ican scandal.’’ This is not an issue that cree of 1989 said that the Teamsters fact that workers were able to have is just brought up today. This has been would pay for the 1991 election and their rights considered and to have the result and consent agreement from that the taxpayers would pay for the their rights resolved in a positive and a long, long history which I reviewed 1996 election. It did not say taxpayers constructive way. And there are those earlier in the debate. pay for a 1996 rerun if there is corrup- who just want to somehow get back at Richard Thornburgh said, ‘‘This set- tion in the election. these workers, somehow get back at tlement, which union leaders agree to Some people would like—and I be- them. I believe here we are seeing some today, culminates 30 years of efforts’’— lieve Senator KENNEDY’s position attempt to try to do so by the mis- 30 years of efforts—‘‘by the Depart- would be: Well, let’s leave that up to a chievousness of this particular amend- ment of Justice to remove the influ- judge. We will let a judge decide wheth- ment. ence of organized crime within the S8796 CONGRESSIONAL RECORD — SENATE September 4, 1997 Teamsters Union,’’ and then indicates to find wrongdoing by any officer or were able to negotiate some protec- support for it. Thirty years of effort member of the union and noted that tions for part-time workers and for and the consent agreement in 1989. President Carey had conducted himself pension rights for workers. There are We have seen a continued consent throughout the investigation in a man- those in this body and in this country agreement, as these cases are going on ner inconsistent with guilt. that cannot stand that. They want to to the Southern District Court today. So, there is a judicial finding and give those workers a comeuppance. The briefs are required by September conclusion that there has been no con- That is really what is at issue here. 19. So this issue is very much alive, Mr. clusion to this current election and has That is what is being attempted, to try President. not been certified and therefore the to interfere with this judicial process. All we are saying in support of our election officer maintains the jurisdic- That strike resulted in significant amendment, which is basically an add- tion. improvements for 185,000 workers at on to the Nickles amendment, all our In accordance with this decision, the UPS. It sensitized the entire Nation to amendment says is nothing in this sec- election officer did not certify the 1996 the gross abuses in many work forces tion under the Nickles amendment election. She did, however, apply to the that forced hard-working men and shall be construed to apply to the ex- Federal court for an order requiring women into part-time jobs with lower penditures required by the consent de- that the election be rerun. That appli- wages and lower benefits than they de- cree in the U.S. v. International Broth- cation is pending. The parties’ briefs serve. erhood. We do not say you are going to will not be filed until September 19 and Let me highlight a few of the have to pay for them. We don’t say you the court will not rule until after that achievements of the Teamsters in the will have to pay part of them. We don’t time. The court may order that the UPS strike: 10,000 new full-time jobs by say that they are not going to or we election be rerun or it may not. It may combining existing low-wage part-time positions. That is in addition to the are going to restrict the judge. That is require the Government to fund the full-time opportunities that are nor- effectively what we are basically at- election officer’s supervision of the mally created through growth in the tempting to do with this particular election or it may require the union to company, retirements or people leav- amendment. do so or it may require each party to Mr. President, I think there are ing for other reasons. Pension in- bear some part of the cost. Let me re- creases that are the same or better as strong reasons for accepting this peat that: The court may order the the increases the company had already amendment. I will speak just for a few election be rerun or it may not. It may said it would make, but under the more moments on this particular issue. require the Government to fund the Teamster pension plan, not a company- Mr. President, as I mentioned, in 1988, election officer’s supervision of that controlled pension plan. Under the the Justice Department under Presi- election or it may require the union to Teamster’s central pension fund, a UPS dent Bush sued the Teamsters Union do so. Or it may require each party to worker could retire at 30 years with a under the racketeering laws, and the bear some part of the cost. We do not pension of $3,000 per month, 50 percent U.S. attorney who prosecuted the case know that. We do not know that. That more than the current amount. Limits was Rudolph Giuliani, another Repub- still has to be resolved. on subcontracting—to replace some lican, who now, of course, is the mayor Under the Nickles amendment it contractors with UPS workers, so that of New York City. In 1989, Mayor would prejudge that. All we are trying as UPS grows, full-time UPS jobs grow Giuliani negotiated a resolution to the to do is say we had the agreement in as well. Wage increases of $3.10 an hour suit with the Teamsters that imposed 1989. It is under active consideration for full-time plus an extra dollar an sweeping reforms on the union. before the Southern District Court of hour for part-time workers. That may A critical part of the election reform New York and we should do nothing not sound like a lot to the Members of was the supervision of all aspects of that is going to affect that agreement this body but that is important for the union elections by a court-ap- which has been agreed to by all the working families. Safety protections pointed election official. Thus, the con- principle parties and negotiated under for workers who handle heavy packages sent decree establishes the position of the previous administration. may not sound important to a lot of election officer and gave the officer The point is we do not know how the people around this body but that is im- substantial authority to regulate the court will rule. But this amendment portant for a lot of workers who are entirety of the electoral process. Under would tell the court that regardless of handling those heavy packages. The the consent order the expenses of the its ruling the Government will not be list goes on, and the list goes on. 1991 Teamster election were borne by permitted to fund the election, even if Our Republican colleagues seem to the union itself, including the expenses the consent order requires the Govern- think that the Teamsters deserve to be of the election officer. ment to pay, this amendment will punished for these gains and I think But the 1996 election was different as refuse to permit that. Thus the amend- the union deserves praise. to that election. The consent order ment would interfere with an ongoing Mr. President, I believe, for the rea- stated the union defendants consent to judicial process. sons I have outlined here, this is a con- the election officer at Government ex- That is, basically, the issue. Are we sent decree, that the consent decree is pense to supervise the 1996 election. going to permit legislative interference still active, that there is pending ac- The election officer and all parties to in an ongoing judicial process? It is as tion that is before the Southern Dis- the suit complied with this provision of simple as that. Moreover, the amend- trict Court, and the amendment which the consent decree. The Republican re- ment would renege on an agreement I introduced would effectively accept fusal to appropriate funds for fiscal that a Republican-controlled Justice the Nickles amendment but it would year 1996 for the Labor and Justice De- Department entered into 8 years ago by indicate there would be no interference partment forced the election officer to repudiating part of that agreement. with any decision that is going to be seek a court order requiring the Jus- The amendment would order the Gov- made by the judge in that decree that tice Department to fund the critical ernment to subject itself to a contempt will be forthcoming, and the outcome preelection activities. The Justice De- proceeding, and that is an outrage and of which we do not know. partment and union joined in the elec- an untenable result. Let me mention, Mr. President, some tion officer’s request for that order Why do those on the other side of the of the observations of the Judge, David which ultimately was granted in Octo- aisle seek to achieve this result? It can Edelstein, approving the consent de- ber of 1995. Ultimately, however, the only be because they want to punish cree. funding was obtained and the election the Teamsters Union for their tremen- Just over two months ago I signed a con- was conducted. Protests were filed with dous success in the recent UPS strike. sent decree between * * * Teamsters and the the election officer to resolve them and That is what is at the bottom of this, government. The decree contains an ac- an opinion issued late last month. In make no mistake about it. Does any- knowledgment by the Teamsters leadership that there are severe shortcomings in the that opinion, the election officer found body think if they had not been suc- way it has conducted its affairs in the past, that misconduct by consultants to one cessful in that strike we would be con- and it embodies the standards by which the candidate required that the election be sidering this here? It is a basic, fun- leadership of the * * * Union should conduct rerun. The officer specifically declined damental assault on the fact that they its affairs in the future.* ** September 4, 1997 CONGRESSIONAL RECORD — SENATE S8797 These goals alone, however, are merely submission of various briefs, a judge Now, my point and the point of the statements of good intentions—and we all that is going to make a judgment based Nickles amendment is that we agreed know where those can lead. Without a dedi- upon those briefs, and the facts as have to pay for the election, and we paid for cated effort to put these ideals into practice, been found on the recent election. We the election. The point is that we did the good intentions will become empty promises and unfulfilled hopes. * * * The do not know what the terms of the pro- not get the election that we paid for. public has a significant stake in the outcome nouncement is going to be in terms of Perhaps the amendment of Senator of the decree. The IBT exercises vast power the judge, and all we are saying in the NICKLES should demand that we get our and cuts across every segment of society— Kennedy amendment is that we are not $22 million back because the same cor- political, social, and economic. It affects going to interfere with the judgments ruption we were trying to stop appar- every aspect of our lives. Such power must of that judge in fulfilling the consent ently occurred again. be insulated against corruption and criminal decree requirements that were agreed Now, nothing in the Nickles amend- elements and must be reserved for legitimate to by all parties, that go back over a ment interferes with the consent agree- use to achieve legitimate ends. long period of time, some 30 years of ** * The conditions that have necessitated ment, except that the Nickles amend- and justified such unprecedented measures involvement, and we are not going to ment makes it clear that the Constitu- are extreme. The remedy therefore is nec- prejudge that, tonight, to interfere tion of the United States does not give essarily extreme. The court expects that all with a judicial proceeding. a judge the power of the Federal purse. parties involved—the union, the government, That is, basically, what the effect of The Nickles amendment says we paid and the three individuals I am about to ap- the Kennedy amendment would be as a for an election we didn’t get, and we point—live up to the spirit and letter of the perfecting amendment to the Nickles are not paying for another election. laws and Constitution of the United States proposal. The judge can require another election, as well as the consent decree. Mr. President, I find it difficult to which I assume he will do. But under Mr. SPECTER. Could we enter into a see how a President of the United time agreement, say, with the vote at the Nickles amendment, he will have States, if this were to go through and to require the Teamsters to pay for the 6 o’clock? to pass and to be actually accepted in Mr. KENNEDY. I do not expect we election. We have already paid for one the committee in the conference re- election and we didn’t get it. I hope would go beyond 6 o’clock but I am re- port, how a President of the United luctant just to enter into it at this while he is at it, he will fire everybody States could sign this appropriation who drew these salaries to oversee an time since there are Members that in- that would have a legislative intrusion dicated to me they wanted to speak election through which they slept. in terms of a consent decree that had Now, as for the UPS strike having and indicated they would like to speak, been agreed to and honored by all of anything to do with this amendment, but I don’t anticipate we would go be- the parties. that assertion violates rule XIX of the yond 6 o’clock. It seems to me that this would be a The PRESIDING OFFICER. The Sen- U.S. Senate. We are impugning the mo- clear interference by the legislative tives of people offering this amend- ator from Massachusetts has the floor. body into the judicial consent decree Mr. WELLSTONE. A point of inquiry. ment. If I stood up on the floor of the and would certainly be subject to a Senate and said that this amendment Mr. KENNEDY. I yield for a question. Presidential veto. It is of that impor- was offered by a Democratic Senator Mr. WELLSTONE. As I understand tance and of that consequence. I hope because the Democratic Party colluded what the Senator from Massachusetts my amendment will be agreed to. Just with the Teamsters Union, I would be is saying in reply or in response to the to repeat it, all we want to say is that subject to rule XIX, and rightly so. I Senator from Pennsylvania is that we nothing in this section—which would would never do that. And to come to want to try and finish but there are be the Nickles amendment—should be the floor of the Senate and suggest some other Senators that want to construed to apply to expenditures re- that Senator NICKLES’ amendment has speak and the Senator is right, I would quired by the consent decree. We are anything to do with anything other like to speak. not saying what they may be, what than stopping the purchase of another I think it is a shame we did not have they might not be, whether they would election when we didn’t get the first an agreement. We should have. This is be or would not be. But all we are say- a very reasonable second degree, I ing is that we would not interfere with one we paid for is outrageous. I was on think, but I want to make it clear to the consent decree. It is as plain and as the verge of raising rule XIX on that my colleague from Pennsylvania I clear as can be, Mr. President. I hope assertion. I think it assaults the dig- would like to speak, and I can be rel- the amendment will be accepted. nity of the Senate to try to impugn the atively brief. Mr. GRAMM addressed the Chair. motives of people who are offering seri- Mr. SPECTER. I make an inquiry as The PRESIDING OFFICER. The Sen- ous amendments. manager of the bill to see if we can ator from Texas. Now, with regard to the judge, the move it along. Mr. GRAMM. Mr. President, let me Nickles amendment doesn’t restrict We have quite a number of amend- review what the issue is before the Sen- the judge. The judge can order a new ments. I would like to speak for 5 min- ate and make it clear that there is election; he can fire the people who utes. If the Senator from Minnesota nothing confusing about the Kennedy didn’t do their jobs the first time; and wishes to speak for 5 minutes, he can amendment. The objective of the Ken- the judge can set out the parameters of get a sequencing. It would be helpful. nedy amendment is to require the tax- the new election. But under the Nick- Mr. GRAMM. I assume we will go payer to pay for yet another union les amendment, the judge cannot say back and forth? election. to the taxpayer: You already paid for Mr. SPECTER. And perhaps agree to Now, let me go back to the facts and an election you didn’t get and we are limit speeches to 5 minutes, if that is then delineate where I believe Senator going to make you pay for another acceptable. KENNEDY drifts far afield from the election. Mr. KENNEDY. Mr. President, as I facts. I also want to respond to this as- All the Nickles amendment does is indicated, I have talked to some Sen- sertion about UPS, which borders on assert the power of Congress to expend ators who wanted to speak. I do not an- violating rule XIX of the U.S. Senate. money. It says to the judge and the ticipate going beyond 6 o’clock. I can- Now, first, let me begin with the con- courts that we are passing a law that not speak for them at the present time. sent decree. Because of corruption in says we already paid for our election After Senator WELLSTONE speaks, I the Teamsters, we entered into a con- and any future election will have to be can make inquiries of the Senators and sent decree which resulted in the tax- reimbursed. The cost that the Federal inform the Chair. payers paying for the 1996 Teamsters taxpayer should incur in overseeing Mr. SPECTER. I thank my colleague election. The taxpayers spent $22 mil- that election will have to be reim- from Massachusetts. lion. The person appointed to oversee bursed by the beneficiaries, the mem- Mr. KENNEDY. So, here we have the the election, having been paid $300,000 bers of the union, who, hopefully, will Republican administration that is com- to $400,000, a couple of weeks after it get an honest election in the future. mitted to this consent decree. We have was known that we clearly had viola- We had a consent decree; the Federal the consent decree still active in the tions in the election, now, belatedly, Government has lived up to the con- southern district court requiring the has raised questions. sent decree. We spent $22 million for an S8798 CONGRESSIONAL RECORD — SENATE September 4, 1997 election that we did not get. We were the black-robed judges, but I think his second-degree amendment is reason- supposed to have gotten an honest elec- analysis is a bit ahistorical. Rudolph able. It just says—and I will finish— tion, but apparently did not. The ques- Giuliani, former U.S. attorney, 1988: nothing in this section shall be con- tion is: Are we going to do it again? I ‘‘To date, the United States Govern- strued to apply to expenditures re- think it is a very clear vote. ment is bringing the lawsuit to attack quired by the consent decree. Whatever We attempted to have an honest elec- and reverse once and for all the major those expenditures are or are not, this tion once, which we did not get, even American scandal.’’ Richard amendment just says, look, we don’t after the taxpayer paid $22 million. Thornburgh, Attorney General, March come out here on the floor—it is not in Now the person who was given the re- 14, 1989—not a black-robed judge: ‘‘This the dark of night, but all of a sudden— sponsibility of overseeing that election settlement, which union leaders agreed with this kind of major move, and I says that a fair election did not occur. to earlier today, culminates 30 years of think this is an extremely reasonable Should we be forced to pay again? The efforts by the Department of Justice to second-degree amendment. I hope my Nickles amendment says no. I think remove the influence of organized colleagues will support it. the American people would say no. crime within the Teamsters Union.’’ Mr. KENNEDY. Will the Senator So the Kennedy amendment puts this This was an agreement with a Repub- yield? back in the hands of the court. And, lican administration. The second-de- Mr. WELLSTONE. I am pleased to basically, his argument is, let a Fed- gree amendment here, the Kennedy yield. eral judge appropriate and expend an- amendment, simply says, nothing in Mr. KENNEDY. We have taken the other $22 million if he chooses. The this section shall be construed to apply time to go through the various aspects Constitution is very clear about who to expenditures required by the con- in the consent decree that was agreed has the power of the purse. The Nickles sent decree in United States versus The to, the agreement, in terms of the allo- amendment, totally within the consent International Brotherhood of Team- cation of resources, some of which was decree, simply says that we paid to sters. My colleague from Oklahoma spelled out in the consent decree. Let have an honest election, but we didn’t wants to say there isn’t anything in his me mention, reading specifically, and I get what we paid for. Quite frankly, I amendment that goes against this con- will—I ask unanimous consent that the would vote for an amendment that de- sent agreement. If so, this second-de- full consent decree be printed in the manded our $22 million back. But the gree amendment should be acceptable. RECORD. point is that the Nickles amendment We should not even be having this de- There being no objection, the mate- simply says that if another election is bate. rial was ordered to be printed in the ordered, which it almost certainly will Now, I heard what my colleague from RECORD, as follows: be, the beneficiaries of the election pay Texas said about the need to not be [U.S. District Court, Southern District of for it. So it does not interrupt the con- personal. I won’t be. Let me make a New York, Order 88 CIV. 4486 (DNE)] sent decree. different kind of argument. When, all UNITED STATES OF AMERICA, PLAINTIFF, v. We have lived up to our end of the of a sudden and unrelated to the bill on INTERNATIONAL BROTHERHOOD OF TEAM- bargain, but the participants in the the floor, there is an amendment that STERS, CHAUFFERS, WAREHOUSEMEN AND election and the overseers did not live goes after a consent agreement that HELPERS OF AMERICA, AFL–CIO, ET AL., DE- up to their end of the bargain. This is goes back to the actions of a Repub- FENDANTS. a question of whether you want the lican administration, and when that Whereas, plaintiff United States of Amer- taxpayers to fund a second election all-of-a-sudden move on the Senate ica commenced this action on June 28, 1988, by filing a Complaint seeking equitable re- when the first election was apparently floor follows only a few short weeks lief involving the International Brotherhood fraudulent. The Nickles amendment from a very inspiring and successful ef- of Teamsters, AFL–CIO (hereinafter, ‘‘the says no; the Kennedy amendment says fort on the part of the Teamsters to IBT’’), pursuant to the civil remedies provi- yes, but does it indirectly by saying collectively bargain, and when this ef- sions of the Racketeer Influenced and Cor- let’s let the judge take the rap for re- fort, unrelated to the bill on the floor rupt Organizations (‘‘RICO’’) Act, 18 U.S.C. quiring us to pay for the election the all of a sudden comes up just a few § 1964; and second time. short weeks after many people in the Whereas, the Summons and Complaint I say this is an issue the Congress country are saying, thank goodness have been served, answers filed, and pretrial discovery commenced by and between the should decide. We have the constitu- there is a focus on trying to have full- parties; and tional responsibility to spend or not time jobs as opposed to part-time jobs, Whereas, plaintiff United States of Amer- spend money. I say buying one election thank goodness there is a focus on liv- ica and defendants IBT and its General Exec- you didn’t get is one too many. I sup- ing-wage jobs, thank goodness those of utive Board, William J. McCarthy, Weldon port the Nickles amendment, and I us who are hard-pressed and struggling Mathis, Joseph Trerotola, Joseph W. Mor- hope people will vote to defeat—by vot- to earn a decent living and raise our gan, Edward M. Lawson, Arnold ing to table—the Kennedy amendment children well are going to have a Weinmeister, Donald Peters, Walter J. Shea, chance, I think this is the wrong time Harold Friedman, Jack D. Cox, Don L. West, so that we can vote on the Nickles Michael J. Riley, Theodore Cozza and Daniel amendment, which simply says that we for such an extraordinary move. Ligurotis (hereinafter, the ‘‘union defend- paid for an honest election, we didn’t I don’t think we can decontextualize ants’’) have consented to entry of this order; get it, and we are not paying for a sec- what we do on the floor of the Senate. and ond one. That is the issue. It is as It would be a little foolish to believe Whereas, the union defendants acknowl- clear-cut as it can be, and hiding be- that, whatever the intentions are of edge that there have been allegations, sworn hind some black-robed official who colleagues, people in the country, testimony and judicial findings of past prob- does not have the inconvenience of many working families, union or non- lems with La Cosa Nostra corruption of var- union, won’t look upon this effort as ious elements of the IBT; and having to run for reelection and having Whereas, the union defendants agree that to answer to voters for spending their just payback. That will be the percep- there should be no criminal element or La money, I don’t think is a way the U.S. tion. That is the way it looks in terms Cosa Nostra corruption of any part of the Senate, as the greatest deliberative of the chronology of this. That is the IBT; and body in the world, should be acting. way it looks in terms of the timeliness Whereas, the union defendants agree that This is a clear-cut choice, and the of this. That is the way it looks in it is imperative that the IBT, as the largest choice is: No more money to pay for terms of this action by the Senate, fol- trade union in the free world, be maintained lowing up on the successful effort on democratically, with integrity and for the elections that don’t seem to be held sole benefit of its members and without un- fairly. the part of a union to bargain collec- lawful outside influence; I yield the floor. tively. It is hereby ordered and decreed that: Mr. WELLSTONE addressed the Finally, once again, it is such an ex- A. Court Jurisdiction traordinary move to go against an Chair. 1. This Court has jurisdiction over the sub- The PRESIDING OFFICER. The Sen- agreement that a Republican adminis- ject matter of the action, has personal juris- ator from Minnesota. tration was a part of and to take this diction over the parties, and shall retain ju- Mr. WELLSTONE. Mr. President, my extraordinary, and I think really very risdiction over this case until further order colleague from Texas wants to focus on imprudent, action. Senator KENNEDY’s of the Court. September 4, 1997 CONGRESSIONAL RECORD — SENATE S8799 2. Upon satisfactory completion and imple- 8. Article IV, Section 2 of the IBT Con- States Code to discharge those duties which mentation of the terms and conditions of stitution shall be deemed and is hereby relate to: disciplining corrupt or dishonest this order, this Court shall entertain a joint amended to include a new paragraph as fol- officers, agents, employees or members of motion of the parties hereto for entry of lows: the IBT or any of its affiliated entities (such judgment dismissing this action with preju- ‘‘No candidate for election shall accept or as IBT Locals, Joint Councils and Area Con- dice and without costs to either party. use any contributions or other things of ferences), and appointing temporary trustees B. Duration value received from any employers, rep- to run the affairs of any such affiliated enti- resentative of an employer, foundation, trust ties. The Investigations Officer shall have 3. The authority of the court officers estab- or any similar entity. Nothing herein shall the authority to investigate the operation of lished in paragraph no. 12 herein shall termi- be interpreted to prohibit receipt of con- the IBT or any of its affiliates and, with nate after the certification of the 1991 elec- tributions from fellow employees and mem- cause, tion results by the Election Officer for all bers of this International Union. Violation of (i) To initiate disciplinary charges against IBT International Officers as provided in this this provision shall be grounds for removal any officer, member or employee of the IBT Order, except as follows: from office.’’ or any of its affiliates in the manner speci- (1) The Election Officer and the Adminis- 9. (a) The IBT Constitution shall be deemed fied for members under the IBT Constitution trator shall have the authority to resolve all and hereby is amended to incorporate and and, disputes concerning the conduct and/or re- conform with all of the terms set forth in (ii) To institute trusteeship proceedings for sults of the elections conducted in 1991 under this order. the purpose and in the manner specified in the authority granted to them under para- (b) By no later than the conclusion of the the IBT Constitution. graph 12(D) herein, and the Investigations IBT convention to be held in 1991, the IBT Prior to instituting any trusteeship pro- Officer and the Administrator shall have the shall have formally amended the IBT Con- ceeding the Investigations Officer shall no- authority to investigate and discipline any stitution to incorporate and conform with tify the General President of the Investiga- corruption associated with the conduct and/ all of the terms set forth in this order by tions Officer’s plan to institute said trustee- or results of the elections to be conducted in presenting said terms to the delegates for a ship proceeding and the basis therefor and 1991 under the authority granted them under vote. If the IBT has not formally so amended give the General President ten (10) days to paragraph 12 (A) and (C) herein, so long as the IBT Constitution by that date, the Gov- exercise his authority pursuant to the IBT said investigation is begun within six ernment retains the right to seek any appro- Constitution to institute such trusteeship months of the final balloting. priate action, including enforcement of this proceedings. If the General President timely (2) The Investigations Officer and the Ad- order, contempt or reopening this litigation. institutes such proceedings and/or a trustee- ministrator shall have the authority to re- ship is imposed, the Investigations Officer E. Permanent Injunction solve to completion and decide all charges and the Administrator shall have authority filed by the Investigations Officer on or be- 10. Defendants William J. McCarthy, to review any action thus taken by the Gen- fore the date on which the authority granted Weldon Mathis, Joseph Trerotola, Joseph W. eral President and/or any trusteeship im- to them under paragraphs 12 (A) and (C) Morgan, Edward M. Lawson, Arnold posed thereafter and to modify any aspect of herein terminates the authority pursuant to Weinmeister, Donald Peters, Walter J. Shea, either of the above at any time and in any subparagraph (3) below. Harold Friedman, Jack D. Cox, Don L. West, manner consistent with applicable federal (3) The role and authority provided for in Michael J. Riley, Theodore Cozza and Daniel law. If the General President fails to insti- paragraphs 12 and 13 of this Order regarding Ligurotis, as well as any other or future IBT tute trusteeship proceedings within the ten- the Investigations Officer and the Adminis- General Executive Board members, officers, day period prescribed herein, the Investiga- trator and their relationship with the Inde- representatives, members and employees of tions Officer may immediately proceed in ac- pendent Review Board shall terminate not the IBT, are hereby permanently enjoined cordance with the authority specified above. later than nine (9) months after the certifi- from committing any acts of racketeering When the Investigations Officer files cation of the 1991 election results. activity, as defined in 18 U.S.C. § 1961 et seq., charges, the following procedures shall be (4) As used herein, the date referred to as and from knowingly associating with any observed: ‘‘the certification of the 1991 election re- member or associate of the Colombo Orga- (a) the Investigations Officer shall serve sults’’ shall be construed to mean either the nized Crime Family of La Cosa Nostra, the written specific charges upon the person date upon which the Election Officer cer- Genovese Organized Crime Family of La charged; (b) the person charged shall have at least tifies the 1991 election results for all IBT Cosa Nostra, the Gambino Organized Crime thirty (30) days prior to hearing to prepare International Officers or one month after the Family of La Cosa Nostra, the Lucchese Or- his or her defense; final balloting, whichever is shorter. ganized Crime Family of La Cosa Nostra, the Bonnano Organized Crime Family of La Cosa (c) a fair and impartial hearing shall be C. Status of the Individual Union Defendants Nostra, any other Organized Crime Families conducted before the Administrator; 4. The union defendants herein remain as of La Cosa Nostra or any other criminal (d) the person charged may be represented officers of the IBT, subject to all of the group, or any person otherwise enjoined from by an IBT member at the hearing; and (e) the hearing shall be conducted under terms herein, including the disciplinary au- participating in union affairs, and from ob- the rules and procedures generally applicable thority of the Court-appointed officers, de- structing or otherwise interfering with the scribed in paragraph 12(A) herein. to labor arbitration hearings. work of the court-appointed officers or the The Administrator shall preside at hear- D. Changes in the IBT Constitution Independent Review Board described herein. ings in such cases and decide such cases 5. The portion of Section 6(a) of Article 11. As used herein, the term, ‘‘knowingly using a ‘‘just cause’’ standard. The Inves- XIX of the IBT Constitution that provides, associating,’’ shall have the same meaning tigations Officer shall present evidence at ‘‘Any charge based upon alleged conduct as that ascribed to that term in the context such hearings. As to decisions of the IBT which occurred more than one (1) year prior of comparable federal proceedings or federal General Executive Board on disciplinary to the filing of such charge is barred and rules and regulations. charges and trusteeship proceedings during shall be rejected by the Secretary-Treasurer, F. Court-Appointed Officers the Administrator’s tenure, the Adminis- except charges based upon the non-payment 12. The Court shall appoint three (3) offi- trator shall review all such decisions, with of dues, assessment and other financial obli- cers—an Independent Administrator, an In- the right to affirm, modify or reverse such gations,’’ shall be and hereby is amended to vestigations Officer and an Election Officer— decisions and, with respect to trusteeship provide for a five (5) year period, running to be identified and proposed by the Govern- proceedings, to exercise the authority grant- from the discovery of the conduct giving rise ment and the union defendants, to oversee ed above in this paragraph. Any decision of to the charge. This limitation period shall certain operations of the IBT as described the Administrator shall be final and binding, not apply to any actions taken by the Inves- herein. The parties shall jointly propose to subject to the Court’s review as provided tigations Officer or the Administrator. the Court at least two persons for each of herein. For a period of up to fourteen (14) 6. Section 6(a) of Article XIX of the IBT these three positions. Such proposal shall be days after the Administrator’s decision, any Constitution shall be deemed and is hereby presented to the Court within four weeks of person charged or entity placed in trustee- amended to include the following: ‘‘Nothing the date of the entry of this Order, except ship adversely affected by the decision shall herein shall preclude the General President that for good cause shown such period may have the right to seek review by this Court and/or General Executive Board from sus- be extended by the Court. Except as other- of the Administrator’s decision. The Admin- pending a member or officer facing criminal wise provided herein, the duties of those istrator shall also have the right to establish or civil trial while the charges are pending.’’ three officers shall be the following: and disseminate new guidelines for inves- 7. Immediately after the conclusion of the (A) DISCIPLINARY AUTHORITY.—From the tigation and discipline of corruption within IBT elections to be conducted in 1991, Sec- date of the Administrator’s appointment the IBT. All of the above actions of the Ad- tion 8 of Article VI of the IBT Constitution until the termination of the Administrator’s ministrator and Investigations Officer shall shall be deemed and hereby is amended to authority as set forth in paragraph 3(3) here- be in compliance with applicable Federal provide that a special election be held when- in, the Administrator shall have the same laws and regulations. ever a vacancy occurs in the office of IBT rights and powers as the IBT’s General Presi- (B) Review Authority.—From the date of General President, pursuant to the proce- dent and/or General Executive Board under the Administrator’s appointment until the dures described later herein for election of the IBT’s Constitution (including Articles VI certification of the IBT elections to be con- IBT General President. and XIX thereof) and Title 29 of the United ducted in 1991, the Administrator shall have S8800 CONGRESSIONAL RECORD — SENATE September 4, 1997 the authority to veto whenever the Adminis- tives present during the conduct of said in 1991 and any special IBT elections that trator reasonably believes that any of the audit. occur prior to the IBT elections to be con- actions or proposed actions listed below con- (ii) The Independent Administrator and the ducted in 1991. In advance of each election, stitutes or furthers an act of racketeering Election Officer shall have the same rights the Election Officer shall have the right to activity within the definition of Title 18 as the Investigations Officer as provided in distribute materials about the election to U.S.C. § 1961, or furthers or contributes to the sections (a), (b), (c) and (d) of A, herein. the IBT membership. The Election Officer association directly, or indirectly, of the IBT (iii) The Independent Administrator, Inves- shall supervise the balloting process and cer- or any of its members with the LCN or ele- tigations Officer and Election Officer shall tify the election results for each of these ments thereof: each be provided with suitable office space at elections as promptly as possible after the (i) any expenditures or proposed expendi- the IBT headquarters in Washington, D.C. balloting. Any disputes about the conduct ture of International Union funds or transfer D. IBT Election.—The IBT Constitution and/or results of elections shall be resolved of International Union property approved by shall be deemed amended, and is hereby after hearing by the Administrator. any officers, agents, representatives or em- amended, to provide for the following new The union defendants consent to the Elec- ployees of the IBT, election procedures: tion Officer, at Government expense, to su- (ii) any contract or proposed contract on (i) The procedures described herein shall pervise the 1996 IBT elections. The union de- behalf of the International Union, other than apply to elections of the IBT’s General Presi- fendants further consent to the U.S. Depart- collective bargaining agreements, and dent, General Secretary-Treasurer, Inter- ment of Labor supervising any IBT elections (iii) any appointment or proposed appoint- national Union Vice Presidents, and inter- or special elections to be conducted after ments to International Union office of any national Union Trustees; 1991 for the office of the IBT General Presi- officer, agent, representative or employee of (ii) Delegates to the IBT International con- dent, IBT General Secretary-Treasurer, IBT vention at which any International Union of- the IBT. Vice President, and IBT Trustee. In any case where the Administrator exer- ficers are nominated or elected shall be cho- At the IBT 1991 International Convention, cises veto authority, the action or proposed sen by direct rank-and-file secret balloting the delegates shall be presented with these action shall not go forward. The Adminis- shortly before the convention (but not more aforesaid amendments for vote; provided fur- trator, upon request of the IBT’s General than six months before the convention, ex- ther that nothing herein shall be deemed or President or General Executive Board, shall, cept for those delegates elected at local interpreted or applied to abridge the union elections scheduled to be held in the within three (3) days, advise the IBT’s Gen- Landrum-Griffin free speech right of any IBT fall of 1990), and with all convention Can- eral President and/or General Executive officer, delegate or member, including the didate election voting by secret ballot of Board whichever is applicable, of the reasons parties hereto. each delegate individually; for any such veto. For a period of up to four- (E) REPORTS TO MEMBERSHIP.—The Admin- (iii) Delegates shall nominate candidates istrator shall have the authority to distrib- teen (14) days after the Administrator’s deci- for eleven (11) Regional Vice Presidents, as ute materials at reasonable times to the sion, the IBT’s President and/or General Ex- follows: Three (3) from the Eastern Con- membership of the IBT about the Adminis- ecutive Board shall have the right to seek re- ference, three (3) from the Central Con- trator’s activities. The reasonable cost of view by this Court of the Administrator’s de- ference, two (2) from the Southern Con- distribution of these materials shall be borne cision. The Administrator may prescribe any ference, two (2) from the Western Con- by the IBT. Moreover, the Administrator reasonable mechanism or procedure to pro- ference, and one (1) from the Canadian Con- shall have the authority to publish a report vide for the Administrator’s review of ac- ference. In addition, there shall be nomi- in each issue of the International Teamster tions or proposed actions by the IBT, and nated candidates for five (5) Vice Presidents concerning the activities of the Adminis- every officer, agent, representative or em- to be elected at large. All duly nominated trator, Investigations Officer and Election ployee of the IBT shall comply with such Vice Presidents shall stand for election con- mechanism or procedure. ducted at local unions on the same ballot Officer. (F) REPORTS TO THE COURT.—The Adminis- (C) Access to Information.—(i) The Inves- and time as the election of General President trator shall report to the Court whenever the tigations Officer shall have the authority to and General Secretary-Treasurer, as pro- Administrator sees fit but, in any event, take such reasonable steps that are lawful vided herein; and necessary in order to be fully informed (iv) At such an International convention, shall file with the Court a written report about the activities of the IBT in accordance after the nomination of International Union every three (3) months about the activities with the procedures as herein established. Vice Presidents and election of Trustees, all of the Administrator, Investigations Officer The Investigations Officer shall have the delegates shall then vote for nominees for and Election Officer. A copy of all reports to right: the offices of IBT General President and Sec- the Court by the Administrator shall be (a) To examine books and records of the retary-Treasurer; served on plaintiff United States of America, IBT and its affiliates, provided the entity to (v) To qualify for the ballot for the direct the IBT’s General President and duly des- be examined receives three (3) business days rank-and-file voting for IBT General Presi- ignated IBT counsel. advance notice in writing, and said entity dent, Secretary-Treasurer, and Vice Presi- (G) HIRING AUTHORITY.—The Adminis- has the right to have its representatives dent, candidates must receive at least five trator, the Investigations Officer and the present during said examination. (5) percent of the delegate votes at the Inter- Election Officer shall have the authority to (b) To attend meetings or portions of meet- national convention, for the at large posi- employ accountants, consultants, experts, ings of the General Executive Board relating tion, or by conference for regional positions, investigators or any other personnel nec- in any way to any of the officer’s rights or as the case may be; essary to assist in the proper discharge of duties as set forth in this Order, provided (vi) No person on the ballot for the posi- their duties. Moreover, they shall have the that prior to any such meeting, the officer tion of IBT General President may appear on authority to designate persons of their shall receive an agenda for the meeting and the ballot in the same election year for the choosing to act on their behalf in performing then give notice to the General President of position of Secretary-Treasurer; and further any of their duties, as outlined in subpara- the officer’s anticipated attendance. no member shall be a candidate for more graphs above. Whenever any of them wish to (c) To take and require sworn statements than one (1) Vice President position; designate a person to act on their behalf, or sworn in-person examinations of any offi- (vii) No less than four (4) months and no they shall give prior written notice of the cer, member, or employee of the IBT pro- more than six (6) months after the Inter- designation to plaintiff United States of vided the Investigations Officer has reason- national convention at which candidates America, and the IBT’s General President; able cause to take such a statement and pro- were nominated, the IBT General President, and those parties shall then have the right, vided further that the person to be examined General Secretary-Treasurer and Vice Presi- within fourteen (14) days of receipt of notice, receives at least ten (10) days advance notice dents shall be elected by direct rank-and-file to seek review by this Court of the designa- in writing and also has the right to be rep- voting by secret ballot in unionwide, one- tion, which shall otherwise take effect four- resented by an IBT member or legal counsel member, one-vote elections for each at large teen (14) days after receipt of notice. of his or her own choosing, during the course position, and conference wide, one-member (H) COMPENSATION AND EXPENSES.—The of said examination. one-vote elections for each regional position; compensation and expenses of the Adminis- (d) To take, upon notice and application (viii) All direct rank-and-file voting by se- trator, the Investigations Officer and the for cause made to this Court, which shall in- cret ballot described above shall be by in- Election Officer (and any designee or persons clude affidavits in support thereto, and the person ballot box voting at local unions or hired by them) shall be paid by the IBT. opportunity for rebuttal affidavits, the absentee ballot procedures where necessary, Moreover, all cost associated with the activi- sworn statements or sworn in person exam- in accordance with Department of Labor reg- ties of these three officials (and any designee ination of persons who are agents of the IBT ulations; and or persons hired by them) shall be paid by (and not covered in subparagraph (c) above). (ix) The current procedures under the IBT the IBT. The Administrator, Investigations (e) To retain an independent auditor to Constitution for filling a vacancy between Officer and Election Officer shall file with perform audits upon the books and records of elections in the office of General Secretary- the Court (and serve on plaintiff United the IBT or any of its affiliated entities (not Treasurer, International Trustee, and Inter- States of America and the IBT’s General including benefit funds subject to ERISA), national Vice President shall remain in ef- President and designated IBT counsel) an ap- provided said entity receives three (3) busi- fect. plication, including an itemized bill, with ness days advance notice in writing and said The Election Officer shall supervise the supporting material, for their services and entity has the right to have its representa- IBT election described above to be conducted expenses once every three months. The IBT’s September 4, 1997 CONGRESSIONAL RECORD — SENATE S8801 General President shall then have fourteen shall be submitted in writing to an appro- members and staff). Invoices for all such (14) business days following receipt of the priate IBT entity (including designating a costs and expense shall be directed to the above in which to contest the bill before this matter as an original jurisdiction case for General President for payment. Court. If the IBT’s President fails to contest General Executive Board review), with a (m) The Investigations Officer and the Ad- such a bill within that 14-day period, the IBT copy sent to the General President and Gen- ministrator shall continue to exercise the in- shall be obligated to pay the bill. In all dis- eral Executive Board. The IBT entity to vestigatory and disciplinary authority set putes concerning the reasonableness of the which a matter is referred shall thereupon forth in paragraph 12 above for the limited level or amount of compensation or expense promptly take whatever action is appro- period set forth in paragraph 3(3) above, pro- to be paid, the Court and parties shall be priate under the circumstances, as provided vided, however, that the Investigations Offi- guided by the level of payment as authorized by the IBT Constitution and applicable law. cer and the Administrator may, instead, and approved by the IBT for the payment of Within 90 days of the referral, that IBT en- refer any such investigation or disciplinary similar services and expenses. tity must make written findings setting matter to the Independent Review Board. (I) APPLICATION TO THE COURT.—The Ad- forth the specific action taken and the rea- (n) The IBT Constitution shall be deemed ministrator may make any application to sons for that action. and hereby is amended to incorporate all of the Court that the Administrator deems war- (f) The Independent Review Board shall the terms relating to the Independent Re- ranted. Upon making any application to the monitor all matters which it has referred for view Board set forth above in this paragraph. Court, the Administrator shall give prior no- action if, in its sole judgment, a matter has This amendment shall be presented to the tice to plaintiff United States of America, not been pursued and decided by the IBT en- delegates to the 1991 Convention for vote. the IBT’s General President and designated tity to which the matter has been referred in H. Indemnification IBT counsel and shall serve any submissions a lawful, responsible, or timely manner, or 13. The IBT shall purchase a policy of in- filed with the Court on plaintiff United that the resolution proposed by the relevant surance in an appropriate amount to protect States of America, the IBT’s General Presi- IBT entity is inadequate under the cir- the Administrator, the Investigations Offi- dent and designated IBT counsel. Nothing cumstances, the Independent Review Board cer, the Election Officer and persons acting herein shall be construed as authorizing the shall notify the IBT affiliate involved of its on their behalf from personal liability for parties or the Court-appointed officers to view, and the reasons therefor. A copy of any of their actions on behalf of the IBT, the modify, change or amend the terms of this said notice shall be sent by the Independent Administrator, the Investigations Officer or Order. Review Board, to the General President and the Election Officer. If such insurance is not G. Independent Review Board the General Executive Board. (g) Within 10 days of the notice described available, or if the IBT so elects, the IBT Following the certification of the 1991 elec- in paragraph (f) above, the IBT entity in- shall indemnify the Administrator, Inves- tion results, there shall be established an volved shall set forth in writing any and all tigations Officer, Election Officer and per- Independent Review Board (hereinafter, re- additional actions it has taken and/or will sons acting on their behalf from any liability ferred to as the ‘‘Review Board’’). Said Board take to correct the defects set forth in said (or costs incurred to defend against the im- shall consist of three members, one chosen notice and a deadline by which said action position of liability) for conduct taken pur- by the Attorney General of the United may be completed. Immediately thereafter, suant to this order. That indemnification States, one chosen by the IBT and a third the Independent Review Board shall issue a shall not apply to conduct not taken pursu- person chosen by the Attorney General’s des- written determination concerning the ade- ant to this order. In addition, the Adminis- ignee and the IBT’s designee. In the event of quacy of the additional action taken and/or trator, the Investigations Officer, the Elec- a vacancy, the replacement shall be selected proposed by the IBT entity involved. If the tion Officer and any persons designated or in the same manner as the person who is Independent Review Board concludes that hired by them to act on their behalf shall being replaced was selected. the IBT entity involved has failed to take or enjoy whatever exemptions from personal li- (a) The Independent Review Board shall be propose satisfactory action to remedy the ability may exist under the law for court of- authorized to hire a sufficient staff of inves- defects specified by the Independent Review ficers. tigators and attorneys to investigate ade- Board’s hearing, after notice to all affected I. IBT Legal Counsel quately (1) any allegations of corruption, in- parties. All parties shall be permitted to 14. During the term of office of the court- cluding bribery, embezzlement, extortion, present any facts, evidence, or testimony appointed officers, the IBT General Presi- loan sharking, violation of 29 U.S.C. § 530 of which is relevant to the issue before the dent shall have the right to employ or retain the Landrum Griffin Act, Taft-Hartley Independent Review Board. Any such hearing legal counsel to provide consultation and Criminal violations or Hobbs Act violations, shall be conducted under the rules and proce- representation to the IBT with respect to or (2) any allegations of domination or con- dures generally applicable to labor arbitra- this litigation, to negotiate with the appro- trol or influence of any IBT affiliate, mem- tion hearings. priate official and to challenge the decisions ber or representative by La Cosa Nostra or (h) After a fair hearing has been conducted, of the court-appointed officers, and may use any other organized crime entity or group, the Independent Review Board shall issue a union funds to pay for such legal consulta- or (3) any failure to cooperate fully with the written decision which shall be sent to the tion and representation. The Administrator’s Independent Review Board in any investiga- General President, each member of the Gen- removal powers and authority over union ex- tion of the foregoing. eral Executive Board, and all affected par- penditures shall not apply to such legal con- (b) The Independent Review Board shall ex- ties. sultation and representation. ercise such investigative authority as the (i) The decision of the Independent Review J. Non-Waiver General President and General Secretary- Board shall be final and binding, and the Treasurer are presently authorized and em- General Executive Board shall take all ac- 15. To the extent that such evidence would powered to exercise pursuant to the IBT Con- tion which is necessary to implement said be otherwise admissible under the Federal stitution, as well as any and all applicable decision, consistent with the IBT Constitu- Rules of Evidence, nothing herein shall be provisions of law. tion and applicable Federal laws. construed as a waiver by the United States (c) All officers, member, employees and (j) The Independent Review Board shall of America or the United States Department representatives of the IBT and its affiliated have the right to examine and review the of Labor of its right to offer proof of any al- bodies shall cooperate fully with the Inde- General Executive Board’s implementation legation contained in the Complaint, Pro- pendent Review Board in the course of any of the Independent Review Board’s decisions; posed Amended Complaint, declarations or investigation or proceeding undertaken by in the event the Independent Review Board’s memoranda filed in this action, in any subse- it. Unreasonable failure to cooperate with decisions; in the event the Independent Re- quent proceeding which may lawfully be the Independent Review Board shall be view Board is dissatisfied with the General brought. deemed to be conduct which brings reproach Executive Board’s implementation of any of K. Application to Court upon the IBT and which is thereby within its decisions, the Independent Review Board 16. This Court shall retain jurisdiction to the Independent Review Board’s investiga- shall have the authority to take whatever supervise the activities of the Administrator tory and decisional authority. steps are appropriate to insure proper imple- and to entertain any future applications by (d) Upon completion of an investigation, mentation of any such decision. the Administrator or the parties. This Court the Independent Review Board shall issue a (k) The Independent Review Board shall be shall have exclusive jurisdiction to decide written report detailing its findings, charges, apprised of and have the authority to review any and all issues relating to the Adminis- and recommendations concerning the dis- any disciplinary or trusteeship decision of trator’s actions or authority pursuant to cipline of union officers, members, employ- the General Executive Board, and shall have this order. In reviewing actions of the Ad- ees, and representatives and concerning the the right to affirm, modify, or reverse any ministrator, the Court shall apply the same placing in trusteeship of any IBT subordi- such decision. The Independent Review standard of review applicable to review of nate body. Such written reports shall be Board’s affirmance, modification, or reversal final federal agency action under the Admin- available during business hours for public in- of any such General Executive Board deci- istrative Procedure Act. spection at the IBT office in Washington, sion shall be in writing and final and bind- DC. ing. L. Future Practices (e) Any findings, charges, or recommenda- (l) The IBT shall pay all costs and expenses 17. The parties intend the provisions set tions of the Independent Review Board re- of the Independent Review Board and its forth herein to govern future ITT practices garding discipline or trusteeship matters staff (including all salaries of Review Board in those areas. To the extent the IBT wishes S8802 CONGRESSIONAL RECORD — SENATE September 4, 1997 to make any changes, constitutional or oth- CIO, 25 Louisiana Avenue, N.W., Wash- ago over the break. The first oppor- erwise, in those provisions, the IBT shall ington, D.C. 20001. tunity for us to address this issue is give prior written notice to the plaintiff, By: James T. Grady, Esquire. this bill. through the undersigned. If the plaintiff then Defendant William J. McCarthy; To suggest that we somehow waited objects to the proposed changes as inconsist- Defendant Joseph Trerotola; ent with the terms and objections of this until after this Teamsters strike to do Defendant Joseph W. Morgan; this is ridiculous. The timing is per- order, the change shall not occur; provided, Defendant Arnold Weinmeister; however, that the IBT shall then have the Defendant Donald Peters; fectly appropriate. It is appropriate be- right to seek a determination from this Defendant Walter J. Shea; cause it is the first legislative oppor- Court, or, after the entry of judgment dis- Defendant Harold Friedman; tunity to address this issue after the missing this action, from this Court or any Defendant Jack D. Cox; overseer ruled on the election. If we other federal court of competent jurisdiction Defendant Michael J. Riley; waited 6 months and there happened to as to whether the proposed change is consist- Defendant Theodore Cozza; be a strike and we happened to come ent with the terms and objectives set forth Defendant Daniel Ligurotis. herein. forward with this after that successful Mr. KENNEDY. ‘‘The union/defend- strike by a union, then you can make M. Scope of Order ants consent to the election officer, at the argument. But that is not what is 18. Except as provided by the terms of this Government expense, to supervise the happening here. order, nothing else herein shall be construed ’96 elections.’’ To suggest and imply and impugn the or interpreted as affecting or modifying: (a) And then it reviews this. It says ‘‘at the IBT Constitution; (b) the Bylaws and integrity of the Senator from Okla- Constitution of any IBT affiliates; (c) the Government expense.’’ homa and his motives I think is really conduct and operation of the affairs of the If we are to take the Nickles—this is below the dignity of this Senate given IBT or any IBT-affiliated entity or any em- in the consent decree. This is not the the chronology that the Senator from ployee benefit fund as defined in ERISA or judge reaching this. This is the Repub- Minnesota is well aware of. I hope that trust fund as defined by Section 302(c) of the lican Justice Department, under Attor- given that knowledge—and maybe he Labor Management Relations Act, as amend- ney General Thornburgh, agreeing to did not have that knowledge—but ed; (d) the receipt of any compensation or this, and where they had made that given the knowledge that this in fact benefits lawfully due or vested to any officer, kind of commitment and agreement. member or employee of the IBT or any of its was right after this decision was hand- affiliates and affiliated benefit fund; or (e) All we are saying is, in any kind of new ed down by the overseer of the election, the term of office of any elected or appointed election, we don’t know exactly what and that this was in fact timely, and IBT officer or any of the officers of any IBT- they are going to recommend, but we had nothing to do with the Teamsters affiliated entities. do not want to restrict or affect that strike, in fact one might add that the N. Non-Admission Clause consent decree by interfering with leg- fact that Ms. Quindel sat on this report 19. Nothing herein shall be construed as an islative action. for a couple of weeks might have had admission by any of the individual union de- Mr. WELLSTONE. I say to my col- something to do with the Teamsters fendants of any wrongdoing or breach of any league from Massachusetts that I strike. But that is not the issue here. legal or fiduciary duty or obligation in the would agree. That is why I find it hard What is at issue is the Senator from discharge of their duties as IBT officers and to understand why there can’t even be Oklahoma addressed this issue expedi- members of the IBT General Executive an agreement here on the floor of the Board. tiously right after the decision was Senate because I think the position made on the first legislative vehicle to O. Future Actions that the Senator takes is very reason- 20. Nothing herein shall preclude the Unit- do so. And I think any other construc- able, and I think it is important to tion of motivation really does not hold ed States of America or the United States have this consent decree as part of the Department of Labor from taking any appro- water very well. priate action in regard to any of the union Record for that very reason. So I would be pleased with a re- defendants in reliance on federal laws, in- Mr. President, I will yield the floor, sponse, given that information. cluding an action or motion to require if my colleague wants to speak. If that Mr. WELLSTONE. I would be pleased disgorgement of pension, severance or any is what he really wants to do, I am to respond. I know the majority leader other retirement benefits of any individual pleased to yield the floor. wants to respond. union officer defendant on whom discipline Mr. SANTORUM. Mr. President, I First of all, if the Senator was listen- is imposed pursuant to paragraph 12 above. have a question for the Senator from ing carefully, I said, whatever the in- P. Limits of Order Minnesota. It is not about the subject tention, it just seemed to me that it is 21. Nothing herein shall create or confer or matter at hand. It is about this rather hard contextually with what we do is intended to create or confer, any enforce- disturbing assertion by the Senator from what is happening outside the able right, claim or benefit on the part of from Minnesota and the Senator from any person or entity other than to the par- Senate. And I think it is a big mistake ties hereto and the court-appointed officers Massachusetts about the motives be- to do this. I think many people will established herein. As to the undersigned de- hind the Nickles amendment. It is dis- view this as nothing less than an effort fendants hereto, this order supersedes the turbing. And I think the Senator from to retaliate. order of the Court entered on June 28, 1988, Texas is right when he said that in fact That is my position. Whether or not as thereafter extended. this borders on a violation of rule XIX. I am right or wrong, I say to my col- Q. Execution Let me make a statement. And then league from Pennsylvania that the 22. Each of the undersigned individual de- I would like the Senator to respond. proof will be in the pudding. We will fendants has read this order and has had an Mr. WELLSTONE. If the Senator will see how people in the country respond. opportunity to consult with counsel before yield, why doesn’t he put the question We will see what interpretation people signing the order. to me first? put on this. I think it is a big mistake. March , 1989. Mr. SANTORUM. Let me put the in- I think this is a real overreach. DAVID N. EDELSTEIN, formation out, and then I would like As I tried to do in this debate, I went U.S. District Judge. the Senator to respond to it. I can do it back through the history of this. I Consented to: Benito Romano, United States in the form of a question. But the Sen- Attorney, Southern District of New make it crystal clear. Richard York, One St. Andrew’s Plaza, New York, ator from Minnesota makes the asser- Thornburgh, in this settlement of New York 10007, Attorney for Plaintiff, tion that this comes right on the heels March 14, 1989, which union leaders United States of America. of a Teamsters strike when they were agreed to earlier today, said cul- By: Randy M. Mastro, Assistant United successful in negotiating some changes minates 30 years of efforts by the De- States Attorney, Mudge Rose Guthrie, in their contract. The Senator talks partment of Justice to remove the in- Alexander & Ferdon, 16 Maiden Lane, about the chronology. Let’s also talk fluence of organized crime within the New York, New York 10038, Attorneys for about the chronology of when Barbara Teamsters Union. We are saying in the Defendants IBT and its General Execu- Zack Quindel, who is the overseer of tive Board. second-degree amendment that nothing By: Jed S. Rakoff, James T. Grady, Esq., the election, came out with her order that we do should be construed to General Counsel, International Brother- following the strike. That didn’t occur apply to expenditures. hood of Teamsters, Chauffeurs, Ware- 3 months ago. That didn’t occur 6 Don’t overreach, and don’t take an housemen and Helpers of America, AFL- months ago. It occurred 3 or 4 weeks imprudent action, and don’t try to September 4, 1997 CONGRESSIONAL RECORD — SENATE S8803 overturn this. That is profoundly mis- off.’’ It turns out there was a fraudu- mount, and it is a matter for the court taken. lent election. And now there is an indi- to decide under our doctrine of separa- That is my argument. And that will cation, well, a judicial official might tion of powers. continue to be my argument, irrespec- decree that the taxpayers should have We are very premature in what we tive of what some of my other col- to pay the Teamsters again. This is a are doing here on two scores. leagues believe. horrible procedure. This is a horrible One is there has been a recommenda- Mr. LOTT addressed the Chair. precedent. I don’t care what union it is; tion for a new election, which, as I un- The PRESIDING OFFICER. The ma- what business it is. We shouldn’t be derstand the record, has not yet been jority leader. paying for these kind of elections, and approved in the court. This is a com- Mr. LOTT. Mr. President, I have certainly not without some process to plicated matter. There are lots of com- never seen so many red herrings in my get the taxpayers repaid for what they plexities on it. But my understanding life. We should be flying a flock. This is have put into this process. is that it has not been approved by the not about the recent Teamsters strike The Nickles amendment puts an end court. And then the court under any at UPS, although clearly that strike to this nonsense. It allows the Federal expected interpretation would come to injured millions of Americans and Government to continue the fight the conclusion that this is a new elec- small businessmen and women. And I against corruption in the Teamsters tion, and not to be paid by the Treas- heard a lot of those concerns while I Union but says the teamsters have to ury of the United States under the pre- was home. I had a lot of calls in my of- pay the American people back for the existing arrangement. That election fices pleading for help in some way. privilege of an honest election. For has already been paid for. But essen- ‘‘Please find a way to help end this heaven’s sake. Nothing could be more tially this a matter for the court to de- strike because of what it is doing to us fair than that. cide. And there would be ample time as individuals and small businesses.’’ Last month, a Federal election offi- for the Congress to turn down an ap- It is not about a union or a particular cial determined that ‘‘corruption’’— union. I have had a good relationship propriation in the future on the basis this is a quote—‘‘in the Teamsters re- that is not an appropriate matter to be with individual teamsters over the mains a major problem.’’ Citing ‘‘ex- years. When I practiced law I rep- paid for by taxpayers’ money. But on traordinary’’ and ‘‘egregious impropri- this state of the record, it is my view resented the longshoremen, the boiler- eties,’’ the Federal election officials makers, and every other union you can that it is a judicial matter, and not a threw out the Teamsters election. We matter of the Congress. name. didn’t have anything to do with that. No. What is this really about? This is Several Senators addressed the That is what the Clinton administra- Chair. about fairness for the American people. tion is saying about this. Taxpayers That is why this amendment has been The PRESIDING OFFICER. The Sen- paid for what turned out to be a stolen ator from Alaska. offered and why it is so important. The private election. taxpayers of America are paying for Mr. STEVENS. Mr. President, I am Somehow or other the Justice De- constrained to follow the statement union elections. Do we want that? I partment, which was supposed to be don’t think my constituents know that is made by Senator SPECTER, the overseeing this process, let someone in chairman of the subcommittee. It is that, and they would be horrified to the Teamsters steal an election right know it. That is what this is all about. my understanding also that the elec- from under its nose with the taxpayers tion officer’s recommendation has not Paying for the Teamsters to hold an paying the tab for the election. Guess election has not happened once. It has been approved by the court. I share the what? Now they are saying, ‘‘Well, we consternation of many people here happened twice. The question now is, don’t know but maybe we will have to Will it happen a third time because of about the timing of that election offi- have another election, and maybe the cer’s report of her findings concerning fraudulent elections, or is it in fact a taxpayers should pay again.’’ Ridicu- bill the American people have to foot that Teamster election. lous. It is time that we stopped this. It is clear that under the existing sit- in perpetuity? The Clinton FBI, not the Republican uation there is no order of the court. I’ve heard a great deal of talk about Congress, alleges that there was an in- Even the court hasn’t even considered a consent degree. I am not impressed tricate money laundering scheme pour- that recommendation, if we have one that a judge said that the people of this ing thousands of dollars from the union who has exercised severe bad judgment country, the taxpayers, should pay for treasury into union president Ron in terms of the timing of the announce- union elections. I am not impressed, Carey’s campaign. ment of her finding. And it is apparent whether it was a Republican or a Dem- Ladies and gentlemen, my col- that she could be overruled as to even ocrat administration, or which Justice leagues: This is a travesty. It is a trav- her findings. But the main thing is Department went along with it. This is esty that these elections are fraudulent that this is a bill that has nothing in it wrong. again and again. People around here pertaining to this matter. When the people find out the truth of forget that the Teamsters have even There now comes another one of our what is going on here, they will be in been thrown out of the AFL–CIO in the cause celebre riders that could well an uproar because we should not be past for such corruption. Now you add lose the product of this bill. paying for private union elections. to that equation more taxpayer fund- So that is the remarkable thing Mr. President, we have 14 appropria- ing. This won’t sell in America. tions bills to pass by this Senate before about this situation. That is why this The Nickles amendment should be September 30, 13 bills coming out of amendment has been offered—to set up adopted. a process to stop taxpayers’ money I yield the floor. conference, and one continuing resolu- being used to conduct union elections; Mr. SPECTER addressed the Chair. tion. That says that if we can’t send and more importantly, it sets up the The PRESIDING OFFICER. The Sen- them all to the President and get them process for taxpayers’ money to be re- ator from Pennsylvania. signed before the 30th, there will have paid. Mr. SPECTER. Mr. President, the to be a continuing resolution in any That is one of the key components of issue now pending exists on complexity event. In addition to that, we have this the amendment of the Senator from on a number of levels. bill and two other bills to pass. Oklahoma. It says that there will be a I agree with the remarks just made We are really going to be in appro- process whereby the Teamsters, if, in by our distinguished majority leader priations every day during this period fact, taxpayer dollars are involved, will that the American people ought not to of September. have to pay back in an agreed-to proc- pay for union elections. It is an open I have great respect for my friend ess with a plan to repay the cost of question as to how the consent decree from Oklahoma. But I have to say the these elections. The taxpayers of was entered into when it was, and why time to deal with this issue is when America paid $22 million for the last the U.S. Government entered into that and if the administration asks Con- Teamsters’ election; that is $45 per consent decree. But that is what we gress for money to pay for this elec- Teamster vote. face at the present time. tion. We don’t even know that there is As the Washington Times noted, ‘‘the My view is that we have a question of going to be a new election. If the court taxpayers were monumentally ripped judicial authority here which is para- rules there is to be a new election, S8804 CONGRESSIONAL RECORD — SENATE September 4, 1997 there is no authority in the Depart- lion—admittedly it came from the De- Congress—does Congress have the right ment of Justice or the Department of partment of Labor and the Department to withhold the money? The answer is Labor to use existing funds for that of Justice—to conduct this last elec- yes. I will read you the quote from election. They will have to come up tion. And they did a pretty crummy CRS. I will ask unanimous consent to here with a supplemental request. That job. We paid millions of dollars and we put the entire study into the RECORD. is the time we should deal with it. ended up with a corrupt election. But it says: I have to say that it is my feeling, I do not want that to happen again. Legislation enacted by Congress limiting very frankly, as chairman of the com- We talk about adherence to the con- or restricting the funds for the 1996 election mittee, that I would rather risk a sup- sent decree that was agreed to in 1989. would be a Federal law, and the Government plemental—an issue where we disagree I think my original amendment is in parties would be bound to take appropriate with the administration—than risk the adherence to the 1989 consent decree, action in reliance on that law. whole year’s bill. To my knowledge, because it said that the Teamsters will What are the consequences to the Congress of not appropriating all the funds necessary this is the only issue that would lead pay for the 1991 election. They paid for to supervise the 1996 IBT elections? this bill to be subject to a veto. it. And guess what. There was no com- There would appear to be no consequences So I really have to say, as I did to my plaint that it was a corrupt election. to the Congress. The consent decree does not friend from Oklahoma, that I disagree They paid for it themselves. You know appear to obligate the Government to super- with the Senator from Massachusetts, what. People are a lot more frugal with vise the 1996 elections, either directly or in- too; that I don’t think his amendment their own money. They are less likely directly. Rather, the decree embodies the is necessary, the amendment in the to steal from their own members. They consent of the union defendants to govern- second degree. And I don’t think it is are less likely to be corrupt maybe mental supervision. timely to raise the Nickles amendment with their own members’ money than We had governmental supervision in now. they would be with taxpayer money. 1991. We will in 1998. What I am saying What we need to do is get on with our So we had a 1991 election. Mr. Carey is let’s just not pay for the election. work and get this bill passed. We still won. Fine. And I don’t know that any- This is not a destitute group of individ- have the Interior bill, we have the Dis- body—there was an overseer in the 1991 uals. These are people who do quite trict of Columbia bill, and then we election. They did not allege fraud in well. Great. have all 13 bills to pass as conference that. So the 1991 election was done by I read something; they average $27 an reports, and then we have to pass a the Teamsters. They paid for it. They hour, about $50,000 a year. Fine. Why is continuing resolution. And it has a should have paid for it. They had a the Federal Government paying for the conference report, too. good election. No one said a thing. The election? We did not pay for the other So, if we want to be here all year 1996 election the taxpayers paid for. election. We did not pay for the 1991 working appropriations, then we can I will admit I did not know we paid election. Why would we pay for a rerun spend our time on these riders again. for it until I read about it. And when of the election? For me, there is no necessity for the did we read about it? Well, the overseer All I am trying to do is protect tax- second kick of a mule. I got kicked the of the election, she announced during, payers’ money. And my colleague is last time we had this problem on that or after the UPS strike—and that is suggesting, well, maybe somebody is supplemental. I don’t see any reason to the only thing UPS has to do with upset about the UPS settlement. That go through it again. this—she waited until after the UPS has nothing to do with it. I am of- I urge the Senate not to approve strike to announce that there was fended by that allegation. That is to- these riders that are controversial. fraud and that her recommendation tally ridiculous. All I am trying to do Every one of them has something we would be that we need a new election. is protect taxpayers. would like to have settled. And, if they Mr. Carey only won by a few thousand They had their strike. They had their are noncontroversial and we can work votes. She said that maybe there were settlement. And some people are run- them out, we should do it. But this is hundreds of thousands of dollars that ning around saying, ‘‘great victory,’’ a controversial matter. It is, obviously. were funneled in his direction and so and so on. So be it. I am just saying I am told that the Department of she thought a new election was war- you are not entitled to another $22 mil- Labor believes it is cheaper to pay for ranted. lion of taxpayers’ money. If the Team- the supervision of the election rather Fine. Let there be a new election. I sters pay for it—if it cost the Team- than to have to deal with many com- am just saying in the new election tax- sters maybe less than half an hour to plaints on the next election, if one is payers should not pay for it. We did not pay for their own election, they should ordered. pay for the one in 1991. It was a clean pay for it. So this is a very complicated issue. election. We paid for the one in 1996 I even went so far in the amendment From my point of view, it is not in- and there was corruption. A lot of to try to be fair. Some people said volved in this bill before us. I respect money was moved around. Let’s make make sure you put in language that no my good friend from Oklahoma in sure, if we have an election in 1998, it Federal funds be used to conduct the terms of his views about that election is not a corrupt election. election. You could use it to oversee officer, as I have said, and the timing That is the purpose. This bill funds the election, to supervise the election. of the release, but there is nothing be- the Department of Labor for 1998. Let’s We do that in Third World countries. fore us yet. The court has not approved make sure that taxpayer money is not We do that in new democracies, so that report. We are dealing with specu- used for this purpose. maybe we would spend a little money lation as to whether there will even be Somebody says, well, is this in com- to oversee the election. another election. So why tie up this pliance with the consent decree. I will I think that is fine, to have observers bill and tie up the Senate on an issue tell you the consent decree is silent on to try to monitor the election, to see that is premature, Mr. President, and I a rerun election. It does not say it. I that we would eliminate some of the urge the Senate to join me in voting read the consent decree two or three corruption, but we had corruption against both my friend from Massachu- times. It does not say anything about a when we had Federal funding because setts and my friend from Oklahoma. rerun. So maybe a judge would deter- people took some of the Federal money Mr. NICKLES addressed the Chair. mine, well, maybe taxpayers should and abused it. I am trying to make The PRESIDING OFFICER. The Sen- pay for it. Maybe a judge would not. sure that does not happen again. ator from Oklahoma. But wait a minute. Congress is sup- Do we have the constitutional right Mr. NICKLES. Mr. President, I heard posed to appropriate money, and we to do it? Absolutely. CRS said we do. the comments of my colleague from have opinions. If somebody says, well, The consent decree is silent on a rerun. Alaska, but basically what he is saying we are violating, we are stamping out Certainly we can do that. And my col- is we should not tell the Department of the consent decree, hogwash. The con- league from Alaska says the judge may Labor how to spend money. In this ap- sent decree does not say it. not even agree. We had the overseer, propriations bill we appropriate money I did not request this, but there is a who made $300,000 or $400,000 monitor- for the Department of Labor. In this Congressional Research Service study ing this election, find out it is corrupt, case they appropriated about $22 mil- dated May 1995, what would happen if withholds that information until after September 4, 1997 CONGRESSIONAL RECORD — SENATE S8805 the UPS strike and then says, oh, yeah, The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there a we are going to have a new election. I objection, it is so ordered. sufficient second? There is a sufficient didn’t want to tell anybody during the Mr. KENNEDY. I ask unanimous con- second. strike because it might have influenced sent to be able to proceed for 4 min- The yeas and nays were ordered. the strike one way or another. Oh, yes, utes. The PRESIDING OFFICER. The but we need a new election. The PRESIDING OFFICER. Is there question is on agreeing to the motion I am saying fine. If they need a new objection? Without objection, it is so of the Senator from Oklahoma to table election, I agree. If that’s her rec- ordered. the amendment. The yeas and nays ommendation, fine. I am saying tax- Mr. KENNEDY. Just two brief com- have been ordered. The clerk will call payers shouldn’t pay for it. Very plain ments. One with regard to the Congres- the roll. and simple. We can monitor it. We can sional Research Service. It is not true The legislative clerk called the roll. try to make sure it is not corrupt. But that section O of the consent decree Mr. NICKLES. I announce that the we should not pay for it. It’s that sim- permits the U.S. Government to avoid Senator from Arkansas [Mr. MURKOW- ple. We didn’t pay for the 1991 election. its legal obligations under the decree, SKI] is necessarily absent. They had a good election. Certainly we including its legal obligation to pay for Mr. FORD. I announce that the Sen- can allow an election in 1998, if there is supervision of the upcoming election. ator from Ohio [Mr. GLENN] is nec- to be an election. If there isn’t going to Section O is a general savings clause essarily absent. be an election, fine. My amendment retaining the right of the Government The result was announced—yeas 56, wouldn’t cost the taxpayers. I am try- to seek remedies against the defend- nays 42, as follows: ing to save the taxpayers money. So ants for misconduct. It was never in- [Rollcall Vote No. 217 Leg.] this amendment wouldn’t cost any- tended, nor can it be reasonably read, YEAS—56 thing. to override the remainder of the con- Abraham Enzi Lugar The very thought of my colleague sent decree. Allard Faircloth Mack who said maybe the administration Under the overbroad reading of sec- Ashcroft Frist McCain Bennett Gorton McConnell would veto it, wait a minute. You have tion O, the consent decree is meaning- Bond Gramm Nickles an appropriations bill that is actually less—the parties would have agreed to Breaux Grams Roberts hundreds of billions of dollars. They nothing, because section O would al- Brownback Grassley Roth are going to veto this bill because they ways undermine the original under- Burns Gregg Santorum Byrd Hagel Sessions want to protect the Teamsters from standing. This is an absurd reading of Campbell Hatch Shelby what? Paying for their own election. the provision. Chafee Helms Smith (NH) Give me a break. You have to be kid- It violates the basic rule of legal con- Coats Hollings Smith (OR) Cochran Hutchinson Snowe ding. How special interest could this struction that meaning must be given Collins Hutchison Stevens group be? I know I saw the Vice Presi- to the entire text of the decree. Coverdell Inhofe Thomas dent with the Teamsters on Labor Day, It has also been argued that under Craig Jeffords Thompson with thumbs up, and so on. But surely the decree the United States did not D’Amato Kempthorne Thurmond DeWine Kyl Warner they would not veto a bill that says need to insist on supervision of the Domenici Lott this group, which is pretty well com- election and therefore need not pay for pensated at an average—I guess truck- the election. This is also absurd—the NAYS—42 ers are making something like, I don’t United States did elect to supervise the Akaka Feinstein Lieberman Baucus Ford Mikulski know, $27 an hour, wages and benefits— election, and therefore must pay for Biden Graham Moseley-Braun surely they say taxpayers that make a the election. To say otherwise is to Bingaman Harkin Moynihan lot less than that should not be paying make the Federal Government a dead- Boxer Inouye Murray Bryan Johnson Reed for their election when the consent de- beat; a party to litigation weaseling Bumpers Kennedy Reid cree does not say that. The consent de- out of its legal duties. Cleland Kerrey Robb cree is silent, frankly, on election re- Mr. President, Senator STEVENS said Conrad Kerry Rockefeller runs. I can’t imagine that the adminis- it best when he talked about bringing Daschle Kohl Sarbanes Dodd Landrieu Specter tration would recommend vetoing a into this appropriation matters which Dorgan Lautenberg Torricelli bill over something that special inter- are not directly related to the appro- Durbin Leahy Wellstone est. priations. I have here the statement of Feingold Levin Wyden So, Mr. President, I think we have administration policy, September 2. I NOT VOTING—2 had adequate debate. I would just urge will read these provisions. Glenn Murkowski my colleagues to vote to table the Ken- The administration understands that a The motion to lay on the table the nedy amendment, and I move to table number of controversial amendments may be amendment (No. 1082) was agreed to. the Kennedy amendment. offered, such as an amendment to prohibit Mr. NICKLES. Mr. President, I move Mr. KENNEDY. Mr. President, will the use of funds in the act for supervising to reconsider the vote by which the the Senator withhold for 2 minutes? the Teamster’s election * * * The President’s senior advisers would be forced to rec- motion was agreed to, and I move to The PRESIDING OFFICER (Mr. BEN- ommend that the President veto the bill. lay that motion on the table. NETT). The motion to table is not de- batable. There are other provisions but that I The motion to lay on the table was Mr. KENNEDY. Mr. President, I sug- think supports what the Senator from agreed to. gest the absence of a quorum. I suggest Alaska has mentioned. AMENDMENT NO. 1083 TO AMENDMENT NO. 1081 the absence a quorum. I had hoped that we could have ta- (Purpose: To limit the use of taxpayer funds The PRESIDING OFFICER. The bled the whole proposal, and I would for any future International Brotherhood clerk will call the roll. have supported it. But nonetheless we of Teamsters leadership election) The assistant legislative clerk pro- don’t have that opportunity at this Mr. CRAIG. Mr. President, I have a ceeded to call the roll. time, so I hope that the proposal of the second-degree amendment which I send Mr. NICKLES. Mr. President, I ask Senator from Oklahoma to table the to the desk. unanimous consent that the order for measure would not be agreed to. And if The PRESIDING OFFICER. The the quorum call be rescinded. that were the case, I would not object clerk will report. Mr. KENNEDY. Mr. President, I ob- to tabling the whole proposal and get The legislative clerk read as follows: ject. on with the business of the appropria- The Senator from Idaho [Mr. CRAIG], for The PRESIDING OFFICER. Objec- tions. himself, Mr. NICKLES, and Mr. JEFFORDS, pro- tion is heard. I yield the floor. poses an amendment numbered 1083 to The assistant legislative clerk con- Mr. NICKLES addressed the Chair. amendment No. 1081. tinued with the call of the roll. The PRESIDING OFFICER. The mo- Mr. CRAIG. Mr. President, this sec- Mr. KENNEDY. Mr. President, I ask tion to table is not debatable. ond-degree amendment—— unanimous consent that the order for Mr. NICKLES. Mr. President, I ask The PRESIDING OFFICER. The the quorum call be rescinded. for the yeas and nays. clerk has not concluded reading. S8806 CONGRESSIONAL RECORD — SENATE September 4, 1997 Mr. CRAIG. Mr. President, I ask What we have here, of course, is the ment can have some oversight and be unanimous consent that the reading of fundamental question that has been involved in monitoring the election, the amendment be dispensed with. brought by the Senator from Okla- trying to make sure there is not cor- Mr. KENNEDY. Objection. Can we homa: Who should pay for the elections ruption in the election. We should not have the reading of the amendment? It of a private union? have to pay for it. has not been distributed to the Mem- The question fundamentally put be- Mr. CRAIG. In other words, if Team- bers. It seems to me we ought to have fore this Senate is very simple for all sters were concerned, and there was at the amendment read. of us. Should it be the taxpayers or issue here corruption in the last elec- The PRESIDING OFFICER. The should it in fact be the union? I think tion, and therefore a reelection to get clerk will continue to read. we are concluding here that it should rid of that corruption, or at least to Mr. KENNEDY. May we have order? be the union in this instance. The tax- have an outcome that all would be sat- Mr. WELLSTONE. Mr. President, payers have done what they should do isfied with, we could still have the De- may we have order, please? in this instance and should do no more. partment of Labor and/or Justice in- The PRESIDING OFFICER. The I yield the floor. volved in overseeing the rerunning of point is well taken, the Senate is not Mr. NICKLES addressed the Chair. this election, and your amendment in order. The clerk will continue to The PRESIDING OFFICER. The Sen- does not prohibit that? read. ator from Oklahoma. Mr. NICKLES. The Senator is exactly The legislative clerk read as follows: Mr. NICKLES. I rise in support of the right. Strike all after the word ‘‘Section’’ and in- amendment offered by my colleague Mr. CRAIG. I thank the Senator. sert the following: from Idaho. Mr. NICKLES. Mr. President, one (a) IN GENERAL.—Except as provided in Mr. President, let me just clarify final comment. subsection (b), none of the funds made avail- again, some of our colleagues were not We talk about this money, and people able under this Act, or any other Act making aware of the taxpayers’ support for the say, ‘‘Big deal.’’ We are talking about appropriations for fiscal year 1998, may be $22 million. The Federal subsidy for used by the Department of Labor or the De- last election. I told a couple col- leagues—they said, ‘‘How much did we Presidential campaigns is what? $71 partment of Justice to conduct a rerun of a million for a general election. That is 1996 election for the office of President, Gen- spend?’’ We spent $22 million; some people said more. The union has 1.4 the amount of money that Senator eral Secretary, Vice-President, or Trustee of Dole received; that is the amount that the International Brotherhood of Teamsters. million members. A little less than Clinton-Gore received from the tax- (b) EXCEPTION.— 500,000 voted. And $22 million is a lot of payers. This is one-third as much. That (1) IN GENERAL.—Upon the submission to money. And a lot of money was wasted amount of money was for the entire Congress of a certification by the President or maybe abused. It was abused, frank- of the United States that the International country. We are talking about 1.4 mil- Brotherhood of Teamsters does not have ly, because it was taxpayers’ money. lion people, and only 500,000 or less funds sufficient to conduct a rerun of a 1996 That did not happen when it was their voted last time. election for the office of President, General own union money. I mention, every Should taxpayers be liable for $22 Secretary, Vice-President, or Trustee of the other union in the country uses their million, or more? I do not think so. So International Brotherhood of Teamsters, the own money for their own elections, as this amendment tries to protect tax- President of the United States may transfer they should. payers. That is all it does. It tries to be funds from the Department of Justice and So, again, I urge my colleagues to the Department of Labor for the conduct and fair to Teamsters and does not get in- adopt this amendment. This is not an volved in who should win in any way, oversight of such a rerun election. unfair amendment. This even says that (2) REQUIREMENT.—Prior to the transfer of shape, or form. It does not have any- funds under paragraph (1), the International we can still use taxpayers’ money. If thing to do with the UPS strike what- Brotherhood of Teamsters shall agree to for some reason the Teamsters do not soever. repay the Secretary of the Treasury for the have the money, they can borrow The only involvement of the UPS costs incurred by the Department of Labor money from the Federal Government. strike was the fact that they found out and the Department of Justice in connection They just have to pay it back. It hap- there was a corrupt election, and that with the conduct of an election described in pens to be, in my opinion, consistent information was withheld until after paragraph (1). Such agreement shall provide with the consent decree because the the strike was over. I am just saying, that any such repayment plan be reasonable and practicable, as determined by the Attor- consent decree is silent. The word let us just make sure that taxpayers do ney General and the Secretary of Treasury, ‘‘rerun election’’ is not mentioned in not get stuck again. We got stuck in and be structured in a manner that permits the 1989 decree. 1996. It was a corrupt election. Let us the International Brotherhood of Teamsters So what we are trying to say is, in fu- not let it happen again for future elec- to continue to operate. ture elections they should pay for it. tions. (3) REPAYMENT PLAN.—The International We can still have Federal Government Mr. President, I yield the floor. Brotherhood of Teamsters shall submit to monitors. We can still have some over- Mr. KENNEDY addressed the Chair. the President of the United States, the Ma- sight to try to make sure it is not The PRESIDING OFFICER. The Sen- jority and Minority Leaders of the Senate, abused, as that last election was. Tax- ator from Massachusetts. the Majority and Minority Leaders of the payers were abused as well as Team- Mr. KENNEDY. Mr. President, as two House of Representatives, and the Speaker of Senators have indicated, this is basi- the House of Representatives, a plan for the sters last time. So I urge my colleagues to support cally a restatement of the Nickles repayment of amounts described in para- amendment. The Senator from Okla- graph (2), at an interest rate equal to the this amendment. Federal underpayment rate established Mr. President, I ask for the yeas and homa indicated earlier in the course of under section 6621(a)(2) of the Internal Reve- nays on the amendment. the debate that he was not interested nue Code of 1986 as in effect for the calendar Mr. CRAIG. Would the Senator yield? nor did he want to interfere with the quarter in which the plan is submitted, prior The PRESIDING OFFICER. Is there a consent decree that had been signed in to the expenditure of any funds under this sufficient second? 1989. section. There is a sufficient second. I offered an amendment to make sure (c) This section shall take effect one day The yeas and nays were ordered. that that would be the case, by neither after enactment of this Act. Mr. CRAIG addressed the Chair. requiring the payment of taxpayers’ Several Senators addressed the The PRESIDING OFFICER. The Sen- funds to be used in a subsequent elec- Chair. ator from Idaho. tion nor prohibiting funds to be used. The PRESIDING OFFICER. The Sen- Mr. CRAIG. Would the Senator from The principal issue that is before the ator from Idaho. Oklahoma yield for a question? Senate is whether we are going to Mr. CRAIG. Mr. President, the sec- Mr. NICKLES. Certainly. interfere with a judicial proceeding ond-degree amendment clarifies a few Mr. CRAIG. Does your first-degree that is before the Southern District points in the first-degree amendment. amendment prohibit the Government Court of New York in which briefs are As you noticed, the clerk read section from overseeing the rerunning of an required to be filed on September 17. (c) which merely discusses time of en- election? This agreement, this consent decree, actment and time in which the pro- Mr. NICKLES. The answer to the is not the result of the Clinton admin- posed amendment would take effect. Senator’s question is no. The Govern- istration or the Clinton Department of September 4, 1997 CONGRESSIONAL RECORD — SENATE S8807

Labor. This consent decree was initi- Senator from Alaska, Senator STE- ditional briefs—September 17—to be ated by Mayor Giuliani in 1988 and VENS, said we should be about the fact submitted in the district court of New agreed to in the Federal District Court of having an appropriations and move York on this very issue with regard to of New York in 1989 and approved by a the appropriations process forward and the recent election. This is a consent Republican Attorney General. They un- should not become involved in these decree that is ongoing and is continu- derstood the powers which were being extraneous issues. ing. included in that consent decree. They There will be those comments later What we are being asked is effec- understood fully what was being agreed on, I am sure, probably not too long tively to have legislative interference to. The record demonstrates that. We from now, about how some Members into a judicial proceeding. That case can have a chance to go through that are delaying the completion of the ap- was made very clearly, I thought, and in greater detail if there really is a propriations bill, when we took an hour convincingly by Senator SPECTER and question by the Members on that par- last night to consider the issues of others, that there is a clear constitu- ticular fact. They understood the range fetal transplantation, which is an issue tional issue about separation of pow- of authority and responsibility as a re- that has been debated and debated and ers. I think it is very clear from the ad- sult of that particular agreement. debated and debated, in which this ministration’s letter that this will This was based upon some 30 years of body had gone on record time and time open this measure to a veto. I certainly various activities by the Teamsters again, and we debated that over the believe that it should, since it is a and the resulting initiative by Mr. course of the morning, which was basi- clear violation of the separation of Giuliani, who was the U.S. attorney in cally an extraneous issue, and now we powers. New York trying to bring a resolution have been debating over the course of We were not either requiring, under to a great deal of the challenges, the the afternoon about this issue which is the amendment that we had, that there difficulties, and the corruption that extraneous to the appropriations proc- be an expenditure of public funds or had been a part of the Teamsters in the ess and procedure. not. We are not trying to give guidance past. The statement of the administration to the court to make a judgment. That So now we have had intervening ac- with regard to this legislation is very judgment ought to be made on the tivities under that consent decree. But clear. I will read it again: Unfortu- basis of the facts and the briefs that that consent decree has not been con- nately, the administration understands are submitted to it. cluded. As I mentioned, that consent that a number of controversial amend- Mr. SARBANES. Will the Senator decree is active, and it is very much ments may be offered, such as an yield further for a question? alive. amendment to halt the testing initia- Mr. KENNEDY. Yes. I did not hear the voices of those who tive, an amendment to prohibit the use Mr. SARBANES. It is my understand- are so troubled this evening complain- of funds in the act for supervising the ing that the consent decree left open ing about that consent decree in 1988 or Teamsters’ election. that question and placed the power to 1989. I did not hear the voices that are That is what this amendment does. It decide it in the court; is that correct? speaking on the floor of the U.S. Sen- effectively undermines the court’s Mr. KENNEDY. The Senator is cor- ate tonight that are concerned about flexibility in terms of the supervision rect. how the consent decree was going to be of the Teamsters election. Mr. SARBANES. This amendment implemented, saying that we will agree Mr. SARBANES. Would the Senator would, in effect, negate that aspect of to a certain part of the consent decree yield for a question? the consent decree, would it not? but we will not agree to other provi- Mr. KENNEDY. Yes. Mr. KENNEDY. The Senator is cor- sions of it. That was not the case. Mr. SARBANES. Doesn’t, in fact, rect. The only initiative, and the new ini- this amendment undercut the consent Mr. NICKLES. Would the Senator tiative, to somehow interfere with this decree? The consent decree leaves yield? consent decree comes 2 weeks after the open, as I understand it, the possibility Mr. SARBANES. For a question. UPS and Teamsters strike, which was a that the supervision of this election Mr. NICKLES. If you read page 16 of strike for some 15 days and which re- will be done by public funds. It does the consent decree, it does not mention sulted in the protection of certain not say that it will be, but it leaves ‘‘rerun.’’ We are not affecting or chang- rights of American workers, the 185,000 open that possibility. This amendment ing the consent decree in any way. workers that were working for UPS, closes out that possibility. It closes out Mr. SARBANES. Yes, you are; be- and other rights in terms of part-time that possibility. That possibility was cause the consent decree opens the pos- workers and other issues involving pen- part of the consent decree. It was left sibility that the court will require that sions. to the judgment of the court whether, the election be paid for with public There are those who say, ‘‘Well, this in fact, that remedy will be used. Is funds. It does not say that it will, but is completely coincidental. This is that not the case? it does not say that it will not. It really just here today. We just feel it Mr. KENNEDY. The Senator is cor- leaves open that option to the court. now in our bones that the fact that it rect. You are denying that option by your is just after the successful UPS strike Mr. NICKLES. Will the Senator amendment and, therefore, undoing the has nothing to do with it. And the in- yield? consent decree. dignity which has been demonstrated Mr. KENNEDY. With the understand- How do you expect people to enter on the floor of the U.S. Senate to sug- ing of the Justice Department that into a consent decree? gest that there might be some kind of that may very likely or probably be Was it 30 years they spent trying to correlation between the fact that this utilized. work out a consent decree, did the Sen- amendment is being offered now today, Mr. SARBANES. Wasn’t this consent ator say earlier? tonight on this appropriations bill, is decree approved by the Justice Depart- Mr. KENNEDY. Thirty years that startling to me.’’ It speaks for itself. ment? this was a matter. The facts speak for themselves. The Mr. KENNEDY. Approved by the Re- Mr. SARBANES. A consent degree facts speak for themselves. I think the publican Justice Department under that was involved with the Bush ad- Members in this body understand what Secretary Thornburgh, who embraced ministration, approved by Attorney is going on here. and endorsed and supported it, this General Thornburgh, actually carried As has been pointed out by Members consent agreement, that was initiated out, I take it, by U.S. Attorney on the other side—Members on the by now Mayor Giuliani, who was the Giuliani at that point. other side—this is a judicial process, Republican U.S. attorney in New York Mr. KENNEDY. That is correct. judicial proceeding, and it should not City. Mr. SARBANES. Of the Southern be altered or changed. That was a Re- Mr. SARBANES. So this amend- District of New York. publican Senator, Senator SPECTER, ment—— Now we are coming with an amend- who pointed that out very effectively Mr. KENNEDY. If I could further re- ment to undo this process. and very well. And we have the state- spond, the consent decree required, as Mr. NICKLES. Will the Senator ments of others on the other side. The of September 17, the submission of ad- yield? S8808 CONGRESSIONAL RECORD — SENATE September 4, 1997 Mr. KENNEDY. I yield for a question. ernment to fund part of the election of- to undo the consent decree at a time, Mr. NICKLES. I am happy to tell my ficer’s supervision in some ways. It as I understand, that the court, 2 weeks colleague that in reviewing the consent may be limited, maybe to that elec- from yesterday, will be receiving briefs agreement we did not undo anything. tion, or it may require the union to do on this very issue of the election, is The consent decree does not say any- so, or it may require each party to bear that correct? thing about a rerun election. It says some of the costs. All of that is out and Mr. KENNEDY. The Senator is cor- that the Teamsters will pay for the all of that is possible. rect. 1991 election and it says taxpayers will The point is we do not know how the Mr. SARBANES. If ever there was an pay for the 1996 election. It does not court will rule. We don’t know how the instance of trampling in on the part of say anything about who will pay for a court will rule, but this amendment the Congress and in effect, undoing an subsequent election. We are trying to now would tell the court that regard- arrangement that was very carefully clarify that. less of its ruling, regardless of its rul- and elaborately worked out and, in We had 56 votes who say the tax- ing, the Government will not be per- fact, done so by now Mayor Giuliani payers should not, that the Teamsters mitted to fund any of the election. but then U.S. Attorney Giuliani in the should. I think that is consistent with Even if the consent order requires the Southern District of New York, ap- the consent decree. Government to pay for part of it, the proved by the Department of Justice, I might mention, the CRS just stud- amendment would refuse to permit headed by Richard Thornburgh, and ied this, and whose legal analysis I will that. Thus, the amendment would held out by President Bush as a major refer to again, says the Congress has interfere with an ongoing judicial proc- accomplishment. the right to do this, period. ess. I thank the Senator for yielding. Mr. SARBANES. I ask the Senator Effectively, the amendment, I believe Mr. KENNEDY. I thank the Senator from Massachusetts, my understanding would force the Government to be in a for his comments because they make was that the 1996 election was never position of reneging on this consent de- the case extremely well and effec- certified. cree. It would, I believe, leave the Gov- tively. Mr. KENNEDY. The Senator is abso- I suggest the absence of a quorum. ernment subject to a contempt cita- The PRESIDING OFFICER (Mr. lutely correct, so it is still an open tion. I think you can make a strong BROWNBACK). The clerk will call the question. That is a basic and fun- case at that time if we were to take roll. damental point. That 1996 election has this kind of action that the Govern- The bill clerk proceeded to call the never been certified. ment itself would be liable to a con- roll. Mr. SARBANES. So the rerun they tempt citation. Mr. NICKLES. Mr. President, I ask are talking about would in effect flow Mr. SARBANES. Will the Senator unanimous consent that the order for out of the 1996 election, does it not? yield? the quorum call be rescinded. Mr. KENNEDY. The Senator is cor- Mr. KENNEDY. I yield. The PRESIDING OFFICER. Without rect. It is not necessarily a require- Mr. SARBANES. In fact, as I under- objection, it is so ordered. ment for a rerun. We do not know what stand it, part of the consent order was Mr. NICKLES. Several comments the judge is going to require. The judge a consent by the union to have the 1996 were made that we are vitiating the may require a rerun. The judge may election supervised by an election offi- consent decree. Totally false. I will tell not require a rerun. All we are saying cer, is that not the case? my colleagues, you can read the con- is that we are not going to interfere in Mr. KENNEDY. That is correct. sent decree, it does not say anything the prerogatives of the consent agree- Mr. SARBANES. Of course, part of about a rerun election. The consent de- ment which has been agreed to by the that was that would be done at Govern- cree did say that the Teamsters would various parties who had a clear under- ment expense, to supervise the 1996 pay for the 1991 election and taxpayers standing about what the powers were election? In other words, what the Gov- would pay for the 1996 election. for the various parties. ernment was getting out of this at the The Teamsters came out very well. Mr. MCCAIN. Will the Senator yield? time was continued supervision of They got a nice gift, $22 million, maybe Mr. KENNEDY. I yield. Teamster elections, and part of the more, which is over about $45, maybe Mr. MCCAIN. I am reminded of the consent decree was that the super- $50 per person as the cost to the tax- words of the wonderful Mo Udall who vision of the 1996 election, extending payers of this vote. That is pretty high. said, ‘‘Everything on this subject that well beyond the 1991 election, would be Some of us do not think we should do could possibly be said has been said, done at Government expense, is that it again. only not everybody has said it,’’ and I correct? Maybe I was asleep at the switch in wonder if we had any time that we Mr. KENNEDY. The Senator is cor- 1989. It happened. Nobody objected. might want to conclude this debate rect. And in 1991, since the Teamsters paid since I do have a couple of pending Mr. SARBANES. Now the consent de- for it, it never came up. I was not amendments that I would like to ad- cree remains silent on the question of a aware of it until after the 1996 election dress tonight. rerun of that election since it has not and we found the abuse. It is an abuse Could the Senator from Massachu- been certified. This amendment would, on the Teamsters and on the taxpayers setts give me an idea as to perhaps in effect, deprive the court of an option and should not be repeated. That is the when we might be able to move on? that is now available to it, an option reason we have the amendment before Mr. KENNEDY. As long as this mat- that, in fact, was left open by the con- the Senate. ter is before the Senate I think we are sent decree. This is simply undoing a We do not vitiate the consent decree. going to have an opportunity to talk consent decree. You will never get con- We say in the future, judge, we know about it. There are more Members here sent decrees. the consent decree is silent. It does not now than there were earlier. I would The Bush Administration held out say who should pay for it. not object to setting this aside to con- the accomplishment of this consent de- Now, frankly, if you read the Con- sider other measures. That is not my cree as a major achievement, is that stitution it says Congress shall have idea of delaying. If it were to be set not correct? the power to appropriate money. It aside, I would not object to that proc- Mr. KENNEDY. The Senator is abso- does not say ‘‘an unelected judge.’’ It ess. lutely correct. does not say a judge, where a consent However, if we are going to be on this Mr. SARBANES. In 1989? decree is silent, has the power to go in amendment, there are both speakers Mr. KENNEDY. Correct. and mandate something, like mandat- and additional points that I think Mr. SARBANES. Did not the Presi- ing U.S. taxpayer funds. Some of us ought to be made. dent and the Attorney General hold it think elected officials should make Mr. MCCAIN. I thank the Senator. out as a major accomplishment? that decision, not unelected judges. Mr. KENNEDY. So, as the Senator Mr. KENNEDY. The Senator is cor- We are stating that in the future if from Maryland has pointed out, the rect. there is another election, let the Team- court may order the election to be run Mr. SARBANES. Now, our colleague sters pay. This is not a group of indi- or it may not. It may require the Gov- from Oklahoma and others are trying viduals that cannot afford it. September 4, 1997 CONGRESSIONAL RECORD — SENATE S8809 Mr. SARBANES. Will the Senator I am not undermining that because and the Constitution, to control Fed- yield? the consent decree touched two elec- eral funds. I think we should make it Mr. NICKLES. I am happy to yield to tions, for my colleagues’ information. very clear that in any subsequent elec- the Senator. It touched the 1991 election and tion the Teamsters should pay for their Mr. SARBANES. Does the Senator touched the 1996 election, and it did own election. Every other union in the feel the election should be supervised both elections differently. I hope my country pays for their own elections. by an election officer? colleague will realize that, and if he They should do so. Mr. NICKLES. I tell my colleague my reads the consent decree he will see Incidentally, when you look at the thought is it should be handled the way that is the fact. 1991 election, which they paid for, it it was in 1991. We had Federal super- It said in 1991 the Teamsters paid for was a good election. Then look at the vision and observation of the election the election with some Federal super- election where the taxpayers put in $22 in 1991 but the cost of the election was vision. In 1996 it said we will have Fed- million; it was a corrupt election. That borne by the Teamsters. eral supervision and taxpayers pay for should tell you something. Federal Mr. SARBANES. But the consent to it. It does not say anything about a funds don’t automatically mean you have an election officer was provided rerun. I am just saying on the rerun we are going to have clean elections. We for by the Teamsters in the consent de- should not pay for the election. We can can still have oversight. We have over- cree. Do you not ordinarily have an still have supervision but we should sight in Third World countries where election officer to supervise an elec- not pay for it. That simple. our Government is involved in bringing tion? Mr. HARKIN. Will the Senator yield? people in, whether it’s President Carter The Senator says—— Mr. NICKLES. I am happy to yield to or others, to help oversee and make Mr. NICKLES. I have the floor. the Senator. sure elections are clean and upright. Let me correct you. What I said, the Mr. HARKIN. As I understand it, this Don’t get me wrong. The Mafia has way I hope it would be done is the way election has not been certified. That been very involved in the Teamsters, it was done in 1991. You had Federal su- has been brought out in the debate, and and they have been for decades. I want pervision, you had Federal observers, therefore we are still operating under them to be out. I want the union to be you had Federal monitors, but you did the election of this year. As I under- clean. I want people to be able to vote not have taxpayers paying $22 million stand it further, the Senator can cor- and elect their representatives. It is for the election in 1991, and you had, in rect me if I am wrong, that this finding kind of embarrassing, despite all this 1991, an election that had Federal ob- of this election overseer now goes to a money, when you have a union of 1.4 servers stating that they thought this judge, the judge will make a decision million people and only 400-some-odd- was a fair, clean election. That is what as to whether or not to have a rerun of thousand voted in the last election. I I want. I want the Teamsters to have a the election and, further, cannot that don’t think the U.S. taxpayers should fair, clean election and I do not want judge then decide who should pay for have to take the hit for paying for it to the taxpayers to take another ride for it, also? the tune of $22 million. $22 million. Mr. NICKLES. I am happy to re- Mr. KYL. Mr. President, will the Sen- If we followed the thought that you spond. The consent decree does not say ator yield for a question? and Senator KENNEDY have, you could who would pay for the next election. Mr. NICKLES. I am happy to yield. have another corrupt election, tax- Now, the judge may interpret that the Mr. KYL. Let me ask this question of payers would be out another $20 or $30 judge has the authority. I do not think the Senator from Oklahoma. Since this million, an observer could receive an- they do, but that remains to be seen. is boiling down to a question of wheth- other $400,000 for saying, ‘‘Oops, it was What our amendment would do would er the taxpayers of the United States corrupt again,’’ and we could do it be to clarify, ‘‘Judge, you can make should pay for a union election or again and again and again. your order, but Uncle Sam or the tax- whether the union should pay for its Taxpayers have been taken for a ride payers are not going to pay for the own election, why was it that the con- once, we should not be taken for a ride next election.’’ sent decree that some of our colleagues again. Mr. HARKIN. Will the Senator yield? seem to be focusing so much attention Mr. SARBANES. Will the Senator I have a question whether or not this is on was entered into in the first in- yield for a question? premature. Why not wait until the Mr. NICKLES. I am happy to yield to stance? Why was the U.S. Government courts take their action and see what the Senator. involved in dealing with the Teamsters Mr. SARBANES. Well, in fact, what has happened before the Senate then Union in the first instance? And why the taxpayers got out of the consent operates. Obviously, it will happen in was it that a special officer to oversee decree was the use of the election offi- the next few weeks, I assume, and then the election had to be assigned for cer for the 1996 election. the Senate can work its will after the that, or the parties agreed to have that The Senator seems to proceed on the judge makes a decision. officer oversee the election to ensure premise that having an election officer Would that not be a reasonable that it would be a fair election? Why to supervise the election is the normal course to take? was the U.S. Government obligated to course of events. That is not the case. Mr. NICKLES. I do not think so for provide these funds for this labor One of the things that was negotiated this reason: One, because I think the union, for a private labor union elec- in the consent decree was getting an Congress of the United States was tion? election officer for the 1996 election. elected to appropriate the money, not Mr. NICKLES. I will read a state- Let me read from the consent decree. an unelected judge in New York; and, ment that came from the Department Mr. NICKLES. Is that a question? two, this is timely because this is an of Justice, on page 2: ‘‘Because of the Mr. SARBANES. I will ask a ques- appropriations bill for 1998. If the elec- deep entrenchment of La Cosa Nostra tion. tion is ordered, it will be for 1998. I in the Teamsters electoral process, the ‘‘The union defendants consent to the think, instead of allowing the Depart- consent decree gave the Government election officer at government expense ments of Labor and Justice and this and the IBT the option to have the IBT to supervise the 1996 IBT elections.’’ administration, who has very close ties election supervised by a court-ap- Now, that represented a major con- with this particular union and might pointed officer.’’ cession by the union in the consent de- like to give them a $22 million gift—I It is because of the mob influence cree to place themselves under an elec- don’t think we should do that. So in that has been with this union for a long tion officer. Part of the consent decree this bill we are appropriating for next time. I want it to be out. Hopefully, it was, obviously if they were going to do year, I think we should make it very is out. Obviously, there was still some that, that the costs of the election offi- clear that the taxpayers got the shaft corruption in the last election, which cer would be paid by the Government and so did the Teamsters out of this had a lot of taxpayer funding. The fact and you are undoing that aspect of the last $22 million, and it should not hap- that the taxpayers had funds in it consent decree. pen again. didn’t clean it up. That is my point. Mr. NICKLES. Mr. President, since I We clearly have the constitutional Mr. KYL. If I could ask this question. have the floor I will make a comment. prerogative and right, as stated by CRS So the reason that my constituents in S8810 CONGRESSIONAL RECORD — SENATE September 4, 1997 Arizona had to help pay for this union cree altogether after the 1991 election. Mr. NICKLES. We had an overseer in election is because of past fraud and al- Part of the arrangement, in order to the 1991 election, but it didn’t cost $22 leged illegal conduct of the union. That get the consent decree, was that the million. We ought to be able to have is why they are having to pay for this election officer would be, at Govern- one in the 1998 election and not have it union election, or why they paid for ment expense, appointed to supervise cost taxpayers $22 million. The over- the last union election; is that correct? the 1996 election. Now, that is the elec- seer costs almost $400,000 for that one Mr. NICKLES. That’s correct. Obvi- tion that is in question. That is the position. That is a lot of money. I don’t ously, the fact that they paid $22 mil- election that has not been certified. I have too many constituents that make lion didn’t guarantee a clean election. mean, you act as though the involve- that kind of money—$175 an hour. We Mr. KYL. Obviously. The last ques- ment of public moneys did not achieve had a lot of supervision and still had a tion I ask is, why, if it is the union’s a public objective. corrupt election. We can still have su- elected officials’ fault that the tax- What was the Bush administration pervision, but we should not pay for it. payers had to spend this money in the thinking about, and what was Attorney We had a clean election in 1991. We first instance because they had allowed General Thornburgh thinking about, to should not have to do this again in the fraud and alleged corruption to support a consent decree that provided 1998. come into the union and tossed out the that the Government would pay for the Mr. SARBANES. I say to my col- ability of the union to conduct its own 1996 supervised election? Obviously, league that that is not the consent de- election on behalf of its members, why, what they were thinking about is they cree which the Bush administration ap- once the taxpayers paid for an election, would get an election officer to super- proved and which they presented for- should they have to pay for it a second vise the 1996 election, so they would ward as a major accomplishment. That time? The taxpayers didn’t do anything carry the supervision of the Teamsters is an interesting argument, but the wrong; it was the union officials. beyond the 1991 election. Senator should have used it in 1989, at Mr. NICKLES. I agree. That is the Now you are coming in and you want the time the Bush administration sanc- purpose of the amendment. We have a to undo this arrangement. My view is, tioned this consent decree. Otherwise, majority—I think we have one, or I be- you are intervening in an established you never would have had an election lieve we will have a majority when we court procedure under the consent de- officer for the 1996 election. It is treat- vote, and I hope that we vote on the cree. Second—and I suggest that people ed as though that is a normal course of amendment in the not-too-distant fu- stop and think about this very care- events. That is a major part of the bar- ture. fully—you are running the very high gain that was reached in the consent Mr. SARBANES. Mr. President, I risk that you will enable the Team- decree, keeping an election officer. The want to respond to the questions put sters to come out from under the con- other part of the bargain was that the by the Senator from Arizona. The Sen- sent decree, as far as having an elec- Government would pay the cost for the ator seems to proceed on the premise tion officer is concerned. The people on supervised election. that you are entitled to have an elec- the other side will certainly say that Mr. BINGAMAN. Will the Senator tion officer to supervise a union elec- other unions pay for their elections; yield? tion, although he referred to them as the Government doesn’t pay for their Mr. SARBANES. I yield for a ques- ‘‘private unions’’ and said, ‘‘Why are union elections. That is true. But they tion. we paying for this with public funds?’’ don’t have an election officer to super- Mr. BINGAMAN. It strikes me that Now, the deal that was made in 1989 vise it either. the job of Congress is to appropriate by the Bush administration and by At- In fact, the other side referred to this funds for the Federal courts to admin- torney General Thornburgh was that as private elections on the part of the ister justice as best they see fit. I am the 1991 election would be held with an union. Those private elections on the wondering why we are trying to wade election officer, paid for by the union. part of other unions are not supervised in and specify how this particular Fed- The Government obviously wanted to by election officers. With respect to eral judge administered the implemen- have an election officer in the picture the Teamsters elections, given the cor- tation of the consent decree which has in the next election, the 1996 election. ruption we were trying to deal with, we been entered in his court. It strikes me But part of the consent decree was, if thought it imperative to have an elec- that we have Federal courts all over the election officer was going to be in tion officer. They got an election offi- the country and we have consent de- the picture for the 1996 union election, cer in 1991 for that election. The union crees in place in hundreds, perhaps the cost of that election was going to paid for that election as part of the thousands, of cases all over the coun- be paid for by the Government. Now, consent decree. But the Bush adminis- try. Here we are, singling out one of you all talk about how anxious you are tration obviously wanted to supervise those cases and saying we are going to to keep the influence of the mob out of the next election as well, in order to step in and specify how a Federal judge the union. I certainly subscribe to ensure that they didn’t revert back to in the future should implement the ad- that. But what you are doing by this past practices. ministration of that consent decree. It amendment is you are setting up the Part of getting an election officer for just seems to me that we are micro- possibility that the union can conduct the 1996 election was that the Govern- managing, in the worst possible way, its election without an election officer ment assumed the cost of that super- and really stepping into an area that because it is out from under the con- vision. Now, that election has not been the Congress should stay out of. sent decree. The consent decree re- certified. It still remains an open ques- We should get on with the business quired the 1996 election to be done with tion, and that is the very matter on that we were given to do under the an election officer. That election has which the judge will be holding these Constitution, which is to pass appro- not been certified. It is that election hearings in less than 2 weeks’ time. priations bills, and we should let the about which there are questions, which Now we come in here and are sort of, in courts administer the cases that are the judge is now going to hear. Now, effect, trespassing on this whole ar- before them. I ask the Senator from you are going to come in and, in effect, rangement, portraying it as though Maryland if he would agree with that undo part of the consent decree. I sim- there was no return to the Government basic view. ply point out to you that it carries for the arrangement. The Government Mr. SARBANES. I think the Senator with it the very high risk that an elec- got the use of election officers in order makes a very valid point, but I will tion officer will no longer be required. to supervise these elections. I mean, take it a step further. By meddling That is how the Bush administration the Senator ought to want election of- into this, we may well make it possible got an election officer for the 1996 elec- ficers to continue—— for the Teamsters to come out from tion, through the consent decree. They Mr. NICKLES. If the Senator will under the consent decree with respect got it for 1991, and they got it for 1996. yield—— to the use of an election officer to con- The Bush administration obviously Mr. SARBANES. And not provide a duct the election. wanted an election officer in the 1996 way for the union to come out from I ask my colleagues on the other election. They didn’t want the Team- under the consent decree and the elec- side, is that a result they want? Do sters out from under the consent de- tion officer. they want the Teamsters to be able to September 4, 1997 CONGRESSIONAL RECORD — SENATE S8811 conduct an election without the use of Mr. FORD. Can the Senator help me Mr. FORD. Will the Senator yield for an election officer? a little bit in the position that I find an additional question? Mr. NICKLES. I just say I would like myself? We are sitting here with the Mr. SARBANES. Certainly. to have it where we would have super- Federal judges—almost 100 vacancies Mr. FORD. Am I right if what I see vision, like in 1991. I don’t think we around the country. And they have to here is that we are trying to say that have to give a $22 million gift to the pass a litmus test before we can ever this is a bad union here that is going to Teamsters to have an election. It is a get them to the floor so we might ap- get taxpayer dollars to have an elec- big union and a nice group of people. prove them so that justice might be tion? So, therefore, we are going to They ought to be able to elect their done and not delayed. Now we find this interfere. The issue is emotional. No leaders, and we should not have to give amendment before us saying that we question about it. But we are going to them a $22 million gift in the process. want to interfere in the courts that are interfere with the courts, and we will We can do it like we did it in 1991. already there. diminish the courts. Isn’t it time for Mr. SARBANES. I observe to the My fear is that democracy, as we thoughtful people to try to protect the Senator that the only reason you got know it, is being deleted, in my opin- judiciary here so that even though the that supervision was because of the ion, because of the meddling with the question may be sensitive it may be a consent decree. The reason you had an Federal courts and the delay of the ap- tough vote—we have had tough votes election officer in 1991, and the reason pointment of judges and the inter- before. A lot of times they are not easy you had one in 1996 was because of the ference of statutory provisions that votes. But this is one I think we have consent decree. You don’t automati- would tell the judge what to do and to look beyond to the long-term harm cally get election officers to supervise what not to do. That is not what this that might be done to the judiciary. union elections. You are absolutely country was founded on. It was founded Am I all wrong in this? right, ordinarily union elections are on justice by judges, and you have the Mr. SARBANES. No. I think the Sen- paid for by the union. It is a private as- ability to go to court. Now we are say- ator is absolutely correct. Just as the sociation. They pay for the elections. ing you can’t. court is about to pass on this previous There is no election officer to supervise Am I right or wrong? Have I lost election and make some judgment as those elections. something here, or have I found some- to what ought to be done with respect Now, what the consent decree gave thing on which my fear might be sub- maybe to holding another election, we you was an election officer because the stantiated? come along with this amendment, and Government wanted to supervise the Mr. SARBANES. I think the Senator in effect alter the consent decree. election as a way of rooting out corrup- is on a very important point. As the What the Government got out of the tion and the influence of the mob in Senator from New Mexico said, you consent decree was continued super- the Teamsters Union. They got a con- have the Congress coming in and try- vision of the Teamster election by an sent decree and it gave them an elec- ing to in effect dictate what the con- election officer. In order to get that for tion officer in 1991, and also gave them clusions are going to be in the court the 1996 election in the consent decree, proceedings—improper intrusion into an election officer in 1996 because, ob- the Government undertook to pay the the process, and a total lack of respect viously, the Bush administration didn’t costs of that election. Now people want for the separation of powers. We are want to have just one election and then to preclude that side of the bargain but talking about a consent decree here. they are off the hook. They wanted to they want to keep the election officer. keep the supervision for the 1996 elec- We are not even talking about a matter I am simply suggesting to them that which is just in the initial stages of tion. But in order to get that agree- they may lose the election officer as litigation in which we have tradition- ment and that understanding in the well and bring the Teamsters out from ally shied away from intervening in consent decree, they agreed to pay the under the consent decree. I would saying it is a matter to be resolved by costs of the supervision for the 1996 think upon reflection that that is the courts. We have a matter here that election, which is, in a sense, the elec- something they would not want to do. was in extended litigation and which tion that is still before us, since it has In fact, the consent decree very clearly resulted in a consent decree entered never been certified. states that the union defendants con- Now you are coming in, and you want into under an order of the court. sent to the election of officers at Gov- to in effect eliminate an option that is Now we are coming along and we are ernment expense to supervise the 1996 available to the judge in terms of car- going to play around with this consent rying out the consent decree. My point decree, and it is treated as though IBT elections. This was a litigated matter. It was in is that is carrying with it the very high there is no downside to it. In other the courts. In fact, the mayor of New risk that you eliminate the election of- words, they say, ‘‘Well, we will not York, the current mayor of New York, ficer. Then that raises a question. Why honor the consent decree that requires was then the U.S. Attorney, Rudy do you want to eliminate the election that we pay for the election but we will officer to supervise the teamsters elec- keep the election officer which was Giuliani, and this was the agreement tion? That brings us back to why we provided in the consent decree.’’ Which they worked out as part of the consent have the election officers to begin is unprecedented. That is not the nor- decree, as part of this litigation. Now, with. So that works the whole thing mal way you do an election with an it is suggested that, well, we didn’t get back full circle. This is a classic exam- election officer. anything for it. Of course, we got some- ple of tramping in without fully think- So they are going to keep the elec- thing for it. We got the continued su- ing through what the consequences of tion officer. But they are going to deny pervision of these elections with an doing so are. the court the ability to handle the ap- election officer. You don’t ordinarily As the Senator from New Mexico has portioning of the cost of that, which is get that with union elections. Ordi- pointed out, it intrudes into the judi- apparent currently available to the narily the unions pay for the election. cial operation, clearly. But, beyond court under the consent decree. You There is no election officer. The Gov- that, I think it carries with it a very are playing with fire. The end result of ernment wanted an election officer. high risk that you are going to be this may be that the teamsters get out They wanted to supervise these elec- hoisted by your own petard here, and from under the consent decree, and tions. The union said pay for the ’91 you are going to end up without an they don’t have to use an election offi- election. But they, obviously, want out election officer, which is an essential cer in order to conduct their election. from under it. In effect, the deal was if part of the consent agreement that was If that is what you really want to do, you are going to continue to supervise reached which the Bush administration I mean I think one ought to be explicit us with an election officer through the at the time trumpeted as a major ac- about it. I don’t think that is desirable. 1996 election, you are going to pay the complishment. The questions that have been raised costs of the 1996 election. This election Mr. FORD. Mr. President, will the about this election that just hap- we are talking about here is in effect a Senator yield for a question without pened—and, you know, obviously, you continuation of the 1996 election, and losing his right to the floor? want to be sure you have a fair election that one has not been certified. Mr. SARBANES. I yield to the Sen- given the long history of this issue in- So now we are playing, as it were, ator. volving the Teamsters Union. fast and loose with this consent decree. S8812 CONGRESSIONAL RECORD — SENATE September 4, 1997 The end result of it may be that you of fear and extortion, and so forth and I yield for a question by my colleague will get an unsupervised election so on. That suit is pending. The Gov- from Alabama. throwing the whole thing right back. ernment then reaches a consent decree Mr. SESSIONS. I thank my col- This thing was negotiated, as I under- with the Teamsters. The matter never league. In looking at the consent de- stand it, after a long period of time went to full-scale litigation. You don’t cree. We talked a lot about it. I think with very intense and extended nego- know what the outcome of the litiga- we should look at it and see what it ac- tiations. And it was finally put in a tion would have been. They reached a tually says with regard to the effort in place under the order of a U.S. district consent decree, and the Attorney Gen- the 1991 election. What I read it to judge, and it was consented to by the eral stated at the time, ‘‘This settle- say—perhaps there is more than I read. U.S. Attorney. It was consented to by ment, which union leaders agreed to But this is what I have. It says that the the U.S. Government, and consented to earlier today, culminates 30 years’ of union defendants further consent to by the plaintiffs and by the defendant. efforts by the Department of Justice to the United States Department of Jus- In fact, there is a long list of signa- remove the influence of organized tice supervising any IBT elections— tures consenting to the consent decree. crime within the Teamsters Union.’’ any. They consent to them supervising Otherwise, you would have been in liti- And the observer goes on to note that any elections or special elections to be gation. You don’t know what the out- the Teamsters signed a consent decree conducted after 1991 for the officers of come would have been. with the Federal Government to avoid the IBT, president, general secretary At the time, I can recall President a trial over a lawsuit. The union agreed treasury, vice president, and trustees. Bush declaring this a great success. I to purge its mob connections and hold Mr. SARBANES. What point is the think it was an accomplishment by the democratic elections. Then they dis- Senator making? Bush administration, by Attorney Gen- cussed the supervision that was taking Mr. SESSIONS. I think it says that it eral Thornburgh. Now we come along, place with respect to the 1991 election. gives the United States clearly the op- and we are undoing it here on the floor And the grumbling, in fact, on the part tion to do so, and pay for that election of the U.S. Senate. of some of the rank and file of the or not. In fact, I have in my hand a Mr. WELLSTONE. Will the Senator Teamsters is that the union no longer memorandum of the U.S. Department yield for one comment in the form of a belonged to them, ‘‘their second-guess- of Justice which says just that—inter- question? ing of internal decisions that we prets it just that way. It says on page Just to quote from Attorney General make,’’ et cetera, et cetera. ‘‘They are 2, ‘‘Because of the deep entrenchment Thornburgh, who said on March 14, eliminating democracy to ensure de- of the La Cosa Nostra in the IBT’s elec- 1989, to back up the Senator’s point, mocracy,’’ one of these dissidents said. toral process, the consent decree gave ‘‘This settlement, which union leaders We got that arrangement in order to the Government the option to have the agreed to earlier today, culminates 30 supervise this election in order to try 1996 elections supervised by a court ap- years’ of efforts by the Department of to root out this mob influence. Part of pointed officer.’’ Justice to remove the influence of or- the consent decree was not only that Mr. SARBANES. That is right. ganized crime within the Teamsters you have a supervisor for the 1991 elec- Mr. SESSIONS. I don’t think we Union’’—to go back. tion but you have one for the 1996 elec- would be in violation of the decree to Mr. SARBANES. This was Attorney tion, which was a marked departure have the Government—and we speak General Thornburgh commenting? from how these things are handled. for the Government, don’t we?—say to Mr. WELLSTONE. That is correct. My colleagues on the other side say, them we don’t intend to fund the sec- Just one question, because the Sen- well, we don’t pay for the elections of ond one. ator has been on the floor and I have any other unions. That is quite true. Mr. SARBANES. Do you think you been listening very carefully. It ini- No. We don’t pay for them. We don’t could have an election officer to that tially started out as a debate. I ex- have election officers to supervise election? pressed my concern that I thought them either. We don’t have them under Mr. SESSIONS. I think you have an whatever the intentions were—I said a consent decree. There is a national option to. good intentions—on the part of the col- purpose or objective to be achieved by Mr. SARBANES. How would you have leagues, but that I thought that you rooting out the corruption that existed an election officer? really couldn’t talk about this except in the Teamsters Union. This consent Mr. SESSIONS. The U.S. Govern- in the context of what has happened decree negotiated by Mr. Giuliani, or ment, because of its concern about the with the Teamsters, and I thought this by his associates, when he was a U.S. mob influence of a union, protected it- was profoundly mistaken. But now, attorney in New York, approved by the self with the right to assert, the right what the Senator has been doing as a Department of Justice, by Richard to provide an election officer in super- lawyer is—I am a lay person. I have Thornburgh, the Attorney General, was vision, to supervise the election. So we been listening very carefully. As I un- an effort to accomplish that objective. don’t have to exercise that option. derstand the Senator, what he is really In order to do that, we were able in ef- Mr. SARBANES. I say to my col- saying is that the most serious part of fect to impose an election regime upon league, a distinguished former U.S. at- this above and beyond my concerns is the Teamsters, not only for the 1991 torney in Alabama, the consent decree that it really does—as the Senator election, the immediately next forth- specifically says the union defendants from Oklahoma said earlier, he didn’t coming election, but also for the 1996 consent to the election officer at Gov- see this as being anything in contradic- election. ernment expense to supervise the 1996 tion with the consent decree—the Sen- Mr. SESSIONS. Will the Senator IBT elections. ator from Maryland is arguing that it yield? Now, if you do not regard this elec- is most certainly in contradiction, in Mr. SARBANES. Let me finish my tion that is coming up as a continu- which case it becomes a very dangerous point, and I will yield. Obviously, as ation of the 1996 election, how are you intrusion into the judiciary. part of the effort to extend out super- going to get an election officer for it Is that correct? Is that the legal prin- vision beyond another 5 years out into given the specific provisions that are in ciple here, and the government prin- the 1996 election, the Government un- this consent decree? ciple? dertook to pay the costs of the super- Mr. SESSIONS. What page is the Mr. SARBANES. I say to the Sen- vision of the 1996 election. But we got Senator on? ator, yes. That is correct. What my col- an election officer to supervise it. That Mr. SARBANES. Sixteen. leagues on the other side are failing to is the election that is now in question. Mr. SESSIONS. Are you reading the understand is the history out of which That is the election that is going to be first full paragraph there? It doesn’t this consent decree arose. In other under the scrutiny of the Federal Dis- say 1996 election. It says they consent words, the Federal Government filed trict judge in New York. Now we are to supervision of any election. That suit against the Teamsters alleging sort of messing with that situation means obviously the United States did mob influence in the Teamsters, and it without even beginning to have any not intend to supervise all those elec- went through an involved presentation full appreciation of what the con- tions. The United States only under- of what the issues were, the campaigns sequences may be. took to do so if it chose to do so. September 4, 1997 CONGRESSIONAL RECORD — SENATE S8813 Mr. SARBANES. If I could interrupt Legislation enacted by Congress limiting happening; namely, an unsupervised my colleague—— or restricting the funds for the 1996 election election. I am sure there are many Mr. SESSIONS. That is what the De- would be a Federal law, and the Government Members who do not want an unsuper- partment of Justice, the Clinton De- parties would be bound to take appropriate vised election. partment of Justice, memorandum action in reliance on that law. What are the consequences to the Congress Mr. SESSIONS. If the Senator will says, that it has the option. I think of not appropriating all the funds necessary yield, I do not think the legislation re- that’s the most plain reading of it, and to supervise the 1996 IBT elections? quires that. In 1991, we did not fund the I suggest to you the union agreed to There would appear to be no consequences elections but had supervision. I think this reluctantly, preferring not to per- to the Congress. The consent decree does not we can have supervision through the haps but because they had to. I just appear to obligate the Government to super- Department of Labor or Justice. But don’t think that would be a fair inter- vise the 1996 elections, either directly or in- we do not have to fund a $22 million pretation of it. I think the most nor- directly. Rather, the decree embodies the election. mal interpretation would be that they consent of the union defendants to govern- Mr. SARBANES. It is not quite the mental supervision. have the option to do so, and I think same. I say to the Senator that is not this body has the right to say we Basically, the union consented that the agreement that is embodied in the choose not to fund it. Let’s not do it. they would allow themselves, their pri- consent decree. This consent decree Mr. SARBANES. I say to my col- vate entity, to be supervised as a con- was not done by this administration. league, the consent decree I am look- sequence perhaps of, as part of, a set- This consent decree was done by the ing at, in the first sentence of the first tlement to avoid even more severe pun- Bush administration. Attorney General full paragraph on page 16 says, ‘‘The ishment that could have been enacted Thornburgh said about it, ‘‘This settle- union defendants consent to the elec- against them as a result of Mr. ment, which union leaders agreed to tion officer, at Government expense, to Giuliani’s actions against that union. earlier today, culminates 30 years of ef- supervise the 1996 IBT elections.’’ That would be to me the most logical fort by the Department of Justice to Mr. SESSIONS. Yes. But I think the interpretation of the agreement. remove the influence of organized option is the same. Mr. SARBANES. That’s right. The crime within the Teamsters Union.’’ Mr. SARBANES. That’s the point. union agreed to this as part of the con- The Senator had service as a U.S. at- Mr. SESSIONS. Let’s look at what sent. But the consent decree says the torney, and you know when you agree the Department of Justice memoran- union defendants consent to the elec- to enter into a consent decree, you dum says. The point of the Department tion officer, at Government expense, to know, in effect, there is some give and of Justice memorandum about the 1996 supervise the 1996 IBT elections. take on both sides, and this was the ar- election was that it concluded the De- You are coming along and saying we rangement that was made. It was done partments of Justice and Labor be- want to keep the election officer—let by Giuliani, approved by Thornburgh, lieved they should be involved in super- me put this question to the Senator. vising the 1996 election. trumpeted by President Bush as a suc- Does the Senator want the Teamsters cess. I thought it was a success. I con- Mr. SARBANES. That’s right. to be able now to go ahead and have a Mr. SESSIONS. And they chose to tinue to think it is a success. And I private union election without super- exercise that option. I think this body certainly don’t think we should run the vision, without an election officer? has the right to say we don’t think we risk here of undoing the consent decree Mr. SESSIONS. This Member says should exercise the next option; at by refusing to carry out the Govern- that I would oppose strongly any more least we are not going to fund it. ment cost of the elections and lose the Mr. SARBANES. The Department funding of a $22 million election, and I election officer as a consequence and wanted to supervise the 1996 election. am prepared to vote against it in that allow the Teamsters to have an unsu- They got the consent, they got it as regard. pervised election, and that is the fire part of the consent decree from the Mr. SARBANES. Even if the con- you are playing with here. union to do so, but the costs of the sequence of that is that you have an What we really should do here is we election would be borne by the Govern- unsupervised Teamster election be- should back off and let the court han- ment. cause they are out from under the con- dle this matter. The court has a con- We ought to let the court decide sent decree? Is that correct? sent decree to administer. It has op- what the consent decree means be- Mr. SESSIONS. They may be. That is tions. Under that consent decree, the cause, if you start playing around with right. court could, in effect, maintain super- a consent decree with respect to the Mr. SARBANES. I do not agree with vision and not pick up the costs of it. cost of the election, the next thing you the Senator. I mean, I put this ques- But that is a matter for the court to do may discover is that you have let the tion earlier, and it is interesting now as it interprets the consent decree. If Teamsters out from under the consent to have this discussion take this turn we try to do it on the floor as we are decree and you will not have an elec- because now we are beginning to see trying to do right now, we run the risk tion officer, which was part and parcel apparently on the part of some Mem- of upsetting this whole apple cart and of the arrangement that was made in bers, they are really prepared to coun- the whole effort to purge the Team- the consent decree. tenance the notion of having an unsu- sters and to get an honest union. That is the point I am trying to pervised Teamster election. Mr. SESSIONS. I thank the Senator make. You are running a very large Mr. SESSIONS. If the Senator will for yielding, and I just would disagree; risk here that you are going to lose yield—— I don’t think the Government is re- your election officer to moderate and Mr. SARBANES. In effect, we are re- quired to conduct or fund this election, supervise these Teamster elections. pudiating the option of continued Gov- and I do not think we should. And we have a strong public interest in ernment payment of the election as a Mr. HARKIN. Will the Senator yield preserving an election officer. Let the way of in effect losing your supervision for a question not even related to this court decide what the consent decree over the Teamsters election. I do not at all? I would like to know if the Sen- means, and the court can then do it in see how the Senator can take that po- ator has any information or knowledge a way that assures you that the Team- sition when questions have been raised about how long we are going to be here sters will not come out from under ap- about the validity of the 1996 election. this evening? I say that as the minor- plication of the election officer. That is This is the very thing that the court is ity manager of this bill. the point. going to be deciding up in New York, If we are not going to vote this Mr. SESSIONS. If the Senator will and we ought to let the court decide evening—maybe someone on the other yield, I must say I am most impressed what the consent decree means. side could tell me. If we are not going with the eloquence that the Senator I think this exchange just now is a to vote this evening, I think we ought has brought to this argument and has pretty dramatic illustration of why we to let Senators know so Senators can done remarkably well, I think, with ought to let the court decide what it go home. It is now 8 o’clock at night. not a lot to work with. means because otherwise we are run- We have had a fairly spirited discussion The Congressional Research Service ning the very high risk of exactly what and debate. I don’t mean to limit de- has also indicated that: the Senator said he would countenance bate or anything, but I think we ought S8814 CONGRESSIONAL RECORD — SENATE September 4, 1997 to have some information so that Sen- to have more full-time jobs as opposed tainly include myself, and this was es- ators can either stay around for a vote to part-time jobs. There was a focus on sentially the position I think the Sen- or at least go home to be with their living-wage jobs. ator from Pennsylvania has taken— families. The interesting thing is that I think which is this is just an overreach. I Does the Senator know anything the public really rallied behind the mean, to just try to overturn or basi- about that? UPS workers. I think that the public cally contradict or subvert this con- Mr. SARBANES. No. This isn’t my felt that what the workers were talk- sent agreement, to interfere with the amendment. I am just responding to ing about, what this union was talking judicial branch, is a profound mistake. the offering of this amendment, which about, was how you earn a decent liv- So, my colleague from Alabama is I think is a very bad idea and which I ing and how you are able to give your correct. The point was that there am trying to develop. Actually there is children the care you know they need would be a vote after Senators had a a benefit to be gathered by some dis- and they deserve. chance to fully discuss this. But, from cussion of this matter, which was illus- I think that this amendment, the my point of view, there are now three trated by the exchange we just had, be- Nickles-Craig amendment, is such an sets of questions that have been raised cause it was clear that at least there overreach because now what we have, that I think are extremely important. are some Members who, in order to just on the heels of this successful ef- Other Senators may want to discuss avoid the costs, are prepared to let the fort on the part of Teamsters to bar- this as well. Or we might be able to Teamsters have an unsupervised elec- gain collectively, is an effort—and now reach some kind of agreement as to tion and let them out from under the I have listened to this; I am not a labor how we proceed. But, I think this is consent decree. I think that would be lawyer—but an effort which essentially something that, if the Senate is a de- very bad. overturns a consent decree which was liberative body, then we need to be Mr. HARKIN. I agree. extremely important and essentially very deliberative about this. Mr. SARBANES. I think that would says we are going to go right to the We had an agreement with a Repub- be a bad consequence. heart of the judiciary and go back to lican administration, the Bush admin- Mr. HARKIN. I agree entirely with an agreement which goes back, what, istration, which really dealt with 30 the Senator from Maryland. 30 years or thereabouts. I am sorry, years’ history. It was important. It was Mr. SARBANES. And an undesired this was initially agreed to in—I had it an effort to root out corruption. We consequence. before me. Might I ask the Senator had an agreement that was, I think, a Mr. HARKIN. I agree completely from Massachusetts a moment, the very important step forward. Now what with the Senator. original agreement with the Bush ad- we have is an effort to essentially over- Mr. SARBANES. I think we are run- ministration was in 1989? turn that agreement. Now what we ning a risk with what we are doing on Mr. KENNEDY. In 1989, yes. have is an effort to directly intervene the floor of the Senate. Mr. WELLSTONE. In 1989. I have or interfere with the judicial branch. Mr. HARKIN. I am just thinking quoted Attorney General Thornburgh Now we have an effort, which I think about what the procedure is going to be on this. The idea was, look, this was, as on political grounds, and probably on for the rest of the evening. There are my colleague from Maryland has said, constitutional grounds, though I am only four or five Senators, six, in the an unprecedented situation. We were not a lawyer, I am not even sure that, Chamber. I hope we would have some talking about corruption. We were from a constitutional point of view—I information so the Senators could talking about workers who want to believe the Senator from Pennsylvania make plans. have a fair election. And we finally may have raised this question—we Mr. SESSIONS. Will the Senator had, after 30 years, an agreement here. should even be doing this, and for that yield? Now, this election has not yet been reason there are a number of us who Mr. HARKIN. I do not have the floor. certified. The Kennedy amendment have been out on the floor and have He has the floor. made no judgment about expenditure been speaking about this. Mr. SESSIONS. My understanding of money. But the idea of essentially If other Senators want to speak, I was that a vote was expected tonight trying to overturn this consent agree- have had an opportunity several times tonight to raise these concerns. Sen- but that a number of Senators had ment, to interfere directly with the ju- ator SARBANES was on the floor a long some things they wanted to say about dicial branch, to really preempt what time, I think really zeroing in on what this bill and were being provided the kind of ruling a judge might make be- the implications of this are, just in opportunity to do so. I am not aware fore any kind of ruling has been made, terms of branches of Government and that there is any agreement not to and to do this on an appropriations separation of powers and what our con- vote. I thought the agreement in fact bill, is profoundly mistaken. It is not stitutional system is about, which I was to vote. prudent. So there are a number of Sen- think are pretty important questions. Mr. SARBANES. Mr. President, I ators who have come to the floor and And one more time, as a Senator from yield the floor. have raised a whole set of questions. Minnesota who had a chance to see Mr. WELLSTONE addressed the The Senator from Kentucky, Senator what these workers were able to do and Chair. FORD, raised some questions having to who strongly supported, I think, the The PRESIDING OFFICER. The Sen- do with the judicial appointments justice, the justice goals of the strike— ator from Minnesota. being blocked here—now, yet, a kind of I have raised concerns about. I don’t Mr. WELLSTONE. Mr. President, I threat to interfere with the judicial think it looks good. I don’t think it’s say in response to my colleague from branch of Government—and whether or the right thing to do for the Senate to Iowa, I think there are Senators who not this just was not the kind of politi- be involved in such an overreach, tak- want to speak on it. I don’t know cal interference which is very inappro- ing such drastic action, which I think, whether or not there will be time to- priate. He made the point that he felt unfortunately, certainly looks like—I night in order to accommodate dif- that, as a Senator, if you were going to don’t know what the motivations are ferent people who want to comment on make a wise decision about this you of Senators—that it is very connected this amendment. would have to be in opposition to this to this UPS workers’ strike. But as I understand it, and I will just amendment. Mr. President, I will not speak any try to summarize, there are two dif- Senator KENNEDY started out tonight longer on the floor of the Senate. I will ferent sets of concerns I have. One set talking about both the context of this, yield the floor. of concerns which I would repeat has to the UPS workers and the successful ef- Mr. FORD addressed the Chair. do not with the intentions of col- fort on the part of the Teamsters, and The PRESIDING OFFICER (Mr. leagues at all but has to do just with now this—what is this all about? Just HUTCHINSON). The Senator from Ken- the sequence of events, the chronology. raising questions about the timing of tucky. I just think that there is a great deal it. But, then, more important, or just Mr. FORD. Mr. President, I ques- of discussion about what the UPS as important, Senator SARBANES has tioned earlier the distinguished Sen- workers did. This was a Teamsters been on the floor and he has, I think, ator from Maryland as to a real prob- strike. There was a focus on the need provided many of us his view—I cer- lem that I have as it relates to the September 4, 1997 CONGRESSIONAL RECORD — SENATE S8815 amendment that has now been submit- ary. In my opinion, if I sign a contract, nately, our business was interrupted ted by the Senator from Oklahoma and it ought to be valid. Then to have a today. From 2 to 4, we had to go out so the Senator from Idaho. My friend valid contract canceled by the legisla- the Environment and Public Works from Alabama, the junior Senator, has tive body just doesn’t seem to me to be Committee could have a hearing and been a prosecutor. He has a great case. in the right direction. begin a markup on the Superfund bill, All of a sudden the Congress of the I hope my colleagues will look be- a bill that the American people surely United States blows him out of the yond the emotion of the question and would be for, because it means improv- water because we don’t believe what he be sure that their judgment does not ing the way that we clean up hazardous is pursuing there is in the best inter- usurp the strength and foundation of waste. ests of politics. this great country. We all know now lawyers are clean- So, now we are confronted with a I yield the floor. ing up. They are doing fine. But we are question that is in the courts and we The PRESIDING OFFICER. The dis- not cleaning up any hazardous waste are trying to make a judgment here to tinguished majority leader. sites. We ought to have Superfund re- supersede what might be in the courts. Mr. LOTT. Mr. President, I would form. And yet there was an objection Do we have a right to do that? I am like to respond to some of the things made to the committee meeting, so we sure we do. But in this Senator’s feel- that have been said, or questions that had to go out for 2 hours. We would not ing about this institution and this have been raised when I was off the be here right now probably if it had not country, we have three separate floor a few moments ago. First of all, I been for that 2-hour interruption. But branches. And those branches must set think I just need to reiterate here what when we take out 2 hours in the day, on their own bottom, as we would say is at stake is taxpayers’ money being we are going to make up that 2 hours down in west Kentucky. We should let used to pay for labor union elections at night, or 3 hours. them make their decision. where there has been a record of fraud I have spent a year trying to be sen- I think this is a very dangerous posi- and abuse. Yes, there was a consent de- sitive to Senators’ needs, to know what tion. The emotion of the amendment is gree in 1989. How long does it apply? In the schedule is going to be, to be with good. We have a big, bad union here perpetuity? We had a fraudulent elec- their families, to be with their chil- that we don’t want to spend any more tion, on which, to my absolute horror, dren, to be with their dog, dogs, so we taxpayers’ dollars to see that they $22 million of taxpayers’ dollars were can have a life, but it takes coopera- have a noncorrupt election. We want a spent. It turned out it had problems. tion on both sides. noncorrupt election, but we don’t want The FBI has said so. The Justice De- I hope we won’t start down that trail to spend any money. We made an partment has even said so. So now they where we start these things that force agreement in 1989 under the Bush ad- say, oh, yes, let’s have another one and us to be in session late at night. But if ministration. There is no question let the taxpayers pay for that. So the it’s necessary, we will. That is why we about that. Let it be under President American people understand very are here now. I had offered a UC re- x’s administration. The question still clearly here, this is taxpayers’ money quest, and I am going to ask for this flies: Do we then, by our actions here, going to pay for labor union elections. unanimous-consent agreement that micromanage the courts? We are about Judges may or may not say that it would allow us to not have any more a hundred judges short in this country ought to be done. All I have to say is, votes tonight, not have any votes to- now. The majority will not let those if judges are saying taxpayers’ money morrow, but have further debate on judges come to the floor. Maybe 1 or 2 should be used to pay for private sec- amendments on the very important or 3, hopefully 4 we might get out, with tor, or labor union elections of any Labor and Health and Human Services 35 to 50 being held hostage. kind, I think it is time we take some bill during the day tomorrow, with no So, what we have done, what we are action to say we are not going to allow votes; that we would come in on Mon- doing tonight, even though the image that. day, we would have more amendments here is one thing, the end result is an- The second thing is, the question was on the Labor and Human Services ap- other. If there ever was a question that raised, ‘‘Why don’t we have some propriations bill with a vote at 5 you must put aside, however you feel, I votes? Why doesn’t somebody tells us o’clock, but only one at the request of think it is important that we support when we will have some votes?’’ Hey, the Democratic leader; and that we the system that has made this country we are ready to vote. Let’s vote on the would get at the close of business Mon- great. And that is not micromanaging Nickles amendment right now. The mo- day a final, finite list of all amend- the Federal courts. tion to table the amendment of the ments pending to this appropriations One of the things the distinguished Senator from Massachusetts carried; 56 bill. Both the managers would very Senator from West Virginia has always Senators voted to table that motion. I much like for us to help them get that attempted to do is follow the procedure believe the Senate is ready to vote for done. Then we would have other votes and the precedent on the separation of the amendment of Senator NICKLES. that might be pending from Friday or powers. He just has helped take a piece But, as we try to do around here, we Monday on this bill Tuesday at 9 or of legislation through the courts on try to accommodate everybody’s sched- 9:30. Then we would be able to wrap up line-item veto. And we are getting ules and their desire to be able to the finite list, which is not that long. ready to do it again. So the courts will check with the administration or I There are a couple controversial issues. make a decision on what this body has don’t know who. We could probably I think we can get them worked out. been able to do. Now we are trying to work out something, to have a vote on Then we would have final passage on take the position that we want to do Senator NICKLES’ amendment at some all amendments and the bill on Tues- this ourselves, in lieu of what the time certain other than tonight. He day. courts are about to do. has indicated he would, perhaps, be Then at 5 o’clock on Tuesday, we I know the big bad union, and spend- willing to do that. But if anybody has would go to the Food and Drug Admin- ing taxpayers’ money and all that, is a raised any questions about why don’t istration reform bill at 5 o’clock, not pretty good issue. But, to me, to this we vote, why isn’t somebody saying have any votes on cloture tomorrow, Senator, there is a much deeper ques- what the schedule is going to be—if not go through the cloture exercise. An tion as it relates to the three branches you want to vote, let’s vote. If anybody overwhelming number of Senators on of Government and the strength of this wants to know that, any one of the both sides of the aisle support this great land of ours in that we are at- Senators who have been speaking, I am FDA reform bill. It was reported out of tempting now to usurp those things ready to vote. That’s what we ought to committee, I think, 13 to 2. that we will go out and beat our chests do. We already had a statement of the Mr. COATS. Fourteen to four. about back to our constituents how Senate on this issue. The Senate is Mr. LOTT. When we get to final pas- great we have been doing to try to pro- concerned about use of taxpayers’ sage, the vote on FDA is going to be 95 tect them as consumers, those in our money to pay for labor union elections. to maybe 5, maybe more. Ninety-five States or districts, as our constituents. But I have also been working on a Senators want to vote on the substance Yet we are tonight, in my judgment, whole series of things that I think of FDA reform. The American people trying to usurp the power of the judici- would be fair to the Senate. Unfortu- want that. The American people want S8816 CONGRESSIONAL RECORD — SENATE September 4, 1997 to get a better system for approving the leader wanted to set that aside and and safety, that is an issue that is not drugs and medical devices and a more continue to vote on other measures going to go easily. active and a more efficient FDA. We this evening, there would be no objec- Mr. COATS. Will the majority leader ought to give it to them. I believe the tion on our side. yield? House is going to act on this. So it was So I think that it is important to un- Mr. LOTT. I will yield, since his a process to allow the Senators to con- derstand what the situation is. We are name, I believe, was invoked earlier, tinue on this bill, to get this bill com- basically considering an item which is for a response to that. pleted, get FDA up in a reasonable an antilabor item. It is raised in the The PRESIDING OFFICER. The Sen- way, and not have more votes tonight. wake of the successful UPS strike and, ator from Indiana. Senator KENNEDY has indicated he basically, is legislative interference on Mr. COATS. I felt compelled to give can’t agree to that. The alternative a consent decree which raises very im- the other side of the story. Yesterday, then is this: We will have to pull down portant constitutional issues. So there when I offered the fetal tissue amend- Labor-HHS tonight. We will then go to should not be any surprise about that ment to the Parkinson’s legislation, I two votes on Federal judges tonight. factor. had discussed the matter with Senator We will vote in the morning at 9:45 on With regard to FDA reform, the Sen- WELLSTONE. I had indicated I was will- cloture. If we get cloture, then, of ator made a very good point about the ing to take a 20-minute time agree- course, the Senator from Massachu- Members being ready and willing to ment on the amendment, 10 minutes on setts and others perhaps can talk all vote on the medical devices and the each side. I didn’t want to do anything day tomorrow if they want to. They FDA reform. What the Senator didn’t that unnecessarily delayed the bill. I can talk for 30 hours if they want to mention is the other provisions which was informed that it was not—it was after cloture on the motion to pro- apply to the cosmetic industry which acceptable to Senator WELLSTONE but ceed—on the motion to proceed now, I effectively is going to preempt every it was not acceptable to Democratic want you to know—to the FDA bill State in this country from getting ade- Members who wanted to speak on the that over 90 Senators support. quate warning in terms of health and bill but didn’t want to do it yesterday. Then on Monday, we will go back to safety in the utilization of cosmetics. That is within their rights. We could Labor-HHS, and we will have a vote on We know it is a $20 billion industry have proceeded. We didn’t. two more judges Monday, perhaps even that for the last 20 years has been try- This Senator agreed to allow to be earlier in the day than we had indi- ing to get this achieved and have a pre- pulled over until this morning. I once cated earlier, and then we will go to emption on issues relating to health again offered a time limit, and the votes at 5 o’clock. and safety that primarily affect the time limit was not acceptable. So we I mean, we are trying to get these American women in this country. essentially sat here for 21⁄2 hours this things cleared. We are going to have re- I am not going to be a part of rushing morning listening to Members of the corded votes on them. I think plan A is and ramrodding that particular provi- party of the Senator from Massachu- in the best interest of the Senate and sion through the U.S. Senate. And if I setts oppose the amendment, which the American people, our time and effi- am the only one who votes against clo- they have a right to do. But there was cient legislating. We can get our work ture tomorrow, I will take my time and no delay initiated on the part of the done without unnecessary acrimony, explain in good time what we are being Senator who offered the amendment, without getting outdone by each other. asked to consider. I have no regrets for nor was there any delay on the part of If the alternative is two votes to- insisting that we have a cloture vote. I the majority leader. night and a cloture vote in the morn- indicated to the majority leader, if he In regards to the FDA legislation, we ing at 9:45, inconveniencing unneces- wanted to have the cloture vote later were ready to go with that legislation sarily—and, again, I am trying to ac- at a more convenient time on Tuesday, before the recess, and it was the Sen- commodate people, we need to go a lit- Wednesday, or Thursday of next week, ator from Massachusetts who pre- tle later because some can’t quite be that is fine with me, absolutely, what- vented us from doing that. The Senator here at 9:45, others at 10. We will have ever he wanted to do to accommodate has every right to do that. If he has an the vote at 9:45, and we are going to other Members. objection to a part of the bill, he has a vote cloture. I just don’t see why that Mr. LOTT. If I can claim my time. right to utilize the rules of the Senate is necessary. That is where we are. Mr. KENNEDY. I ask recognition—— to stop the bill from moving forward. I am going to make a unanimous- Mr. LOTT. On that particular point, I But the facts are that the Senator consent request on that in a moment have been reasonable. I have put off doesn’t have the votes. I didn’t have and then go to judicial nominations. scheduling. the votes on some of my amendments. Does anybody have any comment or Mr. KENNEDY. If I can finish my I didn’t have the votes on fetal tissue, questions on that? I yield to Senator point and then I will be glad to yield, but I didn’t stand here and insist the KENNEDY for a question. Mr. President. Senate stay in on a day when Members Mr. KENNEDY. I know the Senator is Mr. LOTT. All right. from both sides made plans and made going to make a proposal in just a mo- Mr. KENNEDY. But I have made travel plans just because I didn’t have ment. I do want to just point out for that, so if Members didn’t want to vote the votes or I couldn’t get my way. the Members the obvious, and that is tomorrow, we could vote on this on The Senator does not have the votes that we have spent all day today debat- Tuesday or Wednesday, give the major- for the bill. He did not have them in ing two basic issues: One is the issue of ity leader an hour’s notification to the committee, and he does not have fetal transplantation which, basically, Members whenever that would come up them on the floor. There is widespread has no position on this legislation, an any time Tuesday or Wednesday, but support for the FDA reform bill, in- issue that we have debated and debated that has been rejected. We are going to cluding the cosmetics provision which and debated and which the Senate has be here for another 5, 6 weeks in this was voted on in committee. We had de- voted on time and again and the out- body. We have been attempting to ne- bate, and we voted on it in committee. come of which was fairly obvious. We gotiate these particular issues. I am The Senator didn’t have the votes from took all morning to debate that. very hopeful we will. the opposition party, didn’t have the All afternoon we have been debating I want to vote for the medical devices votes from his own party. He doesn’t the Nickles amendment which, as the and the pharmaceuticals. I commend have the votes on this floor. Senator from Alaska has pointed out, Senator JEFFORDS and all of our col- If he wants us to go through this ex- is not really basic and essential to this leagues on the committee for the excel- ercise on a motion to proceed—this is appropriations bill, which the adminis- lent work that they have done. I think just the procedure to start debate on tration indicates it would very likely that measure is a very, very important the bill—why doesn’t the Senator do veto. So it has not been the Members measure. There are one or two items what the rest of the Senators are on this side who have delayed the Sen- which I think would be addressed in doing, and that is, move forward on the ate from moving ahead. As one, among terms of amendments, but on the issue bill, make your argument, have a vote, others, who is concerned about the of the cosmetics preemption of every count the votes? If you win, you win; if Nickles amendment, I indicated that if State in the country in terms of health you lose, you lose. But you can use the September 4, 1997 CONGRESSIONAL RECORD — SENATE S8817 rules of the Senate. It is a right to the ator from Massachusetts said, ‘‘Oh, no, ments, the bill be advanced to third minority. We have used it. If the Sen- there’s something else here I want.’’ reading, and a vote occur on passage of ator wants to do that, he has the op- I think the Senator from Vermont S. 1061, and the bill remain at the desk. portunity to do that, but it inconven- has been doing the very best he can in I further ask unanimous consent that iences everybody else, and if you think the negotiations. I personally think he once the Senate receives the House it is going to change the result, maybe has negotiated too dang much. The companion bill, the Senate proceed to it is worth it, but if it is just to be ob- vote in the committee was 14–4. Why its immediate consideration, and all stinate or intransigent because you are we negotiating on all this stuff? after the enacting clause be stricken, didn’t win or your point of view isn’t Let us bring it to the floor and let us the text of S. 1061 be inserted, the accepted by your fellow colleagues, it vote. House bill be advanced to third read- puts everybody else at a disadvantage. So when I get this magnanimous ing, and passed, all without further ac- To imply the majority leader—— offer: Oh, you can have a cloture vote tion or debate. Mr. WELLSTONE. Will the Senator next week, put it off another—I offered I further ask unanimous consent that yield? a UC that would have given the Sen- the Senate insist on its amendment, re- Mr. COATS. Or the Republicans have ator from Massachusetts an oppor- quest a conference with the House on somehow conspired to deny the Sen- tunity to negotiate Friday, Monday, the disagreeing votes, and the Chair be ator from Massachusetts the right to all day Tuesday, and go on the bill on authorized to appoint conferees. make his point or to argue his point, Tuesday night. He said no. But if we I further state for the membership my goodness, we have been hearing wait until next Tuesday to have a clo- that any votes ordered with respect to that over and over and over and over. ture vote on the motion to proceed, the Labor-HHS bill on Friday and Mon- We know what the Senator’s position then he may try to force us to have a day, September 8, be postponed to is. He has the right to argue it, and he vote on going to the bill itself later on occur at 5 p.m. on Monday, with one has the right to delay it. Let’s make on a cloture vote, and then we might vote at that time, on a case-by-case sure it is not implied somehow there is someday, in another week or so, get to basis. Thereafter, we will begin votes some devious effort on the part of the FDA. That is ridiculous. There has on Tuesday morning at 9:30. Republicans to deny the Senator his been enough time. I further ask unanimous consent the opportunities. The Senate wants to vote on this Senate proceed to S. 830 following the Mr. WELLSTONE. Will the Senator issue, overwhelmingly, in a bipartisan passage of the Labor-HHS appropria- yield? way. The committee has spoken. On a tions bill—that is the Food and Drug Mr. LOTT addressed the Chair. cloture vote, on a motion to proceed, Administration reform bill—but not Mr. WELLSTONE. If the Senator will the requisite number of Senators will earlier than 4 p.m. on Tuesday, Sep- vote for cloture, I believe. So I mean, yield. tember 9, to give the Senate plenty of that is not very responsive. It is time Mr. LOTT. If you will allow me to re- time to continue to work on any agree- we get to this issue. Make your case, spond to some of the things the Sen- ments that they could come together offer your amendments. ator from Massachusetts said. He asked on, and the cloture vote scheduled for for 1 minute to wrap up, and I need to On the cosmetic thing, I mean, the Senator from Massachusetts is defend- Friday be vitiated. respond, and then I will be glad to That is the unanimous-consent re- ing and worrying about States rights. yield. quest that I think is fair for all con- With regard to the amendment before Boy, getting some role reversals around here, when he doesn’t want us cerned. I urge that it be accepted. us, it was offered at 5:05. An offer was The PRESIDING OFFICER. Is there to even get an amendment and vote on made to limit the time on that to 30 objection? it. He may have the merits on his side. minutes. I believe the managers of the Mr. KENNEDY addressed the Chair. If he does, let us hear them; we will bill were very content with that. An The PRESIDING OFFICER. The Sen- offer was made to limit speeches to 5 vote. But, you know, it is time that we ator from Massachusetts. minutes on this issue. There was no de- Mr. KENNEDY. Reserving the right move forward on Labor-HHS. It is time sire to drag it out. So, again, to imply to object, Mr. President, I want to just we vote on the merits of FDA reform. that we have been prolonging this is I cannot believe we want to further point out that the person that sets the just not accurate. delay. Every day we delay on FDA re- schedule is the majority leader. If the Now, with regard to the Food and form, there is some other delay by the majority leader files the cloture mo- Drug Administration effort to make bureaucracy at that agency that denies tion on a Wednesday, we end up having the bureaucratic FDA more responsive the people of this country medical de- the cloture vote on a Friday. That is to the needs of the American people, vices and pharmaceuticals that help what the majority leader has done. It this really affects quality of life and them with their lives and lifestyles. was his decision. He has every right to. health care, and I know the Senator And so we are not going to delay it any And that is what we have as the regu- from Massachusetts cares a great deal longer. We are going to get an agree- lar order that is before the Senate. about that. This is one way we can help ment to go to the bill on Tuesday or we But effectively what the majority them to get medical devices and phar- are going to have a cloture vote in the leader now is doing is asking a consent maceutical products available to the morning. And if the vote doesn’t suc- to vitiate what the regular order would American people. The vote in the com- ceed, we will have another one. I think be in terms of the cloture motion. I do mittee was 14 to 4. Usually when you I have been more than reasonable, and not question that we are short on the have a vote in the committee and it is so has everybody else. votes and that there will be an over- overwhelming in a bipartisan way, you f whelming vote in favor of moving to- bring it to the floor and you have de- ward the bill. But the regular order is, bate, amendments, vote, and move on. UNANIMOUS-CONSENT REQUEST as filed by the majority leader on But somehow or other, I mean, some Mr. LOTT. Mr. President, I ask unan- Wednesday, for a cloture vote on Fri- folks seem to think when you have a imous consent that the following be day. He knew what he was doing. He vote in a committee and lose, then the the only amendments remaining in knew what he was doing. negotiations begin. The leader of both order to the Labor-HHS appropriations He was the one that set the vote for parties always has to be sensitive to bill, other than the pending amend- Friday. And so I find it somewhat dif- that. I have allowed Senators on both ments, and they be subject to relevant ficult to accept easily the fact that sides of the aisle to continue negotia- second-degree amendments, and that somehow the burden ought to be on tions on the foster care bill, on other all first-degree amendments must be other Members because the Senator bills, but I have been very patient on offered prior to the close of business on now does not want to move ahead and this. And I wanted a cloture vote on Monday, September 8, other than the have the vote on Friday. He was the this back in July. I was told repeat- amendments designated as managers’ one that established that process and edly, ‘‘Oh, we’re about to get it agreed amendments. procedure and set in motion those pro- to, about to get it done.’’ Every time I further ask unanimous consent that cedures. And for the reasons that I we were about to get it done, the Sen- following the disposition of the amend- have outlined earlier with regard to S8818 CONGRESSIONAL RECORD — SENATE September 4, 1997 particularly the preemption with re- Mr. LOTT. I would be glad to. immediately notified of the Senate’s gard to the cosmetics, and the protec- Mr. FORD. Is there any doubt that action and the Senate then proceed to tion of the consumers on those issues, we will have two votes as it relates to return to legislative session. which I think is a travesty in protect- judges following whatever occurs on The executive nominations at this ing the American families, and pri- your unanimous consent request? I time are as follows: Calendar No. 164, marily the American women, I am think that we need to alert your side Henry Harold Kennedy, Jr, of the Dis- going to object to the elimination and and ours. trict of Columbia, to be U.S. District vitiation of the cloture motion. Mr. LOTT. That was not in the UC. Judge for the District of Columbia, and The PRESIDING OFFICER. Objec- Mr. FORD. You mentioned you were Calendar No. 233, Frank M. Hull, of tion is heard. going to have one. Georgia, to be U.S. Circuit Judge for Mr. LOTT. In view of what I just Mr. LOTT. That is my intent. If we the Eleventh Circuit. heard the Senator say—he is right, do not have any cooperation on other The PRESIDING OFFICER. Without that is the regular order. Of course, it matters, we would vote. objection, it is so ordered. is common practice, if you work things Mr. LEAHY. If the leader would yield Mr. LOTT. I further ask unanimous out you vitiate the necessity for a clo- for a question. consent it now be in order to ask for ture vote. But, yes, I knew exactly Mr. LOTT. Yes. the yeas and nays on each of these what I was doing. And what I was doing Mr. LEAHY. Might, while you are nominations with one show of hands. was trying to carry out the will of the trying to work this out, have one of The PRESIDING OFFICER. Without Senate, and not allow one Senator to those votes on the judges? We have to objection, it is so ordered. any further delay the discussion of the do them at some point anyway. Go Mr. LOTT. I now ask for the yeas and merits of FDA reform. ahead and do it. nays, Mr. President. In view of what the Senator said, I Mr. LOTT. Mr. President, so that ev- The PRESIDING OFFICER. Is there revise my unanimous-consent request erybody will know we are on the verge sufficient second? There is a sufficient to comply with what I thought I heard of having a vote, I think it is in the in- second. the Senator saying, the same unani- terest of all of us to take 5 minutes, The yeas and nays were ordered. mous-consent request all the way down look at the list, and everybody could be f the line, except that we would have the called to notify them we are fixing to cloture vote in the morning at 9:45. begin voting. And if the Senator was NOMINATION OF HENRY HAROLD Would there be objection to that? not here, we plan to vote on two judges KENNEDY, JR., OF THE DISTRICT The PRESIDING OFFICER. Is there tonight, and hope to get two more per- OF COLUMBIA, TO BE U.S. DIS- objection? haps Monday or so. TRICT JUDGE FOR THE DISTRICT Mr. KENNEDY. I personally do not Mr. FORD. There will be a rollcall OF COLUMBIA believe I would object to it, I say to the vote on this? The PRESIDING OFFICER. The Senator. I do not know whether the Mr. LOTT. I have been requested to question is, Will the Senate advise and amendments that have been included— get rollcall votes. consent to the nomination of Henry I have not seen the list. I have had Mr. President, I suggest the absence Harold Kennedy, Jr., to be a U.S. Dis- some amendments. of a quorum. trict Judge for the District of Colum- Mr. LOTT. It has been cleared—— The PRESIDING OFFICER. The bia? On this question the yeas and nays Mr. KENNEDY. I have been given as- clerk will call the roll. have been ordered, and the clerk will surance by the staff—Mr. President, I The legislative clerk proceeded to call the roll. object temporarily until I have a call the roll. The legislative clerk called the roll. chance to talk to the minority leader. Mr. LOTT. Mr. President, I ask unan- Mr. NICKLES. I announce that the The PRESIDING OFFICER. Objec- imous consent that the order for the Senator from Alaska [Mr. MURKOWSKI], tion is heard. quorum call be rescinded. the Senator from North Carolina [Mr. Mr. KENNEDY. I object until I have The PRESIDING OFFICER. Without HELMS], and the Senator from Rhode a chance to talk to him. objection, it is so ordered. Mr. LOTT. In an effort to try to get Island [Mr. CHAFEE] are necessarily ab- Mr. LOTT. While both sides continue sent. a reasonable agreement worked out to check the amendment list and see if here—I believe our list has been Mr. FORD. I announce that the Sen- we can get an agreement on the UC, ator from Ohio [Mr. GLENN] is nec- cleared on both sides. I think the Sen- let’s start our first recorded vote, that ator from Iowa has had a chance to re- essarily absent. will be out of the way, and perhaps we The result was announced—yeas 96, view it. In the interest of trying to get can get a final agreement. something worked out here, I would be nays 0, as follows: Mr. FORD. If the majority leader will [Rollcall Vote No. 218 Ex.] prepared to take a 5-minute quorum yield, it is my hope that everyone has YEAS—96 call so we can look over the list and been notified that we are going to vote. discuss it. If we cannot get that worked I hope we would not start until such Abraham Dorgan Kyl out, then I would begin the process of Akaka Durbin Landrieu time as we feel like both sides have Allard Enzi Lautenberg taking up the two judges and voting been notified. Ashcroft Faircloth Leahy here in a few minutes. This side is all right. Baucus Feingold Levin So in view of the Senator’s com- Bennett Feinstein Lieberman f ments, and the idea that maybe we Biden Ford Lott Bingaman Frist Lugar could get an agreement, I would at this EXECUTIVE SESSION Bond Gorton Mack point—— f Boxer Graham McCain Mr. LEAHY. Will the Senator yield Breaux Gramm McConnell for a question? UNANIMOUS-CONSENT AGREE- Brownback Grams Mikulski MENT—NOMINATIONS OF HENRY Bryan Grassley Moseley-Braun Mr. LOTT. Yes. By the way, this Bumpers Gregg Moynihan unanimous-consent request was worked HAROLD KENNEDY, JR., AND Burns Hagel Murray out over a period of hours. I think it FRANK M. HULL Byrd Harkin Nickles Campbell Hatch Reed has been cleared on both sides by all Mr. LOTT. As in executive session, I Cleland Hollings Reid Senators with the exception of one. ask unanimous consent the Senate pro- Coats Hutchinson Robb Senator DASCHLE was intimately in- ceed to executive session to consider Cochran Hutchison Roberts Collins Inhofe Rockefeller volved in it. And some of the things in the following nominations on the Exec- Conrad Inouye Roth the UC were at his request, including utive Calendar, and further the Senate Coverdell Jeffords Santorum that we only have one vote at 5 o’clock proceed to an immediate vote on each Craig Johnson Sarbanes on Monday. So, I mean, everybody nomination consecutively. I further D’Amato Kempthorne Sessions Daschle Kennedy Shelby cleared it except Senator KENNEDY. ask unanimous consent that following DeWine Kerrey Smith (NH) Mr. FORD. Would the majority lead- the series of votes, and it is two votes Dodd Kerry Smith (OR) er yield? on the nominations, the President be Domenici Kohl Snowe September 4, 1997 CONGRESSIONAL RECORD — SENATE S8819 Specter Thompson Warner then be dispensed with and voted on by Feingold Kennedy Reid Stevens Thurmond Wellstone Feinstein Kerrey Robb Thomas Torricelli Wyden Tuesday? Ford Kerry Roberts Mr. LOTT. By Tuesday afternoon. We Frist Kohl Rockefeller NOT VOTING—4 don’t have an exact time set. But look- Gorton Kyl Roth Chafee Helms ing at the list of amendments, we be- Graham Landrieu Santorum Glenn Murkowski Gramm Lautenberg Sarbanes lieve we can do that by 4 or 5 o’clock Grams Leahy Sessions The nomination was confirmed. Tuesday afternoon. Grassley Levin Shelby f Mr. WELLSTONE. That is not part of Gregg Lieberman Smith (NH) Hagel Lott Smith (OR) UNANIMOUS-CONSENT AGREEMENT the agreement. I am sorry. Harkin Lugar Snowe The PRESIDING OFFICER. Is there Hatch Mack Specter Mr. LOTT. Mr. President, for the in- objection? Hollings McCain Stevens formation of all Senators, the next re- Mr. LOTT. Let me repeat, we have, Hutchinson McConnell Thomas corded vote will be the last vote to- Hutchison Mikulski Thompson we believe, a finite list. All amend- Inhofe Moseley-Braun Thurmond night. Unfortunately, we have not been ments have to be offered by the close of Inouye Moynihan Torricelli able to work out an agreement that business Monday. Look, there is not a Jeffords Murray Warner will allow us to vitiate the cloture vote Johnson Nickles Wellstone lot of really tough stuff on the list. We Kempthorne Reed Wyden on the FDA reform bill tomorrow believe we can finish all amendments, morning. So there will be a vote at 9:45. and all amendments would have to NOT VOTING—4 After that, Senator KENNEDY, assuming have been offered by the close of busi- Chafee Helms cloture is invoked, would have 4 hours ness Monday. We believe we can be Glenn Murkowski of debate on FDA reform. We could go through at a reasonable hour Tuesday The nomination was confirmed. back to the Labor-HHS appropriations afternoon. We are not locking in final f bill tomorrow for other amendments to passage. be offered, but no further votes, other Mr. WELLSTONE. I thank the Sen- STATEMENT ON THE NOMINA- than the 9:45 vote. ator. On Monday, we will have FDA debate TIONS OF FRANK M. HULL AND The PRESIDING OFFICER. Is there HENRY HAROLD KENNEDY from 12 until 1. Then we will go to the objection? Mr. LEAHY. I am encouraged that Labor-HHS at Monday at 1. We will Without objection, it is so ordered. the Senate is taking up two of the nine have a vote at 5 o’clock on Monday on Mr. LOTT. For the information of all judicial nominations on the Executive either the Nickles amendment or any Senators, again, there will be one vote Calendar. other amendment that Senators have at 9:50 on Friday. Any other votes or- I am delighted that the Senate ma- taken up during the day, or any other dered Friday or Monday before 5 will be jority leader has decided to take up the pending amendment. I believe the stacked to occur on Tuesday morning, nomination of Judge Frank M. Hull to McCain amendment is pending. We will except for the one vote on Monday be a U.S. Circuit Judge for the Elev- have one vote at 5 o’clock on Monday. afternoon. enth Circuit Court of Appeals. Since And then, on Tuesday, we will have I yield the floor, Mr. President, and I 1994, the nominee has been a United other amendment votes, if there are ask that we proceed with the regular States district judge for the Northern any pending, at 9:30. We would com- order. plete the list we have agreed on, all District of Georgia and prior to that amendments, and final passage on f she was a judge for the Superior Court Labor-HHS sometime Tuesday after- of Fulton, County in Georgia. The ABA NOMINATION OF FRANK M. HULL, noon, and then we will go to the FDA has unanimously found her to be well- OF GEORGIA, TO BE U.S. CIRCUIT reform package, but not earlier than 4 qualified, its top rating. With the JUDGE FOR THE ELEVENTH CIR- o’clock. strong support of Senator COVERDELL CUIT I had hoped we could get an agree- and Senator CLELAND, this nomination ment that would allow us not to have The PRESIDING OFFICER. The has moved expeditiously through the had a cloture vote in the morning and question is, will the Senate advise and committee and is being confirmed by be able to vitiate that. Senator KEN- consent to the nomination of Frank M. the Senate. I congratulate Judge Hull NEDY didn’t feel he could agree to that. Hull, of Georgia, to be U.S. Circuit and her family and look forward to her I hoped that we would not have to have Judge for the Eleventh Circuit. The service on the Court of Appeals. votes on Monday, but we could not get yeas and nays have been ordered. I am also delighted that the Senate all that worked out. So that is the out- The clerk will call the roll. majority leader has decided to take up line of the UC that I would like to The legislative clerk called the roll. the nomination of Judge Henry Harold renew. I have discussed this with Sen- Mr. NICKLES. I announce that the Kennedy, Jr. to be a U.S. district judge ator DASCHLE. The list has been worked Senator from Alaska [Mr. MURKOWSKI], for the District of Columbia. Since over by everybody. So I would like to the Senator from North Carolina [Mr. 1979, the nominee has been an associate renew my request with respect to the HELMS], and the Senator from Rhode judge for the District of Columbia and Labor-HHS appropriations bill that I Island [Mr. CHAFEE] are necessarily ab- prior to that he was a U.S. magistrate. made earlier and ask consent, if clo- sent. The ABA has unanimously found him ture is invoked Friday on the FDA re- Mr. FORD. I announce that the Sen- to be well-qualified, its top rating. form package, that there be up to 8 ator from Ohio [Mr. GLENN] is nec- With the strong support of Senator hours divided between Senators JEF- essarily absent. THURMOND and Delegate ELEANOR FORDS and KENNEDY for debate on S. 830 The PRESIDING OFFICER. Are there HOLMES NORTON, this nomination has and an additional 4 hours of debate on any other Senators in the Chamber de- moved expeditiously through the com- Monday, divided in the same fashion, siring to vote? mittee and is being confirmed by the beginning at 11 a.m. The result was announced—yeas 96, Senate. I congratulate Judge Kennedy The PRESIDING OFFICER. Without nays 0, as follows: and his family and look forward to his objection, it is so ordered. [Rollcall Vote No. 219 Ex.] service on the district court. Mr. LOTT. I further ask that the YEAS—96 With these confirmations the Senate Senate proceed to S. 830 following pas- Abraham Brownback Coverdell will raise to 11 the number of Federal sage of the Labor-HHS appropriations Akaka Bryan Craig judges confirmed this year and exceed, bill, but not earlier than 4 p.m. on Allard Bumpers D’Amato for the first time this year, the snail- Ashcroft Burns Daschle Tuesday, September 9. Baucus Byrd DeWine like pace of confirming one judge per Mr. WELLSTONE. Reserving the Bennett Campbell Dodd month. The Senate pace will rise to an right to object, Mr. President. I want Biden Cleland Domenici anemic 1.2 judges per month. Mean- to ask a question. On Labor-HHS, Bingaman Coats Dorgan while, vacancies have continued to Bond Cochran Durbin amendments laid down by Monday, are Boxer Collins Enzi mount and the delays in filling vacan- you saying all amendments have to Breaux Conrad Faircloth cies continue to grow. S8820 CONGRESSIONAL RECORD — SENATE September 4, 1997 It is discouraging to once again have the adverse impact of vacancies on the nations caught in the election year to call attention to the fact that of the ability of the Federal courts to do jus- shutdown. 61 nominations sent to the Senate by tice. The effect is seen in extended She was renominated on the first day the President some 40 nominees are delay in the hearing and determination of this session. She had her second con- pending before the Judiciary Commit- of cases and the frustration that liti- firmation hearing in March. She was tee—nominees who have yet to be ac- gants are forced to endure. The crush- then held off the Judiciary agenda corded even a hearing during this Con- ing caseload will force Federal courts while she underwent rounds of written gress. Many of these nominations have to rely more and more on senior questions. When she was finally consid- been pending since the very first day of judges, visiting judges and court staff. ered on June 12, she was again favor- this session, having been renominated The Attorney General spoke recently ably reported with the support of by the President after having been held about the ‘‘vacancy crisis that has left Chairman HATCH. She has been left up during last year’s partisan stall. so many Americans waiting for jus- pending on the Senate Executive Cal- The committee has not yet worked tice’’ noting that vacancies are up at a endar for more 3 months and has been through the backlog of nominees left time that filings are up, caseloads are passed over, again. pending from last year. Several of increasing, backlogs are increasing, This is an outstanding nominee to those pending before the committee and we are experiencing an ‘‘unprece- the District Court. She is exceptionally had hearings or were reported favor- dented slowdown in the confirmation well qualified to be a Federal judge. I ably last Congress but have been process’’ that has ‘‘very real and very have heard no one contend to the con- passed over so far this year, while the detrimental impacts on all parts of our trary. She has been put through the vacancies for which they were nomi- justice system. She spoke about the proverbial ringer—including at one nated over 2 years ago persist. The hundreds of appellate arguments being point being asked her private views, committee has 12 nominees who have canceled, the Federal judges who go for how she voted, on 160 California initia- been pending without action for more entire years without hearing a single tives over the last 10 years. than a year, including 7 who have been civil case. She said: ‘‘Quite simply She has been forced to respond to pending since 1995. without enough judges, our laws will questions about particular judicial de- There is no excuse for the commit- become empty promises and ‘swift jus- cisions. I find this especially ironic in tee’s delay in considering the nomina- tice’ will become an oxymoron, and light of the Judiciary Committee’s tions of such outstanding individuals without the independence they need to questionnaire in which we ask whether as Professor William A. Fletcher, uphold those laws, our judges will be- anyone involved in the process of se- Judge James A. Beaty, Jr., Judge Rich- come hostages to politics instead of lecting the nominee discussed with her ard A. Paez, Ms. M. Margaret being the guardians of our principles.’’ ‘‘any specific case, legal issue or ques- McKeown, Ms. Ann L. Aiken, and Ms. In July I received a copy of a letter tion in a manner that could reasonably Susan Oki Mollway, to name just a few sent to President Clinton and the Re- be interpreted as asking how you would of the outstanding nominees who have publican leader of the Senate by seven rule on such case, issue, or question.’’ all been pending all year without so presidents of national legal associa- We try to ensure that the administra- much as a hearing. Professor Fletcher tions. These presidents note the ‘‘loom- tion imposes no litmus tests and does and Ms. Mollway had both been re- ing crisis in the Nation brought on by not ask about specific cases. ported last year. Judge Paez and Ms. the extraordinary number of vacant The committee insisted that she do a Aiken had hearings last year but have federal judicial positions’’ and the ‘‘in- homework project on Robert Bork’s been passed over so far this year. justice of this situation for all of soci- writings and on the jurisprudence of We continue to fall farther and far- ety.’’ They point to ‘‘[d]angerously original intent. Is that what is required ther behind the pace established by the crowded dockets, suspended civil case to be confirmed to the district court in 104th Congress. By this time 2 years dockets, burgeoning criminal case- this Congress? ago, Senator HATCH had held 8 con- loads, overburdened judges, and chron- With respect to the issue of ‘‘judicial firmation hearings involving 36 judicial ically undermanned courts’’ as cir- activism,’’ we have the nominee’s nominees, and the Senate had pro- cumstances that ‘‘undermine our de- views. She told the committee: ‘‘The ceeded to confirm 35 Federal judges. mocracy and respect for the supremacy specific role of a trial judge is to apply Those who delay or prevent the fill- of law.’’ I agree with these distin- the law as enacted by Congress and in- ing of these vacancies must understand guished leaders that we must without terpreted by the Supreme Court and that they are delaying or preventing further delay ‘‘devote the time and re- Courts of Appeals. His or her role is not the administration of justice. We can sources necessary to expedite the selec- to ‘make law.’ ’’ She also noted: ‘‘Given pass all the crime bills we want, but tion and confirmation process for fed- the restrictions of the case and con- you cannot lock up criminals if you do eral judicial nominees.’’ The President troversy requirement, and the limited not have judges. The mounting back- is doing his part, having sent us 61 nature of legal remedies available, the logs of civil and criminal cases in the nominations so far this year with more courts are ill equipped to resolve the emergency districts, in particular, are on the way. The Senate should start broad problems facing our society, and growing taller by the day. doing its part. should not undertake to do so. That is I have spoken often about the crisis In choosing to proceed on these two the job of the legislative and executive being created by the 103 vacancies that nominees, the Republican leadership branches in our constitutional struc- are being perpetuated on the Federal has chosen once again to skip over the ture.’’ courts around the country. At the rate nomination of Margaret Morrow and to Margaret Morrow was the first that we are currently going this year, delay action on six other outstanding woman president of the California Bar more and more vacancies are continu- nominees who were reported at the Association and also a past president of ing to mount over longer and longer same time as those fortunate enough the Los Angeles County Bar Associa- times to the detriment of greater num- to be selected for consideration by the tion. She is an exceptionally well- bers of Americans and the national Senate this week. qualified nominee who is currently a cause of prompt justice. We are not I want to turn briefly to the long- partner at Arnold & Porter and has even keeping up with attrition. pending nomination of Margaret Mor- practiced for 23 years. She is supported Chief Justice Rehnquist has repeat- row to be a district court judge for the by Los Angeles’ Republican Mayor edly acknowledged the crisis being Central District of California. Ms. Mor- Richard Riordan and by Robert posed for the Federal judiciary and, I row was first nominated on May 9, Bonner, the former head of DEA under believe, for all Americans. The Chief 1996—not this year but May 1966. She a Republican administration. Rep- Justice has called the rising number of had a confirmation hearing and was resentative James Rogan attended her vacancies ‘‘the most immediate prob- unanimously reported to the Senate by second confirmation hearing to endorse lem we face in the federal judiciary.’’ the Judiciary Committee in June 1996. her. The Courts Subcommittee heard on Her nomination was, thus, first pend- Margaret Morrow has devoted her ca- Thursday afternoon from judges from ing before the Senate more than a year reer to the law, to getting women in- the second and eighth circuits about ago. This was one of a number of nomi- volved in the practice of law and to September 4, 1997 CONGRESSIONAL RECORD — SENATE S8821 making lawyers more responsive and Stevens, Christopher Bond, Strom screens to see that the answer to each responsible. Her good works should not Thurmond, Judd Gregg, Don Nickles, of those questions is no. and Paul Coverdell. be punished but commended. Her public f service ought not be grounds for delay. Mr. ENZI. I now withdraw the motion She does not deserve this treatment. to proceed. THE VERY BAD DEBT BOXSCORE The PRESIDING OFFICER. The mo- This type of treatment will drive good Mr. HELMS. Mr. President, at the tion is withdrawn. people away from government service. close of business yesterday, Wednes- The president of the Woman Lawyers f day, September 3, 1997, the Federal Association of Los Angeles, the presi- MORNING BUSINESS debt stood at $5,413,621,503,580.39—five dent of the Women’s Legal Defense Mr. ENZI. Mr. President, I ask unani- trillion, four hundred thirteen billion, Fund, the president of the Los Angeles mous consent that there now be a pe- six hundred twenty-one million, five County Bar Association, the president riod for the transaction of morning hundred three thousand, five hundred of the National Conference of Women’s business with Senators permitted to eighty dollars and thirty-nine cents. Bar Association and other distin- speak for up to 5 minutes each. One year ago, September 3, 1996, the guished attorneys from the Los Ange- The PRESIDING OFFICER. Without Federal debt stood at $5,226,657,000,000— les area have all written the Senate in objection, it is so ordered. five trillion, two hundred twenty-six support of the nomination of Margaret f billion, six hundred fifty-seven million. Morrow. They write that: ‘‘Margaret Five years ago, September 3, 1992, the Morrow is widely respected by attor- ANOTHER ACT OF TERRORISM Federal debt stood at $4,035,387,000,000— neys, judges and community leaders of SHOWS PEACE PROCESS SIMPLY four trillion, thirty-five billion, three both parties’’ and she ‘‘is exactly the IS NOT WORKING hundred eighty-seven million. kind of person who should be appointed Mr. HELMS. Mr. President, another Ten years ago, September 3, 1987, the to such a position and held up as an ex- tragedy struck the people of Israel Federal debt stood at $2,361,615,000,000— ample to young women across the today. Three Palestinian suicide bomb- two trillion, three hundred sixty-one country.’’ I could not agree more. ers attacked a crowded pedestrian mall billion, six hundred fifteen million. Mr. President, the Senate should in the center of Jerusalem. At least Fifteen years ago, September 3, 1982, move expeditiously to consider and three Israelis were killed; many more the Federal debt stood at confirm Margaret Morrow, along with were wounded. $1,110,240,000,000—one trillion, one hun- Anthony Ishii, Katherine Hayden There was another bombing in the dred ten billion, two hundred forty mil- Sweeney, Robert F. Droney, Janet C. center of Jerusalem on July 30, in lion—which reflects a debt increase of Hall, Joseph F. Bataillon, and Robert which 17 people were killed. Those more than $4 trillion, C. Chambers to be district court murders were also claimed by the Pal- $4,303,381,503,580.39—four trillion, three judges. estinian terror group, Hamas. hundred three billion, three hundred f As in July, all the requisite people eighty-one million, five hundred three will issue the required condemnations, thousand, five hundred eighty dollars LEGISLATIVE SESSION and comfort themselves that they have and thirty-nine cents) during the past The PRESIDING OFFICER. Under responded adequately. But how can we 15 years. the previous order, the Senate will now pretend that enough is being done f return to legislative session. about Palestinian terrorism? How can Mr. ENZI addressed the Chair. we look at pictures of Yasser Arafat U.S. FOREIGN OIL CONSUMPTION The PRESIDING OFFICER. The Sen- embracing a terrorist on the front page FOR WEEK ENDING AUGUST 29 ator from Wyoming. of the New York Times and still main- Mr. HELMS. Mr. President, the f tain the fiction that this is a man com- American Petroleum Institute reports mitted to fighting terror? that for the week ending August 29, the FOOD AND DRUG ADMINISTRATION The answer, Mr. President, is simple: MODERNIZATION AND ACCOUNT- United States imported 8,513,000 barrels we cannot. of oil each day, 1,786,000 barrels more ABILITY ACT OF 1997 Last month, in the wake of the most than the 6,727,000 imported each day recent Jerusalem bombing, Secretary Mr. ENZI. Mr. President, I ask unani- during the same week a year ago. of State Madeleine Albright said she mous consent that the Senate now turn Americans relied on foreign oil for would travel to the Middle East if the to the consideration of S. 830, the FDA 57.4 percent of their needs last week, PLO took the necessary steps to crack reform bill. and there are no signs that the upward down on terrorists. Those steps clearly The PRESIDING OFFICER. Is there spiral will abate. Before the Persian have not been taken. More innocent ci- objection? Gulf war, the United States obtained vilians lie bleeding in the streets. But Mr. ENZI. I object on behalf of Sen- approximately 45 percent of its oil sup- the administration still clings to the ator KENNEDY. ply from foreign countries. During the fiction of a peace process. The PRESIDING OFFICER. Objec- Arab oil embargo in the 1970’s, foreign tion is heard. I have said many times, and I say again today: There is no peace in this oil accounted for only 35 percent of MOTION TO PROCEED process. How long will we be expected America’s oil supply. CLOTURE MOTION to play along with this charade, pre- Anybody else interested in restoring Mr. ENZI. I now move to proceed to tending that meetings, consultations, domestic production of oil? By U.S. S. 830, and send a cloture motion to the and formalities can substitute for gen- producers using American workers? desk. uine attempts to deliver peace and se- Politicians had better ponder the The PRESIDING OFFICER. Pursuant curity to the people of Israel? economic calamity sure to occur in to rule XXII, the Chair lays before the In the coming months, the Congress America if and when foreign producers Senate the pending cloture motion, will reconsider the provision of assist- shut off our supply—or double the al- which the clerk will report. ance to the Palestinians. At that time, ready enormous cost of imported oil The legislative clerk read as follows: we must ask ourselves whether the flowing into the United States—now CLOTURE MOTION PLO has complied with its commit- 8,513,000 barrels a day. We, the undersigned Senators, in accord- ments, not only to Israel, but to the f ance with the provisions of rule XXII of the United States. We must ask ourselves Standing Rules of the Senate, do hereby whether Palestinian territories have LOUISIANA CONTESTED ELECTION move to bring to a close debate on the mo- become a beachead for terrorists. We Mr. WARNER. Mr. President, periodi- tion to proceed to Calendar 105, S. 830, the cally, I report to the Senate on the FDA reform bill: must ask ourselves if the PLO and Yas- Trent Lott, James Jeffords, Pat Roberts, ser Arafat are partners worthy of the work of the Rules Committee inves- Kay Bailey Hutchison, Tim Hutchin- confidence of the United States. tigation into alleged fraud and irreg- son, Conrad Burns, Chuck Hagel, Jon Mr. President, all we need do is look ularities that may have affected the Kyl, Rod Grams, Pete Domenici, Ted at the pictures on our television outcome of the 1996 Louisiana Senate S8822 CONGRESSIONAL RECORD — SENATE September 4, 1997 election. Our committee is conducting As I concluded the second series of from the President of the United this investigation under the authority Louisiana hearings, on August 27, I States, together with an accompanying given the Senate pursuant to article 1, stated that further hearings were need- report; which was referred to the Com- section 5 of the Constitution of the ed. In consultation with the commit- mittee on Governmental Affairs: United States. tee, I will soon set our next hearing. To the Congress of the United States: Briefly recapping, I reported on May The pullout of the Democrats. and re- In accordance with section 701 of the 8 of the committee’s efforts to secure a sultant loss of FBI support have com- Civil Service Reform Act of 1978 (Pub- bipartisan investigation. On May 23, I plicated our task, but we are continu- lic Law 95–454; 5 U.S.C. 7104(e)), I am reported our efforts to obtain the de- ing to make progress in this investiga- pleased to transmit the Eighteenth An- tail of FBI agents to the committee tion. My goal remains to ensure that nual Report of the Federal Labor Rela- and the agreement to issue over 130 the committee’s work is performed in tions Authority for Fiscal Year 1996. subpoenas, although for election keeping with the precedents of the Sen- The report includes information on records only. Then, on June 26, I re- ate in past election cases and to give the cases heard and decisions rendered ported that the Rules Committee the full committee my honest judg- by the Federal Labor Relations Au- Democrats had, unexpectedly, with- ment of the established facts. The com- thority, the General Counsel of the Au- drawn from the investigation—after mittee will then report to the full Sen- thority, and the Federal Service Im- only 2 weeks of committee action in ate its honest judgment of these facts passes Panel. the field. FBI support, likewise, was respecting the Senate’s duty under the WILLIAM J. CLINTON. terminated by the Attorney General. Constitution of the United States. I also reported that the results of the Suffice it to say, the results of this THE WHITE HOUSE, September 4, 1997. investigation had revealed a signifi- investigation to date are as yet incom- f cant failure, by election officials, in plete. We do not have that body of MESSAGES FROM THE HOUSE numerous Louisiana statutory provi- facts to convincingly state that fraud sions designed to safeguard the elec- or irregularities did, or did not, affect At 11:53 a.m., a message from the tion from voter fraud. Given these nu- the results of the 1996 election for the House of Representatives, delivered by merous breaches of law, although many U.S. Senator from Louisiana. Ms. Goetz, one of its reading clerks, an- appeared to be unintentional, I be- As developments occur, of such sig- nounced that pursuant to section 2702 lieved the Senate had an obligation to nificance as to inform Senators, I again of title 44, United States Code, as examine a broad number of areas where will give a timely report. amended by Public Law 101–509, the the potential for fraudulent acts and f Clerk of the House appoints the follow- voting could have occurred. ing individual on the part of the House On July 31, the committee authorized MESSAGES FROM THE PRESIDENT to the Advisory Committee on the me to continue the preliminary inves- Messages from the President of the Records of Congress: Mr. Roger David- tigation and granted me, by resolution, United States were communicated to son of Washington, D.C. the authority to issue subpoenas. To the Senate by Mr. Williams, one of his The message also announced that the date, I have issued 38 subpoenas, in ad- secretaries. House disagrees to the amendments of dition to the 134 Senator FORD and I EXECUTIVE MESSAGES REFERRED the Senate to the bill (H.R. 2016) mak- jointly agreed to issue, which have re- As in executive session the Presiding ing appropriations for military con- sulted in thousands of pages of docu- Officer laid before the Senate messages struction, family housing, and base re- ments as well as the appearance of nu- from the President of the United alignment and closure for the Depart- merous witnesses at 4 days of hearings States submitting nominations which ment of Defense for the fiscal year end- held in New Orleans. We have received were referred to the appropriate com- ing September 30, 1998, and for other testimony from officials in the LIFE mittees. purposes, and agrees to the conference [Louisiana Independent Federation of (The nominations received today are asked by the Senate on the disagreeing Electors, Inc.] organization, as well as printed at the end of the Senate pro- votes of the two Houses thereon; and the owners of Carl Mullican Commu- ceedings.) appoints Mr. PACKARD, Mr. PORTER, nications, Inc. [CMC], organizations f Mr. HOBSON, Mr. WICKER, Mr. KINGS- prominently mentioned in the Jenkins TON, Mr. PARKER, Mr. TIAHRT, Mr. REPORT OF THE ACTIVITIES OF petition and supporting documents. WAMP, Mr. LIVINGSTON, Mr. HEFNER, We have received testimony from THE U.S. GOVERNMENT IN THE Mr. OLVER, Mr. EDWARDS, Mr. DICKS, representatives of gambling-related UNITED NATIONS FOR CAL- Mr. HOYER, and Mr. OBEY as the man- companies, witnesses who have voted ENDAR YEAR 1996—MESSAGE agers of the conference on the part of more than once or had knowledge of FROM THE PRESIDENT—PM 62 the House. those who had, van drivers on election The PRESIDING OFFICER laid be- The message further announced that day, and election officials, including fore the Senate the following message the House disagrees to the amendment one who worked on election day as from the President of the United of the Senate to the bill (H.R. 2158) both an election official and as a can- States, together with an accompanying making appropriations for the Depart- vasser for a gambling company. report; which was referred to the Com- Our investigators have also inter- ment of Veterans Affairs and Housing mittee on Foreign Relations: viewed hundreds of people, regarding and Urban Development, and for sun- allegations of: mismatched signatures, To the Congress of the United States: dry independent agencies, commis- precincts closing beyond the prescribed I am pleased to transmit herewith a sions, corporations, and offices for the closing hour, multiple voting, non- report of the activities of the United fiscal year ending September 30, 1998, compliance with State voting laws, and States Government in the United Na- and for other purposes, and agrees to involvement of gambling industry in tions and its affiliated agencies during the conference asked by the Senate on the election. calendar year 1996. The report is re- the disagreeing votes of the two Houses On August 29, GAO detailed three quired by the United Nations Partici- thereon; and appoints Mr. LEWIS of persons to the committee to assist in pation Act (Public Law 264, 79th Con- California, Mr. DELAY, Mr. WALSH, Mr. the examination of election documents gress; 22 U.S.C. 287b). HOBSON, Mr. KNOLLENBERG, Mr. received as a result of subpoenas. We WILLIAM J. CLINTON. FRELINGHUYSEN, Mr. NEUMANN, Mr. are now negotiating for an additional THE WHITE HOUSE, September 4, 1997. WICKER, Mr. LIVINGSTON, Mr. STOKES, detail of qualified accountants to help f Mr. MOLLOHAN, Ms. KAPTUR, Mrs. examine the subpoenaed gambling in- MEEK, Mr. PRICE, and Mr. OBEY as the dustry documents. REPORT OF THE FEDERAL LABOR managers of the conference on the part We also have requested the Depart- RELATIONS AUTHORITY FOR FIS- of the House. ment of Justice to reconsider its with- CAL YEAR 1996—MESSAGE FROM The message also announced that the drawal and to return this case with THE PRESIDENT—PM 63 House disagrees to the amendment of added support. To date, we have been The PRESIDING OFFICER laid be- the Senate to bill (H.R. 2160) making met with their continued resistance. fore the Senate the following message appropriations for Agriculture, Rural September 4, 1997 CONGRESSIONAL RECORD — SENATE S8823

Development, Food and Drug Adminis- OBEY as the managers on the part of S. 1147. A bill to amend the Public tration, and related agencies programs the House. Health Service Act, Employee Retire- for the fiscal year ending September 30, f ment Income Security Act of 1974, and 1998, and for other purposes and agrees the Internal Revenue Code of 1986 to to the conference asked by the Senate MEASURES REFERRED provide for nondiscriminatory coverage on the disagreeing votes of the two The following bill, previously re- for substance abuse treatment services Houses thereon; and appoints Mr. ceived from the House of Representa- under private group and individual SKEEN, Mr. WALSH, Mr. DICKEY, Mr. tives for the concurrence of the Senate, health coverage; to the Committee on KINGSTON, Mr. NETHERCUTT, Mr. was read the first and second times by Labor and Human Resources. BONILLA, Mr. LATHAM, Mr. LIVINGSTON, unanimous consent and referred as in- THE SUBSTANCE ABUSE TREATMENT PARITY ACT Ms. KAPTUR, Mr. FAZIO, Mr. SERRANO, dicated: OF 1997 Mr. WELLSTONE. Mr. President, Ms. DELAURO, and Mr. OBEY as the H.R. 2035. An act to authorize the transfer managers of the conference on the part of naval vessels to certain foreign countries; today I rise to introduce legislation of the House. to the Committee on Armed Services. that will ensure that private health in- surance companies pay for substance The message also announced that the f House disagrees to the amendment of abuse treatment services at the same the Senate to the bill (H.R. 2169) mak- REPORTS OF COMMITTEES level that they pay for treatment for ing appropriations for the Department The following reports of committees other diseases. In other words, it is of Transportation and related agencies were submitted: meant to guarantee that insurance for the fiscal year ending September 30, coverage for substance abuse treat- By Mr. THOMPSON, from the Committee 1998, and for other purposes, and agrees on Governmental Affairs, with an amend- ment is provided in a nondiscrim- to the conferences asked by the Senate ment in the nature of a substitute: inatory manner. This bill, the Sub- on the disagreeing votes of the two S. 261. A bill to provide for biennial budget stance Abuse Parity Act of 1997, pro- Houses thereon; and appoints Mr. process and a biennial appropriations process vides this assurance. WOLF, Mr. DELAY, Mr. REGULA, Mr. and to enhance oversight and the perform- For too long, the problem of sub- ROGERS, Mr. PACKARD, Mr. CALLAHAN, ance of the Federal Government (Rept. No. stance abuse has been viewed as a Mr. TIAHRT, Mr. ADERHOLT, Mr. LIVING- 105–72). moral issue, rather than a disease. A By Mr. SPECTER, from the Committee on STON, Mr. SABO, Mr. FOGLIETTA, Mr. cloak of secrecy has surrounded this Veterans’ Affairs, without amendment and TORRES, Mr. OLVER, Mr. PASTOR, and problem, as people who have this dis- with a preamble: ease are often ashamed and afraid to Mr. OBEY as the managers of the con- H.J. Res. 75. A joint resolution to confer ference on the part of the House. status as an honorary veteran of the United admit their problem, for fear that they The message also announced that the States Armed Forces on Leslie Townes (Bob) will be seen as admitting a weakness in House disagrees to the amendment of Hope. character. We have all seen portrayals of alcoholics and addicts that are in- the Senate to the bill (H.R. 2203) mak- f ing appropriations for energy and tended to be humorous or derogatory, water development for the fiscal year INTRODUCTION OF BILLS AND and only reinforce the biases against ending September 30, 1998, and for JOINT RESOLUTIONS people who have problems with sub- stance abuse. Can you imagine this other purposes, and agrees to the con- The following bills and joint resolu- type of portrayal of someone who has a ference asked by the Senate on the dis- tions were introduced, read the first cardiac problem, or who happens to agreeing votes of the two Houses there- and second time by unanimous con- carry a gene that predisposes them to on; and appoints Mr. MCDADE, Mr. ROG- sent, and referred as indicated: diabetes? ERS, Mr. KNOLLENBERG, Mr. By Mr. WELLSTONE: Yet it has been shown that some FRELINGHUYSEN, Mr. PARKER, Mr. CAL- S. 1147. A bill to amend the Public Health forms of addiction have a genetic basis, LAHAN, Mr. DICKEY, Mr. LIVINGSTON, Service Act, Employee Retirement Income and we still try to hide the seriousness Mr. FAZIO, Mr. VISCLOSKY, Mr. ED- Security Act of 1974, and the Internal Reve- nue Code of 1986 to provide for nondiscrim- of this problem. We forget that some- WARDS, Mr. PASTOR, and Mr. OBEY as one who has a problem with drugs or the managers on the part of the House. inatory coverage for substance abuse treat- ment services under private group and indi- alcohol can look just like the person The message further announced that we see in the mirror, or the person who the House disagrees to the amendments vidual health coverage; to the Committee on Labor and Human Resources. is sitting next to us on a plane. In fact, of the Senate to the bill (H.R. 2209) By Mr. D’AMATO: it is unlikely that any of us have not making appropriations for the legisla- S. 1148. A bill to amend title 49, United experienced substance abuse within our tive branch for the fiscal year ending States Code, to require the forfeiture of families or our circle of friends. September 30, 1998, and for other pur- counterfeit access devices and device-making The statistics concerning substance poses, and agrees to the conference equipment; to the Committee on the Judici- abuse are startling. In a recent article ary. asked by the Senate on the disagreeing in Scientific American, December 1996, votes of the two Houses thereon; and By Mr. GRASSLEY (for himself, Mr. DURBIN, Mr. COVERDELL, Mr. SHELBY, it was reported that excessive alcohol appoints Mr. WALSH, Mr. YOUNG of and Mr. KYL): consumption is estimated to cause Florida, Mr. CUNNINGHAM, Mr. WAMP, S. 1149. A bill to amend title 11, United more than 100,000 deaths in the United Mr. LATHAM, Mr. LIVINGSTON, Mr. States Code, to provide for increased edu- States each year. Of these deaths, 24 SERRANO, Mr. FAZIO, Ms. KAPTUR, and cation funding, and for other purposes; to percent are due to drunken driving, 11 Mr. OBEY as the managers of the con- the Committee on the Judiciary. percent are homicides, and 8 percent ference on the part of the House. f are suicides. Alcohol contributes to The message also announced that the cancers of the esophagus, larynx, and House disagrees to the amendment of SUBMISSION OF CONCURRENT AND oral cavity, which account for 17 per- the Senate to the bill (H.R. 2266) mak- SENATE RESOLUTIONS cent of the deaths. Strokes related to ing appropriations for the Department The following concurrent resolutions alcohol use account for another nine of Defense for the fiscal year ending and Senate resolutions were read, and percent of deaths. Alcohol causes sev- September 30, 1998, and for other pur- referred (or acted upon), as indicated: eral other ailments such as cirrhosis of poses, and agrees to the conference By Mr. HUTCHINSON: the liver. These ailments account for 18 asked by the Senate on the disagreeing S. Con. Res. 50. A concurrent resolution percent of the deaths. votes of the two Houses thereon; and condemning in the strongest possible terms We know that alcohol and other appoints Mr. YOUNG of Florida, Mr. the bombing in Jerusalem on September 4, drugs contribute to other problems as MCDADE, Mr. LEWIS of California, Mr. 1997; to the Committee on Foreign Relations. well. Addictive substances have the po- SKEEN, Mr. HOBSON, Mr. BONILLA, Mr. f tential for destroying the person who is NETHERCUTT, Mr. ISTOOK, Mr. addicted, their family and their other CUNNINGHAM, Mr. LIVINGSTON, Mr. MUR- STATEMENTS ON INTRODUCED relationships. In a 1993 Report to Con- THA, Mr. DICKS, Mr. HEFNER, Mr. SABO, BILLS AND JOINT RESOLUTIONS gress on Alcohol and Health, the Sec- Mr. DIXON, Mr. VISCLOSKY, and Mr. By Mr. WELLSTONE: retary of Health and Human Services S8824 CONGRESSIONAL RECORD — SENATE September 4, 1997 stated that ‘‘Alcohol is associated with an increasing trend in new heroin use Substance abuse treatment reduces overall a substantial proportion of human vio- since 1992. A large proportion of these hospital admission rates by at least 38 per- lence, and perpetrators are often under recent new users were smoking, snort- cent. Hospital admissions for drug overdose the influence of alcohol.’’ There are ing, or sniffing heroin, and most were decreased by 58 percent among those who had been treated. high rates of alcohol and other drug in- under age 26. The rate of heroin initi- Ninety-five percent of women reported un- volvement in domestic violence and ation for the age group 12–17 reached complicated births, free of illicit drugs, after child abuse. For example, in 1987, 64 historic levels. one year of treatment. We know what the problems are, and percent of all reported child abuse and The state Alcohol and Other Drug Author- neglect cases in the city of New York we can document them. But we have ity in Minnesota has reported that, for were related to alcohol and other drug done little to treat the problems or chemical dependency clients, the state has abuse. With respect to domestic vio- prevent them. In order to decrease the saved approximately $22 million in annual lence, a study of over 2,000 American violence, the domestic violence, child health care costs by providing treatment. couples demonstrated that rates of do- abuse, homicide, suicide, the motor ve- So, it is apparent from these data mestic violence were almost 15 times hicle crashes, the cancers and the other that substance abuse treatment works, illnesses and deaths due to alcohol and higher in households where husbands and can help reduce health care costs drug use, we must treat the alcohol were often drunk as compared to those and costs to society. We need to ensure and drug abuse problems. But right households in which they were never that health care insurance providers do now, even if treatment is available and drunk. And, alcohol has been shown to not discriminate in their coverage of accessible, it is often unaffordable, as be present in over 50 percent of all inci- substance abuse treatment services. dents of domestic violence. In addition, many health plans do not pay for treat- The Substance Abuse Treatment Par- substance use itself may result from di- ment for substance abuse at the same ity Act of 1997 provides for nondiscrim- rect experience with interpersonal vio- rate at which they pay for treatment of inatory coverage of substance abuse lence, as demonstrated by a study of other diseases. This seems 472 women. This study showed that 87 counterintuitive, given the relation- treatment services by private health percent of alcoholic women had been ship between substance use and other insurers. It does not require that sub- physically or sexually abused as chil- diseases. It would only seem logical stance abuse benefits be part of a dren as compared to 59 percent of the that if we are willing to pay for the health benefits package, but estab- nonalcoholic women in the study. We treatment of substance abuse, we lishes a requirement for parity in cov- know that over 40 percent of motor ve- would decrease costs of treatment for erage for those plans that offer sub- hicle crash fatalities are alcohol-relat- other diseases in the long run, as we stance abuse coverage. ed, and that many of the alcohol drink- would decrease the occurrence of those Mr. President, my bill would prohibit ers involved in these crashes have had diseases that are related to substance private insurance providers from im- long standing problems with alcohol abuse. posing caps, copayments, and abuse. It is estimated that over 25 per- SAMHSA has summarized the impor- deductibles and day and visit limits for cent of emergency department visits tance of substance abuse treatment as substance abuse treatment services may be alcohol related, and that alco- follows: that differ from those that are de- hol and other drug use accounts for at Substance abuse adds substantially to the scribed for other covered illnesses. In least 40 percent of hospital admissions. nation’s total health care bill. Numerous other words, private health insurers Data from the 1996 National House- studies show that providing adequate and ac- must treat substance abuse like any hold Survey on Drug Abuse, which is cessible treatment for those with alcohol and other disease. Covered services include conducted by the Substance Abuse and illicit drug problems is the most effective inpatient treatment, including detoxi- method to improve the health of drug abus- Mental Health Services Administra- ers and relieve the growing burden of drug- fication; nonhospital residential treat- tion, provide the following estimates of related health care costs. Treatment is a ment; outpatient treatment, including substance use in the United States: sound, long-term and cost-effective invest- screening and assessment, medication ALCOHOL ment in America’s future. management, individual, group and There were about 9 million current SUBSTANCE ABUSE AND HEALTH CARE COSTS family counseling and relapse preven- alcohol, including beer, wine, and dis- Approximately 35 percent of all AIDS cases tion; and prevention services, including tilled spirits, drinkers under age 21 in are related to intravenous drug use, and over health education and individual and 1996. Of these, 4.4 million were binge 60 percent of all pediatric AIDS cases are re- group counseling to encourage the re- drinkers, including 1.9 million heavy lated to maternal exposure to HIV through duction of risk factors for substance drug use or sex with a drug user. drinkers. On the average, untreated alcoholics gen- abuse. MARIJUANA erally incur general health care costs that Mr. President, the Substance Abuse In 1996, an estimated 10.1 million are at least 100 percent higher than those of Treatment Parity Act of 1997 is de- Americans were current, past month, the non-alcoholic. In the last 12 months be- signed to take a large step toward de- marijuana or hashish users. This rep- fore treatment, the alcoholic’s costs are creasing the problem of substance close to 300 percent higher. resents 4.7 percent of the population abuse and its consequences. We can’t aged 12 and older. More than 5 percent (221,000) of the 4 mil- Marijuana is by far the most preva- lion women who give birth each year use il- afford not to provide this coverage. lent drug used by illicit drug users. Ap- licit drugs during their pregnancy. Mr. President, I ask unanimous con- The Health Insurance Association of Amer- sent that the text of the bill be printed proximately three-quarters, 77 percent ica estimates an expenditure of from $48,000 of current illicit drug users were mari- to $150,000 in costs of maternity care, physi- in the RECORD. juana or hashish users in 1996. cians’ fees and hospital charges for each de- There being no objection, the bill was COCAINE livery that is complicated by substance ordered to be printed in the RECORD, as The number of occasional cocaine abuse. follows: The number of methamphetamine (speed)- users, people who used in the past year related emergency room episodes increased S. 1147 but on fewer than 12 days, was 2.6 mil- by 35 percent (from 7,800 to 10,600) between Be it enacted by the Senate and House of Rep- lion in 1996, similar to what it was in the first half of 1994 and the first half of 1995. resentatives of the United States of America in 1995. The number of users was down sig- HEALTH CARE AND TREATMENT Congress assembled, nificantly from 1985, when it was 7.1 Chicago’s Women’s Treatment Center of- SECTION 1. SHORT TITLE. fers a wide variety of residential and out- million. This Act may be cited as the ‘‘Substance patient programs for adolescent girls, preg- HALLUCINOGENS Abuse Treatment Parity Act of 1997’’. The rate of current use of nant women and women with young chil- dren. The Center has the only crisis nursery SEC. 2. PARITY IN SUBSTANCE ABUSE TREAT- hallucinogens among youth age 12–17 MENT BENEFITS. has nearly doubled in 2 years, 1.1 per- in Chicago, which provides care 24 hours a day to the infants and children of women un- (a) GROUP HEALTH PLANS.— cent in 1994, 1.7 percent in 1995, and 2.0 dergoing medically supervised detoxifica- (1) PUBLIC HEALTH SERVICE ACT AMEND- percent in 1996. tion. As a result of the Women’s Treatment MENTS.—(A) Subpart 2 of part A of title HEROIN Center’s focus on responsible parenting, 67 XXVII of the Public Health Service Act (as There were an estimated 141,000 new drug-free babies have been born to women in added by section 604(a) of the Newborns’ and heroin users in 1995, and there has been treatment. Mothers’ Health Protection Act of 1996 and September 4, 1997 CONGRESSIONAL RECORD — SENATE S8825

amended by section 703(a) of the Mental health insurance coverage, any day or visit ‘‘(c) EXEMPTIONS.— Health Parity Act of 1996) is amended by limits imposed on coverage of benefits under ‘‘(1) SMALL EMPLOYER EXEMPTION.— adding at the end the following new section: the plan or coverage during a period of time. ‘‘(A) IN GENERAL.—This section shall not ‘‘SEC. 2706. PARITY IN THE APPLICATION OF ‘‘(2) FINANCIAL REQUIREMENT.—The term apply to any group health plan (and group TREATMENT LIMITATIONS AND FI- ‘financial requirement’ means, with respect health insurance coverage offered in connec- NANCIAL REQUIREMENTS TO SUB- to benefits under a group health plan or tion with a group health plan) for any plan STANCE ABUSE TREATMENT BENE- health insurance coverage, any deductible, year of a small employer. FITS. coinsurance, or cost-sharing or an annual or ‘‘(B) SMALL EMPLOYER.—For purposes of ‘‘(a) IN GENERAL.—In the case of a group lifetime dollar limit imposed with respect to subparagraph (A), the term ‘small employer’ health plan (or health insurance coverage of- the benefits under the plan or coverage. means, in connection with a group health fered in connection with such a plan) that ‘‘(3) MEDICAL OR SURGICAL BENEFITS.—The plan with respect to a calendar year and a provides both medical and surgical benefits term ‘medical or surgical benefits’ means plan year, an employer who employed an av- and substance abuse treatment benefits, the benefits with respect to medical or surgical erage of at least 2 but not more than 50 em- plan or coverage shall not impose treatment services, as defined under the terms of the ployees on business days during the preced- limitations or financial requirements on the plan or coverage (as the case may be), but ing calendar year and who employs at least substance abuse treatment benefits unless does not include substance abuse treatment 2 employees on the first day of the plan year. similar limitations or requirements are im- benefits. ‘‘(C) APPLICATION OF CERTAIN RULES IN DE- posed for medical and surgical benefits. ‘‘(4) SUBSTANCE ABUSE TREATMENT BENE- TERMINATION OF EMPLOYER SIZE.—For pur- ‘‘(b) CONSTRUCTION.—Nothing in this sec- FITS.—The term ‘substance abuse treatment poses of this paragraph— tion shall be construed— benefits’ means benefits with respect to sub- ‘‘(i) APPLICATION OF AGGREGATION RULE FOR ‘‘(1) as requiring a group health plan (or stance abuse treatment services. EMPLOYERS.—Rules similar to the rules health insurance coverage offered in connec- ‘‘(5) SUBSTANCE ABUSE TREATMENT SERV- under subsections (b), (c), (m), and (o) of sec- tion with such a plan) to provide any sub- ICES.—The term ‘substance abuse services’ tion 414 of the Internal Revenue Code of 1986 stance abuse treatment benefits; or means any of the following items and serv- shall apply for purposes of treating persons ‘‘(2) to prevent a group health plan or a ices provided for the treatment of substance as a single employer. health insurance issuer offering group health abuse: ‘‘(ii) EMPLOYERS NOT IN EXISTENCE IN PRE- insurance coverage from negotiating the ‘‘(A) Inpatient treatment, including detoxi- CEDING YEAR.—In the case of an employer level and type of reimbursement with a pro- fication. which was not in existence throughout the vider for care provided in accordance with ‘‘(B) Non-hospital residential treatment. preceding calendar year, the determination this section. ‘‘(C) Outpatient treatment, including of whether such employer is a small em- ‘‘(c) EXEMPTIONS.— screening and assessment, medication man- ployer shall be based on the average number ‘‘(1) SMALL EMPLOYER EXEMPTION.— agement, individual, group, and family coun- of employees that it is reasonably expected ‘‘(A) IN GENERAL.—This section shall not seling, and relapse prevention. such employer will employ on business days apply to any group health plan (and group ‘‘(D) Prevention services, including health in the current calendar year. health insurance coverage offered in connec- education and individual and group counsel- ‘‘(iii) PREDECESSORS.—Any reference in tion with a group health plan) for any plan ing to encourage the reduction of risk fac- this paragraph to an employer shall include year of a small employer. tors for substance abuse. a reference to any predecessor of such em- ‘‘(B) SMALL EMPLOYER.—For purposes of ‘‘(6) SUBSTANCE ABUSE.—The term ‘sub- ployer. subparagraph (A), the term ‘small employer’ stance abuse’ includes chemical dependency. ‘‘(2) INCREASED COST EXEMPTION.—This sec- means, in connection with a group health ‘‘(f) NOTICE.—A group health plan under plan with respect to a calendar year and a this part shall comply with the notice re- tion shall not apply with respect to a group plan year, an employer who employed an av- quirement under section 713(f) of the Em- health plan (or health insurance coverage of- erage of at least 2 but not more than 50 em- ployee Retirement Income Security Act of fered in connection with a group health plan) ployees on business days during the preced- 1974 with respect to the requirements of this if the application of this section to such plan ing calendar year and who employs at least section as if such section applied to such (or to such coverage) results in an increase 2 employees on the first day of the plan year. plan. in the cost under the plan (or for such cov- erage) of at least 1 percent. ‘‘(C) APPLICATION OF CERTAIN RULES IN DE- ‘‘(g) SUNSET.—This section shall not apply TERMINATION OF EMPLOYER SIZE.—For pur- to benefits for services furnished on or after ‘‘(d) SEPARATE APPLICATION TO EACH OP- poses of this paragraph— September 30, 2002.’’. TION OFFERED.—In the case of a group health ‘‘(i) APPLICATION OF AGGREGATION RULE FOR (B) Section 2723(c) of such Act (42 U.S.C. plan that offers a participant or beneficiary EMPLOYERS.—Rules similar to the rules 300gg–23(c)), as amended by section 604(b)(2) two or more benefit package options under under subsections (b), (c), (m), and (o) of sec- of Public Law 104–204, is amended by striking the plan, the requirements of this section tion 414 of the Internal Revenue Code of 1986 ‘‘section 2704’’ and inserting ‘‘sections 2704 shall be applied separately with respect to shall apply for purposes of treating persons and 2706’’. each such option. as a single employer. (2) ERISA AMENDMENTS.—(A) Subpart B of ‘‘(e) DEFINITIONS.—For purposes of this sec- ‘‘(ii) EMPLOYERS NOT IN EXISTENCE IN PRE- part 7 of subtitle B of title I of the Employee tion— CEDING YEAR.—In the case of an employer Retirement Income Security Act of 1974 (as ‘‘(1) TREATMENT LIMITATION.—The term which was not in existence throughout the added by section 603(a) of the Newborns’ and ‘treatment limitation’ means, with respect preceding calendar year, the determination Mothers’ Health Protection Act of 1996 and to benefits under a group health plan or of whether such employer is a small em- amended by section 702(a) of the Mental health insurance coverage, any day or visit ployer shall be based on the average number Health Parity Act of 1996) is amended by limits imposed on coverage of benefits under of employees that it is reasonably expected adding at the end the following new section: the plan or coverage during a period of time. such employer will employ on business days ‘‘SEC. 713. PARITY IN THE APPLICATION OF ‘‘(2) FINANCIAL REQUIREMENT.—The term in the current calendar year. TREATMENT LIMITATIONS AND FI- ‘financial requirement’ means, with respect NANCIAL REQUIREMENTS TO SUB- to benefits under a group health plan or ‘‘(iii) PREDECESSORS.—Any reference in STANCE ABUSE TREATMENT BENE- this paragraph to an employer shall include FITS. health insurance coverage, any deductible, a reference to any predecessor of such em- ‘‘(a) IN GENERAL.—In the case of a group coinsurance, or cost-sharing or an annual or ployer. health plan (or health insurance coverage of- lifetime dollar limit imposed with respect to ‘‘(2) INCREASED COST EXEMPTION.—This sec- fered in connection with such a plan) that the benefits under the plan or coverage. tion shall not apply with respect to a group provides both medical and surgical benefits ‘‘(3) MEDICAL OR SURGICAL BENEFITS.—The health plan (or health insurance coverage of- and substance abuse treatment benefits, the term ‘medical or surgical benefits’ means fered in connection with a group health plan) plan or coverage shall not impose treatment benefits with respect to medical or surgical if the application of this section to such plan limitations or financial requirements on the services, as defined under the terms of the (or to such coverage) results in an increase substance abuse treatment benefits unless plan or coverage (as the case may be), but in the cost under the plan (or for such cov- similar limitations or requirements are im- does not include substance abuse treatment erage) of at least 1 percent. posed for medical and surgical benefits. benefits. ‘‘(d) SEPARATE APPLICATION TO EACH OP- ‘‘(b) CONSTRUCTION.—Nothing in this sec- ‘‘(4) SUBSTANCE ABUSE TREATMENT BENE- TION OFFERED.—In the case of a group health tion shall be construed— FITS.—The term ‘substance abuse treatment plan that offers a participant or beneficiary ‘‘(1) as requiring a group health plan (or benefits’ means benefits with respect to sub- two or more benefit package options under health insurance coverage offered in connec- stance abuse treatment services. the plan, the requirements of this section tion with such a plan) to provide any sub- ‘‘(5) SUBSTANCE ABUSE TREATMENT SERV- shall be applied separately with respect to stance abuse treatment benefits; or ICES.—The term ‘substance abuse services’ each such option. ‘‘(2) to prevent a group health plan or a means any of the following items and serv- ‘‘(e) DEFINITIONS.—For purposes of this sec- health insurance issuer offering group health ices provided for the treatment of substance tion— insurance coverage from negotiating the abuse: ‘‘(1) TREATMENT LIMITATION.—The term level and type of reimbursement with a pro- ‘‘(A) Inpatient treatment, including detoxi- ‘treatment limitation’ means, with respect vider for care provided in accordance with fication. to benefits under a group health plan or this section. ‘‘(B) Non-hospital residential treatment. S8826 CONGRESSIONAL RECORD — SENATE September 4, 1997

‘‘(C) Outpatient treatment, including ‘‘Subchapter B—Other Requirements ‘‘(1) TREATMENT LIMITATION.—The term screening and assessment, medication man- ‘‘Sec. 9811. Parity in the application of ‘treatment limitation’ means, with respect agement, individual, group, and family coun- treatment limitations and fi- to benefits under a group health plan or seling, and relapse prevention. nancial requirements to sub- health insurance coverage, any day or visit ‘‘(D) Prevention services, including health stance abuse treatment bene- limits imposed on coverage of benefits under education and individual and group counsel- fits. the plan or coverage during a period of time. ing to encourage the reduction of risk fac- ‘‘SEC. 9811. PARITY IN THE APPLICATION OF ‘‘(2) FINANCIAL REQUIREMENT.—The term tors for substance abuse. TREATMENT LIMITATIONS AND FI- ‘financial requirement’ means, with respect ‘‘(6) SUBSTANCE ABUSE.—The term ‘sub- NANCIAL REQUIREMENTS TO SUB- to benefits under a group health plan or stance abuse’ includes chemical dependency. STANCE ABUSE TREATMENT BENE- health insurance coverage, any deductible, ‘‘(f) NOTICE UNDER GROUP HEALTH PLAN.— FITS. coinsurance, or cost-sharing or an annual or The imposition of the requirements of this ‘‘(a) IN GENERAL.—In the case of a group lifetime dollar limit imposed with respect to section shall be treated as a material modi- health plan (or health insurance coverage of- the benefits under the plan or coverage. fication in the terms of the plan described in fered in connection with such a plan) that ‘‘(3) MEDICAL OR SURGICAL BENEFITS.—The section 102(a)(1), for purposes of assuring no- provides both medical and surgical benefits term ‘medical or surgical benefits’ means tice of such requirements under the plan; ex- and substance abuse treatment benefits, the benefits with respect to medical or surgical cept that the summary description required plan or coverage shall not impose treatment services, as defined under the terms of the to be provided under the last sentence of sec- limitations or financial requirements on the plan or coverage (as the case may be), but tion 104(b)(1) with respect to such modifica- substance abuse treatment benefits unless does not include substance abuse treatment tion shall be provided by not later than 60 similar limitations or requirements are im- benefits. days after the first day of the first plan year posed for medical and surgical benefits. ‘‘(4) SUBSTANCE ABUSE TREATMENT BENE- ‘‘(b) CONSTRUCTION.—Nothing in this sec- in which such requirements apply. FITS.—The term ‘substance abuse treatment ‘‘(g) SUNSET.—This section shall not apply tion shall be construed— benefits’ means benefits with respect to sub- to benefits for services furnished on or after ‘‘(1) as requiring a group health plan (or stance abuse treatment services. September 30, 2002.’’. health insurance coverage offered in connec- ‘‘(5) SUBSTANCE ABUSE TREATMENT SERV- (B) Section 731(c) of such Act (29 U.S.C. tion with such a plan) to provide any sub- ICES.—The term ‘substance abuse services’ 1191(c)), as amended by section 603(b)(1) of stance abuse treatment benefits; or means any of the following items and serv- Public Law 104–204, is amended by striking ‘‘(2) to prevent a group health plan or a ices provided for the treatment of substance ‘‘section 711’’ and inserting ‘‘sections 711 and health insurance issuer offering group health abuse: 713’’. insurance coverage from negotiating the ‘‘(A) Inpatient treatment, including detoxi- (C) Section 732(a) of such Act (29 U.S.C. level and type of reimbursement with a pro- fication. 1191a(a)), as amended by section 603(b)(2) of vider for care provided in accordance with ‘‘(B) Non-hospital residential treatment. Public Law 104–204, is amended by striking this section. ‘‘(C) Outpatient treatment, including ‘‘section 711’’ and inserting ‘‘sections 711 and ‘‘(c) EXEMPTIONS.— screening and assessment, medication man- 713’’. ‘‘(1) SMALL EMPLOYER EXEMPTION.— agement, individual, group, and family coun- (D) The table of contents in section 1 of ‘‘(A) IN GENERAL.—This section shall not seling, and relapse prevention. such Act is amended by inserting after the apply to any group health plan (and group ‘‘(D) Prevention services, including health item relating to section 712 the following health insurance coverage offered in connec- education and individual and group counsel- new item: tion with a group health plan) for any plan ing to encourage the reduction of risk fac- ‘‘Sec. 713. Parity in the application of treat- year of a small employer. tors for substance abuse. ment limitations and financial ‘‘(B) SMALL EMPLOYER.—For purposes of ‘‘(6) SUBSTANCE ABUSE.—The term ‘sub- requirements to substance subparagraph (A), the term ‘small employer’ stance abuse’ includes chemical dependency. abuse treatment benefits.’’. means, in connection with a group health ‘‘(f) SUNSET.—This section shall not apply plan with respect to a calendar year and a (3) INTERNAL REVENUE CODE AMENDMENTS.— to benefits for services furnished on or after plan year, an employer who employed an av- (A) Subtitle K of the Internal Revenue Code September 30, 2002.’’. erage of at least 2 but not more than 50 em- of 1986 (as added by section 401(a) of the (B) CONFORMING AMENDMENTS.— ployees on business days during the preced- Health Insurance Portability and Account- (i) Chapter 100 of such Code (as added by ing calendar year and who employs at least ability Act of 1996) is amended— section 401 of the Health Insurance Port- 2 employees on the first day of the plan year. (i) by striking all that precedes section ability and Accountability Act of 1996 and as ‘‘(C) APPLICATION OF CERTAIN RULES IN DE- 9801 and inserting the following: previously amended by this section) is fur- TERMINATION OF EMPLOYER SIZE.—For pur- ther amended— ‘‘Subtitle K—Group Health Plan poses of this paragraph— (I) in the last sentence of section 9801(c)(1), Requirements ‘‘(i) APPLICATION OF AGGREGATION RULE FOR by striking ‘‘section 9805(c)’’ and inserting ‘‘CHAPTER 100. Group health plan require- EMPLOYERS.—Rules similar to the rules ‘‘section 9832(c)’’; ments. under subsections (b), (c), (m), and (o) of sec- (II) in section 9831(b), by striking ‘‘CHAPTER 100—GROUP HEALTH PLAN tion 414 of the Internal Revenue Code of 1986 ‘‘9805(c)(1)’’ and inserting ‘‘9832(c)(1)’’; REQUIREMENTS shall apply for purposes of treating persons (III) in section 9831(c)(1), by striking ‘‘Subchapter A. Requirements relating to as a single employer. ‘‘9805(c)(2)’’ and inserting ‘‘9832(c)(2)’’; portability, access, and renew- ‘‘(ii) EMPLOYERS NOT IN EXISTENCE IN PRE- (IV) in section 9831(c)(2), by striking ability. CEDING YEAR.—In the case of an employer ‘‘9805(c)(3)’’ and inserting ‘‘9832(c)(3)’’; and ‘‘Subchapter B. Other requirements. which was not in existence throughout the (V) in section 9831(c)(3), by striking ‘‘Subchapter C. General provisions. preceding calendar year, the determination ‘‘9805(c)(4)’’ and inserting ‘‘9832(c)(4)’’. of whether such employer is a small em- ‘‘Subchapter A—Requirements Relating to (ii) Section 4980D of such Code (as added by ployer shall be based on the average number Portability, Access, and Renewability section 402 of the Health Insurance Port- of employees that it is reasonably expected ability and Accountability Act of 1996) is ‘‘Sec. 9801. Increased portability through such employer will employ on business days amended— limitation on preexisting condi- in the current calendar year. (I) in subsection (c)(3)(B)(i)(I), by striking tion exclusions. ‘‘(iii) PREDECESSORS.—Any reference in ‘‘9805(d)(3)’’ and inserting ‘‘9832(d)(3)’’; ‘‘Sec. 9802. Prohibiting discrimination this paragraph to an employer shall include (II) in subsection (d)(1), by inserting against individual participants a reference to any predecessor of such em- ‘‘(other than a failure attributable to section and beneficiaries based on ployer. 9811)’’ after ‘‘on any failure’’; health status. ‘‘(2) INCREASED COST EXEMPTION.—This sec- (III) in subsection (d)(3), by striking ‘‘9805’’ ‘‘Sec. 9803. Guaranteed renewability in mul- tion shall not apply with respect to a group and inserting ‘‘9832’’; tiemployer plans and certain health plan (or health insurance coverage of- (IV) in subsection (f)(1), by striking multiple employer welfare ar- fered in connection with a group health plan) ‘‘9805(a)’’ and inserting ‘‘9832(a)’’. rangements.’’, if the application of this section to such plan (iii) The table of subtitles for such Code is (ii) by redesignating sections 9804, 9805, and (or to such coverage) results in an increase amended by striking the item relating to 9806 as sections 9831, 9832, and 9833, respec- in the cost under the plan (or for such cov- subtitle K (as added by section 401(b) of the tively, erage) of at least 1 percent. Health Insurance Portability and Account- (iii) by inserting before section 9831 (as so ‘‘(d) SEPARATE APPLICATION TO EACH OP- ability Act of 1996) and inserting the follow- redesignated) the following: TION OFFERED.—In the case of a group health ing new item: ‘‘Subchapter C—General Provisions plan that offers a participant or beneficiary two or more benefit package options under ‘‘SUBTITLE K. Group health plan require- ‘‘Sec. 9831. General exceptions. the plan, the requirements of this section ments.’’ ‘‘Sec. 9832. Definitions. shall be applied separately with respect to (b) INDIVIDUAL HEALTH INSURANCE.—(1) ‘‘Sec. 9833. Regulations.’’, and each such option. Part B of title XXVII of the Public Health (iv) by inserting after section 9803 the fol- ‘‘(e) DEFINITIONS.—For purposes of this sec- Service Act (as added by section 605(a) of the lowing: tion— Newborn’s and Mother’s Health Protection September 4, 1997 CONGRESSIONAL RECORD — SENATE S8827 Act of 1996) is amended by inserting after lions of dollars annually, and these Mr. President, I ask unanimous con- section 2751 the following new section: costs are passed down to consumers sent that the text of the bill be printed ‘‘SEC. 2752. PARITY IN THE APPLICATION OF who use credit cards and cellular tele- in the RECORD. TREATMENT LIMITATIONS AND FI- NANCIAL REQUIREMENTS TO SUB- phones. The cellular telephone indus- There being no objection, the bill was STANCE ABUSE BENEFITS. try alone loses $650 million each year ordered to be printed in the RECORD, as ‘‘(a) IN GENERAL.—The provisions of sec- due to counterfeit or cloned telephone. follows: tion 2706 (other than subsection (e)) shall The credit card industry faces a similar S. 1148 apply to health insurance coverage offered problem. by a health insurance issuer in the individ- Be it enacted by the Senate and House of Rep- The criminals who perpetrate these resentatives of the United States of America in ual market in the same manner as it applies frauds use specialized equipment to to health insurance coverage offered by a Congress assembled, health insurance issuer in connection with a clone cell phones and credit cards to SECTION 1. FORFEITURES RELATING TO COUN- group health plan in the small or large group create phony copies which can be sold TERFEIT ACCESS DEVICES. market. on the street or used to rack up thou- Section 80302(a) of title 49, United States ‘‘(b) NOTICE.—A health insurance issuer sands of dollars in unauthorized credit Code, is amended— under this part shall comply with the notice card purchases and telephone calls. (1) in paragraph (5), by striking ‘‘or’’ at the requirement under section 713(f) of the Em- There is no legitimate reason for an in- end; ployee Retirement Income Security Act of dividual to possess this special equip- (2) in paragraph (6), by striking the period 1974 with respect to the requirements re- ment used to create these phony cop- at the end and inserting ‘‘; or’’; and ferred to in subsection (a) as if such section ies. This equipment is only useful to (3) by adding at the end the following: applied to such issuer and such issuer were a ‘‘(7) a counterfeit access device or any de- group health plan.’’. create counterfeit credit cards and cell vice-making equipment (as those terms are (2) Section 2762(b)(2) of such Act (42 U.S.C. phones. defined in section 1029 of title 18).’’. 300gg–62(b)(2)), as added by section Under current law, this equipment is 605(b)(3)(B) of Public Law 104–204, is amended actually returned to the criminal after By Mr. GRASSLEY (for himself, by striking ‘‘section 2751’’ and inserting he serves his sentence. The equipment Mr. DURBIN, Mr. COVERDELL, ‘‘sections 2751 and 2752’’. is frequently used again to commit the (c) EFFECTIVE DATES.—(1) Subject to para- Mr. SHELBY, and Mr. KYL): graph (3), the amendments made by sub- same crimes over and over. The Gov- S. 1149. A bill to amend title 11, Unit- section (a) shall apply with respect to group ernment cannot confiscate the equip- ed States Code, to provide for increased health plans for plan years beginning on or ment without a separate expensive and education funding, and for other pur- after January 1, 1999. time-consuming forfeiture proceeding. poses; to the Committee on the Judici- (2) The amendment made by subsection (b) Mr. President, it is preposterous that ary. shall apply with respect to health insurance the Government must return the tools coverage offered, sold, issued, renewed, in ef- used to commit these crimes to crimi- THE INVESTMENT IN EDUCATION ACT OF 1997 fect, or operated in the individual market on nals, even if they are convicted. These Mr. GRASSLEY. Mr. President, I rise or after such date. today to introduce the Investment in (3) In the case of a group health plan main- criminals are exploiting a loophole in the Federal forfeiture laws. My bill Education Act of 1997. This bill will tained pursuant to 1 or more collective bar- close gaping loopholes in the current gaining agreements between employee rep- will close this loophole. resentatives and 1 or more employers rati- My bill would amend title 49 of the bankruptcy code which allow compa- fied before the date of enactment of this Act, United States Code to make this equip- nies that declare bankruptcy to cheat the amendments made subsection (a) shall ment, as well as the counterfeit credit schools out of badly needed education not apply to plan years beginning before the cards and telephones themselves, con- funds. This bill has the support of Sen- later of— traband. This designation would make ator DURBIN, the ranking member on (A) the date on which the last collective my subcommittee. In an effort to work bargaining agreements relating to the plan it a Federal crime to possess these items. My bill would also require that in a truly bipartisan way, I have terminates (determined without regard to reached out to the administration and any extension thereof agreed to after the these items must not be returned to date of enactment of this Act), or the criminals. have made several changes in the bill (B) January 1, 1999. Mr. President, these crimes take a to accommodate the White House. As For purposes of subparagraph (A), any plan tremendous toll on consumers whose of now, I have received very positive amendment made pursuant to a collective telephones and credit cards are cloned signals from the administration and bargaining agreement relating to the plan by this equipment. By the time the I’m optimistic that the administration which amends the plan solely to conform to consumer discovers that his or her will come out in favor of the bill. any requirement added by subsection (a) telephone or credit card has been cop- As we all know, our Nation’s edu- shall not be treated as a termination of such ied, the criminals usually have racked cators face difficult challenges every collective bargaining agreement. day, whether from crumbling facilities (d) COORDINATED REGULATIONS.—Section up thousands of dollars in unauthorized 104(1) of Health Insurance Portability and charges. This can have a devastating or classes that are too large because a Accountability Act of 1996 is amended by effect on consumers’ credit ratings, school district can’t afford additional striking ‘‘this subtitle (and the amendments rendering them unable to purchase a teachers. Money won’t solve every one made by this subtitle and section 401)’’ and car or home or start a business. These of the problems facing our schools. But inserting ‘‘the provisions of part 7 of subtitle problems can take years to correct. protecting funding for education from B of title I of the Employee Retirement In- Last Congress, I introduced a similar losses due to bankruptcies will do a come Security Act of 1974, and the provisions bill, S. 1380. Unfortunately, the session great deal of good. That’s why I believe of parts A and C of title XXVII of the Public that the Congress should enact the In- Health Service Act, and chapter 1000 of the ended before Congress was able to act. Internal Revenue Code of 1986’’. However, this bill is not without prece- vestment in Education Act quickly to dent. A similar measure was passed stem a federally created drain on al- By Mr. D’AMATO: last year regarding counterfeit videos ready scarce education resources. S. 1148. A bill to amend title 49, Unit- and music. These items are now consid- As President Clinton has said, the ed States Code, to require the forfeit- ered contraband under the new law. In- era of big Government is over, and we ure of counterfeit access devises and dustry leaders and law enforcement au- have a responsibility in Congress to device-making equipment; to the Com- thorities enthusiastically support this make certain that Federal laws—like mittee on the Judiciary. legislation. the bankruptcy code—do not tie the THE COUNTERFEIT ACCESS DEVICES ACT OF 1997 Mr. President, the Government must hands of State and local governments. Mr. D’AMATO. Mr. President, I rise stop unwittingly aiding criminals to My bill will close bankruptcy law loop- today to introduce legislation which swindle hundreds of millions of dollars holes and provide millions of education will strike a blow against counter- at the expense of consumers and the dollars without raising taxes or spend- feiters and other criminals who com- cellular telephone and credit card in- ing any additional Federal money. mit cellular telephone fraud and credit dustries. My bill would close this out- Under current law, the bankruptcy card fraud. rageous loophole and help law enforce- code allows a Federal judge to retro- These criminal activities cost their ment crack down on these brazen actively lower the assessed value of a respective industries hundreds of mil- criminals. bankrupt debtor’s property—often in S8828 CONGRESSIONAL RECORD — SENATE September 4, 1997 direct conflict with State laws. And an- There being no objection, the mate- This important legislation will pump mil- other part of the bankruptcy code arti- rial was ordered to be printed in the lions of badly-needed dollars into schools by ficially subordinates local property tax RECORD, as follows: closing loopholes in the federal bankruptcy code which unscrupulous debtors use to revenues. S. 1149 avoid paying delinquent property taxes. All of this lowers the amount of Be it enacted by the Senate and House of Rep- These delinquent taxes go to fund important money available for education since resentatives of the United States of America in education programs such as school lunch education is overwhelmingly depend- Congress assembled, programs for needy children and school con- ant on local property tax revenue. In SECTION 1. SHORT TITLE. struction and renovation projects. Thus, a fact, there have been instances in This Act may be cited as the ‘‘Investment loss of these revenues mean fewer school which school districts have had to re- in Education Act of 1997’’. lunches, school buildings in disrepair and fewer teachers, since property tax revenues fund money they have already received SEC. 2. TREATMENT OF CERTAIN LIENS also fund teachers’ salaries. (a) TREATMENT OF CERTAIN LIENS.—Section and spent. In this way, the bankruptcy This federally created drain on local reve- 724 of title 11, United States Code, is amend- code is taking money earmarked for nues intended for education, if not checked ed— education and spending it instead on in the near future, will obviously have a dev- (1) in subsection (b), in the matter preced- administrative costs such as lawyers’ astating impact on our ability to provide our ing paragraph (1), by inserting ‘‘(other than fees. We need to close these loopholes children with a quality education. Compa- to the extent that there is a properly per- nies which declare bankruptcy should not be to put kids, and not bankruptcy law- fected unavoidable tax lien arising in con- yers, at the top of our Nation’s prior- allowed to use federal law to shortchange nection with an ad valorem tax on real or our children’s education. ities. personal property of the estate)’’ after With the federal government turning more During a hearing which I chaired be- ‘‘under this title’’; and power over to the states, Congress has the fore the Subcommittee on Administra- (2) in subsection (b)(2), after ‘‘507(a)(1)’’ and responsibility to remove federal laws—like tive Oversight and the Courts, I found before the comma following thereafter insert these bankruptcy loopholes—which tie the out about a school district in Texas ‘‘(except that such expenses, other than hands of local government. ‘‘The Investment claims for wages, salaries or commissions in Education Act of 1997’’ is a step in that di- that lost enough money in one case to which arise after the filing of a petition, provide 375,000 meals for needy chil- rection. It increases education funding by re- shall be limited to expenses incurred under turning lost revenue to schools instead of dren. And I heard testimony about a Chapter 7 of this title and shall not include raising taxes and without sending local reve- school that could not rebuild its kin- expenses incurred under Chapter 11 of this nues to Washington. dergarten which had been destroyed by title)’’; and On behalf of Iowa’s 377 school districts, a tornado as a result of money lost in (3) by adding at the end the following: thank you for your leadership in finding a a bankruptcy case earmarked for the ‘‘(e) Before subordinating a tax lien on real solution to this problem. school. In the State of Texas alone, be- or personal property of the estate which has Sincerely, arisen by virtue of state law, the trustee tween just a few school districts, about RONALD M. RICE, E.D., shall— Executive Director. $70 million earmarked exclusively for ‘‘(1) exhaust the unencumbered assets of education are currently at risk. Be- the estate; and OFFICE OF cause the Administrative Office of the ‘‘(2) in a manner consistent with section SIOUX COUNTY TREASURER, United States Courts does not keep 506(c) of this title, recover from property se- Orange City, IA, July 29, 1997. comprehensive records on this, we curing an allowed secured claim the reason- U.S. Senator CHARLES GRASSLEY, don’t know how big this problem is. able, necessary costs and expenses of pre- ATTENTION: John McMickle, But we know that it’s a substantial serving or disposing of that property.’’. Senate Hart Building, ‘‘(f) Notwithstanding the exclusion of ad Washington, DC. problem. I say let’s fix it now. valorem tax liens set forth in this Section, DEAR MR. MCMICKLE: Thank you for taking The Investment in Education Act claims for wages, salaries and commissions the time to discuss the issues and concerns will close these bankruptcy loopholes entitled to priority under Section 507(a)(3) or regarding bankruptcy and its affect on local so that there will be more money for claims for contributions to an employee ben- taxing bodies here in Iowa. meals for needy children, more money efit plan entitled to priority under 507(a)(4) I have been following with interest the pro- to pay for teachers’ salaries, and more may be paid from property of the estate posed changes to the Federal Bankruptcy money to repair dilapidated schools. which secures a tax lien, or the proceeds of statutes as presented by the National Asso- such property subject to the requirements of ciation of County Treasurers and Finance Of- By passing my bill, we can ensure that ficers (NACTFO) and concur with the find- our schoolchildren get the education Subsection 724(e).’’ (b) DETERMINATION OF TAX LIABILITY.—Sec- ings and recommendations in their report. I dollars they need. tion 505(a)(2) of title 11, United States Code, believe that you have a copy of the report, Finally, section 3 of the Investment is amended— entitled ‘‘Local Governments Recommenda- in Education Act will be of great help (1) by striking ‘‘or’’ at the end of subpara- tions for Reform of the United States Bank- to children who are owned back child graph (A); ruptcy Code’’. support. Section 3 of the bill will per- (2) by striking the period at the end of sub- Following our conversation of July 23, I mit children and spouses to go into the paragraph (B) and inserting ‘‘; or’’; and did send an e-mail message to all County (3) by adding at the end the following: Treasurers in Iowa, requesting information exempt assets of the bankrupt debtor on the affect of bankruptcy on tax collec- in order to make sure that unscrupu- ‘‘(C) the amount or legality of any amount arising in connection with an ad valorem tax tions. To date, I have had a limited response lous deadbeats can’t get out of paying real or personal property of the estate if the to that request. Approximately ten percent child support by hiding their assets in applicable period for contesting or redeter- of the treasurers have contacted me. Overall, bankruptcy. I don’t think that Con- mining that amount under any law (other their indications are that the statutes do not gress ought to let the bankruptcy code than a bankruptcy law) has expired.’’. present any big problems in Iowa. The main stick it to kids and so my bill corrects concern would be the delay in payment of SEC. 2. ENFORCEMENT OF CHILD AND SPOUSAL the taxes due. that. SUPPORT. An example here in Sioux County is to the This bill has bipartisan support and Section 552(c)(1) of title 11, United States point. In the Boyden-Hull School District, has been endorsed by the National Code, is amended by inserting ‘‘provided $13,457 in taxes remain uncollected due to School Boards Association and the that, notwithstanding any federal or state bankruptcy by two property owners. $7,806 of Iowa Association of School Boards. law relating to the enforcement of liens or this amount due is to go to the local commu- judgments on exempted property, exempt nity school district, if and when collected. And as I mentioned earlier, I am opti- property shall be liable for debts of a kind mistic that the administration will These dollars are needed by the local school specified in Section 523(a)(5) of this title,’’ at to keep programs running. come out to support the bill. I know the end of the subsection. We have been fortunate in the Iowa Bank- that time may be short, but since this ruptcy Courts to not have any judges that bill has bipartisan support, I hope that IOWA ASSOCIATION OF want to adjust amounts due on our priority we can pass it quickly. Mr. President, I SCHOOL BOARDS, claims for taxes. We have usually received have several letters supporting my bill Des Moines, IA, September 2, 1997. the amounts that we file with the courts, al- and several news articles regarding the Hon. CHARLES E. GRASSLEY, though usually without interest due to late U.S. Senator, Hart Senate Office Building, payment. negative effect of bankruptcy on edu- Washington, DC. My reading of the proposed changes indi- cation. I ask that they be entered into DEAR SENATOR GRASSLEY: I am writing to cates that the judges would not have the the RECORD and that the bill be printed thank you for introducing and sponsoring latitude to change amounts due, nationwide, in the RECORD. ‘‘The Investment in Education Act of 1997’’. and that would serve us well. Both of the September 4, 1997 CONGRESSIONAL RECORD — SENATE S8829 cases affecting the Boyden-Hull School Dis- only say that in my own experience I have boost their budgets that could be put in trict are filed outside of Iowa and we are at found this section to be used primarily as a place only in the 1991–92 school year and con- the mercy of the local bankruptcy judges on negotiating tool by debtor and junior credi- tinued until rescinded by the school board. collection. tor lawyers in Chapter 11 cases, who use the (Just four districts have it). The income sur- Thank you for your interest in the affect threat of redetermination to browbeat the tax raised nothing in 1996–97 for the asbestos of this legislation at the local level. If I may County into compromising taxes to provide a levy. It raised $2.5 million for the physical answer any further questions that you or the larger income stream for junior lienholders. plant and equipment levy. Senator would have, please contact me. I strongly support your bill’s effort to limit Who has the income surtax? Rural school Sincerely, the impact of this section on local govern- districts predominantly, where the push for ROBERT R. HAGEY, ment as well. it began as a way to reduce reliance on prop- Treasurer. Thank you for your consideration and good erty taxes and keep school budgets healthy, luck in convincing your associates of the de- although plenty of cities participate. Iowa POLK COUNTY ATTORNEY, sirability of your proposals. City, for example, raised the most—$2.6 mil- Des Moines, IA, July 31, 1997. Very Truly Yours, lion—this past school year for the instruc- Senator CHARLES E. GRASSLEY, MICHAEL J. O’KEEFE, tional support levy. In the immediate Des Chairman, U.S. Senate Committee on the Judici- Assistant Polk County Attorney. Moines area, only the Bondurant-Farrar, ary, Subcommittee on Administrative Over- Southeast Polk and North Polk school dis- sight and the Courts, Hart Senate Office SCHOOLS TURN TO INCOME TAX—MOST DIS- tricts have the income surtax. Building, Washington, DC. TRICTS ALREADY CHARGE AN INCOME SUR- The surtax has been proposed for the Des DEAR SENATOR GRASSLEY: John McMickle TAX. SHOULD DES MOINES JOIN THEM? Moines school district as a means to move of your office was kind enough to send me a ahead the $315 million Vision 2005 plan for copy of your proposed ‘‘Investment in Edu- Iowa school districts increasingly are turn- ing to a new tax—an income surtax—to sup- updating its 63 buildings. cation Act of 1997’’, amending sections 724(b) Residents of the Des Moines district paid plement the property taxes and state aid and 505(a) of the Bankruptcy Code. I do not $124.5 million in state income tax in 1996. they’ve long relied on. practice regularly in Bankruptcy and so may Based on that year’s incomes, each 1 percent A movement is under way for Des Moines not be as qualified to comment as many of of surtax would bring in about $1.2 million to join the trend. the people you will be hearing from, but I do for the school district. The talk is of needing The school-district income surtax may not represent Iowa’s largest county in its at- nearly $12 million annually from the surtax, be familiar everywhere. It has not been used tempts to collect overdue property taxes in which would require nearly a 10 percent rate. those situations where Bankruptcy Court in- by the schools in most of Iowa’s largest Part of the appeal of the income surtax is volvement is unavoidable. I would strongly cities, but 204 of the state’s 379 school dis- that it spreads the tax burden more equi- support your attempt to reduce the impact tricts now use it to raise extra money for tably than property taxes or sales taxes, and on local governments of the Bankruptcy education. businesses are likely to support it since they Code’s artificial lien priority shifting and It’s a simple concept that can raise a lot of don’t pay it. Part of the drawback is that it pre-emption of state law. cash for classroom programs, new school stands to increase the differences in tax bur- As you know, because of Iowa’s consoli- buses, asbestos abatement, routine mainte- dens among local school districts, perhaps dated tax system, a County is responsible for nance, and remodeling. It works this way: A putting Des Moines at a further competitive collecting taxes not only for itself but for school district approves a levy(ies) for one or tax disadvantage. the cities, school districts and other public more of those purposes, either by a vote of Somehow Des Moines has to settle on a bodies in the jurisdiction. The Treasurer is the school board or citizens, and designates way to come up with money it needs for its an involuntary creditor. He or she cannot the income surtax as a source of revenue. schools, and a tax increase of some sort is in- evaluate and react to lending risks the way Each person in the district who pays state evitable. a normal creditor can. The Treasurer cannot income taxes is then charged an additional Whether that ought to include the income police the debt or collateral or take addi- amount to meet that obligation—up to 20 surtax needs a careful look, one taken know- tional steps to protect the County when a percent of his or her state income-tax bill. ing that many other Iowa communities have debtor is in trouble. Taxes are limited, so the On a state tax bill of $200, at the maximum found that it works for them. County cannot build a reserve fund if it sees 20 percent rate, you’d send the state an extra danger ahead. It is difficult to reduce general $40 to be returned to your school district. [School Board News, Aug. 19, 1997] relief or quit collecting garbage or layoff (Counties may also use the income surtax for SCHOOLS LOSE WHEN FIRMS GO BANKRUPT emergency medical services. Taxpayers who teachers when economic conditions result in Your school system might be missing out live where both their school district and delayed tax collections. That is often when on thousands of dollars every year because county have an income surtax don’t pay people look to government for additional as- corporations involved in bankruptcy pro- more than 20 percent combined.) sistance. ceedings are able to get their tax obligations Think of the income surtax as a tip-auto- In Iowa, state law requires a wait of 21 cut. months or more after a missed September matically tacked onto a restaurant tab, and The Dallas public school system, for exam- local tax payment before property can be districts have been increasingly hungry for ple, is losing $450,000 during the current year, taken to pay the tax debt. This is reasonable it. due to a federal law that makes it virtually protection for property owners who may be Why? Growing pressure on their budgets, impossible for school districts to collect tax in trouble. Government is, after all, a serv- including higher expectations in general, revenue from businesses that have declared ice, not a business trying to make money off more low-income students who need help to bankruptcy. of the debt. Our procedure does, however, succeed and aging buildings that need to be Accordingly to Dallas Superintendent often result in local taxes being put off while renovated or replaced. Yvonne Gonzalez, the district could have other more aggressive creditors are paid. To Iowa law first allowed use of the income used this money to hire 15 extra teachers to then allow these creditors priority over local surtax for school districts in 1972, under re- reduce class sizes or provide $150 in school taxes, as the present section 724(b) does in stricted circumstances. Use of the income supplies for more than 3,000 teachers. ‘‘We many instances, seems eminently unfair. surtax increased after lawmakers OK’d an anticipate an equal or greater loss each year These junior lienholders were aware of tax ‘‘enrichment levy’’ in 1975, which let school for the foreseeable future,’’ she says. priorities at the time they took their liens districts spend extra local money on edu- That’s because Dallas, like most local and to allow them to jump over local govern- cational improvement through either the in- school districts across the nation, depends ment seems, to me, to be a pure windfall. come surtax, property taxes or both. But the heavily on ad valorem taxes, which are as- Your bill would correct this by keeping ev- explosion in the number of districts with an sessed on businesses and individuals based on eryone in the same lineup to which they income surtax came when the ‘‘instructional the value of property. originally agreed. support levy’’ replaced the enrichment levy When businesses declare bankruptcy, how- We have had particular problems dealing in 1991, with state money part of the bargain. ever, school districts and other local govern- with out of state bankruptcies involving From Ackley-Geneva to Woodbury ments tend to be last in line to collect the Iowa properties but courts which do not un- Central—and in districts like Ames, Decorah back taxes owed by property owners. Law- derstand the Iowa tax system and the fact and Sioux City—the income surtax raised a yers and banks holding mortgage liens are that property is valued for tax purposes total of $27.2 million statewide for the 1996– paid first. As a result, schools often never twenty-one months ahead of the first pay- 97 school year that ended June 30. That com- see the money they are owed, and in some ment based on that value. We have often lost pares to $1.9 million just 10 years earlier. Of cases, are required to refund taxes already moderate payments simply because we can- that $27.2 million, $24.6 million went to the received. not fly off to another state or hire a lawyer instructional support levy (which also got NSBA supports federal legislation to cor- there to explain our case. Your proposal to $43.3 million in property taxes and $14.8 mil- rect this problem. The Investment in Edu- reduce the impact of section 724(b) would lion in state money, with the state paying cation Act would amend the federal bank- also indirectly, but greatly, benefit Iowa less now than it originally promised). ruptcy code to increase local revenues de- local governments in this regard. The income surtax raised another $72,000 rived from property taxes. Finally, as to your proposal to limit the for the educational improvement levy, a one- The Senate Judiciary Committee’s Sub- retroactive impact of section 505(a), I can time opportunity for school districts to committee on Administrative Oversight and S8830 CONGRESSIONAL RECORD — SENATE September 4, 1997 the Courts held a hearing on the bill Aug. 1. That’s what happened to the Hurst Euless Bear Creek/GID II, representing the Crys- The bipartisan measure will be formally in- Bedford Independent School District in tal Chandelier, delivered payment of $133,377 troduced in September by subcommittee Texas, which filed suit in state court in May July 24 to the district’s tax attorneys, Blair, chair Charles E. Grassley (R-Iowa) and Sen. 1992 to collect delinquent taxes for a com- Coggan, Sampson and Meeks, closing out a Richard J. Durbin (D-III). pany for 1989 and 1990. ‘‘difficult chapter’’ in the district’s financial A description of the bill prepared by Sen. The day before the case was set to go to life, Faunce said. Grassley’s office notes that ‘‘virtually every trial, the debtor filed bankruptcy, attorney ‘‘This helps us make next year’s budget state has experienced some revenue short- Barbara M. Williams said at the hearing. The and it certainly lifted us through this year’s fall’’ in school funding, due to two provisions company succeeded in getting the taxes re- budget.’’ he said. ‘‘It has been very helpful to in the bankruptcy code. The issue has been duced for 1989 and 1990, even though the debt- fund a few programs.’’ getting a lot of attention in Texas lately, or did not foreclose upon the property until Faunce said much of the funds would be however, because the state experienced so 1991. The property value was reduced more earmarked to cover the cost of full-day kin- many real estate bankruptcies in the early than $1.5 million, and the school district lost dergarten in the LISD, which begins this 1990s. more than $61,000 in tax revenue. The debtor Monday for all 5-year-olds. Elizabeth Weller of the Dallas law firm then filed a motion to dismiss the bank- The Crystal Chandelier, located at Bear Blair, Goggan, Sampson and Meeks notes ruptcy. Creek Road and I–35, was purchased by John that the Houston school district lost $1 mil- A single bankruptcy can have a major im- Drain earlier this year, and worked with lion in a single case. Weller, who represents pact on a small school district. For example, BGSM to resolve the delinquent tax problem. some 200 clients on this issue, a third of when the Lancaster, Texas, school district ‘‘With the property in the hands of a new whom are Texas school districts, adds that was involved in a legal battle over the bank- owner, we are hopeful that it will remain off in the past few years, the Fort Worth Inde- ruptcy and foreclosure of a country and the delinquent tax roll,’’ said Nancy pendent School District (ISD) lost more than western bar, it succeeded in obtaining Primeaux, BGSM regional manager. She said $480,000 in a total of four cases; the Dallas $150,000 in back taxes, Weller notes. That her firm would monitor the GID account ‘‘to ISD lost nearly $450,000 in six cases; and the money was enough to restore kindergarten ensure the property’s prior history is not re- Lake Worth ISD $357,000 in a single case. for the district’s schoolchildren, which had peated.’’ Section 505(a) of the bankruptcy code gives been eliminated when the school suffered se- In addition, the district received $6,915 bankruptcy judges broad power to overrule vere tornado damage. from Jordan Tractor and Marine, plus pay- property valuation decisions. This means a ment on five other accounts, Primeaux said. judge can decide to reduce a business’s tax LANCASTER INDEPENDENT SCHOOL Needham Carpets, which is subject to sei- burden to ensure that the company’s debtors DISTRICT, zure activity, had its bankruptcy filing dis- can receive more of what they are owed. Lancaster, TX, July 28, 1997. missed ‘‘with prejudice’’ by the Bankruptcy Debtors often seek to have the taxable Senator CHARLES E. GRASSLEY, Court. The ruling prevents Needham from value of property reduced for as much as 10 Senate Judiciary Committee, filing for bankruptcy for the next 12 months, years before the bankruptcy filing and re- SH–325 Hart Senate Office Building, and BGSM can proceed with its litigation quest a refund of taxes already paid. Current Washington, DC. and seizure efforts. law allows judges to approve these requests. RE: Proposed Changes to Bankruptcy Code The LISD has been working under an ex- The bill would amend Section 505(a) to per- §§ 724(b) and 505. tremely tight financial cloud, due in part to mit a bankruptcy court to reverse a property DEAR SENATOR GRASSLEY: I am very the large amount of back taxes owed. valuation decision only when the bankruptcy pleased to write this letter in support of debtor has the right to challenge such a deci- your efforts to modify the Bankruptcy Code NORTH CAROLINA sion under applicable nonbankruptcy law. to make revenue recovery easier for local LEAGUE OF MUNICIPALITIES, Section 724(b) requires that most other governments. As a small suburban school August 14, 1997. claims on a bankruptcy estate be paid before district, the Lancaster Independent School Hon. LAUCH FAIRCLOTH, ad valorem liabilities. Thus, various ex- District has felt the effects of debtors using 317 Hart Senate Office Building, penses, including lawyers’ fees, are paid be- bankruptcy as a way to avoid paying ad va- Washington, DC. fore and at the expense of tax liabilities, lorem taxes. In one particular case, a debtor DEAR SENATOR FAIRCLOTH: We are aware of eventually forcing local jurisdictions to ac- avoided payment of taxes for almost ten proposed amendments to the Bankruptcy cept much less in delinquent back taxes than years before the tax-laden property was sold Code that will ensure better local tax collec- they would otherwise be entitled to receive— through a bankruptcy plan to a new owner tion and administration when a taxpayer if they receive anything at all. who paid the taxes. As a result of this ac- files for bankruptcy. We support these The bill would amend Section 724(b) to pro- count being resolved, the School District col- amendments, included in Senator Grassley’s vide that ad valorem taxes protected by liens lected more than $130,000 and was able to Investment in Education Act of 1997, that are paid ahead of other expenses, increasing fund fullday kindergarten. I am attaching an amend Sections 724 and 505(a)(2) of Title 11 of the likelihood that local jurisdictions re- article from our local newspaper that de- the US Code. The amendment to Section 724 will prevent ceive the same revenues they would have re- scribes the importance of the payment of the property tax lien from being subordi- ceived if the company didn’t file bankruptcy. this account. ‘‘My clients are sympathetic to wage Although the example I have given would nated to other liens when property is sold claimants and others holding priority not have been specifically affected by your free and clear of liens during bankruptcy. claims’’ under the bankruptcy code, Weller proposed changes to the Bankruptcy Code, it This is already the case under North Caro- says. They are citizens that serve and pro- represents the types of issues facing local lina law, as has been held and affirmed by tect,’’ she says. School districts are not ask- governments who cannot collect essential our courts, if the tax collector reads the no- ing for a special priority; they just want to revenue because of abuses of the bankruptcy tice carefully enough to understand there is be treated like any other creditor. process by property owners. In our case, the to be a sale free and clear of liens and if the Weller says there’s been ‘‘definitely a lot issue was much more than a matter of an in- collector knows to contact the city or coun- more cases’’ on this issue in the past few dividual paying his fair share of taxes. For ty attorney and request that an objection be years, even though there hasn’t been an in- Lancaster ISD, this was a matter of whether filed to the sale. Under existing Section 505, a bankruptcy crease in corporate bankruptcies as there or not we could provide essential public serv- court can redetermine the value of property has among individuals. What has changed in ices. for tax purposes and recompute the tax that ‘‘corporate attorneys have become more Thank you very much for your actions on owed, if the debtor had not appealed the aware of how they can use the law to avoid behalf of local governments. Please let me value to the Board of Equalization and Re- paying taxes.’’ know if I can provide any additional assist- view, and this is true even though the time One of several examples cited by Weller in- ance in this effort. for making an appeal to the Board has ex- volves the bankruptcy of Merchants Fast Sincerely, Motor Lines. Taxes secured by liens on per- pired. This has happened in several cases in BILL WARD, North Carolina, and the taxes were always sonal property were reduced by a bankruptcy Superintendent. court’s application of Sections 505(a) and recomputed downward. The proposed amend- 724(b). [Today Lancaster, Aug. 10, 1997] ment to Section 505 prohibits a bankruptcy That resulted in five county governments, court from making this reassessment if the three city governments, and the school dis- MONEY IN THE BANK—LISD RECEIVES BIGGEST time for making an appeal under state law tricts of Dallas, Houston, and Irving losing a BACK TAXES PAYMENT has expired. total of more than $70,890. The taxing enti- (By Chuck Bloom) We appreciate your consideration and, in ties face the threat of additional tax losses Gary Faunce is a happy man. Happier than the interest of more equitable property tax when the properties are sold. usual. collection and administration, we feel these In some cases, a bank holding the mort- The Lancaster school district top finance are good amendments and would request gage on a property demands that the seller man is breathing a little easier with an infu- your support. Would you please share your declare bankruptcy so the taxes will be re- sion of more than $133,000 in back taxes paid position on the amendments? duced, thus increasing its profits from the by the LISD’s most notorious delinquent ac- Sincerely yours, sale. count. TERRY A. HENDERSON, September 4, 1997 CONGRESSIONAL RECORD — SENATE S8831 Director of Advocacy. lien on real property. This lien is paramount cellular telephone cloning parapherna- S. ELLIS HANKINS, to all other debts under Virginia law. In giv- lia. Executive Director. ing this lien the ultimate priority, the Vir- S. 507 ginia legislature recognized the importance THE OFFICE OF SALT LAKE COUNTY of real property taxes to Virginia localities. At the request of Mr. HATCH, the ATTORNEY, DOUGLAS R. SHORT, Real property taxes are an indispensable name of the Senator from Georgia [Mr. COUNTY ATTORNEY, method of funding government functions in- CLELAND] was added as a cosponsor of July 29, 1997. cluding schools, police and fire protection, S. 507, a bill to establish the United Attn: John McMickle. sanitation and other essential government States Patent and Trademark Organi- Re amendments to 11 U.S.C. § 505 and 724(b). services. Under the current bankruptcy zation as a Government corporation, to Hon. CHARLES GRASSLEY, scheme, however, this first priority lien can U.S. Senator, Subcommittee on Administrative be negated by a bankruptcy trustee acting amend the provisions of title 35, United Oversight and the Courts, 308 Senate Hart pursuant to § 724(b). States Code, relating to procedures for Office Building, Washington, DC. The legislation which you have proposed patent applications, commercial use of DEAR SENATOR GRASSLEY: Salt Lake Coun- would rectify this anomaly of the Bank- patents, reexamination reform, and for ty’s tax revenue, including those of the sev- ruptcy Code. This legislation would exempt a other purposes. eral school districts located within the coun- ‘‘properly perfected unavoidable tax lien S. 623 ty, has been adversely affected by 11 U.S.C. arising in connection with an ad valorem tax §§ 724(b) and 505. Both provisions discrimi- on real or personal property . . .’’ from the At the request of Mr. INOUYE, the nate unfairly against governmental entities scope of § 724(b). This amendment is consist- name of the Senator from New Jersey and take needed governmental and school ent with the original legislative history of [Mr. TORRICELLI] was added as a co- revenue and shift it to other creditors of the this subsection, and reflects the primary im- sponsor of S. 623, a bill to amend title estate. portance of ad valorem taxes and tax liens in For example, because 11 U.S.C. § 505 per- 38, United States Code, to deem certain the operations of local government. service in the organized military forces mits the bankruptcy court to redetermine Sincerely, the value of property for tax purposes, Salt of the Government of the Common- KEVIN R. APPEL, Lake County and schools have lost substan- Counsel. wealth of the Philippines and the Phil- tial tax revenue because debtors have been f ippine Scouts to have been active serv- permitted to challenge assessments without ice for purposes of benefits under pro- the necessity of complying with state law. ADDITIONAL COSPONSORS In one chapter 11 proceeding Salt Lake grams administered by the Secretary County and the school districts lost $61,800 S. 22 of Veterans Affairs. due to the provisions of 11 U.S.C. § 505. In an- At the request of Mr. MOYNIHAN, the S. 657 other chapter 11 proceeding the debtor at- name of the Senator from Illinois [Ms. tempted to obtain a refund of taxes paid At the request of Mr. DASCHLE, the MOSELEY-BRAUN] was added as a co- three years prior to the bankruptcy filing name of the Senator from New Jersey and one post-petition year totaling approxi- sponsor of S. 22, a bill to establish a bi- [Mr. TORRICELLI] was added as a co- mately $80,000. The county settled after the partisan national commission to ad- sponsor of S. 657, a bill to amend title trustee agreed to drop his pre-petition refund dress the year 2000 computer problem. 10, United States Code, to permit re- but lost approximately $18,000 which the S. 25 tired members of the Armed Forces Trustee would not have been entitled to At the request of Mr. FEINGOLD, the who have a service-connected disabil- under state law. Further, in 1996 the county name of the Senator from North Da- ity to receive military retired pay con- and school districts lost another $13,500 in a chapter 7 proceeding because of section 505 kota [Mr. DORGAN] was added as a co- currently with veterans’ disability jurisdiction. The above actions could not sponsor of S. 25, a bill to reform the fi- compensation. have been brought had state law applied. nancing of Federal elections. S. 675 Title 11, U.S.C., § 724(b) is often used in this S. 61 At the request of Mr. MCCONNELL, jurisdiction to take county and school dis- At the request of Mr. LOTT, the name trict tax money and shift it to administra- the name of the Senator from Utah tive expense and other priority claimants. It of the Senator from Kansas [Mr. ROB- [Mr. HATCH] was added as a cosponsor should be eliminated or limited to federal ERTS] was added as a cosponsor of S. 61, of S. 675, a bill to amend the Internal statutory liens. It is evident from the legis- a bill to amend title 46, United States Revenue Code of 1986 to modify the ap- lative history of § 724 and its predecessors Code, to extend eligibility for veterans’ plication of the passive loss limitations that Congress never contemplated the im- burial benefits, funeral benefits, and to equine activities. pacts of shifting local property tax revenue related benefits for veterans of certain S. 769 away from schools and local governments, service in the United States merchant which provide police and fire protection and At the request of Mr. LAUTENBERG, marine during World War II. other essential services to estate property, the name of the Senator from Illinois S. 89 to other creditors such as chapter 11 admin- [Mr. DURBIN] was added as a cosponsor istrative expense claimants and lienholders At the request of Ms. SNOWE, the of S. 769, a bill to amend the provisions junior to the tax liens. name of the Senator from Washington Thank you for considering the foregoing is- of the Emergency Planning and Com- [Mrs. MURRAY] was added as a cospon- munity Right-To-Know Act of 1986 to sues. Unfortunately we are not able to sor of S. 89, a bill to prohibit discrimi- present this in person. However, your assist- expand the public’s right to know ance is appreciated. nation against individuals and their about toxic chemical use and release, Sincerely, family members on the basis of genetic to promote pollution prevention, and MARY ELLEN SLOAN, information, or a request for genetic for other purposes. Deputy Salt Lake County Attorney, services. S. 836 Civil Division. S. 358 At the request of Mr. ABRAHAM, the At the request of Mr. DEWINE, the TREASURERS’ ASSOCIATION OF VIRGINIA, name of the Senator from Colorado names of the Senator from South Caro- July 29, 1997. [Mr. ALLARD] was added as a cosponsor lina [Mr. HOLLINGS] and the Senator Re Investment in Education Act of 1997. of S. 836, a bill to offer small businesses from Louisiana [Ms. LANDRIEU] were U.S. Senator CHARLES GRASSLEY, certain protections from litigation ex- Senate Hart Office Building, added as a cosponsors of S. 358, a bill to cesses. Washington, DC. provide for compassionate payments DEAR SENATOR GRASSLEY: I am writing on with regard to individuals with blood- S. 995 behalf of the Treasurers’ Association of Vir- clotting disorders, such as hemophilia, At the request of Mr. LAUTENBERG, ginia to express our support for the Invest- the name of the Senator from Illinois ment in Education Act of 1997. The member- who contracted human immuno- ship of the Treasurers’ Association consists deficiency virus due to contaminated [Ms. MOSELEY-BRAUN] was added as a of over 180 county, city and town treasurers blood products, and for other purposes. cosponsor of S. 995, a bill to amend throughout the Commonwealth of Virginia. S. 493 title 18, United States Code, to prohibit In Virginia, the local treasurer is responsible At the request of Mr. KYL, the name certain interstate conduct relating to for the receipt and collection, safekeeping of the Senator from Illinois [Mr. DUR- exotic animals. and investing, accounting and disbursement S. 1031 of local government revenue. BIN] was added as a cosponsor of S. 493, Of primary importance to our members is a bill to amend section 1029 of title 18, At the request of Mr. GRASSLEY, the the retention of an effective ad valorem tax United States Code, with respect to names of the Senator from Alabama S8832 CONGRESSIONAL RECORD — SENATE September 4, 1997

(Mr. SESSIONS) and the Senator from AMENDMENT NO. 1078 latest bombing and expresses its solidarity Alaska (Mr. STEVENS) were added as co- At the request of Mr. DURBIN the with the people of the State of Israel in this sponsors of S. 1031, a bill to protect names of the Senator from California tragic time; (3) reaffirms that the United States should (Mrs. BOXER), the Senator from Arkan- Federal law enforcement officers who fully cooperate with the State of Israel in intervene in certain situations to pro- sas (Mr. BUMPERS), the Senator from helping to stem the tide of terrorism, which tect life or prevent bodily injury. Ohio (Mr. DEWINE), the Senator from has threatened the Oslo peace process and S. 1042 California (Mrs. FEINSTEIN), the Sen- the stability of this vital region; and At the request of Mr. CRAIG, the ator from New Hampshire (Mr. GREGG), (4) affirms that the United States should name of the Senator from Oregon (Mr. the Senator from Iowa (Mr. HARKIN), provide no monetary or other assistance to the Palestinian Authority until it has ful- WYDEN) was added as a cosponsor of S. the Senator from Massachusetts (Mr. filled its obligations under the Oslo Accords, KENNEDY), the Senator from New Jer- 1942, a bill to require country of origin including— labeling of perishable agricultural sey (Mr. LAUTENBERG), the Senator (A) taking affirmative steps to arrest and commodities imported into the United from Vermont (Mr. LEAHY), the Sen- prosecute suspected terrorists; States and to establish penalties for ator from Rhode Island (Mr. REED), the (B) resuming full security and intelligence violations of the labeling require- Senator from Maine (Ms. SNOWE), the cooperation with the State of Israel; ments. Senator from Minnesota (Mr. (C) taking affirmative steps to confiscate WELLSTONE), and the Senator from Or- all unlicensed weapons and explosives; S. 1059 (D) publicly condemning in Arabic this At the request of Mr. CHAFEE, the egon (Mr. WYDEN) were added as co- most recent terrorist act and other such name of the Senator from Louisiana sponsors of amendment No. 1078 in- acts; (Mr. BREAUX) was added as a cosponsor tended to be proposed to S. 1061, an (E) prohibiting participation in the Pal- of S. 1059, a bill to amend the National original bill making appropriations for estinian security services of individuals sus- Wildlife Refuge System Administration the Departments of Labor, Health and pected of committing terrorist acts; Act of 1966 to improve the management Human Services, and Education, and (F) ceasing all anti-Israeli rhetoric, includ- related agencies for the fiscal year end- ing statements which refer to terrorist of the National Wildlife Refuge Sys- groups as ‘‘patriotic’’, statements which tem, and for other purposes. ing September 30, 1998, and for other praise terrorists or terrorist leaders, and S. 1062 purposes. statements encouraging a ‘‘battle’’ or ‘‘jiha’’ At the request of Mr. D’AMATO, the f against Israel; names of the Senator from Delaware (G) cooperating with Israel in the transfer SENATE CONCURRENT RESOLU- of suspected terrorists to Israel to stand (Mr. ROTH), the Senator from Oregon TION 50—CONDEMNING THE trial; (Mr. WYDEN), and the Senator from BOMBING IN JERUSALEM ON (H) rescinding the proclamation that the South Carolina (Mr. HOLLINGS) were SEPTEMBER 4, 1997 death penalty would be imposed for the sale added as cosponsors of S. 1062, a bill to Mr. HUTCHINSON submitted the fol- of land to Jews or Israelis; authorize the President to award a gold (I) ceasing the use of maps depicting ‘‘Pal- medal on behalf of the Congress to Ecu- lowing concurrent resolution; which estine’’ as encompassing the entire State of menical Patriarch Bartholomew in rec- was referred to the Committee on For- Israel; ognition of his outstanding and endur- eign Relations: (J) completing the process of amending the covenant of the Palestinian Liberation Orga- ing contributions toward religious un- S. CON. RES. 50 Whereas on September 4, 1997, 3 bombs ex- nization, including the recession of those derstanding and peace, and for other specific articles which call for armed strug- purposes. ploded in Jerusalem on Ben Yehuda Street, killing at least 8 people and injuring more gle to liberate ‘‘Palestine’’ or question the S. 1113 than 165 others. legitimacy of Zionism or the State of Israel; At the request of Mr. GRASSLEY, the Whereas HAMAS, a terrorist organization, and name of the Senator from Virginia (Mr. has a ‘‘military wing’’ which has claimed re- (K) taking affirmative steps to reduce the size of the Palestinian police force, in ac- ROBB) was added as a cosponsor of S. sponsibility for this cowardly act; Whereas Yasser Arafat, Chairman of the cordance with the limits set forth in the Oslo 1113, a bill to extend certain temporary and subsequent accords. judgeships in the Federal judiciary. Palestinian Authority, has made statements in which he said ‘‘HAMAS, even its military Mr. HUTCHINSON. Mr. President, I SENATE RESOLUTION 111 wing is a patriotic movement.’’; rise today, along with my friend and At the request of Mr. THURMOND, the Whereas on August 20, 1997, Chairman colleague Congressman JIM SAXTON, to name of the Senator from Virginia (Mr. Arafat publicly embraced the leader of submit a concurrent resolution that ROBB) was added as a cosponsor of Sen- HAMAS, Abdel Aziz al-Rantisi; condemns, in the strongest possible Whereas Yasser Arafat has recently or- ate Resolution 111, a resolution des- terms, today’s bombing in Jerusalem ignating the week beginning Septem- dered the release of several HAMAS terror- ists being held in Palestinian Authority on Ben Yehuda Street. ber 14, 1997, as ‘‘National Historically Three bombs exploded in Jerusalem Black Colleges and Universities Week,’’ jails, including Nabil Sharihi, who is sus- pected in a bombing that killed Alisa today killing at least 8 people and in- and for other purposes. Flatow, an American citizen; juring more than 165 others. Mr. Presi- AMENDMENT NO. 1059 Whereas Israel has recently given Yasser dent, once again the world watches in At the request of Mr. FAIRCLOTH the Arafat a list of 150 suspected terrorists who horror as innocent citizens get blown name of the Senator from Idaho (Mr. are presently residing in Palestinian-con- up in a Jerusalem marketplace. trolled territory; CRAIG) was added as a cosponsor of Just weeks after a tragic bombing in- amendment No. 1059 intended to be pro- Whereas Yasser Arafat has made public statements in which he vowed not to ‘‘bow cident in July, Yasser Arafat publicly posed to S. 1061, an original bill mak- down’’ to Israeli requests that he arrests sus- embraced the leader of Hamas. Two ing appropriations for the Departments pected terrorists; weeks later, today, three more bombs of Labor, Health and Human Services, Whereas since the beginning of the Oslo kill and maim civilians on a crowded and Education, and related agencies for peace process, over 260 Israelis have been shopping street in Jerusalem. the fiscal year ending September 30, killed, and hundreds more have been injured, Mr. President, I am outraged by 1998, and for other purposes. far more than in a similar period before the these continued terrorist actions under peace process began; and AMENDMENT NO. 1069 Whereas in violation of the Oslo Accords, the watch of the Palestinian Author- At the request of Mr. SPECTER the the Palestinian Authority has withheld full ity. names of the Senator from Alaska (Mr. security cooperation with the State of Israel, Mr. President, among other things, STEVENS) and the Senator from Min- which may have made this attack more like- the resolution that I offer today would nesota (Mr. GRAMS) were added as co- ly; Now, therefore, be it require Congress to: sponsors of amendment No. 1069 pro- Resolved by the Senate (the House of Rep- Reaffirm that the United States posed to S. 1061, an original bill mak- resentatives concurring), That Congress— should fully cooperate with the state of ing appropriations for the Departments (1) condemns in the strongest possible Israel in helping to stem the tide of terms this latest bombing and those respon- of Labor, Health and Human Services, sible for encouraging or inciting such cow- terrorism, which has threatened the and Education, and related agencies for ardly acts; Oslo process and the stability of this the fiscal year ending September 30, Whereas (2) expresses its deepest condo- vital region; express its deepest condo- 1998, and for other purposes. lences to the families of the victims of this lences to the families of the victims of September 4, 1997 CONGRESSIONAL RECORD — SENATE S8833 this latest bombing and express its sol- made available under this Act, or any other of the United States that the International idarity with the people of the State of Act making appropriations for fiscal year Brotherhood of Teamsters does not have Israel; and affirm that the United 1998, may be used by the Department of funds sufficient to conduct a rerun of a 1996 States should provide no monetary or Labor or the Department of Justice to con- election for the office of President, General duct a rerun of a 1996 election for the office Secretary, Vice-President, or Trustee of the other assistance to the Palestinian Au- of President, General Secretary, Vice-Presi- International Brotherhood of Teamsters, the thority until it has fulfilled its obliga- dent, or Trustee of the International Broth- President of the United States may transfer tions under the Oslo accords. erhood of Teamsters. funds from the Department of Justice and To many of my colleagues that may (b) EXCEPTION.— the Department of Labor for the conduct and not already know this, I have just re- (1) IN GENERAL.—Upon the submission to oversight of such a rerun election. turned from Israel, where I walked up Congress of a certification by the President (2) REQUIREMENT.—Prior to the transfer of and down Ben Yehuda street. There- of the United States that the International funds under paragraph (1), the International Brotherhood of Teamsters does not have fore, this resolution hits close to home Brotherhood of Teamsters shall agree to funds sufficient to conduct a rerun of a 1996 repay the Secretary of the Treasury for the for me. election for the office of President, General costs incurred by the Department of Labor Mr. President, it is time for Arafat to Secretary, Vice-President, or Trustee of the and the Department of Justice in connection live up to the commitments he made in International Brotherhood of Teamsters, the with the conduct of an election described in the Oslo accords and break the back of President of the United States may transfer paragraph (1). Such agreement shall provide the terrorist infrastructure in Pal- funds from the Department of Justice and that any such repayment plan be reasonable estine. the Department of Labor for the conduct and and practicable, as determined by the Attor- I urge my colleagues to join me in oversight of such a rerun election. ney General and the Secretary of Treasury, (2) REQUIREMENT.—Prior to the transfer of condemning today’s terrorist acts and and be structured in a manner that permits funds under paragraph (1), the International the International Brotherhood of Teamsters cosponsor this important legislation. Brotherhood of Teamsters shall agree to to continue to operate. f repay the Secretary of the Treasury for the (3) REPAYMENT PLAN.—The International costs incurred by the Department of Labor Brotherhood of Teamsters shall submit to AMENDMENTS SUBMITTED and the Department of Justice in connection the President of the United States, the Ma- with the conduct of an election described in jority and Minority Leaders of the Senate, paragraph (1). Such agreement shall provide the Majority and Minority Leaders of the THE DEPARTMENT OF LABOR AP- that any such repayment plan be reasonable House of Representatives, and the Speaker of PROPRIATIONS ACT FOR FISCAL and practicable, as determined by the Attor- the House of Representatives, a plan for the YEAR 1998 ney General and the Secretary of Treasury, repayment of amounts described in para- and be structured in a manner that permits graph (2), at an interest rate equal to the the International Brotherhood of Teamsters Federal underpayment rate established D’AMATO (AND OTHERS) to continue to operate. under section 6621(a)(2) of the Internal Reve- (3) REPAYMENT PLAN.—The International AMENDMENT NO. 1079 nue Code of 1986 as in effect for the calendar Brotherhood of Teamsters shall submit to quarter in which the plan is submitted, prior Mr. D’AMATO (for himself, Ms. the President of the United States, the Ma- to the expenditure of any funds under this MOSELEY-BRAUN, Mr. HARKIN, Mr. DOR- jority and Minority Leaders of the Senate, section. GAN, Mr. SPECTER, and Mr. STEVENS) the Majority and Minority Leaders of the (c) This section shall take effect one day proposed an amendment to the bill (S. House of Representatives, and the Speaker of after enactment of this Act. the House of Representatives, a plan for the 1061) making appropriations for the De- repayment of amounts described in para- f partments of Labor, Health and Human graph (2), at an interest rate equal to the Services, and Education, and related Federal underpayment rate established agencies for the fiscal year ending Sep- under section 6621(a)(2) of the Internal Reve- NOTICE OF HEARING tember 30, 1998, and for other purposes; nue Code of 1986 as in effect for the calendar COMMITTEE ON ENERGY AND NATURAL as follows: quarter in which the plan is submitted, prior RESOURCES to the expenditure of any funds under this On page 45, line 13, strike ‘‘$854,074,000’’ and SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC section. insert ‘‘$854,074,000 (and an additional PRESERVATION AND RECREATION amount of $40,000,000 that shall be used to Mr. THOMAS. Mr. President, I would carry out title III of such Act)’’. KENNEDY AMENDMENT NO. 1082 like to announce for the information of On page 85, line 19, strike ‘‘$30,500,000’’ and Mr. KENNEDY proposed an amend- the Senate and the public that an over- insert ‘‘$70,500,000’’. ment to the amendment No. 1081 pro- sight hearing has been scheduled before posed by Mr. NICKLES to the bill, S. the Subcommittee on National Parks, LIEBERMAN (AND COATS) 1061, supra; as follows: Historic Preservation and Recreation AMENDMENT NO. 1080 At the end thereof, insert the following: of the Committee on Energy and Natu- Mr. LIEBERMAN (for himself and (c) Nothing in this section shall be con- ral Resources. strued to affect the obligations of the United Mr. COATS) proposed an amendment to The hearing will take place on Thurs- States under the consent decree in United day, September 11, 1997 at 2:00 p.m. in the bill, S. 1080, supra; as follows: States v. International Brotherhood of Team- On page 50, line 9, strike ‘‘$1,271,000’’ and sters, 88 Civ. 4486 (DNE) (S.D.N.Y.), or any room SD–366 of the Dirksen Senate Of- insert ‘‘1,256,987,000’’, and on line 10, strike court orders thereunder. fice Building in Washington, DC. ‘‘$530,000,000’’ and insert ‘‘$515,987,000’’. The purpose of this hearing is to re- On page 53, line 12, strike, ‘‘$310,000,000’’ CRAIG (AND OTHERS) AMENDMENT view the Commemorative Works Act and insert ‘‘285,000,000’’. NO. 1083 and the administrative and public proc- On page 59, line 12, strike, ‘‘362,225,000.’’ ess involved in the site selection of the and insert ‘‘352,225,000, of which $40 million Mr. CRAIG (for himself, Mr. NICKLES, World War II Memorial and the re- shall be made available to carry out Park A and Mr. JEFFORDS) proposed an amend- cently announced Air Force Memorial. of Title X of the Elementary and Secondary ment to amendment No. 1081 proposed Education Act of 1965.’’ Because of the limited time available by Mr. NICKLES to the bill, S. 1061, for the hearing, witnesses may testify On page 59, line 14, after ‘‘said Act’’ insert supra; as follows: ‘‘, $100,000,000 shall be available to carry out by invitation only. However, those part C of Title X of the Elementary and Sec- Strike all after the word section and insert wishing to submit written testimony ondary Education Act of 1965,’’. the following: (a) IN GENERAL.—Except as provided in for the hearing record should send two subsection (b), none of the funds made avail- copies of their testimony to the Sub- NICKLES (AND JEFFORDS) able under this Act, or any other Act making committee on National Parks, Historic AMENDMENT NO. 1081 appropriations for fiscal year 1998, may be Preservation and Recreation, Commit- Mr. NICKLES (for himself and Mr. used by the Department of Labor or the De- tee on Energy and Natural Resources, partment of Justice to conduct a rerun of a JEFFORDS) proposed an amendment to United States Senate, 364 Dirksen Sen- 1996 election for the office of President, Gen- the bill, S. 1061, supra; as follows: ate Office Building, Washington, DC eral Secretary, Vice-President, or Trustee of 20510–6150. On page 25, between lines 9 and 10, insert the International Brotherhood of Teamsters. the following: (b) EXCEPTION.— For further information, please con- SEC. . (a) IN GENERAL.—Except as pro- (1) IN GENERAL.—Upon the submission to tact Jim O’Toole of the Subcommittee vided in subsection (b), none of the funds Congress of a certification by the President staff at (202) 224–5161. S8834 CONGRESSIONAL RECORD — SENATE September 4, 1997 AUTHORITY FOR COMMITTEES TO A year later, Blum decided to change After trouncing New Mexico 11–1, MEET careers and attended a 10-week unpaid South Mission Viejo went on to defeat COMMITTEE ON FOREIGN RELATIONS customer service training program of- Arizona and Oregon to reach the west- Mr. STEVENS. Mr. President, I ask fered by Discover Card in conjunction ern regional semifinals—a rematch unanimous consent that the Commit- with the group Business Organization with Oregon. A 3-run home run in the tee on Foreign Relations be authorized Office Services Training (B.O.O.S.T). top of the fourth inning gave South to meet during the session of the Sen- Again armed with new skills, Blum Mission Viejo a 11–1 lead, and the game ate on Thursday, September 4, 1997, at used her training to land her current ended under the league’s 10-run mercy 2 p.m. to hold a hearing. job at Hospitality Franchise Systems. rule. The PRESIDING OFFICER. Without The Private-sector Employee of the The final game, against the team objection, it is so ordered. Year award is given annually by NIB. from Sunnyvale, CA, was a classic COMMITTEE ON GOVERNMENTAL AFFAIRS The award recognizes outstanding indi- pitching duel. South Mission Viejo Mr. STEVENS. Mr. President, I ask viduals who receive training and work pitching rang up 11 strike-outs while unanimous consent on behalf of the experience in an NIB associated agency Sunnyvale countered with 7 of their Governmental Affairs Committee Spe- and then enter careers in the private own. But in the end, South Mission cial Investigation to meet on Thurs- sector. Viejo squeezed by with a 2–1 victory, day, September 4, at 10 a.m. for a hear- National Industries for the Blind is a earning them a chance to compete in ing on campaign financing issues. not-for-profit corporation whose mis- the Little League World Series. The PRESIDING OFFICER. Without sion is to enhance the economic and They dominated the tournament objection, it is so ordered. personal indepen-dence of persons who from day one, winning all three of their are blind, primarily through creating, first-round games. In the second game, SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHTS AND THE COURTS sustaining, and improving employ- against Dyer, IN, South Mission Viejo Mr. STEVENS. Mr. President, I ask ment. There are 119 independent indus- once again displayed the depth of its unanimous consent that the Sub- tries throughout the United States, in- pitching talent. Three teammates near- committee on Administrative Over- cluding Arizona Industries for the ly made Little League World Series sight and the Courts, of the Senate Blind, that are associated with NIB. In- history by pitching a combined perfect Committee on the Judiciary, be au- dustries associated with National In- game—the pitching staff missed scor- thorized to meet during the session of dustries for the Blind employ people ing a no-hitter by a single in the last the Senate on Thursday, September 4, who are blind in manufacturing, office, inning. 1997, at 2 p.m. to hold a hearing in super-visory, telecommunications, ex- The game for the national champion- room 226, Senate Dirksen Building, on: ecutive positions and other careers. ship was a rematch of a first-round ‘‘Conserving Judicial Resources: A Re- Products and services are provided by game against Bradenton, FL. It was view of the Judicial Allocations for the NIB-associated agencies to the federal another typical South Mission Viejo Second and Eighth Circuit Courts of government under the guidelines of the victory, a mix of consistent hitting, Appeal.’’ Javits-Wagner-O’Day Act (41 U.S.C. 46– solid fielding, and strong pitching. The PRESIDING OFFICER. Without 48c). These industries also provide vo- Their victory earned South Mission objection, it is so ordered. cational training to people who are Viejo the right to compete in the world f blind that provides them with the nec- championships. essary skills to obtain gainful employ- The final game was played before ADDITIONAL STATEMENTS ment within the private sector.∑ 37,000 fans and an international tele- f vision audience. As most Americans know, South Mission Viejo jumped to MARIE BLUM RECEIVES HONORS CONGRATULATING THE SOUTH an early lead, only to fall to a heart- FROM NATIONAL INDUSTRIES MISSION VIEJO LITTLE LEAGUE breaking rally in the last inning by FOR THE BLIND ∑ Mrs. BOXER. Mr. President, I rise Guadalupe, Mexico. For only the sec- ∑ Mr. MCCAIN. Mr. President, with the today to congratulate the South Mis- ond time in 3 months, South Mission help of a telesensory screenpower sion Viejo Little League team, the U.S. Viejo lost a baseball game. Braille display and a Braille tape on national champions, for their outstand- In defeat, as in victory, South Mis- the phone, Marie Blum takes hundreds ing 1997 season. All Americans, and all sion Viejo represented our Nation with of customer reservations for Ramada Californians, are very proud of them. honor and dignity. They played hard Hotels each day. Blind since birth, The Little League World Series has and they played fair, earning the re- Marie’s perseverance has brought her become a national tradition. Every spect of Americans everywhere. to a successful career as a reservations year, the best Little Leaguers from all But they couldn’t have done it with- agent for Hospitality Franchise Sys- over the world come to Williamsport, out the unflagging support and enthu- tems in Phoenix, Arizona. PA to compete in the world champion- siasm of their parents, their families, ‘‘If people would just apply them- ship. Participants leave with lifelong and the thousands of volunteers who selves,’’ says Marie, ‘‘they might sur- memories and lasting friendships. put so much time and effort into mak- prise themselves at what they can real- The journey to the Little League ing Little League a reality. These peo- ly accomplish.’’ This philosophy and World Series is a rigorous one. It de- ple are at the heart of the success of Blum’s exemplary work performance mands the highest levels of teamwork, the Little League—not just in Mission brought her recognition from National talent, and perseverance. South Mis- Viejo but all across the nation. It is Industries for the Blind (NIB) as the sion Viejo reached the World Series by not an easy job, and too often goes 1997 Private-sector Employee of the winning 21 of 22 games over a 3-month unheralded. I applaud the commitment Year. stretch against the toughest competi- of the Mission Viejo community to Blum, 46, sought to reenter the work tion in the United States. their team, and I congratulate them on force in 1994 upon the death of her hus- Manager Jim Gattis and coaches a job well done. band. Previously a homemaker, Blum Allen Elconin, and Ed Sorgi guided I wish every member of the South needed a way to support both herself these 11- and 12-year-olds first through Mission Viejo team the best of luck in and her teenage daughter. She sought the Division 55 tournament in San the coming school year, and in future training at the work adjustment pro- Clemente, then through the sectional seasons. Congratulations. gram at Arizona Industries for the playoffs in Santa Ana, and finally Mr. President, I ask that the com- Blind in Phoenix, where she assembled, through the Division 2 playoffs in La plete roster of the U.S. National Little collated, and packed various products. Puente to determine the southern Cali- League Champions be printed in the Just three months later, armed with fornia champions. After winning all record. confidence and new skills, Blum was three of these tournaments, South Mis- The roster follows: hired by Laboratory Environmental sion Viejo was on their way to San Taylor Bennett, Mike Cusick, Adam Support, Inc. where she did production Bernardino, the site of the western re- Elconin, Gavin Fabian, Gary Gattis, Brian and packaging work. gional championship. Kraker, Chad Lucas, Nick Moore, Andrew September 4, 1997 CONGRESSIONAL RECORD — SENATE S8835 Nieves, Greg Oates, Ryan O’Donovan, Adam Though he felt strongly about poli- the impact it had on educational prior- Sorgi, Ashton White, Jim Gattis, Manager, tics, Hart never let partisanship get ities, she invested considerable time in Al Elconin, Coach, Ed Sorgi, Coach.∑ the better of him. His dignity, kindness the electoral process of her state, f and humor won him the respect and working on campaigns for legislators CONSTABLE SARA LEE friendship of people across the political such as John Olver, and, I am proud to spectrum. He was also a deeply reli- say, in my re-election campaign in ∑ Mr. ABRAHAM. Mr. President, I rise today to give special thanks and appre- gious man who often acted as a lay 1996. ciation for Constable Sarah Lee, who preacher and was inspired by faith in Ms. Kasparian’s charity and service has visited us from Great Britain. Con- everything he did. extended beyond her profession. She stable Lee serves as a Divisional Offi- His message has resonated with me hosted fundraisers for international re- cer with the British Special Constables and so many others because of its sim- lief organizations, demonstrating her in Metro Police Area 5. As a member of ple truth: being true to your own be- deep and unselfish commitment to im- the British Special Constables, I would liefs is the highest ideal. I have tried to proving the quality of life for others like to honor her for the sacrifice heed Hart’s message in my own life, throughout the world. In and of them- which she, along with fellow British re- and I’ll always be grateful for his ex- selves, her contributions to housing serve police officers, makes for her ample of political courage.∑ through the work of the Amherst Hous- country. On behalf of the U.S. Senate, f ing Review Board, which she helped to establish, are worthy of recognition. I offer my highest appreciation for the IN HONOR OF MELINE KASPARIAN the time and talent so generously It is with our knowledge of Meline ∑ Mr. KERRY. Mr. President, on Satur- given by both British and American po- Kasparian as an influential leader and day, August 16th, 1997, this nation lost lice reserve officers. a selfless and caring woman that we ∑ a leader in the fight for quality public f honor her for her efforts in educating education. The history of this country thousands of young people across Mas- WILLIAM OSBORNE HART demonstrates that it is only through sachusetts and attempting to bring ∑ Mr. FEINGOLD. Mr. President, I education that we can give the next educational opportunities to every want to pay tribute to a beloved figure generation the tools they need to pros- child.∑ in Wisconsin politics, William Osborne per and advance, and Meline Kasparian f Hart, who passed away on August 22. of Massachusetts embodied this com- UNANIMOUS CONSENT AGREE- As a longtime activist in the State’s mitment every day of her professional MENT—VITIATION OF CERTAIN Socialist Party, Hart ran for political life. NOMINATIONS office 25 times, and lost 25 times. He Meline spent twenty-five years in the spread his message by running for of- classrooms of Springfield, Massachu- Mr. ENZI. Mr. President, as in execu- fice, and understood that he didn’t setts, teaching two subjects that she tive session, I ask unanimous consent need to win to make a difference. He loved dearly: English and theater. Her that the President be requested to re- once said ‘‘I don’t buy that Vince students were profoundly touched by turn to the Senate the resolution of Lombardi nonsense that winning is ev- her ability to present works from a the Senate of July 24, 1997, advising erything. Change is everything. Most broad spectrum of history and make and consenting to nominations in the politicians in American life who win them relevant and applicable to the Navy beginning John A. Achenbach, to have lost their souls.’’ modern age. In the course of teaching, be captain, and ending Sreten Zivovic, William Hart brought about change she exposed her students to a broad va- to be captain; further, that the con- by challenging his opponents, and the riety of artists, including the works of firmation of the nominations be viti- voters, with his ideas. He was a cham- African-American playwrights and au- ated, and when returned by the Presi- pion of the Bill of Rights, and always thors such as James Baldwin and Ju- dent, the nominations be returned to remained so, refusing to compromise lius Lester. This love of art, literature the Committee on Armed Services. when it was politically unpopular. A and history inspired her to work with The PRESIDING OFFICER. Without tireless political organizer, Hart was a the Black Repertory Theatre at the objection, it is so ordered. cornerstone of Wisconsin’s Socialist University of Massachusetts/Amherst, Mr. ENZI. Mr. President, I suggest Party and helped found Wisconsin’s where her extensive contributions will the absence of a quorum. Labor and Farm Party. be missed for years to come. The PRESIDING OFFICER. The A great example of Hart’s tenacity Ultimately, though, Ms. Kasparian clerk will call the roll. was his run for the Presidency in 1984. will be remembered for her contribu- The assistant legislative clerk pro- Though he was a well-known politician tions to education on both the local ceeded to call the roll. in his home State, Hart was almost and state level. From 1987 to 1996, Mr. ENZI. Mr. President, I ask unani- kept off Wisconsin’s Presidential pri- Meline Kasparian devoted her time to mous consent that the order for the mary ballot, not considered a viable numerous associations committed to quorum call be rescinded. candidate because he lacked national retaining the highest educational The PRESIDING OFFICER. Without media exposure. He refused to abide by standards in the country. Her career as objection, it is so ordered. a decision that equated the ability to a committed leader in Massachusetts f buy television time with the right to began with her service as president of run for office, and sued for a place on the Springfield Education Association ORDERS FOR FRIDAY, SEPTEMBER the ballot with the Wisconsin branch of in 1987 and culminated in her election 5, 1997 the American Civil Liberties Union. as president of the Massachusetts Mr. ENZI. I ask unanimous consent Hart won his lawsuit and scored an im- Teachers Association, an organization that when the Senate completes its portant legal victory. He didn’t win the 80,000 members strong, in 1996. business today, it stand in adjourn- primary, but he did make a difference. Ms. Kasparian’s fight for quality pub- ment until the hour of 9:30 a.m. on Fri- ‘‘I’ve always said that if I won an lic education made her prominent on day, September 5. I further ask that on election, the first thing I’d do is de- the national stage, as well. At con- Friday, immediately following the mand a recount,’’ said Hart, who loved ferences, workshops and round-tables, prayer, the routine requests through to say that he’d once come ‘‘dan- she worked with politicians and edu- the morning hour be granted, and the gerously close’’ to winning a seat on cation advocates from all over the Senate immediately begin debate on the Madison school board. In 1992, at 80 country. She included in her focus nu- the motion to proceed to S. 830, the years old, Hart ran in his 25th and last merous Democratic National Conven- FDA reform bill, and that the debate election. Walking with two canes and tions, where she proudly represented time be equally divided in the usual suffering from heart problems, most the people of Massachusetts as a dele- form until 9:50 a.m. people would have decided 24 times was gate. At these and other national con- The PRESIDING OFFICER. Without enough. But Hart defied convention to ferences, Meline distinguished herself objection, it is so ordered. the end, and exemplified integrity and as a tireless advocate for the expansion Mr. ENZI. I further ask that at 9:50 commitment to those who knew him. of educational opportunities. Realizing a.m. the Senate proceed to a cloture S8836 CONGRESSIONAL RECORD — SENATE September 4, 1997 vote on the motion to proceed to the FICERS OF THE CLASSES STATED, AND ALSO FOR THE JOHN M. CARDWELL, OF VIRGINIA OTHER APPOINTMENTS INDICATED HEREWITH: FLORENCE CARSON, OF VIRGINIA consideration of S. 830, the FDA reform FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF MARC WALTER CARSON, OF VIRGINIA bill. CLASS ONE, CONSULAR OFFICERS AND SECRETARIES IN CHERYL D. COMFORT-CARTER, OF VIRGINIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF ERIN CROWE, OF MICHIGAN The PRESIDING OFFICER. Without AMERICA: LINDA ELISA DAETWYLER, OF CALIFORNIA objection, it is so ordered. GARY A. DZIEDZIC, OF VIRGINIA AGENCY FOR INTERNATIONAL DEVELOPMENT CHERYL L. EICHORN, OF VIRGINIA f DOMINIC ALFRED D’ANTONIO, OF CONNECTICUT ALBERT ELGAMIL, OF VIRGINIA JOSEPH J. PASTIC, OF VIRGINIA JOSE M. ESTEVEZ, OF PUERTO RICO RANDOLPH FRANCIS FAGAN, JR., OF VIRGINIA PROGRAM U.S. INFORMATION AGENCY ROBERT L. FARRIS, OF VIRGINIA DAVID ERIC FASS, OF VIRGINIA NANCY R. LE ROY, OF FLORIDA Mr. ENZI. For the information of all JOHN EDWARD FRIBERG, JR., OF VIRGINIA Members, tomorrow the Senate will DEPARTMENT OF STATE DANIEL T. FROATS, OF CALIFORNIA STEPHEN C. GALLOWAY, OF VIRGINIA immediately begin consideration of the DAVID F. DAVISON, OF VIRGINIA RUSSELL C. GILGER, OF VIRGINIA TERRY ARTHUR GINSBURG, OF VIRGINIA motion to proceed to S. 830, the FDA FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF JOSHUA D. GLAZEROFF, OF NEW YORK CLASS TWO, CONSULAR OFFICERS AND SECRETARIES IN reform bill, with the time from 9:30 CAREN F. GORDON, OF VIRGINIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF CHRISTOPHER J. GREEN, OF VIRGINIA a.m. to 9:50 a.m. being equally divided AMERICA: GISELLE C. GRIGGS, OF MARYLAND in the usual form. As previously or- AGENCY FOR INTERNATIONAL DEVELOPMENT GEORGE K. HALE, OF WASHINGTON dered, a cloture vote on the motion to SABINA ANN HASMI, OF VIRGINIA EARELL EDWIN KISSINGER, III, OF COLORADO JAMES W. HENTSCHEL, OF VIRGINIA proceed to the FDA bill will occur at MICHAEL JAMES YATES, OF VIRGINIA DAVID ALAN HIGDON, OF TEXAS JOHN J. HILL, OF ALABAMA 9:50 a.m. Also, by previous consent, if FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF MICHELLE M. HOPKINS, OF CALIFORNIA CLASS THREE, CONSULAR OFFICERS AND SECRETARIES cloture is invoked on Friday, the Sen- JAMES C. HSU, OF TEXAS IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF ANTHONY N. IERONIMO, OR NEW JERSEY ate will debate for 8 hours on the mo- AMERICA: S. GEORGE IMREDY, OF THE DISTRICT OF COLUMBIA tion to proceed equally divided be- AGENCY FOR INTERNATIONAL DEVELOPMENT CHRISTOPHER LEE JAEGER, OF MARYLAND tween Senators JEFFORDS and KEN- THOMAS T. KIM, OF VIRGINIA CHARLES S. MORGAN, OF VIRGINIA DOUGLAS ALAN KRIESEL, OF THE DISTRICT OF COLUM- NEDY. In addition, there will be 4 hours SUSAN MUTIJIMA PAGE, OF ILLINOIS BIA of debate on the motion to proceed re- U.S. INFORMATION AGENCY SANJAI KUMAR, OF VIRGINIA JULIE LANGE, OF VIRGINIA maining on Monday. Also, by consent, FRANK J. WHITAKER, OF VIRGINIA BETTY JO LITTLE, OF THE DISTRICT OF COLUMBIA a vote is expected Monday at 5 p.m. on LIZABETH LOWELL, OF FLORIDA FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF KATHLEEN A. LUNDY, OF VIRGINIA an amendment relating to the Labor- CLASS FOUR, CONSULAR OFFICER AND SECRETARIES IN GEORGE W. LYNN, OF VIRGINIA HHS appropriations bill. Any remain- THE DIPLOMATIC SERVICE OF THE UNITED STATES OF JOSE ELIAS MERRERO, OF FLORIDA AMERICA: ing votes will be stacked to occur on JACQUES L. MASSENGILL, OF VIRGINIA U.S. INFORMATION AGENCY ROBERT PETER MC CARTHY, OF NEW YORK Tuesday. JOHN M. MC CASLIN, OF OHIO MARY JANE WOLANSKY BUSHNAQ, OF VIRGINIA FRANCIS M. MC GUINNESS, OF VIRGINIA f THOMAS E. COONEY, OF MICHIGAN MITZI M. MC NAMARA, OF VIRGINIA NIDA A. EMMONS, OF FLORIDA THERESA M. MICHAUD, OF VIRGINIA ADJOURNMENT UNTIL 9:30 A.M. SHEILA R. PARKMAN, OF PENNSYLVANIA WILLIAM L. MOYER, OF VIRGINIA KARYN ALLISON POSNER-MULLEN, OF FLORIDA BARBARA BETH MORRISON, OF NEW JERSEY TOMORROW ALETA FAY WENGER, OF WASHINGTON SUSAN V. NARAINE, OF THE DISTRICT OF COLUMBIA MARTIN A. NEWELL, OF MARYLAND Mr. ENZI. Mr. President, if there is DEPARTMENT OF STATE DAVID ROY O’CONNOR, OF THE DISTRICT OF COLUMBIA no further business to come before the CHRISTOPHER D. BERLEW, OF VIRGINIA DARIN K. OLSON, OF VIRGINIA Senate, I now ask unanimous consent BETTY A. BERNSTEIN-ZABZA, OF THE DISTRICT OF CO- MICHAEL ANDREW ORDONEZ, OF WASHINGTON LUMBIA DOUGLAS L. PADGET, OF VIRGINIA that the Senate stand in adjournment JANINE R. BOIARSKY, OF CALIFORNIA KENNETH L. PARSON, OF VIRGINIA under the previous order. RUSSEL JOHN BROWN, OF MONTANA REBECCA ANN PASINE, OF INDIANA KELLY COLLEEN DEGNAN, OF CALIFORNIA TROY ERIC PEDERSON, OF VIRGINIA There being no objection, the Senate, LESLIE STEPHEN DEFRAFFENRIED, OF TEXAS ROSETTA PERRI, OF PENNSYLVANIA at 9:32 p.m., adjourned until Friday, CYNTHIA RAE DOELL, OF NEBRASKA J. PHILIP PLOWMAN, OF VIRGINIA MARK CHRISTOPHER ELLIOTT, OF MARYLAND DAVID B. PONSAR, OF CALIFORNIA September 5, 1997, at 9:30 a.m. KAREN LYNN ENSTROM, OF PENNSYLVANIA JOHN DAVID RADEL, OF VIRGINIA GABRIEL ESCOBAR, OF TEXAS HOPE C. RAWDING, OF VIRGINIA f JONATHAN DAVID FRITZ, OF FLORIDA SCOTT MICHAEL RENNER, OF COLORADO J. ROBERT GARVERICK, OF OHIO DEBORAH CARRIE RHEA, OF VIRGINIA NOMINATIONS JOHATHAN HENICK, OF CALIFORNIA NICHOLAS E. REYNOLDS, OF VIRGINIA BARBARA A.P. HIBBEN, OF MARYLAND JOHN P. RICHARDSON, OF VIRGINIA Executive nominations received by JAN KRC, OF THE DISTRICT OF COLUMBIA JOHN C. ROBERTS, OF MISSISSIPPI PATRICIA J. KOETELANCIK, OF ILLINOIS ABIGAIL ELIZABETH RUPP, OF VIRGINIA the Senate September 4, 1997: MARGARET U. KURTZ-RANDALL, OF ILLINOIS CYNTHIA M. SADDY, OF VIRGINIA LUIS A. SANTOS, OF MARYLAND THE JUDICIARY ADAM DUANE LAMOREAUX, OF UTAH TIMOTHY A. LENDERKING, OF NEW HAMPSHIRE AMY WING SCHEDLBAUER, OF TEXAS DALE A. KIMBALL, OF UTAH, TO BE U.S. DISTRICT CHERYL S. LESTER, OF VIRGINIA MICHAEL B. SCHNEIDER, OF VIRGINIA JUDGE FOR THE DISTRICT OF UTAH VICE DAVID K. WIND- BRIAN R. NARANJO, OF NEW MEXICO BRIAN G. SCOTT, OF VIRGINIA ER, RETIRED. HELEN PATRICIA REED-ROWE, OF MARYLAND JAMES SEMIVAN, OF VIRGINIA EDWARD F. SHEA, OF WASHINGTON, TO BE U.S. DIS- JOAN MARIE RICHARDS, OF CALIFORNIA JANET E. SENG, OF PENNSYLVANIA TRICT JUDGE FOR THE EASTERN DISTRICT OF WASHING- ELIZABETH HELEN ROOD, OF MARYLAND KATHLEEN F. SEROSKIE, OF VIRGINIA TON VICE ALAN A. MC DONALD, RETIRED. WILLIAM JOHANN AUGUST SCHMONSEES III, OF SOUTH SCOTT A. SHAW, OF ILLINOIS CAROLINA RITA M. SHEEHAN, OF VIRGINIA DEPARTMENT OF COMMERCE DAVID JONATHAN SCHWARTZ, OF FLORIDA VINCENT P. SHUGRUE, OF VIRGINIA KENNETH A. THOMAS, OF OREGON DAVID J. SMITH, OF MARYLAND R. ROGER MAJAK, OF VIRGINIA, TO BE AN ASSISTANT LYN R. SUMNER, OF VIRGINIA SECRETARY OF COMMERCE, VICE SUE E. ECKERT, RE- FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF GAVIN ALEXANDER SUNDWALL, OF NORTH CAROLINA SIGNED. CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN ANDREW J. TICHAVA, OF VIRGINIA RAYMOND G. KAMMER, OF MARYLAND, TO BE DIREC- THE DIPLOMATIC SERVICE OF THE UNITED STATES OF NANCY E. TOTTEN, OF VIRGINIA TOR OF THE NATIONAL INSTITUTE OF STANDARDS AND AMERICA, EFFECTIVE MAY 29, 1997: WILLIAM M. TOTTEN, OF VIRGINIA TECHNOLOGY, VICE ARATI PRABHAKAR. DEE B. WHITE, OF VIRGINIA DEPARTMENT OF STATE PUBLIC HEALTH SERVICE TERESA WILKIN, OF THE DISTRICT OF COLUMBIA CHRISTINE ANNE HAROLD, OF MARYLAND SEAN MICHAEL WISWESSER, OF VIRGINIA THE FOLLOWING CANDIDATES FOR PERSONNEL AC- CHARLES M. WOLF, JR., OF VIRGINIA TION IN THE REGULAR COMPONENT OF THE PUBLIC THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN KRISTIN MARIE WOOD, OF VIRGINIA HEALTH SERVICE COMMISSIONED CORPS SUBJECT TO SERVICE OF THE DEPARTMENT OF COMMERCE AND THE DAVID MICHAEL ZIMOV, OF OHIO QUALIFICATIONS THEREFOR AS PROVIDED BY LAW AND DEPARTMENT OF STATE AND THE U.S. INFORMATION REGULATIONS: AGENCY TO BE CONSULAR OFFICERS AND/OR SECRETAR- f IES IN THE DIPLOMATIC SERVICES OF THE UNITED 1. FOR APPOINTMENT: STATES OF AMERICA, AS INDICATED: CONFIRMATIONS To be assistant surgeon CONSULAR OFFICERS AND SECRETARIES IN THE DIP- LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: Executive nominations confirmed by JENNIFER L. BETTS SUSANNAH Q. OLNES ABIGAIL KESSLER ARONSON, OF NEW JERSEY MATTHEW A. CLARK MELISSA A. SIPE MARK ANDREW ASSUR, OF VIRGINIA the Senate September 4, 1997: GRETCHEN M. ESPLUND JOANETTE A. SORKIN BRIAN S. AUSTIN, OF VIRGINIA THE JUDICIARY PHILIP T. FARABOUGH REBECCA J. WERNER MARTHA L. AUSTIN, OF VIRGINIA LAURIE E. OLNES ALAN M. BROWNING, OF VIRGINIA HENRY HAROLD KENNEDY, JR., OF THE DISTRICT OF FOREIGN SERVICE RICHARD C. BULMAN, JR., OF FLORIDA COLUMBIA, TO BE U.S. DISTRICT JUDGE FOR THE DIS- DON L. BROWN, OF TEXAS TRICT OF COLUMBIA. THE FOLLOWING-NAMED PERSONS OF THE AGENCIES ELAINE A. BYERS, OF VIRGINIA FRANK M. HULL, OF GEORGIA, TO BE U.S. CIRCUIT INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- PETER CALLAMARI, OF VIRGINIA JUDGE FOR THE ELEVENTH CIRCUIT. September 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1651 EXTENSIONS OF REMARKS

AIR QUALITY STANDARDS Resolved That, if EPA proposes to adopt once again travel down the path to democ- more stringent standards for ozone or PM, racy. that such decision be based on consideration f HON. MAC COLLINS of sound science and economics, be it further OF GEORGIA Resolved That the House of Representatives TRIBUTE TO MISSOURI STATE IN THE HOUSE OF REPRESENTATIVES calls on the EPA to conduct a cost benefit REPRESENTATIVE PATRICIA Thursday, September 4, 1997 analysis as required by law on these and other regulations, be it further ‘‘PAT’’ SECREST Mr. COLLINS. Mr. Speaker, the Georgia Resolved That the House of Representatives House of Representatives recently passed a advises and strongly urges the EPA to iden- HON. JAMES M. TALENT resolution urging the U.S. Environmental Pro- tify any unfunded mandates or other admin- OF MISSOURI tection [EPA] to maintain the current National istrative and economic burdens for state or Ambient Air Quality Standards [NAAQS] pend- local governments or agencies that would re- IN THE HOUSE OF REPRESENTATIVES ing further review of the costs and benefits of sult from the proposed changes to the Thursday, September 4, 1997 the proposed changes. The resolution also NAAQS for ozone and particulate matter, be it further Mr. TALENT. Mr. Speaker, I rise today to urges the EPA to identify unfunded mandates Resolved That the Clerk of the House of honor Missouri State Representative Patricia and other regulatory burdens that the pro- Representatives is authorized and directed to ``Pat'' Secrest. Representative Secrest has posed changes would impose on States and transmit copies of this resolution to the been named Legislator of the Year by the local communities. President of the United States, the President American Legislative Exchange Council I submit Georgia House Resolution 379 for of the United States Senate, the Speaker of [ALEC], the largest, bipartisan association of careful consideration by the U.S. Congress. the United States House of Representatives, State legislators in the country. the Georgia congressional delegation, the H.R. 379 Administrator of the U.S. Environmental A distinguished public servant, Representa- Whereas, the U.S. Environmental Protec- Protection Agency, and other appropriate tive Secrest was chosen to receive this honor tion Agency (EPA) has a responsibility to re- administration officials. because of her outstanding work on ALEC's view periodically the National Ambient Air f commerce and economic development task Quality Standards (NAAQS) for ozone and force. Under her leadership, the task force has particulate matter (PM); and Whereas, the EPA is considering establish- CONCERNING THE CRISIS IN doubled its effectiveness, growing the number ing a more stringent ozone standard and a CAMBODIA of model bills drafted from 52 in 1996 to 110 new more stringent standard for particulate in 1997. matter at or below 2.5 microns (PM 2.5); and SPEECH OF Her selection to receive this award is yet Whereas, Georgia, its local jurisdictions, HON. ROBERT A. WEYGAND another milestone in an exceptional public businesses, and citizens have supported service career. Her list of achievements is as OF RHODE ISLAND health based National Ambient Air Quality diverse as it is extensive. Beginning in 1991 Standards (NAAQS) that are premised on IN THE HOUSE OF REPRESENTATIVES sound science; and with the Outstanding Freshman Legislator for Whereas, Georgia has made progress toward Monday, July 28, 1997 Small Business Leadership, to the 1992 Spirit meeting current National Ambient Air Qual- Mr. WEYGAND. Mr. Speaker, I rise in of Enterprise Award from the Missouri Cham- ity Standards (NAAQS) for ozone under the strong support of House Resolution 195. I too ber of Commerce; to the 1993 Missouri Clean Air Act amendments of 1990, although am concerned about the overthrow of the Guardian of Small Business, from the National the Atlanta area has not yet come into com- elected government in Cambodia. Federation of Independent Businesses; to pliance with the current standard; and Whereas, all of Georgia meets the current After years of oppression and violence in- being named 1994 Legislator of the Year by standards for particulate matter; and flicted by the Khmer Rouge, Cambodia was fi- the National Republican Legislator's Associa- Whereas, Georgia, its local jurisdictions, nally on the path to democracy. tion; to her class of 1995 Leadership Missouri businesses, consumers, and taxpayers have In 1991 the peace process began with the Award; to the 1996 Legislative Award, from borne considerable cost to come into compli- Paris peace plan that lead to democratic elec- the Missouri Association of Insurance Agents; ance with the current NAAQS for ozone and tions in 1993, in which 93 percent of eligible to her 1996 Voice of Missouri Business Award particulate matter; and by the Associated Industries of Missouri; and Whereas, the proposed new standards may voters turned out. Cambodia's progress con- significantly expand the number of non- tinued over the last few years as evidenced by to the Golden Sparkplug Award by the St. attainment areas for both ozone and particu- the invitation to join the Association of South- Louis Area Young Republicans, Representa- late matter, which could result in additional east Asian Nations [ASEAN]. tive Secrest has shown she is a dedicated emission controls in some areas and could To assist Cambodia in its transition toward leader. impose significant economic, administrative, democracy and assist its developing economy Her commitment to her community is excep- and regulatory burdens on Georgia, its citi- the United States provided financial aid, grant- tional. As cofounder of Secrest Engineered zens, businesses, and local governments; and ed Cambodia most-favored-nation status and Products, Inc., she is a member of the Na- Whereas, the EPA’s own Clean Air Science Advisory Committee (CASAC) was unable to extended the generalized system preferences. tional Association of Women Business Own- find any ‘‘bright line’’ that would distinguish However, beginning on July 5, Cambodia's ers, and a former member of the St. Louis any public health benefit among any of the progress came to a screeching halt, when County Planning Commission, Leadership St. proposed new standards for ozone, including armed conflict broke out and Co-Prime Min- Louis, Greater Missouri Leadership, and a the current standard; and ister Ranariddh fled. Co-Prime Minister Hun past president of Confluence St. Louis, the re- Whereas, there is very little existing PM 2.4 Sen emerged victorious and it is reported that gional citizens' league. As an educational monitoring data; and leader, she is past recipient of the Parkway Whereas, there are many unanswered ques- senior Ranariddh officials were detained and tions and scientific uncertainties regarding killed. It is in our national interest to ensure School District's excellence in teaching award, the health effects of particulate matter, and that democracy flourishes in Southeast Asia a former member of the Parkway Citizens Ad- in particular PM 2.5: Now, therefore, be it and antidemocratic forces are removed from visory Council, and a former teacher in the Resolved by the House of Representatives of power. Joplin, Columbia, and Parkway School Dis- Georgia That the House of Representatives If the events of the last few weeks are any tricts. As a public servant, she is serving her advises and strongly urges the EPA to reaf- indication of the direction that Hun Sen will fourth term representing the citizens of District firm the existing NAAQS for ozone, be it fur- take Cambodia then I fear that the people of 93 in St. Louis County, and was named in ther Resolved That the House of Representatives Cambodia will be no better off than they were 1997 to serve as the Chair of the House Re- advises and strongly urges the EPA to reaf- under the Khmer Rouge. publican Campaign Committee. firm the existing NAAQS for PM 10, be it fur- It is my sincere hope that a peaceful resolu- Mr. Speaker, it my honor to know and rep- ther tion will soon be reached and Cambodia will resent such an outstanding public servant. I

∑ 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. E1652 CONGRESSIONAL RECORD — Extensions of Remarks September 4, 1997 ask you to join me in congratulating Rep- CONGRATULATIONS TO THE BULL- CAMPAIGN FINANCE REFORM resentative Secrest on being named ALEC's HEAD CITY LITTLE LEAGUE JUN- Legislator of the Year. IOR LEAGUE ALL STARS HON. RON KIND OF WISCONSIN f IN THE HOUSE OF REPRESENTATIVES 50TH ANNIVERSARY OF ASSEMBLY HON. BOB STUMP Thursday, September 4, 1997 OF GOD CHURCH OF ARIZONA Mr. KIND. Mr. Speaker, it is now our second IN THE HOUSE OF REPRESENTATIVES day back from the August break. As I stated HON. MICHAEL P. FORBES yesterday, these next 2 months are our last OF NEW YORK Thursday, September 4, 1997 opportunity to pass meaningful campaign fi- IN THE HOUSE OF REPRESENTATIVES nance reform. We all know that next year will Mr. STUMP. Mr. Speaker, for the third year be an election year and passage of reform Thursday, September 4, 1997 in a row, the Bullhead City Little League Jun- legislation will not only be politically impossible Mr. FORBES. Mr. Speaker, I rise today in ior League are the champions of the Little it will be difficult to change the campaign rules this hallowed Chamber to share with my col- League Baseball District 9 Tournament and in the middle of our own reelection campaigns. leagues the joyful news of the 50th anniver- Arizona State Tournament. Although they did In July three former Presidents, George sary of the Assembly of God church in Center not claim the Division Four Tournament title, Bush, Jimmy Carter, and Gerald Ford, called Moriches, Long Island. We in the Long Island these All Stars worked hard and were victori- for a ban on soft money contributions. The Bi- community are blessed and honored to have ous in representing Arizona. The State of Ari- partisan Campaign Integrity Act bans soft among our community of God for the past 50 zona has great pride in these super achievers money and it enacts more stringent contribu- years this proud Christian congregation. and they are all champions in our eyes. tion disclosure requirements for candidates Since even before its founding, America has Congratulations to the All Stars: Kenny and independent groups. Our constituents been a home for those seeking safe haven to Bower, Justin Brown, Nick David, Justin want us to enact meaningful campaign finance pursue their religious beliefs. Because of that, Fleminks, Danny Eaton, Duke MacArthur, reform, and we are being denied the oppor- America has long been fertile ground for men Logan Fovargue, Emilion Marin, Adrian Mi- tunity to vote on this important issue. Last night Mr. Speaker was a perfect oppor- and women who labor in the work of the Lord. randa, Jose Orozco, Chad Ramsey, Alan Ri- tunity to begin the debate on campaign fi- This is what Christians from New York's Rus- vera, Dillon Wheller, and Willie White. Their nance reform. We finished voting by 6:30 p.m. sian/Ukrainian community learned when they success was lead by their team manager, Don came to Center Moriches after World War II, Every member was present and available to Seaton and their coaches, Stu MacArthur and to minister to home prayer groups in this sea- participate in debate and take a vote on fi- Ken Bower. side South Shore village. With God's bless- nance reform. This morning a subcommittee ings, these groups grew quickly and a church Mr. Speaker, I congratulate the 1997 Ari- on the House Government Reform and Over- building was purchased on Canal Street. The zona District 9 champions, Arizona State sight Committee met and considered legisla- Christ Church of the Full Gospel, under the champions for their remarkable achievements tion, but not campaign finance reform legisla- leadership of Reverend Suhanoff, was found- this season. I wish them the best of luck in all tion. Why, Mr. Speaker, have you not sched- ed in 1947. their endeavors. The entire State of Arizona uled campaign finance reform for a vote? Under the pastorship of Leonard Burket, the will cheer you on to your next success. When will the members of Congress get an congregation built a new church, celebrating opportunity to follow the lead of Presidents the first Christmas in its new home in 1973. f Bush, Carter, and Ford and vote on an end to During Pastor Burket's leadership, the assem- soft money? bly started work on the Sunshine Nursery THE DAY OF CARING f School in 1974 and, in 1982, established the A TRIBUTE TO TRAVIS LIEU, JOSH Center Moriches Christian School. After Pastor AND TOM GARVIE Burket died on May 17, 1988, his congrega- HON. BENJAMIN A. GILMAN tion honored his lifetime of good work in their OF NEW YORK community by renaming the school the Leon- HON. DAVE CAMP ard E. Burket Christian School. IN THE HOUSE OF REPRESENTATIVES OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES In recent years, the Assembly of God Cen- Thursday, September 4, 1997 ter Moriches joined with the New Creation As- Thursday, September 4, 1997 sembly of God, a community of believers Mr. GILMAN. Mr. Speaker, I rise today to Mr. CAMP. Mr. Speaker, I rise today to pay formed 7 years earlier in Mount Sinai. Dedi- make note of a wonderful humanitarian event tribute to a trio of brave young men who acted cated to their faith, New Creation Assembly of taking place in Orange County, NY. Septem- selflessly and heroically to save the life of 13- God members worshipped together in a suc- ber 10, 1997, has been designated the Day of year-old Jessica Doherty of Gladwin County, cession of private homes, local theaters, area Caring by the Orange County United Way. It MI, as she suffered a near-fatal asthma attack. churches, and a dance studio. None of this is on this special day that local volunteers will As reported by the Gladwin County Record, deterred their faith, while midweek services use their valuable time in assisting health and 15-year-old Travis Lieu and 12-year-old Josh were instituted, a youth group was formed and human service agencies in tending to the seri- Garvie had just left Beaverton, Michigan's men's and women's ministries met on a regu- ous social problems our Nation has come face Gem Theater August 19 when Jessica lar basis. to face with. Not 1 second of this charitable Doherty began to suffer a serious asthma at- In 1994, the two congregations forged a donation of time will go unused as participants tack. The boys alerted the girl's mother, who permanent bond when New Creation Pastor will be necessary in performing a large num- drove them to the hospital. On the way, how- Dominick Scibetta became a candidate for the ber of much needed tasks. Among the worth- ever, young Jessica began gasping for air and pastorship of the Assembly of God Center while activities scheduled are feeding the hun- lost consciousness. As they stopped the car, Moriches. His decision to take the new posi- gry, delivering meals to the homebound, work- Tom Garvie, Jessica's other cousin, rushed tion set into motion the work that eventually ing on repair projects, and helping out chil- into a local business to call 911. Travis Lieu merged the two churches in 1995. The first dren, the homeless, elderly, and disabled. Col- and Josh Garvie began to administer mouth- joint service between the two congregations lections of food, clothing, and toys will also be to-mouth resuscitation and other emergency was held on the first Sunday in July 1994. undertaken. procedures. While they waited for an ambu- For the past 50 years, Assembly of God lance to arrive, the boys successfully brought congregants have given so much of their time, The Day of Caring is an incredibly important Jessica back to consciousness. talents, and resources to provide physical and step in strengthening our communities. I re- I am pleased to report that after a 2-day spiritual sustenance to their community. In so mind you that this is a volunteer effort, as it stay at Mid-Michigan Regional Medical Center doing, they have brought the Gospel message should be, because making the lives of our in Gladwin, Jessica Doherty was released to life for all of us on Long Island who are neighbors and friends better is a priority we from the hospital and has resumed a normal privileged to witness their work. May God con- cannot neglect. I commend the people of Or- life. tinue to bless the Assembly of God and its en- ange County and urge my colleagues to sup- Both Travis and Josh had just learned CPR tire congregation. port similar programs throughout our Nation. in health classes during the previous school September 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1653 year. Mr. Speaker, no amount of training can at least three slots falling during peak periods. the Foreign Assistance Act, would be pursued prepare a person for the moment when they The unavailability and high costs of these slots whether or not the Leahy amendment existed. face a real, life-or-death situation, but Travis has effectively precluded many low-cost car- This issue has arisen regarding proposed Lieu, Tom and Josh Garvie were given the riers from entering the market. assistance to Colombia. Let's be clear; the fundamental tools by learning lifesaving skills Recognizing the need for new entry at these only reason assistance has been suspended at school. By using these skills, staying calm slot-controlled airports, in 1994 Congress to Colombia is because the President found and taking control of the situation, they were passed Public Law 103±305, which directed the Government of Colombia was not taking able to give Jessica Doherty a second chance the DOT to grant exemptions from these con- sufficient steps to halt narcotics trafficking. Let at life. trols when the Secretary of Transportation me repeat; other than existing counter narcot- Congratulations to Travis Lieu, Tom and ``finds it to be in the public interest and the cir- ics assistance, funds previously committed for Josh Garvie for a job well done. cumstances to be exceptional.'' However, be- Colombia have not been made available to f cause of the Department's narrow construction that country due entirely to the provisions of of the exceptional circumstances requirement, section 490 of the Foreign Assistance Act. BILL TO AMEND TITLE 49, UNITED little new entry has occurred. By eliminating STATES CODE, RELATING TO For the past year, the executive branch has this test, my bill will make it clear that Con- been debating whether to provide funds ap- CRITERIA FOR GRANTING SLOTS gress intends that these exemptions be lib- TO NEW ENTRANT AIR CARRIERS propriated in prior years to the Government of erally granted when it would serve the public Colombia, but withheld due to the decertifica- interest. tion of that country. To make these funds HON. JOHN J. LaFALCE The Department of Transportation's recent available, the President must use section 614 OF NEW YORK Domestic Airline Fares Consumer Report of the Foreign Assistance Act, which allows IN THE HOUSE OF REPRESENTATIVES found that high airfares are a serious problem him to waive other provisions of law. for the traveling public in many communities. Thursday, September 4, 1997 Using section 614, the President has re- Opening the market at these major airports to quested that up to $30 million in prior year Mr. LAFALCE. Mr. Speaker, today, I am in- new entrants will increase competition and funds and equipment be made available for troducing a bill that will increase competition drive down airline ticket prices to destinations ColombiaÐ$17 million for the Colombian Na- among airlines, resulting in lower air fares for throughout the country. It is my hope that this tional Police and $13 million for the Colombian travelers throughout the country. Specifically, bill will be the first step toward lowering air- military. my bill would amend title 49, section fares for those communities that have not ben- 41714(c)(1) of the United States Code to en- efitted from deregulation. The law he is waiving is not the Leahy able new entrant air carriers to obtain access amendment, which does not apply to these f to airport slots at high density airports. funds, but the provisions of the Foreign Assist- Under current law, the Secretary of Trans- INTERNATIONAL NARCOTICS ance Act which resulted in the decertification portation may grant exemptions for new en- CONTROL of Colombia. trants to obtain slots at designated airports I have no problem with the President's pro- only if: First, it is in the public interest; and posal; he has the authority under section 614 second, the Secretary finds that exceptional HON. SONNY CALLAHAN to make these funds available to Colombia ir- circumstances exist. An October 1996 report OF ALABAMA respective of the prohibition in the by the General Accounting Office found that IN THE HOUSE OF REPRESENTATIVES counternarcotics provisions of the Foreign As- few new entries have occurred because the Thursday, September 4, 1997 sistance Act. exceptional circumstances requirement has My understanding is the administration has been interpreted narrowly by the Department Mr. CALLAHAN. Mr. Speaker, I want to take the opportunity to clarify my position on the concerns about the use of these funds by cer- of Transportation, although there is no lan- tain elements of the Colombian military. Dep- guage in the legislative history to support a point of order that was raised during consider- ation of the bill in July on certain language in- uty Assistant Secretary Ryan has informed the narrow construction. My bill would eliminate committee that such concerns would exist irre- the exceptional circumstances criterion, thus cluded in the appropriation for international narcotics control. spective of the Leahy amendment. Indeed, the encouraging the distribution of slots to new Leahy amendment does not prevent the use Last year the Appropriations Committee entrants. of such funds for two reasons; first, they were nearly doubled funding for International Nar- Section 41714 governs the distribution of appropriated prior to the existence of the cotics Control, from $115 million to $213 mil- airport slots at the four slot-controlled airports Leahy amendment, and second, 614 of the lion. As part of a compromise on the funding in this country: LaGuardia, Kennedy, Chicago, Foreign Assistance Act would allow for a waiv- level, the conferees agreed on bill language and Washington National. To reduce conges- er of the Leahy amendment even if it applied offered by Senator LEAHY that prohibited funds tion during peak traffic periods, in 1969 the to such funds. Federal Aviation Administration [FAA] set lim- from going to the security forces of a foreign its on the number of takeoffs and landings that nation if the Secretary of State has credible The administration and the Colombian mili- can occur at these airports by allocating take- evidence to believe such unit has committed tary have now reached an agreement on the off and landing slots equitably among airlines. gross violations of human rights. The Sec- use of these funds, and they should begin In an effort to minimize the Government's role retary may waive this prohibition if she cer- flowing in the near future. in the allocation of slots, in 1985 the Depart- tifies the government of such country is taking I have gone into some detail about this ment of Transportation [DOT] amended its steps to bring the responsible members of the since a number of Members appear to have regulations to allow airlines to buy and sell air- security forces to justice. misunderstood the effect of the Leahy amend- port slots to one another. Under this buy/sell There are two similar provisions that already ment. Last year I opposed the Leahy amend- rule, the DOT grandfathered slots to the hold- exist in the Foreign Assistance Act. One por- ment because it micromanages foreign policy, ers of record as of December 16, 1985. How- tion of that act, section 502B, explicitly states but it is clear the policy embodied by the ever, the DOT reserved its right to withdraw that no security assistance may be provided to amendment is current administration policy slots from those airlines and redistribute them a foreign country if that country engages in which is why I reluctantly agreed to it. But it at any time. ``gross violations of internationally recognized is very important for Members to know that the As a result of this grandfathering, a few es- human rights''. This provision can be waived Leahy amendment is not the reason funds tablished carriers control the vast majority of by the President only under what that act calls have been held up to the Colombian military; slots at these major airports. Not surprisingly, ``extraordinary circumstances''. decertification of Colombia is the reason. a seller's market for these slots has emerged. According to information provided to the I know the gentleman from New York, the Established airlines rarely sell their slots and committee by Deputy Assistant Secretary of chairman of the International Relations Com- when they do the costs range from $500,000 State Michael Ryan of the Bureau of Inter- mittee, is also pursuing a legislative solution to during nonpeak hours to as much as $2 mil- national Narcotics and Enforcement Affairs, the decertification of Colombia that would lion during peak hours. The GAO report notes the Leahy amendment restates past and allow prior year funds to be made available to that in order to mount competitive service in a present policy. The policy embodied by the that country for counternarcotics purposes. I market, an airline needs about six slots, with amendment, and as it is stated elsewhere in hope he is successful. E1654 CONGRESSIONAL RECORD — Extensions of Remarks September 4, 1997 TRIBUTE TO MARY AND PHILLIP blessed anniversary. A union as blessed as erywhere in rural and suburban America, KENTER theirs will surely endure forever. Queensbury Central has provided outstanding f fire protection for her neighbors in a growing HON. MICHAEL P. FORBES community. RECOGNIZING THE GIFT OF TIME And I'd like to tell you about the traits which OF NEW YORK FOUNDATION IN THE HOUSE OF REPRESENTATIVES make me so fond of volunteer fire depart- ments and the communities they serve. No. 1 Thursday, September 4, 1997 HON. JAMES M. TALENT is the undeniable camaraderie which exits Mr. FORBES. Mr. Speaker, I rise today in OF MISSOURI among neighbors. That camaraderie makes up this hallowed Chamber to pay tribute to Mary IN THE HOUSE OF REPRESENTATIVES much of the charm of small town life but also and Phillip Kenter, of Riverhead, Long Island, generates a desire to look out for one another Thursday, September 4, 1997 as they celebrate their blessed 40th wedding and the needs of the community. That's what anniversary. Mr. TALENT. Mr. Speaker, I rise today to makes places like Queensbury such places, I know that my colleagues in the U.S. recognize the efforts of an outstanding new or- great places, to live and raise a family. This House of Representatives believe as I do, that ganization which has dedicated itself to aid in concept of community service is exemplified marriage is the bedrock of our society, the the development of our Nation's children. The by the devoted service of the Queensbury Fire foundation on which all of our values, beliefs, Gift of Time Foundation is a nonprofit organi- Company. For 50 years now, this organization and hopes for the future stand. That is why zation dedicated to providing community serv- has provided critical services for the citizens we, as national leaders, should take a moment ice, academic, and physical fitness programs on a volunteer basis. to recognize and honor Mary and Phillip for children between the ages of 4 and 18. And in many rural areas, these volunteer Kenter for all of the love, loyalty, and faith that The mission of the Gift of Time Foundation fire companies offer the only available fire pro- goes into creating a marriage that has en- is: ``To provide children with resources, oppor- tection. But there is nothing wanting in the dured and grown for 40 years. tunities and assistance that help them develop professionalism and training of these compa- Though Phillip is a native of Flushing, high self-esteem, self confidence, socially ac- nies. Every year they save countless lives and Queens, and Mary is from Norwalk, CT, their ceptable value systems, diverse cultural ap- millions of dollars in property across New York love first ignited on the warm sands of Jones preciation and family values by providing them State. These volunteer firemen and the de- Beach, Long Island, where they met in 1955. with structured environments for membership voted ladies auxiliaries that provide much- With a courtship that progressed while Phillip in mandatory participation in physical fitness, needed support make incredible sacrifices in attended the U.S. Navy's Officer Candidate academics, and community service programs. time and effort. Often, they must drop what- School, the two were married on September 7, To provide children with personal character ever they're doing and respond to a fire alarm. 1957, 1 month after he graduated OCS and a development assistance for self expression You never know how many lives, not to men- week before he shipped out aboard a Navy through structured positive activities alter- tion homes and property, may be at stake. Mr. destroyer for the next 21¤2 years. natives.'' Speaker, in many ways these volunteer fire Their first son, Phillip, was born a little more The Gift of Time Foundation is spearheaded companies are the last remnants of America's than 2 years later and Dennis was born about by Mr. E. Douglas McFarlin. His vision is to pioneer spirit when neighbor helped neighbor the time his father left the Navy in 1961. Two build a youth complex in St. Louis that will in times of need or trouble. years later, with a vision of providing TV to all provide children with the upper direction to Which brings me to the other primary rea- of Long Island, Phillip founded Long Island meet the challenges of our modern society. son I have such fondness for fire departments Cablevison, a company he sold to the Los An- Mr. McFarlin is working closely with business, like the one in Queensbury, the spirit of volun- geles Times Mirror Co. in 1968. By then, their community, and civic leaders to launch this tarism they exemplify. You know, voluntarism, son Kevin had arrived and the Kenters settled important project. He is hoping that the St. pride, and patriotism are the three principles in Riverhead. Louis complex will be the first of many across which make this country great. And there is Gifted with an entrepreneurial spirit, Phillip the country. just something so staunchly American about and Mary then founded Relay Communica- Mr. Speaker, organizations like the Gift of being a volunteer fire company. Giving of one- tions Center. A true family business, each of Time Foundation, can help a community in self with no expectation of gain or profit. the Kenter sons are active members of the building character and values in its children. That's what it's all about. telephone answering, two-way radio and pag- The efforts of Mr. McFarlin and his organiza- Mr. Speaker, I have always judged people ing services company. There are 45 other tion are to be commended for taking this chal- based on what they give back to their commu- members of the Relay Communications work lenge head on. I ask that you join me in rec- nities. By that measure, all the members of force and each of them are treated as mem- ognizing this fine organization and wishing Mr. the Queensbury Volunteer Fire Company and bers of the extended Kenter family, a feeling McFarlin the very best on his endeavors to the auxiliary are truly great Americans. On the that Phillip and Mary extend to the entire bring this program to the children of our Na- weekend of September 13 and 14, their 50th Riverhead community. tion. anniversary will be commemorated with an Raising a family and growing a small busi- f open house, parade, and firefighter's competi- ness would drain the time and energy of most, tion. But Mr. Speaker, I ask that you and all QUEENSBURY VOLUNTEER FIRE but Phillip and Mary have also been active members join me today in paying our own trib- COMPANY CELEBRATES 50 YEARS members of the Riverhead community as ute to Chief Richard Jones and the other Scout leaders, volunteers at Central Suffolk members of Queensbury Central Volunteer Hospital, in the Rosary Altar Society at St. HON. GERALD B.H. SOLOMON Fire Company, which for 50 years has served John's Roman Catholic Church, and the OF NEW YORK my hometown in the finest American tradition Riverhead Rotary, Women's and Garden IN THE HOUSE OF REPRESENTATIVES of helping one's fellowman. clubs. f All of this demonstrates the values, caring Thursday, September 4, 1997 and commitment that Phillip and Mary offer Mr. SOLOMON. Mr. Speaker, as I have BOMBING IN ISRAEL their community, attributes that have served mentioned many times on the floor of Con- their marriage well, while making Long Island gress before, I hold a special respect and ad- HON. ROBERT A. WEYGAND an even better place by their example. The miration for volunteer fire companies and fire- OF RHODE ISLAND foundation of the Riverhead community, in- fighters. Naturally, I reserve even deeper ad- IN THE HOUSE OF REPRESENTATIVES deed all of Long Island, has been strength- miration for the unit I served with myself for ened for the past 40 years by the hard work many years, my hometown fire department, Thursday, September 4, 1997 and devotion that Phillip and Mary Kenter Queensbury Central Volunteer Fire Company. Mr. WEYGAND. Mr. Speaker, I wanted to have dedicated to their marriage. We see the It just so happens that this very special fire use my 1 minute today for two purposes: The many blessings and gifts that have been be- company is celebrating its 50th anniversary first is to extend condolences to all Israelis stowed upon them, of which they so gener- this year. and their families who were involved in the ously share, and understand the true meaning Mr. Speaker, the whole community and bombing at the Ben-Yehuda marketplace this of family values. Mr. Speaker, I ask that this town government will turn out for the celebra- morning. entire Chamber join me in offering our praise tion, which is quite understandable. That's be- The second is to urge PLO Chairman Yasar and heartiest congratulations to them on this cause for 50 years, like her counterparts ev- Arafat to take immediate and decisive action September 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1655 against Hamas and prove to the Israeli people to be as important and as far reaching as her Private Reserve Cabernet Sauvignon, was and to the United States that he is truly a pro- husband's. widely considered the best made in America. Beaulieu was sold to Heublein Inc. in 1969, ponent of peace and an opponent of violence. f and despite his prickly relations with Just 2 weeks ago, I embarked on a trip to TRIBUTE TO LEGH KNOWLES Heublein executives in Connecticut—he Israel with a group of congressional col- called them bean counters—Mr. Knowles be- leagues. We mourned the loss of those killed came the winery’s vice president and general in the bombing at the marketplace on July 30, HON. GEORGE P. RADANOVICH manager that year. He was appointed presi- visited the West Bank and met with both OF CALIFORNIA dent in 1975 and chairman in 1982. In 1987, the Prime Minister Netanyahu and Chairman IN THE HOUSE OF REPRESENTATIVES Napa Valley Vintners Association named him one of the Valley’s 12 ‘‘living legends,’’ Arafat. Thursday, September 4, 1997 During our meeting, I asked Mr. Arafat if he a group that included Robert Mondavi, Peter supported the actions of groups like the Mr. RADANOVICH. Mr. Speaker, my col- Mondavi, Louis P. Martini and Hanns leagues, Mr. RIGGS, and I would like to give Kornell. Hamas. He insisted he did not. Two days ago, Mr. Knowles, a native of Bethel, Conn., Mr. Arafat participated in what he dubbed our condolences and respect on the passing took to the trumpet as a small boy and was ``unite'' meetings and was seen kissing the of Leh Knowles, who died on August 15 in hired at the age of 12 to play in a local jazz heads of Hamas operatives. Today that same Napa, CA. Once a trumpet player in the Glenn band. During the big-band era he played first group has allegedly claimed credit, yes credit, Miller Orchestra, Legh went on to become an with Red Norvo and Mildred Bailey, then for taking the lives of innocent people. accomplished and passionate representative with Glenn Miller and later with Charlie So far this morning, we have heard that this of the wine industry, and chairman of Califor- Spivak and his orchestra. He made 122 bombing has killed 6 innocent Israelis and in- nia's famous Beaulieu Vineyard in the Napa records with the Miller band, including ‘‘In Valley. Legh lived a wonderful and productive the Mood,’’ its signature recording. jured more than 165 others. Besides his wife, he leaves a daughter, Bar- On my last visit, I found Israel more conten- life, which will be admired for years to come. bara Pinches of New Rochelle, N.Y.; a broth- tious than it was on my previous tripÐ2 weeks He will be remembered and missed by his er, Robert; a sister, Bernice Scott, and two before the signing of the Oslo peace accord. friends and loved ones, and by his peers who grandchildren. As Members of Congress, we all play a role knew his passion for life and his fellow man. f in policy toward the PLO. In my opinion, Mr. Below is a tribute to Legh written by Frank Arafat, you must move yourself miles from the Prial of the New York Times on August 19, of- TRIBUTE TO RANSOM actions of groups like the Hamas and take fering a kind and appropriate gesture. EVERGLADES SCHOOL strong action against them, whether it is with [From the New York Times, Aug. 19, 1997] your armed services or in another way. Other- LEGH KNOWLES IS DEAD AT 78; TRUMPETER HON. ILEANA ROS-LEHTINEN wise, I can't understand why the United States HEADED WINERY OF FLORIDA should supply your organization with funds (By Frank J. Prial) IN THE HOUSE OF REPRESENTATIVES and support. Legh Knowles, a trumpet player in the Thursday, September 4, 1997 f Glenn Miller Orchestra who went on to be- come chairman of Beaulieu Vineyard, one of Ms. ROS-LEHTINEN. Mr. Speaker, I am RECOGNIZING THE LIFE OF BETTY California’s most famous wineries, and a pas- honored to recognize one of the five oldest in- SHABAZZ sionate spokesman for all California wines, stitutions in Dade County and in my congres- died on Friday at a convalescent residence sional district, Ransom Everglades School, as SPEECH OF near his home in Napa, Calif. He was 78. it dedicates its new Middle School Science HON. CAROLYN B. MALONEY The cause of death was cancer of the Center today, September 4. The Middle esophagus, said his wife, Margaret. School Science Center has been built in true OF NEW YORK Legh (pronounced lee) Knowles entered the IN THE HOUSE OF REPRESENTATIVES wine business as a complete neophyte: just Ransom Everglades form, with all volunteer and donated funds. Wednesday, September 3, 1997 out of the Air Force in 1948, he answered an advertisement from the California Wine Ad- Ransom Everglades School traces its found- Mrs. MALONEY of New York. Mr. Speaker, visory Board, a trade organization, for some- ing to 1893 when a young Harvard-educated I rise today in honor of Dr. Betty Shabazz, a one to promote California wines. lawyer, Paul Ransom, came to pioneer Miami woman of great courage and dignity, who died ‘‘I didn’t know anything about wine,’’ he from Buffalo, NY. Mr. Ransom built a small tu- tragically on June 23, 1997. We all will miss recalled in a 1986 interview, ‘‘but they want- toring camp he called Pine Knot Camp in Co- her presence. ed someone who could stand up before large conut Grove. He also contributed property in I attended Dr. Shabazz' funeral in New York crowds,’’ and, as a big-band trumpeter, ‘‘I’d New York's Adirondack Mountains, and start- done a lot of that.’’ City, remembering with others how much her Mr. Knowles played with a number of big ed a northern campus, making it the first mi- work has affected us all. Betty Shabazz was bands at various times before entering the gratory college-preparatory boarding school for a woman who faced down tragedy and rose service in 1942, but he always looked back on young men, with winter months spent at the above the sadness, emerging strong and pow- his days with Glenn Miller as the peak of his Coconut Grove campus and the remainder of erful. When she could have been bitter and musical career. the year spent at the Adirondack campus. angry, she chose instead a path to peace and ‘‘In 1939, we played 359 nights,’’ he once Duty to one's country and society, along with hope for the future. said. ‘‘I can’t remember what I did with the academic excellence, was always emphasized A pillar of strength for all women, she did other 6.’’ The nomadic life of a musician prepared by Mr. Ransom. In 1974, Ransom School not live her life in her husband's shadow. In- him well for the wine business. He moved 13 merged with another independent school in stead, she claimed her place in both the wom- times in his first 10 years in the business, as Coconut Grove, Everglades Schools For Girls, en's rights and civil rights movement. Left a spokesman or salesman, and then spent and was later renamed as Ransom Ever- widow after the assassination of her husband, much of the rest of his life on the road. glades School. Betty Shabazz triumphed over every hurdle From the California Wine Advisory Board, Today, the school continues as a nonprofit, placed in her way. She used her nursing de- Mr. Knowles went to the Taylor Wine Com- tax-exempt, independent, and co-educational gree to support herself and her six daughters. pany in New York. And from there, he joined college-preparatory day school for grades 6 the E. & J. Gallo Winery in California in 1958 through 12, with 870 students on both cam- She returned to school, and received her doc- for four years of what he later called the torate in education. She inspired thousands of toughest and best training he ever had. puses. Although it has only a small endow- young people, teaching them about the legacy ‘‘Gallo salesmen had a saying,’’ he re- ment, a significant number of its students are of Malcolm X. At the time of her death she called. ‘‘ ‘We don’t want most of the business; on scholarship based on financial need and served as the director of Institutional Advance- we want it all.’ ’’ merit admission. Ransom Everglades is also a ment and Public Relations at Medgar Evers In 1962, Mr. Knowles moved on to Beaulieu founding member of Summerbridge, a national College, of the City University of New York. Vineyard, in Rutherford, Calif., in the Napa program to educate students from lower socio- We have come a long way, from when no Valley. It was the golden age of Beaulieu, economic backgrounds at the Nation's best which was still owned by the family of political leader dared show his face at her Georges de Latour, the elegant Frenchman college-preparatory, independent schools. De- husband's funeral, to where thousands of us, who had founded it at the turn of the cen- spite its very limited financial resources, Ran- irrespective of politics, were united in grief for tury. When Mr. Knowles arrived, Andre som Everglades has achieved national stature, this wonderful woman. Dr. Betty Shabazz Tchelistcheff was making the wine, and the sending its well-prepared students to the finest made this journey possible. I expect her work winery’s principal label, Georges de Latour colleges in the country. E1656 CONGRESSIONAL RECORD — Extensions of Remarks September 4, 1997 I comment Mr. Eric Buermann, chairman of CONFERENCE REPORT ON H.R. 2014, CAMPBELL AMENDMENT TO H.R. the board of trustees, Mr. John Cotton, head- TAXPAYER RELIEF ACT OF 1997 2159 master of Ransom Everglades, and his hard- working team for their efforts and all those in- SPEECH OF dividuals from within and outside the Ransom SPEECH OF HON. DONALD M. PAYNE Everglades community for making the new HON. VINCE SNOWBARGER OF NEW JERSEY Middle School Science Center a reality that IN THE HOUSE OF REPRESENTATIVES present and future students will be able to OF KANSAS Wednesday, September 3, 1997 enjoy and learn from. IN THE HOUSE OF REPRESENTATIVES Mr. PAYNE. Mr. Chairman, I rise in support f Thursday, July 31, 1997 of the Campbell-Payne amendment. This amendment is very timely in that it FOREIGN OPERATIONS, EXPORT Mr. SNOWBARGER. Mr. Speaker, I proudly seems fashionable today to cut the Africa ac- FINANCING, AND RELATED PRO- support this landmark tax relief bill. Today, we counts by any amount necessary. Last year GRAMS APPROPRIATIONS ACT, give American families their first significant tax the African Development Fund received $40 1998 cut in 16 years. Families with children will re- millionÐwhich is low compared to the pre- ceive a $400 credit for each child in 1998 and vious years. SPEECH OF $500 per child beginning in 1999. Investors, Today, the President allocated $50 million HON. SCOTTY BAESLER most of whom are hard-working middle-class for the fund and it is now being cut by $25 mil- lion, which represents a 50 percent cut. The OF KENTUCKY citizens, will get a significant reduction in the fund is the largest source of capital for the 39 IN THE HOUSE OF REPRESENTATIVES capital gains tax. Millions of parents will be able to pass on the family business or farm to poorest African countries outside the World Wednesday, September 3, 1997 their children without worrying whether they Bank. It uses a grassroots approach and it is can pay the estate taxes. Expanded IRA's will The House in Committee of the Whole unique within the development community in House on the State of the Union had under make home ownership and education possible Africa. All of the fund's grants are made with consideration the bill (H.R. 2159) making ap- for more families than before. And all of this indigenous, nongovernmental organizations, in propriations for foreign operations, export fi- is done within the context of the Republican nancing, and related programs for the fiscal response to African-defined problems and pro- year ending September 30, 1998, and for other commitment to the first balanced budget in posals. purposes: three decades. It is also the largest co-financing partner for Along with most Americans, I wish this bill IDA in Africa and it reaches many levels of Af- Mr. BAESLER. Mr. Chairman, some of our rican society that other development banks do colleagues continue their efforts to limit or provided even more tax relief. In fact, I believe we should have cut tax rates across the not, including IDA. Let me just say that it costs eliminate development assistance to India as the fund a small amount to operate a country part of the foreign operations appropriations board. And I regret that the President insisted on continuing to tax Americans on income that office in Africa. In fact, the fund's whole coun- bill. I strongly oppose these efforts. try operation costs less than half of what a is solely the result of inflation. But with Presi- On August 15, India celebrated its 50th an- single expatriate costs a bilateral or multilat- dent Clinton in the White House, a more com- niversary of democratic self-rule. Last year, eral donor organization. India held the world's largest democratic elec- prehensive tax relief plan simply was not pos- As I stated earlier, the administration re- tions. With nearly 300 million people going to sible. quested $50 million for fiscal year 1998. $50 the polls, the election was called epic by the This is not a perfect bill, but it is a reason- million is a small amount of money consider- New York Times, and extraordinary by the able compromise between Republican efforts ing that we spent $2.2 billion on 20 B±2 Washington Times. Any attempt to unfairly to win tax relief for American families and bombers. For $1 billion it will ultimately cost stigmatize India by placing limits on the small President Clinton's insistence on more Gov- for additional B±2 bombers, we could: immu- amounts of development assistance that the ernment spending. We should consider how nize all children in developing countries, im- United States provides would have a devastat- munize children, support family planning, end ing impact on United States-India relations. far we have come in the 4 short years since President Clinton and the Democrats raised malnutrition, illiteracy and help emerging de- The relationship between the United States mocracies. The proliferation of weapons of taxes on every workingÐand nonworkingÐ and India continues to thrive and the United mass destruction and the use of ballistic American. The American people rejected the States is now India's largest overseas investor weapons is no longer a viable solution to and its biggest trading partner. During the past big-government Democrats in 1994 and 1996 solve our foreign policy problems. 6 years, India's ambitious economic reform and elected Republicans to Congress to re- Yet we can do the minimal amount for the program has allowed United States business strain the growth of Government and allow less developed countries of Africa. This year in India to grow dramatically. Exports from the families to keep more of what they earn. Re- the fund will lend 4 times more than USAid United States were up 40 percent in 1996, publicans heard that plea and today we are which takes the strain out of this organization. and between 1991 and 1996 United States in- delivering. It supports poverty reduction, agriculture sec- vestment in India was 29.5 percent of all in- Last week, when the President and many tor production, basic education, health and vestment. Members of Congress were considering bow- economic reform. And throughout this economic boom, India's ing to the President's attempt to renege on the As a member of the Subcommittee on Afri- human rights record has steadily improved. ca, let me just say that we should stop thrash- size of the tax relief we had pledged to the India abolished the Terrorist and Disruptive ing the African accounts. It is unfair and dis- American people, I wrote the members of the (Prevention) Act which was the subject of ob- criminates against the less fortunate. jection by several human rights activists. An conference committee, insisting they give us a In 1996, the fund increased its net income independent National Human Rights Commis- bill that would allow us to keep our word. I am to $150 million and that same year, the fund's sion has been established and is widely be- very pleased to say that since my letter was procurement resulted in $170 million in con- lieved to be aggressively pursuing human sent, the tax relief in this bill was restored to tracts for American business, a 100 percent rights. And the most recent United States its full amount. I thank the conferees for re- increase over last year's figures. As you know, State Department human rights report praised sponding to my concern. any reduction impacts heavily on the lives of the commission's independence and noted American families can keep more of their millions of vulnerable Africans every day. that India has made substantial progress in money because we kept our word. The tools of U.S. foreign assistance is need- the area of human rights. ed to maintain our leadership around the Any effort to limit or eliminate development Now we should turn our attention toward world. Every President, Democrat or Repub- assistance should be opposed. As India con- simplifying the Tax Code and reforming the lican, needs sufficient resources to carry out tinues to develop politically, economically, and IRS. I will introduce legislation after the August critical foreign policy objectives. These re- socially, I believe it is important that the United recess to provide for a flat tax at the option of sources are even more essential today in the States continue to send positive signals of each individual taxpayer and I expect to be in- post-cold-war era as threats to U.S. interests support and understanding to the world's larg- volved in congressional oversight of gross are more closely linked to political and eco- est democracy. abuses at the IRS. nomic stability and regional conflicts. September 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1657 We can see where it has helped there has and complete substance abuse treatment par- A TRIBUTE TO THOMAS been sweeping change in the Congo, Liberia, ity would increase per capita health insurance COLLELUORI, WINNER OF GENO- and Kenya. These and other cuts to the Afri- premiums by only one half of one percentÐ VESE DRUG STORES’S ‘‘FLIGHT can accounts have put our Nation's global without even considering the obvious savings OF ACES’’ CONTEST leadership role at risk. Today Japan, and the that will result from treatment. European countries provided more aid and And just like the mental health parity provi- HON. MICHAEL P. FORBES support than the United States has done in sion of last session, this legislation waives the OF NEW YORK the last 2 years combined. requirements if premiums increase by more IN THE HOUSE OF REPRESENTATIVES Restore the small amount of money to the than 1 percent. It also exempts small busi- Thursday, September 4, 1997 African Development Fund. It will ultimately save money and lives. We have a moral re- nesses with fewer than 50 employees. Mr. FORBES. Mr. Speaker, I rise today to sponsibility to do so. Mr. Speaker, removing barriers to treatment recognize Thomas Ward Colleluori, of This is right for America! is a huge step in the right direction. Parity for Centereach, Long Island, the winner of Geno- f substance abuse treatment is the right thing to vese Drug Stores' Flight of Aces'' essay con- do. It's also the cost-effective thing to do. I test. By focusing on the valor of the all-black PUTTING CHEMICAL DEPENDENCY urge my colleagues in the House to support Tuskegee Airmen fighter unit during World ON PAR WITH INSURANCE COV- this important legislation and look forward to War II, Thomas Colleluori has helped to pre- ERAGE FOR OTHER DISEASES working with all Members in both the House serve an important, but little known piece of and Senate in passing this bill. our American history. HON. JIM RAMSTAD Thomas' research for his essay revealed OF MINNESOTA f details of the role that the Tuskegee Airmen IN THE HOUSE OF REPRESENTATIVES had in saving the life of his grandfather, Mario Colleluori, and the other American crewmen Thursday, September 4, 1997 FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PRO- aboard a B±24 bomber that was under attack Mr. RAMSTAD. Mr. Speaker, I rise today to GRAMS APPROPRIATIONS ACT, by German fighters during World War II. introduce the Substance Abuse Treatment 1998 Those details so moved the 15-year-old stu- Parity Act, a bill to give alcoholics and drug dent that he has chosen to share his contest addicts more access to treatment by prohibit- award with one of the surviving members of ing health insurers from placing discriminatory SPEECH OF the segregated unit. caps, financial requirements, or other restric- On Friday, August 29, when Genovese hon- tions on treatment that are different from other HON. CIRO D. RODRIGUEZ ored the ``Flight of Aces'' contest winners by medical and surgical services. OF TEXAS flying them in a formation of historic World As a grateful recovering alcoholic, I've seen War II bombers from Republic Airfield on Long first hand the value of treatment for people IN THE HOUSE OF REPRESENTATIVES Island, there was more than just a history les- who are chemically dependent. As someone Wednesday, September 3, 1997 son delivered. Thomas Colleluori, a white who stays close to recovering people and Long Island teenager took the opportunity to treatment professionals in Minnesota, I've The House in Committee of the Whole say ``thank you'' to George Bing, a black been alarmed by the dwindling access to House on the State of the Union had under Brooklyn grandfather and surviving member of treatment for people who need help. That's consideration the bill (H.R. 2159) making ap- the Tuskegee Airmen fighter unit that saved why I believe it is time to put chemical de- propriations for foreign operations, export fi- his grandfather's life during World War II. pendency on par with insurance coverage for nancing, and related programs for the fiscal More than 50 years later, with his grand- other diseases. year ending September 30, 1998, and for other mother Mary Colleluori on hand, Thomas ex- Alcoholism and drug addiction are painful, purposes: pressed his gratitude to George Bing by invit- private struggles with staggering public costs. Mr. RODRIQUEZ. Mr. Chairman, I want ing him to sit in the position once occupied by In fact, the direct and indirect costs of alcohol- each one of us to ask ourselves: his grandfather, during the nostalgic flight ism alone in this country exceed $90 billion aboard one of the last remaining airworthy B± each year. Assuring access to treatment will Can we go back to our districts and justify 24's. not only combat this insidious diseaseÐit will to our sons and daughters that we have to cut The purpose of Genovese Drug Stores save health care dollars in the long run. Treat- school loans, while at the School of the Ameri- essay contest was to honor the courage and ment helps people stay healthier longer and cas, we have more than enough money to sacrifices of America's veterans and retired saves the health care system money. teach people like Manuel Noriega? defense workers, while encouraging today's The empirical evidence supports what I al- Can we go back to our districts and justify generation of students to discover the historic ready know as a recovering alcoholicÐprovid- over $200 million of hard-earned, taxpayer legacy created by their parents and grand- ing treatment is good preventive medicine. money spent on the School of the Americas, parents. Through his research, Thomas A Minnesota study to extensively evaluate while we tell our senior citizens they must Colleluori learned how the Tuskegee Airmen its treatment programs' effectiveness found tighten up their belts? fought prejudice as often as they did the Ger- that Minnesota saves $22 million in annual man Luftwaffe. But it was skill and courage in health care costs because of treatment. And what do we have to show for our battleÐnot the color of their skinÐthat A California study reported a 17 percent im- money? We have six dead Jesuit priests, four mattered when his grandfather's bomber came provement in health conditions after treat- raped nuns, nine students and their professor under German fighter attack. Though more mentÐand dramatic decreases in hospitaliza- murdered, death squads in El Salvador, death than 50 years later, that lesson remains with tions. squads in Honduras, murder of United States Thomas and lives on in the words of gratitude A Rutgers University study found that un- citizens in Guatemala, manuals on how to kid- expressed in his essay, and in his thanks to treated alcoholics incur general health care nap and torture. One can go on and on. Can George Bing and all Tuskegee Airmen. costs that are 100 percent higher. It also we go back to our places of worship and jus- Mr. Speaker, I ask my colleagues in the found that after treatment, days lost to illness, tify this? U.S. House of Representatives to join me in sickness claims, and hospitalization dropped Newspapers from our districts across this saluting Thomas Ward Colleluori for his pas- by half. country all tell us ``it is time to close this sionate efforts to preserve the heroic legacy of A report printed in the 1992 Journal of Men- school.'' The San Antonio Express News edi- the Tuskegee Airmen. May his and future gen- tal Health Administration sampled 63,873 hos- torial stated in April, 1995: erations of Americans learn from the invalu- pitalized alcoholics and found medical com- able lessons that Thomas discovered about plications are far more severe among those The [millions of dollars] a year the U.S. family, duty, and race. Army School of the Americas costs to oper- not treated for alcoholism. MY GRANDFATHER’S LEGACY OF DUTY This legislation will help eliminate barriers to ate would be better spent on aid for foreign students at U.S. colleges than at this breed- (By Thomas Ward Colleluori) treatmentÐwithout significantly increasing ing ground for human rights abusers. My name is Thomas Ward Colleluori. I am health care premiums. We have the empirical very proud to be the grandson of two WWII evidence to support this assertion: A Milliman If we do not stand up for this amendment veterans. My Grandpa Mario Colleluori was a and Robertson study released today found full ** * what do we stand for? Radioman/Waist Gunner on B–24 heavy E1658 CONGRESSIONAL RECORD — Extensions of Remarks September 4, 1997 bombers with the 15th Air Force and my After the War, both my grandfathers con- past several years, it is critical that we rely on Grandpa Frank Ward was an Infantryman tinued their service to their country. My exchange programs, such as the School of the with Patton’s 3rd Army. Grandpa Frank Grandpa Frank became a New York City Americas, to establish and maintain our mili- passed away in 1991 and Grandpa Mario Fireman and Grandpa Mario became a New passed away in February of this year. York City Motorcycle Policeman. Later tary and civilian relationships as neighbors As I got ready to write this essay, I Grandpa Mario became a School Board Mem- and friends with common interests. Like other thought about the many stories my grand- ber. exchange programs we have with Russia and fathers told me about the war. As a little I have learned a lot of lessons from the sto- the countries of the former Soviet Union, the boy, I always enjoyed these stories. Now, at ries my grandfathers have told me about School of the Americas promotes American the age of fifteen, I wanted to remember ev- WWII. I will never judge anyone by their foreign policy and regional stability in Latin erything they had told me. More impor- color or religion. We are all Americans and America. Moreover, the School of the Ameri- tantly, I want to apply the lessons they we must all help to keep our country great. cas provides more Spanish language instruc- taught to what I do in my own lifetime. Another lesson is that it is important to Both my grandpas volunteered for the war take responsibility seriously. If somebody is tion in how to conduct counterdrug activities at the age of 17. Grandpa Frank grew up in depending on you, you have to do your best. than any other institution available in Latin Brooklyn and volunteered for the Air Force I think the biggest lesson I have learned, America. but was sent to the Infantry because he was what can be called my Grandpas’ legacy, is Both foreign policy and military experts color blind. My Grandpa Mario grew up in that as an American I have a duty to my agree that the School of the Americas plays a Queens. He started out in the Infantry where country and my community and that when crucial role in supporting U.S. interests in the he became an instructor at the Officer Can- there are really big problems, doing that didate School but he wanted to see combat. region. As the former Commander in Chief of duty is more important than anything else. U.S. Southern Command, responsible for Latin He tried to transfer to the Rangers and Para- My grandfathers emphasized the impor- troopers but O.C.S. wouldn’t let him go. His tance of setting goals. This past year, their America, and in his current role as Director of persistence finally paid off. He went to the example inspired me to dedicate myself to the Office of National Drug Control Policy, Air Force when he found out that O.C.S. two major goals. Barry McCaffrey called the School of the could not block that transfer. My first goal is to attend the United America's the ``preeminent military educational My Grandpa Frank entered combat during States Naval Academy and to play Football the Battle of the Bulge. He was assigned to institution'' for promoting and protecting at Annapolis. The second goal is to become carry the Browning Automatic Rifle but was human rights and democratic governance as an officer with the United States Navy later given a regular rifle and a satchel well as fighting the illegal drug trade. Chair- S.E.A.L.s. charge when his unit went through the Many people have said that I will never be man of the Joint Chiefs of Staff John Ziegfried Line. Finally, towards the very end able to achieve these goals but I am con- Shalikashvili calls the School of the Americas of the war, when attacks were expected by vinced that by following my grandfathers’ a critical asset in supporting democracy and German tanks, my Grandpa was made part of example of perseverance, courage and re- combating narcotrafficking in Latin America. a Bazooka team. I remember my father jok- sponsibility I will be able to carry on their ing that his sergeant must not have liked I join the Chairman of the Joint Chiefs and legacy of service to my country. him very much because he kept giving my the President's drug control advisor in support- I am privileged to live in a country that grandpa the heaviest weapons and the most ing the School of the Americas. was made great by the sacrifices of countless dangerous jobs. Grandpa Frank said his ser- f Americans who, like my grandfathers and geant gave him those responsibilities be- cause he trusted him. that anonymous ‘‘Tuskegee Airman’’, chose FOREIGN OPERATIONS, EXPORT My Grandpa Mario began flying combat to do their duty. FINANCING, AND RELATED PRO- missions over Austria, Poland and Germany When I visited West Point two years ago I GRAMS APPROPRIATIONS ACT, learned that the motto of the cadets is in January of 1945. He flew 23 missions and 1998 had to crash land several times when his B– ‘‘Duty Honor, Country’’. That made me think of my grandpas and I felt proud! 24 was badly damaged by flack. His com- SPEECH OF manding officer was a future U.S. Senator f and vice-presidential Candidate named Lloyd HON. JIM KOLBE Bensten! FOREIGN OPERATIONS, EXPORT OF ARIZONA My grandfathers won a lot of medals and FINANCING, AND RELATED PRO- IN THE HOUSE OF REPRESENTATIVES ribbons. My Grandpa Frank even won the GRAMS APPROPRIATIONS ACT, Purple Heart, but neither one ever bragged 1998 Wednesday, September 3, 1997 or told stories about how brave they were. Sometimes they would even say how scared The House in Committee of the Whole they were and then they would usually make SPEECH OF House on the State of the Union had under a joke. consideration the bill (H.R. 2159) making ap- I think my favorite story concerned my HON. NEWT GINGRICH propriations for foreign operations, export fi- Grandpa Mario returning from a mission in a OF GEORGIA nancing, and related programs for the fiscal badly damaged plane. German fighters began IN THE HOUSE OF REPRESENTATIVES year ending September 30, 1998, and for other to attack his helpless B–24. My grandpa Wednesday, September 3, 1997 purposes: called into his radio, ‘‘Angels, Angels we need you!’’ The House in Committee of the Whole Mr. KOLBE. Mr. Chairman, I rise today in His call to American escort fighters was House on the State of the Union had under strong opposition to the Fox amendment, In a answered by a P–38 ‘‘Lightning’’ and a P–51 consideration the bill (H.R. 2159) making ap- misguided attempt to save the African ele- ‘‘Mustang’’. The two American fighters propriations for foreign operations, export fi- phant, the Fox amendment would cut funding chased off the Germans and the ‘‘Mustang’’ nancing, and related programs for the fiscal for the Communal Areas Management Pro- pilot escorted the limping bomber all the year ending September 30, 1998, and for other gram for Indigenous Resources [CAMPFIRE]. way home. purposes: My Grandpa was impressed by the courage Such a move would be disastrous. of those two American fighter pilots. He al- Mr. GINGRICH. Mr. Chairman, I want to I recently returned from a fact-finding mis- ways said that he admired the sense of duty urge my colleagues to support the U.S. Army's sion to Zimbabwe, where myself and several that they displayed in attacking a larger School of the Americas located at Fort of my colleagues witnessed the CAMPFIRE German force in defense of one B–24. I re- Benning, GA. For over 50 years the School of Program first hand. What we found was a pro- member him saying that he was amazed at the Americas has been a powerful force for gram based on sound economic, scientific, the way the P–51 pilot flew with his wing tip supporting and expanding democracy in Latin and environmental principles. We found a pro- ‘‘almost touching the waist gun’’ of the wounded bomber as he escorted the B–24 to a America. I believe that it is very useful for gram which works. safe landing. My Grandpa would end the Latin American military officers to come to the The CAMPFIRE Program uses free market story the same way every time. He’d tell how United States to learn how to soldier in a de- principles to promote the conservation of Afri- the Mustang flew so close that he could see mocracy, to understand why America has ca's valuable and irreplaceable natural re- the pilot’s black face and that it was an Afri- been strong and free, and to study an experi- sources. By providing economic incentives for can-American who saved him from being ence which is totally different than the Latin the conservation of wildlife, CAMPFIRE has shot down that day! American tradition of military dictatorship. instilled a sense of national ownership over In later years we learned that one of those brave fighter pilots was a ‘‘Tuskegee Air- Cuba, which does not participate in the School their natural resources into the people of man’’! If not for that individual American’s of the Americas, is the only remaining authori- Zimbabwe. Rather than viewing the African character and determination to overcome tarian or totalitarian regime in Latin America. elephant as a menace, the people of prejudice, my Grandfather might not have Since the U.S. military presence in Latin Zimbabwe we now see the elephant as a nat- survived the war. America has steadily been reduced during the ural treasure to be preserved. As a result, the September 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1659 illegal hunting of the African elephant in the areas of trade, diplomacy, and security WATER–RELATED TECHNICAL Zimbabwe has virtually stopped. from which we both have much to gain. CORRECTIONS ACT OF 1997 One only has to look at the number of ele- Mr. Speaker, I would also like to take this phants thriving in Zimbabwe today to know opportunity to recognize our debt of gratitude HON. JOHN T. DOOLITTLE that this program works. From 1980, the ele- to the Indo-Americans who have made such OF CALIFORNIA phant population in Zimbabwe has increased profound contributions to American society. IN THE HOUSE OF REPRESENTATIVES from 45,000 to 66,000. And it continues to Indo-Americans represent a growing political Thursday, September 4, 1997 grow at an estimated rate of 3,000 per year. force in southern California and across the Mr. DOOLITTLE. Mr. Speaker, today I am Contrast this with Kenya, where alternative United States. I applaud the community's ef- introducing the ``Water-Related Technical Cor- policies have resulted in a massive drop in the forts to embrace the mainstream of the Amer- rections Act of 1997.'' This bill is a non- elephant population, falling from 100,000 in ican political process, while keeping alive here controversial bill designed to correct and up- 1970 to 26,000 today. in the United States the culture of India. Amer- date certain provisions of law that affect the The CAMPFIRE Program also helps to bring ica has been enriched by the hard work, de- Bureau of Reclamation, an agency of the De- the poorest of the poor much-needed capital termination, educational achievement and cul- partment of the Interior. to develop their village resources. The money tural, contribution of the Indo-American com- Perhaps the most substantive policy issue earned through CAMPFIRE enables these vil- munity. lages to erect schools, dig clean-water wells, addressed in the bill is the section to amend and develop training programs. It is a model I am proud to join the Indo-American com- the Warren Act of 1911. The 1911 Act was for sustainable economic development and en- munity in celebrating 50 years of Indian inde- passed at a time when Bureau of Reclamation vironmental conservation. I urge my col- pendence and democratic self-rule and in facilities were all single-purpose projects for leagues to support this program. I urge my looking forward to the next half century and the delivery of irrigation water. Therefore, the colleagues to vote ``no'' on the Fox amend- beyond. Warren Act authorized moving water surplus ment. to the project's needs and nonproject water f f through Reclamation facilities only for irrigation purposes. TRIBUTE TO INDIA HONORING HEAR O’ ISRAEL OF Much has happened in the arid West since HOUSTON, TX 1911. In 1939, Congress enacted legislation to HON. BRAD SHERMAN authorize multi-purpose Bureau of Reclama- OF CALIFORNIA tion projects. Today, many Reclamation IN THE HOUSE OF REPRESENTATIVES HON. KEN BENTSEN projects in the West do serve many purposes, including delivery of irrigation and municipal Thursday, September 4, 1997 OF TEXAS water supplies, hydroelectric power genera- Mr. SHERMAN. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES tion, fish and wildlife purposes, recreation and pay tribute to the nation of India on the golden Thursday, September 4, 1997 flood control. The Warren Act needs to be up- anniversary of her independence. At the dated to enable surplus and nonproject water stroke of midnight on August 15, 1947, Prime Mr. BENTSON. Mr. Speaker, I rise to recog- to be moved through federal facilities for var- Minister Jawaharlal Nehru awoke India to life nize a valued organization within the Houston ious beneficial purposes. and freedom after a long and valiant struggle community, Hear O' Israel, which is sponsor- As water supplies in the West tighten, effi- against colonialism and oppression. Fifty years ing its annual National Mercy, Love, and Com- cient water management is needed. An up- hence India stands as a triumphant example passion Month awareness project this month dated Warren Act can help water managers to the world as the world's most populous de- in Houston. Hear O' Israel works to make a achieve that goal. In fact, legislation to enable mocracy of 950 million people. difference in the lives of the disabled, battered surplus and nonproject water to be moved Throughout this period of uninterrupted and abused women, the elderly, and young through Reclamation facilities has already democratic self-rule India has maintained a people across Houston. They work to give been enacted for certain Reclamation projects multi-party system, a free press and an inde- these men and women a stronger sense of in the West, including most projects in Califor- pendent judiciary that guarantees human self-worth and instill in them the need to treat nia and the Central Utah Project. There are rights and the rule of law. In 1996 half a billion others with compassion and respect. The fol- pending requests before the Subcommittee on Indians reaffirmed their commitment to demo- lowing resolution approved by the Houston city Water and Power to make this modification for cratic governance in the most participated free council demonstrates the high regard for Hear two additional projects. The time has come to elections in world history. O' Israel in our community. deal with this subject in a comprehensive To the people of India, to all those who manner, and not continue piece-meal efforts to compose the multi-ethnic, multi-linguistic and NATIONAL MERCY, LOVE, AND COMPASSION provide water users, including urban water dis- multireligious tapestry that is India, and to all MONTH tricts, with the tools they need for effective the Indo-Americans gathered in my home Hear O’ Israel International, Inc., a non- water management. State of California and across America to profit, non-denominational organization, I hope my colleagues will join me in sup- commemorate this great anniversary I extend will sponsor its annual National Mercy, porting this provision, and the other provisions to you my congratulations. Love, and Compassion Month awareness to clarify provisions of Reclamation law. project during the month of September 1997. We here in the United States share a spe- f cial kinship with India. We too gained our The project is designed to enhance awareness of the plight of the physically challenged, PERSONAL EXPLANATION independence from British colonialism. Our the elderly, fatherless and/or abused chil- Presidents Woodrow Wilson and Franklin D. dren, and widows. Culminating with Hear O’ Roosevelt championed Indian independence. Israel International’s annual Feast of Joy HON. DEBORAH PRYCE We have also learned much from India; in our Festival on October 4, 1997, the project will OF OHIO own struggle for civil rights, Martin Luther King encourage individuals and organizations to IN THE HOUSE OF REPRESENTATIVES demonstrate mercy and compassion, and Jr. was inspired by and used the teachings of Thursday, September 4, 1997 Mahatma Gandhi as a model of civil disobe- work to fulfill the special requirements of dience and nonviolent resistance. those in need. Ms. PRYCE of Ohio. Mr. Speaker, due to a Today as the two greatest democracies in The Mayor and the City Council of the very important family commitment, on Thurs- the world, India and the United States are City of Houston do hereby salute Hear O’ Is- day, September 4, 1997, I sought, and was bound by common democratic values and rael International for its efforts to improve granted, an official leave of absence from the and enhance the quality of life for the phys- majority leader. Because of my absence, I have a strong interest in continuing to build ically challenged, the elderly, fatherless and/ mutually beneficial relations. As a member of was unable to cast recorded votes on the or abused children, and widows, and extend below-indicated amendments and/or bills. the International Relations Committee of the best wishes for a successful and rewarding United States House of Representatives, I will National Mercy, Love, and Compassion However, if I were present, I would have voted continue my strong advocacy of humanitarian Month. in the following manner: and development assistance to India. I look Approved by the Mayor and City Council of H.R. 2159, FISCAL YEAR 1998 FOREIGN OPERATIONS forward to working toward the goal of improv- the City of Houston this 7th day of August, APPROPRIATIONS ing cooperation between our two countries in 1997, A.D. 1. Burton Amendment (No. 38): Nay. E1660 CONGRESSIONAL RECORD — Extensions of Remarks September 4, 1997 2. Campbell Amendment (No. 76): Nay. ended, and worst of all her prosthetic arms government. By awarding programs such as 3. Paul Amendment (No. 32): Nay. were worn and useless. Karin Ball read about the Milestone Payment System Program, other 4. Fox Amendment (No. 41): Nay. Mary while she was in the hospital recovering jurisdictions across the United States will learn 5. Torres Amendment (No. 17): Nay. 6. Stearns Amendment (No. 3): Yea. from elbow surgery. Knowing how difficult it of the success of this effective program. 7. Gilman/Pelosi substitute to Smith was to perform simple tasks with a broken On October 7, each of the 25 finalists will Amendment (No. 15): Yea. elbow, Karin decided that she had to do make a presentation to the National Commit- 8. Smith Amendment (No. 15): Nay. something to help Mary; she would get Mary tee on Innovations. Ten winners will be se- 9. H.R. 2159 Final Passage: Yea. new arms. lected. Regardless of whether or not Milestone f Karin began calling hospitals, doctors, and Payment System Program is in the final 10, in prosthetic companies. Finally after countless my eyes the program is clearly a winner. MINGO JOBS CORPS CENTER hours of phone calls, she got in touch with f NovaCare who in conjunction with the non- FOREIGN OPERATIONS, EXPORT HON. JO ANN EMERSON profit organization, Limbs for Life, said they FINANCING, AND RELATED PRO- OF MISSOURI would donate state-of-the-art, custom-made GRAMS APPROPRIATIONS ACT, IN THE HOUSE OF REPRESENTATIVES prosthetic arms for Mary. 1998 Karin's act of kindness shows that one per- Thursday, September 4, 1997 son can make a difference in another's life. SPEECH OF Mrs. EMERSON. Mr. Speaker, I rise today Today, because of Karin's good deed, Mary's to proudly recognize the Mingo Job Corps Ci- life is back on track. She is now able to run HON. SANFORD D. BISHOP, JR. vilian Conservation Center in Puxico, MO. simple errands like going to the grocery store OF GEORGIA The Mingo Job Corps Center was estab- and taking care of her children. It is because IN THE HOUSE OF REPRESENTATIVES lished in 1965 as a vocational/educational of people like Karin, who take the time and ef- Wednesday, September 3, 1997 training center for disadvantaged youth. Since fort to help others, that make this world a bet- The House in Committee of the Whole that time it has served hundreds of at-risk ter place to live in. House on the State of the Union had under youth and its surrounding communities. The Ch'en a great Chinese leader once said consideration the bill (H.R. 2159) making ap- students complete their secondary educations ``Man's happiness in life is the result of man's propriations for foreign operations, export fi- and learn employable skills while working on own effort.'' I believe that Karin's act of kind- nancing, and related programs for the fiscal needed community projects. At the Mingo ness has brought to Mary, great happiness. In year ending September 30, 1998, and for other Center, student volunteer services proved to the spirit of Ch'en, Mr. Speaker, I ask you and purposes: be key components to such important projects my distinguished colleagues to join me and Mr. BISHOP. Mr. Chairman, I rise today in as excavation work at the Three Rivers Com- the citizens of Malibu in honoring Karin Ball. strong opposition to efforts to prohibit funding munity College in Poplar Bluff, MO, the ele- Her dedication to helping others is an inspira- for the School of Americas. For those col- vation of flood-prone Highway D in Wayne tion for all Americans. leagues of mine who may still have concerns County, MO, and the restoration of several f about the School of Americas, I draw your at- untended cemeteries throughout the region. tention to the language in the fiscal year 1998 While the students are obtaining an edu- MILESTONE PAYMENT SYSTEM appropriations bill. I believe it adequately and cation and helping local communities, they are PROGRAM responsibly deals with any remaining ques- also learning vocational trades that earn them tions or concerns about the school. Specifi- jobs. Those factors are very significant and HON. J.C. WATTS, JR. cally, it prohibits the use of international mili- the Mingo Job Corps Center has an excellent OF OKLAHOMA tary education training funds for the school and an improving record of graduating stu- IN THE HOUSE OF REPRESENTATIVES until: first, the Secretary of Defense certifies dents with GED's and placement in jobs. It is Thursday, September 4, 1997 that training provided by the School of Ameri- as rewarding for me as it was for my late hus- cas is fully consistent with U.S. training and band, Bill Emerson, to observe the progress of Mr. WATTS of Oklahoma. Mr. Speaker, I doctrine, second, the Secretary of State has the corpsmen as they enter and eventually rise to congratulate the State of Oklahoma De- issued specific guidelines governing selection complete the program and become hard-work- partment of Rehabilitation Services' Milestone and screening of candidates for the school, ing contributors to their communities. The ulti- Payment System Program. This innovative and third, the Secretary of Defense has sub- mate prize, however, belongs to the dedicated program is currently one of the 25 finalists in mitted a report on the training activities of the young corpsmen who endeavor to build their the Ford Foundation's 1997 Innovations in school. For the past 41¤2 years, I have had the own future through the personal commitment American Government Awards competition. honor of representing the area of southwest they each make toward completing the Job Over 1,540 applications were received from Georgia where Fort Benning and the School of Corps experience. Federal, State, and local government organi- the Americas are located. I am proud of the In closing, I also would like to express my zations. Innovations awards recognize innova- school. I believe all Americans should be. It is appreciation to the staff at the Mingo Job tive and creative approaches to pressing so- a program that has provided professional Corps Civilian Conservation Center for their cial and economic concerns. training to thousands of military and civilian dedicated work and to the past and present The Milestone Payment System Program police personnel from throughout Latin Amer- corpsmen for their decision to work for a bet- deserves praise for being selected as a final- icaÐtraining that includes extensive indoc- ter life for themselves, their families, and their ist. The program has demonstrated successful trination in the principles of human rights and community. efforts to implement creative approaches to representative democracy. f government. By contracting with vendor agen- The school's contribution to the trans- cies to provide vocational preparation and job formation of Latin America from totalitarianism TRIBUTE TO KARIN BALL placement for disadvantaged citizens, the pro- to democracy has been tremendous. Today, gram focuses on specific goal-oriented results. only Cuba remains a totalitarian stronghold. HON. BRAD SHERMAN In order for the nonprofit agency placing the Representative government has begun to take OF CALIFORNIA individual to receive payment, the individual root in every other country in the region. As IN THE HOUSE OF REPRESENTATIVES must achieve an established set of milestones. the record shows, many of the school's 60,000 I applaud the efforts of this innovative and Thursday, September 4, 1997 graduates have played leading roles in this successful program. The Milestone Payment transformation. Mr. SHERMAN. Mr. Speaker, I rise today to System Program is a unique government em- If you have an opportunity to talk to these pay tribute to Karin Ball, as an outstanding ployment service, successful in aiding individ- graduates, many will tell you that the values member of our community, whose empathy uals with disabilities to make the transition into they studied and discussed during their stay at and desire to help others serves as an exam- full-time employment. Properly aiding the dis- the school influenced their political thinking ple for all to follow. advantaged is a pressing social concern, and and motivated them in their country's fight for The reason for honoring Karin Ball today, I certainly hope this program will serve as a democracy. began 20 years ago when Mary Vincent was model for other jurisdictions. In spite of this record, the school is once raped and her arms severed where she need- On this note, I want to express my gratitude again under attack. ed prosthetic arms. Many years passed and to the Ford Foundation for their continued ef- Without one shred of real evidence, the Mary's public assistance ran out, her marriage forts in recognizing innovative approaches to people who are involved in these misguided September 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1661 attacks falsely accuse the school of promoting lationships with our neighbors, and combating Ambassador Joseph's speech entitled ``South totalitarianism and torture. If you get beyond narcotics trafficking. The school's critics never Africa at Year Three'' is an outstanding as- the rhetoric, which can be as deceptive as it consider the cost of the crimes and human sessment of the impact of the democratic gov- is emotional, you will find their case is factu- rights violations that were NOT committed be- ernment since the first all race elections was ally based on just two things: one, the few cause of the school's influence. The critics held April 27, 1994. Ambassador Joseph graduates who have been involved in human never count the benefits of the drug labs taken states ``there is still much hope and high ex- rights abuses and two, certain military intel- down, the terrorism prevented, the mines re- pectations in South Africa as it begins its ligence training manuals which were once moved by trained professionals, the peace- fourth year of the new democracy.'' I am used at the school in classes attended by keeping operations. The school teaches all of pleased to share Ambassador Joseph's wis- some of the students, although not allÐwhich these things, and its graduates carry out these dom with my colleagues. the school got rid of 6 years ago. missions day-in and day-out. SOUTH AFRICA AT YEAR THREE It's true some of the school's trainees have Just listen to what the officials and agencies (By James A. Joseph) turned out not to be nice people. Some, in responsible for developing and implementing fact, have been linked to sickening atrocities. The best way to assess the impact of three our foreign policy have to say about the years of democratic government in South Af- But this, alone, is not evidence of wrongdoing school. rica is to look at how the new government at the school. As a matter of fact, most of the Our incumbent drug czar, who served as a defined its immediate and most urgent goals graduates have been among the good guys in former Commander in Chief of the U.S. South- in 1994. The priorities of the new leaders the region's shift to democracy. Graduates ern Command, has said: ``As Commander in were described as: (1) establishing a legiti- have instituted human rights reforms in their Chief, my responsibilities included furthering mate government that would be both demo- militaries, prevented military coups against the development of professional Latin Amer- cratic and an effective instrument for change; (2) nation-building and reconcili- freely elected civilian governments, and have ican armed forces that promoted and pro- made their soldiers more professional servants ation; and (3) reconstruction and develop- tected human rights and that were supportive ment. of democratic governments. of democratic governance. The School of This whole argument gets a little ridiculous. ESTABLISHING A LEGITIMATE GOVERNMENT Americas was, and continues to be, the De- The greatest challenge facing the ANC We know of other Latin American human partment of Defense's preeminent educational rights abusers who attended colleges and uni- when it assumed power was that of establish- institution for accomplishing these goals.'' The ing a legitimate, effective and credible gov- versities in the United States. One is the noto- State Department has stated: ``The School of ernment. Apart from the normal difficulties rious Hector Gramajo of Guatemala, who did Americas today is an important instrument for facing a political movement that had never not attend the School of the Americas but did advancing our goals for the hemisphere. The been in government before, the ANC was graduate from Harvard. Personally, I think it school's curriculum has changed to reflect the faced with the altogether more daunting would be absurd to brand Harvard as a school task of transforming the entire nature of end of the Cold War and our commitment to of assassins. governance in South Africa. Having inher- The military intelligence manuals containing democracy, human rights, and development in ited a state machinery designed to meet the inappropriate material never should have Latin America.'' The Acting Commander in needs of a small racially defined minority, slipped by the school's screening process. Chief of U.S. Southern Command, Rear Admi- the ANC has had to mold the institutions of There were prepared by the Pentagon years ral Doran, has said: ``The School of Americas government—under severe resource and time continues to be a priority in the CINC's re- constraints—to serve not only the interest of ago for use by military allies, and were adopt- the majority but the whole country. ed at the school as part of the material used gional strategy and it supports the President's National Security Strategy. By training Latin How successful has the ANC been in estab- in one course. For the most part, the manuals lishing a legitimate and effective govern- were non-controversial and worthwhile. But American military, police, and civilians, we re- ment? The legitimacy of the government is they did contain some material that violated main actively engaged in the area thereby en- accepted by all parties, but effectiveness is U.S. policy, such as the use of psychological hancing American security.'' And Chairman of too often in the eye of the beholder. The fact stress when conducting interrogations. In a re- the Joint Chiefs of Staff, John Shalikashvili, is, however, that there are now representa- view, the Army recognized this material was has commented: ``SOA remains a critical asset tive governments at all levels; national, pro- not acceptable and eliminated the manuals 6 in combatting narcotrafficking in Latin Amer- vincial and local. There is a new constitution ica.'' which protects human rights, guarantees years ago. equal opportunity and provides for open and I do not defend the manuals, and neither This is an issue that touches me personally. I regularly visit the school. I know the men fair elections. At the same time, there is no does the Defense Department. They were a more detention without trial, house arrests, mistake. But it was a mistake that was cor- and women who serve there. These are highly bannings, bombings and political violence rected years ago, and it has nothing to do with trained, dedicated professionals who believe have subsided. The press is free, the far right the current administration of the school. deeply in their country and in the country's has almost disappeared and many former In his own report on the school, Represent- mission to promote human rights and demo- ideologues have turned out to be very prag- ative KENNEDY says: ``We do not question the cratic principles everywhere. It is wrong to ac- matic. good values and the commitment of the U.S. cuse them of violating their trust and working South Africa is a country that works. against the interests of democracy when all of Away from national media coverage, streets personnel at the school today.'' According to are being tarred, refuse collection being im- his report, the reason for attacking the existing the evidence reaffirms that this is not true. proved, schools being renovated and health school is to make a fresh start. But that start I strongly urge all of my colleagues to visit clinics being built and upgraded. In April, has already been made. The school and its the school, learn more about the job it is government officials gathered in a rural vil- curriculum have undergone intense scrutiny doing, and not to rush to judgement on the lage in the Northern Province to celebrate over the past few years, and instruction on basis of false and unfounded accusations the millionth person to receive water under human rights and democratic principles has made by people who may have good inten- the government’s program of bringing water been exhaustively reviewed, sharpened, and tions, but who have little regard for the facts. to the people. More than a million homes expanded. Mr. Chairman, I urge our colleagues to sup- have been supplied with electricity since the The School of the Americas has been inves- port the truth. new government came into power. Two hun- dred thousand new homes are presently tigated and studied by the DOD Inspector Support the School of the Americas. under construction and millions of children General's Office, by the General Accounting f now benefit from the school nutrition pro- Office, and by an outside private consulting gram, free medical care and free and compul- firm. Every course except for the computer ‘‘SOUTH AFRICA AT YEAR THREE’’ sory education. Many communities can now course has mandatory human rights instruc- feel secure on a piece of land they call their tion. Every instructor is certified to teach HON. JULIA CARSON own, with over 250 land distribution projects human rights. The school has a permanent OF INDIANA underway affecting over 57,000 households and 1.7 million hectares. Many families now human rights council and a Board of Visitors IN THE HOUSE OF REPRESENTATIVES on which strong human rights' advocates benefit from the farmer support program and Thursday, September 4, 1997 extension of agriculture credit. The national serve. All say the school is effectively promot- government, the Parliament and the Courts ing U.S. policy on human rights and democ- Ms. CARSON. Mr. Speaker, I rise today to are functioning well. Provincial and local racy, and in no way is violating it. share with my colleagues a speech given by governments have been much slower in tak- This is certainly a cost-effective program. James A. Joseph, United States Ambassador ing hold in some places than others, but For less than $4 million a year, the school to South Africa, at the Meridan House Inter- many are starting to become delivery sys- is promoting democracy, building stronger re- national, Washington, DC, on May 20, 1997. tems for needed services. It is important to E1662 CONGRESSIONAL RECORD — Extensions of Remarks September 4, 1997 remember that the local government elec- not been matched by economic share to 67%. The clear trend has been to- tions completed last year established a le- empowerment. Unemployment, now esti- ward ownership by smaller, more tightly fo- gitimate but interim foundation for local mated at between thirty-four and forty per- cused companies. There is a paradigm shift government. The final structure of the local cent, continues to be one of the new govern- in ownership and distribution taking place government system will come out of a review ment’s most difficult challenges. One hun- that goes far beyond the emerging black process that will lead to legislation by the dred seventy five companies are reported to elite. There is a new crop of blacks who de- end of 1997. have invested in South Africa last year, but scribe themselves as the patriotic bourgeoi- With the presentation of the 1997 budget to very little of this was job-creating invest- sie. They contend that they have the inter- Parliament earlier this year, the national ment. In my view, the South African econ- ests of the country at heart and are not mo- government reached a new level of credibil- omy is in a period of consolidation prior to tivated exclusively by self-interest. ity. Even the most ardent critic of the ANC heading for increasing growth. The pundits One of these is Cyril Ramaphosa who, after government admitted that the new budget estimate two- to four-percent growth in 1997 successfully chairing the efforts to develop a was sound and the performance of the Fi- with the primary goal of the government’s new constitution, decided to devote his con- nance Minister and his team impressive. plan for Growth, Employment and Redis- siderable leadership skills to black This was a crowning moment in the mar- tribution (GEAR) of six per cent growth by empowerment. As Chairman of Johnnic, he riage of legitimacy with credibility. the year 2000. This clearly defines the chal- and Finance Minister Trevor Manuel re- WORKING THROUGH POLITICAL PARTIES lenge. But I side with the optimists when I cently announced one of the most creative One can not speak of governance without look at the performance of the Mandela gov- initiatives to ensure wide participation in at least saying a word about the role of po- ernment since coming into office. After a economic empowerment. It seeks to make litical parties. Until two weeks ago, the decade in which falls in GDP were more fre- available nine million Johnnic shares to in- strategy of the National Party seemed to be quent than rises, the Mandela era has dividual black investors and smaller groups both a strategy of ‘‘deepening’’ and ‘‘broad- brought both economic growth and single- not wealthy enough to participate in the ening’’ its support base. As explained to me digit inflation. The economy grew by 1.3% in original deal. The new installment scheme by Roelf Meyer two weeks before he got the 1993, 2.7% in 1994, 3.3% in 1995 and 3.1% in involves a downpayment of six rands a share, ax, the former, the growth and development 1996. followed by another sixty rands in three path, sought to consolidate the NP’s tradi- The pessimists will point to a rand which years time, by which time, if something near tional white and colored constituencies. The has slipped to 4.44 to the dollar, prime inter- present growth and value continue, the latter, the ‘‘realignment path,’’ was designed est rates nudging over 20 percent, low re- shares should be worth considerably more. to reach out to groups and individuals across serves at 12.5 billion rand, a low savings rate This may set a precedent for some of the the political/color spectrum who may be and public debt at 56 percent of GDP. And privatizations that lie ahead. looking for something new in 1999, with a even the government admits that achieving One way of analyzing success in black view toward forming an alliance capable of the GEAR goal of 400,000 new jobs annually empowerment is to look at the challenging the ANC. After considerable ex- will be difficult, but, for 1997 at least, the Johnannesburg Stock Exchange where black ploration by Meyer and a realistic report to sale of 30 percent of the parastatal Telekom control of the JSE’s market capitalization the party of the image difficulty of a politi- to the SBC/Malaysian consortium is expected increased to almost 9% at the end of last cal party still strongly associated with to provide 50,000 new jobs alone. It is useful month from less than 1% in 1994. Another apartheid in the public mind, the voices of to remind the pessimists, therefore, that all way of determining success is to look at the Roelf Meyer and his expansion-minded col- of these are the problems the GEAR is meant fact that there are now seventeen black con- leagues were silenced. Just before leaving to address and South Africa has in three trolled companies with a market capitaliza- Cape Town last week, I spoke to one of the years already come a long way toward over- tion of more than twenty-seven billion members of the task force who told me that coming the legacy of apartheid of a closed, rands. the National Party is now in disarray with protected, stagnant, inefficient economy. RECONCILIATION, REPARATIONS AND its future uncertain. What about the much repeated goal of REHABILITATION The ANC is also undergoing trans- black empowerment, a concept that means Under the leadership of President Nelson formation, but the changes are of a different different things to different people? Black Mandela and Archbishop Tutu, South Africa type. The 1994 deployment of its members empowerment is a major factor in govern- has taken reconciliation among former ad- into three spheres of government, the public ment privatization strategics. The white versaries to a new level. Pundits debate service, the security forces and the diplo- apartheid government, for all its anti-social- whether the spirit of reconciliation in South matic corps, left many ANC branches in a de- ist rhetoric, created a surprisingly socialist Africa has its genesis in a form of African pleted state. However, its structures are be- state. A startling 50 percent of South African humanism known as ubuntu or whether, as ginning to demonstrate vitality, and in some assets were in state hands when the Mandela some contend, it is simply a political strat- instances independence, again. New branches government took office. The apartheid state egy necessary for the progress of the new de- are being launched and internal conflicts owned almost all of the electric company, mocracy. But what is not debatable is that which seemed at one time to be tearing the the telephone company, the national airline, after a slow and uncertain start, the formal party apart are being more strategically the arms industry, the railroads, busses, process represented by the Truth and Rec- managed and some of the wounds healing. ports, hospitals and television stations. It onciliation Commission has flushed out more After being overwhelmingly re-elected head drilled for gas, logged forests, mined some of the truth than seemed likely just a few of the ANC’s Women’s League, Winnie diamonds, grew mangoes and even ran water months ago. Mandela announced to cheering supporters fun parks. The new leaders have made a com- The Truth and Reconciliation Commission that she was ANC for life. Bantu Holomisa, mitment to privatization. They see it as a has received more than 8,000 applications for who was expelled from the ANC for bringing way of encouraging efficiency, lowering amnesty. The National Party has taken the the party into disrepute, is another case, but prices and attracting more foreign investors; position that terrorist forces threatened while he is testing the waters for a new but they want first to gain sufficient control South Africa, that officials carried out law- movement even he admits that the ANC is to ensure that privatization contributes to ful orders, and only renegade members, act- likely to be the dominant party for awhile. I the empowerment of the majority rather ing independently, committed abuses. While believe, however, that one of the coming than simply increasing wealth concentration NP top leadership accepts moral responsibil- threats to party cohesion is the growing im- in the hands of the white minority. If done ity for apartheid, their position is that they portance of provincial issues and interests. right, it is estimated that privatization did nothing wrong. The ANC, on the other We will see more issue-based, ad hoc alli- could raise as much as 30 billion dollars for hand, has submitted a 139-page document to ances as we are already seeing in Gauteng. public purposes. the Commission detailing the many individ- The IFP has undergone some face-lifting Another strategy for black empowerment ual acts for which its members are seeking with a new Premier, who was a widely re- is skills development. The Minister of La- amnesty. spected Minister in the national government, bor’s Green Paper on skills development pro- The Promotion of National Unity and Rec- and new faces emerging in other areas of poses a two percent payroll level to fund new onciliation Act, which led to the creation of leadership. But the IFP is still Buthelezi’s training programs for workers. The recent the Truth and Reconciliation Commission, party and his emphasis on traditional lead- World Productivity Report ranked South Af- also requires the Commission to make rec- ers and traditional culture still defines the rica 44th of 45 developing countries in terms ommendations to the president on the rep- parameters of party appeal. Great gains have of human resource development. This is one aration and rehabilitation of victims. Much been made in collaborating with the ANC to of the legacies of apartheid that will take of the Commission’s work has focused on am- reduce political violence and there is now some time to unravel. nesty applications, leaving them very little talk of collaborating in other areas as well, Black empowerment has been greatly time to give attention to the reparations and particularly in meeting the needs of the aided by decisions of the largest South Afri- rehabilitation mandate. The victims who poor. The Democratic Party and the PAC can companies to unbundle. Anglo American have testified before the Commission have seems destined to attract far more media at- which controlled sixty percent of the Johan- generally asked for very limited reparation, tention than followers. nesburg Stock Exchange (JSE) ten years ago medical treatment, a tombstone, the restitu- ECONOMIC EMPOWERMENT OF THE MAJORITY has reduced its share to 24%. The top five tion of land, etc. But there is a widespread What we have seen in South Africa in the conglomerates that together controlled 85% recognition that white society benefited di- political empowerment of the majority has of the JSE ten years ago have reduced their rectly from the apartheid system that for September 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1663 over forty years used exploitative and brutal cates that it is succeeding in some areas. On October 28, 1997, the club will celebrate means to limit black opportunity in order to Crime was down in nine categories in 1996, its 80th anniversary. On this night, members extend white privilege. The extent of the but every high profile bank robbery, rape or will be joined by State officers of the Massa- brutality and violence revealed by the TRC murder reminds leaders that more must be chusetts Federation of Business and Profes- has far exceeded what even the most ardent done. critic of apartheid had considered possible. The bottom line is that there is still much sional Women, elected officials, and leaders of It now appears that wealthy South Afri- hope and high expectations in South Africa other women's organizations to highlight past cans may be asked to pay a once-only tax to as it begins its fourth year of the new democ- accomplishments and the evolution of club ac- help fund reparations for victims of gross racy. As a black leader in a small commu- tivities. As an organization with a storied his- human rights violations. The ANC advised nity that seems to have every reason for de- tory, it is my hope that the club will use its the Truth and Reconciliation Commission on spair put it, ‘‘We are doing very well. You past triumphs as a springboard for future suc- May 13 that those who prospered under the can actually see things like houses. Look at cesses. I ask my colleagues to join me in sa- apartheid system should finance meaningful the electricity. Look at the clinics now. We luting the Springfield Business and Profes- reparations for the victims of gross viola- must admit all races. So there are actually tions of human rights on both sides of the tangible, measurable changes.’’ The majority sional Women's Club on this milestone. apartheid conflict. According to the ANC population in South Africa continues to star- f statement to the TRC, ‘‘it would be useful if tle many by the genuineness of its approach TRIBUTE TO DORIS AND KEN the commissioners could apply their minds to reconciliation and the vast reservoir of to considering the necessity and viability of hope and goodwill that remains. RUFENER ensuring that the Doctrine of Odious Debt is f given recognition in mobilizing some of the HON. BRAD SHERMAN resources that would help make the repara- SPRINGFIELD BUSINESS AND PRO- OF CALIFORNIA tions more feasible.’’ The Doctrine of Odious FESSIONAL WOMEN’S CLUB IN THE HOUSE OF REPRESENTATIVES Debt was used by the ANC government as a CELEBRATES 80 YEARS rationale for forgiving South Africa’s debt to Thursday, September 4, 1997 Namibia. Fundamental to the concept are Mr. SHERMAN. Mr. Speaker, I rise today to the old principles in Roman and Roman- HON. RICHARD E. NEAL honor Doris and Ken Rufener for 29 years of Dutch law that the wrongdoer should not OF MASSACHUSETTS outstanding community service and congratu- benefit from the wrongdoing. IN THE HOUSE OF REPRESENTATIVES late them as recipients of the Conejo/Las QUALITY OF LIFE Thursday, September 4, 1997 Virgenes Future Foundation Civitas Award. Some whites in South Africa see the qual- Their dedication to serving all of the citizens in ity of life as deteriorating. The privileges Mr. NEAL. Mr. Speaker, I rise today to rec- our community is remarkable. they enjoyed by being the exclusive bene- ognize a leading civic organization in Massa- The Civitas Award is extremely prestigious ficiaries of apartheid are being threatened chusetts' Second Congressional District, the because it is not given routinely or annually, and in some areas curtailed. The black ma- Springfield Business and Professional Wom- but only when one has fulfilled specific criteria. jority who were kept outside the mainstream en's Club. October 28, 1997, will mark the economy by design are demanding a fair The recipient must have exemplified true, un- share of the economic pie. A recent report on 80th anniversary of the club's founding. The selfish, and outstanding citizenship, dem- focus group discussions conducted in South club has a long history of contributing to onstrated the ability to motivate and inspire Africa found the mood of community leaders Springfield through its civic participation, its others, and made a singular and lasting im- across race and party lines to be one of am- sponsorship of speakers and events, as well pact in our community All the while, he or she bivalence. Some local community leaders are as its scholarship. must have been involved in many aspects of impatient and nervous about the future. At In October 1917, 16 women with a common community life, giving extensive service be- the same time, most blacks believe that they desire to improve the positions of women in yond employment, giving long-time, meaning- must be patient and that the country is mov- the work force gathered at the local YWCA. ful service to the community and serving as a ing in the right direction. This patience is They founded a club with the original objective not to be confused with disengagement or role model for the residents of the Conejo/Las passivity. Rather, it is a realism rooted in to ``blend together women in the professions Virgenes region. the belief that changing four decades of and businesswomen so that the standard of Doris and Ken have fulfilled the aforemen- apartheid will take more than three years. working women could be raised.'' Two years tioned criteria with overwhelming evidence. Those who have enjoyed the benefits of free- later, delegates traveled to St. Louis to join They have both served to defend our Nation dom; those who take access to water and several hundred other women in the founding in the U.S. Air Force. Ken has also served as electricity for granted; those whose children of the National Federation of Business and a board member and president of the Military have long had good schools available; those Professional Women's Clubs. In its first dec- Order of World Wars. They have provided who have had good health care when and ade, several Springfield members served as where they needed it; and those who were spiritual assistance to those in the community safe in their suburban homes while criminals officers of the National Federation as well as through their involvement in Westminster were permitted to prey, sometimes in collu- traveling to Europe to help found the Inter- Presbyterian Church, particularly Doris's role sion with the police, on township and squat- national Federation of Business and Profes- as a deaconess. The Rufeners are involved in ter village residents at will, are more likely sional Women's Clubs. The first treasurer of every aspect of community life from their to use a different yardstick to measure the the International Federation was Henrietta neighborhood homeowners association, var- quality of life in the new South Africa. Harris of Springfield. ious men's and women's service clubs in the Yet, there is one thing on which all South Throughout its history, the club has reached area, to athletic associations and assisting in Africans agree. It is the common feeling that out to promote several charitable organiza- unless the crime rate is reduced the quality providing mental and health care to indige- of life will be significantly impaired. There tions. Through their Harris-Bullman Fund, they nous persons. Doris's involvement is high- is an obsession with crime in some quarters, have been generous supporters of the Open lighted by her role as a Governor's appointee an obsession fed both by reality and a long Pantry, Camp Star-Camp Angelina, Grey to the advisory board at Camarillo State Hos- period of isolation and psychological exile House, and the Forest Park Zoological Soci- pital. This description merely scratches the from the rest of the world. Many South Afri- ety. Their Jessie M. BourneÐWinifred Daly surface of the Rufeners' record of service to cans are convinced that the high level of Scholarship Fund provides nontraditional the community; unfortunately the full extent of crime they are experiencing is somehow women students with a scholarship to either their dedication is too lengthy to discuss here unique to South Africa. The government has return to college or enroll for the first time. In been greatly limited by the desire not to re- today. strict newly granted liberties and by a police addition, the club routinely collects good used Doris and Ken also lead full everyday lives. force beset with corruption, poorly trained work clothing to donate to women on welfare Ken, after serving as mayor and council mem- and whose only major responsibility in the or who were in prison and are now seeking ber of the city of Westlake Village, is currently past was to support the maintenance of a po- professional employment. a director representing division IV of the Las lice state. They know nothing about commu- Beyond these endeavors, the club has Virgenes Municipal Water District. Doris is nity policing and, in some instances, have no championed the role of women in our political concentrating her work at the Human Re- desire to learn. But none of this takes away system by donating funds and volunteer hours sources Center and the local mental hospital. from the fact that crime must be reduced to the Women's Vote Project. Through their and the government has a very limited win- They are also the loving parents of two chil- dow of opportunity in which to do it. continuing Springfield Forums the club has dren, David and Karen. More is being done, however, than is com- welcomed distinguished guests, such as Amel- I believe that John F. Kennedy's criteria for monly assumed. The government has an ia Earhart, to speak on current events and determining success in community involve- anti-crime strategy and a recent report indi- their experiences. ment exemplify the spirit of the Civitas Award E1664 CONGRESSIONAL RECORD — Extensions of Remarks September 4, 1997 and Doris and Ken's service to our commu- visers has estimated the costs of the new reg- TRIBUTE TO THE EMPLOYEES, nity. ulations to be between $11.6 and $60 billion FAMILIES, AND FRIENDS OF THE First, were we truly men of courage * * * per year, compared to benefits totaling be- LONG BEACH NAVAL SHIPYARD Second, were we truly men of judgement tween $200 million and $1 billion per year. * * * Third, were we truly men of integrity Even the EPA's own calculationsÐwhich only HON. STEPHEN HORN * * * Finally were we truly men of dedica- estimate partial costsÐshow that the regula- OF CALIFORNIA tion? tions' cost outweigh their benefit. IN THE HOUSE OF REPRESENTATIVES The answers to these questions is in- Thursday, September 4, 1997 deed, yes. Air quality is improving nationwide even without new regulations. All six air pollutants Mr. Speaker, I ask you and my distin- Mr. HORN. Mr. Speaker, I rise today to pay tracked by EPA have shown dramatic im- guished colleagues to join me in paying tribute tribute to the employees, families, and friends provements since 1975. Air particulates are to this outstanding couple, Doris and Ken of the Long Beach Naval Shipyard, which will down 24 percent, sulfur dioxide down 50 per- Rufener. It is an honor to congratulate the close in a few days after decades of service. cent, carbon monoxide down 53 percent, Rufeners as recipients of the coveted Civitas In addition to playing an integral role in Ameri- ozone down 25 percent, nitrogen dioxide down Award. ca's national defense, the shipyard has been 24 percent, and lead down 94 percent. In re- f a cornerstone of the Long Beach community. cent testimony before the House Commerce A half century of history, with all of the suc- AIR QUALITY REGULATIONS Committee, EPA Administrator Carol Browner cess and adversity that history can bring to stated that air quality will continue to improve bear, has forged strong bonds between the HON. BOB SCHAFFER substantially even without the new regulations. Long Beach Naval Shipyard and the city of Full implementation of the regulations should OF COLORADO Long Beach and its surrounding region. In the be delayed until more of our questions can be IN THE HOUSE OF REPRESENTATIVES best sense, we have been one community answered. where military and civilians have pulled to- Thursday, September 4, 1997 gether for the good of all. Mr. BOB SCHAFFER of Colorado. Mr. f Our relationship was born in the early, Speaker, on November 27, 1996, the Environ- frightening months of the Second World War, mental Protection Agency [EPA] proposed TRIBUTE TO THE GRAAFSCHAP when the shipyard was added to an already new air quality regulations that will have an CHRISTIAN REFORMED CHURCH considerable Navy presence in the area. The enormous impact on Colorado. These new relationship grew and prospered as America's standards increase the regulation of ozone Armed Forces produced the victories of 1945 and airborne particulate levels and are backed HON. PETER HOEKSTRA and the hope of lasting peace. Instead of a by dubious science which will carry enormous OF MICHIGAN lasting peace, we faced the long, bitter, and costs for businesses and taxpayers. tense years of Korea, Vietnam, and the cold The new standards will be difficult and per- IN THE HOUSE OF REPRESENTATIVES war. The shipyard took on the task of keeping haps impossible to meet in many areas. The Thursday, September 4, 1997 the Navy ready for actual and potential con- ozone standards will change from .12 to .08 flicts at any time or place. Our Nation, the parts per million. That means there will be less Mr. HOEKSTRA. Mr. Speaker, I rise today shipyard, and its exceptional employees than one ozone molecule in every 10 million to recognize the congregation of the passed the tests of efficiency and effective- air molecules. The EPA rule for particulate Graafschap Christian Reformed Church of ness with flying colors and played a vital part matter sizeÐessentially sootÐposes addi- Graafschap, MI, as they celebrate 150 years in the ultimate victory that brought down the tional problems. These new standards will set of service to God, family, and community. Berlin Wall and ended the threat of Com- levels for particles of a size down to 2.5 mi- On April 4, 1847, 104 pioneers left Rotter- munism. Those events and the job well done by crons. In comparison, the width of a human dam, the Netherlands with the hope of finding thousands of talented men and women are hair is 70 micronsÐ28 times as wide. religious freedom and economic opportunity in what we will remember. And what we all EPA's focus in the development of these America. They arrived in New York harbor on should value, as we now bring to a close this rules appears to have been on the Midwest May 23, and settled on the south shore of long and highly successful partnership. For the and the Eastern United States. For example, Macatawa Beach in Holland, MI on June 20. past five decades, the Long Beach Naval when EPA last revised the particulate matter The settlers soon founded the Graafschap Shipyard has played a vital role in our national standards, they relied upon health effects Christian Reformed Church, dedicating their defense and it has been a crucial part of our studies primarily conducted in the Eastern log church in 1848. The early church faced local economy. Those who have served at United States. However, upon implementation many challenges and difficulties, but the con- Long Beach's shipyard displayed superb skill, the vast majority of the nonattainment areas gregation responded with prayer and hard uncommon commitment, and an unyielding were in the West. When impacts on the West work. By 1862, the church had grown signifi- dedication. Their service, and the shipyard it- are not appropriately addressed early in the cantly and the current colonial church building self, will long be remembered as a source of process, the end result has been an unfair was constructed. regulatory burden on the West. pride for the U.S. Navy and for the city of Everyone wants cleaner air. However, there As Graafschap Christian Reformed Church Long Beach. is no scientific foundation for these extreme grew in numbers and strengthened her spir- f regulations. Very little is actually known about itual roots, its vision expanded beyond its own congregation and extended to the community. THE IMATION CORP. RECEIVES the health effects of such low levels of ozone THE EPA 1997 PRESIDENTIAL and particulates or whether there are any In the past 150 years, the church has been a strong supporter of Christian education. As a GREEN CHEMISTRY CHALLENGE health effects at all. At first, the EPA claimed AWARD the new standards would save 20,000 lives a leader in community ministry, the congregation year. The agency then revised the figure to has supported and participated in mission 15,000. EPA, however, has refused to release projects around the world. HON. BILL LUTHER the data on which those estimates are based. The past and present members of the OF MINNESOTA Independent researchers say they cannot sub- Graafschap Christian Reformed Church have IN THE HOUSE OF REPRESENTATIVES stantiate EPA's health claims on currently had a profound impact on the Holland, MI Thursday, September 4, 1997 available data. area. Now with more than 500 members, the Mr. LUTHER. Mr. Speaker, I rise today to The costs are easier to establish. These church is dedicated to continuing its spiritual congratulate the Imation Corp. of Oakdale, standards will radically alter the way we live. mission far into the future. I would like to ex- MN, for receiving the 1997 Presidential Green The EPA has estimated that as much as half tend my thanks to Graafschap Christian Re- Chemistry Challenge Award from the U.S. En- of the U.S. population will have to limit the use formed Church for 150 years of service and vironmental Protection Agency [EPA]. Imation of automobiles, lawnmowers, wood-burning commitment to God and the community, and is a new imaging and information company lo- stoves, fireplaces, and even barbecue grills. offer my congratulations on the celebration of cated in my district, that was once part of 3M. These regulations will suppress economic their anniversary. May God continue to bless Imation has developed a new way to proc- growth and job creation throughout Colorado. the congregation and their work in the years to ess x rays and other diagnostic medical im- The President's own Council of Economic Ad- come. ages. Developing these images through the September 4, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1665 use of traditional film developing processes 25TH ANNIVERSARY OF HELP LINE Tomorrow, she will receive the 1997 West- creates a great deal of waste through the use ern Regional Excellence in Teaching Award by of wet chemistry. The new technology devel- HON. PAUL E. KANJORSKI the National Council of Negro Women. This oped by Imation does away with this wet OF PENNSYLVANIA Excellence in Teaching Award is designed to chemistry and replaces it with a process that IN THE HOUSE OF REPRESENTATIVES raise awareness and involvement of African- uses heat and laser imaging to develop im- American parents, educators, and community Thursday, September 4, 1997 ages. The company estimates that this new leaders in meeting the educational needs of process has already reduced the production of Mr. KANJORSKI. Mr. Speaker, I rise today, African-American youth. contaminated wastewater by 54.5 million gal- to celebrate the 25th anniversary of the found- The award recognizes exceptional public lons annually. ing of Help Line, a nonprofit, informational, ad- school teachers of African-American students vocacy, and crisis intervention agency serving who are living the philosophy and legacy of It is for this reason that the EPA has singled the Wyoming Valley area of my congressional the National Council of Negro Women. Fund- out Imation for this award. Minnesota has a district in Pennsylvania. ed by Shell Oil Co., the award ceremonies to- long and proud tradition of finding ways to im- Administered by the Family Services Asso- morrow are an opportunity to generate greater prove our way of life while protecting and nur- ciation, Help Line was created by Anne Ver- public awareness and appreciation of excel- turing our natural surroundings. It is terrific to non in 1972 when the raging flood waters of lence in teaching. see a high-technology company like Imation Hurricane Agnes shut down all communication This is not the first time that Dr. Oyeshiku developing products that reduce pollution in the Wyoming Valley. It provided a central- has been recognized for her outstanding con- while still getting the job done for the Amer- ized source of vital information to the victims tribution to our young people. She was the ican people. I am very pleased to bring their of the devastation. In 1975, the agency en- California Teacher of the Year in 1981 and success to the attention of the House and to tered into an agreement with area agencies to also National Teacher of the Year finalist that congratulate them on their achievement. provide 24 hour crisis services. Soon other year. She was honored as the Headliner in agencies signed on to the service and Help Education by the San Diego Press Club in f Line became the crisis center for all Wyoming 1981. Valley social service agencies. The informa- She serves on the California Academic Part- NATIONAL FARMERS’ MARKET tion and referral component of Help Line now nership Program Advisory Board, is an evalua- MONTH lists over 500 agencies in its local data files tion team leader of the California Commission and over 1,700 total listings. on Teacher Credentialing, has served as past Throughout its existence, Help Line has re- cochairperson for all English department HON. BRAD SHERMAN sponded to special community needs. For ex- Chairs in the San Diego unified school district, OF CALIFORNIA ample, it assisted in the coordination of the is a member of the Advisory Committee in local United Way's Emergency Day Camp Reading for the San Diego unified achieve- IN THE HOUSE OF REPRESENTATIVES Program, establishing services for the speech ment goals program and of the advisory coun- Thursday, September 4, 1997 and hearing impaired, and assembling a list of cil to an interdisciplinary approach to multicul- physicians for people who were unemployed tural education. She has lectured throughout Mr. SHERMAN. Mr. Speaker, I rise today to and without health insurance. the State of California on issues related to commemorate August as the U.S. Department Mr. Speaker, the Wyoming Valley has education. of Agriculture's National Farmers' Market grown to rely on the services of Help Line. Dr. Oyeshiku has always been an outstand- Month. I would like to take this time to recog- Help Line has established the Family Action ing role model for many years. She served in nize the successes of Southern California's Network, addressing the problems of teen the Peace Corps in Brazil, and received the farmers' markets, particularly the Southland pregnancy, HIV infection, juvenile delinquency, John F. Kennedy Award as the outstanding Farmers' Market. and substance abuse just to name a few. Peace Corps volunteer in 1966. She is a Under the able leadership of its director, Mr. member of the Readathon Advisory Board of Each year more than a million and a half the Multiple Sclerosis Society. people visit Southland Farmers' Markets to Michael Zimmerman; assistant director, Mr. Gary F. Smith; family services director, Mr. Like those before her who have received purchase the finest and freshest produce in this high honor, Dr. Oyeshiku has worked tire- town. At these markets the consumer buys di- Dennis Gourley, and its outstanding board of community leaders led by Mr. Tom Bigler, lessly for the benefit of every student in her rectly from the farmer, purchasing the freshest classes. Her principal, Dr. Shirley Peterson, food at competitive prices. These farmers also Help Line is one of the most comprehensive 24 hour crisis centers and information and re- told me that she is ``honored, on behalf of all help people select the juiciest and ripest of the Morse High School Tigers, to recognize produce while offering tips on preparation and ferral centers of its kind in the Commonwealth of Pennsylvania. Its well trained and dedicated Dr. Oyeshiku for receiving this prestigious cookingÐservices not available in most gro- staff are on duty to handle crises round the award and to commend her and applaud her cery stores. clock. efforts.'' In addition to offering spectacular services, Mr. Speaker, I am proud to join with the Mr. Speaker, every student deserves the these markets are extraordinarily important to Board of Family Services Association and the opportunity to succeed, and every student de- both farmers and citizens in our community. entire Wyoming Valley in congratulating the serves a teacher like Dr. Oyeshiku. I am The majority of participants are small farmers fine management and staff of Help Line for pleased that her efforts are recognized with who desperately need access to public mar- providing quality service for 25 years. the 1997 Western Regional Excellence in Teaching Award. kets in order to survive. They therefore rely f upon selling their products at these markets f DR. PATRICIA WORTHY OYESHIKU: and would find it difficult to market their crops TRIBUTE TO CATHOLIC SOCIAL 1997 WESTERN REGIONAL EXCEL- if they could no longer participate in farmers' SERVICES OF ST. CLAIR COUNTY, LENCE IN TEACHING AWARD markets. 50TH ANNIVERSARY Besides helping farmers, these markets also benefit citizens in our community. They pro- HON. BOB FILNER HON. DAVID E. BONIOR vide an opportunity for farmers to supply sur- OF CALIFORNIA OF MICHIGAN plus produce for the hungry and have helped IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES to revitalize downtown communities in our Thursday, September 4, 1997 Thursday, September 4, 1997 area. The success of these markets would not Mr. FILNER. Mr. Speaker, I rise today to Mr. BONIOR. Mr. Speaker, today, I would be possible without the backing of the Depart- pay tribute to Dr. Patricia Worthy Oyeshiku, a like to honor Catholic Social Services of St. ment of Agriculture and citizens of our com- distinguished teacher from my home town of Clair County as they celebrate their 50th anni- munity. San Diego who has made a positive impact on versary on September 14. This group of ex- Mr. Speaker, I ask you and my colleagues thousands of young lives in our community. I traordinary people have dedicated their time, to join me in commemorating August as Na- am proud to recognize Dr. Oyeshiku, an out- talents, and devotion to God to improve the tional Farmers' Market Month. I wish great standing teacher at Morse High School in my welfare of people throughout St. Clair County. success for all farmers' markets here in our congressional district where she has taught In 1947, under the leadership of Edward community and throughout the United States. since 1971. Cardinal Mooney of the archdiocese of Detroit, E1666 CONGRESSIONAL RECORD — Extensions of Remarks September 4, 1997 Catholic Social Services of St. Clair County and persecution resulting from their Catholic distinguished judges to the team, which dem- was founded. In addition to the strong support faith and anticommunist views led the Madars onstrates leadership in the application of elec- of the archdiocese, the League of Catholic to our country. Discrimination not only affected tronic control systems. According to a FIRST Women played a key role in bringing Catholic the Madar's ability to practice their faith, but spokesperson, ``Beatty Machine had a very, Social Services into existence. Its mission was also their employment opportunities. While very strong team and good strategy.'' to provide counseling and assistance to trou- Slovakia has made some progress in the area In honor of their accomplishments, Team bled families and individuals regardless of of human rights, the Madars believe that this Hammond was awarded special recognition their religious affiliation. change has not been sufficient enough to en- through a joint resolution in the Indiana State When Catholic Social Services was first in- sure the level of safety and freedom that they Senate and House of Representatives on April stituted, it was run by the Reverend John R. have found in the United States. My legislation 25, 1997, and also met with Indiana Governor, Hogan and only one social worker. But as would allow the Madar family permanent resi- Frank O'Bannon, in April. In addition, the team time passed and the organization grew, so did dency which in turn would allow them to con- was featured on ESPN's 1-hour special cover- its services. With the help of volunteers, pro- tinue to contribute to the quality of life in west- ing the national competition on Saturday, Au- fessionals, and the support of the Catholic ern Pennsylvania and their community. gust 23, 1997. The team expects appearances Church, the agency was able to expand to I am honored that I have the privilege to on other television shows, as well as a visit to meet the varying needs of the community. The represent people of such fortitude and look the White House later this year. agency now runs Child Welfare services along forward to working with my colleagues to help Mr. Speaker, I ask you and my other distin- with Adoption and Foster Home Care as well the Madars in their quest to call the United guished colleagues to join me in congratulat- as an Alcoholic Service Center. Services were States their lifelong home. ing the Beatty Machine Team Hammond stu- also added to aid those experiencing problems f dents on their outstanding accomplishments in relating to aging, pregnancy, and child abuse. the field of science and technology. I would For the past five decades, Catholic Social TRIBUTE TO NATIONAL ROBOTICS also like to commend the employees of Beatty Services has combined its resources and en- COMPETITION WINNERS Machine for the leadership they have taken in ergies to bring aid and sympathy to those in the education of our community's youth. All in- need. Its vision and support has touched and HON. PETER J. VISCLOSKY volved in this project should be proud of the improved the lives of many people. Over the OF INDIANA hard work and dedication they have put forth years, Catholic Social Services has provided IN THE HOUSE OF REPRESENTATIVES to succeed and achieve. an indispensable contribution to the people of f St. Clair County. I ask my colleagues to join Thursday, September 4, 1997 me in congratulating Catholic Social Services Mr. VISCLOSKY. Mr. Speaker, it is my TRIBUTE TO JOHN AND EFFIE of St. Clair County on their historic anniversary pleasure to take this opportunity to congratu- WESTRA and in the anticipation of a successful future. late 20 students from four Hammond, IN, high f schools for winning the national robotics com- HON. BRAD SHERMAN petition, FIRST [For Inspiration and Recogni- OF CALIFORNIA RELIEF FOR JOZEF RICHARD tion of Science and Technology], held at Walt IN THE HOUSE OF REPRESENTATIVES MADAR, ETELA MADAR, AND Disney World's Epcot Center on April 10 JOZEF THOMAS MADAR through 12, 1997. Sponsored by Beatty Ma- Thursday, September 4, 1997 chine Manufacturing Co., Team Hammond en- Mr. SHERMAN. Mr. Speaker, it is a great HON. MICHAEL F. DOYLE tered 1 of 156 robots from 30 States and honor for me to rise today and pay tribute to OF PENNSYLVANIA Puerto Rico, which resulted in 113 operating John and Effie Westra, who are being honored IN THE HOUSE OF REPRESENTATIVES robots at the nationals. Beatty Machine's by the Simon Wiesenthal Center as Righteous Team Hammond won the elimination matches Gentiles for their heroic decision to harbor Thursday, September 4, 1997 to capture the first place national title. Jewish children during World War II. Through Mr. DOYLE. Mr. Speaker, I rise today to Members of Beatty Machine's Team Ham- their sacrifice and dedication to their fellow speak about legislation I have introduced that mond include: Karl Fink, Tara Hasting, Laurie man, both John and Effie Westra have pro- would provide permanent residency to a Michnal, April Roque, and Steve Wiant, of vided models for all of us who seek to tran- young family from the former Czechoslovakia: George Rogers Clark High School; Jim Fer- scend differences of race and religion that all Jozef Richard Madar, Etela Madar, and their guson, Dave Mohamed, Ebony Townsend, too often divide us. son, Jozef Thomas Madar. Kris Vankleek, and Owen Wels, of Gavit High This story of courage begins in what for Several years prior to Slovakia's independ- School; Matt Jakubczyk, John Ly, Nicholas many of us is a dark and distant past amid the ence from the Czech Republic, the Madars Piatek, James Severa, and Jeff Spector, of horrors of WWII. Thanks to John and Effie sought refuge from religious persecution in the Hammond High School; and Wendy Westra, however, life and hope overcame United States. Since arriving in our country Camancho, Amber Lahners, Natalie Payonk, those horrors which engulfed the world as over 6 years ago, Jozef and Etela have fol- Danelle Rivera, and Chris Sikich, of Morton they, like countless others, protected Jewish lowed the rules and have conducted their lives High School. children from the Nazis. in a most exemplary manner. Both Jozef and The employees of Beatty Machine and its I could only imagine what thoughts went Etela have been gainfully employed the entire sister corporation, Bemcor, worked in conjunc- through John's and Effie's thoughts as they time they have been in the United States. In tion with Team Hammond to design and build took in Alex RadzinerÐthe threat of reprisal addition, neither Jozef or Etela has a criminal the winning robot during an intense 6-week from the Nazis if they were caught hiding a record and they have not accepted any public period. The 116-pound remote-controlled robot Jewish child, the fear of facing an uncertain assistance or welfare. The Madar family, worked to place inner tubes on a central post future amid a war-shattered Europe. which has grown to include another son, during 2-minute competitions. After winning However, despite the constant threat of Kevin, has been active in and embraced by the Midwest-Regional championship in March, being discovered, John and Effie Westra hid both their community and church. In short, the Team Hammond was courted aggressively at Alex for 2 long and difficult years. Their com- Madar family is an embodiment of the the national competition by such Fortune 500 passion reminds me of a saying. ``The brave strengths that built our great immigrant coun- competitors as Motorola, Delco Electronics man is not he who feels no fear, . . . But he, try. Corp., and Procter and Gamble. However, whose noble soul its fear subdues, And brave- Religious liberty, the freedom to proclaim a Team Hammond succeeded in eliminating the ly dares the danger nature shrinks from.'' religious identity and practice it without fear, competition, some of which budgeted as much It was due to the moral courage of John and should be an inalienable right for people ev- as $500,000 for this year's entry. In addition to Effie Westra that Alex Radziner survived the erywhere. In the former Czechoslovakia, Com- winning the first place title, the team was war. Today I join Alex Radziner's family to munist rule had a detrimental effect on all as- awarded the Honeywell Leadership in Control commend the Westras' courage and take pects of the Madar's life. Acts of harassment Award. This honor is awarded by a panel of honor in recognizing John and Effie. Thursday, September 4, 1997 Daily Digest

HIGHLIGHTS The House passed H.R. 2159, Foreign Operations Appropriations Act. Senate Pending: Chamber Action Gregg Amendment No. 1070, to prohibit the use Routine Proceedings, pages S8765–S8836 of funds for national testing in reading and mathe- Measures Introduced: Three bills and one resolu- matics, with certain exceptions. tion were introduced, as follows: S. 1147–1149, and Pages S8779±80, S8793±94 Coats/Gregg Amendment No. 1071 (to Amend- S. Con. Res. 50. Page S8823 ment No. 1070), to prohibit the development, plan- Measures Reported: Reports were made as follows: ning, implementation, or administration of any na- S. 261, to provide for a biennial budget process tional testing program in reading or mathematics and a biennial appropriations process and to enhance unless the program is specifically authorized by Fed- oversight and the performance of the Federal Gov- eral statute. Pages S8779±80, S8793±94 ernment, with an amendment in the nature of a sub- Specter Amendment No. 1069, to express the stitute. (S. Rept. No. 105–72). sense of the Senate that the Attorney General has H.J. Res. 75, to confer status as an honorary vet- abused her discretion by failing to appoint an inde- eran of the United States Armed Forces on Leslie pendent counsel on campaign finance matters and Townes (Bob) Hope. Page S8823 that the Attorney General should proceed to appoint such an independent counsel immediately. Labor/HHS Appropriations, 1998: Senate contin- Page S8772 ued consideration of S. 1061, making appropriations Nickles/Jeffords Amendment No. 1081, to limit for the Departments of Labor, Health and Human the use of taxpayer funds for any future International Services, and Education, and related agencies for the Brotherhood of Teamsters leadership election. fiscal year ending September 30, 1998, taking action Pages S8788±90, S8794±S8817 on amendments proposed thereto, as follows: Craig Amendment No. 1083 (to Amendment No. Pages S8772±82, S8785±90, S8792±S8817, S8819 1081), in the nature of a substitute. Pages S8805±17 Adopted: Withdrawn: By a unanimous vote of 97 yeas (Vote No. 216), Lieberman/Coats Amendment No. 1080, to in- D’Amato Modified Amendment No. 1079, to in- crease funding for the Public Charter Schools Pro- crease the amounts made available to carry out title gram under Part C of Title X of the Elementary and III of the Older Americans Act of 1965. Secondary Education Act of 1965. Pages S8786±88 Pages S8785±86, S8792±93 A unanimous-consent agreement was reached pro- Rejected: viding for further consideration of the bill and cer- By 38 yeas to 60 nays (Vote No. 215), Coats/ tain amendments to be proposed thereto, and that Nickles Amendment No. 1077, to prohibit the use following disposition of the amendments, the Senate of funds for research that utilizes human fetal tissue, vote on final passage of S. 1061 and that the Senate- cells, or organs that are obtained from a living or passed bill remain at the desk. Further, that when dead embryo or fetus during or after an induced the Senate receives H.R. 2264, the House companion measure, all after the enacting clause be stricken and abortion. Pages S8772±78, S8780±81 Kennedy Amendment No. 1082 (to Amendment the text of S. 1061 be inserted in lieu thereof, that No. 1081), of a perfecting nature. (By 56 yeas to 42 the Senate insist on its amendment, request a con- ference with the House thereon, and the Chair be nays (Vote No. 217), Senate tabled the amendment.) authorized to appoint conferees on the part of the Pages S8789±90, S8794±S8805 Senate. Page S8819 D896 September 4, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D897

FDA Modernization and Accountability Act— Messages From the House: Pages S8822±23 Cloture Vote Agreement: A unanimous-consent Measures Referred: Page S8823 agreement was reached providing for a cloture vote on the motion to proceed to consideration of S. 830, Statements on Introduced Bills: Pages S8823±31 to amend the Federal Food, Drug, and Cosmetic Act Additional Cosponsors: Pages S8831±32 and the Public Health Service Act to improve the Amendments Submitted: Page S8833 regulation of food, drugs, devices, and biological products, to occur at 9:50 a.m., on Friday, Septem- Notices of Hearings: Page S8833 ber 5, 1997, and that if cloture is invoked, there be Authority for Committees: Page S8834 up to 8 hours for debate on Friday and 4 hours for Additional Statements: Pages S8834±35 debate on Monday, equally divided. Page S8821 A second motion was entered to close further de- Record Votes: Five record votes were taken today. bate on the motion to proceed to consideration of (Total–219) Pages S8781, S8793, S8805, S8818±19 the bill and, in accordance with the provisions of Adjournment: Senate convened at 9:30 a.m., and rule XXII of the Standing Rules of the Senate, a adjourned at 9:32 p.m., until 9:30 a.m., on Friday, vote on the cloture motion could occur on Monday, September 5, 1997. (For Senate’s program, see the September 8, 1997. Page S8821 remarks of the Acting Majority Leader in today’s Subsequently, the motion to proceed to consider- Record on page S8836.) ation of the bill was withdrawn. Page S8821 Messages From the President: Senate received the following messages from the President of the United Committee Meetings States: (Committees not listed did not meet) Transmitting a report of the activities of the U.S. Government in the United Nations for calendar year RURAL AGRICULTURAL CREDIT 1996; referred to the Committee on Foreign Rela- tions. (PM–62). Page S8822 Committee on Agriculture, Nutrition and Forestry: Com- Transmitting the annual report of the Federal mittee concluded hearings to examine the availabil- Labor Relations Authority for fiscal year 1996; re- ity of credit in rural America, focusing on the per- ferred to the Committee on Governmental Affairs. formance of rural financial markets and the safety (PM–63). Page S8822 and soundness of the Farm Credit System, after re- ceiving testimony from Marsha Pyle Martin, Chair- Nominations Confirmed: Senate confirmed the fol- man and Chief Executive Officer, Farm Credit Ad- lowing nominations: ministration; Susan E. Offutt, Administrator, Eco- By unanimous vote of 96 yeas (Vote No. 218 nomic Research Service, and Dayton J. Watkins, Ad- EX), Henry Harold Kennedy, Jr., of the District of ministrator, Rural Business-Cooperative Service, both Columbia, to be United States District Judge for the of the Department of Agriculture; David Heming- District of Columbia. Pages S8818±21, S8836 way, Member of the Board of Directors, Federal Ag- By unanimous vote of 96 yeas (Vote No. 219 ricultural Mortgage Corporation; Mark Drabenstott, EX), Frank M. Hull, of Georgia, to be United States Federal Reserve Bank of Kansas City, Kansas City, Circuit Judge for the Eleventh Circuit. Missouri; Mark A. Edelman, Iowa State University, Pages S8818±21, S8836 Ames; Dennis Everson, First Dakota National Bank, Nominations Received: Senate received the follow- Yankton, South Dakota, on behalf of the American ing nominations: Bankers Association; Terry Jorde, Towner County Dale A. Kimball, of Utah, to be United States State Bank, Cando, North Dakota, on behalf of the District Judge for the District of Utah. Independent Bankers Association of America; and Edward F. Shea, of Washington, to be United Jerold L. Harris, Farm Credit Bank of Wichita, States District Judge for the Eastern District of Wichita, Kansas, on behalf of the Farm Credit Washington. Council. R. Roger Majak, of Virginia, to be an Assistant Secretary of Commerce. NATIONAL EDUCATION TESTING Raymond G. Kammer, of Maryland, to be Direc- Committee on Appropriations: Subcommittee on Labor, tor of the National Institute of Standards and Tech- Health and Human Services, and Education con- nology. cluded hearings to examine the Administration’s Routine lists in the Foreign Service and Public proposed initiative to develop voluntary national Health Service. Page S8836 standards to measure academic achievement in read- Messages From the President: Page S8822 ing and mathematics, after receiving testimony from D898 CONGRESSIONAL RECORD — DAILY DIGEST September 4, 1997 Representative Goodling; Richard W. Riley, Sec- CAMPAIGN FINANCING INVESTIGATION retary of Education; and Marshall Smith, Acting Committee on Governmental Affairs: Committee re- Deputy Secretary of Education. sumed hearings to examine certain matters with re- AUTHORIZATION—SUPERFUND gard to the committee’s special investigation on Committee on Environment and Public Works: Commit- campaign financing, receiving testimony from Ven- tee held hearings on S. 8, to revise and authorize erable Man-Ho, Venerable Yi Chu, and Venerable funds for fiscal years 1998 through 2002 for the Man Ya, all of Hsi Lai Temple, Hacienda Heights, Comprehensive Environmental Response, Compensa- California. tion, and Liability Act (Superfund), receiving testi- Hearings continue tomorrow. mony from Carol M. Browner, Administrator, Envi- ONLINE COPYRIGHT INFRINGEMENT ronmental Protection Agency; Nebraska Governor E. LIABILITY Benjamin Nelson, Lincoln, on behalf of the National Governors’ Association; Mayor James P. Perron, Elk- Committee on the Judiciary: Committee held hearings hart, Indiana, on behalf of the United States Con- to examine how to combat the risk of copyright in- ference of Mayors; New York State Assistant Attor- fringement facing online and internet service provid- ney General Gordon J. Johnson, New York, New ers, and S. 1146, to provide limitations on copyright York, on behalf of the National Association of Attor- liability relating to material on-line, receiving testi- neys General; and Wilma Subra, Subra Company, mony from Fritz E. Attaway, Motion Picture Asso- New Iberia, Louisiana. ciation of America, Cary H. Sherman, Recording In- Hearings recessed subject to call. dustry Association of America, Roy Neel, United States Telephone Association, and Robert L. Oakley, NOMINATION Georgetown University Law Center, on behalf of the Committee on Foreign Relations: Committee concluded American Association of Law Libraries, all of Wash- hearings on the nomination of Peter L. Scher, of the ington, D.C.; Daniel Burton, Novell, Orem, Utah, District of Columbia, for the rank of Ambassador on behalf of the Business Software Alliance and the during his tenure of service as Special Trade Nego- Software Publishers Association; and George tiator, after the nominee, who was introduced by Vradenburg III, America OnLine, Inc., Dulles, Vir- Senator Baucus, testified and answered questions in ginia, on behalf of the Ad Hoc Copyright Coalition. his own behalf. Hearings recessed subject to call. CAMBODIA JUDGESHIP ALLOCATION Committee on Foreign Relations: Subcommittee on East Committee on the Judiciary: Subcommittee on Admin- Asian and Pacific Affairs concluded hearings to ex- istrative Oversight and the Courts concluded hear- amine the current political situation in Cambodia ings to examine the allocation of judgeships in the and the policy taken by the United States in re- United States Court of Appeals for the Second and sponse to Hun Sen’s seizure of power in Cambodia, Eighth Circuits, after receiving testimony from after receiving testimony from former Representative Richard S. Arnold, Chief Judge, United States Court Thomas H. Andrews; Stanley O. Roth, Assistant of Appeals for the Eighth Circuit (Little Rock, Ar- Secretary of State for East Asian and Pacific Affairs; kansas); Ralph K. Winter, Chief Judge, United Sichan Siv, former Deputy Assistant to President States Court of Appeals for the Second Circuit (New Bush; Frederick Z. Brown, Southeast Asian Studies Haven, Connecticut); Jon O. Newman, Senior Judge, School of Advanced International Studies/Johns Hop- United States Court of Appeals for the Second Cir- kins University, Washington, D.C.; and Brad cuit (Hartford, Connecticut); and Lawrence L. Adams, United Nations Human Rights Center, Piersol, District Judge, United States District Court Phnom Penh, Cambodia. (Sioux Falls, South Dakota). September 4, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D899 House of Representatives tions to the U.N. Fund for Population Activities un- Chamber Action less the President certifies that the fund has either Bills Introduced: 14 public bills, H.R. 2396–2409; terminated all activities in China or during the 12 1 private bill, H.R. 2410; and 5 resolutions, H. months preceding certification there have been no Con. Res. 143–145, and H. Res. 219–220, were in- forced abortions associated with China’s family plan- troduced. Pages H6916±17 ning program (agreed to by a recorded vote of 234 Reports Filed: The following report was filed today: ayes to 191 noes, Roll No. 363). Pages H6830±46 H.R. 2036, to amend chapter 443 of title 49, Rejected: United States Code, to extend the authorization of The Burton of Indiana amendment that sought to the aviation insurance program (H. Rept. 105–244); limit Development Assistance funding to India to Page H6916 $41.7 million (rejected by a recorded vote of 82 ayes Speaker Pro Tempore: Read a letter from the to 342 noes, Roll No. 356); Pages H6808±23 Speaker wherein he designated Representative Rogan The Paul amendment that sought to prohibit any to act as Speaker pro tempore for today. Page H6801 funding for population control, family planning ac- Guest Chaplain: The prayer was offered by the tivities, or abortion procedures (rejected by a re- guest Chaplain, Rabbi Sidney S. Guthman of Long corded vote of 147 ayes to 278 noes, Roll No. 358); Pages H6824±25 Beach, California. Page H6801 The Fox amendment that sought to prohibit any Journal: Agreed to the Speaker’s approval of the development assistance funding to support trophy Journal of Wednesday, September 3 by a yea and hunting or the international commercial trade in ele- nay vote of 363 yeas to 46 nays, Roll No. 365. phant ivory, hides or rhinoceros horns (rejected by a Pages H6801, H6891 recorded vote of 159 ayes to 267 noes with 1 voting Motion to Adjourn: By a yea and nay vote of 53 ‘‘present’’, Roll No. 359) ; Pages H6825±26 yeas to 371 nays, Roll No. 355, rejected the Miller The Torres amendment that sought to prohibit of California motion to adjourn. Pages H6807±08 any funding for the United States Army School of Foreign Operations Appropriations Act: The the Americas (rejected by a recorded vote of 210 House passed H.R. 2159, making appropriations for ayes to 217 noes, Roll No. 360); and Page H6826 foreign operations, export financing, and related pro- The Gilman amendment to the Smith of New Jer- grams for the fiscal year ending September 30, 1998 sey amendment that allows organizations that do not by a yea and nay vote of 375 yeas to 49 nays, Roll promote abortion as a method of family planning No. 364. The House considered amendments to the and that use funds to prevent abortion as a method bill on July 30 and September 3. Pages H6808±48 of family planning to remain eligible for funding; Agreed To: prohibits funding for the U.N. Fund for Population The Campbell amendment that increases funding Activities unless the President certifies that the orga- for the African Development Fund by $25 million nization has stopped all activity in China, and absent and decreases the Economic Support Fund accord- the certification, transfers the $25 million contribu- ingly (agreed to by a recorded vote of 273 ayes to tion to the Agency for International Development 150 noes, Roll No. 357); Pages H6823±24 for population assistance (rejected by a recorded vote The Stearns amendment that expresses the sense of of 210 ayes to 218 noes, Roll No. 362). the Congress that all member nations of NATO Pages H6831±45 should contribute their proportionate share for the The Clerk was authorized to correct section num- costs of the Partnership for Peace program and any bers, punctuation, cross references, and to make future costs of NATO expansion (agreed to by a re- other conforming changes as may be necessary to re- corded vote of 425 ayes with none voting ‘‘no’’, Roll flect the actions of the House today. Page H6848 No. 361); and Pages H6826±27 The Smith of New Jersey amendment that pro- The bill was considered pursuant to the order of hibits U.S. population assistance to foreign organiza- the House of Thursday, July 24. Pages H5732±44 tions that perform abortions in foreign countries, Labor, HHS, and Education Appropriations Act: violate the abortion laws of these countries, or lobby The House completed debate and began considering for changes in their abortion laws; provides for ex- amendments to H.R. 2264, making appropriations ceptions in cases of rape, incest, or when the life of for the Departments of Labor, Health and Human the mother is endangered; and prohibits contribu- Services, and Education, and related agencies for the D900 CONGRESSIONAL RECORD — DAILY DIGEST September 4, 1997 fiscal year ending September 30, 1998. Consider- Amendments: Amendments ordered printed pursu- ation of amendments will resume on Friday, Septem- ant to the rule appear on pages H6919–20. ber 5. Pages H6849±90 Quorum Calls—Votes: Three yea-and-nay votes Agreed To: and eight recorded votes developed during the pro- The Evans amendment that makes available $2.5 ceedings of the House today and appear on pages million for section 738 of the Stewart B. McKinney H6807–08, H6823, H6824, H6824–25, H6825–26, Homeless Assistance Act relating to homeless veter- H6826, H6826–27, H6845, H6845–46, H6848, ans’ reintegration projects; Pages H6866±84 and H6891. There were no quorum calls. The Goodling amendment that increases special Adjournment: Met at 10:00 a.m. and adjourned at education funding by $25 million with offsets of 11:36 p.m. $21 million from the Employment and Training Ad- ministration, $1 million from the Department of Labor Office of Inspector General, $1.5 million from Committee Meetings the Armed Forces Retirement Home, and $1.5 mil- lion from the Railroad Retirement Board; and DISTRICT OF COLUMBIA APPROPRIATIONS Pages H6885±86 Committee on Appropriations: Subcommittee on the The Obey amendment that increases Children and District of Columbia held a hearing on D.C. Public Families Services Programs funding for child abuse Schools. Testimony was heard from Eric H. Holder, and prevention programs by $32.8 million with off- Jr., Deputy Attorney General, Department of Jus- sets of $20 million from Department of Labor State tice; the following officials of the District of Colum- Unemployment Insurance and Employment Service bia: Kevin Chavous, Councilman, Chairman, Com- Operations and $12.8 million from the Department mittee on Education, Libraries and Recreation; Bruce of Education Goals 2000 program. Pages H6887±89 K. MacLaury, Chairman, Emergency Transition, The bill is being considered pursuant to the order Education Board of Trustees; Julius W. Becton, Jr., of the House of Thursday, July 31. Pages H6667±69 Chief Executive Officer, Public Schools; Robert G. Defense Authorization Act Conference: The Childs, Chairman, Committee on Education, board House completed debate on the Traficant motion to of Education; and Josephine Baker, Chair, Public instruct conferees on H.R. 1119, to authorize appro- Charter School Board; and Malcolm E. Peabody, Co- priations for fiscal years 1998 and 1999 for military Chairman, Friends in Choice of Urban Schools. activities of the Department of Defense, and to pre- scribe military personnel strengths for fiscal years SUPERFUND PROGRAM—OPERATION 1998 and 1999, to insist upon the provisions of sec- Committee on Commerce: Subcommittee on Finance and tion 1032 of the House bill relating to the assign- Hazardous Materials held a hearing on the Operation ment of Department of Defense personnel to Border of the Superfund Program. Testimony was heard Patrol and Control. A recorded vote on the motion from Representatives Bilirakis, Dan Schaefer of Colo- was postponed until Friday, September 5. rado, Condit, Roemer, Ford, John, Goodling, Mar- Pages H6891±98 tinez, Hefley, Kanjorski, Visclosky, Neal, Barrett of Diana, Princess of Wales: The House agreed to H. Nebraska, DeLauro, Buyer, Hinchey, English of Res. 219, expressing the condolences of the House Pennsylvania, Foley, Frelinghuysen, Peterson of of Representatives on the death of Diana, Princess of Pennsylvania, McHale, Sununu, and Johnson of Con- Wales. Pages H6898±H6902 necticut. Presidential Messages: Read the following mes- SECURITY AND FREEDOM THROUGH sages from the President: ENCRYPTION ACT Federal Labor Relations Authority: Message Committee on Commerce: Subcommittee on Tele- wherein he transmitted the Eighteenth Annual Re- communications, Trade, and Consumer Protection port of the Federal Labor Relations Authority for held a hearing on H.R. 695, Security and Freedom Fiscal Year 1996—referred to the Committee on Through encryption (SAFE) Act. Testimony was Government Reform and Oversight; and Page H6902 heard from Representatives Goodlatte and Lofgren; United Nations Participation Act: Message William P. Cowell, Deputy Director, NSA, Depart- wherein he transmitted a report of the activities of ment of Defense; William A. Reinsch, Under Sec- the United States Government in the United Na- retary, Export Administration, Department of Com- tions and its affiliated agencies during calendar year merce; Robert S. Litt, Deputy Assistant Attorney 1996—referred to the Committee on International General, Criminal Division, Department of Justice; Relations. Pages H6902±03 and public witnesses. September 4, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D901 PRESIDENTIAL AND EXECUTIVE OFFICE Veterans’ Compensation Cost-of-Living Adjustment FINANCIAL ACCOUNTABILITY ACT Act of 1997. Committee on Government Reform and Oversight: Sub- f committee on Government Management, Informa- tion, and Technology approved for full Committee COMMITTEE MEETINGS FOR action amended H.R. 1962, Presidential and Execu- FRIDAY, SEPTEMBER 5, 1997 tive Office Financial Accountability Act of 1997. (Committee meetings are open unless otherwise indicated) ELECTORAL COLLEGE REFORM Committee on the Judiciary: Subcommittee on the Con- Senate stitution held a hearing on proposals for Electoral Committee on Governmental Affairs, to continue hearings College Reform: H.J. Res. 28, proposing an amend- to examine certain matters with regard to the commit- ment to the Constitution of the United States to tee’s special investigation on campaign financing, 10 abolish the electoral college and to provide for the a.m., SH–216. direct popular election of the President and Vice Committee on the Judiciary, to hold hearings on the President of the United States; and H.J. Res. 43, nominations of Marjorie O. Rendell, of Pennsylvania, to proposing an amendment to the Constitution of the be United States Circuit Judge for the Third Circuit, A. United States to abolish the Electoral College and to Richard Caputo, to be United States District Judge for provide for the direct election of the President and the Middle District of Pennsylvania, Bruce C. Kauffman, Vice President of the United States. Testimony was to be United States District Judge for the Eastern Dis- heard from Representative LaHood; and public wit- trict of Pennsylvania, and Richard A. Lazzara, to be Unit- ed States District Judge for the Middle District of Flor- nesses. ida, 9 a.m., SD–226. SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM House Committee on Science: Subcommittee on Technology Committee on Commerce, Subcommittee on Energy and held a hearing on Small Business Technology Trans- Power, hearing on Electricity: Innovation and Competi- fer Program. Testimony was heard from Daniel Hill, tion, 10 a.m., 2123 Rayburn. Assistant Administrator, Technology, SBA; Susan Committee on Rules, to consider H.R. 2267, making ap- Kladiva, Acting Associate Director, Energy, Re- propriations for the Departments of Commerce, Justice, sources and Science Issues, GAO; Wendy Baldwin, and State, the Judiciary, and related agencies for the fiscal Deputy Director, Extramural Research, NIH, De- year ending September 30, 1998, 11 a.m., H–313 Cap- partment of Health and Human Services; and public itol. witnesses. Joint Meetings VETERANS’ COMPENSATION COST-OF- Joint Economic Committee, to hold hearings to examine LIVING ADJUSTMENT ACT the employment-unemployment situation for August, Committee on Veterans’ Affairs: Subcommittee on Bene- 9:30 a.m., 1334 Longworth Building. fits approved for full Committee action H.R. 2367, D902 CONGRESSIONAL RECORD — DAILY DIGEST September 4, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, September 5 9 a.m., Friday, September 5

Senate Chamber House Chamber Program for Friday: Senate will vote on a motion to Program for Friday: Consideration of H.R. 2264, Labor, close further debate on the motion to proceed to consider- HHS, and Education Appropriations Act for FY 1998 ation of S. 830, FDA Administration Modernization and (open rule). Accountability Act, and may continue consideration of S. 1061, Labor/HHS Appropriations, 1998.

Extensions of Remarks, as inserted in this issue

HOUSE Forbes, Michael P., N.Y., E1652, E1654, E1657 Radanovich, George P., Calif., E1655 Gilman, Benjamin A., N.Y., E1652 Ramstad, Jim, Minn., E1657 Baesler, Scotty, Ky., E1656 Gingrich, Newt, Ga., E1658 Rodriguez, Ciro D., Tex., E1657 Bentsen, Ken, Tex., E1659 Hoekstra, Peter, Mich., E1664 Ros-Lehtinen, Ileana, Fla., E1655 Bishop, Sanford D., Jr., Ga., E1660 Horn, Stephen, Calif., E1664 Schaffer, Bob, Colo., E1664 Bonior, David E., Mich., E1665 Kanjorski, Paul E., Pa., E1665 Sherman, Brad, Calif., E1659, E1660, E1663, E1665, Callahan, Sonny, Ala., E1653 Kind, Ron, Wisc., E1652 E1666 Camp, Dave, Mich., E1652 Kolbe, Jim, Ariz., E1658 Snowbarger, Vince, Kans., E1656 Carson, Julia, Ind., E1661 LaFalce, John J., N.Y., E1653 Solomon, Gerald B.H., N.Y., E1654 Collins, Mac, Ga., E1651 Luther, Bill, Minn., E1664 Stump, Bob, Ariz., E1652 Doolittle, John T., Calif., E1659 Maloney, Carolyn B., N.Y., E1655 Talent, James M., Mo., E1651, E1654 Doyle, Michael F., Pa., E1666 Neal, Richard E., Mass., E1663 Visclosky, Peter J., Ind., E1666 Emerson, Jo Ann, Mo., E1660 Payne, Donald M., N.J., E1656 Watts, J.C., Jr., Okla., E1660 Filner, Bob, Calif., E1665 Pryce, Deborah, Ohio, E1659 Weygand, Robert A., R.I., E1651, E1654

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